20090928Application.pdf

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UTILITIES COMM SSI()i\¡
Verizon Northwest Inc.
20575 NW Von Neumann Dr.
Suite 150
Beaverton, Oregon 97006-6982
Mailcode: OR030156
Fax [phone]
September 22, 2009
Ms. Jean Jewell
Commssion Secretary
Idao Public Utilities Commission
472 W. Washigton
Boise, Idaho 83702
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RE: Newly Negotiated Interconnection Agreement between BLC Management LLC dba Angles
Communcation Solutions and Verizon Nortwest
Dear Ms. Jewell,
Please fid enclosed four copies of a new, negotiated agreement between BLC Management LLC dba
Angles Communication Solutions and Verizon Nortwest Inc. Please contact me at [phone] if you
have any questions.
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Renee M. Wiler
Verion External Affairs
renee. wiler~verizon.com
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AGREEMENT
by and between
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BLC MANAGEMENT LLC D/B/A ANGLES COMMUNICATION SOLUTIONS
BLC 10 camp v3.3
and
VERIZON NORTHWEST INC.
FOR THE STATE OF
IDAHO
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. Biling and Payment; Disputed Amounts ................................................................6
10. Confidentiality ............................................................................................................ 7
11. Counterparts ..............................................................................................................9
12. Default.........................................................................................................................9
13. Discontinuance of Service by BLC ..........................................................................9
14. Dispute Resolution ....................................................................................................9
15. Force Majeure ...................................................... ....................................................1 0
16. Forecasts..................................................................................................................10
17. Fraud.........................................................................................................................10
18. Good Faith Penormance.........................................................................................11
19. Headings...................................................................................................................11
20. Indemnification ........................................................................................................11
21. Insurance ..................................................................................................................13
22. Intellectual Propert ................................................................................................14
23. Joint Work Product..................................................................................................14
24. Law Enforcement .....................................................................................................15
25. Liability .....................................................................................................................15
BLC 10 comp v3.3
26. Network Management..............................................................................................16
27. Non-Exclusive Remedies........................................................................................17
28. Notice of Network Changes ....................................................................................17
29. Notices ......................................................................................................................17
30. Ordering and Maintenance .....................................................................................18
31. Penormance Standards ..........................................................................................19
32. Point of Contact for BLC 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
BLC 10 comp v3.3
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. Telephoné Numbers ................................................................................................52
11. Routing for Operator Services and Directory Assistance Traffc.......................53
12. Unauthorized Carrier Change Charges .................................................................53
13. Good Faith Penormance.........................................................................................53
INTERCONNECTION A TTACHMENT...........................................................................................54
1. General......................................................................................................................54
2. Points of Interconnection and Trunk Types .........................................................54
3. Alternative Interconnection Arrangements...........................................................58
4. Initiating Interconnection ........................................................................................60
5. Transmission and Routing of Telephone Exchange Service Traffic..................61
6. Traffic Measurement and Biling over Interconnection Trunks ..........................62
7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) ofthe
Act.............................................................................................................................63
8. Other Types of Traffic .............................................................................................65
9. Transmission and Routing of Exchange Access Traffic .....................................65
10. Meet-Point Biling (MPB) Arrangements ...............................................................66
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic ..................................69
BLC 10 comp v3.3 iii
12. Tandem Transit Traffc............................................................................................70
13. Number Resources, Rate Center Areas and Routing Points ..............................72
14. Joint Network Implementation and Grooming Process; Forecasting................73
15. Number Portabilty - Section 251(B)(2)..................................................................74
16. Good Faith Penormance.........................................................................................76
TRAFFIC EXCHANGE ATTACHMENT.........................................................................................77
1. General...................................................................................................................... 77
2. Arrangements With Third Party Tandem Provider ...............................................77
3. Initiating Traffic Exchange Under This Attachment............................................78
4. Traffic Measurement and Biling ............................................................................78
5. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
Act.............................................................................................................................79
6. Other Types of Traffic .............................................................................................80
7. Toll Free Service Access Code (e.g., 800/888/877) Traffic ..................................81
8. Number Resources, Rate Center Areas and Routing Points ..............................82
9. Number Portabilty - Section 251 (B)(2) ..................................................................83
10. Good Faith Penormance.........................................................................................85
RESALE ATTACHMENT ...............................................................................................................86
1. General......................................................................................................................86
2. Use of Verizon Telecommunications Services .....................................................86
3. Availabilty of Verizon Telecommunications Services ........................................87
4. Responsibility for Charges .....................................................................................87
5. Operations Matters ..................................................................................................88
6. Rates and Charges ..................................................................................................88
7. Good Faith Penormance.........................................................................................89
NETWORK ELEMENTS ATTACHMENT ......................................................................................90
1. General........................................................ ..............................................................90
2. Verizon's Provision of Network Elements.............................................................94
BLC 10 comp v3.3 iv
3. Loop Transmission Types ......................................................................................94
4. Line Splitting (also referred to as "Loop Sharing") ...........................................105
5. (This Section Intentionally Left Blank) ................................................................106
6. Sub-Loop .......................... ......................................................................................106
7. Sub-Loop for Multiunit Tenant Premises Access............................................... 1 09
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber
Loops ......................................................................................................................109
9. Network Intenace Device......................................................................................114
10. (This Section Intentionally Left Blank) ................................................................116
11. Dedicated Transport..............................................................................................116
12. (This Section Intentionally Left Blank) ................................................................116
13. Operations Support Systems ...............................................................................116
14. Availabilty of Other Network Elements on an Unbundled Basis .....................116
15. Maintenance of Network Elements ......................................................................118
16. Combinations, Commingling, and Conversions ................................................118
17. Routine Network Modifications............................................................................121
18. Rates and Charges ................................................................................................122
19. Good Faith Penormance.......................................................................................122
COLLOCATION ATTACHMENT .................................................................................................123
1. Verizon's Provision of Collocation ......................................................................123
911 ATTACHMENT......................................................................................................................169
1. 911/E-911 Arrangements.... ...................................................................................169
2. ALI Database..........................................................................................................169
3. 911/E-911 Interconnection ....................................................................................170
4. 911/E-911 General..................................................................................................171
5. Good Faith Penormance.......................................................................................171
PRICING ATTACHMENT.............................................................................................................172
1. General....................................................................................................................172
BLC 10 comp v3.3 v
2. Verizon Telecommunications Services Provided to BLC for Resale Pursuant to
the Resale Attachment ..........................................................................................172
3. BLC Prices..............................................................................................................174
4. (This Section Intentionally Left Blank) ................................................................174
5. Regulatory Review of Prices ................................................................................174
APPENDIX A TO THE PRICING ATTACHMENT .......................................................................176
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT .............................................................................................................................205
BLC 10 comp v3.3 vi
AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective as of September 4, 2009 (the "Effective
Date"), between BlC Management LLC d/b/a Angles Communication Solutions ("BlC"), a limited
liabilty company organized under the laws of the State of Tennessee, with offces at 11121
Highway 70, Suite 202, Arlington, TN 38002 and Verizon Northwest Inc. ("Verizon"), a
corporation organized under the laws of the State of Washington with offces at 1800 41 st Street,
Everett, WA 98201 (Verizon and BlC 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 BlC hereby agree as follows:
1. The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Part 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 Part that has been accepted by the other
Part.
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 Part that has been accepted by the other
Part, 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
Part 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
conflct 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 BlC.
BLC 10 comp v3.3
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. Subject to the requirements of Applicable law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Part.
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 September 3,2011 (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 BlC 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 BlC or Verizon provides notice of termination pursuant to Section 2.2
and on or before the proposed date of termination either BlC 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 BlC and Verizon; or, (b) the date one (1) year after the
proposed date of termination.
2.4 If either BlC 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 BlC
nor Verizon has requested negotiation of a new interconnection agreement, (a)
this Agreement will terminate at 11 :59 PM Eastern Time on the proposed date of
termination, and (b) the Services being provided under this Agreement at the
time of termination 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
BLC 10 comp v3.3 2
State of Idaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
4.2 Each Part 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 offciaL.
4.4 Each Part shall promptly notify the other Part 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 unenforceability shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall
be construed as if it did not contain such invalid or unenforceable provision;
provided, that if the invalid or unenforceable provision is a material provision of
this Agreement, or the invalidity or unenforceability materially affects the rights or
obligations of a Part hereunder or the ability of a Part 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 Part 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 Part 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 BLC a Service that is not
offered under this Agreement to BLC, 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 will 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
Part, 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.
BLC 10 comp v3.3 3
4.7 Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order,
determination or action, or any change in Applicable law, Verizon is not required
by Applicable law to provide any Service, payment or benefit, otherwise required
to be provided to BlC hereunder, then Verizon may discontinue the provision of
any such Service, payment or benefit, and BlC shall reimburse Verizon for any
payment previously made by Verizon to BlC that was not required by Applicable
law. Verizon will provide thirt (30) days prior written notice to BlC 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 Part, 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, BlC 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 BlC (a) prior
to the Effective Date, has failed to timely pay a bill rendered to BlC by Verizon or
its Affliates, (b) on or after the Effective Date, fails to timely pay a bil rendered to
BlC by Verizon or its Affiliates, (c) in Verizon's reasonable judgment, at the
Effective Date or at any time thereafter, is unable to demonstrate that it is
creditworthy, or (d) admits its inability to pay its debts as such debts become due,
has commenced a voluntary case (or has had a case commenced against it)
under the U.S. Bankruptcy Code or any other law relating to bankruptcy,
insolvency, reorganization, winding-up, composition or adjustment of debts or the
like, has made an assignment for the benefit of creditors or is subject to a
receivership or similar proceeding.
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 BlC in connection with this
Agreement. If BlC 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 Affliate in any
twelve (12)-month period, Verizon may, at its option, demand (and BlC 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.
BLC 10 comp v3.3 4
6.4 (Intentionally left Blank).
6.5 (Intentionally left Blank).
6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to
BlC in respect of any amounts to be paid by BlC 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, BlC 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
unti such time as BlC 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 Bie 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 Part
("Auditing Part") may audit the other Part's ("Audited Part") 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 Part 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 Part. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Part in a form reasonably
acceptable to the Audited Part that protects the confidentiality of the information
disclosed by the Audited Part to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Part
may require that the audit commence no later than sixty (60) days after the
Auditing Part has given notice of the audit to the Audited Part.
7.3 Each Part shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilties and systems,
reasonably necessary to assess the accuracy of the Audited Party's bils.
7.4 Audits shall be performed at the Auditing Part's expense, provided that there
shall be no charge for reasonable access to the Audited Part's employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Part's bills.
8. Authorization
BLC 10 comp v3.3 5
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
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 BlC represents and warrants that it is a limited liability company duly organized,
validly existing and in good standing under the laws of the State of Tennessee,
and has full power and authority to execute and deliver this Agreement and to
perform its obligations under this Agreement.
8.3 BlC Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to perform under this Agreement until such time as BlC has obtained
such FCC and Commission authorization as may be required by Applicable law
for conducting business in the State of Idaho. BlC shall not place any Orders
under this Agreement unti it has obtained such authorization. BlC shall 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 Part shall submit to the
other Part on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Part under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts billed for
Services provided under this Agreement, whether biled 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 biling Part's statement; or (b) twenty (20) days after the date
the statement is received by the billed Part. Payments shall be transmitted by
electronic funds transfer.
9.3 If any portion of an amount biled by a Part under this Agreement is subject to a
good faith dispute between the Parties, the billed Part shall give notice to the
biling Part of the amounts it disputes ("Disputed Amounts") and include in such
notice the specific details and reasons for disputing each item. A Part may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Part at any time, either before or after an
amount is paid, and a Part's payment of an amount shall not constitute a waiver
of such Part's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The billed Party shall pay by the Due Date
all undisputed amounts. Billing disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the billng 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 billng Part which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
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 Part 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
BLC 10 comp v3.3 6
appropriate jurisdiction to collect amounts due, the biled Part shall not be
entitled to dispute the biling Part'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 Part ("Disclosing Party") to the other Part
("Receiving Part") in connection with, or anticipation of, 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 10 or
similar service, or L1DB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Part to
use and/or disclose the Customer Information);
information related to specific facilties 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 Part at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Part 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 Part has identified
as Confidential Information pursuant to Sections 10.1.5 or 10.1.6.
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;
10.2.1
10.2 Except as otherwise provided in this Agreement, the Receiving Part shall:
10.2.2
BLC 10 comp v3.3
use the Confidential Information received from the Disclosing Part
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 Part in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Part's
Affliates and the directors, offcers, employees, Agents and
contractors of the Receiving Part and the Receiving Part's Affliates,
that have a need to receive such Confidential Information in order to
perform the Receiving Part's obligations under this Agreement. The
Receiving Party's Affliates and the directors, offcers, employees,
Agents and contractors of the Receiving Part and the Receiving
Part's Affliates, shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
7
Receiving Party. The Receiving Party shall be liable for any failure of
the Receiving Party's Affliates or the directors, officers, employees,
Agents or contractors of the Receiving Party or the Receiving Part's
Affliates, to comply with the provisions of this Section 10.
10.3 The Receiving Part shall return or destroy all Confidential Information received
from the Disclosing Part, including any copies made by the Receiving Part,
within thirt (30) days after a written request by the Disclosing Part is delivered
to the Receiving Part, except for (a) Confidential Information that the Receiving
Part 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
10.4.6
was, at the time of receipt, already in the possession of or known to
the Receiving Part free of any obligation of confidentiality and
restriction on use;
is or becomes publicly available or known through no wrongful act of
the Receiving Part, the Receiving Part's Affliates, or the directors,
offcers, employees, Agents or contractors of the Receiving Part or
the Receiving Part's Affiliates;
is rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Part
with respect to such information;
is independently developed by the Receiving Part;
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 Part shall have made
commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Part in order to enable the Disclosing
Part 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 Part'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.
10.6 The Disclosing Part shall retain all of the Disclosing Part's right, title and
interest in any Confidential Information disclosed by the Disclosing Party to the
Receiving Party. Except as otherwise expressly provided in this Agreement, no
license is granted by this Agreement with respect to any Confidential Information
(including, but not limited to, under any patent, trademark or copyright), nor is
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
BLC 10 comp v3.3 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
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
10.8 Each Part'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 Part ("Defaulting Part") 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 billing Party) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirt (30) days after written notice thereof from
the other Part, the other Part may, by written notice to the Defaulting Part, (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 BLC
13.1 If BLC 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, BLC shall send written notice of such
discontinuance to Verizon, the Commission, and each of BLC's Customers. BLC
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 thirt
(30) days, to the extent commercially feasible, BLC shall send such notice at
least thirt (30) days prior to its discontinuance of service.
13.2 Such notice must advise each BLC Customer that unless action is taken by the
BLC Customer to switch to a different carrier prior to BLC's proposed
discontinuance of service, the BLC Customer wil be without the service provided
by BLC to the BLC Customer.
13.3 Should a BLC Customer subsequently become a Verizon Customer, BLC shall
provide Verizon with all information necessary for Verizon to establish service for
the BLC Customer, including, but not limited to, the BLC Customets biled name,
listed name, service address, and billng address, and the services being
provided to the BLC 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
dispute that includes both a detailed description of the dispute or alleged
BLC 10 comp v3.3 9
nonperformance and the name of an individual who will serve as the initiating
Part's representative in the negotiation. The other Part 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 Part'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 Part 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 Part 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, softare or repairs thereof, acts or omissions of the other
Part, and acts of God.
15.2 If a Force Majeure Event occurs, the non-performing Party shall give prompt
notification of its inabilty to perform to the other Part. During the period that the
non-performing Part is unable to perform, the other Part 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 Part that has been
prevented by the Force Majeure Event. The non-performing Part 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 Part from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Part to settle any
labor dispute except as the non-performing Part, in its sole discretion,
determines appropriate.
16. Forecasts
In addition to any other forecasts required by this Agreement, upon request by Verizon,
BLC shall provide to Verizon forecasts regarding the Services that BLC expects to
purchase from Verizon, including, but not limited to, forecasts regarding the types and
volumes of Services that BLC expects to purchase and the locations where such
Services wil be purchased.
17. Fraud
BLC 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
BLC 10 comp v3.3 10
make adjustments to BLC's account in cases of, fraud by BLC's Customers or other third
parties.
18. Good Faith Penormance
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 Part'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 BLC 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 Part 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 ("Indemnified Part"), the Indemnified Part's Affliates, and the
directors, officers and employees of the Indemnified Part and the Indemnified
Party's Affliates, 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 Part, the
Indemnifying Part's Affliates, or the directors, offcers, employees, Agents or
contractors (excluding the Indemnified Party) of the Indemnifying Part or the
Indemnifying Part's Affliates, 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 Part is obligated to indemnify, defend and/or
hold harmless under Section 20.1.
20.2.2 An Indemnifying Part's obligations under Section 20.1 shall be
conditioned upon the following:
The Indemnified Person: (a) shall give the Indemnifying Part 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 Part Claim, shall consult with
the Indemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
consent of the Indemnifying Party; (d) shall permit the Indemnifying
Part to assume the defense of a Third Part Claim (including, except
20.2.3
BLC 10 comp v3.3 11
20.2.4
20.2.5
20.2.6
20.2.7
20.2.8
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 Part
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 sette any Third Part Claim.
With respect to any Third Part Claim, the Indemnified Person shall be
entitled to participate with the Indemnifying Part 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 Part sette a Third Part Claim or
consent to any judgment with regard to a Third Part Claim without the
prior written consent of the Indemnified Part, which shall not be
unreasonably withheld, conditioned or delayed. In the event the
settlement or judgment requires a contribution from or affects the
rights of an Indemnified Person, the Indemnified Person shall have the
right to refuse such settement or judgment with respect to itself and,
at its own cost and expense, take over the defense against the Third
Part 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 Part Claim for
any amount in excess of such refused settlement or judgment.
The Indemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
The Indemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Part Claim.
20.3 Each Part 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 Part'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 Part or the other Part's Affiliate and that arises out of
performance of this Agreement.
20.2.9
20.4 Each Part's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
BLC 10 comp v3.3 12
21. Insurance
21.1 BLC 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, BLC shall maintain the following insurance:
21.1.1
21.1.2
21.1.3
21.1.4
Commercial General Liabilty Insurance, on an occurrence basis,
including but not limited to, premises-operations, broad form property
damage, products/completed operations, contractual liability,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
Commercial Motor Vehicle Liability Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
Excess Liabilty 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 Liabilty 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
BLC's real and personal property located at any Collocation site or
otherwise located on or in any Verizon premises (whether owned,
leased or otherwise occupied by Verizon), facility, equipment or right-
of-way.
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 responsibility of BLC.
21.1.5
21.3 BLC shall name Verizon and Verizon's Affliates as additional insureds on the
foregoing liability insurance.
21.4 BLC shall, within two (2) weeks of the Effective Date hereof at the time of each
renewal of, or material change in, BLC'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 BLC shall require its contractors, if any, that may enter upon the premises or
access the facilities or equipment of Verizon or Verizon's affliates to maintain
insurance in accordance with Sections 21.1 through 21.3 and, if requested, to
furnish Verizon certificates or other adequate proof of such insurance acceptable
to Verizon in accordance with Section 21.4.
BLC 10 comp v3.3 13
21.6 Failure of BLC or BLC'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 BLC or BLC's contractors shall contain a clause stating:
"Verizon Northwest Inc. shall be notified in writing at least thirt (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 propert,
now or hereafter owned, controlled or licensable by either Part. Except as
expressly stated in this Agreement, neither Part may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
property right, of the other Part 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 Part 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 liabilty to, the other Part or its
Affliates or Customers based on or arising from any Third Part Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
softare by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Part, 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 propert right of any Part 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
RIGHT.
22.4 BLC 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 softare or other intellectual propert license
agreements) between Verizon and Verizon's vendors. Verizon agrees to advise
BLC, directly or through a third part, of any such terms, conditions or restrictions
that may limit any BLC use of a Service provided by Verizon that is otherwise
permitted by this Agreement. At BLC's written request, to the extent required by
Applicable Law, Verizon will use Verizon's best efforts, as commercially
practicable, to obtain intellectual propert rights from Verizon's vendor to allow
BLC to use the Service in the same manner as Verizon that are coextensive with
Verizon's intellectual propert rights, on terms and conditions that are equal in
quality to the terms and conditions under which Verizon has obtained Verizon's
intellectual propert rights. BLC shall reimburse Verizon for the cost of obtaining
such rights.
23. Joint Work Product
BLC 10 comp v3.3 14
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 Part.
24. Law Enforcement
24.1 Each Part 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
facilities and equipment, and dialed number recording facilties and equipment.
24.2 A Party shall not have the obligation to inform the other Part 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 Part may act to prevent the other Part
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
Part's Affliates, and the directors, officers and employees of a Part and a
Part's Affliates, to the other Part, 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 Part's Affliates, and the
directors, offcers and employees of a Part and a Part's Affliates, shall not be
liable to the other Party, the other Part's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibilty 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.
25.5 Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liabilty:
BLC 10 comp v3.3 15
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
Part 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 propert 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 liability of a Part, a Party's Affiliate, or a director, offcer or
employee of a Part or a Part's Affliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liability of the Part or
other person shall be limited to the smaller of the amounts for which such Part
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 Part, the other Part's Affliates, or the directors,
offcers or employees of the other Part or the other Part'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 wil work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. BLC 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 will 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 biled calls, callng card calls, and other
services related to this Agreement.
26.2 Responsibilty 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 facilties of the other Part or any third parties connected with
or involved directly in the network or facilities of the other.
26.3 Interference or Impairment. If a Part ("Impaired Part") reasonably determines
that the services, network, facilities, or methods of operation, of the other Part
("Interfering Party") wil or are likely to interfere with or impair the Impaired Part's
provision of services or the operation of the Impaired Party's network or facilties,
the Impaired Part may interrupt or suspend any Service provided to the
BLC 10 comp v3.3 16
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.g., situations involving a risk of
bodily injury to persons or damage to tangible propert, or an
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Part 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 Part
will promptly restore the interrupted or suspended Service. The
Impaired Part 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 Part wil follow Verizon's
standard procedures for isolating and clearing the outage or trouble.
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 Part's facilities or network, or any other change in its facilties or
network that will materially affect the interoperabilty of its facilities or network with the
other Party's facilties or network, the Part 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 Part to
the other Part under this Agreement:
29.1.1
29.1.2
29.1.3
To BLe:
BLC 10 comp v3.3
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:
17
Chris Melton
Director of Operations
11121 Highway 70
Suite 202
Arlington, TN 38002
Telephone Number: [phone], Ext.: None
Facsimile Number: [phone]
Internet Address: cmelton~prepaidworx.com
To Verizon:
Director-Negotiations
Verizon Partner Solutions
600 Hidden Ridge
HQEWMNOTICES
Irving, TX 75038
Facsimile Number: [phone]
Internet Address: wmnotices~verizon.com
with a copy to:
Vice President and Deputy General Counsel
Verizon Partner Solutions
1320 North Court House Road
9th Floor
Arlington, VA 22201
Facsimile: [phone]
or to such other address as either Part 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 mailng, (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.
BLC shall notify Verizon, by written notice pursuant to this Section 29, of any
changes in the addresses or other BLC contact information identified under
Section 29.1.3 above.
30. Ordering and Maintenance
BLC 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 BLC to perform a pre-ordering,
ordering, provisioning, maintenance or repair, transaction offered by Verizon, BLC 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).
BLC 10 comp v3.3 18
31. Penormance 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) of the Act.
31.2 BLC shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32. Point of Contact for BLC Customers
32.1 BLC shall establish telephone numbers and mailng addresses at which BLC
Customers may communicate with BLC and shall advise BLC 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 BLC Customer, including, but not
limited to, a BLC Customer request for repair or maintenance of a Verizon
Service provided to BLC.
33. Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.1.2
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.
33.1.1
33.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a
Part under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month, and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the Service will be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Part may elect to cancel the
commitment.
33.3 If either Party elects to cancel the commitment pursuant to the proviso in Section
33.2, the Purchasing Part shall not be liable for any termination charge that
would otherwise have applied. However, if the commitment was cancelled by the
Purchasing Part, the Providing Party shall be entitled to payment from the
Purchasing Part of the difference between the price of the Service that was
actually paid by the Purchasing Part 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
BLC 10 comp v3.3 19
34.1 A Part, its Affliates, and their respective contractors and Agents, shall not use
the other Part'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 Part
may grant or withhold in its sole discretion.
34.2 Neither Part may imply any direct or indirect affliation 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 part 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 Part the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Part a franchise, distributorship or similar interest.
36.3 Except for provisions herein expressly authorizing a Part to act for another
Part, nothing in this Agreement shall constitute a Part as a legal representative
or Agent of the other Part, nor shall a Party have the right or authority to
assume, create or incur any liabilty or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Part unless otherwise
expressly permitted by such other Part in writing, which permission may be
granted or withheld by the other Part 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 Part undertakes
to perform any obligation of the other Part, whether regulatory or contractual, or
to assume any responsibility for the management of the other Part's business.
BLC 10 comp v3.3 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 Part waives,
and each Part 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 BLC acknowledges BLC 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 Part (including, but not limited to, an Affiliate of the
Party) to perform the Part's obligations under this Agreement; provided, that a Part's
use of a contractor shall not release the Part from any duty or liability to fulfill the Part'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, liabilties and obligations of a Part for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilties and
obligations of a Part 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, liabilties and obligations of a Part 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 Part by the
Providing Part, then (a) the Providing Part shall bil the Purchasing Part for
BLC 10 comp v3.3 21
such Tax, as a separately stated item on the invoice, (b) the Purchasing Part
shall timely remit such Tax to the Providing Party and (c) the Providing Part
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 Part 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 Part, 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 Part is also subject to a tax based upon receipts ("Receipts
Tax"), then the Purchasing Part 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 part, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscribet') 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 Part 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 Part shall not collect such Tax if the
Purchasing Part (a) furnishes the Providing Party with a letter signed by an
offcer 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 Part, which
holds the Providing Part 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 Part fails to bill the
Purchasing Part for any Tax as required by Section 41.1, then, as
between the Providing Part and the Purchasing Part, (a) the
Purchasing Party shall remain liable for such unbiled Tax and any
interest assessed thereon and (b) the Providing Part shall be liable
for any penalty assessed with respect to such unbiled Tax by a taxing
authority.
If the Providing Part properly bills the Purchasing Part for any Tax
but the Purchasing Part fails to remit such Tax to the Providing Part
as required by Section 41.2, then, as between the Providing Party and
the Purchasing Party, the Purchasing Party shall be liable for such
41.5.2
BLC 10 comp v3.3 22
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 Part has provided such Providing Part
with an exemption certificate that is later found to be inadequate,
invalid or inapplicable by a taxing authority, then, as between the
Providing Part and the Purchasing Party, the Purchasing Part 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 Part fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Party and the
Purchasing Part, (a) the Providing Part shall be liable for any Tax
imposed on its receipts and (b) the Purchasing Part shall be liable for
any interest assessed thereon and any penalty assessed upon the
Providing Part with respect to such Tax by the applicable taxing
authority.
If the Purchasing Part 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 Part, the Purchasing Part 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 Part has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Part
agrees to indemnify and hold the Providing Part harmless on an after-
tax basis for any costs incurred by the Providing Part as a result of
actions taken by the applicable taxing authority to recover the Tax
from the Providing Part due to the failure of the Purchasing Part to
timely pay, or collect and timely remit, such Tax to such authority.
41.6 Audit Cooperation. In the event either Part is audited by a taxing authority, the
other Party agrees to cooperate fully with the Part 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 Part 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:
To BLC:
BLC 10 comp v3.3
Verizon Communications
Tax Department
One Verizon Way, VC53S-221
Basking Ridge, NJ 07920
23
Brian Cox
Manager
11121 Highway 70
Suite 202
Arlington, Tennessee 38002
Each Part 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 BLC'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. BLC 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 BLC 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-part beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Part shall have no liabilty
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 Part shall comply with Section 252(i) of
the Act. To the extent that the exercise by BLC of any rights it may have under Section
252(i) results in the rearrangement of Services by Verizon, BLC 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 Part shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
BLC 10 comp v3.3 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 thirt (30) days prior written notice to
BLC.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirty (30) days prior written notice
to BLC terminate any provision of this Agreement that provides for the payment
by Verizon to BLe of compensation related to traffc, including, but not limited to,
Reciprocal Compensation and other types of compensation for termination of
traffc delivered by Verizon to BLC. Following such termination, except as
otherwise agreed in writing by the Parties, Verizon shall be obligated to provide
compensation to BLC related to traffc 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 BLC related to traffc only to the extent required by Applicable
Law. If within thirt (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 Part may submit their disagreement to
dispute resolution in accordance with Section 14 of this Agreement.
BLC 10 comp v3.3 25
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreernent to be executed as of
the Effective Date.
By:
VERIZON NORTHWEST INC.
By 1J1 ¿í ~
Printed: rey A. MasonerPrinted: Brian Cox
Title: Manager Title: Vice President - Interconnection Services
BlC ID cop v3.3 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 conflct 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
Part.
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 AU (Automatic Location Identification) Database.
The emergency services (E-911) database controlled by Verizon containing
BLC 10 comp v3.3 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ("NENA") 10, Call Back Number, and other
carrier information used to process caller location records.
2.7 Ancillary Traffc.
All traffc that is destined for ancillary services, or that may have special billng
requirements, including but not limited to the following: directory assistance,
911/E-911, operator services (IntraLATA call completion), IntraLATA third part,
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 billng number of the callng part.
2.9 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Part'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 Alliance 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 Part's request that the other Part 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.
BLC 10 comp v3.3 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).
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the call.
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, liabilties, 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. BLC is or shortly will become a CLEC.
2.23 CLLI Codes.
Common Language Location Identifier Codes.
2.24 CMOS (Centralized Message Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Biling System
(CABS) records.
2.25 Commission.
Idaho Public Utilties Commission.
2.26 Controlling 911 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 911/E-911 services, operations and systems within a defined
jurisdiction.
2.27 CPN (Callng Party Number).
A CCS parameter that identifies the callng party's telephone number.
2.28 CPNI (Customer Proprietary Network Information).
BLC 10 comp v3.3 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 Part's
equipment and the equipment or facilities of the housing Part (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 id,entified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DSO-, DS1-, or DS3-capacity transmission facilty 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 interoffce facilties (110F"). Dedicated Transport does not include
any facilty that does not connect a pair of Verizon UNE Wire Centers.
2.34 Default PSAP.
The PSAP designated by the Controlling 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 Controlling 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 facilty, element, arrangement or the like that the Federal Unbundling Rules
do not require Verizon to provide on an unbundled basis to BLC, whether
because the facilty was never subject to an unbundling requirement under the
BLC 10 comp v3.3 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 Intenace).
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 billng 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.
BLC 10 comp v3.3 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 Traffc" is traffc
that under an optional Extended Local Callng 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 Orders.
The following FCC orders: (a) Order on Remand and Report and Order, In the
Matter of Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996, Intercarrier Compensation for ISP Bound
Traffc, FCC 01-131, CC Docket Nos. 96-98 and 99-68,16 FCC Rcd 9151
(adopted April 18, 2001) (hereinafter the "April 18, 2001 FCC Internet Ordet');
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, In the Matter of High-Cost Universal Service Support; Federal-State
Joint Board on Universal Service; Lifeline and Link Up; Universal Service
Contribution Methodology; Numbering Resource Optimization; Implementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified Intercarrier Compensation Regime; Intercarrier
Compensation for ISP-Bound Traffc; IP-Enabled Services, FCC 08-262, CC
Docket Nos. 96-45, 96-98, 99-68, 99-200, 01-92, WC Docket Nos. 03-109, 04-
36,05-337,06-122 (adopted November 5,2008) (hereinafter the "November 5,
2008 FCC Internet Ordet'.
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 metallic portion of a Loop between a serving
End Offce 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
BLC 10 comp v3.3 32
from the main distribution frame (or its equivalent) in an end user's serving End
Offce 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 facilities
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 lit, 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
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 facility in Verizon's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an "MPOE") and the Rate Demarcation Point for such facilty (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 Mbps
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 telecommunications services in
connection with the origination, termination, transmission, switching, forwarding
or routing of telecommunications traffc to or from the facilities 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
BLC 10 comp v3.3 33
Offces, 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.
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 L1DB (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-billed calls (e.g.,
data for billed 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,
BLC 10 comp v3.3 34
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 Customets serving End Offce, 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 utilze any of several technologies.
2.76 LSR (Local Service Request).
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
Telecommunications Services and Network Elements.
2.77 Maintenance Control Offce.
Either Part'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 facilities 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 Part 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 Part, on that other
Part'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 calling 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 0XX101 XX) basis, are not considered Measured
Internet Traffc. For the avoidance of any doubt, Virtual Foreign Exchange Traffc
(Le., V/FX Traffic) (as defined in the Interconnection Attachment) does not
constitute Measured Internet Traffic.
2.80 MECAB (Multiple Exchange Carrier Access Billing).
A document prepared by the Billng Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of ATIS. The MECAB document, published by ATIS as "ATIS/OBF-
MECAB", as revised from time to time, contains the recommended guidelines for
the billing of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.81 MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - Industry Support Interface).
BLC 10 comp v3.3 35
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as "ATIS/OBF-MECOD", as revised from time to
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
2.82 (Intentionally Left Blank).
2.83 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
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 propert 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 BLC 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 traffc is redirected to a protection line because of failure of a working line
and the working line is repaired, traffc 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
BLC 10 comp v3.3 36
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 Offce 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
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 facilities physically
interconnect for the purpose of mutually exchanging their traffc. 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 Offce Interconnection Wire Center but,
notwithstanding any other provision of this Agreement or otherwise, would not
include a BLC Interconnection Wire Center, BLC switch or any portion of a
transport facilty provided by Verizon to BLC or another part between (x) a
Verizon Interconnection Wire Center or switch and (y) the Interconnection Wire
Center or switch of BLC or another part.
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 Part.
A Part offering or providing a Service to the other Part under this Agreement.
2.98 PSAP.
Public Safety Answering Point.
2.99 Purchasing Party.
BLC 10 comp v3.3 37
A Party requesting or receiving a Service from the other Part 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.
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 facility 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 Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffc originating on one Part'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 traffc originated by a Customer of one Part on that Party's
network and terminated to a Customer of the other Part on that other Part's
network, except for Telecommunications traffc 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 calling areas as defined by Verizon. Reciprocal
BLC 10 comp v3.3 38
Compensation Traffc does not include the following traffc (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) traffc that does not originate and terminate within the same Verizon local
calling area as defined by Verizon, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffc,
including, but not limited to, calls originated on a 1 + presubscription basis, or on
a casual dialed (10XX101XX) basis; (4) Optional Extended Local Callng
Scope Arrangement Traffc; (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 Traffc (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
Extended Local Callng 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 traffc 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 BLC utilze this-
out-of-band signaling protocol in relation to their routing and completion of traffc.
2 .112 Subsidiary.
A corporation or other person that is controlled by a Part.
2.113 Sub-Loop Distribution Facility.
A two-wire or four-wire metallic distribution facility in Verizon's network between a
Verizon feeder distribution interface (t1FDltI) and the Rate Demarcation Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
BLC 10 comp v3.3 39
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 0, 700 access, 800 access, 888 access and 900 access.
2.115 Tandem.
A switching entity that has biling and recording capabilties and is used to
connect and switch trunk circuits between and among End Offices and between
and among End Offces and carriers' aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.
Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
2.116 Tariff.
2.116.1 Any applicable Federal or state tariff of a Part, 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 Part 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 Part Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
Part, or (c) a fine or penalty imposed by a person who is not a Part.
BLC 10 comp v3.3 40
2.123 Toll Traffc.
Traffc that is originated by a Customer of one Party on that Part's network and
terminates to a Customer of the other Part on that other Party's network and is
not Reciprocal Compensation Traffic, Measured Internet Traffc, or Ancillary
Traffc. Toll Traffc may be either "lntraLATA Toll Traffic" 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
"Environmental Law" or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.125 Traffc Factor 1.
For traffc exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffc (excluding Measured Internet
Traffc) by the total number of minutes of interstate and intrastate traffc.
((nterstate Traffc Total Minutes of Use lexcluding Measured Internet Traffc
Total Minutes of Use) + llnterstate Traffic Total Minutes of Use + Intrastate Traffc
Total Minutes of Use)) x 100). Until the form of a Part's bills is updated to use
the term "Traffc Factor 1", the term "Traffc Factor 1" may be referred to on the
Part's bils and in billng related communications as "Percent Interstate Usage"
or "PIU".
2.126 Traffc Factor 2.
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffc and Measured Internet Traffc by the combined total number of minutes of
intrastate traffc and Measured Internet Traffic. (HReciprocal Compensation
Traffc Total Minutes of Use + Measured Internet Traffic Total Minutes of Use) +
llntrastate Traffc Total Minutes of Use + Measured Internet Traffc Total Minutes
of Use)) x 100). Until the form of a Part's bils is updated to use the term "Traffc
Factor 2", the term "Traffc Factor 2" may be referred to on the Party's bills and in
billing 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.
BLC 10 comp v3.3 41
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 Offce Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Offce and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digitaL. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
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 utilizing 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 "f1avot'.
BLC 10 comp v3.3 42
ADDITIONAL SERVICES ATTACHMENT
1. Alternate Biled Calls
1.1 The Parties wil engage in settements of intraLA T A intrastate alternate-billed
calls (~, collect, callng card, and third-part 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 BLC.
Such services will be provided in accordance with the terms set forth herein.
4.1 Listing Information.
As used herein, "Listing Information" means a BLC 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.
BLC 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 BLC Customer whose service address location falls
within the geographic area covered by the relevant Verizon directory. BLC shall
also provide to Verizon on a daily basis: (a) information showing BLC Customers
who have disconnected or terminated their service with BLC; and (b) delivery
information for each non-listed or non-published BLC Customer to enable
Verizon to perform its directory distribution responsibilities. Verizon shall
promptly provide to BLC (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 BLC 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 BLC Customers in the same manner
it provides initial distribution of such directories to its own Customers. "Primary
Listing" means a Customets primary name, address, and telephone number.
BLC 10 comp v3.3 43
Listings of BLC's Customers shall be interfled with listings of Verizon's
Customers and the Customers of other LECs included in the Verizon directories.
BLC shall pay Verizon's Tariffed charges for additional, foreign, and other listings
products (as documented in local Tariff) for BLC's Customers.
4.4 Verizon Information.
Upon request by BLC, Verizon shall make available to BLC the following
information to the extent that Verizon provides such information to its own
business offces: a directory list of relevant NXX codes, directory and Customer
Guide close dates, and Yellow Pages headings. Verizon shall also make
available to BLC, 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 BLC 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 BLC Listing Information
for directory publishing, direct marketing, or any other purpose for which Verizon
uses or licenses its own listing information, so long as BLC Customers are not
separately identified as such; and provided further that BLC 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 BLC for
Verizon's use or licensing of BLC Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of BLC Customer listings. At BLC's request, Verizon shall provide
BLC with a report of all BLC Customer listings in a reasonable timeframe prior to
the service order close date for the applicable directory. Verizon shall process
any corrections made by BLC with respect to its listings, provided such
corrections are received prior to the close date of the particular directory.
4.7 Indemnification.
BLC shall adhere to all practices, standards, and ethical requirements
established by Verizon with regard to listings. By providing Verizon with Listing
Information, BLC warrants to Verizon that BLC has the right to provide such
Listing Information to Verizon on behalf of its Customers. BLC 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. BLC agrees to release, defend, hold
harmless and indemnify Verizon from and against any and all claims, losses,
damages, suits, or other actions, or any liabilty whatsoever, suffered, made,
instituted, or asserted by any person arising out of Verizon's publication or
dissemination of the Listing Information as provided by BLC hereunder.
4.8 Liability.
Verizon's liabilty to BLC in the event of a Verizon error in or omission of a BLC
Customer listing shall not exceed the amount actually paid by BLC to Verizon for
BLC 10 comp v3.3 44
such listing. BLC 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 liabilty to BLC's Customers in the event of a Verizon error
in or omission of a listing shall be subject to the same limitations of liability
applicable between Verizon and its own Customers as set forth in Verizon's
applicable Tariffs.
4.9 Service Information Pages.
Verizon shall include all BLC 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. BLC's NXX codes shall appear in such lists in the
same manner as Verizon's NXX information. In addition, when BLC is authorized
to, and is offering, local service to Customers located within the geographic area
covered by a specific directory, at BLC's request, Verizon shall include, at no
charge, in the "Customer Guide" or comparable section of the applicable
alphabetical directories, BLC's critical contact information for BLC's installation,
repair and Customer service, as provided by BLC. Such critical contact
information shall appear alphabetically by local exchange carrier and in
accordance with Verizon's generally applicable policies. BLC 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.
BLC acknowledges that if BLC 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 Traffic
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 intraLATA switched voice traffc, delivered to a Voice Information Service.
Voice Information Service Traffc does not include any form of Internet Traffc.
Voice Information Service Traffic also does not include 555 traffc or similar traffc
with AIN service interfaces, which traffc shall be subject to separate
arrangements between the Parties. Voice Information Service Traffc is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
5.2 If a BLC 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 blocking such Voice
Information Service Traffc has been installed. For such Voice Information
Service Traffc, BLC shall pay to Verizon without discount any Voice Information
Service provider charges billed by Verizon to BLC. BLC shall pay Verizon such
BLC 10 comp v3.3 45
charges in full regardless of whether or not BLC collects such charges from its
Customer.
5.3 BLC 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 BLC exercises such option, BLC
wil establish, at its own expense, a dedicated trunk group to the Verizon Voice
Information Service serving switch. This trunk group wil be utilzed .to allow BLC
to route Voice Information Service Traffic originated on its network to Verizon.
For such Voice Information Service Traffc, unless BLC has entered into a written
agreement with Verizon under which BLC will collect from BLC's Customer and
remit to Verizon the Voice Information Service provider's charges, BLC shall pay
to Verizon without discount any Voice Information Service provider charges biled
by Verizon to BLC. BLC shall pay Verizon such charges in full regardless of
whether or not BLC collects such charges from its own Customer.
6. Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Verizon to BLC, or from BLC
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
Part 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 Part formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement will be provided by each Party at no charge to the
other Part; provided that the Part formerly providing service may bil the
Customer its standard Tariff charge, if any, for the referral announcement.
7. Originating Line Number Screening (OLNS)
Upon BLC's request, Verizon will update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originating from the callng number (e.g., penal
institutions, COCOTS).
8. Operations Support Systems (OSS) Services
8.1 Definitions.
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 billng.
BLC 10 comp v3.3 46
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 BLC Usage Information to BLC
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,
facilities, equipment, softare, or systems, used by Verizon to provide
Verizon OSS Services to BLC.
8.1.4 Verizon OSS Information: Any information accessed by, or disclosed
or provided to, BLC 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 BLC
Customer accessed by, or disclosed or provided to, BLC through or as
a part of Verizon OSS Services; and, (b) any BLC Usage Information
(as defined in Section 8.1.6 of this Attachment) accessed by, or
disclosed or provided to, BLC.
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 Access
service (as defined in Section 3(16) of the Act, 47 U.S.C. § 153(16))
provided by Verizon.
8.1.6 BLC Usage Information: For a Verizon Retail Telecommunications
Service purchased by BLC 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 Part.
8.2.1
8.2 Verizon OSS Services.
8.2.2
8.2.3
BLC 10 comp v3.3
Upon request by BLC, Verizon shall provide to BLC 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
Facilities, Verizon OSS Information, and the Verizon OSS Services,
from time-to-time, without the consent of BLC.
To the extent required by Applicable Law, in providing Verizon OSS
Services to BLC, Verizon will comply with Verizon's applicable OSS
Change Management Guidelines, as such Guidelines are modified
from time-to-time, including, but not limited to, the provisions of the
Guidelines related to furnishing notice of changes in Verizon OSS
47
Services. Verizon's OSS Change Management Guidelines will be set
out on a Verizon website.
8.3 BLC Usage Information.
8.3.1 Upon request by BLC, Verizon shall provide to BLC BLC Usage
Information. Such BLC Usage Information wil be provided in
accordance with, but only to the extent required by, Applicable Law.
8.3.2 BLC Usage Information will be available to BLC through Network Data
Mover (NOM) or other such media as mutually agreed by both Parties.
8.3.3 BLC Usage Information will 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,
BLC Usage Information will be provided to BLC shall be determined by
Verizon.
8.4.1
8.4 Access to and Use of Verizon ass Facilities.
8.4.2
8.4.3
8.4.4
8.4.5
8.4.6
8.4.7
BLC 10 comp v3.3
Verizon ass Facilities may be accessed and used by BLC only to the
extent necessary for BLC's access to and use of Verizon OSS
Services pursuant to this Agreement.
Verizon OSS Facilities may be accessed and used by BLC only to
provide Telecommunications Services to BLC Customers.
BLC shall restrict access to and use of Verizon ass Facilities to BLC.
This Section 8 does not grant to BLC any right or license to grant
sublicenses to other persons, or permission to other persons (except
BLC's employees, agents and contractors, in accordance with Section
8.4.7 of this Attachment), to access or use Verizon OSS Facilties.
BLC shall not (a) alter, modify or damage the Verizon OSS Facilties
(including, but not limited to, Verizon softare), (b) copy, remove,
derive, reverse engineer, or decompile, softare from the Verizon
ass Facilities, or (c) obtain access through Verizon OSS Facilities to
Verizon databases, facilities, equipment, softare, or systems, which
are not offered for BLC's use under this Section 8.
BLC 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).
All practices and procedures for access to and use of Verizon OSS
Facilties, and all access and user identification codes for Verizon OSS
Facilities: (a) shall remain the propert of Verizon; (b) shall be used by
BLC only in connection with BLC's use of Verizon ass Facilities
permitted by this Section 8; (c) shall be treated by BLC as Confidential
Information of Verizon pursuant to Section 10 of the General Terms
and Conditions; and, (d) shall be destroyed or returned by BLC to
Verizon upon the earlier of request by Verizon or the expiration or
termination of this Agreement.
BLC's employees, agents and contractors may access and use
Verizon OSS Facilties only to the extent necessary for BLC's access
48
to and use of the Verizon OSS Facilities permitted by this Agreement.
Any access to or use of Verizon ass Facilties by BLC'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 ass 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 BLC a
non-exclusive license to use Verizon OSS Information.
8.5.2 All Verizon ass Information shall at all times remain the propert of
Verizon. Except as expressly stated in this Section 8, BLC 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 ass
Information, except (a) BLC Usage Information, (b) CPNI of BLC, and
(c) CPNI of a Verizon Customer or a BLC Customer, to the extent the
Customer has authorized BLC to use the CPNI.
8.5.3.1 Verizon ass Information may be accessed and used by
BLC only to provide Telecommunications Services to BLC
Customers.
8.5.3.2 BLC shall treat Verizon ass Information that is designated
by Verizon, through written or electronic notice (including,
but not limited to, through the Verizon ass Services), as
"Confidential" or "Proprietary" as Confidential 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 BLC any right or license to grant
sublicenses to other persons, or permission to other
persons (except BLC's employees, agents or contractors, in
accordance with Section 8.5.3.4 of this Attachment), to
access, use or disclose Verizon OSS Information.
8.5.3.4 BLC's employees, agents and contractors may access, use
and disclose Verizon ass Information only to the extent
necessary for BLC's access to, and use and disclosure of,
Verizon ass Information permitted by this Section 8. Any
access to, or use or disclosure of, Verizon OSS Information
by BLC'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 BLC's license to use Verizon ass Information shall expire
upon the earliest of: (a) the time when the Verizon OSS
Information is no longer needed by BLC to provide
Telecommunications Services to BLC Customers; (b)
termination of the license in accordance with this Section 8;
or (c) expiration or termination of this Agreement.
BLC 10 comp v3.3 49
8.5.3.6 All Verizon ass Information received by BLC shall be
destroyed or returned by BLC to Verizon, upon expiration,
suspension or termination of the license to use such
Verizon ass 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), BLC's access to Verizon OSS Information through
Verizon ass 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
BLC to ascertain whether BLC is complying with the
requirements of Applicable Law and this Agreement with
regard to BLC's access to, and use and disclosure of,
Verizon ass 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 BLC's
access to and use of Verizon OSS Information which is
made available by Verizon to BLC pursuant to this
Agreement, to ascertain whether BLC is complying with the
requirements of Applicable Law and this Agreement, with
regard to BLC 's access to, and use and disclosure of, such
Verizon OSS Information. The foregoing right shall include,
but not be limited to, the right (but not the obligation) to
electronically monitor BLC's access to and use of Verizon
ass Information which is made available by Verizon to BLC
through Verizon ass Facilities.
8.5.5.3 Information obtained by Verizon pursuant to this Section
8.5.5 shall be treated by Verizon as Confidential Information
of BLC 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 Attachment to
enforce Verizon's rights under this Agreement or Applicable
Law.
8.5.6 BLC 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.
BLC 10 comp v3.3
8.6.1 Any breach by BLC, or BLC'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 BLC or an employee,
agent or contractor of BLC 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 thereoffrom Verizon, then,
except as otherwise required by Applicable Law, Verizon shall have
50
the right, upon notice to BLC, to suspend the license to use Verizon
ass Information granted by Section 8.5.1 of this Attachment and/or
the provision of Verizon ass Services, in whole or in part.
8.6.2 BLC agrees that Verizon would be irreparably injured by a breach of
Sections 8.4 or 8.5 of this Attachment by BLC or the employees,
agents or contractors of BLC, and that Verizon shall be entitled to seek
equitable relief, including injunctive relief and specific performance, in
the event of any such breach. Such remedies shall not be deemed to
be the exclusive remedies for any such breach, but shall be in addition
to any other remedies available under this Agreement or at law or in
equity.
8.7 Relation to Applicable Law.
The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the
confidentiality of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentiality of information,
including, but not limited to, 47 U.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.
BLC, at BLC's expense, shall reasonably cooperate with Verizon in using Verizon
OSS Services. Such cooperation shall include, but not be limited to, the
following:
8.8.1 Upon request by Verizon, BLC 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 BLC anticipates submitting in each week of the
next Calendar Quarter.
8.8.2 BLC 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.
8.8.3 BLC shall participate in cooperative testing of Verizon ass Services
and shall provide assistance to Verizon in identifying and correcting
mistakes, omissions, interruptions, delays, errors, defects, faults,
failures, or other deficiencies, in Verizon OSS Services.
8.9 Verizon Access to Information Related to BLC Customers.
8.9.1 Verizon shall have the right to access, use and disclose information
related to BLC Customers that is in Verizon's possession (including,
but not limited to, in Verizon OSS Facilities) to the extent such access,
use and/or disclosure has been authorized by the BLC Customer in
the manner required by Applicable Law.
Upon request by Verizon, BLC shall negotiate in good faith and enter
into a contract with Verizon, pursuant to which Verizon may obtain
access to BLC's operations support systems (including, systems for
pre-ordering, ordering, provisioning, maintenance and repair, and
billing) and information contained in such systems, to permit Verizon to
8.9.2
BLC 10 comp v3.3 51
obtain information related to BLC Customers (as authorized by the
applicable BLC 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 BLC 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 BLC shall afford Verizon non-discriminatory access to poles, ducts, conduits and
rights-of-way owned or controlled by BLC. Such access shall be provided
pursuant to BLC's applicable Tariffs, or, in the absence of an applicable BLC
Tariff, BLC'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
BLC for such access shall be no less favorable than the terms, conditions and
prices offered to BLC 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 BLC Customers served by
Telecommunications Services provided by Verizon to BLC for resale.
10.2 BLC's use of telephone numbers shall be subject to Applicable Law and the rules
of the North American Numbering Council, 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 BLC 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 BLC, from BLC to Verizon, or from BLC 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
BLC 10 comp v3.3 52
Service provided by Verizon to BLC 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 BLC under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a BLC 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,
BLC, or Telecommunications Carriers other than Verizon and BLC.
10.6 BLC may reserve telephone numbers only to the extent Verizon's Customers
may reserve telephone numbers.
11. Routing for Operator Services and Directory Assistance Traffc
For a Verizon Telecommunications Service dial tone line purchased by BLC for resale
pursuant to the Resale Attachment, upon request by BLC, Verizon wil establish an
arrangement that wil permit BLC to route the BLC Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by BLC. 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 BLC and a mutually
agreed-upon schedule. This routing arrangement wil be implemented at BLC's expense,
with charges determined on an individual case basis. In addition to charges for initially
establishing the routing arrangement, BLC wil be responsible for ongoing monthly and/or
usage charges for the routing arrangement. BLC shall arrange, at its own expense, the
trunking and other facilties required to transport traffc to BLC's selected provider of
operator and directory assistance services.
12. Unauthorized Carrier Change Charges
In the event either Party requests that the other Part 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 Part shall be
liable to the other Part 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 Part at any time after
the Customer is restored to its Customer-authorized condition.
13. Good Faith Penormance
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 BLC 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 Part may utilize the Agreement's dispute resolution
procedures.
BLC 10 comp v3.3 53
INTERCONNECTION ATTACHMENT
1. General
Each Party shall provide to the other Part, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of Interconnection on Verizon's network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of example,
a technically feasible Point of Interconnection on Verizon's network in a LATA would
include an applicable Verizon Tandem Interconnection Wire Center or Verizon End Offce
Interconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a BLC Interconnection Wire Center, BLC switch or any
portion of a transport facilty provided by Verizon to BLC or another part between (x) a
Verizon Interconnection Wire Center or switch and (y) the Interconnection Wire Center or
switch of BLC or another part. 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 Part, 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 BLC.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment, the
Parties wil use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffc, translated LEC IntraLATA
toll free service access code (e.g., 800/888/877) traffc, and
IntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffc, and,
Measured Internet Traffc, 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 BLC 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
IntraLATAllnterLATA toll free service access code (e.g.
800/888/877) traffic.
BLC 10 comp v3.3 54
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 will deploy
One-Way Interconnection Trunks (trunks with traffc going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way Interconnection Trunks (trunks with traffc going in
both directions).
2.2.4 BLC 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
BLC originates calls for Verizon to terminate.
2.2.5 In the event the volume of traffic between a Verizon End Offce 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 Part 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, BLC shaii promptly
submit an ASR to Verizon to establish new or augment existing End
Offce Two-Way Interconnection Trunk group(s) between that Verizon
End Offce 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
will be limited to a maximum of 240 trunks. In the event that the
volume of traffic between a technically feasible Point of
Interconnection on Verizon's network and a Verizon Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, BLC shall promptly submit an ASR to Verizon to establish new
or additional End Offce Trunks to insure that the volume of traffc
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 BLC to Verizon, BLC, at BLC'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
BLC 10 comp v3.3 55
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.
2.3.2 For each Tandem or End Office One-Way Interconnection Trunk group
for delivery of traffc from BLe to Verizon with a utilzation level of less
than sixty percent (60%) for final trunk groups and eighty-five percent
(85%) for high usage trunk groups, unless the Parties agree otherwise,
BLC 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 eighty-five percent
(85%) for all high usage trunk groups. In the event BLC fails to submit
an ASR to disconnect One-Way Interconnection Trunks as required by
this Section, Verizon may disconnect the excess Interconnection
Trunks or bil (and BLC shall pay) for the excess Interconnection
Trunks at the rates set forth in the Pricing Attachment.
2.3.3 Where the Parties use One-Way Interconnection Trunks for the
delivery of traffc from Verizon to BLC, Verizon, at Verizon's own
expense, shall provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of Interconnection on Verizon's network in
a LATA.
2.4 Two-Way Interconnection Trunks.
2.4.1 Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffc between Verizon and BLC, BLC, at its own
expense, shall:
2.4.2
2.4.3
BLC 10 comp v3.3
2.4.1.1 provide its own facilties to the technically feasible Point(s)
of Interconnection on Verizon's network in a LATA; and/or
2.4.1.2 obtain transport to the technically feasible Point(s) of
Interconnection on Verizon's network in a LATA (a) from a
third party, or, (b) if Verizon offers such transport pursuant
to a Verizon access Tariff, from Verizon.
Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffc between Verizon and BLC, Verizon, at its own
expense, shall provide its own facilities to the technically feasible
Point(s) of Interconnection on Verizon's network in a LATA.
Prior to establishing any Two-Way Interconnection Trunks, BLC shall
meet with Verizon to conduct a joint planning meeting ("Joint Planning
Meeting"). At that Joint Planning Meeting, each Part shall provide to
the other Part originating Centum Call Seconds (Hundred Call
Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Office and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
technically feasible Point(s) of Interconnection on Verizon's network in
a LATA at which the Parties interconnect for the exchange of 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
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
56
BLC 10 comp v3.3
2.4.4
2.4.5
2.4.6
2.4.7
2.4.8
2.4.9
2.4.10
2.4.11
On a semi-annual basis, BLC shall submit a good faith forecast to
Verizon of the number of End Office and Tandem Two-Way
Interconnection Trunks that BLC anticipates Verizon wil need to
provide during the ensuing two (2) year period for the exchange of
traffc between BLC and Verizon. BLC'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 facilities, where available.
With respect to End Offce Two-Way Interconnection Trunks, both
Parties shall use an economic Centum Call Seconds (Hundred Call
Seconds) equal to five (5). Either Part may disconnect End Office
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 BLC 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.
BLC shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffic carried on each Two-Way
Interconnection Trunk group. BLe 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. BLC 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 forthe applicable
design blocking objective. If Verizon observes blocking in excess of
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and BLC has not notified Verizon that it
has corrected such blocking, Verizon may submit to BLC a Trunk
57
2.4.12
2.4.13
Group Service Request directing BLC to remedy the blocking. Upon
receipt of a Trunk Group Service Request, BLC 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.
The Parties will review all Tandem Two-Way Intercpnnection Trunk
groups that reach a utilization level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
BLC 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 suffcient 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 utilzation level of less than sixty
percent (60%), unless the Parties agree otherwise, BLC wil promptly
submit ASRs to disconnect a suffcient number of Interconnection
Trunks to attain a utilization level of approximately sixty percent (60%)
for each respective group, unless the Parties agree that the Two-Way
Interconnection Trunks should not be disconnected. In the event BLC
fails to submit an ASR for Two-Way Interconnection Trunks in
conformance with this Section, Verizon may disconnect the excess
Interconnection Trunks or bill (and BLC shall pay) for the excess
Interconnection Trunks at the applicable Verizon rates.
Because Verizon wil not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
BLC'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.
BLC wil route its traffc to Verizon over the End Offce and Tandem
Two-Way Interconnection Trunks in accordance with SR-TAP-000191,
including but not limited to those standards requiring that a call from
BLC to a Verizon End Offce wil first be routed to the End Offce
Interconnection Trunk group between BLC and the Verizon End Offce.
3. Alternative Interconnection Arrangements
2.4.14
3.1.1
3.1 Fiber Meet Arrangement Provisions.
BLC 10 comp v3.3
Each Part 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 BLC nor any of BLC's affliates has an overdue balance
on any bill rendered to BLC or BLC's 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
58
BLC 10 comp v3.3
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 will complete and sign a Technical Specifications and
Requirements document, the form of which is attached hereto as
Exhibit A to Section 3 of the Interconnection Attachment Fiber Meet
Arrangement Provisions. Each such document wil be treated as
Confidential Information.
3.1.2 The Parties agree to consider the possibilty 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 Traffc between the Parties'
respective Telephone Exchange Service Customers;
3.1.3.2 Translated LEC IntraLA TA toll free service access code
(e.g., 800/888/877) traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.3 IntraLATA Toll Traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffc; 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 traffc 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 Party shall have any obligation to pay
the other Part 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
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 Party originating such traffc
shall compensate the terminating Part for the transport and
59
termination of such traffc 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 BLC 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 BLC's written request, a Fiber Meet arrangement established under
this Agreement may be used for the transmission and routing of the
following traffc types over the following trunk types:
3.1.4.1 Operator services traffic from BLe's Telephone Exchange
Service Customers to an operator services provider over
operator services trunks;
3.1.4.2 Directory assistance traffc from BLC's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 911 traffic from BLC's Telephone Exchange Service
Customers to 911/E-911 Tandem Offce(s)/Selective
Router(s) over 911 trunks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffc,
including translated InterLATA toll free service access code
(e.g., 800/888/877) traffc, between BLC's TelephoneExchange Service Customers and third-part 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 bill (and BLC 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 BLC 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 BLC determines to offer Telephone Exchange Services and to interconnect
with Verizon in any LATA in which Verizon also offers Telephone Exchange
Services and in which the Parties are not already interconnected pursuant to this
Agreement, BLC 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) BLC's intended Interconnection activation
BLC 10 comp v3.3 60
date; (d) a forecast of BLe's trunking requirements conforming to Section 14.2 of
this Attachment; and (e) such other information as Verizon shall reasonably
request in order to facilitate Interconnection.
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 BLC's notice
provided for in Section 4.1 of this Attachment, Verizon and BLC 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 Traffic
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
5.2.5
BLC 10 comp v3.3
For both One-Way and Two-Way Interconnection Trunks, if BLC
wishes to use a technically feasible interface other than a DS1 or a
DS3 facilty 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 utilze the Agreement's
dispute resolution procedures.
When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS3 interface facility, if BLC orders the multiplexed DS3
facilities to a Verizon Central Offce that is not designated in the NECA
4 Tariff as the appropriate Intermediate Hub location (Le., the
Intermediate Hub location in the appropriate Tandem subtending area
based on the LERG), and the provision of such facilties to the subject
Central Offce is technically feasible, the Parties shall negotiate in
good faith reasonable terms and conditions (including, without
limitation, rates and implementation timeframes) for such
arrangement; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation
timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Each Part will identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Part when
ordering a trunk group.
For multi-frequency (MF) signaling each Part will out pulse ten (10)
digits to the other Part, unless the Parties mutually agree otherwise.
Each Part 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 Part agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
61
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing BLC 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 (i.e., traffc wil be routed to the appropriate
Verizon Tandem subtended by the terminating End Offce serving the Verizon
Customer). For purposes of routing Verizon traffc to BLC, the subtending
arrangements between BLC Tandems and BLC End Offces shall be the same as
the Tandem/End Offce subtending arrangements that BLC maintains for the
routing of its own or other carriers' traffic.
5.4 Signaling.
Each Part wil provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Part'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. Traffc Measurement and Billng over Interconnection Trunks
6.1 For billng purposes, each Part shall pass Calling Part Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
Interconnection Trunks.
6.1.1 As used in this Section 6, "Traffic Rate" means the applicable
Reciprocal Compensation Traffc 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 Orders.
6.1.2 If the originating Part passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Part shall bill the originating Part the
Traffc 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 bil the originating Part for such
traffc at the Traffc Rate applicable to each relevant minute of traffc, in
direct proportion to the minutes of use of calls passed with CPN
information.
6.1.3 If the originating Part 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 Part shall bill the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffic that is passed without CPN, unless
the Parties agree that other rates should apply to such traffc.
6.2 At such time as a receiving Part has the capability, on an automated basis, to
use such CPN to classify traffc delivered over Interconnection Trunks by the
BLC 10 comp v3.3 62
other Part by Traffc 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
Traffc), such receiving Part shall bil the originating Part the Traffc Rate
applicable to each relevant minute of traffc for which CPN is passed. If the
receiving Part lacks the capabilty, on an automated basis, to use CPN
information on an automated basis to classify traffc delivered by the other Part
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 Part quarterly. Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of 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 traffc is Reciprocal Compensation Traffc or Measured Internet
Traffc shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the April 18, 2001 FCC Internet Order (including, but not
limited to, in accordance with the rebuttable presumption established by the April
18, 2001 FCC Internet Order that traffc delivered to a carrier that exceeds a 3:1
ratio of terminating to originating traffc is Measured Internet Traffc, and in
accordance with the process established by the April 18, 2001 FCC Internet
Order for rebutting such presumption before the Commission) as modified by the
November 5, 2008 FCC Internet Order and other applicable FCC orders and
FCC Regulations.
6.3 Each Part 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 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.
6.4 Nothing in this Agreement shall be construed to limit either Part's ability 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 BLC Customer receives V/FX Traffc, BLC 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
Traffc, 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 BLC Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the 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 Part originating Reciprocal
Compensation Traffc shall compensate the terminating Part 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 BLC
BLC 10 comp v3.3 63
shall pay Verizon) the End Offce Reciprocal Compensation rate set forth in the
Pricing Attachment for Reciprocal Compensation Traffc BLC physically delivers
to a POI at the Verizon Interconnection Wire Center in which the terminating
Verizon End Offce is located, and otherwise that Verizon shall charge (BLC shall
pay Verizon) the Tandem Reciprocal Compensation rate set forth in the Pricing
Attachment for Reciprocal Compensation Traffc BLC delivers to Verizon; it also
being understood and agreed that BLC shall charge (and Verizon shall pay BLC)
the End Offce Reciprocal Compensation rate set forth in the Pricing Attachment
for Reciprocal Compensation Traffc Verizon delivers to BLC. 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 BLC, or delivered by BLC for termination
by Verizon. No additional charges shall be assessed by the terminating Party for
the transport and termination of such traffc 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, BLC shall also pay Verizon, at the rates
set forth in the Pricing Attachment, for any multiplexing, cross connects or other
collocation related Services that BLC 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 Traffc from the technically feasible Point of Interconnection on
Verizon's network in a LATA to the terminating Part's Customer shall be
prorated so as to apply only to the Toll Traffc. The designation of traffic 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.
7.2.1
7.2 Traffc Not Subject to Reciprocal Compensation.
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
BLC 10 comp v3.3
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (i.e., 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 a 1 + presubscription basis, or on a
casual dialed (1 0XX101 XX) 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 traffc that is not switched by the terminating Part.
Reciprocal Compensation shall not apply to Tandem Transit Traffc.
Reciprocal Compensation shall not apply to Voice Information Service
Traffc (as defined in Section 5 of the Additional Services Attachment).
Reciprocal Compensation shall not apply to traffc that is not subject to
Reciprocal Compensation under Section 251(b)(5) of the Act.
Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffc (i.e., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traffc" is defined as calls in which a BLC
64
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, BLC shall pay Verizon's originating access charges for all V/FX
Traffc originated by a Verizon Customer, and BLC shall pay Verizon's
terminating access charges for all V/FX Traffc originated by a BLC
Customer.
7.3 The'Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by BLC to Verizon shall not
exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) billed by Verizon to BLC.
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 Orders and other applicable FCC
orders and FCC Regulations; and, (b) a Part shall not be obligated to pay any
intercarrier compensation for Internet Traffc that is in excess of the intercarrier
compensation for Internet Traffic that such Part is required to pay under the
FCC Internet Orders 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 traffc originating with a third part carrier and delivered by BLC to
Verizon, BLC shall pay Verizon the same amount that such third part carrier
would have been obligated to pay Verizon for termination of that traffc at the
location the traffic is delivered to Verizon by BLC.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Part transporting and/or terminating the
traffc.
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's and other
applicable FCC orders and FCC Regulations.
9. Transmission and Routing of Exchange Access Traffc
9.1 Scope of Traffc.
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 BLC Telephone Exchange Service
Customers and Interexchange Carriers ("Access Toll Connecting Trunks"), in any
case where BLC elects to have its End Office Switch subtend a Verizon Tandem.
This includes casually-dialed (1010XX and 101XX) traffc.
BLC 10 comp v3.3 65
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If BLC chooses to subtend a Verizon access Tandem, BLC's
NPAlNXX must be assigned by BLC 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 BLC 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
BLC's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Offce BLC utilizes to provide Telephone
Exchange Service and Switched Exchange Access to its Customers in
a given LATA to the access Tandem(s) Verizon utiizes 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 BLC'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 (MPB) Arrangements
10.1 BLC and Verizon will establish 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 MPB 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
BLC 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 BLC and Verizon will use reasonable efforts, individually and collectively, to
maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association (NECA) Tariff No.4, or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 In general, there are four alternative MPB arrangements possible, which are:
Single Bil/Single Tariff, Multiple Bil/Single Tariff, Multiple Bill/Multiple Tariff, and
Single Bil/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bill/Single Tariff' or "Multiple Bil/Multiple
Tariff' option, as appropriate, in order to bill an IXC for the portion of the MPB
arrangement provided by that Part. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Part may use the New York State
Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single
BLC 10 comp v3.3 66
Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be biled by each Part for the portion of the MPB arrangement
provided by it shall be as set forth in that Part's applicable Tariffs, or other
document that contains the terms under which that Part's access services are
offered. For each BLC Routing PoinWerizon Serving Interconnection Wire
Center combination, the MPB biling percentages for transport between the BLC
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 Part 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 BLC 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 BLC shall provide Verizon with the Originating Switched Access Detail Usage
Data (EMI category 11 01XX 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 BLC:
Brian Cox
Manager
11121 Highway 70
Suite 202
Arlington, Tennessee 38002
For Verizon:
Verizon Data Services
ATTN: MPB
1 East Telecom Parkway
Dock 0
Temple Terrace, FL 33637
Either Part may change its address for receiving usage data by notifying the
other Part in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 BLC and Verizon shall coordinate and exchange the billng account reference
(BAR) and billng account cross reference (BACR) numbers or Operating
Company Number ("OCN"), as appropriate, for the MPB arrangements described
in this Section 10. Each Part shall notify the other if the level of billing or other
BLC 10 comp v3.3 67
BARIBACR elements change, resulting in a new BARIBACR number, or if the
OCN changes.
10.12 Each Part agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirt (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 Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Part.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Part may conduct
additional audits, at its expense, upon the other Part's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilties whatsoever on the part of either Part.
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 BLC determines to offer Telephone Exchange Services in a LATA in
which Verizon operates an access Tandem Switch, Verizon shall permit and
enable BLe to subtend the Verizon access Tandem Switch(es) designated for
the Verizon End Offces in the area where there are located BLC 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 biling percentages
for each Routing PointlVerizon Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a/(a+b)=BLC Billing Percentage
and
b/(a+b)=Verizon Billng Percentage
where:
a = the airline mileage between BLC Routing Point and the actual
point of interconnection for the MPB arrangement; and
b = the airline mileage between the Verizon Serving Interconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
10.18 BLC shall inform Verizon of each LATA in which it intends to offer Telephone
Exchange Services and its calculation of the biling percentages which should
BLC 10 comp v3.3 68
apply for such arrangement. Within ten (10) Business Days of BLC's delivery of
notice to Verizon, Verizon and BLC 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 Part delivers toll free service access code
(e.g., 800/877/888)(1t8YVIt) calls to the other Party. For the purposes of this Section 11,
the terms Ittranslatedlt and "untranslatedlt refers to those toll free service access code
calls that have been queried (lttranslatedlt) or have not been queried (ltuntranslatedlt) to
an 8YV database. Except as otherwise agreed to by the Parties, all BLC originatingItuntranslatedlt 8YV traffc will be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When BLC delivers translated 8YV calls to Verizon to be completed by
11.1.1 an IXC:
11.1.1.1 BLC wil provide an appropriate EMI record to Verizon;
11.1.1.2 BLC wil bil the IXC the BLC's applicable Switched
Exchange Access Tariff charges and the BLC'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 BLC will provide an appropriate EMI record to Verizon; and
11.1.2.2 BLC will bill Verizon the BLC's Switched Exchange Access
Tariff charges and the BLC's applicable Tariff query charge.
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 BLC will provide an appropriate EMI record to Verizon and
the toll free service access code service provider;
11.1.3.2 BLC will bill the toll free service access code service
provider the BLC's applicable Switched Exchange Access
Tariff charges and the BLC's applicable Tariff query
charges; and
11.1.3.3 Verizon wil bill the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges.
11.2 When Verizon performs the query and delivers translated 8YV calls, originated
by Verizon's Customer or another LEC's Customer to BLC to be completed by
11.2.1 BLC:
11.2.1.1 Verizon will provide an appropriate EMI record to BLC; and
11.2.1.2 Verizon will bil BLC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges.
BLC 10 comp v3.3 69
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 BLC and
the toll free service access code service provider;
11.2.2.2 Verizon will bill the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges and Verizon's applicable Tariff query
charges; and
11.2.2.3 BLC will bill the toll free service access code service
provider the BLC's applicable Switched Exchange Access
Tariff charges.
11.3 When BLC delivers untranslated 8YV calls to Verizon to be completed by
11.3.1 anlXC:
11.3.1.1 Verizon will query the call and route the call to the
appropriate IXC;
11.3.1.2 Verizon will provide an appropriate EMI record to BLC;
11.3.1.3 Verizon wil bil the IXC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges; and
11.3.1.4 BLC wil bil the IXC BLC's applicable Switched Exchange
Access Tariff charges.
11.3.2 Verizon:
11.3.2.1 Verizori wil query the call and complete the call;
11.3.2.2 Verizon wil provide an appropriate EMI record to BLC;
11.3.2.3 BLC will bil Verizon the BLC's applicable Switched
Exchange Access Tariff charges.
a toll free service access code service provider in that LATA:11.3.3
11.3.3.1 Verizon will query the call and route the call to the
appropriate toll free service access code service provider;
11.3.3.2 Verizon wil provide an appropriate EMI record to BLC and
the toll free service access code service provider;
11.3.3.3 Verizon wil bill the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff and Verizon's applicable Tariff query charges; and
11.3.3.4 BLC wil bil the toll free service access code service
provider the BLC's applicable Switched Exchange Access
Tariff charges.
11.4 Verizon wil not direct untranslated toll free service access code calls to BLC.
12. Tandem Transit Traffic
BLC 10 comp v3.3 70
12.1 As used in this Section, Tandem Transit Traffc is Telephone Exchange Service
traffc that originates on BLC'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 Traffc.
12.2 Tandem Transit Traffic Service provides BLC with the transport of Tandem
Transit Traffc as provided below.
12.3 Tandem Transit Traffc may be routed over the Interconnection Trunks described
in Sections 2 through 6 of this Attachment. BLC shall deliver each Tandem
Transit Traffc call to Verizon's Tandem with CCS and the appropriate
Transactional Capabilties Application Part ("TCAP") message to facilitate full
interoperability of CLASS Features and biling functions.
12.4 BLC may use Tandem Transit Traffic Service only for traffc that originates on
BLC's network and only to send traffc to an Other Carrier with whom BLC has a
reciprocal traffc exchange arrangement (either via written agreement or mutual
tariffs) that provides for the Other Carrier, to terminate or complete traffc
originated by BLC and to bill BLC, and not to bill Verizon, for such traffc. BLC
agrees not to use Verizon's Tandem Transit Traffc Service to send traffc to an
Other Carrier with whom BLC does not have such a reciprocal traffc exchange
arrangement or to send traffc that does not originate on BLC's network.
12.5 BLC 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 BLC 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 biled by
any Other Carrier for any traffic originated by BLC, Verizon may provide notice to
BLC of such billng. Upon receipt of such notice, BLC shall immediately stop
using Verizon's Tandem Transit Traffc Service to send any traffc to such Other
Carrier until it has provided to Verizon certification that the Other Carrier has
removed such biled charges from its bil to Verizon and that the Other Carrier wil
not bil Verizon for any traffc originated by BLC. 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 BLC uses Tandem Transit Traffc Service for traffc 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
Offce of a particular Other Carrier for any month (the "Threshold Level"). BLC
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 BLC 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 BLC 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
BLC 10 comp v3.3 71
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 BLC switch, then BLC 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 part carrier. Upon written
request from Verizon, BLC shall offer to Verizon a service arrangement
equivalent to or the same as Tandem Transit Traffc Service provided by Verizon
to BLC 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 BLC Central Offce or its equivalent
("Reciprocal Tandem Transit Service"). BLC 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 Party from entering into
a direct and reciprocal traffc 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 Part'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.
13.2 It shall be the responsibilty of each Part to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Part's assigned
NXX codes. Except as expressly set forth. in this Agreement, neither Part shall
impose any fees or charges whatsoever on the other Part for such activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, BLC shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Verizon within the LATA and Tandem serving area. BLC shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing NXXs.
13.4 BLC wil also designate a Routing Point for each assigned NXX code. BLC shall
designate one location for each Rate Center Area in which the BLC 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 BLC wil be routed in
the same manner as calls to BLC'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 BLC's choices regarding the size of the local calling area(s)
that BLC may establish for its Customers, which local callng areas may be larger
than, smaller than, or identical to Verizon's local callng areas.
BLC 10 comp v3.3 72
14. Joint Network Implementation and Grooming Process; Forecasting
14.1 Joint Network Implementation and Grooming Process.
Upon request of either Part, 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
14.1.4
14.1.5
standards to ensure that Interconnection Trunks experience a grade of
service, availabilty and quality which is comparable to that achieved
on interoffce trunks within Verizon's network and in accord with all
appropriate relevant industry-accepted quality, reliabilty and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Part for Interconnection services wil 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
Offce to End Offce high usage trunks as good engineering practices
may dictate.
14.2.1
14.2 Trunk Forecasting Requirements.
14.2.2
BLC 10 comp v3.3
Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, BLC shall provide Verizon a two
(2)-year traffc forecast that complies with the Verizon Interconnection
Trunking Forecast Guide, as revised from time to time. This initial
traffc forecast wil provide the amount of traffc 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, BLC shall provide a
new or revised traffc forecast that complies with the Verizon
Interconnection Trunking Forecast Guide when BLC 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) BLC plans to deploy a new
switch; (b) BLC plans to implement a new POi or network architecture;
(c) BLC plans to rearrange its network; (d) BLC plans to convert a
One-Way Interconnection Trunk group to a Two-Way Interconnection
Trunk group; (e) BLC plans to convert a Two-Way Interconnection
Trunk group to a One-Way Interconnection Trunk group; or (f) BLC
expects a significant change in interconnection traffc volume. In
addition, upon request by either Part, 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
73
14.2.3
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 BLC 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
15.2.3
15.2.4
BLC 10 comp v3.3
A Customer of one Part ("Part A") elects to become a Customer of
the other Part ("Part B"). The Customer elects to utilze 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 Party B. After
Part B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Part 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 Part A's network, Part A
wil remove any non-proprietary line based calling 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 Part B's Customer.
When a Customer of Part A ports their telephone numbers to Part 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. Part B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Part B. As long as Part B maintains reserved but
inactive numbers ported for the Customer, Part A shall not reassign
those numbers. Part B shall not reassign the reserved numbers to
another Customer.
When a Customer of Part 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 triggerteature where it is available.
When Part 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 Part B must coordinate the disconnect activity.
74
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 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.
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 will act as the default carrer for the other
Part in the event that either Part is unable to perform the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
15.2.5
15.2.6
15.2.7
15.2.8
Where a Part 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 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 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.
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.
15.4.1
BLC 10 comp v3.3
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 Part A. Part A will 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.
75
15.4.2 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 Offces, as set
forth in this Section 15.4.
15.5 BLC 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).
16. Good Faith Penormance
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 BLC 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 Part may utilize the Agreement's dispute resolution
procedures.
BLC 10 comp v3.3 76
TRAFFIC EXCHANGE ATTACHMENT
1. General
Where both Parties subtend the same Tandem Switch operated by a third party (such
third part hereinafter referred to as the "Third Part Tandem Providet' and such switch
hereinafter referred to as the "Third Part Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPAlNXX codes assigned by each Part to
Rate Center Areas served by that Third Part Tandem Switch, the Parties may
reciprocally exchange Reciprocal Compensation Traffic, Measured Internet Traffc,
intraLATA Toll Traffc, and translated IntraLATA toll free service access code traffc,
originated by their respective Customers, through that Third Part 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 Party Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffc, Measured Internet Traffc, IntraLATA Toll Traffic, and
translated IntraLAT A toll free service access code traffc under this Attachment,
each Part must have established and must maintain its own interconnection and
compensation arrangements with the Third Part Tandem Provider for the routing
and exchange of the foregoing traffc between the Parties under this Attachment
(e.g., arrangements that permit the subject traffc to be exchanged through the
Third Part 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 Part and the Third Party Tandem
Provider are terminated (e.g., where a Third Party Tandem Provider
does not permit a Part to exchange the foregoing traffc using the
Third Party Tandem Switch), that Party shall promptly give written
notice thereof to the other Part. Absent the existence of such
arrangements with the Third Part Tandem Provider, each Part shall
have the right, on written notice to the other Party, to discontinue
exchanging the foregoing traffc with the other Part (Le., receiving
such traffc from or, sending such traffc to, the other Part) under this
Attachment.
2.1.2 Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Part may discontinue
exchanging the foregoing traffc with the other Part under this
Attachment.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, BLC shall provide
Verizon a two (2)-year traffc 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 traffc through a Third Part Tandem Switch in a LATA,
BLC shall provide a new or revised traffic forecast when BLC develops
plans or becomes aware of information that wil materially affect the
BLC 10 comp v3.3 77
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) BLC plans to deploy a new switch; (ii) BLC
plans to implement interconnection in accordance with the
Interconnection Attachment or a new network architecture; (iii) BLC
plans to rearrange its network; or (iv) BLC expects a significant
change in traffc volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on BLC or Verizon.
2.3 Prior to exchanging traffic through a Third Part Tandem Switch, BLC shall meet
with Verizon to conduct a joint planning meeting ("Third Part Tandem Provider
Joint Planning Meeting"). At that Third Party Tandem Provider Joint Planning
Meeting, each Part shall, among other things, provide to the other Part
originating Centum Call Second (Hundred Call Second) information.
2.4 If and, when, the volume of traffc exchanged between a Verizon End Offce and
BLC switch through a Third Part Tandem Switch exceeds (a) the Centum 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 Centum
Call Seconds (BHCCS) of use for a single month, upon the written request of
either Part, 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 traffc through the Third
Part Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffc but, on an overfow basis, through the Third Part Tandem Switch.
2.5 Nothing in this Attachment shall be read to require either Part to establish
and/or maintain a subtending arrangement with a Third Party Tandem Provider.
3. Initiating Traffic Exchange Under This Attachment
3.1 If BLC determines to offer Telephone Exchange Services and wishes to
exchange traffc with Verizon through a Third Part Tandem Switch in any LATA
in which Verizon also offers Telephone Exchange Services, BLC 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) BLC's
proposed traffc exchange activation date; (b) a forecast of BLC's traffic volumes
conforming to Section 2 of this Attachment; and (c) such other information as
Verizon shall reasonably request in order to facilitate traffc 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. Traffc Measurement and Biling
4.1 The Parties agree that they wil make commercially reasonable efforts to obtain
and utilize accurate and complete recordings, of any traffc exchanged between
them under this Attachment, for use in biling.
BLC 10 comp v3.3 78
4.2 At such time as a receiving Party has the capability, on an automated basis, to
use CPNto classify traffc from the other Part, exchanged under this
Attachment, by traffc type (Le., Reciprocal Compensation Traffc, Measured
Internet Traffc, intraLATA Toll Traffic, and IntraLATA toll free service access
code traffc), such receiving Part shall bill the originating Part the rate
applicable to each relevant minute of traffic for which CPN is received. If the
receiving Part lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffc received from the other Part
by traffc type, the originating Part wil supply Traffc Factor 1 and Traffc Factor
2. In any case, the Traffc Factors shall be supplied in writing by the originating
Party within thirt (30) days of the Effective Date and shall be updated in writing
by the originating Part quarterly. Measurement of biling minutes for purposes
of determining terminating compensation shall be in conversation seconds (the
time in seconds that a Part's 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 traffc is Reciprocal Compensation Traffc 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 traffc is Measured Internet Traffc, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
4.3 Each Part 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 Part'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.
4.5 If and, to the extent that, a BLC Customer receives V/FX Traffc exchanged
under this Attachment, BLC shall promptly provide notice thereof to Verizon
(such notice to include, without limitation, the specific telephone number(s) that
the Customer uses for VlFX Traffc, as well as the LATA in which the Customets
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 BLC Customers.
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) ofthe Act
5.1 Reciprocal Compensation.
The Party originating Reciprocal Compensation Traffc shall compensate the
terminating Part 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 Part Tandem Provider is providing the tandem functionally to
both Parties, Verizon shall charge (and BLC shall pay Verizon) the End Offce
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffc Verizon receives from BLC and BLC shall charge (and
BLC 10 comp v3.3 79
Verizon shall pay BLC) the End Offce Reciprocal Compensation rate set forth in
the Pricing Attachment for Reciprocal Compensation Traffc BLe receives from
Verizon. No additional charges shall be assessed by the terminating Part for
the transport and termination of such traffc received from the other Part;
provided, however, for the avoidance of any doubt, neither Part may assess
upon, or pass through to, the other Part any charges billed 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 Traffc)), 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 Traffc, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (1 0XX101XX) basis.
5.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Callng Area Traffc.
5.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffc that is not switched by the terminating Part.
5.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffc.
5.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffc (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
Traffc (Le., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traffc" is defined as calls in which a BLC
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, BLC shall pay Verizon's originating access charges for all V/FX
Traffc originated by a Verizon Customer, and BLC shall pay Verizon's
terminating access charges for all V/FX Traffc originated by a BLC
Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by BLC 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 BLC.
6. Other Types of Traffic
BLC 10 comp v3.3 80
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 Traffc that is in excess of the intercarrier
compensation for Internet Traffc that such Part 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, IntraLATA 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 part carrier and delivered by BLC to
Verizon, BLC shall pay Verizon the same amount that such third part carrier
would have been obligated to pay Verizon for termination of that traffc at the
location the traffc is delivered to Verizon by BLC.
6.4 Notwithstanding any provision of this Agreement or otherwise, no Interexchange
Carrier (lXC) traffc may be exchanged under this Attachment.
6.5 Any traffic not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Part transporting and/or terminating the
traffc.
7. Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Part delivers IntraLA T A toll free service
access code (e.g., 800/877/888) ("8VY") calls to the other Part 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 8VY database.
7.1 When BLC delivers translated IntraLATA 8VY calls to Verizon for completion:
7.1.1 by Verizon:
7.1.1.1 BLC wil provide an appropriate EMI record to Verizon; and
7.1.1.2 BLC wil bil Verizon the BLC's Switched Exchange Access
Tariff charges and the BLC's applicable Tariff query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 BLC wil provide an appropriate EMI record to Verizon and
the toll free service access code service provider; and
7.1.2.2 BLC wil bil the toll free service access code service
provider the BLC's applicable Switched Exchange Access
Tariff charges and the BLC'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.
7.2 When Verizon performs the query and delivers translated IntraLATA 8VY calls,
originated by Verizon's or another LEC's Customer for completion:
BLC 10 comp v3.3 81
7.2.1 by BLC:
7.2.1.1 Verizon wil provide an appropriate EMI record to BLC; and
7.2.1.2 Verizon wil bill BLC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges.
7.2.2 by a toll free service access code service provider in that LATA:
7.2.2.1 Verizon wil provide an appropriate EMI record to BLC and
the toll free service access code service provider; and
7.2.2.2 Verizon will bil 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 BLC wil bil the toll free service access code service
provider the BLC's applicable Switched Exchange Access
Tariff charges.
7.3 Verizon wil not direct untranslated toll free service access code calls to BLC.
BLC will 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 Part's right to employ or to request and be assigned
any Central Offce Codes (UNXX") 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 Part 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 Part's assigned NXX codes.
Except as expressly set forth in this Agreement, neither Part 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 Part. During the term of this Agreement, BLC shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Verizon within the LATA and Tandem serving area. BLC shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing NXXs.
8.4 BLC wil also designate a Routing Point for each assigned NXX code. BLC shall
designate one location for each Rate Center Area in which the BLC 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 BLC wil be routed in
the same manner as calls to BLC'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
BLC 10 comp v3.3 82
any way constrain BLC's choices regarding the size of the local callng area(s)
that BLC may establish for its Customers, which local callng areas may be larger
than, smaller than, or identical to Verizon's local calling areas.
9. Number Portabilty - Section 251 (B)(2)
9.1 Scope.
The Parties shall provide Number Portability (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 will follow the LNP provisioning process recommended by the North
American Numbering Council (NANG) 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
9.2.5
BLC 10 comp v3.3
A Customer of one Part ("Part A") elects to become a Customer of
the other Part ("Party B"). The Customer elects to utilze 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
Part B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Part A, Parties A and B will
work together to port the Customer's telephone number(s) from Part
A's network to Part B's network.
When a telephone number is ported out of Part A's network, Part A
will 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 responsibilty of Party B or Part B's Customer.
When a Customer of Part A ports their telephone numbers to Part 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. Part B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Part B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Part A shall not reassign
those numbers. Part B shall not reassign the reserved numbers to
another Customer.
When a Customer of Party A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Part A
shall implement the ten-digit trigger feature where it is available. When
Part 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 Part B must coordinate the disconnect activity.
The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM).
83
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 will be equipped with LNP capabilty 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 will act as the default carrier for the other
Part in the event that either Part is unable to perform the routing
necessary for LNP.
9.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Part 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 will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer. ,
9.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End 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 Offce of
Part A, which is not currently capable, Party B shall issue a LNP
request to Part A. Part 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.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offces of the other through the Local Exchange Routing Guide
BLC 10 comp v3.3 84
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offces, as set
forth in this Section 9.4.
9.5 BLC 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 Penormance
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 BLC 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 Part may utilize the Agreement's dispute resolution
procedures.
BLC 10 comp v3.3 85
1. General
RESALE ATTACHMENT
Verizon shall provide to BLC, 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 BLC; provided, that notwithstanding any other
provision of this Agreement, Verizon shall be obligated to provide Telecommunications
Services to BLC only to the extent required by Applicable Law and may decline to provide
a Telecommunications Service to BLC 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 BLC under this
Resale Attachment only for the purpose of resale by BLC as a
Telecommunications Carrier. Verizon Telecommunications Services to be
purchased by BLC for other purposes (including, but not limited to, BLC's own
use) must be purchased by BLC pursuant to other applicable Attachments to this
Agreement (if any), or separate written agreements, including, but not limited to,
applicable Verizon Tariffs.
2.2.1
2.2 BLC shall not resell:
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
BLC 10 comp v3.3
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 BLC to comply with this
Section 2.2, BLC shall take those actions required by Applicable Law
to determine the eligibility of BLC 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. BLC shall indemnify Verizon
from any Claims resulting from BLC's failure to take such actions
required by Applicable Law.
Verizon may perform audits to confirm BLC'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.
86
2.3 BLC 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 facilities continue
to be available to provide such Telecommunications Service.
2.4 BLC 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 BLC Customers.
3. Availabilty of Verizon Telecommunications Services
3.1 Verizon wil provide a Verizon Telecommunications Service to BLC 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 BLC.
3.3 To the extent required by Applicable Law, the Verizon Telecommunications
Services to be provided to BLC 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 BLC.
4. Responsibilty for Charges
4.1 BLC 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
BLC, BLC Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Verizon to BLC
pursuant to this Resale Attachment.
4.2 Upon request by BLC, Verizon wil provide for use on resold Verizon retail
Telecommunications Service dial tone lines purchased by BLC such Verizon
retail Telecommunications Service call blocking and call screening services as
Verizon provides to its own end user retail Customers, where and to the extent
Verizon provides such Verizon retail Telecommunications Service call blocking
services to Verizon's own end user retail Customers. BLC 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 BLC's purchase
of such blocking or screening services, BLC's end user Customers or other
persons ordering, activating or using Telecommunications Services on the resold
BLC 10 comp v3.3 87
dial tone lines may complete or accept calls which BLC intended to block.
Notwithstanding the foregoing, BLC 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 facilties, equipment, softare, information, and wiring used to
provide Verizon Telecommunications Services.
5.1.2 Verizon shall have access at all reasonable times to BLC Customer
locations for the purpose of installng, inspecting, maintaining,
repairing, and removing, facilties, equipment, softare, and wiring
used to provide the Verizon Telecommunications Services. BLC shall,
at BLC'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 facilties, equipment, softare, or wiring provided by BLC or
BLC 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 BLC, 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 BLC to use Verizon's Marks.
5.2.2 To the extent required by Applicable Law, upon request by BLC and at
prices, terms and conditions to be negotiated by BLC and Verizon,
Verizon shall provide Verizon Telecommunications Services for resale
that are identified by BLC's trade name, or that are not identified by
trade name, trademark or service mark.
5.2.3 If Verizon uses a third-part contractor to provide Verizon operator
services or Verizon directory assistance, BLC will be responsible for
entering into a direct contractual arrangement with the third-part
contractor at BLC's expense (a) to obtain identification of Verizon
operator services or Verizon directory assistance purchased by BLC
for resale with BLC's trade name, or (b) to obtain removal of Verizon
Marks from Verizon operator services or Verizon directory assistance
purchased by BLC for resale.
6. Rates and Charges
The rates and charges for Verizon Telecommunication Services purchased by BLC for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
BLC 10 comp v3.3 88
Attachment.
7. Good Faith Penormance
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 BLC 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 Part may utilize the Agreement's dispute resolution
procedures.
BLC 10 comp v3.3 89
NETWORK ELEMENTS ATTACHMENT
1. General
1.1 Verizon shall provide to BLC, 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 BLC
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 BLC 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 facilities 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 BLC 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 BLC. Without limiting the foregoing, BLC 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 BLC, and BLC 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 RuJes, or (ii) a Network
Element Verizon is required by the Federal Unbundling Rules to provide to BLC
on an unbundled basis or in combination with other Network Elements.
1.5 If as the result of BLC Customer actions (e.g., Customer Not Ready ("CNR")),
Verizon cannot complete requested work activity when a technician has been
dispatched to the BLC Customer premises, BLC will be assessed a non-recurring
charge associated with this visit. This charge will be the sum of the applicable
Service Order charge as provided in the Pricing Attachment and the Customer
Not Ready Charge provided for in the Pricing 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).
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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 Facilities.
1.6.1.1 Verizon may cease offering or providing BLC with access
on an unbundled basis at rates prescribed under Section
251 of the Act to any facility that is or becomes a
Discontinued Facility, 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 Facilty that is a
Discontinued Facilty 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 BLe. Subject to Section 1.7 below,
if a facility 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 Facilty, 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 Facilty pursuant to Section 1.6.1 above and
BLC 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 Facility without further
notice to BLC. 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 tariff (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 BLC is then enrolled), a
resale arrangement, or other analogous arrangement that
Verizon shall identify or has identified in writing to BLC, 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 applies under an applicable special
access term/volume plan or other special access tariff
arrangement in which BLC is then enrolled), a resale
arrangement, or other analogous arrangement that Verizon
shall identify or has identified in writing to BLC; provided,
however, that Verizon may disconnect the subject
BLC 10 comp v3.3 91
Discontinued Facility (or the replacement service to which
the Discontinued Facility has been converted) if BLC fails to
pay when due any applicable new rate or surcharge billed
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
BLC seeks to convert from another wholesale service to an unbundled
network element (collectively, "TRRO Certification Elements"), BLe
must undertake a reasonably diligent inquiry and, based on that
inquiry, certify that, to the best of its knowledge, BLC's request is
consistent with the requirements of the TRRO and that BLC is entitled
to unbundled access to the subject element pursuant to section
251 (c)(3) of the Act. BLC shall provide such certification using the
automated method that Verizon makes available for that purpose.
BLC's reasonably diligent inquiry must include, at a minimum,
consideration of any list of non-impaired UNE Wire Centers that
Verizon makes or has made available to BLC 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 BLC
under a non-disclosure agreement or that is otherwise available to
BLC.
1.7.2 Provision-then-Dispute Requirements.
1.7.2.1 Upon receiving a request from BLC 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 BLC'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 pursuant to section 1.7.2.1 above is resolved in
Verizon's favor, then BLC shall compensate Verizon for the
additional charges that would apply if BLC 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 UNE and access
tariff rates). The month-to-month rates shall apply until
such time as BLC requests disconnection of the subject
facility or an alternative term that Verizon offers under its
interstate special access tariff for the subject facilty or
service.
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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 BLC 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
thirt (30) days of the date on which the dispute
is resolved in Verizon's favor. In any case
where BLC, within thirt (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 facilty, 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 BLC order for a TRRO Certification
Element without first seeking dispute resolution: (a) in any
case where BLC's order conflicts with a provision of a
Verizon Tariff, (b) in any case where BLC's order conflicts
with a non-impaired UNE Wire Center designation set forth
in a Wire Center List that Verizon has made available to
BLC by notice and/or by publication on Verizon's wholesale
website, (c) in any case where BLC'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 BLC was a part 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, facilty, 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
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, facility, 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.
BLC 10 comp v3.3 93
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 BLC
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 "Interoffce 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 BLC 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 BLC 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
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 facilties or modify existing facilties
except to the extent required in Section 17 of this Attachment.
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3.1.2
3.1.3
3.1.4
3.1.5
"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 will operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Verizon TR-72570, as
revised from time-to-time. Verizon wil not build new facilities 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 2B1 Q line code. This Loop
type is more fully described in American National Standards Institute
(ANSI) T1.601-1998 and Verizon TR 72575, as revised from time-to-
time. In some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Verizon wil 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, BLC may order a 2-Wire Digital Compatible
Loop using 2-wire ISDN ordering codes to provide similar capabilty.
Verizon will not build new facilties or modify existing facilties 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 facilities 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, BLC may order a 2-
Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capability.
"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 de line power limits referenced in Verizon TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops wil be provided only where existing facilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, BLe may order a 2-Wire Digital
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capabilty. Verizon will not build new facilities or modify existing
facilties except to the extent required in Sections 3.2 or 17 of this
Attachment.
95
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3.1.6
3.1.7
3.1.8
3.1.9
"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 facilities are available and
can meet applicable specifications. Verizon will not build new facilities
or modify existing facilities 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 E1.4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallic Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, BLC may order a 2-
Wire Digital Compatible Loop using ISDN ordering codes to provide
similar capability. Verizon wil not build new facilties or modify existing
facilties 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 E 1.4/2000-002R3, 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, BLC
may order a 2-Wire Digital Compatible Loop to provide similar
capability. SDSL-compatible local loops will be provided only where
facilties are available and can meet applicable specifications. Verizon
wil not build new facilties or modify existing facilties except to the
extent required in Sections 3.2 or 17 of this Attachment.
"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 dataport transport capability. Verizon shall
provide 4-Wire 56 kbps Loops to BLC in accordance with, and subject
to, the technical specifications set forth in Verizon TR-72575, as
revised from time-to-time. Verizon will not build new facilties or
96
modify existing facilities except to the extent required in Section 17 of
this Attachment.
3.1.10 "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 DS1
transmission rate. If, at the requested installation date, the electronics
necessary to provide the DS1 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 faciliies 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 BLC, the OS 1 Loop will be furnished with Clear
Channel (B8ZS) signaling. Verizon wil 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 OS 1-capacity Loops under the TRRO pursuant to
Section 1 of this Attachment, the term "OS 1 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachmentthat 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 DS1 Loop set forth in
this section.
3.1.11 "DS3 Loops" will 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 wil not build new facilities and wil 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.
3.1.12 In the former Bell Atlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific BLC requirements
for metallic loops over 18k ft. or for conditioning of ADSL, HDSL,
SDSL, IDSL, or BRI ISDN Loops. "Digital Designed Loops" may
include requests for:
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;
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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;
3.1.12.7 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;
3.1.13 Verizon shall make Digital Designed Loops available BLC at the rates
as set forth in the Pricing Attachment.
3.1.14 In the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific BLC 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:
3.1.14.1 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 be a
"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");
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 BLC 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
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3.2.1
3.2.2
3.2.3
3.2.4
BLC 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 Offce 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 wil
be stored in a mechanized database and made available to BLC as
the process is completed in each Central Offce. BLC must utilze 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.
BLC must access Verizon's mechanized loop qualification system
through the use of the on-line computer interface at
www.verizon.com/wise in advance of submitting a valid electronic
transmittal Service Order for xDSL service arrangements. The loop
qualification information provided by Verizon gives BLC the abilty 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 BLC to evaluate the loop qualification information
provided by Verizon and determine whether a loop meets BLC
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, BLC must request a manual loop
qualification, where such qualification is available, prior to submitting a
valid electronic Service Order for an xDSL Compatible or BRI ISDN
Loop. In general, Verizon 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 process is
currently available in the former Bell Atlantic Service Areas only.
If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.g., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), BLC 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).
99
BLC 10 comp v3.3
3.2.5 Once a Loop has been pre-qualified, BLC wil submit a Service Order
pursuant to Section 3.2.1 of this Attachment if it wishes to obtain the
Loop.
3.2.6
3.2.7
3.2.8
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 will
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals wil
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 will
search the Customer's serving terminal for a suitable spare
facility. If an xDSL Compatible Loop is found within the
serving terminal, Verizon will perform a Line and Station
Transfer (or "pair swap") whereby the Verizon technician wil
transfer the Customer's existing service from one existing
Loop facilty onto an alternate existing xDSL Compatible
Loop facilty 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 BLC submits a Service Order for an xDSL Compatible or BRI ISDN
Loop that has not been prequalified, Verizon will query the Service
Order back to BLC for qualification and wil not accept such Service
Order until the Loop has been prequalified on a mechanized or manual
basis. If BLC 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 wil respond
back to BLC with a "Nonqualified" indicator and with information
showing whether the non-qualified result is due to the presence of load
coils, presence of digital loop carrier, or loop length (including bridged
tap).
Where BLC 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 the applicable
service; or if BLC is already aware of the conditioning required (e.g.,
where BLC has previously requested a qualification and has obtained
loop characteristics), BLC 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 BLC's valid, accurate and pre-qualified Service Order for a
Digital Designed Loop.
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 BLC, an interval of
eighteen (18) Business Days will be required by Verizon to complete
100
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
BLC'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
will initiate the construction order to perform the
changes/modifications to the Loop requested by BLC.
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 wil be initiated,
subject to Verizon's standard provisioning intervals.
3.2.9 If BLC requires a change in scheduling, it must contact Verizon to
issue a supplement to the original Service Order. If BLC cancels the
request for conditioning after a loop analysis has been completed but
prior to the commencement of construction work, BLC shall
compensate Verizon for an Engineering Work Order charge as set
forth in the Pricing Attachment. If BLC cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, BLC 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 Unbundled Local
Loops (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 BLC Telephone Exchange Services provisioned over
Analog 2W Loops to be provided by Verizon to BLC:
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 BLC does not
request a coordinated cutover, Verizon wil process BLC's
order as a new installation subject to applicable standard
provisioning intervals.
3.3.1.2 BLC 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 BLC the date and time for the conversion designated
on the LSR ("Scheduled Conversion Time"), provided that
such designation is within the regularly scheduled operating
hours of the Verizon Regional CLEC Control Center
("RCCC") and subject to the availability of Verizon's work
force. In the event that Verizon's work force is not
BLC 10 comp v3.3 101
available, BLC and Verizon shall mutually agree on a New
Conversion Time, as defined below. BLC 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 BLC the scheduled due date
for conversion of the Analog 2W Loops covered by such
LSR.
3.3.1.3 BLC shall provide dial tone at the BLC collocation site at
least fort-eight (48) hours prior to the Scheduled
Conversion Time.
3.3.1.4 Either Party may contact the other Part 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 Part 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 Part 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 BLC; and
3.3.1.5.2 If BLC requests to reschedule outside the one
(1) hour time frame above, BLC shall be
charged an additional Analog 2W Loops Service
Order Charge for rescheduling the conversion to
the New Conversion Time.
3.3.1.6 If BLC 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 thirt (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Verizon and BLC wil reschedule and, upon request from
BLC, 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
BLC 10 comp v3.3 102
Analog 2W Loops to BLC 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 will be completed according to
North American Numbering Council (NAN C) standards, via
the regional Number Portabilty Administration Center
(NPAC).
3.3.1.9 If BLC 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, BLC 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 FTP 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 BLC'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 BLC with nondiscriminatory
access on an unbundled basis to a transmission path capable of
providing DSO voice grade service to that end user's 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
Tariff or SGAT, BLC shall not be entitled to obtain access to the
Packet Switched features, functions, or capabilties 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 BLC 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 BLC 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
BLC 10 comp v3.3 103
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 Office serving an end user to
the demarcation point at the end user's Customer premises. This
access includes access to all features, functions, and capabilties 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 BLC 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
BLC 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 BLC 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 BLC 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 BLC, 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
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, BLC shall
be responsible for any of the following charges that apply in
the event the technically feasible option involves
construction, installation, or modification of facilities: (a) an
engineering query charge for preparation of a price quote;
(b) upon BLC'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 BLC after construction work has
started, BLC shall be responsible for cancellation charges
BLC 10 comp v3.3 104
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 "DLECtI). 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, BLC 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 Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between BLC and another CLEC shall be accomplished by
prior negotiated arrangement between BLC and the other CLEC. BLC 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 thirt (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 BLC. 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 offce wiring, loop qualification
charges, and OSS charges.
4.4 In order to facilitate BLC's engaging in Line Splittng pursuant to this Section 4,
BLC may order for use in a Line Splittng arrangement, those Network Elements,
Combinations, Collocation arrangements, services, facilties, equipment and
arrangements, appropriate for Line Splitting, that are offered to BLC by Verizon
under the other sections of this Agreement. Such Network Elements,
Combinations, Collocation arrangements, services, facilities, equipment and
arrangements, wil be provided to BLC 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, facilities, equipment and
arrangements, for Line Splitting only to the extent required by the Federal
Unbundling Rules.
4.5 BLC and/or the other participating CLEC shall provide any splitters and/or Digital
Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
BLC 10 comp v3.3 105
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 BLC'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
BLC, Verizon shall allow BLC 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 BLC 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 BLC, Verizon shall provide BLC with access to a Sub-Loop
Distribution Facility 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 BLC with access to a Sub-Loop Distribution Facilty in accordance with,
but only to the extent required by, the Federal Unbundling Rules.
6.1.1
6.1.2
BLC 10 comp v3.3
BLC may request that Verizon reactivate (if available) an unused drop
and NID or provide BLC with access to a drop and NID that, at the
time of BLC's request, Verizon is using to provide service to the
Customer (as such term is hereinafter defined).
Upon site-specific request, BLC may obtain access to the Sub-Loop
Distribution Facility 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 Facility if a technician
must access the facility by removing a splice case to reach the wiring
within the cable. BLC 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 BLC is collocated at a remote terminal equipment enclosure and the
FDI for such Sub-Loop Distribution Facility is located in such
enclosure, from the collocation arrangement of BLC at such terminaL.
If BLC obtains access to a Sub-Loop Distribution Facility from a
TOPIC, BLC shall install a TOPIC on an easement or Right of Way
106
BLC 10 comp v3.3
obtained by BLC 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 BLC 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 BLC for any of BLC's
electronics in the TOPIC. BLC 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.
6.1.3 BLC may request from Verizon by submitting a loop make-up
engineering query to Verizon, and Verizon shall provide to BLC, the
following information regarding a Sub-Loop Distribution Facility that
serves an identified Customer: the Sub-Loop Distribution Facility'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 Facility; and, the location of the FDI to which the
Sub-Loop Distribution Facility is connected.
6.1.4 To order access to a Sub-Loop Distribution Facilty from a TOPIC,
BLC must first request that Verizon connect the Verizon FDI to which
the Sub-Loop Distribution Faciliy is connected to a BLC TOPIC. To
make such a request, BLC must submit to Verizon an application (a
"Sub-Loop Distribution Facility Interconnection Application") that
identifies the FDI at which BLC wishes to access the Sub-Loop
Distribution Facility. A Sub-Loop Distribution Facilty 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 BLC's demand for access to
Sub-Loop Distribution Facilities at the requested FDI. BLC 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. BLC must submit Sub-Loop
Interconnection Applications to:
BLC's Account Manager
6.1.5 Within sixty (60) days after it receives a complete Sub-Loop
Distribution Facility Interconnection Application for access to a Sub-
Loop Distribution Facility and the Sub-Loop Distribution Facilty
Application Fee for such application, Verizon shall provide to BLC a
work order that describes the work that Verizon must perform to
provide such access (a "Sub-Loop Distribution Facilty Work Orden
and a statement of the cost of such work (a "Sub-Loop Distribution
Faciliy Interconnection Cost Statement").
BLC shall pay to Verizon fifty percent (50%) of the cost set forth in a
Sub-Loop Distribution Facility Interconnection Cost Statement within
sixty (60) days of BLC's receipt of such statement and the associated
Sub-Loop Distribution Facility Work Order, and Verizon shall not be
obligated to perform any of the work set forth in such order until
6.1.6
107
BLC 10 comp v3.3
6.1.7
6.1.8
6.1.9
6.1.10
6.1.11
Verizon has received such payment. A Sub-Loop Distribution Facility
Interconnection Application shall be deemed to have been withdrawn if
BLC breaches its payment obligation under this Section. Upon
Verizon 's completion of the work that Verizon must perform to provide
BLC with access to a Sub-Loop Distribution Facilty, Verizon shall bill
BLC, and BLC shall pay to Verizon, the balance of the cost set forth in
the Sub-Loop Distribution Facility Interconnection Cost Statement for
such access.
After Verizon has completed the installation of the interconnecting
cable to a BLC TOPIC and BLC has paid the full cost of such
installation, BLC can request the connection of Verizon Sub-Loop
Distribution Facilities to the BLC TOPIC. At the same time, BLC shall
advise Verizon of the services that BLC plans to provide over the Sub-
Loop Distribution Facility, request any conditioning of the Sub-Loop
Distribution Facilty and assign the pairs in the interconnecting cable.
BLC shall run any crosswires within the TOPIC.
If BLC requests that Verizon reactivate an unused drop and NID, then
BLC shall provide dial tone (or its DSL equivalent) on the BLC 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 BLC dial tone or equivalent from the TOPIC.
If BLC requests that Verizon provide BLC with access to a Sub-Loop
Distribution Facility that, at the time of BLC's request, Verizon is using
to provide service to a Customer, then, after BLC 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 Facility using the "loop through" approach. On the due
date, BLC shall disconnect Verizon's dial tone, crosswire its dial tone
to the Sub-Loop Distribution Facilty and submit BLC's LNP request.
Verizon will not provide access to a Sub-Loop Distribution Facility if
Verizon is using the loop of which the Sub-Loop Distribution Facilty is
a part to provide line sharing service to another CLEC or a service that
uses derived channel technology to a Customer unless such other
CLEC first terminates the Verizon-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
Verizon shall provide BLC with access to a Sub-Loop Distribution
Facility in accordance with negotiated intervals
Verizon shall repair and maintain a Sub-Loop Distribution Facility at
the request of BLC and subject to the time and material rates set forth
in Pricing Attachment and the rates, terms and conditions of Verizon's
applicable Tariffs. BLC 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) BLC
reports to Verizon a Customer trouble, (b) BLC requests a dispatch,
(c) Verizon dispatches a technician, and (d) such trouble was not
caused by Verizon Sub-Loop Distribution Facility facilties or
equipment in whole or in part, BLC shall pay Verizon the charges set
forth in the Pricing Attachment and Verizon's applicable Tariffs for time
108
associated with said dispatch. In addition, these charges also apply
when the Customer contact as designated by BLC is not available at
the appointed time. If as the result of BLC 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
BLC by Verizon. If as the result of BLC instructions, Verizon is
erroneously requested to dispatch to a site outside of Verizon company
premises ("dispatch out"), the charges set forth in Pricing Attachment
and Verizon's applicable Tariffs will be assessed per occurrence to
BLC by Verizon.
6.2 (Intentionally Left Blank).
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Verizon shall allow BLC 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 BLC, Verizon shall provide BLC 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 BLC 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 BLC with unbundled access to BLC'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 Verizon Tariff, or
otherwise, Verizon shall not be required to provide, and BLC 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 will 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
(Intentionally Left Blank).
BLC may access Dark Fiber Transport only at a pre-existing Verizon
accessible terminal of such Dark Fiber Transport, and BLC may not
BLC 10 comp v3.3 109
BLC 10 comp v3.3
8.2.3
8.2.4
8.2.5
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 BLC 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 BLC.
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 BLC's request.
Verizon shall perform all work necessary to install a cross connect or a
fiber jumper from a Verizon accessible terminal to a BLC collocation
arrangement.
A "Dark Fiber Inquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of BLC's completed Dark Fiber Inquiry Form,
Verizon will 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 BLC'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 availabilty 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, BLC shall not be permitted to
access the Dark Fiber Transport at any intermediate central offce
between the two Verizon central offices that are the end points of the
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 BLC. Verizon reserves the
right to limit the number of intermediate Verizon Central Offces on an
indirect route consistent with limitations in Verizon's network design
and/or prevailing industry practices for optical transmission
applications. Any limitations on the number of intermediate Verizon
Central Offces wil be discussed with BLC. If access to Dark Fiber
Transport is not available, Verizon will notify BLC, 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 will identify the first
blocked segment on each alternate indirect route and which
segment(s) in the alternate indirect route are available prior to
encountering a blockage on that route, at the rates set forth in the
Pricing Attachment.
110
8.2.5.1 BLC 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 BLC as indicated on the Dark Fiber
Inquiry Form, Verizon shall hold such requested Dark Fiber
Transport for BLC's use for ten (10) Business Days from
BLC's receipt of Acknowledgement and may not allow any
other part (including Verizon) to use such fiber during that
time period.
8.2.5.3 BLC 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 BLC does not have additional requirements for
collocation. The parallel provisioning process shall be used
when BLC requires new collocation facilities or changes to
existing collocation arrangements.
8.2.5.4 If no order is received from BLC for the reserved Dark Fiber
Transport within ten (10) Business Days from BLC's receipt
of Acknowledgement, Verizon shall return to spare the
reserved Dark Fiber Transport that Verizon previously
notified BLC are available. Should BLC submit an order to
Verizon after the ten (10) Business Day reservation period
for access to Dark Fiber Transport that Verizon has
previously notified BLC was available, BLC assumes all risk
that such Dark Fiber Transport wil no longer be available.
8.2.5.5 Upon BLC's request, the Parties will conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
8.2.5.5.1 BLC 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 will parallel process BLC's requests for
collocation, including augments, and Dark Fiber
Transport.
8.2.5.5.3 Before BLC submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, BLC will:
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 Offce(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Verizon that
BLC's collocation application has
BLC 10 comp v3.3 111
BLC 10 comp v3.3
8.2.6
8.2.7
8.2.8
been accepted.
8.2.5.5.4 BLC 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 BLC's Dark Fiber Transport
request, BLC may cancel its collocation
application within five (5) Business Days of such
rejection and receive a refund of the collocation
application fee paid by BLC, less the costs
Verizon incurred to date.
8.2.5.5.6 If Verizon accepts BLC's Dark Fiber Transport
request, Verizon wil parallel provision the Dark
Transport to a temporary location in Verizon's
CentraIOffce(s). Verizon wil charge and BLC
will 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
BLC collocation application, BLC shall submit a
Dark Fiber change request to reposition Dark
Fiber Transport from the temporary location in
that Verizon Central Offce(s) to the permanent
location at BLC's collocation arrangement in
such Verizon Central Offce(s). BLC will prepare
such request(s) in the manner and form
specified by Verizon.
8.2.5.5.8 If BLC cancels its collocation application, BLC
must also submit a cancellation for the
unbundled Dark Fiber Transport provisioned to
the temporary location in the Verizon Central
Office(s).
BLC 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 will be
offered to BLC in the condition that it is available in Verizon's network
at the time that BLC submits its request (i.e., "as is"). In addition,
Verizon shall not be required to convert lit fiber to Dark Fiber Transport
for BLC's use.
112
BLC 10 comp v3.3
8.2.9
8.2.10
8.2.11
8.2.12
8.2.13
8.2.14
8.2.15
8.2.16
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, will not be offered to BLC as Dark Fiber Transport.
Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Verizon's lit fiber optic systems wil not
be offered to BLC as Dark Fiber Transport.
BLC shall be responsible for providing all transmission, terminating
and lightwave repeater equipment necessary to light and use Dark
Fiber Transport.
BLC may not resell Dark Fiber Transport, purchased pursuant 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 BLC for use for
Special or Switched Exchange Access Services, BLC shall not use
Dark Fiber Transport, for Special or Switched Exchange Access
Services.
In order to preserve the effciency of its network, Verizon may, upon a
showing of need to the Commission, limit BLC 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 BLC upon a
showing of need to the Commission and twelve (12)
months' advance written notice to BLC; and
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 BLC 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 BLC, or impair Verizon's ability to meet a
legal obligation.
Except as expressly set forth in this Agreement, BLC may not reserve
Dark Fiber Transport.
BLC shall be solely responsible for: (a) determining whether or not the
transmission characteristics of the Dark Fiber Transport accommodate
the requirements of BLC; (b) obtaining any Rights of Way,
governmental or private propert 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 traffc; and (d)
except as set forth with respect to the parallel provisioning process
addressed above, BLC's collocation arrangements with any proper
optical cross connects or other equipment that BLC needs to access
Dark Fiber Transport before it submits an order for such access. BLC
hereby represents and warrants that it shall have all such rights of
113
8.2.18
8.2.19
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 BLC places an order for the applicable Dark Fiber
Transport, and that it shall maintain the same going forward.
BLC is responsible for trouble isolation before reporting trouble to
Verizon. Verizon wil restore continuity to Dark Fiber Transport that
has been broken. Verizon will 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).
BLC may request the following, which shall be provided on a time and
materials basis (as set forth in the Pricing Attachment):
8.2.17
8.2.19.1 (I ntentionally Left Blank).
8.2.19.2 A field survey that shows the availabilty 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, BLC may reserve the
Dark Fiber Transport, as applicable, for ten (10) Business
Days from receipt of Verizon's field survey results. If BLC
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 will be available when Verizon
receives such order, and BLC assumes all risk that the Dark
Fiber Transport wil not be available. Verizon shall perform
a field survey subject to a negotiated intervaL. If a BLC
submits an order for Dark Fiber Transport without first
obtaining the results of a field survey of such Dark Fiber
Transport, BLC assumes all risk that the Dark Fiber
Transport will not be compatible with BLC'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 BLC may not obtain, unbundled access to any Dark Fiber Loop;
provided, however, that if BLC leased a Dark Fiber Loop from Verizon as of
March 11, 2005, BLC 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 BLC 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 Intenace Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by BLC, Verizon shall permit BLC to connect a BLC Loop to the Inside
BLC 10 comp v3.3 114
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 BLC with access to NIDs in accordance with, but only to the
extent required by, the Federal Unbundling Rules. BLC 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 BLC NID deployed by BLC or, if an
entrance module is available in the Verizon NID, by connecting a BLC Loop to
the Verizon NID. When necessary, Verizon will rearrange its facilties to provide
access to an existing Customer's Inside Wire. An entrance module is available
only if facilities are not connected to it.
9.2 In no case shall BLC access, remove, disconnect or in any other way rearrange
Verizon's Loop facilties from Verizon's NIDs, enclosures, or protectors.
9.3 In no case shall BLC 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 BLC remove or disconnect ground wires from Verizon's NIDs,
enclosures, or protectors.
9.5 In no case shall BLC remove or disconnect NID modules, protectors, or terminals
from Verizon's NID enclosures.
9.6 Maintenance and control of premises Inside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customets
Inside Wiring must be resolved by the person who controls use of the wiring
(e.g., the Customer).
9.7 When BLC is connecting a BLC-provided Loop to the Inside Wiring of a
Customer's premises through the Customer's side of the Verizon NID, BLC does
not need to submit a request to Verizon and Verizon shall not charge BLC for
access to the Verizon NID. In such instances, BLC 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 utilized by Verizon (based on Customer size and
environmental considerations), BLC 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, BLC may remove the Inside Wiring
from the Customets side of the Verizon NID and connect that Inside
Wiring to BLC's NID.
9.8.2 Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, BLC 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.
BLC 10 comp v3.3 115
9.8.3 BLC 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 part (i.e. BLC, its agent, the
building owner or the Customer). If BLC accesses the Customer's
Inside Wiring as described in this Section 9.8.3, time and materials
charges will be billed to the requesting party (i.e. BLC, 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 facilities
are available, at BLC's request, Verizon shall provide BLC with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Verizon shall provide BLC 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 will not install new
electronics, and Verizon wil not build new facilities. For the avoidance of any
doubt, notwithstanding any other provision of this Agreement, Verizon shall not
be required to provide, and BLC shall not request or obtain, unbundled access to
shared (or common) transport, or any other interoffce transport facility that does
not meet the definition of Dedicated Transport.
11.2 If and, to the extent that, BLC has purchased (or purchases) transport from
Verizon under a Verizon Tariff or otherwise, and BLC has a right under the
Federal Unbundling Rules to convert (and wishes to convert) such transport to
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, BLC shall pay any and all conversion charges (e.g., non-recurring
charges), as well as any and all termination Iiábiliies, 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 BLC with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billng. Verizon shall provide BLC with such access in accordance with,
but only to the extent required by, the Federal Unbundling Rules. All such transactions
shall be submitted by BLC through such electronic interfaces.
14. Availabilty of Other Network Elements on an Unbundled Basis
14.1 Any request by BLC 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. BLC shall provide Verizon
BLC 10 comp v3.3 116
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 Part under this
Section 14 except as required by the Federal Unbundling Rules.
14.3 Network Element Bona Fide Request (BFR).
14.3.1 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 Part 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)
11259 and n.603 or subsequent orders.
14.3.2 A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
14.3.3 The requesting Part 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.
14.3.4 Within ten (10) Business Days of its receipt, the receiving Part shall
acknowledge receipt of the Network Element Bona Fide Request.
14.3.5 Except under extraordinary circumstances, within thirt (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Part
shall provide to the requesting Part a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Part will offer access to the Network
Element or will provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
14.3.6 If the receiving Part 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 availability,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252(d)(1) of the Act.
14.3.7 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 Part
a Network Element Bona Fide Request quote which will include, at a
minimum, a description of each Network Element, the availability, the
applicable rates, and the installation intervals.
BLC 10 comp v3.3 117
Within thirt (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Part 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 Part 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 Part may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
15. Maintenance of Network Elements
14.3.8
14.3.9
If (a) BLC reports to Verizon a Customer trouble, (b) BLC requests a dispatch, (c) Verizon
dispatches a technician, and (d) such trouble was not caused by Verizon's facilties or
equipment in whole or in part, then BLC 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 BLC is not available at the appointed time.
BLC accepts responsibility for initial trouble isolation and providing Verizon with
appropriate dispatch information based on its test results. If, as the result of BLC
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 BLC by Verizon. If as the result of BLC instructions, Verizon is erroneously
requested to dispatch to a site outside of Verizon company premises ("dispatch out"), a
charge set forth in the Pricing Attachment will be assessed per occurrence to BLC by
Verizon. Verizon agrees to respond to BLC trouble reports on a non-discriminatory basis
consistent with the manner in which it provides service to its own retail Customers or to
any other similarly situated Telecommunications Carrier.
16. Combinations, Commingling, and Conversions
16.1 Subject to and without limiting the conditions set forth in Section 1 of this
Attachment:
16.1.1
BLC 10 comp v3.3
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 BLC, 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 will 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
will 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 BLC 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 unti such time as a
118
standard charge is established pursuant to the terms set forth in the
Pricing Attachment.
Ratcheting, i.e., 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 facilities 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 BLC 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 facility that is or becomes a
Discontinued Facilty.
16.2 Service Eligibility Criteria for Certain Combinations and Commingled Facilities
and Services. Subject to the conditions set forth in Sections 1 and 16.1 of this
Attachment:
16.1.2
16.1.3
16.2.1
BLC 10 comp v3.3
Verizon shall not be obligated to provide:
16.2.1.1 an unbundled DS1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
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 DS1 Dedicated Transport commingled with DS1
channel termination access service;
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1
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 BLC, 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 eligibilty criteria on a circuit-
by-circuit basis as set forth in 47 C.F.R § 51.318. BLC must remain in
compliance with said service eligibilty criteria for so long as BLC
continues to receive the aforementioned combined or commingled
facilties and/or services from Verizon and BLC 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
119
BLC 10 comp v3.3
16.2.2
16.2.3
16.2.4
16.2.5
circuit of a High Capacity EEL is, becomes, or is subsequently
determined to be, noncompliant, the noncompliant High Capacity EEL
circuit will 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, BLC, 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 eligibility
criteria on a circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318.
Any existing High Capacity EEL circuits that BLC leased from Verizon as
of the Effective Date of this Agreement that BLC 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 Facilities, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
16.2 and BLC has not submitted an LSR or ASR, as appropriate, to
Verizon requesting disconnection of the noncompliant facility 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 equivalent to an
analogous access service or other analogous arrangement that
Verizon shall identify in a written notice to BLC.
Each certification to be provided by BLe pursuant to Section 16.2.1
above must contain the following information for each OS 1 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 facilty 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 10) from access to UNE or UNE to access. If
such change in circuit 10 requires that the affected circuit(s) be
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16.2.6
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 BLC's compliance in all material respects with the service eligibility
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 BLC failed to comply
with the service eligibilty criteria, then (without limiting Verizon's rights under
Section 16.2.2 above) BLC 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 BLC's compliance
with the service eligibilty criteria, then BLC shall provide to the independent
auditor for its verification a statement of BLC's out-of-pocket costs of complying
with any requests of the independent auditor, and Verizon shall, within thirt (30)
days of the date on which BLC submits such costs to the auditor, reimburse BLC
for its out-of-pocket costs verified by the auditor. BLC 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.
17. Routine Network Modifications
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:
17.1.1
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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 BLC to the Loop, Dedicated Transport, or Dark Fiber
Transport facilties available under the Agreement (including DS1
Loops and OS 1 Dedicated Transport, and DS3 Loops and DS3
Dedicated Transport), where the facility 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 BLC to light a Dark Fiber Transport facilty 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
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construction of a new Loop or new Transport facilities, 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 (TOM) capabilty into new packet-
based networks or into existing packet-based networks that do not
already have TOM capability. Verizon shall not be required to perform
any routine network modifications to any facility that is or becomes a
Discontinued Facility.
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.
17.3 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 facility 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
Attachment shall be as provided in this Attachment and the Pricing Attachment.
19. Good Faith Penormance
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 BLC 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 Part may utilize the Agreement's dispute resolution
procedures.
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COLLOCATION ATTACHMENT
1. Verizon's Provision of Collocation
Verizon shall provide to BLC, in accordance with this Agreement, Verizon's applicable
federal and state Tariffs and the requirements of Applicable Law, Collocation for the
purpose of facilitating BLC's interconnection with Verizon under 47 U.S.C. § 251 (c)(2) or
access to Unbundled Network Elements of Verizon; provided, that notwithstanding any
other provision of this Agreement or a Tariff, Verizon shall be obligated to provide
Collocation to BLC only to the extent required by Applicable Law and may decline to
provide Collocation to BLC 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 BLC 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 wil be rendered ineffectual, and Verizon
shall provide Collocation to BLC 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 BLC. 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
offces, serving Wire Centers, and all other buildings or similar structures owned, leased,
or otherwise controlled by Verizon that house Verizon's network facilities. Collocation at
Verizon's Wire Centers and access tandems shall be accomplished through caged,
cageless, virtual or microwave service offerings, as described below, except if not
practical for technical reasons or due to space limitations. In such event, Verizon shall
provide adjacent Collocation or other methods of Collocation, subject to space availability
and technical 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.
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1.1.2
1.1.3
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 network
elements. Verizon wil not issue separate billing for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Verizon will provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC 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 will apply to shared
caged Collocation requirements.
Subleased Caged. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third part(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 part(s) pursuant to terms and
conditions agreed to by the CLEC and the third part(s) involved. The
CLEC and third part(s) must each be interconnected to Verizon for
the exchange of traffc 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
billing for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
part(s). The CLEC will be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
part(s). Each CLEC and third party wil be responsible for ordering
their own unbundled network elements from Verizon. Verizon wil
separately bill the CLEC and third part/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 part(s). All terms and conditions for caged Collocation as
described in this Attachment will apply to subleased caged Collocation
requirements.
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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 wil 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 propert for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Verizon's premise for caged and cageless
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Verizon propert that adheres to local
building code, zoning requirements, and Verizon building standards.
BLC 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. BLC may not take any action
in establishing an adjacent structure that will force Verizon to violate
any zoning requirements or any federal, state, or local regulations,
ordinances, or laws.
Any construction by BLC on Verizon propert must comply with
Verizon's technical specifications as they relate to environmental safety
and grounding requirements. Verizon will make available power and
physical Collocation services to BLC 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 BLC
provided equipment which is dedicated to the exclusive use of the BLC
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 facilties
will be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
BLC 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. BLC 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;
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BLC 10 comp v3.3
Facsimile: [phone]; E-Mail at:
collocation.applications(áverizon.com. Additional
information and requirements regarding Collocation may be
obtained from Verizon's public website at www.verizon.com.
1.2.1.2 Application Form/Fee. BLC 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 will require BLC to provide all
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. BLC will provide Verizon with
specifications for any non-standard or special requirements
at the time of application. Verizon reserves the right to
assess the customer any additional charges on an
individual case basis ("ICB") associated with complying with
the requirements. Any such charges shall be noticed to
BLC.
Verizon will process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Verizon's receipt of
a completed application form and the non-refundable
engineering fee.
1.2.2 Space Availability. Subject to forecasting requirements, Verizon will
inform BLC whether space is available to accommodate BLC's request
within eight (8) Business Days after receipt of a completed application.
Verizon's response will 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 BLC within twenty (20) Business Days. At the end of
this period, Verizon will proceed as described in 1.2.2.1 or
1.2.2.2 above.
1.2.3 Collocation Schedule. If space is available, Verizon wil provide to
BLC a Collocation schedule describing Verizon's abilty to meet the
physical Collocation request within eight (8) Business Days after
receipt of a completed application. BLC 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 BLC in
order to complete the application. If BLC resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, BLC shall retain its
position within the Collocation application queue.
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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 BLC 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 BLC 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 BLC requested in its original application.
The requirements of a minor augment request cannot
exceed the capacity of the existing/proposed electrical,
power or HVAC system. Requests for additional DSO, DS1,
and DS3 facility terminations to access Verizon's unbundled
network elements are included as minor augments,
providing no additional transmission cables are required.
Minor augments that require an augment fee are those
requests that require Verizon to perform a service or
function on behalf of BLC including but not limited to:
installation of virtual equipment cards or softare 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 BLC, that do not require
Verizon to provide a service or function on behalf of BLC,
including but not limited to, requests to install additional
equipment in BLC Collocation space. Prior to the
installation of the additional equipment, BLC agrees to
provide Verizon an application form with an updated
equipment listing that includes the new equipment to be
installed in BLC's Collocation arrangement. Once the
equipment list is submitted to Verizon, BLC may proceed
with the augment. BLC agrees that changes in equipment
provided by BLC under this provision wil not exceed the
engineering specifications for power and HVAC as
requested on original application. All augments will be
subject to Verizon inspection, in accordance with term of
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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 BLC Collocation when available space has been
exhausted. Where BLC 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 BLC to expand its existing Collocation space. BLC requests
for expansion of existing space within a specific Verizon premise wil
require the submission of an application form and the appropriate
major augment fee.
1.2.7 Relocation. BLC 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. BLC wil 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 BLC 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 BLC 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 fort-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 sharing/line splitting faciliies, where line
sharing/splitting already exists within the central
offce and where BLC is eligible for line
sharing/line 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. BLC 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 BLC 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 BLC cross connect
capacity may be exceeded by the end of the
fort-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 will
apply, in Business Days, unless Verizon and BLC jointly
decide otherwise:
1.3.1.3.1 Day 1-BLC submits completed application and
associated fee.
1.3.1.3.2 Day 8-Verizon notifies BLC that request can be
accommodated and advises of due date.
1.3.1.3.3 Day 17-BLC 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; BLC provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where BLC 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 BLC attend Collocation
acceptance meeting and Verizon turns over the
Collocation arrangement to BLC. Day 76 also
applies to completion of other augments not
defined herein.
1.3.1.4 The fort-five (45) Business Day interval is subject to the
following requirements:
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
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1.3.2
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 BLC must install sufficient equipment to
support requested terminations/facilities.
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 fort-five (45)
Business Day intervaL.
1.3.1.5 A preliminary schedule will be developed outlining major
milestones. BLC and Verizon control various interim
milestones they must complete in order to meet the overall
intervals. The interval clock will stop, and the final due date
wil be adjusted accordingly, for each milestone BLC misses
(day for day). When Verizon becomes aware of the
possibilty of vendor delays, Verizon wil first contact BLC to
attempt to negotiate a new intervaL. If Verizon and BLC
cannot agree, the dispute wil be submitted to the
Commission for prompt resolution. Verizon and BLC 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 BLC to schedule one escorted
visit to BLC'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 serity is in place,
Verizon wil permit BLC accss to the Colloction arrangement
to install equipment while the delayed work is completed, so
long as it is safe to do so and BLC's work does not impair or
interfere with Verizon in completing Verizon's work. Prior to
BLC beginning the installation of its equipment, BLC must sign
a conditional accptance of the Collocation arrangement. If
BLC elects to accpt the space prior to the scheduled
completion, occupancy fees shall commence upon signing a
conditional accptance of the space by BLC.
1.3.1.6 Intervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by BLC and
Verizon.
1.3.1.7 Verizon wil inform the Commission as soon as it knows it
will require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individual case basis
based on negotiations with the site preparation vendor(s).
Verizon will use its best efforts to minimize the additional
time required to condition Collocation space, and will inform
BLC of the time estimates as soon as possible.
Forecasting and Use of Data.
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1.3.3
1.3.2.1 Verizon will request forecasts from BLC on a semi-annual
basis, with each forecast covering a two-year period. BLC
wil be required to update the near-term (6-month)
forecasted application dates. Information requested will
include central offce, 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 BLC is eligible for line sharing/line splitting. For
augments, BLC may elect to substitute alternative CLLI
codes within a LATA for the forecasted demand.
If Verizon has a written guarantee of reimbursment, it wil
examine forecasts for offces in which it is necessary to
condition space, and discuss these forecasts with BLC to
determine the required space to be conditioned. If Verizon
commits to condition space based on forecasts and if BLC is
assigned space, BLC will give Verizon a non-refundable
deposit equal to the application fee. Verizon 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 BLC to validate forecasts, discuss flexibility in
potential trouble areas, and assist in application preparation.
1.3.2.2 Unforecasted demand (including augments) will be given a
lesser priority than forecasted demand. Verizon will make
every attempt to meet standard intervals for unforecasted
requests. However, if unanticipated requests push demand
beyond Verizon's capacity limits, Verizon wil negotiate
longer intervals as required (and within reason). In general,
ifforecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
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.
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 BLC at
the time the application is received.
Collocation Capacity.
131
1.3.3.1 Verizon's estimate of its present capacity (i.e., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffng 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 BLC fail to agree to smooth demand, Verizon
will 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 BLC forecasts
and if BLC refuses to smooth demand as described in
Section 1.3.3.1, BLC will 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
will share BLC actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
1.3.5 Responsibility for Vendor Delays. No part 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 Part claiming excusable delay or
failure to perform.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, BLC may
construct the cage with a standard enclosure if they are a
Verizon approved contractor or BLC 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 BLC shall collocate its equipment.
Verizon wil assign Collocation space to BLC in a just,
reasonable, and nondiscriminatory manner. Verizon will
allow BLC requesting caged or cage less Collocation to
submit space preferences on the Application Form prior to
assigning caged and cage less Collocation space to BLC.
Verizon will assign caged and cageless space in
accordance with the following standards: (1) BLC's
Collocation costs cannot be materially increased by the
assignment; (2) BLC'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 BLC wishes to offer;
and (4) The assignment cannot reduce unreasonably the
BLC 10 comp v3.3 132
total space available for caged and cageless Collocation, or
preclude unreasonably, caged and cageless Collocation
within Verizon's premises.
Verizon may assign caged and cageless Collocation to
space separate from space housing Verizon's equipment,
provided that each of the following conditions is met: (1)
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 cageless Collocation space assigned to
an affliate or subsidiary of Verizon is separated from space
housing Verizon's equipment; (3) The separated space wil
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 BLC 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 BLC's
equipment in the same standards and parameters required
for Verizon equipment within that Verizon premise. BLC
may install AC convenience outlets and overhead lighting if
BLC 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 BLC in its
Collocation application. The BLC will specify the load on
each feed and the size of the fuse to be placed on each
feed. BLC must order a minimum of ten (10) load amps for
each caged, cageless, and virtual Collocation arrangement.
BLC 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 BLC orders a total of 40 load amps of DC
power and an A and B feed, BLC could order 20 load amps
on the A feed and 20 load amps on the B feed. Verizon wil
permit BLC to order a fuse size up to 2.5 times the load
amps ordered provided that applicable law permits this
practice. Thus, BLC could order that each feed be fused at
50 amps if BLC wants one feed to carry the entire load in
the event the other feed fails. Accordingly, BLC wil be
charged on the basis of the total number of load amps
ordered, i.e., 40 amps, and not based on the total number of
amps available for the fuse size ordered.
1.3.6.4 BLC 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
BLC 10 comp v3.3 133
Collocation arrangement in accordance with industry
standards based upon requirements ordered by BLC 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 will
schedule a joint meeting with BLC.
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 will 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 BLC with written notification,
by certified US mail to the person designated by
BLC to receive such notice, that more power is
being drawn than was ordered. Within ten (10)
Business Days of the date of receipt of
notification, BLC 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 BLC 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 billed to the audited load amount.
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 will be 120% of load, as long as
the second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
will be 110% of load.
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:
BLC 10 comp v3.3 134
1.3.6.8.1 Verizon wil notify the person designated by BLC
to receive such notice via telephone or e-mail
that Verizon will 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 BLC 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 BLC may perform its own inspection at BLC's
cage. BLC is not required to wait for Verizon or
require it to be present during BLC test. Upon
request of BLC, Verizon will send a
representative to accompany BLC to conduct a
joint inspection at BLC cage at no charge to
BLC. Nothing herein shall be construed to
prohibit BLC from testing at its own cage. BLC
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 BLC's measurements differ from
Verizon's.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Verizon will provide BLC with
written notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by BLC to receive such notice thatit
has exceeded its ordered power. The
notification will include: (1) initials or identifying
number of Verizon technician(s) who performed
the inspection; (2) dates and times of the
inspections; (3) the make, model and type of test
equipment used; (4) the length of monitoring and
the results of the specific audit; (5) the total load
amps currently being 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 wil be
made available to BLC 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 BLC disagrees with the results of the audit,
BLC will first notify Verizon. Verizon and BLC
BLC 10 comp v3.3 135
wil make a good faith effort to resolve the issue.
If the parties do not resolve the issue, either
part can invoke dispute resolution processes
set forth in this Agreement. The dispute
resolution process set forth in this Agreement
can be initiated by either part 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 BLC 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 will also notify BLC that it
must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocation arrangements in the state. BLC
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 BLC 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, BLC wil
be billed the audited load amount for four (4)
months. BLC will make a separate and
additional payment to the Charity, measured as
the difference between the billng of the fused
capacity and the biling at the audited load for
four (4) months. BLC 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, BLC will
be biled the audited load amount for five (5)
months. BLC 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
five (5) months. BLC must send notice of its
Charity payment to Verizon within ten (10)
calendar days of making the payment.
BLC 10 comp v3.3 136
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, BLC wil
be biled the audited load amount for six (6)
months. BLC will make a separate and
additional payment to the Charity, measured as
the difference between the billing of the fused
capacity and the billing at the audited load for six
(6) months. BLC 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 bill BLC 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 will notify BLC that it is being billed
pursuant to this Section 1.3.6.9, designating the
applicable number of months and also
calcuiàting 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 wil be self-
executing.
1.3.6.10 If BLC 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 wil not be imposed
and the parties will not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, BLC must submit a written statement signed by a
responsible offcer of BLC, 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 BLC's completed Collocation
arrangements provided by Verizon in the state. If BLC fails
to submit this written statement by the last day in June,
Verizon will notify BLC in writing that it has thirt (30)
calendar days to submit its power attestation. Failure to
submit the required statement within the thirt (30) calendar
day notice period will result in the billng of DC power at
each Collocation arrangement to be increased to the total
number of amps fused until such time as Verizon receives
the required written statement by BLC.
1.3.6.12 Whenever Verizon is required to perform work on a
Collocation arrangement as a result of BLC's order for a
reduction in power requirements (e.g., change in fuse size),
Verizon will assess a non-recurring charge for the additional
labor. The non-recurring charge applies for the first half
BLC 10 comp v3.3 137
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 BLC orders a change in the power configuration requiring
new -48 volt DC power feeds to the Collocation
arrangement, Verizon will require an engineering/major
augment Fee with an application, as set forth in the Pricing
Attachment, subject to the terms and conditions described
in Section 1.2.5. In addition, if BLC'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 BLC 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. BLC will be responsible for supply,
purchase, delivery, installation and maintenance of its
equipment and equipment bay(s) in the Collocation area.
Verizon is not responsible for the design, engineering, or
performance of BLC's equipment and provided facilities for
Collocation. Upon installation of all transmission and power
cables for Collocation services, BLC 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
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical, economic, or operational
matter, preclude BLC 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 inability to deploy that equipment
would, as a practical, economic, or operational matter,
preclude BLC 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 BLC 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 BLC seeks to provide to its customers by means of
the interconnection or unbundled network element. The
BLC 10 comp v3.3 138
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Verizon's
property.
Whenever Verizon objects to Collocation of equipment by
BLC 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.
BLC 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
BLC entrance facilities and splices must comply with
Telecordia Technologies' Generic Specification for Optical
Fiber and Optical Fiber Cable (TR-TSY-00020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General Information Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Verizon services or facilties.
BLC 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
conflct between industry standards and Verizon's technical
specifications, BLC and Verizon wil make a good faith effort
to resolve the difference. BLC designated facilities shall not
physically, electronically or inductively interfere with the
facilities of Verizon, other CLEC(s), tenant(s) or any other
part. If such interference occurs, Verizon may take action
as permitted under Section 1.8.
BLC equipment must conform to the same specific
risk/safety/hazard standards which Verizon imposes on its
own central offce equipment as defined in Verizon's NEBS
BLC 10 comp v3.3 139
requirements RNSA-NEB-95-0003, Revision 10 or higher.
BLC equipment is not required to meet the same
performance and reliabilty standards as Verizon imposes
on its own equipment as defined in Verizon's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, BLC may install
equipment that has been deployed by Verizon for five (5)
years or more with a proven safety record; however, this
provision does not prohibit the installation of equipment less
than five years old, provided the equipment meets the
NEBS safety guidelines referenced in this section prior to
the time of deployment. Verizon reserves the right to
specify the type of cable, equipment and construction
standards required in situations not otherwise covered in
this Agreement. In such cases, Verizon will, at its
discretion, furnish to BLC written material which wil specify
and explain the required construction.
1.3.7.4 Cable. BLC 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. BLC is responsible for providing fire retardant
riser cable that meets Verizon standards. Verizon is
responsible for placing BLC's fire retardant riser cable from
the cable vault to the Collocation space. Verizon is
responsible for installng BLC 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 BLC provides its own fiber optic facility, then BLC
shall be responsible for bringing its fiber optic cable to the
Verizon premise manhole. BLC must leave suffcient cable
length for Verizon to be able to fully extend such cable
through to BLC's Collocation space.
1.3.7.5 Manhole/Splicing Restrictions. Verizon reserves the right to
prohibit all equipment and facilties, other than fiber optic
cable, in its manholes. BLC will not be permitted to splice
fiber optic cable in the first manhole outside of the Verizon
premise. Where BLC is providing underground fiber optic
cable in Manhole #1, it must be of suffcient length as
specified by Verizon to be pulled through the Verizon
premise to BLC's Collocation space. Verizon is responsible
for installing a cable splice, if necessary, where BLC
provided fiber optic cable meets Verizon standards within
the Verizon premise cable vault or designated splicing
chamber. Verizon will provide space and racking for the
placement of an approved secured fire retardant splice
enclosure.
1.3.7.6 Access Points and Restrictions. Points of interconnection
and demarcation between BLC's facilties and Verizon's
facilities wil be designated by Verizon. This point(s) wil be
a direct connection(s) to BLC's network. Verizon shall have
the right to require BLC to terminate Collocation facilities
onto a Point of Termination (POT) Bay. BLC must tag all
entrance facilities to indicate ownership. BLC wil not be
allowed access to Verizon's DSX line-ups, MDF or any
BLC 10 comp v3.3 140
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, BLC 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 BLC's
equipment installation work in the Collocation space. BLC
is responsible for protecting Verizon's equipment Verizon
premise walls and flooring within the staging area and along
the staging route. BLC 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. BLC may also utilize a staging trailer, which can be
located on the exterior premises of Verizon premise.
Verizon may assess BLC a market value lease rate for the
area occupied by the trailer.
1.3.7.8 Testing. Upon installation of BLC's equipment, and with
prior notice, Verizon and BLC will mutually agree to
schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality between BLC's
equipment and the connections to Verizon equipment. The
time period for this to occur will correspond to Verizon's
maintenance window installation requirements. It is solely
the responsibilty of BLC to provide their own monitor and
test points, if required, for connection directly to its terminal
equipment. If BLC cannot attend the scheduled turn-up
phase meeting for any reason, BLC must provide Verizon
with seventy-two (72) hours advanced written notice prior to
the scheduled meeting. If BLC fails to attend the scheduled
meeting without the advanced written notification, Verizon
reserves the right to charge BLC additional labor rates set
forth in the Pricing Attachment for subsequent turn-up
meetings with BLC 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 BLC and another CLEC, provides a dedicated
electrical or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two different
CLECs within the same Verizon premises, using Verizon
provided distribution facilities. DTS is available for DSO,
DS1, DS3, and dark fiber cross connects. In addition,
Verizon will also provide other technically feasible cross-
connection arrangements, including lit fiber, on an Individual
Case Basis (ICB) as requested by BLC and agreed to by
Verizon. Verizon wil offer DTS to BLC as long as such
access is technically feasible.
BLC 10 comp v3.3 141
DTS is only available when both Collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Verizon premises, provided that the collocated
equipment is used for interconnection with Verizon and/or for
access to the Verizon's unbundled network elements. Verizon
shall provide such DTS connections from BLC's Collocation
arrangement to another Collocation arrangement of BLC within
the same Verizon premises, or to a Collocation arrangement of
another CLEC in the same Verizon premises. DTS is provided
at the same transmission level from BLC to another CLEC.
The DTS arrngement requires BLC to provide cable
assignment information for itself as well as for the other CLEC.
Verizon wil not make cable assignments for DTS. BLC is
responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, BLC 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 BLC.
1.3.7.10 Optical Facility Terminations. If BLC requests access to
unbundled dark fiber interoffce facilties, BLC may apply for
a fiber optic patchcord connection(s) between Verizon's
fiber distribution panel (FOP) and BLC's collocated
transmission equipment and facilities. The fiber optic
patchcord cross connect is limited in use solely in
conjunction with access to unbundled dark fiber and
Dedicated Transit Service.
1.3.7.11 Non-Compliant Installations and Operations. If at any time
Verizon reasonably determines that either BLC's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment, BLC
will be responsible for the costs associated with the removal
of equipment or modification of the equipment or
engineering and installation to render it compliant. If BLC
fails to correct any non-compliance with these standards
within thirt (30) days' written notice to BLC, Verizon may
have the equipment removed or the condition corrected at
BLC expense. If, during the installation phase, Verizon
reasonably determines that any BLC 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 facilties of Verizon, Verizon
may perform such work and/or take such action that Verizon
deems necessary without prior notice to BLC. The
reasonable cost of said work and/or actions shall be borne
by BLC. Verizon reserves the right to remove products,
BLC 10 comp v3.3 142
BLC 10 comp v3.3
facilities and equipment from its list of approved products
upon ninety (90) days' notice to BLC if such products,
facilities and equipment are determined to be no longer
compliant with NEBS safety standards. If BLC equipment
poses an immediate safety threat, BLC shall remove the
equipment immediately.
1.3.8 Access to Collocation Space. Verizon wil permit BLC's employees,
agents, and contractors approved by Verizon to have direct access to
BLC'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 facilities. BLC'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 BLC, to access BLC's collocated
partitioned space to perform periodic inspections to ensure compliance
with Verizon installation, safety and security practices. Where BLC
shares a common entrance to the Verizon premise with Verizon, the
reasonable use of shared building facilities, e.g., elevators,
unrestricted corridors, etc., will be permitted. However, Verizon
reserves the right to permanently remove and/or deny access from
Verizon premises, any BLC employee, agent, or contractor who
violates Verizon's policies, work rules, or business conduct standards,
or otherwise poses a security risk to Verizon.
1.3.9 Network Outage. Damage and Reporting. BLC shall be responsible
for: (a) any damage or network outage occurring as a result of BLC
owned or BLC 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 BLC service.
Verizon wil make every effort to contact BLC in the event BLC
equipment disrupts the network. If Verizon is unable to make contact
with BLC, Verizon shall temporarily disconnect BLC's service, as
provided in Section 1.3.11.
1.3.10 Security Requirements.
1.3.10.1 Security Measures. BLC 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 will provide BLC with written notice of
such changes. Where applicable, Verizon wil provide
information to BLC on the specific type of security training
required so BLC's employees can complete such training.
BLC wil maintain with Verizon a list of all BLC employees
who are currently authorized by BLC to access its caged
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and cage less Collocation space and will include social
security numbers of all such individuals. BLC wil also
maintain with Verizon a list of its collocated-approved
vendors and their social security numbers who request
access to caged and cageless Collocation space. Only
those individuals approved by Verizon will be allowed
access to Verizon premises and caged and cageless
Collocation space. Where required by agencies of federal,
state, or local government, only individuals that are U.S.
citizens will be granted access. All BLC 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 BLC 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 BLC
employee or agent found in violations of the terms and
conditions set forth herein.
BLC must follow Verizon's security guidelines, which are
published on Verizon's web site. Verizon may suspend a
BLC employee or agent from Verizon's premises if his/her
actions materially affect the safety and/or integrity of
Verizon's network or the safety of Verizon or other BLC
employees/agents. Unless BLC employee or agent poses
an immediate threat to Verizon or other CLECs, Verizon will
provide BLC with a written explanation of violations
committed by the BLC employee or agent four (4) Business
Days prior to suspending BLC employee or agent from
Verizon premises. BLC wil 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
BLC 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 facilty structures for any
BLC employee, agent or contractor who cannot meet
Verizon's established security standards. Employees,
agents or contractors of BLe are required to meet the same
security requirements and adhere to the same work rules
that Verizon's employees and contractors are required to
follow. Verizon also reserves the right to deny access to
Verizon buildings and/or outside facility structures for BLC's
employee, agent and contractor for falsification of records,
violation of fire, safety or security practices and policies or
other just cause. BLC employees, agents or contractors
who meet Verizon's established security standards will be
provided access to BLC's caged and cageless Collocation
equipment 24 hours a day, seven days a week and
reasonable access to Verizon's restroom facilties. If BLC
BLC 10 comp v3.3 144
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
BLC employee(s), agent(s) or contractor(s) at no cost to
BLC. 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 BLC employees and contractors to use
a central or separate entrance to Verizon's premises,
provided, however, that where Verizon requires that BLC
employees or contractors access collocated equipment only
through a separate entrance, employees and contractors of
Verizon's affiliates and subsidiaries will be subject to the
same restriction.
Verizon may construct or require the construction of a
separate entrance to access caged and cageless
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent's or
any of its affliates' or subsidiaries competitive concerns,
warrant such separation; (iii) Construction of a separate
entrance will not artificially delay Collocation provisioning;
and (iv) Construction of a separate entrance wil not
materially increase BLC's Collocation costs.
1.3.10.3 Access Cards/Identification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for BLC for each Verizon premise for the
purpose of installation, maintenance and repair of BLC's
caged and cageless Collocation equipment. All BLC
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 BLC. The 10 must be worn on the individual's
exterior clothing while on or at Verizon premises. Verizon
wil provide BLC with instructions and necessary access
cards or keys to obtain access to Verizon premises. BLC is
required to immediately notify Verizon by the most
expeditious means, when any BLC'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. BLC 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 BLC's
employee and/or termination of service. BLC shall be
responsible for the replacement cost of keys, access cards
BLC 10 comp v3.3 145
1.3.11
or other means of obtaining access when lost, stolen or
failure of BLC or BLC's employee, agent or contractor to
return to Verizon.
Emergency Access. BLC is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week. BLC
wil 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 BLC in
advance of any such emergency access. If advance notification is not
possible Verizon wil provide notification of any such entry to BLC as
soon as possible following the entry, indicating the reasons for the
entry and any actions taken which might impact BLC's facilities or
equipment and its ability to provide service. Verizon will restrict
access to BLC'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
0, Paragraph 64.401, of the FCC's Rules and Regulations, which
specifies the priority for such activities. Verizon reserves the right,
without prior notice, to access BLC's Collocation space in an
emergency, such as fire or other unsafe conditions, or for purposes of
averting any threat of harm imposed by BLC or BLC's equipment upon
the operation of Verizon's or another CLEC's equipment, facilties
and/or employees located outside BLC's Collocation space. Verizon
will notify BLC as soon as possible when such an event has occurred.
In case of a Verizon work stoppage, BLC's employees, contractors or
agents will comply with the emergency operation procedures
established by Verizon. Such emergency procedures should not
directly affect BLC's access to its premises, or abilty to provide
service. BLC wil notify Verizon point of contact of any work stoppages
by BLC employees.
1.4 Space Requirements.
BLC 10 comp v3.3
1.4.1
1.4.2
Space Availability. If Verizon is unable to accommodate caged and
cageless Collocation requests at a Verizon premise due to space
limitations or other technical reasons, Verizon will post a list of all such
sites on its website and will update the list within ten (10) calendar
days of the date at which a Verizon premise runs out of caged and
cageless Collocation space. This information wil be listed at the
following public Internet URL: http://www.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 affliates 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 BLC to tour the entire premises of the Verizon premise, without
charge, within ten (10) calendar days of the tour request.
Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space will be increments of 100 square feet unless
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1.4.3
1.4.4
mutually agreed to otherwise by Verizon and BLC. The minimum
amount of floor space available to BLC at the time of the initial
application will be twenty-five (25) square feet of caged Collocation
space or one (1) single bay in the case of cageless Collocation. The
maximum amount of space available in a specific Verizon premise to
BLC wil 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 ACIDC power, heat and
air conditioning, battery and/or generator back-up power and other
requirements necessary for provisioning Collocation services.
Additional space to provide for caged, cageless and/or adjacent
Collocation wil be provided on a per request basis, where available.
Additional space can be requested by BLC 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.
Use of Space. Verizon and BLC wil work cooperatively to determine
proper space requirements, and effcient use of space. In addition to
other applicable requirements set forth in this Agreement, BLC 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. BLC shall use the Collocation space solely for the purposes
of installing, maintaining and operating BLC's equipment to
interconnect for the exchange of traffic with Verizon and/or for
purposes of accessing UNEs. BLC 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 BLC's
employee(s) work location, offce or retail space, or storage. The
Collocation space shall not be used as BLC's mailing or shipping
address.
Reservation of Space. Verizon reserves the right to manage its
Verizon premise conduit requirements and to reserve vacant space for
planned facility. Verizon will retain and reserve a limited amount of
vacant floor space within its Verizon premises for its own specific
future uses on terms no more favorable than applicable to other
CLECs seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Verizon premise is
reserved for Verizon's own specific future use, the Verizon premise wil
be exempt from future caged and cage less Collocation requests. BLC
shall not be permitted to reserve Verizon premise cable space or
conduit system. If new conduit is required, Verizon wil negotiate with
BLC to determine an alternative arrangement for the specific location.
BLC will be allowed to reserve Collocation space for its
caged/cage less arrangements based on BLCs 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 BLC equipment.
147
1.4.5 Collocation Space Report. Upon request by BLC and upon BLC
signing a Collocation nondisclosure agreement, Verizon will 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 cageless
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 availability for the Verizon premise. The
Collocation space report wil be provided to BLC 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, BLC 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 BLC accepts the Collocation
arrangement. If BLC does not utilze 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 BLC for reasonable direct costs
and expenses in connection with such reclamation. Verizon wil make
every reasonable effort to find other alternatives before attempting to
reclaim any such space. BLC may seek Commission relief from
reclamation within ten (10) Business Days of being notified.
1.5 Pricing.
BLC 10 comp v3.3
1.5.1 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.
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1.5.2 Subsequent to the execution of this Agreement, Verizon also may
elect to fie 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 shaH 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.
1.5.3 Billing 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 billed to BLC
when Verizon provides BLC 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.
1.6 Liability and Indemnification.
In addition to their other respective indemnification and liability obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1
1.6.2
1.6.3
1.6.4
BLC 10 comp v3.3
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 facilties) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by BLC or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Verizon's liability, if any, shall not exceed an amount equal
to the proportionate charge for the service by Verizon for the service
for the period during which service was affected.
Verizon shall not be liable for any act or omission of any other part
furnishing a portion of service used in connection with the services
herein.
Verizon is not liable for damages to BLC premises resulting from the
furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Verizon's gross negligence or willful misconduct.
Verizon shall be indemnified, defended and held harmless by BLe
and/or its end user against any claim, loss or damage arising from the
use of services offered under this Attachment, involving:
149
BLC 10 comp v3.3
1.6.5
1.6.6
1.6.7
1.6.8
1.6.9
1.6.10
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 BLC or its end user in connection with facilities
provided by Verizon, BLC, or the end user; or
1.6.4.2 Verizon shall not be liable to BLC 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 profis, regardless of
the form of action, whether in contract, indemnity, warranty,
strict liability, or tort, including (without limitation) negligence
of any kind, even if Verizon has been advised of the
possibility of such loss or damage.
Verizon does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Verizon shall be
indemnified, defended and held harmless by BLC from any and all
claims by any person relating to Bie'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 BLC 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 BLC or BLC end user, or due to
the failure of equipment, facilities, or services provided by BLC 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 facilties or equipment within the
central offce, unless caused by the gross negligence or wilful
misconduct of the part's agents or employees.
BLC 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 BLC or by any other part or person for damages to
propert 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 BLC's equipment or facilities or by their
proximity to the equipment or facilities or all parties occupying space
within or on the exterior of Verizon's central 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 willful misconduct on the part of Verizon. These
provisions shall survive the termination, cancellation, modification or
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BLC 10 comp v3.3
1.6.11
1.6.12
1.6.13
1.6.14
rescission of the Agreement for at least 18 months from the date of the
term i nation.
Verizon shall indemnify, defend and save harmless BLC 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 part 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 BLC, its employees, agents, former or
striking employees, or contractors, in connection therewith, unless
caused by gross negligence or wilful misconduct on the part of BLC.
BLC 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 propert owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central offce by BLC, and/or acts by BLC, its employees, agents or
contractors.
BLC shall indemnify, defend, and hold harmless Verizon, its directors,
offcers and employees, servants, agents, affliates 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 BLC installation and operation of its facilities or equipment
within the multiplexing node, roof space and transmitter space.
BLC 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. BLC shall indemnify, defend, and hold harmless
Verizon, its directors, offcers and employees, servants, agents,
affliates 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 BLC, its
directors, offcers, employees, servants, agents, affliates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
Verizon represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central offce, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Verizon shall indemnify,
defend, and hold harmless BLC, its directors, offcers, 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, affliates and
parent.
151
1.6.15 Verizon and BLC 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
offce 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, BLC 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
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 BLC of its plans to
repairlrestore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to BLC 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 BLC 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 BLC 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 BLC, 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
BLC 10 comp v3.3 152
BLC 10 comp v3.3
1.7.2
1.7.3
1.7.4
1.7.5
1.7.6
BLC 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 BLC'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 BLC, the liabilty and indemnification
provisions of this Attachment shall apply and Verizon may
terminate BLC Collocation arrangement immediately.
If the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of BLC, 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 BLC
Collocation equipment location or any part thereof. In this event,
Verizon wil provide BLC 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 BLC. BLC must vacate the premises by
the date specified in the notice. Verizon's rights against BLC 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 BLC, which were on account of any period subsequent to
such date shall be returned to BLC.
After any such casualty and upon request by Verizon, BLC shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of BLC salvageable
inventory and movable equipment, furniture and other property.
In the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, BLC liability for applicable non-recurring and
monthly recurring charges shall resume either upon occupancy by
BLC or thirt (30) days after written notice from Verizon that the
Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
Nothing contained in these provisions shall relieve BLC from liabilty
that may exist as a result of damage from fire or other casualty.
Each part 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 BLC each will release and waive all right of recovery
against the other or anyone claiming through or under each of them
by way of subrogation or otherwise. The release and waiver shall be
in force only if both releasers' insurance policies contain a clause
providing that such release or waiver shall not invalidate the insurance
and also, provided that such a policy can be obtained without
additional premiums.
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1.7.7 Verizon wil not carr insurance on the BLC furniture and/or furnishings
or any fixtures or equipment, improvements, or appurtenances
removable by BLC and therefore will not be obligated to repair any
damage thereto or be obligated to replace the same.
1.8 Implementation and Termination of Service.
1.8.1 Implementation of Collocation Charges. Verizon shall provide BLC
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 BLC of the Scheduled Completion Date and wil request BLC
to schedule and attend a "Collocation Acceptance Meeting" ("CAM").
Collocation charges wil be implemented in accordance with this
section regardless of the readiness of BLC to utilize 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. BLC shall pay the
balance of the NRCs ("NRC Balance") upon BLC
acceptance of the Collocation arrangement or thirt (30)
calendar days after the Collocation arrangement is
completed, whichever comes first.
1.8.1.2 Commencement of Recurring Charges. Monthly recurring
charges will commence upon CLEC acceptance of the
Collocation arrangement or thirt (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 thirt (30) calendar days after receiving the
Scheduled Completion Notice. In order for Verizon to delay
biling of monthly recurring charges for the applicable
Collocation arrangement, BLC must remit the NRC Balance
to Verizon for the Collocation arrangement with the
Extension Notice. Monthly recurring charges wil not be
biled by Verizon unti the space for the Collocation
arrangement is accepted by BLC or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if BLC 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 BLC that its Collocation
space has been requested by another CLEC. BLC will have
up to five (5) Business Days after the notification to retain
the Collocation space by notifying Verizon in writing that it
BLC 10 comp v3.3 154
desires to keep the space ("Retention Notice"). If BLC
retains the Collocation space, monthly recurring charges
shall commence for BLC thirty (30) calendar days after BLC
sends the Retention Notice or when BLC accepts the space,
whichever comes first.
1.8.2 Grounds for Termination by Verizon. Failure by BLC 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, Veriz9n reserves the right to terminate such services
upon thirt (30) calendar days notice in the event BLC: (a) is not in
conformance with provisions of this Attachment or other Company
standards and requirements; and/or (b) imposes continued disruption
and threat of harm to Company employees and/or network, or
Verizon's ability to provide service to other CLECs.
Verizon also reserves the right to terminate such services, without prior
notice, in the event BLC's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Verizon's equipment and facilities or to Company
employees located outside BLC's Collocation space.
Verizon reserves the right to inspect BLC's Collocation arrangement to
determine if suffcient DC Power and/or facility terminations are being
used to maintain interconnection and/or access to unbundled network
elements. If Verizon determines that the Collocation arrangement is
not being used for interconnection and/or access to unbundled network
elements (from, for example, insuffcient DC Power and/or facility
terminations), Verizon reserves the right to terminate BLC'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. BLC must notify Verizon in writing of its plans
to terminate a Collocation arrangement ("CLEC Termination Notice"),
and such BLC termination shall be governed by this Section.
1.8.3.1 Termination After Completion. If BLC elects to terminate an
existing Collocation arrangement after a Collocation
arrangement has been completed, the termination will be
effective thirt (30) calendar days after Verizon's receipt of
BLC Termination Notice. If CLEC terminates a Collocation
arrangement under this section, the termination shall be
governed by Section 1.8.4 and BLC 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,
BLC shall include a list of any such owners and secured
parties in BLC Termination Notice.
1.8.3.2 Termination Prior to Completion. If BLC 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 BLC
BLC 10 comp v3.3 155
Termination Notice. For all non-recurring charges
associated with providing the Collocation arrangement, BLC
wil be billed and is responsible for payment of non-recurring
charges in accordance with the following (for the purposes
of this section, the number of "Days" refers to Business
Days measured from Verizon's receipt of a complete
application from BLe):
1.8.3.2.1 Effective date of BLC termination on or between
Days 1 to 15, BLC owes 20% of non-recurring
charges.
1.8.3.2.2 Effective date of BLC termination on or between
Days 16 to 30, BLC owes 40% of non-recurring
charges.
1.8.3.2.3 Effective date of BLC termination on or between
Days 31 to 45, BLC owes 60% of non-recurring
charges.
1.8.3.2.4 Effective date of BLC termination on or between
Days 46 to 60, BLC owes 80% of non-recurring
charges.
1.8.3.2.5 Effective date of BLC termination after Day 60,
BLC owes 100% of non-recurring charges.
If after applying these percentages to NRCs already paid by
BLC, any refunds are due BLC, such refunds shall be
applied first as a credit to any accounts with balances owed
by BLC to Verizon, with any remaining refund amount
issued to BLC. Engineering/major augment fees submitted
with the application wil not be refunded. BLC Termination
Notice must be received by Verizon prior to the Scheduled
Completion Date to avoid incurring any monthly recurring
charges.
1.8.4 Effects of Termination. If Verizon or BLC terminates a Collocation
arrangement under the terms and conditions of this Attachment, the
following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges. BLC
shall disconnect and remove its equipment from the
designated Collocation space by the effective date of the
termination. Upon removal by BLC of all its equipment from
the Collocation space, if BLC does not restore the
Collocation space to its original condition at time of
occupancy, BLC will reimburse Verizon for the cost to do
so. Due to physical and technical constraints, removal of
BLC entrance facility cable wil be at Verizon's option. BLC
shall reimburse Verizon for all costs Verizon incurs to
decommission DC Power and transmission cable
terminations previously applied for by BLC. Verizon
reserves the right to remove BLC's equipment if BLC fails to
remove and dispose of the equipment by the effective date
of the termination. BLC wil be charged the appropriate
additional labor charge in the Pricing Attachment for the
BLC 10 comp v3.3 156
removal and disposal of such equipment. All monthly
recurring charges wil continue to be charged to BLC 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 Collocation space is restored
to its original condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. If Verizon or BLC has
terminated a Collocation arrangement pursuant to Sections
1.8.2 and 1.8.3 and BLC ("original CLEC") has paid a non-
recurring charge(s) for an asset in a Collocation
arrangement, and is succeeded by another CLEC who uses
the same asset ("subsequent CLEC"), BLC 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-recurring charges paid by
the subsequent CLEC. If Verizon uses an asset for which
BLC paid a non-recurring charge, Verizon will make a pro
rata refund of such paid non-recurring charges to BLC. For
purposes of calculating prorated refunds to BLC, Verizon
wil use the economic life of the asset. Any refunds issued
pursuant to this section shall be applied first as a credit to
any accounts with balances owed by BLC to Verizon, and
any remaining refund amount will be issued to BLC.
Engineering/major augment fees submitted with the
application and any other paid non-recurring charges not
associated with the asset wil not be refunded.
1.8.5 Closure. Decommissioning or Sale of Premises. Collocation
arrangements will automatically terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Verizon's network facilities. At least one hundred eighty
(180) days written notice will be given to BLC of events which may
lead to the automatic termination of any such arrangement pursuant to
the terms and conditions of this Attachment, except when
extraordinary circumstances require a shorter intervaL. In such cases,
Verizon will provide notice to BLC as soon as practicable. Verizon will
work with BLC to identify alternate Collocation arrangements. Verizon
will work cooperatively with BLC to minimize any potential for service
interruption resulting from such actions.
1.8.6 Miscellaneous. Verizon retains ownership of Verizon premise floor
space, adjacent land and equipment used to provide all forms of
Collocation. Verizon reserves for itself and its successors and
assignees, the right to utilize the Verizon premises' space in such a
manner as will best enable it to fulfill Verizon's service requirements.
BLC does not receive, as a result of entering into a Collocation
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 BLC requires use of a
Verizon local exchange line, BLC must order a business local
exchange access line (B1). BLC may not use Verizon offcial lines.
1.9 Virtual Collocation.
BLC 10 comp v3.3 157
BLC 10 comp v3.3
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
BLC provided equipment, which is dedicated to the exclusive use of
BLC in a Collocation arrangement. BLC provides fiber-optic facilities
through Verizon entrance manholes for connection to BLC virtually
collocated transmission equipment that provides interconnection to
Verizon facilities located in the premises.
The physical point of interface for connection to the virtual arrangement
is referred to as manhole zero. From this manhole into the premises,
Verizon shall assume ownership of and maintain the fiber. From this
manhole toward BLC's location, the fiber optic cable remains BLC's
responsibilty, with BLC performing all servicing and maintaining full
ownership. If BLC is purchasing Verizon provided unbundled
interoffce facilities as transport, BLC entrance fiber is not required. All
elements/services shall be connected to the output cables of the virtual
Collocation arrangement using Verizon designated cable assignments,
not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
If BLC requests virtual Collocation of equipment other than the
standard virtual arrangement, BLC and Verizon will mutually agree
upon the type of equipment to be virtually collocated.
1.9.2 Implementation Intervals and Planning. Verizon and BLC shall work
cooperatively to jointly plan the implementation milestones. Verizon
and BLe shall work cooperatively in meeting those milestones and
deliverables as determined during the joint planning process. A
preliminary schedule will be developed outlning major milestones
including anticipated delivery dates for the BLC-provided transmission
equipment and for training.
1.9.3
Verizon wil notify BLC of issues or unanticipated delays, as they
become known. Verizon and BLC shall conduct additional joint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
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 forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. ßLC shall deliver the virtual
Collocation equipment to Verizon premises by Business Day fort (40).
Verizon and BLC shall work cooperatively to schedule each site on a
priority-based order. Verizon and BLC shall mutually agree upon
intervals for non-standard arrangements.
Transmission Failure. BLC shall be responsible for monitoring and
reporting signal loss to Verizon. In the event of a transmission failure,
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BLC 10 comp v3.3
BLC 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 will notify BLC 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 BLC and leased to Verizon for the sum of one dollar after
successful installation and equipment testing by Verizon. The term of
the operating lease wil run for the duration of the virtual Collocation
arrangement, at which time BLC wil remove the equipment. BLC wil
retain ownership of this equipment inside the premises. Verizon will
operate and maintain exclusive control over this equipment inside the
premises.
Where Verizon uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, BLC may hire the same
approved contractors directly for installation, maintenance or repair of
BLC designated equipment.
Where Verizon does not use contractors, BLC designated equipment
and BLC provided facilities used in the provision of virtual Collocation
will be installed, maintained and repaired by Verizon. Verizon will
maintain and repair BLC designated equipment under the same
timeframe and standards as its own equipment.
BLC personnel are not allowed on Verizon premises to maintain and
repair on virtual Collocation equipment.
Verizon shall monitor local premises and environmental alarms to
support the equipment. Verizon will notify BLC if a local offce alarm
detects an equipment affecting condition.
Verizon will be responsible to pull the fiber into and through the cable
entrance facility (i.e., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facility are performed by Verizon
personnel or its agents.
No virtual Collocation arrangement will be placed in service by Verizon
until necessary training has been completed (refer to Section 1.9.11).
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 BLC-dedicated plug-in/card storage cabinet. BLC will be
notified as the plug-in/card is replaced.
Verizon will not provide spare plug-ins/cards under any circumstances,
nor is Verizon responsible for BLC's failure to replace defective plug-
ins/cards. Verizon shall not be held responsible if BLC provides an
inadequate supply of plug-ins/cards. Verizon wil segregate and secure
BLC-provided maintenance spares in BLC-provided spare plug-in/card
cabinet.
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BLC 10 comp v3.3
BLC shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, BLC 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 agreed by Verizon
and BLC, provided however, that in no event shall the number of spare
plug-ins/cards be less than two of each type. These spares must be
tested by BLC prior to delivery to Verizon.
In addition to maintenance spares, BLC will also provide any unique
tools or test equipment required to maintain, turn-up, or repair the
equipment.
Upon receiving notification from Verizon that a plug-in/card has been
replaced, BLC is then responsible to contact the Verizon operations
manager to arrange exchange and replacement of the plug-in/card.
Exchanged, pre-tested spares shall be provided within one week of
replacement of a defective plug-in/card.
Subject to premise space availability, BLC shall have the option of
providing a stand-alone spare plug-in/card cabinet(s) or a rack-
mountable spare plug-in/card cabinet(s), to Verizon's specification, to
house the spare plug-ins/cards. The spare plug-in/card cabinet(s) and
minimum number of maintenance spares must be provided before the
virtual Collocation arrangement is completed and service is
established.
The amount of spare plug-ins/cards required wil be based on the
manufacturer's recommended amount, unless otherwise mutually
agreed by Verizon and BLC.
1.9.6 Safety and Technical Standards. Verizon reserves all rights to
terminate, modify or reconfigure the provision of service to BLC if, in
the discretion of Verizon, provision of service to BLC may in any way
interfere with or adversely affect Verizon's network or its abilty to
service other CLECs.
All BLC equipment to be installed in Verizon premises must fully
comply with the GR - 000063 - CORE, GR -1089 - CORE and
Verizon's premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
It is BLC's responsibility to demonstrate and provide to Verizon
adequate documentation from an accredited source certifying
compliance. BLC 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.
BLC 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. BLC may
install equipment that has been deployed by Verizon for five years or
more with a proven safety record.
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BLC 10 comp v3.3
1.9.7
1.9.8
1.9.9
1.9.10
All BLC's entrance facilities 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 codes) 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) Silca 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 BLC's circuits and provides the installation,
maintenance, and repair services necessary to assure proper
operation of the virtually collocated facilities and equipment. Such
work wil be performed by Verizon under the direction of BLC.
Removal of Equipment. Verizon reserves the right to remove facilties
and equipment from its list of approved products 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 BLC at the number provided and service the
equipment as instructed and directed by BLC.
Placement. Removal and Monitoring of Facilities and Equipment.
From manhole zero toward BLC's location the fiber optic cable
remains BLC's responsibility, with BLC performing all servicing and
maintaining full ownership.
BLC has the responsibilty to remotely monitor and control their circuits
terminating in Verizon's premises, however, BLC will not enter
Verizon's premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by BLC. A clear distinction must be made by BLC 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 wil require specially
trained technicians familiar with the collocated equipment (refer to
Section 1.9.11).
When BLC isolates a trouble and determines that a Verizon technician
should be dispatched to the equipment location for a servicing
procedure, BLC shall enter a trouble ticket with Verizon. BLC 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 BLC's technician/contact.
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BLC 10 comp v3.3
1.9.11
1.9.12
1.9.13
Responses to all equipment servicing needs wil be at BLC's direction.
Maintenance wil not be performed without BLC's direct instruction and
authorization.
If BLC is providing its own transport fiber for the virtual Collocation
arrangement, BLC 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 BLC. Verizon technicians wil perform the instructed
activities on the equipment as specifically directed by BLC.
BLC shall provide, own, and operate the terminal equipment at their
site outside Verizon's premises.
Use of Non-Standard Eguipment. When BLC requests a virtual
Collocation arrangement consisting of equipment which Verizon does
not use in its network nor has deployed in that particular premise to
provide service to itself or another CLEC, BLC shall be responsible for
training 50%, but no fewer than five, of Verizon technicians in the
administrative work unit responsible for servicing the equipment. Any
special tools or electronic test sets that Verizon does not have at the
premises involved must be provided by BLC with adequate
manufacturer's training.
BLC is responsible to arrange and pay all costs (including but not
limited to transportation and lodging for Verizon technicians) to have
Verizon technicians professionally trained by appropriate trainers
certified on the specific equipment to be used to provide the virtual
Collocation arrangement to BLC. BLC shall also pay for Verizon
technicians' time subject to rates contained in the Pricing Attachment.
When travel is required, travel expenses associated with training wil be
charged to BLC based on ticket stubs and/or receipts. This includes
paying for mileage according to the IRS rates for personal car mileage
or airfare, as appropriate BLC also has the option of arranging and
paying for all travel expenses for Verizon technicians directly.
In the event of an equipment upgrade, BLC must provide secondary
training subject to the provisions contained herein.
Additions and Rearrangements. Once BLC has established a virtual
Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. If BLC decides to rearrange an existing
virtual Collocation arrangement, BLC must submit a new application
outlining the details of the rearrangement along with a virtual
engineering/major augment fee.
Application of Rates and Charges.
Biling. Verizon will apply charges (e.g., non-recurring and recurring
rates for entry fiber, power, etc.) and commence biling for the virtual
Collocation arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control. The
162
readiness of BLC to utilize the completed virtual Collocation
arrangement wil not impair the right of Verizon to commence billing.
Verizon shall charge BLC 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 expenses associated with
placing BLC's fiber in manhole zero, including license fees, shall be the
responsibilty of BLC.
Virtual Engineering Fee. Verizon wil require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Verizon location where BLC requests to establish
virtual Collocation. A virtual engineering/major augment fee is required
to be submitted by BLC with its application. This fee applies for all new
virtual Collocation arrangements as well as subsequent additions to an
existing arrangement, and provides for application processing, and for
Verizon's performance of an initial site visit and an engineering
evaluation.
If BLC cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, BLC will be liable for all costs and
liabilties incurred by Verizon in the developing, establishing, or
otherwise furnishing the virtual Collocation arrangement up to the point
of cancellation or withdrawaL.
1.9.14
Other Virtual Collocation Rate Elements. The application, description,
and rates of Collocation rate elements that are also applicable for
virtual Collocation are described in the Pricing Attachment.
Conversions. Requests for converting virtual Collocation
arrangements to caged or cageless arrangements shall be submitted
and designated as an Augment Application described in Section 1.2.5.
Requests for converting a virtual arrangement to a cageless
arrangement that requires no physical changes to the arrangement wil
be assessed a minor augment fee. All other conversion requests for
virtual to caged or cage less will be assessed an engineering/major
augment Fee and other applicable charges. Verizon will notify BLC
within ten (10) Business Days following receipt of the completed
Augment Application if BLC conversion request is accepted or denied.
When converting a virtual arrangement to a caged or cage less
arrangement, BLC's equipment may need to be relocated. BLC wil be
responsible for all costs associated with the relocation of its equipment
as described in Section 1.2.7.
1.10 Microwave Collocation.
BLC 10 comp v3.3
Microwave Collocation is available on a first-come first-served basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Verizon facilities through the Collocation arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attachment shall apply to microwave Collocation.
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BLC 10 comp v3.3
1.10.1
1.10.2
Accommodations. Verizon wil provide space within the cable riser,
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Verizon's interconnection
point. Waveguide may not be placed in Verizon cable risers or racks.
Verizon reserves the right to prohibit the installation of waveguide,
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 will be discussed during the pre-construction
survey.
Verizon will designate the space in, on or above the exterior walls and
roof of the premises, which will constitute the roof space or
transmitter/receiver space. Verizon may require BLC's
transmitter/receiver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or relay rack mounted. Verizon
may enclose BLC's multiplexing node or transmitter/receiver equipment
in a cage or room.
At the option of Verizon, the antenna support structure shall be built,
owned and maintained by either Verizon or by BLC. Verizon reserves
the right to use existing support structures for BLC's antenna, subject
to space and capacity limitations. Verizon also reserves the right to
use any unused portion of a support structure owned by BLC for any
reason, subject to the provisions set forth below. It shall be the
responsibility of the owner of the support structure to maintain a record
of the net book value of the structure. When Verizon is the owner of
the structure, it shall keep such records in accordance with the FCC's
Part 32 uniform system of accounts. When BLC is the owner of the
structure, it shall keep such records in accordance with generally
accepted accounting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilties, transmitter/receiver
equipment may be located in BLC's interior Collocation space, or in a
separate location inside or on the exterior of the building as determined
by Verizon.
Security. Verizon wil permit BLC's employees, agents and
contractors approved by Verizon to have access to the areas where
BLC'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 hours for
installation and routine maintenance, provided that BLC 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 will
provide access on a per event basis.
Verizon wil also permit all approved employees, agents and contractors of BLC
to have access to BLC's cable and associated equipment (e.g., repeaters). This
wil include access to riser cable, cableways, and any room or area necessary for
access.
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BLC 10 comp v3.3
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 compatibilty and
electrical safety generic criteria for network telecommunication
equipment specified in GR - 1089 - CORE. Verizon will provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible.
Verizon reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, BLC or if applicable, Verizon,
shall have the complete structure, including guys and supports,
inspected every two years by an acceptable licensed professional
engineer of its choice specializing in this type of inspection. For BLC
owned structures that are solely for the use of one CLEC's antenna(s),
such inspection will be at BLC's own cost and expense. For structures
used by multiple CLECs, the costs associated with such inspection
shall be apportioned based on relative capacity ratios. A copy of this
report may be filed with Verizon within ten (10) days of the inspection.
The owner shall be responsible to complete all maintenance and/or
repairs, as recommended by the engineer, within 90 days.
BLC shall provide written notice to Verizon of any complaint (and
resolution of such complaint) by any governmental authority or others
pertaining to the installation, maintenance or operation of BLC's
facilities or equipment located in roof space or transmitter/receiver
space. BLC also agrees to take all necessary corrective action.
All BLC microwave equipment to be installed in or on the exterior of
Verizon premises must be on the Verizon's list of approved products,
or equipment that is demonstrated as complying with the technical
specifications described herein. Where a difference may exist in the
specifications, the more stringent shall apply.
BLC 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
safeguards, and ensure that BLC provided equipment and installation
activities do not act as a hindrance to Verizon services or facilities.
BLC'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.
BLC 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.
165
BLC 10 comp v3.3
1.10.4
1.10.5
All BLC 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
interference with Verizon services or facilties.
The equipment located in, on or above the exterior walls or roof of
Verizon's building must either be on Verizon's list of approved products
or fully comply with requirements specified in GR - 63 - CORE, GR -
1089 - CORE and NIP 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 interference with Verizon service or facilities.
Each transmitter individually and all transmitters collectively at a given
location shall comply with appropriate federal, state and/or local
regulations governing the safe levels of radio frequency radiation. The
minimum standard to be met by BLC in all cases is specified in ANSI
C95.1 -1982.
BLC 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. BLC
equipment is not required to meet the same performance and reliabilty
standards as Verizon imposes 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 BLC's facilities or transmission equipment for microwave
interconnection, BLC must obtain at its sole cost and expense all
necessary licenses, permits, approvals, and/or variances for the
installation and operation of the equipment and particular microwave
system, and when applicable for any towers or support structures, as
may be required by authorities having jurisdiction.
BLC is not permitted to penetrate the building exterior wall or roof when
installng or maintaining transmission equipment and support
structures. All building penetration wil be done by Verizon or a hired
agent of Verizon.
Any BLC'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 BLC.
BLe will be responsible for supplying, installing, 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.
BLC may install equipment that has been deployed by Verizon for five
years or more with a proven safety record.
Moves. Replacements or Other Modifications. Where BLC 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
166
BLC 10 comp v3.3
1.10.6
consideration (e.g., use offreight elevators, loading dock, staging
area, etc.), BLC must request and receive written consent from
Verizon. Such consent wil not be unreasonably withheld. BLC shall
not make any changes from initial installation in terms of the number of
transmitter/receivers, type of radio equipment, power output of
transmitters or any other technical parameters without the prior written
approval of Verizon.
Space and Facilities. Monthly rates are applicable to BLC for the
space (generally on the premises roof) associated with Verizon or
other CLEC owned antenna support structures. The rate is calculated
using the rate per square foot, multiplied by the square footage of the
footprint, which resultant is multiplied by BLC's relative capacity ratio
(RCR), (i.e., the sum of the RCRs of each of the BLC's antennas).
Square footage for the footprint will be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
structures used by BLC. For a non-rectangular footprint, the length wil
be measured at the longest part of the footprint and the width wil be
the widest part of the footprint.
The owner of the support structure may charge BLC proposing to use
the structure, on a one-time basis, for the following costs and/or values.
Any incremental costs associated with installng the BLC's antenna,
including but not limited to, the costs of engineering studies, roof
penetrations, structural attachments, support structure modification or
reinforcement, zoning and building permits. A portion of the net book
value of the support structure is based on the RCR of BLC's proposed
antenna(s) to be mounted on the structure. BLC's RCR represents the
percent of the total capacity of the support structure used by BLC's
antenna(s) on the structure. Spare capacity shall be deemed to be that
of the owner of the structure. RCRs shall be expressed as a two place
decimal number, rounded to the nearest whole percent. The sum of all
users' RCRs and the owner's RCR shall at all times equal 1.00. It shall
be the responsibilty of the owner of the structure to provide BLC 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 BLC any charges in
addition to the one-time charge described above, except that the owner
of the structure may assess BLC a proportionate share of inspection
costs and Verizon may assess BLC monthly recurring charges for use
of its roof space. At the time BLC proposes to attach additional
antennas to an existing support structure, it shall be the responsibilty
of BLC 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 BLC is the owner of the structure, the proposed user shall pay
BLC 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 BLC 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.
167
BLC 10 comp v3.3
1.10.7
1.10.8
Costs incurred by Verizon to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto in
order to insure that such loadings meet generally accepted engineering
criteria for radio tower structures, wil be biled to BLC.
Emergency Power and/or Environmental Support. In the event special
work must be done by Verizon to provide emergency power or
environmental support to the transmitter/receiver equipment or
antenna, BLC will be billed on a time and materials basis for the costs
incurred.
Escorting. When BLC personnel are escorted by a qualified Verizon
employee for access to the roof space, transmitter/receiver space, or
cable risers and racking for maintenance, the miscellaneous labor
charges as set forth in the Pricing Attachment will apply.
168
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-digit 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 BLC, to the extent
permitted by Applicable Law. Such information is provided at the Verizon Partner
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 Offce(s)/Selective Router(s) and associated
geographic location 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 Verizon'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 BLC a
complete copy of such MSAG annually upon written request for each
county within the LATA(s) in the State of Idaho, where BLC is
providing Telephone Exchange Service, provided that Verizon is
permitted to do so by Controllng 911 Authority.
2. ALI Database
2.1 ,Where Verizon manages the ALI Database, information regarding the ALI
Database is provided electronically at the Verizon Partner Solutions website
(formerly referred to as the Verizon wholesale website).
Where Verizon manages the ALI Database, Verizon shall:2.2
2.2.1 store BLC end user data provided by BLC in the ALI Database;
2.2.2 provide BLC access to the ALI Database for the initial loading and
updating of BLC end user records in accordance with information
contained in the Verizon Partner Solutions website (formerly referred
to as the Verizon wholesale website); and
2.2.3 provide BLC an error and status report based on updates to the ALI
Database received from BLC.
2.3 Where Verizon manages the ALI Database, BLC shall:
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 ALI database;
2.3.2 utilze the appropriate Verizon electronic interface to update E-911
data in the ALI Database related its end users (and all such database
BLC 10 comp v3.3 169
information in the ALI Database shall conform to Verizon standards,
which are provided at the Verizon Partner Solutions website (formerly
referred to as the Verizon wholesale website));
2.3.3 use its company 10 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 BLC's
NENA 10 to lock and unlock records and the posting of the BLC NENA
10 to the ALI Database record where such locking and unlocking
feature for E-911 records is available, or as defined by local standards.
BLC is required to promptly unlock and migrate its E-911 records in
accordance with NENA standards. In the event that BLC discontinues
providing Telephone Exchange Service 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 BLC uses an Agent to input its end user's E-911 data to the ALI
Database through the appropriate Verizon electronic interface, BLC shall provide
a Letter of Authorization, in a form acceptable to Verizon, identifying and
authorizing its Agent.
3. 9111E-911 Interconnection
3.1 BLC may, in accordance with Applicable Law, interconnect to the Verizon 911/E-
911 Tandem Office(s)/Selective Router(s) or Verizon interface point(s). Verizon
shall designate interface point(s), e.g., digital cross connect systems (DCS),
where BLC may interconnect with Verizon for the transmission and routing of
911/E-911 Calls to all subtending PSAPs that serve the areas in which BLC
provides Telephone Exchange Services.
3.2 In order to interconnect with Verizon for the transmission and routing of 911/E-
911 Calls, BLC shall:
3.2.1
3.2.2
3.2.3
3.2.4
BLC 10 comp v3.3
interconnect with each Verizon 911/E-911 Tandem Offce/Selective
Router or Verizon interface point that serves the exchange areas in
which BLC is authorized to and wil provide Telephone Exchange
Service;
provide a minimum of two (2) one-way outgoing 911/E-911 trunks over
diversely routed facilties that are dedicated for originating 911/E-911
Calls from the BLC switch to each designated Verizon 911/E-911
Tandem Offce/Selective Router or Verizon interface point, using SS7
signaling where available, as necessary;
(Intentionally Left Blank);
provide suffcient trunks and facilities to route 911/E-911 Calls from
BLC to the designated Verizon 911/E-911 Tandem Offce(s)/Selective
Router(s) or Verizon interface point(s). BLC is responsible for
requesting that trunks and facilties be routed diversely for 911/E-911
interconnection;
170
3.2.5 determine the proper quantity of trunks and facilities from its switch(es)
to the Verizon 911/E-911 Tandem Offce(s)/Selective Router(s) or
Verizon interface point(s);
3.2.6 engineer its 911/E-911 trunks and facilties to attain a minimum P.01
grade of service as measured using the "busy day/busy hout' 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 facilities for the purpose of
determining originating network traffic volumes. If the BLC traffic study
indicates that additional trunks and/or facilities are needed to meet the
current level of 911/E-911 Call volumes, BLC shall order or otherwise
provide adequate additional trunks and/or facilities;
3.2.8 promptly test all 911/E-911 trunks and facilities between the BLC
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. BLC shall not transmit or route live 911/E-
911 Calls until successful testing is completed; and
3.2.9 isolate, coordinate and restore all 911/E-911 network maintenance
problems from itsswitch(es) to the Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon interface points. BLC shall
advise Verizon of the circuit identification when notifying Verizon of a
failure or outage.
4. 911/E-911 General
4.1 Verizon and BLC shall work cooperatively to arrange meetings with the
Controllng 911 Authorities to answer any technical questions the PSAPs, or
county or municipal coordinators may have regarding the initial 911/E-911
arrangements
4.2 BLC shall compensate Verizon for provision of 911/E-911 Services pursuant to
the Pricing Attachment of this Agreement.
4.3 BLC and Verizon shall comply with all Applicable Law (including 911 taxes and
surcharges as defined by Applicable Law) pertaining to 911/E-911 arrangements.
4.4 BLC shall collect and remit, as required, any 911/E-911 applicable surcharges
from its end users in accordance with Applicable Law.
5. Good Faith Penormance
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 BLC 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 Part may utilize the Agreement's dispute resolution procedures.
BLC 10 comp v3.3 171
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 Attachment, 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 Party's applicable Tariff.
1.4 In the absence of Charges for a Service established pursuant to Section 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attachment
that do not include a Charge, either marked as "TBD" or otherwise, Verizon is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective Date"). When Verizon finishes
developing such a Charge, Verizon shall notify BLC in writing of such Charge in
accordance with, and subject to, the notices provisions of this Agreement and
thereafter shall bil BLC, and BLC 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 BLC 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 BLC and thereafter.
1.5 The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically superseded
by any new Charge( s) when such new Charge( s) are required by any order of the
Commission or' the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has been filed with the Commission or the FCC), provided such
new Charge(s) are not subject to a stay issued by any court of competent
jurisdiction.
1.6 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Part's FCC or Commission approved Charges.
1.8 In the absence of Charges for a Service established pursuant to Sections 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 BLC 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.
BLC 10 comp v3.3 172
2.1.1 The Charges for a Verizon Telecommunications Service purchased by
BLC for resale for which Verizon is required to provide a wholesale
discount pursuant to Section 251 (c)( 4) of the Act shall be the Retail
Price for such Service set forth in Verizon's applicable Tariffs (or, if
there is no Tariff Retail Price for such Service, Verizon's Retail Price
for the Service that is generally offered to Verizon's Customers), less,
to the extent required by Applicable Law: (a) the applicable wholesale
discount stated in Verizon's Tariffs for Verizon Telecommunications
Services purchased for resale pursuant to Section 251 (c)(4) of the Act;
or (b) in the absence of an applicable Verizon Tariff wholesale
discount for Verizon Telecommunications Services purchased for
resale pursuant to Section 251 (c)( 4) of the Act, the applicable
wholesale discount stated in Appendix A for Verizon
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act.
2.1.2 The Charges for a Verizon Telecommunications Service Customer
Specific Arrangement ("CSA") purchased by BLC for resale pursuant
to Section 3.3 of the Resale Attachment for which Verizon is required
to provide a wholesale discount pursuant to Section 251(c)(4) of the
Act shall be the Retail Price for the CSA, less, to the extent required
by Applicable Law: (a) the applicable wholesale discount stated in
Verizon's Tariffs for Verizon Telecommunications Services purchased
for resale pursuant to Section 251 (c)(4) of the Act; or (b) in the
absence of an applicable Verizon Tariff wholesale discount for Verizon
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act, the applicable discount stated in
Appendix A for Verizon Telecommunications Services purchased for
resale pursuant to Section 251 (c)(4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Verizon may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to BLC 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 BLC for resale pursuant to
Section 251 (c)(4) of the Act.
2.1.4 The wholesale discount stated in Appendix A shall be automatically
superseded by any new wholesale discount when such new wholesale
discount is required by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
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;
BLC 10 comp v3.3 173
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 Party 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 (c)(4) of the Act shall be the Charges stated in Verizon's
Tariffs for such Verizon Telecommunications Service (or, if there are
no Verizon Tariff Charges for such Service, Verizon's Charges for the
Service that are generally offered by Verizon).
2.2.2 The Charges for a Verizon Telecommunications Service customer
specific contract service arrangement ("CSA") purchased by BLC
pursuant to Section 3.3 of the Resale Attachment for which Verizon is
not required to provide a wholesale discount pursuant to Section
251 (c)(4) of the Act shall be the Charges provided for in the CSA and
any other Charges that Verizon could bill the person to whom the CSA
was originally provided (including, but not limited to, applicable Verizon
Tariff Charges).
2.3 Other Charges.
2.3.1 BLC shall pay, or collect and remit to Verizon, without discount, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Verizon Telecommunications
Services provided by Verizon to BLC.
3. BLC Prices
Notwithstanding any other provision of this Agreement, the Charges that BLC bils
Verizon for BLC's Services shall not exceed the Charges for Verizon's comparable
Services, except to the extent that BLC's cost to provide such BLC's Services to Verizon
exceeds the Charges for Verizon's comparable Services and BLC has demonstrated
such cost 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 Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
with regard to the Charges of the other Part (including, but not limited to, a proceeding
BLC 10 comp v3.3 174
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
BLC 10 comp v3.3 175
APPENDIX A TO THE PRICING ATTACHMENT1
(IDAHO)
v1.13
I. Rates and Charges for Transport and Termination of Traffic2
A. Reciprocal Compensation Traffic Termination
Reciprocal Compensation Traffic 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 $0.0018345 per minute of use.
C. Entrance Facility and Transport for Interconnection Charges: See Intrastate
Special Access Tariff
D. Exchange Access Service: Per Verizon interstate and/or Verizon intrastate
access tariff
This Appendix may contain rates for (and/or reference) services, facilities, arrngements and the like
that Verizon does not have an obligation to provide under the Agreement (e.g., services, facilties, arrangements and the
like that Verizon is not required to provide under Section 251 of the Act). Notwthstanding any such rates (and/or
references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to require Verizon to provide a
service, facility, arrngement or the like that the Agreement does not require Verizon to provide, or to provide a service,
facility, arrngement or the like upon rates, terms or conditions other than those that may be required by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates
and/or charges as the Commission or the FCC may approve or allow to go into effect from time to time, subject however,
to any stay or other order issued by any court of competent jurisdiction. In addition to any rates and charges set fort
herein, Verizon, effective as of Marc 11,2005, may, but shall not be required to, charge (and BLC shall pay) any rates
and charges that apply to a CLEC's embedded base of certin UNEs pursuant to the FCC's Order on Remand,
Unbundled Access to Network Elements; Review of the Section 251 Unbundling Obligations of Incumbent Local
Exchange Carriers, WC Oocket No. 04-313, CC Oocket No. 01-338 (FCC rei' Feb. 4, 2005) (the "TRRO"), the foregoing
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 certin
facilties and arrangements that are no longer available as unbundled network elements or combinations thereof.
2 All rates and charges specified herein are pertaining to the Interconnection Attachment.
BLC 10 comp v3.3 176
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
$273.09
$ 11.69
Ordering and Provisioning
Engineered Initial Service Order (ISO) - New Service
Engineered Initial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered Initial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered Initial Service Order - As Specified
Non-Engineered Subsequent Service Order
Central Offce Connect
Outside Facility Connect
Manual Ordering Charge
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 12.21
$ 68.30
$ 12.17
Product Specific
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, wil 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 Facility Connection
$ 35.48
$ 12.59
$ 17.76
$ 10.71
$ 9.59
Hot Coordinated Conversion First Hour:ISO $ 30.55Central Office Connection $ 42.83Outside Facilty Connection $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:ISO $ 6.40Central Office Connection $ 10.71Outside Facilty Connection $ 9.59
BLC 10 comp v3.3 177
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that BLC orders
any service from this Agreement.
Customer Record Search applies when BLC requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered Initial Service Order - New Service applies per Local Service Request (LSR)
when engineering work activity is required to complete the order, 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 BLC. Complex Services are
services that require a data gathering form or have special instructions.
Non-Engineered Initial Service Order - Changeover applies only to Basic Services for
services migrating from Verizon to BLC. End-user service may remain the same or
change.
Central Office Connect applies in addition to the ISO when physical installation is
required at the central offce.
Outside Facility Connect applies in addition to the ISO when incremental fieldwork is
required.
Manual Ordering Charge applies to orders that require Verizon to manually enter BLC's
order into Verizon's Secure Integrated Gateway System (SIGS), e.g. faxed orders and
orders sent via physical or electronic maiL.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if BLC requests service
prior to the standard due date intervals.
Coordinated Conversion applies if BLC requests notification and coordination of service
cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if BLC 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.
BLC 10 comp v3.3 178
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 Distribution $26.04
4-Wire Distribution $45.64
2-Wire Drop $5.57
4-Wire Drop $5.91
Inside Wire BFR
Network Intenace Device (leased separately)
Basic NID:$1.80
Complex (12 x) NID $1.90
Dedicated Transport Facilties
Interoffce Dedicated Transport
lOT DSO Transport Facility per ALM $0.13
lOT DSO Transport Termination $12.90
lOT DS1 Transport Facility per ALM $1.91
lOT DS1 Transport Termination $45.00
lOT DS3 Transport Facilty per ALM $25.15
lOT DS3 Transport Termination $234.14
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing $194.78
DS3 to DS1 Multiplexing $550.00
DS1 Clear Channel Capability $26.00
3 For the avoidance of any doubt, in addition to any rates and charges set forth herein, Verizon,
effective as of March 11,2005, may, but shall not be required to, charge (and BLC shall pay) any rates and charges that
apply to a CLEC's embedded base of certin UNEs pursuant to the TRRO, the foregoing being without limitation of other
rates and charges that may apply under subsequent FCC orders or otherwise; in addition, as set forth in Industry Notices,
accss tariff rates and/or other applicable non-UNE rates may apply for certain facilities and arrngements that are no
longer available as unbundled network elements or combinations thereof.
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 accss
lines. The terms and conditions on which these promotional discounts are being made available can be found on
Verizon's web site, at http://ww.gte.com/wiseforformer GTE service areas and http://ww.bell-
atl.com/wholesale/htmllresources.htm for former Bell Atlantic service areas.
BLC 10 comp v3.3 179
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber lOT -Facilty
Dark Fiber lOT -Termination
Intermediate Office Cross Connect
BLC 10 comp v3.3 180
$67.13
$
$
24.80
6.34
TBD
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, lOT, Multiplexing, & Clear
Channel Capability).
BLC 10 comp v3.3 181
Line Splitting (also referred to as "Loop Sharing,,)5 6
B. Other Charges
As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring 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 Connection-
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, Expedited, Digital Designed
Recurring and Non-Recurring Chargesi. Regrade $9.59 NRC
A. Unbundled Local Loops
ii. *Service Connection
*Service ConnectionlOther
A second Service Connection
NRC and Service Connection/
Other NRC applies on New
Loop Sharing Arrangements
involving the connection of
both voice and data
connections.
iii. Disconnect A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.
iv. Line and Station Transfers
IPair Swaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arrangements.
C. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
Installation Rates)
As Applicable per this Appendix A.
Rates for the individual line splitting components are contained in existing terms for Unbundled
Network Elements and Collocation.
This Pricing Attchment incorporates by reference the rates set forth in the Agreement for the
services and charges referenced herein. In the event this Pricing Attchment 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.
BLC 10 comp v3.3 182
NON-RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
$
$
166.32
4.21
Ordering and Provisioning
Loop:
ISO
Outside Facility Connection
$294.07
$49.31
$12.21
$68.30
$33.38
$42.69
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Office Connection
Outside Facilty Connection (See Note 1)
NID:
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
Coordinated Conversions:
ISO
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour:
iSO
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion per Additional Quarter Hour:
ISO
Central Office Connection
Outside Facility Connection
Note 1: The Outside Loop Facility Charge wil apply when fieldwork is required for establishment
of a new unbundled loop service.
BLC 10 comp v3.3 183
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 $ 88.39 $ 56.13 $12.21 N/A
Advanced - Basic (2-wire and 4-wire) - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS1/DS3 -Initial $ 97.94 $ 65.68 $12.21 N/A
DS1/DS3 - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS3 to DS1 Multiplexer N/A N/A $450.00 N/A
DS1 to DSO Multiplexer N/A N/A $800.00 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)$161.87 $99.77 $41.64 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-$7.52 $4.56 $41.64 N/A
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As Is)$179.37 $117.27 $41.64 N/A
Advanced - Complex (DS1 and above) Changeover (As Is)-$7.52 $4.56 $41.64 N/A
Additional MOG (Mass Order Generator) Only
BLC 10 comp v3.3 184
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
N/A
N/A
N/A
N/A
N/A
N/A
$318.71
$249.91
$568.62
$ 34.88
$
$ 34.88
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
$ 63.01
$ 28.77
$ 72.56
$ 28.77
$428.58
$ 58.20
$584.49
$ 86.80
Exchange Products
Advanced Products
$ 3.36
$ 25.80
$ 3.36
$ 25.80
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 4.21
$166.32
$40.96
$
$166.32
$40.96
N/A
N/A
N/A
These charges are interim and subject to retroactive true back to the Effctive Oate of this
Agreement.8 A Line and Station Transfer (LST) Charge applies when Verizon arrnges or rearranges an individual
circuit at a terminal or cross-connect box to free up a pair or suitable facility at the required service location; examples
include an arrngement of copper to OLC, the rearrngement of 10LC to copper and the rearrangement of 10LC to UOLC.
BLC 10 comp v3.3 185
N/A
N/A
N/A
Engineering Query10 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 - DS1 Installation N/A N/A $ 809.72 N/A
Channel Unit to Universal/Cotted 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 $482.90 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
OTHER
Commingled Arrangements - per 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
This Appendix may contain rates and charges for (and/or reference) services, facilities, arrngements and the
like that Verizon does not have an obligation to provide under the Agreement (e.g., services, facilties, arrangements and
the like for which an unbundling requirement does not exist under 47 U.S.C. Section 251(cX3)). Notwthstanding 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, facility, arrangement or the like that the Agreement does not require
Verizon to provide, or to provide a service, facility, arrngement or the like upon rates, terms or conditions other than
those that may be required by the Agreement.
Engineering Query Charges apply in addition to charges for actual netwrk 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.
BLC 10 comp v3.3 186
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 BLC orders
any service from this Agreement.
Customer Record Search applies when BLC requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each 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 ISO 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 services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer's needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution, 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 ISO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation
and grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
BLC 10 comp v3.3 187
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to
determine the availability of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, lOT, Multiplexing and Clear Channel Capability
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if BLC requests service prior to the standard due date
intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if BLC requests notification and coordination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if BLC 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.
BLC 10 comp v3.3 188
IV. Rates and Charges for 911
See State Access Tariff.
BLC 10 comp v3.3 189
V. Collocation Rates
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
Cage Grounding Bar per bar NRC 1,437.55
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 PullITermination
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
DS1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination (Preconnectorized) per termination NRC 2.00
DS3 Coaxial Cable Termination (Unconnectorized)per termination NRC 11.00
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per 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 Timing per project NRC 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
BLC 10 comp v3.3 190
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 MRC 11.00
BLC 10 comp v3.3 191
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
Facility 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
DS1 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 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 Timing per project 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 Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
BLC 10 comp v3.3 192
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
BLC 10 comp v3.3 193
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 per DS3 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 coaxial MRC 11.00
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilization per subduct MRC 1.00
Fiber Cable - 96 fiber
Space Utiization per subduct MRC 1.00
Cable Rack Space
Metallc DSO 1 lin ft MRC 0.01
Metallic DS1 1 lin ft MRC 0.01
Fiber per innerduct ft MRC 0.02
Coaxial 1 lin ft MRC 0.01
BLC 10 comp v3.3 194
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 PulllTermination 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
Facility 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
DS1 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 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 Timing per project 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 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 Patchcord Duct Space per cable run MRC 0.56
BLC 10 comp v3.3 195
Elements
Manhole Space - Fiber
Subduct Space. Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material
Fiber Cable - 96 Fiber
Material
BITS Timing
BLC 10 comp v3.3
per splice MRC 10.00
per splice MRC 27.00
per occurrence MRC 11.00
196
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 occurrence NRC ICB
Monthly Recurring Prices
Rooftop Space per sq ft MRC 4.65
BLC 10 comp v3.3 197
Non-Recurring Prices
DSO
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per order
per order
per jumper
per order
DSlIDS3/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
BLC 10 comp v3.3 198
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
Facilty Cable-DSO Cable (Connectorized) 100 per cable run NRC 324.00
pair
Facilty Cable-DS1 Cable (Connectorized)per cable run NRC 301.00
Facilty Cable-DS3 Coaxial Cable per cable run NRC 82.00
Fiber Optic Patchcord - 24 Fiber (Connectorized)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 cable 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 Connectorized per linear ft NRC 1.07
Collocation Space Report per premise NRC 1,218.00
BLC 10 comp v3.3 199
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 sufficient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
suffcient DC power facilities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Offce Engineers to attend status meetings.
Engineering/Major Augment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is 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, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Cage Grounding Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator's cage.
BITS Timing. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstructure charge is designed to
recover Verizon's engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facility Cable or Fiber Optic Patchcord PulllTermination-Engineering. The Facility Cable or Fiber
Optic Patch cord PulllTermination-Engineering charge is applied per project to recover the
engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution paneL. The charge would also apply per project to recover the engineering costs of
pullng transmission cable from microwave antennae facilties on the rooftop to the collocation
cage or relay rack.
BLC 10 comp v3.3 200
Facility PulL. The Facility Pull charge is applied per cable run and recovers the labor cost of
pullng metallc cable or fiber optic patchcord from the collocation cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distribution paneL.
Cable Termination. The Cable Termination charge is applied per cable or fiber optic patch cord
terminated and is designed to recover the labor cost of terminating or disconnecting transmission
cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution paneL.
Fiber Cable Pull-Engineering. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Verizon'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 labor costs of pullng
the CLEC's fiber cable into Verizon's central offce.
Fiber Cable Pull-Fire Retardant. This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.
Fiber Splice-Engineering. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.
Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Verizon's engineering and installation costs for pulling and terminating DC power
cables to the collocation area. For initial applications, each DC Power feed wil require two (2)
cables.
Cable Material Charges. The CLEC has the option of providing its own cable or Verizon may, at
the CLEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. If Verizon provides these cables, the applicable Cable
Material Charge will be charged.
Adjacent Engineering Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Offce 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 propert, 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.
BLC 10 comp v3.3 201
Collocation Space Report. When requested by a CLEC, Verizon will submit a report that
indicates Verizon's available collocation space in a particular premise. The report wil be issued
within ten calendar days of the request. The report will specify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report will also include measures that Verizon is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required, by Verizon to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or perform
inventory services for CLECs.
Facility Pull (Microwave Only). The Facilty Pull charge is applied per linear foot and recovers the
labor cost of pullng transmission cable from the microwave antennae and other exterior facilties
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 facilties to the
transmission equipment in the collocation cage or relay rack will be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
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
will be determined and applied on an individual case basis.
Virtual Eguipment Installation. The Virtual Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and
installation of the virtual collocation equipment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the installation of splitters.
Virtual Softare Upgrade. The Virtual Softare Upgrade charge is applied per base unit when
Verizon, upon CLEC request, installs softare to upgrade equipment for an existing Virtual
Collocation arrangement.
Virtual Card Installation. The Virtual Card Installation charge is applied per card when Verizon, upon
CLEC request, installs additional cards for an existing Virtual Collocation arrangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1, DS3,
and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO,
DS1, DS3, and dark fiber circuits for DTS.
BLC 10 comp v3.3 202
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caged Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relay Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that will be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Verizon's cable
vault.
Cable Rack Space-Metallic. The Cable Space-Metallc 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 recovers the space utilization
cost that the CLEC's fiber cable occupies within Verizon's cable rack system.
Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central offce duct space occupied by the 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 collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.
Facilty Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution paneL.
BITS Timing. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.
Building Modification. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Verizon'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
BLC 10 comp v3.3 203
CLEC's DC Power requirements. This charge is associated with the provisioning of heating,
ventilation, and air conditioning systems for the CLEC's equipment in Verizon's premises.
Adjacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.
Adjacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber,
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 Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the maintenance of splitters.
BLC 10 comp v3.3 204
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements
for
BLC . VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (XX)
The following technical specifications and requirements will apply to BLC - Verizon Northwest Inc.
Fiber Meet Arrangement (NUMBER) ("FM No. (XX)":
1. FM No. (XX) wil provide interconnection facilities for the exchange of applicable traffic (as
set forth in the Amendment) between Verizon's (NAME OF TANDEM/END OFFICE) and
BLC'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. (XX) will 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 Offce.
2.2 Verizon will provision a Fiber Network Interface Device ("FNID") at (POLE XX,
STREET YY, TOWN ZZ, STATE) and terminate L- strands of its fiber optic
cable in the FNID. The FNID provisioned by Verizon will be a
(MANUFACTURER, MODEL). Verizon wil bear the cost of installng and
maintaining its FNID. The fiber patch panel within Verizon's FNID wil serve as
FMP NO.1. Verizon will provide a fiber stub at the fiber patch panel in Verizon's
FNID for BLC to connect L- strands of its fiber cable L- connectors.
Verizon's FNID wil be locked, but Verizon and BLC wil have 24 hour access to
their respective side of the fiber patch panel located in Verizon's FNID.
2.3 BLC will provision a FNID at (POLE XX, STREET YY, TOWN ZZ, STATE) and
terminate L- strands of its fiber optic cable in the FNID. The FNID
provisioned by BLC will be a (MANUFACTURER, MODEL). BLC will bear the
cost of installing and maintaining its FNID. The fiber patch panel within BLC's
FNID will serve as FMP NO.2. BLC wil provide a fiber stub at the fiber patch
panel in BLC's FNID for Verizon to connect L- strands of its fiber cable.
BLC's FNID will be locked, but BLC and Verizon wil have 24 hour access to their
respective side of the fiber patch panel located in BLC's FNID.
3. Transmission Characteristics.
3.1 FM No. (XX) wil be built (as a ring configuration).
3.2 The transmission interface for FM No. (XX) will be (Synchronous Optical Network
("SONET")).
BLC 10 comp v3.3 205
3.3 Terminating equipment shall comply with (SONET transmission requirements as
specified 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-(XX).
3.6 The path switch protection shall be set as (Non-Revertive).
3.7 Verizon and BLC 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, Verizon must
provide BLC 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 BLC will, at its own cost, obtain and install (at its own premise) its own Add Drop
Multiplexer. BLC 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, BLC 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 software
wil be activated in BLC's Add Drop Multiplexer.
4.3 BLC and Verizon will monitor all firmware upgrades and changes to observe for
any failures or anomalies adversely affecting service or administration. If any
upgrade or change to firmware adversely affects service or administration of FM
No. (XX), the firmware wil be removed from the Add Drop Multiplexer and wil
revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Verizon and
BLC Add Drop Multiplexers of FM No. (XX).
5. Testing.
5.1 Prior to turn-up of FM No. (XX), Verizon and BLC wil mutually develop and
implement testing procedures for FM No. (XX)
6. Connecting Facility Assignment ("CFA") and Slot Assignment Allocation ("SAA").
6.1 For one-way and two-way trunk arrangements, the SAA information will be
turned over to BLC 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
facilities and trunks connected to Verizon's slots and BLC will control the CFA for
the subtending facilities and trunks connected to BLC's slots. BLC wil place
facility orders against the first half of the fully configured slots (for example, slots
1-6 of a fully configured OC12) and Verizon will place orders against the second
BLC 10 comp v3.3 206
half of the slots (for example, slots 7-12). If either Part needs the other Part's
additional slot capacity to place orders, this will be negotiated and assigned on a
case-by-case basis. For SAA, Verizon and BLC shall jointly designate the slot
assignments for Verizon's Add Drop Multiplexers and BLC's Add Drop
Multiplexer in FM No. (XXl.
6.3 For two-way trunk arrangements, BLC shall control the CFA for the subtending
faciliies and trunks connected to FM No. (XXl. BLC shall place facilty and trunk
orders against the total available SAA capacity of FM No. (XXl.
7. Inventorv. Provisioning and Maintenance. Surveilance. and Restoration.
7.1 Verizon and BLC wil inventory FM No. (XXl in their operational support systems
before the order flow begins.
7.2 Verizon and BLC will notify each other's respective Maintenance Control Offce of
all troubleshooting and scheduled maintenance activity to be performed on FM
No. (XXl facilties prior to undertaking such work, and wil advise each other of
the trouble reporting and maintenance control point contact numbers and the
days and hours of operation. Each Party shall provide a timely response to the
other Part's action requests or status inquiries.
7.3 Verizon will be responsible for the provisioning and maintenance of the FM No.
(XXl transport facilities on Verizon's side of the FMPs, as well as delivering its
applicable traffc to the FMPs. BLC will be responsible for the provisioning and
maintenance of the FM No. (XXl transport facilities on the BLC's side of the
FMPs, as well as delivering its applicable traffc to the FMPs. As such, other
than payment of any applicable intercarrier compensation charges pursuant to
the terms of the Agreement, neither Part shall have any obligation to pay the
other Part any charges in connection with FM No. (XX).
7.4 Verizon and BLC will provide alarm surveillance for their respective FM No. (XXl
transport faciliies. Verizon and BLC wil notify each other's respective
maintenance control offce of all troubleshooting and scheduled maintenance
activity to be performed on the facility prior to undertaking such work, and wil
advise each other of the trouble reporting and maintenance control point contact
numbers and the days and hours of operation.
8. Cancellation or Modification of FM No. (XXl
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. (XXl
on each Part's respective side of the FMPs wil be borne by such Part.
8.2 If either Part terminates the construction of the FM No. (XXl before it is used to
exchange traffc, the Part terminating the construction of FM No. (XXl wil
compensate the other Party for that Party's reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Party proposes to move or change FM No. (XXl as set forth in this
document, at any time before or after it is used to exchange traffc, the Part
requesting the move or change will compensate the other Part for that Part's
reasonable actual incurred construction and/or implementation expenses.
Augments, moves and changes to FM No. (XXl as set forth in this document
must be mutually agreed upon by the Parties in writing.
BLC 10 comp v3.3 207
BLC MANAGEMENT LLC D/B/A ANGLES
COMMUNICATION SOLUTIONS
VERIZON NORTHWEST INC.
By:
TO BE EXECUTED AT A LATER DATE
Date:
BLC 10 comp v3.3 208
ExhibitA-1
BLC - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (XX)
City, State
BLC 10 comp v3.3 209