HomeMy WebLinkAbout20060502Application Part I.pdfverlZ2.,
20575 NW Van Neumann Drive, Suite 150
Hillsbara, OR 97006
April 25 , 2006
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Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
Re: Agreement between Verizon Northwest Inc. and Ernest Communications, Inc.
Dear Ms. Jewell:
Enclosed you will find three copies of an agreement between Verizon Northwest Inc. and
Ernest Communications, Inc.
If you have any questions regarding this filing, please call me at 503/645-7909.
Sincere~~,
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l WV/ t ~(jlt Ren M. Willer
Senior Staff Consultant
Enclosures
AGREEMENT
by and between
ERNEST COMMUNICATIONS, INC.
and
VERIZON NORTHWEST INC.
FOR THE STATE OF
IDAHO
ECIID Camp v2.
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TABLE OF CONTENTS
AGREEME NT
........................................................................................................................
ECIID Camp v2.
The Agreement..................................................................................................
Term and Termination .......................................................................................
Glossary and Attachments .......................... ................... ...................................
Applicable Law..... ........
.................................... ................ ........................... ......
Assignment....................................................................................................... 3
Assurance of Payment ......................................................................................
Audits ....... ....
.............................. ...... ....... ....
................. ..................... ................ 5
Authorization ......... ........... .... .... ...........
...... ......... ......
.......................... ............... 5
Billing and Payment; Disputed Amounts........................................................... 6
10.Confidentiality........... ....... ....
.... .... ....... ...... ...... ..... .... ....... ..................... ........ .....
11.Counterparts ............. ....
..... .... ............... ...... ....... .... .... .......................... ......... ....
12.Default........... ............. ........ ................................. ........ ............. ................. ........
13.Discontinuance of Service by ECI .....................................................................
14.Dispute Resolution ............................................................................................ 9
15.Force Majeure ..... .......... ..... ............ ....... ......
.................... ...... ...... ....... ................
16.Forecasts... ................. ........ ..... ..........
....... ...... ........ ......... .............
................... 10
17.Fraud ...............................................................................................................
18.Good Faith Performance............................................................. ..................... 10
19.Headings .........................................................................................................
20.Indemnification....... ............. ........ ............. ............. ........ ........... ......... ...... ........ 11
21.Insurance. ............ ..... .... ............. .......... .......
...... ...............
................................ 12
22.Intellectual Property ........................................................................................
23.Joint Work Product..........................................................................................
24.Law Enforcement............................................................................................
25.Liability......... ........ .....
..................... ......... ...... ....... ........ ....
............................... 15
26.Network Management...................................................................................... 16
27.Non-Exclusive Remedies........................ ............. ..................... .......................
28.Notice of Network Changes.............................................................................
29.Notices. .......... ....... .......... ..... ................... ............. ............ ......... ............. ......... 17
30.Orderi ng and Mai ntenance ................................ .............. ................................ 18
31.Performance Standards....... ......
.... ... ................... .... ....... .......... ....... .......... ......
32.Point of Contact for ECI Customers ................................................................
33.Predecessor Agreements ................................................................................
34.Publicity and Use of Trademarks or SerVice Marks .........................................
35.References ......................................................................................................
36.Relationsh i P of the Parties.............................................................................. 20
37.Reservation of Rights...................................................................................... 20
38.Subcontractors..... ....
...... ....... .... ......... .... ........ ... ............... ........ ........... ............
39.Successors and Assigns.................................................................................
40.Survival ...........................................................................................................
41.Taxes...............................................................................................................
42.Tech nol ogy Upgrades..................................................................................... 23
43.Territory. .... ....
........................ ...... ...... ...................... ...... .... ....... ...... .... ..... ........
44.Th i rd Party Beneficiaries................................................................................. 24
45.(Th is Section Intentionally Left Blan k) ............................................................. 24
46.252(i) Obligations ............................................................................................
47.Use of Service................................................................................................. 24
48.Waiver .............................................................................................................
49.Warranties... .... ...........
........ ...... .................. .... ............... .......... ......... ......... ......
50.Withdrawal of Services....................................................................................
SIGNATURE PAGE.............................................................................................................. 26
GLOSSARY ......................,.................................................................................................. 27
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General Rule....................................................................................................
Definitions ..... ........ ....... ...... ............. ........... ...... ............... ........... .... .................
ADDITIONAL SERVICES ATTACHMENT ................. ................ ................. ...m...... ............... 41
Alternate Billed Calls.......................................................................................
Dialing Parity - Section 251 (b)(3) ..................................................................... 41
(Th is Section Intentionally Left Blan k)........ ..................................................... 41
Directory Listing and Directory Distribution .................................................... 41
Voice Information Service Traffic.................................. .................................. 43
Intercept and Referral Announcements ....... ............... ................... ........ .......... 44
Originating Line Number Screening (OLNS).................................................... 44
Operations Support Systems (OSS) Services..................................................
Poles, Ducts, Conduits and Rights-of-Way...................................................... 50
10.Telephone Nu mbers
........................................................................................
11.Routing for Operator Services and Directory Assistance Traffic.....................
12.Unauthorized Carrier Change Charges.......................................... .................. 52
13.Good Faith Performance................................................................................. 52
INTER CON NECTION ATTACHMENT
....... ...... ....... ............ .....
................... ............... ............ 53
General......... .... .......
...... .... ..... ................... ...... ......... ................... ........ ....... .....
Points of Interconnection and Trunk Types.....................................................
Alternative Interconnection Arrangements....... ............. ............ ................. ..... 57
Initiating Interconnection.................................................................................
Transmission and Routing of Telephone Exchange Service Traffic................ 59
Traffic Measurement and Billing over Interconnection Trunks........................ 60
Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
Act ...................................................................................................................
Other Types of Traffic...................................................................................... 63
Transmission and Routing of Exchange Access Traffic.................................. 63
10.Meet-Point Billing Arrangements.... ................................................................. 64
11.Toll Free Service Access Code (e., 800/888/877) Traffic ...............................
ECI ID Camp v2.iii
12.Tandem Transit Traffic ........................................ ............................................ 69
13.Number Resources, Rate Center Areas and Routing Points............................ 70
14.Joint Network Implementation and Grooming Process; Forecasting ..............
15.Number Portability - Section 251(B)(2) ............................................................ 72
16.Good Faith Performance................................................................................. 74
TRAFFIC EXCHANGE ATTACHMENT ...................... ............................................. .............. 75
General....... ........ ....... ......
..... ...... ...... ..... .... .......... ..... ........ ....... ............ ....... .....
Arrangements With Third Party Tandem Provider........................................... 75
Initiating Traffic Exchange Under This Attachment ......................................... 76
Traffic Measu rement and Billi ng...................................................................... 76
Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the
Act """"""""""""""""""""""""""""'"........................................................ 77
Other Types of Traffic...................................................................................... 78
Toll Free Service Access Code (e., 800/888/877) Traffic ...............................
Number Resources , Rate Center Areas and Routing Points............................ 80
Number Portability - Section 251(B)(2) ............................................................
10.Good Faith Performance ... .......... ...............................................oo..... .............. 83
RESALE ATTACHMENT...................................................................................................... 84
General.................................................."""""""""""""""""""""""""""'" 84
Use of Verizon Telecommunications Services ......................................... ....... 84
Availability of Verizon Telecommunications Services..................................... 85
Responsibility for Charges..............................................................................
Operations Matters..........................................................................................
Rates and Charges..........................
"""""""""'" ..... ...... .... ..... ...... ........
......... 86
Good Faith Performance................................................. ................................ 87
NETWORK ELEMENTS ATTACHMENT """""OO..........
........................................ .................
General......... ........ .....
...... .... ....... ...... ............. .... ......... ........... .... .... ......... .........
Verizon s Provision of Network Elements........................................................ 89
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Loop Transmission Types............................................................................... 89
Line Sharing ....................................................................................................
Line Splitting ................................................................................................. 105
Sub-Loop ....... .......................
............................................................ .............
105
Inside Wire.....................................................................................................109
Dark Fiber......................................................................................................110
Network Interface Device...................................................................... ......... 116
10.Unbundled Circuit Switching Elements ......................................................... 117
11.U nbu ndled Interoffice Facilities..................................................................... 118
12.Signaling Networks and Call-Related Databases........................................... 119
13.Operation s Su pport Systems........................................................................ 120
14.Availability of Other Network Elements on an Unbundled Basis................... 121
15.Maintenance of Network Elements ................................................................ 122
16.Combinations ... "" ....
.... ....... ............. .......... ..... ....
................... ........ ............... 122
17.Rates and Charges........................................................................................122
18.Good Faith Performance................. .............................................................. 123
CO LLOCA TION ATTACH MENT
.........................................................................................
124
Verizon s Provision of Collocation.. .............................................................. 124
911 ATTACH ME NT
............................................................................................................
170
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911/E-911 Arrangements............................... '""""""""""""""""""""""'" 170
Electronic Interface .......................................................................................170
911 Intercon nection
.......................................................................................
171
911 Facilities..................................................................................................171
Local Number Portability for use with 911.....................................................171
PSAP Coordination. .............. ...
............................................... ......
........ ..... .... 171
911 Compensation......................................................................................... 171
911 Ru les and Regu lations............................................................................ 171
Good Faith Performance............................................................................... 171
PRICING ATTACHMENT. ....
........................... ............. .....
.... .............................................. 173
General....... .... """""'" .... ................... .................. .............. ......... .................. 173
Verizon Telecommunications Services Provided to ECI for Resale Pursuant to
the Resale Attachment .................................................................. ................ 173
ECI Prices......................................................................................................175
(This Section Intentionally Left Blank)........................................................... 175
Regu latory Review of Prices.......................................................................... 175
APPENDIX A TO THE PRICING ATTACHMENT ...............................................................
...
177
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT ..................................................................................................................206
ECI ID Camp v2.
AGREEMENT
PREFACE
This Agreement, including Amendment No.1 (TRO Amendment) hereto ("Agreement") shall be
deemed effective as of April 18, 2006 (the "Effective Date ), between Ernest Communications
Inc. ("ECI"), a corporation organized under the laws of the State of Georgia, with offices at 5275
Triangle Parkway, Suite 150, Norcross, GA 30092 and Verizon Northwest Inc. ("Verizon ), a
corporation organized under the laws of the State of Washington with offices at 1800 41 st Street
Everett, WA 98201 (Verizon and ECI may be referred to hereinafter, each, individually as a
Party , and , collectively, as the "Parties
GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, pursuant to Section 252 of the Act, Verizon and ECI 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.
ECI ID Camp v2.
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 ECI.
ECI ID Camp v2.
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. 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
, 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 April 17 , 2008 (the "Initial Term ). Thereafter, this Agreement shall continue
in force and effect unless and until cancelled or terminated as provided in this
Agreement.
Either ECI 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 ECI or Verizon provides notice of termination pursuant to Section 2.2 and
on or before the proposed date of termination either ECI 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 ECI and Verizon; or, (b) the date one (1) year after the
proposed date of termination.
2.4 If either ECI or Verizon provides notice of termination pursuant to Section 2.2 and
by 11 :59 PM Eastern Time on the proposed date of termination neither ECI nor
Verizon has requested negotiation of a new interconnection agreement, (a) this
Agreement will terminate at 11 :59 PM Eastern Time on the proposed date of
termination , and (b) the Services being provided under this Agreement at the
time of termination will be terminated, except to the extent that the Purchasing
Party has requested that such Services continue to be provided pursuant to an
applicable Tariff or Statement of Generally Available Terms (SGAT).
Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
Applicable Law
The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
ECI ID Camp v2,
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.
4.4 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.
4.7 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 ECI hereunder, then Verizon may discontinue the provision of
any such Service, payment or benefit, and ECI shall reimburse Verizon for any
payment previously made by Verizon to ECI that was not required by Applicable
Law. Verizon will provide thirty (30) days prior written notice to ECI of any such
discontinuance of a Service, unless a different notice period or different
conditions are specified in this Agreement (including, but not limited to, in an
applicable Tariff) or Applicable Law for termination of such Service in which event
such specified period and/or conditions shall apply.
Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
Assurance of Payment
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Upon request by Verizon , ECI 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 ECI (a) prior to
the Effective Date , has failed to timely pay a bill rendered to ECI by Verizon or its
Affiliates, (b) on or after the Effective Date , fails to timely pay a bill rendered to
ECI 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 ECI in connection with this
Agreement. If ECI 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 ECI 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
ECI in respect of any amounts to be paid by ECI 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, ECI 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 ECI has provided Verizon with such assurance of payment.
Audits
ECI ID Camp v2.
The fact that a letter of credit is requested by Verizon hereunder shall in no way
relieve ECI 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.
ECI represents and warrants that it is a corporation duly organized , validly
existing and in good standing under the laws of the State of Georgia , and has full
power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
ECI Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to perform under this Agreement until such time as ECI has obtained
such FCC and Commission authorization as may be required by Applicable Law
for conducting business in the State of Idaho. ECI shall not place any Orders
under this Agreement until it has obtained such authorization. ECI shall provide
proof of such authorization to Verizon upon request.
Billing and Payment; Disputed Amounts
10.
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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
electronic funds transfer.
If any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties, the billed Party shall give notice to the
billing Party of the amounts it disputes ("Disputed Amounts ) and include in such
notice the specific details and reasons for disputing each item. A Party may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Party at any time, either before or after an
amount is paid , and a Party s payment of an amount shall not constitute a waiver
of such Party s right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The billed Party shall pay by the Due Date
all undisputed amounts. Billing disputes shall be subject to the terms of Section
, Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date , shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Party under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought befure 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.
Confide ntiality
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;
10.1.2 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 directory assistance service, operator service, Caller
10.
10.
10.4
ECIID Camp v2.
ID or similar service, or LIDS 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);
10.1.4 information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
10.any information that is in written , graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
Proprietary;" and
10.any information that is communicated orally or visually and declared to
the Receiving Party at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential or "Proprietary
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential Information pursuant to Sections 10.5 or 10.
Except as otherwise provided in this Agreement, the Receiving Party shall:
10.use the Confidential Information received from the Disclosing Party
only in performance of this Agreement; and
10.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.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.
11.
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 ofthe Receiving Party or
the Receiving Party s Affiliates;
10.4.is rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;
10.4.4 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 10.4, the Receiving
Party may use and disclose Confidential Information received from the Disclosing
Party to the extent necessary to enforce the Receiving Party s rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
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. 9 222
and are hot 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.
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
ECIID Camp v2.
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.
13.
Discontinuance of Service by ECI
14.
15.
ECI ID Camp v2,
If ECI 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, ECI shall send written notice of such
discontinuance to Verizon, the Commission , and each of ECl's Customers. ECI
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, ECI shall send such notice at least
thirty (30) days prior to its discontinuance of service.
13.Such notice must advise each ECI Customer that unless action is taken by the
ECI Customer to switch to a different carrier prior to ECl's proposed
discontinuance of service, the ECI Customer will be without the service provided
by ECI to the ECI Customer.
13.Should a ECI Customer subsequently become a Verizon Customer, ECI shall
provide Verizon with all information necessary for Verizon to establish service for
the ECI Customer, including, but not limited to, the ECI Customer's billed name
listed name, service address, and billing address, and the services being
provided to the ECI 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.
14.2 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
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
ECI shall provide to Verizon forecasts regarding the Services that ECI expects to
purchase from Verizon, including, but not limited to, forecasts regarding the types and
volumes of Services that ECI expects to purchase and the locations where such Services
will be purchased.
17.Fraud
ECI 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 ECI's account in cases of, fraud by ECl'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 ECI 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.
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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
20.Each Party ("Indemnifying Party ) shall indemnify, defend and hold harmless the
other Party ("Indemnified Party ), the Indemnified Party s Affiliates, and the
directors, officers and employees of the Indemnified Party and the Indemnified
Party's Affiliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal property of any person, to the extent such injury, death
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party, the
Indemnifying Party's Affiliates, or the directors, officers, employees , Agents or
contractors (excluding the Indemnified Party) of the Indemnifying Party or the
Indemnifying Party's Affiliates, in connection with this Agreement.
20.
20.
Indemnification Process.
20.
20.2.
20.2.4
20.
20.
ECI ID Camp v2.
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 20.2.7, below, the Indemnifying Party shall have
the authority to defend and settle any Third Party Claim.
With respect to any Third Party Claim, the Indemnified Person shall be
entitled to participate with the Indemnifying Party in the defense of the
Claim if the Claim requests equitable relief or other relief that could
21.
20.
20.4
Insurance
21.
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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.
ECI shall maintain during the term of this Agreement and for a period of two
years thereafter all insurance and/or bonds required to satisfy its obligations
under this Agreement (including, but not limited to, its obligations set forth in
Section 20 hereof) and all insurance and/or bonds required by Applicable Law.
The insurance and/or bonds shall be obtained from an insurer having an A.
Best insurance rating of at least A-, financial size category VII or greater. At a
minimum and without limiting the foregoing undertaking, ECI 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.
22.
21.2
21.
21.4
21.
21.
21.
21.Commercial Motor Vehicle Liability Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2 000,000
combined single limit for each occurrence.
21.Excess Liability Insurance , in the umbrella form, with limits of at least
$10,000 000 combined single limit for each occurrence.
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
ECl'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 ECI.
ECI shall name Verizon and Verizon s Affiliates as additional insureds on the
foregoing liability insurance.
ECI shall, within two (2) weeks of the Effective Date hereof at the time of each
renewal of, or material change in, ECl'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-Negotiations, Verizon
Partner Solutions, 600 Hidden Ridge , HOEWMNOTICES , Irving, TX 75038.
ECI shall require its contractors, if any, that may enter upon the premises or
access the facilities or equipment of Verizon or Verizon s affiliates to maintain
insurance in accordance with Sections 21.1 through 21.3 and, if requested , to
furnish Verizon certificates or other adequate proof of such insurance acceptable
to Verizon in accordance with Section 21.4.
If ECI or ECI's contractors fail to maintain insurance as required in Sections 21.
through 21., above , Verizon may (but shall not be obligated to) purchase such
insurance and ECI shall reimburse Verizon for the cost of the insurance.
Certificates furnished by ECI or ECl's contractors shall contain a clause stating:
Verizon Northwest Inc. shall be notified in writing at least thirty (30) days prior to
cancellation of, or any material change in, the insurance.
22.
Intellectual Property
ECI ID Camp v2.
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
property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2
22.
22.4
23.
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.
ECI 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
ECI, directly or through a third party, of any such terms, conditions or restrictions
that may limit any ECI use of a Service provided by Verizon that is otherwise
permitted by this Agreement. At ECl's written request, to the extent required by
Applicable Law, Verizon will use Verizon s best efforts, as commercially
practicable, to obtain intellectual property rights from Verizon s vendor to allow
ECI to use the Service in the same manner as Verizon that are coextensive with
Verizon s intellectual property rights, on terms and conditions that are equal in
quality to the terms and conditions under which Verizon has obtained Verizon
intellectual property rights. ECI shall reimburse Verizon for the cost of obtaining
such rights.
Joint Work Product
The Principal Document is the joint work product of the Parties, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. In the event
any ambiguities, no inferences shall be drawn against either Party.
24.
24.
Law Enforcement
24.
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Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement, including, but not limited
, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilities and equipment, and dialed number recording facilities and equipment.
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.
25.
24.
Liability
25.
25.
25.
25.4
25.
ECIID Camp v2.
Where a law enforcement or national security request relates to the
establishment of lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Party may act to prevent the other Party
from obtaining access to information concerning such lines, services, facilities
and arrangements, through operations support system interfaces.
As used in this Section 25
, "
Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
Except as otherwise stated in Section 25., the liability, if any, of a Party, a
Party s Affiliates , and the directors, officers and employees of a Party and a
Party s Affiliates, to the other Party, the other Party's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
Except as otherwise stated in Section 25., a Party, a Party s Affiliates, and the
directors, officers and employees of a Party and a Party s Affiliates, shall not be
liable to the other Party, the other Party s Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental , consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibility of such damages.
The limitations and exclusions of liability stated in Sections 25.1 through 25.
shall apply regardless of the form of a claim or action, whether statutory, in
contract, warranty, strict liability, tort (including, but not limited to, negligence of a
Party), or otherwise.
Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability:
25.under Sections 20 , Indemnification, or 41 , Taxes.
25.for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
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;
25.under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
26.
25.
25.7
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 Management
26.
26.
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Cooperation. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. ECI 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.
Responsibility for Followinq Standards. Each Party recognizes a responsibility to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service, network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
Interference or Impairment.If a Party ("Impaired Party ) reasonably determines
that the services, network, facilities, or methods of operation , of the other Party
("Interfering Party ) will or are likely to interfere with or impair the Impaired Party
provision of services or the operation of the Impaired Party s network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.Except in emergency situations (e., situations involving a risk of
bodily injury to persons or damage to tangible property, or an
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Party shall have given the Interfering Party at
least ten (10) days' prior written notice of the interference or
impairment or potential interference or impairment and the need to
correct the condition within said time period; and taken other actions, if
any, required by Applicable Law; and
26.Upon correction of the interference or impairment, the Impaired Party
will promptly restore the interrupted or suspended Service. The
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 Outaae Repair Standard. In the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Verizon
standard procedures for isolating and clearing the outage or trouble.
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
shall be delivered to the following addresses of the Parties:29.
To ECI:
Paul Masters
President
5275 Triangle Parkway
Suite 150
Norcross, GA 30092
Telephone Number: (770) 242-9069, Ext.: Not Provided
Facsimile Number: (770) 441-2106
Internet Address: pmastersCillernestgroup.com
To Verizon:
ECI ID Camp v2.
Director-Negotiations
Verizon Partner Solutions
600 Hidden Ridge
HOEWMNOTICES
Irving, TX 75038
Facsimile Number: (972) 719-1519
Internet Address: wmnoticescmverizon.com
with a copy to:
Vice President and Deputy General Counsel
Verizon Partner Solutions
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.
30.Ordering and Maintenance
ECI shall use Verizon s electronic Operations Support System access platforms to submit
Orders and requests for maintenance and repair of Services, and to engage in other pre-
ordering, ordering, provisioning, maintenance and repair transactions. If Verizon has not
yet deployed an electronic capability for ECI to perform a pre-ordering, ordering,
provisioning, maintenance or repair, transaction offered by Verizon , ECI 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.ECI shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32.Point of Contact for ECI Customers
32.ECI shall establish telephone numbers and mailing addresses at which ECI
Customers may communicate with ECI and shall advise ECI Customers of these
telephone numbers and mailing addresses.
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32.
33.
Except as otherwise agreed to by Verizon , Verizon shall have no obligation, and
may decline, to accept a communication from a ECI Customer, including, butnot
limited to , a ECI Customer request for repair or maintenance of a Verizon Service
provided to ECI.
33.
Predecessor Agreements
Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.
33.
34.
33.Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between the Parties for the State of Idaho pursuant to
Section 252 of the Act and in effect prior to the Effective Date is
hereby amended , extended and restated; and
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 may 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.
34.
Publicity and Use of Trademarks or Service Marks
34.
34.
35.
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A Party, its Affiliates, and their respective contractors and Agents , shall not use
the other Party s trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Party has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
Neither Party may imply any direct or indirect affiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
Any violation of this Section 34 shall be considered a material breach of this
Agreement.
References
35.
35.
36.
All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
Unless the context shall otherwise require, any reference to a Tariff, agreement
technical or other document (including Verizon or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36.
Relationship of the Parties
36.
36.
36.4
36.
36.
37.
37.
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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.
Except as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business.
The relationship of the Parties under this Agreement is a non-exclusive
relationship.
Reservation of Rights
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
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.ECI acknowledges ECI has been advised by Verizon that it is Verizon s position
that this Agreement contains certain provisions which are intended to reflect
Applicable Law and Commission and/or FCC arbitration decisions.
38.Su bcontractors
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 Providina Partv. 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.
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41.
41.4
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Taxes Imposed on Customers.With respect to any purchase hereunder of
Services that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, Customer or ultimate
consumer ("Subscriber ) in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, then the Purchasing Party (a) shall be required to impose and/or
collect such Tax from the Subscriber and (b) shall timely remit such Tax to the
applicable taxing authority.
Liabilitv for Uncollected Tax. Interest and Penaltv. 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.
41.Tax Exemptions and Exemption Certificates . If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption-certificate requirement, then, if the
Purchasing Party complies with such procedure , the Providing Party shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 41.6. If Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure , then the Providing Party shall not collect such Tax if the
Purchasing Party (a) furnishes the Providing Party with a letter signed by an
officer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b) supplies the Providing Party
with an indemnification agreement, reasonably acceptable to the Providing Party
(e., 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
Verizon Center
One Verizon Way
Basking Ridge, NJ 07920
To ECI:
Barbara Byrne
5275 Triangle Parkway
Suite 150
Norcross, Georgia 30092
Either Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42.Technology Upgrades
Notwithstanding any other provision of this Agreement, Verizon shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Verizon , at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate ECl'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. ECI 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 ECI with at least 90 calendar days prior
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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.(This Section Intentionally Left Blank)
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 ECI of any rights it may have under Section
252(i) results in the rearrangement of Services by Verizon , ECI 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
ECI.
50.Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirty (30) days prior written notice
to ECI terminate any provision of this Agreement that provides for the payment
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by Verizon to ECI 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 ECI. Following such termination , except as
otherwise agreed in writing by the Parties, Verizon shall be obligated to provide
compensation to ECI 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 ECI 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.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
ERNEST C~ION ,\INC.
By: Ga--'
:RIZO fi~
Printed: Paul Masters Printed: Gary Librizzi
Title: President Title: Director - Negotiations
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GLOSSARY
General Rule
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The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall" and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
Definitions
Act.
The Communications Act of 1934 (47 U.C. ~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.
2.4 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
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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 and LlDB.
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.
ATIS.
The Alliance for Telecommunications Industry Solutions.
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.
An End Office or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
(Intentionally Left Blank).
2.20
2.22
2.23
2.25
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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. ECI 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
ECI Central Office, but, in either case , that has not been activated through
connection to multiplexing, aggregation or other electronics that "light it" and
thereby render it capable of carrying Telecommunications Services.
2.28 Dark Fiber Loop.
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Consists of fiber optic strand(s) in a Verizon fiber optic cable between Verizon
accessible terminal, such as the fiber distribution frame, or its functional
equivalent, located within a Verizon Wire Center, and Verizon s accessible
terminal located in Verizon s main termination point at a Customer premises,
such as a fiber patch panel, and that has not been activated through connection
to electronics that "light" it and render it capable of carrying Telecommunications
Services.
Dark Fiber Sub-loop.
Consists of fiber optic strand(s) in a Verizon fiber optic cable (a) between
Verizon s accessible terminal located within a Verizon Wire Center, and Verizon
accessible terminal at a Verizon remote terminal equipment enclosure, (b)
between Verizon s accessible terminal at a Verizon remote terminal equipment
enclosure and Verizon s accessible terminal located in Verizon s main
termination point located within a Customer premises, or (c) between Verizon
accessible terminals at Verizon remote terminal equipment enclosures, and that
in all cases has not been activated through connection to electronics that "light" it
and render it capable of carrying Telecommunications Services.
Digital Signal level.
One of several transmission rates in the time-division multiplex hierarchy.
DSO (Digital Signal level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
DS1 (Digital Signal level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
DS3 (Digital Signal level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
EM I (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. EM I format is contained in document
SR-320 published by the ATIS.
End Office.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
Entrance Facility.
The facilities between a Party s designated premises and the Central Office
serving that designated premises.
2.40
2.41
2.42
2.43
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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 /n the Matter of Implementation of the
Loca/ Competition Provisions in the Te/ecommunications Act of 1996 /ntercarrier
Compensation for /SP 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.
FNID (Fiber Network Interface Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of optical fibers between two separate network providers.
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).
2.44 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.
2.45 ILEC (Incumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.46 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
2.47
2.48
2.49
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transmission services.
Inside Wire or Inside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer s side of the Rate Demarcation Point.
Internet Traffic.
Any traffic that is transmitted to or returned from the Internet at any point during
the duration of the transmission.
InterLATA Service.
Shall have the meaning set forth in the Act.
IntraLATA.
Telecommunications that originate and terminate within the same LATA.
(Intentionally Left Blank).
ISDN (Integrated Services Digital Network).
A switched network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI-
ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
IXC (Interexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, 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 NPNNXX 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.
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An End Office connection that provides transmission, switching and 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.
Maintenance Control Office.
Either Party s center responsible for control of the maintenance and repair of a
circuit.
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 (10XXX/101XXXX) 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 ATIS. The MECAB document, published by ATIS as "ATIS/OBF-
MECAB", as revised from time to time, 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.
ECI ID Camp v2.
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 ATIS. The MECOD
document, published by ATIS as "ATIS/OBF-MECOD", as revised from time to
time , 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.
Non Revertive.
Where traffic is redirected to a protection line because of failure of a working line
and the working line is repaired, traffic will remain on the protection line until
there is either manual intervention or a failure of the protection line.
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
ECIID Camp v2.
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-01 0-200-
010.
POI (Point of Interconnection).
The physical location where the Parties' respective facilities physically
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 ECI Wire Center, ECI switch or any
portion of a transport facility provided by Verizon to ECI or another party between
(x) a Verizon Wire Center or switch and (y) the Wire Center or switch of ECI or
another party.
Port.
A line card (or equivalent) and associated peripheral equipment on an End Office
(circuit switched only) that interconnects individual Loops or individual Customer
trunks with the circuit switching components of such End Office and the
associated circuit switching functionality in that End Office. 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 the unbundled
local circuit switching element.
Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
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 prm.1sion
of Telephone Exchange Services. The Rate Center Area is the exclusive
ECI ID Camp v2.
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-795-1 00-100, 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
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's
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, ATM
or any other traffic that is not switched by the terminating Party; (6) Tandem
Transit Traffic; (7) Voice Information Service Traffic (as defined in Section 5 of
the Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or
V/FX Traffic) (as defined in the Interconnection Attachment). For the purposes of
this definition , a Verizon local calling area includes a Verizon non-optional
Extended Local Calling Scope Arrangement, but does not include a Verizon
optional Extended Local Calling Scope Arrangement.
Retail Prices.
ECI ID Camp v2.
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.
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 ECI 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.
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Offices and between
and among End Offices and carriers' aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.
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Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
Tariff.
95.Any applicable Federal or state tariff of a Party, as amended from time
to time; or
95.2 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 (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
Telcordia Technologies.
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 11 01XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
Third Party Claim.
A Claim where there is (a) a claim , demand , suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Party.
Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party s network and
terminates to a Customer of the other Party on that other Party s network and is
not Reciprocal Compensation Traffic, Measured Internet Traffic, or Ancillary
Traffic. Toll Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll
Traffic , depending on whether the originating and terminating points are within
the same LATA.
103 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
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ECI ID Camp v2,
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 fexcluding Measured Internet Traffic
Total Minutes of Use~ + flnterstate Traffic Total Minutes of Use + Intrastate Traffic
Total Minutes of Use~J 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
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured Internet Traffic by the combined total number of minutes of
intrastate traffic and Measured Internet Traffic. (HReciprocal Compensation
Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Use~ +
flntrastate Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes
of Use~) 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
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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 kilo bits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO" or "sub-DS 1" may also be used.
Wire Center.
A building or portion thereof which serves as the premises for one or more End
Offices, Tandems 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.
ADDITIONAL SERVICES ATTACHMENT
Alternate Billed Calls
The Parties will engage in settlements of intraLA T A intrastate alternate-billed
calls M, 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.
(This Section Intentionally Left Blank)
Directory Listing and Directory Distribution
To the extent required by Applicable Law, Verizon will provide directory services to ECI.
Such services will be provided in accordance with the terms set forth herein.
Listing Information.
As used herein
, "
Listing Information" means a ECI Customer s primary name
address (including city, state and zip code), telephone number(s), the delivery
address and number of directories to be delivered , and , in the case of a business
Customer, the primary business heading under which the business Customer
desires to be placed, and any other information Verizon deems necessary for the
publication and delivery of directories.
Listing Information Supply.
ECI 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 ECI Customer whose service address location falls
within the geographic area covered by the relevant Verizon directory. ECI shall
also provide to Verizon on a daily basis: (a) information showing ECI Customers
who have disconnected or terminated their service with ECI; and (b) delivery
information for each non-listed or non-published ECI Customer to enable Verizon
to perform its directory distribution responsibilities. Verizon shall promptly
provide to ECI (normally within forty-eight (48) hours of receipt by Verizon
excluding non-business days) a query on any listing that is not acceptable.
Listing Inclusion and Distribution.
Verizon shall include each ECI 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 ECI 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 ECl's Customers shall be interfiled with listings of Verizon
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4.4
ECIID Camp v2.
Customers and the Customers of other LECs included in the Verizon directories.
ECI shall pay Verizon s Tariffed charges for additional, foreign, and other listings
products (as documented in local Tariff) for ECl's Customers.
Verizon Information.
Upon request by ECI , Verizon shall make available to ECI 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 ECI, on Verizon s Wholesale website (or, at Verizon s option, in
writing) Verizon s directory listings standards and specifications.
Confidentiality of Listing Information.
Verizon shall accord ECI 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 ECI Listing Information
for directory publishing, direct marketing, or any other purpose for which Verizon
uses or licenses its own listing information, so long as ECI Customers are not
separately identified as such; and provided further that ECI 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 ECI for
Verizon s use or licensing of ECI Listing Information.
Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of ECI Customer listings. At ECI's request, Verizon shall provide ECI
with a report of all ECI Customer listings in a reasonable timeframe prior to the
service order close date for the applicable directory. Verizon shall process any
corrections made by ECI with respect to its listings, provided such corrections are
received prior to the close date of the particular directory.
Indemnification.
ECI shall adhere to all practices, standards, and ethical requirements established
by Verizon with regard to listings. By providing Verizon with Listing Information
ECI warrants to Verizon that ECI has the right to provide such Listing Information
to Verizon on behalf of its Customers. ECI 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. ECI agrees to release, defend, hold harmless and indemnify Verizon from
and against any and all claims, losses, damages, suits, or other actions, or any
liability whatsoever, suffered, made, instituted , or asserted by any person arising
out of Verizon s publication or dissemination of the Listing Information as
provided by ECI hereunder.
Liability.
Verizon s liability to ECI in the event of a Verizon error in or omission of a ECI
Customer listing shall not exceed the amount actually paid by ECI to Verizon for
such listing. ECI 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 ECl's Customers in the event of a Verizon error in or
omission of a listing shall be subject to the same limitations of liability applicable
between Verizon and its own Customers as set forth in Verizon s applicable
Tariffs.
Service Information Pages.
Verizon shall include all ECI 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. ECl's NXX codes shall appear in such lists in the same
manner as Verizon s NXX information. In addition, when ECI is authorized to
and is offering, local service to Customers located within the geographic area
covered by a specific directory, at ECl's request, Verizon shall include, at no
charge, in the "Customer Guide" or comparable section of the applicable
alphabetical directories, ECI's critical contact information for ECl's installation
repair and Customer service, as provided by ECI. Such critical contact
information shall appear alphabetically by local exchange carrier and in
accordance with Verizon s generally applicable policies. ECI 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.
ECI acknowledges that if ECI 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 intra LATA switched \Oice 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.
ECI ID Camp v2.
If a ECI 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
network unless a feature blocking such Voice Information Service Traffic has
been installed. For such Voice Information Service Traffic, ECI shall pay to
Verizon without discount any Voice Information Service provider charges billed
by Verizon to ECI. ECI shall pay Verizon such charges in full regardless of
whether or not ECI collects such charges from its Customer.
ECI ID Camp v2.
ECI 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 ECI exercises such option, ECI 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 ECI
to route Voice Information Service Traffic originated on its network to Verizon.
For such Voice Information Service Traffic, unless ECI has entered into a written
agreement with Verizon under which ECI will collect from ECl's Customer and
remit to Verizon the Voice Information Service provider s charges, ECI shall pay
to Verizon without discount any Voice Information Service provider charges billed
by Verizon to ECI. ECI shall pay Verizon such charges in full regardless of
whether or not ECI collects such charges from its own Customer.
Intercept and Referral Announcements
When a Customer changes its service provider from Verizon to ECI, or from ECI
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 ECl'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).
Operations Support Systems (OSS) Services
Definitions.
The terms listed below shall have the meanings stated below:
Verizon Operations Support Svstems: 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
ECI ID Camp v2.
1.4
not limited to: (a) Verizon s provision of ECI Usage Information to ECI
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 ECI.
Verizon OSS Information:Any information accessed by, or disclosed
or provided to , ECI through or as a part of Verizon OSS Services. The
term "Verizon OSS Information" includes, but is not limited to: (a) any
Customer Information related to a Verizon Customer or a ECI
Customer accessed by, or disclosed or provided to , ECI through or as
a part of Verizon OSS Services; and , (b) any ECI Usage Information
(as defined in Section 8.6 of this Attachment) accessed by, or
disclosed or provided to, ECI.
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. 3 153(16))
provided by Verizon.
ECI Usaqe Information: For a Verizon Retail Telecommunications
Service purchased by ECI 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 ECI 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.
Upon request by ECI, Verizon shall provide to ECI 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 ECI.
To the extent required by Applicable Law, in providing Verizon OSS
Services to ECI, Verizon will comply with Verizon s applicable OSS
Change Management Guidelines, as such Guidelines are modified
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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.
ECI Usage Information.
3.4
8.4
Upon request by ECI , Verizon shall provide to ECI ECI Usage
Information. Such ECI Usage Information will be provided in
accordance with , but only to the extent required by, Applicable Law.
ECI Usage Information will be available to ECI through the following:
Daily Usage File on Data Tape.
Daily Usage File through Network Data Mover (NDM).
ECI Usage Information will be provided in an ATIS EM I format.
Daily Usage File Data Tapes provided pursuant to Section 8.3.2.1 of
this Attachment will be issued each Business Day.
Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which
ECI Usage Information will be provided to ECI shall be determined by
Verizon.
8.4.
Access to and Use of Verizon OSS Facilities.
8.4.
8.4.
8.4.4
8.4.
8.4.
Verizon OSS Facilities may be accessed and used by ECI only to the
extent necessary for ECI's access to and use of Verizon OSS Services
pursuant to this Agreement.
Verizon OSS Facilities may be accessed and used by ECI only to
provide Telecommunications Services to ECI Customers.
ECI shall restrict access to and use of Verizon OSS Facilities to ECI.
This Section 8 does not grant to ECI any right or license to grant
sublicenses to other persons, or permission to other persons (except
ECl's employees , agents and contractors, in accordance with Section
8.4.7 of this Attachment), to access or use Verizon OSS Facilities.
ECI shall not (a) alter, modify or damage the Verizon OSS Facilities
(including, but not limited to, Verizon software), (b) copy, remove
derive , reverse engineer, or decompile, software from the Verizon
OSS Facilities, or (c) obtain access through Verizon OSS Facilities to
Verizon databases, facilities, equipment, software , or systems, which
are not offered for ECl's use under this Section 8.
ECI 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
ECI only in connection with ECl's use of Verizon OSS Facilities
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8.4.
permitted by this Section 8; (c) shall be treated by ECI as Confidential
Information of Verizon pursuant to Section 10 of the General Terms
and Conditions; and, (d) shall be destroyed or returned by ECI to
Verizon upon the earlier of request by Verizon or the expiration or
termination of this Agreement.
ECl's employees , agents and contractors may access and use Verizon
OSS Facilities only to the extent necessary for ECI's access to and
use of the Verizon OSS Facilities permitted by this Agreement. Any
access to or use of Verizon OSS Facilities by ECl's employees
agents, or contractors, shall be subject to the provisions of this
Agreement, including, but not limited to, Section 10 of the General
Terms and Conditions and Section 8.2 of this Attachment.
Verizon OSS Information.
Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Verizon grants to ECI 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, ECI 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) ECI Usage Information, (b) CPNI of ECI, and
(c) CPNI of a Verizon Customeror a ECI Customer, to the extent the
Customer has authorized ECI to use the CPNI.
Verizon OSS Information may be accessed and used by
ECI only to provide Telecommunications Services to ECI
Customers.
ECI 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 ECI any right or license to grant
sublicenses to other persons, or permission to other
persons (except ECI's employees, agents or contractors, in
accordance with Section 8.3.4 of this Attachment), to
access, use or disclose Verizon OSS Information.
3.4 ECI's employees, agents and contractors may access, use
and disclose Verizon OSS Information only to the extent
necessary for ECl'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 ECI'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.
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5.4
ECI'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 ECI to provide
Telecommunications Services to ECI 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 ECI shall be
destroyed or returned by ECI 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), ECl'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
ECI to ascertain whether ECI is complying with the
requirements of Applicable Law and this Agreement with
regard to ECI 's access to, and use and disclosure of
Verizon OSS Information.
Without in any way limiting any other rights Verizon may
have under this Agreement or Applicable Law, Verizon shall
have the right (but not the obligation) to monitor ECI '
access to and use of Verizon OSS Information which is
made available by Verizon to ECI pursuant to this
Agreement, to ascertain whether ECI is complying with the
requirements of Applicable Law and this Agreement, with
regard to ECI '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 ECI 's access to and use of Verizon
OSS Information which is made available by Verizon to ECI
through Verizon OSS Facilities.
Information obtained by Verizon pursuant to this Section
5 shall be treated by Verizon as Confidential Information
of ECI 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.
ECI 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.
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Any breach by ECI, or ECl'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 ECI or an employee,
agent or contractor of ECI 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 ECI, 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.
ECI agrees that Verizon would be irreparably injured by a breach of
Sections 8.4 or 8.5 of this Attachment by ECI or the employees
agents or contractors of ECI, 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. S 222, and are not intended to constitute a
waiver by Verizon of any right with regard to protection of the confidentiality of
the information of Verizon or Verizon Customers provided by Applicable Law.
Cooperation.
ECI , at ECl'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, ECI 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 ECI anticipates submitting in each week of the next
Calendar Quarter.
ECI 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.
ECI 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 ECI Customers.
Verizon shall have the right to access, use and disclose information
related to ECI 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 ECI Customer in the
manner required by Applicable Law.
Upon request by Verizon, ECI shall negotiate in good faith and enter
into a contract with Verizon, pursuant to which Verizon may obtain
access to ECl'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 ECI Customers (as authorized by the
applicable ECI 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
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 ECI prior to, or in lieu of, Verizon
provision of the Verizon OSS Service to ECI. 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 ECI.
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 ECI through Verizon Pre-OSS
Services.
Cancellations.
Verizon may cancel orders for service which have had no activity within thirty-one
(31) consecutive calendar days after the original service due date.
Poles, Ducts, Conduits and Rights-of-Way
Verizon shall afford ECI 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.
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10.
ECI shall afford Verizon non-discriminatory access to poles , ducts, conduits and
rights-of-way owned or controlled by ECI. Such access shall be provided
pursuant to ECl's applicable Tariffs , or, in the absence of an applicable ECI
Tariff, ECl'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
ECI for such access shall be no less favorable than the terms, conditions and
prices offered to ECI by Verizon for access to poles, ducts, conduits and rights of
way owned or controlled by Verizon.
10.
Telephone Numbers
10.
10.
10.4
11.
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This Section applies in connection with ECI Customers served by
Telecommunications Services provided by Verizon to ECI for resale or a Local
Switching Network Element provided by Verizon to ECI.
ECl'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 ECI 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 ECI , from ECI to Verizon, or from ECI 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 ECI 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 ECI under this Agreement
is terminated and the telephone numbers associated with such VTS or VLSNE
have not been ported to a ECI switch, the telephone numbers shall be available
for reassignment by Verizon to any person to whom Verizon elects to assign the
telephone numbers, including, but not limited to, Verizon, Verizon Customers,
ECI, or Telecommunications Carriers other than Verizon and ECI.
10.ECI may reserve telephone numbers only to the extent Verizon s Customers may
reserve telephone numbers.
Routing for Operator Services and Directory Assistance Traffic
For a Verizon Telecommunications Service dial tone line purchased by ECI for resale
pursuant to the Resale Attachment, upon request by ECI, Verizon will establish an
arrangement that will permit ECI to route the ECI Customer s calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by ECI. 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 ECI and a mutually
agreed-upon schedule. This routing arrangement will be implemented at ECI's expense
with charges determined on an individual case basis. In addition to charges for initially
establishing the routing arrangement, ECI will be responsible for ongoing monthly and/or
usage charges for the routing arrangement. ECI shall arrange, at its own expense, the
trunking and other facilities required to transport traffic to ECI's selected provider of
operator and directory assistance services.
12.Unauthorized Carrier Change Charges
In the event either Party requests that the other Party install, provide, change , or
terminate a Customer s Telecommunications Service (including, but not limited to, a
Customer s selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision , selection
change or termination in accordance with Applicable Laws, the requesting Party shall be
liable to the other Party for all charges that would be applicable to the Customer for the
initial change in the Customer s Telecommunications Service and any charges for
restoring the Customer s Telecommunications Service to its Customer-authorized
condition (all such charges together, the "Carrier Change Charges ), including to the
appropriate primary Telephone Exchange Service provider. Such Carrier Change
Charges may be assessed on the requesting Party by the other Party at any time after
the Customer is restored to its Customer-authorized condition.
13.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 ECI 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.
ECI ID Camp v2.
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 ECI Wire Center, ECI switch or any portion of a transport facility provided by
Verizon to ECI or another party between (x) a Verizon Wire Center or switch and (y) the
Wire Center or switch of ECI 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 s network" is used in
this Agreement.
Points of Interconnection and Trunk Types
Point(s) of Interconnection.
Each Party, at its own expense , shall provide transport facilities to the
technically feasible Point(s) of Interconnection on Verizon s network in
a LATA selected by ECI.
Trunk Types.
In interconnecting their networks pursuant to this Attachment, the
Parties will use , as appropriate, the following separate and distinct
trunk groups:
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Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffic, translated LEC IntraLATA
toll free service access code (e., 800/888/877) traffic, and
IntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffic, and
Measured Internet Traffic, all in accordance with Sections 5
through 8 of this Attachment;
Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic, including translated
InterLATA toll free service access code (e., 800/888/877)
traffic, between ECI Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Verizon access Tandem in accordance with
Sections 9 through 11 of this Attachment; and
Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
traffic congestion and testing; and, (b) untranslated
IntraLATAllnterLATA toll free service access code (e.
800/888/877) traffic.
ECI ID Camp v2.
2.2.
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) or in
other separate agreements between the Parties (e:g., directory
assistance trunks, operator services trunks, BL V/BL VI 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).
ECI shall establish , at the technically feasible Point(s) of
Interconnection on Verizon s network in a LATA, separate
Interconnection Trunk group(s) between such POI(s) and each
Verizon Tandem in a LATA with a subtending End Office(s) to which
ECI 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 (a) the Centium Call Seconds (Hundred Call Seconds)
busy hour equivalent of one (1) DS1 at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centium Call
Seconds (BHCCS) of use for a single month: (i) 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
(ii) if Two-Way Interconnection Trunks are used, ECI 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 , ECI shall promptly submit an ASR to Verizon to establish new
or additional End Office Trunks to insure that the volume of traffic
between the technically feasible Point of Interconnection on Verizon
network and the Verizon Tandem does not exceed the capacity of the
240 trunks.
One-Way Interconnection Trunks.
Where the Parties use One-Way Interconnection Trunks for the
delivery of traffic from ECI to Verizon , ECI, at ECl'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
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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) ifVerizon 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 ECI to Verizon with a utilization level of less
than sixty percent (60%) for final trunk groups and eighty-five percent
(85%) for high usage trunk groups, unless the Parties agree otherwise
ECI will promptly submit ASRs to disconnect a sufficient number of
Interconnection Trunks to attain a utilization level of approximately
sixty percent (60%) for all final trunk groups and eighty-five (85%) for
all high usage trunk groups. In the event ECI fails to submit an ASR to
disconnect One-Way Interconnection Trunks as required by this
Section , Verizon may disconnect the excess Interconnection Trunks or
bill (and ECI 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 ECI , 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.
Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffic between Verizon and ECI, ECI, 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 ECI, 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, ECI 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 Seconds (Hundred Call
Seconds) 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
2.4.4
2.4.
2.4.
2.4.
2.4.
2.4.
2.4.
2.4.11
ECI ID Camp v2,
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
On a semi-annual basis, ECI shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
Interconnection Trunks that ECI anticipates Verizon will need to
provide during the ensuing two (2) year period for the exchange of
traffic between ECI and Verizon. ECl's trunk forecasts shall conform
to the Verizon CLEC trunk forecasting guidelines as in effect at that
time.
The Parties shall meet (telephonically or in person) from time to time,
as needed, to review data on End Office and Tandem Two-Way
Interconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
Interconnection Trunks.
Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilize B8ZS and Extended Super
Frame (ESF) DS1 facilities, where available.
With respect to End Office Two-Way Interconnection Trunks, both
Parties shall use an economic Centium Call Seconds (Hundred Call
Seconds) equal to five (5). Either Party may disconnect End Office
Two-Way Interconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffic volume experienced.
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 ECI shall engineer Two-Way Interconnection Trunks
using Telcordia Notes on the Networks SR 2275 (formerly known as
BOG 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.
ECI 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. ECI 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. ECI 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
Intercon nection Trunk groups using service results for the applicable
design blocking objective. If Verizon observes blocking in excess of
2.4.
2.4.
2.4.
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and ECI has not notified Verizon that it
has corrected such blocking, Verizon may submit to ECI a Trunk
Group Service Request directing ECI to remedy the blocking. Upon
receipt of a Trunk Group Service Request, ECI 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-
Way Interconnection Trunk group with excessive blocking and submit
the ASR to Verizon within five (5) Business Days.
The Parties will review all Tandem Two-Way Interconnection Trunk
groups that reach a utilization level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
ECI will promptly augment all Tandem Two-Way Interconnection Trunk
groups that reach a utilization level of eighty- percent (80%) by
submitting ASRs for additional trunks sufficient to attain a utilization
level of approximately seventy percent (70%), unless the Parties agree
that additional trunking is not required. For each Tandem Two-Way
Interconnection Trunk group with a utilization level of less than sixty
percent (60%), unless the Parties agree otherwise, ECI 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 ECI
fails to submit an ASR for Two-Way Interconnection Trunks in
conformance with this Section, Verizon may disconnect the excess
Interconnection Trunks or bill (and ECI shall pay) 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
ECI'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.
ECI will route its traffic to Verizon over the End Office and Tandem
Two-Way Interconnection Trunks in accordance with SR-TAP-000191
including but not limited to those standards requiring that a call from
ECI to a Verizon End Office will first be routed to the End Office
Interconnection Trunk group between ECI and the Verizon End Office.
Alternative Interconnection Arrangements
Fiber Meet Arrangement Provisions.
ECI ID Camp v2,
Either Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party; provided , however, that a
Party may not make such a request if the Parties have not consistently
been exchanging an amount of applicable traffic (as set forth in
Section 3.3 below) equal to at least one (1) DS-3. Any such Fiber
Meet arrangement shall be subject to the terms of this Agreement. In
addition, the establishment of any Fiber Meet arrangement is
expressly conditioned upon the Parties' mutually agreeing to the
technical specifications and requirements for such Fiber Meet
1.4
arrangement including, but not limited to, the location of the Fiber Meet
points, routing, equipment (e., specifications of AddlDrop
Multiplexers, number of strands of fiber, etc.), software, ordering,
provisioning, maintenance, repair, testing, augment and on any other
technical specifications or requirements necessary to implement the
Fiber Meet arrangement. For each Fiber Meet arrangement the
Parties agree to implement, the Parties will complete and sign a
Technical Specifications and Requirements document, the form of
which is attached hereto as Exhibit A to Section 2.4.14 of the
Interconnection Attachment Fiber Meet Arrangement Provisions. Each
such document will be treated as confidential information.
The Parties agree to consider the possibility of using existing fiber
cable with spare capacity, where available, to implement any such
request for a Fiber Meet arrangement. If existing fiber cable with
spare capacity is not available , the Parties agree to minimize the
construction and deployment of fiber cable necessary for any Fiber
Meet arrangement to which they agree. Except as otherwise agreed
by the Parties, any and all Fiber Meet points established between the
Parties shall extend no further than three (3) miles from an applicable
Verizon Wire Center and Verizon shall not be required to construct or
deploy more than five hundred (500) feet of fiber cable for a Fiber
Meet arrangement.
Except as otherwise agreed by the Parties, any Fiber Meet
arrangements established under this Agreement shall be used only for
the transmission and routing of Reciprocal Compensation Traffic
translated LEC IntraLATA toll free service access code (e.
800/888/877) traffic, and IntraLA T A toll traffic, between their respective
Telephone Exchange Service Customers, Tandem Transit Traffic, and
Measured Internet Traffic, all in accordance with this Agreement.
Operator services/directory assistance traffic, 911 traffic, and
Exchange Access traffic , including translated InterLA T A toll free
service access code (e.800/888/877) traffic, between ECI
Telephone Exchange Service Customers and purchasers of Switched
Exchange Access Service via a Verizon access Tandem, may be
exchanged over Fiber Meet arrangements subject to applicable
Verizon Tariff rates and charges. Except as otherwise agreed by the
Parties, point -to-point (I. e.unswitched) access services and
unbundled network elements shall not be provisioned on or accessed
through Fiber Meet arrangements. Notwithstanding any other
provision of this Agreement or otherwise, other than the obligation to
pay any applicable intercarrier compensation charges pursuant to the
terms of this Agreement, neither Party shall have any obligation to pay
the other Party any charges in connection with any Fiber Meet
arrangements established under this Agreement.
ECI will include traffic to be exchanged over Fiber Meet arrangements
in its forecasts provided to Verizon under this Agreement.
Initiating Interconnection
ECI ID Camp v2.
If ECI 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, ECI 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) ECl's intended Interconnection activation
date; (d) a forecast of ECl's trunking requirements conforming to Section 14.2 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 ofVerizon s receipt of ECI's notice
provided for in Section 4.1 of this Attachment, Verizon and ECI 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
ECIID Camp v2.
Scope of Traffic.
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sections 2 through 4 of this Attachment.
5.2.
Trunk Group Connections and Ordering.
5.2.
2.4
For both One-Way and Two-Way Interconnection Trunks, if ECI
wishes to use a technically feasible interface other than a DS 1 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 ECI 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., 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.
When SS7 signaling is not used, unless mutually agreed to by both
Parties, each Party will outpulse ten (10) digits to the other Party.
Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
Switching System Hierarchy and Trunking Requirements.
For purposes of routing ECI traffic to Verizon, the subtending arrangements
between Verizon Tandems and Verizon End Offices shall be the same as the
Tandem/End Office subtending arrangements Verizon maintains for the routing
of its own or other carriers' traffic (i.e., 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 ECI , the subtending
arrangements between ECI Tandems and ECI End Offices shall be the same as
the Tandem/End Office subtending arrangements that ECI 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 of this Agreement and any
applicable 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.
ECI ID Camp v2.
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
ECI ID Camp v2.
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffic that is passed without CPN, unless
the Parties agree that other rates should apply to such traffic.
At such time as a receiving Party has the capability, on an automated basis, to
use such CPN to classify traffic delivered over Interconnection Trunks by the
other Party by Traffic Rate type (e., Reciprocal Compensation Traffic/Measured
Internet Traffic, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate Tandem Transit
Traffic), such receiving Party shall bill the originating Party the Traffic Rate
applicable to each relevant minute of traffic for which CPN is passed. If the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic delivered by the other Party
by Traffic Rate type, the originating Party will supply Traffic Factor 1 and Traffic
Factor 2. The Traffic Factors shall be supplied in writing by the originating Party
within thirty (30) days of the Effective Date and shall be updated in writing by the
originating Party quarterly. Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC Internet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC Internet
Order that traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to
originating traffic is Measured Internet Traffic, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
Each Party reserves the right to audit all Traffic, up to a maximum of two audits
per Calendar Year, to ensure that rates are being applied appropriately;
provided, however, that either Party shall have the right to conduct additional
audit(s) if the preceding audit disclosed material errors or discrepancies. Each
Party agrees to provide the necessary Traffic data in conjunction with any such
audit in a timely manner.
6.4 Nothing in this Agreement shall be construed to limit either Party s ability to
designate the areas within which that Party s Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
If and, to the extent that, a ECI Customer receives V/FX Traffic, ECI 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 ECI Customers.
Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act
Reciprocal Compensation.
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 ECI
shall pay Verizon) the End Office Reciprocal Compensation rate set forth in the
Pricing Attachment for Reciprocal Compensation Traffic ECI 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 (ECI shall pay Verizon) the
Tandem Reciprocal Compensation rate set forth in the Pricing Attachment for
Reciprocal Compensation Traffic ECI delivers to Verizon; it also being
understood and agreed that ECI shall charge (and Verizon shall pay ECI) the
End Office Reciprocal Compensation rate set forth in the Pricing Attachment for
Reciprocal Compensation Traffic Verizon delivers to ECI. These rates are to be
applied at the technically feasible Point(s) of Interconnection on Verizon
network in a LATA at which the Parties interconnect, whether such traffic is
delivered by Verizon for termination by ECI, or delivered by ECI 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, ECI shall also pay Verizon , at the rates
set forth in the Pricing Attachment, for any multiplexing, cross connects or other
collocation related Services that ECI obtains from Verizon. When Toll Traffic is
delivered over the same Interconnection Trunks as Reciprocal Compensation
Traffic, any port, transport or other applicable access charges related to the
delivery of Toll Traffic from the technically feasible Point of Interconnection on
Verizon s network in a LATA to the terminating Party s Customer shall be
prorated so as to apply only to the Toll Traffic. The designation of traffic as
Reciprocal Compensation Traffic for purposes of Reciprocal Compensation shall
be based on the actual originating and terminating points of the complete end-to-
end communication.
Traffic Not Subject to Reciprocal Compensation.
2.4
7.2.
ECI ID Camp v2.
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 (10XXX/101XXXX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Calling Scope Arrangement Traffic.
Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
Reciprocal Compensation shall not apply to Tandem Transit Traffic.
Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(b)(5) of the Act.
ECI ID Camp v2.
Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (Le., V/FX Traffic). As used in this Agreement
, "
Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a ECI
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, ECI shall pay Verizon s originating access charges for all V/FX
Traffic originated by a Verizon Customer, and ECI shall pay Verizon
terminating access charges for all V/FX Traffic originated by a ECI
Customer.
The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by ECI 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 ECI.
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 ECI to
Verizon, ECI 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 ECI.
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 hereunderfor 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
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 ECI Telephone Exchange Service
Customers and Interexchange Carriers ("Access Toll Connecting Trunks ), in any
10.
case where ECI elects to have its End Office Switch subtend a Verizon Tandem.
This includes casually-dialed (101 OXXX and 101 XXXX) traffic.
Access Toll Connecting Trunk Group Architecture.
If ECI chooses to subtend a Verizon access Tandem, ECl's NPA/NXX
must be assigned by ECI to subtend the same Verizon access
Tandem that a Verizon NPA/NXX serving the same Rate Center Area
subtends as identified in the LERG.
ECI 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
ECl's Customers.
The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office ECI 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 ECl'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 Arrange ments
10.
10.
ECI 10 Camp v2.
ECI and Verizon will establish Meet-Point Billing (MPB) arrangements in order to
provide a common transport option to Switched Exchange Access Services
customers via a Verizon access Tandem Switch in accordance with the Meet
Point Billing guidelines contained in the OBF's MECAB and MECOD documents,
except as modified herein, and in Verizon s applicable Tariffs. The arrangements
described in this Section 10 are intended to be used to provide Switched
Exchange Access Service where the transport component of the Switched
Exchange Access Service is routed through an access Tandem Switch that is
provided by Verizon.
In each LATA, the Parties shall establish MPB arrangements for the applicable
ECI Routing PoinUVerizon Serving Wire Center combinations.
Interconnection for the MPB arrangement shall occur at each of the Verizon
access Tandems in the LATA, unless otherwise agreed to by the Parties.
10.4 ECI 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.
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
10.
10.7
10.
10.
ECIID Camp v2.
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 ECI Routing PointiVerizon Serving Wire Center combination
the MPB billing percentages for transport between the ECI Routing Point and the
Verizon Serving Wire Center shall be calculated in accordance with the formula
set forth in Section 10.17 of this Attachment.
Each Party shall provide the other Party with the billing name, billing address
and Carrier Identification Code (CIC) of the IXC, and identification of the Verizon
Wire Center serving the IXC in order to comply with the MPB notification process
as outlined in the MECAB document.
Verizon shall provide ECI with the Terminating Switched Access Detail Usage
Data (EMI category 11 01XX 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.
ECI 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 ECI:
Bryan Cornett
5275 Triangle Parkway
Suite 150
Norcross, Georgia 30092
For Verizon (Former GTE service area):
Verizon Data Services
ATTN: MPB
1 East Telecom Parkway
Dock D
Temple Terrace FL 33637
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.ECI 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
10.
10.
10.
10.
10.
10.
ECI ID Camp v2.
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 notification of any errors it
discovers in MPB data within thirty (30) calendar days of the receipt of the
original data. The other Party shall attempt to correct the error and resubmit the
data within ten (10) Business Days of the notification. In the event the errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data will be considered lost. In the event of a loss of data , whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
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 ECI determines to offer Telephone Exchange Services in a LATA in
which Verizon operates an access Tandem Switch, Verizon shall permit and
enable ECI to subtend the Verizon access Tandem Switch(es) designated for the
Verizon End Offices in the area where there are located ECI 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)ECI Billing Percentage
and
b / (a + b)Verizon Billing Percentage
where:
:=
the airline mileage between ECI Routing Point and the actual
point of interconnection for the MPB arrangement; and
the airline mileage between the Verizon Serving Wire Center and
the actual point of interconnection for the MPB arrangement.
10.ECI 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 ECl's delivery of
notice to Verizon , Verizon and ECI shall confirm the Routing PointiVerizon
Serving Wire Center combination and billing percentages.
11.Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Party delivers toll free service access code
(e., 800/877/888)("8YY") calls to the other Party. For the purposes of this Section 11
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YV database. Except as otherwise agreed to by the Parties, all ECI originating
untranslated" 8YY traffic will be routed over a separate One-Way Miscellaneous Trunk
group.
11.
11.an IXC:
When ECI delivers translated 8YY calls to Verizon to be completed by
11.
11 .
11.
11.Verizon:
11.
11.
11.
ECI will provide an appropriate EMI record to Verizon;
ECI will bill the IXC the ECl's applicable Switched
Exchange Access Tariff charges and the ECI's applicable
Tariff query charges; and.
Verizon will bill the IXC Verizon s applicable Switched
Exchange Access Tariff charges.
ECI will provide an appropriate EMI record to Verizon; and
ECI will bill Verizon the ECI's Switched Exchange Access
Tariff charges and the ECl's applicable Tariff query charge.
11.
a toll free service access code service provider in that LATA:
11.
11.
11.2
ECI will provide an appropriate EMI record to Verizon and
the toll free service access code service provider;
ECI will bill the toll free service access code service
provider the ECI's applicable Switched Exchange Access
Tariff charges and the ECI's applicable Tariff query charges;
and
Verizon will bill the toll free service access code service
provider Verizon s applicable Switched Exchange Access
Tariff charges.
When Verizon performs the query and delivers translated 8YV calls, originated
by Verizon s Customer or another LEC's Customer to ECI to be completed by
11.ECI:
11.
ECI ID Camp v2,
Verizon will provide an appropriate EM I record to ECI; and
11.
ECI ID Camp v2.
11.
11.Verizon will bill ECI Verizon s applicable Switched
Exchange Access Tariff charges and Verizon s applicable
Tariff query charges.
11.
a toll free service access code service provider in that LATA:
11.2.2
11.
Verizon will provide an appropriate EMI record to ECI and
the toll free service access code service provider;
Verizon will bill the toll free service access code service
provider Verizon s applicable Switched Exchange Access
Tariff charges and Verizon s applicable Tariff query
charges; and
ECI will bill the toll free service access code service
provider the ECI's applicable Switched Exchange Access
Tariff charges.
11.
When ECI: delivers untranslated 8YY calls to Verizon to be completed by
11.
11.
an IXC:
11.
11.1.2
11.
11.1.4
Verizon:
11.
11.
11.3.2.
Verizon will query the call and route the call to the
appropriate IXC;
Verizon will provide an appropriate EMI record to ECI;
Verizon will bill the IXC Verizon s applicable Switched
Exchange Access Tariff charges and Verizon s applicable
Tariff query charges; and
ECI will bill the IXC ECI's applicable Switched Exchange
Access Tariff charges.
Verizon will query the call and complete the call;
Verizon will provide an appropriate EMI record to ECI;
ECI will bill Verizon the ECl's applicable Switched
Exchange Access Tariff charges.
11.
a toll free service access code service provider in that LATA:
11.
11.
11.3.4
Verizon will query the call and route the call to the
appropriate toll fee service access code service provider;
Verizon will provide an appropriate EMI record to ECI and
the toll free service access code service provider;
Verizon will bill the toll free service access code service
provider Verizon s applicable Switched Exchange Access
Tariff and Verizon s applicable Tariff query charges; and
ECI will bill the toll free service access code service
provider the ECl's applicable Switched Exchange Access
Tariff charges.
12.
11.4
12.
Tandem Transit Traffic
Verizon will not direct untranslated toll free service access code call to ECI.
12.2
12.
12.4
12.5
ECI ID Camp v2,
As used in this Section , Tandem Transit Traffic is Telephone Exchange Service
traffic that originates on ECl's network, and is transported through Verizon
Tandem to the subtending End Office or its equivalent of another carrier (CLEC
ILEC other than Verizon , Commercial Mobile Radio Service (CMRS) carrier, or
other LEC ("Other Carrier"). Neither the originating nor terminating customer is a
Customer of Verizon. Subtending End 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 ECI 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. ECI shall deliver each Tandem
Transit Traffic call to Verizon s Tandem with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of CLASS Features and billing functions.
ECI may use Tandem Transit Traffic Service only for traffic that originates on
ECl's network and only to send traffic to an Other Carrier with whom ECI has a
reciprocal traffic exchange arrangement (either via written agreement or mutual
tariffs) that provides for the Other Carrier, to terminate or complete traffic
originated by ECI and to bill ECI, and not to bill Verizon, for such traffic. ECI
agrees not to use Verizon s Tandem Transit Traffic Service to send traffic to an
Other Carrier with whom ECI does not have such a reciprocal traffic exchange
arrangement or to send traffic that does not originate on ECI's network.
ECI shall pay Verizon for Tandem Transit Traffic Service at the rates specified in
the Pricing Attachment. Verizon will not be liable for compensation to any Other
Carrier for any traffic that is transported through Verizon s Tandem and Verizon
reserves the right to assess to ECI any additional charges or costs any Other
Carrier imposes or levies on Verizon for the delivery or termination of such traffic
including any Switched Exchange Access Service charges. If Verizon is billed by
any Other Carrier for any traffic originated by ECI, Verizon may provide notice to
ECI of such billing. Upon receipt of such notice, ECI shall immediately stop using
Verizon s Tandem Transit Traffic Service to send any traffic to such Other Carrier
until it has provided to Verizon certification that the Other Carrier has removed
such billed charges from its bill to Verizon and that the Other Carrier will not bill
Verizon for any traffic originated by ECI. Such certification must be signed by an
authorized officer or agent of the Other Carrier and must be in a form acceptable
to Verizon.
12.If ECI uses Tandem Transit Traffic Service for traffic volumes that exceed the
CCS busy hour equivalent of 200,000 combined minutes of use per month (a
DS1 equivalent) to the subtending End Office of a particular Other Carrier for any
month (the 'Threshold Level"), ECI shall use good faith efforts to establish direct
interconnection with such Other Carrier and reduce such traffic volumes below
the Threshold Level. If Verizon believes that ECI has not exercised good faith
efforts promptly to obtain such direct interconnection , either Party may use the
Dispute Resolution processes of this Agreement.
12.If ECI fails to comply with Section 12 of this Attachment, such failure shall be a
material breach of a material provision of this Agreement and Verizon may
13.
12.
12.
exercise any and all remedies under this Agreement and Applicable Law for such
breach.
If or when a third party carrier plans to subtend a ECI switch , then ECI shall
provide written notice to Verizon at least ninety (90) days before such subtending
arrangement becomes effective so that Verizon may negotiate and establish
direct interconnection with such third party carrier. Upon written request from
Verizon , ECI shall offer to Verizon a service arrangement equivalent to or the
same as Tandem Transit Traffic Service provided by Verizon to ECI as defined in
this Section such that Verizon may terminate calls to a Central Office or its
equivalent of a CLEC, ILEC other than Verizon, CMRS carrier, or other LEC, that
subtends a ECI Central Office or its equivalent ("Reciprocal Tandem Transit
Service ). ECI shall offer such Reciprocal Transit Service arrangements under
terms and conditions of an amendment to this Agreement or a sepa rate
agreement no less favorable than those provided in this Section.
Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal traffic exchange arrangement with any carrier to which it
originates, or from which it terminates, traffic.
13.
Number Resources, Rate Center Areas and Routing Points
13.
13.
ECIID Camp v2.
Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party s right to employ or to request and be assigned
any Central Office Codes ("NXX") pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish , by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Party s assigned
NXX codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.4
Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, ECI shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Verizon within the LATA and Tandem serving area. ECI 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.
ECI will also designate a Routing Point for each assigned NXX code. ECI shall
designate one location for each Rate Center Area in which the ECI 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 ECI will be routed in the
same manner as calls to ECl's initial NXXs.
13.Notwithstanding anything to the contrary contained herein , nothing in this
Agreement is intended, and nothing in this Agreement shall be construed, to in
any way constrain ECl's choices regarding the size of the local calling area(s)
that ECI may establish for its Customers, which local calling areas may be larger
than , smaller than, or identical to Verizon s local calling areas.
14.
14.
Joint Network Implementation and Grooming Process; Forecasting
Joint Network Implementation and Grooming Process.
Upon request of either Party, the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process" or "Joint Process ) which
may define and detail, inter alia:
14.
14.
14.
14.1.4
14.
14.
standards to ensure that Interconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
on interoffice trunks within Verizon s network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availability standards. Except as otherwise stated in this Agreement
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of 8.01.
the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups , including, but
not limited to, standards and procedures for notification and
discove ries 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.
Trunk Forecasting Requirements.
14.
ECI ID Camp v2,
Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA , ECI shall provide Verizon a two
(2)-year traffic forecast that complies with the Verizon Interconnection
Trunking Forecast Guide , as revised from time to time. This initial
traffic forecast will provide the amount of traffic to be delivered to and
from Verizon over each of the Interconnection Trunk groups in the
LATA over the next eight (8) quarters.
Onqoinq Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, ECI shall provide a
new or revised traffic forecast that complies with the Verizon
Interconnection Trunking Forecast Guide when ECI develops plans or
becomes aware of information that will materially affect the Parties
interconnection in that LATA. Instances that require a new or revised
forecast include, but are not limited to: (a) ECI plans to deploy a new
switch; (b) ECI plans to implement a new POI or network architecture;
(c) ECI plans to rearrange its network; (d) ECI plans to convert a One-
Way Interconnection Trunk group to a Two-Way Interconnection Trunk
group; (e) ECI plans to convert a Two-Way Interconnection Trunk
group to a One-Way Interconnection Trunk group; or (f) ECI expects a
significant change in interconnection traffic volume. In addition, upon
request by either Party, the Parties shall meet to: (i) review traffic and
usage data on End Office and Tandem Interconnection Trunk groups
and (ii) determine whether the Parties should establish new
14.
15.
Interconnection Trunk groups, augment existing Interconnection Trunk
groups, or disconnect existing Interconnection Trunks.
Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on ECI or Verizon.
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 ("Local Number Portability
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
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
ECIID Camp v2.
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
ECI ID Camp v2,
15.The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM), according to
industry standards.
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
gh.en switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
15.2.
15.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
services; NXX codes assigned for internal testing and official use, and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass
calling on a choked network may not be ported using LNP technology
but are portable using methods established by the NANC and adopted
by the FCC. On a prospective basis, newly assigned codes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.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 LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that Verizon
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC Regulations.
15.4.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 67.
15.4.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 15.4.
15.ECI shall submit orders to port numbers electronically using an LSR via the
Verizon web Graphical User Interface ("GUI") or Electronic Data Interface ("EDI"
pursuant to the instructions, business rules and guidelines set forth on the
Verizon wholesale website.
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 ECI 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.
ECIID Camp v2.
General
TRAFFIC EXCHANGE ATTACHMENT
Where both Parties subtend the same Tandem Switch operated by a third party (such
third party hereinafter referred to as the "Third Party Tandem Provider" and such switch
hereinafter referred to as the "Third Party Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPAlNXX codes assigned by each Party to
Rate Center Areas served by that Third Party Tandem Switch , the Parties may
reciprocally exchange Reciprocal Compensation Traffic, Measured Internet Traffic
intraLATA Toll Traffic, and translated IntraLATA toll free service access code traffic
originated by their respective Customers, through that Third Party Tandem Switch. For
the avoidance of any doubt, nothing in this Attachment shall preclude the Parties from
interconnecting their networks in accordance with the Interconnection Attachment, which
Interconnection Attachment must be a part of the Agreement.
Arrangements With Third Party Tandem Provider
The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffic, Measured Internet Traffic, IntraLATA Toll Traffic, and
translated IntraLATA toll free service access code traffic under this Attachment
each Party must have established and must maintain its own interconnection and
compensation arrangements with the Third Party Tandem Provider for the routing
and exchange of the foregoing traffic between the Parties under this Attachment
(e., arrangements that permit the subject traffic to be exchanged through the
Third Party Tandem Provider). In addition, the Parties must also fulfill each of
the other requirements of this Attachment.
If such arrangements between a Party and the Third Party Tandem
Provider are terminated (e., where a Third Party Tandem Provider
does not permit a Party to exchange the foregoing traffic using the
Third Party Tandem Switch), that Party shall promptly give written
notice thereof to the other Party. Absent the existence of such
arrangements with the Third Party Tandem Provider, each Party shall
have the right, on written notice to the other Party, to discontinue
exchanging the foregoing traffic with the other Party (i.e., receiving
such traffic from or, sending such traffic to, the other Party) under this
Attachment.
Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Party may discontinue
exchanging the foregoing traffic with the other Party under this
Attachment.
Forecasting Requirements
ECIID Camp v2.
Within ninety (90) days of executing the Agreement, ECI shall provide
Verizon a two (2)-year traffic forecast. This initial forecast will provide
the amount of traffic to be delivered to and from Verizon pursuant to
this Attachment, over the next eight (8) quarters.
Ongoing forecast requirements. Where the Parties are already
exchanging traffic through a Third Party Tandem Switch in a LATA
ECI shall provide a new or revised traffic forecast when ECI develops
plans or becomes aware of information that will materially affect the
ECIID Camp v2.
Parties' exchange of traffic through such Third Party Tandem Switch in
that LATA. Instances that require a new or revised forecast include
but are not limited to: (i) ECI plans to deploy a new switch; (ii) ECI
plans to implement interconnection in accordance with the
Interconnection Attachment or a new network architecture; (iii) ECI
plans to rearrange its network; or (iv) ECI expects a significant change
in traffic volume.
Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on ECI or Verizon.
Prior to exchanging traffic through a Third Party Tandem Switch, ECI shall meet
with Verizon to conduct a joint planning meeting ("Third Party Tandem Provider
Joint Planning Meeting ). At that Third Party Tandem Provider Joint Planning
Meeting, each Party shall , among other things, provide to the other Party
originating Centium Call Second (Hundred Call Second) information.
2.4 If and, when, the volume of traffic exchanged between a Verizon End Office and
ECI switch through a Third Party Tandem Switch exceeds (a) the Centium Call
Second (Hundred Call Second) busy hour equivalent of one (1) DS-1 at any time;
(b) 200,000 combined minutes of use for any month; (c) 600 busy hour Centium
Call Seconds (BHCCS) of use for a single month , upon the written request of
either Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the Interconnection
Attachment. In the event the Parties so interconnect their respective networks
the Parties shall discontinue exchanging any and all traffic through the Third
Party Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffic but, on an overflow basis, through the Third Party Tandem Switch.
Nothing in this Attachment shall be read to require either Party to establish
and/or maintain a subtending arrangement with a Third Party Tandem Provider.
Initiating Traffic Exchange Under This Attachment
If ECI determines to offer Telephone Exchange Services and wishes to exchange
traffic with Verizon through a Third Party Tandem Switch in any LATA in which
Verizon also offers Telephone Exchange Services, ECI shall provide written
notice to Verizon of its request to exchange traffic through a Third Party Tandem
Switch in such LATA pursuant to this Attachment.
The notice provided in Section 3.1 of this Attachment shall include (a) ECl's
proposed traffic exchange activation date; (b) a forecast of ECI's traffic volumes
conforming to Section 2 of this Attachment; and (c) such other information as
Verizon shall reasonably request in order to facilitate traffic exchange under this
Attachment.
The traffic exchange activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary information as indicated in
Section 3.2 of this Attachment.
Traffic Measurement and Billing
The Parties agree that they will make commercially reasonable efforts to obtain
and utilize accurate and complete recordings, of any traffic exchanged between
them under this Attachment, for use in billing.
ECI ID Camp v2.
At such time as a receiving Party has the capability, on an automated basis, to
use CPN to classify traffic from the other Party, exchanged under this
Attachment, by traffic type (i.e., Reciprocal Compensation Traffic, Measured
Internet Traffic, intraLATA Toll Traffic, and IntraLATA toll free service access
code traffic), such receiving Party shall bill the originating Party the rate
applicable to each relevant minute of traffic for which CPN is received. If the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic received from the other Party
by traffic type, the originating Party will supply Traffic Factor 1 and Traffic Factor
2. In any case, 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 a Party s equipment is used for a completed call , measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC Internet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC Internet
Order that traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to
originating traffic is Measured Internet Traffic, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
Each Party reserves the right to audit all traffic exchanged under this Attachment
up to a maximum of two audits per calendar year, to ensure that rates are being
applied appropriately; provided , however, that either Party shall have the right to
conduct additional audit(s) if the preceding audit disclosed material errors or
discrepancies. Each Party agrees to provide the necessary traffic data in
conjunction with any such audit in a timely manner.
4.4 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 ECI Customer receives V/FX Traffic exchanged under
this Attachment, ECI 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
Customers to such ECI Customers.
Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act
Reciprocal Compensation.
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
because the Third Party Tandem Provider is providing the tandem functionally to
both Parties, Verizon shall charge (and ECI shall pay Verizon) the End Office
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffic Verizon receives from ECI and ECI shall charge (and
Verizon shall pay ECI) the End Office Reciprocal Compensation rate set forth in
the Pricing Attachment for Reciprocal Compensation Traffic ECI receives from
Verizon. No additional charges shall be assessed by the terminating Party for
the transport and termination of such traffic received from the other Party;
provided, however, for the avoidance of any doubt, neither Party may assess
upon , or pass through to, the other Party any charges billed by (or on behalf of)
the Third Party Tandem Provider. The designation of traffic as Reciprocal
Compensation Traffic for purposes of Reciprocal Compensation shall be based
on the actual originating and terminating points of the complete end-to-end
communication.
Traffic Not Subject to Reciprocal Compensation.
2.4
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 0XXX/1 01XXXX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Calling Area Traffic.
Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
Reciprocal Compensation shall not apply to Tandem Transit Traffic.
Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251 (b)(5) of the Act.
Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (i., V/FX Traffic). As used in this Agreement
, "
Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a ECI
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, ECI shall pay Verizon s originating access charges for all V/FX
Traffic originated by a Verizon Customer, and ECI shall pay Verizon
terminating access charges for all V/FX Traffic originated by a ECI
Customer.
The Reciprocal Compensation rates (including, but not limited to , the Reciprocal
Compensation per minute of use charges) billed by ECI 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 ECI.
Other Types of Traffic
ECI ID Camp v2.
ECI ID Camp v2.
Notwithstanding any other provision of this Agreement or otherwise: (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 6.1 of this Attachment, IntraLA TAT 011 Traffic exchanged
under this Attachment 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 ECI to
Verizon, ECI 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 ECI.
6.4 Notwithstanding any provision of this Agreement or otherwise, no Interexchange
Carrier (IXC) traffic may be exchanged under this Attachment.
Any traffic not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Party delivers IntraLATA toll free service
access code (e., 800/877/S8S) ("SYY") calls to the other Party under this Attachment.
For the purposes of this Section 7, the terms "translated" refer to those toll free service
access code calls that have been queried ("translated") to an SYY database.
When ECI delivers translated IntraLATA 8YY calls to Verizon for completion:
by Verizon:
ECI v.ill provide an appropriate EMI record to Verizon; and
ECI will bill Verizon the EC"s Switched Exchange Access
Tariff charges and the ECI's applicable Tariff query charge.
by a toll free service access code service provider in that LATA:
ECI will provide an appropriate EMI record to Verizon and
the toll free service access code service provider; and
ECI will bill the toll free service access code service
provider the ECI's applicable Switched Exchange Access
Tariff charges and the ECI's applicable Tariff query charges;
and
Verizon will bill the toll free service access code service
provider Verizon s applicable Switched Exchange Access
Tariff charges.
When Verizon performs the query and delivers translated IntraLATA 8YY calls
originated by Verizon s or another LEC's Customer for completion:
ECI ID Camp v2.
by ECI:
Verizon will provide an appropriate EMI record to ECI; and
Verizon will bill ECI Verizon s applicable Switched
Exchange Access Tariff charges and Verizon s applicable
Tariff query charges.
by a toll free service access code service provider in that LATA:
Verizon will provide an appropriate EMI record to ECI and
the toll free service access code service provider; and
Verizon will bill the toll free service access code service
provider Verizon s applicable Switched Exchange Access
Tariff charges and Verizon s applicable Tariff query
charges; and
ECI will bill the toll free service access code service
provider the ECl's applicable Switched Exchange Access
Tariff charges.
Verizon will not direct untranslated toll free service access code calls to ECI. ECI
will not direct untranslated toll free service access code calls to Verizon.
Number Resources, Rate Center Areas and Routing Points
Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party s right to employ or to request and be assigned
any Central Office Codes ("NXX") pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided in 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.
Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, ECI shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Verizon within the LATA and Tandem serving area. ECI 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.
8.4 ECI will also designate a Routing Point for each assigned NXX code. ECI shall
designate one location for each Rate Center Area in which the ECI 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 ECI will be routed in the
same manner as calls to ECl'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 ECl's choices regarding the size of the local calling area(s)
that ECI may establish for its Customers, which local calling areas may be larger
than, smaller than , or identical to Verizon s local calling areas.
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.
Procedures for Providing LNP ("Local Number Portability
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
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.
9.2.
2.4
ECI ID Camp v2.
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.
The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM).
ECI ID Camp v2.
9.2.Where LNP is commercially available, the NXXs in the office shall be
defined as portable, except as noted in Section 9., and translations
will be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offices within the LATA
of the given switch( es). On a prospective basis, all newly deployed
switches will be equipPE)d with LNP capability and so noted in the
LERG.
All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and official use and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass calling
on a choked network may not be ported using LNP technology but are
portable using methods established by the NANC and adopted by the
FCC. On a prospective basis, newly assigned codes in switches
capable of porting shall become commercially available for porting with
the effective date in the network.
Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
Procedures for Providing NP 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.
9.4 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.
9.4.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- 74, Paragraphs 65
through 67.
9.4.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 9.4.
ECI shall submit orders to port numbers electronically using an LSR via the
Verizon web Graphical User Interface ("GUI") or Electronic Data Interface ("EDI"
pursuant to the instructions, business rules and guidelines set forth on the
Verizon wholesale website.
10.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 ECI 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.
ECIID Camp v2.
General
RESALE ATTACHMENT
Verizon shall provide to ECI, in accordance with this Agreement (including, but not limited
, Verizon s applicable Tariffs) and the requirements of Applicable Law, Verizon
Telecommunications Services for resale by ECI; provided, that notwithstanding any other
provision of this Agreement, Verizon shall be obligated to provide Telecommunications
Ser\okes to ECI only to the extent required by Applicable Law and may decline to provide
a Telecommunications Service to ECI 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 ECI under this
Resale Attachment only for the purpose of resale by ECI as a
Telecommunications Carrier. Verizon Telecommunications Services to be
purchased by ECI for other purposes (including, but not limited to, ECl's own
use) must be purchased by ECI pursuant to other applicable Attachments to this
Agreement (if any), or separate written agreements, including, but not limited to
applicable Verizon Tariffs.
ECI shall not resell:
2.2.
2.4
2.2.
ECI ID Camp v2,
Residential service to persons not eligible to subscribe to such service
from Verizon (including, but not limited to, business or other
nonresidential Customers);
Lifeline, Link Up America , or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Verizon;
Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Verizon; or
Any other Verizon service in violation of a restriction stated in this
Agreement (including, but not limited to, a Verizon Tariff) that is not
prohibited by Applicable Law.
In addition to any other actions taken by ECI to comply with this
Section 2., ECI shall take those actions required by Applicable Law to
determine the eligibility of ECI 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. ECI shall indemnify Verizon
from any Claims resulting from ECl's failure to take such actions
required by Applicable Law.
Verizon may perform audits to confirm ECI's conformity to the
provisions of this Section 2.2. Such audits may be performed twice
per calendar year and shall be performed in accordance with Section 7
of the General Terms and Conditions.
ECIID Camp v2.
ECI 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.
2.4 ECI shall not be eligible to participate in any Verizon plan or program under
which Verizon Customers may obtain products or services, which are not Verizon
Telecommunications Services, in return for trying, agreeing to purchase
purchasing, or using Verizon Telecommunications Services.
In accordance with 47 CFR ~ 51.617(b), Verizon shall be entitled to all charges
for Verizon Exchange Access services used by interexchange carriers to provide
service to ECI Customers.
Availability of Verizon Telecommunications Services
Verizon will provide a Verizon Telecommunications Service to ECI 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 ECI.
To the extent required by Applicable Law, the Verizon Telecommunications
Services to be provided to ECI 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 ECI.
Responsibility for Charges
ECI 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
ECI , ECI Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Verizon to ECI
pursuant to this Resale Attachment.
Upon request by ECI, Verizon will provide for use on resold Verizon retail
Telecommunications Service dial tone lines purchased by ECI such Verizon retail
Telecommunications Service call blocking and call screening services as Verizon
provides to its 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. ECI 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 ECI's purchase of such
blocking or screening services, ECl's end user Customers or other persons
ordering, activating or using Telecommunications Services on the resold dial tone
lines may complete or accept calls which ECI intended to block. Notwithstanding
the foregoing, ECI 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
1 above.
Operations Matters
Facilities.
Branding.
Rates and Charges
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 ECI Customer
locations for the purpose of installing, inspecting, maintaining,
repairing, and removing, facilities, equipment, software, and wiring
used to provide the Verizon Telecommunications Services. ECI shall
at ECl'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 ECI or
ECI Customers for use with Verizon Telecommunications Services.
Except as stated in Section 5.2 of this Attachment, in providing
Verizon Telecommunications Services to ECI, 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 ECI to use Verizon s Marks.
To the extent required by Applicable Law, upon request by ECI and at
prices, terms and conditions to be negotiated by ECI and Verizon
Verizon shall provide Verizon Telecommunications Services for resale
that are identified by ECl'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, ECI will be responsible for
entering into a direct contractual arrangement with the third-party
contractor at ECl's expense (a) to obtain identification of Verizon
operator services or Verizon directory assistance purchased by ECI for
resale with ECI's trade name, or (b) to obtain removal of Verizon
Marks from Verizon operator services or Verizon directory assistance
purchased by ECI for resale.
The rates and charges for Verizon Telecommunication Services purchased by ECI for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
ECI ID Camp v2.
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 ECI 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.
ECIID Camp v2.
ECI ID Camp v2.
NETWORK ELEMENTS ATTACHMENT
General
Verizon shall provide to ECI , 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 ECI only to the extent required
by Applicable Law and may decline to provide UNEs or Combinations to ECI to
the extent that provision of such UNEs or Combinations is not required by
Applicable Law.
Verizon shall be obligated to combine UNEs that are not already combined in
Verizon s network only to the extent required by Applicable Law. Except as
otherwise required by Applicable Law: (a) Verizon shall be obligated to provide a
UNE or Combination pursuant to this Agreement only to the extent such UNE or
Combination, and the equipment and facilities necessary to provide such UNE or
Combination, are available in Verizon s network; and (b) Verizon shall have no
obligation to construct or deploy new facilities or equipment to offer any UNE or
Combination.
ECI 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 ECI. Without
limiting the foregoing, ECI 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 ECI in order to allow ECI 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 ECI a UNE or Combination that is not offered under this
Agreement to ECI 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 ECI , and ECI 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 ECI, 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 ECI. If Verizon terminates its provision of a UNE or a Combination to ECI
pursuant to this Section 1.5 and ECI elects to purchase other services offered by
Verizon in place of such UNE or Combination , then: (a) Verizon shall reasonably
cooperate with ECI to coordinate the termination of such UNE or Combination
and the installation of such services to minimize the interruption of service to
Customers of ECI; and, (b) ECI 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 ECI on an unbundled basis or in
combination with other Network Elements.
If as the result of ECI Customer actions (i.e., Customer Not Ready ("CNR"
)),
Verizon cannot complete requested work activity when a technician has been
dispatched to the ECI Customer premises, ECI 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
ECI ID Camp v2,
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 ECI 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;
2.4
Line Splitting, as set forth in Section 5 of this Attachment;
Sub-Loops, as set forth in Section 6 of this Attachment;
Inside Wire, as set forth in Section 7 of this Attachment;
Dark Fiber, as set forth in Section 8 of this Attachment;
Network Interface Device, as set forth in Section 9 of this Attachment;
Circuit 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 ECI to access Loops unbundled from local switching and local transport, in
accordance with this Section 3 and the rates and charges provided in the Pricing
Attachment. Verizon shall allow ECI 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
ECI ID Camp v2.
2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an
effective 2-wire channel with 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals and loop-start signaling. This Loop type is more fully
described in Verizon Technical Reference (TR)-72565, as revised from
time-to-time. If "Customer-Specified Signaling" is requested , the Loop
will operate with one of the following signaling types that may be
specified when the Loop is ordered: loop-start, ground-start, loop-
reverse-battery, and no signaling. Customer specified signaling is
more fully described in Verizon TR- 72570, as revised from time-to-
time. Verizon will not build new facilities.
Wire Analog Voice Grade Loop" or "Analog 4W" provides an
effective 4-wire channel with 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type will operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Verizon TR-72570, as
revised from time-to-time. Verizon will not build new facilities.
Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 2B1 Q line code. This Loop
type is more fully described in American National Standards Institute
(ANSI) T1.601-1998 and Verizon TR 72575, as revised from time-to-
time. In some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Verizon will provide loop
extension equipment only upon request. A separate charge will apply
for loop extension equipment. The 2-Wire ISDN Digital Grade Loop is
available only in the former Bell Atlantic Service Areas. In the former
GTE Service Areas only, ECI 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- 72575, as revised from time-to-time. ADSL-Compatible Loops will
be available only where existing copper facilities are available and
meet applicable specifications. Verizon will not build new facilities.
The upstream and downstream ADSL power spectral density masks
and dc line power limits in Verizon TR 72575, as revised from time-to-
time, must be met. The 2-Wire ADSL-Compatible Loop is available
only in the former Bell Atlantic Service Areas. In the former GTE
Service Areas only, ECI may order a 2-Wire Digital Compatible Loop
using 2-wire ADSL ordering codes to provide similar capability.
ECI ID Camp v2.
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
density mask and dc line power limits referenced in Verizon TR 72575
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, ECI may order a 2-Wire Digital
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capability. Verizon will not build new facilities.
Wire HDSL-Compatible Loop" or "HDSL 4W" consists of two 2-wire
non-loaded , twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in Verizon TR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Verizon TR 72575
as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. Verizon will not build new
facilities.
Wire IDSL-Compatible Metallic Loop" consists of a single 2-wire
non-loaded, twisted copper pair that meets revised resistance design
criteria. This Loop is intended to be used with very-low band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the T1 E1.4 loop spectrum management standard
(T1 E1.4/2000-002R3) and are not compatible with 2B10 160 kbps
ISDN transport systems. The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallic Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, ECI 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 E 1.4 loop spectrum management standard
(T1 E1.4/2000-002R3). This Loop consists of a single 2-wire non-
loaded, twisted copper pair that meets Class 2 length limit in
T1 E1.4/2000-002R3. The data rate achieved depends on the
performance of the CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. The
Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. In the former GTE Service Areas only, ECI
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.
ECI ID Camp v2.
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
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 ECI in accordance with, and subject
, the technical specifications set forth in Verizon TR-72575, as
revised from time-to-time. Verizon will not build new facilities.
DS-1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Verizon TR 72575, as revised from time to time. The DS-
1 Loop includes the electronics necessary to provide the DS-
transmission rate. A DS-1 Loop will be provided only where the
electronics necessary to provide the DS-1 transmission rate are at the
requested installation date currently available for the requested DS-
Loop. Verizon will not install new electronics. If the electronics
necessary to provide Clear Channel (B8ZS) signaling are at the
requested installation date currently available for a requested DS-
Loop, upon request by ECI, the DS-1 Loop will be furnished with Clear
Channel (B8ZS) signaling. Verizon will not install new electronics to
furnish Clear Channel (B8ZS) signaling.
DS-3 Loops" will support the transmission of isochronous bipolar
serial data at a rate of 44.736 Mbps (the equivalent of 28 DS-
channels). This Loop type is more fully described in Verizon TR
72575, as revised from time to time. The DS-3 Loop includes the
electronics necessary to provide the DS-3 transmission rate. A DS-
Loop will be provided only where the electronics necessary to provide
the DS-3 transmission rate are at the requested installation date
currently available for the requested DS -3 Loop. Verizon will not
install new electronics and Verizon will not build new facilities.
In the former Bell Atlantic Service Areas only, "Digital Designed Loops
are comprised of designed loops that meet specific ECI requirements
for metallic loops over 18k ft. or for conditioning of ADSL, HDSL
SDSL , IDSL , or BRI ISDN Loops. "Digital Designed Loops" may
include requests for:
12.a 2W Digital Designed Metallic Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
12.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.a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop
12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
ECI ID Camp v2.
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 ECI 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 ECI 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 tWJ 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 ECI 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:
3.2.
ECI shall place orders for xDSL Compatible Loops, Digital Designed
and Conditioned Loops by delivering to Verizon a valid electronic
transmittal Service Order or other mutually agreed upon type of
Service Order. Such Service Order shall be provided in accordance
with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
In former Bell Atlantic Service Areas, Verizon is conducting a
mechanized survey of existing Loop facilities, on a Central Office by
Central Office basis, to identify those Loops that meet the applicable
technical characteristics established by Verizon for compatibility with
xDSL Compatible or BRI ISDN signals. The results of this survey will
be stored in a mechanized database and made available to ECI as the
ECI ID Camp v2.
3.2.4
process is completed in each Central Office. ECI must utilize this
mechanized loop qualification database, where available, in advance
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.
ECI must access Verizon s mechanized loop qualification system
through the use of the on-line computer interface at
www.verizon.comiwise in advance of submitting a valid electronic
transmittal Service Order for xDSL service arrangements. The loop
qualification information provided by Verizon gives ECI 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
ECI to evaluate the loop qualification information provided by Verizon
and determine whether a loop meets ECI 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, ECI 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), ECI may request an Engineering Query,
where available, as described in Section 3.2.7 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, ECI 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