20030731Application.pdf

verimoVerizon
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17933 N.W Evergreen Pkwy
P.O. Box 1100
Beaverton, OR 97076
July 31,2003
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, Idaho 83702
tlz/v.. t:O 5.JO~
RE: Interconnection Agreement between Verizon Northwest Inc. and MCI Worldcom
Communications, Inc.
Dear Ms. Jewell
Enclosed for Commission approval are the original and three copies of a new
agreement between Verizon Northwest Inc. MCI World com Communications, Inc.
MCI Worldcom Communications, Inc. has adopted the terms of the ICG Telecom
California agreement pursuant to the GTE/Bell Atlantic merger conditions.
Please call me at [phone] if you should have any questions.
Sincerely,
2I/h
Renee M. Willer
Verizon Northwest Inc.
Enclosure
Jeffrey A. Masoner
Vice President
Interconnection Services Policy and Planning
Wholesale Marketing
verlmo
2107 Wilson Boulevard
Arlington, V A 22201
Phone [phone]
Fax [phone]
jeffrey,masoner(g) verizon.com
June 23, 2003
Dayna Garvin
Senior Manager - Carrier Agreements
MCI WORLDCOM Communications , Inc.
2678 Bishop Drive , Suite 200
San Ramon, CA 94583
Re: Requested Adoption Under the FCC Merger Conditions
Dear Ms. Garvin:
Verizon Northwest Inc. ("Verizon ), a Washington corporation with its principal place of
business at 1800 41 st Street, Everett, W A 98201 , has received your letter stating that
pursuant to paragraph 31(a) of the BA/GTE Merger Conditions ("Merger Conditions
released by the FCC on June 16, 2000 in CC Docket No. 98-184, MCI WORLDCOM
Communications , Inc. ("MCIW"), a Delaware corporation with its principal place of
business at 22001 Loudoun County Parkway, Ashburn, VA 20147, wishes to provide
services to customers in Verizon s service territory in the State of Idaho by adopting the
voluntarily negotiated terms of the Interconnection Agreement between ICG Telecom
Group Inc. ("ICG") and Verizon California Inc., flkla 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 to operation of law (the "Verizon California Terms
I understand that MCIW has a copy of the Verizon California Terms which, in any case
are attached hereto as Appendix 1. Please note the following with respect to MCIW'
adoption of the Verizon California Terms.
By MCIW's countersignature on this letter, MCIW hereby represents and agrees
to the following four points:
MCIW-ill 252I31INTOW 051303.DOC
(A)
(B)
MCIW and Verizon agree to be bound by and adopt in the service territory
of Verizon, the Verizon California Terms, as they are in effect on the date
hereof after giving effect to operation of law, and in applying the Verizon
California Terms, agree that MCIW shall be substituted in place of ICG
Telecom Group Inc. and ICG in the Verizon California Terms wherever
appropriate.
Notice to MCIW and Verizon as may be required or permitted under the
Verizon California Terms shall be provided as follows:
To MCIW:
MCI WORLDCOM Communications, Inc.
Attention: Vice President -
National Carrier & Contract Management
5055 North Point Parkway
Alpharetta, GA 30022
Telephone number: 678/259-5456
Facsimile: 678/259-5446
Internet Address: Marcel.Henry(?Ymci.com
with a copy to each of:
MCI WORLDCOM Communications, Inc.
Attention: Chief Technology & Network Counsel
1133 19th Street, N.
Washington, DC 20036
Telephone Number: 202/736-6578
Facsimile: 202/736-6903
MCI WORLDCOM Communications, Inc.
Attention: Senior Manager - Carrier Agreements
2678 Bishop Drive, Suite 200
San Ramon, CA 94583
Telephone Number: 925/824-2078
Facsimile: 925/244-1334
Internet Address: Dayna.Garvin(?Ymci.com
MCI WORLDCOM Communications, Inc.
Attention: Counsel - Network & Facilities
22001 Loudoun County Parkway
Ashburn, VA 20147
Telephone Number: 703/886-5302
Facsimile: 703/886-4399
MCIW-ill 252I31INTOW 051303.DOC
To Verizon:
Director-Contract Performance & Administration
Verizon Wholesale Markets
600 Hidden Ridge, HQEWMNOTICES
Irving, TX 75038
Telephone Number: 972/718-5988
Facsimile Number: 972/719-1519
Internet Address: wmnotices (Q) verizon.com
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)MCIW 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.
(D)MCIW represents and warrants that, prior to its adoption of the Verizon
California Terms, MCIW and Verizon do not have and have not had in
force an interconnection agreement for the service territory of Verizon in
the State of Idaho.
MCIW's adoption of the Verizon California Terms shall become effective on
June 25, 2003. Verizon shall file this adoption letter with the Idaho Public
Utilities Commission ("Commission ) promptly upon receipt of an original of this
letter, countersigned by a duly authorized representative of MCIW. The term and
termination provisions of the ICGN erizon California agreement shall govern
MCIW's adoption of the Verizon California Terms. MCIW's adoption of the
Verizon California Terms is currently scheduled to expire on June 20, 2004.
As the Verizon California Terms are being adopted by MCIW pursuant to the
Merger Conditions , Verizon does not provide the Verizon California Terms to
MCIW as either a voluntary or 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 California Terms as a result of MCIW'
election pursuant to the Merger Conditions.
MCIW-ill 252I31INTOW 051303.DOC
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 251(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.1 Accordingly, compensation for Internet traffic -
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.3 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.
MCIW'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.
Section 252(a)(I). Verizon, however, does not oppose MCIW's adoption of the
Verizon California Terms at this time, subject to the following reservations and
exclusions:
1 Order on Remand and Report and Order, In the Matters of: Implementation of the Local Competition
Provisions in the Telecommunications Act of 1996 and Intercarrier Compensation for ISP-Bound Traffic
CC Docket No. 99-68 (reI. April 27 , 2001) FCC Remand Order 9(44 remanded, WorldCom, Inc.
FCC No. 01-1218 (D.c. Cir. May 3, 2002). Although the D.c. Circuit remanded the FCC 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).
2 For your convenience
, an industry letter distributed by Verizon explaining its plans to implement the FCC
Internet Order can be viewed at Verizon s Customer Support Website at URL www,verizon,comlwise
(select Verizon East Customer Support, Business Resources, Customer Documentation, Resources
Industry Letters, CLEC, May 21, 2001 Order on Remand).
See, e.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.Merger Conditions !)!32 (such adoptions
shall be made available "under the same rules that would apply to a request under 47 U.c. Section
252(i)"
FCC Remand Order !)!82,
MCIW-ID 252I3IINTOW051303.DOC
(A)
(B)
(C)
(D)
(E)
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 MCIW's adoption of the Verizon
California Terms. MCIW 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.
MCIW'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
is consistent with the laws and regulatory requirements of the State of
Idaho and with applicable collective bargaining agreements.
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.
Terms, conditions and prices contained in tariffs cited in the Verizon
California Terms shall not be considered negotiated and are excluded from
MCIW's adoption.
MCIW's adoption does not include any terms that were arbitrated in the
Verizon California Terms.
Verizon reserves the right to deny MCIW's adoption and/or application of the
Verizon California Terms , in whole or in part, at any time:
(A)
(B)
(C)
(D)
when the costs of providing the Verizon California Terms to MCIW are
greater than the costs of providing them to ICG;
if the provision of the Verizon California Terms to MCIW is not
technically feasible; and/or
if the Verizon California Terms were negotiated between ICG and Verizon
California on or before June 30, 2000; and/or
if Verizon otherwise is not obligated to permit such adoption and/or
application under the Merger Conditions or under applicable law.
MClW-ill 252I31INTOW 051303,DOC
Should MCIW attempt to apply the Verizon California Terms in a manner that
conflicts with paragraphs 3-6 above, Verizon reserves its rights to seek
appropriate legal and/or equitable relief.
In the event that a voluntary or involuntary petition has been or is in the future
filed against MCIW 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 "Insolvency
Proceeding ), then: (i) all rights of Verizon under such laws, including, without
limitation, all rights of Verizon under 11 U.c. ~ 366 , shall be preserved, and
MCIW's adoption of the Verizon California Terms shall in no way impair such
rights of Verizon; and (ii) all rights of MCIW resulting from MCIW'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 11 U.c. ~ 366. In the event that an interconnection agreement
between Verizon and MCIW is currently in force in the State of Idaho (the
Original ICA"), MCIW's adoption of the Terms (the "Amended and Restated
Interconnection Agreement") shall be an amendment and restatement of, and
replace in its entirety, the Original ICA. The Amended and Restated
Interconnection Agreement is not intended to be, nor shall it be construed to
create, a novation or accord and satisfaction with respect to the Original ICA. All
monetary obligations of the parties to one another under the Original ICA shall
remain in full force and effect and shall constitute monetary obligations of the
parties under the Amended and Restated Interconnection Agreement; provided
however, in the event that MCIW is currently a debtor in an Insolvency
Proceeding nothing contained herein shall convert any claim or debt that would
otherwise constitute a prepetition claim or debt in MCIW'Insolvency
Proceeding into a post-petition claim or debt.
MClW-ill 252I31INTOW 051303.DOC
SIGNATURE PAGE
Please arrange for a duly authorized representative of MCIW to sign this letter in the
space provided below and return it to Verizon.
Sincerely,
VERIZON NORTHWEST 1Nc.
(,~
J e fr oner
Vice President - Interconnection Services Policy & Planning
Reviewed and countersigned as to points A, B, C, and D of paragraph 1. MCIW
acknowledges Verizon s position statements of paragraphs 2 through 8 above ("Verizon
Statements of Position ), but MCIW (i) disagrees with them, (ii) reserves all rights to
dispute any and all of Verizon s Statements of Position, and (iii) asserts that Verizon
Statements of Position do not, and should not be used to, change or alter the underlying
Verizon California Terms adopted by MCIW. Further, MCIW reserves all rights it may
have under the Verizon California Terms or under applicable law to challenge any rates
attached hereto which have not been approved by order of the Idaho Commission.
MCI WORLDCOM CO
Marcel Henry
Title Vice-President, National Contract
and Carrier Management
Attachment
cc:Sherri D. Sebring - Verizon (w/out attachments)
Myra Neal- MCI (wi attachments)
MCIW-ID 252131INTOW 05 1303 ,DOC
APPENDIX 2
IDAHO
Ver.1.
Rates and Charges for Transportation and Termination of Traffic
Reciprocal Compensation Traffic Termination
Reciprocal Compensation Traffic End Office Rate: $0.0050687 per minute of
use.
Reciprocal Compensation Traffic Tandem Rate: $0.0070138 per minute of use.
The Tandem Transit Service Charge is $0.0018345 per minute of use.
Transit Service Billing Fee - Five (5) percent of the Tandem Transiting Charges
assessed during the billing period for traffic exchanged with the relevant third
party carrier.
Transit Service Trunking Charge - The rate for Dedicated DS1 Meet Point B
(Tandem) trunk port, as set forth in the Verizon FCC Interstate Tariff No. 14 for
the relevant third party carrier.
Entrance Facility and Transport for Interconnection Rates: See Intrastate Special
Access Tariff
1 All rates and charges specified herein are pertaining to the Interconnection Attachment of the Verizon California Terms.
Idaho 06/03/03
II.Prices for Unbundled Network Elements
Monthly Recurring Charges
Local Loop
2 Wire Analog Loop (inclusive of NID)
4 Wire Analog Loop (inclusive of NID)
2 Wire Digital Loop (inclusive of NID)
4 Wire Digital Loop (inclusive of NID)
DS-1 Loop
DS-3 Loop
45.
67.
45.
67.
160.
320.
26.
16.
26.
31.
45.
BFR
Supplemental Features:
ISDN-BRI Line Loop Extender
DS1 Clear Channel Capability
Sub-Loop
Wire Feeder
Wire Distribution
Wire Feeder
Wire Distribution
Wire Drop
Wire Drop
Inside Wire
Network Interface Device (leased separately)
Basic NID:
Complex (12 x) NID
Switching
Port
Basic Analog Line Side Port
Coin Line Side Port
ISDN BRI Digital Line Side Port
DS-1 Digital Trunk Side Port
ISDN PRI Digital Trunk Side Port
19.40
70.
227.
Usage Charges (must purchase Port)
Local Central Office Switching
(Overall Average MOU)
Common Shared Transport
Transport Facility (Average MOU/ALM)
Transport Termination (Average MOUrrerm)
Tandem Switching (Average MOU)
0050687
0000021
0001106
0017134
Terminating to Originating Ratio
3 In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC Docket No. 98-1840), Verizon
will offer limited duration promotional discounts on resold residential exchange access lines, The terms and conditions on which
these promotional discounts are being made available can be found on Verizon s web site, at http://www,qte.com/wise for former
GTE service areas and http://www.bell-atl.com/whoiesale/htmi/resources.htm for former Bell Atlantic service areas,
Idaho 06/03/03
Dedicated Transport Facilities
CLEC Dedicated Transport
COT 2 Wire
COT 4 Wire
COT DS1
COT DS3 Optical Interface
COT DS3 Electrical Interface
$ 33.
$ 53.
$ 300.
$ 1 312.
$ 1 750.
Interoffice Dedicated Transport
lOT DSO Transport Facility per ALM
lOT DSO Transport Termination
lOT DS1 Transport Facility per ALM
lOT DS1 Transport Termination
lOT DS3 Transport Facility per ALM
lOT DS3 Transport Termination
12.
45.
25.
234.
Multiplexing
DS1 to Voice Multiplexing
DS3 to DS1 Multiplexing
DS1 Clear Channel Capability
Unbundled Dark Fiber
194.
550.
26.
Unbundled Dark Fiber Loops/Sub-Loops
Dark Fiber Loop
Dark Fiber Sub-Loop - Feeder
Dark Fiber Sub-Loop - Distribution
67.
53.
13.
24.
TBD
Unbundled Dark Fiber Dedicated Transport
Dark Fiber lOT -Facility
Dark Fiber lOT -Termination
Intermediate Office Cross Connect
Idaho 06/03/03
UNE-P Pricing
MRCs. The MRC for a UNE-P will generally be equal to the sum of the MRCs for the combined
UNEs (e.g. the total of the UNE loop charge plus the UNE port charges in the Agreement (seeNote A) plus: UNE local switching (per minute originating usage plus T/O factor to determine
terminating minutes) based on UNE local switching rates in the Agreement plus UNE sharedtransport and tandem switching (based on factors for percent interoffice and tandem switchusage, plus assumed transport mileage of 10 miles and 2 terms) based on UNE shared transport
rates in the Agreement plus UNE Vertical Services charges (optional per line charges, if allowed
by the Agreement).
(Note A): UNE platforms are available in four loop/port configurations as shown below. If theprice for any component of these platforms is not set forth herein, Verizon will use the 1GB
process to determine the appropriate price and TBD pricing shall apply.
UNE Basic Analog Voice Grade Platform consists of the following components:
UNE 2-wire Analog loop; and
UNE Basic Analog Line Side port
UNE ISDN BRI Platform consists of the following components:
UNE 2-wire Digital loop; and
UNE ISDN BRI Digital Line Side port
UNE ISDN PRI Platform consists of the following components:
UNE DS1 loop; and
UNE ISDN PRI Digital Trunk Side port
UNE DS1 Platform consists of the following components:
UNE DS1 loop; and
UNE DS1 Digital Trunk Side port
NRCs
Optional NRCs will apply as ordered by the CLEC including such charges as Expedites,
Coordinated Conversions, loop Conditioning, etc.
Operator Services and Directory Assistance Services (OS/DA). If MCIW does not initially utilize
available customized routing services to re-route OS/DA calls to its own or another party
operator services platform , Verizon will bill the CLEC for OS/DA calls at a market-based 1GB rate
pending MCIW's completion of a separate OS/DA agreement.
EEL PricinQ
MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.g, UNE Loop, IDT, CDT, Multiplexing, & Clear
Channel Capability).
Idaho 06/03/03
NON-RECURRING CHARGES - LOOP, PORT AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
$166.$ 4.
Ordering and Provisioning
Loop:
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Office Connection
Outside Facility Connection (See Note 1)
$294.
$ 49.
$ 12.
$ 68.
NID:
ISO
Outside Facility Connection
$ 33.
$ 42.
Port:
ISO
Subsequent Service Order
Central Office Connection
$ 50.46
$ 25,
$ 12.21
Custom Handling
Manual Ordering Charge
Service Order Expedite:
Engineered Loop LSRs
All Other LSRs
$ 12.
$ 25.
$ 3.
Coordinated Conversions:
ISO
Central Office Connection
Outside Facility Connection
$ 17.
$ 10.$ 9.
Hot Coordinated Conversion First Hour:
ISO
Central Office Connection
Outside Facility Connection
$ 30.
$ 42.
$ 38.
Hot Coordinated Conversion per Additional Quarter Hour:
ISO
Central Office Connection
Outside Facility Connection
6.40
$ 10.$ 9.
Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment of a new
unbundled loop service.
Idaho 06/03/03
NON-RECURRING CHARGES - OTHER UNEs
rUNBUNDI..EDSUB~I..(jQB'
Exchange - FDI Feeder Interconnection - Initial
Exchange - FDI Feeder Interconnection - Subsequent
Exchange - FDI Distribution Interconnection - Initial
Exchange - FDI Distribution Interconnection - Subsequent
Exchange - Serving Terminal Interconnection - Initial
Exchange - Serving Terminal Interconnection - Subsequent
$ 36.
$ 15.
$ 36.
$ 15.
$ 36.
$ 15.
$ 26.
$ 11.
$ 26.
$ 11 .
$ 26.
$ 11 .
$ 46.
$ 16.
$ 61.
$ 16.
$ 28.
$ 13.
$ 24.
$ 7.
$ 30.$ 7.
$ 15.
6.41
Advanced - Service Inquiry Charge
Advanced - Interoffice Dedicated Transport - Initial
Advanced - Unbundled Loop - Initial
Advanced - Sub-Loop Feeder - Initial
Advanced - Sub-Loop Distribution - Initial
Intermediate Office Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
$405.
$ 64,
$ 64.
$ 64.
$ 64.
TBD
TBD
TBD
$405.
$ 64.
$ 64.
$ 64.
$ 64.
N/A
$267.
$261 .
$261.
$264.
N/A
$224.
$220.43
$220.43
$216.
EN HANCI; pEnl;f'J DE Pkl K IWITHIIiI ANUAL.;. Af'JP $ EM Hili EQ fiAN IZ 1$ g 0 P1f1 0 N 5);'
:~Cfgition'i l(jT~i1Cf!:;DT cl1~rges~pply ifapplicai)Ui.Jo. th~EE,~!~rrai1gelTle!lt). "
Advanced - Basic (2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire) - Subsequent
DS1/DS3 - Initial
DS1/DS3 - Subsequent
DS3 to DS1 Multiplexer
DS1 to DSO Multiplexer
$ 88.
$ 38.
$ 97.
$ 38.
N/A
N/A
$ 56.
$ 21.
$ 65.
$ 21 .
N/A
N/A
$12.
$ 12.
$12.
$ 12.
$450.
$800.
N/A
N/A
N/A
N/A
N/A
N/A
Ch~ngeoverCtiarge;'. (C:;ortversi6!1fromSpeCi~I!:\ccess
ot,:;r;r~hsp()~t.!i;!J~t~L " "L,,
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As Is)
Advanced - Complex (DS1 and above) Changeover (As Is)-
Additional MOG (Mass Order Generator) Only
$161.$99.$41.N/A
$7.$4,$41.N/A
$179.$117.$41.N/A
$7.$4.$41.N/A
Idaho 06/03/03
OO.F!CONDltiONU...iG4
(No 2h~rg~JC)rJpgl?sJ ()()QfE!E!t or h:!s$) c"i.".,
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
N/A
N/A
N/A
N/A
N/A
N/A
$318.
$249.
$568.
$ 34.
$ 34.
Q!-JEPLATFC)RM.
Exchange - Basic - Initial $ 31.$ 22.$ 28.$ 26.
Exchange - Basic - Subsequent $ 16.44 $ 13.
Exchange - Basic - Changeover $ 19.$ 15.
Exchange - Complex Non-Digital - Initial $ 41.$ 27.$162.41 $ 31.
Exchange - Complex Non-Digital - Subsequent (Port Feature)$ 16.44 $ 13.
Exchange - Complex Non-Digital - Subsequent (Switch $ 20.$ 13.$ 22.$ 22.
Feature Group)
Exchange - Complex Non-Digital - Changeover (As Is)$ 22.$ 17.
Exchange - Complex Non-Digital - Changeover (As Specified)$ 30.$ 21.$ 20.
Exchange - Complex Digital - Initial $ 41.$ 27.$205.$ 28.
Exchange - Complex Digital - Subsequent (Port Feature)$ 16.44 $ 13.
Exchange - Complex Digital - Subsequent (Switch Feature $ 20.$ 13.$ 22.$ 22.
Group)
Exchange - Complex Digital - Changeover (As Is)$ 22.$ 17.
Exchange - Complex Digital - Changeover (As Specified)$ 30.$ 21.$ 80.
Advanced - Complex - Initial $ 48.$ 34.$681 .$303,
Advanced - Complex - Subsequent $ 20.$ 13.$ 65.$ 48.47
Advanced - Complex - Changeover (As Is)$ 24.$ 19.$ 51.$ 34.
Advanced - Complex - Changeover (As Specified)$ 37.$ 28.$ 82.$ 64.
IN.TEB9FFICE~P~PICA.TE;DOCBAN~PORT(IDT
IQIp9ctJon of~~~~I..~rr~~g~mel'lt)."
" ,
Advanced - Basic(2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) - Initial
Advanced - Complex(DS1 and above) - Subsequent
~~!~ '
Entrance Facility/Dedicated Transport DSO - Initial $ 95.49
Entrance Facility/Dedicated Transport DSO - Subsequent $ 45.
Entrance Facility/Dedicated Transport DS1 /DS3 - Initial $105.
Entrance Facility/Dedicated Transport DS1/DS3 - Subsequent $ 45.Clear Channel Capability N/A
$ 63.
$ 28.
$ 72.
$ 28.
N/A
$390.
$ 58.
$515.
$ 86.
$90.
N/A
N/A
N/A
N/A
N/A
4 These charges are interim and subject to retroactive true back to the Effective Date of this adoption of the Verizon CaliforniaTerms.
Idaho 06/03/03
Facilities and Trunks - Initial $237.$205.$568.N/A
Facilities and Trunks - Subsequent (with Engineering Review)71.55.$213.N/A
Facilities and Trunks - Subsequent (w/o Engineering Review)71.55.67.N/A
Trunks Only - Initial $126.93.$505.41 N/A
Trunks Only - Subsequent (with Engineering Review)49.46 33.$202.N/A
Trunks Only - Subsequent (w/o Engineering Review)49.46 33.67.N/A
STP Ports (SS7 Links)$237.$205.$438.N/A
CUSTbMIZ~!5Rb~TI~G
EXPEDITESYi,
Exchange Products N/A N/A
Advanced Products 25.25.N/A N/A
OTHER
Customer Record Search (per account)N/A N/A
CLEC Account Establishment (per CLEC)$166.$166.N/A N/A
Design Change Charge - EELs and Transport $40.$40.N/A N/A
(I N E .SftAR 1 N'
q:';.:"
c I2E~() WN DSIj'LiTTE~.
;('
CLEC Splitter Connection - Initial 32.22.53.47.
CLEC Splitter Connection - Subsequent 13.14.49 13.
Idaho 06/03/03
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that MCIW
orders any service from the Verizon California Terms.
Customer Record Search applies when MCIW requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each LSR/ASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by the CLEC.
Advanced ISO applies per LSR/ASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSR/ASR when no engineering work activity is required to
complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same ISO.
Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer s needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution
Standard Sub-Loop Feeder, Drop and NID.
Exchange-Complex: Non-loaded Sub-Loop Distribution, Non-load Sub-Loop Feeder
Loop Conditioning, Customized Routing, ISDN BRI Digital Line Side Port and Line
Sharing.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber, EELs, and ISDN PAl Digital
Trunk Side Port
Conditioning applies in addition to the ISO , for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
Idaho 06/03/03
DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation
and grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to UNE-P and EEL orders when an existing retail, resale, or
special access service is already in place.
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to
determine the availability of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, IDT, CDT, Multiplexing and Clear Channel
Capability
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if MCIW requests service prior to the standard due date
intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if MCIW requests notification and coordination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if MCIW requests real-time coordination
of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by the CLEC.
Idaho 06/03/03
III.Rates and Charges for 911
See State Tariff.
Idaho 06/03/03
Appendix 1
AGREEMENT
by and between
ICG TELECOM GROUP, INC.
and
VERIZON CALIFORNIA INC.f/k/a GTE CALIFORNIA INCORPORATED
FOR THE STATE OF
CALIFORNIA
TABLE OF CONTENTS
AGREEMENT ..................................................................................................................................
The Agreement ..................................................................................................................
Term and Termination.. ....... ........................... ............. ............................ ........ ................. 1
Glossary and Attachments ............ ......... ..... ...........". ..... .................... ............ .......... ....... 2
Applicable Law.......
.......... ................................. ............. .....
....... ...... ......... ....... ........ ......... 2
Assignment........................................................................................................................
Assurance of Payment .....
........... .............. ..... ..,.. ........ .....
......... .......... .............. ........ ....... 3
Audits .................................................................................................................................
Authorization .....................................................................................................................
Billing and Payment; Disputed Amounts .......................................................................
10.Confidentiality ...................................................................................................................
11.Counterparts......................................................................................................................
12.Default ................................................................................................................................
13.Discontinuance of Service by ICG .................................................................................. 8
14.Dispute Resolution ........................................................................................................... 9
15.Force Majeure.. ............. ........... ............. .............. ....."... ................... ........ ........................ 10
16.Forecasts .........................................................................................................................
17.Fraud ................................................................................................................................
18.Good Faith Performance... .........
............ ............... ............ ..... ..........
................... ........... 10
19.Headings ..........................................................................................................................
20.Indemnification................................................................................................................
21.Insurance .........................................................................................................................
22.Intellectual Property... ............. .............. ........... ..... ....... ............ ..".... ............... ..... ..,........ 13
23.Joint Work Product ......
........................................ ................... .....
......... ......... ................. 14
24.Law Enforcement. ..
................................... ....... ............ ......... .......... ......
.......................... 14
25.Liability.............................................................................................................................
26.Network Management....... ..................... ................. ......." .................. .................. .....".... 16
27.Non-Exclusive Remedies.......... .........
.................. ................. ......... ..,......
""""""""""'" 17
28.Notice of Network Changes................... .............. .......... ........... ........... ....... ...... ....... ...... 17
29.Notices ....... ............... ........................................... ....... ........... ....................... ............. ...... 17
30.Ordering and Maintenance.... ................. .............. ..................... ........ ............................. 18
31.Performance Standards..................................................................................................
32.Point of Contact for ICG Customers .............................................................................
33.Predecessor Agreements...............................................................................................
34.Publicity and Use of Trademarks or Service Marks ....................................................
35.References .......................................................................................................................
36.Relationship of the Parties ........ .......... .............. ..... ........... ........ ..... ........... .......... ........... 20
37.Reservation of Rights.... .......
..... ......... .................... ......... ..... .....
.................. ............ ....... 21
38.Subcontractors................................................................................................................
39.Successors and Assigns
...................... ......... ............. ........ ....... .......
...... ............... ........ 22
40.Survival ............................................................................................................................
41.Taxes ................................................................................................................................
42.Technology Upgrades ....................................................................................................
43.Territory ...........................................................................................................................
44.Third Party Beneficiaries .................... ........ ................. ................ ............. ...................... 24
45.(Intentionally left blank). ......
............... ........ ................ ............... ............
......................... 24
46.252(i) Obligations ............................................................................................................ 24
47.Use of Service ..... ................. ...................... ............. ..... ........ ................ ............... ............ 25
48.Waiver...............................................................................................................................
49.Warranties........................................................................................................................
50.Withdrawal of Services .......... ........... .............. ....... .......... .............. .......... ........... ............ 26
GLOSSARY ...................................................................................................................................
General Rule.................. ...........
................... ..... ..... ..... ......... ...............
............................. 28
ADDITIONAL SERVICES ATTACHMENT ....................................................................................
Definitions........................................................................................................................
Alternate Billed Calls .............
............ ......." .......... .........
......................... ........................ 42
Dialing Parity - Section 251 (b )(3)........ ..... ............ ............. ............ ................ ................. 42
Directory Assistance (DA) and Operator Services ...................................................... 42
Directory Listing and Directory Distribution ................................................................ 42
Voice Information Services Traffic.. ....... .......... .............. ........... ......"... ........ ................. 44
Intercept and Referral Announcements. ....................... .................... ................ ............ 45
Originating Line Number Screening (OLNS) ................................................................ 45
Operations Support Systems (055) ........ .................... ................................ ................. 46
Poles, Ducts, Conduits and Rights-of-Way.................................................................. 52
10. Telephone Numbers........... ..............
.......... .......
.......................................... ......... .......,... 52
INTERCONN ECTION ATTACHMENT ........... .......................... ................. ...... .............." ..... ......... 54
General.............................................................................................................................
Methods of Interconnection and Trunk Types ............................................................. 54
Alternative Interconnection Arrangements ............... ........................ .................... ....... 61
Initiating Interconnection ...............................................................................................
Transmission and Routing of Telephone Exchange Service Traffic ......................... 62
Traffic Measurement and Billing over Interconnection Trunks ................................. 63
Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) ofthe Act.
Other Types of Traffic .......
.................... ..... ....... ............... ....... ......
........ ....... ......... .......... 67
Transmission and Routing of Exchange Access Traffic ............................................ 68
10. Meet-Point Bi lling Arrangements ... ................ ......... ................... .............. ..... ................ 69
11. Toll Free Service Access Code (e., 800/888/877) Traffic.......................................... 72
12. Tandem Transit Traffic ......
.......... ............ .........
............................. ................. .......... ...... 73
13. Number Resources, Rate Centers and Routing Points............................................... 74
14. Joint,Network Implementation and Grooming Process; and Installation,
Maintenance, Testing and Repai r........... ................. ............................ ....... ...........,....... 75
RESALE ATTACHMENT.... ....................... ..... ................ ........... ................. ....... ......... ................... 80
15. Number Portability - Section 251 (B)(2) ......................................................................... 76
iii
General.............................................................................................................................
NETWORK ELEMENTS ATTACHMENT ......................................................................................
General.............................................................................................................................
Verizon s Provision of UN Es............. .................. .............. ...... ........... ......... ............ ....... 82
Loop Transmission Types..............................................................................................
Line Sharing ....................................................................................................................
Line Splitting ...................................................................................................................
Sub-Loop .........................................................................................................................
Inside Wire .......................................................................................................................
Dark Fiber...................................................................................................................... 1
Network Interface Device ....".
..... ........ ..........
.............................. ................... ......... ..... 105
10.Unbundled Switching Elements .....
............ .............. .......... .........
....................... ......... 106
11.Unbundled Interoffice Facilities .................... .......... ................................ ....... ............. 107
12.Signaling Networks and Call-Related Databases ...................................................... 107
13.Operations Support Systems
............. ............. .....
............................. .......... ........ ........ 108
14.Availability of Other UNEs on an Unbundled Basis .................................................. 109
15.Maintenance of UN Es
........... ........ ....... ............. ..... ..............
.................... ............... ...... 110
16.Rates and Charges .....
..... ........... ..... ........... ............. .......... ........
................ ............... ..... 110
17.Combinations .....
.......... ..... ......... ................ ........
......................... ...... .............. ..........".. 110
COLLOCATION ATTACHMENT
...............................................................................................
111
Verizon s Provision of Collocation...... ................. ............ .......................... ................. 111
911 ATTACHMENT..... ......... ......... ......... .......
....... .......... ......... ..... ............... ........
........................ 112
ICG's Provision of Collocation..................
........ ............ .......
............................. .......... 111
911/E-911 Arrangements......... ........... ................................. ........... .............................. 112
Electronic Interface.. ............. ................................. ....... .............. ..........." ....... .............. 112
911 ,Interconnection..... ........
............................... ......... .............. .....
............ .................. 113
911 Facilities................... ...................... .............. ......... ................ ..................... ............. 113
Local Number Portability for use with 911 ................................................................. 113
PSAP Coordination ...........
...... ........ .......
..........". ............. ...... ......... ............ .................. 113
911 Compensation ...........
....................... ...................... ........ ............., ........
....... ........... 113
911 Rules and Regulations .......
........... ...... ...... ................ ......".... ......".......... ..............
113
PRICING ATTACHMENT............... ................. ............ ........................... ........... ...... ......... ........... 114
General......... ................. .....
....... ................... ........ ....... .."... .....
................... ......... ........... 114
Verizon Telecommunications Services Provided to ICG for Resale Pursuant to the
Resale Attachment........................................................................................................114
ICG Prices .......... ..........
..... ...... ..... .............. ..... ..... ....,.. ......... ..... ........ .............
.............". 116
Section 271 .................................................................................................................... 116
Regulatory Review of Prices.... ................ ......" ............. ....................... ........................ 116
APPENDIX A TO THE PRICING ATTACHMENT ....................................................................... 117
AGREEMENT
PREFACE
This Agreement ("Agreement") is made by and between ICG Telecom Group, Inc, (ICG), a
corporation organized under the laws of the State of Colorado, with offices at 161 Inverness
Drive, Englewood, CO. 80112 , and Verizon California, Inc. flk/a GTE California Incorporated
Verizon ), a corporation organized under the laws of the State of California, with offices at One
Verizon Place, Thousand Oaks, CA 91362. (ICG and Verizon may be referred to hereinafter
each individually, as a "Party," and, collectively, as the "Parties
In consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, Verizon and ICG hereby agree as follows:
GENERAL TERMS AND CONDITIONS
The Agreement
This Agreement consists of the Principal Document.
This Agreement will govern any Interconnection arrangement, Network Element,
Telecommunications Service, Collocation arrangement, or other service, facility,
or arrangement, that a Party orders pursuant to the Agreement.
Either Party ("Party A") may, at its sole discretion , purchase any Interconnection
arrangement, Network Element, Telecommunications Service, Collocation
arrangement, or other service, facility, or arrangement, that the other Party
Party B"), under a Tariff of Party B, makes available to Party A. In such
instance, the applicable Tariff of Party B will govern any Interconnection
arrangement, Network Element, Telecommunications Service, Collocation
arrangement, or other service, facility or arrangement, that Party A orders
pursuant to Party B's Tariff.
1.4 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject matter hereof.
Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. Notwithstanding anything in the Principal Document, subject to the
requirements of Applicable Law, a Party shall have the right to add, modify, or
withdraw, its Tariff(s) at any time, without the consent of, or notice to, the other
Party.
Term and Termination
This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
until June 20, 2004 (the "Initial Term ). Thereafter, this Agreement shall continue
in force and effect unless and until cancelled or terminated as provided in this
Agreement.
Either ICG or Verizon may terminate this Agreement effective upon the expiration
of the Initial Term or effective upon any date after expiration of the Initial Term by
providing written notice of termination at least ninety (90) days in advance of the
date of termination.
2.4
If either ICG or Verizon provides notice of termination pursuant to Section 2.
and on or before the proposed date of termination either ICG or Verizon has
requested negotiation of a new interconnection agreement, unless this
Agreement is cancelled or terminated earlier in accordance with the terms hereof
(including, but not limited to, pursuant to Section 12), this Agreement shall
remain in effect until the earlier of: (a) the effective date of a new interconnection
agreement between ICG and Verizon; or, (b) the date one (1) year after the
proposed date of termination.
If either ICG or Verizon provides notice of termination pursuant to Section 2.
and by 11 :59 PM Eastern Time on the proposed date of termination neither ICG
nor Verizon has requested negotiation of a new interconnection agreement, (a)
this Agreement will terminate at 11 :59 PM Eastern Time on the proposed date of
termination, and (b) the Services being provided under this Agreement at the
time of termination will be terminated, except to the extent that the Purchasing
Party has requested that such Services continue to be provided pursuant to an
applicable Tariff or SGAT.
Glossary and Attachments
The Glossary and the following Attachments and Appendix are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
UNE Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
Appendix A to the Pricing Attachment
Applicable Law
The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
State of California, without regard to its conflicts of laws rules. All disputes
relating to this Agreement shall be resolved through the application of such laws,
Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or official.
Each Party shall promptly notify the other Party in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Party s ability to perform its obligations under this Agreement.
4.4
If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceability shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall
be construed as if it did not contain such invalid or unenforceable provision;
provided, that if the invalid or unenforceable provision is a material provision of
this Agreement, or the invalidity or unenforceability materially affects the rights or
obligations of a Party hereunder or the ability of a Party to perform any material
provision of this Agreement, the Parties shall promptly renegotiate in good faith
and amend in writing this Agreement in order to make such mutually acceptable
revisions to this Agreement as may be required in order to conform the
Agreement to Applicable Law.
If any legislative, regulatory, judicial or other governmental decision, order,
determination or action, or any change in Applicable Law, materially affects any
material provision of this Agreement, the rights or obligations of a Party
hereunder, or the ability of a Party to perform any material provision of this
Agreement, the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law.
Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order
determination or action, or any change in Applicable Law, Verizon is not required
by Applicable Law to provide any Service, payment or benefit, otherwise required
to be provided to ICG hereunder, then Verizon may discontinue the provision of
any such Service, payment or benefit. Verizon will provide sixty (60) days prior
written notice to ICG of any such discontinuance of a Service, unless a different
notice period or different conditions are specified in this Agreement (including,
but not limited to, in an applicable Tariff) or Applicable Law for termination of
such Service in which event such specified period and/or conditions shall apply.
Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
Assurance of Payment
Upon request by Verizon, ICG shall provide to Verizon , in accordance with
Sections 6.2 through 6.9 below, 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 ICG (a) in
Verizon s reasonable judgment, at the Effective Date or at any time thereafter
does not have established credit with Verizon, (b) in Verizon s reasonable
judgment, at the Effective Date or at any time thereafter, is unable to
demonstrate that it is creditworthy, (c) fails to timely pay a bill rendered to ICG by
Verizon, or (d) admits its inability to pay its debts as such debts become due , has
commenced a voluntary case (or has had a case commenced against it) under
the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency,
reorganization, winding-up, composition or adjustment of debts or the like, has
made an assignment for the benefit of creditors or is subject to a receivership or
similar proceeding.
Unless otherwise agreed by the Parties, the assurance of payment shall , at
Verizon s option, consist of (a) a cash security deposit in U.S, dollars held by
Verizon, or, (b) an unconditional, irrevocable standby letter of credit naming
Verizon as the beneficiary thereof and otherwise in form and substance
6.4
satisfactory to Verizon from a financial institution acceptable to Verizon. The cash
security deposit or letter of credit shall be in an amount equal to two (2) months
anticipated charges (including, but not limited to, both recurring and non-
recurring charges), as reasonably determined by Verizon, for the Services to be
provided by Verizon to ICG in connection with this Agreement.
To the extent that Verizon elects to require a cash deposit, the Parties intend that
the provision of such deposit shall constitute the grant of a security interest in the
deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any
relevant jurisdiction.
If payment of interest on a cash deposit is required by an applicable Verizon
Tariff or by Applicable Law, interest will be paid on any such cash deposit held by
Verizon at the higher of the interest rate stated in such Tariff or the interest rate
required by Applicable Law.
Verizon may (but is not obligated to) draw on the letter of credit or cash deposit,
as applicable, upon notice to ICG in respect of any amounts to be paid by ICG
hereunder that are not paid within thirty (30) days of the date that payment of
such amounts is required by this Agreement; provided that, if within five (5) days
after receiving Verizon s notice ICG gives notice to Verizon pursuant to Section
14 of the General Terms and Conditions that ICG denies that it is obligated to
pay an amount claimed by Verizon, Verizon will not draw on the letter of credit or
cash deposit to pay such amount for a period of thirty (30) days following
Verizon s receipt of such notice from ICG.
If Verizon draws on the letter of credit or cash deposit, upon request by Verizon
ICG shall provide a replacement or supplemental letter of credit or cash deposit
conforming to the requirements of Section 6.
Notwithstanding anything else set forth in this Agreement, if Verizon makes a
request for assurance of payment in accordance with the terms of this Section 6
and ICG fails to provide such assurance of payment within thirty (30) days after it
is requested, then Verizon shall have no obligation thereafter to perform under
this Agreement until such time as ICG has provided Verizon with such assurance
of payment.
The fact that a deposit or a letter of credit is requested by Verizon hereunder
shall in no way relieve ICG from compliance with the requirements of this
Agreement (including, but not limited to, any applicable Tariffs) as to advance
payments and payment for Services, nor constitute a waiver or modification of
the terms herein pertaining to the discontinuance of Services for nonpayment of
any amounts payment of which is required by this Agreement.
Audits
Except as may be otherwise specifically provided in this Agreement, either Party
Auditing Party") may audit the other Party's ("Audited Party") books, records,
documents, facilities and systems for the purpose of evaluating the accuracy of
the Audited Party s bills. Such audits may be performed once in each Calendar
Year; provided, however, that audits may be conducted more frequently (but no
more frequently than once in each Calendar Quarter) if the immediately
preceding audit found previously uncorrected net inaccuracies in billing in favor
of the Audited Party having an aggregate value of at least $1 ,000,000.
The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party. The accountants shall be reasonably
7.4
acceptable to the Audited Party. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Party in a form reasonably
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Party
may require that the audit commence no later than sixty (60) days after the
Auditing Party has given notice of the audit to the Audited Party.
Each Party shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party's bills.
Audits shall be performed at the Auditing Party s expense, provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party's bills.
Authorization
Verizon represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of California and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
ICG represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Colorado, and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
ICG Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to perform under this Agreement until such time as ICG has obtained
such FCC and Commission authorization as may be required by Applicable Law
for conducting business in California. ICG shall not place any orders under this
Agreement until it has obtained such authorization. ICG shall provide proof of
such authorization to Verizon upon request.
Billing and Payment; Disputed Amounts
Except as otherwise provided in this Agreement, each Party shall submit to the
other Party on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
Except as otherwise provided in this Agreement, payment of amounts billed for
Services provided under this Agreement, whether billed on a monthly basis or as
otherwise provided in this Agreement, shall be due, in immediately available U.
funds , on the later of the following dates (the "Due Date ): (a) the due date
specified on the billing Party s statement; or, (b) twenty (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electronic funds transfer.
If any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties, the billed Party shall give notice to the
billing Party of the amounts it disputes ("Disputed Amounts ) and include in such
notice the specific details and reasons for disputing each item. A Party may also
dispute prospectively with a single notice a class of charges that it disputes. A
9.4
Party may give notice of a dispute at any time, either before or after an amount is
paid, and a Party's payment of an amount shall not constitute a waiver of such
Party's right to subsequently dispute its obligation to pay such amount or to seek
a refund of any amount paid. The billed Party shall pay by the Due Date all
undisputed amounts. Billing disputes shall be subject to the terms of Section 14
Dispute Resolution,
Charges due to the billing Party that are not paid by the Due Date shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1,5%) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Party under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due, the billed Party shall not be
entitled to dispute the billing Party s statement(s) based on the billing Party
failure to submit them in a timely fashion.
10.
Confidentiality10.
As used in this Section 10, "Confidential Information" means the following
information that is disclosed by one Party ("Disclosing Party") to the other Party
Receiving Party") in connection with , or anticipation of, this Agreement:
10.Books, records, documents and other information disclosed in an audit
pursuant to Section 7;
Any forecasting information provided pursuant to this Agreement.10.
10.Customer Information (except to the extent that (a) the Customer
information is published in a directory, (b) the Customer information is
disclosed through or in the course of furnishing a Telecommunications
Service, such as a Directory Assistance Service, Operator Service,
Caller ID or similar service, or LlDB service, or, (c) the Customer to
whom the Customer Information is related has authorized the
Receiving Party to use and/or disclose the Customer Information);
information related to specific facilities or equipment
(including, but not limited to, cable and pair information);
10.any information that is in written, graphic, electromagnetic
or other tangible form , and marked at the time of disclosure
as "Confidential" or "Proprietary;" and
10.
any information that is communicated orally or visually and
declared to the Receiving Party at the time of disclosure,
and by written notice with a statement of the information
given to the Receiving Party within ten (10) days after
disclosure, to be "Confidential or "Proprietary
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
10.
10.
10,
10.4
as Confidential Information pursuant to Sections 10.1 or 10.
Except as otherwise provided in this Agreement, the Receiving Party shall:
10.use the Confidential Information received from the Disclosing Party
only in performance of this Agreement; and
using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential Information received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party'
Affiliates and the directors, officers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confidential Information in order to
perform the Receiving Party s obligations under this Agreement. The
Receiving Party's Affiliates and the directors, officers, employees
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates, shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
Receiving Party. The Receiving Party shall be liable for any failure of
the Receiving Party's Affiliates or the directors, officers, employees,
Agents or contractors of the Receiving Party or the Receiving Party
Affiliates, to comply with the provisions of this Section 10,
The Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only,
10.
Unless otherwise agreed, the obligations of Sections 10,2 and 10.3 do not apply
to information that:
10.4.was, at the time of receipt, already in the possession of or known to the
Receiving Party free of any obligation of confidentiality and restriction
on use;
10.4.is or becomes publicly available or known through no wrongful act of
the Receiving Party, the Receiving Party's Affiliates, or the directors,
officers, employees, Agents or contractors of the Receiving Party or
the Receiving Party s Affiliates;
10.4,is rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;
10.4.4
10.4.5
is independently developed by the Receiving Party;
is approved for disclosure or use by written authorization of the
Disclosing Party (including, but not limited to, in this Agreement); or
10.4.is required to be disclosed by the Receiving Party pursuant to
Applicable Law, provided that the Receiving Party shall have made
commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Party in order to enable the Disclosing
Party to seek protective arrangements,
10.Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Party may use and disclose Confidential Information received from the Disclosing
Party to the extent necessary to enforce the Receiving Party s rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.The Disclosing Party shall retain all of the Disclosing Party's right, title and
interest in any Confidential Information disclosed by the Disclosing Party to the
Receiving Party. Except as otherwise expressly provided in this Agreement, no
license is granted by this Agreement with respect to any Confidential Information
(including, but not limited to, under any patent, trademark or copyright), nor is
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
10.The provisions of this Section 10 shall be in addition to and not in derogation of
any provisions of Applicable Law, including, but not limited to , 47 U.C. 9222
and are not intended to constitute a waiver by a Party of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
Each Party's obligations under this Section 10 shall survive expiration
cancellation or termination of this Agreement.
10.
11.Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12.Default
If either Party ("Defaulting Party ) fails to make a payment required by this Agreement or
materially breaches any other material provision of this Agreement, and such failure or
breach remains uncured for thirty (30) days after written notice thereof from the other
Party, the other Party may, by written notice to the Defaulting Party, (a) suspend the
provision of any or all Services hereunder, or (b) cancel this Agreement and terminate the
provision of all Services hereunder; provided, however, that the Defaulting Party may
during such thirty (30) day period initiate dispute resolution procedures pursuant to
Section 14 of these General Terms and Conditions. The Defaulting Party may initiate
such dispute resolution procedures only if a good faith dispute exists and, if a good faith
dispute does not exist, the other Party may at any time terminate negotiations initiated
pursuant to Section 14 or move to terminate a dispute resolution proceeding initiated
pursuant to Section 14.
13.Discontinuance of Service by ICG
13.If ICG proposes to discontinue, or actually discontinues, its provision of service to
all or substantially all of its Customers, whether voluntarily, as a result of
bankruptcy, or for any other reason , ICG shall comply with Applicable Law
regarding discontinuance of its provision of service (including, but not limited to,
13.
any requirements of Applicable Law with regard to giving advance notice to
Verizon, ICG's Customers and the Commission of ICG's intent to discontinue
provision of service). In addition, to the extent commercially practicable, ICG
shall give Verizon, ICG's Customers, and the Commission, written notice of
ICG's intent to discontinue provision of service, at least thirty (30) prior to the
date that service is discontinued.
If ICG discontinues provision of service, or gives notice of an intent to discontinue
service, and an ICG Customer requests Verizon to provide service to the
Customer, upon request by Verizon, ICG shall provide Verizon with all
information necessary for Verizon to establish service for the ICG Customer
including, but not limited to, the CLEC Customer s billed name, listed name,
service address, and billing address, and the services being provided to the ICG
Customer.
Nothing in this Section 13 shall limit any right Verizon may have to cancel or
terminate this Agreement or suspend provision of Services under this
Agreement.
Dispute Resolution
13.
14.
14.
14.
14.
Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Party must provide to the other Party written notice of the
dispute, pursuant to Section 29 of the General Terms and Conditions, that
includes both a detailed description of the dispute or alleged nonperformance
and the name of an individual who will serve as the initiating Party'
representative in the negotiation. The other Party shall have ten Business Days
to designate its own representative in the negotiation. The Parties
representatives shall meet at least once within thirty (30) days after the date of
the initiating Party s written notice in an attempt to reach a good faith resolution
of the dispute. Upon agreement, the Parties' representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
If the Parties have been unable to resolve the dispute within thirty (30) days of
the date of the initiating Party's written notice, either Party may pursue any
remedies available to it under this Agreement, at law, in equity, or otherwise,
including, but not limited to, instituting an appropriate proceeding before the
Commission, the FCC , or a court of competent jurisdiction. In addition , the
Parties may mutually agree to submit a dispute to resolution through arbitration
before the American Arbitration Association; provided that, neither Party shall
have any obligation to agree to such arbitration and either Party may in its sole
discretion decline to agree to submit a dispute to such arbitration.
If a Party (Party A) gives written notice to the other Party (Party B) pursuant to
Section 14.1 above that Party A denies that it is obligated to pay an amount
claimed by Party B, then, (a) for a period of forty-five (45) days following Party
s receipt of such notice, Party B shall not terminate this Agreement or suspend
its provision of Services to Party A, due to Party A's failure to pay such amount
and, (b) if a proceeding with regard to whether the amount claimed by Party B is
due to Party B has been initiated by Party A before the Commission, the FCC, or
a court of competent jurisdiction , during the period that such proceeding is
pending, except as otherwise permitted by the Commission , the FCC, or a court
of competent jurisdiction, Party B shall not terminate this Agreement or suspend
its provision of Services to Party A, due to Party A's failure to pay such amount.
15.Force Majeure
15.Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events
whether or not foreseeable by such Party. Such Force Majeure Events include
but are not limited to, adverse weather conditions, flood , fire, explosion
earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil
commotion, act of public enemies, labor unrest (including, but not limited to,
strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain
equipment, parts, software or repairs thereof, acts or omissions of the other
Party, and acts of God.
15,If a Force Majeure Event occurs , the non-performing Party shall give prompt
notification of its inability to perform to the other Party. During the period that the
non-performing Party is unable to perform, the other Party shall also be excused
from performance of its obligations to the extent such obligations are reciprocal
to, or depend upon, the performance of the non-performing Party that has been
prevented by the Force Majeure Event. The non-performing Party shall use
commercially reasonable efforts to avoid or remove the cause(s) of its non-
performance and both Parties shall proceed to perform once the cause(s) are
removed or cease,
15.Notwithstanding the provisions of Sections 15.1 and 15., in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion
determines appropriate.
15.4
16.Forecasts
In addition to any other forecasts required by this Agreement, upon request by Verizon, to
the extent commercially practicable, ICG shall provide to Verizon forecasts regarding the
Services that ICG expects to purchase from Verizon, including, but not limited to
forecasts regarding the types and volumes of Services that ICG expects to purchase and
the locations where such Services will be purchased. Any such forecast that Verizon
may request that is not expressly provided for in this Agreement shall not be due sooner
than sixty (60) days after Verizon has requested such forecast.
17.Fraud
The Parties shall work cooperatively in a commercially reasonable manner to minimize
and to investigate fraud associated with third number billed calls, calling card calls, and
other services related to this Agreement; provided that, nothing in this section shall
require a Party (a) to deploy new systems or facilities or (b) to take action with regard to
minimizing or investigating fraud beyond that which it regularly provides at no charge to
Telecommunications Carriers who are not parties to this Agreement.
18.Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
19.
conditioned or delayed.
Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20.Indemnification
20.Each Party ("Indemnifying Party") shall indemnify, defend and hold harmless the
other Party ("Indemnified Party"), the Indemnified Party s Affiliates, and the
directors, officers and employees of the Indemnified Party and the Indemnified
Party s Affiliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal property of any person, to the extent such injury, death,
damage, destruction or loss, was proximately caused by the negligent or
intentionally wrongful acts or omissions of the Indemnifying Party, the
Indemnifying Party s Affiliates, or the directors, officers, employees, agents or
contractors (excluding the Indemnified Party) of the Indemnifying Party or the
Indemnifying Party s Affiliates, in connection with this Agreement.
20,Indemnification Process:
20.As used in this Section 20, "Indemnified Person" means a person
whom an Indemnifying Party is obligated to indemnify, defend and/or
hold harmless under Section 20.
20,An Indemnifying Party s obligations under Section 20.1 shall be
conditioned upon the following:
The Indemnified Person: (a) shall give the Indemnifying Party notice of
the Claim promptly after becoming aware thereof (including a
statement of facts known to the Indemnified Person related to the
Claim and an estimate of the amount thereof); (b) prior to taking any
material action with respect to a Third Party Claim , shall consult with
the Indemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
consent of the Indemnifying Party; (d) shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including, except
as provided below, the compromise or settlement thereof) at the
Indemnifying Party's own cost and expense, provided, however, that
the Indemnified Person shall have the right to approve the
Indemnifying Party s choice of legal counsel.
20.
20.2.4 If the Indemnified Person fails to comply with Section 20.1 with
respect to a Claim, to the extent such failure shall have a material
adverse effect upon the Indemnifying Party, the Indemnifying Party
shall be relieved of its obligation to indemnify, defend and hold
harmless the Indemnified Person with respect to such Claim under this
Agreement.
20,Subject to 20.6 and 20.7, below, the Indemnifying Party shall have
the authority to defend and settle any Third Party Claim.
21.
20.
20.4
20.With respect to any Third Party Claim, the Indemnified Person shall be
entitled to participate with the Indemnifying Party in the defense of the
Claim if the Claim requests equitable relief or other relief that could
affect the rights of the Indemnified Person. In so participating, the
Indemnified Person shall be entitled to employ separate counsel for
the defense at the Indemnified Person s expense. The Indemnified
Person shall also be entitled to participate, at its own expense, in the
defense of any Claim, as to any portion of the Claim as to which it is
not entitled to be indemnified, defended and held harmless by the
Indemnifying Party.
In no event shall the Indemnifying Party settle a Third Party Claim or
consent to any judgment with regard to a Third Party Claim without the
prior written consent of the Indemnified Party, which shall not be
unreasonably withheld, conditioned or delayed. In the event the
settlement or judgment requires a contribution from or affects the
rights of an Indemnified Person, the Indemnified Person shall have the
right to refuse such settlement or judgment with respect to itself and,
at its own cost and expense, take over the defense against the Third
Party Claim, provided that in such event the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify or hold
harmless the Indemnified Person against, the Third Party Claim for
any amount in excess of such refused settlement or judgment.
20.
20.The Indemnified Person shall , in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
20.The Indemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
Each Party agrees that it will not implead or bring any action against the other
Party, the other Party's Affiliates, or any of the directors, officers or employees of
the other Party or the other Party's Affiliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Party or the other Party s Affiliate and that arises out of
performance of this Agreement.
Each Party's obligations under this Section 20 shall survive expiration
cancellation or termination of this Agreement.
Insurance
21.ICG shall maintain during the term of this Agreement and for a period of two
years thereafter all insurance and/or bonds required to satisfy its obligations
under this Agreement (including, but not limited to, its obligations set forth in
Section 20 hereof) and all insurance and/or bonds required by Applicable Law.
The insurance and/or bonds shall be obtained from an insurer having an A.
Best insurance rating of at least A-, financial size category VII or greater. At a
minimum and without limiting the foregoing undertaking, ICG shall maintain the
following insurance:
21,Commercial General Liability Insurance, on an occurrence basis,
including but not limited to, premises-operations, broad form property
damage, products/completed operations, contractual liability,
21.
21.
21.4
21.
21.
21.
22.
21.
independent contractors, and personal injury, with limits of at least
000,000 combined single limit for each occurrence.
Motor Vehicle Liability, Comprehensive Form , covering all owned,
hired and non-owned vehicles, with limits of at least $2 000,000
combined single limit for each occurrence.
21.Excess Liability, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
Worker s Compensation Insurance as required by Applicable Law and
Employer s Liability Insurance with limits of not less than $2 000,000
per occurrence.
21,1.4
All risk property insurance on a full replacement cost basis for all of
ICG's real and personal property located at any Collocation site or
otherwise located on or in any Verizon premises (whether owned,
leased or otherwise occupied by Verizon), facility, equipment or right-
of-way.
Any deductibles, self-insured retentions or loss limits ("Retentions ) for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Verizon pursuant to Sections 21.4 and 21., and Verizon reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibility of ICG.
21.
ICG shall name Verizon, Verizon s Affiliates and the directors, officers and
employees of Verizon and Verizon s Affiliates, as additional insureds on the
foregoing insurance.
ICG shall , within two (2) weeks of the Effective Date hereof, on a semi-annual
basis thereafter, and at such other times as Verizon may reasonably specify,
furnish certificates or other proof of the foregoing insurance reasonably
acceptable to Verizon. The certificates or other proof of the foregoing insurance
shall be sent to: Director-Contract Performance & Administration, Verizon
Wholesale Markets, 600 Hidden Ridge, Irving. TX 75038.
ICG shall require its contractors, if any, that may enter upon the premises or
access the facilities or equipment of Verizon or Verizon s affiliated companies to
maintain insurance in accordance with Sections 21.1 through 21.3 and, if
requested, to furnish Verizon certificates or other adequate proof of such
insurance acceptable to Verizon in accordance with Section 21.4.
If ICG or ICG's contractors fail to maintain insurance as required in Sections 21.
through 21.5, above, Verizon may purchase such insurance and ICG shall
reimburse Verizon for the cost of the insurance.
Certificates furnished by ICG or ICG's contractors shall contain a clause stating:
Verizon California, Inc. flk/a GTE California Incorporated shall be notified in
writing at least thirty (30) days prior to cancellation of, or any material change in
the insurance.
Intellectual Property
22.Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual property,
22.
22.
22.4
now or hereafter owned, controlled or licensable by either Party. Except as
expressly stated in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
Except as stated in Section 22.4, neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHAll NOT GIVE RISE TO A CLAIM OF INFRINGEMENT
MISUSE, OR MISAPPROPRIATION OF ANY INTEllECTUAL PROPERTY
RIGHT.
ICG agrees that the Services provided by Verizon hereunder shall be subject to
the terms, conditions and restrictions contained in any applicable agreements
(including, but not limited to software or other intellectual property license
agreements) between Verizon and Verizon s vendors. Verizon agrees to advise
ICG, directly or through a third party, of any such terms, conditions or restrictions
that may limit any ICG use of a Service provided by Verizon that is otherwise
permitted by this Agreement. At ICG's written request, to the extent required by
Applicable law, Verizon will use Verizon s best efforts, as commercially
practicable, to obtain intellectual property rights from Verizon s vendor to allow
ICG to use the Service in the same manner as Verizon that are coextensive with
Verizon s intellectual property rights, on terms and conditions that are equal in
quality to the terms and conditions under which Verizon has obtained Verizon
intellectual property rights. ICG shall reimburse Verizon for the cost of obtaining
such rights.
23.Joint Work Product
The Principal Document is the joint work product of the Parties, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. In the event of
any ambiguities, no inferences shall be drawn against either Party.
24.Law Enforcement.
24,Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable law in matters
related to Services provided by it under this Agreement, including, but not limited
, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilities and equipment, and dialed number recording facilities and equipment.
25.
24.2
24.
Liability
25.
25.
25.
25.4
A Party shall not have the obligation to inform the other Party or the Customers
of the other Party of actions taken in cooperating with law enforcement or
national security authorities, except to the extent required by Applicable Law.
Where a law enforcement or national security request relates to the
establishment of lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Party may act to prevent the other Party
from obtaining access to information concerning such lines, services, facilities
and arrangements, through operations support system interfaces.
As used in this Section 25, "Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
Except as otherwise stated in Section 25., the liability, if any, of a Party, a
Party's Affiliates, and the directors, officers and employees of a Party and a
Party s Affiliates, to the other Party, the other Party s Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
Except as otherwise stated in Section 25,5, a Party, a Party's Affiliates, and the
directors, officers and employees of a Party and a Party s Affiliates, shall not be
liable to the other Party, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental , consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibility of such damages.
The limitations and exclusions of liability stated in Sections 25.1 through 25.
shall apply regardless of the form of a claim or action, whether statutory, in
contract, warranty, strict liability, tort (including, but not limited to, negligence of a
Party), or otherwise.
25.Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability:
25.
25.
under Sections 20, Indemnification or 41 , Taxes.
25.
for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
for damages arising out of or resulting from bodily injury to or death of
any person, or damage to, or destruction or loss of, tangible real
and/or personal property of any person, or Toxic or Hazardous
Substances, to the extent such damages are otherwise recoverable
under Applicable Law;
25,5.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
25.
25.
25,under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Commission.
In the event that the liability of a Party, a Party's Affiliate, or a director, officer or
employee of a Party or a Party s Affiliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liability of the Party or
other person shall be limited to the smaller of the amounts for which such Party
or other person would be liable under this Section or the Tariff provision.
25.
Each Party shall , in its tariffs and other contracts with its Customers, provide that
in no case shall the other Party, the other Party's Affiliates, or the directors,
officers or employees of the other Party or the other Party s Affiliates, be liable to
such Customers or other third-persons for any special, indirect, incidental
consequential, reliance, exemplary, punitive or other damages, arising out of a
Service Failure.
26,
Network Management26.
26.
Cooperation. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. ICG and Verizon will exchange
appropriate information (e,network information, maintenance contact
numbers, escalation procedures, and information required to comply with
requirements of law enforcement and national security agencies) to achieve this
desired reliability, In addition, the Parties will work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffic congestion and to minimize fraud associated with
third number billed calls, calling card calls, and other services related to this
Agreement.
Responsibility for Following Standards.Each Party recognizes a responsibility to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service, network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
26,Interference or Impairment.If a Party ("Impaired Party ) reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
("Interfering Party ) will or are likely to interfere with or impair the Impaired Party'
provision of services or the operation of the Impaired Party's network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.Except in emergency situations (e.g., situations involving a risk of
bodily injury to persons or damage to tangible property, or an
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Party shall have given the Interfering Party at
least ten (10) days' prior written notice of the interference or
impairment or potential interference or impairment and the need to
correct the condition within said time period; and,
26.Upon correction of the interference or impairment, the Impaired Party
will promptly restore the interrupted or suspended Service. The
Impaired Party shall not be obligated to provide an out-of-service
27.
28.
26.4
credit allowance or other compensation to the Interfering Party in
connection with the suspended Service.
Outage Repair Standard . In the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Verizon
standard procedures for isolating and clearing the outage or trouble.
Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
Notice of Network Changes
If a Party makes a change in the information necessary for the transmission and routing
of services using that Party s facilities or network, or any other change in its facilities or
network that will materially affect the interoperability of its facilities or network with the
other Party s facilities or network, the Party making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
noticEH)f a change is required by Applicable Law (including, but not limited to, 47 CFR ss
51,325 through 51.335) notice shall be given at the time required by Applicable Law.
29.Notices
29.Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29,
29.
shall be in writing;
29.
shall be delivered (a) personally, (b) by express delivery service with
next Business Day delivery, (c) by First Class, certified or registered
S. mail, postage prepaid, (d) by facsimile telecopy, with a copy
delivered in accordance with (a), (b) or (c), preceding, or, (e) by
electronic mail , with a copy delivered in accordance with (a), (b) or (c),
preceding; and
shall be delivered to the following addresses of the Parties:
ToICG:
Attention: LaCharles Keesee
ICG Telecom Group, Inc.
161 Inverness Drive
Englewood, CO. 80112
Telephone Number: 303-414-5896
Facsimile Number: 303-414-5817
Internet Address: lacharles keesee(Qticgcomm.com
with a copy to:
Cheryl Hills
180 Grand Avenue, Suite 800
Oakland, CA 94612
Facsimile Number: 510-239-7063
30.
31.
To Verizon:
Director-Contract Performance & Administration
Verizon Wholesale Markets
600 Hidden Ridge
HQEWMNOTICES
Irving, TX 75038
Telephone Number: 972-718-5988
Facsimile Number: 972-719-1519
Internet Address: wmnotices(Qtverizon.com
with a copy to:
Vice President and Associate General Counsel
Verizon Wholesale Markets
1515 North Court House Road
Suite 500
Arlington, VA 22201
Facsimile: 703-351-3664
or to such other address as either Party shall designate by proper notice,
Notices will be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, the next Business Day
after the notice is sent, (c) where the notice is sent by First Class U.S. Mail , three
(3) Business Days after mailing, (d) where notice is sent via certified or registered
S. mail, the date of receipt shown on the Postal Service receipt, (e) where the
notice is sent via facsimile telecopy, on the date set forth on the telecopy
confirmation if sent before 5 PM in the time zone where it is received, or the next
Business Day after the date set forth on the telecopy confirmation if sent after 5
PM in the time zone where it is received, and (f) where the notice is sent via
electronic mail, on the date of transmission, if sent before 5 PM in the time zone
where it is received , or the next Business Day after the date of transmission, if
sent after 5 PM in the time zone where it is received.
Ordering and Maintenance
ICG shall use Verizon s electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services, and to engage in
other pre-ordering, ordering, provisioning, maintenance and repair transactions.
Verizon has not yet deployed an electronic capability for ICG to perform a pre-ordering,
ordering, provisioning, maintenance or repair, transaction offered by Verizon, ICG shall
use such other processes as Verizon has made available for performing such transaction
(including, but not limited, to submission of Orders by telephonic facsimile transmission
and placing trouble reports by voice telephone transmission),
Performance Standards
31.Verizon shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law, including, but not limited to,
Section 251 (c) of the Act and 47 CFR 99 51.305(a)(3), 51.311 (a) and (b) and
51.603(b).
32.
31,
31.
To the extent required by Appendix 0, Section V, "Carrier-to-Carrier Performance
Plan (Including Performance Measurements)," and Appendix 0, Attachment A
Carrier-to-Carrier Performance Assurance Plan," of the Merger Order, Verizon
shall provide performance measurement results to ICG.
ICG shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32.
Point of Contact for ICG Customers
32.
32.
ICG shall establish telephone numbers and mailing addresses at which ICG
Customers may communicate with ICG and shall advise ICG Customers of these
telephone numbers and mailing addresses.
Except as otherwise agreed to by Verizon, Verizon shall have no obligation, and
may decline, to accept a communication from an ICG customer, including, but
not limited to, an ICG Customer request for repair or maintenance of a Verizon
Service provided to ICG.
ICG and Verizon will employ the following procedures for handling misdirected
repair calls:
32.ICG and Verizon will educate their respective Customers as to the
correct telephone numbers to call in order to access their respective
repair bureaus.
32.To the extent Party A is identifiable as the correct provider of service to
Customers that make misdirected repair calls to Party B, Party B will
immediately refer the Customers to the telephone number provided by
Party A, or to an information source that can provide the telephone
number of Party A, in a courteous manner and at no charge. In
responding to misdirected repair calls, neither Party shall make
disparaging remarks about the other Party, its services, rates, or
service quality.
32.ICG and Verizon will provide their respective repair contact numbers to '
one another on a reciprocal basis.
33.
Predecessor Agreements
Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.
33.any prior interconnection or resale agreement between the Parties for
the State of California pursuant to Section 252 of the Act and in effect
immediately prior to the Effective Date is hereby terminated; and
any Services that were purchased by one Party from the other Party
under a prior interconnection or resale agreement between the Parties
for the State of California pursuant to Section 252 of the Act and in
effect immediately prior to the Effective Date, shall as of the Effective
Date be subject to and purchased under this Agreement.
33.
33.Except as otherwise agreed in writing by the Parties, if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month , and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date, to the extent not inconsistent with this
34.
Agreement, such commitment shall remain in effect and the Service will be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Party make elect to cancel
the commitment.
If either Party elects to cancel the commitment pursuant to the proviso in Section
33,, the Purchasing Party shall not be liable for any termination charge that
would otherwise have applied. However, if the commitment was cancelled by the
Purchasing Party, the Providing Party shall be entitled to payment from the
Purchasing Party of the difference between the price of the Service that was
actually paid by the Purchasing Party under the commitment and the price of the
Service that would have applied if the commitment had been to purchase the
Service only until the time that the commitment was cancelled.
Publicity and Use of Trademarks or Service Marks
33.
34.
34.
34.
A Party, its Affiliates, and their respective contractors and Agents, shall not use
the other Party's trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Party has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
Neither Party may imply any direct or indirect affiliation with or sponsorship or
endorsement of it or its services or products by the other Party,
Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35,
References35.
35.
36.
All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Verizon or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and , in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
Relationship of the Parties
36.The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties,
Nothing contained in this Agreement shall make either Party the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Party a franchise, distributorship or similar interest.
36,
36.Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
37.
expressly permitted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
36.4 Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
Except as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business.
36.
The relationship of the Parties under this Agreement is a non-exclusive
relationship.
Reservation of Rights
36.
37.Notwithstanding anything to the contrary in this Agreement, neither Party waives
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the Services that must be offered)
through changes in Applicable Law; and, (d) to challenge the lawfulness and
propriety of, and to seek to change, any Applicable taw, including, but not limited
to any rule, regulation, order or decision of the Commission, the FCC, or a court
of applicable jurisdiction. Nothing in this Agreement shall be deemed to limit or
prejudice any position a Party has taken or may take before the Commission, the
FCC, any other state or federal regulatory or legislative bodies, courts of
applicable jurisdiction, or industry fora. The provisions of this Section shall
survive the expiration, cancellation or termination of this Agreement.
37.ICG acknowledges ICG has been advised by Verizon that it is Verizon s position
that:
37.This Agreement contains certain provisions which are intended to
reflect Applicable Law and Commission and/or FCC arbitration
decisions; and
37.For the purposes of Appendix D , Sections 31 and 32, of the Merger
Order, such provisions shall not be deemed to have been voluntarily
negotiated or agreed to by Verizon and shall not be available to
carriers pursuant to Appendix D, Sections 31 and 32 of the Merger
Order.
37.Verizon acknowledges that ICG has advised Verizon that ICG does not
agree with, or concede any issues with regard to, Verizon s position stated
in Sections 37.1 and 37.
38.Subcontractors
A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the
Party) to perform the Party s obligations under this Agreement; provided, that a Party'
use of a contractor shall not release the Party from any duty or liability to fulfill the Party
39.
40.
obligations under this Agreement.
Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
Survival
The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilities and
obligations of a Party under any provision of this Agreement regarding confidential
information (including but not limited to, Section 10, indemnification or defense (including,
but not limited to, Section 20, or limitation or exclusion of liability (including, but not
limited to, Section 25, and the rights, liabilities and obligations of a Party under any
provision of this Agreement which by its terms or nature is intended to continue beyond
or to be performed after the expiration , cancellation or termination of this Agreement,
shall survive the expiration, cancellation or termination of this Agreement.
41.Taxes
41.In General.With respect to any purchase hereunder of Services, if any federal
state or local tax, fee, surcharge or other tax-like charge (a "Tax ) is required or
permitted by Applicable Law or a Tariff to be collected from the purchasing Party
by the providing Party, then (a) the providing Party shall properly bill the
purchasing Party for such Tax, (b) the purchasing Party shall. timely remit such
Tax to the providing Party and (c) the providing Party shall timely remit such
collected Tax to the applicable taxing authority.
Taxes Imposed on the Providing Party. With respect to any purchase hereunder
of Services, if any federal, state or local Tax is imposed by Applicable Law on the
receipts of the providing Party, and such Applicable Law permits the providing
Party to exclude certain receipts received from sales for resale to a public utility,
distributor, telephone company, local exchange carrier, telecommunications
company or other communications company ("Telecommunications Company
such exclusion being based solely on the fact that the purchasing Party is also
subject to a tax based upon receipts ("Receipts Tax ), then the purchasing Party
(a) shall provide the providing Party with notice in writing in accordance with
Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall
timely pay the Receipts Tax to the applicable tax authority.
41.
41.Taxes Imposed on Customers.With respect to any purchase hereunder of
Services that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, Customer or ultimate
consumer ("Subscriber ) in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, then the purchasing Party (a) shall be required to impose and/or
collect such Tax from the Subscriber and (b) shall timely remit such Tax to the
applicable taxing authority.
Liabilitv for Uncollected Tax, Interest and Penalty,If the providing Party has not
received an exemption certificate and fails to collect any Tax as required by
Section 41., then, as between the providing Party and the purchasing Party, (a)
the purchasing Party shall remain liable for such uncollected Tax and (b) the
providing Party shall be liable for any interest assessed thereon and any penalty
assessed with respect to such uncollected Tax by such authority. If the providing
Party properly bills the purchasing Party for any Tax but the purchasing Party
41.4
41,
fails to remit such Tax to the providing Party as required by Section 41., then
as between the providing Party and the purchasing Party, the purchasing Party
shall be liable for such uncollected Tax and any interest assessed thereon, as
well as any penalty assessed with respect to such uncollected Tax by the
applicable taxing authority. If the providing Party does not collect any Tax as
required by Section 41.1 because the purchasing Party has provided such
providing Party with an exemption certificate that is later found to be inadequate
by a taxing authority, then, as between the providing Party and the purchasing
Party, the purchasing Party shall be liable for such uncollected Tax and any
interest assessed thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. If the purchasing Party fails to
pay the Receipts Tax as required by Section 41.2, then, as between the
providing Party and the purchasing Party, (x) the providing Party shall be liable
for any Tax imposed on its receipts and (y) the purchasing Party shall be liable
for any interest assessed thereon and any penalty assessed upon the providing
Party with respect to such Tax by such authority. If the purchasing Party fails to
impose and/or collect any Tax from Subscribers as required by Section 41.
then, as between the providing Party and the purchasing Party, the purchasing
Party shall remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such uncollected Tax by
the applicable taxing authority. With respect to any Tax that the purchasing Party
has agreed to pay, or is required to impose on and/or collect from Subscribers,
the purchasing Party agrees to indemnify and hold the providing Party harmless
on an after-tax basis for any costs incurred by the providing Party as a result of
actions taken by the applicable taxing authority to recover the Tax from the
providing Party due to the failure of the purchasing Party to timely pay, or collect
and timely remit, such Tax to such authority. In the event a taxing authority
audits either Party, the other Party agrees to cooperate fully with the Party being
audited in order to respond to any audit inquiries in a proper and timely manner
so that the audit and/or any resulting controversy may be resolved expeditiously,
Tax exemptions and Exemption Certificates. If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption-certificate requirement, then, if the
purchasing Party complies with such procedure, the providing Party shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 41.6. If Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure, then the providing Party shall not collect such Tax if the
purchasing Party (a) furnishes the providing Party with a letter signed by an
officer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b) supplies the providing Party
with an indemnification agreement, reasonably acceptable to the providing Party
(e.g" an agreement commonly used in the industry), which holds the providing
Party harmless on an after-tax basis with respect to its forbearing to collect such
Tax.
41.All notices, affidavits, exemption-certificates or other communications required or
permitted to be given by either Party to the other, for purposes of this Section 41
shall be made in writing and shall be delivered in person or sent by certified mail
return receipt requested, or registered mail, or a courier service providing proof of
service, and sent to the addressees set forth in Section 29 as well as to the
following:
To Verizon:
42.
43.
Tax Administration
Verizon Communications
1095 Avenue of the Americas
Room 3109
New York, NY 10036
ToICG:
John Colgan
ICG Communications, Inc.
161 Inverness Drive
Englewood, CO, 80112
Either Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
Technology Upgrades
Notwithstanding any other provision of this Agreement, subject to Section 28 above and
the requirements of 47 CFR 9951.325 through 51.335, Verizon shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Verizon, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate ICG's ability to provide service using
certain technologies. Nothing in this Agreement shall limit Verizon s ability to modify its
network through the incorporation of new equipment or software or otherwise. ICG shall
be solely responsible for the cost and activities associated with accommodating such
changes in its own network. Without in any way limiting Verizon s right to modify its
network, Verizon shall reasonably cooperate with ICG to minimize or eliminate any
disruption to ICG services resulting from any modification of Verizon s network,
Territory
43.This Agreement applies to the territory in which Verizon operates as an
Incumbent Local Exchange Carrier in the State of California. Verizon shall be
obligated to provide Services under this Agreement only within this territory.
Notwithstanding any other provision of this Agreement, Verizon may terminate
this Agreement as to a specific operating territory or portion thereof if Verizon
sells or otherwise transfers its operations in such territory or portion thereof to a
third-person. Verizon shall provide ICG with at least 90-calendar days prior
written notice of such termination, which shall be effective upon the date
specified in the notice.
43.
44.Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and nothing herein shall create or be construed
to provide any third-persons (including, but not limited to, Customers or contractors of a
Party) with any rights (including, but not limited to, any third-party beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Party shall have no liability
under this Agreement to the Customers of the other Party or to any other third person.
45.
46.
(Intentionally left blank)
252(i) Obligations
46.To the extent required by Applicable Law, each Party shall comply with Section
252(i) of the Act and Appendix D , Sections 30 through 32, of the Merger Order
("Merger Order MFN Provisions
46.To the extent that the exercise by ICG of any rights it may have under Section
252(i) or the Merger Order MFN Provisions results in the rearrangement of
Services by Verizon , ICG shall be solely liable for all reasonable costs
reasonably associated with such rearrangement.
Upon written request by ICG, accompanied by a statement of the Verizon
Services that ICG expects to add, modify or terminate in conjunction with ICG'
exercise of its rights under Section 252(i) or the Merger Order MFN Provisions, to
the extent commercially practicable, Verizon will provide to ICG an estimate of
the rearrangement costs that Verizon expects to incur. ICG shall reasonably
cooperate with Verizon in identifying such costs. If ICG makes such a request
and Verizon fails to notify ICG of rearrangement costs that Verizon is obligated
by this Section 46 to disclose to ICG pursuant to such request, ICG shall not be
responsible for the rearrangement costs that Verizon failed to disclose to ICG.
Verizon shall not charge ICG for any rearrangement costs that are not actually
incurred by Verizon.
In addition to ICG's responsibility for rearrangement costs as stated above, ICG
shall pay any termination charges associated with ICG's termination of Verizon
Services in conjunction with ICG's exercise of ICG's rights under Section 252(i)
or the Merger Order MFN Provisions. Upon written request by ICG,
accompanied by a statement of the Verizon Services that ICG expects to
terminate in conjunction with ICG's exercise of its rights under Section 252(i) or
the Merger Order MFN Provisions, to the extent commercially practicable,
Verizon will provide to ICG an estimate of the termination charges for Verizon
Services that Verizon expects to bill to ICG. ICG shall reasonably cooperate with
Verizon in identifying such charges. If ICG makes such a request and Verizon
fails to notify ICG of termination charges for Verizon Services that Verizon is
obligated by this Section 46 to disclose to ICG pursuant to such request, ICG
shall not be responsible for the termination charges for Verizon Services that
Verizon failed to disclose, Verizon shall not charge ICG pursuant to this Section
46 for any termination charges for Verizon Services that are not due to Verizon
pursuant to this Agreement.
47.Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48.Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49.Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY. WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE, OR OTHERWISE.
50.Withdrawal of Services
50.Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may terminate its offering and/or provision of
any Service under this Agreement upon ninety (90) days prior written notice to
ICG.
50.Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirty (30) days prior written notice
to ICG terminate any provision of this Agreement that provides for the payment
by Verizon to ICG of compensation related to traffic, including, but not limited to,
Reciprocal Compensation and other types of compensation for termination of
traffic delivered by Verizon to ICG. Following such termination, except as
otherwise agreed in writing by the Parties, Verizon shall be obligated to provide
compensation to ICG related to traffic only to the extent required by Applicable
Law. If Verizon exercises its right of termination under this Section, the Parties
shall negotiate in good faith appropriate substitute provisions for compensation
related to traffic; provided, however, that except as otherwise voluntarily agreed
by Verizon in writing in its sole discretion, Verizon shall be obligated to provide
compensation to ICG related to traffic only to the extent required by Applicable
Law. If within thirty (30) days after Verizon s notice of termination the Parties are
unable to agree in writing upon mutually acceptable substitute provisions for
compensation related to traffic, either Party may submit their disagreement to
dispute resolution in accordance with Section 14 of the General Terms and
Conditions.
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
ICG Telecom Group, Inc.
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By: j~11~j7;r,f~
Verizon California Inc,
Printed: IJ) Ie HA6L 1) KA ttEI
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Printed:
Title: EVP Of~TTCN5 CT Title Y2I(Y\E:.~(ot-JIJBGTt)1)Su:s
FinallCGNerizon CA 12/17/01
GLOSSARY
General Rule
1.4
The provisions of Sections 1.1 through 1.4 apply with regard to the Principal
Document. Terms used in a Tariff shall have the meanings stated in the Tariff.
Unless the context clearly indicates otherwise, when used in the Principal
Document the terms listed in this Glossary shall have the meanings stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth on this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
Unless the context clearly indicates otherwise, any term defined in this Glossary
that is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
The words "shall" and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party,
Definitions
Act.
The Communications Act of 1934 (47 U.C. 9151 et. seq,), as from time to time
amended (including, without limitation by the Telecommunications Act of 1996,
Public Law 104-104 of the 104th United States Congress effective February 8,
1996), and as further interpreted in the duly authorized and effective rules and
regulations of the FCC or the Commission.
ADSL (Asymmetrical Diqital Subscriber Line)
A transmission technology on twisted pair copper Loop plant, which transmits an
asymmetrical digital signal of up to 6 Mbps to the Customer and up to 640 kbps
from the Customer, as specified in ANSI standards T1 .413-1998 and Bell Atlantic
Technical Reference TR-72575.
Affiliate.
Shall have the meaning set forth in the Act.
2.4 Agent.
An agent or servant.
Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
Automated Message Accounting lAMA)
The structure inherent in switch technology that initially records
telecommunication message information. AMA format is contained in the
Automated Message Accounting document published by Telcordia Technologies
as GR-11 DO-CORE that defines the industry standard for message recording.
Ancillary Traffic
All traffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: Directory Assistance,
911/E911 , Operator Services (IntraLATA call completion), IntraLATA third party,
collect and calling card, 800/888 database query, LlDB, and information services
requiring special billing.
Automatic Number Identification (ANI)
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling Party.
Answer SuDervision
An off-hook supervisory signal.
Applicable Law
All effective laws, government regulations and orders, applicable to each Party'
performance of its obligations under this agreement.
ASR (Access Service Request)
An industry standard form, which contains data elements and usage rules used
by the Parties to add , establish, change or disconnect services or trunks for the
purposes of interconnection.
Automatic Number Identification (ANI)
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling Party.
Basic Local Exchange Service
Voice grade access to the network that provides: the ability to place and receive
calls; touch-tone service, access to operator services; access to directory
assistance; access to emergency services (E911); access to telephone relay
service (TRS); access to Interexchange Carriers of the Customer s choice;
standard white pages directory listing; and toll blocking for low-income
consumers participating in Lifeline (subject to technical feasibility).
Bona Fide Request (BFR)
The process described in the UNE Attachment that prescribes the terms and
conditions relating to a Party s request that the other Party provides a UNE that it
is not otherwise required to provide under the terms of this Agreement.
Business Day
Monday through Friday, except for holidays on which the U.S. mail is not
delivered.
Calendar Quarter.
January through March, April through June, July through September, or October
through December.
Calendar Year.
January through December.
CCS (Common Channel Signaling)
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the call.
Central Office,
A local switching system for connecting lines to lines, lines to trunks , or trunks to
trunks for the purpose of originating/terminating calls over the public switched
telephone network. A single Central Office may handle several Central Office
codes ("NXX"). Sometimes this term is used to refer to a telephone company
building in which switching systems and telephone equipment are installed.
Central Office Switch.
A switch used to provide Telecommunications Services including but not limited
to an End Office Switch or a Tandem Switch. A Central Office Switch may also
be employed as combination End Office/Tandem Office Switch.
Claims
Any and all claims, demands, suits, actions, settlements, judgments, fines,
penalties, liabilities, injuries, damages, losses, costs (including, but not limited to,
court costs), and expenses (including, but not limited to, reasonable attorney
fees).
2.22 CLEC (Competitive Local Exchange Carrier)
Any corporation or other person legally able to provide Local Exchange Service
in competition with an ILEC.
CLL! Codes,
Common Language Location Identifier Codes.
Centralized Message Distribution System (CMOS)
The billing record and clearing house transport system that ILECs use to
efficiently exchange out collects and in collects as well as Carrier Access Billing
System (CABS) records.
Commission.
California Public Utilities Commission,
~onversation 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.
Calling Party Number (CPN)
A CCS parameter that identifies the calling party s telephone number.
CPNI (Customer Proprietary Network Information
Shall have the meaning set forth in Section 222 of the Act, 47 U.C. 9 222.
Cross Connection,
A jumper cable or similar connection, provided in connection with a Collocation
arrangement at the digital signal cross connect, Main Distribution Frame or other
suitable frame or panel between (i) the Collocating Party s equipment and (ii) the
equipment or facilities of the Housing Party.
Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
Diqital Siqnal level.
One of several transmission rates in the time-division multiplex hierarchy.
Digital Signal level 0 (DSO).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
Digital Signal level 1 (DS1 )
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
Digital Signal level 3 (DS3)
The 44,736 Mbps third-level signal in the time-division multiplex hierarchy.
Effective Date.
December 21 , 2001
EMI (Exchange Message Interface)
Standard used for the interexchange of telecommunications message information
between exchange carriers and interexchange carriers for billable, non-billable,
sample, settlement and study data. Data is provided between companies via a
unique record layout that contains Customer billing information, account
summary and tracking analysis. EMI format is contained in document SR-320
published by the Alliance for Telcom Industry Solutions.
End Office Switch or End Office.
A switching entity that is used to terminate Customer station loops for the
2.40
2.41
2.42
2.43
2.44
2.45
purpose of interconnection to each other and to trunks.
Entrance Facility
The facility between a Party s designated premises and the Central Office serving
that designated premises.
Exchange Access
Shall have the meaning set forth in the Act.
Extended Local Calling ScoDe Arrangement.
An arrangement that provides a Customer a local calling scope (Extended Area
Service
, "
EAS"), outside of the Customer s basic exchange serving area.
Extended Local Calling Scope Arrangements may be either optional or non-
optional. "Optional Extended Local Calling Scope Arrangement Traffic" is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer s basic exchange serving area.
FCC
The Federal Communications Commission.
FCC Internet Order.
Order on Remand and Report and Order In the Matter of Implementation of the
Local Competition Provisions in the Telecommunications Act of 1996, Intercarrier
Compensation for ISP-Bound Traffic, FCC 01-131 , CC Docket Nos. 96-98 and
99-68, (adopted April 18, 2001).
FCC Regulations
The regulations duly and lawfully promulgated by the FCC, as in effect from time
to time.
HDSL (High-Bit Rate Digital Subscriber Line)
A transmission technology that transmits up to a DS1 level signal, using anyone
of the following line codes: 2 Binary/1 Quartenary (2B1 Q), Carrierless AM/PM
Discrete Multitone (DMT) or 3 Binary/1 Octal (3BO).
IDLC (Integrated Diqital LOOD Carrier)
A subscriber Loop carrier system which integrates within the switch at a DS1
level that is twenty-four (24) Loop transmission paths combined into a 1.544
Mbps digital signal.
2.46 ILEC (Incumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.47 Inside Wire or Inside Wiring
All wire, cable, terminals, hardware, and other equipment or materials on the
customer s side of the Rate Demarcation Point.
2.48
2.49
Internet Traffic.
Any traffic that is transmitted to or returned from the Internet at any point during
the duration of the transmission,
InterLATA Service.
Shall have the meaning set forth in the Act.
IntraLATA.
Telecommunications services that originate and terminate at a point within the
same LATA.
IP (Interconnection Point)
For Reciprocal Compensation Traffic, the point at which a Party who receives
Reciprocal Compensation Traffic originating on the network of the other Party
assesses Reciprocal Compensation charges for the further transport and
termination of that Reciprocal Compensation Traffic. The IPs for other types of
traffic shall be as provided in Section 8.5 of the Interconnection Attachment.
ISDN (Integrated Services Digital Network)
A switched network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI-
ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
ISDN User Part (ISUP)
A part of the SS7 protocol that defines call setup messages and call takedown
messages,
ISP-bound Traffic.
The traffic that is subject to the intercarrier compensation plan for ISP-bound
traffic established in the FCC Internet Order.
IXC (Interexchange Carrier)
A Telecommunications Carrier that provides, directly or indirectly, InterLATA or
intraLATA Telephone Toll Services.
LATA (Local Access and Transport Area)
Shall have the meaning set forth in the Act.
LEC (Local Exchange Carrier)
Shall have the meaning set forth in the Act.
LERG (Local Exchange Routing Guide)
The Telcordia Technologies reference customarily used to identify NPA-NXX
routing and homing information, as well as network element and equipment
designation.
LlDB (Line Information Data Base)
One or all , as the context may require, of the Line Information databases 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 LlDB also contains validation data for collect and
third number-billed calls; i.e., Billed Number Screening.
Line Side.
An End Office Switch connection that provides transmission, switching and
optional features suitable for Customers connection to the public switched
network, including loop start supervision, ground start supervision and signaling
for BRI-ISDN service.
rlntentionally left blankl
Loop
A transmission path that extends from a Main distribution Frame, DSX-panel, or
functionally comparable piece of equipment in a Customer s serving End Office to
the Rate Demarcation Point (or NID if installed at the Rate Demarcation Point) in
or at the customer s premises. The actual transmission facilities used to provide
a Loop may utilize any of several technologies.
LSR (Local Service Reauest)
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.
MDF (Main Distribution Frame)
The primary point at which outside plant facilities terminate within a Wire Center,
for interconnection to other telecommunications facilities within the Wire Center.
The distribution frame used to interconnect cable pairs and line trunk equipment
terminating on a switching system.
MECAB (Multiple Exchange Carrier Access Billing)
Document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The
MECAB document, published by Telcordia Technologies as Special Report SR-
BDS-000983, contains the recommended guidelines for the billing of an
Exchange Access Service provided by two or more LECs, or by one LEC in two
or more states within a single LATA.
MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - Industry Support Interface)
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (ATIS), The MECOD document,
published by Telcordia Technologies as Special Report SR-STS-002643
establishes methods for processing orders for Exchange Access Service that is
to be provided by two or more LECs,
Merger Order.
The FCC's Order "In re Application of GTE Corporation, Transferor, and Bell
Atlantic Corporation, Transferee, For Consent to Transfer of Control of Domestic
and International Section 214 and 310 Authorizations and Application to Transfer
of a Submarine Cable Landing License , Memorandum Opinion and Order, FCC
CC Docket No. 98-184, FCC 00-221 (June 16, 2000).
NANP (North American Numberinq Plan).
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as area
code), followed by a 3-digit NXX code and 4 digit line number.
Network Element.
Shall have the meaning stated in the Act.
NID (Network Interface Device)
The Verizon provided interface terminating Verizon s Telecommunications
network on the property where the Customer s service is located at a point
determined by Verizon. The NID contains a FCC Part 68 registered jack from
which inside wire may be connected to Verizon s network.
NPA (Numbering Plan Area)
Also sometimes referred to as an area code, is the first three-digit indicator of
each 1 O-digit telephone 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 associated with a
defined geographic area, and all telephone numbers bearing such NPA are
associated with services provided within that geographic area. A Non-
Geographic NPA, also known as a "Service Access Code" or "SAC Code" is
typically associated with a specialized Telecommunications Service that may be
provided across multiple geographic NPA areas, 500, 700, 800, 888 and 900 are
examples of Non-Geographic NPAs.
NXX. NXX Code. Central Office Code or CO Code
The three-digit switch entity indicator (Le. the first three digits of a seven-digit
telephone number), Each NXX Code contains 10,000 station numbers.
Order.
An order or application to provide, change or terminate a Service (including, but
not limited to, a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
POI (Point of Interconnection)
The physical location where the originating Party s facilities physically
interconnect with the terminating Party s facilities for the purpose of exchanging
traffic.
Port
A line card (or equivalent) and associated peripheral equipment on an End Office
Switch that interconnects individual Loops or individual Customer trunks with the
switching components of an End Office Switch and the associated switching
functionality in that End Office Switch. Each Port is typically associated with one
(or more) telephone number(s) that serves as the Customer s network address.
The Port is part of the provision of unbundled local Switching Element.
Principal Document.
This document, including, but not limited to, the Title Page, the Table of
Contents, the Preface, the General Terms and Conditions, the signature page,
this Glossary, the Attachments, and the Appendices to the Attachments,
Providina Party
A Party offering or providing a Service to the other Party under this Agreement.
Purchasing Party
A Party requesting or receiving a Service from the other Party under this
Agreement.
Rate Center Area or Exchange Area
The geographic area that has been identified by a given LEC as being
associated with a particular NPA-NXX code assigned to the LEC for its provision
of Telephone Exchange Services. The Rate Center Area is the exclusive
geographic area that the LEC has identified as the area within which it will
provide Telephone Exchange Services bearing the particular NPA-NXX
designation associated with the specific Rate Center Area.
Rate Center Point.
A specific geographic point, defined by a V&H coordinate, located within the Rate
Center Area and used to measure distance for the purpose of billing customers
for distance-sensitive Telephone Exchange Services and Toll Traffic.
Rate Demarcation Point.
The physical point in a Verizon provided network facility at which Verizon
responsibility for maintaining that network facility ends and the Customer
responsibility for maintaining the remainder of the facility begins, as set forth in
this Agreement, Verizon s applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251 (b)(5) of the Act,
the FCC Internet Order, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Party s network and terminating on the other Party
network (as set forth in Section 7 of the Interconnection Attachment).
Reciprocal Compensation Traffic
Telecommunications traffic originated by a Customer of one Party on that Party
network and terminated to a Customer of the other Party on that other Party'
network, except for Telecommunications traffic that is interstate or intrastate
Exchange Access, Information Access, or exchange services for Exchange
Access or Information Access. The determination of whether
Telecommunications traffic is Exchange Access or Information Access shall be
based upon Verizon s local calling areas as defined in Verizon s effective
Customer Tariffs and in applicable Commission and FCC orders. Reciprocal
Compensation Traffic does not include: (1) any Internet Traffic; (2) Toll Traffic,
including, but not limited to, calls originated on a 1 + presubscription basis, or on
a casual dialed (101 XXXX) basis; (3) Optional Extended Local Calling Scope
Arrangement Traffic; (4) special access, private line, Frame Relay, ATM, or any
other traffic that is not switched by the terminating Party; (5) Tandem Transit
Traffic; or, (6) Voice Information Service Traffic (as defined in Section 5 of the
Additional Services Attachment). For the purposes of this definition, a Verizon
local calling area includes a Verizon non-optional Extended Local Calling Scope
Arrangement, but does not include a Verizon optional Extended Local Calling
Scope Arrangement.
The Parties agree that this definition of Reciprocal Compensation Traffic is
adopted by the Parties in conjunction with their adoption of the provisions of this
Agreement related to Interconnection Points (including, but not limited to, Section
1 of the Interconnection Attachment) and other network interconnection
arrangements, and is intended to be integrally associated with and a part of such
provisions.
Retail Prices,
The prices at which a Service is provided by Verizon at retail to subscribers who
are not Telecommunications Carriers.
Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound traffic to specified NPA-NXXs and the Rate Center
Point is used to calculate mileage measurements for distance-sensitive transport
charges of switched access services. Pursuant to Telcordia Practice BR-795-
100-100, the Rate Center Point may be an End Office location, or a "LEC
Consortium Point Of Interconnection." The Routing Point must be located within
the LATA in which the corresponding NPA-NXX is located. However, the
Routing Point associated with each NPA-NXX need not be the same as the
corresponding Rate Center Point, nor must it be located within the corresponding
Rate Center Area , nor must there be a unique and separate Routing Point
corresponding to each unique and separate Rate Center Area.
SCP (Service Control Point)
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 a 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.
Service
Any Interconnection arrangement, Network Element, Telecommunications
Service, Collocation arrangement, or other service, facility or arrangement,
offered for sale by a Party under this Agreement.
(SONET) Synchronous Optical Network
Synchronous electrical (STS) or optical channel (OC) connections between
LECs.
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.
SSP (Service Switching Point).
A Signaling Point that can launch queries to databases and receivelinterpret
responses used to provide specific Customer services.
SS7 (Sianaling System 7)
The common channel out-of-band signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT) and
the American National Standards Institute (ANSI). Verizon and ICG currently
utilize this out-of-band signaling protocol.
STP (Sianal Transfer Point)
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.
Subsidiarv
A corporation or other legal entity that is controlled by a Party,
Switched Access Detail Usaae Data
A category 1101 XX record as defined in the ATIS/OBF/EMI.
Switched Access Summarv Usage Data.
A category 1150XX record as defined in the A TIS/OBF/EMI.
Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffic. Switched Exchange Access Services
include but may not be limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
Tandem Switch or Tandem Office
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Office Switches and
between and among End Office Switches and carriers' aggregation points, points
of termination, or point of presence, and to provide Switched Exchange Access
Services.
Tariff
98.
Any applicable Federal or state tariff of a Party, as amended from time-
to-time;
Any standard agreement or other document, as amended from time-to-
time, that sets forth the generally available terms, conditions and prices
under which a Party, in the absence of an applicable Federal or state
tariff of the Party, offers a Telecommunications Service.
98.
The term "Tariff' does not include any Verizon statement of generally available
terms (SGA T) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
Telcordia Technologies
Formerly known as Bell Communications Research, a wholly owned subsidiary of
Science Applications International Corporation (SAIC). The organization
conducts research and development projects for its owners, including
development of new Telecommunications Services. Telcordia Technologies also
provides generic requirements for the telecommunications industry for products,
services and technologies.
100 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
101 Telecommunications Services.
Shall have the meaning set forth in the Act.
102 Telephone Exchange Service
Shall have the meaning set forth in the Act.
103 Third Party Claim
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Party.
104 Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party s network and
terminates to a Customer of the other Party on that Party's network and is not
Reciprocal Compensation Traffic, ISP-bound Traffic, or Ancillary Traffic. Toll
Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll Traffic
depending on whether the originating and terminating points are within the same
LATA.
105 Toxic or Hazardous Substance.
Toxic or Hazardous Substance means any substance designated or defined as
toxic or hazardous under any "Environmental Law" or that pose a risk to human
health or safety, or the environment, and products and materials containing such
substance. "Environmental Laws" means the Comprehensive Environmental
Response, Compensation, and Liability Act, the Emergency Planning and
Community Right-to-Know Act, the Water Pollution Control Act, the Air Pollution
Control Act, the Toxic Substances Control Act, the Resource Conservation and
Recovery Act, the Occupational Safety and Health Act, and all other Federal,
Sate or local laws or governmental regulations or requirements , that are similar
to the above-referenced laws or that otherwise govern releases, chemicals,
products, materials or wastes that may pose risks to human health or safety, or
the environment, or that relate to the protection of wetlands or other natural
resources.
106 Traffic Factor 1.
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffic (excluding ISP-bound Traffic)
by the total number of minutes of interstate and intrastate traffic. ((Interstate
Traffic Total Minutes of Use texcluding ISP-bound Traffic Total Minutes of Use~ +
(Interstate Traffic Total Minutes of Use + Intrastate Traffic Total Minutes of Use~)
x 100). Until the form of a Party's bills is updated to use the term "Traffic Factor
" the term "Traffic Factor 1" may be referred to on the Party's bills and in billing
related communications as "Percent Interstate Usage" or "PIU."
107 Traffic Factor 2.
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and ISP-bound Traffic by the total number of minutes of intrastate traffic
and ISP-bound Traffic. (((Reciprocal Compensation Traffic Total Minutes of Use
+ ISP-bound Traffic Total Minutes of Use~ + (Intrastate Traffic Total Minutes of
Use + ISP-bound Traffic Total Minutes of UseH x 100). Until the form of a Party'
bills is updated to use the term "Traffic Factor 2," the term "Traffic Factor 2" may
be referred to on the Party s bills and in billing related communications as
Percent Local Usage" or "PLU.
108 Trunk Side.
A Central Office Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carrier s network. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
109 Universal Digital Loop Carrier (UDLC)
UDLC arrangements consist of the Central Office Terminal and the Remote
Terminal located in the outside plant or customer premises. The Central Office
and the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digital. UOLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and unbundled loops.
110 Unbundled Network Element (UNE)
111
A Network Element that Verizon is obligated to provide to CLECs on an
unbundled basis pursuant to Applicable Law.
V and H Coordinates Method.
A method of computing airline miles between two points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
112 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "OSO" or "sub-OS1" may also be used.
113 Wire Center.
A building or portion thereof which serves as a Routing Point for Switched
Exchange Access Service, The Wire Center serves as the premises for one or
more Central Offices.
ADDITIONAL SERVICES ATTACHMENT
Alternate Billed Calls
The Parties will engage in settlements of intraLA T A intrastate alternate-billed calls
(~, collect, calling card, and third-party billed calls) originated or authorized by
their respective Customers in accordance with an arrangement mutually agreed to
by the Parties.
Dialing Parity - Section 251(b)(3)
Each Party shall provide the other Party with nondiscriminatory access to such services
and information as are necessary to allow the other Party to implement local Dialing
Parity in accordance with the requirements of Section 251 (b)(3) of the Act.
Directory Assistance (DA) and Operator Services
Either Party may request that the other Party provide the requesting Party with
nondiscriminatory access to the other Party s directory assistance services (DA),
IntraLATA operator call completion services (OS), and/or directory assistance
listings database. If either Party makes such a request, the Parties shall enter
into a mutually acceptable written agreement for such access.
ICG shall arrange, at its own expense, the trunking and other facilities required to
transport traffic to and from the designated DA and OS switch locations.
Directory Listing and Directory Distribution
To the extent required by Applicable Law, Verizon will provide directory services to ICG,
Such services will be provided in accordance with the terms set forth herein.
Listinq Information
As used herein, "Listing Information" means a ICG Customer s primary name,
address (including city, state and zip code), telephone number(s), the delivery
address and number of directories to be delivered, and, in the case of a business
Customer, the primary business heading under which the business Customer
desires to be placed, and any other information Verizon deems necessary for the
publication and delivery of directories.
Listinq Information Supply
ICG shall provide to Verizon on a regularly scheduled basis, at no charge, and in
a format required by Verizon or by a mutually agreed upon industry standard
(e,g., Ordering and Billing Forum developed), all Listing Information and the
service address for each ICG Customer whose service address location falls
within the geographic area covered by the relevant Verizon directory. ICG shall
also provide to Verizon on a daily basis, (a) information showing ICG Customers
who have disconnected or terminated their service with ICG; and (b) delivery
information for each non-listed or non-published ICG Customer to enable Verizon
to perform it's directory distribution responsibilities. Verizon shall promptly
provide to ICG, (normally within forty-eight (48) hours of receipt by Verizon,
excluding non-Business Days), a query on any listing that is not acceptable.
4.4
Listing Inclusion and Distribution
Verizon shall include each ICG Customer s Primary Listing in the appropriate
alphabetical directory and , for business Customers, in the appropriate classified
(Yellow Pages) directory in accordance with the directory configuration, scope
and schedules determined by Verizon in its sole discretion, and shall provide
initial distribution of such directories to such ICG Customers in the same manner
it provides initial distribution of such directories to its own Customers. "Primary
Listing" means a Customer s primary name, address, and telephone number.
Listings of ICG's Customers shall be interfiled with listings of Verizon
Customers and the Customers of other LECs included in the Verizon directories.
ICG shall pay Verizon s tariffed charges for additional and foreign alphabetical
listings and other alphabetical services (e.g. caption arrangements) for ICG'
Customers.
Verizon Information.
Upon request by ICG, Verizon shall make available to ICG the following
information to the extent that Verizon provides such information to its own
business offices a directory list of relevant NXX codes, directory and "Customer
Guide" close dates, publishing data, and Yellow Pages headings. Verizon also
will make available to ICG, upon written request, a copy of Verizon s alphabetical
listings standards and specifications manual.
Confidentiality of Listina Information.
Verizon shall accord ICG Listing Information the same level of confidentiality that
Verizon accords its own listing information, and shall use such Listing Information
solely for the purpose of providing directory-related services; provided, however
that should Verizon elect to do so, it may use or license ICG Listing Information
for directory publishing, direct marketing, or any other purpose for which Verizon
uses or licenses its own listing information, so long as ICG Customers are not
separately identified as such; and provided further that ICG may identify those of
its Customers who request that their names not be sold for direct marketing
purposes, and Verizon shall honor such requests to the same extent it does so
for its own Customers. Verizon shall not be obligated to compensate ICG for
Verizon s use or licensing of ICG Listing Information,
Accuracy
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of ICG Customer listings. At ICG's request, Verizon shall provide ICG
with a report of alllCG Customer listings normally no more than ninety (90) days
and no less than thirty (30) days prior to the service order close date for the
applicable directory. Verizon shall process any corrections made by ICG with
respect to its listings, provided such corrections are received prior to the close
date of the particular directory.
Indemnification.
ICG shall adhere to all practices, standards, and ethical requirements established
by Verizon with regard to listings. By providing Verizon with Listing Information,
ICG warrants to Verizon that ICG has the right to provide such Listing Information
to Verizon on behalf of its Customers. ICG shall make commercially reasonable
efforts to ensure that any business or person to be listed is authorized and has
the right (a) to provide the product or service offered, and (b) to use any personal
or corporate name, trade name, trademark, service mark or language used in the
listing ICG agrees to release, defend , hold harmless and indemnify Verizon from
and against any and all claims, losses, damages, suits, or other actions, or any
liability whatsoever, suffered, made, instituted, or asserted by any person arising
out of Verizon s publication or dissemination of the Listing Information as
provided by ICG hereunder. Such indemnification by ICG shall not include any
errors in or omissions of listings caused solely by Verizon.
Liability
Verizon s liability to ICG in the event of a Verizon error in or omission of a listing
shall not exceed the lesser of the amount of charges actually paid by ICG for
such listing or the amount by which Verizon would be liable to its own customer
for such error or omission. ICG agrees to take all reasonable steps, including,
but not limited to, entering into appropriate contractual provisions with its
Customers, to ensure that its and Verizon s liability to ICG's Customers in the
event of a Verizon error in or omission of a listing shall be subject to the same
limitations of liability applicable between Verizon and its own Customers.
Service Information Paaes
Verizon shall include alllCG NXX codes associated with the geographic areas to
which each directory pertains, to the extent it does so for Verizon s own NXX
codes, in any lists of such codes that are contained in the general reference
portion of each directory. ICG's NXX codes shall appear in such lists in the same
manner as Verizon s NXX information, In addition , when ICG is authorized to,
and is offering, local service to Customers located within the geographic area
covered by a specific directory, at ICG's request, Verizon shall include, at no
charge, in the "Customer Guide" or comparable section of the applicable
alphabetical directories, ICG's critical contact information for ICG's installation,
repair and Customer service, as provided by ICG, and such other essential local
service oriented information as is agreed to in writing by the Parties. Such critical
contact information shall appear alphabetically by local exchange carrier and in
accordance with Verizon s generally applicable policies. ICG shall be
responsible for providing the necessary information to Verizon by the applicable
close date for each affected directory.
Directorv Publication
Nothing in this Agreement shall require Verizon to publish a directory where it
would not otherwise do so.
Other Directory Services
ICG acknowledges that if ICG desires directory services in addition to those
described herein , such additional services must be obtained under separate
agreement with Verizon s directory publishing company.
Voice Information Services Traffic
For purposes of this Section 5, (a) Voice Information Service means a service
that provides (i) recorded voice announcement information or (ii) a vocal
discussion program open to the public, and (b) Voice Information Service Traffic
means intraLA T A switched voice traffic, delivered to a Voice Information Service.
Voice Information Service Traffic does not include any form of Internet Traffic.
Voice Information Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces, which traffic shall be subject to separate
arrangements between the Parties. Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
If an ICG Customer is served by resold Verizon dial tone line
Telecommunications Service or a Verizon Local Switching Network Element, to
the extent reasonably feasible, Verizon will route Voice Information Service
Traffic originating from such Service or Network Element to the appropriate Voice
Information Service connected to Verizon s network unless a feature blocking
such Voice Information Service Traffic has been installed. In addition to any
other charges for such Voice Information Service Traffic, ICG shall pay to
Verizon without discount any Voice Information Service provider charges billed
by Verizon to ICG. ICG shall pay Verizon such charges in full regardless of
whether or not ICG collects such charges from its own Customer,
ICG shall have the option to route Voice Information Service Traffic that
originates on its own network to the appropriate Voice Information Service
connected to Verizon s network. In the event ICG exercises such option, ICG will
establish, at its own expense, a dedicated trunk group to the Verizon Voice
Information Service serving switch. This trunk group will be utilized solely to
allow ICG to route Voice Information Service Traffic originated on its network to
Verizon, In addition to any other charges for such Voice Information Service
Traffic, ICG shall pay to Verizon without discount any Voice Information Service
provider charges billed by Verizon to ICG. ICG shall pay Verizon such charges
in full regardless of whether or not ICG collects such charges from its own
Customer.
Intercept and Referral Announcements
When a Customer changes its service provider from Verizon to ICG, or from ICG
to Verizon , and does not retain its original telephone number, the Party formerly
providing service to such Customer shall provide a referral announcement
Referral Announcement") on the abandoned telephone number which provides
the Customer s new number or other appropriate information , to the extent
known to the Party formerly providing service. Notwithstanding the foregoing, a
Party shall not be obligated under this Section to provide a Referral
Announcement if the Customer owes the Party unpaid overdue amounts or the
Customer requests that no Referral Announcement be provided.
Referral Announcements shall be provided, in the case of business Customers
for a period of not less than one hundred twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thirty (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number,
Each Party will provide this referral announcement to the other Party at no
charge; provided that the Party formerly providing service may bill the Customer
its standard Tariff charge, if any, for the referral announcement.
Originating Line Number Screening (OLNS)
Upon request, Verizon will update its database used to provide originating line number
screening (the database of information which indicates to an operator the acceptable
billing methods for calls originating from the calling number (e.g., penal institutions,
COCOTS).
Definitions.
Operations Support Systems (OSS)
1.4
Verizon Operations SUDDort Systems: Verizon systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing.
Verizon ass Services: Access to Verizon Operations Support
Systems functions. The term "Verizon ass Services" includes, but is
not limited to: (a) Verizon s provision of ICG Usage Information to ICG
pursuant to Section 8.3 below; and, (b) "Verizon ass Information
as defined in Section 8.1.4 below,
Verizon ass Facilities : Any gateways, interfaces, databases, facilities,
equipment, software, or systems, used by Verizon to provide Verizonass Services to ICG.
Verizon ass Information: Any information accessed by, or disclosed
or provided to, ICG through or as a part of Verizon ass Services. The
term "Verizon ass Information" includes, but is not limited to: (a) any
Customer Information related to a Verizon Customer or a ICG
Customer accessed by, or disclosed or provided to, ICG through or as
a part of Verizon ass Services; and, (b) any ICG Usage Information
(as defined in Section 8.6 below) accessed by, or disclosed or
provided to, ICG.
Verizon Retail Telecommunications Service:Any Telecommunications
Service that Verizon provides at retail to subscribers that are not
Telecommunications Carriers. The term "Verizon Retail
Telecommunications Service" does not include any Exchange Access
service (as defined in Section 3(16) of the Act, 47 U.C. 9153(16))
provided by Verizon.
ICG Usaqe Information : The usage information for a Verizon Retail
Telecommunications Service purchased by ICG under this Agreement
that Verizon would record if Verizon was furnishing such Verizon
Retail Telecommunications Service to a Verizon end-user retail
Customer.
Customer Information: CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase
by a Customer of the services or products of a Party.
Verizon ass Services.
Upon request by ICG, Verizon shall provide to ICG, pursuant to
Section 251(c)(3) of the Act, 47 U,C. 9 251 (c)(3), Verizon ass
Services.
Subject to the requirements of Applicable Law, Verizon Operations
Support Systems, Verizon Operations Support Systems functions,
Verizon ass Facilities, Verizon ass Information , and the Verizon
ass Services that will be offered by Verizon, shall be as determined
by Verizon. Subject to the requirements of Applicable Law, Verizon
shall have the right to change Verizon Operations Support Systems,
Verizon Operations Support Systems functions, Verizon ass
Facilities, Verizon ass Information, and the Verizon ass Services,
from time-to-time, without the consent of ICG.
ICG Usage Information
Upon request by ICG, Verizon shall provide to ICG, pursuant to
Section 251 (c)(3) of the Act, 47 U.C, 9 251 (c)(3), ICG Usage
Information.
ICG Usage Information will be available to ICG through the following:
Daily Usage File on Data Tape.
Daily Usage File through Network Data Mover (NOM).
Daily Usage File through Centralized Message Distribution
System (CMOS) (Former Bell Atlantic service areas only).
Upon mutual agreement of the Parties, File Transfer
Protocol (FTP) used with "Pretty Good Privacy
" ("
PGP"
software,
2.4
ICG Usage Information will be provided in a Bellcore
Exchange Message Records (EMI) format.
Daily Usage File Data Tapes provided pursuant to Section
1 above will be issued each day, Monday through
Friday, except holidays observed by Verizon.
Except as stated in this Section 8., subject to the requirements of
Applicable Law, Verizon shall determine the manner in which, and the
frequency with which, ICG Usage Information will be provided to ICG.
8.4.
Access to and Use of Verizon ass Facilities.8.4
8.4.
8.4.
8.4.4
Verizon ass Facilities may be accessed and used by ICG only to the
extent necessary for ICG's access to and use of Verizon ass
Services pursuant to the Agreement.
Verizon ass Facilities may be accessed and used by ICG only to
provide Telecommunications Services to ICG Customers.
ICG shall restrict access to and use of Verizon ass Facilities to ICG.
This Section 8 does not grant to ICG any right or license to grant
sublicenses to other persons, or permission to other persons (except
ICG's employees, agents and contractors, in accordance with Section
8.4,7 below), to access or use Verizon ass Facilities.
ICG shall not (a) alter, modify or damage the Verizon ass Facilities
(including, but not limited to, Verizon software), (b) copy, remove,
derive, reverse engineer, or decompile, software from the Verizon
ass Facilities, or (c) obtain access through Verizon ass Facilities to
Verizon databases, facilities, equipment, software, or systems, which
are not offered for ICG's use under this Section 8.
8.4.5
8.4.
8.4.
ICG shall comply with all practices and procedures established by
Verizon for access to and use of Verizon ass Facilities (including, but
not limited to, Verizon practices and procedures with regard to security
and use of access and user identification codes).
All practices and procedures for access to and use of Verizon ass
Facilities, and all access and user identification codes for Verizon ass
Facilities: (a) shall remain the property of Verizon; (b) shall be used by
ICG only in connection with ICG's use of Verizon ass Facilities
permitted by this Section 8; (c) shall be treated by ICG as Confidential
Information of Verizon pursuant to Section 10 of the Agreement; and,
(d) shall be destroyed or returned by ICG to Verizon upon the earlier of
request by Verizon or the expiration or termination of the Agreement.
ICG's employees, agents and contractors may access and use Verizonass Facilities only to the extent necessary for ICG's access to and
use of the Verizon ass Facilities permitted by this Agreement. Any
access to or use of Verizon ass Facilities by ICG's employees,
agents, or contractors, shall be subject to the provisions of the
Agreement, including, but not limited to, Section 10 of the Agreement
and Section 8.3 of this Attachment.
Verizon ass Information.
5.2
Subject to the provisions of this Section 8 and Applicable Law, Verizon
grants to ICG a non-exclusive license to use Verizon ass Information.
All Verizon ass Information shall at all times remain the property of
Verizon, Except as expressly stated in this Section 8, ICG shall
acquire no rights in or to any Verizon ass Information.
Limitations.
The provisions of this Section 8.3 shall apply to all
Verizon ass Information, except (a) ICG Usage
Information, (b) CPNI of ICG, and (c) CPNI of a Verizon
Customer or an ICG Customer, to the extent the Customer
has authorized ICG to use the Customer Information.
Verizon ass Information may be accessed and used by
ICG only to provide Telecommunications Services to ICG
Customers,
ICG shall treat Verizon ass Information that is designated
by Verizon, through written or electronic notice (including,
but not limited to, through the Verizon ass Services), as
Confidential" or "Proprietary" as Confidential Information of
Verizon pursuant to Section 10 of the Agreement.
Except as expressly stated in this Section 8, this Agreement
does not grant to ICG any right or license to grant
sublicenses to other persons, or permission to other
persons (except ICG's employees, agents or contractors, in
accordance with Section 8.5 below, to access, use or
disclose Verizon ass Information.
3.4
5.4
ICG's employees, agents and contractors may access, use
and disclose Verizon OSS Information only to the extent
necessary for ICG's access to, and use and disclosure of,
Verizon ass Information permitted by this Section 8. Any
access to, or use or disclosure of, Verizon ass Information
by ICG's employees, agents or contractors, shall be subject
to the provisions of this Agreement, including, but not
limited to, Section 10 of the Agreement and Section 8.
above.
ICG's license to use Verizon ass Information shall expire
upon the earliest of: (a) the time when the Verizon ass
Information is no longer needed by ICG to provide
Telecommunications Services to ICG Customers; (b)
termination of the license in accordance with this Section 8;
or (c) expiration or termination of the Agreement.
All Verizon ass Information received by ICG shall be
destroyed or returned by ICG to Verizon , upon expiration
suspension or termination of the license to use such
Verizon ass Information.
Unless sooner terminated or suspended in accordance with the
Agreement or this Section 8 (including, but not limited to, Section 2.
of the Agreement and Section 8,1 below), ICG's access to Verizonass Information through Verizon ass Services shall terminate upon
the expiration or termination of the Agreement.
5.4.
5.4.2
5.4.
Verizon shall have the right (but not the obligation) to audit
ICG to ascertain whether ICG is complying with the
requirements of Applicable Law and this Agreement with
regard to ICG's access to, and use and disclosure of
Verizon ass Information, Such audit shall be subject to,
and conducted in accordance with, Sections 7.2 through 7.4
of the General Terms and Conditions.
Without in any way limiting any other rights Verizon may
have under the Agreement or Applicable Law, Verizon shall
have the right (but not the obligation) to monitor ICG'
access to and use of Verizon ass Information which is
made available by Verizon to ICG pursuant to this
Agreement, to ascertain whether ICG is complying with the
requirements of Applicable Law and this Agreement, with
regard to ICG's access to, and use and disclosure of, such
Verizon ass Information, The foregoing right shall include,
but not be limited to, the right (but not the obligation) to
electronically monitor ICG's access to and use of Verizonass Information which is made available by Verizon to ICG
through Verizon ass Facilities.
Information obtained by Verizon pursuant to this Section
5.4 shall be treated by Verizon as Confidential Information
of ICG pursuant to Section 10 of the Agreement; provided
that, Verizon shall have the right (but not the obligation) to
use and disclose information obtained by Verizon pursuant
to this Section 8.5.4.3 to enforce Verizon s rights under the
Agreement or Applicable Law.
Liabilities and Remedies.
Any breach by ICG, or ICG's employees, agents or contractors, of the
provisions of Sections 8.4 or 8.5 above shall be deemed a material
breach of a material provision of this Agreement pursuant to Section
12 of the General Terms and Conditions. In addition, if any such
breach continues for more than ten (10) days after written notice
thereof from Verizon, then, except as otherwise required by Applicable
Law, Verizon shall have the right, upon notice to ICG, to suspend the
license to use Verizon ass Information granted by Section 8.
above and/or the provision of Verizon ass Services, in whole or in
part.
ICG agrees that a breach of Sections 8.4 or 8.5 above by ICG or the
employees, agents or contractors of ICG would irreparably injure
Verizon , and that Verizon shall be entitled to seek equitable relief,
including injunctive relief and specific performance, in the event of any
such breach. Such remedies shall not be deemed to be the exclusive
remedies for any such breach, but shall be in addition to any other
remedies available under this Agreement or at law or in equity.
Relation to Applicable Law
The provisions of Sections 8.4, 8.5 and 8.6 above shall be in addition to and not
in derogation of any provisions of Applicable Law, including, but not limited to, 47
C. S 222, and are not intended to constitute a waiver by Verizon of any right
with regard to protection of the confidentiality of the information of Verizon or
Verizon Customers provided by Applicable Law.
Cooperation
ICG, at ICG's expense, shall reasonably cooperate with Verizon in using Verizonass Services. Such cooperation shall include, but not be limited to, the
following:
Upon request by Verizon, ICG shall by no later than the fifteenth (15th)
day of each calendar month submit to Verizon reasonable, good faith
estimates (by central office or other Verizon office or geographic area
designated by Verizon) of the volume of each Verizon Retail
Telecommunications Service for which ICG anticipates submitting
orders in each week of the next calendar month.
ICG shall reasonably cooperate with Verizon in submitting orders for
Verizon Retail Telecommunications Services and otherwise using the
Verizon ass Services , in order to avoid exceeding the capacity or
capabilities of such Verizon ass Services.
ICG shall participate in cooperative testing ofVerizon ass Services
and shall provide assistance to Verizon in identifying and correcting
mistakes, omissions, interruptions, delays, errors, defects, faults,
failures, or other deficiencies, in Verizon ass Services.
Verizon Access to Information Related to ICG Customers,
Verizon shall have the right to access, use and disclose information
related to ICG Customers that is in Verizon s possession (including,
but not limited to, in Verizon ass Facilities) to the extent such access,
use and/or disclosure has been authorized by the ICG Customer in the
manner required by Applicable Law.
ICG shall have the right (but not the obligation) to audit Verizon to
ascertain whether Verizon is complying with the requirements of
Applicable Law and this Agreement with regard to Verizon s access to
information related to ICG's Customers pursuar:lt to Section 8.1, and
Verizon s use and disclosure of information related to ICG'
Customers that has been obtained by Verizon pursuant to Section
1. Such audit shall be subject to, and conducted in accordance
with, Sections 7.2 through 7.4 of the General Terms and Conditions.
Information obtained by ICG pursuant to Section 8.2 shall be treated
by ICG as Confidential Information of Verizon pursuant to Section 10
of the Agreement; provided that ICG shall have the right (but not the
obligation) to use and disclose information obtained by ICG pursuant
to Section 8.2 to enforce ICG's rights under this Agreement or
Applicable Law.
10.
Verizon Pre-aSS Services.
10.
10.
10.4
10.
As used in this Section 8, "Verizon Pre-aSS Service" means a service
which allows the performance of an activity which is comparable to an
activity to be performed through a Verizon ass Service and which
Verizon offers to provide to ICG prior to, or in lieu of, Verizon
provision of the Verizon ass Service to ICG. The term "Verizon Pre-
ass Service" includes, but is not limited to, the activity of placing
orders for Verizon Retail Telecommunications Services through a
telephone facsimile communication.
Subject to the requirements of Applicable Law, the Verizon Pre-aSS
Services that will be offered by Verizon shall be as determined by
Verizon and Verizon shall have the right to change Verizon Pre-aSS
Services, from time-to-time, without the consent of ICG.
Subject to the requirements of Applicable Law, the prices for Verizon
Pre-aSS Services shall be as determined by Verizon and shall be
subject to change by Verizon from time-to-time,
The provisions of Sections 8.4 through 8.8 above shall also apply to
Verizon Pre-aSS Services. For the purposes of this Section 8.10: (a)
references in Sections 8.4 through 8.8 above to Verizon ass Services
shall be deemed to include Verizon Pre-aSS Services; and, (b)
references in Sections 8.4 through 8.8 above to Verizon ass
Information shall be deemed to include information made available to
ICG through Verizon Pre-aSS Services,
ICG acknowledges that the Verizon ass Information, by its nature, is
updated and corrected on a continuous basis by Verizon, and
therefore that Verizon ass Information is subject to change from time
to time.
Order Supplements and Cancellations
11.Upon Verizon requesting that ICG supplement an incomplete or
inaccurate order, Verizon will provide to ICG information necessary to
identify the order, including but not limited to Service Order Request
(IOSORIO) information, such that ICG may supplement the incomplete or
inaccurate order. If Verizon sends such information to ICG and ICG
fails to supplement the order within thirty-one (31) days after Verizon
request, Verizon may cancel the order.
If Verizon cannot complete ICG's order by ICG's requested due date
Verizon will provide to ICG the due date on whith Verizon can
complete the order. If the Verizon due date is not acceptable to ICG
ICG must supplement the order to either request a different due date,
or to expedite the order. If Verizon has requested the due date
change, Verizon will not billlCG a charge for supplementing the order.
Poles, Ducts, Conduits and Rights-at-Way
11.
To the extent required by Applicable Law (including, but not limited to, Sections 224
251 (b)(4) and 271 (c)(2)(B)(iii) of the Act), each Party ("Providing Party") shall afford the
other Party non-discriminatory access to poles, ducts, conduits and rights-of-way owned
or controlled by the Providing Party. Such access shall be provided in accordance with
Applicable Law pursuant to the Providing Partys applicable Tariffs, or, in the absence of
an applicable Providing Party Tariff, the Providing Partys generally offered form of
license agreement, or, in the absence of such a Tariff and license agreement, a mutually
acceptable agreement to be negotiated by the Parties.
10.Telephone Numbers
10.This Section applies in connection with ICG Customers served by
Telecommunications Services provided by Verizon to ICG for resale or a Local
Switching Network Element provided by Verizon to ICG.
ICG's use of telephone numbers shall be subject to Applicable Law the rules of
the North American Numbering Council and the North American Numbering Plan
Administrator, the applicable provisions of this Agreement (including, but not
limited to, this Section 10), and Verizons practices and procedures for use and
assignment of telephone numbers, as amended from time-to-time.
10.
10.Subject to Sections 10.2 and 10.4, if a Customer of either Verizon or ICG who is
served by a Verizon Telecommunications Service ("VTS") or a Verizon Local
Switching Network Element ("VLSNE") changes the LEC that serves the
Customer using such VTS or VLSNE (including a change from Verizon to ICG,
from ICG to Verizon, or from ICG to a LEC other than Verizon), after such
change, the Customer may continue to use with such VTS or VLSNE the
telephone numbers that were assigned to the VTS or VLSNE for the use of such
Customer by Verizon immediately prior to the change.
Verizon shall have the right to change the telephone numbers used by a
Customer if at any time: (a) the Customer requests service at a new location,
that is not served by the Verizon switch and the Verizon rate center from which
the Customer previously had service; (b) continued use of the telephone
numbers is not technically feasible; or, (c) in the case of Telecommunications
Service provided by Verizon to ICG for resale, the type or class of service
subscribed to by the Customer changes.
10.4
10.If service on a VTS or VLSNE provided by Verizon to ICG under this Agreement
is terminated and the telephone numbers associated with such VTS or VLSNE
10.
have not been ported to a ICG switch, the telephone numbers shall be available
for reassignment by Verizon to any person to whom Verizon elects to assign the
telephone numbers, including, but not limited to, Verizon, Verizon Customers,
ICG, or Telecommunications Carriers other than Verizon and ICG.
ICG may reserve telephone numbers only to the extent Verizons Customers may
reserve telephone numbers.
General
INTERCONNECTION ATTACHMENT
Each Party ("Providing Party) shall provide to the other Party, in accordance with this
Agreement and Applicable Law, interconnection with the Providing Partys network for the
transmission and routing of Telephone Exchange Service and Exchange Access.
Methods of Interconnection and Trunk Types
Methods for Interconnection.
1.4
In accordance with, but only to the extent required by, Applicable Law,
the Parties shall provide interconnection of their networks at any
technically feasible point (the Point of Interconnection or "POI") as
specified in this Agreement.
Each Party ("Originating Party), at its own expense, shall provide for
delivery to the relevant IP of the other Party ("Receiving Party"
Reciprocal Compensation Traffic and ISP-bound Traffic that the
Originating Party wishes to deliver to the Receiving Party.
ICG may specify any of the following methods for interconnection with
Verizon:
a Collocation node ICG has established at the Verizon-
pursuant to the Collocation Attachment, and such node may
be the POI; and/or
a Collocation node that has been established separately at
the Verizon-IP by a third party with whom ICG has
contracted for such purposes, and such node may be the
POI; and/or
an Entrance Facility and transport obtained from Verizon
(and any necessary multiplexing) pursuant to the applicable
Verizon access Tariff, or obtained from a third party who
has obtained such Entrance Facility and transport from
Verizon (and obtained any necessary multiplexing from
Verizon) pursuant to the applicable Verizon access tariff,
from the ICG POI to the Verizon-IP. ICG may interconnect
transport facilities (including, transport facilities provided by
Verizon pursuant to an applicable Verizon Tariff, or by ICG
or a third party) with such a Verizon provided Entrance
Facility to the extent permitted by, and in accordance with
the applicable Verizon access Tariff.
ICG may order from Verizon, in accordance with the rates, terms and
conditions set forth in this Agreement and applicable Verizon Tariff(s)
(or in the absence of applicable rates, terms and conditions set forth in
this Agreement and Verizon Tariff(s), in accordance with rates, terms
and conditions to be negotiated by the Parties), any of the methods for
interconnection specified in Section 2.3 above.
Verizon may specify any of the following methods for interconnection
with ICG:
a Collocation arrangement Verizon has established at the
ICG-IP in accordance with the Collocation Attachment, or
an interconnection arrangement Verizon has established at
the ICG-IP that is operationally equivalent to a Collocation
arrangement (including, but not limited to, a Verizon
provided Entrance Facility); andlor
a Collocation arrangement that has been established
separately at the ICG-IP by a third party and that is used by
Verizon to interconnect with ICG, if ICG has permitted a
third party to establish such a Collocation arrangement;
andlor
a non-distance sensitive Entrance Facility obtained from
ICG (and any necessary multiplexing), from the Verizon
network to the ICG-IP (including, but not limited to, at
Verizons election, an Entrance Facility accessed by
Verizon through interconnection at a Collocation
arrangement that ICG has established at a Verizon Wire
Center pursuant to the Collocation Attachment, or through
interconnection at a Collocation arrangement that has been
established separately at a Verizon Wire Center by a third
party and that is used by ICG), or an Entrance Facility
obtained from a third party that has established an
interconnection arrangement with ICG.
Verizon may order from ICG, in accordance with the rates, terms and
conditions set forth in this Agreement and applicable ICG Tariff(s) (or
in the absence of applicable rates, terms and conditions set forth in
this Agreement and ICG Tariff(s), in accordance with rates, terms and
conditions to be negotiated by the Parties), any of the methods for
interconnection specified in Section 2.5 above.
Trunk Types.
In interconnecting their networks pursuant to this Attachment, the
Parties' will use, as appropriate, the following separate and distinct
trunk groups:
Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffic, ISP-bound Traffic
translated LEC IntraLATA toll free service access code
(e., 800/888/877) traffic, IntraLATA Toll Traffic, and,
where agreed to between the Parties, InterLATA Toll Traffic
between their respective Telephone Exchange Service
Customers, and Tandem Transit Traffic, all in accordance
with Sections 5 through 8 of this Attachment; provided that,
the Interconnection Trunks will not be used for InterLATA
calls originated on a 1 + presubscription basis, or on a
casual dialed (101XXXX) basis, except by mutual
agreement of the Parties.
Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic, including translated
InterLATA toll free service access code (e., 800/888/877)
traffic, between ICG Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
2.4
2.2,
Service via a Verizon access Tandem, pursuant to Section
251 (c)(2) of the Act, in accordance with Sections 8 through
10 of this Attachment; and
Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
traffic congestion and testing; and, (b) untranslated
IntraLATA/lnterLATA toll free service access code (e.
800/888/877) traffic.
Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g., 911/E911 Trunks;
Information Services Trunks) or in other separate agreements
between the Parties (e.g" Directory Assistance Trunks, Operator
Services Trunks, BLV/BLVI Trunks).
The Parties will mutually agree upon where One Way Interconnection
Trunks (trunks with traffic going in one direction, including one-way
trunks and uni-directional two-way trunks) and/or Two Way
Interconnection Trunks (trunks with traffic going in both directions) will
be deployed.
In the event the traffic volume between a Verizon End Office and the
ICG POI, which is carried by a Final Tandem Interconnection Trunk
group, exceeds the CCS busy hour equivalent of one (1) DS-1 at any
time and/or 200,000 combined minutes of use for a single month: (a)
if One-Way Interconnection Trunks are used, the originating Party
shall promptly establish new End Office One-Way Interconnection
Trunk groups between the Verizon End Office and the POI; or, (b) if
Two-Way Interconnection Trunks are used, then ICG shall promptly
submit an ASR to Verizon to establish new End Office Two-Way
Interconnection Trunk groups between that Verizon End Office and the
POI.
Except as otherwise agreed in writing by the Parties or set forth in
Section 2.1 below, the total number of Tandem Interconnection
Trunks between ICG's network and a Verizon Tandem will be limited
to a maximum of 240 trunks. In the event that the volume of traffic
between ICG's network and a Verizon Tandem exceeds, or
reasonably can be expected to exceed, the capacity of the 240 trunks,
ICG shall promptly submit an ASR to Verizon to establish new or
additional End Office Trunks to insure that the volume of traffic
between ICG's network and the Verizon Tandem does not exceed the
capacity of the 240 trunks.
If on the Effective Date the total number of Tandem
Interconnection Trunks between ICG's network and a
Verizon Tandem exceeds 240 trunks, ICG may continue to
use the trunks that are in place on the Effective Date after
the Effective Date; provided that, if any such Tandem
Interconnection Trunks are disconnected, ICG shall not be
able to replace such Tandem Interconnection Trunks or add
additional Tandem Interconnection Trunks if the total
number of Tandem Interconnection Trunks between ICG'
network and that Verizon Tandem exceeds 240 trunks.
One Way Interconnection Trunks
Where the Parties have agreed to use One-Way Interconnection
Trunks for the delivery of traffic from ICG to Verizon, ICG, at ICG'
own expense, shall:
provide its own facilities for delivery of the traffic to the ICG
Collocation arrangement at the Verizon-IP or to the third-
party Collocation arrangement used by ICG at the Verizon-
IP; and/or
obtain transport for delivery of the traffic to the ICG
Collocation arrangement at the Verizon-IP or to the third-
party Collocation arrangement used by ICG at the Verizon-
IP (a) from a third-party, or, (b) if Verizon offers such
transport pursuant to this Agreement or an applicable
Verizon Tariff, from Verizon; and/or
order the One-Way Trunks from Verizon in accordance with
the rates, terms and conditions set forth in this Agreement
and applicable Verizon Tariffs, for installation on an
Entrance Facility obtained by ICG from Verizon pursuant to
Sections 2,3 and 2.1.4, and also order multiplexing and
transport from Verizon pursuant to Sections 2.3 and
1.4,
For each Tandem One-Way Interconnection
Trunk group provided by Verizon to ICG with a
utilization level of less than sixty percent (60%),
unless the Parties agree otherwise, ICG will
promptly submit ASRs to disconnect a sufficient
number of Interconnection Trunks to attain a
utilization level of approximately sixty percent
(60%).
Where the Parties have agreed to use One-Way Interconnection
Trunks for the delivery of traffic from Verizon to ICG, Verizon, at
Verizons own expense, shall:
provide its own facilities for delivery of the traffic to the
Verizon Collocation arrangement or interconnection
arrangement at the ICG-IP or to the third-party Collocation
arrangement used by Verizon at the ICG-IP; or
obtain transport for delivery of the traffic to the Verizon
Collocation arrangement or interconnection arrangement at
the ICG-IP or to the third-party Collocation arrangement
used by Verizon at the ICG-IP (a) from a third-party, or, (b)
if ICG offers such transport pursuant to this Agreement or
an applicable ICG Tariff, from ICG; or
order the One-Way Trunks from ICG in accordance with the
rates, terms and conditions set forth in this Agreement and
applicable ICG Tariffs for installation on an Entrance Facility
obtained by Verizon from ICG pursuant to Sections 2.
and 2.6, or obtain the One-Way Trunks from a third-party
2.4
that has established an interconnection arrangement with
ICG.
2.4.
Two-Way Interconnection Trunks
2.4,
2.4.
2.4.4
2.4.
2.4.
2.4.
Where the Parties have agreed to use Two-Way Interconnection
Trunks for the exchange of traffic between Verizon and lCG, ICG shall
order from Verizon, and Verizon shall provide, the Two-Way
Interconnection Trunks, and the Entrance Facility on which such
Trunks will ride, and transport and multiplexing, in accordance with the
rates, terms and conditions set forth in this Agreement and Verizon
applicable Tariffs.
Upon the parties undertaking a Major Project, where the Parties have
agreed to use Two Way Interconnection Trunks, prior to ordering any
Two-Way Interconnection Trunks from Verizon, ICG shall meet
telephonically or in person, with Verizon to conduct a joint planning
meeting ("Joint Planning Meeting). At that Joint Planning Meeting,
each Party shall provide to the other Party forecasted originating CCS
(Hundred Call Second) information, and the Parties shall mutually
agree on the appropriate initial number of Two-Way End Office and
Tandem Interconnection Trunks and the interface specifications at the
Point of Interconnection (POI). For purposes of this Section 2.4., a
Major Project" is a project that requires the coordination and
execution of multiple orders or related activities between and among
Verizon and ICG work groups including, but not limited to, the initial
establishment of Interconnection or Access Toll Connecting Trunk
groups between a Verizon switch and an ICG switch, NXX code
moves, re-homes, facility grooming, network rearrangements, a
conversion from One Way Interconnection Trunks to Two-Way
Interconnection Trunks, and installation of a new switch,
Two-Way Interconnection Trunks shall be from a Verizon End Office or
Tandem to a mutually agreed upon POI. Where ICG is collocated in a
Verizon Wire Center, the POI may be at the Verizon Wire Center.
On a semi-annual basis, ICG shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
Interconnection Trunks that ICG anticipates that Verizon will need to
provide during the ensuing two (2) year period. ICG's trunk forecasts
shall conform to the Verizon CLEC trunk forecasting guidelines as
provided to ICG and in effect at that time,
The Parties shall meet (telephonically or in person) from time to time,
as needed, to review data on End Office and Tandem Two-Way
Interconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
Interconnection Trunks.
Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilize B8ZS and Extended Super
Frame (ESF) DS1 facilities, where available.
With respect to End Office Two-Way Interconnection Trunks, both
Parties shall use an economic CCS equal to five (5).
2.4.
2.4.
2.4.
Verizon and ICG shall engineer Two-Way Interconnection Trunks
using national standards and measurement methodologies. Two-Way
Interconnection Trunk groups that connect to a Verizon access
Tandem shall be engineered using a design blocking objective of
O05. Two-Way Interconnection Trunk groups that connect to a
Verizon local Tandem shall be engineered using a design blocking
objective of B.01. In performing trunk blockage measurements,
Verizon will use an average time consistent busy hour methodology,
as set out in Telcordia publication SR-TAP-000191. If ICG elects to
perform trunk blockage measurements using a method of
measurement (for instance, a method that uses a peak busy hour
measurement) that differs from that used by Verizon and ICG'
method of measurement indicates a need for a different number of
Two-Way Interconnection Trunks than the method of measurement
used by Verizon, the Parties shall negotiate in good faith to determine
the number of Two-Way Interconnection Trunks that should be used.
If the Parties are unable to agree upon the number of Two-Way
Interconnection Trunks that should be used, either Party may submit
the matter to dispute resolution pursuant to Section 14 of the General Terms and Conditions.
After a Two-Way Interconnection Trunk group has been established,
ICG shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffic carried on such Two-Way
Interconnection Trunk group. ICG shall order Two-Way
Interconnection Trunks by submitting ASRs to Verizon setting forth the
number of Two-Way Interconnection Trunks to be installed and the
requested installation dates within Verizons effective standard
intervals or negotiated intervals, as appropriate. The provisioning
intervals offered by Verizon to ICG for orders for 240 or fewer DSO
Two-Way Interconnection Trunks shall be no longer than the
provisioning intervals offered by Verizon to other similarly situated
CLECs for orders for 240 or fewer DSO Two-Way Interconnection
Trunks. Except as otherwise provided in an applicable Verizon Tariff
the provisioning intervals offered by Verizon to ICG for orders for 240
or more DSO Two-Way Interconnection Trunks shall be subject to
negotiation by the Parties. ICG orders for Two-Way Interconnection
Trunks shall be subject to Section 2.5 above and other applicable
provisions of this Agreement and applicable Verizon Tariffs. ICG shall
complete ASRs in accordance with Ordering and Billing Forum
Guidelines as in effect from time to time.
Each Party may monitor Two-Way Interconnection Trunk Groups using
service results for the applicable design-blocking objective. If Verizon
observes blocking in excess of the applicable design objective on any
final Two-Way Interconnection Trunk group and ICG has not notified
Verizon that it has corrected such blocking, Verizon may submit to ICG
a Trunk Group Service Request directing ICG to remedy the blocking.
Upon receipt of a Trunk Group Service Request, ICG will complete an
ASR to augment the Two-Way Interconnection Trunk Group with
excessive blocking and submit the ASR to Verizon within five (5)
Business Days, If ICG observes blocking in excess of the applicable
design objective on any final Two-Way Interconnection Trunk group,
ICG shall submit an ASR to augment the Two-Way Interconnection
Trunk Group,
2.4.
2.4,
2.4.
2.4.
2.4.
2.4.16
The Parties will review all Tandem Two-Way Interconnection Trunk
groups that reach a utilization level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
ICG will promptly augment all Tandem Two-Way Interconnection
Trunk groups that reach a utilization level of eighty percent (80%) by
submitting ASRs for additional trunks sufficient to attain a utilization
level of approximately seventy percent (70%), unless the Parties agree
that additional trunking is not required. For each Tandem Two-Way
Interconnection Trunk group with a utilization level of less than sixty
percent (60%), unless the Parties agree otherwise, ICG will promptly
submit ASRs to disconnect a sufficient number of Interconnection
Trunks to attain a utilization level of approximately sixty percent (60%)
for each respective group. In the event ICG fails to submit an ASR for
Two-Way Interconnection Trunks in conformance with this section,
Verizon may billlCG for the excess Interconnection Trunks at the
applicable rates provided for in the Pricing Attachment, provided that
Verizon sends ICG written notice, in the form of a Trunk Group Service
Request, sixty (60) days prior to sending a bill and such notice
identifies the underutilized trunk groups,
The performance standard on final Two-Way Interconnection Trunks
shall be that no such Interconnection Trunk group will exceed its
design blocking objective (B.005 or B., as applicable) for three (3)
consecutive calendar traffic study months.
Because Verizon will not be in control of the timing and sizing of the
Two-Way Interconnection Trunks between its network and ICG'
network, Verizons performance on these Two-Way Interconnection
Trunk groups (except for maintenance intervals and missed installation
appointments) shall not be subject to any performance measurements
and remedies under this Agreement, and, except as otherwise
required by Applicable Law, under any FCC or Commission approved
carrie,r-to-carrier performance assurance guidelines or plan.
Upon three (3) months prior written notice and with the mutual
agreement of the Parties, either Party may withdraw its traffic from a
Two-Way Interconnection Trunk group and install One-Way
Interconnection Trunks to the applicable POI.
Each Party will route its traffic to the other Party over the End Office
and Tandem Two-Way Interconnection Trunks in accordance with SR-
TAP192, including but not limited to those standards requiring that a
call from either Party to the other Party's End Office will first be routed
to the End Office Interconnection Trunk group between ICG and the
Verizon End Office.
When the Parties implement Two-Way Interconnection Trunks, the
Parties will work cooperatively to calculate a Proportionate Percentage
of Use or "PPU" factor, based on the total number of minutes of Traffic
that each Party originates over the Two-Way Interconnection Trunks.
ICG will pay a percentage of Verizons monthly recurring charges for
the facility on which the Two-Way Interconnection Trunks ride equal to
ICG's percentage of use of the facility as shown by the PPU. The
PPU shall not be applied to calculate the charges for any portion of a
facility that is on ICG's side of ICG'IP, which charges shall be solely
the financial responsibility of ICG. Non-recurring charges for the
facility on which the Two-Way Interconnection Trunks ride shall be
apportioned as follows: (a) for the portion of the Trunks on Verizon
side of the ICG-IP, the non-recurring charges shall be divided equally
between the Parties; and, (b) for the portion of the Trunks on ICG'
side of the ICG-, ICG shall be solely responsible for the non-
recurring charges. Notwithstanding the foregoing provisions of this
Section 2.4., if ICG fails to provide IPs in accordance with this
Agreement, ICG will be responsible for one hundred percent (100%) of
all recurring and non-recurring charges associated with Two-Way
Interconnection Trunk groups untillCG establishes such IPs.
Alternative Interconnection Arrangements
End Point Fiber Meet
In addition to the foregoing methods of Interconnection, and subject to
mutual agreement of the Parties, the Parties may agree to establish an
End Point Fiber Meet arrangement, which may include a SONET
backbone with an optical interface at the OC-n level in accordance with
the terms of this Section. The Fiber Distribution Frame at the ICG
location shall be designated as the POI for both Parties.
The establishment of any End Point Fiber Meet arrangement is
expressly conditioned upon the Parties' reaching prior written
agreement on routing, appropriate sizing and forecasting, equipment,
ordering, provisioning, maintenance, repair, testing, augment, and
compensation, procedures and arrangements, reasonable distance
limitations, and on any other arrangements necessary to implement the
End Point Fiber Meet arrangement.
The Parties will mutually agree upon the types of traffic that will be
delivered over an End Point Fiber Meet arrangement.
Other Interconnection Arrangements 3.2
2.2
To the extent that a Party ("Providing Party") is required by Applicable
Law to provide the other Party interconnection with the Providing
Partys network for the transmission and routing of Telephone
Exchange Service and Exchange Access at a technically feasible point
other than those points of interconnection specified in Sections 2 and
1 above, or by a technically feasible method other than those
methods of interconnection specified in Sections 2 and 3.1 above,
upon request by the other Party, the Providing Party shall provide such
interconnection, pursuant to rates, terms and conditions (including, but
not limited to, terms and conditions with regard to routing, appropriate
sizing and forecasting, equipment, ordering, provisioning,
maintenance, repair, testing, augment, and reasonable distance
limitations) to be negotiated in good faith, and agreed to in writing, by
the Parties. Such interconnection shall be provided in accordance
with, but only to the extent required by, Applicable Law.
Except as otherwise agreed by the Parties, interconnection
arrangements established pursuant to this Section 3.2 shall be used
only for the termination of Reciprocal Compensation Traffic, ISP-
bound Traffic, and IntraLATA Toll Traffic.
Initiating Interconnection
If ICG determines to offer Telephone Exchange Services and to interconnect with
Verizon in any LATA in which Verizon also offers Telephone Exchange Services
and in which the Parties are not already interconnected pursuant to this
Agreement, ICG shall provide written notice to Verizon of the need to establish
Interconnection in such LATA pursuant to this Agreement.
The notice provided in Section 4.1 shall include (a) the initial Routing Point(s); (b)
the applicable POls and ICG-IPs to be established in the relevant LATA in
accordance with this Agreement; (c) ICG's intended Interconnection activation
date; and (d) a forecast of ICG's trunking requirements conforming to Section
14.3; and (e) such other information as Verizon shall reasonably request in order
to facilitate Interconnection.
The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary information as indicated
above. Within ten (10) Business Days of Verizons receipt of ICG's notice
provided for in Section 4., Verizon and ICG shall confirm the POI, Verizon-IP(s),
the ICG-IP(s) and the mutually agreed upon Interconnection activation date for
the new LATA.
Transmission and Routing of Telephone Exchange Service Traffic
Scope of Traffic
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sections 2 through 4 of this Attachment.
Trunk Group Connections and Ordering
Both Parties shall use either a OS-1 or OS-3 interface at the POI.
Upon mutual agreement, the Parties may use other types of
interfaces, such as STS-1, at the POI, when and where available.
When Interconnection Trunks are provisioned using a OS-3 interface
facility, ICG shall order the multiplexed OS-3 facilities to the Verizon
Central Office that is designated in the NECA 4 Tariff as an
Intermediate Hub location, unless otherwise agreed to in writing by
Verizon. The specific NECA 4 Intermediate Hub location to be used
for Two-Way Interconnection Trunks shall be in the appropriate
Tandem subtending area based on the LERG, In the event the
appropriate OS-3 Intermediate Hub is not used, then ICG shall pay
100% of the facility charges for the Two-Way Interconnection Trunks.
In accordance with Section 28 of the General Terms and Conditions,
Verizon will give ICG notice of a planned change in the location of any
OS-3 Intermediate Hub being used by ICG.
Each Party will identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Party when
ordering a trunk group.
Unless mutually agreed to by both Parties, each Party will out pulse
ten (10) digits to the other Party.
2.4Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk engineering
techniques for trunks subject to this Attachment.
Switching System Hierarchy and Trunking Requirements. For
purposes of routing ICG traffic to Verizon, the subtending
arrangements between Verizon Tandem Switches and Verizon End
Office Switches shall be the same as the Tandem/End Office
subtending arrangements Verizon maintains for the routing of its own
or other carriers' traffic. For purposes of routing Verizon traffic to ICG
the subtending arrangements between ICG Tandem Switches and
ICG End Office Switches shall be the same as the Tandem/End Office
subtending arrangements that ICG maintains for the routing of its own
or other carriers' traffic.
Signaling. Each Party will provide the other Party with access to its
databases and associated signaling necessary for the routing and
completion of the other Party's traffic in accordance with the provisions
contained in the Unbundled Network Element Attachment or
applicable access tariff.
Grades of Service.The Parties shall initially engineer and shall
monitor and augment all trunk groups consistent with the Joint
Process as set forth in Section 14.
Traffic Measurement and Billing over Interconnection Trunks
For billing purposes, each Party shall pass Calling Party Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
Interconnection Trunks,
As used in this Section 6, "Traffic Rate" means the applicable
Reciprocal Compensation Traffic rate, ISP-bound Traffic rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastate/interstate Tandem Transit
Traffic rate, as provided in the Pricing Attachment, an applicable
access tariff, or, for ISP-bound Traffic, Section 8.1 of this
nterconnection Attach ment.
If the originating Party passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Party shall bill the originating Party the
Traffic Rate applicable to each relevant minute of traffic for which CPN
is passed. For any remaining (up to 5%) calls without CPN
information, the receiving Party shall bill the originating Party for such
traffic at the Traffic Rate applicable to each relevant minute of traffic, in
direct proportion to the minutes of use of calls passed with CPN
information.
If the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and the originating Party chooses to combine
Reciprocal Compensation Traffic and Toll Traffic on the same trunk
group, the receiving Party shall bill the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffic that is passed without CPN, unless
the Parties agree that other rates should apply to such traffic.
At such time as a receiving Party has the capability, on an automated basis, to
use such CPN to classify traffic delivered over Interconnection Trunks by the
other Party by Traffic Rate type (e., Reciprocal Compensation Traffic/ISP-
bound Traffic, intrastate Switched Exchange Access Service, interstate Switched
Exchange Access Service, or intrastatelinterstate Tandem Transit Traffic), such
receiving Party shall bill the originating Party the Traffic Rate applicable to each
relevant minute of traffic for which CPN is passed. If the receiving Party lacks
the capability, on an automated basis, to use CPN information on an automated
basis to classify traffic delivered by the other Party by Traffic Rate type, the
originating Party will supply Traffic Factor 1 and Traffic Factor 2. The Traffic
Factors shall be supplied in writing by the originating Party within thirty (30) days
of the Effective Date and shall be updated in writing by the originating Party
quarterly. Measurement of billing minutes for purposes of determining
terminating compensation shall be in conversation seconds (the time in seconds
that the Parties' equipment is used for a completed call, measured from the
receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.
g.,
800/888/877) calls shall be in accordance with applicable Tariffs, Determinations
as to whether traffic is Reciprocal Compensation Traffic or ISP-bound Traffic
shall be made in accordance with Paragraphs 8 and 79, and other applicable
provisions, of the FCC Internet Order (including, but not limited to, in accordance
with the rebuttable presumption established by the FCC Internet Order that traffic
delivered to a carrier that exceeds a 3:1 ratio of terminating to originating traffic is
ISP-bound Traffic, and in accordance with the process established by the FCC
Internet Order for rebutting such presumption before the Commission).
The Traffic Factor Updates shall be delivered to the address of each Party as
shown below:
ToICG:To Verizon:
Denise Lewis
161 Inverness Drive
Englewood. CO 80112
As provided at:
www.gte.com/wise
Each Party reserves the right to audit all traffic, up to a maximum of two audits
per calendar year, to ensure that rates are being applied appropriately; provided,
however, that either Party shall have the right to conduct additional audit(s) if the
preceding audit disclosed material errors or discrepancies. Each Party agrees to
provide the necessary traffic data in conjunction with any such audit in a timely
manner.
Nothing in this Agreement shall be construed to limit either Partys ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
Reciprocal ComDensation Arrangements Pursuant to Section 251(b)(5) ofthe Act.
6.4
Reciprocal Compensation Traffic Interconnection Points.
Except as otherwise agreed by the Parties, the Interconnection Points
IPs) from which ICG will provide transport and termination of
Reciprocal Compensation Traffic to its Customers ("ICG-IPs) shall be
as follows:
For each LATA in which ICG requests to interconnect with
Verizon, except as otherwise agreed by the Parties, ICG
shall establish an ICG-IP in each Verizon Local Calling Area
(as defined below) where ICG chooses to assign telephone
numbers to its Customers. ICG shall establish such ICG-
consistent with the methods of interconnection and
interconnection trunking architectures that it will use
pursuant to Section 2 or Section 3 of this Attachment. For
purposes of this Section 7,1 ., Verizon Local Calling
Areas shall be as defined in Verizons effective Customer
Tariffs and applicable Commission orders, and include a
Verizon non-optional Extended Local Calling Scope
Arrangement, but do not include a Verizon Optional
Extended Local Calling Scope Arrangement. If ICG fails to
establish IPs in accordance with the preceding sentences of
this Section 7., (a) Verizon may pursue available
dispute resolution mechanisms; and, (b) ICG shall bill and
Verizon shall pay the End Office Reciprocal Compensation
rate for the relevant traffic less Verizons transport rate
tandem switching rate (to the extent traffic is tandem
switched), and other costs (to the extent that Verizon
purchases such transport from ICG or a third party), from
the originating Verizon End Office to the receiving ICG-IP.
At any time that ICG establishes a Collocation site at a
Verizon End Office in a LATA in which ICG is
interconnected or requesting interconnection with Verizon
either Party may request in writing that such ICG
Collocation site be established as the ICG-IP for traffic
originated by Verizon Customers served by that End Office.
Upon such request, the Parties shall negotiate in good faith
mutually acceptable arrangements for the transition to such
ICG-IP. If the Parties have not reached agreement on such
arrangements within thirty (30) days, (a) either Party may
pursue available dispute resolution mechanisms; and, (b)
ICG shall bill and Verizon shall pay the End Office
Reciprocal Compensation rate for the relevant traffic less
Verizons transport rate, tandem switching rate (to the
extent traffic is tandem switched), and other costs (to the
extent that Verizon purchases such transport from ICG or a
third party), from the originating Verizon End Office to the
receiving ICG-IP.
In any LATA where the Parties are already interconnected
prior to the effective date of this Agreement, the Parties
shall negotiate mutually satisfactory arrangements for the
transition to ICG-IPs that conform to subsections 7.
and 7.2 above. If the Parties have not reached
agreement on such arrangements within one hundred
eighty (180) days, (a) either Party may pursue available
dispute resolution mechanisms; and, (b) ICG shall bill and
Verizon shall pay only the End Office reciprocal
compensation rate for relevant traffic, less Verizon
transport rate, tandem switching rate (to the extent traffic is
tandem switched), and other costs (to the extent that
Verizon purchases such transport from ICG or a third party),
from Verizons originating End Office to the ICG-IP.
Except as otherwise agreed by the Parties, the Interconnection Points
IPs) from which Verizon will provide transport and termination of
Reciprocal Compensation Traffic to its Customers ("Verizon-IPs) shall
be as follows:
For Reciprocal Compensation Traffic delivered by ICG to
the Verizon Tandem subtended by the terminating End
Office serving the Verizon Customer, the Verizon-IP will be
the Verizon Tandem switch.
For Reciprocal Compensation Traffic delivered by ICG to
the Verizon terminating End Office serving the Verizon
Customer, the Verizon-IP will be Verizon End Office switch.
Should either Party (Party A) offer additional IPs or POls to any
Telecommunications Carrier that is not a Party to this Agreement, the
other Party (Party B) may elect, with written notice to Party A, to
deliver traffic to such IPs or POls for the NXXs or functionalities served
by those IPs or POls. Following the giving of such notice by Party B to
Party A, the Parties shall negotiate mutually satisfactory arrangements
for the implementation of such additional IPs or POls. To the extent
that any such ICG-IP or POI is not located at a Collocation site at a
Verizon Tandem Wire Center or Verizon End Office Wire Center, then
ICG shall permit Verizon to establish physical Interconnection through
an arrangement that is operationally equivalent to collocation, or, if
requested by Verizon and available under an ICG Tariff or agreed to
by ICG, by collocation.
Reciprocal Compensation.
The Parties shall compensate each other for the transport and termination of
Reciprocal Compensation Traffic delivered to the terminating Party in accordance
with Section 251 (b)(5) of the Act at the rates stated in the Pricing Attachment.
These rates are to be applied at the ICG-IP for traffic delivered by Verizon for
termination by ICG, and at the Verizon-IP for traffic delivered by ICG for
termination by Verizon. Except as expressly specified in this Agreement, no
additional charges shall apply for the termination from the IP to the Customer of
Reciprocal Compensation Traffic delivered to the Verizon-IP by ICG or the ICG-
IP by Verizon. When such Reciprocal Compensation Traffic is delivered over the
same trunks as Toll Traffic, any port or transport or other applicable access
charges related to the delivery of Toll Traffic from the IP to an end user shall be
prorated to be applied only to the Toll Traffic.
Traffic Not Subject to Reciprocal Compensation.
Reciprocal Compensation shall not apply to traffic that is not subject to
reciprocal compensation under Section 251 (b )(5) of the Act.
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access, Information Access, or exchange services for
Exchange Access or Information Access.
7.4
Reciprocal Compensation shall not apply to Internet Traffic.
3.4Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (101 XXXX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Calling Area Traffic.
Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
Reciprocal Compensation shall not apply to Tandem Transit Traffic.
Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use rates) billed by ICG to Verizon shall not exceed
the Reciprocal Compensation rates (including, but not limited to, Reciprocal
Compensation per minute of use rates) billed by Verizon to ICG.
Other Types of Traffic
Notwithstanding any other provision of this Agreement or any Tariff: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of ISP-bound Traffic shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations; and (b) the Parties' rights and obligations with
respect to any intercarrier compensation that may be due in connection with their
exchange of Internet Traffic other than ISP-bound Traffic shall be governed by
Applicable Law. If the FCC Internet Order or any other FCC order or FCC
Regulation, or any FCC established intercarrier compensation rate, applicable to
ISP-bound Traffic or Internet Traffic is vacated, reversed, revised, modified, or
amended, by a court of competent jurisdiction or the FCC, the Parties shall
promptly renegotiate in good faith and amend in writing this Agreement in
accordance with Section 4 ("Applicable Law) of the General Terms and
Conditions to conform the Agreement to Applicable Law. If the Parties cannot
agree within thirty (30) days of the effective date of such decision or order by a
court of competent jurisdiction or the FCC on the amendment, if any, that is
required to conform the Agreement to Applicable Law pursuant to this Section
, either Party may submit the disagreement to the Commission or to another
governmental body of applicable jurisdiction and the decision resolving such
dispute shall be effective retroactive to the effective date of such decision or
order by a court of competent jurisdiction or the FCC.
Subject to Section 8.1 above, interstate and intrastate Exchange Access,
Information Access, exchange services for Exchange Access or Information
Access, and Toll Traffic, shall be governed by the applicable provisions of this
Agreement and applicable Tariffs.
For any traffic originating with a third party carrier and delivered by ICG to
Verizon, ICG shall pay Verizon the same amount that such third party carrier
would have been obligated to pay Verizon for termination of that traffic at the
location the traffic is delivered to Verizon by ICG.
8.4Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
Interconnection Points.
The IP of a Party ("Receiving Party") for ISP-bound Traffic delivered to
the Receiving Party by the other Party shall be the same as the IP of
the Receiving Party for Reciprocal Compensation Traffic under
Section 7.1 above.
Except as otherwise set forth in the applicable Tariff of a Party
Receiving Party") that receives Toll Traffic from the other Party, the
IP of the Receiving Party for Toll Traffic delivered to the Receiving
Party by the other Party shall be the same as the IP of the Receiving
Party for Reciprocal Compensation Traffic under Section 7.1 above.
The IP for traffic exchanged between the Parties that is not Reciprocal
Compensation Traffic, ISP-bound Traffic or Toll Traffic, shall be as
specified in the applicable provisions of this Agreement or the
applicable Tariff of the receiving Party, or in the absence of applicable
provisions in this Agreement or a Tariff of the receiving Party, as
mutually agreed by the Parties,
Transmission and Routing of Exchange Access Traffic
Scope of Traffic
Section 9 prescribes parameters for certain trunks to be established over the
Interconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between ICG Telephone Exchange Service
Customers and Interexchange Carriers ("Access Toll Connecting Trunks), in any
case where ICG elects to have its End Office Switch subtend a Verizon Tandem,
This includes casually dialed (101 XXXX) traffic.
Access Toll Connecting Trunk Group Architecture
If ICG chooses to subtend a Verizon access Tandem, ICG's NPAlNXX
must be assigned by ICG to subtend the same Verizon access
Tandem that a Verizon NPAlNXX serving the same Rate Center
subtends as identified in the LERG.
ICG shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it will provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchange Carriers to originate and terminate traffic to and from
ICG's Customers.
The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office ICG utilizes to provide Telephone
Exchange Service and Switched Exchange Access to its Customers in
a given LATA to the Tandem Verizon utilizes to provide Exchange
Access in such LATA,
2.4Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow ICG'
10.
Customers to connect to or be connected to the interexchange trunks
of any Interexchange Carrier which is connected to a Verizon access
tandem.
10.
Meet-Point Billing Arrangements
10,
10.
10.4
10,
ICG and Verizon will establish Meet-Point Billing ("MPB") arrangements in order
to provide a common transport option to Switched Access Services customers
via a Verizon access Tandem Switch in accordance with the Meet Point Billing
guidelines contained in the OBF's MECAB, SECAB and MECOD documents
except as modified herein and in Verizon s applicable Tariffs. The arrangements
described in this Section 10 are intended to be used to provide Switched
Exchange Access Service that originates and/or terminates on Telephone
Exchange Service that is provided by either Party, where the transport
component of the Switched Exchange Access Service is routed through an
access Tandem Switch that is provided by Verizon.
In each LATA, the Parties shall establish MPB arrangements between the
applicable Routing PoinWerizon Serving Wire Center combinations.
Interconnection for the MPB arrangement shall occur at the Verizon access
Tandems in the LATA, unless otherwise agreed to by the Parties.
ICG and Verizon will use reasonable efforts, individually and collectively, to
maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association ("NECA") Tariff No., or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
In general, there are four alternative Meet-Point Billing arrangements possible,
which are:
10.Single Bill/Single Tariff' in which a single bill is presented to the
Interexchange Carrier and each Local Exchange Carrier involved
applies rates for its portion of the services from the same Tariff.
10,Multiple Bill/Single Tariff' in which each involved Local Exchange
Carrier presents separate bills to the Interexchange Carrier and each
Local Exchange Carrier involved applies rates for its portion of the
service from the same Tariff.
10.Multiple Bill/Multiple Tariff' in which each involved Local Exchange
Carrier presents separate bill to the Interexchange Carrier and each
Local Exchange Carrier involved applies rates for its portion of the
service from its own Tariff.
10.5.4 Single Bill/Multiple Tariff' in which a single bill is presented to the
Interexchange Carrier and each Local Exchange Carrier involved
applies rates for its portion of the service from its own Tariff.
Each Party shall implement the "Multiple Bill/Single Tariff' or "Multiple Bill/Multiple
Tariff' option , as appropriate, in order to bill an IXC for the portion of the jointly
provided Telecommunications Service provided by that Party. Alternatively, in
former Bell Atlantic service areas, upon agreement of the Parties, each Party
may use the New York State Access Pool on its behalf to implement the Single
Bill/Multiple Tariff or Single Bill/Single Tariff option, as appropriate, in order to bill
an IXC for the portion of the jointly provided Telecommunications Service
10.
10.
10.
provided by each Party.
The rate elements to be billed by each Party shall be as set forth in that Party'
applicable Tariffs. The actual rate values for each Party's affected Switched
Exchange Access Service rate element shall be the rates contained in that
Party s own effective federal and state access Tariffs, or other document that
contains the terms under which that Party's access services are offered. The
MPB billing percentages for each Routing PoinWerizon Serving Wire Center
combination shall be calculated in accordance with the formula set forth in
Section 10,15.
Each Party shall provide the other Party with the billing name, billing address,
and Carrier Identification Code ("CIC") of the IXC, and identification of the
Verizon Wire Center serving the IXC in order to comply with the MPB notification
process as outlined in the MECAB document.
Verizon shall provide ICG with the Switched Access Detail Usage Data (EMI
category 1101 XX records) on magnetic tape or via such other media as the
Parties may agree to, no later than ten (10) Business Days after the date the
usage occurred.
ICG shall provide Verizon with the Switched Access Summary Usage Data (EMI
category 1150XX records) on magnetic tape or via such other media as the
Parties may agree, no later than ten (10) Business Days after the date of its
rendering of the bill to the relevant IXC, which bill shall be rendered no less
frequently than monthly.
10,10 All usage data to be provided pursuant to Sections 10.8 and 10,9 shall be sent to
the following addresses:
10.
ToICG:
Denise Lewis
ICG Communications, Inc.
161 Inverness Drive
Englewood, CO 80112
For Verizon:
Verizon Data Services
ATTN: MPB
1 East Telecom Parkway
Dock K
Temple Terrace FL 33637
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions
10.ICG and Verizon shall coordinate and exchange the billing account reference
BAR") and billing account cross reference ("BACR") numbers or Operating
Company Number ("OCN"), as appropriate, for the MPB arrangements described
in this Section 10. Each Party shall notify the other if the level of billing or other
BARIBACR elements change, resulting in a new BARIBACR number, or if the
OCN changes.
10.12 Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within ninety (90) calendar days of the receipt of the
original data. The other party shall attempt to correct the error and resubmit the
data within (ten) 10 Business Days of the notification. In the event the errors
cannot be corrected within such (ten) 10-Business Day period, the erroneous
data will be considered lost. In the event of a loss of data, whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours, A Party may conduct
additional audits, at its expense, upon the other Party's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party, MPB will apply for all
traffic bearing the 500, 900, toll free service access code (e.g. 800/888/877) (to
the extent provided by an IXC) or any other non-geographic NPA which may be
designated for such traffic in the future.
10.15 In the event ICG determines to offer Telephone Exchange Services in another
LATA in which Verizon operates an access Tandem Switch, Verizon shall permit
and enable ICG to subtend the Verizon access Tandem Switch(es) designated
for the Verizon End Offices in the area where the ICG Routing Point(s)
associated with the NPA NXX(s) to/from which the Switched Exchange Access
Services are homed. Except as otherwise mutually agreed by the Parties, the
MPB billing percentages for each Routing PoinWerizon Serving Wire Center
combination shall be calculated according to the following formula, unless as
mutually agreed to by the Parties:
a / (a + b)ICG Billing Percentage
and
b/(a+b)Verizon Billing Percentage
where:
the airline mileage between ICG Routing Point and the actual
point of interconnection for the MPB arrangement; and
the airline mileage between the Verizon serving Wire Center and
the actual point of interconnection for the MPB arrangement.
10.16 ICG shall inform Verizon of each LATA in which it intends to offer Telephone
Exchange Services and its calculation of the billing percentages which should
apply for such arrangement. Within ten (10) Business Days of ICG's delivery of
notice to Verizon, Verizon and ICG shall confirm the Routing PointlVerizon
Serving Wire Center combination and billing percentages.
11.Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.g., 800/888/877) ("800") calls to the other Party.
11.
11.
11.
11.4
When ICG delivers toll free service access code calls that have been queried to
an "800" database to Verizon for delivery
11.to an IXC:
ICG shall provide an appropriate EMI record to Verizon for processing and Meet
Point Billing in accordance with Section 10 above; and ICG shall bill the IXC the
ICG query charge associated with the call.
11,to Verizon or another LEC that is a toll free service access code
service provider in the LATA:
11.ICG shall provide an appropriate EMI record to the toll free
service access code service provider; and
ICG's Tariffed Feature Group D ("FGD") Switched Exchange Access or
Reciprocal Compensation charges, as applicable, and the ICG query charge,
shall be assessed to the toll free service access code service provider; and
Verizon shall assess applicable Tandem Transit Service charges and associated
pass-through charges to ICG,
When Verizon delivers toll free service access code calls that have been queried
to an "800" database, originated by Verizon s or another LEC's Customers, to
ICG:
11 .4,where the queried call is an intraLA T A call that is handed off to ICG in
ICG's capacity as a toll free service access code service provider:
11.4.Verizon shall billlCG the Verizon query charge associated with the call
as specified in the Pricing Attachment; and
11.4.Verizon shall provide an appropriate EMI record to ICG; and
11,
11.4.2 Verizon s Tariffed FGD Switched Exchange Access or
Reciprocal Compensation charges shall be billed to ICG as
applicable.
Unqueried Toll Free Service Access Code (e.g.. 800/88/8/877) Traffic
If ICG chooses Verizon to handle toll free service access code (e.
g.,
800/888/877)
800") database queries from ICG's central office switches, alllCG originating
800 traffic will be routed over a separate 800 trunk group. The 800 trunk group
will be one-way from ICG to Verizon. Verizon will perform the query and route the
call appropriately.
11.When the 800 call is routed to an IXC:
Verizon will query the call and route the call to the
appropriate IXC.
11,Verizon shall provide an appropriate EMI record to ICG to
facilitate billing to the IXC.
11.
11,
11.Verizon shall bill the IXC the Verizon query charge associated with the
call and any other applicable Verizon charges.
11,When the 800 call is an IntraLATA call routed to Verizon or another
LEC that is a toll free service access code service provider in the
LATA:
11.Verizon will query the call and route the call to the
appropriate LEC toll free service access code service
provider.
11.Verizon shall provide an appropriate EMI record to ICG to
facilitate billing to the LEC toll free service access code
service provider
11.Verizon. shall bill the LEC toll free service access code
service provider the query charge associated with the call
and any other applicable Verizon charges.
Verizon will not direct unqueried toll free service access code call to ICG.
12.
Tandem Transit Traffic12.
12.
12.
12.4
12.
As used in this Section 12, Tandem Transit Traffic is Telephone Exchange
Service traffic that originates on ICG's network, and is transported through a
Verizon Tandem to the Central Office of a CLEC, ILEC other than Verizon,
Commercial Mobile Radio Service (CMRS) carrier, or other LEC, that subtends
the relevant Verizon Tandem to which ICG delivers such traffic. Neither the
originating nor terminating customer is a Customer of Verizon. Subtending
Central Offices shall be determined in accordance with and as identified in the
Local Exchange Routing Guide (LERG). Switched Exchange Access Service
traffic is not Tandem Transit Traffic.
Tandem Transit Traffic Service provides ICG with the transport of Tandem
Transit Traffic as provided below.
Tandem Transit Traffic may be routed over the Interconnection Trunks described
in Sections 3 through 6. ICG shall deliver each Tandem Transit Traffic call to
Verizon with CCS and the appropriate Transactional Capabilities Application Part
TCAP") message to facilitate full interoperability of CLASS Features and billing
functions. The Parties will mutually agree to the types of records to be
exchanged until industry standards are established and implemented.
ICG shall exercise its best efforts to enter into a reciprocal Telephone Exchange
Service traffic arrangement (either via written agreement or mutual Tariffs) with
any CLEC, ILEC, CMRS carrier, or other LEC, to which it delivers Telephone
Exchange Service traffic that transits Verizon s Tandem Office. If ICG does not
enter into and provide notice to Verizon of the above referenced arrangement
within 180 days of the initial traffic exchange with relevant third party carriers,
then Verizon may, at its sole discretion, terminate Tandem Transit Service at
anytime upon thirty (30) days written notice to ICG.
ICG shall pay Verizon for Transit Service that ICG originates at the rate specified
in the Pricing Attachment, plus any additional charges or costs the receiving
CLEC, ILEC, CMRS carrier, or other LEC, imposes or levies on Verizon for the
delivery or termination of such traffic, including any Switched Exchange Access
Service charges,
12.
12.
12.
Verizon will not provide Tandem Transit Traffic Service for Tandem Transit
Traffic to be delivered to a CLEC, ILEC , CMRS carrier, or other LEC, if the
volume of Tandem Transit Traffic to be delivered to that carrier exceeds one (1)
DS1 level volume of calls for two (2) consecutive months. Verizon will give ICG
sixty (60) days advance written notice of its intent to terminate provision of
Tandem Transit Traffic Service pursuant to the preceding sentence.
If or when a third party carrier s Central Office subtends a ICG Central Office
then ICG shall offer to Verizon a service arrangement equivalent to or the same
as Tandem Transit Service provided by Verizon to ICG as defined in this Section
12 such that Verizon may terminate calls to a Central Office of a CLEC, ILEC,
CMRS carrier, or other LEC, that subtends a ICG Central Office ("Reciprocal
Tandem Transit Service ). ICG shall offer such Reciprocal Transit Service
arrangements under terms and conditions no less favorable than those provided
in this Section 12.
Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal traffic exchange agreement with any carrier to which it
originates, or from which it terminates, traffic.
13,
Number Resources, Rate Centers and Routing Points13.
13.
Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party s right to employ or to request and be assigned
any Central Office Codes ("NXX") pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Centers
and Routing Points corresponding to such NXX codes.
It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Party s assigned
NXX codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, ICG shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Verizon within the LATA and Tandem serving area, in all areas where Verizon
and ICG service areas overlap. ICG shall assign whole NPA-NXX codes to each
Rate Center Area unless otherwise ordered by the FCC, the Commission or
another governmental entity of appropriate jurisdiction, or the LEC industry
adopts alternative methods of utilizing NXXs (such as number pooling).
ICG will also designate a Routing Point for each assigned NXX code. ICG shall
designate one location for each Rate Center Area in which the ICG has
established NXX code(s) as the Routing Point for the NPA-NXXs associated with
that Rate Center, and such Routing Point shall be within the same LATA as the
Rate Center Area but not necessarily within the Rate Center Area itself. Unless
specified otherwise, calls to subsequent NXXs of ICG will be routed in
accordance with the LERG.
13.4
13.Notwithstanding anything to the contrary contained herein, nothing in this
Agreement is intended, and nothing in this Agreement shall be construed, to in
any way constrain ICG's choices regarding the size of the local calling area(s)
that ICG may establish for its Customers, which local calling areas may be larger
than, smaller than, or identical to Verizon s local calling areas.
14.Joint Network Implementation and Grooming Process; and Installation,
Maintenance, Testing and Repair
14.
14.
14.
Joint Network Implementation and Grooming Process
Upon request of either Party, the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process" or "Joint Process ) which
may define and detail, inter alia.
14.standards to ensure that Interconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
on interoffice trunks within Verizon s network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of 8.01.
the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
14.
14.
14,1.4
disaster recovery provision escalations;
14.
additional technically feasible POls and geographically relevant IP(s) in
a LATA as provided in Section 2; and
such other matters as the Parties may agree, including, e.g., End
Office to End Office high usage trunks as good engineering practices
may dictate.
Installation, Maintenance, Testing and Repair.
Unless otherwise agreed in writing by the Parties, to the extent required by
Applicable Law, Interconnection provided by a Party shall be equal in quality to
that provided by such Party to itself, any subsidiary, affiliates or third party. If
either Party is unable to fulfill its obligations under this Section 14,, it shall notify
the other Party of its inability to do so and will negotiate alternative intervals in
good faith. The Parties agree that to the extent required by Applicable Law, the
standards to be used by a Party for isolating and clearing any disconnections
and/or other outages or troubles shall be at parity with standards used by such
Party with respect to itself, any subsidiary, affiliate or third party.
Forecasting Requirements for Trunk Provisioning
Within ninety (90) days of executing this Agreement, ICG shall provide Verizon a
two (2) year traffic forecast. This initial forecast will provide the amount of traffic
to be delivered to and from Verizon over each of the Interconnection Trunk
groups over the next eight (8) quarters. The forecast shall be updated and
provided to Verizon semiannually, and, to the extent commercially practicable, at
such other times as may be reasonably requested by Verizon. All forecasts shall
comply with the Verizon CLEC Interconnection Trunking Forecast Guide and
shall include, at a minimum, Access Carrier Terminal Location ("ACTL"), traffic
type (Reciprocal Compensation Traffic/Toll Traffic, Operator Services, 911 , etc.
code (identifies trunk group), A location/Z location (CLL! codes for ICG-IPs and
Verizon-IPs), interface type (e., DS1), and trunks in service each year
(cumulative).
15.
14.Initial ForecastslTrunking Reauirements. Because Verizon s trunking
requirements will, at least during an initial period, be dependent on the
Customer segments and service segments within Customer segments
to whom ICG decides to market its services, Verizon will be largely
dependent on ICG to provide accurate trunk forecasts for both inbound
(from Verizon) and outbound (to Verizon) traffic. Verizon may, as an
initial matter provide the same number of trunks to terminate
Reciprocal Compensation Traffic to ICG as ICG provides to terminate
Reciprocal Compensation Traffic to Verizon. At Verizon s discretion
when ICG expressly identifies particular situations that are expected to
produce traffic that is substantially skewed in either the inbound or
outbound direction, Verizon will provide the number of trunks ICG
suggests; provided, however, that in all cases Verizon s provision
the forecasted number of trunks to ICG is conditioned on the following:
that such forecast is based on reasonable engineering criteria, there
are no capacity constraints, and ICG's previous forecasts have proven
to be reliable and accurate. Utilization of existing trunk groups,
compared against the target utilization levels provided in Section
2.4.11 , will be the criteria that Verizon will use to assess whether
ICG's previous forecasts were reliable and accurate. If, based on
reasonable engineering criteria and capacity constraints, Verizon
determines that any trunks in a trunk group are not warranted, Verizon
may disconnect such trunks.
15.
Number Portability - Section 251(8)(2)
15.
Scope
The Parties shall provide Number Portability ("NP") in accordance with rules and
regulations as from time to time prescribed by the FCC.
Procedures for Providing LNP ("Long-term Number Portability"
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and adopted by the FCC. In addition, the
Parties agree to follow the LNP ordering procedures established at the Ordering
And Billing Forum (OBF). The Parties shall provide LNP on a reciprocal basis.
15.A Customer of one Party ("Party A") elects to become a Customer
the other Party ("Party B"). The Customer elects to utilize the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received a letter of agency (LOA) from an end user
customer and sends a LSR to Party A, Parties A and B will work
together to port the customer s telephone number(s) from Party A'
network to Party B's network. It is Party B's responsibility to maintain
a file of all LOAs and Party A may request, upon reasonable notice, a
copy of the LOA.
When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported number(s) from its Line Information Database ("LlDB"
Reactivation of the line-based calling card in another LlDB, if desired,
is the responsibility of Party B or Party B's customer,
15,
15.
15.
15.2.4
15,
15.
15,
15.
When a customer of Party A ports their telephone numbers to Party B
and the customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the customer. Party B may request that Party A port all reserved
numbers assigned to the customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the customer, Party A shall not reassign
those numbers, Party B shall not reassign the reserved numbers to
another end user customer.
When a customer of Party A ports their telephone numbers to Party B
in the process of porting the customer s telephone numbers, Party A
shall implement the ten-digit trigger feature where it is available. When
Party A receives the porting request, the unconditional trigger shall be
applied to the customer s line before the due date of the porting
activity. When the ten-digit unconditional trigger is not available, Party
A and Party B must coordinate the disconnect activity.
The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM), containing a
Local Exchange Routing Guide (LERG)-assigned NPA-NXX (6 digits)
identifying the originating switch on calls originating from LNP capable
switches.
Where LNP is commercially available, the NXXs in the office shall be
defined as portable, except as noted in 15., and translations will be
changed in the Parties' switches to open those NXXs for database
queries in all applicable LNP capable offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LERG,
All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging,
cellular and wireless services; codes assigned for internal testing and
official use and any other NXX codes required to be designated as
non-portable by the rules and regulations of the FCC. NXX codes
assigned to mass calling on a choked network may not be ported
using LNP technology but are portable using methods established by
the NANC and adopted by the FCC, On a prospective basis, newly
assigned codes in switches capable of porting shall become
commercially available for porting with the effective date in the
network.
Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
Procedures for Providing NP Throuqh Full NXX Code Migration
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused , if such Customer chooses to receive Telephone Exchange Service from
15.4
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer.
Procedures for Providinq INP (Interim Number Portability)
The Parties shall provide Interim Number Portability ("INP") in accordance with
rules and regulations prescribed from time to time by the FCC and state
regulatory bodies, the Parties respective company procedures, and as set forth in
this Section 15.4. The Parties shall provide INP on a reciprocal basis.
15.4.In the event that either Party, Party B, wishes to serve a Customer
currently served at an End Office of the other Party, Party A, and that
End Office is not LNP-capable, Party A shall make INP available. INP
will be provided by remote call forwarding (RCF) and/or direct inward
dialing (DID) technology, which will forward terminating calls to Party
s End Office. Party B shall provide Party A with an appropriate
forward-" number.
15.4.Prices for INP and formulas for sharing Terminating access revenues
associated with INP shall be provided where applicable, upon request
by ICG.
15.4.3 Either Party wishing to use DID to provide for INP must request a
dedicated trunk group from the End Office where the DID numbers are
currently served to the new serving-End Office. If there are no existing
facilities between the respective End Offices, the dedicated facilities
and transport trunks will be provisioned as unbundled service through
the ASR provisioning process. The requesting party will reroute the
DID numbers to the pre-positioned trunk group using the LSR
provisioning process, DID trunk rates are contained in the Parties
respective tariffs.
15.4.4 The Parties Agree that, per FCC 98-275, Paragraph 16, effective upon
the date LNP is available at any End Office of one Party, Party A
providing INP for Customers of the other Party, Party B, no further
orders will be accepted for new INP at that End Office. Orders for new
INP received prior to that date, and change orders for existing INP,
shall be worked by Party A, Orders for new INP received by Party A
on or after that date shall be rejected. Existing INP will be
grandfathered , subject to Section 15.4.5, below,
In offices equipped with LNP prior to September 1, 1999 for former Bell
Atlantic offices and October 1 , 2000 for former GTE offices, the Parties
agree to work together to convert all existing INP-served Customers to
LNP by December 31 , 2000 in accordance with a mutually agreed to
conversion process and schedule. If mutually agreed to by the
Parties, the conversion period may be extended one time by no more
than 90 days from December 31 2000.
15.4.
15.4.Upon availability of LNP after October 1, 2000 at an End Office of
either Party, both Parties agree to work together to convert the existing
15.
15.4.
INP-served Customers to LNP by no later than 90 days from the date
of LNP availability unless otherwise agreed to by the Parties,
When , through no fault of Verizon s, alllNP have not been converted
to LNP at the end of the agreed to conversion period, then the
remaining INPs will be changed to a functionally equivalent tariff
service and billed to the CLEC at the tariff rate(s) for the subject
jurisdiction.
Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that Verizon
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC rules.
15,
15.
If Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a BFR to
the Party A. Party A respond to the Party B, within ten (10) days of
receipt of the BFR, with a date for which LNP will be available in the
requested End Office. Party A shall proceed to provide for LNP in
compliance with the procedures and timelines set forth in FCC 96-286,
Paragraph 80, and FCC 97-, Paragraphs 65 through 67.
The Parties acknowledge that each can determine the LNP-capable
End Offices of the other through the Local Exchange Routing Guide
(LERG). In addition the Parties shall make information available upon
request showing their respective LNP-capable End Offices, as set
forth in this Section 15.5.
RESALE ATTACHMENT
General
The rates, terms, and conditions for Resale are set forth in Verizon s Resale Tariff
Schedule Gal. P.C. No. K-5 as amended from time to time.
General
NETWORK ELEMENTS ATTACHMENT
Verizon shall provide to ICG, in accordance with this Agreement (including, but
not limited to, Verizon s applicable Tariffs) and the requirements of Applicable
Law, access to Verizon s Network Elements on an unbundled basis and in
combinations (Combinations); provided , however, that notwithstanding any other
provision of this Agreement, Verizon shall be obligated to provide unbundled
Network Elements (UNEs) and Combinations to ICG only to the extent required
by Applicable Law and may decline to provide UNEs or Combination to ICG to
the extent that provision of such UNEs or Combination are not required by
Applicable Law.
Except as otherwise required by Applicable Law: (a) Verizon shall be obligated
to provide a UNE or Combination pursuant to this Agreement only to the extent
such UNE or Combination, and the equipment and facilities necessary to provide
such UNE or Combination, are available in Verizon s network; (b) Verizon shall
have no obligation to construct or deploy new facilities or equipment to offer any
UNE or Combination; and, (c) Verizon shall not be obligated to combine Network
Elements that are not already combined in Verizon s network. Except as
otherwise required by Applicable Law, Verizon shall not be obligated, and may
decline, to provide a UNE or Combination to ICG, if ICG, either itself or through a
third party (e., ICG's Customer), has ordered Telecommunications Services
from Verizon in order to impose on Verizon an obligation to provide such UNE or
a Combination. For example, except as otherwise required by Applicable Law,
Verizon shall not be obligated, and may decline, to provide a UNE or
Combination to ICG if ICG ordered Telecommunications Services or advised its
Customer to order Telecommunications Services where the UNE or Combination
desired by ICG was not available in order to permit ICG to subsequently convert
the Telecommunications Services to the UNE or Combination desired by ICG.
ICG may use a UNE or Combination only for those purposes for which Verizon is
required by Applicable Law to provide such UNE or Combination to ICG. Without
limiting the foregoing, ICG may use a UNE or Combination (a) only to provide a
Telecommunications Service and (b) to provide Exchange Access services only
to the extent that Verizon is required by Applicable Law to provide such UNE or
Combination to ICG in order to allow ICG to provide such Exchange Access
services.
1.4 Notwithstanding any other provision of this Agreement:
1.4.1 To the extent that Verizon is required by a change in Applicable Law to
provide a UNE or Combination not offered under this Agreement to
ICG as of the Effective Date, the terms, conditions and prices for such
UNE or Combination (including, but not limited to, the terms and
conditions defining the UNE or Combination and stating when and
where the UNE or Combination will be available and how it will be
used, and terms, conditions and prices for pre-ordering, ordering,
provisioning, repair, maintenance and billing) shall be as provided in
an applicable Tariff of Verizon, or, in the absence of an applicable
Verizon Tariff, as mutually agreed by the Parties.
Verizon shall not be obligated to provide to ICG , and ICG shall not
request from Verizon, access to a proprietary advanced intelligent
network service.
1.4,
Without limiting Verizon s rights pursuant to Applicable Law or any other section
of this Agreement to terminate its provision of a UNE or a Combination, if Verizon
provides a UNE or Combination to ICG, and the Commission, the FCC, a court or
other governmental body of appropriate jurisdiction determines or has
determined that Verizon is not required by Applicable Law to provide such UNE
or Combination, Verizon may terminate its provision of such UNE or Combination
to ICG.
Nothing contained in this Agreement shall be deemed to constitute an agreement
by Verizon that any item identified in this Agreement as a UNE is (i) a Network
Element under Applicable Law, or (ii) a Network Element Verizon is required by
Applicable Law to provide to ICG on an unbundled basis.
Except as otherwise expressly stated in this Agreement, ICG shall access
Verizon s UNEs specifically identified in this Agreement via Collocation in
accordance with the Collocation Attachment at the Verizon Wire Center where
those elements exist, and each Loop or Port shall, in the case of Collocation, be
delivered to ICG's Collocation node by means of a Cross Connection.
If as the result of ICG Customer actions (Le., Customer Not Ready ("CNR"
)),
Verizon cannot complete requested work activity when a technician has been
dispatched to the ICG Customer premises, ICG will be assessed a non-recurring
charge associated with this visit. This charge will be the sum of the applicable
Service Order charge specified in the Pricing Attachment and the Premises Visit
Charge as specified in Verizon s applicable retail or Wholesale Tariff.
Verizon s Provision of UNEs
Subject to the conditions set forth in Section 1 , in accordance with , but only to the extent
required by, Applicable Law, Verizon shall provide ICG access to the following:
Loops, as set forth in Section 3;
Line Sharing, as set forth in Section 4;
2.4
Line Splitting, as set forth in Section 5;
Sub-Loops , as set forth in Section 6;
Inside Wire, as set forth in Section 7;
Dark Fiber, as set forth in Section 8;
Network Interface Device, as set forth in Section 9;
Switching Elements, as set forth in Section 10;
Interoffice Transmission Facilities, as set forth in Section 11;
Signaling Networks and Call-Related Databases, as set forth in Section 12;
Operations Support Systems, as set forth in Section 13; and
Other UNEs in accordance with Section 14.
Loop Transmission Types
Subject to the conditions set forth in Section 1 , Verizon shall allow ICG to access Loops
unbundled from local switching and local transport, in accordance with the terms and
conditions set forth in this Section 3. Verizon shall allow ICG access to Loops in
accordance with, but only to extent required by, Applicable Law. The available Loop
types are as set forth below:
2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an effective 2-wire
channel with 2-wire interfaces at each end that is suitable for the transport of
analog Voice Grade (nominal 300 to 3000 Hz) signals and loop-start signaling.
This Loop type is more fully described in Verizon TR-72565, as revised from
time-to-time. If "Customer-Specified Signaling" is requested, the Loop will
operate with one of the following signaling types that may be specified when the
Loop is ordered: loop-start, ground-start, loop-reverse-battery, and no signaling.
Customer specified signaling is more fully described in Verizon TR-72570, as
revised from time-to-time.
Wire Analog Voice Grade Loop" or "Analog 4W" provides an effective 4-wire
channel with 4-wire interfaces at each end that is suitable for the transport of
analog Voice Grade (nominal 300 to 3000 Hz) signals. This Loop type will
operate with one of the following signaling types that may be specified when the
service is ordered: loop-start, ground-start, loop-reverse-battery, duplex, and no
signaling. This Loop type is more fully described in Bell Atlantic TR-72570, as
revised from time-to-time.
Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel with 2-wire
interfaces at each end that is suitable for the transport of 160 kbps digital
services using the ISDN 2B1 Q line code as described in ANSI T1.601-1998 and
Verizon TR 72575 (, as TR 72575 is revised from time-to-time). In some cases
loop extension equipment may be necessary to bring the line loss within
acceptable levels. Verizon will provide loop extension equipment only upon
request. A separate charge will apply for loop extension equipment.
Wire ADSL-Compatible Loop" or "ADSL 2W" provides a channel with 2-wire
interfaces at each end that is suitable for the transport of digital signals up to 8
Mbps toward the Customer and up to 1 Mbps from the Customer. ADSL-
Compatible Loops will be available only where existing copper facilities are
available and meet applicable specifications, Verizon will not build new copper
facilities. The upstream and downstream ADSL power spectral density masks
and dc line power limits in Verizon TR 72575, Issue 2, as revised from time-to-
time, must be met.
3.4
Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2-wire non-
loaded, twisted copper pair that meets the carrier serving area design criteria.
The HDSL power spectral density mask and dc line power limits referenced in
Verizon TR 72575, Issue 2 , as revised from time-to-time, must be met. 2-wire
HDSL-compatible local loops will be provided only where existing facilities are
available and can meet applicable specifications. Verizon will not build new
copper facilities. The 2-wire HDSL-compatible loop is only available in former
Bell Atlantic service areas. ICG may order a GTE Designed Digital Loop to
provide similar capability in the GTE service area.
Wire HDSL-Compatible Loop" or "HDSL 4W" consists of two 2-wire non-
loaded, twisted copper pairs that meet the carrier serving area design criteria.
The HDSL power spectral density mask and dc line power limits referenced in
Verizon TR 72575, Issue 2, as revised from time-to-time, must be met. 4-Wire
HDSL-compatible local loops will be provided only where existing facilities are
available and can meet applicable specifications. Verizon will not build new
copper facilities.
Wire DS1-compatible Loop" provides a channel with 4-wire interfaces at each
end. Each 4-wire channel is suitable for the transport of 1.544 Mbps digital
signals simultaneously in both directions using PCM line code. DS-1-compatible
Loops will be available only where existing facilities can meet the specifications
in ANSI T1.403 and Verizon TR 72575 (as TR 72575 is revised from time-to-
time),
Wire IDSL-Compatible Metallic Loop" consists of a single 2-wire non-loaded,
twisted copper pair that meets revised resistance design criteria. This UNE loop,
is intended to be used with very-low band symmetric DSL systems that meet the
Class 1 signal power limits and other criteria in the draft T1 E1.4 loop spectrum
management standard (T1 E1.4/2000-002R3) and are not compatible with 2B1
160 kbps ISDN transport systems. The actual data rate achieved depends upon
the performance of GLEe-provided modems with the electrical characteristics
associated with the loop. This loop cannot be provided via UDLC. IDLC-
compatible local loops will be provided only where facilities are available and can
meet applicable specifications. Verizon will not build new copper facilities.
Wire SDSL-Compatible Loop , is intended to be used with low band symmetric
DSL systems that meet the Class 2 signal power limits and other criteria in the
draft T1 E1.4 loop spectrum management standard (T1 E1.4/2000-002R3). This
UNE loop consists of a single 2-wire non-loaded, twisted copper pair that meets
Class 2 length limit in T1 E1.4/2000-002R3. The data rate achieved depends on
the performance of the GLEe-provided modems with the electrical characteristics
associated with the loop. SDSL-compatible local loops will be provided only
where facilities are available and can meet applicable specifications. Verizon will
not build new copper facilities.
Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission path that is
suitable for the transport of digital data at a synchronous rate of 56 kbps in
opposite directions on such Loop simultaneously. A 4-Wire 56 kbps Loop
consists of two pairs of non-loaded copper wires with no intermediate electronics
or it consists of universal digital loop carrier with 56 kbps DDS dataport transport
capability. Verizon shall provide 4-Wire 56 kbps Loops to ICG in accordance
with, and subject to, the technical specifications set forth in Verizon Technical
Reference TR72575, Issue 2, as revised from time-to-time
DS-3 Loops" will support the transmission of isochronous bipolar serial data at a
rate of 44.736 Mbps or the equivalent of 28 DS-1 channels, The DS-3 Loop
includes the electronics necessary to provide the DS-3 transmission rate. A DS-
3 Loop will only be provided where the electronics are at the requested
installation date currently available for the requested loop. Verizon will not install
new electronics. DS-3 specifications are referenced in Verizon s TR72575 as
revised from time to time).
Digital Designed Loops" are comprised of designed loops that meet specific ICG
requirements for metallic loops over 18k ft. or for conditioning of ADSL, HDSL,
SDSL, IDSL, or BRIISDN Loops. "Digital Designed Loops" may include requests
for:
12.a 2W Digital Designed Metallic Loop with a total loop length of 18k to
30k ft., unloaded, with the option to remove bridged tap;
12.
12.
12.4
12,
12,
12.
12,
a 2W ADSL Loop of 12k to 18k ft. with an option to remove bridged
tap;
a 2W ADSL Loop of less than 12k ft. with an option to remove bridged
tap;
a 2W HDSL Loop of less than 12k ft. with an option to remove bridged
tap:
a 4W HDSL Loop of less than 12k ft with an option to remove bridged
tap;
a 2 W Digital Designed Metallic Loop with Verizon-placed ISDN loop
extension electronics;
a 2W SDSL Loop with an option to remove bridged tap;
a 2W IDSL Loop of less than 18k ft. with an option to remove bridged
tap; and
Verizon shall make Digital Designed Loops available to ICG at the rates as set
forth in the Pricing Attachment.
The following ordering procedures shall apply to the xDSL and Digital Designed
Loops:
14.
14,
14.
14.4
ICG shall place orders for Digital Designed Loops by delivering to
Verizon a valid electronic transmittal service order or other mutually
agreed upon type of service order. Such service order shall be
provided in accordance with industry format and specifications or such
format and specifications as may be agreed to by the Parties.
Verizon is conducting a mechanized survey of existing Loop facilities,
on a Central Office by Central Office basis, to identify those Loops that
meet the applicable technical characteristics established by Verizon
for compatibility with ADSL, HDSL, IDSL and SDSL signals, The
results of this survey will be stored in a mechanized database and
made available to ICG as the process is completed in each Central
Office. ICG must utilize this mechanized loop qualification database,
where available, in advance of submitting a valid electronic transmittal
service order for an ADSL, HDSL, IDSL or SDSL Loop. Charges for
mechanized loop qualification information are set forth in the Pricing
Attachment.
If the Loop is not listed in the mechanized database described in
Section 3.14,, ICG must request a manual loop qualification prior to
submitting a valid electronic service order for an ADSL, HDSL, SDSL
IDSL, or BRIISDN Loop, The rates for manual loop qualification are
set forth in the Pricing Attachment. In general, Verizon will complete a
manual loop qualification request within three Business Days, although
Verizon may require additional time due to poor record conditions,
spikes in demand, or other unforeseen events.
If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e,g" because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), ICG may request an Engineering Query, as
described in Section 3.14.6, to determine whether the result is due to
characteristics of the loop itself.
14.If ICG submits a service order for an ADSL, HDSL, SDSL, IDSL, or
BRIISDN Loop that has not been prequalified, Verizon will query the
service order back to the CLEC for qualification and will not accept
such service order until the Loop has been prequalified on a
mechanized or manual basis. If ICG submits a service order for an
ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loop that is, in fact, not
compatible with such services in its existing condition, Verizon will
respond back to ICG with a "Nonqualified" indicator and the with
information showing whether the non-qualified result is due to the
presence of load coils, presence of digital loop carrier, or loop length
(including bridged tap).
14.Where ICG has followed the prequalification procedure described
above and has determined that a Loop is not compatible with ADSL,
HDSL, SDSL, IDSL, or BRIISDN service in its existing condition , it
may either request an Engineering Query to determine whether
conditioning may make the Loop compatible with the applicable
service; or if ICG is already aware of the conditioning required (e.
where ICG has previously requested a qualification and has obtained
loop characteristics), ICG may submit a service order for a Digital
Designed Loop. Verizon will undertake to condition or extend the
Loop in accordance with this Section 3,14 upon receipt of ICG's valid,
accurate and pre-qualified service order for a Digital Designed Loop.
The Parties will make reasonable efforts to coordinate their respective roles in
order to minimize provisioning problems, In general, where conditioning or loop
extensions are requested by ICG, an interval of eighteen (18) Business Days will
be required by Verizon to complete the loop analysis and the necessary
construction work involved in conditioning and/or extending the loop as follows:
15.Three (3) Business Days will be required following receipt of ICG'
valid, accurate and pre-qualified service order for a Digital Designed
Loop to analyze the loop and related plant records and to create an
Engineering Work Order.
Upon completion of an Engineering Query, Verizon will initiate the
construction order to perform the changes/modifications to the Loop
requested by ICG. Conditioning activities are, in most cases, able to
be accomplished within fifteen (15) Business Days. Unforeseen
conditions may add to this interval.
15.
After the engineering and conditioning tasks have been completed, the standard
Loop provisioning and installation process will be initiated, subject to Verizon
standard provisioning intervals.
If ICG requires a change in scheduling, it must contact Verizon to issue a
supplement to the original service order. If ICG cancels the request for
conditioning after a loop analysis has been completed but prior to the
commencement of construction work, ICG shall compensate Verizon for an
Engineering Work Order charge as set forth in the Pricing Attachment. If ICG
cancels the request for conditioning after the loop analysis has been completed
and after construction work has started or is complete, ICG shall compensate
Verizon for an Engineering Work Order charge as well as the charges associated
with the conditioning tasks performed as set forth in the Pricing Attachment.
17.
Conversion of Live Telephone Exchange Service to Analog 2W Loops
The following coordination procedures shall apply to "live" cutovers of
Verizon Customers who are converting their Telephone Exchange
Services to ICG Telephone Exchange Services provisioned over
Analog 2W unbundled Local Loops ("Analog 2W Loops) to be provided
by Verizon to ICG:
17 .Coordinated cutover charges shall apply to conversions of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion, additional charges may apply. If ICG does not
request a coordinated cutover, Verizon will process ICG'
order as a new installation subject to applicable standard
provisioning intervals.
ICG shall request Analog 2W Loops for coordinated cutover
from Verizon by delivering to Verizon a valid electronic
Local Service Request ("LSR"). Verizon agrees to accept
from ICG the date and time for the conversion designated
on the LSR ("Scheduled Conversion Time ), provided that
such designation is within the regularly scheduled operating
hours of the Verizon Regional CLEC Control Center
RCCC") and subject to the availability of Verizon s work
force. In the event that Verizon s work force is not
available, ICG and Verizon shall mutually agree on a New
Conversion Time, as defined below. ICG shall designate
the Scheduled Conversion Time subject to Verizon standard
provisioning intervals as stated in the Verizon CLEC
Handbook, as may be revised from time to time. Within
three (3) Business Days of Verizon s receipt of such valid
LSR, or as otherwise required by Applicable Law, Verizon
shall provide ICG the scheduled due date for conversion of
the Analog 2W Loops covered by such LSR.
17.ICG shall provide dial tone at the ICG Collocation site at
least forty-eight (48) hours prior to the Scheduled
Conversion Time.
17.
17.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time
provided, however, that each Party shall use commercially
reasonable efforts to provide four (4) business hours
advance notice to the other Party of its request for a New
Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one
(1) time in a Business Day, and any two New Conversion
Times for a particular Analog 2W Loops shall differ by at
least eight (8) hours, unless otherwise agreed to by the
Parties.
17.If the New Conversion Time is more than one (1) business
hour from the original Scheduled Conversion Time or from
the previous New Conversion Time, the Party requesting
such New Conversion Time shall be subject to the following:
17.If Verizon requests to reschedule outside of the
one (1) hour time frame above, the Analog 2W
Loops Service Order Charge for the original
Scheduled Conversion Time or the previous
New Conversion Time shall be waived upon
request from ICG; and
17.If ICG requests to reschedule outside the one
(1) hour time frame above, ICG shall be charged
an additional Analog 2W Loops Service Order
Charge for rescheduling the conversion to the
New Conversion Time.
17,If ICG is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply.
If Verizon is not available or ready to perform the
conversion within thirty (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Verizon and ICG will reschedule and, upon request from
ICG , Verizon will waive the Analog 2W Loop Service Order
Charge for the original Scheduled Conversion Time.
The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to ICG is fifteen (15) minutes per Analog
2W Loop for all orders consisting of twenty (20) Analog 2W
Loops or less. Orders involving more than twenty (20)
Loops will require a negotiated interval.
17.
17,Conversions involving LNP will be completed according to
North American Numbering Council ("NANC") standards,
via the regional Number Portability Administration Center
NPAC"
17.If ICG requires Analog 2W Loop conversions outside of the
regularly scheduled Verizon RCCC operating hours, such
conversions shall be separately negotiated. Additional
charges (e.g. overtime labor charges) may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
Verizon shall provide ICG access to its Loops at each of Verizon s Wire Centers
for Loops terminating in that Wire Center. In addition, if ICG orders one or more
Loops provisioned via Integrated Digital Loop Carrier or Remote Switching
technology deployed as a Loop concentrator, Verizon shall, where available,
move the requested Loop(s) to a spare physical Loop, if one is existing and
available, at no additional charge to ICG. If, however, no spare physical Loop is
available, Verizon shall within three (3) Business Days of ICG's request notify
ICG of the lack of available facilities. ICG may then at its discretion make a
Network Element Bona Fide Request pursuant to Section 14.3 to Verizon to
provide the unbundled Local Loop through the demultiplexing of the integrated
digitized Loop(s). ICG may also make a Network Element Bona Fide Request
pursuant to Section 14.3 for access to Unbundled Local Loops at the Loop
concentration site point. Notwithstanding anything to the contrary in this
Agreement, standard provisioning intervals shall not apply to Loops provided
under this Section 3.18.
Line Sharing
Line Sharing' is an arrangement by which Verizon facilitates ICG's provision of
ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with
T1.419), RADSL (in accordance with TR # 59), Multiple Virtual Line (MVL (a
proprietary technology)), or any other xDSL technology that is presumed to be
acceptable for shared line deployment in accordance with FCC rules, to a
particular Customer location over an existing copper Loop that is being used
simultaneously by Verizon to provide analog circuit-switched voice grade service
to that Customer by making available to ICG, solely for ICG's own use, the
frequency range above the voice band on the same copper Loop required by ICG
to provide such services. This Section 4 addresses Line Sharing over loops that
are entirely copper loops,
In accordance with, but only to the extent required by Applicable Law, Verizon
shall provide Line Sharing to ICG for ICG's provision of ADSL (in accordance
with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in
accordance with TR # 59), MVL (a proprietary technology), or any other xDSL
technology that is presumed to be acceptable for shared line deployment in
accordance with FCC rules, on the terms and conditions set forth herein. In
order for a Loop to be eligible for Line Sharing, the following conditions must be
satisfied for the duration of the Line Sharing arrangement: (i) the Loop must
consist of a copper loop compatible with an xDSL service that is presumed to be
acceptable for shared-line deployment in accordance with FCC rules; (ii) Verizon
must be providing simultaneous circuit-switched analog voice grade service to
the Customer served by the Loop in question; (iii) the Verizon Customer s dial
tone must originate from a Verizon End Office Switch in the Wire Center where
the Line Sharing arrangement is being requested; and (iv) the xDSL technology
to be deployed by ICG on that Loop must not significantly degrade the
performance of other services provided on that Loop.
Verizon shall make Line Sharing available to ICG at the rates set forth in the
Pricing Attachment. In addition to the recurring and nonrecurring charges shown
in the Pricing Attachment for Line Sharing itself, the following rates shown in the
Pricing Attachment and in Verizon 's applicable Tariffs are among those that may
apply to a Line Sharing arrangement: (i) prequalification charges to determine
whether a Loop is xDSL compatible (Le" compatible with an xDSL service that is
presumed to be acceptable for shared-line deployment in accordance with FCC
rules); (ii) engineering query charges, engineering work order charges, or Loop
conditioning (Digital Designed Loop) charges; (iii) charges associated with
Collocation activities requested by ICG; and (iv) misdirected dispatch charges
charges for installation or repair, manual intervention surcharges, trouble
isolation charges, and pair swap/line and station transfer charges.
4.4 The following ordering procedures shall apply to Line Sharing:
4.4.To determine whether a Loop qualifies for Line Sharing, the Loop must
first be prequalified to determine if it is xDSL compatible. ICG must
utilize the mechanized or manual Loop qualification processes
described in the terms applicable to xDSL and Digital Designed Loops
to make this determination,
4.4.ICG shall place orders for Line Sharing by delivering to Verizon a valid
electronic transmittal service order or other mutually agreed upon type
of service order. Such service order shall be provided in accordance
with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
4.4.
4.4.4
4.4.5
4.4.
4.4.
4.4.
If the Loop is prequalified by ICG through the Loop prequalification
database, and if a positive response is received and followed by
receipt of ICG's valid, accurate and pre-qualified service order for Line
Sharing, Verizon will return an LSR confirmation within twenty-four
(24) hours (weekends and holidays excluded) for LSRs with less than
six (6) loops and within 72 hours (weekends and holidays excluded)
for LSRs with six (6) or more loops.
If the Loop requires qualification manually or through an Engineering
Query, three (3) additional Business Days will be generally be required
to obtain Loop qualification results before an order confirmation can be
returned following receipt of ICG's valid , accurate request. Verizon
may require additional time to complete the Engineering Query where
there are poor record conditions, spikes in demand, or other
unforeseen events.
If conditioning is required to make a Loop capable of supporting Line
Sharing and ICG orders such conditioning, then Verizon shall provide
such conditioning in accordance with the terms of this Agreement
pertaining to Digital Designed Loops; or if this Agreement does not
contain provisions pertaining to Digital Designed Loops, then in
accordance with Verizon s generally available rates, terms and
conditions applicable to Digital Design Loops; provided, however, that
Verizon shall not be obligated to provide Loop conditioning if Verizon
establishes that such conditioning is likely to degrade significantly the
voice-grade service being provided to Verizon 's Customers over such
Loops.
The standard Loop provisioning and installation process will be
initiated for the Line Sharing arrangement only once the requested
engineering and conditioning tasks have been completed on the Loop.
Scheduling changes and charges associated with order cancellations
after conditioning work has been initiated are addressed in the terms
pertaining to Digital Designed Loops, as referenced in Section 4.4.
above, Except as otherwise required by Applicable Law, provisioning
intervals for the Line Sharing arrangement initially shall be the
standard interval of six (6) Business Days applicable to 2W ADSL
Loops. Where Applicable Law has ordered shorter intervals, the
shortened intervals will apply in the event that a dispatch is not
required, where conditioning work is not necessary and where facility
modifications are not required, In no event shall the Line Sharing
interval applied to ICG be longer than the interval applied to any
Affiliate of Verizon. Line Sharing arrangements that require pair
swaps or line and station transfers in order to free up facilities will have
a provisioning interval of no less than six (6) Business Days.
ICG must provide all required Collocation, CFA, Special Bill Number
SBN") and NC/NCI information when a Line Sharing arrangement is
ordered. Collocation augments required, either at the Point of
Termination (POT) Bay, Collocation node, or for splitter placement,
must be ordered using standard collocation applications and
procedures, unless otherwise agreed to by the Parties or specified in
this Agreement.
The Parties recognize that Line Sharing is an offering that requires
both Parties to make reasonable efforts to coordinate their respective
roles in the roll out of Line Sharing in order to minimize provisioning
problems and facility issues, ICG will provide reasonable, timely, and
accurate forecasts of its Line Sharing requirements, including splitter
placement elections and ordering preferences. These forecasts are in
addition to projections provided for other stand-alone unbundled Loop
types.
To the extent required by Applicable Law, ICG shall provide Verizon with
information regarding the type of xDSL technology that it deploys on each shared
Loop. Where any proposed change in technology is planned on a shared Loop,
ICG must provide this information to Verizon in order for Verizon to update Loop
records and anticipate effects that the change may have on the voice grade
service and other Loops in the same or adjacent binder groups.
As described more fully in Verizon Technical Reference 72575, the xDSL
technology used by ICG for Line Share Arrangements shall operate within the
Power Spectral Density (PSD) limits set forth in T1.413-1998 (ADSL), T1.419-
2000 (Splitterless ADSL), or TR59-1999 (RADSL), and MVL (a proprietary
technology) shall operate within the 0 to 4 kHz PSD limits of T1.413-1998 and
within the transmit PSD limits of T1.601-1998 for frequencies above 4 kHz,
provided that the MVL PSD associated with audible frequencies above 4 kHz
shall be sufficiently attenuated to preclude significantly degrading voice services.
ICG's deployment of additional Advanced Services shall be subject to the
applicable FCC Rules.
ICG may only access the high frequency portion of a Loop in a Line Sharing
arrangement through an established Collocation arrangement at the Verizon
Serving Wire Center that contains the End Office Switch through which voice
grade service is provided to Verizon 's Customer. ICG is responsible for
providing a splitter at that Wire Center that complies with ANSI specification
T1.413 which employs Direct Current ("DC") blocking capacitors or equivalent
technology to assist in isolating high bandwidth trouble resolution and
maintenance to the high frequency portion of the frequency spectrum , and is
designed so that the analog voice "dial tone" stays active when the splitter card is
removed for testing or maintenance through one of the splitter options described
below. ICG is also responsible for providing its own Digital Subscriber Line
Access Multiplexer ("DSLAM") equipment in the Collocation arrangement and
any necessary Customer Provided Equipment ("CPE") for the xDSL service it
intends to provide (including CPE splitters, filters and/or other equipment
necessary for the end user to receive separate voice and data services across
the shared Loop). Two splitter configurations are available. In both
configurations, the splitter must be provided by ICG and must satisfy the same
NEBS requirements that Verizon imposes on its own splitter equipment or the
splitter equipment of any Verizon Affiliate. ICG must designate which splitter
option it is choosing on the Collocation application or augment. Regardless of
the option selected, the splitter arrangements must be installed before ICG
submits an order for Line Sharing,
Splitter Option 1: Splitter in ICG Collocation Area
In this configuration, the leG-provided splitter (ANSI T1.413 or MVL compliant) is
provided, installed and maintained by ICG in its own Collocation space within the
Customer s serving End Office. The Verizon -provided dial tone is routed
through the splitter in the ICG Collocation area. Any rearrangements will be the
responsibility of ICG.
Splitter Option 2: Splitter in Verizon Area
In this configuration , Verizon inventories and maintains a leG-provided splitter
(ANSI T1.413 or MVL compliant) in Verizon space within the Customer s serving
End Office. The splitters will be installed shelf-at-a-time.
In those serving End Offices where Verizon has employed the use of a POT Bay,
the splitter will be installed (mounted) in a relay rack between the POT Bay and
the MDF. The demarcation point is at the splitter end of the cable connecting
ICG Collocation and the splitter, At ICG's option, installation of the splitter shelf
may be performed by Verizon or by a Verizon -approved vendor designated by
ICG.
In those serving End Offices where Verizon does not employ the use of a POT
Bay, ICG provided splitter will be located via a virtual-LIKE collocation
arrangement, to which ICG does not have access. ICG shall receive its DSL
traffic via tie cables running from the MDF to the splitter and from the splitter to
ICG's collocation arrangement. The demarcation point is the connection to the
DSLAM from the splitter. The installation of the splitter shelf will be performed by
Verizon or by a Verizon -approved vendor.
In either scenario, Verizon will control the splitter and will direct any required
activity. Where a POT Bay is employed, Verizon will also perform all POT Bay
work required in this configuration. Verizon will provide a splitter inventory to ICG
upon completion of the required augment.
Where a new splitter is to be installed as part of an initial Collocation
implementation , the splitter installation may be ordered as part of the
initial Collocation application. Associated Collocation charges
(application and engineering fees) apply. ICG must submit a new
Collocation application , with the application fee, to Verizon detailing its
request. Standard Collocation intervals will apply (unless Applicable
Law requires otherwise).
Where a new splitter is to be installed as part of an existing Collocation
arrangement, or where the existing Collocation arrangement is to be
augmented (e,, with additional terminations at the POT Bay or ICG'
collocation arrangement to support Line Sharing), the splitter
installation or augment may be ordered via an application for
Collocation augment. Associated Collocation charges (application and
engineering fees) apply. ICG must submit the application for
Collocation augment, with the application fee, to Verizon. Unless a
longer interval is stated in Verizon s applicable Tariff, an interval of
seventy-six (76) Business Days shall apply.
ICG will have the following options for testing shared Loops:
In serving End Offices where a POT Bay has been employed for use
the following options shall be available to ICG.
Under Splitter Option 1 , ICG may conduct its own physical
tests of the shared Loop from ICG's collocation area. If it
chooses to do so, ICG may supply a test head to facilitate
such physical tests, provided that: (a) the test head
satisfies the same NEBS requirements that Verizon
imposes on its own test head equipment or the test head
equipment of any Verizon Affiliate; and (b) the test head
does not interrupt the voice circuit to any greater degree
than a conventional Mechanized Loop Test (ML T).
Specifically, the leG-provided test equipment may not
interrupt an in-progress voice connection and must
automatically restore any circuits tested in intervals
comparable to ML 1. This optional leG-provided test head
would be installed between the "line" port of the splitter and
the POT Bay in order to conduct remote physical tests of
the shared Loop.
Under Splitter Option 2 , either Verizon or a Verizon -
approved vendor selected by ICG may install a ICG-
provided test head to enable ICG to conduct remote
physical tests of the shared Loop. This optional ICG-
provided test head may be installed at a point between the
line" port of the splitter and the Verizon -provided test head
that is used by Verizon to conduct its own Loop testing.
The leG-provided test head must satisfy the same NEBS
requirements that Verizon imposes on its own test head
equipment or the test head equipment of any Verizon
Affiliate, and may not interrupt the voice circuit to any
greater degree than a conventional ML T test. Specifically,
the leG-provided test equipment may not interrupt an in-
progress voice connection and must automatically restore
any circuits tested in intervals comparable to ML 1. Verizon
will inventory, control and maintain the leG-provided test
head , and will direct all required activity.
Under either Splitter Option, if Verizon has installed its own
test head, Verizon will conduct tests of the shared Loop
using a Verizon -provided test head, and, upon request, will
provide these test results to ICG during normal trouble
isolation procedures in accordance with reasonable
procedures.
1 .4 Under either Splitter Option, Verizon will make ML T access
available to ICG via RET AS after the service order has
been completed. ICG will utilize the circuit number to
initiate a test. This functionality will be available on October
2000.
In those serving End Offices where Verizon has not employed a POT
Bay for use, ICG will not be permitted to supply its own test head;
Verizon will make its testing system available to ICG through use of
the on-line computer interface test system at www.gte.com/wise. This
system is available 24 hours, 7 days a week.
The Parties will continue to work cooperatively on testing procedures.
To this end, in situations where ICG has attempted to use one or more
of the foregoing testing options but is still unable to resolve the error or
trouble on the shared Loop, Verizon and ICG will each dispatch a
technician to an agreed-upon point to conduct a joint meet test to
identify and resolve the error or trouble. Verizon may assess a charge
for a misdirected dispatch only if the error or trouble is determined to
be one that ICG should reasonably have been able to isolate and
diagnose through one of the testing options available to ICG above,
8.4
The Parties will mutually agree upon the specific procedures for
conducting joint meet tests.
Verizon and ICG each have a joint responsibility to educate its
Customer regarding which service provider should be called for
problems with their respective voice or Advanced Service offerings.
Verizon will retain primary responsibility for voice band trouble tickets,
including repairing analog voice grade services and the physical line
between the NID at the Customer premise and the point of
demarcation in the Central Office. ICG will be responsible for repairing
advanced data services it offers over the Line Sharing arrangement.
Each Party will be responsible for maintaining its own equipment.
Before either Party initiates any activity on a new shared Loop that
may cause a disruption of the voice or data service of the other Party,
that Party shall first make a good faith effort to notify the other Party of
the possibility of a service disruption. Verizon and ICG will work
together to address Customer initiated repair requests and to prevent
adverse impacts to the Customer.
When Verizon provides Inside Wire maintenance services to the
Customer, Verizon will only be responsible for testing and repairing the
Inside Wire for voice-grade services. Verizon will not test, dispatch a
technician, repair, or upgrade Inside Wire to clear trouble calls
associated with ICG's Advanced Services. Verizon will not repair any
CPE equipment provided by ICG. Before a trouble ticket is issued to
Verizon , ICG shall validate whether the Customer is experiencing a
trouble that arises from ICG's Advanced Service. If the problem
reported is isolated to the analog voice-grade service provided by
Verizon, a trouble ticket may be issued to Verizon.
In the case of a trouble reported by the Customer on its voice-grade
service, if Verizon determines the reported trouble arises from ICG'
Advanced Services equipment, splitter problems, or ICG's activities,
Verizon will:
Notify ICG and request that ICG immediately test the
trouble on ICG's Advanced Service.
If the Customer's voice grade service is so degraded that
the Customer cannot originate or receive voice grade calls,
and ICG has not cleared its trouble within a reasonable time
frame, Verizon may take unilateral steps to temporarily
restore the Customer s voice grade service if Verizon
determines in good faith that the cause of the voice
interruption is ICG's data service.
Upon completion of Sections 4.1 and 4.2 above,
Verizon may temporarily remove the leG-provided splitter
from the Customer s Loop and switch port if Verizon
determines in good faith that the cause of the voice
interruption is ICG's data service.
Upon notification from ICG that the malfunction in ICG'
advanced service has been cleared, Verizon will restore
ICG's advanced service by restoring the splitter on the
Customer s Loop,
6.4
Upon completion of the above steps, ICG will be charged a
Trouble Isolation Charge (TIC) to recover Verizon 's costs of
isolating and temporarily removing the malfunctioning
Advanced Service from the Customer s line if the cause of
the voice interruption was ICG's data service.
Verizon shall not be liable for damages of any kind for
temporary disruptions to ICG's data service that are the
result of the above steps taken in good faith to restore the
end user s voice-grade POTS service, and ICG shall
indemnify Verizon from any claims that result from such
steps.
Line Splitting
CLECs may provide integrated voice and data services over the same Loop by engaging
in "line splitting" as set forth in paragraph 18 of the FCC's Line Sharing Reconsideration
Order (CC Docket Nos. 98-147 96-98), released January 19, 2001. Any line splitting
between two CLECs shall be accomplished by prior negotiated arrangement between
those CLECs. To achieve a line splitting capability, CLECs may utilize existing
supporting ass to order and combine in a line splitting configuration an unbundled xDSL
capable Loop terminated to a collocated splitter and DSLAM equipment provided by a
participating CLEC, unbundled switching combined with shared transport, collocator-to-
collocator connections, and available cross-connects, under the terms and conditions set
forth in their Interconnection Agreement(s). The participating CLECs shall provide any
splitters used in a line splitting configuration, CLECs seeking to migrate existing UNE
platform configurations to a line splitting configuration using the same unbundled
elements utilized in the pre-existing platform arrangement may do so consistent with such
implementation schedules, terms, conditions and guidelines as are agreed upon for such
migrations in the ongoing DSL Collaborative in the State of New York, NY PSG Case 00-
0127, allowing for local jurisdictional and ass differences.
Sub-Loop
Sub-Loop - Distribution (USLA)
Subject to the conditions set forth in Section 1 and upon request by ICG, Verizon
shall provide ICG with access to a Sub-Loop Distribution Facility (as such term is
hereinafter defined) in accordance with, and subject to, the terms and provisions
of this Section 6, the rates set forth in the Pricing Attachment, and the rates,
terms and conditions set forth in Verizon s applicable Tariffs. A "Distribution Sub-
Loop" means a two-wire or four-wire metallic distribution facility in Verizon
network between a Verizon feeder distribution interface (an FDI) and the rate
demarcation point for such facility (or network interface device (NID) if the NID is
located at such rate demarcation point). Verizon shall provide ICG with access
to a Sub-Loop Distribution Facility in accordance with , but only to the extent
required by, Applicable Law.
ICG may request that Verizon reactivate (if available) an unused drop
and NID or provide ICG with access to a drop and NID that, at the time
of ICG's request, Verizon is using to provide service to the Customer
(as such term is hereinafter defined.
ICG may obtain access to a Sub-Loop Distribution Facility only at an
FDI and only from a Telecommunications outside plant interconnection
cabinet (TOPIC) or, if ICG is collocated at a remote terminal
equipment enclosure and the FDI for such Sub-Loop Distribution
1.4
Facility is located in such enclosure, from the collocation arrangement
of ICG at such terminal. To obtain access to a Sub-Loop Distribution
Facility, ICG shall install a TOPIC on an easement or Right of Way
obtained by ICG within 100 feet of the Verizon FDI to which such
Distribution Sub-Loop is connected. A TOPIC must comply with
applicable industry standards. Subject to the terms of applicable
Verizon easements, Verizon shall furnish and place an interconnecting
cable between a Verizon FDI and an ICG TOPIC and Verizon shall
install a termination block within such TOPIC. Verizon shall retain title
to and maintain the interconnecting cable. Verizon shall not be
responsible for building, maintaining or servicing the TOPIC and shall
not provide any power that might be required by ICG for any
electronics in the TOPIC, ICG shall provide any easement, Right of
Way or trenching or supporting structure required for any portion of an
interconnecting cable that runs beyond a Verizon easement.
ICG may request from Verizon by submitting a loop make-up
engineering query to Verizon, and Verizon shall provide to ICG, the
following information regarding a Sub-Loop Distribution Facility that
serves an identified Customer: the Sub-Loop Distribution Facility'
length and gauge; whether Sub-Loop Distribution Facility has loading
and bridged tap; the amount of bridged tap (if any) on the Sub-Loop
Distribution Facility; and, the location of the FDI to which the Sub-Loop
Distribution Facility is connected.
To order access to a Sub-Loop Distribution Facility, ICG must first
request that Verizon connect the Verizon FDI to which the Sub-Loop
Distribution Facility is connected to an ICG TOPIC. To make such a
request, ICG must submit to Verizon an application (a "Sub-Loop
Distribution Facility Interconnection Application ) that identifies the FDI
at which ICG wishes to access the Sub-Loop Distribution Facility. A
Sub-Loop Distribution Facility Interconnection Application shall state
the location of the TOPIC, the size of the interconnecting cable and a
description of the cable s supporting structure. A Sub-Loop
Distribution Facility Interconnection Application shall also include a
five-year forecast of ICG's demand for access to Sub-Loop Distribution
Facilities at the requested FDI. ICG must submit the application fee
set forth in the Pricing Attachment attached hereto and Verizon
applicable Tariffs (a "Sub-Loop Distribution Facility Application Fee
with Sub-Loop Distribution Facility Interconnection Application. ICG
must submit Sub-Loop Interconnection Applications to:
ICG's Account Manager
Within sixty (60) days after it receives a complete Sub-Loop
Distribution Facility Interconnection Application for access to a Sub-
Loop Distribution Facility and the Sub-Loop Distribution Facility
Application Fee for such application , Verizon shall provide to ICG a
work order that describes the work that Verizon must perform to
provide such access (a "Sub-Loop Distribution Facility Work Order
and a statements of the cost of such work (a "Sub-Loop Distribution
Facility Interconnection Cost Statement"
ICG shall pay to Verizon fifty percent (50%) of the cost set forth in a
Sub-Loop Distribution Facility Interconnection Cost Statement within
sixty (60) days of ICG's receipt of such statement and the associated
Sub-Loop Distribution Facility Work Order, and Verizon shall not be
obligated to perform any of the work set forth in such order until
Verizon has received such payment. A Sub-Loop Distribution Facility
Interconnection Application shall be deemed to have been withdrawn if
ICG breaches its payment obligation under this Section. Upon Verizon
s completion of the work that Verizon must perform to provide ICG
with access to a Distribution Sub-Loop, Verizon shall billlCG, and ICG
shall pay to Verizon, the balance of the cost set forth in the Sub-Loop
Distribution Facility Interconnection Cost Statement for such access.
After Verizon has completed the installation of the interconnecting
cable to an ICG TOPIC and ICG has paid the full cost of such
installation , ICG can request the connection of Verizon Sub-Loop
Distribution Facilities to the ICG TOPIC. At the same time, ICG shall
advise Verizon of the services that ICG plans to provide over the Sub-
Loop Distribution Facility, request any conditioning of the Sub-Loop
Distribution Facility and assign the pairs in the interconnecting cable.
ICG shall run any crosswires within the TOPIC.
If ICG requests that Verizon reactivate an unused drop and NID, then
ICG shall provide dial tone (or its DSL equivalent) on the ICG side of
the applicable Verizon FDI at least twenty-four (24) hours before the
due date. On the due date, a Verizon technician will run the
appropriate cross connection to connect the Verizon Sub-Loop
Distribution Facility to the ICG dial tone or equivalent from the TOPIC.
If ICG requests that Verizon provide ICG with access to a Sub-Loop
Distribution Facility that, at the time of ICG's request, Verizon is using
to provide service to a Customer, then, after ICG has looped two
interconnecting pairs through the TOPIC and at least twenty four (24)
hours before the due date, a Verizon technician shall crosswire the
dial tone from the Verizon central office through the Verizon side of the
TOPIC and back out again to the Verizon FDI and Verizon Sub-Loop
Distribution Facility using the "loop through" approach. On the due
date, ICG shall disconnect Verizon s dial tone, crosswire its dial tone
to the Sub-Loop Distribution Facility and submit ICG's long-term
number portability request.
Verizon will not provide access to a Sub-Loop Distribution Facility if
Verizon is using the loop of which the Sub-Loop Distribution Facility is
a part to provide line sharing service to another CLEC or a service that
uses derived channel technology to a Customer unless such other
CLEC first terminates the Verizon-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
Verizon shall provide ICG with access to a Sub-Loop Distribution
Facility in accordance with negotiated intervals.
Verizon shall repair and maintain a Sub-Loop Distribution Facility at the
request of ICG and subject to the time and material rates set forth in
Pricing Attachment and the rates, terms and conditions of Verizon
applicable Tariffs. ICG accepts responsibility for initial trouble isolation
for Sub-Loop Distribution Facilities and providing Verizon with
appropriate dispatch information based on its test results. If (a) ICG
reports to Verizon a Customer trouble, (b) ICG requests a dispatch
(c) Verizon dispatches a technician, and (d) such trouble was not
caused by Verizon Sub-Loop Distribution Facility facilities or
equipment in whole or in part, ICG shall pay Verizon the charges set
forth in the Pricing Attachment and Verizon s applicable Tariffs for time
associated with said dispatch. In addition, these charges also apply
when the Customer contact as designated by ICG is not available at
the appointed time. If as the result of ICG instructions, Verizon is
erroneously requested to dispatch to a site on Verizon company
premises ("dispatch in ), the charges set forth in Pricing Attachment
and Verizon s applicable Tariffs will be assessed per occurrence to
ICG by Verizon. If as the result of ICG instructions, Verizon is
erroneously requested to dispatch to a site outside of Verizon company
premises ("dispatch out"), the charges set forth in Pricing Attachment
and Verizon s applicable Tariffs will be assessed per occurrence to
ICG by Verizon.
Sub-LoOD - Feeder (UFSE)
Subject to the conditions set forth in Section 1 of this agreement and
upon request by ICG, Verizon shall provide ICG with access to a
Feeder Sub-Loop (as such term is hereinafter defined) in accordance
with, and subject to, the terms and provisions of this Section 6., the
rates and charges provided in the Pricing Attachment and the rates,
terms and conditions of Verizon s applicable Tariffs. A "Feeder Sub-
Loop" means a OS1 or OS3 transmission path over a feeder facility in
Verizon s network between a Verizon end office and either a Verizon
remote terminal equipment enclosure (an "RTEE") that subtends such
end office or a Verizon feeder distribution interface (such an interface,
an "FOI") that subtends the end office.
ICG may obtain access to a Feeder Sub-Loop only from an ICG
collocation arrangement in the Verizon end office where such Feeder
Sub-Loop originates and Verizon shall terminate a Feeder Sub-Loop in
an RTEE that subtends such end office only if ICG has a collocation
arrangement in such RTEE, Upon ICG's request, Verizon will connect
a Feeder Sub-Loop to a ICG collocation arrangement in the Verizon
end office where the Feeder Sub-Loop originates and to either a ICG
collocation arrangement in the Verizon RTEE that subtends such end
office or a Telecommunications Carrier Outside Plant Cabinet (such a
cabinet, a "TOPIC") located within 100 feet of the FOI that subtends
the end office and that ICG has established in accordance with, and
subject to the terms and provisions of, an agreement between Verizon
and ICG that governs the establishment of such TOPIC, Verizon shall
connect a Feeder Sub-Loop to the point of termination bay of a ICG
collocation arrangement in a Verizon Central Office or to a ICG
TOPIC, by installing appropriate cross connections and Verizon shall
be solely responsible for installing such cross connections. ICG may
obtain access to a Feeder Sub-Loop between an end office and an
RTEE or an FOI only if OS1 or OS3-capable transmission facilities are
available and not in use between such office and RTEE or FOI.
ICG shall run any crosswires within an ICG physical collocation
arrangement and an ICG TOPIC and ICG will have sole responsibility
for identifying to Verizon where a Feeder Sub-Loop should be
connected to an ICG collocation arrangement. ICG shall be solely
responsible for providing power and space for any cross connects and
other equipment that Verizon installs in a TOPIC, and ICG shall not bill
Verizon, and Verizon shall not pay ICG, for providing such power and
space.
2.4 Verizon shall not be obligated to provide to ICG any multiplexing at an
RTEE or at a TOPIC or to combine a Feeder Sub-Loop with a
Distribution Sub-Loop. If ICG requests access to a Feeder Sub-Loop
and a Distribution Sub-Loop that are already combined, such
combination shall be deemed to be a loop and Verizon shall provide
such loop to ICG in accordance with, but only to the extent required
by, the terms, provisions and rates in this Agreement that govern
loops, if any.
Verizon shall provide ICG with access to a Feeder Sub-Loop in
accordance with negotiated intervals.
Verizon shall repair and maintain a Feeder Sub-Loop at the request of
ICG and subject to the time and material rates set forth in the Pricing
Attachment and the rates, terms and conditions of Verizon s applicable
Tariffs. ICG may not rearrange, disconnect, remove or attempt to
repair or maintain any Verizon equipment or facilities without the prior
written consent of Verizon. ICG accepts responsibility for initial trouble
isolation for Feeder Sub-Loops and providing Verizon with appropriate
dispatch information based on its test results. If (a) ICG reports to
Verizon a trouble, (b) ICG requests a dispatch, (c) Verizon dispatches
a technician, and (d) such trouble was not caused by Feeder Sub-
Loop facilities or equipment in whole or in part, then ICG shall pay
Verizon the charges set forth in Pricing Attachment and Verizon
applicable Tariffs for time associated with said dispatch. In addition
these charges also apply when an ICG contact as designated by ICG
is not available at the appointed time. If as the result of ICG
instructions, Verizon is erroneously requested to dispatch to a site on
Verizon company premises ("dispatch in ), the charges set forth in
Pricing Attachment and Verizon s applicable Tariffs will be assessed
per occurrence to ICG by Verizon. If as the result of ICG instructions
Verizon is erroneously requested to dispatch to a site outside of
Verizon company premises ("dispatch out"), the charges set forth in
Pricing Attachment and Verizon s applicable Tariffs will be assessed
per occurrence to ICG by Verizon.
Collocation in Remote Terminals.
To the extent required by Applicable Law, Verizon shall allow ICG to collocate
equipment in a Verizon remote terminal equipment enclosure in accordance with,
and subject to, the rates, terms and conditions set forth in the Collocation
Attachment.
Inside Wire
House and Riser.
Subject to the conditions set forth in Section 1 of this Attachment and upon
request, Verizon shall provide to ICG access to a House and Riser Cable (as
such term is hereinafter defined) in accordance with , and subject to, the terms
and provisions of this Section 7 and the rates set forth in the Pricing Attachment.
A "House and Riser Cable" means a two-wire or four-wire metallic distribution
facility in Verizon s network between the minimum point of entry for a building
where a premises of a Customer is located (such a point, an "MPOE") and the
rate demarcation point for such facility (or network interface device (UNIO") if the
NIO is located at such rate demarcation point). Verizon will provide access to a
House and Riser Cable only if Verizon owns, operates, maintains and controls
such facility and only where such facility is available. Verizon shall not reserve a
House and Riser Cable for ICG. ICG may access a House and Riser Cable only
at the MPOE for such cable. Verizon shall provide ICG with access to House
and Riser Cables in accordance with, but only to the extent required by,
Applicable Law.
ICG must satisfy the following conditions before ordering access to a House and
Riser Cable from Verizon:
ICG shall locate its compatible terminal block within cross connect
distance of the MPOE for such cable. A terminal block is within cross
connect distance of an MPOE if it is located in the same room (not
including a hallway) or within twelve (12) feet of such MPOE.
If suitable space is available, ICG shall install its terminal block no
closer than within fourteen (14) inches of the MPOE for such cable,
unless otherwise agreed by the Parties.
ICG's terminal block or equipment cannot be attached, otherwise
affixed or adjacent to Verizon s facilities or equipment, cannot pass
through or otherwise penetrate Verizon s facilities or equipment and
cannot be installed so that ICG's terminal block or equipment is
located in a space where Verizon plans to locate its facilities or
equipment.
1.4 ICG shall identify its terminal block and equipment as an ICG facility,
To provide ICG with access to a House and Riser Cable, Verizon shall not be
obligated to (a) move any Verizon equipment, (b) secure any Right of Way for
ICG, (c) secure space for ICG in any building, (d) secure access to any portion of
a building for ICG or (e) reserve space in any building for ICG.
ICG must ensure that its terminal block has been tested for proper installation
numbering and operation before ordering from Verizon access to a House and
Riser Cable. Verizon shall perform cutover of a Customer to ICG service by
means of a House and Riser Cable subject to a negotiated interval. Verizon shall
install a jumper cable to connect the appropriate Verizon House and Riser Cable
pair to ICG's termination block, and Verizon shall determine how to perform such
installation. ICG shall coordinate with Verizon to ensure that House and Riser
Cable facilities are converted to ICG in accordance with ICG's order for such
services.
7.4 If a ICG compatible connecting block or spare termination on ICG's connecting
block is not available at the time of installation, Verizon shall billICG, and ICG
shall pay to Verizon, the Not Ready Charge set forth in the Pricing Attachment
and the Parties shall establish a new cutover date. Verizon may install a new
House and Riser Cable subject to the time and material charges set forth in the
Pricing Attachment.
Verizon shall perform all installation work on Verizon equipment. AIIICG
equipment connected to a House and Riser Cable shall comply with applicable
industry standards.
100
Verizon shall repair and maintain a House and Riser Cable at the request of ICG
and subject to the time and material rates set forth in the Pricing Attachment.
ICG shall be solely responsible for investigating and determining the source of all
troubles and for providing Verizon with appropriate dispatch information based on
its test results. Verizon shall repair a trouble only when the cause of the trouble
is a Verizon House and Riser Cable, If (a) ICG reports to Verizon a Customer
trouble, (b) ICG requests a dispatch , (c) Verizon dispatches a technician, and (d)
such trouble was not caused by a Verizon House and Riser Cable in whole or in
part, then ICG shall pay Verizon the charge set forth in the Pricing Attachment for
time associated with said dispatch, In addition, this charge also applies when the
Customer contact as designated by ICG is not available at the appointed time. If
as the result of ICG instructions, Verizon is erroneously requested to dispatch to
a site on Verizon company premises ("dispatch in ), a charge set forth in the
Pricing Attachment will be assessed per occurrence to ICG by Verizon. If as the
result of ICG instructions, Verizon is erroneously requested to dispatch to a site
outside of Verizon company premises ("dispatch out"), a charge set forth in the
Pricing Attachment will be assessed per occurrence to ICG by Verizon.
Dark Fiber
Subject to the conditions set forth in Section 1 and upon request, Verizon shall
provide ICG with access to unbundled Dark Fiber Loops, Dark Fiber Sub-loops
and Dark Fiber IOF (as such terms are hereinafter defined) in accordance with,
and subject to, the rates, terms and conditions provided in the Pricing Attachment
and rates, terms and conditions of Verizon s applicable Tariffs. Access to
unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be
provided by Verizon only where existing facilities are available at the requested
availability date. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark
Fiber IOF will be provided in accordance with, but only to the extent required by,
Applicable Law, Except as otherwise required by Applicable Law, the following
terms and conditions apply to Verizon s Dark Fiber offerings.
A "Dark Fiber Loop" consists of continuous fiber optic strand(s) in a
Verizon fiber optic cable between Verizon s Accessible Terminal, such
as the fiber distribution frame, or its functional equivalent, located
within a Verizon Wire Center, and Verizon s main termination point at
a Customer premise, such as the fiber patch panel located within a
Customer premise, and that has not been activated through
connection to electronics that "light" it and render it capable of carrying
Telecommunications Services.
A "Dark Fiber Sub Loop" consists of continuous fiber optic strand(s) in
a Verizon fiber optic cable (a) between Verizon s Accessible Terminal
located within a Verizon Wire Center, and Verizon s Accessible
Terminal at a Verizon remote terminal equipment enclosure, (b)
between Verizon s Accessible Terminal at a Verizon remote terminal
equipment enclosure and Verizon s main termination point located
within a Customer premise, or (c) between Verizon s Accessible
Terminals at Verizon remote terminal equipment enclosures , and that
in all cases has not been activated through connection to electronics
that "light" it and render it capable of carrying Telecommunications
Services.
A "Dark Fiber IOF" consists of continuous fiber strand(s) that are
located within a fiber optic cable between either (a) Accessible
Terminals in two Verizon Central Offices or (b) an Accessible Terminal
in a Verizon Central Office and a ICG Central Office, but, in either
101
case, that has not been activated through connection to multiplexing,
aggregation or other electronics that "light it" and thereby render it
capable of carrying Telecommunications Services,
In addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and
Dark Fiber IOF:
Verizon shall be required to provide a Dark Fiber Loop only where one
end of the Dark Fiber Loop terminates at a Verizon Accessible
Terminal in Verizon s Central Office that can be cross-connected to
ICG's collocation arrangement located in that same Verizon Central
Office and the other end terminates at the Customer premise. Verizon
shall be required to provide a Dark Fiber Sub-Loop only where (1) one
end of the Dark Fiber Sub-Loop terminates at Verizon s Accessible
Terminal in Verizon s Central Office that can be cross-connected to
ICG's collocation arrangement located in that same Verizon Central
Office and the other end terminates at Verizon s Accessible Terminal
at a Verizon remote terminal equipment enclosure that can be cross-
connected to ICG's collocation arrangement or adjacent structure, or
(2) one end of the Dark Fiber Sub-Loop terminates at Verizon s main
termination point located within the Customer premise and the other
end terminates at Verizon s Accessible Terminal at a Verizon remote
terminal equipment enclosure that can be cross-connected to ICG'
collocation arrangement or adjacent structure, or (3) one end of the
Dark Fiber Sub-Loop terminates at Verizon s Accessible Terminal at a
Verizon remote terminal equipment enclosure that can be cross-
connected to ICG's collocation arrangement or adjacent structure and
the other end terminates at Verizon s Accessible Terminal at another
Verizon remote terminal equipment enclosure that can be cross-
connected to ICG's collocation arrangement or adjacent structure. A
ICG demarcation point at a Customer premise shall be established in
the main Telco room of the Customer premise if Verizon is located in
that room or, if the building does not have a main Telco room or if
Verizon is not located in that room, then at a location to be determined
by Verizon. An ICG demarcation point at a Customer premise shall be
established at a location that is no more than 30 feet from Verizon
Accessible Terminal on which the Dark Fiber Loop or Dark Fiber Sub-
Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark
Fiber Sub-Loop to the ICG demarcation point by installing a fiber
jumper no greater than 30 feet in length
ICG may access a Dark Fiber Loop, a Dark Fiber Sub-Loop, or Dark
Fiber IOF only at a pre-existing Verizon Accessible Terminal of such
Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and ICG
may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber
IOF at any other point, including, but not limited to, a splice point or
case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF
are not available ICG unless such Dark Fiber Loops , Dark Fiber Sub-
Loops or Dark Fiber IOF already are terminated on a Verizon
Accessible Terminal. Except where required by Applicable Law,
Verizon will not introduce additional splice points or open existing
splice points or cases to accommodate ICG's request. Unused fibers
located in a cable vault or a controlled environment vault, manhole or
other location outside the Verizon Wire Center, and not terminated to a
fiber patch panel, are not available to ICG.
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2.4
A strand shall not be deemed to be continuous if splicing is required to
provide fiber continuity between two locations. Dark Fiber Loops, Dark
Fiber Sub-Loops and Dark Fiber IOF will only be offered on a route-
direct basis where facilities exist (Le., no intermediate offices).
Verizon shall perform all work necessary to install (1) a cross connect
or a fiber jumper from a Verizon Accessible Terminal to an ICG
collocation arrangement or (2) from a Verizon Accessible Terminal to
ICG's demarcation point at a Customer premise or ICG Central Office,
A Dark Fiber Inquiry must be submitted prior to submitting an ASR.
Upon receipt of the completed Dark Fiber Inquiry, Verizon will initiate a
review of its cable records to determine whether Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF may be available between the
locations and in the quantities specified. Verizon will respond within
fifteen (15) Business Days from receipt of the ICG's request, indicating
whether Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF may
be available based on the records search except that for voluminous
requests or large, complex projects, Verizon reserves the right to
negotiate a different interval. The Dark Fiber Inquiry is a record
search and does not guarantee the availability of Dark Fiber Loops
Dark Fiber Sub-Loops or Dark Fiber IOF.
ICG shall order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber
IOF by sending to Verizon a separate ASR for each A to Z route.
Access to Dark Fiber Loops , Dark Fiber Sub-Loops and Dark Fiber
IOF that terminate in a Verizon premise must be accomplished via a
collocation arrangement in that premise. In circumstances where
collocation cannot be accomplished in the premises, the Parties agree
to negotiate for possible alternative arrangements.
A Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be
offered to ICG in the condition that it is available in Verizon s network
at the time that ICG submits its request (Le., "as is ). In addition
Verizon shall not be required to convert lit fiber to a Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF for ICG's use,
Spare wavelengths on fiber strands, where Wave Division Multiplexing
(WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be Dark Fiber Loops, Dark Fiber Sub-
Loops or Dark Fiber IOF, and, therefore, will not be offered to ICG as
Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.
Fiber that has been assigned to fulfill a Customer order or for
maintenance purposes will not be offered to ICG as Dark Fiber Loops,
Dark Fiber Sub-Loops or Dark Fiber IOF.
ICG shall be responsible for providing all transmission, terminating and
regeneration equipment necessary to light and use Dark Fiber Loops
Dark Fiber Sub-Loops, or Dark Fiber IOF.
ICG may not resell Dark Fiber Loops, Dark Fiber Sub-Loops or Dark
Fiber IOF, purchased pursuant to this Agreement to third parties.
Except to the extent that Verizon is required by Applicable Law to
provide Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF to
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ICG for use for Special or Switched Exchange Access Services, ICG
shall not use Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber
IOF, for Special or Switched Exchange Access Services.
In order to preserve the efficiency of its network, Verizon will limit ICG
to leasing up to a maximum of twenty-five percent (25%) of the Dark
Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF in any given
segment of Verizon s network. In addition , except as otherwise
required by Applicable Law, Verizon may take any of the following
actions, notwithstanding anything to the contrary in this Agreement:
14,Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark
Fiber IOF leased to ICG upon a showing of need to the
Commission and twelve (12) months' advance written notice
to ICG; and
14.Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark
Fiber IOF leased to ICG upon a showing to the Commission
that ICG underutilized fiber within any twelve (12) month
period;
Verizon reserves and shall not waive, Verizon s right to
claim before the Commission that Verizon should not have
to fulfill a ICG order for Dark Fiber Loops, Dark Fiber Sub-
Loops, or Dark Fiber IOF because that request would strand
an unreasonable amount of fiber capacity, disrupt or
degrade service to Customers or carriers other than ICG, or
impair Verizon s ability to meet a legal obligation.
ICG may not reserve Dark Fiber Loops, Dark Fiber Sub-Loops, or
Dark Fiber IOF.
14.
ICG shall be solely responsible for: (a) determining whether or not the
transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-
Loop or Dark Fiber IOF accommodate the requirements of ICG; (b)
obtaining any Rights of Way, governmental or private property permit
easement or other authorization or approval required for access to the
Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF; (c)
installation of fiber optic transmission equipment needed to power the
Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to transmit
Telecommunications Services traffic; (d) installation of a demarcation
point in a building where a Customer is located; and (e) ICG'
collocation arrangements with any proper optical cross connects or
other equipment that ICG needs to access Dark Fiber Loop, Dark
Fiber Sub-Loop or Dark Fiber IOF before it submits an order for such
access, ICG hereby represents and warrants that it shall have all such
rights of way, authorizations and the like applicable to the geographic
location at which it wishes to establish a demarcation point for dark
fiber, on or before the date that ICG places an order for the applicable
dark fiber, and that it shall maintain the same going forward,
ICG is responsible for trouble isolation before reporting trouble to
Verizon. Verizon will restore continuity to Dark Fiber Loops, Dark
Fiber Sub-Loops and Dark Fiber IOF that have been broken. Verizon
will not repair a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber
IOF that is capable of transmitting light, even if the transmission
104
characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark
Fiber IOF have changed.
ICG is responsible for all work activities at the Customer premises.
Except as otherwise required by Applicable Law, all negotiations with
the premises owner are solely the responsibility of ICG.
Network Interface Device
Subject to the conditions set forth in Section 1 and at ICG's request, Verizon
shall permit ICG to connect a ICG Loop to the Inside Wiring of a Customer
through the use of a Verizon NID in the manner set forth in this Section 9.
Verizon shall provide ICG with access to NIDs in accordance with, but only to the
extent required by, Applicable Law. ICG may access a Verizon NID either
means of a Cross Connection (but only if the use of such Cross Connection is
technically feasible) from an adjoining ICG NID deployed by ICG or, if an
entrance module is available in the Verizon NID, by connecting a ICG Loop to the
Verizon NID. In all cases, Verizon shall perform this Cross Connection. When
necessary, Verizon will rearrange its facilities to provide access to an existing
Customer s Inside Wire. An entrance module is available only if facilities are not
connected to it.
In no case shall ICG access, remove, disconnect or in any other way rearrange,
Verizon s Loop facilities from Verizon s NIDs, enclosures, or protectors.
In no case shalllCG access, remove, disconnect or in any other way rearrange,
a Customer s Inside Wire from Verizon s NIDs, enclosures, or protectors where
such Customer Inside Wire is used in the provision of ongoing
Telecommunications Service to that Customer.
9.4 In no case shalllCG remove or disconnect ground wires from Verizon s NIDs,
enclosures, or protectors,
In no case shalllCG remove or disconnect NID modules, protectors, or terminals
from Verizon s NID enclosures.
Maintenance and control of premises Inside Wiring is the responsibility of the
Customer, Any conflicts between service providers for access to the Customer
Inside Wire must be resolved by the person who controls use of the wire (e.
the Customer),
When ICG is connecting an ICG-provided Loop to the Inside Wiring of a Customer
premises through the Customer s side of the Verizon NID, ICG does not need to submit a
request to Verizon and Verizon shall not charge ICG for access to the Verizon NID, In
such instances, ICG shall comply with the of provisions Sections 9.2 through 9.7 of this
Agreement and shall access the Customer s Inside Wire in the manner set forth in
Section 7 of this Agreement.
Due to the wide variety of NIDs utilized by Verizon (based on Customer size and
environmental considerations), ICG may access the Customer s Inside Wire,
acting as the agent of the Customer by any of the following means:
Where an adequate length of Inside Wire is not present or
environmental conditions do not permit, ICG may enter the Customer
side of the Verizon NID enclosure for the purpose of removing the
Inside Wire from the terminals of Verizon s NID and connecting a
connectorized or spliced jumper wire from a suitable "punch out" hole
105
10.
of such NID enclosure to the Inside Wire within the space of the
Customer side of the Verizon NID. Such connection shall be
electrically insulated and shall not make any contact with the
connection points or terminals within the Customer side of the Verizon
NID.
ICG may request Verizon to make other rearrangements to the Inside
Wire terminations or terminal enclosure on a time and materials cost
basis to be charged to the requesting party (Le. ICG, its agent, the
building owner or the Customer). If ICG accesses the Customer
Inside Wire as described in this Section 9., time and materials
charges will be billed to the requesting party (Le. ICG, its agent, the
building owner or the Customer),
Unbundled Switching Elements
Subject to the conditions set forth in Section 1 J Verizon shall make available to ICG the
Local Switching Element and Tandem Switching Element unbundled from transport, local
Loop transmission, or other services, in accordance with this Agreement. Verizon shall
provide ICG with access to the Local Switching Element and the Tandem Switching
Element in accordance with, but only to the extent required by, Applicable Law.
10.
Local Switching10.
10,
10.
The unbundled Local Switching Element includes line side and trunk
side facilities (e,g, line and trunk side Ports such as analog and ISDN
line side Ports and DS1 trunk side Ports), plus the features, functions,
and capabilities of the switch. It consists of the line-side Port
(including connection between a Loop termination and a switch line
card, telephone number assignment, basic intercept, one primary
directory listing, presubscription , and access to 911, operator services,
and directory assistance), line and line group features (including all
vertical features and line blocking options that the switch and its
associated deployed switch software is capable of providing and are
currently offered to Verizon s local exchange Customers), usage
(including the connection of lines to lines, lines to trunks, trunks to
lines , and trunks to trunks), and trunk features (including the
connection between the trunk termination and a trunk card),
Verizon shall offer, as an optional chargeable feature, usage tapes.
ICG may request activation or deactivation of features on a per-port
basis at any time, and shall compensate Verizon for the non-recurring
charges associated with processing the order. ICG may submit a
Bona Fide Request in accordance with Section 14.3 for other switch
features and functions that the switch is capable of providing, but
which Verizon does not currently provide, or for customized routing of
traffic other than operator services and/or directory assistance traffic.
Verizon shall develop and provide these requested services where
technically feasible with the agreement of ICG to pay the recurring and
non-recurring costs of developing, installing, updating, providing and
maintaining these services.
10.Network Design Request (NDR)
Prior to submitting any order for unbundled Local Switching (as an UNE or in
combination with other UNEs), ICG shall complete the NDR process. As part of
106
11.
10.
the NDR process, ICG shall request standardized or customized routing of its
Customer traffic in conjunction with the provision of unbundled Local Switching.
If ICG selects customized routing, ICG shall define the routing plan and Verizon
shall implement such plan, subject to technical feasibility constraints. Time and
Material Charges may apply.
Tandem Switching
The unbundled Tandem Switching Element includes trunk-connect facilities, the
basic switching function of connecting trunks to trunks, and the functions that are
centralized in Tandem Switches. Unbundled Tandem switching creates a
temporary transmission path between interoffice trunks that are interconnected at
a Verizon access Tandem for the purpose of routing a call or calls.
Unbundled Interoffice Facilities
Subject to the conditions of Section 1 , where facilities are available, at ICG's request,
Verizon shall provide ICG with interoffice transmission facilities ("IOF") unbundled from
other Network Elements in accordance with , but only to the extent required by Applicable
Law, at the rates set forth in the Pricing Attachment; provided, however, that Verizon
shall offer unbundled shared IOF only to the extent that ICG also purchases unbundled
Local Switching capability from Verizon in accordance with Section 10 of this Attachment.
12.
Signaling Networks and Call-Related Databases12.
12.
12.
12.4
12.
In accordance with , but only to the extent required by, Applicable Law, Verizon
shall provide ICG with access to databases and associated signaling necessary
for call routing and completion by providing SS? Common Channel Signaling
CCS") Interconnection, and Interconnection and access to toll free service
access code (e., 800/888/877) databases, LlDB, and any other necessary
databases,
ICG shall provide Verizon with CCS Interconnection required for call routing and
completion , and the billing of calls which involve ICG's Customers, at non-
discriminatory rates, terms and conditions as provided in the Pricing Attachment
provided further that if the ICG information Verizon requires to provide such call-
related functionality is resident in a database, ICG will provide Verizon with the
access and authorization to query ICG's information in the databases within
which it is stored.
Alternatively, either Party ("Purchasing Party") may secure CCS Interconnection
from a commercial SS? hub provider (third party signaling provider) to transport
messages to and from the Verizon CCS network, and in that case the other Party
will permit the Purchasing Party to access the same databases as would have
been accessible if the Purchasing Party had connected directly to the other
Party s CCS network. If a third party signaling provider is selected by ICG to
transport signaling messages, 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 ICG.
Regardless of the manner in which ICG obtains CCS Interconnection , ICG shall
comply with Verizon s SS? certification process prior to establishing CCS
Interconnection with Verizon.
The Parties will provide CCS Signaling to each other, where and as available, in
conjunction with all Reciprocal Compensation Traffic, ISP-bound Traffic, Toll
107
12.
12.
Traffic, Meet Point Billing Traffic, and Transit Traffic. The Parties will cooperate
on the exchange of TCAP messages to facilitate interoperability of CCS-based
features between their respective networks, including all CLASS Features and
functions, to the extent each Party offers such features and functions to its
Customers. All CCS Signaling parameters will be provided upon request (where
available), including called party number, Calling Party Number, originating line
information, calling party category, and charge number. All privacy indicators will
be honored as required under applicable law.
The Parties will follow all OBF-adopted standards pertaining to CIC/Oll codes.
12,
Where CCS Signaling is not available, in-band multi-frequency (U MF") wink start
signaling will be provided. Any such MF arrangement will require a separate
local trunk circuit between the Parties' respective switches in those instances
where the Parties have established End Office to End Office high usage trunk
groups. In such an arrangement, each Party will out pulse the full ten-digit
telephone number of the called Party to the other Party.
The Parties acknowledge that there is a network security risk associated with
interconnection with the public Internet Protocol network, including, but not
limited to, the risk that interconnection of ICG signaling systems to the public
Internet Protocol network may expose ICG and Verizon signaling systems and
information to interference by third parties. ICG shall notify Verizon in writing
sixty (60) days in advance of installation of any network arrangement that may
expose signaling systems or information to access through the public Internet
Protocol network. ICG shall take commercially reasonable efforts to protect its
signaling systems and Verizon s signaling systems from interference by
unauthorized persons.
12.Each Party shall provide trunk groups, where available and upon reasonable
request, that are configured utilizing the B8lS ESF protocol for 64 kbps clear
channel transmission to allow for ISDN interoperability between the Parties
respective networks.
12,10 The following publications describe the practices, procedures and specifications
generally utilized by Verizon for signaling purposes and are listed herein to assist
the Parties in meeting their respective Interconnection responsibilities related to
Signaling:
12.10.Telcordia Generic Requirements, GR-90S-CORE, Issue 1 , March
1995, and subsequent issues and amendments; and
12.10.Where applicable, Verizon Supplement Common Channel Signaling
Network Interface Specification (Verizon-90S).
13.
Each Party shall charge the other Party mutual and reciprocal rates for any
usage-based charges for CCS Signaling, toll free service access code (e.
800/888/877) database access, LlDB access, and access to other necessary
databases, as follows: Verizon shall charge ICG in accordance with the Pricing
Attachment and the terms and conditions in applicable Tariffs. ICG shall charge
Verizon rates equal to the rates Verizon charges ICG, unless ICG's Tariffs for
CCS signaling provide for lower generally available rates, in which case ICG
shall chargeVerizon such lower rates. Notwithstanding the foregoing, to the
extent a Party uses a third party vendor for the provision of CCS Signaling, such
charges shall apply only to the third party vendor.
Operations Support Systems
12.
108
Subject to the conditions set forth in the Additional Services Attachment, Verizon shall
provide ICG with access via electronic inter faces to databases required for pre-ordering,
ordering, provisioning, maintenance and repair, and billing. All such transactions shall be
submitted by ICG through such electronic interfaces.
14.Availability of Other UNEs on an Unbundled Basis
14.Any request by ICG for access to a Verizon Network Element that is not already
available and that Verizon is required by Applicable Law to provide on an
unbundled basis shall be treated as a Network Element Bona Fide Request
pursuant to Section 14.3, below. ICG shall provide Verizon access to its Network
Elements as mutually agreed by the Parties or as required by Applicable Law.
14.Notwithstanding anything to the contrary in this Section 14, a Party shall not be
required to provide a proprietary Network Element to the other Party under this
Section 14 except as required by Applicable Law.
14,Network Element Bona Fide Request (BFR).
14.Each Party shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Party 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 (reI. Oct. 19, 1992)
~ 259 and n,603 or subsequent orders.
14.A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
14.The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
14.3.4
14.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 preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis 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
by Applicable Law,
14.If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by Applicable Law, 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 develop the
requested services, determine their availability, calculate the
applicable prices and establish installation intervals. Unless the Parties
109
15.
14.
otherwise agree, the Network Element requested must be priced in
accordance with Section 252(d)(1) of the Act.
As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to 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.
14.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 pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
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 pursuant to Section 252 of the Act.
Maintenance of UNEs
14.
If (a) ICG reports to Verizon a Customer trouble, (b) ICG requests a dispatch, (c) Verizon
dispatches a technician , and (d) such trouble was not caused by Verizon s facilities or
equipment in whole or in part, then ICG shall pay Verizon a charge set forth in the Pricing
Attachment for time associated with said dispatch. In addition, this charge also applies
when the Customer contact as designated by ICG is not available at the appointed time.
ICG accepts responsibility for initial trouble isolation and providing Verizon with
appropriate dispatch information based on its test results, If, as the result of ICG
instructions, Verizon is erroneously requested to dispatch to a site on Verizon company
premises ("dispatch in ), a charge set forth in the Pricing Attachment will be assessed per
occurrence to ICG by Verizon. If as the result of ICG instructions, Verizon is erroneously
requested to dispatch to a site outside of Verizon company premises ("dispatch out"), a
charge set forth in the Pricing Attachment will be assessed per occurrence to ICG by
Verizon. Verizon agrees to respond to ICG trouble reports on a non-discriminatory basis
consistent with the manner in which it provides service to its own retail Customers or to
any other similarly situated Telecommunications Carrier.
16.Rates and Charges
The rates and charges for the foregoing UNEs and other services shall be as set forth in
this Attachment and the Pricing Attachment.
17.Combinations
Subject to the conditions set forth in Section 1 , Verizon shall be obligated to provide a
combination of Network Elements (a "Combination ) only to the extent provision of such
Combination is required by Applicable Law, To the extent Verizon is required by
Applicable Law to provide a Combination to ICG, Verizon shall provide such Combination
in accordance with, and subject to, requirements established by Verizon that are
consistent with Applicable Law (such requirements, the "Combo Requirements ). Verizon
shall make the Combo Requirements publicly available in an electronic form.
110
COLLOCATION ATTACHMENT
Verizon s Provision of Collocation
Verizon shall provide to ICG, in accordance with Verizon s applicable Tariffs, as amended
from time-to-time, Collocation for the purpose of facilitating ICG's interconnection with
facilities or services of Verizon or access to Unbundled Network Elements of Verizon.
Until Verizon s California state Collocation tariff becomes effective, Verizon shall provide
Collocation to ICG in accordance with the rates, terms and conditions set forth in such
California state Collocation tariff as filed by Verizon with the Commission, as such filing is
amended from time-to-time.
Fiber Optic Patchcord Cross Connect.
The Fiber Optic Patchcord Cross Connect provides the communications path
between Verizon s Fiber Distribution Panel (FOP) and ICG's collocated
tr~nsmission equipment and facilities. The connection of the facilities would be
made via a Fiber Optic Patchcord. The Fiber Optic Patchcord Cross Connect is
limited to use solely in conjunction with access to unbundled Dark Fiber and
unbundled optical Interoffice Facilities UNEs.
ICG's Provision of Collocation
If ICG offers collocation of facilities and equipment for the purpose of facilitating
interconnection with facilities or services of ICG pursuant to an ICG Tariff, upon request
by Verizon, ICG shall provide such collocation to Verizon pursuant to ICG's Tariff. In the
absence of such a Tariff, if ICG elects, at its sole discretion, to provide collocation to
Verizon, such collocation shall be provided in accordance with rates, terms and
conditions negotiated, and agreed to in writing, by the Parties.
111
911 ATTACHMENT
911/E.911 Arrangements
ICG may, at its option, interconnect to the Verizon 911/E-911 Selective Router or
911 Tandem Offices, as appropriate, that serve the areas in which ICG provides
Telephone Exchange Services, for the provision of 911/E-911 services and for
access to all subtending Public Safety Answering Points ("PSAP"), In such
situations, Verizon will provide ICG with the appropriate CLL! codes and
specifications of the Tandem Office serving area. In areas where E-911 is not
available, ICG and Verizon will negotiate arrangements to connect ICG to the
911 service in accordance with applicable state law,
Path and route diverse Interconnections for 911/E-911 shall be made at the ICG-
, the Verizon-, or other points as necessary and mutually agreed, and as
required by law or regulation.
Within thirty (30) days of its receipt of a complete and accurate request from ICG,
to include all required information and applicable forms, and to the extent
authorized by the relevant federal, state, and local authorities, Verizon will
provide ICG, where Verizon offers 911 service, with the following at a reasonable
fee, if applicable:
a file via electronic medium containing the Master Street Address
Guide ("MSAG") for each county within the LATA(s) where ICG is
providing, or represents to Verizon that it intends to provide within sixty
(60) days of CLEC(s) request, local exchange service, which MSAG
shall be updated as the need arises and a complete copy of which
shall be made available on an annual basis;
a list of the address and CLL! code of each 911/E-911 selective router
or 911 Tandem office(s) in the area in which ICG plans to offer
Telephone Exchange Service;
a list of geographical areas, e., LATAs, counties or municipalities,
with the associated 911 tandems, as applicable.
a list of Verizon personnel who currently have responsibility for 911 /E-
911 requirements, including a list of escalation contacts should the
primary contacts be unavailable.
3.4
any special 911 trunking requirements for each 911 /E-911 selective
router or 911 Tandem Office, where available, and;
prompt return of any ICG 911 /E-911 data entry files containing errors
so that ICG may ensure the accuracy of the Customer records.
Electronic Interface
ICG shall use, where available, the appropriate Verizon electronic interface, through
which ICG shall input and provide a daily update of 911/E-911 database information
related to appropriate ICG Customers. In those areas where an electronic interface is not
available, ICG shall provide Verizon with all appropriate 911/E-911 information such as
name, address, and telephone number via facsimile for Verizon s entry into the 911/E-
911 database system. Any 911/E-911-related data exchanged between the Parties prior
to the availability of an electronic interface shall conform to Verizon standards, whereas
911 /E-911-related data exchanged electronically shall conform to the National
112
Emergency Number Association standards ("NENA"). ICG may also use the electronic
interface, where available, to query the 911 /E-911 database to verify the accuracy of ICG
Customer information.
911 Interconnection
Verizon and ICG will use commercially reasonable efforts to facilitate the prompt, robust,
reliable and efficient interconnection of ICG systems to the 911 /E-911 platforms and/or
systems.
911 Facilities
ICG shall be responsible for providing facilities from the ICG End Office to the 911
Tandem or selective router. ICG shall deploy diverse routing of 911 trunk pairs to the
911 tandem or selective router.
Local Number Portability for use with 911
The Parties acknowledge that until Local Number Portability ("LNP") with full 911/E-911
compatibility is utilized for all ported telephone numbers, the use of Interim Number
Portability ("INP") creates a special need to have the Automatic Location Identification
All") screen reflect two numbers: the "old" number and the "new" number assigned by
ICG. Therefore, for those ported telephone numbers using INP, ICG will provide the
911/E-911 database with both the forwarded number and the directory number, as well
as all other required information including the appropriate address information for the
customer for entry into the 911/E-911 database system. Further, ICG will outpulse the
telephone number to which the call has been forwarded (that is, the Customer s ANI) to
the 911 Tandem office or selective router. ICG will include their NENA five character
Company Identification ("COlD") for inclusion in the All display.
ICG is required to enter data into the 911/E-911 database under the NENA
Standards for LNP. This includes, but is not limited to, using ICG's NENA COlD
to lock and unlock records and the posting of ICG's NENA COlD to the All
record where such locking and migrating feature for 911/E-911 records are
available or as defined by local standards.
PSAP Coordination
Verizon and ICG will work cooperatively to arrange meetings with PSAPs to answer any
technical questions the PSAPs, or county or municipal coordinators may have regarding
the 911/E-911 arrangements.
911 Compensation
ICG will compensate Verizon for connections to its 911 /E-911 platform and/or system
pursuant to the rate schedule included in this attachment.
911 Rules and Regulations
ICG and Verizon will comply with all applicable rules and regulations (including 911 taxes
and surcharges as defined by local requirements) pertaining to the provision of 911/E-
911 services in California.
113
General
1.4
PRICING ATTACHMENT
As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
Except as stated in Section 2 or Section 3, below, Charges for Services shall be
as stated in this Section 1.
The Charges for a Service shall be the Charges for the Service stated in the
Providing Party's applicable Tariff.
In the absence of Charges for a Service established pursuant to Section 1., the
Charges shall be as stated in Appendix A of this Pricing Attachment.
Any applicable Tariff Charges shall automatically supersede the Charges stated in
Appendix A of this Pricing Attachment. The Charges stated in Appendix A of this
Pricing Attachment also shall be automatically superseded by any new Charge(s)
when such new Charge(s) are required by any order of the Commission or the
FCC, approved by the Commission or the FCC, or otherwise allowed to go into
effect by the Commission or the FCC (including, but not limited to, in a Tariff that
has been filed with the Commission or the FCC), provided such new Charge(s)
are not subject to a stay issued by any court of competent jurisdiction.
In the absence of Charges for a Service established pursuant to Sections 1.
through 1,5, if Charges for a Service are otherwise expressly provided for in this
Agreement, such Charges shall apply,
In the absence of Charges for a Service established pursuant to Sections 1,
through 1.6, the Charges for the Service shall be the Providing Party's FCC or
Commission approved Charges.
In the absence of Charges for a Service established pursuant to Sections 1.
through 1.7, the Parties shall mutually agree in writing to the Charges for the
Service.
Verizon Telecommunications Services Provided to ICG for Resale Pursuant to the
Resale Attachment
Verizon Telecommunications Services for which Verizon is Required to Provide a
Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
The Charges for a Verizon Telecommunications Service purchased by
ICG for resale for which Verizon is required to provide a wholesale
discount pursuant to Section 251 (c)( 4) of the Act shall be the Retail
Price for such Service set forth in Verizon s applicable Tariffs (or, if
there is no Tariff Retail Price for such Service, Verizon s Retail Price
for the Service that is generally offered to Verizon s Customers), less,
to the extent required by Applicable Law: (a) the applicable wholesale
discount stated in Verizon s Tariffs for Verizon Telecommunications
Services purchased for resale pursuant to Section 251 (c)(4) of the Act;
, (b) in the absence of an applicable Verizon Tariff wholesale
discount for Verizon Telecommunications Services purchased for
resale pursuant to Section 251 (c)(4) of the Act, the applicable
wholesale discount stated in Appendix A for Verizon
114
1.4
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act.
The Charges for a Verizon Telecommunications Service Customer
Specific Arrangement ("CSA") purchased by ICG for resale pursuant to
Section 3.3 of the Resale Attachment for which Verizon is required to
provide a wholesale discount pursuant to Section 251(c)(4) of the Act
shall be the Retail Price for the CSA, less, to the extent required by
Applicable Law: (a) the applicable wholesale discount stated in
Verizon s Tariffs for Verizon Telecommunications Services purchased
for resale pursuant to Section 251 (c)(4) of the Act; or, (b) in the
absence of an applicable Verizon Tariff wholesale discount for Verizon
Telecommunications Services purchased for resale pursuant to
Section 251 (c)( 4) of the Act, the applicable discount stated in
Appendix A for Verizon Telecommunications Services purchased for
resale pursuant to Section 251 (c)(4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Verizon may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to ICG for resale pursuant to
Section 251 (c)(4) of the Act.
Notwithstanding Sections 2.1 and 2,, in accordance with, and to the
extent permitted by Applicable Law, Verizon may at any time establish
a wholesale discount for a Telecommunications Service (including, but
not limited to, a CSA) that differs from the wholesale discount that is
generally applicable to Telecommunications Services provided to ICG
for resale pursuant to Section 251(c)(4) of the Act.
The wholesale discount stated in Appendix A shall be automatically
superseded by any new wholesale discount when such new wholesale
discount is required by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
The wholesale discount provided for in Sections 2.1 through 2.
shall not be applied to:
Short term promotions as defined in 47 CFR 951.613;
Except as otherwise provided by Applicable Law, Exchange
Access services;
Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-
1 Charges and Dual Party Relay Service Charges).
Any other service or Charge that the Commission, the FCC
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale rate discount under
Section 251 (c)(4) of the Act.
5.4
Verizon Telecommunications Services for which Verizon is Not Required to
Provide a Wholesale Discount Pursuant to Section 25Hc)(4) of the Act.
115
The Charges for a Verizon Telecommunications Service for which
Verizon is not required to provide a wholesale discount pursuant to
Section 251 (c)(4) of the Act shall be the Charges stated in Verizon
Tariffs for such Verizon Telecommunications Service (or, if there are
no Verizon Tariff Charges for such Service, Verizon s Charges for the
Service that are generally offered by Verizon).
The Charges for a Verizon Telecommunications Service customer
specific contract service arrangement ("CSA") purchased by ICG
pursuant to Section 3.3 of the Resale Attachment for which Verizon is
not required to provide a wholesale discount pursuant to Section
251 (c)( 4) of the Act shall be the Charges provided for in the CSA and
any other Charges that Verizon could bill the person to whom the CSA
was originally provided (including, but not limited to, applicable Verizon
Tariff Charges).
Other Charaes
ICG shall pay, or collect and remit to Verizon, without discount, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Verizon Telecommunications
Services provided by Verizon to ICG.
ICG Prices
Notwithstanding any other provision of this Agreement, the Charges that ICG bills
Verizon for ICG's Services shall not exceed the Charges for Verizon s comparable
Services, except to the extent the ICG has demonstrated to Verizon , or, at Verizon
request, to the Commission or the FCC, that ICG's cost to provide such ICG Services to
Verizon exceeds the Charges for Verizon s comparable Services.
Section 271
If Verizon is a Bell Operating Company (as defined in the Act) and in order to comply with
Section 271 (c)(2)(B) of the Act provides a Service under this Agreement that Verizon is
not required to provide by Section 251 of the Act, Verizon shall have the right to establish
Charges for such Service in a manner that differs from the manner in which under
Applicable Law (including, but not limited to, Section 252(d) of the Act) Charges must be
set for Services provided under Section 251,
Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
with regard to the Charges of the other Party (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
116
APPENDIX A TO THE PRICING ATTACHMENT
Rates and Charges for Transportation and Termination of Traffic
5.4
The Local Call Termination rate element that applies to Reciprocal
Compensation Traffic on a minute of use basis for traffic that is delivered to an
End Office is $0.0036286,
The Local Call Termination rate element that applies to Reciprocal
Compensation Traffic on a minute of use basis for traffic that is delivered to
Tandem Switch is $0.0058104.
The Tandem Transiting Charge is $0.0021818.
Entrance Facility Charge:See Intrastate Access Tariff
Certain of the rates and charges set forth above, as indicated by an "asterisk"
are arbitrated rates taken from the previously arbitrated Interconnection, Resale
and Unbundling Agreement between Verizon and AT&T Communications, which
was approved by the Commission in an Interim Decision dated January 13,1997,
in Docket No. 97-04-090. Verizon has agreed to use and to incorporate herein
such arbitrated rates subject to the following: The Parties expressly agree (1)
that such arbitrated rates shall not be deemed to have been voluntarily
negotiated by the Parties and such arbitrated rates are not subject to interstate
MFN obligations under Appendix D, Sections 31 and 32, of the Merger Order, as
set forth more fully in Section 37.2 of the General Terms and Conditions; and (2)
that, for purposes of calculating Reciprocal Compensation, the arbitrated rates
shall not apply to Internet Traffic, as set forth more fully in Section 7.3.4 of the
Interconnection Attachment. The foregoing shall not, in any way, limit any other
term, condition, limitation or reservation of right in the Agreement that applies to
rates, including, but not limited to, Section 37 of the General Terms and
Conditions. The Parties further agree that the Commission s Order in Docket No.
97 -04-090, to the extent such Order established the arbitrated rates, shall be
deemed an "arbitration decision associated with this Agreement" under Section
37.1 of the General Terms and Conditions.
117
II.Prices for Unbundled Network Elements
Monthly Recurring Charges
Local Loop
2 Wire Analog Loop (inclusive of NID)
4 Wire Analog Loop (inclusive of NID)
2 Wire Digital Loop (inclusive of NID)
4 Wire Digital Loop (inclusive of NID)
DS-1 Loop
DS-3 Loop
$ 26.
$ 38.
$ 26.
$ 38.
$ 97.
345.
Supplemental Features:
ISDN-BRI Line Loop Extender
DS1 Clear Channel Capability
TBD
$25.
Subloop
Wire Feeder
Wire Distribution
Wire Feeder
Wire Distribution
Wire Drop
Wire Drop
Inside Wire
Network Interface Device (leased separately)
9.43
17.
13.
25.
BFR
Basic NID:
Complex (12 x) NID
1.45
Switching
Port
Basic Analog Line Side Port
Coin Line Side Port
ISDN BRI Digital Line Side Port
DS-1 Digital Trunk Side Port
ISDN PRI Digital Trunk Side Port
$ 4,
$ 22.
30.49
$ 172,
$ 603,
Vertical Features See Attached List
Usage Charges (must purchase Port)
Local Central Office Switching
(Overall Average MOU)
Common Shared Transport
Transport Facility (Average MOU/ALM) $0,0000266
Transport Termination (Average MOU/Term) $0.0002092
Tandem Switching (Average MOU) $0.0048870
Terminating to Originating Ratio 1.
$0.0068413
1 In compliance with the FCC order approving the merger of GTE Corporation and Bell Atlantic (CC Docket No.
98-1840), Verizon will offer limited duration promotional discounts on residential UNE Loops and UNE Advance Services
Loops. The terms and conditions on which these promotional discounts are being made available can be found on
http://www.gte.com/wise for former GTE service areas and http://www.bell-atl.com/whoiesale/htmi/resources.htm for
former Bell Atlantic service areas,
Assumed Minutes
Operator and Directory Assistance Services (OSIDA)
National DA
Mechanized Operator Calling Card
Live Operator
Originating Line Number Screening
Call Detail Record
Busy Line Verify
Busy Line Interrupt
Dedicated Transport Facilities
CLEC Dedicated Transport
COT 2 Wire
COT 4 Wire
COT OS 1
COT DS3 Optical Interface
COT DS3 Electrical Interface
Interoffice Dedicated Transport
lOT DSO Transport Facility per ALM
lOT DSO Transport Termination
lOT DS1 Transport Facility per ALM
lOT DS1 Transport Termination
lOT DS3 Transport Facility per ALM
lOT DS3 Transport Termination
Multiplexing
DS1 to Voice Multiplexing
DS3 to DS1 Multiplexing
DS1 Clear Channel Capability
Unbundled Dark Fiber
Unbundled Dark Fiber Loops/Subloops
Dark Fiber Loop
Dark Fiber Subloop - Feeder
Dark Fiber Subloop - Distribution
Unbundled Dark Fiber Dedicated Transport
Dark Fiber lOT -Facility
Dark Fiber lOT -Termination
Packet Switching
Call Related Database
Service Management System
ass
TBD
$0.5500000
$0.4500000
$0.0890000
$0.4490000
$0.0180000
$0,0200000
$0.9900000
$1.0500000
$ 27.
$ 39.
$ 190.
125.
500,
.40$ 3.
$ 9.
$ 76.
$ 271.
$ 526.
$ 123,
$ 477.
25.
51.
40,
10.
19.
BFR
BFR
BFR
BFR
UNE-P Pricing
MRCs. The MRC for a UNE-P will generally be equal to the sum of the MRCs for the
combined UNEs (e.g. the total of the UNE loop charge plus the UNE port charges in the
Agreement (see Note A) plus: UNE local switching (per minute originating usage plus
TIO factor to determine terminating minutes) based on UNE local switching rates in the
Agreement plus UNE shared transport and tandem switching (based on factors for
percent interoffice and tandem switch usage, plus assumed transport mileage of 10 miles
and 2 terms) based on UNE shared transport rates in the Agreement plus UNE Vertical
Services charges (optional per line charges, if allowed by the Agreement).
(Note A): UNE platforms are available in four looplport configurations as shown below.
If the price for any component of these platforms is not set forth herein, Verizon will use
the 1GB process to determine the appropriate price and TBD pricing shall apply.
UNE Basic Analog Voice Grade Platform consists of the following components:
UNE 2-wire Analog loop; and
UNE Basic Analog Line Side port
UNE ISDN BRI Platform consists of the following components:
UNE 2-wire Digital loop; and
UNE ISDN BRI Digital Line Side port
UNE ISDN PRI Platform consists of the following components:
UNE DS1 loop; and
UNE ISDN PRI Digital Trunk Side port
UNE DS1 Platform consists of the following components:
UNE DS1 loop; and
UNE DS1 Digital Trunk Side port
NRCs. On an interim basis, until NRCs specific to UNE-P have been established, the
Initial Service Order Charge for ports will be billed for all UNE combination orders.
Central Office Line Connection or Outside Facility Fieldwork charges will be applied as
incurred on UNE combination orders. Verizon reserves the right to apply new NRCs
specific to UNE-P when such NRCs have been developed.
Optional NRCs will apply as ordered by the CLEC including such charges as Expedites,
Coordinated Conversions, loop Conditioning, etc.
Operator Services and Directory Assistance Services (OS/DA). If ICG does not initially
utilize available customized routing services to re-route OS/DA calls to its own or another
party's operator services platform, Verizon will bill the CLEC for OSIDA calls at a market-
based 1GB rate pending ICG's completion of a separate OSIDA agreement.
CALIFORNIA UNBUNDLED VERTICAL FEATURES
VERTICAL FEATURES (Subject to Availability)
Three Way Callinq $/Feature/Month $2.
Call Forwardinq Variable $/Feature/Month $0.
Cust. Changeable Soeed Callinq 1-Diqit $/Feature/Month $0.
Cust. Chanqeable Soeed Callinq 2-Diqit $/Feature/Month $0.
Call Waitinq $/Feature/Month $0.
Cancel Call Waitinq $/Feature/Month $0.
Automatic Callback $/Feature/Month $0.
Automatic Recall $/Feature/Month $0.41
Callinq Number Delivery $/Feature/Month $1 .29
Callinq Number Delivery Blockinq $/Feature/Month $0.
Distinctive Rinqinq / Call Waitinq $/Feature/Month $0.
Customer Oriqinated Trace $/Feature/Month $0.
Selective Call Reiection $/Feature/Month $0,
Selective Call Forwardinq $/Feature/Month $0.
Selective Call Acceptance $/Feature/Month $0.
Call Forwardinq Variable CTX $/Feature/Month $0.
Call Forwardinq Incominq Only $/Feature/Month $0.46
Call Forwardinq Within Group Only $/Feature/Month $0.
Call Forwardinq Busy Line $/Feature/Month $0.
Call Forwardinq Don t Answer All Calls $/Feature/Month $0.
Remote Call Forward $/Feature/Month $4.
Call Waitinq Oriqinatinq $/Feature/Month $0.
Call Waitinq Terminatinq $/Feature/Month $0.
Cancel Call Waitinq CTX $/Feature/Month $0.
Three Way Callinq CTX $/Feature/Month $2.
Call Transfer Individual All Calls $/Feature/Month $0.
Add-on Consultation Hold Incominq Only $/Feature/Month $0.
Speed Callinq Individual1-Digit $/Feature/Month $0.42
Soeed Callinq Individual 2-Diqit $/Feature/Month $0.
Direct Connect $/Feature/Month $0.
Distinctive Alertinq / Call Waitinq Indicator $/Feature/Month $0,
Call Hold $/Feature/Month $0,
Sam i-Restricted (Oriq/T erm)$/Feature/Month $2.
Fully-Restricted (Oriq/Term)$/Feature/Month $2.
Toll Restricted Service $/Feature/Month $0,
Call Pick-uo $/Feature/Month $0.
Directed Call Pick-up w/Barqe-$/Feature/Month $0.
Directed Call Pick-up w/o Barqe-$/Feature/Month $0.
Speciallnterceot Announcements $/Feature/Month $16.
Conference Callinq - 6-Way Station Cant.$/Feature/Month $2.
Station Messaqe Detail Recordinq $/Feature/Month $0.
Station Messaqe Detail Recordinq to Premises $/Feature/Month $2.
Fixed Niqht Service - Key $/Feature/Month $2.
Attendant Camp-on (Non-pI Console)$/Feature/Month $1,
Attendant Busy Line Verification $/Feature/Month $3.
Control of Facilities $/Feature/Month $0.
Fixed Niqht Service - Call Forwardinq $/Feature/Month $0.
Attendant Conference $/Feature/Month $9.
Circular Hunting $/Feature/Month $0.
VERTICAL FEATURES (Subject to Availability)
Preferential Multiline Huntinq $/Feature/Month $0,
Uniform Call Distribution $/Feature/Month $0.
Stop Hunt Kev $/Feature/Month $0.
Make Busy Key $/Feature/Month $6.
Queuinq $/Feature/Month $1.
Automatic Route Selection $/Feature/Month $1.41
Facilitv Restriction Level $/Feature/Month $0,
Expansive Route Warninq Tone $/Feature/Month $0.
Time-of-Day Routing Control $/Feature/Month $1.45
Foreiqn Exchange Facilities $/Feature/Month $6.47
Anonymous Call Rejection $/Feature/Month $5.
Basic Business Group Sta-Sta ICM $/Feature/Month $11.
Basic Business Group CTX $/Feature/Month $0.
Basic Business Group DOD $/Feature/Month $0.
Basic Business Auto ID Outward Dialinq $/Feature/Month $0,
Basic Business Group DID $/Feature/Month $0.
Business Set Group Intercom All Calls $/Feature/Month $6.44
Dial Call Waitinq $/Feature/Month $0.
Loudspeaker Paging $/Feature/Month $5.
Recorded Telephone Dictation $/Feature/Month $9,
On-Hook Queuinq for Outqoinq Trunks $/Feature/Month $1,
Off-Hook Queuinq for Outqoinq Trunks $/Feature/Month $0.
Teen Service $/Feature/Month $0.
Bq - Automatic Call Back $/Feature/Month $0.45
Voice/Data Protection $/Feature/Month $0.
Authorization Codes for Afr $/Feature/Month $0.
Account Codes for Afr $/Feature/Month $0.
Code Restriction Diversion $/Feature/Month $0.
Code Callinq $/Feature/Month $9.
Meet-Me Conference $/Feature/Month $19.
Call Park $/Feature/Month $0,
Executive Busy Override $/Feature/Month $0.
Last Number Redial $/Feature/Month $0.
Direct Inward System Access $/Feature/Month $0.
Authorization Code Immediate Dialinq $/Feature/Month $0.
Bq - Speed Calling Shared $/Feature/Month $0,
Attendant Recall from Satellite $/Feature/Month $4.
Bq - Speed Callinq 2-Shared $/Feature/Month $0.
Business Set - Call Pick-up $/Feature/Month $0,
Authorization Code for Mdr $/Feature/Month $0.
Locked Loop Operation $/Feature/Month $0.
Attendant Position Busy $/Feature/Month $6.
Two-Way Splitting $/Feature/Month $0,
Call Forwardinq - All (Fixed)$/Feature/Month $0.
Business Group Call Waitinq $/Feature/Month $0.
Music on Hold $/Feature/Month $2.42
Automatic Alternate Routinq $/Feature/Month $2.
DTMF Dialinq $/Feature/Month $0.
BG DTMF Dialinq $/Feature/Month $0.
Business Set Access to Paginq $/Feature/Month $2.
Call Flip-Flop (Ctx-$/Feature/Month $0.
VERTICAL FEATURES (Subiect to Availability)
Selective Callinq Waitinq (Class)$/Feature/Month $0.
Direct Inward Dialinq $/Feature/Month $8.
Customer Dialed Account Recordina $/Feature/Month $1.42
Deluxe Automatic Route Selection $/Feature/Month $3.
MDC Attendant Console $/Feature/Month $104.
Warm Line $/Feature/Month $0.
Callina Name Delivery $/Feature/Month $0.
Call Forwardinq Enhancements $/Feature/Month $0.
Caller 10 Name and Number $/Feature/Month $1.
InContact $/Feature/Month $1,
Call Waitinq 10 $/Feature/Month $0.
Att'd 10 on Incoming Calls $/Feature/Month $0.46
Privacy Release $/Feature/Month $0.
Display Callinq Number $/Feature/Month $0,
Six-Port Conference $/Feature/Month $5.
Business Set Call Back Queuina $/Feature/Month $0.
ISDN Code Callinq - Answer $/Feature/Month $0.
Att'd Call Park $/Feature/Month $0,
Att'd Autodial $/Feature/Month $0.
Att'd Speed Callinq $/Feature/Month $0.
Att'd Console Test $/Feature/Month $0.
Att'd Delayed Operation $/Feature/Month $0.25
Att'd Lockout $/Feature/Month $0.
Att'd Multiple Listed Directory Numbers $/Feature/Month $0.
Att'd Secrecy $/Feature/Month $0,
Att'd Wildcard Key $/Feature/Month $0.
Att'd Flexible Console Alerting $/Feature/Month $0.
Att'd VFG Trunk Group Busy on Att'd Console $/Feature/Month $0,
Att'd Console ActiDeact of CFU/CFT $/Feature/Month $0.
Att'd Display of Queued Calls $/Feature/Month $0.25
Att'd Interposition Transfer $/Feature/Month $0.
Att'd Automatic Recall $/Feature/Month $0.
NON-RECURRING CHARGES
LOCAL WHOLESALE SERVICES Ordering Ordering Provisioning
100%Semi-Initial Addt'
Manual Mech.Unit Unit
UNBUNDLED LOOP
Exchange - Basic - Initial $ 38,$ 27.$ 42.$ 38.
Exchange - Basic - Subsequent $ 17.44 $ 12.$ 14.49 $ 13.
Exchange - Complex Nondigital - Initial $ 40.$ 25.$107.$ 26.
Exchange - Complex Nondigital - Subsequent $ 18.$ 13.$ 14.49 $ 13.
Exchange - Complex Digital- Initial $ 40,$ 25.$ 96.$ 26,
Exchange - Complex Digital - Subsequent $ 18.$ 13,$ 14.49 $ 13,
Advanced - Basic - Initial $ 36.$ 25.$573.$202.
Advanced - Complex - Initial $ 40.$ 25.$569.$303.
UNBUNDLED PORT
Exchange - Basic -Initial $ 33.$ 21.$ 31.$ 29,
Exchange - Basic - Subsequent (Port Feature)$ 19.$ 14.
Exchange - Basic - Subsequent (CO Interconnection)$ 19,$ 14,$ 14.49 $ 13,
Exchange - Complex Nondigital - Initial $ 43.$ 28.$ 75.$ 38.
Exchange - Complex Nondigital - Subsequent
(Port Feature)$ 25,$ 21.
Exchange - Complex Nondigital - Subsequent (Switch Feature
Group)$ 30.$ 21 .$ 23.
Exchange - Complex Nondigital - Subsequent
(CO Interconnection)$ 25.$ 21.$ 14.49 $ 13.
Exchange - Complex Digital - Initial $ 43.$ 28.$129.$ 32,
Exchange - Complex Digital- Subsequent (Port Feature)$ 25.$ 21.5.45 5.45
Exchange - Complex Digital - Subsequent
(Switch Feature Group)$ 30.$ 21.$ 23.
Exchange - Complex Digital - Subsequent
(CO Interconnection)$ 25.$ 21 .$ 14.49 $ 13.
Advanced - Complex - Initial TBD TBD TBD TBD
Advanced - Complex - Subsequent TBD TBD TBD TBD
UNBUNDLED NID
Exchange - Basic $ 27.$ 18,$ 33.N/A
UNBUNDLED'SlIBLOOP
Exchange - MDF Interconnection - Initial $ 36.$ 26.$ 48.$ 34.
Exchange - MDF Interconnection - Subsequent $ 15.$ 11,$ 14,$ 13.
Exchange - FDI Feeder Interconnection - Initial $ 36,$ 26,$ 46.$ 24.
Exchange - FDI Feeder Interconnection - Subsequent $ 15,$ 11 .$ 16.
Exchange - FDI Distribution Interconnection - Initial $ 36,$ 26.$ 61.$ 30.
Exchange - FDI Distribution Interconnection - Subsequent $ 15.$ 11 .$ 16,
Exchange - Serving Terminal Interconnection - Initial $ 36.$ 26.$ 28.$ 15.
Exchange - Serving Terminal Interconnection - Subsequent $ 15.$ 11 .$ 13.6.41
UNBUNDLED DARK FIBER
Advanced - Service Inquiry Charge $405.$405.N/A N/A
Advanced - Interoffice Dedicated Transport - Initial $ 64.$ 64.$267.$224,
Advanced - Unbundled Loop - Initial $ 64.$ 64.$261.$220.43
Advanced - Subloop Feeder - Initial $ 64.$ 64.$261,$220.43
Advanced - Subloop Distribution - Initial $ 64.$ 64.$264,$216.
ENHANCED EXTENDED LINK (WITH MANUAL AND SEMI-MECHANIZED OPTIONS)
Advanced - Basic - Initial $ 88.$ 56.$397.N/A
Advanced - Basic - Subsequent $ 38.$ 21.$ 49,N/A
DSO - Initial $ 88,$ 56.$482.N/A
DSO - Subsequent $ 38.$ 21.N/A
DS1/DS3 - Initial $ 97.$ 65.$384.N/A
DS1/DS3 - Subsequent $ 38.$ 21 .N/A
LOOP CONDITIONING
(No charge for loops 12 000 feet or less)
Loop Conditioning - Bridged Tap N/A N/A $318.$ 34,
Loop Conditioning - Load Coils N/A N/A $249.
Loop Conditioning - Load Coils / Bridged Tap N/A N/A $568,$ 34.
UNE PLATFORM
Exchange - Basic - Initial $ 31.$ 22.$ 28.$ 26.
Exchange - Basic - Subsequent $ 16.44 $ 13.
Exchange - Basic - Changeover $ 19.$ 15.
Exchange - Complex Nondigital - Initial $ 41.$ 27.$162.41 $ 31.
Exchange - Complex Nondigital- Subsequent (Port Feature)$ 16.44 $ 13,
Exchange - Complex Nondigital - Subsequent (Switch Feature $ 20.$ 13.$ 22,$ 22.
Group)
Exchange - Complex Nondigital- Changeover (As Is)$ 22.$ 17.
Exchange - Complex Nondigital - Changeover (As Specified)$ 30,$ 21.$ 20.
Exchange - Complex Digital - Initial $ 41.$ 27.$205.$ 28.
Exchange - Complex Digital- Subsequent (Port Feature)$ 16.44 $ 13.
Exchange - Complex Digital- Subsequent (Switch Feature Group)$ 20,$ 13.$ 22.$ 22.
Exchange - Complex Digital- Changeover (As Is)$ 22.$ 17.
Exchange - Complex Digital - Changeover (As Specified)$ 30.$ 21.$ 80.
Advanced - Complex - Initial $ 48.$ 34,$681.$303.
Advanced - Complex - Subsequent $ 20,$ 13.$ 65,$ 48.47
Advanced - Complex - Changeover (As Is)$ 24,$ 19.$ 51,$ 34.
Advanced - Complex - Changeover (As Specified)$ 37.$ 28.$ 82.$ 64.
DEDICATED TRANSPORT
Advanced - Basic - Initial $ 95.49 $ 63.$428.N/A
Advanced - Basic - Subsequent $ 45.$ 28.$ 58.N/A
Advanced - Complex - Initial $105.$ 72,$584.49 N/A
Advanced - Complex - Subsequent $ 45.$ 28.$ 86.N/A
2 These charges are interim and subject to retroactive true-up back to the Effective Date of this Agreement.
SIGNALING SYSTEM 7 (SS7)
Facilities and Trunks - Initial $237.$205.$568.N/A
Facilities and Trunks - Subsequent (with Engineering Review)$ 71.$ 55.$213,N/A
Facilities and Trunks - Subsequent (w/o Engineering Review)$ 71 ,$ 55.$ 67.N/A
Trunks Only - Initial $126.$ 93.$505.41 N/A
Trunks Only - Subsequent (with Engineering Review)$ 49.46 $ 33.$202.N/A
Trunks Only - Subsequent (w/o Engineering Review)$ 49.46 $ 33.$ 67,N/A
STP Ports (SS7 Links)$237.$205.$438.N/A
Entrance FacilitylDedicated Transport DSO - Initial $ 95.49 $ 63.$390,N/A
Entrance FacilitylDedicated Transport DSO - Subsequent $ 45.$ 28,$ 58.N/A
Entrance Facility/Dedicated Transport DS1/DS3 - Initial $105.$ 72.$515.N/A
Entrance FacilitylDedicated Transport DS1/DS3 - Subsequent $ 45,$ 28.$ 86,N/A
COORDINATED CONVERSIONS
Exchange - Standard Interval - Per atr. Hour $ 30.$ 30.N/A N/A
Exchange - Additional Interval - Per atr, Hour $ 26.$ 26.N/A N/A
Advanced - Standard Interval - Per atr. Hour $ 22.$ 22.N/A N/A
Advanced - Additional Interval - Per atr. Hour $ 21.$ 20.N/A N/A
HOT-CUT COORDINATED CONVERSIONS
(Only available for 2-wireanalog loops)
Exchange - Standard Interval - Per Hour $108,$108.N/A N/A
Exchange - Additional Interval - Per atr. Hour $ 26.$ 26,N/A N/A
Advanced - Standard Interval - Per Hour $ 83.43 $ 83.N/A N/A
Advanced - Additional Interval - Per atr. Hour $ 21.$ 20.N/A N/A
CUSTOMIZED ROUTING BFR BFR BFR BFR
EXPEDITES
Exchange Products N/A N/A
Advanced Products $ 25.$ 25.N/A N/A
OTHER
Customer Record Search (per account)N/A N/A
CLEC Account Establishment (per CLEC)$166.$166,N/A N/A
LINE SHARING: CLECOWNED SPLITTER
CLEC Splitter Connection - Initial $ 32.$ 22.$ 53,$ 47.
CLEC Splitter Connection - Subsequent $ 13.$ 14.49 $ 13.
PACKET SWITCHING'TBD TBD TBD TBD
CALL RELATED DATABASE TBD TBD TBD TBD
SERVICE MANAGEMENT SYSTEM TBD TBD TBD TBD
OSS TBD TBD TBD TBD
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that ICG
orders any service from this Agreement.
Customer Record Search applies when ICG requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Initial Service Order (ISO) applies to each Local Service Request (LSR) and
Access Service Request (ASR) for new service. Charge is Manual (e.g. for a
faxed order) or Semi-Mechanized (e,g. for an electronically transmitted order)
based upon the method of submission used by the CLEC.
Subsequent Service Order applies to each LSRlASR for modifications to an
existing service. Charge is Manual or Semi-Mechanized based upon the method
of submission used by the CLEC.
Advanced ISO applies per LSRlASR when engineering work activity is required
to complete the order,
Exchange ISO applies per LSRlASR when no engineering work activity is
required to complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The
Additional Unit applies for each additional unit installed on the same ISO.
Basic Provisioning applies to services that can be provisioned using standard
network components maintained in inventory without specialized instructions for
switch translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer s needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Subloop Distribution
Standard Subloop Feeder, Drop and NID.
Exchange-Complex: Non-loaded Subloop Distribution, Non-load Subloop Feeder
Loop Conditioning, Customized Routing, ISDN BRI Digital Line Side Port and
Line Sharing.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber, EELs, and ISDN PRI
Digital Trunk Side Port
Conditioning applies in addition to the ISO, for each Loop or Subloop UNE for the
installation and grooming of conditioning requests,
DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the
installation and grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to UNE-P and EEL orders when an existing retail,
resale, or special access service is already in place.
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests
Verizon to determine the availability of dark fiber on a specific route.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and
Provisioning NRCs):
Service Order Expedite applies if ICG requests service prior to the standard due
date intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if ICG requests notification and coordination of
service cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if ICG requests real-time
coordination of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to
the Hot Coordinated Conversion First Hour, for every 15-minute segment of real-
time coordination of a service cut-over that takes more than one hour,
III.Rates and Charges for 911
See State 911 Tariff.
IV.Fiber Optic Patchcord Cross Connect
Fiber Optic Cross Connect Rate Elements.
Elements Increment NRC/MRC Rate
Non-Recurring Prices
Fiber Optic Patch Cord PulllTermination - Engineering per project NRC $70.
Fiber Optic Patch Cord Material Charge per cable run NRC $40.49
Fiber Optic Patch Cord Pull per cable run NRC $142.
Fiber Optical Patch Cord Termination per termination NRC $0.
Monthly Recurring Prices
Facility Termination - Fiber Optic Patch Cord per connector MRC $0,
Fiber Optic Patch Cord Duct Space per cable MRC $0,
Non-Recurring Charges
Non-recurring charges are one-time charges that apply for specific work activity. Non-recurring
charges for the Fiber Optic Patch cord Cross Connect are due and payable upon delivery to the
CLEC.
Fiber Optic Patchcord Pull/Termination - Enqineering. The Fiber Optic Patchcord
PulllTermination - Engineering Charge is to recover the engineering costs incurred per project for
the pull and termination of a fiber optic patchcord from the CLECs collocation arrangement to
Verizon s Fiber Distribution Panel (FOP).
Fiber Optic Patchcord Pull.The Fiber Optic Patch cord Pull Charge is applied per fiber run and
recovers the labor cost of placing the fiber from the collocation arrangement to Verizon s FOP.
Fiber Optic Patchcord Termination . The Fiber Optic Patchcord Termination Charge is applied per
fiber connector termination and recovers the labor cost to terminate the fiber connection,
Fiber Optic Patchcord Material Charge. The CLEC has the option of providing its own fiber optic
patch cord or Verizon may, at the request of the CLEC, provide the necessary fiber optic
patchcord cables in exchange for the Fiber Optic Patch cord Material Charge. The Fiber Optic
Patchcord Material Charge is applied on a per fiber cable basis to recover the material cost of a
24 fiber pair cable.
Monthly Recurring Charges
The following are monthly charges that apply each month or fraction thereof that the Fiber Optic
Patchcord Cross Connect arrangement is provided.
Facility Termination - Fiber Optic Patchcord . The Facility Termination - Fiber Optic Patchcord
Charge is applied per FOP port into which the fiber cable is connected. This charge recovers the
labor and material cost of the FOP per port.
Fiber OpticPatchcord Duct Space.The Fiber Optic Patchcord Duct Space rate element is
applied per fiber cable and recovers the cost for the central office fiber duct space occupied by
the fiber optic patchcord.