20080326Application.pdf

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March 26, 2008
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20575 NW Von Neumann DR
Hilsboro, OR 97076
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Ms. Jean Jewell, Secretary
Idaho Public Utilties Commission
P.O. Box 83720
Boise, ID 83720-0074
Dear Ms. Jewell:
Attached please find an original plus three copies of the interconnecion agreement between
Bandwidth.com CLEC, LLC and Verizon Northwest Inc.
If you have any questions concerning this filng, please contact me at 972-718-3418.
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Kim Douglass
Sr. Staff Consultant - Regulatory and Government Affairs
Attachments
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AGREEMENT
by and between
BANDWIDTH.COM CLEC, LLC
and
VERIZON NORTHWEST INC.
FOR THE STATE OF
IDAHO
Bandwidth 10 Camp v3.1
TABLE OF CONTENTS
AGREEMENT ...................................................................................................................................1
1. The Agreement........................................................................ ...................................1
2. Term and Termination ...............................................................................................2
3. Glossary and Attachments .......................................................................................2
4. Applicable Law...........................................................................................................2
5. Assignment ................................................................................................................4
6. Assurance of Payment..............................................................................................4
7. Audits..........................................................................................................................5
8. Authorization..............................................................................................................5
9. Billng and Payment; Disputed Amounts ................................................................6
10. Confidentiality ............................................................................................................ 7
11. Counterparts ..............................................................................................................9
12. Default.........................................................................................................................9
13. Discontinuance of Service by Bandwidth ...............................................................9
14. Dispute Resolution ....................................................................................................9
15. Force Majeure ..........................................................................................................10
16. Forecasts ..................................................................................................................10
17. Fraud.........................................................................................................................10
18. Good Faith Peñormance.........................................................................................11
19. Headings...................................................................................................................11
20. Indemnification ........................................................................................................11
21. Insurance ..................................................................................................................13
22. Intellectual Propert ................................................................................................14
23. Joint Work Product..................................................................................................15
24. Law Enforcement .....................................................................................................15
25. Liability .....................................................................................................................15
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26. Network Management..............................................................................................16
27. Non-Exclusive Remedies........................................................................................17
28. Notice of Network Changes....................................................................................17
29. Notices ......................................................................................................................17
30. Ordering and Maintenance .....................................................................................18
31. Peñormance Standards ..........................................................................................19
32. Point of Contact for Bandwidth Customers..........................................................19
33. Predecessor Agreements .......................................................................................19
34. Publicity and Use of Trademarks or Service Marks .............................................19
35. References ...............................................................................................................20
36. Relationship of the Parties .....................................................................................20
37. Reservation of Rights..............................................................................................21
38. Subcontractors ........................................................................................................21
39. Successors and Assigns ........................................................................................21
40. Survival.....................................................................................................................21
41. Taxes.........................................................................................................................21
42. Technology Upgrades .............................................................................................24
43. Territory ....................................................................................................................24
44. Third Party Beneficiaries ........................................................................................24
45. (This Section Intentionally Left Blank) ..................................................................24
46. 252(i) Obligations.....................................................................................................24
47. Use of Service..........................................................................................................24
48. Waiver .......................................................................................................................25
49. Warranties ................................................................................................................25
50. Withdrawal of Services ...........................................................................................25
SIGNATURE PAGE .......................................................................................................................26
GLOSSARy....................................................................................................................................27
1. General Rule.............................................................................................................27
Bandwidth 10 Comp v3.1 ii
2. Definitions ................................................................................................................27
ADDITIONAL SERVICES ATTACHMENT ....................................................................................43
1. Alternate Billed Calls...............................................................................................43
2. Dialing Parity - Section 251(b)(3) ...........................................................................43
3. (This Section Intentionally Left Blank) ..................................................................43
4. Directory Listing and Directory Distribution.........................................................43
5. Voice Information Service Traffic ..........................................................................45
6. Intercept and Referral Announcements ................................................................46
7. Originating Line Number Screening (OLNS).........................................................46
8. Operations Support Systems (OSS) Services ......................................................46
9. Poles, Ducts, Conduits and Rights-of-Way...........................................................52
10. Telephone Numbers ................................................................................................52
11. Routing for Operator Services and Directory Assistance Traffic.......................53
12. Unauthorized Carrier Change Charges .................................................................53
13. Good Faith Peñormance.........................................................................................54
INTERCONNECTION ATTACHMENT...........................................................................................55
1. General......................................................................................................................55
2. Points of Interconnection and Trunk Types .........................................................55
3. Alternative Interconnection Arrangements...........................................................59
4. Initiating Interconnection........................................................................................61
5. Transmission and Routing of Telephone Exchange Service Traffic..................62
6. Traffic Measurement and Biling over Interconnection Trunks ..........................63
7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
Act.............................................................................................................................64
8. Other Types of Traffic .............................................................................................66
9. Transmission and Routing of Exchange Access Traffic .....................................66
10. Meet-Point Billing Arrangements...........................................................................67
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic .................................70
Bandwidth 10 Camp v3.1 ii
12. Tandem Transit Traffc............................................................................................72
13. Number Resources, Rate Center Areas and Routing Points ..............................73
14. Joint Network Implementation and Grooming Process; Forecasting................74
15. Number Portabilty - Section 251(B)(2)..................................................................75
16. Good Faith Peñormance.........................................................................................77
TRAFFIC EXCHANGE ATTACHMENT.........................................................................................78
1. General...................................................................................................................... 78
2. Arrangements With Third Party Tandem Provider ............................................... 78
3. Initiating Traffic Exchange Under This Attachment.............................................79
4. Traffic Measurement and Billng ............................................................................ 79
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the
Act.............................................................................................................................80
6. Other Types of Traffic .............................................................................................81
7. Toll Free Service Access Code (e.g., 800/888/877) Traffic ..................................82
8. Number Resources, Rate Center Areas and Routing Points ..............................83
9. Number Portabilty. Section 251(B)(2)..................................................................84
10. Good Faith Peñormance.........................................................................................86
RESALE ATTACHMENT ...............................................................................................................87
1. General......................................................................................................................87
2. Use ofVerizon Telecommunications Services.....................................................87
3. Availabilty of Verizon Telecommunications Services ........................................88
4. Responsibility for Charges .....................................................................................88
5. Operations Matters ..................................................................................................89
6. Rates and Charges ..................................................................................................89
7. Good Faith Peñormance.........................................................................................90
NETWORK ELEMENTS ATTACHMENT ......................................................................................91
1. General......................................................................................................................91
2. Verizon's Provision of Network Elements.............................................................95
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3. Loop Transmission Types ......................................................................................95
4. Line Splitting (also referred to as "Loop Sharing") ...........................................106
5. (This Section Intentionally Left Blank) ...............................................................107
6. Sub-Loop .......~........................................................................................................107
7. Sub-Loop for Multiunit Tenant Premises Access...............................................110
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber
Loops......................................................................................................................110
9. Network Inteñace Device......................................................................................116
10. (This Section Intentionally Left Blank) ................................................................117
11. Dedicated Transport..............................................................................................117
12. (This Section Intentionally Left Blank) ................................................................118
13. Operations Support Systems ........................................~......................................118
14. Availabilty of Other Network Elements on an Unbundled Basis ....................118
15. Maintenance of Network Elements ......................................................................119
16. Combinations, Commingling, and Conversions ................................................120
17. Routine Network Modifications............................................................................122
18. Rates and Charges ................................................................................................123
19. Good Faith Peñormance.......................................................................................124
COLLOCATION ATTACHMENT .................................................................................................125
1. Verizon's Provision of Collocation ......................................................................125
911 ATTACHMENT......................................................................................................................172
1. 911/E-911 Arrangements .......................................................................................172
2. ALI Database ..........................................................................................................172
3. 911/E-911 Interconnection ...................................................................................~ 173
4. 911/E-911 General..................................................................................................174
5. Good Faith Peñormance.......................................................................................174
PRICING ATTACHMENT.............................................................................................................175
1. General....................................................................................................................175
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2. Verizon Telecommunications Services Provided to Bandwidth for Resale
Pursuant to the Resale Attachment.....................................................................175
3. Bandwidth Prices...................................................................................................177
4. (This Section Intentionally Left Blank) ................................................................177
5. Regulatory Review of Prices ................................................................................177
APPENDIX A TO THE PRICING ATTACHMENT .......................................................................179
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT .............................................................................................................................208
Bandwidth 10 Camp v3.1 vi
AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective as of March 1, 2008 (the "Effective
Date"), between Bandwidth.com CLEC, LLC ("Bandwidth"), a limited liabilty company organized
under the laws of the State of Delaware, with offices at 4001 Weston Parkway, Suite 100, Cary,
NC 27513 and Verizon Northwest Inc. ("Verizon"), a corporation organized under the laws of the
State of Washington with offices at 1800 41st Street, Everett, WA 98201 (Verizon and Bandwidth
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 Bandwidth hereby agree as follows:
1. The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Party that has been accepted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Party, shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)" shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Party. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject matter hereof,
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and, as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). In connection with
the foregoing, Verizon expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Verizon and Bandwidth.
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
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the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Party.
2. Term and Termination
2.1 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 February 28,2010 (the "Initial Term"). Thereafter, this Agreement shall
continue in force and effect unless and until cancelled or terminated as provided
in this Agreement.
2.2 Either Bandwidth 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.
2.3 If either Bandwidth or Verizon provides notice of termination pursuant to Section
2.2 and on or before the proposed date of termination either Bandwidth 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 Bandwidth and Verizon; or, (b) the date one (1) year after
the proposed date of termination.
2.4 If either Bandwidth or Verizon provides notice of termination pursuant to Section
2.2 and by 11 :59 PM Eastern Time on the proposed date of termination neither
Bandwidth nor Verizon has requested negotiation of a new interconnection
agreement, (a) this Agreement wil 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 wil be terminated, except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(SGAT).
3. Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
4. Applicable Law
4.1 The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
State of Idaho, without regard to its conflcts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
Bandwidth 10 Camp v3.1 2
4.2 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or officiaL.
4.4 Each Party shall promptly notify the other Party in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Party's abilty to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceabilty shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall
be construed as if it did not contain such invalid or unenforceable provision;
provided, that if the invalid or unenforceable provision is a material provision of
this Agreement, or the invalidity or unenforceabiliy 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.
4.6 If any legislative, regulatory, judicial or other governmental decision, order,
determination or action, or any change in Applicable Law, materially affects any
material provision of this Agreement, the rights or obligations of a Party
hereunder, or the ability of a Party to perform any material provision of this
Agreement, the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law. If within thirty (30) days of the effective date of such decision,
determination, action or change, the Parties are unable to agree in writing upon
mutually acceptable revisions to this Agreement, either Party may pursue any
remedies available to it under this Agreement, at law, in equity, or otherwise,
including, but not limited to, instituting an appropriate proceeding before the
Commission, the FCC, or a court of competent jurisdiction, without first pursuing
dispute resolution in accordance with Section 14 of this Agreement.
4.6.1 Notwithstanding Section 4.6 above, to the extent Verizon is required
by a change in Applicable Law to provide to Bandwidth a Service that
is not offered under this Agreement to Bandwidth, the terms,
conditions and prices for such Service (including, but not limited to, the
terms and conditions defining the Service and stating when and where
the Service will be available and how it wil be used, and terms,
conditions and prices for pre-ordering, ordering, provisioning, repair,
maintenance and billng) shall be as provided in an applicable Verizon
Tariff, or, in the absence of an applicable Verizon Tariff, as mutually
agreed by the Parties in a written amendment to the Agreement that,
upon the request of either Party, the Parties shall negotiate in
accordance with the requirements of Section 252 of the Act. In no
event shall Verizon be required to provide any such Service in the
absence of such a Verizon Tariff or amendment.
4.7 Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order,
determination or action, or any change in Applicable Law, Verizon is not required
by Applicable Law to provide any Service, payment or benefit, otherwise required
Bandwidth 10 Camp v3.1 3
to be provided to Bandwidth hereunder, then Verizon may discontinue the
provision of any such Service, payment or benefit, and Bandwidth shall
reimburse Verizon for any payment previously made by Verizon to Bandwidth
that was not required by Applicable Law. Verizon wil provide thirty (30) days
prior written notice to Bandwidth 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 the Networks Element Attachment or an
applicable Tariff or Applicable Law for termination of such Service in which event
such specified period and/or conditions shall apply. For the avoidance of any
doubt, this Section 4.7 is self-effectuating and no amendment to this Agreement
shall be required to implement it.
5. 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.
6. Assurance of Payment
6.1 Upon request by Verizon, Bandwidth 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.
6.2 Assurance of payment of charges may be requested by Verizon if Bandwidth (a)
prior to the Effective Date, has failed to timely pay a bil rendered to Bandwidth
by Verizon or its Affiliates, (b) on or after the Effective Date, fails to timely pay a
bil rendered to Bandwidth 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 inabilty 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.
6.3 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
to, both recurring and non-recurring charges), as reasonably determined by
Verizon, for the Services to be provided by Verizon to Bandwidth in connection
with this Agreement. If Bandwidth meets the condition in subsection 6.2(d)
above or has failed to timely pay two or more bils rendered by Verizon or a
Verizon Affiliate in any twelve (12)-month period, Verizon may, at its option,
demand (and Bandwidth shall provide) additional assurance of payment,
consisting of monthly advanced payments of estimated charges as reasonably
determined by Verizon, with appropriate true-up against actual billed charges no
more frequently than once per Calendar Quarter.
6.4 (Intentionally Left Blank).
6.5 (Intentionally Left Blank).
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6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to
Bandwidth in respect of any amounts to be paid by Bandwidth hereunder that are
not paid within thirty (30) days of the date that payment of such amounts is
required by this Agreement.
6.7 If Verizon draws on the letter of credit, upon request by Verizon, Bandwidth shall
provide a replacement or supplemental letter of credit conforming to the
requirements of Section 6.3.
6.8 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 Bandwidth has provided Verizon with such assurance of
payment.
6.9 The fact that a letter of credit is requested by Verizon hereunder shall in no way
relieve Bandwidth 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.
7. Audits
7.1 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 bils. 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 billng in favor
of the Audited Party having an aggregate value of at least $1,000,000.
7.2 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.
7.3 Each Party shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party's bils.
7.4 Audits shall be performed at the Auditing Party's expense, provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party's bils.
8. Authorization
8.1 Verizon represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Washington and has
Bandwidth 10 Camp v3.1 5
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 Bandwidth represents and warrants that it is a limited liabilty company duly
organized, validly existing and in good standing under the laws of the State of
Delaware, and has full power and authority to execute and deliver this
Agreement and to perform its obligations under this Agreement.
8.3 Bandwidth Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to perform under this Agreement until such time as Bandwidth has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in the State of Idaho. Bandwidth shall
not place any Orders under this Agreement until it has obtained such
authorization. Bandwidth shaH provide proof of such authorization to Verizon
upon request.
9. Biling and Payment; Disputed Amounts
9.1 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.
9.2 Except as otherwise provided in this Agreement, payment of amounts biled 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.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the billng Party's statement; or (b) twenty (20) days after the date
the statement is received by the biled Party. Payments shall be transmitted by
electronic funds transfer.
9.3 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
billng 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. Billng disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the biling 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 biling Party which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
biled late payment charges) per month.
9.5 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 biling 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 biled Party shaH not be
Bandwidth 10 Camp v3.1 6
entitled to dispute the biling Party's statement(s) based on the biling Party's
failure to submit them in a timely fashion.
10. Confidentiality
10.1 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:
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
Books, records, documents and other information disclosed in an audit
pursuant to Section 7;
Any forecasting information provided pursuant to this Agreement;
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, operator service, Caller ID or
similar service, or UDB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Party to
use and/or disclose the Customer Information);
information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietary;" and
any information that is communicated orally or visually and declared to
the Receiving Party at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential or "Proprietary".
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential Information pursuant to Sections 10.1.5 or 10.1.6.
10.2.1
10.2 Except as otherwise provided in this Agreement, the Receiving Party shall:
10.2.2
Bandwidth 10 Camp v3.1
use the Confidential Information received from the Disclosing Party
only in performance of this Agreement; and
using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential Information received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party's
Affiliates and the directors, officers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Affliates,
that have a need to receive such Confidential Information in order to
perform the Receiving Party's obligations under this Agreement. The
Receiving Party's Affiliates and the directors, officers, employees,
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates, shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
Receiving Party. The Receiving Party shall be liable for any failure of
7
the Receiving Party's Affilates or the directors, officers, employees,
Agents or contractors of the Receiving Party or the Receiving Party's
Affliates, to comply with the provisions of this Section 10.
10.3 The Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only.
10.4 Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1
10.4.2
10.4.3
10.4.4
10.4.5
was, at the time of receipt, already in the possession of or known to
the Receiving Party free of any obligation of confidentialiy and
restriction on use;
is or becomes publicly available or known through no wrongful act of
the Receiving Party, the Receiving Party's Affiliates, or the directors,
officers, employees, Agents or contractors of the Receiving Party or
the Receiving Party's Affiliates;
is rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;
is independently developed by the Receiving Party;
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.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Party may use and disclose Confidential Information received from the Disclosing
Party to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.4.6
10.6 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. E~cept 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.
Bandwidth 10 Comp v3.1 8
10.7 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.S.C. § 222,
and are not intended to constitute a waiver by a Party of any right with regard to
th.e use, or protection of the confidentiality of, CPNI provided by Applicable Law.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
11. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12. Default
If either Party ("Defaulting Party") fails to make a payment required by this Agreement
(including, but not limited to, any payment required by Section 9.3 of undisputed amounts
to the biling Party) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30) days after written notice thereof from
the other Party, the other Party may, by written notice to the Defaulting Party, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
13. Discontinuance of Service by Bandwidth
13.1 If Bandwidth 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, Bandwidth shall send written notice of
such discontinuance to Verizon, the Commission, and each of Bandwidth's
Customers. Bandwidth 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,
Bandwidth shall send such notice at least thirty (30) days prior to its
discontinuance of service.
13.2 Such notice must advise each Bandwidth Customer that unless action is taken by
the Bandwidth Customer to switch to a different carrier prior to Bandwidth's
proposed discontinuance of service, the Bandwidth Customer wil be without the
service provided by Bandwidth to the Bandwidth Customer.
13.3 Should a Bandwidth Customer subsequently become a Verizon Customer,
Bandwidth shall provide Verizon with all information necessary for Verizon to
establish service for the Bandwidth Customer, including, but not limited to, the
Bandwidth Customer's biled name, listed name, service address, and billng
address, and the services being provided to the Bandwidth Customer.
13.4 Nothing in this Section 13 shall limit Verizon's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14. Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Party must provide to the other Party written notice of the
Bandwidth 10 Camp v3.1 9
dispute that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party's representative in the negotiation. The other Party shall have ten
Business Days to designate its own representative in the negotiation. The
Parties' representatives shall meet at least once within 45 days after the date of
the initiating Party's written notice in an attempt to reach a good faith resolution
of the dispute. Upon agreement, the Parties' representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Party's written notice, either Party may pursue any remedies
available to it under this Agreement, at law, in equity, or otherwise, including, but
not limited to, instituting an appropriate proceeding before the Commission, the
FCC, or a court of competent jurisdiction.
15. Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Party. Such Force Majeure Events include,
but are not limited to, adverse weather conditions, flood, fire, explosion,
earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil
commotion, act of public enemies, labor unrest (including, but not limited to,
strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain
equipment, parts, software or repairs thereof, acts or omissions of the other
Party, and acts of God.
15.2 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
to, 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.
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
16. Forecasts
In addition to any other forecasts required by this Agreement, upon request by Verizon,
Bandwidth shall provide to Verizon forecasts regarding the Services that Bandwidth
expects to purchase from Verizon, including, but not limited to, forecasts regarding the
types and volumes of Services that Bandwidth expects to purchase and the locations
where such Services will be purchased.
17. Fraud
Bandwidth 10 Camp v3.1 10
Bandwidth assumes responsibility for all fraud associated with its Customers and
accounts. Verizon shall bear no responsibility for, and shall have no obligation to
investigate or make adjustments to Bandwidth's account in cases of, fraud by
Bandwidth's Customers or other third parties.
18. Good Faith Peñormance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Verizon, prior to the Effective Date of
this Agreement, has not provided in the State of Idaho a Service offered under this
Agreement, Verizon reserves the right to negotiate in good faith with Bandwidth
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.
19. Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20. Indemnification
20.1 Each Party ("Indemnifying Party") shall indemnify, defend and hold harmless the
other Party ("ndemnified Party"), the Indemnified Party's Affliates, and the
directors, officers and employees of the Indemnified Party and the Indemnified
Party's Affiliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal property of any person, to the extent such injury, death,
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party, the
Indemnifying Party's Affiliates, or the directors, offcers, employees, Agents or
contractors (excluding the Indemnified Party) of the Indemnifying Party or the
Indemnifying Party's Affiliates, in connection with this Agreement.
20.2 Indemnification Process.
20.2.1 As used in this Section 20, "Indemnified Person" means a person
whom an Indemnifying Party is obligated to indemnify, defend and/or
hold harmless under Section 20.1.
20.2.2 An Indemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person: (a) shall give the Indemnifying Party notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the Indemnified Person related to the
Claim and an estimate of the amount thereof); (b) prior to taking any
material action with respect to a Third Party Claim, shall consult with
the Indemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
Bandwidth 10 Camp v3.1 11
20.2.4
20.2.5
20.2.6
20.2.7
20.2.8
consent of the Indemnifying Party; (d) shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including, except
as provided below, the compromise or settlement thereof) at the
Indemnifying Party's own cost and expense, provided, however, that
the Indemnified Person shall have the right to approve the
Indemnifying Party's choice of legal counseL.
If the Indemnified Person fails to comply with Section 20.2.3 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 20.2.6 and 20.2.7, below, the Indemnifying Party shall have
the authority to defend and settle any Third Party Claim.
With respect to any Third Party Claim, the Indemnified Person shall be
entitled to participate with the Indemnifying Party in the defense of the
Claim if the Claim requests equitable relief or other relief that could
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
settement or judgment requires a contribution from or affects the
rights of an Indemnified Person, the Indemnified Person shall have the
right to refuse such settement 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 settement 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 Part and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Party agrees that it wil not implead or bring any action against the other
Party, the other Party's Affiliates, or any of the directors, offcers or employees of
the other Party or the other Party's Affliates, 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 Affilate and that arises out of
performance of this Agreement.
20.2.9
Bandwidth 10 Comp v3.1 12
20.4 Each Party's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
21. Insurance
21.1 Bandwidth shall maintain during the term of this Agreement and for a period of
two years thereafter all insurance required to satisfy its obligations under 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, Bandwidth shall maintain the following insurance:
21.1.1
21.1.2
21.1.3
21.1.4
Commercial General Liability Insurance, on an occurrence basis,
including but not limited to, premises-operations, broad form property
damage, products/completed operations, contractual liabilty,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
Commercial Motor Vehicle Liabilty Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
Excess Liability Insurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
Worker's Compensation Insurance as required by Applicable Law and
Employer's Liability Insurance with limits of not less than $2,000,000
per occurrence.
All risk property insurance on a full replacement cost basis for all of
Bandwidth'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), facilty, equipment or right-
of-way.
21.2 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 21.5, and Verizon reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibilty of Bandwidth.
21.1.5
21.3 Bandwidth shall name Verizon and Verizon's Affiliates as additional insureds on
the foregoing liabilty insurance.
21.4 Bandwidth shall, within two (2) weeks of the Effective Date hereof at the time of
each renewal of, or material change in, Bandwidth's insurance policies, and at
such other times as Verizon may reasonably specify, furnish certificates or other
proof of the foregoing insurance reasonably acceptable to Verizon. The
certificates or other prOof of the foregoing insurance shall be sent to: Director-
Negotiations, Verizon Partner Solutions, 600 Hidden Ridge, HQEWMNOTICES,
Irving, TX 75038.
21.5 Bandwidth 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
Bandwidth 10 Camp v3.1 13
furnish Verizon certificates or other adequate proof of such insurance acceptable
to Verizon in accordance with Section 21.4.
21.6 Failure of Bandwidth or Bandwidth's contractors to maintain insurance and
provide certificates of insurance as required in Sections 21.1 through 21.5,
above, shall be deemed a material breach of this Agreement.
21.7 Certificates furnished by Bandwidth or Bandwidth's contractors shall contain a
clause stating: "Verizon Northwest Inc. shall be notified in writing at least thirty
(30) days prior to cancellation of, or any material change in, the insurance."
22. Intellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual property,
now or hereafter owned, controlled or licensable by either Party. Except as
expressly stated in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4, neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Part,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RI~HT.
22.4 Bandwidth 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 Bandwidth, directly or through a third party, of any such terms, conditions
or restrictions that may limit any Bandwidth use of a Service provided by Verizon
that is otherwise permitted by this Agreement. At Bandwidth's written request, to
the extent required by Applicable Law, Verizon will use Verizon's best efforts, as
commercially practicable, to obtain intellectual property rights from Verizon's
vendor to allow Bandwidth 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. Bandwidth shall
reimburse Verizon for the cost of obtaining such rights.
Bandwidth 10 Camp v3.1 14
23. Joint Work Product
The Principal Document is the joint work product of the Parties, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. In the event of
any ambiguities, no inferences shall be drawn against either Party.
24. Law Enforcement
24.1 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
to, 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
facilties and equipment, and dialed number recording facilities and equipment.
24.2 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.
24.3 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.
25, Liabilty
25.1 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.
25.2 Except as otherwise stated in Section 25.5, the liabilty, if any, of a Party, a
Party's Affilates, and the directors, officers and employees of a Party and a
Party's Affiiates, to the other Party, the other Party's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
25.3 Except as otherwise stated in Section 25.5, a Party, a Party's Affiliates, and the
directors, officers and employees of a Party and a Party's Affiliates, shall not be
liable to the other Party, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liabilty
is excluded by this Section has been advised of the possibility of such damages.
25.4 The limitations and exclusions of liabilty stated in Sections 25.1 through 25.3
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.
Bandwidth 10 Camp v3.1 15
25.5 Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liabilty:
25.5.1
25.5.2
25.5.3
25.5.4
25.5.5
under Sections 20, Indemnification, or 41, Taxes.
for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
for damages arising out of or resulting from bodily injury to or death of
any person, or damage to, or destruction or loss of, tangible real
and/or personal property of any person, or Toxic or Hazardous
Substances, to the extent such damages are otherwise recoverable
under Applicable Law;
for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Commission.
25.6 In the event that the liabilty of a Party, a Party's Affiliate, or a director, offcer or
employee of a Party or a Party's Affliate, 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.
25.5.6
25.7 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 Affliates, or the directors,
offcers or employees of the other Party or the other Party's Affilates, 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
26.1 Cooperation. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. Bandwidth and Verizon will
exchange appropriate information (e.g., 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 wil work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffc congestion and subject to Section 17, to minimize
fraud associated with third number billed calls, callng card calls, and other
services related to this Agreement.
26.2 Responsibility for Following 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.
26.3 Interference or Impairment. If a Party ("Impaired Part") reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
("Interfering Party") wil or are likely to interfere with or impair the Impaired Party's
Bandwidth 10 Camp v3.1 16
provision of services or the operation of the Impaired Party's network or facilties,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
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,
Upon correction of the interference or impairment, the Impaired Party
wil promptly restore the interrupted or suspended Service. The
Impaired Party shall not be obligated to provide an out-of-service
credit allowance or other compensation to the Interfering Party in
connection with the suspended Service.
26.4 Outage Repair Standard. In the event of an outage or trouble in any Service
being provided by a Part hereunder, the Providing Party wil follow Verizon's
standard procedures for isolating and clearing the outage or trouble.
26.3.1
26.3.2
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 facilties or network, or any other change in its facilties or
network that wil materially affect the interoperability of its facilities or network with the
other Party's facilities or network, the Party making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
notice of a change is required by Applicable/Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable Law.
29. Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29.1.1
29.1.2
29.1.3
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
U.S. mail, postage prepaid, or (d) by facsimile telecopy, with a copy
delivered in accordance with (a), (b) or (c), preceding; and
shall be delivered to the following addresses of the Parties:
To Bandwidth:
Bandwidth 10 Camp v3.1 17
Kade Ross
Chief Operating Officer
4001 Weston Parkway
Suite 100
Cary, NC 27513
Telephone Number: [phone], Ext.: None
Facsimile Number: [phone]
Internet Address: krosstQbandwidth.com
To Verizon:
Director-Negotiations
Verizon Partner Solutions
600 Hidden Ridge
HQEWMNOTICES
Irving, TX 75038
Facsimile Number: [phone]
Internet Address: wmnoticestQverizon.com
with a copy to:
Vice President and Deputy General Counsel
Verizon Partner Solutions
1515 North Court House Road
Suite 500
Arlington, VA 22201
Facsimile: [phone]
or to such other address as either Party shall designate by proper notice.
Notices wil be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, the next Business Day
after the notice is sent, (c) where the notice is sent via First Class U.S. Mail,
three (3) Business Days after mailing, (d) where notice is sent via certified or
registered U.S. mail, the date of receipt shown on the Postal Service receipt, and
(e) where the notice is sent via facsimile telecopy, if the notice is sent on a
Business Day and before 5 PM. in the time zone where it is received, on the date
set forth on the telecopy confirmation, or if the notice is sent on a non-Business
Day or if the notice is sent after 5 PM in the time zone where it is received, the
next Business Day after the date set forth on the telecopy confirmation.
Bandwidth shall notify Verizon, by written notice pursuant to this Section 29, of
any changes in the addresses or other Bandwidth contact information identified
under Section 29.1.3 above.
30. Ordering and Maintenance
Bandwidth shall use Verizon's electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Services, and to engage in
other pre-ordering, ordering, provisioning, maintenance and repair transactions. If
Verizon has not yet deployed an electronic capability for Bandwidth to perform a pre-
ordering, ordering, provisioning, maintenance or repair, transaction offered by Verizon,
Bandwidth 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).
Bandwidth 10 Camp v3.1 18
31. Peñormance Standards
31.1 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) ofthe Act.
31.2 Bandwidth shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32. Point of Contact for Bandwidth Customers
32.1 Bandwidth shall establish telephone numbers and mailing addresses at which
Bandwidth Customers may communicate with Bandwidth and shall advise
Bandwidth Customers of these telephone numbers and mailing addresses.
32.2 Except as otherwise agreed to by Verizon, Verizon shall have no obligation, and
may decline, to accept a communication from a Bandwidth Customer, including,
but not limited to, a Bandwidth Customer request for repair or maintenance of a
Verizon Service provided to Bandwidth.
33. Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.1.1 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 Part
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.
33.2 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 wil 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.
33.1.2
33.3 If either Party elects to cancel the commitment pursuant to the proviso in Section
33.2, the Purchasing Party shall not be liable for any termination charge that
would otherwise have applied. However, if the commitment was cancelled by the
Purchasing Party, the Providing Party shall be entitled to payment from the
Purchasing Party of the difference between the price of the Service that was
actually paid by the Purchasing Party under the commitment and the price of the
Service that would have applied if the commitment had been to purchase the
Service only until the time that the commitment was cancelled.
34. Publicity and Use of Trademarks or Service Marks
Bandwidth 10 Camp v3.1 19
34.1 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.
34.2 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.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35. References
35.1 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.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Verizon or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36. Relationship of the Parties
36.1 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.
36.2 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.
36.3 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.
36.4 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.
36.5 Except as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business.
Bandwidth 10 Camp v3.1 20
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37. Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the Services that must be offered)
through changes in Applicable Law; (d) to challenge the lawfulness and propriety
of, and to seek to change, any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission, the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
deemed to limit or prejudice any position a Party has taken or may take before
the Commission, the FCC, any other state or federal regulatory or legislative
bodies, courts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement.
37.2 Bandwidth acknowledges Bandwidth has been advised by Verizon that it is
Verizon's position that this Agreement contains certain provisions which are
intended to reflect Applicable Law and Commission and/or FCC arbitration
decisions.
38. Subcontractors
A Party may use a contractor of the Party (including, but not limited to, an Affliate of the
Party) to perform the Party's obligations under this Agreement; provided, that a Party's
use of a contractor shall not release the Party from any duty or liability to fulfil the Party's
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 liabilty (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
41.1 In General. 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
Bandwidth 10 Camp v3.1 21
Providing Party, then (a) the Providing Party shall bil 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.
41.2 Taxes Imposed on the Providing Party or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Party, and such
Applicable Law permits the Providing Party to exclude certain receipts received
from sales to a public utilty, 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.
41.3 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
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.
41.4 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 affdavit 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.
41.5 Liability for Uncollected Tax, Interest and Penalty.
41.5.1 If the Providing Party has not received an exemption certificate from
the Purchasing Party and the Providing Party fails to bil the
Purchasing Party for any Tax as required by Section 41.1, then, as
between the Providing Party and the Purchasing Part, (a) the
Purchasing Party shall remain liable for such unbiled Tax and any
interest assessed thereon and (b) the Providing Party shall be liable
for any penalty assessed with respect to such unbiled Tax by a taxing
authority.
If the Providing Party properly bills the Purchasing Party for any Tax
but the Purchasing Party fails to remit such Tax to the Providing Party
as required by Section 41.2, then, as between the Providing Party and
41.5.2
Bandwidth 10 Camp v3.1 22
the Purchasing Party, the Purchasing Party shall be liable for such
uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
If the Providing Party does not collect any Tax as required by Section
41.1 because the Purchasing Party has provided such Providing Party
with an exemption certificate that is later found to be inadequate,
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.
If the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, 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.
If the Purchasing Party fails to impose and/or collect any Tax from
Subscribers as required by Section 41.3, 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.
41.6 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.
41.5.3
41.5.4
41.5.5
41.7 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:
Verizon Communications
Tax Department
One Verizon Way, VC53S-221
Basking Ridge, NJ 07920
To Bandwidth:
Bandwidth 10 Comp v3.1 23
Kade Ross
4001 Weston Parkway
Suite 100
Cary, North Carolina 27513
Each Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42. Technology Upgrades
Notwithstanding any other provision of this Agreement, Verizon shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Verizon, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate Bandwidth'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 softare or otherwise.
Bandwidth shall be solely responsible for the cost and activities associated with
accommodating such changes in its own network.
43. Territory
43.1 This Agreement applies to the territory in which Verizon operates as an
Incumbent Local Exchange Carrier in the State of Idaho. Verizon shall be
obligated to provide Services under this Agreement only within this territory.
43.2 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 Bandwidth with at least 90 calendar days prior
written notice of such termination, which shall be effective upon the date
specified in the notice.
44. Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and nothing herein shall create or be construed
to provide any third-persons (including, but not limited to, Customers or contractors of a
Party) with any rights (including, but not limited to, any third-party beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Part shall have no liability
under this Agreement to the Customers of the other Party or to any other third person.
45. (This Section Intentionally Left Blank)
46. 252(i) Obligations
To the extent required by Applicable Law, each Party shall comply with Section 252(i) of
the Act. To the extent that the exercise by Bandwidth of any rights it may have under
Section 252(i) results in the rearrangement of Services by Verizon, Bandwidth 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
Bandwidth 10 Camp v3.1 24
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48. Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49. Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY. WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE, OR OTHERWISE.
50. Withdrawal of Services
50.1 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
Bandwidth.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirt (30) days prior written notice
to Bandwidth terminate any provision of this Agreement that provides for the
payment by Verizon to Bandwidth of compensation related to traffic, including,
but not limited to, Reciprocal Compensation and other types of compensation for
termination of traffic delivered by Verizon to Bandwidth. Following such
termination, except as otherwise agreed in writing by the Parties, Verizon shall
be obligated to provide compensation to Bandwidth 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 Bandwidth related to traffic only to
the extent required by Applicable Law. If within thirty (30) days after Verizon's
notice of termination the Parties are unable to agree in writing upon mutually
acceptable substitute provisions for compensation related to traffc, either Party
may submit their disagreement to dispute resolution in accordance with Section
14 of this Agreement.
Bandwidth 10 Camp v3.1 25
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.::N~
'P.
Printed: Kade Ross
Title: Chief Operating Offcer
Bandwidth 10 Camp v3.1
By:
Printed: Gary Librizzi
Title: Director~ Negotiations
26
GLOSSARY
1. General Rule
1.1 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.
1.2 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.
1.3 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 "wil" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
2. Definitions
2.1 Act.
The Communications Act of 1934 (47 U.S.C. §151 et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
2.2 Advanced Services.
As a general matter, shall have the meaning set forth by the FCC.
2.3 Affliate.
Shall have the meaning set forth in the Act.
2.4 Agent.
An agent or servant.
2.5 Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.6 ALI (Automatic Location Identification) Database.
The emergency services (E-911) database controlled by Verizon containing
Bandwidth 10 Camp v3.1 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ("NENA") ID, 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 biling
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 L1DB.
2.8 ANI (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the biling number of the callng party.
2.9 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party's performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term "Applicable Law" means
the Federal Unbundling Rules.
2.10 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.
2.11 ATIS.
The Allance for Telecommunications Industry Solutions.
2.12 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.
2.13 Business Day.
Monday through Friday, except for holidays observed by Verizon.
2.14 Calendar Quarter.
January through March, April through June, July through September, or October
through December.
2.15 Calendar Year.
January through December.
2.16 (Intentionally Left Blank).
2.17 Call Back Number.
Bandwidth 10 Camp v3.1 28
A telephone number that can be used by the PSAP to re-contact the location
from which a 911/E-911 Call was placed. The telephone number mayor may not
be the telephone number of the station used to originate the 911/E-911 Call.
2.18 CCS (Common Channel Signaling).
Amethod of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilties
that carry the actual voice or data content of the call.
2.19 Central Office.
An End Offce or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
2.20 (Intentionally Left Blank).
2.21 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's
fees).
2.22 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. Bandwidth is or shortly wil become a CLEC.
2.23 CLLI Codes.
Common Language Location Identifier Codes.
2.24 CMDS (Centralized Message Distribution System).
The billng record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Biling System
(CABS) records.
2.25 Commission.
Idaho Public Utiliies Commission.
2.26 Controllng 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.
2.27 CPN (Callng Party Number).
A CCS parameter that identifies the callng party's telephone number.
2.28 CPNI (Customer Proprietary Network Information).
Bandwidth 10 Comp v3.1 29
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. § 222.
2.29 Cross Connection.
For a collocation arrangement, the facilities between the collocating Party's
equipment and the equipment or facilities of the housing Party (such as the
housing Party's digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.30 Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.31 Dark Fiber Loop.
Consists of fiber optic strand(s) in a Verizon fiber optic cable between Verizon's
accessible terminal, such as the fiber distribution frame, or its functional
equivalent, located within a Verizon End Office, and Verizon's accessible
terminal located in Verizon's main termination point at a Customer premises,
such as a fiber patch panel, and that Verizon has not activated through
connection to electronics that "light" it and render it capable of carrying
Telecommunications Services.
2.32 Dark Fiber Transport.
An optical transmission facility, within a LATA, that Verizon has not activated by
attaching multiplexing, aggregation or other electronics, between Verizon
switches (as identified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DSO-, DS1-, or DS3-capacity transmission facility between Verizon switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffice facilities ("10F"). Dedicated Transport does not include
any facility that does not connect a pair of Verizon UNE Wire Centers.
2.34 Default PSAP.
The PSAP designated by the Controllng 911 Authority to receive a 911/E-911
Call when it is not feasible to route that 911/E-911 Call to the Designated PSAP.
2.35 Designated PSAP.
The primary PSAP designated by the Controllng 911 Authority to receive a
911/E-911 Call based upon the geographic location of the end user.
2.36 Digital Signal LeveL.
One of several transmission rates in the time-division multiplex hierarchy.
2.37 Discontinued Facility.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Verizon to provide on an unbundled basis to Bandwidth, whether
because the facilty was never subject to an unbundling requirement under the
Bandwidth 10 Camp v3.1 30
Federal Unbundling Rules, because the facility by operation of law has ceased or
ceases to be subject to an unbundling requirement under the Federal Unbundling
Rules, or otherwise.
2.38 DSO (Digital Signal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
2.39 DS1 (Digital Signal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.40 DS1 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
2.41 DS3 (Digital Signal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.42 DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
2.43 DS3 Loop.
A digital transmission channel, between the main distribution frame (or its
equivalent) in an end user's serving UNE Wire Center and the demarcation point
at the end user customer's premises, suitable for the transport of isochronous
bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Verizon TR 72575, as revised from time
to time. A DS3 Loop requires the electronics necessary to provide the DS3
transmission rate.
2.44 EMI (Exchange Message Interface).
Standard used for the interexchange of telecommunications message information
between local exchange carriers and interexchange carriers for bilable, non-
bilable, sample, settlement and study data. Data is provided between
companies via a unique record layout that contains Customer biling information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Offce.
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.
2.46 (Intentionally Left Blank).
2.47 Exchange Access.
Shall have the meaning set forth in the Act.
2.48 Extended Local Callng Scope Arrangement.
Bandwidth 10 Camp v3.1 31
An arrangement that provides a Customer a local callng scope (Extended Area
Service, "EAS"), outside of the Customer's basic exchange serving area.
Extended Local Callng Scope Arrangements may be either optional or non-
optionaL. "Optional Extended Local Callng Scope Arrangement Traffic" is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.49 FCC.
The Federal Communications Commission.
2.50 FCC Internet Order.
Order on Remand and Report and Order, /n the Matter of Implementation of the
Loca/ Competition Provisions in the Telecommunications Act of 1996, /ntercarrier
Compensation for /SP Bound Traffic, FCC 01-131, CC Docket Nos. 96-98 and
99-68, (adopted April 18, 2001).
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.52 Federal Unbundling Rules.
Any lawful requirement to provide access to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Verizon by
the FCC pursuant to both 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51. Any
reference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51.
2.53 Feeder.
The fiber optic cable (lit or unlit) or metallc portion of a Loop between a serving
End Office and a remote terminal or feeder/distribution interface.
2.54 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.
2.55 FTTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
from the main distribution frame (or its equivalent) in an end user's serving End
Office to the demarcation point at the end user's customer premises or to a
serving area interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution facilties
extending from such serving area interface are not more than 500 feet from the
demarcation point at the respective end users' customer premises; provided,
however, that in the case of predominantly residential multiple dwellng units
(MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or li, that extends from the main distribution frame (or its equivalent) in the
End Office that serves the multiunit premises: (a) to or beyond the multiunit
Bandwidth 10 Camp v3.1 32
premises' minimum point of entry (MPOE), as defined in 47 C.F.R. § 68.105; or
(b) to a serving area interface at which the fiber optic cable connects to copper or
coaxial distribution facilities that extend to or beyond the multiunit premises'
MPOE, provided that all copper or coaxial distribution facilities extending from
such serving area interface are not more than 500 feet from the MPOE at the
multiunit premises.
2.56 House and Riser Cable.
A two-wire metallc distribution facilty 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).
2.57 Hybrid Loop.
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP
Loop is not a Hybrid Loop.
2.58 IDLC (Integrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 rybps
digital signaL.
2.59 ILEC (Incumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.60 Information Access.
The provision of specialized exchange telecornmunications services in
connection with the origination, termination, transmission, switching, forwarding
or routing of telecommunications traffc to or from the facilties of a provider of
information services, including a provider of Internet access or Internet
transmission services.
2.61 Inside Wire or Inside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 Interconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End
Offices, Tandems and related facilties.
2.63 Internet Traffc.
Any traffc that is transmitted to or returned from the Internet at any point during
the duration of the transmission.
2.64 InterLATA Service.
Shall have the meaning set forth in the Act.
2.65 IntraLATA.
Bandwidth 10 Camp v3.1 33
Telecommunications that originate and terminate within the same LATA.
2.66 (Intentionally Left Blank).
2.67 ISDN (Integrated Services Digital Network).
A switched network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate Interface-ISDN (BRI-
ISDN) provides for digital transmission of two (2)64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
2.68 IXC (Interexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, InterLATA or
IntraLATA Telephone Toll Services.
2.69 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.70 LEC (Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.71 LERG (Local Exchange Routing Guide).
A Telcordia Technologies reference containing NPAlNXX routing and homing
information.
2.72 UDB (Line Information Data Base).
Line Information databases which provide, among other things, callng card
validation functionality for telephone line number cards issued by Verizon and
other entities and validation data for collect and third number-biled calls (e.g.,
data for biled number screening).
2.73 (Intentionally Left Blank).
2.74 Line Side.
An End Offce 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.
2.75 Loop.
A transmission path that extends from a Main Distribution Frame or functionally
comparable piece of equipment in a Customer's serving End Office, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Customer's premises. The actual transmission facilties used to provide a Loop
may utilize any of several technologies.
2.76 LSR (Local Service Request).
Bandwidth ID Camp v3.1 34
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
TelecommunicatiOns Services and Network Elements.
2.77 Maintenance Control Office.
Either Party's center responsible for control of the maintenance and repair of a
circuit.
2.78 MDF (Main Distribution Frame).
The primary point at which outside plant facilties terminate within an
Interconnection Wire Center, for interconnection to other Telecommunications
facilities within the Interconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a switching
system.
2.79 Measured Internet Traffic.
Dial-up, switched Internet Traffc originated by a Customer of one Party on that
Party's network at a point in a Verizon local callng 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 callng area. Verizon local
callng areas shall be as defined by Verizon. For the purposes of this definition, a
Verizon local callng area includes a Verizon non-optional Extended Local Callng
Scope Arrangement, but does not include a Verizon optional Extended Local
Callng Scope Arrangement. Calls originated on a 1 + presubscription basis, or
on a casual dialed (1 OXXX101XXX) basis, are not considered Measured
Internet Traffic. For the avoidance of any doubt, Virtual Foreign Exchange Traffic
(Le., V/FX Traffc) (as defined in the Interconnection Attachment) does not
constitute Measured Internet Traffc.
2.80 MECAB (Multiple Exchange Carrier Access Biling).
A document prepared by the Billng Committee of the Ordering and Billng Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of ATIS. The MECAB document, published by ATIS as "ATIS/OBF-
MECAB", as revised from time to time, contains the recommended guidelines for
the billng of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.81 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 Biling Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as "ATIS/OBF-MECOD", as revised from time to
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
2.82 (Intentionally Left Blank).
2.83 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
Bandwidth 10 Camp v3.1 35
2.84 NANP (North American Numbering Plan).
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4 digit line number.
2.85 Network Element.
Shall have the meaning stated in the Act.
2.86 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.
2.87 911/E-911 Call(s).
Call(s) made by the Bandwidth end user by dialing the three digit telephone
number "911" to facilitate the reporting of an emergency requiring response by a
public safety agency.
2.88 911/E-911 Service Provider.
An entity authorized to provide 911/E-911 network and database services within
a particular jurisdiction.
2.89 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.
2.90 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.
2.91 NXX, NXX Code, Central Office Code or CO Code.
The three-digit switch entity indicator (i.e. the first three digits of a seven-digit
telephone number).
2.92 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
Bandwidth 10 Camp v3.1 36
lines or other Services for a stated period or minimum period of time).
2.93 Originating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.94 POi (Point of Interconnection).
The physical location where the Parties' respective facilties physically
interconnect for the purpose of mutually exchanging their traffic. As set forth in
the Interconnection Attachment, a Point of Interconnection shall be at (i) a
technically feasible point on Verizon's network in a LATA and/or (ii) a fiber meet
point to which the Parties mutually agree under the terms of this Agreement. By
way of example, a technically feasible Point of Interconnection on Verizon's
network in a LATA would include an applicable Verizon Tandem Interconnection
Wire Center or Verizon End Office Interconnection Wire Center but,
notwithstanding any other provision of this Agreement or otherwise, would not
include a Bandwidth Interconnection Wire Center, Bandwidth switch or any
portion of a transport facility provided by Verizon to Bandwidth or another party
between (x) a Verizon Interconnection Wire Center or switch and (y) the
Interconnection Wire Center or switch of Bandwidth or another party.
2.95 Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
2.96 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.
2.97 Providing Party.
A Party offering or providing a Service to the other Party under this Agreement.
2.98 PSAP.
Public Safety Answering Point.
2.99 Purchasing Party.
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.100 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules, under this
Agreement or a Verizon UNE Tariff.
2.101 Qualifying Wholesale Services.
Wholesale services obtained from Verizon under a Verizon access Tariff or a
separate wholesale agreement.
Bandwidth 10 Camp v3.1 37
2.102 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 wil
provide Telephone Exchange Services bearing the particular NPA-NXX
designation associated with the specific Rate Center Area.
2.103 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 billng 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 Offce location,
or a "LEC Consortium Point Of Interconnection."
2.104 Rate Demarcation Point.
The physical point in a Verizon provided network facility at which Verizon's
responsibility for maintaining that network facility ends and the Customer's
responsibility for maintaining the remainder of the facilty begins, as set forth in
this Agreement, Verizon's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
2.105 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251 (b )(5) of the Act,
the FCC Internet Order, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Party's network and terminating on the other Party's
network (as set forth in Section 7 of the Interconnection Attachment).
2.106 Reciprocal Compensation Traffc.
Telecommunications traffic originated by a Customer of one Party on that Part's
network and terminated to a Customer of the other Party on that other Party's
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 traffc is Exchange Access or Information Access shall be
based upon Verizon's local callng areas as defined by Verizon. Reciprocal
Compensation Traffic does not include the following traffic (it being understood
that certain traffic types wil fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffc): (1) any Internet Traffc;
(2) traffic that does not originate and terminate within the same Verizon local
callng area as defined by Verizon, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffc,
including, but not limited to, calls originated on a 1 + presubscription basis, or on
a casual dialed (1 OXXX101XXX) basis; (4) Optional Extended Local Callng
Scope Arrangement Traffic; (5) special access, private line, Frame Relay, ATM,
or any other traffc 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 Traffc (or
V/FX Traffc) (as defined in the Interconnection Attachment). For the purposes of
this definition, a Verizon local calling area includes a Verizon non-optional
Bandwidth 10 Camp v3.1 38
Extended Local Calling Scope Arrangement, but does not include a Verizon
optional Extended Local Calling Scope Arrangement.
2.107 Retail Prices.
The prices at which a Service is provided by Verizon at retail to subscribers who
are not Telecommunications Carriers.
2.108 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound traffic to specified NPA-NXXs. The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located. However, the Routing Point associated with each NPA-NXX need not
be the same as the corresponding Rate Center Point, nor must it be located
within the corresponding Rate Center Area, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
2.109 Service.
Any Interconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facility or arrangement,
offered by a Party under this Agreement.
2.110 (Intentionally Left Blank).
2.111 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 Bandwidth utilize
this out-of-band signaling protocol in relation to their routing and completion of
traffic.
2.112 Subsidiary.
A corporation or other person that is controlled by a Party.
2.113 Sub-Loop Distribution Facility.
A two-wire or four-wire metallc distribution facilty 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).
2.114 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffc. Switched Exchange Access Services
include but may not be limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
2.115 Tandem.
A switching entity that has billng and recording capabilties 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
Bandwidth 10 Camp v3.1 39
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.
2.116 Tariff.
2.116.1 Any applicable Federal or state tariff of a Party, as amended from time
to time; or
2.116.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Party offers a Service.
The term "Tariff' does not include any Verizon Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.117 Telcordia Technologies.
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
2.118 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.119 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.120 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.121 Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.122 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 liabilty to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Party.
2.123 Toll Traffc.
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 Traffc, Measured Internet Traffc, or Ancilary
Traffic. Toll Traffic may be either "lntraLATA Toll Traffc" or "lnterLATA Toll
Traffic", depending on whether the originating and terminating points are within
the same LATA.
2.124 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
Bandwidth 10 Camp v3.1 40
"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 Liabilty Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.125 Traffic Factor 1.
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured Internet
Traffic) by the total number of minutes of interstate and intrastate traffic.
((nterstate Traffic Total Minutes of Use ~excluding Measured Internet Traffic
Total Minutes of Use) + ~Interstate Traffic Total Minutes of Use + Intrastate Traffc
Total Minutes of UseH x 100). Until the form of a Part's bils is updated to use
the term "Traffic Factor 1," the term "Traffc Factor 1" may be referred to on the
Party's bils and in biling related communications as "Percent Interstate Usage"
or "PIU."
2.126 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 traffc and Measured Internet Traffc. (HReciprocal Compensation
Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Use) +
(Intrastate Traffic Total Minutes of Use + Measured Internet Traffc Total Minutes
of UseH x 100). Until the form of a Party's bills is updated to use the term "Traffc
Factor 2," the term "Traffic Factor 2" may be referred to on the Party's bils and .in
billng related communications as "Percent Local Usage" or "PLU."
2.127 Triennial Review Remand Order (TRRO).
The FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-
338, released on February 4, 2005.
2.128 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.
2.129 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
Bandwidth 10 Comp v3.1 41
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.130 UNE Wire Center.
Shall have the same meaning as "Wire Center" set forth in 47 C.F.R. § 51.5.
2.131 V and H Coordinates Method.
A method of computing airline miles between two points by utilzing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.132 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.
2.133 xDSL.
As defined and offered in this Agreement. The small "x" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavor."
Bandwidth 10 Camp v3.1 42
ADDITIONAL SERVICES ATTACHMENT
1. Alternate Biled Calls
1.1 The Parties will engage in settlements of intraLA T A intrastate alternate-biled
calls (~, collect, callng card, and third-party billed calls) originated or
authorized by their respective Customers in accordance with an arrangement
mutually agreed to by the Parties.
2. 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.
3. (This Section Intentionally Left Blank)
4. Directory Listing and Directory Distribution
To the extent required by Applicable Law, Verizon wil provide directory services to
Bandwidth. Such services wil be provided in accordance with the terms set forth herein.
4.1 Listing Information.
As used herein, "Listing Information" means a Bandwidth Customer's primary
name, address (including city, state and zip code), telephone number(s), the
delivery address and number of directories to be delivered, and, in the case of a
business Customer, the primary business heading under which the business
Customer desires to be placed, and any other information Verizon deems
necessary for the publication and delivery of directories.
4.2 Listing Information Supply.
Bandwidth shall provide to Verizon on a regularly scheduled basis, at no charge,
and in a format required by Verizon or by a mutually agreed upon industry
standard (e.g., Ordering and Biling Forum developed) all Listing Information and
the service address for each Bandwidth Customer whose service address
location falls within the geographic area covered by the relevant Verizon
directory. Bandwidth shall also provide to Verizon on a daily basis: (a)
information showing Bandwidth Customers who have disconnected or terminated
their service with Bandwidth; and (b) delivery information for each non-listed or
non-published Bandwidth Customer to enable Verizon to perform its directory
distribution responsibilities. Verizon shall promptly provide to Bandwidth
(normally within forty-eight (48) hours of receipt by Verizon, excluding non-
business days) a query on any listing that is not acceptable.
4.3 Listing Inclusion and Distribution.
Verizon shall include each Bandwidth 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 Bandwidth
Customers in the same manner it provides initial distribution of such directories to
its own Customers. "Primary Listing" means a Customer's primary name,
Bandwidth 10 Camp v3.1 43
address, and telephone number. Listings of Bandwidth's Customers shall be
interfiled with listings of Verizon's Customers and the Customers of other LECs
included in the Verizon directories. Bandwidth shall pay Verizon's Tariffed
charges for additional, foreign, and other listings products (as documented in
local Tariff) for Bandwidth's Customers.
4.4 Verizon Information.
Upon request by Bandwidth, Verizon shall make available to Bandwidth 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 Bandwidth, 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 Bandwidth Listing Information the same level of
confidentiality that Verizon accords its own listing information, and shall use such
Listing Information solely for the purpose of providing directory-related services;
provided, however, that should Verizon elect to do so, it may use or license
Bandwidth Listing Information for directory publishing, direct marketing, or any
other purpose for which Verizon uses or licenses its own listing information, so
long as Bandwidth Customers are not separately identified as such; and provided
further that Bandwidth 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 Bandwidth for Verizon's use or licensing of
Bandwidth Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of Bandwidth Customer listings. At Bandwidth's request, Verizon
shall provide Bandwidth with a report of all Bandwidth Customer listings in a
reasonable timeframe prior to the service order close date for the applicable
directory. Verizon shall process any corrections made by Bandwidth with respect
to its listings, provided such corrections are received prior to the close date of the
particular directory.
4.7 Indemnification.
Bandwidth shall adhere to all practices, standards, and ethical requirements
established by Verizon with regard to listings. By providing Verizon with Listing
Information, Bandwidth warrants to Verizon that Bandwidth has the right to
provide such Listing Information to Verizon on behalf of its Customers.
Bandwidth 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. Bandwidth
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, instiuted, or asserted by any person arising
out of Verizon's publication or dissemination of the Listing Information as
provided by Bandwidth hereunder.
Bandwidth 10 Camp v3.1 44
4.8 Liability.
Verizon's liabilty to Bandwidth in the event of a Verizon error in or omission of a
Bandwidth Customer listing shall not exceed the amount actually paid by
Bandwidth to Verizon for such listing. Bandwidth 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
Bandwidth's Customers in the event of a Verizon error in or omission of a listing
shall be subject to the same limitations of liabilty applicable between Verizon and
its own Customers as set forth in Verizon's applicable Tariffs.
4.9 Service Information Pages.
Verizon shall include all Bandwidth 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. Bandwidth's NXX codes shall appear in such lists in
the same manner as Verizon's NXX information. In addition, when Bandwidth is
authorized to, and is offering, local service to Customers located within the
geographic area covered by a specific directory, at Bandwidth's request, Verizon
shall include, at no charge, in the "Customer Guide" or comparable section of the
applicable alphabetical directories, Bandwidth's critical contact information for
Bandwidth's installation, repair and Customer service, as provided by Bandwidth.
Such critical contact information shall appear alphabetically by local exchange
carrier and in accordance with Verizon's generally applicable policies. Bandwidth
shall be responsible for providing the necessary information to Verizon by the
applicable close date for each affected directory.
4.10 Directory Publication.
Nothing in this Agreement shall require Verizon to publish a directory where it
would not otherwise do so.
4.11 Other Directory Services.
Bandwidth acknowledges that if Bandwidth desires directory services in addition
to those described herein, such additional services must be obtained under
separate agreement with Verizon's directory publishing company.
5. Voice Information Service Traffc
5.1 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 Traffc
means intraLA T A switched voice traffic, delivered to a Voice Information Service.
Voice Information Service Traffic does not include any form of Internet Traffic.
Voice Information Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces, which traffc shall be subject to separate
arrangements between the Parties. Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
5.2 If a Bandwidth Customer is served by resold Verizon dial tone line
Telecommunications Service, to the extent reasonably feasible, Verizon wil route
Voice Information Service Traffc originating from such Service to the appropriate
Voice Information Service connected to Verizon's network unless a feature
Bandwidth 10 Comp v3.1 45
blocking such Voice Information Service Traffc has been installed. For such
Voice Information Service Traffic, Bandwidth shall pay to Verizon without
discount any Voice Information Service provider charges biled by Verizon to
Bandwidth. Bandwidth shall pay Verizon such charges in full regardless of
whether or not Bandwidth collects such charges from its Customer.
5.3 Bandwidth shall have the option to route Voice Information Service Traffc that
originates on its own network to the appropriate Voice Information Service
connected to Verizon's network. In the event Bandwidth exercises such option,
Bandwidth will establish, at its own expense, a dedicated trunk group to the
Verizon Voice Information Service serving switch. This trunk group wil be
utilized to allow Bandwidth to route Voice Information Service Traffic originated
on its network to Verizon. For such Voice Information Service Traffc, unless
Bandwidth has entered into a written agreement with Verizon under which
Bandwidth wil collect from Bandwidth's Customer and remit to Verizon the Voice
Information Service provider's charges, Bandwidth shall pay to Verizon without
discount any Voice Information Service provider charges biled by Verizon to
Bandwidth. Bandwidth shall pay Verizon such charges in full regardless of
whether or not Bandwidth collects such charges from its own Customer.
6. Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Verizon to Bandwidth, or
from Bandwidth 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 Part unpaid overdue amounts or the
Customer requests that no Referral Announcement be provided.
6.2 Referral Announcements shall be provided, in the case of business Customers,
for a period of not less than one hundred and twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thirty (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement wil be provided by each Party at no charge to the
other Party; provided that the Party formerly providing service may bil the
Customer its standard Tariff charge, if any, for the referral announcement.
7. Originating Line Number Screening (OLNS)
Upon Bandwidth's request, Verizon wil update its database used to provide originating
line number screening (the database of information which indicates to an operator the
acceptable biling methods for calls originating from the callng number (e.g., penal
institutions, COCOTS).
8. Operations Support Systems (OSS) Services
8.1 Definitions.
Bandwidth 10 Camp v3.1 46
The terms listed below shall have the meanings stated below:
8.1.1 Verizon Operations Support Systems: Verizon systems for pre-
ordering, ordering, provisioning, maintenance and repair, and biling.
8.1.2 Verizon OSS Services: Access to Verizon Operations Support
Systems functions. The term "Verizon OSS Services" includes, but is
not limited to: (a) Verizon's provision of Bandwidth Usage Information
to Bandwidth pursuant to Section 8.3 of this Attachment; and, (b)
"Verizon OSS Information", as defined in Section 8.1.4 of this
Attachment.
8.1.3 Verizon OSS Facilities: Any gateways, interfaces, databases,
facilties, equipment, software, or systems, used by Verizon to provide
Verizon OSS Services to Bandwidth.
8.1.4 Verizon OSS Information: Any information accessed by, or disclosed
or provided to, Bandwidth through or as a part of Verizon OSS
Services. The term "Verizon OSS Information" includes, but is not
limited to: (a) any Customer Information related to a Verizon
Customer or a Bandwidth Customer accessed by, or disclosed or
provided to, Bandwidth through or as a part of Verizon OSS Services;
and, (b) any Bandwidth Usage Information (as defined in Section 8.1.6
of this Attachment) accessed by, or disclosed or provided to,
Bandwidth.
8.1.5 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 Accss
service (as defined in Section 3(16) of the Act, 47 U.S.C. § 153(16))
provided by Verizon.
8.1.6 Bandwidth Usage Information: For a Verizon Retail
Telecommunications Service purchased by Bandwidth pursuant to the
Resale Attachment, the usage information that Verizon would record if
Verizon was furnishing such Verizon Retail Telecommunications
Service to a Verizon end-user retail Customer.
8.1.7 Customer Information: CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase
by a Customer of the services or products of a Party.
8.2 Verizon OSS Services.
8.2.1 Upon request by Bandwidth, Verizon shall provide to Bandwidth
Verizon OSS Services. Such Verizon OSS Services wil be provided
in accordance with, but only to the extent required by, Applicable Law.
Subject to the requirements of Applicable Law, Verizon Operations
Support Systems, Verizon Operations Support Systems functions,
Verizon OSS Facilities, Verizon OSS Information, and the Verizon
OSS Services that will be offered by Verizon, shall be as determined
by Verizon. Subject to the requirements of Applicable Law, Verizon
shall have the right to change Verizon Operations Support Systems,
Verizon Operations Support Systems functions, Verizon OSS
8.2.2
Bandwidth 10 Camp v3.1 47
Facilities, Verizon OSS Information, and the Verizon OSS Services,
from time-to-time, without the consent of Bandwidth.
8.2.3 To the extent required by Applicable Law, in providing Verizon OSS
Services to Bandwidth, Verizon wil comply with Verizon's applicable
OSS Change Management Guidelines, as such Guidelines are
modified from time-to-time, including, but not limited to, the provisions
of the Guidelines related to furnishing notice of changes in Verizon
OSS Services. Verizon's OSS Change Management Guidelines wil
be set out on a Verizon website.
8.3 Bandwidth Usage Information.
8.3.1 Upon request by Bandwidth, Verizon shall provide to Bandwidth
Bandwidth Usage Information. Such Bandwidth Usage Information wil
be provided in accordance with, but only to the extent required by,
Applicable Law.
8.3.2 Bandwidth Usage Information wil be available to Bandwidth through
Network Data Mover (NDM) or other such media as mutually agreed
by both Parties.
8.3.3 Bandwidth Usage Information wil be provided in an ATIS EMI format.
8.3.4 Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
Bandwidth Usage Information wil be provided to Bandwidth shall be
determined by Verizon.
8.4 Access to and Use of Verizon OSS Facilities.
8.4.1
8.4.2
8.4.3
8.4.4
8.4.5
Bandwidth 10 Camp v3.1
Verizon OSS Facilties may be accessed and used by Bandwidth only
to the extent necessary for Bandwidth's access to and use of Verizon
OSS Services pursuant to this Agreement.
Verizon OSS Facilities may be accessed and used by Bandwidth only
to provide Telecommunications Services to Bandwidth Customers.
Bandwidth shall restrict access to and use of Verizon OSS Facilities to
Bandwidth. This Section 8 does not grant to Bandwidth any right or
license to grant sublicenses to other persons, or permission to other
persons (except Bandwidth's employees, agents and contractors, in
accordance with Section 8.4.7 of this Attachment), to access or use
Verizon OSS Facilities.
Bandwidth shall not (a) alter, modify or damage the Verizon OSS
Facilities (including, but not limited to, Verizon softare), (b) copy,
remove, derive, reverse engineer, or decompile, software from the
Verizon OSS Facilties, or (c) obtain access throughVerizon ass
Facilties to Verizon databases, facilities, equipment, softare, or
systems, which are not offered for Bandwidth's use under this Section
8.
Bandwidth shall comply with all practices and procedures established
by Verizon for access to and use of Verizon OSS Facilties (including,
but not limited to, Verizon practices and procedures with regard to
security and use of access and user identification codes).
48
8.4.6 All practices and procedures for access to and use of Verizon OSS
Facilities, and all access and user identification codes for Verizon OSS
Facilties: (a) shall remain the property ofVerizon; (b) shall be used by
Bandwidth only in connection with Bandwidth's use of Verizon OSS
Facilities permitted by this Section 8; (c) shall be treated by Bandwidth
as Confidential Information of Verizon pursuant to Section 10 of the
General Terms and Conditions; and, (d) shall be destroyed or returned
by Bandwidth to Verizon upon the earlier of request by Verizon or the
expiration or termination of this Agreement.
8.4.7 Bandwidth's employees, agents and contractors may access and use
Verizon OSS Facilties only to the extent necessary for Bandwidth's
access to and use of the Verizon OSS Facilities permitted by this
Agreement. Any access to or use of Verizon OSS Facilities by
Bandwidth'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 8.5.3.2 of this
Attachment.
8.5 Verizon OSS Information.
8.5.1 Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Verizon grants to Bandwidth
a non-exclusive license to use Verizon OSS Information.
8.5.2 All Verizon OSS Information shall at all times remain the property of
Verizon. Except as expressly stated in this Section 8, Bandwidth shall
acquire no rights in or to any Verizon OSS Information.
8.5.3 The provisions of this Section 8.5.3 shall apply to all Verizon OSS
Information, except (a) Bandwidth Usage Information, (b) CPNI of
Bandwidth, and (c) CPNI of a Verizon Customer or a Bandwidth
Customer, to the extent the Customer has authorized Bandwidth to
use the CPNI.
8.5.3.1 Verizon OSS Information may be accessed and used by
Bandwidth only to provide Telecommunications Services to
Bandwidth Customers.
8.5.3.2 Bandwidth shall treat Verizon OSS Information that is
designated by Verizon, through written or electronic notice
(including, but not limited to, through the Verizon OSS
Services), as "Confidential" or "Proprietary" as Confidential
Information of Verizon pursuant to Section 10 of the
General Terms and Conditions.
8.5.3.3 Except as expressly stated in this Section 8, this Agreement
does not grant to Bandwidth any right or license to grant
sublicenses to other persons, or permission to other
persons (except Bandwidth's employees, agents or
contractors, in accordance with Section 8.5.3.4 of this
Attachment), to access, use or disclose Verizon ass
Information.
8.5.3.4 Bandwidth's employees, agents and contractors may
access, use and disclose Verizon OSS Information only to
the extent necessary for Bandwidth's access to, and use
Bandwidth 10 Camp v3.1 49
and disclosure of, Verizon OSS Information permitted by
this Section 8. Any access to, or use or disclosure of,
Verizon OSS Information by Bandwidth'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 8.5.3.2 of
this Attachment.
8.5.3.5 Bandwidth's license to use Verizon OSS Information shall
expire upon the earliest of: (a) the time when the Verizon
OSS Information is no longer needed by Bandwidth to
provide Telecommunications Services to Bandwidth
Customers; (b) termination of the license in accordance with
this Section 8; or (c) expiration or termination of this
Agreement.
8.5.3.6 All Verizon OSS Information received by Bandwidth shall be
destroyed or returned by Bandwidth to Verizon, upon
expiration, suspension or termination of the license to use
such Verizon OSS Information.
8.5.4 Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including, but not limited to, Section 2.2
of the General Terms and Conditions and Section 8.6.1 of this
Attachment), Bandwidth's access to Verizon OSS Information through
Verizon OSS Services shall terminate upon the expiration or
termination of this Agreement.
8.5.5 Audits.
8.5.5.1 Verizon shall have the right (but not the obligation) to audit
Bandwidth to ascertain whether Bandwidth is complying
with the requirements of Applicable Law and this Agreement
with regard to Bandwidth's access to, and use and
disclosure of, Verizon OSS Information.
8.5.5.2 Without in any way limiting any other rights Verizon may
have under this Agreement or Applicable Law, Verizon shall
have the right (but not the obligation) to monitor
Bandwidth's access to and use of Verizon OSS Information
which is made available by Verizon to Bandwidth.pursuant
to this Agreement, to ascertain whether Bandwidth is
complying with the requirements of Applicable Law and this
Agreement, with regard to Bandwidth'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 Bandwidth's
access to and use of Verizon OSS Information which is
made available by Verizon to Bandwidth through Verizon
OSS Facilties.
8.5.5.3 Information obtained by Verizon pursuantto this Section
8.5.5 shall be treated by Verizon as Confidential Information
of Bandwidth pursuant to Section 10 of the General Terms
and Conditions; provided that, Verizon shall have the right
(but not the obligation) to use and disclose information
obtained by Verizon pursuant to Section 8.5.5 of this
Bandwidth 10 Camp v3.1 50
Attachment to enforce Verizon's rights under this
Agreement or Applicable Law.
8.5.6 Bandwidth acknowledges that the Verizon OSS Information, by its
nature, is updated and corrected on a continuous basis by Verizon,
and therefore that Verizon OSS Information is subject to change from
time to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by Bandwidth, or Bandwidth'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
Bandwidth or an employee, agent or contractor of Bandwidth 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
Bandwidth, to suspend the license to use Verizon OSS Information
granted by Section 8.5.1 of this Attachment and/or the provision of
Verizon OSS Services, in whole or in part.
8.6.2 Bandwidth agrees that Verizon would be irreparably injured by a
breach of Sections 8.4 or 8.5 of this Attachment by Bandwidth or the
employees, agents or contractors of Bandwidth, and thatVerizon shall
be entitled to seek equitable relief, including injunctive relief and
specific performance, in the event of any such breach. Such remedies
shall not be deemed to be the exclusive remedies for any such breach,
but shall be in addition to any other remedies available under this
Agreement or at law or in equity.
8.7 Relation to Applicable Law.
The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the
confidentialiy of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentialiy of information,
including, but not limited to, 47 U.S.C. § 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.
8.8 Cooperation.
Bandwidth, at Bandwidth's expense, shall reasonably cooperate withVerizon in
using Verizon OSS Services. Such cooperation shall include, but not be limited
to, the following:
8.8.1 Upon request by Verizon, Bandwidth shall by no later than the fifteenth
(15th) day of the last month of each Calendar Quarter submit to
Verizon reasonable, good faith estimates of the volume of each type of
OSS transaction that Bandwidth anticipates submitting in each week of
the next Calendar Quarter.
8.8.2 Bandwidth shall reasonably cooperate with Verizon in submitting
orders for Verizon Services and otherwise using the Verizon OSS
Services, in order to avoid exceeding the capacity or capabilties of
such Verizon OSS Services.
Bandwidth 10 Camp v3.1 51
8.8.3 Bandwidth shall participate in cooperative testing of Verizon OSS
Services and shall provide assistance to Verizon in identifying and
correcting mistakes, omissions, interruptions, delays, errors, defects,
faults, failures, or other deficiencies, in Verizon OSS Services.
8.9 Verizon Access to Information Related to Bandwidth Customers.
8.9.1 Verizon shall have the right to access, use and disclose information
related to Bandwidth Customers that is in Verizon's possession
(including, but not limited to, in Verizon OSS Facilties) to the extent
such access, use and/or disclosure has been. authorized by the
Bandwidth Customer in the manner required by Applicable Law.
8.9.2 Upon request by Verizon, Bandwidth shall negotiate in good faith and
enter into a contract with Verizon, pursuant to which Verizon may
obtain access to Bandwidth's operations support systems (including,
systems for pre-ordering, ordering, provisioning, maintenance and
repair, and biling) and information contained in such systems, to
permit Verizon to obtain information related to Bandwidth Customers
(as authorized by the applicable Bandwidth 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.
8.10 (Intentionally Left Blank).
8.11 Cancellations.
Verizon may cancel orders for service which have had no activity within thirt-one
(31) consecutive calendar days after the original service due date.
9. Poles, Ducts, Conduits and Rights-of-Way
9.1 Verizon shall afford Bandwidth non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by Verizon. Such access shall be
provided in accordance with, but only to the extent required by, Applicable Law,
pursuant to Verizon's applicable Tariffs, or, in the absence of an applicable
Verizon Tariff, Verizon's generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually acceptable
agreement to be negotiated by the Parties.
9.2 Bandwidth shall afford Verizon non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by Bandwidth. Such access shall
be provided pursuant to Bandwidth's applicable Tariffs, or, in the absence of an
applicable Bandwidth Tariff, Bandwidth'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 Bandwidth for such access shall be no less
favorable than the terms, conditions and prices offered to Bandwidth by Verizon
for access to poles, ducts, conduits and rights of way owned or controlled by
Verizon.
10. Telephone Numbers
10.1 This Section applies in connection with Bandwidth Customers served by
Telecommunications Services provided by Verizon to Bandwidth for resale.
Bandwidth 10 Comp v3.1 52
10.2 Bandwidth'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.
10.3 Subject to Sections 10.2 and 10.4 of this Attachment, if a Customer of either
Verizon or Bandwidth who is served by a Verizon Telecommunications Service
("VTS") changes the LEC that serves the Customer using such VTS (including a
change from Verizon to Bandwidth, from Bandwidth to Verizon, or from
Bandwidth to a LEC other than Verizon), after such change, the Customer may
continue to use with such VTS the telephone numbers that were assigned to the
VTS 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 Bandwidth for resale, the type or class of service
subscribed to by the Customer changes.
10.5 If service on a VTS provided by Verizon to Bandwidth under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a Bandwidth 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,
Bandwidth, or Telecommunications Carriers other than Verizon and Bandwidth.
10.6 Bandwidth 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 Bandwidth for
resale pursuant to the Resale Attachment, upon request by Bandwidth, Verizon wil
establish an arrangement that wil permit Bandwidth to route the Bandwidth Customer's
calls for operator and directory assistance services to a provider of operator and directory
assistance services selected by Bandwidth. Verizon wil provide this routing arrangement
in accordance with, but only to the extent required by, Applicable Law. Verizon wil
provide this routing arrangement pursuant to an appropriate written request submitted by
Bandwidth and a mutually agreed-upon schedule. This routing arrangement wil be
implemented at Bandwidth's expense, with charges determined on an individual case
basis. In addition to charges for initially establishing the routing arrangement, Bandwidth
wil be responsible for ongoing monthly and/or usage charges for the routing
arrangement. Bandwidth shall arrange, at its own expense, the trunking and other
facilities required to transport traffc to Bandwidth's selected provider of operator and
directory assistance services.
12. Unauthorized Carrier Change Charges
In the event either Party requests that the other Party install, provide, change, or
terminate a Customer's Telecommunications Service (including, but not limited to, a
Customer's selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision, selection,
change or termination in accordance with Applicable Laws, the requesting Party shall be
Bandwidth 10 Camp v3.1 53
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 Part by the other Party at any time after
the Customer is restored to its Customer-authorized condition.
13. Good Faith Peñormance
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 Bandwidth 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.
Bandwidth 10 Camp v3.1 54
INTERCONNECTION ATTACHMENT
1. General
Each Party shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of Interconnection on Verizon's network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of exampie,
a technically feasible Point of Interconnection on Verizon's network in a LATA would
include an applicable Verizon Tandem Interconnection Wire Center or Verizon End Offce
Interconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a Bandwidth Interconnection Wire Center, Bandwidth
switch or any portion of a transport facilty provided by Verizon to Bandwidth or another
party between (x) a Verizon Interconnection Wire Center or switch and (y) the
Interconnection Wire Center or switch of Bandwidth or another party. For brevity's sake,
the foregoing examples of locations that, respectively, are and are not "on Verizon's
network" shall apply (and are hereby incorporated by reference) each time the term "on
Verizon's network" is used in this Agreement.
2. Points of Interconnection and Trunk Types
2.1 Point(s) of Interconnection.
2.1.1 Each Party, at its own expense, shall provide transport facilties to the
technically feasible Point(s) of Interconnection on Verizon's network in
a LATA selected by Bandwidth.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 Interconnection Trunks for the transmission and routing of
geciprocal Compensation Traffc, translated LEC IntraLATA
toll free service access code (e.g., 800/888/877) traffic, and
IntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffc, and,
Measured Internet Traffic, all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffc, including translated
InterLATA toll free service access code (e.g., 800/888/877)
traffc, between Bandwidth 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
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
traffc congestion and testing; and, (b) untranslated
I ntra LATA/I nterLATA toll free service access code (e.g.
800/888/877) traffc.
Bandwidth 10 Camp v3.1 55
2.2.2 Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g., 911/E-911 Trunks) or in
other separate agreements between the Parties (e.g., directory
assistance trunks, operator services trunks, BLV/BLVI trunks or trunks
for 500/555 traffc).
2.2.3 In accordance with the terms of this Agreement, the Parties wil deploy
One-Way Interconnection Trunks (trunks with traffc going in one
direction, including one-way trunks and un i-directional two-way trunks)
and/or Two-Way Interconnection Trunks (trunks with traffc going in
both directions).
2.2.4 Bandwidth shall establish, at the technically feasible Point(s) of
Interconnection on Verizon's network in a LATA, separate
Interconnection Trunk group(s) between such POI(s) and each
Verizon Tandem in a LATA with a subtending End Offce(s) to which
Bandwidth originates calls for Verizon to terminate.
2.2.5 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 Centum 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 Centum 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 Offce One-Way
Interconnection Trunk groups between the Verizon End Offce and the
technically feasible Point of Interconnection on Verizon's network; or,
(ii) if Two-Way Interconnection Trunks are used, Bandwidth 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.
2.2.6 Except as otherwise agreed in writing by the Parties, the total number
of Tandem Interconnection Trunks between a technically feasible
Point of Interconnection on Verizon's network and a Verizon Tandem
wil 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, Bandwidth 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's network and the Verizon Tandem does not exceed the
capacity of the 240 trunks.
2.3 One-Way Interconnection Trunks.
2.3.1 Where the Parties use One-Way Interconnection Trunks for the
delivery of traffc from Bandwidth to Verizon, Bandwidth, at
Bandwidth's own expense, shall:
2.3.1.1 provide its own facilities for delivery of the traffc to the
technically feasible Point(s) of Interconnection on Verizon's
network in a LATA; and/or
Bandwidth 10 Camp v3.1 56
2.3.!1.2 obtain transport for delivery of the traffc 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 a Verizon access Tariff, from Verizon.
i
2.3.2 Forleach Tandem or End Office One-Way Interconnection Trunk group
for ~elivery of traffc from Bandwidth to Verizon with a utilization level
of lass than sixty percent (60%) for final trunk groups and eighty-five
per~ent (85%) for high usage trunk groups, unless the Parties agree
otherwise, Bandwidth wil promptly submit ASRs to disconnect a
suffcient number of Interconnection Trunks to attain a utilization level
of approximately sixty percent (60%) for all final trunk groups and
eig~ty-five percent (85%) for all high usage trunk groups. In the event
Baridwidth fails to submit an ASR to disconnect One-Way
Interconnection Trunks as required by this Section, Verizon may
disqonnect the excess Interconnection Trunks or bil (and Bandwidth
shall pay) for the excess Interconnection Trunks at the rates set forth
in t~e Pricing Attachment.
2.3.3 Where the Parties use One-Way Interconnection Trunks for the
deliyery of traffic from Verizon to Bandwidth, Verizon, at Verizon's own
expense, shall provide its own facilties for delivery of the traffic to the
technically feasible Point(s) of Interconnection on Verizon's network in
a L~TA.
2.4 Two-Way Intericonnection Trunks.
2.4.1 Where the Parties use Two-Way Interconnection Trunks for the
exc~ange of traffic between Verizon and Bandwidth, Bandwidth, at its
own expense, shall:
2.4.~ .1 provide its own facilties to the technically feasible Point(s)
of Interconnection on Verizon's network in a LATA; and/or
2.4.~ .2
2.4.2
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 a Verizonaccess Tariff, from Verizon.
Where the Parties use Two-Way Interconnection Trunks for the
exc~ange of traffc between Verizon and Bandwidth, Verizon, at its
owrl expense, shall provide its own facilties to the technically feasible
Poi~t(s) of Interconnection on Verizon's network in a LATA.
!
Priqr to establishing any Two-Way Interconnection Trunks, Bandwidth
shaU meet with Verizon to conduct a joint planning meeting ("Joint
Plar)ning Meeting"). At that Joint Planning Meeting, each Party shall
pro~ide to the other Party originating Centum Call Seconds (Hundred
Call! Seconds) information, and the Parties shall mutually agree on the
apptopriate initial number of End Ofce and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
tecHnically feasible Point(s) of Interconnection on Verizon's network in
a L~ TA at which the Parties interconnect for the exchange of traffc.
Where the Parties have agreed to convert existing One-Way
Interconnection Trunks to Two-Way Interconnection Trunks, at the
Joint Planning Meeting, the Parties shall also mutually agree on the
2.4.3
Bandwidth 10 Camp v3.1 57
2.4.4
2.4.5
2.4.6
2.4.7
2.4.8
2.4.9
2.4.10
2.4.11
Bandwidth 10 Camp v3.1
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
On a semi-annual basis, Bandwidth shall submit a good faith forecast
to Verizon of the number of End Offce and Tandem Two-Way
Interconnection Trunks that Bandwidth anticipates Verizon will need to
provide during the ensuing two (2) year period for the exchange of
traffc between Bandwidth and Verizon. Bandwidth's trunk forecasts
shall conform to the Verizon CLEC trunk forecasting guidelines as in
effect at that time.
The Parties shall meet (telephonically or in person) from time to time,
as needed, to review data on End Offce and Tandem Two-Way
Interconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
Interconnection Trunks.
Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilize B8ZS and Extended Super
Frame (ESF) DS1 facilties, where available.
With respect to End Office Two-Way Interconnection Trunks, both
Parties shall use an economic Centum Call Seconds (Hundred Call
Seconds) equal to five (5). Either Party may disconnect End Offce
Two-Way Interconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffc volume experienced.
Two-Way Interconnection Trunk groups that connect to a Verizon
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson B.005 during the average time consistent busy hour.
Two-Way Interconnection Trunk groups that connect to a Verizon local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson B.01 during the average time consistent busy hour.
Verizon and Bandwidth shall engineer Two-Way Interconnection
Trunks using Telcordia Notes on the Networks SR 2275 (formerly
known as BOC Notes on the LEC Networks SR-TSV-002275).
The performance standard for final Two-Way Interconnection Trunk
groups shall be that no such Interconnection Trunk group wil exceed
its design blocking objective (B.005 or B.01, as applicable) for three
(3) consecutive calendar traffc study months.
Bandwidth shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for aU traffc carried on each Two-Way
Interconnection Trunk group. Bandwidth shall order Two-Way
Interconnection Trunks by submitting ASRs to Verizon setting forth the
number of Two-Way Interconnection Trunks to be installed and the
requested installation dates within Verizon's effective standard
intervals or negotiated intervals, as appropriate. Bandwidth shall
complete ASRs in accordance with OBF Guidelines as in effect from
time to time.
Verizon may (but shall not be obligated to) monitor Two-Way
Interconnection Trunk groups using service results for the applicable
design blocking objective. If Verizon observes blocking in excess of
58
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and Bandwidth has not notified Verizon
that it has corrected such blocking, Verizon may submit to Bandwidth
a Trunk Group Service Request directing Bandwidth to remedy the
blocking. Upon receipt of a Trunk Group Service Request, Bandwidth
wil complete an ASR to establish or augment the End Offce 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.
2.4.12 The Parties wil 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.
Bandwidth wil 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 util4ation
level of less than sixty percent (60%), unless the Parties agree
otherwise, Bandwidth will promptly submit ASRs to disconnect a
sufficient number of Interconnection Trunks to attain a utilzation 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 Bandwidth fails to submit an ASR for
Two-Way Interconnection Trunks in conformance with this Section,
Verizon may disconnect the excess Interconnection Trunks or bil (and
Bandwidth shall pay) for the excess Interconnection Trunks at the
applicable Verizon rates.
2.4.13 Because Verizon wil not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
Bandwidth'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.
2.4.14 Bandwidth wil route its traffic to Verizon over the End Office and
Tandem Two-Way Interconnection Trunks in accordance with SR-
T AP-000191, including but not limited to those standards requiring that
a call from Bandwidth to a Verizon End Offce wil first be routed to the
End Offce Interconnection Trunk group between Bandwidth and the
Verizon End Offce.
3. Alternative Interconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
3.1.1 Each Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
exchanging an amount of applicable traffc (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither Bandwidth nor any of Bandwidth's affilates has an
overdue balance on any bill rendered to Bandwidth or Bandwidth's
Bandwidth 10 Camp v3.1 59
affliates for charges that are not subject to a good faith dispute. 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.g., specifications of Add/Drop
Multiplexers, number of strands of fiber, etc.), softare, 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 wil 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 wil be treated as Confidential Information.
3.1.2 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 Tandem or End Offce and Verizon shall not be required to
construct or deploy more than five hundred (500) feet of fiber cable for
a Fiber Meet arrangement.
3.1.3 A Fiber Meet arrangement established under this Agreement may be
used for the transmission and routing of only the following traffc types
(over the Interconnection Trunks):
3.1.3.1 Reciprocal Compensation Traffic between the Parties'
respective Telephone Exchange Service Customers;
3.1.3.2 Translated LEC IntraLAT A toll free service access code
(e.g., 800/888/877) traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.3 I ntra LA TA Toll Traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffic; and
3.1.3.5 Measured Internet Traffc.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of traffic of the
types set forth in Sections 3.1.3.1 and/or 3.1.3.5, other than the
obligation to pay intercarrier compensation charges pursuant to the
terms of the Agreement, neither Part shall have any obligation to pay
the other Party any charges in connection with any Fiber Meet
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffc of the type set forth in Section
3.1.3.2, the transport and termination of such traffc shall be subject to
Bandwidth 10 Camp v3.1 60
the rates and charges set forth in the Agreement and applicable
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of traffc
of the type set forth in Section 3.1.3.3, the Part originating such traffic
shall compensate the terminating Party for the transport and
termination of such traffic at the rates and charges set forth in the
Agreement and applicable Tariffs. To the extent that a Fiber Meet
arrangement established under this Agreement is used for the
transmission and routing of traffic of the type set forth in Section
3.1.3.4, Verizon shall charge (and Bandwidth shall pay) Verizon's
applicable rates and charges as set forth in the Agreement and
Verizon's applicable Tariffs, including transport charges to the
terminating Verizon Tandem.
3.1.4 At Bandwidth's written request, a Fiber Meet arrangement established
under this Agreement may be used for the transmission and routing of
the following traffic types over the following trunk types:
3.1.4.1 Operator services traffic from Bandwidth's Telephone
Exchange Service Customers to an operator services
provider over operator services trunks;
3.1.4.2 Directory assistance traffc from Bandwidth's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 911 traffc from Bandwidth's Telephone Exchange Service
Customers to 911/E-911 Tandem Office(s)/Selective
Router(s) over 911 trunks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffc,
including translated InterLA T A toll free service access code
(e.g., 800/888/877) traffic, between Bandwidth's Telephone
Exchange Service Customers and third-party purchasers of
Switched Exchange Access Service via a Verizon access
Tandem over Access Toll Connecting Trunks.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of any traffic of the
types set forth in this Section 3.1.4 Verizon may bil (and Bandwidth
shall pay) Verizon's applicable Tariff rates and charges. Except as
otherwise agreed in writing by the Parties or as expressly set forth in
Sections 3.1.3 and/or 3.1.4 of this Interconnection Attachment, access
services (switched and unswitched) and unbundled network elements
shall not be provisioned on or accessed through Fiber Meet
arrangements.
3.1.5 Bandwidth wil include traffic to be exchanged over Fiber Meet
arrangements in its forecasts provided to Verizon under the
Agreement.
4. Initiating Interconnection
4.1 If Bandwidth 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
Bandwidth 10 Camp v3.1 61
pursuant to this Agreement, Bandwidth shall provide written notice to Verizon of
the need to establish Interconnection in such LATA pursuant to this Agreement.
4.2 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) Bandwidth's intended Interconnection
activation date; (d) a forecast of Bandwidth's trunking requirements conforming to
Section 14.2 of this Attachment; and (e) such other information as Verizon shall
reasonably request in order to faciltate Interconnection.
4.3 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 Bandwidth's notice
provided for in Section 4.10f this Attachment, Verizon and Bandwidth 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.
5. Transmission and Routing of Telephone Exchange Service Traffc
5.1 Scope of Traffc.
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sections 2 through 4 of this Attachment.
5.2.1
5.2 Trunk Group Connections and Ordering.
5.2.2
5.2.3
5.2.4
Bandwidth 10 Camp v3.1
For both One-Way and Two-Way Interconnection Trunks, if Bandwidth
wishes to use a technically feasible interface other than a DS1 or a
DS3 facility at the POI, the Parties shall negotiate reasonable terms
and conditions (including, without limitation, rates and implementation
timeframes) for such arrangement; and, if the Parties cannot agree to
such terms and conditions (including, without limitation, rates and
implementation timeframes), either Part may utilize the Agreement's
dispute resolution procedures.
When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS3 interface facility, if Bandwidth orders the multiplexed DS3
facilities to a Verizon Central Office that is not designated in the NECA
4 Tariff as the appropriate Intermediate Hub location (i.e., the
Intermediate Hub location in the appropriate Tandem subtending area
based on the LERG), and the provision of such facilties 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 utilze the Agreement's dispute
resolution procedures.
Each Party wil 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 wil out pulse ten (10)
digits to the other Party, unless the Parties mutually agree otherwise.
62
5.2.5 Each Party wil 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.
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing Bandwidth traffc to Verizon, the subtending
arrangements between Verizon Tandems and Verizon End Offices shall be the
same as the Tandem/End Offce subtending arrangements Verizon maintains for
the routing of its own or other carriers' traffic (Le., traffic wil be routed to the
appropriate Verizon Tandem subtended by the terminating End Offce serving the
Verizon Customer). For purposes of routing Verizon traffic to Bandwidth, the
subtending arrangements between Bandwidth Tandems and Bandwidth End
Offices shall be the same as the Tandem/End Offce subtending arrangements
that Bandwidth maintains for the routing of its own or other carriers' traffic.
5.4 Signaling.
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion ofthe other
Party's traffc in accordance with the provisions of this Agreement and any
applicable Tariff.
5.5 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.
6. Traffic Measurement and Biling over Interconnection Trunks
6.1 For billng purposes, each Party shall pass Callng Part Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
Interconnection Trunks.
6.1.1
6.1.2
6.1.3
Bandwidth 10 Camp v3.1
As used in this Section 6, "Traffc Rate" means the applicable
Reciprocal Compensation Traffic rate, Measured Internet Traffc rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastate/interstate Tandem Transit
Traffc rate, as provided in the Pricing Attachment, an applicable Tariff,
or, 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 bil the originating Party the
Traffic Rate applicable to each relevant minute of traffc for which CPN
is passed. For any remaining (up to 5%) calls without CPN
information, the receiving Part shall bill the originating Party for such
traffc at the Traffic Rate applicable to each relevant minute of traffic, in
direct proportion to the minutes of use of calls passed with CPN
information.
If the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and the originating Part chooses to combine
Reciprocal Compensation Traffic and Toll Traffc on the same trunk
group, the receiving Party shall bil the higher of its interstate Switched
63
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 traffc.
6.2 At such time as a receiving Party has the capabilty, on an automated basis, to
use such CPN to classify traffc delivered over Interconnection Trunks by the
other Party by Traffic Rate type (e.g., Reciprocal Compensation Traffic/Measured
Internet Traffc, 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 traffc for which CPN is passed. If the
receiving Part lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic delivered by the other Party
by Traffc Rate type, the originating Party wil supply Traffc Factor 1 and TraffC
Factor 2. The Traffc 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 billng 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 billng minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffc 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 traffc 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).
6.3 Each Party reserves the right to audit all Traffc, up to a maximum of two audits
per Calendar Year, to ensure that rates are being applied appropriately;
provided, however, that either Party shall have the right to conduct additional
audit(s) if the preceding audit disclosed material errors or discrepancies. Each
Party agrees to provide the necessary Traffic data in conjunction with any such
audit in a timely manner.
6.4 Nothing in this Agreement shall be construed to limit either Party's abilty to
designate the areas within which that Party's Customers may make calls which
that Part rates as "local" in its Customer Tariffs.
6.5 If and, to the extent that, a Bandwidth Customer receives V/FX Traffc, Bandwidth
shall promptly provide notice thereof to Verizon (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses for VlFX
Traffic, as well as the LATA in which the Customer's station is actually physically
located) and shall not bil Verizon Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Verizon's Customers to
such Bandwidth Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) ofthe Act
7.1 Reciprocal Compensation.
The Parties shall exchange Reciprocal Compensation Traffc 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
Bandwidth 10 Camp v3.1 64
Compensation Traffic shall compensate the terminating Party for the transport
and termination of such traffc 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
Bandwidth shall pay Verizon) the End Offce Reciprocal Compensation rate set
forth in the Pricing Attachment for Reciprocal Compensation Traffc Bandwidth
physically delivers to a POI at the Verizon Interconnection Wire Center in which
the terminating Verizon End Office is located, and otherwise that Verizon shall
charge (Bandwidth shall pay Verizon) the Tandem Reciprocal Compensation rate
set forth in the Pricing Attachment for Reciprocal Compensation Traffic
Bandwidth delivers to Verizon; it also being understood and agreed that
Bandwidth shall charge (and Verizon shall pay Bandwidth) the End Offce
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffic Verizon delivers to Bandwidth. These rates are to be
applied at the technically feasible Point(s) of Interconnection on Verizon's
network in a LATA at which the Parties interconnect, whether such traffc is
delivered by Verizon for termination by Bandwidth, or delivered by Bandwidth 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, Bandwidth shall
also pay Verizon, at the rates set forth in the Pricing Attachment, for any
multiplexing, cross connects or other collocation related Services that Bandwidth
obtains from Verizon. When Toll Traffc is delivered over the same
Interconnection Trunks as Reciprocal Compensation Traffc, any port, transport
or other applicable access charges related to the delivery of Toll Traffic from the
technically feasible Point of Interconnection on Verizon's network in a LATA to
the terminating Party's Customer shall be prorated so as to apply only to the Toll
Traffc. The designation of traffc 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.
7.2.1
7.2 Traffic Not Subject to Reciprocal Compensation.
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
Bandwidth 10 Camp v3.1
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (Le., V/FX Traffc), Information Access, or exchange
services for Exchange Access or Information Access.
Reciprocal Compensation shall not apply to Internet Traffc.
Reciprocal Compensation shall not apply to Toll Traffc, including, but
not limited to, calls originated on a1 + presubscription basis, or on a
casual dialed (1 OXXX/101XXXX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Callng Scope Arrangement Traffc.
Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Part.
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).
65
7.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251 (b)(5) of the Act.
7.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffc (Le., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a
Bandwidth 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, Bandwidth shall pay Verizon's originating
access charges for all V/FX Traffic originated by a Verizon Customer,
and Bandwidth shall pay Verizon's terminating access charges for all
V/FX Traffic originated by a Bandwidth Customer.
7.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by Bandwidth toVerizon shall
not exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) billed by Verizon to
Bandwidth.
8. Other Types of Traffic
8.1 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 Traffc 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.
8.2 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.
8.3 For any traffic originating with a third party carrier and delivered by Bandwidth to
Verizon, Bandwidth shall pay Verizon the same amount that such third part
carrier would have been obligated to pay Verizon for termination of that traffic at
the location the traffic is delivered to Verizon by Bandwidth.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
8.5 The Parties may also exchange Internet Traffc at the technically feasible Point(s)
of Interconnection on Verizon's network in a LATA established hereunder for the
exchange of Reciprocal Compensation Traffc. Any intercarrier compensation
that may be due in connection with the Parties' exchange of Internet Traffc shall
be applied at such technically feasible Point of Interconnection on Verizon's
network in a LATA in accordance with the FCC Internet Order.
9. Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffc.
Bandwidth 10 Camp v3.1 66
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 traffc between Bandwidth Telephone Exchange
Service Customers and Interexchange Carriers ("Access Toll Connecting
Trunks"), in any case where Bandwidth elects to have its End Offce Switch
subtend a Verizon Tandem. This includes casually-dialed (1010XX and
101 XXXX) traffc.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If Bandwidth chooses to subtend a Verizon access Tandem,
Bandwidth's NPAlNXX must be assigned by Bandwidth to subtend the
same Verizon access Tandem that a Verizon NPAlNXX serving the
same Rate Center Area subtends as identified in the LERG.
9.2.2 Bandwidth shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it wil provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchange Carriers to originate and terminate traffc to and from
Bandwidth's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Offce Bandwidth utilizes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Verizon utilzes
to provide Exchange Access in such LATA.
9.2.4 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow Bandwidth's
Customers to connect to or be connected to the interexchange trunks
of any Interexchange Carrier which is connected to a Verizon access
Tandem.
10. Meet-Point Biling Arrangements
10.1 Bandwidth and Verizon wil establish Meet-Point Biling (MPB) arrangements in
order to provide a common transport option to Switched Exchange Access
Services customers via a Verizon access Tandem Switch in accordance with the
Meet Point Biling guidelines contained in the OBF's MECAB and MECOD
documents, except as modified herein, and in Verizon's applicable Tariffs. The
arrangements described in this Section 10 are intended to be used to provide
Switched Exchange Access Service where the transport component of the
Switched Exchange Access Service is routed through an access Tandem Switch
that is provided by Verizon.
10.2 In each LATA, the Parties shall establish MPB arrangements for the applicable
Bandwidth Routing PoinWerizon Serving Interconnection Wire Center
combinations.
10.3 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 Bandwidth and Verizon wil 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.4, or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
Bandwidth 10 Camp v3.1 67
10.5 In general, there are four alternative Meet-Point Biling arrangements possible,
which are: Single Bil/Single Tariff, Multiple Bil/Single Tariff, Multiple Bil/Multiple
Tariff, and Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bil/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 Bil/Multiple Tariff or Single
Bil/Single Tariff option, as appropriate, in order to bil an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be biled 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 Bandwidth Routing PoinWerizon Serving Interconnection Wire
Center combination, the MPB biling percentages for transport between the
Bandwidth Routing Point and the Verizon Serving Interconnection Wire Center
shall be calculated in accordance with the formula set forth in Section 10.17 of
this Attachment.
10.7 Each Party shall provide the other Party with the billng name, billng address,
and Carrier Identification Code (CIC) of the IXC, and identification of the Verizon
Interconnection Wire Center serving the IXC in order to comply with the MPB
notification process as outlined in the MECAB document.
10.8 Verizon shall provide Bandwidth with the Terminating Switched Access Detail
Usage Data (EMI category 1101XX records) recorded at the Verizon access
Tandem on cartridge or via such other media as the Parties may agree to, no
later than ten (10) Business Days after the date the usage occurred.
10.9 Bandwidth shall provide Verizon with the Originating Switched Access Detail
Usage Data (EMI category 1101XX records) on cartridge or via such other media
as the Parties may agree, no later than ten (10) Business Days after the date the
usage occurred.
10.10 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 Bandwidth:
Kade Ross
4001 Weston Parkway
Suite 100
Cary, North Carolina 27513
For Verizon:
Verizon Data Services
ATTN: MPB
1 East Telecom Parkway
DockD
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
Bandwidth 10 Camp v3.1 68
Conditions.
10.11 Bandwidth and Verizon shall coordinate and exchange the billng account
reference (BAR) and biling 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 billng
or other BARIBACR 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 wil 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 Part may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Party's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liabilty for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
10.15 MPB wil apply for all traffc 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 traffc in the future.
10.16 In the event Bandwidth determines to offer Telephone Exchange Services in a
LATA in which Verizon operates an access Tandem Switch, Verizon shall permit
and enable Bandwidth to subtend the Verizon access Tandem Switch(es)
designated for the Verizon End Offices in the area where there are located
Bandwidth Routing Point(s) associated with the NPA NXX(s) to/from which the
Switched Exchange Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billng percentages
for each Routing PoinWerizon Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a / (a + b)=Bandwidth Biling Percentage
and
b / (a + b)=Verizon Billing Percentage
where:
a = the airline mileage between Bandwidth Routing Point and the
actual point of interconnection for the MPB arrangement; and
Bandwidth 10 Camp v3.1 69
b = the airline mileage between the Verizon Serving Interconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
10.18 Bandwidth shall inform Verizon of each LATA in which it intends to offer
Telephone Exchange Services and its calculation of the biling percentages
which should apply for such arrangement. Within ten (10) Business Days of
Bandwidth's delivery of notice to Verizon, Verizon and Bandwidth shall confirm
the Routing PoinWerizon Serving Interconnection Wire Center combination and
biling percentages.
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic,
The following terms shall apply when either Party delivers toll free service access code
(e.g., 800/877/888)("8YY") calls to the other Party. For the purposes of this Section 11,
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YV database. Except as otherwise agreed to by the Parties, all Bandwidth
originating "untranslated" 8YV traffic wil be routed over a separate One-Way
miscellaneous Trunk group.
11.1 When Bandwidth delivers translated 8YV calls to Verizon to be completed by
11.1.1 an IXC:
11.1.1.1 Bandwidth will provide an appropriate EMI record to
Verizon;
11.1.1.2 Bandwidth wil bil the IXC the Bandwidth's applicable
Switched Exchange Access Tariff charges and the
Bandwidth's applicable Tariff query charges; and
11.1.1.3 Verizon wil bil the IXC Verizon's applicable Switched
Exchange Access Tariff charges.
11.1.2 Verizon:
11.1.2.1 Bandwidth wil provide an appropriate EMI record to
Verizon; and
11.1.2.2 Bandwidth will bil Verizon the Bandwidth's Switched
Exchange Access Tariff charges and the Bandwidth's
applicable Tariff query charge.
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 Bandwidth wil provide an appropriate EMI record to Verizon
and the toll free service access code service provider;
11.1.3.2 Bandwidth wil bil the toll free service access code service
provider the Bandwidth's applicable Switched Exchange
Access Tariff charges and the Bandwidth's applicable Tariff
query charges; and
11.1.3.3 Verizon will bill the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges.
Bandwidth 10 Camp v3.1 70
11.2 When Verizon performs the query and delivers translated 8YV calls, originated
by Verizon's Customer or another LEC's Customer to Bandwidth to be completed
by
11.2.1 Bandwidth:
11.2.1.1 Verizon wil provide an appropriate EMI record to
Bandwidth; and
11.2.1.2 Verizon wil bil Bandwidth Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges.
11.2.2 a toll free service access code service provider in that LATA:
11.2.2.1 Verizon wil provide an appropriate EMI record to Bandwidth
and the toll free service access code service provider;
11.2.2.2 Verizon wil 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
11.2.2.3 Bandwidth wil bil the toll free service access code service
provider the Bandwidth's applicable Switched Exchange
Access Tariff charges.
11.3 When Bandwidth: delivers untranslated 8YV calls to Verizon to be completed by
11.3.1 an IXC:
11.3.1.1 Verizon wil query the call and route the call to the
appropriate IXC;
11.3.1.2 Verizon wil provide an appropriate EMI record to
Bandwidth;
11.3.1.3 Verizon wil bill the IXC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges; and
11.3.1.4 Bandwidth wil bill the IXC Bandwidth's applicable Switched
Exchange Access Tariff charges.
11.3.2 Verizon:
11.3.2.1 Verizon wil query the call and complete the call;
11.3.2.2 Verizon wil provide an appropriate EMI record to
Bandwidth;
11.3.2.3 Bandwidth wil bill Verizon the Bandwidth's applicable
Switched Exchange Access Tariff charges.
11.3.3 a toll free service access code service provider in that LATA:
11.3.3.1 Verizon wil query the call and route the call to the
appropriate toll free service access code service provider;
Bandwidth 10 Camp v3.1 71
11.3.3.2 Verizon wil provide an appropriate EMI record to Bandwidth
and the toll free service access code service provider;
11.3.3.3 Verizon will bil the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff and Verizon's applicable Tariff query charges; and
11.3.3.4 Bandwidth will bill the toll free service access code service
provider the Bandwidth's applicable Switched Exchange
Access Tariff charges.
11.4 Verizon wil not direct untranslated toll free service access code calls to
Bandwidth.
12. Tandem Transit Traffc
12.1 As used in this Section, Tandem Transit Traffc is Telephone Exchange Service
traffic that originates on Bandwidth's network, and is transported through
Verizon's Tandem to the subtending End Offce 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 Offces 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 traffc through a Verizon Tandem to a Central
Offce that the LERG does not identify as subtending that particular Verizon
Tandem. Switched Exchange Access Service traffc is not Tandem Transit
Traffic.
12.2 Tandem Transit Traffic Service provides Bandwidth with the transport of Tandem
Transit Traffc as provided below.
12.3 Tandem Transit Traffic may be routed over the Interconnection Trunks described
in Sections 2 through 6 of this Attachment. Bandwidth shall deliver each Tandem
Transit Traffc call to Verizon's Tandem with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of CLASS Features and biling functions.
12.4 Bandwidth may use Tandem Transit Traffic Service only for traffic that originates
on Bandwidth's network and only to send traffc to an Other Carrier with whom
Bandwidth 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 Bandwidth and to bil Bandwidth, and not to bill
Verizon, for such traffc. Bandwidth agrees not to use Verizon's Tandem Transit
Traffic Service to send traffc to an Other Carrier with whom Bandwidth does not
have such a reciprocal traffc exchange arrangement or to send traffic that does
not originate on Bandwidth's network.
12.5 Bandwidth shall pay Verizon for Tandem Transit Traffc Service at the rates
specified in the Pricing Attachment. Verizon wil not be liable for compensation to
any Other Carrier for any traffc that is transported through Verizon's Tandem
and Verizon reserves the right to assess to Bandwidth any additional charges or
costs any Other Carrier imposes or levies on Verizon for the delivery or
termination of such traffc, including any Switched Exchange Access Service
charges. If Verizon is billed by any Other Carrier for any traffc originated by
Bandwidth, Verizon may provide notice to Bandwidth of such billing. Upon
receipt of such notice, Bandwidth shall immediately stop using Verizon's Tandem
Bandwidth 10 Camp v3.1 72
Transit Traffc 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 bil to Verizon and that the Other Carrier wil not bil Verizon for
any traffc originated by Bandwidth. Such certification must be signed by an
authorized officer or agent of the Other Carrier and must be in a form acceptable
to Verizon.
12.6 If Bandwidth uses Tandem Transit Traffc Service for traffic volumes that exceed
the Centum Call Seconds (Hundred Call Seconds) 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"). Bandwidth shall use good faith efforts to establish direct interconnection
with such Other Carrier and reduce such traffc volumes below the Threshold
LeveL. If Verizon believes that Bandwidth has not exercised good faith efforts
promptly to obtain such direct interconnection, either Party may use the Dispute
Resolution processes of this Agreement.
12.7 If Bandwidth 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.
12.8 If or when a third party carrier plans to subtend a Bandwidth switch, then
Bandwidth shall provide written notice to Verizon at least ninety (90) days before
such subtending service arrangement becomes effective so that Verizon may
negotiate and establish direct interconnection with such third party carrier. Upon
written request from Verizon, Bandwidth shall offer to Verizon a service
arrangement equivalent to or the same as Tandem Transit Traffic Service
provided by Verizon to Bandwidth as defined in this Section such that Verizon
may terminate calls to a Central Offce or its equivalent of a CLEC, ILEC other
than Verizon, CMRS carrier, or other LEC, that subtends a Bandwidth Central
Office or its equivalent ("Reciprocal Tandem Transit Service"). Bandwidth 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.
12.9 Neither Party shall take any actions to prevent the other Part from entering into
a direct and reciprocal traffic exchange arrangement with any carrier to which it
originates, or from which it terminates, traffc.
13. Number Resources, Rate Center Areas and Routing Points
13.1 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 Offce Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.2 It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffc to the other Part's assigned
NXX codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas wil be
the same for each Party. During the term of this Agreement, Bandwidth shall
Bandwidth 10 Camp v3.1 73
adopt the Rate Center Area and Rate Center Points that the Commission has
approved for Verizon within the LATA and Tandem serving area. Bandwidth
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
utilzing NXXs.
13.4 Bandwidth wil also designate a Routing Point for each assigned NXX code.
Bandwidth shall designate one location for each Rate Center Area in which the
Bandwidth has established NXX code(s) as the Routing Point for the NPA-NXXs
associated with that Rate Center Area, and such Routing Point shall be within the
same LATA as the Rate Center Area but not necessarily within the Rate Center
Area itself. Unless specified otherwise, calls to subsequent NXXs of Bandwidth
wil be routed in the same manner as calls to Bandwidth's initial NXXs.
13.5 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 Bandwidth's choices regarding the size of the local callng
area(s) that Bandwidth may establish for its Customers, which local callng areas
may be larger than, smaller than, or identical to Verizon's local callng areas.
14. Joint Network Implementation and Grooming Process; Forecasting
14.1 Joint Network Implementation and Grooming Process.
Upon request of either Party, the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process" or "Joint Process") which
may define and detail, inter alia:
14.1.1
14.1.2
14.1.3
standards to ensure that Interconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
on interoffice trunks within Verizon's network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of B.01.
the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
disaster recovery provision escalations;
additional technically feasible Point(s) of Interconnection on Verizon's
network in a LATA as provided in Section 2 of this Attachment; and
such other matters as the Parties may agree, including, e.g., End
Office to End Office high usage trunks as good engineering practices
may dictate.
14.2 Trunk Forecasting Requirements.
14.1.4
14.1.5
14.2.1
Bandwidth 10 Camp v3.1
Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, Bandwidth shall provide Verizon a
two (2)-year traffc forecast that complies with the Verizon
Interconnection Trunking Forecast Guide, as revised from time to time.
74
14.2.2
14.2.3
This initial traffic forecast wil 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.
Ongoing Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, Bandwidth shall
provide a new or revised traffic forecast that complies with the Verizon
Interconnection Trunking Forecast Guide when Bandwidth develops
plans or becomes aware of information that wil materially affect the
Parties' interconnection in that LATA. Instances that require a new or
revised forecast include, but are not limited to: (a) Bandwidth plans to
deploy a new switch; (b) Bandwidth plans to implement a new POI or
network architecture; (c) Bandwidth plans to rearrange its network; (d)
Bandwidth plans to convert a One-Way Interconnection Trunk group to
a Two-Way Interconnection Trunk group; (e) Bandwidth plans to
convert a Two-Way Interconnection Trunk group to a One-Way
Interconnection Trunk group; or (f) Bandwidth expects a significant
change in interconnection traffic volume. In addition, upon request by
either Party, the Parties shall meet to: (i) review traffc and usage data
on End Offce 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 Bandwidth or Verizon.
15. Number Portabilty - Section 251(B)(2)
15.1 Scope.
The Parties shall provide Number Portabilty (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP ("Local Number Portability").
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
15.2.1
15.2.2
Bandwidth 10 Camp v3.1
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 Part A, in conjunction with the
Telephone Exchange Service(s) it wil now receive from Part 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 wil
work together to port the Customer's telephone number(s) from Part
A's network to Party B's network.
When a telephone number is ported out of Party A's network, Party A
wil remove any non-proprietary line based callng card(s) associated
with the ported number(s) from its Line Information Database (L1DB).
75
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, Part 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 offce shall be
defined as portable, except as noted in 15.2.7, and translations will be
changed in the Parties' switches to open those NXXs for database
queries in all applicable LNP capable offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and offcial 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
callng 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 wil act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
15.2.3
15.2.4
15.2.5
15.2.6
15.2.7
15.2.8
Reactivation of the line-based callng card in another L1DB, if desired,
is the responsibilty 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.
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
Bandwidth 10 Camp v3.1 76
the other Part, the first Party shall cooperate with the second Part to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Offce 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.
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Offce LNP capabilty 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.
15.4.2
If Party B desires to have LNP capabilty deployed in an End Offce of
Party A, which is not currently capable, Party B shall issue a LNP
request to Party A. Party A wil respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP wil be
available in the requested End Office. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
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 Offces, as set
forth in this Section 15.4.
15.4.1
15.5 Bandwidth shall submit orders to port numbers electronically using an LSR via
the Verizon web Graphical User Interface ("GUI") or Electronic Data Intenace
("EDI") 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 Peñormance
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 Bandwidth 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 AgreementS.dispute
resolution procedures.
Bandwidth 10 Camp v3.1 77
TRAFFIC EXCHANGE ATTACHMENT
1. General
Where both Parties subtend the same Tandem Switch operated by a third part (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 Traffc, Measured Internet Traffc,
intraLATA Toll Traffic, and translated IntraLATA toll free service access code traffc,
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.
2. Arrangements With Third Part Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffic, Measured Internet Traffc, IntraLATA Toll Traffic, and
translated IntraLATA toll free service access code traffic under this Attachment,
each Party must have established and must maintain its own interconnection and
compensation arrangements with the Third Party Tandem Provider for the routing
and exchange of the foregoing traffc between the Parties under this Attachment
(e.g., arrangements that permit the subject traffic to be exchanged through the
Third Party Tandem Provider). In addition, the Parties must also fulfill each of
the other requirements of this Attachment.
2.1.1 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 thereotto the other Part. Absent the existence of such
arrangements with the Third Part Tandem Provider, each Party shall
have the right, on written notice to the other Party, to discontinue
exchanging the foregoing traffc with the other Party (Le., receiving
such traffic from or, sending such traffic to, the other Party) under this
Attachment.
2.1.2 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.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, Bandwidth shall
provide Verizon a two (2)-year traffic forecast. This initial forecast wil
provide the amount of traffc to be delivered to and from Verizon
pursuant to this Attachment, over the next eight (8) quarters.
2.2.2 Ongoing forecast requirements. Where the Parties are already
exchanging traffic through a Third Party Tandem Switch in a LATA,
Bandwidth shall provide a new or revised traffc forecast when
Bandwidth develops plans or becomes aware of information that wil
Bandwidth 10 Camp v3.1 78
materially affect the Parties' exchange of traffc through such Third
Part Tandem Switch in that LATA. Instances that require a new or
revised forecast include, but are not limited to: (i) Bandwidth plans to
deploy a new switch; (ii) Bandwidth plans to implement interconnection
in accordance with the Interconnection Attachment or a new network
architecture; (iii) Bandwidth plans to rearrange its network; or (iv)
Bandwidth expects a significant change in traffic volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on Bandwidth or Verizon.
2.3 Prior to exchanging traffc through a Third Party Tandem Switch, Bandwidth shall
meet with Verizon to conduct a joint planning meeting (''Third Party Tandem
Provider Joint Planning Meeting"). At that Third Part Tandem Provider Joint
Planning Meeting, each Party shall, among other things, provide to the other
Party originating Centium Call Second (Hundred Call Second) information.
2.4 If and, when, the volume of traffc exchanged between a Verizon End Offce and
Bandwidth switch through a Third Party Tandem Switch exceeds (a) the Centium
Call Second (Hundred Call Second) busy hour equivalent of one (1) DS-1 at any
time; (b) 200,000 combined minutes of use for any month; (c) 600 busy hour
Centium Call Seconds (BHCCS) of use for a single month, upon the written
request of either Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the Interconnection
Attachment. In the event the Parties so interconnect their respective networks,
the Parties shall discontinue exchanging any and all traffic through the Third
Party Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffic but, on an overfow basis, through the Third Party Tandem Switch.
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.
3. Initiating Traffic Exchange Under This Attachment
3.1 If Bandwidth determines to offer Telephone Exchange Services and wishes to
exchange traffic with Verizon through a Third Party Tandem Switch in any LATA
in which Verizon also offers Telephone Exchange Services, Bandwidth shall
provide written notice to Verizon of its request to exchange traffc through a Third
Party Tandem Switch in such LATA pursuant to this Attachment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a)
Bandwidth's proposed traffc exchange activation date; (b) a forecast of
Bandwidth's traffic volumes conforming to Section 2 of this Attachment; and (c)
such other information as Verizon shall reasonably request in order to faciltate
traffic exchange under this Attachment.
3.3 The traffc 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.
4. Traffic Measurement and Biling
4.1 The Parties agree that they wil make commercially reasonable efforts to obtain
and utilze accurate and complete recordings, of any traffc exchanged between
them under this Attachment, for use in biling.
Bandwidth 10 Camp v3.1 79
4.2 At such time as a receiving Party has the capabilty, on an automated basis, to
use CPN to classify traffic from the other Party, exchanged under this
Attachment, by traffic type (Le., Reciprocal Compensation Traffc, Measured
Internet Traffic, intraLATA Toll Traffc, 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 Part lacks the capabilty, on an automated basis, to use CPN
information on an automated basis to classify traffc received from the other Part
by traffic type, the originating Party will supply Traffc Factor 1 and Traffc Factor
2. In any case, the Traffc 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 biling 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 cali, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of biling minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffc is Reciprocal Compensation Traffic or Measured Internet
Traffc 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 traffc 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).
4.3 Each Party reserves the right to audit all traffc 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 Part shall have the right to
conduct additional audit(s) if the preceding audit disclosed material errors or
discrepancies. Each Part agrees to provide the necessary traffc 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 abilty to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
4.5 If and, to the extent that, a Bandwidth Customer receives V/FX Traffc exchanged
under this Attachment, Bandwidth shall promptly provide notice thereof to
Verizon (such notice to include, without limitation, the specific telephone
number(s) that the Customer uses for V/FX Traffic, as well as the LATA in which
the Customer's station is actually physically located) and shall not bill Verizon
Reciprocal Compensation, intercarrier compensation or any other charges for
calls placed by Verizon's Customers to such Bandwidth Customers.
5. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act
5.1 Reciprocal Compensation.
The Party originating Reciprocal Compensation Traffic shall compensate the
terminating Party for the transport and termination of such traffc to its Customer
in accordance with Section 251 (b)(5) of the Act at the equal and symmetrical
rates stated in the Pricing Attachment; it being understood and agreed that
because the Third Party Tandem Provider is providing the tandem functionally to
both Parties, Verizon shall charge (and Bandwidth shall pay Verizon) the End
Offce Reciprocal Compensation rate set forth in the Pricing Attachment for
Reciprocal Compensation Traffc Verizon receives from Bandwidth and
Bandwidth 10 Camp v3.1 80
Bandwidth shall charge (and Verizon shall pay Bandwidth) the End Office
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffc Bandwidth 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 biled by (or on behalf of) the Third Party Tandem Provider. The
designation of traffc as Reciprocal Compensation Traffc for purposes of
Reciprocal Compensation shall be based on the actual originating and
terminating points of the complete end-to-end communication.
5.2 Traffc Not Subject to Reciprocal Compensation.
5.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (Le., V/FX Traffic)), Information Access, or exchange
services for Exchange Access or Information Access.
5.2.2 Reciprocal Compensation shall not apply to Internet Traffc.
5.2.3 Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casueil dialed (1 0XX101XX) basis.
5.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Callng Area Traffic.
5.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
5.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
5.2.7 Reciprocal Compensation shall not apply to Voice Information Service
TraffiC (as defined in Section 5 of the Additional Services Attachment).
5.2.8 Reciprocal Compensation shall not apply to traffc that is not subject to
Reciprocal Compensation under Section 251 (b)(5) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (Le., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traffic" is defined as calls in which a
BandWidth 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, Bandwidth shall pay Verizon's originating
access charges for all V/FX Traffic originated by a Verizon Customer,
and Bandwidth shall pay Verizon's terminating access charges for all
V/FX Traffic originated by a Bandwidth Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by Bandwidth to Verizon shall
not exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) biled by Verizon to
Bandwidth.
6. Other Types of Traffc
Bandwidth 10 Comp v3.1 81
6.1 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 Traffc 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 Traffc that such Party is required to pay under the
FCC Internet Order and other applicable FCC orders and FCC Regulations.
6.2 Subject to Section 6.1 of this Attachment, IntraLAT A Toll Traffc exchanged
under this Attachment shall be governed by the applicable provisions of this
Agreement and applicable Tariffs.
6.3 For any traffic originating with a third party carrier and delivered by Bandwidth to
Verizon, Bandwidth 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 Bandwidth.
6.4 Notwithstanding any provision of this Agreement or otherwise, no Interexchange
Carrier (IXC) traffc may be exchanged under this Attachment.
6.5 Any traffc not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Party transporting andlor terminating the
traffc.
7. Toll Free Service Access Code (e.g., 800/888/877) Traffc
The following terms shall apply when either Party delivers IntraLATA toll free service
access code (e.g., 800/877/888) ("8YV") 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 8YV database.
7.1 When Bandwidth delivers translated IntraLAT A 8YV calls to Verizon for
completion:
7.1.1 by Verizon:
7.1.1.1 Bandwidth wil provide an appropriate EMI record to
Verizon; and
7.1.1.2 Bandwidth wil bil Verizon the Bandwidth's Switched
Exchange Access Tariff charges and the Bandwidth's
applicable Tariff query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 Bandwidth wil provide an appropriate EMI record to Verizon
and the toll free service access code service provider; and
7.1.2.2 Bandwidth wil bil the toll free service access code service
provider the Bandwidth's applicable Switched Exchange
Access Tariff charges and the Bandwidth's applicable Tariff
query charges; and
7.1.2.3 Verizon will bil the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges.
Bandwidth 10 Camp v3.1 82
7.2 When Verizon performs the query and delivers translated IntraLATA 8YV calls,
originated by Verizon's or another LEC's Customer for completion:
7.2.1 by Bandwidth:
7.2.1.1 Verizon will provide an appropriate EMI record to
Bandwidth; and
7.2.1.2 Verizon wil bill Bandwidth Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges.
7.2.2 bya toll free service access code service provider in that LATA:
7.2.2.1 Verizon wil provide an appropriate EMI record to Bandwidth
and the toll free service access code service provider; and
7.2.2.2 Verizon wil 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
7.2.2.3 Bandwidth wil bil the toll free service access code service
provider the Bandwidth's applicable Switched Exchange
Access Tariff charges.
7.3 Verizon wil not direct untranslated toll free service access code calls to
Bandwidth. Bandwidth wil not direct untranslated toll free service access code
calls to Verizon.
8. Number Resources, Rate Center Areas and Routing Points
8.1 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 Offce Codes ("NXX") pursuant to the Central Offce 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.
8.2 It shall be the responsibilty 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 traffc 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.
8.3 Unless otherwise required by Commission order, the Rate Center Areas wil be
the same for each Party. During the term of this Agreement, Bandwidth shall
adopt the Rate Center Area and Rate Center Points that the Commission has
approved for Verizon within the LATA and Tandem serving area. Bandwidth
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
utilzing NXXs.
8.4 Bandwidth wil also designate a Routing Point for each assigned NXX code.
Bandwidth shall designate one location for each Rate Center Area in which the
Bandwidth has established NXX code(s) as the Routing Point for the NPA-NXXs
associated with that Rate Center Area, and such Routing Point shall be within the
Bandwidth 10 Comp v3.1 83
same LATA as the Rate Center Area but not necessarily within the Rate Center
Area itself. Unless specified otherwise, calls to subsequent NXXs of Bandwidth
wil be routed in the same manner as calls to Bandwidth's initial NXXs.
8.5 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 Bandwidth's choices regarding the size of the local callng
area(s) that Bandwidth may establish for its Customers, which local callng areas
may be larger than, smaller than, or identical to Verizon's local callng areas.
9. Number Portabilty - Section 251(B)(2)
9.1 Scope.
The Parties shall provide Number Portabilty (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
9.2 Procedures for Providing LNP ("Local Number Portability").
The Parties wil follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
9.2.1
9.2.2
9.2.3
9.2.4
Bandwidth 10 Camp v3.1
A Customer of one Party ("Party A") elects to become a Customer of
the other Part ("Party B"). The Customer elects to utiize 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 wil 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 wil
work together to port the Customer's telephone number(s) from Party
A's network to Party B's network.
When a telephone number is ported out of Party A's network, Party A
wil remove any non-proprietary line based callng card(s) associated
with the ported number(s) from its Line Information Database (L1DB).
Reactivation of the line-based callng card in another L1DB, if desired,
is the responsibility of Party B or Party B's Customer.
When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
When a Customer of Party A ports their telephone numbers to Part B,
in the process of porting the Customer's telephone numbers, Part A
shall implement the ten-digit trigger feature where it is available. When
Party A receives the porting request, the unconditional trigger shall be
84
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.
9.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM).
9.2.6 Where LNP is commercially available, the NXXs in the offce shall be
defined as portable, except as noted in Section 9.2.7, and translations
wil be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offces within the LATA
of the given switch( es). On a prospective basis, all newly deployed
switches wil be equipped with LNP capability and so noted in the
LERG.
9.2.7 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 offcial 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 callng
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.
9.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties wil act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
9.3 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 Part, 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 Offce operated by the second Party. Such transfer wil 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 Offce LNP capabilty 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.
9.4.1 If Party B desires to have LNP capabilty deployed in an End Office of
Party A, which is not currently capable, Part B shall issue a LNP
request to Party A. Party A wil respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP wil be
Bandwidth 10 Camp v3.1 85
available in the requested End Offce. Part A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offces 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.
9.5 Bandwidth 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 Partner Solutions website (formerly referred to as the Verizon wholesale
website).
10. Good Faith Peñormance
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 Bandwidth 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.
Bandwidth 10 Camp v3.1 86
1. General
RESALE ATTACHMENT
Verizon shall provide to Bandwidth, in accordance with this Agreement (including, but not
limited to, Verizon's applicable Tariffs) and the requirements of Applicable Law, Verizon's
Telecommunications Services for resale by Bandwidth; provided, that notwithstanding
any other provision of this Agreement, Verizon shall be obligated to provide
Telecommunications Services to Bandwidth only to the extent required by Applicable Law
and may decline to provide a Telecommunications Service to Bandwidth to the extent
that provision of such Telecommunications Service is not required by Applicable Law.
2. Use of Verizon Telecommunications Services
2.1 Verizon Telecommunications Services may be purchased by Bandwidth under
this Resale Attachment only for the purpose of resale by Bandwidth as a
Telecommunications Carrier. Verizon Telecommunications Services to be
purchased by Bandwidth for other purposes (including, but not limited to,
Bandwidth's own use) must be purchased by Bandwidth pursuant to other
applicable Attachments to this Agreement (if any), or separate written
agreements, including, but not limited to, applicable Verizon Tariffs.
2.2 Bandwidth shall not resell:
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
Bandwidth 10 Camp v3.1
Residential service to persons not eligible to subscribe to such service
from Verizon (including, but not limited to, business or other
nonresidential Customers);
Lifeline, Link Up America, or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Verizon;
Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Verizon; or
Any other Verizon service in violation of a restriction stated in this
Agreement (including, but not limited to, a Verizon Tariff) that is not
prohibited by Applicable Law.
In addition to any other actions taken by Bandwidth to comply with this
Section 2.2, Bandwidth shall take those actions required by Applicable
Law to determine the eligibilty of Bandwidth Customers to purchase a
service, including, but not limited to, obtaining any proof or certification
of eligibilty to purchase Lifeline, Link Up America, or other means-
tested services, required by Applicable Law. Bandwidth shall
indemnif Verizon from any Claims resulting from Bandwidth's failure
to take such actions required by Applicable Law.
Verizon may perform audits to confirm Bandwidth'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.
87
2.3 Bandwidth 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) wil be furnished only to the extent that facilties continue
to be available to provide such Telecommunications Service.
2.4 Bandwidth 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.
2.5 In accordance with 47 CFR § 51.617(b), Verizon shall be entitled to all charges
for Verizon Exchange Access services used by interexchange carriers to provide
service to Bandwidth Customers.
3. Availabilty of Verizon Telecommunications Services
3.1 Verizon wil provide a Verizon Telecommunications Service to Bandwidth 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.
3.2 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 Bandwidth.
3.3 To the extent required by Applicable Law, the Verizon Telecommunications
Services to be provided to Bandwidth for resale pursuant to this Attachment wil
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 Bandwidth.
4. Responsibilty for Charges
4.1 Bandwidth 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 biled for by Verizon, that are ordered, activated or used by
Bandwidth, Bandwidth Customers or any other persons, through, by means of, or
in association with, Telecommunications Services provided by Verizon to
Bandwidth pursuant to this Resale Attachment.
4.2 Upon request by Bandwidth, Verizon wil provide for use on resold Verizon retail
Telecommunications Service dial tone lines purchased by Bandwidth 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 Verizón provides such Verizon retail Telecommunications Service call
blocking services to Verizon's own end user retail Customers. Bandwidth
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
Bandwidth's purchase of such blocking or screening services, Bandwidth's end
user Customers or other persons ordering, activating or using
Bandwidth 10 Comp v3.1 88
Telecommunications Services on the resold dial tone lines may complete or
accept calls which Bandwidth intended to block. Notwithstanding the foregoing,
Bandwidth 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.
5. Operations Matters
5.1 Facilties.
5.1.1 Verizon and its suppliers shall retain all of their right, title and interest
in all faciliies, equipment, software, information, and wiring used to
provide Verizon Telecommunications Services.
5.1.2 Verizon shall have access at all reasonable times to Bandwidth
Customer locations for the purpose of installng, inspecting,
maintaining, repairing, and removing, facilities, equipment, software,
and wiring used to provide the Verizon Telecommunications Services.
Bandwidth shall, at Bandwidth's expense, obtain any rights and
authorizations necessary for such access.
5.1.3 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
Bandwidth or Bandwidth Customers for use with Verizon
Telecommunications Services.
5.2 Branding.
5.2.1 Except as stated in Section 5.2.2 of this Attachment, in providing
Verizon Telecommunications Services to Bandwidth, Verizon shall
have the right (but not the obligation) to identify the Verizon
Telecommunications Services with Verizon's trade names, trademarks
and service marks ("Verizon Marks"), to the same extent that these
Services are identified with Verizon's Marks when they are provided to
Verizon's Customers. Any such identification of Verizon's
Telecommunications Services shall not constitute the grant of a
license or other right to Bandwidth to use Verizon's Marks.
5.2.2 To the extent required by Applicable Law, upon request by Bandwidth
and at prices, terms and conditions to be negotiated by Bandwidth and
Verizon, Verizon shall provide Verizon Telecommunications Services
for resale that are identified by Bandwidth's trade name, or that are not
identified by trade name, trademark or service mark.
5.2.3 If Verizon uses a third-party contractor to provide Verizon operator
services or Verizon directory assistance, Bandwidth wil be responsible
for entering into a direct contractual arrangement with the third-party
contractor at Bandwidth's expense (a) to obtain identification of
Verizon operator services or Verizon directory assistance purchased
by Bandwidth for resale with Bandwidth's trade name, or (b) to obtain
removal of Verizon Marks from Verizon operator services or Verizon
directory assistance purchased by Bandwidth for resale.
6. Rates and Charges
Bandwidth 10 Comp v3.1 89
The rates and charges for Verizon Telecommunication Services purchased by Bandwidth
for resale pursuant to this Attachment shall be as provided in this Attachment and the
Pricing Attachment.
7. Good Faith Peñormance
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 Bandwidth 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.
Bandwidth 10 Comp v3.1 90
NETWORK ELEMENTS ATTACHMENT
1. General
1.1 Verizon shall provide to Bandwidth, in accordance with this Agreement
(including, but not limited to, Verizon's applicable Tariffs) and the requirements of
the Federal Unbundling Rules, access to Verizon's Network Elements on an
unbundled basis and in combinations (Combinations), and UNEs commingled
with wholesale services ("Commingling"); provided, however, that
notwithstanding any other provision of this Agreement, Verizon shall be obligated
to provide access to unbundled Network Elements (UNEs), Combinations, and
Commingling to Bandwidth under the terms of this Agreement only to the extent
required by the Federal Unbundling Rules and may decline to provide access to
UNEs, Combinations, or Commingling to Bandwidth to the extent that provision
of such UNEs, Combinations, or Commingling is not required by the Federal
Unbundling Rules.
1.2 Verizon shall be obligated to combine UNEs that are not already combined in
Verizon's network only to the extent required by the Federal Unbundling Rules.
Except as otherwise required by this Agreement and the Federal Unbundling
Rules: (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 facilties necessary to provide such UNE or Combination, are
already available in Verizon's network; and (b) Verizon shall have no obligation to
construct, modify, or deploy facilities or equipment to offer any UNE or
Combination.
1.3 Bandwidth may use a UNE or Combination only for those purposes for which
Verizon is required by the Federal Unbundling Rules to provide such UNE or
Combination to Bandwidth. Without limiting the foregoing, Bandwidth may not
access a UNE or Combination for the exclusive provision of Mobile Wireless
Services or Interexchange Services. For purposes of this section,
"Interexchange Services" shall have the meaning set forth in the Triennial
Review Remand Order and subsequent applicable FCC orders.
1.3.1 Verizon shall not be obligated to provide to Bandwidth, and Bandwidth
shall not request from Verizon, access to a proprietary advanced
intellgent network service.
1.4 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 the Federal Unbundling Rules, or (ii) a Network
Element Verizon is required by the Federal Unbundling Rules to provide to
Bandwidth on an unbundled basis or in combination with other Network
Elements.
1.5 If as the result of Bandwidth Customer actions (e.g., Customer Not Ready
("CNR")), Verizon cannot complete requested work activity when a technician
has been dispatched to the Bandwidth Customer premises, Bandwidth wil be
assessed a non-recurring charge associated with this visit. This charge wil be
the sum of the applicable Service Order charge as provided in the Pricing
Attachment and the Customer Not Ready Charge provided for in the Pricing
Bandwidth 10 Camp v3.1 91
Attachment (or, in the absence of a Customer Not Ready Charge, the Premises
Visit Charge as provided in Verizon's applicable retail or wholesale Tariff or in the
Pricing Attachment).
1.6 Absence or Cessation of Unbundling Obligation and Related Provisions. The
following provisions shall apply notwithstanding any other provision of this
Agreement or any Verizon Tariff or SGAT:
1.6.1 Discontinued Facilties.
1.6.1.1 Verizon may cease offering or providing Bandwidth with
access on an unbundled basis at rates prescribed under
Section 251 of the Act to any facility that is or becomes a
Discontinued Facilty, whether as a stand-alone UNE, as
part of a Combination, or otherwise. To the extent Verizon
has not already ceased offering or providing unbundled
access to a particular Discontinued Facility that is a
Discontinued Facility as of the Effective Date, Verizon may
cease offering or providing unbundled access to such
Discontinued Facility immediately upon the Effective Date
without further notice to Bandwidth. Subject to Section 1.7
below, if a facilty on or at any time after the Effective Date
is or becomes a Discontinued Facility, Verizon, to the extent
it has not already ceased providing unbundled access to
such Discontinued Facility, and provided it has given at
least ninety (90) days written notice of discontinuance in
cases where it has not already ceased providing such
access, wil continue to provide unbundled access to such
Discontinued Facility under the Agreement only through the
effective date of the notice of discontinuance, and not
beyond that date.
1.6.1.2 Where Verizon is permitted to cease providing a
Discontinued Facility pursuant to Section 1.6.1 above and
Bandwidth has not submitted an LSR or ASR, as
appropriate, to Verizon requesting disconnection of the
Discontinued Facilty and has not separately secured from
Verizon an alternative arrangement to replace the
Discontinued Facilty, then Verizon, to the extent it has not
already done so, may disconnect the subject Discontinued
Facilty without further notice to Bandwidth. In lieu of
disconnecting the subject Discontinued Facility in the
foregoing circumstances, Verizon, in its sole discretion, may
elect to: (a) convert the subject Discontinued Facilty to an
arrangement available under a Verizon access tari (in
which case month-to-month rates shall apply unless a
different rate applies under an applicable special access
term/volume plan or other special access tariff arrangement
in which Bandwidth is then enrolled), a resale arrangement,
or other analogous arrangement that Verizon shall identify
or has identified in writing to Bandwidth, or (b) in lieu of
such a conversion, reprice the subject Discontinued Facilty
by application of a new rate (or, in Verizon's sole discretion,
by application of a surcharge to an existing rate) to be
equivalent to an arrangement available under a Verizon
access tariff (at month-to-month rates unless a different rate
Bandwidth 10 Camp v3.1 92
applies under an applicable special access term/volume
plan or other special access tariff arrangement in which
Bandwidth is then enrolled), a resale arrangement, or other
analogous arrangement that Verizon shall identify or has
identified in writing to Bandwidth; provided, however, that
Verizon may disconnect the subject Discontinued Facilty
(or the replacement service to which the Discontinued
Facilty has been converted) if Bandwidth fails to pay when
due any applicable new rate or surcharge biled by Verizon.
1.7 TRRO Certification and Related Provisions.
1.7.1 TRRO Certification. Before requesting unbundled access to a DS1
Loop, a DS3 Loop, DS1 Dedicated Transport, DS3 Dedicated
Transport, or Dark Fiber Transport, including, but not limited to, any of
the foregoing elements that constitute part of a Combination or that
Bandwidth seeks to convert from another wholesale service to an
unbundled network element (collectively, "TRRO Certification
Elements"), Bandwidth must undertake a reasonably diligent inquiry
and, based on that inquiry, certify that, to the best of its knowledge,
Bandwidth's request is consistent with the requirements of the TRRO
and that Bandwidth is entitled to unbundled access to the subject
element pursuant to section 251 (c)(3) of the Act. Bandwidth shall
provide such certification using the automated method that Verizon
makes available for that purpose. Bandwidth's reasonably dilgent
inquiry must include, at a minimum, consideration of any list of non-
impaired UNE Wire Centers that Verizon makes or has made available
to Bandwidth by notice and/or by publication on Verizon's wholesale
website (the ''Wire Center List") and any back-up data that Verizon
provides or has provided to Bandwidth under a non-disclosure
agreement or that is otherwise available to Bandwidth.
1.7.2 Provision-then-Dispute Requirements.
1.7.2.1 Upon receiving a request from Bandwidth for unbundled
access to a TRRO Certification Element and the certification
required by Section 1.7.1 above, and except as provided in
Section 1.7.2.3 below, Verizon shall process the request in
accordance with any applicable standard intervals. If
Verizon wishes to challenge Bandwidth's right to obtain
unbundled access to the subject element pursuant to 47
U.S.C. § 251 (c)(3), then (except as provided in Section
1.7.2.3 below) Verizon must provision the subject element
as a UNE and then seek resolution of the dispute by the
Commission or the FCC, or through such other dispute
resolution process that Verizon elects to invoke under the
dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuantto section 1.7.2.1 above is resolved in
Verizon's favor, then Bandwidth shall compensate Verizon
for the additional charges that would apply if Bandwidth had
ordered the subject facility or service on a month-to-month
term under Verizon's interstate special access tariff (except
as provided in section 1.7.2.2.1 below as to Dark Fiber
Transport) and any other applicable charges, applicable
back to the date of provisioning (including, but not limited to,
late payment charges for the unpaid difference between
Bandwidth 10 Camp v3.1 93
UNE and access tariff rates). The month-to-month rates
shall apply until such time as Bandwidth requests
disconnection of the subject facilty or an alternative term
that Verizon offers under its interstate special access tariff
for the subject facility or service.
1.7.2.2.1 In the case of Dark Fiber Transport (there being
no analogous service under Verizon's access
tariffs), the monthly recurring charges that
Verizon may charge, and that Bandwidth shall
be obligated to pay, for each circuit shall be shall
be the charges for the commercial service that
Verizon, in its sole discretion, determines to be
analogous to the subject Dark Fiber Transport
and, unless otherwise agreed in writing by the
Parties, Verizon may, without further notice,
disconnect the subject dark fiber facilty within
thirty (30) days of the date on which the dispute
is resolved in Verizon's favor. In any case
where Bandwidth, within thirty (30) days of the
date on which the dispute is resolved in
Verizon's favor, submits a valid ASR for a "lit"
service to replace the subject Dark Fiber
Transport facility, Verizon shall continue to
provide the Dark Fiber Transport facilty at the
rates specified above, but only for the duration
of the standard interval for installation of the "lit"
service.
1.7.2.3 Notwithstanding any other provision of the Agreement,
Verizon may reject a Bandwidth order for a TRRO
Certification Element without first seeking dispute
resolution: (a) in any case where Bandwidth's order
conflcts with a provision of a Verizon Tariff, (b) in any case
where Bandwidth's order conflicts with a non-impaired UNE
Wire Center designation set forth in a Wire Center List that
Verizon has made available to Bandwidth by notice and/or
by publication on Verizon's wholesale website, (c) in any
case where Bandwidth's order conflicts with a non-impaired
UNE Wire Center designation that the Commission or the
FCC has ordered or approved or that has otherwise been
confirmed through previous dispute resolution (regardless of
whether Bandwidth was a party to such dispute resolution),
or (d) as otherwise permitted under the Federal Unbundling
Rules (including, but not limited to, upon a determination by
the Commission, the FCC, or a court of competent
jurisdiction that Verizon may reject orders for TRRO
Certification Elements without first seeking dispute
resolution).
1.8 Limitation With Respect to Replacement Arrangements. Notwithstanding any
other provision of this Agreement, any negotiations regarding any UNE-
replacement arrangement, facility, service or the like that Verizon is not required
to provide under the Federal Unbundling Rules (including without limitation any
arrangement, facility, service or the like that Verizon offers under an access tariff)
shall be deemed not to have been conducted pursuant to the Agreement, 47
Bandwidth 10 Camp v3.1 94
U.S.C. § 252(a)(1), or 47 C.F.R. Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. § 252(b). Any reference in this
Attachment to Verizon's provision of a arrangement, facilty, service or the like
that Verizon is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
permit: (a) arbitration pursuant to 47 U.S.C. § 252(b) of the rates, terms, or
conditions upon which Verizon may provide such arrangement, facilty, service or
the like, or (b) application of 47 U.S.C. § 252 in any other respect.
2. 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, the Federal Unbundling Rules, Verizon shall provide
Bandwidth access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
2.2 Line Splitting (also referred to as "Loop Sharing"), as set forth in Section 4 of this
Attachment;
2.3 (Intentionally Left Blank);
2.4 Sub-Loops, as set forth in Section 6 of this Attachment;
2.5 Sub-Loop for Multiunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
2.6 Dark Fiber Transport (sometimes referred to as "Dark Fiber IOF"), as set forth in
Section 8 of this Attachment;
2.7 Network Interface Device, as set forth in Section 9 of this Attachment;
2.8 (Intentionally Left Blank);
2.9 Dedicated Transport (may also be referred to as "Interoffice Transmission
Facilities") (or "IOF"), as set forth in Section 11 of this Attachment;
2.10 (Intentionally Left Blank);
2.11 Operations Support Systems, as set forth in Section 13 of this Attachment; and
2.12 Other UNEs in accordance with Section 14 of this Attachment.
3. Loop Transmission Types
3.1 Subject to the conditions set forth in Section 1 of this Attachment, Verizon shall
allow Bandwidth 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 Bandwidth access to Loops in
accordance with, but only to extent required by, the Federal Unbundling Rules.
Subject to the foregoing and the provisions regarding FTTP Loops, in Section 3.5
below, and Hybrid Loops, in Section 3.6 below, the available Loop types are as
set forth below:
3.1.1 "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
Bandwidth 10 Camp v3.1 95
3.1.2
3.1.3
3.1.4
3.1.5
Bandwidth 10 Camp v3.1
described in Verizon Technical Reference (TR)-72565, as revised from
time-to-time. If "Customer-Specified Signaling" is requested, the Loop
wil 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 wil not build new facilities or modify existing facilities
except to the extent required in Section 17 of this Attachment.
"4-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 wil 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 wil not build new facilties or
modify existing facilties except to the extent required in Section 17 of
this Attachment.
"2-Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 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. In some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Verizon will provide loop
extension equipment only upon request. A separate charge wil 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, Bandwidth may order a 2-Wire Digital
Compatible Loop using 2-wire ISDN ordering codes to provide similar
capabilty. Verizon wil not build new facilties or modify existing
facilities except to the extent required in Section 17 of this Attachment.
"2-Wire ADSL-Compatible Loop" or "ADSL 2W" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
digital signals up to 8 Mbps toward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in Verizon
TR-72575, as revised from time-to-time. ADSL-Compatible Loops wil
be available only where existing copper facilties are available and
meet applicable specifications. Verizon wil not build new facilties or
modify existing facilities except to the extent required in Sections 3.2
or 17 of this Attachment. 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, Bandwidth may order a
2-Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capabilty.
"2-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,
96
3.1.6
3.1.7
3.1.8
Bandwidth 10 Camp v3.1
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops will be provided only where existing facilties 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, Bandwidth may order a 2-Wire Digital
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capability. Verizon wil not build new facilities or modify existing
facilities except to the extent required in Sections 3.2 or 17 of this
Attchment.
"4-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 wil be provided only where existing faciliies are available and
can meet applicable specifications. Verizon wil not build new facilities
or modify existing facilties except to the extent required in Sections
3.2 or 17 of this Attachment.
"2-Wire IDSL-Compatible Metallc Loop" consists of a single 2-wire
non-loaded, twisted copper pair that meets revised resistance design
criteria. This Loop is intended to be used with very-low band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the T1 E1.4 loop spectrum management standard
(T1 E1.4/2000-002R3) and are not compatible with 2B1 Q 160 kbps
ISDN transport systems. The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E 1.4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallc Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, Bandwidth may order a
2-Wire Digital Compatible Loop using ISDN ordering codes to provide
similar capability. Verizon wil not build new facilties or modif existing
facilities except to the extent required in Sections 3.2 or 17 of this
Attachment.
"2-Wire SDSL-Compatible Loop", is intended to be used with low band
symmetric DSL systems that meet the Class 2 signal power limits and
other criteria in the T1 E1.4 loop spectrum management standard
(T1 E1.4/2000-002R3). This Loop consists of a single 2-wire non.
loaded, twisted copper pair that meets Class 2 length limit in
T1 E1.4/2000-002R3. The data rate achieved depends on the
performance of the CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. The
2-Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. In the former GTE Service Areas only,
Bandwidth may order a 2-Wire Digital Compatible Loop to provide
similar capability. SDSL-compatible local loops wil be provided only
where facilties are available and can meet applicable specifications.
Verizon wil not build new facilities or modify existing facilities except to
the extent required in Sections 3.2 or 17 of this Attachment.
97
3.1.9
3.1.10
3.1.11
Bandwidth 10 Comp v3.1
"4-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
4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no intermediate electronics or it consists of universal digital loop
carrier with 56 kbps DDS data port transport capability. Verizon shall
provide 4-Wire 56 kbps Loops to Bandwidth in accordance with, and
subject to, the technical specifications set forth in Verizon TR-72575,
as revised from time-to-time. Verizon wil not build new facilties or
modify existing facilities except to the extent required in Section 17 of
this Attachment.
"DS1 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 DS1
Loop includes the electronics necessary to provide the DS 1
transmission rate. If, at the requested installation date, the electronics
necessary to provide the DS 1 transmission rate are not available for
the requested DS1 Loop, then Verizon wil not install new electronics
except to the extent required in Section 17 of this Attachment. Verizon
wil not build new facilities and will not modify existing facilties except
to the extent required in Section 17 of this Attachment. If the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DS1 Loop,
upon request by Bandwidth, the DS1 Loop wil be furnished with Clear
Channel (B8ZS) signaling. Verizon will not install new electronics to
furnish Clear Channel (B8ZS) signaling. For purposes of provisions
implementing any right Verizon may have to cease providing
unbundled access to DS 1-capacity Loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS1 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS 1 Loop set forth in
this section.
"DS3 Loops" wil support the transmission of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Verizon TR 72575, as revised
from time to time. The DS3 Loop includes the electronics necessary
to provide the DS3 transmission rate. If, at the requested installation
date, the electronics necessary to provide the DS3 transmission rate
are not available for the requested DS3 Loop, then Verizon wil not
install new electronics except to the extent required in Section 17 of
this Attachment. Verizon will not build new facilties and will not modify
existing facilities except to the extent required in Section 17 of this
Attachment. For purposes of provisions implementing any right
Verizon may have to cease providing unbundled access to DS3-
capacity loops under the TRRO pursuant to Section 1 of this
Attachment, the term "DS3 Loop" further includes any type of Loop
described in Section 3.1 of the Network Elements Attachment that
provides a digital transmission channel suitable for the transport of
44.736 Mbps digital signals, regardless of whether the subject Loop
meets the specific definition of a DS3 Loop set forth in this section.
98
3.1.12 In the former Bell Atlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific Bandwidth
requirements for metallc loops over 18k ft. or for conditioning of
ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loops. "Digital Designed
Loops" may include requests for:
3.1.12.1 a 2W Digital Designed Metallc Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
3.1.12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a "2W ADSL Compatible Loop");
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop");
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed Metallc Loop with Verizon-placed
ISDN loop extension electronics;
3.1.13
3.1.12.7 a 2W SDSL Loop with an option to remove bridged.tap; and
3.1.12.8 a 2W IDSL Loop of less than 18k ft. with an option to
remove bridged tap;
Verizon shall make Digital Designed Loops available Bandwidth 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 Bandwidth
requirements for metallc loops over 12k ft. or for conditioning of 2-wire
or 4-wire digital or BRI ISDN Loops. "Conditioned Loops" may include
requests for:
3.1.14
3.1.14.1 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");
3.1.14.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to bea
"2W Digital Compatible Loop");
3.1.14.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an
option to remove bridged tap (such a 2W Loop with bridged
tap so removed shall be deemed to be a "2W Digital
Compatible Loop");
Bandwidth 10 Comp v3.1 99
3.1.14.4 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 Bandwidth at the
rates as set forth in the Pricing Attachment.
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.1.15
3.2.1
3.2.2
3.2.3
Bandwidth 10 Camp v3.1
Bandwidth 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 Offce by
Central Office basis, to identify those Loops that meet the applicable
technical characteristics established by Verizon for compatibilty with
xDSL Compatible or BRI ISDN signals. The results of this survey will
be stored in a mechanized database and made available to Bandwidth
as the process is completed in each Central Offce. Bandwidth must
utilize this mechanized loop qualification database, where available, in
advance of submitting a valid electronic transmittal Service Order for
an xDSL Compatible or BRI ISDN Loop. Charges for mechanized
loop qualification information are set forth in the Pricing Attachment.
In former GTE Service Areas, Verizon provides access to mechanized
xDSL loop qualification information to help identify those loops that
meet applicable technical characteristics for compatibility with xDSL
Services that the CLEC may wish to offer to its end user Customers.
Bandwidth must access Verizon's mechanized loop qualification
system through the use of the on-line computer interface at
ww.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 Bandwidth the
ability to determine loop composition and 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 Bandwidth to evaluate the loop qualification
information provided by Verizon and determine whether a loop meets
Bandwidth 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 3.2.2 of this Attachment, Bandwidth must request a manual
loop qualification, where such qualification is available, prior to
submittng a valid electronic Service Order for an xDSL Compatible or
BRI ISDN Loop. In general, Verizon wil 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
100
process is currently available in the former Bell Atlantic Service Areas
only.
3.2.4 If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.g., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), Bandwidth may request an Engineering
Query, where available, as described in Section 3.2.7 of this
Attachment, to determine whether the result is due to characteristics of
the loop itself (e.g., specific number and location of bridged taps, the
specific number of load coils, or the gauge of the cable).
3.2.5 Once a Loop has been pre-qualified, Bandwidth wil submit a Service
Order pursuant to Section 3.2.1 of this Attachment if it wishes to obtain
the Loop.
3.2.5.1 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 wil
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals will
apply.
3.2.5.2 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 wil
search the Customer's serving terminal for a suitable spare
facilty. If an xDSL Compatible Loop is found within the
serving terminal, Verizon wil perform a Line and Station
Transfer (or "pair swap") whereby the Verizon technician wil
transfer the Customer's existing service from one existing
Loop facility onto an alternate existing xDSL Compatible
Loop facility serving the same location. Verizon performs
Line and Station Transfers in accordance with the
procedures developed in the DSL Collaborative in the State
of New York, NY PSC Case 00-C-0127. Standard intervals
do not apply when Verizon performs a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
If Bandwidth submits a Service Order for an xDSL Compatible orBRI
ISDN Loop that has not been prequalified, Verizon wil query the
Service Order back to Bandwidth for qualification and wil not accept
such Service Order until the Loop has been prequalified on a
mechanized or manual basis. If Bandwidth 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 Bandwidth 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).
3.2.6
3.2.7
Bandwidth 10 Camp v3.1
Where Bandwidth has followed the prequalification procedure
described above and has determined that a Loop is not compatible
with xDSL technologies or BRI ISDN service in its existing condition, it
may either request an Engineering Query, where available, to
determine whether conditioning may make the Loop compatible with
101
the applicable service; or if Bandwidth is already aware of the
conditioning required (e.g., where Bandwidth has previously requested
a qualification and has obtained loop characteristics), Bandwidth may
submit a Service Order for a Digital Designed Loop. Verizon wil
undertake to condition or extend the Loop in accordance with this
Section 3.2 of this Attachment upon receipt of Bandwidth's valid,
accurate and pre-qualified Service Order for a Digital Designed Loop.
3.2.8 The Parties wil make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. In general, where
conditioning or loop extensions are requested by Bandwidth, an
interval of eighteen (18) Business Days wil be required by Verizon to
complete the loop analysis and the necessary construction work
involved in conditioning and/or extending the loop as follows:
3.2.8.1 Three (3) Business Days will be required following receipt of
Bandwidth'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.
3.2.8.2 Upon completion of an Engineering Work Order, Verizon
wil initiate the construction order to perform the
changes/modifications to the Loop requested by Bandwidth.
Conditioning activities are, in most cases, able to be
accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this intervaL.
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process will be initiated,
subject to Verizon's standard provisioning intervals.
3.2.9 If Bandwidth requires a change in scheduling, it must contact Verizon
to issue a supplement to the original Service Order. If Bandwidth
cancels the request for conditioning after a loop analysis has been
completed but prior to the commencement of construction work,
Bandwidth shall compensate Verizon for an Engineering Work Order
charge as set forth in the Pricing Attachment. If Bandwidth cancels
the request for conditioning after the loop analysis has been
completed and after construction work has started or is complete,
Bandwidth 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.
3.3 Conversion of Live Telephone Exchange Service to Analog 2W Loops.
3.3.1 The following coordination procedures shall apply to "live" cutovers of
Verizon Customers who are converting their Telephone Exchange
Services to Bandwidth Telephone Exchange Services provisioned
over Analog 2W unbundled Local Loops ("Analog 2W Loops) to be
provided by Verizon to Bandwidth:
3.3.1.1 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 Bandwidth
does not request a coordinated cutover, Verizon wil
Bandwidth 10 Camp v3.1 102
process Bandwidth's order as a new installation subject to
applicable standard provisioning intervals.
3.3.1.2 Bandwidth 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 Bandwidth 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 availabilty of
Verizon's work force. In the event that Verizon's work force
is not available, Bandwidth and Verizon shall mutually agree
on a New Conversion Time, as defined below. Bandwidth
shall designate the Scheduled Conversion Time subject to
Verizon standard provisioning intervals as stated in the
Verizon CLEC Handbook, as may be revised from time to
time. Within three (3) Business Days of Verizon's receipt of
such valid LSR, or as otherwise required by the Federal
Unbundling Rules, Verizon shall provide Bandwidth the
scheduled due date for conversion of the Analog 2W Loops
covered by such LSR.
3.3.1.3 Bandwidth shall provide dial tone at the Bandwidth
collocation site at least fort-eight (48) hours prior to the
Scheduled Conversion Time.
3.3.1.4 Either Part may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time");
provided, however, that each Part 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.
3.3.1.5 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:
3.3.1.5.1 If Verizon requests to reschedule outside of the
one (1) hour time frame above, the Analog 2W
Loops Service Order Charge for the original
Scheduled Conversion Time or the previous
New Conversion Time shall be credited upon
request from Bandwidth; and
3.3.1.5.2 If Bandwidth requests to reschedule outside the
one (1) hour time frame above, Bandwidth shall
be charged an additional Analog 2W Loops
Service Order Charge for rescheduling the
conversion to the New Conversion Time.
Bandwidth 10 Camp v3.1 103
3.3.1.6 If Bandwidth is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply.
If Verizon is not available or ready to perform the
conversion within thirty (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Verizon and Bandwidth wil reschedule and, upon request
from Bandwidth, Verizon will credit the Analog 2W Loop
Service Order Charge for the original Scheduled
Conversion Time.
3.3.1.7 The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to Bandwidth 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 wil require a negotiated intervaL.
3.3.1.8 Conversions involving LNP wil be completed according to
North American Numbering Council (NANC) standards, via
the regional Number Portabilty Administration Center
(NPAC).
3.3.1.9 If Bandwidth requires Analog 2W Loop conversions outside
of the regularly scheduled Verizon RCCC operating hours,
such conversions shall be separately negotiated. Additional
charges (e.g. overtime labor charges) may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
3.4 (Intentionally Left Blank).
3.5 FTTP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
any Verizon Tariff, Bandwidth shall not be entitled to obtain access to
a FTTP Loop, or any segment thereof, on an unbundled basis when
Verizon deploys such a Loop to the Customer premises of an end user
that has not been served by any Verizon Loop other than a FTTP
Loop.
3.5.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Verizon Tariff, if (a) Verizon deploys an FTTP Loop to replace a
copper Loop previously used to serve a particular end user's customer
premises, and (b) Verizon retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for Bandwidth's
provision of a voice grade service to that end user's customer
premises, then in accordance with, but only to the extent required by,
the Federal Unbundling Rules, Verizon shall provide Bandwidth with
nondiscriminatory access on an unbundled basis to a transmission
path capable of providing DSO voice grade service to that end usets
customer premises.
3.6 Hybrid Loops.
3.6.1 Packet Switched Features, Functions, and Capabilties.
Notwithstanding any other provision of this Agreement or any Verizon
Bandwidth 10 Camp v3.1 104
Tariff or SGAT, Bandwidth shall not be entitled to obtain access to the
Packet Switched features, functions, or capabilities of any Hybrid Loop
on an unbundled basis.
3.6.2 Broadband Services. Subject to the conditions set forth in Section 1 of
this Attachment, when Bandwidth seeks access to a Hybrid Loop for
the provision of "broadband services," as such term is defined by the
FCC, then in accordance with, but only to the extent required by, the
Federal Unbundling Rules, Verizon shall provide Bandwidth with
unbundled access to the existing time division multiplexing features,
functions, and capabilities of that Hybrid Loop, including DS1 or DS3
capacity (but only where impairment has been found to exist, which,
for the avoidance of any doubt, does not include instances where
Verizon is not required to provide unbundled access to a DS1 Loop or
a DS3 Loop under Section 1 of this Attachment) to establish a
complete time division multiplexing transmission path between the
main distribution frame (or equivalent) in a Verizon End Offce serving
an end user to the demarcation point at the end user's Customer
premises. This access includes access to all features, functions, and
capabilities of the Hybrid Loop that are not used to transmit packetized
information.
3.6.3 Narrowband Services. Subject to the conditions set forth in Section 1
of this Attachment, when Bandwidth seeks access' to a Hybrid Loop for
the provision to its Customer of "narrowband services," as such term is
defined by the FCC, then in accordance with, but only to the extent
required by, the Federal Unbundling Rules, Verizon shall, in its sole
discretion, either (a) provide access to a spare home-run copper Loop
serving that Customer on an unbundled basis, or (b) provide access,
on an unbundled basis, to a DSO voice-grade transmission path
between the main distribution frame (or equivalent) in the end user's
serving End Office and the end user's Customer premises, using time
division multiplexing technology.
3.6.4 IDLC Hybrid Loops and Loops Provisioned via Loop Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
Bandwidth requests, in order to provide narrowband services,
unbundling of a 2 wire analog or 4 wire analog Loop currently
provisioned via Integrated Digital Loop Carrier (over a Hybrid Loop) or
via Remote Switching technology deployed as a Loop concentrator
Verizon shall, in accordance with but only to the extent required by the
Federal Unbundling Rules, provide Bandwidth unbundled access to a
Loop capable of voice-grade service to the end user Customer served
by the Hybrid Loop.
3.6.4.1 Verizon will endeavor to provide Bandwidth with an existing
copper Loop or a Loop served by existing Universal Digital
Loop Carrier ("UDLC"). Standard recurring and non-
recurring Loop charges wil apply. In addition, a non-
recurring charge wil apply whenever a line and station
transfer is performed.
3.6.4.2 If neither a copper Loop nor a Loop served by UDLC is
available, Verizon shall, upon request of Bandwidth, provide
unbundled access to a DSO voice-grade transmission path
between the main distribution frame (or equivalent) in the
end user's serving End Offce and the end user's Customer
Bandwidth 10 Camp v3.1 105
premises via such technically feasible alternative that
Verizon in its sole discretion may elect to employ. In
addition to the rates and charges payable in connection with
any unbundled Loop so provisioned by Verizon, Bandwidth
shall be responsible for any of the following charges that
apply in the event the technically feasible option involves
construction, installation, or modification of facilties: (a) an
engineering query charge for preparation of a price quote;
(b) upon Bandwidth's submission of a firm construction
order, an engineering work order nonrecurring charge; and
(c) construction charges, as set forth in the price quote. If
the order is cancelled by Bandwidth after construction work
has started, Bandwidth shall be responsible for cancellation
charges and a pro-rated charge for construction work
performed prior to the cancellation.
3.6.4.3 Verizon may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.6.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as "Loop Sharing")
4.1 Line Splittng is a process in which one CLEC provides narrowband voice service
over the low frequency portion of an unbundled copper Loop obtained from
Verizon (such CLEC may be referred to as the "VLEC") and a second CLEC
provides digital subscriber line service over the high frequency portion of that
same Loop (such CLEC may be referred to as the "DLEC"). Line Splitting is
accomplished through the use of a splitter collocated at the Verizon central offce
where the Loop terminates into a distribution frame or its equivalent.
4.2 Subject to the conditions set forth in Section 1 of this Attachment, Bandwidth may
engage in Line Splitting, in accordance with this Section 4 and the rates and
charges provided for in the Pricing Attachment. Verizon shall provide access to
Line Splittng in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between Bandwidth and another CLEC shall be accomplished
by prior negotiated arrangement between Bandwidth and the other CLEC.
Bandwidth shall give Verizon written notice of this arrangement through the
Verizon Partner Solutions Local Service Customer Profile Form (formerly referred
to as the Verizon Wholesale Local Service Customer Profile Form) on the
Verizon Partner Solutions website (formerly referred to as the Verizon wholesale
website), or such other electronic notice mechanism that Verizon may make
available, at least thirty (30) days prior to placing an order for a Line Splitting
arrangement with such other CLEC. The other CLEC must have an
interconnection agreement with Verizon that permits it to engage in Line Splitting
with Bandwidth. The VLEC shall be responsible for all rates and charges
associated with the subject Loop as well as rates and charges associated with
the DLEC's use of the high frequency portion of the Loop, including, but not
limited to, service order charges, provisioning and installation charges, central
office wiring, loop qualification charges, and OSS charges.
4.4 In order to faciltate Bandwidth's engaging in Line Splitting pursuant to this
Section 4, Bandwidth may order for use in a Line Splitting arrangement, those
Network Elements, Combinations, Collocation arrangements, services, facilties,
Bandwidth 10 Camp v3.1 106
equipment and arrangements, appropriate for Line Splitting, that are offered to
Bandwidth by Verizon under the other sections of this Agreement. Such Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, will be provided to Bandwidth in accordance with,
and subject to, the rates and charges and other provisions of this Agreement and
Verizon's applicable Tariffs. Verizon shall be obligated to provide Network
Elements, Combinations, Collocation arrangements, services, facilties,
equipment and arrangements, for Line Splitting only to the extent required by the
Federal Unbundling Rules.
4.5 Bandwidth and/or the other participating CLEC shall provide any splitters and/or
Digital Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Verizon Product Interval Guide; provided that the standard
provisioning interval for a Line Splitting arrangement shall not exceed the
shortest of the following intervals: (1) the standard provisioning interval for a Line
Splitting arrangement if stated in an applicable Verizon Tariff; or, (2) the standard
provisioning interval for a Line Splitting arrangement, if any, established in
accordance with the Federal Unbundling Rules. The standard provisioning
interval for a Line Splitting arrangement shall commence only after any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
4.7 Verizon shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either Bandwidth's or the other CLEC's
respective voice or data services over a Line Splitting arrangement.
5. (This Section Intentionally Left Blank)
6. Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Bandwidth, Verizon shall allow Bandwidth to access Sub-Loops unbundled from local
switching and transport, in accordance with the terms of this Section 6 and the rates and
charges set forth in the Pricing Attachment. Verizon shall allow Bandwidth access to
Sub-Loops in accordance with, but only to the extent required by, the Federal Unbundling
Rules. The available Sub-Loop types are as set forth below.
6.1 Unbundled Sub-Loop Arrangement- Distribution (USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Bandwidth, Verizon shall provide Bandwidth with access to a Sub-
Loop Distribution Facilty in accordance with, and subject to, the terms and
provisions of this Section 6.1, the rates set forth in the Pricing Attachment, and
the rates, terms and conditions set forth in Verizon's applicable Tariffs. Verizon
shall provide Bandwidth with access to a Sub-Loop Distribution Facility in
accordance with, but only to the extent required by, the Federal Unbundling
Rules.
6.1.1 Bandwidth may request that Verizon reactivate (if available) an unused
drop and NID or provide Bandwidth with access to a drop and NID
that, at the time of Bandwidth's request, Verizon is using to provide
service to the Customer (as such term is hereinafter defined).
Bandwidth 10 Camp v3.1 107
6.1.2
6.1.3
6.1.4
Bandwidth 10 Camp v3.1
Upon site-specific request, Bandwidth may obtain access to the Sub-
Loop Distribution Facilty at a technically feasible access point located
near a Verizon remote terminal equipment enclosure at the rates and
charges provided for in the Pricing Attachment. It is not technically
feasible to access the Sub-Loop Distribution Facilty if a technician
must access the facilty by removing a splice case to reach the wiring
within the cable. Bandwidth may obtain access to a Sub-Loop
Distribution Facility through any method required by the Federal
Unbundling Rules, in addition to existing methods such as from a
Telecommunications outside plant interconnection cabinet (TOPIC) or,
if Bandwidth is collocated at a remote terminal equipment enclosure
and the FDI for such Sub-Loop Distribution Facilty is located in such
enclosure, from the collocation arrangement of Bandwidth at such
terminal. If Bandwidth obtains access to a Sub-Loop Distribution
Facilty from a TOPIC, Bandwidth shall install a TOPIC on an
easement or Right of Way obtained by Bandwidth within 100 feet of
the Verizon FDI to which such Sub-Loop Distribution Facilty is
connected. A TOPIC must comply with applicable industry standards.
Subject to the terms of applicable Verizon easements, Verizon shall
furnish and place an interconnecting cable between a Verizon FDI and
a Bandwidth TOPIC and Verizon shall install a termination block within
such TOPIC. Verizon shall retain title to and maintain the
interconnecting cable. Verizon shall not be responsible for building,
maintaining or servicing the TOPIC and shall not provide any power
that might be required by Bandwidth for any of Bandwidth's electronics
in the TOPIC. Bandwidth shall provide any easement, Right of Way or
trenching or supporting structure required for any portion of an
interconnecting cable that runs beyond a Verizon easement.
Bandwidth may request from Verizon by submitting a loop make-up
engineering query to Verizon, and Verizon shall provide to Bandwidth,
the following information regarding a Sub-Loop Distribution Facilty
that serves an identified Customer: the Sub-Loop Distribution
Facilty's length and gauge; whether the Sub-Loop Distribution Facilty
has loading and bridged tap; the amount of bridged tap (if any) on the
Sub-Loop Distribution Facilty; and, the location of the FDI to which the
Sub-Loop Distribution Facilty is connected.
To order access to a Sub-Loop Distribution Facilty from a TOPIC,
Bandwidth must first request that Verizon connect the Verizon FDI to
which the Sub-Loop Distribution Facilty is connected to a Bandwidth
TOPIC. To make such a request, Bandwidth must submit to Verizon
an application (a "Sub-Loop Distribution Facilty Interconnection
Application") that identifies the FDI at which Bandwidth wishes to
access the Sub-Loop Distribution Facility. A Sub-Loop Distribution
Facility Interconnection Application shall state the location of the
TOPIC, the size of the interconnecting cable and a description of the
cable's supporting structure. A Sub-Loop Distribution Facilty
Interconnection Application shall also include a five-year forecast of
Bandwidth's demand for access to Sub-Loop Distribution Facilties at
the requested FDI. Bandwidth must submit the application fee set
forth in the Pricing Attachment attached hereto and Verizon's
applicable Tariffs (a "Sub-Loop Distribution Facility Application Fee")
with Sub-Loop Distribution Facilty Interconnection Application.
Bandwidth must submit Sub-Loop Interconnection Applications to:
108
6.1.5
6.1.6
6.1.7
6.1.8
6.1.9
Bandwidth 10 Camp v3.1
Bandwidth's Account Manager
Within sixt (60) days after it receives a complete Sub-Loop
Distribution Facility Interconnection Application for access to a Sub-
Loop Distribution Facilty and the Sub-Loop Distribution Facility
Application Fee for such application, Verizon shall provide to
Bandwidth a work order that describes the work that Verizon must
perform to provide such access (a "Sub-Loop Distribution Facilty Work
Ordet') and a statement of the cost of such work (a "Sub-Loop
Distribution Facilty Interconnection Cost Statement").
Bandwidth shall pay to Verizon fifty percent (50%) of the cost set forth
in a Sub-Loop Distribution Facility Interconnection Cost Statement
within sixt (60) days of Bandwidth's receipt of such statement and the
associated Sub-Loop Distribution Facility Work Order, and Verizon
shall not be obligated to perform any otthe work set forth in such order
until Verizon has received such payment. A Sub-Loop Distribution
Facilty Interconnection Application shall be deemed to have been
withdrawn if Bandwidth breaches its payment obligation under this
Section. Upon Verizon 's completion of the work that Verizon must
perform to provide Bandwidth with access to a Sub-Loop Distribution
Facilty, Verizon shall bil Bandwidth, and Bandwidth shall pay to
Verizon, the balance of the cost set forth in the Sub-Loop Distribution
Facilty Interconnection Cost Statement for such access.
After Verizon has completed the installation of the interconnecting
cable to a Bandwidth TOPIC and Bandwidth has paid the full cost of
such installation, Bandwidth can request the connection of Verizon
Sub-Loop Distribution Facilities to the Bandwidth TOPIC. At the same
time, Bandwidth shall advise Verizon of the services that Bandwidth
plans to provide over the Sub-Loop Distribution Facility, request any
conditioning of the Sub-Loop Distribution Facility and assign the pairs
in the interconnecting cable. Bandwidth shall run any crosswires
within the TOPIC.
If Bandwidth requests that Verizon reactivate an unused drop and NID,
then Bandwidth shall provide dial tone (or its DSL equivalent) on the
Bandwidth side of the applicable Verizon FDI at least twenty-four (24)
hours before the due date. On the due date, a Verizon technician wil
run the appropriate cross connection to connect the Verizon Sub-Loop
Distribution Facilty to the Bandwidth dial tone or equivalent from the
TOPIC. If Bandwidth requests that Verizon provide Bandwidth with
access to a Sub-Loop Distribution Facility that, at the time of
Bandwidth's request, Verizon is using to provide service to a
Customer, then, after Bandwidth has looped two interconnecting pairs
through the TOPIC and at least twenty four (24) hours before the due
date, a Verizon technician shall crosswire the dial tone from the
Verizon central offce through the Verizon side of the TOPIC and back
out again to the Verizon FDI and Verizon Sub-Loop Distribution
Facilty using the "loop through" approach. On the due date,
Bandwidth shall disconnect Verizon's dial tone, crosswire its dial tone
to the Sub-Loop Distribution Facilty and submit Bandwidth's LNP
request.
Verizon will not provide access to a Sub-Loop Distribution Facilty if
Verizon is using the loop of which the Sub-Loop Distribution Facility is
109
6.1.10
6.1.11
a part to provide line sharing service to another CLEC or a service that
uses derived channel technology to a Customer unless such other
CLEC first terminates the Verizon-provided line sharing or such
Customer first disconnects the service that utilzes derived channel
technology.
Verizon shall provide Bandwidth with access to a Sub-Loop
Distribution Facilty in accordance with negotiated intervals
Verizon shall repair and maintain a Sub-Loop Distribution Facilty at
the request of Bandwidth and subject to the time and material rates set
forth in Pricing Attachment and the rates, terms and conditions of
Verizon's applicable Tariffs. Bandwidth accepts responsibilty for initial
trouble isolation for Sub-Loop Distribution Facilities and providing
Verizon with appropriate dispatch information based on its test results.
If (a) Bandwidth reports to Verizon a Customer trouble, (b) Bandwidth
requests a dispatch, (c) Verizon dispatches a technician, and (d) such
trouble was not caused by Verizon Sub-Loop Distribution Facility
facilities or equipment in whole or in part, Bandwidth shall pay Verizon
the charges set forth in the Pricing Attachment and Verizon's
applicable Tariffs for time associated with said dispatch. In addition,
these charges also apply when the Customer contact as designated
by Bandwidth is not available at the appointed time. If as the result of
Bandwidth instructions, Verizon is erroneously requested to dispatch
to a site on Verizon company premises ("dispatch in"), the charges set
forth in Pricing Attachment and Verizon's applicable Tariffs will be
assessed per occurrence to Bandwidth by Verizon. If as the result of
Bandwidth instructions, Verizon is erroneously requested to dispatch
to a site outside of Verizon company premises ("dispatch out"), the
charges set forth in Pricing Attachment and Verizon's applicable
Tariffs wil be assessed per occurrence to Bandwidth by Verizon.
6.2 (Intentionally Left Blank).
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Verizon shall allow Bandwidth to
collocate equipment in a Verizon remote terminal equipment enclosure in
accordance with, and subject to, the rates, terms and conditions set forth in the
Collocation Attachment and the Pricing Attachment.
7. Sub-Loop for Multiunit Tenant Premises Access
(Intentionally Left Blank).
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber Loops
8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Bandwidth, Verizon shall provide Bandwidth with access to unbundled
Dark Fiber Transport in accordance with, and subject to, the rates, terms and
conditions provided in the Pricing Attachment and rates, terms and conditions of
Verizon's applicable Tariffs. Verizon shall not be required to provide, and
Bandwidth shall not request or obtain, unbundled access to any dark fiber facilty
that does not meet the definition of Dark Fiber Transport (except to the extent
Verizon is required to provide Bandwidth with unbundled access to Bandwidth's
embedded base of Dark Fiber Loops under Section 8.3 below). For the
avoidance of any doubt, notwithstanding any other provision of this Agreement, a
Bandwidth 10 Camp v3.1 110
Verizon Tariff, or otherwise, Verizon shall not be required to provide, and
Bandwidth shall not request or obtain, Dark Fiber Transport that does not
connect a pair of Verizon UNE Wire Centers. Access to unbundled Dark Fiber
Transport wil be provided by Verizon only where existing facilities are available
except as provided in Section 17 below. Access to Dark Fiber Transport will be
provided in accordance with, but only to the extent required by, the Federal
Unbundling Rules. Dark Fiber Transport consists of Verizon optical transmission
facilties without attached multiplexers, aggregation or other electronics. To the
extent Verizon's Dark Fiber Transport contains any lightwave repeaters (e.g.,
regenerators or optical amplifiers) installed thereon, Verizon shall not remove the
same. Except as otherwise required by the Federal Unbundling Rules, the
following terms and conditions apply to Verizon's Dark Fiber Transport offerings.
8.2 In addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Transport:
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
Bandwidth 10 Camp v3.1
(Intentionally Left Blank).
Bandwidth may access Dark Fiber Transport only at a pre-existing
Verizon accessible terminal of such Dark Fiber Transport, and
Bandwidth may not access Dark Fiber Transport at any other point,
including, but not limited to, a splice point or case. Dark Fiber
Transport is not available to Bandwidth unless such Dark Transport is
already terminated on an existing Verizon accessible terminal.
Unused fibers located in a cable vault or a controlled environment
vault, manhole or other location outside the Verizon UNE Wire Center,
and not terminated to a fiber patch panel, are not available to
Bandwidth.
Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Verizon wil not perform splicing (e.g., introduce
additional splice points or open existing splice points or cases) to
accommodate Bandwidth's request.
Verizon shall perform all work necessary to install a cross connect or a
fiber jumper from a Verizon accessible terminal to a Bandwidth
collocation arrangement.
A "Dark Fiber Inquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of Bandwidth's completed Dark Fiber Inquiry
Form, Verizon wil initiate a review of its cable records to determine
whether Dark Fiber Transport may be available between the locations
and in the quantities specified. Verizon wil respond within fifteen (15)
Business Days from receipt of the Bandwidth's Dark Fiber Inquiry
Form, indicating whether Dark Fiber Transport may be available (if so
available, an "Acknowledgement") based on the records search except
that for voluminous requests or large, complex projects, Verizon
reserves the right to negotiate a different intervaL. The Dark Fiber
Inquiry is a record search and does not guarantee the availability of
Dark Fiber Transport. Where a direct Dark Fiber Transport route is not
available, Verizon will provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Verizon Central Offices at the rates set forth in the Pricing Attachment.
In cases where Verizon provides Dark Fiber Transport via an indirect
route as described in this section, Bandwidth shall not be permitted to
access the Dark Fiber Transport at any intermediate central office
between the two Verizon central offices that are the end points of the
111
route. In no event shall Verizon be required to provide Dark Fiber
Transport between two central offces that are the end points of a
route on which Verizon is not required under the Federal Unbundling
Rules to provide Dark Fiber Transport to Bandwidth. Verizon reserves
the right to limit the number of intermediate Verizon Central Offices on
an indirect route consistent with limitations in Verizon's network design
and/or prevailng industry practices for optical transmission
applications. Any limitations on the number of intermediate Verizon
Central Offces wil be discussed with Bandwidth. If access to Dark
Fiber Transport is not available, Verizon wil notify Bandwidth, within
fifteen (15) Business Days, that no spare Dark Fiber Transport is
available over the direct route nor any reasonable alternate indirect
route, except that for voluminous requests or large, complex projects,
Verizon reserves the right to negotiate a different intervaL. Where no
available route was found during the record review, Verizon wil
identify the first blocked segment on each alternate indirect route and
which segment(s) in the alternate indirect route are available prior to
encountering a blockage on that route, at the rates set forth in the
Pricing Attachment.
8.2.5.1 Bandwidth shall indicate on the Dark Fiber Inquiry Form
whether the available Dark Fiber should be reserved, at the
rates set forth in the Pricing Attachment, pending receipt of
an order for the Dark Fiber.
8.2.5.2 Upon request from Bandwidth as indicated on the Dark
Fiber Inquiry Form, Verizon shall hold such requested Dark
Fiber Transport for Bandwidth's use for ten (10) Business
Days from Bandwidth's receipt of Acknowledgement and
may not allow any other party (including Verizon) to use
such fiber during that time period.
8.2.5.3 Bandwidth shall submit an order for the reserved Dark Fiber
Transport as soon as possible using the standard ordering
process or parallel provisioning process as described in
Section 8.2.5.5. The standard ordering process shall be
used when Bandwidth does not have additional
requirements for collocation. The parallel provisioning
process shall be used when Bandwidth requires new
collocation facilties or changes to existing collocation
arrangements.
8.2.5.4 If no order is received from Bandwidth for the reserved Dark
Fiber Transport within ten (10) Business Days from
Bandwidth's receipt of Acknowledgement, Verizon shall
return to spare the reserved Dark Fiber Transport that
Verizon previously notified Bandwidth are available. Should
Bandwidth submit an order to Verizon after the ten (10)
Business Day reservation period for access to Dark Fiber
Transport that Verizon has previously notified Bandwidth
was available, Bandwidth assumes all risk that such Dark
Fiber Transport wil no longer be available.
8.2.5.5 Upon Bandwidth's request, the Parties wil conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
Bandwidth 10 Camp v3.1 112
8.2.5.5.1 Bandwidth will use existing interfaces and
Verizon's current applications and order forms to
request collocation and Dark Fiber Transport.
8.2.5.5.2 Verizon wil parallel process Bandwidth's
requests for collocation, including augments,
and Dark Fiber Transport.
8.2.5.5.3 Before Bandwidth submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, Bandwidth wil:
8.2.5.5.3.1 submit a Dark Fiber Inquiry Form
and receive an Acknowledgement
from Verizon; and
8.2.5.5.3.2 submit a collocation application
for the Verizon Central Office(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Verizon that
Bandwidth's collocation
application has been accepted.
8.2.5.5.4 Bandwidth wil prepare requests for parallel
provisioning of collocation and Dark Fiber
Transport in the manner and form reasonably
specified by Verizon.
8.2.5.5.5 If Verizon rejects Bandwidth's Dark Fiber
Transport request, Bandwidth may cancel its
collocation application within five (5) Business
Days of such rejection and receive a refund of
the collocation application fee paid by
Bandwidth, less the costs Verizon incurrêd to
date.
8.2.5.5.6 If Verizon accepts Bandwidth's Dark Fiber
Transport request, Verizon wil parallel provision
the Dark Transport to a temporary location in
Verizon's Central Offce(s). Verizon wil charge
and Bandwidth wil pay for parallel provisioning
of such Dark Fiber Transport at the rates
specified in the Pricing Attachment beginning on
the date that Verizon accepts each Dark Fiber
Transport request.
8.2.5.5.7 Within ten (10) days after Verizon completes a
Bandwidth collocation application, Bandwidth
shall submit a Dark Fiber change request to
reposition Dark Fiber Transport from the
temporary location in that Verizon Central
Office(s) to the permanent location at
Bandwidth's collocation arrangement in such
Verizon Central Offce(s). Bandwidth wil
prepare such request(s) in the manner and form
specified by Verizon.
Bandwidth 10 Camp v3.1 113
8.2.6
8.2.7
8.2.8
8.2.9
8.2.10
8.2.11
8.2.12
8.2.13
8.2.14
8.2.5.5.8 If Bandwidth cancels its collocation application,
Bandwidth must also submit a cancellation for
the unbundled Dark Fiber Transport provisioned
to the temporary location in the Verizon Central
Offce(s).
Bandwidth shall order Dark Fiber Transport by sending to Verizon a
separate ASR for each A to Z route.
Where a collocation arrangement can be accomplished in a Verizon
premises, access to Dark Fiber Transport that terminates in a Verizon
premises must be accomplished via a collocation arrangement in that
Verizon premises. In circumstances where a collocation arrangement
cannot be accomplished in a Verizon premises. the Parties agree to
negotiate for possible alternative arrangements.
Except as provided in Section 17 below, Dark Fiber Transport wil be
offered to Bandwidth in the condition that it is available in Verizon's
network at the time that Bandwidth submits its request (Le., "as is"). In
addition, Verizon shall not be required to convert lit fiber to Dark Fiber
Transport for Bandwidth's use.
Spare wavelengths on fiber strands, where Wave Division Multiplexing
(WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be Dark Fiber Transport, and,
therefore, wil not be offered to Bandwidth as Dark Fiber Transport.
Fiber that has been assigned to fulfil a Customer order for
maintenance purposes or for Verizon's lit fiber optic systems wil not
be offered to Bandwidth as Dark Fiber Transport.
Bandwidth shall be responsible for providing all transmission,
terminating and lightwave repeater equipment necessary to light and
use Dark Fiber Transport.
Bandwidth may not resell Dark Fiber Transport, purchased pursuànt to
this Agreement to third parties.
Except to the extent that Verizon is required by the Federal
Unbundling Rules to provide Dark Fiber Transport to Bandwidth for
use for Special or Switched Exchange Access Services, Bandwidth
shall not use Dark Fiber Transport, for Special or Switched Exchange
Access Services.
In order to preserve the efficiency of its network, Verizon may, upon a
showing of need to the Commission, limit Bandwidth to leasing up to a
maximum of twenty-five percent (25%) of the Dark Fiber Transport in
any given segment of Verizon's network. In addition, except as
otherwise required by the Federal Unbundling Rules, Verizon may
take any of the following actions, notwithstanding anything to the
contrary in this Agreement:
8.2.14.1 Revoke Dark Fiber Transport leased to Bandwidth upon a
showing of need to the Commission and twelve (12)
months' advance written notice to Bandwidth; and
Bandwidth 10 Camp v3.1 114
8.2.15
8.2.16
8.2.17
8.2.18
8.2.19
8.2.14.2 Verizon reserves and shall not waive, Verizon's right to
claim before the Commission that Verizon should not have
to fulfill a Bandwidth order for Dark Transport because that
request would strand an unreasonable amount of fiber
capacity, disrupt or degrade service to Customers or
carriers other than Bandwidth, or impair Verizon's abilty to
meet a legal obligation.
Except as expressly set forth in this Agreement, Bandwidth may not
reserve Dark Fiber Transport.
Bandwidth shall be solely responsible for: (a) determining whether or
not the transmission characteristics of the Dark Fiber Transport
accommodate the requirements of Bandwidth; (b) obtaining any Rights
of Way, governmental or private property permit, easement or other
authorization or approval required for access to the Dark Fiber
Transport; (c) installation of fiber optic transmission equipment needed
to power the Dark Fiber Transport to transmit permitted traffic; and (d)
except as set forth with respect to the parallel provisioning process
addressed above, Bandwidth's collocation arrangements with any
proper optical cross connects or other equipment that Bandwidth
needs to access Dark Fiber Transport before it submits an order for
such access. Bandwidth hereby represents and warrants that it shall
have all such rights of way, authorizations and the like applicable to
the location at which it wishes to establish a demarcation point for
Dark Fiber Transport, on or before the date that Bandwidth places an
order for the applicable Dark Fiber Transport, and that it shall maintain
the same going forward.
Bandwidth is responsible for trouble isolation before reporting trouble
to Verizon. Verizon will restore continuity to Dark Fiber Transport that
has been broken. Verizon wil not repair Dark Fiber Transport that is
capable of transmitting light, even if the transmission characteristics of
the Dark Fiber Transport has changed.
(Intentionally Left Blank).
Bandwidth may request the following, which shall be provided on a
time and materials basis (as set forth in the Pricing Attachment):
8.2.19.1 (Intentionally Left Blank).
8.2.19.2 A field survey that shows the availability of Dark Fiber
Transport between two or more Verizon Central Offces,
shows whether or not such Dark Fiber Transport is
defective, shows whether or not such Dark Fiber Transport
has been used by Verizon for emergency restoration
activity, and tests the transmission characteristics of
Verizon's Dark Fiber Transport. If a field survey shows that
Dark Fiber Transport is available, Bandwidth may reserve
the Dark Fiber Transport, as applicable, for ten (10)
Business Days from receipt of Verizon's field survey results.
If Bandwidth submits an order for access to such Dark Fiber
Transport after passage of the foregoing ten (10) Business
Day reservation period, Verizon does not guarantee or
warrant the Dark Fiber Transport wil be available when
Verizon receives such order, and Bandwidth assumes all
Bandwidth 10 Camp v3.1 115
risk that the Dark Fiber Transport will not be available.
Verizon shall perform a field survey subject to a negotiated
intervaL. If a Bandwidth submits an order for Dark Fiber
Transport without first obtaining the results of a field survey
of such Dark Fiber Transport, Bandwidth assumes all risk
that the Dark Fiber Transport wil not be compatible with
Bandwidth's equipment, including, but not limited to, order
cancellation charges.
8.3 Transitional Provision of Embedded Dark Fiber Loops.
Notwithstanding any other provision of this Agreement, Verizon is not required to
provide, and Bandwidth may not obtain, unbundled access to any Dark Fiber
Loop; provided, however, that if Bandwidth leased a Dark Fiber Loop from
Verizon as of March 11, 2005, Bandwidth may continue to lease that Dark Fiber
Loop at transitional rates provided for in the TRRO until September 10, 2006,
and not beyond that date. The Parties acknowledge that Verizon, prior to the
Effective Date, has provided Bandwidth with any required notices of
discontinuance of Dark Fiber Loops, and that no further notice is required for
Verizon to exercise its rights with respect to discontinuance of Dark Fiber Loops.
9. Network Inteñace Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Bandwidth, Verizon shall permit Bandwidth to connect a Bandwidth
Loop to the Inside Wiring of a Customer's premises through the use of a Verizon
NID in accordance with this Section 9 and the rates and charges provided in the
Pricing Attachment. Verizon shall provide Bandwidth with access to NIDs in
accordance with, but only to the extent required by, the Federal Unbundling
Rules. Bandwidth may access a Verizon NID either by means of a connection
(but only if the use of such connection is technically feasible) from an adjoining
Bandwidth NID deployed by Bandwidth or, if an entrance module is available in
the Verizon NID, by connecting a Bandwidth Loop to the Verizon NID. When
necessary, Verizon wil rearrange its facilties to provide access to an existi7ng
Customer's Inside Wire. An entrance module is available only if facilities are not
connected to it.
9.2 In no case shall Bandwidth access, remove, disconnect or in any other way
rearrange Verizon's Loop facilities from Verizon's NIDs, enclosures, or
protectors.
9.3 In no case shall Bandwidth access, remove, disconnect or in any other way
rearrange, a Customer's Inside Wiring from Verizon's NIDs, enclosures, or
protectors where such Customer Inside Wiring is used in the provision of ongoing
Telecommunications Service to that Customer.
9.4 In no case shall Bandwidth remove or disconnect ground wires from Verizon's
NIDs, enclosures, or protectors.
9.5 In no case shall Bandwidth remove or disconnect NID modules, protectors, or
terminals from Verizon's NID enclosures.
9.6 Maintenance and control of premises Inside Wiring is the responsibilty of the
Customer. Any conflicts between service providers for access to the Customer's
Inside Wiring must be resolved by the person who controls use of the wiring
(e.g., the Customer).
Bandwidth 10 Comp v3.1 116
9.7 When Bandwidth is connecting a Bandwidth-provided Loop to the Inside Wiring
of a Customer's premises through the Customer's side of the Verizon NID,
Bandwidth does not need to submit a request to Verizon and Verizon shall not
charge Bandwidth for access to the Verizon NID. In such instances, Bandwidth
shall comply with the provisions of Sections 9.2 through 9.7 of this Attachment
and shall access the Customer's Inside Wire in the manner set forth in Section
9.8 of this Attachment.
9.8 Due to the wide variety of NIDs utilzed by Verizon (based on Customer size and
environmental considerations), Bandwidth may access the Customer's Inside
Wiring, acting as the agent of the Customer by any of the following means:
9.8.1 Where an adequate length of Inside Wiring is present and
environmental conditions permit, Bandwidth may remove the Inside
Wiring from the Customer's side of the Verizon NID and connect that
Inside Wiring to Bandwidth's NID.
9.8.2 Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, Bandwidth may enter the
Customer side of the Verizon NID enclosure for the purpose of
removing the Inside Wiring from the terminals of Verizon's NID and
connecting a connectorized or spliced jumper wire from a suitable
"punch out" hole of such NID enclosure to the Inside Wiring within the
space of the Customer side of the Verizon NID. Such connection shall
be electrically insulated and shall not make any contact with the
connection points or terminals within the Customer side of the Verizon
NID.
9.8.3 Bandwidth may request Verizon to make other rearrangements to the
Inside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting party (Le.
Bandwidth, its agent, the building owner or the Customer). If
Bandwidth accesses the Customer's Inside Wiring as described in this
Section 9.8.3, time and materials charges will be biled to the
requesting party (Le. Bandwidth, its agent, the building owner or the
Customer).
10. (This Section Intentionally Left Blank)
11. Dedicated Transport
11.1 Subject to the conditions set forth in Section 1 of this Attachment, where faciliies
are available, at Bandwidth's request, Verizon shall provide Bandwidth with
Dedicated Transport unbundled from other Network Elements at the rates set
forth in the Pricing Attachment. Verizon shall provide Bandwidth with such
Dedicated Transport in accordance with, but only to the extent required by, the
Federal Unbundling Rules. Except as provided in Section 17 below, Verizon wil
not install new electronics, and Verizon will not build new facilties. For the
avoidance of any doubt, notwithstanding any other provision of this Agreement,
Verizon shall not be required to provide, and Bandwidth shall not request or
obtain, unbundled access to shared (or common) transport, or any other
interoffice transport facilty that does not meet the definition of Dedicated
Transport.
11.2 If and, to the extent that, Bandwidth has purchased (or purchases) transport from
Verizon under a Verizon Tariff or otherwise, and Bandwidth has a right under the
Federal Unbundling Rules to convert (and wishes to convert) such transport to
Bandwidth 10 Comp v3.1 117
unbundled Dedicated Transport under this Agreement, it shall give Verizon
written notice of such request (including, without limitation, through submission of
ASRs if Verizon so requests) and provide to Verizon all information (including,
without limitation, a listing of the specific circuits in question) that Verizon
reasonably requires to effectuate such conversion. In the case of any such
conversion, Bandwidth shall pay any and all conversion charges (e.g., non-
recurring charges), as well as any and all termination liabilties, minimum service
period charges and like charges in accordance with Verizon's applicable Tariffs.
If the transport to be converted comprises a portion of a High Capacity EEL (as
defined in Section 16.2.1 below), the applicable provisions of Section 16 below
shall apply.
12. (This Section Intentionally Left Blank)
13. Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attachment, Verizon shall provide Bandwidth with access via
electronic interfaces to databases required for pre-ordering, ordering, provisioning,
maintenance and repair, and biling. Verizon shall provide Bandwidth with such access in
accordance with, but only to the extent required by, the Federal Unbundling Rules. All
such transactions shall be submitted by Bandwidth through such electronic interfaces.
14. Availabilty of Other Network Elements on an Unbundled Basis
14.1 Any request by Bandwidth for access to a Verizon Network Element that is not
already available and that Verizon is required by the Federal Unbundling Rules to
provide on an unbundled basis shall be treated as a Network Element Bona Fide
Request pursuant to Section 14.3, of this Attachment. Bandwidth shall provide
Verizon access to its Network Elements as mutually agreed by the Parties or as
required by the Federal Unbundling Rules.
14.2 Notwithstanding anything to the contrary in this Section 14, a Party shall not be
required to provide a proprietary Network Element to the other Party under this
Section 14 except as required by the Federal Unbundling Rules.
14.3.1
14.3 Network Element Bona Fide Request (BFR).
14.3.2
14.3.3
14.3.4
Bandwidth 10 Camp v3.1
Each Party shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Party hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (rei. Oct. 19, 1992)
11 259 and n.603 or subsequent orders.
A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
118
Except under extraordinary circumstances, within thirt (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Party
shall provide to the requesting Party a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Party wil offer access to the Network
Element or wil provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by the Federal Unbundling Rules, it shall
promptly proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
Part. When it receives such authorization, the receiving Party shall
promptly develop the requested services, determine their availabilty,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252(d)(1) of the Act.
As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party
a Network Element Bona Fide Request quote which will include, at a
minimum, a description of each Network Element, the availabilty, the
applicable rates, and the installation intervals.
Within thirty (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Party must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Party may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
15. Maintenance of Network Elements
14.3.5
14.3.6
14.3.7
14.3.8
14.3.9
If (a) Bandwidth reports to Verizon a Customer trouble, (b) Bandwidth requests a
dispatch, (c) Verizon dispatches a technician, and (d) such trouble was not caused by
Verizon's facilities or equipment in whole or in part, then Bandwidth shall pay Verizon a
charge set forth in the Pricing Attachment for time associated with said dispatch. In
addition, this charge also applies when the Customer contact as designated by
Bandwidth is not available at the appointed time. Bandwidth accepts responsibility for
initial trouble isolation and providing Verizon with appropriate dispatch information based
on its test results. If, as the result of Bandwidth instructions, Verizon is erroneously
requested to dispatch to a site on Verizon company premises ("dispatch in"), a charge set
forth in the Pricing Attachment wil be assessed per occurrence to Bandwidth by Verizon.
If as the result of Bandwidth instructions, Verizon is erroneously requested to dispatch to
a site outside of Verizon company premises ("dispatch out"), a charge set forth in the
Pricing Attachment wil be assessed per occurrence to Bandwidth by Verizon. Verizon
agrees to respond to Bandwidth trouble reports on a non-discriminatory basis consistent
Bandwidth 10 Camp v3.1 119
with the manner in which it provides service to its own retail Customers or to any other
similarly situated Telecommunications Carrier.
16. Combinations, Commingling, and Conversions
16.1 Subject to and without limiting the conditions set forth in Section 1 of this
Attachment:
Verizon will not prohibit the commingling of a Qualifying UNE with
Qualifying Wholesale Services, but only to the extent and so long as
commingling and provision of such Network Element (or combination
of Network Elements) is required by the Federal Unbundling Rules.
Moreover, to the extent and so long as required by the Federal
Unbundling Rules, Verizon shall, upon request of Bandwidth, perform
the functions necessary to commingle Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of the applicable
access Tariff or separate non-251 agreement wil apply to the
Qualifying Wholesale Services, and the rates, terms and conditions of
the Agreement or the Verizon UNE Tariff, as applicable, will apply to
the Qualifying UNEs; provided, however, that a nonrecurring charge
wil apply for each UNE circuit that is part of a commingled
arrangement, as set forth in the Pricing Attachment. In addition, if any
commingling requested by Bandwidth requires Verizon to perform
physical work that Verizon is required to perform under the Federal
Unbundling Rules, then Verizon's standard charges for such work shall
apply or, in the absence of a standard charge, a fee calculated using
Verizon's standard time and materials rates shall apply until such time
as a standard charge is established pursuant to the terms set forth in
the Pricing Attachment.
Ratcheting, Le., a pricing mechanism that involves biling a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible for adjustment of charges under such provisions.
Verizon may exclude its performance in connection with the
provisioning of commingled facilties and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
Limitation on Section 16.1. Section 16.1 is intended only to address
the Parties' rights and obligations as to combining and/or commingling
of UNEs that Verizon is already required to provide to Bandwidth
under the Agreement and the Federal Unbundling Rules. Nothing
contained in Section 16.1 shall be deemed to limit any right of Verizon
under the Agreement to cease providing a facilty that is or becomes a
Discontinued Faciliy.
16.2 Service Eligibilty Criteria for Certain Combinations and Commingled Facilties
and Services. Subject to the conditions set forth in Sections 1 and 16.1 of this
Attachment:
16.1.1
16.1.2
16.1.3
16.2.1 Verizon shall not be obligated to provide:
16.2.1.1 an unbundled DS 1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
Bandwidth 10 Camp v3.1 120
16.2.2
Bandwidth 10 Comp v3.1
16.2.1.2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3 access
services;
16.2.1.3 unbundled DS 1 Dedicated Transport commingled with DS 1
channel termination access service;
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DS 1
channel termination access service; or
16.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3
channel termination service,
(individually and collectively "High Capacity EELs") except to the extent
Verizon is required by the Federal Unbundling Rules to do so, and then
not unless and until Bandwidth, using an ASR, certifies to Verizon that
each combined or commingled DS1 circuit or DS1 equivalent circuit of a
High Capacity EEL satisfies each of the service eligibility criteria on a
circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318. Bandwidth
must remain in compliance with said service eligibilty criteria for so long
as Bandwidth continues to receive the aforementioned combined or
commingled facilities and/or services from Verizon and Bandwidth shall
immediately notify Verizon at such time as a certification ceases to be
accurate. The service eligibility criteria shall be applied to each
combined or commingled DS1 circuit or DS1 equivalent circuit of a High
Capacity EEL. If any combined or commingled DS1 circuit or DS1
equivalent circuit of a High Capacity EEL is, becomes, or is subsequently
determined to be, noncompliant, the noncompliant High Capacity EEL
circuit wil be treated as described in Section 16.2.2 below. The
foregoing shall apply whether the High Capacity EEL circuits in question
are being provisioned to establish a new circuit or to convert an existing
wholesale service, or any part thereof, to unbundled network elements.
For existing High Capacity EEL circuits, Bandwidth, within thirt (30)
days of the Effective Date to the extent it has not already done so prior to
the Effective Date of this Agreement, must re-certify, using an ASR, that
each DS1 circuit or DS1 equivalent circuit satisfies the service eligibilty
criteria on a circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318.
Any existing High Capacity EEL circuits that Bandwidth leased from
Verizon as of the Effective Date of this Agreement that Bandwidth fails to
re-certify as required by this Section by the end of such 30-day period
shall be treated as a non-compliant circuit as described under Section
16.2.2 below effective as of the Effective Date of this Agreement.
Without limiting any other right Verizon may have to cease providing
circuits that are or become Discontinued Facilties, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
16.2 and Bandwidth has not submitted an LSR or ASR, as
appropriate, to Verizon requesting disconnection of the noncompliant
facilty and has not separately secured from Verizon an alternative
arrangement to replace the noncompliant High Capacity EEL circuit,
then Verizon, to the extent it has not already done so prior to
execution of this Agreement, shall reprice the subject High Capacity
EEL circuit (or portion thereof that had been previously billed at UNE
rates), effective beginning on the date on which the circuit became
non-compliant by application of a new rate (or, in Verizon's sole
discretion, by application of a surcharge to an existing rate) to be
121
16.2.3
16.2.4
16.2.5
equivalent to an analogous access service or other analogous
arrangement that Verizon shall identify in a written notice to
Bandwidth.
Each certification to be provided by Bandwidth pursuant to Section
16.2.1 above must contain the following information for each DS1
circuit or DS1 equivalent: (a) the local number assigned to each DS1
circuit or DS1 equivalent; (b) the local numbers assigned to each DS3
circuit (must have 28 local numbers assigned to it); (c) the date each
circuit was established in the 911/E-911 database; (d) the collocation
termination connecting facility assignment for each circuit, showing
that the collocation arrangement was established pursuant to 47
U.S.C. § 251 (c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DS1 circuit. There must be one such identification number per every
24 DS1 circuits; and (f) the local switch that serves each DS1 circuit.
When submitting an ASR for a circuit, this information must be
contained in the Remarks section of the ASR, unless provisions are
made to populate other fields on the ASR to capture this information.
The charges for conversions are as specified in the Pricing Attachment
and apply for each circuit converted.
All ASR-driven conversion requests wil result in a change in circuit
identification (circuit ID) from access to UNE or UNE to access. If
such change in circuit ID requires that the affected circuit(s) be
retagged, then a retag fee per circuit wil apply as specified in the
Pricing Attachment.
All requests for conversions wil be handled in accordance with
Verizon's conversion guidelines. Each request wil be handled as a
project and will be excluded from all ordering and provisioning metrics.
16.3 Once per calendar year, Verizon may obtain and pay for an independent auditor
to audit Bandwidth's compliance in all material respects with the service eligibilty
criteria applicable to High Capacity EELs. Any such audit shall be performed in
accordance with the standards established by the American Institute for Certified
Public Accountants, and may include, at Verizon's discretion, the examination of
a sample selected in accordance with the independent auditor's judgment. To
the extent the independent auditor's report concludes that Bandwidth failed to
comply with the service eligibiliy criteria, then (without limiting Verizon's rights
under Section 16.2.2 above) Bandwidth must convert all noncompliant circuits to
the appropriate service, true up any difference in payments, make the correct
payments on a going-forward basis, and reimburse Verizon for the cost of the
independent auditor within thirty (30) days after receiving a statement of such
costs from Verizon. Should the independent auditor confirm Bandwidth's
compliance with the service eligibiliy criteria, then Bandwidth shall provide to the
independent auditor for its verification a statement of Bandwidth's out-of-pocket
costs of complying with any requests of the independent auditor, and Verizon
shall, within thirty (30) days of the date on which Bandwidth submits such costs
to the auditor, reimburse Bandwidth for its out-of-pocket costs verified by the
auditor. Bandwidth shall maintain records adequate to support its compliance
with the service eligibility criteria for each DS1 or DS1 equivalent circuit for at
least eighteen (18) months after the service arrangement in question is
terminated.
16.2.6
17. Routine Network Modifications
Bandwidth 10 Camp v3.1 122
17.1 General Conditions. In accordance with, but only to the extent required by, the
Federal Unbundling Rules, and subject to the conditions set forth in Section 1 of
this Attachment:
Verizon shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by Bandwidth to the Loop, Dedicated Transport, or Dark
Fiber Transport facilities available under the Agreement (including
DS1 Loops and DS1 Dedicated Transport, and DS3 Loops and DS3
Dedicated Transport), where the facilty has already been constructed.
Routine network modifications applicable to Loops or Transport are
those modifications that Verizon regularly undertakes for its own
Customers and may include, but are not limited to: rearranging or
splicing of in-place cable at existing splice points; adding an
equipment case; adding a doubler or repeater; installng a repeater
shelf; deploying a new multiplexer or reconfiguring an existing
multiplexer; accessing manholes; and deploying bucket trucks to reach
aerial cable. Routine network modifications applicable to Dark Fiber
Transport are those modifications that Verizon regularly undertakes for
its own Customers and may include, but are not limited to, splicing of
in-place dark fiber at existing splice points; accessing manholes;
deploying bucket trucks to reach aerial cable; and routine activities, if
any, needed to enable Bandwidth to light a Dark Fiber Transport
facility that it has obtained from Verizon under the Agreement.
Verizon shall not be obligated to provide optronics for the purpose of
lighting Dark Fiber Transport. Routine network modifications do not
include the construction of a new Loop or new Transport facilties,
trenching, the pullng of cable, the installation of new aerial, buried, or
underground cable for a requesting telecommunications carrier, the
placement of new cable, securing permits or rights-of-way, or
constructing and/or placing new manholes or conduits. Verizon shall
not be required to build any time division multiplexing (TDM) capability
into new packet-based networks or into existing packet-based
networks that do not already have TDM capability. Verizon shall not
be required to perform any routine network modifications to any facilty
that is or becomes a Discontinued Facilty.
17.2 Performance Plans. Verizon may exclude its performance in connection with the
provisioning of Loops or Transport (including Dark Fiber Transport) for which
routine network modifications are performed from standard provisioning intervals
and performance 'measures and remedies, if any, contained in the Agreement or
elsewhere.
17.1.1
17.3 Nothing contained in this Section 17 shall be deemed: (a) to establish any
obligation of Verizon to provide on an unbundled basis under the Federal
Unbundling Rules any facilty that this Agreement does not otherwise require
Verizon to provide on an unbundled basis under the Federal Unbundling Rules,
(b) to obligate Verizon to provide on an unbundled basis under the Federal
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facilty, or (c) to limit any right of
Verizon under the Agreement, any Verizon Tariff or SGAT, or otherwise, to cease
providing a Discontinued Facility.
18. Rates and Charges
The rates and charges for UNEs, Combinations, Commingling, routine network
modifications, and other services, facilities and arrangements, offered under this
Bandwidth 10 Camp v3.1 123
Attachment shall be as provided in this Attachment and the Pricing Attachment.
19. Good Faith Peñormance
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 Bandwidth 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.
Bandwidth 10 Camp v3.1 124
COLLOCATION ATTACHMENT
1. Verizon's Provision of Collocation
Verizon shall provide to Bandwidth, in accordance with this Agreement, Verizon's
applicable federal and state Tariffs and the requirements of Applicable Law, Collocation
for the purpose of faciltating Bandwidth's interconnection with Verizon under 47 U.S.C. §
251 (c)(2) or access to Unbundled Network Elements ofVerizon; provided, that
notwithstanding any other provision of this Agreement or a Tariff, Verizon shall be
obligated to provide Collocation to Bandwidth only to the extent required by Applicable
Law and may decline to provide Collocation to Bandwidth to the extent that provision of
Collocation is not required by Applicable Law. Notwithstanding any other provision of this
Agreement or a Tariff, nothing in this Agreement or a Tariff shall be deemed to require
Verizon to provide (and, for the avoidance of any doubt, Verizon may decline to provide
and/or cease providing) Collocation that, if provided by Verizon, would be used by
Bandwidth to obtain unbundled access to any network element: (a) that Verizon is not
required to unbundle under 47 U.S.C. § 251 (c)(3) or (b) that Verizon is not required to
unbundle under 47 C.F.R. Part 51.
Because the Commission rejected Verizon's Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29,2000, Verizon shall provide Collocation according to the
following terms and conditions in the State of Idaho on an interim basis only until such
time as the Commission's decision is reversed and Verizon's Collocation Tariff Advice
No. 00-05 is permitted to go into effect or until such time as Verizon files another
Collocation Tariff in Idaho. At such time as the Commission's decision is reversed and
Verizon's Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Verizon Collocation Tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions will be rendered ineffectual, and Verizon
shall provide Collocation to Bandwidth in accordance with the terms and conditions set
forth in Verizon's Collocation Tariff, and Verizon shall do so regardless of whether or not
such terms and conditions are effective.
Section 1 of this Collocation Attachment ("Attachment"), in conjunction with the rest of
this Agreement, set forth the terms and conditions under which Verizon shall provide
Collocation services to Bandwidth. Collocation provides for access to Verizon's
"premises", for the purpose of interconnection and/or access to Unbundled Network
Elements (UNEs). For the purposes of this Attachment, "premises" is defined to include
Verizon's central offices, serving Wire Centers, and all other buildings or similar
structures owned, leased, or otherwise controlled by Verizon that house Verizon's
network facilities. Collocation at Verizon's Wire Centers and access tandems shall be
accomplished through caged, cageless, virtual or microwave service offerings, as
described below, except if not practical for technical reasons or due to space limitations.
In such event, Verizon shall provide adjacent Collocation or other methods of Collocation,
subject to space availabilty and technical feasibilty. In accordance with, but only to the
extent required by Applicable Law, Verizon shall also offer rates, terms and conditions for
Collocation services that are not expressly addressed in this Attachment or Verizon
Tariffs on an individual case basis.
1.1 Types of Collocation.
1.1.1 Single Caged. A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caged floor space to
house its equipment within Verizon premises.
Bandwidth 10 Camp v3.1 125
1.1.2
1.1.3
Bandwidth 10 Camp v3.1
Shared Caged. A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more CLECs within a Verizon premise. When two or more
CLECs request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating CLECs must agree to be the host CLEC (HC)
and the other(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Verizon for the
exchange of traffc with Verizon and/or to access unbundled netwrk
elements. Verizon wil not issue separate biling for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Verizon wil provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC wil be responsible for ordering their own
unbundled network elements from Verizon. Verizon wil separately bil
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s) are Verizon's customers and have all the rights and
obligations applicable hereunder to CLECs purchasing Collocation-
related services, including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment wil apply to shared
caged Collocation requirements.
Subleased Caged. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third party(s) for
the purpose of interconnection and/or for access to UNEs in Verizon
premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third party(s) pursuant to terms and
conditions agreed to by the CLEC and the third party(s) involved. The
CLEC and third party(s) must each be interconnected to Verizon for
the exchange of traffic with Verizon and/or to access unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Verizon wil not issue separate
biling for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
party(s). The CLEC wil be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
party(s). Each CLEC and third party wil be responsible for ordering
their own unbundled network elements from Verizon. Verizon wil
separately bil the CLEC and third party/parties for unbundled network
elements ordered. The CLEC and third party(s) are Verizon's
customers and have all the rights and obligations applicable hereunder
to CLECs purchasing Collocation-related services, including, without
limitation, the obligation to pay all applicable charges, whether or not
the CLEC is reimbursed for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment wil apply to subleased caged Collocation
requirements.
126
1.1.4 Cageless. Cageless Collocation is a form of Collocation in which
CLECs can place their equipment in Verizon premises. A cageless
Collocation arrangement allows a CLEC, using Verizon approved
vendors, to install equipment in single bay increments in an area
designated by Verizon. The equipment location wil be designated by
Verizon and wil vary based on individual Verizon premise
configurations. CLEC equipment will not share the same equipment
bays with Verizon equipment.
1.1.5 Adjacent. An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Verizon property for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Verizon's premise for caged and cage less
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Verizon property that adheres to local
building code, zoning requirements, and Verizon building standards.
Bandwidth is responsible for complying with all zoning requirements,
any federal, state or local regulations, ordinances and laws, and
obtaining all associated permits. Verizon may, where required,
participate in the zoning approval and permit acquisitions. Bandwidth
may not take any action in establishing an adjacent structure that wil
force Verizon to violate any zoning requirements or any federal, state,
or local regulations, ordinances, or laws.
Any construction by Bandwidth on Verizon property must comply with
Verizon's technical specifications as they relate to environmental safety
and grounding requirements. Verizon wil make available power and
physical Collocation services to Bandwidth in the same non-
discriminatory manner as it provides itself for its own remote equipment
buildings (REBs).
1.1.6 Virtual. Under virtual Collocation, Verizon installs and maintains
Bandwidth provided equipment which is dedicated to the exclusive use
of the Bandwidth in a Collocation arrangement. Additional details on
virtual Collocation are set forth in Section 1.9.
1.1.7 Microwave. Physical Collocation of microwave transmission facilities
wil be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
Bandwidth or Verizon provided facilities, equipment and support
structures located in, on or above the exterior walls and roof of Verizon
premises. Additional details on microwave Collocation are set forth in
Section 1.10.
1.2 Ordering.
1.2.1 Application.
1.2.1.1 Point of Contact. Bandwidth must request Collocation
arrangements through Verizon's designated point of
contact. Completed applications for Collocation must be
sent directly to Verizon's Collocation Project Manager at the
following address: Collocation Project Manager, Verizon,
125 High Street, Room 1134, Boston, MA 02110;
Bandwidth 10 Camp v3.1 127
Facsimile: [phone]; E-Mail at:
collocation.applicationsßùverizon.com. Additonal
information and requirements regarding Colloction may be
obtained from Verizon's public website at www.verizon.com.
1.2.1.2 Application Form/Fee. Bandwidth requesting Collocation at
a Verizon premise wil be required to complete the
application form and submit the non-refundable engineering
fee set forth in the Pricing Attachment, described in Section
1.5.1, for each Verizon premise at which Collocation is
requested. The application form wil require Bandwidth to
provide all engineering, floor space (where applicable),
power, environmental and other requirements necessary for
the function of the service. Bandwidth wil provide Verizon
with specifications for any non-standard or special
requirements at the time of application. Verizon reserves
the right to assess the customer any additional charges on
an individual case basis ("ICB") associated with complying
with the requirements. Any such charges shall be noticed
to Bandwidth.
Verizon wil process Collocation requests from CLECson a
first-come, first-serve basis pursuant to Verizon's receipt of
a completed application form and the non-refundable
engineering fee.
1.2.2 Space Availabilty. Subject to forecasting requirements, Verizon wil
inform Bandwidth whether space is available to accommodate
Bandwidth's request within eight (8) Business Days after receipt of a
completed application. Verizon's response wil be one of the following:
1.2.2.1 There is space and Verizon wil proceed with the
arrangement.
1.2.2.2 There is no space. Verizon wil proceed as described in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Verizon will
determine whether space can be made available and wil
notify Bandwidth within twenty (20) Business Days. At the
end of this period, Verizon wil proceed as described in
1.2.2.10r 1.2.2.2 above.
1.2.3 Collocation Schedule. If space is available, Verizon wil provide to
Bandwidth a Collocation schedule describing Verizon's abilty to meet
the physical Collocation request within eight (8) Business Days after
receipt of a completed application. Bandwidth shall have nine (9)
Business Days from receipt of a Verizon provided Collocation
schedule to pay 50% of the NRCs associated with the ordered
Collocation services.
If the application is deficient, Verizon wil specify in writing, within eight
(8) Business Days, the information that must be provided by Bandwidth
in order to complete the application. If Bandwidth resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, Bandwidth shall retain
its position within the Collocation application queue.
Bandwidth 10 Camp v3.1 128
1.2.4 (Intentionally Left Blank).
1.2.5 Augmentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to Bandwidth shall be considered an
augmentation request. An augmentation request wil require the
submission of a complete application form and a non-refundable
engineering or minor augment fee. A minor augment fee may not be
required under the circumstances outlined below. The definition of a
major or minor augment is as follows:
1.2.5.1 Major augments of Collocation arrangements are those
requests that: (a) require AC or DC power; (b) add
equipment that generates more BTU's of heat, or (c)
increase the floor space over what Bandwidth requested in
its original application. A complete application and
engineering fee wil be required when submitting a request
that requires a major augment.
1.2.5.2 Minor augments of Collocation arrangements wil require
the submission of a complete application form and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what Bandwidth requested in its original
application. The requirements of a minor augment request
cannot exceed the capacity of the existing/proposed
electrical, power or HVAC system. Requests for additional
DSO, DS1, and DS3 facilty terminations to access Verizon's
unbundled network elements are included as minor
augments, providing no additional transmission cables are
required.
Minor augments that require an augment fee are those
requests that require Verizon to perform a service or
function on behalf of Bandwidth including but not limited to:
installation of virtual equipment cards or software upgrades,
removal of virtual equipment, requests to pull cable from
exterior microwave facilities, and requests to terminate DSO,
DS1 and DS3 cables.
Minor augments that do not require a fee are those
augments performed solely by Bandwidth, that do not
require Verizon to provide a service or function on behalf of
Bandwidth, including but not limited to, requests to install
additional equipment in Bandwidth Collocation space. Prior
to the installation of the additional equipment, Bandwidth
agrees to provide Verizon an application form with an
updated equipment listing that includes the new equipment
to be installed in Bandwidth's Collocation arrangement.
Once the equipment list is submitted to Verizon, Bandwidth
may proceed with the augment. Bandwidth agrees that
changes in equipment provided by Bandwidth under this
provision wil not exceed the engineering specifications for
power and HVAC as requested on original application. All
augments wil be subject to Verizon inspection, in
Bandwidth 10 Camp v3.1 129
accordance with term of this contract for the purpose of
ensuring compliance with Verizon safety standards.
1.2.6 Expansion. Verizon will not be required to construct additional space
to provide for Bandwidth Collocation when available space has been
exhausted. Where Bandwidth seeks to expand its existing Collocation
space, Verizon shall make contiguous space available to the extent
possible; provided, however, Verizon does not guarantee contiguous
space to Bandwidth to expand its existing Collocation space.
Bandwidth requests for expansion of existing space within a specific
Verizon premise will require the submission of an application form and
the appropriate major augment fee.
1.2.7 Relocation. Bandwidth requests for relocation of the termination
equipment from one location to a different location within the same
Verizon premise will be handled on an ICB basis. Bandwidth will be
responsible for all costs associated with the relocation of its
equipment.
1.3 Installation and Operation.
1.3.1 Joint Planning and Implementation Levels for Physical Collocation.
Verizon and Bandwidth shall work cooperatively in meeting the
standard implementation milestones and deliverables as determined
during the joint planning process. The physical (caged and cageless)
Collocation arrangement implementation interval is seventy-six (76)
Business Days for all standard arrangement requests which were
properly forecast six (6) months prior to the application date, subject to
the conditions set forth for forecasting and capacity. Major
construction obstacles or special Bandwidth requirements may extend
the interval by fifteen (15) Business Days, resulting in a ninety-one
(91 )-Business Day intervaL.
1.3.1.1 The interval for Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1.3.1.4 as well as the conditions for forecasting and
capacity, is forty-five (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.1.1.1 800 2 wire voice grade terminations, or
1.3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600 line sharingllne splitting facilties, where line
sharing/splitting already exists within the central
office and where Bandwidth is eligible for line
sharinglline splitting, or
1.3.1.1.4 28 DS1 terminations, or
1.3.1.1.5 24 DS3 terminations, or
1.3.1.1.6 12 fiber terminations, or
1.3.1.1.7 Conversion of 2 wire voice grade to 4 wire
(minimum 100 - maximum 800), or
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1.3.1.1.8 2 feeds (1A and 1 B) DC power fused at 60 amps
or less, or
1.3.1.1.9 DC Power as defined in 8 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 of the following: a) 28 DS1
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. Bandwidth must have 100%
of all cables terminated to the existing cross
connects for the one additional item selected
and the in-service capacity of that selection must
be at 85% utilization or above unless Bandwidth
can demonstrate to Verizon that: a) the
previous two months trend in growth would
exceed 100% of the available capacity by the
end of the forty-five (45) Business Day augment
interval; or b) other good cause or causes that
Bandwidth cross connect capacity may be
exceeded by the end of the forty-five (45)
Business Day augment interval.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard implementation milestones wil
apply, in Business Days, unless Verizon and Bandwidth
jointly decide otherwise:
1.3.1.3.1 Day 1-Bandwidth submits completed
application and associated fee.
1.3.1.3.2 Day 8-Verizon notifies Bandwidth that request
can be accommodated and advises of due date.
1.3.1.3.3 Day 17-Bandwidth notifies Verizon of its intent
to proceed and submits 50% payment.
1.3.1.3.4 Day 30-Material ships and is received at
vendor warehouse; Bandwidth provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where
Bandwidth is eligible for line sharing/line
splitting).
1.3.1.3.5 Day 45-Augment (as defined herein)
completes.
1.3.1.3.6 Day 76-Verizon and Bandwidth attend
Collocation acceptance meeting and Verizon
turns over the Collocation arrangement to
Bandwidth. Day 76 also applies to completion of
other augments not defined herein.
1.3.1.4 The forty-five (45) Business Day interval is subject to the
following requirements:
Bandwidth 10 Camp v3.1 131
1.3.1.4.1 Infrastructure to support the requested augment
must be in place (e.g., cable racking from
common area to distributing frames, relay racks
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
existing Battery Distribution Fuse Boards
(BDFBs).
1.3.1.4.2 The Bandwidth must install sufficient equipment
to support requested terminations/facilties.
1.3.1.4.3 In large central offces with complex cable runs
(Le., multiple floors), the Verizon may request to
negotiate extensions to the forty-five (45)
Business Day intervaL.
1.3.1.5 A preliminary schedule wil be developed outlining major
milestones. Bandwidth and Verizon control various interim
milestones they must complete in order to meet the overall
intervals. The interval clock wil stop, and the final due date
wil be adjusted accordingly, for each milestone Bandwidth
misses (day for day). When Verizon becomes aware of the
possibility of vendor delays, Verizon will first contact
Bandwidth to attempt to negotiate a new intervaL. If Verizon
and Bandwidth cannot agree, the dispute wil be submitted
to the Commission for prompt resolution. Verizon and
Bandwidth shall conduct additional joint planning meetings,
as reasonably required, to ensure that all known issues are
discussed and to address any that may impact the
implementation process. Verizon wil permit Bandwidth to
schedule one escorted visit to Bandwidth's Collocation
space during construction. The applicable labor rates in the
Pricing Attachment wil be applied for the escorted visit. In
the case of extended intervals resulting from within Verizon's
control or resulting from vendor delays, and provided the
necessary security is in place, Verizon will permit Bandwidth
access to the Collocation arrangement to install equipment
while the delayed work is completed, so long as it is safe to do
so and Bandwidth's work does not impair or interfere with
Verizon in completing Verizon's work. Prior to Bandwidth
beginning the installation of its equipment, Bandwidth must
sign a conditional acceptance of the Colloction arrangement.
If Bandwidth elects to accept the space prior to the scheduled
completion, occupancy fees shall commence upon signing a
conditional acceptance of the space by Bandwidth.
1.3.1.6 Intervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by Bandwidth
and Verizon.
1.3.1.7 Verizon wil inform the Commission as soon as it knows it
wil require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individual case basis
based on negotiations with the site preparation vendor(s).
Verizon wil use its best efforts to minimize the additional
Bandwidth 10 Camp v3.1 132
time required to condition Collocation space, and wil inform
Bandwidth of the time estimates as soon as possible.
1.3.2 Forecasting and Use of Data.
1.3.2.1 Verizon wil request forecasts from Bandwidth on a semi-
annual basis, with each forecast covering a two-year period.
Bandwidth wil be required to update the near-term (6-
month) forecasted application dates. Information requested
wil include central office, month applications are expected
to be sent, requested in-service month, preference for
virtual or physical (caged or cageless) Collocation, square
footage required (physical), high-level list of equipment to
be installed (virtual), and anticipated splitter arrangements
where Bandwidth is eligible for line sharing/line splitting.
For augments, Bandwidth may elect to substitute alternative
CLLI codes within a LATA for the forecasted demand.
If Verizon has a written guarantee of reimbursement, it will
examine forecasts for offces in which it is necessary to
condition space, and discuss these forecasts with Bandwidth to
determine the required space to be conditioned. If Verizon
commits to condition space based on forecasts and if
Bandwidth is assigned space, Bandwidth wil give Verizon a
non-refundable deposit equal to the application fee. Verion wil
perform initial reviews of requested central offces forecasted for
the next six months to identify potential problem sites. Verizon
wil consider forecasts in staffng decisions. Verizon wil enter
into planning discussions with Bandwidth to validate forecasts,
discuss flexibility in potential trouble areas, and assist in
application preparation.
1.3.2.2 Unforecasteddemand (including augments) wil be given a
lesser priority than forecasted demand. Verizon wil make
every attempt to meet standard intervals for unforecasted
requests. However, if unanticipated requests push demand
beyond Verizon's capacity limits, Verizon wil negotiate
longer intervals as required (and within reason). In general,
if forecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: Interval Start Date commences two
(2) months after application receipt date.
1.3.2.2.2 Forecast received one (1) month or less prior to
application receipt date: Interval Start Date
commences two (2) months after application
receipt date.
1.3.2.2.3 Forecast received greater than one (1) month
and less than two (2) months prior to application
receipt date: Interval Start Date commences
one (1) month after application receipt date.
Bandwidth 10 Camp v3.1 133
1.3.2.2.4 Forecast received two (2) months or more prior
to application receipt date: Interval Start Date
commences on the application receipt date.
Any such interval adjustments wil be discussed with
Bandwidth at the time the application is received.
1.3.3 Collocation Capacity.
1.3.3.1 Verizon's estimate of its present capacity (Le., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffing and
current vendor arrangements. If the forecasts indicate
spikes in demand, Verizon wil attempt to smooth the
demand via negotiations with the forecasting CLECs. If
Verizon and Bandwidth fail to agree to smooth demand,
Verizon wil determine if additional expenditures would be
required to satisfy the spikes in demand and wil work with
the Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 If Verizon augments its workforce based on Bandwidth
forecasts and if Bandwidth refuses to smooth demand as
described in Section 1.3.3.1, Bandwidth wil be held
accountable for the accuracy of their forecasts.
1.3.4 Vendor Capacity. Verizon wil continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Verizon
wil share Bandwidth actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
1.3.5 Responsibility for Vendor Delays. No party shall be excused from their
obligations due to the acts or omissions of a Party's subcontractors,
material, person, suppliers or other third persons providing such
products or services to such Party unless such acts or omissions are
the product of a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, Bandwidth may
construct the cage with a standard enclosure if they are a
Verizon approved contractor or Bandwidth may subcontract
this work to a Verizon approved contractor.
1.3.6.2 Site Selection/Power. Verizon shall designate the space
within its premise where Bandwidth shall collocate its
equipment. Verizon wil assign Collocation space to
Bandwidth in a just, reasonable, and nondiscriminatory
manner. Verizon wil allow Bandwidth requesting caged or
cage less Collocation to submit space preferences on the
Bandwidth 10 Camp v3.1 134
Application Form prior to assigning caged and cageless
Collocation space to Bandwidth. Verizon wil assign caged
and cageless space in accordance with the following
standards: (1) Bandwidth's Collocation costs cannot be
materially increased by the assignment; (2) Bandwidth's
occupation and use of Verizon's premises cannot be
materially delayed by the assignment; (3) The assignment
cannot impair the quality of service or impose other
limitations on the service Bandwidth wishes to offer; and (4)
The assignment cannot reduce unreasonably the total
space available for caged and cageless Collocation, or
preclude unreasonably, caged and cageless Collocation
within Verizon's premises.
Verizon may assign caged and cage less Collocation to
space separate from space housing Verizon's equipment,
provided that each of the following conditions is met: (1)
Either legitimate security concerns, or operational
constraints unrelated to Verizon's or any of its affliates' or
subsidiaries competitive concerns, warrant such separation;
(2) Any caged and cage less Collocation space assigned to
an affliate or subsidiary of Verizon is separated from space
housing Verizon's equipment; (3) The separated space will
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost of the
separated space to Bandwidth wil not be materially higher
than the cost of non-separated space; and (5) The
separated space is comparable, from a technical and
engineering standpoint, to non-separated space.
Where applicable, Verizon shall provide, at the rates set
forth in the Pricing Attachment described in Section 1.5.1,
48V DC power with generator and/or battery back-up, heat,
air conditioning and other environmental support to
Bandwidth's equipment in the same standards and
parameters required for Verizon equipment within that
Verizon premise. Bandwidth may install AC convenience
outlets and overhead lighting if Bandwidth is a Verizon
approved contractor, or this work may be subcontracted to a
Verizon approved contractor.
1.3.6.3 DC Power. Verizon wil provide DC power to the
Collocation arrangement as specified by Bandwidth in its
Collocation application.. The Bandwidth wil specify the load
on each feed and the size of the fuse to be placed on each
feed. Bandwidth must order a minimum of ten (10) load
amps for each caged, cageless, and virtual Collocation
arrangement. Bandwidth may order additional DC Power
(beyond the minimum) in one (1) amp increments. Charges
for DC power wil be applied based on the total number of
load amps ordered on each feed.
For example, if Bandwidth orders a total of 40 load amps of
DC power and an A and B feed, Bandwidth could order 20
load amps on the A feed and 20 load amps on the B feed.
Verizon wil permit Bandwidth to order a fuse size up to 2.5
Bandwidth 10 Camp v3.1 135
times the load amps ordered provided that applicable law
permits this practice. Thus, Bandwidth could order that
each feed be fused at 50 amps if Bandwidth wants one feed
to carry the entire load in the event the other feed fails.
Accordingly, Bandwidth wil be charged on the basis of the
total number of load amps ordered, Le., 40 amps, and not
based on the total number of amps available for the fuse
size ordered.
1.3.6.4 Bandwidth is responsible for engineering the power
consumption in its Collocation arrangements and therefore
must consider any special circumstances in determining the
fused capacity of each feed. Verizon wil engineer the
power feeds to the Collocation arrangement in accordance
with industry standards based upon requirements ordered
by Bandwidth in its Collocation application. Any subsequent
orders to increase DC power load at a Collocation
arrangement must be submitted on a Collocation
application.
1.3.6.5 Verizon reserves the right to perform random inspections to
verify the actual power load being drawn by a Collocation
arrangement. At any time, without written notice,Verizon
may measure the DC power drawn at an arrangement by
monitoring Verizon's power distribution point. In those
instances where Verizon needs access to the Collocation
arrangement to make these measurements, Verizon wil
schedule a joint meeting with Bandwidth.
1.3.6.6 If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action wil apply.
1.3.6.7 If the inspection reveals that the power being drawn
exceeds the total number of load amps ordered but is within
the applicable buffer zone, as defined in Section 1.3.6.7.2,
that arrangement is subject to the following treatment:
1.3.6.7.1 Verizon wil provide Bandwidth with written
notification, by certified US mail to the person
designated by Bandwidth to receive such notice,
that more power is being drawn than was
ordered. Withinten (10) Business Days of the
date of receipt of notification, Bandwidth must
reduce the power being drawn to match its
ordered load or revise its power requirement to
accommodate the additional power being drawn.
Verizon wil accept a certification signed by a
representative of Bandwidth that power
consumption has been reduced to match the
ordered load. Failure to reduce the power being
drawn or submit a revised application within ten
(10) Business Days wil result in an increase in
the amount of power being biled to the audited
load amount.
Bandwidth 10 Camp v3.1 136
1.3.6.7.2 For a Collocation arrangement that has 100
amps or less fused, the buffer zone for the first
two violations during a consecutive twelve (12)
month period wil be 120% ofload, as long as
the second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
wil be 110% of load.
1.3.6.8 If the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
1.3.6.8.1 Verizon will notify the person designated by
Bandwidth to receive such notice via telephone
or e-mail that Verizon wil take a second
measurement no sooner than one (1) hour and
no later than two (2) days after the initial
inspection. Verizon wil not wait for Bandwidth
or require it to be present during the second
inspection.
1.3.6.8.2 Additional Labor charges, as set forth in the
Pricing Attachment, apply for the cost
associated with performing this inspection.
1.3.6.8.3 Bandwidth may perform its own inspection at
Bandwidth's cage. Bandwidth is not required to
wait for Verizon or require it to be present during
Bandwidth test. Upon request of Bandwidth,
Verizon wil send a representative to accompany
Bandwidth to conduct a joint inspection at
Bandwidth cage at no charge to Bandwidth.
Nothing herein shall be construed to prohibit
Bandwidth from testing at its own cage.
Bandwidth wil send the results of its own audit
measurements to Verizon. if they are taken in
response to a notice of violation under this
section and if Bandwidth's measurements differ
from Verizon's.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Verizon wil provide Bandwidth with
written notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by Bandwidth to receive such notice
that it has exceeded its ordered power. The
notification wil include: (1) initials or identifying
number of Verizon technician(s) who performed
the inspection; (2) dates and times of the
inspections; (3) the make, model and type of test
equipment used; (4) the length of monitoring and
the results of the specific audit; (5) the total load
Bandwidth 10 Camp v3.1 137
amps currently being biled; (6) how the test was
done; and (7) any other relevant information or
documents.
1.3.6.8.5 Verizon wil maintain a file of results taken of any
inspections for two (2) years and such file will be
made available to Bandwidth that was audited,
upon request. Verizon wil treat as confidential
information the identity of CLECs that it audits
as well as the results of such audits, unless it
receives prior written consent of the affected
CLEC to disclose such information or is required
by Applicable Law to disclose such information
to a court or commission. The foregoing does
not preclude Verizon from making the notice
described in Section 1.3.6.8.6.
1.3.6.8.6 If Bandwidth disagrees with the results of the
audit, Bandwidth wil first notify Verizon. Verizon
and Bandwidth wil make a good faith effort to
resolve the issue. If the parties do not resolve
the issue, either party can invoke dispute
resolution processes set forth in this Agreement.
The dispute resolution process set forth in this
Agreement can be initiated by either party after
thirt (30) calendar days have elapsed. This
period commences: (1) ten (10) Business Days
from receipt of the notification, in the case of
violation within the buffer zone; or (2) after
Bandwidth has received notice of the second
test, in the case of a violation over the buffer
zone.
1.3.6.8.7 With the notification required by Section
1.3.6.8.4, Verizon wil also notify Bandwidth that
it must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocatìon arrangements in the state.
Bandwidth must submit this non-scheduled
attestation within fifteen (15) Business Days of
the date of this notification. Failure to submit
this non-scheduled attestation wil result in the
application of additional labor charges for any
subsequent DC power inspections Verizon
performs prior to receipt of the next scheduled
attestation. Scheduled attestations are defined
in Section 1.3.6.11.
1.3.6.9 If the inspection reveals that the power being drawn is
greater than the applicable buffer zone set forth in Section
1.3.6.7.2, then Bandwidth shall pay Verizon for additional
power, as well as make separate and additional payments
to a charitable organization agreed upon by the parties
("Charity") in accordance with the following:
1.3.6.9.1 For the first such violation within the same
consecutive twelve (12) month period,
Bandwidth 10 Camp v3.1 138
Bandwidth wil be biled the audited load amount
for four (4) months. Bandwidth will make a
separate and additional payment to the Charity,
measured as the difference between the biling
of the fused capacity and the biling at the
audited load for four (4) months. Bandwidth
must send notice of its Charity payment to
Verizon within ten (10) calendar days of making
the payment.
1.3.6.9.2 For the second such violation within the same
consecutive twelve (12) month period,
Bandwidth wil be biled the audited load amount
for five (5) months. Bandwidth will make a
separate and additional payment to the Charity,
measured as the difference between the biling
of the fused. capacity and the biling at the
audited load for five (5) months. Bandwidth
must send notice of its Charity payment to
Verizon within ten (10) calendar days of making
the payment.
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period,
Bandwidth wil be biled the audited load amount
for six (6) months. Bandwidth wil make a
separate and additional payment to the Charity,
measured as the difference between the billng
of the fused capacity and the billng at the
audited load for six (6) months. Bandwidth must
send notice of its Charity payment to Verizon
within ten (10) calendar days of making the
payment.
1.3.6.9.4 For more than three (3) violations within the
same consecutive twelve (12) month period,
Verizon wil bil Bandwidth at the fused amount
for a minimum of six (6) months and continue to
bil at the fused amount until an updated
attestation or augment specifying revised power
is received.
1.3.6.9.5 Verizon wil notify Bandwidth that it is being
biled pursuant to this Section 1.3.6.9,
designating the applicable number of months
and also calculating the payment owed to the
Charity, under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments will be self-
executing.
1.3.6.10 If Bandwidth has requested a power augment under which
the audited amount would be within the augmented load,
plus the applicable buffer zone set forth in Section 1.3.6.7.2,
and the augment is late due to the fault of Verizon, the
payments specified in Section 1.3.6.9 will not be imposed
Bandwidth 10 Camp v3.1 139
and the parties wil not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, Bandwidth must submit a written statement
signed by a responsible offcer of Bandwidth, which attests
that it is not exceeding the total load of power as ordered in
its Collocation applications. This attestation, which must be
received by Verizon no later than the last day of June, shall
individually list all of Bandwidth's completed Collocation
arrangements provided by Verizon in the state. If
Bandwidth fails to submit this written statement by the last
day in June, Verizon wil notify Bandwidth in writing that it
has thirty (30) calendar days to submit its power attestation.
Failure to submit the required statement within the thirty
(30) calendar day notice period wil result in the biling of DC
power at each Collocation arrangement to be increased to
the total number of amps fused unti such time as Verizon
receives the required written statement by Bandwidth.
1.3.6.12 Whenever Verizon is required to perform work on a
Collocation arrangement as a result of Bandwidth's order for
a reduction in power requirements (e.g., change in fuse
size), Verizon wil assess a non-recurring charge for the
additional labor. The non-recurring charge applies for the
first half hour (or fraction thereof) and for each additional
half hour (or fraction thereof) per technician, per occurrence
as shown in the Pricing Attachment.
1.3.6.13 If Bandwidth orders a change in the power configuration
requiring new -48 volt DC power feeds to the Collocation
arrangement, Verizon wil require an engineering/major
augment Fee with an application, as set forth in the Pricing
Attachment, subject to the terms and conditions described
in Section 1.2.5. In addition, if Bandwidth's order for a
reduction in DC power triggers the deployment of power
cabling to a different power distribution point, the
engineering/major augment fee as set forth in the Pricing
Attachment applies. Verizon will work cooperatively with
Bandwidth to configure the new power distribution cables
and disconnect the old ones.
1.3.7 Equipment and Facilities.
1.3.7.1 Purchase of Eauioment. Bandwidth wil be responsible for
supply, purchase, delivery, installation and maintenance of
its equipment and equipment bay(s) in the Collocation area.
Verizon is not responsible for the design, engineering, or
performance of Bandwidth's equipment and provided
facilities for Collocation. Upon installation of all
transmission and power cables for Collocation services,
Bandwidth relinquishes all rights, title and ownership of
transmission (excluding fiber entrance facility cable) and
power cables to Verizon.
1.3.7.2 Permissible Equipment. Verizon shall permit the
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
Bandwidth 10 Camp v3.1 140
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inabilty to deploy that
equipment would, as a practical, economic, or operational
matter, preclude Bandwidth from obtaining interconnection
with Verizon at a level equal in quality to that which Verizon
obtains within its own network or Verizon provides to any of
its affilates, subsidiaries, or other parties; and (2)
Equipment is necessary for access to an unbundled
network element if an inabilty to deploy that equipment
would, as a practical, economic, or operational matter,
preclude Bandwidth from obtaining nondiscriminatory
access to that unbundled network element, including any of
its features, functions, or capabilties.
Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element
if and only if the primary purpose and function of the
equipment, as Bandwidth seeks to deploy it, meets either or
both of the standards set forth in the preceding paragraph.
For a piece of equipment to be utilized primarily to obtain
equal in quality interconnection or nondiscriminatory access
to one or more unbundled network elements, there also
must be a logical nexus between the additional functions the
equipment would perform and the telecommunication
services Bandwidth seeks to provide to its customers by
means of the interconnection or unbundled network
element. The Collocation of those functions of the
equipment that, as stand-alone functions, do not meet either
of the standards set forth in the preceding paragraph must
nòt cause the equipment to significantly increase the burden
on Verizon's propert.
Whenever Verizon objects to Collocation of equipment by
Bandwidth for purposes within the scope of Section
251 (c)(6) of the Act, Verizon shall prove to the state
commission that the equipment is not necessary for
interconnection or access to unbundled network elements
under the standards set forth above.
Bandwidth may place in its caged Collocation space
ancillary equipment such as cross connect frames, and
metal storage cabinets. Metal storage cabinets must meet
Verizon premise environmental standards.
1.3.7.3 Specifications. Collocation facilties shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEC), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
Bandwidth entrance facilities and splices must comply with
Telecordia Technologies' Generic Specification for Optical
Fiber and Optical Fiber Cable (TR~TSY-00020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Bandwidth 10 Camp v3.1 141
Maintenance Handbook, and General Information Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Verizon services or facilities.
Bandwidth designated and installed equipment located
within Verizon premises must comply with the most recent
issue, unless otherwise specified, of Telecordia
Technologies' Network Equipment Building System (NEBS)
Generic Equipment Requirements (GR-CORE-63) as it
pertains to safety requirements. This equipment must also
comply with the most current issue, unless otherwise
specified, of Verizon's Network Equipment Installation
Standards (Verizon Information Publication IP 72201) and
Verizon's Central Offce Engineering Standards (Verizon
Information Publication IP 72013). Where a difference in
specification may exist, the more stringent shall apply. If
there is a conflict between industry standards and Verizon's
technical specifications, Bandwidth and Verizon wil make a
good faith effort to resolve the difference. Bandwidth
designated facilities shall not physically, electronically or
inductively interfere with the facilties of Verizon, other
CLEC(s), tenant(s) or any other party. If such interference
occurs, Verizon may take action as permitted under Section
1.8.
Bandwidth equipment must conform to the same specific
risk/safety/hazard standards which Verizon imposes on its
own central office equipment as defined in Verizon's NEBS
requirements RNSA-NEB-95-0003, Revision 10 or higher.
Bandwidth equipment is not required to meet the same
performance and reliability standards as Verizon imposes
on its own equipment as defined in Verizon's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, Bandwidth may
install equipment that has been deployed by Verizon for five
(5) years or more with a proven safety record; however, this
provision does not prohibit the installation of equipment less
than five years old, provided the equipment meets the
NEBS safety guidelines referenced in this section prior to
the time of deployment. Verizon reserves the right to
specify the type of cable, equipment and construction
standards required in situations not otherwise covered in
this Agreement. In such cases, Verizon wil, at its
discretion, furnish to Bandwidth written material which will
specify and explain the required construction.
1.3.7.4 Cable. Bandwidth is required to provide proper cabling,
based on circuit type (VF, DSO, xDSL, DS1, DS3, etc.) to
ensure adequate shielding and reduce the possibilty of
interference. Bandwidth is responsible for providing fire
retardant riser cable that meets Verizon standards. Verizon
is responsible for placing Bandwidth's fire retardant riser
cable from the cable vault to the Collocation space. Verizon
is responsible for installng Bandwidth provided fiber optic
cable in the cable space or conduit from the first manhole to
the premises. This may be shared conduit with dedicated
inner duct. If Bandwidth provides its own fiber optic facilty,
then Bandwidth shall be responsible for bringing its fiber
Bandwidth 10 Comp v3.1 142
optic cable to the Verizon premise manhole. Bandwidth
must leave suffcient cable length for Verizon to be able to
fully extend such cable through to Bandwidth's Collocation
space.
1.3.7.5 Manhole/Splicing Restrictions. Verizon reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. Bandwidth wil not be permitted to
splice fiber optic cable in the first manhole outside of the
Verizon premise. Where Bandwidth is providing
underground fiber optic cable in Manhole #1, it must be of
sufficient length as specified by Verizon to be pulled through
the Verizon premise to Bandwidth's Collocation space.
Verizon is responsible for installng a cable splice, if
necessary, where Bandwidth provided fiber optic cable
meets Verizon standards within the Verizon premise cable
vault or designated splicing chamber. Verizon wil provide
space and racking for the placement of an approved
secured fire retardant splice enclosure.
1.3.7.6 Access Points and Restrictions. Points of interconnection
and demarcation between Bandwidth's facilties and
Verizon's facilities wil be designated by Verizon. This
point(s) wil be a direct connection(s) to Bandwidth's
network. Verizon shall have the right to require Bandwidth
to terminate Collocation facilities onto a Point of Termination
(POT) Bay. Bandwidth must tag all entrance facilities to
indicate ownership. Bandwidth wil not be allowed access
to Verizon's DSX line-ups, MDF or any other Verizon facility
termination points. Only Verizon employees, agents or
contractors will be allowed access to the MDF, DSX, or fiber
distribution panel to terminate facilities, test connectivity, run
jumpers and/or hot patch in-service circuits.
1.3.7.7 Staging Area. For caged and cageless Collocation
arrangements, Bandwidth shall have the right to use a
designated staging area, a portion of the Verizon premise
and loading areas, if available, on a temporary basis during
Bandwidth's equipment installation work in the Collocation
space. Bandwidth is responsible for protecting Verizon's
equipment Verizon premise walls and flooring within the
staging area and along the staging route. Bandwidth wil
meet all Verizon fire, safety, security and environmental
requirements. The temporary staging area wil be vacated
and delivered to Verizon in an acceptable condition upon
completion of the installation work. Bandwidth may also
utilze a staging trailer, which can be located on the exterior
premises of Verizon premise. Verizon may assess
Bandwidth a market value lease rate for the area occupied
by the trailer.
1.3.7.8 Testing. Upon installation of Bandwidth's equipment, and
with prior notice, Verizon and Bandwidth wil mutually agree
to schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality between
Bandwidth's equipment and the connections to Verizon
Bandwidth 10 Camp v3.1 143
equipment. The time period for this to occur wil correspond
to Verizon's maintenance window installation requirements.
It is solely the responsibility of Bandwidth to provide their
own monitor and test points, if required, for connection
directly to its terminal equipment. If Bandwidth cannot
attend the scheduled turn-up phase meeting for any reason,
Bandwidth must provide Verizon with seventy-two (72)
hours advanced written notice prior to the scheduled
meeting. If Bandwidth fails to attend the scheduled meeting
without the advanced written notification, Verizon reserves
the right to charge Bandwidth additional labor rates set forth
in the Pricing Attachment for subsequent turn-up meetings
with Bandwidth which are required to complete the turn-up
phase of the Collocation arrangement.
1.3.7.9 Interconnection Between Collocated Spaces. Dedicated
Transit Service (DTS), which allows for interconnection
between Bandwidth and another CLEC, provides a
dedicated electrical or optical path between Collocation
arrangements (caged, cageless, and virtual) of the same or
of two different CLECs within the same Verizon premises,
using Verizon provided distribution facilties. DTS is
available for DSO, DS1, DS3, and dark fiber cross connects.
In addition, Verizon wil also provide other technically
feasible cross-connection arrangements, including lit fiber,
on an Individual Case Basis (ICB) as requested by
Bandwidth and agreed to by Verizon. Verizon wil offer DTS
to Bandwidth as long as such access is technically feasible.
DTS is only available when both Colloction arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Verizon premises, provided that the collocted
equipment is used for interconnection with Verizon and/or for
access to the Verizon's unbundled network elements. Verizon
shall provide such DTS connections from Bandwidth's
Collocation arrangement to another Colloction arrngement of
Bandwidth within the same Verion premises. or to a
Collocation arrangement of another CLEC in the same Verizon
premises. DTS is provided at the same transmission level frm
Bandwidth to another CLEC.
The DTS arrngement requires Bandwidth to provide cable
assignment information for itself as well as for the other CLEC.
Verizon wil not make cable assignments for DTS. Bandwidth
is responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, Bandwidth must
submit an Accss Service Request (ASR) and a letter of
agency from the CLEC it is connecting to that authorizes the
DTS connection and facility assignment. DTS is provided on a
negotiated interval with Bandwidth.
1.3.7.10 Optical Facility Terminations. If Bandwidth requests access
to unbundled dark fiber interoffice facilities, Bandwidth may
apply for a fiber optic patchcord connection(s) between
Verizon's fiber distribution panel (FDP) and Bandwidth's
Bandwidth 10 Camp v3.1 144
1.3.8
Bandwidth 10 Camp v3.1
collocated transmission equipment and facilties. The fiber
optic patchcord cross connect is limited in use solely in
conjunction with access to unbundled dark fiber and
Dedicated Transit Service.
1.3.7.11 Non-Compliant Installations and Operations. If at any time
Verizon reasonably determines that either Bandwidth's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment,
Bandwidth wil be responsible for the costs associated with
the removal of equipment or modification of the equipment
or engineering and installation to render it compliant. If
Bandwidth fails to correct any non-compliance with these
standards within thirty (30) days' written notice to
Bandwidth, Verizon may have the equipment removed or
the condition corrected at Bandwidth expense. If, during the
installation phase, Verizon reasonably determines that any
Bandwidth designated equipment is unsafe, non-standard
or in violation of any applicable fire, environmental, security,
or other laws or regulations, Verizon has the right to
immediately stop the work until the problem is corrected to
Verizon's satisfaction. However, when any of the above
conditions poses an immediate threat to the safety of
Verizon employees, interferes with the performance of
Verizon's service obligations, or poses an immediate threat
to the physical integrity of the overhead superstructure or
any other facilities of Verizon, Verizon may perform such
work and/or take such action that Verizon deems necessary
without prior notice to Bandwidth. The reasonable cost of
said work and/or actions shall be borne by Bandwidth.
Verizon reserves the right to remove products, facilties and
equipment from its list of approved products upon ninety
(90) days' notice to Bandwidth if such products, facilties
and equipment are determined to be no longer compliant
with NEBS safety standards. If Bandwidth equipment poses
an immediate safety threat, Bandwidth shall remove the
equipment immediately.
Access to Collocation Space. Verizon wil permit Bandwidth's
employees, agents, and contractors approved by Verizon to have
direct access to Bandwidth's caged and cage less Collocation
equipment twenty-four (24) hours a day, seven (7) days a week and
reasonable access to Verizon's restroom and parking facilties.
Bandwidth's employees, agents, or contractors must comply with the
policies and practices of Verizon pertaining to fire, safety, and security.
Verizon reserves the right, with twenty-four (24) hours prior notice to
Bandwidth, to access Bandwidth's collocated partitioned space to
perform periodic inspections to ensure compliance with Verizon
installation, safety and security practices. Where Bandwidth shares a
common entrance to the Verizon premise with Verizon, the reasonable
use of shared building facilities, e.g., elevators, unrestricted corridors,
etc., wil be permitted. However, Verizon reserves the right to
permanently remove and/or deny access from Verizon premises, any
Bandwidth employee, agent, or contractor who violates Verizon's
policies, work rules, or business conduct standards, or otherwise
poses a security risk to Verizon.
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1.3.9 Network Outage, Damage and Reporting. Bandwidth shall be
responsible for: (a) any damage or network outage occurring as a
result of Bandwidth owned or Bandwidth designated termination
equipment in Verizon premise; (b) providing trouble report status when
requested; (c) providing a contact number that is readily accessible
twenty-four (24) hours a day, seven (7) days a week; (d) notifying
Verizon of significant outages which could impact or degrade Verizon's
switches and services and provide estimated clearing time for restoral;
and (e) testing its equipment to identify and clear a trouble report when
the trouble has been sectionalized (isolated) to Bandwidth service.
Verizon wil make every effort to contact Bandwidth in the event
Bandwidth equipment disrupts the network. If Verizon is unable to
make contact with Bandwidth, Verizon shall temporarily disconnect
Bandwidth's service, as provided in Section 1.3.11.
1.3.10
Bandwidth 10 Camp v3.1
Security Requirements.
1.3.10.1 Security Measures. Bandwidth agrees that its
employees/vendors with access to Verizon premise shall at
all times adhere to the rules of conduct established by
Verizon for the Verizon premises and Verizon's personnel
and vendors. Verizon reserves the right to make changes
to such procedures and rules to preserve the integrity and
operation of Verizon's network or facilties or to comply with
applicable laws and regulations. Verizon wil provide
Bandwidth with written notice of such changes. Where
applicable, Verizon wil provide information to Bandwidth on
the specific type of security training required so Bandwidth's
employees can complete such training.
Bandwidth wil maintain with Verizon a list of all Bandwidth
employees who are currently authorized by Bandwidth to
access its caged and cageless Collocation space and will
include social security numbers of all such individuals.
Bandwidth wil also maintain with Verizon a list of its
collocated-approved vendors and their social security
numbers who request access to caged and cage less
Collocation space. Only those individuals approved by
Verizon wil be allowed access to Verizon premises and
caged and cageless Collocation space. Where required by
agencies of federal, state, or local government, only
individuals that are U.S. citizens wil be granted access. All
Bandwidth personnel must obtain and prominently display a
valid non-employee Verizon identification card. Former
employees of Verizon wil be given access to Verizon
premises by Bandwidth in accordance with the Verizon's
normal security procedures applicable to any Vendor(s) or
Contractor(s) on Verizon's premises. Verizon reserves the
right to revoke any identification badge and/or access card
of any Bandwidth employee or agent found in violations of
the terms and conditions set forth herein.
Bandwidth must follow Verizon's security guidelines, which
are published on Verizon's web site. Verizon may suspend
a Bandwidth employee or agent from Verizon's premises if
his/her actions materially affect the safety and/or integrity of
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Bandwidth 10 Camp v3.1
Verizon's network or the safety of Verizon or other
Bandwidth employees/agents. Unless Bandwidth employee
or agent poses an immediate threat to Verizon or other
CLECs, Verizon wil provide Bandwidth with a written
explanation of violations committed by the Bandwidth
employee or agent four (4) Business Days prior to
suspending Bandwidth employee or agent from Verizon
premises. Bandwidth will have two (2) Business Days to
respond to Verizon's notification. Any such employee or
agent may later be allowed readmission to Verizon
premises on mutually agreeable terms. Nothing in this
section, however, restricts Verizon's authority to bar the
Bandwidth employee or agent from Verizon premises for
violating Verizon's security guidelines.
1.3.10.2 Security Standards. Verizon wil be solely responsible for
determining the appropriate level of security in each Verizon
premise. Verizon reserves the right to deny access to
Verizon buildings and/or outside facility structures for any
Bandwidth employee, agent or contractor who cannot meet
Verizon's established security standards. Employees,
agents or contractors of Bandwidth are required to meet the
same security requirements and adhere to the same work
rules that Verizon's employees and contractors are required
to follow. Verizon also reserves the right to deny access to
Verizon buildings and/or outside facilty structures for
Bandwidth's employee, agent and contractor for falsification
of records, violation of fire, safety or security practices and
policies or other just cause. Bandwidth employees, agents
or contractors who meet Verizon's established security
standards wil be provided access to Bandwidth's caged
and cageless Collocation equipment 24 hours a day, seven
days a week and reasonable access to Verizon's restroom
facilities. If Bandwidth employees, agents or contractors
request and are granted access to other areas of Verizon's
premises, a Verizon employee, agent or contractor may
accompany and observe Bandwidth employee(s), agent(s)
or contractor(s) at no cost to Bandwidth. Verizon may use
reasonable security measures to protect its equipment,
including, for example, enclosing its equipment in its own
cage or other separation, utilzing monitored card reader
systems, digital security cameras, badges with
computerized tracking systems, identification swipe cards,
keyed access and/or logs, as deemed appropriate by
Verizon.
Verizon may require Bandwidth employees and contractors
to use a central or separate entrance to Verizon'spremises,
provided, however, that where Verizon requires that
Bandwidth employees or contractors access collocated
equipment only through a separate entrance, employees
and contractors of Verizon's affliates and subsidiaries wil
be subject to the same restriction.
Verizon may construct or require the construction of a
separate entrance to access caged and cage less
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1.3.11
Bandwidth 10 Comp v3.1
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent's or
any of its affiliates' or subsidiaries competitive concerns,
warrant such separation; (iii) Construction of a separate
entrance wil not artificially delay Collocation provisioning;
and (iv) Construction of a separate entrance wil not
materially increase Bandwidth's Collocation costs.
1.3.10.3 Access Cards/Identification. Access cards or keys wil be
provided to no more than a reasonable number of
individuals for Bandwidth for each Verizon premise for the
purpose of installation, maintenance and repair of
Bandwidth's caged and cageless Collocation equipment.
All Bandwidth employees, agents and contractors
requesting access to the Verizon premise are required to
have a photo identification card, which identifies the person
by name and the name of Bandwidth. The ID must be worn
on the individual's exterior clothing while on or at Verizon
premises. Verizon wil provide Bandwidth with instructions
and necessary access cards or keys to obtain access to
Verizon premises. Bandwidth is required to immediately
notify Verizon by the most expeditious means, when any
Bandwidth's employee, agent or contractor with access
privileges to Verizon premises is no longer in its employ, or
when keys, access cards or other means of obtaining
access to Verizon premises are lost, stolen or not returned
by an employee, agent or contractor no longer in its employ.
Bandwidth is responsible for the immediate retrieval and
return to Verizon of all keys, access cards or other means of
obtaining access to Verizon premises upon termination of
employment of Bandwidth's employee and/or termination of
service. Bandwidth shall be responsible for the
replacement cost of keys, access cards or other means of
obtaining access when lost, stolen or failure of Bandwidth or
Bandwidth's employee, agent or contractor to return to
Verizon.
Emergency Access. Bandwidth is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week.
Bandwidth will provide access to its Collocation space at all times to
allow Verizon to react to emergencies, to maintain the building
operating systems (where applicable and necessary) and to ensure
compliance with OSHAlerizon regulations and standards related to
fire, safety, health and environment safeguards. Verizon wil attempt
to notify Bandwidth in advance of any such emergency access. If
advance notification is not possible Verizon wil provide notification of
any such entry to Bandwidth as soon as possible following the entry,
indicating the reasons for the entry and any actions taken which might
impact Bandwidth's facilities or equipment and its abilty to provide
service. Verizon wil restrict access to Bandwidth's Collocation space
to persons necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection service shall be in
accordance with Part 64, Subpart D, Paragraph 64.401, of the FCC's
Rules and Regulations, which specifies the priority for such activities.
148
Verizon reserves the right, without prior notice, to access Bandwidth's
Collocation space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm imposed by
Bandwidth or Bandwidth's equipment upon the operation of Verizon's
or another CLEC's equipment, facilities and/or employees located
outside Bandwidth's Collocation space. Verizon wil notify Bandwidth
as soon as possible when such an event has occurred. In case of a
Verizon work stoppage, Bandwidth's employees, contractors or agents
wil comply with the emergency operation procedures established by
Verizon. Such emergency procedures should not directly affect
Bandwidth's access to its premises, or ability to provide service.
Bandwidth wil notify Verizon point of contact of any work stoppages
by Bandwidth employees.
1.4 Space Requirements.
1.4.1
1.4.2
Bandwidth 10 Camp v3.1
Space Availability. If Verizon is unable to accommodate caged and
cage less Collocation requests at a Verizon premise due to space
limitations or other technical reasons, Verizon will post a list of all such
sites on its website and wil update the list within ten (10) calendar
days of the date at which a Verizon premise runs out of caged and
cageless Collocation space. This information wil be listed at the
following public Internet URL: http://ww.verizon.com/regulatory.
Where Verizon has denied caged and cageless Collocation requests
at a Verizon premise due to space limitations or other technical
reasons, Verizon shall: (a) submit to the state commission, subject to
any protective order as the state may deem necessary, detailed floor
plans or diagrams of the Verizon premise which show what space, if
any, Verizon or any of its affiliates has reserved for future use; and
describe in detail, the specific future uses for which the space has
been reserved and the length of time for each reservation; and (b)
allow Bandwidth to tour the entire premises of the Verizon premise,
without charge, within ten (10) calendar days of the tour request.
Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space wil be increments of 100 square feet unless
mutually agreed to otherwise by Verizon and Bandwidth. The
minimum amount of floor space available to Bandwidth at the time of
the initial application wil be twenty-five (25) square feet of caged
Collocation space or one (1) single bay in the case of cageless
Collocation. The maximum amount of space available in a specific
Verizon premise to Bandwidth will be limited to the amount of existing
suitable space which is technically feasible to support the Collocation
arrangement requested. Existing suitable space is defined as
available space in a Verizon premise that does not require the addition
of AC/DC power, heat and air conditioning, battery and/or generator
back-up power and other requirements necessary for provisioning
Collocation services. Additional space to provide for caged, cage less
and/or adjacent Collocation wil be provided on a per request basis,
where available. Additional space can be requested by Bandwidth by
completing and submitting a new application form and the applicable
non-refundable engineering fee set forth in the Pricing Attachment.
Verizon wil not be required to lease additional space when available
space has been exhausted.
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1.4.3 Use of Space. Verizon and Bandwidth wil work cooperatively to
determine proper space requirements, and efficient use of space. In
addition to other applicable requirements set forth in this Agreement,
Bandwidth shall install all its equipment within its designated area in
contiguous line-ups in order to optimize the utilization of space within
Verizon's premises. Bandwidth shall use the Collocation space solely
for the purposes of installng, maintaining and operating Bandwidth's
equipment to interconnect for the exchange of traffic with Verizon
and/or for purposes of accessing UNEs. Bandwidth shall not construct
improvements or make alterations or repairs to the Collocation space
without the prior written approval of Verizon. The Collocation space
may not be used for administrative purposes and may not be used as
Bandwidth's employee(s) work location, office or retail space, or
storage. The Collocation space shall not be used as Bandwidth's
mailing or shipping address.
1.4.4 Reservation of Space. Verizon reserves the right to manage its
Verizon premise conduit requirements and to reserve vacant space for
planned facilty. Verizon wil retain and reserve a limited amount of
vacant floor space within its Verizon premises for its own specific
future uses on terms no more favorable than applicable to other
CLECs seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Verizon premise is
reserved for Verizon's own specific future use, the Verizon premise wil
be exempt from future caged and cageless Collocation requests.
Bandwidth shall not be permitted to reserve Verizon premise cable
space or conduit system. If new conduit is required, Verizon wil
negotiate with Bandwidth to determine an alternative arrangement for
the specific location. Bandwidth will be allowed to reserve Collocation
space for its caged/cage less arrangements based on Bandwidths
documented forecast provided Verizon and subject to space
availabilty. Such forecast must demonstrate a legitimate need to
reserve the space for use on terms no more favorable than applicable
to Verizon seeking to reserve vacant space for its own specific use.
Cageless Collocation bays may not be used solely for the purpose of
storing Bandwidth equipment.
1.4.5 Collocation Space Report. Upon request by Bandwidth and upon
Bandwidth signing a Collocation nondisclosure agreement, Verizon wil
make available a Collocation space report with the following
information for the Verizon premise requested:
1.4.5.1 Detailed description and amount of caged and cage less
Collocation space available;
1.4.5.2 Number of telecommunications carriers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Verizon premise in order to
determine Collocation space availabilty for the Verizon premise. The
Bandwidth 10 Camp v3.1 150
Collocation space report wil be provided to Bandwidth within ten (10)
calendar days of the request provided the request is submitted during
the ordinary course of business. A Collocation space report fee
contained in the Pricing Attachment wil be assessed per request and
per Verizon premise.
1.4.6 Reclamation. When initiating an application form, Bandwidth must
have started installing equipment approved for Collocation at Verizon
premise within a reasonable period of time, not to exceed sixty (60)
calendar days from the date Bandwidth accepts the Collocation
arrangement. If Bandwidth does not utilize its Collocation space within
the established time period, and has not met the space reservation
requirements of Section 1.4.4 to the extent applicable, Verizon may
reclaim the unused Collocation space to accommodate another
CLEC's request or Verizon's future space requirements. Verizon shall
have the right, for good cause shown, and upon sixty (60) calendar
days' notice, to reclaim any Collocation space, cable space or conduit
space in order to fulfill its obligation under public service law and its
Tariffs to provide telecommunication services to its Customers. In
such cases, Verizon will reimburse Bandwidth for reasonable direct
costs and expenses in connection with such reclamation. Verizon will
make every reasonable effort to find other alternatives before
attempting to reclaim any such space. Bandwidth may seek
Commission relief from reclamation within ten (10) Business Days of
being notified.
1.5 Pricing.
1.5.1
1.5.2
1.5.3
Bandwidth 10 Camp v3.1
Rate Sheet. The rates for Verizon's Collocation services provided
pursuant to this Agreement are set forth in the Pricing Attachment only
to the extent that there are no corresponding rates in an applicable
Verizon Collocation Tariff that has been filed with the Commission and
become effective. If there is a Verizon Collocation Tariff that has been
filed with the Commission and become effective, the rates in such
Tariff shall apply and the rates set forth in the Pricing Attachment shall
not apply.
Subsequent to the execution of this Agreement, Verizon also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shall supersede and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as otherwise required by legal
requirements.
Biling and Payment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges wil be biled to
Bandwidth when Verizon provides Bandwidth access to the caged,
cageless or adjacent Collocation arrangement or completes
installation of the virtual Collocation arrangement and shall be payable
in accordance with applicable established payment deadlines.
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1.6 Liabilty and Indemnification.
In addition to their other respective indemnification and liabilty obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1 No liability shall attach to Verizon for damages arising from errors,
mistakes, omissions, interruptions, or delays of Verizon, its agents,
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terminating, or changing the service or facilties
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilities) in
the absence of gross negligence or wilful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by Bandwidth or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Verizon's liability, if any, shall not exceed an amount equal
to the proportionate charge for the service by Verizon for the service
for the period during which service was affected.
1.6.2 Verizon shall not be liable for any act or omission of any other party
furnishing a portion of service used in connection with the services
herein.
1.6.3 Verizon is not liable for damages to Bandwidth premises resulting from
the furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Verizon's gross negligence or wilful misconduct.
1.6.4 Verizon shall be indemnified, defended and held harmless by
Bandwidth and/or its end user against any claim, loss or damage
arising from the use of services offered under this Attachment,
involving:
1.6.4.1 All claims, including but not limited to injuries to persons or
property from voltages or currents, arising out of any act or
omission of Bandwidth or its end user in connection with
facilties provided by Verizon, Bandwidth, or the end user; or
1.6.4.2 Verizon shall not be liable to Bandwidth or its customers in
connection with the provision or use of the services
provided under this Attachment for indirect, incidental,
consequential, reliance or special damages, including
(without limitation) damages for lost profits, regardless of
the form of action, whether in contract, indemnity, warranty,
strict liabilty, or tort, including (without limitation) negligence
of any kind, even if Verizon has been advised of the
possibilty of such loss or damage.
1.6.5 Verizon does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Verizon shall be
indemnified, defended and held harmless by Bandwidth from any and
Bandwidth 10 Camp v3.1 152
1.6.6
1.6.7
1.6.8
1.6.9
1.6.10
Bandwidth 10 Camp v3.1
all claims by any person relating to Bandwidth's use of services so
provided.
No license under patents (other than the limited license to use) is
granted by Verizon or shall be implied or arise by estoppel, with
respect to any service offered under this Attachment.
Verizon's failure to provide or maintain services under this Attachment
shall be excused by labor diffculties, governmental orders, civil
commotions, criminal actions taken against Verizon, acts of God and
other circumstances beyond Verizon's reasonable control.
Verizon shall not be liable for any act or omission of any other entity
furnishing to Bandwidth facilities, equipment, or services used in
conjunction with the services provided under this Attachment. Nor
shall Verizon be liable for any damages or losses due to unauthorized
use of the services or the failure or negligence of Bandwidth or
Bandwidth end user, or due to the failure of equipment, facilties, or
services provided by Bandwidth or its end user.
Neither party shall be liable to the other or to any third part for any
physical damage to each other's facilities or equipment within the
central office, unless caused by the gross negligence or wilful
misconduct of the party's agents or employees.
Bandwidth shall indemnify, defend and save harmless Verizon from
and against any and all losses, claims, demands, causes of action and
costs, including attorney's fees, whether suffered, made, instituted or
asserted by Bandwidth or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for
employees' disability and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of Bandwidth's equipment or facilties or by
their proximity to the equipment or facilties or all parties occupying
space within or on the exterior of Verizon's central offce(s), or by any
act or omission of Verizon, its employees, agents, former or striking
employees, or contractors, in connection therewith, unless caused by
gross negligence or wilful misconduct on the part of Verizon. These
provisions shall survive the termination, cancellation, modification or
rescission of the Agreement for at least 18 months from the date of the
termination.
Verizon shall indemnify, defend and save harmless Bandwidth from
and against any and all losses, claims, demands, causes of action and
costs, including attorneys' fees, whether suffered, made, instituted or
asserted by Verizon or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for employees'
disabilty and death benefits, which may arise out of or be caused by
Verizon's provision of service within or on the exterior of the central
offce of by an act or omission of Bandwidth, its employees, agents,
former or striking employees, or contractors, in connection therewith,
unless caused by gross negligence or wilful misconduct on the part of
Bandwidth.
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1.6.11 Bandwidth shall indemnify, defend and save harmless Verizon from
and against any and all losses, claims, demands, causes of action,
damages and costs, including but not limited to attorney's fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or property owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central office by Bandwidth, and/or acts by Bandwidth, its employees,
agents or contractors.
1.6.12 Bandwidth shall indemnify, defend, and hold harmless Verizon, its
directors, officers and employees, servants, agents, affiliates and
parent, from and against any and all claims, cost, expense or liabilty
of any kind, including but not limited to reasonable attorney's fees,
arising out of or relating to Bandwidth installation and operation of its
facilities or equipment within the multiplexing node, roof space and
transmitter space.
1.6.13 Bandwidth represents, warrants and covenants that it shall comply
with all applicable federal, state or local law, ordinance, rule or
regulations, including but not limited to, any applicable environmental,
fire, OSHA or zoning laws. Bandwidth shall indemnify, defend, and
hold harmless Verizon, its directors, officers and employees, servants,
agents, affiliates and parent, from and against any and all claims, cost,
expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Bandwidth, its
directors, officers, employees, servants, agents, affilates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
1.6.14 Verizon represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central office, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Verizon shall indemnify,
defend, and hold harmless Bandwidth, its directors, officers,
employees, agents or contractors, from and against any and all claims,
cost, expense or liabilty of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Verizon, its
directors, officers and employees, servants, agents, affiliates and
parent.
1.6.15 Verizon and Bandwidth shall each be responsible for all persons under
their control or aegis working in compliance herewith, satisfactorily,
and in harmony with all others working in or on the exterior of the
central office and, as appropriate, cable space.
1.7 Casualty.
1.7.1 If the Collocation equipment location or any part thereof is damaged
by fire or other casualty, Bandwidth shall give immediate notice thereof
to Verizon. The terms and. conditions of this Attachment shall remain
in full force and effect with the following modifications:
1.7.1.1 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty caused by Verizon, the damages thereto
Bandwidth 10 Camp v3.1 154
shall be repaired by and at the expense of Verizon. Non-
recurring and monthly recurring charges, until such repair is
substantially completed, shall be apportioned from the day
following the casualty according to the part of the
Collocation equipment location which is usable. Verizon
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Verizon elects to restore the Collocation equipment
location, Verizon shall inform Bandwidth of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to Bandwidth as soon as possible. Verizon shall make
repairs and restorations with all reasonable expedition
subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Verizon's reasonable
control.
1.7.1.2 If the Collocation equipment location or any part thereof is
totally damaged or rendered wholly unusable by fire or other
casualty caused by Verizon, then applicable non-recurring
and monthly recurring charges shall be proportionately paid
up to the time of the casualty and thenceforth shall cease
until the date when the Collocation equipment location shall
have been repaired and restored by Verizon. Verizon
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Verizon elects to restore the Collocation equipment
location, Verizon shall inform Bandwidth of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to Bandwidth as soon as possible. Verizon shall make
repairs and restorations with all reasonable expedition
subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Verizon's reasonable
control.
1.7.1.3 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty through no fault of Verizon or Bandwidth,
then the applicable non-recurring and monthly recurring
charges shall be proportionately paid up to the time of the
casualty and thenceforth shall cease until the date when the
Collocation equipment location shall have been repaired
and restored. Any repair or restoration work undertaken by
Bandwidth in its Collocation arrangement must be done by
a Verizon-approved contractor and must be approved in
advance by Verizon. Verizon reserves the right to
discontinue Bandwidth's Collocation equipment location or
any part thereof under the conditions specified in 1.8.2.
1.7.1.4 If the Collocation equipment location or any part thereof is
totally damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
casualty caused by Bandwidth, the liabilty and
indemnification provisions of this Attachment shall apply
Bandwidth 10 Camp v3.1 155
and Verizon may terminate Bandwidth Collocation
arrangement immediately.
1.7.2 If the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of Bandwidth, or (whether or not the
demised premises are damaged in whole or in part) if the building shall
be so damaged that Verizon shall decide to demolish it or to rebuild it,
then, in any of such events, Verizon may elect to discontinue
Bandwidth Collocation equipment location or any part thereof. In this
event, Verizon wil provide Bandwidth with written notification within
ninety (90) days after such fire or casualty specifying a date for
discontinuance. The date of discontinuance shall not be more than
sixty (60) days after the issuance of such notice to Bandwidth.
Bandwidth must vacate the premises by the date specified in the
notice. Verizon's rights against Bandwidth under this Attachment prior
to such discontinuance and any applicable non-recurring and monthly
recurring charges owing shall be paid up to the date of discontinuance.
Any payments of monthly recurring charges made by Bandwidth,
which were on account of any period subsequent to such date shall be
returned to Bandwidth.
1.7.3 After any such casualty and upon request by Verizon, Bandwidth shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of Bandwidth
salvageable inventory and movable equipment, furniture and other
property.
1.7.4 In the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, Bandwidth liabilty for applicable non-recurring and
monthly recurring charges shall resume either upon occupancy by
Bandwidth or thirty (30) days after written notice from Verizon that the
Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
1.7.5 Nothing contained in these provisions shall relieve Bandwidth from
liabilty that may exist as a result of damage from fire or other casualty.
1.7.6 Each party shall look first to any insurance in its favor before making
any claim against the other party for recovery for loss or damage
resulting from fire or other casualty, and to the extent that such
insurance is in full force and collectible and to the extent permitted by
law, Verizon and Bandwidth each wil release and waive all right of
recovery against the other or anyone claiming through or under each
of them by way of subrogation or otherwise. The release and waiver
shall be in force only if both releasers' insurance policies contain a
clause providing that such release or waiver shall not invalidate the
insurance and also, provided that such a policy can be obtained
without additional premiums.
1.7.7 Verizon will not carry insurance on the Bandwidth furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by Bandwidth and therefore wil not be
obligated to repair any damage thereto or be obligated to replace the
same.
1.8 Implementation and Termination of Service.
Bandwidth 10 Camp v3.1 156
1.8.1 Implementation of Collocation Charges. Verizon shall provide
Bandwidth with a notice ("Scheduled Completion Notice") indicating
the scheduled completion date ("Scheduled Completion Date") for the
Collocation arrangement. Verizon shall also provide a notice that wil
remind Bandwidth of the Scheduled Completion Date and wil request
Bandwidth to schedule and attend a "Collocation Acceptance Meeting"
("CAM"). Collocation charges will be implemented in accordance with
this section regardless of the readiness of Bandwidth to utilze the
completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurring Charges. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. Bandwidth shall pay the
balance of the NRCs ("NRC Balance") upon Bandwidth
acceptance of the Collocation arrangement or thirty (30)
calendar days after the Collocation arrangement is
completed, whichever comes first.
Bandwidth 10 Camp v3.1
1.8.1.2 Commencement of Recurring Charges. Monthly recurring
charges wil commence upon CLEC acceptance of the
Collocation arrangement or thirty (30) calendar days after
the Collocation arrangement is completed, whichever
comes first ("Commencement Date"), and shall continue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Request. A CLEC may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangement for up to six (6) months. A CLEC electing to
extend the Scheduled Completion Date of a Collocation
arrangement must notify Verizon in writing ("Extension
Notice") within thirty (30) calendar dáYs after receiving the
Scheduled Completion Notice. In order for Verizon to delay
billng of monthly recurring charges for the applicable
Collocation arrangement, Bandwidth must remit the NRC
Balance to Verizon for the Collocation arrangement with the
Extension Notice. Monthly recurring charges wil not be
biled by Verizon until the space for the Collocation
arrangement is accepted by Bandwidth or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if Bandwidth
terminates its Collocation arrangement, the termination shall
be governed by Section 1.8.4.
If Verizon ascertains the space for the Collocation
arrangement is needed to satisfy another CLEC's
Collocation request prior to the end of the six (6) month
extension period, Verizon will notify Bandwidth that its
Collocation space has been requested by another CLEC.
Bandwidth wil have up to five (5) Business Days after the
notification to retain the Collocation space by notifying
Verizon in writing that it desires to keep the space
("Retention Notice"). If Bandwidth retains the Collocation
space, monthly recurring charges shall commence for
Bandwidth thirty (30) calendar days after Bandwidth sends
the Retention Notice or when Bandwidth accepts the space,
whichever comes first.
157
1.8.2 Grounds for Termination by Verizon. Failure by Bandwidth to comply
with the terms and conditions of this Attachment, including
nonpayment of rates and charges, may result in termination of
Collocation service. In addition to the other grounds for termination of
Collocation services set forth herein, Verizon reserves the right to
terminate such services upon thirt (30) calendar days notice in the
event Bandwidth: (a) is not in conformance with provisions of this
Attachment or other Company standards and requirements; and/or (b)
imposes continued disruption and threat of harm to Company
employees and/or network, or Verizon's abilty to provide service to
other CLECs.
Verizon also reserves the right to terminate such services, without prior
notice, in the event Bandwidth's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Verizon's equipment and facilties or to Company
employees located outside Bandwidth's Collocation space.
Verizon reserves the right to inspect Bandwidth's Collocation
arrangement to determine if sufficient DC Power and/or facilty
terminations are being used to maintain interconnection and/or access
to unbundled network elements. If Verizon determines that the
Collocation arrangement is not being used for interconnection and/or
access to unbundled network elements (from, for example, insuffcient
DC Power and/or facilty terminations), Verizon reserves the right to
terminate Bandwidth's Collocation service upon thirty (30) calendar
days notice.
If Verizon elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
1.8.3 Termination by CLEC. Bandwidth must notify Verizon in writing of its
plans to terminate a Collocation arrangement ("CLEC Termination
Notice"), and such Bandwidth termination shall be governed by this
Section.
1.8.3.1 Termination After Completion. If Bandwidth elects to
terminate an existing Collocation arrangement after a
Colloction arrangement has ben completed, the
termination will be effective thirt (30) calendar days after
Verizon's receipt of Bandwidth Termination Notice. If CLEC
terminates a Collocation arrangement under this section,
the termination shall be governed by Section 1.8.4 and
Bandwidth remains responsible to pay any unpaid NRCs
associated with the terminated arrangement as set forth in
Section 1.8.1. If the Collocation arrangement being
terminated contains equipment in which a third party
maintains an ownership or a security interest, Bandwidth
shall include a list of any such owners and secured parties
in Bandwidth Termination Notice.
1.8.3.2 Termination Prior to Completion. If Bandwidth elects to
terminate a request for Collocation when construction is in
progress and prior to completion of the Collocation
arrangement, the termination wil be effective upon
Verizon's receipt of Bandwidth Termination Notice. For all
non-recurring charges associated with providing the
Bandwidth 10 Camp v3.1 158
Collocation arrangement, Bandwidth wil be biled and is
responsible for payment of non-recurring charges in
accordance with the following (for the purposes of this
section, the number of "Days" refers to Business Days
measured from Verizon's receipt of a complete application
from Bandwidth):
1.8.3.2.1 Effective date of Bandwidth termination on or
between Days 1 to 15, Bandwidth owes 20% of
non-recurring charges.
1.8.3.2.2 Effective date of Bandwidth termination on or
between Days 16 to 30, Bandwidth owes 40% of
non-recurring charges.
1.8.3.2.3 Effective date of Bandwidth termination on or
between Days 31 to 45, Bandwidth owes 60% of
non-recurrng charges.
1.8.3.2.4 Effective date of Bandwidth termination on or
between Days 46 to 60, Bandwidth owes 80% of
non-recurrng charges.
1.8.3.2.5 Effective date of Bandwidth termination after
Day 60, Bandwidth owes 100% of non-recurring
charges.
If after applying these percentages to NRCs already paid by
Bandwidth, any refunds are due Bandwidth, such refunds
shall be applied first as a credit to any accounts with
balances owed by Bandwidth to Verizon, with any remaining
refund amount issued to Bandidth. Engineering/major
augment fees submitted with the application wil not be
refunded. Bandwidth Termination Notice must be received
by Verizon prior to the Scheduled Completion Date to avoid
incurrng any monthly recurring charges.
1.8.4 Effects of Termination. IfVerizon or Bandwidth terminates a
Colloction arrangement under the terms and conditions of this
Attachment, the following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges.
Bandwidth shall disconnec and remove its equipment from
the designated Colloction space by the effective date of
the termination. Upon removal by Bandwidth of all its
equipment from the Collocation space, if Bandwidth does
not restore the Collocation space to its original condition at
time of occupancy, Bandwidth wil reimburse Verizon for the
cost to do so. Due to physical and technical constraints,
removal of Bandwidth entrance facilty cable wil be at
Verizon's option. Bandwidth shall reimburse Verizon for all
costs Verizon incurs to decmmission DC Power and
transmission cable terminations previously applied for by
Bandwidth. Verizon reserves the right to remove
Bandwidth's equipment if Bandwidth fails to remove and
dispose of the equipment by the effective date of the
termination. Bandwidth wil be charged the appropriate
Bandwidth 10 Camp v3.1 159
1.8.5
1.8.6
Bandwidth 10 Camp v3.1
additional labor charge in the Pricing Attachment for the
removal and disposal of such equipment. All monthly
recurring charges wil continue to be charged to Bandwidth
until the effective date of the termination or, at Verizon
discretion, until any later date up to the date that all
equipment is removed and the Colloction space is restored
to its original condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. If Verizon or Bandwidth
has terminated a Collocation arrangement pursuant to
Sections 1.8.2 and 1.8.3 and Bandwidth ("original CLEC")
has paid a non-recurring charge(s) for an asset in a
Collocation arrngement, and is succeeded by another
CLEC who uses the same asset ("subsequent CLEC"),
Bandwidth wil receive a refund from Verizon for the
remaining undepreciated amount of the asset upon
occupancy by the subsequent CLEC up to the applicable
non-recurrng charges paid by the subsequent CLEC. If
Verizon uses an asset for which Bandwidth paid a non-
recurrng charge, Verizon wil make a pro rata refund of
such paid non-recurring charges to Bandwidth. For
purpses of calculating prorated refunds to Bandwidth,
Verizon will use the ecnomic life of the asst. Any refunds
issued pursuant to this section shall be applied first as a
credit to any accounts with balances owed by Bandwidth to
Verizon, and any remaining refund amount wil be issued to
Bandwidth. Engineering/major augment fees submitted with
the application and any other paid non-recrrng charges
not associated with the asset wil not be refunded.
Closure. Decommissioning or Sale of Premises. Colloction
arrangements wil automatically terminate if the premise in which the
Collocation space is locted is closed, decommissioned or sold and no
longer houses Verizon's network facilities. At least one hundred eighty
(180) days wrtten notice wil be given to Bandwidth of events which
may lead to the automatic termination of any such arrangement
pursuant to the terms and conditions of this Attachment, except when
extraordinary circumstances require a shorter interval. In such cases,
Verizon wil provide notice to Bandwidth as soon as practicable.
Verizon wil work with Bandwidth to identify alterate Collocation
arrangements. Verizon wil work coperatively with Bandwidth to
minimize any potential for service interrption resulting from such
actions.
Miscellaneous. Verizon retains ownership ofVerizoapremise floor
space, adjacent land and equipment use to provide all forms of
Collocation. Verizon reserves for itself and its succssors and
assignees, the right to utilze the Verizon premises' space in such a
manner as wil best enable it to fulfill Verizon's service requirements.
Bandwidth does not receive, as a result of entering into a Colloction
arrangement hereunder, any right, title or interest in Verizon's premise
facilty, the multiplexing node, multiplexing node enclosure, cable,
cable space, cable racking, vault space or conduit space other than as
expressly provided herein. To the extent that Bandwidth requires use
of a Verizon local exchange line, Bandwidth must order a business
160
local exchange access line (B1). Bandwidth may not use Verizon
offcial lines.
1.9 Virtual Collocation.
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Attachment shall apply to virtual Collocation.
1.9.1 Description. Under virtual Collocation, Verizon installs and maintains
Bandwidth provided equipment, which is dedicated to the exclusive
use of Bandwidth in a Collocation arrangement. Bandwidth provides
fiber-optic facilities through Verizon entrance manholes for connection
to Bandwidth virtually collocated trnsmission equipment that provides
interconnection to Verizon faciliies located in the premises.
The physical point of interface for connection to the virtal arrangement
is referred to as manhole zero. From this manhole into the premises,
Verizon shall assume ownership of and maintain the fiber. From this
manhole toward Bandwidth's location, the fiber optic cable remains
Bandwidth's responsibility, with Bandwidth performing all servicing and
maintaining full ownership. If Bandwidth is purchasing Verizon
provided unbundled interoffce facilities as transport, Bandwidth
entrance fiber is not required. All elements/services shall be connectd
to the output cables of the virtual Colloction arrangement using
Verizon designated cable assignments, not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
If Bandwidth requests virtual Colloction of equipment other than the
standard virtual arrngement, Bandwidth and Verion wil mutually
agree upon the type of equipment to be virtually collocted.
1.9.2 Implementation Intervals and Planning. Verion and Bandwidth shall
work cooperatively to jointly plan the implementation milestones.
Verizon and Bandwidth shall work cooperatively in meeting those
milestones and deliverables as determine during the joint planning
process. A preliminary schedule wil be develope outlining major
milestones including anticipated deliver dates for the Bandwidth-
provided trnsmission equipment and for training.
Verizon wil notify Bandidth of issues or unanticipated delays, as they
become known. Verizon and Bandwidth shall conduct additonal joint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
identification of tests to be performed, spare plug-in/card requirements,
test equipment, and determination of the final implementation
schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly foreast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. Bandwidth shall deliver the virtual
Collocation equipment to Verizon premises by Business Day fort (40).
Verizon and Bandwidth shall work cooperatively to schedule each site
Bandwidth 10 Camp v3.1 161
on a priority-based order. Verizon and Bandwidth shall mutually agree
upon intervals for non-standard arrangements.
1.9.3 Transmission Failure. Bandwidth shall be responsible for monitoring
and reporting signal loss to Verizon. In the event of a transmission
failure, Bandwidth shall be responsible for initial trouble isolation as set
forth in Section 1.9.9, regardless of whether the fiber span is equipped
with optical regeneration equipment.
1.9.4 Accommodations. Upon receipt of a completed application and
associated virtual engineering fee, Verizon wil conduct an application
review, engineering review and site survey at the requested premises.
Verizon wil notify Bandwidth within eight (8) Business Days of the
results of this review and site survey.
The dedicated terminal equipment inside Verizon's premises shall be
provided by Bandwidth and leased to Verizon for the sum of one dollar
after succssful installation and equipment testing by Verizon. The
term of the operating lease wil run for the duration of the virtual
Colloction arrangement, at which time Bandwidth wil remove the
equipment. Bandwidth wil retain ownership of this equipment inside
the premises. Verizon wil operate and maintain exclusive control over
this equipment inside the premises.
Where Verizon uses approved contractors for installation, maintenance
or repair of virtual Colloction arrangements, Bandwidth may hire the
same approved contrctors directly for installation, maintenance or
repair of Bandwidth designated equipment.
Where Verizon does not use contractors, Bandwidth designated
equipment and Bandwidth provided facilties used in the provision of
virtual Collocation wil be installed, maintained and repaired by Verizon.
Verizon wil maintain and repair Bandwidth designated equipment
under the same timeframe and standards as its own equipment.
Bandwidth persnnel are not allowed on Verizon premises to maintain
and repair on virtual Colloction equipment.
Verizon shall monitor lol premises and environmental alarms to
support the equipment. Verizon wil notify Bandwidt if a locl offe
alarm detects an equipment affecng condition.
Verizon wil be responsble to pull the fiber into and through the cable
entrance facility (i.e., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facility are performed by Verzon
personnelor its agents.
No virtual Collocation arrangement wil be placed in service by Verizon
until necessary training has been completed (refer to Section 1.9.11).
1.9.5 Plug-ins and Spare Cards. When a plug-in/card is determined by
Verizon to be defective, Verizon will label the plug-in as defective and
place it in Bandwidth-dedicated plug-in/card storage cabinet.
BandWidth wil be notified as the plug-in/card is replaced.
Verizon wil not provide spare plug-ins/cards under any circumstances,
nor is Verizon responsible for Bandwidth's failure to replace defective
Bandwidth 10 Camp v3.1 162
plug-ins/cards. Verizon shall not be held responsible if Bandwidth
provides an inadequate supply of plug-ins/cards. Verizon wil
segregate and secure Bandwidth-provided maintenance spares in
Bandwidth-provided spare plug-in/card cabinet.
Bandwidth shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, Bandwidth shall
provide Verizon with maintenance spares for each plug-in/card type.
The number of maintenance spares shall be the manufacturer's
recommended amount, unless otherwise mutually agree by Verizon
and Bandwidth, provided however, that in no event shall the numbe of
spare plug-ins/cards be less than two of each type. These spares must
be tested by Bandwidth prior to delivery to Verizon.
In addition to maintenance spares, Bandwidth wil also provide any
unique tools or test equipment required to maintain, turn-up, or repair
the equipment.
Upon receiving notification from Verizon that a plug-in/card has been
replaced, Bandwidth is then responsible to contact the Verizon
operations manager to arrange exchange and replacement of the plug-
in/card. Exchanged, pre-tested spares shall be provided within one
week of replacement of a defective plug-in/card.
Subject to premise space availabilty, Bandwidth shall have the option
of providing a stand-alone spare plug-in/card cabinet(s) or a rack-
mountable spare plug-in/card cabinet(s), to Verizon's specification, to
house the spare plug-ins/cards. The spare.plug-in/card cabinet(s) and
minimum number of maintenance spares must be provided before the
virtual Colloction arrngement is completed and service is
established.
The amount of spare plug-ins/cards required will be based on the
manufacturer's recommended amount, unless otherwise mutually
agreed by Verizon and Bandwidth.
1.9.6 Safety and Technical Standards. Verizon reserves all rights to
terminate, modify or reconfigure the provision of service to Bandwidth
if, in the discretion of Verizon, provision of service to Bandwidth may in
any way interfere with or adversly affec Verizon's netw or its
ability to service other CLECs.
All Bandwidth equipment to be installed in Verizon premises must fully
comply with the GR - 00003 - CORE, GR - 1089 - CORE and
Verizon's premises environmental and transmission standards in effec
at the time of equipment installation:"The equipment must also comply-;
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
Bandwidth 10 Camp v3.1
It is Bandwidth's responsibility to demonstrate and provide to Verizon
adequate documentation from an accredited source certifying
compliance. Bandwidth equipment must conform to the same specific
risk/safety/hazard standards which Verizon imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
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1.9.7
1.9.8
1.9.9
1.9.10
Bandwidth 10 Camp v3.1
Bandwidth equipment is not required to meet the same performance
and reliability standards as Verizon imposes on its own equipment as
defined in RNSA - NEB - 95 - 0003, Revision 10 or higher.
Bandwidth may install equipment that has been deployed by Verizon
for five years or more with a proven safety record.
All Bandwidth's entrance facilties and splices must comply with TR ~
TSY - 00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR -
TAP - 001421 as they relate to fire, safety, health, environmental
safeguards and interference with Verizon's services and facilities.
Such requirements include, but are not limited to the following: (1) The
fibers must be single mode; (2) The fiber optic units must be of loose
tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be
marked according to the cable marking requirements in GR - 20 -
CORE, Section 6.2.1 - 4; (4) The fiber must be identified according to
the fiber and unit identification (color coes) in GR - 20 - CORE,
Section 6.2.5; (5) Unless otherwise mutually agreed, the outer cable
jacket shall consist of a polyethylene resin, carbon black, and suitable
antioxidant system; and (6) Silica fibers shall be fusible with a
commercially available fusion splicer(s) that is commonly used for this
operation.
Control Over Premises-Based Equipment. Verizon exercises
exclusive physical control over the premises-based transmission
equipment that terminates Bandwidth's circuits and provides the
installation, maintenance, and repair services necssary to assure
proper operation of the virtally collocated facilities and equipment.
Such work wil be performed by Verizon under the direcion of
Bandwidth.
Removal of Equipment. Verizon reservs the right to remove facilties
and equipment from its list of approved proucts if such products,
facilties and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 -CORE.
Installation and Trouble Resolution. Verizon wil process and prioritize
the trouble ticket in the same manner it does for its own equipment,
including the dispatch of a technician to the equipment. The
technician wil contact Bandwidth at the number provided and service
the equipment as instrcted and direced by Bandwidth.
Placement. Removal and Monitorinq of Facilities and Equipment.
From manhole zero toward Bandwidth's location the fiber optic cable
remains Bandwidth's responsibilty, with Bandwidth performing all
~ervicing and maintaining full ownership.
Bandwidth has the responsibility to remotely monitor and control their
circuits terminating in Verizon's premises, however, Bandwidth wil not
enter Verizon's premises under virtual Collocation arrangements.
Performance and surveilance monitoring and trouble isolation shall be
provided by Bandwidth. A clear distinction must be made by
Bandwidth when submitting reports of troubles on Verizon
services/elements connected to the virtually collocated equipment and
reports of troubles with the collocated equipment. The former can be
handled using Verizon technicians and standard processes. The latter
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1.9.11
1.9.12
Bandwidth 10 Camp v3.1
will require specially trained technicians familar with the collocated
equipment (refer to Section 1.9.11).
When Bandwidth isolates a trouble and determines that a Verizon
technician should be dispatched to the equipment loction for a
servicing procedure, Bandwidth shall enter a trouble ticket with
Verizon. Bandwidth shall provide standard trouble information,
including the virtual Collocation arrangement's circuit identification,
nature of the activity request, and the name and telephone number of
Bandwidth's technician/contact.
Responses to all equipment servicing nees wil be at Bandwidth's
direction. Maintenance wil not be performed without Bandwidth's
direct instruction and authorization.
If Bandwidth is providing its own transport fiber for the virtual
Collocation arrangement, Bandwidth will arrange placement of the fiber
into manhole zero with enough length (as designated by Verizon) to
reach the virtual Collocation arrangement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by Bandwidth. Verizon technicians wil perform the
instructed activities on the equipment as speifically directed by
BandWidth.
Bandwidth shall provide, own, and operate the terminal equipment at
their site outside Verizon's premises.
Use of Non-Standard Equipment. When Bandwidth requests a virtual
Colloction arrangement consisting of equipment which Verizon does
not use in its network nor has deployed in that partcular premise to
provide service to itself or another CLEC, BandWidth shall be
responsible for training 50%, but no fewer than five, of Verizon
technicians in the administrative work unit responsible for servicing the
equipment. Any special tools or elecronic test sets that Verizon does
not have at the premises involved must be provided by Bandwidth with
adequate manufacturer's training.
Bandwidth is responsible to arrnge and pay all costs (including but not
limited to transporttion and lodging for Verizon technicians) to have
Verizon technicians professionally trained by appropriate trainers
certified on the speific equipment to be used to provide the virtual
Colloction arrngement to Bandwidth. Bandwidth shall also pay for
Verizon technicians' time subject to rates containe in the Pricing
Attachment. When travel is required, travel expenses associated with
training wil be charged to Bandwidth base on ticket stubs and/or'
receipts. This includes paying for mileage according to the IRS rates
for personal car mileage or airfare, as appropriate Bandwidth also has
the option of arranging and paying for all travel expenses for Verizon
technicians directly.
In the event of an equipment upgrade, Bandwidth must provide
secondary training subject to the provisions contained herein.
Additions and Rearrangements. Once Bandwidth has established a
virtual Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
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1.9.13
1.9.14
Bandwidth 10 Camp v3.1
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. If Bandwidth decides to rearrange an
existing virtual Colloction arrangement, Bandwidth must submit a
new application outlining the details of the rearrangement along with a
virtual engineering/major augment fee.
Application of Rates and Charges.
Billng. Verizon wil apply charges (e.g., non-recurrng and recurring
rates for entry fiber, power, etc.) and commence biling for the virtual
Colloction arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control. The
readiness of Bandwidth to utilze the completed virtual Colloction
arrangement wil not impair the right of Verizon to commence billng.
Verizon shall charge Bandwidth for all costs incurred in providing the
virtual Collocation arrangement, including, but not limited to, Verizon's
planning, engineering and installation time and costs incurred by
Verizon for inventory services. Any and all expnses assoiated with
placing Bandwidth's fiber in manhole zero, including license fees, shall
be the responsibilty of Bandwidth.
Virtual Engineeng Fee. Verizon wil require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Verizon location whee Bandwidth requests to
establish virtual Collocation. A virtual engineering/major augment fee
is required to be submitted by Bandwidth with its application. This fee
applies for all new virtual Collocation arrangements as well as
subsequent additions to an existing arrangement, and provides for
application processing, and for Verizon's perforance of an initial site
visit and an engineering evaluation.
If Bandwidth cancels or withdraws its request for a virtual Colloction
arrangement prior to turn-up, Bandwidth will be liable for all costs and
liabilities incurred by Verizon in the developing, estblishing, or
otherwise furnishing the virtual Colloction arrngement up to the point
of cancellation or withdrawaL.
Other Virtual Colloction Rate Elements. The application, descrption,
and rates of Collotion rate elements that are also applicable for
virtual Colloction are described in the Pricing Attachment.
Conversions. Requests for converting virtal Colltion
arrangements to caged or cageless arrngements shall be submitted
and designated as an Augment Application descibe in Secton 1.2.5.
Requests for converting a virtual arrangement to a cageless
arrangement that requires no physical changes to the arrngement wil
be assessed a minor augment fee. All other converion requests for
virtual to caged or cageless wil be assessed an engineering/major
augment Fee and other applicable charges. Verizon wil notify
Bandwidth within ten (10) Business Days following receipt of the
completed Augment Application if Bandwidth conversion request is
accepted or denied. When converting a virtual arrngement to a
caged or cageless arrangement, Bandwidth's equipment may nee to
be relocated. Bandwidth wil be responsible for all costs associated
with the reloction of its equipment as described in Section 1.2.7.
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1.10 Microwave Collocation.
Microwave Colloction is available on a first-come first-sered basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna suppo equipment on the exterior
of the building, and radio transmitterlreceiver equipment locted either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Verizon facilties through the Colloction arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attchment shall apply to microwave Collocation.
1.10.1 Accommodations. Verizon wil provide space within the cable riser,
cable rack support strctures and between the transmitter/reciver
space and the roof space neeed to reach the physical or virtual
Colloction arrangement and to access Verizon's interconnection
point. Waveguide may not be place in Verizon cable rise or racks.
Verizon reserves the right to prohibit the installation of waveguide,
metallc conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required wil be discussed during the pre-constrction
survey.
Verizon will designate the space in, on or above the exterior walls and
roof of the premises, which wil constitute the roof space or
transmitter/receiver space. Verizon may require Bandwidth's
transmitter/reciver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or relay rack mounted. Verizon
may enclose Bandwidth's multiplexing node or transmitter/reciver
equipment in a cage or room.
At the option of Verizon, the antenna support strcture shall be built,
owned and maintained by either Verizon or by Bandwidth. Verizon
reserves the right to use existing suppo strctures for Bandwidth's
antenna, subjec to space and capacity Iimltati6ns. Verizon also
reserves the right to use any unused portn of a support strcture
owned by Bandwidth for any reason, subjec to the provisions set forh
below. It shall be the responsibilty of the owner of the support
structure to maintain a record of the net bok value of the strcture.
When Verizon is the owner of the strcture, it shall keep such recrds
in accrdance with the FCC's Part 32 uniform system of accunts.
When Bandwidth is the owner of the structure, it shall keep such
records in accrdance with generally acpted acounting principles.
The owner of the suppo structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on afirst-eme first-serVed basis."
1.10.2
For those interconnecting via microwave facilities, transmitter/receiver
equipment may be located in Bandwidth's interior Colloction space, or
in a separate location inside or on the exterior of the building as
determined by Verlzon.
Security. Verizon wil permit Bandwidth's employees, agents and
contractors approved by Verizon to have access to the areas where
Bandwidth's microwave antenna and associated equipment (e.g.,
tower and support structure, transmitter/receiver equipment, and
waveguide and/or coaxial cable) is located during normal business
Bandwidth 10 Camp v3.1 167
hours for installation and routine maintenance, provided that
Bandwidth employees, agents and contractors comply with the policies
and practices of Verizon pertaining to fire, safety and security. Such
approval wil not be unreasonably withheld. During non-business
hours, Verizon wil provide access on a per event basis.
Verizon wil also permit all approved employees, agents and contractors of
Bandwidth to have access to Bandwidth's cable and associated equipment (e.g.,
repeaters). This wil include access to riser cable, cableways, and any room or
area necessary for access.
1.10.3 Safety and Technical Standards. Verizon reserves the right to remove
facilities and equipment from its list of approved products if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibility and
electrical safety generic criteria for network telecommunication
equipment specified in GR -1089 - CORE. Verizon wil provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible.
Verizon reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, Bandwidth or if applicable,
Verizon, shall have the complete structure, including guys and
supports, inspected every two years by an accptable license
professional engineer of its choice speializing in this type of
inspeon. For Bandwidth owned structures that are solely for the use
of one CLEC's antenna(s), suCh inspeon wil be at Bandwidth's own
cost and expense. For structures used by multiple CLECs, the cots
associated with such inspeion shall be apportioned base on relative
capacity ratios. A copy of this report may be filed with Verizon within
ten (10) days of the inspecon. The owner shall be responsible to
complete all maintenance and/or repairs, as recommended by the
engineer, within 90 days.
Bandwidth shall provide written notice to Verizon of any complaint (and
resolution of such complaint) by any governmental authorty or others
pertining to the installation, maintenance or operation of Bandwidth's
facilties or equipment loct~din roof space or transmiter/receiv~r
space. Bandwidth also agrees to take all necessary corrctive acion.
All Bandwidth microwave equipment to be installed in or on the exterior
of Verizon premises must be on the Verizon's list of approved products,
or equipment that is demonstrated as complying with the technical
specifications describe herein. Where a difference may exist in the
specifications, the more stringent shall apply.
Bandwidth must comply with Verizon technical specifications for
microwave Collocation interconnection specified in NIP - 74171 and
Verizon's digital switch environmental requirements specified in NIP-
74165, as they relate to fire, safety, health, environmental, and network
Bandwidth 10 Camp v3.1 168
1.10.4
Bandwidth 10 Camp v3.1
safeguards, and ensure that Bandwidth provided equipment and
installation activities do not act as a hindrance to Verizon services or
facilties. Bandwidth's equipment placed in or on roof space or
transmitter/receiver space must also comply with all applicable rules
and regulations of the FCC and the FAA.
Bandwidth facilities shall be placed, maintained, relocated or removed
in accordance with the applicable requirements and specifications of
the current edition of NIP - 74171, national electric code, the national
electrical safety code, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
All Bandwidth microwave facilities must comply with Bellcore
specifications regarding microwave and radio based transmission and
equipment, CEF, BR - 760 - 200 - 030, and SR - TAP - 001421; and
Verizon's practices as they relate to fire, safety, health,environmental
safeguards transmission and electrical grounding requirements, or
inteñerence with Verizon services or facilities.
The equipment located in, on or above the exterior walls or roof of
Verizon's building must either be on Verizon's list of approved products
or fully comply with requirements speified in GR - 63 - CORE, GR -
1089 - CORE and NIP 74171. This equipment must also comply with
NIP - 74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or inteñerence with Verizon serice or facilities.
Each transmitter individually and all transmitters collecively at a given
location shall comply with appropriate federal, state and/or local
regulations governing the safe levels of radio frequenc radiation. The
minimum standard to be met by Bandwidth in all cases is speified in
ANSI C95.1 -1982.
Bandwdth equipment must conform to th same speific risk, safety,
hazard standards which Verizon imposes on its own premises
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher. Bandwidth equipment is not required to meet the same
performance and reliability standards as Verizon impoes on its own
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher.
Placement and Removal of Facilties and Equipment. Prior to
installation of Bandwidth's facilities or transmission equipment for
microwave interconnection, Bandwidth must obtain at its sole cost and
expense all necssary licenses, permits, approvals, and/or varinces
for the installation and operation of the equipment and particular
microwave system, and when applicable for any towers or support
structures, as may be required by authorities having jurisdiction.
Bandwidth is not permitted to penetrate the building exterior wall or rof
when installng or maintaining transmission equipment and support
strctures. All building penetration wil be done by Verizon or a hired
agent of Verizon.
Any Bandwidth's equipment used to produce or extract moisture must
be connected to existing or newly constructed building or roof top
drainage systems, at the expense of Bandwidth.
169
Bandwidth wil be responsible for supplying, installng, maintaining,
repairing and servicing the following microwave specific equipment:
Waveguide, waveguide conduit, and/or coaxial cable, the microwave
antenna and associated tower and support structure and any
associated equipment; and the transmitter/receiver equipment and any
required grounding.
Bandwidth may install equipment that has been deployed by Verizon
for five years or more with a proven safety record.
1.10.5 Moves, Replacements or Other Modifications. Where Bandwidth
intends to modify, move replace or add to equipment or facilities within
or about the roof space or transmitter/receiver space(s) and requires
special consideration (e.g., use of freight elevators, loading dock,
staging area, etc.), Bandwidth must request and receive written
consentfrom Verizon. Such consentwil not be unreasonably
withheld. Bandwidth shall not make any changes from initial
installation in terms of the numbe of transmitter/receivers, type of
radio equipment, power output of transmitters or any other technical
parameters without the prior written approval of Verizon.
1.10.6 Space and Facilities. Monthly rates are applicable to Bandwidth for
the space (generally on the premises rof) associated with Verizon or
other CLEC owned antenna support strctures. The rate is calculated
using the rate per'Square foot, multiplied by the square footage of the
footprint, which resultant is multiplied by Bandwidth's relative capacity
ratio (RCR), (Le., the sum of the RCRs of each of the Bandwidth's
antennas).
Square footage for the footprint wil be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
structures used by Bandwidh. For a non-rectangular footprint, the
length Will. be measured afthe longést part of the footprint and the
width wil be the widest part of the fotprint.
The owner of the support structure may charge Bandwidth proposing to
use the structure, on a one-time basis, for the following costs and/or
values. Any incremental costs assiated with installng the
Bandwidth's antenna, including but not limited to, the cots of
engineering studies, roof penetrations, structural attachments, support
strcture modification or reinforcement. zoning and building permits. A
portion of the net bok value of the suppo structure is based on the
RCR of Bandwidth's proposed antenna(s) to be mounted on the
structure. Bandwidth's RCR represents the percent of the total
capacit of the support strcture used by Bandwidth's antennâ(š) on
the structure. Spare capacit shall be deemed to be that of the owner
of the structure. RCRs shall be expressed as a two place decimal
number, rounded to the nearest whole percent. The sum of all users'
RCRs and the owner's RCR shall at all times equal 1.00. It shall be the
responsibility of the owner of the structure to provide Bandwidth the net
book value of the structure at the time of the proposed use. Upon
request, the owner shall also provide the proposed user accounting
records or other documentation supporting the net book value.
The owner of the structure may not assess Bandwidth any charges in
addition to the one-time charge describe above, except that the owner
Bandwidth 10 Camp v3.1 170
1.10.7
1.10.8
Bandwidth 10 Camp v3.1
of the structure may assess Bandwidth a proportionate share of
inspection costs and Verizon may assess Bandwidth monthly recurring
charges for use of its roof space. At the time Bandwidth proposes to
attac additional antennas to an existing support structure, it shall be
the responsibilty of Bandwidth to obtain, at its cost and expense, an
engineering analysis by a registered structural engineer to determine
the relative capacity ratio of all antennas on the structure, including the
proposed antennas.
When a Bandwidth is the owner of the structure, the proposed user
shall pay Bandwidth directly the one-time charge as set forth above.
When Verizon is the owner of the support structure, it shall determine
the charge on an individual case basis. In the event that Bandwidth as
owner of the support structure fails to comply with these provisions, at
Verizon's option, ownership of the support structure shall transfer to
Verizon.
Costs incurred by Verizon to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any change which may be required thereto in
order to insure that such loadings meet generally accepted engineering
crieria for radio tower structures, wil be biled to Bandwidth.
Emergency Power and/or Environmental SupPOrt. In the event speial
work must be done by Verizon to provide emergency power or
environmental support to the transmitter/receiver equipment or
antenna, Bandwidth wil be billed on a time and materials basis for the
costs incurred.
Escorting. When Bandwidth personnel are escoed by a qualified
Verizon employee for access to the roof space, trnsmitter/receiver
spae, or cable risers and racking for maintenance, the miscellaneos
labor charges as set forth in the Pricing Attachment will apply.
171
911 ATTACHMENT
1. 911/E-911 Arrangements
1.1 911/E-911 arrangements provide a caller access to the appropriate PSAP by
dialing a 3-igit universal telephone number "911". Verizon provides and
maintains such equipment and softare at the 911/E-911 Tandem
Offce(s)/Selective Router(s), Verizon interface point(s) and ALI Database as is
necessary for 911/E-911 Calls in areas where Verizon is the designated 911/E-
911 Service Provider.
1.2 Verizon shall make the following information available to Bandwidth, to the extent
permitted by Applicable Law. Such information is provided at the Verizon Parter
Solutions website (formerly referred to as the Verizon wholesale website):
1.2.1 a listing of the CLLI code (and SS7 point code when applicable) of
each 911/E-911 Tandem Ofce(s)/Selecive Router(s) and associated
geographic loction served for areas where Verizon is the designated
911/E-911 Service Provider;
1.2.2 a listing of appropriate Verizon contact telephone numbers and
organizations that currently have responsibility for operations and
support of Verzon's 911/E-911 network and ALI Database systems;
and
1.2.3 where Verizon maintains a Master Street Address Guide (MSAG) on
behalf of the Controllng 911 Authority, Verizon shall provide to
Bandwidth a complete copy of such MSAG annually upon written
request for each county within the LATA(s) in the State of Idaho,
where Bandwidth is providing Telephone Exchange Service, provided
that Verion is permitted to do so by Contrling 911 Authority.
2. ALI Database
2.1 Where Verizon manages the ALI Database, information regarding the ALI
Database is provided electronically at the Verizon Parter Solutions website
(formerl referred to as the Verizon wholesale website).
2.2 Where Verizon manages the ALI Database, Verizon wil:
2.2.1 store Bandwidth end user data provide by Bandwidth in the ALI
Database;
2.2.2 provide Bandwidth access to the ALI Database for the initial loading
and updating of Bandwidth end user recrds in accordance with
information contained in the Verizon Partner Solutions website
(formerly referred to as the Verizon wholesale website); and
2.2.3 provide Bandwidth an error and status report based on updates to the
ALI Database received from Bandwidth.
2.3 Where Verizon manages the. ALI Database, Bandwidth wil:
2.3.1 provide MSAG valid E-911 data for each of its end users for the initial
loading of, and any and all updates to the AU database;
Bandwidth 10 Camp v3.1 172
2.3.2 utilize the appropriate Verizon electronic interface to update E-911
data in the ALI Database related its end users (and all such database
information in the ALI Database shall conform to Verzon standards,
which are provided at the Verizon Partner Solutions website (formerly
referred to as the Verizon wholesale website));
2.3.3 use its company ID on all end user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entry of E-911 data in the ALI
database; and
2.3.5 enter E-911 data into the ALI Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using
Bandwidth's NENA ID to lock and unlock records and the posting of
the Bandwidth NENA ID to the ALI Database record where such
locking and unlocking feature for E-911 records is available, or as
defined by locl standards. Bandwidth is required to promptly unlock
and migrate its E-911 records in accordance with NENA standards. In
the event that Bandwidth discontinues providing Telephone Exchange
Servce to any of its end users, it shall ensure that its E-911 records
for such end users are unlocked in accordance with NENA standards.
2.4 In the event Bandwidth uses an Agent to input its end usets E-911 data to the
ALI Database through the appropriate Verizon eleconic interface, Bandwidth
must provide a Letter of Authorzation, in a form acceptable to Verizon,
identifying and authorizing its Agent.
3. 911/E-911 Interconnection
3.1 Bandwidth may, in accordance with Applicable Law, interconnect to the Verizon
911/E-911 Tandem Ofce(s)/Selective Router(s) or Verizon interace point(s).
Verizon wil designate interface point(s), e.g., digital cros connec systems
(DCS), where Bandwidth may interconnect with Verizon for the trnsmission and
routing of 911/E-911 Calls to all subtending PSAPs that serve the areas in which
Bandwidth provides Telephone Exchange Services.
3.2 In order to interconnect with Verizon for the transmission and routing of 911/E-
911 Calls, Bandwidth shall:
3.2.1
3.2.2
3.2.3
3.2.4
Bandwidth 10 Camp v3.1
interconnect with each Verizon 911/E-911 Tandem
Ofces(s)/Selective Router(s) or Verizon interface points tht seres
the exchange areas in which Bandwidth is authorized to and wil
provide Telephone Exchange Service;
provide a minimum of two (2) one-way outgoing 911/E-914 trnks over
diversely routed facilities that are dedicated for originating 911/E-911
Calls from the Bandwidth switch to each designated Verizon 911/E-
911 Tandem Offce(s)/Selective Router(s) or Verizon interface point(s),
using SS7 signaling where available, as necessary;
(Intentionally Left Blank);
provide suffcient trunks and facilties to route 911/E-911 Calls from
Bandwidth to the designated Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon interface point(s). Bandwidth
173
is responsible for requesting that trunks and facilties be routed
diversely for 911/E-911 interconnection;
3.2.5 determine the proper quantity of trunks and facilities from its switch(es)
to the Verizon 911/E-911 Tandem Ofce(s)/Selective Router(s) or
Verizon interface point(s);
3.2.6 engineer its 911/E-911 trunks and facilities to attain a minimum P.01
grade of service as measured using the "busy day/busy hour" criteria
or at such other minimum grade of service as required by Applicable
Law or the Controllng 911 Authority;
3.2.7 monitor its 911/E-911 trunks and facilties for the purpe of
determining originating network traffc volumes. If the Bandwidth
traffc study indicates that additional trunks and/or facilities are needed
to meet the current level of 911/E~911 Call volumes, Bandwidth shall
order or otherwise provide adequate additional trunks and/or facilties;
3.2.8 promptly test all 911/E-911 trunks and facilties between the
Bandwidth network and the Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon interface point(s) to assure
proper functioning of 911/E-911 arrangements. Bandwidth agrees that
it wil not transmit or route live 911/E-911 Calls until succssful testing
is completed; and
3.2.9 isolate, coordinate and restore all 911/E-911 network maintenance
problems from its switch(es) to the Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon inteñace points. Bandwidth
wil advise Verizon of the circuit identification when notifing Verizon of
a failure or outage.
4. 911/E-911 General
4.1 Verizon and Bandwidth wil work coeratively to arrange meetings with the
Controllng 911 Authorities to answer any tecnical questions the PSAPs, or
county or municipal coordinators may have regarding the initial 911/E-911
arrangements
4.2 Bandwidth wil compensate Verizon for provision of 911/E-911 Services pursuant
to the Pricing Attachment of this Agreement.
4.3 Bandwidth and Verizon wil comply with all Applicable Law (including 911 taxes
and surcharges as defined by Applicable Law) pertining to 911/E-911
arrangements.
4.4 Bandwidth wil collec and remit..as requireci, any 911/E-911 appliceple.
surcharges from its end users in accrdance with Applicable Law.
5. Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date, has not provided in the State
of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate
in good faith with Bandwidth reasonable terms and conditions (including, without
limitation, rates and implementation timeframes) for such Service; and, ifthe Parties
cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Part may utilize the Agreement's dispute resolution
procedures.
Bandwidth 10 Camp v3.1 174
PRICING ATTACHMENT
1. General
1.1 As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attchment, Charges for
Services shall be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the
Providing Part's applicable Tariff.
1.4 In the .absence of Charges for a Service establi,shed pursuant to Secion 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attchment
that do not include a Charge, either marked as "TBD" or otherwise, Verizon is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective Date"). When Verizon finishes
developing such a Charge, Verizon shall notify Bandwidth in writing of such
Charge in accordance with, and subject to, the notices provisions of this
Agreement and thereafter shall bill Bandwidth, and Bandwidth shall pay to
Verizon, for Services provided under this Agreement on the Effective Date and
thereafter in accordance with such Charge. Any notice provided by Verizon to
Bandwidth pursuant to this Section 1.4 shall be deemed to be a part of Appendix
A of this Pricing Attachment immediately after Verizon sends such notice to
Bandwidth and thereafter.
1.5 The Charges stated in Appendix A of this Prcing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attchment also shall be automatically supersded
by any new .charge(s) when such new Charge(s) are required by any ordeL.ofthe
Commission or the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has ben filed with the Commission or the FCC), provided such
new Charge(s) are not subject to a stay issued by any court of competent
jurisdiction.
1.6 In the absence of Charges for a Service established pursuant to Secions 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressy
provided for in this Agreement, such Charges shall apply.
1.7 In the absence of Charges for a Service established pursuant to Secions 1.3
through. 1.6 of this Attachment;'he Charges .for the Service shalt,be the Providing
Part's FCC or Commission approved Charges.
1.8 In the absence of Charges for a Service established pursuant to Secions 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
2. Verizon Telecommunications Services Provided to Bandwidth for Resale Pursuant
to the Resale Attachment
2.1 Verizon Telecommunications Services for which Verizon is Required to Provide a
Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
Bandwidth 10 Camp v3.1 175
2.1.1 The Charges for a Verion Telecommunications Service purchased by
Bandwidth for resale for which Verizon is required to provide a
wholesale discount pursuant to Section 251 (c)(4) of the Act shall be
the Retail Price for such Service set forth in Verizon's applicable
Tariffs (or, if there is no Tariff Retail Price for such Service, Verizon's
Retail Price for the Service that is generally offered to Verizon's
Customers), less, to the extent required by Applicable Law: (a) the
applicable wholesale discount stated in Verizon's Tariff for Verizon
Telecommunications Services purchase for resale pursuant to
Section 251 (c)(4) of the Act; or (b) in the absence of an applicable
Verizon Tariff wholesale discount for Verizon Telecommunications
Services purchased for resale pursuant to Section 251 (c)(4) of the Act,
the applicable wholesale discount stated in Appendix A for Verizon
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4),ofthe Act.
2.1.4
2.1.2 The Charges for a Verizon Telecommunications Service Customer
Specific Arrangement ("CSA") purchased by Bandwidth for resale
pursuant to Section 3.3 of the Resale Attachment for which Verizon is
required to provide a wholesale discount pursuant to Section 251 (c)(4)of the Act shall be the Retail Price for the CSA, less, to the extent
required by Applicable Law: (a) the applicable wholesale discount
stated in Verizon's Tariffs for Verizon Telecommunications Services
purchased for resale pursuant to Section 251 (c)(4) ofthe Act; or (b) in
the absence of an applicable Verion Tariff wholesale discunt for
Verizon Telecommunications Services purchased for resale pursuant
to Section 251 (c)(4) of the Act, the applicable discount stated in
Appendix A for Verizon Telecommunications Services purchased for
resale pursuant to Section 251 (c)( 4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Verizon may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
. Telecommunications Serviçes provided to Bandwidth for resale
pursuant to Section 251 (c)(4) of the Act.
2.1.3 Notwithstanding Sections 2.1 and 2.2 of this Attachment, in
accordance with, and to the extent permitted by Applicable Law,
Verizon may at any time establish a wholesale discount for a
Telecommunications Service (including, but not limited to, a CSA) that
differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to Bandwidth for resale
pursuant to Section 251 (c)(4) of the Act.
The wholesale discnt stated in Appeix A shall be automatically
superseded by aqy, new whol~sale discount when slJl;, new wholesale
discount is reuired by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
',-:;.l-..
2.1.5 The wholesale discount provided for in Sections 2.1.1 through 2.1.3 of
this Attachment shall not be applied to:
2.1.5.1 Short term promotions as defined in 47 CFR § 51.613;
Bandwidth 10 Camp v3.1 176
2.1 .5.2 Except as otherwise provided by Applicable Law, Exchange
Access services;
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Part Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale discount under
Section 251 (c)(4) of the Act.
2.2 Verizon Telecommunications Services for which Verizon is Not Required to
Provide a Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
2.2.1 The Charges for a Verizon Telecommunications Service for which
Verizon is not required to provide a wholesale discount pursuant to
Section 251 (cX4) of the Act shall be the Charges stated in Verizon's
Tariffs for such Verizon Telecommunications Service (or, if there are
no Verizon Tarif Charges for such Serice, Verizon's Charges for the
Service that are generally offered by Verion).
2.2.2 The Charges for a Verizon Telecommunications Service customer
speific contract service arrangement ("CSA") purchased by
Bandwidth pursuant to Section 3.3 of the Resale Attachment for which
Verizon is not required to provide a wholesale discount pursuant to
Section 251 (c)(4) ofthe Act shall be the Charges provided for in the
CSA and any other Charges that Verizon could bil the person to
whom the CSA was originally provided (including, but not limited to,
applicable Verizon Tariff Charges).
2.3 Other Charges.
2.3.1 Bandwidth shall pay, or collect and remit to Veiizon, without discunt,
all Subscrber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Verizon Telecommunications
Services provided by Verizon to Bandwidth.
3. Bandwidth Prices
Notwithstanding any other provision of this Agreement, the Charges that Bandwidth bils
Verizon for Bandwidth's Services shall not exceed the Charges for Verizon's comparable
Services, except to the extent that Bandwidth's cost to provide such Bandwidth's
Services to Verizon exces the Charges for Verizon's comparable Services and
Bandwidth has demonstrated such eat to Verizon, or, at Verizon's request, to the
Commission or the FCC.
4. (This Section Intentionally Left Blank)
5. Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Part reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
Bandwidth 10 Camp v3.1 177 '
with regard to the Charges of the other Part (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
Bandwidth 10 Camp v3.1 178
APPENDIX A TO THE PRICING ATTACHMENT1
(IDAHO)
V1.11
I. Rates and Charges for Transport and Termination of Traffic2
A. Reciprocal Compensation Traffc Termination
Reciprocal Compensation Traffc End Offce Rate: $0.0050687 per minute of
use.
Reciprocal Compensation Traffc Tandem Rate: $0.0070138 per minute of use.
B. The Tandem Transit Traffc Service Charge is $0.001834 per minute of use.
C. Entrance Facility and Transport for Interconnection Charges: Se Intrstate
Special Access Tariff
D. Exchange Access Service: Per Verizon interstate and/or Verizon intrastate
access tariff
This Appendix may cotain rates fo (anor refernce) servces, falit. arrmets and the like
tht Verizon doe not have an obligatio to prde under the Agremet (e.g., service, facilities, arrngen an the
like that Verizon is not require to provide under Seon 251 of the Act). Noithstanding any such rates (and/or
references) and, for the avoidance of any doubt, nothing in this Appendix shall be demed to require Verzon to provie a
service, facilty, arrngement or the like that the Agrement does not reuire Verizon to provide, or to provide a servic,
facilityl¡¡irrngement or the like upon rates, terms or .coitons other than those that may be~!Jire by the Agreeml
All rates and charges set fort in this Appedix shall apply until such time as they are replace by new rates
and/or charges as the Commission or the FCC may approve or allow to go into effec fr time to time, subjec howver,
to any stay or other order issued by any court of competent jurisdicton. In addition to any rates and charge set forh
herein, Verizon, effective as of March 11, 2005, may, but shall not be require to, charge (and Bandwdth shall pay) any
rates and charges that apply to a CLEC's embedded base of certain UNEs pursuant to the FCC's Order on Remand,
Unbundled Access to Network Elements; Review of the Secion 251 Unbundling Obligations of Incmbent Local
Exchange Carriers, WC Oocket No. 04-313, CC Oocet No. 01-338 (FCC rei. Feb. 4, 2005) (the "TRRO"), the foreing
being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwse. In
addition, as set forth in Industry Notices, accss tariff rates and/or other applicable non-UNE rates may apply for certain
facilties and arrangements that are no longer available as unbundled netwrk elements or combinations thereof.
2 All rates and charges specified herein are pertaining to the Interconnecio Attachment.
Bandwidth 10 Comp v3.1 179
II. Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
Ordering and Provisioning
Engineered Initial Service Order (iSO) - New Service
Engineered Initial Service Order - As Speified
Engineered Subsequent Service Order
Non-Engineered Initial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered Initial Service Order - As Specified
Non-Engineered Subsequent Service Order
Central Office Connect
Outside Facility Connect
Manual Ordering Charge
Product Specific
$273.09
$ 11.69
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 12.21
$ 68.30
$ 12.17
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No
discount applies to such NRCs.
Custom Handling
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
ISO
Central Offce Connection
Outside Facilty Connecion
$ 35.48
$ 12.59
$ 17.76
$ 10.71
$ 9.59
Hot Coordinated Conversion First Hour:ISO $ 30.55Central Offce Connection $ 42.83Outside Facility Connecion $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:ISO $ 6.40Central Offce Connection $ 10.71Outside Facilty Connection $ 9.59
Bandwidth 10 Comp v3.1 180
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that Bandwidth
orders any service from this Agreement.
Customer Record Search applies when Bandwidth requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered Initial Service Order - New Service applies per Locl Service Request (LSR)
when engineering work activity is required to complete the order, e.g. digital loops.
Non-Engineered Initial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating from Verizon to Bandwidth. Complex Services
are services that require a data gathering form or have speial instructions.
Non-Engineered Initial Service Order - Changeover applies only to Basic Services for
services migrating from Verizon to Bandwidth. End-user service may remain the same or
change.
Central Offce Connect applies in addition to the iSO when physical installation is
required at the central offce.
Outside Facility Connect applies in addition to the ISO when incremental fieldwor is
required.
Manual Ordering Charge applies to orders that require Verizon to manually enter
Bandwidth's order into Verizon's Secure Integrated Gateway System (SIGS), e.g. faxed
orders and orders sent via physical or electrnic maiL.
Custom Handling (These NRCs are in addition to any Preorderng or Ordering and Provisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if Bandwdth requests
service prior to the standard due date intervals.
Coordinated Conversion applies if Bandwidth requests notification and cordination of
service cut over prior to the service becming effective.
Hot Coordinated Conversion First Hour applies if Bandwidth requests real-time
coordination of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Bandwidth 10 Comp v3.1 181
II.Prices for Unbundled Network Elements3
Monthly Recurring Charges4
Local Loop
2 Wire Analog Loop (inclusive of NID)$45.00
4 Wire Analog Loop (inclusive of NID)$67.00
2 Wire Digital Loop (inclusive of NID)$45.00
4 Wire Digital Loop (inclusive of NID)$67.00
DS-1 Loop $160.31
DS-3 Loop $320.38
Supplemental Features:
ISDN-BRI Line Loop Extender $5.06
DS1 Clear Channel Capabilty $26.00
Sub-Loop
2-Wire Distnbution $26.04
4-Wire Distribution $45.64
2-Wire Drop $5.57
4-Wire Drop $5.91
Inside Wire BFR
Network Interface Device (leased separately)
Basic NID:$1.80
Complex (12 x) NID $1.90
Dedicated Transport Facilties
Interoffce Deicated Transport
IDT DSO Transport Facility per ALM $0.13
IDT DSO Transport Termination $12.90
IDT DS1 Transport Facility per ALM $1.91
IDT DS1 Transpo Termination $45.00
IDT DS3 Transpo Facility per ALM $25.15
IDT DS3 Transport Termination $234.14
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing $194.78
DS3 to DS1 Multiplexing $550.00
DS 1 Clear Channel Capabilty $26.00
3 For the avoidance of any doubt, in addition to any rates and charges set fo herein, Verzon,
effecive as of March 11, 2005, may, but shall not be required to, charge (and Bandwdth shall pay) any rates and charges
that apply to a CLEC's embedded base of certain UNEs pursuant to the TRRO, the foroing being witht limittion of
other rates and charges that may apply under subsequent FCC orders or otherwise; in adition, as set fort in Industry
Notices, access tariff rates and/or other applicable non-UNE rates may apply for certain facilities and arrngements that
are no longer available as unbundled netwrk elements or combinations thereof.
4 In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC
Oocket No. 98-1840), Verizon will offer limited duration promotional discounts on resold residential exchange access
lines. The terms and conditions on which these promotional discunts are being made available can be found on
Verizon's web site, at http://ww.gte.comlwise for former GTE service areas and http://w.bell-
atl.comlwholesale/html/resources.htm for former Bell Atlantic service areas.
Bandwidth 10 Comp v3.1 182
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
Intermediate Offce Cross Connect
Bandwidth 10 Comp v3.1 183
$67.13
$
$
24.80
6.34
TSD
EEL Pricing
MRCs. The MRCs for an EEL wil generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, IDT, Multiplexing, & Clear
Channel Capability).
Bandwidth 10 Comp v3.1 184
Line Splitting (also referred to as "Loop Sharing,,)5 6
A. Unbundled Local Loops As Applicable per this Appendix A for UNE Locl 2-Wire
Digital (DSL qualified) Loops Monthly Recurrng Charges and
Non-Recurring Charges as amended from time to time.
Includes, without limitation, Recurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge* (per loop), Service Connecion-
Other Charge* (per loop), and Provisioning charges. Also
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch In, Out, and Dispatch Expedites, Installation
Dispatch, Manual Intervention, Expeited, Digital Designed
Recurring and Non-Recurring Charges
i. Regrade $9.59 NRCB. Other Charges
ii. *Service Connection
*Service Connection/Other
A second Service Connection
NRC and Service Connecion/
Other NRC applies on New
Loop Sharing Arrangements
involving the connection of
both voice and data
connections.
ii. Disconnec A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnect.
iv. Line and Station Transfers
/PairSwaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arngements.
C. Colloction Rates
Collocation Rates (including, without
limitation, Splitter Conneion and
Installation Rates)
As Applicabl per this Appendix A.
Rates for the individual line spitting components are cotained in existing term for Unbundled
Network Elements and Colloction.
5
This Pricing Attachment incorprates by reference the rates set fort in the Agreement for the
services and charges referenced herein. In the event this Pricing Attachment refers to a service that is not available
under the Agreement. the Agreement shall control. Nothing in this Appendix A shall be deemed to require Verizon to
provide a service that the Agreement does not require Verizon to provide.
Bandwidth 10 Comp v3.1 185
NON-RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
$
$
166.32
4.21
Ordering and Provisioning
Loop:
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Offce Connecton
Outside Facility Connection (See Note 1)
$294.07
$49.31
$12.21
$68.30
$33.38
$42.69
NID:
ISO
Outside Facility Connection
Custom Handling
Manual Ordering Charge $12.17
$25.80
$3.36
$17.76
$10.71
$9.59
$30.55
$42.83
$38.34
$6.40
$10.71
$9.59
Service Order Expedite:
Engineered Loop LSRs
All Other LSRs
Cordinated Conversions:
ISO
Central Ofce Connection
Outside Facilit Connecion
Hot Coordinated Conversion First Hour:
ISO
Central Offce Connection
Outside Facility Connection
Hot Cordinated Conversion per Additional Quarter Hour:
ISO
Central Offce Connection
Outside Facilty Connection
Note 1: The Outside Loop Facilty Charge wil apply when fieldwork is required for establishment
of a new unbundled loop service.
Bandwidth 10 Comp v3.1 186
NON-RECURRING CHARGES - OTHER UNEs
Exchange - FDI Distribution Interconnection - Initial
Exchange - FDI Distribution Interconnection - Subsequent
Exchange - Serving Terminal Interconnection -Initial
Exchange - Serving Terminal Interconnection - Subsequent
$ 36.32
$ 15.01
$ 36.32
$ 15.01
$ 26.88
$ 11.83
$ 26.88
$ 11.83
$ 61.90
$ 16.99
$ 28.99
$ 13.23
$ 30.36
$ 7.22
$ 15.51
$ 6.41
Advanced - Service Inquiry Charge
Advanced - Interoffce Dedicated Transport - Initial
Advanced - Unbundled Loop - Initial
Intermediate Offce Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
$405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
$405.65
$ 64.57
$ 64.57
N/A
$267.28
$261.86
N/A
$224.68
$220.43
Advanced - Basic (2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire) - Subsequent
DS1/DS3 - Initial
DS1/DS3 - Subsequent
DS3 to OS 1 Multiplexer
DS1 to DSO Multiplexer
$ 88.39
$ 38.02
$ 97.94
$ 38.02
N/A
N/A
$ 56.13
$ 21.89
$ 65.68
$ 21.89
N/A
N/A
$12.21
$ 12.21
$12.21
$ 12.21
$450.00
$800.00
N/A
N/A
N/A
N/A
N/A
N/A
Advance - Basic (2-wire and 4-wire) Changeover (As Is)
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-
Additional MOG (Mass Order Genetor) Only
Advanced - Complex (DS1 and above) Changeover (As Is)
Advanced - Complex (DS1 and above) Changeover (As Is)-
Additional MOG (Mass Order Generator) Only
Bandwidth 10 Comp v3.1 187
$161.87
$7.52
$179.37
$7.52
$99.77
$4.56
$117.27
$4.56
$41.64
$41.64
$41.64
$41.64
N/A
N/A
N/A
N/A
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
N/A
N/A
N/A
Advanced - Basic(2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) -Initial
Advanced - Complex (DS1 and above) - Subsequent
$ 95.49
$ 45.12
$105.04
$ 45.12
N/A
N/A
N/A
$ 63.01
$ 28.77
$ 72.56
$ 28.77
$318.71
$249.91
$568.62
$ 34.88
$
$ 34.88
$428.58
$ 58.20
$58.49
$ 86.80
N/A
N/A
N/A
N/A
Customer Record Search (per accunt)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 4.21
$166.32
$40.96
$
$166.32
$40.96
These charges are interim and subject to retroactive tre back to the Effective Oate of this
Agreement.
8
N/A
N/A
N/A
N/A
N/A
N/A
A Line and Station Transfer (LST) Charge applies when Verizon arranges or rearranges an indivdual
circuit at a terminal or cross-connect box to free up a pair or suitable facilty at the required service loction; examples
include an arrangement of copper to OLC. the rearrngement of 10LC to copper and the rearrngement of 10LC to UOLC.
Bandwidth 10 Comp v3.1 188
Engineering Query 10 N/A N/A $ 183.99 N/A
Engineering Work Order11 N/A N/A $ 94.40 N/A
Expedite Engineering Query 10 12 N/A N/A $ 41.67 N/A
Expedite Engineering Work Order11 12 N/A N/A $ 27.94 N/A
Clear Defective Pair N/A N/A $ 272.35 N/A
Reassignment of Non-Working Cable Pair N/A N/A $ 272.35 N/A
Binder Group Rearrangement N/A N/A $ 529.77 N/A
Repeater - Installation N/A N/A $1,597.10 N/A
Apparatus Case -Installation N/A N/A $2,992.81 N/A
Range Extenders - DSO Installation N/A N/A $ 809.72 N/A
Range Extenders - DS 1 Installation N/A N/A $ 809.72 N/A
Channel Unit to UniversallCotted DLC System (existing)N/A N/A $170.30 N/A
Serving Terminal - Installation/Upgrade N/A N/A Time and N/A
Material
Activate Dead Copper Pair N/A N/A $199.90 N/A
Multiplexer - 1/0 - Installation N/A N/A $12,211.41 N/A
Multiplexer - 1/0 - Reconfiguration N/A N/A $170.30 N/A
Multiplexer - 3/1 - Installation N/A N/A $26,981.19 N/A
Multiplexer - 3/1 - Reconfiguration N/A N/A $382.34 N/A
Multiplexer - Other - Installation N/A N/A Time and N/A
Material
Move Drop N/A N/A $109.28 N/A
Cross-Connection - Existing Fiber Facility N/A N/A $346.93 N/A
Line Card - Installation N/A N/A $314.63 N/A
Copper Rearrangement N/A N/A $42.90 N/A
Central Offce Terminal-Installation N/A N/A $35,307.87 N/A
IDLC Only Condition N/A N/A $36,847.28 N/A
Other Required Modifications N/A N/A Time and N/A
Material
N/A N/A N/A
OTHER N/A N/A N/A
Commingled Arngements - pe circuit NRC N/A N/A $ 50.00 N/A
Conversion - Service Order N/A N/A $19.33 N/A
Conversion - Installation per circuit N/A N/A $ 7.27 N/A
Circuit Retag - per circuit N/A N/A $ 59.43 N/A
N/A N/A N/A
9 This Appendix may cotain rates and charges for (and/or refeence) servces, facilities, arngements an the
like that Verion does not have an obligation to prvide under the Agrement (e.g., serces, facilites, arrngements and
the like for which an unbundling requirement does not exist under 47 U.S.C. Section 251(c)(3)). Notwithstanding any
such rates and/or charges (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be
deemed to require Verizon to provide a service, facilty, arrangement or the like that the Agrement does not reuire
Verizon to provide, or to provide a service, facility, arrngement or the like upon rates, ters or conditions other than
those that may be required by the Agreement.
Engineering Query Charges apply in addition to charges for actal netw modification and Engineering Work
Order charges where applicable.
10
Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering
Query charges where applicable.
11
12 Expedite Charges apply in addition to other listed rates.
Bandwidth 10 Comp v3.1 189
Dark Fiber - Dark Fiber Routine Network Modifications N/A N/A Time and N/A
Material
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that Bandwidth
orders any service from this Agreement.
Customer Record Search applies when Bandwidth requests a summary of the services
currently subscribed to by the end~user.
Ordering and Provisioning:
Initial Service Order (150) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each LSRlASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by the CLEC.
Advanced ISO applies per LSRlASR when engineering work activity is required to
complete the order.
Exchange 150 applies per LSRlASR when no engineering work activity is required to
complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same ISO.
Basic Provisioning applies to serices that can be provisione using standard network
components maintained in inventory without speialized instrctions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instrction for the
provisioning of the service to meet the customer's needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution, Drop
and NID.
Exchange-Complex: Non-loaded Sub-Loop Distribution and Loop Conditioning.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber and EELs.
Conditioning applies in addition to the 150, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DS1 Clear Channel Capability applies in addition to the 150, per DS1 for the installation
and grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
Bandwidth 10 Comp v3.1 190
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to
determine the availabilty of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, IDT, Multiplexing and Clear Channel Capabilty
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if Bandwidth requests service prior to the standard due
date intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if Bandwidth requests notification and coordination of
service cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Banddth requests real-time
coordination of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by the CLEC.
Bandwidth 10 Comp v3.1 191
IV. Rates and Charges for 911
See State Tariff.
Bandwidth 10 Comp v3.1 192
V. Collocation Rates
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee
Minor Augment Fee
Access Card Administration (New/Replacement)
Cage Grounding Bar
DC Power
per occurrence
per occurrence
per card
per bar
Engineering
Cable PulllTermination
Ground Wire
per project
per cable
per wire
Overhead Superstructure per project
Facilty Cable or Fiber Optic Patchcord PulllTerminationEngineering per project
Facilty Cable Pull per cable run
Fiber Optic Patchcord Pull per cable runDSO Cable Termination per 100 pair
DS 1 Cable Termination per 28 pair
DS3 Coaxial Cable Termination (Preconnectorized) per termination
DS3 Coaxial Cable Termination (Unconnectorized) per terminationFiber Optic Patchcord Termination per termination
Fiber Cable Pull
Engineering
Place Innerduct
Pull Cable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable
BITS Timing
per proje
per lin ft
per lin ft
per ocurrence
per projec
per fiber
per projec
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
$1,129.00
200.00
22.00
1,437.55
75.43
1341.62
18.12
2,440.00
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
1.00
42.00
31.00
70.00
307.00
Monthly Recurring Prices
Caged Floor Space including Shared Access Area per sq ft MRC 5.00
DC Power per load amp MRC 14.79
Building Modification per request MRC 201.00
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Bandwidth 10 Comp v3.1 193
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
Subduct Space - Fiber per lin ft MRC 0.04
Cable Vault Splice
Fiber Cable - 48 Fiber
Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material per splice MRC 27.00
BITS Timing per occurrence MR.t;11.00
Bandwidth 10 Comp v3.1 194
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC $1,129.00
Minor Augment Fee per occurrence NRC 200.00
Access Card Administration (New/Replacement)per card NRC 22.00
DC Power
Engineering per project NRC 75.43
Cable PulllTermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Overhead Superstructure per project NRC 2,440.00
Facilty Cable or Fiber Optic Patchcord PulllTermination
Engineering per project NRC 76.00
Facilty Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS 1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering pe project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timin9 per projec NRC 307.00
Monthly Recurring Prices
Relay Rack Floor Space per lin ft MRC 20.00
DC Power per load amp MRC 14.79
Building .Modification per request MRC 201.00
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Fiber Optic Patch cord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
Bandwidth 10 Comp v3.1 195
Elements
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material per splice MRC 27.00
BITS Timing per occurrence MRC 11.00
Bandwidth 10 Comp v3.1 196
Non-Recurring Prices
Engineering Fee per occurrence NRC $958.00
Facilty Pull 1 lin ft NRC 2.00
Facilty Termination
DSO Cable
Connectorized per 100 pr NRC 5.00
Unconnectorized per 100 pr NRC 42.00
DS1 Cable
Connectorized per 28 pr NRC 2.00
Unconnectorized per 28 pr NRC 32.00
DS3 (Coaxial) Cable
Connectorized per DS3 NRC 2.00
Unconnectorized perDS3 NRC 11.00
Fiber per fiber term NRC 70.00
Monthly Recurring Prices
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per coxial MRC 11.00
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilization per subduct MRC 1.00
Fiber Cable - 96 fiber
Space Utilzation per subduct MRC 1.00
Cable Rack Space
Metallc DSO 1 lin ft MRC 0.01
Metallc DS 1 1 lin ft MRC 0.01
Fiber per innerduct ft MRC 0.02
Coaxial 1 lin ft MRC 0.01
Bandwidth 10 Comp v3.1 197
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC 557.81
Equipment Installation per quarter rack NRC 3,474.25
Softare Upgrades per base unit NRC 96.08
Card Installation per card NRC 222.52
DC Power
Engineering per project NRC 75.43
Cable puiirr ermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Facilty Cable or Fiber Optic Patchcord PulllTermination
Engineering per project NRC 76.00
Facilty Cable Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS 1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per proje NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timing per projec NRC 307.00
Monthly Recurring Prices
Equipment Maintenance per quarter rack MRC 82.15
DC Power per load amp MRC 14.79
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patch cord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Fiber Optic Patch cord Duct Space per cable run MRC 0.56
Bandwidth 10 Comp v3.1 198
Elements
Manhole Space - Fiber
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material
Fiber Cable - 96 Fiber
Material
BITS Timing
Bandwidth 10 Comp v3.1
per splice MRC 10.00
per splice MRC 27.00
per occurrence MRC 11.00
199
Elements
Non-Recurring Prices
Augment Fee per occurrence NRC 998.92
Facilty Pull
Engineering per project NRC 76.00
Labor per linear ft NRC 1.12
Building Penetration for Microwave Cable per occurrence NRC ICB
Special Work for Microwave per ocurrence NRC ICB
Monthly Recurring Prices
Rooftop Space per sq ft MRC 4.65
Bandwidth 10 Comp v3.1 200
Non-Recurrng Prices
DSO
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per order
per order
per jumper
per order
DS1/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per order
per order
per jumper
per order
Lit Fiber
Bandwidth 10 Comp v3.1 201
NRC
NRC
NRC
NRC
21.89
38.02
7.20
64.95
NRC
NRC
NRC
NRC
21.89
38.02
17.59
78.57
ICB
Labor:
Overtime Installation Labor per rates below
Overtime Repair Labor per rates below
Additional Installation Testing Labor per rates below
Standby Labor per rates below
Testing & Maintenance with Other Telcos, Labor per rates below
Other Labor per rates below
Labor Rates:
Basic Time, Business Day, Per Technician
First Half Hour or Fraction Thereof NRC $42.83
Each Additional Half Hour or Fraction Thereof NRC 21.41
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof NRC 100.00
Each Additional Half Hour or Fraction Thereof NRC 75.00
Prem.Time,Outside Business Day, Per Tech
First Half Hour or Fraction Thereof NRC 150.00
Each Additional Half Hour or Fraction Thereof NRC 125.00
Cable Material
Facility Cable-DSO Cable (Connectorized) 100 per cable run NRC 324.00
pair
Facility Cable-DS1 Cable (Connectorized)per cable run NRC 301.00
Facility Cable-DS3 Coaxial Cable per cable run NRC 82.00
Fiber Optic Patchcord - 24 Fiber (Connecorized)per cable run NRC 810.30
Power Cable-Wire Power 1/0 per cable run NRC 91.00
Power Cable-Wire Power 2/0 per cabl run NRC 132.00
Power Cable-Wire Power 3/0 per cable run NRC 146.00
Power Cable-Wire Power 4/0 per cable run NRC 180.00
Power Cable-Wire Power 350 MCM per cable run NRC 307.00
Power Cable-Wire Power 500 MCM per cable run NRC 428.00
Power Cable-Wire Power 750 MCM per cable run NRC 658.00
Facility Cable - Category 5 Connectorzed per Iinearft NRC 1.07
Collocation Space Report per premise NRC 1,218.00
Bandwidth 10 Comp v3.1 202
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Engineering/Major Augment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is suffcient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
suffcient DC power facilties exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Offce Engineers to attend status meetings.
Engineering/Major Augment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Colloction applies when an existing Caged and Cageless collotion arrangement is
augmented with newly installed. microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is suffcient space, the best
location for the microwave antennae and other exterior facilities, what building modifications are
necessary, if any, and if suffcient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Augment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or softare
upgrades, removal of Virtual equipment, reuests to pull cable frm exteror micrwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers acvites associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Cage Grounding Bar. The Cage Grounding Bar rate revers the materil and labor costs to
provision a ground bar, including necessary ground wire, in the collotots cage.
BITS Timing. The non-recurrng charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstrcture charge is designed to
recover Verizon's engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facilty Cable or Fiber Optic Patchcord PullfTermination-Engineering. The Facility Cable or Fiber
Optic Patchcord PullfTermination-Engineering charge is applied per projec to recver the
engineering costs of pullng and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution paneL. The charge would also apply per project to recover the engineering costs of
pullng transmission cable from microwave antennae facilties on the rooftop to the colloction
cage or relay rack.
Bandwidth 10 Comp v3.1 203
Facilty Pull. The Facilty Pull charge is applied per cable run and recovers the labor cost of
pullng metallc cable or fiber optic patchcord from the colloction cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distribution paneL.
Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord
terminated and is designed to recover the labor cost of terminating or disconnectng transmission
cable or fiber optic patchcord from the colloction cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution paneL.
Fiber Cable Pull-Engineering. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pullng the CLEC's fiber cable, when necessary, into Verizon's
central offce.
Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per
linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labo costs of pullng
the CLEC's fiber cable into Verizon's central offce.
Fiber Cable Pull-Fire Retardant. This charge is associated with the fillng of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recvers the labor cost to terminate the fiber optic patchcord cable.
Fiber Splice-Engineering. The Fiber Splice-Engineering charge is applied per projec and covers
the engineering costs for fiber cable splicing projects.
Fiber Splice. The Fiber Splice charge is applied per fiber cable splice and recvers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, caeless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Verizon's engineering and installation costs for pullng and terminating DC power
cables to the colloction area. For initial applications, each DC Power feed wil require tw (2)
cables.
Cable Material Charges. The CLEC has the option of providing its own cable or Veron may, at
the CLEC's request, provide the necssary transmission and power cables for caged, cageless,
and virtual collocation arrangements. If Verizon provides these cables, the applicable Cable
Material Charge wil be charged.
Adjacent Engineering Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Ofce Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer
associated with determining the capabilities of providing Adjacent On-Site collocation. The labor
charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire
center and property, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adjacent Facility Pull-Labor. This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX paneL.
Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX paneL.
Bandwidth 10 Comp v3.1 204
Collocation Space Report. When requested by a CLEC, Verizon wil submit a report that
indicates Verizon's available colloction space in a particular premise. The report wil be issued
within ten calendar days of the request. The report wil speify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report wil also include measures that Verizon is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required, by Verizon to complete a collocation
request, disconnect collocation power cables, remove colloction equipments, or perform
inventory services for CLECs.
Faciltv Pull (Microwave Only). The Facility Pull charge is applied per linear foot and. recovers the
labor cost of pullng transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Building Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilities and other exterior facilities to the
transmission equipment in the collocation cage or relay rack wil be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Special Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
wil be determined and applied on an individual case basis.
Virtual Equipment Installation. The Virtal Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recvers the costs incurred by Venzon for enineing and
installation of the virtual coloctin equipment. This charge would appl to the installation of power
equipment including, but not limited to, ATM, DSLAM, frame rely, router, OC3, OC12, OC24,
OC, and NGDLC. This chrge do not apply for the insllation of spliter.
Virtual Softare Upgrade. The Virtual Softre Upgrade charge is applie pe ba unit when
Verizon, upon CLEC reuest, instlls softare to upgrade equipment for an existing Virtal
Collotion arrngement.
Virtual Card Installation. The Virtual Card Installation charg is applied pe card whn Veron, upon
CLEC request, installs additional cards for an existing Virtl Coloctin arrngment.
Deicted Transit Servce (DTS) Seric Orer Charge. Applie pe DTS orer to th reuesting
CLEC for recovery of DTS order placment and issuance cots. Th manual chrge applies whn
the semi-mechanized ordenng interace is not use.
Dedicted Transit Service (DTS) - Service Conneion CO Wiring. Applied per DTS circit to the
reuesting CLEC for recovery of DTS jumper material, wiring, servic turn-up for DSO, DS1,ÐS3;
and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connecion Provisioning. Applied per DTS order to the
reuest CLEC for recover of circuit design and labor costs assciated with the provisioning of DSO,
DS1, DS3, and dark fiber circuits for DTS.
Bandwidth 10 Comp v3.1 205
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Colloction Service is provided.
Caged Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relay Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that wil be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber ocupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Verizon's cable
vault.
Cable Rack Space-Metallc. The Cable SpaceMetallc charge is applied for each DSO, DS1 and
DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC's
metallc and coaxial cable occupies within Verizon.
Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recvers the space utilizatin
cost that the CLEC's fiber cable occupies within Verizon's cable rack system.
Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central offce duct space ocpied by th fiber optic patchcord
cable.
DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual colloction arrngement. This charge is designed
to recover the monthly facility and utility expense to power the colloction equipment.
Faciliy Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distrbution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution paneL.
BITS Timing. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electonic communications equipment. This rate is based
on a per port cost.
Building Modification. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Verizon's
premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
Environmental Conditioning. The Environmental Conditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
Bandwidth ID Comp v3.1 206
CLEC's DC Power requirements. This charge is associated with the provisioning of heating,
ventilation, and air conditioning systems for the CLEC's equipment in Verizon's premises.
Adjaænt Cable Vault Space. The Adjaænt Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.
Adjacent Cable Rack Space. This charge covers the space utilzation cost that the CLEC's fiber,
metallc or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.
Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.
Virtual Equipment Maintenance. The Virtual Equipment Maintenanæ charg is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurr by the Company for maintenance
of the CLEC's virtual colloction equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
0C48, and NGDLC. This charg does not apply for the maintenanæ of spliter.
Bandwidth 10 Comp v3.1 207
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements
for
Bandwidth - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (X
The following technical specifications and requirements wil apply to Bandwidth - Verizon
Northwest Inc. Fiber Meet Arrangement (NUMBER) ("FM No. (X"):
1. FM No. (XX) will provide interconnecion facilities for the exchange of applicable traffc (as
set forth in the Amendment) between Verizon's (NAME OF TANDEM/END OFFICE) and
Bandwidth's (NAME OF TANDEM/END OFFICE) in the State of Idaho. A diagram of FM
No. (XX) is included as Exhibit A-1.
2. Fiber Meet Points ("FMPs").
2.1 FM No. (X) wil be configured as shown on Exhibit A-1. FM No. (XX) wil have
two FMPs. Neither FMP is more than three (3) miles from the nearest Verizon
Tandem or End Ofce.
2.2 Verizon wil provision a Fiber Network Interface Device ("FNID") at (POLE XX,
STREET YV, TOWN zz, STATE) and terminate L- strands of its fiber optic
cable in the FNID. The FNID provisione by Verizon wil be a
(MANUFACTURER, MODEL). Verizon wil bear the cost of installng and
maintaining its FNID. The fiber patch panel within Verion's FNID wil serve as
FMP NO.1. Verizon wil provide a fiber stub at the fiber patch panel in Verizon's
FNID for Bandwidth to connect L- strands of its fiber cable L-
connectors. Verizon's FNID will be locked, but Verizon and Bandwidth wil have
24 hour access to their respetive side of the fibe patch panel locted in
Verizon's FNID.
2.3 Bandwidt wil provision a FNID at (POLE XX, STREET YV, TOWN zz, STATE)
and terminate L- strands of its fiber optic cable in the FNID. The FNID
provisioned by Bandwidth wil be a (MANUFACTURER, MODEL). Bandwidth wil
bear the cost of installng and maintaining its FNID. The fiber patch panel within
Bandwidth's FNID wil serve as FMP No.2. Bandwidth wil provide a fiber stub at
the fiber patch panel in Bandwidth's FNID for Verizon to connect L- strnds
of its fiber cable. Bandwidth's FNID wil be locked, but Bandwidth and Verizon
wil have 24 hour access to their respective side of the fiber patch panel located
in Bandwidth's FNID.
3. Transmission Characteristics.
3.1 FM No. (X wil be built (as a ring configuration).
3.2 The transmission interface for FM No. (XX) wil be (Synchronous Optical Network
("SONET")).
Bandwidth 10 Comp v3.1 208
3.3 Terminating equipment shall comply with (SONET transmission requirements as
specfied in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11 )).
3.4 The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
3.5 The optical transmission rate wil be (Unidirectional) OC-(X).
3.6 The path switch protection shall be set as (Non-Revertive).
3.7 Verizon and Bandwidth shall provide (Primary Reference Source traceable
timing).
4. Add Drop Multiplexer.
4.1 Verizon wil, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Verizon wil use a (MANUFACTURER, MODEL) Add Drop
Multiplexer with firmware release of (X.X) at the network leveL. Before making
any upgrade or change to the firmware of its Add Drop Multiplexer, Verion must
provide Bandwidth with fourteen (14) days advance written notice that describes
the upgrade or change to its firmware and states the date on which such
firmware wil be activated in Verizon's Add Drop Multiplexer.
4.2 Bandwidth wil, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Bandwidth wil use a (MANUFACTURER, MODEL) Add Drop
Multiplexer with firmware release of (X.X) at the network leveL. Before making
any upgrade or change to the firmware of it Add Drop Multiplexer, Bandwidth
must provide Verizon with fourteen (14) days advance written notice that
describes the upgrade or change to its firmware and states the date on which
such firmware or softare wil be activated in Bandwidth's Add Drop Multiplexer.
4.3 Bandwidth and Verizon wil monitor all firmware upgrades and changes to
observe for any failures or anomalies adversly affecting service or
administration. If any upgrade or change to firmware adversely affects service or
administration of FM No. (X), the firmware wil be removed frm the Add Drop
Multiplexer and wil revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Verzon and
Bandwidth Add Drop Multiplexers of FM No. (X.
5. Testing.
5.1 Prior to turn-up of FM No. (XX), verizon and Bandwidth wil mutually develop and
implement testing procedures for FM No. (XX) . .
6. Connecting Facilty Assignment ("CFA") and Slot Assignment Allocation ("SAA").
6.1 For one-way and two-way trnk arrangements, the SAA information will be
turned over to Bandwidth as a final step of turn up of the FM No. (XX).
6.2 For one-way trunk arrangements, Verizon wil control the CFA for the subtending
facilties and trunks connected to Verizon's slots and Bandwidth wil control the
CFA for the subtending facilties and trunks connected to Bandwidth's slots.
Bandwidth wil place facilty orders against the first half of the fully configured
Bandwidth 10 Comp v3.1 209
slots (for example, slots 1-6 of a fully configured OC12) and Verizon wil place
orders against the second half of the slots (for example, slots 7-12). If either
Part needs the other Part's additional slot capacity to place orders, this wil be
negotiated and assigned on a case-by-case basis. For SAA, Verizon and
Bandwidth shall jointly designate the slot assignments for Verizon's Add Drop
Multiplexers and Bandwidth's Add Drop Multiplexer in FM No. (X).
6.3 For two-way trunk arrangements, Bandwidth shall control the CFA for the
subtending facilities and trunks conneced to FM No. (XX). Bandwidth shall place
facility and trunk orders against the total available SAA capacity of FM No. (XX).
7. Inventorv, Provisioning and Maintenance, Surveilance. and Restoration.
7.1 Verizon and Bandwidth wil inventory FM No. (XX in their operational support
systems before the order flow begins.
7.2 Verizon and Bandwidth wil notify each other's respeive Maintenance Control
Offce of all troubleshooting and scheduled maintenance activity to be performed
on FM No. (XX) facilities prior to undertking such work, and wil advise each
other of the trouble reporting and maintenance control point contact numbe and
the days and hours of operation. Each Part shall provide a timely response to
the other Part's action requests or status inquiries.
7.3 Verizon wil be responsible for the provisioning and maintenance of the FM No.
(XX) transport facilties on Verizon's side of the FMPs, as well as delivering its
applicable traffc to the FMPs. Bandwidth wil be responsible for the provisioning
and maintenance of the FM No. (XX) transport facilties on the Bandwidth's side
of the FMPs, as well as delivering its applicable traffc to the FMPs. As such,
other than payment of any applicable intercrrer compensation charges pursuant
to the terms of the Agreement, neither Part shall have any obligation to pay the
other Part any charges in connecion with FM No. (X.
7.4 Verizon and Bandwidth wil provide alarm survillance for their respective FM No.
(XX) transport facilities. Verzon and Bandwidt wil notify each other's respetive
maintenance control offce of all troubleshooting and scheduled maintenance
activity to be performed on the facilty prior to undertking such work, and wil
advise each other of the trouble reporting and maintenance control point conta
numbers and the days and hours of operation.
8. Cancellation or Modification of FM No. £Xi.
8.1 Except as otherwise provided in this Section 8, all expenses and costs
associated with the construction, operation, use and maintenance of FM No. (XX
on each Part's respective side of the FMPs wil be borne by such Party.
8.2 If either Part terminates the construction of the FM No. (XX) before it is used to
exchange traffc, the Part terminating the constrction of FM No. (XX wil
compensate the other Part for that Part's reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Part proposes to move or change FM No. (X) as set forth in this
document, at any time before or after it is used to exchange traffc, the Party
requesting the move or change wil compensate the other Part for that Part's
reasonable actual incurred construction and/or implementation expenses.
Bandwidth 10 Comp v3.1 210
Augments, moves and changes to FM No. (XX) as set forth in this document
must be mutually agreed upon by the Parties in writing.
BANDWIDTH.COM CLEC, LLC VERIZON NORTHWEST INC.
By:
TO BE EXECUTED AT A LATER DATE
Date:
Bandwidth 10 Comp v3.1 211
ExhibitA-1
Bandwidth - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (X)
City, State
Bandwidth 10 Comp v3.1 212