20100623Application.pdf

2010 JUN 23 AM 9: l 9
20575 NW Von Neumann DR
Hilsboro, OR 97076
June 22,2010
V 2- tJ .: -lO - Ò~
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Dear Ms. Jewell:
Attached please find an original plus three copies of the interconnection agreement between
Triarch Marketing, Inc. and Verizon Northwest Inc.
If you have any questions concerning this filing, please contact me at 972-456-7551.S:¡J:m fl~
Kim Douglass
Sr. Staff Consultant - Regulatory and Government Affairs
Attachments
VbAJ-1-/O-OS-
AGREEMENT
by and between
TRIARCH MARKETING, INC.
and
VERIZON NORTHWEST INC.
FOR THE STATE OF
IDAHO
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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. Counterparts ..............................................................................................................9
12. Default.........................................................................................................................9
13. Discontinuance of Servce by Triarch .....................................................................9
14. Dispute Resolution....................................................................................................9
15. Force Majeure ..........................................................................................................10
16. Forecasts..................................................................................................................10
17. Fraud.........................................................................................................................10
18. Good Faith Performance.........................................................................................10
19. Headings ...................................................................................................................11
20. Indemnification ........................................................................................................11
21. Insurance..................................................................................................................12
22. Intellectual Property ................................................................................................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. Performance Standards .........................................................................................19
32. Point of Contact for Triarch Customers ................................................................19
33. Predecessor Agreements ............ ......................................................................... ..19
34. Publicity and Use of Trademarks or Service Marks .............................................20
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.........................................................................................................................22
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 ..........................................................................................................25
48. Waiver .......................................................................................................................25
49. Warranties ................................................................................................................25
50. Withdrawal of Services ...........................................................................................25
SIGNATURE PAGE .......................................................................................................................26
GLOSSARy....................................................................................................................................27
1. General Rule.............................................................................................................27
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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 Systems (OSS) Services ......................................................46
9. Poles, Ducts, Conduits and Rights.of.Way...........................................................52
10. Telephone Numbers ................................................................................................52
11. Routing for Operator Services and Director Assistance Traffc.......................53
12. Unauthorized Carrier Change Charges .................................................................53
13. Good Faith Performance.........................................................................................53
INTERCONNECTION A TT 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 Traffc..................62
6. Traffc Measurement and Biling over Interconnection Trunks ..........................63
7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
Act .............................................................................................................................64
8. Other Types of Traffc .............................................................................................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) Traffc ..................................70
Triarch 10 Camp v3.3a iii
12. Tandem Transit Traffic ............................................................................................ 72
13. Number Resources, Rate Center Areas and Routing Points ..............................73
14. Joint Network Implementtion and Grooming Process; Forecasting................74
15. Number Portabilty. Section 251(8)(2)..................................................................75
16. Good Faith Performance.........................................................................................77
TRAFFIC EXCHANGE ATTACHMENT.........................................................................................78
1. General...................................................................................................................... 78
2. Arrangements With Third Party Tandem Provider ............................................... 78
3. Initiating Traffc Exchange Under This Attachment.............................................79
4. Traffic Measurement and Billng ............................................................................79
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the
Act.............................................................................................................................80
6. Other Types of Traffic .............................................................................................81
7. Toll Free Service Access Code (e.g., 800/888/877) Traffic ..................................82
8. Number Resources, Rate Center Areas and Routing Points ..............................83
9. Number Portabilty. Secton 251(8)(2)..................................................................84
10. Good Faith Performance.........................................................................................86
RESALE ATTACHMENT ...............................................................................................................87
1. General......................................................................................................................87'
2. Use ofVerizon Telecommunications Services.....................................................87
3. Availabilty of Verizon Telecommunications Services ........................................88
4. Responsibility for Charges .....................................................................................88
5. Operations Matters ................... ................................. ............................... ...............89
6. Rates and Charges ..................................................................................................89
7. Good Faith Performance.........................................................................................90
NETWORK ELEMENTS ATTACHMENT ......................................................................................91
1. General......................................................................................................................91
2. Verizon's Provision of Netork 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 Interface 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. Maintenance of Network Elements ......................................................................119,
16. Combinations, Commingling, and Conversions ................................................119
17. Routine Network Modifications ............................................................................122
18. Rates and Charges ..........................................,......................................................123
19. Good Faith Performance.......................................................................................123
COLLOCATION ATTACHMENT .................................................................................................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 Performance.......................................................................................172
PRICING ATTACHMENT.............................................................................................................173
1. General....................................................................................................................173
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2. Verizon Telecommunications Services Provided to Triarch for Resale Pursuant
to the Resale Attachment................:.....................................................................173
3. Triarch Prices.........................................................................................................175
4. (This Section Intentionally Left Blank) ...............................................................175
5. Regulatory Review of Prices ...............................................................................175
APPENDIX A TO THE PRICING ATTACHMENT .......................................................................1n
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT.............................................................................................................................206
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AGREEMENT
PREFACE
This Agreement ("Agreement') shall be deemed effective as of June 15, 2010 (the "Effective
Date"), between Triarch Marketing, Inc. ("Triarch"), a corporation organized under the laws of the
State of Louisiana, with offces at 906 Julia Street, Rayvile, LA 71269 and Verizon Northwest
Inc. ('Verizon"), a corporation organized under the laws of the State of Washington with offces at
1800 41st Street, Everett, WA 98201 (Verion and Triarch 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 Triarch 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 fol" sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Part that has been accpted by the other
Part.
1 .2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Part that has been accpted by the other
Part, shall be resolved in accordance with the following order of precedence,
where the document identied 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 Part. 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 Partes on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on th subject matter hereof,
provided, however, notwithstanding any other proviion 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 interconnecn 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 constiute 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 rejecton of any interconnection or
resale agreements between Verizon and Triarch.
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modifed except by a written document that is signed by
Triarch 10 Camp v3.3a
the Parties. Subject to the requirements of Applicable Law, a Part 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 effectve as of th Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
unti June 14, 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 Triarch 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 oftermination at least ninety (90) days in
advance of the date of termination.
2.3 If either Triarch or Verizon provides notice of termination pursuant to Section 2.2
and on or before the proposed date of termination either Triarch 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 Triarch and Verizon; or, (b) the date one (1) year after the
proposed date of termination.
2.4 If either Triarch 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
Triarch 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 Part 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 Attachment
911 Attachment
Pricing Attachment
4. Applicable Law
4.1 The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
State of Idaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
Tnarch 10 Camp v3.3a 2
4.2 Each Part shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Part shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or offciaL.
4.4 Each Part shall promptly notify the other Part in writing of any governmental
action that limits, susends, cancels, withdraws, or otherwise materially affects,
the notifying Part's abilty to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceabilty shall not invalidate or render
unenforceable any oter 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 th invalidity or unenforceabilty materially affects the rights or
obligations of a Part hereunder or the abilty of a Part to perform any material
provision of this Agrement, 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.
4.6 If any legislative, regulatory, judicial or other governmental decision, order,
determination or actin, or any change in Applicable Law, materially affects any
material provision of this Agreement, the rights or obligations of a Part
hereunder, or the abiity of a Part to perform any material provision of this
Agreement, the Parts shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law. If within thirt (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 limied to, instituting an appropriate proceeding before the
Commission, the FCC, or a court of competent jurisdiction, without first pursuing
dispute resolution in accordance with Section 14 of this Agreement.
4.6.1 Notwithstading Section 4.6 above, to the extent Verizon is required
by a change in Applicable Law to provide to Triarch a Service that is
not offered under this Agreement to Triarch, 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 biling) shall be as provided in an applicable Verizon Tariff, or, in
the absence of an applicable Verizon Tariff, as mutually agre.ed by the
Parties in a written amendment to the Agreement that, upon the
request of either Party, the Parties shall negotiate in accordance with
the requirements of Section 252 of the Act. In no event shall Verizon
be required to provide any such Service in the absence of such a
Verizon Tariff or amendment.
4.7 Notwithstanding anyting in this Agreement to the contrary, if, as a result of any
legislative, judicial, reulatory or other governmental decision, order,
determination or actin, or any change in Applicable Law, Verizon is not required
by Applicable Law to provide any Service, payment or benefi, otherwise required
Triarch 10 Camp v3.3a 3
to be provided to Triarch hereunder, then Verizon may discontinue the provision
of any such Service, payment or benefi, and Triarch shall reimburse Verizon for
any payment previously made by Verizon to Triarch that was not required by
Applicable Law. Verizon wil provide thirt (30) days prior written notice to
Triarch 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 Part may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Part, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6. Assurance of Payment
6.1 Ufon request by Verizon, Triarch 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 Triarch (a)
prior to the Effective Date, has fai.led to timely pay a bil rendered to Triarch by
Verizon or its Affliates, (b) on or .after the Effective Date, fails to timely pay a bil
rendered to Triarch by Verizon or its Affliates, (c) in Verizon's reasonable
judgment, atthe Effective Date or at any time thereafter, is unable to
demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as
such debts become due, has commenced a voluntary case (or has had a case
commenced against it) under the U.S. Bankruptcy Code or any other law relating
to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment
of debts or the like, has made an assignment for the benefit of creditors or is
subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist
of an unconditional, irrevocable standby letter of credit naming Verizon as the
beneficiary thereof and otherwise in form and substance satisfactory to Verizon
from a financial institution acceptable to Verizon. The letter of credit shall be in
an amount equal to two (2) months anticipated charges (including, but not limited
to, both recurring and non-recurring charges), as reasonably determined by
Verizon, .fqrthe,.Seiyiçes to be providedby Verizon to. Triarch incqnnection with
this Agreement. If Triarch meets the condition in subsection 6.2( d) above or has
failed to timely pay two or more bils rendered by Verizon or a Verizon Affliate in
any twelve (12)-month period, Verizon may, at its option, demand (and Triarch
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
Triarch in respect of any amounts to be paid by Triarch hereunder that are not
paid within thirt (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, Triarch 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 accrdance with the terms of this Section,
then Verizon shall have no obligation thereafter to perfor under this Agreement
until such time as Triarch 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 Triarch from compliance with the requirements of this Agreement
(including, but not limited to, any applicable Tariffs) as to advance payments and
payment for Services, nor constitute a waiver or modification of the terms herein
pertaining to the discontinuance of Services for nonpayment of any amounts
payment of which is required by this Agreement.
7. Audits
7.1 Except as may be otherwise specifically provided in this Agreement, either Part
("Auditing Part) may audit the other Part's ("Audited Part") books, records,
documents, facilties and systems for the purpose of evaluating the accuracy of
the Audited Part's bils. Such audits may be performed once in each Calendar
Year; provided, however, that audits may be conducted more frequently (but no
more frequently than once in each Calendar Quarter) if the immediately
preceding audit found previously uncorrected net inaccuracies in billng in favor
of the Audited Part having an aggregate value of at least $1,000,000.
7.2 The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Part. The accountants shall be reasonably
acceptable to the Audited Part. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Part in a form reasonably
acceptable to the Audited Part that protects the confidentiality of the information
disclosed by the Audited Part to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Part
may require that the audit commence no later than sixt (60) days after the
Auditing Part has given notice of the audit to the Audited Part.
7.3 Each Part shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilties and systems,
.. rea~onably necessary to assess the accuracy .of tbe AlJ~itedPart'sb!II~.
7.4 Audits shall be performed at the Auditing Part's expense, provided that there
shall be no charge for reasonable access to the Audited Part's employees,
books, records, documents, facilties and systems necessary to assess the
accuracy of the Audited Party's bils.
8. Authorization
8.1 Verizon represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
Tnarch 10 Camp v3.3a 5
8.2 Triarch represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Louisiana, and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.3 Triarch Certification.
Notwithstanding any other provision of this Agreement, Verizon shall have no
obligation to perform under this Agreement until such time as Triarch has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in the State of Idaho. Triarch shall not
place any Orders under this Agreement unti it has obtained such authorization.
Triarch shall provide proof of such authorization to Verizon upon request.
9. Biling and Payment; Disputed Amounts
9.1 Except as otherwise provided in this Agreement, each Part shall submit to the
other Part on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Part under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts 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 biled Part. Payments shall be transmitted by
electronic funds transfer.
9.3 If any portion of an amount biled by a Part Ondér this Agreement is subject to a
good faith dispute between the Parties,.the billed Part shall give notice to the
biling Part of the amounts it disputes (nDisputed Amounts") and include in suchnotice the specific details and reasons for disputing each item. A Part may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Part at any time, either before or after an
amount is paid, and a Part's payment of an amount shall not constitute a waiver
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The biled Part shall pay by the Due Date
all undisputed amounts. Biling disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the biling Part that are not pai by the Due Date, shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the biling Part 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 m()th.
9.5 Although it is the intent of both Partes to submi timely statements of charges,
failure by either Part to present statements to the other Part in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the biling Part under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due, the billed Part shall not be
entitled to dispute the biling Part's statement(s) based on the biling Part's
failure to submit them in a timely fashion.
10. Confidentiality
Tnarch 10 Camp v3.3a 6
10.1 As used in this Section 10, "Confidential Information" means the following
information that is disclosed by one Part ("Disclosing Part") to the other Part
("Receiving Party") in connection with, or anticipation of, this Agreement:
10.1.1 Books, records, documents and other information disclosed in an audit
pursuant to Secton 7;
10.1.2 Any forecasting information provided pursuant to this Agreement;
10.1.3 Customer Information (except to the extent that (a) the Customer
information is published in a directory, (b) the Customer information is
disclosed through or in the course of furnishing a Telecommunications
Service, such as directory assistance, operator service, Caller 10 or
similar service, or L1DB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Part to
use and/or disclose the Customer Information);
10.1.4 information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
10.1.5 any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietary"; and
10.1.6 any information that is communicated orally or visually and declared to
the Receiving Part at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Part within ten
(10) days after disclosure, to be "Confidential" or "Proprietary".
Notwithstanding any other provision of this Agreement, a Part shall have the
right to refuse to accept recipt of information which the other Part has identified
as Confidential Information pursuant to Sections 10.1.5 or 10.1.6.
10.2 Except as otherwise provided in this Agreement, the Receiving Part shall:
10.2.1 use the Confidential Information received from the Disclosing Part
only in performance of this Agreement; and
10.2.2 using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential Information received from
the Disclosing Part in confidence and restrict disclosure of the
Confidentiallnformation solely to those of the Receiving Part's
Affliates and the directors, offcers, employees, Agents and
contractors of th Receiving Part and the Receiving Part's Affliates,
that have a need to receive such Confidential Information ill order to
perform the Receiving Part's obligations under this Agreement. The
Receiving Parts Affliates and the directors, offcers, employees,
Agents and contractors of the Receiving Part and the Receiving
Party's Affliates, shall be required by the Receiving Part to comply
with the provisions of this Section 10 in the same manner as the
Receiving Part. The Receiving Part shall be liable for any failure of
the Receiving Part's Affliates or the directors, offcers, employees,
Agents or contractors of the Receiving Part or the Receiving Part's
Affilates, to comply with the provisions of this Section 10.
Triarch 10 Camp v3.3a 7
10.3 The Receiving Part shall return or destroy all Confidential Information received
from the Disclosing Part, including any copies made by the Receiving Part,
within thirt (30) days after a written request by the Disclosing Part is delivered
to the Receiving Part, except for (a) Confidential Information that the Receiving
Part reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only.
10.4 Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was; at the time of receipt, already in the possession of or known to
the Receiving Part free of any obligation of confidentiality and
restriction on use;
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 Part or
the Receiving Part's Affliates;
10.43 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 Part;
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 Part shall have made
commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Party in order to enable the Disclosing
Part to seek protective arrangements.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Part may use and disclose Confidential Information received from the Disclosing
Part to the extent necessary to enforce the Receiving Part's rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Part 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 DisClôsirig'Pã'rt shall retaih all ofthe Disclosihg Parts right, title and
interest in any Confidential Information disclosed by the Disclosing Part to the
Receiving Part. Except as otherwise expressly provid 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 disclure of Confidential'
Information.
10.7 The provisions of this Secton 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.
Triarch 10 Camp v3.3a 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 thirt (30) days after written notice thereof from
the other Part, the other Part may, by written notice to the Defaulting Part, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
13. Discontinuance of Service by Triarch
13.1 If Triarch 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, Triarch shall send writtn notice of such
discontinuance to Verizon, the Commission, and each of Triarch's Customers.
Triarch shall provide such notice such number of days in advance of
discontinuance of its service as shan be required by Applicable Law. Unlss the
period for advance notice of discontinuance of service required by Applicable
Law is more than thirt (30) days, to the extent commercially feasible, Trirch
shall send such notice at least thirt (30) days prior to its discontinuance of
service.
13.2 Such notice must advise each Triarch Customer that unless action is taken by
the Triarch Customer to switch to a different carrier prior to Triarch's proposed
discontinuance of service, the Triarch Customer wil be without the service
provided by Triarch to the Triarch Customer.
13.3 Should a Triarch Customer subsequently become a Verizon Customer, Triarch
shall provide Verizon with all information necessary for Verizon to establih
service for the Triarch Customer, including, but not limited to, the Triarch
Customer's biled name, listed name, service address, and billing addres, and
the services being provided to the Triarch Customer.
13.4 Nothing in this Section 13 shall limit Verizon's right to cancel or terminate this
Agreement or suspend provision of Serices 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 Partes. 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
nonperformance and the name of an individual who will serve as the initiating
Part's representative in the negotiation. The other Part shan have ten
Business Days to designate its own representative in the negotiation. Th
Parties' representatives shall meet at least once within 45 days after the date of
Triarch 10 Camp v3.3a 9
the initiating Part's written notice in an attempt to reach a good faith resolution
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 Part's written notice, either Part may pursue any remedies
available to it under this Agreement, at law, in equity, or otherwise, including, but
not limited to, instituting an appropriate proceeding before the Commission, the
FCC, or a court of competent jurisdiction.
15. Force Majeure
15.1 Neither Part shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Part. Such Forc 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-performing Part shall give prompt
notification of its inabilty to perform to the other Part. During the period that the
non-performing Part is unable to perform, the other Part shall also be excused
from performance of its obligations to the extent such obligations are reciprocal
to, or depend upon, the performance of the non-performing Part that has been
prevented by the Force Majeure Event. The non-performing Part shall use
commercially reasonable efforts to avoid Of remove the cause( s) of its non-
performance and both Parties shall proceed to perform once the cause(s) are
removed or cease.
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall a
Force Majeure Event excuse either Part from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Part to settle any
labor dispute except as the non-performing Part, in its sole discretion,
determines appropriate.
16. Forecasts
In addition to any other forecasts required by this Agreement, upon request by Verizon,
Triarch shall provide to Verizon forecasts regarding the Services that Triarch expects to
purchase from Verizôn, including, but not limited to, forecasts regarding the types and
volumes of Services that Triarch expects to purchase and the locations where such
Services will be purchased.
17. Fraud
Triarch assumes responsibilty for all fraud associated with its Customers and accounts.
Verizon shall bear no responsibility for, and shall have no obligation to investigate or
make adjustments to Triarch's account in cases of, fraud by Triarch's Customers or other
third parties.
18. Good Faith Performance
Triarch 10 Camp v3.3a 10
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Part's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Verizon, prior to the Effective Date of
this Agreement, has not provided in the State of Idaho a Service offered under this
Agreement, Verizon reserves the right to negotiate in good faith with Triarch reasonable
terms and conditions (including, without limitation, rates and implementationtimeframes)
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
Agreements dispute resolution procedures.
19. Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20. Indemnification
20.1 Each Part ("Indemnifying Part") shall indemnify, defend and hold harmless the
other Part ("Indemnified Part"), the Indemnified Part's Affliates, and the
directors, offcers and employees of the Indemnified Part and the Indemnified
Part'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 acs or omissions of the Indemnifying Part, the
Indemnifying Part's Affliates, or the directors, offcers, employees, Agents or
contractors (excluding the Indemnified Part) of the Indemnifying Part or the
Indemnifying Part's Affliates, in connection with this Agreement.
20.2 Indemnification Process.
20.2.1 As used in this Section 20, "Indemnified Person" means a person
whom an Indemnifying Part is obligated to indemnify, defend and/or
hold harmless under Section 20.1.
20.2.2 An Indemnifyng Part's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person: (a) shall give the Indemnifying Part notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the Indemnified Person related to the
Claim and an estimate of the amount thereof); (b) prior to taking any
material action with respect to a Third Part Claim, shall consult with
the Indemnifyng Part as to the procedure to be followed in defending,
settling, or copromising 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
Part to assume the defense of a Third Party Claim (including, except
as provided below, the compromise or settlement thereof) at the
Indemnifying Part's own cost and expense, provided, however, that
the Indemnifi Person shall have the right to approve the
Indemnifying Party's choice of legal counseL.
Triarch 10 Camp v3.3a 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 Part, 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 Part Claim, the Indemnified Person shall be
entitled to partcipate 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 Part settle a Third Part Claim or
consent to any judgment with regard to a Third Part Claim without the
prior written consent of the Indemnified Part, which shall not be
unreasonably withheld, conditioned or delayed. In the event the
settlement or judgment requires a contribution from or affects the
rights of an Indemnified Person, the Indemnified Person shall have the
right to refuse such 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 Part shall
not be responsible for, nor shall it be obligated to indemnify or hold
harmless the Indemnified Person against, the Third Part Claim for
any amount in excess of such refused settlement or judgment.
20.2.8 The Indemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liabilty 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 Part Claim.
20.3 Each Part agrees that it will not implead or bring any action against the other
Part, the other Party's Affliates, or any of the directors, offcers or employees of
the other Part or the other Part's Affliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Part or the other Party's Affliate and that arises out of
performance of this Agreement.
20.4 Each Part's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
21. Insurance
21.1 Triarch shall maintain during the term of this Agreement and for a period of two
years thereafter all insurance required to satisfy its obligations under this
Triarch 10 Camp v3.3a 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 leastA-,
financial size category VII or greater. At a minimum and without limiting the
foregoing undertaking, Triarch shall maintain the following insurance:
21.1.1 Commercial General Liabilty Insurance, on an occurrence basis,
including but not limited to, premises-operations, broad for propert
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.
21.1.2 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.
21.1.3 Excess Liabilty Insurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
21.1.4 Worker's Compensation Insurance as required by Applicable Law and
Employer's Liabilty Insurance with limits of not less than $2,000,000
per occurrence.
21.1.5 All risk propert insurance on a full replacement cost basis for all of
Triarch's real and personal propert located at any Collocation site or
otherwise located on or in any Verizon premises (whether owned,
leased or otherwise occupied by Verizon), facility, equipment or right-
of-way.
21.2 Any deductibles, self-insured retentions or loss limits ("Retentions") for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Verizon pursuant to Sections 21.4 and 21.5, and Verizon reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibilty of Triarch.
21.3 Triarch shall name Verizon and Verizon's Affliates as additional insureds on the
foregoing liabilty insurance.
21.4 Triarch shall, within two (2) weeks of the Effective Date hereof at the time of eac
renewal of, or material change in, Triarch's insurance policies, and at such other
times as Verizon may reasonably specify, furnish certficates or other proof of th
foregoing insurance reasonably acceptable to Verizon. The certificates or other
proof of the foregoing insurance shall be sent to: Director-Negotiations, Verizon
Partner Solutions, 600 Hidden Ridge, HQEWMNOTICES, Irving, TX 75038.
21.5 Tiiarch shall require its contractors, if any, that may enter upon the prmises or
access the facilties 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 acceptabl
to Verizon in accordance with Section 21.4.
21.6 Failure of Triarch or Triarch'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.
Triarch 10 Camp v3.3a 13
21.7 Certificates furnished by Triarch or Triarch's contractors shall contain a clause
stating: "Verizon Northwest Inc. shall be notified in writing at least thirt (30)
days prior to cancellation of, or any material change in, the insurance."
22. Intellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be
. construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual propert,
now or hereafter owned, controlled or licensable by either Part. Except as
expressly stated in this Agreement, neither Part may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
propert right, of the other Part except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4, neither Part shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liabilty to, the other Part or its
Affliates or Customers based on or arising from any Third Part Claim alleging or
asserting that the provision or use of any service, facilty, arrangement, or
softare by either Part under this Agreement, Of the performance of any service
or method, either alone or in combination with the other Part, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual propert right of any Part or third person. Each Part,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDINGANYOTHER 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 Triarch agrees that the Services provided by Verizon hereunder shall be subject
to the terms, conditions and restrictions contained in any applicable agreements
(including, but not limited to softare or other intellectual propert license
agreements) between Verizon and Verizon's vendors. Verizon agrees to advise
Triarch, directly or through a third part, of any such terms, conditions or
restrictions that may limit any Triarch use of a Service provided by Verizon that is
otherwise permitted by this Agreement. At Triarch's written request, to the extent
required by Applicable Law, Verizon will use Verion's best efforts, as
commercially practicable. to obtain intellectual propert rights from Verizon's. .
vendor to allow Triarch to use the Service in the same manner as Verizon that
are coextensive with Verizon's intellectual propert rights. on terms and
conditions that are equal in quality to the terms and conditions under which
Verizon has obtained Verizon's intellectual proper rights. Triarch 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.
Triarch 10 Camp v3.3a 14
24. Law Enforcement
24;1 Each Part may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement, including, but not limited
to, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilities and equipment, and dialed number recording facilties and equipment.
24.2 A Part shall not have the obligation to inform the other Part 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 otherJines), or the installation of other
services, facilties or arrangements, a Part may act to prevent the other Part
from obtaining access to information concerning such lines, services, facilties
and arrangements, through operations support system interfaces.
25. Liabilty
25.1 As used in this Section 25, "Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
25:2 Except as otherwise stated in Section 25.5, the liabilty, if any, of a Part, a
Part's Affliates, and the directors, offcers and employees of a Part and a
Part's Affliates, to the other Part, the other Parts Customers, and to any
other person, for Claims ariing out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
25.3 Except as otherwise stated in Section 25.5, a Part, a Part's Affliates, and the
directors, offcers and emplyees of a Part and a Part's Affliates, shall not be
liable to the other Part, the other Part's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercil or economic loss, even if the person whose liabilty
is. e?5Gluded. by this Section has ~een a~visecl of the possibility of such darna9~es.
25.4 The limitations and exclusios of liability 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 liabilty, tort (including, but not limited to, negligence of a
Part), 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
Part may have under this Agreement.
Tnarch 10 Camp v3.3a 15
25.5.3 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;
25.5.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual propert interest;
25.5.5 under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
25.5.6 under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Commission.
25.6 In the event that the liability of a Part, a Part's Affliate, or a director, offcer or
employee of a Part pr a Part's Affliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liabilty of the Part ör
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 Part 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. Triarch 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 biled calls, callng card calls, and other
services related to this Agreement.
26.2 Responsibility 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 interfere with or impair the
sel\ic:~, network or facilities of the other Part or any third parties connected with
or involved directly in the network or facilties of the other. . .
26.3 Interference or Impairment. If a Part ("Impaired Party") reasonably determines
that the services, network, facilities, or methods of operation, of the other Part
("Interfering Part") will or are likely to interfere with or impair the Impaired Part's
provision of services or the operation of the Impaired Part's network or facilities,
the Impaired Part may interrupt or suspend any Service provided to the
Interfering Part to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.g., situations involving a risk of
bodily injury to persons or damage to tangible propert, or an
Tnarch 10 Camp v3.3a 16
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Part shall have given the Interfering Part at
least ten (10) days' prior written notice of the interference or
impairment or potential interference or impairment and the need to
correct the condition within said time period; and taken other actions, if
any, required by Applicable Law; and,
Upon corection of the interference 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 Interfering Part in
connection with the suspended Service.
26.4 Outage Repair Standard. In the event of an outge or trouble in any Serice
being provided by a Part hereunder, the Providing Part wil follow Verion's
standard procedures for isolating and clearing the outage or trouble.
26.3.2
27. Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28. Notice of Network Changes
If a Part makes a change in the information necessary for the transmission and routing
of services using that Part's facilties or network, or any other change in its facilites or
network that wil materially affect the interoperability of its facilties or network wi1h the
other Part's facilties or network, the Part making the change shall publish notic 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 atleast one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable law.
29. Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Part to
the other Part under this Agreement:
29.1.1
29.1.2
shall be in writing;
shall be delivered (a) personally, (b) by express delivery servic 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 Triarch:
Triarch 10 Camp v3.3a 17
Lance J. M. Steinhart
1720 Windward Concourse
Suite 115
Alpharetta, GA 30005
Telephone Number: [phone], Ext.: None
Facsimile Number: [phone]
Internet Address: Isteinhart~telecomcounsei.com
James E. Dupont
906 Julia Street
POB 330
Rayvile, LA 71269
Telephone Number: [phone], Ext.: None
Facsimile Number: [phone]
Internet Address: dupont~triarch.net
To Verizon:
Director-Negotiations
Verizon Parter 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 deliver, the next Business Day
after the notice is sent, (c) where the notice is sent via First Class U.S. Mail,
three (3) Business Days after mailng, (d) where notice is sent via certified or
registered U.S. mail, the date of receipt shown on the Postal Serice receipt, and
(e) where the notice is sent via facsimile telecopy, if th notice is sent on a
"BUsiness Day and before 5 PM. in the time zone where it is received;onth"e'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 confinnation.
Triarch shall notify Verizon, by written notice pursuant to this Section 29, of any
changes in the addresses or other Triarch contact information identified under
Section 29.1.3 above.
30. Ordering and Maintenance
Triarch shall use Verizon's electronic Operations Support System access platforms to
submit Orders and requests for maintenance and repair of Serices, and to engage in
Triarch 10 Camp v3.3a 18
other pre-ordering, ordering, provisioning, maintenance and repair transactions. If
Verizon has not yet deployed an electronic capabilty for Triarch to perform a pre-
ordering, ordering, provisioning, maintenance or repair, transaction offered by Verizon,
Triarch shall use such other processes as Verizon has made available for performing
such transaction (including, but not limited, to submission of Orders by telephonic
facsimile transmission and placing trouble reports by voice telephone transmission).
31. Performance Standards
31.1 Verizon shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law, including, but not limited to,
Section 251 ( c) of the Act.
31.2 Triarch shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32. Point of Contact for Triarch Customers
32.1 Triarch shall establish telephone numbers and mailng addresses at which
Triarch Customers may communicate with Triarch and shall advise Triarch
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 Triarch Customer, including, but
not limited to, a Triarch Customer request for repair or maintenance of a Verizon
Service provided to Triarch.
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 Part 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 wnting by the Parties, if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Actwassubject 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 Part 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
Tnarch 10 Camp v3.3a 19
Purchasing Party, 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
34.1 A Part, its Affliates, and their respective contractors and Agents, shall. not use
the other Part's trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Part has given its written consent for such use, which consent the other Part
may grant or withhold in its sole discretion.
34.2 Neither Part may imply any direct or indirect affliation with or sponsorship or
endorsement of it or its services or products by the other Part.
34.3 Any violation of this Secton 34 shall be considered a material breach of this
Agreement.
35. References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Verizon or third part guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36. Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
36.2 Nothing contained in this Agreement shall make either Part the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Part a franchise, distributorship or similar interest.
36.3 Except for provisions herein expressly authorizing a Part to act for another
, Part, nothing in this Agreement shall constitute a Part as a legalrepresel'tative
or Agent of the other Part, nor shall a Part have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Part 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 responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
Triarch 10 Comp v3.3a 20
applicable taxing authorities any taxes that it is required by Applicble Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement, no Part undertakes
to perform any obligation of the other Part, whether regulat or contractual, or
to assume any responsibilty for the management of the othe Part's business.
36.6 The relationship of the Parties under this Agreement is a noxclusive
relationship.
37. Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Part waives,
and each Part hereby expressly reserves, its rights: (a) to appeal or otherwse
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 lawflness and propriety
of, and to seek to change, any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission, the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
deemed to limit or prejudice any position a Part has taken or may take before
the Commission, the FCC, any other state or federal regulatory or legislative
bodies, courts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement.
37.2 Triarch acknowledges Triarch has been advised by Verizon that it is Verizon's
position that this Agreement contains certain provisions which are intended to
reflect Applicable Law and Commission and/or FCC arbitration decisions.
38. Subcontractors
A Part may use a contractor of the Part (including, but not limited to, an Affliate of the
Part) to perform the Part's obligations under this Agreement; provided, that a Part's
use of a contractor shall not release the Part from any duty or liability to fulfill the Part's
obligations under this Agreement.
39. Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
40. SUrvival
The rights, liabilities and obligations of a Part for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilties and
obligations of a Part under any provision of this Agreement regarding confidential
information (including but not limited to, Section 10), indemnification or defense
(including, but not limited to, Section 20), or limitation or exclusion of liabilty (including,
but not limited to, Section 25), and the rights, 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 performed after the expiration, cancellation or termination of this
Agreement, shall survive the expiration, cancellation or termination of this Agreement.
Triarch 10 Camp v3.3a 21
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, (aV"Tax") is required or permitted by
Applicable Law or a Tariff to be colected from the Purchasing Part by the
Providing Part, then (a) the Providing Part shall bil the Purchasing Part for
such Tax, as a separately stated item on the invoice, (b) the Purchasing Part
shall timely remit such Tax to the Providing Part and (c) the Providing Part
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
41.2 Taxes Imposed on the Providing Part or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Part, and such
Applicable Law permits the Providing Part to exclude certin receipts received
from sales to a public utilty, distributor, telephone company, local exchange
carrier, telecommunications company or other communications company
("Telecommunications Company"), such exclusion being based on the fact that
the Purchasing Part is also subject to a tax based upon receipts ("Receipts
Tax"), then the Purchasing Part shall pay and remit the Receipts Tax as
required by Applicable Law.
41.3 Taxes Imposed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third part, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscribet') in connection with any such purchase,. which a
Telecommunications Company is required to impose and/or collect frm 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 Part (a) shall impose and/or collect such Tax from the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
41.4 Tax Exemptions and Exemption Certificates. If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Part complies with such procedure, the Providing 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 Part shall not collect such Tax if the
Purchasing Part (a) furnishes the Providing Part with a letter signe by an
offcer requesting such an exemption and citing the provisin in the Apliable
Law which clearly allows such exemption and (b) supplies the Providing Part
with an indemnification agreement, acceptable to the Proviing Part, which
holds the Providing Party harmless on an after-tax basis with respec to its
forbearing to collect such Tax.
41.5 Liability for Uncollected Tax, Interest and Penalty.
41.5.1 If the Providing Part has not received an exemption certificate from
the Purchasing Part and the Providing Part faits to bill 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 unbiled Tax and any
interest assessed thereon and (b) the Providing Part shalf be liable
Triarch 10 Camp v3.3a 22
for any penalty assessed with respect to such unbilled Tax by a taxing
authority.
41.5.2 If the Providing Part properly bils the Purchasing Part for any Tax
but the Purchasing Part fails to remit such Tax to the Providing Part
as required by Section 41.2, then, as between the Providing Part and
the Purchasing Part, the Purchasing Part shall be liable for such
uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
41.5.3 If the Providing Part does not collect any Tax as required by Section
41.1. because the Purchasing Part has provided such Providing Part
with an exemption certificate that is later found to be inadequate,
invalid orinappllcable by a taxing authority, then, as between the
Providing Part an the Purchasing Part, the Purchasing Part shall
be liable for such uncollected Tax and any interest assessed thereon,
as well as any pelty assessed with respect to such uncollected Tax
by the applicable taxing authority.
41.5.4 If the Purchasing Part fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Part and the
Purchasing Part, (a) the Providing Part shall be liable for any Tax
imposed on its recipts 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 Part and the Purchasing Part, the Purchasing Part shall
remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. With respect to any
Tax that the Purchasing Part has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Part
agrees to indemnify and hold the Providing Part harmless on an after-
tax basis for any costs incurred by the Providing Part as a result of
actions taken by the applicable taxing authority to recover the Tax
from the Providing Part due to the failure of the Purchasing Part to
timely pay, or collect and timely remit, such Tax to such authority.
41.6 Audit Cooperation. In the event either Part is audited by a taxing authority, the
other Part agrees to cooperate fully with the Part being audited in order to
respond to any audit inqui(Ïesjo a proper andtimely manner so that the al.dit
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:
Triarch 10 Camp v3.3a 23
Verizon Communications
Tax Department
One Verizon Way, VC53S-221
Basking Ridge, NJ 07920
To Triarch:
Regulatory and Tax Consultants, LLC
POB 958303
3483 Satellte Blvd.
Suite 202
Deluth, Georgia 30096
Each Part may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42. Technology Upgrades
Notwithstanding any other provision of this Agreement, Verizon shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Verizon, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or faciltate Triarch's abilty to provide service
using certain technologies. Nothing in this Agreement shall limit Verizon's ability to
modify its network through the incororation of new equipment or softare or otherwise.
Triarch shall be solely responsible for the cost and activities associated with
accommodating such changes in its own network.
43. Territory
43.1 This Agreement applies to the territory in which Verizon operates as an
Incumbent Local Exchange Carrier in the State of Idaho. Verizon shall be
obligated to provide Services under this Agreement only within this territory.
43.2 Notwithstanding any other provision of this Agreement, Verizon may terminate
this Agreement as to a specific operating territory or portion thereof if Verizon
sells or otherwise transfers its operations in such territory or portion thereof to a
third-person. Verizon shall provide Triarch 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
theParties andtheir permitted cissI9ns, andnothing herein shall crElate()r~e ~onstrued. to provide any third-persons (inCluding, but not limited to, Customers or èòntráetors of a
Part) with any rights (including, but not limited to, any third-part beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Part shall have no liabilty
under this Agreement to the Customers of the other Part 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 Triarch of any rights it may have under
Section 252(i) results in the rearrangement of Services by Verizon, Triarch shall be solely
Tnarch 10 Camp v3.3a 24
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 effort to ensure that its Customers
comply with the provisions of this Agreement (induding, but not limited to the provisions
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48. Waiver
A failure or delay of either 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
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49. Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE, OR OTHERWISE.
50. Withdrawal of Services
50.1 Notwithstanding anyting 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
Triarch.
50.2 Notwithstanding anyting contained in this Agreement, except as otherwise
required by Applicable Law, Verizon may with thirt (30) days prior written notice
to Triarch terminate any provision of this Agreement that provides for the
payment by Verizon to Triarch of compensation related to traffc, induding, but
not limited to, Reciprocal Compensation and other types of compensation for
termination of traffc delivered by Verizon to Triarch. Following such termination,
except as otherwise agreed in writing by the Parties, Verizon shall be obligated to
provide compensation to Triarch related to traffc only to the extent required by
Applicable Law. If Verizon exercises its right of termination under this Section,
the Parties shall negötiatêii19ôod faith appropriaté substitiiteprovisionS 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 Triarch 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 Part may submit
their disagreement to dispute resolution in accordance with Section 14 of this
Agreement.
Triarch 10 Camp v3.3a 25
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
TRJ~ETING' ~C.
By: r:~. X1
Pnnted: James E. Dupont
Title: President
Triarch ID Camp v3.3a 26
VERIZON NORTHWEST INC.By ~~
Printed: Jennifer Ross
Title: Director - Interconnection
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 Docment, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
partcular 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 fort by the FCC.
2.3 Affliate.
Shall have the meaning set forth in the Act
2.4 Agent.
An agent or servant.
2.5 Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.6 AU (Automatic Location Identification) Database.
The emergency services (E-911) database controlled by Verizon containing
Triarch 10 Camp v3.3a 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ("NENA") 10, Call Back Number, and other
carrier information use to process caller location records.
2.7 Ancilary Traffc.
All traffc that is destined for ancilary services, or that may have special billng
requirements, including but not limited to the following: directory assistance,
911/E-911, operator services (IntraLATA call completion), IntraLATA third part,
collect and 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 callng part.
2.9 Applicable Law.
All effective laws, govenment regulations and government orders, applicable to
each Part's performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term "Applicable Law" means
the Federal Unbundling Rules.
2.10 ASR (Access Service Request).
An industry standard fÐrm, which contains data elements and usage rules used
by the Parties to add, establish, change or disconnect services or trunks for the
purposes of interconnetion.
2.11 ATIS.
The Allance for Telecomunications Industry Solutions.
2.12 BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Part's request that the other Part provide a
UNE that it is not otherise 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 Decber.
2.16 (Intentionally Left Blank).
2.17 Call Back Number.
Triarch 10 Camp v3.3a 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 calL.
2.19 Central Offce.
An End Offce or Tandem. Sometimes this term is used to refer to a telephone
company btJilding 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 Carrer).
Any Local Exchange Carrier other than Verizon that is operating as a Local
Exchange Carrier in the territory in which Verizon operates as an ILEC in the
State of Idaho. Triarch is or shortly wil become a CLEC.
2.23 CLL! Codes.
Common Language Location Identifier Codes.
2.24 CMOS (Centralized Message Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billng System
(CABS) records.
2.25 Commission.
Idaho Public Utilties Commission.
2.26 Controlling 911 Authority.
The duly authorized state, county or locl government agency empowered by law
to oversee the 911/E-911 services, operations and systems within a defined
jurisdiction.
2.27 CPN (Callng Part Number).
A CCS parameter that identifies the callng part's telephone number.
2.28 CPNI (Customer Proprietary Network Information).
Triarch 10 camp v3.3a 29
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. § 222.
2.29 Cross Connection.
For a collocation arrangement, the facilities between the collocating Part's
equipment and the equipment or facilties of the housing Part (such as the
. housing Part's digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.30 Customer.
A third part 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
accssible terminal, such as the fiber distribution frame, or its functonal
equivalent, located within a Verizon End Offce, and Verizon's accesible
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 carryng
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 VerizolÍ
¡ switches (as identified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DSO-, 081-, or DS3-epacity transmission facility between Verizon switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffce facilties ("I OF"). Dedicated Transport does not include
any facilty that does not connect a pair of Verizon UNE Wire Centers.
2.34 Default PSAP.
The PSAP designated by the Controllng 911 Authority to receive a 911/E-911
Call when it is not feasible to route that 911Æ-911 Call to the Designated PSAP.
2.35 Designated PSAP.
The primary PSAP designated by the Controllng 911 Authority to receive a
911/E-911 Call based upon the geographic location of the end user.
2.36 Digital Signal LeveL.
One of several transmission rates in the time-division multiplex hierarchy.
2.37 Discontinued Facility.
Any facilty, element, arrangement or the like that the Federal Unbundling Rules
do not require Verizon to provide on an unbundled basis to Triarch, whether
because the facility was never subject to an unbundling requirement under the
Tnarch 10 Camp v3.3a 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 DS1 (Digital Signal Level 1 ).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.40 DS1 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
2.41 DS3 (Digital Signal Level 3).
The 44.736 Mbps third-level signal in the time-ivision 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 distributon frame (or its
equivalent) in an end user's serving UNEWire Center and the demarcation point
at the end user customer's premises, suitable for the transport of isochronous
bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Verizon TR 72575, as revised from time
to time. A DS3 Loop requires the electronics necessary to provide the DS3
transmission rate.
2.44 EMI (Exchange Message Interface).
Standard used for the interexchange of telecommunications message information
between local exchange carriers and interexchange carriers for bilable, non-
billable, sample, settement and study data. Data is provided between
companies via a unique record layout that contains Customer billng information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Offce.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
. to a telephone company building in which switching systems and telephone
equipment are installed.
2.46 (Intentionally Left Blank).
2.47 Exchange Access.
Shall have the meaning set forth in the Act.
2.48 Extended Local Callng Scope Arrangement.
Triarch 10 camp v3.3a 31
An arrangement that provides a Customer a local callng scope (Extended Area
Service, "EAS"), outside of the Customer's basic exchange serving area.
Extended Local Callng Scope Arrangements may be either optional or non-
optionaL. "Optional Extended Local Callng Scope Arrangement Traffc" is traffc
that under an optional Extended Local Callng Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.49 FCC.
The Federal Communicatins Commission.
2.50 FCC Internet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, In the
Matter of Implementation of the Loca Competition Provisions in the
Telecommunications Act of 1996, Intercarrer Compensation fo ISP Bound
Traffc, FCC 01-131, CC Docket Nos. 96-98 and 99-68,16 FCC Rcd 9151
(adopted April 18, 2001) (hereinafter the "April 18. 2001 FCC Internet Ordet';
and, (b) Order on Remand and Repor and Order and Further Notice of Proposed
Rulemaking, In the Matter of High-Cot Universal Service Suppor; Federal-State
Joint Board on Universal Service; Lifeline and Link Up; Universal Service
Contribution Methodology; Numbering Resource Optimization; Implementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified Interc"ier Compensation Regime; Intercarrier
Compensation for ISP-Bound Traffc; IP-Enabled Services, FCC 08-262, CC
Docket Nos. 96-45, 96-98, 99-68, 99-200, 01-92, WC Docket Nos. 03-109, 04-
36,05-3;37,06-122 (adopted November 5,2008) (hereinafter the "November 5,
2008 FÇC Internet Ordet'. .
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.52 Federal Unbundling Rules.
Any lawful requirement to provide accss to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Verizon by
the FCC pursuant to both 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51. Any
reference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51.
2.53 Feeder.
The fiber optic cable (lit or unlit) or metallc portion of a Loop between a serving
End Offce and a remote terminal or feeder/distribution interface.
2.54 FNID (Fiber Network Interfce Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of optical fibers between two separate network providers.
2.55 FTTP Loop.
A Loop consisting entirely of fiber opti cable, whether dark or lit, that extends
Triarch 10 Camp v3.3a 32
from the main distribution frame (or its equivalent) in an end user's serving End
Offce to the demarcation point at the end user's customer premises or to a
serving area. interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer prises
demarcation point, provided that all copper or coaxial distrbu facilties
extending from such serving area interface are not more than 500 feet from the
demarcation point at the respective end users' customer preres; provided,
however, that in the case of predominantly residential multiple dwellng units
(MDUs), an FTP 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 interface 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 facilities extending from
such serving area interface are not more than 500 feet from the MPOE at the
multiunit premises.
2.56 House and Riser Cable.
A two-wire metallc distribution facilty in Verizon's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an "MPOE") and the Rate Demarcation Point for such 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
Triarch 10 Camp v3.3a 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 Interface-ISDN (BRI-
ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate Interface-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
2.68 IXC (Interexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, InterLATA or
IntraLATA Telephone Toll Services.
2.69 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.70 LEC (Local Exchange Carrer).
Shall have the meaning set forth in the Act.
2.71 LERG (Local Exchange Routing Guide).
A Telcordia Technologies reference containing NPAlNXX routing and homing
information.
2.72 L1DB (Line Information Data Base).
Line Information databases which provide, among other things, callng card
validation functionality for telephone line number cards issued by Verizon and
other entities and validation data for collect and third number-billed calls (e.g.,
data for biled number screening).
2.73 (Intentionally Left Blank).
2.74 Line Side.
An End Offce connection that provides transmission, switching and optional
features suitable for Customer connection to the public switched network,
Tnarch 10 Camp v3.3a 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 utilize any of several technologies.
2.76 LSR (Local Service Request).
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
Telecommunications Services and Network Elements.
2.77 Maintenance Control Offce.
Either Part's center responsible for control of the maintenance and repair of a
circuit.
2.78 MDF (Main Distribution Frame).
The primary point at which outside plant facilties teninate within an
Interconnection Wire Center, for interconnection to other Telecommunications
facilities within the Interconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a switching
system.
2.79 Measured Internet Traffc.
Dial-up, switched Internet Traffc originated by a Customer of one Part on that
Part's network at a point in a Verizon local callng area, and delivered to a
Customer or an Internet Service Provider served by the other Part, on that other
Part's network at a point in the same Verizon local callng area. Verizon local
callng areas shall be as defined by Verizon. For the purposes of this definition, a
Verizon local 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 Traffc. For the avoidance of any doubt, Virtal Foreign Exchange Traffc
(Le., V/FX Traffc) (as defined in the Interconnection Attachment) does not
constitute Measured Internet Traffc.
2.80 MECAB (Multiple Exchange Carrier Access Billing).
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 billng of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.81 MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - Industry Support Interface).
Tnarch 10 Camp v3.3a 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 Accss 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 certin Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4 digit line number.
2.85 Network Element.
Shall have the meaning stated in the Act.
2.86 NID (Network Interface Device).
The Verizon provided interface terminating Verizon's Telecommunications
network on the propert where the Customer's service is located at a point
determined by Verizon. The NID contains an FCC Part 68 registered jack from
which Inside Wire may be connected to Verizon's network.
2.87 911/E-911 Call(s).
Call(s) made by the Triarch 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 traffc 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 unti
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 10-digit telephone number within the NANP. There are two general
categories of NPA, "Geographic NPAs" and "Non-Geographic NPAs". A
Geographic NPA is associated with a defined geographic area, and all telephone
numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access
Tnarch 10 Camp v3.3a 36
Code" or "SAC Code" is typically associated with a specialized
Telecommunications Service that may be provided across multiple geographic
NPA areas. 500, 700. 800, 888 and 900 are examples of Non-Geographic
NPAs.
2.91 NXX, NXX Code, Central Offce Code or CO Code.
The three-digit switch entity indicator (Le. the first three digits of a seven-digit
telephone number).
2.92 Order.
An order or application to provide, change or terminate a Service (including, but
not limited to, a commitment to purchase a stated number or minimum number of
lines or other Service for a stated period or minimum period of time).
2.93 Originating Switched Access Detail Usage Data.
A category 1101XX reord as defined in the EMI Telcordia Practice BR-010-200-
010.
2.94 POi (Point of Interconnection).
The physical location where the Parties' respective facilties physically
interconnect for the purpose of mutually exchanging their traffc. As set forth in
the Interconnection Attchment, a Point of Interconnection shall be at (i) a
technically feasible poit on Verizon's network in a LATA and/or (ii) a fiber meet
point to which the Partes mutually agree under the terms of this Agreement. By
way of example, a tecnically feasible Point of Interconnection on Verizon's
network in a LATA would include an applicable Verizon Tandem Interconnection
Wiré Center or Verizon End Offce Interconnection Wire Center but,
notwithstanding any oler provision of this Agreement or otherwise, would not
include a Triarch Intercnnection Wire Center, Triarch switch or any portion of a
transport facilty providd by Verizon to Triarch or another part between (x) a
Verizon Interconnection Wire Center or switch and (y) the Interconnection Wire
Center or switch of Trirch or another part.
2.95 Primary Reference Sorce.
Equipment that provides a timing signal to synchronize network elements.
2.96 Principal Document.
This document, includig, but not limited to, the Title Page, the Table of
Contents, the Preface, the General Terms and Conditions, the signature page,
this Glossary, the Attments, and the Appendices to the Attachments.
2.97 Providing Part.
A Part offering or providing a Service to the other Part under this Agreement.
2.98 PSAP.
Public Safety Answeñg Point.
2.99 Purchasing Part.
Triarch 10 Camp v3.3a 37
A Part requesting or receiving a Service from the other Part under this
Agreement.
2.100 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules,. under this
Agreement or a Verizon UNE Tariff.
2.101 Qualifying Wholesale Services.
Wholesale services obtined 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
Practicè BR-795-100-100, the Rate Center Point may be an End Offce location,.
or a "LEC Consortium Point of Interconnection".
2.104 Rate Demarcation Point.
The physical point in a Verizon provided network facilty at which Verizon's
responsibilty for maintaining that network facilty ends and the Customer's
responsibilty for maintaining the remainder of the facilty begins, as set forth in
this Agreement, Verizon's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law. .
2.105 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251(bX5) of the Act,
the FCC Internet Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffc.originating on one Part's network and terminating on the other 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 Party on that Part's
network and terminated to a Customer of the other Part on that other Part's
network, except for Telecommunications traffc that is interstate or intrastate
Exchange Access, Information Access, or exchange services for Exchange
Access or Information Access. The determination of whether
Telecommunications traffc is Exchange Access or Information Access shall be
based upon Verizon's local callng areas as defined by Verizon. Reciprocal
Triarch 10 Camp v3.3a 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 communicaüon; (3) Toll Traffc,
including, but not limited to, calls originated on a 1+ presubscription basis, or on
a casual dialed (1 OXX101XX) basis; (4) Optional Extended Locl Callng
Scope Arrangement Traffc; (5) special access, private line, Frame Relay, ATM,
or any other traffc that is not switched by the terminating Part; (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 Arrngement, 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 Carrers.
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, facmty or arrangement,
offered by a Part 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.. ,d'"
the American National Standards Institute (ANSI). Verizon and Triarch utmze this
out-of-band signaling protocol in relation to their routing and completion of traffc.
2.112 Subsidiary.
A corporation or other person that is controlled by a Part.
2.113 Sub-Loop Distribution Facmty.
A two-wire or four-wire metallc distribution facility in Verizon's network between a
Verizon feeder distribution interface ("FDI") and the Rate Demarcaüon Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
Triarch 10 Camp v3.3a 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 bè limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
2.115 Tandem.
A switching entity that has billng and recording capabilties and is used to
connect and switch trunk circuits between and among End Offces and between
and among End Offces and carriers' aggregation points, points of termination, or
points of presence, and toprovide Switched Exchange Access Services.
Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
2.116 Tariff.
2.116.1 Any applicable Federal or state tariff of a Part, as amended from time
to time; or
2.116.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Part offers a Service.
The term "Tariff' does not include any Verizon Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.117 Telcordia Technologies.
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
2.118 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.119 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.120 Telephone Exchange Service.
Shall have the meaning set forth in the Act.r-', ,', .', ',",.,...:' ',... ~'." " ',",' "" '. .':_'0_. . '..',~
2.121 Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.122 Third Part Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Part, (b) a settlement with, judgment by, or liability to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Part.
Triarch 10 Camp v3.3a 40
2.123 Toll Traffc.
Traffc that is originated by a Customer of one Part on that Part's network and
terminates to a Customer of the. other Part on that other Part's network and is
not Reciprocal Compensatin "Faffc, 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
Traffc) by the total number of minutes of interstate and intrastate traffc.
((Interstate Traffc Total Minutes of Use (excluding Measured Internet Traffc
Total Minutes of Usel + (Interstate Traffc Total Minutes of Use + Intrastate Traffc
Total Minutes of UseH x 1(0). Until the form of a Part's bills is updated to use
the term "Traffc Factor 1", the term "Traffc Factor 1" may be referred to on the
Part's bils and in biling related communications as "Percent Interstate Usage"
or "PIU".
2.126 Traffc 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 Traffc by the combined total number of minutes of
intrastate traffc and Measured Internet Traffc. (HReciprocal Compensation
Traffc Total Minutes of Use + Measured Internet Traffc Total Minutes of Usel +
(Intrastate TraffcTotal Minutes of Use + Measured Internet Traffc Total Minutes
of UseH x 100). Until the for 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
billing related communications as "Percent Local Usage" or "PLU".
2.127 Triennial Review Remand Order (TRRO).
The FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-
338, released on February 4, 2005.
2.128 Trunk Side.
Triarch 10 Camp v3.3a 41
A Central Offce Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carriets 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 Ofce Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Ofce and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digitaL. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.130 UNE Wire Center.
Shall have the same meaning as "Wire Center" set forth in 47 C.F.R. § 51.5.
2.131 Vand H Coordinates Method.
A method of computing airline miles between two points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.132 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO" or "sub-DS1" may also be used.
2.133 xDSL.
As defined and offered in this Agreement. The small "x" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavot'.
Triarch 10 Camp v3.3a 42
ADDITIONAL SERVICES ATTACHMENT
1. Alternate Biled Calls
1.1 The Parties wil engage in settlements of intraLA T A intrastate alternate-biled
calls~, collect, callng card, and third-part biled calls) originated or
authorized by their respective Customers in accordance with an arrangement
mutually agreed to by the Parties.
2. Dialing Parity - Section 251(b)(3)
Each.Part shall provide the other Part with nondiscriminatory access to such services
and information as are necessary to allow the other Part 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 will provide directory services to
Triarch. Such services wil be provided in accordance with the terms set forth herein.
4.1 Listing Information.
As used herein, "Listing Information" means a Triarch Customets primary name,
address (including city, state and zip coe), telephone numbes), 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.
Triarch 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 Billng Forum developed) all Listing Information and theservice address for each Triarch Customer whose service address locatin falls
within the geographic area covered by the relevant Verizon directory. Triarch
shall also provide to Verizon on a daily basis: (a) information showing Triarch
Customers who have disconnected or terminated their service with Triarc; and
(b) delivery information for each non-listed or non-published Triarch Customer to
enable Verizon to perform its directory distribution responsibilites. Verizon shall
promptly provide to Triarch (normally within fort-eight (48) hours of receipt by
Verizon, excluding non-business days) a query on any listing thatis not ,.
acceptable.
4.3 Listing Inclusion and Distribution.
Verizon shall include each Triarch 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 Triarch 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
Tnarch 10 Camp v3.3a 43
number. Listings of Triarch's Customers shall be interfled with listings of
Verizon's Customers and the Customers of other LECs included in the Verizon
directories. Triarch shall pay Verizon's Tariffed charges for additional, foreign,
and other listings products (as documented in local Tariff for Triarch's
Customers.
4.4 Verizon Information.
Upon request by Triarch, Verizon shall make available to Triarch 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 Triarch, 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 Triarch Listing Information the same level of confidentiality
that Verizon accrds its own listing information, and shall use such Listing
Information solely for the purpose of providing direcory-related services;
provided, however, that should Verizon elect to do so, it may use or license
Triarch Listing Information for directory publishing, direct marketing, or any other
purpose for which Verizon uses or licenses its own listing information, so long as
Triarch Customers are not separately identified as such; and provided further that
Triarch may identify those of its Customer who request that their names not be
sold for direct marketing purposes and Verizon shaD honor such requests to the
same extent that it does for its own Customers. Verizon shall not be obligated to
compensate Triarch for Verizon's use or licensing of Triarch Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable effors to ensure the accurate
publication of Triarch Customer listings. At Triarch's request, Verizon shall
provide Triarch with a report of all Triarch Customer listings in a reasonable
timeframe prior to the service order close date for th applicable directory.
Verizon shall process any corrections made by Triarch with respect to its listings,
provided such corrections are received prior to the close date of the particular
directory.
4.7 Indemnification.
Triarch shall adhere to all practices, standards, and ethical requirements
established by Verizon with regard to listings. By providing Verizon with Listing
Information, Triarch warrants to Verizon that Triarch has the right to provide such
Listing Information to Verizon on behalfof its Customers. Triarchshall make
commercially reasonable efforts to ensure that any business or person to be
listed is authorized and has the right (a) to provide the product or service offered,
and (b) to use any personal or corporate name, trade name, trademark, service
mark or language used in the listing. Triarch agrees to release, defend, hold
harmless and indemnify Verizon from and against any and all claims, losses,
damages, suits, or other actions, or any liability whatsoever, suffered, made,
instituted, or asserted by any person arising out of Verizon's publication or
dissemination of the Listing Information as provided by Triarch hereunder.
4.8 Liability.
Triarch 10 Camp v3.3a 44
Verizon's liabilty to Triarch in the event of a Verizon error in or omission of a
Triarch Customer listing shall not exceed the amount actually paid by Triarch to
Verizon for such listing. Triarch agrees to take all reasonable steps, including,
but not limited to, enterng into appropriate contractual provisions with its
Customers, to ensure that its and Verizon's liabilty to Triarch'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 Taris.
4.9 Service Information Pages.
Verizon shall include all Triarch 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 director. Triarch's NXX codes shall appear in such lists in the
same manner as Verizon's NXX information. In addition, when Triarch is
authorized to, and is offering, local service to Customers located within the
geographic area covered by a specific directory, at Triarch's request, Verizon
shall include, at no charge, in the "Customer Guide" or comparable section of the
applicable alphabetica directories, Triarch's critical contact information for
Triarch's installation, repair and Customer service, as pwvided by Triarch. Such
critical contact information shall appear alphabetically by local exchange carrier
and in accordance with Verizon's generally applicable policies. Triarch shall be
responsible for providing the necessary information to Verizon by the applicable
close date for each affcted direcory.
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.
Triarch acknowledges that if Triarch 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 Setion 5, (a) Voice Information Service means a service
that provides (i) recorded voice announcement information or (ii) a vocal
discussion program open to the public, and (b) Voice Information Service Traffc
means intraLA T A switched voice traffc, delivered to a Voice Information Service.
Voice Information Serve Traffc does not include any form of Internet Traffc.
Voice Information Servce Traffc also does not include 555 traffc or similartraffc
with AIN service interfaces, which traffc shall be subject to separate
arrangements between the Parties. Voice Information Service Traffc is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
't'"
5.2 If a Triarch Customer is served by resold Verizon dial tone line
Telecommunications Service, to the extent reasonably feasible, Verizon wil route
Voice Information Serve Traffc originating from such Service to the appropriate
Voice Information Serve connected to Verizon's network unless a feature
blocking such Voice Information Service Traffc has been installed. For such
Voice Information Serve Traffc, Triarch shall pay to Verizon without discount
Triarch 10 Camp v3.3a 45
any Voice Information Service provider charges biled by Verizon to Triarch.
Triarch shall pay Verizon such charges in full regardless of whether or not Triarch
collects such charges from its Customer.
Triarch shall have the option to route Voice Information Servic T,. ..
originates on its own network to the appropriate Voice Informatl Servi.
connected to Verizon's network. In the event Triarch ..rc: Slh optiø,
Triarch wil establish, at its own expense, a dedicated4nk ~ to the Verizon
Voice Infoation Service serving switch. This trunk trup wibeutilizec to
allow Trirch to route Voice Information Service Tra1l orint on its network
to Venzon. For such Voice Information Service TI".lich has
enterii. wr agreement with Verizon und . wil colectfrom Tft'. Custoer and remit to Verizon the ~ Service
prO\ers chges, Triarch shall pay to Verizon .._Cl~..y Voice
Information Service provider charges biled by ~ "'~. Tri$l'ch ~tiall
pay Verizon such charges in fuil regardless of ~ OfnjJf'rch cQlec
such charges from¡ts own Customer.
6. Intercept and Referral Announcements
5.3
.,.....
. If',
6.1 When a Customer changes its seice provider from Vøon to Triarch, or from. -
Triarch to Verizon, and does not retain its original telhone number, the Part
formerly providing service to such Customer shall provide a .-erral
announcement ("Referral Announcement') on the abando teephone number
which provides the Customer's new number or other appropriate information, to
the extent known to the Part formerly providing service. Notwithstanding the
foregoing, a Pw shall not be obligated under this Section to provide a Referral
Announc8lt if the Customer owes the Part unpaid overdue amounts or the
Customer reues that no Referral Announcementbe provided.
6.2 Referfåi Announcements shall be provided, in the case of business Customers,
for ~per of_notless than one hundred and twenty (120) days after the date the
Customer chànges its telephone number, and, in the case of residential 'L._ '
Customers. not less than thirt (30) days after the date the Customer changes its
telephon numbw,.ïdtit if a longer time period is required by Applicable
Law, suctlG tl. ""shall apply. Except as otherwise provided by
Applicable Law, th periOd for a referral may be shortened by the Part formerly
providing service if a numbe shortge condition requires reassignment of the
telephone numbe.
6.3 This referral announcet wi be provided by Et Part at no charge to the
other Part; provided that the Part formerly providi service may bil the
Customer its standard T8f elrg, if any, for the refel announcement.
,7. e,Qriginating L.ine NumberScre4ning,(Ql.L
Upon Triarct:(srequest, Verizon will update its dataase use to provide originating line
number screening (the database of information whh indicates to an operator the
acceptable biling methods for calls originating from the calling 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:
Triarch 10 Camp v3.3a 46
8.1.1 Verizon Operations Support Systems: Verizon systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billng.
8.1.2 Vêrizon 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 Triarch Usage Information to
Triarch pursuant to Section 8.3 of this Attachment; and, (b) "Verizon
OSS Information", as defined in Section 8.1.4 of this Attachment.
8.1.3 Verizon OSS Facilities: Any gateways, interfaces, databases,
facilties, equipment, softare, or systems, used by Verizon to provide
Verizon OSS Services to Triarch.
8.1.4
..' :::
"';-;".:
I' ~..
Verizon OSS Information: Any information accessed by, or disclose
0~lgr9~ided to, Triarch,.through or as a part of Verizon OSS Services.
~e t.erm :yerizpn, asS .Information" includes, but is not limited to: (a)
. any Customer Information related to a Verizon Customer or a Triarch
Customer accessed by, or disclosed or provided to, Triarc through or
as a part of Verizon OSS Services; and, (b) any Triarch Usage
Information (as defined in Section 8.1.6 of this Attachment) accessed
by, or disclosed or provided to, Triarch.
. .
8.1.5 Verizon-Retail Telecommunications Service: Any Telecommunications
Service that Verizon provides at retail to subscribers that are not
Telecommunications Carriers. The term "Verizon Retail
Telecommunications Service" does not include any Exchange Access
service (as defined in Section 3(16) of the Act, 47 U.S.C. § 153(16))
provided by Verizon.
8.1.6 Triarch Usage Information: For a Verizon Retail Telecommunications
Service purchased by Triarch pursuant to the Resale Attachment, the
usage information that Verizon would record if Verizon was furnishing
such Verizon Retail Telecommunications Service to a Venzon 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
8.2.2
8.2.3
Triarch 10 Camp v3.3a
Upon request by Triarch, Verizon shall provide to Triarch Verizon OSS
Services. Such Verizon OSS Services will be provided in accordance
with, but only to the extent required by, Applicable Law.
Subject to the reqUirements öfApplicable Law, Verizon opéfátións
Support Systems, Verizon Operations Support Systems functions,
Verizon OSS Facilties, Verizon OSS Information, and the Verizon
OSS 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 Suppor 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 Triarch.
To the extent required by Applicable Law, in providing Verizon OSS
Services to Triarch, Verizon wil comply with Verizon's applicable OSS
47
Change Management Guidelines, as such Guidelines are modified
from time-to-time, including, but not limited to, the provisions of the
Guidelines related to furnishing notice of changes in Verizon OSS
Services. Verizon's OSS Change Management Guidelines wil be set
out on a Verizon website.
8.3 Triarch Usage Information.
8.3.1 Upon request by Triarch, Verizon shall provide to Triarch Triarch
Usage Information. Such Triarch Usage Information. wil be provided
in accordance with, but only to the extent required by, Applicable Law.
8.3.2 Triarch Usage Information wil be available to Tnarch through Network
Data Mover (NOM) or other such media as mutually agreed by both
Parties.
8.3.3 Triarch 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,
Triarch Usage Information wil be provided to Tnarch shall be
determined by Verizon.
8.4 Accss to and Use of Verizon OSS Facilties.
8.4.1
8.4.2
8.4.3
8.4.4
8.45
8.4.6
Triarch 10 Camp v3.3a
Verizon OSS Facilties may be accssed and used by Triarch only to
the extent necssary for Triarch's accss to and use of Verizon OSS
Services pursuant to this Agreement.
Verizon OSS Facilities may be accssed and used by Triarch only to
provide Telecommunications Services to Triarch Customers.
Triarch shall restrict access to and use of Verizon OSS Facilties to
Triarch. This Section 8 does not grant to Triarch any right or license to
grant sublicenses to other persons, Of permission to other persons
(except Triarch's employees, agents and contractors, in accordance
with Section 8.4.7 of this Attachment), to access or use Verizon OSS
Facilities.
Triarch shall not (a) alter, modify or damage the Verizon OSS Facilties
(including, but not limited to, Verizon softare), (b) copy, remove,
derive, revers engineer, or decompile, softare from the Verizon
OSS Facilties. or (c) obtain access through Verizon OSS Facilties to
Verizon databases, facilities, equipment, softare, or systems, which
are not offered for Triarch's use under this Section 8.
Triarch 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
Faciliies, and all access and user identification codes for Verizon OSS
Facilties: (a) shall remain the propert of Verizon; (b) shall be used by
Triarch only in connection with Triarch's use of Verizon OSS Facilities
permitted by this Section 8; (c) shall be treated by Triarch as
Confidential Information of Verizon pursuant to Section 10 of the
48
General Terms and Conditions; and, (d) shall be destroyed or returned
by Triarch to Verizon upon the earlier of request by Verizon or the
expiration or termination of this Agreement.
8.4.7 Triarch's employees, agents and contractors may access and use
Verizon OSS Facilties only to the extent necessary for Triarch's
access to and use of the Verizon OSS Facilities permitted by this
Agreement. Any access to or use of Verizon OSS Facilties by
Triarch'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 prvisions of this Section 8, in accrdance with, but only
to the extent required by, Applicable Law, Verizon grants to Triarch a
non-exclusive licnse to use Verizon OSS Information.
8.5.2 All Verizon OSS Information shall at all times remain the propert of
Verizon. Except as expressly stated in this Section 8, Triarch shall
acquire no rights in or to any Verizon OSS Information.
8.5.3 The provisions of this Sectin 8.5.3 shall apply to all Verizon OSS
Information, except (a) Triarch Usage Information, (b) CPNI of Triarch,
and (c) CPNI of a Verizon Customer or a Triarch Customer, to the
extent the Customer has authorized Triarch to use the CPNI.
8.5.3.1 Verizon OSS Information may be accessed and used by
Triarch only to provide Telecommunications Services to
Triarch Customers.
8.5.3.2 Triarch shall treat Verizon OSS Information that is
designated by Verizon, through written or electronic notice
(including, but not limited to, through the Verizon OSS
Services), as "Confidential" or "Proprietary" as Confidential
Information of Verizon pursuant to Section 10 of the
General Terms and Conditions.
8.5.3.3 Except as expressly stated in this Section 8, this Agreement
does not grant to Triarch any right or license to grant
sublicenses to other persons, or permission to other
persons (except Triarch'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 Triarch's employees, agents and contractors may access,
use and disclose Verizon OSS Information only to the
extent necessary for Triarch's access to, and use and
disclosure of, Verizon OSS Information permitted by this
Section 8. Any accss to, or use or disclosure of, Verizon
OSS Information by Triarch's employees, agents or
contrtors, shall be subject to the provisions of this
Agreement, including, but not limited to, Section 10 of the
Generl Terms and Conditions and Section 8.5.3.2 of this
Attachment.
Triarch 10 Camp v3.3a 49
8.5.3.5 Triarch'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 Triarch to provide
Telecommunications Services to Triarch Customers; (b)
termination of the license in accordance with this Section 8;
or (c) expiration or termination of this Agreement.
8.5.3.6 AU Verizon OSS Information received by Triarch shall be
destroyed or returned by Triarch 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), Triarch's access to Verizon OSS Information through
Verizon ass Services shall terminate upon the expiration or
termination of this Agreement.
8.5.5 Audits.
8.5.5.1 Verizon shall have the right (but not the obligation) to audit
Triarch to ascertain whether Triarch is complying with the
requirements of Applicable Law and this Agreement with
regard to Triarch's access to, and use and disclosure of,
Verizon OSS Information.
8.5.5.2 Without in any way limiting any other rights Verizon may
have under this Agreement or Applicable Law, Verizonshall
have the right (but not the obligation) to monitor Triarch's
access to and use of Verizon OSS Information which is
made available by Verizon to Triarch pursuant to this
Agreement, to ascertain whether Triarch is complying with
the requirements of Applicable Law and this Agreement,
with regard to Triarch '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 Triarch's accss to and
use of Verizon OSS Information which is made available by
Verizon to Triarch through Verizon OSS Facilties.
8.5.5.3 Information obtained by Verizon pursuant to this Section
8.5.5 shall be treated by Verizon as Confidential Information
of Triarch pursuant to Section 10 of the General Terms and
Conditioris; provided that, Verizon shall haveJhe 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 Of Applicable
Law.
8.5.6 Triarch acknowledges that the Verizon OSS Information, by its nature,
is updated and corrected on a continuous basis by Verizon, and
therefore that Verizon OSS Information is subject to change from time
to time.
8.6 Liabilities and Remedies.
Triarch 10 Camp v3.3a 50
8.6.1 Any breach by Triarch, or Triarch's employees, agents or contractors,
of the provisions of Sections 8.4 or 8.5 of this Attachment shall be
deemed a material breach of this Agreement. In addition, if Triarch or
an employee, agent or contractor of Triarch at any time breaches a
provision of Sections 8.4 or 8.5 of this Attachment and such breach
continues for more than ten (10) days after written notice thereof from
Verizon, then, except as otherwise required by Applicable Law,
Verizon shall have the right, upon notice to Triarch, 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 Triarch agrees that Verizon would be irreparably injured by a breach of
Sections 8.4 or 8.5 of this Attachment by Triarch or the employees,
agents or contractors of Triarch, and that Verizon shall be entitled to
seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies shall
not be deemed to be the exclusive remedies for any such breach, but
shall be in addition to any other remedies available under this
Agreement or at law or in equity.
8.7 Relation to Applicable Law.
The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the
confidentiality of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentiality of information,
including, but not limited to, 47 U.S.C. § 222, and are not intended to constitute a
waiver by Verizon of any right with regard to protection of the confidentiality of
théínformation of Verizon or Verizon Customers provided by Applicable Law.
8.8 Cooperation.
Triarch, at Triarch'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, Triarch 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 ea type of
OSS transaction that Triarch anticipates submitting in each week of
the next Calendar Quarter.
8.8.2 Triarch shall reasonably cooperate wit Verizon in submitting orders
for Verizon Services and otherwise using the Verizon OSS Services, in
order to avoid exceeding the capacity or capabilties of such Verizon
OSS Services.
8.8.3 Triarch shall participate in cooperative testing of Verizon OSS
Services and shall provide assistance to Verizon in identifying and
correcting mistakes, omissions, interrptions, delays, errors, defects,
faults, failures, or other deficiencies, in Verizon OSS Services.
8.9 Verizon Access to Information Related to Triarch Customers.
8.9.1 Verizon shall have the right to access, use and disclose information
related to Triarch Customers that is in Verizon's possession (including,
but not limited to, in Verizon OSS Facilities) to the extent such access,
Tnarch 10 Camp v3.3a 51
use and/or disclosure has been authorized by the Triarch Customer in
the manner required by Applicable Law.
8.9.2 Upon request by Verizon, Triarch shall negotiate in good faith and
enter into a contract with Verizon, pursuant to which Verizon may
obtain access to Triarch's operations support systems (including,
systems for pre-odering, ordering, provisioning, maintenance and
repair, and biling) and information contained in such systems, to
permit Verizon to obtain information related to Triarch Customers (as
authorized by the applicable Triarch 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 Triarch 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 accptable
agreement to be negotiated by the Parties.
9.2 Triarch shall afford Verizon non-discriminatory access to poles, ducts, conduits
and rights-of-way owned or controlled by Triarch. Such access shall be provided
pursuant to Triarch's applicable Tariffs, or, in the absence of an applicable
Triarch Tariff, Triarch's generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually accptable
agreement to be negotiated by the Parties. The terms, conditions and prices
.offered to Verizon by Triarch for such access shall be no less favorable than the
terms, conditions and prices offered to Triarch by Verizon for access to poles,
ducts, conduits and rights of way owned or controlled by Verizon.
10. Telephone Numbers
10.1 This Section applies in connection with Triarch Customers served by
Telecommunications Service provided by Verizon to Triarch for resale.
10.2 Triarch's use of telephônelÎûmbets shaH be subject to Applicable Là\Ñ' arid 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 Triarch 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 Triarch, from Triarch to Verion, or from Triarch to aLEC
other than Verizon), after such change, the Customer may continue to use with
Triarch 10 Camp v3.3a 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 Triarch 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 Triarch under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a Triarch switch, the telephone numbers shall be available for
reassignment by Verizon to any persn to whom Verizon elects to assign the
telephone numbers, including, but not limited to, Verizon, Verizon Customers,
Triarch, or Telecommunications Carriers other than Verizon and Triarch.
10.6 Triarch 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 ton line purchased by Triarch for resale
pursuant to the Resale Attachment, upon request by Triarch, Verizon wil establish an
arrangement that wil permit Triarch to route the Triarch Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by Triarch. 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 Triarch and a
mutually agreed-upon schedule. This routing arrangement wil be implemented at
Triarch's expense, with charges determined on an individual case basis. In addition to
charges for initially establishing the routing arrangement, Triarch wil be responsible for
ongoing monthly and/or usage charges for the routng arrangement. Triarch shall
arrange, at its own expense, the trunking and other facilties required to transport traffc to
Triarch's selected provider of operator and director assistance services.
12. Unauthorized Carrier Change Charges
In the event either Part requests that th other Part install, provide, change, or
terminate a Customer's Telecommunications Serve (including, but not limited to, a
Customer's selection of a primary Telephone Exchnge 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 GLJstomer for. the.
initial change in the Customer's Te1ecommunications Service and any charges for
restoring the Customer's Telecommunications Serice 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 Performance
If and, to the extent that, Verizon, prior to the Effecve 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 Triarch reasonable terms and conditions
Tnarch 10 Camp v3.3a 53
(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.
Triarch 10 Camp v3.3a 54
INTERCONNECTION ATTACHMENT
1. General
Each Part shall provide to the other Part, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of Interconnection on Verizon's network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of example,
a technically feasible Point of Interconnection on Verizon's network in a LATA would
include an applicable Verizon Tandem Interconnection Wire Center or Verizon End Offce
Interconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a Triarch Interconnection Wire Center, Triarch switch or
any portion of a transport facility provided by Verizon to Triarch or another part between
(x) a Verizon Interconnection Wire Center or switch and (y) the Interconnection Wire
Center or switch of Triarch or another part. For brevity's sake, the foregoing examples
of locations that, respectively, are and are not "on Verizon's network" shall apply (and are
hereby incorporated by reference) each time the term "on Verizon's network" is used in
this Agreement.
2. Points of Interconnection and Trunk Types
2.1 Point(s) of Interconnection.
2.1.1 Each Part, at its own expense, shall provide transport facilties to the
technically feasible Point(s) of Interconnection on Verizon's network in
a LATA selected by Triarch.
2.2 Trunk Types.
2.2.1 In interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 Interconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffc, translated LEC IntraLATA
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, iriclodirig translated
InterLATA toll free service access code (e.g., 800/888/877)
traffc, between Triarch Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Verizon access Tandem in accordance with
Sections 9 through 11 of this Attachment; and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
traffc congestion and testing; and, (b) untranslated
IntraLATAllnterLATA toll free service access code (e.g.
800/888/877) traffc.
Triarch 10 Camp v3.3a 55
2.2.2 Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.g., 911/E-911 Trunks) or in
other separate agreements between the Parties (e.g., directory
assistance trunks, operator services trunks, BlV/BLVI trunks or trunks,
for 500/555 traffc).
2.2.3 In accordance with the terms of this Agreement, the Parties wil deploy
One-Way Interconnection Trunks (trunks with traffc going in one
direction, including one-way trunks and un i-directional two-way trunks)
and/or Two-Way Interconnection Trunks (trunks with traffc going in
both directions).
2.2.4 Triarch shall establish, at the technically feasible Point(s) of
Interconnection on Verion'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
Triarch 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 Intercnnection Trunk
group, exceeds (a) the Centum Call Seconds (Hundred Call Seconds)
busy hour equivalent of one (1) DS1 at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centum Call
Seconds (BHCCS) of use for a single month: (i) if One-Way
Interconnection Trunks are used, the originating Part shall promptly
establish new or augment existing End Offce One-Way
Interconnèction Trunk groups between the Verizon End Ofce and the
technically feasible Point of Interconnection on Verizon's network; or,
(ii) if Two-Way Interconnection Trunks are used, Triarch shall promptly
submit an ASR to Verizon to establish new or augment existing End
Offce Two-Way Interconection Trunk group(s) between that Verizon
End Offce and the technically feasible Point of Interconnection on
Verizon's network.
2.2.6 Except as otherwise agreed in writing by the Parties, the total number
of Tandem Interconnection Trunks between a technically feasible
Point of Interconnection on Verizon's network and a Verizon Tandem
will be limited to a maximum of 240 trunks. In the event that the
volume of traffc between a technically feasible Point of
Interconnection on Verizon's network and a Verzon Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, Triarch shall promptly submit an ASR to Verizon to establish
new or additional End Ofce Trunks to insure that the volume of traffc
between the technically feasible Point of Interconnection on Verizon's
network and the Verizon Tandem does not exceed the capacity of the
240 trunks.
2.3 One-Way Interconnection Trunks.
2.3.1 Where the Parties use One-Way Interconnection Trunks for the
delivery of traffc from Triarch to Verizon, Triarch, at Triarch's own
expense, shall:
2.3.1.1 provide its own facilities for delivery of the traffc to the
technically feasible Point(s) of Interconnection on Verizon's
network in a LATA; and/or
Triarch 10 Camp v3.3a 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) if Verizon offers such
transport pursuant to a Verizon access Tariff, from Verizon.
2.3.2 For each Tandem or End Ofce One-Way Interconnection Trunk group
for delivery of traffc from Triarch to Verizon with a utilzation level of
less than sixt percent (60%) for final trunk groups and eighty-five
percent (85%) for high usage trunk groups, unless the Parties agree
otherwise, Triarch wil promptly submit ASRs to disconnect a suffcient
number of Interconnection Trunks to attain 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 Triarch
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 Triarch 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 Triarch, 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 Triarch, Triarch, at its own
expense, shall:
2.4.2
2.4.3
Triarch 10 Camp v3.3a
2.4.1.1 provide its own facilties to the technically feasible Point(s)
of Interconnection on Verizon's network in a LATA; and/or
2.4.1.2 obtain transport to the technically feasible Point(s) of
Interconnection on Verizon's network in a LATA (a) from a
third part, or, (b) if Verizon offers such transpòrt pursuant
to a Verizon accss Tariff, from Verizon.
Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffc between Verizon and Triarch, Verizon, at its own
expense, shall provide its own facilities to the technically feasible
Point(s) of Interconnection on Verizon's network in a LATA.
Prior to establishing any Two-Way Interconnection Trunks, Triarch
shall meet withVerizon to conduct a joint planl1ing meeting ("Joint
Planning Meeting"). At that Joint Planning Me'eting, each Part shall
provide to the other Part originating Centum Call Seconds (Hundred
Call Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Offce and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
technically feasible Point(s) of Interconnection on Verizon's network in
a LATA at which the Parties interconnect for the exchange of traffc.
Where the Parties have agreed to convert existing One-Way
Interconnection Trunks to Two-Way Interconnection Trunks, at the
Joint Planning Meeting, the Parties shall also mutually agree on the
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
57
2.4.4 On a semi-annual basis, Triarch shall submit a good faith forecast to
Verizon of the number of End Offce and Tandem Two-Way
Interconnection Trunks that Triarch anticipates Verizon wil need to
provide during the ensuing two (2) year period for the exchange of
traffc between Triarch and Verizon. Triarch'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 facilties, 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 Part may disconnect End Offce
Two-Way Interconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffc volume experienced.
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-Wilkihson B.005 during the average time consistent busy hour.
Two-Way Interconnection Trunk groups that connect to a Verizon locl
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson 8.01 during the average time consistent busy hour.
Verizon and Triarch shall engineer Two-Way Interconnection Trunks
using Telcordia Notes on the Networks SR 2275 (formerly known as
BOC Notes on the LEC Networks SR-TSV-002275).
2.4.9 The performance standard for final Two-Way Interconnection Trunk
groups shall be that no such Interconnection Trunk group will exceed
its design blocking objective (B.005 or B.01, as applicable) for three
(3) consecutive calendar traffc study months.
2.4.10 Triarch 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. Triarch shall order Two-Way
Interconriection Trunks. by submittng ASRs. to Verizon setting forth the
number of Two-Way Interconnection Trunks to be installed and the
requested installation dates within Verizon's effective standard
intervals or negotiated intervals, as appropriate. Triarch 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 Triarch has not notified Verizon that it
has corrected such blocking, Verizon may submit to Triarch a Trunk
Triarch 10 Camp v3.3a 58
Group Service Request directing Triarch to remedy the blocking.
Upon receipt of a Trunk Group Service Request, Triarch wil complete
an ASR to establish or augment the End Offce Two-Way
Interconnection Trunk group(s), or, if mutually agreed, to augment the
Tandem Two-Way Interconnection Trunk group with excessive
blocking and submit the ASR to Verizon within five (5) Business Days.
2.4.12 The Parties wil review all Tandem Two-Way Interconnection Trunk
groups that reach a utilzation level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
Triarch 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 attin a utilization
level of approximately seventy percent (70%), unless the Parties agree
that additional trunking is not required. For each Tandem Two-Way
Interconnection Trunk group with a utilzation level of less than sixty
percent (60%), unless the Parties agree otherwise, Triarch wil
promptly submit ASRs to disconnect a suffcient number of
Interconnection Trunks to attain a utilzation level of approximately
sixt percent (60%) for each respective group, unless the Parties
ag.ree that the Two-Way Interconnection Trunks should not be
disconnected. In the event Triarch fails to submit an ASR for Two-
Way Interconnection Trunks in conformance with this Section, Verizon
may disconnect the excess Interconnection Trunks or bill (and Triarch
shall pay) for the excess Interconnection Trunks at the applicable
Verizon rates.
2.413 Because Verizon wil not be in control of when and howlTany Two-
Way Interconnection Trunks are established between its network and
Triarch's network, Verizon's performance in connection with these
Two-Way Interconnection Trunk groups shall not be subject to any
performance measurements and remedies under this Agreement, and,
except as otherwise required by Applicable Law, under any FCC or
Commission approved carrier-to-carrier performance assurance
guidelines or plan.
2.4.14 Triarch 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
Triarch to a Verizon End Offce will first be routed to the End Offce
Interconnection Trunk group between Triarch and the Verizon End
Offce.
3. Alternative Interconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
3.1.1 Each Part may request a Fiber Meet arrangement by providing
written notice thereof to the other Part 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 Triarch nor any of Triarch's affliates has an overdue
balance on any bill rendered to Triarch or Triarch'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
Triarch 10 Camp v3.3a 59
expressly conditioned upon the Parties mutually agreeing to the
technical specifications and requirements for such Fiber Meet
arrangement including, but not limited to, the location of the Fiber Meet
points, routing, equipment (e.g., specifications of Add/Drop
Multiplexers, number of strands of fiber, etc.), softre, 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 wih
spare capacity is not available, the Parties agree to minimize the
construction and deployment of fiber cable necessary for any Fiber
Meet arrangement to which they agree. Except as otherwise agreed
by the Parties, any and all Fiber Meet points established between the
Parties shall extend no further than three (3) miles frm an applicable
Verizon Tandem or End Offic 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 foflowing traff types
(over the Interconnection Trunks):
3.1.3.1 Reciprocal Compensation Traffc between the Parties'
respective Telephone Exchange Service Customers;
3.1.3.2 Translated LEC IntraLA T A toll free service access code
(e.g., 800/888/877) traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.3 IntraLA T A Toll Traffc between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffc; and
3.1.3.5 Measured Internet Traffc.
Triarch 10 Camp v3.3a
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 Part any charges in connection with any Fiber Meet
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffc of the type set fort 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 establishe
under this Agreement is used for the transmission and routing of traffc
60
of the type set forth in Section 3.1.3.3, the Part originating such traffc
shall compensate the terminating Part for the transport and
termination of such traffc at the rates and charges set forth in the
Agreement and applicable Taris. 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 Triarch shall pay) Verizon's
applicable rates and charges as set fort in the Agreement and
. Verizon's applicable Tariffs, including transport charges to the
terminating Verizon Tandem.
3.1.4 At Triarch'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 Triarch's Telephone
Exchange Service Customers to an operator services
provider over operator services trunks;
3.1.4.2 Directory assistance traffc from Triarch's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 911 traffc from Triarch's Telephone Exchange Service
Customers to 911/E-911 Tandem Offce(s)/Selective
Router(s) over 911 trnks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffc,
including translated InterLA T A toll free service access code
(e.g., 800/888/877) traffc, between Triarch's Telephone
Exchange Service Customers and third-part purchasers of
Switched Exchange Access Serice 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 Triarch shall
pay) Verizon's applicable Tariff rates and charges. Except as
otherwse 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 Triarch will include traffc to be exchanged over Fiber Meet
arrangements in its forecasts provided to Verizon under the
Agreement.
4. Initiating Interconnection
4.1 If Triarch determines to offer Telephone Exchange Services and to interconnect
with Verizon in any LATA in which Verizon also offers Telephone Exchange
Services and in which the Parties are not already interconnected pursuant to this
Agreement, Triarch shall provide written notice to Verizon of the need to
establish Interconnection in such LATA pursuant to this Agreement.
Triarch 10 Camp v3.3a 61
4.2 The notice provided in Section 4.1 ofthis Attachment shall include (a) the initial
Routing Point(s); (b) the applicable technically feasible Point(s) of
Interconnection on Verizon's network to be established in the relevant LATA in
accordance with this Agreement; (c) Triarch's intended Interconnection activation
date; (d) a forecast of Triarch's trnking requirements conforming to Section 14.2
of this Attachment; and (e) such other information as Verizon shall reasonably
request in order to faciliate Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after recipt by Verizon of all necessary information as indicated
above. Within ten (10) Business Days of Verizon's receipt of Triarch's notice
provided for in Section 4.1 of this Attachment, Verizon and Triarch shall confirm
the technically feasible Point of Interconnection on Verizon's network in the new
LATA and the mutually agreed upon Interconnection activation date for the new
LATA.
5. Transmission and Routing of Telephone Exchange Service Traffc
5.1 Scope of Traffc.
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sectns 2 through 4 of this Attachment.
5.2.1
5.2 Trunk Group Connectins and Ordering.
5.2.2
5.2.3
5.2.4
5.2.5
Triarch 10 Camp v3.3a
For both One-Way and Two-Way Interconnection Trunks, if Triarch
wishes to use a technilly feasible interface other than a DS1 or a
DS3 facilty at the POI, the Partes shall negotiaté 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 Agreements
dispute resolution procures.
When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS3 interface facilty, if Triarch orders the multiplexed DS3
facilities to a Verizon Central Offce that is not designated in the NECA
4 Tariff as the approprate Intermediate Hub location (Le., the
Intermediate Hub location in the appropriate Tandem subtending area
based on th LERG), and the provision of such facilties to the subject
Central Offic 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 th Parties cannot agree to such terms and
cnnditions (including, without limitation, rates and implementation
timeframes), either Part may utilize the Agreement's dispute
resolution procedures.
Each Part wil identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Part when
ordering a trnk 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 will use comercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
62
ii
accepted trunk-engineering stand" so as to not exceed blocking
objectives. Each Part agrees to" I" trnk-engineering
techniques for trunks subject to .. Atthm
5.3 Switching System Hierarchy and Trunki..."..~.
For purposes of routing Triarch traffc to v....4....SOndin arrangements
between Verizon Tandems and Verizon End ØIlibe th same as the
Tandem/End Offce subtending arrange Verizof.øaintains for the routing
of its own or other carriers' traffc (i.e.., traffwill be A' to the appropriate
Verizon Tandem subtended by the terinalg End ~ sering the Verizon
Customer). For purposes of routing Verion traffc to Tfiarch, the subtending
arrangements between Triarch Tandems and Triarchlid Offces shall be the
same as the Tandem/End Offce subtending arrangets that Triarch maintains
for the routing of its own or other carrier' traffc.
5.4 Signaling.
Each Part wil provide tho other Pa .. accss to its databases and
associated signaiino necessary for ..it and completion of the other
Part's traffc in accordance wit tfprios of this Agreement and any
applicable Tariff.
."H
_.~ ,. -_..
5.5 Grades of Service.
The Parties shall initially engineer and shaM monitor and augment all trunk
groups consistent with the Joint Procéss as set forth in Section 14.1 of this.Attachment. .. .
6. 1r. MelSurement anclllØ.. mt.,,~~ion Trunk!;, .
(t. t ,. biHlg purposes, .. ..tN..tiii.ìg Part Number (CPN)
..ion on at 1,"NMty-fve perce(9Øi) of calls carried OVN' theIrinectìon Trtks.
6.1.1
6.1.2
6.1.3
Triarch 10 Camp v3.3a
As used in this SectionS, "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
Traffc rate, as provided in the Pricing Attachment, an applicable Tariff,
or, for Measured Internet Traffc, the FCC Internet Orders.
If the originating Part passes CPN on ninety-five percent (95%) Dr
more of its calls, the receiving Party shall bil the originating Part the
TraffcHate applicable to each relevant l!inyte oftraffcJor which CPN
is passed. For any remaining (up to 5%) èalìs without CPN
information, the receiving Part shall bill the originating Part for such
traffc at the Traffc Rate applicable to each relevant minute of traffc, in
direct proportion to the minutes of use of calls passed with CPN
information.
If the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and the originating Part chooses to combineReciprocal Compensation Traffc and Toll Traffc on the same trunk
group, the receiving Part shall bil the higher of its interstate Switched
Exchange Access Service rates or its intrastate Switched Exchange
63
Access Services rates for all traffc that is passed without CPN, unless
the Parties agree that other rates should apply to such traffc.
6.2 At such time as a receiving Part has the capabilty, on an automated basis, to
use such CPN to classify traffc delivered over Interconnection Trunks by the
other Part by Traffc Rate type (e.g., Reciprocal Compensation Traffc/Measured
Internet Traffc, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate Tandem Transit
Traffc), such receiving Part shall bil the originating Part the Traffc Rate
applicable to each relevant minute of traffc for which CPN is passed. If the
receiving Part lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffc delivered by the other Part
by Traffc Rate type, the originating Part wil supply Traffc Factor 1 and Traffc
Factor 2. The Traffc Factors shall be supplied in writing by the originating Part
within thirt (30) days of the Effective Date and shall be updated in writing by the
originating Part quarterly. Measurement of billng minutes for purpses of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of 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 exceeds a 3:1
ratio of terminating to originating traffc is Measured Internet Traffc, and in
accordance with the process established by the April 18, 2001 FCC Internet
Order for rebutting such presumption before the Commission) as modified by the
. . -. November 5, 2008-FCC Internet Order and other applicable FCC orders and
FCC ReQy!~tion~.~ -.' ~ ~-." . ,...
6.3 Eåch Part reserves the righHo audit all Traffc, up to a maximum of two audits
per Calendar Year, to ensure that rates are being applied appropriately;
provided, however, that either Part shall have the right to conduct additional
audit(s) if the preceding audit disclosed material errors or discrepancies. Each
Part agrees to provide the necessary Traffc data in conjunction with any such
audit in a timely manner.
6.4 Nothing in this Agreement shall be construed to limit either Part's abilty to
designate the areas within which that Part's Customers may make calls which
that Part rates as "local" in its Customer Tariffs.
6.5 If and, to the extent that, a Triarch Customer receives V/FX Traffc, Triarch shall
promptly provide notice thereof to Verizon (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses for V/FX
Traffc, as well as the LATA in which the Customer's station is actually physically
located) and shall not bil Verizon Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Verizon's Customers to
such Triarch Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act
7.1 Reciprocal Compensation.
The Parties shall exchange Reciprocal Compensation Traffc at the technically
feasible Point(s) of Interconnection on Verizon's network in a LATA designated in
Triarch 10 Camp v3.3a 64
accordance with the terms of this Agreement. The Part originating Reciprocal
Compensation Traffc shall compensate the terminating Part for the transport
and termination of such traffc to its Customer in accordance with Section
251 (b)(5) of the Act at the equal and symmetrical rates stated in the Pricing
Attachment; it being understood and agreed that Verizon shall charge (and
Triarch shall pay Verizon) the End Offce Reciprocal Compensation rate set forth
in the Pricing Attachment for Reciprocal Compensation Traffc Triarch 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 (Triarch shall pay Verizon) the Tandem Reciprocal Compensation rate set
forth in the Pricing Attachment for Reciprocl Copensation Traffc Triarch
delivers to Verizon; it also being understoo and agreed that Triarch shall charge
(and Verizon shall pay Triarch) the End Offce Reciprocal Compensation rate set
forth in the Pricing Attachment for Reciprocal Compensation Traffc Verizon
delivers to Triarch. These rates are to be applied at the technically feasible
Pointe 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
Triarch, or delivered by Triarch for termination by Verizon. No additional charges
shall be assessed by the terminating Part for the transport and termination of
such traffc from the technically feasible Point(s) of Interconnection on Verizon's
network in a LATA to its Customer; provided, however, for the avoidance of any
doubt, Triarch shall also pay Verizon, at the rates set forth in the Pricing
Attachment, for any multiplexing, cross connects or other collocation related
Services that Triarch 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 relted to the delivery of Toll Traffc
from the technically feasible Point of Interconnection on Verizon's network in a
LATA to the terminating Part's Customer shall be prorated so as to apply only to
the Toll Traffc. The designation of traffc as Reciprocal Compensation Traffc for
purposes of Reciprocal Compensation shall be based on the actual originating
andterminating points of the complete end-to-end communication.
7.2.1
7.2 Traffc Not Subject to Reciprocal Compensation.
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
Tnarch 10 Camp v3.3a
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Accss (including, without limitation, Virtual Foreign
Exchange Traffc (i.e., V/FX Traffc), Information Access, or exchange
services for Exchange Access or Information Access.
Reciprocal Compensation shall not apply to Internet Traffc.
Reciprocal Compensation shall not apply to Toll Traffc, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (10XX101XX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Callng Scope Arrangement Traffc.
Reciprocal Compensation shall not apply to special access, private
line, or any other traffc that is not swiched 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).
65
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.
7.2.9 Reciprocal Compensation shall not apply to Virtual Poreign 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
Triarch 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, Triarch shall pay Verizon's originating access charges
for all V/FX Traffc originated by a Verizon Customer, and Triarch shall
pay Verizon's terinating access charges for all V/FX Traffc
originated by a Triarch Customer.
7.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) biled by Triarch to Verizon shall not
exceed the Reciprocal Compensation fates (including, but not limited to,
Reciprocal Compensation per minute of use charges) biled by Verizon to
Triarch.
8. Other Types of Traffc
8.1 Notwithstanding any other provision of this Agreement or any Tariff: (a) the
Parties' rights and obligations with resect 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 Interet 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 tå pay under the
FCC Internet Orders and other applicable FCC orders and FCC Regulations.
8.2 Subject to Section 8.1 of this Attachment, interstate and intrastate Exchange
Access, Information Access. exchange services for Exchange Access or
Information Access, and Toll Traffc, shall be governed by the applicable
provisions of this Agreement and applible Tariffs.
8.3 For any traffc originating with a third part carrier and delivered by Triarch to
Verizon, Triarch shall pay Verizon the same amount that such third part carrier
would have been obligated to pay Veñzon for termination of that traffc at the
location the traffc is delivered to Verizon by Triarch.
8.4 Any traffc 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 Internt 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 connectn with the Parties' exchange of Internet Traffc shall
be applied at such technicaly 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 Traffic
9.1 Scope of Traffc.
Triarch 10 camp v3.3a 66
Section 9 prescribes parameters for certain trunks to be established over the
Interconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of trffc between Triarch Telephone Exchange Service
Customers and Interexchange Carriers ("Accss Toll Connecting Trunks"), in any
case where Triarch elects to have its End Offce Switch subtend a Verizon
Tandem. This includes tasually-cialed (1010XX and 101XX) traffc.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If Triarch choóses to subtend a Verizon access Tandem, Triarch's
NPAlNXX must be assigned by Triarch 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 Triarch shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it wil provide Switched Exchange
Access Services to Interexchange Carriers to enable such
Interexchangè Carriers to originate and terminate traffc to and from
Triarch's Customers.
9.2.3 The Accss Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Offce Triarch utilzes to provide
Telephone Exchange Service and Switched Exchange Accss to its
Customers in' a given LATA to the access Tandem(s) Verizon utilizes
to provide Exchange Access in such LATA.
9.2.4 Accss Toll Connecting Trunks shall be used solelyfor the
transmission and routing of Exchange Access to allow Triarch's
Customers to connect to or be connected to the interexchange trunks
of any Interexchange Carrier which is connected to a Verizon access
Tandem.
10. Meet-Point Biling (MPB) Arrangements
10.1 Triarch 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 by Verizon.
10.2 In each LATA, the Parties shall establish MPB arrangements for the applicable
Triarch Routing PoinWerizon Serving .Interconnection Wire Center combinatigns.
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 Partes.
10.4 Triarch and Verizon will use reasonable efforts, individually and collectively, to
maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association (NECA) Tariff No.4, or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
Triarch 10 camp v3.3a 67
10.5 In general, there are four alternative MPB arrangements possible, which are:
Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bil/Multiple Tariff, and
Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Part shall implement the "Multiple Bil/Single Tariff or "Multiple BiB/Multiple
Tariff' option, as.appropriate, in order to bil an IXC for the portion of the MPB
arrangement provided by that Part. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Part may use the New Yor State
Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single
Bil/Single Tariff option, as appropriate, in order to bil an IXC for the porton of
the MPB arrangement provided by that Part.
10.6 The rates to be biled by each Part for the portion of the MPB arrangemnt
provided by it shall be as set forth in that Part's applicable Tariffs, or othr
document that contains the terms under which that Part's access services are
offered. For each Triarch Routing PoinWerizon Serving Interconnection Wire
Center combination, the MPB biling percentages for transport between the
Triarch Routing Point and the Verizon Serving Interconnection Wire Center shall
be calculated in accordance with the formula set forth in Section 10.17 of this
Attachment.
10.7 Each Part shall provide the other Part with the billng name, billing 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 Triarch with the Terminating Switched Access Detail Usage
Data (EMI category 11 01XX records) recorded at the Verizon access Tandem on
cartridge or via such other media as the Parties may agree to, no later than ten
(10) Business Days after the date the usage occurred.
10.9 Triarch shall provide Verizon with the Originating Switched Access Detail Usage
Data (EMI category 1101XX records) on cartridge or via such other media as the
Parties may agree, no later than ten (10) Business Days after the date the usage
occurred.
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 of this
Attachment shall be sent to the following addresses:
To Triarch:
Randall Newman
POB 330
906 Julia Street
Rayville, Louisiana 71269
For Verizon:
Verizon Data Services
ATTN: MPB
1 East Telecom Parkay
Dock 0
Temple Terrace, FL 33637
Either Party may change its address for receiving usage data by notifying the
other Part in writing pursuant to Section 29 of the General Terms and
Tnarch 10 Camp v3.3a 68
Conditions.
10.11 Triarch and Verizon shall coordinate and exchange the biling account reference
(BAR) and biling account cross reference (BACR) numbers or Operating
Company Number ("OCN"), as appropriate, for the MPB arrangements described
in this Section 10. Each Part shall notify the other if the level of biling or other
BARIBACR elements change, resulting in a new BARIBACR number, or if the
OCN changes.
10.12 Each Part agrees to provide the other Part with notification of any errors it
discovers in MPB data within thirt (30) calendar days of the recipt of the
original data. The other Part shall attempt to correc 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 reconstrction is not possible, shall accept a reasonable
estimate of the lost data base upon prior usage data.
10.13 Either Part may request a review or audit of the varius components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Part.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Part may conduct
additional audits, at its expense, upon the other Part's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing .containedin this Section
10 shall create any liabilty for damages, losses, claims, costs, injuries, expenses
or other liabilties whatsoever on the part of either Par.
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 Triarch determines to offer Telephone Exchange Services in a LATA
in which Verizon operates an accss Tandem Switch, Verizon shall permit and
enable Triarch to subtend the Verizon access Tandem Switch(es) designated for
the Verizon End Offces in the area where there are located Triarch Routing
Point(s) associated with the NPA NXX(s) to/from which the Switched Exchange
Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billng percentages
for each Routing PoinWerizon Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a / (a + b)=Triarch Billng Percentage
and
b/(a+b)=Verion Biling Percentage
where:
a = the airline mileage between Triarch Routing Point and the actual
point of interconnection for the MPB arrangement; and
Triarch 10 Camp v3.3a 69
b = the airline mileage betwee the Verizon Serving Interconnection
Wire Center and the actual point of interconection for the MPB arrangement.
10.18 Triarch shall inform Verizon of each LATA in which it intends to offer Telephone
Exchange Services and its calculation of th biling percentages which should
apply for such arrangement. Witin ten (10) Business Days of Triarch's delivery
of notice to Verizon, Verizon and Triarch shall confirm the Routing PoinWerizon
Serving Interconnection Wire Ceter combination and biling percentages.
11. Toll Free Service Access Code (e.g., 800/888/8n) Traffic
The following terms shall apply when either Part delivers toll free service access code
(e.g., 800/877/888)("8YV") calls to the other Part. For the purposes of this Section 11,
the terms "translated" and "untranslated" refers to those toll free service accss code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YV database. Except as otherwise agreed to by the Parties, all Triarch originating
"untranslated" 8YV traffc will be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When Triarch delivers translated 8YV calis to Verizon to be completed by
11.1.1 an IXC:
11.1.2 Verizon:
11.1.2.1 Triarch wil provide an appropriate EMI record to Verizon;
and
11.1.2.2 Triarch wil bill Verizon the Triarch's Switched Exchange
Access Tariff charges and the Triarch's applicable Tariff
query charge.
a toll free service accss code service provider in that LATA:
11.1.3.1 Triarch will provide an appropriate EMI record to Verizon
and the toll free servic access code service provider;
11.1.3.2 Triarch wil bil the toll free service access code service
provider the Triarch's applicable Switched Exchange
Access Tariff charges and the Triarch's applicable Tariff
query charges; and
11.1.3.3 Verizon will bil the toll free service access code service
provider Verzon's applicable Switched Exchange Access
Tariff charges.
11.2 When Verizon performs the query and delivers translated 8YV calls, originated
by Verizon's Customer or another LEC's Customer to Triarch to be completed by
11.1.3
Tnarch 10 Camp v3.3a 70
11.2.1 Triarch:
11.2.1.1 Verizon wil provide an appropriate EMI record to Triarch;
and
11.2.1.2 Verizon wil bil Triarch Verizon's applicable Switched
Exchange Accss Tariff charges and Verizon's applicable
Tariff query charges.
a toll free serice access code service provider in that LATA:
11.2.2.1 Verizon will provide an appropriate EMI record to Triarch
and the toll free service access code service provider;
11.2.2.2 Verizon wil bil the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges and Verizon's applicable Tariff query
charges; and
11.2.2.3 Triarch wil bil the toll free service access code service
provider the Triarch's applicable Switched Exchange
Accss Tariff charges.
11.3 When Triarch delivers untranslated 8YV calls to Verizon to be completed by
11.2.2
11.3.1
11.3.2
11.3.3
Triarch 10 Camp v3.3a
anlXC:
11.3.1.1 Verizon wil query the call and route the call to the
appropriate IXC;
11.3.1.2 Verizon will provide an appropriate EMI record to Triarch;
11.3.1.3 Verizon wil bil the IXC Verizon's applicable Switched
Exchange Access Tariff charges and Verizon's applicable
Tariff query charges; and
11.3.1.4 Triarch wil bil the IXC Triarch's applicable Switched
Exchange Access Tariff charges.
Verizon:
11.3.2.1 Verizon wil query the call and complete the call;
11.3.2.2 Verizon will provide an appropriate EMI record to Triarch;
11.3.2.3 Triarch will bil Verizon the Triarch's applicable Switched
ExchangêÄceess 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 will provide an appropriate EMI record to Triarch
and the toll free service access code service provider;
71
11.3.3.3 Verizon wil bil the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff and Verizon's applicable Tariff query charges; and
11.3.3.4 Triarch will bil the toll free service access code service
provider the Triarch's applicable Switched Exchange
Access Tariff charges.
11.4 Verizon wil not direct untranslated toll free service access code calls to Triarch.
12. Tandem Transit Traffc
12.1 As used in this Section, Tandem Transit Traffc Ï6 Telephone Exchange Service
traffc that originates on Triarch's network, and is transported through Verizon's
Tandem to the subtending End Offce or its equivalent of another carrer (CLEC,
ILEC other than Verizon, Commercial Mobile Radio Service (CMRS) carrier, or
other LEC ("Other Carriet'). Neither the originating nor terminating customer is a
Customer of Verizon. Subtending End Offces shall be determined in accordance
with and as identified in the Local Exchange Routing Guide (LERG). For the
avoidance of any doubt, under no circumstances sha Verizon be required to
transit traffc through a Verizon Tandem to a Central Ofce that the LERG does
not identify as subtending that particular Verizon Tandem. Switched Exchange
Access Service traffc is not Tandem Transit Traffc.
12.2 Tandem Transit Traffc Service provides Triarch with the transport of Tandem
Transit Traffc as provided below.
12.3 Tandem Transit Traffc may be routed over the lnterconnection Trunks described
in Sections 2 through 6 of this Attachment. Triarch shall deliver each Tandem
Transit Traffc ç:all toVerizon's Tandem with CCS and the appropriate
Transactional Capabilties Application Part ("TCAP") message to faciltate full
interoperabilty of CLASS Features and billng functions.
12.4 Triarch may use Tandem Transit Traffc Serv only for traffc that originates on
Triarch's network and only to send traffc to an Other Carrier with whom Triarch
has a reciprocal traffc exchange arrangement (either via written agreement or
mutual tariffs) that provides for the Other Carrier, to terminate or complete traffc
originated by Triarch and to bil Triarch, and not to bil Verizon, for such traffc.
Triarch agrees not to use Verizon's Tandem Tnlt Traffc Service to send traffc
to an Other Carrier with whom Triarch does not ha such a reciprocal traffc
exchange arrangement or to send traffc that dM llt originate on Triarch's
network.
12.5 Triarch shall pay Verizon for Tandem Transit Traff Service at the rates specified
in the Pricing Attachment. Verizon wil not be liable fo compensati()nto any
Other Carrier for any traffc that is transported through Verizon's Tandem and
Verizon reserves the right to assess to Triarch any additional charges or costs
any Other Carrier imposes or levies on Verizon for the deivery or termination of
such traffc, including any Switched Exchange Access Seice charges. If
Verizon is biled by any Other Carrier for any traffc originad by Triarch, Verizon
may provide notice to Triarch of such billing. Upon receipt of such notice, Triarch
shall immediately stop using Verizon's Tandem Transit Traffc Service to send
any traffc to such Other Carrier until it has provided to Verizon certification that
the Other Carrier has removed such biled charges from its bill to Verizon and
that the Other Carrier wil not bill Verizon for any traffc originated by Triarch.
Such certification must be signed by an authorized offcer or agent of the Other
Carrier and must be in a form acceptable to Verizon.
Tnarch 10 Camp v3.3a 72
12.6 If Triarch uses Tandem Transit Traffc Service for traffc volumes that exceed the
Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000
combined minutes of use per month (a DS1 equivalent) to the subtending End
Offce of a particular Other Carrier for any month (the "Threshold Level"). Triarch
shall use good faith efforts to establish direct interconnecton with such Other
Carrier and reduce such traffc volumes below the Threshold LeveL. If Verizon
believes that Triarch has not exercised good faith efforts promptly to obtain such
direct interconnection, either Part may use the Dispute Resolution processes of
this Agreement.
12.7 If Triarch fails to comply with Secton 12 of this Attchment, 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 part carrier plans to subtend a Triarch switch, then Triarch
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, Triarch shall offer to Verizon a service arrangement
equivalent to or the same as Tandem Transit Traffc Serve provided by Verizon
to Triarch 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 Triarch Central Off or its equivalent
("Reciprocal Tandem Transit Service"). Triarch shall offer such Recprocal
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 Coe
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.2 It shall be the responsibilty of each Part to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route 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 whatsover 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 Part. During the term of this Agreement, Triarch shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Verizon within the LATA and Tandem serving area. Triarch 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.
Triarch 10 Camp v3.3a 73
13.4 Triarch will also designate a Routing Point for each assigned NXX code. Triarch
shall designate one location for each Rate Center Area in which the Triarch has
established NXX code(s) as the Routing Point for the NPA-NXXs associated with
that Rate Center Area, and such Routing Point shall be within the same LATA as
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise, calls to subsequent NXXs of Triarch wil be routed in
the same manner as calls to Triarch'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 Triarch's choices regarding the size of the local callng årea(s)
that Triarch 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:
14.1.1
14.1.2
14.1.3
14.1.4
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-accpted quality, reliabilty and
availabilty standards. Except as otherwise stated in this Agreement,
trunks provided by either Part for Interconnection services wil be
engineered using a design-blocking objective of 8.01.
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 notification and
discoveries of trunk disconnects;
disaster recovery provision escalations;
additional technically feasible Point(s) of Interconnection on Verizon's
network in a LATA as provided in Section 2 of this Attachment; and
such other matters as the Parties may agree, including, e.g., End
Offce to End Offce high usage trunks as good engineering practices
may dictate.
14.2 Trunk Forecasting Requirements.
14.1.5
14.2.1
14.2.2
Triarch 10 Camp v3.3a
Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, Triarch shall provide Verizon a two
(2)-year traffc forecst that complies with the Verizon Interconnection
Trunking Forecast Guide, as revised from time to time. This initial
traffc forecast wil provide the amount of traffc to be delivered to and
from Verizon over each of the Interconnection Trunk groups in the
LATA over the next eight (8) quarters.
Ongoing Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, Triarch shall provide a
new or revised traffc forecast that complies with the Verizon
74
14.2.3
Interconnection Trunking Forecast Guide when Triarch develops plans
or becmes 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) Triarch plans to deploy a
new switch;-(b) Triarch plans to implement a new POI or network
architecture; (c) Triarch plans to rearrange its network; (d) Triarch
plans to convert a One-Way Interconnection Trunk group to a Two-
Way Interconnection Trunk group; (e) Triarch plans to convert a Two-
Way Interconnection Trunk group to a One-Way Interconnection Trunk
group; or (f) Triarch expects a significant change in interconnection
traffc volume. In addition, upon request by either Part, the Partes
shall meet to: (i) review traffc and usage data on End Offce and
Tandem Interconnection Trunk groups and (ii) determine whether the
Parties should establish new Interconnection Trunk groups, augment
existing Interconnection Trunk groups, or disconnect existing
Interconnection Trunks.
Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on Triarch or Verizon.
15. Number Portabilty - Section 251(B)(2)
15.1 Scope.
The Parties shall provide Number Portabilty (NP) in accrdance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP ("Local Number Portabilty").
The Parties wil follow the LNP provisioning process recommended by the Nort
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
15.2.1
15.2.2
15.2.3
Triarch 10 Camp v3.3a
A Customer of one Part ("Part A") elects to become a Customer of
the other Part ("Part B"). The Customer elects to utilze the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Part A, in conjunction with the
Telephone Exchange Service( s) it wil now receive from Part B. After
Part B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Part A, Parties A and B wil
work together to port the Customer's telephone number(s) from Part
A's network to Part B's network.
When a telephone number is ported out of Part A's network, Part 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 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 Part 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
75
the Customer. Part B may request that Party A port all reserved
numbers assigned to the Customer or that Part A port only those
numbers listed by Part B. As long as Part B maintains reserved but
inactive numbers ported for the Customer, Part A shall not reassign
those numbårs. 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 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 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 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.
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-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and offcial use, and
any other NXXcodes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass
callng on a choked network may not be ported using LNP technology
but are portable using methods established by the NANC and adopted
by the FCC. On a prospective basis, newly assigned codes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties wil act as the default carrier for the other
Part in the event that either Part is unable to perform the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
.Where a Part has activated an entire NXX for a single Customer, orÍ3ctivâted 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 Part 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 Part shall charge the other in connection with this coordinated
transfer.
Triarch 10 Camp v3.3a 76
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Offce LNP capabilty on a
reciprocal basis through a written request. The Parties acknowledge that Verizon
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC Regulations.
15.4.1 If Part B desires to have LNP capabilty deployed in an End Offce of
Part A, which is not currently capable, Part B shall issue a LNP
request to Part A. Part 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. Part A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
The Parties acknowledge that each can determine th LNP-epable
End Offces of the other through the Local Exchang Routing Guide
(LERG). In addition, the Parties shall make informatio available upon
request showing their respective LNP-capable End Ofces, as set
forth in this Section 15.4.
15.4.2
15.5 Triarch shall submit orders to port numbers electronically using an LSR via the
Verizon web Graphical User Interface ("GUI") or Electronic Data Interface ("EDI")
pursuant to the instructions, business rules and guidelines set forth on the
Verizon Partner Solutions website (formerly referred to as the Verizon wholesale
website).
16. Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Verizon reserves
~.-the right to negotiate in good faith with Triarch reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Servce; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Part may utilze the Agreements dispute
resolution procedures.
Triarch 10 Camp v3.3a 77
TRAFFIC EXCHANGE A IT ACHMENT
1. General
Where both Parties subtend the same Tandem Switch operated by a third part (such
third part hereinafter referred to as the "Third Part Tandem Providet' and such switch
hereinafter referred to as the "Third Part Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPAlNXX codes assigned by each Part to
Rate Center Areas served by that Third Part Tandem Switch, the Parties may
reciprocally exchange Reciprocal Compensation Traffc, Mesured Internet Traffc,
intraLATA Toll Traffc, and translated IntraLATA toll free service access code traffc,
originated by their respectve Customers, through that Third Part Tandem Switch. For
the avoidance of any doubt, nothing in this Attachment shall preclude the Parties from
interconnecting their networks in accordance with the Interconnection Attachment, which
Interconnection Attachment must be a part of the Agreement.
2. Arrangements With Third Party Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffc, Measured Internet Traffc, IntraLATA Toll Traffc, and
translated IntraLATA toll free service access code trffc under this Attachment,
each Part must have established and must maintain its own interconnection and
compensation arrangements with the Third Part Tandem Provider for the routing
and exchange of the foregoing traffc between the Parties under this Attachment
(e.g., arrangements that permit the subject traffc to be exchanged through the
Third Part Tandem Provider). In addition, the Parts must also fulfill each of
the other requirements of this Attachment.
2.1.1 If such arrangements between a Part 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 Part 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 othr Part, to discontinue
exchanging the foregoing traffc with the other Part (i.e., receiving
such traffc from or, sending such traffc to, the other Part) under this
Attachment.
2.1.2 Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Part may discontinue
exchanging the foregoing traffc with the other Part under this
Attachment.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, Triarch 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 Part Tandem Switch in a LATA,
Triarch shall provide a new or revised traffc forecast when Triarch
develops plans or becomes aware of inforation that will materially
2.2.2
Triarch 10 Camp v3.3a 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) Triarch plans to deploy a
new switch; (ii) Triarch plans to implement interconnection .in
accordance with the Interconnection Attachment or a new network
architecture; (iii) Triarch plans to rearrange its network; or (iv) Triarch
expects a significant change in traffc volume.
Use of Forecasts. Forecàsts provided pursuant to this Agreement are
not binding on Triarch or Verizon.
2.3 Prior to exchanging trffc through a Third Party Tandem Switch, Triarch 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
Part originating Centm Call Second (Hundred Call Second) information.
2.2.3
2.4 If and, when, the volume of trafc exchanged between a Verizon End Offce and
Triarch switch through a Third Part Tandem Switch exceeds (a) the Centum Call
Second (Hundred Cali Second) busy hour equivalent of one (1) DS-1 at any time;
(b) 200,000 combined minutes of use for any month; (c) 600 busy hour Centum
Call Seconds (BHCCS) of use for a single month, upon the written request of
either Part, the Parts shall meet promptly and consider whether to
interconnect their respective netorks pursuant to the Interconnection
Attachment. In the event the Parties so interconnect their respective networks,
the Parties shall discontinue exchanging any and all traffc through the Third
Part Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffc but, on an overfow basis, through the Third Part Tandem Switch.
2.5 Nothing in this Attachment shalf be read to require either Part to establish
and/or maintain a subtending arrngement with a Third Part Tandem Provider.
3. Initiating Traffc Exchange Under This Attachment
3.1 If Triarch determines to offer Telephone Exchange Services and wishes to
exchange traffc with Verizon through a Third Part Tandem Switch in any LATA
in which Verizon also offers Telephone Exchange Services, Triarch shall provide
written notice to Verizon of its request to exchange traffc through a Third Part
Tandem Switch in suc LATA pursuant to this Attachment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a) Triarch's
proposed traffc exchange activation date; (b) a forecast of Triarch's traffc
volumes conforming to Section 2 of this Attachment; and (c) such other
information as Verizon shall reasonably request in order to facilitate traffc
exchange under this Attachment.
3.3 The traffc exchange activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Verizon of all necessary information as indicated in
Section 3.2 of this Attchment.
4. Traffic Measurement and Billng
4.1 The Parties agree that they wil make commercially reasonable efforts to obtain
and utilize accurate and complete recordings, of any traffc exchanged between
them under this Attachment, for use in biling.
Tnarch 10 Camp v3.3a 79
4.2 At such time as a receiving Part 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, ;ritraLATA To!! Traffc, and IntraLATA toll free service access
code traffc), such receiving Part shall bill the originating Part the rate
applicable to each relevant minute of traffc for which CPN is received. If the. -
receiving Part lacks the capability, on an automated basis, to use CPN
information on an automated basis to classif¡ 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 thirt (30) days of the Effective Date and shalbe updated in writing
by the 'originating Part quarterly. Measu,.of .bimin:,tes for purposes
of determining terminating compensation ... be in coverstion seconds (the
time in seconds that a Part's equipment is used for a complte call, measured
from the receipt of answer supervision to the receipt of disconect supervision).
Measurement of biling minutes for originating toll free service acess code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariff. Determination
as to wnethertraffc is ReciprOO Compensation Traffc or Measued Internet
Traffc shall be made in 1M1.lCe with Paragraphs 8 and 79, and other
applicable provisions, ofhFCC Internet Order.(inclt.iA1i" but not limited to, in
accordance with the rebuttable presurnptionestablishe by thefçç Internet
Order that traffc delivered to a carrier th exceeds a 3:1 ..jf~inating to
originating traffc is Measured Internet Traffc, and in .er~ with the
process established by the FCC Internet Order for retting such presumption
before the Commission).
4.3 Each Part reserVes the right to audit all traffc exclwed 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 disclos material errors or
discrepancies. .Each Part agrees to provide the necessary traffc data in
conjunction with any such audit in a timely manner.
.. -~ _..
4.4 Nothing in this Agreement shall be construed to limit either Part's abilty to
designate the areas within which that Part's Customers may make calls which
that Part rates as "local" in its Customer Tariffs.
4.5 If and, to the extent that, a Triarch Customer receives V/FX Traffc exchanged
under this Attachment, Triarch shall promptly provide notice thereof to Verizon
(such notice to include, without limitation, the specific telephone number(s) that
the Customer uses for V/FX Traffc, as well as the LATA in which the Customers
station is actually physically located) and shall not bil Verizon Reciprocal
Compensation, intercarrier compensation or any other charges for calls place
by Verizon's Customers to such Triarch Customers.
5. Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Ac
5.1 Reciprocal Compensation.
The Part originating Reciprocal Compensation Traffc shall compensate the
terminating Part for the transport and termination of such traffc to its Customer
in accordance with Section 251 (b )(5) of the Act at the equal and symmetrical
rates stated in the Pricing Attachment; it being understood and agreed that
because the Third Party Tandem Provider is providing the tandem functionally to
both Parties, Verizon shall charge (and Triarch shall pay Verizon) the End Offce
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffc Verizon receives from Triarch and Triarch shall charge
Triarch 10 Camp v3.3a 80
(and Verizon shall pay Triarch) the End Offce Reciprocal Compensation rate set
forth in the Pricing Attachment for Reciprocal Compensation Traffc Triarch
receives from Verizon. No additional charges shall be assessed by the
terminating Part for the transport and termination of such traffc recived from
the other Part; provided, however, for the avoidance of any doubt, neither Part
may assess upon, or pass through to, the other Part any charges biled by (or
on behalf-of) the.Third.Part 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 coplete end-to-end communication. .
5.2 Traffc Not Subject tQ,Rer;jprocl Compensation.
5.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffc (i.e., VlFX Traffc)), Information Access, or exchange
services for Exchange Access or Information Access.
5.2.2 Reciprocal Compensation shall not apply to Internet Traffc.
5.2.3 Reciprocal Compensation shall not apply to Toll Traffc, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (1 0XX101 XX) basis.
5.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Callng Area Traffc.
5.2.5 Reciprocal Compensation shall not apply to special accss, private
line, or any other traffc that is not switched by the terminating 'Part.
5.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffc.
5.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffc (as defined in Section 5 of the Additional Services Attachment).
5.2.8 Reciprocal Compensation shall not apply to traffc that is not subject to
Reciprocal Compensation under Section 251(b)(5) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffc (Le., V/FX Traffc). As use in this Agreement, "Virtual Foreign
Exchange Traffc" or "V/FX Traff" is defined as calls in which a
Triarch 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, Triarch shall pay Verizon's originating access charges
for all V/FX Traffc originated by a Verizon Customer, and Triarch shall
pay Verizon's terminating access charges for all V/FX Traffc
originated by a Triarch Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocl
Compensation per minute of use charges) billed by Triarch to Verizon shall not
exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) biled by Verion to
Triarch.
6. Other Types of Traffic
Triarch 10 Camp v3.3a 81
6.1 Notwithstanding any other provision of this Agreement or otherwise: (a) the
Parties' rights and obligations with respect to any intercafrier compensation that
may be due in connecton 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 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 Par is required to pay under the
FCC Internet Order and other applicable FCC orders and FCC Regulations.
6.2 Subject to Section 6.1 of this Attachment, IntraLATA Toll Traffc exchanged
under this Attachment shall be governed by the applicable provisions of this
Agreement and applicable Tariffs.
6:3 For any traffc originating with a third part carrier and delivered by Triarch to
Verizon, Triarch 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 Tliarch.
6.4 Notwithstanding any provision of this Agreement or otherise, no Interexchange
Carrier (IXC) traffc may be exchanged under this Attachment.
6.5 Any traffc not specifically addressed in this Attchment shall be treated as
required by the applicable Tariff of the Part trnsporting and/or terminating the
traffc.
7. To" Free Service Access Code (e.g., 800/888/877) Traffc
The following terms shall apply when either Part delivers IntraLATA toll free servce
access code (e.g., 800/877/888) ("8YV") calls to the other Part under this Attachment.
For the purposes of this Section 7, the terms "translated" refer to those toll free service
access code calls that have been queried ("translated-) to an 8YV database.
7.1 When Triarch delivers translated IntraLATA 8VY calls to Verizon for completion:
7.1.1 by Verizon:
7.1.1.1 Tóarch will provide an appropriate EMI record to Verizon;
and
7.1.1.2 Tóarch wil bil Verizon the Triarch's Switched Exchange
Access Tariff charges and the Triarch's applicable Tariff
query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 Triarch will provide an appropriateEMI.record to Verizon
and the toll free service access code service provider; and
7.1.2.2 Tóarch wil bil the toll free service accss code service
provider the Triarch's applicable Switched Exchange
Access Tariff charges and the Triarch's applicable Tariff
query charges; and
7.1.2.3 Verizon will bil the toll free service access code service
provider Verizon's applicable Switched Exchange Access
Tariff charges.
Triarch 10 Camp v3.3a 82
7.2 When Verizon performs the query and delivers translated IntraLATA 8VY calls,
originated by Verizon's or another LEC's Customer for completion:
7.2.1 by Triarch:
7.2.1.1 Verizon wil provide an appropriate EMI record to Triarch;
and
)1
7.2.1.2 Verion wil bill Triarch Verizon's applicable Switched
Exchange Accss Tariff chrges and Verizon's applicable
Tari query charges.
7.2.2 by a toll free seice acces code service provider in that LATA:
7.2.2.1 Verizon wil provide an appropriate EMI record to Triarch
and the toll free service access code service provider; and
7.2.2.2 Verion will bill the toll free service access code service
provier Verizon's applicable Switched Exchange Access
Tarif charges and Verizon's applicable Tariff query
charges; and
7.2.2.3 Triarch wil bil the toll free service accss code service
provier the Triarch's applicable Switched Exchange
Acces Tariff charges.
7.3 Verizon will not direct untrnslated toll free service access code calls to Triarch.
Triarch wil not direct untrnslated toll free service access code calls to Verizon.
8. Number Resources, Rate Center Areàs and Routing Points
8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Part's right to employ or to request and be assigned
any Central Offce Codes (UNXX") pursuant to the Central Offce Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
8.2 It shall be the responsibilty of each Part to program and update its own
switches and network systems pursuant to information provided in the LERG in
order to recognize and route traffc to the other Part's assigned NXX codes.
Except as expressly set forth in this Agreement, neither Part shall impose any
fees or charges whatsoever on the other Part for such activities.
Unless otherwise required by Commission order, the Rate Center Areas wil be
the same for each Part. During the term of this Agreement, Triarch shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Verizon within the LATA and Tandem serving area. Triarch shall assign
whole NPA-NXX codes to each Rate Center Area unless otherwise ordered by
the FCC, the Commission or another governmental entity of appropriate
jurisdiction, or the LEC industry adopts alternative methods of utilzing NXXs.
8.3
8.4 Triarch wil also designate a Routing Point for each assigned NXX code. Triarch
shall designate one location for each Rate Center Area in which the Triarch has
established NXX code(s) as the Roung 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 necessrily within the Rate Center Area itself.
Tnarch 10 Camp v3.3a 83
Unless specified otherwise, calls to subsequent NXXs of Triarch wil be routed in
the same manner as calls to Triarch'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 Triarch's choices regarding the size of the local callng area(s)
thatTriarch 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 ("Locl Number Portability").
The Parties wil follow the LNP provisioning procss recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Partes 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
Tnarch 10 camp v3.3a
A Customer of one Part ("Part An) elects to becme a Customer of
the other Part ("Part B"). The Customer elects to utilize the original
telephonenumber(s) corresponding to the Telephone Exchange
Service(s)it previously received from Part A, in conjunction with the
Telephone Exchange Service( s) it wil now receive from Part B. After
Part B has received authorization from the Customer in accrdance
with Applicable Law and sends an LSR to Part A, Parties A and B wil
work together to port the Customer's telephone number(s) from Part
A's network to Part B's network.
When a telephone number is ported out of Part A's netork, Part A
wil remove any non-proprietary line based callng card(s) associated
with the ported number(s) from its Line Information Database (L1DB).
Reactvation of the line-based calling card in another L1DB, if desired,
is the responsibilty of Part B or Part B's Custome.
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 Part 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 resered for
the Customer: Part B may request thafPånyApört all reserved
numbers assigned to the Customer or that Part A port only those
numbers listed by Part B. As long as Part B maintains reserved but
inactive numbers ported for the Customer, Part A shall not reassign
those numbers. Part B shall not reassign the reserved nubers to
another Customer.
When a Customer of Part A ports their telephon numbers to Part B,
in the process of porting the Customer's telepho 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 unconditinal trigger is not available, Party
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 otherwse been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and offcial use and
any other NXX codes required to be designated as non-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 codes in switches
capable of porting shall become commercially available for porting with
the effective date in the network.
9.2.8 Both Parties' use of LNP shall meet the 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 rouUn9
necessary for LNP.
9.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Part has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Serice from
the other Part, the first Part shall cooperate with the second Part to have the
entire NXX reassigned in the LERG (and associated industry databases, roting
tables, etc.) to an End Ofce operated by the second Part. Such transfer wil be
accomplished with appropriate coordination between the Parties and subl to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Part shall charge the other in connection with this eeted
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 Verzon
has deployed LNP throughout its network in compliance with FCC 96-286 and
other applicable FCC Regulations.
9.4.1 If Part B desires to have LNP capabilty deployed in an End Offce of
Party A, which is not currently capable, Part B shall issue a LNP
request to Part A. Part 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. Part A shall proceed to
Tnarch 10 Camp v3.3a 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-capabl.e
End Offces of the other through the Local Exchange Routing Guide
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offces, as set
forth in this Section 9.4.
9.5 Triarch shall submit orders to port numbers electronically using an LSR via the
Verizon web Graphical User Interface ("GUI") or Electronic Data Interface ("EDI")
pursuant to the instructions, business rules and guidelines set forth on the
Verizon Partner Solutions website (formerly referred to as the Verizon wholesale
website).
10. Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Verizon reserves
the right to negotiate in good faith with Triarch 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, wihout limitation,
rates and implementation timeframes), either Part may utilze the Agreements dispute
resolution procedures.
Tnarch 10 Camp v3.3a 86
1. General
RESALE ATTACHMENT
Verizon shall provide to Triarch, in accordance with this Agreement (including, but not
limited to, Verizon's applicable Tariffs) and the requirements of Applicable Law, Verizon's
Telecommunications Services for resal by Triarch; provided, that notwithstanding any
other provision of this Agreement. Verion shall be obligated to provide
Telecommunications Services to Triarch only to the extent required by Applicable Law
and may decline to provide a Telecmmunications Service to Triarch to the extent that
provision of such Telecommunications Service is not required by Applicable.Law.
2. Use of Verizon Telecommunications Services
2.1 Verizon Telecommunications Services may be purchased by Triarch under this
Resale Attachment only for the purpose of resale by Triarch as a
Telecommunications Carrier. Verizon Telecommunications Services to be
purchased by Triarch for other purposes (including, but not limited to, Triarch's
own use) must be purchased by Triarch pursuant to other applicable
Attachments to this Agreement (if any), or separate written agreements,
including, but not limited to, applicable Verizon Tariffs.
2.2 Triarch shall not resell:
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
Triarch 10 camp v3.3a
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 vilation 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 Triarch to comply with this
Section 2.2, Triarch shall take those actions required by Applicable
Law to determine the eligibilty of Triarch Customers to purchase a
service, including, but not limited to, obtaining any proof or certification
of eligibility to purChase Lifeline, linkUp America, or other means-
tested services, required by Applicable Law. Triarch shall indemnify
Verizon from any Claims resultng from Triarch's failure to take such
actions required by Applicable Law.
Verizon may perform audits to confirm Triarch's conformity to the
provisions of this Section 2.2. Such audits may be performed twice
per calendar year and shall be performed in accordance with Section 7
of the General Terms and Conditions.
87
2.3 Triarch shall be subject to the same limitations that Verizon's Customers are
subject to with respect to any Telecommunications Service that Verizon
grandfathers or discntinues offering. Without limiting the foregoing, except to
the extent that Verion follows a different practice for Verizon Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) wil be furnished only to the extent that facilties continue
to be available to provide such Telecommunications Service.
2.4 Triarch shall not be eligible to participate in any Verizon plan or program under
which Verizon Customers may obtain products or services, which are not Verizon
Telecommunications Services, in return for trying, agreeing to purchase,
purchasing, or using Verizon Telecommunications Services.
2.5 In accordance with 47 CFR § 51.617(b), Verizon shall be entitled to all charges
for Verizon Exchange Access services used by interexchange carriers to provide
service to Triarch Customers.
3. Availabilty of Verizon Telecommunications Services
3.1 Verizon wil provide a Verizon Telecommunications Service to Triarch for resale
pursuant to this Attchment 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, discntinue
or withdraw Verizon Telecommunications Services at any time, without the
consent of Triarch.
3.3 To the extent required by Applicable Law, the Verizon Telecommunicatins
Services to be provied to Triarch 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 Triarch.
4. Responsibilty for Charges
4.1 Triarch 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
Triarch, Triarch Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Verizon to Triarch
pursuant to tRis Resle Attachment.
4.2 Upon request by Trirch, Verizon will provide for use on resold Verizon retail
Telecommunications Service dial tone lines purchased by Triarch 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. Triarch 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 Triarch's
purchase of such blocking or screening services, Triarch's end user Customers
or other persons ordering, activating or using Telecommunications Services on
Tnarch 10 Camp v3.3a 88
the resold dial tone lines may complete or accept calls which Triarch intended to
block. Notwithstanding the foregoing, Triarch shall be responsible for and shall
pay Verizon all charges for Telecommunications Services provided by Verizon or
provided by persons other than Verizon and biled 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 Triarch Customer
locations for the purpose of installng, inspecting, maintaining,
repairing, and removing, facilties, equipment, softare, and wiring
used to provide the Verizon Telecommunications Services. Triarch
shall, at Triarch's expense, obtain any rights and authorizations
necessary for such access.
5.1.3 Except as otherwise agreed to in writing by Verizon, Verizon shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, softare, or wiring provided by Triarch
or Triarch 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 Triarch, 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 Triarch to use Verizon's Marks.
5.2.2 To the extent required by Applicable Law, upon request by Triarch and
at prices, terms and conditions to be negotiated by Triarch and
Verizon, Verizon shall provide Verizon Telecommunications Services
for resale that are identified by Triarch'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, Triarch will be responsible for
entering into a direct contractual arrangement with the third-party
contractor at Triarch's expense (a) to obtain identification of Verizon
operator services or Verizon directory assistance purchased by Triarch
for resale with Triarch's trade name, or (b) to obtain removal of
Verizon Marks from Verizon operator services or Verizon directory
assistance purchased by Triarch for resale.
6. Rates and Charges
The rates and charges for Verizon Telecommunication Services purchased by Triarch for
Triarch 10 Camp v3.3a 89
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
Attachment.
7. Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Verizon reserves
the right to negotiate in good faith with Triarch 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 Agreements dispute
resolution procedures.
Triarch 10 Camp v3.3a 90
NETWORK ELEMENTS ATTACHMENT
1. General
1.1 Verizon shall provide to Triarch, in accordanc with this Agreement (including,
but not limited to, Verizon's applicable Tariffs) and the requirements ofthe
Federal Unbundling Rules, accss to Verizon's Network Elements on an
unbundled basis and in combinations (Combinations), and UNEs commingled
with wholesale services ("Commingling"); provided, however, that
notwithstanding any other provision of this Agreement, Verizon shall be obligated
to provide accss to unbundled Network Elements (UNEs), Combinations, and
Commingling to Triarch under the terms of this Agreement only to the extent
required by the Federal Unbundling Rules and may decline to provide accss to
UNEs, Combinations, or Commingling to Triarch to the extent that provision of
such UNEs, Combinations, or Commingling is not required by the Federal
Unbundling Rules.
1.2 Verizon shall be obligated to combine UNEs that are not already combined in
Verizon's network only to the extent required by the Federal Unbundling Rules.
Except as otherwise required by this Agreement and the Federal Unbundling
Rules: (a) Verizon shall be obligated to provide a UNE or Combination pursuant
to this Agreement only to the extent such UNE or Combination, and the
equipment and facilities necessary to provide such UNE or Combination, are
already available in Verizon's netwrk; and (b) Verizon shall have no obligation to
construct, modify, or deploy facilties or equipment to offer any UNE or
Combination.
1.3 Triarch may use a UNE or Combinaion only for those purposes for which
Verizon is required by the Federal Unbundling Rules to provide such UNE or
Combination to Triarch. Without limiting the foregoing, Triarch 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 Triarch, and Triarch 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
Triarch on an unbundled basis or in combination with other Network Elements.
1.5 If as the result of Triarch Customer actions (e.g., Customer Not Ready ("CNR")),
Verizon cannot complete requested work actiity when a technician has been
dispatched to the Triarch Customer premises, Triarch 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 provied for in the Pricing Attachment (or, in the
absence of a Customer Not Ready Charge, th Premises Visit Charge as
provided in Verizon's applicable retail or wholesale Tariff or in the Pricing
Attachment).
Triarch 10 camp v3.3a 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
1.6.1.2
Triarch 10 Camp v3.3a
Verizon may cease ~ or providing Triarch with access
on an unbundled basis_.. prescribed under Section
. 251 of the Act to any f,- that is or becomes a
Discontii1ed Facilty, 'NIl'" as a stand-alone UNE, as
part of a Combination, or otise. To the extent Verizon
has not already ceased ofering or providing unbundled
access to "a particular DisctinUé Facility that is a
Discotimied Facility as of the Effctive Date, Verizon may
cease offering or providing unbuled access to such
" Discontiñued Facility immediatel upon the Effective Date
without further notice to Triarch. Subject to Section 1.7
below, if a facilty on or at any tim after the Effective Date
is or becomes a Discontinued Facity, Verizon, to the extent
it has not already ceased providl unbundled access to
such Discontinued Facilty, and Pfided it has given at
least ninety (90) days written notice of discontinuance in
cases where it has not already ceed providing such
access, wil continue to provide unbundled access to such
Discontinued Facility under the Agfeement only through th
effective date of the notice of discotinuance, and not
. beyond that date.
Where Verizon is pered to cease providing a
Discontinued Facility puant to Section 1.6.1 above and
Triarch haiS not subm.. LSR or ASR, as appropriate,
to Verzonj requesting c:Mltion of the Discontinued
Facilty an~ has not se".cured from Verizon an
alterntivE! arrangement to rep the Discontinued Facilty,
then Veriz,bn, to the extent It ii not already done so, may
disconneq the subject Discoue Facilty without further
notice to lfriarch. In lieu of disccting the subject
Discontinued Facilty in the foNg circumstances,
Verizon, ir: its sole discretion, .. elect to: (a) convert the
subject Di~continued Facilty to .. arrangement available
under a V$rizon access tariff (in wl case month-to-month
rates shall! apply unless a different rae applies under an
applicablei special access terrnole plan or other special
access tatiff arrangement in whic Triarch is then enrolled),
a resale arrangement, or other anous arrangement that
Verizon shall identify or has iden in writing to Triarch,
or (b) in lieu of such a conversion, rerice the subject
Discontinued Facility by applicati of a new rate (or, in
Verizon's sole discretion, by appliction of a surcharge to an
existing rate) to be equivalent to an arrangement available
under a V~rizon access tariff (at month-to-month rates
unless a different rate applies und an applicable special
access term/volume plan or other spial access tariff
arrangement in which Triarch is then enrolled), a resale
arrangem~nt, or other analogous arrangement that Verizon
shall identIfy or has identified in writing to Triarch; provided,
!
i
i
!
i92
I
I
however, that Verizon may disconnect the subject
Discontinued Facilty (or the replacement service to which
the Discontinued Facilty has been converted) if Triarch 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
Triarch seeks to convert from another wholesale service to an
unbundled network element (collectively, "TRRO Certification
Elements"), Triarch must undertake a reasonably dilgent inquiry and,
based on that inquiry, certify that, to the best of its knowledge,
Triarch's request is consistent with the requirements of the TRRO and
that Triarch is entitled to unbundled access to the subject element
pursuant to section 251 (c)(3) of the Act. Triarch shall provide such
certification using the automated method that Verizon makes available
for that purpose. Triarch's reasonably diligent inquiry must include, at
a minimum, consideration of any list of non-impaired UNE Wire
Centers that Verizon makes or has made available to Triarch 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 Triarch under a non-disclosure agreement or that is
otherwise available to Triarch.
," "':. i.." ~".'
1.7.2 Provision-then-Dispute Requirements.
1.7.2.1 Upon receiving a request from Triarch for unbundled access
to a TRRO Certification Element and the certification
required by Section 1.7.1 above, and except as provided in
Section 1.7.2.3 below, Verizon shall process the request in
accordance with any applicable standard intervals. If
Verizon wishes to challenge Triarch's right to obtain
unbundled access to the subject element pursuant to 47
U.S.C. § 251 (c)(3), then (except as provided in Section
1.7.2.3 below) Verizon must provision the subject element
as a UNE and then seek resolution of the dispute by the
Commission or the FCC, or through such other dispute
resolution process that Verizon elect to invoke under the
dispute resolution provisions of this Agreement.
1.7.2.2 ira dispute pursuant to section 1.7.2.1 above is resolved iii
Verizon's favor, then Triarch shall compensate Verizon for
the additional charges that would apply if Triarch 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 Triarch requests disconnection
of the subject facility or an alternative term that Verizon
Triarch 10 Camp v3.3a 93
offers under its interstate special access tariff for the subject
facility or service.
1.7.2.2.1 In the case of Dark Fiber Transport (there being
no analogous service under Verizon's access
tariff), the.monthly recurring charges that
Verizon may charge, and that Triarch shall be
obligated to pay, for each circuit 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 agree in writing by the
Parts, Verizon may, withou furter 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 Triarch, within thirt (30) days of the date
on which the dispute is resoled in Verion's
favor, submits a valid ASR for a "lit" serice to
replace the subject Dark Fiber Transpor facilty,
Verizon shall continue to provide the Dark Fiber
Transport facilty at the rates specified above,
but only for the duration of the standard interval
for installation of the "lit" service.
1.7.2.3 Notwithstanding any other provision of the Agreement,
Verizon may reject a Triarch order for a TRRO Cerification
Element without first seeking dispute reslution: (a) in any
case where Triarch's order conflicts with a provision of a
Verizon Tariff, (b) in any case where Triarch's order
conflicts with a non-impaired UNE Wire Center desgnation
set forth in a Wire Center List that Verizon has made
available to Triarch by notice and/or by publication on
Verizon's wholesale website, (c) in any case where Triarch's
order conflicts with a non-impaired UNE Wire Center
designation that the Commission or the FCC has ordered or
approved or that has otherwise been cofirmed thrugh
previous dispute resolution (regardless of whether Triarch
was a part to such dispute resolution), or (d) as oterwise
permitted under the Federal Unbundling Rules (including,
but not limited to, upon a determination by the Commission,
the FCC, or a court of competent jurisdicion 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 Verion is not required
to provide under the Federal Unbundling Rules (including withut limitatin any
arrangement, facility, service or the like that Verizon offers under an accss tariff
shall be deemed not to have been conducted pursuant to the Agreement, 47
U.S.C. § 252(a)(1), or 47 C.F.R Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. § 252(b). Any reference in this
Attachment to Verizon's provision of a arrangement, facility, service or the like
that Verizon is not required to provide under the Federal Unbundling Ruls is
solely for the convenience of the Partes and shall not be construed to require or
Tnarch 10 Camp v3.3a 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 Attachment, in accordance with, but
only to the extent required by, the Federal Unbundling Rules, Verizon shall provide
Triarch access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
2.2 Line Splitting (also referred to as "Loop Sharing"), as set forth in Section 4 of this
Attachment;
2.3 (Intentionally Left Blank);
2.4 Sub-Loops, as set forth in Section 6 of this Attachment;
2.5 Sub-Loop for Multunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
2.6 Dark Fiber Transport (sometimes referred to as "Dark Fiber IOF'') as set forth in
Section 8 of this Attachment;
2.7 Network Interface Device, as set forth in Section 9 of this Attachment;
2.8 (Intentionally Left Blank);
2.9 Dedicated Transport (may also be referred to as "Interoffce Transmission
Facilities") (or "IOF"), as set forth in Section 11 of this Attachment;
2.10 (Intentionally Left Blank);
2.11 Operations Support Systems, as set fort 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 Secton 1 of this Attachment. Verizon shall
allow Triarch to access Loops unbundled from local switching and local transport,
in accordance with this Section 3 and the rates and charges provided in the
Pricing Attachment. Verizon shall allow Triarch accss to Loops in accordance
with, but only to extent required by, the Federal Unbundling Rules. Subject to the
foregoing and the provisions regarding FTP Loops, in Section 3.5 bel()w, and
Hybrid Loops, in Section 3.6 below, the available Loop types are as set forth
below:
3.1.1 "2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an
effective 2~wire channel with 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals and loop-start signaling. This Loop type is more fully
described in Verizon Technical Reference (TR)-72565, as revised from
time-to-time. If "Customer-Specified Signaling" is requested, the Loop
will operate with one of the following signaling types that may be
specified when the Loop is ordered: loo-start, ground-start, loop-
reverse-battery, and no signaling. Customer specified signaling is
Triarch 10 Comp v3.3a 95
3.1.2
3.1.3
3.1.4
3.1.5
Tnarch 10 Camp v3.3a
more fully described in Verizon TR-72570, as revised from time-to-
time. Verion wil not build new facilties or modify existing facilities
except to the extent required in Section 17 of this Attachment.
"4-Wire Analog Voice Grade Loop" or "Analog 4W" provides an
effective 4-wire channel with 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signal. This Loop type wil operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Verizon TR-72570, as
revised from time-to-time. Verizon wil not build new facilties or
modify existing facilties except to the extent required in Section 17 of
this Attachment.
"2-Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digital servces using the ISDN 2B1Q line code. This Loop
type is more fully described in American National Standards Institute
(ANSI) Tl.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 witin 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 Serve Areas only, Triarch may order a 2-Wire Digital
Compatible Loop using 2-wire ISDN ordering codes to provide similar
capability. Verizon wil not build new facilties or modify existing
facilities except to the extent required in Section 17 of this Attachment.
"2-Wire ADSL-Compatible Loop" or "ADSL 2W'provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
digital signals up to 8 Mbps toward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in Verizon
TR-72575, as revised from time-to-time. ADSL-Compatible Loops wil
be availabl only where existing copper facilities are available and
meet applicable specfications. Verizon wil not build new facilties or
modify existing facilties except to the extent required in Sections 3.2
or 17 of thi 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, Triarch may order a 2-
Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capability.
"2-Wire HDSL-Compatible Loop" or "HDSL 2W" consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrier serving
area design criteria. This Loop type is more fully described in Verizon
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and de line power limits referenced in Verizon TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops wil be provided only where existing facilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, Triarch may order a 2-Wire Digital
96
3.1.6
3.1.7
3.1.8
3.1.9
Tnarch 10 Camp v3.3a
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capability. Verizon will not build new facilties or modify existing
facilities 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
Loop!' wil be provided only where existing facilties are available and
can meet applicable specifications. Verizon will 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 LGI" consists of a single 2-wire
non-loaded, twisted copper pair thl..ts revised resistance design
criteria. This Loop is intended to "'WI with ver ""ow band
symmetric DSL systems that met" Class 1 silpower limits and
other criteria in the T1 E1.4 loop lIm manageent standard
(T1 E1.4/2000-o02R3) and are "."patible wM 2B1 Q 160 kbps
ISDN transport systems. The '-data rate achieved depends upon
the performance of CLEC-ovklnbdems with the electrical
characteristics aeociate wilf" loop. This Loop type is more fully
described i,,'T1 E1.4/200-Q, as revised from time-to-time. This
loop cannot be pnde'-UOLC. The 2-Wire IDSL~Còmpatible
Metallc Loop is awl..1 od in the former Bell Atantic Service
Areas. In the former G' Service Areas only, Triarch may order a 2-
Wire Digital Compatible Lo using ISDN ordering codes to provide
similar capabilty. Verizon wil not build new facilties or modify existing
facilties excpt 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-o02R3). 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 datarate a9~ievect~e.l?ends on the
performance of the CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1 E1.4/2000-002R3, as revised from time-to-time. The
2-Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. In the former GTE Service Areas only, Triarch
may order a 2-Wire Digital Compatible Loop to provide similar
capabilty. SDSL-compatible local loops wil be provided only where
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.
"4-Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission
path that is suitable for the tran$port of digital data at a synchronous
rate of 56 kbps in opposite direètions.on suchLoöp 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 capability. Verizon shall
provide 4-Wire 56 kbps Loops to Triarch in accordance with, and
subject to, the technical specifications set forth in Verizon TR-72575,
as revised from time-to-time. Verizon wil not build new facilties or
modify existing facilties except to the extent required in Section 17 of
this Attachment.
3.1.10 "DS1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Verizon TR 72575, as revised from time to time. The DS1
Loop includes the electronics necessary to provide the DS1
'" transmission rate. If, at the requested installation date, the electronics
necessary to provide the DS1 transmission rate are not available for
the requested DS1 Loop, then Verizon wil not install new electronics
except to the extent required in Section 17 of this Attachment. Verizon
wil not build new facilties and wil not modify existing facilities except
to the extent required in Section 17 of this Attachment. If the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DS1 Loop,
upon request by Triarch, the DSl 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 "081 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachmentlhat.provides8'digital transmission channel suitable for the
transport.of 1".54- 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
3.1.12
Triarch 10 Camp v3.3a
"DS3 Loops" wil support the transmission of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DSl channels).
This Loop type is more fully descrbed in Verizon TR 72575, as revised
from time to time. The DS3 Loop includes the electronics necessary
to provide the DS3 transmission rate. If, at the requested installation
date, the electronics necessary to provide the DS3 transmission rate
are not available for the requested DS3 Loop, then Verizon wil not
install new electronics except to the extent required in Section 17 of
this Attachment. Verizon wil not build new facilties 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, thèterrn"DS3 Loop" further includèS any type ofLoop
described in Section 3.1 of the Network Elements Attachment that
provides a digital transmission channel suitable for the transport of
44.736 Mbps digital signals, regardless of whether the subject Loop
meets the specific definition of a DS3 Loop set forth in this section.
In the former Bell Atlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific Triarch
requirements for metallic loops over 18k ft. or for conditioning of
ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loops. "Digital Designed
Loops" may include requests for:
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 ftwith an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed Metallc Loop with Verizon-placed
ISDN loop extension electonics;
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 Triarch at the
rates as set forth in the Pricing Attaålment.
3.1.14 In the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific Triarch requirements
for metallc loops over 12k ft. or for conditioning of 2-wire or 4-wire
digital or BRIISDN 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 Triarch at the rates
as set forth in the Pricing Attachment.
Triarch 10 Camp v3.3a 99
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1
3.2.2
3.2.3
3.2.4
Triarch 10 Camp v3.3a
Triarch shall place orders for xDSL Compatible Loops, Digital
Designed and Conditioned Loops by delivering to Verizon a valid
electronic transmittal Service Order or other mutually agreed upon
type of Service Order. Such Service Order shall be provided in
accordance with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
In former Bell AUantic Servce Areas, Verizon is conducting a
mechanized survey of existng Loop facilties, on a Central Offce by
Central Offce basis, to identify those Loops that meet the applicable
technical characteristics established by Verizon for compatibilty with
xDSL Compatible or BRI ISDN signals. The results of this survey wil
be stored in a mechanized database and made available to Triarch as
the process is completed in each Central Offce. Triarch must utilze
this mechanized loop qualifcation 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 fort in the Pricing Attachment.
In former GTE Service Areas, Verizon provides access to mechanized
xDSL loop qualifcation information to help identify those loops that
meet applicable technical characteristics for compatibilty with xDSL
Services that the CLEC may wish to offer to its end user Customers.
Triarch must accss Verizon's mechanized loop qualification system
. through the use of the on-line computer interface at
ww.verizon.com/wise in advance of submitting a valid electronic
transmittal Servic Order for xDSL service arrangements. The loop
qualification inforation provided by Verizon gives Triarch the ability to
determine loop composition and loop length, and may provide other
loop characteristcs, when present, that may indicate incompatibilty
with xDSL Servics 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 Triarch to evaluate the loop qualification information
provided by Verion and determine whether a loop meets Triarch
requirements for xDSL Service, including determining whether
conditioning should be ordered, prior to submitting an Order.
If the Loop is not listed in the mechanized database described in
Section 3.2.2 of this Attachment, Triarch must request a manual loop
qualification, where such qualification is available, prior to submitting a
valid electronic Service Order for an xDSL Compatible or BRI ISDN
Loop. In general, Verizon wil complete a manual loop qualification
request within three (3) Business Days, although Verizon may require
additional time due to poor record conditions, spikes in demand, or
other unforeseen events. The manual loop qualification process is
currently available in the former Bell Atlantic Service Areas only.
If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.g., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), Triarch may request an Engineering Query,
where available, as described in Section 3.2.7 of this Attachment, to
determine whethr the result is due to characteristics of the loop itself
100
(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, Triarch 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 wil
apply.
3.2.5.2 If the Loop is determined to be xDSL Compatible, but the
Loop serving the service address is unusable or unavailable
to be assigned as an xDSL Compatible Loop, Verizon wil
search the Customer's serving terminal for a suitable spare
facility. If an xDSL Compatible Loop is found within the
serving terminal, Verizon wil perform a Line and Station
Transfer (or "pair swap") whereby the Verizon technician wil
transfer the Customer's existing service from one existing
Loop facility onto an alternate existing xDSL Compatible
Loop facilty serving the same location. Verizon performs
Line and Station Transfers in accordance with the
procedures developed in the DSL Collaborative in the State
of New York, NY PSC Case 00-C-0127. Standard intervals
do not apply when Verizon performs a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
If Triarch submits a Service Order for an xDSL Compatible or SRI
ISDN Loop that has not been prequalified, Verizon wil query the
Service Order back to Triarch for qualification and wil not accept such
Service Order unti the Loop has been prequalified on a mechanized
or manual basis. If Triarch submits a Service Order for an xDSL
Compatible or SRI 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 Triarch with a "Nonqualified" indicator and
with information showing whether the non-qualified result is due to the
presenc of load coils, presence of digital loop carrier, or loop length
(including bridged tap).
3.2.6
3.2.7
Triarch 10 Camp v3.3a
Where Triarch has followed the prequalification procedure described
above and has determined that a Loop is not compatible withxDSL
technologies or SRI ISDN service in its existing condition, it may either
request an Engineenng Query, where available, to determine whether
conditioning may make the Loop compatible with the applicable
service; or if Triarchis already aware of the conditioning required (e.g.,
where Triarch has previously requested a qualification and has
obtained loop characteristics), Triarch may submit a Service Order for
a Digital Designed Loop. Verizon will undertake to condition or extend
the Loo in accordance with this Section 3.2 of this Attachment upon
receipt of Triarch's valid, accurate and pre-qualified Service Order for
a Digital Designed Loop.
101
3.2.8 The Parties wil make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. In general, where
conditioning or loop extensions are requested by Triarch, an interval of
eighteen (18) Business Days wil be required by Verizon to complete
the loop analysis and the necessary construction work involved in
conditioning and/or extending the loop as follows:
3.2.8.1 Three (3) Business Days wil be required following receipt of
Triarch's valid, accurate and pre-qualified Service Order for
a Digital Designed or Conditioned Loop to analyze the loop
and related plant records and to create an Engineering
Work Order.
3.2.8.2 Upon completion of an Engineering Work Order, Verizon
wil initiate the construction order to perform the
changes/modifications to the Loop requested by Triarch.
Conditioning activities are, in most cases, able to be
accmplished 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 Triarch requires a change in scheduling, it must contact Verion to
issue a supplement to the original Service Order. If Triarch cancels
the request for conditioning after a loop analysis has been completed
but prior to the commencement of construction work, Triarch shall
compensate Verizon for an Engineering Work Order charge as set
forth in the Pricing Attachment. If Triarch cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, Triarch shall compensate
- Verizon for an Engineering Work Order charge as well as the charges
associated with the conditioning tasks performed as set forth in the
Pricing Attchment.
3.3 Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Local
Loops (Analog 2W Loops).
3.3.1 The following coordination procedures shall apply to "live" cutovers of
Verizon Customers who are converting their Telephone Exchange
Services to Triarch Telephone Exchange Services provisioned over
Analog 2W Loops to be provided by Verizon to Triarch:
3.3.1.1 Coordinated cutover charges shall apply. tOCQQversons of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion, additional charges may apply. If Triarch does
not request a coordinated cutover, Verizon wil process
Triarch's order as a new installation subject to applicable
standard provisioning intervals.
3.3.1.2 Triarch shall request Analog 2W Loops for coordinated
cutover from Verizon by delivering to Verizon a valid
electronic Local Service Request ("LSR"). Verizon agrees
to accept from Triarch the date and time for the conversion
designated on the LSR ("Scheduled Conversion Time"),
Tnarch 10 Camp v3.3a 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, Triarch and Verizon shalf mutually agree on
a New Conversion Time, as defined below. Triarch 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 Triarch the
scheduled due date for conversion of the Analog 2W Loops
covered by such LSR.
3.3.1.3 Triarch shall provide dial tone at the Triarch collocation site
at least fort-eight (48) hours prior to the Scheduled
Conversion Time.
3.3.1.4 Either Part may contact the other Partlo 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 resceduled more than one
(1) time in a Business Day, and any two New Conversion
Times for a particular Analog 2W Loop shall differ by at
least eight (8) hours, unless otherwise agreed to by thePartes.
3.3.1.5 If the New Conversion Time is more than one (1) business
hour from the original Scheduled Converson Time or from
the previous New Conversion Time, the Part requesting
such New Conversion Time shall be subject to the following:
3.3.1.5.1 If Verizon requests to reschedule outside of the
one (1) hour time frame above, the Analog 2W
Loops Service Order Charge for the original
Scheduled Conversion Time or the previous
New Conversion Time shall be credited upon
request from Triarch; and
3.3.1.5.2 If Triarch requests to reschedule outside the one
(1) hour time frame above, Triarch 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 Triarch is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply.
If Verizon is not available or ready to perform the
conversion within thirt (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable.
Verizon and Triarch wil reschedule and, upon request from
Triarch 10 Camp v3.3a 103
Triarch, 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 Triarch 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 wil be completed according to
Nort American Numbering Council (NANC) standards, via
the regional Number Portability Administration Center
(NPAC).
3.3.1.9 If Triarch requires Analog 2W Loop conversions outside of
the regularly schedule Verizon RCCC operating hours,
such conversions shall be separately negotiated. Additional
charges (e.g. overtime labor charges) may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
3.4 (Intentionally Left Blank).
3.5 FTTP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
anyVerizon Tariff, Triarch shall not be entitled to obtain access to a
FTP Loop, or any segment thereof, on an unbundled basis when
Verizon deploys such a Loop to the Customer premises of an end user
that has not been served by any Verizon Loop other than a FTTP
Loop.
3.5.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Verizon Tariff, if (a) Verizon deploys an FTP Loop to replace a
copper Loop previously used to serve a particular end user's customer
premises, and (b) Verizon retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for Triarch's provision of
a voice grade service to that end usets customer premises, then in
accordance with, but only to the extent required by, the Federal
Unbundling Rules, Verizon shall provide Triarch with nondiscriminatory
access on an unbundled basis to a transmission path capable of
providing DSO voice grade serve to that end user's customer
premises.
3.6 Hybrid Loops.
3.6.1 Packet Switched Features, Functions, and Capabilties.
Notwithstanding any other provision of this Agreement or any Verizon
Tariff or SGAT, Triarch shall not be entitled to obtain access to the
Packet Switched features, functins, 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 Triarch 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
Triarch 10 Camp v3.3a 104
Unbundling Rules, Verizon shall provide Triarch with unbundled
access to the existing time division multiplexing features, functions,
and capabilities of that Hybrid Loop, including DS1 or DS3 capacity
(but only where impairment has been found to exist, which, for the
avoidance of any doubt, does not include instances where Verizon is
not required to provide unbundled access to a DS1 Loop or a DS3
Loop under Section 1 of this Attachment) to establish a complete time
division multiplexing transmission path between the main distribution
frame (or equivalent) in a Verizon End Offce serving an end user to
the demarcation point at the end user's Customer premises. This
access includes access to all features, functions, and 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 Triarch 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 accrdance with, but only to the extent
required by. the Federal Unbundling Rules, Verizon shall, in its sole
discretion, either (a) provide accss 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-gre transmission path
between the main distrbution 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 Uie conditions set forth in Section 1 of this Attachment,if
Triarch requests, in order to provide narrowband services, unbundling
of a 2 wire analog or 4 wire analog Loop currently provisioned via
Integrated Digitaf Loop Carrier (over a Hybrid Loop) or via Remote
Switching technology deployed as a Loop concentrator Verizon shall,
in accordanc with but only to the extent required by the Federal
Unbundling Rules, provide Triarch unbundled accss 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 Triarch with an existing
copper Loop or a Loop served by existing Universal Digital
wop Carrier ("UDLC"). Standard recurring and non-
reurring Loop charges wil apply. In addition, a non-
recurring charge wil apply whenever a line and station
trnsfer is performed.
3.6.4.2 If neither a copper Loop nor a Loop served by UDLC is
available, Verizon shall, upon request of Triarch, 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, Triarch
slall 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;
Triarch 10 Camp v3.3a 105
(b) upon Triarch'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 Triarch after construction work has
started, Triarch shall be responsible for cancellation
charges and a pro-rated charge for construction work
performed prior to the cancellation.
3.6.4.3 Verizon may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.6.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as "Loop Sharing")
4.1 Line Splitting is a process in which one CLEC provides narrowband voice service
over the low frequency porton 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 hih 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 collocted 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, Triarch may
engage in Line Splitting, in accordance with this Section 4 and the rates and
charges provided for in the Pricing Attachment. Verizon shall provide accss to
Line Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between Triarch and another CLEC shall be accomplished by
prior negotiated arrangement between Triarch and the other CLEC. Triarch shall
give Verizon written notice of this arrangement through the Verizon Partner
Solutions Local Service Customer Profile Form (formerly referred to as the
Verizon Wholesale Local Service Customer Profile Form) on the Verizon Partner
Solutions website (formerly referred to as the Verizon wholesale website), or
such other electronic notice mechanism that Verizon may make available, at
least thirt (30) days prior to placing an order for a Line Splitting arrangement
with such other CLEC. The other CLEC must have an interconnection
agreement with Verizon that permits it to engage in Line Splitting with Triarch.
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
_ q ualificatioll charges,. and OSS charges.
4.4 In order to facilitate Triarch's engaging in Line Splitting pursuant to this Section 4,
Triarch may order for use in a Line Splitting arrangement, thos Network
Elements, Combinations, Collocation arrangements, services, facilties,
equipment and arrangements, appropriate for Line Splitting, that are offered to
Triarch by Verizon under the other sections of this Agreement. Such Network
Elements, Combinations, Collocation arrangements, services, facilties,
equipment and arrangements, wil be provided to Triarch in accordance with, and
subject to, the rates and charges and other provisions of this Agreement and
Verizon's applicable Tariffs. Verizon shall be obligated to provide Network
Elements, Combinations, Collocation arrangements, services, facilties,
Triarch 10 Camp v3.3a 106
equipment and arrangements, for Line Splitting only to the extent required by the
Federal Unbundling Rules.
4.5 Triarch and/or the other participating CLEC shall provide any splitters and/or
Digital Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Verizon Product Interval Guide; provided that the standard
provisioning interval for a Line Splitting arrangement shall not exceed the
shortest of the following intervals: (1) the standard provisioning interval for a Line
Splitting arrangement if stated in an applicable Verizon Tariff; or, (2) the standard
provisioning interval for a Line Splitting arrangement, if any, established in
accrdance with the Federal Unbundling Rules. The standard provisioning
interval for a Line Splitting arrangement shall commence only after any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
4.7 Verizon shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either Triarch's or the other CLEC's respective
voice or data services over a Line Splitting arrangement.
5. (This Section Intentionally Left Blank)
6. Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Triarch, Verizon shall allow Triarch to access Sub-Loops unbundled from locl 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 Triarch access to Sub-Loops in
accordance with, but only to the extent required by, the Federal Unbundling Rules. The
available Sub-Loop types are as set forth below.
6.1 Unbundled Sub-Loop Arrangement- Distribution (USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Triarch, Verizon shall provide Triarch with accss to a Sub-Loop
Distribution Facilty in accordance with, and subject to, the terms and provisions
of this Section 6.1, the rates set forth in the Pricing Attachment, and the rates,
terms and conditions set forth in Verizon's applicable Tariffs. Verizon shall
provide Triarch with access to a Sub-Loop Distribution Facility in accordance
with, but only to the extent required by, the Federal Unbundling Rules.
6.1.1 Triarch may request that Verizon reactivate (if available) an unused
drop and NID or proyide Triarch with acçesstoadß:ipand NIDthat, at
the time of Triarch's request, Verizon is using to provide service to the
Customer (as such term is hereinafter defined).
Upon site-specific request, Triarch may obtain access to the Sub-Loop
Distribution Facility at a technically feasible access point located near
a Verizon remote terminal equipment enclosure at the rates and
charges provided for in the Pricing Attachment. It is not technically
feasible to access the Sub-Loop Distribution Facilty if a technician
must access the facilty by removing a splice case to reach the wiring
within the cable. Triarch may obtain accss to a Sub-Loop Distribution
Facility through any method required by the Federal Unbundling
Rules, in addition to existing methods such as from a
6.1.2
Triarch 10 Camp v3.3a 107
Telecommunications outside plant interconnection cabinet (TOPIC) or,
if Triarch is collocated at a remote terminal equipment enclosure and
the FDI for such Sub-Loop Distribution Facility is located in such
ensure, from the collocation arrangement of Triarch at such
terminaL. If Triarch obtains access to a Sub-Loop Distribution Facilty
from a TOPIC, Triarch shall install a TOPIC on an easement or Right
of Way obtained by Triarch within 100 feet of the Verizon FDI to which
such Sub-Loop Distribution Facilty is connected. A TOPIC must
coply 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 Triarch 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
Triarch for any of Triarch's electronics in the TOPIC. Triarch 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 Triarch may request from Verizon by submitting a loop make-up
engineering query to Verizon, and Verizon shall provide to Triarch, the
following information regarding a Sub-Loop Distribution Facilty that
serves an identified Customer: the Sub-Loop Distribution Facilty's
length and gauge; whether the Sub-loop Distribution Facilty has
19f1ding and bridged tap; the amount of bridged tap (if any) on the Sub-
Loop Distribution Facilty; and, the loction of the FDI to which the
Sub-Loop Distribution Facility is connected.
6.1.4 To order access to a Sub-Loop Distribution Facility from a TOPIC,
Triarch must first request that Verizon connect the Verizon FDI to
which the Sub-Loop Distrbution Facility is connected to a Triarch
TOPIC. To make such a request, Triarch must submit to Verizon an
application (a "Sub-Loop Distribution Facility Interconnection
Application") that identifies the FDI at which Triarch wishes to access
the Sub-Loop Distribution Facilty. A Sub-Loop Distribution Facility
Interconnection Application shall state the location of the TOPIC, the
size of the interconnecting cable and a description of the cable's
supporting structure. A Sub-Loop Distribution Facility Interconnection
Application shall also include a five-year forecast of Triarch's demand
for access to Sub-Loop Distribution Facilities at the requested FDI.
Triarch must submit the application fee set forth in the Pricing
Attachment attached hereto and Verion's applicable Tariffs (a "Sub-
Loop Distribution Facilty Application Fee") with Sub-Loop Distribution
Faciltylntertonnection Application. Triarch rnust submit Sub-Loop
Interconnection Applications to:
Triarch's Account Manager
6.1.5 Within sixt (60) days after it receives a complete Sub-Loop
Distribution Facility Interconnection Application for access to a Sub-
Loop Distribution Facility and the Sub~Loop Distribution Facilty
Application Fee for such application, Verizon shall provide to Triarch a
work order that describes the work tht Verizon must perform to
provide such access (a "Sub-Loop Distribution Facility Work Ordet')
Triarch 10 Camp v3.3a 108
6.1.6
6.1.7
6.1.8
6.1.9
6.1.10
6.1.11
Triarch 10 Camp v3.3a
and a statement of the cost of such work (a "Sub-Loop Distribution
Facilit Interconnection Cost Statement').
Triarc shall pay to Verizon fift percent (50%) of the cost set forth in a
Sub-Loop Distributi0l" Facilty Interconnection Cost Statement within
sixty (60) d¡:ys of Triarch's receipt of such statement and the
assocated Sub-oop Distribution Facilty Work Order, and Verizon
shall not be obligated to perform any of the work set forth in such order
unti Verizon has received such payment. A Sub-Loop Distribution
Facilit Interconnection Application shall be deemed to have been
withdrawn if Triarch breaches its payment obligation under this
Section. Upon Verizon 's completion of the work that Verizon must
perform to provie Triarch with acces to a Sub-Loop Distribution
Facilty, Verizon shall bil Triarch, and Triarch shall pay to Verizon, the
balanc of the cost set fort in the Sub-Loop Distribution Facilty
Interconnection Cost Statement for such access.
After Verizon has completed the installation of the interconnecting
cable to a Triarch TOPIC and Triarch has paid the full cost of such
installation, Triarch can request the connection of Verizon Sub-Loop
Distribution Faciities to the Triarch TOPIC. At the same time, Triarch
shall advise Verizon of the services that Triarch plans to provide over
the Sub-Loop Distribution Facility, request any conditioning of the Sub-
Loop Distribution Facilty and assign the pairs in the interconnecting
cable. Triarch shall run any crosswires within the TOPIC.
IfTriarch requestslhåt Verizon reactivate an unused dropandNID,
then Triarch shall provide dial tone (or its DSL equivalent) on ,fue
Trlarch 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 Facility to the Triarch dial tone or equivalent from the
TOPIC. If Triarch requests that Verizon provide Triarch with access to
a Sub-Loop Disbibution Facility that, at the time of Triarch's request,
Verizon is using to provide service to a Customer, then, after Triarch
has looped two interconnecting pairs through the TOPIC and at least
twenty four (24) hours before the due date, a Verzon technician shall
crosswire the dial tone from the Verizon central offce through the
Verizon side of the TOPIC and back out again to th Verizon FDI and
Verizon Sub-Loop Distribution Facilty using the "oop through"
approach. On the due date, Triarch shall disconnect Verizon's dial
tone, crosswire its dial tone to the Sub-Loop Distribution Facilty and
submit Triarch's LNP request.
Verizon will not provide access to a Sub-Loop Distribution Facilty if
Verizon is using the loop of which the Sub-Loop Distribution Facilty is
a part to provide line sharing service to another CLEC or a service that
uses derived channel technology to a Customer unless such other
CLEC first terminates the Verizon-provided line sharing or such
Customer first disconnects the service that utilzes derived channel
technology.
Verizon shall provide Triarch with access to a Sub-Loop Distribution
Facilty in accordance with negotiated intervals
Verizon shall repair and maintain a Sub-Loop Distribution Facility at
the request of Triarch and subject to the time and material rates set
109
forth in Pricing Attachment and the rates, terms and conditions of
Verizon's applicable Tariffs. Triarch accpts responsibilty for initial
trouble isolation for Sub-Loop Distribution Facilties and providing
Verizon with appropriate dispatch information based on its test results.
If (a) Triarch reports to Verizon a Customer trouble, (b) Triarch
rèquests a dispatch, (c) Verizon dispatches a technician, and (d) such
trouble was not caused by Verizon Sub-Loop Distribution Facility
facilties or equipment in whole or in part, Triarch 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
Triarch is not available at the appointed time. If as the result of Triarch
instructions, Verizon is erroneously requested to dispatch to a site on
Verizon company premises ("dispatch in"), the charges set forth in
Pricing Attachment and Verizon's applicable Tariffs wil be assessed
per occurrence to Triarch by Verizon. If as the result of Triarch
instructions, Verizon is erroneously requested to dispatch to a site
oùtside of Verizon company premises ("dispatch out"), the charges set
forth in Pricing Attchment and Verizon's applicable Tariffs wil be
a~sessed per occurrence to Triarch by Verizon.
6.2 (Intentionally Left Blank).
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Vsrizon shall allow Triarch,to collocate
equipment in'a Verizon remote terminal equipment enclosure in accordance with,
and subject to, the rates, terms and conditions set forth in the Collocation
Attachment and the Pricing Attachment. .
7. Sub-Loop for Multiunit Tenant Premises Access
(Intentionally Left Blank).
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber Loops
8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Triarch, Verizon shall provide Triarch with acces to unbundled Dark
Fiber Transport in accordance with, and subject to, the rates, terms and
conditions provided in the Pricing Attachment and rates, terms and conditions of
Verizon's applicable Tariffs. Verizon shall not be required to provide, and Triarch
shall not request or obtain, unbundled access to any dark fiber facility that does
not meet the definition of Dark Fiber Transport (except to the extent Verizon is
required to provide Triarch with unbundled access to Triarc'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 Triarch shall not request
or obtain, Dark Fiber Transport that does not connect a pair of Verizon UNE Wire
Centers. Access to unbundled Dark Fiber Transport will be provided by Verizon
only where existing 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 attached
multiplexers, aggregation or other electronics. To the extent Verizon's Dark Fiber
Transport contains any lightwave repeaters (e.g., regenerators or optical
amplifiers) installed thereon, Verizon shall not remove the same. Except as
Tnarch 10 Camp v3.3a 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
8.25
Triarch 10 Camp v3.3a
(Intentionally Left Blank).
Triarch may access Dark Fiber Transport only at a pre-existing
Verizon accessible terminal of such Dark Fiber Transport, and Triarch
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 Triarch unless such Dark Transport is already terminated
on an existing Verizon accssible 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 Triarch.
Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Verizon wil not perform splicing (e.g., introduce
additional splice points or open existing splice points or cases) to
accommodate Triarch's request.
Verizon shall perform all work necessary to install a cross connect or a
fiber jumper from a Verizon accessible terminal to a Triarch collocation
arrangement.
A "Dark Fiber Inquiry Form" must be submitted prior to submiting an
ASR. Upon receipt of Triarc'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 Triarch's Dark Fiber Inquiry Form,
indicating whether Dark Fiber Transport may be available (if so
available, an "Acknowledgerent') based on the recrds search except
that for voluminous requests or large, complex projects, Verizon
reserves the right to negotiate a different intervaL. The Dark Fiber
Inquiry is a record search and does not guarantee the availability of
Dark Fiber Transport. Where a direct Dark Fiber Transport route is not
available, Verizon wil provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Verizon Central Offces at the rates set forth in the Pricing Attachment.
In cases where Verizon provides Dark Fiber Transport via an indirect
route as described in this setion, Triarch shall not be permitted to
açcess the Da,rk fiber Transport at. anyinterrrediate centratQffce
between the two Verizon central offces 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 Triarch. Verizon reserves the
right to limit the number of intermediate Verizon Central Offces on an
indirect route consistent with limitations in Verizon's network design
and/or prevailing industry practices for optical transmission
applications. Any limitations on the number of intermediate Verizon
Central Offces wil be discussed with Triarch. If access to Dark Fiber
Transport is not available, Verizon will notify Triarch. within fifteen (15)
Business Days, that no spare Dark Fiber Transport is available over
111
Tnarch 10 Camp v3.3a
the direct route nor any reasonable alternate indirect route, except that
for voluminous requests or large, complex projects, Verizon reserves
the right to negotiate a different intervaL. Where no available route
was found during the record review, Verizon will identify the first
blocked segment on each alternate indirect route and which
segment(s) in the alternate indirect route are available prior to
encountering a blockage on that route, at the rates set forth in the
Pricing Attachment.
8.2.5.1 Triarch shall indicate on the Dark Fiber Inquiry Form
whether the available Dark Fiber should be reserved, at the
rates set forth in the Pricing Attachment, pending receipt of
an order for the Dark Fiber.
8.2.5.2 Upon request from Triarch as indicated on the Dark Fiber
Inquiry Form, Verizon shall hold such requested Dark Fiber
Transport for Triarch's use for ten (10) Business Days from
Triarch's receipt of Acknowledgement and may not allow
any other part (including Verizon) to use such fiber during
that time period.
8.2.5.3 Triarch shall submit an order for the reserved Dark Fiber
Transport as soon as possible using the standard ordering
process or parallel provisioning process as descrbed in
Section 8.2.5.5. The standard ordering process shall be
used when Triarch does not have additional requirements
for collocation. The parallel provisioning process shall be
used when Triarch requires new collocation facilities or
changes to existing collocation arrangements.
8.2.5.4 If no order is received from Triarch for the reserved Dark
Fiber Transport within ten (10) Business Days from
Triarch's receipt of Acknowledgement, Verizon shall return
to spare the reserved Dark Fiber Transport that Verizon
previously notified Triarch are available. Should Triarch
submit an order to Verizon after the ten (10) Business Day
reservation period for access to Dark Fiber Transport that
Verizon has previously notified Triarch was available,
Triarch assumes all risk that such Dark Fiber Transport wil
no longer be available.
8.2.5.5 Upon Triarch's request, the Parties wil conduct parallel
provisioning of collocation and Dark Fiber Transpor in
accordance with the following terms and conditioris:
8.2.5.5.1 Triarch will use existing interfaces and Verizon's
current applications and order forms to request
collocation and Dark Fiber Transport
8.2.5.5.2 Verizon wil parallel process Triarch's requests
for colloction, including augments, and Dark
Fiber Transport.
8.2.5.5.3 Before Triarch submits a request for parallel
provisioning of collocation and Dark Fiber
Transpo, Triarch wil:
112
8.2.6
8.2.7
Tnarch 10 Camp v3.3a
8.2.5.5.3.1 submit a Dark Fiber Inquiry Form
and receive an Acknowledgement
from Verizon; and
8.2.5.5.3.2 submit a collocation application
for the Verizon Central Ofce(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Verizon that
Triarch's collocation application
has been accepted.
8.2.5.5.4 Triarch 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 Triarch's Dark Fiber Transport
request, Triarch may cancel its collocation
application within five (5) Business Days of such
rejection and receive a refund of the collocation
application fee paid by Triarch, less the costs
Verizon incurred to date.
8.2.5.5.6 If Verizon accepts Triarch's Dark Fiber Transport
request, Verizon will parallel provision the Dark
Transport to a temporary location in Verizon's
CentraIOffce(s). Verizon wil charge and
Triarch 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
Triarch colloction application, Triarch shall
submit a Dark Fiber change request to
reposition Dark Fiber Transport from the
temporary location in that Verizon Central
Offce(s) to the permanent location at Triarch's
collocation arrangement in such Verizon Central
Offce(s). Triarch will prepare such request(s) in
the manner and form specified by Verizon.
8.2.5.5.8 If Triarch cancels its.collocation application,
Triarch must also submit a cancellation for the
unbundled Dark Fiber Transport provisioned to
the temporary location in the Verizon Central
Offce(s).
Triarch shall order Dark Fiber Transport by sending to Verizon a
separate ASR for each A to Z route.
Where a collocation arrangement can be accomplished in a Verizon
premises, access to Dark Fiber Transport that terminates in a Verizon
premises must be accomplished via a collocation arrangement in that
Verizon premises. In circumstances where a collocation arrangement
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 Triarch in the condition that it is available in Verizon's
network at the time that Triarch submits its request (i.e., "as is"). In
addition, Verizon shall not be required to convert lit fiber to Dark Fiber
Transport for Triarch'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, will not be offered to Triarch 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 Triarch as Dark Fiber Transport.
8.2.11 Triarch shall be responsible for providing all transmission, terminating
and lightwave repeater equipment necessary to light and use Dark
Fiber Transport.
8.2.12 Triarch 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 Triarch for use
for Special or Switched Exchange Access Services, Triarch 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 Triarch 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 Triarch upon a
showing of need to the Commission and twelve (12)
months' advance written notice to Triarch; 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 Triarch 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 Triarch, or impair Verion's abilty to
meet a legal obligation.
8.2.15 Except as expressly set forth in this Agreement, Triarch may not
reserve Dark Fiber Transport.
8.2.16 Triarch shall be solely responsible for: (a) determining whether or not
the transmission characteristics of the Dark Fiber Transport
accommodate the requirements of Triarch; (b) obtaining any Rights of
Triarch 10 Camp v3.3a 114
8.2.17
Way, governmental or private propert permit, easement or other
authorization or approval required for access to the Dark Fiber
Transport; (c) installation of fiber optic transmission equipment needed
to power the Dark Fiber Transport to transmit permitted traffc; and (d)
except as set fòrth with respect to the parallel provisioning process
addressed above, Triarch's colloction arrangements with any proper
optical cross connects or other equipment that Triarch needs to
access Dark Fiber Transport before it submits an order for such
access. Triarch hereby represents and warrants that it shall have all
such rights of way, authorizations and the like applicable to the
location at which it wishes to establish a demarcation point for Dark
Fiber Transport, on or before the date that Triarch places an order for
the applicable Dark Fiber Transport, and that it shall maintain the
same going forward.
Triarch is responsible for trouble isolation before reportng 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).
Triarch may request the following, which shall be provided on a time
and materials basis (as set fort in the Pricing Attachment):
8.2.19.1 (Intentionally Left Blank).
8.2.19.2 A field survey that shows the availability of Dark Fiber
Transport between two or more Verizon Central Offces,
shows whether or not such Dark Fiber Transport is
defective, shows whether or not such Dark Fiber Transport
has been used by Verizon for emergency restoration
activity, and tests the transmission characteristics of
Verizon's Dark Fiber Transport. If a field survey shows that
Dark Fiber Transport is available, Triarch may reserve the
Dark Fiber Transport as applicable, for ten (10) Business
Days from receipt of Verizon's field survey results. If
Triarch submits an order for access to such Dark Fiber
Transport after passage of the foregoing ten (10) Business
Day reservation period, Verizon does not guarantee or
warrant the Dark Fiber Transport wil be available when
Verizon receives such order, and Triarch assumes all risk
that the Dark Fiber Transport wil not be available. Verizon
shall perform a field survey subject to a negotiated intervaL.
If a Triarch submits an order for Dark Fiber Transport
without first obtaining the results of a field survey of such
Dark Fiber Transport, Triarch assumes all risk that the Dark
Fiber Transport wil not be compatible with Triarch's
equipment, including, but not limited to, order cancellation
charges.
8.2.18
8.2.19
8.3 Transitional Provision of Embedded Dark Fiber Loops.
Notwithstanding any other provision of this Agreement, Verizon is not required to
provide, and Triarch may not obtain, unbundled access to any Dark Fiber Loop;
provided, however, that if Triarch leased a Dark Fiber Loop from Verizon as of
Triarch 10 Camp v3.3a 115
March 11, 2005, Triarch may continue to lease that Dark Fiber Loop at
transitional rates provied for in the TRRO until September 10, 2006, and not
beyond that date. Th Parties acknowledge that Verizon, prior to the Effective
Date, has provided Triarch 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 Interface Device
9.1 Subject to the conditions set forth in Section 1 of this Attchment and upon
request by Triarch, Verizon shall permit Triarch to connect a Triarch 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 Pricinn
Attachment. Verizon shall provide Triarch with access to NIDs in accordance
with, but only to the extent required by, the Federal Unbundling Rules. Triarch
may access a Verizon NID either by means of a connecton (but only if the use Qf
such connection is technically feasible) from an adjoining Triarch NID deployed
by Triarch or, if an entrance module is available in the Verizon NID, by
connecting a Triarch Loop to the Verizon NID. When necssary, Verizon wil
rearrange its facilties to provide access 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 Triarch access, remove, disconnect or in any other way
rearrange Verizon's Loop facilities from Verizon's NIDs, enclosures, or
protectors.
9.3 In no case shall Triarch accss, remove, disconnect or in any other way
rearrange, a Customers 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 Triarch remove or disconnect ground wires from Verizon's NIDs,
enclosures, or protectors.
9.5 In no case shall Triarch remove or disconnect NID modules, protectors, or
terminals from Verizon's NID enclosures.
9.6 Maintenance and control of premises Inside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customer's
Inside Wiring must be resolved by the person who controls use of the wiring
(e.g., the Customer).
9.7 When Triarch is connecting a Triarch-provided Loop to the Inside Wiring of a
Customer's premises through the Customers side of theVerizon NID, Triarch
dOes npt need to submit a request to Verizon and Verizon shall not charge
Triarch for access to the Verizon NID. In such instances, Triarch 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 fort in Section 9.8 of this
Attachment.
9.8 Due to the wide variety of NIDs utilzed by Verzon (based on Customer size and
environmental considerations), Triarch 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, Triarch may remove the Inside Wiring
Tnarch 10 Camp v3.3a 116
from the Customer's side of the Verizon NID and connect that Inside
Wiring to Triarch's NID.
9.8.2 Where an adequate lengt of Inside Wiring is not present or
environmental conditions do not permit, Triarch may enter the
Customer side of the Veñzon NID enclosure for the purpose of
removing the Inside Wiring from the terminals of Verizon's NID and
connecting a connectorized or spliced jumper wire from a suitable
"punch out" hole of such NID enclosure to the Inside Wiring within the
space of the Customer sie 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 Triarch may request Verion to make other rearrangements to the
Inside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting part (Le. Triarch,
its agent, the building owner or the Customer). If Triarch accesses the
Customets Inside Wiring as described in this Section 9.8.3, time and
materials charges wil be biled to the requesting part (Le. Triarch, 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 Triarch's request, Verizon shall provide Tríarch with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Verizon shall provide Triarch with such Dedicated Transport
in accordance with, but only to the exent required by, the Federal Unbundling
Rules. Except as provided in Section 17 below, Verizon wil not install new
electronics, and Verizon wil not buil new facilties. For the avoidance of any
doubt, notwithstanding any other provision of this Agreement, Verizon shall not
be required to provide, and Triarch shall not request or obtain, unbundled access
to shared (or common) transport, or any other interoffce transport facility that
does not meet the definition of Dedicted Transport.
11.2 If and, to the extent that, Triarch has purchased (or purchases) transport from
Verizon under a Verizon Tariff or othrwise, and Triarch has a right under the
Federal Unbundling Rules to convert (and wishes to convert) such transport to
unbundled Dedicated Transport under this Agreement, it shall give Verizon
written notice of such request (including, without limitation, through submission of
ASRs if Verizon so requests) and provide to Verizon all information (including,
without limitation, a listing of the specific circuits in question) tl)at Verizon
reasonably requires to effectuate such conversion. In the case of any such
conversion, Triarch shall pay any and all conversion charges (e.g., non-recurring
charges), as well as any and all termination liabilties, minimum serice 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
Triarch 10 Camp v3.3a 117
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attachment, Verizon shall provide Triarch with accss via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billng. Verizon shall provide Triarch with such access in accordance
with, but only to the extent required by, the Federal Unbundling Rules. All such
transactions shall be submitted by Triarch through such electronic interfaces.
14. Availabilty of Other NetWork Elements on an Unbundled Basis
14.1 Any request by Triarch for access to a Verizon Network Element that is not
already available and that Verizon is required by the Federal Unbundling Rules to
provide on an unbundled basis shall be treated as a Network Element Bona Fide
Request pursuant to Section 14.3, of this Attachment. Triarch 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
14.3.2
14.3.3
14.3.4
14.3.5
14.3.6
Triarch 10 Camp v3.3a
Each Part shall promptly consider and analyze accss to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Part hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (reI. Oct. 19, 1992)
1T 259 ahd n.603 or subsequent orders.
A Netwörk Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
The requesting Part may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Part's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
Within ten (10) Business Days of its receipt, the receiving Part shall
acknowledge receipt of the Network Element Bona Fide Request.
Except under extraordinary circumstances, within thirt (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Part
shall pr9vid~to the requestin~ 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 Qr wil provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
If the receiving Part determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by the Federal Unbundling Rules, it shall
promptly proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
118
Part. When it receives such authorization, the receiving Party shall
promptly develop the requested services, determine their availability,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252( d)( 1) of the Act.
14.3.7 As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving 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 thirt (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Part must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
14.3.9 If a Part to a Network Element Bona Fide Request believes that the
other Part is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Part may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
15. Maintenance of Network Elements
If (a) Triarch reports to Verizon a Customer trouble, (b) Triarch 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 Triarch shall pay Verizon a charge set
forth in the Pricing Attachment for time associated with said dispatch. In additon, this
charge also applies when the Customer contact as designated by Triarch is not available
at the appointed time. Triarch accepts responsibilty for initial trouble isolation and
providing Verizon with appropriate dispatch information based on its test results. If, as
the result of Triarch 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 Triarch by Verizon. If as the result of Triarch
instructions, Verizon is erroneously requested to dispatch to a site outside of Verizon
company premises ("dispatch out"), a charge set forth in the Pricing Attachment wil be
assessed per occurrence to Triarch by Verizon. Verizon agrees to respond to Triarch
trouble reports on a non-discriminatory basis consistent with the manner in which it
provides service to its own retail Customers or to any other similarly situated
Telecommunications Carrier.
16. Combinations, Commingling, and Conversions
16.1 Subject to and without limiting the conditions set forth in Section 1 of this.
Attachment:
16.1.1 Verizon wil 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 Triarch, perform the
functions necessary to commingle Qualifying UNEs with Qualifying
Triarch 10 Camp v3.3a 119
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, tenns 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
commingling requested by Triarch requires Verizon to perform
physical work that Verizon is required to perform under the Federal
Unbundling Rules, then Verizon's standard charges for such work shall
apply or, in the absence of a standard charge, a fee calculated using
Verizon's standard time and materials rates shall apply until such time
as a standard charge is established pursuant to the terms set forth in
the Pricing Attachment.
16.1.2 Ratcheting, Le., a pricing mechanism that involves billng a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible for adjustment of charges under such provisions.
Verizon may exclude its performance in connection with the
provisioning of commingled facilties and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
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 Triarch 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 Facility.
16.2 Service Eligibilty Criteria for Certain Combinations and Commingled Facilties
and Services. Subject to the conditions set forth in Sections 1 and 16.1 of this
Attachment:
16.2.1 Verizon shall not be obligated to provide:
16.2.1.1 an unbundled DS1 Loop in combination with unbundled
DSl or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
16.2.1.2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3 access
services;
16.2.1.3 unbundled DS1 Dedicated Transport commingled with DS1
channel termination access service;
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1
channel termination access service; or
16.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3
channel termination service,
(individually and collectively "High Capacity EELs") except to the extent
Tnarch 10 Camp v3.3a 120
Verizon is required by the Federal Unbundling Rules to do so, and then
not unless and unti Triarch, using an ASR, certifies to Verizon that each
combined or commingled DSl circuit or DSl equivalent circuit of a High
Capacity EEL satisfis each of the service eligibilty criteria on a circuit-
by-circuit basis as set forth in 47 C.F.R. § 51.318. Triarch must remain
in compliance with said service eligibilty criteria for so long as Triarch
continues to receive the aforementioned combined or commingled
facilties and/or servs from Verizon and Triarch shall immediately
notify Verizon at such time as a certification ceases to be accurate. The
service eligibilty criteria shall be applied to each combined or
commingled DS1 circuit or DSl 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, Triarch, 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-crtfy, using an ASR, that
each DS1 circuit or DS1 equivalent circuit satisfies the service eligibilty
criteria on a circuit-by-circuit basis as set fort in 47 C.F.R. § 51.318.
Any existing High Capacity EEL circuits that Triarch leased from Verizon
as of the Effective Date of this Agreement that Triarch fails to re-certfy
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 Effecte 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 beomes noncompliant as described in this Section
16.2 and Triarch 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 noncopliant High Capacity EEL circuit, then Verizon, to
the extent it has not already done so prior to execution of this
Agreement, shall reprice the subject High Capacity EEL circuit (or
portion thereof that had been previously 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 wrien notice to Triarch.
16.2.3 Each certification to be provided by Triarch pursuant to Section 16.2.1
above must contain the following information for each DS1 circuit or
DS1 equivalent: (a) the local number assigned to each DS1 circuit or
DS1 equivalent; (b) the local numbers assigned to each DS3 circuit
(must have 28 local numbers assigned to it); (c) the date each circuit
was established in the 911/E-911 database; (d) the collocation
termination connecting facilty assignment for each circuit, showing
that the collocation arrangement was established pursuant to 47
U.S.C. § 251 (c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DS1 circuit. There must be one such identification number per every
Triarch 10 Camp v3.3a 121
24DSl 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 Attachment
and apply for each circuit converted.
16.2.5 All ASR-driven conversion requests wil result in a change in circuit
identification (circuit 10) from accss to UNE or UNE to access. 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.
16.2.6 All requests for conversions will 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 Triarch's compliance in all material respects with the service eligibilty
criteria applicable to High Capacity EELs. Any such audit shall be performed in
accordance with th 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 Triarch failed to
comply with the serice eligibilty criteria, then (without limiting Verizon's rights
under Section 16.2.2 above) Triarch must convert all noncompliant circuits to the
appropriate service, true LJP any difference in payments, make the correct
payments on .a "going-forWard basis, and reimburse Verizon for the cost of the
independent auditor within thirt (30) days after receiving a statement of such
costs from Verizon. Should the independent auditor confirm Triarch's
compliance with the service eligibilty criteria, then Triarch shall provide to the
independent auditor for its verification a statement of Triarch's out-of-pocket
costs of complying with any requests of the independent auditor, and Verizon
shall, within thirt (30) days of the date on which Triarch submits such costs to
the auditor, reimburse Triarch for its out-of-pocket costs verified by the auditor.
Triarch shall maintain records adequate to support its compliance with the
service eligibility crteria for each DS1 or DS1 equivalent circuit for at least
eighteen (18) months after the service arrangement in question is terminated.
17. Routine Network Modifications
17.1 General Conditions. In accordance with, but only to the extent required by, the
Federal Unbundling Rules, and subject to the conditions set forth in Section 1 of
this Attachment:
17.1.1 Verizon shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by Triarch to the Loop, Dedicated Transport, or Dark
Fiber Transport facilities available under the Agreement (including
DS1 Loops and DS1 Dedicated Transport, and DS3 Loops and DS3
Dedicated Transport), where the facility has already been constructed.
Routine network modifications applicable to Loops or Transport are
those moifications 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; installing a repeater
Triarch 10 Camp v3.3a 122
shelf; deploying a new multiplexer or reconfiguring an existing
multiplexer; accessing manholes; and deploying bucket trucks to reach
aerial cable. Routine network modifications applicable to Dark Fiber
Transport are those modifications that Verizon regularly undertakes for
its own Customers and may include, but are not limited to, splicing of
in-place dark fiber at existing splice points; accessing manhols;
deploying bucket trucks to reach aerial cable; and routine activities, if
any, needed to enable Triarch to light a Dark Fiber Transport facilty
that it has obtained from Verizon under the Agreement. Verizon shall
not be obligated to provide optronics for the purpose of lighting Dark
Fiber Transport. Routine network modifications do not include the
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) capabilty into new packet-
based networks or into existing packet-based networks that do not
already have TOM capabilty. Verizon shall not be required to perform
any routine network modifications to any facilty that is or becomes a
Discontinued Facilty.
17.2 Performance Plans. Verizon may exclude its performance in connection with the
provisioning of Loops or Transport (including Dark Fiber Transport) for which
routine network modifications are performed from standard provisioning intervals
and performance measures and remedies, if any, contained in the Agreement or
elsewhere.
17.3 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 Federl
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facilty, or (c) to limit any right of
Verizon under the Agreement, any Verizon Tariff or SGAT, or otherwise, to cease
providing a Discontinued 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
Attachment shall be as provided in this Attachment and the Pricing Attachment.
19. Good Faith Performance
If and, to the extent that, Verizon, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Verizon reserves
the right to negotiate in good faith with Triarch 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.
Triarch 10 Camp v3.3a 123
COLLOCAnON ATTACHMENT
1. Verizon's Provision of Collocation
Verizon shall provide to Triarch, in accordance with this Agreement, Verizon's applicable
federal and state Tariffs and the requirements of Applicable Law, Colloction for the
purpose offaciltating Triarch'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 Triarch only to the extent required by Applicable Law and may decline to
provide Collocation to Triarch to the extent that provision of Collocation is not required by
Applicable Law. Notwithstanding any other provision of this Agreement or a Tariff,
nothing in this Agreement or a Tariff shall be deemed to require Verizon to provide (and,
for the avoidance of any doubt, Verizon may decline to provide and/or cease providing)
Collocation that, if provided by Verizon, would be used by Triarch 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 Tari Advice No. 00-05 in Order
No. 28490 on August 29, 2000, Verizon shall provide Collocation according to the
following terms and conditions in the State of Idaho on an interim basis only until such
time as the Commission's decision is reversed and Verizon's Collocation Tariff Advice
No. 00-05 is permitted to go into effect or unti such time as Verizon files another
Collocation Tariff in Idaho. At such time as the Commission's decision is reversed and
Verizon's Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Verizon Collocation Tari on file with the Commission, and subject to the
foregoing, the following terms and conditions wil be rendered ineffectual, and Verizon
shall provide Collocation to Triarch in accordance with the terms and conditions set forth
in Verizon's Collocation Tariff, and Verizon shall do so regardless of whether or not such
terms and conditions are effective.
Section 1 of this Collocation Attachment ("Attachment", in conjunction with the rest of
this Agreement, set forth the terms and conditions under which Verizon shall provide
Collocation services to Triarch. Collocation provides for access to Verion's "premises",
for the purpose of interconnection and/or access 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 facilties.
Collocation 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 Collocatin, subject to
space availability and technical feasibilty. In accordance with, but only to the extent
required by Applicable Law, Verizon shall also offer rates, terms and coditions for
Collocation.servicesthat are not expressly addressed in this Attachment or Verizon
Tariffs on an individual case basis.
1.1 Types of Collocation.
1.1.1 Single Caged. A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caged floor space to
house its equipment within Verizon premises.
Triarch 10 Camp v3.3a 124
1.1.2
1.1.3
Triarch 10 Camp v3.3a
Shared Caged. A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more CLECs within a Verizon premise. When two or more
CLECs request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating CLECs must agree to be the host CLEC (HC)
and the other(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Verizon for the
exchange of traffc with Verizon and/or to access unbundled network
elements. Verizon wil not issue separate billng for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Verizon wil provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC wil be responsible for ordering and
payment of all Colloction appliable services ordered by the HC and
GC(s). The HC and GC wil be responsible for ordering their own
unbundled network elements frm Verizon. Verizon will separately bill
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 hereunde to CLECs purchasing Collocation-
related services, including, withut limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment wil apply to shared
caged Collocation requirements.
Subleased Caged. Vacant spac 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 Verizon
premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third part(s) pursuant to terms and
conditions agreed to by the CLEC and the third part(s) involved. The
CLEC and third parts) must each be interconnected to Verizon for
the exchange of traffc with Verion and/or to access unbundled
network elements. The CLEC is solely responsible for deterining
whether to sublease a shared caged Collocation arrangeme and if
so, upon what terms and conditins. Verizon wil not issue separate
biling for any of the rate elements associated with the sublesed
caged Collocation arrangement between the CLEC and the third
part(s). The CLEC wil be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and th third
part(s). Each CLEe and third part will be responsible for orering
their own ûnbuhdlednetwork elemehts from Verizoh. Verizon wil
separately bil the CLEC and third part/parties for unbundled network
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 reimbursed for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment wiH apply to subleased caged Collocation
requirements.
125
1.1.4 Cageless. Cageless Collocation is a form of Collocation in which
CLECs can place their equipment in Verizon premises. A cageless
Collocation arrangement allows a CLEC, using Verizon approved
vendors, to install equipment in single bay increments in an area
designated by Verizon. The equipment location wil be designated by
Verizon and will vary based on individual Verizon premise
configurations. CLEC equipment wil not share the same equipment
bays with Verizon equipment.
1.1.5 Adjacent. An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Verizon propert for Colloction for
the purposes of interconnection and/or access to UNEs in accrdance
with the terms and conditions of this Agreement. Adjacent Colloction
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 locl
building code, zoning requirements, and Verizon building standards.
Triarch is responsible for complying with all zoning requirements, any
federal, stte or local regulations, ordinances and laws, and obtaining
all associted permits. Verizon may, where required, participate in the
zoning approval and permit acquisitions. Triarch 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 constction by Triarch on Verizon propert must comply with
Verizon's technical specifcations as they relate to environmental safety
and grounding requirements. Verizon wil make available power and
physical Collocation services to Triarch in the same non-discriminatory
manner as it provides itself for its own remote equipment buildings
(REBs).
1.1.6 VirtuaL. Under virtual Collocation, Verizon installs and maintains
Triarch provided equipment which is dedicated to the exclusive use of
the Triarch in a Collocation arrangement. Additional details on virtual
Collocation are set fort in Section 1.9.
1.1.7 Microwave. Physical Collocation of microwave transmission facilties
wil be peritted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
Triarch or Verizon provided facilties, equipment and support
structures located in, on or above the exterior walls and roof of Verizon
premises. Additional details on microwave Collocation are set forth in
Section 1.10.
1.2" Ordering.
1.2.1 Application.
1.2.1.1 Point of Contact. Triarch must request Collocation
arrangements through Verizon's designated point of
contact. Completed applications for Collocation must be
sent directly to Verizon's Collocation Project Manager at the
following address: Collocation Project Manager, Verizon,
125 High Street, Room 1134, Boston, MA 02110;
Triarch 10 Camp v3.3a 126
Facsimile: [phone]; E-Mail at:
collocation.applications~verizon.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. Triarch requesting Collocation at a
Verizon premise wil be required to complete the application
form and submit the non-refundable engineering fee set
fort in the Pricing Attchment, described in Section 1.5.1,
for each Verizon premise at which Collocation is requested.
The application form will require Triarch to provide all
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. Triarch 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
Triarch.
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 Availabilty. Subject to forecasting requirements, Verizon wil
inform Triarch whether space is available to accommodate Triarch's
request within eight (8) Business Days after receipt of a completed
application. Verizon's response will be one of the following:
1.2.2.1 There is space and Verizon wil proceed with the
arrangement.
1.2.2.2 There is no space. Verizon will proceed as described in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Verizon wil
determine whether space can be made available and wil
notify Triarch within twenty (20) Business Days. At the end
ofthis period, Verizon will 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
Triarch aCÇlllocCltion schedule describing Verizon's abilty to meet the
physical collocátion request within eight (8) Business Days after
receipt of a completed application. Triarch shall have nine (9)
Business Days from receipt of a Verizon provided Collocation
schedule to pay 50% of the NRCs associated with the ordered
Collocation services.
If the application is deficient, Verizon wil specify in writing, within eight
(8) Business Days, the information that must be provided by Triarch in
order to complete the application. If Triarch resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, Triarch shall retain its
position within the Collocation application queue.
Triarch 10 Camp v3.3a 127
1.2.4 (Intentionally Left Blank).
1.2.5 Augmentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to Triarch shall be considered an
augmentation request. An augmentation request will 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 outline below. The definition of a
major or minor augment is as follows:
1.2.5.1 Major augments of Colloction arrngements 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 Triarch reuested in its
original application. A complete application and engineering
fee will be required when submittg a request that requires
a major augment.
1.2.5.2 Minor augments of Collocation arrngements wil require
the submission of a complete application for and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what Triarch requeste in its orginal
application. The requirements of a minor augment request
cannot exceed the capacity of the existing/proposed
electrical, power or HVAC system. Requests for additional
DSO, DS1, and DS3 facility terminations to access Verizon's
unbundled network elements are included as minor
augments, providing no additional transmission cables are
required.
Minor augments that require an augment fee are those
requests that require Verizon to peorm a service or
function on behalf of Triarch including but not limited to:
installation of virtual equipment cads or softare upgrades,
removal of virtual equipment, requests to pull cable from
exterior microwave facilities, and requests to terminate DSO,
DS1 and DS3 cables.
Minor augments that do not require a fee are those
augments performed solely by Triarch, that do not require
Verizon to provide a service orfunction on .behalf of Triarch,
including but not limited to, request to install additional
equipment in Triarch Collocation space. Prior to the
installation of the additional equipment, Triarch agrees to
provide Verizon an application form with an updated
equipment listing that includes the new equipment to be
installed in Triarch's Collocation arrangement. Once the
equipment list is submitted to Verizon, Triarch may proceed
with the augment. Triarch agrees that changes in
equipment provided by Triarch under this provision will not
exceed the engineering specificatins for power and HVAC
as requested on original application. All augments wil be
subject to Verizon inspection, in acordance with term of
Triarch 10 Camp v3.3a 128
this contract for the purpose of ensuring compliance with
Verizon safet standards.
1.2.6 Expansion. Verizon will not be required to construct additional space
to provide for Triarch Collocation when avaiable space has been
exhausted. Where Triafch seeks to expand its existing Coflocation
space, Verizon shall make contiguous space available to the extent
possible; provided, however, Verion does not guarantee contiguous
space to Triarch to expand its existing Collocation space. Triarch
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. Triarch requests for relocation of the termination
equipment from one loction to a different location within the same
Verizon premise wil be handled on an ICB basis. Triarch wil be
respònsible 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 Triarch shall work coperatively in meeting the standard
implementation milestones and deliverables as determined during the
joint planning process. The physil (caged and cageless) Collocation
arrangement implementation interval is seventy-six (76) Business
Days for all standard arrngement requests which were properly
forecast six (6) months prior to the application date, subject to the
conditions set forth for forecasting and capacity. Major construction
obstacles or special Triarch 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 infastrcture 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 60 line sharing/line splittng facilities, where line
sharing/splitting already exists within the central
offce and where Triarch is eligible for line
sharing/line splittng, 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
Triarch 10 Camp v3.3a 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 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 of the following: a) 28 DSl
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. Triarch must have 100% of
all cables terminated to the existing cross
connects for the one additional item selected
and the in-service capacity of that selection must
be at 85% utilzation or above unless Triarch can
demonstrate to Verizon that: a) the previous two
months trend in growt would exceed 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 Triarch cross connect
capacity may be exceeded by the end of the
fort-five (45) Business Day augment intervaL.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The fOllowing standard implementation milestones wil
apply, in Business Days, unless Verizon and Triarch jointly
decide otherwise:
1.3.1.3.1 Day 1-Triarch submits completed application
and associated fee.
1.3.1.32 Day 8-Verizon notifies Triarch that request can
be accommodated and advises of due date.
1.3.1.3.3 Day 17- Triarch notifies Verizon of its intent to
proceed and submits 50% payment.
1.3.1.3.4 Day 3ü-aterial ships and is received at
vendor warehouse; Triarch provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where Triarch
is eligible for line sharing/lne splitting).
1.3.1.3.5 Day 45-Augment (as defined herein)
completes.
J .3.1.3.6 Day 76-Verizon and Triarch attend Collocation
acceptance meeting and Verizon turns over the
Collocation arrangement to Triarch. Day 76 also
applies to completion of other augments not
defined herein.
1.3.1.4 The fort-five (45) Business Day interval is subject to the
following requirements:
1.3.1.4.1 Infrastructure to support the requested augment
must be in place (e.g., cable racking from
common area to distributing frames, relay racks
Tnarch 10 Camp v3.3a 130
1.3.2
Triarch 10 Camp v3.3a
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
existing Battery Distribution Fuse Boards
(BDFBs).
1.3.1.4.2 The Triarch must install sufcient equipment to
support reuested terminations/facilties.
1.3.1.4.3 In large cetral offces with complex cable runs
(Le., mule 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. Triarch and Verizon control various interim
milestones they must ceplete in order to meet the overall
intervals. The interval clock wil stop, and the final due date
wil be adjusted accordingly, for each milestone Triarch
misses (day for day). When Verizon becomes aware of the
possibilty of vendor delays, Verizon will first contact Triarch
to attempt to negotiate a new interaL. If Verizon and
Triarch cannot agree, the dispute wil be submitted to the
Commission for prompt resolution. Verizon and Triarch
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 Triarch to
schedule one escorted visit to Triarch's Collocation space
during construction. The applicable labor rates in the
Pricing Attchment wil be applied for the escorted visit. In
the case of extended intervals resulting from within Verzon's
control or resulting from vendor delays, and provided the
necessry security is in place, Verizon wil permit Triarch
accs to the Colloction arrngeent to install equipment
while the delayed work is completed, so long as it is safe to do
so and Triarch's work does not impir or interfere with Verizon
in completing Verizon's work. Prior to Triarch beginning the
installation of its equipment, Triarch must sign a coditional
accptance of the Collocation arrangement. If T riarch elect to
accpt the space prior to the scheduled completion, ocupancy
fees shall commence upon signing a coditional accptanc of
the space by Triarch.
1.3.1.6 Intervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by Triarch and
Verizon.
1.3.1.7 Verizon wil inform the Commission as soon as it knows it
will require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individual case basis
based on negotiations with the site preparation vendor( s).
Verizon will use its best efforts to minimize the additional
time required to condition Collocation space, and wil inform
Triarch of the time estimates as soon as possible.
Forecasting and Use of Data.
131
1.3.3
Tnarch 10 Camp v3.3a
1.3.2.1 Verizon wil request forecasts from Triarch on a semi-
annual basis. with each forecast covering a two-year period.
Triarch wil be required to update the near-term (6-month)
forecasted application dates. Information requested wil
include central offce, month applications are expected to be
sent, requested in-service month, preference for virtual or
physical (caged or cageless) Colloctio, square footage
required (physical), high-level list of equipment to be
installed (virtual), and anticipated splitter arrangements
where Triarch is eligible for line sharingllne splitting. For
augments, Triarch may elect to substitute alternative ClLl
codes within a LATA for the forecsted demand.
If Verizon has a written guarantee of reimbursement, it will
examine forecsts for offces in which it is necry to
condition space, and discss these forecsts wi Triarch to
deterine th required space to be coditioned. IfVerizon
commits to condition space based on forecsts and ifTriarch is
assigned space, Triarch wil give Veron a non-refundable
deposit equal to the application fee. Verizon wil perform initial
reviews of requested central offces foecsted for the next six
months to identify potential problem sies. Verizon wil consider
forecsts in stffng decisions. Verzon wil enter into planning
discussions with Triarch to validate forecsts, disss flexibility
in potential truble areas, and assist in application preparation.
1.3.2.2 Unforecasted demand (including augments) will be given a
lesser priority than forecasted demand. Verizon will make
every attempt to meet standard interals for unforecasted
requests. However, if unanticipated requests push demand
beyond Verizon's capacity limits. Verizon wil negotiate
longer intervals as required (and within reason). In general,
if forecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: Interval Start Date commences two
(2) months after application reipt date.
1.3.2.2.2 Forecast received one (1) month or less prior to
application receipt date: Interval Start Date
commences two (2) months after application
receipt date.
1.3.2.2.3 Forecast received greater than ~(t)month
and less than two (2) months prior to application
receipt date: Interval Start Date comences
one (1) month after application recipt date.
1.3.2.2.4 Forecast received two (2) months or more prior
to application receipt date: Interval Start Date
commences on the application receipt date.
Any such interval adjustments will be discusse with Triarch
at the time the application is received.
Collocation Capacity.
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 forecasts indicate
spikes in demand, Verizon wil attempt to smooth the
demand via negotiations with the forecasting CLECs. If
Verizon and Triarch fail to agree to smooth demand,
Verizon wil determine if additional expenditures would be
required-tcsatisfy the spikes in demand and wil work with
the Cömmission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 If Verizon augments its workforce based on Triarch
forecasts and if Triarch refuses to smooth demand as
described in Section 1.3.3.1, Triarch wil be held
accuntable for the accuracy of their forecasts.
1.3.4 Vendor Capacity. Verizon wil continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Verizon
wil share Triarch actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
1.3.5 Responsibilty for Vendor Delays. No part shall be excused from their
obligations due to the act or omissions of a Part's subcontractors,
material, person, suppliers or other third persons providing such
products 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 Part claiming excusable delay or
failure to perform.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, Triarch may
construct the cage with a standard enclosure if they are a
Verizon approved contractor or Triarch may subcontract this
work to a Verizon approved contractor.
1.3.6.2 Site SelectionlPower. Verizon shall designate the space
within its premise where Triarch shall collocate its
equipment. . Verzon wil assign Collocation space to Triarch
in a just, reasonable, and nondiscriminatory manner.
Verizon wil allow Triarch requesting caged or cageless
Collocation to submit spac preferences on the Aplication
Form prior to assigning caged and cageless Collocation
space to Triarch. Verizon wil assign caged and cageless
space in accordance with the following standards: (1)
Triarch's Colloction costs cannot be materially increased
by the assignment; (2) Triarch's occupation and use of
Verizon's premies cannot be materially delayed by the
assignment; (3) The assignment cannot impair the quality of
service or impoe other limitations on the service Triarch
wishes to offer; and (4) The assignment cannot reduce
Triarch 10 Camp v3.3a 133
unreasonably the total space available for caged and
. cageless Collocation, or preclude unreasonably, caged and
cageless Collocation within Verizon's premises.
Verizon may assign caged and cageless Collocation to
space separate from space housing Verizon's equipmnt,
provked that each of the following conditions is met: (1)
Either legitimate security concerns, or operational
constaints unrelated to Verizon's or any of its affliat' or
subsiiaries competitive concerns, warrant suc ..tion;
(2) Any caged and cageless Collocation space asii" re toan affliate or subsidiary of Verizon is separatlfr_tlace
housing Verizon's equipment; (3) The separat spl will
be available in the same time frame as, or a sher"
frame than, non-separated space; (4) The cost of"
. separted space to Triarch wil not be material hihn
the cost of non-separated space; and (5) The ......
space is comparable, from a technical and engri
standpoint, to non-separated space.
Wher applicable, Verizon shall provide, at U. rates_
forth in the Pricing Attchment described in Sen 1.5.1,
48V DC power with generator and/or battery bak-up, heat,
air coditioning and other environmental sup to Triarch's
equipment in the same standards and par~ lWuired
for Verizon equipment within that Verizon PNU". Triarch
may install AC convenience outlets and ovMullig if
. Triare is a Verizon approved contractor, or_wo may
be subcontracted to a Verizon approved Col...
1.3.6.3 DC Power. Verizon wil provide DC power toil
Colloction arrangement as specified by Triålin its
Colloction application. The Triarch wil spec li IO on
each feed and the size of the fuse to be pla_ on each
feed. Triarch must order a minimum of ten (1I).lO amp
for each caged, cageless, and virtual Colloc'"
arrangement. Triarch may order additional DC..
(beyond the minimum) in one (1) amp incremet. ~s
for DC power wil be applied based on the total"" of
load amps ordered on each feed.
For example, if Triarch orders a total of 40 load ampa"øc
power and an A and B feed, Triarch could order 20..
amps on the A feed and 20 load amps on the B feW.
Verizon wil permit Triarch to order a fuse size up to 2.5
times the load amps ordered provided that applicable 1_
permits this practice. Thus, Triarch could order that eac
feed be fused at 50 amps if Triarch wants one feed to car
the entire load in the event the other feed fails. According,
Triarch will be charged on the basis of the total number of
load amps ordered, Le., 40 amps, and not based on the
total number of amps available for the fuse size ordered.
1.3.6.4 Triarch is responsible for engineering the power
consumption in its Collocation arrangements and therefore
must consider any special circumstances in determining the
fused capacity of each feed. Verizon wil engineer the
Triarch 10 Camp v3.3a 134
power feeds to the Collocation arrangement in accordance
with industry standards based upon requirements ordered
by Triarch in its Collocation application. Any subsequent
orders to increase DC power load at a Collocation
arrangement must be submitted on a Collocation
application.
1.3.6.5 Verizon reserves the right to perform random inspections to
verify the actual power load being drawn by a Collocation
arrangement. At any time, without written notice, Verizon
may measure the DC power drawn at an arrangement by
monitoring Verizon's power distribution point. In those
instances where Verizon needs accss to the Collocation
arrangement to make these measurements, Verizon wil
schedule a joint meeting with Triarch.
1.3.6.6 If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
furter 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 Triarchwith written
notification, by certified US mail to the person
designated by Triarch to receive such notice,
that more power is being drawn than was
ordered. Within ten (10) Business Days of the
date of receipt of notification, Triarch must
reduce the power being drawn to match its
ordered load or revise its power requirement to
accommodate the additional power being drawn.
Verizon wil accept a certification signed by a
representative of Triarch that power
consumption has been reduced to match the
ordered load. Failure to reduce the power being
drawn or submit a revised application within ten
(10) Business Days wil result in an increase in
the amount of power being biled to the audited
load amount.
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 second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
wil be 110% of load.
1.3.6.8 If the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
Triarch 10 Camp v3.3a 135
1.3.6.7.2, that arrangement is subject to the following
treatment:
1.3.6.8.1 Verzon wil notify the persn designated by
Triarch to receive such notice via telephone or
e-mail that Verizon wil take a second
measurement no sooner thn one (1) hour and
no later than two (2) days after the initial
inspection. Verizon wil not wait for Triarch or
require it to be present during the second
inspection.
1.3.6.8.2 Additional Labor charges, as set fort in the
Pricing Attachment, apply for the cost
assciated with performing this inspection.
1.3.6.8.3 Triarch may perform its own inspection at
Triarch's cage. Triarch is not required to wait for
Verizon or require it to be present during Triarch
test Upon request of Triarch, Verizon wil send
a representative to accompany Triarch to
conduct a joint inspection at Triarch cage at no
charge to Triarch. Nothing herein shall be
construed to prohibit Triarch from testing at its
own cage. Triarch wil send the result of its
own audit measurements to Verizon if they are
taken in response to a noti of violation under
this section and if Triarch's measurements differ
from Verizon's.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Verizon wil provide Triarch with
wrnen notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by Triarch to receive such notice that
it has exceeded its ordered power. The
notification wil include: (1) initials or identifying
number of Verizon technicin( s) who performed
the inspection; (2) dates and times of the
inspections; (3) the make, model and type of test
equipment used; (4) the length of monitoring and
the results of the specific audit; (5) the total load
amps currently being billed; (6) how the test was
done; and (7) any other relevant information or
documents.
1.3.6.8.5 Verion wil maintain a file of results taken of any
inspections for two (2) years and such file wil be
made available to Triarch that was audited, upon
request. Verizon wil treat as confidential
inforation the identity of CLECs that it audits
as well as the results of such audits, unless it
receives prior written consent of the affected
CLEC to disclose such information or is required
by Applicable Law to disclose such information
to a court or commission. The foregoing does
Triarch 10 Camp v3.3a 136
not preclude Verizon from making the notice
described in Section 1.3.6.8.6.
1.3.6.8.6 If Triarch disagrees with the results of the audit,
Triarch wil first notify Verizon. Verizon and
Triarch 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 fort in this
Agreement can be initiated by either part after
thirt (30) calendar days have elapsed. This
period commences: (1) ten (10) Business Days
from receipt of the notification, in the case of
violation within the buffer zone; or (2) after
Triarch has received notice of the second test, in
the case of a violation over the buffer zone.
1.3.6.8.7 With the notification required by Section
1.3.6.8.4, Verizon will also notify Triarch that it
must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocation arrangements in the state. Triarch
must submit this non-scheduled attestation
within fifteen (15) Business Days of the date of
this notification. Failure to submit this non-
scheduled attestation wil result in the
application of additional labor charges for any
subsequent DC power inspections Verizon
performs prior to receipt of the next scheduled
attestation. Scheduled attestations are defined
in Section 1.3.6.11.
1.3.6.9 If the inspection reveals that the power being drawn is
greater than the applicable buffer zone set forth in Section
1.3.6.7.2, then Triarch 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, Triarch
wil be biled the audited load amount for four (4)
months. Triarch 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
four (4) months. Triarch 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, Triarch
wil be billed the audited load amount for five (5)
months. Triarch will make a separate and
additional payment to the Charity, measured as
the diffrence between the billing of the fused
Triarch 10 Camp v3.3a 137
capacity and the billng at the audited load for
five (5) months. Triarch must send notice of its
Charity payment to Verizon within ten (10)
calendar days of making the payment.
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, Triarch
wil be biled the audited load amount for six (6)
months. Triarch wil 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. Triarch 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 Triarch at the fused amount for a
minimum of six (6) months and continue to bil at
the fused amount unti an updated attestation Of
augment specifying revised power is received.
1.3.6.9.5 Verizon wil notify Triarch 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.~.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments wil be self-
executing.
1.3.6.10 If Triarch has requested a power augment under which the
audited amount would be within the augmented load, plus
the applicable buffer zone set forth in Section 1.3.6.7.2, and
the augment is late due to the fault of Verizon, the
payments specified in Section 1.3.6.9 wil not be imposed
and the parties wil not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, Triarch must submit a written statement signed by
a responsible offcer of Triarch, which attests that it is not
exceeding the total load of power as ordered in its
Collo.catiQn appliçations. This attestation, which mui:t be
received by Verizon no later than the last day of June, shall
individually list all of Triarch's completed Collocation
arrangements provided by Verizon in the state. If Triarch
fails to submit this written statement by the last day in June,
Verizon will notify Triarch 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 billing of DC power at
each Collocation arrangement to be increased to the total
number of amps fused unti such time as Verizon receives
the required written statement by Triarch.
Triarch 10 Camp v3.3a 138
1.3.6.12 Whenever Verizon is required to perform work on a
Collocation arrangement as a result of Triarch's order for a
reduction in power requirements (e.g., change in fuse size),
Verizon wil assess a non-recurring charge for the additional
labor. The non-ecurring charge applies for the first half
hour (or fraction thereof)and for each additional half hour
(or fraction thereof) per fechnician, per occurrence as
shown in the Pricing Attachment.
1.3.6.13 If Triarch orders a change in the power configuration
requiring new -4 volt DC power feeds to the Collocation
arrangement, Verizon will require an engineering/major
augment Fee with an application, as set forth in the Pricing
Attachment, subject to the terms and conditions described
in Section 1.2.5. In addition, if Triarch's order for a
reduction in DC power triggers the deployment of power
cabling to a different power distribution point, the
engineering/major augment fee as set forth in the Pricing
Attachment applies. Verizon wil work cooperatively with
Triarch to configure the new power distribution cables and
disconnect the old ones.
1.3.7 Equipment and Facilities.
1.3.7.1 Purchase of Equipment. Triarch will be responsible for
supply, purchase, delivery, installation and maintenance of
its equipment and equipment bay(s) in the Collocation area.
Verizon is not responsible for the design, engineering, or
performance of Triarch's equipment and provided facilties
for Collocation. Upon installation of all transmission and
power cables for Collocation services, Triarch 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 access 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 operational
matter, preclude Triarch from obtaining interconnection with
Verizon at a level equal in quality to that which Verizon
obtains within its own network or Verizon provides to any of
its affliates, subsidiaries, or other partes; and (2)
Equipment is necessary for access to an unbundled
network element if an inability to deploy that equipment
would, as a practical, economic, or operational matter,
preclude Triarch from obtaining nondiscriminatory access to
that unbundled network element, including any of its
features, functions, or capabilities.
Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element
if and only if the primary purpose and function of the
equipment, as Triarch seeks to deploy it, meets either or
both of the standards set forth in the preceding paragraph.
For a piece of equipment to be utilized primarily to obtain
Triarch 10 Camp v3.3a 139
equal in quality interconnection or nondiscriminatory access
to one or more unbundled network elements, there also
must be a logical nexus between the additional functions the
equipment would perform and the telecommunication
services Triarch seeks to provide to its customers by means
of the interconnection or unbundled netwrk element. The
Collocation of those functions of the equipment that, as
stand-alone functons, 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
Triarch for purposes within the scope of Section 251(c)(6) of
the Act, Verizon shall prove to the state commission that the
equipment is not necessary for interconnection or access to
unbundled networ elements under the standards set fort
above.
Triarch 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. Collocation facilities shall be placed,
maintained, relocated or removed in accrdance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEC), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
Triarch entrance facilties and splices must comply with
Telecordia Technologies' Generic Specifiation for Optical
Fiber and Optical Fiber Cable (TR-TSY-0020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General Information Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Verizon services or facilities.
Triarch designated and installed equipment located within
Verizon premises must comply with the most recent issue,
unless otherwise specified, of Telecordia Technologies'
Network Equipment Building System (NEBS) Generic
Equipment Requirements (GR-CORE-63) as it pertains to
safety requirements. This equipment must also 'Comly with
the most current issue, unless otherwise specified, of
Verizon's Network Equipment Installation Standards
(Verizon Information Publication IP 72201) and Verizon's
Central Offce Engineering Standards (Verizon Information
Publication IP 72013). Where a difference in specification
may exist, the more stringent shall apply. If there is a
conflct between industry standards and Verizon's technical
specifications, Triarch and Verizon wil make a good faith
effort to resolve the difference. Triarch designated facilties
shall not physically, electronically or inductively interfere
with the faciliies of Verizon, other CLEC(s), tenant(s) or any
Tnarch 10 Comp v3.3a 140
other part. If such interference occurs, Verizon may take
action as permitted under Section 1.8.
Triarch 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-9S-0003, Revision 10 or higher.
Triarch equipment is not required to mee the same
performance and reliabilty standards as Verizon imposes
on its own equipment as defined in Verizon's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, Triarch 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 case, Verizon wil, at its
discretion, furnish to Triarch written material which wil
specify and explain the required construction.
1.3.7.4 Cable. Triarch is required to provide proper cabling, based
on circuit type (VF, DSO, xDSl, DS1, DS3, etc.) to ensure
adequate shielding and reduce the possibility of
interference. Triarch is responsible for providing fire
retardant riser cable that meets Verizon standards. Verizon
is responsible for placing Triarch's fire retardant riser cable
from the cable vault to the Collocation space. Verizon is
responsible for installng Triarc 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 Triarch provides its own fiber optic facilty, then
Triarch shall be responsible for bringing its fiber optic cable
to the Verizon premise manhole. Triarch must leave
suffcient cable length for Verion to be able to fully extend
such cable through to Triarch's Collocation space.
1.3.7.5 Manhole/Splicing Restrictions. Verizon reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. Triarch wil not be permitted to
splice fiber optic cable in the first manhole outside of the
Verizon premise. Where Triarch 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 Triarch's Collocation space. Verizon is
responsible for installng a cable splice, if necessary, where
Triarch 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 Triarch's facilities and Verizon's
Triarch 10 Camp v3.3a 141
facilities will be designated by Verizon. This point(s) wil be
a direct connection(s) to Triarch'snetwork. Verizon shall
have the right to require Triarch to terminate Collocation
facilities onto a Point of Termination (POT) Bay. Triarch
must tag all entrance facilties to indicate ownership.
Triarch wil not be allowed access to Verizon's DSX line-
ups, MDF or any other Verizon facilty termination points.
Only Verzon employees, agents or contractors wil be
allowed access to the MDF, DSX, or fiber distribution panel
to terminate facilties, test connectivity, run jumpers and/or
hot patch in-service circuits.
1.3.7.7 Staging Area. For caged and cageless Collocation
arrangements, Triarch 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
Triarch's equipment installation work in the Collocation
space. Triarch is responsible for protecting Verizon's
equipment Verizon premise walls and flooring within the
staging area and along the staging route. Triarch wil meet
all Verizon fire, safety, security and environmental
requirements. The temporary staging area wil be vacated
and delivered to Verizon in an acceptable condition upon
completin of the installation work. Triarch may also utiize
a staging trailer, which can be located on the exterior
premises of Verizon premise. Verizon may assess Triarch
a market value lease rate for the area occupied by the
trailer.
1: ,,,~,
1.3.7.8 Testing. Upon installation of Triarch's equipment, and with
prior notie, Verizon and Triarch wil mutually agree to
schedule a meeting pnor to the tum-up phase of the
equipment to ensure proper functionality between Triarch's
equipment and the connections to Verizon equipment. The
time period for this to occur wil correspond to Verizon's
maintenance window installation requirements. It is solely
the resposibilty of Triarch to provide their own monitor and
test points, if required, for connection directly to its terminal
equipment. If Triarch cannot attend the scheduled tum-up
phase meeting for any reason, Triarch must provide Verizon
with seventy-two (72) hours advanced written notice prior to
the scheduled meeting. If Triarch fails to attend the
scheduled meeting without the advanced written
notification, Verizon reserves the right to charge Triarch
addìtioriål lâöor rates setförth in the PricirigAttachment1'or
subsequent tum-up meetings with Triarch which are
required to complete the tum-up phase of the Collocation
arrangement.
1.3.7.9 Interconnection Between Collocated Spaces. Dedicated
Transit Service (DTS), which allows for interconnection
between Triarch and another CLEC, provides a dedicated
electrical or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two different
CLECs within the same Verizon premises, using Verizon
provided distribution facilties. OTS is available for DSO,
Triarch 10 Camp v3.3a 142
OS1, DS3, and dark fiber cross connects. In addition,
Verizon wil also provide other technically feasible cross-
connection arrangements, including lit fiber, on an Individual
Case Basis (ICB) as requested by Triarch and agreed to by
Verizon. Verizon wil offer DTS to Triarch as long as such
access is technically feasible.
OTS is only available when both Collocti arrangements
(either caged, cageless, and/or virtual) beg interconneced are
within the same Verizon premises, provide tht the collocted
equipment is used for interconnection with Verizon and/or for
accs to the Verizon's unbundled network elements. Verizon
shall provide such DTS connections frm Triarch's Collocation
arrngement to another Colloction arrangent of Triarch
within the same Verizon premises, or to a Colloction
arrngement of another CLEC in the same Verizon premise.
DTS is provided at the same trnsmission level from Triarch to
another CLEC.
The DTS arrngement requires Triarch to provide cable
assignment information for itself as well as for the other CLEC.
Verizon wil not make cable assignments for DTS. Triarch is
responsible for all DTS ordering, bil payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, Triarch must submit an
Accss Service Request (ASR) and a letter of agenc from the
CLEC it is connecng to that authories th DTS connecon
and facility assignment. DTS is provided on a negotiated
interval with Triarch.
1.3.7.10 Optical Facility Terminations. If Triarch requests access to
unbundled dark fiber interoffce facilties, Triarch may apply
for a fiber optic patchcord connection(s) between Verizon's
fiber distrbution panel (FOP) and Triarch's collocated
transmission equipment and facilties. The fiber optic
patchcord cross connect is limited in use solely in
conjunction with access to unbundled dark fiber and
Dedicated Transit Service.
1.3.7.11 Non-Compliant Installations and Operations. If at any time
Verizon reasonably determines that either Triarch's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment,
Triarch will be responsible for the costs associated with the
removal of equipment or modificationoHheequipment or
engineering and installation to render it compliant. If Triarch
fails to correct any non-compliance with these standards
within thirt (30) days' written notice to Triarch, Verizon may
have the equipment removed or the condition corrected at
Triarch expense. If, during the installation phase, Verizon
reasonably determines that any Triarch designated
equipment is unsafe, non-standard or in violation of any
applicable fire, environmental, security, or other laws or
regulations, Verizon has the right to immediately stop the
work until the problem is corrected to Verizon's satisfaction.
However, when any of the above conditions poses an
Tnarch 10 Camp v3.3a 143
immediate threat to the safety of Verizon employees,
interferes with the performance of Verizon's service
obligations, or poses an immediate threat to the physical
integrity of the overead superstructure or any other
facilties of Verizon, Verizon may perform such work and/or
take such action that Verizon deems necessary without
prior notice to Triarch. The reasonable cost of said work
and/or actions shall be borne by Triarch. Verizon reserves
the right to remove products, facilties and equipment from
its list of approved products upon ninety (90) days' notice to
Triarch if such products, facilties and equipment are
determined to be no longer compliant with NEBS safety
standards. If Triarch equipment poses an immediate safety
threat, Triarch shall remove the equipment immediately.
1.3.8 Access to Collocation Space. Verizon wil permit Triarch's employees,
agents, and contractors approved by Verizon to have direct accss to
Triarch'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. Triarch'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 Triarch, to access Triarch's
collocated partitioned space to perform periodic inspections to ensure
compliance with Verizon installation, safety and security practices.
Where Triarch shares a common entrance 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 right to permanently remove and/or deny access
from Verizon premises, any Triarch 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. Triarch shall be responsible
for: (a) any damage or network outage occurring as a result of Triarch
owned or Triarch designated termination equipment in Verizon
premise; (b) providing trouble report status when requested; (c)
providing a contact number that is readily accessible twenty-four (24)
hours a day, seven (7) days a week; (d) notifying Verizon of significant
outages which could impact or degrade Verizon's switches and
services and provide estimated clearing time for restoral; and (e)
testing its equipment to identi and clear a trouble report when the
trouble has been sectionalized (isolated) to Triarch service.
Verizonwil make every effort to contact Triarch in the event Triarch
equipment disrupts the network. If Verizon is unable to make contact
with Triarch, Verizon shall temporarily disconnect Triarch's service, as
providèd in Section 1.3.11.
1.3.10 Security Requirements.
1.3.10.1 Security Measures. Triarch agrees that its
employees/vendors with access to Verizon premise shall at
all times adhere to the rules of conduct established by
Verizon for the Verizon premises and Verizon's personnel
and vendors. Verizon reserves the right to make changes
to such procedures and rules to preserve the integrity and
Triarch 10 Camp v3.3a 144
operation of Verizon's network or facilties or to comply with
applicable laws and regulations. Verizon wil provide
Triarch with written notice of such changes. Where
applicable, Verizon wil provide information to Triarch on the
specific type of security training required so Triarch's
employees can complete such training.
Triarch wil maintain with Verizon a list of all Triarch
employees who are currently authorized by Triarch to
access its caged and cageless Collocation space and will
include social securi numbers of all such individuals.
Triarch wil also maintain with Verizon a list of its collocated-
approved vendors and their social security numbers who
request access to caged and cageless Collocation space.
Only those individuals approved by Verizon wil be allowed
access to Verizon premises and caged and cageless
Collocation space. Where required by agencies of federal,
state, or locl government, only individuals that are U.S.
citizens wil be granted access. All Triarch personnel must
obtain and prominently display a valid non-employee
Verizon identification card. Former employees of Verizon
wil be given access to Verizon premises by Triarch in
accordance with the Verizon's normal security procedures
applicable to any Vendor(s) or Contractor(s) on Verizon's
premises. Verizon reserves the right to revoke any
identification badge and/or accss card of any Triarch
employee or agent found in violations of the terms and
conditions set forth herein.
Triarch must follow Verizon's seurity guidelines, which are
published on Verizon's web site. Verizon may suspenda
Triarch employee or agent from Verizon's premises if
his/her actions materally affect the safety and/or integrity of
Verizon's network or the safety of Verizon or other Triarch
employees/agents. Unless Triarch employee or agent
poses an immediate threat to Verizon or other CLECs,
Verizon wil provide Triarch with a written explanation of
violations committed by the Triarch employee or agent four
(4) Business Days prior to suspending Triarch employee or
agent from Verizon premises. Triarch 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
'thê'Triarch'employee or agent fromVeiizóh premises fa.
violating Verizon's seurity guidelines.
1.3.10.2 Security Standards. Verizon wi" be solely responsible for
determining the appropriate level of security in each Verizon
premise. Verizon reserves the right to deny access to
Verizon buildings and/or outside facility structures for any
Triarch employee, agent or contractor who cannot meet
Verizon's established security standards. Employees,
agents or contractors of Triarch are required to meet the
same security requirements and adhere to the same work
rules that Verizon's employees and contractors are required
Tnarch 10 Camp v3.3a 145
to follow. Verizon also reserves the right to deny access to
Verizon buildings and/or outside facilty structures for
Triarch's employee, agent and contractor for falsification of
records, vilation of fire, safety or security practices and
policies or other just cause. Triarch employees, agents or
contractors who meet Verizon's established security
standards wil be provided accss to Triarch's caged and
cageless Collocation equipment 24 hours a day, seven days
a week and reasonable accss to Verizon's restroom
facilties. If Triarch employees, agents or contractors
request and are granted accss to other areas of Verizon's
premises, a Verizon employee, agent or contractor may
accompany and observe Triarch employee(s), agent(s) or
contractor(s) at no cost to Triarch. 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 accss and/or logs, as deemed appropriate by
Verizon.
Verizon may require Triarch employees and contractors to
use a.central or separate entrance to Verizon's premises,
provided, however, that where Venzon requires that Triarch
employees or contractors access collocated equipment only
through a separate entrance, employees and contractors of
Verizon's affliates and subsidiaries wil be subject to the
same restrtion.
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 incumbents or
any of its afliates' or subsidiaries competitive concerns,
warrant suc separation; (iii) Construction of a separate
entrance will not artificially delay Collocation provisioning:
and (iv) Construction of a separate entrance wil not
materially increase Triarch's Collocation costs.
1.3.10.3 Access Cards/Identification. Access cards or keys wil be
provided to no more than a reasonable number of
" individuals for Triarchfor each Verizon premise for the
purpose of installation, maintenance and repair of Triarch's
caged and cageless Collocation equipment. All Triarch
employees, agents and contractors requesting access to
the Verizon premise are required to have a photo
identification card, which identifies the person by name and
the name of Triarch. The ID must be worn on the
individual's exterior clothing while on or at Verizon
premises. Verizon will provide Triarch with instructions and
necessary access cards or keys to obtain access to Verizon
premises. Triarch is required to immediately notify Verizon
by the most expeditious means, when any Triarch's
Triarch 10 Camp v3.3a 146
employee, agent or contractor with access privileges to
Verizon premises is no longer in its employ, or when keys,
access cards or other means of obtaining access to Verizon
premises are lost, stolen or not returned by an employee,
agent or contractor no longer in its employ. Triarch is
responsible for the immediate retrieval and return to Verizon
of all keys, access cards or other means of obtaining
access to Verizon premises upon termination of
employment of Triarch's employee and/or termination of
service. Triarch shall be responsible for the replacement
cost of keys, access cards or other means of obtaining
access when lost, stolen or failure of Triarch or Triarch's
employee, agent or contractor to return to Verizon.
Emergency Access. Triarch is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week.
Triarch wil provide access to its Collocation space at all times to allow
Verizon to react to emergencies, to maintain the building operating
systems (where applicable and necessary) and to ensure compliance
with OSHA/erizon regulations and standards related to fire, safety,
health and environment safeguards. Verizon wil attempt to notify
Triarch in advance of any such emergency access. If advance
notification is not possible Verizon wil provide notification of any such
entry to Triarch as soon as possible following the entry, indicating the
reasons for the entry and any actions taken which might impact
Triarcb's facilties. or equipment and its abilty to provide service.
Verizo wil restrict access to Triarch's Collocation space to persons
necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection service shall be in
accordance with Part 64, Subpart 0, Paragraph 64.401, of the FCC's
Rules.ànd Regulations, which specifies the priority for such activities.
Verizon reserves the right, without prior notice, to access Triarch's
Collocation space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm imposed by
Triarcfl or Triarch's equipment upon the operation of Verizon's or
another CLEe's equipment, facilties and/or employees located
outside Triarch's Collocation space. Verizon wil notify Triarch as soon
as possible when such an event has occurred. In case of a Verizon
work stoppage, Triarch's employees, contractors or agents wil comply
with the emergency operation procedures established by Verizon.
Such emergency procedures should not directly affect Triarch's access
to its premises, or abilty to provide service. Triarch wil notify Verizon
point of contact of any work stoppages by Triarch employees.
1.4 Space Requirelfèrts.
1.3.11
1.4.1
Triarch 10 Camp v3.3a
Space Availabilitv. If Verizon is unable to accommodate caged and
cage less Collocation reqUests at a Verizon premise due to spâce
limitations or other technical reasons, Verizon wil post a list of all such
sites on its website and will update the list within ten (10) calendar
days of the date at which a Verizon premise runs out of caged and
cageless Collocation space. This information wil be listed at the
following public Internet URL: http://ww.verizon.com/regulatory.
Where Verizon has denied caged and cageless Collocation requests
at a Verizon premise due to space limitations or other technical
reasons, Verizon shall: (a) submit to the state commission, subject to
147
1.4.2
1.4.3
1.4.4
Triarch 10 Camp v3.3a
any protective order as the state may deem necessary, detailed floor
plans or diagrams of the Verizon premise which show what space, if
any, Verizon or any of its affliates has reserved for future use; and
describe in detail, the specific future uses for which the space has
been reserved and the length of time for each reservation; and (b)
allow Triarch to tour the entire premises of the Verizon premise,
without charge, within ten (10) calendar days of the tour request.
Minimum/Maximum/Additional Space. The standard sizes of caed
Collocation space wil be increments of 100 square feet unless
mutually agreed to otherwise by Verizon and Triarch. The minimum
amount of floor space available to Triarch at the time of the initial
application wil be twenty-five (25) square feet of caged Collocatin
space or one (1) single bay in the case of cageless Colloction. The
maximum amount of space available in a specific Verizon premise to
Triarch wil be limited to the amount of existing suitable space which is
technically feasible to support the Collocation arrngement 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 Triarch by completing and
submitting a new application for and the applicable non-refundable
engineering fee set forth in the Pricing Attachment. Verzon wil not be
required to lease additional space when available space has bee
exhausted.
Use of Space. Verizon and Tnarch wil work cooratiely to
determine proper space requirements, and effcit use of space. In
addition to other applicable requirements set fort in this Agreement,
Triarch shall install all its equipment within its desinated area in
contiguous line-ups in order to optimize the utilzation of space wihin
Verizon's premises. Triarch shall use the Colloction space solely for
the purposes of installng, maintaining and operatng Triarch's
equipment to interconnect for the exchange of traffc with Verizon
and/or for purposes of accessing UNEs. Triarch shall not constrt
improvements or make alteratins or repairs to the Collocation space
without the prior written approval of Verizon. The Collocation spae
may not be used for administrative purposes and may not be use as
Triarch's employee(s) work location, offce or retail space, or storage.
The Collocation space shall not be used as Triarch'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 wil retain and reserve a limited amountof
vacant floor space within its Verizon premises for its own specific
future uses on terms no more favorable than applicabl to other
CLECs seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Verizon premise is
reserved for Verizon's own specific future use, the Venzon premise wil
be exempt from future caged and cageless Collocation requests.
Triarch shall not be permitted to reserve Verizon premise cable space
or conduit system. If new conduit is required, Verizon wil negotiate
148
with Triarch to determine an alternative arrangement for the specific
location. Triarch will be allowed to reserve Collocation space for its
caged/cageless arrangements based on Triarchs documented forecast
provided Verizon and subject to space availabilty. Such forecast must
demonstrate a legitimate need to reserve the space for use on terms
no more favorable than applicable to Verizon seeking to reserve
vacant space for its own specific use. Cageless Collocation bays may
not be used solely for the purpose of storing Triarch equipment.
1.4.5 Collocation Space Report. Upon request by Triarch and upon Triarch
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 carriers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Colloction space report is not required prior to the submission of
a Collocation application for a specific Verizon premise in order to
determine Collocation space availbilty for the Verizon premise. The
Collocation space report wil be provided to Triarch within ten (10)
calendar days of the request provied the request is submitted during
the ordinary course of business. A Collocatin space report fee
contained in the Pricing Attachment wil be assessed per request and
per Verizon premise.
1.4.6 Reclamation. When initiating an application form, Triarch must have
started installng equipment approved for Collocation at Verizon
premise within a reasonable period of time, not to exceed sixty (60)
calendar days from the date Triarch accepts the Collocation
arrangement. If Triarch 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 sixty (60) calendar
days' notice, to reclaim any Colloction space, cable space or conduit
space in order to fulfill its obligation under public service law and its
Tariffs to provide telecommunication services to its Customers. In
such cases, Verizon wil reimburs Triarch for reasonable direct costs
and expenses in connection with such reclamation. Verizon will make
every reasonable effort to find othr alternatives before attempting to
reclaim any such space. Triarch may seek Commission relief from
reclamation within ten (10) Business Days of being notified.
1.5 Pricing.
Tnarch 10 Camp v3.3a 149
1.5.1 Rate Sheet. The rates for Verizon's Collocation services provided
pursuant to this Agreement are set forth in the Pricing Attachment only
to the extent that there are no corresponding rates in an applicable
Verizon Collocation Tarif that has been fied with the Commission and
become effective. If there is a Verizon Collocation Tariff that has been
filed with the Commissin and become effective, the rates in such
Tariff shall apply.and the rates set forth in the Pricing Attachment 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 supersede and replace the
corresponding rates set forth in the Pricing Atte.chment and such rates
specified in 1he Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in 1his Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as otherwise required by legal
requirements.
1.5.3 Biling and Payment. The initial payment of NRCs shall be due and
payable in acrdance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges wil be biled to
Triarch when Verizon provides Triarch access to the caged, cageless
or adjacent Collocation arrangement or completes installation of the
virtual Collocation arrangement and shall be payable in accordance
with applicable establisled payment deadlines.
1.6 Liabilty and Indemnifcation.
In addition to their othet respective indemnification and liability 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 tht a provision appears in another part of the
Agreement but not in ths Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1 No liabilty shall attach to Verizon for damages arising from errors,
mistakes, omissions, interruptions, or delays of Verizon, its agents,
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terinating, or changing the service or facilties
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilties) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
. . suit, by Triarch or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Verizon's liability, if any, shall not exceed an amount equal
to the proportonate charge for the service by Verizon for the service
for the period during which service was affected.
1.6.2 Verizon shall not be liable for any act or omission of any other part
furnishing a portion of service used in connection with the services
herein.
Triarch 10 Camp v3.3a 150
1.6.3 Verizon is not liable for damages to Triarch premises resulting from
the furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Verizon's gross negligence or wilful misconduct.
Verizon shall be indemnVed, defemded and held harmless by Triarch
and/or its end user agaii,:st any claim, loss or clge arising from the
~5e of seriiices offered under this Attachment, .. ..
1.6.4
1.6.5
1.6.6
1.6.7
1.6.8
1.6.9
1.6.10
Triarch 10 Camp v3.3a
,,'.',~-'':l -..
1.6.41 All claims, including but not limited to injuries to pesons or
propert from voltages or currents, arising out of any act or
omission of Triarch or its end user in connection with
facilties provided by Verizon, Triarch, or the end user; or
,
1.6.4.2 Verizon shall not be liable to Triarch 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, wliether in contract, indemnity, warranty,
strict liabilty, or tort, including (without limitation) negligence
of any kind, even if Verizon has been advised of the
possibility of such loss or damage.
Verizon does not guarantee or make any warranty with respect to its
services whe usd in tiri~xplosive atmosphere. Verizon shall be
indemllifitK, åefe.lid held harmless by Triarch from any and all
claims; by any person relating to Triarch's use of services so provided.
No license under patents (other than the limited license to use) is
granted by Verizon or shall be implied or arise by estoppel, with
respect to any service offered under this Attachment.
. .......'~
Verizon's failure to provide or maintain services under this Attachment
shall be excused by labor diffculties, governmental orders, civil
commotions, criminal actions taken against Verizon, acts of God and
other circumstances beyond Verizon's reasonable control.
Verizon shall not be liable for any act or o.r)iS~\of any other entity
furnishing to Triarch facilties, equipment,or'sirvices used in
conjunction with the services provided uner this Attachment. Nor
shall Verizon be liable for any damag or losses due to unauthorized
use of the services or the failure or neence of Triarch or Triarch
end user, or due to the failure of equipment, facilities, or services
provid~d by Triarch or its end user.
Neither part 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.
Triarch 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 Triarch or by any other part or person for damages to
propert and injury or death to persons, including payments made
under any worker's compensation law or under any plan for
151
~~.ih:.(.
.,;n..'~
1.6.11
..."':':~'. -
1.6.12
1.6.13
1.6.14
Tnarch 10 Camp v3.3a
employees' disability and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of Triarch's equipment or facilties or by their
proximity to the equipment or facilities or all parties occupying space
within or on the exterior of Verizon's central offce(s), or by any act or
'-'~' omission of Verizon, its employees, agents, former or strking
employees, or contractors, in connection therewith, unless caused by
gross negligence or wilful misconduct on the part of Verizon. These
provisions shall survive the termination, cancellation, modification or
rescission of the Agreement for at least 18 months from the date of the
termination.
Verizon shall indemnify, defend and save harmless Triarch from and
against any and all losses, claims, demands, causes of action and
costs, including attorneys' fees, whether suffered, made, instituted or
asserted by Verizon or by any other part or person for damages to
propert and injury or death to persons, including payments made
~under. any w~Jrkets compensation law or under any plan for employees'
disabilty and death benefits, which may arise out of or be caused by
Verizon's provision of service within or on the exterior of the central
offce of by an act or omission of Triarch, its employees, agents, former
or striking employees;, Of contractors, in connection therewith, unless
caused by gross negligence or wilful misconduct on the part of Triarch.
Triarch shallindemnify, defend and save harmless Verizon from and
.againsfany and all losses, claims, demands, causes of action,
damages and costs, including but not limited to attorney's fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or propert owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central offce by Triarch, and/or acts by Triarch, its employees, agents
or contractors.
Triarch 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 attorny's fees,
arising out of or relating to Triarch installation and operation of its
facilties or equipment within the multiplexing node, roof space and
transmitter space.
Triarch represents, warrants and covenants that it shall comply with all
applicable federal, state or local law, ordinance, rule or regulations,
including but not limited to, any applicable environmental, fire, OSHA
or zoning laws. Triarch 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 Triarch, its
directors, offcers, employees, servants, agents, affliates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
Verizon represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
152
the central offce, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Verizon shall indemnify,
defend, and hold harmless Triarch, its directors, offcers, employees,
agents or contractors, 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 Verizon, its
directors, offcers and employees, servants, agents, affliates and
parent.
1.6.15 Verizon and Triarch shall each be responsible for all persons under
their control or aegis working in compliance herewith, satisfactorily,
and in harmony with all others workng 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 othr casualty, Triarch shall give immediate notice thereof to
Verizon. The terms and conditions of this Attachment shall remain in
full force and effect with the following modifications:
1.7.1.1 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
oter casualty caused by Verizon, the damages thereto
shall be repaired by and at the expense of Verizon. Non-
reurring and monthly recrring charges, unti such repair is
substantially completed, shall be apportoned from the day
following the casualty accrding to the part of the
Collocation equipment loction which is usable. Verizon
reserves the right to elect not to restore the Colloction
equipment location under the conditons specified in 1.8.2.
IfVerizon elects to restore the Collocation equipment
location, Verizon shall inform Triarch of its plans to
repairlrestore the Colloction equipment location as soon as
it is practicable and wil work in good faith to restore service
to Triarch 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 reasoable control.
1.7.1.2 If the Collocation equipment location or any part thereof is
totally damaged or rendered wholly unusable by fire or other
casualty caused by Verizon, then applicable non-recurring
and monthly recurring charges shall be proportionately paid
up to the time of the casulty and thenceforth shall cease
until the date when the Collocation equipment location shall
have been repaired and restored by Verizon. Verizon
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
IfVerizon elects to restore the Collocation equipment
loction, Verizon shall inform Triarch of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to Triarch 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.
Triarch 10 camp v3.3a 153
1.7.2
1.7.3
1.7.4
1.7.5
1.7.6
Triarch 10 Camp v3.3a
1.7.1.3 If th Collocation equipment location or any part thereof is
partally damaged or rendered partially unusable by fire or
other casualty through no fault of Verizon or Triarch, then
the applicable non-recurrng and monthly recurring charges
shaff be proporionately paid up to the time of the casualty
and thencefort shall cease until the date when the
Collocation equipment location shall have been repaired
and restored. Any repair or restoration work undertaken by
Triarch in its Collocation arrangement must be done by a
Verizon-approved contractor and must be approved in
advnce by Verizon. Verizon reserves the right to
discntinue Triarch's Collocation equipment location or any
part thereof under the conditions specified in 1.8.2.
1.7.1.4 If th Collocatin equipment location or any part thereof is
totaffy damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
casualty caused by Triarch, the liabilty and indemnification
provisions of this Attachment shall apply and Verizon may
terminate Triarch Collocation arrangement immediately.
If the Collocatin equipment location or any part thereof is rendered
wholly unusabl through no fault of Triarch, or (whether or not the
demised premises are damaged in whole or in part) if the building shall
be so damaged that Verion shall decide to demolish it or to rebuild it,
then, in any of such events, Verizon may elect to discontinue Triarch
Collocation equipment location or any part thereof. In this event,
Verizon wil provide Triarch with written notification within ninety (90)
days after such fire or casualty specifying a date for discontinuance.
The date of discontinuanc shall not be more than sixt (60) days after
the issuance of such noti to Triarch. Triarch must vacate the
premises by th date specified in the notice. Verizon's rights against
Triarch under this Attachment prior to such discontinuance and any
applicable non-recurring and monthly recurring charges owing shall be
paid up to the date of discontinuance. Any payments of monthly
recurring charges made by Triarch, which were on account of any
period subseqent to suc date shall be returned to Triarch.
After any such casualty and upon request by Verizon, Triarch shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of Triarch salvageable
inventory and movable equipment, furniture and other propert.
In the event non-recurring and/or recurring charges were suspended
. pursuant t01 ,8. 1,Triarch liabilty for applicable non-recurringand
monthly recurrng charges shall resume either upon occupancy by
Triarch or thirt (30) days after written notice from Verizon that the
Collocation 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 Triarch 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 recovery for loss or damage
resulting from fire or other casualty, and to the extent that such
154
insurance is in full force and collectible and to the extent permitted by
law, Verizon and Triarch each will release and waive all right of
recovery against the other or anyone claiming through or under each
of them by way of subrogation or otherwise. The release and waiver
shall be in force only if both releasers' insurance policies contain a
clause providing that such release or waiver shall not invalidate the
insurance and also, provided that such a policy can be obtained
without .additional premiums.
1.7.7 Verizon wil not carry insurance on the Triarch furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by Triarch 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 Triarch
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 Triarch of the Scheduled Completion Date and wil request
Triarch to schedule and attend a "Collocation Acceptance Meeting"
("CAM"). Collocation charges wil be implemented in accordance with
this section regardless of the readiness of Triarch to utilze the
completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurring Charges. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. Triarch shall pay the
balance of the NRCs ("NRC Balance") upon Triarch
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 recurrng
charges will commence upon CLEC acceptance of the
Collocation arrangement or thirt (30) calendar days after
the Collocation arrangement is completed, whichever
comes first ("Commencement Date"), and shall continue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Request. A CLEC may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangemeritfor up to six (6) months. A CLECele~in,g to
extend the Scheduled Completion Date of a Collocation
arrangement must notify Verizon in writing ("Extension
Notice") within thir (30) calendar days after. receiving. the
Scheduled Completion Notice. In order for Verizon to delay
billing of monthly recurring charges for the applicable
Collocation arrangement, Triarch must remit the NRC
Balance to Verizon for the Collocation arrangement with the
Extension Notice. Monthly recurring charges will not be
biled by Verizon unti the space for the Collocation
arrangement is accepted by Triarch or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if Triarch
Triarch 10 Camp v3.3a 155
terminates its Collocatin arrangement, the termination shll
be governed by Section 1.8.4.
If Verizon ascertains the space for the Collocation
arrangement is needed to satisfy another CLEC's
Collocation request prior to the end of the six (6) month
extension period, Verizon wil notify Triarch that its
Collocation space has been requested by another CLEC.
Triarch 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 Triarch retains the Colloction
space, monthly recurring charges shall commence for
Triarch thirt (30) calendar days after Triarch sends the
Retention Notice or when Triarch accepts the space,
whichever comes first.
1.8.2 Grounds for Termination by Verizon. Failure by Triarch to comply with
the terms and conditions of this Attachment, including nonpayment of
rates and charges, may result in termination of Collocation service. In
addition to the other grounds for termination of Collocation services set
forth herein, Verizon reserves the right to terminate such services
upon thirt (30) calendar days notie in the event Triarch: (a) is not in
conformance with provisions of this Attachment or other Company
standards and requirements; and/or (b) imposes conti disruption
and threat of harm to Company employees and/or net, or
Verizon's abilty to provide service to other CLECs.
Verizon also reserves the right to terminate such services, withòut prir
notice, in the event Triarch's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe condns, upon
the operation of Verizon's equipment and facilties or to COpany
employees located outside Triarch's Collocation space.
Verizon reserves the right to inspect Triarch's Collocation arrngement
to determine if suffcient DC Power and/or facilty terminatis 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 acces to
unbundled network elements (from, for example, insuffcient DC Power
and/or facilty terminations), Verizon reserves the right to terinate
Triarch's Collocation service upon thirt (30) calendar days noti.
If Verizon elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Sectiont.8.4.
1.8.3 Termination by CLEC. Triarch must notify Verizon in writing of its
plans to terminate a Collocation arrangement ("CLEC Termination
Notice"), and such Triarch termination shall be governed by this
Section.
1.8.3.1 Termination After Completion. If Triarch elects to terminate
an existing Collocation arrangement after a Collocation .
arrangement has been completed, the termination wil be
effective thirty (30) calendar days after Verizon's receipt of
Triarch Termination Notice. If CLEC terminates a
Collocation arrangement under this section, the termination
Triarch 10 camp v3.3a 156
shall be governed by Section 1.8.4 and Triarch remains
responsible to pay any unpaid NRCs associated with the
terinated arrangement as set fort in Section 1.8.1. If the
Collocation arrangement being terminated contains
equipment in which a third part maintains an ownership or
a security interest, Triarch shall include a list of any such
owners and secured parties in Triarch Termination Notice.
1.8.3.2 Termination Prior to Completion. If Triarch elects to
terminate a request for Collocation when construction is in
progress and prior to completion of the Collocation
arrngement, the termination wil be effective upon
Verizon's receipt of Triarch Termination Notice. For all non..
recrring charges associated with providing the Collocation
arrngement, Triarch wil be biled and is responsible for
payment of non-recurring charges in accordance with the
following (for the purposes of this section, the number of
"Days" refers to Business Days measured from Verizon's
recipt of a complete application from Triarch):
1.8.3.2.1 Effective date of Triarch termination on or
between Days 1 to 15, Triarch owes 20% of
non-recurring charges.
1.8.3.2.2 Effective date of Triarch termination on or
between Days 16 to 30, Triarch owes 40% of
non-recurring charges.
1.8.3.2.3 Effective date of Triarch termination on or
between Days 31 to 45, Triarch owes 60% of
non-recurring charges.
1.8.3.2.4 Effective date of Triarch termination on or
between Days 46 to 60, Triarch owes 80% of
non-recurring charges.
1.8.3.2.5 Effective date of Triarch termination after Day
60, Triarch owes 100% of non-recurring
charges.
If after applying these percentages to NRCs already paid by
Triarch, any refunds are due Triarch, such refunds shall be
applied first as a credit to any accounts with balances owed
by Triarch to Verizon, with any remaining refund amount
issued to Triarch. Engineering/major augment fees
submitted with the application wil not be refunded. Triarch
Termination Notice must be received by Verizon prior to the
Scheduled Completion Date to avoid incurring any monthly
recurring charges.
1.8.4 Effects of Termination. If Verizon or Triarch terminates a Collocation
arrangement under the terms and conditions of this Attachment, the
following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges.
Triarch shall disconnect and remove its equipment from the
designated Collocation space by the effective date of the
Tnarch 10 Camp v3.3a 157
1.8.5
1.8.6
Triarch 10 Camp v3.3a
termination. Upon removal by Triarch of all its equipment
from the Collocation space, if Triarch does not restore the
Collocation spac to its original condition at time of
occuancy, Triarch wil reimburse Verizon for the cost to do
so. Due to physical and technical constraints, removal. of
Triarch entrance facilty cable wil be at Verizon's option.
Triarch shall reimburse Verizon for all costs Verizon incurs
to decmmission DC Power and transmission cable
terminations previously applied for by Triarch. Verizon
reseres the right to remove Triarch's equipment if Triarch
fails to remove and dispose of the equipment by the
effecve date of the termination. Triarch wil be charged the
appropriate additional labor charge in the Pricing
Attachment for the removal and dispoSåI of such equipment.
All monthly recUfring charges wil continue to be charged to
Triarch unti the effective date of the termination or, at
Verizon discretin, until any later date up to the date that all
equipment is removed and the Collocation space is restored
to its original codition at space turnover.
1.8.4.2 Refud ofNon-Recurring Charges. If Verizon or Triarch
has terminated a Collocation arrangement pursuant to
Sectins 1.8.2 and 1.8.3 and Triarch ("original CLEC") has
paid a non-recuring charge(s) for an asset in a Collocation
arrangement, and is succeded by another CLEC who uses
the same asset ("subsequent CLEC"), Triarch wil receive a
refund from Verion 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
Triarch paid a non-recurring charge, Verizon wil make a pro
rata refund of suh paid non-recurring charges to Triarch.
For purposes of calculating prorated refunds to Triarch,
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 accunts with balances owed by Triarch to
Verizon, and any remaining refund amount wil be issued to
Triarch. Engineering/major augment fees submitted with
the application and any other paid non-recurring charges
not associated with the asset wil not be refunded.
Closure, Decommissioning or Sale of Premises. Collocation
arrangements will automatially terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Verizdn's network facilities. At least one hundred eighty
(180) days written notice will be given to Triarch of events which may
lead to the automatic termination of any such arrangement pursuant to
the terms and conditions of this Attachment, except when
extraordinary circumstance require a shorter intervaL. In such cases,
Verizon wil provide notice to Triarch as soon as practicable. Verizon
wil work with Triarch to identify alternate Collocation arrangements.
Verizon will work cooperatiely with Triarch to minimize any potential
for service interrption resulting from such actions.
Miscellaneous. Verizon retins ownership of Verizon premise floor
space, adjacent land and equipment used to provide all forms of
158
Collocation. Verizon reserves for itself and its successors and
assignees, the right to utilze the Verizon premises' space in such a
manner as. wil best enable it to fulfill Verizon's service reqements.
Triarch does not receive, as a result of entering into a Cøtion
arrangement hereunder, any right, title or interest in Ve's premise
facilty, the multiplexing node, multiplexing node en~ cable,
cable space, cable racking, vault space or conduit spoter than as
expressly provided herein. To the extent that Triarch AIs use of a
Verizon local exchange line, Triarch must order a b~ local
exchange access line (81). Triarch may not use Verdfciallines.
1.9 Virtual Collocation.
Unless otherwise specified in this Section 1.9, the provisions coined in other
sections of the Collocation Attachment shall apply to virtual Cotion.
1.9.1 Description. Under virtual Collocation, Verizon instah and maintains
Triarch provided equipment, which is dedicated to th4.clusive use of
Triarch in a Collocation arrangement. Triarch provides fiber-optic
faciltis through Verizon entrance manholes for colltion to Triaml
virtually collocated transmission equipment that provides
interconnection to Verizon facilties located in the premises.
The physical point of interface for connection to the virtual arrangeme
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 Triarch's location, the fiber optic cable remains
TÌiarch's responsibilty, with Triarch performing all servicing and
maintaining full ownership. If Triarch is purchasing Verizon provided
ùnbundled interoffce facilties as transport, Triarch entrance fiber is not
required. All elements/services shall be connected to the output cábles
of the virtual Collocation arrangement using Verizon designated cable
assignment~, not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availabilty of space and facilties in each
premises where virtual Collocation is requested.
If Triarch requests virtual Collocation of equipment other than the
standard virtual arrangement, Triarch and Verizon wil mutually agree
upon the type of equipment to be virtually collocated.
1.9.2 Implementation Intervals and Planning. Verizon and Triarch shall work
cooperatively to jointly plan the implementation milestones. Verizon
and Triarch shall work cooperatively in meeting those rnilestonesanddeliverables as determined during the joint planning proëess. A
preliminary schedule wil be developed outlining major milestones
including anticipated delivery dates for the Triarch~provided
transmission equipment and for training.
Verizon wil notify Triarch of issues or unanticipated delays, as they
become known. Verizon and Triarch shall conduct additional joint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
identification of tests to be performed, spare plug-in/card requirements,
Triarch 10 Comp v3.3a 159
test equipment, and determination of the final implementation
schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. Triarch shall deliver the virtual
Collocation equipment to Verizon preises by Business Day fort (40).
Verizon and Triarch shall work cooperatively to schedule eac site on a
priority-based order. Verizon and Triarch shall mutually agree upon
intervals for non-standard arrangements.
1.9.3 Transmission Failure. Triarch shall be responsible for monioring and
reporting signal loss to Verizon. In the event of a transmisSin failure,
Triarch shall be responsible for initial trouble isolation as set for in
Section 1.9.9, regardless of whether the fiber span is equippe with
optical regeneration equipment.
1.9.4 Accommodations. Upon receipt of a completed application and
associated virtual engineering fee, Verizon wil conduct an apption
review, engineering review and site survey at the requested prises.
Verizon wil notify Triarch within eight (8) Business Days of thé results
of this review and site survey.
The dedicated terminal equipment inside Verizon's premises shall be
provided by Triarch and leased to Verzon 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 virtal
Collocation arrangement, at which time Triarch wil reove the
equipment. Triarch wil retain ownership of this equipment inside the
premises. Verizon wil operate and maintain exclusive contro over this
equipment inside the premises.
Where Verizon uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, Triarch l1y hire the
same approved contractors directly for installation, mainance or
repair of Triarch designated equipment.
Where Verizon does not use contractrs, Triarch design
equipment and Triarch provided facilites used in the provio of virtual
Collocation wil be installed, maintained and repaired by V4Won.
Verizon wil maintain and repair Triarc designated eq~ under
the same timeframe and standards as its own equipmen.
Triarch personnel are not allowed on Verizon premises t() I"tain and
repair on virtual Collocation equipment. ., . .
Verizon shall monitor local premises and environmental alarms to
support the equipment. Verizon wil notify Triarch if a local offce alarm
detects an equipment affecting condition.
Verizon wil be responsible to pull the fiber into and through the cable
entrance facility (Le., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facility are perfrmed by Verizon
personnel or its agents.
Tnarch 10 Camp v3.3a 160
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 SDare 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 Triarc-dedicated plug-in/card storage cabinet. Triarch wil
be notified as the plug-in/card is replaced.
Verizon wil not provide spare plug-ins/cards under any circumstances,
nor is Verizon responsible for Triarch's failure to replace defective plug-
ins/cards. Verizon shall not be held responsible if Triarch provides an
inadequate supply of plug-ins/cards. Verizon wil segregate and secure
Triarch-provided maintenance spares in Triarch-provided spare plug-
in/card cabinet.
Triarch shall provide the shop-wired piec of equipment fully pre-
equipped with working plug-ins/cards. In addition, Triarch shall provide
Verizon with maintenance spares for each plug-in/card type. The
number of maintenance spares shall be the manufacturer's
recommended amount, unless otherwse mutually agreed by Verizon
and Triarch, 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 Triarch prior to delivery to Verizon.
In addition to maintenance spares, Triarch wil also provide any unique
tools or test equipment required to maintain, tum-up, or repair the
equipment.
Upon receiving notification from Verizon that a plug-in/card has been
replaced, Triarch is then responsible to contact the Verizon operations
manager to arrange exchange and replacement of the plug-in/card.
Exchanged, pre-tested spares shall be provided within one week of
replacement of a defective plug-in/card.
Subject to premise space availability, Triarch 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 will be based on the
manufacturer's recommended amount, unless otherwise mutually
agreed by Verizon and Triarch.
1.9.6 Safety and Technical Standards. Verizon reserves all rights to
terminate, modify or reconfigure the provision of service to Triarch if, in
the discretion ofVerizon, provision of service to Triarch may in any
way interfere with or adversely affect Verizon's network or its ability to
service other CLECs.
All Triarch equipment to be installed in Verizon premises must fully
comply with the GR - 000063 - CORE, GR - 1089 - CORE and
Verizon's premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
Triarch 10 Cap v3.3a 161
1.9.7
1.9.8
1.9.9
1.9.10
Triarch 10 Camp v3.3a
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
It is Triarch's responsibilty to demonstrate and provide to Verion
adequate documentation fro an accredited source certfying
compliance. Triarch equipment must conform to the same speific
risk/safety/hazard standards which Verizon imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revísion
10 or higher.
Triarch equipment is not required to meet the same performance and
reliabilty standards as Verizo imposes on its own equipment as
defined in RNSA - NEB - 95 - 0003, Revision 10 or higher. Triarch
may install equipment that has been deployed by Verizon for five years
or more with a proven safety record.
All Triarch's entrance facilti and splices must comply with TR - TSY
- 00020, TR - NWT - 001058, BR - 760 - 200 - 030 and SR - TAP -
001421 as they relte to fire, safety, health, environmental safeguards
and interference with Verizon's services and facilities. Such
requirements include, but are not limited to the following: (1) The fibers
must be single mode; (2) The fiber optic units must be of loose tube (12
fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked
according to the cable markng requirements in GR - 20 - CORE,
Section 6.2.1 - 4; (4) The fiber must be identified accrding to the fiber
and unit identificatin (color coes) in GR - 20 - CORE, Section 6.2.5;
(5) Unless otherwise mutually agreed, the outer cable jacket shall
consist of a polyethylene resi, carbon black, and suitable antixidant
system; and (6) Silica fibers shall be fusible with a commerciall
available fusion splicer(s) tht is commonly used for this operation.
Control Over Premises-Based Equipment. Verizon exercises
exclusive physical control ovr the premises-based transmission
equipment that terminates Triarch's circuits and provides the
installation, maintenance, and repair services necessary to assure
proper operation of the virtually collocated facilties and equipment.
Such work wil be performed by Verizon under the direction of Triarch.
Removal of Equipment. Verion reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilties and equipment are determined to be no longer complint with
NEBS standards or GR - 1009 - CORE.
Installation and Trouble Resolution. Verizon wil process and prioritize
the trouble ticket in the same manner it does for its own equipment,
including the dispatch of a technician to the equipment. The
technician wil contact Triarch at the number provided and servce the
equipment as instructed and directed by Triarch.
Placement. Removal and Monitoring of Facilities and Equipment.
From manhole zero toward Triarch's location the fiber optic cable
remains Triarch's responsibility, with Triarch performing all servcing
and maintaining full ownershp.
Triarch has the responsibility to remotely monitor and control their
circuits terminating in Verizon's premises, however, Triarch wil not
enter Verizon's premises under virtual Colloation arrangements.
162
1.9.11
Triarch 10 Camp v3.3a
Performance and surveillance monitoring and trouble isolation shall be
provided by Trirch. A clear distinction must be made by Triarch when
submittng repos of troubles on Verizon services/elements connected
to the virtually collocted equipment and reports of troubles with the
collocted equipment. The former can be handled using Verizon
technicians and standard processes. The latter wil require specially
trained technicins familar with the collocated equipment (refer to
Section 1.9.11).
When Triarch islates a trouble and determines that a Verizon
technician shoul be dispatched to the equipment location for a
servicing proceure, Triarch shall enter a trouble ticket with Verizon.
Triarch shall provide standard trouble information, including the virtual
Colloction arrangement's circuit identifcation, nature of the activity
request, and the name and telephone number of Triarch's
technician/contact.
Responses to au equipment servicing needs wil be at Trlarch's
direction. Maintenance will not be performed without Triarch's direct
instruction and authorization.
If Triarch is provding its own transport fiber for the virtual Collocation
arrangement;, Triarch wil arrange placement of the fiber into manhole
zero with enough length (as designated by Verizon) to reach the virtual
Collocation arrgement.
Maintenanceadivity (trouble in the equipment) is to be N$ed, isolated
and evaluated by Triarch. Verizon technicians will perfor the
instrcted activitis on the equipment as specifically directed by
Triarch.
Triarch shall provide, own, and operate the terminal equipment at their
site outside Verizon's premises.
Use of Non-Standard Equipment. When Triarch requests a virtual
Collocation arragement consisting of equipment which Verizon does
not use in its network nor has deployed in that particular premise to
provide service to itself or another CLEC, Triarch shall be responsible
for training 50%, but no fewer than five, of Verizon technicans 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 Triarch with adequate
manufacturer's training.
Tri~rch is responsible to arrange and pay all costs (including but not
limited to transpotion 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 Triarch. Triarch shall also pay for Verizon
technicians' time subject to rates contained in the Pricing Attachment.
When travel is required, travel expenses associated with training wil be
charged to Triarch based on ticket stubs and/or receipts. This includes
paying for mileage according to the IRS rates for personal car mileage
or airfare, as appropriate Triarch also has the option of arranging and
paying for all travel expenses for Verizon technicians directly.
163
In the event of an equipment upgrade, Triarch must provide secondary
training subject to the provisions contained herein.
1.9.12 Additions and Rearrangements. On Triarch has established a
virtal Collocation arrangement, chges to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
the current equipment) are considered rearrangements to that virtal
Collocation arrangement. If Triarch decdes to rearrange an existing
virtual Collocation arrangement, Triarch must submit a new application
outlining the details of the rearrangement along with a virtal
engineering/major augment fee.
1.9.13 Application of Rates and Charges.
Billng. Verizon wil apply charges (e.g., non-recurrng and recurrng
rates for entr 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 Triarch to utilize the completed virtual Colloction
arrangement wil not impair the right of Verizon to commence biling.
Verizon shall charge Triarch 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 Triarch's fiber in manhole zero, including license fees, shall be
the responsibilty of Triarch.
Virtual Engineering Fee. Verizon wil require a virtual
engineering/major augment fee (NRC) per virtu.al Collocation request,
per premise or other Verizon location where Triarch requests to
establish virtual Collocation. A virtual engineering/major augment fee
is required to be submitted by Triarch with its application. This fee
applies for all new virtual Collocation arrangements as well as
subsequent additions to an existing arrangement, and provides for
application processing, and for Verizon's performance of an initial site
visit and an engineering evaluation.
If Triarch cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, Triarch wil be liable for all costs and
liabilties incurred by Verizon in the developing, establishing, or
otherwise furnishing the virtal Collocation arrangement up to the point
of cancellation or withdrawaL.
Other Virtual Collocation Rate Elements. The application, description,
and rates ofColJocation rate elements that are also applicable for
virtual Collocation are described in the Pricing Attachment.
1.9.14 Conversions. Requests for converting virtual Collocation
arrangements to caged or cageless arrangements shall be submitted
and designated as an Augment Application described in Section 1.2.5.
Requests for converting a virtual arrangement to a cageless
arrangement that requires no physical changes to the arrangement wil
be assessed a minor augment fee. All other conversion requests for
virtual to caged or cageless wil be assessed an engineering/major
augment Fee and other applicable charges. Verizon will notify Triarch
within ten (10) Business Days following receipt of the completed
Triarch 10 Camp v3.3a 164
Augment Application if Triarc converson request is accepted or
denied. When convertng a virtal arrgement to a caged or
cageless arrangement, Triarch's equipment may need to be relocated.
Triarch wil be responsible for all costs assoiated with the relocation
of its equipment as described in Secti 1.2.7.
1.10 Microwave Collocation.
Microwave Colloction 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 suppo equipment on the exterior
of the building, and radio trnsmitter/reciver equiment located either inside or
on the exterior of the building. All microwave antenas must be physically
interconnected to Verizon facilties through the CoItion arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Colloction Attachment shall apply to microwave Collocation.
1.10.1
Triarch 10 Camp v3.3a
Accommodations. Verizon will provide space within the cable riser,
cable rack support strctures and betwn the transmitterlreceiver
space and the roof space neeed to reah the physical or virtual
Collocation arrangement and to access Verizon's interconnection
point. Waveguide may not be placed in Verizon cable risers or racks.
Verizon reserves the right to prohibit the installation of waveguide,
metallc conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required will be discussed durng the pre-onstruction
survey.
Verizon will designate the space in, on or above the exterior walls and
roof of the premises, which will constitute the roof space or
transmitter/receiver space. Verizon may require Triarch's
transmitter/receiver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or reay rack mourited. Verizon
may enclose Triarch's multiplexing node or transmitter/receiver
equipment in a cage or room.
At the option of Verizon, the antenna support structre shall be built,
owned and maintained by either Verizon or by Triarch. Verizon
reserves the right to use existing support structures for Triarch's
antenna, subject to space and capacity limitations. Verizon also
reserves the right to use any unused porton of a support structure
owned by Triarch for any reason, subjec to the prOvisions set forth
below. It shall be the responsibilty of the owner ofthe support
structure to maintain a record of the net book value of the structure.
When Verizon is the owner of the strucn.e, it shall keep such records
in accordance with the FCC's Part 32 uniorm syster of accounts.
When Triarch is the owner of the structure, it shall keep such records in
accordance with generally accepted accounting principles.
The owner of the support structure shall use reasonable effort to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilties, transmitter/receiver
equipment may be located in Triarch's interior Colloction space, or in
a separate location inside or on the exterior of the building as
determined by Verizon.
165
1.10.2 Security. Verizon wil permit Triarch's employees, agents and
contractors approved by Verizori to have access to the areas where
Triarch's microwave antenna and associated equipment (e.g., tower
and support structre, transmitter/receiver equipment, and waveguide
and/or coaxial cable) is located during normal business hours for
installation and rouine maintenance, provided that Triarch employees,
agents and contractors comply with the policies and practices of
Verizon pertaining to fire, safety and security. Such approval will not
be unreasonably withheld. During non-business hours, Verizon will
provide access on a per event basis.
Verizon wil also permit all approved employees, agents and contractors of
Triarch to have accss to Triarch's cable and associated equipment (e.g.,
repeaters). This will include accss to riser cable, cableways, and any room or
area necessary for access.
1.10.3 Safety and Technicl Standards. Verizon reserves the right to remove
facilities and equipment from its list of approved products if such
product, facilties and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibilty and
electrical safety generic critera for network telecommunication
equipment specified in GR - 1089 - CORE. Verizon wil provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible.
Verizon reserves th 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 towerstructures. .
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, Triarch or if applicable, Verizon,
shall have the complete strucwre, including guys and supports,
inspected every two years by an acceptable licensed professional
engineer of its choice specializing in this type of inspection. For Triarch
owned structures tht are solely for the use of one CLEC's antenna(s),
such inspection wil be at Triarch'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~90dayl). c.
Triarch shall provide written notice to Verizonof any complaint (and
resolution of such oomplaint) by any governmental authority or others
pertaining to the installation, maintenance or operation ofTriarch's
facilities or equipment located in roof space or transmitter/receiver
space. Triarch also agrees to take all necessary corrective action.
All Triarch microwave equipment to be installed in or on the exterior of
Verizon premises must be on the Verizon's list of approved products,
or equipment that is demonstrated as complying with the technical
specifications descrbed herein. Where a difference may exist in the
specifications, the more stringent shall apply.
Tnarch 10 Camp v3.3a 166
Triarch 10 Camp v3.3a
Triarch must comply with Verizon technical specifications for
microwave Collocation interconnection specified in NIP-74171 and
Verizon's digital switch environmental requirements specified in NIP -
74165, as they relate to fire, safety, health, environmental, and network
safeguards, and ensure that Triarch provided equipment and
installatin activities do not act as a hindrance to Verizon services or
facilities. Triarch's equipment placed in or on roof space or
transmitter/receiver space must also comply with all applicable rules
and regulations of the FCC and the FAA.
Triarch facilties shall be placed, maintained, relocted or removed in
accrdance with th applicable requirements and specifications of the
current edition of NIP - 74171, national electric code, the national
electrcal safety coe, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
All Triarc microwave facilities must comply with Bellcre 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 transmisin and electrcal grounding reqirements, or
interference with Verizon services or facilties.
The equipment located in, on or above the exterior walls or roof of
Verizon's building must either be on Verizon's list of approved products
or fully comply with requirements specified in GR - 63 - CORE, GR-
1089 - CORE and NIP 74171. This equipment must also coply with
NIP -74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or interference with Verizon service or facilties.
Each transmitter individually and all transmitters collectively at a given
location shall compl with appropriate federal, state and/or local
regulations governing the safe levels of radio frequenc radiation. The
minimum standard to be met by Triarch in all cases is specified in ANSI
C95.1 -1982.
Triarch equipment must conform to the same specific risk, safety,
hazard stndards which Verizon imposes on its own premises
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher. Triarch equiment is not required to meet the same
performance and relabilty standards as Verzon imposes on its own
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher.
1.10.4 Placement and Removal of Facilties and Equipment. Prior to
installation of Triarch's facilties or transmission equipment for
microwave interconnection, Triarch must obtain at its sole cost and
expense all necessary licenses, permits, approvals, and/or variances
for the installation and operation of the equipment and particular
microwave system, and when applicable for any towers or support
structures, as may be required by authorites having jurisdiction.
Triarch is not permitted to penetrate the building exterir wall or roof
when installng or maintaining transmission equipment and support
structures. All building penetration wil be done by Verzon or a hired
agent of Verizon.
167
Any Triarch's equipment used to produce or extract moisture must be
conneted to existing or newly constructed building or roof top drainage
systems, at the expense of Triarch.
Triarch wif be responsible for supplying, installng, maintaining,
repairing and sericing the following microwave specific equipment:
Waveguide, waveguide conduit, and/or coaxial cable, the microwave
antenna and assiated tower and support structure and any
associted equipment; and the transmitter/reciver equipment and any
required grounding.
Triarch may install equipment that has been deployed by Verizon for
five years or mor with a proven safety record.
1.10.5 Moves, Replacements or Other Modifications. Where Triarch intends
to modify, move replace or add to equipment or facilties within or
about the roof space or transmitterlreciver space(s) and requires
special consideration (e.g., use of freight elevators, loading dock,
staging area, etc.), Triarch must request and receive written consent
from Verizon. Such consent wil not be unreasonably withheld.
Triarch shall not make any changes from initial installation in terms of
the number of trnsmitter/receivers, tye of radio equipment, power
output of transmiters or any other technical parameters without the
prior written apprval of Verizon.
1.10.6 Space and Facirltes. Monthly rates are applicable to Triarch 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 Triarch's relative capacity
ratio (RCR), (Le.. the sum of the RCRs of each of the Triarch'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 antenn(s), tower(s), mount(s), guy wires and/or support
structures used by Triarch. For a non-rectangular footprint, the length
will 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 Triarch proposing to
use the structure, on a one-time basis, for the following costs and/or
values. Any incremental costs associated with installng the Triarch'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 Triarch's
proposed antenna(s) to be mounted on the structure. Triarch's RCR
represents the perent of the total capacity of the support structure
used by Triarch's antenna(s) on the strcture. Spare capacity shall be
deemed to be that of the owner of the structure. RCRs shall be
expressed as a two place decimal number, rounded to the nearest
whole percent. The sum of all users' RCRs and the owner's RCR shall
at all times equal 1.00. It shall be the responsibilty of the owner of the
structure to provide Triarch the net book value of the structure at the
time of the proposed use. Upon request, the owner shall also provide
Triarch 10 Camp v3.3a 168
the proposed user accounting records or other documentation
supporting the net book value.
The owner of the structre may not assess Triarch any charges in
addition to the one-time charge described above, except that the owner
of the structure may assess Triarch a proporonate share of inspection
costs and Verizon may assess Triarch monthly recurrng charges for
use of its roof spac. At the time Triarch proposes to attch addional
antennas to an existing support structure, it shall be the responsiilty
of Triarch to obtain, at its cost and expense, an engineering analysis by
a registered structural engineer to determine the relative capacity ratio
of all antennas on the structure, including the proposed antennas.
When a Triarch is the owner of the structure. the proposed user shall
pay Triarch direct the one-time charge as set forth above. When
Verizon is the owner of the support structre, it shall determine th
charge on an individual case basis. In th event that Triarch as owner
of the support strcture fails to comply with these provisions, at
Verizon's option, ownership of the support structure shll transfer to
Verizon.
Costs incurred by Verizon to coduct 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 therto in
order to insure that such loadings meet generally accepted enginering
criteria for radio tower structures, wil be biled to Triarc.
1.10.7 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, Triarch will be billed on a time and materials basis for th
costs incurred.
1.10.8 Escorting. When Triarch personnel are escorted by a qualified
Verizon employee for access to the roof space, transmitterlreceiver
space, or cable risers and racking for maintenance, the miscllaneous
labor charges as set forth in the Pricing Attachment wiD apply.
Tnarch 10 Camp v3.3a 169
911 ATTACHMENT
1. 911/E-911 Arrangements
1.1 911/E-911 arrangements provide a caller access to the appropriate PSA by
dialing a 3-digit universal telephone number "911". Verizon providesan
maintains such equipment and softare at the 911/E-911 Tandem
Offce(s)/Selective Router(s), Verizon interace point(s) and AU Databae as is
necessary for 911/E-911 Calls in areas where Verizon is the designate 911/E-
911 Service Provider.
1.2 Verizon shall make the followng informatin available to Triarch. 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 ClLl code (and S87 point code when applicable) of
each 911/E-911 Tandem Ofce(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 Street Address Guide (MSAG) on
behalf of the Contrling 911 Authority, Verizon shall provide to Triarch
a complete copy of such MSAG annually upon written request for each
county within the LATA(s) in th State of Idaho, where Triarch is
providing Telephone Exchange Service, provided that Verizon is
permitted to do so by Controlling 911 Authority.
2. ALI Database
2.1 Where Verizon manages the ALI Database, information regarding the AU
Database is provided electronically at the Verizon Parter Solutions website
(formerly referred to as the Verzon whoesale website).
2.2 Where Verizon manages the All Database, Verizon shall:
2.2.1 store Triarch end user data provided by Triarch in the AU Database;
2.2.2 provide Triarch accs to the All Database for the initial loading and
updating of Triårch end user records in accordaricl:fWithinformation
contained in the Verizon Parter Solutions website (formerly referred
to as the Verizon whlesale website); and
2.2.3 provide Triarch an-error and status report based on updates to the AU
Database received from Triarch.
2.3 Where Verizon manages the AU Database, Triarch 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;
utilze the appropriate Verizon electronic interface to update E-911
data in the AU Database related its end users (and all such database
2.3.2
Triarch 10 Camp v3.3a 170
information in the ALI Database shall conform to Verizon standards,
which are provided at the Verizon Partner Solutions website (formerly
referred to as the Verizon wholesale website));
2.3.3 use its company 10 on all end user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entr of E-911 data in the ALI
Database; and,
2.3.5 enter E-911 data into the ALI Database in accrdance with NENA
standards for LNP. This includes, but is not limited to, using Triarc's
NENA 10 to lock and unlock records and the posting of the Triarch
NENA 10 to the ALI Database record where such locking and
unlocking feature for E-911 records is available, or as defined by locl
standards. Triarch is required to promptly unlock and migrate its E-
911 recos in accrdance with NENA standards. In the event that
Tnarch discntinues providing Telephone Exchange Service to any of
its end users, it shall ensure that its E-911 records for such end users
are unloced in accrdance with NENA standards.
2.4 In the event Triarch uses an Agent to input its end usets E-911 data to the All
Database through the appropriate Verizon electronic interface, Triarch shall
provide a Letter of Authorization, in a form acceptable to Venzon, identifyng and
authorizing its Agent.
3. 911/E-911 Interconnection
3.1 Triarch may, in accordance with Applicable Law, intercnnect to the Venzon
911/E-911 Tandem Offc~s)/Selective Router(s) or Verizon interface point(s).
Verizon shall designate interface point(s), e.g., digital cross connect systems
(DCS), where Triarch may interconnect with Verizon for the transmission and
routing of 911/E-911 Calls to all subtending PSAPs that serve the areas in which
Triarch provides Telephone Exchange Services.
3.2 In order to interconnect with Verizon for the transmission and routing of 911/E-
911 Calls, Tnarch shall:
3.2.1
3.2.2
3.2.3
3.2.4
Triarch 10 Camp v3.3a
interconnect with each Verizon 911/E-911 Tandem Offce/Selective
Router or Verizon interface point that serves the exchange areas in
which Triarch is authonzed to and wil provide Telephone Exchange
Service;
provide a minimum of two (2) one-way outgoing 911/E-911 trnks over
diversely routed facilties that are dedicated for originating 911/E-911
Calls from-the Triarch switch to each designated Verizon 911/E-911
Tandem Offce/Selective Router or Verizon interface point, using SS7
signaling where available, as necessary;
(Intentionally Left Blank);
provide suffcient trunks and facilties to route 911/E-911 Calls from
Triarch to the designated Verizon 911/E-911 Tandem
Offce(s)/Selective Router(s) or Verizon interface point(s). Triarch is
responsible for requesting that trunks and facilties be routed diversely
for 911/E-911 interconnection;
171
3.2.7
3.2.5 determine the proper quantity of trunks and facilities from its switch( es)
to the Verizon 911/E-911 Tandem Offces)/Selective Router(s) or
Verizon interface point(s);
3.2.6 engineer its 911/E-911 trunks and facilitis to attain a minimum P.OL
grade of service as measured using the -busy day/busy hout' criteria
or at suh other minimum grade of servic as required by Applicable
Law OF the Controllng 911 Autority;
monitor its 911/E-911 trunks and facilities for the purpose of
determining originating networ trffc volumes. If the Triarch traffc
study indicates that additional trunks andor facilities are needed to
meet the current level of 911/E-911 Call volumes, Triarch shall order
or otherise provide adequate additional trnks and/or facilties;
3.2.8 promptly tèstall 911/E-911 trunks and failties between the Triarch
network and the Verizon 911/E-911 Tandem Offces)/Selective
Router(s) or Verizon interfce point(s) to assure proper functoning of
911/E-911 arrngements. Triarch shall not transmit or route five
911/E-911 Calls until succssfl 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 interface points. Triarch shall
advise Verizon of the circuit identification when notifying Verizon of a
failure or outage.
4. 911/E-911 General
4.1 Verizon and Triarch shall work cooperatively to arrange meetings with the
Controllng 911 Authorities to answer any technical questions the PSAPs, or
county or municipal cordinators may have regarding the initial 911/E-911
arrangements
4.2 Triarch shall compensate Verizon for provision of 911/E-911 Services pursuant to
the Pricing Attachment of this Agreement.
4.3 Triarch and Verizon shall comply with all Applicable law (including 911 taxes and
surcharges as defined by Applicable Law) pertaining to 911/E-911 arrangements.
4.4 Triarch shall collect and remit, as required, any 911Æ-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 Triarch reasonable terms and conditions (including, without limitation,
rates and implementation timeframes) for such Serice; and; if the Pares cannot agree
to such terms and conditions (including, without limitation, rates and implementation
timeframes), either Part may utiize the Agreement's dispute resolutn procedures.
Triarch 10 Camp v3.3a 172
PRICING ATTACHMENT
1. General
1.1 As used in this Attchment, Uie term "Charges" means the rates, fees, charges
and prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attchment, Charges for
Services shall be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the
Pro~i~iri_g 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 Attachment
that do not include a Charge, either marked as "TBDR or otherwse, Venzon is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective DateR). When Verizon finishes
developing such a Charge, Venzon shall notify Triarch in wrting of such Charge
in accordance with, and subject to, the notices provisions of this Agreement and
thereafter shall bil Tnarch, and Triarch shall pay to Venzon, for Services
provided under this Agreement on the Effective Date and thereafter in
accordance with such Charge. Any notice provided by Verizon to Triarch
pursuant to this Setion 1.4 shall be deemed to be a part of Appendix A of this
Pricing Attchment immediately after Verizon sends such notice to Triarch and
thereafter.
1.5 The Charges stated in Appendix A of this Pncing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically superseded
by any new Charge(s) when such new Charge(s) are required by any order of the
Commission or the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has been filed with the Commission or the FCC), provided such
new Chargee s) are not subjec to a stay issued by any court of competent
jurisdiction.
1.6 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.60fthisAttachment, the Charges for the Service shall be the PröViding
Part's FCC or Commission approved Charges.
1.8 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
2. Verizon Telecommunications Services Provided to Triarch 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.
Tnarch 10 Camp v3.3a 173
2.1.1 The Charges for a Verizon Telecommunications Service purchased by
Triarch for resale for which Verion is required to provide a wholesale
discount pursuant to Section 251 (c)(4) of the Act shall be the RetailPrice for such Service set forth in Verizon's applicable Tariffs (or, if
there is no Tariff Retail Price for such Service. Verizon's Retail Price
for the Service that is generally offered to Verizon's Customers), less,
to the extent required by Applicable Law: (a) the applicable wholesale
discunt stated in Verizon's Tariff for Verizon Telecommunications
Services purchased for resale pursuant to Section 251 (cX4) ofthe Act;
or (b) in the absence of an applicble Verizon Tariff wholesale
discount for Verizon Telecommunications Servs purchased for
resale pursuant to Sectin 251(c)(4) of the Act the applicable
wholesale discount stted in Appendix A for Verizon
Telecommunications Serices 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 Triarch for resale
pursuant to Section 3.3 of the Resale Attchment for which Verizon is
required to provide a wholesale discount pursuant to Secon 251(c)(4)
of the Act shall be the Retail Price for the CSA, less, to the extent
. required by Applicable Law: (a) the applicable wholesale discount
stated in Verizon's Tariff for Verizon Telecommunications Serices
purchased for resale pursuant to Section 251(cX4) of the Act; or (b) in
the absence of an applicable Verizon Tariff wholesale discunt for
Verizon Telecommunications Services purchase for resale pursuant
to Section 251 (c)(4) of the Act, Uie applicable discount stated inAppendix A for Verizon Telecommunications Serices purcased for
resale pursuant to Section 251 (c)(4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Verizon may establish a wholesle discount for a CSA
that differs from the wholesale discunt that is generally applicable to
Telecommunications Services provided to Triarch for resale pursuant
to Section 251 (c)(4) of the Act.
2.1.3 Notwithstanding Secons 2.1 and 2.2 of this Attachment, in
accordance with, and to the extnt permitted by Applicable Law,
Verizon may at any time establish a wholesale discount for a
Telecommunications Service (including, but not limited to, a CSA) that
differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to Triarch for resale pursuant
to Section 251 (c)(4) of the Act.
2.1.4 The wholesale discot stated in Appendix A shall be autornaticallý .
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 othrwise 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;
Triarch 10 Camp v3.3a 174
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Accss services;
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
use common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Part Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other govermental entity of appropriate jurisdicton
determines is not subject to a wholesale discount under
Section 251 (c)(4) of the Act.
2.2 Verizon Telecommunications Serves for which Verizon is Not Required to
Provide a Wholesale Discunt Pursant to Section 251(c)(4) of the Act.
2.2.1 The Charges for a Venzon Telecommunications Service for which
Verizon is not required to provide a wholesale discount pursuant to
Section 251 (c)(4) of the Act shall be the Charges stated in Verizon's
Tariffs for such Verizon Telecommunications Service (or, if there are
no Verizon Tar Charges for such Service, Verizon's Charges for the
Service tht are generally offered by Verizon).
2.2.2 The Charges for a Venzon Telecommunications Service customer
specific contract service arrangement ("CSA") purchased by Triarch
pursuant to Section 3.3 of the Resale Attachment for which Verizon is
not required to provide a wholesale discount pursuant to Section
251 (c)( 4) of the Act shall be the Charges provided for in the CSA and
any other Charges that Verizon could bil the person to whom the CSA'
was originally provided (including, but not limited to, applicable Verizon
Tariff Charges).
2.3 Other Charges.
2.3.1 Triarch shall pay, or collec and remit to Verizon, without discount, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Verizon Telecommunications
Services provided by Verion to Triarch.
3. Triarch Prices
Notwithstanding any other provision of this Agreement, the Charges that Triarch bils
Verizon for Triarch's Services shall not exce the Charges for Verizon's comparable
Services, except to the extent that Triarch's cost to provide such Triarch's Services to
Verizon exceeds the Charges (òr Verizon's comparable Services ànd Triarch has
demonstrated si.êhcosttò Verizoñ;''6'r;'at Verizon's request, to the Cömmissibn or the
FCC.
4. (This Section Intentionally Left Blank)
5. Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Part reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
Triarch 10 Camp v3.3a 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).
Triarch 10 Camp v3.3a 176
APPENDIX A TO THE PRICING ATTACHMENT1
(IDAHO)vl.13
I. Rates and Charges for Transport and Termination of Traffc2
A. Reciprocl Compensation Traffc Termination
Reciprocal Compensation Traffc End Ofce 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. Entrnce Facilty and Transpor for Interconnection Charges: See Intrastate
Special Access Tariff
D. Exchange Access Service: Per Verizon interstate and/or Verion intrastate
access tariff
This Appendix may cotain rates for (andlor referenc) services, failties, arrangements and th like
that Venzon does not have an obligation to prvide under the Agreement (e.g., servic, facilties, arrngements and the
like that Venzon is not required to provide under Section 251 of the Act). Notwithstancmg any such rates (andlor
references) and, for the avoidance of any doubt, nothing in Ulis Appendix shall be deemd tQJeqyire.yenzqn to provide a
service, facility, arrngement or the like that the Agreement does not reqire Venzon to provide, or to provide a service,
facilty, arrangement or the like upon rates, terms or conditions oUler than those that may be reuired by the Agrement.
All rates and charges set forth in this Appendix shall apply unti such time as they are replaced by new rates
and/or charges as the Commission or the FCC may approve or allow to go into effect frm time to time, subject however,
to any stay or other order issued by any cort of competent junsdiction. In addition to any rates and chrges set forh
herein, Verizon, effective as of March 11, 205, may, but shall not be reqired to, charg (and Tnarch shall pay) any rates
and charges that apply to a CLEC's embedde base of certain UNEs pursuant to the FCC's Order on Remand,
Unbundled Access to Network Elements; Review of the Section 251 Unbundling Obligaions of Incumbnt Local
Exchange Carriers, WC Oocket No. 04-313, CC Docket No. 01-338 (FCC rei. Feb. 4, 205) (Ule''TRRO"), the foregoing
being without limitation of other rates and charges Ulat may apply under subsequent FCC orders or otheiwise. In
addition, as set forh in Industry Notices, accss tanff rates and/or other applicable norNE rates may apply for certain
facilties and arrangements that are no longer available as unbundled netork element or combinations thereof.
2 All rates and charges spcifed herein are pertaining to the Intercoection Attachment.
Triarch 10 Comp v3.3a 177
fl. Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Servces
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Accunt
$273.09
$ 11.69
Ordering and Provisioning
Engineered Initial Service Order (ISO) - New Service
Engineered Initial Service Order - As Specied
Engineered Subsequent Service Order
Non-Engineered Initial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered Initial Service Order - As Specified
Non-Engineered Subsequent Service Order
Central Offce Connect
Outside Facilty Connect
Manual Ordering Charge
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 12.21
$ 68.30
$ 12.17
Product Specific
NRCs. other than those for Pre-rdering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, wil be charged from the appropriate retail tariff. No
discount applies to such NRCs.
Custom Handling
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
ISO
Central Offce Connection
Outside Facilty Connection
$ 35.48
$ 12.59
$ 17.76
$ 10.71
$ 9.59
Hot Coordinated Conversion First Hour:ISO $ 30.55Central Offce Connection $ 42.83Outside Facility'Cóïhéêtiol1 $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:ISO $ 6.40Central Offce Connection $ 10.71Outside Facilty Conection $ 9.59
Triarch 10 Comp v3.3a 178
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the firs time that Triarch
orders any service from this Agreement.
Customer Record Search applies when Trirch requests a summary of the serices
currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered Initial Service Order - New Service applies per Local Service Request (LSR)
when engineering work activity is required to complete the order, e.g. digital loops.
Non-Engineered Initial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating frm Verizon to Triarch. Complex Serices are
services that require a data gathering form or have special instrctions.
Non-Engineered Initial Service Order - Changeover applies only to Basic Service for
services migrating from Verizon to Triarch. End-user service may remain the same or
change.
Central Ofce Connect applies in additon to the iSO whenphyslcalinstllation is ~ c ~
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
Triarch's order into Verizon's Secure Integrated Gateway System (SIGS), e.g. faxed
orders and orders sent via physical or electrnic mail.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Proisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if Triarch requests
service prior to the standard due date intervals.
Coordinated Conversion applies if Triarch requests notification and coordination of
service cut over prior to the ærvièe becoming effective.
Hot Coordinated Conversion First Hour applies if Triarch requests real-time coordination
of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Triarch 10 Comp v3.3a 179
II.Prices for Unbundled Network Elements3
Monthly Recurring Charges4
Local Loop.-.
2 Wire Analog Loop (inclusive of NID)$45.00
4 Wire Analog Loop (inclusive of NID)$67.00
2 Wire Digital Loop (inclusie 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
DSl Clear Channel Capabilty $26.00
Sub-Loop
2-Wire Distrbution $26.04
4-Wire Distribution $45.64
2-Wire Drop $5.57
4-Wire Drop $5.91
Inside Wire BFR
Network Interface Device (leased separately)
BasicNID:$1.80
Complex (12 x) NID $1.90
Dedicated Transport Facilties
Interoffce Dedicated Transport
lOT DSO Transport Facilty per ALM $0.13
lOT DSO Transport Termination $12.90
lOT DS1 Transport Facilty per ALM $1.91
lOT DS1 Transport Termination $45.00
lOT DS3 Transport Facilit per ALM $25.15
lOT DS3 Transport Termination $234.14
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing $194.78
DS3 to DS1 Multiplexing $550.00
DS1 Clear Channel Capability $26.00
3 For the avoidance of any doubt, in addition to any rates and charges set forth herein, Verizon,
effective as of March 11, 2005, may, but shall not be reuired to, chrge (and Tnarch shall pay) any rates and chargs
that apply to a CLEC's embedded base of certin UNEs pursuant to the TRRO, the foregoing being without limitation of
other rates and charges that may apply under subsequent FCC orders or otherwise; in addition, as set forth in Industr
Notices, access tanff rates and/or other applicable non-UNE rates may apply for certin facilties and arrangements that
are no longer available as unbundled network elements or combinatis thereof.
4 In compliance with the FCC Order approving th Merger of GTE Corporation and Bell Atlantic (CC
Oocket No. 98-1840), Verizon wil offer limited duration promotional discounts on resold residential exchange access
lines. The terms and conditions on which these promotnal disconts are being made available can be found on
Venzon's web site, at http://w.gte.com/wise for formr GTE serv areas and http://ww.bell-
atl.comfwholesale/htmllresources.htm for former Bell AUantic servce areas.
Triarch 10 Comp v3.3a 180
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Deicated Transport
Dark Fiber lOT -Facilty
Dark Fiber lOT -Termination
Intermediate Ofce Cross Connect
Triarch 10 Comp v3.3a 181
$67.13
$
$
24.80
6.34
TBD
EEL Pricing
MRCs. The MRCs for an EEL wil generally be equal to the applicable MRCsfor UNEs and
Multiplexing that comprise an EEL arrangement (e.g. UNE Loop. lOT, Multiplexing, & ClearChannel Capabilty). . .
Triarch 10 Comp v3.3a 182
Line Splitting (also referred to as "Loop Sharing,,)5 6
A. Unbundled Local Loops ',. As Applicable per this AppendiX A for UNE Local 2..Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurrng 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. AlsQ
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch In, Out, and Dispatch Expedites, Installation
Dispatch, Manual Intervention, Expedited, Digital Designed
Recurring and Non-Recurring Chargesi. Regrade $9.59 NRCB. Other Charges
ii. *Service. Connection
*Service Connection/Other
A seond Service Connection
NRC and Service Connection/
Other NRC applies on New
Loop Sharing Arrangement
involving the connection of
both voice and data
connections.
ii. Disconnect A discnnect NRC applies,
as applicable, on tQtal Loop
Sharing disconnects.
iv. Line and Station Transfers
IPair Swaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arrangements.
C. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection an
Installation Rates)
As Applicable per this Appendix A.
Rates for the individual lie spitting coponents are contained in existing terms for Unbundled
Netwrk Elements and Collocation.
This Pncing Attachment incorates by reference the rates set forth in the Agreement for the
services and charges referenced herein. In 1le event this Pring Attachment refers to a service that is not available
under the Agreement, the Agreement shall cotro. Nothing in this Appendix A shall be deemed 10 require Venzon to
provide a service that the Agreement does nct reuire Verizon to provide.
Tnarch 10 Comp v3.3a 183
Pre-ordering
NON-RECURRING CHARGES - LOOP AND NID
CLEC Account Establishment Per CLEC
Customer Record Search
Ordering and Provisioning
Loop:
Engineered Initial Service Order (ISO)
Non-Engineered ISO
Central Offce. Connection
Outside Facilty Connection (See Note 1)
NID:
ISO
Outside Facilty Connection
Custom Handling
Manual Ordering Charge
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 Connection
Hot Coordinated Conversion per Additional Quarter Hour:
ISO
Central Offce Connection
Outside Facilty Connection
$
$
166.32
4.21
$294.07
$49.31
$12.21
$68.30
$33.38
$42.69
$12.17
$25.80
$3.36
$17.76
$10.71
$9.59
$30.55
$42.83
$38.34
$6.40
$10.71
$9.59
Note 1: The Outside Loop Facility Charge wil apply when fieldwork is required for establishment
of a new unbundled loop service.
Triarch 10 Comp v3.3a 184
NON-RECURRING CHARGES - OTHER UNEs
Exchange - FDI Distribution Interconnecon - Initial
Exchange - FDI Distribution Interconnecton - Subsequent
Exchange - Serving Terminal Interconnecion -Initial
Exchange - Serving Terminal Interconnecion - Subsequent
$ 36.32
$ 15.01
$ 36.32
$ 15.01
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
$ 26.88
$ 11.83
$ 26.88
$ 11.83
$ 61.90
$ 16.99
$ 28.99
$ 13.23
$ 30.36
$ 7.22
$ 15.51
$ 6.41
$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 DS1 Multiplexer
DS1 to DSO Multiplexer
$ 88.39
$ 38.02
$ 97.94
$ 38.02
N/A
N/A
$ 56.13
$ 21.89
$ 65.68
$ 21.89
N/A
N/A
$12.21
$ 12.21
$12.21
$ 12.21
$450.00
$800.00
N/A
N/A
N/A
N/A
N/A
N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)$161.87 $99.77 $41.64 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)-$7.52 $4.56 $41.64 N/AAdditional 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 NJAAdditional MOG (Mass Order Generator) Only
Triarch 10 Comp v3.3a 185
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils I Bridged Tap
N/A
N/A
N/A
N/A
N/A
N/A
$318.71
$249.91
$568.62
$ 34.88
$
$ .34.88
Advanced - Basic(2-wire and 4-wire) -Initial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) -Initial
Advanced - Complex (DS1 and above) - Subseuent
$ 95.49
$ 45.12
$105.04
$ 45.12
$ 63.01
$ 28.77
$ 72~56
$ 28.77
$428.58
$ 58.20
$584.49
$ 86.80
N1A
NlA
N1A
N1A
Exchange Products
Advanced Products
$ 3.36
$ 25.80
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 4.21
$166.32
$40.96
$ 3.36
$ 25.80
$
$166.32
. $40.96
These charges are intenm and subject to retroactive true back to the Effective Oate of this
Agreement.
8
N/A
N/A
N/A
N/A
N/A
A Line and Station Transfer (LST) Charge applies when Verizon arranges or rearranges an individua
circuit at a terminal or cross-onnect box to free up a pair or suitable facilty at the required service location; examples
include an arrangement of copper to OLC, the rearrangement of 10LC to coper and the rearrngement of 10LC to UOLC.
Tnarch 10 Comp v3.3a 186
NlA
NlA
N1A
NlA
NlA
Engineering Queryl0 NJA N/A $183.99 N/A
Engineering Work Order11 N/A N/A $ 94.40 N/A
Expedite Engineering Queryl0 12 N/A N/A $ 41.67 N/A
Expedite Engineenng Work Order1t 12 NJA N/A $ 27.94 N/A
Clear Defective Pair N/A N/A $272.35 NJA
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 NJA N/A $2,992.81 N/A
Range Extenders - DSO Installation N/A N/A $809.72 N/A
Range Extenders - DSl Installation N/A N/A $809.72 N/A
Channel Unit to Universal/Catted OLe System (existing)N/A N/A $170.30 N/A
Serving Terminal - Installation/Upgrae N/A N/A Time and N/A
Matenal
Activate Dead Copper Pair N/A N/A $199.90 N/A
Multiplexer - 1/0 - Installation N/A N/A $12,211.41 N/A
Multiplexer - 1/0 - Reconfiguration N/A N/A $170.30 N/A
Multiplexer - 3/1 - Installation N/A N/A $26,981.19 N/A
Multiplexer - 3/1 - Reconfiguration NJA NJA $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 Failty ,N/A N/A $346.93 N/A
Line Card - Installation NJA N/A $314.63 N/A
Copper Rearrangement N/A N/A $482.90 N/A
Central Offce Terminal-Installation N/A N/A $35,307.87 N/A
IDLC Only Condition N/A N/A $36,847.28 N/A
Other Required Modifications N/A N/A Time and N/A
Material
OTHER
Commingled Arrangements - per cirClit NRC N/A N/A $50.00 N/A
Conversion - Service Order N/A N/A $19.33 N/A
Conversion - Installation per circuit N/A N/A $7.27 N/A
Circuit Retag - per circuit N/A N/A $ 59.43 N/A
This Appendix may contain rates and charges for (and/or reference) services, faclities, arrngements and the
like that Verizon does not have an obligation to prvide under the Agreement (e.g., service. facilties. arrangements and
the like for which an unbundling requirement doe not exist under 47 U.S.C. Section 251(cX3)). Notwithstanding any
such rates and/or charges (and/or references) an. for the avoidance of any doubt, nothing in this Appendix shall be
deemed to require Verizon to provide a service. lacilty, arrangement or the like that the Agrement does not require
Verizon to provide. or to provide a service, facilty. arrangement or the like upo rates, term or conditions other than
those that may be required by the Agreement.
Engineering Query Charges apply in addition to charges for actual network modtion and Engineenng Work
Order charges where applicable.
10
Engineenng Work Order Charges appl in addition to charges for acual network moifcation and Engineering
Query charges where applicable.
11
12 Expedite Charges apply in addition to other listed rates.
Tnarch 10 Comp v3.3a 187
Dark Fiber - Dark Fiber Routine Network Modifications N/A N/A Time and N/A
Matenal
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that Triarch
orders any service from this Agreement.
Customer Record Search applies when Tnarch requests a summary of the servces
currently subscribed to by th end-user.
Orderin9-and~Provisenng;- ~~~- ~ -~ -~ --- - -- --~ ~~ ~ -~- ~.~-- -~ -~~ -- --~ ~--, - - - - -- -- ~- ~ -~ ~~- -------- - - - -
Initial Service Order (ISO) applies to each Local Service Request (LSR) and Accss
Service Request (ASR) for new service Charge is Manual (e 9 for a faxed order or
Semi-Mechanized (e.g. for~n electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each LSRlASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by the CLEC.
Advanced ISO applies per LSRlASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSRlASR when no engineering work activity is require to
complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The Additionl Unit
applies for each additional unit installed on the same ISO.
)' .
...~ ,
Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and serice arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer's needs.
Examples of services and their Orderng/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution, Drop
and NID.
Exchange-Complex: Non-loaded Sub-Loop Distribution and Loop Conditioning.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber and EELs.
Conditioning applies in addition to the ISO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DS1 Clear Channel Capabilty applies in addition to the ISO, per DS1 for the installation
and grooming of DS1 Clear Channel Capabilty requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
Triarch 10 Comp v3.3a 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 Capabilty
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if Triarch requests service prior to the standard due date
intervals and the expedite request can be met by Verizon.
Coordinated Conversion applies if Triarch requests notification and cordination of
serVice cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Triarch requests real-time coordination
of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies. in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by the CLEC.
Triarch 10 Comp v3.3a 189
IV. Rates and Charges for 911
See State Access Tariff.
Triarch 10 Comp v3.3a 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 (Uncnnectorized)per termination NRC 1.1.00
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timing per project NRC 307.00
Monthly Recurring Prices
Caged Floor Space including Shared Access Area per sq ft MRC 5.00
DC Power per load amp MRC 14.79
Building Modification per request MRC 201.00
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Triarch 10 Comp v3.3a 191
Fiber Optic Patchcord Duct Space per cable ru MRC 0.56Manhole Space - Fiber per project MRC 6.00Subduct 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
Triarch 10 comp v3.3a 192
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC $1,129.0(;Minor Augment Fee per occurrence NRC 200.00
Access Card Administration (New/Replacement)per card NRC 22.00
DC Power
Engineering per project NRC 75.43
Cable Puiirrermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Overhead Superstructure per project NRC 2,440.00
Facilty Cable or Fiber Optic Patchcord PulllTermination
Engineering per project NRC 76.00
Facility Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timing per project NRC 307.00
Monthly Recurring Prices
Relay Rack Floor Space per lin ft MRC 20.00
DC Power per load amp MRC 14.79
Building Modification per request MRC 201.00
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per inneruct ft MRC 0.02
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
Triarch 10 Comp v3.3a 193
Elements
Subduct Space - Fiber
Cable Vault Splice
Fiber Cable - 48 Fiber
il':Material per splice MRC 10.00
Fiber Cable - 96 Fiber
Material per splice MRC 27.00
BITS Timin9 per occurrence MRC 11.00
Tnarch 10 Comp v3.3a 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
DSl Cable
Connectorized per 28 pr NRC 2.00
Unconnectorized per 28 pr NRC 32.00
DS3 (Coaxial) Cable
Connectorized per DS3 NRC 2.00
Unconnectorized per DS3 NRC 11.00
Fiber per fiber term NRC 70.00
Monthly Recurring Prices
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per coaxial MRC 11.00
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilzation per subduct MRC 1.00
Fiber Cable - 96 fiber
Space Utilzation per subduct MRC 1.00
Cable Rack Space
Metallic 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
Triarch 10 Comp v3.3a 195
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC 557.81
Equipment Installation per quarter rack NRC 3,474.25
Softare Upgrades per base unit NRC 96.08
Card Installation per card NRC 222.52
DC Power
Engineering per project NRC 75.43
Cable PullfTermination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Facilty Cable or Fiber Optic Patchcord PullfTermination
Engineering per project NRC 76.00
Facility Cable Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patch cord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timing per project NRC 307.00
Monthly Recurring Prices
Equipment Maintenance per quarter rack MRC 82.15
DC Power per load amp MRC 14.79
Environmental Conditioning per load amp MRC 2.28
Facilty Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per DS3 MRC 11.00
Fiber Optic Patchcord per connector MRC 1.01
Cable Rack Space - Metallc per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Triarch 10 Comp v3.3a 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
MRC
27.00
11.00BITS Timing per occurrence
Tnarch 10 Comp v3.3a 197
Elements
Non-Recurring Prices
Augment Fee per occrrence NRC 998.92
Facilty Pull
Engineering per project NRC 76.00
Labor per Iinearft NRC 1.12
Building Penetration for Microwave Cable per occurrence NRC ICB
Special Work for Microwave per occurrence NRC ICB
Monthly Recurring Prices
Rooftop Space per sq ft MRC 4.65
Triarch 10 Comp v3.3a 198
Non-Recurring Prices
DSO
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per (;rder
per order
per jumper
per order
DS1/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
per order
per order
per jumper
per order
Lit Fiber
Triarch 10 Comp v3.3a 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.Time,Outside Business Day, Per Tech
First Half Hour or Fraction Thereof NRC 150.00
Each Additional Half Hour or Fraction Thereof NRC 125.00
Cable Material
Facilty Cable-DSO Cable (Connectorized) 100 per cable run NRC 324.00
pair
Facilty Cable-DS1 Cable (Connectorized)per cable run NRC 301.00
Facilty Cable-DS3 Coaxial Cable per cable run NRC 82.00
Fiber Optic Patch cord - 24 Fiber (Connectorized)per cable run NRC 810.30
Power Cable-Wire Power 1/0 per cable run NRC 91.00
Power Cable-Wire Power 2/0 per cable run NRC 132.00
Power Cable-Wire Power 3/0 per cable run NRC 146.00
Power Cable-Wire Power 4/0 per cable run NRC 180.00
Power Cable-Wire Power 350 MCM per cable run NRC 307.00
Power Cable-Wire Power 500 MCM per cable run NRC 428.00
Power Cable-Wire Power 750 MCM per cable run NRC 658.00
Facility Cable - Category 5 Connectorized per Iinearft NRC 1.07
Collocation Space Report per premise NRC 1,218.00
Triarch 10 comp v3.3a 200
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Engineering/Major Augment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is suffcient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
suffcient DC power facilties exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Offce Engineers to attend status meetings.
Engineering/Major Augment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilties. 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 facilties, what building modifications are
necessary, if any, and if suffcient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilties. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Augment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additional AC or DC power systems, HVAC system upgrades, or additinal cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
Of the CLEC including, but not limited to: installation of Virtual equipment cards or softare
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers activitis associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Cage Grounding Bar. The Cage Grounding Bar rate recovers the mateal and labor costs to
provision a ground bar, including necessary ground wire, in the collocator's cage.
BITS Timing. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overead Superstructure charge is designed to
recover Verizon's engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facility Cable or Fiber Optic Patchcord PuIlITermination-Engineering. The Facilty Cable or Fiber
Optic Patchcord PullITermination-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 costs of
pullng transmission cable from microwave antennae facilties on the rooftop to the collocation
cage or relay rack.
Triarch 10 comp v3.3a 201
Facilty PulL. The Facilty Pull charge is applied per cable run and recovers the labor cost of
pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distibution 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 pullng the CLEC's fiber cable, when necessary, into Verizon's
central offce.
Fiber Cable Pull-Place Innerduct The Fiber Cable Pull-Place Innerduct charge is applied per
linear foot to cover the cost of placing innerduct. Innerduct is the split plastic duct placed from the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-labor. This charge is applied per linear foot and covers the labor costs of pullng
the ClEC's fiber cable into Verizon's central offce.
Fiber Cable Pull-Fire Retardant. This charge is associated with the 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 recovers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Verizon's engineering and installation costs for pullng and terminating DC power
cables to the collocation area. For initial applicatins, each DC Power feed will require two (2)
cables.
Cable Material Charges. The ClEC has the option of providing its own cable or Verizon may, at
the ClEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. If Verizon provides these cables, the applicable Cable
Material Charge 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 propert, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adjacent Facility Pull-labor. This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX paneL.
Adjacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX paneL.
Tnarch 10 Comp v3.3a 202
Collocation Space Report. When requested by a CLEC, Verizon will submit a report that
indicates Verizon's available collocation space in a particular premise. The report wil be issued
within ten calendar days of the request. The report wil specify the amount of collocation space
available at each requested premise, the number of colloctors. 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 colocation.
Miscellaneous Services Labor. Additional labor, if required, by Verizon to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or perform
inventory services for CLECs.
Facilty Pull (Microwave Only). The Facilty Pull charge is applied per linear foot and recovers the
labor cost of pullng transmission cable from the microwave antennae and other exterior facilties
on the rooftop to the transmission equiment 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 collocatin cage or relay rack wil be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Special Work for Microwave. The costs incurred by Verizon for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
will be determined and applied on an individual case basis.
Virtual Equipment Installation. The Virlal Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Verizon for engineering and
installation of the virtual collocation equiment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
0C48, and NGDLC. This charge does not apply for the installation of splitters.
Virtal Softare Upgrade. The Virtual Softare Upgrade charge is applied per base unit when
Verizon, upon CLEC request, installs soare to upgrade equipment for an existing Virtual
Colloction arrangement.
Virtual Card Installation. The Virtual Ca Installation charge is applied per card when Verizon, upon
CLEC request, installs additional cards for an existing Virtual Colloction arrangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Seive Connection CO Wiring. Applied per DTS circuit to the
requesting CLEC for recovery of DTS jlnper material, wiring, service turnp for DSO, DS1, DS3,
and dark fiber circuits.
Dedicated Transit Service (DTS) - Seive Connection Provisioning. Apd per DTS order to the
request CLEC for recovery of circuit design and labor costs associated wi the provisioning of DSO,
DS1, DS3, and dark fiber circuits for DTS.
Triarch 10 Comp v3.3a 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 occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Verizon's cable
vault.
Cable Rack Space-Metallic. The Cable SpaceMetallc charge is applied for each DSO, DS1 and
DS3 cable run. The.charge is designed to recover the space utilzation cost that the CLEC's
metallc and coaxial cable occupies within Verizon. '
Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization
cost that the CLEC's fiber cable occupies within Verizon's cable rack system.
Fiber Optic Patchcord Duct Space. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central offce duct space occupied by the fiber optic patch cord
cable.
DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.
Facility Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facilty termination panel, or fiber distribution paneL.
BITS Timing. The BITS Timing monthly charge is designed to recver 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, ventiation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
Environmental Conditioning. The Environmental Conditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
Triarch 10 comp v3.3a 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 utilzation cost that the CLEC's fibor,
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 facilties. The cost
includes only that which relates directly to the land and building space itself.
Virtual Equipment Maintenance. The Virtal Equipment Maintenance chrge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC4, and NGDLC. This charge does not apply for the maintenance of splitters.
Triarch 10 Comp v3.3a 205
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCQNNECTION
ATTACHMENT
Technical Specifications and Requirements
for
Triarch - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (XX
The following technical specifications and requirements wil apply to Triarch -Verizon Northwest
Inc. Fiber Meet Arrangement (NUMBER) ("FM No. (X"):
1. FM No. (XX wil provide interconnection facilties for the exchange of applicable traffc (as
set forth in the Amendment) between Verzon's (NAME OF TANDEM/END OFFICE) and
Triarch's (NAME OF TANDEM/END OFFICE) in the State of Idaho. A diagram of FM No.
(XX) is included as Exhibit A-1.
2. Fiber Meet Points ("FMPs").
2.1 FM No. (XX) wil be configured as shown on Exhibit A-1. FM No. (XX) will 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 Interfce 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 installng and
maintaining its FNID. The fiber patch panel within Verizon's FNID will serve as
FMP NO.1. Verizon will provide a fiber stub at the fiber patch panel in Verizon's
FNID for Triarch to connect L. strands of its fiber cable L- connectors.
Verizon's FNID wil be locked, but Verizon and Triarch wil have 24 hour access
to their respective side of the fiber patch panel located in Verizon's FNID.
2.3 Triarch 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 Triarch will be a (MANUFACTURER, MODEL). Triarch wil bear
the cost of installing and maintaining its FNIO. The fiber patch panel within
Triarch's FNID will serve as FMP NO.2. Triarch will provide a fiber stub at the
fiber patch panel in Triarch's FNID for Verizon to connect L- strands of its
fiber cable. Triarch's FNID wil be locked, but Triarch and Verizon will have 24
hour access to their respective side of the fiber patch panel located in Triarch's
FNID.
3. Transmission Characteristics.
3.1 FM No. (XX will be built (as a ring configuration).
3.2 The transmission interface for FM No. (XX) wil be (Synchronous Optical Network
("SONET')).
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3.3 Terminating equipment shall comply with (SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11 )).:
3.4 The optical transmitters and receivers shall pro.vide adequate power for the end-
to-end length of the fier cable to be traversed.
3.5 The optical transmission rate wil be (Unidirectional) OC-(XX.
3.6 The path switch protection shall be set as (Non-Revertve).
3.7 Verizon and Triarch shall provide (Primary Reference Source traceable timing).
4. Add Drop Multiplexer.
4.1 Verizon will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Verzon Wil use a (MANUFACTURER, MODEL) Add Drop
Multiplexer with firmware release of (XX) at the network leveL. Before making
any upgrade or change to the firmware of its Add Drop Multiplexer, Verizon must
provide Triarch 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 Triarch wil, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Trirch wil use a (MANUFACTURER, MODEL) Add Drop
Multiplexer with firmware release of (XX) at the network leveL. Before making
any upgrade or chang to the firmware of its Add Drop Multiplexer, Triarch 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 inTriarch's Add Drop Multiplexer.
4.3 Triarch and Verizon wil monitor all firmware upgrades and changes to observe
for any failures or anomalies adversely affecting service or administration. If any
upgrade or change to firmware adversely affects service or administration of FM
No. (XX), the firmware wil be removed from the Add Drop Multiplexer and wil
revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Verizon and
Triarch Add Drop Muliplexers of FM No. (XX).
5. Testing.
5.1 Prior to turn-up of FM No. (XX), Venzon and Triarch wil mutually develop and
implement testing procedures for FM No. (XX)
6. Connecting Facilty Assignment ("CFA") and Slot Assignment Allocation ("SM").
6.1 For one-way and two-ay trunk arrangements, the SM information will be
turned over to Triarch as a final step of turn up of the FM No. (XX).
6.2 For one-way trunk arr.ngements, Verizon will control the CFA for the subtending
facilties and trunks conected to Verizon's slots and Triarch will control the CFA
for the subtending faciliies and trunks connected to Triarch's slots. Triarch will
place facility orders against the first half of the fully configured slots (for example,
slots 1-6 of a fully congured OC12) and Verizon wil place orders against the
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second half of the slots (for example, slots 7-12). If either Part needs the other
Part's additional slot capacity to place orders, this wil be negotiated and
assigned on a case-by-cse basis. For SAA, Verizon and Triarch shall jointly
designate the slot assignments for Verizon's Add Drop Multiplexers and Triarch's
Add Drop Multiplexer in FM No. (XX).
6.3 For two-way trunk arrangements, Triarch shall control the CFA for the subtendin9
facilties and trunks connected to FM No. (XX. Triarch shall place facilty and
trunk orders against the total available SAA capacity of FM No. (XX).
7. Inventory. Provisioning and Maintenance. Surveilance. and RestOttion.
7.1 Verizon and Triarch wil inventory FM No. (XX in their opel"tional support
systems before the order flow begins.
7.2 Verizon and Triarch wil notify each othets respective Maintenance Control
Offce of all troubleshooting and scheduled maintenance activity to be performed
on FM No. (XX) facilties prior to undertaking such work, and wil advise each
other of the trouble reporting and maintenance control pont 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. Triarch wil be responsible for the provisioning and
maintenance of the FM No. (X transport facilties on the Triarch's side of the
FMPs, as well as delivering its applicable traffc to the FMPs. As such, other
than payment of any applicable intercarrier compensation charges pursuant to
the terms of the Agreement, neither Part shall have any obligation to pay the
other Part any charges in connection with FM No. (XX.
7.4 Verizon and Triarch wil provide alarm surveillance for their resective FM No.
(XX) transport facilties. Verizon and Triarch wil notify eachothets respective
maintenance control offce of all troubleshooting and schedule maintenance
activity to be performed on the facilty prior to undertaking suc work, and wil
advise each other of the trouble reporting and maintenance cotrol point contact
numbers and the days and hours of operation.
8. Cancellation or Modification of FM No. (XX),
8.1 Except as otherwise provided in this Section 8, all expenses and costs
associated with the construction, operation, use and maintenance of FM No. (XX)
on each Part's respective side of the FMPs wil be borne by such Part.
8.2 If either Part terminates the construction of the FM No. (XX) before it is used to
exchange traffc, the Part terminating the construction of FM No. (XX wil
compensate the other Part for that Part's reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Part proposes to move or change FM No. (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 forth in this document
must be mutually agreed upon by the Partes in writing.
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TRIARCH MARKETING, INC.VERIZON NORTHWEST INC.
By:
TO BE EXECUTED AT A LATER DATE
Date:
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ExhibitA-l
Triarch - VERIZON NORTHWEST INC.
Fiber Meet Arrangement No. (XX
City, State
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