20100201Application.pdf

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R i: r, r.'l..~;~J;',.~~ve10m fEB -1 PM 2: l 9
20575 NW Von Neumann DR
Hillsbro. OR 97076
January 29,2010
V2Æ ~- 10- a~
Ms. Jean Jewell, Secretary
Idaho Public Utilties Commission
P.O. Box 83720
Boise, 10 83720-0074
Dear Ms. Jewell:
Attached please find an original plus three copies of the intercnnecion agreement between
ALEC, Inc. and Verizon Northwest Inc.
If you have any questions concerning this filing, please contact me at 972-718-3418.
. :1/~L1u;/~
Ki Douglass
Sr. Staff Consultant - Regulatory and Government Affairs
Attachments
CFí
20 io FEB - I PM 2: I 9
AGREEMENT
by and between
ALEC,INC.
and
VERIZON NORTHWEST INC.
FOR THE STATE OF
IDAHO
ALEC 10 comp v3.3
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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 ............................................................................................................6
11. Countèrparts ..............................................................................................................9
12. I;efault.........................................................................................................................9
13. Discontinuance of Service by ALEC........................................................................9
14. Dispute Resolution ....................................................................................................9
15. Force Majeure ..........................................................................................................10
16. Forecasts ..................................................................................................................10
17. Fraud.........................................................................................................................10
18. Good Faith Penormance.........................................................................................10
19. Headings...................................................................................................................11
20. Indemnification ........................................................................................................11
21. Insurance..................................................................................................................12
22. Intellectual Propert ................................................................................................14
23. Joint Work Product..................................................................................................14
24. Law Enforcement .....................................................................................................15
25. Liability .....................................................................................................................15
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26. Network Management..............................................................................................16
27. Non-Exclusive Remedies ........................................................................................17
28. Notice of Network Changes ....................................................;...............................17
29. Notices ......................................................................................................................17
30. Ordering and Maintenance .;...................................................................................18
31. Penormance Standards ..........................................................................................18
32. Point of Contact for ALEC 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
ALEC 10 comp v3.3 ii
2. Definitions ................................................................................................................27
ADDITIONAL SERVICES ATTACHMENT ....................................................................................43
1. Alternate Billed Calls ...............................................................................................43
2. Dialing Parity - Section 251(b)(3) ..........................................................................43
3. (This Section Intentionally Left Blank) ..................................................................43
4. Directory Listing and Directory Distribution.........................................................43
5. Voice Information Service Traffc ..........................................................................45
6. Intercept and Referral Announcements ................................................................46
7. Originating Line Number Screening (OLNS).........................................................46
8. Operations Support Systèms (OSS) Services ......................................................46
9. Poles, Ducts, Conduits and Rights-of-Way...........................................................52
10. Telephone Numbers ................................................................................................52
11. Routing for Operator Services and Directory Assistance Traffic.......................53
12. Unauthorized Carrier Change Charges .................................................................53
13. Good Faith Penormance.........................................................................................53
INTERCONNECTION A IT ACHMENT...........................................................................................55
1. General......................................................................................................................55
2. Points of Interconnection and Trunk Types .........................................................55
3. Alternative Interconnection Arrangements...........................................................59
4. Initiating Interconnection ........................................................................................61
5. Transmission and Routing of Telephone Exchange Service Traffic..................62
6. Traffc Measurement and Biling over Interconnection Trunks ..........................63
7. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) oftheAct.............................................................................................................................64
8. Other Types of Traffic .............................................................................................66
9. Transmission and Routing of Exchange Access Traffc .....................................66
10. Meet-Point Biling (MPB) Arrangements ...............................................................67
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic ..................................70
ALEC 10 comp v3.3 ii
12. Tandem Transit Traffc............................................................................................72
13. Number Resources, Rate Center Areas and Routing Points ..............................73
14. Joint Network Implementation and Grooming Process; Forecasting................74
15. Number Portabilty - Section 251 (B)(2) ..................................................................75
16. Good Faith Penormance.........................................................................................77
TRAFFIC EXCHANGE ATTACHMENT.........................................................................................78
1. General......................................................................................................................78
2. Arrangements With Third Party Tandem Provider ...............................................78
3. Initiating Traffic Exchange Under This Attachment.............................................79
4. Traffc Measurèment and Billing ............................................................................79
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the
Act.............................................................................................................................80
6. Other Types of Traffc .............................................................................................81
7. Toll Free Service Access Code (e.g., 800/888/877) Traffic ..................................82
8. Number Resources, Rate Center Areas and Routing Points ..............................83
9. Number Portabilty - Section 251(B)(2)..................................................................84
10. Good Faith Penormance.........................................................................................86
RESALE AITACHMENT ...............................................................................................................87
1. General......................................................................................................................87
2. Use of Verizon Telecommunications Services .....................................................87
3. Availabilty of Verizon Telecommunications Services ........................................88
4. Responsibility for Charges .....................................................................................88
5. Operations Matters ..................................................................................................89
6. Rates and Charges ..................................................................................................89
7. Good Faith Penormance.........................................................................................90
NETWORK ELEMENTS ATTACHMENT ......................................................................................91
1. General......................................................................................................................91
2. Verizon's Provision of Network Elements.............................................................95
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3. Loop Transmission Types ......................................................................................95
4. Line Splitting (also referred to as "Loop Sharing") ...........................................106
5. (This Section Intentionally Left Blank) ................................................................107
6. Sub-Loop ................................................................................................................107
7. Sub-Loop for Multiunit Tenant Premises Access...............................................110
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber
Loops ......................................................................................................................110
9. Network Intenace Device ....................................................................'..................116
10. (This Section Intentionally Left Blank) ................................................................117
11. Dedicated Transport..............................................................................................117
12. (This Section Intentionally Left Blank) ................................................................117
13. Operations Support Systems ...............................................................................117
14. Availabilty of Other Network Elements on an Unbundled Basis .....................118
15. Maintènance of Network Elements ......................................................................119
16. Combinations, Commingling, and Conversions ................................................119
17. Routine Network Modifications ............................................................................122
18. Rates and Charges.............................................................................. ..................123
19. Good Faith Penormance.......................................................................................123
COLLOCATION AITACHMENT .................................................................................................124
1. Verizon's Provision of Collocation ......................................................................124
911 ATTACHMENT.....................................................:................................................................170
1. 911/E-911 Arrangements.......................................................................................170
2. ALI Database ..........................................................................................................170
3. 911/E-911 Interconnection ....................................................................................171
4. 911/E-911 General..................................................................................................172
5. Good Faith Penormance.......................................................................................172
PRICING A IT ACHMENT .............................................................................................................173
1. General....................................................................................................................173
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2. Verizon Telecommunications Services Provided to ALEC for Resale Pursuant
to the Resale Attachment......................................................................................173
3. ALEC Prices ...........................................................................................................175
4. (This Section Intentionally Left Blank) ................................................................175
5. Regulatory Review of Prices ................................................................................175
APPENDIX A TO THE PRICING ATTACHMENT .......................................................................177
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
AITACHMENT.............................................................................................................................206
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AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective as of January 20,2010 (the "Effective
Date"), between ALEC, Inc. ("ALEC"), a corporation organized under the laws of the
Commonwealth of Kentucky, with offces at250 W. Main Street, Suite 1920, Lexington, KY
40507 and Verizon Northwest Inc. ("Verizon"), a corporation organized under the laws of the
State of Washington with offices at 1800 41st Street, Everett, WA 98201 (Verizon and ALEC may
be referred to hereinafter, each, individually as a "Part", 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 ALEC 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 Party that has been accpted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
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
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject matter hereof,
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and, as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). In connection with
the foregoing, Verizon expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Verizon and ALEC.
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
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the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other 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 effec
until January 19, 2012 (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 ALEC 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 ALEC or Verizon provides notice of termination pursuant to Section 2.2
and on or before the proposed date of termination either ALEC 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 ALEC and Verizon; or, (b) the date one (1) year after the
proposed date of termination.
2.4 If either ALEC 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
ALEC nor Verizon has requested negotiation of a new interconnection
agreement, (a) this Agreement wil terminate at 11 :59 PM Eastern Time on the
proposed date of termination, and (b) the Services being provided under this
Agreement at the time of termination wil be terminated, except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(SGAT).
3. Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
Network Elements Attchment
Collocation Attchment
911 Attachment
Pricing Attachment
4. Applicable Law
4.1 The construction, interpretation and penormance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
State of Idaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
ALEC 10 comp v3.3 2
4.2 Each Party shall remain in compliance with Applicable Law in the course of
penorming this Agreement.
4.3 Neither Party shall be liable for any delay or failure in penormance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or offciaL.
4.4 Each Party shall promptly notify the other Party in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Part's abilty to penorm its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceabilty shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall
be construed as if it did not contain such invalid or unenforceable provision;
provided, that if the invalid or unenforceable provision is a material provision of
this Agreement, or the invalidity or unenforceabilty materially affects the rights or
obligations of a Party hereunder or the ability of a Party to penorm 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 Part
hereunder, or the abilty of a Party to penorm 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 accptable 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 accrdance 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 ALEC a Service that is not
offered under this Agreement to ALEC, 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 wil 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.
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
ALEC 10 camp v3.3 3
to be provided to ALEC hereunder, then Verizon may discontinue the provision of
any such Service, payment or benefit, and ALEC shall reimburse Verizon for any
payment previously made by Verizon to ALEC that was not required by
Applicable Law. Verizon will provide thirty (30) days prior written notice to ALEC
of any such discontinuance of a Service, unless a different notice period or
different conditions are specified in this Agreement (including, but not limited to,
in the Networks Element Attachment or an applicable Tariff or Applicable Law
for termination of such Service in which event such specified period and/or
conditions shall apply. For the avoidance of any doubt, this Section 4.7 is self-
effectuating and no amendment to this Agreement shall be required to implement
it.
5. Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6. Assurance of Payment
6.1 Upon request by Verizon, ALEC 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 ALEC (a) prior
to the Effective Date, has failed to timely pay a bil rendered to ALEC by Verizon
or its Affliates, (b) on or after the Effective Date, fails to timely pay a bil rendere
to ALEC by Verizon or its Affliates, (c) in Verizon's reasonable judgment, at the
Effective Date or at any time thereafter, is unable to demonstrate that it is
creditworthy, or (d) admits its inabilty to pay its debts as such debts become due,
has commenced a voluntary case (or has had a case commenced against it)
under the U.S. Bankruptcy Code or any other law relating to bankruptcy,
insolvency, reorganization, winding-up, composition or adjustment of debts or the
like, has made an assignment for the benefit of creditors or is subject to a
receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist
of an unconditional, irrevocable standby letter of credit naming Verizon as the
beneficiary thereof and otherwise in form and substance satisfactory to Verizon
from a financial institution acceptable to Verizon. The letter of credit shall be in
an amount equal to two (2) months anticipated charges (including, but not limited
to, both recurring and non-recurring charges), as reasonably determined by
Verizon, for the Services to be provided by Verizon to ALEC in connection with
this Agreement. If ALEC 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 Affilate in
any twelve (12)-month period, Verizon may, at its option, demand (and ALEC
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 biled charges no more frequently than once
per Calendar Quarter.
6.4 (Intentionally Left Blank).
6.5 (Intentionally Left Blank).
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6.6 Verizon may (but is not obligated to) draw on the letter of credit upon notice to
ALEC in respect of any amounts to be paid by ALEC 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, ALEC 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 penorm under this Agreement
until such time as ALEC 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 ALEC 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 Party") may audit the other Party's ("Audited Part") books, records,
documents, facilties and systems for the purpose of evaluating the accuracy of
the Audited Part's bils. Such audits may be penormed 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 biling in favor
of the Audited Part having an aggregate value of at least $1,000,000.
7.2 The audit shall be penormed 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 Party in a form reasonably
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Party
may require that the audit commence no later than sixty (60) days after the
Auditing Part has given notice of the audit to the Audited Party.
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 Part's bils.
7.4 Audits shall be penormed at the Auditing Party's expense, provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books, records, documents, facilties and systems necessary to assess the
accuracy of the Audited Part's bils.
8. Authorization
8.1 Verizon represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to penorm its
obligations under this Agreement.
ALEC 10 comp v3.3 5
8.2 ALEC represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the Commonwealth of Kentucky,
and has full power and authority to execute and deliver this Agreement and to
penorm its obligations under this Agreement.
8.3 ALEC Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to penorm under this Agreement until such time as ALEC has obtained
such FCC and Commission authorization as may be required by Applicable Law
for conducting business in the State of Idaho. ALEC shall not place any Orders
under this Agreement until it has obtained such authorization. ALEC 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 Party on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts biled for
Services provided under this Agreement, whether billed on a monthly basis or as
otherwise provided in this Agreement, shall be due, in immediately available U.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the billng Part's statement; or (b) twenty (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electronic funds transfer.
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 biled Part shall give notice to the
billng Party of the amounts it disputes ("Disputed Amounts") and include in such
notice the specific details and reasons for disputing each item. A 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 Party's payment of an amount shall not constitute a waiver
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The billed Party shall pay by the Due Date
all undisputed amounts. Billng disputes shall be subject to the terms of Secion
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 Party which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
biled late payment charges) per month.
9.5 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other 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 billng Party under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due, the biled Part shall not be
entitled to dispute the biling Party's statement(s) based onthe billng Party's
failure to submit them in a timely fashion.
10. Confidentiality
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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 Party") in connection with, or anticipation of, this Agreement:
10.1.1
10.1.2
10.1.3
10.1.4
Books, records, documents and other information disclosed in an audit
pursuant to Section 7;
Any forecasting information provided pursuant to this Agreement;
Customer Information (except to the extent that (a) the Customer
information is published in a directory, (b) the Customer information is
disclosed through or in the course of furnishing a Telecommunications
Service, such as directory assistance, operator service, Caller 10 or
similar service, or L1DB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Party to
use and/or disclose the Customer Information);
information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietary"; and
any information that is communicated orally or visually and declared to
the Receiving Party at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential" or "Proprietary".
Notwithstanding any other provision of this Agreement, a Part 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.
10.1.5
10.1.6
10.2.1
10.2 Except as otherwise provided in this Agreement, the Receiving Part shall:
10.2.2
ALEC 10 comp v3.3
use the Confidential Information received from the Disclosing Part
only in penormance of this Agreement; and
using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential Information received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party's
Affliates and the directors, officers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Affliates,
that have a need to receive such Confidential Information in order to
penorm the Receiving Party's obligations under this Agreement. The
Receiving Part's Affliates and the directors, offcers, employees,
Agents and contractors of the Receiving Party 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
Receiving Party. The Receiving Part shall be liable for any failure of
the Receiving Party's Affliates or the directors, offcers, employees,
Agents or contractors of the Receiving Part or the Receiving Party's
Affliates, to comply with the provisions of this Section 10.
7
10.3 The Receiving Part shall return or destroy all Confidential Information recived
from the Disclosing Part, including any copies made by the Reciving Part,
within thirty (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 penorm its obligations under this Agreement, and
(b) one copy for archival purpses only.
10.4 Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was, at the time of receipt, already in the possession of or known to
the Receiving Party free of any obligation of confidentiality and
restriction on use;
10.4.2 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 Party or
the Receiving Part's Affliates;
10.4.3 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;
10.4.4 is independently develoPed by the Receiving Party;
10.4.5 is approved for disclosure or use by written authorization of the
Disclosing Part (including, but not limited to, in this Agreement); or
10.4.6 is required to be disclosed by the Receiving Part pursuant to
Applicable Law, provided that the Receiving Party shall have made
commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Party in order to enable the Disclosing
Party to seek protective arrangements.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Part may use and disclose Confidential Information received from the Disclosing
Part to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.6 The Disclosing Part shall retain all of the Disclosing Party's right, title and
interest in any Confidential Information disclosed by the Disclosing Part to the
Receiving Party. Except as otherwise expressly provided in this Agreement, no
license is granted by this Agreement with respect to any Confidential Information
(including, but not limited to, under any patent, trademark or copyright), nor is
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
10.7 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 Part of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
ALEC 10 comp v3.3 8
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 biling Part) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30) days after written notice thereof from
the other Part, the other Party may, by written notice to the Defaulting Party, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
13. Discontinuance of Service by ALEC
13.1 If ALEC 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, ALEC shall send written notice of such
discontinuance to Verizon, the Commission, and each of ALEC's Customers.
ALEC 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, ALEC shall
send such notice at least thirty (30) days prior to its discontinuance of service.
13.2 Such notice must advise each ALEC Customer that unless action is taken by the
ALEC Customer to switch to a different carrier prior to ALEC's proposed
discontinuance of service, the ALEC Customer wil be without the service
provided by ALEC to the ALEC Customer.
13.3 Should a ALEC Customer subsequently become a Verizon Customer, ALEC
shall provide Verizon with all information necessary for Verizon to establish
service for the ALEC Customer, including, but not limited to, the ALEC
Customer's biled name, listed name, service address, and biling address, and
the services being provided to the ALEC 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 Part written notice of the
dispute that includes both a detailed description of the dispute or alleged
nonpenormance and the nameof an individual who wil serve as the initiating
Party's representative in the negotiation. The other Party shall have ten
Business Days to designate its own representative in the negotiation. The
Parties' representatives shall meet at least once within 45 days after the date of
the initiating Party's written notice in an attempt to reach a goo faith resoution
ALEC 10 comp v3.3 9
of the dispute. Upon agreement, the Parties' representatives may utilze other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Party's written notice, either Party may pursue any remedies
available to it under this Agreement, at law, in equity, or otherwise, including, but
not limited to, instituting an appropriate proceeding before the Commission, the
FCC, or a court of compelent jurisdiction.
15. Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in penormance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Part. 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), inabilty 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-penorming Part shall give prompt
notification of its inability to penorm to the other Part. During the period that the
non-penorming Party is unable to penorm, the other Part shall also be excused
from penormance of its obligations to the extent such obligations are reciprocal
to, or depend upon, the penormance of the non-penorming Part that has been
prevented by the Force Majeure Event. The non-penorming Part shall use
commercially reasonable efforts to avoid or remove the cause(s) of its non-
penormance and both Parties shall proceed to penorm 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-penorming Party to settle any
labor dispute except as the non-penorming Party, in its sole discretion,
determines appropriate.
16. Forecasts
In addition to any other forecasts required by this Agreement, upon request by Verizon,
ALEC shall provide to Verizon forecasts regarding the Services that ALEC expects to
purchase from Verizon, including, but not limited to, forecasts regarding the types and
volumes of Services that ALEC expects to purchase and the locations where such
Services will be purchased.
17. Fraud
ALEC assumes responsibilty for all fraud associated with its Customers and accounts.
Verizon shall bear no responsibilty for, and shall have no obligation to investigate or
make adjustments to ALEC's account in cases of, fraud by ALEC's Customers or other
third parties.
18. Good Faith Penormance
ALEC 10 comp v3.3 10
The Parties shall act in good faith in their penormance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Verizon, prior to the Effective Date of
this Agreement, has not provided in the State of Idaho a Service offered under this
Agreement, Verizon reserves the right to negotiate in good faith with ALEC reasonable
terms and conditions (including, without limitation, rates and implementation timeframes)
for such Service; and, if the Parties cannot agree to such terms and conditions (including,
without limitation, rates and implementation timeframes), either Party may utilze the
Agreement's dispute resolution procedures.
19. Headings
The heådings 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 Part ("Indemnifying Part") shall indemnify, defend and hold harmless the
other Party ("Indemnified Part"), the Indemnified Part's Affiliates, and the
directors, offcers and employees of the Indemnified Party 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 propert 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 Affiliates, or the directors, offcers, employees, Agents or
contractors (excluding the Indemnified Party) of the Indemnifing Part or the
Indemnifying Party's Affilates, 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 Party's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person: (a) shall give the Indemnifying Party notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the Indemnified Person related to the
Claim and an estimate of the amount thereof); (b) prior to taking any
material action with respect to a Third Party Claim, shall consult with
the Indemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Part Claim without the written
consent of the Indemnifying Part; (d) shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including, exceptas 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.
ALEC 10 comp v3.3 11
20.2.4 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.
20.2.5 Subject to 20.2.6 and 20.2.7, below, the Indemnifying Part shall have
the authority to defend and settle any Third Part Claim.
20.2.6 With respect to any Third Party 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 Part.
20.2.7 In no event shall the Indemnifying Party settle a Third Party Claim or
consent to any judgment with regard to a Third Party Claim without the
prior written consent of the Indemnified 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 settlement 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 Party Claim for
any amount in excess of'such refused settlement or judgment.
20.2.8 The Indemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
20.2.9 The Indemnifying Part and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Party agrees that it wil not implead or bring any action against the other
Party, the other Party's Affliates, or any of the directors, offcers or employees of
the other Part or the other Party's Affliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Part or the other Part's Affliate and that arises out of
penormance of this Agreement.
20.4 Each Party's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
21. Insurance
21.1 ALEC shall maintain during the term of this Agreement and for a perid of two
years thereafter all insurance required to satisfy its obligations under this
AlEC 10 comp v3.3 12
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, ALEC 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 liabilty,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
Commercial Motor Vehicle Liabilty Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
Excess 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
Employets 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
ALEC's real and personal propert located at any Colloction 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 responsibilty of ALEC.
21.1.5
21.3 ALEC shall name Verizon and Verizon's Affliates as additional insureds on the
foregoing liabilty insurance.
21.4 ALEC shall, within two (2) weeks of the Effective Date hereof at the time of each
renewal of, or material change in, ALEC's insurance policies, and at such other
times as Verizon may reasonably specify, furnish certificates or other proof of the
foregoing insurance reasonably accptable 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 ALEC 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 accrdance with Section 21.4.
21.6 Failure of ALEC or ALEC'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.
ALEC 10 camp v3.3 13
21.7 Certificates furnished by ALEC or ALEC'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 property,
now or hereafter owned, controlled or licensable by either Party. 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 Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the other Part or its
Affliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facilty, arrangement, or
softare by either Part under this Agreement, or the penormance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual propert right of any Party or third person. Each Part,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
22.4 ALEC 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 property license
agreements) between Verizon and Verizon's vendors. Verizon agrees to advise
ALEC, directly or through a third party, of any such terms, conditions or
restrictions that may limit any ALEC use of a Service provided by Verion that is
otherwise permitted by this Agreement. At ALEC's written request, to the extent
required by Applicable Law, Verizon wil use Verizon's best efforts, as
commercially practicable, to obtain intellectual propert rights from Verizon's
vendor to allow ALEC to use the Service in the same manner as Verizon that are
coextensive with Verizon's intellectual property rights, on terms and conditions
that are equal in quality to the terms and conditions under which Verizon has
obtained Verizon's intellectual propert rights. ALEC shall reimburse Verizon for
the cost of obtaining such rights.
23. Joint Work Product
The Principal Document is the joint work product of the Parties, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. In the event of
any ambiguities, no inferences shall be drawn against either Party.
ALEC 10 comp v3.3 14
24. Law Enforcement
24.1 Each Part may coperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement, including, but not limited
to, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilties and equipment, and dialed number recording facilties and equipment.
24.2 A Party shall not have the obligation to inform the other Party or the Customers
of the other Part 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, facilties or arrangements, a Party may act to prevent the other Part
from obtaining access to information concerning such lines, services, facilties
and arrangements, through operàtions support system intenaces.
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 Part, a
Party's Affliates, and the directors, offcers and employees of a Part and a
Party's Affliates, to the other Part, the other Part's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceecl an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure oCcurs.
25.3 Except as otherwise stated in Section 25.5, a Party, a Party's Affliates, and the
directors, officers and employees of a Part and a Part's Affliates, shall not be
liable to the other Party, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in penormance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liabilty
is excluded by this Section has been advised of the 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:
25.5.1
25.5.2
under Sections 20, Indemnification, or 41, Taxes.
for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
ALEC 10 camp v3.3 15
25.5.3
25.5.4
25.5.5
25.5.6
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 propert interest;
under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Commission.
25.6 In the event that the liabilty of a Party, a Party's Affliate, or a director, offcer or
employee of a Party or a Party's Affliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liabilty of the Party 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.
25.7 Each Part 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 Party or the other Part's Affliates, 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. ALEC and Verizon wil
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 reliabilty. In addition, the Parties wil work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffc congestion and subject to Section 17, to minimize
fraud associated with third number billed calls, callng card calls, and other
services related to this Agreement.
26.2 Responsibilty for Following Standards. Each Part recognizes a responsibilty to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that wil not intenere 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 Intenerence or Impairment. If a Party ("Impaired Part") reasonably determines
that the services, network, facilties, or methods of operation, of the other Part
("Intenering Party") wil or are likely to intenere with or impair the Impaired Party's
provision of services or the operation of the Impaired Party's network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Intenering Party to the extent necessary to prevent such intenerence or
impairment, subject to the following:
26.3.1
ALEC 10 comp v3.3
Except in emergency situations (e.g., situations involving a risk of
bodily injury to persons or damage to tangible property, or an
16
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Party shall have given the Intenering Party at
least ten (10) days' prior written notice ofthe intenerence or
impairment or potential intenerence or impairment and the need to
correct the condition within said time period; and taken other actions, if
any, required by Applicable Law; and,
26.3.2 Upon correction of the intenerence or impairment, the Impaired Part
wil 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 Intenering Part 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 Party hereunder, the Providing Party wil follow Verizon's
standard procedures for isolating and clearing the outage or trouble.
27. Non-Exclusive Remedies
Exceptas 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 Part makes a change in the information necessary for the transmission and routing
of services using that Party's facilties or network, or any other change in its facilties or
network that wil materially affect the interoperabilty of its facilities or network with the
other Party's facilities 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 hundre 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 Party under this Agreement:
29.1.1
29.1.2
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:29.1.3
To ALEC:
AlEC 10 comp v3.3 17
Mark i. Hayes
Senior Vice President
250 W. Main Street, Suite 1920
Lexington, KY 40507
Telephone Number: [phone], Ext.: None
Facsimile Number: [phone]
Internet Address: mhayes~alec.net
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 certifed 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.
ALEC shall notify Verizon, by written notice pursuant to this Section 29, of any
changes in the addresses or other ALEC contact information identified under
Section 29.1.3 above.
30. Ordering and Maintenance
ALEC 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 capabilty for ALEC to penorm a pre-ordering,
ordering, provisioning, maintenance or repair, transaction offered by Verizon, ALEC shall
use such other processes as Verizon has made available for penorming such transaction
(including, but not limited, to submission of Orders by telephonic facsimile transmission
and placing trouble reports by voice telephone transmission).
31. Penormance Standards
ALEC 10 camp v3.3 18
31.1 Verizon shall provide Services under this Agreement in accordance with the
penormance standards required by Applicable Law, including, but not limited to,
Section 251 (c) of the Act.
31.2 ALEC shall provide Services under this Agreement in accordance with the
penormance standards required by Applicable Law.
32. Point of Contact for ALEC Customers
32.1 ALEC shall establish telephone numbers and mailng addresses at which ALEC
Customers may communicate with ALEC and shall advise ALEC Customers of
these telephone numbers and mailng addresses.
32.2 Except as otherwise agreed to by Verizon, Verizon shall have no obligation, and
may decline, to accept a communication from a ALEC Customer, including, but
not limited to, a ALEC Customer request for repair or maintenance of a Verizon
Service provided to ALEC.
33. Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between'the Parties for the State of Idaho pursuant to
Section 252 of the Act and in effect prior to the Effective Date is
hereby amended, extended and restated; and
any Services that were purchased by one Party from the other Part
under a prior interconnection or resale agreement between the Parties
for the State of Idaho pursuant to Section 252 of the Act and in effect
prior to the Effective Date, shall as of the Effective Date be subject to
and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a
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 wil be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Party may elect to cancel the
commitment.
.33.1.1
33.1.2
33.3 If either Part 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 Part 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
ALEC 10 comp v3.3 19
34.1 A Party, its Affliates, and their respective contractors and Agents, shall not use
the other Part's trademarks, service marks, logos or other proprietary trde
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 Party may imply any direct or indirect affliation with or sponsorship or
endorsement of it or its services or products by the other Part.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35. References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Verizon or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
succssor 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 Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liabilty or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Part in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
36.4 Each Part shall have sole authority and responsibilty to hire, fire, compensate,
supervise, and otherwi.se control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement, no Party undertakes
to penorm any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibilty for the management ofthe other Party's business.
ALEC 10 comp v3.3 20
36.6 The relatiøi:ship of the Parties under this Agreement is a non-exclusive
relationship:
37. Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each 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
interconneçtion 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, çourts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement: .".
37.2 ALEC acknowledges ALEC has been advised by Verizon that itis Verizon's
position that thii: AQreement contains certain provisions which are intended to
reflect Appli~b1e Law and Commission and/or FCC arbitration decisions.
38. Subcontractors
The rights, Iiabilties and obligations of a Party for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilties and
obligations of a Party under any provision of this Agreement regarding confidential
information (inchJdingbut not limited to, Section 10), indemnification or defense
(including, but not limited to, Section 20), or limitation or exclusion of liabilty (including,
but not limited to, Section 25), and the rights, liabilities and obligations of a Part under
any provision of this Agreement which by its terms or nature is intended to continue
beyond or to be penormed 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 propert or net income, (a "Tax") is required or permitted by
Applicable Law or a Tariff to be collected from the Purchasing Party by the
Providing Part, then (a) the Providing Party shall bill the Purchasing Part for
ALEC 10 comp v3.3 21
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Party
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
41.2 Taxes Imposed on the Providing Party or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing 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 Party is also subject to a tax based upon receipts ("Receipts
Tax"), then the Purchasing Party shall pay and remit the Receipts Tax as
required by Applicable Law.
41.3 Taxes Imposed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscriber") in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
. Subscriber, or if any federal, state or local Tax is imposed on the Providing Part
and required by Applicable Law to be passed through to the Subscriber, then the
Purchasing Party (a) shall impose and/or collect such Tax from the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
41.4 Tax Exemptions and Exemption Certificates. If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Party complies with such procedure, the Providing Part shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affdavit in
accordance with the terms set forth in Section 41.7. If Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure, then the Providing Party shall not collect such Tax if the
Purchasing Party (a) furnishes the Providing Party with a letter signed by an'
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 Party, which
holds the Providing Party harmless on an after-tax basis with respect to its
forbearing to collect such Tax.
41.5 Liability for Uncollected Tax, Interest and Penalty.
41.5.2
If the Providing Part has not received an exemption certificate from
the Purchasing Party and the Providing Party fails to bil the
Purchasing Party for any Tax as required by' Section 41.1, then, as
between the Providing Party and the Purchasing Part, (a) the
Purchasing Part shall remain liable for such unbilled Tax and any
interest assessed thereon and (b) the Providing, Party shall be liable
for any penalty assessed with respect to such unbiled Tax by a taxing
authority.
If the Providing Party properly bils the Purchasing Part for any Tax
but the Purchasing Party fails to remit such Tax to the Providjng Part
as required by Section 41.2, then, as between the Providing Part and
the Purchasing Party, the Purchasing Part shall be liable for such
41.5.1
ALEC 10 oomp 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.
41.5.3 If the Providing Party does not collect any Tax as required by Section
41.1 because the Purchasing Party has provided such Providing Party
with an exemption certificate that is later found to be inadequate,
invalid or inapplicable by a taxing authority, then, as between the
Providing Party and the Purchasing Party, the Purchasing Party shall
be liable for such uncollected Tax and any interest assessed thereon,
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
41.5.4 If the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Party and the
Purchasing Party, (a) the Providing 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.
41.5.5 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 Party, the Purchasing Party shall
remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. With respect to any
Tax that the Purchasing Part has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Party
agrees to indemnify and hold the Providing 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 Party 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 Part agrees to coperate fully with the Party being audited in order to
respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
41.7 Notices. All notices, affdavits, exemption-certificates or other communications
required or permitted to be given by either Party to the other, for purposes of this
Section 41, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
well as to the following:
To Verizon:
Verizon Communications
Tax Department
One Verizori Way, VC53S-221
Basking Ridge, NJ 07920
To ALEC:
ALEC 10 comp v3.3 23
Mark i. Hayes
Senior Vice President
250 W. Main Street, Suite 1920
Lexington, Kentucky 40507
Each Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42. Technology Upgrades
Notwithstanding any other provision of this Agreement, Verizon shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Verizon, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or faciltate ALEC's abilty to provide service using
certain technologies. Nothing in this Agreement shall limit Verizon's abilty to modify its
network through the incorporation of new equipment or softare or otherwise. ALEC
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 thisterritory.
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 ALEC with at least 90 calendar days prior
written notice of such termination, which shall be effective upon the date
specified in the notice.
44. Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and nothing herein shall create or be construed
to provide any third-persons (including, but not limited to, Customers or contractors of a
Party) with any rights (including, but not limited to, any third-party beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Part shall have no 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 ALEC of any rights it may have under Section
252(i) results in the rearrangement of Services by Verizon, ALEC 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
ALEC 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 Part 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
penormance 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
ALEC.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirt (30) days prior written notice
to ALEC terminate any provision of this Agreement that provides for the payment
by Verizon to ALEC 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 ALEC. Following such termination, except as
otherwise agreed in writing by the Parties, Verizon shall be obligated to provide
. compensation to ALEC 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 traffc; provided, however, that except as otherwise voluntarily agreed
by Verizon in writing in its sole discretion, Verizon shall be obligated to provide
compensation to ALEC related to traffc only to the extent required by Applicable
Law. If within thirty (30) days after Verizon's notice of termination the Parties are
unable to agree in writing upon mutually acceptable substitute provisions for
compensation related to traffc, either Party may submit their disagreement to
dispute resolution in accordance with Section 14 of this Agreement.
.
ALEC 10 comp v3.3 25
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
ALEC, INC.
By:
Printed: Mark i. Hayes
Title: Senior Vice President - CLEC Operations
ALEC 10 comp v3.3
VERIZON NORTHWEST INC.
By:
Printed: Jennifer Ross
Title: Director - Interconnection
26
GLOSSARY
1. General Rule
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall" and "wil" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
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 ALI (Automatic Location Identification) Database.
The emergency services (E-911) database controlled by Verizon containing
ALEC 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 Ancilary Traffic.
All traffic that is destined for ancilary services, or that may have special biling
requirements, including but not limited to the following: directory assistance,
911/E-911, operator services (IntraLATA call completion), IntraLATA third party,
collect and callng card, 800/888 database query and L1DB.
2.8 ANI (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the biling number of the calling party.
2.9 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party's penormance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term "Applicable Law" means
the Federal Unbundling Rules.
2.10 ASR (Access Service Request).
An industry standard form, which contains data elements and usage rules used
by the Parties to add, establish, change or disconnect services or trunks for the
purposes of interconnection.
2.11 ATIS.
The Allance for Telecommunications Industry Solutions.
2.12 BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party's request that the other 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.
ALEC 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 facilties
that carry the actual voice or data content of the cali.
2.19 Central Offce.
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 Locl
Exchange Carrier in the territory in which Verizon operates as an ILEC in the
State of Idaho. ALEC is or shortly wil become a CLEC.
2.23 CLLI Codes.
Common Language Location Identifier Codes.
2.24 CMOS (Centralized Message Distribution System).
The biling 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 Controllng 911 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 911/E-911 services, operations and systems within a defined
jurisdiction.
2.27 CPN (Callng Party Number).
A CCS parameter that identifies the callng part's telephone number.
2.28 CPNI (Customer Proprietary Network Information).
ALEC 10 camp 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 facilties 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 Offce, 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 facilty, within a LATA, that Verizon has not activated by
attaching multiplexing, aggregation or other electronics, between Verizon
switches (as identified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DSO-, DS1-, or DS3-capacity transmission 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 ("IOF"). Dedicated Transport does not include
any facilty that does not connect a pair of Verizon UNE Wire Centers.
2.34 DefaultPSAP.
The PSAP designated by the Controllng 911 Authority to receive a 911/E-911
Call when it is not feasible to route that 911/E-911 Call to the Designated PSAP.
2.35 Designated PSAP.
The primary PSAP designated by the Controllng 911 Authority to receive a
911/E-911 Call based upon the geographic location of the end user.
2.36 Digital Signal LeveL.
One of several transmission rates in the time-division multiplex hierarchy.
2.37 Discontinued Facilty.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Verizon to provide on an unbundled basis to ALEC, whether
because the facilty was never subject to an unbundling requirement under the
ALEC 10 comp v3.3 30
Federal Unbundling Rules, because the facilty 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 OS 1 (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 bHlable, non-
bilable, sample, settlement and study data. Data is provided between
companies via a unique record layout that contains Customer biling information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Offce.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
2.46 (Intentionally Left Blank).
2.47 Exchange Access.
Shall have the meaning set forth in the Act.
2.48 Extended Local Callng Scope Arrangement.
AlEC 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 Arrngement Traffc" is traffic
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, /n the
Matter of Imp/ementation of the Local Competition Provisions in the
Telecommunications Act of 1996, Intercarrier Compensation for /SP Bound
Traffic, 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, /n the Matter of High-Cost Universal Service Support; Federa/-State
Joint Board on Universal Service; Lifeline and Link Up; Universal Service
Contribution Methodology; Numbering Resource Optimization; Imp/ementation of
. the Local Competition Provisions in the Te/ecommunications Act of 1996;
Developing a Unified Intercarrer Compensation Regime; /ntercarrier
Compensation for ISP-Bound Traffc; /P-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 Orden.
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended frm
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. Anyreference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51.
2.53 Feeder.
The fiber optic cable (lit or unlit) or metallc portion of a Loop between a serving
End Office and a remote terminal or feeder/distribution intenace.
2.54 FNID (Fiber Network Intenace Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of optical fibers between two separate network providers.
2.55 FTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
ALEC 10 comp v3.3 32
from the main distribution frame (or its equivalent) in an end usets serving End
Offce to the demarcation point at the end usets customer premises or to a
serving area intenace at which the fiber optic cable connects to copper or coaxial
distribution facilties that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution facilties
extending from such serving area intenace 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 Offce 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 intenace at which the fiber optic cable connects to copper or
coaxial distribution facilties that extend to or beyond the multiunit premises'
MPOE, provided that all copper or coaxial distribution facilties extending from
such serving area intenace are not more than 500 feet from the MPOE at the
multiunit premises.
2.56 House and Riser Cable.
A two-wire metallc distribution facilty in Verizon's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an "MPOE") and the Rate Demarcation Point for such 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 facilties of a provider of
information services, including a provider of Internet access or Internet
transmission services.
2.61 Inside Wire or Inside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 Interconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End
ALEC 10 comp v3.3 33
Offces, Tandems and related facilities.
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 Intenace-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 Intenace-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (238+0).
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 (Löcal 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 biled number screening).
2.73 (Intentionally Left Blank).
2.74 Line Side.
An End Offce connection that provides transmis~ion, switching and optional
features suitable for Customer connection to the public switched network,
ALEC 10 camp 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 Customer's 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 Party's center responsible for control of the maintenance and repair of a
circuit.
2.78 MDF (Main Distribution Frame).
The primary point at which outside plant facilties terminate within an
Interconnection Wire Center, for interconnection to other Telecommunications
facilties 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 Traffc.
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
Party's network at a point in the same Verizon local callng area. Verizon local
callng areas shall be as defined by Verizon. For the purposes of this definition, a
Verizon local callng area includes a Verizon non-optional Extended Local Callng
Scope Arrangement, but does not include a Verizon optional Extended Local
Callng Scope Arrangement. Calls originated on a 1 + presubscription basis, or
on a casual dialed (1 0XX101 XX) basis, are not considered Measured
Internet Traffic. For the avoidance of any doubt, Virtual Foreign Exchange Traffc
(i.e., V/FX Traffc) (as defined in the Interconnection Attachment) does not
constitute Measured Internet Traffc.
2.80 MECAB (Multiple Exchange Carrier Access Billng).
A document prepared by the Biling Committee of the Ordering and Biling 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 biling 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 Intenace).
ALEC 10 comp v3.3 35
A document developed by the Ordering/Provisioning. Committee under the
auspices of the Ordering and Billng 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 Intenace Device).
The Verizon provided intenace terminating Verizon's Telecommunications
network on the property where the Customer's service is located at a point
determined by Verizon. The NID contains an FCC Part 68 registered jack from
which Inside Wire may be connected to Verizon's network.
2.87 911/E-911 Call(s).
Call(s) made by the ALEC end user by dialing the three digit telephone number
"911" to faciltate the reporting of an emergency requiring response by a public
safety agency.
2.88 911/E-911 Service Provider.
An entity authorized to provide 911/E-911 network and database services within
a particular jurisdiction.
2.89 Non-Revertive.
Where traffic is redirected to a protection line because of failure of a working line
and the working line is repaired, traffc wil 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
AlEC 10 comp v3.3 36
. C.ode" 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 (Le. the first three digits of a seven-digit
tel.ephone 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
I:ines 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 Ppi (Point of Interconnection).
. The physical location where the Parties' respective facilties 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,
." nptwithstanding any other provision of this Agreement or otherwise, would not
. jnclude a ALEC Interconnection Wire Center, ALEC switch or any portion of a
.transport facilty provided by Verizon to ALEC or another part between (x) a
Verizon Interconnection Wire Center or switch and (y) the Interconnection Wire
Center or switch of ALEC or another party.
. .
. 2.9t). . 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 Party under this Agreement.
2.98 PSAP.
Public Safety Answering Point.
2.99 Purchasing Party.
ALEC 10 comp v3.3 37
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.100 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules, under this
Agreement or a Verizon UNE Tariff.
2.101 Qualifying Wholesale Services.
Wholesale services obtained from Verizon under a Verizon access Tariff or a
separate wholesale agreement.
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 biling for distance-
sensitive Telephone Exchange Services and Toll Traffc. Pursuant to Telcordia
Practice BR-795-1 00-1 00, 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 facilty at which Verizon's
responsibilty for maintaining that network fa.cilty ends and the Customer's
responsibilty for maintaining the remainder òf the facilty begins, as set forth in
this Agreement, Verizon's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
2.105 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251 (b )(5) of the Act,
the FCC Internet Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Party's network and terminating on the other Part'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 Part's
network and terminated to a Customer of the other Party 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 Accss shall be
based upon Verizon's local callng areas as defined by Verizon. Reciprocal
ALEC 10 comp v3.3 38
Compensation Traffc does not include the following traffc (it being understood
that certain traffc 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
callng area as defined by Verizon, and based on the actual originating and
terminating points of the complete end~to~end communication; (3) Toll Traffc,
including, but not limited to, calls originated on a 1+ presubscription basis, or on
a casual dialed (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 Traffc; (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 callng area includes a Verizon non-optional
Extended Local Callng Scope Arrangement, but does not include a Verizon
optional Extended Local Callng 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, facilty 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). Verizonand ALEC 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 Party.
2.113 Sub-Loop Distribution Facilty.
A two-wire or four~wire metallc distribution facilty in Verizon's network between a
Verizon feeder distribution intenace ("FDI") and the Rate Demarcation Point for
such facilty (or NID if the NID is located at such Rate Demarcation Point).
ALEC 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 Party offers a Service.
The term "Tariff' does not include any Verizon Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.117 T elcordia Technologies.
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
2.118 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.119 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.120 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.121 Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.122 Third Party Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liabilty to, a person who is not a
Part, or (c) a fine or penalty imposed by a person who is not a Part.
ALEC 10 comp v3.3 40
2.123 Toll Traffc.
Traffic that is originated by a Customer of one Party on that Part's network and
terminates to a Customer of the other Party on that other Part's network and is
not Reciprocal Compensation Traffc, Measured Internet Traffc, or Ancilary
Traffc. Toll Traffc may be either "lntraLATA Toll Traffc" or "lnterLATA Toll
Traffc", 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 Liabilty Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.125 Traffc Factor 1.
For traffc exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffc (excluding Measured Internet
Traffic) by the total number of minutes of interstate and intrastate traffc.
((nterstate Traffc Total Minutes of Use iexcluding Measured Internet Traffc
Total Minutes of Usel + ilnterstate Traffic Total Minutes of Use + Intrastate Traffc
Total Minutes of Usel) x 100). Until the form of a Part's bils 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 biling related communications as "Percent Interstate Usage"
or "PIU".
2.126 Traffic Factor 2.
For traffc exchanged via Interconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffc and Measured Internet Traffic by the combined total number of minutes of
intrastate traffc and Measured Internet Traffc. (HReciprocal Compensation
Traffic Total Minutes of Use + Measured Internet Traffc Total Minutes of Usel +
ilntrastate Traffc Total Minutes of Use + Measured Internet Traffc Total Minutes
of Usel) x 100). Until the form of a Part's bills is updated to use the term "Traffc
Factor 2", the term "Traffc Factor 2" may be referred to on the Part's bils and in
biling 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.
ALEC 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 Office Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Offce and
the Remote Terminal units penorm analog to digital conversions to allow the
feeding facilty 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 56-6 kbps channel),
the terms "DSO" or "sub-DS 1" may also be used.
2.133 xDSL.
As defined and offered in this Agreement. The small "x" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavor".
ALEC 10 comp v3.3 42
ADDITIONAL SERVICES A ITACHMENT
1. Alternate Biled Calls
1.1 The Parties wil engage in settlements of intraLATA intrastate alternate-biled
calls (§, collect, callng card, and third-part biled calls) originated or
authorized by their respective Customers in accordance with an arrngement
mutually agreed to by the Parties.
2. Dialing Parity - Section 251(b)(3)
Each Part shall provide the other Part 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
ALEC. Such services wil be provided in accordance with the terms set forth herein.
4.1 Listing Information.
As used herein, "Listing Information" means a ALEC 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.
ALEC 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 ALEC Customer whose service address location falls
within the geographic area covered by the relevant Verizon directory. ALEC shall
also provide to Verizon on a daily basis: (a) information showing ALEC
Customers who have disconnected or terminated their service with ALEC; and
(b) delivery information for each non-listed or non-published ALEC Customer to
enable Verizon to penorm its directory distribution responsibilties. Verizon shall
promptly provide to ALEC (normally within fort-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 ALEC 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 ALEC Customers in the same
manner it provides initial distribution of such directories to its own Customers.
"Primary Listing" means a Customer's primary name, address, and telephone
ALEC 10 cop v3.3 43
number. Listings of ALEC's Customers shall be inteniled with listings of
Verizon's Customers and the Customers of other LECs included in the Verizon
directories. ALEC shall pay Verizon's Tariffed charges for additional, foreign,
and other listings products (as documented in local Tariff for ALEC's Customers.
4.4 Verizon Information.
Upon request by ALEC, Verizon shall make available to ALEC 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 ALEC, 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 ALEC 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
ALEC Listing Information for directory publishing, direct marketing, or any other
purpose for which Verizon uses or licenses its own listing information, so long as
ALEC Customers are not separately identified as such; and provided further that
ALEC 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 ALEC for Verizon's use or licensing of ALEC Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of ALEC Customer listings. At ALEC's request, Verizon shall provide
ALEC with a report of all ALEC Customer listings in a reasonable timeframe prior
to the service order close date for the applicable directory. Verizon shall process
any corrections made by ALEC with respect to its listings, provided such
corrections are received prior to the close date of the particular directory.
4.7 Indemnification.
ALEC shall adhere to all practices, standards, and ethical requirements
established by Verizon with regard to listings. By providing Verizon with Listing
Information, ALEC warrants to Verizon that ALEC has the right to provide such
Listing Information to Verizon on behalf of its Customers. ALEC shall make
commercially reasonable efforts to ensure that any business or persn 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. ALEC 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 ALEC hereunder.
4.8 Liability.
Verizon's Iiabilty to ALEC in the event of a Verizon error in or omission of a
ALEC Customer listing shall not exceed the amount actually paid by ALEC to
ALEC 10 comp v3.3 44
Verizon for such listing. ALEC 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 ALEC's Customers in the event of a
Verizon error in or omission of a listing shall be subject to the same limitations of
liabilty applicable between Verizon and its own Customers as set forth in
Verizon's applicable Tariffs.
4.9 Service Information Pages.
Verizon shall include all ALEC 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. ALEC's NXX codes shall appear in such lists in the
same manner as Verizon's NXX information. In addition, when ALEC is
authorized to, and is offering, local service to Customers locted within the
geographic area covered bya specific directory, at ALEC's request, Verizon shall
include, at no charge, in the "Customer Guide" or comparable section of the
applicable alphabetical directories, ALEC's critical contact information for ALEC's
installation, repair and Customer service, as provided by ALEC. Such critical
contact information shall appear alphabetically by local exchange carrier and in
accordance with Verizon's generally applicable policies. ALEC 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.
ALEC acknowledges that if ALEC desires directory services in addition to those
described herein, such additional services must be obtained under separate
agreement with Verizon's directory publishing company.
5. Voice Information Service Traffc
5.1 For purposes of this Section 5, (a) Voice Information Service means a service
that provides (i) recorded voice announcement information or (ii) a vocal
discussion program open to the public, and (b) Voice Information Service Traffc
means 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 Traffc also does not include 555 traffc or similar traffc
with AIN service intenaces, 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 ALEC 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, ALEC shall pay to Verizon without discount any
Voice Information Service provider charges biled by Verizon to ALEC. ALEC
ALEC 10 cop v3.3 45
shall pay Verizon such charges in full regardless of whether or not ALEC collects
such charges from its Customer.
5.3 ALEC 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 ALEC exercises such option, ALEC
wil establish, at its own expense, a dedicated trunk group t01he Verizon Voice
Information Service serving switch. This trunk group wil be utilzed to allow
ALEC to route Voice Information Service Traffc originated on its network to
Verizon. For such Voice Information Service Traffc, unless ALEC has entered
into a written agreement with Verizon under which ALEC wil collect from ALEC's
Customer and remit to Verizon the Voice Information Service provider's charges,
ALEC shall pay to Verizon without discount any Voice Information Service
provider charges biled by Verizon to ALEC. ALEC shall pay Verizon such
charges in full regardless of whether or not ALEC collects such charges from its
own Customer.
6. Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Verizon to ALEC, or from
ALEC to Verizon, and does not retain its original telephone number, the Party
formerly providing service to such Customer shall provide a referrl
announcement ("Referral Announcement") on the abandoned telephone number
which provides the Customer's new number or other appropriåte information, to
the extent known to the Part 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 Party unpaid overdue amounts or the
Customer requests that no Referral Announcement be provided.
6.2 Referral Announcements shall be provided, in the case of business Customers,
for a period of not less than one hundred and twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thirty (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement wil be provided by each Part at no charge to the
. other Part; provided that the Party formerly providing service may bil the
Customer its standard Tariff charge, if any, for the referral announcement.
7. Originating Line Number Screening (OLNS)
Upon ALEC's request, Verizon wil update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable biling methods for calls originating from the callng number (e.g., penal
institutions, COCOTS).
8. Operations Support Systems (OSS) Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
ALEC 10 comp v3.3 46
8.1.1 Verizon Operations Support Systems: Verizon systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing.
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 ALEC Usage Information to
ALEC pursuant to Section 8.3 of this Attachment; and, (b) "Verizon
OSS Information", as defined in Section 8.1.4 of this Attchment.
8.1.3 Verizon OSS Facilties: Any gateways, intenaces, databases,
facilties, equipment, software, or systems, used by Verizon to provide
Verizon OSS Services to ALEC.
8.1.4 Verizon ass Information: Any information accessed by, or disclosed
or provided to, ALEC 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 toa Verizon Customer or a ALEC
Customer accessed by, or disclosed or provided to,. ALEC through or
as a part of Verizon OSS Services; and, (b) any ALEC Usage
Information (as defined in Section 8.1,6 of this Attachment) accessed
by, or disclosed or provided to, ALEC.
8.1.5 Verizon Retail Telecommunications Service: Any Telecommunications
Service that Verizon provides at retail to subscribers that are not
Telecommunications Carriers. The term "VerizonRetail
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 ALEC Usage Information: For a Verizon Retail Telecommunications
Service purchased by ALEC 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 Verizon OSS Services.
8.2.1 Upon request by ALEC, Verizon shall provide to ALEC Verizon OSS
Services. Such Verizon ass 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 Facilties, Verizon OSS Information, and the Verizon
ass Services that wil 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
Facilties, Verizon OSS Information, and the Verizon OSS Services,
from time-to-time, without the consent of ALEC.
8.2.2
8.2.3 To the extent required by Applicable Law, in providing Verizon OSS
Services to ALEC, Verizon wil comply with Verizon's applicable ass
ALEC 10 comp v3.3 47
Change Management Guidelines, as such Guidelines are modifed
from time-to-time, including, but not limited to, the provisions of the
Guidelines related to furnishing notice of changes in Verizon ass
Services. Verizon's OSS Change Management Guidelines wil be set
out on a Verizon website.
8.3 ALEC Usage Information.
8.3.1 Upon request by ALEC, Verizon shall provide to ALEC ALEC Usage
Information. Such ALEC Usage Information wil be provided in
accordance with, but only to the extent required by, Applicable Law.
8.3.2 ALEC Usage Information wil be available to ALEC through Network
Data Mover (NOM) or other such media as mutually agreed by both
Parties.
8.3.3 ALEC Usage Information wil be provided in an ATIS EMI format.
8.3.4 Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
ALEC Usage Information wil be provided to ALEC shall be determined
by Verizon.
8.4 Access to and Use ofVerizon OSS Facilties.
8.4.1
8.4.2
8.4.3
8.4.4
8.45
8.4.6
ALEC 10 comp v3.3
Verizon OSS Facilties may be accessed and used by ALEC only to
the extent necessary for ALEC's access to and use of Verizon OSS
Services pursuant to this Agreement.
Verizon ass Facilties may be accessed and used by ALEC only to
provide Telecommunications Services to ALEC Customers.
ALEC shall restrict access to and use of Verizon OSS Facilties to
ALEC. This Section 8 does not grant to ALEC any right or license to
grant sublicenses to other persons, or permission to other persons
(except ALEC'semployees, agents and contractors, in accordance
with Section 8.4.7 of this Attachment), to access or use Verizon ass
Facilties.
ALEC 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
OSS Facilties, or (c) obtain access through Verizon OSS Facilties to
Verizon databases, facilties, equipment, softare, or systems, which
are not offered for ALEC's use under this Section 8.
ALEC 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 còdes for Verizon ass
Facilties: (a) shall remain the propert of Verizon; (b) shall be used by
ALEC only in connection with ALEC's use of Verizon OSS Facilities
permitted by this Section 8; (c) shall be treated by ALEC as
Confidential Information of Verizon pursuant to Section 10 of the
48
General Terms and Conditions; and, (d) shall be destroyed or returned
by ALEC to Verizon upon the earlier of request by Verizon or the
expiration or termination of this Agreement.
8.4.7 ALEC's employees, agents and contractors may access and use
Verizon ass Facilties only to the extent necessary for ALEC's access
to and use of the Verizon OSS Facilities permitted by this Agreement.
Any access to or use of Verizon ass Facilties by ALEC's employees,
agents, or contractors, shall be subject to the provisions of this
Agreement, including, but not limited to, Section 10 of the General
Terms and Conditions and Section 8.5.3.2 of this Attachment.
8.5 Verizon OSS Information.
8.5.1 Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Verizon grants to ALEC a
non-exclusive license to use Verizon OSS Information.
8.5.2 All Verizon OSS Information shall at all times remain the property of
Verizon. Except as expressly stated in this Section 8, ALEC 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) ALEC Usage Information, (b) CPNI of ALEC,
and (c) CPNI of a Verizon Customer or a ALEC Customer, to the
extent the Customer has authorized ALEC to use the CPNI.
8.5.3.1 Verizon OSS Information may be accessed and used by
ALEC only to provide Telecommunications Services to
ALEC Customers.
8.5.3.2 ALEC shall treat Verizon OSS Information that is
designated by Verizon, through written or electonic notice
(including, but not limited to, through the Verizon OSS
Services), as "Confidential" or "Proprietary" as Confidential
Information ofVerizon 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 ALEC any right or license to grant
sublicenses to other persons, or permission to other
persons (except ALEC'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 ALEC's employees, agents and contractors may access,
use and disclose Verizon OSS Information only to the
extent necessary for ALEC's access to, and use and
disclosure of, Verizon OSS Information permitted by this
Section 8. Any access to, or use or disclosure of, Verizon
OSS Information by ALEC's employees, agents or
contractors, shall be. subject to the provisions of this
Agreement, including, but not limited to, Section 10 ofthe
General Terms and Conditions and Section 8.5.3.2 of this
Attchment.
AlEC 10 camp v3.3 49
8.5.3.5 ALEC's license to use Verizon OSS Information shall expire
upon the earliest of: (a) the time when the Verizon OSS
Information is no longer needed by ALEC to provide
Telecommunications Services to ALEC Customers; (b)
termination of the license in accordance with this Section 8;
or (c) expiration or termination of this Agreement.
8.5.3.6 All Verizon OSS Information received by ALEC shall be
destroyed or returned by ALEC to Verizon, upon expiration,
suspension or termination of the license to use such
Verizon OSS Information.
8.5.4 Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including, but not limited to, Section 2.2
of the General Terms and Conditions and Section 8.6.1 of this
Attachment), ALEC's access to Verizon OSS Information through
Verizon OSS Services shall terminate upon the expiration or
termination of this Agreement.
8.5.5 Audits.
8.5.5.1 Verizon shall have the right (but not the obligation) to audit
ALEC to ascertain whether ALEC is complying with the
requirements of Applicable Law and this Agreement with
regard to ALEC's accss to, and use and disclosure of,
Verizon OSS Information.
8.5.5.2 Without in any way limiting any other rights Verizon may
have under this Agreement or Applicable Law, Verizon shall
have the right (but not the obligation) to monitor ALEC's
access to and use of Verizon OSS Information which is
made available by Verizon to ALEC pursuant to this
Agreement, to ascertain whether ALEC is complying with
the requirements of Applicable Law and this Agreement,
with regard to ALEC'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 ALEC's access to and
use of Verizon OSS Information which is made available by
Verizon to ALEC through Verizon OSS 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 ALEC 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 ALEC 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 Liabilties and Remedies.
ALEC 10 comp v3.3 50
8.6.1 Any breach by ALEC, or ALEC's employees, agents or contractors, of
th,e provisions of Sections 8.4 or 8.5 of this Attachment shall be
deemed a material breach of this Agreement. In addition, if ALEC or
an employee, agent or contractor of ALEC at any time breaches a
provision of Sections 8.4 or 8.5 of this Attchment and such breach
continues for more than ten (10) days after written notice thereof from
Verizon, then, except as otherwise required by Applicable Law,
Verizon shall have the right, upon notice to ALEC, to suspend the
license to use Verizon OSS Information granted by Section 8.5.1 of
this Attachment and/or the provision of Verizon OSS Services, in
whole or in part.
8.6.2 ALEC agrees that Verizon would be irreparably injured by a breach of
Seçtions 8.4 or 8.5 of this Attachment by ALEC or the employees,
agents or contractors of ALEC, and that Verizon shall be entitled to
seek equitable relief, including injunctive relief and specific
. penormance, 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 Attchment 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.
. ALEC, at ALEC'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, ALEC 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
ass transaction that ALEC anticipates submitting in each week of the
next Calendar Quarter.
8.8.2 ALEC 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
ass Services.
8.8.3 . ALEC shall participate in cooperative testing of Verizon OSS Services
and shall provide assistance to Verizon in identifying and correcting
mistakes, omissions, interruptions, delays, errors, defects, faults,
failures, or other deficiencies, in Verizon OSS Services.
8.9 Verizon Access to Information Related to ALEC Customers.
8.9.1 Verizon shall have the right to access, use and disclose information
related to ALEC Customers that is in Verizon's possession (including,
but not limited to, in Verizon OSS Facilities) to the extent such accss,
ALEC 10 comp v3.3 51
use and/or disclosure has been authorized by the ALEC Customer in
the manner required by Applicable Law.
8.9.2 Upon request by Verizon, ALEC shall negotiate in good faith and enter
into a contract with Verizon, pursuant to which Verizon may obtain
access to ALEC's operations support systems (including, systems for
pre-ordering, ordering, provisioning, maintenance and repair, and
biling) and information contained in such systems, to permit Verizon to
obtain information related to ALEC Customers (as authorized by the
applicable ALEC 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 ALEC 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 ALEC shall afford Verizon non-discriminatory access to poles, ducts, conduit
and rights-of-way owned or controlled by ALEC. Such accss shall be provided
pursuant to ALEC's applicable Tariffs, or, in the absence of an applicable ALEC
Tariff, ALEC'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
ALEC for such accss shall be no less favorable than the terms, conditions and
prices offered to ALEC by Verizon for access to poles, duct, conduits and rights
of way owned or controlled by Verizon.
10. Telephone Numbers
10.1 This Section applies in connection with ALEC Customers served by
Telecommunications Services provided by Verizon to ALEC for resale.
10.2 ALEC'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 ALEC 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 ALEC, from ALEC to Verizon, or from ALEC to aLEC
other than Verizon), after such change, the Customer may continue to use with
ALEC 10 camp v3.3 52
such VTS the telephone numbers that were assigned to the VTS for the use of
such Customer by Verizon immediately prior to the change.
10.4 Verizon shall have the right to change the telephone numbers used by a
Customer if at any time: (a) the Customer requests service at a new location,
that is not served by the Verizon switch and the Verizon rate center from which
the Customer previously had service; (b) continued use of the telephone
numbers is not technically feasible; or, (c) in the case of Telecommunications
Service provided by Verizon to ALEC 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 ALEC under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a ALEC 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,
ALEC, or Telecommunications Carriers other than Verizon and ALEC.
10.6 ALEC 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 ALEC for resale
pursuant to the Resale Attachment, upon request by ALEC, Verizon will establish an
arrangement that will permit ALEC to route the ALEC Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by ALEC. 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 ALEC and a
mutually agreed-upon schedule. This routing arrangement wil be implemented at
ALEC's expense, with charges determined on an individual case basis. In addition to
charges for initially establishing the routing arrangement, ALEC wil be responsible for
ongoing monthly and/or usage charges for the routing arrangement. ALEC shall arrange,
at its own expense, the trunking and other facilties required to transport traffc to ALEC's
selected provider of operator and directory assistance services.
12. Unauthorized Carrier Change Charges
In the event either Part 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 ALEC reasonable terms and conditions (including,
ALEC 10 comp v3.3 53
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 utilze the Agreement's dispute resolution
procedures.
ALEC 10 comp v3.3 54
INTERCONNECTION AITACHMENT
1. General
Each Part shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of Interconnection on Verizon's network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of example,
a technically feasible Point of Interconnection on Verizon's network in a LATA would
include an applicable Verizon Tandem Interconnection Wire Center or Verizon End Offce
Interconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a ALEC Interconnection Wire Center, ALEC switch or any
portion of a transport facilty provided by Verizon to ALEC or another party between (x) a
Verizon Interconnection Wire Center or switch and (y) the Interconnection Wire Center or
switch of ALEC or another party. For brevity's sake, the foregoing examples of locations
that, respectively, are and are not "on Verizon's network" shall apply (and are hereby
incorporated by reference) each time the term "on Verizon's network" is used in this
Agreement.
2. Points of Interconnection and Trunk Types
2.1 Point(s) of Interconnection.
2.1.1 Each Party, at its own expense, shall provide transport facilities to the
technically feasiblePoint(s) of Interconnection on Verizon's network in
a LATA selected by ALEC.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attchment, 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 IntraLA TA
toll free service access code (e.g., 800/888/877) traffc, and
IntraLATA Toll Traffc, 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 ALEC Telephone Exchange Service
Customers and purchasers of Switched Exchange Accss
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) traffc.
ALEC 10 comp v3.3 55
2.2.2 Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g., 9111E-911 Trunks) or in
other separate agreements between the Parties (e.g., directory
assistance trunks, operator services trunks, BLV/BLVI trunks or trunks
for 500/555 traffc).
2.2.3 In accordance with the terms of this Agreement, the Parties wil deploy
One-Way Interconnection Trunks (trunks with traffc going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way Interconnection Trunks (trunks with traffc going in
both directions).
2.2.4 ALEC 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
ALEC originates calls for Verizon to terminate.
2.2.5 In the event the volume of traffc 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 (SHCCS) 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, ALEC shall promptly
submit an ASRto 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
wil be limited to a maximum of 240 trunks. In the event that the
volume of traffc between a technically feasible Point of
Interconnection on Verizon's network and a Verizon Tandem exceds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, ALEC shall promptly submit an ASR to Verizon to establish
new or additional End Office 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 oftl'e
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 ALEC to Verizon, ALEC, at ALEC's own
expense, shall:
2.3.1.1 provide its own facilties for delivery of the traffc to the
technically feasible Point(s) of Interconnection on Verizon's
network in a LATA; and/or
AlEC 10 cop v3.3 56
2.3.1.2 obtain transport for delivery of the traffc to the technically
feasible Point(s) of Interconnection on Verizon's network in
a LATA (a) from a third part, or, (b) ifVerizon offers such
transport pursuant to a Verizon access Tariff, from Verizon.
2.3.2 For each Tandem or End Offce One-Way Interconnection Trunk group
for delivery of traffic from ALEC 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, ALEC will promptly submit ASRs to disconnect a suffcient
number of Interconnection Trunks to attin a utilzation 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 ALEC
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 ALEC 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 ALEC, Verizon, at Verizon's own
expense, shall provide its own facilties for delivery of the traffc 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 ALEC, ALEC, at its own
expense, shall:
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
2.4.2
2.4.3
AlEC 10 comp v3.3
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 part, 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 ALEC, Verizon, at its own
expense, shall provide its own facilties to the technically feasible
Point(s) of Interconnection on Verizon's network in a LATA.
Prior to establishing any Two-Way Interconnection Trunks, ALEC 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 Party originating Centum Call Seconds (Hundred Call
Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Offce and Tandem Two-Way
Interconnection Trunks and the intenace 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 ánd project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
57
2.4.4 On a semi-annual basis, ALEC shall submit a good faith forecast to
Verizon of the number of End Offce and Tandem Two-Way
Interconnection Trunks that ALEC anticipates Verizon wil need to
provide during the ensuing two (2) year period for the exchange of
traffc between ALEC and Verizon. ALEC's trunk forecasts shall
conform to the Verizon CLEC trunk forecasting guidelines as in effect
at that time.
2.4.5 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.
2.4.6 Two-Way Interconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilze B8ZS and Extended Super
Frame (ESF) DS1 facilities, where available.
2.4.7 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 Party may disconnect End Offce
Two-Way Intercnnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffc volume experienced.
2.4.8 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 Verizonlocal
Tandem shall be engineered using a design blocking objective of
Neal-WilkinsonB.01 during the average time consistent busy hour.
Verizon and ALEC shall engineer Two-Way Interconnecton Trunks
using Telcordia Notes on the Networks SR 2275 (formerly known as
SOC Notes on the LEC Networks SR-TSV-002275).
2.4.9 The penormance 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.
2.4.10 ALEC shall determine and order the number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffc carried on each Two-Way
Interconnection Trunk group. ALEC shall order Two-Way
Interconnection Trunks by submitting ASRs to Verizon setting forh 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. ALEC shall complete
ASRs in accordance with OBF Guidelines as in effect from time to
time.
2.4.11 Verizon may (but shall not be obligated to ) monitor Two-Way
Interconnection Trunk groups using service results for the applicable
design blocking objective. If Verizon observes blocking in excess of
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and ALEC has not notified Verizon that it
has corrected such blocking, Verizon may submit to ALEC a Trunk
ALEC 10 comp v3.3 58
Group Service Request directing ALEC to remedy the blocking. Upon
receipt of a Trunk Group Service Request, ALEC wil complete an
ASR to establish or augment the End Offce Two-Way Interconnection
Trunk group(s), or, if mutually agreed, to augment the Tandem Two-
Way Interconnection Trunk group with excessive blocking and submit
the ASR to Verizon within five (5) Business Days.
2.4.12 The Parties wil review all Tandem Two-Way Intercnnection Trunk
groups that reach a utilzation level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
ALEC wil promptly augment all Tandem Two-Way Interconnection
Trunk groups that reach a utilzation level of eighty percent (80%) by
submitting ASRs for additional trunks suffcient to attain a utilzation
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 sixt
percent (60%), unless the Parties agree otherwise, ALEC wil promptly
submit ASRs to disconnect a suffcient number of Interconnection
Trunks to attain a utilzation level of approximately sixty percent(60%)
for each respective group, unless the Parties agree that the Two-Way
Interconnection Trunks should not be disconnected. In the event
ALEC fails to submit an ASR for Two-Way Interconnection Trunks in
conformance with this Section, Verizon may disconnect the excess
Interconnection Trunks or bil (and ALEC shall pay) for the excess
Interconnection Trunks at the applicable Verizon rates.
2.4.13 Because Verizon wil not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
ALEC's network, Verizon's penormance in connection with these Two-
Way Interconnection Trunk groups shall not be subject to any
penormance measurements and remedies under this Agreement, and,
except as otherwise required by Applicable Law, under any FCC or
Commission approved carrer-to-carrier penormance assurance
guidelines or plan.
2.4.14 ALEC 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
ALEC to a Verizon End Offce wil first be routed to the End Offce
Interconnection Trunk group between ALEC and the Verizon End
Offce.
3. Alternative Interconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
3.1.1 Each Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
exchanging an amount of applicable traffc (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither ALEC nor any of ALEC's affliates has an overdue
balance on any bil rendered to ALEC or ALEC'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
ALEC 10 comp v3.3 59
ALEC 10 comp v3.3
technical specifications and requirements for such Fiber Meet
arrangement including, but not limited to, the loction of the Fiber Meet
points, routing, equipment (e.g., specifications of Add/Drop
Multiplexers, number of strands of fiber, etc.), softare, ordering,
provisioning, maintenance, repair, testing, augment and on any other
technical specifications or requirements necessary to implement the
Fiber Meet arrangement. For each Fiber Meet arrangement the
Parties agree to implement, the Parties wil complete and sign a
Technical Specifications and Requirements document, the form of
which is attached hereto as Exhibit A to Section 3 of the
Interconnection Attachment Fiber Meet Arrangement Provisions. Each
such document wil be treated as Confidential Information.
3.1.2 The Parties agree to consider the 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 agree
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 typès
(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 IntraLATA toll free service access coe
(e.g., 800/888/877) traffc between the Parties' respective
Telephone Exchange Servce Customers;
3.1.3.3 IntraLATA Toll Traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffic; and
3.1.3.5 Measured Internet Traffc.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of 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 Part shall have any obligation to pay
the other Party any charges in connection with any Fiber Meet
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffc of the type set forth in Section
3.1.3.2, the transport and termination of such traffc shall be subject to
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
60
shall compensate the terminating Party for the transport and
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 traffc of the type set forth in Section
3.1.3.4, Verizon shall charge (and ALEC 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 ALEC'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 traffc from ALEC's Telephone Exchange
Service Customers to an operator services provider over
operator services trunks;
3.1.4.2 Directory assistance traffc from ALEC's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 911 traffc from ALEC'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 InterLA TA toll free service access code
(e.g., 800/888/877) traffc, between ALEC's Telephone
Exchange 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 traffc of the
types set forth in this Section 3.1.4 Verizon may bil (and ALEC 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 ALEC wil include traffc to be exchanged over Fiber Meet
arrangements in its forecasts provided to Verizon under the
Agreement.
4. Initiating Interconnection
4.1 If ALEC 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 intercnnected pursuant to this
Agreement, ALEC 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
AlEC 10 comp v3.3 61
Interconnection on Verizon's network to be established in the relevant LATA in
accordance with this Agreement; (c) ALEC's intended Interconnection activation
date; (d) a forecast of ALEC's trunking requirements conforming to Section 14.2
of this Attachment; and (e) such other information as Verizon shall reasonably
request in order to faciltate Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary information as indicated
above. Within ten (10) Business Days of Verizon's receipt of ALEC's notice
provided for in Section 4.1 of this Attachment, Verizon and ALEC 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.
5.1
5. Transmission and Routing of Telephone Exchange Service Traffc
fJScope 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
ALEC 10 comp v3.3
For both One-Way and Two-Way Interconnection Trunks, if ALEC
wishes to use a technically feasible intenace 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 intenace facility, if ALEC 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 (i.e., the
Intermediate Hub location in the appropriate Tandem subtending area
based on the LERG), and the provision of such facilities to the subject
Central 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 Part may utilze the Agreement's dispute
resolution procedures.
Each Party will identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Part when
ordering a trunk group.
For multi-frequency (MF) signaling each Part wil 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 exced blocking
62
objectives. Each Part agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing ALEC traffc to Verizon, the subtending arrangements
between Verizon Tandems and Verizon End Offces shall be the same as the
Tandem/End Offce subtending arrangements Verizon maintains for the routing
of its own or other carriers' traffc (i.e., traffc wil be routed to the appropriate
Verizon Tandem subtended by the terminating End Offce serving the Verion
Customer). For purposes of routing Verizon traffc to ALEC, the subtending
arrangements between ALEC Tandems and ALEC End Offces shall be the same
as the Tandem/End Offce subtending arrangements that ALEC maintains for the
routing of its own or other carriers' traffic.
5.4 Signaling.
Each Part wil provide the other Party with accss 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. Traffic Measurement and Biling over Interconnection Trunks
6.1 For biling purposes, each Party shall pass Callng Part Number (CPN)
information on at least ninety-five percent (95%) of calls carred over the
Interconnection Trunks.
6.1.1
6.1.2
6.1.3
ALEC 10 comp v3.3
As used in this Section 6, ''Traffc 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
Traffic rate, as provided in the Pricing Attachment, an applicable Tariff,
or, for Measured Internet Traffc, the FCC Internet Orders.
If the originating Party passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Part shall bil the originating Party 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 Party shall bil the originating Party for such
traffc at the Traffic Rate applicable to each relevant minute of traffc, in
direct proportion to the minutes of use of calls passed with CPN
information.
If the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and the originating Party chooses to combine
Reciprocal Compensation Traffic and Toll Traffc on the same trunk
group, the receiving Party shall bil the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
Access Services rates for all traffc that is passed without CPN, unless
the Parties agree that other rates should apply to such traffc.
63
6.2 At such time as a receiving Party has the capabilty, on an automated basis, to
use such CPN to classify traffc delivered over Interconnection Trunks by the
other Party by 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
Traffic), such receiving Part shall bill 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 traffic delivered by the other Part
by Traffc Rate type, the originating Part will supply Traffc Factor 1 and Traffc
Factor 2. The Traffc Factors shall be supplied in writing by the originating Part
within thirty (30) days of the Effective Date and shall be updated in writing by the
originating Party quarterly. Measurement of billng minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed cali, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of biling minutes for originating toll free service accss 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 exceds 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 Party 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 abilty to
designate the areas within which that Part's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
6.5 If and, to the extent that, a ALEC Customer receives V/FX Traffc, ALEC shall
promptly provide notice thereof to Verizon (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses for V/FX
Traffic, as well as the LATA in which the Customer's station is actually physically
located) and shall not bil Verizon Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Verizon's Customers to
such ALEC Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act
7.1 Reciprocal Compensation.
The Parties shall exchange Reciprocal Compensation Traffic at the technically
feasible Point(s) of Interconnection on Verizon's network in a LATA designated in
accordance with the terms of this Agreement. The Part originating Reciprol
Compensation Traffc shall compensate the terminating Part for the transport
and termination of such traffic to its Customer in accrdance with Section
ALEC 10 cop v3.3 64
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 ALEC
shall pay Verizon) the End Office Reciprocal Compensation rate set forth in the
Pricing Attachment for Reciprocal Compensation Traffc ALEC 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 (ALEC
shall pay Verizon) the Tandem Reciprocal Compensation rate set forth in the
Pricing Attachment for Reciprocal Compensation Traffc ALEC delivers to
Verizon; it also being understood and agreed that ALEC shall charge (and
Verizon shall pay ALEC) the End Offce Reciprocal Compensation rate set forth
in the Pricing Attachment for Reciprocal Compensation Traffc Verizon delivers to
ALEC. 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
ALEC, or delivered by ALEC 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
networ.k in a LATA to its Customer; provided, however, for the avoidance of any
doubt, ALEC shall also pay Verizon, at the rates set forth in the Pricing
Attachment, for any multiplexing, cross connect or other colloction related
Services that ALEC obtains from Verizon. When Toll Traffc is delivered over the
same Interconnection Trunks as Reciprocal Compensation Traffc, any port,
transport or other applicable access charges related to the delivery of Toll Traffic
from the technically feasible Point of Interconnection on Verizon's network in a
LATA to the terminating Party's Customer shall be prorated so as to apply only to
the Toll Traffc. The designation of traffc as Reciprocal Compensation Traffc for
purposes of Reciprocal Compensation shall be based on the actual originating
and terminating points of the complete end-tcrnd communication.
7.2 Traffc Not Subject to Reciprocal Compensation.
7.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (Le., VlFX Traffc), Information Access, or exchange
services for Exchange Access or Information Access.
7.2.2 Reciprocal Compensation shall not apply to Internet Traffc.
7.2.3. 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.
7.2,4 Reciprocal Compensation shall not apply to Optional Extended Local
Callng Scope Arrangement Traffc.
7.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffc that is not switched by the terminating Part.
7.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffc.
7.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attchment).
7.2.8 Reciprocal Compensation shall not apply to traffc that is not subject to
Reciprocal Compensation under Section 251(b)(5) of the Act.
ALEC 10 cop v3.3 65
7.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffc (Le., V/FX Traffc). As used in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traffc" is defined as calls in which a ALEC
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, ALEC shall pay Verizon's originating access charges for all
V/FX Traffc originated by a Verizon Customer, and ALEC shall pay
Verizon's terminating access charges for all V/FX Traffc originated by
a ALEC Customer.
7.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by ALEC 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 ALEC.
8. Other Types of Traffc
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 Traffc 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
Accss, Information Access, exchange services for Exchange Access or
Information Access, and Toll Traffc, shall be governed by the applicable
provisions of this Agreement and applicable Tariffs.
8.3 For any traffic originating with a third party carrier and delivered by ALEC to
Verizon, ALEC 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 ALEC.
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 Orders 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 certin trunks to be established over the
Interconnections specified in Sections 2 through 5 of this Attchment for the
transmission and routing of traffc between ALEC Telephone Exchange Service
ALEC 10comp v3.3 66
Customers and Interexchange Carriers ("Access Toll Connecting Trunks"), in any
case where ALEC elects to have its End Offce Switchsubtend a Verizon
Tandem. This includes casually-dialed (1 01 OXX and 101XX) traffc.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If ALEC chooses to subtend a Verizon access Tandem, ALEC's
NPAlNXX must be assigned by ALEC 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 ALEC shall establish Access Toll Connecting Trunks pursuant to
applicable accss 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
ALEC's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Offce ALEC utilzes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Verizon utilzes
to provide Exchange Access in such LATA.
9.2.4 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Accss to allow ALEC'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 Billng (MPB) Arrangements
10.1 ALEC and Verizon wil 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 byVerizon.
10.2 In each LATA, the Parties shall establish MPB arrangements for the applicable
ALEC 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 ALEC and Verizonwil 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 suffcient 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 outlned in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bil/Single Tariff or "Multiple Bil/Multiple
ALEC 10 comp v3.3 67
Tariff' option, as appropriate, in order to bil an IXC for the portion of the MPB
arrangement provided by that Party. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Party may use the New York State
Access Pool on its behalf to implement the Single Bil/Multiple Tariff or Single
Bil/Single Tariff option, as appropriate, in order to bil an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Part for the portion ofthe MPB arrangement
provided by it shall be as set forth in that Party's applicable Tariffs, or other
document that contains the terms under which that Party's access services are
offered. For each ALEC Routing PoinWerizon Serving Interconnection Wire
Center combination, the MPB biling percentages for transport between the ALEC
Routing Point and the Verizon Serving Interconnection Wire Center shall be
calculated in accordance with the formula set forth in Section 10.17 of this
Attachment.
10.7 Each Party shall provide the other Part with the biling name, biling 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 ALEC with the Terminating Switched Access Detail Usage
Data (EM I 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 ALEC shall provide Verizon with the Originating Switched Accss Detail Usage
Data (EMI category 1101XX records) on cartridge or via such other media as the
Parties may agree, no later than ten (10) Business Days after the date the usage
occurred.
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 ofthis
Attachment shall be sent to the following addresses:
To ALEC:
Mark i. Hayes
Senior Vice President
250 W. Main Street, Suite 1920
Lexington, Kentucky 40507
For Verizon:
Verizon Data Services
ATTN: MPB
1 East Telecom Parkway
Dock 0
Temple Terrace, FL 33637
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 ALEC and Verizon shall coordinate and exchange the billng account reference
(BAR) and billng account cross reference (BACR) numbers or Operating
ALEC 10 comp v3.3 68
Company Number ("OCN"), as appropriate, for the MPB arrangements described
in this Secti.on 10. Each Party shall notify the other if the level of billng or other
BARIBACR elements change, resulting in a new BARIBACR number, or if the
OCN changes.
10.12 Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirty (30) calendar days of the receipt of the
original data. The other Party shall attempt to correct the error and resubmit the
data within ten (10) Business Days of the notification. In the event the errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data wil be considered lost. In the event of a loss of data, whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Part may conduct
additional audits, at its expense, upon the other Party's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liabilty for damages, losses, claims, costs, injuries, expenses
or other 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 ALEC determines to offer Telephone Exchange Services in a LATA
in which Verizon operates an access Tandem Switch, Verizon shall permit and
enable ALEC to subtend the Verizon access Tandem Switch(es) designated for
the Verizon End Offces in the area where there are located ALEC Routing
Point(s) associated with the NPA NXX(s) to/from which the Switched Exchange
Accss Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billng percentages
for each Routing PoinWerizon Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a/(a+b)=ALEC Biling Percentage
and
b/(a+b)=Verizon Billng Percentage
where:
a = the airline mileage between ALEC 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.
ALEC 10 camp v3.3 69
10.18 ALEC shall inform Verizon of each LATA in which it intends to offer Telephone
Exchange Services and its calculation ofthe billng percentages which should
apply for such arrangement. Within ten (10) Business Days of ALEC's delivery of
notice to Verizon, Verizon and ALEC shall confirm the Routing PoinWerizon
Serving Interconnection Wire Center combination and biling percentages.
11. Toll Free Service Access Code (e.g., 800/888/877) Traffc
The following terms shall apply when either Part delivers toll free service access code
(e.g., 800/877/888)("8YY) calls to the other Party. For the purposes of this Section 11 ,
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8VY database. Except as otherwise agreed to by the Parties, all ALEC originating
"untranslated" 8YY traffc wil be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When ALEC delivers translated 8YV calls to Verizon to be completed by
11.1.1 an IXC:
11.1.1.1 ALEC will provide an appropriate EMI record to Verizon;
11.1.1.2 ALEC wil bil the IXC the ALEC's applicable Switched
Exchange Access Tariff charges and the ALEC's applicable
Tariff query charges; and
11.1.1.3 Verizon wil bill the IXC Verizon's applicable Switched
Exchange Access Tariff charges.
11.1.2 Verizon:
11.1.2.1 ALEC wil provide an appropriate EMI record to Verizon;
and
11.1.3
11.1.2.2 ALEC wil bil Verizon the ALEC's Switched Exchange
Access Tariff charges and the ALEC's applicable Tariff
query charge.
a toll free service access code service provider in that LATA:
11.1.3.1 ALEC wil provide an appropriate EMI record to Verizon and
the toll free service access code service provider;
11.1.3.2 ALEC wil bil the toll free service access code service
provider the ALEC's applicable Switched Exchange Accs
Tariff charges and the ALEC's applicable Tariff query
charges; and
1'1.1.3.3 Verizon wil bil the toll free service aCcss code service
provider Verizon's applicable Switched Exchange Accss
Tariff charges.
11.2 When Verizon penorms the query and delivers translated avy calls, originated
by Verizon's Customer or another LEC's Customer to ALEC to be completed by
11.2.1 ALEC:
ALEC 10 comp v3.3 70
11.2.1.1 Verizon wil provide an appropriate EMI record to ALEC;
and
11.2.1.2 Verizon wil bill ALEC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges.
11.2.2 a toll free service access code service provider in that LATA:
11.2.2.1 Verizon wil provide an appropriate EMI record to ALEC and
the toll free service access code service provider;
11.2.2.2 Verizon wil bill the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges and Verizon's applicable Tariff query
charges; and
11.2.2.3 ALEC wil bil the toll free service access code service
provider the ALEC's applicable Switched Exchange Access
Tariff charges.
11.3 When ALEC delivers untranslated 8YV calls to Verizon to be completed by
11.3.1 an IXC:
11.3.1.1 Verizon wil query the call and route the call to the
appropriate IXC;
11.3.1.2 Verizon wil provide an appropriate EMI record to ALEC;
11.3.1.3 Verizon will bil the IXC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges; and
11 .3.1.4 ALEC wil bil the IXC ALEC's applicable Switched
Exchange Access Tariff charges.
11.3.2 Verizon:
11.3.3
11.3.2.1 Verizon will query the call and complete the call;
11.3.2.2 Verizon wil provide an appropriate EMI record to ALEC;
11.3.2.3 ALEC wil bil Verizon the ALEC's applicable Switched
Exchange Access Tariff charges.
a toll free service access code service provider in that LATA:
11.3.3.1 Verizon. wil query the call and route the call to the
appropriate toll free service access code service provider;
11.3.3.2 Verizon wil provide an appropriate EMI record to ALEC and
the toll free service accss code service provider;
11.3.3.3 Verizon wil bil the toll free service access code service
provider Verizon's applicable Switched Exchange Accss
Tariff and Verizon's applicable Tariff query charges; and
ALEC 10 camp v3.3 71
11.3.3.4 ALEC wil bil the toll free service access code service
provider the ALEC's applicable Switched Exchange Accss
Tariff charges.
11.4 Verizon wil not direct untranslated toll free service access code calls to ALEC.
12. Tandem Transit Traffc
. 12.1 As used in this Section, Tandem Transit Traffc is Telephone Exchange Serice
traffc that originates on ALEC'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 Carrer"). Neither the originating nor terminating customer is a
Customer of Verizon. Subtending End Offces shall be determined in accrdance
with and as identified in the Local Exchange Routing Guide (LERG). For the
avoidance of any doubt, under no circumstances shall Verizon be required to
transit traffic through a Verizon Tandem to a Central 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 TransitTraffc Service provides ALEC 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 Attchment. ALEC shall deliver each Tandem
Transit Traffc call to Verizon's Tandem with CCS and the appropriate
Transactional Capabilties Application Part (HTCAP") message to faciltate full
interoperabilty of CLASS Features and biling functions.
12.4 ALEC may use Tandem Transit Traffc Service only for traffc that originates on
ALEC's network and only to send traffc to an Other Carrier with whom ALEC has
a reciprocal traffic exchange arrangement (either via written agreement or mutual
tariffs) that provides for the Other Carrier, to terminate or complete traffc
originated by ALEC and to bil ALEC, and not to bill Verizon, for such traffc.
ALEC agrees not to use Verizon's Tandem Transit Traffc Service to send traffc
to an Other Carrier with whom ALEC does not have such a reciprocal traffc
exchange arrangement or to send traffc that does not originate on ALEC's
network.
12.5 ALEC 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 ALEC any additional charges or costs any
Other Carrier imposes or levies on Verizon for the delivery or termination of such
traffic, including any Switched Exchange Access Service charges. If Verizon is
biled by any Other Carrier for any traffc originated by ALEC, Verizon may
provide notice to ALEC of such biling. Upon receipt of such notice, ALEC 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 billed charges from its bil to Verizon and that
the Other Carrier wil not bil Verizon for any traffic oriinated by ALEC. Such
certification must be signed by an authorized offcer or agent of the Other Carrier
and must be in a form accptable to Verizon.
12.6 If ALEC uses Tandem Transit Traffc Service for traffc volumes that exced 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
ALEC 10 comp v3.3 72
Office of a particular Other Carrier for any month (the "Threshold Level"). ALEC
shall use good faith efforts to establish direct interconnection with such Other
Carrier and reduce such traffic volumes below the Threshold LeveL. If Verizon
believes that ALEC 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 ALEC fails to comply with Section 12 of this Attachment, such failure shall be a
material breach of a material provision of this Agreement and Verizon may
exercise any and all remedies under this Agreement and Applicable Law for such
breach.
12.8 If or when a third party carrier plans to subtend a ALEC switch, then ALEC 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, ALEC shall offer to Verizon a service arrangement
equivalent to or the same as Tandem Transit Traffc Service provided by Verizon
to ALEC 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 ALEC Central Offce or its equivalent
("Reciprocal Tandem Transit Service"). ALEC 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 Part shall take any actions to prevent the other Part 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 Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffc to the other Part's assigned
NXX codes. Except as expressly set forth in this Agreement, neither 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 wil be
the same for each Party. During the term of this Agreement, ALEC shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Verizon within the LATA and Tandem serving area. ALEC shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilzing NXXs.
13.4 ALEC wil also designate a Routing Point for each assigned NXX code. ALEC
shall designate one location for each Rate Center Area in which the ALEC 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
ALEC 10 comp v3.3 73
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise, calls to subsequent NXXs of ALEC wil be routed in
the same manner as calls to ALEC'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 ALEC's choices regarding the size of the local callng area(s)
that ALEC may establish for its Customers, which local callng areas may be
larger than, smaller than, or identical to Verizon's local callng areas.
14. Joint Network Implementation and Grooming Process; Forecasting
14.1 Joint Network Implementation and Grooming Process.
Upon request of either 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:
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 Office high usage trunks as good engineering practices
may dictate.
14.2 Trunk Forecasting Requirements.
14.1.1
14.1.2
14.1.3
14.1.4
14.1.5
14.2.1
14.2.2
ALEC 10 comp v3.3
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
availabilty standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services wil be
engineered using a design-blocking objective ofB.01.
the respective duties and responsibilties of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notifcation and
discoveries of trunk disconnects;
Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, ALEC shall provide Verizon a two
(2)-year traffc forecast that complies with the Verizon Interconnecion
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, ALEC shall provide a
new or revised traffc forecast that complies with the Verizon
Interconnection Trunking Forecast Guide when ALEC 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) ALEC plans to deploy a new
74
switch; (b) ALEC plans to implement a new POI or network
architecture; (c) ALEC plans to rearrange its network; (d) ALEC plans
to convert a One-Way Interconnection Trunk group to a Two-Way
Interconnection Trunk group; (e) ALEC plans to convert a Two-Way
Interconnection Trunk group to a One-Way Interconnection Trunk
group; or (f) ALEC 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 Interconnection Trunk groups, or disconnect existing
Interconnection Trunks.
14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on ALEC 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 Portabilty").
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 A Customer of one Part ("Part A") elects to become a Customer of
the other Party ("Part 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
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B wil
work together to port the Customer's telephone number(s) from Part
A's network to Party B's network.
15.2.2 When a telephone number is ported out of Party A's network, Party A
wil remove any non-proprietary line based callng card(s) associated
with the ported number(s) from its Line Information Database (L1DB).
Reactivation of the line-based callng card in another L1DB, if desired,
is the responsibilty of Part B or Party B's Customer.
15.2.3 When a Customer of Party 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. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Part A shall not reassign
ALEC 10 comp v3.3 75
those numbers. Part B shall not reassign the reserved numbers to
another Customer.
15.2.4 When a Customer of Part 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.
15.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM), according to
industry standards.
15.2.6 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 offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
wil be equipped with LNP capabilty and so noted in the LERG.
. 15.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portble. 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-portble 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 coes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.8 Both Parties' use of LNP shall meet the penormance criteria specified
by the FCC. Both Parties wil act as the default carrier for the other
Part in the event that either Part is unable to penorm the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated. an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Part, the first Party shall cooperate with the second 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 Part. 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
ALEC 10 comp v3.3 76
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC Regulations.
15.4.1 If Part 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. Party A wil respond to the Part B, within ten (10)
days of receipt of the request, with a date for which LNP wil be
available in the requested End Offce. 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.
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 Ofces, as set
forth in this Section 15.4.
15.5 ALEC shall submit orders to port numbers electronically using an LSR via the
Verizon web Graphical User Intenace ("GUI") or Electronic Data Intenace ("EDI")
pursuant to the instructions, business rules and guidelines set forth on the
Verizon Partner Solutions website (formerly referred to as the Verizon wholesale
website).
16. Good Faith 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 ALEC reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilze the Agreement's dispute resolution
procedures.
ALEC 10 comp v3.3 77
TRAFFIC EXCHANGE AITACHMENT
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 Party to
Rate Center Areas served by that Third Party Tandem Switch, the Parties may
reciprocally exchange Reciprocal Compensation Traffc, Measured Internet Traffc,
intraLATA Toll Traffic, and translated IntraLATA toll free service accss code traffc,
originated by their respective Customers, through that Third Party Tandem Switch. For
the avoidance of any doubt, nothing in this Attachment shall preclude the Parties from
interconnecting their networks in accordance with the Interconnection Attachment, which
Interconnection Attachment must be a part of the Agreement.
2. Arrangements With Third Part Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffic, Measured Internet Traffc, IntraLATA Toll Traffic, and
. translated IntraLATA toll free service access code traffc under this Attachment,
each Party 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 traffic to be exchanged through the
Third Party Tandem Provider). In addition, the Parties must also fulfill each of
the other requirements of this Attachment.
2.1.1 If such arrangements between a Party and the Third Part Tandem
Provider are terminated (e.g., where a Third Part Tandem Provider
does not permit a Part to exchange the foregoing traffc using the
Third Party Tandem Switch), that Part 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 (i.e., receiving
such traffc from or, sending such traffc to, the other Party) under this
Attachment.
2.1.2 Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Party may discontinue
exchanging the foregoing traffc with the other Party under this
Attachment.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, ALEC 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.
Ongoing forecast requirements. Where the Parties are already
exchanging traffc through a Third Party Tandem Switch in a LATA,
ALEC shall provide a new or revised traffc forecast when ALEC
develops plans or becomes aware of information that wil materially
2.2.2
AlEC 10 comp v3.3 78
affect the Parties' exchange of traffc through such Third Part
Tandem Switch in that LATA. Instances that require a new or revised
forecast include, but are not limited to: (i) ALEC plans to deploy a new
switch; (ii) ALEC plans to implement interconnection in accordance
with the Interconnection Attachment or a new network architecture; (ii)
ALEC plans to rearrange its network; or (iv) ALEC expects a
significant change in traffc volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on ALEC or Verizon.
2.3 Prior to exchanging traffc through a Third Party Tandem Switch, ALEC shall
meet with Verizon to conduct a joint planning meeting ("Third Part Tandem
Provider Joint Planning Meeting"). At that Third Part Tandem Provider Joint
Planning Meeting, each Part shall, among other things, provide to the other
Party originating Centum Call Second (Hundred Call Second) information.
2.4 If and, when, the volume of traffc exchanged between a Verizon End Offce and
ALEC switch through a Third Party 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 Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the Interconnection
Attachment. In the event the Parties so interconnect their respective networks,
the Parties shall discontinue exchanging any and all traffc through the Third
Part Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffc but, on an overfow basis, through the Third Party 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 Part Tandem Provider.
3. Initiating Traffic Exchange Under This Attachment
3.1 If ALEC determines to offer Telephone Exchange Services and wishes to
exchange traffic with Verizon through a Third Party Tandem Switch in any LATA
in which Verizon also offers Telephone Exchange Services, ALEC shall provide
written notice to Verizon of its request to exchange traffc through a Third Party
Tandem Switch in such LATA pursuant to this Attchment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a) ALEC's
proposed traffc exchange activation date; (b) a forecast of ALEC's traffc
volumes conforming to Section 2 of this Attachment; and (c) such other
information as Verizon shall reasonably request in order to faciltate 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 utilze accurate and complete recordings, of any traffc exchanged between
them under this Attachment, for use in billing.
AlEC 10 comp v3.3 79
4.2 At such time asa receiving Party has the capabilty, on an automated basis, to
use CPN to classify traffc from the other Part, exchanged under this
Attachment, by traffc type (Le., Reciprocal Compensation Traffc, Measured
Internet Traffc, intraLATA Toll Traffc, and IntraLATA toll free service access
code traffc), such receiving Part shall bil the originating Part the rate
applicable to each relevant minute of traffic for which CPN is received. If the
receiving Part lacks the capabilty, on an automated basis, to use CPN
information on an automated basis to classify traffc received from the other Part
by 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
Part within thirty (30) days of the Effective Date and shall be updated in writing
by the originating Party quarterly. Measurement of billng minutes for purposes
of determining terminating compensation shall be in conversation seconds (the
time in seconds that a Part's equipment is used for a completed cali, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of biling minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accrdance with applicable Tariffs. Determination
as to whether traffic 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 Traffic, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
4.3 Each Party reserves the right to audit all traffc exchanged under this Attachment,
up to a maximum of two audits. per calendar year, to ensure that rates are being
applied appropriately; provided, however, that either Part shall have the right to
conduct additional audit(s) if the preceding audit disclosed material errors or
discrepancies. Each Party 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 ability 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 ALEC Customer receives VlFX Traffc exchanged
under this Attachment, ALEC shall promptly provide notice thereof to Verizon
(such notice to include, without limitation, the specific telephone number(s) that
the Customer uses for V/FX Traffic, as well as the LATA in which the 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 ALEC Customers.
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act
5.1 Reciprocal Compensation.
The Part originating Reciprocal Compensation Traffc shall compensate the
terminating Party for the transport and termination of such traffc to its Customer
in accordance with Section 251(b)(5) of the Act at the equal and symmetrical
rates stated in the Pricing Attachment; it being understood and agreed that
because the Third Part Tandem Provider is providing the tandem functionally to
both Parties, Verizon shall charge (and ALEC shall pay Verizon) the End Office
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffc Verizon receives fròm ALEC and ALEC shall charge (and
ALEC 10 comp v3.3 80
Verizon shall pay ALEC) the End Offce Reciprocal Compensation rate set forth
in the Pricing Attachment for Reciprocal Compensation Traffc ALEC 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 Party;
provided, however, for the avoidance of any doubt, neither Party may assess
upon, or pass through to, the other Part any charges biled by (or on behalf of)
the Third Party Tandem Provider. The designation of traffc as Reciprocal
Compensation Traffc for purposes of Reciprocal Compensation shall be based
on the actual originating and terminating points of the complete end-to-end
communication.
5.2.1
5.2 Traffic Not Subject to Reciprocal Compensation.
5.2.2
5.2.3
5.2.4
5.2.5
.5.2.6
5.2.7
5.2.8
5.2.9
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limittion, Virtual Foreign
Exchange Traffc (Le., V/FX Traffc)), Information Accss, or exchange
services for Exchange Access or Information Accss.
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 (10XX101XX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Callng Area 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 (Le., V/FX Traffc). As used in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traffc" is defined as calls in which a ALEC
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, ALEC shall pay Verizon's originating accss charges for all
V/FX Traffc originated by a Verizon Customer, and ALEC shall pay
Verizon's terminating access charges for all V/FX Traffc originated by
a ALEC Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocl
Compensation per minute of use charges) biled by ALEC 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 ALEC.
6. Other Types of Traffic
AlEC 10 comp v3.3 81
6.1 Notwithstanding any other provision of this Agreement or otherwise: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of Internet Traffc shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for Internet Traffc that is in excess of the intercarrer
compensation for Internet Traffc that such Party is required to pay under the
FCC Intemet 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 traffc originating with a third party carrier and delivered by ALEC to
Verizon, ALEC 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 ALEC.
6.4 Notwithstanding any provision of this Agreement or otherwise, no Interexchange
Carrier (IXC) traffc may be exchanged under this Attchment.
6.5 Any traffc not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffc.
7. Toll Free Service Access Code (e.g., 800/888/877) Traffc
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 Party under this Attchment.
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 ALEC delivers translated IntraLATA 8VY calls to Verizon for completion:
7.1.1 by Verizon:
7.1.1.1 ALEC wil provide an appropriate EMI record to Verizon;
and
7.1.1.2 ALEC will bil Verizon the ALEC's Switched Exchange
Access Tariff charges and the ALEC's applicable Tariff
query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 ALEC wil provide an appropriate EMI record to Verizon and
the toll free service access code service provider; and
7.1.2.2 ALEC wil bil the toll free service access code service
provider the ALEC's applicable Switched Exchange Access
Tariff charges and the ALEC's applicable Tariff querycharges; and .
7.1.2.3 Verizon wil bil the toll free service access code service
provider Verizon's applicable Switched Exchange Accss
Tari charges.
ALEC 10 cap v3.3 82
7.2 When Verizon penorms the query and delivers translated IntraLATA 8YV calls,
originated by Verizon's or another LEC's Customer for completion:
7.2.1 by ALEC:
7.2.1.1 Verizon will provide an appropriate EMI record to ALEC;
and
7.2.1.2 Verizon wil bil ALEC 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 ALEC and
the toll free service access code service provider; and
7.2.2.2 Verizon will bill the toll free service access code service
provider Verizon's applicable Switched Exchange Accss
Tariff charges and Verizon's applicable Tariff query
charges; and
7.2.2.3 ALEC wil bil the toll free service access code service
provider the ALEC's applicable Switched Exchange Accss
Tariff charges.
7.3 Verion wil not direct untranslated toll free service access code calls to ALEC.
ALEC wil not direct untranslated toll free service access code calls to Verizon.
,8. Number Resources, Rate Center Areas and Routing Points
8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Offce Codes ("NXX") pursuant to the Central Offce Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
8.2 It shall be the responsibilty of each 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 Party shall impose any
fees or charges whatsoever on the other Party for such activities.
8.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, ALEC shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Verizon within the LATA and Tandem serving area. ALEC 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 ALEC wil also designate a Routing Point for each assigned NXX code. ALEC
shall designate one location for each Rate Center Area in which the ALEC 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.
ALEC 10 comp v3.3 83
Unless specified otherwise, calls to subsequent NXXs of ALEC wil be routed in
the same manner as calls to ALEC's initial NXXs.
8.5 Notwithstanding anything to the contrary contained herein, nothing in this
Agreement is intended, and nothing in this Agreement shall be construed, to in
any way constrain ALEC's choices regarding the size of the local callng area(s)
that ALEC may establish for its Customers, which local callng areas may be
larger than, smaller than, or identical to Verizon's local callng areas.
9. Number Portabilty - Section 251(B)(2)
9.1 Scope.
The Parties shall provide Number Portabilty (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
9.2 Procedures for Providing LNP ("Local Number Portabilty").
The Parties wil follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
9.2.1
9.2.2
9.2.3
9.2.4
ALEC 10 comp v3.3
A Customer of one Part ("Part A") elects to become a Customer of
the other Party ("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 will now receive from Part B. After
Part B has received. authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B wil
work together to port the Customer's telephone number(s) from Part
A's network to Part B's network.
When a telephone number is ported out of Party A's network, Party A
wil remove any non-proprietary line based callng card(s) associated
with the ported number(s) from its Line Information Database (L1DB).
Reactivation of the line-based callng card in another L1DB, if desired,
is the 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 Part 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, Party A shall not reassign
those numbers. Party 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 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
84
activity. When the ten-digit unconditional trigger is not available, Part
A and Part B must coordinate the disconnect activity.
9.2.5 The Parties shall furnish each other with the Jurisdiction Information
Parameter (JIP) in the Initial Address Message (lAM).
9.2.6 Where LNP is commercially available, the NXXs in the offce shall be
defined as portable, except as noted in Section 9.2.7, and translations
wil be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offces within the LATA
of the given switch(es). On a prospective basis, all newly deployed
switches wil be equipped with LNP 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 NXXcodes 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 coes 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 withthe effective date in the network. .
9.2.8 Both Parties' use of LNP shall meet the penormance criteria specified
by the FCC. Both Parties wil act as the default carrier for the other
Part in the event that either Party is unable to penorm the routing
necessary for LNP.
9.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, 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.
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 Ofce of
Part A, which is not currently capable, Part B shall issue a LNP
request to Part A. Party A wil respond to the Part B, within ten (10)
days of receipt of the request, with a date for which LNP wil be
available in the requested End Offce. Party A shall proceed to
ALEC 10 comp v3.3 85
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offces of the other through the Local Exchange Routing Guide
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Ofces, as set
forth in this Section 9.4.
9.5 ALEC shall submit orders to port numbers electronically using an LSR via the
Verizon web Graphical User Intenace ("GUI") or Electonic Data Intenace ("EDI")
pursuant to the instructions, business rules and guidelines set forth on the
Verizon Partner Solutions website (formerly referred to as the Verizon wholesale
website).
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 ALEC 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 utilze the Agreementsdispute resolution
procedures.
ALEC 10 comp v3.3 86
1. General
RESALE A ITACHMENT
Verizon shall provide to ALEC, in accordance with this Agreement (including, but not
limited to, Verizon's applicable Tarifs) and the requirements of Applicable Law, Verizon's
Telecommunications Services for resale by ALEC; provided, that notwithstanding any
other provision of this Agreement, Verizon shall be obligated to provide
Telecommunications Services to ALEC only to the extent required by Applicable Law and
may decline to provide a Telecommunications Service to ALEC to the extent that
provision of such Telecommunications Service is not required by Applicable Law.
2. Use ofVerizon Telecommunications Services
2.1 Verizon Telecommunications Services may be purchased by ALEC under this
Resale Attachment only for the purpose of resale by ALEC as a
Telecommunications Carrier. Verizon Telecommunications Services to be
purchased by ALEC for other purposes (including, but not limited to, ALEC's own
use) must be purchased by ALEC 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 ALEC shall not resell:
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
ALEC 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 ALEC to comply with this
Section 2.2, ALEC shall take those actions required by Applicable Law
to determine the eligibilty of ALEC 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. ALEC shall indemnify Verizon
from any Claims resulting from ALEC's failure to take such actions
required by Applicable Law.
Verizon may penorm audits to confirm ALEC's conformity to the
provisions of this Section 2.2. Such audits may be penormed twice
per calendar year and shall be penormed in accordance with Section 7
of the General Terms and Conditions.
87
2.3 ALEC 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 practce for Verizon Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) wil be furnished only to the extent that facilties continue
to be available to provide such Telecommunications Service.
2.4 ALEC 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 accrdance 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 ALEC Customers.
3. Availabilty of Verizon Telecommunications Services
3.1 Verizon wil provide a Verizon Telecommunications Service to ALEC 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 ALEC.
3.3 To the extent required by Applicable Law, the Verizon Telecommunications
Services to be provided to ALEC for resale pursuant to this Attachment will
include a Verizon Telecommunications Service customer-specific contract
service arrangement ("CSA") (such as a customer specific pricing arrangement
or individual case based pricing arrangement) that Verizon is providing to a
Verizon Customer at the time the CSA is requested by ALEC.
4. Responsibilty for Charges
4.1 ALEC 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
ALEC, ALEC Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Verizon to ALEC
pursuant to this Resale Attachment.
4.2 Upon request by ALEC, Verizon wil provide for use on resold Verizon retail
Telecommunications Service dial tone lines purchased by ALEC 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. ALEC 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 ALEC's purchase
of such blocking or screening services, ALEC's end user Customers or other
persons ordering, activating or using Telecommunications Serices on the resold
ALEC 10 comp v3.3 88
dial tone lines may complete or accept calls which ALEC intended to block.
Notwithstanding the foregoing, ALEC 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 ALEC Customer
locations for the purpose of installng, inspecting, maintl3ining,
repairing, and removing, facilities, equipment, softare, and wiring
used to provide the Verizon Telecommunications Services. ALEC
shall, at ALEC'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 ALEC
or ALEC 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 ALEC, 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 ALEC to use Verizon's Marks.
5.2.2 To the extent required by Applicable Law, upon request by ALEC and
at prices, terms and conditions to be negotiated by ALEC and Verizon,
Verizon shall provide Verizon Telecommunications Services for resale
that are identified by ALEC'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, ALEC wil be responsible for
entering into a direct contractual arrangement with the third-part
contractor at ALEC's expense (a) to obtain identification of Verizon
operator services or Verizon directory assistance purchased by ALEC
for resale with ALEC's trade name, or (b) to obtain removal ofVerizon
Marks from Verizon operator services or Verizon directory assistance
purchased by ALEC for resale.
6. Rates and Charges
The rates and charges for Verizon Telecommunication Services purchased by ALEC for
ALEC 10 cap v3.3 89
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
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 ALEC reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilze the Agreement's dispute resolution
procedures.
ALEC 10 comp v3.3 90
NETWORK ELEMENTS ATTACHMENT
1. General
1.1 Verizon shaUprovide to ALEC, 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 wholesele
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 ALEC
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 ALEC to the extent that provision of such UNEs, Combinations,
or Commingling is not required by the Federal Unbundling Rules.
1.2 Verizon shall be obligated to combine UNEs that are not already combined in
Verizon's network only to the extent required by the Federal Unbundling Rules.
Except as otherwise required by this Agreement and the Federal Unbundling
Rules: (a) Verizon shall be obligated to provide a UNE or Combination pursuant
to this Agreement only to the extent such UNE or Combination, and the
equipment and facilties necessary to provide such UNE or Combination, are
already available in Verizon's network; and (b) Verizon shall have no obligation to
construct, modify, or deploy facilities or equipment to offer any UNE or
Combination.
1.3 ALEC 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 ALEC. Without limiting the foregoing, ALEC 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 ALEC, and ALEC shall not
request from Verizon, access to a proprietary advanced intellgent
network service.
1.4 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Verizon that any item identified in this Agreement as a Network Element is (i)
a Network Element under the Federal Unbundling Rules, or (ii) a Network
Element Verizon is required by the Federal Unbundling Rules to provide to ALEC
on an unbundled basis or in combination with other Network Elements.
1.5 If as the result of ALEC Customer actions (e.g., Customer Not Ready ("CNR")),
Verizon cannot complete requested work activity when a technician has been
dispatched to the ALEC Customer premises, ALEC wil be assessed a non-
recurring charge associated with this visit. This charge wil be the sum of the
applicable Service Order charge as provided in the Pricing Attachment and the
Customer Not Ready Charge provided for in the Pricing Attchment (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).
ALEC 10 romp v3.3 91
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 ALEC with access
on an unbundled basis at rates prescribed under Section
251 of the Act to any facility that is or becomeS a
Discontinued Facilty, whether as a stand-alone UNE, as
part of a Combination, or otherwise. To the extent Verizon
has not already ceased offering or providing unbundled
access to a particular Discontinued Facilty that is a
Discontinued Facilty as of the Effective Date, Verizon may
cease offering or providing unbundled accss to such
Discontinued Facilty immediately upon the Effective Date
without further notice to ALEC. Subject to Section 1.7
below, if a facilty on or at any time after the Effective Date
is or becomes a Discontinued Facilty, Verizon, to the extent
it has not already ceased providing unbundled accss 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 accss 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
ALEC has not submitted an LSR or ASR, as appropriate, to
Verizon requesting disconnection of the Discontinued
Facility and has not separately secured from Verizon an
alternative arrangement to replace the Discontinued Facilty,
then Verizon, to the extent it has not already done so, may
disconnect the subject Discontinued Facilty without further
notice to ALEC. In lieu of disconnecting the subject
Discontinued Facilty 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 ALEC is then enrolled), a
resale arrangement, or other analogous arrangement that
Verizon shall identify or has identified in writing to ALEC, 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 ALEC is then enrolled), a resale
arrangement, or other analogous arrangement that Verizon
shall identify or has identifed in writing to ALEC; provided,
ALEC 10 comp v3.3 92
however, that Verizon may disconnect the subject
Discontinued Facilty (or the replacement service to which
the Discontinued Facility has been converted) if ALEC fails
to pay when due any applicable new rate or surcharge biled
byVerizon.
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
ALEC seeks to convert from another wholesale service to an
unbundled network element (collectively, "TRRO Certification
Elements"), ALEC must undertake a reasonably diligent inquiry and,
based on that inquiry, certify that, to the best of its knowledge, ALEC's
request is consistent with the requirements of the TRRO and that
ALEC is entitled to unbundled access to the subject element pursuant
to section 251 (c)(3) of the Act. ALEC shall provide such certification
using the automated method that Verizon makes available for that
purpose. ALEC's reasonably dilgent inquiry must include, at a
minimum, consideration of any list of non-impaired UNE Wire Centers
that Verizon makes or has made available to ALEC 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 ALEC
under a non-disclosure agreement or that is otherwise available to
ALEC.
1.7.2 Provision-then-Dispute Requirements.
1.7.2.1 Upon receiving a request from ALEC 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 proess the request in
accordance with any applicable standard intervals. If
Verizon wishes to challenge ALEC's right to obtain
unbundled accss to the subject element pursuant to 47
U.S.C. § 251 (c)(3), then (except as provided in Section
1.7.2.3 below) Verizon must provision the subject element
as a UNE and then seek resolution of the dispute by the
Commission or the FCC, or through such other dispute
resolution process that Verizon elects to invoke under the
dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuantto section 1.7.2.1 above is resolved in
Verizon's favor, then ALEC shall compensate Verizon for
the additional charges that would apply if ALEC had ordered
the subject facilty 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 ALEC requests disconnection
of the subject facilty or an alternative term that Verizon
ALEC 10 camp v3.3 93
offers under its interstate special accss tariff for the subject
facilty or service.
1.7.2.2.1 In the case of Dark Fiber Transport (there being
no analogous service under Verizon's access
tariff), the monthly reçurrng charges that
Verizon may charge, and that ALEC 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 ALEC, 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 facility 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 ofthe Agreement,
Verizon may reject a ALEC order for a TRRO Certification
Element without first seeking dispute resolution: (a) in any
case where ALEC's order conflicts with a provision of a
Verizon Tariff, (b) in any çase where ALEC's order conflicts
with a non-impaired UNE Wire Center designation set forth
in a Wire Center List that Verizon has made available to
ALEC by notice and/or by publication on Verizon's
wholesale website, (c) in any case where ALEC's order
conflicts with anon-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 ALEC 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, facilty, service or the like that Verizon offers under an açcss 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, facilty, service or the like
that Verizon is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
ALC 10 camp v3.3 94
permit: (a) arbitration pursuant to 47 U.S.C. § 252(b) of the rates, terms, or
conditions upon which Verizon may provide such arrangement, facilty, service or
the like, or (b) application of 47 U.S.C. § 252 in any other respect.
2. Verizon's Provision of Network Elements
Subject to the conditions set forth in Section 1 of this Attchment, in accordance with, but
only to the extent required by, the Federal Unbundling Rules, Verizon shall provide ALEC
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 Attchment;
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 inSection 8 of this Attachment; .
2.7 Network Intenace 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 ALEC to access Loops unbundled from local switching and local transport,
in accrdance with this Secion 3 and the rates and charges provided in the
Pricing Attachment. Verizon shall allow ALEC access to Loops in accrdance
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 setforthbelow: .
3.1.1 "2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an
effective 2-wire channel with 2-wire intenaces 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
ALEC 10 comp v3.3 95
ALEC 10 comp v3.3
3.1.2
3.1.3
3.1.4
3.1.5
more fully described in Verizon TR-72570, as revised from time-to-
time. Verizon will not build new facilties or modify existing facilties
except to the extent required in Section 17 of this Attchment.
"4-Wire Analog Voice Grade Loop" or "Analog 4W' provides an
effective 4-wire channel with 4-wire intenaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type wil operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Verizon TR-72570, as
revised from time-to-time. Verizon will 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 intenaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 2B 1 Q line code. This Loop
type is more fully described in American National Standards Institute
(ANSI) T1.601-1998 and Verizon TR 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, ALEC may order a 2-Wire Digital Compatible
Loop using 2-wire ISDN ordering codes to provide similar capabilty.
Verizon wil not build new facilties or modify existing 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 intenaces 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 inVerizon
TR-72575, as revised from time-to-time. ADSL-Compatible Loops wil
be available only where existing copper facilties are available and
meetepplicable 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. 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, ALEC may order a 2-
Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capabilty.
"2-Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrier serving
area design criteria. This Loop type is more fully described in VerizOn
TR-72575, as revised from time-to-time. TheHDSLpower spectal
density mask and dc line power limits referenced inVerizon TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops wil be provided only where existing facilties are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, ALEC may order a 2-Wire Digital
96
ALEC 10 comp v3.3
3.1.6
3.1.7
3.1.8
3.1.9
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capabilty. Verizon will not build new facilties or modify existing
facilties except to the extent required in Sections 3.2 or 17 of this
Attachment.
"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 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 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 penormance 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
Metallc Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, ALEC 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
penormance 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, ALEC
may order a 2-Wire Digital Compatible Loop to provide similar
capabilty. SDSL-compatible local loops wil 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
97
carrier with 56 kbps DDS data port transport capabilty. Verizon shall
provide 4-Wire 56 kbps Loops to ALEC in accordance with, and
subject to, the technical specifications set forth in Verizon TR-72575,
as revised from time-to-time. Verizon wil not build new facilities or
modify existing facilties except to the extent required in Section 17 of
this Attachment.
3.1.10 "OS 1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Verizon TR 72575, as revised from time to time. The 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 will 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 facilties except
to the extent required in Section 17 of this Attchment. If the
electronics necessary to provide Clear Channel (B8ZS) signaling are.
at the requested installation date available for a requestedDS1 Loop,
upon request by ALEC, the DS1 Loop wil 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 DS1-capacity Loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS1 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS1 Loop set forth in
this section.
3.1.11 "DS3 Loops" wil support the transmission of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Verizon TR 72575, as revised
from time to time. The DS3 Loop includes the electronics necessary
to provide the DS3 transmission rate. If, at the requested installation
date, the electronics necssary 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 facilties 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 Attchment 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 ALEC
requirements for metallc loops over 18k ft. or for conditioning of
ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loops. "Digital Designed
Loops" may include requests for:
ALEC 10 comp v3.3 98
3.1.12.1 a 2W Digital Designed Metallc Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
3.1.12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a"2W ADSL Compatible Loop");
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop");.
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed Metallc Loop with Verizon-placed
ISDN loop extension electronics;
3.1.12.7 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 ALEC at the
rates as set forth in the Pricing Attchment.
3.1.14 In the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific ALEC 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").
3.1.15 Verizon shall make Conditioned Loops available to ALEC at the rates
as set forth in the Pricing Attachment.
AlEC 10 comp v3.3 99
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1 ALEC 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.
3.2.2 In former Bell Atlantic Service Areas, Verizon is conducting a
mechanized survey of existing Loop facilities, on a Central Ofce 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 ALEC as
the process is completed in each Central Offce. ALEC 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 compatibilty with xDSL
Services that the CLEC may wish to offer to it end user Customers.
ALEC must access Verizon's mechanized loop qualifcation system
through the use of the on-line computer intenace at
ww.verizon.com/wise in advance of submitting a valid electronic
transmittl Service Order for xDSL service arrangements. The loop
qualification information provided by Verizon gives ALEC the abilty to
determinè loop composition and loop length, and may provide other
loop characteristics, when present, that may indicate incompatibility
with xPSL 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
responsibilty of ALEC to evaluate the loop qualification information
provided by Verizon and determine whether a loop meets ALEC
requirements for xDSL Service, including determining whether
conditioning should be ordered, prior to submitting an Order.
3.2.3 If the Loop is not listed in the mechanized database described in
Section 3.2.2 of this Attchment, ALEC must request a manual loop
qualification, where such qualification is available, prior to submitting a
valid electr6nic 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 procss is
currently available in the former Bell Atlantic Service Areas only.
3.2.4 If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.g., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), ALEC may request an Engineering Query,
where avanable, as described in Section 3.2.7 of this Attachment, to
determine whether the result is due to characteristics of the loop itself
ALEC 10 comp v3.3 100
AlEC ID cop v3.3
(e.g., specific number and location of bridged taps, the specific
number of load coils, or the gauge of the cable).
3.2.5 . Once a Loop has been pre-qualified, ALEC will submit a Service Order
pursuant to Section 3.2.1 of this Attachment if it wishes to obtain the
Loop.
3.2.5.1 If the Loop is determined to be xDSL Compatible and if the
Loop serving the serving address is usable and available to
be assigned as a xDSL Compatible Loop, Verizon wil
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals will
apply.
3.2.5.2 If the Loop is determined to be xDSL Compatible, but the
Loop serving the service address is unusable or unavailable
to be assigned as an xDSL Compatible Loop, Verizon wil
search the Customer's serving terminal for a suitable spare
facilty. If an xDSL Compatible Loop is found within the
serving terminal, Verizon wil penorm 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 altemate existing xDSL Compatible
Loop facilty serving the same loction. Verizon penorms
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 penorms a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
If ALEC submits a Service Order for an xDSL Compatible or BRI ISDN
Loop that has not been prequalified, Verizon wil query the Service
Order back to ALEC for qualification and wil not accpt such Service
Order until the Loop has been prequalified on a mechanized or manual
basis. If ALEC 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 ALEC with a "Nonqualified" indicator and with
information showing whether the non-qualified result is due to the
presence of load coils, presence of digital loop carrier, or loop length
(including bridged tap).
3.2.6
3.2.7 Where ALEC has followed the prequalification procedure described
above and has determined that a Loop is not compatible with xDSL
technolpgies 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 ALEC is already aware of the conditioning required (e.g.,
where ALEC has previously requested a qualification and has
obtained loop characteristics), ALEC 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 Attchment upon
receipt of ALEC's valid, accurate and pre-qualified Service Order for a
Digital Designed Loop.
101
3.2.8 The Parties wil make reasonable efforts to cordinate their respective
roles in order to minimize provisioning problems. In general, where
conditioning or loop extensions are requested by ALEC, an interval of
eighteen (18) Business Days wil be required by Verizon to complete
the loop analysis and the necessary construction work involved in
conditioning and/or extending the loop as follows:
3.2.8.1 Three (3) BusinessDays wil be required following receipt of
ALEC's valid, accurate and pre-qualified Service Order for a
Digital Designed or Conditioned Loop to analyze the loop
and related plant records and to create an Engineering
Work Order.
3.2.8.2 Upon completion of an Engineering Work Order, Verizon
wil initiate the construction order to penorm the
changes/modifications to the Loop requested by ALEC.
Conditioning activities are, in most cases, able to be
accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this intervaL.
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process will be initiated,
subject to Verizon's standard provisioning intervals.
3.2.9 If ALEC requires a change in scheduling, it must contact Verizon to
issue a supplement to the original Service Order. If ALEC cancels the
request for conditioning after a loop analysis has been completed but
prior to the commencement of construction work, ALEC shall
compensate Verizonfor an Engineering Work Order charge as set
forth in the Pricing Attachment. If ALEC cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, ALEC shall compensate
Verizon for an Engineering Work Order charge as well as the charges
associated with the conditioning tasks penormed as set forth in the
Pricing Attachment.
3.3 Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Locl
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 ALEC Telephone Exchange Services provisioned over
Analog 2W Loops to be provided by Verizon to ALEC:
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 penorm a
conversion, additional charges may apply. If ALEC does
not request a coordinated cutover, Verizon wil process
ALEC's order as a new installation subjec to applicable
standard provisioning intervals.
3.3.1.2 ALEC shall request Analog 2W Loops for coordinated
cutover from Verizon by delivering to Verizon a valid
electronic Local Service Request ("LSR"). Verizon agrees
to accpt from ALEC the date and time for the conversion
designated on the LSR ("Scheduled Conversion Time"),
ALEC 10 comp v3.3 102
provided that such designation is within the regularly
scheduled operating hours of the Verizon Regional CLEC
Control Center ("RCCC") and subject to the availabilty of
Verizon's work force. In the event that Verizon's work force
is not available, ALEC and Verizon shall mutually agree on
a New Conversion Time, as defined below. ALEC 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 ALEC the
scheduled due date for conversion of the Analog 2W Loops
covered by such LSR.
3.3.1.3 ALEC shall provide dial tone at the ALEC collocation site at
least forty-eight (48) hours prior to the Scheduled
Conversion Time.
3.3.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time");
provided, however, that each Part shall use commercially
reasonable efforts to provide four (4) business hours'
advance notice to the other Part of its request for a New
Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled mòre 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 frm
the previous New Conversion Time, the Party requesting
such New Conversion Time shall be subject to the following:
3.3.1.5.1 lf 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 ALEC; and
3.3.1.5.2 If ALEC requests to reschedule outside the.one
(1) hour time frame above, ALEC 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 ALEC is not ready to accept servic 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 penorm the
conversion within thirty (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Verizon and ALEC wil reschedule and, upon request from
ALEC 10 cap v3.3 103
ALEC, Verizon wil credit the Analog 2W Loop Service
Order Charge for the original Scheduled Conversion Time.
3.3.1.7 The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to ALEC is fifteen (15) minutes per
Analog 2W Loop for all orders consisting of twenty (20)
Analog 2W Loops or less. Orders involving more than
twenty (20) Loops will require a negotiated intervaL.
3.3.1.8 Conversions involving LNP will be completed according to
North American Numbering Council (NANC) standards, via
the regional Number Portabilty Administration Center
(NPAC).
3.3.1.9 If ALEC 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 FTIP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
any Verizon Tariff, ALEC shall not be entitled to obtain access to a
FTIP 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 FITP
Loop.
3.5.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Verizon Tariff, if (a) Verizon deploys an FTIP 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 ALEC'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 ALEC 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 Capabilities.
Notwithstanding any other provision of this Agreement or any Verizon
Tariff or SGAT, ALEC 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 ALEC 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
AlEC 10 comp v3.3 104
Unbundling Rules, Verizon shall provide ALEC with unbundled access
to the existing time division multiplexing features, functions, and
capabilties of that Hybrid Loop, including DS1 or DS3 capacity (but
only where impairment. has been found to exist, which, for the
avoidance of any doubt, does not include instances where Verizon is
not required to provide unbundled accss to a DS1 Loop or a DS3
Loop under Section 1 of this Attachment) to establish a complete time
division multiplexing transmission path between the main distribution
frame (or equivalent) in a Verizon End Offce serving an end user to
the demarcation point at the end user's Customer premises. This
access includes access to all features, functions, and 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 ALEC 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 Offce 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
ALEC 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 ALEC 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 wil endeavor to provide ALEC 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 penormed.
3.6.4.2 If neither a copper Loop nor a Loop served by UDLC is
available, Verizon shall, upon request of ALEC, 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, ALEC shall
be responsible for any of the following charges that apply in
the event the technically feasible option involves
construction, installation, or modification of facilties: (a) an
engineering query charge for preparation of a price quote;
ALEC 10 camp v3.3 105
(b) upon ALEC'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 ALEC after construction work has
started, ALEC shall be responsible for cancellation charges
and a pro-rated charge for construction work penormed
prior to the cancellation.
3.6.4.3 Verizon may exclude its penormance in connection with
providing unbundled Loops pursuant to this Section 3.6.4
from standard provisioning intervals and penormance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as "Loop Sharing")
4.1 Line Splitting is a process in which one CLEC provides narrowband voice service
over the low frequency portion of an unbundled copper Loop obtained from
Verizon (such CLEC may be referred to as the "VLEC") and a second CLEC
provides digital subscriber line service over the high frequency portion of that
same Loop (such CLEC may be referred to as the "DLEC"). Line Splitting is
accomplished through the use of a splitter collocated at the Verizon central offce
where the Loop terminates into a distribution frame or its equivalent.
4.2 Subject to the conditions set forth in Section 1 of this Attachment, ALEC may
engage in Line Splitting, in accrdance with this Sectiori 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 ALEC and another CLEC shall be accomplished by
prior negotiated arrangement between ALEC and the other CLEC. ALEC shall
give Verizon written notice of this arrangement through the Verizon Partner
Solutions Local Service Customer Profile Form (formerly referred to as the
Verizon Wholesale Local Service Customer Profile Form) on the Verizon Partner
Solutions website (formerly referred to as the Verizon wholesale website), or
such other electronic notice mechanism that Verizon may make available, at
least thirty (30) days prior to placing an order for a Line Splitting arrangement
with such other CLEC. The other CLEC must have an interconnection
agreement with Verizon that permits it to engage in Line Splitting with ALEC.
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 faciltate ALEC's engaging in Line Splitting pursuant to this Section 4,
ALEC may order for use in a Line Splitting arrangement, those Network
Elements, Combinations, Collocation arrangements, services, facilties,
equipment and arrangements, appropriate for Line Splitting, that are offered to
ALEC by Verizon under the other sections of this Agreement. Such Networ
Elements, Combinations, Collocation arrangements, services, facilties,
equipment and arrangements, wil be provided to ALEC in accrdance with, and
subject to, the rates and charges and other provisions of this Agreement and
Verizon's applicable Tariffs. Verizon shall be obligated to provide Network
Elements, Combinations, Collocation arrangements, services, facilties,
ALEC 10 comp v3.3 106
equipment and arrangements, for Line Splitting only to the extent required by the
Federal Unbundling Rules.
4.5 ALEC and/or the other participating CLEC shall provide any splitters and/or
Digital Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Verizon Product Interval Guide; provided that the standard
provisioning interval for a Line Splitting arrangement shall not exced 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
penormed.
4.7 Verizon shall not be liable for any claims, damages, penalties, liabilties or the
like of any kind for disruptions to either ALEC'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 Attchment and upon request by
ALEC, Verizon shall allow ALEC 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 ALEC 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 (USLAL.
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by ALEC, Verizon shall provide ALEC 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 ALEC 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 ALEC may request that Verizon reactivate (if available) an unused
drop and NID or provide ALEC with access to a drop and NID that, at
the time of ALEC's request, Verizon is using to provide service to the
Customer (as such term is hereinafter defined).
Upon site-specific request, ALEC may obtain access to the Sub-Loop
Distribution Facilty at a technically feasible access point located near
a Verizon remote terminal equipment enclosure at the rates and
charges provided for. in the Pricing Attachment. It is not technically
feasible to access the Sub-Loop Distribution Facility if a technician
must accss the facilty by removing a splice caSe to reach the wiring
within the cable. ALEC may obtain access to a Sub-Loop Distribution
Facilty through any method required by the Federal Unbundling
Rules, in addition to existing methods such as from a
6.1.2
ALEC 10 camp v3.3 107
ALEC 10 comp v3.3
Telecommunications outside plant interconnection cabinet (TOPIC) or,
if ALEC is collocated at a remote terminal equipment enclosure and
the FDI for such Sub-Loop Distribution Facility is locted in such
enclosure, from the collocation arrngement of ALEC at such terminaL.
If ALEC obtains accss to a Sub-Loop Distribution Facility from a
TOPIC, ALEC shall install a TOPIC on an easement or Right of Way
obtained by ALEC within 100 feetofthe 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 ALEC 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 ALEC for any of
ALEC's electronics in the TOPIC. ALEC 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 ALEC may request from Verizon by submitting a loop make-up
engineering query to Verizon, and Verizon shall provide to ALEC, the
following information regarding a Sub-Loop Distribution Facilty 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 Facilty; and, the location of the FDI to which the
Sub-Loop Distribution Facilty is connected.
6.1.4 To order accss to a Sub-Loop Distribution Facilty from a TOPIC,
ALEC must first request that Verizon connect the Verizon FDI to which
the Sub-Loop Distribution Facilty is connected to a ALEC TOPIC. To
make such a request, ALEC must submit to Verizon an application (a
"Sub-Loop Distribution Facilty Interconnection Application") that
identifies the FDI at which ALEC wishes to access the Sub-Loop
Distribution Facilty. 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 ALEC's demand for accss to
Sub-Loop Distribution Facilties at the requested FDI. ALEC must
submit the application fee set forth in the Pricing Attachment attached
hereto and Verizon's applicable Tariffs (a "Sub-Loop Distribution
Facilty Application Fee") with Sub-Loop Distribution Facilty
Interconnection Application. ALEC must submit Sub-Loop
Interconnection Applications to:
ALEC's Account Manager
Within sixty (60) days after it receives a complete Sub-Loop
Distribution Facilty Interconnection Application for access to a Sub-
Loop Distribution Facilty and the Sub-Loop Distribution Facilit
Application Fee for such application, Verizon shall provide to ALEC a
work order that describes the work that Verizon must penorm to
provide such access (a "Sub-Loop Distribution Facilty Work Order"
6.1.5
108
and a statement of the cost of such work (a "Sub-Loop Distribution
Facilty Interconnection Cost Statement").
6.1.6 ALEC shall pay to Verizon fifty percent (50%) of the cost set forth in a
Sub-Loop Distribution Facilty Interconnection Cost Statement within
sixty (60) days of ALEC's receipt of such statement and the associated
Sub-Loop Distribution Facilty Work Order, and Verizon shall not be
obligated to penorm any of the work set forth in such order until
Verizon has received such payment. A Sub-Loop Distribution Facilty
Interconnection Application shall be deemed to have been withdrawn if
ALEC breaches its payment obligation under this Section. Upon
Verizon 's completion of the work that Verizon must penorm to provide
ALEC with access to a Sub-Loop Distribution Facilty, Verizon shall bil
ALEC, and ALEC shall pay to Verizon, the balance of the cost set forth
in the Sub-Loop Distribution Facilty Interconnection Cost Statement
for such access.
6.1.7 AfterVerizon has completed the installation of the interconnecting
cable to a ALEC TOPIC and ALEC has paid the full cost of such
installation, ALEC can request the connection of Verizon Sub-Loop
Distribution Facilities to the ALEC TOPIC. At the same time, ALEC
shall advise Verizon of the services that ALEC plans to provide over
the Sub-Loop Distribution Facilty, request any conditioning of the Sub-
Loop Distribution Facilty and assign the pairs in the interconnecting
cable. ALEC shall run any crosswires within the TOPIC.
6.1.8 If ALEC requests that Verizon reactivate an unused drop and NID,
then ALEC shall provide dial tone (or its DSL equivalent) on the ALEC
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 ALEC dial tone or equivalent from the
TOPIC. If ALEC requests that Verizon provide ALEC with access to a
Sub-Loop Distribution Facilty that, at the time of ALEC's request,
Verizon is using to provide service to a Customer, then, after ALEC
has looped two interconnecting pairs through the TOPIC and at least
twenty four (24) hours before the due date, a Verizon technician shall
crosswire the dial tone from the Verizon central offce through the
Verizon side of the TOPIC and back out again to the Verizon FDI and
Verizon Sub-Loop Distribution Facilty using the "loop through"
approach. On the due date, ALEC shall disconnect Verizon's dial
tone, crosswire its dial tone to the Sub-Loop Distribution Facilty and
submit ALEC's LNP request.
6.1.9 Verizon will not provide access to a Sub-Loop Distribution Facilty if
Verizon is using the loop of which the Sub-Loop Distribution Facilit 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.
6.1.10 Verizon shall provide ALEC with access to a Sub-Loop Distnbution
Facilty in accordance with negotiated interVals .
6.1.11 Verizon shall repair and maintain a Sub-Loop Distribution Facilty at
the request of ALEC and subject to the time and material rates set
AlEC 10 comp v3.3 109
forth in Pricing Attachment and the rates, terms and conditions of
Verizon's applicable Tariffs. ALEC accepts responsibility for initial
trouble isolation for Sub-Loop Distribution Facilties and providing
Verizon with appropriate dispatch information based on its test results.
If (a) ALEC reports to Verizon a Customer trouble, (b) ALEC requests
a dispatch, (c) Verizon dispatches a technician, and (d) such trouble
was not caused by Verizon Sub-Loop Distribution Facilty facilties or
equipment in whole or in part, ALEC shall pay Verizon the charges set
forth in the Pricing Attachment and Verizon's applicable Tariffs for time
, associated with said dispatch. In addition, these charges also apply
when the Customer contact as designated by ALEC is not available at
the appointed time. If as the result of ALEC 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 Tariff wil be assessed per occurrence to
ALEC by Verizon. If as the result of ALEC instructions, Verizon is
erroneously requested to dispatch to a site outside of Verizon company
premises ("dispatch out"), the charges set forth in Pricing Attachment
and Verizon's applicable Tariffs wil be assessed per occurrence to
ALEC by Verizon.
6.2 (Intentionally Left Blank).
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Verizon shall allow ALEC 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
Attchment 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 Attchment and upon
request by ALEC, Verizon shall provide ALEC with access to unbundled Dark
Fiber Transport in accordance with, and subject to, the rates, terms and
conditions provided in the Pricing Attchment and rates, terms and conditions of
Verizon's applicable Tariffs. Verizon shall not be required to provide, and ALEC
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 ALEC with unbundled access to ALEC'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 ALEC shall not request
or obtain, Dark Fiber Transport that does not connect a pair of Verizon UNE Wire
Centers. Access to unbundled Dark Fiber Transport wil be provided by Verizon
only where existing facilties are available except as provided in Section 17
below. Access to Dark Fiber Transport wil 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 attched
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
ALEC 10 comp v3.3 110
otherwise required by the Federal Unbundling Rules, the following terms and
conditions apply to Verizon's Dark Fiber Transport offerings.
8.2 In addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Transport:
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
AlEC 10 comp v3.3
(Intentionally Left Blank).
ALEC may access Dark Fiber Transport only at a pre-existing Verizon
accessible terminal of such Dark Fiber Transport, and ALEC may not
access Dark Fiber Transport at any other point, including, but not
limited to, a splice point or case. Dark Fiber Transport is not available
to ALEC unless such Dark Transport is already terminated on an
existing Verizon accessible terminaL. Unused fibers locted 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 ALEC.
Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Verizon wil not penorm splicing (e.g., introduce
additional splice points or open existing splice points or cases) to
accommodate ALEC's request.
Verizon shall penor all work necssary to install a cross connect or a
fiber jumper from a Verizon accessible terminal to a ALEC collocation
arrangement.
A "Dark Fiber Inquiry Form" must be submitted prior to. submitting an
ASR. Upon receipt of ALEC's completed Dark Fiber Inquiry Form,
Verizon wil initiate a review of its cable records to determine whether
Dark Fiber Transport may be available between the locations and in
the quantities specified. Verizon wil respond within fifteen (15)
Business Days from receipt of the ALEC'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 project, Verizon
reserves the right to negotiate a different intervaL. The Dark Fibe
Inquiry is a record search and does not guarantee the availábilty of
Dark Fiber Transport. Where a direct Dark Fiber Transport route is not
available, Verizon wil provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Verizon Central Ofices at the rates set forth in the Pricing Attchment.
In cases where Verizon provides Dark Fiber Transport via an indirect
route as described in this section, ALEC 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 ALEC. Verizon reserves the
right to limit the number of intermediate Verizon Central Offces on an
indirect route consistent with limitations in Verizon's netwrk design
and/or prevailng industr practices for optical transmission
applications. Any limitations on the number of intermediate Verizon
Central Offces wil be discussed with ALEC. If accss to Dark Fiber
Transport is not available, Verizon wil notify ALEC, within fifteen (15)
Business Days, that no spare Dark Fiber Transport is available over
111
AlEC 10 comp v3.3
the direc route nor any reasonable alternate indirect route, except that
for voluminous requests or large, complex projects, Verizon reserves
the right to negotiate a different intervaL. Where no available route
was found during the record review, Verizon wil identify the first
blocked segment on each alternate indirect route and which
segment(s) in the alternate indirect route are available prior to
ericountering a blockage on that route, at the rates set forth in the
Pricing Attchment.
8.2.5.1 ALEC shall indicate on the Dark Fiber Inquiry Form whether
the available Dark Fiber should be reserved, at the rates set
forth in the Pricing Attchment, pending receipt of an order
for the Dark Fiber.
8.2.5.2 Upon request from ALEC as indicated on the Dark Fiber
Inquiry Form, Verizon shall hold such requested Dark Fiber
Transport for ALEC's use for ten (10) Business Days frm
ALEC's receipt of Acknowledgement and may not allow any
other party (including Verizon) to use such fiber during that
time period.
8.2.5.3 ALEC 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 procss shall be
used when ALEC does not have additional requirements for
colloction. The parallel provisioning process shall be used
when ALEC requires new colloction facilties or changes to
existing collocation arrangements.
8.2.5.4 If no order is received from ALEC for the reserved Dark
Fiber Transport within ten (10) Business Days frm ALEC's
receipt of Acknowledgement, Verizon shall return to spare
the reserved Dark Fiber Transport that Verizon previously
notified ALEC are available. Should ALEC submit an order
to Verizon after the ten (10) Business Day reservation
period for access to Dark Fiber Transport that Verizon has
previously notified ALEC was available, ALEC assumes all
risk that such Dark Fiber Transport wil no longer be
available.
8.2.5.5 Upon ALEC's request, the Parties wil conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
8.2.5.5.1 ALEC wil use existing intenaces and Verizon's
current applications and order forms to request
collocation and Dark Fiber Transport.
8.2.5.5.2 Verizon wil parallel process ALEC's requests for
collocation, including augments, and Dark Fiber
Transport.
8.2.5.5.3 Before ALEC submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, ALEC wil:
112
ALEC 10 comp v3.3
8.2.6
8.2.7
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 colloction application
for the Verizon Central Offce(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Verizon that
ALEC's collocation application
has been accepted.
8.2.5.5.4 ALEC 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 ALEC's Dark Fiber Transport
request, ALEC may cancel its collocation
application within five (5) Business Days of such
rejection and receive a refund of the colloction
application fee paid by ALEC, less the costs
Verizon incurred to date.
8.2.5.5.6 If Verizon accepts ALEC'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 ALEC
wil pay for parallel provisioning of such Dark
Fiber Transport at the rates specified in the .
Pricing Attachment beginning on the date that
Verizon accepts each Dark Fiber Transport
request.
8.2.5.5.7 Within ten (10) days after Verizon completes a
ALEC collocation application, ALEC shall submit
a Dark Fiber change request to reposition Dark
Fiber Transport from the temporary loction in
that Verizon Central Offce(s) to the permanent
location at ALEC's collocation arrangement in
such Verizon Central Offce(s). ALEC wil
prepare such request(s) in the manner and form
specified by Verizon.
8.2.5.5.8 If ALEC cancels its colloction application,
ALEC must also submit a cancellation for the
unbundled Dark Fiber Transport provisioned to
the temporary location in the Verizon Central
Offce(s).
ALEC 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, accss to Dark Fiber Transport that terminates in a Venzon
premises must be accmplished via a collocation arrangement in that
Verizon premises. In circumstances where a collotion arrangement
113
cannot be accomplished in a Verizon premises, the Parties agree to
negotiate for possible alternative arrangements.
8.2.8 Except as provided in Section 17 below, Dark Fiber Transport wil be
offered to ALEC in the condition that it is available in Verizon's network
at the time that ALEC submits its request (Le., "as is"). In addition,
Verizon shall not be required to convert lit fiber to Dark Fiber Transport
for ALEC's use.
8.2.9 Spare wavelengths on fiber strands, where Wave Division Multiplexing
(WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be Dark Fiber Transport, and,
therefore, wil not be offered to ALEC as Dark Fiber Transport.
8.2.10 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 ALEC as Dark Fiber Transport.
8.2.11 ALEC shall be responsible for providing all transmission, terminating
and lightwave repeater equipment necessary to light and use Dark
Fiber Transport.
8.2.12 ALEC may not resell Dark Fiber Transport, purchased pursuant to this
Agreement to third parties.
8.2.13 Except to the extent that Verizon is required by the Federal
Unbundling Rules to provide Dark Fiber Transport to ALEC for use for
Special or Switched Exchange Accss Services, ALEC shall not use
Dark Fiber Transport, for Special or Switched Exchange Access.
Services.
8.2.14 In order to preserve the effciency of its network, Verizon may, upon a
showing of need to the Commission, limit ALEC 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 ALEC upon a
showing of need to the Commission and twelve (12)
months' advance written notice to ALEC; 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 ALEC 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 ALEC, or impair Verizon's abilty to meet
a legal obligation.
8.2.15 Except as expressly set forth in this Agreement, ALEC may not
reserve Dark Fiber Transport.
8.2.16 ALEC shall be solely responsible for: (a) determining whether or not
the transmission characteristics of the Dark Fiber Transport
accommodate the requirements of ALEC; (b) obtaining any Rights of
ALEC 10 camp v3.3 114
Way, governmental or private property permit, easement or other
authorization or approval required for accss 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, ALEC's collocation arrangements with any proper
optical cross connects or other equipment that ALEC needs to access
Dark Fiber Transport before it submits an order for such accss.
ALEC hereby reliresents and warrants that it shall have all such rights
of way, authorizdtions 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 ALEC places an order for the applicable Dark
Fiber Transport, and that it shall maintain the same going forward.
ALEC is responsible for trouble isolation before reporting trouble to
Verizon. Verizon wil restore continuity to Dark Fiber Transport that
has been broken. Verizon wil not repair Dark Fiber Transport that is
capable of transmitting light, even if the transmission characteristics of
the Dark Fiber Transport has changed.
(Intentionally Left Blank).
ALEC may request the following, which shall be provided on a time
and materials basis (as set forth in the Pricing Attchment):
8.2.19.1 (Intentionally 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, ALEC may reserve the
Dark Fiber Transport, as applicable, for ten (10) Business
Days from receipt of Verizon's field survey results. If ALEC
submits an order for accss to such Dark Fiber Transport
after passage of the foregoing ten (10) Business Day
reservation period, Verizon does not guarantee or warrant
the Dark Fiber Transport wil be available when Verizon
receives such order, and ALEC assumes all risk that the
Dark Fiber Transport wil not be available. Verizon shall
penorm a field survey subject to a negotiated intervaL. If a
ALEC submits an order for Dark Fiber Transport without first
obtaining the results of a field survey of such Dark Fiber
Transport, ALEC assumes all risk that the Dark Fiber
Transport wil not be compatible with ALEC's equipment,
including, but not limited to, order cancellation charges.
8.3 Transitional Provision of Embedded Dark Fiber Loops.
8.2.17
8.2.18
8.2.19
Notwithstanding any other provision of this Agreement, Verizon is not required to
provide, and ALEC may not obtain, unbundled access to any Dark Fiber Loop;
provided, however, that if ALEC leased a Dark Fiber Loop from Verizon as of
March 11, 2005, ALEC may continue to lease that Dark Fiber Loop at transitional
rates provided for in the TRRO until September 10, 2006, and not beyond that
ALEC 10 comp v3.3 115
date. The Parties acknowledge that Verizon, prior to the Effective Date, has
provided ALEC 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 ALEC, Verizon shall permit ALEC to connect a ALEC Loop to the
Inside Wiring of a Customer's premises through the use of a Verizon NID in
accordance with this Section 9 and the rates and charges provided in the Pricing
Attachment. Verizon shall provide ALEC with access to NIDs in accrdance with,
but only to the extent required by, the Federal Unbundling Rules. ALEC 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 ALEC NID deployed by
ALEC or, if an entrance module is available in the Verizon NID, by connecting a
ALEC Loop to the Verizon NID. When necessary, Verizon wil rearrange its
facilties to provide accss to an existing Customer's Inside Wire. An entrance
module is available only if facilties are not connected to it.
9.2 In no case shall ALEC accss, 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 ALEC 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 ALEC remove or disconnect ground wires from Verizon's NIDs,
enclosures, or protectors.
9.5 In nO case shall ALEC remove or disconnect NID modules, protectors, or
terminals from Verizon's NID enclosures.
9.6 Maintenance and control of premises Inside Wiring is the responsibilty of the
Customer. Any conflicts between service providers for access to the Customer's
Inside Wiring must be resolved by the person who controls use of the wiring
(e.g., the Customer).
9.7 When ALEC is connecting a ALEC-provided Loop to the Inside Wiring of a
Customer's premises through the Customer's side of the Verizon NID, ALEC
does not need to submit a request to Verizon and Verizon shall not charge ALEC
for access to the Verizon NID. In such instances, ALEC shall comply with the
provisions of Sections 9.2 through 9.7 of this Attchment and shall access the
Customer's Inside Wire in the manner set forth in Section 9.8 of this Attachment.
9.8 Due to the wide variety of NIDs utilzed by Verizon (based on Customer size and
environmental considerations), ALEC 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, ALEC may remove the Inside Wiring
from the Customer's side of the Verizon NID and connect that Inside
Wiring to ALEC's NID.
9.8.2 Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, ALEC may enter the
ALEC 10 comp v3.3 116
Customer side of the Verizon NID enclosure forthe purpose of
removing the Inside Wiring from the terminals of Verizon's NID and
connecting a connectorized or spliced jumper wire from a suitable
"punch out" hole of such NID enclosure to the Inside Wiring within the
space of the Customer side of the Verizon NID. Such connection shall
be electrically insulated and shall not make any contact with the
connection points or terminals within the Customer side of the Verizon
NID.
9.8.3 ALEC may request Verizon to make other rearrangements to the
Inside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting party (Le. ALEC,
its agent, the building owner or the Customer). If ALEC accsses the
Customer's Inside Wiring as described in this Section 9.8.3, time and
materials charges wil be biled to the requesting party (Le. ALEC, 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 facilties
are available, at ALEC's request, Verizon shall provide ALEC with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Verizon shall provide ALEC with such Dedicated Transport
in accrdance with, but only to the extent required by, the Federal Unbundling
Rules. Except as provided in Section 17 below, Verizon wil not install new
electronics, and Verizon wil not build new facilties. For the avoidance of any
doubt, notwithstanding any other provision of this Agreement, Verizon shall not
be required to provide, and ALEC shall not request or obtain, unbundled access
to shared (or common) transport, or any other interoffce transport facilty that
does not meet the definition of Dedicated Transport.
11.2 If and, to the extent that, ALEC has purchased (or purchases) transport from
Verizon under a Verizon Tariff or otherwise, and ALEC 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 specifc circuits in question) that Verizon
reasonably requires to effectuate such Conversion. In the case of any such
conversion, ALEC shall pay any and all conversion charges (e.g., non-recurring
charges), as well as any and all termination liabilties, minimum service period
charges and like charges in accordance with Verizon's applicable Tariffs. If the
transport to be converted comprises a portion of a High Capacity EEL (as defined
in Section 16.2.1 below), the applicable provisions of Section 16 below shall
apply.
12. (This Section Intentionally Left Blank)
13. Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attchment, Verizon shall provide ALEC with accss via electronic
intenaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billng. Verizon shall provide ALEC with such accss in accrdance with,
but only to the extent required by, the Federal Unbundling Rules. All such transactions
ALEC 10 comp v3.3 117
shall be submitted by ALEC through such electonic intenaces.
14. Availabilty of Other Network Elements on an Unbundled Basis
14.1 Any request by ALEC 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 Attchment. ALEC shall provide
Verizon access to its Network Elements as mutually agreed by the Parties or as
required by the Federal Unbundling Rules.
14.2 Notwithstanding anything to the contrary in this Section 14, a Part 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 Part 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 forh herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (reI. Oct. 19, 1992)
1f 259 and n.603 or subsequent orders.
14.3.2 A Network Element Bona Fide Request shall be submitted in wrting
and shall include a technical description of each requested Network
Element.
14.3.3 The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
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 wil offer access to the Network
Element or wil provide a detailed explanation that accss 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 proced with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
Part. When it receives such authorization, the receiving Part 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.
ALEC 10 comp v3.3 118
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 Part shall provide to the requesting Part
a Network Element Bona Fide Request quote which wil include, at a
minimum, a description of each Network Element, the availabilty, the
applicable rates, and the installation intervals.
14.3.8 Within thirty (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.
14.3.9 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 failng 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
If (a) ALEC reports to Verizon a Customer trouble, (b) ALEC 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 ALEC 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 ALEC is not available at the
appointed time. ALEC accpts responsibilty for initial trouble isolation and providing
Verizon with appropriate dispatch information based on its test results. If, as the result of
ALEC instructions, Verizon is erroneously requested to dispatch to a site on Verizon
company premises ("dispatch in"), a charge set forth in the Pricing Attchment wil be
assessed per occurrence to ALEC by Verizon. If as the result of ALEC instructions,
Verizon is erroneously requested to dispatch to a site outside of Verizon company
premises ("dispatch out"), a charge set forth in the Pricing Attchment wil be assessed
per occurrence to ALEC by Verizon. Verizon agrees to respond to ALEC trouble repor
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 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 ALEC, penorm the
functions necessary to commingle Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of the applicable
access Tariff or separate non-251 agreement wil apply to the
Qualifying Wholesale Services, and the rates, terms and conditions of
the Agreement or the Verizon UNE Tariff, as applicable, wil apply to
the Qualifying UNEs; provided, however, that a nonrecurring charge
wil apply for each UNE circuit that is part of a commingled
arrangement, as set forth in the Pricing Attachment. In addition, if any
ALEC 10 comp v3.3 119
'::~. .
'.' ~ . :".
16.2
ALEC ID cop v3.3
commingling requested by ALEC requires Verizon to penorm physical
work that Verizon is required to penorm under the Federal Unbundling
Rules, then Verizon's standard charges for such work shall apply or, in
the absence of a standard charge, a fee calculated using Verizon's
standard time and materials rates shall apply until such time as a
standard charge is established pursuant to the terms set forth in the
Pricing Attachment.
16.1.2 Ratcheting, Le., a pricing mechanism that involves biling a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible for adjustment of charges under such provisions.
Verizon may exclude its penormance in connection with the
provisioning of commingled facilties and services from standard
provisioning intervals and from penormance measures and remedies,
if any, contained in the Agreement or elsewhere.
16.1.3 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 ALEC under the
Agreement and the Federal Unbundling Rules. Nothing contained in
Section 16.1 shall be deemed to limit any right of Verizon under the
Agreement to cease providing a facilty that is or becomes a
Discontinued Facilty.
Service Eligibility Criteria for Certain Combinations and Commingled Facilties
and Services. Subject to the conditions set forth in Sections 1 and 16.1 ofthis
Attachment:
16.2.1 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 accss 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 wit 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 ALEC, 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. ALEC must remain in
compliance with said service eligibilit criteria for so long as ALEC
continues to receive the aforementioned combined or commingled
120
facilties and/or services from Verizon and ALEC shall immediately notify
Verizon at such time as a certifcation ceases to be accurate. The
service eligibility criteria shall be applied to each combined or
commingled DS1 circuit or DS1 equivalent circuit of a High Capacity
EEL. If any combined or commingled DS1 circuit or DS1 equivalent
circuit of a High Capacity EEL is, becomes, or is subsequently
determined to be, noncompliant, the noncompliant High Capacity EEL
circuit wil be treated as described in Section 16.2.2 below. The
foregoing shall apply whether the High Capacity EEL circuits in question
are being provisioned to establish a new circuit or to convert an existing
wholesale service, or any part thereof, to unbundled network elements.
For existing High Capacity EEL circuits, ALEC, 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 ALEC leased from Verizon
as of the Effective Date of this Agreement that ALEC 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.
16.2.2 Without limiting any other right Verizon may have to cease providing
circuits that are or become Discontinued Facilties, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
16.2 and ALEC has not submitted an LSR or ASR, as appropriate, to
Verizon requesting disconnection of the noncompliant facilty and has
not separately secured from Verizon an alternative arrangement to
replace the noncompliant High Capacity EEL circuit, then Verizon, to
the extent it has not already done so prior to execution of this
Agreement, shall reprice the subject High Capacit EEL circuit (or
portion thereofthat had been previously biled 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 ALEC.
16.2.3 Each certification to be provided by ALEC pursuant to Section 16.2.1
above must contain the following information for each DS1 circuit or
DS1 equivalent: (a) the local number assigned to each DS1 circuit or
OS 1 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 facilit 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
OS 1 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.
16.2.4 The charges for conversions are as specified in the Pricing Attchment
and apply for each circuit converted.
ALEC 10 camp v3.3 121
All ASR-driven conversion requests will result in a change in circuit
identification (circuit 10) from access to UNE or UNE to accss. If
such change in circuit 10 requires that the affected circuit(s) be
retagged, then a retag fee per circuit wil apply as specified in the
Pricing Attachment.
All requests for conversions wil be handled in accordance with
Verizon's conversion guidelines. Each request wil be handled as a
project and wil 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 ALEC's compliance in all material respects with the service eligibility
criteria applicable to High Capacity EELs. Any such audit shall be penormed 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 ALEC failed to comply
with the service eligibilty criteria, then (without limiting Verizon's rights under
Section 16.2.2 above) ALEC 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 ALEC's compliance
with the service eligibilty criteria, then ALEC shall provide to the independent
auditor for its verification a statement of ALEC's out-of-pocket costs of complying
with any requests of the independent auditor, and Verizon shall, within thirty (30)
days of the date on which ALEC submits such costs to the auditor, reimburse
ALEC for its out-of-pocket costs verified by the auditor. ALEC shall maintain
records adequate to support its compliance with the service eligibilty criteria for
each DS1 or DS1 equivalent circuit for at least eighteen (18) months after the
service arrangement in question is terminated.
16.2.5
16.2.6
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
ALEC 10 comp v3.3
Verizon shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit accss by ALEC to the Loop, Dedicated Transport, or Dark
Fiber Transport facilties available under the Agreement (including
OS 1 Loops and OS 1 Dedicated Transport, and DS3 Loops and DS3
Dedicated Transport), where the facilty has already been constrcted.
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 undertkes 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 ALEC to light a Dark Fiber Transport facility
122
that it has obtained from Verizon under the Agreement. Verizon shall
not be obligated to provide optronics for the purpose of lighting Dark.
Fiber Transport. Routine network modifications do not include the
construction of a new Loop or new Transport facilties, trenching, the
pullng of cable, the installation of new aerial, buried, or underground
cable for a requesting telecommunications carrier, the placement of
new cable; securing permits or rights-of-way, or constructing and/or
placing new manholes or conduits. Verizon shall not be required to
build any time division multiplexing (TOM) capability into new packet-
based networks or into existing packet-based networks that do not
already have TOM capabilty. Verizon shall not be required to penorm
any routine network modifications to any facilty that is or becomes a
Discontinued Facilty.
17.2 Penormance Plans. Verizon may exclude its penormance in connection with the
provisioning of Loops or Transport (including Dark Fiber Transport) for which
routine network modifications are penormed from standard provisioning intervals
and penormance 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 facilty that this Agreement does not otherwise require
Verizon to provide on an unbundled basis under the Federal Unbundling Rules,
(b) to obligate Verizon to provide on an unbundled basis under the Federal
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facility, or (c) to limit any right of
Verizon under the Agreement, any Veri;zon Tariff or SGAT, or otherwise, to cease
providing a Discontinued Facilty.
18. Rates and Charges
The rates and charges for UNEs, Combinations, Commingling, routine network
modifications, and other services, facilties and arrangements, offered under this
Attchment 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 ALEC 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.
ALEC 10 comp v3.3 123
COLLOCATION AITACHMENT
1. Verizon's Provision of Colloction
Verizon shall provide to ALEC, in accordance with this Agreement, Verizon's applicable
federal and state Tariff and the requirements of Applicable Law, Collocation for the
purpose of faciltating ALEC'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 ALEC only to the extent required by Applicable Law and may decline to
provide Collocation to ALEC to the extent that provision of Colloction is not required by
Applicable Law. Notwithstanding any other provision of this Agreement or a Tarif,
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)
Colloction that, if provided by Verizon, would be used by ALEC 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 accrding to the
following terms and conditions in the State of Idaho on an interim basis only unti such
time as the Commission's decision is reversed and Verizon's Collocation Tari Advice
No. 00-05 is permitted to go into effect or until such time as Verizonfiles 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 Colloction Tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions will be rendered ineffectual, and Verizon
shall provide Colloction to ALEC in accrdance 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 ALEC. Collocation provides for access to Verizon's "premises",
for the purpose of interconnection and/or accss to Unbundled Network Elements
(UNEs). For the purposes of this Attchment, "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.
Colloction at Verizon's Wire Centers and access tandems shall be accmplished
through caged, cageless, virtual or microwave service offerings, as described below,
except if not practical for technical reasons or due to space limitations. In such event,
Verizon shall provide adjacent Collocation or other methods of Collocation, subject to
space availabilty and technical feasibilty. In accordance with, but only to the extent
required by Applicable Law, Verizon shall also offer rates, terms and conditions for
Collocation services that are not expressly addressed in this Attachment or Verizon
Tarif on an individual case basis.
1.1 Types of Colloction.
1.1.1 Single Caged. A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caed floor space to
house its equipment within Verizon premises.
AlEC 10 cop v3.3 124
AlEC 10 comp v3.3
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 accss unbundled network
elements. Verizon wil not issue separate billng for any of the rate
elements associated with the shared.caged Collocation arrangement
between the HC and theGC(s), but Verizon wil provide the HC with
information on the proportionate share of the NRCsfor each CLEC in
the shared arrangement. The HC wil 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 reimburs for all or any
portion of such charges by the guest(s). All terms and conditions for
caed Collocation as descrbed in this Attachment wil apply to shared
caged Colloction 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 accss to UNEs in Verion
premises via the subleasing Collocation arrngement. 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 accss unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Verizon wil not issue separate
biling for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
party(s). The CLEC wil be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
part(s). Each CLEC and third part wil be responsible for ordering
their own unbundled network elements from Verizon. Verion wil
separately bil the CLEC and third party/parties for unbundled netwk
elements ordered. The CLEC and third part(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 reimbursd for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment wil apply to subleased caged Collocation
requirements.
125
1.1.4 Cageless. Cageless Colloction is a form of Collocation in which
CLECs can place their equipment in Verizon premises. A cageless
Colloction arrngement allows a CLEC, using Verizon approved
vendors, to install equipment in single bay increments in an area
designated by Verizon. The equipment location wil be designated by
Verizon and wil vary based on individual Verizon premise
configurations. CLEC equipment will not share the same equipment
bays with Verizon equipment.
1.1.5 Adjacent. An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Verizon propert for Collocation for
the purposes of interconnection and/or access to UNEs in accrdance
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.
ALEC 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. ALEC may not take any
action in establishing an adjacent structure that wil force Verizon to
violate any zoning requirements or any federal, state, or local
regulations, ordinances, or laws.
Any construction by ALEC on Verizon propert must comply with
Verizon's technical specifications as they relate to environmental safety
and grounding requirements. Verizon wil make available power and
physical Collocation services to ALEC in the same non-discriminatory
manner as it provides itself for its own remote equipment buildings
(REBs).
1.1.6 VirtuaL. Under virual Collocation, Verizon installs and maintains ALEC
provided equipment which is dedicated to the exclusive use of the
ALEC in a Collocation arrangement. Additional details on virtual
Collocation are set forth in Section 1.9.
..
1.1.7 Microwave. Physical Colloction of microwave transmission facilties
wil be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Micrave Colloction provides for the interconnection of
ALEC or Verizon prvided facilties, equipment and support strctures
located in, on or above the exterior walls and roof of Verion premises.
Additional details on microwave Collocation are set fort in Section
1.10.
1.2 Ordering.
1.2.1 Application.
1.2.1.1 Point of Contact. ALEC must request Collocation
arrngements through Verizon's designated point of
cotact. Completed applications for Collocation must be
sent directly to Verizon's Collocation Project Manage at the
folloing address: Colloction Projec Manager, Verizon,
125 High Street, Room 1134, Boston, MA 02110;
AlEC 10 cop v3.3 126
ALEC 10 cop v3.3
Facsimile: [phone]; E-Mail at:
collocation.applicationstCverizon.com. Additional
information and requirements regarding Collocation may be
obtained from Verizon's public website at ww.verizon.com.
1.2.1.2 Application Form/Fee. ALEC 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, descrbed in Section 1.5.1,
for each Verizon premise at which Colloction is requested.
The application form wil require ALEC to provide all.
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. ALEC wil provide Verizon with
specifications for any non-standard or special requirements
at the time of application. Verizon reserves the right to
assess the customer any additional charges on an
individual case basis ("ICB") associated with complying with
the requirements. Any such charges shall be noticed to
ALEC.
Verizon wil 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 Availabiltv. Subject to forecasting requirements, Verion will
inform ALEC whether space is available to accmmodate ALEC's
request within eight (8) Business Days after receipt of a completed
application. Verizon's response wUI 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 descrbed in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Verion wil
determine whether space can be made available and wil
notify ALEC within twenty (20) Business Days. At the end
of this period, Verizon wil proceed as described in 1.2.2.10r
1.2.2.2 above.
1.2.3 Collocation Schedule. If space is available, Verizon wil provide to
ALEC a Collocation schedule describing Verizon's abilty to meet the
physical Colloction request within eight (8) Business Days after
recipt of a completed application. ALEC shall have nine (9) Business
Days frm receipt of a Verizon provided Collocation schedule to pay
50% of the NRCs associated with the ordered Colloction services.
If the application is deficient, Verizon wil specify in writing, within eight
(8) Business Days, the information that must be provided by ALEC in
order to complete the application. If AlEC resubmits a revised
appliction curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, ALEC shall retain its
position within the Collocation application queue.
127
AlC 10 comp v3.3
1.2.4 (Intentionally Lef 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 ALEC 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 Colloction 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 ALEC requested in its
original appliction. A complete application and enginering
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 transmision
cables, over what ALEC requested in its original appliction.
The requirements of a minor augment request cannot
exce the capacity of the existing/proposed electical,
power or HVAC system. Requests for additional DSO, OS 1,
and DS3 facilty terminations to access Venzon'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 penorm a service or
function on behalf of ALEC including but not limited to:
installation of virtual equipment cards or softare upgrades,
removal of virtual equipment, requests to pull cable frm
exterior microwave facilties, and requests to terminate 080,
081 and DS3 cables.
Minor augments that do not require a fee are those
augments penormed solely by ALEC, that do not require
Verizon to provide a service or function on behalf of ALEC,
including.but not limited to, requests to install additional
equipmet in ALEC Collocation space. Prior to the
instalatio of the additional equipment, ALEC agee to
provide Verizon an application form with an updated
equipment listing that includes the new equipment to be
installed in ALEC's Collocation arrngement. Onc the
equipment list is submitted to Verizon, ALEC may proced
with the augment. ALEC agrees that changes in equipment
provided by ALEC under this provision will not exceed the
enginering speifications for power and HVAC as
requeste on original application. All augments will be
subj to Verizon inspection, in accrdance with term of
128
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 ALEC Collocation when available space has been
exhausted. Where ALEC 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 ALEC to expand its existing Collocation space. ALEC
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. ALEC requests for relocation of the termination equipment
from one location to a different location within the same Verizon
premise wil be handled on an ICB basis. ALEC 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 ALEC shall work cooperatively in meeting the standard
implementation milestones and deliverables as determined during the
joint planning process. The physical (caged and cageless) Colloction
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 fort for forecasting and capacity. Major construction
obstacles or special ALEC 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 sharingllinesplitting facilities, where line
sharing/splitting already exists within the centrl
offce and where ALEC is eligible for line
sharinglline splitting, or
1.3.1.1.4 28 DS1 terminations, or
1.3.1.1.5 24 DS3 terminations, or
1.3.1.1.6 12 fiber terminations, or
1.3.1.1.7 Conversion of 2 wire voice grade to 4 wire
(minimum 100 - maximum 800), or
ALEC 10 cop v3.3 129
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 precding, 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. ALEC must have 100% of all
cables terminated to the existing crss connects
for the one additional item selected and the in-
serice capacity of that selection must be at
85% utilzation or above unless ALEC can
demonstrate to Verizon that: a) the previous two
months trend in growth would exce 100% of
the available capacity by the end of the fort-five
-(45) Business Day augment interval; or b) other
good cause or causes that ALEC cross connect
capacity may be exceded by the end of the
forty-five (45) Business Day augment interaL.
1.3;1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard implementation milestones wil
apply, in Business Days, unless Verizon and ALEC jointly
decide otherise:
1.3.1.3.1 Day 1-ALEC submits completed application
and associated fee.
1.3.1.3.2 Day 8-Verizon notifes ALEC that request can
be accommodated and advises of due date.
1.3.1.3.3 Day 17-ALEC notifies Verizon of its intent to
procee and submits 50% payment.
1.3.1.3.4 Day 3D-Material ships .and is received at
vendor warehouse; ALEC provided splitters
delivered to vendor warehouse (Line Shaóng
Option C only, and applicable only where ALEC
is eligible for line sharinglline spliting).
1.3.1.3.5 Day 45-Augment (as defined herein)
completes.
1.3.1.3.6 Day 76-Verizon and ALEC attend Collotion
acceptance meeting and Verizon turns over the
Coloction arrangement to ALEC. Day 76 also
applies to completion of other augments not
defined herein.
1.3.1.4 The fort-five (45) Business Day interval is subjec to the
following requirements:
1.3.1.4.1 Infrastructure to support the requested augment
must be in place (e.g., cable racking frm
common area to distrbuting frames, rely racks
ALC 10 comp v3.3 130
AlEC 10 comp v3.3
1.3.2
for splitter shelves, frme capacity for
termination blocks, cable holes, fuse positions at
existing Battery Distribution Fuse Boards
(BDFBs).
1.3.1.4.2 The ALEC must install suffcient equipment to
support requested terminations/facilties.
1.3.1.4.3 In large central offces with complex cable runs
(i.e., multiple floors), the Verizon may request to
negotiate extensions to the fort-five (45)
Business Day intervaL.
1.3.1.5 A preliminary schedule wil be developed outlining major
milestones. ALEC 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 ALEC
misses (day for day). When Verizon becomes aware of the
possibilty of vendor delays, Verizon wil first contact ALEC
to attempt to negotiate a new interval. IfVerizonand ALEC
cannot agree, the dispute wil be submitted to the
Commission for prompt resolution. Verizon and ALEC 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 ALEC to schedule one
escorted visit to ALEC's Collocation space during
construction. The applicable labor rates in the Pricing
Attchment wil be applie for the escorted visit. In the ca
of extended intervals reultng fr within Verizon's cotrl or
reultng from vendor delys, and provided the nessry
seri is in place, Verion will permit ALEC acss to the
Colloctin arrngment to instll equipment while th delayed
work is coplte, so long as it is sae to do so and ALEC's
work doe not impair or intenre wit Verion in complting
Verion's wo. Prior to ALEC beinning the installatin of it
equipment, ALEC must sign a conditional acptnc of th
Collotion arrngement. If ALEC ele to accpt th space
prr to the schedule completion, ocpancy fee shall
commence upon signing a conditional acptance of the space
by ALEC.
1.3.1.6 Intervals for non-standard arrngements, including adjacent
Collocation, shall be mutually agreed upon by ALEC and
Verizon.
1.3.1.7 Verizon wil inform the Commission as soon as it knows it
wil require raw space conversion to fulfill a request based
on an application or forecast Raw space conversion
timeframes are negotiated on an individual case basis
based on negotiations with the site preparation vendor(s).
Verizon wil use its best efforts to minimize the additional
time required to condition Collocation space, and wil infor
ALEC of the time estimates as soon as possible.
Forecasting and Use of Data.
131
AlEC 10 comp v3.3
1.3.3
1.3;2.1 Veron wiN request forecasts from ALEC on a semi-annual
basis, with each forecast covering a two-year period. ALEC
wiD be reuired to update the near-term (6-month)
forecated application dates. Information requested wil
include central offce, month applications are expected to be
sent, requesed in-service month, preference for virtual or
physical (cage or cageless) Collocation, square footage
reuire (physical), high-level list of equipment to be
inslle (virtual), and anticipated splitter arrangements
.where ALEC is eligible for line sharinglline splitting. For
augments, ALEC.may elect to substitute alternative. CLLI
coes within a LATA for the forecasted demand.
If Veron has a wrtten guarantee of reimbursment, it will
examine for for offs in whic it is necry to
. coitn space, and discuss these forest with ALEC to
deteine th required spa to be conditine. If VerÎn
. commit to coiton space based on forec and if ALEC is
asne spce, ALEC will give Verion a non-refundabl
depo equal to the application fee. Verion will pe initl
reviews of requested centrl offce forested for th next six
monts to identif poential prle sit. Veron will consier
.., forecst in staffng decisions. Verion wHI enter int plnnin
discssions wih ALEC to validate forest, disss flexlitin pol trubl areas, and assist in appica prtion.
.1.3.2.2 Unforecastec demand (including augments) wil be given a
lessr priority than forecasted demand. Venzon wil make
every attempt to meet standard intervals for unforecsted
requests. However, if unanticipated requests push demand
. beyond Verizon's capacity limits, Verizon wil negotiate
longer intervals as required (and within reason). In general,
. if forecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: Interval Start Date commences two
(2) months after application receipt date.
1.3.2.2.2 Forecast received one (1) month or less pnor to
application receipt date: Interval Start Date
commences two (2) months after application
receipt date.
1.3.2.2.3 Forecast recived 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 Forest received two (2) months or more prir
to application receipt date: Interval Start Date
commences on the application recipt date.
Any such interval adjustments will be discussed with ALEC
at the time the application is recived.
..
Collocation Capacitv.
132
1.3.3.1 Verizon's estimate of its present capacity (Le., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffng and
current vendor arrangements. If the forecsts indicate
spikes in demand, Verizon wil attempt to smooth the
demand via negotiations with the forecsting CLECs. If
Verizon and ALEC fail to agree to smooth demand, Verizon
wil determine if additional expenditures would be required
to satisfy the spikes in demand and will work with the
Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recover
options.
1.3.3.2 If Verizon augments its workforce based on ALEC forecasts
and if ALEC refuses to smooth demand as described in
Section 1.3.3.1, ALEC wil be held accountable for the
accuracy of their forecasts.
1.3.4 Vendor Capacity. Verizon wil continuously seek to improve vendor
penormance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Verizon
wil share ALEC actual and forecasted demand with appropriate
vendors, as required, subjec to the appropriate confidentiality
safeguards.
1.3.5 Responsibilty for Vendor Delays. No part shall be excuse from their
obligations due to the act or omissions of a Party's subcontractor,
material, person, suppliers or other third persons providing such
product or services to such Part unless such acts or omissions are
the product of a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to penor.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, ALEC may
construct the cage with a standard enclosure if they are a
Verizon approved contractor or ALEC may subcntract this
work to a Verizon approved contractor.
1.3.6.2 Site Selection/Power. Verizon shall designate the space
within its premise where ALEC shall collocte its equipment.
Verizon will assign Collocation space to ALEC in a just,
reasonable, and nondiscriminatory manner. Verizon wil
allow ALEC requesting caged or cageless Coloction to
submit space preferences on the Application Form prir to
assigning caged and cageless Collocation space to ALEC.
Verion wil assign cage and cageless space in
acrdance with the.following standards: (1) ALEC's
Collocation costs cannot be materially increased by the
assignment; (2) ALEC'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 limittions on the service ALEC wishes to
offer; and (4) The assignment cannot reduce unreasonably
ALEC 10 comp v3.3 133
the total space available for caged and cageless
Colloction, or preclude unreasonably, caged and cageless
Colloction within Verizon's premises.
Verizon may assign caged and cageless Colloction 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 it 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 frm space
housing Verizon's equipment; (3) The separated space will
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost of the
separated space to ALEC 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 describe in Secion 1.5.1,
48V DC power with generator and/or battery back-up, heat,
air conditioning and other environmental support to ALEC's
equipment in the same standards and parameters require
for Verizon equipment within that Verizon premise. ALEC
may install AC convenience outlets and overhead lighting if
ALEC 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 ALEC in its
Collocation application. The ALEC wil speify the load on
each feed and the size of the fuse to be placed on each
feed. ALEC must order a minimum of ten (10) load amps
for each caged, cageless, and virtual Collocation
arrangement. ALEC 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 ALEC orders a total of 40 load amps of DC
power and an A and B feed, ALEC could order 20 load
amps on the A feed and 20 load amps on the B feed.
Verizon wil permit ALEC to order a fuse size up to 2.5 times
the load amps ordered provided that applicable law peits
this practce. Thus, ALEC could order that each feed be
fused at 50 amps if ALEC wants one feed to carr the entire
load in the event the other feed fails. Accrdingly, ALEC 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 ALEC is responsible for engineering the power consumpton
in its Colloction arrangements and therefore must conside
any special circumstances in determining the fused capacity
of each fee. Verizon wil enginer the power feeds to the
ALEC 10 comp v3.3 134
Collocation arrngement in accrdance with industr
standards based upon requirements ordered by ALEC 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 penorm random inspections to
verify the actual power load being drawn by a Colloction
arrangement. At any time, without written notice, Verizon
may measure the DC power drawn at an arrangement by .
monitoring Verizon's power distribution point. In those
instances where Verizon needs access to the Collocation
arrangement to make these measurements, Verizon wil
schedule a joint meeting with ALEC.
1.3.6.6 If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action wil apply.
1.3.6.7 If the inspection reveals that the power being drawn
exceeds the total number of load amps ordered but is within
the applicable buffer zone, as defined in Section 1.3.6.7.2,
that arrangement is subject to the following treatment:
1.3.6.7.1 Verizon wil provide ALEC with wrtten
notification, by certified US mail to the person
designated by ALEC to receive such notice, that
more power is being drawn than was ordered.
Within ten (10) Business Days of the date of
recipt of notification, ALEC must reduce th
power being drawn to match its ordered load or
revise its power requirement to accmmodate
the additional power being drawn. Verizon will
accpt a certification signed by a representative
of ALEC that power consumption has ben
reduce to match the ordered load. Failure to
reduce the power being drawn or submit a
revise application within ten (10) Business
Days will result in an increase in the amount of
power being biled 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 wil be 120% of load, as long as
the secnd violation is not for the sàme
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 arrngement
has more than 100 amps fuse, the buffer zone
wil be 110% of load.
1.3.6.8 If the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
ALEC 10 c:p v3.3 135
1.3.6.8.1 Verizon wil notify the person designated by
ALEC to receive such notice via telephone or e-
mail that Verizon wil take a second
measurement no sooner than one (1) hour and
no later than two (2) days after the initial
inspection. Verizon will not wait for ALEC 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 penorming this inspection.
1.3.6.8.3 ALEC may penorm its own inspection at ALEC's
cage. ALEC is not required to wait for Verizon
or require it to be present during ALEC test.
Upon request of ALEC, Verizon wil send a
representative to accmpany ALEC to conduct a
joint inspection at ALEC cage at no charge to
ALEC. Nothing herein shall be construed to
prohibit ALEC from testing at its own cage.
ALEC 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 ALEC's measurements differ from
Verizon's.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Verizon wil provide ALEC with
written notification, within ten (10) Business
Days, by certified U.S. mail to the persn
designated by ALEC to receive such notice that
it has exceded its ordered power. The
notifcation wil include: (1) initials or identifying
number of Verizon technician(s) who peoormed
the inspection; (2) dates and timès 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 bille; (6) how the test was
done; and (7) any other relevant information or
documents.
1.3.6.8.5 Verizon wil maintain a file of results taken of any
inspections for two (2) years and such file will be
made available to ALEC 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 wrien consent of the affeced
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
descrbed in Section 1.3.6.8.6.
AlEC 10 comp v3.3 136
1.3.6.8.6 If ALEC disagrees with the results 'of the audit,
ALEC wil first notif Verizon. Verizon and ALEC
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 thirty (30)
calendar days have elapsed. This period
commences: (1) ten (10) Business Days from
receipt of the notification, in the case of violation
within the buffer zone; or (2) after ALEC has
received notice of the second test, in the case of
a violation over the buffer zone.
1.3.6.8.7 With the notification required by Section
1.3.6.8.4, Verizon wil also notify ALEC that it
must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocation arrangements in the state. ALEC
must submit this non-scheduled attestation
within fifteen (15) Business Days ofthedate of
this notification. Failure to submit this non-
sceduled attestation wil result in the
application of additional labor charges for any
subsequent DC power inspections Verizon
penorms 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 applicble buffer zone set forth in Section
1.3.6.7.2, then ALEC 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, ALEC wil
be biled the audited load amount for four (4)
months. ALEC wil make a separate and
additional payment to.the Charity, measured as
the difference between the biling of the fused
capacity and the billing at the audited load for
four (4) months. ALEC 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, ALEC wil
be biled the audited load amount for five (5)
months. ALEC wil make a separate and
additional payment to the Charity, measured as
the difference between the biling of the fused
capacity and the biling at the audited load for
five (5) months. ALEC must send notice of its
ALC 10 comp v3.3 137
Charity payment to Verizon within ten (10)
calendar days of making the payment.
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, ALEC wil
be biled the audited load amount for six (6)
months. ALEC 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 six
(6) months. ALEC must send notice of its
Charity payment to Verizon within ten (10)
calendar days of making the payment.
1.3.6.9.4 For more than three (3) violations within the
same consecutive twelve (12) month period,
Verizon wil bil ALEC 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 recived.
1.3.6.9.5 Verizon will notify ALEC that it is being billed
pursuant to this Section 1.3.6.9, designating the
applicable number of months and also
calculating the payment owed to the Charity,
under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the ábove payments wil be self-
executing.
1.3.6.10 If ALEC has requested a power augment under which the
audited amount would be within the augmented load, plus
the applicable buffer zone set forth in Section 1.3.6.7.2, and
the augment is late due to the fault of Verizon, the
payments specified in Section 1.3.6.9 will not be imposed
and the parties wil not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, ALEC must submit a written statement signed by
a responsible offcer of ALEC, 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 ALEC's completed Collocation
arrangements provided by Verizon in the state. If ALEC
fails to submit this written statement by the last day in June,
Verion wil notify ALEC 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 wil 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 recives
the required written statement by ALEC.
1.3.6.12 Whenever Verizon is required to penor work on a
Collocation arrangement as a result of ALEC's order for a
AlEC 10 cop v3.3 138
AlEC 10 camp v3.3
reduction in power requirements (e.g., change in fuse size),
Verizon wil assess a non-recurring charge for the additional
labor. The non-recurring charge applies for the first half
hour (or fraction thereof) and for each additional half hour
(or fraction thereof) per technician, per occurrence as
shown in the Pricing Attchment.
1.3.6.13 If ALEC orders a change in the power configuration
requiring new -48 volt DC power feeds to the Colloction
arrangement, Verizon wil require an engineering/major
augment Fee with an application, as set forth in the Pricing
Attachment, subject to the terms and conditions described
in Section 1.2.5. In addition, if ALEC'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 Attchment applies.
Verizon wil work cooperatively with ALEC to configure the
new power distribution cables and disconnect the old ones.
1.3.7 Equipment and Facilties.
1.3.7.1 Purchase of Equipment. ALEC wil be responsible for
supply, purchase, delivery, installation and maintenance of
its equipment and equipment bay(s) in the Collocation area.
Verizon is not responsible for the design, engineering, or
penormance of ALEC's equipment and provided facilites for
Collocation. Upon installation of all transmission and power
cables for Collocation services, ALEC relinquishes all rights,
title and ownership of transmission (excluding fiber entrance
facilty 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 accss to unbundled network elements in
accrdance with the following standards: (1) Equipment is
necessary for interconnection if an inabilty to deploy that
equipment would, as a practical, economic, or opeational
matter, preclude ALEC from obtaining interconnecion with
Verizon at a level equal in quality to that which Verizon
obtains within its own network or Verizon provides to any of
its affliates, subsidiaries, or other parties; and (2)
Equipment is necessary for access to an unbundled
network element if an inabilty to deploy that equipment
would, as a practical, economic, or operational matter,
preclude ALEC from obtaining nondiscriminatory accss to
that unbundled network element, including any of its
features, functions, or capabilities.
Multi-functional equipment shall be deemed necessry for
interconnection or access to an unbundled network element
if and only if the primary purpose and function of the
equipment, as ALEC seeks to deploy it, meets either or both
of the standards set forth in the preceding paragraph. For a
piece of equipment to be utilzed 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 funcions the
139
equipment would penorm and the telecommunication
services ALEC seeks to provide to its customers by means
of the interconnection or unbundled network element. The
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Verizon's
propert.
Whenever Verizon objects to Collocation of equipment by
ALEC for purpses 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 accss to
unbundled network elements under the standards set forth
above.
ALEC may place in its caged Collocation space ancilary
equipment such as cross connect frames, and metal
storage cabinets. Metal storage cabinets must meet
Verizon premise environmental standards.
1.3.7.3 Specifications. Colloction facilties shall be placed,
maintained, relocated or removed in accance with the
applicable requirements and specifications of the current
editions of the National Elecical Cod~ (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
ALEC entrance facilities and splices must comply with
Telecordia Technologies' Genenc Specification for Optical
Fiber and Opticàl Fiber Cable (TR-TSY-00020), Cable
Placing Handbook, Cable Splicing Handbok, Cable
Maintenance Handbook, and General Information Toos and
Safety, as they relate to fire, safety, health, environmental
safeguards or intenerence with Verizon services or facilities.
ALEC designated and installed equipment locted within
Verizon premises must comply with the most recnt iss..,
unless otherwise specified, of Telecordia Technologies'
Network Equipment Building System (NEBS) Generic
Equipment Requirements (GR-CORE-63) as it pertins to
safety requirements. This equipment must also comply with
the most current issue, unless otherwise speified, of
Verizon's Network Equipment Installation Standards
(Verizon Information Publication IP 72201) and Venzon's
Central Office Engineering Standards (Verizon Inforation
Publiction IP 72013). Where a differenc in speifition
may exist, the more stringent shall apply. If there is a
conflict betwen industry standards and Verizon's technical
specifcations, ALEC and Verizon wil make a good faith
effort to resolve the diference. ALEC designated facilities
shall not physically, electronically or inductively intenere
with the facilties of Verizon, other CLEC(s), tenant(s) or any
other part. If such intenerenc occurs, Verizon may take
action as permited under Section 1.8.
AlEC 10 comp v3.3 140
ALEC 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
requirements RNSA-NEB-95-0003, Revision 10 or higher.
ALEC equipment is not required to meet the same
penormance and reliability standards as Verizon imposes
on its own equipment as defined in Verizon's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, ALEC 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 ALEC written material which wil
specify and éxplain the required construction.
1.3.7.4 Cable. ALEC 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
intenerence. ALEC is responsible for providing fire
retardant riser cable that meets Verizon standards. Verizon
is responsible for placing ALEC's fire retardant riser cable
from the cable vault to the Collocation space. Verizon is
responsible for installng ALEC 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 ALEC provides its own fiber optic facility, then
ALEC shall be responsible for bringing its fiber optic cable
to the Verizon premise manhole. ALEC must leave
sufficient cable length for Verizon to be able to fully extend
such cable through to ALEC's Colloction 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. ALEC wil not be permitted to splice
fiber optic cable in the first manhole outside of the Verizon
premise. Where ALEC 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 ALEC's Colloction space. Verizon is
responsible for installng a cable splice, if necessary, where
ALEC 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 ALEC's facilties and Verizon's
facilties wil be designated by Verizon. This point(s) wil be
a direc connection(s) to ALEC's network. Verizon shall
have the right to require ALEC to terminate Collocation
ALEC 10 camp v3.3 141
facilties onto a Point of Termination (POT) Bay. ALEC
must tag all entrance facilties to indicate ownership. ALEC
wil not be allowed access to Verizon's DSX line-ups, MDF
or any other Verizon facility termination points. Only
Verizon employees, agents or contractors wil be allowed
accss 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, ALEC 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
ALEC's equipment installation work in the Collocation
space. ALEC is responsible for protecting Verizon's
equipmentVerizon premise walls and flooring within the
staging area and along the staging route. ALEC wil meet
all Verizon fire, safety, security and environmental
requirements. The temporary staging area wil be vacted
and delivered to Verizon in an acceptable condition upon
completion of the installation work. ALEC may also utilze a
staging trailer, which can be located on the exterior
premises of Verizon premise. Verizon may assess ALEC a
market value lease rate for the area occupied by the trailer.
1.3.7.8 Testing. Upon installation of ALEC's equipment, and with
prior notice, Verizon and ALEC wil mutually agree to
schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality betwee ALEC's
equipment and the connecions to Verizon equipment. The
time period for this to occur wil correspond to Verizon's
maintenance window installation requirements. It is solely
the responsibilty of ALEC to provide their own monitor and
test points, if required, for connecion directly to it terminal
equipment. If ALEC cannot attend the scheduled turn-up
phase meeting for any reason, ALEC must provide Verizon
with seventy-two (72) hours advanced wrien notice prior to
the scheduled meeting. If ALEC fails to attend the
scheduled meeting without the advance written
notification, Verizon reserVes the right to charge ALEC
additional labor rates set forth in the Pricing Attachment for
subsequent turn-up meetings with ALEC which are required
to complete the turn-up phase of the Collocation
arrangement.
1.3.7.9 Interconnection Between Collocted Spaces. Dedicated
Transit Serice (DTS), which allows for interconnecion
between ALEC and another CLEC, provides a dedicated
electrical or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two diferent
CLECs within the same Verizon premises, using Verion
provided distribution facilties. DTS is available for DSO,
DS1, DS3, and dark fiber cross connects. In addition,
Verizon wil also provide other technically feasible cross-
conection arrangements, including lit fiber, on an Individual
Case Basis (ICB) as requested by ALEC and agreed to by
ALEC 10 comp v3.3 142
Verizon. Verizon wil offer DTS to ALEC as long as such
accss is technically feasible.
DTS is only available whn both Collotio arrngements
(eiter cage, cageless, and/or virtual) being intercnneed are
within the same Verizon premise, prvided that the colloted
equipment is use for intercnneion wit Verion andor for
acc to the Verion's unbundled network element. Verion
shall prvide such DTS conneions frm ALEC's Collotin
arrngment to another Colloction arrngement of ALEC
within the same Verizon premises, or to a Collocon
arrngement of another CLEC in the same Verizon premises.
DTS is provided at the same trnsmission level fr ALEC to
another CLEC.
The DTS arrngement require ALEC to provide cable
assignment informtion for it as~H as fo the oth CLEC.
Verzon will not make cable assignment for DTS. ALEC is
responsible for all DTS ordering, bil payment, disconect
orders and maintenance transactions and is the customer of
. record. When initiating a DTS reuest, ALEC must submit an
Acc Servic Request (ASR) and a letter of agncy frm the
CLEC it is connecting to that authorzes the DTS conneon
and facilit assignment. DTS is provided on a neotiated
interval wi ALEC.
1.3.7.10 Optical Facility Terminations. If ALEC requests accss to
unbundled dark fiber interoffce facilties, ALEC may apply
for a fiber optic patchcord connection(s) between Verizon's
fiber distribution panel (FOP) and ALEC's collocated .
transmission equipment and facilties. The fiber optic
patchcord cross connect is limited in use solely in
conjunction with accss 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 ALEC's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Atthment,
ALEC wil be responsible for the costs associated with the
removal of equipment or modification of the equipment or
engineering and installation to render it compliant. If ALEC
fails to correct any non-cmpliance with these standards
within thirt (30) days' written notice to ALEC, Verizon may
have the equipment removed or the condition correced at
ALEC expense. If, during the installation phase, Verizon
reasonably determines that any ALEC 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 satisfacion.
However, when any of the above conditions poses an
immediate threat to the safety of Verizon employees,
inteneres with the penormance of Verizon's service
obligations, or poses an immediate threat to the physicai
integrity of the overhead superstructure or any other
AlEC 10 cap v3.3 143
faciliti of Verizon, Verizon may penorm such work and/or
take such action that Verizon deems necessary without
pror notce to ALEC. The reasonable cost of said work
and/or actions shall be borne by ALEC. Verizon reserves
the right to remove products, facilties and equipment from
its list of approved products upon ninety (90) days' notice to
ALEC if such products, facilities and equipment are
determined to be no longer compliant with NEBS safety
standards. If ALEC equipment poses an immediate safety
threat, ALEC shall remove the equipment immediately.
1.3.8 Access to Collocation Space. Verizon wil permit ALEC's employees,
agents, and contractors approved by Verizon to have direct access to
ALEC's caged and cageless Collocation equipment twenty-four (24)
hours a day, seven (7) days a week and reasonable access to
Verizon's restroom and parking facilties. ALEC'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 ALEC, to accss ALEC's
collocated partitioned space to penorm periodic inspections to ensure
compliance with Verizon installation, safety and security practices.
Where ALEC shares a common entrnce to the Verizon premise with
Verizon, the reasonable use of shared building facilties, e.g.,
elevators, unrestricted corridors, etc., wil be permitted. However,
Verizon reserves the riht to permanently remove and/or deny accss
frm Verizon premises, any ALEC 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. ALEC shall be responsible
for: (a) any damage or network outage occurrng as a result of ALEC
owned or ALEC designated termination equipment in Verizon prmise;
(b) providing trouble repárt status when requested; (c) providing a
contact number that is readily accssible twenty-four (24) hours a day,
seven (7) days a wek; (d) notifying Verizon of significant outages
which could impact or degrade Verizon's switches and service 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 ALEC service.
Verizon wil make every effort to contact ALEC in the event ALEC
equipment disrupts the network. If Verizon is unable to make contact
with ALEC, Verizon shall temporarily disconnect ALEC's service, as
provided in Section 1.3.11.
Security Requirements.1.3.10
1.3.10.1 Security Measures. ALEC 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 persnnel
and vendors. Verizon reserves the right to make changes
to such procures and rules to preserve th~ integrity and
operation of Verizon's network or facilities or to comply with
applicable laws and regulations. Verizon wil provide ALEC
with wren notice of such changes. Where applicable,
Verizon wil provid information to ALEC on the spefic
AlEC 10 cop v3.3 144
type of securit training required so ALEC's employees can
complete such training.
ALEC wil maintain with Verizon a list of all ALEC
employees who are currently authorized by ALEC to access
its caged and cageless Collocation space and will include
social security numbers of all such individuals. ALEC wil
also maintain with Verizon a list of its collocated-approved
vendors and their social securi numbers who request
accss 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 wil be granted access. All ALEC personnel must
obtain and prominently display a valid non-employee
Verizon identification card. Former employees .01 Verizon
wil be given access to Verizon premises by ALEC in
accrdance with the Verizon's normal security procures
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 ALEC
employee or agent found in violations of the terms and
conditions set forth herein.
ALEC must follow Verizon's securit guidelines, which are
published on Verizon's web site. Verizon may suspend a
ALEC employee or agent from Verizon's premises if his/her
actions materially affec the safety and/or integrity of
Verizon's network or the safety of Verizon or other ALEC
employees/agents. Unless ALEC employee or agent poses
an immeiate threat to Verizon or other CLECs, Verizon wil
provide ALEC with a written explanation of violations
committed by the ALEC employee or agent four (4)
Business Days prior to suspending ALEC employee or
agent from Verizon premises. ALEC 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 ALEC 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 accss to
Verizon buildings and/or outside facilit structures for any
ALEC employee, agent or contractor who cannot meet
Verizon's established security standards. Employees,
agents or contractors of ALEC 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 oútside facilty structures for
ALEC's employee, agent and contractor for falsifcation of
records, violation of fire, safety or security practices and
AlEC 10 comp v3.3 145
policies or other just cause. ALEC employees, agents or
contractors who meet Verizon's established security
standards will be provided access to ALEC's caged and
cageless Collocation equipment 24 hours a day, seven days
a week and reasonable access to Verizon's restroom
facilites. If ALEC employees, agents or contractors request
and are granted access to other areas of Verizon's
premises, a Verizon employee, agent or contractor may
accmpany and observe ALEC employee(s), agent(s) or
contrctor(s) at no cost to ALEC. 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 ALEC employees and contractors to
use a central or separate entrance to Verizon's premises,
provided, however, that where Verizon requires that ALEC
employees or contractors access collocted equipment only
through a separate entrance, employees and contractors of
Verizon's affliates and subsidiaries wil be subjec to the
same restriction.
Verizon may construct or require the construction of a
separate entrance to accss 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; (ii) Construction of a separate
entrnce wil not artificially delay Colloction provisioning;
and (iv) Construction of a separate entrance wil not
materially increase ALEC's Collocation costs.
1.3.10.3 Accss Cards/Identification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for ALEC for each Verizon premise for the
purpose of installation, maintenance and repair of ALEC's
caged and cageless Collocation equipment. All ALEC
employees, agents and contrctors requesting accss to
the Verizon premise are required to have a photo
identification card, which identifies the person by name and
the name of ALEC. The 10 must be worn on the individual's
exterior clothing while on or at Verizon premises. Verizon
wil provide ALEC with instrctions and necssary accss
cards or keys to obtain accss to Verizon premises. ALEC
is required to immediately notify Verizon by the most
expeditious means, when any ALEC's employee, agent or
contrctor with accss privileges to Verizon premises is no
longer in its employ, or when keys, accs cards or other
means of obtaining accss to Verizon premises are lost,
stolen or not returned by an employee, agent or contractor
AlEC 10 comp v3.3 146
no longer in its employ. ALEC is responsible for the
immediate retrieval and return to Verizon of all keys, accss
cards or other means of obtaining access to Verizon
premises upon termination of employment of ALEC's
employee and/or termination of service. ALEC shall be
responsible for the replacement cost of keys, accss cards
or other means of obtaining accss when lost, stolen or
faHure of ALEC or ALEC's employee, agent or contractor to
return to Verizon.
Emergency Access. ALEC is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week.
ALEC wil provide accss 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 OSHA/erizon regulations and standards related to fire, safety,
health and environment safeguards. Verizon wil attempt to notify
ALEC in advance of any such emergency access. If advance
notification is not possible Verizon wil provide notification of any such
entry to ALEC as soon as possible following the entry, indicating the
reasons for the entry and any actions taken which might impact
ALEC's facilities or equipment and its abilty to provide service.
Verizon wil restrict access to ALEC's Collocation space to persons
necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection serice 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 activties.
Verizon reserves the right, without prior notice, to accss ALEC's
Colloction space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm impo by
ALEC or ALEC's equipment upon the operation of Verion's or another
CLEC's equipment, facilties and/or employees located outside ALEC's
Collocation space. Verizon wil notify ALEC as soon as possible when
such an event has occurr. In case of a Verizon work stoppage,
ALEC's employees, contractors or agents wil comply with the
emergency operation procedures established by Verizon. Such
emergency procedures should not directly affect ALEC's access to its
premises, or abilty to provide service. ALEC wil notify Verizon point
of contact of any work stoppages by ALEC employees.
1.4 Space Reguirements.
1.3.11
1.4.1
AlEC 10 co v3.3
Space Availabilty. If Verizon is unable to accommodate caged and
cageless Collocation requests at a Verizon premise due to spac
limitations or other technical reasons, Verizon will post a list of all such
sites on its website and wil update the list within ten (10) calendar
days of the date at which a Venzon premise runs out of caged and
cageless Collocation space. This information wil be listed at the
following public Internet URL: http://ww.verizon.comlregulatory.
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
147
ALEC 10 comp v3.3
1.4.2
1.4.3
1.4.4
been reserved and the length of time for each reservation; and (b)
allow ALEC to tour the entire premises of the Verizon premise, without
charge, within ten (10) calendar days ofthe tour request.
Minimum/Maximum/Additional Space. The standard sizes of caged
Colloction space wil be increments of 100 square feet unless
mutually agreed to otherwise by Verizon and ALEC. The minimum
amount of floor space available to ALEC at the time of the initial
application wil be twenty-five (25) square feet of caged Collocation
space or one (1) single bay in the case of cageless Collocation. The
maximum amount of space available in a specific Verizon premise to
ALEC 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 AC/DC power, heat and
air conditioning, battery and/or generator back-up power and other
requirements necessary for provisioning Collocation.services.
Additional space to provide for caged, cageless and/or adjacent
Collocation will be provided on a per request basis, where available.
Additional space can be requested by ALEC by completing and
submittng a new application form and the applicable non-refundable
engineering fee set forth in the Pricing Attchment. Verizon wil not be
required to lease additional space when available space has been
exhausted.
Use of Space. Verizon and ALEC wil work cooperatively to determine
proper space requirements, and effcient use of space. In addition to
other applicable requirements set forth in this Agreement, ALEC shall
install all its equipment within its designated area in contiguous line-
ups in order to optimize the utilzation of space within Verizon's
premises. ALEC shall use the Collocation space solely for the
purposes of installng, maintaining and operating ALEC's equipment to
intercnnect for the exchange of traffc with Verizon and/or for
purposes of accssing UNEs. ALEC shall not construct improvements
or make alterations or repairs to the Collocation space without the
prior wrtten approval of Verizon. The Collocation space may not be
used for administrative purposes and may not be used as ALEC's
employee(s) work location, offce or retail space, or storage. The
Collocation space shall not be used as ALEC's mailng or shipping
address.
Reservation of Space. Verizon reserves the right to manage its
Verizon premise conduit requirements and to reserve vacant space for
planned facilty. Verizon will retain and resere a limited amount of
vacant floor space within its Verizon premises for its own specific
future uses on terms no more favorable than applicale to other
CLECs seeking to reserve Colloction space for their own future use.
If the remaining vacant floor space within a Verizon premise is
resered for Verizon's own specifc future use, the Verizon premise wil
be exempt from future caged and cageless Collocation requests.
ALEC shall not be permitted to reserve Verizon premise cable space
or conduit system. If new conduit is required, Verizon wil negotiate
with ALEC to determine an alternative arrangement for the specific
location. ALEC wil be allowed to reserve Collotion space for its
caged/cageless arrangements based on ALECs documented.forecst
provided Verizon and subject to spac availabilty. Such forecast must
148
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 ALEC equipment.
1.4.5 Collocation Space Report. Upon request by ALEC and upon ALEC
signing a Collocation nondisclosure agreement, Verizon wil make
available a Collocation space report with the following information for
the Verizon premise requested:
1.4.5.1 Detailed description and amount of caged and cageless
Collocation space available;
1.4.5.2 Number of. telecommunications carrers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Verizon premise in order to
determine Collocation space availabilty for the Verizon premise. The
Collocation space report will be provided to ALECwithin 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 requestånd
per Verizon premise.
1.4.6 Reclamation. When initiating an application form, ALEC must have
started installng equipment approved for Collocation at Verizon
premise within a reasonable period of time, not to exceed sixt (60)
calendar days frm the date ALEC accpts the Collocation
arrangement. If ALEC 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 accmmodate another
CLEC's request or Verizon's future space requirements. Verizon shall
have the right, for good cause shown, and upon sixt (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 servces to its Customers. In
such cases, Verizon wil reimburse ALEC for reasonable direc 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. ALEC may seek Commission relief frm
reclamation within ten (10) Business Days of being notified.
1.5 Pricing.
AlEC 10 cop v3.3
1.5.1 Rate Sheet. The rates for Verizon's Colloction servics provided
pursuant to this Agreement are set forth in the Pricing Attchment only
to the extent that there are no corresponding rates in an applicble
Verizon Collocation Tariff that has been filed with the Commission and
become effective. If there is a Verizon Collocation Tarif th has been
149
filed with the Commission and become effective, the rates in such
Tariff shall apply and the rates set forth in the Pricing Attchment shall
not apply.
1.5.2 Subsequent to the execution of this Agreement, Verizon also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shall supersde and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attchment 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 Billng and Payment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges wil be biled to ALEC
when Verizon provides ALEC access to the caged, cage less 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 liabilty obligations set
forth in this Agreement, each part 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 Attchment 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
ALEC 10 cop v3.3
No liabilty shall attch 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 wilful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by ALEC or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Verizon's liabilty, 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 porion of service used in connection with the services
herein.
Verizon is not liable for damages to ALEC premises resulting from the
fumishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Verizon's gross negligence or wilful misconduct.
150
ALEC 10 cop v3.3
1.6.4 Verizon shall be indemnified, defended and held harmless by ALEC
and/or its end user against any claim, loss or damage arising from the
use of services offered under this Attachment, involving:
1.6.4.1 All claims, including but not limited to injuries to persons or
propert from voltages or currents, arising out of any act or
omission of ALEC or its end user in connection with facilties
provided by Verizon, ALEC, or the end user; or
1.6.4.2 Verizon shall not be liable to ALEC or its customers in
connection with the provision or use of the services
provided under this Attachment for indirect, incidental,
consequential, reliance or special damages, including
(without limitation) damages for lost profits, regardless of
the form of action, whether in contract, indemnit, warranty,
strict liabilty, or tort, including (without limitation) negligence
of any kind, even if Verizon has been advised of the
possibilty of such loss or damage.
Verizon does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Verizon shall be
indemnifed, defended and held harmless by ALEC frm any and all
claims by any person relating to ALEC's use of services so provided.
1.6.5
1.6.6
1.6.7
1.6.8
1.6.9
1.6.10
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 Attchment.
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 ALEC facilties, 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 ALEC or ALEC end
user, or due to the failure of equipment, facilities, or services provided
by ALEC or its end user.
Neither party shall be liable to the other or to any third part for any
physical damage to each other's facilities or equipment within the
central offce, unless caused by the gross negligence or wilful
misconduct of the part's agents or employees.
ALEC 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 ALEC or by any other part or person for damages to
propert and injury or death to persons, including payments made
under any workets 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 ALEC's equipment or falities or by their
proximity to the equipment or facilties or all parties ocupying space
within or on the exterior of Verion's cetral offce(s), or by any act or
151
~..
ALEC 10 comp v3.3
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. Thee
provisions shall survive the termination, cancellation, modification or
rescission of the Agreement for at least 18 months from the date of the
termination.
Verizon shall indemnify, defend and save harmless ALEC from and
against any and all losses, claims, demands, causes of action and
costs, including attorneys' fees, whether suffered, made, instituted or
asserted by Verizon or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for employees'
disability and death benefits, which may arise out of or be caused by
Verizon's provision of service within or on the exterior of the central
offce of by an act or omission of ALEC, its employees, agents, former
or striking employees, or contractors, in connection therewith, unless
caused by gross negligence or wilful misconduct on the part of ALEC.
1.6.11 ALEC 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
frm loss of right-of-way or propert owner consents, which may arise
out of or be caused by the presence, in, or the ocpancy of the
centrl offce by ALEC, and/or acts by ALEC, its employees, agents or
contractors.
1.6.12 ALEC 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 ALEC installation and operation of its
facilities or equipment within the multiplexing node, roof space and
transmitter space.
1.6.13 ALEC represents, warrants and covenants that it shall comply with all
applicble federal, state or locl law, ordinance, rule or regulations,
including but not limited to, any applicable environmental, fire, OSHA
or zoning laws. ALEC 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 ALEC, 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.
1.6.14 Verizon represents, warrnts and covenants that it shall comply with
all applicble federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central offic, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Verizon shall indemnify,
defend, and hold harmless ALEC, 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
152
penalties arising out of any breach of the foregoing by Verizon, its
directors, offcers and employees, servants, agents, affliates and
parent.
1.6.15 Verizon and ALEC 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, ALEC shall give immediate notice theref to .
Verizon. The terms and conditions of this Attchment 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 casualt 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 apporioned from the day
following the casualty accrding to the part of the
Collocation equipment location which is usable. Verizon
reserves the right to elect not to restore the Collocation
equ.ipment loction under the conditions specifed in 1.8.2.
If Verizon elects to restore the Collocation equipment
location, Verizon shall inform ALEC of its plans to
repair/restore the Collocation equipment loction as soon as
it is practicable and wil work in good faith to restore service
to ALEC as soon as possible. Verizon shall make repairs
and restorations with all reasonable expedition subject to
delays due to adjustment of insurance claims, labo 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-reurring
and monthly recurrng charges shall be propoionately paid
up to the time of the casualty and thenceforth shall cease
until the date when the Collocation equipment loction shall
have been repaired and restored by Verizon. Verizon
reserves the right to elect not to restore the Collocation
equipment location under the coditions speified in 1.8.2.
If Verion elects to restore the Collocation equipment
location, Verizon shall inform ALEC of its plans to
repair/restore the Collocation equipment loction as soon as .
it is practicable and wil work in good faith to restore service
to ALEC 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 Ifthe Collocation equipment location or any part thereof is
partially damaged or rendered partially unusale by fire or
other casualty through no fault of Verizonor ALEC, then the
applicable non-recurring and monthly recurring charge
AlEC 10 cap v3.3 153
AlEC 10 cop v3.3
1.7.2
1.7.3
1.7.4
1.7.5
1.7.6
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
ALEC 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 ALEC's Colloction 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 partally unusable by fire or other
casualty caused by ALEC, the liability and indemnification
provisions of this Attachment shall apply and Verizon may
terminate ALEC Colloction arrangement immediately.
If the Collocation equipment loction or any part thereof is rendered
wholly unusable through no fault of ALEC, 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 ALEC
Colloction equipment location or any part thereof. In this event,Verizon wil provide ALEC with written notifcation within ninety (90)
days after such fire or casualty specifing a date for discontinuance.
The date of discontinuance shall not be more than sixt (60) days after
the issuance of such notice to ALEC. ALEC must vacate the premises
by the date specifed in the notice. Verizon's rights against ALEC
under this Attchment prior to such discntinuance and any applicable
non-recurrng and monthly recurrng charges owing shall be paid up to
the date of discontinuance. Any payments of monthly recurring
charges made by ALEC, which were on accunt of any period
subseuent to such date shall be returned to ALEC.
After any such casualty and upon request by Verizon, ALEC shall
remove from the Colloction equipment location and other associated
space, as promptly as reasonably possible, all of ALEC salvageable
inventory and movable equipment, furniture and other property.
In the event non-recurring and/or recurrng charges were suspended
pursuant to 1.8.1, ALEC liabilty for applicable non-recurring and
monthly recrring charges shall resume either upon occupancy by
ALEC or thirt (30) days after written notice from Verizon that the
Collotion equipment loction 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 ALEC 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 part for recvery for loss or damage
resulting frm 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 ALEC each wil relese 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
154
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 obtaine
without additional premiums.
1.7.7 Verizon wil not carr insurance on the ALEC furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by ALEC and therefore wil not be obligated
to repair any damage thereto or be obligated to replace the same.
1.8 Implementation and Termination of Service.
1.8.1 Implementation of Collocation Charges. Verizon shall provide ALEC
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 ALEC of the Scheduled Completion Date and wil request
ALEC to schedule and attend a "Collocation Acceptance Meeting"
("CAM"). Collocation charges will be implemented in accrdance with
this section regardless of the readiness of ALEC to utUize the
completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurrng Charges. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. ALEC shall pay the
balance of the NRCs ("NRC Balance") upon ALEC
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 wil commence upon CLEC accptance 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 Colloction
arrangement for up to six (6) months. A CLEC electing to
extend the Scheduled Completion Date of a Colloction
arrangement must .notify Verizon in writing ("Exension
Notice") within thirty (30) calendar days after receiving the
Scheduled Completion Notice. In order for Verizon to delay
billng of monthly recurring charges for the applicble
Collocation arrangement, ALEC must remit the NRC
Balance to Verizon for the Collocation arrangement with the
Extension Notice. Monthly recurrng charges will not be
billed by Verizon until the space for the Colloction
arrangement is accpted by ALEC or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension peri, if ALEC terminates
its Collocation arrangement, the termination shall be
governed by Section 1.8.4.
If Verizon ascertains the space for the Colcation
arrngement is neeed to satisfy another CLEC's
ALC 10 comp v3.3 155
Collocation request prior to the end of the six (6) month
extension penod, Verizon wil notify ALEC that its
Colloction space has been requested by another CLEC.
ALEC wil have up to five (5) Business Days after the
notification to retain the Collocation space by notifying
Verizon in writing that it desires to keep the space
("Retention Notice"). If ALEC retains the Collocation space,
monthly recurring charges shall commence for ALEC thirty
(30) calendar days after ALEC sends the Retention Notice
or when ALEC accepts the space, whichever comes first.
1.8.2 Grounds for Termination by Verizon. Failure by ALEC to comply with
the terms and conditions of this Attachment, including nonpayment of
rates and charges, may result in termination of Colloction service. In
addition to the other grounds for termination of Collocation services set
forth herein, Verizon reserves the right to terminate such services
upon thirt (30) calendar days notice in the event ALEC: (a) is not in
conformance with provisions of this Attchment or other Company
standards and requirements; and/or (b) imposes continued disruption
and threat of harm to Company employees and/or netwrk, 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 ALEC's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Verizon's equipment and facilties or to Company
employees located outside ALEC's Collocation space.
Verizon reserves the right to inspect ALEC's Colloction arrngement
to determine if suffcient DC Power and/or facilty terminations are
being used to maintain interconnection and/or access to unbundled
network elements. If Verizon determines that the Collocation
arrangement is not being used for interconnection and/or accss to
unbundled network elements (frm, for example, insuffcient DC Power
and/or facilty terminations), Verizon reserves the right to terminate
ALEC's Collocation service upon thirt (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. ALEC must notify Verizon in writing of its plans
to terminate a Collocation arrangement ("CLEC Termination Notice"),
and such ALEC termination shall be governed by this Section.
1.8.3.1 Termination After Completion. If ALEC elects to terminate
an existing Colloction arrangement after a Collocation
arrangement has been completed, the termination wil be
effective thirt (30) calendar days after Verizon's receipt of
ALEC Termination Notice. If CLEC terminates a Collocation
arrangement under this section, the termination shall be
governed by Section 1.8.4 and ALEC remains responsible
to pay any unpaid NRCs associated with the terminated
arrangement as set forth in Section 1.8.1. If the Colloction
arrangement being terminated contains equipment in which
a third part maintains an ownership or a security interest,
ALEC shall include a list of any such owners and secured
parties in ALEC Termination Notice.
ALEC 10 comp v3.3 156
1.8.3.2 Termination Prior to Completion. If ALEC elect to
terminate a request for Collocation when construction is in
progres and prior to completion of the Collocation
arrngement, the termination wil be effective upon
Verizon's receipt of ALEC Termination Notice. For all non-
recurrng charges associated with providing the Colloction
arrangement, ALEC wil be biled and is responsible for
payment of non-recurring charges in accrdance with the
following (for the purposes of this secion, the number of
"Days" refers to Business Days measured from Verizon's
recipt of a complete application from ALEC):
1.8.3.2.1 Effective date of ALEC termination on or
between Days 1 to 15, ALEC owes 20% of non-
recurring charges.
1.8.3.2.2 Effective date of ALEC termination on or
between Days 16 to 30, ALEC owes 40% of
non-recurrng charges.
1.8.3.2.3 Effective date of ALEC termination on or
between Days 31 to 45, ALEC owes 60% of
non-recurring charges.
1.8.3.2.4 Effective date of ALEC termination on or
between Days 46 to 60, ALEC owes 80% of
non-recurrng charges.
1.8.3.2.5 Effective date of ALEC termination after Day 50,
ALEC owes 100% of non-recurring charges.
If after applying these percentages to NRCs already paid by
ALEC, any refunds are due ALEC, such refunds shall be
applied first as a credit to any accounts with balances owed
by ALEC to Verizon, with any remaining refund amount
issued to ALEC. Engineering/major augment fees
submitted with the application wil not be refunded. ALEC
Termination Notice must be received by Verizon prior to the
Scheduled Completion Date to avoid incurring any monthly
recurrng charges.
1.8.4 Effects of Termination. If Verizon or ALEC terminates a Colloction
arrangement under the terms and conditions of this Attachment, the
following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges.
ALEC shall disconnect and remove its equipment from the
designated Collotion space by the effective date of the
termination. Upon removal by ALEC of all it equipment
from the Collocation space, if ALEC does not restore the
Collocation space to its original condition at time of
occupancy, ALEC wil reimburse Verizon for the cost to do
so. Due to physical and technical constraints, removal of
ALEC entrance facility cable will be at Verizon's option.
ALEC shall reimburse Verizon for all costs Verizon incurs to
decommission DC Power and trnsmission cable
terminations previously applied for by ALEC. Verizon
ALEC 10 cop v3.3 157
ALEC 10 cop v3.3
1.8.5
1.8.6
reserves the right to remove ALEC's equipment if ALEC
fails to remove and dispose of the equipment by the
effective date of the termination. ALEC wil be charged the
appropriate additional labor charge in the Pricing
Attchment for the removal and disposal of such equipment.
All monthly recurring charges wil continue to be charged to
ALEC until the effective date of the termination or, at
Verizon discretion, until any later date up to the date that all
equipment is removed and the Colloction space is restored
to its original condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. If Verizon or ALEC has
terminated a Collocation arrangement pursuant to Secions
1.8.2 and 1.8.3 and ALEC ("original CLEC") has paid a non-
recurring charge(s) for an asset in a Collocation
arrangement, and is succded by another CLEC who use
the same asset ("subsequent CLEC"), ALEC 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
ALEC paid a non-recurring charge, Verizon wil make a pro
rata refund of such paid non-recurring charges to ALEC.
For purposes of calculating prorated refunds to ALEC,
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 ALEC to
Verizon, and any remaining refund amount will be issued to
ALEC. Engineering/major augment fees submitted with the
application and any other paid non-recurrng charges not
assiated with the asset wil not be refunded.
Closure. Decommissioning or Sale of Premises. Colloction
arrangements wil automatically terminate if the premise in which the
Colloction space is located is closed, decmmissioned or sold and no
longer houses Verizon's network facilties. At least one hundred eighty
(180) days written notice will be given to ALEC of events which may
lead to the automatic termination of any such arrangement pursuant to
the terms and conditions of this Attchment, except when
extraorinary circumstances require a shorter intervaL. In such cases,
Verizon wil provide notice to ALEC as soon as practicable. Verizon
wil work with ALEC to identif alternate Collocation arrngements.
Verizon wil work cooperatively with ALEC to minimize any potential for
service interruption resulting from such actions.
Miscellaneous. Verizon retains ownership of Verizon premise floor
space, adjacent land and equipment used to provide all forms of
Collocation. Verizon reserves for itself and its succsors and
assignees, the right to utilze the Verizon premises' space in such a
manner as will best enable it to fulfill Verizon's service requirements.
ALEC does not receive, as a result of entering into a Collocation
arrangement hereunder, any right, title or interest in Verizon's premise
facilit, 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 ALEC requires use of a
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Verizon local exchange line, ALEC must order a business lol
exchange accs line (B1). ALEC may not use Verizon offcial lines.
1.9 Virtual Collocation.
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Attchment shall apply to virtual Colloction.
1.9.1 Description. Under virtual Collocation, Verizon installs and maintains
ALEC provided equipment, which is dedicated to the exclusive use of
ALEC in a Colloction arrngement. ALEC provides fiber-optic
facilties through Verizon entrance manholes for connection to ALEC
virtually collocated transmission equipment that provides
interconnection to Verizon facilities located in the premises.
The physical point of intenace for connecion to the virtua.1 arrngement
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 ALEC's location, the fiber optic cable remains ALEC's
responsibility, with ALEC penorming all servicing and maintaining full
ownership. If ALEC is purchasing Verizon provided unbundled
interoffce facilties as transport, ALEC entrance fiber is not reuire.
All elements/services shall be connected to the outpt 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 ALEC requests virtual Collocation of equipment other than the
standard virtual arrangement, ALEC and Verizon wil mutually agree
upon the type of equipment to be virtually collocated.
1.9.2 Implementation Intervals and Planning. Verizon and ALEC shall work
cooperatively to jointly plan the implementation milestones. Verizon
and ALEC shall work cooperatively in meeting those milstones and
deliverables as determined during the joint planning procss. A
preliminary schedule wil be developed outlining major milestons
including anticipated delivery dates for the ALEe-prvided
transmission equipment and for training.
Verizon wil notify ALEC of issues or unanticipated delays, as they
become known. Verizon and ALEC shall conduct additional joint
planning meetings, as reasonably required, to ensure all known isues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
identification of tests to be penormed, 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 subjec to the provisions in this Attchment
governing forecasting and capacity. ALEC shall deliver the virtal
Collocation equipment to Verizon premises by BusinesS Day for (40).
Verizon and ALEC shall work cooperatiyely to schedule each site on a
AlEC 10 comp v3.3 159
AlEC 10 comp v3.3
priority-based order. Verizon and ALEC shall mutually agree upon
intervals for non-standard arrangements.
1.9.3 Transmission Failure. ALEC shall be responsible for monitoring and
. reporting signal loss to Verizon. In the event of a transmission failure,
ALEC shall be responsible for initial trouble isolation as set forth in
Section 1.9.9, regardless of whether the fiber span is equipped with
.. optical regeneration equipment.
1.9.4 Accommodations. Upon receipt of a completed application and
. associated virtual engineering fee, Verizon wil conduct an application
. review, engineering review and site survey at the requested premises.
Verizon wil notify ALEC 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 ALEC 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 Colloction
. arrangement, at which time ALEC wil remove the equipment. ALEC
wil retain ownership of this equipment inside the premises. Verizon
wil operate and maintain exclusive control over this equipment inside
the premises.
Where Verizon uses approved contractors for installatin, maintenance
or .repair of virtual Collocation arrangements, ALEC may hire the same
. . approved contractors directly for installation, maintenance or repair of
. ALEC designated equipment.
Where Verizon does not use contractors, ALEC designated equipment
and ALEC provided facilties used in the provision of virtual Colloction
will be installed, maintained and repaired by Verizon. Verizon wil
maintain and repair ALEC designated equipment under the same
timeframe and standards as its own equipment.
ALEC 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 wil notify ALEC if a local offce alarm
detects an equipment affecting condition.
. Verizon will be responsible to pull the fiber into and through the cable
entrance facilty (Le., vault) to the virtual Collocation arrangement. All
iiistallations into the cable entrance facilty are penormed by Verizon
personnel or its agents.
No virtual Collocation arrangement wil be placed in service by Verizon
. until necessary training has been completed (refer to Section 1.9.11).
1.9.5 Plug-ins and Spare Cards. When a plug-in/card is determined by
Verizon to be defective, Verizon wil label the plug-in as defective and
place it in ALEC-dedicated plug-in/card storage cabinet. ALEC wil 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 ALEC's failure to replace defective plug-
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ALEC 10 comp v3.3
ins/cards. Verizon shall not be held responsible if ALEC provides an
inadequate supply of plug-ins/cards. Verizon wil segregate and sere
ALEC-provided maintenance spares in ALEC-provided spare plug-
in/card cabinet.
ALEC shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, ALEC shall provide
Verizon with maintenanc spares for each plug-in/card type. The
number of maintenance spares shall be the manufacturets
recommended amount, unless otherwise mutually agreed by Verizon
and ALEC, 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 ALEC prior to delivery to Verizon.
In addition to maintenance spares, ALEC wil also provide any unique
tools or test equipment required to maintain, turn-up, or repair the
equipment.
Upon receiving notification from Verizon that a plug-in/card has been
replaced, ALEC is then responsible to contact the Verizon oprations
manager to arrnge 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, ALEC 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
manufacturets recommended amount, unless otherwise mutually
agreed by Verizon and ALEC.
1.9.6 Safety and Technical Standards. Verizon reserves all rights to
terminate, modify or reconfigure the provision of service to ALEC if, in
the discretion of Verizon, provision of service to ALEC may in any way
intenere with or adversely affect Verizon's network or its abilty to
service other CLECs.
All ALEC 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 effec
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
It is ALEC's responsibilty to demonstrate and provide to Verion
adequate documentation from an accredited source certifing
compliance. ALEC equipment must conform to the same speifc
risk/safety/hazard standards which Verizon imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
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AlEC 10 comp v3.3
ALEC equipment is not required to meet the same penormance and
reliabilty standards as Verizon imposes on its own equipment as
defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. ALEC
may install equipment that has been deployed by Verizon for five years
or more with a proven safety record.
All ALEC'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 intenerence with Verizon's services and facilties. 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 identifie 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, carbn black, and suitable antioxidant
system; and (6) Silica fibers shall be fusible with a commercially
available fusion splicer(s) that is commonly used for this operation.
1.9.7 Control Over Premises-Based Equipment. Verizon exercises'
exclusive physical control over the premises-based transmission
equipment that terminates ALEC's circuits and provides the
installation, maintenance, and repair services necessary to assure
proper operation of the virtually collocated facilties and equipment.
Such work will be penormed by Verizon under the direction of ALEC.
1.9.8 Removal of Equipment. Verizon reserves the right to remove facilties
and equipment from its list of approved products if such products,
facilities and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 - CORE.
1.9.9 Installation and Trouble Resolution. Verizon wil proces 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 ALEC at the number provided and service the
equipment as instructed and direced by ALEC.
1.9.10 Placement. Removal and Monitoring of Facilties and Equipment.
From manhole zero toward ALEC's location the fiber optic cable
remains ALEC's responsibilty, with ALEC penorming all servicing and
maintaining full ownership.
ALEC has the responsibilty to remotely monitor and control their
circuits terminating in Verizon's premises, however, ALEC wil not enter
Verizon's premises under virtual Colloction arrngements.
Penormance and surveilance monitoring and trouble isolation shall be
provided by ALEC. A clear distinction must be made by ALEC when
submitting report of troubles on Verizon services/elements conneced
to the virtually collocated equipment and report of troubles with the
collocated equipment. The former can be handled using Verizon
technicians and standard processes. The latter will require specially
trained technicians familar with the collocted equipment (refer to
Section 1.9.11).
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ALC 10 co v3.3
1.9.11
1.9.12
When ALEC isolates a trouble and determines that a Verizon
technician should be dispatched to the equipment location for a
servicing procedure, ALEC shall enter a trouble ticket wih Verizon.
ALEC shall provide standard trouble information, including the virtal
Collocationarrangements circuit identification, nature of the activity
request, and the name and telephone number of ALEC's
technician/contact.
Responses to all equipment servicing needs wil be at ALEC's
direction. Maintenance wil not be penormed without ALEC's direct
instruction and authorization.
If ALEC is providing its own transport fiber for the virtual Collocation
arrangement, ALEC wil arrange placement of the fiber into manhole
zero with enough length (as designated by Verizon) to reach the virtual
Collocation arrngement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by ALEC. Verizon technicians wil penorm the
instructed activities on the equipment as specifically directed by ALEC.
ALEC shall provide, own, and operate the terminal equipment at their
site outside Verizon's premises.
Use of Non-Standard Eguipment. When ALEC requests a virtal
Collocation arrangement consisting of equipment which Verion does
not use in its network nor has deployed in that particular premise to
provide service to itself or another CLEC, ALEC 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 ALEC with adequate
manufacturer's training.
ALEC is responsible to arrnge 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 ALEC. ALEC shall also pay for Verizon
technicians' time subject to rates contained in the Pricing Attchment.
When travel is required, travel expenses associated with training wil be
charged to ALEC based on ticket stubs and/or receipts. This includes
paying for mileage accrding to the IRS rates for personal car mileage
or ainare, as approprte ALEC also has the option of arranging and
paying for all travel expenses for Verizon technicians directly.
In the event of an equipment upgrade, ALEC must provide secondary
training subject to the provisions contained herein.
Additions and Rearrangements. Once ALEC has establishe a virtual
Colloction 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 ALEC decides to rearrange an existing
virtual Collocation arrangement, ALEC must submit a new appliction
outlning the details of the rearrangement along with a virtual
engineering/major augment fee.
163
1.9.13 Application of Rates and Charges.
Biling. Verizon wil apply charges (e.g., non-recurrng 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
readiness of ALEC to utilze the completed virtual Colloction
arrangement wil not impair the right of Verizon to commence billng.
Verizon shall charge ALEC 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 ALEC's fiber in manhole zero, including license fees, shall be
the responsibility of ALEC.
Virtual Engineering Fee. Verizon wil require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Verizon location where ALEC requests to
establish virtual Collocation. A virtual engineering/major augment fee
is required to be submitted by ALEC with its application. This fee
applies for all new virtual Collocation arrngements as well as
subsequent additions to an existing arrngement, and provides for
application processing, and for Verizon's penormance of an initial site
visit and an engineering evaluation.
If ALEC cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, ALEC wil 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.
Other Virtual Collocation Rate Elements. The application, description,
and rates of Collocation rate elements that are also applicable for
virtual Colloction are described in the Pricing Attachment.
Conversions. Requests for converting virtual Collocation
arrangements to caged or cageless arrngements shall be submitted
and designated as an Augment Application describe 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 cageless wil be assessed an engineering/major
augment Fee and other applicable charges. Verizon wil notify ALEC
within ten (10) Business Days following receipt of the completed
Augment Application if ALEC conversion request is accepted or
denied. When converting a virtual arrangement to a caged or
cage less arrangement, ALEC's equipment may nee to be relocated.
ALEC wil be responsible for all costs associated with the reloction of
its equipment as described in Section 1.2.7.
1.10 Microwave Collocation.
1.9.14
Microwave Collocation is available on a first-cme 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 locted either inside or
AlEC 10 comp v3.3 164
on the exterior of the building. All microwave antennas must be physically
interconnected to Verizon facilties through the Collocation arrngement. Unless
otherwise specified in this Section 1.10, the provisions conta'ined in other
sections of the Collocation Attchment shall apply to microwave Colloction.
1.10.1 Accommodations. Verizon wil provide space within the cable riser,
cable rack support structures and between the transmiter/reiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to accss Verizon's intercnnecton
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 wil be discussed during the pre-construction
survey.
Verizon wil designate the space in, on or above the exterior walls and
roof of the premises, which wil constitute the roof space or
transmitter/receiver space. Verizon may require ALEC'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 ALEC'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 ALEC. Verizon reserves
the right to use existing support structures for ALEC's antenna, subject
to space and capacity limitations. Verizon also reserves the riht to
use any unused portion of a support strcture owned by ALEC for any
reason, subject to the provisions set forth below. It shall be the
responsibilty ofthe 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 accrdance wit the FCC's
Part 32 uniform system of accunts. When ALEC is the owner of the
structure, it shall keep such records in accordance with generally
accpted accunting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structre
for microwave interconnection on a first-cme first-served basis.
For those interconnecting via microwave facilities, transmiter/receiver
equipment may be located in ALEC's interior Collocation space, or in a
separate location inside or on the exterior of the building as deterined
byVerizon.
1.10.2 Security. Verizon will permit ALEC's employees, agents and
contractors approved by Verizon to have accss to the areas where
ALEC'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 hors for
installation and routine maintenance, provided that ALEC employees,
agents and contractors comply wit the policies and practics of
Verizon pertaining to fire, safety and security. Such approval will not
be unre¡:sonably withheld. During non-business hours, Verizon will
provide accss on a per event basis."-,'~.,
ALC 10 cop v3.3 165
AlEC 10 camp v3.3
Verizon wil also permit all approved employees, agents and contractors of ALEC
to have access to ALEC's cable and associated equipment (e.g., repeaters).
This wil include accss to riser cable, cableways, and any room or area
necessary for access.
1.10.3 Safety and Technical Standards. Verizon reserves the right to remove
facilties and equipment from its list of approved product if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibilty and
electrical safety generic crteria 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, ALEC or if applicable, Verizon,
shall have the complete structure, including guys and support,
inspected every two years by an acceptable licensed professional
engineer of its choice specializing in this type of inspection. For ALEC
owned structures that are solely for the use of one CLEC's antenna(s),
such inspection wil be at ALEC'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.
ALEC shall provide written notice to Verizon of any complaint (and
resolution of such complaint) by any governmental authority or others
pertining to the installation, maintenance or operation of ALEC's
facilties or equipment located in roof space or transmitter/receiver
space. ALEC also agrees to take all necessary corrective action.
All ALEC microwave equipment to be installed in or on the exterir of
Verizon premises must be on the Verizon's list of approved product,
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.
ALEC must comply with Verizon technical specifications for microwave
Collocation intercnnection specified in NIP - 74171 and Verizon's
digital switch environmental requirements specifed in NIP-74165, as
they relate to fire, safety, health, environmental, and network
safeguards, and ensure that ALEC provided equipment and installation
activities do not act as a hindrance to Verizon services or facilties.
ALEC's equipment placed in or on roof space or transmitter/reciver
space must also comply with all applicable rules and regulations of the
FCC and the FAA.
166
ALEC 10 cop v3.3
ALEC facilties 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 coe, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
All ALEC microwave facilties 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
intenerence with Verizon services or facilties.
The equipment located in, on or above the exterior walls or rof of
Verizon's building must either be on Verizon's list of approved proucts
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 intenerence with Verizon service or facilities.
Each transmitter individually and all transmiters collectively at a given
location shall comply with appropriate federal, state and/or locl .
regulations governing the safe levels of radio frequency radiatio. The
minimum standard to be met by ALEC in all cases is specified in ANSI
C95.1 -1982.
ALEC 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. ALEC equipment is not required to meet the same
penormance and reliabilty standards as Verizon imposes on its own
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher.
1.10.4 Placement and Removal of Facilities and Equipment. Prior to
installation of ALEC's facilties or transmission equipment for
microwave interconnection, ALEC must obtain at it sole cot and
. expense all necssary licenses, permits, approvals, and/or variances
for the installation and operation of the equipment and partcular
microwave system, and when applicable for any towers or support
structures, as may be required by authoriies having jurisdiction.
ALEC is not permitted to penetrate the building exterio 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 ALEC'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 ALEC.
ALEC wil be responsible for supplying, installng, maintaining, repairing
and servicing the following'microwave specific equipment: Waveguide,
waveguide conduit, and/or coaxial cable, the microwave antenna and
associated tower and support structure and any associated equipment;
and the transmitter/receiver equipment and any required gronding.
167
ALEC 10 comp v3.3
ALEC may install equipment that has been deployed by Verizon for five
years or more with a proven safety record.
1.10.5 Moves, Replacements or Other Modifications. Where ALEC intends to
modify, move replace or add to equipment or facilties within or about
the roof space or transmitter/receiver space(s) and requires speial
consideration (e.g., use of freight elevators, loading dock, staging
area, etc.), ALEC must request and receive written consent from
Verizon. Such consent will not be unreasonably withheld. ALEC 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 writen
approval of Verizon.
1.10.6 Space and Facilties. Monthly rates are applicable to ALEC 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 ALEC's relative capacity ratio
(RCR), (Le., the sum of the RCRs of each of the ALEC'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 ALEC. For a non-rectngular 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 ALEC proposing to use
the structure, on a one-time basis, for the following costs and/or values.
Any incremental costs associated with installng the ALEC'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 ALEC's
proposed antenna(s) to be mounted on the structure. ALEC's RCR
repreents the percnt of the total capacity of the support strcture
used by ALEC's antenna(s) on the structure. Spare capacity shall be
deemed to be that of the owner of the strcture. RCRs shall be
expressed as a tw place decimal number, rounded to the nearest
whole percent. The sum of all users' RCRs and the ownets RCR shall
at all times equal 1.00. It shall be the responsibility of the owner of the
structure to provide ALEC 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 recods or other documentation
supporting the net book value.
The owner of the structure may not assess ALEC any charges in
addition to the one-time charge described above, except that the owner
of the structure may assess ALEC a proportionate share of inspetion
costs and Verizon may assess ALEC monthly recurrng charges for use
of its roof space. At the time ALEC proposes to attch additional
antennas to an existing support structure, it shall be the responsibility
of ALEC to obtain, at its cost and expense, an engineering analysis by
a registered structural engineer to determine the relative capacit ratio
of all antennas on the strcture, including the proposed antennas.
168
AlEC 10 cop v3.3
1.10.7
1.10.8
When a ALEC is the owner of the structure, the proposed user shall
pay ALEC directly the one-time charge as set forth abve. When
Verizon is the owner of the support structure, it shall determine the
charge on an individual case basis. In the event that ALEC as owner
of the support structure fails to comply with these provisions, at
Verizon's option, ownership of the support structure shall trnsfer to
Verizon.
Costs incurred by Verizon to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto in
order to insure that such loadings meet generally accpted engineering
criteria for radio tower structures, wil be biled to ALEC.
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, ALEC wil be biled on a time and materials basis for the
costs incurrd.
Escorting. When ALEC personnel are escorted by a qualifed Verizon
employee for accss to the roof space, transmitter/receiver space, or
cable risers and racking for maintenance, the miscellaneous labor
charges as set forth in the Pricing Attchment wil apply.
169
911 AITACHMENT
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
Ofce(s)/Selective Router(s), Verizon intenace point(s) and AU 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 ALEC, 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 CLU 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 responsibilty for operations and
support of Verizon's 911/E-911 network and AU Database systems;
and
1.2.3 where Verizon maintains a Master Stret Address Guide (MSAG) on
behalf of the Controllng 911 Authority, Verizon shall provide to ALEC
a complete copy of such MSAG annually upon written request for each
county within the LATA(s) in the State of Idaho, where ALEC is
providing Telephone Exchange Service, provided that Verizon is
permited to do so by Controllng 911 Authority.
2. ALI Database
2.1 Where Verizon manages the AU Database, information regarding the AU
Database is provided electronically at the Verizon Partner Solutions website
(formerly referred to as the Verizon wholesale website).
2.2 Where Verizon manages the AU Database, Verizon shall:
2.2.1 store ALEC end user data provided by ALEC in the AU Database;
2.2.2 provide ALEC access to the AU Database for the initial loading and
updating of ALEC end user records in accrdance with information
contained in the Verizon Partner Solutions website (formerly referred
to as the Verizon wholesale website); and
2.2.3 provide ALEC an errr and status report based on updates to the AU
Database received from ALEC.
2.3 Where Verizon manages the AU Database, ALEC 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 AU database;
utilize the appropriate Verizon electronic intenace to update E-911
data in the AU Database related its end user (and all such database
"
2.3.2
AlEC 10 cap v3.3 170
information in the AU Database shall conform to Verizon standards,
which are provided at the Verizon Partner Solutions website (forerly
referred to as the Verizon wholesale website));
2.3.3 use its company 10 on all end user records in accrdance with NENA
standards;
2.3.4 correc any errors that occur during the entry of E-911 data in the AU
Database; and
2.3.5 enter E-911 data into the AU Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using ALEC's
NENA 10 to lock and unlock records and the posting of the ALEC
NENA 10 to the AU Database record where such locking and
unlocking feature for E-911 records is available, or as defined by local
standards. ALEC is required to promptly unlock and migrate its E-911
records in accordance with NENA standards. In the event that ALEC
discontinues providing Telephone Exchange Service to any of its end
users, it shall ensure that its E-911 recrds for such end users are
unlocked in accordance with NENA standards.
2.4 In the event ALEC uses an Agent to input its end user's E-911 data to the AU
Database through the appropriate Verizon electronic intenace, ALEC shall
provide a Letter of Authorization, in a form acceptable to Verizon, identifying and
authorizing its Agent.
3. 911/E-911 Interconnection
3.1 ALEC may, in accordance with Applicable Law, interconnect to the Verizon
911/E-911 Tandem Offce(s)/Selecive Router(s) or Verizon intenace point(s).
Verizon shall designate intenace point(s), e.g., digital cross connect systems
(DCS), where ALEC may interconnec with Verizon for the transmission and
routing of 911/E-911 Calls to all subtending PSAPs that serve the areas in which
ALEC provides Telephone Exchange Services.
3.2 In order to interconnect with Verizon for the transmission and routing of 911/E;.
911 Calls, ALEC shall:
3.2.1
3.2.2
3.2.3
3.2.4
ALEC 10 comp v3.3
interconnect with each Verizon 911/E-911 Tandem Ofce/Selecive
Router or Verizon intenace point that serves the exchange areas in
which ALEC 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 facilities that are dedicated for originating 911/E-911
Calls from the ALEC switch to each designated Verizon 911/E-911
Tandem Offce/Selective Router or Verizon intenace point, using SS7
signaling where available, as necssary;
(Intentionally Left Blank);
provide suffcient trunks and facilties to route 911/E-911 Calls frm
ALEC to the designated Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon intenace point(s). ALEC is
responsible for requesting that trunks andfaciltie be routed diversly
for 911/E-911 interconnecion;
171
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 intenace point(s);
3.2.6 engineer its 911/E-911 trunks and facilties to attin a minimum P.01
grade of service as measured using the "busy day/busy hour" criteria
or at such other minimum grade of service as required by Applicable
Law or the Controllng 911 Authority;
3.2.7 monitor its 911/E-911 trunks and facilties for the purpose of
determining originating network traffc volumes. If the ALEC traffc
study indicates that additional trunks and/or facilities are needed to
meet the current level of 911/E-911 Call volumes, ALEC shall order or
otherwise provide adequate additional trunks and/or facilities;
3.2.8 promptly test all 911/E-911 trunks and facilties between the ALEC
network and the Verizon 911/E-911 Tandem Offce(s)/Selective
Router(s) or Verizon intenace point(s) to assure proper functioning of
911/E-911 arrangements. ALEC shall not transmit or route live 911/E-
911 Calls until succssful testing is completed; and
3.2.9 isolate, coordinate and restore all 911/E-911 network maintenance
problems from its switch(es) to the Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon intenace points. ALEC shall
advise Verizon of the circuit identification when notifying Verzon of a
failure or outage.
4. 911/E-911 General
4.1 Verizon and ALEC shall work cooperatively to arrnge 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
arrngements
4.2 ALEC shall compensate Verizon for provision of 911/E-911 Services pursuant to
the Pricing Attachment of this Agreement.
4.3 ALEC and Verizon shall comply with all Applicable Law (including 911 taxes and
surcharges as defined by Applicable Law) pertining to 911/E-911 arrngements.
4.4 ALEC shall collect and remit, as required, any 911/E-911 applicable surcharges
from its end users in accordance with Applicable Law.
5. Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date, has not provided in the State
of Idaho a Service offered under this Attachment, Verizon reserves the right to negotiate
in good faith with ALEC reasonable terms and conditions (including, without limitation,
rates and implementation timeframes) for such Service; and, if the Parties cannot agree
to such terms and conditions (including, without limitation, rates and implementation
timeframes), either Party may utilze the Agreement's dispute resolution procedures.
ALEC 10 camp v3.3 172
PRICING AITACHMENT
1. General
1.1 As used in this Attchment, 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 Part'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 Attchment
that do not include a Charge, either marked as "TBD" or otherwise, Verizon is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective Date"). When Verizon finishes
developing such a Charge, Verizon shall notify ALEC in writing of such Charge in
accordance with, and subjec to, the notices prvisions of this Agreement and
thereafter shall bil ALEC, and ALEC shall pay to Verizon, for Servics provided
under this Agreement on the Effective Date and thereafter in accrdance with
such Charge. Any notice provided by Verizon to ALEC pursuant to this Seion
1.4 shall be deemed to be a part of Appendix A of this Pricing Attchment
immediately after Verizon sends such notice to ALEC and thereafter.
1.5 The Chargs stated in Appendix A of this Pricing Attchment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically supersed
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 Attchment, 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 Secons 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Party'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 writng.
2. Verizon Telecommunications Services Provided to ALEC 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.
ALEC 10 comp v3.3 173
2.1.1 The Charges for a Verizon Telecommunications Service purchased by
ALEC for resale for which Verizon is required to provide a wholesale
discount pursuant to Section 251 (c)(4) ofthe Act shall be the Retail
Price for such Service set forth in Verizon's applicable Tariff (or, if
there is no Tari 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 ALEC for resale pursuant
to Section 3.3 of the Resale Attchment for which Verizon is required
to provide a wholesale discount pursuant to Section 251 (c)(4) ofthe
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 Secion 251 (c)(4) of the Act; or (b) in the
absence of an applicable Verizon Tariff wholesale discount for Verion
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act, the applicable discont 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 permited by
Applicable Law, Verizon may establish a wholesale discount for a CSA
that difers from the wholesale discount that is generally applicable to
Telecommunications Services provided to ALEC for resale pursuant to
Section 251 (c)(4) ofthe Act.
2.1.3 Notwithstanding Sections 2.1 and 2.2 of this Attchment, in
accordance with, and to the extent pemitted 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 ALEC for resale pursuant to
Section 251 (c)(4) of the Act.
2.1.4 The wholesale discont 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;
AlEC 10 comp v3.3 174
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Accss services;
2.1.5.3 Subsciber 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 subjec 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 servic 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
Tariff 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 Telecmmunications Service customer
specific contract service arrangement ("CSA") purchased by ALEC
pursuant to Section 3.3 of the Resale Attachment for which Verion 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 bil the person to whom the CSA
was originally provided (including, but not limited to, applicable Verizon
Tari Charges).
2.3 Oter Charges.
2.3.1 ALEC shall pay, or collet and remit to Verizon, without discunt, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Verizon Telemmunictions
Services provided by Verizon to ALEC.
3. ALEC Prices
Notwithstanding any other provision of this Agreement, the Charges that ALEC biNs
Verizon for ALEC's Services shall not exceed the Charges for Verizon's comparable
Services, except to the extent that ALEC's cost to provide such ALEC's Services to
Verizon exceeds the Charges for Verizon's comparable Services and ALEC 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 Part resees its respective
rights to institute an appropriate proceeding with the FCC, the Commission or othr
governmental body of appropriate jurisdiction: (a) with regard to the Charges for it
Services (including, but not limited to, a proceeding to change the Charges for it
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
AlEC 10 cop v3.3 175
with regard to the Charges of the other Part (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
ALEC 10 comp v3.3 176
APPENDIX A TO THE PRICING AITACHMENT1
(IDAHO)
v1.13
I. Rates and Charges for Transport and Termination of Traffc2
A. Reciprocal Compensation Traffc Termination
Reciprocal Compensation Traffc End Offce Rate: $0.0050687 per minute of
use.
Reciprocal Compensation Traffc Tandem Rate: $0.0070138 per minute of use.
B. The Tandem Transit Traffc Service Charge is $0.0018345 per minute of use.
C. Entrance Facilty and Transport for Interconnection Charges: See Intrastate
Special Access Tariff
D. Exchange Accss Service: Per Verizon interstate and/or Verizon intrastate
access tariff
This Appendix may contain rates for (and/or reference) seices, facilities, arrngments and the like
that Verizon does not have an obligati to provide under th Ageement (e.g., services, faciities, arrngements and the
like that Verizon is not reuired to provide under section 251 of the Act). Notwthstanding any such rates (and/or
refereces) and, for the avoidance of any doubt. nothing in this Appendix shall be deemed to require Verizo to provide a
service, facilty, arrngement or the like that the Agreement dos not require Verizon to prvie, or to prvide a servce,
facilit, arrngement or the like upon rates, term or conditions othr than those that may be reuir by the Agreement.
All rates and chrges set for in this Appedix shall apply untU such time as they ar relace by new ras
and/or charges as the Commission or the FCC may approve or allow to go into eff frm tie to ti, subj howver,
to any stay or other orer issued by any court of competent jurisdicton. In addition to any rates and charges set fort
herein, Verion, effective as of Marc 11, 2005, may, but shall not be require to, charge (and AlEC shall pay) any rates
and chargs that apply to a CLEC's embedded base of certin UNEs pursuant to th FCC's Ordr on Remand,
Unbundled Accss to Network Elements; Review of the Secio 251 Unbundling Obligations of Incumnt Locl
Exchang carrers, WC Oocet No. 04-313, CC Oocet No. 01-33 (FCC rei. Feb. 4, 2005) (the "TRO.), the foreoing
being wiut limitation of other rates and chargs that may apply under subseuent FCC orders or otrwse. In
additon, as set forth in Industr Notices, accs tari rates andor other applicabl non-UNE rates may apply for cein
facilites and arrngements that are no longer available as unbundle network elements or combnatis thf.
2 All rates and charges spec he ar pertining to the Intercneion Attchment.
AlEC 10 comp v3.3 1n
II. Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
Ordering and Provisioning
Engineered Initial Service Order (ISO) - New Service
Engineered Initial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered Initial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered Initial Service Order - As Specifed
Non-Engineered Subsequent Service Order
Centrl Ofce Connect
Outside Facilty Connect
Manual Ordering Charge
Prouct Specific
$273.09
$ 11.69
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 12.21
$ 68.30
$ 12.17
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, wil be charged from the appropriate retail tarif. No
discount applies to such NRCs.
Custom Handling
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
ISO
Central Ofce Connection
Outside Facilty Connection
$ 35.48
$ 12.59
$ 17.76
$ 10.71
$ 9.59
Hot Coordinated Conversion First Hour:ISO $ 30.55Central Offce Connecion $ 42.83Outside Facilty Connection $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:ISO $ 6.40Central Offce Connecion $ 10.71Outside Facilty Connection $ 9.59
AlEC 10 comp v3.3 178
Application of NRCs
Pre-ordering:
CLEC Accunt Establishment is a one-time charge applied the first time that ALEC
orders any service from this Agreement.
Customer Record Search applies when ALEC 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 Ordér - 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 ALEC. Complex Service are
services that require a data gathering form or have special instructions.
Non-Engineered Initial Service Order - Changeover applies only to Basic Service for
services migrating from Verizon to ALEC. End-user service may remain the same or
change.
Central Offce Connect applies in addition to the ISO when physical installation is
required at the central offce.
Outside Facilty Connect applies in addition to the ISO when incremental fieldwork is
required.
Manual Ordering Charge applies to orders that require Verizon to manually enter ALEC'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 ALEC requests
service prior to the standard due date intervals.
Coordinated Conversion applies if ALEC requests notification and coordination of service
cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if ALEC requests real-time cordination of
a service cut-over that takes one hour or les.
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.
ALEC 10 comp v3.3 179
II.Prices for Unbundled Network Elements3
Monthly Recurring Charges.
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
OS 1 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)
BasicNID:$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 Transpor Termination $45.00
lOT DS3 Transport Facilty per ALM $25.15
lOT DS3 Transport Termination $234.14
Multiplexing (Dedicated Transport)
DS1 to Voice Multplexing $194.78
DS3 to OS 1 Multiplexing $550.00
DS1 Clear Channel Capabilty $26.00
3 For the avoidance of any doubt, in additon to any rates and charges se fort heren, Verion,
effectve as of Marc 11,2005, may, but shall not be required to, charge (and ALEC shall pay) any rates and ch that
apply to a CLEC's embedded base of certin UNEs pursuant to the TRRO, the foregoing being without limitatio of othr
rates and charges that may apply under subsequent FCC order or otherwse; in addition, as set fort in Indust Nots,
access tariff rates and/or other applicable non-UNE rates may apply for certain facilities and arrngements that ar no
longer available as unbundled netwrk elements or combinations theref.
4 In compliance with the FCC Orr approving th Merger of GTE Corpration and Bell Atlantic (CC
Oocket No. 98-1840), Veron will offer limited duration promotional disconts on resold residential exchange accss
lines. The terms and conditions on whic these promotional disunt are being made availale can be found on
Verizon's web site, at htt://ww.gte.comlse for forr GTE serv areas and htt://ww.bell-
atl.com/wholesale/htmllresources.htm for form Bel Atlantic seice areas.
AlEC 10 comp v3.3 180
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber lOT -Facilty
Dark Fiber lOT -Termination
Intermediate Offce Cross Connect
AlEC 10 co v3.3 181
$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 Capabilty).
AlEC 10 comp v3.3 182
Line Splitting (also referred to as "Loop Sharing")' 6
B. Other Charges
As Applicable per this Appendix A for UNE Local 2-Wire
Digitl (DSL qualified) Loops Monthly Recurrng Charges and
Non-Recurring Charges as amended from time to time.
Includes, without limitation, Recurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge* (per loop), Service 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 Charges
i. Regrade $9.59 NRC
A. Unbundled Local Loops
ii. *Service Connection
*Service Connection/Other
A second Service Connection
NRC and Service Connection/
Other NRC applies on New
Loop Sharing Arrngements
involving the connection of
both voice and data
connections.
ii. Disconnect A disconnect NRC apples,
as applicabl, on total Loop
Sharing discnne.
iv. Line and Station Transfers
/Pair Swaps A LST/Pair Swap NRC
applies, as appicble, on LST
activit penormed on New
Loop Shanng Arrngements.
C. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
Installation Rates)
As Applicable per this Appendix A.
Rates for the indivdual line splitng componets are contained in existng ters for Unbuled
Netw Elements and Collocation.
This Pricing Attchment incorates by reference the rates set fort in the Agrment fo th
services and charges reference herein. In the event this Pricing Attchment refers to a serv that is not avalabl
under the Agreement, th Agreement shall contro. Noting in this Appedix A shall be deme to reuire Veri to
provide a service that the Agreement does not reuire Veri to prid.
ALEC 10 comp v3.3 183
NON-RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Accunt Establishment Per CLEC
Customer Record Search
$
$
166.32
4.21
Ordering and Provisioning
Loop:
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Offce Connection
Outside Facilty Connection (See Note 1)
$294.07
$49.31
$12.21
$68.30
$33.38
$42.69
NID:
ISO
Outside Facilty Connection
Custom Handling
Manual Ordering Charge $12.17
$25.80
$3.36
$17.76
$10.71
$9.59
$30.55
$42.83
$38.34
$6.40
$10.71
$9.59
Service Order Expedite:
Engineered Loop LSRs
All Other LSRs
Coordinated Conversions:
ISO
central Offce Connection
Outside Facilty Connection
Hot Coordinated Conversion First Hour:
ISO
Central Offce Connection
Outside Facilty Connecion
Hot Coordinated Conversion per Additional Quarter Hour:
ISO
central Offce Connection
Outside Facilty Connecion
Note 1: The Outside Loop Facility Charge wil apply when fieldwork is required for establishment
of a new unbundled loop service.
ALEC 10 comp v3.3 184
NON-RECURRING CHARGES - OTHER UNEs
Exchange - FDI Distribution Intercnnection - Initial
Exchange - FDI Distribution Interconnection - Subsequent
Exchange - Serving Terminal Interconnection -Initial
Exchange - Serving Terminal Interconnection - Subsequent
$ 36.32
$ 15.01
$ 36.32
$ 15.01
$ 26.88
$ 11.83
$ 26.88
$ 11.83
$ 61.90
$ 16.99
$ 28.99
$ 13.23
$ 30.36
$ 7.22
$ 15.51
$ 6.41
Advanced - Service Inquiry Charge
Advanced - Interoffce Dedicated Transport - Initial
Advanced - Unbundled Loop - Initial
Intermediate Offce Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
$405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
$405.65
$ 64.57
$ 64.57
N/A
$267.28
$261.86
N/A
$224.68
$220.43
Advanced - Basic (2-wire and 4-wire) -Initial
Advanced - Basic (2-wire and 4-wire) - Subsequent
DS1/DS3 - Initial
DS1/DS3 - Subsequent
DS3 to OS 1 Multiplexer
OS 1 to DSO Multiplexer
$88.39
$ 38.02
$ 97.94
$ 38.02
N/A
N/A
$ 56.13
$ 21.89
$ 65.68
$ 21.89
N/A
N/A
$12.21
$ 12.21
$12.21
$ 12.21
$450.00
$800.00
N/A
N/A
N/A
N/A
N/A
N/A
Advanced - Basic (2-wire and 4-wire) Changever (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
ALEC 10 comp v3.3 185
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
Advance - Basic(2-wire and 4-wire) - Initial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) -Initial
Advanced "- Complex (OS 1 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
N/A
N/A
N/A
N/A
Exchange Products
Advanced Product
$ 3.36
$ 25.80
$ 3.36
$25.80
N/A
N/A
N/A
N/A
Customer Record Search (per account)
CLEC Accunt 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
Agreent.
8
These charges are interim and subject to retroctive tre back to the Effectve Oate of this
"\
A Une and Station Transfer (LST) Charge applies when Verion arrngs or rerrngs an indivdual
circit at a terminal or crss-cnnect box to fr up a pair or suitble facility at the reuired servce lotion; exampes
include an arrngement of coper to DLC, the rearrngement of 10LC to coper and the rerrngement of 10LC to UOLC.
ALEC 10 comp v3.3 186
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 - Reconfiuration 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 Rearrngement 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 charg for (and/or refernc) seics, facilites, arrangeents and the
like that Verizon does not have an obligatin to provide under the Agreement (e.g., seices, faclites, arrngements and
the like for which an unbundling requireent does not exist under 47 U.S.C. Sectio 251(c)(3)). Notwstndin any
such rates and/or charges (and/or reference) and, for the avoidance of any doubt, nothing in this Appendix shall be
deemed to require Verizon to provide a servce, facility, arrangement or the like that the Agreemet doe not reuire
Verizon to provide, or to provide a servce, facility, arrngemet or the like upon rates, tenn or conditons other thn
those that may be reuire by the Agreement.
10 Engineering Query Charges apply in additon to charges for actual netwrk modifition and Enginering Wor
Order charges where applicable.
11 Engineering Work Order Chargs apply in addition to chargs fo actal netw modifcati and Engineeng
Query charge where applicable.
12 Expedite Charges apply in additon to otr listed rates.
AlEC 10 comp v3.3 187
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 ALEC
orders any service from this Agrement.
Customer Record Search applies when ALEC 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 Accss
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 metho of submission
used by the CLEC.
AdvanCe iSO applies per LSRlASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSRlASR when no engineering work activit 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 instrctions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require speial instruction for the
provisioning of the service to meet the customets 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 Distribtion and Loop Conditioning.
Advanced-Basic: 2-Wire Digitl 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 OS 1 Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or speal
access servic is already in place.
ALEC 10 co v3.3 188
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Verizon to
determine the availabilty of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, lOT, Multiplexing and Clear Channel Capabilit
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if ALEC requests service prior to the standard due date
intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if ALEC requests notification and coorination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if ALEC requests real-time cordination 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
cordination 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.
ALC 10 co v3.3 189
IV. Rates and Charges for 911
See State Access Tariff.
ALEC 10 comp v3.3 190
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 PulllTermination
Engineering per project NRC 76.00
Facilty Cable Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
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 perDS3 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
ALEC 10 comp v3.3 191
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
AlEC 10 comp v3.3 192
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC $1,129.00
Minor Augment Fee per ocurrence NRC 200.00
Access Card Administration (New/Replacement)per card NRC 22.00
DC Power
Engineering per project NRC 75.43
Cable PulllTermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Overhead Superstructure per project NRC 2,440.00
Facilty Cable or Fiber Optic Patchcord PulllTermination
Engineering per project NRC 76.00
Facilty Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
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 ocurrence 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 perDS3 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
ALEC 10 camp v3.3 193
Elements
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material
BITS Timing
AlEC 10 comp v3.3
per splice MRC
MRC
27.00
11.00per ocurrence
194
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
Unconnecorized per 28 pr NRC 32.00
DS3 (Coaxial) Cable
Connectorized perDS3 NRC 2.00
Unconnectorized perDS3 NRC 11.00
Fiber per fiber term NRC 70.00
Monthly Recurring Prices
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per coaxial MRC 11.00
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilization per subduct MRC 1.00
Fiber Cable - 96 fiber
Space Utilization per subduct MRC 1.00
Cable Rack Space
Metallc DSO 1 lin ft MRC 0.01
Metallc DS1 1 lin ft MRC 0.01
Fiber per innerduct ft MRC 0.02
Coaxial 1 lin ft MRC 0.01
ALEC 10 co v3.3 195
ALEC 10 comp v3.3 196
Elements
Manhole Space - Fiber
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable. 48 Fiber
Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material per splice MRC
BITS Timing per occrrnce MRC
27.00
11.00
AlC 10 comp v3.3 197
Augment Fee per ocrrence NRC 998.92
Facilty Pull
Engineering per project NRC 76.00
Labor per linear ft NRC 1.12
Building Penetration for Microwave Cable per ocrrenc NRC ICB
Special Work for Microwave per occurrnce NRC ICB
Monthly Recurring Prices
Rooftop Space per sq ft MRC 4.65
AlEC 10 comp v3.3 198
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
DS1/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CÖ Wiring
Service Conoection - Provisioning
per order
per order
per jumper
per order
Lit Fiber
AlEC 10 comp v3.3 199
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.Tlme,Outslde 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 (Connectoried)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 CabWire Power 750 MCM per cable run NRC 658.00
Facilty Cable - Category 5 Connectorized per Iinearft NRC 1.07
Collocation Space Report per premise NRC 1,218.00
ALEC 10 comp v3.3 200
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurrng 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 colloction request and major augment requests for
existing Caged, Cageless, and Virtual colloction arrangements. This charge recovers the cots
of the initial walkthrough to determine if there is suffcient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
suffcient DC power facilties exist in the premises to accmmodate 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 arrngement 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 accmmodate the
microwave antennae and other exterior facilties. This fee also includes the total time for the
Building Services Engineer to coordinate the entire projec.
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 spac. Minor
augments are those requests that require the Company to penorm 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.
Accss Card Administration. The Accss Card Administration rate covers activities associated
with the issuance and management of premises accss 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-recurrng charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial cage
and cageless collocation application. The Overhead Superstructure charge is designed to
recver Verizon's engineering, material, and installation costs for extending dedicated overhad
superstructure.
Facility Cable or Fiber Optic Patchcord PulllTermination-Engineering. The Facilit Cable or Fiber
Optic Patchcord PulllTermination-Engineering charge is applied per project to recover the
engineering costs of pullng and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution panel. The charge would also apply per project to recover the engineering cots of
pullng transmission cable from microwave antennae facilties on the rooftop to the colloction
cage or relay rack.
AlC 10 comp v3.3 201
Facilty 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 patchcord
terminated and is designed to recover the labor cost of terminating or disconnecting transmission
cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution paneL.
Fiber Cable. Pull-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 frm the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pulling
the CLEC's fiber cable into Verizon's central offce.
Fiber Cable Pull-Fire Retardant. This charge is associated with the fillng of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and 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 recvers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and.
virtual colloction application and major DC Power augments to existing arrangements. These
charges recover Verizon's engineering and installation costs for pullng and terminating DC power
cables to the 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 Gable
Material Charge wil 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 property, and contacting other agencies that could impact the provisioning of adjacent
colloction.
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.
AlEC 10 comp v3.3 202
Collocation Space Report. When requested by a CLEC, Verizon wil submit a report that
indicates Verizon's available collocation space in a particular premise. The report will be issued
within ten calendar days of the request. The report wil specify the amount of colloction spaceavailable at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report wil also include measures that Verizon is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required, by Verizon to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or penorm
inventory services for CLECs.
Facilty Pull (Microwave Only). The Facilty Pull charge is applied per linear foot and recvers the
labor cost of pullng transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Building Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilties 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 facilties that are not recovered via other microwave rate elements
wil be determined and applied on an individual case basis.
Virtual Equipment Installation. The Virtual Equipment Installation charge is applied on a pe quarter
rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineeing and
installation of the virtual collocation equipment. This charge would apply to the installatin of powere
equipment including, but not limited to, ATM, DSLAM, frme relay, router, OC3, OC12, OC24,
0C48, and NGDLC. This charge does not apply for the instllation of splitters.
Virtal Softare Upgrae. The Virtual Softare Upgrade charge is applie per base unit whn
Verizon, upon CLEC request, installs softre to upgrade equipment for an existing Virtual
Colloction arrngement.
Virtual Card Instllation. The Virtual Card Installation charge is applie per card whn Veroo¡ upo
CLEC request, installs additional cards for an existing Virtual Collotion arrngment.
Deicated Transit Service (DTS) Service Order Charg. Applied pe DTS order to the reueting
CLEC for recvery of DTS order placement and issuanc costs. The manual charge applies when
the semi-mechanized ordering intenace is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circit to th
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1, DS3,
and dark fiber circuit.
Dedicted Transit Service (DTS) - Service Connection Provisioning. Applied per DTS ord to th
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO,
DS1, DS3, and dark fiber circuit for DTS.
ALEC 10 comp v3.3 203
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 wil be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber ocupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Verizon's cable
vault.
Cable Rack Space-Metallc. The Cable Space-Metallc charge is applied for each 080, 081 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 SpaceFiber. The Cable Rack Space-Fiber charge recovers the space utilzation
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 facilty and utility expense to power the collocation equipment.
Facility Termination. This charge is applied per cable terminated. This charge is designed to
recver the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facilty 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 applie to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
AlC 10 comp v3.3 204
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 utiliztion cost that the CLEC's fiber,
metallic 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 recver the cots incurr 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,
0C48, and NGDLC. This charge does not apply for the maintenanc of spliters.
ALEC 10 comp v3.3 205
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
AITACHMENT
Technical Specifications and Requirements
for
ALEC - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (X
The following technical specifictions and requirements wil apply to ALEC - Verizon Northwest
Inc. Fiber Meet Arangement (NUMBER) ("FM No. (XX)":
1. FM No. (XX) wil provide interconnection facilities for the exchange of applicable traffc (as
set forth in the Amendment) between Verizon's (NAME OF TANDEM/END OFFICE) and
ALEC's (NAME OF TANDEM/END OFFICE) in the State of Idaho. A diagram of FM No.
(X is included as Exhibit A-1.
2. Fiber Meet Points C"FMPs").
2.1 FM No. (XX wil be configured as shown on Exhibit A-1. FM No. (XX wil have
two FMPs. Neither FMP is more than three (3) miles from the nearest Verizon
Tandem or End Offce.
2.2 Verizon wil provision a Fiber Network Intenace Device ("FNID") at (POLE XX,
STREET YV, TOWN ZZ, STATE) and terminate L- strands of its fiber optic
cable in the FNID. The FNID provisioned by Verizon will be a
(MANUFACTURER, MODEL). Verizon wil bear the cost of installing and
maintaining its FNID. The fiber patch panel within Verizon's FNID wil sere as
FMP NO.1. Verizon will provide a fiber stub at the fiber patch panel in Verizon's
FNID for ALEC to connec L- strands of its fiber cable L- connecors.
Verizon's FNID will be locked, but Verizon and ALECwil have 24 hour accss to
their respective side of the fiber patch panel located in Verizon's FNID.
2.3 ALEC wil provision a FNID at (POLE XX, STREET YV, TOWN ZZ, STATE) and
terminate L- strands of its fiber optic cable in the FNID. The FNID
provisioned by ALEC wil be a (MANUFACTURER, MODEL). ALEC wil bear the
cost of installng and maintaining its FNID. The fiber patch panel within ALEC's
FNID wil serve as FMP NO.2. ALEC wil provide a fibr stub at the fiber patch
panel in ALEC's FNID for Verizon to connect L- strands of its fiber cable.
ALEC's FNID wil be locked, but ALEC and Verizon wil have 24 hour acss to
their respective side of the fiber patch panel located in ALEC's FNID.
3. Transmission Characteristics.
3.1 FM No. (XX) wil be built (as a ring configuration).
3.2 The transmission intenace for FM No. (XX) wil be (Synchronous Optical Netw
("SONET")).
ALEC 10 comp v3.3 206
3.3 Terminating equipment shall comply with iSONET 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-PO().
3.6 The path switch protection shall be set as (Non-Revertive).
3.7 Verizon and ALEC 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) it 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 ALEC 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 ALEC wil, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. ALEC will 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, ALEC must
provide Verizon with fourteen (14) days advance written notice that describes the
upgrade or change to its firmware and states the date on which such firmware or
softare wil be activated in ALEC's Add Drop Multiplexer.
4.3 ALEC and Verizon wil monitor all firmware upgrades and changes to observe for
any failures or anomalie adversely affecting service or administration. If any
upgrade or change to firmware adversely affects service or administration of FM
No. (X), the firmware wil be removed 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
ALEC Add Drop Multiplexers of FM No. (XX.
5. Testing.
5.1 Prior to turn-up of FM No. (XX, Verizon and ALEC wil mutually develop and
implement testing procures for FM No. (X)
6. Connecting Facilty Assignment ("CFA") and Slot Assignment Allocation ("SAA")'
6.1 For one-way and two-way trunk arrangements, the SAA information wil be
turned over to ALEC as a final step of turn up of the FM No. (X).
6.2 For one-way trunk arrangements, Verizon wil control the CFA for the subtending
facilties and trunks connected to Verizon's slots and ALEC wil control the CFA
for the subtending facilities and trunks connected to ALEC's slots. ALEC will
place facilit 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
ALEC 10 comp v3.3 207
second half of the slots (for example, slots 7-12). If either Party 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 ALEC shall jointly
designate the slot assignments for Verizon's Add Drop Multiplexers and ALEC's
Add Drop Multiplexer in FM No. (X.
6.3 For two-way trunk arrangements, ALEC shall control the CFA for the subtending
facilities and trunks connected to FM No. (XX. ALEC shall place facilty and trnk
orders against the total available SAA capacity of FM No. (XX.
7. Inventory. Provisioning and Maintenance. Surveilance, and Restoration.
7.1 Verizon and ALEC wil inventory FM No. (XX) in their operational support
systems before the order flow begins.
7.2 Verizon and ALEC wil notify each other's respective Maintenance Control Ofce
, of all troubleshooting and scheduled maintenance activity to be penorme on FM
No. (X) 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 Part shall provide a timely response to the
other Part's action requests or status inquiries.
7.3 Verizon wil be responsible for the provisioning and maintenance of the FM No.
(X) transport facilities on Verizon's side of the FMPs, as well as delivering its
applicable traffc to the FMPs. ALEC wil be responsible for the provisioning and
maintenance of the FM No. (XX transport facilties on the ALEC's side of the
FMPs, as well as delivering its applicable traffc to the FMPs. As such, other
than payment of any applicable intercrrier 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. (X.
7.4 Verion and ALEC wil provide alarm surveillance for their respective FM No.
(XX transport facilties. Verizon and ALEC wil notify each othets respective
maintenance control offce of all troubleshooting and scheduled maintenanc
activity to be penormed on the facilit 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. (X.
8.1 Except as otherwise provided in this Section 8, all expenses and cots
associated with the construction, operation, use and maintenance of FM No. (X
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. (XX before it is use to
exchange traffc, the Part terminating the construction of FM No. (XX) wil
compensate the other Part for that Party's reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Part proposes to move or change FM No. (XX 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 wil compensate the other Part for that Part's
reasonable actual incurred construction and/or implementation expenses.
Augments, moves and changes to FM No. (XX) as set fort in this document
must be mutually agreed upon by the Parties in writing.
ALEC 10 comp v3.3 208
ALEC, INC.VERIZON NORTHWEST INC.
By:
TO BE EXECUTED AT A LATER DATE
Date:
ALEC 10 comp v3.3 209
ExhibitA-1
ALEC - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (X
City, State
AlEC 10 comp v3.3 210