20040126Amendment1.pdf

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17933 N.w. Evergreen Pkwy
O. Box 1100
Beaverton , OR 97076
Ms. Jean Jewell
Idaho Public Utilities Commission
472 W. Washington
Boise, ill
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RE: Amendment 1 to a New Negotiated Agreement between Granite
Telecommunications, LLC and Verizon Northwest Inc.
Dear Ms. Jewell
Enclosed for Commission approval is the original and three copies of Amendment 1 to
the new negotiated agreement between Granite Telecommunications, LLC and Verizon
Northwest Inc. Please call me at [phone] if you have any questions.
Sinceyeo/,
Renee Willer
Verizon Northwest Inc.
Enclosures
AMENDMENT NO.FiLED
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INTERCONNECTION AGREEMENT
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between
VERIZON NORTHWEST INC.
and
GRANITE TELECOMMUNICATIONS, LLC
This Amendment No.1 (the "Amendment") is made bJ and between Verizon Northwest Inc.Verizon ), a Washington corporation with offices at 180041 Street, Everett, Washington 98201 , and
Granite Telecommunications, LLC, a Delaware Limited Liability Company with offices at 234 Copeland
Street, Quincy, Massachusetts 02169 ("Granite ), and shall be deemed effective on December 18, 2003
(the "Amendment Effective Date ). Verizon and Granite are hereinafter referred to collectively as the
Parties" and individually as a "Party , This Amendment covers services in Verizon s service territory in
the State of Idaho (the "State
WITNESSETH:
WHEREAS, Verizon and Granite are Parties to an Interconnection Agreement under Sections
251 and 252 of the Telecommunications Act of 1996 dated December 18, 2003 (the " Agreement"); and
WHEREAS, the Federal Communications Commission (the "FCC") released an order on August
2003 in CCDocket Nos. 01-338,96-98, and 98-147 (the "Triennial Aeview Order" or "TAO"), which
became effective as of October 2, 2003; and
WHEREAS, pursuant to Section 252(a)(1) of the Act, the Parties wish to amend the Agreement
in order to give contractual effect to provisions of the TAO as set forth herein; and
NOW, THEREFORE in consideration of the promises and mutual agreements set forth herein,
the Parties agree to amend the Agreement as follows:
The Parties agree that the Agreement should be amended by the addition of the rates,
terms and conditions set forth in the TAO Attachment and the Pricing Exhibit to the TAO
Attachment attached hereto. The TAO Attachment and the Pricing Exhibit to the TAO
Attachment shall apply notwithstanding any other provision of the Agreement or a
Verizon tariff or a Verizon Statement of Generally Available Terms and Conditions
SGAT").
Conflict between this Amendment and the Aareement.This Amendment shall be
deemed to revise the terms and provisions of the Agreement to the extent necessary to
give effect to the terms and provisions of this Amendment. In the event of a conflict
between the terms and provisions of this Amendment and the terms and provisions of
the Agreement this Amendment shall govern, provided, however, that the fact that a
term or provision appears in this Amendment but not in the Agreement, or in the
Granite 10 TRO Amendment-v121203.doc
Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds
for finding, a conflict for purposes of this Section 2
Counterparts. This Amendment may be executed in one or more counterparts, each of
which when so executed and delivered shall be an original and all of which together
shall constitute one and the same instrument.
Captions. The Parties acknowledge that the captions in this Amendment have been
inserted solely for convenience of reference and in no way define or limit the scope or
substance of any term or provision of this Amendment.
Scope of Amendment.This Amendment shall amend, modify and revise the Agreement
only to the extent set forth expressly in Section 1 of this Amendment. As used herein,
the Agreement, as revised and supplemented by this Amendment, shall be referred to
as the "Amended Agreement." Nothing in this Amendment shall be deemed to amend
or extend the term of the Agreement, or to affect the right of a Party to exercise any right
of termination it may have under the Agreement.
Stay or Aeversal of the TAO . Notwithstanding any contrary provision in the Agreement,
this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this
Amendment, or any Verizon tariff or SGAT shall limit Verizon s right to appeal, seek
reconsideration of or otherwise seek to have stayed, modified, reversed or invalidated
any order, rule, regulation, decision, ordinance or statute issued by the Idaho Public
Utilities Commission, the FCC, any court or any other governmental authority related to,
concerning or that may affect Verizon s obligations under the Agreement, this
Amendment, any Verizon tariff or SGAT, or Applicable Law. The Parties acknowledge
that certain provisions of the TAO are presently on appeal to the United States Court of
Appeals for the District of Columbia Circuit (the "C. Circuit"), and that a Writ of
Mandamus relating to the TAO is presently pending before the D.C. Circuit.
Notwithstanding any other change of law provision in the Agreement, this Amendment,
or any Verizon tariff or SGAT, should the D.C. Circuit or the United States Supreme
Court issue a stay of any or all of the TAO's provisions, any terms and conditions of this
Amendment that relate to the stayed provisions shall be suspended, and shall have no
force and effect, from the effective date of such stay until the stay is lifted. Should the
C, Circuit or the United States Supreme Court reverse any or all of the TAO'
provisions, then any terms and conditions of this Amendment that relate to the reversed
provisions shall be voidable at the election of either Party.
Joint Work Product.This Amendment is a joint work product, and any ambiguities in this
Amendment shall not be construed by operation of law against either Party.
Granite I D TRO Amendment-v121203.doc
SIGNATURE PAGE
IN WITNESS WHEREOF , the Parties hereto haye caused this Amendment to be executed as of the
Amendment Effective Date.
GRANITE TELECOMMUNICATIONS, LLC VERIZON NORTHWEST INC.
By: ~re.By:
~d-.I 0 Y
Printed: Geoff Cookman Printed: John C. Peterson
Title: Director - Regulatory Compliance Title: Director - Contract Administration
Granite ID TRO Amendmenl-v121203.doc
TRO Attachment
General Conditions
Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon
tariff or SGAT: (a) Verizon shall be obligated to provide access to unbundled Network
Elements ("UNEs ), combinations of unbundled Network Elements ("Combinations ), or
UNEs commingled with wholesale services ("Commingling ), to Granite under the terms
of this Amended Agreement only to the extent required by both 47 U,C. 9 251 (c)(3)
and 47 C.R. Part 51, and, (b) Verizon may decline to provide access to UNEs,
Combinations, or Commingling to Granite to the extent that provision of access to such
UNEs, Combinations, or Commingling is not required by both 47 U.C, 9 251 (c)(3) and
47 C.A. Part 51,
Granite may use a UNE, a Combination, or Commingling only for those purposes for
which Verizon is required by 47 U.C. 9251 (c)(3) and 47 C.R. Part 51 to provide
such UNE, Combination, or Commingling to Granite.
Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon
tariff or SGAT, to the extent Verizon is required by a change in Applicable Law to
provide to Granite pursuant to 47 U.C. 9251 (c)(3) and 47 C,R. Part 51 a UNE, a
Combination , or Commingling that is not offered under the Amended Agreement to
Granite as of the Amendment Effective Date, the rates, terms, conditions for such UNE,
Combination, or Commingling shall be as provided in an applicable Verizon tariff, or, in
the absence of an applicable Verizon tariff, as mutually agreed in writing by the Parties.
1.4 Verizon reserves the right to argue in any proceeding before the Idaho Public Utilities
Commission, the FCC or another governmental body of competent jurisdiction that an
item identified in the Agreement or this Amendment as a Network Element (a) is not a
Network Element under 47 U.C, 9251 (c)(3), (b) is not a Network Element Verizon is
required by 47 U.C. 9 251 (c)(3) to provide to Granite, or (c) is an item that Verizon is
not required to offer to Granite at the rates set forth in the Amended Agreement.
Granite 10 TRO Amendment-v121203.doc
TRO Glossary
Notwithstanding any other provision in the Agreement or any Verizon tariff or SGAT, the
following terms, as used in the Amended Agreement, shall have the meanings set forth below:
Call-Related Databases,
Databases, other than operations support systems that are used in signaling networks
for billing and collection, or the transmission, routing, or other provision of a
telecommunications service. Call-related databases include, but are not limited to, the
calling name database, 911 database, E911 database, line information database, toll
free calling database, advanced intelligent network databases, and downstream number
portability databases.
Dark Fiber Transport
An unactivated optical transmission facility within a LATA, without attached multiplexing,
aggregation or other electronics, between Verizon switches (as identified in the LERG)
or wire centers, that is provided on an unbundled basis pursuant to 47 U.C. 9
251 (c)(3) and 47 C.R. Part 51. Dark fiber facilities between (i) a Verizon wire center or
switch and (ii) a switch or wire center of Granite or a third party are not Dark Fiber
Transport.
Dedicated Transport.
A DS1 or DS3 transmission facility between Verizon switches (as identified in the LERG)
or wire centers, within a LATA, that is dedicated to a particular end user or carrier and
that is provided on an unbundled basis pursuant to 47 U.C. 9251 (c)(3) and 47 C,
Part 51. Transmission facilities or services provided between (i) a Verizon wire center or
switch and (ii) a switch or wire center of Granite or a third party are not Dedicated
Transport.
2.4 DS1 Dedicated Transport
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
DS1 Loop.
A digital transmission channel suitable for the transport of 1.544 Mbps digital signals that
is provided on an unbundled basis pursuant to 47 U.C. 9 251 (c)(3) and 47 C.R. Part
51. This loop type is more fully described in Verizon TR 72575, as revised from time to
time. A DS-1 Loop requires the electronics necessary to provide the DS-1 transmission
rate.
DS3 Loop.
A digital transmission channel suitable for the transport of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DS-1 channels) that is provided on
an unbundled basis pursuant to 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51, This Loop
Granite 10 TRO Amendment-v121203.doc
type is more fully described in Verizon TR 72575, as revised from time to time. A DS-
Loop requires the electronics necessary to provide the DS-3 transmission rate.
Enterprise Switchina.
Local Switching or Tandem Switching that, if provided to Granite would be used for the
purpose of serving Granite s customers using DS1 or above capacity Loops.
Feeder.
The fiber optic cable (lit or unlit) or metallic portion of a Loop between a serving wire
center and a remote terminal or feeder/distribution interface.
mH Loop
A Loop consisting entirely of fiber optic cable, whether dark or lit, between the main
distribution frame (or its equivalent) in an end user s serving wire center and the
demarcation point at the end user s customer premises.
House and Riser Cable.
A distribution facility in Verizon s network, other than in a FTTH Loop, between the
minimum point of entry ("MPOE") at a multiunit premises where an end user customer is
located and the Demarcation Point for such facility, that is owned and controlled by
Verizon.
Hybrid Loop
A local Loop composed of both fiber optic cable and copper wire or cable.
Line Sharina
The process by which Granite provides xDSL service over the same copper Loop that
Verizon uses to provide voice service by utilizing the frequency range on the copper
loop above the range that carries analog circuit-switched voice transmissions (the High
Frequency Portion of the Loop, or "HFPL"). The HFPL includes the features, functions,
and capabilities of the copper Loop that are used to establish a complete transmission
path between Verizon s distribution frame (or its equivalent) in its Wire Center and the
demarcation point at the end user s customer premises, and includes the high frequency
portion of any inside wire (including any House and Riser Cable) owned and controlled
by Verizon.
Local Switchina
The line-side, and trunk-side facilities associated with the line-side port, on a circuit
switch in Verizon s network (as identified in the LERG), plus the features, functions, and
capabilities of that switch, unbundled from loops and transmission facilities, including:
(a) the line-side Port (including the capability to connect a Loop termination and a switch
line card, telephone number assignment, dial tone, one primary directory listing, pre-
subscription, and access to 911); (b) line and line group features (including all vertical
features and line blocking options the switch and its associated deployed switch
software are capable of providing that are provided to Verizon s local exchange service
Customers served by that switch); (c) usage (including the connection of lines to lines,
lines to trunks, trunks to lines, and trunks to trunks); and (d) trunk features (including
the connection between the trunk termination and a trunk card).
Granite 10 TRO Amendment-v121203.doc
Mass Market Switchina.
Local Switching or Tandem Switching that Verizon offers on an unbundled basis
pursuant to 47 U.C, 9251 (c)(3) and 47 C,R. Part 51 , and that is provided to Granite
to serve Granite s end user customers over DSO Loops.
Nonconformina Facility.
Any facility that Verizon was providing to Granite on an unbundled basis pursuant to the
Agreement or a Verizon tariff or SGAT prior to October 2,2003, but which Verizon is no
longer obligated to provide on an unbundled basis under 47 U.C. 9 251 (c)(3) and 47
R. Part 51, by operation of either the TRO or a subsequent non impairment finding
issued by the Idaho Public Utilities Commission or the FCC. By way of example and not
by way of limitation, Nonconforming Facilities may include any of the following: (a) any
unbundled dedicated transport or dark fiber facility that is no longer encompassed within
the amended terms applicable to DS1 Dedicated Transport, DS3 Dedicated Transport,
or Dark Fiber Transport; (b) DS1 Dedicated Transport, DS3 Dedicated Transport, or
Dark Fiber Transport on a Route or Routes as to which the Idaho Public Utilities
Commission or the FCC, on or after October 2, 2003, finds telecommunications carriers
to be nonimpaired without access to such facilities; (c) Enterprise Switching; (d) Mass
Market Switching in any market in which the Idaho Public Utilities Commis!?lon or the
FCC, on or after October 2, 2003, finds telecommunications carriers to be nonimpaired
without access to such facilities; (e) Local Switching subject to the FCC's four-line carve
out rule, as described in Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996,CC Docket No 96-98,15 FCC Rcd 3822-31 (1999)
(the "Four-Line Carve Out Rule ); (f) OCn Loops and OCn Dedicated Transport; (g) the
Feeder portion of a Loop; (h) Line Sharing; (i) an EEL that does not meet the service
eligibility criteria established in the TRO; U) any Call-Related Database, other than the
911 and E911 databases, that is not provisioned in connection with Granite s use of
Verizon Mass Market Switching; (k) Signaling that is not provisioned in connection with
Granite s use of Verizon s Mass Market Switching; (I) mH Loops (lit or unlit) in a new
build environment; (m) mH Loops (lit or unlit) in an overbuild environment, subject to
the limited exceptions set forth herein; or (n) any facility or class of facilities as to which
the Idaho Public Utilities Commission or the FCC, on or after October 2, 2003, makes a
general finding of nonimpairment.
Packet Switchina
The routing or forwarding of packets, frames, cells, or other data units based on address
or other routing information contained in the packets, frames, cells or other data units, or
the functions that are performed by the digital subscriber line access multiplexers,
including but not limited to the ability to terminate an end-user customer s copper Loop
(which includes both a low-band voice channel and a high-band data channel, or solely
a data channel); the ability to forward the voice channels, if present, to a circuit switch or
multiple circuit switches; the ability to extract data units from the data channels on the
Loops; and the ability to combine data units from multiple Loops onto one or more trunks
connecting toa packet switch or packet switches.
Qualifyina Service
A telecommunications service that competes with a telecommunications service that has
been traditionally the exclusive or primary domain of the incumbent LECs, including, but
not limited to, local exchange service, such as plain old telephone services, and access
services, such as digital subscriber line services and high-capacity circuits.
Route
Granite 10 TRO Amendment-v121203.doc
A transmission path between one of Verizon s wire centers or switches and another of
Verizon s wire centers or switches within a LATA, A route between two points (e., wire
center or switch "A" and wire center or switch ") may pass through one or more
Verizon intermediate wire centers or switches (e,g" Verizon wire center or switch "
Transmission paths between identical end points (e., Verizon wire center or switch "
and Verizon wire center or switch ") are the same "route , irrespective of whether they
pass through the same intermediate Verizon wire centers or switches, if any.
Sianalina
Signaling includes, but is not limited to, signaling links and signaling transfer points.
Sub-Loop for Multiunit Premises Access
Any portion of a Loop, other than a mH Loop, that is technically feasible to access at a
terminal in Verizon s outside plant at or near a multiunit premises. It is not technically
feasible to access a portion of a Loop at a terminal in Verizon s outside plant at or near a
multiunit premises if a technician must access the facility by removing a splice case to
reach the wiring within the cable,
Sub-Loop Distribution Facility
The copper portion of a Loop in Verizon s network that is between the minimum point of
entry ("MPOE") at an end user customer premises and Verizon s feeder/distribution
interface.
Tandem Switchina
The trunk-connect facilities on a Verizon circuit switch that functions as a tandem switch
plus the functions that are centralized in that switch, including the basic switching
function of connecting trunks to trunks, unbundled from and not contiguous with loops
and transmission facilities. Tandem Switching creates a temporary transmission path
between interoffice trunks that are interconnected at a Verizon tandem switch for the
purpose of routing a call. A tandem switch does not provide basic functions such as dial
tone service.
UNE TRO Provisions
Loops
Hi-Cap Loops. Notwithstanding any other provision of the Agreement or a
Verizon tariff or SGAT, as of October 2,2003:
DS1 Loops.Upon Granite s written request, Verizon shall
provide Granite with nondiscriminatory access to a DS1 Loop on
an unbundled basis under the Amended Agreement in
accordance with, but only to the extent required by, 47 U.C. 9
251 (c)(3) and 47 C.R. Part 51.
DS3 Loops. Upon Granite s written request, Verizon shall
provide Granite with nondiscriminatory access to a DS3 Loop on
an unbundled basis under the Amended Agreement in
accordance with, but only to the extent required by, 47 U.C. 9
251 (c)(3) and 47 C.R. Part 51.
Granite I D TRO Amendment-v121203.doc
FTTH Loops
2.2
1 .Cap on DS3 Loops.Granite may obtain on an
unbundled basis a maximum of two (2) DS-3 Loops (or
two (2) DS-3 equivalents) at any single end user
location. Any Loop previously made available to
Granite at said end user location above the two (2)
Loop cap shall be considered a Nonconforming Facility,
Nonimpairment.Without limiting any other rights Verizon may
have under the Amended Agreement or under Applicable Law,
subject to the provisions of Section 3.8 below, Verizon shall be
under no obligation to provide or continue providing Granite with
nondiscriminatory access to DS-1 Loops or DS3 Loops under the
Amended Agreement at a specific end user location if the Idaho
Public Utilities Commission or the FCC finds that Granite or
CLECs generally are not impaired without access to such DS1
Loops or DS3 Loops at such end user location (or class of
locations). Any DS1 Loops or DS3 Loops previously made
available to Granite at the subject end user location shall be
considered Nonconforming Facilities immediately on the effective
date of the nonimpairment finding and thereafter.
New Builds. Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, Granite shall not be
entitled to obtain access to a FTTH Loop (or any segment
thereof) on an unbundled basis where Verizon has deployed such
a Loop to an end user s customer premises that previously was
not served by any Verizon Loop.
Overbuilds, Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, Granite shall not be
entitled to obtain access to a FTTH Loop (or any segment
thereof) on an unbundled basis where Verizon has deployed the
subject Loop parallel to, or in replacement of, an existing copper
Loop; provided, however, that if such a Loop replaces a copper
Loop that Verizon has retired, and there are no other available
copper Loops or Hybrid Loops, then in accordance with, but only
to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.
Part 51, Verizon shall provide Granite with nondiscriminatory
access on an unbundled basis to a transmission path from
Verizon s serving wire center to the demarcation point at the end
user s customer premises capable of voice grade service,
Hybrid Loops Generally
Granite I D TRO Amendment-v121203.doc
Packet Switchina. Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, Granite shall not be
entitled to obtain access to the Packet Switching Capability of any
Hybrid Loop on an unbundled basis.
Broadband Services, Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, as of October 2,2003,
when Granite seeks access to a Hybrid Loop for the provision of
broadband services," as such term is defined by the FCC, then
in accordance with , but only to the extent required by, 47 U.
1.4
3.4
9251 (c)(3) and 47 C,R, Part 51, Verizon shall provide Granite
with access under the Amended Agreement to the time division
multiplexing features, functions, and capabilities of that Hybrid
Loop, including DS1 or DS3 capacity (but only where impairment
has been found to exist), on an unbundled basis, to establish a
complete transmission path between the main distribution frame
(or equivalent) in the end user s serving wire center and the end
user s customer premises, This access shall include access to all
features, functions, and capabilities of the Hybrid Loop that are
not used to transmit packetized information.
Narrowband Services. Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, as of October 2,2003,
when Granite seeks access to a Hybrid Loop for the provision to
its customer of "narrowband services," as such term is defined by
the FCC , then in accordance with, but only to the extent required
by, 47 U.C. 9251 (c)(3) and 47 C.R. Part 51 , Verizon shall
either (a) provide access under the Amended Agreement to a
spare home-run copper Loop serving that customer on an
unbundled basis, or in Verizon s sole discretion, (b) provide
access under the Amended Agreement, on an unbundled basis,
to a voice-grade transmission path between the main distribution
frame (or equivalent) in the end user s serving wire center and
the end user s customer premises, using time division
multiplexing technology.
Feeder. Notwithstanding any other provision of the Agreement or
any Verizon tariff or SGAT, as of October 2,2003, Granite shall
not be entitled to obtain access to the Feeder portion of a Loop
on an unbundled, standalone basis.
IDLC Hybrid Loops
Notwithstanding any other provision of the Agreement, Section 3.3 above,
or any Verizon tariff or SGAT, if Granite requests, in order to provide
narrowband services, unbundling of a 2 wire analog or 4 wire analog Loop
currently provisioned via Integrated Digital Loop Carrier (over a Hybrid Loop),
Verizon shall, as and to the extent required by 47 U,C. 9251 (c)(3) and 47
R. Part 51 , provide Granite unbundled access to a Loop capable of voice-
grade service to the end user customer served by the Hybrid Loop.
1.4.
1.4.
Granite 10 TRO Amendment-v121203.doc
Verizon will endeavor to provide Granite with an existing copper
Loop or a Loop served by existing Universal Digital Loop Carrier
UDLC"). Standard recurring and non-recurring Loop charges
will apply. In addition , a non-recurring charge will apply
whenever a line and station transfer is performed.
If neither a copper Loop nor a Loop served by UDLC is available,
Verizon shall , upon request of Granite, construct the necessary
copper Loop or UDLC facilities. In addition to the rates and
charges payable in connection with any unbundled Loop so
provisioned by Verizon , Granite shall be responsible for the
following charges: (a) an engineering query charge for
preparation of a price quote; (b) upon Granite s submission of a
firm construction order, an engineering work order nonrecurring
charge; and (c) construction charges, as set forth in the price
quote. If the order is cancelled by Granite after construction work
has started, Granite shall be responsible for cancellation charges
and a pro-rated charge for construction work performed prior to
the cancellation.
1.4.Verizon s performance in connection with providing unbundled
Loops pursuant to this Section 3,1 shall not be subject to
standard provisioning intervals or to performance measures and
remedies, if any, contained in the Amended Agreement or
elsewhere.
Line Sharina
Notwithstanding any other provision in the Agreement or any Verizon tariff or SGAT, as
of October 2, 2003:
Line Sharina,
New Line Sharinq, Verizon shall be under no obligation to
provision new Line Sharing arrangements under the Agreement
or this Amendment; provided, however, that as and to the extent
required by 47 U.C. 9251 (c)(3) and 47 C.R. Part 51 , and
subject to Section 3,3 below, Verizon offers new Line Sharing
arrangements on a transitional basis pursuant to rates, terms,
and conditions offered by Verizon in a separate agreement that is
subject to FCC-prescribed pricing rules.
Sub-Loop
Grandfathered Line Sharina. Any existing Line Sharing
arrangement over a copper Loop or Sub-Loop in place with an
end user customer of Granite will be grandfathered at existing
rates, provided Granite began providing xDSL service to that end
user customer using Line Sharing over that Loop or Sub-Loop
prior to October 2, 2003, and only so long as Granite has not
ceased providing xDSL service to that end user customer at the
same location over that Loop or Sub-Loop.
Sub-Loop for Access to Multiunit Premises. As of October 2, 2003, all
provisions in the Agreement governing Granite access to Inside Wire, House
and Riser or House and Riser Cable are hereby deleted and replaced with
this Section 3., which shall supersede any other provision in the
Agreement or in any Verizon tariff or SGAT in effect prior to October 2,2003.
Upon request by Granite. Verizon shall provide to Granite access to the Sub-
Loop for Multiunit Premises Access in accordance with, but only to the extent
required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51.
Inside Wire Sub-Loop. In accordance with, but only to the extent
required by, 47 U,C. 9 251 (c)(3) and 47 C,R. Part 51, upon
request by Granite, Verizon shall provide to Granite access to a
House and Riser Cable pursuant to this Section 3.1 at the
rates and charges provided in the Agreement. Verizon shall not
reserve a House and Riser Cable for Granite. Granite may
access a House and Riser Cable only between the MPOE for
such cable and the demarcation point at a technically feasible
Granite 10 TRO Amendment-v121203.doc
Granite 10 TRO Amendment-v121203.doc
access point. It is not technically feasible to access inside wire
sub-loop if a technician must access the facility by removing a
splice case to reach the wiring within the cable.
1 Granite must satisfy the following conditions before
ordering access to a House and Riser Cable from
Verizon:
Granite shall locate its facilities within
cross connect distance of the point of
interconnection on such cable, Facilities
are within cross connect distance of a
point of interconnection if they are located
in the same room (not including a hallway)
or within twelve (12) feet of such point of
interconnection.
If suitable space is available, Granite shall
install its facilities no closer than fourteen
(14) inches of the point of interconnection
for such cable, unless otherwise agreed by
the Parties,
Granite s facilities cannot be attached,
otherwise affixed or adjacent to Verizon
facilities or equipment, cannot pass
through or otherwise penetrate Verizon
facilities or equipment and cannot be
installed so that Granite s facilities or
equipment are located in a space where
Verizon plans to locate its facilities or
equipment.
1.4 Granite shall identify its facilities as those
of Granite.
2 To provide Granite 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
Granite, (c) secure space for Granite in any building, (d)
secure access to any portion of a building for Granite or
(e) reserve space in any building for Granite.
3 Verizon shall perform cutover of a Customer to Granite
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 Granite s facilities, and Verizon shall
determine how to perform such installation, Granite
shall coordinate with Verizon to ensure that House and
Riser Cable facilities are converted to Granite in
accordance with Granite s order for such services.
1.4 If proper Granite facilities are not available at the time
of installation, Verizon shall bill Granite, and Granite
shall pay to Verizon, the Not Ready Charge set forth in
the Agreement and the Parties shall establish a new
cutover date,
5 Verizon shall perform all installation work on Verizon
equipment in connection with Granite s use of Verizon
House and Riser Cable. All Granite equipment
connected to a House and Riser Cable shall comply
with applicable industry standards,
6 Verizon shall repair and maintain a House and Riser
Cable at the request of Granite. Granite 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) Granite reports to Verizon a Customer
trouble, (b) Granite 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 Granite shall pay Verizon the charge set
forth in the Agreement for time associated with said
dispatch. In addition , this charge also applies when the
Customer contact as designated by Granite is not
available at the appointed time. If as the result of
Granite instructions, Verizon is erroneously requested
to dispatch to a site on Verizon company premises
dispatch in ), a charge set forth in the Agreement will
be assessed per occurrence to Granite by Verizon. If
as the result of Granite instructions, Verizon is
erroneously requested to dispatch to a site outside of
Verizon company premises ("dispatch out"), a charge
set forth in the Agreement will be assessed per
occurrence to Granite by Verizon.
Sinale Point of Interconnection. In accordance with, but only to
the extent required by, 47 U.C. 9251 (c)(3) and 47 C R. Part
51, upon request by Granite and provided that the conditions set
forth in Subsections 3.1 .1 and 3.2 are satisfied, the
Parties shall negotiate in good faith an amendment to the
Amended Agreement memorializing the terms, conditions and
rates under which Verizon will provide a single point of
interconnection at a multiunit premises suitable for use by
multiple carriers:
1 Verizon has distribution facilities to the multiunit
premises, and either owns and controls, or leases, the
House and Riser Cable at the multiunit premises; and
2 Granite certifies that it will place an order for access to
an unbundled Sub-Loop network element under 47
C. 9251 (c)(3) and 47 C.R. Part 51 via the newly
provided single point of interconnection.
Distribution Sub-Loop Facility. Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, in accordance with, but only to the
Granite 10 TRO Amendment-v121203.doc
3.4
extent required by, 47 U.C. 9251 (c)(3) and 47 C,R, Part 51 , upon site-
specific request, Granite may obtain access to the Distribution Sub-Loop
Facility at a technically feasible access point located near a Verizon remote
terminal equipment enclosure at the rates and charges provided for
Unbundled Sub-Loop Arrangements (or the Distribution Sub-Loop) in the
Agreement. It is not technically feasible to access the sub-loop distribution
facility if a technician must access the facility by removing a splice case to
reach the wiring within the cable,
3.4.
Unbundled Local Circuit Switchina
3.4.
3.4.
General Reauirements. Verizon shall provide Mass Market Switching to
Granite under the Amended Agreement in accordance with, but only to the
extent required by, 47 U.C. 9251 (c)(3) and 47 C.R. Part 51,
Notwithstanding any other provision of the Agreement, this Amendment, or
any Verizon tariff or SGAT , as of October 2,2003, with the exception of the
foregoing obligation to provide Mass Market Switching, Verizon shall have no
other obligation to provide any other form of Local Switching or Tandem
Switching (such as Enterprise Switching) to Granite, and any Local Switching
or Tandem Switching previously made available to Granite shall be
considered a Nonconforming Facility that shall be subject to the transition
provisions of Section 3.8 below. For the avoidance of doubt: (a) Enterprise
Switching is a Nonconforming Facility as of October 2,2003; and (b) Local
Switching subject to the FCC's Four-Line Carve Out Rule is a Nonconforming
Facility by operation of law in effect prior to the Amendment Effective Date.
Nonimpairment.Subject to the provisions of Section 3.8 below, Verizon shall
be under no obligation to continue to provide Granite with nondiscriminatory
access to Mass Market Switching on an unbundled basis under the Amended
Agreement upon a finding by the Idaho Public Utilities Commission or the
FCC that requesting telecommunications carriers are not impaired without
access to Mass Market Switching in a particular market, or where the Idaho
Public Utilities Commission has found that all impairment would be cured by
implementation of a transition plan for unbundled circuit switching in a
particular market.
Sianalina and Call-Related Databases . Verizon shall provide access to
Signaling and Call-related Databases under the Amended Agreement in
accordance with, but only to the extent required by, 47 U,C. 9251 (c)(3) and
47 C.R, Part 51. Specifically, notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, as of October 2 2003, Verizon shall
provide Signaling and Call-Related Databases only in conjunction with the
provision of Local Switching or Tandem Switching that Verizon is otherwise
obligated to make available to Granite under the Amended Agreement;
provided, however that Verizon shall continue to provide nondiscriminatory
access to the 911 and E911 Call-Related Databases in accordance with, but
only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51.
Where Local Switching or Tandem Switching associated with a particular
Signaling facility or Call-Related Database is or becomes a Nonconforming
Facility, the associated Signaling facility or Call-Related Database associated
with that Local Switching or Tandem Switching facility shall also be subject to
the same transitional provisions in Section 3,8 (except for the 911 and E911
Call-Related Databases, as noted above).
Unbundled Interoffice Facilities.
Granite 10 TRO Amendment-v121203.doc
General Reauirements. Notwithstanding any other provision of the
Agreement or any Verizon tariff or SGAT, as of October 2,2003: (a) Verizon
shall provide Dedicated Transport and Dark Fiber Transport under the
Agreement in accordance with, but only to the extent required by, 47 U.C, 9
251 (c)(3) and 47 C.R, Part 51; and (b) Verizon shall provide Dedicated
Transport and Dark Fiber Transport to Granite only if Granite obtains access
to the subject facility in order to provide a "Qualifying Service" on a common
carrier basis.
Dedicated Transport. On or after October 2, 2003, notwithstanding any other
provision of the Agreement or any Verizon tariff or SGAT, and in accordance
with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C,
Part 51:
Upon Granite s written request, Verizon shall provide Granite with
nondiscriminatory access to DS1 Dedicated Transport and DS3
Dedicated Transport on an unbundled basis pursuant to the
Amended Agreement. For the avoidance of doubt: (a) a
transmission facility or service between a Verizon switch or wire
center and a switch or wire center of Granite or a third party is not
Dedicated Transport; and (b) a transmission facility or service
that uses an OCn interface or a SONET interface is not
Dedicated Transport. Subject to the provisions of Section 3,
below, Verizon is under no obligation to provide or continue
providing the Nonconforming Facilities described in clauses (a)
and (b) above under the Agreement or the Amended Agreement.
Cap on Dedicated Transport. Granite may obtain on an
unbundled basis a maximum of twelve (12) DS3 Dedicated
Transport circuits (or twelve (12) DS3-equivalents,
g.
336
DS1s) on any single Route on which unbundled transport is
otherwise available. Any circuit capacity on that Route above
such twelve (12) circuit cap shall be considered a Nonconforming
Facility.
Nonimpairment.Subject to the provisions of Section 3.8 below
Verizon shall be under no obligation to provide or continue
providing Granite with nondiscriminatory access to DS1
Dedicated Transport or DS3 Dedicated Transport on an
unbundled basis under the Amended Agreement on a particular
Route upon a finding by the Idaho Public Utilities Commission or
the FCC that requesting telecommunications carriers are not
impaired without access to DS1 Dedicated Transport or DS3
Dedicated Transport, respectively, on the subject Route(s) or on
all Routes, Any DS1 Dedicated Transport or DS3 Dedicated
Transport previously made available to Granite on the subject
Route(s) shall be considered Nonconforming Facilities
immediately on the effective date of the nonimpairment finding
and thereafter.
Dark Fiber Transport. On or after October 2, 2003, notwithstanding any other
provision of the Agreement or any Verizon tariff or SGAT, and in accordance
with, but only to the extent required by, 47 U.C. 9 251 (c)(3) and 47 C.
Part 51:
Granite 10 TRO Amendment-v121203.doc
Upon Granite s written request, Verizon shall provide Granite with
nondiscriminatory access to Dark Fiber Transport on an
unbundled basis pursuant to the Amended Agreement. For the
avoidance of doubt, Dark Fiber Transport does not include a dark
fiber facility between (a) a Verizon switch or wire center and (b) a
switch or wire center of Granite or any third party, and subject to
the provisions of Section 3.8 below, Verizon is under no
obligation to provide or continue providing such Nonconforming
Facility under the Amended Agreement.
Nonimpairment.Subject to the provisions of Section 3.8 below,
Verizon shall be under no obligation to provide or continue
providing Granite with nondiscriminatory access to Dark Fiber
Transport on an unbundled basis under the Agreement or the
Amended Agreement on a particular Route upon a finding by the
Idaho Public Utilities Commission or the FCC that requesting
telecommunications carriers are not impaired without access to
unbundled Dark Fiber Transport on the subject Route(s) or on all
Routes. Any Dark Fiber Transport previously made available to
Granite on the subject Route(s) shall be considered a
Nonconforming Facility as of the effective date of the
nonimpairment finding.
Comminalina and Combinations.
Comminalina. Notwithstanding any other provision of the Agreement or any
Verizon tariff or SGAT, but subject to the conditions set forth in the following
Section 3.2, Verizon will not prohibit the commingling of an unbundled
Network Element or a combination of unbundled Network Elements obtained
under the Agreement or Amended Agreement pursuant to 47 U.C. 9
251 (c)(3) and 47 C.R. Part 51 , or under an Verizon UNE tariff ("Qualifying
UNEs ), with wholesale services obtained from Verizon under a Verizon
access tariff or separate non-251 agreement ("Qualifying Wholesale
Services ), but only to the extent and so long as commingling is required by
47 U.C, 9251 (c)(3) and 47 C.R. Part 51, Moreover, to the extent and so
long as required by 47 U.C. 9 251 (c)(3) and 47 U,C. Part 51, Verizon
shall, upon request of Granite, perform the functions necessary to commingle
Qualifying UNEs with Qualifying Wholesale Services. Subject to Section
3 below, the rates, terms and conditions of the applicable access tariff or
separate non-251 agreement will apply to the Qualifying Wholesale Services,
and the rates, terms and conditions of the Amended Agreement or the
Verizon UNE tariff, as applicable, will apply to the Qualifying UNEs; provided,
however that a nonrecurring charge will apply for each UNE circuit that is
part of a commingled arrangement, as set forth in the Pricing Attachment to
this Amendment. This charge is intended to offset Verizon s costs of
implementing and managing commingled arrangements. "Ratcheting," as
that term is defined by the FCC, shall not be required. Qualifying UNEs that
are commingled with Qualifying Wholesale Services are not included in the
shared use provisions of the applicable tariff. Verizon s performance in
connection with the provisioning of commingled facilities and services shall
not be subject to standard provisioning intervals, or to performance measures
and remedies, if any, contained in the Amended Agreement or elsewhere,
Service Eliaibility Criteria for Certain Combinations and Comminaled Facilities
and Services. Notwithstanding any other provision of the Agreement, this
Amendment, or any Verizon tariff or SGAT to the contrary:
Granite 10 TRO Amendment-v121203.doc
Granite 10 TRO Amendment-v121203.doc
Verizon shall not be obligated to provide:
1 an unbundled DS1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with
DS1 or DS3 access services;
2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3
access services;
3 unbundled DS1 Dedicated Transport commingled with
DS1 channel termination access service;
1.4 unbundled DS3 Dedicated Transport commingled with
DS1 channel termination access service; or
5 unbundled DS3 Dedicated Transport commingled with
DS3 channel termination service,
unless and until Granite: (a) certifies in writing to Verizon for
each DS1 circuit or DS1 equivalent circuit that it is Jr:I compliance
with each of the service eligibility criteria set forth in 47 C,R, 9
51.318, Granite must remain in compliance with said service
eligibility criteria for so long as Granite continues to receive the
aforementioned combined or commingled facilities and/or
services from Verizon, The service eligibility criteria shall be
applied to each DS1 circuit or DS1 equivalent circuit. If the circuit
is, becomes, or is subsequently determined to be, noncompliant,
the noncompliant circuit will be treated as a Nonconforming
Facility subject to the provisions of Section 3,8 below. The
foregoing shall apply whether the circuits in question are being
provisioned to establish a new circuit or to convert an existing
wholesale service, or any part thereof, to unbundled network
elements, For existing circuits, the CLEC must re-certify in
writing for each DS1 circuit or DS1 equivalent within 30 days of
the Amendment Effective Date. Circuits not re-certified shall be
Nonconforming Facilities.
Each written certification to be provided by Granite pursuant to
Section 3.1 above must contain the following information for
each DS1 circuit or DS1 equivalent: (a) the local number
assigned to each DS1 circuit or DS1 equivalent; (b) the local
numbers assigned to each DS3 circuit (must have 28 local
numbers assigned to it); (c) the date each circuit was established
in the 911/E911 database; (d) the collocation termination
connecting facility assignment for each circuit, showing that the
collocation arrangement was established pursuant to 47 U,C. 9
251 (c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves
each DS1 circuit. There must be one such identification number
per every 24 DS1 circuits; and (f) the local switch that serves
each DS1 circuit. When submitting an ASR for a circuit, this
information must be contained in the Remarks section of the
ASR, unless provisions are made to populate other fields on the
ASR to capture this information.
2.4
The charges for conversions are as specified in the Pricing
Attachment to this Amendment and apply for each circuit
converted,
Until such time as Verizon implements its ASR-driven conversion
process in the East, conversion of access circuits to unbundled
Network Elements will be performed manually pursuant to
Verizon s conversion guidelines. The effective bill date for
conversions is the first of the month following Verizon s receipt of
an accurate and complete ASR or electronic request for
conversion pursuant to Verizon s conversion guidelines.
All ASR-driven conversion requests will result in a change in
circuit identification (circuit ID) from access to UNE or UNE to
access. If such change in circuit ID requires that the affected
circuit(s) be retagged, then a retag fee per circuit will apply as
specified in the pricing attachment.
All requests for conversions will be handled as a project and will
be excluded from all ordering and provisioning metrics.
Once per calendar year, Verizon may obtain and pay for an
independent auditor to audit Granite s compliance in all material
respects with the service eligibility criteria applicable to EELs.
Any such audit shall be performed in accordance with the
standards established by the American Institute for Certified
Public Accountants, and may include, at Verizon s discretion, the
examination of a sample selected in accordance with the
independent auditor s judgment. To the extent the independent
auditor s report concludes that Granite failed to comply with the
service eligibility criteria for any DS1 or DS1 equivalent circuit
then Granite must convert all noncompliant circuits to the
appropriate service, true up any difference in payments, make the
correct payments on a going-forward basis, reimburse Verizon for
the entire cost of the audit within thirty (30) days after receiving a
statement of such costs from Verizon. Should the independent
auditor confirm Granite s compliance with the service eligibility
criteria for each DS1 or DS1 equivalent circuit, then Granite shall
provide to the independent auditor for its verification a statement
of Granite s out-of-pocket costs of complying with any requests of
the independent auditor, and Verizon shall then reimburse
Granite for its out-of-pocket costs within thirty (30) days of the
auditor s verification of the same. Granite shall maintain records
adequate to support its compliance with the service eligibility
criteria for each DS1 or DS1 equivalent circuit for at least
eighteen (18) months after the service arrangement in question is
terminated.
Routine Network Modifications,
General Conditions. In accordance with, but only to the extent required by,
47 U,C. 9251 (c)(3) and 47 C.R. Part 51, Verizon shall make such routine
network modifications, at the rates and charges set forth in the Pricing
Attachment to this Amendment, as are necessary to permit access by Granite
to the Loop, Dedicated Transport, and Dark Fiber Transport facilities available
under the Amended Agreement, including DS1 Loops and DS1 Dedicated
Granite 10 TRO Amendment-v121203.doc
Transport, and DS3 Loops and DS3 Dedicated Transport. Where facilities
are unavailable, Verizon will not perform trenching, pull cable, construct new
Loops or Transport or install new aerial, buried, or underground cable to
provision an order of Granite. Routine network modifications applicable to
Loops or Transport may include, but are not limited to: rearranging or splicing
of in-place cable at existing splice points; adding an equipment case; adding
a doubler or repeater; installing a repeater shelf; deploying a new multiplexer
or reconfiguring an existing multiplexer; accessing manholes; and deploying
bucket trucks to reach aerial cable. Routine network modifications applicable
to Dark Fiber Transport may include, but are not limited to, splicing of in-place
dark fiber at existing splice points; accessing manholes; deploying bucket
trucks to reach aerial cable; and routine activities, if any, needed to enable
Granite to light a Dark Fiber Transport facility that it has obtained from
Verizon under the Amended Agreement. Routine network modifications do
not include the installation of new aerial or buried cable for a requesting
telecommunications carrier or the placement of new cable.
Performance Plans.Verizon s performance in connection with the
provisioning of Loops or Transport (including Dark Fiber Transport) for which
routine network modifications are necessary shall not be subject to standard
provisioning intervals, or to performance measures and remedies, if any,
contained in the Amended Agreement or elsewhere.
Transitional Provisions for Nonconformina Facilities.
Nonconformina Facilities - Switchina. In accordance with, but only to the
extent required by, 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 , Verizon and
Granite will abide by the following transitional procedures with respect to
Mass Market Switching and Enterprise Switching:
Granite 10 TRO Amendment-v121203.doc
Mass Market Switchinq. Upon a finding by the Idaho Public
Utilities Commission that no impairment exists in a particular
market with respect to Mass Market Switching, Verizon will
continue accepting orders under the Amended Agreement for
Mass Market Switching for a transitional period of five (5) months.
Thereafter, Verizon shall be under no obligation to accept new
orders for Mass Market Switching. Counting from the date of the
Idaho Public Utilities Commission s order finding no impairment in
a particular market or markets, Granite shall submit orders to
Verizon to migrate the embedded base of its end user customers
in the subject market off of Verizon s Mass Market Switching
product to any other switching service or product made available
by Verizon, subject to Section 3.3 below, under separate
agreement, or to Granite s own or a third party s facilities, in
accordance with the following schedule: (a) during month 13,
Granite must submit orders to migrate one-third of its embedded
base of end user customers; (b) during month 20, Granite must
submit orders to migrate one-half of the remaining embedded
base of end user customers; and (c) during month 27, Granite
must submit orders to migrate the remainder of its embedded
base of end user customers, For purposes of the foregoing
schedule, customers already in a "rolling" transition plan
established by the Idaho Public Utilities Commission shall not be
included in the embedded base.
Enterprise Switchina . Verizon will provide Granite with at least
thirty (30) days advance written notice of the date on which
Verizon will cease provisioning Enterprise Switching to Granite.
Verizon agrees to continue provisioning Enterprise Switching to
Granite under the terms of the Amended Agreement during a
transitional period, which transitional period shall end on the date
set forth in the notice. Beginning January 1 , 2004, Granite shall
have ninety (90) days in which to submit orders to Verizon to
migrate its embedded base of end user customers served by
Verizon s Enterprise Switching product to any other switching
service or product made available by Verizon, subject to Section
3 below, under separate agreement, or to Granite s own or a
third party s facilities.
Other Nonconformina Facilities, With respect to any Nonconforming Facility
not addressed in Section 3.1 above, Verizon will notify Granite in writing as
to any particular unbundled facility previously made available to Granite that
is or becomes a Nonconforming Facility, as defined herein. The Parties
acknowledge that such notice was issued prior to the execution of this
Amendment with respect to certain Nonconforming Facilities. During a
transitional period of thirty (30) days from the date of such notice, Verizon
agrees to continue providing the Nonconforming Facilities addressed in the
subject notice(s) to Granite under the terms of the Amended Agreement. At
the end of that thirty (30) day period, unless Granite has submitted an LSR or
ASR, as appropriate, to Verizon requesting disconnection of the
Nonconforming Facility, Verizon shall, subject to Section 3.3 below, convert
the subject Nonconforming Facilities to an analogous access service, if
available, or if no analogous access service is available, to such other service
arrangement as Granite may have separately secured from Verizon (e.
g.,
separate agreement at market-based rates or resale); provided, however that
where there is no analogous access service, if Granite has not separately
secured from Verizon, subject to Section 3,3 below, a substitute service
within such thirty (30) day period, then Verizon may disconnect the
Nonconforming Facilities; and provided, further that with respect to any dark
fiber facility that, pursuant to the terms of this Amendment, is (or becomes) a
Nonconforming Facility, the transition period shall be ninety (90) days from
the date of the aforementioned notice; and provided further, that unless
Granite, subject to Section 3.3 below, has separately secured from Verizon
a suitable transitional services agreement for such dark fiber facilities within
that ninety (90) day period, Verizon may disconnect the Nonconforming
Facility in question, Where the Nonconforming Facilities are converted to an
analogous access service, Verizon shall, subject to Section 3.3 below
provide such access services at the month-to-month rates, and in accordance
with the terms and conditions, of Verizon s applicable access tariff, with the
effective bill date being the first day following the thirty (30) day notice period.
Granite shall pay all applicable termination charges, if any, for any
Nonconforming Facilities that Granite requests Verizon to disconnect, or that
Verizon disconnects as permitted by terms of this Amendment or otherwise.
Limitation With Respect to Substitute Services.Notwithstanding any contrary
provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, to
the extent a Nonconforming Facility is replaced, in whole or in part, by a
service, facility or arrangement that Verizon is not required by 47 U,C, 9
251 (c)(3) and 47 C.R, Part 51 to provide, including without limitation an
analogous access service (a "Substitute Service ), any negotiations regarding
the rates, terms or conditions of such Substitute Service shall not be deemed
Granite 10 TRO Amendment-v121203.doc
to have been conducted pursuant to this Amended Agreement or 47 U.C, 9
252(a)(1) (or 47 C.R. Part 51), and the rates, terms, and conditions of any
such Substitute Service shall not be subject to arbitration pursuant to 47
C. 9 252(b). Verizon does not agree to negotiate pursuant to 47 U.C. 9
252(a)(1) the rates, terms, or conditions of any Substitute Service. Any
reference in this Amended Agreement to Verizon s provision of a service that
Verizon is not required by 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 to
provide is solely for the convenience of the Parties and shall not be construed
in a manner contrary to this Section 3.
Granite I D TRO Amendment-v121203.doc
General
Pricing Attachment to the TRO Amendment
As used in this Attachment:
Services" means and includes any Network Element or other service, facility,
equipment or arrangement, provided pursuant to this Amendment; and,
Charges" means the rates, fees, charges and prices for a Service.
Charges for Services provided under the Amended Agreement shall be those set forth in
Exhibit A of this Pricing Attachment and in the Amended Agreement (including any cross
references therein to applicable tariffs). For rate elements provided in Exhibit A of this
Pricing Attachment that do not include a Charge, if any, whether marked as "TBD" or
otherwise, Verizon is developing such Charges and has not finished developing such
Charges as of the Amendment Effective Date, When Verizon finishes developing such
a Charge, Verizon shall notify Granite in writing of such Charge in accordance with, and
subject to, the notices provisions of the Amended Agreement and thereafter shall bill
Granite, and Granite shall pay to Verizon, for Services provided pursuant to this
Amendment on the Amendment Effective Date and thereafter in accordance with such
Charge. Any Charges set out in a notice provided by Verizon to Granite pursuant to this
Section 1 .2 shall be deemed to be a part of Exhibit Aof this Pricing Attachment
immediately after Verizon sends such notice to Granite and thereafter.
In the absence of Charges for a Service established pursuant to Section 1.2 of this
Attachment, the Charges for the Service shall be the Charges required, approved, or
otherwise allowed to go into effect, by the Idaho Public Utilities Commission or the FCC
(including, but not limited to, in a tariff that has been filed with the Idaho Public Utilities
Commission or the FCC), provided such Charges are not subject to a stay issued by any
court of competent jurisdiction.
1.4 In the absence of Charges for a Service established pursuant to Sections 1.2 through
3 of this Attachment, the Charges for the Service shall be mutually agreed to by the
Parties in writing,
Granite 10 TRO Amendment-v121203.doc
Idaho
DescriDtion - UNE DS-o Network Modifications Non-Recurring Monthly
Charge Recurring
Charge
ENGINEERING QUERY $169.$0.
ENGINEERING WORK ORDER'$650.$0.
EXPEDITE ENGINEERING QUERyJ $242.46 $0.
EXPEDITE ENGINEERING WORK ORDERo $1,029.$0.
REMOYAL OF LOAD COILS -Initial- Greater than 12K ft.$249.$0.
REMOVAL OF LOAD COILS- Subsequent - Greater than 12K ft.$1,067.$0.
REMOVAL OF BRI DGED TAPS - Initial - Greater than 12K ft.$318.$0.
REMOVAL OF BRIDGED TAPS- Subsequent - Greater than 12K ft.$34.$0.
REMOV AL OF BRIDGED TAPS & LOAD COILS - Initial - Greater than 12K ft.$568.$0.
REMOVAL OF BRIDGED TAPS & LOAD COILS - Subsequent - Greater than 12K ft.$34.$0.
LINE & STATION TRANSFER $147.$0.
COPPER TO DLC REARRANGEMENT $295.$0.
INSTALLATION OF REPEATER $946.$0.
INSTALLATION OF RANGE EXTENDER $946.$0.
CLEAR DEFECTIVE PAIR $225.$0.
SERVING TERMINAL INSTALLATION (Existing Facilities)Time & Materials $0.
UPGRADE EXISTING SERVING TERMINAL (Existing Facilities)Time & Materials $0.
ACTIVATE DEAD COPPER CABLE PAIR $147.$0.
REASSIGNMENT OF EXISTING NON-WORKING CABLE PAIR $75.$0.
BINDER GROUP FACILITY REARRANGEMENT $147.$0.
REARRANGEMENT - IDLC TO COPPER $147.$0.
REARRANGEMENT -IDLC TO UDLC $147.$0.
DISPATCH - CHANNEL UNIT INTO EXISTING COTTED/UOLC $68.$0.
PERFORM COPPER REARRANGEMENT $147.$0.
OTHER REQUIRED MODIFICATIONS Time & Materials $0.
Descri tion - UNE DS-1 DS-3 Network Modifications Non -Monthly
Recurring Recurring
Charge Charge
ENGINEERING QUERY'169.$0.
ENGINEERING WORK ORDER'650.$0.
EXPEDITE ENGINEERING QUERyJ 242.46 $0.
EXPEDITE ENGINEERING WORK ORDERo 029.$0.
OS-1/ DS-3 NETWORK MODIFICATION'000.$0.
OTHER REQUIRED MODIFICATIONS Time & Materials $0.
Notes:
Engineering Query Charges apply in addition to other listed rates.
Engineering Work Order Charges apply in addition to other listed rates.
Expedite Engineering Query Charges or Expedite Engineering Work Order apply in
EXHIBIT A .
. The rate schedules shown are subject to unilateral change by Verizon, unless and until finalized in connection with an executed
interconnection agreement amendment.
Granite I D TRO Amendment-v121203.doc
addition to other listed rates.
DS-1 / DS-3 Network Modifications Include the following: Installation of new apparatus case, multiplexer reconfiguration,
installation of new multiplexer, removal/installation of required electronics, copper rearrangement (DS-1 only), removal of load
coils, installation of double card, cross-connection to existing fiber facility, installation of line card, removal of bridge taps, clear
defective pair (where feasible).
When routine network modifications are performed on a loop and transport that are
combined, charaes apply to both 1000 and transoort.
Other Non-Recurring
CharGe
Commingled Arrangements - per UNE circuit $50.
Accessed To Splice Point Sub-loop Unbundling Time & Materials
Unbundled Fiber To The Home Loop Narrowband TBD - NRC TBD - MRC
Conversion Charges
Voice Grade/DSO 1- 24 Circuits per service order $99.
Voice Grade/DSO 25+ Circuits - First Service Order (MOG) per service order $99.
Voice Grade/DSO 25+ Circuits - Additional Service Order (MOG) per service order $4.
Voice Grade/DSO Per Circuit Conversion Charge $41.64
DS1 and above 1-24 Circuits per service order $117.
DS1 and above 25+ Circuits - First Service Order (MOG) per service order $117.
DS1 and above 25+ Circuits - Additional Service Order (MOG) - per service order $4.
DS1 and above Per Circuit Conversion Charge $41.
Circuit Retag per circuit $20.
Dark Fiber
Dark Fiber Routine Network Modifications Time and Materials
Granite ID TRO Amendment-v121203.doc