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Home My WebLink About20050629Application.pdf;lECEIVED ill i~"lLED (~J lttJ 'ft ""10:1'Uud . f\ " "'. .j-\ . .' ' ,TIt ~~ rOr1MlSS1OnU\ II- OJ v rl7o" 17933 N.W. Evergreen Pkwy P.O. Box 1100 Beaverton, OR 97076 June 29, 2005 2- AI ---(--oS- Ms. Jean Jewell, Secretary Idaho Public Utilities Commission O. Box 83720 Boise, Idaho 83720-0074 Re: Interconnection Agreement between Verizon Northwest Inc. and Trans National Communications International, Inc. Dear Ms. Jewell: Enclosed for filing is an original and one copy of an Agreement between Verizon Northwest Inc. and Trans National Communications International, Inc. Please call me at 503/645-7909, if you have any questions. Renee M. Willer Senior Staff Consultant Enclosures AGREEMENT by and between """ ' f", 11'\ '. lY'L;'Lt F~tLED """'1 ,,_..,. tll~ j'DrtZ' IM.tO:- tt~/ ~\O PUBl~G .. ""'' ,. U T lLVT1~ S COM t1'tSSlOt~ and TRANS NATIONAL COMMUNICATIONS INTERNATIONAL, INC. VERIZON NORTHWEST INC. FOR THE STATE OF IDAHO TNCI 10 Comp v2.7h.doc TABLE OF CONTENTS AGREEMENT.... ............. ...... ............ ...... .......................... .......... ....... """"""""""""""" ...... The Agreement ................. ............... ............... .................. ..................... ............ Term and Termination......................... .......... .............. ..................... "0""""""" 2 Glossary and Attachments...... ........ ................... ................ ............................... Applicable Law................... ................. ...... ...................... .... .............................. Assignment.... .......... ................. ..... .................... .... ........ ....... ............ ........... ..... Assurance of Payment......................... .......... .......... ......................................... 4 Audits.... ........... ............. ......... ...... ...... ....... .............. ....... ................................... Authorization............ .................................... .... ......... .......... ....... ....................... Billing and Payment; Disputed Amounts... ....................... ........................ ......... 6 10.Confidentiality. ..................... ........... .................. ........... .............................. ....... 11.Counterparts ...................... ........................... ............ ................... ..................... 12.Default ...... ................ ................ ...................................... ............ ....................... 13.Discontinuance of Service by TNCI .......... .................. ..... ......... ....... ......... ......... 14.Dispute Resolution. .......... ....... ................................. ............... .......................... 9 15.Force Majeure........ .............................. ..... .......... ............................................... 16.Forecasts......................................................................................................... 17.Fraud ............................................................................................................... 18.Good Faith Performance ................................................................................. 19.Headings .......... ................................... ..................... ............. .......................... 20.Indemnification................................................................................................ 21.Insurance ........... ........................................... ............ .......... ................. ..... ....... 22.Intellectual Property....... .... .......... .......... ......................................... ................ 23.Joint Work Product.......... .................. ............ ............ ....... .......... ........... .......... 14 24.Law Enforcement.............. ................. .............. ...................................... .......... 14 25.Liability............................................................................................................ TNCIIO Comp v2.7h.doc 26.Network Management...................................................................................... 27.Non-Exclusive Remedies..................... ............................................................ 28.Notice of Network Changes............................................................................. 29.Notices ............................................................................................................ 30.Ordering and Maintenance .............................................................................. 31.Performance Standards................................................................................... 32.Point of Contact for TNCI Customers .............................................................. 33.Predecessor Agreements ............. ....... ...... ........ .......... ............. .......... ............. 19 34.Publicity and Use of Trademarks or Service Marks ......................................... 35.References ...................................................................................................... 36.Relationship of the Parties .............................................................................. 20 37.Reservation of Rights.... ....... .............. ............................ ............... .................. 38.Subcontractors....... ............ ..... .... ............... ............ ........ .......... ........... .... ........ 39.Successors and Assigns........ .......... ................. ............. ................................. 40.Survival.. .......... .................... ........ .............. ............ ............................ ............. 41.Taxes..................................................... ......................................................... 42.Technology Upgrades.. ................ ........... ......................... ............... ................ 43.Territory .......... ....... ................. ... .......... ..... ........................ ....... ... ...... ..... .......... 44.Third Party Beneficiaries........... ......... ..... ........... ................. ............................ 45.251 and 271 Requirements .............................................................................. 24 46.252(i) Obligations.. ............... ............ .................. ..... ............ ............... ............. 47.Use of Service ........................ ..... ............. ..... ...................... .... ........................ 48.Waiver ... ........... ................. ...... ......... ......... ....... ....... .......... .............................. 49.Warranties.. ........ ........ ....... ........ ............... .......... .... ..... .... ....... ........ ......... ........ 50.Withdrawal of Services....... ....... ............................ ........... ............. .... .......... .... SIGNATURE PAGE.............................................................................................................. GLOSSARY ......................................................................................................................... General Rule.... ....................... ......... .................. ............................ ...... ............ TNCJ 10 Comp v2.7h.doc Definitions ....................................................................................................... ADDITIONAL SERVICES ATTACHMENT.... ..... ........... .......... ........... ............................... ..... Alternate Billed Calls....................................................................................... Dialing Parity - Section 251 (b)(3) ..................................................................... Directory Assistance (DA) and Operator Services (OS)................................... Directory Listing and Directory Distribution .................................................... Voice Information Service Traffic .................................................................... Intercept and Referral Announcements ............................ ............... ................ 44 Originating Line Number Screening (OLNS).................................................... 44 Operations Support Systems (OSS) Services.................................................. 45 Poles, Ducts, Conduits and Rights-of-Way............... ................... .................... 10.Telephone Numbers........................................................................................ 11.Routing for Operator Services and Directory Assistance Traffic..................... 12.Good Faith Performance................................................................................. INTERCONNECTION ATTACHMENT ......... ..... ....................... ........... ............... ....... .... ......... GeneraL................................................. ......................................................... Points of Interconnection and Trunk Types..................................................... 53 Alternative Interconnection Arrange ments............ ..................... ............... ...... Initiating Interconnection................................................................................. Transmission and Routing of Telephone Exchange Service Traffic................ 58 Traffic Measurement and Billing over Interconnection Trunks........................ 59 Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act ...... ............. ..... ..... .... .............. ...... .................. .......................... .................. Other Types of Traffic...................................................................................... 62 Transmission and Routing of Exchange Access Traffic.................................. 62 10.Meet-Point Billing Arrangements............ ........ ........ ............ ....... ........ .............. 63 11.Toll Free Service Access Code (e., 800/888/877) Traffic ............................... 66 12.Tandem Transit Traffic .................................................................................... 67 TNCIIO Comp v2.7h.doc iii 13.Number Resources, Rate Center Areas and Routing Points............................ 68 14.Joint Network Implementation and Grooming Process; and Installation Maintenance, Testing and Repair .................................................................... 15.Number Portability - Section 251(B)(2) ............................................................ 16.Good Faith Performance .. .. ......... .... ................. ..... ......... ..... ....... ........ ..... ........ 74 17.Transport and Termination of Indirect Interconnection Traffic........................ RESALE ATTACHMENT ........... ..... ...... .................... ....... ........... ................... ........... ....... ..... 76 General.................................................. ......................................................... Use of Verizon Telecommunications Services ................................................ 76 Availability of Verizon Telecommunications Services..................................... 77 Responsibility for Charge s. ................ ......... ..... ........ ....... .................... ............ 77 Operations Matters................. ................. ..... .............. .................. ................... 78 Rates and Charges...... ........................ ....... ...... ............ ..... ............. ................. 78 Good Faith Performance ................................................................................. 79 NETWORK ELEMENTS ATTACHMENT ..... .................... ............ .......... ................. ...... ......... General............................................................................................................ Verizon s Provision of Network Elements........................................................ Loop Transmission Types....... ......... ....... ..... .......... ........... ............... ............... Line Sharing. ......................... ................... ........... ...... ...................... ......... ....... Line Splitting.................. .......... ..... ..... ................... ............. ................... .......... Sub-Loop ......................................................................................................... Inside Wire.. ............... ..... ....... ............. .......... ....... ...... ....... ................ ..... ........ 101 Dark Fiber...................................................................................................... 102 Network Interface Device........ .......... ............ ..... ....... .......... ............ ........ ....... 108 10.Unbundled Switching Elements........ ............................. ................ ................ 109 11.Unbundled Interoffice Facilities..................................................................... 110 12.Signaling Networks and Call-Related Databases........................................... 111 13.Operations Support Systems.... ..................... ............. .......................... ........ 112 TNCI 10 Comp v2.7h.doc 14.Availability of Other Network Elements on an Unbundled Basis................... 113 15.Maintenance of Network Elements ................................................................ 114 16.Combinations.. .............. ............... .......... ..... ....... ............................ ............... 114 17.Rates and Charges........... .................. ..................... .......... ..................... ....... 114 18.Good Faith Performance ............................................................................... 115 COLLOCATION ATTACHMENT... ......... ............... ................. .............. ............... ................ 116 Verizon s Provision of Collocation ........................... .......... ...... .............. ....... 116 911 ATTACHMENT.......................... ..... ................................... ............ .............................. 162 911/E-911 Arrangements ............................................................................... 162 Electronic Interface ... ......................... ..................... ............................ .......... 162 911 Interconnection """"""""""""""""""""""""""'0"""""""""""""....... 163 911 Facilities...................... .......... ..................... ............... .............................. 163 Local Number Portability for use with 911..................................................... 163 PSAP Coordination... .... ...................... ....... ......... ................. ...................... .... 163 911 Compensation .......... ........ ............. ................... ......... .............................. 163 911 Rules and Regulations............................................................................ 163 Good Faith Performance.. ........... ........................................... ......... .............. 163 PRICING ATTACHMENT....... .......... ....... ........ ............... .......................... ..................... ...... 165 General.......................................................................................................... 165 Verizon Telecommunications Services Provided to TNCI for Resale Pursuant to the Resale Attachment .............................................................................. 165 TNCI Prices.. ......... ............ ................................ ......... ........ .................. ...... .... 167 Section 271 ......... ........ ........................................ .... .......... ........ ............. ........ 167 Regu latory Review of Prices.......................................................................... 168 APPENDIX A TO THE PRICING ATTACHMENT ................................................................. 169 TNCIIO Comp v2.7h.doc AGREEMENT PREFACE This Agreement , including Amendment No.1 (TRO Amendment) hereto ("Agreement") shall be deemed effective as of June 7, 2005 (the "Effective Date ), between Trans National Communications International, Inc. ("TNCI"), a corporation organized under the laws of the State of Delaware, with offices at 2 Charlesgate West, Boston, MA 02215 and Verizon Northwest Inc. Verizon ), a corporation organized under the laws of the State of Washington with offices at 1800 41st Street, Everett, WA 98201 (Verizon and TNCI may be referred to hereinafter, each individually as a "Party , and, collectively, as the "Parties GENERAL TERMS AND CONDITIONS In consideration of the mutual promises contained in this Agreement, and intending to be legally bound , pursuant to Section 252 of the Act, Verizonand TNCI hereby agree as follows: The Agreement This Agreement includes: (a) the Principal Document (which shall be deemed to include Amendment No.1 (TRO Amendment) hereto); (b) the Tariffs of each Party applicable to the Services that are offered for sale by it in the Principal Document (which Tariffs are incorporated into and made a part of this Agreement by reference); and, (c) an Order by a Party that has been accepted by the other Party. Except as otherwise expressly provided in the Principal Document (including, but not limited to , the Pricing Attachment), conflicts among provisions in the Principal Document, Tariffs, and an Order by a Party that has been accepted by the other Party, shall be resolved in accordance with the following order of precedence where the document identified in subsection "(a)" shall have the highest precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a Party that has been accepted by the other Party. The fact that a provision appears in the Principal Document but not in a Tariff, or in a Tariff but not in the Principal Document, shall not be interpreted as, or deemed grounds for finding, a conflict for the purposes of this Section 1. This Agreement constitutes the entire agreement between the Parties on the subject matter hereof, and supersedes any prior or contemporaneous agreement, understanding, or representation , on the subject matter hereof provided, however, notwithstanding any other provision of this Agreement or otherwise, this Agreement is an amendment, extension and restatement of the Parties' prior interconnection and resale agreement(s), if any, and , as such , this Agreement is not intended to be , nor shall it be construed to create, a novation or accord and satisfaction with respect to any prior interconnection or resale agreements and, accordingly, all monetary obligations of the Parties to one another under any prior interconnection or resale agreements shall remain in full force and effect and shall constitute monetary obligations of the Parties under this Agreement (provided, however, that nothing contained in this Agreement shall convert any claim or debt that would otherwise constitute a prepetition claim or debt in a bankruptcy case into a postpetition claim or debt). In connection with the foregoing, Verizon expressly reserves all of its rights under the Bankruptcy Code and Applicable Law to seek or oppose any relief in respect of the assumption , assumption and assignment, or rejection of any interconnection or resale agreements between Verizon and TNCI. TNCIIO Comp v2.7h.doc Except as otherwise provisioned in the Principal Document, the Principal Document may not be waived or modified except by a written document that is signed by the Parties. Subject to the requirements of Applicable Law, a Party shall have the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent of, or notice to, the other Party. Term and Termination This Agreement shall be effective as of the Effective Date and , unless cancelled or terminated earlier in accordance with the terms hereof, shall continue in effect until June 6, 2007 (the "Initial Term ). Thereafter, this Agreement shall continue in force and effect unless and until cancelled or terminated as provided in this Agreement. Either TNCI or Verizon may terminate this Agreement effective upon the expiration of the Initial Term or effective upon any date after expiration of the Initial Term by providing written notice of termination at least ninety (90) days in advance of the date of termination. If either TNCI or Verizon provides notice of termination pursuant to Section 2. and on or before the proposed date of termination either TNCI or Verizon has requested negotiation of a new interconnection agreement, unless this Agreement is cancelled or terminated earlier in accordance with the terms hereof (including, but not limited to, pursuant to Section 12), this Agreement shall remain in effect until the earlier of: (a) the effective date of a new interconnection agreement between TNCI and Verizon; or, (b) the date one (1) year after the proposed date of termination. 2.4 If either TNCI or Verizon provides notice of termination pursuant to Section 2. and by 11 :59 PM Eastern Time on the proposed date of termination neither TNCI nor Verizon has requested negotiation of a new interconnection agreement, (a) this Agreement will terminate at 11 :59 PM Eastern Time on the proposed date of termination, and (b) the Services being provided under this Agreement at the time of termination will be terminated, except to the extent that the Purchasing Party has requested that such Services continue to be provided pursuant to an applicable Tariff or Statement of Generally Available Terms (SGA T). Glossary and Attachments The Glossary and the following Attachments are a part of this Agreement: Additional Services Attachment Interconnection Attachment Resale Attachment Network Elements Attachment Collocation Attachment 911 Attachment Pricing Attachment Applicable Law The construction, interpretation and performance of this Agreement shall be governed by (a) the laws of the United States of America and (b) the laws of the TNCIIO Comp v2.7h.doc 4.4 State of Idaho, without regard to its conflicts of laws rules. All disputes relating to this Agreement shall be resolved through the application of such laws. Each Party shall remain in compliance with Applicable Law in the course of performing this Agreement. Neither Party shall be liable for any delay or failure in performance by it that results from requirements of Applicable Law, or acts or failures to act of any governmental entity or official. Each Party shall promptly notify the other Party in writing of any governmental action that limits, suspends, cancels, withdraws, or otherwise materially affects the notifying Party s ability to perform its obligations under this Agreement. If any provision of this Agreement shall be invalid or unenforceable under Applicable Law, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be construed as if it did not contain such invalid or unenforceable provision; provided, that if the invalid or unenforceable provision is a material provision of this Agreement, or the invalidity or unenforceability materially affects the rights or obligations of a Party hereunder or the ability of a Party to perform any material provision of this Agreement, the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in order to make such mutually acceptable revisions to this Agreement as may be required in order to conform the Agreement to Applicable Law. If any legislative, regulatory, judicial or other governmental decision , order determination or action, or any change in Applicable Law, materially affects any material provision of this Agreement, the rights or obligations of a Party hereunder, or the ability of a Party to perform any material provision of this Agreement, the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in order to make such mutually acceptable revisions to this Agreement as may be required in order to conform the Agreement to Applicable Law. If within thirty (30) days of the effective date of such decision determination, action or change, the Parties are unable to agree in writing upon mutually acceptable revisions to this Agreement, either Party may pursue any remedies available to it under this Agreement, at law, in equity, or otherwise including, but not limited to, instituting an appropriate proceeding before the Commission , the FCC, or a court of competent jurisdiction, without first pursuing dispute resolution in accordance with Section 14 of this Agreement. Notwithstanding anything in this Agreement to the contrary, if, as a result of any legislative, judicial, regulatory or other governmental decision, order determination or action, or any change in Applicable Law, Verizon is not required by Applicable Law to provide any Service, payment or benefit, otherwise required to be provided to TNCI hereunder, then Verizon may discontinue the provision of any such Service , payment or benefit, and TNCI shall reimburse Verizon for any payment previously made by Verizon to TNCI that was not required by Applicable Law. Verizon will provide thirty (30) days prior written notice to TNCI of any such discontinuance of a Service, unless a different notice period or different conditions are specified in this Agreement (including, but not limited to, in an applicable Tariff) or Applicable Law for termination of such Service in which event such specified period and/or conditions shall apply. Assignment TNCIIO Comp v2.7h.doc Neither Party may assign this Agreement or any right or interest under this Agreement nor delegate any obligation under this Agreement, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempted assignment or delegation in violation of this Section 5 shall be void and ineffective and constitute default of this Agreement. Assurance of Payment Upon request by Verizon , TNCI shall , at any time and from time to time, provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder. Assurance of payment of charges may be requested by Verizon if TNCI (a) prior to the Effective Date, has failed to timely pay a bill rendered to TNCI by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to TNCI by Verizon or its Affiliates, (c) in Verizon s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as such debts become due has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization , winding-up, composition or adjustment of debts or the like , has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding. Unless otherwise agreed by the Parties, the assurance of payment shall consist of an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited , both recurring and non-recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to TNCI in connection with this Agreement. If TNCI meets the condition in subsection 6.2(d) above or has failed to timely pay two or more bills rendered by Verizon or a Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option , demand (and TNCI shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon , with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter. 6.4 (Intentionally Left Blank). (Intentionally Left Blank). Verizon may (but is not obligated to) draw on the letter of credit upon notice to TNCI in respect of any amounts to be paid by TNCI hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. If Verizon draws on the letter of credit, upon request by Verizon, TNCI shall provide a replacement or supplemental letter of credit conforming to the requirements of Section 6. Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section then Verizon shall have no obligation thereafter to perform under this Agreement until such time as TNCI has provided Verizon with such assurance of payment. TNCIIO Comp v2.7h.doc Audits The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve TNCI from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement. Except as may be otherwise specifically provided in this Agreement, either Party Auditing Party ) may audit the other Party s ("Audited Party ) books, records documents, facilities and systems for the purpose of evaluating the accuracy of the Audited Party s bills. Such audits may be performed once in each Calendar Year; provided, however, that audits may be conducted more frequently (but no more frequently than once in each Calendar Quarter) if the immediately preceding audit found previously uncorrected net inaccuracies in billing in favor of the Audited Party having an aggregate value of at least $1 000 000. The audit shall be performed by independent certified public accountants selected and paid by the Auditing Party. The accountants shall be reasonably acceptable to the Audited Party. Prior to commencing the audit, the accountants shall execute an agreement with the Audited Party in a form reasonably acceptable to the Audited Party that protects the confidentiality of the information disclosed by the Audited Party to the accountants. The audit shall take place at a time and place agreed upon by the Parties; provided, that the Auditing Party may require that the audit commence no later than sixty (60) days after the Auditing Party has given notice of the audit to the Audited Party. Each Party shall cooperate fully in any such audit, providing reasonable access to any and all employees, books, records, documents, facilities and systems reasonably necessary to assess the accuracy of the Audited Party s bills. 7.4 Audits shall be performed at the Auditing Party s expense , provided that there shall be no charge for reasonable access to the Audited Party s employees books, records, documents, facilities and systems necessary to assess the accuracy of the Audited Party s bills. Authorization Verizon represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the State of Washington and has full power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. TNCI represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and has full power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. TNCI Certification. Notwithstanding any other provision of this Agreement, Verizon shall have no obligation to perform under this Agreement until such time as TNCI has obtained such FCC and Commission authorization as may be required by Applicable Law for conducting business in the State of Idaho. TNCI shall not place any Orders under this Agreement until it has obtained such authorization. TNCI shall provide proof of such authorization to Verizon upon request. TNCIID Comp v2.7h.doc " 5 Billing and Payment; Disputed Amounts 10. Except as otherwise provided in this Agreement, each Party shall submit to the other Party on a monthly basis in an itemized form, statement(s) of charges incurred by the other Party under this Agreement. Except as otherwise provided in this Agreement, payment of amounts billed for Services provided under this Agreement, whether billed on a monthly basis or as otherwise provided in this Agreement, shall be due, in immediately available U. funds , on the later of the following dates (the "Due Date ): (a) the due date specified on the billing Party s statement; or (b) twenty (20) days after the date the statement is received by the billed Party. Payments shall be transmitted by electronic funds transfer. If any portion of an amount billed by a Party under this Agreement is subject to a good faith dispute between the Parties, the billed Party shall give notice to the billing Party of the amounts it disputes ("Disputed Amounts ) and include in such notice the specific details and reasons for disputing each item. A Party may also dispute prospectively with a single notice a class of charges that it disputes. Notice of a dispute may be given by a Party at any time, either before or after an amount is paid, and a Party s payment of an amount shall not constitute a waiver of such Party s right to subsequently dispute its obligation to pay such amount or to seek a refund of any amount paid. The billed Party shall pay by the Due Date all undisputed amounts. Billing disputes shall be subject to the terms of Section , Dispute Resolution. 9.4 Charges due to the billing Party that are not paid by the Due Date, shall be subject to a late payment charge. The late payment cha rge shall be in an amount specified by the billing Party which shall not exceed a rate of one-and- one-half percent (1.5%) of the overdue amount (including any unpaid previously billed late payment charges) per month. Although it is the intent of both Parties to submit timely statements of charges failure by either Party to present statements to the other Party in a timely manner shall not constitute a breach or default, or a waiver of the right to payment of the incurred charges , by the billing Party under this Agreement, and , except for assertion of a provision of Applicable Law that limits the period in which a suit or other proceeding can be brought before a court or other governmental entity of appropriate jurisdiction to collect amounts due, the billed Party shall not be entitled to dispute the billing Party s statement(s) based on the billing Party failure to submit them in a timely fashion. Confidentiality 10.As used in this Section 10 , " Confidential Information" means the following information that is disclosed by one Party ("Disclosing Party ) to the other Party Receiving Party ) in connection with, or anticipation of, this Agreement: 10.Books, records, documents and other information disclosed in an audit pursuant to Section 7; 10.Any forecasting information provided pursuant to this Agreement; 10.Customer Information (except to the extent that (a) the Customer information is published in a directory, (b) the Customer information is disclosed through or in the course of furnishing a Telecommunications Service, such as a Directory Assistance Service, Operator Service, TNCI 10 Comp v2.7h.doc 10. 10. 10.4 10.1.4 10. 10. Caller ID or similar service , or LlDB service, or (c) the Customer to whom the Customer Information is related has authorized the Receiving Party to use and/or disclose the Customer Information); information related to specific facilities or equipment (including, but not limited to, cable and pair information); any information that is in written, graphic, electromagnetic, or other tangible form, and marked at the time of disclosure as "Confidential" or Proprietary;" and any information that is communicated orally or visually and declared to the Receiving Party at the time of disclosure, and by written notice with a statement of the information given to the Receiving Party within ten (10) days after disclosure, to be "Confidential or "Proprietary Notwithstanding any other provision of this Agreement, a Party shall have the right to refuse to accept receipt of information which the other Party has identified as Confidential Information pursuant to Sections 10.5 or 10. 10. Except as otherwise provided in this Agreement, the Receiving Party shall: 10. use the Confidential Information received from the Disclosing Party only in performance of this Agreement; and using the same degree of care that it uses with similar confidential information of its own (but in no case a degree of care that is less than commercially reasonable), hold Confidential Information received from the Disclosing Party in confidence and restrict disclosure of the Confidential Information solely to those of the Receiving Party Affiliates and the directors, officers, employees, Agents and contractors of the Receiving Party and the Receiving Party s Affiliates that have a need to receive such Confidential Information in order to perform the Receiving Party s obligations under this Agreement. The Receiving Party s Affiliates and the directors, officers, employees Agents and contractors of the Receiving Party and the Receiving Party s Affiliates , shall be required by the Receiving Party to comply with the provisions of this Section 10 in the same manner as the Receiving Party. The Receiving Party shall be liable for any failure of the Receiving Party s Affiliates or the directors, officers , employees Agents or contractors of the Receiving Party or the Receiving Party Affiliates , to comply with the provisions of this Section 10. The Receiving Party shall return or destroy all Confidential Information received from the Disclosing Party, including any copies made by the Receiving Party, within thirty (30) days after a written request by the Disclosing Party is delivered to the Receiving Party, except for (a) Confidential Information that the Receiving Party reasonably requires to perform its obligations under this Agreement, and (b) one copy for archival purposes only. Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply to information that: 10.4. TNCIIO Comp v2.7h.doc was, at the time of receipt, already in the possession of or known to the Receiving Party free of any obligation of confidentiality and restriction on use; 10. 10. 10. 10. 10.4.is or becomes publicly available or known through no wrongful act of the Receiving Party, the Receiving Party s Affiliates, or the directors officers, employees, Agents or contractors of the Receiving Party or the Receiving Party s Affiliates; 10.is rightfully received from a third person having no direct or indirect obligation of confidentiality or restriction on use to the Disclosing Party with respect to such information; 10.4.4 is independently developed by the Receiving Party; 10.4.is approved for disclosure or use by written authorization of the Disclosing Party (including, but not limited to, in this Agreement); or 10.4.is required to be disclosed by the Receiving Party pursuant to Applicable Law, provided that the Receiving Party shall have made commercially reasonable efforts to give adequate notice of the requirement to the Disclosing Party in order to enable the Disclosing Party to seek protective arrangements. Notwithstanding the provisions of Sections 10.1 through 10., the Receiving Party may use and disclose Confidential Information received from the Disclosing Party to the extent necessary to enforce the Receiving Party s rights under this Agreement or Applicable Law. In making any such disclosure, the Receiving Party shall make reasonable efforts to preserve the confidentiality and restrict the use of the Confidential Information while it is in the possession of any person to whom it is disclosed, including, but not limited to, by requesting any governmental entity to whom the Confidential Information is disclosed to treat it as confidential and restrict its use to purposes related to the proceeding pending before it. The Disclosing Party shall retain all of the Disclosing Party s right, title and interest in any Confidential Information disclosed by the Disclosing Party to the Receiving Party. Except as otherwise expressly provided in this Agreement, no license is granted by this Agreement with respect to any Confidential Information (including, but not limited to, under any patent, trademark or copyright), nor is any such license to be implied solely by virtue of the disclosure of Confidential Information. The provisions of this Section 10 shall be in addition to and not in derogation of any provisions of Applicable Law, including, but not limited to, 47 U.C. ~ 222 and are not intended to constitute a waiver by a Party of any right with regard to the use, or protection of the confidentiality of, CPNI provided by Applicable Law. Each Party s obligations under this Section 10 shall survive expiration cancellation or termination of this Agreement. 11.Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 12.Default If either Party ("Defaulting Party ) fails to make a payment required by this Agreement (including, but not limited to , any payment required by Section 9.3 of undisputed amounts TNCI 10 Comp v2.7h.doc 13. to the billing Party) or materially breaches any other material provision of this Agreement and such failure or breach continues for thirty (30) days after written notice thereof from the other Party, the other Party may, by written notice to the Defaulting Party, (a) suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and terminate the provision of all Services hereunder. 13. Discontinuance of Service by TNCI 13. 14. 15. If TNCI proposes to discontinue, or actually discontinues, its provision of service to all or substantially all of its Customers, whether voluntarily, as a result of bankruptcy, or for any other reason, TNCI shall send written notice of such discontinuance to Verizon, the Commission , and each of TNCl's Customers. TNCI shall provide such notice such number of days in advance of discontinuance of its service as shall be required by Applicable Law. Unless the period for advance notice of discontinuance of service required by Applicable Law is more than thirty (30) days, to the extent commercially feasible, TNCI shall send such notice at least thirty (30) days prior to its discontinuance of service. Such notice must advise each TNCI Customer that unless action is taken by the TNCI Customer to switch to a different carrier prior to TNCl's proposed discontinuance of service, the TNCI Customer will be without the service provided by TNCI to the TNCI Customer. 13.Should a TNCI Customer subsequently become a Verizon Customer, TNCI shall provide Verizon with all information necessary for Verizon to establish service for the TNCI Customer, including, but not limited to, the TNCI Customer s billed name, listed name, service address, and billing address, and the services being provided to the TNCI Customer. 13.4 Nothing in this Section 13 shall limit Verizon s right to cancel or terminate this Agreement or suspend provision of Services under this Agreement. Dispute Resolution 14.Except as otherwise provided in this Agreement, any dispute between the Parties regarding the interpretation or enforcement of this Agreement or any of its terms shall be addressed by good faith negotiation between the Parties. To initiate such negotiation , a Party must provide to the other Party written notice of the dispute that includes both a detailed description of the dispute or alleged nonperformance and the name of an individual who will serve as the initiating Party s representative in the negotiation. The other Party shall have ten Business Days to designate its own representative in the negotiation. The Parties' representatives shall meet at least once within 45 days after the date of the initiating Party s written notice in an attempt to reach a good faith resolution of the dispute. Upon agreement, the Parties' representatives may utilize other alternative dispute resolution procedures such as private mediation to assist in the negotiations. 14.If the Parties have been unable to resolve the dispute within 45 days of the date of the initiating Party s written notice, either Party may pursue any remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC , or a court of competent jurisdiction. Force Majeure TNCIIO Comp v2.7h.doc 15.Neither Party shall be responsible for any delay or failure in performance which results from causes beyond its reasonable control ("Force Majeure Events whether or not foreseeable by such Party. Such Force Majeure Events include but are not limited to, adverse weather conditions , flood , fire, explosion earthquake , volcanic action, power failure, embargo, boycott, war, revolution, civil commotion , act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other Party, and acts of God. 15.If a Force Majeure Event occurs, the non-performing Party shall give prompt notification of its inability to perform to the other Party. During the period that the non-performing Party is unable to perform , the other Party shall also be excused from performance of its obligations to the extent such obligations are reciprocal , or depend upon , the performance of the non-performing Party that has been prevented by the Force Majeure Event. The non-performing Party shall use commercially reasonable efforts to avoid or remove the cause(s) of its non- performance and both Parties shall proceed to perform once the cause(s) are removed or cease. 15.Notwithstanding the provisions of Sections 15.1 and 15., in no case shall a Force Majeure Event excuse either Party from an obligation to pay money as required by this Agreement. 15.4 Nothing in this Agreement shall require the non-performing Party to settle any labor dispute except as the non-performing Party, in its sole discretion determines appropriate. 16.Forecasts In addition to any other forecasts required by this Agreement, upon request by Verizon TNCI shall provide to Verizon forecasts regarding the Services that TNCI expects to purchase from Verizon, including, but not limited to , forecasts regarding the types and volumes of Services that TNCI expects to purchase and the locations where such Services will be purchased. 17.Fraud TNCI assumes responsibility for all fraud associated with its Customers and accounts. Verizon shall bear no responsibility for, and shall have no obligation to investigate or make adjustments to TNCl's account in cases of, fraud by TNCl's Customers or other third parties. 18.Good Faith Performance The Parties shall act in good faith in their performance of this Agreement. Except as otherwise expressly stated in this Agreement (including, but not limited to, where consent, approval, agreement or a similar action is stated to be within a Party s sole discretion), where consent, approval , mutual agreement or a similar action is required by any provision of this Agreement, such action shall not be unreasonably withheld conditioned or delayed. If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Agreement, Verizon reserves the right to negotiate in good faith with TNCI reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such Service; and, if the Parties cannot agree to such terms and conditions (including, without limitation , rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. TNCI 10 Comp v2.7h.doc 19.Headings The headings used in the Principal Document are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of the Principal Document. 20.Indemnification Each Party ("Indemnifying Party ) shall indemnify, defend and hold harmless the other Party ("Indemnified Party ), the Indemnified Party s Affiliates, and the directors, officers and employees of the Indemnified Party and the Indemnified Party s Affiliates , from and against any and all Claims that arise out of bodily injury to or death of any person, or damage to, or destruction or loss of, tangible real and/or personal property of any person , to the extent such injury, death damage, destruction or loss, was proximately caused by the grossly negligent or intentionally wrongful acts or omissions of the Indemnifying Party, the Indemnifying Party s Affiliates, or the directors, officers, employees, Agents or contractors (excluding the Indemnified Party) of the Indemnifying Party or the Indemnifying Party s Affiliates, in connection with this Agreement. 20. 20. 20. Indemnification Process. 20. 20. 20.2.4 20. 20. TNCIIO Comp v2.7h.doc As used in this Section 20 , " Indemnified Person" means a person whom an Indemnifying Party is obligated to indemnify, defend and/or hold harmless under Section 20. An Indemnifying Party s obligations under Section 20.1 shall be conditioned upon the following: The Indemnified Person: (a) shall give the Indemnifying Party notice of the Claim promptly after becoming aware thereof (including a statement of facts known to the Indemnified Person related to the Claim and an estimate of the amount thereof); (b) prior to taking any material action with respect to a Third Party Claim, shall consult with the Indemnifying Party as to the procedure to be followed in defending, settling, or compromising the Claim; (c) shall not consent to any settlement or compromise of a Third Party Claim without the written consent of the Indemnifying Party; (d) shall permit the Indemnifying Party to assume the defense of a Third Party Claim (including, except as provided below, the compromise or settlement thereof) at the Indemnifying Party s own cost and expense, provided, however, that the Indemnified Person shall have the right to approve the Indemnifying Party s choice of legal counsel. If the Indemnified Person fails to comply with Section 20.3 with respect to a Claim, to the extent such failure shall have a material adverse effect upon the Indemnifying Party, the Indemnifying Party shall be relieved of its obligation to indemnify, defend and hold harmless the Indemnified Person with respect to such Claim under this Agreement. Subject to 20.6 and 20., below, the Indemnifying Party shall have the authority to defend and settle any Third Party Claim. With respect to any Third Party Claim , the Indemnified Person shall be entitled to participate with the Indemnifying Party in the defense of the Claim if the Claim requests equitable relief or other relief that could 21. 20. 20. Insurance 21. affect the rights of the Indemnified Person. In so participating, the Indemnified Person shall be entitled to employ separate counsel for the defense at the Indemnified Person s expense. The Indemnified Person shall also be entitled to participate, at its own expense, in the defense of any Claim, as to any portion of the Claim as to which it is not entitled to be indemnified, defended and held harmless by the Indemnifying Party. 20.In no event shall the Indemnifying Party settle a Third Party Claim or consent to any judgment with regard to a Third Party Claim without the prior written consent of the Indemnified Party, which shall not be unreasonably withheld, conditioned or delayed. In the event the settlement or judgment requires a contribution from or affects the rights of an Indemnified Person, the Indemnified Person shall have the right to refuse such settlement or judgment with respect to itself and at its own cost and expense, take over the defense against the Third Party Claim , provided that in such event the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify or hold harmless the Indemnified Person against, the Third Party Claim for any amount in excess of such refused settlement or judgment. 20.The Indemnified Person shall, in all cases, assert any and all provisions in applicable Tariffs and Customer contracts that limit liability to third persons as a bar to, or limitation on , any recovery by a third-person claimant. 20.The Indemnifying Party and the Indemnified Person shall offer each other all reasonable cooperation and assistance in the defense of any Third Party Claim. Each Party agrees that it will not implead or bring any action against the other Party, the other Party s Affiliates, or any of the directors, officers or employees of the other Party or the other Party s Affiliates , based on any claim by any person for personal injury or death that occurs in the course or scope of employment of such person by the other Party or the other Party s Affiliate and that arises out of performance of this Agreement. Each Party s obligations under this Section 20 shall survive expiration cancellation or termination of this Agreement. TNCI shall maintain during the term of this Agreement and for a period of two years thereafter all insurance and/o~ bonds required to satisfy its obligations under this Agreement (including, but not limited to, its obligations set forth in Section 20 hereof) and all insurance and/or bonds required by Applicable Law. The insurance and/or bonds shall be obtained from an insurer having an A. Best insurance rating of at least A-, financial size category VII or greater. At a minimum and without limiting the foregoing undertaking, TNCI shall maintain the following insurance: 21.Commercial General Liability Insurance , on an occurrence basis, including but not limited to, premises-operations, broad form property damage , products/completed operations, contractual liability, independent contractors, and personal injury, with limits of at least 000 000 combined single limit for each occurrence. TNCI 10 Comp v2.7h.doc 22. 21. 21.Commercial Motor Vehicle Liability Insurance covering all owned hired and non-owned vehicles, with limits of at least $2 000 000 combined single limit for each occurrence. 21.Excess Liability Insurance, in the umbrella form, with limits of at least $10 000,000 combined single limit for each occurrence. 21.1.4 Worker s Compensation Insurance as required by Applicable Law and Employer s Liability Insurance with limits of not less than $2 000 000 per occurrence. 21.All risk property insurance on a full replacement cost basis for all of TNCl's real and personal property located at any collocation site or otherwise located on or in any Verizon premises (whether owned leased or otherwise occupied by Verizon), facility, equipment or right- of-way. Any deductibles , self-insured retentions or loss limits ("Retentions ) for the foregoing insurance must be disclosed on the certificates of insurance to be provided to Verizon pursuant to Sections 21.4 and 21., and Verizon reserves the right to reject any such Retentions in its reasonable discretion. All Retentions shall be the responsibility of TNCI. 21.TNCI shall name Verizon and Verizon s Affiliates as additional insureds on the foregoing liability insurance. 21.4 TNCI shall , within two (2) weeks of the Effective Date hereof at the time of each renewal of, or material change in, TNCI 's insurance policies, and at such other times as Verizon may reasonably specify, furnish certificates or other proof of the foregoing insurance reasonably acceptable to Verizon. The certificates or other proof of the foregoing insurance shall be sent to: Director - Contract Performance & Administration, Verizon Wholesale Markets, 600 Hidden Ridge, HOEWMNOTICES, Irving, TX 75038. 21.TNCI shall require its contractors, if any, that may enter upon the premises or , access the facilities or equipment of Verizon or Verizon s affiliates to maintain insurance in accordance with Sections 21.1 through 21.3 and, if requested, to furnish Verizon certificates or other adequate proof of such insurance acceptable to Verizon in accordance with Section 21.4. 21.If TNCI or TNCI's contractors fail to maintain insurance as required in Sections 21.1 through 21., above, Verizon may (but shall not be obligated to) purchase such insurance and TNCI shall reimburse Verizon for the cost of the insurance. 21.Certificates furnished by TNCI or TNCl's contractors shall contain a clause stating: 'Verizon Northwest Inc. shall be notified in writing at least thirty (30) days prior to cancellation of, or any material change in , the insurance. Intellectual Property 22.Except as expressly stated in this Agreement, this Agreement shall not be construed as granting a license with respect to any patent, copyright, trade name, trademark, service mark, trade secret or any other intellectual property, now or hereafter owned, controlled or licensable by either Party. Except as expressly stated in this Agreement, neither Party may use any patent copyrightable materials, trademark, trade name, trade secret or other intellectual TNCIIO Comp v2.7h.doc 22. 22. 22.4 property right, of the other Party except in accordance with the terms of a separate license agreement between the Parties granting such rights. Except as stated in Section 22.4, neither Party shall have any obligation to defend, indemnify or hold harmless, or acquire any license or right for the benefit , or owe any other obligation or have any liability to, the other Party or its Affiliates or Customers based on or arising from any Third Party Claim alleging or asserting that the provision or use of any service, facility, arrangement, or software by either Party under this Agreement, or the performance of any service or method, either alone or in combination with the other Party, constitutes direct vicarious or contributory infringement or inducement to infringe, or misuse or misappropriation of any patent, copyright, trademark, trade secret, or any other proprietary or intellectual property right of any Party or third person. Each Party, however, shall offer to the other reasonable cooperation and assistance in the defense of any such claim. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT NEITHER PARTY HAS MADE , AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT. TNCI agrees that the Services provided by Verizon hereunder shall be subject to the terms, conditions and restrictions contained in any applicable agreements (including, but not limited to software or other intellectual property license agreements) between Verizon and Verizon s vendors. Verizon agrees to advise TNCI, directly or through a third party, of any such terms , conditions or restrictions that may limit any TNCI use of a Service provided by Verizon that is otherwise permitted by this Agreement. At TNCI's written request, to the extent required by Applicable Law, Verizon will use Verizon s best efforts, as commercially practicable, to obtain intellectual property rights from Verizon vendor to allow TNCI to use the Service in the same manner as Verizon that are coextensive with Verizon s intellectual property rights, on terms and conditions that are equal in quality to the terms and conditions under which Verizon has obtained Verizon s intellectual property rights. TNCI shall reimburse Verizon for the cost of obtaining such rights. 23.Joint Work Product The Principal Document is the joint work product of the Parties, has been ne gotiated by the Parties, and shall be fairly interpreted in accordance with its terms. In the event of any ambiguities , no inferences shall be drawn against either Party. 24.Law Enforcement 24.Each Party may cooperate with law enforcement authorities and nation al security authorities to the full extent required or permitted by Applicable Law in matters related to Services provided by it under this Agreement, including, but not limited , the production of records, the establishment of new lines or the installation of new services on an existing line in order to support law enforcement and/or national security operations, and, the installation of wiretaps, trap-and-trace facilities and equipment, and dialed number recording facilities and equipment. TNCIIO Comp v2.7h.doc 24. 24. 25.Liability 25. 25. 25. A Party shall not have the obligation to inform the other Party or the Customers of the other Party of actions taken in cooperating with law enforcement or national security authorities, except to the extent required by Applicable Law. Where a law enforcement or national security request relates to the establishment of lines (including, but not limited to, lines established to support interception of communications on other lines), or the installation of other services, facilities or arrangements, a Party may act to prevent the other Party from obtaining access to information concerning such lines, services, facilities and arrangements, through operations support system interfaces. As used in this Section 25, "Service Failure" means a failure to comply with a direction to install , restore or terminate Services under this Agreement, a failure to provide Services under this Agreement, and failures, mistakes, omissions interruptions, delays, errors, defects or the like, occurring in the course of the provision of any Services under this Agreement. Except as otherwise stated in Section 25., the liability, if any, of a Party, a Party s Affiliates, and the directors, officers and employees of a Party and a Party s Affiliates, to the other Party, the other Party s Customers, and to any other person, for Claims arising out of a Service Failure shall not exceed an amount equal to the pro rata applicable monthly charge for the Services that are subject to the Servi ce Failure for the period in which such Service Failure occurs. Except as otherwise stated in Section 25.5, a Party, a Party s Affiliates, and the directors, officers and employees of a Party and a Party s Affiliates, shall not be liable to the other Party, the other Party s Customers, or to any other person, in connection with this Agreement (including, but not limited to, in connection with a Service Failure or any breach, delay or failure in performance, of this Agreement) for special, indirect, incidental, consequential, reliance, exemplary, punitive, or like damages, including, but not limited to, damages for lost revenues, profits or savings, or other commercial or economic loss , even if the person whose liability is excluded by this Section has been advised of the possibility of such damages. 25.The limitations and exclusions of liability stated in Sections 25.1 through 25. shall apply regardless of the form of a claim or action , whether statutory, in contract, warranty, strict liability, tort (including, but not limited to, negligence of a Party), or otherwise. 25.Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability: 25.under Sections 20, Indemnification, or 41 , Taxes. 25.for any obligation to indemnify, defend and/or hold harmless that a Party may have under this Agreement. 25.for damages arising out of or resulting from bodily injury to or death of any person, or damage to, or destruction or loss of, tangible real and/or personal property of any person, or Toxic or Hazardous Substances, to the extent such damages are otherwise recoverable under Applicable Law; 25.5.4 for a claim for infringement of any patent, copyright, trade name , trade mark, service mark, or other intellectual property interest; TNCI 10 Comp v2.7h.doc 25. 25. 25.under Section 258 of the Act or any order of FCC or the Commission implementing Section 258; or 25.under the financial incentive or remedy provisions of any service quality plan required by the FCC or the Commission. In the event that the liability of a Party, a Party s Affiliate, or a director, officer or employee of a Party or a Party s Affiliate, is limited and/or excluded under both this Section 25 and a provision of an applicable Tariff, the liability of the Party or other person shall be limited to the smaller of the amounts for which such Party or other person would be liable under this Section or the Tariff provision. Each Party shall , in its tariffs and other contracts with its Customers, provide that in no case shall the other Party, the other Party s Affiliates, or the directors, officers or employees of the other Party or the other Party s Affiliates, be liable to such Customers or other third-persons for any special, indirect, incidental consequential , reliance, exemplary, punitive or other damages, arising out of a Service Failure. 26. Network Management26. 26. Cooperation.Th e Parties will work cooperatively in a commercially reasonable manner to install and maintain a reliable network. TNCI and Verizon will exchange appropriate information (e.network information , maintenance contact numbers, escalation procedures, and information required to comply with requirements of law enforcement and national security agencies) to achieve this desired reliability. In addition, the Parties will work cooperatively in a commercially reasonable manner to apply sound network management principles to alleviate or to prevent traffic congestion and subject to Section 17, to minimize fraud associated with third number billed calls, calling card calls, and other services related to this Agreement. Responsibilitv for Followina Standards . Each Party recognizes a responsibility to follow the standards that may be agreed to between the Parties and to employ characteristics and methods of operation that will not interfere with or impair the service, network or facilities of the other Party or any third parties connected with or involved directly in the network or facilities of the other. 26.Interference or Impairment.If a Party ("Impaired Party ) reasonably determines that the services, network, facilities, or methods of operation , of the other Party Interfering Party ) will or are likely to interfere with or impair the. Impaired Party provision of services or the operation of the Impaired Party s network or facilities, the Impaired Party may interrupt or suspend any Service provided to the Interfering Party to the extent necessary to prevent such interference or impairment, subject to the following: 26.Except in emergency situations (e., situations involving a risk of bodily injury to persons or damage to tangible property, or an interruption in Customer service) or as otherwise provided in this Agreement, the Impaired Party shall have given the Interfering Party at least ten (10) days' prior written notice of the interference or impairment or potential interference or im pairment and the need to correct the condition within said time period; and taken other actions, if any, required by Applicable Law; and 26.Upon correction of the interference or impairment, the Impaired Party will promptly restore the interrupted or suspended Service. The TNCIIO Comp v2.7h.doc Impaired Party shall not be obligated to provide an out-of-service credit allowance or other compensation to the Interfering Party in connection with the suspended Service. 26.4 OutaQe Repair Standard. In the event of an outage or trouble in cny Service being provided by a Party hereunder, the Providing Party will follow Verizon standard procedures for isolating and clearing the outage or trouble. 27.Non-Exclusive Remedies Except as otherwise expressly provided in this Agreement, each of the remedies provided under this Agreement is cumulative and is in addition to any other remedies that may be available under this Agreement or at law or in equity. 28.Notice of Network Changes If a Party makes a change in the information necessary for the transmission and routing of services using that Party s facilities or network, or any other change in its facilities or network that will materially affect the interoperability of its facilities or network with the other Party s facilities or network, the Party making the change shall publish notice of the change at least ninety (90) days in advance of such change, and shall use reasonable efforts, as commercially practicable, to publish such notice at least one hundred eighty (180) days in advance of the change; provided, however, that if an earlier publication of notice of a change is required by Applicable Law (including, but not limited to, 47 CFR 51.325 through 51. 335) notice shall be given at the time required by Applicable Law. 29.Notices 29.Except as otherwise provided in this Agreement, notices given by one Party to the other Party under this Agreement: 29.shall be in writing; 29.shall be delivered (a) personally, (b) by express delivery service with next Business Day delivery, (c) by First Class, certified or registered S. mail , postage prepaid, or (d) by facsimile telecopy, with a copy delivered in accordance with (a), (b) or (c), preceding; and 29.shall be delivered to the following addresses of the Parties: To TNCI: Brian Twomey President 2 Charlesgate West Boston , MA 02215 Telephone Number: (800) 900-5210 Facsimile Number: (617) 369-1117 Internet Address: BTwomey(gJTNCll.com To Verizon: TNCI 10 Comp v2.7h.doc 30. 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(fYverizon.com with a copy to: Vice President and Associate General Counsel Verizon Wholesale Markets 1515 North Court House Road Suite 500 Arlington, VA 22201 Facsimile: 703-351-3664 or to such other address as either Party shall designate by proper notice. Notices will be deemed given as of the earlier of (a) where there is personal delivery of the notice , the date of actual receipt, (b) where the notice is sent via express delivery service for next Business Day delivery, the next Business Day after the notice is sent, (c) where the notice is sent via First Class U.S. Mail three (3) Business Days after mailing, (d) where notice is sent via certified or registered U.S. mail , the date of receipt shown on the Postal Service receipt, and (e) where the notice is sent via facsimile telecopy, if the notice is sent on a Business Day and before 5 PM. in the time zone where it is received , on the date set forth on the telecopy confirmation, or if the notice is sent on a non-Business Day or if the notice is sent after 5 PM in the time zone where it is received, the next Business Day after the date set forth on the telecopy confirmation. Ordering and Maintenance TNCI shall use Verizon s electronic Operations Support System access platforms to submit Orders and requests for maintenance and repair of Services, and to engage in other pre-ordering, ordering, provisioning, maintenance and repair transactions. Verizon has not yet deployed an electronic capability for TNCI to perform a pre-ordering, ordering, provisioning, maintenance or repair, transaction offered by Verizon , TNCI shall use such other processes as Verizon has made available for performing such transaction (including, but not limited, to submission of Orders by telephonic facsimile transmission and placing trouble reports by voice telephone transmission). 31.Performance Standards 31.Verizon shall provide Services under this Agreement in accordance with the performance standards required by Applicable Law, including, but not limited to, Section 251 (c) of the Act. 31.TNCI shall provide Services under this Agreement in accordance with the performance standards required by Applicable Law. 32.Point of Contact for TNCI Customers 32.TNCI shall establish telephone numbers and mailing addresses at which TNCI Customers may communicate with TNCI and shall advise TNCI Customers of these telephone numbers and mailing addresses. TNCIIO Comp v2.7h.doc 33. 32.Except as otherwise agreed to by Verizon, Verizon shall have no obligation, and may decline, to accept a communication from a TNCI Customer, including, but not limited to, a TNCI Customer request for repair or maintenance of a Verizon Service provided to TNCI. 33. Predecessor Agreements Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties: 33. 33. 34. 35. 33.Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Idaho pursuant Section 252 of the Act and in effect prior to the Effective Date is hereby amended , extended and restated; and 33.any Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Idaho pursuant to Section 252 of the Act and in effect prior to the Effective Date, shall as of the Effective Date be subject to and purchased under this Agreement. Except as otherwise agreed in writing by the Parties , if a Service purchased by a Party under a prior interconnection or resale agreement between the Parties pursuant to Section 252 of the Act was subject to a contractual commitment that it would be purchased for a period of longer than one month, and such period had not yet expired as of the Effective Date and the Service had not been terminated prior to the Effective Date , to the extent not inconsistent with this Agreement, such commitment shall remain in effect and the Service will be purchased under this Agreement; provided, that if this Agreement would materially alter the terms of the commitment, either Party make elect to cancel the commitment. If either Party elects to cancel the commitment pursuant to the proviso in Section 33., the Purchasing Party shall not be liable for any termination charge that would otherwise have applied. However, if the commitment was cancelled by the Purchasing Party, the Providing Party shall be entitled to payment from the Purchasing Party of the difference between the price of the Service that was actually paid by the Purchasing Party under the commitment and the price of the Service that would have applied if the commitment had been to purchase the Service only until the time that the commitment was cancelled. Publicity and Use of Trademarks or Service Marks 34.A Party, its Affiliates, and their respective contractors and Agents, shall not use the other Party s trademarks, service marks, logos or other proprietary trade dress, in connection with the sale of products or services, or in any advertising, press releases, publicity matters or other promotional materials, unless the other Party has given its written consent for such use, which consent the other Party may grant or withhold in its sole discretion. 34.Neither Party may imply any direct or indirect affiliation with or sponsorship or endorsement of it or its services or products by the other Party. 34.Any violation of this Section 34 shall be considered a material breach of this Agreement. References TNCIIO Comp v2.7h.doc 36. 35. 35. All references to Sections, Appendices and Exhibits shall be deemed to be references to Sections, Appendices and Exhibits of this Agreement unless the context shall otherwise require. Unless the context shall otherwise require, any reference to a Tariff, agreement technical or other document (including Verizon or third party guides , practices or handbooks), or provision of Applicable Law, is to such Tariff, agreement document, or provision of Applicable Law, as amended and supplemented from time to time (and, in the case of a Tariff or provision of Applicable Law, to any successor Tariff or provision). 36. Relationship of the Parties 36. 36. 36.4 37. The relationship of the Parties under this Agreement shall be that of independent contractors and nothing herein shall be construed as creating any other relationship between the Parties. Nothing contained in this Agreement shall make either Party the employee of the other, create a partnership, joint venture, or other similar relationship between the Parties , or grant to either Party a franchise, distributorship or similar interest. Except for provisions herein expressly authorizing a Party to act for another Party, nothing in this Agreement shall constitute a Party as a legal representative or Agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against, in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party in writing, which permission may be granted or withheld by the other Party in its sole discretion. Each Party shall have sole authority and responsibility to hire, fire , compensate supervise, and otherwise control its employees, Agents and contractors. Each Party shall be solely responsible for payment of any Social Security or other taxes that it is required by Applicable Law to pay in conjunction with its employees, Agents and contractors, and for withholding and remitting to the applicable taxing authorities any taxes that it is required by Applicable Law to collect from its employees. 36.Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party, whether regulatory or contractual , or to assume any responsibility for the management of the other Party s business. 36.The relationship of the Parties under this Agreement is a non-exclusive relationship. Reservation of Rights 37.Notwithstanding anything to the contrary in this Agreement, neither Party waives and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise seek the reversal of and changes in any arbitration decision associated with this Agreement; (b) to challenge the lawfulness of this Agreement and any provision of this Agreement; (c) to seek changes in this Agreement (including, but not limited to, changes in rates, charges and the Services that must be offered) through changes in Applicable Law; (d) to challenge the lawfulness and propriety , and to seek to change, any Applicable Law, including, but not limited to any rule, regulation, order or decision of the Commission, the FCC, or a court of applicable jurisdiction; and (e) to collect debts owed to it under any prior interconnection or resale agreements. Nothing in this Agreement shall be TNCIIO Comp v2.7h.doc deemed to limit or prejudice any position a Party has taken or may take before the Commission, the FCC, any other state or federal regulatory or legislative bodies , courts of applicable jurisdiction, or industry fora. The provisions of this Section shall survive the expiration, cancellation or termination of this Agreement. 37.TNCI acknowledges TNCI has been advised by Verizon that it is Verizon position that this Agreement contains certain provisions which are intended to reflect Applicable Law and Commission and/or FCC arbitration decisions. 38.Subcontractors A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the Party) to perform the Party s obligations under this Agreement; provided , that a Party use of a contractor shall not release the Party from any duty or liability to fulfill the Party obligations under this Agreement. 39.Successors and Assigns This Agreement shall be binding on and inure to the benefit of the Parties and their respective legal successors and permitted assigns. 40.Survival The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the expiration, cancellation or termination of this Agreement, the rights, liabilities and obligations of a Party under any provision of this Agreement regarding confidential information (including but not limited to, Section 10), indemnification or defense (including, but not limited to, Section 20), or limitation or exclusion of liability (including, but not limited to, Section 25), and the rights, liabilities and obligations of a Party under any provision of this Agreement which by its terms or nature is intended to continue beyond or to be performed after the expiration, cancellation or termination of this Agreement, shall survive the expiration , cancellation or termination of this Agreement. 41.Taxes 41.In General.With respect to any purchase hereunder of Services, if any federal state or local tax, fee, surcharge or other tax-like charge (a "Tax ) is required or permitted by Applicable Law or a Tariff to be collected from the Purchasing Party by the Providing Party, then (a) the Providing Party shall properly bill the Purchasing Party for such Tax , (b) the Purchasing Party shall timely remit such Tax to the Providing Party and (c) the Providing Party shall timely remit such collected Tax to the applicable taxing authority. 41.Taxes Imposed on the Providing Party. With respect to any purchase hereunder of Services, if any federal, state or local Tax is imposed by Applicable Law on the receipts of the Providing Party, and such Applicable Law permits the Providing Party to exclude certain receipts received from sales for resale to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company ("Telecommunications Company such exclusion being based solely on the fact that the Purchasing Party is also subject to a tax based upon receipts ("Receipts Tax ), then the Purchasing Party (a) shall provide the Providing Party with notice in writing in accordance with Section 41.6 of this Agreement of its intent to pay the Receipts Tax and (b) shall timely pay the Receipts Tax to the applicable tax authority. TNCIIO Comp v2.7h.doc 41. 41.4 41. Taxes Imposed on Customers.With respect to any purchase hereunder of Services that are resold to a third party, if any federal, state or local Tax is imposed by Applicable Law on the subscriber, end-user, Customer or ultimate consumer ("Subscriber ) in connection with any such purchase, which a Telecommunications Company is required to impose and/or collect from a Subscriber, then the Purchasing Party (a) shall be required to impose and/or collect such Tax from the Subscriber and (b) shall timely remit such Tax to the applicable taxing authority. Liability for Uncollected Tax. Interest and Penalty. If the Providing Party has not received an exemption certificate from the Purchasing Party and the Providing Party fails to bill the Purchasing Party for any Tax as required by Section 41. then, as between the Providing Party and the Purchasing Party, (a) the Purchasing Party shall remain liable for such unbilled Tax and (b) the Providing Party shall be liable for any interest assessed thereon and any penalty assessed with respect to such unbilled Tax by such authority. If the Providing Party properly bills the Purchasing Party for any Tax but the Purchasing Party fails to remit such Tax to the Providing Party as required by Section 41., then, as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. If the Providing Party does not collect any Tax as required by Section 41 .1 because the Purchasing Party has provided such Providing Party with an exemption certificate that is later found to be inadequate by a taxing authority, then , as between the Providing Party and the Purchasing Party, the Purchasing Party shall be liable for such uncollected Tax and any interest assessed thereon , as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. If the Purchasing Party fails to pay the Receipts Tax as required by Section 41., then, as between the Providing Party and the Purchasing Party, (x) the Providing Party shall be liable for any Tax imposed on its receipts and (y) the Purchasing Party shall be liable for any interest assessed thereon and any penalty assessed upon the Providing Party with respect to such Tax by such authority. If the Purchasing Party fails to impose and/or collect any Tax from Subscribers as required by Section 41. then , as between the Providing Party and the Purchasing Party, the Purchasing Party shall remain liable for such uncollected Tax and any interest assessed thereon, as well as any penalty assessed with respect to such uncollected Tax by the applicable taxing authority. With respect to any Tax that the Purchasing Party has agreed to pay, or is required to impose on and/or collect from Subscribers, the Purchasing Party agrees to indemnify and hold the Providing Party harmless on an after-tax basis for any costs incurred by the Providing Party as a result of actions taken by the applicable taxing authority to recover the Tax from the Providing Party due to the failure of the Purchasing Party to timely pay, or collect and timely remit, such Tax to such authority. In the event either Party is audited by a taxing authority, the other Party agrees to cooperate fully with the Party being audited in order to respond to any audit inquiries in a proper and timely manner so that the audit and/or any resulting controversy may be resolved expeditiously. Tax Exemptions and Exemption Certificates. If Applicable Law clearly exempts a purchase hereunder from a Tax, and if such Applicable Law also provides an exemption procedure, such as an exemption-certificate requirement, then, if the Purchasing Party complies with such procedure, the Providing Party shall not collect such Tax during the effective period of such exemption. Such exemption shall be effective upon receipt of the exemption certificate or affidavit in accordance with the terms set forth in Section 41.6. If Applicable Law clearly TNCIIO Comp v2.7h.doc exempts a purchase hereunder from a Tax, but does not also provide an exemption procedure, then the Providing Party shall not collect such Tax if the Purchasing Party (a) furntshes the Providing Party with a letter signed by an officer requesting such an exemption and citing the provision in the Applicable Law which clearly allows such exemption and (b) supplies the Providing Party with an indemnification agreement, reasonably acceptable to the Providing Party (e., an agreement commonly used in the industry), which holds the Providing Party harmless on an after-tax basis with respect to its forbearing to collect such Tax. 41.All notices, affidavits, exemption-certificates or other communications required or permitted to be given by either Party to the other, for purposes of this Section 41 shall be made in writing and shall be delivered in person or sent by certified mail return receipt requested, or registered mail, or a courier service providing proof of service, and sent to the addressees set forth in Section 29 as well as to the following: To Verizon: Tax Administration Verizon Communications 1095 Avenue of the Americas Room 3109 New York, NY 10036 To TNCI: Eric Robinson 2 Charlesgate West Boston, Massachusetts 02215 Either Party may from time to time designate another address or other addressees by giving notice in accordance with the terms of this Section. Any notice or other communication shall be deemed to be gi-...en when received. 42.Technology Upgrades Notwithstanding any other provision of this Agreement, Verizon shall have the right to deploy, upgrade, migrate and maintain its network at its discretion. The Parties acknowledge that Verizon, at its election, may deploy fiber throughout its network and that such fiber deployment may inhibit or facilitate TNCl's ability to provide service using certain technologies. Nothing in this Agreement shall limit Verizon s ability to modify its network through the incorporation of new equipment or software or otherwise. TNCI shall be solely responsible for the cost and activities associated with accommodating such changes in its own network. 43.Territory 43.This Agreement applies to the territory in which Verizon operates as an Incumbent Local Exchange Carrier in the State of Idaho. Verizon shall be obligated to provide Services under this Agreement only within this territory. 43.Notwithstanding any other provision of this Agreement, Verizon may terminate this Agreement as to a specific operating territory or portion thereof if Verizon sells or otherwise transfers its operations in such territory or portion thereof to a third-person. Verizon shall provide TNCI with at least 90 calendar days prior TNCIIO Comp v2.7h.doc written notice of such termination, which shall be effective upon the date specified in the notice. 44.Third Party Beneficiaries Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of the Parties and their permitted assigns, and nothing herein shall create or be construed to provide any third-persons (including, but not limited to, Customers or contractors of a Party) with any rights (including, but not limited to, any third-party beneficiary rights) hereunder. Except as expressly set forth in this Agreement, a Party shall have no liability under this Agreement to the Customers of the other Party or to any other third person. 45.251 and 271 Requirements The Parties agree that the performance of the terms of this Agreement will satisfy Verizon s obligations under Section 251 of the Act, and the requirements of the Checklist under Section 271 of the Act. 46.252(i) Obligations To the extent required by Applicable Law, each Party shall comply with Section 252(i) of the Act. To the extent that the exercise by TNCI of any rights it may have under Section 252(i) results in the rearrangement of Services by Verizon, TNCI shall be solely liable for all costs associated therewith , as well as for any termination charges associated with the termination of existing Verizon Services. 47.Use of Service Each Party shall make commercially reasonable efforts to ensure that its Customers comply with the provisions of this Agreement (including, but not limited to the provisions of applicable Tariffs) applicable to the use of Services purchased by it under this Agreement. 48.Waiver A failure or delay of either Party to enforce any of the provisions of this Agreement, or any right or remedy available under this Agreement or at law or in equity, or to require performance of any of the provisions of this Agreement, or to exercise any option which is provided under this Agreement, shall in no way be construed to be a waiver of such provisions, rights, remedies or options. 49.Warranties EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED , WITH RESPECT TO THE SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY. WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES ARISING BY TRADE CUSTOM , TRADE USAGE , COURSE OF DEALING OR PERFORMANCE , OR OTHERWISE. 50.Withdrawal of Services 50.Notwithstanding anything contained in this Agreement, except as otherwise required by Applicable Law, Verizon may terminate its offering and/or provision of any Service under this Agreement upon thirty (30) days prior written notice to TNCI. TNCI 10 Comp v2.7h.doc 50.Notwithstanding anything contained in this Agreement, except as otherwise required by Applicable Law, Verizon may with thirty (30) days prior written notice to TNCI terminate any provision of this Agreement that provides for the payment by Verizon to TNCI of compensation related to traffic, including, but not limited to Reciprocal Compensation and other types of compensation for termination of traffic delivered by Verizon to TNCI. Following such termination, except as otherwise agreed in writing by the Parties , Verizon shall be obligated to provide compensation to TNCI related to traffic only to the extent required by Applicable Law. If Verizon exercises its right of termination under this Section , the Parties shall negotiate in good faith appropriate substitute provisions for compensation related to traffic; provided, however, that except as otherwise voluntarily agreed by Verizon in writing in its sole discretion, Verizon shall be obligated to provide compensation to TNCI related to traffic only to the extent required by Applicable Law. If within thirty (30) days after Verizon s notice of termination the Parties are unable to agree in writing upon mutually acceptable substitute provisions for compensation related to traffic, either Party may submit their disagreement to dispute resolution in accordance with Section 14 of this Agreement. TNCIIO Comp v2.7h.doc SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date. TRANS NATIONAL COMM UNICA TIONS INTERNATIONAL, INC. VERIZON NORTHWEST INC. Printed: Brian Twomey By:By: Printed: John C. Peterson Title: President ~(/~~ Title: Director - Contract Performance and Adm inistration TNCIID Camp v2.7h.doc ... GLOSSARY General Rule The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the Principal Document. Terms used in a Tariff shall have the meanings stated in the Tariff. Unless the context clearly indicates otherwise, when a term listed in this Glossary is used in the Principal Document, the term shall have the meaning stated in this Glossary. A defined term intended to convey the meaning stated in this Glossary is capitalized when used. Other terms that are capitalized, and not defined in this Glossary or elsewhere in the Principal Document, shall have the meaning stated in the Act. Additional definitions that are specific to the matters covered in a particular provision of the Principal Document may appear in that provision. the extent that there may be any conflict between a definition set forth in this Glossary and any definition in a specific provision, the definition set forth in the specific provision shall control with respect to that provision. Unless the context clearly indicates otherwise, any term defined in this Glossary which is defined or used in the singular shall include the plural, and any term defined in this Glossary which is defined or used in the plural shall include the singular. 1.4 The words "shall" and "will" are used interchangeably throughout the Principal Document and the use of either indicates a mandatory requirement. The use of one or the other shall not confer a different degree of right or obligation for either Party. Definitions Act. The Communications Act of 1934 (47 U.C. ~151 et seq.), as from time to time amended (including, but not limited to, by the Telecommunications Act of 1996). Advanced Services. As a general matter, shall have the meaning set forth by the FCC, Affiliate. Shall have the meaning set forth in the Act. Agent. An agent or servant. Agreement. This Agreement, as defined in Section 1 of the General Terms and Conditions. Ancillary Traffic. All traffic that is destined for ancillary services , or that may have special billing TNCIIO Comp v2.7h.doc requirements, including but not limited to the following: Directory Assistance 911/E911 , Operator Services (IntraLATA call completion), IntraLATA third party, collect and calling card, 800/888 database query, LlDB, and Voice Information Services Traffic as described in Section 5 of the Additional Services Attachment. ANI (Automatic Number Identification). The signaling parameter that refers to the number transmitted through the network identifying the billing number of the calling party. Applicable Law. All effective laws, government regulations and government orders, applicable to each Party s performance of its obligations under this Agreement. ASR (Access Service Request). An industry standard form , which contains data elements and usage rules used by the Parties to add, establish, change or disconnect services or trunks for the purposes of interconnection. BFR (Bona Fide Request). The process described in the Network Element Attachment that prescribes the terms and conditions relating to a Party s request that the other Party provide a UNE that it is not otherwise required to provide under the terms of this Agreement. Business Day. Monday through Friday, except for holidays observed by Verizon. Calendar Quarter. January through March, April through June, July through September, or October through December. Calendar Year. January through December. CCS (Common Channel Signaling). A method of transmitting call set-up and network control data over a digital signaling network separate from the public switched telephone network facilities that carry the actual voice or data content of the call. Central Office. A local switching system for connecting lines to lines, lines to trunks, or trunks to trunks for the purpose of originating/terminating calls over the public switched telephone network. A single Central Office may handle several Central Office codes ("NXX" ). Sometimes this term is used to refer to a telephone company building in which switching systems and telephone equipment are installed. Central Office Switch. TNCIIO Comp v2.7h.doc A switch used to provide Telecommunications Services, including, but not limited , an End Office Switch or a Tandem Switch. A Central Office Switch may also be employed as a combination End Office/Tandem Office Switch. Claims. Any and all claims , demands, suits, actions, settlements, judgments, fines penalties, liabilities, injuries, damages, losses , costs (including, but not limited to, court costs), and expenses (including, but not limited to , reasonable attorney fees). CLEC (Competitive Local Exchange Carrier). Any Local Exchange Carrier other than Verizon that is operating as a Local Exchange Carrier in the territory in which Verizon operates as an ILEC in the State of Idaho. TNCI is or shortly will become a CLEC. CLLI Codes. Common Language Location Identifier Codes. CMDS (Centralized Message Distribution System). The billing record and clearing house transport system that LECs use to exchange out collects and in collects as well as Carrier Access Billing System (CABS) records. Commission. Idaho Public Utilities Commission. CPN (Calling Party Number). A CCS parameter that identifies the calling party s telephone number. CPNI (Customer Proprietary Network Information). Shall have the meaning set forth in Section 222 of the Act, 47 U.C. ~ 222. Cross Connection. For a collocation arrangement, the facilities between the collocating Party equipment and the equipment or facilities of the housing Party (such as the housing Party s digital signal cross connect, Main Distribution Frame, or other suitable frame or panel). Customer. A third party residence or business end-user subscriber to Telephone Exchange Services provided by either of the Parties. Dark Fiber IOF (Dark Fiber Interoffice Facility). Consists of fiber strand(s) that are located within a fiber optic cable between either (a) accessible terminals in two or more Verizon Central Offices or (b) an accessible terminal in a Verizon Central Office and an accessible terminal in a TNCI Central Office , but, in either case, that has not been activated through TNCIIO Comp v2.7h.doc 2.29 connection to multiplexing, aggregation or other electronics that "light it" and thereby render it capable of carrying Telecommunications Services. Dark Fiber loop. Consists of fiber optic strand(s) in a Verizon fiber optic cable between Verizon accessible terminal, such as the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon s accessible terminal located in Verizon s main termination point at a Customer premises such as a fiber patch panel , and that has not been activated through connection to electronics that "light" it and render it capable of carrying Telecommunications Services. Dark Fiber Sub-loop. Consists of fiber optic strand(s) in a Verizon fi ber optic cable (a) between Verizon s accessible terminal located within a Verizon Wire Center, and Verizon accessible terminal at a Verizon remote terminal equipment enclosure, (b) between Verizon s accessible terminal at a Verizon remote terminal equipment enclosure and Verizon s accessible terminal located in Verizon s main termination point located within a Customer premises, or (c) between Verizon accessible terminals at Verizon remote terminal equipment enclosures, and that in all cases has not been activated through connection to electronics that "light" it and render it capable of carrying Telecommunications Services. Digital Signal level. One of several transmission rates in the time-division multiplex hierarchy. DSO (Digital Signal level 0). The 64kbps zero-level signal in the time-division multiplex hierarchy. DS1 (Digital Signal level 1). The 1.544 Mbps first-level signal in the time-division multiplex hierarchy. DS3 (Digital Signal level 3). The 44.736 Mbps third-level signal in the time-division multiplex hierarchy. EMI (Exchange Message Interface). Standard used for the interexchange of telecommunications message information between local exchange carriers and interexchange carriers for billable, non- billable, sample, settlement and study data. Data is provided between companies via a unique record layout that contains Customer billing information account summary and tracking analysis. EMI format is contained in document SR-320 published by the Alliance for Telecom Industry Solutions. End Office Switch or End Office. A switching entity that is used to terminate Customer station loops for the purpose of interconnection to each other and to trunks. Entrance Facility. TNCIIO Comp v2.7h.doc 2.40 2.41 2.42 The facilities between a Party s designated premises and the Central Office serving that designated premises. Exchange Access. Shall have the meaning set forth in the Act. Extended Local Calling Scope Arrangement. An arrangement that provides a Customer a local calling scope (Extended Area Service , " EAS"), outside of the Customer s basic exchange serving area. Extended Local Calling Scope Arrangements may be either optional or non- optional. "Optional Extended Local Calling Scope Arrangement Traffic" is traffic that under an optional Extended Local Calling Scope Arrangement chosen by the Customer terminates outside of the Customer s basic exchange serving area. FCC. The Federal Communications Commission. FCC Internet Order. Order on Remand and Report and Order In the Matter of Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 Intercarrier Compensation for ISP Bound Traffic FCC 01-131 , CC Docket Nos. 96-98 and 99-, (adopted April 18, 2001). FCC Regulations. The unstayed, effective regulations promulgated by the FCC , as amended from time to time. House and Riser Cable. A two-wire metallic distribution facility in Verizon s network between the minimum point of entry for a building where a premises of a Customer is located (such a point, an "MPOE") and the Rate Demarcation Point for such facility (or NID) if the NID is located at such Rate Demarcation Point). IDLC (Integrated Digital Loop Carrier). A subscriber Loop carrier system that integrates within the switch at a DS 1 level which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps digital signal. 2.43 ILEC (Incumbent Local Exchange Carrier). Shall have the meaning stated in the Act. 2.44 Information Access. The provision of specialized exchange telecommunications services in connection with the origination , termination, transmission , switching, forwarding or routing of telecommunications traffic to or from the facilities of a provider of information services, including a provider of Internet access or Internet transmission services. TNCIIO Comp v2.7h.doc 2.45 Inside Wire or Inside Wiring. All wire, cable, terminals, hardware, and other equipment or materials, on the Customer s side of the Rate Demarcation Point. 2.46 Internet Traffic. Any traffic that is transmitted to or returned from the Internet at any point during the duration of the transmission. InterLATA Service. Shall have the meaning set forth in the Act. 2.48 IntraLA T A. Telecommunications that originate and terminate within the same LATA. 2.49 (Intentionally Left Blank). ISDN (Integrated Services Digital Network). A switched network service providing end-to-end digital connectivity for the simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI- ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface- , ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps bearer channels and one (1) 64 kbps data and signaling channel (23B+D). IXC (Interexchange Carrier). A Telecommunications Carrier that provides, directly or indirectly, InterLATA or IntraLATA Telephone Toll Services. LATA (Local Access and Transport Area). Shall have the meaning set forth in the Act. LEC (Local Exchange Carrier). Shall have the meaning set forth in the Act. LERG (Local Exchange Routing Guide). A Telcordia Technologies reference containing NPAlNXX routing and homing information. LlDB (Line Information Data Base). Line Information databases which provide, among other things, calling card validation functionality for telephone line number cards issued by Verizon and other entities and validation data for collect and third number-billed calls (e. data for billed number screening). Line Side. An End Office Switch connection that provides transmission, switching and TNCI 10 Comp v2.7h.doc optional features suitable for Customer connection to the public switched network, including loop start supervision, ground start supervision and signaling for BRI-ISDN service. Loop. A transmission path that extends from a Main Distribution Frame or functionally comparable piece of equipment in a Customer s serving End Office, to the Rate Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the Customer s premises. The actual transmission facilities used to provide a Loop may utilize any of several technologies. LSR (Local Service Request). An industry standard form, which contains data elements and usage rules, used by the Parties to establish, add , change or disconnect resold Telecommunications Services and Network Elements. MDF (Main Distribution Frame). The primary point at which outside plant facilities terminate within a Wire Center for interconnection to other Telecommunications facilities within the Wire Center. The distribution frame used to interconnect cable pairs and line trunk equipment terminating on a switching system. Measured Internet Traffic. Dial-up, switched Internet Traffic originated by a Customer of one Party on that Party s network at a point in a Verizon local calling area, and delivered to a Customer or an Internet Service Provider served by the other Party, on that other Party s network at a point in the same Verizon local calling area. Verizon local calling areas shall be as defined by Verizon. For the purposes of this definition, a Verizon local calling area includes a Verizon non-optional Extended Local Calling Scope Arrangement, but does not include a Verizon optional Extended Local Calling Scope Arrangement. Calls originated on a 1 + presubscription basis, or on a casual dialed (1 OXXX/1 01XXXX) basis, are not considered Measured Internet Traffic. For the avoidance of any doubt, Virtual Foreign Exchange Traffic (i.e., V/FX Traffic) (as defined in the Interconnection Attachment) does not constitute Measured Internet Traffic. MECAB (Multiple Exchange Carrier Access Billing). A document prepared by the Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (A TIS). The MECAB document, published by Telcordia Technologies as Special Report SR- BDS-oO0983, contains the recommended guidelines for the billing of an Exchange Access Service provided by two or more LECs, or by one LEC in two or more states, within a single LATA. MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access Services - Industry Support Interface). A document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for TNCI 10 Comp v2.7h.doc Telecommunications Industry Solutions (ATIS). The MECOD document published by Telcordia Technologies as Special Report SR-STS-002643 establishes methods for processing orders for Exchange Access Service that is to be provided by two or more LECs. (Intentionally Left Blank). NANP (North American Numbering Plan). The system of telephone numbering employed in the United States, Canada Bermuda , Puerto Rico and certain Caribbean islands. The NANP format is a 10- digit number that consist of a 3-digit NPA Code (commonly referred to as the area code), followed by a 3-digit NXX code and 4 digit line number. Network Element. Shall have the meaning stated in the Act. NID (Network Interface Device). The Verizon provided interface terminating Verizon s Telecommunications network on the property where the Customer s service is located at a point determined by Verizon. The NID contains an FCC Part 68 registered jack from which Inside Wire may be connected to Verizon s network. NPA (Numbering Plan Area). Also sometimes referred to as an area code, is the first three-digit indicator of each 10-digit telephone number within the NANP. There are two general categories of NPA , " Geographic NPAs" and "Non-Geographic NPAs . A Geographic NPA is associated with a defined geographic area, and all telephone numbers bearing such NPA are associated with services provided within that geographic area. A Non-Geographic NPA, also known as a "Service Access Code" or "SAC Code" is typically associated with a specialized Telecommunications Service that may be provided across multiple geographic NPA areas. 500 700 800 888 and 900 are examples of Non-Geographic NPAs. NXX , NXX Code, Central Office Code or CO Code. The three-digit switch entity indicator (i.e. the first three digits of a seven-digit telephone number). Order. An order or application to provide, change or terminate a Service (including, but not limited to, a commitment to purchase a stated number or minimum number of lines or other Services for a stated period or minimum period of time). Originating Switched Access Detail Usage Data. A category 11 01XX record as defined in the EMI Telcordia Practice BR-010-200- 010. POI (Point of Interconnection). The physical location where the Parties' respective facilities physically TNCIIO Comp v2.7h.doc interconnect for the purpose of mutually exchanging their traffic. As set forth in the Interconnection Attachment , a Point of Interconnection shall be at (i) a technically feasible point on Verizon s network in a LATA and/or (ii) a fiber meet point to which the Parties mutually agree under the terms of this Agreement. By way of example, a technically feasible Point of Interconnection on Verizon network in a LATA would include an applicable Verizon Tandem Wire Center or Verizon End Office Wire Center but, notwithstanding any other provision of this Agreement or otherwise, would not include a TNCI Wire Center, TNCI switch or any portion of a transport facility provided by Verizon to TNCI or another party between (x) a Verizon Wire Center or switch and (y) the Wire Center or switch of TNCI or another party. Port. A line card (or equivalent) and associated peripheral equipment on an End Office Switch that interconnects individual Loops or individual Customer trunks with the switching components of an End Office Switch and the associated switching functionality in that End Office Switch. Each Port is typically associated with one (or more) telephone number(s) that serves as the Customer s network address. The Port is part of the provision of unbundled Local Switching Element. Principal Document. This document, including, but not limited to, the Title Page, the Table of Contents , the Preface, the General Terms and Conditions, the signature page this Glossary, the Attachments, and the Appendices to the Attachments. Providing Party. A Party offering or providing a Service to the other Party under this Agreement. Purchasing Party. A Party requesting or receiving a Service from the other Party under this Agreement. Rate Center Area. The geographic area that has been identified by a given LEC as being associated with a particular NPA-NXX code assigned to the LEC for its provision of Telephone Exchange Services. The Rate Center Area is the exclusive geographic area that the LEC has identified as the area within which it will provide Telephone Exchange Services bearing the particular NPA-NXX designation associated with the specific Rate Center Area. Rate Center Point. A specific geographic point, defined by a V&H coordinate, located within the Rate Center Area and used to measure distance for the purpose of billing for distance- sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia Practice BR-795-100-100, the Rate Center Point may be an End Office location or a "LEC Consortium Point Of Interconnection. Rate Demarcation Point. The physical point in a Verizon provided network facility at which Verizon TNCIIO Comp v2.7h.doc responsibility for maintaining that network facility ends and the Customer responsibility for maintaining the remainder of the facility begins, as set forth in this Agreement, Verizon s applicable Tariffs, if any, or as otherwise prescribed under Applicable Law. Reciprocal Compensation. The arrangement for recovering, in accordance with Section 251(b)(5) of the Act the FCC Internet Order, and other applicable FCC orders and FCC Regulations costs incurred for the transport and termination of Reciprocal Compensation Traffic originating on one Party s network and terminating on the other Party network (as set forth in Section 7 of the Interconnection Attachment). Reciprocal Compensation Traffic. Telecommunications traffic originated by a Customer of one Party on that Party network and terminated to a Customer of the other Party on that other Party network, except for Telecommunications traffic that is interstate or intrastate Exchange Access, Information Access, or exchange services for Exchange Access or Information Access. The determination of whether Telecommunications traffic is Exchange Access or Information Access shall be based upon Verizon s local calling areas as defined by Verizon. Reciprocal Compensation Traffic does not include the following traffic (it being understood that certain traffic types will fall into more than one (1) of the categories below that do not constitute Reciprocal Compensation Traffic): (1) any Internet Traffic; (2) traffic that does not originate and terminate within the same Verizon local calling area as defined by Verizon, and based on the actual originating and terminating points of the complete end-to-end communication; (3) Toll Traffic including, but not limited to, calls originated on a 1 + presubscription basis, or on a casual dialed (10XXX/101XXXX) basis; (4) Optional Extended Local Calling Scope Arrangement Traffic; (5) special access, private line, Frame Relay, A TM or any other traffic that is not switched by the terminating Party; (6) Tandem Transit Traffic; (7) Voice Information Service Traffic (as defined in Section 5 of the Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or V/FX Traffic) (as defined in the Interconnection Attachment). For the purposes of this definition, a Verizon local calling area includes a Verizon non-optional Extended Local Calling Scope Arrangement, but does not include a Verizon optional Extended Local Calling Scope Arrangement. Retail Prices. The prices at which a Service is provided by Verizon at retail to subscribers who are not Telecommunications Carriers. Routing Point. A specific geographic point identified by a specific V&H coordinate. The Routing Point is used to route inbound traffic to specified NPA-NXXs. The Routing Point must be located within the LATA in which the corresponding NPA-NXX is located. However, the Routing Point associated with each NPA-NXX need not be the same as the corresponding Rate Center Point, nor must it be located within the corresponding Rate Center Area , nor must there be a unique and separate Routing Point corresponding to each unique and separate Rate Center Area. Service. TNCIIO Comp v2.7h.doc Any Interconnection arrangement, Network Element, Telecommunications Service, collocation arrangement, or other service, facility or arrangement offered by a Party under this Agreement. SS7 (Signaling System 7). The common channel out-of-band signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI). Verizon and TNCI currently utilize this out-of-band signaling protocol. Subsidiary. A corporation or other person that is controlled by a Party. Sub-Loop Distribution Facility. A two-wire or four-wire metallic distribution facility in Verizon s network between a Verizon feeder distribution interface ("FDI") and the Rate Demarcation Point for such facility (or NID if the NID is located at such Rate Demarcation Point). Sub-Loop Feeder Facility. A DS1 or DS3 transmission path over a feeder facility in Verizon s network between a Verizon End Office and either a Verizon remote terminal equipment enclosure (an "RTEE") that subtends such End Office or a Verizon FDI that subtends the End Office. Switched Exchange Access Service. The offering of transmission and switching services for the purpose of the origination or termination of Toll Traffic. Switched Exchange Access Services include but may not be limited to: Feature Group A, Feature Group B, Feature Group D , 700 access, 800 access, 888 access and 900 access. Tandem Switch. A switching entity that has billing and recording capabilities and is used to connect and switch trunk circuits between and among End Office Switches and between and among End Office Switches and carriers' aggregation points, points of termination, or points of presence, and to provide Switched Exchange Access Services. Tariff. 90.Any applicable Federal or state tariff of a Party, as amended from time-to-time; or 90.Any standard agreement or other document, as amended from time- to-time, that sets forth the generally available terms, conditions and prices under which a Party offers a Service. The term "Tariff' does not include any Verizon statement of generally available terms (SGA T) which has been approved or is pending approval by the Commission pursuant to Section 252(f) of the Act. Telcordia Technologies, TNCIIO Comp v2.7h.doc Telcordia Technologies, Inc., formerly known as Bell Communications Research Inc. (Bellcore). Telecommunications Carrier. Shall have the meaning set forth in the Act. Telecommunications Services. Shall have the meaning set forth in the Act. Telephone Exchange Service. Shall have the meaning set forth in the Act. Terminating Switched Access Detail Usage Data. A category 1101XX record as defined in the EMI Telcordia Practice BR-010-20Q- 010. Third Party Claim. A Claim where there is (a) a claim , demand, suit or action by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party. Toll Traffic. Traffic that is originated by a Customer of one Party on that Party s network and terminates to a Customer of the other Party on that other Party s network and is not Reciprocal Compensation Traffic, Measured Internet Traffic, or Ancillary Traffic. Toll Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll Traffic , depending on whether the originating and terminating points are within the same LATA. Toxic or Hazardous Substance. Any substance designated or defined as toxic or hazardous under any Environmental Law" or that poses a risk to human health or safety, or the environment, and products and materials containing such substance. Environmental Laws" means the Comprehensive Environmental Response Compensation, and Liability Act, the Emergency Planning and Community Right- to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, the Occupational Safety and Health Act, and all other Federal, State or local laws or governmental regulations or requirements, that are similar to the above- referenced laws or that otherwise govern releases, chemicals , products materials or wastes that may pose risks to human health or safety, or the environment, or that relate to the protection of wetlands or other natural resources. Traffic Factor 1. For traffic exchanged via Interconnection Trunks, a percentage calculated by dividing the number of minutes of interstate traffic (excluding Measured Internet Traffic) by the total number of minutes of interstate and intrastate traffic. ((Interstate Traffic Total Minutes of Use (excluding Measured Internet Traffic TNCI 10 Comp v2.7h.doc 100 101 102 103 104 105 106 TNCI 10 Comp v2.7h.doc Total Minutes of UseJ ... (Interstate Traffic Total Minutes of Use + Intrastate Traffic Total Minutes of UseJJ x 100). Until the form of a Party s bills is updated to use the term "Traffic Factor 1 " the term "Traffic Factor 1" may be referred to on the Party s bills and in billing related communications as "Percent Interstate Usage or "PIU. Traffic Factor 2. For traffic exchanged via Interconnection Trunks, a percentage calculated by di\1ding the combined total number of minutes of Reciprocal Compensation Traffic and Measured Internet Traffic by the combined total number of minutes of intrastate traffic and Measured Internet Traffic. mReciprocal Compensation Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of UseJ ... (Intrastate Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of UseH x 100). Until the form of a Party s bills is updated to use the term "Traffic Factor 2 " the term "Traffic Factor 2" may be referred to on the Party s bills and in billing related communications as "Percent Local Usage" or "PLU. Trunk Side. A Central Office Switch connection that is capable of, and has been programmed to treat the circuit as, connecting to another switching entity, for example, to another carrier s network. Trunk side connections offer those transmission and signaling features appropriate for the connection of switching entities and cannot be used for the direct connection of ordinary telephone station sets. UDLC (Universal Digital Loop Carrier). UDLC arrangements consist of a Central Office Terminal and a Remote Terminal located in the outside plant or at a customer premises. The Central Office and the Remote Terminal units perform analog to digital conversions to allow the feeding facility to be digital. UDLC is deployed where the types of services to be provisioned by the systems cannot be integrated such as non-switched services and UNE Loops. V and H Coordinates Method. A method of computing airline miles between two points by utilizing an established formula that is based on the vertical and horizontal coordinates of the two points. Voice Grade. Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per second. When referring to digital Voice Grade service (a 56-64 kbps channel), the terms "DSO" or "sub-DS1" may also be used. Wire Center. A building or portion thereof which serves as the premises for one or more Central Office Switches and related facilities. xDSL. As defined and offered in this Agreement. The small "" before the letters DSL signifies reference to DSL as a generic transmission technology, as opposed to a specific DSL "flavor. TNCIIO Comp v2.7h.doc ADDITIONAL SERVICES ATTACHMENT Alternate Billed Calls The Parties will engage in settlements of intraLA T A intrastate alternate-billed calls ~, collect, calling card, and third-party billed calls) originated or authorized by their respective Customers in accordance with an arrangement mutually agreed to by the Parties. Dialing Parity - Section 251 (b)(3) Each Party shall provide the other Party with nondiscriminatory access to such services and information as are necessary to allow the other Party to implement local Dialing Parity in accordance with the requirements of Section 251 (b )(3) of the Act. Directory Assistance (DA) and Operator Services (OS) Either Party may request that the other Party provide the requesting Party with nondiscriminatory access to the other Party s directory assistance services (DA), IntraLATA operator call completion services (OS), and/or directory assistance listings database. If either Party makes such a request, the Parties shall enter into a mutually acceptable written agreement for such access. TNCI shall arrange , at its own expense, the trunking and other facilities required to transport traffic to and from the designated DA and OS switch locations. Directory Listing and Directory Distribution To the extent required by Applicable Law, Verizon will provide directory services to TNCI. Such services will be provided in accordance with the terms set forth herein. Listing Information. As used herein , " Listing Information" means a TNCI Customer s primary name address (including city, state and zip code), telephone number(s), the delivery address and number of directories to be delivered , and, in the case of a business Customer, the primary business heading under which the business Customer desires to be placed , and any other information Verizon deems necessary for the publication and delivery of directories. 4.2 Listing Information Supply. TNCI shall provide to Verizon on a regularly scheduled basis, at no charge, and in a format required by Verizon or by a mutually agreed upon industry standard (e., Ordering and Billing Forum developed) all Listing Information and the service address for each TNCI Customer whose service address location falls within the geographic area covered by the relevant Verizon directory. TNCI shall also provide to Verizon on a daily basis: (a) information showing TNCI Customers who have disconnected or terminated their service with TNCI; and (b) delivery information for each non-listed or non-published TNCI Customer to enable Verizon to perform its directory distribution responsibilities. Verizon shall promptly provide to TNCI (normally within forty-eight (48) hours of receipt by Verizon, excluding non-business days) a query on any listing that is not acceptable. TNCI 10 Comp v2.7h.doc 4.4 Listing Inclusion and Distribution. Verizon shall include each TNCI Customer s primary listing in the appropriate alphabetical directory and, for business Customers, in the appropriate classified (Yellow Pages) directory in accordance with the directory configuration, scope and schedules determined by Verizon in its sole discretion, and shall provide initial distribution of such directories to such TNCI Customers in the same manner it provides initial distribution of such directories to its own Customers. Primary Listing" means a Customer s primary name, address, and telephone number. Listings of TNCI's Customers shall be interfiled with listings of Verizon Customers and the Customers of other LECs included in the Verizon directories. TNCI shall pay Verizon s tariffed charges for additional, foreign , and other listings products (as documented in local Tariff) for TNCl's Customers. Verizon Information. Upon request by TNCI, Verizon shall make available to TNCI the following information to the extent that Verizon provides such information to its own business offices: a directory list of relevant NXX codes, directory and Customer Guide close dates, and Yellow Pages headings. Verizon shall also make available to TNCI, upon written request, a copy of Verizon s alphabetical listings standards and specifications handbook. Confidentiality of Listing Information. Verizon shall accord TNCI Listing Information the same level of confidentiality that Verizon accords its own listing information, and shall use such Listing Information solely for the purpose of providing directory-related services; provided , however, that should Verizon elect to do so, it may use or license TNCI Listing Information for directory publishing, direct marketing, or any other purpose for which Verizon uses or licenses its own listing information , so long as TNCI Customers are not separately identified as such; and provided further that TNCI may identify those of its Customers who request that their names not be sold for direct marketing purposes and Verizon shall honor such requests to the same extent that it does for its own Customers. Verizon shall not be obligated to compensate TNCI for Verizon s use or licensing of TNCI Listing Information. Accuracy. Both Parties shall use commercially reasonable efforts to ensure the accurate publication of TNCI Customer listings. At TNCl's request, Verizon shall provide TNCI with a report of all TNCI Customer listings in a reasonable timeframe prior to the service order close date for the applicable directory. Verizon shall process any corrections made by TNCI with respect to its listings , provided such corrections are received prior to the close date of the particular directory. Indemnification. TNCI shall adhere to all practices, standards, and ethical requirements established by Verizon with regard to listings. By providing Verizon with Listing Information , TNCI warrants to Verizon that TNCI has the right to provide such Listing Information to Verizon on behalf of its Customers. TNCI shall make commercially reasonable efforts to ensure that any business or person to be listed is authorized and has the right (a) to provide the product or service offered and (b) to use any personal or corporate name, trade name, trademark, service mark or language used in the listing. TNCI agrees to release, defend, hold TNCIIO Comp v2.7h.doc harmless and indemnify Verizon from and against any and all claims , losses, damages, suits, or other actions, or any liability whatsoever, suffered, made, instituted, or asserted by any person arising out of Verizon s publication or dissemination of the Listing Information as provided by TNCI hereunder. Liability. Verizon s liability to TNCI in the event of a Verizon error in or omission of a TNCI Customer listing shall not exceed the amount to which Verizon would be liable to its own Customer for such error or omission. TNCI agrees to take all reasonable steps, including, but not limited to, entering into appropriate contractual provisions with its Customers, to ensure that its and Verizon s liability to TNCI' Customers in the event of a Verizon error in or omission of a listing shall be subject to the same limitations of liability applicable between Verizon and its own Customers as set forth in Verizon s applicable Tariffs. Service Information Pages. Verizon shall include all TNCI NXX codes associated with the geographic areas to which each directory pertains, to the extent it does so for Verizon s own NXX codes, in any lists of such codes that are contained in the general reference portion of each directory. TNCl's NXX codes shall appear in such lists in the same manner as Verizon s NXX information. In addition , when TNCI is authorized to, and is offering, local service to Customers located within the geographic area covered by a specific directory, at TNCl's request, Verizon shall include, at no charge, in the "Customer Guide" or comparable section of the applicable alphabetical directories, TNCl's critical contact information for TNCl's installation , repair and Customer service, as provided by TNCI. Such critical contact information shall appear alphabetically by local exchange carrier and in accordance with Verizon s generally applicable policies. TNCI shall be responsible for providing the necessary information to Verizon by the applicable close date for each affected directory. Directory Publication. Nothing in this Agreement shall require Verizon to publish a directory where it would not otherwise do so. Other Directory Services. TNCI acknowledges that if TNCI desires directory services in addition to those described herein , such additional services must be obtained under separate agreement with Verizon s directory publishing company. Voice Information Service Traffic For purposes of this Section 5, (a) Voice Information Service means a service that provides (i) recorded voice announcement information or (ii) a vocal discussion program open to the public , and (b) Voice Information Service Traffic means intraLA T A switched voice traffic, delivered to a Voice Information Service. Voice Information Service Traffic does not include any form of Internet Traffic. Voice Information Service Traffic also does not include 555 traffic or similar traffic with AIN service interfaces, which traffic shall be subject to separate arrangements between the Parties. Voice Information Service Traffic is not subject to Reciprocal Compensation charges under Section 7 of the Interconnection Attachment. TNCIID Comp v2.7h.doc If a TNCI Customer is served by resold Verizon dial tone line Telecommunications Service or a Verizon Local Switching UNE , to the extent reasonably feasible, Verizon will route Voice Information Service Traffic originating from such Service or UNE to the appropriate Voice Information Service connected to Verizon s network unless a feature blocking such Voice Information Service Traffic has been installed. For such Voice Information Service Traffic, TNCI shall pay to Verizon without discount any Voice Information Service provider charges billed by Verizon to TNCI. TNCI shall pay Verizon such charges in full regardless of whether or not TNCI collects such charges from its Customer. TNCI shall have the option to route Voice Information Service Traffic that originates on its own network to the appropriate Voice Information Service connected to Verizon s network. In the event TNCI exercises such option , TNCI will establish, at its own expense, a dedicated trunk group to the Verizon Voice Information Service serving switch. This trunk group will be utilized to allow TNCI to route Voice Information Service Traffic originated on its network to Verizon. For such Voice Information Service Traffic, unless TNCI has entered into a written agreement with Verizon under which TNCI will collect from TNCl's Customer and remit to Verizon the Voice Information Service provider s charges, TNCI shall pay to Verizon without discount any Voice Information Service provider charges billed by Verizon to TNCI. TNCI shall pay Verizon such charges in full regardless of whether or not TNCI collects such charges from its own Customer. Intercept and Referral Announcements When a Customer changes its service provider from Verizon to TNCI, or from TNCI to Verizon, and does not retain its original telephone number, the Party formerly providing service to such Customer shall provide a referral announcement ("Referral Announcement") on the abandoned telephone number which provides the Customer s new number or other appropriate information, to the extent known to the Party formerly providing service. Notwithstanding the foregoing, a Party shall not be obligated under this Section to provide a Referral Announcement if the Customer owes the Party unpaid overdue amounts or the Customer requests that no Referral Announcement be provided. Referral Announcements shall be provided , in the case of business Customers for a period of not less than one hundred and twenty (120) days after the date the Customer changes its telephone number, and, in the case of residential Customers, not less than thirty (30) days after the date the Customer changes its telephone number; provided that if a longer time period is required by Applicable Law, such longer time period shall apply. Except as otherwise provided by Applicable Law, the period for a referral may be shortened by the Party formerly providing service if a number shortage condition requires reassignment of the telephone number. This referral announcement will be provided by each Party at no charge to the other Party; provided that the Party formerly providing service may bill the Customer its standard Tariff charge, if any, for the referral announcement. Originating Line Number Screening (OLNS) Upon TNCl's request, Verizon will update its database used to provide originating line number screening (the database of information which indicates to an operator the acceptable billing methods for calls originating from the calling number (e., penal institutions, COCOTS). TNCI 10 Comp v2.7h.doc Operations Support Systems (OSS) Services Definitions. The terms listed below shall have the meanings stated below: 1.4 Verizon Operations Support Systems : Verizon systems for pre- ordering, ordering, provisioning, maintenance and repair, and billing. Verizon OSS Services : Access to Verizon Operations Support Systems functions. The term "Verizon OSS Services" includes, but is not limited to: (a) Verizon s provision of TNCI Usage Information to TNCI pursuant to Section 8.3 of this Attachment; and, (b) "Verizon OSS Information , as defined in Section 8.1.4 of this Attachment. Verizon OSS Facilities : Any gateways, interfaces, databases facilities, equipment, software, or systems, used by Verizon to provide Verizon OSS Services to TNCI. Verizon OSS Information: Any information accessed by, or disclosed or provided to , TNCI through or as a part of Verizon ass Services. The term "Verizon OSS Information" includes, but is not limited to: (a) any Customer Information related to a Verizon Customer or a TNCI Customer accessed by, or disclosed or provided to, TNCI through or as a part of Verizon OSS Services; and, (b) any TNCI Usage Information (as defined in Section 8.6 of this Attachment) accessed by, or disclosed or provided to, TNCI. Verizon Retail Telecommunications Service: Any Telecommunications Service that Verizon provides at retail to subscribers that are not Telecommunications Carriers. The term "Verizon Retail Telecommunications Service" does not include any Exchange Access service (as defined in Section 3(16) of the Act, 47 U.C. ~ 153(16)) provided by Verizon. TNCI Usage Information: For a Verizon Retail Telecommunications Service purchased by TNCI pursuant to the Resale Attachment, the usage information that Verizon would record if Verizon was furnishing such Verizon Retail Telecommunications Service to a Verizon end- user retail Customer. For a Verizon Local Switching Network Element purchased by TNCI pursuant to the Network Element Attachment, the usage information that Verizon would record if Verizon was using such Local Switching Network Element to furnish a Verizon Retail Telecommunications Service to a Verizon end-user retail Customer. Customer Information : CPNI of a Customer and any other non-public individually identifiable information about a Customer or the purchase by a Customer of the services or products of a Party. Verizon OSS Services. TNCIIO Comp v2.7h.doc Upon request by TNCI, Verizon shall provide to TNCI Verizon OSS Services. Such Verizon OSS Services will be provided in accordance with , but only to the extent required by, Applicable Law. Subject to the requirements of Applicable Law, Verizon Operations Support Systems , Verizon Operations Support Systems functions Verizon OSS Facilities, Verizon OSS Information , and the Verizon OSS Services that will be offered by Verizon, shall be as determined by Verizon. Subject to the requirements of Applicable Law, Verizon shall have the right to change Verizon Operations Support Systems Verizon Operations Support Systems functions, Verizon OSS Facilities, Verizon OSS Information , and the Verizon OSS Services from time-to-time, without the consent of TNCI. To the extent required by Applicable Law, in providing Verizon OSS Services to TNCI, Verizon will comply with Verizon s applicable OSS Change Management Guidelines , as such Guidelines are modified from time-to-time, including, but not limited to, the provisions of the Guidelines related to furnishing notice of changes in Verizon OSS Services. Verizon s OSS Change Management Guidelines will be set out on a Verizon website. TNCI Usage Information. 3.4 8.4 Upon request by TNCI, Verizon shall provide to TNCI TNCI Usage Information. Such TNCI Usage Information will be provided in accordance with, but only to the extent required by, Applicable Law. TNCI Usage Information will be available to TNCI through the following: Daily Usage File on Data Tape. Daily Usage File through Network Data Mover (NDM). TNCI Usage Information will be provided in an Alliance for Telecommunications Industry Solutions EMI format. Daily Usage File Data Tapes provided pursuant to Section 8.1 of this Attachment will be issued each Business Day. Except as stated in this Section 8., subject to the requirements of Applicable Law, the manner in which, and the frequency with which TNCI Usage Information will be provided to TNCI shall be determined by Verizon. 8.4. Access to and Use of Verizon OSS Facilities. 8.4. 8.4.4 TNCIIO Comp v2.7h.doc Verizon OSS Facilities may be accessed and used by TNCI only to the extent necessary for TNCl's access to and use of Verizon OSS Services pursuant to this Agreement. Verizon OSS Facilities may be accessed and used by TNCI only to provide Telecommunications Services to TNCI Customers. TNCI shall restrict access to and use of Verizon OSS Facilities to TNCI. This Section 8 does not grant to TNCI any right or license to grant sublicenses to other persons, or permission to other persons (except TNCl's employees, agents and contractors, in accordance with Section 8.4.7 of this Attachment), to access or use Verizon OSS Facilities. TNCI shall not (a) alter, modify or damage the Verizon OSS Facilities (including, but not limited to, Verizon software), (b) copy, remove 8.4. 8.4. 8.4. derive , reverse engineer, or decompile , software from the Verizon OSS Facilities, or (c) obtain access through Verizon OSS Facilities to Verizon databases, facilities, equipment, software, or systems, which are not offered for TNCI's use under this Section 8. TNCI shall comply with all practices and procedures established by Verizon for access to and use of Verizon OSS Facilities (including, but not limited to , Verizon practices and procedures with regard to security and use of access and user identification codes). All practices and procedures for access to and use of Verizon OSS Facilities, and all access and user identification codes for Verizon OSS Facilities: (a) shall remain the property of Verizon; (b) shall be used by TNCI only in connection with TNCI's use of Verizon OSS Facilities permitted by this Section 8; (c) shall be treated by TNCI as Confidential Information of Verizon pursuant to Section 10 of the General Terms and Conditions; and , (d) shall be destroyed or returned by TNCI to Verizon upon the earlier of request by Verizon or the expiration or termination of this Agreement. TNCl's employees, agents and contractors may access and use Verizon OSS Facilities only to the extent necessary for TNCl's access to and use of the Verizon OSS Facilities permitted by this Agreement. Any access to or use of Verizon OSS Facilities by TNCl's employees agents, or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 10 of the General Terms and Conditions and Section 8.2 of this Attachment. Verizon OSS Information. TNCI 10 Comp v2.7h.doc Subject to the provisions of this Section 8, in accordance with, but only to the extent required by, Applicable Law, Verizon grants to TNCI a non-exclusive license to use Verizon OSS Information. All Verizon OSS Information shall at all times remain the property of Verizon. Except as expressly stated in this Section 8, TNCI shall acquire no rights in or to any Verizon OSS Information. The provisions of this Section 8.3 shall apply to all Verizon OSS Information, except (a) TNCI Usage Information, (b) CPNI of TNCI and (c) CPNI of a Verizon Customer or a TNCI Customer, to the extent the Customer has authorized TNCI to use the CPNI. Verizon OSS Information may be accessed and used by TNCI only to provide Telecommunications Services to TNCI Customers. TNCI shall treat Verizon OSS Information that is designated by Verizon, through written or electronic notice (including, but not limited to, through the Verizon OSS Services), as Confidential" or "Proprietary" as Confidential Information of Verizon pursuant to Section 10 of the General Terms and Conditions. Except as expressly stated in this Section 8, this Agreement does not grant to TNCI any right or license to grant sublicenses to other persons, or permission to other 5.4 TNCIIO Comp v2.7h.doc 3.4 persons (except TNCl's employees , agents or contractors in accordance with Section 8.3.4 of this Attachment), to access, use or disclose Verizon OSS Information. TNCl's employees, agents and contractors may access use and disclose Verizon OSS Information only to the extent necessary for TNCI's access to, and use and disclosure of, Verizon OSS Information permitted by this Section 8. Any access to, or use or disclosure of, Verizon OSS Information by TNCl's employees , agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 10 of the General Terms and Conditions and Section 8.2 of this Attachment. TNCl's license to use Verizon OSS Information shall expire upon the earliest of: (a) the time when the Verizon OSS Information is no longer needed by TNCI to provide Telecommunications Services to TNCI Customers; (b) termination of the license in accordance with this Section 8; or (c) expiration or termination of this Agreement. All Verizon OSS Information received by TNCI shall be destroyed or returned by TNCI to Verizon, upon expiration suspension or termination of the license to use such Verizon OSS Information. Unless sooner terminated or suspended in accordance with this Agreement or this Section 8 (including, but not limited to, Section 2. of the General Terms and Conditions and Section 8.1 of this Attachment), TNCl's access to Verizon OSS Information through Verizon OSS Services shall terminate upon the expiration or termination of this Agreement. Audits. Verizon shall have the right (but not the obligation) to audit TNCI to ascertain whether TNCI is complying with the requirements of Applicable Law and this Agreement with regard to TNCI 's access to, and use and disclosure of Verizon ass Information. Without in any way limiting any other rights Verizon may have under this Agreement or Applicable Law, Verizon shall have the right (but not the obligation) to monitor TNCI ' access to and use of Verizon OSS Information which is made available by Verizon to TNCI pursuant to this Agreement, to ascertain whether TNCI is complying with the requirements of Applicable Law and this Agreement, with regard to TNCI 's access to, and use and disclosure of such Verizon OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor TNCI 's access to and use of Verizon OSS Information which is made available by Verizon to TNCI through Verizon OSS Facilities. Information obtained by Verizon pursuant to this Section 5 shall be treated by Verizon as Confidential Information of TNCI pursuant to Section 10 of the General Terms and Conditions; provided that, Verizon shall have the right (but not the obligation) to use and disclose information obtained by Verizon pursuant to Section 8.5 of this Attachment to enforce Verizon s rights under this Agreement or Applicable Law. TNCI acknowledges that the Verizon OSS Information,' by its nature, is updated and corrected on a continuous basis by Verizon, and therefore that Verizon OSS Information is subject to change from time to time. Liabilities and Remedies. Any breach by TNCI, or TNCl's employees , agents or contractors, of the provisions of Sections 8.4 or 8.5 of this Attachment shall be deemed a material breach of this Agreement. In addition, if TNCI or an employee, agent or contractor of TNCI at any time breaches a provision of Sections 8.4 or 8.5 of this Attachment and such breach continues for more than ten (10) days after written notice thereof from Verizon, then, except as otherwise required by Applicable Law Verizon shall have the right, upon notice to TNCI, to suspend the license to use Verizon OSS Information granted by Section 8.1 of this Attachment and/or the provision of Verizon OSS Services, in whole or in part. TNCI agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 of this Attachment by TNCI or the employees agents or contractors of TNCI, and that Verizon shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity. Relation to Applicable Law. The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the confidentiality of information shall be in addition to and not in derogation of any provisions of Applicable Law with regard to the confidentiality of information including, but not limited to , 47 U.C. 9 222, and are not intended to constitute a waiver by Verizon of any right with regard to protection of the confidentiality of the information of Verizon or Verizon Customers provided by Applicable Law. Cooperation. TNCI, at TNCl's expense , shall reasonably cooperate with Verizon in using Verizon OSS Services. Such cooperation shall include, but not be limited to, the following: Upon request by Verizon , TNCI shall by no later than the fifteenth (15th) day of the last month of each Calendar Quarter submit to Verizon reasonable, good faith estimates of the volume of each type of OSS transaction that TNCI anticipates submitting in each week of the next Calendar Quarter. TNCIIO Comp v2.7h.doc TNCI shall reasonably cooperate with Verizon in submitting orders for Verizon Services and otherwise using the Verizon OSS Services, in order to avoid exceeding the capacity or capabilities of such Verizon OSS Services. TNCI shall participate in cooperative testing of Verizon OSS Services and shall provide assistance to Verizon in identifying and correcting mistakes , omissions, interruptions, delays, errors, defects, faults failures , or other deficiencies, in Verizon OSS Services. Verizon Access to Information Related to TNCI Customers. Verizon shall have the right to access, use and disclose information related to TNCI Customers that is in Verizon s possession (including, but not limited to, in Verizon OSS Facilities) to the extent such access use and/or disclosure has been authorized by the TNCI Customer in the manner required by Applicable Law. Upon request by Verizon, TNCI shall negotiate in good faith and enter into a contract with Verizon, pursuant to which Verizon may obtain access to TNCl's operations support systems (including, systems for pre-ordering, ordering, provisioning, maintenance and repair, and billing) and information contained in such systems, to permit Verizon to obtain information related to TNCI Customers (as authorized by the applicable TNCI Customer), to permit Customers to transfer service from one Telecommunications Carrier to another, and for such other purposes as may be permitted by Applicable Law. 10. Verizon Pre-OSS Services. 10. 10. 10.4 TNCIIO Comp v2.7h.doc As used in this Section 8 , " Verizon Pre-OSS Service" means a service which allows the performance of an activity which is comparable to an activity to be performed through a Verizon OSS Service and which Verizon offers to provide to TNCI prior to, or in lieu of, Verizon provision of the Verizon OSS Service to TNCI. The term "Verizon Pre- OSS Service" includes, but is not limited to, the activity of placing orders for Verizon Services through a telephone facsimile communication. Subject to the requirements of Applicable Law, the Verizon Pre-OSS Services that will be offered by Verizon shall be as determined by Verizon and Verizon shall have the right to change Verizon Pre-OSS Services, from time-to-time , without the consent of TNCI. Subject to the requirements of Applicable Law, the rates for Verizon Pre-OSS Services shall be as determined by Verizon and shall be subject to change by Verizon from time to time. The provisions of Sections 8.4 through 8.8 of this Attachment shall also apply to Verizon Pre-OSS Services. For the purposes of this Section 8.10: (a) references in Sections 8.4 through 8.8 of this Attachment to Verizon OSS Services shall be deemed to include Verizon Pre-OSS Services; and , (b) references in Sections 8.4 through 8 of this Attachment to Verizon OSS Information shall be deemed to include information made available to TNCI through Verizon Pre-OSS Services. Cancellations. Verizon may cancel orders for service which have had no activity within thirty-one (31) consecutive calendar days after the original service due date. Poles , Ducts, Conduits and Rights-of-Way 10. Verizon shall afford TNCI non-discriminatory access to poles, ducts, conduits and rights-of-way owned or controlled by Verizon. Such access shall be provided in accordance with , but only to the extent required by, Applicable Law, pursuant to Verizon s applicable Tariffs , or, in the absence of an applicable Verizon Tariff Verizon s generally offered form of license agreement, or, in the absence of such a Tariff and license agreement, a mutually acceptable agreement to be negotiated by the Parties. TNCI shall afford Verizon non-discriminatory access to poles , ducts, conduits and rights-of-way owned or controlled by TNCI. Such access shall be provided pursuant to TNCl's applicable Tariffs , or, in the absence of an applicable TNCI Tariff, TNCl's generally offered form of license agreement, or, in the absence of such a Tariff and license agreement, a mutually acceptable agreement to be negotiated by the Parties. The terms, conditions and prices offered to Verizon by TNCI for such access shall be no less favorable than the terms, conditions and prices offered to TNCI by Verizon for access to poles, ducts, conduits and rights of way owned or controlled by Verizon. 10. Telephone Numbers 10.2 10. 10.4 This Section applies in connection with TNCI Customers served by Telecommunications Services provided by Verizon to TNCI for resale or a Local Switching Network Element provided by Verizon to TNCI. TNCl's use of telephone numbers shall be subject to Applicable Law the rules of the North American Numbering Council and the North American Numbering Plan Administrator, the applicable provisions of this Agreement (including, but not limited to, this Section 10), and Verizon s practices and procedures for use and assignment of telephone numbers, as amended from time-to-time. Subject to Sections 10.2 and 10.4 of this Attachment, if a Customer of either Verizon or TNCI who is served by a Verizon Telecommunications Service ("VTS") or a Verizon Local Switching Network Element ("VLSNE") changes the LEC that serves the Customer using such VTS or VLSNE (including a change from Verizon to TNCI, from TNCI to Verizon, or from TNCI to a LEC other than Verizon), after such change, the Customer may continue to use with such VTS or VLSNE the telephone numbers that were assigned to the VTS or VLSNE for the use of such Customer by Verizon immediately prior to the change. Verizon shall have the right to change the telephone numbers used by a Customer if at any time: (a) the Customer requests service at a new location that is not served by the Verizon switch and the Verizon rate center from which the Customer previously had service; (b) continued use of the telephone numbers is not technically feasible; or, (c) in the case of Telecommunications Service provided by Verizon to TNCI for resale , the type or class of service subscribed to by the Customer changes. 10.If service on a VTS or VLSNE provided by Verizon to TNCI under this Agreement is terminated and the telephone numbers associated with such VTS or VLSNE have not been ported to a TNCI switch , the telephone numbers shall be available TNCIIO Comp v2.7h.doc for reassignment by Verizon to any person to whom Verizon elects to assign the telephone numbers , including, but not limited to , Verizon, Verizon Customers TNCI, or Telecommunications Carriers other than Verizon and TNCI. 10.TNCI may reserve telephone numbers only to the extent Verizon s Customers may reserve telephone numbers. 11.Routing for Operator Services and Directory Assistance Traffic For a Verizon Telecommunications Service dial tone line purchased by TNCI for resale pursuant to the Resale Attachment, upon request by TNCI, Verizon will establish an arrangement that will permit TNCI to route the TNCI Customer s calls for operator and directory assistance services to a provider of operator and directory assistance services selected by TNCI. Verizon will provide this routing arrangement in accordance with, but only to the extent required by, Applicable Law. Verizon will provide this routing arrangement pursuant to an appropriate written request submitted by TNCI and a mutually agreed-upon schedule. This routing arrangement will be implemented at TNCl' expense , with charges determined on an individual case basis. In addition to charges for initially establishing the routing arrangement, TNCI will be responsible for ongoing monthly and/or usage charges for the routing arrangement. TNCI shall arrange, at its own expense , the trunking and other facilities required to transport traffic to TNCl's selected provider of operator and directory assistance services. 12.Good Faith Performance If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with TNCI reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such Service; and, if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. TNCIIO Comp v2.7h.doc INTERCONNECTION ATTACHMENT General Each Party shall provide to the other Party, in accordance with this Agreement, but only to the extent required by Applicable Law, interconnection at (i) any technically feasible Point(s) of Interconnection on Verizon s network in a LATA and/or (ii) a fiber meet point to which the Parties mutually agree under the terms of this Agreement, for the transmission and routing of Telephone Exchange Service and Exchange Access. By way of example a technically feasible Point of Interconnection on Verizon s network in a LATA would include an applicable Verizon Tandem Wire Center or Verizon End Office Wire Center but, notwithstanding any other provision of this Agreement or otherwise, would not include a TNCI Wire Center, TNCI switch or any portion of a transport facility provided by Verizon to TNCI or another party between (x) a Verizon Wire Center or switch and (y) the Wire Center or switch of TNCI or another party. For brevity s sake, the foregoing examples of locations that, respectively, are and are not "on Verizon s network" shall apply (and are hereby incorporated by reference) each time the term "on Verizon network" is used in this Agreement. Points of Interconnection and Trunk Types Point(s) of Interconnection. Each Party, at its own expense, shall provide transport facilities to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA selected by TNCI. Trunk Types. In interconnecting their networks pursuant to this Attachment, the Parties will use , as appropriate, the following separate and distinct trunk groups: TNCIIO Comp v2.7h.doc Interconnection Trunks for the transmission and routing of Reciprocal Compensation Traffic, translated LEC IntraLA T A toll free service access code (e., 800/888/877) traffic, and IntraLATA Toll Traffic, between their respective Telephone Exchange Service Customers, Tandem Transit Traffic, and Measured Internet Traffic, all in accordance with Sections 5 through 8 of this Attachment; Access Toll Connecting Trunks for the transmission and routing of Exchange Access traffic, including translated InterLATA toll free service access code (e., 800/888/877) traffic, between TNCI Telephone Exchange Service Customers and purchasers of Switched Exchange Access Service via a Verizon access Tandem in accordance with Sections 9 through 11 of this Attachment; and Miscellaneous Trunk Groups as mutually agreed to by the Parties, including, but not limited to: (a) choke trunks for traffic congestion and testing; and, (b) untranslated IntraLATA/lnterLATA toll free service access code (e. 800/888/877) traffic. 2.4 Other types of trunk groups may be used by the Parties as provided in other Attachments to this Agreement (e., 911/E911 Trunks; Information Services Trunks) or in other separate agreements between the Parties (e., Directory Assistance Trunks, Operator Services Trunks, BLV/BLVI Trunks or Trunks for 500/555 traffic). In accordance with the terms of this Agreement, the Parties will deploy One-Way Interconnection Trunks (trunks with traffic going in one direction, including one-way trunks and uni-directional two-way trunks) and/or Two-Way Interconnection Trunks (trunks with traffic going in both directions). TNCI shall establish , at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA, separate Interconnection Trunk group(s) between such POles) and each Verizon Tandem in a LATA with a subtending End Office(s) to which TNCI originates calls for Verizon to terminate. In the event the volume of traffic between a Verizon End Office and a technically feasible Point of Interconnection on Verizon s network in a LATA, which is carried by a Final Tandem Interconnection Trunk group, exceeds the Centium Call Second (Hundred Call Second) busy hour equivalent of one (1) DS1 at any time and/or 200,000 minutes of use for a single month: (a) if One-Way Interconnection Trunks are used , the originating Party shall promptly establish new or augment existing End Office One-Way Interconnection Trunk groups between the Verizon End Office and the technically feasible Point of Interconnection on Verizon s network; or, (b) if Two-Way Interconnection Trunks are used, TNCI shall promptly submit an ASR to Verizon to establish new or augment existing End Office Two-Way Interconnection Trunk group(s) between that Verizon End Office and the technically feasible Point of Interconnection on Verizon s network. Except as otherwise agreed in writing by the Parties, the total number of Tandem Interconnection Trunks between a technically feasible Point of Interconnection on Verizon s network and a Verizon Tandem will be limited to a maximum of 240 trunks. In the event that the volume of traffic between a technically feasible Point of Interconnection on Verizon s network and a Verizon Tandem exceeds or reasonably can be expected to exceed, the capacity of the 240 trunks, TNCI shall promptly submit an ASR to Verizon to establish new or additional End Office Trunks to insure that the volume of traffic between the technically feasible Point of Interconnection on Verizon network and the Verizon Tandem does not exceed the capacity of the 240 trunks. One-Way Interconnection Trunks. TNCIIO Comp v2.7h.doc Where the Parties use One-Way Interconnection Trunks for the delivery of traffic from TNCI to Verizon , TNCI, at TNCI's own expense shall: provide its own facilities for delivery of the traffic to the technically feasible Point(s) of Interconnection on Verizon network in a LATA; and/or 2.4 obtain transport for delivery of the traffic to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA (a) from a third-party, or, (b) if Verizon offers such transport pursuant to this Agreement or an applicable Verizon Tariff, from Verizon; and/or For each Tandem or End Office One-Way Interconnection Trunk group for delivery of traffic from TNCI to Verizon with a utilization level of less than sixty percent (60%), unless the Parties agree otherwise, TNCI will promptly submit ASRs to disconnect a sufficient number of Interconnection Trunks to attain a utilization level of approximately sixty percent (60%). In the event TNCI fails to submit an ASR to disconnect One-Way Interconnection Trunks as required by this Section , Verizon may bill (and to TNCI shall pay) for the excess Interconnection Trunks at the rates set forth in the Pricing Attachment. Where the Parties use One-Way Interconnection Trunks for the delivery of traffic from Verizon to TNCI, Verizon, at Verizon s own expense, shall provide its own facilities for delivery of the traffic to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA. 2.4. Two-Way Interconnection Trunks. 2.4. 2.4. TNCIID Comp v2.7h.doc Where the Parties use Two-Way Interconnection Trunks for the exchange of traffic between Verizon and TNCI, TNCI, at its own expense, shall: 2.4.provide its own facilities to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA; and/or 2.4.obtain transport to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA (a) from a third-party, or, (b) if Verizon offers such transport pursuant to this Agreement or an applicable Verizon Tariff, from Verizon. Where the Parties use Two-Way Interconnection Trunks for the exchange of traffic between Verizon and TNCI, Verizon , at its own expense, shall provide its own facilities to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA. Prior to establishing any Two-Way Interconnection Trunks, TNCI shall meet with Verizon to conduct a joint planning meeting ("Joint Planning Meeting ). At that Joint Planning Meeting, each Party shall provide to the other Party originating Centium Call Second (Hundred Call Second) information , and the Parties shall mutually agree on the appropriate initial number of End Office and Tandem Two-Way Interconnection Trunks and the interface specifications at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA at which the Parties interconnect for the exchange of traffic. Where the Parties have agreed to convert existing One-Way Interconnection Trunks to Two-Way Interconnection Trunks, at the Joint Planning Meeting, the Parties shall also mutually agree on the conversion process and project intervals for conversion of such One- Way Interconnection Trunks to Two-Way Interconnection Trunks. 2.4.4 2.4. 2.4. 2.4. 2.4. 2.4. 2.4. TNCIID Comp v2.7h.doc On a semi-annual basis, TNCI shall submit a good faith forecast to Verizon of the number of End Office and Tandem Two-Way Interconnection Trunks that TNCI anticipates Verizon will need to provide during the ensuing two (2) year period for the exchange of traffic between TNCI and Verizon. TNCl's trunk forecasts shall conform to the Verizon CLEC trunk forecasting guidelines as in effect at that time. The Parties shall meet (telephonically or in person) from time to time as needed , to review data on End Office and Tandem Two-Way Interconnection Trunks to determine the need for new trunk groups and to plan any necessary changes in the number of Two-Way Interconnection Trunks. Two-Way Interconnection Trunks shall have SS7 Common Channel Signaling. The Parties agree to utilize B8ZS and Extended Super Frame (ESF) DS1 facilities, where available. With respect to End Office Two-Way Interconnection Trunks, both Parties shall use an economic Gentium Call Second (Hundred Call Second) equal to five (5). Two-Way Interconnection Trunk groups that connect to a Verizon access Tandem shall be engineered using a design blocking objective of Neal-Wilkinson B.005 during the average time consistent busy hour. Two-Way Interconnection Trunk groups that connect to a Verizon local Tandem shall be engineered using a design blocking objective of Neal-Wilkinson B.01 during the average time consistent busy hour. Verizon and TNCI shall engineer Two-Way Interconnection Trunks using BOC Notes on the LEC Networks SR- TSV-002275. The performance standard for final Two-Way Interconnection Trunk groups shall be that no such Interconnection Trunk group will exceed its design blocking objective (B.005 or B., as applicable) for three (3) consecutive calendar traffic study months. TNCI shall determine and order the number of Two-Way Interconnection Trunks that are required to meet the applicable design blocking objective for all traffic carried on each Two-Way Interconnection Trunk group. TNCI shall order Two-Way Interconnection Trunks by submitting ASRs to Verizon setting forth the number of Two-Way Interconnection Trunks to be installed and the requested installation dates within Verizon s effective standard intervals or negotiated intervals, as appropriate. TNCI shall complete ASRs in accordance with OBF Guidelines as in effect from time to time. Verizon may (but shall not be obligated to) monitor Two-Way Interconnection Trunk groups using service results for the applicable design blocking objective. If Verizon observes blocking in excess of the applicable design objective on any Tandem Two-Way Interconnection Trunk group and TNCI has not notified Verizon that it has corrected such blocking, Verizon may submit to TNCI a Trunk Group Service Request directing TNCI to remedy the blocking. Upon receipt of a Trunk Group Service Request, TNCI will complete an ASR to establish or augment the End Office Two-Way Interconnection Trunk group(s), or, if mutually agreed, to augment the Tandem Two- 2.4. 2.4. 2.4. Way Interconnection Trunk group with excessive blocking and submit the ASR to Verizon within five (5) Business Days. The Parties will review all Tandem Two-Way Interconnection Trunk groups that reach a utilization level of seventy percent (10%), or greater, to determine whether those groups should be augmented. TNCI will promptly augment all Tandem Two-Way Interconnection Trunk groups that reach a utilization level of eighty percent (80%) by submitting ASRs for additional trunks sufficient to attain a utilization level of approximately seventy percent (10%), unless the Parties agree that additional trunking is not required. For each Tandem Two-Way Interconnection Trunk group with a utilization level of less than sixty percent (60%), unless the Parties agree otherwise, TNCI will promptly submit ASRs to disconnect a sufficient number of Interconnection Trunks to attain a utilization level of approximately sixty percent (60%) for each respective group, unless the Parties agree that the Two-Way Interconnection Trunks should not be disconnected. In the event TNCI fails to submit an ASR for Two-Way Interconnection Trunks in conformance with this Section, Verizon may bill TNCI for the excess Interconnection Trunks at the applicable Verizon rates. Because Verizon will not be in control of when and how many Two- Way Interconnection Trunks are established between its network and TNCI's network, Verizon s performance in connection with these Two- Way Interconnection Trunk groups shall not be subject to any performance measurements and remedies under this Agreement, and except as otherwise required by Applicable Law, under any FCC or Commission approved carrier-to-carrier performance assurance guidelines or plan. TNCI will route its traffic to Verizon over the End Office and Tandem Two-Way Interconnection Trunks in accordance with SR- T AP-000191 , including but not limited to those standards requiring that a call from TNCI to a Verizon End Office will first be routed to the End Office Interconnection Trunk group between TNCI and the Verizon End Office. Alternative Interconnection Arrangements In addition to the foregoing methods of Interconnection, and subject to mutual agreement of the Parties, the Parties may agree to establish a Fiber Meet arrangement. The establishment of any Fiber Meet arrangement is expressly conditioned upon the Parties' reaching prior written agreement on routing, appropriate sizing and forecasting, equipment, ordering, provisioning, maintenance, repair, testing, augment, and compensation, procedures and arrangements, reasonable distance limitations, and on any other arrangements necessary to implement the Fiber Meet arrangement. Except as otherwise agreed by the Parties, Fiber Meet arrangements shall be used only for the termination of Reciprocal Compensation Traffic, Measured Internet Traffic, and IntraLATA Toll Traffic. Initiating Interconnection TNCIID Comp v2.7h.doc If TNCI determines to offer Telephone Exchange Services and to interconnect with Verizon in any LATA in which Verizon also offers Telephone Exchange Services and in which the Parties are not already interconnected pursuant to this Agreement, TNCI shall provide written notice to Verizon of the need to establish Interconnection in such LATA pursuant to this Agreement. The notice provided in Section 4.1 of this Attachment shall include (a) the initial Routing Point(s); (b) the applicable technically feasible Point(s) of Interconnection on Verizon s network to be established in the relevant LATA in accordance with this Agreement; (c) TNCI's intended Interconnection activation date; (d) a forecast of TNCl's trunking requirements conforming to Section 14. of this Attachment; and (e) such other information as Verizon shall reasonably request in order to facilitate Interconnection. The interconnection activation date in the new LATA shall be mutually agreed to by the Parties after receipt by Verizon of all necessary information as indicated above. Within ten (10) Business Days of Verizon s receipt of TNCl's notice provided for in Section 4.1 of this Attachment, Verizon and TNCI shall confirm the technically feasible Point of Interconnection on Verizon s network in the new LATA and the mutually agreed upon Interconnection activation date for the new LATA. Transmission and Routing of Telephone Exchange Service Traffic Scope of Traffic. Section 5 prescribes parameters for Interconnection Trunks used for Interconnection pursuant to Sections 2 through 4 of this Attachment. Trunk Group Connections and Ordering. For both One-Way and Two-Way Interconnection Trunks , if TNCI wishes to use a technically feasible interface other than a DS1 or a DS3 facility at the POI, the Parties shall negotiate reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such arrangement; and, if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. When One-Way or Two-Way Interconnection Trunks are provisioned using a DS3 interface facility, if TNCI orders the multiplexed DS3 facilities to a Verizon Central Office that is not designated in the NECA 4 Tariff as the appropriate Intermediate Hub location (i.e., the Intermediate Hub location in the appropriate Tandem subtending area based on the LERG), and the provision of such facilities to the subject Central Office is technically feasible , the Parties shall negotiate in good faith reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such arrangement; and, if the Parties cannot agree to such terms and conditions (including, without limitation , rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. Each Party will identify its Carrier Identification Code, a three or four digit numeric code obtained from Telcordia, to the other Party when ordering a trunk group. TNCIID Comp v2.7h.doc 2.4 When SSl signaling is not used, unless mutually agreed to by both Parties, each Party will outpulse ten (10) digits to the other Party. Each Party will use commercially reasonable efforts to monitor trunk groups under its control and to augment those groups using generally accepted trunk-engineering standards so as to not exceed blocking objectives. Each Party agrees to use modular trunk-engineering techniques for trunks subject to this Attachment. Switching System Hierarchy and Trunking Requirements. For purposes of routing TNCI traffic to Verizon, the subtending arrangements between Verizon Tandem Switches and Verizon End Office Switches shall be the same as the Tandem/End Office subtending arrangements Verizon maintains for the routing of its own or other carriers' traffic (Le., traffic will be routed to the appropriate Verizon Tandem subtended by the terminating End Office serving the Verizon Customer). For purposes of routing Verizon traffic to TNCI, the subtending arrangements between TNCI Tandem Switches and TNCI End Office Switches shall be the same as the Tandem/End Office subtending arrangements that TNCI maintains for the routing of its own or other carriers' traffic. 5.4 Signaling. Each Party will provide the other Party with access to its databases and associated signaling necessary for the routing and completion of the other Party s traffic in accordance with the provisions contained in the Unbundled Network Element Attachment or applicable access tariff. Grades of Service. The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 14.1 of this Attachment. Traffic Measurement and Billing over Interconnection Trunks For billing purposes, each Party shall pass Calling Party Number (CPN) information on at least ninety-five percent (95%) of calls carried over the Interconnection Trunks. TNCIID Comp v2.7h.doc As used in this Section 6 , " Traffic Rate" means the applicable Reciprocal Compensation Traffic rate, Measured Internet Traffic rate intrastate Switched Exchange Access Service rate , interstate Switched Exchange Access Service rate, or intrastate/interstate Tandem Transit Traffic rate , as provided in the Pricing Attachment, an applicable Tariff , for Measured Internet Traffic, the FCC Internet Order. If the originating Party passes CPN on ninety-five percent (95%) or more of its calls, the receiving Party shall bill the originating Party the Traffic Rate applicable to each relevant minute of traffic for which CPN is passed. For any remaining (up to 5%) calls without CPN information, the receiving Party shall bill the originating Party for such traffic at the Traffic Rate applicable to each relevant minute of traffic, in direct proportion to the minutes of use of calls passed with CPN information. If the originating Party passes CPN on less than ninety-five percent (95%) of its calls and the originating Party chooses to combine Reciprocal Compensation Traffic and Toll Traffic on the same trunk group, the receiving Party shall bill the higher of its interstate Switched Exchange Access Service rates or its intrastate Switched Exchange Access Services rates for all traffic that is passed without CPN, unless the Parties agree that other rates should apply to such traffic. At such time as a receiving Party has the capability, on an automated basis, to use such CPN to classify traffic delivered over Interconnection Trunks by the other Party by Traffic Rate type (e., Reciprocal Compensation Traffic/Measured Internet Traffic, intrastate Switched Exchange Access Service, interstate Switched Exchange Access Service, or intrastate/interstate Tandem Transit Traffic), such receiving Party shall bill the originating Party the Traffic Rate applicable to each relevant minute of traffic for which CPN is passed. If the receiving Party lacks the capability, on an automated basis, to use CPN information on an automated basis to classify traffic delivered by the other Party by Traffic Rate type, the originating Party will supply Traffic Factor 1 and Traffic Factor 2. The Traffic Factors shall be supplied in writing by the originating Party within thirty (30) days of the Effective Date and shall be updated in writing by the originating Party quarterly. Measurement of billing minutes for purposes of determining terminating compensation shall be in conversation seconds (the time in seconds that the Parties equipment is used for a completed call , measured from the receipt of answer supervision to the receipt of disconnect supervision). Measurement of billing minutes for originating toll free service access code (e. 800/888/811) calls shall be in accordance with applicable Tariffs. Determination as to whether traffic is Reciprocal Compensation Traffic or Measured Internet Traffic shall be made in accordance with Paragraphs 8 and 19, and other applicable provisions, of the FCC Internet Order (including, but not limited to , in accordance with the rebuttable presumption established by the FCC Internet Order that traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to originating traffic is Measured Internet Traffic, and in accordance with the process established by the FCC Internet Order for rebutting such presumption before the Commission). Each Party reserves the right to audit all Traffic, up to a maximum of two audits per Calendar Year, to ensure that rates are being applied appropriately; provided, however, that either Party shall have the right to conduct additional audit(s) if the preceding audit disclosed material errors or discrepancies. Each Party agrees to provide the necessary Traffic data in conjunction with any suchaudit in a timely manner. 6.4 Nothing in this Agreement shall be construed to limit either Party s ability to designate the areas within which that Party s Customers may make calls which that Party rates as "local" in its Customer Tariffs. If and, to the extent that, a TNCI Customer receives V/FX Traffic, TNCI shall promptly provide notice thereof to Verizon (such notice to include, without limitation, the specific telephone number(s) that the Customer uses for V/FX Traffic, as well as the LATA in which the Customer s station is actually physically located) and shall not bill Verizon Reciprocal Compensation, intercarrier compensation or any other charges for calls placed by Verizon s Customers to such TNCI Customers. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act Reciprocal Compensation. TNCIID Comp v2.7h.doc The Parties shall exchange Reciprocal Compensation Traffic at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA designated in accordance with the terms of this Agreement. The Party originating Reciprocal Compensation Traffic shall compensate the terminating Party for the transport and termination of such traffic to its Customer in accordance with Section 251 (b)( 5) of the Act at the equal and symmetrical rates stated in the Pricing Attachment; it being understood and agreed that Verizon shall charge (and TNCI shall pay Verizon) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic TNCI physically delivers to a POI at the Verizon Wire Center in which the terminating Verizon End Office is located, and otherwise that Verizon shall charge (fNCI shall pay Verizon) the Tandem Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic TNCI delivers to Verizon; it also being understood and agreed that TNCI shall charge (and Verizon shall pay TNCI) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment fo Reciprocal Compensation Traffic Verizon delivers to TNCI, unless Verizon is required under Applicable Law to pay the Tandem Reciprocal Compensation rate set forth in the Pricing Attachment. These rates are to be applied at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA at which the Parties interconnect, whether such traffic is delivered by Verizon for termination by TNCI, or delivered by TNCI for termination by Verizon. No additional charges shall be assessed by the terminating Party for the transport and termination of such traffic from the technically feasible Point(s) of Interconnection on Verizon s network in a LATA to its Customer; provided however, for the avoidance of any doubt, TNCI shall also pay Verizon, at the rates set forth in the Pricing Attachment, for any multiplexing, cross connects or other collocation related Services that TNCI obtains from Verizon. When such Reciprocal Compensation Traffic is delivered over the same Interconnection Trunks as Toll Traffic, any port, transport or other applicable access charges related to the delivery of Toll Traffic from the technically feasible Point of Interconnection on Verizon s network in a LATA to the terminating Party Customer shall be prorated so as to apply only to the Toll Traffic. The designation of traffic as Reciprocal Compensation Traffic for purposes of Reciprocal Compensation shall be based on the actual originating and terminating points of the complete end-to-end communication. Traffic Not Subject to Reciprocal Compensation. Reciprocal Compensation shall not apply to interstate or intrastate Exchange Access (including, without limitation, Virtual Foreign Exchange Traffic (i.e., V/FX Traffic), Information Access, or exchange services for Exchange Access or Information Access. Reciprocal Compensation shall not apply to Internet Traffic. Reciprocal Compensation shall not apply to Toll Traffic, including, but not limited to, calls originated on a 1 + presubscription basis, or on a casual dialed (1 OXXX/1 01 XXXX) basis. 2.4 Reciprocal Compensation shall not apply to Optional Extended Local Calling Area Traffic. Reciprocal Compensation shall not apply to special access, private line, or any other traffic that is not switched by the terminating Party. Reciprocal Compensation shall not apply to Tandem Transit Traffic. TNCI ID Comp v2.7h.doc Reciprocal Compensation shall not apply to Voice Information Service Traffic (as defined in Section 5 of the Additional Services Attachment). Reciprocal Compensation shall not apply to traffic that is not subject to Reciprocal Compensation under Section 251 (b)(5) of the Act. Reciprocal Compensation shall not apply to Virtual Foreign Exchange Traffic (i., V/FX Traffic). As used in this Agreement , " Virtual Foreign Exchange Traffic" or "V/FX Traffic" is defined as calls in which a TNCI Customer is assigned a telephone number with an NXX Code (as set forth in the LERG) associated with an exchange that is different than the exchange (as set forth in the LERG) associated with the actual physical location of such Customer s station. For the avoidance of any doubt, TNCI shall pay Verizon s originating access charges for all V/FX Traffic originated by a Verizon Customer, and TNCI shall pay Verizon s terminating access charges for all V/FX Traffic originated by a TNCI Customer. The Reciprocal Compensation rates (including, but not limited to, the Reciprocal Compensation per minute of use charges) billed by TNCI to Verizon shall not exceed the Reciprocal Compensation rates (including, but not limited to Reciprocal Compensation per minute of use charges) billed by Verizon to TNCI. Other Types of Traffic Notwithstanding any other provision of this Agreement or any Tariff: (a) the Parties' rights and obligations with respect to any intercarrier compensation that may be due in connection with their exchange of Internet Traffic shall be governed by the terms of the FCC Internet Order and other applicable FCC orders and FCC Regulations; and , (b) a Party shall not be obligated to pay any intercarrier compensation for Internet Traffic that is in excess of the intercarrier compensation for Internet Traffic that such Party is required to pay under the FCC Internet Order and other applicable FCC orders and FCC Regulations. Subject to Section 8.1 of this Attachment, interstate and intrastate Exchange Access , Information Access, exchange services for Exchange Access or Information Access, and Toll Traffic, shall be governed by the applicable provisions of this Agreement and applicable Tariffs. For any traffic originating with a third party carrier and delivered by TNCI to Verizon, TNCI shall pay Verizon the same amount that such third party carrier would have been obligated to pay Verizon for termination of that traffic at the location the traffic is delivered to Verizon by TNCI. 8.4 Any traffic not specifically addressed in this Agreement shall be treated as required by the applicable Tariff of the Party transporting and/or terminating the traffic. The Parties may also exchange Internet Traffic at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA established hereunder for the exchange of Reciprocal Compensation Traffic. Any intercarrier compensation that may be due in connection with the Parties' exchange of Internet Traffic shall be applied at such technically feasible Point of Interconnection on Verizon network in a LATA in accordance with the FCC Internet Order. Transmission and Routing of Exchange Access Traffic TNCIID Comp v2.7h.doc 10. 9.2 Scope of Traffic. Section 9 prescribes parameters for certain trunks to be established over the Interconnections specified in Sections 2 through 5 of this Attachment for the transmission and routing of traffic between TNCI Telephone Exchange Service Customers and Interexchange Carriers ("Access Toll Connecting Trunks ), in any case where TNCI elects to have its End Office Switch subtend a Verizon Tandem. This includes casually-dialed (1010XXX and 101XXXX) traffic. Access Toll Connecting Trunk Group Architecture. If TNCI chooses to subtend a Verizon access Tandem, TNCl's NPA/NXX must be assigned by TNCI to subtend the same Verizon access Tandem that a Verizon NPAlNXX serving the same Rate Center Area subtends as identified in the LERG. TNCI shall establish Access Toll Connecting Trunks pursuant to applicable access Tariffs by which it will provide Switched Exchange Access Services to Interexchange Carriers to enable such Interexchange Carriers to originate and terminate traffic to and from TNCl's Customers. The Access Toll Connecting Trunks shall be two-way trunks. Such trunks shall connect the End Office TNCI utilizes to provide Telephone Exchange Service and Switched Exchange Access to its Customers in a given LATA to the access Tandem(s) Verizon utilizes to provide Exchange Access in such LATA. 2.4 Access Toll Connecting Trunks shall be used solely for the transmission and routing of Exchange Access to allow TNCl's Customers to connect to or be connected to the interexchange trunks of any Interexchange Carrier which is connected to a Verizon access Tandem. 10. Meet-Point Billing Arrangements TNCI and Verizon will establish Meet-Point Billing (MPB) arrangements in order to provide a common transport option to Switched Exchange Acces s Services customers via a Verizon access Tandem Switch in accordance with the Meet Point Billing guidelines contained in the OBF's MECAB and MECOD documents except as modified herein , and in Verizon s applicable Tariffs. The arrangements described in this Section 10 are intended to be used to provide Switched Exchange Access Service where the transport component of the Switched Exchange Access Service is routed through an access Tandem Switch that is provided by Verizon. 10.In each LATA, the Parties shall establish MPB arrangements for the applicable TNCI Routing PoinUVerizon Serving Wire Center combinations. 10.Interconnection for the MPB arrangement shall occur at each of the Verizon access Tandems in the LATA, unless otherwise agreed to by the Parties. 10.4 TNCI and Verizon will use reasonable efforts , individually and collectively, to maintain provisions in their respective state access Tariffs, and/or provisions within the National Exchange Carrier Association (NECA) Tariff No., or any successor Tariff sufficient to reflect the MPB arrangements established pursuant to this Agreement. TNCI ID Comp v2.7h.doc 10. 10. 10. In general, there are four alternative Meet-Point Billing arrangements possible which are: Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple Tariff, and Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines. Each Party shall implement the "Multiple Bill/Single Tariff' or "Multiple Bill/Multiple Tariff' option , as appropriate, in order to bill an IXC for the portion of the MPB arrangement provided by that Party. Alternatively, in former Bell Atlantic service areas, upon agreement of the Parties, each Party may use the New York State Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of the MPB arrangement provided by that Party. The rates to be billed by each Party for the portion of the MPB arrangement provided by it shall be as set forth in that Party s applicable Tariffs, or other document that contains the terms under which that Party s access services are offered. For each TNCI Routing Point/Verizon Serving Wire Center combination the MPB billing percentages for transport between the TNCI Routing Point and the Verizon Serving Wire Center shall be calculated in accordance with the formula set forth in Section 10.17 of this Attachment. Each Party shall provide the other Party with the billing name, billing address and Carrier Identification Code (CIC) of the IXC, and identification of the Verizon Wire Center serving the IXC in order to comply with the MPB notification process as outlined in the MECAB document. 10.Verizon shall provide TNCI with the Terminating Switched Access Detail Usage Data (EMI category 1101XX records) recorded at the Verizon access Tandem on cartridge or via such other media as the Parties may agree to, no later than ten (10) Business Days after the date the usage occurred. 10.TNCI shall provide Verizon with the Originating Switched Access Detail Usage Data (EMI category 1101XX records) on cartridge or via such other media as the Parties may agree, no later than ten (10) Business Days after the date the usage occurred. 10.All usage data to be provided pursuant to Sections 10.8 and 10.9 of this Attachment shall be sent to the following addresses: To TNCI: Susan Matarazzo 2 Charlesgate West Boston, Massachusetts 02215 For Verizon (Former GTE service area): Verizon Data Services ATTN: MPB 1 East Telecom Parkway Dock D Temple Terrace, FL 33631 Either Party may change its address for receiving usage data by notifying the other Party in writing pursuant to Section 29 of the General Terms and Conditions. TNCIID Comp v2.7h.doc 10. 10. 10. 10. 10. 10. 10. TNCI and Verizon shall coordinate and exchange the billing account reference (BAR) and billing account cross reference (BACR) numbers or Operating Company Number ("OCN"), as appropriate, for the MPB arrangements described in this Section 10. Each Party shall notify the other if the level of billing or other BAR/BACR elements change, resulting in a new BAR/BACR number, or if the OCN changes. Each Party agrees to provide the other Party with notiication of any errors it discovers in MPB data within thirty (30) calendar days of the receipt of the original data. The other Party shall attempt to correct the error and resubmit the data within ten (10) Business Days of the notification. In the event the errors cannot be corrected within such ten- (10) Business-Day period, the erroneous data will be considered lost. In the event of a loss of data, whether due to uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the lost data and, if such reconstruction is not possible, shall accept a reasonable estimate of the lost data based upon prior usage data. Either Party may request a review or audit of the various components of access recording up to a maximum of two (2) audits per calendar year. All costs associated with each review and audit shall be borne by the requesting Party. Such review or audit shall be conducted subject to Section 7 of the General Terms and Conditions and during regular business hours. A Party may conduct additional audits, at its expense, upon the other Party s consent, which consent shall not be unreasonably withheld. Except as expressly set forth in this Agreement, nothing contained in this Section 10 shall create any liability for damages, losses, claims, costs, injuries, expenses or other liabilities whatsoever on the part of either Party. MPB will apply for all traffic bearing the 500, 900, toll free service access code (e.g. 800/888/877) (to the extent provided by an IXC) or any other non- geographic NPA which may be designated for such traffic in the future. In the event TNCI determines to offer Telephone Exchange Services in a LATA in which Verizon operates an access Tandem Switch , Verizon shall permit and enable TNCI to subtend the Verizon access Tandem Switch(es) designated for the Verizon End Offices in the area where there are located TNCI Routing Point(s) associated with the NPA NXX(s) to/from which the Switched Exchange Access Services are homed. Except as otherwise mutually agreed by the Parties , the MPB billing percentages for each Routing PoinWerizon Serving Wire Center combination shall be calculated according to the following formula, unless as mutually agreed to by the Parties: a/(a+b)TNCI Billing Percentage and b 1 (a + b)Verizon Billing Percentage where: the airline mileage between TNCI Routing Point and the actual point of interconnection for the MPB arrangement; and the airline mileage between the Verizon Serving Wire Center and TNCI ID Comp v2.7h.doc 10. the actual point of interconnection for the MPB arrangement. TNCI shall inform Verizon of each LATA in which it intends to offer Telephone Exchange Services and its calculation of the billing percentages which should apply for such arrangement. Within ten (10) Business Days of TNCI's delivery of notice to Verizon, Verizon and TNCI shall confirm the Routing PoinWerizon Serving Wire Center combination and billing percentages. 11.Toll Free Service Access Code (e., 800/888/877) Traffic The following terms shall apply when either Party delivers toll free service access code (e., 800/811/888)("8YY") calls to the other Party. For the purposes of this Section 11 the terms "translated" and "untranslated" refers to those toll free service access code calls that have been queried ("translated") or have not been queried ("untranslated") to an 8YY database. Except as otherwise agreed to by the Parties, all TNCI originating untranslated" 8YY traffic will be routed over a separate One-Way Trunk group. 11. 11. When TNCI delivers translated 8YY calls to Verizon for completion 11.to an IXC, TNCI shall: 11.provide an appropriate EMI record to Verizon for processing and Meet Point Billing in accordance with Section 10 of this Attachment; and 11 .1 .1 .bill the IXC the TNCI query charge associated with the call. 11.to Verizon or another LEC that is a toll free service access code service provider in the LATA, TNCI shall: 11.provide an appropriate EMI record to the toll free service access code service provider; and 11.bill to the toll free service access code service provider the TNCl's Tariffed Feature Group D ("FGD") Switched Exchange Access or Reciprocal Compensation rates, as applicable, and the TNCI query charge; and Verizon shall bill applicable Tandem Transit Service charges and associated passthrough charges to TNCI. When Verizon performs the query and delivers translated 8YY calls, originated by Verizon s or another LEC's Customer 11. 11.to TNCI in it's capacity as a toll free service access code service provider, Verizon shall: 11.bill TNCI the Verizon query charge associated with the call as specified in the Pricing Attachment; and 11.1.2 provide an appropriate EMI record to TNCI; and 11.bill TNCI Verizon s Tariffed FGD Switched Exchange Access or Reciprocal Compensation rates as applicable. 11.When TNCI: delivers untranslated 8YY calls to Verizon for completion 11.to an IXC, Verizon shall: TNCI 10 Comp v2.7h.doc 12. 11.4 11.query the call and route the call to the appropriate IXC; and 11.provide an appropriate EMI record to TNCI to facilitate billing to the IXC; and 11.bill the IXC the Verizon query charge associated with the call and any other applicable Verizon charges. 11.to Verizon or another LEC that is a toll free service access code service provider in the LATA, Verizon shall: 11.query the call and route the call to the appropriate LEC toll free service access code service provider; and 11.provide an appropriate EMI record to TNCI; to facilitate billing to the LEC toll free service access code service provider; and 11.bill the LEC toll free service access code service provider the query charge associated with the call and any other applicable Verizon charges. 12. Tandem Transit Traffic Verizon will not direct untranslated toll free service access code call to TNCI. 12. 12. 12.4 As used in this Section 12, Tandem Transit Traffic is Telephone Exchange Service traffic that originates on TNCI's network, and is transported through a Verizon Tandem to the Central Office of a CLEC, ILEC other than Verizon Commercial Mobile Radio Service (CMRS) carrier, or other LEC , that subtends the relevant Verizon Tandem to which TNCI delivers such traffic. Neither the originating nor terminating customer is a Customer of Verizon. Subtending Central Offices shall be determined in accordance with and as identified in the Local Exchange Routing Guide (LERG). Switched Exchange Access Service traffic is not Tandem Transit Traffic. Tandem Transit Traffic Service provides TNCI with the transport of Tandem Transit Traffic as provided below. Tandem Transit Traffic may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. TNCI shall deliver each Tandem Transit Traffic call to Verizon with CCS and the appropriate Transactional Capabilities Application Part ("TCAP") message to facilitate full interoperability of CLASS Features and billing functions. 12. TNCI shall exercise its best efforts to enter into a reciprocal Telephone Exchange Service traffic arrangement (either via written agreement or mutual Tariffs) with any CLEC , ILEC, CMRS carrier, or other LEC, to which it delivers Telephone Exchange Service traffic that transits Verizon s Tandem Office. If TNCI does not enter into and provide notice to Verizon of the above referenced arrangement within 180 days of the initial traffic exchange with relevant third party carriers then TNCI will pay a monthly "Transit Service Billing Fee , as set forth in the Pricing Attachment, in addition to the Tandem Transit Traffic Service charges set forth in the Pricing Attachment. TNCI shall pay Verizon for Transit Service that TNCI originates at the rate specified in the Pricing Attachment. Verizon reserves the right to assess to TNCI any additional charges or costs the receiving CLEC , ILEC, CMRS carrier, or TNCIIO Comp v2.7h.doc 13. 12. 12. 12. other LEC, imposes or levies on Verizon for the delivery or termination of such traffic, including any Switched Exchange Access Service charges. Payment any terminating charges (access or otherwise) is the responsibility of TNCI. Except as set forth in this Section 12., Verizon will not provide Tandem Transit Traffic Service for Tandem Transit Traffic volumes that exceed the CCS busy hour equivalent of 200,000 combined minutes of use to a particular CLEC , lTC, CMRS carrier or other LEC for any month (the "Threshold Level"). At such time that TNCl's Tandem Transit Traffic exceeds the Threshold Level, upon receipt of a written request from TNCI, Verizon shall continue to provide Tandem Transit Service to TNCI (for the carrier in respect to which the Threshold Level has been reached) for a period equal to sixty (60) days after the date upon which the Threshold Level was reached for the subject carrier (the "Transition Period" During the Transition Period, in addition to any and all Tandem Transit Traffic rates and charges as provided in Section 12.5 hereof, TNCI shall pay Verizon (a) a monthly "Transit Service Trunking Charge" for each subject carrier, as set forth in the Pricing Attachment, and (b) a monthly "Transit Service Billing Fee , as set forth in the Pricing Attachment. Upon TNCl's receipt of Verizon s notice that the Threshold Level has been reached with respect to a specific carrier, TNCI shall exercise its best efforts to enter into a reciprocal Telephone Exchange Service traffic agreement with such carrier for the purpose of seeking direct interconnection. If Verizon believes that TNCI has not exercised good faith efforts promptly to obtain such agreement, Verizon may use the Dispute Resolution processes of this Agreement. If, at the end of the Transition Period Verizon does not terminate the Transit Traffic Service to TNCI, TNCI shall continue to pay Verizon (i) a monthly "Transit Service Trunking Charge" for each subject carrier, as set forth in the Pricing Attachment, and (ii) a monthly "Transit Service Billing Fee , as set forth in the Pricing Attachment. If or when a third party carrier s Central Office subtends a TNCI Central Office, then TNCI shall offer to Verizon a service arrangement equivalent to or the same as Tandem Transit Service provided by Verizon to TNCI as defined in this Section 12 such that Verizon may terminate calls to a Central Office of a CLEC, ILEC, CMRS carrier, or other LEC, that subtends a TNCI Central Office Reciprocal Tandem Transit Service ). TNCI shall offer such Reciprocal Transit Service arrangements under terms and conditions no less favorable than those provided in this Section 12. Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange agreement with any carrier to which it originates, or from which it terminates, traffic. Number Resources, Rate Center Areas and Routing Points 13.Nothing in this Agreement shall be construed to limit or otherwise adversely affect in any manner either Party s right to employ or to request and be assigned any Central Office Codes ("NXX") pursuant to the Central Office Code Assignment Guidelines and any relevant FCC or Commission orders, as may be amended from time to time, or to establish, by Tariff or otherwise, Rate Center Areas and Routing Points corresponding to such NXX codes. 13.It shall be the responsibility of each Party to program and update its own switches and network systems pursuant to information provided on ASRs as well as the LERG in order to recognize and route traffic to the other Party s assigned NXX codes. Except as expressly set forth in this Agreement, neither Party shall impose any fees or charges whatsoever on the other Party for such activities. TNCI 10 Comp v2.7h.doc 13. 13.4 13. Unless otherwise required by Commission order, the Rate Center Areas will be the same for each Party. During the term of this Agreement, TNCI shall adopt the Rate Center Area and Rate Center Points that the Commission has approved for Verizon within the LATA and Tandem serving area. TNCI shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise ordered by the FCC, the Commission or another governmental entity of appropriate jurisdiction or the LEC industry adopts alternative methods of utilizing NXXs. TNCI will also designate a Routing Point for each assigned NXX code. TNCI shall designate one location for each Rate Center Area in which the TNCI has established NXX code(s) as the Routing Point for the NPA-NXXs associated with that Rate Center Area , and such Routing Point shall be within the same LATA as the Rate Center Area but not necessarily within the Rate Center Area itself. Unless specified otherwise , calls to subsequent NXXs of TNCI will be routed in the same manner as calls to TNCl's initial NXXs. Notwithstanding anything to the contrary contained herein, nothing in this Agreement is intended, and nothing in this Agreement shall be construed, to in any way constrain TNCl's choices regarding the size of the local calling area(s) that TNCI may establish for its Customers , which local calling areas may be larger than , smaller than, or identical to Verizon s local calling areas. 14.Joint Network Implementation and Grooming Process; and Installation, Maintenance, Testing and Repair 14.Joint Network Implementation and Grooming Process. Upon request of either Party, the Parties shall jointly develop an implementction and grooming process (the "Joint Grooming Process" or "Joint Process ) which may define and detail , inter alia: 14. 14. 14. 14.1.4 14. standards to ensure that Interconnection Trunks experience a grade of service, availability and quality which is comparable to that achieved on interoffice trunks within Verizon s network and in accord with all appropriate relevant industry-accepted quality, reliability and availability standards. Except as otherwise stated in this Agreement trunks provided by either Party for Interconnection services will be engineered using a design-blocking objective of B.01. the respective duties and responsibilities of the Parties with respect to the administration and maintenance of the trunk groups, including, but not limited to , standards and procedures for notification and discoveries of trunk disconnects; disaster recovery provision escalations; additional technically feasible Point(s) of Interconnection on Verizon network in a LATA as provided in Section 2 of this Attachment; and such other matters as the Parties may agree, including, e., End Office to End Office high usage trunks as good engineering practices may dictate. 14.Forecasting Requirements for Trunk Provisioning. Within ninety (90) days of executing this Agreement, TNCI shall provide Verizon a two (2)-year traffic forecast. This initial forecast will provide the amount of TNCIIO Comp v2.7h.doc traffic to be delivered to and from Verizon over each of the Interconnection Trunk groups over the next eight (8) quarters. The forecast shall be updated and provided to Verizon on an as-needed basis but no less frequently than semiannually. All forecasts shall comply with the Verizon CLEC Interconnection Trunking Forecast Guide and shall include, at a minimum, Access Carrier Terminal Location (ACTL), traffic type (Reciprocal Compensation Traffic/Toll Traffic, Operator Services, 911 , etc.), code (identifies trunk group), A location/Z location (CLLI codes for applicable Verizon Tandem and End Office switches to which TNCI wishes to send traffic and the technically feasible Points of Interconnection on Verizon s network in a LATA at which the Parties will interconnect), interface type (e., DS1), and trunks in service each year (cumulative). Initial Forecasts/Trunkina Reauirements Because Verizon s trunking requirements will, at least during an initial period , be dependent on the Customer segments and service segments within Customer segments to whom TNCI decides to market its services, Verizon will be largely dependent on TNCI to provide accurate trunk forecasts for both inbound (from Verizon) and outbound (to Verizon) traffic. Verizon will as an initial matter, provide the same number of trunks to terminate Reciprocal Compensation Traffic to TNCI as TNCI provides to terminate Reciprocal Compensation Traffic to Verizon. At Verizon discretion , when TNCI expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, Verizon will provide the number of trunks TNCI suggests; provided , however, that in all cases Verizon provision of the forecasted number of trunks to TNCI is conditioned on the following: that such forecast is based on reasonable engineering criteria, there are no capacity constraints, and TNCl's previous forecasts have proven to be reliable and accurate. 14. 14. 14. TNCIID Comp v2.7h.doc Monitoring and Adjusting Forecasts. Verizon will , for ninety (90) days, monitor traffic on each trunk group that it establishes at TNCl's suggestion or request pursuant to the procedures identified in Section 14.2 of this Attachment. At the end of such ninety-(90) day period, Verizon may disconnect trunks that, based on reasonable engineering criteria and capacity constraints, are not warranted by the actual traffic volume experienced. If, after such initial ninety (90) day period for a trunk group, Verizon determines that any trunks in the trunk group in excess of two (2) DS1s are not warranted by actual traffic volumes (considering engineering criteria for busy Centium Call Second (Hundred Call Second) and blocking percentages), then Verizon may hold TNCI financially responsible for the excess facilities and disconnect such excess facilities. In subsequent periods, Verizon may also monitor traffic for ninety (90) days on additional trunk groups that TNCI suggests or requests Verizon to establish. If, after any such (90) day period, Verizon determines that any trunks in the trunk group are not warranted by actual traffic volumes (considering engineering criteria for busy hour Centium Call Second (Hundred Call Second) and blocking percentages), then Verizon may hold TNCI financially responsible for the excess facilities. At any time during the relevant ninety-(90) 15. day period, TNCI may request that Verizon disconnect trunks to meet a revised forecast. In such instances Verizon may hold TNCI financially responsible for the disconnected trunks retroactive to the start of the ninety (90) day period through the date such trunks are disconnected. 15.Scope. Number Portability - Section 251 (B)(2) The Parties shall provide Number Portability (NP) in accordance with rules and regulations as from time to time prescribed by the FCC. 15.Procedures for Providing LNP ("Long-term Number Portability The Parties will follow the LNP provisioning process recommended by the North American Numbering Council (NANC) and adopted by the FCC. In addition, the Parties agree to follow the LNP ordering procedures established at the OBF. The Parties shall provide LNP on a reciprocal basis. 15. 15. 15. 15.2.4 TNCIID Comp v2.7h.doc A Customer of one Party ("Party A") elects to become a Customer of the other Party ("Party B" ). The Customer elects to utilize the original telephone number(s) corresponding to the Telephone Exchange Service(s) it previously received from Party A, in conjunction with the Telephone Exchange Service(s) it will now receive from Party B. After Party B has received authorization from the Customer in accordance with Applicable Law and sends an LSR to Party A, Parties A and B will work together to port the Customer s telephone number(s) from Party s network to Party B's network. When a telephone number is ported out of Party A's network, Party A will remove any non-proprietary line based calling card(s) associated with the ported number(s) from its Line Information Database (LlDB). Reactivation of the line-based calling card in another LlDB, if desired is the responsibility of Party B or Party B's Customer. When a Customer of Party A ports their telephone numbers to Party B and the Customer has previously secured a reservation of line numbers from Party A for possible activation at a future point, these reserved but inactive numbers may be ported along with the active numbers to be ported provided the numbers have been reserved for the Customer. Party B may request that Party A port all reserved numbers assigned to the Customer or that Party A port only those numbers listed by Party B. As long as Party B maintains reserved but inactive numbers ported for the Customer, Party A shall not reassign those numbers. Party B shall not reassign the reserved numbers to another Customer. When a Customer of Party A ports their telephone numbers to Party B in the process of porting the Customer s telephone numbers, Party A shall implement the ten-digit trigger feature where it is available. When Party A receives the porting request, the unconditional trigger shall be applied to the Customer s line before the due date of the porting activity. When the ten-digit unconditional trigger is not available, Party A and Party B must coordinate the disconnect activity. 15. 15.4 15.The Parties shall furnish each other with the Jurisdiction Information Parameter (JIP) in the Initial Address Message (lAM), containing a Local Exchange Routing Guide (LERG)-assigned NPA-NXX (6 digits) identifying the originating switch on calls originating from LNP capable switches. 15.Where LNP is commercially available , the NXXs in the office shall be defined as portable, except as noted in 15., and translations will be changed in the Parties' switches to open those NXXs for database queries in all applicable LNP capable offices within the LATA of the given switch(es). On a prospective bas , all newly deployed switches will be equipped with LNP capability and so noted in the LE RG. All NXXs assigned to LNP capable switches are to be designated as portable unless a NXX(s) has otherwise been designated as non- portable. Non-portable NXXs include NXX codes assigned to paging, cellular and wireless services; codes assigned for intern al testing and official use and any other NXX codes required to be designated as non-portable by the rules and regulations of the FCC. NXX codes assigned to mass calling on a choked network may not be ported using LNP technology but are portable using methods established by the NANC and adopted by the FCC. On a prospective basis, newly assigned codes in switches capable of porting shall become commercially available for porting with the effective date in the network. 15. 15.Both Parties' use of LNP shall meet the performance criteria specified by the FCC. Both Parties will act as the default carrier for the other Party in the event that either Party is unable to perform the routing necessary for LNP. Procedures for Providing NP Through Full NXX Code Migration. Where a Party has activated an entire NXX for a single Customer, or activated at least eighty percent (80%) of an NXX for a single Customer, with the remaining numbers in that NXX either reserved for future use by that Customer or otherwise unused, if such Customer chooses to receive Telephone Exchange Service from the other Party, the first Party shall cooperate with the second Party to have the entire NXX reassigned in the LERG (and associated industry databases, routing tables, etc.) to an End Office operated by the second Party. Such transfer will be accomplished with appropriate coordination between the Parties and subject to appropriate industry lead times for movements of NXXs from one switch to another. Neither Party shall charge the other in connection with this coordinated transfer. Procedures for Providing INP (Interim Number Portability). The Parties shall provide Interim Number Portability (INP) in accordance with rules and regulations prescribed from time to time by the FCC and state regulatory bodies, the Parties respective company procedures, and as set forth in this Section 15.4. The Parties shall provide INP on a reciprocal basis. 15.4.In the event that either Party, Party B , wishes to serve a Customer currently served at an End Office of the other Party, Party A, and that End Office is not LNP-capable, Party A shall make INPavailable only where LNP is not commercially available or not required by FCC orders and regulations. INP will be provided by remote call forwarding TNCIID Comp v2.7h.doc 15. 15.4. 15.4. 15.4. 15.4. 15.4. 15.4. (RCF) and/or direct inward dialing (DID) technology, which will forward terminating calls to Party B's End Office. Party B shall provide Party A with an appropriate "forward-" number. Prices for INP and formulas for sharing Terminating access revenues associated with INP shall be provided where applicable , upon request by either Party. Either Party wishing to use DID to provide for INP must request a dedicated trunk group from the End Office where the DID numbers are currently served to the new serving-End Office. If there are no existing facilities between the respective End Offices, the dedicated facilities and transport trunks will be provisioned as unbundled service through the ASR provisioning process. The requesting party will reroute the DID numbers to the pre-positioned trunk group using the LSR provisioning process. DID trunk rates are contained in the Parties respective tariffs. The Parties Agree that, per FCC 98-215, Paragraph 16, effective upon the date LNP is available at any End Office of one Party, Party A providing INP for Customers of the other Party, Party B, no further orders will be accepted for new INP at that End Office. Orders for new INP received prior to that date, and change orders for existing INP shall be worked by Party A. Orders for new INP received by Party A on or after that date shall be rejected. Existing INP will be grandfathered, subject to Section 15.4.5 of this Attachment. In offices equipped with LNP prior to September 1 , 1999 br former Bell Atlantic offices and October 1 , 2000 for former GTE offices, the Parties agree to work together to convert all existing INP-served Customers to LNP by December 31 2000 in accordance with a mutually agreed to conversion process and schedule. If mutually agreed to by the Parties, the conversion period may be extended one time by no more than 90 days from December 31 2000. Upon availability of LNP after October 1 , 2000 at an End Office of either Party, both Parties agree to work together to convert the existing INP-served Customers to LNP by no later than 90 days from the date of LNP availability unless otherwise agreed to by the Parties. When , through no fault of Verizon s, alllNP has not been converted to LNP at the end of the agreed to conversion period , then the remaining INPs will be changed to a functionally equivalent tariff service and billed to TNCI at the tariff rate(s) for the subject jurisdiction. Procedures for LNP Request. The Parties shall provide for the requesting of End Office LNP capability on a reciprocal basis through a written request. The Parties acknowledge that Verizon has deployed LNP throughout its network in compliance with FCC 96-286 and other applicable FCC Regulations. TNCI 10 Comp v2.7h.doc 15.If Party B desires to have LNP capability deployed in an End Office of Party A, which is not currently capable, Party B shall issue a LNP request to Party A. Party A will respond to the Party B, within ten (10) days of receipt of the request, with a date for which LNP will be available in the requested End Office. Party A shall proceed to provide for LNP in compliance with the procedures and timelines set forth in FCC 96-286 , Paragraph 80, and FCC 97-, Paragraphs 65 through 61. 15.The Parties acknowledge that each can determine the LNP-capable End Offices of the other through the Local Exchange Routing Guide (LERG). In addition the Parties shall make information available upon request showing their respective LNP-capable End Offices, as set forth in this Section 15. 16.Good Faith Performance If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with TNCI reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such Service; and , if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. 17.Transport and Termination of Indirect Interconnection Traffic 11.Network Interconnection Architecture Traffic to be Exchanged. The Parties shall reciprocally terminate mandatory EAS, optional EAS and IntraLATA Toll originating on each other s networks utilizing Indirect Network Interconnections. 17.Network Interconnection Architecture. Each Party will plan , design, construct and maintain the facilities within their respective systems as are necessary and proper for the provision of traffic covered by this Agreement. These facilities include but are not limited to, a sufficient number of trunks to the point of interconnection with the tandem company, and sufficient interoffice and interexchange facilities and trunks between its own central offices to adequately handle traffic between all central offices within the service areas at a P.01 grade of service or better. The provisioning and engineering of such services and facilities will comply with generally accepted industry methods and practices, and will observe the rules and regulations of the lawfully established tariffs applicable to the services provided. 17.Operator Services Calls. Each Party agrees to coordinate the interconnection of their operator service bureau with the operator service bureau of the other Party in order to provide for the exchange of miscellaneous services, e.g. Busy Line Verification/Interrupt Directory Assistance, Call Completions. 17.4 Traffic Recording. The traffic recording and identification functions required to provide the services specified hereunder shall be performed by the Parties except for the functions performed by the tandem company on behalf of a Party. Each Party will calculate terminating minutes of use based on standard Automatic Message Accounting recordings made within each Party s network or by the tandem TNCIID Comp v2.7h.doc company. The Parties agree they will, to the extent feasible, make every attempt to accurately capture and report the actual usage interchanged between them for use in calculating the necessary compensation under this Agreement. In the event detailed terminating billing records are not available, summary billing reports may be used. TNCIID Comp v2.7h.doc General RESALE ATTACHMENT Verizon shall provide to TNCI, in accordance with this Agreement (including, but not limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law, Verizon Telecommunications Services for resale by TNCI; provided , that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide Telecommunications Services to TNCI only to the extent required by Applicable Law and may decline to provide a Telecommunications Service to TNCI to the extent that provision of such Telecommunications Service is not required by Applicable Law. Use of Verizon Telecommunications Services Verizon Telecommunications Services may be purchased by TNCI under this Resale Attachment only for the purpose of resale: by TNCI as a Telecommunications Carrier. Verizon Telecommunications Services to be purchased by TNCI for other purposes (including, but not limited to, TNCl's own use) must be purchased by TNCI pursuant to other applicable Attachments to this Agreement (if any), or separate written agreements, including, but not limited , applicable Verizon Tariffs. TNCI shall not resell: 2.4 TNCI 10 Comp v2.7h.doc Residential service to persons not eligible to subscribe to such service from Verizon (including, but not limited to, business or other nonresidential Customers); Lifeline, Link Up America, or other means-tested service offerings, to persons not eligible to subscribe to such service offerings from Verizon; Grandfathered or discontinued service offerings to persons not eligible to subscribe to such service offerings from Verizon; or Any other Verizon service in violation of a restriction stated in this Agreement (including, b~t not limited to, a Verizon Tariff) that is not prohibited by Applicable Law. In addition to any other actions taken by TNCI to comply with this Section 2., TNCI shall take those actions required by Applicable Law to determine the eligibility of TNCI Customers to purchase a service including, but not limited to, obtaining any proof or certification of eligibility to purchase Lifeline , Link Up America, or other means-tested services, required by Applicable Law. TNCI shall indemnify Verizon from any Claims resulting from TNCI's failure to take such actions required by Applicable Law. Verizon may perform audits to confirm TNCl's conformity to the provisions of this Section 2.2. Such audits may be performed twice per calendar year and shall be performed in accordance with Section 1 of the General Terms and Conditions. 2.4 TNCI shall be subject to the same limitations that Verizon s Customers are subject to with respect to any Telecommunications Service that Verizon grandfathers or discontinues offering. Without limiting the foregoing, except to the extent that Verizon follows a different practice for Verizon Customers in regard to a grandfathered Telecommunications Service, such grandfathered Telecommunications Service: (a) shall be available only to a Customer that already has such Telecommunications Service; (b) may not be moved to a new service location; and (c) will be furnished only to the extent that facilities continue to be available to provide such Telecommunications Service. TNCI shall not be eligible to participate in any Verizon plan or program under which Verizon Customers may obtain products or services, which are not Verizon Telecommunications Services, in return for trying, agreeing to purchase purchasing, or using Verizon Telecommunications Services. In accordance with 41 CFR 9 51.611(b), Verizon shall be entitled to all charges for Verizon Exchange Access services used by interexchange carriers to provide service to TNCI Customers. Availability of Verizon Telecommunications Services Verizon will provide a Verizon Telecommunications Service to TNCI for resale pursuant to this Attachment where and to the same extent, but only where and to the same extent that such Verizon Telecommunications Service is provided to Verizon s Customers. Except as otherwise required by Applicable Law, subject to Section 3.1 of this Attachment, Verizon shall have the right to add , modify, grandfather, discontinue or withdraw Verizon Telecommunications Services at any time, without the consent of TNCI. To the extent required by Applicable Law, the Verizon Telecommunications Services to be provided to TNCI for resale pursuant to this Attachment will include a Verizon Telecommunications Service customer-specific contract service arrangement ("CSA") (such as a customer specific pricing arrangement or individual case based pricing arrangement) that Verizon is providing to a Verizon Customer at the time the CSA is requested by TNCI. Responsibility for Charges TNCI shall be responsible for and pay to Verizon all charges for any Telecommunications Services provided by Verizon or provided by persons other than Verizon and billed for by Verizon, that are ordered, activated or used by TNCI , TNCI Customers or any other persons, through , by means of, or in association with, Telecommunications Services provided by Verizon to TNCI pursuant to this Resale Attachment. Upon request by TNCI, Verizon will provide for use on resold Verizon retail Telecommunications Service dial tone lines purchased by TNCI such Verizon retail Telecommunications Service call blocking and call screening services as Verizon provides to it's own end user retail Customers, where and to the extent Verizon provides such Verizon retail Telecommunications Service call blocking services to Verizon s own end user retail Customers. TNCI understands and agrees that certain of Verizon s call blocking and call screening services are not guaranteed to block or screen all calls and that notwithstanding TNCl's purchase of such blocking or screening services, TNCI's end user Customers or other persons ordering, activating or using Telecommunications Services on the resold TNCIIO Comp v2.7h.doc dial tone lines may complete or accept calls which TNCI intended to block. Notwithstanding the foregoing, TNCI shall be responsible for and shall pay Verizon all charges for Telecommunications Services provided by Verizon or provided by persons other than Verizon and billed for by Verizon in accordance with the terms of Section 4.1 above. Operations Matters Facilities. Branding. 5.2. Rates and Charges The rates and charges for Verizon Telecommunication Services purchased by TNCI for TNCI 10 Comp v2.7h.doc Verizon and its suppliers shall retain all of their right, title and interest in all facilities , equipment, software, information, and wiring used to provide Verizon Telecommunications Services. Verizon shall have access at all reasonable times to TNCI Customer locations for the purpose of installing, inspecting, maintaining, repairing, and removing, facilities, equipment, software, and wiring used to provide the Verizon Telecommunications Services. TNCI shall, at TNCl's expense , obtain any rights and authorizations necessary for such access. Except as otherwise agreed to in writing by Verizon, Verizon shall not be responsible for the installation , inspection, repair, maintenance, or removal of facilities, equipment, software, or wiring provided by TNCI or TNCI Customers for use with Verizon Telecommunications Services. Except as stated in Section 5.2 of this Attachment, in providing Verizon Telecommunications Services to TNCI, Verizon shall have the right (but not the obligation) to identify the Verizon Telecommunications Services with Verizon s trade names, trademarks and service marks ("Verizon Marks ), to the same extent that these Services are identified with Verizon s Marks when they are provided to Verizon s Customers. Any such identification of Verizon Telecommunications Services shall not constitute the grant of a license or other right to TNCI to use Verizon s Marks. To the extent required by Applicable Law, upon request by TNCI and at prices, terms and conditions to be negotiated by TNCI and Verizon Verizon shall provide Verizon Telecommunications Services for resale that are identified by TNCI's trade name, or that are not identified by trade name, trademark or service mark. If Verizon uses a third-party contractor to provide Verizon Operator Services or Verizon Directory Assistance Services, TNCI will be responsible for entering into a direct contractual arrangement with the third-party contractor at TNCl's expense (a) to obtain identification of Verizon Operator Services or Verizon Directory Assistance Services purchased by TNCI for resale with TNCI's trade name, or (b) to obtain removal of Verizon Marks from Verizon Operator Services or Verizon Directory Assistance Services purchased by TNCI for resale. resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing Attachment. Good Faith Performance If and , to the extent that, Verizon , prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with TNCI reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such Service; and, if the Parties cannot agree to such terms and conditions (including, without limitation , rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. TNCI 10 Comp v2.7h.doc General NETWORK ELEMENTS ATTACHMENT Verizon shall provide to TNCI , in accordance with this Agreement (including, but not limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law, access to Verizon s Network Elements on an unbundled basis and in combinations (Combinations); provided, however, that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide unbundled Network Elements (UNEs) and Combinations to TNCI only to the extent required by Applicable Law and may decline to provide UNEs or Combinations to TNCI to the extent that provision of such UNEs or Combinations is not required by Applicable Law. Verizon shall be obligated to combine UNEs that are not already combined in Verizon s netyvork only to the extent required by Applicable Law. Except as otherwise required by Applicable Law: (a) Verizon shall be obligated to provide a UNE or Combination pursuant to this Agreement only to the extent such UNE or Combination, and the equipment and facilities necessary to provide such UNE or Combination, are available in Verizon s network; and (b) Verizon shall have no obligation to construct or deploy new facilities or equipment to offer any UNE or Combination. TNCI may use a UNE or Combination only for those purposes for which Verizon is required by Applicable Law to provide such UNE or Combination to TNCI. Without limiting the foregoing, TNCI may use a UNE or Combination (a) only to provide a Telecommunications Service and (b) to provide Exchange Access services only to the extent that Verizon is required by Applicable Law to provide such UNE or Combination to TNCI in order to allow TNCI to provide such Exchange Access services. 1.4 Notwithstanding any other provision of this Agreement: 1.4.To the extent Verizon is required by a change in Applicable Law to provide to TNCI a UNE or Combination that is not offered under this Agreement to TNCI as of the Effective Date, the terms, conditions and prices for such UNE or Combination (including, but not limited to, the terms and conditions defining the UNE or Combination and stating when and where the UNE or Combination will be available and how it will be used, and terms, conditions and prices for pre-ordering, ordering, provisioning, repair, maintenance and billing) shall be as provided in an applicable Verizon Tariff, or, in the absence of an applicable Verizon Tariff, as mutually agreed in writing by the Parties. 1.4.Verizon shall not be obligated to provide to TNCI, and TNCI shall not request from Verizon, access to a proprietary advanced intelligent network service. Without limiting Verizon s rights pursuant to Applicable Law or any other section of this Agreement to terminate its provision of a UNE or a Combination , if Verizon provides a UNE or Combination to TNCI , and the Commission, the FCC, a court or other governmental body of appropriate jurisdiction determines or has determined that Verizon is not required by Applicable Law to provide such UNE or Combination, Verizon may terminate its provision of such UNE or Combination to TNCI. If Verizon terminates its provision of a UNE or a Combination to TNCI TNCI 10 Comp v2.7h.doc pursuant to this Section 1.5 and TNCI elects to purchase other services offered by Verizon in place of such UNE or Combination, then: (a) Verizon shall reasonably cooperate with TNCI to coordinate the termination of such UNE or Combination and the installation of such services to minimize the interruption of service to Customers of TNCI; and, (b) TNCI shall pay all applicable charges for such services, including, but not limited to, all applicable installation charges. Nothing contained in this Agreement shall be deemed to constitute an agreement by Verizon that any item identified in this Agreement as a Network Element is (i) a Network Element under Applicable Law, or (ii) a Network Element Verizon is required by Applicable Law to provide to TNCI on an unbundled basis or in combination with other Network Elements. If as the result of TNCI Customer actions (i.e., Customer Not Ready ("CNR" )), Verizon cannot complete requested work activity when a technician has been dispatched to the TNCI Customer premises , TNCI will be assessed a non- recurring charge associated with this visit. This charge will be the sum of the applicable Service Order charge as provided in the Pricing Attachment and the Premises Visit Charge as provided in Verizon s applicable retail or wholesale Tariff. Verizon s Provision of Network Elements Subject to the conditions set forth in Section 1 of this Attachment, in accordance with , but only to the extent required by, Applicable Law, Verizon shall provide TNCI access to the following: Loops, as set forth in Section 3 of this Attachment; Line Sharing, as set forth in Section 4 of this Attachment; Line Splitting, as set forth in Section 5 of this Attachment; 2.4 Sub-Loops, as set forth in Section 6 of this Attachment; Inside Wire, as set forth in Section 1 of this Attachment; Dark Fiber, as set forth in Section 8 of this Attachment; Network Interface Device, as set forth in Section 9 of this Attachment; Switching Elements , as set forth in Section 10 of this Attachment; Interoffice Transmission Facilities (IOF), as set forth in Section 11 of this Attachment; Signaling Networks and Call-Related Databases, as set forth in Section 12 of this Attachment; Operations Support Systems, as set forth in Section 13 of this Attachment; and Other UNEs in accordance with Section 14 of this Attachment. Loop Transmission Types Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall allow TNCI to access Loops unbundled from local switching and local transport in accordance with this Section 3 and the rates and charges provided in the TNCIIO Comp v2.7h.doc Pricing Attachment. Verizon shall allow TNCI access to Loops in accordance with , but only to extent required by, Applicable Law. The available Loop types are as set forth below: 1.4 TNCI 10 Comp v2.7h.doc 2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an effective 2-wire channel with 2-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals and loop-start signaling. This Loop type is more fully described in Verizon Technical Reference (TR)-72565, as revised from time-to-time. If "Customer-Specified Signaling" is requested , the Loop will operate with one of the following signaling types that may be specified when the Loop is ordered: loop-start, ground-start, loop- reverse-battery, and no signaling. Customer specified signaling is more fully described in Verizon TR- 12510 , as revised from time-to- time. Verizon will not build new facilities. Wire Analog Voice Grade Loop" or "Analog 4W" provides an effective 4-wire channel with 4-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals. This Loop type will operate with one of the following signaling types that may be specified when the Loop is ordered: loop- start, ground-start, 100p-reverse-baUery, duplex, and no signaling. This Loop type is more fully described in Verizon TR -12570, as revised from time-to-time. Verizon will not build new facilities. Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel with 2-wire interfaces at each end that is suitable for the transport of 160 kbps digital services using the ISDN 2B 1 Q line code. This Loop type is more fully described in American National Standards Institute (ANSI) T1.601-1998 and Verizon TR 12515, as revised from time-to- time. In some cases loop extension equipment may be necessary to bring the line loss within acceptable levels. Verizon will provide loop extension equipment only upon request. A separate charge will apply for loop extension equipment. The 2-Wire ISDN Digital Grade Loop is available only in the former Bell Atlantic Service Areas. In the former GTE Service Areas only, TNCI may order a 2-Wire Digital Compatible Loop using 2-wire ISDN ordering codes to provide similar capability. Verizon will not build new facilities. Wire ADSL-Compatible Loop" or "ADSL 2W" provides a channel with 2-wire interfaces at each end that is suitable for the transport of digital signals up to 8 Mbps toward the Customer and up to 1 Mbps from the Customer. This Loop type is more fully described in Verizon TR-12575, as revised from time-to-time. ADSL-Compatible Loops will be available only where existing copper facilities are available and meet applicable specifications. Verizon will not build new facilities. The upstream and downstream ADSL power spectral density masks and dc line power limits in Verizon TR 72515, as revised from time-to- time, must be met. The 2-Wire ADSL-Compatible Loop is available only in the former Bell Atlantic Service Areas. In the former GTE Service Areas only, TNCI may order a 2-Wire Digital Compatible Loop using 2-wire ADSL ordering codes to provide similar capability. Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2- wire non-loaded, twisted copper pair that meets the carrier serving area design criteria. This Loop type is more fully described in Verizon TR- 72575, as revised from time-to-time. The HDSL power spectral TNCI 10 Comp v2.7h.doc density mask and dc line power limits referenced in Verizon TR 12575 as revised from time-to-time, must be met. 2-Wire HDSL-Compatible Loops will be provided only where existing facilities are available and can meet applicable specifications. The 2-Wire HDSL-Compatible Loop is available only in the former Bell Atlantic Service areas. In the former GTE Service Areas only, TNCI may order a 2-Wire Digital Compatible Loop using 2-Wire HDSL ordering codes to provide similar capability. Verizon will not build new facilities. Wire HDSL-Compatible Loop" or "HDSL 4W" consists of two 2-wire non-loaded , twisted copper pairs that meet the carrier serving area design criteria. This Loop type is more fully described in Verizon TR- 72515, as revised from time-to-time. The HDSL power spectral density mask and dc line power limits referenced in Verizon TR 72515 as revised from time-to-time, must be met. 4-Wire HDSL-Compatible Loops will be provided only where existing facilities are available and can meet applicable specifications. Verizon will not build new facilities. Wire IDSL-Compatible Metallic Loop" consists ora single 2-wire non-loaded, twisted copper pair that meets revised resistance design criteria. This Loop is intended to be used with very-low band symmetric DSL systems that meet the Class 1 signal power limits and other criteria in the T1 E1.4 loop spectrum management standard (T1E1.4/200Q-002R3) and are not compatible with 2B1Q 160 kbps ISDN transport systems. The actual data rate achieved depends upon the performance of CLEC-provided modems with the electrical characteristics associated with the loop. This Loop type is more fully described in T1 E1.4/2000-002R3, as revised from time-to-time. This loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible Metallic Loop is available only in the former Bell Atlantic Service Areas. In the former GTE Service Areas only, TNCI may order a 2- Wire Digital Compatible Loop using ISDN ordering codes to provide similar capability. IDLC-compatible local loops will be provided only where facilities are available and can meet applicable specifications. Verizon will not build new facilities. Wire SDSL-Compatible Loop , is intended to be used with low band symmetric DSL systems that meet the Class 2 signal power limits and other criteria in the T1 E1.4 loop spectrum management standard (T1 E1.4/200Q-002R3). This Loop consists of a single 2-wire non- loaded, twisted copper pair that meets Class 2 length limit in T1E1.4/2000-002R3. The data rate achieved depends on the performance of the CLEC-provided modems with the electrical characteristics associated with the loop. This Loop type is more fully described in T1 E1.4/2000-002R3, as revised from time-to-time. The Wire SDSL-Compatible Loop is available only in the former Bell Atlantic Service Areas. In the former GTE Service Areas only, TNCI may order a 2-Wire Digital Compatible Loop to provide similar capability. SDSL-compatible local loops will be provided only where facilities are available and can meet applicable specifications. Verizon will not build new facilities. Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission path that is suitable for the transport of digital data at a synchronous rate of 56 kbps in opposite directions on such Loop simultaneously. A TNCIIO Comp v2.7h.doc Wire 56 kbps Loop consists of two pairs of non-loaded copper wires with no intermediate electronics or it consists of universal digital loop carrier with 56 kbps DDS dataport transport capability. Verizon shall provide 4-Wire 56 kbps Loops to TNCI in accordance with , and subject , the technical specifications set forth in Verizon TR-12515, as revised from time-to-time. Verizon will not build new facilities. DS-1 Loops" provide a digital transmission channel suitable for the transport of 1.544 Mbps digital signals. This Loop type is more fully described in Verizon TR 72575, as revised from time to time. The DS- 1 Loop includes the electronics necessary to provide the DS- transmission rate. A DS-1 Loop will be provided only where the electronics necessary to provide the DS-1 transmission rate are at the requested installation date currently available for the requested DS- Loop. Verizon will not install new electronics. If the electronics necessary to provide Clear Channel (B8ZS) signaling are at the requested installation date currently available for a requested DS- Loop, upon request by TNCI, the DS-1 Loop will be furnished with Clear Channel (B8ZS) signaling. Verizon will not install new electronics to furnish Clear Channel (B8ZS) signaling. DS-3 Loops" will support the transmission of isochronous bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS- channels). This Loop type is more fully described in Verizon TR 12515, as revised from time to time. The DS-3 Loop includes the electronics necessary to provide the DS-3 transmission rate. A DS- Loop will be provided only where the electronics necessary to provide the DS-3 transmission rate are at the requested installation date currently available for the requested DS -3 Loop. Verizon will not install new electronics and Verizon will not build new facilities. In the former Bell Atlantic Service Areas only, "Digital Designed Loops are comprised of designed loops that meet specific TNCI requirements for metallic loops over 18k ft. or for conditioning of ADSL, HDSL SDSL, IDSL, or BRI ISDN Loops. "Digital Designed LDops" may include requests for: 12.a 2W Digital Designed Metallic Loop with a total loop length of 18k to 30k ft., unloaded, with the option to remove bridged tap; a 2W ADSL Loop of 12k to 18k ft. with an' option to remove bridged tap (such a Loop with the bridged tap so removed shall be deemed to be a "2W ADSL Compatible Loop 12. 12.a 2W ADSL Loop of less than 12k ft. with an option to remove bridged tap (such a Loop with the bridged tap so removed shall be deemed to be a "2W ADSL Compatible Loop 12.a 2W HDSL Loop of less than 12k ft. with an option to remove bridged tap: 12.a 4W HDSL Loop of less than 12k ft with an option to remove bridged tap; 12.a 2 W Digital Designed Metallic Loop with Verizon-placed ISDN loop extension electronics; 12.a 2W SDSL Loop with an option to remove bridged tap; and 12.a 2W IDSL Loop of less than 18k ft. with an option to remove bridged tap; Verizon shall make Digital Designed Loops available TNCI at the rates as set forth in the Pricing Attachment. In the former GTE Service Areas only, "Conditioned Loops" are comprised of designed loops that meet specific TNCI requirements for metallic loops over 12k ft. or for conditioning of 2-wire or 4-wire digital or BRI ISDN Loops. "Conditioned Loops" may include requests for: 14.a 2W Digital Loop with a total loop length of 12k to 30k ft. unloaded, with the option to remove bridged tap (such a Loop, unloaded, with bridged tap so removed shall be deemed to be a "2W Digital Compatible Loop 14.a 2W Digital Loop of 12k to 18k ft. with an option to remove load coils and/or bridged tap (such a Loop with load coils and/or bridged tap so removed shall be deemed to be a 2W Digital Compatible Loop 14.a 2W Digital or 4W Digital Loop of less than 12k ft. with an option to remove bridged tap (such a 2W Loop with bridged tap so removed shall be deemed to be a "2W Digital Compatible Loop 14.4 a 2W Digital Loop with Verizon-placed ISDN loop extension electronics (such a Loop with ISDN loop extension electronics so placed shall be deemed to be a "2W Digital Compatible Loop Verizon shall make Conditioned Loops available to TNCI at the rates as set forth in the Pricing Attachment. The following ordering procedures shall apply to xDSL Compatible Loops, Digital Designed and Conditioned Loops: TNCIIO Comp v2.7h.doc TNCI shall place orders for xDSL Compatible Loops, Digital Designed and Conditioned Loops by delivering to Verizon a valid electronic transmittal Service Order or other mutually agreed upon type of Service Order. Such Service Order shall be provided in accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. In former Bell Atlantic Service Areas, Verizon is conducting a mechanized survey of existing Loop facilities, on a Central Office by Central Office basis, to identify those Loo ps that meet the applicable technical characteristics established by Verizon for compatibility with xDSL Compatible or BRI ISDN signals. The results of this survey will be stored in a mechanized database and made available to TNCI as the process is completed in each Central Office. TNCI must utilize this mechanized loop qualification database, where available , in advance 2.4 TNCIIO Comp v2.7h.doc of submitting a valid electronic transmittal Service Order for an xDSL Compatible or BRI ISDN Loop. Charges for mechanized loop qualification information are set forth in the Pricing Attachment. In former GTE Service Areas, Verizon provides access to mechanized xDSL loop qualification information to help identify those loops that meet applicable technical characteristics for compatibility with xDSL Services that the CLEC may wish to offer to its end user Customers. TNCI must access Verizon s mechanized loop qualification system through the use of the on-line computer interface at www.verizon.com/wise in advance of submitting a valid electronic transmittal Service Order for xDSL service arrangements. The loop qualification information provided by Verizon gives TNCI the ability to determine loop composition , loop length and may provide other loop characteristics, when present, that may indicate incompatibility with xDSL Services such as load coils or Digital Loop Carrier. Information provided by the mechanized loop qualification system also indicates whether loop conditioning may be necessary. It is the responsibility of TNCI to evaluate the loop qualification information provided by Verizon and determine whether a loop meets TNCI requirements for xDSL Service, including determining whether conditioning should be ordered , prior to submitting an Order. If the Loop is not listed in the mechanized database described in Section 3.2 of this Attachment, TNCI must request a manual loop qualification, where such qualification is available , prior to submitting a valid electronic Service Order for an xDSL Compatible or BRI ISDN Loop. In general , Verizon will complete a manual loop qualification request within three (3) Business Days, although Verizon may require additional time due to poor record conditions, spikes in demand, or other unforeseen events. The manual loop qualification process is currently available in the former Bell Atlantic Service Areas only. If a query to the mechanized loop qualification database or manual loop qualification indicates that a Loop does not qualify (e., because it does not meet the applicable technical parameters set forth in the Loop descriptions above), TNCI may request an Engineering Query, where available, as described in Section 3.7 of this Attachment, to determine whether the result is due to characteristics of the loop itself (e., specific number and location of bridged taps, the specific number of load coils , or the gauge of the cable). Once a Loop has been pre-qualified , TNCI will submit a Service Order pursuant to Section 3.1 of this Attachment if it wishes to obtain the Loop. If the Loop is determined to be xDSL Compatible and if the Loop serving the serving address is usable and available to be assigned as a xDSL Compatible Loop, Verizon will initiate standard Loop provisioning and installation processes, and standard Loop provisioning intervals will apply. If the Loop is determined to be xDSL Compatible , but the Loop serving the service address is unusable or unavailable to be assigned as an xDSL Compatible Loop, Verizon will search the Customer s serving terminal for a suitable spare facility. If an xDSL Compatible Loop is found within the TNCIIO Comp v2.7h.doc serving terminal, Verizon will perform a Line and Station Transfer (or "pair swap ) whereby the Verizon technician will transfer the Customer s existing service from one existing Loop facility onto an alternate existing xDSL Compatible Loop facility serving the same location. Verizon performs Line and Station Transfers in accordance with the procedures developed in the DSL Collaborative in the State of New York, NY PSC Case 00-0121. Standard intervals do not apply when Verizon performs a Line and Station Transfer, and additional charges shall apply as set forth in the Pricing Attachment. If TNCI submits a Service Order for an xDSL Compatible or BRI ISDN Loop that has not been prequalified , Verizon will query the Service Order back to TNCI for qualification and will not accept such Service Order until the Loop has been prequalified on a mechanized or manual basis. If TNCI submits a Service Order for an xDSL Compatible or BRI ISDN Loop that is, in fact, not compatible with the requested service (e.g. ADSL, HDSL etc.) in its existing condition, Verizon will respond back to TNCI with a "Nonqualified" indicator and with information showing whether the non-qualified result is due to the presence of load coils, presence of digital loop carrier, or loop length (including bridged tap). Where TNCI has followed the prequalification procedure described above and has determined that a Loop is not compatible with xDSL technologies or BRIISDN service in its existing condition, it may either request an Engineering Query, where available, to determine whether conditioning may make the Loop compatible with the applicable service; or if TNCI is already aware of the conditioning required (e. where TNCI has previously requested a qualification and has obtained loop characteristics), TNCI may submit a Service Order for a Digital Designed Loop. Verizon will undertake to condition or extend the Loop in accordance with this Section 3.2 of this Attachment upon receipt of TNCl's valid , accurate and pre-qualified Service Order for a Digital Designed Loop. The Parties will make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems. In general, where conditioning or loop extensions are requested by TNCI, an interval of eighteen (18) Business Days will be required by Verizon to complete the loop analysis and the necessary construction work involved in conditioning and/or extending the loop as follows: Three (3) Business Days will be required following receipt of TNCI's valid , accurate and pre-qualified Service Order for a Digital Designed or Conditioned Loop to analyze the loop and related plant records and to create an Engineering Work Order. Upon completion of an Engineering Work Order, Verizon will initiate the construction order to perform the changes/modifications to the Loop requested by TNCI. Conditioning activities are , in most cases, able to be accomplished within fifteen (15) Business Days. Unforeseen conditions may add to this interval. After the engineering and conditioning tasks have been completed , the standard Loop provisioning and installation process will be initiated subject to Verizon s standard provisioning intervals. If TNCI requires a change in scheduling, it must contact Verizon to issue a supplement to the original Service Order. If TNCI cancels the request for conditioning after a loop analysis has been completed but prior to the commencement of construction work, TNCI shall compensate Verizon for an Engineering Work Order charge as set forth in the Pricing Attachment. If TNCI cancels the request for conditioning after the loop analysis has been completed and after construction work has started or is complete, TNCI shall compensate Verizon for an Engineering Work Order charge as well as the charges associated with the conditioning tasks performed as set forth in the Pricing Attachment. Conversion of Live Telephone Exchange Service to Analog 2W Loops. TNCI 10 Comp v2.7h.doc The following coordination procedures shall apply to "live" cutovers of Verizon Customers who are converting their Telephone Exchange Services to TNCI Telephone Exchange Services provisioned over Analog 2W unbundled Local Loops ("Analog 2W Loops) to be provided by Verizon to TNCI: Coordinated cutover charges shall apply to conversions of live Telephone Exchange Services to Analog 2W Loops. When an outside dispatch is required to perform a conversion, additional charges may apply. If TNCI does not request a coordinated cutover, Verizon will process TNCl's order as a new installation subject to applicable standa provisioning intervals. TNCI shall request Analog 2W Loops for coordinated cutover from Verizon by delivering to Verizon a valid electronic Local Service Request ("LSR"). Verizon agrees to accept from TNCI the date and time for the conversion designated on the LSR ("Scheduled Conversion Time provided that such designation is within the regularly scheduled operating hours of the Verizon Regional CLEC Control Center ("RCCC") and subject to the availability of Verizon s work force. In the event that Verizon s work force is not available, TNCI and Verizon shall mutually agree on a New Conversion Time, as defined below. TNCI shall designate the Scheduled Conversion Time subject to Verizon standard provisioning intervals as stated in the Verizon CLEC Handbook, as may be revised from time to time. Within three (3) Business Days of Verizon s receipt of such valid LSR, or as otherwise required by Applicable Law Verizon shall provide TNCI the scheduled due date for conversion of the Analog 2W Loops covered by such LSR. TNCI shall provide dial tone at the TNCI collocation site at least forty-eight (48) hours prior to the Scheduled Conversion Time. Either Party may contact the other Party to negotiate a new Scheduled Conversion Time (the "New Conversion Time TNCIIO Comp v2.7h.doc provided, however, that each Party shall use commercially reasonable efforts to provide four (4) business hours advance notice to the other Party of its request for a New Conversion Time. Any Scheduled Conversion Time or New Conversion Time may not be rescheduled more than one (1) time in a Business Day, and any two New Conversion Times for a particular Analog 2W Loop shall differ by at least eight (8) hours, unless otherwise agreed to by the Parties. If the New Conversion Time is more than one (1) business hour from the original Scheduled Conversion Time or from the previous New Conversion Time, the Party requesting such New Conversion Time shall be subject to the following: If Verizon requests to reschedule outside of the one (1) hour time frame above , the Analog 2W Loops Service Order Charge for the original Scheduled Conversion Time or the previous New Conversion Time shall be credited upon request from TNCI; and If TNCI requests to reschedule outside the one (1) hour time frame above, TNCI shall be charged an additional Analog 2W Loops Service Order Charge for rescheduling the conversion to the New Conversion Time. If TNCI is not ready to accept service at the Scheduled Conversion Time or at a New Conversion Time, as applicable, an additional Service Order Charge shall apply. If Verizon is not available or ready to perform the conversion within thirty (30) minutes of the Scheduled Conversion Time or New Conversion Time, as applicable Verizon and TNCI will reschedule and , upon request from TNCI, Verizon will credit the Analog 2W Loop Service Order Charge for the original Scheduled Conversion Time. The standard time interval expected from disconnection of a live Telephone Exchange Service to the connection of the Analog 2W Loops to TNCI is fifteen (15) minutes per Analog 2W Loop for all orders consisting of twenty (20) Analog 2W Loops or less. Orders involving more than twenty (20) Loops will require a negotiated interval. Conversions involving LNP will be completed according to North American Numbering Council (NANC) standards, via the regional Number Portability Administration Center (NPAC). If TNCI requires Analog 2W Loop conversions outside of the regularly scheduled Verizon RCCC operating hours such conversions shall be separately negotiated. Additional charges (e.g. overtime labor charges) may apply for desired dates and times outside of regularly scheduled RCCC operating hours. 3.4 Cooperative Testing. In the former Bell Atlantic Service Areas only, TNCI may request Cooperative Testing in conjunction with its request for an xDSL Compatible Loop or Digital Designed Loop. "Cooperative Testing" is a procedure whereby a Verizon technician and a TNCI technician jointly verify that an xDSL Compatible Loop or Digital Designed Loop is properly installed and operational prior to Verizon completion of the order. TNCI may request, at its option , Cooperative Testing by entering a toll-free (e.g. 800/888/811) number in the Remarks field of the LSR of an xDSL Compatible or Digital Designed Loop Service Order, and the Verizon technician will call the toll-free number to perform the Cooperative Test. When both the Verizon and TNCI technicians agree that the Loop test shows that the Loop is operational , the TNCI technician will provide the Verizon technician with a serial number to acknowledge that the Loop is operational. Charges for Cooperative Testing are as set forth in the Pricing Attachment. Verizon shall provide TNCI access to its Loops at each of Verizon s Wire Centers for Loops terminating in that Wire Center. In addition , if TNCI orders one or more Loops provisioned via Integrated Digital Loop Carrier or Remote Switching technology deployed as a Loop concentrator, Verizon shall, where available move the requested Loop(s) to a spare physical Loop, if one is existing and available, at no additional charge to TNCI. If, however, no spare physical Loop is available, Verizon shall within three (3) Business Days of TNCl's request notify TNCI of the lack of available facilities. Upon request and to the extent required by Applicable Law, Verizon will provide TNCI access to the unbundled Local Loop through the demultiplexing of the integrated digitized Loop(s). Upon request and to the extent required by Applicable Law, Verizon will provide TNCI access to the unbundled Local Loop at the Loop concentration site point. Notwithstanding anything to the contrary in this Agreement, standard provisioning intervals shall not apply to Loops provided under this Section 3. Line Sharing Line Sharing" is an arrangement by which Verizon facilitates TNCl's provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), Multiple Virtual Line (MVL) (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC Regulations, to a particular Customer location over an existing copper Loop that is being used simultaneously by Verizon to provide analog circuit-switched Voice Grade service to that Customer by making available to TNCI , solely for TNCl's own use, the frequency range above the voice band on the same copper Loop required by TNCI to provide such services. This Section 4 addresses line sharing over loops that are entirely copper loops. Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall provide Line Sharing to TNCI for TNCl's provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC Regulations. Verizon shall provide Line Sharing to TNCI in accordance with, but only to the extent required by, Applicable Law. In order for a Loop to be eligible for Line Sharing, the following conditions must be satisfied for the duration of the Line Sharing arrangement: (i) the Loop must consist of a copper loop compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations; (ii) Verizon must TNCIIO Comp v2.7h.doc be providing simultaneous circuit-switched analog Voice Grade service to the Customer served by the Loop in question; (iii) the Verizon Customer s dial tone must originate from a Verizon End Office Switch in the Wire Center where the Line Sharing arrangement is being requested; and (iv) the xDSL technology to be deployed by TNCI on that Loop must not significantly degrade the performance of other services provided on that Loop. Verizon shall make Line Sharing available to TNCI at the rates and charges set forth in the Pricing Attachment. In addition to the recurring and non-recurring charges shown in the Pricing Attachment for Line Sharing itself, the following rates shown in the Pricing Attachment and in Verizon s applicable Tariffs are among those that may apply to a Line Sharing arrangement: (i) prequalification charges to determine whether a Loop is xDSL compatible (i., compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations); (ii) engineering query charges, engineering work order charges, or Loop conditioning (Digital Designed or Conditioned Loop) charges; (iii) charges associated with collocation activities requested by TNCI; and (iv) misdirected dispatch charges, charges for installation or repair, manual intervention surcharges, trouble isolation charges , and pair swap/line and station transfer charges. 4.4 The following ordering procedures shall apply to Line Sharing: 4.4.To determine whether a Loop qualifies for Line Sharing, the Loop must first be prequalified to determine if it is xDSL compatible. TNCI must utilize the Loop qualification processes described in the terms applicable to xDSL Compatible Loops , Digital Designed Loops and Conditioned Loops to make this determination. 4.4.TNCI shall place orders for Line Sharing by delivering to Verizon a valid electronic transmittal Service Order or other mutually agreed upon type of Service Order. Such Service Order shall be provided in accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. 4.4.If the Loop is prequalified by TNCI through the Verizon Loop prequalification tools, and if a positive response is received and followed by receipt of TNCl's valid, accurate and pre-qualified Service Order for Line Sharing, Verizon will return an LSR confirmation within twenty-four (24) hours (weekends and holidays excluded) for LSRs with less than six (6) loops and within 72 hours (weekends and holidays excluded) for LSRs with six (6) or more loops. In such case Verizon shall initiate provisioning and installation in accordance with the terms pertaining to xDSL Compatible Loops, Digital Designed Loops and Conditioned Loops pursuant to Section 3.5 of this Attachment. 4.4.4 If the Loop requires qualification manually or through an Engineering Query, three (3) additional Business Days will generally be required to obtain Loop qualification results before an order confirmation can be returned following receipt of TNCl's valid , accurate request. Verizon may require additional time to complete the Engineering Query where there are poor record conditions, spikes in demand, or other unforeseen events. 4.4.If conditioning is required to make a Loop capable of supporting Line Sharing and TNCI orders such conditioning, then Verizon shall provide TNCIIO Comp v2.7h.doc such conditioning in accordance with the terms of this Agreement pertaining to Digital Designed or Conditioned Loops; provided however, that Verizon shall not be obligated to provide Loop conditioning if Verizon establishes , in the manner required by Applicable Law , that such conditioning is likely to degrade significantly the Voice-Grade service being provided to Verizon s Customers over such Loops. 4.4.The standard Loop provisioning and installation process will be initiated for the Une Sharing arrangement only once the requested engineering and conditioning tasks have been completed on the Loop. Scheduling changes and charges associated with order cancellations after conditioning work has been initiated are addressed in the terms pertaining to Digital Designed and Conditioned Loops, as referenced in Section 4.4.5 of this Attachment. The standard provisioning interval for the Line Sharing arrangement shall be as set out in the Verizon Product Interval Guide; provided that the standard provisioning interval for the Line Sharing arrangement shall not exceed the shortest of the following intervals: (a) six (6) Business Days; (b) the standard provisioning interval for the Line Sharing arrangement that is stated in an applicable Verizon Tariff; or, (c) the standard provisioning interval for the Line Sharing arrangement that is required by Applicable Law, if any. The standard provisioning interval for the Line Sharing arrangement shall commence only once any requested engineering and conditioning tasks have been completed. The standard provisioning interval shall not apply where a Line and Station Transfer is performed pursuant to Section 3.2. In no event shall the Line Sharing interval offered to TNCI be longer than the interval offered to any similarly situated Affiliate of Verizon. 4.4.TNCI must provide all required collocation, CFA, Special Bill Number (SBN) and NC/NCI information when a Line Sharing Arrangement is ordered. Collocation augments required , either at the Point of Termination (POT) Bay, collocation node, or for splitter placement must be ordered using standard collocation applications and procedures, unless otherwise agreed to by the Parties or specified in this Agreement. 4.4.The Parties recognize that Line Sharing is an offering that requires both Parties to make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems and facility issues. TNCI will provide reasonable, timely, and accurate forecasts of its Line Sharing requirements, including splitter placement elections and ordering preferences. These forecasts are in addition to projections provided for other stand-alone unbundled Loop types. To the extent required by Applicable Law, TNCI shall provide Verizon with information regarding the type of xDSL technology that it deploys on each shared Loop. Where any proposed change in technology is planned on a shared Loop, TNCI must provide this information to Verizon in order for Verizon to update Loop records and anticipate effects that the change may have on the Voice Grade service and other Loops in the same or adjacent binder groups. As described more fully in Verizon Technical Reference 12575 , the xDSL technology used by TNCI for Line Share Arrangements shall operate within the Power Spectral Density (PSD) limits set forth in T1.413-1998 (ADSL), T1.419- 2000 (Splitterless ADSL), or TR59-1999 (RADSL), and MVL (a proprietary TNCI 10 Comp v2.7h.doc technology) shall operate within the 0 to 4 kHz PSD limits of T1.413-1998 and within the transmit PSD limits of T1.601-1998 for frequencies above 4 kHz provided that the MVL PSD associated with audible frequencies above 4 kHz shall be sufficiently attenuated to preclude significantly degrading voice services. TNCl's deployment of additional Advanced Services shall be subject to the applicable FCC Regulations. TNCI may only access the high frequency portion of a Loop in a Line Sharing arrangement through an established collocation arrangement at the Verizon Serving Wire Center that contains the End Office Switch through which Voice Grade service is provided to Verizon s Customer. TNCI is responsible for providing, through one of the splitter options described below, a splitter at that Wire Center that complies with ANSI specification T1.413, employs Direct Current (DC) blocking capacitors or equivalent technology to assist in isolating high bandwidth trouble resolution and maintenance to the high frequency portion of the frequency spectrum, and operates so that the analog voice "dial tone stays active when the splitter card is removed for testing or maintenance. TNCI is also responsible for providing its own Digital Subscriber Line Access Multiplexer (DSLAM) equipment in the collocation arrangement and any necessary Customer Provided Equipment (CPE) for the xDSL service it intends to provide (including CPE splitters, filters and/or other equipment necessary for the end user to receive separate voice and data services across the shared Loop ). Two splitter configurations are available. In both configurations , the splitter must be provided by TNCI and must satisfy the same NEBS requirements that Verizon imposes on its own splitter equipment or the splitter equipment of any Verizon Affiliate. TNCI must designate which splitter option it is choosing on the collocation application or augment. Regardless of the option selected, the splitter arrangements must be installed before TNCI submits an order for Line Sharing. Splitter Option A (Splitter Option 1): Splitter in TNCI Collocation Area In this configuration, the TNCI-provided splitter (ANSI T1.413 or MVL compliant) is provided, installed and maintained by TNCI in its own collocation space within the Customer s serving End Office. The Verizon-provided dial tone is routed through the splitter in the TNCI collocation area. Any rearrangements will be the responsibility of TNCI. Splitter Option C (Splitter Option 2): Splitter in Verizon Area In this configuration, Verizon inventories and maintains a TNCI-provided splitter (ANSI T1.413 or MVL compliant) in Verizon space within the Customer s serving End Office. The splitters will be installed shelf-at-a-time. In those serving End Offices where Verizon employs the use of a POT Bay for interconnection of TNCl's collocation arrangement with Verizon s network, the splitter will be installed (mounted) in a relay rack between the POT Bay and the MDF. The demarcation point is at the splitter end of the cable connecting the POT Bay and the splitter. Installation of the splitter will be performed by Verizon , at TNCl's election , by a Verizon-approved vendor designated by TNCI. In those serving End Offices where Verizon does not employ a POT Bay for interconnection of TNCl's collocation arrangement with Verizon s network, the TNCIID Comp v2.7h.doc TNCI provided splitter will be installed (mounted) in a relay rack between the TNCI collocation arrangement and the MDF. The demarcation point is at the splitter end of the cable connecting the TNCI collocation arrangement and the splitter. Installation of the splitter will be performed by Verizon , or, at TNCl's election , by a Verizon-approved vendor designated by TNCI. In either scenario, Verizon will control the splitter and will direct any required activity. Where a POT Bay is employed, Verizon will also perform all POT Bay work required in this configuration. Verizon will provide a splitter inventory to TNCI upon completion of the required work. Where a new splitter is to be installed as part of an initial collocation implementation, the splitter installation may be ordered as part of the initial collocation application. Associated collocation charges (application and engineering fees) apply. TNCI must submit a new collocation application, with the application fee, to Verizon detailing its request. Except as otherwise required by Applicable Law, standard collocation intervals will apply. Where a new splitter is to be installed as part of an existing collocation arrangement, or where the existing collocation arrangeme nt is to be augmented (e., with additional terminations at the POT Bay or TNCl's collocation arrangement to support Line Sharing), the splitter installation or augment may be ordered via an application for collocation augment. Associated collocation charges (application and engineering fees) apply. TNCI must submit the application for collocation augment, with the application fee, to Verizon. Unless a longer interval is stated in Verizon s applicable Tariff, an interval of seventy-six (76) Business Days shall apply. TNCI will have the following options for testing shared Loops: TNCIIO Comp v2.7h.doc In serving End Offices where Verizon employs a POT Bay for interconnection of TNCI collocation arrangement with Verizon network, the following options shall be available to TNCI. Under Splitter Option A, TNCI may conduct its own physical tests of the shared Loop from TNCl's collocation area. If it chooses to do so, TNCI may supply and install a test head to facilitate such physical tests, provided that: (a) the test head satisfies the same NEBS requirements that Verizon imposes on its own test head equipment or the test head equipment of any Verizon Affiliate; and (b) the test head does not interrupt the voice circuit to any greater degree than a conventional ML T test. Specifically, the TNCI- provided test equipment may not interrupt an in-in-progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. This optional TNCI- provided test head will be installed in TNCl's collocation area between the "line" port of the splitter and the POT Bay in order to conduct remote physical tests of the shared Loop. Under Splitter Option C, upon request by TNCI , either Verizon or, at TNCl's election , a Verizon-approved vendor selected by TNCI will install a TNCI-provided test head to 8.4 TNCI 10 Comp v2.7h.doc enable TNCI to conduct remote physical tests of the shared Loop. This optional TNCI-provided test head will be installed at a point between the "line" port of the splitter and the Verizon-provided test head that is used byVerizon to conduct its own Loop testing. The TNCI-provided test head must satisfy the same NEBS requirements that Verizon imposes on its own test head equipment or the test head equipment of any Verizon Affiliate, and may not interrupt the voice circuit to any greater degree than a conventional ML test. Specifically, the TNCI-provided test equipment may not interrupt an in-progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. Verizon will inventory, control and maintain the TNCI-provided test head , and will direct all required activity. Under either Splitter Option, if Verizon has installed its own test head, Verizon will conduct tests of the shared Loop using a Verizon-provided test head, and , upon request, will provide these test results to TNCI during normal trouble isolation procedures in accordance with reasonable procedures. 1.4 Under either Splitter Option , upon request by TNCI , Verizon will make ML T access available to TNCI via RET AS after the Service Order has been completed. TNCI will utilize the circuit number to initiate a test. Where Verizon has deployed Wideband Test equipment (i.e., Verizon-East), under either Splitter Option , upon request by TNCI, Verizon shall perform a Wideband Test to diagnose troubles and provide TNCI with the test results during the trouble shooting process. Charges for Wideband Testing are as set forth in the Pricing Attachment. In those serving End Offices where Verizon has not employed a POT Bay for interconnection of TNCl's collocation arrangement with Verizon s network, TNCI will not be permitted to supply its own test head. Instead, Verizon will make a testing system available to TNCI through use of the on-line computer interface test system at www.verizon.com/wise. The Parties will continue to work cooperatively on testing procedures. To this end, in situations where TNCI has attempted to use one or more of the foregoing testing options but is still unable to resolve the error or trouble on the shared Loop, Verizon and TNCI will each dispatch a technician to an agreed-upon point to conduct a joint meet test to identify and resolve the error or trouble. Verizon may assess a charge for a misdirected dispatch only if the error or trouble is determined to be one that TNCI should reasonably have been able to isolate and diagnose through one of the testing options available to TNCI above. The Parties will mutually agree upon the specific procedures for conducting joint meet tests. Verizon and TNCI each have a responsibility to educate the Customer regarding which service provider should be called for problems with their respective service offerings. Verizon will retain primary TNCIIO Comp v2.7h.doc responsibility for voice band trouble tickets, including repairing analog Voice Grade services and the physical line between the NID at the Customer premises and the point of demarcation in the Central Office. TNCI will be responsible for repairing services it offers over the Line Sharing arrangement. Each Party will be responsible for maintaining its own equipment. If a splitter or test head that TNCI has provided to Verizon malfunctions, TNCI shall provide a replacement splitter or test head to Verizon. Before either Party initiates any activity on ashared Loop that may cause a disruption of the service of the other Party, that Party shall first make a good faith effort to notify the other Party of the possibility of a service disruption. Verizon and TNCI will work together to address Customer initiated repair requests and to prevent adverse impacts to the Customer. When Verizon provides Inside Wire maintenance services to the Customer, Verizon will only be responsible for testing and repairing the Inside Wire for voice-grade services. Verizon will not test, dispatch a technician, repair, or upgrade Inside Wire to clear trouble calls associated with TNCI's Advanced Services. Verizon will not repair any CPE provided by TNCI. Before a trouble ticket is issued to Verizon TNCI shall validate whether the Customer is experiencing a trouble that arises from TNCl's service. If the problem reported is isolated to the analog voice-grade service provided by Verizon, a trouble ticket may be issued to Verizon. In the case of a trouble reported by the Customer on its Voice Grade service, if Verizon determines the reported trouble arises from TNCI' equipment, splitter problems, or TNCl's activities , Verizon will: Notify TNCI and request that TNCI immediately test the trouble on TNCl's service. If the Customer s Voice Grade service is so degraded that the Customer cannot originate or receive Voice Grade calls and TNCI has not cleared its trouble within a reasonable time frame, Verizon may take unilateral steps to temporarily restore the Customer s Voice Grade service if Verizon determines in good faith that the cause of the voice interruption is TNCl's service. Where the Customer s Voice Grade service is degraded by TNCl's particular technology deployment, Verizon will, to the extent required by Applicable Law, establish before the Commission that TNCl's particular technology deployment is causing the significant degradation and, upon Verizon having done so TNCI will discontinue deployment (or use) of that technology and wll migrate its Customers to technologies that will not significantly degrade the performance of other such services. Upon completion of the steps in Sections 4.1 and 2 of this Attachment, Verizon may temporarily remove the TNCI-provided splitter from the Customer s Loop and switch port if Verizon determines in good faith that the cause of the voice interruption is TNCl's service. 6.4 Upon notification from TNCI that the malfunction in TNCl's service has been cleared, Verizon will restore TNCI' service by restoring the splitter on the Customer s Loop. Upon completion of the above steps, TNCI will be charged a Trouble Isolation Charge (TIC) to recover Verizon s costs of isolating and temporarily removing the malfunctioning TNCI service from the Customer s line if the cause of the voice interruption was TNCl's service. Verizon shall not be liable to TNCI, the Customer, or any other person , for damages of any kind for disruptions to TNCl's service that are the result of the above steps taken in good faith to restore the end user s voice-grade POTS service, and TNCI shall indemnify Verizon from any Claims that result from such steps. Line Splitting CLECs may provide integrated voice and data services over the same Loop by engaging in "Line Splitting" as set forth in paragraph 18 of the FCC's Line Sharing Reconsideration Order (CC Docket Nos. 98-147, 96-98), released January 19 2001. Any Line Splitting between two CLECs shall be accomplished by prior negotiated arrangement between those CLECs. To achieve a Line Splitting capability, CLECs may utilize supporting Verizon OSS to order and combine in a Line Splitting configuration an unbundled xDSL Compatible Loop terminated to a collocated splitter and DSLAM equipment provided by a participating CLEC , unbundled switching combined with shared transport , collocator-to- collocator connections , and available cross-connects, under the terms and conditions set forth in their Interconnection Agreement(s). The participating CLECs shall provide any splitters used in a Line Splitting configuration. CLECs seeking to migrate existing UNE platform configurations to a Line Splitting configuration using the same Network Elements utilized in the pre-existing platform arrangement, or seeking to migrate a Line Sharing arrangement to a Line Splitting configuration using the existing Loop, a Verizon Local Switching Network Element, and the existing central office wiring configuration, may do so consistent with such implementation schedules, terms, conditions and guidelines as are agreed upon for such migrations in the ongoing DSL Collaborative in the State of New York, NY PSC Case 00-0121, allowing for local jurisdictional and OSS differences. Sub-Loop Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall allow TNCI to access Sub-Loops unbundled from local switching and transport, in accordance with the terms of this Section 6 and the rates and charges set forth in the Pricing Attachment. Verizon shall allow TNCI access to Sub-Loops in accordance with , but only to the extent required by, Applicable Law. The available Sub- Loop types are as set forth below. Unbundled Sub-Loop Arrangement- Distribution (USLA). Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall provide TNCI with access to a Sub-Loop Distribution Facility in accordance with, and subject to, the terms and provisions of this Section 6., the rates set forth in the Pricing Attachment, and the rates terms and conditions set forth in Verizon s applicable Tariffs. Verizon shall provide TNCI with access to a Sub-Loop Distribution Facility in accordance with but only to the extent required by, Applicable Law. TNCIIO Comp v2.7h.doc 1.4 TNCIIO Comp v2.7h.doc TNCI may request that Verizon reactivate (if available) an unused drop and NID or provide TNCI with access to a drop and NID that, at the time of TNCl's request, Verizon is using to provide service to the Customer (as such term is hereinafter defined). TNCI may obtain access to a Sub-Loop Distribution Facility only at an FDI, through any method required by Applicable Law, in addition to existing methods such as from a Telecommunications outside plant interconnection cabinet (TOPIC) or, if TNCI is collocated at a remote terminal equipment enclosure and the FDI for such Sub-Loop Distribution Facility is located in such enclosure, from the collocation arrangement of TNCI at such terminal. If TNCI obtains access to a Sub-Loop Distribution Facility from a TOPIC , TNCI shall install a TOPIC on an easement or Right of Way obtained by TNCI within 100 feet of the Verizon FDI to which such Sub-Loop Distribution Facility is connected. A TOPIC must comply with applicable industry standards. Subject to the terms of applicable Verizon easements, Verizon shall furnish and place an interconnecting cable between a Verizon FDI and a TNCI TOPIC and Verizon shall install a termination block within such TOPIC. Verizon shall retain title to and maintain the interconnecting cable. Verizon shall not be responsible for building, maintaining or servicing the TOPIC and shall not provide any power that might be required by TNCI for any of TNCl's electronics in the TOPIC. TNCI shall provide any easement, Right of Way or trenching or supporting structure required for any portion of an interconnecting cable that runs beyond a Verizon easement. TNCI may request from Verizon by submitting a loop make-up engineering query to Verizon , and Verizon shall provide to TNCI, the following information regarding a Sub-Loop Distribution Facility that serves an identified Customer: the Sub-Loop Distribution Facility length and gauge; whether the Sub-Loop Distribution Facility has loading and bridged tap; the amount of bridged tap (if any) on the Sub- Loop Distribution Facility; and, the location of the FDI to which the Sub-Loop Distribution Facility is connected. To order access to a Sub-Loop Distribution Facility from a TOPIC TNCI must first request that Verizon connect the Verizon FDI to which the Sub-Loop Distribution Facility is connected to a TNCI TOPIC. To make such a request, TNCI must submit to Verizon an application (a Sub-Loop Distribution Facility Interconnection Application ) that identifies the FDI at which TNCI wishes to access the Sub-Loop Distribution Facility. A Sub-Loop Distribution Facility Interconnection Application shall state the location of the TOPIC, the size of the interconnecting cable and a description of the cable s supporting structure. A Sub-Loop Distribution Facility Interconnection Application shall also include a five-year forecast of TNCl's demand for access to Sub-Loop Distribution Facilities at the requested FDI. TNCI must submit the application fee set forth in the Pricing Attachment attached hereto and Verizon s applicable Tariffs (a "Sub-Loop Distribution Facility Application Fee ) with Sub-Loop Distribution Facility Interconnection Application. TNCI must submit Sub-Loop Interconnection Applications to: TNCl's Account Manager TNCIIO Comp v2.7h.doc Within sixty (60) days after it receives a complete Sub-Loop Distribution Facility Interconnection Application for access to a Sub- Loop Distribution Facility and the Sub-Loop Distribution Facility Application Fee for such application, Verizon shall provide to TNCI a work order that de~cribes the work that Verizon must perform to provide such access (a "Sub-Loop Distribution Facility Work Order and a statement of the cost of such work (a "Sub-Loop Distribution Facility Interconnection Cost Statement"). TNCI shall pay to Verizon fifty percent (50%) of the cost set forth in a Sub-Loop Distribution Facility Interconnection Cost Statement within sixty (60) days of TNCI'~ receipt of such statement and the associated Sub-Loop Distribution Facility Work Order, and Verizon shall not be obligated to perform any of the work ~et forth in such order until Verizon has received such payment. A Sub-Loop Distribution Facility Interconnection Application shall be deemed to have been withdrawn if TNCI breaches its payment obligation under this Section. Upon Verizon 's completion of the work that Verizon must perform to provide TNCI with access to a Sub-Loop Distribution Facility, Verizon shall bill TNCI, and TNCI shall pay to Verizon , the balance of the cost set forth in the Sub-Loop Distribution Facility Interconnection Cost Statement for such access. After Verizon has completed the installation of the interconnecting cable to a TNCI TOPIC and TNCI has paid the full cost of such installation, TNCI can request the connection of Verizon Sub-Loop Distribution Facilities to the TNCI TOPIC. At the same time, TNCI shall advise Verizon of the services that TNCI plans to provide over the Sub-Loop Distribution Facility, request any conditioning of the Sub- Loop Distribution Facility and assign the pairs in the interconnecting cable. TNCI shall run any crosswires within the TOPIC. If TNCI requests that Verizon reactivate an unused drop and NID, then. TNCI shall provide dial tone (or its DSL equivalent) on the TNCI side of the applicable Verizon FDI at least twenty-four (24) hours before the due date. On the due date, a Verizon technician will run the appropriate cross connection to connect the Verizon Sub-Loop Distribution Facility to the TNCI dial tone or equivalent from the TOPIC. If TNCI requests that Verizon provide TNCI with access to a Sub-Loop Distribution Facility that, at the time of TNCI's request Verizon is using to provide service to a Customer, then, after TNCI has looped two interconnecting pairs through the TOPIC and at least twenty four (24) hours before the due date, a Verizon technician shall crosswire the dial tone from the Verizon central office through the Verizon side of the TOPIC and back out again to the Verizon FDI and Verizon Sub-Loop Distribution Facility using the "loop through" approach. On the due date, TNCI shall disconnect Verizon s dial tone crosswire its dial tone to the Sub-Loop Distribution Facility and submit TNCl's long-term number portability request. Verizon will not provide access to a Sub-Loop Distribution Facility if Verizon is using the loop of which the Sub-Loop Distribution Facility is a part to provide line sharing service to another CLEC or a service that uses derived channel technology to a Customer unless such other CLEC first terminates the Verizon-provided line sharing or such Customer first disconnects the service that utilizes derived channel technology. Verizon shall provide TNCI with access to a Sub-Loop Distribution Facility in accordance with negotiated intervals Verizon shall repair and maintain a Sub-Loop Distribution Facility at the request of TNCI and subject to the time and material rates set forth in Pricing Attachment and the rates, terms and conditions of Verizon applicable Tariffs. TNCI accepts responsibility for initial trouble isolation for Sub-Loop Distribution Facilities and providing Verizon with appropriate dispatch information based on its test results. If (a) TNCI reports to Verizon a Customer trouble, (b) TNCI requests a dispatch (c) Verizon dispatches a technician, and (d) such trouble was not caused by Verizon Sub-Loop Distribution Facility facilities or equipment in whole or in part, TNCI shall pay Verizon the charges set forth in the Pricing Attachment and Verizon s applicable Tariffs for time associated with said dispatch. In addition , these charges also apply when the Customer contact as designated by TNCI is not available at the appointed time. If as the result of TNCI instructions , Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in ), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to TNCI by Verizon. If as the result of TNCI instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out"), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to TNCI by Verizon. Unbundled Feeder Sub-Loop - Element (UFSE). TNCIIO Comp v2.7h.doc Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall provide TNCI with access to a Sub-Loop Feeder Facility in accordance with , and subject to, the terms and provisions of this Section 6., the rates and charges provided in the Pricing Attachment and the rates, terms and conditions of Verizon s applicable Tariffs. TNCI may obtain access to a Sub-Loop Feeder Facility through any method required by Applicable Law, in addition to existing methods such as from a TNCI collocation arrangement in the Verizon End Office where such Sub-Loop Feeder Facility originates, in which case Verizon shall terminate a Sub-Loop Feeder Facility in an RTEE that subtends such End Office only if TNCI has a collocation arrangement in such RTEE. Upon TNCl's request, Verizon will connect a Sub-Loop Feeder Facility to a TNCI collocation arrangement in the Verizon End Office where the Sub-Loop Feeder Facility originates and to either a TNCI collocation arrangement in the Verizon RTEE that subtends such End Office or a Telecommunications Carrier Outside Plant Cabinet (such a cabinet, a "TOPIC") located within 100 feet of the FDI that subtends the End Office and that TNCI has established in accordance with, and subject to the terms and provisions of, an agreement between Verizon and TNCI that governs the establishment of such TOPIC. Verizon shall connect a Sub-Loop Feeder Facility to the point of termination bay of a TNCI collocation arrangement in a Verizon Central Office or to a TNCI TOPIC, by installing appropriate cross connections and Verizon shall be solely responsible for installing such 100 2.4 cross connections. TNCI may obtain access to a Sub-Loop Feeder Facility between an End Office and an RTEE or an FDI only if DS1 or DS3-capable transmission facilities are available and not in use between such office and RTEE or FDI. TNCI shall run any crosswires within a TNCI physical collocation arrangement and a TNCI TOPIC and TNCI will have sole responsibility for identifying to Verizon where a Sub-Loop Feeder Facility should be connected to a TNCI collocation arrangement. TNCI shall be solely responsible for providing power and space for any cross connects and other equipment that Verizon installs in a TOPIC , and TNCI shall not bill Verizon, and Verizon shall not pay TNCI, for providing such power and space. Verizon shall not be obligated to provide to TNCI any multiplexing at an RTEE or at a TOPIC. If TNCI requests access to a Sub-Loop Feeder Facility and a Sub-Loop Distribution Facility that are already combined, such combination shall be deemed to be a loop and Verizon shall provide such loop to TNCI in accordance with, but only to the extent required by, the terms, provisions and rates in this Agreement that govern loops , if any. Verizon shall provide TNCI with access to Sub-Loop Feeder Facility in accordance with negotiated intervals. Verizon shall repair and maintain a Sub-Loop Feeder Facility at the request of TNCI and subject to the time and material rates set forth in the Pricing Attachment and the rates, terms and conditions of Verizon s applicable Tariffs. TNCI may not rearrange, disconnect remove or attempt to repair or maintain any Verizon equipment or facilities without the prior written consent of Verizon. TNCI accepts responsibility for initial trouble isolation for Sub-Loop Feeder Facilities and providing Verizon with appropriate dispatch information based on its test results. If (a) TNCI reports to Verizon a trouble , (b) TNCI requests a dispatch, (c) Verizon dispatches a technician, and (d) such trouble was not caused by Sub-Loop Feeder Facilities or equipment in whole or in part, then TNCI shall pay Verizon the charges set forth in Pricing Attachment and Verizon s applicable Tariffs for time associated with said dispatch. In addition, these charges also apply when a TNCI contact as designated by TNCI is not available at the appointed time. If as the result of TNCI instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in ), the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to TNCI by Verizon. If as the result of TNCI instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out" the charges set forth in Pricing Attachment and Verizon s applicable Tariffs will be assessed per occurrence to TNCI by Verizon. Collocation in Remote Terminals. To the extent required by Applicable Law, Verizon shall allow TNCI to collocate equipment in a Verizon remote terminal equipment enclosure in accordance with and subject to , the rates, terms and conditions set forth in the Collocation Attachment and the Pricing Attachment. Inside Wire TNCIIO Comp v2.7h.doc 101 House and Riser. Dark Fiber (This Section Intentionally Left Blank). Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall provide TNCI with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon only where existing facilities are available. Access to Dark Fiber Loops Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e., regenerators or optical amplifiers) installed thereon , Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon s Dark Fiber offerings. In addition to the other terms and conditions of this Agreement, the following terms and conditions shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF: TNCIID Comp v2.7h.doc Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon s Central Office that can be cross-connected to TNCl' collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon s accessible terminal located in Verizon s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at Verizon s accessible terminal in Verizon s Central Office that can be cross-connected to TNCI's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to TNCl's collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon s accessible terminal located at Verizon s main termination point located within the Customer premises and the other end terminates at Verizon accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to TNCl's collocation arrangement or adjacent structure , or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to TNCl's collocation arrangement or adjacent structure and the other end terminates at Verizon s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to TNCl's collocation arrangement or adjacent structure. A TNCI demarcation point at a Customer premises shall be established in the main telco room of the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not 102 TNCIIO Comp v2.7h.doc located in that room , then at a location to be determined by Verizon. A TNCI demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub- Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the TNCI demarcation point by installing a fiber jumper no greater than thirty (30) feet in length. TNCI may access a Dark Fiber Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and TNCI may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice point or case. Dark Fiber Loops , Dark Fiber Sub-Loops and Dark Fiber IOF are not available to TNCI unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon accessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch panel, are not available to TNCI. Except if and, to the extent required by, Applicable Law, Verizon will not perform splicing (e., introduce additional splice points or open existing splice points or cases) to accommodate TNCl's request. Verizon shall perform all work necessary to install (1) a cross connect or a fiber jumper from a Verizon accessible terminal to a TNCI collocation arrangement or (2) from a Verizon accessible terminal to TNCl's demarcation point at a Customer premises or TNCI Central Office. A "Dark Fiber Inquiry Form " must be submitted prior to submitting an ASR. Upon receipt of TNCl's completed Dark Fiber Inquiry Form Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the TNCl's Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an "Acknowledgement") based on the records search except that for voluminous requests or large, complex projects Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide , where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be discussed with TNCI. If access to Dark Fiber IOF is not available, Verizon will notify TNCI , within fifteen (15) Business Days, that no spare Dark Fiber IOF is available over the direct route nor any reasonable alternate indirect route, except that for voluminous 103 TNCI 10 Comp v2.7h.doc requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment. 5.4 TNCI shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber. Upon request from TNCI as indicated on the Dark Fiber Inquiry Form, Verizon shall hold such requested Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for TNCl's use for ten (10) Business Days from TNCl's receipt of Acknowledgement and may not allow any other party (including Verizon) to use such fiber during that time period. TNCI shall submit an order for the reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF as soon as possible using the standard ordering process or parallel provisioning process as described in Section 8.5. The standard ordering process shall be used when TNCI does not have additional requirements for collocation. The parallel provisioning process shall be used when TNCI requires new collocation facilities or changes to existing collocation arrangements. If no order is received from TNCI for the reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Da rk Fiber IOF within ten (10) Business Days from TNCl's receipt of Acknowledgement, Verizon shall return to spare the reserved Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that Verizon previously notified TNCI are available. Should TNCI submit an order to Verizon after the ten (10) Business Day reservation period for access to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that Verizon has previously notified TNCI was available TNCI assumes all risk that such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will no longer be available. Upon TNCl's request, the Parties will conduct parallel provisioning of collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF in accordance with the following terms and conditions: TNCI will use existing interfaces and Verizon current applications and order forms to request collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF. Verizon will parallel process TNCl's requests for collocation, including augments, and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF. 104 5.4 TNCIIO Comp v2.7h.doc Before TNCI submits a request for parallel provisioning of collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, TNCI will: submit a Dark Fiber Inquiry Form and receive an Acknowledgeme nt from Verizon; and submit a collocation application for the Verizon Central Office(s) where the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF terminates and receive confirmation from Verizon that TNCI's collocation application has been accepted. TNCI will prepare requests for parallel provisioning of collocation and Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF in the manner and form reasonably specified by Verizon. If Verizon rejects TNCl's Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF request, TNCI may cancel its collocation application within five (5) Business Days of such rejection and receive a refund of the collocation application fee paid by TNCI, less the costs Verizon incurred to date. If Verizon accepts TNCl's Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF request Verizon will parallel provision the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to a temporary location in Verizon s Central Office(s). Verizon will charge and TNCI will pay for parallel provisioning of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at the rates specified in the Pricing Attachment beginning on the date that Verizon accepts each Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF request. Within ten (10) days after Verizon completes a TNCI collocation application, TNCI shall submit a Dark Fiber change request to reposition Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF from the temporary location in that Verizon Central Office(s) to the permanent location at TNCI's collocation arrangement in such Verizon CentraIOffice(s). TNCI will prepare such request(s) in the manner and form specified by Verizon. If TNCI cancels its collocation application, TNCI must also submit a cancellation for the 105 TNCIID Comp v2.7h.doc unbundled Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF provisioned to the temporary location in the Verizon Central Office(s). TNCI shall order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF by sending to Verizon a separate ASR for each A to Z route. Where a collocation arrangement can be accomplished in a Verizon premises, access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that terminate in a Verizon premises must be accomplished via a collocation arrangement in that Verizon premises. In circumstances where a collocation arrangement cannot be accomplished in a Verizon premises, the Parties agree to negotiate for possible alternative arrangements. A Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be offered to TNCI in the condition that it is available in Verizon s network at the time that TNCI submits its request (Le. , " as is ). In addition Verizon shall not be required to convert lit fiber to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for TNCl's use. Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be Dark Fiber Loops, Dark Fiber Sub- Loops or Dark Fiber IOF, and, therefore, will not be offered to TNCI as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF. Fiber that has been assigned to fulfill a Customer order for maintenance purposes or for Verizon s lit fiber optic systems will not be offered to TNCI as Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF. TNCI shall be responsible for providing all transmission, terminating and lightwave repeater equipment necessary to light and use Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF. TNCI may not resell Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF, purchased pursuant to this Agreement to third parties. Except to the extent that Verizon is required by Applicable Law to provide Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF to TNCI for use for Special or Switched Exchange Access Services TNCI shall not use Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF, for Special or Switched Exchange Access Services. In order to preserve the efficiency of its network , Verizon may, upon a showing of need to the Commission, limit TNCI to leasing up to a maximum of twenty-five percent (25%) of the Fiber Loops, Fiber Sub- Loops or Fiber IOF in any given segment of Verizon s network. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement: 14.Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF leased to TNCI upon a showing of need to the 106 8.2. TNCIID Comp v2.7h.doc Commission and twelve (12) months' advance written notice to TNCI; and 14.Verizon reserves and shall not waive, Verizon s right to claim before the Commission that Verizon should not have to fulfill a TNCI order for Dark Fiber Loops , Dark Fiber Sub- Loops, or Dark Fiber IOF because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than TNCI or impair Verizon s ability to meet a legal obligation. Except as expressly set forth in this Agreement, TNCI may not reserve Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF. TNCI shall be solely responsible for: (a) determining whether or not the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF accommodate the requirements of TNCI; (b) obtaining any Rights of Way, governmental or private property permit, easement or other authorization or approval required for access to the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF; (c) installation of fiber optic transmission equipment needed to power the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to transmit Telecommunications Services traffic; (d) installation of a demarcation point in a building where a Customer is located; and (e) except as set forth with respect to the parallel provisioning process addressed above, TNCl's collocation arrangements with any proper optical cross connects or other equipment that TNCI needs to access Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF before it submits an order for such access. TNCI hereby represents and warrants that it shall have all such rights of way, authorizations and the like applicable to the geographic location at which it wishes to establish a demarcation point for a Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF, on or before the date that TNCI places an order for the applicable Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF , and that it shall maintain the same going forward. TNCI is responsible for trouble isolation before reporting trouble to Verizon. Verizon will restore continuity to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that have been broken. Verizon will not repair a Dark Fiber Loop, Dark FiberSub-Loop or Dark Fiber IOF that is capable of transmitting light, even if the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF have changed. TNCI is responsible for all work activities at the Customer premises. Except as otherwise required by Applicable Law, all negotiations with the premises owner are solely the responsibility of TNCI. TNCI may request the following, which shall be provided on a time and materials basis (as set forth in the Pricing Attachment): 19.A fiber layout map that shows the streets within a Verizon Wire Center where there are existing Verizon fiber cable sheaths. Verizon shall provide such maps to TNCI subject to the agreement of TNCI, in writing, to treat the maps as confidential and to use them for preliminary design purposes only. TNCI acknowledges that fiber layout maps 107 19. Network Interface Device do not show whether or not spare Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF are available. Verizon shall provide fiber layout maps to TNCI subject to a negotiated interval. A field survey that shows the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF between two or more Verizon Central Offices, a Verizon Central Office and a TNCI Central Office or a Verizon End Office and the premises of a Customer, shows whether or not such Dark Fiber Loop(s), Dark Fiber Sub-Loop(s), or Dark Fiber IOF are defective , shows whether or not such Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF have been used by Verizon for emergency restoration activity and tests the transmission characteristics of Verizon s Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. If a field survey shows that a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF is available TNCI may reserve the Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF, as applicable, for ten (10) Business Days from recei pt of Verizon s field survey results. If TNCI submits an order for access to such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF after passage of the foregoing ten (10) Business Day reservation period , Verizon does not guarantee or warrant the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be available when Verizon receives such order, and TNCI assumes all risk that the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will not be available. Verizon shall perform a field survey subject to a negotiated interval. If a TNCI submits an order for a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF without first obtaining the results of a field survey of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, TNCI assumes all risk that the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will not be compatible with TNCl's equipment, including, but not limited , order cancellation charges. Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall permit TNCI to connect a TNCI Loop to the Inside Wiring of a Customer s premises through the use of a Verizon NID in accordance with this Section 9 and the rates and charges provided in the Pricing Attachment. Verizon shall provide TNCI with access to NIDs in accordance with , but only to the extent required by, Applicable Law. TNCI may access a Verizon NID either by means of a connection (but only if the use of such connection is technically feasible) from an adjoining TNCI NID deployed by TNCI or, if an entrance module is available in the Verizon NID, by connecting a TNCI Loop to the Verizon NID. When necessary, Verizon will rearrange its facilities to provide access to an existing Customer s Inside Wire. An entrance module is available only if facilities are not connected to it. In no case shall TNCI access, remove, disconnect or in any other way rearrange Verizon s Loop facilities from Verizon s NIDs, enclosures, or protectors. TNCIID Comp v2.7h.doc 108 10. 9.4 In no case shall TNCI access, remove, disconnect or in any other way rearrange a Customer s Inside Wiring from Verizon s NIDs, enclosures, or protectors where such Customer Inside Wiring is used in the provision of ongoing Telecommunications Service to that Customer. In no case shall TNCI remove or disconnect ground wires from Verizon s NIDs enclosures, or protectors. In no case shall TNCI remove or disconnect NID modules, protectors, or terminals from Verizon s NID enclosures. Maintenance and control of premises Inside Wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer Inside Wiring must be resolved by the person who controls use of the wiring (e., the Customer). When TNCI is connecting a TNCI-provided Loop to the Inside Wiring of a Customer s premises through the Customer s side of the Verizon NID , TNCI does not need to submit a request to Verizon and Verizon shall not charge TNCI for access to the Verizon NID. In such instances, TNCI shall comply with the provisions of Sections 9.2 through 9.7 of this Attachment and shall access the Customer s Inside Wire in the manner set forth in Section 9.8 of this Attachment. Due to the wide variety of NIDs utilized by Verizon (based on Customer size and environmental considerations), TNCI may access the Customer s Inside Wiring, acting as the agent of the Customer by any of the following means: Where an adequate length of Inside Wiring is present and environmental conditions permit, TNCI may remove the Inside Wiring from the Customer s side of the Verizon NID and connect that Inside Wiring to TNCl's NID. Where an adequate length of Inside Wiring is not present or environmental conditions do not permit, TNCI may enter the Customer side of the Verizon NID enclosure for the purpose of removing the Inside Wiring from the terminals of Verizon s NID and connecting a connectorized or spliced jumper wire from a suitable "punch out" hole of such NID enclosure to the Inside Wiring within the space of the Customer side of the Verizon NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the Verizon NID. TNCI may request Verizon to make other rearrangements to the Inside Wiring terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting party (i.e. TNCI, its agent, the building owner or the Customer). If TNCI accesses the Customer Inside Wiring as described in this Section 9., time and materials charges will be billed to the requesting party (i.e. TNCI , its agent, the building owner or the Customer). Unbundled Switching Elements 10.Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall make available to TNCI the local switching element and Tandem switching element unbundled from transport, local Loop transmission, or other services, in accordance with this Section 10 and the rates and charges provided in the TNCIID Comp v2.7h.doc 109 10. 10. 10.4 11. Pricing Attachment. Verizon shall provide TNCI with access to the local switching element and the Tandem switching element in accordance with, but only to the extent required by, Applicable Law. Local Switching. 10.The unbundled local switching element includes line side and trunk side facilities (e.g. line and trunk side Ports such as analog and ISDN line side Ports and DS1 trunk side Ports), plus the features, functions and capabilities of the switch. It consists of the line-side Port (including connection between a Loop termination and a switch line card, telephone number assignment, basic intercept, one primary directory listing, presubscription, and access to 911 , operator services and directory assistance), line and line group features (including all vertical features and line blocking options that the switch and its associated deployed switch software is capable of providing and are currently offered to Verizon s local exchange Customers), usage (including the connection of lines to lines, lines to trunks, trunks to lines, and trunks to trunks), and trunk features (including the connection between the trunk termination and a trunk card). 10.Verizon shall offer, as an optional chargeable feature, usage tapes in accordance with Section 8 of the Additional Services Attachment. 10.TNCI may request activation or deactivation of features on a per-port basis at any time, and shall compensate Verizon for the non-recurring charges associated with processing the order. TNCI may submit a Bona Fide Request in accordance with Section 14.3 of this Attachment for other switch features and functions that the switch is capable of providing, but which Verizon does not currently provide, or for customized routing of traffic other than operator services and/or directory assistance traffic. Verizon shall develop and provide these requested services where technically feasible with the agreement of TNCI to pay the recurring and non-recurring costs of developing, installing, updating, providing and maintaining these services. Network Design Request (NDR). Prior to submitting any order for unbundled local switching (as a UNE or in combination with other UNEs), TNCI shall complete the NDR process. As part of the NDR process, TNCI shall request standardized or customized routing of its Customer traffic in conjunction with the provision of unbundled Local Switching. If TNCI selects customized routing, TNCI shall define the routing plan and Verizon shall implement such plan, subject to technical feasibility constraints. Time and Material Charges may apply. Tandem Switching. The unbundled Tandem switching element includes trunk-connect facilities, the basic switching function of connecting trunks to trunks, and the functions that are centralized in Tandem Switches. Unbundled Tandem switching creates a temporary transmission path between interoffice trunks that are interconnected at a Verizon access Tandem for the purpose of routing a call or calls. Unbundled Interoffice Facilities TNCIID Comp v2.7h.doc 110 12. 11. 11. Subject to the conditions set forth in Section 1 of this Attachment, where facilities are available, at TNCl's request, Verizon shall provide TNCI with interoffice facilities (IOF) unbundled from other Network Elements at the rates set forth in the Pricing Attachment; provided , however, that Verizon shall offer unbundled shared IOF only to the extent that TNCI also purchases unbundled Local Switching capability from Verizon in accordance with Section 10 of this Attachment. Verizon shall provide TNCI with such IOF in accordance with, but only to the extent required by, Applicable Law. Verizon will not install new electronics, and Verizon will not build new facilities. If and, to the extent that, TNCI has purchased (or purchases) transport from Verizon under a Verizon tariff or otherwise, and TNCI has a right under Applicable Law to convert (and wishes to convert) such transport to unbundled IOF under this Agreement, it shall give Verizon written notice of such request (including, without limitation, through submission of ASRs if Verizon so requests) and provide to Verizon all information (including, without limitation, a listing of the specific circuits in question) that Verizon reasonably requires to effectuate such conversion. In the case of any such conversion, TNCI shall pay any and all conversion charges (e., non-recurring charges), as well as any and all termination liabilities, minimum service period charges and like charges in accordance with Verizon s applicable tariffs. 12. Signaling Networks and Call-Related Databases 12. 12. 12. 12. Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall provide TNCI with access to databases and associated signaling necessary for call routing and completion by providing SSl Common Channel Signaling ("CCS") Interconnection , and Interconnection and access to toll free service access code (e., 800/888/811) databases, LlDB , and any other necessary databases, in accordance with this Section 12 and the rates and charges provided in the Pricing Attachment. Such access shall be provided by Verizon in accordance with , but only to the extent required by, Applicable Law. TNCI shall provide Verizon with CCS Interconnection required for call routing and completion, and the billing of calls which involve TNCI's Customers, at non- discriminatory rates (subject to the provisions of the Pricing Attachment), terms and conditions, provided further that if the TNCI information Verizon requires to provide such call-related functionality is resident in a database, TNCI will provide Verizon with the access and authorization to query TNCl's information in the databases within which it is stored. Alternatively, either Party ("Purchasing Party ) may secure CCS Interconnection from a commercial SSl hub provider (third party signaling provider) to transport signaling messages to and from the Verizon CCS network, and in that case the other Party will permit the Purchasing Party to access the same databases as would have been accessible if the Purchasing Party had connected directly to the other Party s CCS network. If a third party signaling provider is selected by TNCI to transport signaling messages, that third party provider must present a letter of agency to Verizon , prior to the testing of the interconnection, authorizing the third party to act on behalf of TNCI. Regardless of the manner in which TNCI obtains CCS Interconnection, TNCI shall comply with Verizon s SSl certification process prior to establishing CCS Interconnection with Verizon. The Parties will provide CCS Signaling to each other, where and as available, in conjunction with all Reciprocal Compensation Traffic, Toll Traffic, Meet Point TNCIID Comp v2.7h.doc 111 12. 12. 12. 12. 12. 12. 13. Billing Traffic, and Transit Traffic. The Parties will cooperate on the exchange of TCAP messages to facilitate interoperability of CCS-based features between their respective networks, including all CLASS Features and functions, to the extent each Party offers such features and functions to its Customers. All CCS Signaling parameters will be provided upon request (where available), including called party number, Calling Party Number, originating line information, calling party category, and charge number. All privacy indicators will be honored as required under applicable law. The Parties will follow all OBF -adopted standards pertaining to CIC/OZZ codes. Where CCS Signaling is not available, in-band multi-frequency ("MF") wink start signaling will be provided. Any such MF arrangement will require a separate local trunk circuit between the Parties' respective switches in those instances where the Parties have established End Office to End Office high usage trunk groups. In such an arrangement, each Party will out pulse the full ten-digit telephone number of the called Party to the other Party. The Parties acknowledge that there is a network security risk associated with interconnection with the public Internet Protocol network, including, but not limited to, the risk that interconnection of TNCI signaling systems to the public Internet Protocol network may expose TNCI and Verizon signaling systems and information to interference by third parties. TNCI shall notify Verizon in writing sixty (60) days in advance of installation of any network arrangement that may expose signaling systems or information to access through the public Internet Protocol network. TNCI shall take commercially reasonable efforts to protect its signaling systems and Verizon s signaling systems from interference by unauthorized persons. Each Party shall provide trunk groups, where available and upon reasonable request, that are configured utilizing the B8ZS ESF protocol for 64 kbps clear channel transmission to allow for ISDN interoperability between the Parties respective networks. The following publications describe the practices, procedures and specifications generally utilized by Verizon for signaling purposes and are listed herein to assist the Parties in meeting their respective Interconnection responsibilities related to Signaling: 12.10.Telcordia Generic Requirements, GR-905-CORE, Issue 1 , March 1995 , and subsequent issues and amendments; and 12.10.Where applicable, Verizon Supplement Common Channel Signaling Network Interface Specification (Verizon-905). Each Party shall charge the other Party mutual and reciprocal rates for any usage-based charges for CCS Signaling, toll free service access code (e. 800/888/817) database access, LlDB access, and access to other necessary databases, as follows: Verizon shall charge TNCI in accordance with the Pricing Attachment and the terms and conditions in applicable Tariffs. TNCI shall charge Verizon rates equal to the rates Verizon charges TNCI, unless TNCl's Tariffs for CCS signaling provide for lower generally available rates, in which case TNCI shall charge Verizon such lower rates. Notwithstanding the foregoing, to the extent a Party uses a third party vendor for the provision of CCS Signaling, such charges shall apply only to the third party vendor. Operations Support Systems TNCIID Comp v2.7h.doc 112 Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the Additional Services Attachment, Verizon shall provide TNCI with access via electronic interfaces to databases required for pre-ordering, ordering, provisioning, maintenance and repair, and billing. Verizon shall provide TNCI with such access in accordance with but only to the extent required by, Applicable Law. All such transactions shall be submitted by TNCI through such electronic interfaces. 14. 14. Availability of Other Network Elements on an Unbundled Basis Any request by TNCI for access to a Verizon Network Element that is not already available and that Verizon is required by Applicable Law to provide on an unbundled basis shall be treated as a Network Element Bona Fide Request pursuant to Section 14., of this Attachment. TNCI shall provide Verizon access to its Network Elements as mutually agreed by the Parties or as required by Applicable Law. 14.Notwithstanding anything to the contrary in this Section 14, a Party shall not be required to provide a proprietary Network Element to the other Party under this Section 14 except as required by Applicable Law. 14. 14. Network Element Bona Fide Request (BFR). 14. 14. 14.3.4 14. 14. TNCIID Comp v2.7h.doc Each Party shall promptly consider and analyze access to a new unbundled Network Element in response to the submission of a Network Element Bona Fide Request by the other Party hereunder. The Network Element Bona Fide Request process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (reI. Oct. 19, 1992) 1f 259 and n.603 or subsequent orders. A Network Element Bona Fide Request shall be submitted in writing and shall include a technical description of each requested Network Element. The requesting Party may cancel a Network Element Bona Fide Request at any time, but shall pay the other Party s reasonable and demonstrable costs of processing 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 by Applicable Law. If the receiving Party determines that the Network Element Bona Fide Request is technically feasible and access to the Network Element is required to be provided by Applicable Law, it shall promptly proceed with developing the Network Element Bona Fide Request upon receipt of written authorization from the requesting Party. When it receives 113 such authorization, the recehing Party shall promptly develop the requested services, determine their availability, calculate the applicable prices and establish installation intervals. Unless the Parties otherwise agree , the Network Element requested must be priced in accordance with Section 252(d)(1) of the Act. 14.As soon as feasible, but not more than ninety (90) days after its receipt of authorization to proceed with developing the Network Element Bona Fide Request, the receiving Party shall provide to the requesting Party a Network Element Bona Fide Request quote which will include, at a minimum , a description of each Network Element, the availability, the applicable rates, and the installation intervals. 14.Within thirty (30) days of its receipt of the Network Element Bona Fide Request quote, the requesting Party must either confirm its order for the Network Element Bona Fide Request pursuant to the Network Element Bona Fide Request quote or seek arbitration by the Commission pursuant to Section 252 of the Act. 14.If a Party to a Network Element Bona Fide Request believes that the other Party is not requesting, negotiating or processing the Network Element Bona Fide Request in good faith, or disputes a determination or price or cost quote, or is failing to act in accordance with Section 251 of the Act, such Party may seek mediation or arbitration by the Commission pursuant to Section 252 of the Act. 15.Maintenance of Network Elements If (a) TNCI reports to Verizon a Customer trouble, (b) TNCI requests a dispatch, (c) Verizon dispatches a technician, and (d) such trouble was not caused by Verizon facilities or equipment in whole or in part, then TNCI shall pay Verizon a charge set forth in the Pricing Attachment for time associated with said dispatch. In addition , this charge also applies when the Customer contact as designated by TNCI is not available at the appointed time. TNCI accepts responsibility for initial trouble isolation and providing Verizon with appropriate dispatch information based on its test results. If, as the result of TNCI instructions, Verizon is erroneously requested to dispatch to a site on Verizon company premises ("dispatch in ), a charge set forth in the Pricing Attachment will be assessed per occurrence to TNCI by Verizon. If as the result of TNCI instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon company premises ("dispatch out"), a charge set forth in the Pricing Attachment will be assessed per occurrence to TNCI by Verizon. Verizon agrees to respond to TNCI trouble reports on a non-discriminatory basis consistent with the manner in which it provides service to its own retail Customers or to any other similarly situated Telecommunications Carrier. 16.Combinations Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall be obligated to provide a Combination only to the extent provision of such Combination is required by Applicable Law. To the extent Verizon is required by Applicable Law to provide a Combination to TNCI , Verizon shall provide such Combination in accordance with , and subject to, requirements established by Verizon that are consistent with Applicable Law (such requirements, the "Combo Requirements ). Verizon shall make the Combo Requirements publicly available in an electronic form. 17.Rates and Charges The rates and charges for UNEs, Combinations and other services, facilities and TNCIID Comp v2.7h.doc 114 arrangements, offered under this Attachment shall be as provided in this Attachment and the Pricing Attachment. 18.Good Faith Performance If and , to the extent that, Verizon, prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with TNCI reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such Service; and , if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. TNCIID Comp v2.7h.doc 115 COLLOCATION ATTACHMENT Verizon s Provision of Collocation Verizon shall provide to TNCI, in accordance with this Agreement (including, but not limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law collocation for the purpose of facilitating TNCl's interconnection with facilities or services of Verizon or access to Unbundled Network Elements of Verizon; provided , that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide collocation to TNCI only to the extent required by Applicable Law and may decline to provide collocation to TNCI to the extent that provision of collocation is not required by Applicable Law. Because the Commission rejected Verizon s Collocation Tariff Advice No. 00-05 in Order No. 28490 on August 29 2000, Verizon shall provide collocation according to the following terms and conditions in the State of Idaho on an interim basis only until such time as the Commission s decision is reversed and Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or until such time as Verizon files another collocation Tariff in Idaho. At such time as the Commission s decision is reversed and Verizon s Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time as there is a Verizon collocation Tariff on file with the Commission, and subject to the foregoing, the following terms and conditions will be rendered ineffectual, and Verizon shall provide collocation to TNCI in accordance with the terms and conditions set forth in Verizon s collocation Tariff, and Verizon shall do so regardless of whether or not such terms and conditions are effective. Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest of this Agreement, set forth the terms and a conditions under which Verizon shall provide collocation services to TNCI. Collocation provides for access to Verizon s "premises , for the purpose of interconnection and/or access to Unbundled Network Elements (UNEs). For the purposes of this Attachment , " premises" is defined to include Verizon s central offices, serving Wire Centers, and all other buildings or similar structures owned, leased or otherwise controlled by Verizon that house Verizon s network facilities. Collocation at Verizon s Wire Centers and access tandems shall be accomplished through caged cageless, virtual or microwave service offerings, as described below, except if not practical for technical reasons or due to space limitations. In such event, Verizon shall provide adjacent collocation or other methods of collocation, subject to space availability and technical feasibility. As required by Applicable Law, Verizon shall also offer rates terms and conditions for collocation services that are not expressly addressed in this Attachment or other Verizon Tariffs on an individual case basis, and in doing so, shall comply with all applicable federal or state requirements. Types of Collocation. SinQle Caged . A single caged arrangement is a form of caged collocation, which allows a single CLEC to lease caged floor space to house its equipment within Verizon premises. Shared Caged. A shared caged arrangement is a newly constructed caged collocation arrangement that is jointly applied for and occupied by two or more CLECs within a Verizon premise. When two or more CLECs request establishment and jointly apply for a new caged collocation arrangement to be used as a shared caged arrangement one of the participating CLECs must agree to be the host CLEC (HC) TNCIID Comp v2.7h.doc 116 1.4 TNCIID Comp v2.7h.doc and the other(s) to be the guest CLEC (GC). The HC and GC(s) are solely responsible for determining whether to share a shared caged collocation arrangement and if so, upon what terms and conditions. The HC and GC(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. Verizon will not issue separate billing for any of the rate elements associated with the shared caged collocation arrangement between the HC and the GC(s), but Verizon will provide the HC with information on the proportionate share of the NRCs for each CLEC in the shared arrangement. The HC will be responsible for ordering and payment of all collocation applicable services ordered by the HC and GC(s). The HC and GC will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the HC and/or GC(s) for unbundled network elements ordered. The HC and GC(s) are Verizon s customers and have all the rights and obligations applicable hereunder to CLECs purchasing collocation- related services, including, without limitation, the obligation to pay all applicable charges, whether or not the HC is reimbursed for all or any portion of such charges by the guest(s). All terms and conditions for caged collocation as described in this Attachment will apply to shared caged collocation requirements. Subleased Caged . Vacant space available in a CLEC's caged collocation arrangement may be made available to a third party(s) for the purpose of interconnection and/or for access to UNEs in Verizon premises via the subleasing collocation arrangement. The CLEC subleases the floor space to the third party(s) pursuant to terms and conditions agreed to by the CLEC and the third party(s) involved. The CLEC and third party(s) must each be interconnected to Verizon for the exchange of traffic with Verizon and/or to access unbundled network elements. The CLEC is solely responsible for determining whether to sublease a shared caged collocation arrangement and if , upon what terms and conditions. Verizon will not issue separate billing for any of the rate elements associated with the subleased caged collocation arrangement between the CLEC and the third party(s). The CLEC will be responsible for ordering and payment of all collocation applicable services ordered by the CLEC and the third party(s). Each CLEC and third party will be responsible for ordering their own unbundled network elements from Verizon. Verizon will separately bill the CLEC and third party/parties for unbundled network elements ordered. The CLEC arid third party(s) are Verizon customers and have all the rights and obligations applicable hereunder to CLECs purchasing collocation-related services , including, without limitation , the obligation to pay all applicable charges, whether or not the CLEC is reimbursed for all or any portion of such charges by the third party(s). All terms and conditions for caged collocation as described in this Attachment will apply to subleased caged collocation requirements. CaQeless. Cageless collocation is a form of collocation in which CLECs can place their equipment in Verizon premises. A cageless collocation arrangement allows a CLEC, using Verizon approved vendors, to install equipment in single bay increments in an area designated by Verizon. The equipment location will be designated by Verizon and will vary based on individual Verizon premise 117 Ordering. TNCIID Comp v2.7h.doc configurations. CLEC equipment will not share the same equipment bays with Verizon equipment. Adjacent.An adjacent collocation arrangement permits a CLEC to construct or procure a structure on Verizon property for collocation for the purposes of interconnection and/or access to UNEs in accordance with the terms and conditions of this Agreement. Adjacent collocation is only an option when the following conditions are met: (1) space is legitimately exhausted in Verizon s premise for caged and cageless collocation; and (2) it is technically feasible to construct or procure a hut or similar structure on Verizon property that adheres to local building code, zoning requirements, and Verizon building standards. TNCI is responsible for complying with all zoning requirements, any federal, state or local regulations, ordinances and laws , and obtaining all associated permits. Verizon may, where required, participate in the zoning approval and permit acquisitions. TNCI may not take any action in establishing an adjacent structure that will force Verizon to violate any zoning requirements or any federal, state, or local regulations, ordinances, or laws. Any construction by TNCI on Verizon property must comply with Verizon s technical specifications as they relate to environmental safety and grounding requirements. Verizon will make available power and physical collocation services to TNCI in the same non- discriminatory manner as it provides itself for its own remote equipment buildings (REBs). Virtual.Under virtual collocation, Verizon installs and maintains TNCI provided equipment which is dedicated to the exclusive use of the TNCI in a collocation arrangement. Additional details on virtual collocation are set forth in Section 1. Microwave . Physical collocation of microwave transmission facilities will be permitted on a first-come , first-served basis except where such collocation is not practical for technical reasons or because of space limitations. Microwave collocation provides for the interconnection of TNCI or Verizon provided facilities , equipment and support structures located in , on or above the exterior walls and roof of Verizon premises. Additional details on microwave collocation are set forth in Section 10. Application. Point of Contact.TNCI must request collocation arrangements through Verizon s designated point of contact. Completed applications for collocation must be sent directly to Verizon s Collocation Project Manager at the following address: Collocation Project Manager, Verizon 125 High Street, Room 1134, Boston, MA 02110; Facsimile: (617) 342-8515; E-Mail at: collocation. appi icationsav.verizon. com . Additional information and requirements regarding collocation may be obtained from Verizon s public website at www.verizon.com 118 2.4 TNCIID Comp v2.7h.doc Application Form/Fee. TNCI requesting collocation at a Verizon premise will be req uired to complete the application form and submit the non-refundable engineering fee set forth in Appendix A, described in Section 1., for each Verizon premise at which collocation is requested. The application form will require TNCI to provide all engineering, floor space (where applicable), power, environmental and other requirements necessary for the function of the service. TNCI will provide Verizon with specifications for any non- standard or special requirements at the time of application. Verizon reserves the right to assess the customer any additional charges on an individual case basis ("ICB" associated with complying with the requirements. Any such charges shall be noticed to TNCI. Verizon will process collocation requests from CLECs on a first-come, first-serve basis pursuant to Verizon s receipt of a completed application form and the non-refundable engineering fee. Space Availabilitv. Subject to forecasting requirements, Verizon will inform TNCI whether space is available to accommodate TNCl's request within eight (8) Business Days after receipt of a completed application. Verizon s response will be one of the following: There is space and Verizon will proceed with the arrangement. There is no space. Verizon will proceed as described in Section 1.4. There is no readily available space , nowever, Verizon will determine whether space can be made available and will notify TNCI within twenty (20) Business Days. At the end of this period, Verizon will proceed as described in 1.10r 2 above. Collocation Schedule If space is available, Verizon will provide to TNCI a collocation schedule describing Verizon s ability to meet the physical collocation request within eight (8) Business Days after receipt of a completed application. TNCI shall have nine (9) Business Days from receipt of a Verizon provided collocation schedule to pay 50% of the NRCs associated with the ordered collocation services. If the application is deficient, Verizon will specify in writing, within eight (8) Business Days, the information that must be provided by TNCI in order to complete the application. If TNCI resubmits a revised application curing any deficiencies in its original application within 10 calendar days after being informed of them , TNCI shall retain its position within the collocation application queue. (Intentionally Left Blank). Auqmentation. All requests for an addition , partial reduction, or change to an existing collocation arrangement that has been inspected and turned over to TNCI is considered an augmentation. augmentation request will require the submission of a complete 119 TNCIID Comp v2.7h.doc application form and a non-refundable engineering or minor augment fee. A minor augment fee may not be required under the circumstances outlined below. The definition of a major or minor augment is as follows: Major augments of collocation arrangements are those requests that: (a) require AC or DC power; (b) add equipment that generates more BTU's of heat, or (c) increase the floor space over what TNCI requested in its original application. A complete application and engineering fee will be required when submitting a request that requires a major augment. Minor augments of collocation arrangements will require the submission of a complete application form and the minor augment fee. Minor augments are those requests that: (a) do not require additional DC and AC power, (b) do not add equipment that generates more BTU's of heat, (c) do not increase floor space, and (d) do not add transmission cables, over what TNCI requested in its original application. The requirements of a minor augment request cannot exceed the capacity of the existing/proposed electrical power or HVAC system. Requests for additional DSO, DS1 and DS3 facility terminations to access Verizon s unbundled network elements are included as minor augments providing no additional transmission cables are required. Minor augments that require an augment fee are those requests that require Verizon to perform a service or function on behalf of TNCI including but not limited to: installation of virtual equipment cards or software upgrades removal of virtual equipment, requests to pull cable from exterior microwave facilities, and requests to terminate DSO DS1 and DS3 cables. Minor augments that do not require a fee are those augments performed solely by TNCI , that do not require Verizon to provide a service or function on behalf of TNCI including but not limited to, requests to install additional equipment in TNCI collocation space. Prior to the installation of the additional equipment, TNCI agrees to provide Verizon an application form with an updated equipment listing that includes the new equipment to be installed in TNCl's collocation arrangement. Once the equipment list is submitted to Verizon, TNCI may proceed with the augment. TNCI agrees that changes in equipment provided by TNCI under this provision will not exceed the engineering specifications for power and HV AC as requested on original application. All augments will be subject to Verizon inspection , in accordance with term of this contract for the purpose of ensuring compliance with Verizon safety standards. Expansion. Verizon will not be required to construct additional space to provide for TNCI collocation when available space has been exhausted. Where TNCI seeks to expand its existing collocation 120 space, Verizon shall make contiguous space available to the extent possible; provided, however, Verizon does not guarantee contiguous space to TNCI to expand its existing collocation space. TNCI requests for expansion of existing space within a specific Verizon premise will require the submission of an application form and the appropriate major augment fee. Relocation. TNCI requests for relocation of the termination equipment from one location to a different location within the same Verizon premise will be handled on an ICB basis. TNCI will be responsible for all costs associated with the relocation of its equipment. Installation and Operation. TNCIID Comp v2.7h.doc Joint Planning and Implementation levels for Physical Collocation Verizon and TNCI shall work cooperatively in meeting the standard implementation milestones and deliverables as determined during the joint planning process. The physical (caged and cageless) collocation arrangement implementation interval is seventy-six (16) Business Days for all standard arrangement requests which were properly forecast six (6) months prior to the application date, subject to the conditions set forth for forecasting and capacity. Major construction obstacles or special TNCI requirements may extend the interval by fifteen (15) Business Days, resulting in a ninety-one (91 )-Business Day interval. The interval for collocation augments which were properly forecast six months prior to the application date , subject to Section 1.1.4 as well as the conditions for forecasting and capacity, is forty-five (45) Business Days where the necessary infrastructure is installed and available for use. Such augments are limited to the following: 800 2 wire voice grade terminations , or 400 4 wire voice grade terminations, or 600 line sharing/line splitting facilities, where line sharing/splitting already exists within the central office and where TNCI is eligible for line sharing/line splitting, or 1.4 28 DS 1 terminations, or 24 DS3 terminations, or 12 fiber terminations, or Conversion of 2 wire voice grade to 4 wire (minimum 100 - maximum 800), or 2 feeds (1A and 1 B) DC power fused at 60 amps or less, or DC Power as defined in 8 preceding, plus any one (1) additional item as defined in 1 through 1 preceding; or 2 of the following: a) 28 DS1 terminations; b) 3 DS3 terminations; or c) 12 121 TNCIID Comp v2.7h.doc 1.4 fiber terminations. TNCI must have 100% of all cables terminated to the existing cross connects for the one additional item selected and the in- service capacity of that selection must be at 85% utilization or above unless TNCI can demonstrate to Verizon that: a) the previous two months trend in growth would exceed 100% of the available capacity by the end of the forty-five (45) Business Day augment interval; or b) other good cause or causes that TNCI cross connect capacity may be exceeded by the end of the forty-five (45) Business Day augment interval. For 2 wire to 4 wire voice grade conversions, all pairs must be spare and in consecutive 100 pair counts. The following standard implementation milestones will apply, in Business Days, unless Verizon and TNCI jointly decide otherwise: 1 .Day 1- TNCI submits completed application and associated fee. Day 8-Verizon notifies TNCI that request can be accommodated and advises of due date. Day 11- TNCI notifies Verizon of its intent to proceed and submits 50% payment. Day 30-Material ships and is received at vendor warehouse; TNCI provided splitters delivered to vendor warehouse (Line Sharing Option C only, and applicable only where TNCI is eligible for line sharing/line splitting). Day 45-Augment (as defined herein) completes. Day 16-Verizon and TNCI attend collocation acceptance meeting and Verizon turns over the collocation arrangement to TNCI. Day 76 also applies to completion of other augments not defined herein. The forty-five (45) Business Day interval is subject to the following requirements: 1.4. 1.4. Infrastructure to support the requested augment must be in place (e., cable racking from common area to distributing frames, relay racks for splitter shelves , frame capacity for termination blocks, cable holes, fuse positions at existing Battery Distribution Fuse Boards (BDFBs). The TNCI must install sufficient equipment to support requested terminations/facilities. 122 TNCIID Comp v2.7h.doc 1.4.In large central offices with complex cable runs (i.e., multiple floors), the Verizon may request to negotiate extensions to the forty-five (45) Business Day interval. A preliminary schedule will be developed outlining major milestones. TNCI and Verizon control various interim milestones they must complete in order to meet the overall intervals. The interval clock will stop, and the final due date will be adjusted accordingly, for each milestone TNCI misses (day for day). When Verizon becomes aware of the possibility of vendor delays, Verizon will first contact TNCI to attempt to negotiate a new interval. If Verizon and TNCI cannot agree, the dispute will be submitted to the Commission for prompt resolution. Verizon and TNCI shall conduct additional joint planning meetings, as reasonably required , to ensure that all known issues are discussed and to address any that may impact the implementation process. Verizon will permit TNCI to schedule one escorted visit to TNCI's collocation space during construction. The applicable labor rates in Appendix A will be applied for the escorted visit. In the case of extended intervals resulting from within Verizon s control or resulting from vendor delays, and provided the necessary security is in place , Verizon will permit TNCI access to the collocation arrangement to install equipment while the delayed work is completed, so long as it is safe to do so and TNCI's work does not impair or interfere with Verizon in completing Verizon s work. Prior to TNCI beginning the installation of its equipment, TNCI must sign a conditional acceptance of the collocation arrangement. If TNCI elects to accept the space prior to the scheduled completion, occupancy fees shall commence upon signing a conditional acceptance of the space by TNCI. Intervals for non-standard arrangements, including adjacent collocation , shall be mutually agreed upon by TNCI and Verizon. Verizon will inform the Commission as soon as it knows it will require raw space conversion to fulfill a request based on an application or forecast. Raw space conversion timeframes are negotiated on an individual case basis based on negotiations with the site preparation vendor(s). Verizon will use its best efforts to minimize the additional time required to condition collocation space, and will inform TNCI of the time estimates as soon as possible. Forecasting and Use of Data. Verizon will request forecasts from TNCI on a semi-annual basis, with each forecast covering a two-year period. TNCI will be required to update the near-term (6-month) forecasted application dates. Information requested will include central office, month applications are expected to be sent, requested in-service month, preference for virtual or physical (caged or cageless) collocation , square footage required (physical), high-level list of equipment to be 123 TNCI ID Comp v2.7h.doc 2.2 installed (virtual), and anticipated splitter arrangements where TNCI is eligible for line sharing/line splitting. For augments, TNCI may elect to substitute alternative CLLI codes within a LATA for the forecasted demand. If Verizon has a written guarantee of reimbursement, it will examine forecasts for offices in which it is necessary to condition space, and discuss these forecasts with TNCI to determine the required space to be conditioned. If Verizon commits to condition space based on forecasts and if TNCI is assigned space, TNCI will give Verizon a non-refundable deposit equal to the application fee. Verizon will perform initial reviews of requested central offices forecasted for the next six months to identify potential problem sites. Verizon will consider forecasts in staffing decisions. Verizon will enter into planning discussions with TNCI to validate forecasts, discuss flexibility potential trouble areas, and assist in application preparation. Unforecasted demand (including augments) will be given a lesser priority than forecasted demand. Verizon will make every attempt to meet standard intervals for unforecasted requests. However, if unanticipated requests push demand beyond Verizon s capacity limits, Verizon will negotiate longer intervals as required (and within reason). In general ifforecasts are received less than two (2) months prior to the application date, the interval start day may be postponed as follows: 2.2.No forecast: Interval Start Date commences two (2) months after application receipt date. Forecast received one (1) month or less prior to application receipt date: Interval Start Date commences two (2) months after application receipt date. Forecast received greater than one (1) month and less than two (2) months prior to application receipt date: Interval Start Date commences one (1) month after application receipt date. 2.2.4 Forecast received two (2) months or more prior to application receipt date: Interval Start Date commences on the application receipt date. Any such interval adjustments will be discussed with TNCI at the time the application is received. Collocation Capacity. Verizon s estimate of its present capacity (i.e., no more than an increase of 15% over the average number of applications received for the preceding three months in a particular geographic area) is based on current staffing and current vendor arrangements. If the forecasts indicate spikes in demand, Verizon will attempt to smooth the demand via negotiations with the forecasting CLECs. 124 3.4 TNCI 10 Comp v2.7h.doc Verizon and TNCI fail to agree to smooth demand, Verizon will determine if additional expenditures would be required to satisfy the spikes in demand and will work with the Commission Staff to determine whether such additional expenditure is warranted and to evaluate cost recovery options. If Verizon augments its workforce based on TNCI forecasts and if TNCI refuses to smooth demand as described in Section 1., TNCI will be held accountable for the accuracy of their forecasts. Vendor Capacity. Verizon will continuously seek to improve vendor performance for all premises work, including collocation. Since the vendors require notice in order to meet increases in demand, Verizon will share TNCI actual and forecasted demand with appropriate vendors, as required, subject to the appropriate confidentiality safeguards. Responsibility for Vendor Delays. No party shall be excused from their obligations due to the acts or omissions of a Party s subcontractors, material, person , suppliers or other third persons providing such products or services to such Party unless such acts or omissions are the product of a Force Majeure Event, or unless such delay or failure and the consequences thereof are beyond the reasonable control and without the fault or negligence of the Party claiming excusable delay or failure to perform. Space Preparation. CaQe Construction. For caged collocation, TNCI may construct the cage with a standard enclosure if they are a Verizon approved contractor or TNCI may subcontract this work to a Verizon approved contractor. Site Selection/Power.Verizon shall designate the space within its premise where TNCI shall collocate its equipment. Verizon will assign collocation space to TNCI in a just reasonable , and nondiscriminatory manner. Verizon will allow TNCI requesting caged or cageless collocation to submit space preferences on the Application Form prior to assigning caged and cageless collocation space to TNCI. Verizon will assign caged and cage less space in accordance with the following standards: (1) TNCl's collocation costs cannot be materially increased by the assignment; (2) TNCl's occupation and use of Verizon premises cannot be materially delayed by the assignment; (3) The assignment cannot impair the quality of service or impose other limitations on the service TNCI wishes to offer; and (4) The assignment cannot reduce unreasonably the total space available for caged and cageless collocation , or preclude unreasonably, caged and cageless collocation within Verizon s premises. Verizon may assign caged and cageless collocation to space separate from space housing Verizon s equipment provided that each of the following conditions is met: (1) 125 TNCIID Comp v2.7h.doc 6.4 Either legitimate security concerns, or operational constraints unrelated to Verizon s or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; (2) Any caged and cageless collocation space assigned to an affiliate or subsidiary of Verizon is separated from space housing Verizon s equipment; (3) The separated space will be available in the same time frame as, or a shorter time frame than, non-separated space; (4) The cost of the separated space to TNCI will not be materially higher than the cost of non-separated space; and (5) The separated space is comparable, from a technical and engineering standpoint, to non-separated space. Where applicable, Verizon shall provide , at the rates set forth in Appendix A described in Section 1., 48V DC power with generator and/or battery back-up, heat, air conditioning and other environmental support to TNCI' equipment in the same standards and parameters required for Verizon equipment within that Verizon premise. TNCI may install AC convenience outlets and overhead lighting if TNCI is a Verizon approved contractor, or this work may be subcontracted to a Verizon approved contractor. DC Power. Verizon will provide DC power to the collocation arrangement as specified by TNCI in its collocation application. The TNCI will specify the load on each feed and the size of the fuse to be placed on each feed. TNCI must order a minimum of ten (10) load amps for each caged, cageless, and virtual collocation arrangement. TNCI may order additional DC Power (beyond the minimum) in one (1) amp increments. Charges for DC power will be applied based on the total number of load amps ordered on each feed. For example , if TNCI orders a total of 40 load amps of DC power and an A and B feed, TNCI could order 20 load amps on the A feed and 20 load amps on the B feed. Verizon will permit TNCI to order a fuse size up to 2.5 times the load amps ordered provided that applicable law permits this practice. Thus, TNCI could order that each feed be fused at 50 amps if TNCI wants one feed to carry the entire load in the event the other feed fails. Accordingly, TNCI will be charged on the basis of the total number of load amps ordered, Le., 40 amps, and not based on the total number of amps available for the fuse size ordered. TNCI is responsible for engineering the power consumption in its collocation arrangements and therefore must consider any special circumstances in determining the fused capacity of each feed. Verizon will engineer the power feeds to the collocation arrangement in accordance with industry standards based upon requirements ordered by TNCI in its collocation application. Any subsequent orders to increase DC power load at a collocation arrangement must be submitted on a collocation application. 126 TNCIID Comp v2.7h.doc Verizon reserves the right to perform random inspections to verify the actual power load being drawn by a collocation arrangement. At any time , without written notice , Verizon may measure the DC power drawn at an arrangement by monitoring Verizon s power distribution point. In those instances where Verizon needs access to the collocation arrangement to make these measurements , Verizon will schedule a joint meeting with TNCI. If the inspection reveals that the power being drawn does not exceed the total number of load amps ordered , no further action will apply. If the inspection reveals that the power being drawn exceeds the total number of load amps ordered but is within the applicable buffer zone, as defined in Section 1. that arrangement is subject to the following treatment: Verizon will provide TNCI with written notification , by certified US mail to the person designated by TNCI to receive such notice, that more power is being drawn than was ordered. Within ten (10) Business Days of the date of receipt of notification , TNCI must reduce the power being drawn to match its ordered load or revise its power requirement to accommodate the additional power being drawn. Verizon will accept a certification signed by a representative of TNCI that power consumption has been reduced to match the ordered load. Failure to reduce the power being drawn or submit a revised application within ten (10) Business Days will result in an increase in the amount of power being billed to the audited load amount. For a collocation arrangement that has 100 amps or less fused, the buffer zone for the first two violations during a consecutive twelve (12) month period will be 120% of load, as long as the second violation is not for the same collocation arrangement as the first. For any subsequent violations, or if the second violation is for the same collocation arrangement, and for any violation where the collocation arrangement has more than 100 amps fused, the buffer zone will be 110% of load. If the first inspection reveals that the power being drawn is greater than the applicable buffer zone specified in , that arrangement is subject to the following treatment: Verizon will notify the person designated by TNCI to receive such notice via telephone or mail that Verizon will take a second measurement no sooner than one (1) hour and no later than two (2) days after the initial 127 8.4 TNCIID Comp v2.7h.doc inspection. Verizon will not wait for TNCI or require it to be present during the second inspection. Additional Labor charges, as set forth in Appendix A, apply for the cost associated with performing this inspection. TNCI may perform its own inspection at TNCl's cage. TNCI is not required to wait for Verizon or require it to be present during TNCI test. Upon request of TNCI, Verizon will send a representative to accompany TNCI to conduct a joint inspection at TNCI cage at no charge to TNCI. Nothing herein shall be construed to prohibit TNCI from testing at its own cage. TNCI will send the results of its own audit measurements to Verizon if they are taken in response to a notice of violation under this section and if TNCI's measurements differ from Verizon If the second test also exceeds the applicable buffer zone, Verizon will provide TNCI with written notification, within ten (10) Business Days, by certified U.S. mail to the person designated by TNCI to receive such notice that it has exceeded its ordered power. The notification will include: (1) initials or identifying number of Verizon technician(s) who performed the inspection; (2) dates and times of the inspections; (3) the make, model and type of test equipment used; (4) the length of monitoring and the results of the specific audit; (5) the total load amps currently being billed; (6) how the test was done; and (7) any other relevant information or documents. Verizon will maintain a file of results taken of any inspections for two (2) years and such file will be made available to TNCI that was audited, upon request. Verizon will treat as confidential information the identity of CLECs that it audits as well as the results of such audits, unless it receives prior written consent of the affected CLEC to disclose such information or is required by Applicable Law to disclose such information to a court or commission. The foregoing does not preclude Verizon from making the notice described in Section 1. If TNCI disagrees with the results of the audit TNCI will first notify Verizon. Verizon and TNCI will make a good faith effort to resolve the issue. If the parties do not resolve the issue, either party can invoke dispute resolution processes set forth in this Agreement. The dispute 128 TNCIID Comp v2.7h.doc resolution process set forth in this Agreement can be initiated by either party after thirty (30) calendar days have elapsed. This period commences: (1) ten (10) Business Days from receipt of the notification, in the case of violation within the buffer zone; or (2) after TNCI has received notice of the second test, in the case of a violation over the buffer zone. With the notification required by Section 8.4, Verizon will also notify TNCI that it must submit a non-scheduled attestation of the power being drawn at each of its remaining collocation arrangements in the state. TNCI must submit this non-scheduled attestation within fifteen (15) Business Days of the date of this notification. Failure to submit this non- scheduled attestation will result in the application of additional labor charges for any subsequent DC power inspections Verizon performs prior to receipt of the next scheduled attestation. Scheduled attestations are defined in Section 1.11. If the inspection reveals that the power being drawn is greater than the applicable buffer zone set forth in Section , then TNCI shall pay Verizon for additional power as well as make separate and additional payments to a charitable organization agreed upon by the parties Charity ) in accordance with the following: For the first such violation within the same consecutive twelve (12) month period, TNCI will be billed the audited load amount for four (4) months. TNCI will make a separate and additional payment to the Charity, measured as the difference between the billing of the fused capacity and the billing at the audited load for four (4) months. TNCI must send notice of its Charity payment to Verizon within ten (10) calendar days of making the payment. For the second such violation within the same consecutive twelve (12) month period, TNCI will be billed the audited load amount for five (5) months. TNCI will make a separate and additional payment to the Charity, measured as the difference between the billing of the fused capacity and the billing at the audited load for five (5) months. TNCI must send notice of its Charity payment to Verizon within ten (10) calendar days of making the payment. For the third such violation within the same consecutive twelve (12) month period , TNCI will be billed the audited load amount for six (6) months. TNCI will make a separate and 129 TNCIID Comp v2.7h.doc additional payment to the Charity, measured as the difference between the billing of the fused capacity and the billing at the audited load for six (6) months. TNCI must send notice of its Charity payment to Verizon within ten (10) calendar days of making the payment. 9.4 For more than three (3) violations within the same consecutive twelve (12) month period Verizon will bill TNCI at the fused amount for a minimum of six (6) months and continue to bill at the fused amount until an updated attestation or augment specifying revised power is received. Verizon will notify TNCI that it is being billed pursuant to this Section 1., designating the applicable number of months and also calculating the payment owed to the Charity, under the provisions set forth preceding. At the conclusion of any dispute resolution proceeding, the above payments will be self. executing. If TNCI has requested a power augment under which the audited amount would be within the augmented load, plus the applicable buffer zone set forth in Section 1., and the augment is late due to the fault of Verizon, the payments specified in Section 1.9 will not be imposed and the parties will not count such an instance for purposes of implementing Section 1. Annually, TNCI must submit a written statement signed by a responsible officer of TNCI, which attests that it is not exceeding the total load of power as ordered in its collocation applications. This attestation, which must be received by Verizon no later than the last day of June, shall individually list all of TNCI's completed collocation arrangements provided by Verizon in the state. If TNCI fails to submit this written statement by the last day in June Verizon will notify TNCI in writing that it has thirty (30) calendar days to submit its power attestation. Failure to submit the required statement within the thirty (30) calendar day notice period will result in the billing of DC power at each collocation arrangement to be increasa:l to the total number of amps fused until such time as Verizon receives the required written statement by TNCI. Whenever Verizon is required to perform work on an collocation arrangement as a result of TNCl's order for a reduction in power requirements (e., change in fuse size), Verizon will assess a non-recurring charge for the additional labor. The non-recurring charge applies for the first half hour (or fraction thereof) and for each additional half hour (or fraction thereof) per technician, per occurrence as shown in Appendix A. 130 TNCI ID Comp v2.7h.doc If TNCI orders a change in the power configuration requiring new -48 volt DC power feeds to the collocation arrangement, Verizon will require an engineering/major augment Fee with an application, as set forth in Appendix A subject to the terms and conditions described in Section 5. In addition, if TNCl's order for a reduction in DC power triggers the deployment of power cabling to a different power distribution point, the engin eering/major augment fee as set forth in Appendix A applies. Verizon will work cooperatively with TNCI to configure the new power distribution cables and disconnect the old ones. Equipment and Facilities. Purchase of Equipment.TNCI will be responsible for supply, purchase , delivery, installation and maintenance of its equipment and equipment bay(s) in the collocation area. Verizon is not responsible for the design, engineering, or performance of TNCl's equipment and provided facilities for collocation. Upon installation of all transmission and power cables for collocation services, TNCI relinquishes all rights title and ownership of transmission (excluding fiber entrance facility cable) and power cables to Verizon. Permissible Equipment.Verizon shall permit the collocation and use of any equipment necessary for interconnection or access to unbundled network elements in accordance with the following standards: (1) Equipment is necessary for interconnection if an inability to deploy that equipment would, as a practical , economic, or operational matter preclude TNCI from obtaining interconnection with Verizon at a level equal in quality to that which Verizon obtains within its own network or Verizon provides to any of its affiliates , subsidiaries, or other parties; and (2) Equipment is necessary for access to an unbundled network element if an inability to deploy that equipment would , as a practical economic, or operational matter, preclude TNCI from obtaining nondiscriminatory access to that unbundled network element, including any of its features, functions , or capabilities. Multi-functional equipment shall be deemed necessary for interconnection or access to an unbundled network element if and only if the primary purpose and function of the equipment, as TNCI seeks to deploy it, meets either or both of the standards set forth in the preceding paragraph. For a piece of equipment to be utilized primarily to obtain equal in quality interconnection or nondiscriminatory access to one or more unbundled network elements, there also must be a logical nexus between the additional functions the equipment would perform and the telecommunication services TNCI seeks to provide to its customers by means of the interconnection or unbundled network element. The collocation of those functions of the equipment that, as stand-alone functions, do not meet either of the standards set forth in the preceding paragraph must not cause the 131 TNCIID Comp v2.7h.doc equipment to significantly increase the burden on Verizon property. Whenever Verizon objects to collocation of equipment by TNCI for purposes within the scope of Section 251 (c)(6) of the Act, Verizon shall prove to the state commission that the equipment is not necessary for interconnection or access to unbundled network elements under the standards set forth above. TNCI may place in its caged collocation space ancillary equipment such as cross connect frames, and metal storage cabinets. Metal storage cabinets must meet Verizon premise environmental standards. Specifications . Collocation facilities shall be placed maintained , relocated or removed in accordance with the applicable requirements and specifications of the current editions of the National Electrical Code (NEC), the National Electrical Safety Code (NESC) and rules and regulations of the Occupational Safety and Health Act (OSHA), the Federal Communications Commission, the Commission and any other governing authority having jurisdiction. All TNCI entrance facilities and splices must comply with Telecordia Technologies' Generic Specification for Optical Fiber and Optical Fiber Cable (TR- TSY-00020), Cable Placing Handbook , Cable Splicing Handbook, Cable Maintenance Handbook, and General Information Tools and Safety, as they relate to fire, safety, health, environmental safeguards or interference with Verizon services or facilities. TNCI designated and installed equipment located within Verizon premises must comply with the most recent issue unless otherwise specified, of Telecordia Technologies Network Equipment Building System (NE BS) Generic Equipment Requirements (GR-CORE-63) as it pertains to safety requirements. This equipment must also comply with the most current issue , unless otherwise specified, of Verizon s Network Equipment Installation Standards (Verizon Information Publication IP 12201) and Verizon Central Office Engineering Standards (Verizon Information Publication IP 12013). Where a difference in specification may exist, the more stringent shall apply. If there is a conflict between industry standards and Verizon s technical specifications , TNCI and Verizon will make a good faith effort to resolve the difference. TNCI designated facilities shall not physically, electronically or inductively interfere with the facilities of Verizon, other CLEC(s), tenant(s) or any other party. If such interference occurs, Verizon may take action as permitted under Section 1. TNCI equipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own central office equipment as defined in Verizon s NEBS requirements RNSA-NEB-95-0003, Revision 10 or higher. TNCI equipment is not required to meet the same performance and reliability standards as Verizon imposes 132 TNCIID Comp v2.7h.doc 1.4 on its own equipment as defined in Verizon s RNSA-NEB- 95-0003. Revision 10 or higher. In addition, TNCI may install equipment that has been deployed by Verizon for five (5) years or more with a proven safety record; however, this provision does not prohibit the installation of equipment less than five years old, provided the equipment meets the NEBS safety guidelines referenced in this section prior to the time of deployment. Verizon reserves the right to specify the type of cable , equipment and construction standards required in situations not otherwise covered in this Agreement. In such cases, Verizon will , at its discretion , furnish to TNCI written material which will specify and explain the required construction. Cable TNCI is required to provide proper cabling, based on circuit type (VF, DSO, xDSL, DS1 , DS3, etc.) to ensure adequate shielding and reduce the possibility of interference. TNCI is responsible for providing fire retardant riser cable that meets Verizon standards. Verizon is responsible for placing TNCl's fire retardant riser cable from the cable vault to the collocation space. Verizon is responsible for installing TNCI provided fiber optic cable in the cable space or conduit from the first manhole to the premises. This may be shared conduit with dedicated inner duct. If TNCI provides its own fiber optic facility, then TNCI shall be responsible for bringing its fiber optic cable to the Verizon premise manhole. TNCI must leave sufficient cable length for Verizon to be able to fully extend such cable through to TNCl's collocation space. Manhole/SDlicina Restrictions . Verizon reserves the right to prohibit all equipment and facilities, other than fiber optic cable, in its manholes. TNCI will not be permitted to splice fiber optic cable in the first manhole outside of the Verizon premise. Where TNCI is providing underground fiber optic cable in Manhole #1 , it must be of sufficient length as specified by Verizon to be pulled through the Verizon premise to TNCI's collocation space. Verizon is responsible for installing a cable splice, if necessary, where TNCI provided fiber optic cable meets Verizon standards within the Verizon premise cable vault or designated splicing chamber. Verizon will provide space and racking for the placement of an approved secured fire retardant splice enclosure. Access Points and Restrictions . Points of interconnection and demarcation between TNCl's facilities and Verizon facilities will be designated by Verizon. This point(s) will be a direct connection(s) to TNCl's network. Verizon shall have the right to require TNCI to terminate collocation facilities onto a Point of Termination (POT) Bay. TNCI must tag all entrance facilities to indicate ownership. TNCI will not be allowed access to Verizon s DSX line-ups, MDF or any other Verizon facility termination points. Only Verizon employees, agents or contractors will be allowed access to the MDF, DSX, or fiber distribution panel to terminate 133 TNCI ID Comp v2.7h.doc facilities, test connectivity, run jumpers and/or hot patch in- service circuits. Staqinq Area. For caged and cageless collocation arrangements, TNCI shall have the right to use a designated staging area, a portion of the Verizon premise and loading areas, if available, on a temporary basis during TNCI's equipment installation work in the collocation space. TNCI is responsible for protecting Verizon s equipment Verizon premise walls and flooring within the staging area and along the staging route. TNCI will meet all Verizon fire, safety, security and environmental requirements. The temporary staging area will be vacated and delivered to Verizon in an acceptable condition upon completion of the installation work. TNCI may also utilize a staging trailer which can be located on the exterior premises of Verizon premise. Verizon may assess TNCI a market value lease rate for the area occupied by the trailer. Testing . Upon installation of TNCI's equipment, and with prior notice, Verizon and TNCI will mutually agree to schedule a meeting prior to the turn-up phase of the equipment to ensure proper functionality between TNCl' equipment and the connections to Verizon equipment. The time period for this to occur will correspond to Verizon maintenance window installation requirements. It is solely the responsibility of TNCI to provide their own monitor and test points, if required , for connection directly to its terminal equipment. If TNCI cannot attend the scheduled turn-up phase meeting for any reason , TNCI must provide Verizon with seventy-two (72) hours advanced written notice prior to the scheduled meeting. If TNCI fails to attend the scheduled meeting without the advanced written notification, Verizon reserves the right to charge TNCI additional labor rates set forth in Appendix A for subsequent turn-up meetings with TNCI which are required to complete the turn-up phase of the collocation arrangement. Interconnection Between Collocated Spaces.Dedicated Transit Service (DTS), which allows for interconnection between TNCI and another CLEC, provides a dedicated electrical or optical path between collocation arrangements (caged, cageless, and virtual) of the same or of two different CLECs within the same Verizon premises, using Verizon provided distribution facilities. DTS is available for DSO DS1 , DS3, and dark fiber cross connects. In addition Verizon will also provide other technically feasible cross- connection arrangements, including lit fiber, on an Individual Case Basis (ICB) as requested by TNCI and agreed to by Verizon. Verizon will offer DTS to TNCI as long as such access is technically feasible. DTS is only available when both collocation arrangements (either caged, cageless, and/or virtual) being interconnected are within the same Verizon premises, provided that the collocated equipment is used for interconnection with Verizon and/or for 134 TNCIID Comp v2.7h.doc access to the Verizon s unbundled network elements. Verizon shall provide such DTS connections from TNCl's collocation arrangement to another collocation arrangement of TNCI within the same Verizon premises, or to a collocation arrangement of another CLEC in the same Verizon premises. DTS is provided at the same transmission level from TNCI to another CLEC. The DTS arrangement requires TNCI to provide cable assignment information for itself as well as for the other CLEC. Verizon will not make cable assignments for DTS. TNCI responsible for all DTS ordering, bill payment, disconnect orders and maintenance transactions and is the customer of record. When initiating a DTS request, TNCI must submit an Access Service Request (ASR) and a letter of agency from the CLEC it is connecting to that authorizes the DTS connection and facility assignment. DTS is provided on a negotiated interval with TNCI. Optical Facility Terminations . If TNCI requests access to unbundled dark fiber and unbundled optical interoffice facilities, TNCI may apply for a fiber optic patchcQrd connection(s) between Verizon s fiber distribution panel (FDP) and TNCl's collocated transmission equipment and facilities. The fiber optic patchcord cross connect is limited in use solely in conjunction with access to unbundled dark fiber, unbundled optical interoffice facilities, and Dedicated Transit Service. Non-Compliant Installations and Operations.If at any time Verizon reasonably determines that either TNCl's collocation equipment or it's engineering and installation do not meet the requirements outlined in this Attachment, TNCI will be responsible for the costs associated with the removal of equipment or modification of the equipment or engineering and installation to render it compliant. If TNCI fails to correct any non-compliance with these standards within thirty (30) days' written notice to TNCI, Verizon may have the equipment removed or the condition corrected at TNCI expense. If, during the installation phase, Verizon reasonably determines that any TNCI designated equipment is unsafe, non-standard or in violation of any applicable fire, environmental, security, or other laws or regulations, Verizon has the right to immediately stop the work until the problem is corrected to Verizon s satisfaction. However, when any of the above conditions poses an immediate threat to the safety of Verizon employees interferes with the performance of Verizon s service obligations, or poses an immediate threat to the physical integrity of the overhead superstructure or any other facilities of Verizon, Verizon may perform such work and/or take such action that Verizon deems necessary without prior notice to TNCI. The reasonable cost of said work and/or actions shall be borne by TNCI. Verizon reserves the right to remove products, facilities and equipment from its list of approved products upon ninety (90) days' notice to TNCI if such products, facilities and equipment are 135 TNCI ID Comp v2.7h.doc determined to be no longer compliant with NEBS safety standards. If TNCI equipment poses an immediate safety threat, TNCI shall remove the equipment immediately. Access to Collocation Space. Verizon will permit TNCl's employees agents, and contractors approved by Verizon to have direct access to TNCl's caged and cageless collocation equipment twenty-four (24) hours a day, seven (1) days a week and reasonable access to Verizon s restroom and parking facilities. TNCl's employees, agents, or contractors must comply with the policies and practices of Verizon pertaining to fire, safety, and security. Verizon reserves the right, with twenty-four (24) hours prior notice to TNCI, to access TNCl's collocated partitioned space to perform periodic inspections to ensure compliance with Verizon installation, safety and security practices. Where TNCI shares a common entrance to the Verizon premise with Verizon , the reasonable use of shared building facilities, e. elevators, unrestricted corridors, etc., will be permitted. However Verizon reserves the right to permanently remove and/or deny access from Verizon premises, any TNCI employee, agent , or contractor who violates Verizon s policies , work rules, or business conduct standards, or otherwise poses a security risk to Verizon. Network Outage. Damage and Reportinq. TNCI shall be responsible for: (a) any damage or network outage occurring as a result of TNCI owned or TNCI designated termination equipment in Verizon premise; (b) providing trouble report status when requested; (c) providing a contact number that is readily accessible twenty-four (24) hours a day, seven (7) days a week; (d) notifying Verizon of significant outages which could impact or degrade Verizon s switches and services and provide estimated clearing time for restoral; and (e) testing its equipment to identify and clear a trouble report when the trouble has been sectionalized (isolated) to TNCI service. Verizon will make every effort to contact TNCI in the event TNCI equipment disrupts the network. If Verizon is unable to make contact with TNCI , Verizon shall temporarily disconnect TNCl's service, as provided in Section 1.11. Security Requirements. 10.Security Measures TNCI agrees that its employees/vendors with access to Verizon premise shall at all times adhere to the rules of conduct established by Verizon for the Verizon premises and Verizon s personnel and vendors. Verizon reserves the right to make changes to such procedures and rules to preserve the integrity and operation of Verizon s network or facilities or to comply with applicable laws and regulations. Verizon will provide TNCI with written notice of such changes. Where applicable, Verizon will provide information to TNCI on the specific type of security training required so TNCl's employees can complete such training. TNCI will maintain with Verizon a list of all TNCI employees who are currently authorized by TNCI to access its caged and cageless collocation space and will include social 136 TNCIID Comp v2.7h.doc 10. security numbers of all such individuals. TNCI will also maintain with Verizon a list of its collocated-approved vendors and their social security numbers who request access to caged and cageless collocation space. Only those individuals approved by Verizon will be allowed access to Verizon premises and caged and cageless collocation space. Where required by agencies of federal state, or local government, only individuals that are U. citizens will be granted access. All TNCI personnel must obtain and prominently display a valid non-employee Verizon identification card. Former employees of Verizon will be given access to Verizon premises by TNCI in accordance with the Verizon s normal security procedures applicable to any Vendor(s) or Contractor(s) on Verizon premises. Verizon reserves the right to revoke any identification badge and/or access card of any TNCI employee or agent found in violations of the terms and conditions set forth herein. TNCI must follow Verizon s security guidelines, which are published on Verizon s web site. Verizon may suspend a TNCI employee or agent from Verizon s premises if his/her actions materially affect the safety and/or integrity of Verizon s network or the safety of Verizon or other TNCI employees/agents. Unless TNCI employee or agent poses an immediate threat to Verizon or other CLECs, Verizon will provide TNCI with a written explanation of violations committed by the TNCI employee or agent four (4) Business Days prior to suspending TNCI employee or agent from Verizon premises. TNCI will have two (2) Business Days to respond to Verizon s notification. Any such employee or agent may later be allowed readmission to Verizon premises on mutually agreeable terms. Nothing in this section , however, restricts Verizon s authority to bar the TNCI employee or agent from Verizon premises for violating Verizon s security guidelines. Security Standards . Verizon will be solely responsible for determining the appropriate level of security in each Verizon premise. Verizon reserves the right to deny access to Verizon buildings and/or outside facility structures for any TNCI employee, agent or contractor who cannot meet Verizon s established security standards. Employees agents or contractors of TNCI are required to meet the same security requirements and adhere to the same work rules that Verizon s employees and contractors are required to follow. Verizon also reserves the right to deny access to Verizon buildings and/or outside facility structures for TNCl's employee, agent and contractor for falsification of records, violation of fire , safety or security practices and policies or other just cause. TNCI employees, agents or contractors who meet Verizon s established security standards will be provided access to TNCI's caged and cageless collocation equipment 24 hours a day, seven days a week and reasonable access to Verizon s restroom facilities. If TNCI employees, agents or contractors request 137 TNCIID Comp v2.7h.doc 10. and are granted access to other areas of Verizon premises, a Verizon employee, agent or contractor may accompany and observe TNCI employee(s), agent(s) or contractor(s) at no cost to TNCI. Verizon may use reasonable security measures to protect its equipment including, for example, enclosing its equipment in its own cage or other separation , utilizing monitored card reader systems, digital security cameras, badges with computerized tracking systems, identification swipe cards keyed access and/or logs, as deemed appropriate by Verizon. Verizon may require TNCI employees and contractors to use a central or separate entrance to Verizon s premises provided, however, that where Verizon requires that TNCI employees or contractors access collocated equipment only through a separate entrance, employees and contractors of Verizon s affiliates and subsidiaries will be subject to the same restriction. Verizon may construct or require the construction of a separate entrance to access caged and cageless collocation space, provided that each of the following conditions is met: (i) Construction of a separate entrance is technically feasible; (ii) Either legitimate security concerns or operational constraints unrelated to the incumbent's or any of its affiliates' or subsidiaries competitive concerns warrant such separation; (iii) Construction of a separate entrance will not artificially delay collocation provisioning; and (iv) Construction of a separate entrance will not materially increase TNCl's collocation costs. Access Cards/ldentification. Access cards or keys will be provided to no more than a reasonable number of individuals for TNCI for each Verizon premise for the purpose of installation, maintenance and repair of TNCl's caged and cageless collocation equipment. All TNCI employees, agents and contractors requesting access to the Verizon premise are required to have a photo identification card , which identifies the person by name and the name of TNCI. The ID must be worn on the individual' exterior clothing while on or at Verizon premises. Verizon will provide TNCI with instructions and necessary access cards or keys to obtain access to Verizon premises. TNCI is required to immediately notify Verizon by the most expeditious means, when any TNCl's employee, agent or contractor with access privileges to Verizon premises is no longer in its employ, or when keys, access cards or other means of obtaining access to Verizon premises are lost stolen or not returned by an employee, agent or contractor no longer in its employ. TNCI is responsible for the immediate retrieval and return to Verizon of all keys, access cards or other means of obtaining access to Verizon premises upon termination of employment of TNCI' employee and/or termination of service. TNCI shall be responsible for the replacement cost of keys, access cards 138 1.4 or other means of obtaining access when lost, stolen or failure of TNCI or TNCI's employee, agent or contractor to return to Verizon. Emerqencv Access TNCI is responsible for providing a contact number that is readily accessible 24 hours a day, 7 days a week. TNCI will provide access to its collocation space at all times to allow Verizon to react to emergencies, to maintain the building operating systems (where applicable and necessary) and to ensure compliance with OSHANerizon regulations and standards related to fire, safety, health and environment safeguards. Verizon will attempt to notify TNCI in advance of any such emergency access. If advance notification is not possible Verizon will provide notification of any such entry to TNCI as soon as possible following the entry, indicating the reasons for the entry and any actions taken which might impact TNCl' facilities or equipment and its ability to provide service. Verizon will restrict access to TNCl's collocation space to persons necessary to handle such an emergency. The emergency provisioning and restoration of interconnection service shall be in accordance wth Part , Subpart D, Paragraph 64.401 , of the FCC's Rules and Regulations, which specifies the priority for such activities. Verizon reserves the right, without prior notice, to access TNCl's collocation space in an emergency, such as fire or other unsafe conditions, orfor purposes of averting any threat of harm imposed by TNCI or TNCl' equipment upon the operation of Verizon s or another CLEC' equipment, facilities and/or employees located outside TNCl' collocation space. Verizon will notify TNCI as soon as possible when such an event has occurred. In case of a Verizon work stoppage, TNCI's employees, contractors or agents will comply with the emergency operation procedures established by Verizon. Such emergency procedures should not directly affect TNCl's access to its premises, or ability to provide service. TNCI will notify Verizon point of contact of any work stoppages by TNCI employees. 1.4. Space Requirements. 1.4. TNCI ID Comp v2.7h.doc Space Availabilitv If Verizon is unable to accommodate caged and cageless collocation requests at a Verizon premise due to space limitations or other technical reasons, Verizon will post a list of all such sites on its website and will update the list within ten (10) calendar days of the date at which a Verizon premise runs out of caged and cageless collocation space. This information will be listed at the following public Internet URL: http://www.verizon.com/requiatorv Where Verizon has denied caged and cageless collocation requests at a Verizon premise due to space limitations or other technical reasons Verizon shall: (a) submit to the state commission , subject to any protective order as the state may deem necessary, detailed floor plans or diagrams of the Verizon premise which show what space, if any, Verizon or any of its affiliates has reserved for future use; and describe in detail, the specific future uses for which the space has been reserved and the length of time for each reservation; and (b) allow TNCI to tour the entire premises of the Verizon premise, without charge, within ten (10) calendar days of the tour request. Minimum/Maximum/Additional Space. The standard sizes of caged collocation space will be increments of 100 square feet unless 139 1.4. 1.4.4 1.4. TNCIID Comp v2.7h.doc mutually agreed to otherwise by Verizon and TNCI. The minimum amount of floor space available to TNCI at the time of the initial application will be twenty-five (25) square feet of caged collocation space or one (1) single bay in the case of cageless collocation. The maximum amount of space available in a specific Verizon premise to TNCI will be limited to the amount of existing suitable space which is technically feasible to support the collocation arrangement requested. Existing suitable space is defined as available space in a Verizon premise that does not require the addition of AC/DC power, heat and air conditioning, battery and/or generator back-up power and other requirements necessary for provisioning collocation services. Additional space to provide for caged , cageless and/or adjacent collocation will be provided on a per request basis , where available. Additional space can be requested by TNCI by completing and submitting a new application form and the applicable non-refundable engineering fee set forth in Appendix A. Verizon will not be required to lease additional space when available space has been exhausted. Use of Space. Verizon and TNCI will work cooperatively to determine proper space requirements, and efficient use of space. In addition to other applicable requirements set forth in this Agreement, TNCI shall install all its equipment within its designated area in contiguous line- ups in order to optimize the utilization of space within Verizon premises. TNCI shall use the collocation space solely for the purposes of installing, maintaining and operating TNCI's equipment to interconnect for the exchange of traffic with Verizon and/or for purposes of accessing UNEs. TNCI shall not construct improvements or make alterations or repairs to the collocation space without the prior written approval of Verizon. The collocation space may not be used for administrative purposes and may not be used as TNCl' employee(s) work location , office or retail space, or storage. The collocation space shall not be used as TNCl's mailing or shipping address. Reservation of Space.Verizon reserves the right to manage its Verizon premise conduit requirements and to reserve vacant space for planned facility. Verizon will retain and reserve a limited amount of vacant floor space within its Verizon premises for its own specific future uses on terms no more favorable than applicable to other CLECs seeking to reserve collocation space for their own future use. If the remaining vacant floor space within a Verizon premise is reserved for Verizon s own specific future use, the Verizon premise will be exempt from future caged and cageless collocation requests. TNCI shall not be permitted to reserve Verizon premise cable space or conduit system. If new conduit is required, Verizon will negotiate with TNCI to determine an alternative arrangement for the specific location. TNCI will be allowed to reserve collocation space for its caged/cageless arrangements based on TNCls documented forecast provided Verizon and subject to space availability. Such forecast must demonstrate a legitimate need to reserve the space for use on terms no more favorable than applicable to Verizon seeking to reserve vacant space for its own specific use. Cageless collocation bays may not be used solely for the purpose of storing TN CI equipment. Collocation Space Report Upon request by TNCI and upon TNCI signing a collocation nondisclosure agreement, Verizon will make 140 Pricing. TNCI ID Comp v2.7h.doc available a collocation space report with the following information for the Verizon premise requested: 1.4.Detailed description and amount of caged and cageless collocation space available; 1.4.Number of telecommunications carriers with existing collocation arrangements; 1.4.Modifications of the use of space since the last collocation space report requested; and 1.4.5.4 Measures being taken , if any, to make additional collocation spaces available. The collocation space report is not required prior to the submission of a collocation application for a specific Verizon premise in order to determine collocation space availability for the Verizon premise. The collocation space report will be provided to TNCI within ten (10) calendar days of the request provided the request is submitted during the ordinary course of business. A collocation space report fee contained in Appendix A will be assessed per request and per Verizon premise. Reclamation When initiating an application form, TNCI must have started installing equipment approved for collocation at Verizon premise within a reasonable period of time, not to exceed sixty (60) calendar days from the date TNCI accepts the collocation arrangement. If TNCI does not utilize its collocation space within the established time period, and has not met the space reservation requirements of Section 1.4.4 to the extent applicable , Verizon may reclaim the unused collocation space to accommodate another CLEC's request or Verizon s future space requirements. Verizon shall have the right, for good cause shown, and upon sixty (60) calendar days' notice , to reclaim any collocation space, cable space or conduit space in order to fulfill its obligation under public service law and its Tariffs to provide telecommunication services to its Customers. In such cases, Verizon will reimburse TNCI for reasonable direct costs and expenses in connection with such reclamation. Verizon will make every reasonable effort to find other alternatives before attempting to reclaim any such space. TNCI may seek Commission relief from reclamation within ten (10) Business Days of being notified. Rate Sheet.The rates for Verizon s collocation services provided pursuant to this Agreement are set forth in Appendix A attached hereto only to the extent that there are no corresponding rates in an applicable collocation Tariff on file with the Commission. If there is a collocation Tariff on file with the Commission, the rates in such Tariff shall apply and the rates set forth in Appendix A shall not apply. Subsequent to the execution of this Agreement, Verizon also may elect to file a collocation Tariff with provisions addressing any of the rates specified in this Agreement. Any such filing will expressly supercede and replace the corresponding rates set forth in Appendix A and will render such rates specified in Appendix A null and void. 141 Notwithstanding anything in this Agreement to the contrary, the rates identified in this attachment also may be superseded prospectively by rates contained in future final , binding and non-appealable regulatory orders or as otherwise required by legal requirements. Billino and Payment.The initial payment of NRCs shall be due and payable in accordance with Section 1.1. The balance of the NRCs and all related monthly recurring service charges will be billed to TNCI when Verizon provides TNCI access to the caged, cageless or adjacent collocation arrangement or completes installation of the virtual collocation arrangement and shall be payable in accordance with applicable established payment deadlines. Liability and Indemnification. In addition to their other respective indemnification and liability obligations set forth in this Agreement, each party shall meet the following obligations. To the extent that this provision conflicts with any other provision in this Agreement, this provision shall control. The fact that a provision appears in another part of the Agreement but not in this Attachment, or in this Attachment and not in another part of the Agreement, shall not be interpreted as, or deemed grounds for finding, a conflict. 6.4 TNCI ID Comp v2.7h.doc No liability shall attach to Verizon for damages arising from errors mistakes , omissions, interruptions, or delays of Verizon , its agents, servants or employees, in the course of establishing, furnishing, rearranging, moving, terminating, or changing the service or facilities (including the obtaining or furnishing of information in respect thereof or with respect to the subscribers or users of the service or facilities) in the absence of gross negligence or willful misconduct. Subject to the preceding and to the provisions following, with respect to any claim or suit, by TNCI or by any others, for damages associated with the installation, provision , termination , maintenance, repair or restoration of service, Verizon s liability, if any, shall not exceed an amount equal to the proportionate charge for the service by Verizon for the service for the period during which service was affected. Verizon shall not be liable for any act or omission of any other party furnishing a portion of seNce used in connection with the services herein. Verizon is not liable for damages to TNCI premises resulting from the furnishing of service, including the installation and removal of equipment and associated wiring, unless the damage is caused by Verizon s gross negligence or willful misconduct. Verizon shall be indemnified , defended and held harmless by TNCI and/or its end user against any claim, loss or damage arising from the use of services offered under this Attachment, involving: 6.4.All claims, including but not limited to injuries to persons or property from voltages or currents, arising out of any act or omission of TNCI or its end user in connection with facilities provided by Verizon, TNCI , or the end user; or 6.4.Verizon shall not be liable to TNCI or its customers in connection with the provision or use of the services 142 TNCIID Comp v2.7h.doc provided under this Attachment for indirect, incidental consequential, reliance or special damages, including (without limitation) damages for lost profits, regardless of the form of action, whether in contract, indemnity, warranty, strict liability, or tort, including (without limitation) negligence of any kind, even if Verizon has been advised of the possibility of such loss or damage. Verizon does not guarantee or make any warranty with respect to its services when used in an explosive atmosphere. Verizon shall be indemnified, defended and held harmless by TNCI from any and all claims by any person relating to TNCl's use of services so provided. No license under patents (other than the limited license to use) is granted by Verizon or shall be implied or arise by estoppel, with respect to any service offered under this Attachment. Verizon s failure to provide or maintain services under this Attachment shall be excused by labor difficulties, governmental orders , civil commotions, criminal actions taken against Verizon, acts of God and other circumstances beyond Verizon s reasonable control. Verizon shall not be liable for any act or omission of any other entity furnishing to TNCI facilities, equipment , or services used in conjunction with the services provided under this Attachment. Nor shall Verizon be liable for any damages or losses due to unauthorized use of the services or the failure or negligence of TNCI or TNCI end user, or due to the failure of equipment, facilities, or services provided by TNCI or its end user. Neither party shall be liable to the other or to any third party for any physical damage to each other s facilities or equipment within the central office, unless caused by the gross negligence or willful misconduct of the party s agents or employees. TNCI shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action and costs, including attorney s fees, whether suffered, made, instituted or asserted by TNCI or by any other party or person for damages to property and injury or death to persons, including payments made under any worker s compensation law or under any plan for employees' disability and death benefits , which may arise out of or be caused by the installation, maintenance, repair, replacement presence, use or removal of TNCl's equipment or facilities or by their proximity to the equipment or facilities or all parties occupying space within or on the exterior of Verizon s central office(s), or by any act or omission of Verizon, its employees, agents, former or striking employees, or contractors, in connection therewith, unless caused by gross negligence or willful misconduct on the part of Verizon. These provisions shall survive the termination, cancellation , modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon shall indemnify, defend and save harmless TNCI from and against any and all losses, claims , demands, causes of action and costs, including attorneys' fees, whether suffered , made, instituted or asserted by Verizon or by any other party or person for damages to 143 Casualty. TNCI ID Comp v2.7h.doc property and injury or death to persons, including payments made under any worker s compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused by Verizon s provision of service within or on the exterior of the central office of by an act or omission of TNCI , its employees, agents former or striking employees, or contractors, in connection therewith unless caused by gross negligence or willful misconduct on the part of TNCI. TNCI shall indemnify, defend and save harmless Verizon from and against any and all losses, claims, demands, causes of action damages and costs, including but not limited to attorney s fees and damages costs, and expense of relocating conduit systems resulting from loss of right-of-way or property owner consents, which may arise out of or be caused by the presence, in, or the occupancy of the central office by TNCI, and/or acts by TNCI , its employees, agents or contractors. TNCI shall indemnify, defend , and hold harmless Verizon, its directors officers and employees , servants, agents , affiliates and parent, from and against any and all claims , cost, expense or liability of any kind including but not limited to reasonable attorney s fees, arising out of or relating to TNCI installation and operation of its facilities or equipment within the multiplexing node, roof space and transmitter space. TNCI represents, warrants and covenants that it shall comply with all applicable federal, state or local law, ordinance, rule or regulations including but not limited to, any applicable environmental, fire, OSHA or zoning laws. TNCI shall indemnify, defend, and hold harmless Verizon , its directors, officers and employees , servants, agents affiliates and parent, from and against any and all claims, cost expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by TNCI , its directors, officers , employees, servants, agents, affiliates and parent. These provisions shall survive the termination, cancellation modification or rescission of the Agreement for at least 18 months from the date of the termination. Verizon represents, warrants and covenants that it shall comply with all applicable federal, state or local law, ordinance, rule or regulations in connection with its provision of service within or on the exterior of the central office, including but not limited to , any applicable environmental, fire, OSHA or zoning laws. Verizon shall indemnify, defend, and hold harmless TNCI, its directors, officers, employees agents or contractors, from and against any and all claims, cost expense or liability of any kind including but not limited to fines or penalties arising out of any breach of the foregoing by Verizon , its directors, officers and employees, servants, agents, affiliates and parent. Verizon and TNCI shall each be responsible for all persons under their control or aegis working in compliance herewith, satisfactorily, and in harmony with all others working in or on the exterior of the central office and, as appropriate, cable space. 144 TNCIID Comp v2.7h.doc If the collocation equipment location or any part thereof is damaged by fire or other casualty, TNCI shall give immediate notice thereof to Verizon. The terms and conditions of this Attachment shall remain in full force and effect with the following modifications: 1.7 . If the collocation equipment location or any part thereof is partially damaged or rendered partially unusable by fire or other casualty caused by Verizon, the damages thereto shall be repaired by and at the expense of Verizon. Non- recurring and monthly recurring charges, until such repair is substantially completed , shall be apportioned from the day following the casualty according to the part of the collocation equipment location which is usable. Verizon reserves the right to elect not to restore the collocation equipment location under the conditions specified in 1. If Verizon elects to restore the collocation equipment location, Verizon shall inform TNCI of its plans to repair/restore the collocation equipment location as soon as it is practicable and will work in good faith to restore service to TNCI as soon as possible. Verizon shall make repairs and restorations with all reasonable expedition subject to delays due to adjustment of insurance claims, labor troubles and causes beyond If the collocation equipment location or any part thereof is totally damaged or rendered wholly unusable by fire or other casualty caused by Verizon , then applicable non-recurring and monthly recurring charges shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the collocation equipment location shall have been repaired and restored by Verizon. Verizon reserves the right to elect not to restore the collocation equipment location under the conditions specified in 1. If Verizon elects to restore the collocation equipment location, Verizon shall inform TNCI of its plans to repair/restore the collocation equipment location as soon as it is practicable and will work in good faith to restore service to TNCI as soon as possible. Verizon shall make repairs and restorations with all reasonable expedition subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Verizon s reasonable control. If the collocation equipment location or any part thereof is partially damaged or rendered partially unusable by fire or other casualty through no fault of Verizon or TNCI, then the applicable non-recurring and monthly recurring charges shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the collocation equipment location shall have been repaired and restored. Any repair or restoration work undertaken by TNCI in its collocation arrangement must be done by a Verizon-approved contractor and must be approved in advance by Verizon. Verizon reserves the right to discontinue TNCl's collocation equipment location or any part thereof under the conditions specified in 1. 145 1.4 TNCI ID Comp v2.7h.doc 1.4 If the collocation equipment location or any part thereof is totally damaged , rendered wholly unusable, partially damaged or rendered partially unusable by fire or other casualty caused by TNCI, the liability and indemnification provisions of this Appendix shall apply and Verizon may terminate TNCI collocation arrangement immediately. If the collocation equipment location or any part thereof is rendered wholly unusable through no fault of TNCI, or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Verizon shall decide to demolish it or to rebuild it then , in any of such events, Verizon may elect to discontinue TNCI collocation equipment location or any part thereof. In this event Verizon will provide TNCI with written notification within ninety (90) days after such fire or casualty specifying a date for discontinuance. The date of discontinuance shall not be more than sixty (60) days after the issuance of such notice to TNCI. TNCI must vacate the premises by the date specified in the notice. Verizon s rights against TNCI under this Attachment prior to such discontinuance and any applicable non-recurring and monthly recurring charges owing shall be paid up to the date of discontinuance. Any payments of monthly recurring charges made by TNCI, which were on account of any period subsequent to such date shall' be returned to TNCI. After any such casualty and upon request by Verizon, TNCI shall remove from the collocation equipment location and other associated space, as promptly as reasonably possible, all of TNCI salvageable inventory and movable equipment, furniture and other property. In the event non-recurring and/or recurring charges were suspended pursuant to 1., TNClliability for applicable non-recurring and monthly recurring charges shall resume either upon occupancy by TNCI or thirty (30) days after written notice from Verizon that the collocation equipment location or any part thereof is restored to a condition comparable to that existing prior to such casualty, which ever comes first. Nothing contained in these provisions shall relieve TNCI from liability that may exist as a result of damage from fire or other casualty. Each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in full force and collectible and to the extent permitted by law, Verizon and TNCI each will release and waive all right of recovery against the other or anyone claiming through or under each of them by way of subrogation or otherwise. The release and waiver shall be in force only if both releasers' insurance policies contain a clause providing that such release or waiver shall not invalidate the insurance and also, provided that such a policy can be obtained without additional premiums. Verizon will not carry insurance on the TNCI furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by TNCI and therefore will not be obligated to repair any damage thereto or be obligated to replace the same. 146 Implementation and Termination of Service. TNCI ID Comp v2.7h.doc Implementation of Collocation Charges. Verizon shall provide TNCI with a notice ("Scheduled Completion Notice ) indicating the scheduled completion date ("Scheduled Completion Date ) for the collocation arrangement. Verizon shall also provide a notice that will remind TNCI of the Scheduled Completion Date and will request TNCI to schedule and attend a "Collocation Acceptance Meeting" ("CAM" Collocation charges will be implemented in accordance with this section regardless of the readiness of TNCI to utilize the completed collocation arrangement. Collection of Non-RecurrinQ CharQes . The initial payment of non-recurring charges (NRCs) shall be due and payable in accordance with Section 1.3. TNCI shall pay the balance of the NRCs ("NRC Balance ) upon TNCI acceptance of the collocation arrangement or thirty (30) calendar days after the collocation arrangement is completed, whichever comes first. Commencement of RecurrinQ CharQes . Monthly recurring charges will commence upon CLEC acceptance of the collocation arrangement or thirty (30) calendar days after the collocation arrangement is completed, whichever comes first ("Commencement Date ), and shall continue until terminated pursuant to Section 1.8). Extension Request.A CLEC may request to extend or delay the Scheduled Completion Date of a collocation arrangement for up to six (6) months. A CLEC electing to extend the Scheduled Completion Date of a collocation arrangement must notify Verizon in writing ("Extension Notice ) within thirty (30) calendar days after receiving the Scheduled Completion Notice. In order for Verizon to delay billing of monthly recurring charges for the applicable collocation arrangement, TNCI must remit the NRC Balance to Verizon for the collocation arrangement with the Extension Notice. Monthly recurring charges will not be billed by Verizon until the space for the collocation arrangement is accepted by TNCI or the six (6) month extension period has expired , whichever comes first. At any time during or after the extension period, if TNCI terminates its collocation arrangement, the termination shall be governed by Section 1.8.4. If Verizon ascertains the space for the collocation arrangement is needed to satisfy another CLEC' collocation request prior to the end of the six (6) month extension period, Verizon will notify TNCI that its collocation space has been requested by another CLEC. TNCI will have up to five (5) Business Days after the notification to retain the collocation space by notifying Verizon in writing that it desires to keep the space ("Retention Notice ). If TNCI retains the collocation space, monthly recurring charges shall commence for TNCI thirty (30) calendar days after TNCI sends the Retention Notice or when TNCI accepts the space, whichever comes first. 147 TNCIID Comp v2.7h.doc Grounds for Termination by Verizon.Failure by TNCI to comply with the terms and conditions of this Attachment, including nonpayment of rates and charges, may result in termination of collocation service. In addition to the other grounds for termination of collocation services set forth herein , Verizon reserves the right to terminate such services upon thirty (30) calendar days notice in the event TNCI: (a) is not in conformance with provisions of this Attachment or other Company standards and requirements; and/or (b) imposes continued disruption and threat of harm to Company employees and/or network, or Verizon s ability to provide service to other CLECs. Verizon also reserves the right to terminate such services, without prior notice , in the event TNCl's collocation arrangement imposes emergency conditions, such as fire or other unsafe conditions, upon the operation of Verizon s equipment and facilities or to Company employees located outside TNCl's collocation space. Verizon reserves the right to inspect TNCl's collocation arrangement to determine if sufficient DC Power and/or facility terminations are being used to maintain interconnection and/or access to unbundled network elements. If Verizon determines that the collocation arrangement is not being used for interconnection and/or access to unbundled network elements (from, for example, insufficient DC Power and/or facility terminations), Verizon reserves the right to terminate TNCl's collocation service upon thirty (30) calendar days notice. If Verizon elects to terminate a collocation arrangement pursuant to this section , the termination shall be governed by Section 1.8.4. Termination by CLEC.TNCI must notify Verizon in writing of its plans to terminate a collocation arrangement ("CLEC Termination Notice and such TNCI termination shall be governed by this Section. Termination After Completion. If TNCI elects to terminate an existing collocation arrangement after a collocation arrangement has been completed , the termination will be effective thirty (30) calendar days after Verizon s receipt of TNCI Termination Notice. If CLEC terminates a collocation arrangement under this section, the termination shall be governed by Section 1.8.4 and TNCI remains responsible to pay any unpaid NRCs associated with the terminated arrangement as set forth in Section 1.1. If the collocation arrangement being terminated contains equipment in which a third party maintains an ownership or a security interest TNCI shall include a list of any such owners and secured parties in TNCI Termination Notice. Termination Prior to Completion . If TNCI elects to terminate a request for collocation when construction is in progress and prior to completion of the collocation arrangement, the termination will be effective upon Verizon s receipt of TNCI Termination Notice. For all non-recurring charges associated with providing the collocation arrangement TNCI will be billed and is responsible for payment of non- recurring charges in accordance with the following (for the purposes of this section , the number of "Days" refers to 148 8.4 TNCIID Comp v2.7h.doc Business Days measured from Verizon s receipt of a complete application from TNCI): Effective date of TNCI termination on or between Days 1 to 15, TNCI owes 20% of non- recurring charges. Effective date of TNCI termination on or between Days 16 to 30, TNCI owes 40% of non- recurring charges. Effective date of TNCI termination on or between Days 31 to 45, TNCI owes 60% of non- recurring charges. 3.2.4 Effective date of TNCI termination on or between Days 46 to 60, TNCI owes 80% of non- recurring charges. Effective date of TNCI termination after Day 60 TNCI owes 100% of non-recurring charges. If after applying these percentages to NRCs already paid by TNCI, any refunds are due TNCI, such refunds shall be applied first as a credit to any accounts with balances owed by TNCI to Verizon, with any remaining refund amount issued to TNCI. Engineering/major augment fees submitted with the application will not be refunded. TNCI Termination Notice must be received by Verizon prior to the Scheduled Completion Date to avoid incurring any monthly recurring charges. Effects of Termination. If Verizon or TNCI terminates a collocation arrangement under the terms and conditions of this Attachment, the following provisions shall apply: 8.4.Equipment Removal and Monthly Recurring Charges. TNCI shall disconnect and remove its equipment from the designated collocation space by the effective date of the termination. Upon removal by TNCI of all its equipment from the collocation space, if TNCI does not restore the collocation space to its original condition at time of occupancy, TNCI will reimburse Verizon for the cost to do so. Due to physical and technical constraints, removal of TNCI entrance facility cable will be at Verizon s option. TNCI shall reimburse Verizon for all costs Verizon incurs to decommission DC Powe r and transmission cable terminations previously applied for by TNCI. Verizon reserves the right to remove TNCI's equipment if TNCI fails to remove and dispose of the equipment by the effective date of the termination. TNCI will be charged the appropriate additional labor charge in Appendix A for the removal and disposal of such equipment. All monthly recurring charges will continue to be charged to TNCI until the effective date of the termination or, at Verizon discretion , until any later date up to the date that all 149 8.4. equipment is removed and the collocation space is restored to its original condition at space turnover. Refund of Non-Recurring Charges. If Verizon or TNCI has terminated a collocation arrangement pursuant to Sections 2 and 1.3 and TNCI ("original CLEC") has paid a non- recurring charge(s) for an asset in a collocation arrangement, and is succeeded by another CLEC who uses the same asset ("subsequent CLEC"), TNCI will receive a refund from Verizon for the remaining undepreciated amount of the asset upon occupancy by the subsequent CLEC up to the applicable non-recurring charges paid by the subsequent CLEC. If Verizon uses an asset for which TNCI paid a non-recurring charge, Verizon will make a pro rata refund of such paid non-recurring charges to TNCI. For purposes of calculating prorated refunds to TNCI, Verizon will use the economic life of the asset. Any refunds issued pursuant to this section shall be applied first as a credit to any accounts with balances owed by TNCI to Verizon, and any remaining refund amount will be issued to TNCI. Engineering/major augment fees submitted with the application and any other paid non-recurring charges not associated with the asset will not be refunded. Closure. Decommissioninq or Sale of Premises . Collocation arrangements will automatically terminate if the premise in which the collocation space is located is closed , decommissioned or sold and no longer houses Verizon s network facilities. At least one hundred eighty (180) days written notice will be given to TNCI of events which may lead to the automatic termination of any such arrangement pursuant to the terms and conditions of this Attachment, except when extraordinary circumstances require a shorter interval. In such cases Verizon will provide notice to TNCI as soon as practicable. Verizon will work with TNCI to identify alternate collocation arrangements. Verizon will work cooperatively with TNCI to minimize any potential for service interruption resulting from such actions. Miscellaneous. Verizon retains ownership of Verizon premise floor space, adjacent land and equipment used to provide all forms of collocation. Verizon reserves for itself and its successors and assignees, the right to utilize the Verizon premises' space in such a manner as will best enable it to fulfill Verizon s service requirements. TNCI does not receive, as a result of entering into a collocation arrangement hereunder, any right, title or interest in Verizon s premise facility, the multiplexing node , multiplexing node enclosure, cable cable space, cable racking, vault space or conduit space other than as expressly provided herein. To the extent that TNCI requires use of a Verizon local exchange line, TNCI must order a business local exchange access line (B1). TNCI may not use Verizon official lines. Virtual Collocation. Unless otherwise specified in this Section 1., the provisions contained in other sections of the collocation Attachment shall apply to virtual collocation. TNCIID Comp v2.7h.doc 150 TNCIID Comp v2.7h.doc Description. Under virtual collocation, Verizon installs and maintains TNCI provided equipment, which is dedicated to the exclusive use of TNCI in a collocation arrangement. TNCI provides fiber-optic facilities through Verizon entrance manholes for connection to TNCI virtually collocated transmission equipment that provides interconnection to Verizon facilities located in the premises. The physical point of interface for connection to the virtual arrangement is referred to as manhole zero. From this manhole into the premises, Verizon shall assume ownership of and maintain the fiber. From this manhole toward TNCl's location, the fiber optic cable remains TNCl's responsibility, with TNCI performing all servicing and maintaining full ownership. If TNCI is purchasing Verizon provided unbundled interoffice facilities as transport, TNCI entrance fiber is not required. All elements/services shall be connected to the cutput cables of the virtual collocation arrangement using Verizon designated cable assignments, not channel assignments. Virtual collocation is offered on a first come, first served basis and is provided subject to the availability of space and facilities in each premises where virtual collocation is requested. If TNCI requests virtual collocation of equipment other than the standard virtual arrangement, TNCI and Verizon will mutually agree upon the type of equipment to be virtually collocated. Implementation Intervals and Planning.Verizon and TNCI shall work cooperatively to jointly plan the implementation milestones. Verizon and TNCI shall work cooperatively in meeting those milestones and deliverables as determined during the joint planning process. preliminary schedule will be developed outlining major milestones including anticipated delivery dates for the TNCI-provided transmission equipment and for training. Verizon will notify TNCI of issues or unanticipated delays, as they become known. Verizon and TNCI shall conduct additional joint planning meetings, as reasonably required, to ensure all known issues are discussed and to address any that may impact the implementation process. Planning meetings shall include establishment of schedule identiication of tests to be performed , spare plug-in/card requirements test equipment, and determination of the final implementation schedule. The implementation interval is 76 Business Days for all standard arrangement requests which were properly forecast six months prior to the application dates subject to the provisions in this Attachment governing forecasting and capacity. TNCI shall deliver the virtual collocation equipment to Verizon premises by Business Day forty (40). Verizon and TNCI shall work cooperatively to schedule each site on a priority-based order. Verizon and TNCI shall mutually agree upon intervals for non-standard arrangements. Transmission Failure. TNCI shall be responsible for monitoring and reporting signal loss to Verizon. In the event of a transmission failure, TNCI shall be responsible for initial trouble isolation as set forth in 151 9.4 TNCIID Comp v2.7h.doc Section 1., regardless of whether the fiber span is equipped with optical regeneration equipment. Accommodations . Upon receipt of a completed application and associated virtual engineering fee , Verizon will conduct an application review, engineering review and site survey at the requested premises. Verizon will notify TNCI within eight (8) Business Days of the results of this review and site survey. The dedicated terminal equipment inside Verizon s premises shall be provided by TNCI and leased to Verizon for the sum of one dollar after successful installation and equipment testing by Verizon. The term of the operating lease will run for the duration of the virtual collocation arrangement, at which time TNCI will remove the equipment. TNCI will retain ownership of this equipment inside the premises. Verizon will operate and maintain exclusive control over this equipment inside the premises. Where Verizon uses approved contractors for installation maintenance or repair of virtual collocation arrangements, TNCI may hire the same approved contractors directly for installation maintenance or repair of TNCI designated equipment. Where Verizon does not use contractors , TNCI designated equipment and TNCI provided facilities used in the provision of virtual collocation will be installed, maintained and repaired by Verizon. Verizon will maintain and repair TNCI designated equipment under the same timeframe and standards as its own equipment. TNCI personnel are not allowed on Verizon premises to maintain and repair on virtual collocation equipment. Verizon shall monitor local premises and environmental alarms to support the equipment. Verizon will notify TNCI if a local office alarm detects an equipment affecting condition. Verizon will be responsible to pull the fiber into and through the cable entrance facility (i.e., vault) to the virtual collocation arrangement. All installations into the cable entrance facility are performed by Verizon personnel or its agents. No virtual collocation arrangement will be placed in service by Verizon until necessary training has been completed (refer to Section 1.11). Plug-ins and Spare Cards When a plug-in/card is determined by Verizon to be defective, Verizon will label the plug-in as defective and place it in TNCI-dedicated plug-in/card storage cabinet. TNCI will be notified as the plug-in/card is replaced. Verizon will not provide spare plug-ins/cards under any circumstances, nor is Verizon responsible for TNCl's failure to replace defective plug- ins/cards. Verizon shall not be held responsible if TNCI provides an inadequate supply of plug-ins/cards. Verizon will segregate and secure TNCI-provided maintenance spares in TNCI-provided spare plug-in/card cabinet. 152 TNCIID Comp v2.7h.doc TNCI shall provide the shop-wired piece of equipment fully pre- equipped with working plug-ins/cards. In addition, TNCI shall provide Verizon with maintenance spares for each plug-in/card type. The number of maintenance spares shall be the manufacturer recommended amount, unless otherwise mutually agreed by Verizon and TNCI, provided however, that in no event shall the number of spare plug-ins/cards be less than two of each type. These spares must be tested by TNCI prior to delivery to Verizon. In addition to maintenance spares, TNCI will also provide any unique tools or test equipment required to maintain, turn-up, or repair the equipment. Upon receiving notification from Verizon that a plug-in/card has been replaced, TNCI is then responsible to contact the Verizon operations manager to arrange exchange and replacement of the plug-in/card. Exchanged, pre-tested spares shall be provided within one week of replacement of a defective plug-in/card. Subject to premise space availability, TNCI shall have the option of providing a stand-alone spare plug-in/card cabinet(s) or a rack- mountable spare plug-in/card cabinet(s), to Verizon s specification , to house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and minimum number of maintenance spares must be provided before the virtual collocation arrangement is completed and service is established. The amount of spare plug-ins/cards required will be based on the manufacturer s recommended amount, unless otherwise mutually agreed by Verizon and TNCI. Safety and Technical Standards . Verizon reserves all rights to terminate , modify or reconfigure the provision of service to TNCI if, in the discretion of Verizon, provision of service to TNCI may in any way interfere with or adversely affect Verizon s network or its ability to service other CLECs. All TNCI equipment to be installed in Verizon premises must fully comply with the GR - 000063 - CORE, GR -1089 - CORE and Verizon s premises environmental and transmission standards in effect at the time of equipment installation. The equipment must also comply with the requirements in NIP 74165, as they relate to fire, safety, health, environmental, and network safeguards. It is TNCl's responsibility to demonstrate and provide to Verizon adequate documentation from an accredited source certifying compliance. TNCI equipment must conform to the same specific risk/safety/hazard standards which Verizon imposes on its own premises equipment as defined in RNSA NEB - 95 - 0003 , Revision 10 or higher. TNCI equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. TNCI may install equipment that has been deployed by Verizon for five years or more with a proven safety record. 153 TNCIID Comp v2.7h.doc All TNCl's entrance facilities and splices must comply with TR TSY - 00020, TR - NWT - 001058, BR - 160 - 200 - 030 and SR - TAP- 001421 as they relate to fire, safety, health, environmental safeguards and interference with Verizon s services and facilities. Such requirements include, but are not limited to the following: (1) The fibers must be single mode; (2) The fiber optic units must be of loose tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked according to the cable marking requirements in GR - 20 - CORE, Section 6.1 - 4; (4) The fiber must be identified according to the fiber and unit identification (color codes) in GR - 20 - CORE Section 6.5; (5) Unless otherwise mutually agreed, the outer cable jacket shall consist of a polyethylene resin, carbon black, and suitable antioxidant system; and (6) Silica fibers shall be fusible with a commercially available fusion splicer(s) that is commonly used for this operation. Control Over Premises-Based Equipment.Verizon exercises exclusive physical control over the premises-based transmission equipment that terminates TNCl's circuits and provides the installation maintenance , and repair services necessary to assure proper operation of the virtually collocated facilities and equipment. Such work will be performed by Verizon under the direction of TNCI. Removal of Equipment.Verizon reserves the right to remove facilities and equipment from its list of approved products if such products facilities and equipment are determined to be no longer compliant with NEBS standards or GR - 1089 - CORE. Installation and Trouble Resolution . Verizon will process and prioritize the trouble ticket in the same manner it does for its own equipment including the dispatch of a technician to the equipment. The technician will contact TNCI at the number provided and service the equipment as instructed and directed by TNCI. Placement. Removal and Monitorinq of Facilities and Equipment. From manhole zero toward TNCl's location the fiber optic cable remains TNCl's responsibility, with TNCI performing all servicing and maintaining full ownership. TNCI has the responsibility to remotely monitor and control their circuits terminating in Verizon s premises, however, TNCI will not enter Verizon s premises under virtual collocation arrangements. Performance and surveillance monitoring and trouble isolation shall be provided by TNCI. A clear distinction must be made by TNCI when submitting reports of troubles on Verizon services/elements connected to the virtually collocated equipment and reports of troubles with the collocated equipment. The former can be handled using Verizon technicians and standard processes. The latter will require specially trained technicians familiar with the collocated equipment (refer to Section 1.11). When TNCI isolates a trouble and determines that a Verizon technician should be dispatched to the equipment location for a servicing procedure, TNCI shall enter a trouble ticket with Verizon. TNCI shall provide standard trouble information , including the virtual 154 TNCIID Comp v2.7h.doc collocation arrangement's circuit identification , nature of the activity request, and the name and telephone number of TNCl's technician/contact. Responses to all equipment servicing needs will be at TNCI' direction. Maintenance will not be performed without TNCl's direct instruction and authorization. If TNCI is providing its own transport fiber for the virtual collocation arrangement, TNCI will arrange placement of the fiber into manhole zero with enough length (as designated by Verizon) to reach the virtual collocation arrangement. Maintenance activity (trouble in the equipment) is to be tested, isolated and evaluated by TNCI. Verizon technicians will perform the instructed activities on the equipment as specifically directed by TNCI. TNCI shall provide, own , and operate the terminal equipment at their site outside Verizon s premises. Use of Non-Standard Equipment.When TNCI requests a virtual collocation arrangement consisting of equipment which Verizon does not use in its network nor has deployed in that particular premise to provide service to itself or another CLEC , TNCI shall be responsible for training 50%, but no fewer than five, of Verizon technicians in the administrative work unit responsible for servicing the equipment. Any special tools or electronic test sets that Verizon does not have at the premises involved must be provided by TNCI with adequate manufacturer s training. TNCI is responsible to arrange and pay all costs (including but not limited to transportation and lodging for Verizon technicians) to have Verizon technicians professionally trained by appropriate trainers certified on the specific equipment to be used to provide the virtual collocation arrangement to TNCI. TNCI shall also pay for Verizon technicians' time subject to rates contained in Appendix A. When travel is required, travel expenses associated with training will be charged to TNCI based on ticket stubs and/or receipts. This includes paying for mileage according to the IRS rates for personal car mileage or airfare, as appropriate TNCI also has the option of arranging and paying for all travel expenses for Verizon technicians directly. In the event of an equipment upgrade, TNCI must provide secondary training subject to the provisions contained herein. Additions and Rearranqements Once TNCI has established a virtual collocation arrangement , changes to the existing configuration (including but not limited to , growing, upgrading, and/or reconfiguring the current equipment) are considered rearrangements to that virtual collocation arrangement. If TNCI decides to rearrange an existing virtual collocation arrangement, TNCI must submit a new application outlining the details of the rearrangement along with a virtual engineering/major augment fee. Application of Rates and Charges. 155 Billing. Verizon will apply charges (e., non-recurring and recurring rates for entry fiber, power, etc.) and commence billing for the virtual collocation arrangement upon completion of the installation, when it shall have finished all elements of the installation under its control. The readiness of TNCI to utilize the completed virtual collocation arrangement will not impair the right of Verizon to commence billing. Verizon shall charge TNCI for all costs incurred in providing the virtual collocation arrangement, including, but not limited to, Verizon planning, engineering and installation time and costs incurred by Verizon for inventory services. Any and all expenses associated with placing TNCl's fiber in manhole zero, including license fees, shall be the responsibility of TNCI. Virtual Enaineering Fee. Verizon will require a virtual engineering/major augment fee (NRC) per virtual collocation request per premise or other Verizon location where TNCI requests to establish virtual collocation. A virtual engineering/major augment fee is required to be submitted by TNCI with its application. This fee applies for all new virtual collocation arrangements as well as subsequent additions to an existing arrangement, and provides for application processing, and for Verizon s performance of an initial site visit and an engineering evaluation. If TNCI cancels or withdraws its request for a virtual collocation arrangement prior to turn-up, TNCI will be liable for all costs and liabilities incurred by Verizon in the developing, establishing, or otherwise furnishing the virtual collocation arrangement up to the point of cancellation or withdrawal. Other Virtual Collocation Rate Elements. The application, description and rates of collocation rate elements that are also applicable for virtual collocation are described in Appendix A. Conversions . Requests for converting virtual collocation arrangements to caged or cageless arrangements shall be submitted and designated as an Augment Application described in Section 1. Requests for converting a virtual arrangement to a cage less arrangement that requires no physical changes to the arrangement will be assessed a minor augment fee. All other conversion requests for virtual to caged or cageless will be assessed an engineering/major augment Fee and other applicable charges. Verizon will notify TNCI within ten (10) Business Days following receipt of the completed Augment Application if TNCI conversion request is accepted or denied. When converting a virtual arrangement to a caged or cage less arrangement , TNCI's equipment may need to be relocated. TNCI will be responsible for all costs associated with the relocation of its equipment as described in Section 1. Microwave Collocation. Microwave collocation is available on a first-come first-served basis where technically feasible. The microwave equipment may include microwave antenna(s), mounts, towers or other antenna support equipment on the exterior of the building, and radio transmitter/receiver equipment located either inside or on the exterior of the building. All microwave antennas must be physically TNCIID Comp v2.7h.doc 156 interconnected to Verizon facilities through the collocation arrangement. Unless otherwise specified in this Section 1., the provisions contained in other sections of the Collocation Attachment shall apply to microwave collocation. 10. 10. TNCI ID Comp v2.7h.doc Accommodations . Verizon will provide space within the cable riser cable rack support structures and between the transmitter/receiver space and the roof space needed to reach the physical or virtual collocation arrangement and to access Verizon s interconnection point. Waveguide may not be placed in Verizon cable risers or racks. Verizon reserves the right to prohibit the installation of waveguide, metallic conduit and coaxial cable through or near sensitive equipment areas. The route of the waveguide and/or coaxial cable as well as any protection required will be discussed during the pre-construction survey. Verizon will designate the space in, on or above the exterior walls and roof of the premises, which will constitute the roof space or transmitter/receiver space. Verizon may require TNCl's transmitter/receiver equipment to be installed in a locked cabinet which may be free standing, wall mounted or relay rack mounted. Verizon may enclose TNCl's multiplexing node or transmitter/receiver equipment in a cage or room. At the option of Verizon, the antenna support structure shall be built owned and maintained by either Verizon or by TNCI. Verizon reserves the right to use existing support structures for TNCl's antenna, subject to space and capacity limitations. Verizon also reserves the right to use any unused portion of a support structure owned by TNCI for any reason, subject to the provisions set forth below. It shall be the responsibility of the owner of the support structure to maintain a record of the net book value of the structure. When Verizon is the owner of the structure, it shall keep such records in accordance with the FCC' Part 32 uniform system of accounts. When TNCI is the owner of the structure, it shall keep such records in accordance with generally accepted accounting principles. The owner of the support structure shall use reasonable efforts to accommodate requests by other CLECs to use the support structure for microwave interconnection on a first-come first-served basis. For those interconnecting via microwave facilities, transmitter/receiver equipment may be located in TNCl's interior collocation space, or in a separate location inside or on the exterior of the building as determined by Verizon. Security. Verizon will permit TNCl's employees , agents and contractors approved by Verizon to have access to the areas where TNCI's microwave antenna and associated equipment (e., tower and support structure , transmitter/receiver equipment, and waveguide and/or coaxial cable) is located during normal business hours for installation and routine maintenance, provided that TNCI employees agents and contractors comply with the policies and practices of Verizon pertaining to fire, safety and security. Such approval will not be unreasonably withheld. During non-business hours, Verizon will provide access on a per event basis. 157 10. TNCIID Comp v2.7h.doc Verizon will also permit all approved employees, agents and contractors of TNCI to have access to TNCl's cable and associated equipment (e., repeaters). This will include access to riser cable cableways, and any room or area necessary for access. Safety and Technical Standards. Verizon reserves the right to remove facilities and equipment from its list of approved products if such products, facilities and equipment are determined to be no longer compliant with NEBS standards or electromagnetic compatibility and electrical safety generic criteria for network telecommunication equipment specified in GR - 1089 - CORE. Verizon will provide 90 days notice of the change unless it is due to an emergency which renders notice impossible. Verizon reserves the right to review wind or ice loadings, etc., for antennas over 18 inches in diameter or for any multiple antenna installations, and to require changes necessary to insure that such loadings meet generally accepted engineering criteria for radio tower structures. The minimum height of equipment placement, such as microwave antennas, must be eight feet from the roof. For masts , towers and/or antennas over 10 feet in height, TNCI or if applicable, Verizon, shall have the complete structure, including guys and supports , inspected every two years by an acceptable licensed professional engineer of its choice specializing in this type of inspection. For TNCI owned structures that are solely for the use of one CLEC's antenna(s), such inspection will be at TNCl's own cost and expense. For structures used by multiple CLECs, the costs associated with such inspection shall be apportioned based on relative capacity ratios. A copy of this report may be filed with Verizon within 10 days of the inspection. The owner shall be responsible to complete all maintenance and/or repairs as recommended by the engineer, within 90 days. TNCI shall provide written notice to Verizon of any complaint (and resolution of such complaint) by any governmental authority or others pertaining to the installation , maintenance or operation of TNCl's facilities or equipment located in roof space or transmitter/receiver space. TNCI also agrees to take all necessary corrective action. All TNCI microwave equipment to be installed in or on the exterior of Verizon premises must be on the Verizon s list of approved products or equipment that is demonstrated as complying with the technical specifications described herein. Where a difference may exist in the specifications , the more stringent shall apply. TNCI must comply with Verizon technical specifications for microwave collocation interconnection specified in NIP - 14111 and Verizon digital switch environmental requirements specified in NIP - 14165, as they relate to fire, safety, health, environmental , and network safeguards, and ensure that TNCI provided equipment and installation activities do not act as a hindrance to Verizon services or facilities. TNCl's equipment placed in or on roof space or transmitter/receiver space must also comply with all applicable rules and regulations of the FCC and the FAA. 158 10.4 TNCIID Comp v2.7h.doc TNCI facilities shall be placed, maintained , relocated or removed in accordance with the applicable requirements and specifications of the current edition of NIP - 14111 , national electric code, the national electrical safety code, rules and regulations of the OSHA, and any governing authority having jurisdiction. All TNCI microwave facilities must comply with Bellcore specifications regarding microwave and radio based transmission and equipment CEF, BR - 760 - 200 - 030 , and SR - TAP - 001421; and Verizon practices as they relate to fire, safety, health, environmental safeguards transmission and electrical grounding requirements, or interference with Verizon services or facilities. The equipment located in, on or above the exterior walls or roof of Verizon s building must either be on Verizon s list of approved products or fully comply with requirements specified in GR - 63 - CORE, GR -1089 - CORE and NIP 74111. This equipment must also comply with NIP - 14160, premise engineering environmental and transmission standards as they relate to fire , safety, health environmental safeguards, or interference with Verizon service or facilities. Each transmitter individually and all transmitters collectively at a given location shall comply with appropriate federal, state and/or local regulations governing the safe levels of radio frequency radiation. The minimum standard to be met by TNCI in all cases is specified in ANSI C95.1 - 1982. TNCI equipment must conform to the same specific risk, safety, hazard standards which Verizon imposes on its own premises equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. TNCI equipment is not required to meet the same performance and reliability standards as Verizon imposes on its own equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Placement and Removal of Facilities and Equipment.Prior to installation of TNCl's facilities or transmission equipment for microwave interconnection, TNCI must obtain at its sole cost and expense all necessary licenses, permits, approvals, and/or variances for the installation and operation of the equipment and particular microwave system, and when applicable for any towers or support structures, as may be required by authorities having jurisdiction. TNCI is not permitted to penetrate the building exterior wall or roof when installing or maintaining transmission equipment and support structures. All building penetration will be done by Verizon or a hired agent of Verizon. Any TNCl's equipment used to produce or extract moisture must be connected to existing or newly constructed building or roof top drainage systems, at the expense of TNCI. TNCI will be responsible for supplying, installing, maintaining, repairing and servicing the following microwave specific equipment: Waveguide, waveguide conduit, and/or coaxial cable, the microwave 159 10. 10. TNCIID Comp v2.7h.doc antenna and associated tower and support structure and any associated equipment; and the transmitter/receiver equipment and any ~equired grounding. TNCI may install equipment that has been deployed by the Verizon for five years or more with a proven safety record. Moves. Replacements or Other Modifications Where TNCI intends to modify, move replace or add to equipment or facilities within or about the roof space or transmitter/receiver space(s) and requires special consideration (e., use of freight elevators, loading dock, staging area, etc.), TNCI must request and receive written consent from Verizon. Such consent will not be unreasonably withheld. TNCI shall not make any changes from initial installation in terms of the number of transmitter/receivers, type of radio equipment, power output of transmitters or any other technical parameters without the prior written approval of Verizon. Space and Facilities. Monthly rates are applicable to TNCI for the space (generally on the premises roof) associated with Verizon or other CLEC owned antenna support structures. The rate is calculated using the rate per square foot, multiplied by the square footage of the footprint, which resultant is multiplied by TNCl's relative capacity ratio (RCR), (i., the sum of the RCRs of each of the TNCl's antennas). Square footage for the footprint will be based on the length times width of the entire footprint formed on the horizontal plane (generally the roof top) by the antenna(s), tower(s), mount(s), guy wires and/or support structures used by TNCI. For a non-rectangular footprint, the length will be measured at the longest part of the footprint and the width will be the widest part of the footprint. The owner of the support structure may charge TNCI proposing to use the structure, on a one-time basis, for the following costs and/or values. Any incremental costs associated with installing the TNCl's antenna, including but not limited to, the costs of engineering studies roof penetrations, structural attachments, support structure modification or reinforcement, zoning and building permits. A portion of the net book value of the support structure is based on the RCR of TNCl's proposed antenna(s) to be mounted on the structure. TNCl's RCR represents the percent of the total capacity of the support structure used by TNCl's antenna(s) on the structure. Spare capacity shall be deemed to be that of the owner of the structure. RCRs shall be expressed as a two place decimal number, rounded to the nearest whole percent. The sum of all users' RCRs and the owner s RCR shall at all times equal 1.00. It shall be the responsibility of the owner of the structure to provide TNCI the net book value of the structure at the time of the proposed use. Upon request, the owner shall also provide the proposed user accounting records or other documentation supporting the net book value. The owner of the structure may not assess TNCI any charges in addition to the one-time charge described above, except that the owner of the structure may assess TNCI a proportionate share of inspection costs and Verizon may assess TNCI monthly recurring charges for use of its roof space. At the time TNCI proposes to attach 160 10. 10. TNCI ID Comp v2.7h.doc additional antennas to an existing support structure, it shall be the responsibility of TNCI to obtain, at its cost and expense, an engineering analysis by a registered structural engineer to determine the relative capacity ratio of all antennas on the structure, including the proposed antennas. When a TNCI is the owner of the structure, the proposed user shall pay TNCI directly the one-time charge as set forth above. When Verizon is the owner of the support structure, it shall determine the charge on an individual case basis. In the event that TNCI as owner of the support structure fails to comply with these provisions, at Verizon option, ownership of the support structure shall transfer to Verizon. Costs incurred by Verizon to conduct a review for wind or ice loadings (etc.) for antennas over 18 inches in diameter, or for any multiple antenna installation, and any changes which may be required thereto in order to insure that such loadings meet generally accepted engineering criteria for radio tower structures, will be billed to TNCI. Emerqencv Power and/or Environmental Support . In the event special work must be done by Verizon to provide emergency power or environme ntal support to the transmitter/receiver equipment or antenna, TNCI will be billed on a time and materials basis for the costs incurred. Escorting . When TNCI personnel are escorted by a qualified Verizon employee for access to the roof space, transmitter/receiver space, or cable risers and racking for maintenance, the miscellaneous labor charges as set forth in Appendix A will apply. 161 911 ATTACHMENT 911/&911 Arrangements TNCI may, at its option, interconnect to the Verizon 911/E-911 Selective Router or 911 Tandem Offices , as appropriate, that serve the areas in which TNCI provides Telephone Exchange Services , for the provision of 911/E-911 services and for access to all subtending Public Safety Answering Points (PSAP). In such situations, Verizon will provide TNCI with the appropriate CLLI codes and specifications of the Tandem Office serving area. In areas where E-911 is not available, TNCI and Verizon will negotiate arrangements to connect TNCI to the 911 service in accordance with applicable state law. Path and route diverse Interconnections for 911/E-911 shall be made at the technically feasible Point of Interconnection on Verizon s network at which the Parties interconnect, or other points as necessary and mutually agreed, and as required by law or regulation. Within thirty (30) days of its receipt of a complete and accurate request from TNCI, to include all required information and applicable forms, and to the extent authorized by the relevant federal , state , and local authorities, Verizon will provide TNCI, where Verizon offers 911 service, with the following at a reasonable fee, if applicable: 3.4 Electronic Interface a file via electronic medium containing the Master Street Address Guide (IIMSAG") for each county within the LATA(s) where TNCI is providing, or represents to Verizon that it intends to provide within sixty (60) days of TNCl's request, local exchange service , which MSAG shall be updated as the need arises and a complete copy of which shall be made available on an annual basis; a list of the address and CLLI code of each 911/E-911 selective router or 911 Tandem office(s) in the area in which TNCI plans to offer Telephone Exchange Service; a list of geographical areas, e., LATAs , counties or municipalities with the associated 911 tandems, as applicable. a list of Verizon personnel who currently have responsibility for 911/E- 911 requirements, including a list of escalation contacts should the primary contacts be unavailable. any special 911 trunking requirements for each 911/E-911 selective router or 911 Tandem Office, where available, and; prompt return of any TNCI 911/E-911 data entry files containing errors so that TNCI may ensure the accuracy of the Customer records. TNCI shall use , where available, the appropriate Verizon electronic interface , through which TNCI shall input and provide a daily update of 911 /E-911 database information related to appropriate TNCI Customers. In those areas where an electronic interface is not available, TNCI shall provide Verizon with all appropriate 911/E-911 information such as name, address, and telephone number via facsimile for Verizon s entry into the 911 /E- 911 database system. Any 911/E-911-related data exchanged between the Parties prior TNCIID Comp v2.7h.doc 162 to the availability of an electronic interface shall conform to Verizon standards, whereas 911/E-911-related data exchanged electronically shall conform to the National Emergency Number Association standards (NENA). TNCI may also use the electronic interface, where available, to query the 911/E-911 database to verify the accuracy of TNCI Customer information. 911 Interconnection Verizon and TNCI will use commercially reasonable efforts to facilitate the prompt robust, reliable and efficient interconnection of TNCI systems to the 911/E-911 platforms and/or systems. 911 Facilities TNCI shall be responsible for providing facilities from the TNCI End Office to the 911 Tandem or selective router. TNCI shall deploy diverse routing of 911 trunk pairs to the 911 tandem or selective router. Local Number Portability for use with 911 The Parties acknowledge that until Local Number Portability (LNP) with full 911/E-911 compatibility is utilized for all ported telephone numbers, the use of Interim Number Portability ("INP") creates a special need to have the Automatic Location Identification (All) screen reflect two numbers: the "old" number and the "new" number assigned by TNCI. Therefore , for those ported telephone numbers using INP, TNCI will provide the 911/E-911 database with both the forwarded number and the directory number, as well as all other required information including the appropriate address information for the Customer for entry into the 911/E-911 database system. Further, TNCI will outpulse the telephone number to which the call has been forwarded (that is, the Customer s ANI) to the 911 Tandem office or selective router. TNCI will include their NENA five character Company Identification ("COlD") for inclusion in the All display. TNCI is required to enter data into the 911/E-911 database under the NENA Standards for LNP. This includes, but is not limited to, using TNCl's NENA COlD to lock and unlock records and the posting of TNCl's NENA COlD to the All record where such locking and migrating feature for 911/E-911 records are available or as defined by local standards. PSAP Coordination Verizon and TNCI will work cooperatively to arrange meetings with PSAPs to answer any technical questions the PSAPs, or county or municipal coordinators may have regarding the 911/E-911 arrangements. 911 Compensation TNCI will compensate Verizon for connections to its 911/E-911 platform and/or system pursuant to the rate schedule included in the Pricing Attachment. 911 Rules and Regulations TNCI and Verizon will comply with all applicable rules and regulations (including 911 taxes and surcharges as defined by local requirements) pertaining to the provision of 911/E-911 services in the State of Idaho. Good Faith Performance TNCIID Comp v2.7h.doc 163 If and, to the extent that, Verizon , prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with TNCI reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such Service; and , if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. TNCIID Comp v2.7h.doc 164 General PRICING ATTACHMENT As used in this Attachment, the term "Charges" means the rates, fees, charges and prices for a Service. Except as stated in Section 2 or Section 3 of this Attachment, Charges for Services shall be as stated in this Section 1.4 The Charges for a Service shall be the Charges for the Service stated in the Providing Party s applicable Tariff. In the absence of Charges for a Service established pursuant to Section 1.3 of this Attachment, the Charges shall be as stated in Appendix A of this Pricing Attachment. For rate elements provided in Appendix A of this Pricing Attachment that do not include a Charge, either marked as "TBD" or otherwise, Verizon is developing such Charges and has not finished developing such Charges as of the Effective Date of this Agreement ("Effective Date ). When Verizon finishes developing such a Charge, Verizon shall notify TNCI in writing of such Charge in accordance with, and subject to, the notices provisions of this Agreement and thereafter shall bill TNCI, and TNCI shall pay to Verizon , for Services provided under this Agreement on the Effective Date and thereafter in accordance with such Charge. Any notice provided by Verizon to TNCI pursuant to this Section 1.4 shall be deemed to be a part of Appendix A of this Pricing Attachment immediately after Verizon sends such notice to TNCI and thereafter. The Charges stated in Appendix A of this Pricing Attachment shall be automatically superseded by any applicable Tariff Charges. The Charges stated in Appendix A of this Pricing Attachment also shall be automatically superseded by any new Charge(s) when such new Charge(s) are required by any order of the Commission or the FCC, approved by the Commission or the FCC , or otherwise allowed to go into effect by the Commission or the FCC (including, but not limited , in a Tariff that has been filed with the Commission or the FCC), provided such new Charge(s) are not subject to a stay issued by any court of competent jurisdiction. In the absence of Charges for a Service established pursuant to Sections 1. through 1.5 of this Attachment, if Charges for a Service are otherwise expressly provided for in this Agreement, such Charges shall apply. In the absence of Charges for a Service established pursuant to Sections 1. through 1.6 of this Attachment, the Charges for the Service shall be the Providing Party s FCC or Commission approved Charges. In the absence of Charges for a Service established pursuant to Sections 1. through 1.7 of this Attachment, the Charges for the Service shall be mutually agreed to by the Parties in writing. Verizon Telecommunications Services Provided to TNCI for Resale Pursuant to the Resale Attachment Verizon Telecommunications Services for which Verizon is Required to Provide a Wholesale Discount Pursuant to Section 251 (c)( 4) of the Act. TNCIID Comp v2.7h.doc 165 1.4 TNCIID Comp v2.7h.doc The Charges for a Verizon Telecommunications Service purchased by TNCI for resale for which Verizon is required to provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be the Retail Price for such Service set forth in Verizon s applicable Tariffs (or, if there is no Tariff Retail Price for such Service , Verizon s Retail Price for the Service that is generally offered to Verizon s Customers), less to the extent required by Applicable Law: (a) the applicable wholesale discount stated in Verizon s Tariffs for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)( 4) of the Act; or (b) in the absence of an applicable Verizon Tariff wholesale discount for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)(4) of the Act, the applicable wholesale discount stated in Appendix A for Verizon Telecommunications Services purchased for resale pursuant to Section 251(c)(4) of the Act. The Charges for a Verizon Telecommunications Service Customer Specific Arrangement ("CSA") purchased by TNCI for resale pursuant to Section 3.3 of the Resale Attachment for which Verizon is required to provide a wholesale discount pursuant to Section 251(c)(4) of the Act shall be the Retail Price for the CSA, less, to the extent required by Applicable Law: (a) the applicable wholesale discount stated in Verizon s Tariffs for Verizon Telecommunications Services purchased for resale pursuant to Section 251(c)(4) of the Act; or (b) in the absence of an applicable Verizon Tariff wholesale discount for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)(4) of the Act, the applicable discount stated in Appendix A for Verizon Telecommunications Services purchased for resale pursuant to Section 251 (c)( 4) of the Act. Notwithstanding the foregoing, in accordance with, and to the extent permitted by Applicable Law, Verizon may establish a wholesale discount for a CSA that differs from the wholesale discount that is generally applicable to Telecommunications Services provided to TNCI for resale pursuant to Section 251(c)(4) of the Act. Notwithstanding Sections 2.1 and 2.2 of this Attachment, in accordance with, and to the extent permitted by Applicable Law Verizon may at any time establish a wholesale discount for a Telecommunications Service (including, but not limited to, a CSA) that differs from the wholesale discount that is generally applicable to Telecommunications Services provided to TNCI for resale pursuant to Section 251(c)(4) of the Act. The wholesale discount stated in Appendix A shall be automatically superseded by any new wholesale discount when such new wholesale discount is required by any order of the Commission or the FCC approved by the Commission or the FCC, or otherwise allowed to go into effect by the Commission or the FCC, provided such new wholesale discount is not subject to a stay issued by any court of competent jurisdiction. The wholesale discount provided for in Sections 2.1 through 2.3 of this Attachment shall not be applied to: Short term promotions as defined in 41 CFR 9 51.613; 166 1.5.Except as otherwise provided by Applicable Law, Exchange Access services; Subscriber Line Charges, Federal Line Cost Charges, end user common line Charges, taxes, and government Charges and assessment (including, but not limited to, 9-1- 1 Charges and Dual Party Relay Service Charges). 5.4 Any other service or Charge that the Commission, the FCC or other governmental entity of appropriate jurisdiction determines is not subject to a wholesale discount under Section 251(c)(4) of the Act. Verizon Telecommunications Services for which Verizon is Not Required to Provide a Wholesale Discount Pursuant to Section 251 (c)( 4) of the Act. The Charges for a Verizon Telecommunications Service for which Verizon is not required to provide a wholesale discount pursuant to Section 251 (c)(4) of the Act shall be the Charges stated in Verizon Tariffs for such Verizon Telecommunications Service (or, if there are no Verizon Tariff Charges for such Service, Verizon s Charges for the Service that are generally offered by Verizon). The Charges for a Verizon Telecommunications Service customer specific contract service arrangement ("CSA") purchased by TNCI pursuant to Section 3.3 of the Resale Attachment for which Verizon is not required to provide a wholesale discount pursuant to Section 251 (c)(4) of the Act shall be the Charges provided for in the CSA and any other Charges that Verizon could bill the person to whom the CSA was originally provided (including, but not limited to, applicable Verizon Tariff Charges). Other Charges. TNCI Prices TNCI shall pay, or collect and remit to Verizon, without discount, all Subscriber Line Charges, Federal Line Cost Charges, and end user common line Charges, associated with Verizon Telecommunications Services provided by Verizon to TN CI. Notwithstanding any other provision of this Agreement, the Charges that TNCI bills Verizon for TNCl's Services shall not exceed the Charges for Verizon s comparable Services, except to the extent that TNCl's cost to provide such TNCl's Ser\tices to Verizon exceeds the Charges for Verizon s comparable Services and TNCI has demonstrated such cost to Verizon , or, at Verizon s request, to the Commission or the FCC. Section 271 If Verizon is a Bell Operating Company (as defined in the Act) and in order to comply with Section 271 (c)(2)(B) of the Act provides a Service under this Agreement that Verizon is not required to provide by Section 251 of the Act, Verizon shall have the right to establish Charges for such Service in a manner that differs from the manner in which under Applicable Law (including, but not limited to, Section 252(d) of the Act) Charges must be set for Services provided under Section 251. TNCIID Comp v2.7h.doc 167 Regulatory Review of Prices Notwithstanding any other provision of this Agreement, each Party reserves its respective rights to institute an appropriate proceeding with the FCC , the Commission or other governmental body of appropriate jurisdiction: (a) with regard to the Charges for its Services (including, but not limited to , a proceeding to change the Charges for its services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b) with regard to the Charges of the other Party (including, but not limited to , a proceeding to obtain a reduction in such Charges and a refund of any amounts paid in excess of any Charges that are reduced). TNCIID Comp v2.7h.doc 168 APPENDIX A TO THE PRICING ATTACHMENT V1. Rates and Charges for Transport and Termination of Traffic Reciprocal Compensation Traffic Termination Reciprocal Compensation Traffic End Office Rate: $0.0050687 per minute of use. Reciprocal Compensation Traffic Tandem Rate: $0.0070138 per minute of use. The Tandem Transit Service Charge is $0.0018345 per minute of use. Transit Service Billing Fee - Five percent (5%) of the Tandem Transit Traffic Service Charges assessed during the billing period for Tandem Transit Traffic exchanged with the relevant third party carriers. Transit Service Trunkin~ Charge (for each relevant third party carrier) - For each DS1 equivalent volume (or portion thereof) of Tandem Transit Traffic exchanged with the relevant third party carrier during a monthly billing period: an amount equal to the total monthly rate for 24 channels (DS1 equivalent) for Switched Access, Access Tandem Dedicated Trunk Port DS1 , as set forth in Verizon Tariff FCC No. 14, as amended from time to time. Entrance Facility and Transport for Interconnection Charges: See Intrastate Special Access Tariff This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like that Verizon does not have an obligation to provide under the Agreement (e., services, facilities, arrangements and the like for which an unbundling requirement does not exist under 47 U.C. Section 251 (c)(3)). Notwithstanding any such rates (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to require Verizon to provide a service, facility, arrangement or the like that the Agreement does not require Verizon to provide, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement. All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates and/or charges as the Commission or the FCC may approve or allow to go into effect from time to time, subject however to any stay or other order issued by any court of competent jurisdiction. In addition to any rates and charges set forth herein, Verizon, effective as of March 11 2005, may, but shall not be required to, charge (and TNCI shall pay) any rates and charges that apply to a CLEC's embedded base of certain UNEs pursuant to the FCC's Order on Remand, Unbundled Access to Network Elements; Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers WC Docket No. 04-313, CC Docket No. 01-338 (FCC reI. Feb. 4 2005), the foregoing being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwise. All rates and charges specified herein are pertaining to the Interconnection Attachment. A CCS busy hour equivalent of 200 000 combined minutes of use. TNCIID Comp v2.7h.doc 169 II.Services Available for Resale The avoided cost discount for all Resale services is 13.50%. Non-Recurring Charges (NRCs) for Resale Services Pre-ordering CLEC Account Establishment Per CLEC Customer Record Search Per Account Ordering and Provisioning Engineered Initial Service Order (ISO) - New Service Engineered Initial Service Order - As Specified Engineered Subsequent Service Order Non-Engineered Initial Service Order - New Service Non-Engineered Initial Service Order - Changeover Non-Engineered Initial Service Order - As Specified Non-Engineered Subsequent Service Order Central Office Connect Outside Facility Connect Manual Ordering Charge Product Specific $273. $ 11. $311. $123. $ 59. $ 42. $ 21. $ 82. $ 19. $ 12. $ 68. $ 12. NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No discount applies to such NRCs. Custom Handling Service Order Expedite: Engineered Non-Engineered Coordinated Conversions: ISO Central Office Connection Outside Facility Connection Hot Coordinated Conversion First Hour: ISO Central Office Connection Outside Facility Connection Hot Coordinated Conversion per Additional Quarter Hour: ISO Central Office Connection Outside Facility Connection TNCI ID Comp v2.7h.doc 170 $ 35.48 $ 12. $ 17. $ 10.$ 9. $ 30. $ 42. $ 38. 6.40 $ 10.$ 9. Application of NRCs Pre-ordering: CLEC Account Establishment is a one-time charge applied the first time that TNCI orders any service from this Agreement. Customer Record Search applies when TNCI requests a summary of the services currently subscribed to by the encf-user. Ordering and Provisioning: Engineered Initial Service Order - New Service applies per Local Service Request (LSR) when engineering work activity is required to complete the order g. digital loops. Non-Engineered Initial Service Order - New Service applies per LSR when no engineering work activity is required to complete the order, e.g. analog loops. Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to Complex Services for services migrating from Verizon to TNCI. Complex Services are services that require a data gathering form or has special instructions. Non-Engineered Initial Service Order - Changeover applies only to Basic Services for services migrating from Verizon to TNCI. End-user service may remain the same or change. Central Office Connect applies in addition to the ISO when physical installation is required at the central office. Outside Facility Connect applies in addition to the ISO when incremental fieldwork is required. Manual Ordering Charge applies to orders that require Verizon to manually enter TNCI's order into Verizon s Secure Integrated Gateway System (SIGS), e. faxed orders and orders sent via physical or electronic mail. Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite (Engineered or Non-Engineered) applies if TNCI requests service prior to the standard due date intervals. Coordinated Conversion applies if TNCI requests notification and coordination of service cut over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if TNCI 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. TNCIID Comp v2.7h.doc 171 III.Prices for Unbundled Network Elements Monthly Recurring Charges Local Loop 2 Wire Analog Loop (inclusive of NID) 4 Wire Analog Loop (inclusive of NID) 2 Wire Digital Loop (inclusive of NID) 4 Wire Digital Loop (inclusive of NID) DS-1 Loop DS-3 Loop Supplemental Features: ISDN-BRI Line Loop Extender DS1 Clear Channel Capability Sub-Loop Wire Feeder Wire Distribution Wire Feeder Wire Distribution Wire Drop Wire Drop Inside Wire Network Interface Device (leased separately) Basic NID: Complex (12 x) NID Switching Port Basic Analog Line Side Port Coin Line Side Port ISDN BRI Digital Line Side Port DS-1 Digital Trunk Side Port ISDN PRI Digital Trunk Side Port Usage Charges (must purchase Port) Local Central Office Switching (Overall Average MOU) Common Shared Transport Transport Facility (Average MOU/ALM) Transport Termination (Average MOU/Term) Tandem Switching (Average MOU) Terminating to Originating Ratio 45. 61. 45. 67. 160. 320. 26. 16. 26. 31. 45. BFR 19. 10. 221. 0050687 0000021 0001106 0017134 4 In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC Docket No. 98-1840), Verizon will offer limited duration promotional discounts on resold residential exchange access lines. The terms and conditions on which these promotional discounts are being made available can be found on Verizon s web site, athttp;//www.Qte.com/wisefor former GTE service areas and http://www.bell-atLcom/wholesale/htmllresources.htm for former Bell Atlantic service areas. TNCIID Comp v2.7h.doc 172 Dedicated Transport Facilities CLEC Dedicated Transport CDT 2 Wire CDT 4 Wire CDT DS CDT DS3 Optical Interface CDT DS3 Electrical Interface Interoffice Dedicated Transport IDT DSO Transport Facility per ALM IDT DSO Transport Termination IDT DS1 Transport Facility per ALM IDT DS1 Transport Termination IDT DS3 Transport Facility per ALM IDT DS3 Transport Termination 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 IDT -Facility Dark Fiber IDT -Termination Intermediate Office Cross Connect TNCIID Comp v2.7h.doc 173 $ 33. $ 53. $ 300. $ 1 312. $ 1 150. 12. 45. 25. 234. 194. 550. 26. 61. 53. 13. 24. TBD UNE-P Pricing MRCs. The MRC for a UNE-P will generally be equal to the sum of the MRCs for the combined UNEs (e.g. the total of the UNE loop charge plus the UNE port charges in the Agreement (see Note A) plus: UNE local switching (per minute originating usage plus T/O factor to determine terminating minutes) based on UNE local switching rates in the Agreement plus UNE shared transport and tandem switching (based on factors for percent interoffice and tandem switch usage, plus assumed transport mileage of 10 miles and 2 terms) based on UNE shared transport rates in the Agreement plus UNE Vertical Services charges (optional per line charges, if allowed by the Agreement). (Note A): UNE platforms are available in four loop/port configurations as shown below. If the price for any component of these platforms is not set forth herein, Verizon will use the ICB process to determine the appropriate price and TBD pricing shall apply. UNE Basic Analog Voice Grade Platform consists of the following components: UNE 2-wire Analog loop; and UNE Basic Analog Line Side port UNE ISDN BRI Platform consists of the following components: UNE 2-wire Digital loop; and UNE ISDN BRI Digital Line Side port UNE ISDN PRI Platform consists of the following components: UNE DS1 loop; arid UNE ISDN PRI Digital Trunk Side port UNE DS1 Platform consists of the following components: UNE DS1 loop; and UNE DS1 Digital Trunk Side port NRCs. Optional NRCs will apply as ordered by the CLEC including such charges as Expedites, Coordinated Conversions, loop Conditioning, etc. EEL Pricing MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, IDT, CDT Multiplexing, & Clear Channel Capability). TNCIID Comp v2.7h.doc 174 Line Splitting Except as noted in the following paragraph, the provider of voice services in a Line Splitting arrangement ("VLEC") will be billed for all charges associated with the Network Elements and other Verizon services, facilities and arrangements, used in conjunction with the Line Splitting arrangement ("Line Splitting Arrangement"), regardless of which CLEC in the Line Splitting Arrangement orders the Network Elements or other Verizon services, facilities or arrangements. These charges include, but are not limited to, all applicable non-recurring charges and monthly recurring charges related to such Line Splitting Arrangement, including but not limited to UNE-P (2-wire digital UNE loop or 2- wire ADSL capable UNE loop, UNE switch port, UNE local switching usage, UNE local transport and usage rates), testing, pre-qualification , OSS, line conditioning, CLEC account establishment and misdirected trouble charges. The CLEC with the applicable collocation arrangement will be billed for splitter establishment and collocation related charges. 5 Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements and Collocation. TNCIID Comp v2.7h.doc 175 NON-RECURRING CHARGES - LOOP , PORT AND NID Pre-ordering CLEC Account Establishment Per CLEC Customer Record Search $166. 4.21 Ordering and Provisioning Loop: Engineered Initial Service Order (ISO) Non-Engineered ISO Central Office Connection Outside Facility Connection (See Note 1) $294. $ 49. $ 12. $ 68. NID: ISO Outside Facility Connection $ 33. $ 42. Port: ISO Subsequent Service Order Central Office Connection $ 50.46 $ 25. $ 12. Custom Handling Manual Ordering Charge Service Order Expedite: Engineered Loop LSRs All Other LSRs $ 12. $ 25. $ 3. Coordinated Conversions: ISO Central Office Connection Outside Facility Connection $ 11. $ 10. $ 9. Hot Coordin ated Conversion First Hour: ISO Central Office Connection Outside Facility Connection $ 30. $ 42. $ 38. Hot Coordinated Conversion per Additional Quarter Hour: ISO Central Office Connection Outside Facility Connection 6.40 $ 10.$ 9. Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment of a new unbundled loop service. TNCIID Comp v2.7h.doc 176 NON-RECURRING CHARGES - OTHER UNEs . . ~E)E~DSl.Ja.i.l..OoP 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. $ 46.20 $ 16. $ 61. $ 16. $ 28. 13.23 $ 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 ~EIJ)E,)(*ENI:)EE)L2IN . ~IIJ)\(~QfJ~l.?~qfj~~9 .. $405. $ 64. $ 64. $ 64. $ 64. N/A $261. $261. $261. $264. N/A $224. $220.43 $220.43 $216. Advanced - Basic (2-wire and 4-wire) - Initial Advanced - Basic (2-wire and 4-wire) - Subsequent DS1/DS3 - Initial DS1/DS3 - Subsequent DS3 to DS 1 Multiplexer DS 1 to DSO Multiplexer $ 88.$ 56.$12.N/A $ 38.$ 21.$ 12.N/A $ 97.$ 65.$12.N/A $ 38.$ 21.$ 12.N/A N/A N/A $450.N/A N/A N/A $800.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 (DS 1 and above) Changeove r (As Is)$179.$111.21 $41 .N/A Advanced - Complex (DS1 and above) Changeover (As Is)-$7.$4.$41.N/A Additional MOG (Mass Order Generator) Only TNCIID Comp v2.7h.doc 177 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.$ 11. Exchange - Complex Digital - Changeover (As Specified)$ 30.$ 21.$ 80. Advanced - Complex - Initial $ 48.$ 34.$681 .$303. Advanced - Complex - Subsequent $ 20.$ 13.$ 65.$ 48. Advanced - Complex - Changeover (As Is)$ 24.$ 19.$ 51.$ 34. Advanced - Complex - Changeover (As Specified)$ 31.$ 28.$ 82.$ 64. Advanced - Basic(2-wire and 4-wire) - Initial Advanced - Basic (2-wire and 4-wire)- Subsequent Advanced - Complex (DS 1 and above) - Initial Advanced - Complex(DS 1 and above) - Subsequent $ 95. $ 45. $105. $ 45. $ 63. $ 28. $ 12. $ 28. $428. $ 58. $584.49 $ 86. N/A N/A N/A N/A Entrance Facility/Dedicated Transport DSO - Initial Entrance Facility/Dedicated Transport DSO - Subsequent Entrance Facility/Dedicated Transport DS1/DS3 - Initial Entrance Facility/Dedicated Transport DS1/DS3 - Subsequent Clear Channel Capability $ 95.49 $ 45. $105. $ 45. N/A $ 63. $ 28. $ 72. $ 28. N/A 6 These charges are interim and subject to retroactive true back to the Effective Date of this Agreement. TNCIID Comp v2.7h.doc 178 $390. $ 58.20 $515. $ 86. $90. N/A N/A N/A N/A N/A ~I~~'f!.Ji.!'fI~~~,~mIMI( Facilities and Trunks - Initial Facilities and Trunks - Subsequent (with Engineering Review) Facilities and Trunks - Subsequent (w/o Engineering Review) Trunks Only - Initial Trunks Only - Subsequent (with Engineering Review) Trunks Only - Subsequent (w/o Engineering Review) STP Ports (SS7 Links) It.I$i)J0r0fz:ea $237. $ 11. $ 11. $126. $ 49.46 $ 49.46 $231. $205. $ 55. $ 55. $ 93. $ 33. $ 33. $205. $568. $213. $ 67. $505.41 $202. $ 67.28 $438. N/A N/A N/A N/A N/A N/A N/A E~~E~'II1E$. Exchange Products Advanced Products $ 3. $ 25. $ 3. $ 25. N/A N/A N/A N/A Customer Record Search (per account) CLEC Account Establishment (per CLEC) Design Change Charge - EELs and Transport $ 4. $166. $40. $166. $40. N/A N/A N/A N/A N/A N/A CLEC Splitter Connection - Initial CLEC Splitter Connection - Subsequent $ 32. $ 13. TNCIID Comp v2.7h.doc 179 $ 22.$ 9.$ 53. 14.49 $ 47. $ 13. Application of NRCs Preordering: CLEC Account Establishment is a one-time charge applied the first time that TNCI orders any service from this Agreement. Customer Record Search applies when TNCI 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 usin g 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: DS 1 Loop, DS3 Loop, Dark Fiber, EELs , and ISDN PRI 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. TNCI ID Comp v2.7h.doc 180 DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation and grooming of DS1 Clear Channel Capability requests. Changeover Charge applies to UNE-P and EEL orders when an existing retail resale, or special access service is already in place. Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to determine the availability of dark fiber on a specific route. EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering & provisioning charges for EEL Loops, IDT, CDT, Multiplexing and Clear Channel Capability Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning NRCs): Service Order Expedite applies if TNCI requests service prior to the standard due date intervals and the expedite request can be met by Verizon. Coordinated Conversion applies if TNCI requests notification and coordination of service cut-over prior to the service becoming effective. Hot Coordinated Conversion First Hour applies if TNCI 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. TNCIID Comp v2.7h.doc 181 IV.Rates and Charges for 911 See State Tariff. TNCIID Comp v2.7h.doc 182 Collocation Rates ~~~6~~c;112I.2c;1~~'.c)N. Elements Increment Non-Recurring Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) Cage Grounding Bar DC Power per occurrence per occurrence per card per bar NRC NRC NRC NRC 129. 200. 22. 1,431. Engineering per project NRC 15.43 Cable Pull/Termination per cable NRC 1341. Ground Wire per wire NRC 18. Overhead Superstructure per project NRC 440. Facility Cable or Fiber Optic Patch cord Pull/Termination Engineering per project NRC 16. Facility Cable Pull per cable run NRC 211. Fiber Optic Patchcord Pull per cable run NRC 201. DSO Cable Termination per 100 pair NRC DS 1 Cable Termination per 28 pair NRC DS3 Coaxial Cable Termination (Preconnectorized)per termination NRC DS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11. Fiber Optic Patchcord Termination per termination NRC Fiber Cable Pull Engineering per project NRC 607. Place Innerduct per lin ft NRC Pull Cable per tin ft NRC Cable Fire Retardant per occurrence NRC 42. Fiber Cable Splice Engineering per project NRC 31. Splice Cable per fiber NRC 70. BITS Timing per project NRC 301. Monthl Recurrin Prices Caged Floor Space including Shared Access Area per sq ft MRC DC Power per load amp MRC 14. Building Modification per request MRC 201. Environmental Conditioning per load amp MRC Facility Termination DSO per 100 pr MRC DS1 per 28 pr MRC 16. DS3 per DS3 MRC 11. Fiber Optic Patchcord per connector MRC Cable Rack Space - Metallic per cable run MRC Cable Rack Space - Fiber per innerduct ft MRC Fiber Optic Patchcord Duct Space per cable run MRC TNCIID Comp v2.7h.doc 183 Manhole Space - Fiber per project MRC Subduct Space - Fiber per lin ft MRC Cable Vault Splice Fiber Cable - 48 Fiber Material per splice MRC 10. Fiber Cable - 96 Fiber Material per splice MRC 21. BITS Timing per occurrence MRC 11. TNCIID Comp v2.7h.doc 184 (;~GE!E Elements Increment Non-Recurring Prices Engineering Costs Engineering/Major Augment Fee Minor Augment Fee Access Card Administration (New/Replacement) DC Power Engineering Cable Pull/Termination Ground Wire Overhead Superstructure Facility Cable or Fiber Optic Patch cord Pull/Termination Engineering Facility Pull Fiber Optic Patchcord Pull DSO Cable Termination DS1 Cable Termination DS3 Coaxial Cable Termination (Preconnectorized) DS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing Monthly Recurring Prices Relay Rack Floor Space DC Power Building Modification Environmental Conditioning Facility Termination DSO DS1 DS3 Fiber Optic Patchcord Cable Rack Space - Metallic Cable Rack Space - Fiber Fiber Optic Patch cord Duct Space Manhole Space - Fiber TNCIID Comp v2.7h.doc 185 per occurrence per occurrence per card NRC NRC NRC 129. 200. 22. per project NRC 75.43 per cable NRC 1341. per wire NRC 18. per project NRC 2,440. per project NRC 76. per cable run NRC 211. per cable run NRC 201. per 100 pair NRC per 28 pair NRC per termination NRC per termination NRC 11. per termination NRC per project NRC 601. per lin ft NRC per lin ft NRC per occurrence NRC 42. per project NRC 31. per fiber NRC 10. per project NRC 307. per lin ft MRC 20. per load amp MRC 14. per request MRC 201. per load amp MRC per 100 pr per 28 pr per DS3 per connector per cable run per innerduct ft per cable run per project MRC MRC MRC MRC MRC MRC MRC MRC 16. 11. e~ ...es~CG1J4ij:~l~mJ~Nri~IS Elements Subduct Space - Fiber Cable Vault Splice Fiber Cable - 48 Fiber Material Fiber Cable - 96 Fiber Material BITS Timing TNCI ID Comp v2.7h.doc 186 Increment per lin ft per splice per splice per occurrence MRC 10. MRC 27. MRC 11. . . ~DJfi~EN;rQ~Ll2me~;rtmt4~rrES . . . Elements Non-Recurring Prices Engineering Fee Facility Pull Facility Termination DSO Cable Connectorized Unconnectorized DS1 Cable Connectorized Unconnectorized DS3 (Coaxial) Cable Connectorized Unconnectorized Fiber Monthly Recurring Prices Facility Termination DSO DS1 DS3 Cable Vault Space Fiber Cable - 48 fiber Space Utilization Fiber Cable - 96 fiber Space Utilization Cable Rack Space Metallic DSO Metallic DS 1 Fiber Coaxial TNCIID Comp v2.7h.doc per occurrence NRC $958. 1 lin ft NRC per 100 pr NRC per 100 pr NRC 42. per 28 pr NRC per 28 pr NRC 32. per DS3 NRC per DS3 NRC 11. per fiber term NRC 10. per 100 pr per 28 pr per coaxial MRC MRC MRC 16. 11. per subduct MRC per subduct MRC 1 lin ft MRC 1 lin ft MRC per innerduct ft MRC 1 lin ft MRC 187 Increment NRC / MRC Rate Non-Recurrin Prices Engineering Costs Engineering/Major Augment Fee per occurrence NRC 551. Equipment Installation per quarter rack NRC 3,474. Software Upgrades per base unit NRC 96. Card Installation per card NRC 222. DC Power Engineering per proj ect NRC 15. Cable Pull/Termination per cable NRC 1341. Ground Wire per wire NRC 18. Facility Cable or Fiber Optic Patch cord Pull/TerminationEngineering per projectFacility Cable Pull per cable run Fiber Optic Patch cord Pull per cable runDSO Cable Termination per 100 pairDS1 Cable Termination per 28 pair DS3 Coaxial Cable Termination per termination (Preconnectorized) DS3 Coaxial Cable Termination (Unconnectorized) Fiber Optic Patchcord Termination Fiber Cable Pull Engineering Place Innerduct Pull Cable Cable Fire Retardant Fiber Cable Splice Engineering Splice Cable BITS Timing per project per fiber per project NRC 76. NRC 211. NRC 207. NRC NRC NRC NRC 11. NRC NRC 607. NRC NRC NRC 42. NRC 31. NRC 70. NRC 307. per termination per termination per project per lin ft per lin ft per occurrence Monthly Recurrina Prices Equipment Maintenance per quarter rack MRC 82. DC Power per load amp MRC 14. Environmental Conditioning per load amp MRC Facility Termination DSO per 100 pr MRC DS1 per 28 pr MRC 16. DS3 per DS3 MRC 11. Fiber Optic Patch cord per connector MRC Cable Rack Space - Metallic per cable run MRC Cable Rack Space - Fiber per innerduct ft MRC Fiber Optic Patchcord Duct Space per cable run MRC TNCIID Comp v2.7h.doc 188 Elements Increment NRC / MRC Rate Manhole Space - Fiber per project MRC Subduct Space - Fiber per lin ft MRC Cable Vault Splice Fiber Cable - 48 Fiber Material per splice MRC 10. Fiber Cable - 96 Fiber Material per splice MRC 27. BITS Timing per occurrence MRC 11. TNCI ID Comp v2.7h.doc 189 ml~RW.~~ .. Elements Non-Recurring Prices Increment NRC / MRC Rate Augment Fee Facility Pull Engineering labor Building Penetration for Microwave Cable Special Work for Microwave per occurrence NRC 998. per project NRC 16. per linear ft NRC per occurrence NRC ICB per occurrence NRC ICB Monthly Recurrina Prices Rooftop Space per sq ft MRC TNCIID Comp v2.7h.doc 190 1\41$.$. Labor: Overtime Installation labor Overtime Repair labor Additional Installation Testing labor Standby labor Testing & Maintenance with Other Telcos, labor Other labor per rates below per rates below per rates below per rates below per rates below per rates below Labor Rates: Basic Time, Business Day, Per Technician First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Overtime, Outside the Business Day First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof Prem.Time Outside Business Day, Per Tech First Half Hour or Fraction Thereof Each Additional Half Hour or Fraction Thereof NRC $42. NRC 21.41 NRC 100. NRC 75. NRC 150. NRC 125. Cable Material Facility Cable-DSO Cable (Connectorized) 100 per cable run NRC 324. pair Facility Cable-DS1 Cable (Connectorized)per cable run NRC 301 . Facility Cable-DS3 Coaxial Cable per cable run NRC 82. Fiber Optic Patchcord - 24 Fiber (Connectorized)per cable run NRC 810. Power Cable-Wire Power 1/0 per cable run NRC 91. Power Cable-Wire Power 2/0 per cable run NRC 132. Power Cable-Wire Power 3/0 per cable run NRC 146. Power Cable-Wire Power 4/0 per cable run NRC 180. Power Cable-Wire Power 350 MCM per cable run NRC 301. Power Cable-Wire Power 500 MCM per cable run NRC 428. Power Cable-Wire Power 150 MCM per cable run NRC 658. Facility Cable - Category 5 Connectorized per linea r ft NRC Collocation Space Report per premise NRC 218. TNCI ID Comp v2.7h.doc 192 DESCRIPTION AND APPLICATION OF RATE ELEMENTS Non-Recurring Charges The following are non-recurring charges (one-time charges) that apply for specific work activity: EnQineerinQ/Maior Augment Fee. The Engineering/Major Augment Fee applies for each initial Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs of the initial walkthrough to determine if there is sufficient collocation space, the best location for the collocation area, what building modifications are necessary to provide collocation, and if sufficient DC power facilities exist in the premises to accommodate collocation. This fee also includes the total time for the Building Services Engineer and the time for the Outside Plant and Central Office Engineers to attend status meetings. EnQineerinQ/Maior AuQment ~icrowave OnlY).The Engineering/Major Augment Fee for Microwave Collocation applies when an existing Caged and Cage less collocation arrangement is augmented with newly installed microwave antennae and other exterior facilities. This charge recovers the costs of the initial walkthrough to determine if there is sufficient space, the best location for the microwave antennae and other exterior facilities , what building modifications are necessary, if any, and if sufficient support facilities exist in the premises to accommodate the microwave antennae and other exterior facilities. This fee also includes the total time for the Building Services Engineer to coordinate the entire project. Minor AuQment Fee . The Minor Augment Fee applies for each minor augment request of an Existing Caged , Cageless , Virtual , or Microwave collocation arrangement that does not require additional AC or DC power systems , HVAC system upgrades, or additional cage space. Minor augments are those requests that require the Company to perform a service or function on behalf of the CLEC including, but not limited to: installation of Virtual equipment cards or software upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities and requests to terminate DSO, DS1 and DS3 cables. Access Card Administration. The Access Card Administration rate covers activities associated with the issuance and management of premises access cards. The rate is applied on a per card basis. CaQe GroundinQ Bar.The Cage Grounding Bar rate recovers the material and labor costs to provision a ground bar, including necessary ground wire , in the collocator s cage. BITS Timing. The non-recurring charge for BITS Timing includes engineering, materials, and labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per project basis. Overhead Superstructure The Overhead Superstructure charge is applied for each initial caged and cageless collocation application. The Overhead Superstructure charge is designed to recover Verizon s engineering, material, and installation costs for extending dedicated overhead superstructure. Facilitv Cable or Fiber Optic Patchcord Pull/Termination-EnQineering The Facility Cable or Fiber Optic Patchcord Pull/Termination-Engineering charge is applied per project to recover the engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord) from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber distribution panel. The charge would also apply per project to recover the engineering costs of pulling transmission cable from microwave antennae facilities on the rooftop to the collocation cage or relay rack. TNCIID Comp v2.7h.doc 193 Facility Pull.The Facility Pull charge is applied per cable run and recovers the labor cost of pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel , or fiber distribution panel. Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord terminated and is designed to recover the labor cost of terminating or disconnecting transmission cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber distribution panel. Fiber Cable Pull-Enqineering. The Fiber Cable Pull-Engineering charge is applied per project to cover the engineering costs for pulling the ClEC's fiber cable, when necessary, into Verizon central office. Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the cable vault to the ClEC's equipment area through which the ClEC's fiber cable is pulled. Fiber Cable Pull-labor.This charge is applied per linear foot and covers the labor costs of pulling the ClEC's fiber cable into Verizon s central office. Fiber Cable Pull-Fire Retardant.This charge is associated with the filling of space around cables extending through walls and between floors with a non-flammable material to prevent fire from spreading from one room or floor to another. Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber cable termination and recovers the labor cost to terminate the fiber optic patchcord cable. Fiber Splice-Enqineerinq . The Fiber Splice-Engineering charge is applied per project and covers the engineering costs for fiber cable splicing projects. Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor cost associated with the splicing. DC Power. Non-recurring charges for DC Power are applied for each caged, cageless , and virtual collocation application and major DC Power augments to existing arrangements. These charges recover Verizon s engineering and installation costs for pulling and terminating DC power cables to the collocation area. For initial applications , each DC Power feed will require two (2) cables. Cable Material Charges . The ClEC has the option of providing its own cable or Verizon may, at the ClEC's request, provide the necessary transmission and power cables for caged , cageless and virtual collocation arrangements. If Verizon provides these cables, the applicable Cable Material Charge will be charged. Adjacent Enqineerinq Fee. The Adjacent Engineering Fee provides for the initial activities of the Central Office Equipment Engineer, land & Building Engineer and the Outside Plant Engineer associated with determining the capabilities of providing Adjacent On-Site collocation. The labor charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire center and property, and contacting other agencies that could impact the provisioning of adjacent collocation. Adjacent Facilitv Pull-labor. This charge covers the labor of running the interconnection wire (cable) from the main distribution frame connector to a termination block or DSX panel. Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for adjacent collocation to the main distribution frame block or DSX panel. TNCI ID Comp v2.7h.doc 194 Collocation Soace Reoort When requested by a CLEC, Verizon will submit a report that indicates Verizon s available collocation space in a particular premise. The report will be issued within ten calendar days of the request. The report will specify the amount of collocation space available at each requested premise, the number of collocators , and any modifications in the use of the space since the last report. The report will also include measures that Verizon is taking to make additional space available for collocation. Miscellaneous Services Labor.Additional labor, if required, by Verizon to complete a collocation request, disconnect collocation power cables , remove collocation equipments, or perform inventory services for CLECs. Facility PuUJ.Microwave OnW. The Facility Pull charge is applied per linear foot and recovers the labor cost of pulling transmission cable from the microwave antennae and other exterior facilities on the rooftop to the transmission equipment in the collocation cage or relay rack. BuildinQ Penetration for Microwave Cable. The reasonable costs to penetrate buildings for microwave cable to connect microwave antennae facilities and other exterior facilities to the transmission equipment in the collocation cage or relay rack will be determined and applied on an individual case basis, where technically feasible, as determined by the initial and subsequent Engineering surveys. Soecial Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave antennae and other exterior facilities that are not recovered via other microwave rate elements will be determined and applied on an individual case basis. Virtual EQuioment Installation. The Virtual Equipment Installation charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and installation of the virtual collocation equipment. This charge would apply to the installation of powered equipment including, but not limited to, ATM , DSLAM, frame relay, routers, OC3. OC12, OC24 OC48, and NGDLC. This charge does not apply for the installation of splitters. Virtual Software UOQrade. The Virtual Software Upgrade charge is applied per base unit when Verizon, upon CLEC request, installs software to upgrade equipment for an existing Virtual Collocation arrangement. Virtual Card Installation. The Virtual Card Installation charge is applied per card when Verizon, upon CLEC request, installs additional cards for an existing Virtual Collocation arrangement. Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when the semi-mechanized ordering interface is not used. Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1 , DS3. and dark fiber circuits. Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO DS1 , DS3, and dark fiber circuits for DTS. TNCIID Comp v2.7h.doc 195 Monthly Recurring Charges The following are monthly charges. Monthly charges apply each month or fraction thereof that Collocation Service is provided. Caged Floor Space Caged Floor Space is the cost per square foot to provide environmentally conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has proper humidification and temperature controls to house telecommunications equipment. The cost includes only that which relates directly to the land and building space itself. Relay Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally conditioned floor space that a relay rack occupies based on linear feet. The standardized relay rack floor space depth is based on half the aisle area in front and back of the rack, and the depth of the equipment that will be placed within the rack. Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of the space that the outside plant fiber occupies within the manhole. Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the outside plant fiber occupies and applies on a per linear foot basis. Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the space and material cost associated with the CLEC's fiber cable splice within Verizon s cable vault. Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DSO, DS1 and DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC' metallic and coaxial cable occupies within Verizon. Cable Rack Space-Fiber.The Cable Rack Space-Fiber charge recovers the space utilization cost that the CLEC's fiber cable occupies within Verizon s cable rack system. Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable run and recovers the cost for the central office duct space occupied by the fiber optic patch cord cable. DC Power.The DC Power monthly charge is applied on a per load amp basis with a 10 amp minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed to recover the monthly facility and utility expense to power the collocation equipment. Facility Termination. This charge is applied per cable terminated. This charge is designed to recover the labor and material costs of the applicable main distribution frame 100 pair circuit block, DSX facility termination panel , or fiber distribution panel. BITS Timing. The BITS Timing monthly charge is designed to recover equipment and installation cost to provide synchronized timing for electronic communications equipment. This rate is based on a per port cost. Building Modification. The Building Modification monthly charge is applied to each caged and cageless arrangement and is associated with provisioning the following items in Verizon premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and grounding equipment. Environmental ConditioninQ. The Environmental Conditioning charge is applied to each caged cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the TNCIID Comp v2.7h.doc 196 CLEC's DC Power requirements. This charge is associated with the provisioning of heating, ventilation, and air conditioning systems for the CLEC's equipment in Verizon s premises. Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of the cable or subduct. Adjacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber metallic or coaxial cable occupies withi n the cable rack system. The charge is based on the linear feet occupied. Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost includes only that which relates directly to the land and building space itself. Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24 OC48 , and NGDLC. This charge does not apply for the maint enance of splitters. TNCIID Comp v2.7h.doc 197