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Home My WebLink About20060907Application Part I.pdfRECEIVED rlZl!n 2000 SEP - 7 PH 2: I 2 IDAHO PUBLIC UTILITIES COMMISSION 20575 NW Van Neumann Drive, Suite 150 Hillsboro, OR 97006 September 6 2006 Ms. Jean Jewell, Secretary Idaho Public Utilities Commission O. Box 83720 Boise, Idaho 83720-0074 V~N-l- ob- Re: Interconnection Agreement and Amendment between Verizon Northwest Inc. and YMAX Communications Corp. Dear Ms. Jewell: Enclosed for filing is an original and three copies of an Agreement between Verizon Northwest Inc. and YMAX Communications Corp. Also, included is Amendment No. I to this agreement. Please call me at 503/645-7909, if you have any questions. enee M. Willer egulatory Manager Enclosures AGREEMENT by and between YMAX COMMUNICATIONS CORP. and VERIZON NORTHWEST INC. FOR THE STATE OF IDAHO. Ymax 10 Camp v2.dac RE.CEWEO Z.25 lUUb SEP - 1 P~ . pi-mUG\Ofi.,\-\O OMMISS\ON \J1'\L\1\ES 'I( 21J ~-:l-O~ - 0 TABLE OF CONTENTS AGREEMENT ...................,........................................................................................................ ;..... 18;' 20. 21. 22. 23. 24. 25. The Agreement..................................................,........................................................ Term and Termination ... ............ ......... ............... ................ ...."...... .......... .......... ........ Glossary and Attachments ...............................................,....................................... Applicable Law ........................................................................................................... Ass ignment ........... ...........,..... ................... ..................... ...... ..... ..... .......... ......... ......... Assurance of Payment .....................................................,........................................ Audits ................. ........................... ....... ................ ....... ................. ...... ........ ..... ...... ... ... Authorization ....... .......... ............... ... ..... ....... ... ..... .......... .....,. .... ...... ......... .......... ... ...... Billing and Payment; Disputed Amounts ................................................................ 10.Confidentiality ............................................................................................................ 11.Counterparts ...........................................................,.................................................. 12.Default...........................................................,............................................................. ;3.Discontinuance of Service by Ymax........................................................................ 14.Dispute Reso lution ... ........ .............. ........................,............ .......... ....... ..................... 15.Force Majeure ................................................................,.......... .............,...... .... ......... 16.Forecasts .................................................................................................................. 17.Fraud ......................................................,.................................................................. Good Faith Performa nce. -;-..;-.; .~;~;-;;..-;.'-;... ..... ..; .. ;.~; ;'-;;;;'-;;'-;;;;.~;;;;;;;;;. ;;. ;;;;;;;.; .... 1-0 19.Headings """"""' """"""""~"""""""""""""""'".................................................... Inde mn ification ......... ......................... ..... ..... ........... ................. ......... ..... ................. . Insurance ................................................... ............................. ...................... ............ Intel lectua I Property.......................... .... ............. ....... ....................... .................. ..... Joint Work Prod uct........ .................... ....... ................... ..... ...... ...... ........ ....... ......... ... Law Enforcement................................. .................................................................... Liability ..................................................................................................................... Ymax 10 Camp v2.dac 26.Network Management.............................................................................................. 27.Non-Exclusive Remedies .......................................... ........................:..................... 28.Notice of Network Changes ..........................." ....................................................... 29.Notices ..................................................................................................... ;................ 30.Ordering and Maintenance ..................................................................................... 31.Performance Standards.. ........ .......... .......................................... .............. .............. 32.Point of Contact for Ymax Customers.... ............................................................... 33.Predecessor Agreements .... ..........,......... ........ .......... ..."..... ........... ........."..... ........ 34.Publicity and Use of Trademarks or Service Marks ............................................. 35.References ............................................................................................................... 36.Re lationsh ip of the Parties ..... ........ ........................ ....... ...... ...................... ....... ..... . 37.Reservation of Rights.............................................................................................. 38.Subcontractors ........................................................................................................ 39.Successors and Assigns ........................................................................................ 40.Survival..................................................................................................................... 41.Taxes ......................................................................................................................... 42.Tech nology Upgrades... ......... ........,............ ......... ........... ...................... ........... ....... 43.Territory ...........,.......................................................,................................................ 44.Third Party Beneficiaries ........................................................................................ 45.(This Section Intentionally Left Blank) .................................................................. ---- 46.252( i) Obi igations. ........................ .......... ........ ......... ....,........ .....,.. ....... .... ...... .......... . 47.Use of Service .......................................................................................................... 48.Waiver .......,............................................................................................................... 49.Warranties ......... """""""""""""" ..."...... ..... ..... ....... ............ ............. ....... ............. .. SIG NA TU RE P AG E........ ...... ............. ........... ......"............ .....,.. .................. ...... ......."...... ....... ....... 50.Withdrawal of Services .............. ;............................................................................ GLOSSARY .................................................................................................................................... Genera I Ru Ie ..... ............ ................. ....... ....................,........ .................. ......, .............. Ymax 10 Camp v2.dac Defi n itions . ................. .......... ........".. ...... ...................... ........ ........ ........................... . ADDITIONAL SERVICES A IT ACHMENT .................................................................................... Alternate Billed Calls ............................................................................................... Dialing Parity - Section 251 (b )(3) ...........................................................................41 (This Section Intentionally Left Blank) .................................................................. Directory Listing and Directory Distribution......................................................... Voice Information Service Traffic .......................................................................... Intercept and Referral Announcements ................................................................ Originating Line Number Screening (OLNS)......................................................... Operations Support Systems (OSS) Services ...................................................... Poles, Ducts, Conduits and Rights-of-Way........................................................... 10.Telephone Numbers.......... ........ ......... .................. ..................... .............................. 50 11.Routing for Operator Service~ and Directory Assistance Traffic....................... 12.Unauthorized Carrier Change Charges ................................................................. 13.Good Faith Performa nee......................... ................................................... ............. I NTERCO NN ECTION ITACH M ENT.. .......... .............................. .......... ............... ....... ..... ..... ....... 53 11. General...................................................................................................................... Points of Interconnection and Trunk Types ......................................................... Alternative Intercon n ection Arran gements .... ..........".... ............ ........... . :....... ....... 57 Initiating Interconnection ........................................................................................--n___-- Transmission and Routing of Telephone Exchange Service Traffic.................. Traffic Measurement and Billing over Interconnection Trunks ....................... .... Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act. ........................................... ................................... .............................................. Other Types of Traffic................. ......... .............. ....:........ ..... .......................... ......... Transmission and Routing of Exchange Access Traffic ..................................... 10.Meet-Po i nt B iIIi ng Arrangements.... ..................... .............................. .................... 64 Toll Free Service Access Code (e., 800/888/877) Traffic .................................. Ymax 10 Camp v2.dac iii 12.Tandem Transit Traffic ............................................................ ................................ 13.Number Resources, Rate Center Areas and Routing Points .............................. 70 14.Joint Network Implementation and Grooming Process; Forecasting................ 15.Number Portability - Section 251 (8)(2) .....................................;............................ 72 16.Good Faith Performance ......................................................................................... 7 TRAFFIC EXCHANGE A TT ACHM ENT ........................................................................................ General...................................................................................................................... 75 Arrangements With Third Party Tandem Provider ............................................... 75 Initiating Traffic Exchange Under This Attachment............................................. 76 Traffic Measurement and Billing .................." ........................................................ 76 Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act..................... ..... ....... .... .............. ........................... ......... ..................... ............ ..... 77 Other Types of Traffic ............................................................................................. Toll Free Service Access Code (e., 800/888/877) Traffic .................................. Number Resources, Rate Center Areas and Routing Points .............................. Number Portability - Section 251 (8 )(2) ..................................................................8 i 10.Good Faith Performance..... ........................... .............................". ........................ . RESALE A TT AC H M ENT ...... """"""" ..... ........ ...... .....".......... ...... ........................ ....... ............ ...... General.......................................................,.................... .......................................... Use of Verizon Telecommunications Services ..................................................... 3:-- AVailaBi I ity- CifVerizCin Telecommunications-Services .. ;;;.......;;;.;....;;...-;... ;85- Respons ib i lity for Charges .......... ..................... .............. ..................... ..... ......... ..... Operations Matters .................................................................................................. Rates and Charges.. ................................................................................................ 86 Good Faith Performa nee. ............. ..........,... ................... ........................ .................. 87 NETWORK ELEMENTS A TT AC HMENT ...................................................................................... Gene raJ... ... ....... ...... ..... ........... .... ..... ..... ......... ... ......... ..... .....,.. .... ....... :......... ... ........... Verizon s Provision of Network Elements............................................................. Ymax ID Camp v2,dac Loop Transmission Types .............................................................................. ........ Li n e Sharing..... ............... ...... ........................... .......... .......... ............ ........ ....... ......... Li n e S p I itti ng .. ................... ............. .............. ....... .................. ......... ......".......... ...... 1 05 Sub-Loop ................................................................................................................105 Inside ',a"ire................. ...... ......... ...... ........ ....... ................." ........" ..... """""" ..... ...... 1 09 Dark Fiber ...............................................................................................................110 Network Interface Device ......................................................................................116 10.Unbundled Circuit Switching Elements ..............................................................117 11.Unbundled Interoffice Facilities ...........................................................................119 - 12.Signaling Networks and Call-Related Databases ...............................................119 13.Operations Support Systems ...............................................................................121 14.Availability of Other Network Elements on an Unbundled Basis .....................121 15.Maintenance of Network Elements ......................................................................122 16.Combinations .........................................................................................................123 17.Rates and Charges ................................................................................................123 18.Good Faith Performance .......................................................................................123 COLLOCATION ATTACHMENT .................................................................................................124 Verizon s Provision of Collocation ......................................................................124 911 A TT AC HMENT ......................................................................................................................170 911/E-911 Arrangements .............................................................................. .......... 170 911 Database Electronic Interface....................................................................170 911/E-911 Interconnection ....................................................................................171 911/E-911 General..................................................................................................-172 Good Faith Pe rforma nee .................... ....... .............................. ........... ........ ......... ..172 PRICING ATTACH MENT .............................................................................................................173 Ge neral............... ........................ ...... ........... ...... ............... ........................ ........ ..".. . 173 Verizon Telecommunications Services Provided to Ymax for Resale Pursuant to the Resale Attachment......................................................................................173 Ymax ID Camp v2.dac Ymax Prices .................... .......................................................................................175 (This Section Intentionally Left Blank) ................................................................175 Regulatory Review of Prices ...................... ~.................................. ....................... 175 APPENDIX A TO THE PRICING A IT ACHMENT .......................................................................177 EXHiBIT A TO SECTiON 3.1 (FIBER MEET ARRANGEMENT) OF THE !NTERCONNECT!ON A IT ACHMENT ......................,......................................................................................................206 Ymax 10 Camp v2.dac AGREEMENT PREFACE This Agreement, including Amendment No.1 (TRO Amendment) hereto ("Agreement") shall be deemed effective as of August 31 , 2006 (the "Effective Date ), between Ymax Communications Corp. ("Ymax ), a corporation organized under the laws of the State of Delaware, with offices at 223 Sunset Avenue, Suite 223, Palm Beach, FL 33480 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 Ymax 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 Ymax hereby agree as follows: Ymax 10 Camp v2. The Agreement This Agreement includes: (a) the Principal Document (which shall be deemed to include Amendment No.1 (TRO Amendment) hereto); (b) the Tariffs of each Party applicable to the Services that are offered for sale by it in the Principal Document (which Tariffs are incorporated into and made a part of this Agreement by reference); and, (c) an Order by a Party that has been accepted by the other Party. Except as otherwise expressly provided in the Principal Document (including, but not limited to, the Pricing Attachment), conflicts among provisions in the Principal Document, Tariffs, and an Order by a Party that has been accepted by the other Party,shail be resoived 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 agree.ment.J!(1~~Istcmdjflg,_Qr n;mI~$!'mt9tipD,Qo.tb ..sLJ_bject mc:ltt!?Lh~.r.~ot - - . 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 Ymax. 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 August 30 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 Ymax 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 Ymax or Verizon provides notice of termination pursuant to Section 2. and on or before the proposed date of termination either Ymax 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 Ymax and Verizon; or, (b) the date one (1) year after the proposed date of termination. 2.4 If either Ymax or Verizon provides notice of termination pursuant to Section 2. and by 11 :59 PM Eastern Time on the proposed date of termination neither Ymax nor Verizon has requested negotiation of a nevv interconnection agreement, (a) this Agreement will terminate at 11 :59 PM Eastern Time on the proposed date of termination, and (b) the Services being provided under this Agreement at the time of termination will be terminated, except to the extent that the Purchasing Party has requested that such Services continue to be provided pursuant to an applicable Tariff or Statement of Generally Available Terms (SGA T). Glossary and Attachments . T~egl()s~9_ry_a~~- ~_f()ll()win~L~t!CIc!'ll1~nts CirE! a. part of this Agreement: Additional Services Attachment Interconnection Attachment Resale Attachment Network Elements Attachment Collocation Attachment 911 Attachment Pricing Attachment Applicable Law Ymax ID Camp v2. 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 4.4 Ymax 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. 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 un enforceability shall not invalidate or render unenforceable any other provision of this Agreement, and this Agreement shall be ,construed as if it did not con1ain 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 shaH promptiy renegotiate in good faith and amend in writing this Agreement in order to make such mutually acceptable revisions to this Agreement as may be required in order to conform the Agreement to Applicable Law. If within thirty (30) days of the effective date of such decision determination, action or change, the Parties are unable to agree in writing upon mutually acceptable revisions to this Agreement, either Party may pursue any remedies available to it under this Agreement, at law, in equity, or otherwise including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction, without first pursuing dispute resolution in accordance with Section 14 of this Agreement. ------..----- -- -- -- -- -- _- - Notwithstanding anything in this Agreement to the contrary, if, as a result of any legislative, judicial, regulatory or other governmental decision, order determination or action, or any change in Applicable Law, Verizon is not required by Applicable Law to provide any Service, payment or benefit, otherwise required to be provided to Ymax hereunder, then Verizon may discontinue the provision of any such Service, payment or benefit, and Ymax shall reimburse Verizon for any payment previously made by Verizon to Ymax that was not required by Applicable Law. Verizon will provide thirty (30) days prior written notice to Ymax 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 Upon request by Verizon, Ymax 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. 6.4 Ymax 10 Camp v2. 6.2 Assurance of payment of charges may be requested by Verizon if Ymax (a) prior to the Effective Date, has failed to timely pay a bill rendered to Ymax by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to Ymax 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 Ymax in connection with this Agreement. If Ymax 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 Ymax shall provide) additional assurance of payment, consisting of monthly advanced payments of estimated charges as reasonably determined by Verizon, with appropriate true-up against actual billed charges no more frequently than once per Calendar Quarter. (Intentionally Left Blank). - - (Intentionally Left Blank). Verizon may (but is not obligated to) draw on the letter of credit upon notice to Ymax in respect of any amounts to be paid by Ymax 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, Ymax 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 Ymax has provided Verizon with such assurance of payment. The fact that a letter of credit is requested by Verizon hereunder shall in no way relieve Ymax 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. Audits 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 $1 000 000. - The audit shall be performed by independent certified public accountants selected and paid by the Auditing Party. The accountants shall be reasonably acceptable to the Audited Party. Prior to commencing the audit, the accountants shall execute an agreement with the Audited Party in a form reasonably acceptable to the Audited Party that protects the confidentiality of the information disclosed by the Audited Party to the accountants. The audit shall take place at a time and place agreed upon by the Parties; provided, that the Auditing Party may require that the audit commence no later than sixty (60) days after the Auditing Party has given notice of the audit to the Audited Party. Each Party shall cooperate fully in any such audit, providing reasonable access to any and all employees, books, records, documents, facilities 'and systems rea$onably necessary to assess the accuracy of the Audited Party's bills. Audits shall be performed at the Auditing Party s expense, provided that there shall be no charge for reasonable access to the Audited Party s employees books, records , documents, facilities and systems necessary to assess the accuracy of the Audited Party s bills. Authorization Verizon represents and warrants that it is a corporation duly organized, validly .__ exislingandjrLgQQdstandiogJ.IOdeLtb_~ Jaws. of tbe State_oLWa_sblr:19tQI1C!ndhQs full power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. Ymax 10 Camp v2. Ymax represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, and has full power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. Ymax Certification. Notwithstanding any other provision of this Agreement, Verizon shall have no obligation to perform under this Agreement until such time as Ymax has obtained such FCC and Commission authorization as may be required by Applicable Law for conducting business in the State of Idaho. Ymax shall not place any Orders under this Agreement until it has obtained such authorization. Ymax shall provide proof of such authorization to Verizon upon request. Billing and Payment; Disputed Amounts Except as otherwise provided in this Agreement, each Party shall submit to the other Party on a monthly basis in an itemized form, statement( s) of charges incurred by the other Party under this Agreement. Except as otherwise provided in this Agreement, payment of amounts billed for Services provided under this Agreement, whether billed on a monthly basis or as otherwise provided in this Agreement, shall be due, in immediately available U. funds, on the later of the following dates (the "Due Date ): (a) the due date specified on the billing Party's statement; or (b) twenty (20) days after the date the statement is received by the billed Party. Payments shall be transmitted by electronic funds transfer. If any portion of an amount billed by a Party under this Agreement is subject to a good faith dispute between the Parties, the billed Party shall give notice to the billing Party of the amounts it disputes ("Disputed Amounts ) and include in such notice the specific details and reasons for disputing each item. A Party may also dispute prospectively with a single notice a class of charges that it disputes. Notice of a dispute may be given by a Party at any time, either before or after an amount is paid, and a Party's payment of an amount shall not constitute a waiver of such Party's right to subsequently dispute its obligation to pay such amount or to seek a refund of any amount paid. The billed Party shall pay by the Due Date all undisputed amounts. Billing disputes shall be subject to the terms of Section, Dispute Resolution. 9.4 Charges due to the billing Party that are not paid by the Due Date, shall be subject to a late payment charge. The late payment charge shall be in an amount specified by the billing Party which shall not exceed a rate of one-and- one-half percent (1.5%) of the overdue amount (including any unpaid previously billed late payment charges) per month. Although it is the intent of both Parties to submit timely statements of charges failure by either Party to present statements to the other Party in a timely manner shall not constitute a breach or default, or a waiver of the right to payment of the incurred charges, by the billing Party under this Agreement, and, except for assertion of a provision of Applicable Law that limits the period in which a suit or other proceeding can be brought before a court or other governmental entity of appropriate jurisdiction to collect amounts due, the billed Party shall not be entitled to dispute the billing Party s statement(s) based on the billing Party n - . faIlure n ~LJb!D!t t!1~lllill~- ti IY.J~sbi.Qn Confidentiality10. Ymax ID camp v2. 10.As used in this Section 10 , " Confidential Information" means the following information that is disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party") in connection with, or anticipation of, this Agreement: 10.Books, records, documents and other information disclosed in an audit pursuant to Section 7; 10.Any forecasting information provided pursuant to this Agreement; . 10.Customer Information (except to the extent that (a) the Customer information is published in a directory, (b) the Customer information is disclosed through or in the course of furnishing a Telecommunications Service, such as directory assistance service, operator service, Caller 10. 10. 10.4 Ymax 10 Camp v2. 10.1.4 ID or similar service, or LlDB service, or (c) the Customer to whom the Customer Information is related has authorized the Receiving Party to use and/or disclose the Customer Information); information related to specific facilities or equipment (including, but not limited to, cable and pair information); 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 any information that is communicated orally or visually and declared to the Receiving Party at the time of disclosure, and by written notice with a statement of the information given to the Receiving Party within ten (10) days after disclosure, to be "Confidential or "Proprietary Notwithstanding any other provision of this Agreement, a Party shall have the right to refuse to accept receipt of information which the other Party has identified as Confidential information pursuant to Sections 10.5 or 10. 10. Except as otherwise provided in this Agreement, the Receiving Party shall: 10.use the Confidential Information received from the Disclosing Party only in performance of this Agreement; and 10.2.2 using the same degree of care that it lJses 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, t!\gents and contractors of the Receiving Party and the Receiving Party's Affiliates that hc;lve 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 - _ Ag~ots- 91 ~9JJtLC!gt9I~_Qf toe- R.eg,ejY!lJgJ'9rtY_QC1bE!B..ec:.E=!ivingPC!rty' 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; 10.4.is or becomes publicly available or known through no wrongful act of the Receiving Party, the Receiving Party's Affiliates, or the directors, officers , employees, Agents or contractors of the Receiving Party or the Receiving Party s Affiliates; 10.4.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 10.4. 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 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. 10.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 govemmental entity to whom the Confidential Information is disclosed to treat it as confidential and restrict its use to purposes related to the proceeding pending before it. 10.The Disclosing Party shall retain all of the Disclosing Party s right, title and interest in any Confidential Information disclosed by the Disclosing Party to the Receiving Party. Except as otherwise expressly provided in this Agreement, no license is granted by this Agreement with respect to any Confidential Information (including, but not limited to, under any patent, trademark or copyright), nor is any such license to be implied solely by virtue of the disclosure of Confidential Information. 10.The provisions of this Section 10 shall be in addition to and not in derogation of any provisions of Applicable Law, including, but not limited to, 47 U.C. ~ 222 . ~ ana~ are riot -rnte edlo~ consfiftife~lwaiVer ByaPartY6fahyrignfWithregarerto- the use, or protection of the confidentiality of, CPNI provided by Applicable Law. 10.Each Party's obligations under this Section 10 shall survive expiration cancellation or termination of this Agreement. 11.Counterparts This Agreement may be executed in two or more counterparts , each of which shall be deemed an original and all of which together shall constitute one and the sameinstrument. 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 Ymax 10 Camp v2. 15. 13. 14. 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. Discontinuance of Service by Ymax 13.If Ymax 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, Ymax shall send written notice of such discontinuance to Verizon, the Commission, and each of Ymax s Customers. Ymax 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, Ymax shall send such notice at least thirty (30) days prior to its discontinuance of service. 13.Such notice must advise each Ymax Customer that unless action is taken by the Ymax Customer to switch to a different carrier prior to Ymax s proposed discontinuance of service, the Ymax Customer will be without the service provided by Ymax to the Ymax Customer. 13.Should a Ymax Customer subsequently become a Verizon Customer, Ymax shall provide Verizon with all information necessary for Verizon to establish service for the Ymax Customer, including, but not limited to, the Ymax Customer s billed name, listed name, service address, and billing address, and the services being provided to the Ymax Customer. 13.4 Nothing in this Section 13 shall limit Verizon s right to cancel or terminate this Agreement or suspend provision of Sen/ices under this Agreement. Dispute Resolution 14.Except as othervvise 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 Daysto desfgnafEfifs -own repre ntatiVtHntnenegotiation:Tlie Parties' representatives shall meet at least once within 45 days after the date of the initiating Party s written notice in an attempt to reach a good faith resolution of the dispute. Upon agreement, the Parties' representatives may utilize other alternative dispute resolution procedures such as private mediation to assist in the negotiations. 14.If the Parties have been unable to resolve the dispute within 45 days of the date of the initiating Party's written notice, either Party may pursue any remedies available to it under this Agreement, at law, in equity, or otherwise, including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. Force Majeure Ymax 10 Camp v2. 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 or 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. 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. 15.4 16.Forecasts In addition to any other forecasts required by this Agreement, upon request by Verizon Ymax shall provide to Verizon forecasts regarding the Services that Ymax expects to purchase from Verizon, including, but not limited to, forecasts regarding the types and volumes of Services that Ymax expects to purchase and the locations where such Services will be purchased. 17.Fraud Ymax 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 - u makeadjustmer:1ts toX max s account in cases ot Jraud by_Ymax'sCustomers_Q( other third parties. 18.Good Faith Performance The Parties shall act in good faith in their perfonnance 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 Ymax 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. Ymax ID Camp v2. 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 PrincipalDocument. 20. 20. Indemnification 20. - - -- -- - Ymax 10 Camp v2. 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 andlor 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. Indemnification Process. 20.2. 20. 20.2.4 20. 20. As used in this Section 20 , " Indemnified Person" means a person whom an Indemnifying Party is obligated to indemnify, defend andlor 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 piOmptly after becoming aware thereof (inciuding 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 Inde.l)1niMng-Partisown~co_s.taod.exp~ens.e,prov:ided, - however,- that the Indemnified Person shall have the right to approve the Indemnifying Party's choice of legal counsel. If the Indemnified Person fails to comply with Section 20.3 with respect to a Claim, to the extent such failure shall have a material adverse effect upon the Indemnifying Party, the Indemnifying Party shall be relieved of its obligation to indemnify, defend and hold harmless the Indemnified Person with respect to such Claim under this Agreement. Subject to 20.6 and 20., below, the Indemnifying Party shall have the authority to defend and settle any Third Party Claim. With respect to any Third Party Claim , the Indemnified Person shall be entitled to participate with the Indemnifying Party in the defense of the Claim if the Claim requests equitable relief or other relief that could 20. 20. 20. affect the rights of the Indemnified Person. In so participating, the Indemnified Person shall be entitled to employ separate counsel for the defense at the Indemnified Person s expense. The Indemnified Person shall also be entitled to participate, at its own expense, in the defense of any Claim, as to any portion of the Claim as to which it is not entitled to be indemnified, defended and held harmless by the Indemnifying Party. In no event shall the Indemnifying Party settle a Third Party Claim or consent to any judgment with regard to a Third Party Claim without the prior written consent of the Indemnified Party, which shall not be unreasonably withheld, conditioned or delayed. In the event the settlement or judgment requires a contribution from or affects the rights of an Indemnified Person, the Indemnified Person shall have the right to refuse such settlement or judgment with respect to itself and at its own cost and expense, take over the defense against the Third Party Claim, provided that in such event the Indemnifying Party shall not be responsible for, nor shall it be obligated to indemnify or hold harmless the Indemnified Person against, the Third Party Claim for any amount in excess of such refused settlement or judgment. 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. 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 wiil 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. 20. Each Party's obligations under this Section 20 shall survive expiration cancellation or termination of this Agreement. . ---. - - .- _. 21.~ u- In~lJrClI1~_EL_- _.m. .. - - - .. U - - - -- -- -- ~- -- -- -- - 20.4 Ymax shall maintain during the term of this Agreement and for a period of two years thereafter all insurance required to satisfy its obligations wider this Agreement (including, but not limited to, its obligations set forth in Section 20 hereof) and all insurance required by Applicable Law. The insurance shall be obtained from an insurer having an A.M. Best insurance rating of at least A- financial size category VII or greater. At a minimum and without limiting the foregoing undertaking, Ymax shall maintain the following insurance: 21. 21. Ymax 10 Camp v2. 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. - - - - - u 22. 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 Ymax 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 Ymax. 21. 21.Ymax shall name Verizon and Verizon s Affiliates as additional insureds on the foregoing liability insurance. 21.4 Ymax shall, within two (2) weeks of the Effective Date hereof at the time of each renewal of, or material change in, Ymax 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 shaH be sent to: Director-Negotiations, Verizon Partner Solutions, 600 Hidden Ridge, HOEWMNOTICES, Irving, TX 75038. 21.Ymax 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. 21.Failure of Ymax or Ymax s contractors to maintain insurance and provide certificates of insurance as required in Sections 21.1 through 21.5, above, shall - - oe-deerried-amatetrarbYeacn of'thisJ\greerTIEH1C- . - - - -- .. -- -- -- - 21.Certificates furnished by Ymax or Ymax s contractors shall contain a clause stating: "Verizon Northwest Inc. shall be notified in writing at least thirty (30) days prior to cancellation of, or any material change in, the insurance. Intellectual Property 22.Except as expressly stated in this AgreemE!nt. 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. Ymax ID Camp v2. - _ 22.2 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. 22.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. 23. Ymax 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 Ymax, directly or through a third party, of any such terms, conditions or restrictions that may limit any Ymax use of a Service provided by Verizon that is otherwise permitted by this Agreement. At Ymax s written request, to the extent required by Applicable Law, Verizon will use Verizon s best efforts, as commercially practicable, to obtain intellectual property rights from Verizon vendor to allow Ymax to use the Service in the same manner as Verizon that are coextensive with Verizon s intellectual property rights, on terms and conditions that are equal in quality to the terms and conditions under which Verizon has obtained Verizon s intellectual property rights. Ymax shall reimburse Verizon for the cost of obtaining such rights. Joint Work Product 22.4 24. The Principal Document is the joint work product of the Parties, has been negotiated by the Parties, and shall be fairly interpreted in accordance with its terms. In the event of - - any ambiguities no- inferences _shaILbe_drawn..agail)steith~cParty. Law Enforcement - - 24.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 arid equipment, and dialed number recording facilities and equipment. 24.A Party shall not have the obligation to inform the other Party or the Customers of the other Party of actions taken in cooperating with law enforcement or national security authorities, except to the extent required by Applicable Law. Ymax ID Camp v2. 24. 25.Liability 25. 25. 25. 25.4 25. 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 Claif)ls 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 exciuded by this Seciion 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. --- - 25.52 -- - Fany obligaticfrilcnndernnify:de'femdandlor hold-harmlessthara Party may have under this Agreement. Ymax 10 Camp v2. 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 25. 25. 26. under the financial incentive or remedy provisions of any service quality plan required by the FCC or the Commission. In the event that the liability of a Party, a Party s Affiliate, or a director, officer or employee of a Party or a Party s Affiliate, is limited and/or excluded under both this Section 25 and a provision of an applicable Tariff, the liability of the Party or other person shall be limited to the smaller of the amounts for which such Party or other person would be liable under this Section or the Tariff provision. 25. Each Party shall, in its tariffs and other contracts with its Customers, provide that in no case shall the other Party, the other Party's Affiliates, or the directors officers or employees of the other Party or the other Party's Affiliates, be liable to such Customers or other third-persons for any special , indirect, incidental consequential , reliance, exemplary, punitive or other damages, arising out of a Service Failure. 26. Network Management 26. Cooperation.The Parties will work cooperatively in a commercially reasonable manner to install and maintain a reliable network. Ymax and Verizon will exchange appropriate information (e.network information, maintenance contact numbers, escalation procedures, and information required to comply with requirements of law enforcement and national security agencies) to achieve this desired reliability. In addition, the Parties will work cooperatively in a commercially reasonable manner to apply sound network management principles to alleviate or to prevent traffic congestion and subject to Section 17, to minimize fraud associated with third number billed calls, calling card calls, and other services related to this Agreement. Responsibilitv for 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. 26.Interference or Impairment.If a Party ("Impaired Party") reasonably determines that the services, network, facilities, or methods of operation , of the other Party ("Interfering Party") will or are likely to interfere with or impair the Impaired Party' provision of services or the operation of the Impaired Party's network or facilities the Impaired Party may interrupt or suspend any Service provided to the - - Interfering-F'acty to_the.extent necessary- to preventsuchjnterfereDc130L impairment, subject to the following: Ymax ID Camp v2. 26.Except in emergency situations (e.g., 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. 29. 26.4 Outaqe Repair Standard.In the event of an outage or trouble in any Service being provided by a Party hereunder, the .providing Party will follow Verizon standard procedures for isolating and clearing the outage or trouble. 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. Notices 29.Except as otherwise provided in this Agreement, notices given by one Party to the other Party under this Agreement: 29. 29. shall be in writing; shall be delivered (a) personally, (b) by express delivery service with next Business Day delivery, (c) by first class, certified or registered S. mail , postage prepaid, or (d) by facsimile telecopy, with a copy delivered in accordance with (a), (b) or (c), preceding; and 29.shall be delivered to the following addresses of the Parties: To Ymax: Peter Russo 'Director of Finance 223 Sunset Avenue, Suite 223 Palm Beach;-FL-33480- Telephone Number: (561) 832-3140, Ext.: Facsimile Number: (561) 832-8377 Internet Address: saamcopete~aol.com Not Provided To Verizon: Director-Negotiations Verizon Partner Solutions 600 Hidden Ridge HOEWMNOTICES Irving, TX 75038 Facsimile Number: (972) 719-1519 Internet Address: wmnotices~verizon.com Ymax ID Camp v2. - -- - -- _- -- - 33. 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 r~ceived, the next Business Day after the date set forth on the telecopy confirmation. 30.Ordering and Maintenance Ymax shall use Verizon s electronic Operations Support System access platforms to submit Orders and requests for maintenance and repair of Services, and to engage in other pre-ordering, ordering, provisioning, maintenance and repair transactions. Verizon has not yet deployed an electronic capability for Ymax to perform a pre-ordering, ordering, provisioning, maintenance or repair, transaction offered by Verizon, Ymax 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. 32. 31.Y max shall provide Services under this Agreement in accordance with the n p~rf()r!119n.c:e sJa.o_cjc)rQ~_r~qyil"e..QQYAQPJi~Qle L~IJI." - - _ - -- . Point of Contact for Ymax Customers 32.Ymax shall establish telephone numbers and mailing addresses at which Ymax Customers may communicate with Ymax and shall advise Ymax Customers of these telephone numbers and mailing addresses. 32.Except as otherwise agreed to by Verizon, Verizon shall have no obligation, and may decline, to accept a communication from a Ymax Customer, including, but not limited to, a Ymax Customer request for repair or maintenance of a Verizon Service provided to Ymax. Predecessor Agreements 33.Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties: Ymax 10 Camp v2, 33. 33. 33.Further to the provisions of Section 1 of the General Terms and Conditions of this Agreement, any prior interconnection or resale agreement between the Parties for the State of Idaho pursuant to Section 252 of the Act and in effect prior to the Effective Date is hereby amended, extended and restated; and any Services that were purchased by one Party from the other Party under a prior interconnection or resale agreement between the Parties for the State of Idaho pursuant to Section 252 of the Act and in effect prior to the Effective Date, shall as of the Effective Date be subject to and purchased under this Agreement. 33. 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 Marks34. A Party, its Affiliates, and their respective contractors and Agents, shall not use the other Party's trademarks, service marks, logos or other proprietary trade dress, in connection with the sale of products or services, or in any advertising, press releases, publicity matters or other promotional materials, unless the other Party has given its written consent for such use, which consent the other Party may grant or withhold in its sole discretion. --- ---------- --. ---- _---.- ---- _____- --- 34.Neither Party may imply any direct or indirect affiliation with or sponsorship or endorsement of it or its services or products by the other Party. 34. 35. Any violation of this Section 34 shall be considered a material breach of this Agreement. 35. References 35. Ymax 10 Camp v2. 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 37. 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.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. 36.2 36.Except for provisions herein expressly authorizing a Party to act for another Party, nothing in this Agreement shall constitute a Party as a legal representative or Agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against, in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party in writing, which permission may be granted or withheld by the other Party in its sole discretion. Each Party shall have sole authority and responsibility to hire, fire, compensate supervise, and otherwise control its employees, Agents and contractors. Each Party shall be solely responsible for payment of any Social Security or other taxes that it is required by Applicable Law to pay in conjunction with its employees, Agents and contractors, and for withholding and remitting to the applicable taxing authorities any taxes that it is required by Applicable Law to collect from its employees. 36.4 36.Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party, whether regulator! or contractual, or to assume any responsibility for the management of the other Party s business. 36.The relationship of the Parties under this Agreement is a non-exclusive relationship. Reservation of Rights 37.Notwithstanding anything to the contrary in this Agreement, neither Party waives and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise seek the reversal of and changes in any arbitration decision associated with this . .- - - Agte-efflent~- (Dno-cnall"e-"1g~lhtf lawfolnessotthis Agreemenrand-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. Ymax ID Camp v2. -- -- - 37.Ymax acknowledges Ymax has been advised by Verizon that it is Verizon position that this Agreement contains certain provisions which are intended to reflect Applicable Law and Commission and/or FCC arbitration decisions. 38.Subcontractors A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the Party) to perfonn 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.!n Genera!.With respect to any purchase of Services under this Agreement, if any federal , state or local tax, fee, surcharge or other tax-like charge , excluding any tax levied on property or net income, (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 bill the Purchasing Party for such Tax, as a separately stated item on the invoice, (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 as and to the extent required by Applicable Law. 41.Taxes Imposed on the Providinq Party or Receipts.With respect to any . - - piircnaseofS'erV lces'unaei' 11115 AgreemenCifanY-feaerar'-stafe or locarTaxis - _. 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 to a public utility, distributor, telephone company, local exchange carrier, telecommunications company or other communications company Telecommunications Company ), such exclusion being based on the fact that the Purchasing Party is also subject to a tax based upon receipts ("Receipts Tax ), then the Purchasing Party shall pay and remit the Receipts Tax as required by Applicable Law. - -- _ 41.Taxes Imposed on Subscriber.With respect to any purchase of Services under this Agreement 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, or if any federal, state or local Tax is imposed on the Providing Party Ymax 10 Camp v2. 41.4 41. ---- --- Ymax ID Camp v2. and required by Applicable Law to be passed through to the Subscriber, then the Purchasing Party (a) shall impose and/or collect such Tax from the Subscriber and (b) shall timely remit such Tax to the applicable taxing authority. 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. 7. 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, acceptable to the Providing Party, which holds the Providing Party harmless on an after-tax basis with respect to its forbearing to collect such Tax. Liability for Uncollected Tax, Interest and Penalty. 41.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 any interest assessed thereon and (b) the Providing Party shall be liable for any penalty assessed with respect to such unbilled Tax by a taxing authority. 41.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 RurchasingnpartyhaspreviEled-suchP-reviding-Party with an exemption certificate that is later found to be inadequate invalid or inapplicable 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. 41. 41.5.4 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, (a) the Providing Party shall be liable for any Tax imposed on its receipts and (b) 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 the applicable taxing authority . 43. 41. 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. Audit Cooperation 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. 41.Notices. 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 Ymax: Peter Russo 223 Sunset Avenue, Suite 223 Palm Beach, Florida 33480 . - Eacl1Party may.from.time-totime-designateanotheraddress-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 prqvision 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 Ymax 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. Ymax shall be solely responsible for the cost and activities associated with accommodating such changes in its own network. Territory Ymax 10 Camp v2. 49. 50. 43.This Agreement applies to the territory in which Verizon operates as an Incumbent Local Exchange Carrier in the State of Idaho. Verizon shall be obligated to provide Services under this Agreement only within this territory. Notwithstanding any other provision of this Agreement, Verizon may terminate this Agreement as to a specific operating territory or portion thereof if Verizon sells or otherwise transfers its operations in such territory or portion thereof to a third-person. Verizon shall provide Ymax with at least 90 calendar days prior written notice of such termination, which shall be effective upon the date specified in the notice. 43.2 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) 252(i) Obligations46. 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 Ymax of any rights it may have under Section 252(i) results in the rearrangement of Services by Verizon, Ymax 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, orany right or remedy available under this Agreement or at law or in equity, or to require - - - performanceof-anynof-the- provisions-of this Agreement, orton exercise any optionwhi-ch-is provided under this Agreement, shall in no way be construed to be a waiver of such provisions, rights, remedies or options. Warranties EXCEPT AS EXPRESSLY STATED iNTHIS 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. Withdrawal of Services Ymax ID Camp v2. 50. 50. - - -- Ymax 10 Camp v2. 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 Ymax. Notwithstanding anything contained in this Agreement, except as otherwise required by Applicable Law, Verizon may with thirty (30) days prior written notice to Ymax terminate any provision of this Agreement that provides for the payment by Verizon to Ymax of compensation related to traffic, including, but not limited , Reciprocal Compensation and other types of compensation for termination of traffic delivered by Verizon to Ymax. Following such termination , except as otherwise agreed in writing by the Parties, Verizon shall be obligated to provide compensation to Ymax 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 Ymax related to traffic only to the extent required by Applicable Law. If within thirty (30) days after Verizon snotice 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. SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date. By: ::R~ON 7;r Printed: Peter Russo Printed: Gary Librizzi Title: Director of Finance Title: Director - Negotiations - _n -- --- -- ---- -- 0. _ - -- _n n - - __- -- - - -- - - T - - - _n - -- - - - m_- - -- -- -- - zpfileOOO _____--_ n u_ - - ------ 2.4 GLOSSARY General Rule The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the Principal Document. Terms used in a Tariff shall have the meanings stated in the Tariff. Unless the context clearly indicates otherwise, when a term listed in this Glossary is used in the Principal Document, the term shall have the meaning stated in this Glossary. A defined term intended to convey the meaning stated in this Glossary is capitalized when used. Other terms that are capitalized, and not defined in this Glossary or elsewhere in the Principal Document, shall have the meaning stated in the Act. Additional definitions that are specific to the matters covered in a particular provision of the Principal Document may appear in that provision. To the extent that there may be any conflict between a definition set forth in this Glossary and any definition in a specific provision, the definition set forth in the specific provision shall control with respect to that provision. Unless the context clearly indicates otherwise, any term defined in this Glossary which is defined or used in the singular shall include the plural, and any term defined in this Glossary which is defined or used in the plural shall include the singular. 1.4 The words "shall" and "will" are used interchangeably throughout the Principal Document and the use of either indicates a mandatory requirement. The use of one or the other shall not confer a different degree of right or obligation for eitherParty. Definitions Act. The Communications Act of 1934 (47 U.C. 9151 et seq.), as from time to time amended (including, but not limited to, by the Telecommunications Act of 1996). Advanced Services. As a general matter, shall have the meaning set forth by the FCC. - - ----n- ----.-- - - _-- -- .- ---- .---- -- --- -.. _ - -- --. nn n- - - -- - n - - - _u- Affiliate. Shall have the meaning set forth in the Act. Agent. An agent or servant. Agreement. This Agreement, as defined in Section 1 of the General Terms and Conditions. All (Private Switch Automatic Location Identification Database). The emergency services (E-911) database controlled by Verizon containing Ymax 10 Camp v2. caller address/location information including the carrier name, National Emergency Numbering Administration (NENA) 10, Call Back Number, and other carrier information used to process caller location records. 2.7 Ancillary Traffic. All traffic that is destined for ancillary services, or that may have special billing requirements, including but not limited to the following: directory assistance 911/E-911 , 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. .--___ n .- Mooda~ through Eriday,excepUor bolidaysobseNed_y VerizooL. n. .- - -- - n - - - - -- -- --. - - Calendar Quarter. Ymax ID Camp v2. 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. - -- -- -- -- - - - - _U- - - ----. -- - Ymax ID Camp v2. 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). 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. Ymax is or shortly will become a CLEC 2.21 CLL! Codes. Common Language Location Identifier Codes. CMOS (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. Controlling 911 Authority. The duly authorized state, county or local government agency empowered by law to oversee the 911/E-911 services, operations and systems within a defined jurisdiction. ---.--- -'- u- -- n__- - ..- -- -- -- -- - 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. 9222. 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 othersuitable frame or panel). Customer. n--_n_-- __- -- -- ---- Ymax 10 Camp v2. 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 Ymax Central Office, but. in either case. that has not been activated through connection to multiplexing, aggregation or other electronics that "light it" andthereby render it capable of carrying Telecommunications Services. Dark Fiber Loop. Consists of fiber optic strand(s) in 'a Verizon fiber optic cable between Verizon accessible terminal. such as the fiber distribution frame, or its functionalequivalent. located within a Verizon Wire Center. and Verizon s accessibleterminal 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 Verizonaccessible terminal at a Verizon remote terminal equipment enclosure, (b)between Verizon s accessible terminal at a Verizon remote terminal equipment enclosure andVerizon s accessible terminal located in Verizon s maintermination point located within a Customer premises, or (c) between Verizonaccessible terminals at Verizon remote terminal equipment enclosures, and thatin all cases has not been activated through connection to electronics that "light" itand render it capable of carrying Telecommunications Services. Default PSAP. The PSAP designated to receive a 911/E-911 Call in the event the 911 Tandem Office/Selective Router is unable to determine the Designated PSAP. Designated PSAP. . -- -- -- _n -- - -- -- ----- -- --- - - -- - - - -- --- -- - u --- - --- - -- The primary PSAP designated by the Controlling 911 Authority to receive a 911/E-911 Call based upon the geographic location of the end user. 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). 2.42 2.43 The 44.736 Mbps third-level signal in the time-division multiplex hierarchy. EMI (Exchange Message Interface). Standard used for the interexchange of telecommunications message information between local exchange carriers and interexchange carriers for billable , non- billable, sample, settlement and study data. Data is provided between companies via a unique record layout that contains Customer billing information account summary and tracking analysis. EM! 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. 2.40 Entrance Facility. The facilities between a Party's designated premises and the Central Office serving that designated premises. 2.41 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 trafficthat 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. 2A4-. ~GC-lnternet-OrdeF".n-- om 2.45 2.46 Ymax ID Camp v2. - -- - . n --- u -- _n - - Order on Remand and Report and Order In the Matter of Implementation of the Local Competition Provisions in the Telecommunications Act of 1996 IntercarrierCompensation for ISP Bound Traffic FCC 01-131 , CC Docket Nos. 96-98 and99-, (adopted April 18, 2001). FCC Regulations. The unstayed , effective regulations promulgated by the FCC, as amended fromtime 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. Ymax ID Camp v2. 2.47 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). 2.48 IDLC (Integrated Digital Loop Carrier). A subscriber Loop carrier system that integrates within the switch at a DS1level which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps digital signal. 2.49 ILEC (Incumbent Local Exchange Carrier). Shall have the meaning stated in the Act. Information Access. The provision of specialized exchange telecommunications services in connection with the origination , termination , transmission, switching, forwarding or routing of telecommunications traffic to or from the facilities of a provider of information services , including a provider of Internet access or Internet transmission services. Inside Wire or Inside Wiring. All wire, cable, tetminals, 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 (BRJ- ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and one (1) 16 kbps data and signaling channel (2B+0). 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 Ymax ID Camp v2. IntraLATA Telephone Toll Services. LATA (Local Access and Transport Area). Shall have the meaning set forth in the Act. LEC (Local Exchange Carrier). Shall have the meaning set forth in the Act. LERG (Local Exchange Routing Guide). A Telcordia Technologies reference containing NPAlNXX routing and homing information. LlDB (Line Information Data Base). Line Information databases which provide, among other things, calling card validation functionality for telephone line number cards issued by Verizon and other entities and validation data for collect and third number-billed calls (e. data for billed number screening). Line Side. An End Office 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 Customers 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 jJarties 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. Ymax 10 Camp v2. 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 (10XXXl101XXXX) basis, are not considered Measured Internet Traffic. For the avoidance of any doubt, Virtual Foreign Exchange Traffic (i., 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 A TIS. The MECAB document, published by A TIS as "A TIS/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. 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 A TIS. 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 a3-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. 911/E-911 Call(s). A call(s) made by the Ymax end user by dialing the three digit telephone number 911" to facilitate the reporting of an emergency requiring response by a public safety agency. 2.75 2.79 81 - Ymax 10 Camp v2. 911/E-911 Service Provider. An entity authorized to provide 911/E-911 network and database services within a particular jurisdiction. 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 1 O-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 (Le. the first three digits of a seven-digit telephone number). Order. An order or application to provide, change or terminate a Service (including, but not limited to, a commitment to purchase a stated number or minimum number of lines or other Services for a stated period or minimum period of time). Originating Switched Access Detail Usage Data. A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200- 010. POI (Point of Interconnection). The physical location where the Parties' respective facilities physically 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. way of example, a technically feasible Point of Interconnection on Verizon network iri 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 Ymax Wire Center, Ymax switch or any portion of a transport facility provided by Verizon to Ymax or another party between (x) c;I Verizon Wire Center or switch and (y) the Wire Center or switch of Ymax or another party. Port. Ymax ID Camp '-'2. 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 ofthe 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. PSAP. Public Safety Answering Point. Purchasing Party. A Party requesting or receiving a Service from the other Party under this Agreement. Rate Center Area. The geographic area that has been identified by a given LEC as being associated with a particular NPA-NXX code assigned to the LEC for its provision of Telephone Exchange Services. The Rate Center Area is the exclusive geographic area that the LEC has identified as the area within which it will provide Telephone Exchange Services bearing the particular NPA-NXX designation associated with the specific Rate Center Area. Rate Center Point. A specific geographic point, defined by a V&H coordinate, located within the Rate Center Area and used to measure distance for the purpose of billing for distance- sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia Practice BR-795-100-100, the Rate Center Point may be an End Office location or a "LEC Consortium Point Of Interconnection. Rate Demarcation Point. The physical point in a Verizon provided network facility at which Verizon 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. Ymax ID Camp v2. The arrangement for recovering, in accordance with Section 251(b)(5) of the Act the FCC Internet Order, and other applicable FCC orders and FCC Regulations costs incurred for the transport and termination of Reciprocal Compensation Traffic originating on one Party s network and terminating on the other Party network (as set forth in Section 7 of the Interconnection Attachment). Reciprocal Compensation Traffic. Telecommunications traffic originated by a Customer of one Party on that Party network and terminated to a Customer of the other Party on that other Party network, except for Telecommunications traffic that is interstate or intrastate Exchange Access, Information Access, or exchange services for Exchange Access or Information Access. The determination of whether Telecommunications traffic is Exchange Access or Information Access shall be based upon Verizon s local calling areas as defined by Verizon. Reciprocal Compensation Traffic does not include the following traffic (it being understood that certain traffic types will fall into more than one (1) of the categories below that do not constitute Reciprocal Compensation Traffic): (1) any Internet Traffic; (2) traffic that does not originate and terminate within the same Verizon local calling area as defined by Verizon, and based on the actual originating and terminating points of the complete end-ta-end communication; (3) Toll Traffic including, but not limited to, calls originated on a 1+ presubscription basis , or on a casual dialed (1 OXXX/1 01XXXX) 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 Loca! Calling Scope Arrangement, but does not include a Verizon optional Extended Local Calling Scope Arrangement. Retail Prices. The prices at which a Service is provided by Verizon at retail to subscribers who are not Telecommunications Carriers. Routing Point. A specific geographic point identified by a specific V&H coordinate. The Routing Point is Used tcfr6ute inbollnd traffit 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 Ymax 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 FDlthat subtends the End Office. 100 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 0, 700 access, 800 access, 888 access and 900 access. 101 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. Sometimes this term is used to refer to a telephone company building in which switching systems and telephone equipment are installed. 102 Tariff. 102.1 . Any applicable Federal or state tariff ofa Party, as amended from time to time; or 102.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. 103 Telcordia Technologies. Telcordia Technologies, Inc., formerly known as Bell Communications Research Inc. (Bellcore). 104 Telecommunications Carrier. Ymax 10 Camp v2. Shall have the meaning set forth in the Act. 105 Telecommunications Services. Shall have the meaning set forth in the Act. 106 Telephone Exchange Service. Shall have the meaning set forth in the Act. 107 Terminating Switched Access Detail Usage Data. A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200- 010. 108 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. 109 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 "IntraLATA Toll Traffic" or "lnterLATA Toll Traffic , depending on whether the originating and terminating points are within the same LATA. 110 Toxic or Hazardous Substance. Any substance designated or defined as toxic or hazardous under any Environmental Law" or that poses a risk to human health or safety, or the environment, and products and materials containing such substance. Environmental Laws" means the Comprehensive Environmental Response Compensation , and Liability Act, the Emergency Planning and Community Right- to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, the Occupational Safety and Health Act, and all other Federal, State or local laws or governmental regulations or requirements, tRat 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. 111 Traffic Fador 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. ((InterstateTraffic Total Minutes of Use (excluding Measured Internet Traffic Total Minutes of Use) ~ (Interstate Traffic Total Minutes of Use + Intrastate Traffic Total Minutes of Use)) 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 Ymax IDCamp v2. or "PIU. 112 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. mReciprocal Compensation Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Use).;- (Intrastate 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. 113 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. 114 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. 115 V and H Coordinates Method. A method of computing airline miles between two points by utilizing an established formula that is based on the vertical and horizontal coordinates of the two points. 116 Voice Grade. Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per second.- When referring to digital Voice Grade service (a 56-64 kbps channel). the terms "DSO" or "sub-DS1" may also be used. 117 Wire Center. A building or portion thereof which serves as the premises for one or more End Offices. Tandems and related facilities. 118 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. Ymax 10 Camp v2. ADDITIONAL SERVICES ATTACHMENT Alternate Billed Calls The Parties will engage in settlements of intra LA T A intrastate alternate-billed calls~, collect, tailing 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 Ymax. Such services will be provided in accordance with the terms set forth herein. Listing Information. As used herein , " Listing Information" means a Ymax 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. Ymax 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 Ymax Customer whose service address location falls within the geographic area covered by the relevant Verizon directory. Ymax shall also provide to Verizon on a daily basis: (a) information showing Ymax Customers who hc;ive disconnectedor temiinated their serVice with Ymax; and (b) delivery information for each non-listed or non-published Ymax Customer to enable Verizon to perform its directory distribution responsibilities. Verizon shall promptly provide to Ymax (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 Ymax 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 Ymax 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 Ymax 10 Camp v2. Ymax ID Camp v2. number. Listings of Ymax s Customers shall be interfiled with listings of Verizon s Customers and the Customers of other LECs included in the Verizon directories. Ymax shall pay Verizon s Tariffed charges for additional, foreign, and other listings products (as documented in local Tariff) for Ymax s Customers. 4.4 Verizon Information. Upon request by Ymax, Verizon shall make available to Ymax 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 Ymax, on Verizon s Wholesale website (or, at Verizon s option, in writing) Verizon s directory listings standards and specifications. 4.5 Confidentiality of Listing Information. Verizon shall accord Ymax Listing Information the same level of confidentiality that Verizon accords its own listing information, and shall use such Usting Information solely for the purpose of providing directory-related services; provided, however, that should Verizon elect to do so, it may use or license Ymax Listing Information for directory publishing, direct marketing, or any other purpose for which Verizon uses or licenses its own listing information , so long as Ymax Customers are not separately identified as such; and provided further that Ymax 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 Ymax for Verizon s use or licensing of Ymax Listing Information. Accuracy. Both Parties shall use commercially reasonable efforts to ensure the accurate publication of Ymax Customer listings. At Ymax s request, Verizon shall provide Ymax with a report of all Ymax Customer listings in a reasonable timeframe prior to the service order close date for the applicable directory. Verizon shall process any corrections made by Ymax with respect to its listings, provided such corrections are received prior to the close date of the particular directory. Indemnification. Ymax shall adhere to all practices, standards, and ethical requirements established by Verizon with regard to listings. By providing Verizon with Listing Information , Ymax warrants to Verizon that Ymax has the right to provide such Listing Information to Verizon on behalf of its Customers. Ymax 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. Ymax 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 Ymax hereunder. Liability. Verizon s liability to Ymax in the event of a Verizon error in or omission of a Ymax Customer listing shall not exceed the amount actually paid by Ymax to Verizon for such listing. Ymax 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 Ymax 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 Ymax 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. Ymax s NXX codes shall appear in such lists in the same manner as Verizon s NXX information. In addition, when Ymax is authorized to, and is offering, local service to Customers located within the geographic area covered by a specific directory, at Ymax s request, Verizon shall include, at no charge, in the "Customer Guide" or comparable section of the applicable alphabetical directories, Ymax s critical contact information for Ymax installation, repair and Customer service, as provided by Ymax. Such critical contact information shall appear alphabetically by local exchange carrier and in accordance with Verizon s generally applicable policies. Ymax 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. Ymax acknowledges that if Ymax desires directory services in addition to those described herein, such additional services must be obtained under separate agreement with Verizon s directory publishing company. Voice Information Service Traffic For purposes of this Section 5, (a) Voice Information Service means a service that provides (i) recorded voice announcement information or (ii) a vocal discussion program open to the public, and (b) Voice Information Service Traffic means intraLATA switched voice traffic, delivered to a Voice Inforrnation 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 :nterconnection Attachment. If a Ymax Customer is served by resold Verizon dial tone line Telecommunications Service or a Verizon Local Switching UNE, to the extent reasonably feasible, Verizon will route Voice Information Service Traffic originating from such Service or UNE to the appropriate Voice Information Service connected to Verizon s network unless a feature blocking such Voice Information Service Traffic has been installed. For such Voice Information Service Traffic, Ymax shall pay to Verizon without discount any Voice Information Service provider charges billed by Verizon to Ymax. Ymax shall pay Verizon Ymax 10 Camp v2. such charges in full regardless of whether or not Ymax collects such charges from its Customer. Ymax 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 'vmax exercises such option , Ymax 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 Ymax to route Voice Information Service Traffic originated on its network to Verizon. For such Voice Information Service Traffic, unless Ymax has entered into a written agreement with Verizon under which Ymax will collect from Ymax Customer and remit to Verizon the Voice Information Service provider s charges, Ymax shall pay to Verizon without discount any Voice Information Service provider charges billed by Verizon to Ymax. Ymax shall pay Verizon such charges in full regardless of whether or not Ymax collects such charges from itsown Customer. Intercept and Referral Announcements When a Customer changes its service provider from Verizon to Ymax, or from Ymax 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 tw.enty (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 t9 the other Party; provided that the Party formerly providing service may bill the Cusfomer its standard Tariff tharge~ irani, for theteferi"alarlflOlJr1Cement. Originating Line Number Screening (OLNS) Upon Ymax 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 calis originating from the calling number (e., penal institutions, COCOTS). Operations Support Systems (OSS) Services Definitions. Ymax ID Camp v2. The terms listed below shall have the meanings stated below: Ymax 10 Camp v2. 1.4 Verizon Operations Support Systems: Verizon systems for pre- ordering, ordering, provisioning, maintenance and repair, and billing. Verizon ass Services: Access to Verizon Operations Support Systems functions. The term "Verizon ass Services" includes, but is not limited to: (a) Verizon s provision of Ymax Usage Information to Ymax pursuant to Section 8.3 of this Attachment; and, (b) "Verizon ass Information , as defined in Section 8.1.4 of this Attachment. Verizon ass Facilities: Any gateways, interfaces, databases facilities, equipment, software, or systems, used by Verizon to provide Verizon ass Services to Ymax. Verizon ass Information: Any information accessed by, or disclosed or provided to, Ymax through or as a part of Verizon ass Services. The term "Verizon ass Information" includes, but is not limited to: (a) any Customer Information related to a Verizon Customer or a Ymax Customer accessed by, or disclosed or provided to, Ymax through or as a part ofVerizon ass Services; and, (b) anyYmax Usage Information (as defined in Section 8.6 of this Attachment) actessed by, or disclosed or provided to, Ymax. Verizon Retail Telecommunications Service: Any Telecommunications Service that Verizon provides at retail to subscribers that are not Telecommunications Carriers. The term "Verizon Retail Telecommunications Service" does not include any Exchange Access service (as defined in Section 3(16) of the Act 47 C. ~ 153(16)) provided by Verizon. Ymax Usaqe Information: For a Verizon Retail Telecommunications Service purchased by Ymax pursuant to the Resa!e 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 Ymax 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 oyoj Customer of the services or products ofaParty. Verizon ass Services. 8.2.2 Upon request by Ymax, Verizon shall provide to Ymax Verizon ass Services. Such Verizon ass 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, VerizonOperations Support Systems functions Verizon ass Facilities, Verizon ass Information, and the Verizonass 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 ass Ymax 10 Camp v2. Facilities, Verizon ass Information, and the Verizon ass Services from time-to-time, without the consent of Ymax. To the extent required by Applicable Law, in providing Verizon ass Services to Ymax, Verizon will comply with Verizon s applicable ass Change Management Guidelines, as such Guidelines are modified from time-to-time, including, but not limited to, the provisions of the Guidelines related to furnishing notice of changes in Verizon ass Services. Verizon s ass Change Management Guidelines will be set out on a Verizon website. Ymax Usage Information. 3.4 Upon request by Ymax, Verizon shall provide to Ymax Ymax Usage Information. Such Ymax Usage Information will be provided in accordance with, but only to the extent required by, Applicable Law. Ymax Usage Information will be available to Ymax through the following: 3.2.Daily Usage File on Data Tape. Daily Usage File through Network Data Mover (NDM). Ymax Usage Information will be provided in an ATIS EMI 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 Ymax Usage Information will be provided to Ymax shall be determined by Verizon. 8.4. Access to and Use of Verizon ass Facilities.8.4 8.4.2 8.4. 8.4.4 Verizon ass Facilities may be accessed and used by Ymax only to the extent necessary for Ymax s access to and use of Verizon ass Services pursuant to this Agreement. Verizon ass Facilities may be accessed and used by Ymax only to provide Telecommunications Services to YmaxCustomers. Ymax shall restrict access to and use of Verizon ass Facilities to Ymax. This Section 8 does not grant to Ymax any right or license to grant sublicenses to other persons, or permission to other persons (except Ymax s employees, agents and contractors, in accordance with Section 8.4.7 of this Attachment), to access or use Verizon ass Facilities. Ymax shall not (a) alter, modify or damage the Verizon ass Facilities (including, but not limited to, Verizon software), (b) copy, remove derive, reverse engineer, or decompile, software from the Verizon ass Facilities, or (c) obtain access through Verizon ass Facilities to Verizon databases, facilities, equipment, software, or systems, which are not offered for Ymax s use under this Section 8. Ymax 10 Camp v2. 8.4. 8.4. Ymax shall comply with all practices and procedures established by Verizon for access to and use of Verizon ass 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 ass Facilities, and all access and user identification codes for Verizon ass Facilities: (a) shall remain the property of Verizon; (b) shall be used by Ymax only in connection with Ymax s use of Verizon ass Facilities permitted by this Section 8; (c) shall be treated by Ymax as Confidential Information ofVerizon pursuant to Section 10 of the General Terms and Conditions; and, (d) shall be destroyed or returned by Ymax to Verizon upon the earlier of request by Verizon or the expiration or termination of this Agreement Ymax s employees, agents and contractors may access and use Verizon ass Facilities only to the extent necessary for Ymax s access to and use of the Verizon ass Facilities permitted by this Agreement. Any access to or use of Verizon ass Facilities by Ymax 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. 8.5. Verizon ass Information. 8.5.2 Subject to the provisions of this Section 8 , in accordance with , but only to the extent required by, Applicable Law, Verizon grants to Ymax a non-exclusive license to use Verizon ass Information. All Verizon ass Information shall at all times remain the property Venzon. Except as expressly stated in this Section 8, Ymax shaH acquire no rights in or to any Verizon ass Information. The provisions of this Section 8.3 shall apply to all Verizon ass Information, except (a) Ymax Usage Information , (b) CPNI of Ymax and (c) CPNI of a Verizon Customer or a Ymax Customer, to the extent the Customer has authorized Ymax to use the CPNI. Verizon ass Information may be accessed and used by Ymax only to provide Telecommunications Services to Ymax Customers. 3.2 Ymax shall treat Verizon ass Information that is designated by Verizon, through written or electronic notice (including, but not limited to, through the Verizon ass Services), as "Confidential" or "Proprietary" as Confidential I nformation 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 Ymax any right or license to grant sublicenses to other persons, or permission to other persons (except Ymax s employees, agents or contractors in accordance with Section 8.3.4 of this Attachment), to access, use or disclose Verizon ass Information. Ymax 10 Camp v2. 5.4 3.4 Ymax s employees , agents and contractors may access use and disclose Verizon ass Information only to the extent necessary for Ymax s access to, and use and disclosure of, Verizon ass Information permitted by this Section 8. Any access to, or use or disclosure of, Verizonass Information by Ymax 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. Ymax s license to use Verizon ass Information shall expire upon the earliest of: (a) the time when the Verizon ass Information is no longer needed by Ymax to provide Telecommunications Services to Ymax Customers; (b) termination of the license in accordance with this Section 8; or (c) expiration or termination of this Agreement. All Verizon ass information received by Ymax shall be destroyed or returned by Ymax to Verizon, upon expiration suspension or termination of the license to use such Verizon ass 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), Ymax s access to Verizon ass Information through Verizon ass _Services shall terminate upon the expiration or termination of this Agreement. Audits. Verizon shall have the right (but not the obligation) to audit Ymax to ascertain whether Ymax is complying with the requirements of Applicable Law and this Agreement with regard to Ymax s access to, and use and disclosure of Verizon ass Information. Without in any way limiting any other rights Verizon may have under this Agreement or Applicable Law, Verizon shall have the right (butnotthe oblig_ationHo rnonitorYmax access to and use of Verizon ass Information which is made available by Verizon to Ymax pursuant to this Agreement, to ascertain whether Ymax is complying with the requirements of Applicable Law and this Agreement with regard to Ymax 's access to, and use and disclosure of such Verizon ass Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor Ymax s access to and use of Verizon ass Information which is made available by Verizon to Ymax through Verizon ass Facilities. Information obtained by Verizon pursuant to this Section 5 shall be treated by Verizon as Confidential Information of Ymax 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 Ymax ID Camp v2. by Verizon pursuant to Section 8.5 of this Attachment to enforce Verizon s rights under this Agreement or Applicable Law. Ymax acknowledges that the Verizon ass Information, by its nature is updated and corrected on a continuous basis by Verizon, and therefore that Verizon ass Information is subject to change from time to time. Liabilities and Remedies. Any breach by Ymax, or Ymax 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 Ymax or an employee, agent or contractor of Ymax 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 Ymax, to suspend the license to use Verizon ass Information granted by Section 8.1 of this Attachment and/or the _provision of Verizon ass Services, in whole or in part. 6.2 Ymax agrees that Verizon would be irreparably injured by a breach of Sections 8.4 or 8.5 of this Attachment by Ymax or the employees agents or contractors of Ymax, 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 jaw or in equity. Relation to Applicable Law. The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the confidentiality of information shall be in addition to and not in derogation of any provisions of Applicable Law with regard to the confidentiality of information, including, but not limited to, 47 U.C. 9 222, and are not intended to constitute a waiver by Verizon of any right with regard to protection of the confidentiality of the information of Verizon or Verizon Customers provided by Applicable Law. Cooperation. Ymax, at Ymax s expense, shall reasonably cooperate with Verizon in using Verizon ass Services. Such cooperation shall include, but not be limited to, the following: Upon request by Verizon, Ymax 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 ofass transaction that Ymax anticipates submitting in each week of the next Calendar Quarter. 8.2 Ymax shall reasonably cooperate with Verizon in submitting orders for Verizon Services and otherwise using the Verizon ass Services, in order to avoid exceeding the capacity or capabilities of such Verizonass Services. Ymax shall participate in cooperative testing of Verizon ass Services and shall provide assistance to Verizon in identifying and correcting mistakes, omissions, interruptions , delays, errors, defects, faults failures, or other deficiencies, in Verizon ass Services. Verizon Access to Information Related to Ymax Customers. Verizon shall have the right to access, use and disclose information related to Ymax Customers that is in Verizon s possession (including, but not limited to, in Verizon ass Facilities) to the extent such access use and/or disclosure has been authorized by the Ymax Customer in the manner required by Applicable Law. Upon request by Verizon, Ymax shall negotiate in good faith and enter into a contract with Verizon, pursuant to which Verizon may obtain access to Ymax 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 io Ymax Customers (as authorized by the applicable Ymax 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. (Intentionally Left Blank). 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. Poies, Ducis, Conduits and Rights-at-Way Verizon shall afford Ymax 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 acceptClble agreement to be negotiated by the Parties. YmCix. ~h~l~ affo!d Verizon n(:m discriminatory access to poles, ducts, conduits and rights-of-way owned or controlled by Ymax~ Such access shall be provided pursuant to Ymax s applicable Tariffs, or, in the absence of an applicable Ymax Tariff, Ymax 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 Ymax for such access shall be no less favorable than the terms, conditions and prices offered to Ymax by Verizon for access to poles, ducts, conduits and rights of way owned or controlled by V edzon. 10. Telephone Numbers10. Ymax ID Camp v2. This Section applies in connection with Ymax Customers served by Telecommunications Services provided by Verizon to Ymax for resale or a Local Switching Network Element provided by Verizon to Ymax. 10.Ymax 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. 10.Subject to Sections 10.2 and 10.4 of this Attachment, if a Customer of either Verizon or Ymax 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 Ymax, from Ymax to Verizon, or from Ymax 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. 10.4 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 Ymax for resale, the type or class of service subscribed to by the Customer changes. If service on a VTS or VLSNE provided by Verizon to Ymax under this Agreement is terminated and the telephone numbers associated with such VTS or VLSNE have not been ported to a Ymax 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, Ymax, or Telecommunications Carriers other than Verizon and Ymax. 10. 10.Ymax may reserve telephone numbers only to the extent Verizon s Customers may reserve telephone numbers. 11.Routing for Operator Services and Directory Assistance Traffic For a Verizon Telecommunications Service dial tone line purchased by Ymax for resale pursuant to the Resale Attachment, upon request by Ymax, Verizon will establish an arrangement that will permit Ymax to route the Ymax Customer s calls for operator and directory assistance services to a provider of operator and directory assistance services selected by Ymax. -Verizon will provideJhis routingarrangementi!1accordance with, but orily to the extent required by, Applicable Law. Verizon will provide this routing arrangement pursuant to an appropriate written request submitted by Ymax and a mutually agreed-upon schedule. This routing arrangement will be implemented at Ymax s expense, with charges determined on an individual case basis. In addition to charges for initially establishing the routing arrangement, Ymax will be responsible for ongoing monthly and/or usage charges for the routing arrangement Ymax shall arrange at its own expense, the trunking and other facilities required to transport traffic to Ymax 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 Ymax 10 Camp v2. 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 Ymax 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 time frames), either Party may utilize the Agreement's dispute resolutionprocedures. Ymax 10 Camp v2. General INTERCONNECTION ATTACHMENT 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 Ymax Wire Center, Ymax switch or any portion of a transport facility provided by Verizon to Ymax or another party between (x) a Verizon Wire Center or switch and (y) the Wire Center or switch of Ymax or another party. For brevity's sake, the foregoing examples of locations that, respectively, are and are not "on Verizon s network" shall apply (and are hereby incorporated by reference) each time the term "on Verizon network" is used in this Agreement. Points of Interconnection and Trunk Types Point(s) of Interconnection. Each Party, at its own expense, shall provide transport facilities to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA selected by Ymax. Trunk Types. In interconnecting their networks pursuant to this Attachment, the Parties will use, as appropriate, the following separate and distinct trunk groups: 2.2. Ymax 10 Camp v2. Interconnection Trunks for the transmission and routing of Reciprocal Compensation Traffic, translated LEC IntraLA T A toll free service access code (e., 800/888/877) traffic, and IntraLATA-TolI-Traffic; between theirrespective 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 Ymax 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 Ymax 10 Camp v2. 2.2. 2.4 IntraLA T AIlnterLA T A toll free service access code (e. 800/888/877) traffic. Other types of trunk groups may be used by the Parties as provided in other Attachments to this Agreement (e., 911/E-911 Trunks) or in other separate agreements between the Parties (e., directory assistance trunks, operator services trunks, BLV/BLVI trunks or trunks for 500/555 traffic). In accordance with the terms of this Agreement, the Parties will deploy One-Way Interconnection Trunks (trunks with traffic going in one direction, including one-way trunks and uni-directional two-way trunks) and/or Two-Way Interconnection Trunks (trunks with traffic going in both directions). Ymax shall establish , at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA, separate Interconnection Trunk group(s) between such POles) and each Verizon Tandem in a LATA with a subiending End Office(s) to which Ymax 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 (H) if Two-Way Interconnection Trunks are used , Ymax 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 Interconoection on_Verlzon s network cmdaVerizon 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, Ymax 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 Ymax to Verizon , Ymax, at Ymax s own expense, shall: Ymax 10 Camp v2. 2.4 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 obtain transport for delivery of the traffic to the technically feasible Point(s) of Interconnection on Verizon s network in a LATA (a) from a third party, or, (b) if Verizon offers such transport pursuant to this Agreement or an applicable Verizon Tariff, from Verizon. 1.2 For each Tandem or End Office One-Way Interconnection Trunk group for delivery of traffic from Ymax 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, Ymax 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 percent (85%) for all high usage trunk groups. In the event Ymax 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 Ymax 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 Ymax, 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 Ymax, Ymax, 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 2.4.1.2 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 tflis A"greeiiieriton:iiiuapplitCiole VerizbrtTariff;-from Verizon. Where the Parties use Two-Way Interconnection Trunks for the exchange of traffic between Verizon and Ymax, 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, Ymax 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 Gentium 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 Ymax 10 Camp v2. 2.4.4 2.4. 2.4. 2.4. 2.4. 2.4. 2.4. a LATA at which the Parties intercannect far the exchange af traffic. Where the Parties have agreed to. canvert existing One-Way Intercannection Trunks to Twa-Way Interconnectian Trunks, at the Jaint Planning Meeting, the Parties shall also mutually agree an the conversion process and project intervals for conversian of such One- Way Interconnectian Trunks to. Twa-Way Intercannection Trunks. On a semi-annual basis, Ymax shall submit a goad faith forecast to. Verizan of the number af End Office and Tandem Twa-Way Intercannection Trunks that Ymax anticipates Verizon will need to. provide during the ensuing two. (2) year periad far the exchange af traffic between Ymax and Verizan. Ymax s trunk farecasts shall canfarm to. the Verizan CLEC trunk farecasting guidelines as in effectat that time. The Parties shall meet (telephanically ar in persan) from time to. time as needed, to review data an End Office and Tandem Two~Way Intercannection Trunks to. determine the need far new trunk groups and to. pian any necessarychariges in the number af Two-Way Interconnection Trunks. Twa-Way Interconnectian Trunks shall have SS7 Camman Channel Signaling. The Parties agree to. utilize B8ZS and Extended Super Frame (ESF) DS1 facilities, where available. With respect to End Office Twa-Way Intercannection Trunks, bath Parties shall use an ecanamic Centium Call Secands (Hundred Call Secands) equal to. five (5). Either Party may disconnect End Office Twa-Way Intercannectian Trunks that, based an reasanable engineering criteria and capacity canstraints, are nat warranted by the actual traffic volume experienced. Twa-Way Intercannectian Trunk groups that cannect to. a Verizan access Tandem shall be engineered using a design blacking abjective af Neal-Wilkinson B.005 during the average time consistent busy haur. Twa-Way Interconnectian Trunk groups that connect to. a Verizan lacal Tandem shall be engineered using a design blacking abjective af Neal-Wilkinson B.01 during the average time cansistent busy haur. Verizan and Ymax shall engineer Two-Way Interconnection Trunks using Telcardia Nates an the Netwarks SR 2275 (farmerly knawn as . i:30c; Nat~sar1 theLEC NetyJ()rks SI3-T~V-002275). The perfarmance standard far final Twa-Way Intercannectian Trunk groups shall be that no. such Intercannectian Trunk group will exceed its design blacking abjective (8.005 ar 8.01 , as applicable) far three (3) consecutive calendar traffic study months. Ymax shall determine and arder the number af Twa-Way Intercannectian Trunks that are required to. meet the applicable design blacking abjective for all traffic carried an each Twa-Way Intercannectian Trunk group. Ymax shall arder Twa-Way Intercannectian Trunks by submitting ASRs to. Verizan setting farth the number af Twa-Way Intercannectian Trunks to be installed and the requested installatian dates within Verizan~s effective standard intervals ar negotiated intervals, as appropriate. Ymax shall camplete ASRs in accardance with OBF Guidelines as in effect from time totime. 2.4. 2.4. 2.4. 2.4. Verizon may (but shall not be obligated to) monitor Two-Way Interconnection Trunk groups using service results for the applicable design blocking objective. If Verizon observes blocking in excess of the applicable design objective on any Tandem Two-Way Interconnection Trunk group and Ymax has not notified Verizon that it has corrected such blocking, Verizon may submit to Ymax a Trunk Group Service Request directing Ymax to remedy the blocking. Upon receipt of a Trunk Group Service Request, Ymax 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. Ymax 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, Ymax 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 Ymax 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 Ymax 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 Ymax 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. Ymax 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 Ymax to a Verizon End Office will first be routed to the End Office Interconnection Trunk group between Ymax and the Verizon End Office. Alternative Interconnection Arrangements Ymax 10 Camp v2. Fiber Meet Arrangement Provisions. 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 Ymax 10 Camp v2. 1.2 1.4 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 arrangement including, but not limited to, the location of the Fiber Meet points, routing, equipment (e., specifications of Add/Drop 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 3 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 shaH be used oniy for the transmission and routing of Reciprocal Compensation Traffic, translated LEC IntraLATA toll free service access code (e. BOO/BBB/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 InterLATA toll free service access code (e.BOO/88B/B77) traffic, between Ymax Telephone Exchange Service Customers and purchasers of Switched - Exehange AccessServiee via-aVerizon 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., 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. Ymax will include traffic to be exchanged over Fiber Meet arrangements in its forecasts provided to Verizon under thisAgreement. Initiating Interconnection If Ymax 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, Ymax 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) Ymax s intended Interconnection activation date; (d) a forecast of Ymax s trunking requirements conforming to Section 14. of this Attachment; and (e) such other information as Verizon shall reasonably request in order to facilitate Interconnection. The interconnection activation date in the new LATA shall be mutually agreed to by the Parties after receipt by Verizon of all necessary information as indicated above. Within ten (10) Business Days of Verizon s receipt of Ymax s notice provided for in Section 4.1 of this Attachment, Verizon and Ymax 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 Ymax ID camp v2_ Scope of Traffic. Section 5 prescribes parameters for Interconnection Trunks used for Interconnection pursuant to Sections 2 through 4 of this Attachment. Trunk Group Connections and Ordering. 5.2.2 For both One-Way and Two-Way Interconnection Trunks, if Ymax wishes to use a technically feasible interface other than a OS 1 or a OS3 facility atthe 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 . d.i~pu!EJ.resQlutionprocegu~e~. When One-Way or Two-Way Interconnection Trunks are provisioned using a OS3 interface facility, if Ymax orders the multiplexed OS3 facilities to a Verizon Central Office that is not designated in the NECA 4 Tariff as the appropriate Intermediate Hub location (Le., the Intermediate Hub location in the appropriate Tandem subtending area based on the LERG), and the provision of such facilities to the subject Central Office is technically feasible, the Parties shall negotiate in good faith reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such arrangement; and, if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement's dispute resolution procedures. 5.2.4 5.2. 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. For multi-frequency (MF) signaling each Party will out pulse ten (10) digits to the other Party, unless the Parties mutually agree otherwise. 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 Ymax 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 (Le., traffic will be routed to the appropriate Verizon Tandem subtended by the terminating End Office serving the Verizon Customer). For purposes of routing Veriz.on traffic to Ymax, the subtending arrangements between Ymax Tandems and Ymax End Offices shall be the same as the Tandem/End Office subtending arrangements that Ymax maintains for the routing of its own or other carriers' traffic. Signaling. Each Party will provide the other Party with access to its databases and associated signaling necessary for the routing and completion of the other Party s traffic in accordance with the provisions of this Agreement and any ",nnlif'",hlo T"'riff ~,.".,..~~~.~ .~..... 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) iiff6fmati6n 6ri afleast -riinety=fivEfpercent (95%)of calls- cattieablJertne Interconnection Trunks. Ymax 10 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 Ymax 10 Camp v2, direct proportion to the minutes of use of calls passed with CPN information. If the originating Party passes CPN on less than ninety-five percent (95%) of its calls and the originating Party chooses to combine Reciprocal Compensation Traffic and Toll Traffic on the same trunk group, the receiving Party shall bill the higher of its interstate Switched Exchange Access Service rates or its intrastate Switched Exchange Access Services rates for all traffic that is passed without CPN, unless the Parties agree that other rates should apply to such traffic. 6.2 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 TrafficRate 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 Factorsshall 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:, thateitl1er Rarty-sl1all have tile 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 Ymax Customer receives V/FX Traffic, Ymax 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 i3ctually physically located) and shall not bill Verizon Reciprocal Compensation, intercarrier compensation or any other charges for calls placed by Verizon s Customers to such Ymax Customers. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act Reciprocal Compensation. 7.2 Ymax ID Camp v2. 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 Ymax shall pay Verizon) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic Ymax 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 (Ymax shall pay Verizon) the Tandem Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic Ymax delivers to Verizon; it also being understood and agreed that Ymax shall charge (and Verizon shall pay Ymax) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic Verizon delivers to Ymax. 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 Ymax, or delivered by Ymax 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, Ymax shall also pay Verizon, at the rates set forth in the Pricing Attachment, for any multiplexing, cross connects or other collocation related Services that Ymax 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' 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. 7.2,- Reeiprocal Compensation shall not apply to interstate or intrastate Exchange Access (including, without limitation, Virtual Foreign Exchange Traffic (Le., V/FX Traffic), Information Access, or exchange services for Exchange Access or Information Access. Reciprocal Compensation shall not apply to Internet Traffic. Reciprocal Compensation shall not apply to Toll Traffic, including, but not limited to, calls originated on a 1 + presubscription basis, or on a casual dialed (1 OXXX/1 01 XXXX) basis. Reciprocal Compensation shall not apply to Optional Extended Local Calling Scope Arrangement Traffic. 7.2.Reciprocal Compensation shall not apply to special access, private line, or any other traffic that is not switched by the terminating Party. 8.4 Ymax 10 Camp v2. 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 (Le., V/FX Traffic). As used in this Agreement, "Virtual Foreign Exchange Traffic" or "V/FX Traffic" is defined as calls in which a Ymax 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, Ymax shall pay Verizon s originating access charges for all V/FX Traffic originated by a Verizon Customer, and Ymax shall pay Verizon s terminating access charges for all V/FX Traffic originated by a Ymax Customer. The Reciprocal Compensation rates (including, but not limited to, the Reciprocal Compensation per minute of use charges) billed by Ymax 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 Ymax. 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 partyc::arti~lancldeliVe'red by Yhiaxto Verizon, Ymax 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 Ymax. Any traffic not specifically addressed in this Agreement shall be treated as required by the applicable Tariff of the Party transporting and/or terminating the traffic. The Parties may also exchange Internet Traffic at the technically feasible Point(s) of Interconnection on Verizon s network in a LATA established hereunder for the exchange of Reciprocal Compensation Traffic. Any intercarrier compensation that may be due in connection with the Parties' exchange of Internet Traffic shall be applied at such technically feasible Point of Interconnection on Verizon network in a LATA in accordance with the FCC Internet Order. 10. 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 Ymax Telephone Exchange Service Customers and Interexchange Carriers ("Access Toll Connecting Trunks ), in any case where Ymax elects to have its End Office Switch subtend a Verizon Tandem. This includes casually-dialed (1010XXX and 101XXXX) traffic. Access Toll Connecting Trunk Group Architecture. 9.2.IfYmax chooses to subtend a Verizon access Tandem, Ymax NPAlNXX must be assigned by Ymax to subtend the same Verizon access Tandem that a Verizon NPAlNXX serving the same Rate Center Area subtends as identified in the LERG. Ymax shall establish Access Toll Connecting Trunks pursuant 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 Ymax s Customers. The Access Toll Connecting Trunks shall be two-way trunks. Such trunks shall connect the End Office Ymax 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 To!! Connecting Trunks sha!! be used solely for the transmission and routing of Exchange Access to allow Ymax Customers to connect to or be connected to the interexchange trunks of any Interexchange Carrier which is connected to a Verizon access Tandem. Meet-Point Billing Arrangements 10.Ymax 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 Meetn PoifitBillihggOfdelihes - cofitamedTnthe OBF'sMECABuancrMECOD docUments; except as modified herein, and in Verizon s applicable Tariffs. The arrangements described in this Section 10 are intended to be used to provide Switched Exchange Access Service where the transport component of the Switched Exchange Access Service is routed through an access Tandem Switch that is - provided by Verizon. 10.In each LATA, the Parties shall establish MPB arrangements for the applicable Ymax Routing PoinWerizon Serving Wire Center combinations. 10.Interconnection for the MPB arrangement shall occur at each of the Verizon access Tandems in the LATA, unless otherwise agreed to by the Parties. 10.4 Ymax 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 Ymax 10 Campv2. 10. 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 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. 10.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 Ymax Routing PoinWerizon Serving Wire Center combination the MPB billing percentages for transport between the Ymax 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. 10.Each Party shall provide the other Party with the billing name, billing address and Carrier Identification Gode (CIG) of the IXC, and identification of the Verizon Wire Center serving the IXC in order to comply with the MPB notification process as outlined in the MECAB document. 10.Verizon. shall provide Ymax with the Terminating Switched Access Detail Usage Data (EMf category 1101XX records) recorded at the Verizon access Tandem on cartridge or via such other media as the Parties may agree to, no later than ten (10) Business Days after the date the usage occurred. Ymax shall provide Verizon with the Originating Switched Access Detail Usage Data (EM I 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. 10.10 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 Ymax: Ymax 10 Camp v2. Peter Russo - 223 Sunset A venue, Suite 223 Palm Beach, Florida 33480 For Verizon: Verizon Data Services A TIN: 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.Ymax and Verizon shall coordinate and exchange the billing account reference (BAR) and billing account cross reference (BACR) numbers or Operating Company Number ("OCN"), as appropriate, for the MPB arrangements described in this Section 10. Each Party shall notify the other if the level of billing or other BAR/BACR elements change, resulting in a new BARIBACR number, or if the OCN changes. 10.12 Each Party agrees to provide the other Party with notification of any errors it discovers in MPB data within thirty (30) calendar days of the receipt of the original data. The other Party shall attempt to correct the error and resubmit the data within ten (10) Business Days of the notification. In the event the errors cannot be corrected within such ten- (10) Business-Day period, the erroneous data will be considered lost. In the event of a loss of data, whether due to uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the lost data and, if such reconstruction is not possible, shall accept a reasonable estimate of the lost data based upon prior usage data. 10.13 Either Party may request a review or audit of the various components of access recording up to a maximum oftwo (2) audits per calendar year. All costs associated with each review and audit shall be borne by the requesting Party. Such review or audit shall be conducted subject to Section 7 of the General Terms and Conditions and during regular business hours. A Party may conduct additional audits, at its expense, upon the other Party s consent, which consent shall not be unreasonably withheld. 10.14 Except as expressly set forth in this Agreement, nothing contained in this Section 10 shall create any liability for damages, losses, claims, costs, injuries, expenses or other liabilities whatsoever on the part of either Party. 10.15 MPB will apply for all traffic bearing the 500, 900, toll free service access code (e.g. 800/888/877) (to the extent provided by an IXC) or any other non- geographic NPA which may be designated for such traffic in the future. 10.In the event Ymax determines to offer Telephone Exchange Services in a LATA in which Verizon operates an access Tandem Switch , Verizon shall permit and enable Ymax to subtend the Verizon access Tandem Switch(es) designated for the Verizon End Offices in the area where there are located Ymax Routing Point(s) associated with the NPA NXX(s) to/from which the Switched Exchange ,l\cc~s~ s.e"",ices are hQIJ1_ed. 10.17 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)Ymax Billing Percentage and b/(a+b)Verizon Billing Percentage where: the airline mileage between Ymax Routing Point and the actual point of interconnection for the MPB arrangement; and Ymax ID Camp v2. the airline mileage between the Verizon Serving Wire Center and the actual point of interconnection for the MPB arrangement. 10.1S Ymax 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 ofYmax s delivery of notice to Verizon , Verizon and Ymax shall confirm the Routing PoinWerizon Serving Wire Center combination and billing percentages. 11.Toll Free Service Access Code (e,, 800/88S/877) Traffic The following terms shall apply when either Party delivers toll free service access code (e., SOO/S77/SSS)("SYY") 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 SYY database. Except as otherwise agreed to by the Parties, all Ymax originating untranslated" SYY traffic will be routed over a separate One-Way Miscellaneous Trunk group. 11.When Ymax delivers translated SYY calls to Verizon to be completed by 11.an IXC: 11.Ymax will provide an appropriate EMI record to Verizon; 11.Ymax will bill the IXC the Ymax s applicable Switched Exchange Access Tariff charges and the Ymax s applicable Tariff query charges; and 11.Verizon will bill the IXC Verizon s applicable Switched Exchange Access Tariff charges. 11.Verizon: 11.Ymax will provide an appropriate EMI record to Verizon; and 11.1.2.Ymax will bill Verizon the Ymax s Switched Exchange Access Tariff charges and the Ymax s applicable Tariff query charge. 11.a toll free service access code service provider in that LATA: 11.Ymax will provide an appropriate EMI record to Verizon and the toll free service access code service provider; 11.3.2 Ymax will bill the toll free service access code service provider the Ymax s applicable Switched Exchange Access Tariff charges and the Ymax s applicable Tariff query charges; and 11.Verizon will bill the toll free service access code service provider Verizon s applicable Switched Exchange AccessTariff charges. 11.When Verizon performs the query and delivers translated SYY calls, originated by Verizon s Customer or another LEC's Customer to Ymax to be completed by Ymax 10 Camp v2. 11. Ymax ID Camp v2. 11. 11. Ymax: 11.2.Verizon will provide an appropriate EMI record to Ymax; and 11.2.1.2 Verizon will bill Ymax Verizon s applicable Switched Exchange Access Tariff charges and Verizon s applicable Tariff query charges. a toll free service access code service provider in that LATA: 11.2.Verizon will provide an appropriate EMI record to Ymax and the toll free service access code service provider; 11.2.2.2 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 11.2.2.Ymax will bill the toll free service access code service provider the Ymax s applicable Switched Exchange Access Tariff charges. When Ymax: delivers untranslated 8YY calls to Verizon to be completed by 11. 11. 11. an IXC: 11.Verizon will query the call and route the call to the appropriate IXC; 11.Verizon will provide an appropriate EMI record to Ymax; 11.Verizon will bill the IXC Verizon s applicable Switched Exchange Access Tariff charges and Verizon s applicable Tariff query charges; and 11.1.4 Ymax will bill the IXC Ymax s applicable Switched Exchange Access Tariff charges. Verizon: 11.Verizon will query the call and complete the call; 11.2.2 Verizon will provide an appropriate EMf record to Ymax; 11.Ymax will bill Verizon the Ymax s applicable Switched Exchange Access Tariff charges. a toll free service access code service provider in that LATA: 11.Verizon will query the call and route the call to the appropriate toll free service access code service provider; 11.Verizon will provide an appropriate EMI record to Ymax and the toll free service access code service provider; 12, 11.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 11.3.4 Ymax will bill the toll free service access code service provider the Ymax s applicable Switched Exchange Access Tariff charges. 12. Tandem Transit Traffic 11.4 Verizon will not direct untranslated toll free service access code call to Ymax. 12.2 12. 12.4 12. As used in this Section, Tandem Transit Traffic is Telephone Exchange Service traffic that originates on Ymax 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). For the avoidance of any doubt, under no circumstances shall Verizon be required to transit traffic through a Verizon Tandem to a Central Office that the LERG does not identify as subtending that particular Verizon Tandem. Switched Exchange Access Service traffic is not Tandem Transit Traffic. Tandem Transit Traffic Service provides Ymax 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. Ymax shall deliver each Tandem Transit Traffic call to Verizon s Tandem with CCS and the appropriate Transactiona! Capabilities ,.ppHcation Part ("TCAP") message to facilitate full interoperability of CLASS Features and billing functions. Ymax may use Tandem Transit Traffic Service only for traffic that originates on Ymax s network and only to send traffic to an Other Carrier with whom Ymax 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 Ymax and to bill Ymax, and not to bill Verizon, for such traffic. Ymax agrees not to use Verizon s Tandem Transit Traffic Service to send traffic to an Other Carrier with whom Ymax does not have such a reciprocal traffic exchange arrangement or to send traffic that does not originate on Ymax netVVOrK. u - -- - -- - - - - - _u - -.. - - n - - - - - - Ymax 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 Ymax 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 Ymax, Verizon may provide notice to Ymax of such billing. Upon receipt of such notice, Ymax 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 Ymax. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Verizon. Ymax 10 Camp v2. 12. 13. 12.If Ymax 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"), Ymax 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 Ymax 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 Ymax 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 exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.If or when a third party carrier plans to subtend a Ymax switch , then Ymax 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, Ymax shall offer to Verizon a service arrangement equivalent to or the same as Tandem Transit Traffic Service provided by Verizon to Ymax 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 Ymax Central Office or its equivalent ("Reciprocal Tandem Transit Service ). Ymax shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate 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 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. ILshalJ bethe responsibility_of each Party to programand..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. Unless otherwise required by Commission order, the Rate Center Areas will be the same for each Party. During the term of this Agreement, Ymax shall adopt the Rate Center Area and Rate Center Points that the Commission has approved for Verizon within the LATA and Tandem serving area. Ymax 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. Ymax will also designate a Routing Point for each assigned NXX code. Ymax shall designate one location for each Rate Center Area in which the Ymax has established NXX code(s) as the Routing Point for the NPA-NXXs associated with Ymax 10 Camp v2. 13. 13. 13. 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 Ymax will be routed in the same manner as calls to Ymax 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 Ymax s choices regarding the size of the local calling area(s) that Ymax 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 uJoint Grooming Process" or uJoint Process~) which may define and detail, inter alia: 14. 14. 14. 14.1.4 14. standards to ensure that Interconnection Trunks experience a grade of service , availability and quality which is comparable to that achieved on interoffice trunks within Verizon s network and in accord with all appropriate relevant industry-accepted quality, reliability and availability standards. Except as otherwise stated in this Agreement trunks provided by either Party for Interconnection services will be engineered using a design-blocking objective of B.Ol. the respective duties and responsibilities of the Parties with respect to the administration and maintenance of the trunk groups, including, but not iimited to, standards and procedures for notification and discoveries of trunk disconnects; disaster recovery provision escalations; additional technically feasible Point(s) of Interconnection on Verizon network in a LATA as provided in Section 2 of this Attachment; and such other matters as the Parties may agree , including, e., End Office to End Office high usage trunks as good engineering practices may dictate. 14:2 - TrUi1k-FbU~t;:fstrlig HeqUirerTleriK - - - - 14. 14. Ymax 10 Camp v2. Initial Trunk Forecast Requirements. At least ninety (90) days before initiating interconnection in a LATA, Ymax shall provide Verizon a two (2)-year traffic forecast that complies with the Verizon fnterconnection 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, Ymax shall provide a new or revised traffic forecast that complies with the Verizon Interconnection Trunking Forecast Guide when Ymax develops plans or becomes aware of information that will materially affect the Parties interconnection in that LATA. Instances that require a new or revised 14. forecast include, but are not limited to: (a) Ymax plans to deploy a new switch; (b) Ymax plans to implement a new POI or network architecture; (c) Ymax plans to rearrange its network; (d) Ymax plans to convert a One-Way Interconnection Trunk group to a Two-Way Interconnection Trunk group; (e) Ymax plans to convert a Two-Way Interconnection Trunk group to a One-Way Interconnection Trunk group; or (f) Ymax 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 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 Ymax or Verizon. 15. Number Portability - Section 251 (B)(2)15. 15. Ymax 10 Camp v2. Scope. The Parties shall provide Number Portability (NP) in accordance with rules and regulations as from time to time prescribed by the FCC. Procedures for Providing LNP ("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 f01l0w the LNP ordering procedures established at the OBF. The Parties shall provide LNP on a reciprocal basis. 15.2. 15. 15. A Customer of one Party (n Party An) 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(s1 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 (LIDB). Reactivation of the line-based calling card in another LIDB, 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 15. 15.4 Ymax 10 Camp v2. 15.2.4 15. 15. 15. 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), 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 Ule Parties' switches to open those NXXs for database queries in all applicable LNP capable offices within the LATA of the given switch(es). On a prospective basis , all newly deployed switches will be equipped with LNP capability and so noted in the LERG. All NXXs assigned to LNP capable switches are to be designated as portable unless a NXX(s) has otherwise been designated as non- portable. Non-portable NXXs include NXX codes assigned to paging 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 NPThr()uf:lhfl.Jl~ N20C (;0ge Migration. 15. 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 w!th 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 ill FCC 96-286, Paragraph 80, and FCC 97-, Paragraphs 65furo~h ~. 15.4.2 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.Ymax shall submit orders to port numbers electronically using an LSR via the Verizon web Graphical User Interface ("GUi") or Electronic Data Interface ("ED I" pursuant to the instructions, business rules and guidelines set forth on the Verizon Partner Solutions website (formerly referred to as 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 Ymax reasonable terms and conditions (including, without iimitation, rates and impiementation 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. Ymax 10 Camp v2. General TRAFFIC EXCHANGE A IT ACHMENT 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 intra LATA 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 IntraLA T A 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). !n 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.g., 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 (Le., receiving . sueFI 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 Ymax ID Camp v2. Within ninety (90) days of executing the Agreement, Ymax 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. 2.2 Ongoing forecast requirements. Where the Parties are already exchanging traffic through a Third Party Tandem Switch in a LATA Ymax shall provide a new or revised traffic forecast when Ymax develops plans or becomes aware of information that will materially affect the 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) Ymax plans to deploy a new switch; (ii) Ymax plans to implement interconnection in accordance with the Interconnection Attachment or a new network architecture; (iii) Ymax plans to rearrange its network; or (iv) Ymax expects a significantchange in traffic volume. 2.2.Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on Ymax or Verizon. Prior to exchanging traffic through a Third Party Tandem Switch, Ymax 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. If and, when, the volume of traffic exch\3nged between a Verizon End Office and Ymax switch through a Third Party Tandem Switch exceeds (a) the Centium Call Second (Hundred Call Second) busy hour equivalent of one (1) 08-1 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. 2.4 2.5 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 IfYmax determines to offer Telephone Exchange Services and wishes to exchange traffic with Verizon through a Third Party Tandem Switch in any LATA - ill \yhlc~ \(erizon- ajso()ffers JeJeph9ne Exchange Services, Ymax shall provide written notice to Verizon of its request to exchange traffic rough -a -ThirdPar1:y Tandem Switch in such LATA pursuant to this Attachment. The notice provided in Section 3.1 of this Attachment shall include (a) Ymax proposed traffic exchange activation date; (b) a forecast of Ymax 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 Ymax 10 Camp v2. 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. 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 (Le., 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 th~t 'party rates as "local" in its C~st9~e! -r:a~iffs. If and, to the extent that, a Ymax Customer receives V/FX Traffic exchanged under this Attachment, Ymax 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 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 Ymax 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 Ymax 10 Camp v2. Ymax 10 Camp v2. because the Third Party Tandem Provider is providing the tandem functionally to both Parties, Verizon shall charge (and Ymax shall pay Verizon) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic Verizon receives from Ymax and Ymax shall charge (and Verizon shall pay Ymax) the End Office Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation Traffic Ymax 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. 2.2 2.4 5.2. 5.2.7 5.2. Reciprocal Compensation shall not apply to interstate or intrastate Exchange Access (including, without limitation , Virtual Foreign Exchange Traffic (Le., 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 notapply 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 . - Rec.ip!ocal Compensation under Section 251 (b )(5)of the Act. 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 Ymax 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, Ymax shall pay Verizon s originating access charges for all V/FX Traffic originated by a Verizon Customer, and Ymax shall pay Verizon s terminating access charges for all V/FX Traffic originated by a Ymax Customer. The Reciprocal Compensation rates (including, but not limited to, the Reciprocal Compensation per minute of use charges) billed by Ymax 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 Ymax. Other Types of Traffic 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 tenns 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, IntraLATA Toll 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 Ymax to Verizon. Ymax 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 Ymax. 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. To!! Free Service Access Code (e.800/888/877) Traffic The following terms shall apply when either Party delivers Intra LATA toll free service access code (e.g" 800/877/888) ("8YY") 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 8YY database. Ymax ID Camp v2. When Ymax delivers translated IntraLATA 8YY calls to Verizon for completion: by Verizon: Ymax will provide an appropriate EMI record to Verizon; and Ymax will bill Verizon the Ymax s Switched Exchange Access Tariff charges and the Ymax s applicable Tariff query charge. 1.2 by a toll free service access code service provider in that LATA: Ymax will provide an appropriate EMI record to Verizon and the toll free service access code service provider; and Ymax will bill the toll free service access code service provider the Ymax s applicable Switched Exchange Access Tariff charges and the Ymax 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 SYY calls originated by Verizon s or another LEC's Customer for completion: by Ymax: Verizon will provide an appropriate EMI record to Ymax; and Verizon will bill Ymax 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: 2.2.Verizon will provide an appropriate EMI record to Ymax 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 Ymax will bill the toll free service access code service provider the Ymax s applicable Switched Exchange Access Tariff charges. Verizon will not direct untranslated toll free service access code calls to Ymax. Ymax 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, Ymax shall adopt the Rate Center Area and Rate Center Points that the Commission has approved for Verizon within the LATA and Tandem serving area. Ymax 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 Ymax will also designate a Routing Point for each assigned NXX code. Ymax shall designate one location for each Rate Center Area in which the Ymax has Ymax 10 Camp v2. Ymax 10 Camp v2. 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 Ymax will be routed in the same manner as calls to Ymax 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 Ymax s choices regarding the size of the local calling area(s) that Ymax may establish for its Customers, which local calling areas may be larger than, smaller than, or identical to Verizon s local calling areas. Number Portability - Section 251 (B)(2) Scope. The Parties shall provide Number Portability (NP) in accordance with rules and regulations as from time to time prescribed by the FCC. Procedures for Providing LNP ("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. 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. 9.2. 2.4 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 Ymax 10 Camp v2. 9.2. 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~ 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). 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 equipped withLNP 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 9.4. request to Party A. Party A will respond to the Party B, within ten (10) days of receipt of the request, with a date for which LNP will be available in the requested End Office. Party A shall proceed to provide for LNP in compliance with the procedures and timelines set forth in FCC 96-286, Paragraph 80, and FCC 97-, Paragraphs 65 through 67. The Parties acknowledge that each can determine the LNP-capable End Offices of the other through the Local Exchange Routing Guide . (LERG). In addition, the Parties shall make information available upon request showing their respective LNP-capable End Offices, as set forth in this Section 9.4. Ymax 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 Ymax 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. Ymax 10 Camp v2. General RESALE ATTACHMENT Verizon shall provide to Ymax, in accordance with this Agreement (including, but not limited to, Verizon s applicable Tariffs) and the requirements of Applicable Law, Verizon Telecommunications Services for resale by Ymax; provided, that notwithstanding any other provision of this Agreement, Verizon shall be obligated to provide Telecommunications Services to Ymax only to the extent required by Applicable Law and may decline to provide a Telecommunications Service to Ymax 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 Ymax under this Resale Attachment only for the purpose of resale by Ymax as a Telecommunications Carrier. Verizon Telecommunications Services to be purchased by Ymax for other purposes (including, but not limited to, Ymax s own use) must be purchased by Ymax pursuant to other applicable Attachments to this Agreement (if any), or separate written agreements, including, but not limited , applicable Verizon Tariffs. 2.2 Ymax shall not resell: 2.4 2~2. 2.2. Ymax 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 Custome~s); Lifeiine, 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 Ymax to comply with this Section 2., Ymax shall take those actions required by Applicable Law to determine the eligibility of Ymax 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. Ymax shall indemnify Verizon from any Claims resulting from Ymax s failure to take such actions required by Applicable Law. Verizon may perform audits to confirm Ymax 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. 4.2 Ymax 10 Camp v2. Ymax 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 Ymax 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 8 51.617(b), Verizon shall be entitled to all charges for Verizon Exchange Access services used by interexchange carriers to proVide service to Ymax Customers. Availability of Verizon Telecommunications Services Verizon will provide a Verizon Telecommunications Service to Ymax 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 Ymax. To the extent required by Applicable Law, the Verizon Telecommunications Services to be provided to Ymax 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 Ymax. Responsibility for Charges Ymax 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 Ymax, Ymax Customers or any other persons, through , by means of, or in association with , Telecommunications Services provided by Verizon to Ymax pursuant to this Resale Attachment. Upon request by Ymax, Verizon will provide for use on resold Verizon retail Telecommunications Service dial tone lines purchased by Ymax 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. Ymax 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 Ymax s purchase of such blocking or screening services, Ymax 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 Ymax intended to block. Notwithstanding the foregoing, Ymax shall be responsible for and shall pay Verizon all charges for Telecommunications Services provided by Verizon or provided by persons other than Verizon and billed for by Verizon in accordance with the terms of Section 4.1 above. Operations Matters Facilities. Branding. 5.2. Rates and Charges The rates and charges forVerizon Telecommunication Services purchased by Ymax for Ymax 10 Camp v2. 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 Ymax Customer locations for the purpose of installing, inspecting, maintaining, repairing, and removing, facilities, equipment, software, and wiring used to provide the Verizon Telecommunications Services. Ymax shall, at Ymax 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 Ymax or Ymax Customers for use with Verizon Telecommunications Services. Except as stated in Section 5.2 of this Attachment, in providing Verizon Telecommunications Services to Ymax, 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 ofVerizon Telecommunications Services shall not constitute the grant of a license or other right to Ymax to use Verizon s Marks. To the extent required by Applicable Law, upon request by Ymax and at prices, terms and conditions to be negotiated by Ymax and Verizon Verizonshall provide Verizon Telecommunications Services fofresale that are identified by Ymax 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, Ymax will be responsible for entering into a direct contractual arrangement with the third-party contractor at Ymax s expense (a) to obtain identification of Verizon operator services or Verizon directory assistance purchased by Ymax for resale with Ymax s trade name, or (b) to obtain removal of Verizon Marks from Verizon operator services or Verizon directory assistance purchased by Ymax for resale. resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing Attachment. Good Faith Performance If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not provided in the State of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate in good faith with Ymax 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. Ymax ID Camp v2. Ymax 10 Camp v2. NETWORK ELEMENTS ATTACHMENT General Verizon shall provide to Ymax, 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 Ymax only to the extent required by Applicable Law and may decline to provide UNEs or Combinations to Ymax 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. Ymax 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 Ymax. VVithout limiting the foregoing, Ymax 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 Ymax in order to allow Ymax 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 Ymax a UNE or Combination that is not offered underthis Agreement to Ymax as of the Effective Date, the terms, conditions and prices for such UNE or Combination (indudihg, 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 Ymax, and Ymax 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 Ymax, 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 Ymax. If Verizon terminates its provision of a UNE or a Combination to Ymax pursuant to this Section 1.5 and Ymax elects to purchase other services offered by Verizon in place of such UNE or Combination, then: (a) Verizon shall reasonably cooperate with Ymax to coordinate the termination of such UNE or Combination and the installation of such services to minimize the interruption of service to Customers ofYmax; and, (b) Ymax shall pay all applicable charges for such services, including, but not limited to, all applicable installation charges. 1.6 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 Ymax on an unbundled basis or in combination with other Network Elements. If as the result of Ymax Customer actions (Le., Customer Not Ready ("CNR" )), Verizon cannot complete requested work activity when a technician has been dispatched to the Ymax Customer premises, Ymax will be assessed a non- recurring charge associated with this visit. This charge will be the sum of the applicable Service Order charge as provided in the Pricing Attachment and the Premises Visit Charge as provided in Verizon s applicable retail or wholesale Tariff. Verizon s Provision of Network Elements Subject to the conditions set forth in Section 1 of this Attachment, in accordance with, but only to the extent required by, Applicable Law, Verizon shall provide Ymax access to the following: Loops, as set forth in Section 3 of this Attachment; Line Sharing, as set forth in Section 4 of this Attachment; Line Splitting, as set forth in Section 5 of this Attachment; Sub-Loops, as set forth in Section 6 of this Attachment;2.4 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 Ymax 10 Camp v2. Yri1ax 10 Camp v2. Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall allow Ymax 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 Ymax access to Loops in accordance with , but only to extent required by, Applicable Law. The available Loop types are as set forth below: 1.4 2 Wire Analog Voice Grade Loop" or "Analog 2W' provides an effective 2-wire channel with 2-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals and loop-start signaling. This Loop type is more fully described in Verizon Technical Reference (TR)-72565, as revised from time-to-time. If "Customer-Specified Signaling" is requested, the Loop will operate with one of the following signaling types that may be specified when the Loop is ordered: loop-start, ground-start, loop- reverse-battery, and no signaling. Customer specified signaling is more fully described in Verizon TR-72570, as revised from time-to- time. Verizon will not build new facilities. Wire Analog Voice Grade Loop" or "Analog 4W" provides an effective 4-wire channel with 4-wire interfaces at each end that is suitable for the transport of analog Voice Grade (nominal 300 to 3000 Hz) signals. This Loop type will operate with one of the following signaling types that may be specified when the Loop is ordered: loop- start, ground-start, loop-reverse-battery, duplex, and no signaling. This Loop type is more fully described in Verizon TR-72570, as revised from time-to-time. Verizon will not build new facilities. Wire ISDN Digital Grade Loop" or "BRIISDN" provides a channel with 2-wire interfaces at each end that is suitable for the transport of 160 kbps digital services using the ISDN 2B1Q 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. ln some cases loop extension equipment may be necessary to bring the line loss within atceptable 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, Ymax may order a 2-Wire Digital Compatible Loop using 2-wire ISDN ordering codes to provide similar capability. Verizon will notbuild new facilities. Wire ADSL-Compatible Loop" or "ADSL 2W' provides a thannel 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-Compatibie 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, Ymax may order a 2-Wire Digital Compatible Loop using 2-wire ADSL ordering codes to provide similar capability. 1.5 Ymax 10 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, Ymax 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 E 1.4 loop spectrum management standard (T1 E1.4/2000-002R3) and are not compatible with 2B1Q 160 kbps ISDN transport systems. The actual data rate achieved depends upon the performance of GLEe-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, Ymax may order a 2- Wire Digital Compatible Loop using ISDN ordering codes to provide similar capability. IDLe-compatible local loops will be provided only where facilities are available and can meet applicable specifications. Verizon will not build new facilities. Wire SDSL-Compatible Loop , is intended to be used with low band symmetric DSL systems that meet the Class 2 signal power limits and other criteria in the T1 E1.4 loop spectrum management standard (T1 E1.4/2000-002R3). This Loop consists of a single 2-wire non- loaded, twisted copper pair that meets Class 2 length limit in T1 E 1.4/2000-002R3. 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, Ymax 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. Ymax 10 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 DOS dataport transport capability. Verizon shall provide 4-Wire 56 kbps Loops to Ymax in accordance with, and subject to, the technical specifications set forth in Verizon TR-72575 as revised from time-to-time. Verizon will not build new facilities. OS-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 OS- 1 Loop includes the electronics necessary to provide the OS- transmission rate. A OS-1 Loop will be provided only where the electronics necessary to provide the OS-1 transmission rate are at the requested installation date currently available for the requested OS- Loop. Verizon will not install new electronics. If the electronics necessary to provide Clear Channel (B8lS) signaling are at the requested installation date currently available for a requested OS- Loop, upon request by Ymax, the OS-1 Loop will be furnished with Clear Channel (B8lS) signaling. Verizon will not install new electronics to furnish Clear Channel (B8lS) signaling. OS-3 Loops" will support the transmission of isochronous bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 OS- channels). This Loop type is more fully described in Verizon TR 72575, as revised from time to time. The OS-3 Loop includes the electronics necessary to provide the OS-3 transmission rate. A OS- Loop will be provided only where the electronics necessary to provide the OS-3 transmission rate are at the requested installation date currently available for the requested OS-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 Ymax requirements for metallic loops over 18k ft. or for conditioning of AOSL, HOSL, SOSL, 10SL, or BRIISON Loops. "Digital Designed Loops" may include requests for: a2W OigitaLDesigned Metallic Loop with a total loop length of 18k to 30k ft., unloaded, with the option to remove bridged tap; 12.2 a 2W AOSL 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 "2\"'1 AOSL Compatible Loop 12. 12.3 a 2W AOSL 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 AOSL Compatible Loop 12.4 a 2W HOSL Loop of less than 12k ft. with an option to remove bridged tap: Ymax 10 Camp v2. 12.5 a 4W HDSL Loop of less than 12k ft with an option to remove bridged tap; 12.6 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 12.8 a 2W IDSL Loop of less than 18k ft. with an option to remove bridged tap; Verizon shall make Digital Designed Loops available Ymax 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 Ymax requirements for metallic loops over 12k ft. or for conditioning of 2-wire or 4-wire digital or BRIISDN Loops. "Conditioned Loops" may include requests for: a 2W Digital Loop with a total loop length of 12k to 30k ft. unloaded, with the option to remove bridged tap (such a Loop, unloaded, with bridged tap so removed shall be deemed to be a "2W Digital Compatible Loop 14.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. 14.3 a 2W Digital or 4 W 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 Ymax 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. 2.2 Ymax shall place orders for xDSL Compatible Loops, Digital Designed and Conditioned Loops by delivering to Verizon a valid electronic transmittal Service Order or other mutually agreed upon type of Service Order. Such Service Order shall be provided in accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. In former Bell Atlantic Service Areas, Verizon is conducting a mechanized survey of existing Loop facilities, on a Central Office by Central Office basis, to identify those Loops that meet the applicable technical characteristics established by Verizon for compatibility with xDSL Compatible or BRIISDN signals. The results of this survey will be stored in a mechanized database and made available to Ymax as Ymax 10 Camp v2. 2.4 the process is completed in each Central Office. Ymax must utilize this mechanized loop qualification database, where available, in advance of submitting a valid electronic transmittal Service Order for an xDSL Compatible or BRIISDN Loop. Charges for mechanized loop qualification information are set forth in the Pricing Attachment. In former GTE Service Areas, Verizon provides access to mechanized xDSL loop qualification information to help identify those loops that meet applicable technical characteristics for compatibility with xDSL Services that the GLEC may wish to offer to its end user Customers. Ymax must access Verizon s mechanized loop qualification system through the use of the on-line computer interface at www.verizon.com/wise in advance of submitting a valid electronic transmittal Service Order for xDSL service arrangements. The loop qualification information provided by Verizon gives Ymax 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 Ymax to evaluate the loop qualification information provided by Verizon and determine whether a loop meets Ymax 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, Ymax must request a manual loop qualification, where such qualification is available, prior to submitting a valid electronic Service Order for an xDSL Compatible or BRIISDN Loop. In general , Verizon will complete a manual loop qualification request within three (3) Business Days, although Verizon may require additional time due to poor record conditions, spikes in demand, or other unforeseen events. The manual loop qualification process is currently available in the former Bell Atlantic Service Areas only. If a query to the mechanized loop qualification database or manual loop qualification indicates that a Loop does not qualify (e., because it does not meet the applicable technical parameters set forth in the Loop descriptions above), Ymax may request an Engineering Query, where available, as described in Section 3.7 of this Attachment, to determine whether the result is due to characteristics of the loop itself specific numberandlbcation of bridged taps; thespetifie; number of load coils, or the gauge of the cable). Once a Loop has been pre-qualified, Ymax 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. 5.2 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 Ymax ID Camp v2. 3.2. search the Customer s serving terminal for a suitable spare facility. If an xDSL Compatible Loop is found within the serving terminal, Verizon will perform a Line and Station Transfer (or "pair swap ) whereby the Verizon technician will transfer the Customer s existing service from one existing Loop facility onto an alternate existing xDSL Compatible Loop facility serving the same location. Verizon performs Line and Station Transfers in accordance with the procedures developed in the DSL Collaborative in the State of New York, NY PSC Case OO-O127. Standard intervals do not apply when Verizon performs a Line and Station Transfer, and additional charges shall apply as set forth in the Pricing Attachment. If Ymax submits a Service Order for an xDSL Compatible or BRI ISDN Loop that has not been prequalified, Verizon will query the Service Order back to Ymax for qualification and will not accept such Service Order until the Loop has been prequalified on a mechanized or manual basis. If Ymax submits a Service Order for an xDSL Compatible or BRI ISDN Loop that is , in fact, not compatible with the requested service (e.g. ADSL, HDSL etc.) in its existing condition, Verizon will respond back to Ymax with a "Nonqualified" indicator and with information showing whether the non-qualified result is due to the presence of load coils, presence of digital loop carrier, or loop length (including bridged tap). Where Ymax has followed the prequalification procedure described above and has determined that a Loop is not compatible with xDSL technologies or BRIISDN service in its existing condition, it may either request an Engineering Query, where available, to determine whether conditioning may make the Loop compatible with the applicable service; or if Ymax is already aware of the conditioning required (e. where Ymax has previously requested a qualification and has obtained loop characteristics), Ymax may submit a Service Order for a Digital Designed Loop. Verizon will undertake to condition or extend the Loop in accordance with this Section 3.2 of this Attachment upon receipt of Ymax s valid, accurate and pre-qualified Service Order for a Digital Designed Loop. The Parties will make reasonable efforts to coordinate their respective . roles in order to minimize provisioning problems. In general , where conditioning or loop extensions are requested by Ymax, an interval of eighteen (18) Business Days will be required by Verizon to complete the loop analysis and the necessary construction work involved in conditioning and/or extending the loop as follows: Three (3) Business Days will be required following receipt of Ymax s valid, accurate and pre-qualified Service Order for a Digital Designed or Conditioned Loop to analyze the loop and related plant records and to create an Engineering Work Order. Upon completion of an Engineering Work Order, Verizon will initiate the construction order to perform the changes/modifications to the Loop requested by Ymax. Conditioning activities are , in most cases, able to be Ymax 10 Camp v2. accomplished within fifteen (15) Business Days. Unforeseen conditions may add to this interval. After the engineering and conditioning tasks have been completed , the standard Loop provisioning and installation process will be initiated subject to Verizon s standard provisioning intervals. If Ymax requires a change in scheduling, it must contact Verizon to issue a supplement to the original Service Order. If Ymax cancels the request for conditioning after a loop analysis has been completed but prior to the commencement of construction work, Ymax shall compensate Verizon for an Engineering Work Order charge as set forth in the Pricing Attachment. If Ymax cancels the request for conditioning after the loop analysis has been completed and after construction work has started or is complete, Ymax shall compensate Verizon for an Engineering Work Order charge as well as the charges associated with the conditioning tasks performed as set forth in the Pricing Attachment. Conversion of Live Telephone Exchange Service to Analog 2W Loops. The following coordination procedures shall apply to "live" cutovers of Verizon Customers who are converting their Telephone Exchange Services to Ymax Telephone Exchange Services provisioned over Analog 2W unbundled Local Loops ("Analog 2W Loops) to be provided by Verizon to Ymax: Coordinated cutover charges shall apply to conversions of live Telephone Exchange Services to Analog 2W Loops. When an outside dispatch is required to perform a conversion, additional charges may apply. If Ymax does not request a coordinated cutover, Verizon will process Ymax s order as a new installation subject to applicable standard provisioning intervals. Ymax shall request Analog 2W Loops for coordinated cutover from Verizon by delivering to Verizon a valid electronic Local Service Request ("LSR"). Verizon agrees to accept from Ymax the date and time for the conversion designated on the LSR ("Scheduled Conversion Time provided that such designation is within the regularly scheduled operating hours of the Verizon Regional CLEC Control Center ("RCCC") and subject to the availability of Verizon s work force. In the event that Verizon s work force is not available, Ymax and Verizon shall mutually agree on a New Conversion Time, as defined below. Ymax shall designate the Scheduled Conversion Time subject to Verizon standard provisioning intervals as stated in the Verizon CLEC Handbook, as may be revised from time to time. Within three (3) Business Days ofVerizon s receipt of such valid LSR, or as otherwise required by Applicable Law Verizon shall provide Ymax the scheduled due date for conversion of the Analog 2W Loops covered by such LSR. Ymax shall provide dial tone at the Ymax collocation site at least forty-eight (48) hours prior to the Scheduled Conversion Time. Ymax ID Camp v2. 1.4 ')')~&: Either Party may contact the other Party to negotiate a new Scheduled Conversion Time (the "New Conversion Time provided, however, that each Party shall use commercially reasonable efforts to provide four (4) business hours advance notice to the other Party of its request for a New Conversion Time. Any Scheduled Conversion Time or New Conversion Time may not be rescheduled more than one (1) time in a Business Day, and any two New Conversion Times for a particular Analog 2W Loop shall differ by at least eight (8) hours, unless otherwise agreed to by the Parties. If the New Conversion Time is more than one (1) business hour from the original Scheduled Conversion Time or from the previous New Conversion Time, the Party requesting such New Conversion Time shall be subject to the following: If Verizon requests to reschedule outside of the one (1) hour time frame above, the ,na!og 2W Loops Service Order Charge for the original Scheduled Conversion Time or the previous New Conversion Time shall be credited upon request from Ymax; and If Ymax requests to reschedule outside the one (1) hour time frame above, Ymax shall be charged an additional Analog 2W Loops Service Order Charge for rescheduling the conversion to the New Conversion Time. If Ymax is not ready to accept service at the Scheduled Conversion Time or at a New Conversion Time, as applicable, an additional Service Order Charge shall apply. IfVerizon is not available or ready to perform the conversion within thirty (30) minutes of the Scheduled Conversion Time or New Conversion Time, as applicable Verizon and Ymax will reschedule and, upon request from Ymax, Verizon will credit the Analog 2W Loop Service Order Charge for the original Scheduled Conversion Time. The sta~dard time in~rval expected from disconnection of a live Telephone Exchange SerVice tb the conneCtion of the Analog 2W Loops to Ymax is fifteen (15) minutes per Analog 2W Loop for all orders consisting of twenty (20) Analog 2W Loops or less. Orders involving more than twenty (20) Loops will require a negotiated interval. Conversions involving LNP will be completed according to North American Numbering Council (NANC) standards, via the regional Number Portability Administration Center (NPAC). If Ymax requires Analog 2W Loop conversions outside of the regularly scheduled Verizon RCCC operating hours such conversions shall be separately negotiated. Additional charges (e.g. overtime labor charges) may apply for desired Ymax 10 Camp v2. dates and times outside of regularly scheduled RCCC operating hours. Cooperative Testing. In the former Bell Atlantic Service Areas only, Ymax may request Cooperative Testing in conjunction with its request for an xDSL Compatible Loop or Digital Designed Loop. "Cooperative Testing" is a procedure whereby a Verizon technician and a Ymax technician jointly verify that an xDSL Compatible Loop or Digital Designed Loop is properly installed and operational prior to Verizon completion of the order. Ymax may request, at its option, Cooperative Testing by entering a toll-free (e.g. 800/888/877) number in the Remarks field of the LSR of an xDSL Compatible or Digital Designed Loop Service Order, and the Verizon technician will call the toll-free number to perform the Cooperative Test. When both the Verizon and Ymax technicians agree that the Loop test shows that the Loop is operational, the Ymax technician will provide the Verizon technician with a serial number to acknowledge that the Loop is operational. Charges for Cooperative Testing are as set forth in the Pricing Attachment. Verizon shall provide Ymax access to its Loops at each of Verizon s Wire Centers for Loops terminating in that Wire Center. In addition, if Ymax orders one or more Loops provisioned via Integrated Digital Loop Carrier or Remote Switching technology deployed as a Loop concentrator, Verizon shall , where available, move the requested Loop(s) to a spare physical Loop, if one is existing and available, at Verizon s standard rates (e., where applicable, Verizon s Line and Station Transfer charge) for such work. If, however, no spare physical Loop is available, Verizon shall within three (3) Business Days of Ymax s request notify Ymax of the lack of available facilities. Upon request and to the extent required by Applicable Law, Verizon will provide Ymax access to the unbundled Local Loop through the demultiplexing of the integrated digitized Loop(s). Upon request and to the extent required by Applicable Law, VeilLon "vvm provide Ymax access to the unbundled Local Loop at the Loop concentration site point. Notwithstanding anything to the contrary in this Agreement, standard provisioning intervals shall not apply to Loops provided under this Section 3. Line Sharing Line Sharing" is an arrangement by which Verizon facilitates Ymax s provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), Multiple Virtual Line (MVL) (a prop~ietarYJe.chnology), or al1Y othe~~DSL.t~chnology that is presumed to be acceptable for shared line deployment in accordance wJtn~CC Regulalions, to particular Customer location over an existing copper Loop that is being used simultaneously by Verizon to provide analog switched Voice Grade service to that Customer by making available to Ymax, solely for Ymax s own use , the frequency range above the voice band on the same copper Loop required by Ymax to provide such services. This Section 4 addresses line sharing over loops that are entirely copper loops. 4.2 Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall provide Line Sharing to Ymax for Ymax s provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC Regulations. Verizon shall provide Line Sharing to Ymax in accordance with, but only to the extent required by, Applicable Law. In order for a Loop to be 4.4 Ymax ID Camp v2. eligible for Line Sharing, the following conditions must be satisfied for the duration of the Line Sharing arrangement: (i) the Loop must consist of a copper loop compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations; (ii) Verizon must be providing simultaneous switched analog Voice Grade service to the Customer served by the Loop in question; (Hi) the Verizon Customer s dial tone must originate from a Verizon End Office Switch in the Wire Center where the Line Sharing arrangement is being requested; and (iv) the xDSL technology to be deployed by Ymax on that Loop must not significantly degrade the performance of other services provided on that Loop. Verizon shall make Line Sharing available to Ymax at the rates and charges set forth in the Pricing Attachment. In addition to the recurring and non-recurring charges shown in the Pricing Attachment for Line Sharing itself, the following rates shown in the Pricing Attachment and in Verizon s applicable Tariffs are among those that may apply to a Line Sharing arrangement: (i) prequalification charges to determine whether a Loop is xDSL compatible (i., compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC Regulations); (ii) engineering query charges, engineering work order charges, or Loop conditioning (Digital Designed or Conditioned Loop) charges; (iii) charges associated with collocation activities requested by Ymax; and (iv) misdirected dispatch charges, charges for installation or repair, manual intervention surcharges, trouble isolation charges, and pair swap/line and station transfer charges. The following ordering procedures shall apply to Line Sharing: 4.4.To determine whether a Loop qualifies for Line Sharing, the Loop must first be prequalified to determine if it is xDSL compatible. Ymax must utilize the Loop qualification processes described in the terms applicable io xDSL Compaiibie Loops, Digital Designed Loops and Conditioned Loops to make this determination. 4.4.Ymax shall place orders for Line Sharing by delivering to Verizon a valid electronic transmittal Service Order or other mutually agreed upon type of Service Order. Such Service Order shall be provided in accordance with industry format and specifications or such format and specifications as may be agreed to by the Parties. 4.4.If the Loop is prequalified by Ymax through the Verizon Loop prequalification tools , and if a positive response is received and followed by receipt of Ymax's valid, accurate and pre-qualified Service Order for Line Sharing, Verizon will retum an LSR confirmation within twenty-four (24) hours (weekends and holidays excluded) for LSRs with less than six (6) loops and within 72 hours (weekends and holidays excluded) for LSRs with six (6) or more loops. In such case Verizon shall initiate provisioning and installation in accordance with the terms pertaining to xDSL Compatible Loops, Digital Designed Loops and Conditioned Loops pursuant to Section 3.2.5 of this Attachment. 4.4.4 If the Loop requires qualification manually or through an Engineering Query, three (3) additional Business Days will generally be required to obtain Loop qualification results before an order confirmation can be returned following receipt of Ymax s valid, accurate request. Verizon may require additional time to complete the Engineering ,Query where 4.4. 4.4. 4.4. 7 there are poor record conditions, spikes in demand, or other unforeseen events. If conditioning is required to make a Loop capable of supporting Line Sharing and Ymax orders such conditioning, then Verizon shall provide such conditioning in accordance with the terms of this Agreement pertaining to Digital Designed or Conditioned Loops; provided, however, that Verizon shall not be obligated to provide Loop conditioning if Verizon establishes, in the manner required by Applicable Law, that such conditioning is likely to degrade significantly the Voice-Grade service being provided to Verizon s Customers over such Loops. The standard Loop provisioning and installation process will be initiated for the Line Sharing arrangement only once the requested engineering and conditioning tasks have been completed on the Loop. Scheduling changes and charges associated with order cancellations after conditioning work has been initiated are addressed in the terms pertaining to Digital Designed and Conditioned Loops, as referenced in Section 4.4.5 of this Attachment. The standard provisioning interval for the Line Sharing arrangement shall be as set out in the Verizon Product Interval Guide; provided that the standard provisioning interval for the Line Sharing arrangement shall not exceed the shortest of the following intervals: (a) six (6) Business Days; (b) the standard provisioning interval for the Line Sharing arrangement that is stated in an applicable Verizon Tariff; or, (c) the standard provisioning interval for the Line Sharing arrangement that is required by Applicable Law, if any. The standard provisioning interval for the Line Sharing arrangement shall commence only once any requested engineering and conditioning tasks have been completed. The standard provisioning interval shall not apply where a Line and Station Transfer is performed pursuant to Section 3.2. In no event shall the Line Sharing interval offered to Ymax be longer than the interval offered to any similarly situated Affiliate of Verizon. Ymax must provide all required collocation , CFA, Special Bill Number (SBN) and NC/NCI information when a Line Sharing Arrangement is ordered. Collocation augments required, either at the Point of Termination (POT) Bay, collocation node , or for splitter placement must be ordered using standard collocation applications and procedures, unless otherwise agreed to by the Parties or specified in this Agreement. The Parties recognize that Line Sharing is an offering that requires both Parties to make reasonable efforts to coordinate their respective roles in order to minimize provisioning problems and facility issues. Ymax will provide reasonabie, timely, and accurate forecasts of its Line Sharing requirements, including splitter placement elections and ordering preferences. These forecasts are in addition to projections provided for other stand-alone unbundled Loop types. To the extent required by Applicable Law, Ymax shall provide Verizon with information regarding the type of xDSL technology that it deploys on each shared Loop. Where any proposed change in technology is planned on a shared Loop, Ymax must provide this information to Verizon in order for Verizon to update Loop records and anticipate effects that the change may have on the Voice Grade service and other Loops in the same or adjacent binder groups. 4.4. Ymax ID Camp v2.100 Ymax ID Camp v2. As described more fully in Verizon Technical Reference 72575, the xDSL technology used by Ymax for Line Share Arrangements shall operate within the Power Spectral Density (PSD) limits set forth in T1.413-1998 (ADSL), T1.419- 2000 (Splitterless ADSL), or TR59-1999 (RADSL), and MVL (a proprietary technology) shall operate within the 0 to 4 kHz PSD limits of T1.413-1998 and within the transmit PSD limits of T1.601-1998 for frequencies above 4 kHz provided that the MVL PSD associated with audible frequencies above 4 kHz shall be sufficiently attenuated to preclude significantly degrading voice services. Ymax s deployment of additional Advanced Services shall be subject to the applicable FCC Regulations. Ymax may only access the high frequency portion of a Loop in a Line Sharing arrangement through an established collocation arrangement at the Verizon Serving Wire Center that contains the End Office Switch through which Voice Grade service is provided to Verizon s Customer. Ymax is responsible for providing, through one of the splitter options described below, a splitter at that Wire Center that complies with ANSI specification T1.413, employs Direct Current (DC) blocking capacitors or equivalent technology to assist in isolating high bandwidth trouble resolution and maintenance to the high frequency portion of the frequency spectrum, and operates so that the analog voice "dial tone stays active when the splitter card is removed for testing or maintenance. Ymax is also responsible for providing its own Digital Subscriber Line Access Multiplexer (DSLAM) equipment in the collocation arrangement and any necessary Customer Provided Equipment (CPE) for the xDSL service it intends to provide (including CPE splitters, filters and/or other equipment necessary for the end user to receive separate voice and data services across the shared Loop ). Two splitter configurations are available. In both configurations, the splitter must be provided by Ymax and must satisfy the same NEBS requirements that Verizon imposes on its own splitter equipment or the splitter equipment of any Verizon Affiliate. Ymax must designate which splitter option it is choosing on the collocation application or augment. Regardless of the option selected , the splitter arrangements must be installed before Ymax submits an order for Line Sharing. Splitter Option A (Splitter Option 1): Splitter in Ymax Collocation Area In this configuration , the Ymax-provided splitter (ANSI T1.413 or MVL compliant) is provided , installed and maintained by Ymax in its own collocation space within the Customer serving End Office. TheVerizon-provideddialtone is routed through the splitter in the Ymax collocation area. Any rearrangements will be the responsibility of Ymax. Splitter Option C (Splitter Option 2): Splitter in Verizon Area In this configuration, Verizon inventories and maintains a Ymax-provided splitter (ANSI T1.413 or MVL compliant) in Verizon space within the Customer s serving End Office. The splitters will be installed shelf-at-a-time. In those serving End Offices where Verizon employs the use of a POT Bay for interconnection of Ymax s collocation arrangement with Verizon s network, the splitter will be installed (mounted) in a relay rack between the POT Bay and the MDF. The demarcation point is at the splitter end of the cable connecting the POT Bay and the splitter. Installation of the splitter will be performed by Verizon 101 Ymax 10 Camp v2. , at Ymax s election, by a Verizon-approvedvendor designated by Ymax. In those serving End Offices where Verizon does not employ a POT Bay for interconnection of Ymax s collocation arrangement with Verizon s network, the Ymax provided splitter will be installed (mounted) in a relay rack between the Ymax collocation arrangement and the MDF. The demarcation point is at the splitter end of the cable connecting the Ymax collocation arrangement and the splitter. Installation of the splitter will be performed by Verizon, or, at Ymax election , by a Verizon-approved vendor designated by Ymax. In either scenario, Verizon will control the splitter and will direct any required activity. Where a POT Bay is employed, Verizon will also perform all POT Bay work required in this configuration. Verizon will provide a splitter inventory to Ymax upon completion of the required work. Where a new splitter is to be installed as part of an initial collocation implementation, the splitter installation may be ordered as part of the initial collocation application. Associated collocation charges (application and engineering fees) apply. Ymax must submit a new collocation application, with the application fee, to Verizon detailing its request. Except as otherwise required by Applicable Law, standard collocation intervals will apply. Where a new splitter is to be installed as part of an existing collocation arrangement, or where the existing collocation arrangement is to be augmented (e., with additional terminations at the POT Bay or Ymax s collocation arrangement to support Line Sharing), the splitter installation or augment may be ordered via an application for collocation augment. Associated collocation charges (application and engineering fees). apply. Ymax must submit the application for collocation augment, with the application fee, to Verizon. Unless a longer interval is stated in Verizon s applicable Tariff, an interval of seventy-six (76) Business Days shall apply. Ymax will have the following options for testing shared Loops: In serving End Offices where Verizon employs a POT Bay for interconnection of Ymaxcollocation arrangement with Verizon network, the following options shall be available to Ymax. R1.1 Under Splitter Option A, Ymax may conduct its own physical tests of the shared Loop. from Ymax s collocation area. If it chooses to do so, Ymax may supply and install a test head to facilitate such physical tests , provided that: (a) the test head satisfies the same NEBS requirements that Verizon imposes on its own test head equipment or the test head equipment of any Verizon Affiliate; and (b) the test head does not interrupt the voice circuit to any greater degree than a conventional ML T test. Specifically, the Ymax-provided test equipment may not interrupt an in-in- progress voice connection and must automatically restore any circuits tested in intervals comparable to ML T. This optional Ymax-provided test head will be installed in Ymax collocation area between the "line" port of the splitter and the POT Bay in order to conduct remote physical tests of the shared Loop. 102