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17933 N.W Evergreen Pkwy
PO, Box 1100
Beaverton , OR 97076
Ms. Jean Jewell
Idaho Public Utilities Commission
472 W. Washington
Boise, ill J/'Z ;lr'l~tJfti J
RE: 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 a new negotiated
agreement between Granite Telecommunications, LLC and Verizon Northwest Inc.
Please call me at (503) 645-7909 if you have any questions.
in ely,
nee Willer
Verizon Northwest Inc.
Enclosures
HECEIVED
F!LED
ZOG4 JAN 26 PM 4: ~;
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ITIL,!T!ES COf1t'11SSION
AGREEMENT
by and between
GRANITE TELECOMMUNICATIONS, LLC
and
VERIZON NORTHWEST INC.
FOR THE STATE OF
IDAHO
AG R E EM ENT .... ...... .................... ..................................................................................................... 1
TABLE OF CONTENTS
10.
11.
12.
13.
14.
The Ag reement..... ""'" .......................................................... ................. ....................
Term and Termination...............................................................................................
Glossary and Attachments.......................................................................................
Applicable Law................. ................................................................... .......................
Assignment ................................................................................................................
Assurance of Payment......
....... ............................................................... ..................
Audits..........................................................................................................................
Authorization ..............................................................................................................
Billing and Payment; Disputed Amounts ................................................................
Confidentiality ............................................................................................................
Counterparts ..............................................................................................................
Default.........................................................................................................................
Discontinuance of Service by Granite.....................................................................
Dispute Resolution............................................. .....
.............................................. ....
15.Force Majeu re ................................................................ ............................................
16.Forecasts..................................................................................................................1 0
17.Fraud........................................................................ .................................... .............1 0
18.Good Faith Performance .........................................................................................
19.Head ings ................................................................................................................... 11
20.Indemn ification ....................................................... ................................................. 11
21.Insu rance .................................................................................................................. 12
22.Intellectual Property .................................................................."............................
23.Joint Work Prod uct............................................ ......................................................
24.Law Enforcement ...........................................................................-..........................
25.Liabil ity .................................... .................................................................................
G ranite Comp_v2. 7c.doc
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
Network Management. ...................................................... .......................................
Non-Exclusive Remedies ..........................................................."...........................
Notice of Network Changes ...................................................................."..............
Notices ............... ............... ............................... ........................................................ .
Ordering and Maintenance .....................................................................................
Performance Standards ..........................................................................................
Point of Contact for Granite Customers................................................................
Predecessor Agreements .......................................................................................
Publicity and Use of Trademarks or Service Marks .............................................
References........................... ..................................................................................... 19
Relationship of the Parties .....................................................................................
Reservation of Rights........................................... .......................................... ....... ..
Subcontractors ........................................................................................................
Successors and Assigns............
........................................................................... .
Survival.....................................................................................................................
Taxes.........................................................................................................................
Tech nology Upgrades.............................. ........................
...................................... .
Territory .. ........................................................ ......................................................... .
Th ird Party Beneficiaries........................................................................ ............... .
251 and 271 Requirements .....................................................................................
252(i) Obi igations............................................................. ....................................... .
47.Use of Service....................................................................................................... ...
48.Waiver .........
~.............................................................................................................
49.Warranties ................................................................................................................
SIG NA TU R E P AG E
....................................................................... ........................... ................... ..
50.Withdrawal of Services.......................................................... ............................... ..
GLOSSARY....................................................................................................................................
General Ru Ie........................................................................................................... ..
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Definitions ................................................................................................................
ADDITIONAL SERVICES A TT ACHM ENT ....................................................................................
Alternate Bi lied Calls.......................... .......................................................
............ ..
10.
11.
12.
Dialing Parity - Section 251 (b )(3) ...........................................................................
Directory Assistance (DA) and Operator Services (OS) ......................................
Directory Listing and Directory Distribution.........................................................
Voice Information Service Traffic ..........................................................................
Intercept and Referral Announcements ................................................................
Originating Line Number Screening (OLNS).........................................................
Operations Support Systems (OSS) Services ......................................................
Poles, Ducts, Conduits and Rights-of-Way...........................................................
Telephone Numbers............................. ......... .......................................................... 51
Routing for Operator Services and Directory Assistance Traffic.......................
Good Faith Performance.......................................................
................................. .
NTERCON N ECTION A TT AC H M ENT
.................................. ........................................................ .
General......................................................................................................................
Points of Interconnection and Trunk Types .........................................................
Alternative I nterconnection Arrangements........................................................... 57
In itiating Intercon nection ........................................................................................ 57
Transmission and Routing of Telephone Exchange Service Traffic..................
Traffic Measurement and Billing over Interconnection Trunks ..........................
Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the
Act .............................................................................................................................
Other Types of Traffic ..........................................................-...................................
Transmission and Routing of Exchange Access Traffic .....................................
10.Meet-Point Bill ing Arrangements............................................................ ...............
11.Toll Free Service Access Code (e., 800/888/877) Traffic ..................................
12.Tandem Transit Traffic............................................................................................ 67
Granite Comp- v2.7c.doc
13.
14.
15.
16.
17.
Number Resources, Rate Center Areas and Routing Points ..............................
Joint Network Implementation and Grooming Process; and Installation,
Maintenance, Testing and Repair ..........................................................................
Number Portability - Section 251 (B)(2) ..........................................................."..... 71
Good Faith Performance.......................................... ......... ...................................... 74
Transport and Termination of Indirect Interconnection Traffic ..........................
RESALE A TT AC H M ENT ...................................... ......................................................... ................ 76
General..... ............................................................. .................. ..................................
Use of Verizon Telecommunications Services ..................................................... 76
Availability of Verizon Telecommunications Services ........................................
Responsibility for Charges ..................................................................................... 77
Operations Matters
.................. ............................................. ...................................
Rates and Charges
................................................................................ ..................
Good Faith Performance................................................... ..........
...................... ......
NETWORK ELEM ENTS A TT ACHM ENT ...................................................................................... 79
General......................................................................................................................
Verizon s Provision of Network Elements.............................................................
Loop Transmission Types...................................................................................... 80
Line Sharing....................................................................... ......................................
Line Spl itting ........................................................................... .....
~....... ....................
Sub-Loop ..................................................................................................................
Inside Wire.............................................................................................................. 1
Dark Fi ber ............................................................................... ................................101
Network Interface Device .
.....................................................................................
1 07
10.Unbundled Switch ing Elements ...........................................................................1 09
11.Unbundled Interoffice Facilities ...........................................................................110
12.Signaling Networks and Call-Related Databases ...............................................11 0
13.Operations Support Systems ...............................................................................112
Granite Comp_v2.7c.doc
14.Availability of Other Network Elements on an Unbundled Basis .....................112
15.Maintenance of Network Elements ......................................................................113
16.Combinations .........................................................................................................114
17.Rates and Charges ................................................................................................114
18.Good Faith Performance .......................................................................................114
COLLOCATION A TT ACH M ENT .................................................................................................115
Verizon s Provision of Collocation ......................................................................115
911 ATTACH M ENT ......................................................................................................................151
911/E-911 Arrangements .......................................................................................151
Electron ic Interface........ ......
............................................ ...... .............................. .
151
911 Interconnection ...............................................................................................152
911 Facilities ..........................................................................................................152
Local Number Portability for use with 911 ..........................................................152
PSAP Coord ination ........ ............
.............. ..... ....................
..................................... 152
911 Compensation .................................................................................................152
911 Rules and Regulations ...................................................................................152
Good Faith Performance .......................................................................................153
PRICING ATTACHMENT .............................................................................................................154
General........................................................ ............................................................ 154
Verizon Telecommunications Services Provided to Granite for Resale
Pursuant to the Resale Attachment .....................................................................154
Gran ite Prices ........................................................................................................156
Section 271 .............................................................................................................156
APPENDIX A TO THE PRICING ATTACHMENT .......................................................................158
Regulatory Review of Prices ................................................................................157
G ranite Comp- v2.7c.doc
AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective as of December 18, 2003 (the "Effective
Date ), between Granite Telecommunications, LLC ("Granite ), a Limited Liability Company
organized under the laws of the State of Delaware, with offices at 234 Copeland Street, Quincy,
MA 02169 and Verizon Northwest Inc. ("Verizon ), a corporation organized under the laws of the
State of Washington with offices at 1800 41 st Street, Everett, W A 98201 (Verizon and Granite
may be referred to hereinafter, each, individually as a "Party", and, collectively, as the "Parties
GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, pursuant to Section 252 of the Act, Verizon and Granite hereby agree as follows:
The Agreement
This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Party that has been accepted by the other
Party.
Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Party, shall be resolved in accordance with the following order of precedence
where the document identified in subsection "(a)" shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Party. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.
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
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and , as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). In connection with
the foregoing, Verizon expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Verizon and Granite.
1.4 Except as otherwise provisioned in the Principal Document, the Principal
Document may not be waived or modified except by a written document that is
Granite I D - Comp- v2. 7 c.doc
signed by the Parties. Subject to the requirements of Applicable Law, a Party
shall have the right to add , modify, or withdraw, its Tariff(s) at any time, without
the consent of, or notice to, the other Party.
Term and Termination
2.4
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 December 17, 2005 (the "Initial Term ). Thereafter, this Agreement shall
continue in force and effect unless and until cancelled or terminated as provided
in this Agreement.
Either Granite 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.
If either Granite or Verizon provides notice of termination pursuant to Section 2.
and on or before the proposed date of termination either Granite 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 Granite and Verizon; or, (b) the date one (1) year after the
proposed date of termination.
If either Granite or Verizon provides notice of termination pursuant to Section 2.
and by 11 :59 PM Eastern Time on the proposed date of termination neither
Granite nor Verizon has requested negotiation of a new interconnection
agreement, (a) this Agreement will terminate at 11 :59 PM Eastern Time on the
proposed date of termination, and (b) the Services being provided under this
Agreement at the time of termination will be terminated, except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(SGAT).
Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
911 Attachment
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 Idaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
Granite I D - Comp- v2. 7 c.doc
4.4
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.
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. If within thirty (30) days of the effective date of such decision
determination, action or change, the Parties are unable to agree in writing upon
mutually acceptable revisions to this Agreement, 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, without first pursuing
dispute resolution in accordance with Section 14 of this Agreement.
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 Granite hereunder, then Verizon may discontinue the provision
of any such Service , payment or benefit, and Granite shall reimburse Verizon for
any payment previously made by Verizon to Granite that was not required by
Applicable Law. Verizon will provide thirty (30) days prior written notice to
Granite 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.
Granite Comp_v2.7c.doc
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
6.4
Upon request by Verizon , Granite shall, at any time and from time to time,
provide to Verizon adequate assurance of payment of amounts due (or to
become due) to Verizon hereunder.
Assurance of payment of charges may be requested by Verizon if Granite (a)
prior to the Effective Date , has failed to timely pay a bill rendered to Granite by
Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill
rendered to Granite by Verizon or its Affiliates, (c) in Verizon s reasonable
judgment, at the Effective Date or at any time thereafter, is unable to
demonstrate that it is creditworthy, 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 consist
of an unconditional , irrevocable standby letter of credit naming Verizon as the
beneficiary thereof and otherwise in form and substance satisfactory to Verizon
from a financial institution acceptable to Verizon. The letter of credit shall be in
an amount equal to two (2) months anticipated charges (including, but not limited
, both recurring and non-recurring charges), as reasonably determined by
Verizon, for the Services to be provided by Verizon to Granite in connection with
this Agreement. If Granite meets the condition in subsection 6.2(d) above or has
failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in
any twelve (12)-month period, Verizon may, at its option, demand (and Granite
shall provide) additional assurance of payment, consisting of monthly advanced
payments of estimated charges as reasonably determined by Verizon, with
appropriate true-up against actual billed charges no more frequently than once
per calendar quarter.
(Intentionally Left Blank).
(Intentionally Left Blank).
Verizon may (but is not obligated to) draw on the letter of credit upon notice to
Granite in respect of any amounts to be paid by Granite hereunder that are not
paid within thirty (30) days of the date that payment of such amounts is required
by this Agreement.
If Verizon draws on the letter of credit, upon request by Verizon, Granite shall
provide a replacement or supplemental letter of credit 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
then Verizon shall have no obligation thereafter to perform under this Agreement
until such time as Granite has provided Verizon with such assurance of payment.
The fact that a letter of credit is requested by Verizon hereunder shall in no way
relieve Granite from compliance with the requirements of this Agreement
(including, but not limited to, any applicable Tariffs) as to advance payments and
Granite Comp_v2.7c.doc
Audits
7.4
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.
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
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 Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
Granite represents and warrants that it is a Limited Liability Company duly
organized, validly existing and in good standing under the laws of the State of
Delaware, and has full power and authority to execute and deliver this
Agreement and to perform its obligations under this Agreement.
Granite Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to perform under this Agreement until such time as Granite has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in Idaho. Granite shall not place any
orders under this Agreement until it has obtained such authorization. Granite
shall provide proof of such authorization to Verizon upon request.
Billing and Payment; Disputed Amounts
Granite Comp_v2.7c.doc
10.
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.
Notice of a dispute may be given by a Party at any time, either before or after an
amount is paid, and a Party s payment of an amount shall not constitute a waiver
of such Party s right to subsequently dispute its 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
, Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date, shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
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.
Confidentiality
10.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
Granite Comp_v2.7c.doc
10.
10.
10.4
10.1.4
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
as Confidential Information pursuant to Sections 10.5 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.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;
G ranite Comp_v2. 7c.doc
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;
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.
10.4.4 is independently developed by the Receiving Party;
10.is approved for disclosure or use by written authorization of the
Disclosing Party (including, but not limited to, in this Agreement); or
10.
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.
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.
10.4.
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. 9 222,
and are not intended to constitute a waiver by a Party of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
10.Each Party s obligations under this Section 10 shall survive expiration
cancellation or termination of this Agreement.
11.Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12.Default
If either Party ("Defaulting Party ) fails to make a payment required by this Agreement
(including, but not limited to, any payment required by Section 9.3 of undisputed amounts
Granite Comp- v2.7c.doc
13.
to the billing Party) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30) days after written notice thereof from
the other Party, the other Party may, by written notice to the Defaulting Party, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
13.
Discontinuance of Service by Granite
13.
14.
15.
If Granite 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 , Granite shall send written notice of such
discontinuance to Verizon, the Commission , and each of Granite s Customers.
Granite shall provide such notice such number of days in advance of
discontinuance of its service as shall be required by Applicable Law. Unless the
period for advance notice of discontinuance of service required by Applicable
Law is more than thirty (30) days, to the extent commercially feasible, Granite
shall send such notice at least thirty (30) days prior to its discontinuance of
service.
13.
Such notice must advise each Granite Customer that unless action is taken by
the Granite Customer to switch to a different carrier prior to Granite s proposed
discontinuance of service, the Granite Customer will be without the service
provided by Granite to the Granite Customer.
Should a Granite Customer subsequently become a Verizon Customer, Granite
shall provide Verizon with all information necessary for Verizon to establish
service for the Granite Customer, including, but not limited to, the Granite
Customer s billed name, listed name, service address, and billing address, and
the services being provided to the Granite Customer.
13.4 Nothing in this Section 13 shall limit Verizon s right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
Dispute Resolution
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 that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party s representative in the negotiation, The other Party shall have ten
Business Days to designate its own representative in the negotiation. The
Parties' representatives shall meet at least once within 45 days after the date of
the initiating Party s written notice in an attempt to reach a good faith resolution
of the dispute. Upon agreement, the Parties' representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Party s written notice, either Party may pursue any remedies
available to it under this Agreement, at law, in equity, or otherwise, including, but
not limited to, instituting an appropriate proceeding before the Commission, the
FCC, or a court of competent jurisdiction.
Force Majeure
Granite Comp_v2.7c.doc
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
, 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 15.2, 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 sale discretion
determines appropriate.
15.4
16.Forecasts
17.
In addition to any other forecasts required by this Agreement, upon request by Verizon,
Granite shall provide to Verizon forecasts regarding the Services that Granite expects to
purchase from Verizon , including, but not limited to, forecasts regarding the types and
volumes of Services that Granite expects to purchase and the locations where such
Services will be purchased.
Fraud
Granite assumes responsibility for all fraud associated with its Customers and accounts.
Verizon shall bear no responsibility for, and shall have no obligation to investigate or
make adjustments to Granite s account in cases of, fraud by Granite s Customers or other
third parties.
18.Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party s sale
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Verizon , prior to the Effective Date of
this Agreement, has not provided in the State of Idaho a service or arrangement offered
under this Agreement, Verizon reserves the right to negotiate in good faith with Granite
reasonable terms and conditions (including, without limitation, rates and implementation
timeframes) for such service or arrangement; and, if the Parties cannot agree to such
terms and conditions (including, without limitation, rates and implementation timeframes),
either Party may utilize the Agreement's dispute resolution procedures.
Granite - Comp- v2.7c.doc
19.Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20.Indemnification
Each Party ("Indemnifying Party ) shall indemnify, defend and hold harmless the
other Party ("Indemnified Party ), the Indemnified Party s Affiliates, and the
directors, officers and employees of the Indemnified Party and the Indemnified
Party s Affiliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal property of any person , to the extent such injury, death
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party, the
Indemnifying Party s Affiliates, or the directors, officers, employees, Agents or
contractors (excluding the Indemnified Party) of the Indemnifying Party or the
Indemnifying Party s Affiliates, in connection with this Agreement.
20.
20.
Indemnification Process.20.
20.
20.
20.2.4
20.
20.
Granite Comp_v2.7c.doc
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.
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.
If the Indemnified Person fails to comply with Section 20.3 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.
Subject to 20.6 and 20., below, the Indemnifying Party shall have
the authority to defend and settle any Third Party Claim.
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
21.
20.
20.4
Insurance
21.
20.
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.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.
Granite 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, Granite 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,
independent contractors, and personal injury, with limits of at least
000,000 combined single limit for each occurrence.
Granite Comp_v2.7c.doc
22.
21.
21.
21.4
21.
21.
21.
21.Commercial Motor Vehicle Liability Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2 000 000
combined single limit for each occurrence.
21.Excess Liability Insurance, 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
21.All risk property insurance on a full replacement cost basis for all of
Granite 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 Granite.
Granite shall name Verizon and Verizon s Affiliates as additional insureds on the
foregoing liability insurance.
Granite shall, within two (2) weeks of the Effective Date hereof at the time of
each renewal of, or material change in , Granite s insurance policies, and at such
other times as Verizon may reasonably specify, furnish certificates or other proof
of the foregoing insurance reasonably acceptable to Verizon. The certificates or
other proof of the foregoing insurance shall be sent to: Director - Contract
Performance & Administration, Verizon Wholesale Markets, 600 Hidden Ridge,
HQEWMNOTICES, Irving. TX 75038.
Granite shall require its contractors, if any, that may enter upon the premises or
access the facilities or equipment of Verizon or Verizon s affiliates to maintain
insurance in accordance with Sections 21.1 through 21.3 and, if requested, to
furnish Verizon certificates or other adequate proof of such insurance acceptable
to Verizon in accordance with Section 21.4
If Granite or Granite s contractors fail to maintain insurance as required in
Sections 21.1 through 21.5, above, Verizon may (but shall not be obligated to)
purchase such insurance and Granite shall reimburse Verizon for the cost of the
insurance.
Certificates furnished by Granite or Granite s contractors shall contain a clause
stating: "Verizon Northwest Inc. shall be notified in writing at least thirty (30)
days prior to cancellation of , or any material change in, the insurance.
22.
Intellectual Property
Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual property,
now or 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
Granite Comp_v2.7c.doc
22.
22.
22.4
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
of, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
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.
Granite 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
Granite, directly or through a third party, of any such terms, conditions or
restrictions that may limit any Granite use of a Service provided by Verizon that is
otherwise permitted by this Agreement. At Granite 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
vendor to allow Granite to use the Service in the same manner as Verizon that
are coextensive with Verizon s intellectual property rights, on terms and
conditions that are equal in quality to the terms and conditions under which
Verizon has obtained Verizon s intellectual property rights. Granite 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 Enforcement24.
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.
Granite Comp- v2.7c.doc
24.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.
Liability
24.
25.
25.
25.
25.
25.
25.
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 25.5, the liability, if any, of a Party, a
Party s Affiliates, and the directors, officers and employees of a Party and a
Party s Affiliates, to the other Party, the other Party s Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
Except as otherwise stated in Section 25., 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.
Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability:
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.
25.5.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
Granite Comp- v2.7c.doc
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.
26.
Cooperation. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. Granite 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 subject to Section 17 , to minimize
fraud associated with third number billed calls, calling card calls, and other
services related to this Agreement.
Responsibilitv for Followina 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.
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., 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 taken other actions, if
any, required by Applicable Law; and
26.Upon correction of the interference or impairment, the Impaired Party
will promptly restore the interrupted or suspended Service. The
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27.
28.
26.4
Impaired Party shall not be obligated to provide an out-of-service
credit allowance or other compensation to the Interfering Party in
connection with the suspended Service.
Outaqe Repair Standard. In the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Verizon
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
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51. 335) notice shall be given at the time required by Applicable Law.
29.Notices
29.Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29.shall be in writing;
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, or (d) by facsimile telecopy, with a copy
delivered in accordance with (a), (b) or (c), preceding; and
29.
29.shall be delivered to the following addresses of the Parties:
To Granite:
Geoff Cookman
Director - Regulatory Compliance
234 Copeland St.
Quincy, MA 02169
Telephone Number: (866) 847-1500 x521
Facsimile Number: (617) 847-0931
Internet Address: gcookman
(g)
granitenet.com
To Verizon:
Granite I D - Comp- v2. 7 c.doc
30.
31.
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(g)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
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, the next Business Day
after the notice is sent, (c) where the notice is sent via First Class U.S. Mail
three (3) Business Days after mailing, (d) where notice is sent via certified or
registered U.S. mail, the date of receipt shown on the Postal Service receipt, and
(e) where the notice is sent via facsimile telecopy, if the notice is sent on a
Business Day and before 5 PM. in the time zone where it is received , on the date
set forth on the telecopy confirmation , or if the notice is sent on a non-Business
Day or if the notice is sent after 5 PM in the time zone where it is received, the
next Business Day after the date set forth on the telecopy confirmation.
Ordering and Maintenance
Granite shall use Verizon s electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services, and to engage in
other pre-ordering, ordering, provisioning, maintenance and repair transactions. If
Verizon has not yet deployed an electronic capability for Granite to perform a pre-
ordering, ordering, provisioning, maintenance or repair, transaction offered by Verizon
Granite 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.
31.Granite shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32.Point of Contact for Granite Customers
32.Granite shall establish telephone numbers and mailing addresses at which
Granite Customers may communicate with Granite and shall advise Granite
Customers of these telephone numbers and mailing addresses.
Granite Comp_v2.7c.doc
33.
32.Except as otherwise agreed to by Verizon, Verizon shall have no obligation , and
may decline, to accept a communication from a Granite Customer, including, but
not limited to, a Granite Customer request for repair or maintenance of a Verizon
Service provided to Granite.
Predecessor Agreements
33.Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between the Parties for the State of Idaho pursuant to
Section 252 of the Act and in effect prior to the Effective Date is
hereby amended, extended and restated; 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 Idaho pursuant to Section 252 of the Act and in effect
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
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.
34.
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.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 sale 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.
34.
34.Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35.References
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36.
35.
35.
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).
36.
Relationship of the Parties
36.
36.
36.4
36.
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.
Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sale discretion.
Each Party shall have sale 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.
The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37.
Reservation of Rights37.
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; (d) to challenge the lawfulness and propriety
, and to seek to change , any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission , the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
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38.
39.
40.
37.
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.
Granite acknowledges Granite has been advised by Verizon that it is Verizon
position that this Agreement contains certain provisions which are intended to
reflect Applicable Law and Commission and/or FCC arbitration decisions.
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
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.
41.Taxes Imposed on the Providinq Party. With respect to any purchase hereunder
of Services , if any federal, state or local Tax is imposed by Applicable Law on the
receipts of the Providing Party, and such Applicable Law permits the Providing
Party to exclude certain receipts received from sales for resale to a public utility,
distributor, telephone company, local exchange carrier, telecommunications
company or other communications company ("Telecommunications Company"),
such exclusion being based solely on the fact that the Purchasing Party is also
subject to a tax based upon receipts ("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.
Granite Comp_v2.7c.doc
41.
41.4
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.
Liability for Uncollected Tax. Interest and Penalty. If the Providing Party has not
received an exemption certificate from the Purchasing Party and the Providing
Party fails to bill the Purchasing Party for any Tax as required by Section 41.
then, as between the Providing Party and the Purchasing Party, (a) the
Purchasing Party shall remain liable for such unbilled Tax and (b) the Providing
Party shall be liable for any interest assessed thereon and any penalty assessed
with respect to such unbilled Tax by such authority. If the Providing Party
properly bills the Purchasing Party for any Tax but the Purchasing Party fails to
remit such Tax to the Providing Party as required by Section 41.1, then, as
between the Providing Party and the Purchasing Party, the Purchasing Party
shall be liable for such uncollected Tax and any interest assessed thereon, as
well as any penalty assessed with respect to such uncollected Tax by the
applicable taxing authority. If the Providing Party does not collect any Tax as
required by Section 41.1 because the Purchasing Party has provided such
Providing Party with an exemption certificate that is later found to be inadequate
by a taxing authority, then, as between the Providing Party and the Purchasing
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., 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 either Party
is audited by a taxing authority, 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
Granite Comp_v2.7c.doc
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., 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:
Tax Administration
Verizon Communications
1095 Avenue of the Americas
Room 3109
New York, NY 10036
To Granite:
Geoff Cookman
234 Copeland St.
Quincy, MA 02169
Either Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42.Technology Upgrades
Notwithstanding any other provision of this Agreement, 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 Granite 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.
Granite shall be solely responsible for the cost and activities associated with
accommodating such changes in its own network.
43.Territory
43.
This Agreement applies to the territory in which Verizon operates as an
Incumbent Local Exchange Carrier in the State of Idaho. Verizon shall be
obligated to provide Services under this Agreement only within this territory.
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 Granite with at least 90 calendar days prior
43.
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44.
45.
46.
written notice of such termination, which shall be effective upon the date
specified in the notice.
Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sale 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.
251 and 271 Requirements
45.The Parties agree that the performance of the terms of this Agreement will satisfy
Verizon s obligations under Section 251 of the Act, and the requirements of the
Checklist under Section 271 of the Act.
45.The Parties understand and agree that this Agreement will be filed with the
Commission and may thereafter be filed with the FCC as an integral part of an
application by Verizon or an Affiliate of Verizon pursuant to Section 271 (d) of the
Act. In the event that anyone or more of the provisions contained herein in
Verizon s reasonable determination is likely to adversely affect the application
pursuant to Section 271 (d) of the Act, the Parties agree to make the revisions
necessary to eliminate such adverse effect on the application.
252(i) Obligations
46.To the extent required by Applicable Law, each Party shall comply with Section
252(i) of the Act. To the extent that the exercise by Granite of any rights it may
have under Section 252(i) results in the rearrangement of Services by Verizon
Granite shall be solely liable for all costs associated therewith, as well as for any
termination charges associated with the termination of existing Verizon Services.
47.Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48.Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights , remedies or options.
49.Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT , NEITHER PARTY MAKES
OR 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
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WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE , OR OTHERWISE.
50.
Withdrawal of Services50.
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 thirty (30) days prior written notice to
Granite.
Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirty (30) days prior written notice
to Granite terminate any provision of this Agreement that provides for the
payment by Verizon to Granite 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 Granite. Following such termination,
except as otherwise agreed in writing by the Parties, Verizon shall be obligated to
provide compensation to Granite 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 sale discretion, Verizon shall be
obligated to provide compensation to Granite 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 this
Agreement.
G ranite - Comp_v2. 7c.doc
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
COMMUNICATIONS, LLC VERIZON NORTHWEST INC.
By:By:
Printed: Geoff Cookman Printed: John C. Peterson
Title: Director - Regulatory Compliance
Ir~ lo\.)
Title: Director - Contract Administration
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GLOSSARY
General Rule
The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision , the definition set forth in the
specific provision shall control with respect to that provision.
Unless the context clearly indicates otherwise , any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall" and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
Definitions
Act.
The Communications Act of 1934 (47 U.C, 9151 et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
Advanced Services,
As a general matter, shall have the meaning set forth by the FCC.
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.
Ancillary Traffic.
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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 Voice Information
Services Traffic as described in Section 5 of the Additional Services Attachment.
ANI (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party s 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.
BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party s request that the other Party provide a
UNE that it is not otherwise required to provide under the terms of this
Agreement.
Business Day.
Monday through Friday, except for holidays observed by Verizon.
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.
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A switch used to provide Telecommunications Services, including, but not limited
, an End Office Switch or a Tandem Switch. A Central Office Switch may also
be employed as a combination End OfficefTandem 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).
CLEC (Competitive Local Exchange Carrier).
Any Local Exchange Carrier other than Verizon that is operating as a Local
Exchange Carrier in the territory in which Verizon operates as an ILEC in the
State of Idaho. Granite is or shortly will become a CLEC.
CLLI Codes.
Common Language Location Identifier Codes.
CMDS (Centralized Message Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billing System
(CABS) records.
Commission.
Idaho Public Utilities Commission.
CPN (Calling Party Number).
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.
For a Collocation arrangement, the facilities between the collocating Party
equipment and the equipment or facilities of the housing Party (such as the
housing Party s digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
Dark Fiber IOF (Dark Fiber Interoffice Facility).
Consists of fiber strand(s) that are located within a fiber optic cable between
either (a) accessible terminals in two or more Verizon Central Offices or (b) an
accessible terminal in a Verizon Central Office and an accessible terminal in a
Granite Central Office, but, in either case, that has not been activated through
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connection to multiplexing, aggregation or other electronics that "light it" and
thereby render it capable of carrying Telecommunications Services.
Dark Fiber Loop.
Consists of fiber optic strand(s) in a Verizon fiber optic cable between Verizon
accessible terminal, such as the fiber distribution frame, or its functional
equivalent, located within a Verizon Wire Center, and Verizon s accessible
terminal located in Verizon s main termination point at a Customer premises,
such as a fiber patch panel, and that has not been activated through connection
to electronics that "light" it and render it capable of carrying Telecommunications
Services.
Dark Fiber Sub-Loop.
Consists of fiber optic strand(s) in a Verizon fiber optic cable (a) between
Verizon s accessible terminal located within a Verizon Wire Center, and Verizon
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 accessible terminal located in Verizon s main
termination point located within a Customer premises, or (c) between Verizon
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.
Digital Signal Level.
One of several transmission rates in the time-division multiplex hierarchy.
DSO (Digital Signal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
DS1 (Digital Signal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
DS3 (Digital Signal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
EMI (Exchange Message Interface).
Standard used for the interexchange of telecommunications message information
between local exchange carriers and interexchange carriers for billable, non-
billable, sample, settlement and study data. Data is provided between
companies via a unique record 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
purpose of interconnection to each other and to trunks.
Entrance Facility.
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2.40
2.41
2.42
2.43
2.44
The facilities 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 Scope 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 unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
House and Riser Cable.
A two-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 NID) if the
NID is located at such Rate Demarcation Point).
IDLC (Integrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level
which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps
digital signal.
ILEC (Incumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
Information Access.
The provision of specialized exchange telecommunications services in
connection with the origination, termination, transmission, switching, forwarding
or routing of telecommunications traffic to or from the facilities of a provider of
information services, including a provider of Internet access or Internet
transmission services.
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2.45
2.46
2.47
2.48
2.49
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.
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.
IntraLA T A.
Telecommunications that originate and terminate within the same LATA,
(Intentionally Left Blank).
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).
IXC (Interexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, InterLAT A 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).
A Telcordia Technologies reference containing NPAlNXX routing and homing
information.
LlDB (Line Information Data Base).
Line Information databases which provide, among other things, calling card
validation functionality for telephone line number cards issued by Verizon and
other entities and validation data for collect and third number-billed calls(e.
g.,
data for billed number screening).
Line Side.
An End Office Switch connection that provides transmission, switching and
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optional features suitable for Customer connection to the public switched
network, including loop start supervision, ground start supervision and signaling
for BRI-ISDN service.
Loop.
A transmission path that extends from a Main Distribution Frame 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 Request).
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
Telecommunications Services and Network Elements.
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.
Measured Internet Traffic.
Dial-up, switched Internet Traffic originated by a Customer of one Party on that
Party s network at a point in a Verizon local calling area, and delivered to a
Customer or an Internet Service Provider served by the other Party, on that other
Party s network at a point in the same Verizon local calling area. Verizon local
calling areas shall be as defined by Verizon. For the 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. Calls originated on a 1 + presubscription basis, or
on a casual dialed (1 OXXXl1 01 XXXX) basis , are not considered Measured
Internet Traffic. For the avoidance of any doubt, Virtual Foreign Exchange Traffic
(Le., V/FX Traffic) (as defined in the Interconnection Attachment) does not
constitute Measured Internet Traffic.
MECAB (Multiple Exchange Carrier Access Billing).
A document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The
MECAB document, published by Telcordia Technologies as Special Report SR-
BDS-000983, contains the recommended guidelines for the billing of an
Exchange Access Service provided by two or more LECs, or by one LEC in two
or more states, within a single LATA.
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
Granite Comp_v2.7c.doc
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.
(Intentionally Left Blank).
NANP (North American Numbering Plan).
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4 digit line number.
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 an 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 NAN P. 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 (i.e. the first three digits of a seven-digit
telephone number).
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).
Originating Switched Access Detail Usage Data.
A category 1101 XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
POI (Point of Interconnection).
The physical location where the Parties' respective facilities physically
Granite Comp_v2.7c.doc
interconnect for the purpose of mutually exchanging their traffic. As set forth in
the Interconnection Attachment, a Point of Interconnection shall be at (i) a
technically feasible point on Verizon s network in a LATA and/or (ii) a fiber meet
point to which the Parties mutually agree under the terms of this Agreement. By
way of example, a technically feasible Point of Interconnection on Verizon
network in a LATA would include an applicable Verizon Tandem Wire Center or
Verizon End Office Wire Center but, notwithstanding any other provision of this
Agreement or otherwise, would not include a Granite Wire Center, Granite switch
or any portion of a transport facility provided by Verizon to Granite or another
party between (x) a Verizon Wire Center or switch and (y) the Wire Center or
switch of Granite or another party.
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.
Providing 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.
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 for distance-
sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Office location
or a "LEC Consortium Point Of Interconnection.
Rate Demarcation Point.
The physical point in a Verizon provided network facility at which Verizon
Granite Comp_v2.7c.doc
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 by Verizon. Reciprocal
Compensation Traffic does not include the following traffic (it being understood
that certain traffic types will fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffic): (1) any Internet Traffic;
(2) traffic that does not originate and terminate within the same Verizon local
calling area as defined by Verizon, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffic,
including, but not limited to, calls originated on a 1 + presubscription basis, or on
a casual dialed (1 OXXXl1 01 XXXX) basis; (4) Optional Extended Local Calling
Scope Arrangement Traffic; (5) special access, private line, Frame Relay, ATM
or any other traffic that is not switched by the terminating Party; (6) Tandem
Transit Traffic; (7) Voice Information Service Traffic (as defined in Section 5 of
the Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or
V/FX Traffic) (as defined in the Interconnection 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.
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. 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.
Service.
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Any Interconnection arrangement, Network Element, Telecommunications
Service, Collocation arrangement, or other service , facility or arrangement,
offered by a Party under this Agreement.
SS7 (Signaling 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 Granite currently
utilize this out-of-band signaling protocol.
Subsidiary.
A corporation or other person that is controlled by a Party.
Sub-Loop Distribution Facility.
A two-wire or four-wire metallic distribution facility in Verizon s network between a
Verizon feeder distribution interface ("FDI") and the Rate Demarcation Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
Sub-Loop Feeder Facility.
A DS1 or DS3 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 FDI that
subtends the End Office.
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
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Office Switches and
between and among End Office Switches and carriers' aggregation points, points
of termination, or points of presence, and to provide Switched Exchange Access
Services.
Tariff.
90.Any applicable Federal or state tariff of a Party, as amended from
time-to-time; or
Any standard agreement or other document, as amended from time-
to-time, that sets forth the generally available terms, conditions and
prices under which a Party offers a Service.
The term "Tariff" does not include any Verizon statement of generally available
terms (SGA T) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
90.
Telcordia Technologies.
Granite Comp_v2.7c.doc
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
Telecommunications Carrier.
Shall have the meaning set forth in the Act.
Telecommunications Services.
Shall have the meaning set forth in the Act.
Telephone Exchange Service.
Shall have the meaning set forth in the Act.
Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI TelcordiaPractice BR-010-200-
010.
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.
Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party s network and
terminates to a Customer of the other Party on that other Party s network and is
not Reciprocal Compensation Traffic, Measured Internet Traffic, or Ancillary
Traffic. Toll Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll
Traffic , depending on whether the originating and terminating points are within
the same LATA.
Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
Environmental Law" or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State 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.
Traffic Factor 1.
For traffic exchanged via Interconnection Trunks , a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured Internet
Traffic) by the total number of minutes of interstate and intrastate traffic.
((Interstate Traffic Total Minutes of Use (excluding Measured Internet Traffic
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Total Minutes of Usel + (Interstate Traffic Total Minutes of Use + Intrastate Traffic
Total Minutes of Usel) x 100). Until the form of a Party s bills is updated to use
the term "Traffic Factor 1 " the term "Traffic Factor 1" may be referred to on the
Party s bills and in billing related communications as "Percent Interstate Usage
or "PIU.
100 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 Measured Internet Traffic by the combined total number of minutes of
intrastate traffic and Measured Internet Traffic. (HReciprocal Compensation
Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Usel +
(Intrastate Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes
of Usel) x 100). Until the form of a Party s bills is updated to use the term "Traffic
Factor 2," the term "Traffic Factor 2" may be referred to on the Party s bills and in
billing related communications as "Percent Local Usage" or "PLU.
101 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.
102 UDLC (Universal Digital Loop Carrier).
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a customer premises. The Central Office and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digital. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
103 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.
104 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO" or "sub-DS1" may also be used.
105 Wire Center.
A building or portion thereof which serves as the premises for one or more
Central Office Switches and related facilities.
106 xDSL.
As defined and offered in this Agreement. The small "" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
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specific DSL flavor.
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ADDITIONAL SERVICES ATTACHMENT
Alternate Billed Calls
The Parties will engage in settlements of intraLATA 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 (OS)
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.
Granite 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
Granite. Such services will be provided in accordance with the terms set forth herein.
Listing Information.
As used herein, "Listing Information" means a Granite 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.
Listing Information Supply.
Granite 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 Granite Customer whose service address location
falls within the geographic area covered by the relevant Verizon directory.
Granite shall also provide to Verizon on a daily basis: (a) information showing
Granite Customers who have disconnected or terminated their service with
Granite; and (b) delivery information for each non-listed or non-published Granite
Customer to enable Verizon to perform its directory distribution responsibilities.
Verizon shall promptly provide to Granite (normally within forty-eight (48) hours of
receipt by Verizon, excluding non-business days) a query on any listing that is
not acceptable.
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4.4
Listing Inclusion and Distribution.
Verizon shall include each Granite 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 sale discretion, and shall provide
initial distribution of such directories to such Granite 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 Granite s Customers shall be interfiled with listings of
Verizon s Customers and the Customers of other LECs included in the Verizon
directories. Granite shall pay Verizon s tariffed charges for additional, foreign
and other listings products (as documented in local Tariff) for Granite
Customers.
Verizon Information.
Upon request by Granite, Verizon shall make available to Granite 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, and Yellow Pages headings. Verizon shall also make
available to Granite, upon written request, a copy of Verizon s alphabetical
listings standards and specifications handbook.
Confidentiality of Listing Information.
Verizon shall accord Granite 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
Granite Listing Information for directory publishing, direct marketing, or any other
purpose for which Verizon uses or licenses its own listing information, so long as
Granite Customers are not separately identified as such; and provided further
that Granite 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 that it does for its own Customers. Verizon shall not be
obligated to compensate Granite for Verizon s use or licensing of Granite Listing
Information.
Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of Granite Customer listings. At Granite s request, Verizon shall
provide Granite with a report of all Granite Customer listings in a reasonable
timeframe prior to the service order close date for the applicable directory.
Verizon shall process any corrections made by Granite with respect to its listings,
provided such corrections are received prior to the close date of the particular
directory.
Indemnification.
Granite shall adhere to all practices, standards, and ethical requirements
established by Verizon with regard to listings. By providing Verizon with Listing
Information, Granite warrants to Verizon that Granite has the right to provide
such Listing Information to Verizon on behalf of its Customers. Granite shall
make commercially reasonable efforts to ensure that any business or person to
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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. Granite 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 Granite hereunder.
Liability.
Verizon s liability to Granite in the event of a Verizon error in or omission of a
Granite Customer listing shall not exceed the amount to which Verizon would be
liable to its own Customer for such error or omission. Granite 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 Granite 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 as set forth in Verizon s applicable Tariffs.
Service Information Pages.
Verizon shall include all Granite 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. Granite s NXX codes shall appear in such lists in the
same manner as Verizon s NXX information. In addition, when Granite is
authorized to, and is offering, local service to Customers located within the
geographic area covered by a specific directory, at Granite s request, Verizon
shall include, at no charge , in the "Customer Guide" or comparable section of the
applicable alphabetical directories, Granite s critical contact information for
Granite s installation, repair and Customer service, as provided by Granite. Such
critical contact information shall appear alphabetically by local exchange carrier
and in accordance with Verizon s generally applicable policies. Granite shall be
responsible for providing the necessary information to Verizon by the applicable
close date for each affected directory.
Directory Publication.
Nothing in this Agreement shall require Verizon to publish a directory where it
would not otherwise do so.
Other Directory Services.
Granite acknowledges that if Granite 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 Service 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 intraLATA 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
Granite Comp_v2.7c.doc
arrangements between the Parties. Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
If a Granite Customer is served by resold Verizon dial tone line
Telecommunications Service or a Verizon Local Switching UNE, to the extent
reasonably feasible, Verizon will route Voice Information Service Traffic
originating from such Service or UNE to the appropriate Voice Information
Service connected to Verizon s network unless a feature blocking such Voice
Information Service Traffic has been installed. For such Voice Information
Service Traffic, Granite shall pay to Verizon without discount any Voice
Information Service provider charges billed by Verizon to Granite. Granite shall
pay Verizon such charges in full regardless of whether or not Granite collects
such charges from its Customer.
Granite 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 Granite exercises such option,
Granite will establish, at its own expense , a dedicated trunk group to the Verizon
Voice Information Service serving switch. This trunk group will be utilized to
allow Granite to route Voice Information Service Traffic originated on its network
to Verizon. For such Voice Information Service Traffic, unless Granite has
entered into a written agreement with Verizon under which Granite will collect
from Granite s Customer and remit to Verizon the Voice Information Service
provider s charges, Granite shall pay to Verizon without discount any Voice
Information Service provider charges billed by Verizon to Granite. Granite shall
pay Verizon such charges in full regardless of whether or not Granite collects
such charges from its own Customer.
Intercept and Referral Announcements
When a Customer changes its service provider from Verizon to Granite, or from
Granite 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 and twenty (120) days after the date the
Customer changes its telephone number, and , in the case of residential
Customers, not less than thirty (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
This referral announcement will be provided by each Party at no charge to the
other Party; provided that the Party formerly providing service may bill the
Customer its standard Tariff charge, if any, for the referral announcement.
Originating Line Number Screening (OLNS)
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Upon Granite s request, Verizon will update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e., penal
institutions, COCOTS).
Definitions.
Operations Support Systems (OSS) Services
The terms listed below shall have the meanings stated below:
1.4
Verizon Operations Support Systems: Verizon systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing.
Verizon OSS Services: Access to Verizon Operations Support
Systems functions. The term "Verizon OSS Services" includes, but is
not limited to: (a) Verizon s provision of Granite Usage Information to
Granite pursuant to Section 8.3 of this Attachment; and, (b) "Verizon
OSS Information , as defined in Section 8.1.4 of this Attachment.
Verizon OSS Facilities: Any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by Verizon to provide
Verizon OSS Services to Granite.
Verizon OSS Information:Any information accessed by, or disclosed
or provided to, Granite through or as a part of Verizon OSS Services.
The term "Verizon OSS Information" includes, but is not limited to: (a)
any Customer Information related to a Verizon Customer or a Granite
Customer accessed by, or disclosed or provided to, Granite through or
as a part of Verizon OSS Services; and, (b) any Granite Usage
Information (as defined in Section 8.6 of this Attachment) accessed
by, or disclosed or provided to, Granite.
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 C. 9 153(16))
provided by Verizon.
Granite Usaae Information: For a Verizon Retail Telecommunications
Service purchased by Granite pursuant to the Resale Attachment, the
usage information that Verizon would record if Verizon was furnishing
such Verizon Retail Telecommunications Service to a Verizon end-
user retail Customer. For a Verizon Local Switching Network Element
purchased by Granite pursuant to the Network Element Attachment
the usage information that Verizon would record if Verizon was using
such Local Switching Network Element to furnish a Verizon Retail
Telecommunications Service to a Verizon end-user retail Customer.
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 OSS Services.
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Upon request by Granite, Verizon shall provide to Granite Verizon
OSS Services. Such Verizon OSS Services will be provided in
accordance with, but only to the extent required by, Applicable Law.
Subject to the requirements of Applicable Law, Verizon Operations
Support Systems, Verizon Operations Support Systems functions,
Verizon OSS Facilities, Verizon OSS Information , and the Verizon
OSS Services that will be offered by Verizon, shall be as determined
by Verizon. Subject to the requirements of Applicable Law, Verizon
shall have the right to change Verizon Operations Support Systems,
Verizon Operations Support Systems functions, Verizon OSS
Facilities, Verizon OSS Information, and the Verizon OSS Services,
from time-to-time, without the consent of Granite.
To the extent required by Applicable Law, in providing Verizon OSS
Services to Granite, Verizon will comply with Verizon s applicable OSS
Change Management Guidelines, as such Guidelines are modified
from time-to-time, including, but not limited to, the provisions of the
Guidelines related to furnishing notice of changes in Verizon OSS
Services. Verizon s OSS Change Management Guidelines will be set
out on a Verizon website.
Granite Usage Information.
3.4
Upon request by Granite, Verizon shall provide to Granite Granite
Usage Information. Such Granite Usage Information will be provided
in accordance with, but only to the extent required by, Applicable Law.
Granite Usage Information will be available to Granite through the
following:
Daily Usage File on Data Tape.
Daily Usage File through Network Data Mover (NDM).
Granite Usage Information will be provided in an Alliance for
Telecommunications Industry Solutions EMI format.
Daily Usage File Data Tapes provided pursuant to Section 8.1 of
this Attachment will be issued each Business Day.
Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which
Granite Usage Information will be provided to Granite shall be
determined by Verizon.
Access to and Use of Verizon OSS Facilities.8.4
8.4.
8.4.
8.4.
Verizon OSS Facilities may be accessed and used by Granite only to
the extent necessary for Granite s access to and use of Verizon OSS
Services pursuant to this Agreement.
Verizon OSS Facilities may be accessed and used by Granite only to
provide Telecommunications Services to Granite Customers.
Granite shall restrict access to and use of Verizon OSS Facilities to
Granite. This Section 8 does not grant to Granite any right or license
to grant sublicenses to other persons, or permission to other persons
Granite Comp_v2.7c.doc
8.4.4
8.4.
8.4.
8.4.
(except Granite s employees, agents and contractors, in accordance
with Section 8.4.7 of this Attachment), to access or use Verizon OSS
Facilities.
Granite shall not (a) alter, modify or damage the Verizon OSS
Facilities (including, but not limited to, Verizon software), (b) copy,
remove, derive, reverse engineer, or decompile, software from the
Verizon OSS Facilities, or (c) obtain access through Verizon OSS
Facilities to Verizon databases, facilities, equipment, software, or
systems , which are not offered for Granite s use under this Section 8.
Granite shall comply with all practices and procedures established by
Verizon for access to and use of Verizon OSS Facilities (including, but
not limited to, Verizon practices and procedures with regard to security
and use of access and user identification codes).
All practices and procedures for access to and use of Verizon OSS
Facilities, and all access and user identification codes for Verizon OSS
Facilities: (a) shall remain the property of Verizon; (b) shall be used by
Granite only in connection with Granite s use of Verizon OSS Facilities
permitted by this Section 8; (c) shall be treated by Granite as
Confidential Information of Verizon pursuant to Section 10 of the
General Terms and Conditions; and, (d) shall be destroyed or returned
by Granite to Verizon upon the earlier of request by Verizon or the
expiration or termination of this Agreement.
Granite s employees, agents and contractors may access and use
Verizon OSS Facilities only to the extent necessary for Granite
access to and use of the Verizon OSS Facilities permitted by this
Agreement. Any access to or use of Verizon OSS Facilities by
Granite s employees, agents, or contractors, shall be subject to the
provisions of this Agreement, including, but not limited to, Section 10
of the General Terms and Conditions and Section 8.2 of this
Attachment.
Verizon OSS Information.
Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Verizon grants to Granite a
non-exclusive license to use Verizon OSS Information.
All Verizon OSS Information shall at all times remain the property of
Verizon. Except as expressly stated in this Section 8, Granite shall
acquire no rights in or to any Verizon OSS Information-.
The provisions of this Section 8.3 shall apply to all Verizon OSS
Information , except (a) Granite Usage Information, (b) CPNI of
Granite, and (c) CPNI of a Verizon Customer or a Granite Customer
to the extent the Customer has authorized Granite to use the CPNI.
Verizon OSS Information may be accessed and used by
Granite only to provide Telecommunications Services to
Granite Customers.
Granite shall treat Verizon OSS Information that is
designated by Verizon, through written or electronic notice
(including, but not limited to, through the Verizon OSS
Granite Comp_v2.7c.doc
5.4
3.4
Services), as "Confidential" or "Proprietary" as Confidential
Information of Verizon pursuant to Section 10 of the
General Terms and Conditions.
Except as expressly stated in this Section 8, this Agreement
does not grant to Granite any right or license to grant
sublicenses to other persons, or permission to other
persons (except Granite s employees, agents or
contractors, in accordance with Section 8.3.4 of this
Attachment), to access, use or disclose Verizon OSS
Information.
Granite s employees, agents and contractors may access,
use and disclose Verizon OSS Information only to the
extent necessary for Granite s access to, and use and
disclosure of, Verizon OSS Information permitted by this
Section 8. Any access to, or use or disclosure of, Verizon
OSS Information by Granite s employees, agents or
contractors, shall be subject to the provisions of this
Agreement, including, but not limited to, Section 10 of the
General Terms and Conditions and Section 8.2 of this
Attachment.
Granite s license to use Verizon OSS Information shall
expire upon the earliest of: (a) the time when the Verizon
OSS Information is no longer needed by Granite to provide
Telecommunications Services to Granite Customers; (b)
termination of the license in accordance with this Section 8;
or (c) expiration or termination of this Agreement.
All Verizon OSS Information received by Granite shall be
destroyed or returned by Granite to Verizon, upon
expiration, suspension or termination of the license to use
such Verizon OSS Information.
Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including, but not limited to, Section 2.
of the General Terms and Conditions and Section 8.1 of this
Attachment), Granite s access to Verizon OSS Information through
Verizon OSS Services shall terminate upon the expiration or
termination of this Agreement.
Audits.
Granite Comp- v2.7c,doc
Verizon shall have the right (but not the obligation) to audit
Granite to ascertain whether Granite is complying with the
requirements of Applicable Law and this Agreement with
regard to Granite s access to, and use and disclosure of
Verizon OSS Information.
Without in any way limiting any other rights Verizon may
have under this Agreement or Applicable Law, Verizon shall
have the right (but not the obligation) to monitor Granite
access to and use of Verizon OSS Information which is
made available by Verizon to Granite pursuant to this
Agreement, to ascertain whether Granite is complying with
the requirements of Applicable Law and this Agreement,
with regard to Granite s access to, and use and disclosure
, such Verizon OSS Information. The foregoing right shall
include, but not be limited to, the right (but not the
obligation) to electronically monitor Granite s access to and
use of Verizon OSS Information which is made available by
Verizon to Granite through Verizon OSS Facilities.
Information obtained by Verizon pursuant to this Section
5 shall be treated by Verizon as Confidential Information
of Granite pursuant to Section 10 of the General Terms and
Conditions; provided that, Verizon shall have the right (but
not the obligation) to use and disclose information obtained
by Verizon pursuant to Section 8.5 of this Attachment to
enforce Verizon s rights under this Agreement or Applicable
Law.
Granite acknowledges that the Verizon OSS Information, by its nature,
is updated and corrected on a continuous basis by Verizon, and
therefore that Verizon OSS Information is subject to change from time
to time.
Liabilities and Remedies.
Any breach by Granite, or Granite s employees, agents or contractors,
of the provisions of Sections 8.4 or 8.5 of this Attachment shall be
deemed a material breach of this Agreement. In addition, if Granite or
an employee, agent or contractor of Granite at any time breaches a
provision of Sections 8.4 or 8.5 of this Attachment and such breach
continues for more than ten (10) days after written notice thereof from
Verizon, then , except as otherwise required by Applicable Law
Verizon shall have the right, upon notice to Granite, to suspend the
license to use Verizon OSS Information granted by Section 8.1 of
this Attachment and/or the provision of Verizon OSS Services, in
whole or in part.
Granite agrees that Verizon would be irreparably injured by a breach
of Sections 8.4 or 8.5 of this Attachment by Granite or the employees,
agents or contractors of Granite, 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 of this Attachment with regard to the
confidentiality of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentiality of information
including, but not limited to, 47 U.C. 9 222, 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.
Granite Comp_v2.7c.doc
Granite, at Granite s expense, shall reasonably cooperate with Verizon in using
Verizon OSS Services. Such cooperation shall include, but not be limited to, the
following:
Upon request by Verizon, Granite shall by no later than the fifteenth
(15th) day of the last month of each Calendar Quarter submit to
Verizon reasonable, good faith estimates of the volume of each type of
OSS transaction that Granite anticipates submitting in each week of
the next Calendar Quarter.
Granite shall reasonably cooperate with Verizon in submitting orders
for Verizon Services and otherwise using the Verizon OSS Services, in
order to avoid exceeding the capacity or capabilities of such Verizon
OSS Services.
Granite shall participate in cooperative testing of Verizon OSS
Services and shall provide assistance to Verizon in identifying and
correcting mistakes, omissions, interruptions, delays, errors, defects
faults, failures, or other deficiencies, in Verizon OSS Services.
Verizon Access to Information Related to Granite Customers.
Verizon shall have the right to access, use and disclose information
related to Granite Customers that is in Verizon s possession
(including, but not limited to , in Verizon OSS Facilities) to the extent
such access, use and/or disclosure has been authorized by the
Granite Customer in the manner required by Applicable Law.
Upon request by Verizon, Granite shall negotiate in good faith and
enter into a contract with Verizon, pursuant to which Verizon may
obtain access to Granite s operations support systems (including,
systems for pre-ordering, ordering, provisioning, maintenance and
repair, and billing) and information contained in such systems, to
permit Verizon to obtain information related to Granite Customers (as
authorized by the applicable Granite Customer), to permit Customers
to transfer service from one Telecommunications Carrier to another,
and for such other purposes as may be permitted by Applicable Law.
10.
Verizon Pre-OSS Services.
10.
10.
As used in this Section 8
, "
Verizon Pre-OSS Service" means a service
which allows the performance of an activity which is comparable to an
activity to be performed through a Verizon OSS Service and which
Verizon offers to provide to Granite prior to, or in lieu of, Verizon
provision of the Verizon OSS Service to Granite. The term "Verizon
Pre-OSS Service" includes, but is not limited to, the activity of placing
orders for Verizon Services through a telephone facsimile
communication.
Subject to the requirements of Applicable Law, the Verizon Pre-OSS
Services that will be offered by Verizon shall be as determined by
Verizon and Verizon shall have the right to change Verizon Pre-OSS
Services, from time-to-time, without the consent of Granite.
Subject to the requirements of Applicable Law, the rates for Verizon
Pre-OSS Services shall be as determined by Verizon and shall be
subject to change by Verizon from time to time.
Granite Comp_v2.7c.doc
10.4 The provisions of Sections 8.4 through 8.8 of this Attachment shall
also apply to Verizon Pre-OSS Services. For the purposes of this
Section 8.10: (a) references in Sections 8.4 through 8.8 of this
Attachment to Verizon OSS Services shall be deemed to include
Verizon Pre-OSS Services; and , (b) references in Sections 8.4 through
8 of this Attachment to Verizon OSS Information shall be deemed to
include information made available to Granite through Verizon Pre-
OSS Services.
Cancellations.
Verizon may cancel orders for service which have had no activity within thirty-one
(31) consecutive calendar days after the original service due date.
Poles, Ducts, Conduits and Rights-of-Way
Verizon shall afford Granite non-discriminatory access to poles , ducts, conduits
and rights-of-way owned or controlled by Verizon. Such access shall be
provided in accordance with, but only to the extent required by, Applicable Law
pursuant to Verizon s applicable Tariffs, or, in the absence of an applicable
Verizon Tariff, Verizon s generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually acceptable
agreement to be negotiated by the Parties.
Granite shall afford Verizon non-discriminatory access to poles, ducts, conduits
and rights-of-way owned or controlled by Granite. Such access shall be provided
pursuant to Granite s applicable Tariffs, or, in the absence of an applicable
Granite Tariff, Granite s generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually acceptable
agreement to be negotiated by the Parties. The terms, conditions and prices
offered to Verizon by Granite for such access shall be no less favorable than the
terms, conditions and prices offered to Granite by Verizon for access to poles
ducts, conduits and rights of way owned or controlled by Verizon.
Telephone Numbers10.
10.
10.
10.
10.4
This Section applies in connection with Granite Customers served by
Telecommunications Services provided by Verizon to Granite for resale or a
Local Switching Network Element provided by Verizon to Granite.
Granite s use of telephone numbers shall be subject to Applicable Law the rules
of the North American Numbering Council and the North American Numbering
Plan Administrator, the applicable provisions of this Agreement (including, but not
limited to, this Section 10), and Verizon s practices and procedures for use and
assignment of telephone numbers, as amended from time-to-time.
Subject to Sections 10.2 and 10.4 of this Attachment, if a Customer of either
Verizon or Granite 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 Granite, from Granite to Verizon, or from Granite 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,
Granite Comp_v2.7c.doc
10.
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 Granite for resale, the type or class of service
subscribed to by the Customer changes.
If service on a VTS or VLSNE provided by Verizon to Granite under this
Agreement is terminated and the telephone numbers associated with such VTS
or VLSNE have not been ported to a Granite 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, Granite, or Telecommunications Carriers other than Verizon and
Granite.
10.Granite may reserve telephone numbers only to the extent Verizon s Customers
may reserve telephone numbers.
11.Routing for Operator Services and Directory Assistance Traffic
For a Verizon Telecommunications Service dial tone line purchased by Granite for resale
pursuant to the Resale Attachment, upon request by Granite, Verizon will establish an
arrangement that will permit Granite to route the Granite Customer s calls for operator
and directory assistance services to a provider of operator and directory assistance
services selected by Granite. Verizon will provide this routing arrangement in
accordance with, but only to the extent required by, Applicable Law. Verizon will provide
this routing arrangement pursuant to an appropriate written request submitted by Granite
and a mutually agreed-upon schedule. This routing arrangement will be implemented at
Granite s expense , with charges determined on an individual case basis. In addition to
charges for initially establishing the routing arrangement, Granite will be responsible for
ongoing monthly and/or usage charges for the routing arrangement. Granite shall
arrange, at its own expense, the trunking and other facilities required to transport traffic to
Granite s selected provider of operator and directory assistance services.
12.Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a service or arrangement offered under this Attachment,
Verizon reserves the right to negotiate in good faith with Granite reasonable terms and
conditions (including, without limitation, rates and implementation timeframes) for such
service or arrangement; and, if the Parties cannot agree to such terms and conditions
(including, without limitation , rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
G ranite Comp- v2.7c.doc
INTERCONNECTION ATTACHMENT
General
Each Party shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of Interconnection on Verizon s network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of example
a technically feasible Point of Interconnection on Verizon s network in a LATA would
include an applicable Verizon Tandem Wire Center or Verizon End Office Wire Center
but, notwithstanding any other provision of this Agreement or otherwise, would not
include a Granite Wire Center, Granite switch or any portion of a transport facility
provided by Verizon to Granite or another party between (x) a Verizon Wire Center or
switch and (y) the Wire Center or switch of Granite or another party. For brevity s sake,
the foregoing examples of locations that, respectively, are and are not "on Verizon
network" shall apply (and are hereby incorporated by reference) each time the term "
Verizon s network" is used in this Agreement.
Points of Interconnection and Trunk Types
Point(s) of Interconnection.
Each Party, at its own expense, shall provide transport facilities to the
technically feasible Point(s) of Interconnection on Verizon s network in
a LATA selected by Granite.
Trunk Types.
In interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1 .
Granite Comp_v2.7c.doc
Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffic, translated LEC IntraLATA
toll free service access code (e., 800/888/877) traffic, and
IntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffic, and,
Measured Internet Traffic, all in accordance with Sections 5
through 8 of this Attachment;
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 Granite Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Verizon access Tandem in accordance with
Sections 9 through 11 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
IntraLATAllnterLATA toll free service access code (e.
800/888/877) traffic.
2.4
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 or Trunks for 500/555 traffic).
In accordance with the terms of this Agreement, the Parties will deploy
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).
Granite shall establish, at the technically feasible Point(s) of
Interconnection on Verizon s network in a LATA, separate
Interconnection Trunk group(s) between such POI(s) and each
Verizon Tandem in a LATA with a subtending End Office(s) to which
Granite originates calls for Verizon to terminate.
In the event the volume of traffic between a Verizon End Office and a
technically feasible Point of Interconnection on Verizon s network in a
LATA, which is carried by a Final Tandem Interconnection Trunk
group, exceeds the Centium Call Second (Hundred Call Second) busy
hour equivalent of one (1) DS-1 at any time and/or 200 000 minutes of
use for a single month: (a) if One-Way Interconnection Trunks are
used, the originating Party shall promptly establish new or augment
existing End Office One-Way Interconnection Trunk groups between
the Verizon End Office and the technically feasible Point of
Interconnection on Verizon s network; or, (b) if Two-Way
Interconnection Trunks are used, Granite shall promptly submit an
ASR to Verizon to establish new or augment existing End Office Two-
Way Interconnection Trunk group(s) between that Verizon End Office
and the technically feasible Point of Interconnection on Verizon
network.
Except as otherwise agreed in writing by the Parties, the total number
of Tandem Interconnection Trunks between a technically feasible
Point of Interconnection on Verizon s network and a Verizon Tandem
will be limited to a maximum of 240 trunks. In the event that the
volume of traffic between a technically feasible Point of
Interconnection on Verizon s network and a Verizon Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, Granite shall promptly submit an ASR to Verizon to establish
new or additional End Office Trunks to insure that the volume of traffic
between the technically feasible Point of Interconnection on Verizon
network and the Verizon Tandem does not exceed the capacity of the
240 trunks.
One-Way Interconnection Trunks.
Where the Parties use One-Way Interconnection Trunks for the
delivery of traffic from Granite to Verizon , Granite, at Granite s own
expense, shall:
provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of Interconnection on Verizon
network in a LATA; and/or
Granite I D - Comp- v2.7c.doc
obtain transport for delivery of the traffic to the technically
feasible Point(s) of Interconnection on Verizon s network in
a LATA (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
For each Tandem or End Office One-Way Interconnection Trunk group
for delivery of traffic from Granite to Verizon with a utilization level of
less than sixty percent (60%), unless the Parties agree otherwise
Granite will promptly submit ASRs to disconnect a sufficient number of
Interconnection Trunks to attain a utilization level of approximately
sixty percent (60%). In the event Granite fails to submit an ASR to
disconnect One-Way Interconnection Trunks as required by this
Section, Verizon may bill (and to Granite shall pay) for the excess
Interconnection Trunks at the rates set forth in the Pricing Attachment.
Where the Parties use One-Way Interconnection Trunks for the
delivery of traffic from Verizon to Granite, Verizon, at Verizon s own
expense, shall provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of Interconnection on Verizon s network in
a LATA.
2.4.
Two-Way Interconnection Trunks,
Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffic between Verizon and Granite, Granite , at its own
expense, shall:
2.4.1 .provide its own facilities to the technically feasible Point(s)
of Interconnection on Verizon s network in a LATA; and/or
2.4
2.4.
2.4.
2.4.1 .obtain transport to the technically feasible Point(s) of
Interconnection on Verizon s network in a LATA (a) from a
third-party, or, (b) if Verizon offers such transport pursuant
to this Agreement or an applicable Verizon Tariff, from
Verizon.
Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffic between Verizon and Granite, Verizon, at its own
expense, shall provide its own facilities to the technically feasible
Point(s) of Interconnection on Verizon s network in a LATA.
Prior to establishing any Two-Way Interconnection Trunks, Granite
shall meet with Verizon to conduct a joint planning meeting ("Joint
Planning Meeting ). At that Joint Planning Meeting, each Party shall
provide to the other Party originating Centium Call Second (Hundred
Call Second) information, and the Parties shall mutually agree on the
appropriate initial number of End Office and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
technically feasible Point(s) of Interconnection on Verizon s network in
a LATA at which the Parties interconnect for the exchange of traffic.
Where the Parties have agreed to convert existing One-Way
Interconnection Trunks to Two-Way Interconnection Trunks , at the
Joint Planning Meeting, the Parties shall also mutually agree on the
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
Granite I D - Comp- v2. 7 c.doc
2.4.4
2.4.
2.4.
2.4.
2.4.
2.4.
2.4.
2.4.
On a semi-annual basis, Granite shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
Interconnection Trunks that Granite anticipates Verizon will need to
provide during the ensuing two (2) year period for the exchange of
traffic between Granite and Verizon. Granite s trunk forecasts shall
conform to the Verizon CLEC trunk forecasting guidelines as 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 Centium Call Second (Hundred Call
Second) equal to five (5).
Two-Way Interconnection Trunk groups that connect to a Verizon
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson 8.005 during the average time consistent busy hour.
Two-Way Interconnection Trunk groups that connect to a Verizon local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson B.01 during the average time consistent busy hour.
Verizon and Granite shall engineer Two-Way Interconnection Trunks
using BOC Notes on the LEC Networks SR-TSV-002275.
The performance standard for final Two-Way Interconnection Trunk
groups 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.
Granite shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffic carried on each Two-Way
Interconnection Trunk group. Granite 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 Verizon s effective standard
intervals or negotiated intervals, as appropriate. Granite shall
complete ASRs in accordance with OBF Guidelines as in effect from
time to time.
Verizon may (but shall not be obligated to) 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 Tandem Two-Way
Interconnection Trunk group and Granite has not notified Verizon that
it has corrected such blocking, Verizon may submit to Granite a Trunk
Group Service Request directing Granite to remedy the blocking.
Upon receipt of a Trunk Group Service Request, Granite will complete
an ASR to establish or augment the End Office Two-Way
Interconnection Trunk group(s), or, if mutually agreed, to augment the
Granite Comp- v2.7c.doc
2.4.
2.4.
2.4.
Tandem Two-Way Interconnection Trunk group with excessive
blocking and submit the ASR to Verizon within five (5) Business Days.
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.
Granite 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, Granite will
promptly submit ASRs to disconnect a sufficient number of
Interconnection Trunks to attain a utilization level of approximately
sixty percent (60%) for each respective group, unless the Parties
agree that the Two-Way Interconnection Trunks should not be
disconnected. In the event Granite fails to submit an ASR for Two-
Way Interconnection Trunks in conformance with this Section , Verizon
may bill Granite for the excess Interconnection Trunks at the
applicable Verizon rates.
Because Verizon will not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
Granite s network, Verizon s performance in connection with these
Two-Way Interconnection Trunk groups shall not be subject to any
performance measurements and remedies under this Agreement, and,
except as otherwise required by Applicable Law, under any FCC or
Commission approved carrier-to-carrier performance assurance
guidelines or plan.
Granite will route its traffic to Verizon over the End Office and Tandem
Two-Way Interconnection Trunks in accordance with SR-T AP-000191,
including but not limited to those standards requiring that a call from
Granite to a Verizon End Office will first be routed to the End Office
Interconnection Trunk group between Granite and the Verizon End
Office.
Alternative Interconnection Arrangements
In addition to the foregoing methods of Interconnection, and subject to mutual
agreement of the Parties, the Parties may agree to establish a Fiber Meet
arrangement.
The establishment of any 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
Fiber Meet arrangement.
Except as otherwise agreed by the Parties, Fiber Meet arrangements shall be
used only for the termination of Reciprocal Compensation Traffic, Measured
Internet Traffic, and IntraLATA Toll Traffic.
Initiating Interconnection
Granite Comp_v2.7c.doc
If Granite 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, Granite 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 of this Attachment shall include (a) the initial
Routing Point(s); (b) the applicable technically feasible Point(s) of
Interconnection on Verizon s network to be established in the relevant LATA in
accordance with this Agreement; (c) Granite s intended Interconnection activation
date; (d) a forecast of Granite s trunking requirements conforming to Section 14.
of this Attachment; 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 Verizon s receipt of Granite s notice
provided for in Section 4.1 of this Attachment, Verizon and Granite shall confirm
the technically feasible Point of Interconnection on Verizon s network in the new
LATA 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.
For both One-Way and Two-Way Interconnection Trunks, if Granite
wishes to use a technically feasible interface other than a DS-1 or a
DS-3 facility at the POI , the Parties shall negotiate reasonable terms
and conditions (including, without limitation , rates and implementation
timeframes) for such arrangement; and, if the Parties cannot agree to
such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement's
dispute resolution procedures.
When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS-3 interface facility, if Granite orders the multiplexed DS-
facilities to a Verizon Central Office that is not designated in the NECA
4 Tariff as the appropriate Intermediate Hub location (Le., the
Intermediate Hub location in the appropriate Tandem subtending area
based on the LERG), and the provision of such facilities to the subject
Central Office is technically feasible, the Parties shall negotiate in
good faith reasonable terms and conditions (including, without
limitation , rates and implementation timeframes) for such
arrangement; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation
timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
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.
Granite I D Comp- v2.7c.doc
5.4
2.4 When SS7 signaling is not used, unless mutually agreed to by both
Parties, each Party will outpulse ten (10) digits to the other Party.
Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
Switching System Hierarchy and Trunking Requirements.
For purposes of routing Granite 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 (Le., traffic will be routed to the
appropriate Verizon Tandem subtended by the terminating End Office serving the
Verizon Customer). For purposes of routing Verizon traffic to Granite, the
subtending arrangements between Granite Tandem Switches and Granite End
Office Switches shall be the same as the Tandem/End Office subtending
arrangements that Granite 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 14.1 of this
Attachment.
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, Measured Internet 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 Tariff
, for Measured Internet Traffic, the FCC Internet Order.
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.
Granite Comp- v2.7c.doc
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/Measured
Internet Traffic, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate 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.
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
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 Measured Internet Traffic, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
Each Party reserves the right to audit all Traffic, up to a maximum of two audits
per calendar year, to ensure that rates are being applied appropriately; provided
however, that either Party shall have the right to conduct additional audit(s) if the
preceding audit disclosed material errors or discrepancies. Each Party agrees to
provide the necessary Traffic data in conjunction with any such audit in a timely
manner.
6.4 Nothing in this Agreement shall be construed to limit either Party s ability to
designate the areas within which that Party s Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
If and, to the extent that, a Granite Customer receives V/FX Traffic,Granite shall
promptly provide notice thereof to Verizon (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses forV/FX
Traffic, as well as the LATA in which the Customer s station is actually physically
located) and shall not bill Verizon Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Verizon s Customers to
such Granite Customers.
Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act
Reciprocal Compensation.
Granite Comp_v2.7c.doc
The Parties shall exchange Reciprocal Compensation Traffic at the technically
feasible Point(s) of Interconnection on Verizon s network in a LATA designated in
accordance with the terms of this Agreement. The Party originating Reciprocal
Compensation Traffic shall compensate the terminating Party for the transport
and termination of such traffic to its Customer in accordance with Section
251 (b)(5) of the Act at the equal and symmetrical rates stated in the Pricing
Attachment; it being understood and agreed that Verizon shall charge (and
Granite shall pay Verizon) the End Office Reciprocal Compensation rate set forth
in the Pricing Attachment for Reciprocal Compensation Traffic Granite physically
delivers to a POI at the Verizon Wire Center in which the terminating Verizon End
Office is located, and otherwise that Verizon shall charge (Granite shall pay
Verizon) the Tandem Reciprocal Compensation rate set forth in the Pricing
Attachment for Reciprocal Compensation Traffic Granite delivers to Verizon; it
also being understood and agreed that Granite shall charge (and Verizon shall
pay Granite) the End Office Reciprocal Compensation rate set forth in the Pricing
Attachment for Reciprocal Compensation Traffic Verizon delivers to Granite
unless Verizon is required under Applicable Law to pay the Tandem Reciprocal
Compensation rate set forth in the Pricing Attachment. These rates are to be
applied at the technically feasible Point(s) of Interconnection on Verizon
network in a LATA at which the Parties interconnect, whether such traffic is
delivered by Verizon for termination by Granite, or delivered by Granite for
termination by Verizon. No additional charges shall be assessed by the
terminating Party for the transport and termination of such traffic from the
technically feasible Point(s) of Interconnection on Verizon s network in a LATA to
its Customer; provided, however, for the avoidance of any doubt, Granite shall
also pay Verizon, at the rates set forth in the Pricing Attachment, for any
multiplexing, cross connects or other Collocation related Services that Granite
obtains from Verizon. When such Reciprocal Compensation Traffic is delivered
over the same Interconnection Trunks as Toll Traffic, any port, transport or other
applicable access charges related to the delivery of Toll Traffic from the
technically feasible Point of Interconnection on Verizon s network in a LATA to
the terminating Party s Customer shall be prorated so as to apply only to the Toll
Traffic. The designation of traffic as Reciprocal Compensation Traffic for
purposes of Reciprocal Compensation shall be based on the actual originating
and terminating points of the complete end-to-end communication.
Traffic Not Subject to Reciprocal Compensation.
2.4
G ranite Comp- v2.7c.doc
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic), Information Access , or exchange
services for Exchange Access or Information Access.
Reciprocal Compensation shall not apply to Internet Traffic.
Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (1 OXXX/1 01 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).
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 Virtual Foreign Exchange
Traffic (i.e., V/FX Traffic). As used in this Agreement
, "
Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a
Granite Customer is assigned a telephone number with an NXX Code
(as set forth in the LERG) associated with an exchange that is different
than the exchange (as set forth in the LERG) associated with the
actual physical location of such Customer s station. For the avoidance
of any doubt, Granite shall pay Verizon s originating access charges
for all V/FX Traffic originated by a Verizon Customer, and Granite shall
pay Verizon s terminating access charges for all V/FX Traffic
originated by a Granite Customer.
The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by Granite to Verizon shall not
exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) billed by Verizon to
Granite.
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 Internet Traffic shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for Internet Traffic that is in excess of the intercarrier
compensation for Internet Traffic that such Party is required to pay under the
FCC Internet Order and other applicable FCC orders and FCC Regulations.
Subject to Section 8.1 of this Attachment, 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 Granite to
Verizon, Granite 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 Granite.
Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
8.4
The Parties may also exchange Internet Traffic at the technically feasible Point(s)
of Interconnection on Verizon s network in a LATA established hereunder for the
exchange of Reciprocal Compensation Traffic. Any intercarrier compensation
that may be due in connection with the Parties' exchange of Internet Traffic shall
be applied at such technically feasible Point of Interconnection on Verizon
network in a LATA in accordance with the FCC Internet Order.
Transmission and Routing of Exchange Access Traffic
G ranite Comp- v2.7c.doc
10.
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 Granite Telephone Exchange Service
Customers and Interexchange Carriers ("Access Toll Connecting Trunks ), in any
case where Granite elects to have its End Office Switch subtend a Verizon
Tandem. This includes casually-dialed (1 01 OXXX and 101XXXX) traffic.
Access Toll Connecting Trunk Group Architecture.
If Granite chooses to subtend a Verizon access Tandem, Granite
NPAlNXX must be assigned by Granite to subtend the same Verizon
access Tandem that a Verizon NPAlNXX serving the same Rate
Center Area subtends as identified in the LERG.
Granite 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
Granite s Customers.
The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office Granite utilizes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Verizon utilizes
to provide Exchange Access in such LATA.
Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow Granite
Customers to connect to or be connected to the interexchange trunks
of any Interexchange Carrier which is connected to a Verizon access
Tandem.
2.4
10.
Meet-Point Billing Arrangements
Granite and Verizon will establish Meet-Point Billing (MPB) arrangements in
order to provide a common transport option to Switched Exchange Access
Services customers via a Verizon access Tandem Switch in accordance with the
Meet Point Billing guidelines contained in the OBF's MECAB and MECOD
documents, except as modified herein, and in Verizon s applicable Tariffs. The
arrangements described in this Section 10 are intended to be used to provide
Switched Exchange Access Service where the transport component of the
Switched Exchange Access Service is routed through an access Tandem Switch
that is provided by Verizon.
In each LATA, the Parties shall establish MPB arrangements for the applicable
Granite Routing PointNerizon Serving Wire Center combinations.
Interconnection for the MPB arrangement shall occur at each of the Verizon
access Tandems in the LATA, unless otherwise agreed to by the Parties.
Granite 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.
Granite Comp_v2.7c.doc
10.
10.
10.4
10.
10.
10.
10.
10.
In general , there are four alternative Meet-Point Billing arrangements possible,
which are: Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple
Tariff, and Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bill/Single Tariff" or "Multiple Bill/Multiple
Tariff" option , as appropriate, in order to bill an IXC for the portion of the MPB
arrangement provided by that Party. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Party may use the New York State
Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single
Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party s applicable Tariffs, or other
document that contains the terms under which that Party s access services are
offered. For each Granite Routing PoinWerizon Serving Wire Center
combination, the MPB billing percentages for transport between the Granite
Routing Point and the Verizon Serving Wire Center shall be calculated in
accordance with the formula set forth in Section 10.17 of this Attachment.
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 Granite with the Terminating Switched Access Detail Usage
Data (EMI category 1101XX records) recorded at the Verizon access Tandem on
cartridge or via such other media as the Parties may agree to, no later than ten
(10) Business Days after the date the usage occurred.
Granite shall provide Verizon with the Originating Switched Access Detail Usage
Data (EMI category 1101 XX records) on cartridge or via such other media as the
Parties may agree, no later than ten (10) Business Days after the date the usage
occurred.
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 of this
Attachment shall be sent to the following addresses:
To Granite:
Geoff Cookman
234 Copeland St.
Quincy, Massachusetts 02169
For Verizon (Former GTE service area):
Verizon Data Services
. ATTN: MPB
1 East Telecom Parkway
Dock D
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.
Granite Comp- v2.7c.doc
10.Granite and Verizon shall coordinate and exchange the billing account reference
(BAR) and billing account cross reference (BACR) numbers or Operating
Company Number ("OCN"), as appropriate, for the MPB arrangements described
in this Section 10. Each Party shall notify the other if the level of billing or other
BAR/BACR elements change, resulting in a new BAR/BACR number, or if the
OCN changes.
10.12 Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirty (30) calendar days of the receipt of the
original data. The other Party shall attempt to correct the error and resubmit the
data within ten (10) Business Days of the notification. In the event the errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data will be considered lost. In the event of a loss of data, whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Party s consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
10.15 MPB will apply for all traffic bearing the 500, 900, toll free service access code
(e.g. 800/888/877) (to the extent provided by an IXC) or any other non-
geographic NPA which may be designated for such traffic in the future.
10.16 In the event Granite determines to offer Telephone Exchange Services in a LATA
in which Verizon operates an access Tandem Switch, Verizon shall permit and
enable Granite to subtend the Verizon access Tandem Switch(es) designated for
the Verizon End Offices in the area where there are located Granite Routing
Point(s) associated with the NPA NXX(s) to/from which the Switched Exchange
Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billing percentages
for each Routing PointlVerizon Serving Wire Center combination shall be
calculated according to the following formula, unless as mutually agreed to by the
Parties:
a/(a+b)Granite Billing Percentage
and
b / (a + b)Verizon Billing Percentage
where:
the airline mileage between Granite Routing Point and the actual
point of interconnection for the MPB arrangement; and
the airline mileage between the Verizon Serving Wire Center and
Granite Comp_v2.7c.doc
the actual point of interconnection for the MPB arrangement.
10.18 Granite 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 Granite s delivery
of notice to Verizon, Verizon and Granite shall confirm the Routing PoinWerizon
Serving Wire Center combination and billing percentages.
11.Toll Free Service Access Code (e., 800/888/877) Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.g., 800/877/888)("8YY") calls to the other Party. For the purposes of this Section 11
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YY database. Except as otherwise agreed to by the Parties, all Granite originating
untranslated" 8YY traffic will be routed over a separate One-Way Trunk group.
11.When Granite delivers translated 8YY calls to Verizon for completion,
11.to an IXC, Granite shall:
11.provide an appropriate EMI record to Verizon for processing
and Meet Point Billing in accordance with Section 10 of this
Attachment; and
11.bill the IXC the Granite 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, Granite shall:
11 .1 .provide an appropriate EMI record to the toll free service
access code service provider; and
11.bill to the toll free service access code service provider the
Granite s Tariffed Feature Group D ("FGD") Switched
Exchange Access or Reciprocal Compensation rates, as
applicable, and the Granite query charge; and
11.Verizon shall bill applicable Tandem Transit Service
charges and associated passthrough charges to Granite.
11.When Verizon performs the query and delivers translated 8YY calls, originated
by Verizon s or another LEC's Customer
11.to Granite in it's capacity as a toll free service access code service
provider, Verizon shall:
11 .1 .bill Granite the Verizon query charge associated with the
call as specified in the Pricing Attachment; and
11.provide an appropriate EMI record to Granite; and
11.bill Granite Verizon s Tariffed FGD Switched Exchange
Access or Reciprocal Compensation rates as applicable.
When Granite: delivers untranslated 8YY calls to Verizon for completion11.
Granite Comp- v2.7c.doc
12.
11.
11.to an IXC, Verizon shall:
11 .1 .query the call and route the call to the appropriate IXC; and
11.provide an appropriate EMI record to Granite to facilitate
billing to the IXC; and
11.bill the IXC the Verizon query charge associated with the
call and any other applicable Verizon charges.
11.to Verizon or another LEC that is a toll free service access code
service provider in the LATA, Verizon shall:
11 .query the call and route the call to the appropriate LEC toll
free service access code service provider; and
11.provide an appropriate EMI record to Granite; to facilitate
billing to the LEC toll free service access code service
provider; and
11.bill the LEC toll free service access code service provider
the query charge associated with the call and any other
applicable Verizon charges.
12.
Tandem Transit Traffic
Verizon will not direct untranslated toll free service access code call to Granite.
12.
12.
12.4
As used in this Section 12 , Tandem Transit Traffic is Telephone Exchange
Service traffic that originates on Granite 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 Granite 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 Granite with the transport of Tandem
Transit Traffic as provided below.
Tandem Transit Traffic may be routed over the Interconnection Trunks described
in Sections 2 through 6 of this Attachment. Granite 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.
Granite 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
Granite 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 Granite will pay a monthly "Transit Service Billing Fee , as set
forth in the Pricing Attachment, in addition to the Tandem Transit Traffic Service
charges set forth in the Pricing Attachment.
Granite Comp- v2.7c.doc
13.
12.
12.
12.
12.
Granite shall pay Verizon for Transit Service that Granite originates at the rate
specified in the Pricing Attachment. Verizon reserves the right to assess to
Granite 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. Payment of
any terminating charges (access or otherwise) are the responsibility of Granite.
Except as set forth in this Section 12.6, Verizon will not provide Tandem Transit
Traffic Service for Tandem Transit Traffic volumes that exceed the CCS busy
hour equivalent of 200,000 combined minutes of use to a particular CLEC, lTC,
CMRS carrier or other LEC for any month (the "Threshold Level"). At such time
that Granite s Tandem Transit Traffic exceeds the Threshold Level, upon receipt
of a written request from Granite, Verizon shall continue to provide Tandem
Transit Service to Granite (for the carrier in respect to which the Threshold Level
has been reached) for a period equal to sixty (60) days after the date upon which
the Threshold Level was reached for the subject carrier (the "Transition Period"
During the Transition Period, in addition to any and all Tandem Transit Traffic
rates and charges as provided in Section 12.5 hereof, Granite shall pay Verizon
(a) a monthly "Transit Service Trunking Charge" for each subject carrier, as set
forth in the Pricing Attachment, and (b) a monthly "Transit Service Billing Fee , as
set forth in the Pricing Attachment. Upon Granite s receipt of Verizon s notice
that the Threshold Level has been reached with respect to a specific carrier
Granite shall exercise its best efforts to enter into a reciprocal Telephone
Exchange Service traffic agreement with such carrier for the purpose of seeking
direct interconnection. If Verizon believes that Granite has not exercised good
faith efforts promptly to obtain such agreement, Verizon may use the Dispute
Resolution processes of this Agreement. If, at the end of the Transition Period
Verizon does not terminate the Transit Traffic Service to Granite, Granite shall
continue to pay Verizon (i) a monthly "Transit Service Trunking Charge" for each
subject carrier, as set forth in the Pricing Attachment, and (ii) a monthly "Transit
Service Billing Fee , as set forth in the Pricing Attachment.
If or when a third party carrier s Central Office subtends a Granite Central Office
then Granite shall offer to Verizon a service arrangement equivalent to or the
same as Tandem Transit Service provided by Verizon to Granite 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 Granite Central Office
Reciprocal Tandem Transit Service ). Granite 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 Center Areas and Routing Points
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 Center
Areas 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
Granite Comp_v2.7c.doc
14.
13.
13.4
13.
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.
Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, Granite shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Verizon within the LATA and Tandem serving area. Granite 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.
Granite will also designate a Routing Point for each assigned NXX code. Granite
shall designate one location for each Rate Center Area in which the Granite has
established NXX code(s) as the Routing Point for the NPA-NXXs associated with
that Rate Center Area, and such Routing Point shall be within the same LATA as
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise , calls to subsequent NXXs of Granite will be routed in
the same manner as calls to Granite s initial NXXs.
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 Granite s choices regarding the size of the local calling area(s)
that Granite may establish for its Customers, which local calling areas may be
larger than, smaller than, or identical to Verizon s local calling areas.
Joint Network Implementation and Grooming Process; and Installation,
Maintenance, Testing and Repair
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 Point(s) of Interconnection on Verizon
network in a LATA as provided in Section 2 of this Attachment; and
such other matters as the Parties may agree, including, e., End
Office to End Office high usage trunks as good engineering practices
may dictate.
Forecasting Requirements for Trunk Provisioning.
Granite Comp_v2.7c.doc
Within ninety (90) days of executing this Agreement, Granite shall provide
Verizon a two (2)-year traffic forecast. This initial forecast will provide the
amount of traffic to be delivered to and from Verizon over each of the
Interconnection Trunk groups over the next eight (8) quarters. The forecast shall
be updated and provided to Verizon on an as-needed basis but no less
frequently than semiannually. All forecasts shall comply with the Verizon CLEC
Interconnection Trunking Forecast Guide and shall include, at a minimum
Access Carrier Terminal Location (ACTL), traffic type (Reciprocal Compensation
TrafficlToll Traffic, Operator Services, 911, etc.), code (identifies trunk group), A
location/Z location (CLLI codes for applicable Verizon Tandem and End Office
switches to which Granite wishes to send traffic and the technically feasible
Points of Interconnection on Verizon s network in a LATA at which the Parties will
interconnect), interface type (e., DS1), and trunks in service each year
(cumulative).
14.Initial ForecastslTrunkinq Requirements. 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 Granite decides to market its services, Verizon will be largely
dependent on Granite to provide accurate trunk forecasts for both
inbound (from Verizon) and outbound (to Verizon) traffic. Verizon will
as an initial matter, provide the same number of trunks to terminate
Reciprocal Compensation Traffic to Granite as Granite provides to
terminate Reciprocal Compensation Traffic to Verizon. At Verizon
discretion, when Granite 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 Granite suggests; provided, however, that in all cases Verizon
provision of the forecasted number of trunks to Granite is conditioned
on the following: that such forecast is based on reasonable
engineering criteria, there are no capacity constraints, and Granite
previous forecasts have proven to be reliable and accurate.
14.1 .
14.
Granite - Comp- v2.7c.doc
Monitorinq and Adiustinq Forecasts.Verizon will, for ninety
(90) days, monitor traffic on each trunk group that it
establishes at Granite s suggestion or request pursuant to
the procedures identified in Section 14.2 of this Attachment.
At the end of such ninety-(90) day period, Verizon may
disconnect trunks that, based on reasonable engineering
criteria and capacity constraints, are not warranted by the
actual traffic volume experienced. If, after such initial ninety
(90) day period for a trunk group, Verizon determines that
any trunks in the trunk group in excess of two (2) DS-1 s are
not warranted by actual traffic volumes (considering
engineering criteria for busy Centium Call Second (Hundred
Call Second) and blocking percentages), then Verizon may
hold Granite financially responsible for the excess facilities
and disconnect such excess facilities.
In subsequent periods, Verizon may also monitor traffic for
ninety (90) days on additional trunk groups that Granite
suggests or requests Verizon to establish. If, after any such
(90) day period, Verizon determines that any trunks in the
trunk group are not warranted by actual traffic volumes
(considering engineering criteria for busy hour Centium Call
Second (Hundred Call Second) and blocking percentages),
then Verizon may hold Granite financially responsible for
the excess facilities. At any time during the relevant ninety-
(90) day period, Granite may request that Verizon
disconnect trunks to meet a revised forecast. In such
instances, Verizon may hold Granite financially responsible
for the disconnected trunks retroactive to the start of the
ninety (90) day period through the date such trunks are
disconnected.
15.
Number Portability - Section 251(B)(2)15.
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 OBF.
The Parties shall provide LNP on a reciprocal basis.
15.
15.
15.
15.
15.2.4
Granite I D - Comp- v2. 7 c.doc
A Customer of one Party ("Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
work together to port the Customer s telephone number(s) from Party
s network to Party B's network.
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.
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 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
15.
15.4
15.
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.
15.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.
15.
15.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 Through 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
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 Providing INP (Interim Number Portability).
The Parties shall provide Interim Number Portability (INP) in accordance with
rules and regulations prescribed from time tb 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
Granite I D - Comp- v2. 7 c.doc
15.4.
15.4.
15.4.4
15.4.5
15.4.
15.4.
End Office is not LNP-capable , Party A shall make INP available only
where LNP is not commercially available or not required by FCC
orders and regulations. INP will be provided by remote call forwarding
(RCF) and/or direct inward dialing (DID) technology, which will forward
terminating calls to Party B's End Office. Party B shall provide Party A
with an appropriate "forward-" number.
Prices for INP and formulas for sharing Terminating access revenues
associated with INP shall be provided where applicable, upon request
by either Party.
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.
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 of this Attachment.
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.
Upon availability of LNP after October 1 , 2000 at an End Office of
either Party, both Parties agree to work together to convert the existing
INP-served Customers to LNP by no later than 90 days from the date
of LNP availability unless otherwise agreed to by the Parties.
When, through no fault of Verizon s, alllNP has not been converted to
LNP at the end of the agreed to conversion period, then the remaining
INPs will be changed to a functionally equivalent tariff service and
billed to Granite 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 Regulations.
15.
15.
Granite Comp_v2.7c.doc
If Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a LNP
15.
request to Party A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
provide 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.
16.Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a service or arrangement offered under this Attachment
Verizon reserves the right to negotiate in good faith with Granite reasonable terms and
conditions (including, without limitation , rates and implementation timeframes) for such
service or arrangement; and, if the Parties cannot agree to such terms and conditions
(including, without limitation, rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
17.Transport and Termination of Indirect Interconnection Traffic
17.Network Interconnection Architecture Traffic to be Exchanged.
The Parties shall reciprocally terminate mandatory EAS, optional EAS and
IntraLATA Toll originating on each other s networks utilizing Indirect Network
Interconnections.
17.Network Interconnection Architecture.
Each Party will plan, design, construct and maintain the facilities within their
respective systems as are necessary and proper for the provision of traffic
covered by this Agreement. These facilities include but are not limited to, a
sufficient number of trunks to the point of interconnection with the tandem
company, and sufficient interoffice and interexchange facilities and trunks
between its own central offices to adequately handle traffic between all central
offices within the service areas at a P .01 grade of service or better.
The provisioning and engineering of such services and facilities will comply with
generally accepted industry methods and practices, and will observe the rules
and regulations of the lawfully established tariffs applicable to the services
provided.
17.Operator Services Calls.
Each Party agrees to coordinate the interconnection of their operator service
bureau with the operator service bureau of the other Party in order to provide for
the exchange of miscellaneous services, e.g. Busy Line Verification/Interrupt,
Directory Assistance, Call Completions.
17.4 Traffic Recording.
The traffic recording and identification functions required to provide the services
specified hereunder shall be performed by the Parties except for the functions
Granite Comp- v2.7c.doc
performed by the tandem company on behalf of a Party. Each Party will
calculate terminating minutes of use based on standard Automatic Message
Accounting recordings made within each Party s network or by the tandem
company. The Parties agree they will, to the extent feasible, make every attempt
to accurately capture and report the actual usage interchanged between them for
use in calculating the necessary compensation under this Agreement. In the
event detailed terminating billing records are not available, summary billing
reports may be used.
Granite Comp- v2.7c.doc
General
RESALE ATTACHMENT
Verizon shall provide to Granite, in accordance with this Agreement (including, but not
limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law, Verizon
Telecommunications Services for resale by Granite; provided, that notwithstanding any
other provision of this Agreement, Verizon shall be obligated to provide
Telecommunications Services to Granite only to the extent required by Applicable Law
and may decline to provide a Telecommunications Service to Granite to the extent that
provision of such Telecommunications Service is not required by Applicable Law.
Use of Verizon Telecommunications Services
Verizon Telecommunications Services may be purchased by Granite under this
Resale Attachment only for the purpose of resale by Granite as a
Telecommunications Carrier. Verizon Telecommunications Services to be
purchased by Granite for other purposes (including, but not limited to, Granite
own use) must be purchased by Granite pursuant to other applicable
Attachments to this Agreement (if any), or separate written agreements,
including, but not limited to , applicable Verizon Tariffs.
Granite shall not resell:
2.4
Residential service to persons not eligible to subscribe to such service
from Verizon (including, but not limited to, business or other
nonresidential Customers);
Lifeline , Link Up America, or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Verizon;
Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Verizon; or
Any other Verizon service in violation of a restriction stated in this
Agreement (including, but not limited to, a Verizon Tariff) that is not
prohibited by Applicable Law.
In addition to any other actions taken by Granite to comply with this
Section 2., Granite shall take those actions required by Applicable
Law to determine the eligibility of Granite Customers to purchase a
service, including, but not limited to, obtaining any proof or certification
of eligibility to purchase Lifeline, Link Up America, or other means-
tested services, required by Applicable Law. Granite shall indemnify
Verizon from any Claims resulting from Granite s failure to take such
actions required by Applicable Law.
Verizon may perform audits to confirm Granite s conformity to the
provisions of this Section 2.2. Such audits may be performed twice
per calendar year and shall be performed in accordance with Section 7
of the General Terms and Conditions.
Granite I D - Comp- v2. 7 c.doc
2.4
Granite shall be subject to the same limitations that Verizon s Customers are
subject to with respect to any Telecommunications Service that Verizon
grandfathers or discontinues offering. Without limiting the foregoing, except to
the extent that Verizon follows a different practice for Verizon Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) will be furnished only to the extent that facilities continue
to be available to provide such Telecommunications Service.
Granite shall not be eligible to participate in any Verizon plan or program under
which Verizon Customers may obtain products or services, which are not Verizon
Telecommunications Services, in return for trying, agreeing to purchase,
purchasing, or using Verizon Telecommunications Services.
In accordance with 47 CFR 9 51.617(b), Verizon shall be entitled to all charges
for Verizon Exchange Access services used by interexchange carriers to provide
service to Granite Customers.
Availability of Verizon Telecommunications Services
Verizon will provide a Verizon Telecommunications Service to Granite for resale
pursuant to this Attachment where and to the same extent, but only where and to
the same extent that such Verizon Telecommunications Service is provided to
Verizon s Customers.
Except as otherwise required by Applicable Law, subject to Section 3.1 of this
Attachment, Verizon shall have the right to add, modify, grandfather, discontinue
or withdraw Verizon Telecommunications Services at any time, without the
consent of Granite.
To the extent required by Applicable Law, the Verizon Telecommunications
Services to be provided to Granite for resale pursuant to this Attachment will
include a Verizon Telecommunications Service customer-specific contract
service arrangement ("CSA") (such as a customer specific pricing arrangement
or individual case based pricing arrangement) that Verizon is providing to a
Verizon Customer at the time the CSA is requested by Granite.
Responsibility for Charges
Granite shall be responsible for and pay all charges for any Verizon Telecommunications
Services provided by Verizon pursuant to this Resale Attachment.
Operations Matters
Facilities.
Verizon and its suppliers shall retain all of their right, title and interest
in all facilities, equipment, software, information , and wiring used to
provide Verizon Telecommunications Services.
Verizon shall have access at all reasonable times to Granite Customer
locations for the purpose of installing, inspecting, maintaining,
repairing, and removing, facilities, equipment, software, and wiring
used to provide the Verizon Telecommunications Services. Granite
shall, at Granite s expense, obtain any rights and authorizations
necessary for such access.
Granite Comp- v2.7c.doc
Branding.
Rates and Charges
Except as otherwise agreed to in writing by Verizon, Verizon shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, software, or wiring provided by
Granite or Granite Customers for use with Verizon
Telecommunications Services.
Except as stated in Section 5.2 of this Attachment, in providing
Verizon Telecommunications Services to Granite, Verizon shall have
the right (but not the obligation) to identify the Verizon
Telecommunications Services with Verizon s trade names, trademarks
and service marks ("Verizon Marks ), to the same extent that these
Services are identified with Verizon s Marks when they are provided to
Verizon s Customers. Any such identification of Verizon
Telecommunications Services shall not constitute the grant of a
license or other right to Granite to use Verizon s Marks.
To the extent required by Applicable Law, upon request by Granite
and at prices, terms and conditions to be negotiated by Granite and
Verizon, Verizon shall provide Verizon Telecommunications Services
for resale that are identified by Granite s trade name, or that are not
identified by trade name, trademark or service mark.
If Verizon uses a third-party contractor to provide Verizon Operator
Services or Verizon Directory Assistance Services, Granite will be
responsible for entering into a direct contractual arrangement with the
third-party contractor at Granite s expense (a) to obtain identification of
Verizon Operator Services or Verizon Directory Assistance Services
purchased by Granite for resale with Granite s trade name, or (b) to
obtain removal of Verizon Marks from Verizon Operator Services or
Verizon Directory Assistance Services purchased by Granite for
resale.
The rates and charges for Verizon Telecommunication Services purchased by Granite for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
Attachment.
Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a service or arrangement offered under this Attachment
Verizon reserves the right to negotiate in good faith with Granite reasonable terms and
conditions (including, without limitation, rates and implementation timeframes) for such
service or arrangement; and, if the Parties cannot agree to such terms and conditions
(including, without limitation, rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
Granite - Comp- v2.7c.doc
General
NETWORK ELEMENTS ATTACHMENT
Verizon shall provide to Granite, 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 Granite only to the extent
required by Applicable Law and may decline to provide UNEs or Combinations to
Granite to the extent that provision of such UNEs or Combinations is not required
by Applicable Law.
Verizon shall be obligated to combine UNEs that are not already combined in
Verizon s network only to the extent 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; and (b) Verizon shall have no
obligation to construct or deploy new facilities or equipment to offer any UNE or
Combination.
Granite 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
Granite. Without limiting the foregoing, Granite 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 Granite in order to allow Granite to provide
such Exchange Access services.
1.4 Notwithstanding any other provision of this Agreement:
1.4.To the extent Verizon is required by a change in Applicable Law to
provide to Granite a UNE or Combination that is not offered under this
Agreement to Granite as of the Effective Date, the terms, conditions
and prices for such UNE or Combination (including, but not limited to,
the terms and conditions defining the UNE or Combination and stating
when and where the UNE or Combination will be available and how it
will be used, and terms, conditions and prices for pre-ordering,
ordering, provisioning, repair, maintenance and billing) shall be as
provided in an applicable Verizon Tariff, or, in the absence of an
applicable Verizon Tariff, as mutually agreed in writing by the Parties.
Verizon shall not be obligated to provide to Granite, and Granite 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 Granite, 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 Granite. If Verizon terminates its provision of a UNE or a Combination to
Granite Comp_v2.7c.doc
Granite pursuant to this Section 1.5 and Granite elects to purchase other
services offered by Verizon in place of such UNE or Combination, then: (a)
Verizon shall reasonably cooperate with Granite to coordinate the termination of
such UNE or Combination and the installation of such services to minimize the
interruption of service to Customers of Granite; and, (b) Granite shall pay all
applicable charges for such services, including, but not limited to, all applicable
installation charges.
Nothing contained in this Agreement shall be deemed to constitute an agreement
by Verizon that any item identified in this Agreement as a Network Element is (i)
a Network Element under Applicable Law, or (ii) a Network Element Verizon is
required by Applicable Law to provide to Granite on an unbundled basis or in
combination with other Network Elements.
If as the result of Granite Customer actions (Le., Customer Not Ready ("CNR"
)),
Verizon cannot complete requested work activity when a technician has been
dispatched to the Granite Customer premises, Granite will be assessed a non-
recurring charge associated with this visit. This charge will be the sum of the
applicable Service Order charge as provided in the Pricing Attachment and the
Premises Visit Charge as provided in Verizon s applicable retail or wholesale
Tariff.
Verizon s Provision of Network Elements
Subject to the conditions set forth in Section 1 of this Attachment, in accordance with, but
only to the extent required by, Applicable Law, Verizon shall provide Granite access to
the following:
2.4
Loops, as set forth in Section 3 of this Attachment;
Line Sharing, as set forth in Section 4 of this Attachment;
Line Splitting, as set forth in Section 5 of this Attachment;
Sub-Loops, as set forth in Section 6 of this Attachment;
Inside Wire, as set forth in Section 7 of this Attachment;
Dark Fiber, as set forth in Section 8 of this Attachment;
Network Interface Device, as set forth in Section 9 of this Attachment;
Switching Elements, as set forth in Section 10 of this Attachment;
Interoffice Transmission Facilities (IOF), as set forth in Section 11 of this
Attachment;
Signaling Networks and Call-Related Databases, as set forth in Section 12 of this
Attachment;
Operations Support Systems," as set forth in Section 13 of this Attachment; and
Other UNEs in accordance with Section 14 of this Attachment.
Loop Transmission Types
Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall
allow Granite to access Loops unbundled from local switching and local
Granite Comp_v2.7c.doc
transport, in accordance with this Section 3 and the rates and charges provided
in the Pricing Attachment. Verizon shall allow Granite access to Loops in
accordance with, but only to extent required by, Applicable Law. The available
Loop types are as set forth below:
1.4
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 Technical Reference (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. Verizon will not build new facilities.
Wire Analog Voice Grade Loop" or "Analog 4W" provides an
effective 4-wire channel with 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type will operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Verizon TR-72570, as
revised from time-to-time. Verizon will not build new facilities.
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, This Loop
type is more fully described in American National Standards Institute
(ANSI) T1.601-1998 and Verizon TR 72575, as revised from time-to-
time. In some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Verizon will provide loop
extension equipment only upon request. A separate charge will apply
for loop extension equipment. The 2-Wire ISDN Digital Grade Loop is
available only in the former Bell Atlantic Service Areas. In the former
GTE Service Areas only, Granite may order a 2-Wire Digital
Compatible Loop using 2-wire ISDN ordering codes to provide similar
capability. Verizon will not build new facilities.
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 Mbpstoward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in Verizon
TR-72575, as revised from time-to-time. ADSL-Compatible Loops will
be available only where existing copper facilities are available and
meet applicable specifications. Verizon will not build new facilities.
The upstream and downstream ADSL power spectral density masks
and dc line power limits in Verizon TR 72575, as revised from time-to-
time, must be met. The 2-Wire ADSL-Compatible Loop is available
only in the former Bell Atlantic Service Areas. In the former GTE
Service Areas only, Granite may order a 2-Wire Digital Compatible
Loop using 2-wire ADSL ordering codes to provide similar capability.
Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrier serving
area design criteria. This Loop type is more fully described in Verizon
Granite Comp- v2.7c.doc
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Verizon TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, Granite may order a 2-Wire Digital
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capability. Verizon will not build new facilities.
Wire HDSL-Compatible Loop" or "HDSL 4W" consists of two 2-wire
non-loaded , twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in Verizon TR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Verizon TR 72575,
as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. Verizon will not build new
facilities.
Wire IDSL-Compatible Metallic Loop" consists of a single 2-wire
non-loaded , twisted copper pair that meets revised resistance design
criteria. This 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 T1 E1.4 loop spectrum management standard
(T1E1.4/2000-002R3) and are not compatible with 2B10 160 kbps
ISDN transport systems. The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallic Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, Granite may order a 2-
Wire Digital Compatible Loop using ISDN ordering codes to provide
similar capability. IDLC-compatible local loops will be provided only
where facilities are available and can meet applicable specifications.
Verizon will not build new 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 T1 E1.4 loop spectrum management standard
(T1 E1.4/2000-002R3). This 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 CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. The
Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. In the former GTE Service Areas only, Granite
may order a 2-Wire Digital Compatible Loop to provide similar
capability. SDSL-compatible local loops will be provided only where
facilities are available and can meet applicable specifications. Verizon
will not build new 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
Granite Comp_v2.7c.doc
rate of 56 kbps in opposite directions on such Loop simultaneously. A
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 Granite in accordance with, and
subject to, the technical specifications set forth in Verizon TR-72575,
as revised from time-to-time. Verizon will not build new facilities.
DS-1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Verizon TR 72575, as revised from time to time. The DS-
1 Loop includes the electronics necessary to provide the DS-
transmission rate. A DS-1 Loop will be provided only where the
electronics necessary to provide the DS-1 transmission rate are at the
requested installation date currently available for the requested DS-
Loop. Verizon will not install new electronics. If the electronics
necessary to provide Clear Channel (B8ZS) signaling are at the
requested installation date currently available for a requested DS-
Loop, upon request by Granite, the DS-1 Loop will be furnished with
Clear Channel (B8ZS) signaling. Verizon will not install new
electronics to furnish Clear Channel (B8ZS) signaling.
DS-3 Loops" will support the transmission of isochronous bipolar
serial data at a rate of 44.736 Mbps (the equivalent of 28 DS-
channels). This Loop type is more fully described in Verizon TR
72575, as revised from time to time. The DS-3 Loop includes the
electronics necessary to provide the DS-3 transmission rate. A DS-
Loop will be provided only where the electronics necessary to provide
the DS-3 transmission rate are at the requested installation date
currently available for the requested DS-3 Loop. Verizon will not
install new electronics and Verizon will not build new facilities.
In the former Bell Atlantic Service Areas only, "Digital Designed Loops
are comprised of designed loops that meet specific Granite
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:
a 2W Digital Designed Metallic Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a "2W ADSL Compatible Loop
12.
12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop
12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
Granite I D - Comp- v2. 7 c.doc
12.6 a 2 W Digital Designed Metallic Loop with Verizon-placed
ISDN loop extension electronics;
12.7 a 2W SDSL Loop with an option to remove bridged tap; and
12.8 a 2W IDSL Loop of less than 18k ft. with an option to
remove bridged tap;
Verizon shall make Digital Designed Loops available Granite at the
rates as set forth in the Pricing Attachment.
In the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific Granite requirements
for metallic loops over 12k ft. or for conditioning of 2-wire or 4-wire
digital or BRIISDN Loops. "Conditioned Loops" may include requests
for:
a 2W Digital Loop with a total loop length of 12k to 30k ft.,
unloaded, with the option to remove bridged tap (such a
Loop, unloaded, with bridged tap so removed shall be
deemed to be a "2W Digital Compatible Loop
14.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to be a
2W Digital Compatible Loop
1 .14.
1 .14.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an
option to remove bridged tap (such a 2W Loop with bridged
tap so removed shall be deemed to be a "2W Digital
Compatible Loop
14.4 a 2W Digital Loop with Verizon-placed ISDN loop extension
electronics (such a Loop with ISDN loop extension
electronics so placed shall be deemed to be a "2W Digital
Compatible Loop
Verizon shall make Conditioned Loops available to Granite at the rates
as set forth in the Pricing Attachment.
The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
Granite Comp- v2.7c.doc
Granite shall place orders for xDSL Compatible Loops, Digital
Designed and Conditioned 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.
In former Bell Atlantic Service Areas, 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
xDSL Compatible or BRIISDN signals. The results of this survey will
be stored in a mechanized database and made available to Granite as
the process is completed in each Central Office. Granite must utilize
2.4
this mechanized loop qualification database, where available, in
advance of submitting a valid electronic transmittal Service Order for
an xDSL Compatible or BRIISDN Loop. Charges for mechanized
loop qualification information are set forth in the Pricing Attachment.
In former GTE Service Areas , Verizon provides access to mechanized
xDSL loop qualification information to help identify those loops that
meet applicable technical characteristics for compatibility with xDSL
Services that the CLEC may wish to offer to its end user Customers.
Granite must access Verizon s mechanized loop qualification system
through the use of the on-line computer interface at
www.verizon.com/wise in advance of submitting a valid electronic
transmittal Service Order for xDSL service arrangements. The loop
qualification information provided by Verizon gives Granite the ability
to determine loop composition, loop length and may provide other loop
characteristics, when present, that may indicate incompatibility with
xDSL Services such as load coils or Digital Loop Carrier. Information
provided by the mechanized loop qualification system also indicates
whether loop conditioning may be necessary. It is the responsibility of
Granite to evaluate the loop qualification information provided by
Verizon and determine whether a loop meets Granite requirements for
xDSL Service, including determining whether conditioning should be
ordered, prior to submitting an Order.
If the Loop is not listed in the mechanized database described in
Section 3.2 of this Attachment, Granite must request a manual loop
qualification , where such qualification is available, prior to submitting a
valid electronic Service Order for an xDSL Compatible or BRIISDN
Loop. In general, Verizon will complete a manual loop qualification
request within three (3) Business Days, although Verizon may require
additional time due to poor record conditions, spikes in demand, or
other unforeseen events. The manual loop qualification process is
currently available in the former Bell Atlantic Service Areas only.
If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), Granite may request an Engineering Query,
where available, as described in Section 3.7 of this Attachment, to
determine whether the result is due to characteristics of the loop itself
(e.g., specific number and location of bridged taps, the specific
number of load coils, or the gauge of the cable).
Once a Loop has been pre-qualified, Granite will submit a Service
Order pursuant to Section 3.1 of this Attachment if it wishes to obtain
the Loop.
If the Loop is determined to be xDSL Compatible and if the
Loop serving the serving address is usable and available to
be assigned as a xDSL Compatible Loop, Verizon will
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals will
apply.
If the Loop is determined to be xDSL Compatible, but the
Loop serving the service address is unusable or unavailable
to be assigned a~ an xDSL Compatible Loop, Verizon will
search the Customer s serving terminal for a suitable spare
Granite Comp- v2.7c.doc
facility. If an xDSL Compatible Loop is found within the
serving terminal, Verizon will perform a Line and Station
Transfer (or "pair swap ) whereby the Verizon technician will
transfer the Customer s existing service from one existing
Loop facility onto an alternate existing xDSL Compatible
Loop facility serving the same location. Verizon performs
Line and Station Transfers in accordance with the
procedures developed in the DSL Collaborative in the State
of New York, NY PSC Case 00-0127. Standard intervals
do not apply when Verizon performs a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
If Granite submits a Service Order for an xDSL Compatible or BRI
ISDN Loop that has not been prequalified, Verizon will query the
Service Order back to Granite for qualification and will not accept such
Service Order until the Loop has been prequalified on a mechanized
or manual basis. If Granite submits a Service Order for an xDSL
Compatible or BRIISDN Loop that is, in fact, not compatible with the
requested service (e.g. ADSL, HDSL etc.) in its existing condition
Verizon will respond back to Granite with a "Nonqualified" indicator
and 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).
Where Granite has followed the prequalification procedure described
above and has determined that a Loop is not compatible with xDSL
technologies or BRI ISDN service in its existing condition, it may either
request an Engineering Query, where available, to determine whether
conditioning may make the Loop compatible with the applicable
service; or if Granite is already aware of the conditioning required
(e., where Granite has previously requested a qualification and has
obtained loop characteristics), Granite may submit a Service Order for
a Digital Designed Loop. Verizon will undertake to condition or extend
the Loop in accordance with this Section 3.2 of this Attachment upon
receipt of Granite 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 Granite, 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:
Three (3) Business Days will be required following receipt of
Granite s valid, accurate and pre-qualified Service Order for
a Digital Designed or Conditioned Loop to analyze the loop
and related plant records and to create an Engineering
Work Order.
Upon completion of an Engineering Work Order, Verizon
will initiate the construction order to perform the
changes/modifications to the Loop requested by Granite.
Conditioning activities are, in most cases, able to be
accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this interval.
Granite Comp- v2, 7c.doc
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process will be initiated,
subject to Verizon s standard provisioning intervals.
If Granite requires a change in scheduling, it must contact Verizon to
issue a supplement to the original Service Order. If Granite cancels
the request for conditioning after a loop analysis has been completed
but prior to the commencement of construction work, Granite shall
compensate Verizon for an Engineering Work Order charge as set
forth in the Pricing Attachment. If Granite cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, Granite 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.
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 Granite Telephone Exchange Services provisioned over
Analog 2W unbundled Local Loops ("Analog 2W Loops) to be provided
by Verizon to Granite:
1 .4
Granite Comp- v2.7c.doc
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 Granite does
not request a coordinated cutover, Verizon will process
Granite s order as a new installation subject to applicable
standard provisioning intervals.
Granite 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 Granite 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, Granite and Verizon shall mutually agree on
a New Conversion Time, as defined below. Granite 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 Granite the scheduled due date for
conversion of the Analog 2W Loops covered by such LSR.
Granite shall provide dial tone at the Granite Collocation
site at least forty-eight (48) hours prior to the Scheduled
Conversion Time.
Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time
Granite Comp- v2.7c.doc
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 Loop shall differ by at
least eight (8) hours, unless otherwise agreed to by the
Parties.
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:
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 credited upon
request from Granite; and
If Granite requests to reschedule outside the
one (1) hour time frame above, Granite shall be
charged an additional Analog 2W Loops Service
Order Charge for rescheduling the conversion to
the New Conversion Time.
If Granite 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 Granite will reschedule and, upon request from
Granite, Verizon will credit 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 Granite 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.
Conversions involving LNP will be completed according to
North American Numbering Council (NANC) standards, via
the regional Number Portability Administration Center
(NPAC).
If Granite 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.
3.4 Cooperative Testing.
In the former Bell Atlantic Service Areas only, Granite may request Cooperative
Testing in conjunction with its request for an xDSL Compatible Loop or Digital
Designed Loop. "Cooperative Testing" is a procedure whereby a Verizon
technician and a Granite technician jointly verify that an xDSL Compatible Loop
or Digital Designed Loop is properly installed and operational prior to Verizon
completion of the order. Granite may request, at its option , Cooperative Testing
by entering a toll-free (e.g. 800/888/877) number in the Remarks field of the LSR
of an xDSL Compatible or Digital Designed Loop Service Order, and the Verizon
technician will call the toll-free number to perform the Cooperative Test. When
both the Verizon and Granite technicians agree that the Loop test shows that the
Loop is operational, the Granite technician will provide the Verizon technician
with a serial number to acknowledge that the Loop is operational. Charges for
Cooperative Testing are as set forth in the Pricing Attachment.
Verizon shall provide Granite access to its Loops at each of Verizon s Wire
Centers for Loops terminating in that Wire Center. In addition, if Granite 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 Granite. If, however, no spare physical
Loop is available, Verizon shall within three (3) Business Days of Granite
request notify Granite of the lack of available facilities. Upon request and to the
extent required by Applicable Law, Verizon will provide Granite access to the
unbundled Local Loop through the demultiplexing of the integrated digitized
Loop(s). Upon request and to the extent required by Applicable Law, Verizon will
provide Granite access to the unbundled Local Loop 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.
Line Sharing
Line Sharing" is an arrangement by which Verizon facilitates Granite 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 Regulations, 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 Granite, solely for Granite s own use, the
frequency range above the voice band on the same copper Loop required by
Granite to provide such services. This Section 4 addresses line sharing over
loops that are entirely copper loops.
Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall
provide Line Sharing to Granite for Granite 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 Regulations. Verizon shall provide Line Sharing to Granite
in accordance with, but only to the extent required by, Applicable Law. In order
for a Loop to be eligible for Line Sharing, the following conditions must be
satisfied for the duration of the Line Sharing arrangement: (i) the Loop must
consist of a copper loop compatible with an xDSL service that is presumed to be
acceptable for shared-line deployment in accordance with FCC Regulations; (ii)
Granite Comp- v2.7c.doc
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 Granite on that Loop must not significantly
degrade the performance of other services provided on that Loop.
Verizon shall make Line Sharing available to Granite at the rates and charges 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 Regulations); (ii) engineering query charges, engineering
work order charges, or Loop conditioning (Digital Designed or Conditioned Loop)
charges; (iii) charges associated with Collocation activities requested by Granite;
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
4.4.
4.4.
4.4.4
4.4.
To determine whether a Loop qualifies for Line Sharing, the Loop must
first be prequalified to determine if it is xDSL compatible. Granite must
utilize the Loop qualification processes described in the terms
applicable to xDSL Compatible Loops, Digital Designed Loops and
Conditioned Loops to make this determination.
Granite 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.
If the Loop is prequalified by Granite through the Verizon Loop
prequalification tools, and if a positive response is received and
followed by receipt of Granite 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.
In such case, Verizon shall initiate provisioning and installation in
accordance with the terms pertaining to xDSL Compatible Loops
Digital Designed Loops and Conditioned Loops pursuant to Section
5 of this Attachment.
If the Loop requires qualification manually or through an Engineering
Query, three (3) additional Business Days will generally be required to
obtain Loop qualification results before an order confirmation can be
returned following receipt of Granite 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 Granite orders such conditioning, then Verizon shall
Granite Comp- v2.7c.doc
4.4.
4.4.
provide such conditioning in accordance with the terms of this
Agreement pertaining to Digital Designed or Conditioned Loops;
provided , however, that Verizon shall not be obligated to provide Loop
conditioning if Verizon establishes, in the manner required by
Applicable Law, 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 and Conditioned Loops, as referenced
in Section 4.4.5 of this Attachment. The standard provisioning interval
for the Line Sharing arrangement shall be as set out in the Verizon
Product Interval Guide; provided that the standard provisioning interval
for the Line Sharing arrangement shall not exceed the shortest of the
following intervals: (a) six (6) Business Days; (b) the standard
provisioning interval for the Line Sharing arrangement that is stated in
an applicable Verizon Tariff; or, (c) the standard provisioning interval
for the Line Sharing arrangement that is required by Applicable Law, if
any. The standard provisioning interval for the Line Sharing
arrangement shall commence only once any requested engineering
and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer
is performed pursuant to Section 3.2. In no event shall the Line
Sharing interval offered to Granite be longer than the interval offered
to any similarly situated Affiliate of Verizon.
Granite 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 order to minimize provisioning problems and facility issues.
Granite 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, Granite 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,
Granite 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.
4.4.
As described more fully in Verizon Technical Reference 72575, the xDSL
technology used by Granite 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
Granite Comp- v2.7c.doc
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.
Granite s deployment of additional Advanced Services shall be subject to the
applicable FCC Regulations.
Granite 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. Granite is responsible for
providing, through one of the splitter options described below, a splitter at that
Wire Center that complies with ANSI specification T1.413, 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 operates so that the analog voice "dial tone
stays active when the splitter card is removed for testing or maintenance.
Granite 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 Granite and must satisfy the same NEBS requirements that
Verizon imposes on its own splitter equipment or the splitter equipment of any
Verizon Affiliate. Granite 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 Granite submits an order for Line
Sharing.
Splitter Option A (Splitter Option 1): Splitter in Granite
Collocation Area
In this configuration, the Granite-provided splitter (ANSI T1.413 or MVL
compliant) is provided, installed and maintained by Granite in its own Collocation
space within the Customer s serving End Office. The Verizon-provided dial tone
is routed through the splitter in the Granite Collocation area. Any
rearrangements will be the responsibility of Granite.
Splitter Option C (Splitter Option 2): Splitter in Verizon Area
In this configuration, Verizon inventories and maintains a Granite-provided
splitter (ANSI T1.413 or MVL compliant) in Verizon space within the Customer
serving End Office. The splitters will be installed shelf-at-a-time.
In those serving End Offices where Verizon employs the use of a POT Bay for
interconnection of Granite s Collocation arrangement with Verizon s network, 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 the
POT Bay and the splitter. Installation of the splitter will be performed by Verizon
, at Granite s election, by a Verizon-approved vendor designated by Granite.
In those serving End Offices where Verizon does not employ a POT Bay for
Granite Comp- v2. 7c.doc
interconnection of Granite s Collocation arrangement with Verizon s network, the
Granite provided splitter will be installed (mounted) in a relay rack between the
Granite Collocation arrangement and the MDF. The demarcation point is at the
splitter end of the cable connecting the Granite Collocation arrangement and the
splitter. Installation of the splitter will be performed by Verizon, or, at Granite
election, by a Verizon-approved vendor designated by Granite.
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
Granite upon completion of the required work.
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. Granite must submit a new
Collocation application, with the application fee, to Verizon detailing its
request. Except as otherwise required by Applicable Law, standard
Collocation intervals will apply.
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
Granite s 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. Granite must submit the application for
Collocation augment, with the application fee, to Verizon. Unless
longer interval is stated in Verizon s applicable Tariff, an interval of
seventy-six (76) Business Days shall apply.
Granite will have the following options for testing shared Loops:
In serving End Offices where Verizon employs a POT Bay for
interconnection of Granite Collocation arrangement with Verizon
network, the following options shall be available to Granite.
Granite I D - Comp- v2. 7 c.doc
Under Splitter Option A, Granite may conduct its own
physical tests of the shared Loop from Granite s Collocation
area. If it chooses to do so, Granite may supply and install
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 ML T test. Specifically, the
Granite-provided test equipment may not interrupt an in-in-
progress voice connection and must automatically restore
any circuits tested in intervals comparable to ML T. This
optional Granite-provided test head will be installed in
Granite s Collocation area 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 C , upon request by Granite, either
Verizon or, at Granite s election, a Verizon-approved vendor
selected by Granite will install a Granite-provided test head
to enable Granite to conduct remote physical tests of the
shared Loop. This optional Granite-provided test head will
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 Granite-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 Granite-provided
test equipment may not interrupt an in-progress voice
connection and must automatically restore any circuits
tested in intervals comparable to ML T. Verizon will
inventory, control and maintain the Granite-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 Granite during normal trouble
isolation procedures in accordance with reasonable
procedures.
1.4 Under either Splitter Option , upon request by Granite,
Verizon will make ML T access available to Granite via
RET AS after the Service Order has been completed.
Granite will utilize the circuit number to initiate a test.
Where Verizon has deployed Wideband Test equipment
(i.e., Verizon-East), under either Splitter Option, upon
request by Granite, Verizon shall perform a Wideband Test
to diagnose troubles and provide Granite with the test
results during the trouble shooting process. Charges for
Wideband Testing are as set forth in the Pricing
Attachment.
In those serving End Offices where Verizon has not employed a POT
Bay for interconnection of Granite s Collocation arrangement with
Verizon s network, Granite will not be permitted to supply its own test
head. Instead, Verizon will make a testing system available to Granite
through use of the on-line computer interface test system at
www.verizon.com/wise.
The Parties will continue to work cooperatively on testing procedures.
To this end, in situations where Granite 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 Granite 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 Granite should reasonably have been able
to isolate and diagnose through one of the testing options available to
Granite above. The Parties will mutually agree upon the specific
procedures for conducting joint meet tests.
Granite I D Comp- v2.7c.doc
8.4 Verizon and Granite each have a responsibility to educate the
Customer regarding which service provider should be called for
problems with their respective 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 premises and the point of demarcation in the Central
Office. Granite will be responsible for repairing services it offers over
the Line Sharing arrangement. Each Party will be responsible for
maintaining its own equipment. If a splitter or test head that Granite
has provided to Verizon malfunctions, Granite shall provide a
replacement splitter or test head to Verizon. Before either Party
initiates any activity on a shared Loop that may cause a disruption of
the 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 Granite 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 Granite s Advanced Services. Verizon will not repair
any CPE provided by Granite. Before a trouble ticket is issued to
Verizon, Granite shall validate whether the Customer is experiencing a
trouble that arises from Granite s 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
Granite s equipment, splitter problems, or Granite s activities, Verizon
will:
Notify Granite and request that Granite immediately test the
trouble on Granite s service.
If the Customer s Voice Grade service is so degraded that
the Customer cannot originate or receive Voice Grade calls
and Granite 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 Granite s service. Where the Customer
Voice Grade service is degraded by Granite s particular
technology deployment, Verizon will, to the extent required
by Applicable Law, establish before the Commission that
Granite s particular technology deployment is causing the
significant degradation and, upon Verizon having done so,
Granite will discontinue deployment (or use) of that
technology and will migrate its Customers to technologies
that will not significantly degrade the performance of other
such services.
Upon completion of the steps in Sections 4.1 and
2 of this Attachment, Verizon may temporarily remove
the Granite-provided splitter from the Customer s Loop and
Granite I D - Comp- v2. 7 c.doc
switch port if Verizon determines in good faith that the
cause of the voice interruption is Granite s service.
6.4 Upon notification from Granite that the malfunction in
Granite s service has been cleared, Verizon will restore
Granite s service by restoring the splitter on the Customer
Loop.
Upon completion of the above steps, Granite will be
charged a Trouble Isolation Charge (TIC) to recover
Verizon s costs of isolating and temporarily removing the
malfunctioning Granite service from the Customer s line if
the cause of the voice interruption was Granite s service.
Verizon shall not be liable to Granite, the Customer, or any
other person, for damages of any kind for disruptions to
Granite s service that are the result of the above steps
taken in good faith to restore the end user s voice-grade
POTS service, and Granite 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 supporting
Verizon OSS to order and combine in a Line Splitting configuration an unbundled xDSL
Compatible 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 Network Elements
utilized in the pre-existing platform arrangement, or seeking to migrate a Line Sharing
arrangement to a Line Splitting configuration using the existing Loop, a Verizon Local
Switching Network Element, and the existing central office wiring configuration, 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 PSC Case 00-0127, allowing for local jurisdictional and OSS
differences.
Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Granite, Verizon shall allow Granite to access Sub-Loops unbundled from local switching
and transport, in accordance with the terms of this Section 6 and the rates and charges
set forth in the Pricing Attachment. Verizon shall allow Granite access to Sub-Loops in
accordance with, but only to the extent required by, Applicable Law. The available Sub-
Loop types are as set forth below.
Unbundled Sub-Loop Arrangement- Distribution (USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Granite, Verizon shall provide Granite with access to a Sub-Loop
Distribution Facility in accordance with, and subject to, the terms and provisions
Granite Comp- v2.7c.doc
of this Section 6.1 , the rates set forth in the Pricing Attachment, and the rates,
terms and conditions set forth in Verizon s applicable Tariffs. Verizon shall
provide Granite with access to a Sub-Loop Distribution Facility in accordance
with , but only to the extent required by, Applicable Law.
1.4
Granite may request that Verizon reactivate (if available) an unused
drop and NID or provide Granite with access to a drop and NID that, at
the time of Granite s request, Verizon is using to provide service to the
Customer (as such term is hereinafter defined).
Granite may obtain access to a Sub-Loop Distribution Facility only at
an FDI , through any method required by Applicable Law, in addition to
existing methods such as from a Telecommunications outside plant
interconnection cabinet (TOPIC) or, if Granite is collocated at a remote
terminal equipment enclosure and the FDI for such Sub-Loop
Distribution Facility is located in such enclosure, from the Collocation
arrangement of Granite at such terminal. If Granite obtains access to
a Sub-Loop Distribution Facility from a TOPIC, Granite shall install a
TOPIC on an easement or Right of Way obtained by Granite within
100 feet of the Verizon FDI to which such Sub-Loop Distribution
Facility 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 a Granite 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 Granite for any of Granite
electronics in the TOPIC. Granite 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.
Granite may request from Verizon by submitting a loop make-up
engineering query to Verizon, and Verizon shall provide to Granite, the
following information regarding a Sub-Loop Distribution Facility that
serves an identified Customer: the Sub-Loop Distribution Facility
length and gauge; whether the 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 from a TOPIC,
Granite must first request that Verizon connect the Verizon FDI to
which the Sub-Loop Distribution Facility is connected to a Granite
TOPIC. To make such a request, Granite must submit to Verizon an
application (a "Sub-Loop Distribution Facility Interconnection
Application ) that identifies the FDI at which Granite 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
supporting structure. A Sub-Loop Distribution Facility Interconnection
Application shall also include a five-year forecast of Granite s demand
for access to Sub-Loop Distribution Facilities at the requested FDI.
Granite must submit the application fee set forth in the Pricing
Attachment attached hereto and Verizon s applicable Tariffs (a "Sub-
Loop Distribution Facility Application Fee ) with Sub-Loop Distribution
Granite Comp- v2.7c.doc
Facility Interconnection Application. Granite must submit Sub-Loop
Interconnection Applications to:
Granite 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 Granite a
work order that describes the work that Verizon must perform to
provide such access (a "Sub-Loop Distribution Facility Work Order")
and a statement of the cost of such work (a "Sub-Loop Distribution
Facility Interconnection Cost Statement"
Granite 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 Granite 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 Granite breaches its payment obligation under this
Section. Upon Verizon 's completion of the work that Verizon must
perform to provide Granite with access to a Sub-Loop Distribution
Facility, Verizon shall bill Granite , and Granite 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 a Granite TOPIC and Granite has paid the full cost of such
installation , Granite can request the connection of Verizon Sub-Loop
Distribution Facilities to the Granite TOPIC. At the same time, Granite
shall advise Verizon of the services that Granite 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. Granite shall run any crosswires within the TOPIC.
If Granite requests that Verizon reactivate an unused drop and NID
then Granite shall provide dial tone (or its DSL equivalent) on the
Granite 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 Granite dial tone or equivalent from the
TOPIC. If Granite requests that Verizon provide Granite with access to
a Sub-Loop Distribution Facility that, at the time of Granite s request,
Verizon is using to provide service to a Customer, then, after Granite
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, Granite shall disconnect Verizon s dial
tone, crosswire its dial tone to the Sub-Loop Distribution Facility and
submit Granite 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
Granite Comp_v2.7c.doc
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 Granite 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 Granite and subject to the time and material rates set
forth in Pricing Attachment and the rates, terms and conditions of
Verizon s applicable Tariffs. Granite 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) 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 Verizon Sub-Loop Distribution Facility
facilities or equipment in whole or in part, Granite 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
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 Veri?:on company premises ("dispatch in ), the charges set
forth in Pricing Attachment and Verizon s applicable Tariffs 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"), the charges
set forth in Pricing Attachment and Verizon s applicable Tariffs will be
assessed per occurrence to Granite by Verizon.
Unbundled Feeder Sub-Loop - Element (UFSE).
Subject to the conditions set forth in Section 1 of this Attachment and
upon request by Granite, Verizon shall provide Granite with access to
a Sub-Loop Feeder Facility 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.
Granite may obtain access to a Sub-Loop Feeder Facility through any
method required by Applicable Law, in addition to existing methods
such as from a Granite Collocation arrangement in the Verizon End
Office where such Sub-Loop Feeder Facility originates, in which case
Verizon shall terminate a Sub-Loop Feeder Facility in an RTEE that
subtends such End Office only if Granite has a Collocation
arrangement in such RTEE. Upon Granite s request, Verizon will
connect a Sub-Loop Feeder Facility to a Granite Collocation
arrangement in the Verizon End Office where the Sub-Loop Feeder
Facility originates and to either a Granite 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 FDI that subtends the End
Office and that Granite has established in accordance with, and
subject to the terms and provisions of, an agreement between Verizon
and Granite that governs the establishment of such TOPIC. Verizon
Granite Comp- v2.7c.doc
2.4
shall connect a Sub-Loop Feeder Facility to the point of termination
bay of a Granite Collocation arrangement in a Verizon Central Office
or to a Granite TOPIC, by installing appropriate cross connections and
Verizon shall be solely responsible for installing such cross
connections. Granite may obtain access to a Sub-Loop Feeder
Facility between an End Office and an RTEE or an FDI only if DS1 or
DS3-capable transmission facilities are available and not in use
between such office and RTEE or FDI.
Granite shall run any crosswires within a Granite physical Collocation
arrangement and a Granite TOPIC and Granite will have sale
responsibility for identifying to Verizon where a Sub-Loop Feeder
Facility should be connected to a Granite Collocation arrangement.
Granite shall be solely responsible for providing power and space for
any cross connects and other equipment that Verizon installs in a
TOPIC, and Granite shall not bill Verizon, and Verizon shall not pay
Granite, for providing such power and space.
Verizon shall not be obligated to provide to Granite any multiplexing at
an RTEE or at a TOPIC. If Granite requests access to a Sub-Loop
Feeder Facility and a Sub-Loop Distribution Facility that are already
combined, such combination shall be deemed to be a loop and
Verizon shall provide such loop to Granite 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 Granite with access to Sub-Loop Feeder Facility
in accordance with negotiated intervals.
Verizon shall repair and maintain a Sub-Loop Feeder Facility at the
request of Granite 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. Granite may not rearrange, disconnect,
remove or attempt to repair or maintain any Verizon equipment or
facilities without the prior written consent of Verizon. Granite accepts
responsibility for initial trouble isolation for Sub-Loop Feeder Facilities
and providing Verizon with appropriate dispatch information based on
its test results. If (a) Granite reports to Verizon a trouble, (b) Granite
requests a dispatch, (c) Verizon dispatches a technician, and (d) such
trouble was not caused by Sub-Loop Feeder Facilities or equipment in
whole or in part, then Granite shall pay Verizon the charges set forth in
Pricing Attachment and Verizon s applicable Tariffs for time associated
with said dispatch. In addition, these charges also apply when a
Granite 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 ), the charges set forth in Pricing Attachment
and Verizon s applicable Tariffs 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"), the charges set forth in Pricing Attachment
and Verizon s applicable Tariffs will be assessed per occurrence to
Granite by Verizon.
Collocation in Remote Terminals.
To the extent required by Applicable Law, Verizon shall allow Granite to collocate
Granite Comp- v2.7c.doc 100
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 and the Pricing Attachment.
Inside Wire
House and Riser.
Dark Fiber
(This Section Intentionally Left Blank).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Granite, Verizon shall provide Granite with access to unbundled Dark
Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF 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. 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. Dark Fiber Loops, Dark Fiber
Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities
without attached multiplexers, aggregation or other electronics. To the extent
Verizon s Dark Fiber Loops , Dark Fiber Sub-Loops and Dark Fiber IOF contain
any lightwave repeaters (e., regenerators or optical amplifiers) installed
thereon, Verizon shall not remove the same. Except as otherwise required by
Applicable Law, the following terms and conditions apply to Verizon s Dark Fiber
offerings.
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 Granite
Collocation arrangement located in that same Verizon Central Office
and the other end terminates at Verizon s accessible terminal located
in Verizon s main termination point in the Customer premises in the
same serving wire center. 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 Granite 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
Granite s Collocation arrangement or adjacent structure, or (2) one
end of the Dark Fiber Sub-Loop terminates at Verizon s accessible
terminal located at Verizon s main termination point located within the
Customer premises and the other end terminates at Verizon
accessible terminal at a Verizon remote terminal equipment enclosure
that can be cross-connected to Granite s 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
Granite s Collocation arrangement or adjacent structure and the other
Granite Comp_v2.7c.doc 101
end terminates at Verizon s accessible terminal at another Verizon
remote terminal equipment enclosure that can be cross-connected to
Granite s Collocation arrangement or adjacent structure. A Granite
demarcation point at a Customer premises shall be established in the
main telco room of the Customer premises 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. A Granite demarcation point at a Customer premises shall be
established at a location that is no more than thirty (30) feet from
Verizon s 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 Granite demarcation point by installing
a fiber jumper no greater than thirty (30) feet in length.
Granite 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
Granite 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 to Granite unless such Dark Fiber Loops,
Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an
existing Verizon accessible terminal. 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 Granite.
Except if and, to the extent required by, Applicable Law, Verizon will
not perform splicing (e.g., introduce additional splice points or open
existing splice points or cases) to accommodate Granite s request.
Verizon shall perform all work necessary to install (1) a cross connect
or a fiber jumper from a Verizon accessible terminal to a Granite
Collocation arrangement or (2) from a Verizon accessible terminal to
Granite s demarcation point at a Customer premises or Granite
Central Office.
A "Dark Fiber Inquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of Granite s completed Dark Fiber Inquiry Form
Verizon will initiate a review of its cable records to determine whether
Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) 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 Granite s Dark Fiber Inquiry Form, indicating whether Dark Fiber
Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available
(if so available, an "Acknowledgement") 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 Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF.
Where a direct Dark Fiber IOF route is not available, Verizon will
provide, where available, Dark Fiber IOF via a reasonable indirect
route that passes through intermediate Verizon Central Offices at the
rates set forth in the Pricing Attachment. Verizon reserves the right to
limit the number of intermediate Verizon Central Offices on an indirect
route consistent with limitations in Verizon s network design and/or
Granite Comp_v2.7c.doc 102
prevailing industry practices for optical transmission applications. Any
limitations on the number of intermediate Verizon Central Offices will
be discussed with Granite. If access to Dark Fiber IOF is not
available, Verizon will notify Granite, within fifteen (15) Business Days,
that no spare Dark Fiber IOF is available over the direct route nor any
reasonable alternate indirect route, except that for voluminous
requests or large, complex projects, Verizon reserves the right to
negotiate a different interval. Where no available route was found
during the record review, Verizon will identify the first blocked segment
on each alternate indirect route and which segment(s) in the alternate
indirect route are available prior to encountering a blockage on that
route, at the rates set forth in the Pricing Attachment.
5.4
Granite Comp_v2.7c.doc
Granite shall indicate on the Dark Fiber Inquiry Form
whether the available Dark Fiber should be reserved , at the
rates set forth in the Pricing Attachment, pending receipt of
an order for the Dark Fiber.
Upon request from Granite as indicated on the Dark Fiber
Inquiry Form , Verizon shall hold such requested Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for Granite
use for ten (10) Business Days from Granite s receipt of
Acknowledgement and may not allow any other party
(including Verizon) to use such fiber during that time period. .
Granite shall submit an order for the reserved Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF as soon as
possible using the standard ordering process or parallel
provisioning process as described in Section 8.5. The
standard ordering process shall be used when Granite does
not have additional requirements for Collocation. The
parallel provisioning process shall be used when Granite
requires new Collocation facilities or changes to existing
Collocation arrangements.
If no order is received from Granite for the reserved Dark
Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF within
ten (10) Business Days from Granite s receipt of
Acknowledgement, Verizon shall return to spare the
reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Dark
Fiber IOF that Verizon previously notified Granite are
available. Should Granite submit an order to Verizon after
the ten (10) Business Day reservation period for access to a
Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF
that Verizon has previously notified Granite was available,
Granite assumes all risk that such Dark Fiber Loop, Dark
Fiber Sub-Loop or Dark Fiber IOF will no longer be
available.
Upon Granite s request, the Parties will conduct parallel
provisioning of Collocation and Dark Fiber Loop, Dark Fiber
Sub-Loop or Dark Fiber IOF in accordance with the
following terms and conditions:
Granite will use existing interfaces and Verizon
current applications and order forms to request
103
Granite I D Comp- v2.7c.doc
Collocation and Dark Fiber Loop, Dark Fiber
Sub-Loop or Dark Fiber IOF.
Verizon will parallel process Granite s requests
for Collocation, including augments, and Dark
Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber
IOF.
Before Granite submits a request for parallel
provisioning of Collocation and Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF, Granite
will:
submit a Dark Fiber Inquiry Form
and receive an Acknowledgement
from Verizon; and
5.4
submit a Collocation application
for the Verizon Central Office(s)
where the Dark Fiber Loop, Dark
Fiber Sub-Loop or Dark Fiber IOF
terminates and receive
confirmation from Verizon that
Granite s Collocation application
has been accepted.
Granite will prepare requests for parallel
provisioning of Collocation and Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF in the
manner and form reasonably specified by
Verizon.
If Verizon rejects Granite s Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF request
Granite may cancel its Collocation application
within five (5) Business Days of such rejection
and receive a refund of the Collocation
application fee paid by Granite, less the costs
Verizon incurred to date.
If Verizon accepts Granite s Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF request,
Verizon will parallel provision the Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to
a temporary location in Verizon s Central
Office(s). Verizon will charge and Granite will
pay for parallel provisioning of such Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at
the rates specified in the Pricing Attachment
beginning on the date that Verizon accepts each
Dark Fiber Loop, Dark Fiber Sub-Loop or Dark
Fiber IOF request.
Within ten (10) days after Verizon completes a
Granite Collocation application, Granite shall
submit a Dark Fiber change request to
reposition Dark Fiber Loop, Dark Fiber Sub-
104
Granite Comp_v2.7c.doc
Loop or Dark Fiber IOF from the temporary
location in that Verizon Central Office(s) to the
permanent location at Granite s Collocation
arrangement in such Verizon Central Office(s).
Granite will prepare such request(s) in the
manner and form specified by Verizon.
If Granite cancels its Collocation application
Granite must also submit a cancellation for the
unbundled Dark Fiber Loop, Dark Fiber Sub-
Loop or Dark Fiber IOF provisioned to the
temporary location in the Verizon Central
Office(s).
Granite 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.
Where a Collocation arrangement can be accomplished in a Verizon
premises, access to Dark Fiber Loops, Dark Fiber Sub-Loops and
Dark Fiber IOF that terminate in a Verizon premises must be
accomplished via a Collocation arrangement in that Verizon premises.
In circumstances where a Collocation arrangement cannot be
accomplished in a Verizon 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 Granite in the condition that it is available in Verizon
network at the time that Granite 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 Granite 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 Granite
as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.
Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Verizon s lit fiber optic systems will not
be offered to Granite as Dark Fiber Loops , Dark Fiber Sub-Loops or
Dark Fiber IOF.
Granite shall be responsible for providing all transmission, terminating
and lightwave repeater equipment necessary to light and use Dark
Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF.
Granite 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
Granite for use for Special or Switched Exchange Access Services
Granite 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 may, upon a
showing of need to the Commission, limit Granite to leasing up to a
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Granite I D Comp_v2. 7c.doc
maximum of twenty-five percent (25%) of the Fiber Loops, Fiber Sub-
Loops or 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 Granite upon a showing of need to the
Commission and twelve (12) months' advance written notice
to Granite; and
Verizon reserves and shall not waive, Verizon s right to
claim before the Commission that Verizon should not have
to fulfill a Granite 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
Granite, or impair Verizon s ability to meet a legal obligation.
Except as expressly set forth in this Agreement, Granite may not
reserve Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.
14.
Granite 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
Granite; (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)
except as set forth with respect to the parallel provisioning process
addressed above , Granite s Collocation arrangements with any proper
optical cross connects or other equipment that Granite needs to
access Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF
before it submits an order for such access. Granite 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 a Dark Fiber Loop, Dark Fiber Sub-
Loop or Dark Fiber IOF, on or before the date that Granite places an
order for the applicable Dark Fiber Loop, Dark Fiber Sub-Loop or Dark
Fiber IOF, and that it shall maintain the same going forward.
Granite 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
characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark
Fiber IOF have changed.
Granite 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 Granite,
106
Granite may request the following, which shall be provided on a time
and materials basis (as set forth in the Pricing Attachment):
19.
19.
Network Interface Device
A fiber layout map that shows the streets within a Verizon
Wire Center where there are existing Verizon fiber cable
sheaths. Verizon shall provide such maps to Granite
subject to the agreement of Granite, in writing, to treat the
maps as confidential and to use them for preliminary design
purposes only. Granite acknowledges that fiber layout
maps do not show whether or not spare Dark Fiber Loops,
Dark Fiber Sub-Loops, or Dark Fiber IOF are available.
Verizon shall provide fiber layout maps to Granite subject to
a negotiated interval.
A field survey that shows the availability of Dark Fiber
Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF between
two or more Verizon Central Offices, a Verizon Central
Office and a Granite Central Office or a Verizon End Office
and the premises of a Customer, shows whether or not
such Dark Fiber Loop(s), Dark Fiber Sub-Loop(s), or Dark
Fiber IOF are defective, shows whether or not such Dark
Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF
have been used by Verizon for emergency restoration
activity and tests the transmission characteristics of
Verizon s Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or
Dark Fiber IOF. If a field survey shows that a Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF is available
Granite may reserve the Dark Fiber Loop, Dark Fiber Sub-
Loop or Dark Fiber IOF, as applicable, for ten (10) Business
Days from receipt of Verizon s field survey results. If
Granite submits an order for access to such Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF after passage
of the foregoing ten (10) Business Day reservation period
Verizon does not guarantee or warrant the Dark Fiber Loop,
Dark Fiber Sub-Loop or Dark Fiber IOF will be available
when Verizon receives such order, and Granite assumes all
risk that the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark
Fiber IOF will not be available, Verizon shall perform a field
survey subject to a negotiated interval. If a Granite submits
an order for a Dark Fiber Loop, Dark Fiber Sub-Loop or
Dark Fiber IOF without first obtaining the results of a field
survey of such Dark Fiber Loop, Dark Fiber Sub-Loop or
Dark Fiber IOF, Granite assumes all risk that the Dark Fiber
Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will not be
compatible with Granite s equipment, including, but not
limited to, order cancellation charges.
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Granite, Verizon shall permit Granite to connect a Granite Loop to the
Inside Wiring of a Customer s premises through the use of a Verizon NID in
accordance with this Section 9 and the rates and charges provided in the Pricing
Attachment. Verizon shall provide Granite with access to NIDs in accordance
with, but only to the extent required by, Applicable Law. Granite may access a
Verizon NID either by means of a connection (but only if the use of such
Granite I D Comp- v2.7c.doc 107
9.4
connection is technically feasible) from an adjoining Granite NID deployed by
Granite or, if an entrance module is available in the Verizon NID, by connecting a
Granite Loop to the Verizon NID. 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 Granite access, remove, disconnect or in any other way
rearrange Verizon s Loop facilities from Verizon s NIDs, enclosures, or
protectors.
In no case shall Granite access, remove, disconnect or in any other way
rearrange, a Customer s Inside Wiring from Verizon s NIDs, enclosures, or
protectors where such Customer Inside Wiring is used in the provision of ongoing
Telecommunications Service to that Customer.
In no case shall Granite remove or disconnect ground wires from Verizon s NIDs,
enclosures, or protectors.
In no case shall Granite 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 Wiring must be resolved by the person who controls use of the wiring
(e., the Customer).
When Granite is connecting a Granite-provided Loop to the Inside Wiring of a
Customer s premises through the Customer s side of the Verizon NID, Granite
does not need to submit a request to Verizon and Verizon shall not charge
Granite for access to the Verizon NID. In such instances, Granite shall comply
with the provisions of Sections 9.2 through 9.7 of this Attachment and shall
access the Customer s Inside Wire in the manner set forth in Section 9.8 of this
Attachment.
Due to the wide variety of NIDs utilized by Verizon (based on Customer size and
environmental considerations), Granite may access the Customer s Inside
Wiring, acting as the agent of the Customer by any of the following means:
Where an adequate length of Inside Wiring is present and
environmental conditions permit, Granite may remove the Inside
Wiring from the Customer s side of the Verizon NID and connect that
Inside Wiring to Granite s NID.
Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, Granite may enter the
Customer side of the Verizon NID enclosure for the purpose of
removing the Inside Wiring from the terminals of Verizon s NID and
connecting a connectorized or spliced jumper wire from a suitable
punch out" hole of such NID enclosure to the Inside Wiring 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.
Granite may request Verizon to make other rearrangements to the
Inside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting party (i.e. Granite
Granite Comp_v2.7c.doc 108
its agent, the building owner or the Customer). If Granite accesses the
Customer s Inside Wiring as described in this Section 9., time and
materials charges will be billed to the requesting party (i.e. Granite, its
agent, the building owner or the Customer).
10.
Unbundled Switching Elements10.
Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall
make available to Granite the local switching element and Tandem switching
element unbundled from transport, local Loop transmission, or other services, in
accordance with this Section 10 and the rates and charges provided in the
Pricing Attachment. Verizon shall provide Granite with access to the local
switching element and the Tandem switching element in accordance with , but
only to the extent required by, Applicable Law.
Local Switching.10.
10.
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 in
accordance with Section 8 of the Additional Services Attachment.
Granite 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. Granite may
submit a Bona Fide Request in accordance with Section 14.3 of this
Attachment 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
Granite 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 a UNE or in
combination with other UNEs), Granite shall complete the NDR process. As part
of the NDR process , Granite shall request standardized or customized routing of
its Customer traffic in conjunction with the provision of unbundled Local
Switching.
If Granite selects customized routing, Granite shall define the routing plan and
Verizon shall implement such plan , subject to technical feasibility constraints.
Granite I D - Comp- v2. 7 c.doc 109
10.4
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.
11.
Unbundled Interoffice Facilities11.
Subject to the conditions set forth in Section 1 of this Attachment, where facilities
are available, at Granite s request, Verizon shall provide Granite with interoffice
facilities (IOF) unbundled from other Network Elements at the rates set forth in
the Pricing Attachment; provided, however, that Verizon shall offer unbundled
shared IOF only to the extent that Granite also purchases unbundled Local
Switching capability from Verizon in accordance with Section 10 of this
Attachment. Verizon shall provide Granite with such IOF in accordance with , but
only to the extent required by, Applicable Law. Verizon will not install new
electronics, and Verizon will not build new facilities.
If and, to the extent that, Granite has purchased (or purchases) transport from
Verizon under a Verizon tariff or otherwise, and Granite has a right under
Applicable Law to convert (and wishes to convert) such transport to unbundled
IOF under this Agreement, it shall give Verizon written notice of such request
(including, without limitation, through submission of ASRs if Verizon so requests)
and provide to Verizon all information (including, without limitation, a listing of the
specific circuits in question) that Verizon reasonably requires to effectuate such
conversion. In the case of any such conversion, Granite shall pay any and all
conversion charges (e., non-recurring charges), as well as any and all
termination liabilities, minimum service period charges and like charges in
accordance with Verizon s applicable tariffs.
Signaling Networks and Call-Related Databases
11.
12.
12.
12.
12.
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Granite, Verizon shall provide Granite with access to databases and
associated signaling necessary for call routing and completion by providing SS7
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, in accordance with this Section 12 and the rates
and charges provided in the Pricing Attachment. Such access shall be provided
by Verizon in accordance with , but only to the extent required by, Applicable Law.
Granite shall provide Verizon with CCS Interconnection required for call routing
and completion, and the billing of calls which involve Granite s Customers, at
non-discriminatory rates (subject to the provisions of the Pricing Attachment),
terms and conditions, provided further that if the Granite information Verizon
requires to provide such call-related functionality is resident in a database,
Granite will provide Verizon with the access and authorization to query Granite
information in the databases within which it is stored.
Alternatively, either Party ("Purchasing Party") may secure CCS Interconnection
from a commercial SS7 hub provider (third party signaling provider) to transport
signaling 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
Granite I D - Comp- v2. 7 c.doc 110
12.4
12.
12.
12.
12.
12.
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
Granite 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 Granite.
Regardless of the manner in which Granite obtains CCS Interconnection, Granite
shall comply with Verizon s SS7 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 , Toll 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/OZZ codes.
Where CCS Signaling is not available, in-band multi-frequency ("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 Granite signaling systems to the public
Internet Protocol network may expose Granite and Verizon signaling systems
and information to interference by third parties. Granite 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. Granite shall take commercially reasonable efforts to
protect its signaling systems and Verizon s signaling systems from interference
by unauthorized persons.
Each Party shall provide trunk groups, where available and upon reasonable
request, that are configured utilizing the B8ZS 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-905-CORE, Issue 1 , March
1995, and subsequent issues and amendments; and
12.10.Where applicable, Verizon Supplement Common Channel Signaling
Network Interface Specification (Verizon-905).
Granite - Comp- v2.7c.doc 111
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 Granite in accordance with the
Pricing Attachment and the terms and conditions in applicable Tariffs. Granite
shall charge Verizon rates equal to the rates Verizon charges Granite, unless
Granite s Tariffs for CCS signaling provide for lower generally available rates, in
which case Granite shall charge Verizon 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.
13.
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attachment, Verizon shall provide Granite with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billing. Verizon shall provide Granite with such access in accordance
with, but only to the extent required by, Applicable Law. All such transactions shall be
submitted by Granite through such electronic interfaces.
14.
Availability of Other Network Elements on an Unbundled Basis14.
Any request by Granite 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., of this Attachment. Granite shall provide Verizon
access to its Network Elements as mutually agreed by the Parties or as required
by Applicable Law.
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.
14.
14.
Network Element Bona Fide Request (BFR).
14.
14.
14.3.4
14.
Granite Comp_v2.7c.doc
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.
A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
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 andlor 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.
Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Party
112
14.
14.
14.
14.
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.
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
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.
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.
15.Maintenance of Network Elements
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 Verizon
facilities or equipment in whole or in part, then Granite 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 Granite is not available
at the appointed time. Granite accepts responsibility for initial trouble isolation and
providing Verizon with appropriate dispatch information based on its test results. 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 Pricing Attachment
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 Pricing Attachment will be
assessed per occurrence to Granite by Verizon. Verizon agrees to respond to Granite
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.
Granite I D - Comp- v2. 7 c.doc 113
16.Combinations
16.Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall
be obligated to provide 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 Granite, 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.
17.Rates and Charges
The rates and charges for UNEs, Combinations and other services, facilities and
arrangements, offered under this Attachment shall be as provided in this Attachment and
the Pricing Attachment.
18.Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a service or arrangement offered under this Attachment
Verizon reserves the right to negotiate in good faith with Granite reasonable terms and
conditions (including, without limitation , rates and implementation timeframes) for such
service or arrangement; and, if the Parties cannot agree to such terms and conditions
(including, without limitation, rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
Granite Comp_v2.7c.doc 114
COLLOCATION ATTACHMENT
Verizon s Provision of Collocation
Verizon shall provide to Granite, in accordance with this Agreement (including, but not
limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law
Collocation for the purpose of facilitating Granite s interconnection with facilities or
services of Verizon or access to Unbundled Network Elements of Verizon; provided, that
notwithstanding any other provision of this Agreement, Verizon shall be obligated to
provide Collocation to Granite only to the extent required by Applicable Law and may
decline to provide Collocation to Granite to the extent that provision of Collocation is not
required by Applicable Law.
Because the Commission rejected Verizon s Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29, 2000, Verizon shall provide Collocation according to the
following terms and conditions in the State of Idaho on an interim basis only until such
time as the Commission s decision is reversed and Verizon s Collocation Tariff Advice
No. 00-05 is permitted to go into effect or until such time as Verizon files another
Collocation Tariff in Idaho. At such time as the Commission s decision is reversed and
Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Verizon Collocation tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions will be rendered ineffectual, and Verizon
shall provide Collocation to Granite in accordance with the terms and conditions set forth
in Verizon s Collocation tariff, and Verizon shall do so regardless of whether or not such
terms and conditions are effective.
Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest of
this Agreement, set forth the terms and a conditions under which Verizon shall provide
Collocation services to Granite. Collocation provides for access to Verizon s "Premises
for the purpose of interconnection and/or access to Unbundled Network Elements
(UNEs). Verizon s Premises include Verizon s central offices , serving Wire Centers, and
all other buildings or similar structures owned , leased, or otherwise controlled by Verizon
that house Verizon s network facilities. Collocation at Verizon s Wire Centers and access
tandems shall be accomplished through caged, cageless, virtual or microwave service
offerings, as described below, except if not practical for technical reasons or due to space
limitations. In such event, Verizon shall provide adjacent Collocation or other methods of
Collocation, subject to space availability and technical feasibility. As required by
Applicable Law, Verizon shall also offer rates, terms and conditions for Collocation
services that are not expressly addressed in this Attachment or other Verizon tariffs on an
individual case basis, and in doing so, shall comply with all applicable federal or state
requirements.
Types of Collocation.
Sinqle CaQed . A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caged floor space to
house its equipment within Verizon Premises.
Shared CaQed.A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more CLECs within Verizon Premises. When two or more
CLECs request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating CLECs must agree to be the host CLEC (HC)
Granite Comp- v2.7c.doc 115
1.4
and the other(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Verizon for the
exchange of traffic with Verizon and/or to access unbundled network
elements. Verizon will not issue separate billing for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Verizon will provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC will be responsible for ordering their own
unbundled network elements from Verizon. Verizon will separately bill
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s) are Verizon s customers and have all the rights and
obligations applicable hereunder to CLECs purchasing Collocation-
related services , including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s) All terms and conditions for
caged Collocation as described in this Attachment will apply to shared
caged Collocation requirements.
Subleased Caqed. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third party(s) for
the purpose of interconnection and/or for access to UNEs in Verizon
Premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third party(s) pursuant to terms and
conditions agreed to by the CLEC and the third party(s) involved. The
CLEC and third party(s) must each be interconnected to Verizon for
the exchange of traffic with Verizon and/or to access unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
, upon what terms and conditions. Verizon will not issue separate
billing for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
party(s). The CLEC will be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
party(s). Each CLEC and third party will be responsible for ordering
their own unbundled network elements from Verizon. Verizon will
separately bill the CLEC and third party/parties for unbundled network
elements ordered. The CLEC and third party(s) are Verizon
customers and have all the rights and obligations applicable hereunder
to CLECs purchasing Collocation-related services , including, without
limitation, the obligation to pay all applicable charges, whether or not
the CLEC is reimbursed for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment will apply to subleased caged Collocation
requirements.
Caqeless. . Cage less Collocation is a form of Collocation in which
CLECs can place their equipment in Verizon Premises. A cageless
Collocation arrangement allows a CLEC, using Verizon approved
vendors, to install equipment in single bay increments in an area
designated by Verizon. The equipment location will be designated by
Verizon and will vary based on individual Verizon Premises
Granite Comp- v2.7c.doc 116
Ordering.
configurations. CLEC equipment will not share the same equipment
bays with Verizon equipment.
Adjacent.An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Verizon property for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Verizon s Premises for caged and cageless
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Verizon property that adheres to local
building code, zoning requirements, and Verizon building standards.
Granite is responsible for complying with all zoning requirements, any
federal, state or local regulations, ordinances and laws, and obtaining
all associated permits. Verizon may, where required, participate in the
zoning approval and permit acquisitions. Granite may not take any
action in establishing an adjacent structure that will force Verizon to
violate any zoning requirements or any federal, state, or local
regulations, ordinances, or laws.
Any construction by Granite on Verizon property must comply with
Verizon s technical specifications as they relate to environmental
safety and grounding requirements. Verizon will make available power
and physical Collocation services to Granite in the same non-
discriminatory manner as it provides itself for its own remote
equipment buildings (REBs).
Virtual.Under virtual Collocation, Verizon installs and maintains
Granite provided equipment which is dedicated to the exclusive use of
the Granite in a Collocation arrangement. Additional details on Virtual
Collocation are set forth in Section 1.
Microwave. Physical Collocation of microwave transmission facilities
will be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
Granite or Verizon provided facilities , equipment and support
structures located in, on or above the exterior walls and roof of Verizon
Premises. Additional details on Microwave Collocation are set forth in
Section 1.10.
Application.
Point of Contact.Verizon will establish points of contact for
Granite to contact to place a request for Collocation. The
point of contact will provide Granite with general information
and requirements, including a list of engineering and
technical specifications, fire, safety, security policies and
procedures, and an application form.
Application Form/Fee.Granite requesting Collocation at a
Verizon Premises will be required to complete the
application form and submit the non-refundable engineering
fee set forth in Appendix A, described in Section 1., for
each Verizon Premises at which Collocation is requested.
Granite I D Comp_v2. 7c.doc 117
2.4
The application form will require Granite to provide all
engineering, floor space (where applicable), power
environmental and other requirements necessary for the
function of the service. Granite will provide Verizon with
specifications for any non-standard or special requirements
at the time of application. Verizon reserves the right to
assess the customer any additional charges on an
individual case basis ("ICB") associated with complying with
the requirements. Any such charges shall be noticed to
Granite.
Verizon will process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Verizon s receipt of
a completed application form and the non-refundable
engineering fee.
Notification of Acceptance/Rejection . Verizon will notify
Granite in writing within eight (8) Business Days following
receipt of the completed application if Granite
requirements cannot be accommodated as specified. If the
application is deficient, Verizon will specify in writing, within
eight (8) Business Days, the information that must be
provided by Granite in order to complete the application. If
Granite resubmits a revised application curing any
deficiencies in their original application within ten (10)
calendar days after being informed of them, Granite shall
retain its position within the Collocation application queue.
Space Availability. Verizon will notify Granite, in writing, within eight
(8) Business Days following receipt of the completed application form
and non-refundable engineering fee if space is available at the
selected Verizon Premises. The response will be one of the following:
There is space and Verizon will proceed with the
arrangement.
There is no space. Verizon will proceed as described in
Section 1 .4.1 .
There is no readily available space, however, Verizon will
determine whether space can be made available and will
notifyGranite within twenty (20) Business Days. At the end
of this period, Verizon will proceed as described in 1.1 or
1 .2 above.
Price Quote. Verizon shall provide Granite with a price quote for
Collocation services required to accommodate Granite s request within
eight (8) Business Days of Granite s application date , provided that no
ICB rates are required in the quote. Granite shall have five (5)
Business Days from receipt of the quote to inform Verizon, in writing,
of its intent to proceed with their Collocation request and pay fifty
percent (50%) of the applicable Non-Recurring Charges (NRCs), set
forth in Appendix A as described in Section 1.1, associated with the
ordered Collocation services. The remaining 50% will be billed by
Verizon upon completion of the Collocation request.
(Intentionally Left Blank).
Granite Comp_v2.7c.doc 118
Auqmentation.All requests for an addition or change to an existing
Collocation arrangement that has been inspected and turned over to
Granite is considered an augmentation. An augmentation request will
require the submission of a complete application form and a non-
refundable Engineering or Minor Augment fee. A Minor Augment fee
may not be required under the circumstances outlined below. The
definition of a major or minor augment is as follows:
Granite Comp- v2.7c.doc
Major Augments of Collocation arrangements are those
requests that: (a) require AC or DC power; (b) add
equipment that generates more BTU's of heat, or (c)
increase the floor space over what Granite requested in its
original application. A complete application and
Engineering Fee will be required when submitting a request
that requires a Major Augment.
Minor Augments of Collocation arrangements will require
the submission of a complete application form and the
Minor Augment Fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, or
(c) do not increase floor space, over what Granite requested
in its original application. The requirements of a Minor
Augment request cannot exceed the capacity of the
existing/proposed electrical , power or HVAC system.
Requests for additional DSO, DS1 , and DS3 facility
terminations to access Verizon s unbundled network
elements are included as Minor Augments.
Minor Augments that require an augment fee are those
requests that require Verizon to perform a service or
function on behalf of Granite including but not limited to:
installation of Virtual equipment cards or software upgrades,
removal of Virtual equipment, requests to pull cable from
exterior microwave facilities, and requests to terminate DSO,
DS1 and DS3 cables,
Minor Augments that do not require a fee are those
augments performed solely by Granite, that do not require
Verizon to provide a service or function on behalf of Granite,
including but not limited to, requests to install additional
equipment in Granite Collocation space. Prior to the
installation of the additional equipment, Granite agrees to
provide Verizon an application form with an updated
equipment listing that includes the new equipment to be
installed in Granite s Collocation arrangement. Once the
equipment list is submitted to Verizon, Granite may proceed
with the augment. Granite agrees that changes in
equipment provided by Granite under this provision will not
exceed the engineering specifications for power and HV
as requested on original application. All augments will be
subject to Verizon inspection, in accordance with term of
this contract for the purpose of ensuring compliance with
Verizon safety standards.
119
Expansion.Verizon will not be required to construct additional space
to provide for Granite Collocation when available space has been
exhausted. Where Granite seeks to expand its existing Collocation
space, Verizon shall make contiguous space available to the extent
possible; provided, however, Verizon does not guarantee contiguous
space to Granite to expand its existing Collocation space. Granite
requests for expansion of existing space within a specific Verizon
Premises will require the submission of an application form and the
appropriate Major Augment fee.
Relocation.Granite requests for relocation of the termination
equipment from one location to a different location within the same
Verizon Premises will be handled on an ICB basis. Granite will be
responsible for all costs associated with the relocation of its
equipment.
Installation and Operation.
Joint Planninq and Implementation Levels. Where conditioned space
is readily available, the implementation interval for Caged and
Cageless Collocation requests is seventy-six (76) Business Days for
all standard requests which were properly forecast six (6) months prior
to the application date, subject to the conditions set forth. Should
unique circumstances arise such as major construction obstacles or
special Granite requirements, upon notification to Granite, a time
extension of no greater than fifteen (15) Business Days will apply.
Intervals for non-standard arrangements, including, but not limited to
Adjacent Collocation shall be mutually agreed upon by Granite and
Verizon.
The following standard implementation milestones, in
Business Days, will apply unless Granite and Verizon jointly
decide otherwise:
1 .Day 1: Granite submits completed application
and associated Engineering/Major Augment
Fee.
1 .1 .Day 9: Verizon notifies Granite that request can
be accommodated.
1 .Day 14: Granite notifies Verizon of its intent to
proceed and submits 50% payment as set forth
in Section 1 .
Day 76: Verizon and Granite attend a Joint
Inspection meeting and Verizon turns over the
Collocation space to the Granite.
Verizon and Granite shall work cooperatively in meeting these
milestones and deliverables as determined during the joint planning
process. Verizon will schedule a meeting with Granite to determine
engineering and network requirements. A preliminary schedule will be
developed outlining major milestones. Granite and Verizon control
various interim milestones they must complete in order to meet the
overall intervals. The interval clock will stop, and the final due date will
be adjusted accordingly, for each milestone Granite misses (day for
1 .1 .
Granite Comp_v2.7c.doc 120
day). When Verizon becomes aware of the possibility of vendor
delays, Verizon will first contact Granite to attempt to negotiate a new
interval. Verizon and Granite shall conduct additional joint planning
meetings, as reasonably required, to ensure that all known issues are
discussed and to address any that may impact the implementation
process. Verizon will permit Granite to schedule one escorted visit to
Granite s Collocation space during construction. The applicable labor
rates in Appendix A will be applied for the escorted visit.
Prior to Granite beginning the installation of its equipment,
Granite must sign Verizon work completion notice,
indicating acceptance of the Collocation space. Granite
may not install any equipment or facilities in the Collocation
space until the receipt by Verizon of the work completion
notice. Prior to Granite beginning the installation of
equipment in a cage, bay or cabinet, Granite and Verizon
must conduct a joint inspection of the designated
Collocation space. Verizon shall notify Granite of the date
the Collocation arrangement is ready for the joint inspection.
Granite has ten (10) Business Days to meet Verizon at the
site of the Collocation arrangement. Upon acceptance of
the arrangement by Granite, billing will be initiated, access
cards will be issued and Granite may begin installation of
equipment. If Granite does not attend the joint inspection
within the specified ten (10) Business Days, Verizon will
initiate billing for all monthly and nonrecurring charges.
Unconditioned space conversion timeframes fall outside the
normal intervals and are negotiated on an individual case
basis based on negotiations with the site preparation
vendor(s). Verizon will use its best efforts to minimize the
additional time required to condition Collocation space, and
will inform Granite of the time estimates as soon as
possible.
Forecasting and Use of Data.
Granite Comp_v2.7c.doc
Verizon will request Caged and Cage less forecasts from
Granite on a semi-annual basis, with each forecast covering
a two-year period. Granite will be required to update the
near-term (6-month) forecasted application dates.
Information requested will include central office, month
applications are expected to be sent, requested in-service
month, preference for Caged or Cageless Collocation , and
square footage required.
Unforecasted demand will be given a lesser priority than
forecasted demand. Verizon will make every attempt to
meet standard intervals for unforecasted requests.
However, if unanticipated requests push demand beyond
Verizon s capacity limits, Verizon will negotiate longer
intervals as required (and within reason). In general, if
forecasts are received less than two (2) months prior to the
application date, the interval start day may be postponed as
follows:
121
3.4
No forecast: Interval Start Date commences two
(2) months after application date.
Forecast received one month prior to application
date: Interval Start Date commences two (2)
months after application date.
Forecast received two (2) months prior to
application date: Interval Start Date commences
one month after application date.
Any such interval adjustments will be discussed with Granite
at the time the application is received.
Collocation Capacity.
Verizon s estimate of its present capacity (i.e., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffing and
current vendor arrangements. If the forecasts indicate
spikes in demand, Verizon will attempt to smooth the
demand via negotiations with the forecasting CLECs.
Verizon and Granite fail to agree to smooth demand
Verizon will determine if additional expenditures would be
required to satisfy the spikes in demand and will work with
the Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
If Verizon augments its workforce based on forecasts
Verizon reserves the right to hold CLECs accountable for
the accuracy of their forecasts.
Vendor Capacity. Verizon will continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Verizon
will share Granite actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards. Verizon will seek assistance from the CLECs to resolve
vendor inability to meet demands.
Responsibility for Vendor Delays. No party shall be excused from their
obligations due to the acts or omissions of a Party s subcontractors,
material , men, suppliers or other third persons providing such products
or services to such Party unless such acts or omissions are the
product of a Force Majeure Event, or unless such delay or failure and
the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
Space Preparation.
Caqe Construction. For caged Collocation, Granite may
construct the cage with a standard enclosure if they are a
Verizon approved contractor or Granite may subcontract
this work to a Verizon approved contractor.
Granite Comp_v2.7c.doc 122
Granite I D - Comp- v2. 7 c.doc
Site Selection/Power.Verizon shall designate the space
within its Premises where Granite shall collocate its
equipment. Verizon will assign Collocation space to Granite
in a just, reasonable, and nondiscriminatory manner.
Verizon will allow Granite requesting caged or cageless
Collocation to submit space preferences on the Application
Form prior to assigning caged and cageless Collocation
space to Granite. Verizon will assign caged and cageless
space in accordance with the following standards: (1)
Granite s Collocation costs cannot be materially increased
by the assignment; (2) Granite s occupation and use of
Verizon s premises cannot be materially delayed by the
assignment; (3) The assignment cannot impair the quality of
service or impose other limitations on the service Granite
wishes to offer; and (4) The assignment cannot reduce
unreasonably the total space available for caged and
cageless Collocation, or preclude unreasonably, caged and
cageless Collocation within Verizon s premises.
Verizon may assign caged and cageless Collocation to
space separate from space housing Verizon s equipment
provided that each of the following conditions is met: (1)
Either legitimate security concerns, or operational
constraints unrelated to Verizon s or any of its affiliates' or
subsidiaries competitive concerns, warrant such separation;
(2) Any caged and cageless Collocation space assigned to
an affiliate or subsidiary of Verizon is separated from space
housing Verizon s equipment; (3) The separated space will
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost of the
separated space to Granite will not be materially higher than
the cost of non-separated space; and (5) The separated
space is comparable, from a technical and engineering
standpoint, to non-separated space.
Where applicable, Verizon shall provide, at the rates set
forth in Appendix A described in Section 1 .1 , 48V DC
power with generator and/or battery back-up, heat, air
conditioning and other environmental support to Granite
equipment in the same standards and parameters required
for Verizon equipment within that Verizon Premises.
Granite may install AC convenience outlets and overhead
lighting if Granite is a Verizon approved contractor, or this
work may be subcontracted to a Verizon approved
contractor.
DC Power.Verizon will provide DC power to the
Collocation arrangement as specified by Granite in its
Collocation application. The Granite will specify the load on
each feed and the size of the fuse to be placed on each
feed. Charges for DC power will be applied based on the
total number of load amps ordered on each feed.
For example, if Granite orders a total of 40 load amps of DC
power and an A and B feed, Granite could order 20 load
amps on the A feed and 20 load amps on the B feed.
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6.4
Granite Comp_v2.7c.doc
Verizon will permit Granite to order a fuse size up to 2.
times the load amps ordered provided that applicable law
permits this practice. Thus , Granite could order that each
feed be fused at 50 amps if Granite wants one feed to carry
the entire load in the event the other feed fails. Accordingly,
Granite will be charged on the basis of the total number of
load amps ordered, Le., 40 amps, and not based on the
total number of amps available for the fuse size ordered.
Granite is responsible for engineering the power
consumption in its Collocation arrangements and therefore
must consider any special circumstances in determining the
fused capacity of each feed. Verizon will engineer the
power feeds to the Collocation arrangement in accordance
with industry standards based upon requirements ordered
by Granite in its Collocation application. Any subsequent
orders to increase DC power load at a Collocation
arrangement must be submitted on a Collocation
application.
Verizon reserves the right to perform random inspections to
verify the actual power load being drawn by a Collocation
arrangement. At any time, without written notice, Verizon
may measure the DC power drawn at an arrangement by
monitoring the power distribution point. In those instances
where Verizon needs access to the Collocation
arrangement to make these measurements, Verizon will
schedule a joint meeting with Granite.
If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action will apply.
If the inspection reveals that the power being drawn is
greater than 100% and up to 110% of the total number of
load amps ordered, Verizon will provide Granite with written
notification by certified U.S. Mail to the person designated
by Granite to receive such notice that more power is being
drawn than was ordered. Within five (5) Business Days of
the date of notification, Granite must reduce the power
being drawn to match its ordered load or revise its power
requirement to accommodate the additional power being
drawn. Failure to reduce the power being drawn or submit
a revised application within the five (5) Business Days will
result in an increase in the amount of power being billed to
110% of the power ordered in the application on file.
If the inspection reveals that the power being drawn is
greater than 110% of the total number of load amps
ordered, that arrangement is subject to the following
treatment:
Verizon will provide Granite with written
notification by certified U.S. Mail to the person
designated by Granite to receive such notice
that it has exceeded its ordered power.
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Granite Comp_v2.7c.doc
Additional Labor charges, as set forth in
Appendix A, apply for the cost associated with
performing this inspection.
Verizon will bill Granite for the full fused capacity
for each of the next six (6) bill periods following
the inspection.
8.4 After six (6) months of full fused capacity billing,
and upon receipt of an application to revise the
power required at that arrangement, Verizon will
adjust the billing to reflect Granite s revised
power requirement. In the event that a revised
application is not submitted , billing at full fused
capacity will continue until a revised application
is received.
Within fifteen (15) Business Days of the date of
notification , Granite must submit a non-
scheduled attestation of the power being drawn
at each of its remaining Collocation
arrangements. Failure to submit this non-
scheduled attestation will result in the
application of Additional Labor charges set forth
in Appendix A for any subsequent DC power
inspections Verizon performs prior to receipt of
the next scheduled attestation. Scheduled
attestations are described in Section 1.
following.
Annually, Granite must submit a written statement signed
by a responsible officer of Granite, which attests that it is
not exceeding the total load of power as ordered in its
Collocation applications. This attestation, which must be
received by Verizon no later than the last day of June, shall
individually list all of Granite s completed Collocation
arrangements provided by Verizon in all of its operating
territories. If Granite fails to submit this written statement by
the last day in June, Verizon will notify Granite in writing that
it has thirty (30 days) to submit its power attestation.
Failure to submit the required statement within the 30 day
notice period will result in the billing of DC power at each
Collocation arrangement to be increased to the total number
of amps fused.
Whenever Verizon is required to perform work on an
Collocation arrangement as a result of Granite s order for a
reduction in power requirements (e.g., change in fuse size),
Verizon will assess a nonrecurring charge for the additional
labor. The nonrecurring charge applies for the first half hour
(or fraction thereof) and for each additional half hour (or
fraction thereof) per technician, per occurrence as shown in
Appendix A.
If Granite orders a change in the power configuration
requiring new -48 volt DC power feeds to the Collocation
arrangement, Verizon will require an Engineering/Major
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Augment Fee with an application , as set forth in Appendix
A, subject to the terms and conditions described in Section
5. In addition , if Granit~s order for a reduction in DC
power triggers the deployment of power cabling to a
different power distribution point, the Engineering/Major
Augment Fee as set forth in Appendix A applies. Verizon
will work cooperatively with Granite to configure the new
power distribution cables and disconnect the old ones.
Equipment and Facilities.
Granite I D - Comp- v2. 7 c.doc
Purchase of Equipment.Granite will be responsible for
supply, purchase, delivery, installation and maintenance of
its equipment and equipment bay(s) in the Collocation area.
Verizon is not responsible for the design, engineering, or
performance of Granite s equipment and provided facilities
for Collocation. Upon installation of all transmission and
power cables for Collocation services, Granite relinquishes
all rights, title and ownership of transmission (excluding
fiber entrance facility cable) and power cables to Verizon.
Permissible Equipment.Verizon shall permit the
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical , economic, or operational
matter, preclude Granite from obtaining interconnection with
Verizon at a level equal in quality to that which Verizon
obtains within its own network or Verizon provides to any of
its affiliates, subsidiaries, or other parties; and (2)
Equipment is necessary for access to an unbundled
network element if an inability to deploy that equipment
would, as a practical , economic, or operational matter
preclude Granite from obtaining nondiscriminatory access to
that unbundled network element, including any of its
features, functions, or capabilities.
Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element
if and only if the primary purpose- and function of the
equipment, as Granite seeks to deploy it, meets either or
both of the standards set forth in the preceding paragraph.
For a piece of equipment to be utilized primarily to obtain
equal in quality interconnection or nondiscriminatory access
to one or more unbundled network elements, there also
must be a logical nexus between the additional functions the
equipment would perform and the telecommunication
services Granite seeks to provide to its customers by means
of the interconnection or unbundled network element. The
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Verizon
property.
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7.4
Granite I D - Comp- v2. 7 c.doc
Whenever Verizon objects to Collocation of equipment by
Granite for purposes within the scope of Section 251 (c)(6)
of the Act, Verizon shall prove to the state commission that
the equipment is not necessary for interconnection or
access to unbundled network elements under the standards
set forth above.
Granite may place in its caged Collocation space ancillary
equipment such as cross connect frames, and metal
storage cabinets. Metal storage cabinets must meet
Verizon Premises environmental standards.
Specifications . Granite equipment must fully comply with
Bellcore Network Equipment Building Systems (NEBS)
Generic Equipment Requirements (GR-63-CORE),
Electromagnetic Compatibility and Electrical Safety Generic
Criteria for Network Telecommunications Equipment (GR-
1 089-CORE) and the Network Equipment Installation
Standards Information Publication (IP-72201),
Workmanship Requirement Profile and Verizon s central
office, engineering, environmental and transmission
standards as they relate to fire, safety, health,
environmental safeguards, or interference with Verizon
services or facilities.
Granite equipment must conform to the same specific
risk/safety/hazard standards which Verizon imposes on its
own central office equipment as defined in Verizon s NEBS
requirements RNSA-NEB-95-0003, Revision 10 or higher.
Granite equipment is not required to meet the same
performance and reliability standards as Verizon imposes
on its own equipment as defined in Verizon s RNSA-NEB-
95-0003, Revision 10 or higher.
In addition, Granite may install equipment that has been
deployed by Verizon for five (5) years or more with a proven
safety record.
Verizon reserves the right to remove facilities and
equipment from its list of approved products if such
products, facilities, and equipment are determined to be no
longer compliant with NEBS standards or Electromagnetic
Compatibility and Electrical Safety Generic Criteria for
Network Telecommunications Equipment (GR-1 089-CORE).
Verizon will provide 90 days' notice of the change unless it
is due to an emergency that renders notice impossible.
Cable. Granite is required to provide proper cabling, based
on circuit type (VF, DSO, xDSL, DS1 , DS3, etc.) to ensure
adequate shielding. Verizon cable standards are required
to reduce the possibility of interference. Granite is
responsible for providing fire retardant riser cable that
meets Verizon standards. Verizon is responsible for placing
Granite s fire retardant riser cable from the cable vault to the
Collocation space. Verizon is responsible for installing
Granite provided fiber optic cable in the cable space or
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Granite Comp_v2.7c.doc
conduit from the first manhole to the premises. This may be
shared conduit with dedicated inner duct. If Granite
provides its own fiber optic facility, then Granite shall be
responsible for bringing its fiber optic cable to the Verizon
Premises manhole. Granite must leave sufficient cable
length for Verizon to be able to fully extend such cable
through to Granite s Collocation space.
Manhole/Splicina Restrictions. Verizon reserves.the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. Granite will not be permitted to
splice fiber optic cable in the first manhole outside of the
Verizon Premises. Where Granite is providing underground
fiber optic cable in Manhole #1 , it must be of sufficient
length as specified by Verizon to be pulled through the
Verizon Premises to Granite s Collocation space. Verizon is
responsible for installing a cable splice, if necessary, where
Granite provided fiber optic cable meets Verizon standards
within the Verizon Premises cable vault or designated
splicing chamber. Verizon will provide space and racking
for the placement of an approved secured fire retardant
splice enclosure.
Access Points and Restrictions. Points of interconnection
and demarcation between Granite s facilities and Verizon
facilities will be designated by Verizon. This point(s) will be
a direct connection(s) to Granite s network. Verizon shall
have the right to require Granite to terminate Collocation
facilities onto a Point of Termination (POT) Bay. Granite
must tag all entrance facilities to indicate ownership.
Granite will not be allowed access to Verizon s DSX line-
ups, MDF or any other Verizon facility termination points.
Only Verizon employees, agents or contractors will be
allowed access to the MDF, DSX, or fiber distribution panel
to terminate facilities, test connectivity, run jumpers and/or
hot patch in-service circuits.
Staaina Area. For caged and cageless Collocation
arrangements, Granite shall have the right to use a
designated staging area, a portion of the Verizon Premises
and loading areas, if available, on a temporary basis during
Granite s equipment installation work in the Collocation
space. Granite is responsible for protecting Verizon
equipment Verizon Premises walls and flooring within the
staging area and along the staging route. Granite will meet
all Verizon fire, safety, security and environmental
requirements. The temporary staging area will be vacated
and delivered to Verizon in an acceptable condition upon
completion of the installation work. Granite may also utilize
a staging trailer, which can be located on the exterior
premises of Verizon Premises. Verizon may assess Granite
a market value lease rate for the area occupied by the
trailer.
Testina . Upon installation of Granite s equipment, and with
prior notice , Verizon will schedule time to work with Granite
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Granite Comp- v2. 7c.doc
during the turn-up phase of the equipment to ensure proper
functionality between Granite s equipment and the
connections to Verizon equipment. The time period for this
to occur will correspond to Verizon s maintenance window
installation requirements. It is solely the responsibility of
Granite to provide their own monitor and test points, if
required, for connection directly to its terminal equipment.
Interconnection Between Collocated Spaces.Dedicated
Transit Service (DTS), which allows for interconnection
between Granite and another CLEC, provides a dedicated
electrical or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two different
CLECs within the same Verizon premises, using Verizon
provided distribution facilities. DTS is available for DSO,
DS1 , DS3, and dark fiber cross connects. In addition,
Verizon will also provide other technically feasible cross-
connection arrangements, including lit fiber, on an Individual
Case Basis (ICB) as requested by Granite and agreed to by
Verizon. Verizon will offer DTS to Granite as long as such
access is technically feasible.
DTS is only available when both Collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Verizon premises, provided that the collocated
equipment is used for interconnection with Verizon and/or for
access to the Verizon s unbundled network elements. Verizon
shall provide such DTS connections from Granite s Collocation
arrangement to another Collocation arrangement of Granite
within the same Verizon premises, or to a Collocation
arrangement of another CLEC in the same Verizon premises.
DTS is provided at the same transmission level from Granite to
another CLEC.
The DTS arrangement requires Granite to provide cable
assignment information for itself as well as for the other CLEC.
Verizon will not make cable assignments for DTS. Granite is
responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, Granite must submit an
Access Service Request (ASR) and a letter of agency from the
CLEC it is connecting to that authorizes the DTS connection
and facility assignment. DTS is provided on a negotiated
interval with Granite.
Optical Facility Terminations. If Granite requests access to
unbundled dark fiber and unbundled optical interoffice
facilities, Granite may apply for a fiber optic patchcord
connection(s) between Verizon s fiber distribution panel
(FDP) and Granite s collocated transmission equipment and
facilities. The fiber optic patchcord cross connect is limited
in use solely in conjunction with access to unbundled dark
fiber, unbundled optical interoffice facilities, and Dedicated
Transit Service.
129
Access to Collocation Space . Verizon will permit Granite s employees
agents, and contractors approved by Verizon to have direct access to
Granite s caged and cageless Collocation equipment twenty-four (24)
hours a day, seven (7) days a week and reasonable access to
Verizon s restroom and parking facilities. Granite s employees,
agents, or contractors must comply with the policies and practices of
Verizon pertaining to fire, safety, and security. Verizon reserves the
right, with twenty-four (24) hours prior notice to Granite, to access
Granite s collocated partitioned space to perform periodic inspections
to ensure compliance with Verizon installation, safety and security
practices. Where Granite shares a common entrance to the Verizon
Premises with Verizon, the reasonable use of shared building facilities
, elevators, unrestricted corridors, etc., will be permitted. However
Verizon reserves the right to permanently remove and/or deny access
from Verizon premises, any Granite employee, agent, or contractor
who violates Verizon s policies, work rules, or business conduct
standards, or otherwise poses a security risk to Verizon.
Network Outaae. Damaae and Reportina . Granite shall be
responsible for: (a) any damage or network outage occurring as a
result of Granite owned or Granite designated termination equipment
in Verizon Premises; (b) providing trouble report status when
requested; (c) providing a contact number that is readily accessible
twenty-four (24) hours a day, seven (7) days a week; (d) notifying
Verizon of significant outages which could impact or degrade Verizon
switches and services and provide estimated clearing time for restoral;
and (e) testing its equipment to identify and clear a trouble report when
the trouble has been sectionalized (isolated) to Granite service.
Verizon will make every effort to contact Granite in the event Granite
equipment disrupts the network. If Verizon is unable to make contact
with Granite, Verizon shall temporarily disconnect Granite s service, as
provided in Section 1.11.
Security Requirements.
10.Backaround Tests: Trainina. All employees, agents and
contractors of Granite must meet certain minimum
requirements as established by Verizon. Upon notification
of available space, or as soon as reasonably practicable
thereafter, Granite must submit to Verizon s Security
Department for prior approval a background investigation
certification form for all employees, agents and contractors
that will require access to Verizon Premises. Granite
agrees that its employees/vendors with access to Verizon
Premises shall at all times adhere to the rules of conduct
established by Verizon for the Verizon Premises and
Verizon s personnel and vendors. Verizon reserves the
right to make changes to such procedures and rules to
preserve the integrity and operation of Verizon s network or
facilities or to comply with applicable laws and regulations.
Verizon will provide Granite with written notice of such
changes. Where applicable, Verizon will provide
information to Granite on the specific type of security
training required so Granite s employees can complete such
training.
Granite I D - Comp- v2. 7 c.doc 130
10.
10.
Granite - Comp_v2. 7c.doc
Security Standards.Verizon will be solely responsible for
determining the appropriate level of security in each Verizon
Premises. Verizon reserves the right to deny access to
Verizon buildings and/or outside Facility structures for any
Granite employee, agent or contractor who cannot meet
Verizon s established security standards. Employees,
agents or contractors of Granite are required to meet the
same security requirements and adhere to the same work
rules that Verizon s employees and contractors are required
to follow. Verizon also reserves the right to deny access to
Verizon buildings and/or outside Facility structures for
Granite s employee, agent and contractor for falsification of
records, violation of fire, safety or security practices and
policies or other just cause. Granite employees, agents or
contractors who meet Verizon s established security
standards will be provided access to Granite s caged and
cage less Collocation equipment 24 hours a day, seven days
a week and reasonable access to Verizon s restroom
facilities. If Granite employees , agents or contractors
request and are granted access to other areas of Verizon
premises, a Verizon employee, agent or contractor may
accompany and observe Granite employee(s), agent(s) or
contractor(s) at no cost to Granite. Verizon may use
reasonable security measures to protect its equipment,
including, for example, enclosing its equipment in its own
cage or other separation , utilizing monitored card reader
systems, digital security cameras, badges with
computerized tracking systems, identification swipe cards,
keyed access and/or logs, as deemed appropriate by
Verizon.
Verizon may require Granite employees and contractors to
use a central or separate entrance to Verizon s premises,
provided, however, that where Verizon requires that Granite
employees or contractors access collocated equipment only
through a separate entrance, employees and contractors of
Verizon s affiliates and subsidiaries will be subject to the
same restriction.
Verizon may construct or require the construction of a
separate entrance to access caged and cageless
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent's or
any of its affiliates' or subsidiaries competitive concerns,
warrant such separation; (iii) Construction of a separate
entrance will not artificially delay Collocation provisioning;
and (iv) Construction of a separate entrance will not
materially increase Granite s Collocation costs.
Access Cards/Identification.Access cards or keys will be
provided to no more than a reasonable number of
individuals for Granite for each Verizon premises for the
purpose of installation, maintenance and repair of Granite
caged and cageless Collocation equipment. All Granite
131
employees, agents and contractors requesting access to
the Verizon Premises are required to have a photo
identification card, which identifies the person by name and
the name of Granite. The ID must be worn on the
individual's exterior clothing while on or at Verizon
Premises. Verizon will provide Granite with instructions and
necessary access cards or keys to obtain access to Verizon
premises. Granite is required to immediately notify Verizon
by the most expeditious means, when any Granite
employee, agent or contractor with access privileges to
Verizon premises is no longer in its employ, or when keys
access cards or other means of obtaining access to Verizon
premises are lost, stolen or not returned by an employee
agent or contractor no longer in its employ. Granite is
responsible for the immediate retrieval and return to Verizon
of all keys, access cards or other means of obtaining
access to Verizon premises upon termination of
employment of Granite s employee and/or termination of
service. Granite shall be responsible for the replacement
cost of keys, access cards or other means of obtaining
access when lost, stolen or failure of Granite or Granite
employee, agent or contractor to return to Verizon.
Emerqencv Access.Granite is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week.
Granite will provide access to its Collocation space at all times to allow
Verizon to react to emergencies, to maintain the building operating
systems (where applicable and necessary) and to ensure compliance
with OSHANerizon regulations and standards related to fire, safety,
health and environment safeguards. Verizon will attempt to notify
Granite in advance of any such emergency access. If advance
notification is not possible Verizon will provide notification of any such
entry to Granite as soon as possible following the entry, indicating the
reasons for the entry and any actions taken which might impact
Granite s facilities or equipment and its ability to provide service.
Verizon will restrict access to Granite s Collocation space to persons
necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection service shall be in
accordance with Part 64, Subpart D, Paragraph 64.401 , of the FCC'
Rules and Regulations, which specifies the priority for such activities.
Verizon reserves the right, without prior notice, to access Granite
Collocation space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm imposed by
Granite or Granite s equipment upon the operation of Verizon s or
another CLEC's equipment, facilities and/or employees located
outside Granite s Collocation space. Verizon will notify Granite as
soon as possible when such an event has occurred. In case of a
Verizon work stoppage, Granite s employees, contractors or agents
will comply with the emergency operation procedures established by
Verizon, Such emergency procedures should not directly affect
Granite s access to its premises , or ability to provide service. Granite
will notify Verizon point of contact of any work stoppages by Granite
employees.
1.4 Space Requirements.
Granite I D - Comp- v2. 7 c.doc 132
1.4.
1.4.
1.4.
Space Availabilitv.If Verizon is unable to accommodate caged and
cageless Collocation requests at a Verizon Premises due to space
limitations or other technical reasons, Verizon will post a list of all such
sites on its website and will update the list within ten (10) calendar
days of the date at which a Verizon Premises runs out of caged and
cageless Collocation space. This information will be listed at the
following public Internet URL: http://www.ate.com/reaulatorv. Where
Verizon has denied caged and cageless Collocation requests at a
Verizon Premises due to space limitations or other technical reasons,
Verizon shall: (a) submit to the state commission, subject to any
protective order as the state may deem necessary, detailed floor plans
or diagrams of the Verizon Premises which show what space, if any,
Verizon or any of its affiliates has reserved for future use; and describe
in detail, the specific future uses for which the space has been
reserved and the length of time for each reservation; and (b) allow
Granite to tour the entire premises of the Verizon Premises , without
charge, within ten (10) calendar days of the tour request.
Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space will be increments of 100 square feet unless
mutually agreed to otherwise by Verizon and Granite. The minimum
amount of floor space available to Granite at the time of the initial
application will be twenty-five (25) square feet of caged Collocation
space or one (1) single bay in the case of cageless Collocation. The
maximum amount of space available in a specific Verizon Premises to
Granite will be limited to the amount of existing suitable space which is
technically feasible to support the Collocation arrangement requested.
Existing suitable space is defined as available space in a Verizon
Premises that does not require the addition of AC/DC power, heat and
air conditioning, battery and/or generator back-up power and other
requirements necessary for provisioning Collocation services.
Additional space to provide for caged, cageless and/or adjacent
Collocation will be provided on a per request basis, where available.
Additional space can be requested by Granite by completing and
submitting a new application form and the applicable non-refundable
engineering fee set forth in Appendix A described in Section 1.
Verizon will not be required to lease additional space when available
space has been exhausted.
Use of Space.Verizon and Granite will work cooperatively to
determine proper space requirements, and efficient use of space. In
addition to other applicable requirements set forth in this Agreement,
Granite shall install all its equipment within its designated area in
contiguous line-ups in order to optimize the utilization of space within
Verizon s Premises. Granite shall use the Collocation space solely for
the purposes of installing, maintaining and operating Granite
equipment to interconnect for the exchange of traffic with Verizon
and/or for purposes of accessing UNEs. Granite shall not construct
improvements or make alterations or repairs to the Collocation space
without the prior written approval of Verizon. The Collocation space
may not be used for administrative purposes and may not be used as
Granite s employee(s) work location , office or retail space, or storage.
The Collocation space shall not be used as Granite s mailing or
shipping address.
Granite Comp_v2.7c.doc 133
1 .4.4
1.4.
1.4.
Reservation of Space . Verizon reserves the right to manage its
Verizon Premises conduit requirements and to reserve vacant space
for planned facility. Verizon will retain and reserve a limited amount of
vacant floor space within its Verizon Premises for its own specific
future uses on terms no more favorable than applicable to other
CLECs seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Verizon Premises is
reserved for Verizon s own specific future use, the Verizon Premises
will be exempt from future caged and cage less Collocation requests.
Granite shall not be permitted to reserve Verizon Premises cable
space or conduit system. If new conduit is required, Verizon will
negotiate with Granite to determine an alternative arrangement for the
specific location. Granite will be allowed to reserve Collocation space
for its caged/cageless arrangements based on Granites documented
forecast provided Verizon and subject to space availability. Such
forecast must demonstrate a legitimate need to reserve the space for
use on terms no more favorable than applicable to Verizon seeking to
reserve vacant space for its own specific use. Cage less Collocation
bays may not be used solely for the purpose of storing Granite
equipment.
Collocation Space Report. Upon request by Granite and upon Granite
signing a Collocation nondisclosure agreement, Verizon will make
available a Collocation space report with the following information for
the Verizon Premises requested:
1.4.Detailed description and amount of caged and cageless
Collocation space available;
1.4.Number of telecommunications carriers with existing
Collocation arrangements;
1.4.Modifications of the use of space since the last Collocation
space report requested; and,
Measures being taken , if any, to make additional
Collocation spaces available.
1.4.5.4
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Verizon Premises in order to
determine Collocation space availability for the Verizon Premises. The
Collocation space report will be provided to Granite within ten (10)
calendar days of the request provided the request is submitted during
the ordinary course of business. A Collocation space report fee
contained in Appendix A will be assessed per request and per Verizon
Premises.
Reclamation. When initiating an application form, Granite must have
started installing equipment approved for Collocation at Verizon
Premises within a reasonable period of time, not to exceed sixty (60)
calendar days from the date Granite accepts the Collocation
arrangement. If Granite does not utilize its Collocation space within
the established time period, and has not met the space reservation
requirements of Section 1.4.4 to the extent applicable, Verizon may
reclaim the unused Collocation space to accommodate another
CLEC's request or Verizon s future space requirements. Verizon shall
have the right, for good cause shown, and upon sixty (60) calendar
Granite Comp_v2.7c.doc 134
Pricing.
days' notice , to reclaim any Collocation space, cable space or conduit
space in order to fulfill its obligation under public service law and its
tariffs to provide telecommunication services to its Customers. In such
cases, Verizon will reimburse Granite for reasonable direct costs and
expenses in connection with such reclamation. Verizon will make
every reasonable effort to find other alternatives before attempting to
reclaim any such space. Granite may seek Commission relief from
reclamation within ten (10) Business Days of being notified.
Rate Sheet.The rates for Verizon s Collocation services provided
pursuant to this Agreement are set forth in Appendix A attached hereto
only to the extent that there are no corresponding rates in an
applicable Collocation tariff on file with the Commission. If there is a
Collocation tariff on file with the Commission, the rates in such tariff
shall apply and the rates set forth in Appendix A shall not apply.
Subsequent to the execution of this Agreement, Verizon also may
elect to file a Collocation tariff with provisions addressing any of the
rates specified in this Agreement. Any such filing will expressly
supercede and replace the corresponding rates set forth in Appendix A
and will render such rates specified in Appendix A null and void.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this attachment also may be superseded prospectively by
rates contained in future final, binding and non-appealable regulatory
orders or as otherwise required by legal requirements.
Billinq and Payment.The initial payment of NRCs shall be due and
payable in accordance with Section 1 .1. The balance of the N RCs
and all related monthly recurring service charges will be billed to
Granite when Verizon provides Granite access to the caged, cageless
or adjacent Collocation arrangement or completes installation of the
virtual Collocation arrangement and shall be payable in accordance
with applicable established payment deadlines.
Liability and Indemnification.
In addition to their other respective indemnification and liability obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
No liability shall attach to Verizon for damages arising from errors
mistakes, omissions, interruptions, or delays of Verizon , its agents
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terminating, or changing the service or facilities
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilities) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by Granite or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Verizon s liability, if any, shall not exceed an amount equal
G ranite Comp- v2.7c.doc 135
6.4
to the proportionate charge for the service by Verizon for the service
for the period during which service was affected.
Verizon shall not be liable for any act or omission of any other party
furnishing a portion of service used in connection with the services
herein.
Verizon is not liable for damages to Granite premises resulting from
the furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Verizon s gross negligence or willful misconduct.
Verizon shall be indemnified, defended and held harmless by Granite
and/or its end user against any claim, loss or damage arising from the
use of services offered under this Attachment, involving:
6.4.All claims, including but not limited to injuries to persons or
property from voltages or currents, arising out of any act or
omission of the CLEC or its end user in connection with
facilities provided by Verizon, Granite, or the end user; or
6.4.Verizon shall not be liable to Granite or its customers in
connection with the provision or use of the services
provided under this Attachment for indirect, incidental
consequential, reliance or special damages, including
(without limitation) damages for lost profits, regardless of
the form of action, whether in contract, indemnity, warranty,
strict liability, or tort, including (without limitation) negligence
of any kind, even if Verizon has been advised of the
possibility of such loss or damage.
Verizon does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Verizon shall be
indemnified, defended and held harmless by Granite from any and all
claims by any person relating to Granite s use of services so provided.
No license under patents (other than the limited license to use) is
granted by Verizon or shall be implied or arise by estoppel , with
respect to any service offered under this Attachment.
Verizon s failure to provide or maintain services under this Attachment
shall be excused by labor difficulties, governmental orders , civil
commotions, criminal actions taken against Verizon, acts of God and
other circumstances beyond Verizon s reasonable control.
Verizon shall not be liable for any act or omission of any other entity
furnishing to Granite facilities, equipment, or services used in
conjunction with the services provided under this Attachment. Nor
shall Verizon be liable for any damages or losses due to unauthorized
use of the services or the failure or negligence of Granite or Granite
end user, or due to the failure of equipment, facilities, or services
provided by Granite or its end user.
Neither party shall be liable to the other or to any third party for any
physical damage to each other s facilities or equipment within the
central office, unless caused by the gross negligence or willful
misconduct of the party s agents or employees.
Granite - Comp_v2. 7c.doc 136
Granite Comp- v2.7c.doc
Granite shall indemnify, defend and save harmless Verizon from and
against any and all losses, claims, demands, causes of action and
costs, including attorney s fees, whether suffered, made, instituted or
asserted by Granite or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker s compensation law or under any plan for
employees' disability and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of Granite s equipment or facilities or by
their proximity to the equipment or facilities or all parties occupying
space within or on the exterior of Verizon s central office(s), or by any
act or omission of Verizon , its employees, agents, former or striking
employees, or contractors, in connection therewith, unless caused by
gross negligence or willful misconduct on the part of Verizon. These
provisions shall survive the termination, cancellation , modification or
rescission of the Agreement for at least 18 months from the date of the
termination.
Verizon shall indemnify, defend and save harmless Granite from and
against any and all losses, claims, demands, causes of action and
costs, including attorneys' fees , whether suffered, made, instituted or
asserted by Verizon or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker s compensation law or under any plan for
employees' disability and death benefits, which may arise out of or be
caused by Verizon s provision of service within or on the exterior of the
central office of by an act or omission of Granite, its employees,
agents, former or striking employees, or contractors, in connection
therewith, unless caused by gross negligence or willful misconduct on
the part of Granite.
Granite shall indemnify, defend and save harmless Verizon from and
against any and all losses, claims, demands, causes of action
damages and costs, including but not limited to attorney s fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or property owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central office by Granite, and/or acts by Granite , its employees, agents
or contractors.
Granite shall indemnify, defend , and hold harmless Verizon, its
directors, officers and employees, servants, agents, affiliates and
parent, from and against any and all claims, cost, expense or liability
of any kind, including but not limited to reasonable attorney s fees,
arising out of or relating to Granite installation and operation of its
facilities or equipment within the multiplexing node, roof space and
transmitter space.
Granite represents, warrants and covenants that it shall comply with all
applicable federal , state or local law, ordinance, rule or regulations,
including but not limited to, any applicable environmental , fire, OSHA
or zoning laws. Granite shall indemnify, defend , and hold harmless
Verizon, its directors, officers and employees, servants, agents,
affiliates and parent, from and against any and all claims, cost,
expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Granite, its
137
directors, officers, employees, servants , agents, affiliates and parent.
These provisions shall survive the termination , cancellation
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
Verizon represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central office, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Verizon shall indemnify,
defend, and hold harmless Granite, its directors, officers, employees,
agents or contractors, from and against any and all claims, cost,
expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Verizon, its
directors, officers and employees, servants, agents, affiliates and
parent.
Verizon and Granite shall each be responsible for all persons under
their control or aegis working in compliance herewith, satisfactorily,
and in harmony with all others working in or on the exterior of the
central office and, as appropriate, cable space.
Casualty.
If the Collocation equipment location in Verizon s Premises is rendered wholly
unusable through no fault of Granite, or if the Verizon Premises shall be so
damaged that Verizon shall decide to demolish it, rebuild it, or abandon (whether
or not the demised Verizon Premises are damaged in whole or in part), then, in
any of such events, Verizon may elect to terminate the Collocation arrangements
in the damaged building or outside Facility structure by providing written
notification to Granite as soon as practicable but no later than one hundred
eighty (180) calendar days after such casualty specifying a date for the
termination of the Collocation arrangements, which shall not be more than sixty
(60) calendar days after the giving of such notice. Upon the date specified in
such notice, the term of the Collocation arrangement shall expire as fully and
completely as if such date were the date set forth above for the termination of
this Agreement. Granite shall forthwith quit, surrender and vacate the Verizon
Premises without prejudice. Unless Verizon shall serve a termination notice as
provided for herein, Verizon shall make the repairs and restorations with all
reasonable expedition subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Verizon s reasonable control. After any such
casualty, Granite shall cooperate with Verizon s restoration by removing from the
Collocation space, as promptly as reasonably possible, all of Granite
salvageable inventory and movable equipment, furniture and other property.
Verizon will work cooperatively with Granite to minimize any disruption to service,
resulting from any damage. Verizon shall provide written notification to Granite
detailing its plans to rebuild and will restore service as soon as practicable. In
the event of termination , Verizon s rights and remedies against Granite in effect
prior to such termination, and any fees owing, shall be paid up to such date. Any
payments of fees made by Granite which were because any period after such
date shall be returned to Granite.
Termination of Service.
Grounds for Termination.Verizon s obligation to provide Collocation is
contingent upon Granite s compliance with the terms and conditions of
Granite Comp- v2.7c.doc 138
8.4
this Attachment and other applicable requirements of this Agreement
including, without limitation, Verizon s receipt of all applicable fees,
rates, charges, application forms and required permits. Failure of
Granite to make payments when due may result in termination of
service. Collocation arrangements will automatically terminate if the
premises in which the Collocation space is located is closed,
decommissioned or sold and no longer houses Verizon s network
facilities. At least one hundred eighty (180) days written notice will be
given to Granite of events which may lead to the automatic termination
of any such arrangement pursuant to this Attachment, except when
extraordinary circumstances require a shorter interval. In such cases,
Verizon will provide notice to Granite as soon as practicable. Verizon
will work with Granite to identify alternate Collocation arrangements.
Verizon will work cooperatively with Granite to minimize any potential
for service interruption resulting from such actions.
In addition to the other grounds for termination of Collocation services
set forth herein, Verizon also reserves the right to terminate such
services upon thirty (30) calendar days notice in the event Granite: (a)
is not in conformance with Verizon standards and requirements; and/or
(b) imposes continued disruption and threat of harm to Verizon
employees and/or network, or Verizon s ability to provide service to
other CLECs.
Effects of Termination. Granite must provide a minimum of thirty (30)
calendar days written notice if Granite elects to terminate a existing
Collocation arrangement after acceptance of the Collocation space,
All monthly recurring charges will continue for thirty (30) calendar days
from the date of the termination notice, or until Granite s equipment is
removed and the Collocation space is restored to its original condition
at space turnover, whichever is longer. Upon the termination of
Collocation service, Granite shall disconnect and remove its
equipment from the designated Collocation space. Verizon reserves
the right to remove Granite s equipment if Granite fails to remove and
dispose of the equipment within the thirty (30) calendar days of
discontinuance. Granite will be charged the appropriate additional
labor charge in Appendix A for the removal of such equipment. Upon
removal by Granite of all its equipment from the Collocation space,
Granite will reimburse Verizon for the cost to restore the Collocation
space to its original condition at time of occupancy. The cost will be
applied based on the additional labor charges rate set forth in
Appendix A.
Cancellations and Acceptance Delays . If Granite elects to cancel a
request for Collocation when construction is in progress and prior to
acceptance of the Collocation space , Granite must do so in writing.
Engineering/Major Augment fees submitted with the application will not
be refunded. No monthly recurring charges will be billed to Granite. If
Granite elects to not accept a completed Collocation arrangement,
Granite must provide written notice within 30 calendar days of the
scheduled completion date to avoid incurring any monthly recurring
charges. Engineering/Major Augment fees submitted with the
application will not be refunded.
Miscellaneous.Verizon retains ownership of Verizon Premises floor
space, adjacent land and equipment used to provide all forms of
Granite Comp- v2.7c.doc 139
Collocation. Verizon reserves for itself and its successors and
assignees, the right to utilize the Verizon Premises' space in such a
manner as will best enable it to fulfill Verizon s service requirements.
Granite does not receive, as a result of entering into a Collocation
arrangement hereunder, any right, title or interest in Verizon
Premises Facility, the multiplexing node, multiplexing node enclosure
cable, cable space, cable racking, vault space or conduit space other
than as expressly provided herein. To the extent that Granite requires
use of a Verizon local exchange line, Granite must order a business
local exchange access line (B1). Granite may not use Verizon official
lines.
Virtual Collocation.
Unless otherwise specified in this Section 1., the provisions contained in other
sections of the Collocation Attachment shall apply to Virtual Collocation.
Description. Under virtual Collocation, Verizon installs and maintains
Granite provided equipment, which is dedicated to the exclusive use of
Granite in a Collocation arrangement. Granite provides fiber-optic
facilities through Verizon entrance manholes for connection to Granite
virtually collocated transmission equipment that provides
interconnection to Verizon facilities located in the premises.
The physical point of interface for connection to the virtual
arrangement is referred to as manhole zero. From this manhole into
the premises, Verizon shall assume ownership of and maintain the
fiber. From this manhole toward Granite s location , the fiber optic
cable remains Granite s responsibility, with Granite performing all
servicing and maintaining full ownership. If Granite is purchasing
Verizon provided unbundled interoffice facilities as transport, Granite
entrance fiber is not required. All elements/services shall be
connected to the output cables of the virtual Collocation arrangement
using Verizon designated cable assignments, not channel
assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
If Granite requests virtual Collocation of equipment other than the
standard virtual arrangement, Granite and Verizon will mutually agree
upon the type of equipment to be virtually collocated.
Implementation Intervals and Planninq. Verizon and Granite shall
work cooperatively to jointly plan the implementation milestones.
Verizon and Granite shall work cooperatively in meeting those
milestones and deliverables as determined during the joint planning
process. A preliminary schedule will be developed outlining major
milestones including anticipated delivery dates for the Granite-
provided transmission equipment and for training.
Verizon will notify Granite of issues or unanticipated delays, as they
become known. Verizon and Granite shall conduct additional joint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
Granite Comp_v2.7c.doc 140
9.4
process. Planning meetings shall include establishment of schedule
identification of tests to be performed , spare plug-in/card requirements
test equipment, and determination of the final implementation
schedule.
The implementation interval is 105 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. Verizon and Granite shall work
cooperatively to schedule each site on a priority-based order. Verizon
and Granite shall mutually agree upon intervals for non-standard
arrangements.
Transmission Failure. In the event of a transmission failure, the
obligation to determine fault location, regardless of whether the fiber
span is equipped with optical regeneration equipment, lies with the
transmitting end. It is the responsibility of the receiving end to report
incoming signal loss to the transmitting end.
Accommodations. Upon receipt of a completed application and
associated Virtual Engineering fee, Verizon will conduct an application
review, engineering review and site survey at the requested premises.
Verizon will notify Granite within ten Business Days of the results of
this review and site survey.
The dedicated terminal equipment inside Verizon s premises shall be
provided by Granite and leased to Verizon for the sum of one dollar
after successful installation and equipment testing by Verizon. The
term of the operating lease will run for the duration of the virtual
Collocation arrangement, at which time Granite will remove the
equipment. Granite will retain ownership of this equipment inside the
premises. Verizon will operate and maintain exclusive control over this
equipment inside the premises.
Where Verizon uses approved contractors for installation
maintenance or repair of Virtual Collocation arrangements, Granite
may hire the same approved contractors directly for installation
maintenance or repair of Granite designated equipment.
Where Verizon does not use contractors, Granite designated
equipment and Granite provided facilities used in the provision of
Virtual Collocation will be installed, maintained and repaired by
Verizon, Verizon will maintain and repair Granite designated
equipment under the same timeframe and standards as its own
equipment.
Granite personnel are not allowed on Verizon premises to maintain
and repair on Virtual Collocation equipment.
Verizon shall monitor local premises and environmental alarms to
support the equipment. Verizon will notify Granite if a local office
alarm detects an equipment affecting condition.
Verizon will be responsible to pull the fiber into and through the cable
entrance facility (i.e., vault) to the virtual Collocation arrangement. All
Granite Comp- v2.7c.doc 141
installations into the cable entrance facility are performed by Verizon
personnel or its agents.
No virtual Collocation arrangement will be placed in service by Verizon
until necessary training has been completed (refer to Section 1.11).
PluQ-ins and Spare Cards. When a plug-in/card is determined by
Verizon to be defective, Verizon will label the plug-in as defective and
place it in Granite-dedicated plug-in/card storage cabinet. Granite will
be notified as the plug-in/card is replaced.
Verizon will not provide spare plug-ins/cards under any circumstances,
nor is Verizon responsible for Granite s failure to replace defective
plug-ins/cards. Verizon shall not be held responsible if Granite
provides an inadequate supply of plug-ins/cards. Verizon will
segregate and secure Granite-provided maintenance spares in
Granite-provided spare plug-in/card cabinet.
Granite shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, Granite shall
provide Verizon with maintenance spares for each plug-in/card type.
The number of maintenance spares shall be the manufacturer
recommended amount, unless otherwise mutually agreed by Verizon
and Granite, provided however, that in no event shall the number of
spare plug-ins/cards be less than two of each type. These spares
must be tested by Granite prior to delivery to Verizon.
In addition to maintenance spares, Granite will also provide any unique
tools or test equipment required to maintain, turn-up, or repair the
equipment.
Upon receiving notification from Verizon that a plug-in/card has been
replaced, Granite is then responsible to contact the Verizon operations
manager to arrange exchange and replacement of the plug-in/card.
Exchanged, pre-tested spares shall be provided within one week of
replacement of a defective plug-in/card.
Subject to Premises space availability, Granite shall have the option of
providing a stand-alone spare plug-in/card cabinet(s) or a rack-
mountable spare plug-in/card cabinet(s), to Verizon s specification, to
house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and
minimum number of maintenance spares must be provided before the
virtual Collocation arrangement is completed and service is
established.
The amount of spare plug-ins/cards required will be based on the
manufacturer s recommended amount, unless otherwise mutually
agreed by Verizon and Granite.
Safety and Technical Standards. Verizon reserves all rights to
terminate, modify or reconfigure the provision of service to Granite if,
in the discretion of Verizon, provision of service to Granite may in any
way interfere with or adversely affect Verizon s network or its ability to
service other CLECs.
Granite Comp_v2.7c.doc 142
All Granite equipment to be installed in Verizon premises must fully
comply with the GR - 000063 - CORE, GR - 1089 - CORE and
Verizon s premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health , environmental, and network safeguards.
It is Granite s responsibility to demonstrate and provide to Verizon
adequate documentation from an accredited source certifying
compliance. Granite equipment must conform to the same specific
risk/safety/hazard standards which Verizon imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
Granite equipment is not required to meet the same performance and
reliability standards as Verizon imposes on its own equipment as
defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Granite
may install equipment that has been deployed by Verizon for five years
or more with a proven safety record.
All Granite s entrance facilities and splices must comply with TR - TSY
- 00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR - TAP -
001421 as they relate to fire, safety, health, environmental safeguards
and interference with Verizon s services and facilities. Such
requirements include, but are not limited to the following: (1) The
fibers must be single mode; (2) The fiber optic units must be of loose
tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must
be marked according to the cable marking requirements in GR - 20
CORE, Section 6.1 - 4; (4) The fiber must be identified according to
the fiber and unit identification (color codes) in GR - 20 - CORE,
Section 6.5; (5) Unless otherwise mutually agreed, the outer cable
jacket shall consist of a polyethylene resin, carbon black, and suitable
antioxidant system; and (6) Silica fibers shall be fusible with a
commercially available fusion splicer(s) that is commonly used for this
operation.
Control Over Premises-Based Equipment.Verizon exercises
exclusive physical control over the premises-based transmission
equipment that terminates Granite s circuits and provides the
installation, maintenance, and repair services necessary to assure
proper operation of the virtually collocated facilities and equipment.
Such work will be performed by Verizon under the direction of Granite.
Removal of Equipment.Verizon reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilities and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 - CORE.
Installation and Trouble Resolution . Verizon will process and prioritize
the trouble ticket in the same manner it does for its own equipment,
including the dispatch of a technician to the equipment. The
technician will contact Granite at the number provided and service the
equipment as instructed and directed by Granite.
Placement. Removal and Monitorinq of Facilities and Equipment.
From manhole zero toward Granite s location the fiber optic cable
Granite Comp- v2.7c.doc 143
remains Granite s responsibility, with Granite performing all servicing
and maintaining full ownership.
Granite has the responsibility to remotely monitor and control their
circuits terminating in Verizon s premises, however, Granite will not
enter Verizon s premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by Granite. A clear distinction must be made by Granite
when submitting reports of troubles on Verizon services/elements
connected to the virtually collocated equipment and reports of troubles
with the collocated equipment. The former can be handled using
Verizon technicians and standard processes. The latter will require
specially trained technicians familiar with the collocated equipment
(refer to Section 1.11).
When Granite isolates a trouble and determines that a Verizon
technician should be dispatched to the equipment location for a
servicing procedure, Granite shall enter a trouble ticket with Verizon.
Granite shall provide standard trouble information, including the virtual
Collocation arrangement's circuit identification, nature of the activity
request, and the name and telephone number of Granite
technician/contact.
Responses to all equipment servicing needs will be at Granite
direction. Maintenance will not be performed without Granite s direct
instruction and authorization.
If Granite is providing its own transport fiber for the virtual Collocation
arrangement, Granite will arrange placement of the fiber into manhole
zero with enough length (as designated by Verizon) to reach the virtual
Collocation arrangement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by Granite. Verizon technicians will perform the
instructed activities on the equipment as specifically directed by the
CLEC.
Granite shall provide, own, and operate the terminal equipment at their
site outside Verizon s premises.
Use of Non-Standard Equipment.When Granite requests a virtual
Collocation arrangement consisting of equipment which Verizon does
not use in its network nor has deployed in that particular Premises to
provide service to itself or another CLEC, Granite shall be responsible
for training 50%, but no fewer than five, of Verizon technicians in the
administrative work unit responsible for servicing the equipment. Any
special tools or electronic test sets that Verizon does not have at the
premises involved must be provided by Granite with adequate
manufacturer s training.
Granite is responsible to arrange and pay all costs (including but not
limited to transportation and lodging for Verizon technicians) to have
Verizon technicians professionally trained by appropriate trainers
certified on the specific equipment to be used to provide the virtual
Collocation arrangement to Granite. Granite shall also pay for Verizon
Granite Comp_v2.7c.doc 144
technicians' time subject to rates contained in Appendix A. When
travel is required, travel expenses associated with training will be
charged to Granite based on ticket stubs and/or receipts. This
includes paying for mileage according to the IRS rates for personal car
mileage or airfare, as appropriate Granite also has the option of
arranging and paying for all travel expenses for Verizon technicians
directly.
In the event of an equipment upgrade, Granite must provide secondary
training subject to the provisions contained herein.
Additions and Rearranaements.Once Granite has established a
virtual Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. If Granite deGides to rearrange an existing
virtual Collocation arrangement, Granite must submit a new
application outlining the details of the rearrangement along with a
Virtual Engineering/Major Augment fee.
Application of Rates and Charges.
Billina. Verizon will apply charges (e., nonrecurring and recurring
rates for entry fiber, power, etc.) and commence billing for the virtual
Collocation arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control.
The readiness of Granite to utilize the completed virtual Collocation
arrangement will not impair the right of Verizon to commence billing.
Verizon shall charge Granite for all costs incurred in providing the
virtual Collocation arrangement, including, but not limited to, Verizon
planning, engineering and installation time and costs incurred by
Verizon for inventory services. Any and all expenses associated with
placing Granite s fiber in manhole zero, including license fees, shall be
the responsibility of Granite.
Virtual Enaineerina Fee. Verizon will require a Virtual
Engineering/Major Augment fee (NRC) per virtual Collocation request,
per Premises or other Verizon location where Granite requests to
establish virtual Collocation. A Virtual Engineering/Major Augment fee
is required to be submitted by Granite with its application. This fee
applies for all new virtual Collocation arrangements as well as
subsequent additions to an existing arrangement, and provides for
application processing, and for Verizon s performance of an initial site
visit and an engineering evaluation.
If Granite cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, Granite will be liable for all costs and
liabilities incurred by Verizon in the developing, establishing, or
otherwise furnishing the virtual Collocation arrangement up to the point
of cancellation or withdrawal.
Other Virtual Collocation Rate Elements.The application, description
and rates of Collocation rate elements that are also applicable for
Virtual Collocation are described in Appendix A.
Granite Comp_v2.7c.doc 145
Conversions.Requests for converting Virtual Collocation
arrangements to Caged or Cage less arrangements shall be submitted
and designated as an Augment Application described in Section 1.
Requests for converting a Virtual arrangement to a Cageless
arrangement that requires no physical changes to the arrangement will
be assessed a Minor Augment fee. All other conversion requests for
Virtual to Caged or Cageless will be assessed an Engineering/Major
Augment Fee and other applicable charges. Verizon will notify Granite
within ten (10) Business Days following receipt of the completed
Augment Application if Granite conversion request is accepted or
denied. When converting a Virtual arrangement to a Caged or
Cage less arrangement, Granite s equipment may need to be
relocated. The CLEC will be responsible for all costs associated with
the relocation of its equipment as described in Section 1.
Microwave Collocation.
Microwave Collocation is available on a first-come first-served basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Verizon facilities through the Collocation arrangement. Unless
otherwise specified in this Section 1., the provisions contained in other
sections of the Collocation Attachment shall apply to Microwave Collocation.
10.Accommodations . Verizon will provide space within the cable riser
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Verizon s interconnection
point. Waveguide may not be placed in Verizon cable risers or racks.
Verizon reserves the right to prohibit the installation of wav~guide
metallic conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required will be discussed during the pre-construction
survey.
Verizon will designate the space in, on or above the exterior walls and
roof of the premises, which will constitute the roof space or
transmitter/receiver space. Verizon may require Granite
transmitter/receiver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or relay rack mounted. Verizon
may enclose Granite s multiplexing node or transmitter/receiver
equipment in a cage or room.
At the option of Verizon, the antenna support structure shall be built,
owned and maintained by either Verizon or by Granite. Verizon
reserves the right to use existing support structures for Granite
antenna, subject to space and capacity limitations. Verizon also
reserves the right to use any unused portion of a support structure
owned by Granite for any reason, subject to the provisions set forth
below. It shall be the responsibility of the owner of the support
structure to maintain a record of the net book value of the structure.
When Verizon is the owner of the structure, it shall keep such records
in accordance with the FCC's Part 32 uniform system of accounts.
Granite - Comp- v2.7c.doc 146
10.
10.
When Granite is the owner of the structure, it shall keep such records
in accordance with generally accepted accounting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilities, transmitter/receiver
equipment may be located in Granite s interior Collocation space , or in
a separate location inside or on the exterior of the building as
determined by Verizon.
Security. Verizon will permit Granite s employees, agents and
contractors approved by Verizon to have access to the areas where
Granite s microwave antenna and associated equipment (e.g., tower
and support structure, transmitter/receiver equipment, and waveguide
and/or coaxial cable) is located during normal business hours for
installation and routine maintenance, provided that Granite employees,
agents and contractors comply with the policies and practices of
Verizon pertaining to fire, safety and security. Such approval will not
be unreasonably withheld. During non-business hours, Verizon will
provide access on a per event basis.
Verizon will also permit all approved employees, agents and
contractors of Granite to have access to Granite s cable and
associated equipment (e., repeaters). This will include access to
riser cable, cableways , and any room or area necessary for access.
Safety and Technical Standards. Verizon reserves the right to remove
facilities and equipment from its list of approved products if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibility and
electrical safety generic criteria for network telecommunication
equipment specified in GR - 1089 - CORE. Verizon will provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible,
Verizon reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over 10 feet in height, Granite or if applicable, Verizon, shall
have the complete structure, including guys and supports, inspected
every two years by an acceptable licensed professional engineer of its
choice specializing in this type of inspection. For Granite owned
structures that are solely for the use of one CLEC's antenna(s), such
inspection will be at Granite s own cost and expense. For structures
used by multiple CLECs, the costs associated with such inspection
shall be apportioned based on relative capacity ratios. A copy of this
report may be filed with Verizon within 10 days of the inspection. The
owner shall be responsible to complete all maintenance and/or repairs
as recommended by the engineer, within 90 days.
Granite Comp- v2.7c.doc 147
Granite shall provide written notice to Verizon of any complaint (and
resolution of such complaint) by any governmental authority or others
pertaining to the installation , maintenance or operation of Granite
facilities or equipment located in roof space or transmitter/receiver
space. Granite also agrees to take all necessary corrective action.
All Granite microwave equipment to be installed in or on the exterior of
Verizon premises must be on the Verizon s list of approved products
or equipment that is demonstrated as complying with the technical
specifications described herein. Where a difference may exist in the
specifications, the more stringent shall apply.
Granite must comply with Verizon technical specifications for
microwave Collocation interconnection specified in NIP - 74171 and
Verizon s digital switch environmental requirements specified in NIP-
74165, as they relate to fire, safety, health, environmental , and
network safeguards, and ensure that Granite provided equipment and
installation activities do not act as a hindrance to Verizon services or
facilities, Granite s equipment placed in or on roof space or
transmitter/receiver space must also comply with all applicable rules
and regulations of the FCC and the FAA.
Granite facilities shall be placed, maintained, relocated or removed in
accordance with the applicable requirements and specifications of the
current edition of NIP - 74171 , national electric code , the national
electrical safety code, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
All Granite microwave facilities must comply with Bellcore
specifications regarding microwave and radio based transmission and
equipment, CEF, BR - 760 - 200 - 030, and SR - TAP - 001421; and
Verizon s practices as they relate to fire, safety, health, environmental
safeguards transmission and electrical grounding requirements, or
interference with Verizon services or facilities.
The equipment located in , on or above the exterior walls or roof of
Verizon s building must either be on Verizon s list of approved
products or fully comply with requirements specified in GR - 63
CORE, GR -1089 - CORE and NIP 74171. This equipment must
also comply with NIP - 74160 , Premises engineering environmental
and transmission standards as they relate to fire, safety, health
environmental safeguards, or interference with Verizon service or
facilities.
Each transmitter individually and all transmitters collectively at a given
location shall comply with appropriate federal, state and/or local
regulations governing the safe levels of radio frequency radiation. The
minimum standard to be met by Granite in all cases is specified in
ANSI C95.1 -1982.
Granite equipment must conform to the same specific risk, safety,
hazard standards which Verizon imposes on its own premises
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher. Granite equipment is not required to meet the same
performance and reliability standards as Verizon imposes on its own
Granite - Comp- v2.7c.doc 148
10.4
10.
10.
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher.
Placement and Removal of Facilities and Equipment.Prior to
installation of Granite s facilities or transmission equipment for
microwave interconnection , Granite must obtain at its sale cost and
expense all necessary licenses, permits, approvals , and/or variances
for the installation and operation of the equipment and particular
microwave system, and when applicable for any towers or support
structures, as may be required by authorities having jurisdiction.
Granite is not permitted to penetrate the building exterior wall or roof
when installing or maintaining transmission equipment and support
structures. All building penetration will be done by Verizon or a hired
agent of Verizon.
Any Granite s equipment used to produce or extract moisture must be
connected to existing or newly constructed building or roof top
drainage systems, at the expense of Granite.
Granite will be responsible for supplying, installing, maintaining,
repairing and servicing the following microwave specific equipment:
Waveguide, waveguide conduit, and/or coaxial cable, the microwave
antenna and associated tower and support structure and any
associated equipment; and the transmitter/receiver equipment and any
required grounding.
Granite may install equipment that has been deployed by the Verizon
for five years or more with a proven safety record.
Moves, Replacements or Other Modifications.Where Granite intends
to modify, move replace or add to equipment or facilities within or
about the roof space or transmitter/receiver space(s) and requires
special consideration (e., use of freight elevators, loading dock
staging area, etc.), Granite must request and receive written consent
from Verizon. Such consent will not be unreasonably withheld.
Granite shall not make any changes from initial installation in terms of
the number of transmitter/receivers, type of radio equipment, power
output of transmitters or any other technical parameters without the
prior written approval of Verizon.
Space and Facilities. Monthly rates are applicable to each microwave
CLEC for the space (generally on the premises roof) associated with
Verizon or Granite owned antenna support structures. The rate is
calculated using the rate per square foot, multiplied by the square
footage of the footprint, which resultant is multiplied by the CLEC'
relative capacity ratio (RCR), (Le., the sum of the RCRs of each of the
CLEC's antennas).
Square footage for the footprint will be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
structures used by CLEC. For a non-rectangular footprint, the length
will be measured at the longest part of the footprint and the width will
be the widest part of the footprint.
Granite I D _Comp- v2. 7c.doc 149
10.
10.
Granite Comp_v2.7c.doc
The owner of the support structure may charge CLECs proposing to
use the structure, on a one-time basis, for the following costs and/or
values. Any incremental costs associated with installing the user
antenna, including but not limited to, the costs of engineering studies
roof penetrations, structural attachments, support structure
modification or reinforcement, zoning and building permits. A portion
of the net book value of the support structure based on the RCR of the
user s proposed antenna(s) to be mounted on the structure. A user
RCR represents the percent of the total capacity of the support
structure used by user s antenna(s) on the structure. Spare capacity
shall be deemed to be that of the owner of the structure. RCRs shall
be expressed as a two place decimal number, rounded to the nearest
whole percent. The sum of all user s RCRs and the owner s RCR shall
at all times equal 1.00. It shall be the responsibility of the owner of the
structure to provide the proposed user the net book value of the
structure at the time of the proposed use. Upon request, the owner
shall also provide the proposed user accounting records or other
documentation supporting the net book value.
The owner of the structure may not assess other users of the structure
any charges in addition to the one-time charge described above,
except that the owner of the structure may assess other user s a
proportionate share of inspection costs and Verizon may assess
microwave CLECs monthly recurring charges for use of its roof space.
At the time a CLEC (including the owner) proposes to attach additional
antennas to an existing support structure, it shall be the responsibility
of that CLEC to obtain, at their cost and expense, an engineering
analysis by a registered structural engineer to determine the relative
capacity ratio of all antennas on the structure, including the proposed
antennas.
When a CLEC is the owner of the structure, the proposed user shall
pay the owner directly the one-time charge as set forth above. When
Verizon is the owner of the support structure, it shall determine the
charge on an individual case basis. In the event that a CLEC who
owns the support structure fails to comply with these provisions, at
Verizon s option, ownership of the support structure shall transfer to
Verizon.
Costs incurred by Verizon to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto
in order to insure that such loadings meet generally accepted
engineering criteria for radio tower structures, will be billed to Granite.
Emerqencv Power and/or Environmental Support. In the event special
work must be done by Verizon to provide emergency power or
environmental support to the transmitter/receiver equipment or
antenna, Granite will be billed on a time and materials basis for the
costs incurred.
Escortinq . When Granite personnel are escorted by a qualified
Verizon employee for access to the roof space, transmitter/receiver
space, or cable risers and racking for maintenance, the miscellaneous
labor charges as set forth in Appendix A will apply.
150
911 ATTACHMENT
911/E-911 Arrangements
Granite 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
Granite 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 Granite with the appropriate
CLLI codes and specifications of the Tandem Office serving area. In areas
where E-911 is not available, Granite and Verizon will negotiate arrangements to
connect Granite to the 911 service in accordance with applicable state law.
Path and route diverse Interconnections for 911 /E-911 shall be made at the
technically feasible Point of Interconnection on Verizon s network at which the
Parties interconnect, 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
Granite, to include all required information and applicable forms, and to the
extent authorized by the relevant federal , state, and local authorities, Verizon will
provide Granite, where Verizon offers 911 service, with the following at a
reasonable fee, if applicable:
3.4
Electronic Interface
a file via electronic medium containing the Master Street Address
Guide ("MSAG") for each county within the LATA(s) where Granite is
providing, or represents to Verizon that it intends to provide within sixty
(60) days of Granite 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 CLLI code of each 911 /E-911 selective router
or 911 Tandem office(s) in the area in which Granite 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.
any special 911 trunking requirements for each 911 /E-911 selective
router or 911 Tandem Office, where available, and;
prompt return of any Granite 911/E-911 data entry files containing
errors, so that Granite may ensure the accuracy of the Customer
records.
Granite shall use, where available, the appropriate Verizon electronic interface, through
which Granite shall input and provide a daily update of 911/E-911 database information
related to appropriate Granite Customers. In those areas where an electronic interface is
not available, Granite 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
Granite - Comp- v2.7c.doc 151
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 Emergency Number Association standards (NENA). Granite may also use the
electronic interface, where available, to query the 911/E-911 database to verify the
accuracy of Granite Customer information.
911 Interconnection
Verizon and Granite will use commercially reasonable efforts to facilitate the prompt,
robust, reliable and efficient interconnection of Granite systems to the 911/E-911
platforms and/or systems.
911 Facilities
Granite shall be responsible for providing facilities from the Granite End Office to the 911
Tandem or selective router. Granite 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
Granite. Therefore, for those ported telephone numbers using INP , Granite 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, Granite 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. Granite will include their NENA five
character Company Identification ("COlD") for inclusion in the All display.
Granite 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 Granite s NENA
COlD to lock and unlock records and the posting of Granite 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 Granite 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
Granite will compensate Verizon for connections to its 911/E-911 platform and/or system
pursuant to the rate schedule included in the Pricing Attachment.
911 Rules and Regulations
Granite 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 the State of Idaho.
G ranite ID - Comp- v2. 7c.doc 152
Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a service or arrangement offered under this Attachment
Verizon reserves the right to negotiate in good faith with Granite reasonable terms and
conditions (including, without limitation, rates and implementation timeframes) for such
service or arrangement; and, if the Parties cannot agree to such terms and conditions
(including, without limitation, rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
Granite Comp_v2.7c.doc 153
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 of this Attachment, 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 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attachment
that do not include a Charge, either marked as "TBD" or otherwise, Verizon is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("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 this Agreement and
thereafter shall bill Granite, and Granite shall pay to Verizon , for services
provided under this Agreement on the Effective Date and thereafter in
accordance with such Charge. Any notice provided by Verizon to Granite
pursuant to this Section 1.4 shall be deemed to be a part of Appendix A of this
Pricing Attachment immediately after Verizon sends such notice to Granite and
thereafter.
The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Tariff Charges. 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 of this Attachment, 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 of this Attachment, 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 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
Verizon Telecommunications Services Provided to Granite for Resale Pursuant to
the Resale Attachment
G ranite Comp- v2.7c.doc 154
Verizon Telecommunications Services for which Verizon is Required to Provide a
Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
1.4
The Charges for a Verizon Telecommunications Service purchased by
Granite 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;
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
wholesale discount stated in Appendix A for Verizon
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 Granite 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 Granite for resale pursuant
to Section 251 (c)(4) of the Act.
Notwithstanding Sections 2.1 and 2.2 of this Attachment, 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 Granite 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 2.1 .3 of
this Attachment shall not be applied to:
Granite Comp_v2.7c.doc 155
Short term promotions as defined in 47 CFR ~ 51.613;
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 discount under
Section 251 (c)(4) of the Act.
1 .5.4
Verizon Telecommunications Services for which Verizon is Not Required to
Provide a Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
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 Granite
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 Charges.
Granite Prices
Granite 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 Granite.
Notwithstanding any other provision of this Agreement, the Charges that Granite bills
Verizon for Granite s Services shall not exceed the Charges for Verizon s comparable
Services, except to the extent that Granite s cost to provide such Granite s Services to
Verizonexceeds the Charges for Verizon s comparable Services and Granite has
demonstrated such cost to Verizon, or, at Verizon s request, to the Commission or the
FCC.
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
Granite Comp- v2.7c.doc 156
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).
Granite Comp- v2.7c.doc 157
APPENDIX A TO THE PRICING ATT ACHMENT
V1.
Rates and Charges for Transport 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 percent (5%) of the Tandem Transit Traffic
Service Charges assessed during the billing period for Tandem Transit Traffic
exchanged with the relevant third party carriers.
Transit Service Trunkin~ Charge (for each relevant third party carrier) - For each
DS1 equivalent volume (or portion thereof) of Tandem Transit Traffic exchanged
with the relevant third party carrier during a monthly billing period: an amount
equal to the total monthly rate for 24 channels (DS1 equivalent) for Switched
Access, Access Tandem Dedicated Trunk Port DS1, as set forth in Verizon Tariff
FCC No. 14, as amended from time to time.
Entrance Facility and Transport for Interconnection Charges: See Intrastate
Special Access Tariff
In the event this Appendix A refers to a service that is not available under the Agreement, the Agreement shall
control. Nothing in this Appendix A shall be deemed to require Verizon to provide a service that the Agreement does not
require Verizon to provide.
All rates and charges specified herein are pertaining to the Interconnection Attachment.
A ees busy hour equivalent of 200 000 combined minutes of use.
Granite Comp_v2.7c.doc 158
II.Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
. Ordering and Provisioning
Engineered Initial Service Order (ISO) - New Service
Engineered Initial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered Initial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered Initial Service Order - As Specified
Non-Engineered Subsequent Service Order
Central Office Connect
Outside Facility Connect
Manual Ordering Charge
Product Specific
$273.
$ 11.
$311.
$123.
$ 59.
$ 42.
$ 21.
$ 82.
$ 19.
$ 12.
$ 68.
$ 12.
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail
tariff. No discount applies to such NRCs.
Custom Handling
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
ISO
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour:
ISO
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion per Additional Quarter Hour:
ISO
Central Office Connection
Outside Facility Connection
Granite Comp- v2.7c.doc 159
$ 35.48
$ 12.
$ 17.
$ 10.$ 9.
$ 30.
$ 42.
$ 38.
6.40
$ 10.$ 9.
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that
Granite orders any service from this Agreement.
Customer Record Search applies when Granite requests a summary of the
services currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered Initial Service Order - New Service applies per Local Service
Request (LSR) when engineering work activity is required to complete the order
g. digital loops.
Non-Engineered Initial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
Initial Service Order - As Specified (Engineered or Non-Engineered) applies only
to Complex Services for services migrating from Verizon to Granite. Complex
Services are services that require a data gathering form or has special
instructions.
Non-Engineered Initial Service Order - Changeover applies only to Basic
Services for services migrating from Verizon to Granite. End-user service may
remain the same or change.
Central Office Connect applies in addition to the ISO when physical installation is
required at the central office.
Outside Facility Connect applies in addition to the ISO when incremental
fieldwork is required.
Manual Ordering Charge applies to orders that require Verizon to manually enter
Granite s order into Verizon s Secure Integrated Gateway System (SIGS), e.
faxed orders and orders sent via physical or electronic mail.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and
Provisioning NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if Granite
requests service prior to the standard due date intervals.
Coordinated Conversion applies if Granite requests notification and coordination
of service cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Granite 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.
Granite Comp_v2.7c.doc 160
III.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
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 PAl Digital Trunk Side Port
Usage Charges (must purchase Port)
Local Central Office Switching
(Overall Average MOU)
Common Shared Transport
Transport Facility (Average MOU/ALM)
Transport Termination (Average MOU/Term)
Tandem Switching (Average MOU)
Terminating to Originating Ratio
45.
67.
45.
67.
160.
320.
26.
16.
26.
31.
45.
BFR
19.40
70.
227.
0050687
0000021
0001106
0017134
4 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,ote,com/wise for former GTE service areas and http://www.bell-atl.com/whoiesale/htmilresources,htm for
former Bell Atlantic service areas.
G ranite Comp- v2. 7c.doc 161
Dedicated Transport Facilities
CLEC Dedicated Transport
CDT 2 Wire
CDT 4 Wire
CDT DS1
CDT DS3 Optical Interface
CDT DS3 Electrical Interface
$ 33.
$ 53,
$ 300.
$ 1 312.
$ 1 750.
Interoffice Dedicated Transport
IDT DSO Transport Facility per ALM
IDT DSO Transport Termination
IDT DS1 Transport Facility per ALM
IDT DS1 Transport Termination
IDT DS3 Transport Facility per ALM
IDT 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
Intermediate Office Cross Connect
67.
53.
13.
24;80
TBD
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
Granite Comp- v2.7c.doc 162
UNE-P Pricing
MACs. The MAC for a UNE-P will generally be equal to the sum of the MACs 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
T/O 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 loop/port configurations as shown below.
If the price for any component of these platforms is not set forth herein , Verizon will use
the ICB 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 BAI Platform consists of the following components:
UNE 2-wire Digital loop; and
UNE ISDN BAI Digital Line Side port
UNE ISDN PAl Platform consists of the following components:
UNE DS1 loop; and
UNE ISDN PAl Digital Trunk Side port
UNE DS1 Platform consists of the following components:
UNE DS1 loop; and
UNE DS1 Digital Trunk Side port
NACs. Optional NACs will apply as ordered by the CLEC including such charges as
Expedites, Coordinated Conversions, loop Conditioning, etc.
EEL Pricing
MACs. The MACs for an EEL will generally be equal to the applicable MACs for UNEs
and Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, IDT, CDT
Multiplexing, & Clear Channel Capability).
Granite Comp- v2.7c.doc 163
Line Splitting
Except as noted in the following paragraph, the provider of voice services in a Line
Splitting arrangement ("VLEC") will be billed for all charges associated with the Network
Elements and other Verizon services, facilities and arrangements, used in conjunction
with the Line Splitting arrangement ("Line Splitting Arrangement"), regardless of which
CLEC in the Line Splitting Arrangement orders the Network Elements or other Verizon
services, facilities or arrangements. These charges include, but are not limited to, all
applicable non-recurring charges and monthly recurring charges related to such Line
Splitting Arrangement, including but not limited to UNE-P (2-wire digital UNE loop or 2-
wire ADSL capable UNE loop, UNE switch port, UNE local switching usage, UNE local
transport and usage rates), testing, pre-qualification, OSS, line conditioning, CLEC
account establishment and misdirected trouble charges.
The CLEC with the applicable collocation arrangement will be billed for splitter
establishment and collocation related charges.
5 Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements and
Collocation.
Granite - Comp_v2. 7c.doc 164
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.
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.
Granite Comp_v2,7c.doc 165
NON-RECURRING CHARGES - OTHER UNEs
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.
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
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)$161.$99.$41.N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-$7.$4.$41.N/A
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As Is)$179.$117.$41.N/A
Advanced - Complex (DS1 and above) Changeover (As Is)-$7.$4.$41.N/A
Additional MOG (Mass Order Generator) Only
Granite Comp_v2.7c.doc 166
UOOp..CONi:)ilfIONiNG
. ,
(~~r ~11i!!g~ft~t.:I!QQPs1
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.
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.
J1NIE OICATE
I'Pl1Ip
.,~ ,
ELarrB
Advanced - Basic(2-wire and 4-wire) - Initial $ 95.49 $ 63.$428.N/A
Advanced - Basic (2-wire and 4-wire)- Subsequent $ 45.$ 28.$ 58.N/A
Advanced - Complex (DS1 and above) - Initial $105.$ 72.$584.49 N/A
Advanced - Complex(DS1 and above) - Subsequent $ 45.$ 28.$ 86.N/A
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
6 These charges are interim and subject to retroactive true back to the Effective Date of this Agreement.
Granite I D - Comp- v2. 7 c.doc 167
Facilities and Trunks - Initial
Facilities and Trunks - Subsequent (with Engineering Review)
Facilities and Trunks - Subsequent (w/o Engineering Review)
Trunks Only - Initial
Trunks Only - Subsequent (with Engineering Review)
Trunks Only - Subsequent (w/o Engineering Review)
STP Ports (SS7 Links)
$237.
$ 71 .
$ 71 .
$126.
$ 49.46
$ 49.46
$237.
$205.
$ 55.
$ 55.
$ 93.
$ 33.
$ 33.
$205.
$568.
$213.
$ 67.
$505.41
$202.
$ 67.
$438.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Exchange Products
Advanced Products
$ 3.
$ 25.
$ 3.
$ 25.
N/A
N/A
N/A
N/A
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 4.
$166.
$40.
$166.
$40.
N/A
N/A
N/A
N/A
N/A
N/A
CLEC Splitter Connection - Initial
CLEC Splitter Connection - Subsequent
Granite Comp_v2.7c.doc 168
$ 32.
$ 13.
$ 22.
$ 9.
$ 53.
$ 14.49
$ 47.
$ 13.
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that
Granite orders any service from this Agreement.
Customer Record Search applies when Granite 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.
Granite I D Comp_v2. 7c.doc 169
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 Granite requests service prior to the standard
due date intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if Granite requests notification and coordination
of service cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Granite 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.
Granite I D Comp- v2.7c.doc 170
IV.Rates and Charges for 911
See State Tariff.
Granite Comp- v2. 7c.doc 171
Collocation Rates
CAGEDCOl.l.JDCAtIONR~1I1E.Si0
Elements Increment NRC / MRC Rate
Non-Recurrin Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC 129.
Minor Augment Fee per occurrence NRC 200.
Access Card Administration (New/Replacement)per card NRC 22.
Cage Grounding Bar per bar NRC 1,437.
DC Power per 40 amps NRC 731.
per amp NRC
Overhead Superstructure per project NRC 440.
Facility Cable or Fiber Optic Patch cord PulllTermination
Engineering per project NRC 76.
Facility Cable Pull per cable run NRC 211.
Fiber Optic Patchcord Pull per cable run NRC 207.
DSO Cable Termination per 100 pair NRC
DS1 Cable Termination per 28 pair NRC
DS3 Coaxial Cable Termination (Preconnectorized)per termination NRC
DS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11.
Fiber Optic Patchcord Termination per termination NRC
Fiber Cable Pull
Engineering per project NRC 607.
Place Innerduct per lin ft NRC
Pull Cable per lin ft NRC
Cable Fire Retardant per occurrence NRC 42.
Fiber Cable Splice
Engineering per project NRC 31.
Splice Cable per fiber NRC 70.
BITS Timing per project NRC 307.
Monthl Recurrin Prices
Caged Floor Space including Shared Access Area per sq ft MRC
DC Power per 40 amps MRC 592.
per amp MRC
Building Modification per request MRC 201 .
Environmental Conditioning per 40 amps MRC 92.
per amp MRC
Facility Termination
DSO per 1 00 pr MRC
DS1 per 28 pr MRC 16.
DS3 per DS3 MRC 11.
Fiber Optic Patchcord per connector MRC
Cable Rack Space - Metallic per cable run MRC
Cable Rack Space - Fiber per innerduct ft MRC
Fiber Optic Patchcord Duct Space per cable run MRC
Manhole Space - Fiber per project MRC
Subduct Space - Fiber per lin ft MRC
Cable Vault Splice
Granite Comp_v2.7c.doc 172
'C~GEDCOI..iLOC:AnONR1\TiEc$,:1:!~t .
Elements
Fiber Cable - 48 Fiber
Material
Space Utilization in Vault
Fiber Cable - 96 Fiber
Material
Space Utilization in Vault
BITS Timing
Granite Comp_v2.7c.doc
per splice MAC 10.
per subduct MAC
per splice MAC 27.
per subduct MAC
per occurrence MAC 11.
173
CAGEL.:E$$ .COL.:I..OCATIOtJIRATES .
Elements Increment NRC / MRC
Non-RecurrinQ Prices
Engineering Costs
Engineering/Major Augment Fee
Minor Augment Fee
Access Card Administration (New/Replacement)
DC Power
per occurrence NRC 129.
per occurrence NRC 200.
per card NRC 22.
per 40 amps NRC 731.
per amp NRC
per project NRC 2,440.
per project NRC 76.
per cable run NRC 211.
per cable run NRC 207.
per 100 pair NRC
per 28 pair NRC
per termination NRC
per termination NRC 11.
per termination NRC
per project NRC 607.
per lin ft NRC
per lin ft NRC
per occurrence NRC 42.
per project NRC 31.
per fiber NRC 70.
per project NRC 307.
Monthl Recurrin Prices
Relay Rack Floor Space per lin ft MRC 20.
DC Power per 40 amps MRC 592.
per amp MRC
Building Modification per request MRC 201.
Environmental Conditioning per 40 amps MRC 92.
per amp MRC
Facility Termination
DSO per 100 pr MRC
DS1 per 28 pr MRC 16.
DS3 per DS3 MRC 11.
Fiber Optic Patchcord per connector MRC
Cable Rack Space - Metallic per cable run MRC
Cable Rack Space - Fiber per innerduct ft MRC
Fiber Optic Patchcord Duct Space per cable run MRC
Manhole Space - Fiber per project MRC
Subduct Space - Fiber per lin ft MRC
Overhead Superstructure
Facility Cable or Fiber Optic Patch cord Pullrrermination
Engineering
Facility Pull
Fiber Optic Patchcord Pull
DSO Cable Termination
DS1 Cable Termination
DS3 Coaxial Cable Termination
(Preconnectorized)
DS3 Coaxial Cable Termination
(Unconnectorized)
Fiber Optic Patchcord Termination
Fiber Cable Pull
Engineering
Place Innerduct
Pull Cable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable
BITS Timing
Granite Comp- v2.7c.doc 174
CAGEL:ESS'COL:l:OCA tiot\! RAiI'1ES!':wk.
Elements
Cable Vault Splice
Fiber Cable - 48 Fiber
Material
Space Utilization in Vault
Fiber Cable - 96 Fiber
Material
Space Utilization in Vault
BITS Timing
Granite Comp- v2.7c.doc 175
Increment Rate
per splice MAC 10.
per subduct MAC
per splice MAC 27.
per subduct MAC
per occurrence MAC 11.
ADJ ACE NTCOJ.:)J.:)OCATI ON RATES
Elements
Non-RecurrinQ Prices
Engineering Fee
Fiber Cable Pull
Engineering
Place Innerduct
Pull Cable
Cable Fire Retardant
Metallic Cable Pull
Engineering
Pull Cable
Cable Fire Retardant
Cable Splice
Engineering
Metallic Cable Splicing (greater than 200
pair)
Metallic Cable Splicing (200 pair or less)
Fiber Cable Splicing (48 fiber cable or less)
Fiber Cable Splicing (greater than 48 fiber)
Facility Pull
Engineering
Facility Pull
Facility Termination
DSO Cable
Connectorized
U nconnectorized
DS1 Cable
Connectorized
Unconnectorized
DS3 (Coaxial) Cable
Connectorized
Unconnectorized
Fiber
BITS Timing
Monthlv RecurrinQ Prices
Cable Space
Subduct Space
Manhole
Subduct
Conduit Space - 4" Duct - Metallic Cable
Manhole
Conduit
Facility Termination
DSO
DS1
DS3
G ranite Comp- v2.7c.doc
Increment NRC / MRC Rate
per occurrence NRC $958.
per project NRC 607.
1 lin ft NRC
1 lin ft NRC
per occurrence NRC 42.
per project NRC 607.
1 lin ft NRC
per occurrence NRC 42.
per project NRC 31.
per DSO/DS1 pair NRC
per DSO/DS1 pair NRC
per fiber NRC 70.
per fiber NRC 65.
per project NRC 76.
1 lin ft NRC
per 100 pr NRC
per 100 pr NRC 42.
per 28 pr NRC
per 28 pr NRC 32.
per DS3 NRC
per DS3 NRC 11.
per fiber term NRC 70.
per project NRC 307.
per project MRC
1 lin ft MRC
per conduit MRC 12.
1 lin ft MRC
per 100 pr MRC
per 28 pr MRC 16.
per coaxial MRC 11.
176
AOJACEN,1I1. POLL OCAl1I0N;'FtATES
Elements Increment Rate
Cable Vault Space
Metallic DSO Cable - 1200 Pair
Material
Space Utilization
Metallic DSO Cable - 900 Pair
Material
Space Utilization
Metallic DSO Cable - 600 Pair
Material
Space Utilization
Metallic DSO Cable 100 Pair
Material
Space Utilization
Fiber Cable - 48 fiber
Material
Space Utilization
Fiber Cable - 96 fiber
Material
Space Utilization
Cable Rack Space
Metallic DSO
Metallic DS1
Fiber
Coaxial
BITS Timing
per splice MAC 464.
per cable MAC
per splice MAC 340.
per cable MAC
per splice MAC 226.
per cable MAC
per splice MAC 47.
per cable MAC
per splice MAC 10.
per subduct MAC
per splice MAC 27.
per subduct MAC
1 lin ft MAC
1 lin ft MAC
per innerduct ft MAC
1 lin ft MAC
per occurrence MAC 11.
Granite Comp_v2.7c.doc 177
VJ RTLI AL'COl:Jl.OC ATIQ.NBATES
Elements
Facility Cable or Fiber Optic Patchcord PulllTerminationEngineering per projectFacility Cable Pull per cable run
Fiber Optic Patchcord Pull per cable runDSO Cable Termination per 100 pairDS1 Cable Termination per 28 pair
DS3 Coaxial Cable Termination per termination
(Preconnectorized)
DS3 Coaxial Cable Termination
(Unconnectorized)
Fiber Optic Patchcord Termination
Fiber Cable Pull
Engineering
Place Innerduct
Pull Cable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable'
BITS Timing
Non-RecurrinQ Prices
Engineering Costs
Engineering/Major Augment Fee
Equipment Installation
Software Upgrades
Card Installation
DC Power
Monthly RecurrinQ Prices
Equipment Maintenance
DC Power
Environmental Conditioning
Facility Termination
DSO
DS1
DS3
Fiber Optic Patchcord
Cable Rack Space - Metallic
Cable Rack Space - Fiber
Fiber Optic Patch cord Duct Space
Manhole Space - Fiber
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Granite Comp- v2.7c.doc 178
per occurrence
per quarter rack
per base unit
per card
per 40 amps
per amp
NRC 557.
NRC 3,474.
NRC 96.
NRC 222.
NRC 731.
NRC
NRC 76.
NRC 211.
NRC 207.
NRC
NRC
NRC
NRC 11.
NRC
NRC 607.
NRC
NRC
NRC 42.
NRC 31.
NRC 70.
NRC 307.
per termination
per termination
per project
per lin ft
per lin ft
per occurrence
per project
per fiber
per project
per quarter rack MRC 82.
per 40 amps MRC 592.
per amp MRC
per 40 amps MRC 92.
per amp MRC
per 1 00 pr MRC
per 28 pr MRC 16,
per DS3 MRC 11.
per connector MRC
per cable run MRC
per innerduct ft MRC
per cable run MRC
per project MRC
per lin ft MRC
VIRTtJ~L COI.1I.i'OC~TIONRAT,ESf:~ ,:1,
Elements
Material
Space Utilization in Vault
Fiber Cable - 96 Fiber
Material
Space Utilization in Vault
BITS Timing
Granite Comp_v2.7c.doc
per splice
per subduct
per occurrence
MAC
MAC
MAC
27.
11.
179
MICR0V\lAYE COlLOCATIONi(=iATES .
Elements
Non-RecurrinQ Prices
Increment NRC / MRC Rate
per occurrence NRC 998.
per project NRC 76.
per linear ft NRC
per occurrence NRC ICB
per occurrence NRC ICB
Augment Fee
Facility Pull
Engineering
Labor
Building Penetration for Microwave Cable
Special Work for Microwave
Monthlv RecurrinQ Prices
Rooftop Space per sq ft MRC
Granite Comp- v2.7c.doc 180
EQICA1fEDJr:RA NSITS E R\1f GECODLO,CA T ION RATES. '
Elements
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Increment NRC / MRC Rate
Non-RecurrinQ Prices
DSO
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
DS1/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
Lit Fiber
Granite I D - Comp- v2. 7 c.doc 181
per order NRC 21.
per order NRC 38.
per jumper NRC
per order NRC 64.
per order NRC 21.
per order NRC 38.
per jumper NRC 17.
per order NRC 78.
ICB
.MISCI;LLA\'i,JEGU$:COLLGCATIO\'i,JSERVICES. "b:;;~
Elements
Labor:
Overtime Installation Labor
Overtime Repair Labor
Additional Installation Testing Labor
Standby Labor
Testing & Maintenance with Other Telcos, Labor
Other Labor
Labor Rates:
Basic Time, Business Day, Per Technician
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Prem.Time, Outside Business Day, Per Tech
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Cable Material
Facility Cable-DSO Cable (Connectorized) 100
pair
Facility Cable-DS1 Cable (Connectorized)
Facility Cable-DS3 Coaxial Cable
Facility Cable-Shielded Cable (Orange Jacket)
Fiber Optic Patchcord - 24 Fiber (Connectorized)
Power Cable-Wire Power 1/0
Power Cable-Wire Power 2/0
Power Cable-Wire Power 3/0
Power Cable-Wire Power 4/0
Power Cable-Wire Power 350 MCM
Power Cable-Wire Power 500 MCM
Power Cable-Wire Power 750 MCM
Facility Cable - Category 5 Connectorized
Collocation Space Report
Granite I D - Comp- v2. 7 c.doc 182
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RateIncrementNRC / MRC
per rates below
per rates below
per rates below
per rates below
per rates below
per rates below
NRC $42.
NRC 21.41
NRC 100.
NRC 75.
NRC 150.
NRC 125.
per cable run NRC 324.
per cable run NRC 301.
per cable run NRC 82.
per cable run NRC 34.
per cable run NRC 810.
per cable run NRC 91.
per cable run NRC 132.
per cable run NRC 146.
per cable run NRC 180.
per cable run NRC 307.
per cable run NRC 428.
per cable run NRC 658.
per linear ft NRC
per premise NRC 218.
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Enqineerinq/Maior Auqment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is sufficient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
sufficient DC power facilities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Office Engineers to attend status meetings.
Enqineerinq/Maior Auqment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is sufficient space, the best
location for the microwave antennae and other exterior facilities, what building modifications are
necessary, if any, and if sufficient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Auqment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual , or Microwave collocation arrangement that does not require
additional AC or DC power systems, HV AC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or software
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration . The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Caqe Groundinq Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator s cage.
BITS Timinq.The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested , it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstructure charge is designed to
recover Verizon s engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facility Cable or Fiber Optic Patchcord PulifTermination-Enqineerinq.The Facility Cable or Fiber
Optic Patchcord PullfTermination-Engineering charge is applied per project to recover the
engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution panel. The charge would also apply per project to recover the engineering costs of
Granite I D Comp- v2.7c.doc 183
pulling transmission cable from microwave antennae facilities on the rooftop to the collocation
cage or relay rack.
Facility Pull.The Facility Pull charge is applied per cable run and recovers the labor cost of
pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distribution panel.
Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord
terminated and is designed to recover the labor cost of terminating transmission cable or fiber
optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block, DSX
panel , or fiber distribution panel.
Fiber Cable Pull-Enaineerina. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Verizon
central office.
Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per
linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pulling
the CLEC's fiber cable into Verizon s central office.
Fiber Cable Pull-Fire Retardant.This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.
Fiber Splice-Enaineerina. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.
Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.
DC Power.The DC Power Charge is applied per 40 load amps requested for each caged
cageless, and virtual collocation application. This NRC recovers Verizon s engineering, material
and installation costs for providing and terminating DC power runs to the collocation area.
Cable Material Charaes. The CLEC has the option of providing its own cable or Verizon may, at
the CLEC's request, provide the necessary transmission and power cables. If Verizon provides
these cables, the applicable Cable Material Charge will be charged.
Adjacent Enaineerina Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer
associated with determining the capabilities of providing Adjacent On-Site collocation. The labor
charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire
center and property, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adjacent Fiber Cable Pull-Enaineerina. The Adjacent Fiber Cable Pull-Engineering fee provides
for engineering associated with pulling the CLEC's fiber cable in an adjacent collocation
arrangement. The Adjacent Fiber Cable Pull-Engineering charge includes the time incurred by
Granite Comp_v2.7c.doc 184
the Outside Plant Engineer on the project to determine the conduit! subduct assignment and
associated outside plant activity to complete the work.
Adiacent Fiber Cable Pull-Place Innerduct.This NRC covers the cost for placing innerduct, if
required for adjacent collocation , which is the split plastic duct placed from the cable vault to the
CLEC's equipment area through which the CLEC's fiber is pulled.
Adiacent Fiber Cable Pull-Labor.This charge covers the labor costs for pulling CLEC fiber cable
for an adjacent collocation arrangement. Refer to Adjacent Fiber Cable Pull-Engineering above.
Adjacent-Cable Fire Retardant.This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Adjacent Metallic Cable Pull-Enqineerinq . This NRC covers the engineering costs of pulling
metallic cable for Adjacent collocation into Verizon s wire center. For Adjacent collocation, the
metallic cable will be spliced in the cable vault to a stubbed connector located on the vertical side
of the main distribution frame to provide proper protection for central office equipment.
Adjacent Metallic Cable Pull Labor. This charge covers the labor costs of pulling metallic cable
for Adjacent collocation into Verizon s wire center.
Adjacent Cable Splice-Enqineerinq . This charge covers the outside plant engineering costs for
cable splice projects associated with an adjacent collocation arrangement.
Adiacent DS1/DSO Cable Splice-Greater Than 200 Pair. This charge is for the labor to splice
metallic cables and is based on a per pair spliced.
Adiacent DS1/DSO Cable Splice-Less Than 200 Pair.This charge is for the labor to splice
metallic cables and is based on a per pair spliced.
Adjacent Fiber Cable Splice. This charge covers the labor to splice fiber cables and is based on
a per fiber spliced.
Adjacent Facility Pull-Enqineerinq. This charge covers the engineering cost associated with the
interconnection wire (cable) from the main distribution frame connector to a termination block or
DSX panel.
Adjacent Facility Pull-Labor.This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX panel.
Adiacent DSO Cable Termination (Connectorized)/Adiacent DSO Cable Termination
(Unconnectorized). These charges cover the labor to terminate these types of interconnection
wire (cable) for adjacent collocation to the main distribution frame block or DSX panel.
Adiacent DS1 Cable Termination (Connectorized)/Adiacent DS1 Cable Termination
(Unconnectorized). These charges cover the labor of terminating these types of interconnection
wire (cable) for adjacent collocation to the main distribution frame block or DSX panel.
Adiacent DS3 Coaxial Cable Termination (Preconnectorized) /Adiacent.These charges cover the
labor of terminating this type of interconnection wire (cable) for adjacent collocation to the main
distribution frame block or DSX panel.
Granite I D - Comp- v2. 7 c.doc 185
Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX panel.
Collocation Space Report. When requested by a CLEC, Verizon will submit a report that
indicates Verizon s available collocation space in a particular premise. The report will be issued
within ten calendar days of the request. The report will specify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report will also include measures that Verizon is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required., to complete a collocation request or
perform inventory services for CLECs.
Facility Pull (Microwave Only). The Facility Pull charge is applied per linear foot and recovers the
labor cost of pulling transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Buildinq Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilities and other exterior facilities to the
transmission equipment in the collocation cage or relay rack will be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Special Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
will be determined and applied on an individual case basis.
Virtual Equipment Installation. The Virtual Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and
installation of the virtual collocation equipment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the installation of splitters.
Virtual Software Uparade. The Virtual Software Upgrade charge is applied per base unit when
Verizon, upon CLEC request, installs software to upgrade equipment for an existing Virtual
Collocation arrangement.
Virtual Card Installation. The Virtual Card Installation charge is applied per card when Verizon , upon
CLEC request, installs additional cards for an existing Virtual Collocation arrangement.
Dedicated Transit Service (DTS) Service Order Charae. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wirina.Applied per DTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1 , DS3,
and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connection Provisionina. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO,
DS1 , DS3, and dark fiber circuits for DTS.
Granite I D - Comp- v2. 7 c.doc 186
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caaed Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relav Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that will be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost
the space that the outside plant fiber occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice.The Fiber Cable Vault Splice charge applies per subduct or per splice
and covers the space and material cost associated with the CLEC's fiber cable splice within
Verizon s cable vault.
Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DSO, DS1 and
DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC'
metallic and coaxial cable occupies within Verizon.
Cable Rack Space-Fiber.The Cable Rack Space-Fiber charge recovers the space utilization
cost that the CLEC's fiber cable occupies within Verizon s cable rack system,
Fiber Optic Patchcord Duct Space.The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central office duct space occupied by the fiber optic patchcord
cable.
DC Power.The DC Power monthly charge is applied on a per 40 load amp basis. This charge is
designed to recover the monthly facility and utility expense to power the collocation equipment.
Facilitv Termination.This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution panel.
BITS Timina. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.
Buildina Modification.The Building Modification monthly charge is applied to each caged and
cage less arrangement and is associated with provisioning the following items in Verizon
premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
Environmental Conditionina.The Environmental Conditioning charge is applied to each caged
cageless, and virtual arrangement on a per 40 amp increment based on the CLEC's DC Power
Granite Comp_v2.7c.doc 187
requirements. This charge is associated with the provisioning of heating, ventilation, and air
conditioning systems for the CLEC's equipment in Verizon s premises.
Adjacent Cable Subduct Space-Manhole. This charge covers the space utilization cost that the
outside plant fiber or metallic cable occupies within the manhole.
Adjacent Cable Subduct Space. The Adjacent Cable Subduct Space charge covers the space
utilization cost of the subduct that the outside plant fiber or metallic cable occupies within the
conduit system.
Adjacent Conduit Space (Metallic)-Manhole.This charge covers the space utilization cost that the
outside plant metallic cable occupies within the manhole.
Adjacent Conduit Space (Metallic). This charge covers the space utilization cost that the outside
plant metallic cable occupies within the conduit system.
Adjacent Facility Termination DSO Cable. This charge is applied per 100 pair cable terminated.
This charge is designed to recover the labor and material cost of the main distribution frame 100
pair circuit block.
Adjacent Facility Termination DS1 Cable. The Facility Termination (DS1) charge is applied per
28 pair DS1 cable terminated. This charge is designed to recover the labor and material cost of
the DSX facility termination panel.
Adjacent Facility Termination DS3 Cable.The Facility Termination (DS3) charge is applied per
DS3 cable terminated. This charge recovers the labor and material cost of the DSX facility
termination panel.
Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.
Adjacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber,
metallic or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.
Microwave Rooftop Space.Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.
Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM , DSLAM, frame relay, routers, OC3, OC12, OC24
OC48, and NGDLC. This charge does not apply for the maintenance of splitters.
G ranite ID _Comp_v2. 7c.doc 188