HomeMy WebLinkAbout20040512Application.pdfVerizon
RECEIVED illFILED
ZtJG!, ~tjlY I Z Ariff :~5 verlmD
May 12, 2004
~_,
PUBLIC
iL I Tit S CDNI"ifSS1Orl
17933 N.W. Evergreen Pkwy
P.O. Box 1100
Beaverton, OR 97076
Ms. Jean Jewell
Idaho Public Utilities Commission
472 W. Washington
Boise, ill
RE: New Agreement between Verizon Northwest Inc. and VOLO Communications of
Idaho, Inc.
Dear Ms. Jewell V2 N" T.-tfJltll
Enclosed for Commission approval is the original and three copies of a new agreement
between Verizon Northwest Inc. and VOLO Communications of Idaho, Inc. VOLO-ill
is adopting the California Agreement between Sprint Communications Company L.P. and
Verizon Northwest Inc. Please call me at (503) 645-7909 if you have any questions.
Sincerely,
..' .-";) ""
Renee Willer
Verizon Northwest Inc.
Enclosures
l1erl791;1Jeffrey A. Masoner
Vice President
Interconnection Services Policy and Planning
Wholesale Marketing
2107 Wilson Boulevard
Arlington, VA 22201
Phone 703974-4610
Fax 703974-0314
ieffrev .masoner ~ verizon.com
December 1 2003
Mr. Shawn M. Lewis
President/CEO
V 010 Communications of Idaho, Inc.
151 S. Wymore Rd., Suite 3000
Altamonte Springs , FL 32714
V2 IV t?/if' tJ
Re: Requested Adoption Under the FCC Merger Conditions
Dear Mr. Lewis:
Verizon Northwest Inc. ("Verizon ), a Washington corporation with its principal place of
business at 1800 41 st Street, Everett, W A 98201 , has received your letter stating that
pursuant to paragraph 32 of the BA/GTE Merger Conditions ("Merger Conditions
released by the FCC on June 16 2000 in CC Docket No. 98-184, Yolo Communications
of Idaho, Inc. ("VOLO-ill"), a Delaware corporation with its principal place of business
at 151 S. Wymore Rd., Suite 3000, Altamonte Springs, FL 32714, wishes to provide
services to customers in Verizon s service territory in the State of Idaho by adopting the
voluntarily negotiated terms of the Interconnection Agreement between Sprint
Communications Company L.P. ("Sprint") and Verizon Northwest Inc., f/k/a GTE
California Incorporated ("Verizon California ) that was approved by the California
Public Utilities Commission as an effective agreement in the State of California, as such
agreement exists on the date hereof after giving effect to operation of law (the "Verizon
California Terms
I understand that YOLO-ill has a copy of the Verizon California Terms which, in any
case, are attached hereto as Appendix 1. Please note the following with respect to
YOLO-ill's adoption of the Verizon California Terms.
By YOLO-ill's countersignature on this letter, YOLO-ill hereby represents and
agrees to the following five points:
VOLO-ill 252132WEST 051303.DOC
(A)
(B)
YOLO-ill agrees to be bound by and adopts in the service territory
Verizon, the Verizon California Terms, as they are in effect on the date
hereof after giving effect to operation of law, and in applying the Verizon
California Terms, agrees that YOLO-ill shall be substituted in place of
Sprint Communications Company L.P. and Sprint in the Verizon
California Terms wherever appropriate.
For avoidance of doubt, adoption of the Terms does not include adoption
of any provision imposing an unbundling obligation on Verizon that no
longer applies under the Report and Order and Order on Remand (FCC
03-36) released by the Federal Communications Commission ("FCC") on
August 21 , 2003 in CC Docket Nos. 01-338, 96-, 98-147 ("Triennial
Review Order ), which became effective on October 2, 2003. In light of
the effectiveness of the Triennial Review Order, any reasonable period of
time for adopting such provisions has expired under the FCC's rules
implementing section 252(i) of the Act (see, e.47 CFR Section
51.809( c)).
(C)Notice to YOLO-ill and Verizon as may be required or permitted under
the Verizon California Terms shall be provided as follows:
To YOLO-ill:
Attention: Nicholas A. Iannuzzi, Jr.
V 010 Communications , Inc.
151 S. Wymore Rd., Suite 3000
Altamonte Springs, FL 32714
Telephone Number: 407/389-3232
Facsimile Number: 407/389-3233
To Verizon:
Director-Contract Performance & Administration
Verizon Wholesale Markets
600 Hidden Ridge, HQEWMNOTICES
Irving, TX 75038
Telephone Number: 972/718-5988
Facsimile Number: 972/719-1519
Internet Address: wmnotices(g)verizon.com
with a copy to:
Vice President and Associate General Counsel
Verizon Wholesale Markets
1515 North Court House Road, Suite 500
Arlington, V A 22201
Facsimile: 703/351-3664
VOLO-ID 252I32WEST 051303.DOC
(D)YOLO-ill represents and warrants that it is a certified provider of local
telecommunications service in the State of Idaho, and that its adoption of
the Verizon California Terms will only cover services in the service
territory of Verizon in the State of Idaho.
(E)In the event an interconnection agreement between Verizon and YOLO-ill
is currently in effect in the State of Idaho (the "Original ICA"), this
adoption shall be an amendment and restatement of the operating terms
and conditions of the Original ICA, and shall replace in their entirety the
terms of the Original ICA. This adoption is not intended to be, nor shall it
be construed to create, a novation or accord and satisfaction with respect
to the Original ICA. Any outstanding payment obligations of the parties
that were incurred but not fully performed under the Original ICA shall
constitute payment obligations of the parties under this adoption.
YOLO-ill's adoption of the Verizon California Terms shall become effective on
December 5, 2003. Verizon shall file this adoption letter with the Idaho Public
Utilities Commission ("Commission ) promptly upon receipt of an original of this
letter, countersigned by an authorized officer of YOLO-ill. The term and
termination provisions of the Sprint/V erizon California agreement shall govern
YOLO-ill's adoption of the Verizon California Terms. YOLO-ill's adoption of
the Verizon California Terms is currently scheduled to expire on April 15, 2004.
As the Verizon California Terms are being adopted by YOLO-ill pursuant to the
Merger Conditions, Verizon does not provide the Verizon California Terms to
YOLO-ill as either a voluntary or negotiated agreement. The filing and
performance by Verizon of the Verizon California Terms does not in any way
constitute a waiver by Verizon of any position as to the Verizon California Terms
or a portion thereof. Nor does it constitute a waiver by Verizon of any rights and
remedies it may have to seek review of the Verizon California Terms, or to seek
review of any provisions included in these Verizon California Terms as a result of
YOLO-ill's election pursuant to the Merger Conditions.
For avoidance of doubt, please note that adoption of the Verizon California Terms
will not result in reciprocal compensation payments for Internet traffic. Verizon
has always taken the position that reciprocal compensation was not due to be paid
for Internet traffic under section 251 (b )( 5) of the Act. V erizon' s position that
reciprocal compensation is not to be paid for Internet traffic was confirmed by the
FCC in the Order on Remand and Report and Order adopted on April 18, 2001
FCC Remand Order
),
which held that Internet traffic constitutes "information
access" outside the scope of the reciprocal compensation obligations set forth in
section 251 (b )( 5) of the Act. 1 Accordingly, compensation for Internet traffic - if
1 Order on Remand and Report and Order, In the Matters of: Implementation of the Local Competition
Provisions in the Telecommunications Act of 1996 and Intercarrier Compensation for ISP-Bound Traffic,
CC Docket No. 99-68 (reI. April 27, 2001) FCC Remand Order 144 remanded, WorldCom, Inc. v.
FCC, No. 01-1218 (D.C. Cir. May 3, 2002). Although the D.C. Circuit remanded the FCC Remand Order
VOLO-ID 252132WEST 051303.DOC
any - is governed by the terms of the FCC Remand Order not pursuant to
adoption of the Verizon California Terms.2 Moreover
, in light of the FCC
Remand Order even if the Verizon California Terms include provisions invoking
an intercarrier compensation mechanism for Internet traffic, any reasonable
amount of time permitted for adopting such provisions has expired under the
FCC's rules implementing section 252(i) of the Act? In fact, the FCC Remand
Order made clear that carriers may not adopt provisions of an existing
interconnection agreement to the extent that such provisions provide
compensation for Internet Traffic.
YOLO-ill's adoption of the Verizon California Terms pursuant to the Merger
Conditions is subject to all of the provisions of such Merger Conditions. Please
note that the Merger Conditions exclude the following provisions from the
interstate adoption requirements: state-specific pricing, state-specific
performance measures, provisions that incorporate a determination reached in an
arbitration conducted in the relevant state under 47 U.C. Section 252 and
provisions that incorporate the results of negotiations with a state commission or
telecommunications carrier outside of the negotiation procedures of 47 U.
Section 252(a)(1). Verizon, however, does not oppose YOLO-ill's adoption of
the Verizon California Terms at this time, subject to the following reservations
and exclusions:
(A)V erizon' s standard prICIng schedule for interconnection agreements in
Idaho (as such schedule may be amended from time to time) (attached as
Appendix 2 hereto), which includes (without limitation) rates for
reciprocal compensation , shall apply to YOLO-ill's adoption of the
Verizon California Terms. VOLO- ill should note that the aforementioned
pricing schedule may contain rates for certain services the terms for which
are not included in the V erizonCalifornia Terms or that are otherwise not
part of this adoption. In an effort to expedite the adoption process
Verizon has not deleted such rates from the pricing schedule. However
the inclusion of such rates in no way obligates Verizon to provide the
subject services and in no way waives Verizon s rights under the Merger
Conditions.
to permit the FCC to clarify its reasoning, it left the order in place as governing federal law. See
WorldCom, Inc. v. FCC No. 01-1218 , slip Ope at 5 (D.C. Cir. May 3,2002).
2 For your convenience, an industry letter distributed by Verizon explaining its plans to implement the FCC
Internet Order can be viewed at Verizon s Customer Support Website at URL www.verizon.comlwise
(select Verizon East Customer Support, Business Resources, Customer Documentation, Resources,
Industry Letters, CLEC, May 21, 2001 Order on Remand).
See, e.47 C.F.R. Section 51.809(c). These rules implementing section 252(i) of the Act apply to
interstate adoptions under the Merger Conditions as well. See, e.Merger Conditions 132 (such adoptions
shall be made available "under the same rules that would apply to a request under 47 U.C. Section
252(i)"
FCC Remand Order 182.
VOLO-ID 252132WEST 051303.DOC
(B)
(C)
(D)
(E)
YOLO-ill's adoption of the Verizon California Terms shall not obligate
Verizon to provide any interconnection arrangement or unbundled
network element unless it is feasible to provide given the technical
network and Operations Support Systems attributes and limitations in, and
is consistent with the laws and regulatory requirements of the State of
Idaho and with applicable collective bargaining agreements.
Nothing herein shall be construed as or is intended to be a concession or
admission by Verizon that any provision in the Verizon California Terms
complies with the rights and duties imposed by the Act, the decisions of
the FCC and the Commissions, the decisions of the courts, or other law
and Verizon expressly reserves its full right to assert and pursue claims
arising from or related to the Verizon California Terms.
Terms, conditions and prices contained in tariffs cited in the Verizon
California Terms shall not be considered negotiated and are excluded from
YOLO-ill's adoption.
YOLO-ill's adoption does not include any terms that were arbitrated in
the Verizon California Terms.
Verizon reserves the right to deny YOLO-ill's adoption and/or application of the
Verizon California Terms, in whole or in part, at any time:
(A)when the costs of providing the Verizon California Terms to YOLO-ill
are greater than the costs of providing them to Sprint~
(B)if the provision of the Verizon California Terms to YOLO-ill is not
technically feasible~ and/or
(C)if Verizon otherwise is not obligated to permit such adoption and/or
application under the Merger Conditions or under applicable law.
Should YOLO-ill attempt to apply the Verizon California Terms in a manner that
conflicts with paragraphs 3-6 above, Verizon reserves its rights to seek
appropriate legal and/or equitable relief.
In the event that a voluntary or involuntary petition has been or is in the future
filed against VOLO- ill under bankruptcy or insolvency laws, debtor
reorganization or composition (any such proceeding, an "Insolvency
Proceeding ), then: (i) all rights of Verizon under such laws, including, without
limitation, all rights of Verizon under 11 U.C. ~ 366, shall be preserved, and
YOLO-ill's adoption of the Verizon California Terms shall in no way impair
such rights of Verizon~ and (ii) all rights of YOLO-ill resulting from YOLO-ill'
5 Please contact Verizon at your earliest convenience to amend VOLO-ID's adoption regarding any
arbitrated terms.
VOLO-ID 252I32WEST 051303.DOC
adoption of the Verizon California Terms shall be subject to and modified by any
Stipulations and Orders entered in the Insolvency Proceeding, including, without
limitation, any Stipulation or Order providing adequate assurance of payment to
Verizon pursuant to 11 U.C. ~ 366.
VOLO-ID 252I32WEST 051303.DOC
SIGNATURE PAGE
Please arrange for a duly authorized representative of VOLO-ID to sign this letter in the
space provided below and return it to Verizon.
Sincerely,
VERIZON NORTHWEST INC.
resi en - Interconnection Services Policy & Planning
Reviewed and countersigned as to points A, B, C, D and E of paragraph 1: VOLO-
agrees that its adoption of the Terms become effective as of December 5 , 2003, as
specified in paragraph 2, above. VOLO- ID notes, however, its disagreement with several
of the assertions contained in paragraphs 2-8 above, and reserves all rights to seek
appropriate legal, regulatory and/or equitable relief should Verizon act in a manner that
conflicts or is inconsistent with the Terms and/or applicable laws, rules and regulations.
YOLO COMMUNICATIONS OF IDAHO, INC.
~------~
~W(\ m. CeLl),
Title CEO
Attachment
Sherri D. Sebring - Verizon (w/out attachments)
YOLO-ID 252I32WEST 051303
APPENDIX 2
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 (50/0) 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 Trunking Charge (for each relevant third party carrier) - For each DS1
equivalent volume3 (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 2 refers to a service that is not available under the Verizon California Terms, the Verizon
California Terms shall control. Nothing in this Appendix 2 shall be deemed to require Verizon to provide a service that the Verizon
California Terms does not require Verizon to provide.
All rates and charges specified herein are pertaining to the Interconnection Attachment of the Verizon California Terms.
A CCS busy hour equivalent of 200 000 combined minutes of use.
Idaho-10/21/03
II.Prices for Unbundled Network Elements
Monthly Recurring Charges
Local Loop
2 Wire Analog Loop (inclusive of NID)
4 Wire Analog Loop (inclusive of NID)
2 Wire Digital Loop (inclusive of NID)
4 Wire Digital Loop (inclusive of NID)
DS-1 Loop
DS-3 Loop
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 MOUfTerm)
Tandem Switching (Average MOU)
Terminating to Originating Ratio
45.
67.
45.
67.
160.
320.
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.ate.com/wise for former
GTE service areas and http://www.bell-atl.com/whoiesale/html/resources.htm for former Bell Atlantic service areas.
26.
16.
26.
31.
45.
BFR
19.40
70.
227.1 9
0050687
0000021
0001106
0017134
Idaho-1 0/21 /03
Dedicated Transport Facilities
CLEC Dedicated Transport
COT 2 Wire
COT 4 Wire
COT DS1
COT DS3 Optical Interface
COT DS3 Electrical Interface
Interoffice Dedicated Transport
lOT DSO Transport Facility per ALM
lOT DSO Transport Termination
lOT DS1 Transport Facility per ALM
lOT DS1 Transport Termination
lOT DS3 Transport Facility per ALM
lOT DS3 Transport Termination
Multiplexing
DS1 to Voice Multiplexing
DS3 to DS1 Multiplexing
DS1 Clear Channel Capability
Unbundled Dark Fiber
Unbundled Dark Fiber Loops/Sub-Loops
Dark Fiber Loop
Dark Fiber Sub-Loop - Feeder
Dark Fiber Sub-Loop - Distribution
Unbundled Dark Fiber Dedicated Transport
Dark Fiber lOT -Facility
Dark Fiber lOT -Termination
Intermediate Office Cross Connect
$ 33.
$ 53.
$ 300.
$ 1 312.
$ 1 750.
12.
45.
25.
234.
194.
550.
26.
67.
53.
13.
24.
TSD
Idaho-10/21/03
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 1GB
process to determine the appropriate price and TBD pricing shall apply.
UNE Basic Analog Voice Grade Platform consists of the following components:
UNE 2-wire Analog loop; and
UNE Basic Analog Line Side port
UNE ISDN 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, lOT , COT, Multiplexing, & Clear
Channel Capability).
Idaho-10/21/03
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-
(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 andcollocation related charges.
5 Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements and
Collocation.
Idaho-10/21/03
NON-RECURRING CHARGES - LOOP, PORT AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
Ordering and Provisioning
Loop:
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Office Connection
Outside Facility Connection (See Note 1)
NID:
ISO
Outside Facility Connection
Port:
ISO
Subsequent Service Order
Central Office Connection
Custom Handling
Manual Ordering Charge
Service Order Expedite:
Engineered Loop LSRs
All Other LSRs
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
$166.
$ 4.
$294.
$ 49.
$ 12.
$ 68.
$ 33.
$ 42.
$ 50.46
$ 25.
$ 12.
$ 12.
$ 25.
$ 3.
$ 17.
$ 10.$ 9.
$ 30.
$ 42.
$ 38.
6.40
$ 10.$ 9.
Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment of a new
unbundled loop service.
Idaho-10/21/03
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
OS3 to OS1 Multiplexer
OS1 to OSO 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 (OS1 and above) Changeover (As Is)$179.$117.$41.N/A
Advanced - Complex (OS1 and above) Changeover (As Is)-$7.$4.$41.N/A
Additional MOG (Mass Order Generator) Only
Idaho-10/21/03
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.
Advanced - Basic(2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) - Initial
Advanced - Complex(DS1 and above) - Subsequent
$ 95.49
$ 45.
$105.
$ 45.
$ 63.
$ 28.
$ 72.
$ 28.
$428.
$ 58.
$584.49
$ 86.
N/A
N/A
N/A
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 adoption of the Verizon California
Terms.
Idaho-0/21/03
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 Sptitter Connection - Initial
CLEC Splitter Connection - Subsequent
$ 32.
$ 13.
$ 22.
$ '
$ 53.
$ 14.49
$ 47.
$ 13.
Idaho-10/21/03
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that VOLO-
orders any service from the Verizon California Terms.
Customer Record Search applies when VOLO-ID requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each LSR/ASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by the CLEC.
Advanced ISO applies per LSR/ASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSR/ASR when no engineering work activity is required to
complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same ISO.
Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer s needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution
Standard Sub-Loop Feeder, Drop and NID.
Exchange-Complex: Non-loaded Sub-Loop Distribution, Non-load Sub-Loop Feeder
Loop Conditioning, Customized Routing, ISDN BRI Digital Line Side Port and Line
Sharing.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber EELs, and ISDN PAl Digital
Trunk Side Port
Conditioning applies in addition to the ISO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
Idaho-10/21/03
DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation
and grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to UNE-P and EEL orders when an existing retail , resale, or
special access service is already in place.
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to
determine the availability of dark fiber on a specific route.
EELs - The NACs 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 NACs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if VOLO-ID requests service prior to the standard due
date intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if VOLO-ID requests notification and coordination of
service cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if VOLO-ID requests real-time
coordination of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by the CLEC.
Idaho-0/21/03
III.Rates and Charges for 911
See State Tariff.
Idaho-10/21/03
APPENDIX
251/252 AGREEMENT
between
VERIZON CALIFORNIA, INC. F/KIA GTE CALIFORNIA INCORPORATED
AND
SPRINT COMMUNICATIONS COMPANY L.
FOR THE STATE OF CALIFORNIA
251/252 FINAL AGREEMENT
TABLE OF CONTENTS
ARTICLE I SERVICES AND FACILITIES .......................................................................................
1. Definitions. ............................................................................................................................
2. Service and Facility Arrangements.......................................................................................
3. Operations and Administrative Matters. ............................................................................... 4
4. Financial Matters. ................................................................................................................ 8
5. Term and Termination. ....................................................................................................... 14
ARTICLE II G EN ERAL PROVISIONS........................................................................................... 16
1.:. Requ latorv/Leaal Matters.................................................................................................... 16
2. Liability Matters.;................................................................................................................ 17
3. Dispute Resolution.
.............................................................................................................
4. Confidential Information. ..................................................................................................... 25
5. Miscellaneous..................................................................................................................... 27
SIGNATURE PAGE.......................................................................................................................
APPENDIX A TO ARTICLES I & II GLOSSARY........................................................................... 34
INTERCONNECTION ATTACHMENT .............. ......., ...... .................. ........................ .................... 46
1. General............................................................................................................................... 46
2. Service Arranaements Provided Under this Attachment.................................................... 46
3. Operations Matters. ............................................................................................................ 50
4. Technical/Requlatory Requirements and Restrictions . ...................................................... 54
5. Financial Matters. ............................................................................................................... 55
APPENDIX A TO THE INTERCONNECTION ATTACHMENT RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC........................................................................
APPENDIX B TO THE INTERCONNECTION ATTACHMENT RATES AND CHARGES FOR
INTERIM NU MBER PORTABILITY USI NG RCF
................... ..................... ......
............"......... ..... 62
August 21 , 200 Letter agreement.................................................................................................. 64
RESALE ATTACHMENT.... ........"................ .............. ...... ............ .."...... .......... ............... ....... ....... 66
1. General. ....
:............ ..................... ....... ..... ......... ...... .........
..................................... .."........... 66
2. Services. . .................
.......... .......... "'" ...... ........ ....... ........... .......... ....
.................................... 66
3. Operations and Administrative Matters. ............................................................................. 68
4. Billing. ................................................................................................................................. 72
APPENDIX A TO THE RESALE ATTACHMENT SERVICES AVAILABLE FOR RESALE ..........
UNBUNDLED NETWORK ELEMENTS (UNEs) ATTACHMENT.................................................. 75
1. General. ... .....................
.................................... ...................... ..... .....".......... ..,...
.......... ...... 75
2. Description of Individual UNE Offerings. ............................................................................ 75
3. Combinations. ..................................................................................................................... 83
251/252 FINAL AGREEMENT
4. Operations Matters. ............................................................................................................ 84
5. Financial Matters. ............................................................................................................... 90
6. Intellectual Property Matters.
..............................................................................................
7. Line Splittina
.......................................................................................................................
APPENDIX A TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT PRICES FOR
U NBUN OLEO NETWORK ELEMENTS ........... ...................... ......... ............ ....."..... ............... ....... 93
APPENDIX A-1 TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT PRICES FOR
UNBUNDLED NETWORK ELEMENTS (NON-RECURRING CHARGES) ................................. 103
APPENDIX B TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT COMPENSATION
FOR EXCHANGE OF TRAFFIC USING UNBUNDLED ELEMENTS ......................................... 110
APPENDIX C TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT LlNESHARING
..................................................................................................................................................... 115
COLLOCATION ATTACHMENT ..... ...... .......
...."....... .......... .......... ........... ...... .....
........................ 128
251/252 FINAL AGREEMENT
251/252 AGREEMENT
This 251/252 Agreement (the "Agreement") is effective upon the date of execution by both Parties
as contained on the signature page below ("Effective Date ). The Agreement is by and between
Verizon California, Inc. f/k/a GTE California Incorporated , with its address for purposes of this
Agreement at 600 Hidden Ridge Drive, Irving, Texas 75038 C'VERIZON") and SPRINT
Communications Company loP., in its capacity as a certified provider of local telecommunication
services ("SPRINT'), with its address for this Agreement at 8140 Ward Parkway, Kansas City,
Missouri 64114 (VERIZON and SPRINT being referred to collectively as the "Parties" and
individually as a "Party ). This Agreement covers services in the State of California only (the
State
RECIT ALS
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the IIActll) imposes specific
obligations upon VERIZON to negotiate in good faith in accordance with Section 252 of the Act
an agreement embodying the terms and conditions of the provision of certain telecommunications
services and facilities to SPRINT and other terms and conditions that are legitimately related to
and constituting a part of, said arrangements; and
WHEREAS pursuant to Section 252(a) of the Act, SPRINT issued a written request to VERIZON
to enter into said negotiations; and
WHEREAS, the Parties completed good faith negotiations that led to the services and facilities
arrangements, including all legitimately related terms and conditions, described herein.
WHEREAS the Parties substantially completed negotiation of this Agreement prior to June 30
2000.
NOW, THEREFORE in consideration of the mutual provisions contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
without waiving any reservation of rights set forth herein, VERIZON and SPRINT hereby
covenant and agree as follows.
251/252 FINAL AGREEMENT
ARTICLE I
SERVICES AND FACiliTIES
Definitions.
Except as otherwise specified herein, the definitions set forth in the Glossary that is attached
hereto as Appendix A to Articles I and \I shall apply to this Agreement. Additional definitions that
are specific to the matters covered in a particular provision may appear in that provision. To the
extent that there may be any conflict between a definition set forth on Appendix A and any
definition in a specific provision, the definition set forth in the specific provision shall control with
respect to that provision and the Article or Attachment in which such provision shall be included.
Service and Facilitv Arranaements
Standard Alternatives.
VERIZON shall provide to SPRINT the services and/or facilities below pursuant to the
designated service attachment (check all that apply):
Interconnection Attachment
Resale Attachment
UNE Attachment
Collocation Attachment
This Agreement consists of the designated services and/or facilities Attachment(s), and
with respect to each such Attachment, all terms and conditions set forth in Articles I and
II. The terms and conditions in a given Attachment together with all such Article I and \I
terms and conditions are integrally and legitimately related, and shall govern the
provision of the designated services and/or facilities by VERIZON to SPRINT.
Poles. Ducts. Conduits and Riahts-of-Wav
To the extent required by the Act, the FCC , or the Commission, VERIZON and SPRINT
shall each afford to the other access to the poles, ducts, conduits and ROWs it owns or
controls on terms , conditions and prices comparable to those offered to any other entity
pursuant to each Party s tariffs and/or agreements. Accordingly, if VERIZON and
SPRINT desire access to the other Party s poles, ducts, or ROWs, VERIZON and
SPRINT shall adhere to the terms and conditions of the other Party s applicable tariffs
and/or execute separate agreements. SPRINT agrees that pole attachment and conduit
occupancy agreements must be executed separately before it makes any attachments to
VERIZON facilities or uses VERIZON's conduit. Should SPRINT attempt to make any
such attachments to VERIZON's facilities or to use VERIZON's conduit without first
entering into such separate agreements, as applicable , then such actions shall constitute
a breach of this agreement.
Directory Listinas and Directorv Distribution
Separate Aareement.Except as set forth below, SPRINT will be required to
negotiate a separate agreement for directory listings and directory distribution
with VERIZON's directory publication company.
Supplvof Listina Information.SPRINT agrees to supply VERIZON on a regularly
scheduled basis, at no charge, and in a mutually agreed upon format (e.
ordering and billing forum developed), all listing information for SPRINT's
subscribers who wish to be listed in any VERIZON published directory for the
251/252 FINAL AGREEMENT
relevant operating area. Listing information will consist of names, addresses
(including city, state and zip code) and telephone numbers. Nothing in this
Agreement shall require VERIZON to publish a directory where it would not
otherwise do so. Listing inclusion in a given directory will be in accordance with
VERIZON's solely determined directory configuration, scope, and schedules, and
listings will be treated in the same manner as VERIZON's listings.
Distribution Upon directory publication, VERIZON will arrange for the initial and
secondary distribution of the directory to SPRINT Customers in the directory
coverage area at no charge. SPRINT will supply VERIZON in a timely manner
with all required Customer mailing information including non-listed and non-
published Customer mailing information, to enable VERIZON to perform its
distribution responsibilities.
2.4.
Direc orv Assistance (Q8l1igina Informa1jQn2.4
2.4.
2.4.
Definition DA listing information includes the listed names, addresses and
telephone numbers of VERIZON and authorized LEC Customers, except as
otherwise provided herein. DA listing information provided shall indicate whether
the Customer is a residence or business Customer. Excluded are listings for.
restricted LEC lines and non-published listings. VERIZON DA listing information
includes 800/888 listings, non-listed numbers and foreign listings within the
VERIZON franchise.
Availabilitv VERIZON will make available to SPRINT, at SPRINT's request,
VERIZON end-user and authorized LEC DA listing information stored in
VERIZON's DA database for the purposes of SPRINT providing DA service to its
Customers. VERIZON shall provide to SPRINT , at SPRINT's request, DA listing
information within sixty (60) Business Days after an order is received for a
specific state. The DA listing information will be provided in VERIZON format via
magnetic tape or National Data Mover (NOM) as specified by SPRINT. Updates
to the DA listing information shall be provided on a daily basis through the same
means used to transmit the initial load. SPRINT agrees to pay VERIZON'
standard charges for the initial load and daily updates of VERIZON's DA listing
information , which will be provided upon request. The Parties will work together
to identify and develop procedures for database error corrections.
Confidential Information. Such listings shall be confidential information pursuant
to Article II , Section 4 and SPRINT will use the listings only for its DA services to
its Customers. SPRINT is not authorized to release VERIZON's DA listing
information to any third party or to provide DA to any other party using VERIZON
DA listing information, including SPRINT's Affiliates, subsidiaries or partners,
except with the express written permission of VERIZON. In those instances
where SPRINT's affiliates, subsidiaries or partners also desire to use VERIZON'
DA listing information, each affiliate, subsidiary or partner must negotiate a
separate contract with VERIZON to obtain the listings. If SPRINT uses a third-
party DA service for its Customers, SPRINT will ensure that such third party
likewise treats the listings as confidential information pursuant to Article II
Section 4, and uses them only for SPRINT end-user DA. VERIZON will include
SPRINT's DA listing information in VERIZON's DA data base which may be
released to third parties which request VERIZON's DA listing information, unless
SPRINT provides VERIZON written notice within sixty (60) Business Days after
the effective date of this Agreement that its DA listing information is restricted
and should not be released to third parties. In the event that SPRINT does
properly notify VERIZON that its DA listing information is restricted, VERIZON
will so advise third parties requesting such information.
251/252 FINAL AGREEMENT
Dialing Format Changes.
VERIZON will provide notification to SPRINT of changes to local dialing format (Le. 7-
digit, by end office) consistent with FCC or Commission requirements on such
notification.
E911/911.
Except as provided herein , SPRINT will be required to negotiate a separate agreement or
order separately pursuant to applicable VERIZON Tariffs.
Network Elemen Bona Fide Request (BFR)
Each Party shall promptly consider and analyze access to a new unbundled Network
Element with the submission of a Network Element Bona Fide Request hereunder. The
Network Element Bona Fide Request process set forth herein does not apply to those
services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-
141 (reI. Oct. 19, 1992) ~ 259 and n.603 or subsequent orders.
7.4
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 and/or implementing the Network Element Bona Fide Request up to
the date of cancellation.
Within ten (10) business days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
Except under extraordinary circumstances, within thirty (30) days of its receipt of
a Network Element Bona Fide Request, the receiving Party shall provide to the
requesting Party a preliminary analysis of such Network Element Bona Fide
Request. The preliminary analysis shall confirm that the receiving Party will offer
access to the Network Element or will provide a detailed explanation that access
to the Network Element is not technically feasible and/or that the request does
not qualify as a Network Element that is required to be provided under the Act.
If the receiving Party determines that the Network Element Bona Fide Request is
technically feasible and otherwise qualifies under the Act, it shall promptly
proceed with developing the Network Element Bona Fide Request upon receipt
of written authorization from the requesting Party. When it receives such
authorization, the receiving Party shall promptly 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 ~ection 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.
251/252 FINAL AGREEMENT
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.
Operations and Administrative Matters
CLEC Profile.
Before orders can be taken, SPRINT must complete and return the CLEC Profile, and if
required, pay an advance deposit. SPRINT will provide VERIZON with its Operating
Company Number (OCN), Company Code (CC), and Customer Carrier Name
Abbreviation (CCNA) as described in the GTE Guide located on GTE's WISE website at
URL: http://www.gte.com/wise. SPRINT hereby represents and warrants to VERIZON
that it is a certified provider of telecommunications service or shall obtain that certification
prior to placing any orders under this Agreement. SPRINT will document its Certificate of
Operating Authority on the CLEC Profile and agrees to update this CLEC Profile as
required to reflect its current certification.
GTE Guide.
The GTE Guide is an Internet web site that contains VERIZON's operating practices and
procedures; general information for pre-ordering, ordering, provisioning, repair and billing
for resold services and unbundled network elements; and guidelines for obtaining
interconnection with VERIZON's switched network. The Guide is intended to provide
general guidelines and operational and administrative assistance to CLECs seeking to
order services and facilities pursuant to this Agreement. VERIZON agrees that, as
defined by the California ass Change Control Process (as reflected in Decision Number
99-11-026), such changes will be made in accordance with the California ass Change
Control Process. Such guidelines and operating practices and procedures must be
. flexible to accommodate changes in the dynamic telecommunications industry, changes
to promote increased effectiveness and efficiency, etc. Therefore, VERIZON reserves
the right, upon prior advanced notice to SPRINT, to make changes to the Guide.
reserving its right to make changes to the Guide, it is not VERIZON's intention to
discriminate against SPRINT's rights under this Agreement. If, in SPRINT's opinion, a
particular change to the Guide materially and adversely discriminates against SPRINT's
existing rights under this Agreement, SPRINT may so notify VERIZON. If the Parties
cannot resolve SPRINT's concerns within a reasonable amount of time, SPRINT may
invoke the Dispute Resolution provisions in Article II , Section 3 to resolve the matter.
Contact Exchanae.
The Parties agree to exchange and to update contact and referral numbers for order
inquiry, trouble reporting, billing inquiries , and information required to comply with law
enforcement and other security agencies of the government.
3.4 Capacity Planninq and Forecasting.
Within thirty (30) calendar days from the Effective Date, the Parties agree to have met
251/252 FINAL AGREEMENT
and developed joint planning and forecasting responsibilities which are applicable to the
service and facilities Attachments described above in Section 2. Should SPRINT not
perform its obligations as specified by this Section 3.4, VERIZON may increase its
provisioning intervals by as much as 50010 until such time as SPRINT performs the
obligations specified in this Section 3.4. However, nothing contained in this Section 3.4
relieves SPRINT of its obligations to provide VERIZON periodic forecasts. Such
responsibilities shall include, but are not limited to the following:
3.4.The Parties will establish periodic reviews of network and technology plans and
will notify one another no later than six (6) months in advance of changes that
would impact either Party s provision of services.
3.4.SPRINT will furnish to VERIZON information that provides for state-wide annual
forecasts of order activity, in-service quantity forecasts, and facility/demand
forecasts.
3.4.If this Agreement includes an Interconnection Attachment, the Parties will
develop joint forecasting responsibilities for traffic utilization over trunk groups
and yearly forecasted trunk quantities as set forth in that Attachment.
3.4.4 SPRINT shall notify VERIZON promptly of changes greater than thirty percent
(30010) to current forecasts (increase or decrease) that generate a shift in the
demand curve for the following forecasting period.
The Parties' compliance with the requirements of this provision shall not constitute a
waiver of any rights or obligation either Party may have under Applicable Law relative to
the offering and provisioning of services and facilities.
Electronic Interfaces.
The Parties shall work cooperatively in the implementation of electronic gateway access
to VERIZON Operational Support Systems (OSS) functions in the long-term in
accordance with established industry standards. SPRINT should refer to the GTE Guide
for the current ass capabilities.
The Parties agree that the Joint Settlement Agreement ("JSA") entered into
between the Parties, and as reflected in California Public Utilities Commission
Decision Number 99-11-026, shall govern any change management principles
applicable to changes in the OSSs included in Decision Number 99-11-026.
All costs and expenses for any new or modified electronic interfaces exclusively
to meet SPRINT requirements that VERIZON determines are different from what
is Currently Available will be paid by SPRINT , if VERIZON agrees to provide
such new or modified interfaces.
SPRINT shall be responsible for modifying and connecting any of its pre-ordering
and ordering systems with VERIZON provided interfaces as described in the
GTE Guide.
ass Performance Measures.
General.As provided for in California Decision Number 99-08-020, the Parties
will provide a level of service to each other with respect to services and facilities
under this Agreement in compliance with the non-discrimination requirements of
the Act. Performance measures detail the areas of performance to be tracked,
251/252 FINAL AGREEMENT
251/252 FINAL AGREEMENT
reported and audited to evaluate quality of service. The performance measures
and related data will be posted monthly on GTE's WISE website at URL:
http://www.qte.com/wise
Chanqes. Performance measures to measure quality of service are subject to
continued evolution as driven by the industry and state commissi(;ms. To the
extent changes to performance measures adopted in Decision Number 99-08-
020 are adopted by the California Public Utilities Commission, new or modified
performance measures shall be made available to SPRINT and shall
automatically modify and/or replace the existing performance measures
VERIZON currently makes available to all CLECs. To the extent that the
California Public Utilities Commission addresses the issue of incorporating
performance measures, standards, incentives, and related issues into
interconnection agreements in its Rulemaking 97-1 0-016/lnvestigation 97-10-
017, the Parties agree to abide by and implement the Commissions decision.
Description. VERIZON's performance measures are made available on a
nationwide basis to all qualifying CLECs. Such performance measures provide
for standards to measure the quality of services and facilities offered by
VERIZON within the following major categories, which are described below for
purposes of information in the manner set forth in Decision Number 99-08-020:
Pre-orderinq. Pre-ordering activities relate to the exchange of
information between VERIZON and SPRINT regarding current or
proposed Customer products and services, or any other information
required to initiate ordering of service. Pre-ordering encompasses the
critical information needed to submit a provisioning order from SPRINT
to VERIZON. The pre-order measurement reports the timeliness with
which pre-order inquiries are returned to SPRINT by VERIZON. Pre-
ordering query types include: Address Verification/Dispatch required;
Request for Telephone Number; Request for Customer Service Record;
Service Availability; Service Appointment Scheduling (due Date);
Rejected/Failed Inquires; and Facility Availability.
Orderinq . Ordering activities include the exchange of information
between VERIZON and SPRINT regarding requests for service. Ordering
includes: (1) the submittal of the service request from SPRINT, (2)
rejection of any service request with errors and (3) confirmation that a
valid service request has been received and a due date for the request
assigned. Ordering performance measurements report on the timeliness
with which these various activities are completed by VERIZON. Also
captured within this category is reporting on the number of SPRINT
service requests that automatically generate a service order in
VERIZON's service order creation system.
Provisioninq. Provisioning is the set of activities required to install
change or disconnect a Customer s service. It includes the functions to
establish or condition physical facilities as well as the completion of any
required software translations to define the feature functionality of the
service. Provisioning also involves communication between SPRINT
and VERIZON on the status of a service order, including any delay in
meeting the commitment date and the time at which actual completion of
service installation has occurred. Measurements in this category
evaluate the quality of service installations, the efficiency of the
installation process and the timeliness of notifications to SPRINT that
installation is completed or has been delayed.
3.4 Maintenance. Maintenance involves the repair and restoration of
Customer service. Maintenance functions include the exchange of
information between VERIZON and SPRINT related to service repair
requests, the processing of trouble ticket requests by VERIZON, actual
service restoration and tracking of maintenance history. Maintenance
measures track the timeliness with which trouble requests are handled
by VERIZON and the effectiveness and quality of the service restoration
process.
Network Performance. Network performance involves the level at which
VERIZON provides services and facilitates call processing within its
network. VERIZON also has the responsibility to complete network
upgrades efficiently. If network outages do occur, VERIZON needs to
provide notification so appropriate network management and Customer
notification can occur by SPRINT. Network performance is evaluated on
the quality of interconnection , the timeliness of notification of network
outages and the timeliness of network upgrades (code openings)
VERIZON completes on behalf of SPRINT.
BiliinQ. Billing involves the exchange of information necessary for
SPRINT to bill its Customers, to process the end-user s claims and
adjustments, to verify VERIZON's bill for services provided to SPRINT
and to allow SPRINT to bill for access. Billing measures have been
designed to gauge the quality, timeliness and overall effectiveness of
VERIZON billing processes associated with SPRINT Customers.
Collocation VERIZON is required to provide to CLECs available space
as required by law to allow the installation of CLEC equipment.
Performance measures in this category assess the timeliness with which
VERIZON handles SPRINT's request for collocation as well as how
timely the collocation arrangement is provided.
Database updates. Database updates for directory assistance/listings
and E911 include the processes by which these systems are updated
with Customer information which has changed due to the service
provisioning activity. Measurements in this category are designed to
evaluate the timeliness and accuracy with which changes to Customer
information, as submitted to these databases, are completed by
VERIZON.
Interfaces VERIZON provides SPRINT with choices for access to ass
pre-ordering, ordering, maintenance and repair systems. Availability of
the interfaces is fundamental to SPRINT being able to effectively do
business with VERIZON. Additionally, in many instances, SPRINT
personnel must work with the service personnel of VERIZON.
Measurements in this category assess the availability to SPRINT of
systems and personnel at VERIZON work centers.
Law Enforcement Interface.
Except to the extent not available in connection with VERIZON's operation of its own
business, VERIZON shall provide seven day a week/twenty-four hour a day assistance to
law enforcement agencies for installation and information retrieval pertaining to traps
traces, court orders and subpoenas. VERIZON reserves the right to charge for this
service. SPRINT reserves the right to challenge VERIZON's assessment of such
charges for this service.
251/252 FINAL AGREEMENT
Customer Contacts.
Except as otherwise provided in this Agreement or as agreed to in a separate notification
signed by SPRINT , SPRINT shall provide the exclusive interface with SPRINTs
customers in connection with the marketing or offering of SPRINT services. Except as
otherwise provided in this Agreement, in those instances in which VERIZON personnel
are required pursuant to this Agreement to (1) interface on behalf of SPRINT directly with
SPRINTs current customers, or (2) interface directly with "pending" SPRINT customers
for the purpose of effectuating a SPRINT order for change of service, such personnel
shall not identify themselves as representing VERIZON. For purposes of this section, a
pending" SPRINT customer means any VERIZON customer for whom SPRINT has
submitted a valid change in service order, but for whom the change in service has yet to
be completed. In both such instances, all forms, business cards or other business
materials furnished by VERIZON to SPRINT's current or pending customers shall be
generic in nature. In no event shall VERIZON personnel acting on behalf of SPRINT
pursuant to this Agreement provide information to SPRINT customers about VERIZON
products or services unless otherwise authorized by SPRINT.
Nothing in this Section 3.8 shall preclude VERIZON from contacting SPRINT's current or
pending customers in the normal course of VERIZON's marketing and sales activities;
provided, however, that those VERIZON wholesale market personnel responsible for
processing requests for customer service records, change in service orders, or other
requests by SPRINT shall not share any CPNI with VERIZON's retail sales and
marketing personnel in violation of the law or, to the extent required under applicable law
without SPRINT's consent.
Financial Matters.
Rates.
Rate Lists. Except as otherwise provided herein , the rate and charge list for a
given facility or service ordered hereunder shall be set forth as an Appendix to
the facility or service Attachment.
General Terms and Conditions Affectina Rates. Certain rates and charges
specified in this Agreement were taken from the previously arbitrated
Interconnection , Resale and, Unbundling Agreement between GTE and AT&T
Communications of California, Inc. (Arbitrated Agreement), which was approved
by the Commission s Order dated January 13, 1997 (Arbitration Order) in Docket
No. 0.97-01-022. These certain rates and charges were imposed by the
Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and
are indicated as Arbitrated Rates ("AT&T') on the appropriate services appendix
next to the GTE rates and charges ("GTE Rates
The Parties each agree and acknowledge that they have mutually agreed to
incorporate Arbitrated Rates into this Agreement because the Commission has
already issued its decision approving the Arbitrated Rates in the Arbitration
Order, and SPRINT has represented that it would request the same rates and
charges in an arbitration before the Commission. Therefore, for the purposes of
compromise and administrative ease, and in order to temporarily resolve issues
regarding rates and charges without recourse to formal and expensive arbitration
pursuant to Section 252 of the Act, VERIZON agrees to offer to SPRINT the
Arbitrated Rates in this Agreement on an interim basis, subject to the following
express agreements, conditions, limitations and reservation of rights.
251/252 FINAL AGREEMENT
By agreeing to incorporate the Arbitrated Rates into this Agreement,
VERIZON offers the Arbitrated Rates herein solely for the reasons
specified above. VERIZON does not waive, and hereby expressly
reserves, its rights to assert or continue to assert that: (a) certain of the
Arbitrated Rates are unlawful , illegal and improper, including, without
limitation, the positions stated in any pending or future VERIZON court
challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated
Rates do not afford VERIZON the opportunity to recover its actual costs,
as mandated by the Act and applicable law; (c) the Arbitrated Rates
should not have become effective until such time as the Commission has
established an explicit, specific, predictable, sufficient and competitively
neutral universal service mechanism that provides VERIZON the
opportunity to recover its actual costs; and (d) certain provisions of the
FCC's First, Second , Third and Fourth Report and Order in FCC Docket
No. 96-98 and other FCC orders or rules (collectively, the "FCC Orders
are unlawful , illegal and improper. VERIZON further expressly reserves
its past, present and future rights to challenge and seek review of any
and all Arbitrated Rates or any permanent rates or charges established
in any generic rate proceeding or any other proceeding, in any court or
commission of competent jurisdiction or other available forum.
2 VERIZON and SPRINT agree that if the Arbitrated Rates are adjusted or
otherwise modified, in whole or in part, by the Commission in any generic
rate proceeding or any other rate proceeding (including any proceeding
designed to implement deaveraged rates), then the Arbitrated Rates
incorporated into this Agreement shall be deemed to have been
automatically amended, and such amendment shall be effective upon the
date of the applicable Order (the "Rate Modifying Order ), unless the
Rate Modifying Order establishes a different effective date. Such
adjusted or modified rates and charges will be applied prospectively
pending the issuance of a final, binding and non-appealable order in the
subject proceeding. At such time as an applicable Order becomes final
binding and non-appealable, the adjusted or modified rates and charges
established therein shall be applied retroactively to the effective date of
the Rate Modifying Order, unless the applicable Order expressly
specifies otherwise. The Parties will true-up any resulting over or under
billing. Such true-up payments, if any, shall also include interest
computed at the prime rate of the Bank of America, NA in effect at the
date of said final , binding and non-appealable Order. Any underpayment
shall be paid, and any overpayment shall be refunded, within forty-five
(45) Business Days after the date on which such Order becomes final
binding and non-appealable. The Parties agree that the retroactive true-
up provisions of this Section 4.2 shall survive the termination or
expiration of this Agreement only to the extent the Rate Modifying Order
issues or becomes effective during the term of this Agreement. SPRINT
acknowledges that VERIZON may seek to enforce the provisions in this
Section 4.2 before a commission or court of competent jurisdiction.
, .. ..
3 VERIZON and SPRINT further agree that the Arbitrated Rates and any
subsequent adjusted or modified rates or charges are further subject to
change and/or modification resulting from future orders or decisions of
any commission, court or other governmental authority having competent
jurisdiction that address the following: (1) VERIZON's unrecovered costs
(e., actual costs, contribution, undepreciated reserve deficiency, or
similar unrecovered VERIZON costs (including VERIZON's interim
universal service support charge)); (2) the establishment of a
251/252 FINAL AGREEMENT
competitively neutral universal service system; (3) any and all actions
seeking to invalidate, stay, vacate or otherwise modify any FCC Order in
effect as of the Effective Date, or during the term , of this Agreement
which impact the Arbitrated Rates or any subsequent adjusted or
modified rates or charges (or the methodology from which they were
derived), including, without limitation, the current appeal of the FCC
pricing rules pending before the Eighth Circuit Court of Appeals (See
Docket No. 96-321) and any appeal of the FCC's new UNE rules; or (4)
any other relevant appeal or litigation. The Parties agree that if the
Arbitrated Rates or any subsequent adjusted or modified rates or
charges are deemed to be unlawful or otherwise modified pursuant to
such an order or decision, or are otherwise stayed, enjoined or impacted
or the methodology from which they were derived is held to be unlawful
or otherwise invalid, in whole or in part, by such an order or decision,
then this Agreement shall be deemed to have been automatically
amended , by modification of rates or charges, or, as appropriate, by the
substitution of the VERIZON Rates for such rates and charges, and such
amendments shall be effective upon the date of the applicable Order.
Such modified or substituted rates and charges will be applied
prospectively pending the issuance of a final, binding and non-
appealable Order in the subject proceeding. At such time as the
applicable Order becomes final, binding and non-appealable, the
modified or substituted rates and charges established therein shall be
applied retroactively to the Effective Date of this Agreement. The Parties
will true-up any resulting over or under billing. Such true-up payments, if
any, shall also include interest computed at the prime rate of the Bank of
America, NA in effect at the date of said final , binding and non-
appealable Order. Any underpayment shall be paid, and any
overpayment shall be refunded within forty-five (45) Business Days after
the date on which such Order becomes final, binding and non-
appealable. The Parties agree that the retroactive true-up provisions of
this Section 4.3 shall survive the termination or expiration of this
Agreement only to the extent the applicable Order issues or becomes
effective during the term of this Agreement. SPRINT acknowledges that
VERIZON may seek to enforce the provisions in this Section 4.
before a commission or court of competent jurisdiction.
TBD Prices Numerous provisions in this Agreement refer to pricing principles.
a provision references prices and there are no corresponding prices, such price
shall be considered 'To Be Determined" (TBD). With respect to all TBD prices,
prior to SPRINT ordering any such TBD item , the Parties shall meet and confer
to establish a price. If the Parties are unable to reach agreement on a price for
such item, a price shall be set for such item that is equal to the price for the
nearest analogous item for which a price has been established (for example, if
there is not an established price for a Non-Recurring Charge (NRC) for a specific
UNE, the Parties would use the NRC for the most analogous service for which
there is an established price.
Cost Recoverv
VERIZON and SPRINT shall be entitled to seek recovery of all costs each Party incurs in
meeting its obligations under this Agreement. If either Party is required to make
expenditures or otherwise incur costs that are not otherwise specifically reimbursed
under this Agreement, that Party is entitled to seek reimbursement from the other Party
for all such expenditures and costs. For all such expenditures and costs, either Party is
entitled to seek to receive through NRCs the actual costs and expenses incurred,
251/252 FINAL AGREEMENT
including labor costs and expenses, overhead and fixed charges, and a reasonable
contribution to VERIZON's common costs. The Party seeking reimbursement shall
provide, at the other Parties request, an explanation of the costs and expenses incurred.
If a dispute arises from this process, either Party may use the Dispute Resolution
provision described in Article II, Section 3 of this Agreement to resolve the dispute.
Billina and Payment.
251/252 FINAL AGREEMENT
General.Payment for all facilities and services provided hereunder is due thirty
(30) calendar days from the bill date. Neither Party will bill the other Party for
previously unbilled charges incurred more than one (1) year prior to the current
billing date. If any undisputed amount due on the billing statement is not
received by the billing Party on the payment due date, the billing Party shall
calculate and assess, and the billed Party agrees to pay, at the billing Party
option, a charge on the past due balance at an interest rate equal to the amount
allowed by the applicable state access tariffs, the state retail tariff, or federal
tariff, in accordance with the service ordered, or the maximum nonusurious rate
of interest under applicable law. Late payment charges shall be included on the
next statement.
Security Upon request by VERIZON , SPRINT shall, at any time and from time
to time, provide VERIZON adequate assurance of payment of amounts due (or to
become due) to VERIZON hereunder. Assurance of payment of charges may
requested by VERIZON if SPRINT (a) in VERIZON's reasonable judgement, at
the Effective Date or at any time thereafter, is unable to demonstrate that it is
creditworthy, (b) fails to timely pay a bill rendered to SPRINT by VERIZON, (c) in
VERIZON's reasonable judgement, at the Effective Date or at any time
thereafter, does not have established credit with VERIZON or (d) admits its
inability to pay its debts as such debts become due, has commenced a voluntary
case (or has had a case commenced against it) under the U.S. Bankruptcy Code
or any other law relating to bankruptcy, insolvency, reorganization, winding-up,
composition or adjustment of debts or the like, has made an assignment for the
benefit of creditors or is subject to a receivership or similar proceeding. Unless
otherwise agreed by the Parties, the assurance of payment shall, at VERIZON'
request, consist of (i) a cash security deposit in U.S. dollars held in an account by
VERIZON or (ii) an unconditional , irrevocable standby letter of credit naming
VERIZON as the beneficiary thereof and that is otherwise in form and substance
satisfactory to VERIZON from a financial institution acceptable to VERIZON, in
either case in an amount equal to two (2) months anticipated charges (including,
without limitation, both recurring and non-recurring charges), as reasonably
determined by VERIZON, for the services, facilities or arrangements to be
provided by VERIZON to SPRINT in connection with this Agreement. To the
extent that VERIZON opts for a cash deposit, the Parties intend that the provision
of such deposit shall constitute the grant of a security interest pursuant to Article
9 of the Uniform Commercial Code as in effect in any relevant jurisdiction.
required by an applicable VERIZON Tariff or by Applicable Law, interest will be
paid on any such deposit held by VERIZON at the higher of the stated interest
rate in such Tariff or in the provisions of the Applicable Law. VERIZON may (but
is not obligated to) draw on the letter of credit or funds on deposit in the account,
as applicable , upon notice to SPRINT in respect of any amounts billed hereunder
that are not paid within thirty (30) calendar days of the date of the applicable
statement of charges prepared by VERIZON. The fact that a security deposit or
a letter of credit is requested by VERIZON hereunder shall in no way relieve
SPRINT from compliance with VERIZON's regulations as to advance payments
and payment for service , nor constitute a waiver or modification of the terms
3.4
251/252 FINAL AGREEMENT
herein pertaining to the discontinuance of service for nonpayment of any sums
due to VERIZON for the services, facilities or arrangements rendered.
Billina Disputes.If the billed Party disputes a billing statement issued by the
billing Party, the billed Party (the "Non-Paying Party") shall notify the billing Party
in writing regarding the specific nature and basis of the dispute within six (6)
months of the statement date or the dispute shall be waived. The Non-Paying
Party shall pay when due all undisputed amounts to the Billing Party as specified
in Section 4.1. The Parties shall diligently work toward resolution of all billing
issues. If a dispute arises from this process, either Party may invoke the Dispute
Resolution provision described in Article II, Section 3 of this Agreement to
resolve the dispute.
Information Requirements/Audits. Except as provided elsewhere in this
Agreement and where applicable, in conformance with Multiple Exchange Carrier
Access Billing (MECAB) guidelines and Multiple Exchange Carriers Ordering and
Design Guidelines for Access Services-Industry Support Interface (MECOD),
SPRINT and VERIZON agree to exchange all information to accurately, reliably,
and properly order and bill for features, functions and services rendered under
this Agreement. Either Party may conduct an audit of the other Party s books
and records pertaining to the Services provided under this Agreement, no more
frequently than once per twelve (12) month period, to evaluate the other Party
accuracy of billing, data and invoicing in accordance with this Agreement. Any
audit shall be performed as follows: (i) following at least thirty (30) calendar days
prior written notice to the audited Party; (ii) subject to the reasonable scheduling
requirements and limitations of the audited Party; (iii) of a reasonable scope and
duration; (iv) in a manner so as not to interfere with the audited Party s business
operations; and (v) in compliance with the audited Party s security rules. Each
Party shall bear its own expenses in connection with the conduct of the Audit or
Examination. A Party requesting document reproduction shall bear the costs of
such document reproduction. The reasonable cost of Special Data Extraction
required by Sprint to conduct the Audit or Examination will be paid for by Sprint.
For purposes of this Section, a "Special Data Extraction" shall mean the creation
of an output record or informational report (from existing data files) that is not
created in the normal course of business. If any program is developed to Sprint's
specifications and at Sprint's expense, Sprint shall specify at the time of request
whether the program is to be retained by VERIZON for reuse for any subsequent
Audit or Examination.
Impact of Payment of Charaes on Service SPRINT is solely responsible for the
payment of all charges for all services and facilities furnished to SPRINT under
this Agreement, including, but not limited to , calls originated or accepted (e.
sent paid, or received collect) at its or its Customers' service locations. If
SPRINT fails to pay when due any and all charges billed to SPRINT under this
Agreement, including any late payment charges (collectively, "unpaid charges
and any or all such charges remain unpaid more than forty-five (45) calendar
days after the bill date of such unpaid charges excepting previously disputed
charges for which SPRINT may withhold payment, VERIZON shall notify SPRINT
in writing that it must pay all unpaid charges to VERIZON. If SPRINT disputes
the billed charges, it shall , within seven (7) Business Days, inform VERIZON in
writing of which portion of the unpaid charges it disputes, including the specific
details and reasons for the dispute, unless such reasons have been previously
provided, and shall immediately pay to VERIZON all undisputed charges.
SPRINT and VERIZON are unable, within thirty (30) Business Days thereafter, to
resolve issues related to the disputed charges, then either SPRINT or VERIZON
may file a request for arbitration under General Provisions of this Agreement to
4.4 Taxes.
resolve those issues. Upon resolution of any dispute hereunder, if SPRINT owes
payment it shall make such payment to VERIZON with any late payment charge
from the original payment due date. If SPRINT owes no payment, but has
previously paid VERIZON such disputed payment, then VERIZON shall credit
such payment including any late payment charges. VERIZON may discontinue
service to SPRINT upon failure to pay undisputed charges as provided in this
Section and shall have no liability to SPRINT or SPRINTs Customers in the
event of such disconnection. If SPRINT fails to provide such notification or any
of SPRINTs Customers fail to select a new provider of services within the
applicable time period, VERIZON may provide local exchange services to
SPRINTs Customers under VERIZON's applicable Customer tariff at the then
current charges for the services being provided. In this circumstance , otherwise
applicable service establishment charges will not apply to SPRINTs Customer
but will be assessed to SPRINT.
With respect to any purchase of service under this Agreement, if any federal
state or local government tax, fee, surcharge, or other tax-like charge excluding
any tax levied on property or income (a 'Tax ) is required or permitted by
applicable law, ordinance or tariff to be collected from a purchasing Party by the
providing Party, then (i) the providing Party will bill , as a separately stated item
the purchasing Party for such Tax, (ii) pursuant to Section 4., the purchasing
Party will remit such Tax to the providing Party, and (iii) the providing Party will
remit such collected Tax to the applicable governmental authority as required by
law.
If the providing Party does not collect a Tax because the purchasing Party
asserts that it is not responsible for the Tax, or is otherwise excepted from the
obligation which is later determined by formal action to be wrong then, as
between the providing Party and the purchasing Party, the purchasing Party will
be liable for such uncollected Tax and any interest due and/or penalty assessed
on the uncollected Tax by the applicable taxing authority or governmental entity.
If either Party is audited by a taxing authority or other governmental entity the
other Party agrees to reasonably cooperate with the Party being audited in order
to respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
If applicable law does exclude or exempt a purchase of services under this
Agreement from a Tax, and if such applicable law also provides an exemption
procedure, such as an exemption certificate requirement, then, if the purchasing
Party complies with such procedure, the providing Party, subject to Section 4.4.
will not bill or collect such Tax during the effective period of the exemption. Such
exemption will be effective upon receipt of the exemption certificate or affidavit in
accordance with Section 4.4.
If applicable law does not exclude or exempt a purchase of services under this
Agreement from a Tax, and does not also provide an exemption procedure, then
the providing Party will not bill or collect such tax if the purchasing Party (i)
furnishes the providing Party with a letter signed by an officer of the purchasing
Party claiming an exemption and identifying the applicable law which allows such
exemption, and (ii) supplies the providing Party with an indemnification
agreement, reasonably acceptable to the providing Party, which holds the
providing Party harmless on an after-tax basis with respect to forbearing to
collect such Tax.
251/252 FINAL AGREEMENT
4.4.
4.4.
4.4.
4.4.4
4.4.
4.4.With respect to any Tax or Tax controversy covered by this Section 4.4 , the
purchasing Party will be entitled to contest, pursuant to applicable law, and at its
own expense, any Tax that it is ultimately obligated to pay. The purchasing Party
will be entitled to the benefit of any refund or recovery resulting from such a
contest.
4.4.All exemption certificates or other communications required or permitted to be
given by SPRINT to VERIZON under this Section 4.4, will be made in writing and
will be delivered to VERIZON1s Account Manager for SPRINT.
Term and Termination.
Effective Date.
This Agreement will be effective upon the Effective Date set forth at the beginning of this
251/252 Agreement. Subject to the Parties reservation of rights described in Article II
Section 1 .4, any modifications to this Agreement required as a result of the Commission
review and approval process will be deemed to be effective as of the Effective Date. The
Parties agree LSR orders pursuant to this Agreement for resold services, INP services
and unbundled network elements may not be submitted or accepted within the first ten
(10) Business Days after the Effective Date. In addition, notwithstanding the possible
rejection or modification of this Agreement by the Commission , the Parties agree that all
of their obligations and duties hereunder shall remain in full force and effect pending the
final disposition of the Commission review and approval process.
Term.
Subject to the termination provisions contained in this Agreement, the term of this
Agreement shall be from the Effective Date of this Agreement until April 15, 2004
('Termination Date
).
Reneaotiation
If either Party seeks to renegotiate, extend or amend this Agreement, it must provide
written notice thereof to the other Party no later than nine (9) months prior to the
Termination Date. Any such request shall be deemed by both Parties to be a good faith
request for negotiations pursuant to Section 252 of the Act (or any successor provision),
regardless of which Party made such request. If either Party makes such request, this
Agreement may remain in effect for a period not to exceed three (3) months following the
Termination Date, for the purpose of incorporating into the new agreement any arbitration
decision or related order issued within three (3) months prior to the end of such nine (9)
month period.
5.4 Termination Upon Default or Abandonment.
Either Party may terminate this Agreement prior to the Termination Date in whole or in
part in the event of a default by the other Party; provided however, that the non-defaulting
Party notifies the defaulting Party in writing of the alleged default and that the defaulting
Party does not cure the alleged default within sixty (60) calendar days of receipt of written
notice thereof. Default is defined to include:
5.4.A Party s insolvency or the initiation of bankruptcy or receivership proceedings by
or against the Party; or
251/252 FINAL AGREEMENT
5.4.A Party s refusal or failure in any material respect to perform its obligations under
this Agreement, or the violation of any of the material terms or conditions of this
Agreement.
Termination Upon Sale
Notwithstanding anything to the contrary contained in this Agreement, a Party may
terminate this Agreement as to a specific operating area or portion thereof if such Party
sells or otherwise transfers the area or portion thereof. To the extent the closing of the
transfer occurs during the term of this Agreement the selling or transferring Party shall
provide the other Party with at least ninety (90) calendar days' prior written notice of such
termination , which shall be effective on the later of the date specified in the notice or the
closing of the transfer. Notwithstanding termination of this Agreement as to a specific
operating area, this Agreement shall remain in full force and effect in the remaining
operating areas.
Liabilitv Upon Termination
Termination of this Agreement, or any part hereof, for any ca~se shall not release either
Party from any liability which at the time of termination had already accrued to the other
Party or which thereafter accrues in any respect to any act or omission occurring prior to
the termination or from an obligation which is expressly stated in this Agreement to
survive termination.
252m Adoptions
SPRINT shall have the right to adopt any publicly filed agreement, or any interconnection
resale, collocation or network element arrangement contained therein, to which
VERIZON is a Party and that has been approved by the Commission for the State
pursuant to section 252 of the 1996 Act subsequent to the approval of this Agreement.
This right shall be exercised in accordance with, and subject to, the requirements of 47
9252(i) and applicable rules and regulations, including without limitation, the
following: (a) SPRINT must adopt all of the terms and conditions "legitimately related" to
and thus constituting part of, the requested interconnection, resale, collocation or network
element arrangement; (b) VERIZON shall not be required to provide a given arrangement
or agreement to the SPRINT if it is either (i) more costly than providing it to the original
carrier, or (ii) technically infeasible; (c) to the extent inconsistent with such adopted
arrangement or agreement, this Agreement shall be superseded by the adopted
arrangement or agreement; and (d) the parties shall document said adoption in writing
and make an appropriate filing with the Commission pursuant to applicable procedures.
251/252 FINAL AGREEMENT
ARTICLE II
GENERAL PROVISIONS
1. Reaulatorv/Leaal Matters
Regulatory Approvals.
This Agreement will be submitted to the Commission for approval. Each Party shall be
responsible for obtaining and keeping in effect all FCC, Commission, franchise authority
and other regulatory approvals that may be required in connection with the performance
of its obligations under this Agreement. If either Party does not provide necessary filing
materials within ninety (90) days of execution of this Agreement, any contract signatures
will no longer be effective.
Applicable Law/Chanaes in Law.
Each Party shall comply with all federal, state, and local statutes, regulations, rules,
ordinances, judicial decisions, and administrative rulings applicable to its performance
under this Agreement. The terms and conditions of this Agreement were composed in
order to effectuate the legal requirements in effect at the time this Agreement was
produced, and shall be subject to any and all applicable statutes, regulations, rules,
ordinances, judicial decisions, and administrative rulings that subsequently may be
prescribed by any federal, state or local governmental authority having appropriate
jurisdiction. Except as otherwise expressly provided herein, such subsequently
prescribed statutes, regulations, rules, ordinances, judicial decisions, and administrative
rulings will be deemed to automatically supersede any conflicting terms and conditions of
this Agreement. In addition, subject to the requirements and limitations set forth in
Section 1.3, to the extent required or reasonably necessary, the Parties shall modify, in
writing, the affected term(s) and condition(s) of this Agreement to bring them into
compliance with such statute, regulation, rule , ordinance, judicial decision or
administrative ruling. Should the Parties fail to agree on appropriate modification arising
out of a change in law, within sixty (60) calender days of such change in law the dispute
shall be governed by Section 3 of Article II.
Severability/Unenforceable Terms.
If any provision of this Agreement is held by a court or regulatory agency of competent
jurisdiction to be unenforceable, the rest of the Agreement shall remain in full force and
effect and shall not be affected unless removal of that provision results, in the reasonable
opinion of either Party, in a material change to this Agreement. If a material change
occurs as a result of action by a court or regulatory agency of competent jurisdiction, the
Parties shall negotiate in good faith for replacement language. If replacement language
cannot be agreed upon within a reasonable period, either Party may invoke the dispute
resolution process in thos Agreement to resolve the dispute.
1.4 Reservation of Rights
The Parties agree that their entrance into this Agreement is without prejudice to and does
not waive any positions they may have taken previously, or may take in the future, in any
legislative, regulatory, judicial or other public forum addressing any matters, including,
without limitation, matters related to VERIZON's cost recovery set forth in this
Agreement. Moreover, except as expressly provided herein , neither Party waives any
right with respect to any position it may take in the future with respect to the
establishment of rates, terms and conditions related to the subject matter of this
Agreement which may become effective subsequent to the termination of this Agreement.
By executing this Agreement, VERIZON does not waive, and hereby expressly reserves,
251/252 FINAL AGREEMENT
its rights to continue to assert that: (a) the rates and charges in this Agreement should
not become effective until such time as the Commission has established an explicit,
specific, predictable, sufficient and competitively neutral universal service mechanism
that provides VERIZON the opportunity to recover its actual costs; and (b) certain
provisions of the FCC's First Report and Order in FCC Docket No. 96-98 and other FCC
orders or rules (collectively, the "FCC Orders ) in effect as of the Effective Date or during
the term of this Agreement are unlawful, illegal and improper. VERIZON and SPRINT
further agree that the terms and conditions of this Agreement reflect certain requirements
of the FCC Orders, and thus, except as provided herein, shall be subject to any and all
actions by any court or other governmental authority that invalidate, stay, vacate or
otherwise modify any such FCC Orders. SPRINT acknowledges that VERIZON may seek
to enforce such action before a commission or court of competent jurisdiction. This
Section 1.4 shall survive the termination, expiration , modification or rescission of this
Agreement without limit as to time, regardless of the date of said action.
Tariff Offerinqs
Some of the services and facilities to be provided to SPRINT by VERIZON, or to
VERIZON by Sprint, in satisfaction of this Agreement may be provided , in whole or part
pursuant to existing VERIZON, or Sprint tariffs. VERIZON and Sprint shall each have the
right to modify its tariffs subsequent to the Effective Date of this Agreement, and upon
written notice to SPRINT or VERIZON , such modifications shall automatically apply to
such services and facilities. The Parties shall cooperate with one another for the
purpose of incorporating such modifications into this Agreement to the extent reasonably
necessary or appropriate. Notwithstanding the foregoing, except as otherwise specifically
provided herein: (a) VERIZON and Sprint shall not have the right to file tariffs for services
and facilities that supersede the terms and conditions of this Agreement if the services
and/or facilities were not previously provided pursuant to tariff hereunder; unless
otherwise ordered by the Commission (pursuant to Applicable Law and not at the request
of either Party) and (b) the Parties shall have the right to modify the terms of such
VERIZON and Sprint tariffs as applied to this Agreement, as reasonably necessary or
appropriate to fulfill their obligations under the Act or applicable rules and regulations in
connection with the implementation of this Agreement. This section shall apply only to
VERIZON and SPRINT and shall not be construed as applying to any non-parties.
When new services are offered pursuant to tariff, or existing tariffed services are
modified, the Party which is introducing or modifying the tariffed service will notify the
other Party at the same time it notifies the Commission via the tariff filing of proposed
new or modified Services, or as required under applicable Commission rules.
Certificate of Operatinq Authority.
When ordering any service or facility hereunder, SPRINT hereby represents and warrants
to VERIZON that it is a certified provider of local exchange telecommunications service.
SPRINT will provide a copy of its Certificate of Operating Authority or other evidence of
its status to VERIZON upon request.
2. Liability Matters
Indemnification.
General Requirement.Subject to the limitations set forth in Section 2., each Party (the
Indemnifying Party") shall release, defend, indemnify and save harmless the other Party,
its directors, officers , employees, servants, agents, Affiliates, subsidiaries and parent, and
any third-party provider or operator of facilities involved in the provision of services or
251/252 FINAL AGREEMENT
facilities under this Agreement (collectively, the "Indemnified Party ), from and against any
and all suits, claims, obligations, liabilities, damages, demands, losses, expenses , causes
of action and costs, deficiencies, taxes, interest on taxes, or penalties, court costs and
reasonable attorneys' fees, injuries, damage , destruction, delay damages, loss or death to
property or persons (including payments made under workers' compensation law or under
any plan for employees' disability and death benefits) and actual or alleged defamation
libel , slander, interference with or misappropriation of proprietary or creative right, suffered
made, instituted, or asserted by the Indemnifed Party or any other party or person,
including, without limitation, the Indemnified Party s Customers (collectively, the
Indemnification Claims ) which are proximately caused by:
1 any breach or nonfulfillment of any representation , covenant, term
condition or agreement on the part of the Indemnifying Party under this
Agreement;
2 the negligence, gross negligence, or willful misconduct of the
Indemnifying Party or any of its directors, officers, employees, servants,
agents, Affiliates, subsidiaries and parent, regardless of the form of
action;
3 the installation, maintenance, repair, replacement presence,
engineering, use or removal of the Indemnifying Party s collocation
equipment, in VERIZON's central office(s), wire center(s) or access
tandem(s);
1.4 the violation or alleged violation by the Indemnifying Party or any of its
directors, officers, employees, servants, agents, Affiliates, subsidiaries
and parent of any federal, state, or local law, regulation , permit, or
agency requirement; or
5 the presence or alleged presence of contamination arising out of the
Indemnifying Party s acts or omissions concerning its operations at a
VERIZON Facility.
To the extent the Indemnified Party pays for an indemnifiable loss, cost or
expense, or otherwise incurs pecuniary obligations, in satisfaction of , or arising
out of or related to any Indemnification Claim, the Indemnifying Party shall also
be liable to the Indemnified Party for interest on such payments at the prime rate
of the Bank of America, N.A. from the date that the Indemnified Party makes
such payments. The obligations of this Section shall survive the termination
cancellation , modification or rescission of this Agreement, without limit as to time.
2 Notice and Claim Procedure.
General Requirements. The Indemnified Party: (i) shall give the
Indemnifying Party notice (which shall include all facts known to the
Indemnified Party giving rise to such right and an estimate of the amount
thereof) of the Indemnification Claim and any Third Party Claim (as
hereinafter defined) relating to such right promptly after receipt or
becoming aware thereof, including copies of any written documentation
ragarding any such claim received by the Indemnified Party; (ii) prior to
taking any material action with respect to a Third Party Claim , shall
consult with the Indemnifying Party as to the procedure to be followed in
defending, settling, or compromising the Third Party Claim; (iii) shall not
consent to any settlement or compromise of the Third Party Claim
without the written consent of the Indemnifying Party (which consent
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unless the Indemnifying Party has elected to assume the exclusive
defense of such Claim, shall not be unreasonably withheld or delayed);
(iv) shall permit the Indemnifying Party, if it so elects, to assume the
defense of such Third Party Claim (including, except as provided below
the compromise or settlement thereof) at its own cost and expense
provided, however that in such event the Indemnified Party shall have
the right to approve the Indemnifying Party s choice of legal counsel,
which approval shall not be unreasonably withheld; and (v) shall
cooperate in every reasonable way to facilitate defense or settlement of
claims. For the purposes of this Agreement, "Third Party Claim" shall
mean any Indemnification Claim by any third party.
Consultation and Consent.If the Indemnified Party (i) fails to notify or to
consult with the Indemnifying Party with respect to any Third Party Claim
in accordance with subparagraph 2.1 (i) or 2.1 .1 (ii) above (which
failure shall have a material and adverse effect upon the Indemnifying
Party); or (ii) consents to the settlement or compromise of any Third
Party Claim without having received the written consent of the
Indemnifying Party (unless, if the Indemnifying Party has not elected to
assume the defense of such Claim, the consent of the Indemnifying
Party is unreasonably withheld or delayed), then the Indemnifying Party
shall be relieved of its indemnification obligation with respect to such
Third Party Claim under this Agreement.
Defense of Claim If the Indemnifying Party elects to assume the
defense of any Third Party Claim pursuant to this Agreement, it shall
notify the Indemnified Party in writing of such election. The Indemnifying
Party shall not compromise or settle any such Third Party Claim without
the written consent of the Indemnified Party (which consent shall not be
unreasonably withheld or delayed).
3 Intellectual Property Exception.
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Nothing in this Agreement shall be construed as the grant of a license with
respect to any patent, copyright, trademark, trade name, trade secret or any
other proprietary or intellectual property now or hereafter owned, controlled
or licensable by either Party. Neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other
intellectual property right of the other Party except in accordance with the
terms of a separate license agreement between the Parties granting such
rights.
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 Customers based on
or arising from any claim, demand, or proceeding by any third party alleging
or asserting that the use of any circuit, apparatus, or system, or the use of
any software, or the performance of any service or method, or the provision
of any facilities by either Party under this Agreement, alone or in
combination with that of the other Party, constitutes direct, vicarious or
contributory infringement or inducement to infringe, misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any
other proprietary or intellectual property right of any Party or third party.
Each Party, however, shall offer to the other reasonable cooperation and
assistance in the defense of any such claim.
3 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 FACILITIES,
ARRANGEMENTS, OR SERVICES PROVIDED UNDER THIS
AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL
PROPERTY RIGHT.
3.4 SPRINT agrees that the rights granted by VERIZON hereunder shall
where applicable, be subject to the restrictions, if any, contained in any
current software license agreements between VERIZON and VERIZON
s software vendors in existence on the Effective Date of this Agreement.
SPRINT acknowledges that functions and features made available to it
hereunder through the use of third party proprietary products may involve
additional terms and conditions and/or separate licensing to SPRINT.
Environmental Responsibility
General Requirements SPRINT shall:
1 comply with all laws regarding the handling, use, transport, storage, and
disposal of , and be responsible for all hazards created by and damages
or injuries caused by, any materials brought to or used at the VERIZON
Facility by SPRINT;
2 ensure all activities conducted by SPRINT at the VERIZON Facility are in
accordance with all applicable federal, state, and local laws, regulations,
permits, and agency orders, approvals, and authorizations relating to
safety, health, and the environment;
3 cause its invitees, agents, employees, and contractors to comply with
such reasonable environmental or safety practices/procedures, whether
or not required by law, as requested by VERIZON when working at a
VERIZON Facility;
1.4 ensure that no substantial new safety or environmental hazards shall be
created or new hazardous substances shall be used at a VERIZON
Facility;
5 demonstrate adequate training and emergency response capabilities
related to materials brought to, used, or existing at the VERIZON Facility;
6 follow appropriate practices/procedures in evaluating and managing any
water, sediment, or other material present in the manhole or vault area
so as to ensure compliance with all applicable laws, regulations, permits,
and requirements applicable in such circumstances and to ensure safe
practices, when conducting operations in any VERIZON manhole or vault
area;
7 obtain and use its own environmental permits, approvals, or identification
numbers to the extent that such permits, approvals, or identification
numbers are required under applicable laws, including, without limitation
any of its operations involving the evaluation, collection, discharge,
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storage, disposal, or other management of water, sediment, or other
material present in a VERIZON manhole or vault area;
provide reasonable and adequate compensation to VERIZON for any
additional or increased costs associated with compliance with any
federal, state, or local law, regulation, permit, or agency requirement
related to safety, health , or the environment where such additional or
increased cost is incurred as a result of providing SPRINT with
interconnection or collocation, including, but not limited to, costs
associated with obtaining appropriate permits or agency authorizations
or approvals, re-mediation or response to any release or threatened
release of any regulated substance , investigation or testing related, and
training or notification requirements;
9 ensure that activities impacting safety or the environment of a Right of
Way (ROW) are harmonized with the specific agreement and the
relationship between VERIZON and the land owner; and
10 comply with any limitations associated with a ROW , including limitations
on equipment access due to environmental conditions (e., wetland
areas having equipment restrictions).
VERIZON shall not be responsible for any costs incurred by SPRINT in meeting
its obligations under this Section.
Required Notices VERIZON and SPRINT shall provide to each other specific notice of
known and recognized physical hazards or hazardous substances brought to, used, or
existing at the VERIZON Facility and conditions or circumstances potentially posing a threat
of imminent danger, including, by way of example only, a defective utility pole or significant
petroleum contamination in a manhole. If SPRINT discovers Third Party Contamination at a
VERIZON Facility, SPRINT will immediately notify VERIZON and will consult with VERIZON
prior to making any required notification, unless the time required for prior consultation
would preclude SPRINT from complying with an applicable reporting requirement.
VERIZON and SPRINT shall coordinate plans or information required to be submitted to
government agencies, such as, by way of example only, emergency response plans and
chemical inventory reporting. If fees are associated with such filings, VERIZON and
SPRINT shall develop a cost sharing procedure.
Use of VERIZON Permits If the relevant regulatory authority refuses to issue a separate
permit, approval, or identification number to SPRINT after a complete and proper request
by SPRINT for same, then VERIZON's permit, approval, or identification number may be
used as authorized by law and upon prior approval by VERIZON. In that case, SPRINT
must comply with all of VERIZON's environmental, health, and safety practices/procedures
relating to the activity in question, including, but not limited to, use of environmental "best
management practices (BMP) and selection criteria for vendors and disposal sites.
2.4 No Warranty. The Parties acknowledge and agree that: (a) nothing in this Agreement or in
any of VERIZON's practices/procedures constitutes a warranty or representation by
VERIZON that SPRINT's use of VERIZON's permits, approvals, or identification numbers or
compliance with VERIZON's practices/procedures , this Agreement or VERIZON's directions
or recommendations, will achieve compliance with any applicable law; and (b) such
compliance or use of VERIZON's permits, approvals, or identification numbers creates no
right of action against VERIZON.
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Impairment of Service
The characteristics and methods of operation of any circuits, facilities or equipment of
SPRINT connected with the services, facilities or equipment of VERIZON pursuant to
this Agreement shall not interfere with or impair service over any facilities of VERIZON
its Affiliated companies, or its connecting and concurring carriers involved in its services
cause damage to its plant, violate any applicable law or regulation regarding the invasion
of privacy of any communications carried over VERIZON's facilities or create hazards to
the employees of VERIZON or to the public (each hereinafter referred to as an
Impairment of Service
).
If SPRINT causes an Impairment in Service, VERIZON shall
promptly notify SPRINT of the nature and location of the problem and that, unless
promptly rectified, a temporary discontinuance of the use of any circuit, facility or
equipment may be required. VERIZON and SPRINT agree to work together to attempt to
promptly resolve the Impairment of Service. If the SPRINT is unable to promptly remedy
the Impairment of Service, then VERIZON may at its option temporarily discontinue the
use of the affected circuit, facility or equipment.
2.4 Fraud.
SPRINT assumes responsibility for all fraud associated with its Customers and accounts.
VERIZON shall bear no responsibility for, nor is it required to investigate or make
adjustments to SPRINTs account in cases of fraud. For services provided to SPRINT
pursuant to the Resale Attachment to this Agreement, VERIZON will provide monitoring
of fraud at parity to what it provides for itself.
DISCLAIMER.
EXCEPT AS SPECIFICAllY PROVIDED TO THE CONTRARY IN THIS AGREEMENT
PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES,
FACILITIES PROVIDED UNDER THIS AGREEMENT. PROVIDER DISCLAIMS,
WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
Limitation of Liabilitv
Each Party s liability under this agreement to the other Party, whether direct or otherwise
arising out of the duty to indemnify against a third-party under this Section 2, all whether
in contract, tort or otherwise, shall be limited to direct damages, and except with respect
to Indemnification Claims relating to personal injury, environmental, fraud or collocation
matters, said liability shall not exceed an amount equal to the amount due and owing by
Sprint to VERIZON under this Agreement during the Contract Year in which such claim
and/or cause of action accrues or arises , plus any related costs/expenses the Parties
may recover, including those under Article I, Section 4.2 above, for the services, UNEs or
facilities for the month(s) during which the claim of liability arose. For purposes of this
Section
, "
Contract Year" means a twelve (12) month period during the term of the
contract commencing on the Effective Date and each anniversary thereafter. Under no
circumstance shall either Party be responsible or liable for indirect, incidental
consequential, special, punitive or exemplary damages, including, but not limited to
interruption of service or designated facilities, economic loss or lost business , revenues
or profits, loss of AC or DC power, HV AC interruptions, damages arising from the use or
performance of equipment or software, or the loss of use of software or equipment, or
any accessories attached thereto, delay, error, or loss of data, even if the Party has been
advised of the possibility of the same. Should either Party provide advice, make
recommendations, or supply other analysis related to the services or facilities described
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in this Agreement, this limitation of liability shall apply to provision of such advice,
recommendations, and analysis.
Inapplicability of Tariff Liabilitv
VERIZON's general liability, as described in the VERIZON retail tariff, does not extend to
SPRINT's customers or any other third party. Liability of VERIZON to SPRINT resulting
from any and all causes arising out of services and facilities or any other items relating to
this Agreement shall be governed by the liability provisions contained in this Agreement
and no other liability whatsoever shall attach to VERIZON. VERIZON shall be liable for
the individual services, facilities or elements that it separately provides to SPRINT and
shall not be liable for the integration of components combined by SPRINT.
SPRINT Tariffs or Contracts.
SPRINT shall, in its tariffs or other contracts for services provided to its customers using
services obtained from VERIZON, provide that in no case shall VERIZON be liable to
SPRINT's customers or any third parties for any indirect, special or consequential
damages, including, but not limited to, economic loss or lost business or profits, whether
foreseeable or not, and regardless of notification by SPRINT of the possibility of such
damages and SPRINT shall indemnify and hold VERIZON harmless from any and all
claims, demands, causes of action and liabilities based on any reason whatsoever from
its customers as provided in this Agreement. Nothing in this Agreement shall be deemed
to create a third-party beneficiary relationship with SPRINT's customers.
No Liabilitv for Errors
VERIZON is not liable for mistakes that appear in VERIZON's listings, 911 and other
information databases, or for incorrect referrals of customers to SPRINT for any ongoing
SPRINT service, sales or repair inquiries , and with respect to such mistakes or incorrect
referrals, SPRINT shall indemnify and hold VERIZON harmless from any and all claims
demands, causes of action and liabilities whatsoever, including costs, expenses and
reasonable attorney s fees incurred on account thereof, by third parties, including
SPRINT's customers or employees. For purposes of this Section mistakes and incorrect
referrals shall not include matters arising out of the , gross negligence, or willful
misconduct of VERIZON or its employees or agents.
Unlawful Use of Service.
Services provided by VERIZON pursuant to this Agreement shall not be used by SPRINT
or its customers for any purpose in violation of law. SPRINT, and not VERIZON , shall be
responsible to ensure that SPRINT and its customers' use of services provided
hereunder comply at all times with all applicable laws. VERIZON may refuse to furnish
service to SPRINT or disconnect particular services provided under this Agreement to
SPRINT or, as appropriate, SPRINT's customer when (i) an order is issued by a court of
competent jurisdiction finding that probable cause exists to believe that the use made or
to be made of the service is prohibited by law or (ii) VERIZON is notified in writing by a
law enforcement agency acting within its jurisdiction that any facility furnished by
VERIZON is being used or will be used for the purpose of transmitting or receiving
gambling information in interstate or foreign commerce in violation of law. Termination of
service shall take place after reasonable notice is provided to SPRINT , or as ordered by
the court. If facilities have been physically disconnected by law enforcement officials at
the premises where located, and if there is not presented to VERIZON the written finding
of a court, then upon request of SPRINT and agreement to pay restoral of service
charges and other applicable service charges, VERIZON shall promptly restore such
service.
251/252 FINAL AGREEMENT
3. Dispute Resolution
Alternative to Litiqation
Except as provided under Section 252 of the Act with respect to the approval of this
Agreement by the Commission , the Parties desire to resolve disputes arising out of or
relating to this Agreement without litigation. Accordingly, the Parties may agree to use
the following alternative dispute resolution procedures with respect to any action , dispute,
controversy or claim arising out of or relating to this Agreement or its breach, except with
respect to the following:
1 An action seeking a temporary restraining order or an injunction related to the purposes of
this Agreement;
2 A dispute, controversy or claim relating to or arising out of a change in law or reservation of
rights under the provisions of Article II , Section 1; and
3 A suit to compel compliance with this dispute resolution process.
Any such actions, disputes, controversies or claims may be pursued by either Party
before any court, commission or agency of competent jurisdiction. Notwithstanding the
foregoing, and subject to Section 3., nothing herein shall be construed as limiting a
Party s right to seek resolution of such disputes before the Commission or any other
available forum.
Neqotiations
At the written request of a Party, each Party will appoint a knowledgeable, responsible
representative to meet and negotiate in good faith to resolve any dispute arising out of or
relating to this Agreement. The Parties intend that these negotiations be conducted by
non-lawyer, business representatives. The location, format, frequency, duration , and
conclusion of these discussions shall be left to the discretion of the representatives.
Upon agreement, the representatives may utilize other alternative dispute resolution
procedures such as mediation to assist in the negotiations. Discussions and
correspondence among the representatives for purposes of these negotiations shall be
treated as confidential information developed for purposes of settlement, exempt from
discovery, and shall not be admissible in the arbitration described below or in any lawsuit
without the concurrence of all Parties. Documents identified in or provided with such
communications, which are not prepared for purposes of the negotiations, are not so
exempted and may, if otherwise discoverable , be discovered or otherwise admissible, be
admitted in evidence, in the arbitration or lawsuit.
Arbitration.
If the dispute is not resolved within sixty (60) days of the initial written request, the
dispute, upon mutual agreement of the Parties, may be submitted to binding arbitration
by a single arbitrator pursuant to the Commercial Arbitration Rules of the American
Arbitration Association except that the Parties may select an arbitrator outside American
Arbitration Association rules upon mutual agreement. If the Parties mutually agree to
arbitrate the dispute, a Party may demand such arbitration in accordance with the
procedures set out in those rules. Discovery shall be controlled by the arbitrator and
shall be permitted to the extent set out in this section. Each Party may submit in writing
to a Party, and that Party shall so respond to , a maximum of any combination of thirty-five
(35) (none of which may have subparts) of the following: interrogatories, demands to
produce documents, or requests for admission. Each Party is also entitled to take the
251/252 FINAL AGREEMENT
oral deposition of one individual of another Party. Additional discovery may be permitted
upon mutual agreement of the Parties. The arbitration hearing shall be commenced
within sixty (60) Business Days of the demand for arbitration. The arbitration shall be
held in a mutually agreeable city. The arbitrator shall control the scheduling so as to
process the matter expeditiously. The Parties may submit written briefs. The arbitrator
shall rule on the dispute by issuing a written opinion within thirty (30) Business Days after
the close of hearings. The times specified in this section may be extended upon mutual
agreement of the Parties or by the arbitrator upon a showing of good cause. Judgment
upon the award rendered by the arbitrator may be entered in any court having
jurisdiction.
3.4 Expedited Arbitration Procedures
If the issue to be resolved through the negotiations referenced in Section 3.2 directly and
materially affects service to either Party s end-user customers and the Parties have
mutually agreed to arbitrate the issue, then the period of resolution of the dispute through
negotiations before the dispute is to be submitted to binding arbitration shall be five (5)
Business Days. Once such a service affecting dispute is submitted to arbitration , the
arbitration shall be conducted pursuant to the expedited procedures rules of the
Commercial Arbitration Rules of the American Arbitration Association (Le., rules 53
through 57).
Litiaation
If the dispute is not resolved within thirty (30) days of the initial written request, and the
Parties do not agree to submit the dispute to arbitration , either Party may submit the
dispute to the Commission or any other available forum for resolution.
Costs.
Each Party shall bear its own costs in any proceeding before an arbitrator, court, the
Commission or any other forum. A Party seeking discovery shall reimburse the
responding Party the costs of reproducing documents to the extent allowed by the state
rules of civil procedure governing discovery. Where the Parties have agreed to arbitrate,
the Parties shall equally split the fees of the arbitration and the arbitrator. Where a
Commission appoints a neutral, third-party expert(s) or other facilitator(s) to assist in its
decision making, the Parties shall equally split the fees and expenses of such expert(s) or
facilitator(s).
Continuous Service.
The Parties shall continue providing services to each other during the pendency of any
dispute resolution procedure, and the Parties shall continue to perform their obligations
including making payments in accordance with Article I, Section 4.3 of this Agreement.
4. Confidential Information.
Identification.
Either Party may disclose to the other proprietary or confidential Customer, technical , or
business information in written, graphic, oral or other tangible or intangible forms
Cohfidentiallnformation ). In order for information to be considered Confidential
Information under this Agreement, it must be marked "Confidential" or "Proprietary," or
bear a marking of similar import. Orally or visually disclosed information shall be deemed
Confidential Information only if contemporaneously identified as such and reduced to
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writing and delivered to the other Party with a statement or marking of confidentiality
within thirty (30) calendar days after oral or visual disclosure. Notwithstanding the
foregoing, the following shall be deemed Confidential Information for all purposes under
this Agreement whether or not specifically marked or designated as confidential or
proprietary: (a) preorders and all orders for services or UNEs placed by SPRINT pursuant
to this Agreement, and information that would constitute Customer proprietary network
information of SPRINT end-user Customers pursuant to the Act and the rules and
regulations of the FCC, as well as recorded usage information with respect to SPRINT
Customers, whether disclosed by SPRINT to VERIZON or otherwise acquired by
VERIZON in the course of its performance under this Agreement; and (b) all information
of a competitive nature provided to a Party in connection with collocation or known to the
Party as a result of access to VERIZON's wire center(s), central office(s) or access
tandem(s) or as a result of the interconnection of SPRINTs equipment to VERIZON'
facilities.
Handlina
In order to protect Confidential Information from improper disclosure, each Party shall not
use or disclose and shall hold in confidence Confidential Information and hereby agrees:
1 That all Confidential Information shall be and shall remain the exclusive property of the
source;
2 To limit access to such Confidential Information to authorized employees who have a need
to know the Confidential Information for performance of this Agreement;
3 To keep such Confidential Information confidential and to use the same level of care to
prevent disclosure or unauthorized use of the received Confidential Information as it
exercises in protecting its own Confidential Information of a similar nature;
2.4 Not to copy, publish, or disclose such Confidential Information to others or authorize anyone
else to copy, publish, or disclose such Confidential Information to others without the prior
written approval of the source;
5 Upon the source s request, to return or destroy promptly any copies of such Confidential
Information at its request; and
6 To use such Confidential Information only for purposes of fulfilling work or services
performed hereunder and for other purposes only upon such terms as may be agreed upon
between the Parties in writing.
Exceptions
These obligations shall not apply to any Confidential Information that: (a) was legally in
the recipient's possession prior to receipt from the source; (b) was received in good faith
from a third party not subject to a confidential obligation to the source; (c) now is or later
becomes publicly known through no breach of confidential obligation by the recipient; (d)
was developed by the recipient without the developing persons having access to any of
the Confidential Information received in confidence from the source; (e)'or is required to
be disclosed pursuant to subpoena or other process issued by a court or administrative
agency having appropriate jurisdiction, provided, however, that the recipient shall give
prior notice to the source and shall reasonably cooperate if the source deems it
necessary to seek protective arrangements. VERIZON reserves the right to provide to
any information service provider a list of any and all telecommunications providers doing
251/252 FINAL AGREEMENT
business with VERIZON. Nothing in this Section 4 is intended to expand or limit the
Parties' rights and obligations under Section 222 of the Act.
4.4 Survival.
The obligation of confidentiality and use with respect to Confidential Information disclosed
by one party to the other shall survive any termination of this Agreement for a period of
three (3) years from the date of the initial disclosure of the Confidential Information.
5. Miscellaneous.
Bindinq Effect.
This Agreement shall be binding on and inure to the benefit of the respective successors
and permitted assigns of the Parties.
Consent.
Where consent, approval , or mutual agreement is required of a Party, it shall not be
conditional, unreasonably withheld, or delayed.
Expenses
Except as specifically set out in this Agreement, each Party shall be solely responsible for
its own expenses involved in all activities related to the subject of this Agreement.
5.4 Force Majeure
In the event performance of this Agreement, or any obligation hereunder, is either directly
or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or
likes acts of God, wars, revolution, civil commotion, explosion, acts of public enemy,
embargo, acts of the government in its sovereign capacity, labor difficulties, including
without limitation , strikes, slowdowns, picketing, or boycotts, unavailability of equipment
from vendor, changes requested by Customer, or any other circumstances beyond the
reasonable control and without the fault or negligence of the Party affected, the Party
affected, upon giving prompt notice to the other Party, shall be excused from such
performance on a day-to-day basis to the extent of such prevention, restriction, or
interference (and the other Party shall likewise be excused from performance of its
obligations on a day-to-day basis until the delay, restriction or interference hasceased);
provided however that the Party so affected shall use diligent efforts to avoid or remove
such causes of nonperformance and both Parties shall proceed whenever such causes
are removed or cease.
5 Good Faith Performance.
In the performance of their obligations under this Agreement, the Parties shall act in good
faith. In situations in which notice, consent, approval or similar action by a Party is
permitted or required by any provision of this Agreement, such action shall not be
conditional, unreasonably withheld or delayed.
Governinq Law
This Agreement shall be governed by and construed in accordance with the
Telecommunications Act of 1996, applicable federal and (to the extent not inconsistent
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therewith) domestic~aws of the state where the services are provided or the facilities
reside and shall be subject to the exclusive jurisdiction of the courts therein.
Headinas
The headings and numbering of Sections, Parts and Attachments in this Agreement are
inserted for convenience and identification only and shall not be considered in the
interpretation of this Agreement or construed to define or limit any of the terms herein.
Independent Contractor Relationship
The persons provided by each Party shall be solely that Party s employees and shall be
under the sole and exclusive direction and control of that Party. They shall not be
considered employees of the other Party for any purpose. Each Party shall remain
independent contractor with respect to the other and shall be responsible for compliance
with all laws, rules and regulations involving, but not limited to, employment of labor,
hours of labor, health and safety, working conditions and payment of wages. Each Party
shall also be responsible for payment of taxes, including federal , state and municipal
taxes, chargeable or assessed with respect to its employees, such as Social Security,
unemployment, workers' compensation , disability insurance, and federal and state
withholding. Each Party shall indemnify the other for any loss, damage, liability, claim
demand, or penalty that may be sustained by reason of its failure to comply with this
provision.
Multiple Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall together constitute but one and the same
document.
10 No Third Party Beneficiaries
Except as may be specifically set forth in this Agreement, this Agreement does not
provide and shall not be construed to provide third parties with any remedy, claim
liability, reimbursement, cause of action, or other right or privilege.
11 Notices.
Any notice to a Party required or permitted under this Agreement shall be in writing and
shall be deemed to have been received on the date of service if served personally, on the
date receipt is acknowledged in writing by the recipient if delivered by regular U.S. mail
or on the date stated on the receipt if delivered by certified or registered mail or by a
courier service that obtains a written receipt. Notice may also be provided by facsimile
Internet or electronic messaging system , which shall be effective if sent before 5:00 p.
on that day, in the time zone in which it is received, or if sent after 5:00 p.m. it will be
effective on the next Business Day following the date sent provided, however that any
such notice shall be confirmed via personal delivery, regular U.S. Mail or certified
mail/courier service. Any notice shall be delivered using one of the alternatives
mentioned in this section and shall be directed to the applicable address or Internet 10...
indicated below or such address as the Party to be notified has designated by giving
notice in compliance with this section:
If to VERIZON:
VERIZON California, Inc.
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Attention: Assistant Vice President/Associate General Counsel
Service Corporation
600 Hidden Ridge - HQEWMNOTICES
Irving, TX 75038
Telephone number: 972/718-6361
Facsimile number: 972/718-3403
Internet Address: wmnotices~verizon.com
and
VERIZON California, Inc.
Attn: Director-Wholesale Contract Compliance
Network Services
600 Hidden Ridge - HQEWMNOTICES
Irving, TX 75038
Telephone Number: 972/718-5988
Facsimile Number: 972/719-1519
Internet Address: wmnotices~verizon.com
If to SPRINT:
SPRINT Communications Company loP.
Attention: Attention: W. Richard Morris
Vice-Preside nt-Local Market Integration
7301 College Blvd. KSOPKV0214
Overland Park, KS 66210
Telephone number: 913-534-6102
Facsimile number: 913-534-6818
Internet Address: (E-mail)
12 Publicity
Any news release, public announcement, advertising, or any form of publicity pertaining
to this Agreement, provision of services, or facilities pursuant to it, or association of the
Parties with respect to provision of the services described in this Agreement shall be
subject to prior written approval of both VERIZON and SPRINT.
13 Rule of Construction.
No rule of construction requiring interpretation against the drafting Party hereof shall
apply in the interpretation of this Agreement. All references to sections, exhibits,
attachments, appendices, etc. shall be deemed to be references to sections, exhibits,
attachments, appendices, etc. of this Agreement, as amended or superseded from time
to time, unless the context shall otherwise require. Each Party hereby incorporates
reference those provisions of its tariffs that govern the provision of any of the services or
facilities provided hereunder. If any provision of this Agreement and an applicable tariff
or any schedule, exhibit or appendix hereto cannot be reasonably construed or
interpreted to avoid conflict, the provision contained in this Agreement shall prevail
provided that in all cases the more specific shall prevail over the more general. The fact
that a condition, right, obligation , or other terms appears in this Agreement, but not in any
such applicable tariff or any such schedule, exhibit or appendix hereto, shall not alone be
interpreted as , or alone be deemed grounds for finding, a conflict.
251/252 FINAL AGREEMENT
14 Section References.
Except as otherwise specified , references within an Article, Attachment or Appendix of
this Agreement to a Section refer to Sections within that same respective Article
Attachment or Appendix.
15 Attachments.
All attachments, appendices, exhibits and schedules attached hereto are deemed to be
an integral part of this Agreement, and all references to the term Agreement herein shall
be deemed to include such attachments, appendices, exhibits and schedules.
16 Subcontractors.
Provider may enter into subcontracts with third parties or Affiliates for the performance of
any of Provider s duties or obligations under this Agreement.
17 Trademarks and Trade Names.
Unless otherwise mutually agreed upon , neither Party shall publish or use the other
Party s logo, trademark, service mark, name, language, pictures, or symbols or words
from which the other Party s name may reasonably be inferred or implied in any product
service, advertisement, promotion, or any other publicity matter, except that nothing in
this paragraph shall prohibit a Party from engaging in valid comparative advertising. This
paragraph shall confer no rights on a Party to the service marks, trademarks and
tradenames owned or used in connection with services by the other Party or its Affiliates
except as expressly authorized in writing by the other Party.
18 Waiver.
The failure of either Party to insist upon the performance of any provision of this
Agreement, or to exercise any right or privilege granted to it under this Agreement, shall
not be construed as a waiver of such provision or any provisions of this Agreement, and
the same shall continue in full force and effect. Waiver by either Party of any default by
the other Party shall not be deemed a waiver of any other default.
19 Amendments.
Any amendment, modification, or supplement to this Agreement must be in writing and
signed by an authorized representative of each Party. The term IIthis Agreementll shall
include future amendments, modifications, and supplements.
20 Assianment.
Any assignment by either Party of any right, obligation , or duty, in whole or in part, or of
any interest, without the written consent of the other Party shall be void, except that either
Party may assign all of its rights, and delegate its obligations, liabilities and duties under
this Agreement, either in whole or in part, to any entity that is, or that was immediately
preceding such assignment, a Subsidiary or Affiliate of that Party without consent, but
with written notification. The effectiveness of an assignment shall be conditioned upon
the assignee s written assumption of the rights, obligations, and duties of the assigning
Party. However, when VERIZON is the assignor, VERIZON agrees that it will only assign
to an assignee that is an ILEG as defined by the Act.
251/252 FINAL AGREEMENT
21 Authority
Each person whose signature appears on this Agreement represents and warrants that
he or she has authority to bind the Party on whose behalf he or she has executed this
Agreement. Each Party represents he or she has had the opportunity to consult with
legal counsel of his or her choosing and SPRINT has not relied on VERIZON counsel
pursuant to this Agreement.
22 Entire Aareement.
This Agreement constitutes the entire agreement of the Parties pertaining to the subject
matter of this Agreement and supersedes all prior agreements, negotiations , proposals,
and representations, whether written or oral, and all contemporaneous oral agreements,
negotiations , proposals, and representations concerning such subject matter.
representations , understandings, agreements, or warranties, expressed or implied, have
been made or relied upon in the making of this Agreement other than those specifically
set forth herein.
251/252 FINAL AGREEMENT
(THIS PAGE IS INTENTIONALLY LEFT BLANK-RESERVED FOR FUTURE USE)
251/252 FINAL AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF each Party has executed this Agreement effective on the Effective Date
described above.
VERIZON CALIFORNIA, INC.SPRINT COMMUNICATIONS COMPANY L.
Name Name
Title Title
Date Date
251/252 FINAL AGREEMENT
APPENDIX A TO ARTICLES I & II
GLOSSARY
911 Service
A universal telephone number which gives the public direct access to the Public Safety Answering Point
(PSAP). Basic 911 service collects 911 calls from one or more local exchange switches that serve a
geographic area. The calls are then sent to the correct authority designated to receive such calls.
Access Service ReQuest (ASR
An industry standard form, which contains data elements and usage rules used by the Parties to add,
establish, change or disconnect services or trunks for the purposes of Interconnection.
Act
The Communications Act of 1934 (47 U.C. 9151 et. seq.), as from time to time amended (including,
without limitation by the Telecommunications Act of 1996 , Public Law 104-104 of the 104th United States
Congress effective February 8, 1996), and as further interpreted in the duly authorized rules and
regulations of the FCC or the Commission.
Affiliate
A person, corporation or other legal entity that, directly or indirectly, owns or controls a Party, or is owned
or controlled by, or is under common ownership or control with a Party. For purposes of this paragraph
the term "own" means an equity interest (or the equivalent thereof) of more than ten percent.
Answer Supervision
An off-hook supervisory signal.
Applicable Law
All laws, statutes, common law, regulations, ordinances , codes, rules, guidelines, orders, permits, and
approvals of any Governmental Authority, which apply or relate to the subject matter of this Agreement
and are applicable to each Party s performance of its obligations hereunqer.
As-Is Transfer (A!J)
The transfer of all Telecommunications Services and features available for resale, that are currently being
provided for a specific account, without the requirements of a specific enumeration of the services and
features on the Local Service Request (LSR).
Automatic Location Identification/Data Manaaement System (ALI/DMS\
The emergency services (E-911 /911) database containing Customer location information (including
name, address , telephone number, and sometimes-special information from the local service Provider)
used to process subscriber access records into Automatic Location Identification (All) records. From this
database, records are forwarded to VERIZON's All Gateway for downloading by local All database
systems to be available for retrieval in response to Automatic Number Identification (ANI) from a 9-
call. Also, from this database, VERIZON will upload to its selective routers the selective router All
(SR/ALI) which is used to determine to which Public Safety Answering Point (PSAP) to route the call.
251/252 FINAL AGREEMENT
Automated MessaQe Accountina (AMA)
The structure inherent in switch technology that initially records telecommunication message information.
AMA format is contained in the Automated Message Accounting document, published by Telcordia
Technologies as GR-11 DO-CORE which defines the industry standard for message recording.
Automatic Number Identification (AM!l
The signaling parameter which refers to the number transmitted through the network identifying the billing
number of the calling Party.
Bill-and-Keep Arranaement
A compensation arrangement whereby the Parties do not render bills to each other for the termination of
Local Traffic specified in this Agreement and whereby the Parties terminate local exchange traffic
originating from End-Users served by the networks of the other Party without explicit charging among or
between said carriers for such traffic exchange.
Bona Fide ReQuest (BFR
A process for SPRINT to request certain services, features, capabilities or functionality, associated with
unbundled network elements, that are not currently offered in the Agreement.
Business Dav
Monday through Friday, except for holidays on which the U.S. mail is not delivered.
Central Office Switch
A switch used to provide telecommunications services including but not limited to (1) End Office Switches
which are Class 5 switches from which end-user Exchange Services are directly connected and offered,
and (2) Tandem Office Switches which are Class 4 switches which are used to connect and switch trunk
circuits between and among central office switches. Central office switches may be employed as
combination end office/tandem office switches (combination Class 5/Class 4).
Centralized Messaae Distribution System (CMDSl
The billing record and clearing house transport system that the Regional Bell Operating Companies
(RBOCs) and other incumbent LECs use to efficiently exchange out collects and in collects as well as
Carrier Access Billing System (CABS) records.
CLLI Codes
Common Language Location Identifier Codes.
Commission
California Public Utilities Commission.
Common Channel Sianalina (CCS
A high-speed specialized packet-switched communications network that is separate (out-of-band) from
the public packet-switched and message networks. CCS carries addressed signaling messages for
individual trunk circuits and/or database-related services between Signaling Points in the CCS network
using SS? signaling protocol.
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Competitive local Exchanae Carrier (ClEC\
Any company or person authorized to provide local exchange services in competition with an ILEC.
Compliance
Environmental and safety laws and regulations based upon a federal regulatory framework, with certain
responsibilities delegated to the States. An environmental/safety compliance program may include
review of applicable laws/regulations, development of written procedures, training of employees and
auditing.
Conversation Time
The time that both Parties' equipment is used for a completed call measured from the receipt of Answer
Supervision to the receipt of Disconnect Supervision.
Currently Available
Existing as part of VERIZON's network at the time of the requested order or service and does not include
any service, feature, function or capability that VERIZON either does not provide to itself, its affiliates, or
to its own End-Users, or does not have the capability to provide.
Customer
A third-party residence or business that subscribes to Telecommunications Services provided by either of
the Parties, or by another Telecommunications Service provider, and does not resell it to others.
Customer Service Record Search
Applied to LSR when CLEC requests a Customer service record search prior to account conversion from
VERIZON or from another CLEC. Search typically is for basic account information, listing/directory
information, service and equipment listing, and billing information. Applied on a per requested loop
and/or port basis.
Dedicated Transport
An Unbundled Network Element that is purchased for the purpose of transporting Telecommunication
Services between designated Serving Wire Centers (SWC). Dedicated Transport may extend between
two VERIZON SWCs (Interoffice Dedicated Transport or lOT) or may extend from the VERIZON SWC to
the CLEC premise (CLEC Dedicated Transport or COT). COT remains within the exchange boundaries of
the SWC, while lOT traverses exchange boundaries.
Disconnect Supervision
An on-hook supervisory signal end at the completion of a call.
DS-1 or Diaital Sianal level
A service transmitted at digital signal rate of 1.544 Mbps in the first level signal of the time-division
multiplex hierarchy.
DS-3 or Diaital Sianal level 3
A service transmitted at digital signal rate of 44.736 Mbps, in the third-level signal of the time-division
multiplex hierarchy.
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Electronic File Transfer
A system or process that utilizes an electronic format and protocol to send/receive data files.
End Office Switches
Switches that are Class 5 switches from which end-user Exchange Services are directly connected and
offered.
Enhanced Service Provider ~/lnternet Service Provider Traffic
Traffic bound to any Enhanced Service Provider or Internet Service Provider. Unless and until the
Commission rules differently in Docket No. 00-02-005, ESP/ISP Traffic is separate and distinct from Local
Traffic.
911 Service
A method of routing 911 calls to a PSAP that uses a Customer location database to determine the
location to which a call should be routed. E-911 service includes th~ forwarding of the caller s Automatic
Number Identification (ANI) to the PSAP where the ANI is used to retrieve and display the Automatic
Location Identification (All) on a terminal screen at the answering Attendant's position. It usually includes
selective routing.
Exchanae Messaae Interface (5M!l
Standard used for the interexchange of telecommunications message information between exchange
carriers and interexchange carriers for billable, non billable , sample, settlement and study data. Data is
provided between companies via a unique record layout that contains Customer billing information
account summary and tracking analysis. EM I format is contained in document SR-320 published by the
Alliance for Telcom Industry Solutions.
Exchanae Access
The offering of access to telephone exchange services or facilities for the purpose of the origination or
termination of the telephone toll services.
Expanded Interconnection Service ~/Coliocation
Collocation provides for access to the Company s premises, including, its wire centers and access
tandems listed in the National Exchange Carrier Association, Inc., Tariff FCC 4 and other buildings or
similar structures owned or leased by the Company that house the Company s network facilities for the
purpose of interconnection for the exchange of traffic with the Company and/or for access to unbundled
network elements.
Facility
All buildings , equipment, structures and other items located on a single site or contiguous or adjacent
sites owned or operated by the same persons or person as used in Article II , Section 2.
FCC
The Federal Communications Commission, or any successory agency of the United States government;
provided such succession has assumed such duties and responsibilities of the former FCC.
251/252 FINAL AGREEMENT
Generator
Under the Resource Conservation Recovery Act (RCRA), the person whose act produces a hazardous
waste (40 CFR 261) or whose act first causes a hazardous waste to become subject to regulation. The
generator is legally responsible for the proper management and disposal of hazardous wastes in
accordance with regulations (see reference in Article II , Section 2.2).
GTE Guide
The VERIZON internet web site which contains VERIZON's operating practices and procedures and
general information for pre-ordering, ordering, provisioning, repair and billing for resold services and
unbundled elements and guidelines for obtaining interconnection with VERIZON's switched network.
GTOC
GTE Telephone Operating Company.
Imminent DanQer
As described in the Occupational Safety and Health Act and expanded for environmental matters, any
conditions or practices at a facility which are such that a danger exists which could reasonably be
expected to cause death or serious harm or significant damage to the environment or natural resources.
Incumbent Local ExchanQe Carrier (ILECl
Any local exchange carrier that was as of February 8, 1996, deemed to be a member of the Exchange
Carrier Association as set forth in 47 C.R. (69.601 (b) of the FCC's regulations.
Initial Service Order
A charge applied to each LSR of Unbundled Loops and/or Ports with the exception of Subsequent
Service Order changes to existing CLEC accounts.
Interconnection Facility
See "Internetwork Facilities
Interconnection Point
The physical point on the network where the two parties interconnect. The IP is the demarcation point
between ownership of the transmission facility. (For purposes of this Agreement, the term "IP" is used
interchangeably with the term Point of Interconnection , or POI.)
InterexchanQe Carrier
A telecommunications service Provider authorized by the FCC to provide interstate long distance
communications services between LA T As and is authorized by the State to provide InterLA T A and/or
IntraLATA long distance communications services within the State.
Internet Traffic
Traffic that is transmitted to or returned from the Internet at any point during the duration of the
transmission.
251/252 FINAL AGREEMENT
Interim Number Portability
The delivery of Local Number Portability (LNP) capabilities, from a Customer standpoint in terms of call
completion, with as little impairment of functioning, quality, reliability, and convenience as possible and
from a carrier standpoint in terms of compensation, through the use of existing and available call routing,
forwarding, and addressing capabilities.
InterLA T A
Telecommunications services between a point located in a local access and transport area and a point
located outside such areas.
Internetwork Facilities
The physical connection of separate pieces of equipment, transmission facilities, etc., within, between
and among networks, for the transmission and routing of Exchange Service and Exchange Access.
IntraLAT A
Telecommunications services that originate and terminate at a point within the same local access and
transport area.
ISDN User Part (lSUP\
A part of the SS? protocol that defines call setup messages and call take down messages.
Line Information Data Base (UDBl
One or all, as the context may require, of the Line Information databases owned individually by VERIZON
and other entities which provide, among other things, calling card validation functionality for telephone
line number cards issued by VERIZON and other entities. A LlDB also contains validation data for collect
and third number-billed calls; Le., Billed Number Screening.
Line Side
Refers to an end office switch connection that has been programmed to treat the circuit as a local line
connected to an ordinary telephone station set. Line side connections offer only those transmission and
signaling features appropriate for a connection between an end office and an ordinary telephone set.
Local Access and Transport Area (LATA)
A contiguous geographic area for the provision and administration of communications service; Le.
intraLA T A or interLA T A. Established before the date of enactment of the Telecommunications Act of 1996
by a Bell operating company such that no exchange area includes points within more than one
metropolitan statistical area, consolidated metropolitan statistical area, or State, except as expressly
permitted under the AT&T Consent Decree dated August 24 , 1982; or established or modified by a Bell
operating company after such date of enactment and approved by the FCC.
Local ExchanQe Carrier (b5g
Any person that is engaged in the provision of telephone Exchange Service or Exchange Access.
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ExchanQe RoutinQ Guide (LERG),
The Telcordia Technologies reference customarily used to identify NPANXX routing and homing
information , as well as network element and equipment designation.
Local Number Portability (bMfl
The ability of users of Telecommunications Services to retain , at the same location , existing
telecommunications numbers without impairment of quality, reliability, or convenience when switching
from one telecommunications carrier to another.
Local Service ReQuest
The industry standard form, which contains data elements and usage rules, used by the Parties to
establish, add, change or disconnect resold services and Unbundled Network Elements for the purposes
of competitive local services.
Local Traffic
For purposes of compensation between the Parties, Local Traffic is VERIZON Traffic that terminates to
SPRINT and SPRINT traffic that terminates to VERIZON , that is within VERIZON's then current local
serving area, including mandatory local calling scope arrangements. A mandatory local calling scope
arrangement is an arrangement that provides End-Users a local calling scope, i.e. Extended Area Service
(EAS), beyond their basic exchange serving area. The Parties agree that the points of call origination
and termination shall be used to determine Local Traffic, and agree to use the Rate Center assignments
of the calling and called NPAlNXX's as shown in the LERG to make such determination. Local Traffic
does not include optional local calling scopes, i.e. optional rate packages that permit the End-User to
choose a local calling scope beyond their basic exchange serving area for an additional fee , referred to
hereafter as "optional EAS". Unless and until the Commission rules differently in Docket No. 00-02-005,
Local Traffic does not include Enhanced Service Provider (ESP) and Internet Service Provider (ISP)
traffic, in addition to, but not limited to, it excludes Internet traffic, 900/976, etc., and Internet Protocol (IP)
based voice or fax telephony.
Loop Facilitv CharQe
A charge applied to LSRs when fieldwork is required for establishment of unbundled loop service.
Applied on a per LSR basis.
Main Distribution Frame (MDFl
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.
Meet-Point BillinQ (MPBl
Refers to an arrangement whereby two LECs jointly provide the transport element of a switched access
service to one of the LECls end office switches, with each LEC receiving an appropriate share of the
transport element revenues as defined by the effective access tariffs.
Mid-Span Fiber Meet
. An Interconnection architecture whereby two carriers. fiber transmission facilities meet at a mutually
agreed upon IP.
251/252 FINAL AGREEMENT
Multiple Exchanae Carrier Access Billina (MECAB~
Refers to the document prepared by the Billing Committee of the Ordering and Billing Forum (OBF),
which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications Industry Solutions (ATIS). The MECAB document, published by (BeIiCore)
Telcordia Technologies as Special Report SR-BOS-000983, contains the recommended guidelines for the
billing of an access service provided by two or more LECs, or by one LEC in two or more states within a
single LATA.
Multiple Exchanae Carriers Orderina and Desian Guidelines for Access Services - Industry
Support Interface (MECOD\
A document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and
. Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the
Alliance for Telecommunications Industry Solutions (ATIS). The MECOO document, published by
(BeIlCore) Telcordia Technologies as Special Report SR-STS-002643, establishes methods for
processing orders for access service that is to be provided by two or more LECs.
Network Interface Device Clf!ID
The VERIZON provided interface terminating VERIZON's telecommunication network on the property
where the customer s End-User service is located at a point determined by VERIZON. The NIO contains
an FCC Part 68 registered jack from which inside wire may be connected to VERIZON's network. The
point of demarcation between the End-User s inside wiring and VERIZON's facilities.
North American Numberina Plan (NANP\
The system of telephone numbering employed in the United States, Canada, Bermuda, Puerto Rico and
certain Caribbean islands that employ NPA 809. The format is a 10-digit number that consist of a 3-digit
NPA Code (commonly referred to as area code), followed by a 3-digit NXX code and 4 digit line number.
Numberina Plan Area (NPA
Also sometimes referred to as an area code, is the three-digit indicator which is defined by the "
, "
and "C" digits of each 1 O-digit telephone number within the NANP. Each NPA contains 800 possible NXX
Codes. There are two general categories of NPA
, "
Geographic NPAs " and "Non-Geographic NPAs . A
Geographic NPA is associated with a defined geographic area, and all telephone numbers bearing such
NPA are associated with services provided within that geographic area. A Non-Geographic NPA, also
known as a "Service Access Code" or "SAC Code" is typically associated with a specialized
telecommunications service that may be provided across multiple geographic NPA areas. 500 700 800,
888 and 900 are examples of Non-Geographic NPAs.
NXX. NXX Code. Central Office Code or CO Code
The three-digit switch entity indicator which is defined by the "
, "
, and "F" digits of a 10-digit
telephone number-within the NANP. Each NXX Code contains 10,000 station numbers. It is the first three
digits of a seven-digit telephone number.
- .. ..
Owner or Operator
As used in OSHA regulations , owner is the legal entity, including a lessee, which exercises control over
management and record keeping functions relating to a building or facility. As used in the Resource
Conservation and Recovery Act (RCRA), operator means the person responsible for the overall (or part of
the) operations of a facility (see reference in Article II, Section 2.2).
251/252 FINAL AGREEMENT
Party/Parties
VERIZON and/or SPRINT.
Provider
VERIZON or SPRINT depending on the context and which Party is providing the service to the other
Party.
Public Safety Answerina Point (PSAPl
An answering location for 9-1 calls originating in a given area. A PSAP may be designated as Primary
or Secondary, which refers to the order in which calls are directed for answering. Primary PSAPs
respond first; Secondary PSAPs receive calls on a transfer basis only, and generally serve as a
centralized answering location for a particular type of emergency call. PSAPs are staffed by employees
of Emergency Response Agencies (ERAs) such as police, fire or emergency medical agencies or by
employees of a common bureau serving a group of such entities.
Public Switched Telecommunications Network (PSTN\
The worldwide voice telephone network accessible to all those with telephones and access privileges. In
the U., formerly known as the "Bell System network" or the "AT&T long distance network"
Rate Center
The specific geographic point and corresponding exclusive geographic area that are associated with one
or more particular NPA-NXX Codes that have been assigned to a LEC for its provision of Exchange
Services. The geographic point is identified by a specific Vertical and Horizontal (V&H) coordinate that is
used to calculate distance-sensitive End-User traffic to/from the particular NPA-NXXs associated with the
specific Rate Center.
Riaht-of-way (ROWl
The right to use the land or other property of another Party to place poles, conduits, cables, other
structures and equipment, or to provide passage to access such structures and equipment. A ROW may
run under, on, or above public or private property (including air space above public or private property)
and may include the right to use discrete space in buildings, building complexes , or other locations.
Routina Point
Denotes a location that a LEC has designated on its network as the homing (routing) point for traffic that
terminates to Exchange Services provided by the LEC that bear a certain NPA-NXX designation. The
Routing Point is used to calculate airline mileage for the distance-sensitive transport element charges of
Switched Access Services. Pursuant to T elcordia Technologies Practice BR795-1 00-1 00, the Routing
Point may be an end office location, or a "LEC Consortium Point of Interconnection. II The Routing Point
must be in the same LATA as the associated NPA-NXX.
Service Control Point (SCP
The node in the Common Channel Signaling network to which informational requests for service handling,
such as routing, are directed and processed. The SCP is a real time database system that, based on a
query from the SSP and via a Signaling Transfer Point, performs subscriber or application-specific service
logic , and then sends instructions back to the SSP on how to continue call processing.
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Service Switchina Point
A Signaling Point that can launch queries to databases and receive/interpret responses used to provide
specific Customer services.
Shared Transport
The physical interoffice facility not dedicated to anyone Customer, which is used to transport a call
between switching offices. A central office switch translates the End-User dialed digits and routes the call
over a COmmon Transport Trunk Group that rides interoffice transmission facilities. These trunk groups
and the associated interoffice transmission facilities are accessible by any End-User (VERIZON End-User
or SPRINT End-User when SPRINT has purchased unbundled local switching), and are referred to as
shared transport facilities
Sianalina Point
A node in the CCS network that originates and/or receives signaling messages, or transfers signaling
messages from one signaling link to another, or both.
Sianalina System
The signaling protocol, Version 7, of the CCS network, based upon American National Standards Institute
(ANSI) standards.
Sianal Transfer Point
A packet switch in the CCS network that is used to route signaling messages among SSPs, SCPs and
other STPs in order to set up calls and to query databases for advanced services. VERIZON's network
includes mated pairs of local and regional STPs. STPs are provided in pairs for redundancy. VERIZON
STPs conform to ANSI T1.111-8 standards. It provides SS7 Network Access and performs SS7 message
routing and screening.
Subsidiary
A corporation or other legal entity that is majority owned by a Party.
SubseQuent Service Order
Applied to LSRs requesting a service change to an existing unbundled account (no CLEC transfer). For
disconnect-only LSRs, no NRC will be applied.
Synchronous Optical Network (SONET\
Synchronous electrical (STS) or optical channel (OC) connections between LECs.
Switched Exchanae Access Service
The offering of facilities for the purpose of the origination or termination of traffic to or from Exchange
Service Customers in a given area pursuant to a switched access tariff. Switched Access Services
including but not limited to: Feature Group A, Feature Group B, Feature Group C, Feature Group 0 , 500
700,800,888 and 900 access services.
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Tandem Office Switches
Switches that are Class 4 switches which are used to connect and switch trunk circuits between and
among central office switches.
Telcordia Technoloaies
Formally known as BeliCore, a wholly owned subsidiary o~ Science Applications International Corporation
(SAIC). The organization conducts research and development projects for its owners, including
development of new Telecommunications Services. Telcordia Technologies also provides certain
centralized technical and management services for the regional holding companies and also provides
generic requirements for the telecommunications industry for products, services and technologies.
Telecommunications Services
The offering of telecommunications for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
Telephone Exchanae Service
(1) Service within a telephone exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the exchange service charge; or (2)
comparable service provided through a system of switches, transmission equipment, or other facilities (or
combination thereof) by which a subscriber can originate and terminate a telecommunications service.
Third Party Contamination
Environmental pollution that is not generated by the LEC or SPRINT but results from off-site activities
impacting a facility.
Transfer of Service
A charge applied to LSR's that involve account changes (e., CLEC to CLEC transfers, DA & CPE billing
changes on Unbundled Ports).
Trunk Side
Refers to a Central Office Switch connection that is capable of, and has been programmed to treat the
circuit as, connecting to another switching entity, for example, to another Central Office Switch. Trunk
side connections offer those transmission and signaling features appropriate for the connection of
switching entities and cannot be used for the direct connection of ordinary telephone station sets.
Unbundled Network Element (UNE\
Generally a facility or equipment used in the provision of a Telecommunications Service. Specific
references to UNEs contained throughout this Agreement shall be to the network elements that are to be
unbundled pursuant to the U~E Attachment.
Undefined Terms
Terms that may appear in this Agreement which are not defined. Parties acknowledge and agree that
any such terms shall be construed in accordance with customary usage in the telecommunications
industry as of the effective date of this Agreement.
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Vertical Features (includina CLASS Features),
Vertical services and switch functionalities provided to VERIZON's retail customers, including but not
limited to: Automatic Call Back; Automatic Recall; Call Forwarding Busy Line/Don t Answer; Call
Forwarding Don t Answer; Call Forwarding Variable; Call Forwarding - Busy Line; Call Trace; Call
Waiting; Call Number Delivery Blocking Per Call; Calling Number Blocking Per Line; Cancel Call Waiting;
Distinctive Ringing/Call Waiting; Incoming Call Line Identification Delivery; Selective Call Forward;
Selective Call Rejection; Speed Calling; and Three Way Calling/Call Transfer.
Wire Center
A building or space within a building that serves as an aggregation point on a LECls network, where
transmission facilities and circuits are connected or switched. Wire Center can also denote a building in
which one or more Central Offices, used for the provision of Exchange Services and Exchange Access
Services, are located.
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INTERCONNECTION ATTACHMENT
General.
This Interconnection Attachment (Attachment) together with Articles I and II , sets forth the terms
and conditions under which VERIZON and SPRINT will interconnect their networks for the
transmission and mutual exchange of telephone exchange and exchange access traffic. This
Attachment governs the provision and compensation of internetwork facilities (Le., physical
interconnection services and facilities), switched transport, and switched termination for Local
IntraLATA Toll, and optional EAS traffic. This Attachment also sets forth the terms and conditions
under which VERIZON and SPRINT will provide the Meet-Point Billing (MPB) of jointly provided
Interexchange Carrier (IXC) access between VERIZON and SPRINT. The interconnection
services and facilities described in this Attachment shall be referred to herein collectively as
Services" and individually as "Service
The Parties have agreed, pursuant to their August 21 , 2000 letter agreement (which is attached
hereto and incorporated by reference), not to compensate each other under this Agreement for
the exchange of Internet trafHc and to treat such traffic as excluded from Local Traffic, unless and
until the Commission orders otherwise in a final Order in the Rulemaking in Docket No. 00-02-
005. If and when the Commission issues such final Order, the Parties have further agreed
pursuant to their August 21 , 2000 letter agreement, to negotiate in good faith and to amend the
terms and provisions of this Agreement as necessary to bring this Agreement in conformity with
such final Order.
Service Arranaements Provided Under this Attachment.
Transport and Termination of Traffic
The Parties shall reciprocally terminate Local, IntraLATA Toll, and optional EAS traffic (or
other traffic the Parties agree to exchange) originating on each other s networks utilizing
either Direct or Indirect Network Interconnections as provided herein in Section 2.3 or
Section 2.5, respectively. To this end, the Parties agree that there will be interoperability
between their networks. The Parties agree to exchange traffic associated with third party
ILECs, CLECs and Wireless Service Providers pursuant to the compensation
arrangement specified in Section 5.5 herein. In addition, the Parties will notify each other
of any anticipated change in traffic to be exchanged (e., traffic type, volume).
Tandem Switched Traffic.
The Parties will provide tandem switching for traffic between the Parties' end offices
subtending each other s tandem, as well as for traffic between either Party s Customers
and any third party which is interconnected to the other Party s tandems.
Direct Network Interconnection.
SPRINT may interconnect with VERIZON on its network at any of the minimum points
required by the FCC that are Currently Available in VERIZON's existing network.
Interconnection at additional points will be reviewed on an individual case basis. Where
the Parties mutually agree to directly interconnect their respective networks,
interconnection will be as specified in the following subsections. Unless otherwise
agreed by the Parties, the interconnection installation time line where no construction is
required shall be twenty-five (25) Business Days after the date on which Sprint delivered
notice via an ASR to VERIZON. Where construction is required, the interconnection
installation time line shall be as mutually agreed by the Parties, with due consideration
given to delays that are not within VERIZON's control. Internetwork connection and
251/252 FINAL AGREEMENT
protocol must be based on industry standards developed consistent with Section 256 of
the Act.
Subject to mutual agreement, the Parties may use the following types of network
facility interconnection, using such interface media as are (i) appropriate to
support the type of interconnection requested and (ii) available at the facility at
which interconnection is requested. However, if the appropriate interface is not
available at the facility at which the interconnection is requested, the Parties shall
mutually agree to establish a timetable for provision of the requested
interconnection.
A Mid-Span Fiber Meet within an existing VERIZON exchange area
whereby the Parties mutually agree to jointly plan and engineer their
facility interconnection at a designated location. The Interconnection
Point (lP) is the demarcation between ownership of the fiber
transmission facility. Each Party is individually responsible for its
incurred costs in establishing this arrangement.
2 A collocation arrangement at a VERIZON Wire Center subject to the
rates, terms, and conditions contained in VERIZON's applicable tariffs
except as provided in the Collocation Attachment.
3 A special access arrangement terminating at a VERIZON Wire Center.
The Parties will mutually designate at least one IP on VERIZON's network within
each LATA for the exchange of Local Traffic. As specified in section 2.4.2 of
this Attachment, Sprint may establish additional routing point(s) through the
establishment of trunk groups provisioned over dedicated facilities between the
IP and additional VERIZON switches.
2.4 Trunkinq Requirements
In accordance with Article I , Section 3.4, it will be necessary for the Parties to have met
and agreed on trunking availability and requirements in order for the Parties to begin
exchange of traffic.
2.4.
251/252 FINAL AGREEMENT
Switchina Center Trunkina . The Parties agree to establish trunk groups of
sufficient capacity from the interconnecting facilities such that trunking is
available to any switching center designated by either Party, including end
offices, tandems, 911 routing switches, and directory assistance/operator service
switches. The Parties will mutually agree where one-way or two-way trunking will
be available. The Parties may use two-way trunks for delivery of Local Traffic or
either Party may elect to provision its own one-way trunks for delivery of Local
Traffic to the other Party. If a Party elects to provision its own one-way trunks
that Party will be responsible for its own expenses associated with the trunks.
SPRINT and VERIZON shall, where applicable, make reciprocally available, by
mutual agreement, the required trunk groups to handle different traffic types.
SPRINT and VERIZON will support the provisioning of trunk groups that carry
combined or separate Local Traffic, intraLA T A toll and optional EAS traffic. Sprint
will establish separate trunk groups, to the extent Sprint subtends a VERIZON
access tandem, for the routing of exchange access traffic used to provide
Switched Access Service to IXCs. To the extent SPRINT desires to have any
IXCs originate or terminate switched access traffic to or from SPRINT, using
jointly provided switched access facilities routed through a VERIZON access
2.4.
251/252 FINAL AGREEMENT
tandem , it is the responsibility of SPRINT to arrange for such IXC to issue an
Access Service Request ("ASR") to VERIZON to direct VERIZON to route the
traffic. If VERIZON does not receive an ASR from the IXC, VERIZON will initially
route the switched access traffic between the IXC and SPRINT. If the IXC
subsequently indicates that it does not want the traffic routed to or from SPRINT
VERIZON will not route the traffic.
2.4.1 Notwithstanding Section 2.1 of this Attachment, each Party agrees to
initially route traffic only over the proper jurisdictional trunk group, as
follows:
a) originating traffic destined for the Sprint Operator Services platform (e., 00-
1010333 or other Sprint routed CIC plus "0" to reach the Sprint operator) will
be routed to Sprint over new or existing Sprint access trunks, as leased from
VERIZON by Sprint pursuant to the terms of VERIZON access tariff(s).
b) VERIZON originated traffic destined to a Sprint Customer (e., 7 or 10 digit
dialed) will be routed to Sprint over local interconnection trunks.
c) Sprint originated traffic destined to a VERIZON Customer (e., 7 or 10 digit
dialed) will be routed to VERIZON over local interconnection trunks. This
traffic may include local traffic terminated to VERIZON from a Sprint Operator
Services platform.
d) Sprint originated traffic routed to an interexchange carrier (e., 1 + Toll)
connected at a VERIZON access tandem will be routed to VERIZON over
access interconnection trunks.
e) Toll traffic routed to Sprint from an interexchange carrier connected at a
VERIZON tandem (e., terminating toll) will be routed to Sprint over access
interconnection trunks.
While the initial trunking will be as specified above, the Parties may agree to
additional trunk groups, or a combination of trunk groups.
2.4.2 Each Party shall only deliver traffic over the local interconnection trunk
groups to the other Party s tandem for those publicly-dialable NXX Codes
served by end offices that directly subtend the tandem or to those
wireless service providers that directly subtend the tandem.
2.4.Neither Party shall route Switched Access Service traffic over local
interconnection trunks, or Local Traffic over Switched Access Service
trunks.
Tandem Trunkina-Interconnection at the Tandem for Local. InterLATA Toll,
and/or IntraLATA Toll Traffic
2.4.Sinale Tandem LATAs.W~ere VERIZON has a single Tandem in a
LATA, IntraLATA Toll, and/or Local Traffic may be segregated on
separate interconnection trunk groups, or combined on a single
interconnection trunk group, as specified in Section 2.4., for calls
destined to or from all end offices and NXX's which subtend VERIZON'
tandem. This trunk group shall be two-way, unless the Parties mutually
agree to one-way, and will utilize Signaling System 7 (SS7) signaling,
where available.
2.4.
2.4.4
2.4.Multiple Tandem LATAs.Where VERIZON has more than one Tandem
in a LATA, IntraLATA Toll , and/or Local Traffic may be segregated on
separate interconnection trunk groups, or may be combined on a single
interconnection trunk group, as specified in Section 2.4., at every
VERIZON tandem to terminate calls destined to or from all end offices
and NXX's which subtend each tandem.
At Sprint's option , pursuant to Section 2.2 of this Attachment, such
interconnection trunk groups may interconnect at only one of the
VERIZON Tandems in the LATA. In such case SPRINT may establish
additional routing points through the establishment of trunk groups
provisioned over dedicated facilities between the IP and additional
VERIZON switches. SPRINT agrees to pay the appropriate facilities
switching, transport, and end-office termination charges to compensate
VERIZON for terminating calls to all VERIZON subscribers in that LATA.
End-Office Trunkina . When SPRINT elects to order additional trunks using
standard industry engineering principles, based on forecasted or actual traffic at
SPRINTs average busy season, and there is a DS1 worth of traffic (512 CCS)
between SPRINT and a VERIZON end office, the ordered trunks will be direct
trunks to VERIZON's end office. To the extent that SPRINT has established a
Collocation arrangement at a VERIZON end office location, and has available
capacity, the Parties agree that SPRINT shall provide two-way direct trunk
facilities, when required, from that end office to SPRINTs switch.
Overflow Trunkina.Sprint shall overflow traffic at parity with how VERIZON
overflows its own traffic.
Indirect Network Interconnection.
The Parties agree that to the extent they exchange traffic through a third party s tandem
compensation arrangements will be established between the Parties in accordance with
Section 5.4 below.
Number Portability lliEl
Interim Number Portability (lNP).Each Party shall provide the other Party with
service provider number portability as an INP option for the purpose of allowing
Customers to change service-providing Party without changing their telephone
number. The Parties shall provide service provider number portability to each
other using remote call forwarding ("RCF") and/or direct inward dialing ("DID"
The requesting Party will provide "forward to" telephone number that is within the
same Wire Center. The VERIZON rates for INP service using RCF are set out in
Appendix B attached to this Attachment and made a part of this Agreement.
SPRINT shall provide INP to VERIZON at the rates specified for SPRINT in
Appendix B.
If a Party wishes to use DID to provide INP to its Customers , a dedicated trunk
group is required between the VERIZON end office where the DID numbers are
served into the SPRINT switch. If there are no existing facilities between
VERIZON and the SPRINT, the dedicated facilities and transport trunks will be
provisioned as unbundled service using the ASR provisioning process. The
requesting Party will reroute the DID numbers to the pre-positioned trunk group
using a Local Service Request ("LSR"
).
SPRINT may purchase DID trunk
service from VERIZON's tariff.
251/252 FINAL AGREEMENT
Local Number Portability (lliEl. The Parties agree that they shall develop and
deploy LNP in accordance with the Act, such binding FCC and state mandates,
and industry standards, as may be applicable.
1 The Parties agree that alllNP accounts will be converted to LNP within a
reasonable period of time after the conversion of an INP providing switch
to commercially available LNP, and that a reasonable period of time is
ninety (90) calendar days unless otherwise negotiated.
2 New requests for INP will not be allowed in a switch once LNP has been
deployed in that switch.
3 When SPRINT ports a telephone number to a SPRINT switch , SPRINT
will order access interconnection trunks to the access tandem which the
NPAlNXX of the ported number subtends for terminating feature group 0
switched access traffic, as shown in the LERG.
Poin Billina (MPB). The Parties may mutually establish MPB arrangements in
order to provide Switched Access Services to Access Service Customers via a VERIZON
access tandem in accordance with the MPB guidelines adopted by and contained in the
Ordering and Billing Forum s MECAB and MECOD documents , except as modified herein
and as described in Section 5.4.4 for INP.
VERIZON shall permit and enable SPRINT to sub-tend the VERIZON access
tandem(s) nearest to the SPRINT Rating Point(s) associated with the NPA-
NXX(s) to/from which the Switched Access Services are homed. In instances of
trunk port capacity limitation at a given access tandem, VERIZON will provision
trunk ports to SPRINT in the same manner in which it provisions trunk ports to
itself. SPRINT shall be allowed to subtend the next-nearest VERIZON access
tandem in which sufficient trunk port capacity is available.
Operations Matters
Service Orderina
SPRINT initiates orders to establish, add, change or disconnect trunk-side
interconnection services by sending an ASR to VERIZON. SPRINT should submit ASRs
to VERIZON through on-line applications or electronic files. SPRINT will order services
for INP and LNP by sending a LSR to VERIZON. SPRINT should submit LSRs to
VERIZON through an electronic interface or via facsimile (fax). The ordering process is
described in the GTE Guide. The ASR and/or LSR will be reviewed by VERIZON for
validation and correction of errors. Errors will be referred back to SPRINT. SPRINT then
will correct any errors that VERIZON has identified and resubmit the request to VERIZON
electronically through a supplemental ASR/LSR.
In instances where VERIZON initiates a service order to Sprint for interconnection
facilities or trunks, until such time as VERIZON is capable of initiating such orders
electronically, VERIZON will complete the necessary fields onthe ASR and transmit the
order to Sprint via FAX. The ASR will be reviewed by Sprint, and any errors will be
referred back to VERIZON.
251/252 FINAL AGREEMENT
Trunk Provisionina
2.4
Trunk Connections. Reciprocal traffic exchange arrangement trunk connections
shall be made at a OS1 or multiple OS-1 level, OS-3, or where technically
available, Synchronous Optical Network ("SONET"), and shall be jointly-
engineered to the appropriate industry grade of service standard such that the
overall probability of call blockage does not exceed 8.01.
Groomina SPRINT and VERIZON agree to use diligent efforts to develop and
agree on a Joint Interconnection Grooming Plan prescribing standards to ensure
that the reciprocal traffic exchange arrangement trunk groups are maintained at
the appropriate industry grades of service standard 8., overall. Such plan
shall also include mutually-agreed upon default standards for-the configuration of
all segregated trunk groups.
Sianalina. SS? Common Channel Signaling will be used to the extent that such
technology is available. If SS? is not available, Multi-Frequency Signaling (MF)
will be used as specified.
ESF Facilities.The Parties agree to offer and provide to each other 88ZS
Extended Superframe Format (ESF) facilities, where available, capable of voiceand data traffic transmission.
64kbps Channel.The Parties will support intercompany 64kbps clear channel
where available.
Toll Free Code Traffic (800. 888. etc.
If Sprint chooses VERIZON to handle toll free code database queries from
Sprint's central office switches, all Sprint originating toll free code service queries
will be routed over the interconnecting trunk group. This traffic will include a
combination of both Interexchange Carrier toll free code service and LEC toll free
code service that will be identified and segregated by carrier through the
database query handled through the VERIZON tandem switch.
Sprint may handle its own toll free code database queries from its switch. If so,
Sprint will determine the nature (exchange carrier or IXC 800 service provider) of
the toll free code call based on the response from the database. If the query
determines that the toll free service provider is an exchange carrier, Sprint will
rout the post-query ten-digit local number to VERIZON over the intra-LATA/Local
trunk group. If the query reveals the toll free service provider is an IXC, Sprint
will route the post-query call (toll free code number) directly from its switch for
carriers interconnected with its network or over the Access Toll Connecting group
to carriers not directly connected to its network but are connected to VERIZON'
access tandem.
3.4.
Hiah Volume Call-In Network3.4
A separate High Volume Call In-Local Interconnection (HVCI-Ll) trunk group may
be provisioned between Sprint's end office(s) and VERIZON's LERG-designated
High Volume Call-In tandem(s) or High Volume Call-In Serving Office(s) for each
of VERIZON's Mass Calling NPA-NXX(s) in a LATA or, alternatively, between
Sprint's tandem and VERIZON's LERG-designated HVCI tandem(s) or HVCI
Serving Office(s). This HVCI-LI trunk group shall be designed and built as one-
way (Sprint Central Office-to-VERIZON tandem) only and shall use SS?
251/252 FINAL AGREEMENT
3.4.
3.4.
3.4.4
signaling. As the HVCI-LI trunk group is designed to block all excessive attempts
toward HVCI/Mass Calling NXXs, it is necessarily exempt from the one percent
blocking standard described elsewhere for other final Local Interconnection
Trunk Groups. Sprint may use call-gapping and software designed networks to
control congestion in the mass calling network.
It is recommended that this group be sized as follows:
Number of Access Lines Served Number of HVCI-LI Trunks
0 - 5 000
001 - 25 000
25,001 - 50,000
001 - 75 000
75,000+6 Maximum
All applicable compensation arrangements described elsewhere for Local
Interconnection TrunksfTrunk Groups and terminating access shall apply to
HVCI-LI TrunksfTrunk Groups and traffic.
Should Sprint assign a Mass Calling code and establish an HVCI-LI interface for
traffic destined to its HVCI central office(s), VEAIZON shall establish reciprocal
mass calling trunks to Sprint subject to the requirements set forth in this Section.
Sprint has the option of call gapping or trunking in a specific tandem for gapping
by VEAIZON.
Where VEAIZON and Sprint both provide HVCI-LI trunking, both Parties' HVCI-
trunks may ride the same DS-1. MF and SS7 trunk groups shall not be provided
within a DS-1 facility; a separate DS-1 per signaling type must be used.
Trunk ForecastinQ
Joint Forecastinq . The Parties will develop joint forecasting of trunk groups in
accordance with Article I, Section 3.3. Intercompany forecast information must
be provided by the Parties to each other twice a year. The semi-annual forecasts
will include:
1 yearly forecasted trunk quantities for no less than a two-year period
(current year, plus one year); and
2 the use of (i) CLCI. MSG codes, which are described in Telcordia
Technologies document SA 795-100-100; (ii) circuit identifier codes as
described in SA 795-400-100; and (iii) Trunk Group Serial Number
(TGSN) as described in SA 751-100-195.
Maior Network Projects. Description of major network projects that affect the
other Party will be provided with the semi-annual forecasts provided pursuant to
Section 3.1. Major network projects include but are not limited to trunking or
network rearrangements, shifts in anticipated traffic patterns, or other activities by
either Party that are reflected by a significant increase or decrease in trunking
demand for the following forecasting period.
251/252 FINAL AGREEMENT
5.4
Forecast Reviews. Parties will meet to review and reconcile their forecasts if
their respective forecasts differ significantly from one another.
Trunk Facilitv Underutilization. At least once a year the Parties shall exchange
trunk group measurement reports for trunk groups terminating to the other
Party s network. In addition and from time to time, each Party will determine the
required trunks for each of the other Party s trunk groups from the previous 12
months servicing data. Required trunks will be based on the appropriate grade
of service standard (8.01 (end office) or B.005 (tandem)) or the Joint
Interconnection Grooming Plan referenced in Section 3.2. When a condition of
excess capacity is identified, VERIZON will facilitate a review of the trunk group
existing and near term (3 to 6 months) traffic requirements with the Customer for
possible network efficiency adjustment.
Network Redesians Initiated bv VERIZON
VERIZON will not charge SPRINT when VERIZON initiates its own network
redesig ns/reconfigu rations.
Routina Points
When SPRINT submits an ASR requesting trunks for the exchange of SPRINT traffic, the
ASR must reflect the NPA/NXX(s) associated with the trunks being ordered. Unless
specified on the Additional NXX Code Opening form , subsequent NXXs of SPRINT will
be routed in the same manner as the initial NXXs.
Common Channel Sianalina
Service Description. The Parties will provide Common Channel Signaling (CCS)
to one another via SS7 network interconnection, where and as available, in the
manner specified in FCC Order 95-187 , in conjunction with all traffic exchange
trunk groups. SS7 signaling and transport services shall be provided by
VERIZON in accordance with the terms and conditions of this Section 3.6. The
Parties will cooperate on the exchange of all appropriate SS7 messages for local
and intraLATA call set-up signaling, including ISDN User Part ("ISUP") and
Transaction Capabilities Application Part ("TCAP") messages to facilitate full
interoperabilityof all CLASS Features and functions between their respective
networks. Any other SS7 message services to be provided using TCAP
messages (such as database queries) will be jointly negotiated and agreed upon.
Signalina Parameters . All SS7 signaling parameters will be provided in
conjunction with traffic exchange trunk groups, where and as available. These
parameters include Automatic Number Identification ("ANI"), Calling Party
Number ("CPN"), Privacy Indicator, calling party category information, originating
line information , charge number, etc. Also included are all parameters relating to
network signaling information, such as Carrier Information Parameter ("CIP"
wherever such information is needed for call routing or billing. VERIZON will
provide SS7 via GR-394-SS7 and/or GR-317-SS7 format(s).
Privacy Indicators. Each Party will honor all privacy indicators as required under
applicable law.
8.4 Connection Throuah Sianal Transfer Point lliI.E.l SPRINT must interconnect
with the VERIZON STP(s) serving the LATA in which the traffic exchange trunk
groups are interconnected. Additionally, all interconnection to VERIZON'
251/252 FINAL AGREEMENT
800/888 database and VERIZON's Line Information Data Base (LlDB) shall
consistent with this section, take place only through appropriate STP pairs.
Third Party Sianalina Providers SPRINT may choose a third-party SS? signaling
provider to transport messages to and from the VERIZON SS? network. In that
event, that third party provider must present a letter of agency to VERIZON , prior
to the testing of the interconnection , authorizing the third party to act on behalf of
SPRINT in transporting SS? messages to and from VERIZON. The third-party
provider must interconnect with the VERIZON STP(s) serving the LATA in which
the traffic exchange trunk groups are interconnected.
MultiFrequency Sianalina. In the case where CCS is not available, in band Multi-
Frequency (MF), wink start, and E & M channel associated signaling with ANI will
be provided by the Parties. Network signaling information , such as CIC/OZZ, will
be provided wherever such information is needed for call routing or billing.
Network Manaaement Controls
Each Party shall provide a 24-hour contact number for Network Traffic Management
issues to the other s network surveillance management center. A fax number must also
be provided to facilitate event notifications for planned mass calling events. Additionally,
both Parties agree that they shall work cooperatively that all such events shall attempt to
be conducted in such a manner as to avoid degradation or loss of service to other
Customers. Each Party shall maintain the capability of respectively implementing basic
protective controls such as "Cancel To" and "Call Gap.
Technical/Reaulatory Requirements and Restrictions
Interconnection Callina Scopes
VERIZON Tandem Interconnection calling scope (terminating usage from
SPRINT) is to those VERIZON end offices which subtend the VERIZON tandem
to which the connection is made except as provided for in Section 4.
VERIZON End Office Interconnection calling scope (terminating usage from
SPRINT) is only to the end office and its remotes to which the connection is
made.
Inter-Tandem Switchina
The Parties will only use inter-tandem switching for the transport and termination of Local
Traffic, Optional EAS and IntraLATA Toll originating on each other s network at and after
such time as the Parties have agreed to and fully implemented generally accepted
industry signaling standards and Automated Message Accounting ("AMA") record
standards which shall support the recognition of multiple tandem switching events.
Number Resources.
Number Assianment.Nothing in this Agreement shall be construed to, in any
manner, limit or otherwise adversely impact SPRINTs right to employ or to
request and be assigned any NANP number resources including, but not limited
, Central Office (NXX) Codes pursuant to the Central Office Code Assignment
Guidelines. Any request for numbering resources by SPRINT shall be made
directly to the NANP Number Plan Administrator. The Parties agree that
disputes arising from numbering assignment shall be resolved by the NANP
251/252 FINAL AGREEMENT
4.4
Number Plan Administrator. SPRINT shall not request number resources to be
assigned to any VERIZON switching entity.
Numberinq/Dialinq Arranqement Chanqes. Each Party shall be responsible for
notifying its Customers of any changes in numbering or dialing arrangements to
include changes such as the introduction of new NPAs or new NXX codes. Each
Party is responsible for administering NXX codes assigned to it.
Rate Centers.
For purposes of compensation between the Parties and the ability of the Parties to
appropriately apply their toll rates to their end-user Customers, SPRINT shall adopt the
Rate Center areas and Rate Center points that the Commission has approved, and shall
assign whole NPA-NXX codes to each Rate Center within which SPRINT is providing
Local Exchange Service, or as otherwise allowed by NANP guidelines.
Code and Numbers Administration.
The Parties will comply with code administration requirements as prescribed by the FCC
the Commission, and accepted industry guidelines.
Proqramminq Switches
It shall be the responsibility of each Party to program and update its own switches and
network systems pursuant to information provided on ASRs as well as the Local
Exchange Routing Guide ("LERG") to recognize and route traffic to the other Party
assigned NXX codes. Neither Party shall impose any fees or charges whatsoever on the
other Party for such activities.
Maintenance of Tariffs.
SPRINT and VERIZON will use diligent efforts, individually and collectively, to maintain
provisions in their respective federal and state access tariffs, and/or provisions within the
National Exchange Carrier Association (NECA) Tariff No., or any successor tariff
sufficient to reflect any Meet-Point Billing arrangement between the Parties entered into
pursuant to this Agreement, including MPB percentages.
Financial Matters.
Rates and Charqes
Sprint agrees to pay to VERIZON the rates and charges for the Services set forth in the
applicable appendices to this Attachment, which constitutes part of this Agreement.
VERIZON's rates and charges for transport and termination of traffic are set forth in
Appendix A. VERIZON's rates and charges for INP using RCF are set forth in Appendix
B. VERIZON agrees to pay to Sprint these same rates and charges for the Services set
forth in the applicable appendices , or to pay a separate set of cost-based rates and
charges for local reciprocally compensated traffic pursuant to 47 C.F. R. 9 51.711.
Should Sprint file cost studies to establish cost based rates for termination of local traffic
, -
Sprint shall provide Notice to VERIZON of such filing. Once a State Commission has
approved a cost based traffic termination rate for Sprint, Sprint may provide Notice to
VERIZON requesting the Parties negotiate to amend this agreement to incorporate
Sprint's cost based rate. If the Parties are unable to agree upon an amendment within 90
days of such notice (or a longer period of time as agreed), either Party shall have the
right to arbitrate the issue before the State Commission.
251/252 FINAL AGREEMENT
Billina
The providing Party shall render to receiving Party a bill for interconnection services on a
current basis. Charges for physical facilities and other non-usage sensitive charges shall
be billed in advance, except for charges and credits associated with the initial or final
bills. Usage sensitive charges, such as charges for termination of Local Traffic, shall be
billed in arrears.
Billina Specifications
The Parties agree that billing requirements and outputs will be consistent with the
Telcordia Technologies Billing Output Specifications (BOS).
Usage measurement for calls shall begin when Answer Supervision or equivalent
SS? message is received from the terminating office and shall end at the time
call disconnect by the calling or called subscriber, whichever occurs first.
Minutes of use ("MOU"), or fractions thereof, shall not be rounded upward on a
per-call basis, but will be accumulated over the billing period. At the end of the
billing period, any remaining fraction shall be rounded up to the nearest whole
minute to arrive at total billable minutes for each interconnection. MOU shall be
collected and measured in minutes, seconds, and tenths of seconds.
In the event detailed billing records are not available (e.g. indirect
interconnection), summary billing reports may be utilized.
5.4 Compensation For Exchanae Of Traffic
5.4.
5.4.
5.4.
Mutual Compensation. The Parties shall compensate each other for the
exchange of Local Traffic originated by or terminating to the Parties' Customers
in accordance with Section 5.4.3. Charges for the transport and termination
optional EAS, intraLA T A toll andinterexchange traffic shall be in accordance with
. the Parties' respective intrastate or interstate access tariffs, as appropriate.
5.4.For purposes of reciprocal compensation, this Agreement recognizes
that unless and until the Commission rules differently in Docket No. 00-
02-005, traffic originated by and passed to Internet Service Providers
(ISPs), Le., internet traffic, shall not be treated as Local Traffic and,
therefore, shall not be subject to reciprocal compensation.
PLU Factors If required, SPRINT and VERIZON will reciprocally provide
Percent Local Usage ("PLU") factors to each other on a semi-annual basis to
identify the proper percent of Local Traffic carried on local interconnection trunks.
PLU's shall be reported in whole numbers only. If either Party does not provide
to the other Party an updated PLU , the previous PLU will be utilized. The Parties
agree to the initial PLU factor as set forth in Appendix A.
Bill-and-Keep. The Parties shall assume that Local Traffic originated by or
terminating to the Parties' Customers is roughly balanced between the Parties
unless traffic studies indicate otherwise. Accordingly, the Parties agree to use a
Bill-and-Keep Arrangement with respect to termination of Local Traffic only.
Either Party may request, pursuant to Article II, Section 5., that a traffic study
be performed no more frequently than once a quarter. Should such traffic study
indicate, in the aggregate, that either Party is terminating more than sixty (60)
percent of the Parties' total terminated minutes for Local Traffic, either Party may
251/252 FINAL AGREEMENT
5.4.4
251/252 FINAL AGREEMENT
notify the other that mutual compensation will commence on a going forward
basis pursuant to the rates set forth in Appendix A and following such notice it
shall begin and continue for the duration of the Term of this Agreement unless
otherwise agreed. Nothing in Section 5.4 shall be interpreted to (i) change
compensation set forth in this Agreement for traffic or services other than Local
Traffic, including but not limited to internetwork facilities, access traffic or wireless
traffic, or (ii) allow either Party to aggregate traffic other than Local Traffic for the
purpose of compensation under the Bill-and-Keep Arrangement described in this
Section.
Compensation for Terminatinq Access Charqes on Calls to Ported Numbers via
RCF. The Parties agree that a meet point billing arrangement will be used to bill
for terminating switched access charges associated with calls terminated to a
ported number. Each Party will bill the IXCs applicable switched access rate
elements for functions provided over each respective Party s facilities. The
Parties will follow any industry standards established for call record exchanges
for meet point billing. Until industry standards for call record exchanges are
established for interim number portability, the Parties agree that switched access
termination to a ported number will be billed by the Party providing interim
number portability and that the Party billing the switched access will share the
switched access revenue with the other Party. 'The Party providing interim
number portability is entitled to keep the portion of collected access revenue
associated with tandem switching, transport, and residual/transport
interconnection charge rate elements, as applicable. The Party terminating
ported calls is entitled to receive the portion of collected access revenue
associated with the end office switching rate elements. As part of this revenue
sharing arrangement, the Parties agree to compensate each other as specified in
Appendix B.
5.4.4.As part of the revenue sharing arrangement described in Section 5.4.4
the number of lines per ported number that are subject to compensation
will be determined at the time the Customer s local service is changed
from one Party to the other. The number of lines per ported number
eligible for the shared revenue arrangement described in this section will
be limited to the number of lines in service on the date of conversion plus
a 100/0 growth margin. After conversion the number of lines per ported
number available for compensation can only be increased by mutual
consent of the Parties.
5.4.4.As part of the revenue sharing arrangement described in Section 5.4.4
the Parties agree that the compensation rates may change as a result of
changes in access rates, traffic volume or for other reasons and agree to
renegotiate the rates if a significant event occurs. At a minimum, the
Parties agree to reevaluate the rates on an annual basis.
5.4.4.The Parties agree that terminating switched access calls ported via
interim number portability may appear to the receiving Party to be a local
call and that the implementation of reciprocal compensation for
terminating local calls may result In overcompensation for ported
switched access calls. The Parties agree that no charges shall be
applied to the ported switched access calls as part of the local traffic
termination. When the access revenue sharing arrangement described
in Section 5.4.4 is in effect, the Parties agree to renegotiate the
terminating shared access compensation rates if reciprocal
compensation for local calls is implemented.
5.4.4.4 As part of the revenue sharing arrangement described in Section 5.4.4
the Party receiving the payments on a per line per month basis agrees to
provide the following information on its invoice; name of the end user
accounts; the ported telephone numbers; the telephone numbers
assigned to the lines in its switch; the INP methods used; class of
service; and dates of initial installation and disconnects.
5.4.4.Upon implementation of permanent local number portability, the Parties
agree to transition all interim number portability Customers and their
services to permanent local number portability methods within a mutually
agreed upon time frame and discontinue use of further interim methods
of number portability.
Tandem Switched Traffic.
The Parties will provide tandem switching for traffic between the Parties' end offices
subtending each other s tandem , as well as for traffic between either Party s end-users
and any third party which is interconnected to the other Party s tandem as follows:
Compensation Arranoements
Sprint as the originating Party will compensate VERIZON as the tandem Party for
each minute of originated tandem switched traffic which terminates to third party
(e., other CLEC, ILEC, or wireless service provider). The applicable rate for
this charge is the tandem transiting charge identified in Appendix A.
VERIZON as the originating Party will compensate Sprint as the tandem Party for
each minute of originated tandem switched traffic which terminates to third party
(e., other CLEC, ILEC, or wireless service provider). The applicable rate for
this charge is the tandem transiting charge identified in Appendix A, or Sprint's
cost based rate as provided for in Section 5.
The originating Party also assumes responsibility for compensation to the
company which terminates the call. Neither the terminating Party nor the tandem
provider will be required to function as a billing intermediary, e., clearing house.
Third-Partv Providers. The Parties agree to enter into their own agreements with
third-party providers. In the event that one Party originates traffic that transits the
second Party s network to reach a third-party provider with whom the originating
Party does not have a traffic interexchange agreement, then the originating Party
will indemnify the second Party against any and all charges rendered by a third-
party provider for such traffic, including any termination charges related to such
traffic and attorneys fees and expenses.
Compensation for Internetwork Facilities
The Parties agree to the following compensation for internetwork facilities, depending on
facility type. Only Local Traffic and IntraLATA Toll Traffic will be used for calculation of
this compensation.
Mid-Span Fiber Meet.VERIZON will charge special access (flat rated) transport
from the applicable intrastate access tariff and will rate charges between the IP
and VERIZON's interconnection switch. Subject to mutual agreement of the
Parties, the Parties may agree to interconnect utilizing alternative interconnection
arrangements, e., Optical Networking or MetroLAN. DS1 facility charges will
251/252 FINAL AGREEMENT
be reduced to reflect the proportionate share of the facility that is used for
transport of Local Traffic originated by VERIZON. The initial proportionate share
factor for facilities is set forth in Appendix A. This factor will be updated quarterly
in like manner or as the Parties otherwise agree. SPRINT will charge flat rated
transport (Le. non-usage sensitive) to VERIZON for SPRINT facilities used by
VERIZON at tariffed rates or as mutually agreed. SPRINT will apply charges
based on the lesser of; (i) the airline mileage from the IP to the SPRINT switch;
or (ii) the airline mileage from the VERIZON switch to the serving area boundary.
Collocation.VERIZON will charge EIS/Collocation rates from the applicable
VERIZON tariff, unless otherwise specified in this Agreement. SPRINT will
charge VERIZON flat rated transport at tariffed rates or as mutually agreed, to
reflect the proportionate share of the facility that is used for transport of Local
Traffic originated by VERIZON. SPRINT will apply charges based on the lesser
of (i) the airline mileage from the IP to the SPRINT switch; or (ii) two (2) times the
airline mileage from the VERIZON switch to the serving area boundary.
Special Access VERIZON will charge special access rates from the applicable
VERIZON intrastate access tariff. DS1 charges will be reduced to reflect the
proportionate share of the facility that is used for transport of Local Traffic
originated by VERIZON. The Parties will negotiate an initial factor representative
of the proportionate share of the facilities. This factor will be updated quarterly in
like manner or as the Parties otherwise agree. Subject to mutual agreement of
the Parties, the Parties may agree to interconnect utilizing alternative
interconnection arrangements, e., Optical Networking or MetroLAN.
Point Billina (MPB) and Exchanae Access Service
Billina. As detailed in the MECAB document, SPRINT and VERIZON will, in a
timely fashion, exchange all information necessary to accurately, reliably and
promptly bill Access Service Customers for Switched Access Services traffic
jointly handled by SPRINT and VERIZON via the meet-point arrangement.
Information shall be exchanged in Exchange Message Interface ("EM I") format
on magnetic tape or via a mutually acceptable Electronic File Transfer protocol.
SPRINT and VERIZON will exchange all information necessary to enable
each Party to transmit usage data to the other Party. Subsequent to the
exchange of transmission information, the tandem Party, as the
subsequent billing company (SBC), will provide the end office Party, as
the initial billing company (IBC), detailed Exchange Access usage data
(EMI Category 1'1-01) within thirty (30) calendar days of the end of the
billing period. The IBC will perform its responsibilities as defined by
MECAB, and will provide to the SBC summary usage data (EMI
Category 11-50) within ninety (90) calendar days of the detail recording,
or within ten (10) business days after the date that the IBC renders a bill
to the IXC(s), whichever date is sooner.
2 SPRINT and VERIZON shall work cooperatively to coordinate rendering
of Meet-Point bills to Customers, and shall reciprocally provide each
other usage data and related information at the appropriate charge.
Compensation . Initially, billing to Access Service Customers for the Switched
Access Services jointly provided by SPRINT and VERIZON via the MPB
arrangement shall be according to the multiple-bill method as described in the
MECAB guidelines. This means each Party will bill the Access Service Customer
for the portion of service it provided at the appropriate tariff, or price list.
251/252 FINAL AGREEMENT
Subsequently, SPRINT and VERIZON may mutually agree to implement one of
the following options for billing to third parties for the Switched Access Services
jointly provided by SPRINT and VERIZON via the MPB arrangement: single-
bill/single tariff method; single-bill/multiple tariff method; or to continue the
multiple-bill method. Should either Party prefer to change among these billing
methods, that Party shall notify the other Party of such a request in writing, ninety
(90) Business Days in advance of the date on which such change is desired to
be implemented. Such changes then may be made in accordance with MECAB
guidelines and, if the Parties mutually agree, the change will be made.
251/252 FINAL AGREEMENT
APPENDIX A TO THE INTERCONNECTION ATTACHMENT
RATES AND CHARGES FOR TRANSPORT AND TERMINATION OF TRAFFIC
General.The rates contained in this Appendix A are the rates as defined in the Interconnection
Attachment and are subject to change resulting from future Commission or other proceedings, including
but not limited to any generic proceeding to determine VERIZON's unrecovered costs (e., historic costs
contribution , undepreciated reserve deficiency, or similar unrecovered VERIZON costs (including
VERIZON's interim Universal Service Support Surcharge)), the establishment of a competitively neutral
universal service system , or any appeal or other litigation.
Each Party will bill the other Party as appropriate:
The Local Interconnection rate element that applies to Local Traffic on a minute of use
basis that each Party switches for termination purposes at its wire centers. The local
interconnection rate is: $0.0068413.
The Tandem Switching rate element that applies to tandem routed Local Traffic on a
minute of use basis. The tandem switching rate is: $0.0048870
The Common Transport Facility rate element that applies to tandem routed Local Traffic
on a per minute/per mile basis. The Common Transport Facility rate is
VERIZON AT&T Arbitrated
$0.0000266 $0.0000155
The Common Transport Termination element that applies to tandem routed Local Traffic
on a per minute/per termination basis. The Common Transport Termination rate is
VERIZON AT & T Arbitrated
$0.0002092 $0.0002047
The Tandem Transiting Charge is comprised of the following rate elements:
VERIZON
Arb.
AT&T
Tandem Switching:= $0.0048870 N/A
Tandem Transport (10 mile average): 10 x $0.0000266 = $0.0002660 $0.000155
Transport Termination (2 Terminations): 2 x $0.0002092 = $0.0004184 $0.0004094
Transiting Charge:= $0.0055714 $0.005451
Initial Factors:
PLU
Initial Proportionate Share Factor
Exempt Factor
950/0
500/0
50/0
251/252 FINAL AGREEMENT
APPENDIX B TO THE INTERCONNECTION ATTACHMENT
RATES AND CHARGES FOR INTERIM NUMBER PORTABILITY USING RCF
General.The rates contained in this Appendix B are as defined in the Interconnection Attachment, and
are subject to change resulting from future Commission or other proceedings, including but not limited to
any generic proceeding to determine VERIZON1s unrecovered costs (e., historic costs, contribution
undepreciated reserve deficiency, or similar unrecovered VERIZON costs (including VERIZON's interim
Universal Service Support Surcharge)), the establishment of a competitively neutral universal service
system, or any appeal or other litigation.
Interim Number Portability
VERIZON AT&T
Remote Call Forwarding (line/month)$3.
Non-Recurring Charges (NRCs) for Interim Number Portability
Pre-ordering
CLEC Account Establishment Per CLEC $ 269.
Ordering and Provisioning
Initial Service Order
Subsequent Service Order
Manual Ordering Charge
37.45
$ 28.
$ 11.
Custom Handling (Applicable to both INP and LNP)
Service Order Expedite
Coordinated Conversion
Hot Coordinated Conversion First Hour
Hot Coordinated Conversion Per Additional Quarter Hour
$ 5.
$ 21.
$ 37.$ 8.
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that SPRINT orders any
service from this Agreement.
Ordering and Provisioning:
Initial Service Order (ISO) applies per Local Service Request (LSR) if not apart of a Unbundled
Network Element (UNE) ISO.
Subsequent Service Order applies per LSR for modifications to an existing LNP service.
Manual Ordering Charge applies to orders that require VERIZON to manually enter SPRINTs
order into VERIZON's Secure Integrated Gateway System (SIGS), e.g. faxed orders and orders
sent via physical or electronic mail.
251/252 FINAL AGREEMENT
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NACs):
Service Order Expedite applies if SPRINT requests service prior to the standard due date
intervals and if not a part of a UNE Expedite.
Coordinated Conversion applies if SPRINT requests notification and coordination of service
cutover prior to the service becoming effective and if not a part of a UNE Coordinated
Conversion.
Hot Coordinated Conversion First Hour applies if SPRINT requests real-time coordination of a
service cut-over that takes one hour or less, and if not a part of a UNE Hot Coordinated
Conversion First Hour.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the 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, and if not a part of a UNE Hot CoordinatedConversion Per Additional Quarter Hour.
In addition, as defined in the Interconnection Attachment, the Party providing the ported number will pay
the other Party the following rate per line per month for each ported business line and the rate per line per
month for each ported residential line for the sharing of Access Charges on calls to ported numbers.
California Contel
Business Rate Per Line Per Month:$ 3.
Residential Rate Per Line Per Month:$ 2.40
California VERIZON
Residential Rate Per Line Per Month:
$2.
$ 2.
Business Rate Per Line Per Month:
California West Coast
Residential Rate Per Line Per Month:
$ 5.
$ 4.
Business Rate Per Line Per Month:
251/252 FINAL AGREEMENT
AUGUST 21 , 200 LETTER AGREEMENT ~VerizID
Steven J. Pitterle
Director - Negotiations
Wholesale Markets
Wholesale Network Services
600 Hidden Ridge HQE03B67
O. Box 152092
Irving, Texas 75038
Phone 972-718-1333
Fax 972-718-1279
steve.pitterle (Q) verizon.com
August 21 , 2000
Mr. W. Richard Morris
Vice President
External Affairs Local Markets
Sprint Communications Company loP.
7301 College Boulevard
Overland Park, KS 66210
Dear Mr. Morris:
You have informed me that Sprint Communications Company loP. ("Sprint") intends to file a petition with
the California Public Utilities Commission (the "Commission ) on or about August 25, 2000 to compel
arbitration of an interconnection agreement with Verizon California Inc. f/k/a GTE California Incorporated
Verizon CA"). This letter confirms the intentions of Sprint and Verizon CA (the "Parties ) regarding the
treatment to be accorded Internet traffic under the reciprocal compensation provisions of the agreement
that results from that arbitration (the "Agreement"
In recognition of the fact that the Commission intends to address the issue of reciprocal compensation for
Internet traffic in Rulemaking No. 00-02-005 (the "Rulemaking ), the Parties agree that while the issue will
be raised in Sprint's Petition regarding the proper treatment for Internet traffic in the Arbitration, Sprint will
state in the .Petition that the Parties have agreed to abide by the outcome of the Rulemaking in Docket
No. 00-02-005 and will state that the Parties have agreed that neither party will present testimony in the
arbitration on the issue. Instead, the Parties agree to negotiate in good faith to conform the reciprocal
compensation and related provisions of the Agreement (as it pertains to the state of California) to reflect
the final Order of the Commission in the Rulemaking, and, if necessary, to true-up prior reciprocal
compensation billings and payments to reflect the terms of the Order retroactively to the effective date of
the Agreement. Such true-up will occur within sixty (60) days of the date on which the Commission Order
becomes effective and is not stayed.
251/252 FINAL AGREEMENT
It is expressly understood and agreed that except as may be required by the Order in the Rulemaking and
by the terms of this letter agreement,neither Party shall have any obligation to pay reciprocal
compensation on Internet traffic delivered to the other Party, and any provisions included in the
Agreement prior to the issuance of the Order shall so provide.
The Parties further agree that once the Agreement has been renegotiated to reflect the terms of the
Order, they shall also include the following provision in the Agreement:
If the Commission, the FCC or a court of competent jurisdiction should issue or release an order
or if a federal or state legislative authority should enact a statute, that by its terms (i) expressly
supercedes or modifies existing interconnection agreements and (ii) specifies a rate or rate
structure for reciprocal compensation, intercarrier compensation , or access charges that is to
apply to Internet traffic, then the Parties shall promptly amend this Agreement to reflect the terms
of such order or statute. If an order or statute specifies such a rate or rate structure, but does not
expressly supercede or modify existing interconnection agreements, then either Party may
demand negotiations with the other Party to amend this Agreement to reflect the terms of such
order or statute. If such negotiations do not result in the Parties' amendment of this agreement
within thirty (30) days , either Party may bring this issue before the Commission for arbitration.
Any such amendment shall be retroactive to the effective date set forth in the order or statute, or
such date as ordered by the Commission.
Except for the provisions hereof pertaining to the Arbitration , by entering into this letter agreement the
Parties do not waive, and hereby expressly reserve, their respective rights to argue their positions
regarding the payment of reciprocal compensation for Internet traffic before any regulatory, legislative or
judicial body.
Please indicate your agreement to the foregoing by signing below.
Sincerely,
AGREED:
SPRINT COMMUNICATIONS COMPANY loP.
BY:
DATE:
251/252 FINAL AGREEMENT
RESALE ATTACHMENT
General.
The rates, terms, and conditions for Resale are set forth in VERIZONls Resale Tariff Schedule
Cal. P.C. No. K-5 and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine VERIZON'
unrecovered costs (e., historic costs, contribution, undepreciated reserve deficiency, or similar
unrecovered VERIZON costs (including VERIZON's interim Universal Service Support
Surcharge)), the establishment of a competitively neutral universal service system , or any appeal
or other litigation. Nothing in this Resale Attachment supplements or amends VERIZON's Resale
Tariff Schedule CAL. P.C. No. K-5. SPRINT may also purchase services from VERIZON
pursuant to Schedule Cal. P.C. No. A-16; such services may be ordered by SPRINT in bulk
and may be billed to SPRINT.
Sprint may purchase at a discount and on a stand-alone basis (meaning Sprint is not required to
be the service provider for the underlying associated dial tone) any or all Vertical Features and
services offered at retail by Verizon to its end users pursuant to Section 251 (c)(4) of the Act and
CFR 51.605(a). Without limiting the generality of the foregoing, the Parties will work together to
develop standardized ordering guidelines for Call Forwarding Custom Calling Services listed in
Cal. P.C. No. K-, Section III.C.5. Call Forwarding Custom Calling Services shall be ordered
by Sprint via a wholesale process agreed to by the Parties until a final process is developed
within the framework of OBF issue 2037 , or as otherwise agreed to by the Parties. The Parties
further agree that stand-alone vertical features will be exempt from any performance measures
until such time as OBF issue 2037 is final and implemented by the Parties.
This Resale Attachment (Attachment), together with Articles I and II, defines the
Telecommunication Services (including exchange Services, related Vertical Features and other
services that may be purchased from VERIZON and resold by SPRINT) and sets forth the terms
and conditions applicable to such resold services. Except as specifically provided otherwise in
this Agreement, provisioning of exchange Services for resale will be as provided for in the GTE
Guide. The resale Services described in this Attachment, shall be referred to herein collectively
as "Services , or each individually as "Service
Services.
Local Exchanae Services
Resold basic exchange Service includes, but is not limited to, the following elements:
Voice Grade Local Exchange Access Line - includes a telephone number and
dial tone;
Local Calling - at local usage measured rates if applicable to the Customer;
Access to long distance carriers;
1.4 911 Emergency Dialing;
Access to Service Access Codes - e., 800 , 888, 900;
Use of AIN Services (those Currently Available to Customers);
Customer Private Line Services;
251/252 FINAL AGREEMENT
Listing of telephone number in appropriate "white pages" directory;
Copy of "White Pages" and "Yellow Pages" directories for the appropriate
VERIZON service area; and
10 IntraLATA toll.
Dialina Parity.
For all call types associated with the resale services provided to Sprint by VERIZON
under this Agreement: (a) a Sprint customer will not be required to dial any greater
number of digits than a similarly situated VERIZON customer; (b) the post dial delay (the
time elapsed between the last digit dialed and the first network response), call completion
rate and the transmission quality received by a Sprint customer will be at least equal in
quality to that received by a similarly situated VERIZON customer; and (c) the Sprint
customer shall be permitted to retain its local telephone number provided the customer
remains within the same wire center. End users of Sprint and end users of VERIZON will
have the same exchange boundaries; such end users will be able to dial the same
number of digits when making a local call and activating feature functionality.
Other Services Available for Resale.
Subject to the limitations enumerated in this Attachment, the type of Services made
available to SPRINT are those Telecommunications Services described in VERIZON'
Resale Tariff Schedule Cal. P.C. No. K-5 as amended from time to time.
Sprint's end users may activate any services or features that are billed on a per
use or per activation basis (e., continuous redial, last call return, call back
calling, call trace, etc.). Access to these services will not be turned up if Sprint
requests that those services be blocked and if VERIZON offers such blocking to
its end users. VERIZON shall provide Sprint with detailed billing information (per
applicable OBF guidelines, if any) as necessary to permit Sprint to bill its end
users such charges.
VERIZON shall provide to Sprint, on a per-line basis, the ability to request
blocking services that VERIZON offers to its end users, e., 700, 900, 976.
2.4 Grandfathered Products and Services.
Products and Services identified in VERIZON tariffs as grandfathered in any manner are
available for resale only to Customers that already have such grandfathered product or
Service. An existing Customer may not move a grandfathered product or Service to a
new service location.
Operator Services (OS) and Directory Assistance (DA).
OS for local and toll assistance (e., call completion , busy line verification and
emergency interruption) and DA (e., 411 calls) are provided as a part of exchange
Services offered for resale. VERIZON may brand this Service as VERIZON. SPRINT
will be billed in accordance with VERIZON's resale tariff. If SPRINT requests branding or
unbranding, VERIZON will provide such unbranding or rebranding with SPRINT's name
using customized routing as described in Section 3.7. Alternatively, once VERIZON has
deployed the network and software updates necessary to support the provision of
branding and unbranding through the use of Originating Line Number Screening (OLNS),
at SPRINTS option, VERIZON will provide branding and unbranding to SPRINT via
251/252 FINAL AGREEMENT
OLNS. For those offices that SPRINT has requested VERIZON to rebrand and/or
unbrand OS and DA, VERIZON will provide it where VERIZON performs its own OS and
DA Service subject to capability and capacity limitations where customized routing, or the
required version of OLNS, is Currently Available. If VERIZON uses a third-party
contractor to provide OS or DA, VERIZON will not provide branding nor will VERIZON
negotiate it with a third-party on behalf of SPRINT. SPRINT must negotiate with the third
party. In these instances, SPRINT will need to purchase customized routing and
dedicated trunking to differentiate its OS/DA traffic from VERIZON's. VERIZON shall
include a SPRINT Customer listing in its DA database as part of the LSR process.
VERIZON will honor SPRINT Customer s preferences for listing status, including non-
published and unlisted, and will enter the listing in the VERIZON database which is used
to perform DA functions as it appears on the LSR.
Telephone Relay Service.
Local and intraLATA telephone relay service (TRS) enables deaf, hearing-impaired; or
speech-impaired TRS users to reach other telephone users. With respect to resold
Services, SPRINT's Customers will have access to the state authorized TRS Provider to
the extent required by the Commission, including any applicable compensation
surcharges.
Changes in Service.
VERIZON will notify Sprint of proposed new retail services or modifications to existing
Services, including changes to rates, sixty (60) days prior to the expected date of
regulatory approval of the new or modified Service. If new or modified Services are
introduced with less than sixty (60) days notice to the regulatory authority, VERIZON will
notify Sprint at the same time it notifies the Commission via the tariff filing of proposed
new or modified Services, or as required under applicable Commission rules.
Operations and Administrative Matters.
Service Orderinq, Service Provisioninq, and Billinq
251/252 FINAL AGREEMENT
GTE Guide and CLEC Profile. SPRINT will order Services for resale directly from
VERIZON through an electronic interface or fax. Except as specifically provided
otherwise in this Agreement, guidelines for service preordering, ordering,
provisioning, billing, maintenance and electronic interfaces are provided in the
GTE Guide. In accordance with Article I , Section 3.1, VERIZON will not process
resale orders until the SPRINT Profile has been completed and returned; and, if
required, an advanced deposit paid.
Local Service Request.Orders for Services will be placed utilizing standard LSR
forms. VERIZON will continue to participate in industry forums for developing
service order/disconnect order formats and will incorporate appropriate industry
standards. Complete and accurate forms (containing the requisite Customer
information as described in the GTE Guide) must be provided by SPRINT before
a request can be processed. VERIZON will accept orders for As-Is Transfers
(A IT) of Services from VERIZON to SPRINT where VERIZON is the Customer
current local exchange company. When end-user accounts are converted to
Sprint accounts, all VERIZON line-based calling cards will automatically be
terminated at conversion. VERIZON cannot provide an AIT of service from
another CLEC selling VERIZON's Services to SPRINT.
1.4
911 Updates. VERIZON will update the applicable 911/E911 database at
parity with retail ordering processes.
Letter of Authorization LOA. VERIZON will not release the Customer service
record (CSR) or inquiry containing Customer proprietary network information
(CPNI) to SPRINT on VERIZON Customer accounts unless SPRINT first
provides to VERIZON a written LOA. Such LOA may be a blanket LOA or other
form agreed upon between VERIZON and SPRINT authorizing the release of
such information to SPRINT or if state or federal law provides otherwise, in
accordance with such law. An LOA will be required before VERIZON will
process an order for Services provided in cases in which the Customer currently
receives local exchange or Exchange Access service from VERIZON or from a
CLEC other than SPRINT. Such LOA may be a blanket LOA or such other form
as agreed upon between VERIZON and SPRINT.
Unauthorized Chanqes If SPRINT submits an order for resold Services under
this Agreement in order to provide Service to a Customer that, at the time the
order is submitted, is obtaining its local Services from VERIZON or another LEC
using VERIZON Services, and the Customer notifies VERIZON that the
Customer did not authorize SPRINT to provide local exchange Services to the
Customer, SPRINT must provide VERIZON with written documentation of
authorization from that Customer within thirty (30) Business Days of notification
by VERIZON. If SPRINT cannot provide written documentation of authorization
within such time frame, SPRINT must within three (3) Business Days thereafter:
1.4.notify VERIZON to change the Customer back to the LEC providing
Service to the Customer before the change to SPRINT was made; and
1.4.provide any Customer information and billing records SPRINT has
obtained relating to the Customer to the LEC previously serving the
Customer; and
1.4.notify the Customer and VERIZON that the change back to the previous
LEC has been made.
Furthermore, VERIZON will bill SPRINT fifty dollars ($50) per affected line to
compensate VERIZON for switching the Customer back to the original LEC.
Transfers Between SPRINT and Another Reseller of VERIZON Services.When
SPRINT has obtained a Customer from another reseller of VERIZON Services
SPRINT will inform VERIZON of the transfer by submitting standard LSR forms
to VERIZON. VERIZON cannot accept an order for AIT of service from one
CLEC reselling VERIZON Services to another reseller of VERIZON Services.
Requlations and Restrictions
General Requlations. General regulations, terms and conditions governing rate
applications, technical parameters, service availability, definitions and feature
interactions, as described in the appropriate VERIZON intrastate local , toll and
access tariffs, apply to retail Services made available by VERIZON to SPRINT
for resale provided by VERIZON to SPRINT, when appropriate, unless otherwise
specified in this Agreement. As applied to Services offered under this
Agreement, the term "Customer" contained in the VERIZON retail tariff shall be
deemed to mean "SPRINT" as defined in this Agreement.
251/252 FINAL AGREEMENT
Resale to Other Carriers. Services available for resale may not be used by
SPRINT to provide access to the local netwQrk as an alternative to tariffed
switched and special access by other carriers, including, but not limited to:
interexchange carriers, wireless carriers, competitive access providers, or other
retail telecommunications providers.
Maintenance.
VERIZON will provide repair and maintenance Services to SPRINT and its Customers for
resold Services in accordance with the same standards and charges used for such
Services provided to VERIZON Customers. Such maintenance and repair requirements
will include, without limitation, those applicable to testing and network management of
VERIZON's retail operations. VERIZON will not initiate a maintenance call or take action
in response to a trouble report from a SPRINT Customer until such time as trouble is
reported to. VERIZON by SPRINT. SPRINT must provide to VERIZON all Customer
information necessary for the installation, repair and servicing of any facilities used for
resold Services according to the procedures described in the GTE Guide.
3.4 Information Services Traffic.
VERIZON shall route traffic for information Services (Le., 900-976, Internet, weather
lines, sports providers, etc.) that originates on its network to the appropriate information
service platform. In the event VERIZON performs switching of information service
provider traffic associated with resale for SPRINT, VERIZON shall provide to SPRINT the
same call detail records that VERIZON records for its own Customers, so as to allow
SPRINT to bill its Customers. VERIZON shall not be responsible or liable to SPRINT or
the information service provider for billing and collection and/or any receivables of the
information service provider.
Oriainatina Line Number Screenina (OLNS)
Upon request, VERIZON will update the database to provide OLNS which indicates to an
operator the acceptable billing methods for calls originating from the calling number (e.
penal institutions, COCOTS).
Misdirected Calls.
The Parties will employ the following procedures for handling any misdirected calls (e.
business office, repair bureau, etc.
To the extent the correct provider can be determined, each Party will refer
misdirected calls to the proper provider of local exchange Service. When
referring such calls, both Parties agree to do so in a courteous manner at no
charge.
For misdirected repair calls, the Parties will provide their respective repair bureau
contact number to each other on a reciprocal basis and provide the Customer the
correct contact number.
In responding to misdirected calls, neither Party shall make disparaging remarks
about each other, nor shall they use these calls as a basis for internal referrals or
to solicit Customers or to market Service.
251/252 FINAL AGREEMENT
Customized Routina.
Where Currently Available and upon receipt of a written request from SPRINT, VERIZON
agrees to provide customized routing for the following types of calls:
O+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when intraLATA presubscription is not
available)
1+HNPA-555-1212 (intraLATA, only when intraLATA presubscription is not
available).
Upon request, VERIZON will provide SPRINT a list of switches that can provide
customized routing using line class codes or similar method (regardless of current
capacity limitations). SPRINT will return a list of these switches ranked in priority order.
VERIZON will return to SPRINT a schedule for customized routing in the switches with.
existing capabilities and capacity. In response to the written request from SPRINT
VERIZON will provide SPRINT with applicable charges, and terms and conditions, for
providing OS and OA, branding, and customized routing. For those offices that SPRINT
has requested VERIZON to rebrand and/or unbrand OS and OA, VERIZON will provide it
where VERIZON performs its own OS and OA service subject to capability and capacity
limitations where Customized Routing is Currently Available. If VERIZON uses a third-
party contractor to provide OS or OA, VERIZON will not provide branding nor will
VERIZON negotiate it with a third party on behalf of SPRINT. SPRINT must negotiate
with the third party,; In these instances, SPRINT will need to purchase customized
routing to differentiate OS/OA traffic from VERIZON's.
Sprint may brand the resale services that VERIZON provides to Sprint under the
provisions of this Agreement. VERIZON will not brand such resale services
provided to Sprint under this Agreement as being VERIZON services.
In all cases of operator and directory assistance services Sprint provides using
services provided by VERIZON under this Agreement, VERIZON shall, where
technically feasible, at Sprint's sole discretion and expense, brand any and all
such services at all points of customer contact exclusively as Sprint services, or
otherwise as Sprint may specify, or be provided with not brand at all, as Sprint
shall determine.
Upon Sprint's request and where technically feasible, VERIZON shall route
directory assistance calls including 411 and (NPA) 555-1212 dialed by Sprint's
customers directly to the Sprint platform.
7.4 Upon Sprint's request , and where technically feasible , VERIZON shall route
operator services (0+, 0-) dialed by Sprint's customer directly to the Sprint
platform. Such traffic shall be routed over trunk groups specified by Sprint.
Subject to the above provisions, VERIZON will choose the method of implementing
customized routing of OS and OA calls. When VERIZON agrees to provide customized
routing to SPRINT, SPRINT will be responsible for the transport to route OS/OA traffic to
the designated platform.
251/252 FINAL AGREEMENT
900-976 Call Blockina
VERIZON shall not unilaterally block 900-976 traffic in which VERIZON performs
switching associated with resale. VERIZON will block 900-976 traffic when requested to
do so, in writing, by SPRINT. SPRINT shall be responsible for all costs associated with
the 900-976 call blocking request. VERIZON reserves the right to block any and all calls
which may harm or damage its network.
Access. To the extent Sprint resells a service that carries with it the access component
(Le., local dial tone),VERIZON retains all revenue due from other carriers for access to
VERIZON facilities, including both switched and special access charges. However,
VERIZON is not entitled to these access revenues if Sprint is reselling other wholesale
offerings of VERIZON but not reselling VERIZON's local dial tone product.
Brandinq VERIZON shall provide to SPRINT the applicable charges for unbranding or
rebranding and customized routing as set forth in Section 3.
Billinq.
General.VERIZON will utilize CBSS to produce the required bills for resold Services.
CBSS will create a bill to SPRINT along with a summary bill master within ten (10)
calender days of the last day of the most recent billing cycle. State or sub-state level
billing will include up to thirty (30) summary bill accounts.
Alternate Billed Calls VER IZON shall record usage data originating from
SPRINT Customers that VERIZON records with respect to its own retail
Customers, using Services ordered by SPRINT. On resale accounts, VERIZON
will provide usage in EMR format per existing file exchange schedules. Incollects
are calls that are placed using the Services of VERIZON or another LEC and
billed to a resale service line of SPRINT. Outcollects are calls that are placed
using a SPRINT resale SerVice line and billed to a VERIZON line or line of
another LEC or LSP. Examples of an incollect or an outcollect are collect, credit
card calls.
Incollects VERIZON will provide the rated record it receives from the
CMOS network, or which VERIZON records (non-intercompany), to
SPRINT for billing to SPRINT's end- users. VERIZON will settle with the
earning company, and will bill SPRINT the amount of each incollect
record less the billing and collection (B&C) fee for Customer billing of the
incollects. The B&C credit will be $.05 per billed message. Any
additional message processing fees associated with SPRINT's incollect
messages that are incurred by VERIZON will be billed to SPRINT on the
monthly statement.
Outcollects. When the VERIZON end-office switch from which the resale
line is served utilizes a VERIZON operator Services platform, VERIZON
will provide to SPRINT the unrated message detail that originates from a
SPRINT resale Service line but which is billed to a telephone number
other than the originating number (e., calling card, bill-to-third number
etc.). SPRINT as the LSP will be deemed the earning company and will
be responsible for rating the message at SPRINT rates and SPRINT will
be responsible for providing the billing message detail to the billing
company for Customer billing. SPRINT will pay to VERIZON charges as
agreed to for Services purchased, and SPRINT will be compensated by
the billing company for the revenue which SPRINT is due.
251/252 FINAL AGREEMENT
When a non-VERIZON entity provides operator Service to the VERIZON end
office from which the resale line is provisioned, SPRINT must contract with the
operator Services provider to get any EMR records which SPRINT requires.
Local Callina Detail.Except for those Services and in those areas where measured rate
local Service is available to Customers, monthly billing to SPRINT does not include local
calling detail. However, SPRINT may request and VERIZON shall consider developing
the capabilities to provide local calling detail in those areas where measured local
Service is not available for a mutually agreeable charge.
LlDB. For resale Services, the LSR will generate updates to VERIZON's LlDB for
validation of calling card, collect, and third number billed calls.
4.4 Timina of Messaaes. With respect to VERIZON resold measured rate local Service(s),
chargeable time begins when a connection is established between the calling station and
the called station. Chargeable time ends when the calling station "hangs up," thereby
releasing the network connection. If the called station "hangs up" but the calling station
does not, chargeable time ends when the network connection is released by automatic
timing equipment in the network.
251/252 FINAL AGREEMENT
APPENDIX A TO THE RESALE ATTACHMENT
SERVICES AVAILABLE FOR RESALE
General.The rates, terms, and conditions for Resale are set forth in VERIZON's Resale Tariff Schedule
Gal. P.C. No. K-5 and are subject to change resulting from future Commission or other proceedings,
including but not limited to any generic proceeding to determine VERIZON's unrecovered costs (e.
g.,
historic costs, contribution, undepreciated reserve deficiency, or similar unrecovered VERIZON costs
(including VERIZON'interim Universal Service Support Surcharge)), the establishment of a
competitively neutral universal service system, or any appeal or other litigation.
Interim Universal Service Charae It is VERIZON's position that VERIZON's current intraLATA toll rates
include implicit subsidies that support below-cost prices for other services and thus promote universal
service. This universal service support is lost where a CLEC resells VERIZON's local service but does
not resell VERIZON's intraLATA toll service. For this reason, VERIZON contends it should not be
required to resell basic exchange residential or business services unless SPRINT pays the monthly
interim universal service support charge set forth in Appendix A. VERIZON believes that this interim
surcharge is required by state and federal law. The lawfulness of VERIZON's interim surcharge is being
addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties
agree that VERIZON will offer for resale basic exchange residential and business services at the avoided
cost discount rate set forth in Appendix A without the interim surcharge, but subject to the following terms
and conditions:
SPRINT agrees that, if an order by the Commission or a court of compete~t jurisdiction
affirming VERIZON's interim surcharge is issued during the term of this Agreement,
Sprint shall
",
within thirty (30) days after the effective date of such order (i) begin paying
the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum
payment to VERIZON of the total interim surcharges retroactive to the effective date of
this Agreement. VERIZON further expressly reserves its right to seek retroactive true-up
from Sprint of such interim surcharges under this Agreement in the event the
Commission or a court of competent jurisdiction issues an order affirming VERIZON'
interim surcharge after the expiration of this Agreement.
Notwithstanding any provision in this Agreement, VERIZON reserves the right to, at its
sole discretion and at any time, seek injunctive or other relief (i) requiring SPRINT to pay
VERIZON's interim surcharge or (ii) requiring the Commission to immediately impose the
interim surcharge.
Nothing in this Agreement shall restrict or impair VERIZON from seeking injunctive relief
or any other remedy at any time and in any court regarding VERIZON's interim surcharge
or the Commission s rejection or modification of VERIZON's interim surcharge.
Universal Service Fund (USF) Support Surcharge
Residential (per line)$ 3.
$ 5.Business (per line)
251/252 FINAL AGREEMENT
UNBUNDLED NETWORK ELEMENTS (UNEs) ATTACHMENT
General.
This UNE Attachment (Attachment), together with Articles I and II , sets forth the terms and
conditions under which VERIZON will provide UNEs and combinations of UNEs (Combinations)
to SPRINT pursuant to this Agreement. Unless otherwise specified in this Attachment, the
ordering, provisioning, billing and maintenance of UNE offerings will be as provided for in the
GTE Guide found on VERIZON's wise website (http://www.gte.com/wise). VERIZON will provide
UNE offerings pursuant to this Attachment to the extent they are Currently Available or ordinarily
combined in VERIZON's network. VERIZON will not construct new facilities to offer any UNE or
Combinations. SPRINT shall not order services from VERIZON's resale, retail , or special access
tariffs to intentionally circumvent or bypass, directly or indirectly, this no construction restriction.
For example, except as otherwise expressly permitted pursuant to Applicable Law, SPRINT shall
not convert services ordered out of such tariffs to UNEs or Combinations.
Notwithstanding anything to the contrary in this Agreement, the Parties do not waive, and hereby
expressly reserve, their rights: (a) to challenge, or to continue to challenge, the legality and/or
propriety of FCC Rule 51.319, the FCC UNE Remand Order (CC Docket No. 96-98, FCC 99-
238), the FCC Line Sharing Order (CC Docket No. 96-98 and 98-147; FCC 99-355) and/or any
other related FCC orders or rules, including, without limitation, the FCC Collocation Order in CC
Docket No. 98-147 (released March 31 , 1999) which was remanded and vacated in part by the
United States Court of Appeals for the District of Columbia Circuit on March 17,2000 (See GTE
Service Corporation, et. al v. Federal Communications Commission and United States of
America, No. 99-1176 consolidated with No. 99-1201 2000 U.S. App. LEXIS 4111 (D.C. Cir.
2000)); (b) to continue to prosecute the current appeals of the FCC pricing rules pending before
the Eighth Circuit Court of Appeals and the United States Supreme Court; (c) to assert or to
continue to assert that certain provisions of the FCC's First, Second, Third and Fourth Report and
Order in FCC Docket No. 96-98 and other FCC orders or rules are unlawful, illegal and improper;
(d) to take any appropriate action based on the outcome of any of the actions or challenges
described in subsections (a)-(c) above or any other actions. The Parties enter into this
Agreement without prejudicing any position the Parties may take on relevant issues before
industry for a, state or federal regulatory or legislative bodies, or courts of competent jurisdiction.
The Parties understand that bo~h industry and VERIZON standards and processes applicable to
UNEs and Combinations, including, without limitation, loop qualification , ordering, provisioning,
fully automated ass interfaces and other facets of ass, are still being developed. Accordingly,
the Parties agree to cooperate in any reasonable arrangement designed to facilitate the
development of such standards and processes , and to document the same for purposes of this
Agreement, as necessary and appropriate.
The UNEs, including Combinations, hereunder shall only be made available and shall only be
used, for the provision of Telecommunication Service, as that term is defined by the Act.
Description of Individual UNE Offerings.
VERIZON will provide SPRINT with the following UNEs pursuant to this Attachment:
Local Loops
The local loop UNE is defined as the transmission facility (or channel or group of
channels on such facility) that extends from a Main Distribution Frame (MDF), or its
equivalent, in a VERIZON Central Office Switch or Wire Center up to and including the
loop "demarcation point", including inside wire owned by VERIZON. The loop
251/252 FINAL AGREEMENT
demarcation point is that point on the loop facility where VERIZON's ownership and
control end and the subscriber s ownership and control begin. Generally, loops are
provisioned as 2-wire or 4-wire copper pairs, analog voice-grade, or, upon Sprints
request, loops conditioned to transmit digital signals, such as xDSL, running from the
Central Office Switch MDF to the demarcation point at the end users premises.
However, a loop may be provided via other means, including, but not limited to, radio
frequencies , as a channel on a high-capacity feeder/distribution facility which may, in
turn , be distributed from a node location to the subscriber s premises via a copper or
coaxial drop or other facility. The loop includes all features, functions and capabilities of
such transmission facilities, including attached electronics (except those electronics used
for the provision of advanced services, such as digital subscriber line access multiplexers
DSLAMs )) and line conditioning. VERIZON does not guarantee data modem speeds
on either 2 or 4 wire analog loops. In addition , VERIZON does not guarantee CLASS
- features will perform properly on either 2 or 4 wire analog loop provisioned over
subscriber analog carrier. Any required UNE loops will be provisioned and maintained by
VERIZON consistent with Telcordia Technologies standard NC/NCI codes outlined in
, T elcordia Technologies practice BR 795-403-100. The 'types of unbundled loops made
available to SPRINT under this Attachment are:
1.4
251/252 FINAL AGREEMENT
Wire Analog Loop" is a voice grade transmission facility that is suitable for
transporting analog voice signals between approximately 300-3000 Hz, with loss
not to exceed 8.5 db. A 2-wire analog loop may include load coils, bridged taps,
etc. This facility also may include carrier derived facility components (Le., pair
gain applications , loop concentrators/multiplexers). This type of unbundled loop
is commonly used for local dial tone services.
Wire Analog Loop" conforms to the characteristics of a 2-wire voice grade loop
and, in addition, can support simultaneous independent transmission in both
directions.
ISDN-BRI Capable Loop is capable of transmitting digital signals up to 160 kbps
with no greater line loss than 36 db end-to-end measured at 40 kHz. When the
loop length extends beyond the limitations of basic ISDN-BRI service line loss
levels will be provisioned at no greater than 76 db at 40 kHz. Dependent upon
facility make-up it may be necessary to add ISDN-BRI Line Loop Extension to
bring the line loss level within acceptable levels. ISDN-BRI Line Loop Extension
equipment can be added by VERIZON if requested by the CLEC at an additional
cost beyond those of the unbundled loop element itself.
A 2-wire ADSL Capable Loop must be provisioned over copper facilities and will
contain no load coils and minimum allowable bridged tap. Additional loop
conditioning charges shall apply for the removal of the aforementioned types of
equipment. The CLEC is responsible for supplying the electronics necessary for
providing ADSL service to their Customer.
Other xDSL technologies: As the industry accepts other power spectral density
mask's, e., T1 418-2000, VERIZON will support additional types of xDSL
technologies and/or services which may be provided on unbundled network
elements contained in this agreement. SPRINT may order the unbuhdled
elements as a result of this agreement and use the additional xDSL technologies
without renegotiations, contract amendments, or use of the BFR process.
Wire Digital Loop" is a transmission facility that is suitable for the transport of
digital signals at rates up to 1.544 Mbps. 4-wire digital loops are only provisioned
on copper facilities. When a 4-wire digital loop is used by SPRINT to provision
HDSL technology, the insertion loss, measured between 100W termination at
251/252 FINAL AGREEMENT
200 kHz, in which case loss should be less than 34 db. The DC resistance of a
single wire pair should not exceed 1100 ohms.
DS-1 Loops" will support a digital transmission rate of 1.544 Mbps. The DS-
loop will have no bridged taps or load coils and will employ special line treatment.
DS-1 loops will include midspan line repeaters where required, office terminating
repeaters, and DSX cross connects. A DS-1 Digital Grade Loop is capable of
operating in a full duplex, time division (digital) multiplexing mode. A DS-1 Digital
Grade Loop provides transmission capacity equivalent to 24 voice grade
channels with associated signaling, twenty-four 56 Kbps digital channels when in
band signaling is provided, or twenty-four 64 Kbps channels with the selection of
the Clear Channel signaling option.
DS-3 Loops" will support the transmission of isochronous bipolar serial data at a
rate of 44.736 Mbps. The DS-3 loop provides the equivalent of 28 DS-
channels and shall include the electronics at either end.
Dark Fiber Loops" consist of any unused fiber strands that exist between the
fiber splice tray, or its functional equivalent, located within the VERIZON Central
Office Switch, and the fiber splice tray or fiber patch panel located within a
Customer premise that has not been activated through connection to the
electronics that "light" it, and thereby render it capable of carrying
communications services. In addition to the other terms and conditions of this
Attachment, the following terms and conditions also shall apply to Dark Fiber
Loops:
1 VERIZON shall be required to provide Dark Fiber Loop only where (1)
one end of the Dark Fiber Loop terminates at SPRINTs collocation point
of interface/demarcation/connection, and (2) the other end terminates at
the Customer premise.
2 At the Central Office Switch , unused fibers located at a fiber splice point
in a cable vault or a controlled environment vault, manhole or other
location outside the Central Office Switch or VERIZON premises, and not
terminated to a fiber splice tray within the Central Office Switch or
VERIZON Premises, are not available to SPRINT.
3 At the Customer premise, unused fibers are not available to *CLEC
pursuant to this Attachment unless such fibers terminate on a fiber patch
panel, or are available ina fiber splice tray, within the Customer premise.
Unused fibers located in fiber splice point located outside the Customer
premise are not available to SPRINT.
9.4 Dark Fiber will be offered to SPRINT on the condition that it is found in
VERIZON's network at the time that SPRINT submits its request (Le., li
).
VERIZON shall not be required to convert lit fiber to Dark Fiber for
SPRINTs use.
5 Spare wavelengths on fiber strands, where Wave Division Multiplexing
(WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be spare Dark Fiber Loops and
therefore, will not be offered to SPRINT as dark fiber.
6 SPRINT shall be responsible for providing all transmission , terminating
and regeneration equipment necessary to light and use Dark Fiber.
SubloODS
7 SPRINT may not resell Dark Fiber purchased pursuant to this
Attachment to third parties.
In order for VERIZON to continue to satisfy its carrier of last resort
(COLR) obligations under state law and/or to preserve the efficiency of
its network, VERIZON will limit SPRINT to leasing a maximum of twenty-
five percent (25%) of the Dark Fiber in any given segment of VERIZON'
network during any two-year period. In addition, VERIZON may take
either of the following actions, notwithstanding anything to the contrary in
this Attachment:
(a)Revoke Dark Fiber leased to SPRINT upon a showing of need to
the Commission and twelve (12) months' advance written notice
to SPRINT; and
(b)Revoke Dark Fiber leased to SPRINT upon a showing to the
Commission that SPRINT underutilized fiber (less than OC-12)
within any twelve (12) month period.
SPRINT may not reserve Dark Fiber.
The Subloop UNE is defined as any portion of the loop that is technically feasible to
access at the terminals (access terminals) in VERIZON's outside plant, including inside
wire. An access terminal is any point on the loop: (i) where technicians can access the
wire or fiber within the cable without removing a splice case to reach the wire or fiber
within; and (ii) that contains cables and their respective wire pairs that terminate on screw
posts. To the extent they qualify under the preceding sentence, such points may include,
but are not limited to, the pole or drop pedestal, network interface device (NID), minimum
point of entry, single point of interconnection, the MDF, the remote terminal, and the
feeder/distribution interface. In addition, subject to the requirements and limitations of the
Collocation Attachment, SPRINT has the option of collocating a DSLAM (or its functional
equivalent) in VERIZON's remote terminal (RT) at the fiber/copper interface point. When
SPRINT collocates its DSLAM at VERIZON's RT, VERIZON will provide SPRINT with
access to subloop UNEs to allow SPRINT to access the copper portion of the loop. The
Subloop UNEs made available to SPRINT under this Attachment are:
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Feeder Subloop UNE" is a transmission path extending from the MDF located in
VERIZON's Central Office Switch or Wire Center to the feeder distribution
interface (FDI), or its functional equivalent, at a VERIZON cross-connect box.
Feeder Subloop UNEs may be configured as "Wire Feeder" or "Wire
Feeder , both of which may include load coils, bridged taps, etc. When utilizing
xDSL technology, SPRINT is responsible for providing the Power Spectral
Density (PSD) mask as defined by ANSI T1 standards. VERIZON will not
provide the electronics required for SPRINT to provide xDSL service.
Distribution Subloop UN E" is a transmission path extending from the FDI , or its
functional equivalent, at a VERIZON cross-connect box, up to and including the
demarcation point at an end user s premise. Unbundled Subloop Distribution
Elements may be configured as "Wire Distribution" or "Wire Distribution
both of which may include carrier derived facility components (Le., pair gain
applications, loop conentrators/multiplexers). Distribution Elements are not
available to SPRINT where VERIZON has provisioned its local network utilizing
Digital Subscriber Technology (DAMLs). When utilizing xDSL technology,
SPRINT is responsible for providing the Power Spectral Density (PSD) mask as
2.4
2.4
defined by ANSI T1 standards. VERIZON will not provide the electronics required
for SPRINT to provide xDSL service.
Drop Subloop UNEII is a transmission path extending from a terminal , such as a
pole or pedestal, to the end user premise. Drop Subloop UNEs will be offered on
a per pair basis.
Dark Fiber Feeder Subloop UNE" is any unused fiber strands that exist between
the fiber splice tray, or its functional equivalent, located within the VERIZON
Central Office Switch , and the fiber splice tray or fiber patch panel located at the
VERIZON remote hut or DLC or controlled environmental hut (CEV) or
accessible terminal where SPRINT has a point of interconnection. Unused fibers
in the feeder portion of the loop that are located in a fiber splice point outside the
Central Office Switch or remote hut/DLC/CEV are not available to SPRINT
pursuant to this Attachment. To the extent applicable, the same terms and
conditions regarding Dark Fiber Loop UNEs set forth in Section 2.8 shall
govern Dark Fiber Feeder Subloop UNEs.
Dark Fiber Distribution Subloop UNE" is any unused fiber strands that exist
between the fiber splice tray or patch panel located at the VERIZON remote
hut/DLC/CEV or accessible terminal , where SPRINT has established a point of
interconnection, and the fiber splice tray or fiber patch panel located at the
Customer premise. Unused fibers in the distribution portion of the loop that are
located in a fiber splice point outside the Customer premise or remote
hut/DLC/CEV are not available to SPRINT pursuant to this Attachment. To the
extent applicable, the same terms and conditions regarding Dark Fiber Loop
UNEs set forth in Section 2.8 shall govern Dark Fiber Distribution Subloop
UNEs.
Inside Wire.
The Inside Wire UNE is defined as all loop plant owned by VERIZON on a Customer
premises as far as the point of demarcation.
Network In erface Device (N!ill
The NID UNE is defined as any means of interconnection of Customer inside wiring to
VERIZON's distribution plant. To gain access to a Customer s inside wiring, SPRINT
may connect its own loop directly to VERIZON's NID where SPRINT uses its own
facilities to provide local service to a Customer formerly served by VERIZON, as long as
such direct connection does not adversely affect VERIZON's network. VERIZON shall
have the right to deny SPRINTs ability to connect its own loop directly to VERIZON'
NID.
Local Circuit Switchinq
The local circuit switching UNE is defined as: (i) line-side facilities, which include, but are
not limited to, the connection between a loop termination at a main distribution frame and
a switch line card; (ii) trunk-side facilities, which include, but are not limited to , the
connection between trunk termination at a trunk-side cross-connect panel and a switch
trunk card; and (iii) all features, functions and capabilities of the switch. VERIZON will
only provide circuit switching and shared transport as a UNE under the circumstances
described in Rule 51.319(c)(2). At SPRINT's request, VERIZON will make available the
following types of Circuit Switching as UNEs:
251/252 FINAL AGREEMENT
Analoq Line Side Port. An analog line side port 1 is a line side switch connection
used to provide basic residential- and business-type exchange services.
ISDN BRI Diaital Line Side Port. An ISDN BRI digital line side port is a basic rate
interface (BRI) line side switch connection used to provide ISDN exchange
services.
Coin Line Side Port. A coin line side port is a line side switch connection used to
provide coin services.
5.4 DS-1 Diaital Trunk Side Port. A DS-1 digital trunk side port is a trunk side switch
connection used to provide the equivalent of 24 analog incoming trunk ports.
ISDN PRI Diqital Trunk Side Port. An ISDN PRI digital trunk side port is a
primary rate interface (PRI) trunk side switch connection used to provide ISDN
exchange services.
Local Tandem Switchinq
The Local Tandem Switching UNE is defined as: (i) trunk-connect facilities, which
include, but are not limited to, the connection between trunk termination at a cross
connect panel and switch trunk card; (ii) the basic switch trunk function of the connecting
trunks to trunks; and (iii) the functions that are centralized in tandem switches (as
distinguished from separate Central Office Switches), including but not limited to call
recording, the routing of calls to operator services, and signaling conversion features.
Packet Switchinq
The Packet Switching UNE is defined as the basic packet switching function of routing or
forwarding packets, frames, cells or other data units based on address or other routing
information contained in the packets, frames, cells or other data units, and the functions
that are performed by the DSLAM. VERIZON reserves the right to provide packet
switching as an UNE only under the circumstances described in Rule 51.319(c)(5).
Dedicated Transport
The Dedicated Transport UNE is defined as VERIZON interoffice transmission facilities
including all technically feasible capacity-related services, including, but not limited to
DS1 , DS3 and OCn levels, dedicated to a particular Customer or carrier, that provide
telecommunications between Wire Centers owned by VERIZON or SPRINT, between
Central Office Switches owned by VERIZqN or SPRINT.
Dark Fiber Transport
The Dark Fiber Transport UNE is defined as dedicated unused fiber strands that exist at
the fiber splice tray, or its functional equivalent, located within the Central Office Switch
A Port provides for the interconnection of individual Loops to the switching components of VERIZON's network. In
general, the port is a line card or trunk card and associated peripheral equipment on a VERIZON Central Office Switch that serves
as the hardware termination for the Customer s Exchange Service on that switch, generates dial tine, and provides the end-user
access to the Public Switched Telecommunications Network (PSTN). Each line-side port is typically associated with one(or more)
telephone numbers(s), which serve as the Customers network address. A port also includes local switching, which provides the
basic switching functions to originate, route and terminate traffic and any signaling deployed in the Central Office Switch. When
SPRINT orders an unbundled port, the SPRINT has the option to submit a Directory Service Request (DSR) to have the listings
included in VERIZON's Directory Assistance database. The applicable ordering charge will be applied for processing the DSR.
VERIZON will honor SPRINT Customers' preferences for listing status, including non-published and unlisted, and will enter the
listing in the VERIZON database which is used to perform DA functions as it appears on the LSR.
251/252 FINAL AGREEMENT
without attached multiplexing, aggregation or other electronics. To the extent applicable
the same terms and conditions regarding Dark Fiber Loop UNEs set forth in Section
1 (g) shall govern Dark Fiber Transport UNE.
Shared Transport
The Shared Transport UNE is defined as interoffice transmission facilities shared by
more than one carrier, including VERIZON , between Central Office Switches, between
Central Office Switches and tandem switches, and between tandem switches, in
VERIZON's network.. Shared transport (also known as common transport) provides the
shared use of interoffice trunk groups and tandem switching that are used to transport
switched traffic, originating or terminating on a VERIZON port, between Central Office
Switching entities. Shared transport will include tandem switching if VERIZON's standard
network configuration includes tandem routing for traffic between these points. Shared
transport is provided automatically in conjunction with port and local circuit switching.
VERIZON reserves the right not to provide circuit switching and shared transport as an
UNE under the circumstances described in Rule 51.319(c)(2).
Siqnalina Networks
The signaling network UNEis defined as access to VERIZON signaling networks and
signaling transfer points. SS? transport and signaling shall be provided in accordance
with the terms and conditions of a separately executed agreement, or via GTOC Tariff
FCC No.
Call-Related Databases.
The Call-Related Databases UNE is defined as access to a database, other than
operations support systems (OSS), that are used in signaling networks for billing and
collection, or the transmission , routing, or other provision of a Telecommunications
Service. These databases include the calling name database , 911 database, E-911
database, line information database , toll free (800 type services) calling database
advanced intelligent network database and downstream number portability databases
that are provided by means of physical access at the signaling transfer point linked to the
unbundled databases. LlDB services and database 800 type services shall be provided
in accordance with the rates, terms and conditions of GTOC Tariff FCC No.1. VERIZON
reserves the right not to unbundle the services created in the AIN platform and
architecture that qualify for proprietary treatment.
Service Manaaement Systems
The Service Management Database System UNE is defined as a computer database or
system not part of the public switched network that: (i) interconnects to the service control
point and sends to that service control point the information and call processing
instructions needed for a network switch to process and complete a telephone call and (ii)
provides telecommunications carriers with the capability of entering and storing data
regarding the processing and completing of a telephone call.
OS/DA. The OS/DA UNE is defined as: (a) any automatic or live assistance to a
consumer to arrange for billing or completion, or both, of a telephone call (OS); and (b) a
service that allows subscribers to retrieve telephone numbers of other subscribers (DA).
In accordance with Rule 51.319(f), VERIZON will not provide OS/DA as a UNE when it
offers customized routing. Where SPRINT provides its own OS/DA platform , SPRINT is
required to route its OS/DA traffic to its platform over customized routing. Upon written
request, VERIZON will provide SPRINT a list of Central Office Switches that can provide
251/252 FINAL AGREEMENT
customized routing using line class codes or similar method (regardless of current
capacity limitations). SPRINT will return a written list of these switches ranked in priority
order. VERIZON will return to SPRINT a schedule for customized routing in the Central
Office Switches with existing capabilities and capacity. In response to SPRINT's written
request, VERIZON will also provide SPRINT with applicable charges , and terms and
conditions, for providing OS and OA, branding (such branding shall be provided
consistent with Section 2.5 of the Resale Attachment to this Agreement), and customized
routing. Subject to the above provisions, VERIZON will choose the method of
implementing customized routing of OS/OA calls. When VERIZON offers customized
routing to SPRINT, SPRINT will be responsible for the transport to route OS/OA traffic to
the designated platform. If a dedicated transport UNE is used to route OS/OA traffic to
the designated platform, SPRINT must purchase a trunk side port and establish a
collocation arrangement in accordance with the Collocation Attachment. If the dedicated
transport UNE used to route OS/OA traffic to the designated platform is ordered out of the
applicable access tariff, no collocation arrangement or trunk side port is required.
ass
The ass UNE is defined as operations support system functions consisting of pre-
ordering (including nondiscriminatory access to the same detailed information about loop
qualification information that is available to VERIZON), ordering, provisioning,
maintenance and repair, and billing functions supported by VERIZON's databases and
information. Until such time as a real-time, electronic-like interface is made available to
SPRINT by VERIZON , VERIZON shall enable SPRINT to perform all pre-ordering and
ordering functions via a Web Graphical User Interface (GUI), including accessing said
loop qualification information. This Web GUI will provide SPRINT access to the same
information which VERIZON provides to itself in order to allow SPRINT to determine if a
loop is available and qualifies for service based on the end user s telephone number or
street address, including the following:
15.1 The composition of the available loop material (including, without limitation, fiber
optics and copper);
15.The existence, location and type of electronic or other equipment on the loop
(including, without limitation , OLCor other remote concentration devices
feeder/distribution interfaces, bridged taps, load coils, pair gain devices
repeaters, remote switching units, range extenders , AMI T-1s in the same or
adjacent binder groups, and other potential disturbers);
15.Loop length, including the segment length and location of each type of
transmission media;
15.4 Loop length by wire gauge; and
15.5 The electrical parameters of the loop.
To the extent VERIZON performs a manual loop qualification for any CLEC, VERIZON
will provide that loop qualification information in an electronic format within 24 hours.
At such time as OBF has established standards for pre-order loop qualification , the
Parties will cooperate to implement pre-order loop qualification functions based upon
such standards.
Line Sharing
251/252 FINAL AGREEMENT
The terms and conditions that are unique to the Line Sharing UNE are specified in
Appendix C to this Unbundled Network Element Attachment. Except as provided on
Appendix C, the terms and conditions of this Attachment shall govern the Line Sharing
UNE. In accordance with the ALJ Ruling (as defined in Appendix C), VERIZON hereby
expressly reserves the right to discontinue the VERIZON owned splitter option (Option
No.2 described in Section 2.3). However, in the event of any other conflict between this
Attachment and Appendix C, Appendix C shall control
Combinations.
VERIZON will offer Combinations (including UNE-Ps) where the elements are already combined
in VERIZON's network, subject to the limitations, requirements and restrictions of Applicable Law
including, without limitation, Rule 51.319, the Line Sharing Order, the UNE Remand Order and
the Act. VERIZON also will offer Combinations (including UNE-Ps) that are not already combined
in VERIZON's network to the extent required by the Commission s arbitration Order in Docket No.
00-09-031 ("UNE Combinations ruling ). VERIZON's agreement above to offer any
combination of UNEs that are not already combined in its network is based upon the
Commission s Order in Docket No. A.00-09-031 and not upon a voluntary agreement by the
Parties. Thus, such agreement is not intended to, and shall in no manner whatsoever, establish
any precedent, waiver, course of dealing or in any way evidence VERIZON's position or intent in
the future regarding this matter. Furthermore , Verizon expressly reserves any and all of its rights
to challenge the Commission s Order in the aforementioned proceeding with respect to the UNE
Combinations ruling, including but limited to, on the grounds that such UNE Combinations ruling
is inconsistent with and unlawful under Applicable Law. VERIZON is currently not required under
Applicable Law to provide OS/DA as an UNE where VERIZON offers customized routing.
Nevertheless, VERIZON will continue to provide OS/DA based on market rates (see Appendix A
and Appendix A-1) until the Parties negotiate a separate OS/DA agreement. In the alternative
SPRINT can obtain an alternative provider. In addition, SPRINT may not use any Combination
as a substitute for special access service pending the FCC's resolution of this issue in its Fourth
FNPRM in Docket No. 96-98. SPRINT shall not have physical access to the combined UNEs in
VERIZON's premises. However, SPRINT may use Combinations to provide a "significant
amount" of local exchange service, as defined by FCC 00-183, CC Docket No. 96-98 (released
June 2, 2000), in addition to exchange access service, to a particular Customer. Subject to the
foregoing limitations and restrictions and the other terms and conditions herein, SPRINT may
order the following standard Combinations pursuant to this Attachment:
UNE Basic Analog Voice Grade Platform, which consists of:
UNE 2-Wire Loop;
UNE Basic Analog Line Side Port; and
UNE Shared Transport.
UNE ISDN BRI Platform , which consists of:
UNE 2-Wire Digital Loop;
UNE ISDN BRI Digital Line Side Port; and
UNE Shared Transport.
UNE ISDN PAl Platform, which consists of:
UNE DS-1 Loop;
251/252 FINAL AGREEMENT
UNE ISDN PAl Digital Trunk Side Port; and
3.4.
UNE DS-1 Platform , which consists of:
UNE Shared Transport.
3.4
3.4.
3.4.
UNE DS-1 Loop;
UNE DS-1 Digital Trunk Side Port; and
UNE Shared Transport.
Enhanced Extended Loop (EEL), which consists of:
UNE Loop;
UNE Multiplexing (3/1 or 1/0, as required); and
UNE Dedicated Transport.
Advanced services, including but not limited to the following are not offered in Combination
arrangements: (a) Frame Relay; (b) ATM; (c) ADSL; and (d) AIN.
Operations Matters.
Orderina
251/252 FINAL AGREEMENT
General.The ordering procedures for UNEs and Combination s are described in
the GTE Guide found on VERIZON's wise website http://www.gte.com/wise).
The GTE Guide provides a list of NC/NCI codes which identifies the electrical
characteristics of loops which meet each NC/NCI code combination. VERIZON
will use existing Telcordia Technologies practices to determine loop service and
design characteristics. If Sprint requires a loop with electrical characteristics not
defined in existing Telcordia Technologies practices, Sprint may issue a BFR.
VERIZON will continue to participate in industry forums for developing service
order/disconnect order formats and will incorporate appropriate industry
standards. Complete and accurate forms (containing the requisite Customer
information as described in the Guide) must be provided by SPRINT before a
request can be processed. ASRs and/or LSRs submitted by SPRINT will be
reviewed by VERIZON for validation and correction of errors. Errors will be
referred back to SPRINT. SPRINT will then correct any errors that VERIZON
has identified and resubmit the request to VERIZON via the same transmittal
process in which the original ASR/LSR was submitted (electronically or FAX)
through a supplemental ASR/LSR. Pre-ordering does not guarantee the
availability of a given UNE or Combination. Rather, VERIZON must receive a
firm order after the pre-order to ensure SPRINT's access to the UNE or
Combination ordered.
911 Updates. VERIZON will be responsible for updates to the applicable
911/E911 database at parity with retail ordering processes when Sprint
orders UNE-P comprised of loop and port elements. Such responsibility
is expected to begin in the fourth quarter, 2000. In no case will such
responsibility not begin by the end of the first quarter 2001.
Dark Fiber. SPRINT shall order Dark Fiber Transport, Dark Fiber Loop and Dark
Fiber Subloop UNEs by sending to VERIZON an ASR. When ordering dark
fiber, SPRINT must order in pairs and at a minimum of two dark fiber strands per
A to Z route unless SPRINT deploys DWDM , then individual fibers may be
ordered. Each A to Z route request shall be made by separate ASR. An ASR
Service Inquiry must be submitted in advance of a firm order to determine the
availability of dark fiber ona specific route.
Unauthorized Chanqes
If SPRINT submits an order for UNEs or Combinations under this Agreement in order to
provide service to a Customer that at the time the order is submitted is obtaining its local
services from VERIZON or another LEC using VERIZON resold services or unbundled
elements, and the Customer notifies VER IZON that the Customer did not authorize
SPRINT to provide local exchange services to the Customer, SPRINT must provide
VERIZON with written documentation of authorization from that Customer within thirty
(30) Business Days of notification by VERIZON. If SPRINT cannot provide written
documentation of authorization within such time frame, SPRINT must within three (3)
Business Days thereafter:
notify VERIZON to change the Customer back to the LEC providing service to
the Customer before the change to SPRINT was made;
provide any Customer information and billing records SPRINT has obtained
relating to the Customer to the LEC previously serving the Customer; and
notify the Customer and VERIZON that the change back to the previous LEC has
been made.
Furthermore, VERIZON will bill SPRINT fifty dollars ($50.00) per affected line to
compensate VERIZON for switching the Customer back to the original LEC.
Letter of Authorization.
VERIZON will not release the Customer service record (CSR) containing Customer
proprietary network information (CPNI) to SPRINT on VERIZON Customer accounts
unless SPRINT first provides to VERIZON a written Letter of Authorization (LOA). Such
LOA may be a blanket LOA or other form agreed upon between VERIZON and SPRINT
authorizing the release of such information to SPRINT or if state or federal law provides
otherwise , in accordance with such law. A LOA will be required before VERIZON will
process an order for UNEs or Combinations provided in cases in which the subscriber
currently receives local exchange or Exchange Access service from VERIZON or from a
local service provider other than SPRINT. Such LOA may be a blanket LOA or such
other form as agreed upon between VERIZON and SPRINT.
4.4 Provisioning
VERIZON agrees to provide UNEs and UNE-Ps in a timely manner, in accordance with
Article 1 , Section 3.6 (OSS Performance Measures), considering the need and volume of
requests, pursuant to agreed upon service provisioning intervals. VERIZON shall provide
power to ordered UNEs and UNE-Ps on the same basis as VERIZON provides power to
itself. UNEs and UNE-Ps will be provided only when facilities are Currently Available.
facilities are not Currently Available, Sprint will be notified and the order will be rejected.
For loop orders, if VERIZON has planned an installation of facilities to augment the
exhausted facilities , that date will be provided to Sprint on the jeopardy report from the
VERIZON ordering center (NOMC). Upon installation of VERIZON facilities, those
251/252 FINAL AGREEMENT
facilities will be made available to Sprint on a first come, first served basis. The
determination of whether or not facilities are Currently Available will be made on a case-
by-case basis. Sprint may use the Bona Fide Request (BFR) process to request
VERIZON to construct facilities at Sprint's expense. VERIZON will use the following
guidelines to determine if facilities are Currently Available to provision a requested UNE
or UNE-P.
4.4.
4.4.
4.4.
4.4.4
4.4.
4.4.
VERIZON is not required to build new interoffice facilities or outside plant feeder
or distribution facilities.
VERIZON will not breach existing interoffice facilities, outside plant feeder or
distribution facilities or Central Office Switch cabling or wiring to install new
electronics or housing for plug-in electronic cards or modules. A facility is
considered breached when the wire or fiber within the cable must be accessed at
a point other than an access terminal. VERIZON will install new plug-in cards or
modules when the housing already exists and is wired into the network.
In most circumstances, VERIZON will install drops and NIDs to connect outside
plant facilities to a Customer s premises to provide a UNE loop. VERIZON will
use the same procedures it uses to determine when a drop would routinely be
installed for a VERIZON Customer, or to determine if a drop will be installed for a
UNE loop. Drops will not be installed when conditions such as excessive length
size of cable or use of fiber optics would require VERIZON outside plant
construction.
VERIZON will not install new switches or augment switching capacity.
VERIZON will not install new software or activate software requiring a new right
to use fee in switching equipment. VERIZON will activate software that is
currently loaded in a switch but is not in use.
In certain situations, VERIZON utilizes pair gain technology, such as Integrated
Digital Loop Carrier (IDLC)2 or analog carrier, to provision facilities. VERIZON
may not be able to provision a loop UNE in such cases. Where VERIZON can
provision a Local Loop UNE using such technologies, the capabilities of such
Local Loop UNE may be limited. If SPRINT orders a loop UNE that would
normally be provisioned over facilities using such technology, VERIZON will use
alternate facilities to provision the loop UNE if alternate facilities are Currently
Available, and the alternate facilities meet Sprints technical requirements.
alternate facilities are not Currently Available, VERIZON will advise SPRINT that
facilities are not available to provision the requested loop UNE.
When VERIZON utilizes pair gain technology to provision facilities and Sprint
orders all loops provisioned by the specific pair gain device, VERIZON will
consider, pursuant to the BFR process contained in Section 4., a request by
Sprint for VERIZON to connect Sprint interoffice facilities to the VERIZON pair
gain device.
Connections.
General.With the exception of the Shared Transport UNE, the UNEs specified
above may be directly connected to SPRINT facilities or to a third-party s facilities
See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and
Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface.
251/252 FINAL AGREEMENT
4.5.
251/252 FINAL AGREEMENT
designated by SPRINT to the extent technically feasible. Direct access to loops
subloop, port and local switching, and dedicated transport, that terminates in a
VERIZON premise , must be accomplished via a collocation arrangement in that
premise. In circumstances where collocation cannot be accomplished in the
premises, the Parties agree to negotiate for possible alternative arrangements.
Removal of existing cable pairs required for SPRINT to connect service is the
responsibility of SPRINT.
NID. In order to minimize adverse effects to VERIZON's network, the following
procedures shall apply regarding NID connection:
When connecting its own loop facility directly to VERIZON's NID for a
residence or business Customer, SPRINT must make a clean cut on the
VERIZON drop wire at the NID so that no bare wire is exposed. SPRINT
shall not remove or disconnect VERIZON's drop wire from the NID or
take any other action that might cause VERIZON's drop wire to be left
lying on the ground.
2 At multi-tenant Customer locations, SPRINT must remove the jumper
wire from the distribution block (Le., the NID) to the VERIZON cable
termination block. If SPRINT cannot gain access to the cable
termination block, SPRINT must make a clean cut at the closest point to
the cable termination block. At SPRINT's request and discretion
VERIZON will determine the cable pair to be removed at the NID in multi-
tenant locations. SPRINT will compensate VERIZON for the trip charge
necessary to identify the cable pair to be removed.
3 VERIZON loop elements leased by SPRINT will be required to terminate
only on a VERIZON NID. If SPRINT leasing a VERIZON loop wants to
connect such loop to a SPRINT NID, SPRINT also will be required to
lease a VERIZON NID (included in the loop rate) for the direct loop
termination and effect a NID-to-NID cross connection.
2.4 Rather than connecting its own loop directly to VERIZON's NID, SPRINT
also may elect to install its own NID and effect a NID-to-NID cross
connection to gain access to the Customer s inside wiring.
If SPRINT provides its own loop facilities, SPRINT may elect to move all
inside wire terminated on a VERIZON NID to one provided by SPRINT.
In this instance, a NID-to-NID cross connection will not be required.
SPRINT, or the Customer s premise owner, can elect to leave the
disconnected VERIZON NID in place, or to remove the VERIZON NID
from the premises and dispose of it entirely.
6 VERIZON agrees to offer its NIDs to SPRINT for lease, but not for sale.
Therefore, SPRINT may remove VERIZON identification from any
VERIZON NID to which it connects a SPRINT loop, but SPRINT shall not
place its own identification on such NID.
7 VERIZON shall have the right to deny any access by SPRINT to
VERIZON's NID when SPRINT provides its own loop.
Dark Fiber Transport. SPRINT must have a collocation arrangement on each
side of the transmission for SPRINT to gain access to Dark Fiber Interoffice
Transport. VERIZON will terminate each end of the Dark Fiber Interoffice
5.4
Transport at a fiber patch panel that has been connected to SPRINTs collocation
arrangement via optical cross-connects. In addition, SPRINT must be collocated
at any intermediate central office points where it plans on placing regenerative
equipment.
Subloops. To gain access to a Feeder Subloop UNE, SPRINT must be
collocated (subject to the terms and conditions of the Collocation Attachment
and/or applicable VERIZON tariff) within the VERIZON Central Office Switch
where the Feeder Subloop UNE is being requested. SPRINT must also be
collocated at either a OLC or VERIZON cross-connect box where the Feeder
Subloop UNE terminates.
5.4.To gain access to a distribution Subloop UNE , SPRINT must be
collocated at either a OLC or cross-connect box that serves the
Customer s address. Upon request, VERIZON will provide a range of
addresses served by OLC. A non-recurring charge will be assessed for
processing each request.
5.4.2 To gain access to a Drop Subloop UNE , SPRINT must be collocated at
the terminal, such as a pole or pedestal , that serves the Customer
address.
Line Conditioning.
General For the charge(s) described on Appendix A and Appendix A-, SPRINT
may order conditioning of those lines that are unbundled pursuant to this
Attachment to remove load coils , bridged taps, low pass filters, range extenders
and other devices to allow such lines to be provisioned in a manner that will allow
for the transmission of digital signals required for ISDN and xOSL services, or, in
the case of analog lines, to meet specific transmission parameters. Dedicated
transport may be conditioned for OS-1 clear channel capability.
Performance. Repair. Testina and Maintenance
General.Upon SPRINTs request, and for the charge(s) described on Appendix
A and Appendix A-, VERIZON will test and report trouble for all features,
functions, and capabilities of conditioned lines, subject to all of the following
limitations and conditions:
1 Such testing must be technically feasible.
If SPRINT has directly connected its facilities to a loop, VERIZON will not
perform routine testing of the loop for maintenance purposes. SPRINT
will be required to perform its own testing and notify VERIZON of service
problems. VERIZON will perform repair and maintenance once trouble is
identified by SPRINT. If the loop is combined with dedicated transport,
SPRINT will not have access to the loop in the Wire Center. In this case,
VERIZON will perform routine testing of the loop and perform repair and
maintenance once trouble is identified.
3 All loop facilities provided by VERIZON on the premises of SPRINT's
Customers, up to the network interface or demarcation point, are the
property of VERIZON. VERIZON must have access to all such facilities
for network management purposes. VERIZON employees and agents
may enter said premises at any reasonable hour to test and inspect such
251/252 FINAL AGREEMENT
facilities in conjunction with such purposes or, upon termination or
cancellation of the loop, to remove such facility.
1.4 If SPRINT leases loops that are conditioned to transmit digital signals, as
part of that conditioning, VERIZON will test the loop UNE and provide
recorded test results to SPRINT. In maintenance and repair cases, if
loop tests are performed , VERIZON will provide any recorded readings
to SPRINT at the time the trouble ticket is closed in the same manner as
VERIZON provides the same to itself and/or its Customers
5 When SPRINT provides its own loop and connects directly to
VERIZON's NID , VERIZON does not have the capability to perform
, routine maintenance. SPRINT can perform routine maintenance via its
loop and inform VERIZON once the trouble has been isolated to the
VERIZON NID and VERIZON will repair (or replace) the NID, or, at
SPRINT's option , effect a NID-to-NID cross connection, using the
VERIZON NID only to gain access to the inside wire at the Customer
location.
Repair of any UNE loop will consist of bringing the loop to the standards
identified by the NC/NCI codes provided on the original LSR. The
NC/NCI codes will be translated into the standard special services
code, which provides the VERIZON technician specifications of the
service level required of the UNE loop.
Coordinated Testina. At Sprint's request, upon issuance of the LSR, and as
specified therein, VERIZON will conduct coordinated testing of unbundled loops
with SPRINT upon completion of the installation. The VERIZON technician will
work with the SPRINT center to test the newly installed loop, which may include
the placing and removing of shorts to allow SPRINT to test the line. VERIZON
will contact SPRINT when the loop order is completed by calling the toll free
(e., 800/888) telephone number specified on the order. It is agreed that after
calling the SPRINT 800/888 telephone number the VERIZON technician will not
remain on hold for longer than five minutes, and the VERIZON technician will not
be required to spend more than 15 minutes performing cooperative testing on
any single loop. Once Sprint determines that the loop meets the technical
requirements for an unbundled loop, Sprint will provide VERIZON with a
confirmation number and VERIZON will complete the order. VERIZON will
perform repair and maintenance on trouble identified to be in VERIZON'
network.
VERIZON will not perform routine testing of the unbundled loop for maintenance
purposes. Sprint will be required to provision a loop testing device either in its
central office (switch location), Operations Center, or in its collocation
arrangement to test the unbundled loop.
Subloops.
SPRINT is responsible for all engineering requirements when provisioning service to an
end user via Subloop UNEs. VERIZON does not guarantee, nor is it responsible for, the
end-to-end performance of the entire loop when VERIZON provides only a portion of the
loop. Furthermore , VERIZON is responsible for maintenance on only the portion of the
loop element that VERIZON provides. VERIZON will provide all Subloop UNEs to
SPRINT in the same manner as VERIZON provides such elements to itself per existing
VERIZON interface specifications, maintenance and administrative policies.
251/252 FINAL AGREEMENT
Laap Interference
Sprint will deplay xDSL equipment that aperates under the Pawer Spectral Density (PSD)
mask defined by ANSI T1 standards.
If SPRINT's deplayment af service enhancing technalagy interferes with existing ar
planned service enhancing technalagies deplayed by VERIZON ar ather CLECs in the
same cable sheath, VERIZON will so. natify SPRINT and SPRINT will immediately
remave such interfering technalagy and shall reimburse VERIZON far all casts and
expenses incurred related to. this interference.
VERIZON will implement spectrum management practices that provide methads to.
resalve service degradatian caused by disturbers an nearby laap pairs when there are
industry standards adapted far spectrum management. Methads may include farms af
binder management designed to. protect services from the effects af knawn disturbers.
Financial Matters.
Rates and CharQes
The manthly recurring charges (MRCs) and nan-recurring charges (NRCs) applicable far
the UNEs and Cambinatians, and related services made available under this Attachment
are set farth in Appendix A and Appendix A-1 attached hereto. and made a part af this
Attachment. Campensatian arrangements far the exchange af switched traffic between
SPRINT and VERIZON when SPRINT uses a VERIZON part, lacal switching and shared
transpart shall be as set farth in Appendix B.
BillinQ
VERIZONwili utilize CBSS to. produce the required bills far UNEs ardered via the LSR
process. This includes NIDs, sublaaps, laaps, laaps cambined with part, parts and lacal
switching, shared transpart, and line sharing. State ar sub-state level billing will include
up to. thirty (30) summary bill accaunts. Timing af messages applicable to. VERIZON'
part and circuit switching UNEs (usage sensitive services) will be recarded based an
ariginating and terminating access. VERIZON will utilize CABS to. produce the required
bills for UNEs and Cambinatians ardered via the ASR process. This includes dark fiber
dedicated transpart and laaps cambined with dedicated transpart.
Incallects . Incallects are calls that are placed using the services af VERIZON ar
anather LEC ar lacal service provider and billed to. a UNE part, INP number, ar
LNP number af SPRINT. Examples af an incallect are callect and credit card
calls. VERIZON will pravide the rated recard it receives from the CMOS netwark
ar which VERIZON recards (nan-intercampany), to. SPRINT far billing to.
SPRINT's Custamers. VERIZON will settle with the earning campany, and will
bill SPRINT the amaunt af each incallect recard less the Billing & Callectian
(B&C) fee far Custamer billing af the incallects. The B&C credit assaciated with
SPRINT's incallect messages that are incurred by VERIZON will be billed to.
SPRINT an the manthly statement.
Outcallects. Outcallects are calls that are placed using a SPRINT UNE part and
billed to. a VERIZON line ar the line af anather LEC ar lacal service pravider.
Examples af an autcallect are callect and credit card calls. When the VERIZON
Central Office Switch fram which the UNE part is served utilizes a VERIZON
aperatar services platfarm, VERIZON will pravide to. SPRINT the unrated
message detail that ariginates from a SPRINT resale service line ar UNE part
251/252 FINAL AGREEMENT
but which is billed to a telephone number other than the originating number (e.
calling card, bill-to-third number, etc.). As the local service provider, SPRINT will
be deemed the earning company and will be responsible for rating the message
at SPRINT's rates and for providing the billing message detail to the billing
company for Customer billing. SPRINT will pay to VERIZON charges as agreed
to for services purchased, and SPRINT will be compensated by the billing
company for the revenue due to SPRINT. When a non-VERIZON entity provides
operator services to the VERIZON Central Office Switch from which the resale
line or UNE port is provisioned, SPRINT must contract with the operator services
provider to obtain any EMI records required by SPRINT.
Measurement of Oriqinatinq Usaqe
VERIZON shall record usage data originating from SPRINT Customers that VERIZON
records with respect to its own retail Customers, using services order by SPRINT. On
UNE port accounts, VERIZON will provide usage in EMI format per existing file exchange
schedules.
5.4 Measurement of Terminatinq Usaqe.
Until such time as industry standards are implemented for recording and measuring
terminating local calls, the Parties agree to use factors to estimate terminating usage
based on originating usage. Where originating usage cannot be measured, the Parties
agree to use assumed minutes. The applicable factors and assumed minutes are set
forth in Appendix A.
Switched Access Usaqe
VERIZON will provide SPRINT switched access usage records (AURs) in EMI Category
11 format for those UNEs which contain this switched access usage component.
SPRINT agrees to follow applicable industry standards for the meet-point billing of
switched access usage as defined in MECAB.
Intellectual Property Matters.
The Parties acknowledge that the determination of whether intellectual property rights are
implicated by SPRINT's request to purchase a given UNE or Combination can vary greatly
. depending upon the individual contract terms negotiated by the vendor and VERIZON. If co-
extensive intellectual property rights are required for SPRINT to purchase such UNE or
Combination, VERIZON shall use its best efforts to assist SPRINT in acquiring such rights. Any
costs associated with acquiring such rights shall be allocated among SPRINT and all requesting
carriers, including VERIZON, on a case-by-case basis. SPRINT shall abide by all reasonable
vendor requirements in connection with the determination and procurement of such rights,
including, without limitation , confidentiality and privity of contract requirements. To the extent that
SPRINT intends to use an UNE or Combination in a manner that is different from how VERIZON
uses UNEs or Combinations in its network, SPRINT shall be solely responsible for obtaining this
right from the vendor.
Line Splittinq
CLECs may provide integrated voice and data services over the same Loop by engaging in "line
splitting" as set forth in paragraph 18 of the FCC's Line Sharing Reconsideration Order (CC
Docket Nos. 98-147, 96-98), released January 19, 2001. Any line splitting between two CLECs
shall be accomplished by prior negotiated arrangement between those CLECs. To achieve a line
splitting capability, CLECs may utilize existing supporting ass to order and combine in a line
251/252 FINAL AGREEMENT
splitting configuration an unbundled xDSL capable Loop terminated to a collocated splitter and
DSLAM equipment provided by a participating CLEC, unbundled switching combined with shared
transport, collocator-to-collocator connections, and available cross-connects, under the terms and
conditions set forth in their Interconnection Agreement(s). The participating CLECs shall provide
any splitters used in a line splitting configuration. CLECs seeking to migrate existing UNE
platform configurations to a line splitting configuration using the same unbundled elements
utilized in the pre-existing platform arrangement may do so consistent with such implementation
schedules, terms, conditions and guidelines as are agreed upon for such migrations in the
ongoing DSL Collaborative in the State of New York, NY PSG Case OO-O127, allowing for local
jurisdictional and ass differences.
251/252 FINAL AGREEMENT
APPENDIX A TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT
PRICES FOR UNBUNDLED NETWORK ELEMENTS
General.The rates contained in this Appendix A are the rates as defined in the UNE Attachment and are
subject to change resulting from future Commission or other proceedings, including but not limited to any
generic proceeding to determine VERIZON'S unrecovered costs (e.; historic costs, contribution
undepreciated reserve deficiency, or similar unrecovered VERIZON costs (including VERIZON's interim
Service Support Surcharge)), the establishment of a competitively neutral universal service system, or
any appeal or other litigation. VERIZON will offer unbundled loops and ports under the following
conditions:
Interim Universal Service Support Charge. It is VERIZON's position that VERIZON's current intraLATA
toll rates include implicit subsidies that support below-cost prices for other services and thus promote
universal service. This universal service support is lost where a CLEC resells VERIZON's local service
but does not resell VERIZON's intraLATA toll service. For this reason, VERIZON contends it should not
be required to resell basic exchange residential or business services unless SPRINT pays the monthly
interim universal service support charge set forth in Appendix A. VERIZON believes that this interim
surcharge is required by state and federal law. The lawfulness of VERIZON's interim surcharge is being
addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties
agree that VERIZON will offer for resale basic exchange residential and business services at the avoided
cost discount rate set forth in Appendix A without the interim surcharge, but subject to the following terms
and conditions:
Loop Elements
SPRINT agrees that, if an order by the Commission or a court of compentent jurisdiction
affirming VERIZON's interim surcharge is issued during the term of this Agreement
Sprint shall~ within thirty (30) days after the effective date of such order (i) begin paying
the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum
payment to VERIZON of the total interim surcharges retroactive to the effective date of
this Agreement. VERIZON further expressly reserves its right to seek retroactive true-up
from Sprint of such interim surcharges under this Agreement in the event the
Commission or a court of competent jurisdiction issues an order affirming VERIZON'
interim surcharge after the expiration of this Agreement.
Notwithstanding any provision in this Agreement, VERIZON reserves the right to , at its
sole discretion and at any time, seek injunctive or other relief (i) requiring SPRINT to pay
VERIZON's interim surcharge or (ii) requiring the Commission to immediately impose the
interim surcharge.
Nothing in this Agreement shall restrict or impair VERIZON from seeking injunctive relief
or any other remedy at any time and in any court regarding VERIZON's interim surcharge
or the Commission s rejection or modification of VERIZON's interim surcharge.
VERIZON
$ 28.
$ 40.
$ 28.
$ 40.
$ 97.
$1,345.
$ 2.
$ 67.$ 3.
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
Type C Conditioning
Type C Improved Conditioning
Type DA Conditioning
251/252 FINAL AGREEMENT
AT&T
16.
31.
16.
31.
Supplemental Features:
ISDN-BAI Line Loop Extender
DS1 Clear Channel Capability
Subloop
Wire Feeder
Wire Distribution
Wire Feeder
Wire Distribution
Wire Drop
Wire Drop
Inside Wire
Network Interface Device (leased separately)
251/252 FINAL AGREEMENT
TBD
25.
9.43
17.
13.
25.
BFA
DBasic NID 1.45
Complex (12 x) NID
Port and Switching Elements
VERIZON
AT&T
Ports
Basic Analog Line Side Port
Coin Line Side Port
ISDN BAI Digital Line Side Port
DS-1 Digital Trunk Side Port
ISDN PAl Digital Trunk Side Port
$ 4.
$ 22.
30.49
$ 172.
$ 603.
54.
Vertical Features See Attached List
Usage Charges (must purchase Port)
Local Central Office Switching
Shared Transport
Transport Termination
Transport Facility per mile
Tandem Switching
$0.0068413
$0.0002092
$0.0000266
$0.0048870
0036286
0002047
0000155
0015000
Terminating to Originating Ratio
Assumed Minutes TBD
Operator and Directory Assistance Services (OS/DA)
National DA
Mechanized Operator Calling Card
Live Operator
Originating Line Number Screening
Call Detail Record
Busy Line Verify
Busy Line Interrupt
$0.5500000
$0.4500000
, $0.0890000
$0.4490000
$0.0180000
$0.0200000
$0.9900000
$1.0500000
Transport Elements
CLEC Dedicated Transport
COT 2 Wire
COT 4 Wire
COT DS1
COT DS3 (Optical Interface)
COT DS3 (Electrical Interface)
$ 27.
$ 39.
$ 190.
125.
500.
30.
39.
171.
738.
Interoffice Dedicated Transport
lOT DSO Transport Facility per ALM
lOT DSO Transport Termination
lOT DS1 Transport Facility per ALM
lOT DS1 Transport Termination
0.40
76.37.
251/252 FINAL AGREEMENT
IDT DS3 Transport Facility per ALM
IDT DS3 Transport Termination
$ 271.
$ 526.
22.
344.
Multiplexing
DS1 to Voice Multiplexing
DS3 to DS1 Multiplexing
DS1 Clear Channel Capability
$ 123.
$ 477.
25:00
262.
373.
Unbundled Dark Fiber
UnbundJed Dark Fiber Loops/Subloops
Dark Fiber Loop
Dark Fiber Subloop - Feeder
Dark Fiber Subloop - Distribution
51.
40.
10.
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
19.
BFA
BFA
BFA
BFA
Packet Switching
Call Related Database
Service Management System
ass
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, VEAIZON 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
251/252 FINAL AGREEMENT
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
NRCs. On an interim basis, until NRCs specific to UNE-P have been established, the Initial Service Order
Charge for ports will be billed for all UNE combination orders. Central Office Line Connection or Outside
Facility Fieldwork charges will be applied as incurred on UNE combination orders. VERIZON reserves
the right to apply new NRCs specific to UNE-P when such NRCs have been developed.
Optional NRCs will apply as ordered by the CLEC including such charges as Expedites, Coordinated
Conversions, loop Conditioning, etc.
Operator Services and Directory Assistance Services (OS/DA). If SPRINT does not initially utilize
available customized routing services to re-route OS/DA calls to its own or another party s operator
services platform, VERIZON will bill the CLEC for OS/DA calls at a market-based 1GB rate pending
SPRINTs completion of a separate OS/DA agreement.
Universal Service Support Surcharge
Per Loop
Per Port
$ 11.
$ 11.
251/252 FINAL AGREEMENT
CALIFORNIA UNBUNDLED VERTICAL FEATURES
VERTICAL FEATURES (Subject to Availability)VERIZON AT&T
Three Way Calling $/F eatu re/Month $2.$0.
Call Forwarding Variable $/Feature/Month $0.
Cust. Changeable Speed Calling 1-Digit $/Feature/Month $0.
Cust. Changeable Speed Calling 2-Digit $/Feature/Month $0.
Call Waiting $/Feature/Month $0.$0.
Cancel Call Waiting $/Feature/Month $0.$0.
Automatic Callback $/Featu re/Month $0.$0.
Automatic Recall $/Featu re/Month $0.41
Calling Number Delivery $/Featu re/Month $1.
Calling Number Delivery Blocking $/Featu re/Month $0.
Distinctive Ringing / Call Waiting $/Featu re/Month $0.$0.
Customer Originated Trace $/Featu re/Month $0.$0.
Selective Call Rejection $/Featu re/Month $0.
Selective Call Forwarding $/Featu re/Month $0.
Selective Call Acceptance $/Featu re/Month $0.
Call Forwarding Variable CTX $/Featu re/Month $0.
Call Forwarding Incoming Only $/Feature/Month $0.46
Call Forwarding Within Group Only $/Feature/Month $0.
Call Forwarding Busy Line $/Feature/Month $0.
Call Forwarding Don t Answer All Calls $/Feature/Month $0.
Remote Call Forward $/Feature/Month $4.$2.
Call Waiting Originating $/Feature/Month $0.
Call Waiting Terminating $/Feature/Morith $0.
Cancel Call Waiting CTX $/Featu re/Month $0.
Three Way Calling CTX $/Feature/Month $2.
Call Transfer Individual All Calls $/Feature/Month $0.
Add-on Consultation Hold Incoming Only $/Featu re/Month $0.
Speed Calling Individual1-Digit $/Feature/Month $0.42
Speed Calling Individual 2-Digit $/Featu re/Month $0.
Direct Connect $/Featu re/Month $0.
Distinctive Alerting / Call Waiting Indicator $/Featu re/Month $0.
251/252 FINAL AGREEMENT
VERTICAL FEATURES (Subject to Availability)VERIZON AT&T
Call Hold $/F eatu re/Month $0.
Semi-Restricted (Origrrerm)$/Featu re/Month $2.$0.
Fully-Restricted (Origrrerm)$/Feature/Month $2.$0.
Toll Restricted Service $/Feature/Month $0.
Call Pick-up $/Featu re/Month $0.
Directed Call Pick-up w/Barge-$/Feature/Month $0.
Directed Call Pick-up w/o Barge-$/Feature/Month $0.
Special Intercept Announcements $/Featu re/Month $16.
Conference Calling - 6-Way Station Cont.$/Feature/Month $2.
Station Message Detail Recording $/Feature/Month $0.
Station Message Detail Recording to Premises $/Featu re/Month $2.
Fixed Night Service - Key $/Feature/Month $2.
Attendant Camp-on (Non-DI Console)$/Feature/Month $1.
Attendant Busy Line Verification $/Feature/Month $3.
Control of Facilities $/Feature/Month $0.
Fixed Night Service - Call Forwarding $/Feature/Month $0.
Attendant Conference $/Featu re/Month $9.
Circular Hunting $/Feature/Month $0.
Preferential Multiline Hunting $/Feature/Month $0.
Uniform Call Distribution $/Featu re/Month $0.
Stop Hunt Key $/F eatu re/Month $0.
Make Busy Key $/Feature/Month $6.
Queuing , $/Feature/Month $1.
Automatic Route Selection $/F eatu re/M onth $1.41
Facility Restriction level $/Feature/Month $0.
Expansive Route Warning Tone $/Feature/Month $0.
Time-of-Day Routing Control $/Feature/Month $1.45
Foreign Exchange Facilities $/Feature/Month $6.47
Anonymous Call Rejection $/Feature/Month $5.
Basic Business Group Sta-Sta ICM $/Featu re/Month $11.
Basic Business Group CTX $/Feature/Month $0.
Basic Business Group 000 $/Feature/Month $0.
Basic Business Auto 10 Outward Dialing $/Featu re/Month $0.
251/252 FINAL AGREEMENT
VERTICAL FEATURES (Subject to Availability)VERIZON AT&T
Basic Business Group DID $/Feature/Month $0.
Business Set Group Intercom All Calls $/Featu fe/Month $6.44
Dial Call Waiting $/Feature/Month $0.
Loudspeaker Paging $/Feature/Month $5.
Recorded Telephone Dictation $/Feature/Month $9.
On-Hook Queuing for Outgoing Trunks $/Feature/Month $1.
Off-Hook Queuing for Outgoing Trunks $/Feature/Month $0.
Teen Service $/Feature/Month $0.
Bg - Automatic Call Back $/Feature/Month $0.45 $0.
Voice/Data Protection $/Featu fe/Month $0.
Authorization Codes for Afr $/Featu fe/Month $0.
Account Codes for Afr $/Feature/Month $0.
Code Restriction Diversion $/Feature/Month $0.
Code Calling $/Feature/Month $9.
Meet-Me Conference $/Feature/Month $19.
Call Park $/Feature/Month $0.
Executive Busy Override $/Feature/Month $0.
Last Number Redial $/Feature/Month $0.$0.
Direct Inward System Access $/Feature/Month $0.
Authorization Code Immediate Dialing $/Featu fe/Month $0.
Bg - Speed Calling Shared $/Featu fe/Month $0.
Attendant Recall from Satellite $/Featu fe/Month $4.
Bg - Speed Calling 2-Shared $/Featu fe/Month $0.
Business Set - Call Pick-up $/Feature/Month $0.
Authorization Code for Mdr $/F eatu fe/Month $0.
Locked Loop Operation $/F eatu fe/Month $0.
Attendant Position Busy $/F eatu fe/Month $6.
Two-Way Splitting $/Feature/Month $0.
Call Forwarding - All (Fixed)$/Feature/Month $0.$0.
Business Group Call Waiting $/Feature/Month $0.
Music on Hold $/Feature/Month $2.42
Automatic Alternate Routing $/Feature/Month $2.
DTMF Dialing $/Feature/Month $0.
251/252 FINAL AGREEMENT 100
VERTICAL FEATURES (Subject to Availability)VERIZON AT&T
BG DTMF Dialing $/Feature/Month $0.
Business Set Access to Paging $/Feature/Month $2.
Call Flip-Flop (Ctx-$/Feature/Month $0.
Selective Calling Waiting (Class)$/Feature/Month $0.
Direct Inward Dialing $/Feature/Month $8.
Customer Dialed Account Recording $/Feature/Month $1.42
Deluxe Automatic Route Selection $/Feature/Month $3.
MDC Attendant Console $/Feature/Month $104.
Warm Line $/Feature/Month $0.
Calling Name Delivery $/Feature/Month $0.
Call Forwarding Enhancements $/F eatu re/Month $0.
Caller ID Name and Number $/Feature/Month $1.
nContact $/Featu re/Month $1.
Call Waiting ID $/F eatu re/M onth $0.
AU'd ID on Incoming Calls $/Feature/Month $0.46
Privacy Release $/Feature/Month $0.
Display Calling Number $/Feature/Month $0.
Six-Port Conference $/Feature/Month $5.
Business Set Call Back Queuing $/Feature/Month $0.
ISDN Code Calling - Answer $/Feature/Month $0.
AU'd Call Park $/Feature/Month $0.
AU'd Autodial $/Feature/Month $0.
AU'd Speed Calling $/Feature/Month $0.
AU'd Console Test $/Feature/Month $0.
AU'd Delayed Operation $/Feature/Month $0.
AU'd Lockout $/Feature/Month $0.
Att'd Multiple Listed Directory Numbers $/Featu re/Month $0.
AU'd Secrecy $/Feature/Month $0.
AU'd Wildcard Key $/Featu re/Month $0.
AU'd Flexible Console Alerting $/Feature/Month $0.
AU'd VFG Trunk Group Busy on AU'd Console $/Feature/Month $0.
AU'd Console Act/Deact of CFU/CFT $/Featu re/Month $0.
AU'd Display of Queued Calls $/Feature/Month $0.
251/252 FINAL AGREEMENT 101
VERTICAL FEATURES (Subject to Availability)VERIZON AT&T
Att'd Interposition Transfer $/Feature/Month $0.
Att'd Automatic Recall $/Feature/Month $0.
251/252 FINAL AGREEMENT 102
APPENDIX A-1 TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT
PRICES FOR UNBUNDLED NETWORK ELEMENTS (NON-RECURRING CHARGES)
Exchange - Basic - Initial 38.27.42.38.
Exchange - Basic - Subsequent 17.44 12.14.49 13.
Exchange - Complex Nondigital - Initial 40.25.107.26.
Exchange - Complex Nondigital - Subsequent 18.13.14.49 13.
Exchange - Complex Digital - Initial 40.25.96.26.
Exchange - Complex Digital - Subsequent 18.13.14.49 13.
Advanced - Basic - Initial 36.25.573.$ 202.
Advanced - Complex - Initial 40.25.569. 1 3 $ 303.
Exchange - Basic - Initial 33.21.31.29.
Exchange - Basic - Subsequent (Port Feature)19.14.
Exchange - Basic - Subsequent (CO Interconnection)19.14.14.49 13.
Exchange - Complex Nondigital - Initial 43.28.75.38.
Exchange - Complex Nondigital - Subsequent
(Port Feature)25.21.
Exchange - Complex Nondigital - Subsequent
(Switch Feature Group)30.21.23.
Exchange - Complex Nondigital - Subsequent
(CO Interconnection)25.21.14.49 13.
Exchange - Complex Digital - Initial 43.28.29.32.
Exchange - Complex Digital - Subsequent (Port Feature)25.21.5.45 5.45
Exchange - Complex Digital - Subsequent
(Switch Feature Group)30.21.23.
Exchange - Complex Digital - Subsequent
(CO Interconnection)25.21.14.49 13.
251/252 FINAL AGREEMENT 103
Advanced - Basic - Initial TBO TBO TBO TBO
Advanced - Complex - Initial TBO TBO TBO TBO
Advanced - Basic - Subsequent TBO TBO TBO TBO
Advanced - Complex - Subsequent TBO TBO TBO TBO
Exchange - Basic $ 27.$ 18.33.N/A
Exchange - Basic - Initial
Exchange - Complex Oigital - Initial
Inside Wire
TBO
TBO
BFA
TBO
TBO
BFA
TBO
TBO
BFA
TBO
TBO
BFA
Service Inquiry Charge
Initial Service Order
Connection Charge
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
Initial Service Order - Advanced/Special-Complex
EEL Changeover Charge
EEL Subsequent Order
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
TBO
Loop Conditioning - Bridged Tap N/A N/A 318.71'"34.
Loop Conditioning - Load Coils N/A N/A 249.
Loop Conditioning - Load Coils / Bridged Tap N/A N/A 568.34.
Loop Conditioning - Feeder - Bridged Tap TBO TBO TBO TBO
Loop Conditioning - Feeder - Load Coils TBO TBO TBO TBO
251/252 FINAL AGREEMENT 104
Loop Conditioning - Feeder - Load Coils I Bridged Tap
Loop Conditioning - Distribution - Bridged Tap
Loop Conditioning - Distribution - Load Coils
Loop Conditioning - Distribution - Load Coils I Bridged Tap
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
Advanced - Basic - Initial TBD TBD TBD TBD
Advanced - Complex - Initial TBD TBD TBD TBD
Exchange - Basic - Initial TBD TBD TBD TBD
Exchange - Complex Nondigital - Initial TBD TBD TBD TBD
Exchange - Complex Digital - Initial TBD TBD TBD TBD
Advanced - Basic - Subsequent TBD TBD TBD TBD
Advanced - Complex - Subsequent TBD TBD TBD TBD
Exchange - Basic - Subsequent TBD TBD TBD TBD
Exchange - Complex Nondigital - Subsequent TBD TBD TBD TBD
Exchange - Complex Digital - Subsequent TBD TBD TBD TBD
UNE-P Changeover Charge TBD TBD TBD TBD
Advanced - Basic - Initial 95.49 63.428.N/A
Advanced - Basic - Subsequent 45.28.58.N/A
Advanced - Complex - Initial $ 105.72.584.49 N/A
Advanced - Complex - Subsequent 45.$ 28.86.N/A
Facilities and Trunks - Initial
Facilities and Trunks - Subsequent (with Engineering
Review)
Facilities and Trunks - Subsequent (w/o E~gineering
Review)
$ 237.
$ 71.
$ 71.
$ 205.
$ 55.
$ 55.
$ 568.
$ 213.
67.
N/A
N/A
N/A
Trunks Only - Initial $ 126.
251/252 FINAL AGREEMENT 105
$ 93.505.41 N/A
Trunks Only - Subsequent (with Engineering Review)49.46 $ 33.$ 202.N/A
Trunks Only - Subsequent (w/o Engineering Review)49.46 33.67.N/A
STP Ports (SS7 Links)$ 237.$205.438.N/A
Entrance Facility/Dedicated Transport DSO ., Initial 95.49 $ 63.390.N/A
Entrance Facility/Dedicated Transport DSO - Subsequent $ 45.$ 28.58.N/A
Entrance Facility/Dedicated Transport DS1/D83 - Initial $ 105.$ 72.515.N/A
Entrance Facility/Dedicated Transport DS1/DS3 -$ 45.$ 28.86.N/A
Subsequent
Exchange - Standard Interval - Per Qtr. Hour 30.30.N/A N/A
Exchange - Additional Interval - Per Qtr. Hour 26.26.N/A N/A
Advanced - Standard Interval - Per Qtr. Hour 22.22.N/A N/A
Advanced - Additional Interval - Per Qtr. Hour 21.20.N/A N/A
Exchange - Standard Interval - Per Hour $ 108.$ 108.N/A N/A
Exchange - Additional Interval - Per Qtr. Hour 26.26.N/A N/A
Advanced - Standard Interval - Per Hour 83.43 83.N/A N/A
Advanced - Additional Interval - Per Qtr. Hour 21.20.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)$ 166.
N/A
N/A
N/A
N/A$ 166.
251/252 FINAL AGREEMENT 106
251/252 FINAL AGREEMENT 107
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that SPRINT orders any
service from this Agreement.
Customer Record Search applies when SPRINT 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 theorder.
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 Subloop Distribution, Standard
Subloop Feeder, Drop and NID.
Exchange-Complex: Non-loaded Subloop Distribution, Non-load Subloop Feeder, Loop
Conditioning, Customized Routing, ISDN BRI Digital Line Side Port and Line Sharing.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber, EELs, and ISDN PAl Digital Trunk Side
Port
Conditioning applies in addition to the ISO, for each Loop or Subloop UNE for the installation and
grooming of Conditioning requests.
DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation and
grooming of DS1 Clear Channel Capability requests.
251/252 FINAL AGREEMENT 108
Changeover Charge applies to UNE-P and EEL orders when an existing retail, resale, or special
access service is already in place.
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests VERIZON to
determine the availability of dark fiber on a specific route.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs):
Service Order Expedite applies if SPRINT requests service prior to the standard due date
intervals and the expedite request can be met by VERIZON.
Coordinated Conversion applies if SPRINT requests notification and coordination of service cut-
over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if SPRINT 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.
251/252 FINAL AGREEMENT 109
APPENDIX B TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT
COMPENSATION FOR EXCHANGE OF TRAFFIC USING UNBUNDLED ELEMENTS
1. This Appendix describes the compensation terms that apply for exchanging local, intraLA T A, toll and
interexchange traffic when SPRINT uses VERIZON-provided unbundled ports, local switching
and shared transport to provide service to SPRINT's end-users. Reciprocal compensation does
not apply in a resale environment.
2. Compensation for SPRINT's Purchase of VERIZON's unbundled local switching.
For local intra-switch calls between lines connected to VERIZON's switch where SPRINT
has purchased VERIZON's unbundled local switching, the Parties agree to impose no
call termination charges on each other. VERIZON's local switching charge will apply as
described below where the call is:
1.4
Originated by SPRINT's customer using VERIZON's unbundled local switching
and completed to a VERIZON customer:
1 (For use of the local switch): local switching charge the originating,office
will apply to SPRINT.
Originated by SPRINT's customer using VERIZON's unbundled local switching
and completed to the customer of a third party LEC (not affiliated with SPRINT)
using VERIZON's unbundled local switching.
1 (For use of the local switch): local switching charge at the originating
office will apply to SPRINT.
Originated by SPRINT's customer using VERIZON's unbundled local switching
and completed to another SPRINT's customer using VERIZON's unbundled local
switching.
(For use of the local switch): local switching charge at the originating
office will apply to SPRINT.
Originated by a VERIZON customer and terminated to SPRINT's customer using
VERIZON's unbundled local switching.
1.4.1 No local switching charge will apply to SPRINT.
Originated by the customer of a third-party LEC (not affiliated with SPRINT) using
VERIZON's unbundled local switching and terminated to SPRINT's customers
using VERIZON's unbundled local switching.
1 No local switching charge will apply to SPRINT.
For local inter-switch calls where SPRINT has purchased VERIZON's unbundled local
switching. VERIZON's charges will apply to CLEC as described below where the call is:
251/252 FINAL AGREEMENT
Originated from SPRINT's end-user customer using VERIZON's unbundled local
switching and completed to a VERIZON customer:
1 (For use of the local switch): local switching charge at the originating
office.
110
2.4
251/252 FINAL AGREEMENT
2 A mileage-based transport charge will apply when SPRINT uses
VERIZON's transport.
3 Tandem Switching, if applicable.
1.4 (For call termination): Charges for local interconnection/call termination
when applicable
Originated from SPRINT's customer using VERIZON's unbundled local switching
and completed to a third-party LEC (not affiliated with SPRINT) customer using
VERIZON's unbundled local switching.
1 (For use of the local switch): local switching charge at the originatingoffice.
2 A mileage-based transport charge will apply when SPRINT uses
VERIZON's transport.
3 Tandem Switching, if applicable.
Originated from SPRINT's customer using VERIZON's unbundled local switching
and completed to the interconnected network of a third-party LEC (not affiliated
with SPRINT).
1 (For use of the local switch): local switching charge at the originating
office.
2 A mileage-based transport charge will apply when SPRINT uses
VERIZON's transport, and mileage shall be measured between the
originating office and the IP of the Third Party s network.
3 Tandem Switching, if applicable.
Originated from SPRINT's customer using VERIZON's unbundled local switching
and completed to SPRINT's customer using VERIZON's unbundled local
switching.
2.4.1 (For use of the local switch): local switching charge at the originating
office.
2.4.2 A mileage-based transport charge will apply when SPRINT uses
VERIZON's transport.
2.4.3 Tandem Switching, if applicable.
2.4.4 (For use of the local switch):Local switching charge at the terminating
office.
Originated by a VERIZON customer and terminated to SPRINT's customer using
VERIZON's unbundled local switching.
1 (For use at local switch): local switching charge at the terminating office.
2 (For call termination): SPRINT shall charge VERIZON for local
interconnection/call termination, when applicable.
111
Originated by a customer of a third-party LEC using VERIZON's unbundled local
switching and terminated to SPRINT's customer using VERIZON's unbundled
local switching.
(For use of the local switch): local switching charge at the terminating
office.
Originated by a customer of the interconnected network of a third-party LEC and
terminated to SPRINT's customers using VERIZON's unbundled local switching.
(For use of the local switch): local switching charge at the terminating
office.
For intraLATA toll calls where SPRINT has purchased VERIZON's unbundled local
switching, charges shall apply as follows:
3.4
Originated by SPRINT's customer and completed to a VERIZON customer:
1 (For use of the local switch): local switching charge at the originating
office.
2 Shared transport charge between the two offices will apply when
SPRINT uses VERIZON's transport.
3 Tandem Switching, if applicable.
1.4 (For call termination): End Office Switching charge at the terminating
office (Switched Access Rate).
Originated by SPRINT's customer and completed to the customer of a third-party
LEC using VERIZON's unbundled local switching in a distant end office.
1 (For use of the local switch): local switching charge at the originating
office.
2 Shared transport charge between the two offices will apply when
SPRINT uses VERIZON's transport.
3 Tandem Switching, if applicable.
Originated by SPRINT's customer and completed to the network of a third-party
LEC interconnected with VERIZON's network.
(For use of the local switch): local switching charge at the originating
office.
2 Common transport charge will apply when SPRINT uses VERIZON'
transport, and mileage shall be measured between the originating office
and the IP of the Third Party s network.
3 Tandem Switching, where applicable.
Originated by SPRINT's customer and completed by another of SPRINT's
customers being served through VERIZON's unbundled local switching in a
distant office.
251/252 FINAL AGREEMENT 112
3.4.1 (For use of the local switch): local switching charge at the originating
office.
3.4.2 Shared transport charge between the two offices will apply when
SPRINT uses VERIZON's transport.
3.4.3 Tandem Switching, if applicable.
3.4.4 (For use of the local switch): local switching charge at the terminating
office.
Originated by a VERIZON customer and terminated to SPRINT's customer using
VERIZON's unbundled local switching.
1 (For use of the local switch): local switching charge at the terminating
office.
(For call termination): SPRINT will charge VERIZON local switching at
the terminating office.
Originated by a customer of a third-party LEC (not affiliated with SPRINT) using
VERIZON's unbundled local switching in a distant end office and terminated to
, SPRINT's customers using VERIZON's unbundled local switching.
(For use of the local switch): local switching charge at the terminating
office.
Originated by a customer of the network of a third-party LEC interconnected with
VERIZON's network and terminated to SPRINT's customers using VERIZON'
unbundled local switching.
1 (For use of the local switch): local switching charge at the terminating
office.
2.4 For intrastate Switched Access calls where SPRINT is using VERIZON's unbundled local
switching for calls originated from or terminated to an IXC for completion:
2.4.For calls originated from SPRINT's customer to an IXC switch for completion.
2.4.1 (For use of the local switch): local switching charge at the office.
2.4.2 Shared Transport;
2.4.3 Tandem Switching
2.4.For calls terminating to SPRINT's end-user customer from an IXC switch for
completion.
2.4.1 (For use of the local switch): local switching charge at the terminating
office.
2.4.2 Shared Transport;
2.4.3 Tandem Switching
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For interstate Switched Access calls where SPRINT is using VERIZON1s unbundled local
switching for calls originated from or terminated to an IXC for completion:
For calls originated from SPRINT's customer to an IXC switch for completion.
1 (For use of the local switch): local switching charge at the originating
office.
2 Shared Transport;
3 Tandem Switching
For calls terminating to SPRINT's customer from an IXC switch for completion:
1 (For use of the local switch): local switching charge at the terminating
office.
2 Shared Transport;
3 Tandem Switching
3. Unbundled local switching will be billed on a per minute of use basis and applied to all originating and
interswitch terminating traffic, including, but not limited to local, toll, operator services, directory
assistance, 911/E-911 , 500, 700, BOO/BBB, 900, 950, 976, busy calls, no answer, incomplete.
Where non-conversation time cannot be measured, the parties will mutually agree on the
appropriate measure and charge. Where measurement of terminating local switching minutes is
not available, the number of minutes billed for terminating usage will be equal to the number of
originating minutes. The Parties will mutually agree on a method and procedure to periodically
sample and validate or adjust the ratio of originating to terminating minutes for billing purposes.
251/252 FINAL AGREEMENT 114
APPENDIX C TO THE UNBUNDLED NETWORK ELEMENTS ATTACHMENT
LlNESHARING
General.
Description of Service. The Administrative Law Judge s Ruling on Line Sharing issued
on May 26 2000 in Rulemaking 93-04-003 and Investigation 93-04-002 (the "ALJ
Ruling ) required VERIZON (then known as "GTE") to make the Line Sharing UNE
service offering under the terms and conditions set forth in this Appendix C. For
purposes of this Agreement, line sharing is access to the high frequency portion of the
loop network element, which is defined as the frequency range above the voiceband on a
copper loop facility that is being used by VERIZON to carry analog circuit-switched
voiceband transmissions. VERIZON shall provide line sharing to the SPRINT on a
nondiscriminatory basis for use only in the provision of telecommunications service in
accordance with, and subject to, the terms and conditions of this Agreement and
Applicable Law.
Basic Requirements. The following requirements shall serve as conditions to VERIZON'
obligation to provide line sharing hereunder:
251/252 FINAL AGREEMENT
Line sharing will be permitted for any ADSL or voice compatible xDSL ("DSL"
technologies that do not significantly degrade other advanced services or
traditional voice band services, including without limitation Asymmetric Digital
Subscriber Line ("ADSL"), Rate-Adaptive ADSL, and Multiple Virtual Lines. As
additional technologies that may be compatible with existing services on a loop
become available, the parties will address their possible deployment, consistent
with the requirements of FCC Rules 51.230, 51.233 and paragraphs 201-205 of
the Line Sharing Order. The DSL technology used by SPRINT will be within the
PSD mask parameters set forth in T1.413 or other applicable industry standards.
VERIZON provides retail analog circuit switched voice band service ("Voice
Service ) on the loop to the same end-user for which SPRINT provides the DSL
line sharing service. If VERIZON discontinues the provision of such Voice
Service for any permissible reason not prohibited by Applicable Law, VERIZON
shall provide notice to SPRINT via e-mail that the Voice Service will be
discontinued. Within three (3) business days after such notice, SPRINT may
notify VERIZON via e-mail that it desires to: (i) discontinue the end-user s line
sharing DSL service; or (ii) continue providing DSL service to the end-user over
an unbundled loop without line sharing. If SPRINT fails to make an affirmative
election during said three (3) business day period, option (ii) shall be
implemented. If option (ii) is implemented, the Parties shall cooperate to
transition the continuation without interruption (except for momentary
interruptions as described in the ALJ Ruling) of such DSL service without line
sharing.
VERIZON shall be restricted from decommissioning a copper loop when to do so
unreasonably eliminates SPRINT's ability to offer, or to continue to provide, xDSL
service. For existing end-users with line sharing DSL service, VERIZON shall
provide no less than three (3) business days notice to SPRINT via e-mail that it
intends to decommission the line shared copper loop. During such three (3)
business day period, SPRINT shall notify VERIZON via e-mail that it desires to:
(i) discontinue the end-user s line sharing DSL service; or (ii) continue providing
DSL service to the end-user over an unbundled loop without line sharing.
SPRINT fails to make an affirmative election during said three (3) business day
115
period, option (ii) shall be implemented. If option (ii) is implemented, the Parties
shall cooperate to transition the continuation without interruption (except for
momentary interruptions as described in the ALJ Ruling) of such DSL service
without line sharing.
Availability. Provided that the requirements of this Agreement are met, line sharing shall
be available under the following circumstances:
The end-user has Voice Service from VERIZON and wishes to add DSL service
from SPRINT.
The end-user has Voice Service and DSL service from VERIZON and wishes to
convert the DSL service to SPRINT.
The end-user wishes to establish both new Voice Service from VERIZON and
new DSL service from SPRINT, subject to the requirement that Voice Service
must be established prior to the implementation of DSL service.
3.4 The end-user has Voice Service from VERIZON and DSL service from another
competitive local exchange carrier and wishes to convert the DSL service to
SPRINT.
At this time, line sharing will not be available where the end-user has had its Voice
Service number ported out to another local service provider either through interim
number portability or long-term local number portability. In addition, VERIZON shall not
provide line sharing to more than one competitive local exchange carrier per loop.
Subject to the reservation of rights and limitations set forth in Section 1.4, VERIZON shall
abide by the requirements of orders rendered in the Interim Arbitration , Line Sharing
Phase of the Commission s OANAD proceeding (Rulemaking (R.) 93-04-
003/lnvestigation (I.) 93-04-002) regarding the provisioning of line sharing over the UNE
platform.
1.4 Reservation of Riahts. Notwithstanding anything to the contrary in this Agreement, the
Parties do not waive, and hereby expressly reserve, their rights: (a) to challenge, or to
continue to challenge, the legality and/or propriety of the ALJ Ruling, orders rendered in
the Interim Arbitration, Line Sharing Phase of the Commission s OANAD proceeding,
FCC Rule 51.319, the FCC Line Sharing Order (CC Docket No. 96-98 and 98-147; FCC
99-355) and/or any other related FCC orders or rules, including, without limitation, the
FCC Collocation Order in CC Docket No. 98-147 (reI. March 31 1999) which was
remanded and vacated in part by the United States Court of Appeals for the District of
Columbia Circuit on March 17, 2000 (See, GTE Service Corporation , et. al. v. Federal
Communications Commission and United States of America, No. 99-1176, consolidated
with No. 99-1201 2000 U.S. App. LEXIS 4111 (D.C. Cir. 2000); (b) to continue to
prosecute the current appeal of the FCC pricing rules pending before the Eighth Circuit
Court of Appeals; (c) to assert or continue to assert that certain provisions of the FCC'
First, Second and Third Report and Order in FCC Docket No. 96-98 and other FCC
orders or rules are unlawful , illegal and improper; (d) to assert that modifications to this
Agreement from a pricing and/or policy standpoint may be necessary to address or
account, for the use of line sharing for the provision of voice service, including, without
limitation , voice over IP or voice over DSL service; (e) to assert or continue to assert any
rights or challenges already reserved or existing under the Agreement, including, without
limitation, any litigation related to the Agreement; and (f) to take any appropriate action
relating to the offering of line sharing based on the outcome of any of the actions or
challenges described in subparagraphs (a)-(e) above or any other actions. SPRINT
further reserves the right to seek to have this Appendix be construed and interpreted to
enable SPRINT to offer the broadest possible array of advanced services to consumers
251/252 FINAL AGREEMENT 116
in the State of California. The provisions of this Section shall survive the termination
rescission , modification or expiration of this Agreement without limit as to time.
Further Assurances. The Parties understand that both industry and VERIZON standards
and processes applicable to line sharing, including, without limitation, loop qualification
ordering provisioning, fully automated ass interfaces and other facets of ass, are still
being developed. Accordingly, the Parties agree to cooperate in any reasonable
arrangement designed to facilitate the development of such standards and processes
and to document the same for purposes of this Agreement, as necessary and
appropriate.
Customer Education VERIZON and SPRINT shall make end-users aware of the
following conditions and requirements:
The end-user should call VERIZON for problems related to its Voice Service.
The end-user should call its SPRINT contact for problems related to its DSL
service.
The end-user s line shared DSL service is dependent on its Voice Service.
there is a problem with the physical line that causes the Voice Service to be
inoperative, the end-user may also be unable to use DSL services for some
period of time.
Subject to the requirements of Sections 1.2(b) and (c), end-users will not be able
to use SPRINT line shared DSL services if VERIZON Voice Services on the
shared line are cancelled or terminated for any reason.
Operations Matters
Copper Network. Except as otherwise provided in Section 2., VERIZON shall provide
line sharing to SPRINT utilizing an all-copper pair between an end-user customer
demarcation location and the main distribution frame in VERIZON's serving wire center
that is jumpered and cross-connected to a SPRINT collocation arrangement located in
said serving wire center. At the serving wire center, VERIZON shall connect the line to a
SPRINT tie cable via a VERIZON-provided jumper; provided, however, that SPRINT
must first have obtained said tie cable from VERIZON to connect to SPRINT's collocation
arrangement.
Fiber-Fed DLC Network VERIZON shall provide line sharing to SPRINT over Digital
Loop Carrier ("DLC") to the extent required pursuant to Applicable Law, including the
orders rendered in the Interim Arbitration, Line Sharing Phase of the OANAD proceeding,
and without waiving any rights to challenge any such requirement. Fiber-fed DLC
consists of an all-copper pair from the end-user customer demarcation location to a
remote terminal (Le., controlled environmental vault, fiber hut, cabinet or other structure
with fiber-fed DLC equipment installed).
Splitter Options.To utilize line sharing, SPRINT must obtain access to a splitter that
meets the requirements for equipment collocation set by the FCC in its Collocation Order
in CC Docket No. 98-147 (reI. March 31 , 1999) in the central office that serves the end-
user of the shared line. SPRINT may obtain access to said splitter via the following
options. Prior to June 6, 2000 , VERIZON shall equip central offices with a VERIZON-
owned splitter as described in Option No.2 below. SPRINT agrees to use this
configuration for initial line sharing in the central offices that VERIZON commits to have
fully operational on or before June 6, 2000 (assuming that unforeseen delays in the
availability of necessary equipment and/or labor, or other circumstances beyond
251/252 FINAL AGREEMENT 117
VERIZON's control, do not occur) as set forth on Exhibit 1 attached hereto. For those
central offices that VERIZON cannot commit to have fully operational with a VERIZON-
owned splitter on or before June 6,2000, SPRINT may choose to deploy its own splitter
as described in Option No.1 below. VERIZON shall provide SPRINT with written notice
in the event that Exhibit 1 needs to be revised due to unforeseen delays or other
circumstances beyond VERIZON's reasonable control. For any central office in which
SPRINT chooses to install its own splitter, VERIZON agrees to install any additional tie
cables required by SPRINT, in accordance with , and subject to, the terms of collocation
set forth in this Agreement and/or applicable VERIZON tariffs. Notwithstanding anything
to the contrary herein, any splitter installed by SPRINT or VERIZON shall: (1) comply with
ANSI T1 E1 standards and VERIZON NEBS policy for collocators; (2) employ 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
(3) be designed so that the analog voice "dial tone" stays active when the splitter card is
removed for testing or maintenance.
251/252 FINAL AGREEMENT
Option No.1: CLEC Owned Splitter Located in the Collocation Arranaement of
SPRINT. SPRINT may choose to obtain the splitter directly and place the splitter
in its collocation arrangement. SPRINT shall purchase and own the splitter.
Under this option, both the non-SPRINT voice traffic and the SPRINT-provided
DSL services will arrive at the SPRINT collocation arrangement via a tie cable
obtained from VERIZON. At the collocation arrangement, the tie cable will
terminate at the splitter, which will separate the voice traffic and the DSL traffic.
SPRINT will retain the DSL traffic and will return the voice traffic to VERIZON
over a separate CLEC tie pair assignment.
Option No.2: CLEC Owned Splitter Located in an Area of the Servina Wire
Center Controlled Exclusivelv bv VERIZON. SPRINT may choose to have
VERIZON purchase and own the splitter and locate the splitter in an area in the
serving wire center to which SPRINT does not have access (e., on oras close
to the main distribution frame as practical). Said splitter shall be installed in any
of the following locations within the central office, at VERIZON's discretion--the
main distribution frame, in a relay rack mounted arrangement or intermediate
frame arrangement. In this scenario, SPRINT shall obtain the splitter
functionality on an individual "port-at-a-time" basis. VERIZON shall perform all
maintenance and repair work (as detailed further below in Section 2.11).
SPRINT shall receive its DSL traffic via a tie cable obtained from VERIZON
running from the main distribution frame to the splitter and then from the splitter
to SPRINT's collocation arrangement. Under this Option , VERIZON shall provide
to SPRINT loop and splitter functionality that is compatible with any transmission
technology that SPRINT seeks to deploy using the high frequency portion of the
loop, provided that such transmission technology is presumed to be deployable
pursuant to FCC Rule 51.230.
Option No.3: CLEC Owned Splitter Located in an Area of the Servina Wire
Center Controlled Exclusively bv VERIZON Via Virtual Collocation.VERIZON
shall offer SPRINT an additional option under which it may choose to purchase
and own the splitter and have it located via a virtual collocation arrangement in
an area in the serving wire center to which SPRINT does not have access. In
this scenario, SPRINT shall obtain the splitter functionality on a "shelf at-a-time
basis. VERIZON shall perform all maintenance and repair work. SPRINT shall
receive its DSL traffic via a tie cable obtained from VERIZON, running from the
main distribution frame to the virtually collocated splitter and then from the splitter
to SPRINT's collocation arrangement. VERIZON shall offer SPRINT virtual
collocation under this Option in accordance with the terms of the VERIZON
federal collocation tariff (FCC Tariff No.1), provided, however, that for purposes
118
2.4
of this Agreement, the Parties shall treat the tariff rates applied to the virtual
collocation of a splitter as interim, and subject to true-up, in accordance with the
terms outlined in Section 3.1. During the sixty (60) day period following the
effective date of this Appendix, the Parties agree to cooperate in the negotiation
and development of any terms necessary to implement virtual collocation for line
sharing. Any interim rates established pursuant to such negotiation shall be
subject to true-up in accordance with the terms outlined in Section 3.
Collocation VERIZON will revise collocation applications to include requests for
information regarding line sharing equipment. SPRINT will specify its requirements for
line sharing on the collocation application for that central office. If SPRINT's collocation
application is accepted, VERIZON will make the office ready for line sharing during the
interval applicable to SPRINT's request for collocation. VERIZON shall complete the
installation and provisioning of any tie cable ordered by CLEC in accordance with, and
subject to, the terms of collocation set forth in this Agreement and/or applicable
VERIZON tariffs. VERIZON shall process all SPRINT applications and firm orders for
augmenting its collocation arrangements to use line sharing in accordance with, and
subject to, the terms of collocation set forth in this Agreement and/or applicable
VERIZON tariffs.
Transport VERIZON shall make available to SPRINT interoffice transport to transport its
high frequency traffic between its collocation arrangement in the serving wire center and
its point-of-presence, node, or collocation arrangement in a different wire center in
accordance with , and subject to, the terms of this Agreement and/or applicable VERIZONtariffs.
End-User Premise Eauipment.SPRINT must provide the end-user with , and is
responsible for the installation of, a modem, splitter, filter(s) and/or other equipment
necessary at the end-user premise to receive separate Voice Services and DSL services
across the same loop. SPRINT is also responsible for the installation and maintenance of
such equipment. SPRINT shall determine the necessary customer premises equipment.
Pre-orderina. During pre-ordering, VERIZON shall provide CLEC with nondiscriminatory
access to the Loop Makeup Information required by FCC Rule 51.319(g) including, but
not limited to, the following:
The composition of the available loop material (including without limitation fiber
optics and copper);
The existence, location and type of electronic or other equipment on the loop
(including without limitation DLC or other remote concentration devices
feeder/distribution interfaces, bridged taps , load coils , pair gain devices
repeaters, remote switching units, range extenders, AMI T-1s in the same or
adjacent binder groups, and other potential disturbers);
Loop length , including the segment length and location of each type of
transmission media;
7.4 Loop length by wire gauge; and
The electrical parameters of the loop.
As of the effective date of this Appendix, VERIZON shall provide the above information
via a WEB GUI. As soon as possible, VERIZON shall enable SPRINT to access all Loop
Makeup Information available to itself or to its affiliates contained in any system
251/252 FINAL AGREEMENT 119
database, or record consistent with the requirements set forth in the FCC Rules and
Orders.
Orderina. As of the effective date of this Appendix, VERIZON shall enable SPRINT to
perform all ordering functions via a real-time, electronic interface, as soon as possible
after the interface becomes available. Until such time as a real-time, electronic interface
is made available to SPRINT by VERIZON , VERIZON shall enable SPRINT to order line
sharing, or the conditioning of lines, via a Web GUI. The Parties will cooperate in the
development and deployment of these processes and systems to better facilitate line
sharing.
Provisionina.VERIZON will work cooperatively with SPRINT to prioritize the order and
timeframe in which VERIZON will complete deployment of POTS splitters and other
equipment necessary to provision line sharing in VERIZON's offices where SPRINT is
currently collocated or where collocation is in the process of being provisioned capable of
supporting shared lines. After this Appendix becomes effective, for offices where
SPRINT notifies VERIZON of its intent to deploy line sharing, it must provide a rolling six
(6) month forecast of line sharing orders, which is updated every three (3) months.
These forecasts will be utilized to assist the Parties in the more efficient provisioning of
line sharing, but shall not be binding on either Party. These forecasts will be treated as
confidential information pursuant to the Agreement and shall be used by VERIZON solely
for wholesale capacity planning purposes. As soon as a central office has the splitter
installed, VERIZON will begin accepting orders for lines served by that office. VERIZON
will initially provision line sharing within its current standard DSL retail provisioning
intervals for unconditioned (five (5) business days) and conditioned loops (eleven
(11) business days). The Parties acknowledge that these intervals are subject to change
based on systems mechanization, changes in Applicable Law (including, without
limitation new ass requirements), order volumes and other agreed upon procedures that
better facilitate line sharing, provided, however, that such intervals shall remain at parity
with VERIZON's DSL retail provisioning intervals, as provided in Commission Docket
9710-016 and I. 97-10-017.
Conditionina
. *
CLEC may order conditioning of shared lines, which may involve: (a) the
removal of bridge taps, filter, extenders and load coils; (b) a line and station transfer;
and/or (c) Digital Added Main Line (DAML) (consistent with the provisions of section 2.
of this Agreement). VERIZON will perform loop conditioning if the loop loss for voice
services is less than -0dB. Conditioning will not be provided in circumstances where
such conditioning significantly degrades other advanced services or traditional voice
band services as provided and described in FCC Rules 51.230,51.233 and paragraphs
, 86 and 201-205 of the Line Sharing Order.
Testina. Repair and Maintenance
11.So that SPRINTs have nondiscriminatory access to the loop facility for testing,
repair and maintenance, SPRINT shall have physical and remote test access to
the test head, e.g. the physical loop test access point at the splitter, twenty-four
hours a day, seven days a week. VERIZON shall provide CLECs with
equivalent electronic access to any testing functionality which VERIZON and/or
VERIZON's affiliates utilize to provide DSL services. For example, VERIZON will
provide CLECs remote test access via its Wholesale Internet Service Engine
WISE") website (http://www.gte.com/wise) 4-Telloop testing mechanism.
VERIZON is responsible for all testing of facilities and equipment terminated to
its main distribution frame and SPRINT is responsible for all testing of facilities
located within its collocation space. VERIZON reserves the right to seek access
to SPRINT's collocation space to conduct reasonably necessary testing, repairs
or maintenance when SPRINT owns the splitter, as provided under Option No.
251/252 FINAL AGREEMENT 120
11.
11.
11 .4
251/252 FINAL AGREEMENT
of Section 2.3 above. For line sharing testing purposes (Le., high frequency
spectrum only), SPRINT's point of demarcation will be within the SPRINT's
collocation space.
VERIZON will be responsible for repairing Voice Service and the physical line
between the network interface device at the end-user premise and SPRINT
demarcation point in the central office. SPRINT will be responsible for repairing
its DSL services and any end user related DSL component at the end-user
premise. Each entity will be responsible for maintaining its own equipment. In
response to a trouble ticket opened by SPRINT, VERIZON shall conduct any
necessary repair work for line sharing on a twenty-four-hour-a-day, seven-day-a-
week basis, and shall maintain a mean-time-to-repair interval of twenty-four (24)
hours, applied monthly, on a parity basis with VERIZON'retail repair intervals
, ,
as provided in Commission Docket R. 97-10-016 and I. 97-10-017 VERIZON
responsible for all repair and maintenance of facilities and equipment terminated
to its main distribution frame and SPRINT is responsible for all repair and
maintenance of facilities located within its collocation space. Where VERIZON
owns the splitter and does not provide SPRINT with access to the splitter
VERIZON shall conduct any necessary repair work on the splitter on a twenty-
four-hour-a-day, seven-day-a-week basis, and shall maintain a mean-time-to-
repair interval of twenty-four (24) hours, applied monthly, on a parity basis with
VERIZON's retail repair intervals, as provided in Commission Docket R. 97-10-
016 and I. 97-10-017.. Where SPRINT owns the splitter, SPRINT is responsible
for performing maintenance, repair and testing on the splitter.
VERIZON and SPRINT agree to coordinate in good faith any splitter testing,
repair and maintenance that will significantly impact the service provided by the
other party. VERIZON and SPRINTs will work together to diagnose and resolve
any troubles reported by the end-user and to develop a permanent process for
repair of shared lines. In the interim, VERIZON and SPRINT will work together to
address end-user initiated repair requests and to prevent adverse impacts to the
end-user. Where VERIZON has isolated a trouble with the Voice Service to be in
SPRINT provided equipment, VERIZON shall notify SPRINT and SPRINT will be
required to clear the trouble associated with the VERIZON lifeline voice services.
Where such troubles are not cleared within 3 hours , VERIZON will strap-through
the voice service on the VERIZON main distribution frame, isolating SPRINT
equipment from the VERIZON loop facility. This strap-through arrangement shall
be limited in duration to the time necessary to repair the trouble. SPRINT is
responsible for informing VERIZON of any life line data services (e.g. heart
monitor), which may be being provided over the high frequency portion of the
loop, that would preclude any such strap-through activity by VERIZON.
VERIZON shall not consider installation of line-sharing to be complete until
SPRINT has affirmatively accepted the installation. VERIZON shall test the high
frequency portion of the loop for copper continuity and for pair balance prior to
completing the installation. Once VERIZON completes such testing and obtains
passing results, VERIZON shall inform CLEC that VERIZON believes the
installation has been properly performed. At this point, SPRINT shall either
accept the line without conducting its own testing, or shall conduct its own test of
the line shared loop. If CLEC conducts its own testing and the results
demonstrate that the line-shared loop is capable of being used to provide DSL
services, CLEC shall accept the line-shared loop from VERIZON. If CLEC
conducts its own testing and the results demonstrate that the line-shared loop is
not capable of being used to provide DSL services, CLEC may refuse to accept
121
the line, and may instead open a trouble ticket. Such a trouble ticket shall not
placed in the general population of maintenance and repair trouble tickets, but
rather shall remain an installation problem. Until the problem is resolved to the
satisfaction of the Parties, the installation will be deemed by the parties to be an
incomplete, failed installation.
End-Users with Buralar Alarm Systems. The Parties acknowledge that the high
frequencies associated with DSL can cause interference with some burglar alarm
systems, resulting in false alarms, or in some instances, impair the alarm system to the
point that it becomes inoperative. To mitigate these issues, for DSL customers with
burglar alarm systems, VERIZON generally takes the following preventive actions: (a)
where the burglar alarm system interfaces the inside wiring of the customer premise via
an RJ11 jack, VERIZON places a micro-filter between the burglar alarm dial-up unit and
the inside wiring; and (b) where the burglar alarm system is "hard-wired" to the inside
wiring at the customer premises, VERIZON places a splitter to isolate the high frequency
data signals from the burglar alarm system dial-up unit. When SPRINT provides line
sharing services to an end-user, SPRINT shall be required to inquire and to determine
whether the end-user customer has a burglar alarm system. For customers with burglar
alarm systems, SPRINT is responsible for taking the necessary preventive actions to
ensure that the end-user s burglar alarm system remains operative and the high
frequencies associated with line sharing services do not interfere with its operation.
DAML Removal.Upon SPRINT request, VERIZON shall be required to remove a Digital
Added Main Line ("DAML") when the DAML is used to serve a single end-user and that
end-user agrees to the removal. SPRINT shall be obligated to obtain consent from the
end-user prior to requesting such DAML removal. Said consent shall evidence that the
end-user knowingly and voluntarily agrees to the discontinuation of any and all services
associated with the additional lines which shall be terminated as a result of such DAML
removal. SPRINT is only obligated to obtain said consent so long as VERIZON obtains
the same consent for its own end-users.
Financial Matters.
Interim Pricina. The rates and charges for line sharing services provided pursuant to this
Agreement are set forth on Exhibit 2 . Notwithstanding anything in this Agreement to the
contrary, these rates and charges are interim pending the outcome of the Commission
rate proceeding regarding line sharing in the OANAD proceeding. VERIZON asserts that
VERIZON's interim pricing proposal does not reflect all the costs associated with line
sharing for all configurations (e., the costs associated with collaborative testing, costs
associated with aSS-related implementation costs, DAML removal, etc.
).
VERIZON will
present these costs and seek recovery for them (including a retroactive true-up) in the
OANAD line sharing phase. To the extent that the OANAD line sharing rates for
VERIZON (the "OANAD Line Sharing Rates ), or the terms and conditions for application
of the OANAD Line Sharing Rates, are different than specified in this Section, the
OANAD Rates will be applied prospectively pending the issuance of a final, binding and
non-appealable order. Upon the issuance of such an order, the OANAD Rates will be
applied retroactively to the effective date of this Agreement. The Parties will true up any
resulting over or under billing. Any underpayment shall be paid, and any overpayment
shall be refunded, within forty-five (45) business days after the date on which the OANAD '
Line Sharing Rate order becomes final , binding and non-appealable. Such true-up
Collocation is a prerequisite to line sharing. SPRINT must first collocate digital subscriber line access multiplexer
(DSLAM) equipment and splitters (under Option No.1 described in Section 2.3) in VERIZON's central office and order applicable tie
cables in connection therewith. The applicable conditions, rates, and charges for satisfying these collocation requirements are
contained within the collocation provisions of the Agreement and are separate from the interim line sharing rates and charges
proposed herein.
251/252 FINAL AGREEMENT 122
payments, if any, shall also include interest computed at the prime rate of the Bank of
America, NA in effect at the date of said order. VERIZON shall establish the
memorandum accounts required by the ALJ Ruling.
Nonwaiver.The Parties do not waive, and hereby expressly reserve, their rights to assert
or continue to assert that certain of the rates, charges or terms established in OANAD or
any other proceeding (including, without limitation, the OANAD Line Sharing Rates) are
unlawful, illegal and improper. The Parties further expressly reserve their past, present
and future rights to challenge and seek review of any and all such rates, charges or terms
in any court or commission of competent jurisdiction or other available forum. Such
terms, rates or charges are further subject to change and/or modification resulting from
future orders or decisions of any commission, court or other governmental authority
having competent jurisdiction that address the following: (a) VERIZON's costs (e.
actual costs, contribution, undepreciated reserve deficiency, or similar VERIZON costs
(including VERIZON's interim universal service support charge)); (b) the establishment of
a competitively neutral universal service system; (c) any and all actions seeking to
invalidate, stay, vacate or otherwise modify any FCC order in effect as of the effective
date, or during the term, of this Agreement which impact such terms, rates and/or
charges, including, without limitation, the matters described in Section 1.4; or (d) any
other relevant appeal or litigation. If any such rates, charges and/or terms are adjusted
or otherwise modified, in whole or in part, in the OANAD proceeding or in any other
proceeding, then this Agreement shall be deemed to have been automatically amended,
and such amendment shall be effective upon the date of the applicable order. Such
adjusted or modified rates and charges will be applied prospectively pending the
issuance of a final , binding and non-appealable order in the subject proceeding. At such
time as the applicable order becomes final, binding and non-appealable, the adjusted or
modified rates and charges established therein shall be applied retroactively to the
effective date of the amendment to this Agreement regarding line sharing. The Parties
will true-up any resulting over or under billing in accordance with the requirements of
Section 3.1. The Parties agree that the provisions of this Section shall survive the
termination, rescission , modification or expiration of this Agreement without limit as to
time. The Parties acknowledges that either Party may seek to enforce the provisions of
this Section before a commission or court of competent jurisdiction.
Loop Costs . In developing its interim prices set forth in Section 3., VERIZON did not
include any direct loop costs. VERIZON's pricing methodology, however, is premised on
the assumption that VERIZON will be afforded an opportunity to recover all its actual
costs -- including the total actual cost of the loop -- in prices for services and in explicit
. universal service support. If VERIZON cannot recover all its costs, then VERIZONl
pricing methodology must change and VERIZON reserves the right to require such a
change. Also, VERIZON does not agree with the FCCls UNE pricing rules, which do not
allow prices to be based on an ILECls actual costs or opportunity costs. The Court of
Appeals for the Eighth Circuit is considering the substantive validity of the FCCls pricing
rules, and VERIZON reserves its right to change its prices if the court stays, vacates, or
modifies the FCCls rules.
3.4 Billina . Billing for line sharing will be handled via the VERIZON CBSS system , consistent
with the billing for UNE loops.
Collocation is a prerequisite to line sharing. SPRINT must first collocate digital
subscriber line access multiplexer (DSLAM) equipment and splitters (under Option No.
described in Section 2.3) in VERIZON's central office and order applicable tie cables in
connection therewith. The applicable conditions, rates, and charges for satisfying these
collocation requirements are contained within the collocation provisions of the Agreement
and are separate from the interim line sharing rates and charges proposed herein.
251/252 FINAL AGREEMENT 123
251/252 FINAL AGREEMENT 124
Alam itos
Apple Valley
Banning
Bellflower
Bundy 8m
Camarillo
Claremont
Covina
Del Rey
Glendora
Hesperia
La Puente
Lancaster
Long Beach Main
Maplegrove
Montecito
Newbury Park
Ontario Main
Palm Springs East
Pico
Redlands
Rowland
Santa Barbara
Santa Ynez
Slater
Sunset
University
Valley View
Warner
Westwood
VERIZON CENTRAL OFFICE INITIAL SPLITTER DEPLOYMENT
California
Aliso
Artesia
Alondra
Baldwin Park
Beaumont Bel Air
BradleyBlossom Hill
Bushard Calimesa
ChinoCarpinteria
Clark Conejo
Del Amo
Gilroy
Granada Hills
Cucamonga
EI Nido
Goleta
Huntington Beach
La Verne
La Habra
Laguna Beach
Lompoc
Manteca
Las Positas
Manhattan
Mar Vista
Morgan Hill
Norwalk
Montebello
Murrieta
Novato
Palm DesertPacific Palisades
Palos Verdes Perris
Rancho MiragePomona
Redondo Rolling Hills
San DimasSan Bernardino
Santa Maria Santa Monica
Sierra MadreSepulveda
Stadium Sun City
Thousand Oaks
Uptown
Walnut
Termino
Upland
Victorville
West Los Angeles
Whittier South
Westminster
Yucaipa
251/252 FINAL AGREEMENT 125
Exhibit 1
GTE CALIFORNIA INCORPORATED
EXHIBIT 2-LlNE SHARING PRICING
Line Sharing Element
Monthly Recurring Charges (MRC
Loop - Copper
Splitter
Collocation - Cross Connect (collocation area to MDF)
Conditioning (if requested)
00 a
00 k
*** c
50 d
00 a
*** c
50 d
Non-Recurring Charges (NRC
Service Orde
Initial (Manual)
Add'i (Manual)
53.53.
3.47 3.47
26.26.
3.47 3.47
Initial (Semi-Mech)
Add'i (Semi-Mech)
Provisioning
Jumper Activity - Initial
Jumper Activity - Add'
31.28
21.15 m
27.67 i
17.
Final Arbitrator s Report, 6.22.
Splitter charge not applicable. CLEC owns and maintains splitter in own collocation area.
Prices for cross connect services are governed by the **CLEC's interconnection agreement with GTE. This is
line sharing item , but according to Final Arbitrator s Report, will be subject to true-up. Two cross-connects are
required for the GLEe-owned splitter configuration. One cross-connect is required for the ILEC-owned splitter
configuration.
Source:Final Arbitrator s Report, 6.28. Also, GTE Tariff FCC No.1 (39th revised p.179).
GTE proposed charge of $107.07 x 50% reduction from Final Arbitrator s Report, 6.27. Initial charge applicabl
initial line ordered for each end user.
GTE proposed charge of $6.94 x 50% reduction from Final Arbitrators Report, 6.27. Additional charge applie~
each additional line ordered for same end user at same location at same time.
GTE proposed charge of $53.71 x 50% reduction from Final Arbitrator s Report, 6.27. Initial charge applicable
initial line ordered for each end user.
GTE proposed charge of $6.94 x 50% reduction from Final Arbitrator s Report, 6.27. Additional charge applie
each additional line ordered for same end user at same location at same time.Final Arbitrator s Report, 6.25. Two jumpers placed and one removed on initial install. Two jumpers disconnel
and one placed upon disconnect. Applicable to initial line ordered for each end user.
Final Arbitrator s Report, 6.25. Two jumpers placed and one removed on initial install. Two jumpers
disconnected and one placed upon disconnect. Applicable to each additional line ordered for same end user
same location at same time.
Final Arbitrators Report, 6.30.
Final Arbitrators Report, 6.25. Three jumpers placed and one removed on initial install. Three jumpers
disconnected and one placed upon disconnect. Applicable to initial line ordered for each end user.
Final Arbitrators Report, 6.25. Three jumpers placed and one removed on initial install. Three jumpers
disconnected and one placed upon disconnect. Applicable to each additional line ordered for same end user
same location at same time.
251/252 FINAL AGREEMENT 126
" ,.
251/252 FINAL AGREEMENT 127
COLLOCATION ATTACHMENT
Collocation services will be provided by VERIZON pursuant to Schedule CAL. P.C. No. K-9, as
provided by in pending Advice Letter number 9286 and any Supplements to that Advice Letter. The
Parties agree to true up to the VERIZON Collocation rates approved by the California PUC in the cause
of the aforementioned Advice Letter.
251/252 FINAL AGREEMENT 128
FIRST AMENDMENT TO
INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
VERIZO N CALIFORNIA, INC. F!KI A GTE CALIFORNIA IN CO RPO RATED
AND
SPRINT COMMUNICATIONS COMPANY L.
THIS FIRST AMENDMENT to Interconnection, Resale and Unbundling Agreement
(the "Agreement") which became effective March 29, 2001 , is by and between VERIZON
CALIFORNIA, INC. F/K/ A GTE CALIFORNIA INCORPORATED (Verizon) and SPRINT
COMMUNICATIONS COMPANY L.P. (Sprint), Verizon and Sprint being referred to
collectively as the "Parties" and individually as a "Party . This First Amendment covers
services in the state of California (the "State
WHEREAS, the Agreement, was approved by the Commission s Order dated April 9
2001 in Docket No. D.01-03-044 (Agreement); and
WHEREAS, subsequent to the approval of the Agreement, Verizon notified Sprint that it
desired to amend the Agreement; and
WHEREAS, pursuant to Section 252(a)(1) of the Act, the Parties wish to amend the
Agreement; and
NOW, THEREFORE, in consideration of the mutual promises, provisions and
covenants herein contained, the sufficiency of which is hereby acknowledged, the Parties agree
as follows:
1. The Parties agree that the terms and conditions set forth on page 47 of the Interconnection
Attachment attached hereto shall replace the original page 47 of the Interconnection Attachment
and will govern those provisions of Interconnection services.
2. Conflict between this Amendment and the Interconnection Aareement.This Amendment shall
be deemed to revise the terms and provisions of the Interconnection Agreement to the extent
necessary to give effect to the terms and provisions of this Amendment. In the event of a conflict
between the terms and provisions of this Amendment and the terms and provisions of the
Interconnection Agreement, this Amendment shall govern provided, however that the fact that a
term or provision appears in this Amendment but not in the Interconnection Agreement, or in the
251/252 FINAL AGREEMENT
Interconnection Agreement but not in this Amendment, shall not be interpreted as, or deemed
grounds for finding, a conflict for purposes of this Section 2
3. Counterparts. This Amendment may be executed in one or more counterparts, each of which
when so executed and delivered shall be an original and all of which together shall constitute one
and the same instrument.
4. Captions. The Parties acknowledge that the captions in this Amendment have been inserted
solely for convenience of reference and in no way define or limit the scope or substance of any
term or provision of this Amendment.
5. Scope of this Amendment.This Amendment shall amend, modify and revise the
Interconnection Agreement only to the extent set forth expressly in Section 1 of this
Amendment, and, except to the extent set forth in Section 1 of this Amendment, the terms
and provisions of the Interconnection Agreement shall remain in full force and effect
after the date first set forth above.
IN WITNESS WHEREOF, each Party has executed this First Amendment and it shall
be effective upon execution by both Parties.
VERIZO N CALIFORNIA, INC.SPRINT COMMUNICATIONS
COMPANY L.
By:By:
Name: Steven J. Pitterle Name:
Title: Director - Local Competition Title:
Date:Date:
* Verizon has agreed to allow this Amendment to become effective upon execution in order to permit
Sprint to proceed with implementation of its competitive business strategies and plans prior to the
approval of the Amendment by the Commission. Notwithstanding the possible rejection or modification of
this Agreement by the Commission, the Parties agree that all of their obligations and duties hereunder
shall remain in full force and effect pending the final disposition of the Commission review and approval
process.
251/252 FINAL AGREEMENT
protocol must be based on industry standards developed consistent with Section 256 of
the Act.
Subject to mutual agreement, the Parties may use the following types of network facility
interconnection, using such interface media as are (i) appropriate to support the type of
interconnection requested and (ii) available at the facility at which interconnection is
requested. However, if the appropriate interface is not available at the facility at which
the interconnection is requested, the Parties shall mutually agree to establish a timetable
for provision of the requested interconnection.
A Mid-Span Fiber Meet within an existing VERIZON exchange area
whereby the Parties mutually agree to jointly plan and engineer their
facility interconnection at a designated location. The Interconnection
Point (IP) is the demarcation between ownership of the fiber
transmission facility. Each Party is individually responsible for its
incurred costs in establishing this arrangement.
2 A collocation arrangement at a VERIZON Wire Center subject to the
rates, terms, and conditions contained in VERIZON's applicable tariffs
except as provided in the Collocation Attachment.
3 A special access arrangement terminating at a VERIZON Wire Center.
The Parties will mutually designate at least one IP on VERIZON'S network within
each LATA for the exchange of Local Traffic. As specified in section 2.4.2 of
this Attachment, Sprint may establish additional routing point(s) through the
establishment of trunk groups provisioned over dedicated facilities between the
IP and additional VERIZON switches.
2.4 Trunking Requirements.
In accordance with Article I , Section 3.4, it will be necessary for the Parties to have met
and agreed on trunking availability and requirements in order for the Parties to begin
exchange of traffic.
2.4.
251/252 FINAL AGREEMENT
Switching Center Trunking. The Parties agree to establish trunk groups of
sufficient capacity from the interconnecting facilities such that trunking is
available to any switching center designated by either Party, including end
offices, tandems, 911 routing switches, and directory assistance/operator service
switches. The Parties will mutually agree where one-way or two-way trunking will
be available. The Parties may use two-way trunks for delivery of Local Traffic or
either Party may elect to provision its own one-way trunks for delivery of Local
Traffic to the other Party. If a Party elects to provision its own one-way trunks,
that Party will be responsible for its own expenses associated with the trunks.
SPRINT and VERIZON shall, where applicable, make reciprocally
available, by mutual agreement, the required trunk groups to handle
different traffic types. SPRINT and VERIZON will support the provisioning
of trunk groups that carry combined or separate Local Traffic, intraLA T A
toll and optional EAS traffic. Sprint will establish separate trunk groups, to
the extent Sprint subtends a VERIZON access tandem, for the routing of
exchange access traffic used to provide Switched Access Service to IXCs.
To the extent SPRINT desires to have any IXCs originate or terminate
switched access traffic to or from SPRINT, using jointly provided switched
access facilities routed through a VERIZON access