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HomeMy WebLinkAbout20130304Application.pdfjer
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February 26, 2013
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805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone 972-908-4415
Fax 214-383-2737
Email: kimberlv.adouglass@ftr.com
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Dear Ms. Jewell:
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Attached for filing and approval are one original plus three copies of an interconnection
agreement between Frontier Communications Northwest Inc. and Ednetics, Inc.
Please call me at (972) 908-4415 if you have any questions.
Sincerely,
Y7? awl
Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures -
AGREEMENT FOR
LOCAL INTERCONNECTION
by and between
EDNETICS, INC.
and
FRONTIER COMMUNICATIONS NORTHWEST INC.
FOR THE STATE OF
IDAHO
EDNETICS ID Comp v3.3a_07142010
If
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. Billing and Payment; Disputed Amounts................................................................ 6
10. Confidentiality ............................................................................................................ 7
11 . Counterparts .............................................................................................................. 9
12. Default ........................................................................................................................ 9
13. Discontinuance of Service by EDNETICS ............................................................... 9
14. Dispute Resolution.................................................................................................... 9
15. Force Majeure .......................................................................................................... 10
16. Forecasts.................................................................................................................. 10
17. Fraud ......................................................................................................................... 10
18. Good Faith Performance ........................................................................................ 11
19. Headings .................................................................................................................. 11
20. Indemnification ........................................................................................................ 11
21 . Insurance.................................................................................................................. 13
22. Intellectual Property................................................................................................ 14
23. Joint Work Product ................................................................................................. 15
24. Law Enforcement ..................................................................................................... 15
25. Liability ..................................................................................................................... 15
EDNETICS ID Comp v3.3a_0714201 0
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 EDNETICS Customers.......................................................... 19
33. Predecessor Agreements ....................................................................................... 19
34. Publicity and Use of Trademarks or Service Marks............................................. 19
35. References ............................................................................................................... 20
36. Relationship of the Parties..................................................................................... 20
37. Reservation of Rights ............................................................................................. 21
38. Subcontractors ........................................................................................................ 21
39. Successors and Assigns ........................................................................................ 21
40. Survival ..................................................................................................................... 21
41 . Taxes ........................................................................................................................ 21
42. Technology Upgrades............................................................................................. 24
43. Territory .................................................................................................................... 24
44. Third Party Beneficiaries ........................................................................................ 24
45. [This Section Intentionally Left Blank].................................................................. 24
46. 252(i) Obligations .................................................................................................... 24
47. Use of Service.......................................................................................................... 24
48. Waiver....................................................................................................................... 25
49. Warranties ................................................................................................................ 25
50. Withdrawal of Services ........................................................................................... 25
SIGNATUREPAGE ....................................................................................................................... 26
GLOSSARY................................................................................................................................... 27
1 . General Rule ............................................................................................................ 27
EDNETICS ID Comp v3.3a_071 42010 ii
2. Definitions .27
ADDITIONAL SERVICES ATTACHMENT .................................................................................... 43
1. Alternate Billed Calls .............................................................................................. 43
2. Dialing Parity -Section 251(b)(3)........................................................................... 43
3. [This Section Intentionally Left Blank] .................................................................. 43
4. Directory Listing and Directory Distribution ........................................................ 43
5. Voice Information Service Traffic .......................................................................... 45
6. Intercept and Referral Announcements ................................................................ 46
7. Originating Line Number Screening (OLNS) ........................................................ 46
8. Operations Support Systems (OSS) Services ...................................................... 46
9. Poles, Ducts, Conduits and Rights-of-Way .......................................................... 52
10. Telephone Numbers ................................................................................................ 52
11. Routing for Operator Services and Directory Assistance Traffic ...................... 53
12. Unauthorized Carrier Change Charges ................................................................. 53
13. Good Faith Performance ........................................................................................ 54
INTERCONNECTION ATTACHMENT .......................................................................................... 55
1 . General ..................................................................................................................... 55
2. Points of Interconnection and Trunk Types ......................................................... 55
3. Alternative Interconnection Arrangements .......................................................... 59
4. Initiating Interconnection ....................................................................................... 61
5. Transmission and Routing of Telephone Exchange Service Traffic ................. 62
6. Traffic Measurement and Billing over Interconnection Trunks .......................... 63
7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
Act ............................................................................................................................. 64
8. Other Types of Traffic ............................................................................................. 65
9. Transmission and Routing of Exchange Access Traffic ..................................... 66
10. Meet-Point Billing (MPB) Arrangements ............................................................... 66
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic .................................. 69
EDNETICS ID Comp v3.3a_071 42010 iii
12. Tandem Transit Traffic ............................................................................................ 71
13. Number Resources, Rate Center Areas and Routing Points .............................. 73
14. Joint Network Implementation and Grooming Process; Forecasting ............... 73
15. Number Portability - Section 251(B)(2) ................................................................. 74
16. Good Faith Performance ........................................................................................ 77
TRAFFIC EXCHANGE ATTACHMENT ........................................................................................ 78
1 . General ..................................................................................................................... 78
2. Arrangements With Third Party Tandem Provider ............................................... 78
3. Initiating Traffic Exchange Under This Attachment ............................................. 79
4. Traffic Measurement and Billing ............. ............................................................... 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 Portability - Section 251(B)(2) ................................................................. 84
10. Good Faith Performance ........................................................................................ 86
RESALEATTACHMENT ............................................................................................................... 87
1 . General ..................................................................................................................... 87
2. Use of Frontier Telecommunications Services .................................................... . 87
3. Availability of Frontier 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. Frontier's Provision of Network Elements ............................................................ 95
EDNETICS ID Camp v3.3a07142010 iv
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]................................................................ 118
13. Operations Support Systems ............................................................................... 118
14. Availability of Other Network Elements on an Unbundled Basis ..................... 118
15. Maintenance of Network Elements ...................................................................... 119
16. Combinations, Commingling, and Conversions ................................................ 120
17. Routine Network Modifications ............................................................................ 122
18. Rates and Charges ................................................................................................ 123
19. Good Faith Performance ...................................................................................... 124
COLLOCATION ATTACHMENT ................................................................................................. 125
1. Frontier's Provision of Collocation ..................................................................... 125
911 ATTACHMENT ..................................................................................................................... 172
1. 911/E-911 Arrangements ...................................................................................... 172
2. ALl Database .......................................................................................................... 172
3. 911/E-911 Interconnection .................................................................................... 173
4. 911/E-911 General .................................................................................................. 174
5. Good Faith Performance ...................................................................................... 174
PRICINGATTACHMENT ............................................................................................................ 176
1 . General ................................................................................................................... 176
EDNETICS ID Comp v3.3a_07142010 V
2.Frontier Telecommunications Services Provided to EDNETICS for Resale
Pursuant to the Resale Attachment.....................................................................176
3.EDNETICS Prices ................................................................................................... 178
4.[This Section Intentionally Left Blank] ................................................................ 178
5.Regulatory Review of Prices ................................................................................ 178
APPENDIX A TO THE PRICING ATTACHMENT.......................................................................180
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT ............................................................................................................................209
EDNETCS ID Comp v3.3a_07142010 vi
AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective upon approval of the Idaho Public Utility
Commission (the "Effective Date"), between EDNETICS, INC. ("EDNETICS"), a corporation
organized under the laws of the State of Idaho, with offices at 971 South Clearwater Loop, Suite
1000, Post Falls, Idaho 83854 and Frontier Communications Northwest Inc. ("Frontier"), a
corporation organized under the laws of the state of Washington with offices at 180 South Clinton
Avenue, Rochester, New York 14646 (Frontier and EDNETICS may be referred to hereinafter,
each, individually as a "Party", and, collectively, as the "Parties").
GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, pursuant to Section 252 of the Act, Frontier and EDNETICS hereby agree as follows:
The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Party that has been accepted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Party, shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)" shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Party. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject matter hereof,
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and, as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). In connection with
the foregoing, Frontier expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Frontier and EDNETICS.
EDNETICS ID Comp v3.3a 07142010
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Party.
2.Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
for two (2) years (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 EDNETICS or Frontier may terminate this Agreement effective upon the
expiration of the Initial Term or effective upon any date after expiration of the
Initial Term by providing written notice of termination at least ninety (90) days in
advance of the date of termination.
2.3 If either EDNETICS or Frontier provides notice of termination pursuant to Section
2.2 and on or before the proposed date of termination either EDNETICS or
Frontier 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 EDNETICS and Frontier; or, (b) the date one (1) year after
the proposed date of termination.
2.4 If either EDNETICS or Frontier provides notice of termination pursuant to Section
2.2 and by 11:59 PM Eastern Time on the proposed date of termination neither
EDNETICS nor Frontier has requested negotiation of a new interconnection
agreement, (a) this Agreement will terminate at 11:59 PM Eastern Time on the
proposed date of termination, and (b) the Services being provided under this
Agreement at the time of termination will be terminated, except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(SGAT).
3.Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Interconnection Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
4.Applicable Law
4.1 The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
EDNETICS ID Comp v3.3a 07142010
State of Idaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
4.2 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that
results from requirements of Applicable Law, or acts or failures to act of any
governmental entity or official.
4.4 Each Party shall promptly notify the other Party in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Party's ability to perform its obligations under this Agreement.
4.5 If any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceability shall not invalidate or render
unenforceable any other provision of this Agreement, and this Agreement shall
be construed as if it did not contain such invalid or unenforceable provision;
provided, that if the invalid or unenforceable provision is a material provision of
this Agreement, or the invalidity or unenforceability materially affects the rights or
obligations of a Party hereunder or the ability of a Party to perform any material
provision of this Agreement, the Parties shall promptly renegotiate in good faith
and amend in writing this Agreement in order to make such mutually acceptable
revisions to this Agreement as may be required in order to conform the
Agreement to Applicable Law.
4.6 If any legislative, regulatory, judicial or other governmental decision, order,
determination or action, or any change in Applicable Law, materially affects any
material provision of this Agreement, the rights or obligations of a Party
hereunder, or the ability of a Party to perform any material provision of this
Agreement, the Parties shall promptly renegotiate in good faith and amend in
writing this Agreement in order to make such mutually acceptable revisions to
this Agreement as may be required in order to conform the Agreement to
Applicable Law. If within thirty (30) days of the effective date of such decision,
determination, action or change, the Parties are unable to agree in writing upon
mutually acceptable revisions to this Agreement, either Party may pursue any
remedies available to it under this Agreement, at law, in equity, or otherwise,
including, but not limited to, instituting an appropriate proceeding before the
Commission, the FCC, or a court of competent jurisdiction, without first pursuing
dispute resolution in accordance with Section 14 of this Agreement.
4.6.1 Notwithstanding Section 4.6 above, to the extent Frontier is required
by a change in Applicable Law to provide to EDNETICS a Service that
is not offered under this Agreement to EDNETICS, the terms,
conditions and prices for such Service (including, but not limited to, the
terms and conditions defining the Service and stating when and where
the Service will be available and how it will be used, and terms,
conditions and prices for pre-ordering, ordering, provisioning, repair,
maintenance and billing) shall be as provided in an applicable Frontier
Tariff, or, in the absence of an applicable Frontier Tariff, as mutually
agreed by the Parties in a written amendment to the Agreement that,
upon the request of either Party, the Parties shall negotiate in
accordance with the requirements of Section 252 of the Act. In no
event shall Frontier be required to provide any such Service in the
absence of such a Frontier Tariff or amendment.
EDNETICS ID Camp v3.3a_07142010
4.7 Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order,
determination or action, or any change in Applicable Law, Frontier is not required
by Applicable Law to provide any Service, payment or benefit, otherwise required
to be provided to EDNETICS hereunder, then Frontier may discontinue the
provision of any such Service, payment or benefit, and EDNETICS shall
reimburse Frontier for any payment previously made by Frontier to EDNETICS
that was not required by Applicable Law. Frontier will provide thirty (30) days
prior written notice to EDNETICS of any such discontinuance of a Service, unless
a different notice period or different conditions are specified in this Agreement
(including, but not limited to, in the Networks Element Attachment or an
applicable Tariff) or Applicable Law for termination of such Service in which event
such specified period and/or conditions shall apply. For the avoidance of any
doubt, this Section 4.7 is self-effectuating and no amendment to this Agreement
shall be required to implement it.
5.Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6.Assurance of Payment
6.1 Upon request by Frontier, EDNETICS shall, at any time and from time to time,
provide to Frontier adequate assurance of payment of amounts due (or to
become due) to Frontier hereunder.
6.2 Assurance of payment of charges may be requested by Frontier if EDNETICS (a)
prior to the Effective Date, has failed to timely pay a bill rendered to EDNETICS
by Frontier or its Affiliates, (b) on or after the Effective Date, fails to timely pay a
bill rendered to EDNETICS by Frontier or its Affiliates, (c) in Frontier's reasonable
judgment, at the Effective Date or at any time thereafter, is unable to
demonstrate that it is creditworthy, or (d) admits its inability to pay its debts as
such debts become due, has commenced a voluntary case (or has had a case
commenced against it) under the U.S. Bankruptcy Code or any other law relating
to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment
of debts or the like, has made an assignment for the benefit of creditors or is
subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist
of an unconditional, irrevocable standby letter of credit naming Frontier as the
beneficiary thereof and otherwise in form and substance satisfactory to Frontier
from a financial institution acceptable to Frontier. 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
Frontier, for the Services to be provided by Frontier to EDNETICS in connection
with this Agreement. If EDNETICS meets the condition in subsection 6.2(d)
above or has failed to timely pay two or more bills rendered by Frontier or a
Frontier Affiliate in any twelve (12)-month period, Frontier may, at its option,
demand (and EDNETICS shall provide) additional assurance of payment,
consisting of monthly advanced payments of estimated charges as reasonably
determined by Frontier, with appropriate true-up against actual billed charges no
more frequently than once per Calendar Quarter.
EDNETICS ID Comp v3.3a _07142010 4
6.4 [Intentionally Left Blank].
6.5 [Intentionally Left Blank].
6.6 Frontier may (but is not obligated to) draw on the letter of credit upon notice to
EDNETICS in respect of any amounts to be paid by EDNETICS hereunder that
are not paid within thirty (30) days of the date that payment of such amounts is
required by this Agreement.
6.7 If Frontier draws on the letter of credit, upon request by Frontier, EDNETICS
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 Frontier makes a
request for assurance of payment in accordance with the terms of this Section,
then Frontier shall have no obligation thereafter to perform under this Agreement
until such time as EDNETICS has provided Frontier with such assurance of
payment.
6.9 The fact that a letter of credit is requested by Frontier hereunder shall in no way
relieve EDNETICS from compliance with the requirements of this Agreement
(including, but not limited to, any applicable Tariffs) as to advance payments and
payment for Services, nor constitute a waiver or modification of the terms herein
pertaining to the discontinuance of Services for nonpayment of any amounts
payment of which is required by this Agreement.
7.Audits
7.1 Except as may be otherwise specifically provided in this Agreement, either Party
("Auditing Party") may audit the other Party's ("Audited Party") books, records,
documents, facilities and systems for the purpose of evaluating the accuracy of
the Audited Party's bills. Such audits may be performed once in each Calendar
Year; provided, however, that audits maybe conducted more frequently (but no
more frequently than once in each Calendar Quarter) if the immediately
preceding audit found previously uncorrected net inaccuracies in billing in favor
of the Audited Party having an aggregate value of at least $1,000,000.
7.2 The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party. The accountants shall be reasonably
acceptable to the Audited Party. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Party in a form reasonably
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Party
may require that the audit commence no later than sixty (60) days after the
Auditing Party has given notice of the audit to the Audited Party.
7.3 Each Party shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party's bills.
7.4 Audits shall be performed at the Auditing Party's expense, provided that there -
shall be no charge for reasonable access to the Audited Party's employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party's bills.
8.Authorization
EDNETICS ID Compv3.3a_07142010
8.1 Frontier represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 EDNETICS 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 EDNETICS Certification.
Notwithstanding any other provision of this Agreement, Frontier shall have no
obligation to perform under this Agreement until such time as EDNETICS has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in the State of Idaho. EDNETICS shall
not place any Orders under this Agreement until it has obtained such
authorization. EDNETICS shall provide proof of such authorization to Frontier
upon request.
9. Billing and Payment; Disputed Amounts
9.1 Except as otherwise provided in this Agreement, each Party shall submit to the
other Party on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts billed for
Services provided under this Agreement, whether billed on a monthly basis or as
otherwise provided in this Agreement, shall be due, in immediately available U.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the billing Party's statement; or (b) twenty (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electronic funds transfer.
9.3 If any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties, the billed Party shall give notice to the
billing Party of the amounts it disputes ("Disputed Amounts") and include in such
notice the specific details and reasons for disputing each item. A Party may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Party at any time, either before or after an
amount is paid, and a Party's payment of an amount shall not constitute a waiver
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The billed Party shall pay by the Due Date
all undisputed amounts. Billing disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date, shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.5%) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
9.5 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Party under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
EDNETICS ID Camp v3.3a_071420tO
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due, the billed Party shall not be
entitled to dispute the billing Party's statement(s) based on the billing Party's
failure to submit them in a timely fashion.
10. Confidentiality
10.1 As used in this Section 10, "Confidential Information" means the following
information that is disclosed by one Party ("Disclosing Party") to the other Party
("Receiving Party") in connection with, or anticipation of, this Agreement:
10.1.1 Books, records, documents and other information disclosed in an audit
pursuant to Section 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 ID or
similar service, or LIDB service, or (c) the Customer to whom the
Customer Information is related has authorized the Receiving Party to
use and/or disclose the Customer Information);
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 Party at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential" or "Proprietary".
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential Information pursuant to Sections 10.1.5 or 10.1.6.
10.2 Except as otherwise provided in this Agreement, the Receiving Party shall:
10.2.1 use the Confidential Information received from the Disclosing Party
only in performance of this Agreement; and
10.2.2 using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential Information received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential Information solely to those of the Receiving Party's
Affiliates and the directors, officers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confidential Information in order to
perform the Receiving Party's obligations under this Agreement. The
Receiving Party's Affiliates and the directors, officers, employees,
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates, shall be required by the Receiving Party to comply
EDNETICS ID Comp v3.3a 07142010 7
with the provisions of this Section 10 in the same manner as the
Receiving Party. The Receiving Party shall be liable for any failure of
the Receiving Party's Affiliates or the directors, officers, employees,
Agents or contractors of the Receiving Party or the Receiving Party's
Affiliates, to comply with the provisions of this Section 10.
10.3 The Receiving Party shall return or destroy all Confidential Information received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential Information that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only.
10.4 Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was, at the time of receipt, already in the possession of or known to
the Receiving Party free of any obligation of confidentiality and
restriction on use;
10.4.2 is or becomes publicly available or known through no wrongful act of
the Receiving Party, the Receiving Party's Affiliates, or the directors,
officers, employees, Agents or contractors of the Receiving Party or
the Receiving Party's Affiliates;
10.4.3 is rightfully received from a third person having no direct or indirect
obligation of confidentiality or restriction on use to the Disclosing Party
with respect to such information;
10.4.4 is independently developed by the Receiving Party;
10.4.5 is approved for disclosure or use by written authorization of the
Disclosing Party (including, but not limited to, in this Agreement); or
10.4.6 is required to be disclosed by the Receiving Party pursuant to
Applicable Law, provided that the Receiving Party shall have made
commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Party in order to enable the Disclosing
Party to seek protective arrangements.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Party may use and disclose Confidential Information received from the Disclosing
Party to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law. In making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential Information while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential Information is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.6 The Disclosing Party shall retain all of the Disclosing Party's right, title and
interest in any Confidential Information disclosed by the Disclosing Party to the
Receiving Party. Except as otherwise expressly provided in this Agreement, no
license is granted by this Agreement with respect to any Confidential Information
(including, but not limited to, under any patent, trademark or copyright), nor is
EDNETICS ID Comp v3.3a j07142010
any such license to be implied solely by virtue of the disclosure of Confidential
Information.
10.7 The provisions of this Section 10 shall be in addition to and not in derogation of
any provisions of Applicable Law, including, but not limited to, 47 U.S.C. § 222,
and are not intended to constitute a waiver by a Party of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
11.Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12.Default
If either Party ("Defaulting Party") fails to make a payment required by this Agreement
(including, but not limited to, any payment required by Section 9.3 of undisputed amounts
to the billing Party) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30) days after written notice thereof from
the other Party, the other Party may, by written notice to the Defaulting Party, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
13.Discontinuance of Service by EDNETICS
13.1 If EDNETICS 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, EDNETICS shall send written notice of
such discontinuance to Frontier, the Commission, and each of EDNETICS's
Customers. EDNETICS shall provide such notice such number of days in
advance of discontinuance of its service as shall be required by Applicable Law.
Unless the period for advance notice of discontinuance of service required by
Applicable Law is more than thirty (30) days, to the extent commercially feasible,
EDNETICS shall send such notice at least thirty (30) days prior to its
discontinuance of service.
13.2 Such notice must advise each EDNETICS Customer that unless action is taken
by the EDNETICS Customer to switch to a different carrier prior to EDNETICS's
proposed discontinuance of service, the EDNETICS Customer will be without the
service provided by EDNETICS to the EDNETICS Customer.
13.3 Should a EDNETICS Customer subsequently become a Frontier Customer,
EDNETICS shall provide Frontier with all information necessary for Frontier to
establish service for the EDNETICS Customer, including, but not limited to, the
EDNETICS Customer's billed name, listed name, service address, and billing
address, and the services being provided to the EDNETICS Customer.
13.4 Nothing in this Section 13 shall limit Frontier's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14.Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
EDNETICS ID Comp v3.3a _07142010
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Party must provide to the other Party written notice of the
dispute that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party's representative in the negotiation. The other Party shall have ten
Business Days to designate its own representative in the negotiation. The
Parties' representatives shall meet at least once within 45 days after the date of
the initiating Party's written notice in an attempt to reach a good faith resolution
of the dispute. Upon agreement, the Parties' representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 If the Parties have been unable to resolve the dispute within 45 days of the date
of the initiating Party's written notice, either Party may pursue any remedies
available to it under this Agreement, at law, in equity, or otherwise, including, but
not limited to, instituting an appropriate proceeding before the Commission, the
FCC, or a court of competent jurisdiction.
15.Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which
results from causes beyond its reasonable control ("Force Majeure Events"),
whether or not foreseeable by such Party. Such Force Majeure Events include,
but are not limited to, adverse weather conditions, flood, fire, explosion,
earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil
commotion, act of public enemies, labor unrest (including, but not limited to,
strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain
equipment, parts, software or repairs thereof, acts or omissions of the other
Party, and acts of God.
15.2 If a Force Majeure Event occurs, the non-performing Party shall give prompt
notification of its inability to perform to the other Party. During the period that the
non-performing Party is unable to perform, the other Party shall also be excused
from performance of its obligations to the extent such obligations are reciprocal
to, or depend upon, the performance of the non-performing Party that has been
prevented by the Force Majeure Event. The non-performing Party shall use
commercially reasonable efforts to avoid or remove the cause(s) of its non-
performance and both Parties shall proceed to perform once the cause(s) are
removed or cease.
15.3 Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
16.Forecasts
In addition to any other forecasts required by this Agreement, upon request by Frontier,
EDNETICS shall provide to Frontier forecasts regarding the Services that EDNETICS
expects to purchase from Frontier, including, but not limited to, forecasts regarding the
types and volumes of Services that EDNETICS expects to purchase and the locations
where such Services will be purchased.
17.Fraud
EDNETICS ID Comp v3.3a _07142010 10
EDNETICS assumes responsibility for all fraud associated with its Customers and
accounts. Frontier shall bear no responsibility for, and shall have no obligation to
investigate or make adjustments to EDNETICS's account in cases of, fraud by
EDNETICS's Customers or other third parties.
18.Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. If and, to the extent that, Frontier, prior to the Effective Date of
this Agreement, has not provided in the State of Idaho a Service offered under this
Agreement, Frontier reserves the right to negotiate in good faith with EDNETICS
reasonable terms and conditions (including, without limitation, rates and implementation
timeframes) for such Service; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation timeframes), either
Party may utilize the Agreement's dispute resolution procedures.
19.Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20.Indemnification
20.1 Each Party ("Indemnifying Party') shall indemnify, defend and hold harmless the
other Party ("Indemnified Party'), the Indemnified Party's Affiliates, and the
directors, officers and employees of the Indemnified Party and the Indemnified
Party's Affiliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal property of any person, to the extent such injury, death,
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the Indemnifying Party, the
Indemnifying Party's Affiliates, or the directors, officers, employees, Agents or
contractors (excluding the Indemnified Party) of the Indemnifying Party or the
Indemnifying Party's Affiliates, in connection with this Agreement.
20.2 Indemnification Process.
20.2.1 As used in this Section 20, "Indemnified Person" means a person
whom an Indemnifying Party is obligated to indemnify, defend and/or
hold harmless under Section 20.1.
20.2.2 An Indemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The Indemnified Person: (a) shall give the Indemnifying Party notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the Indemnified Person related to the
Claim and an estimate of the amount thereof); (b) prior to taking any
material action with respect to a Third Party Claim, shall consult with
the Indemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
EDNETICS ID Comp v3.3a _0714201 0 11
consent of the Indemnifying Party; (d) shall permit the Indemnifying
Party to assume the defense of a Third Party Claim (including, except
as provided below, the compromise or settlement thereof) at the
Indemnifying Party's own cost and expense, provided, however, that
the Indemnified Person shall have the right to approve the
Indemnifying Party's choice of legal counsel.
20.2.4 If the Indemnified Person fails to comply with Section 20.2.3 with
respect to a Claim, to the extent such failure shall have a material
adverse effect upon the Indemnifying Party, the Indemnifying Party
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 Party shall have
the authority to defend and settle any Third Party Claim.
20.2.6 With respect to any Third Party Claim, the Indemnified Person shall be
entitled to participate with the Indemnifying Party in the defense of the
Claim if the Claim requests equitable relief or-other relief that could
affect the rights of the Indemnified Person. In so participating, the
Indemnified Person shall be entitled to employ separate counsel for
the defense at the Indemnified Person's expense. The Indemnified
Person shall also be entitled to participate, at its own expense, in the
defense of any Claim, as to any portion of the Claim as to which it is
not entitled to be indemnified, defended and held harmless by the
Indemnifying Party.
20.2.7 In no event shall the Indemnifying Party settle a Third Party Claim or
consent to any judgment with regard to a Third Party Claim without the
prior written consent of the Indemnified Party, which shall not be
unreasonably withheld, conditioned or delayed. In the event the
settlement or judgment requires a contribution from or affects the
rights of an Indemnified Person, the Indemnified Person shall have the
right to refuse such settlement or judgment with respect to itself and,
at its own cost and expense, take over the defense against the Third
Party Claim, provided that in such event the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify or hold
harmless the Indemnified Person against, the Third Party Claim for
any amount in excess of such refused settlement or judgment.
20.2.8 The Indemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
20.2.9 The Indemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Party agrees that it will not impede or bring any action against the other
Party, the other Party's Affiliates, or any of the directors, officers or employees of
the other Party or the other Party's Affiliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Party or the other Party's Affiliate and that arises out of
performance of this Agreement.
EDNETICS ID Compv3.3a_07142010 12
20.4 Each Party's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
21. Insurance
21.1 EDNETICS shall maintain during the term of this Agreement and for a period of
two years thereafter all insurance required to satisfy its obligations under this
Agreement (including, but not limited to, its obligations set forth in Section 20
hereof) and all insurance required by Applicable Law. The insurance shall be
obtained from an insurer having an A.M. Best insurance rating of at least A-,
financial size category VII or greater. At a minimum and without limiting the
foregoing undertaking, EDNETICS shall maintain the following insurance:
21.1.1 Commercial General Liability Insurance, on an occurrence basis,
including but not limited to, premises-operations, broad form property
damage, products/completed operations, contractual liability,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
21.1.2 Commercial Motor Vehicle Liability Insurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
21.1.3 Excess Liability Insurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
21.1.4 Worker's Compensation Insurance as required by Applicable Law and
Employer's Liability Insurance with limits of not less than $2,000,000
per occurrence.
21.1.5 All risk property insurance on a full replacement cost basis for all of
EDNETICS's real and personal property located at any Collocation site
or otherwise located on or in any Frontier premises (whether owned,
leased or otherwise occupied by Frontier), 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 Frontier pursuant to Sections 21.4 and 21.5, and Frontier reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibility of EDNETICS.
21.3 EDNETICS shall name Frontier and Frontier's Affiliates as additional insureds on
the foregoing liability insurance.
21.4 EDNETICS shall, within two (2) weeks of the Effective Date hereof at the time of
each renewal of, or material change in, EDNETICS's insurance policies, and at
such other times as Frontier may reasonably specify, furnish certificates or other
proof of the foregoing insurance reasonably acceptable to Frontier. The
certificates or other proof of the foregoing insurance shall be sent to: Frontier
Communications, Attn: Director Carrier Service, 180 South Clinton Avenue,
Rochester, New York 14646.
21.5 EDNETICS shall require its contractors, if any, that may enter upon the premises
or access the facilities or equipment of Frontier or Frontier's affiliates to maintain
insurance in accordance with Sections 21.1 through 21.3 and, if requested, to
EDNETICS ID Comp v3.3a _07142010 13
furnish Frontier certificates or other adequate proof of such insurance acceptable
to Frontier in accordance with Section 21.4.
21.6 Failure of EDNETICS or EDNETICS's contractors to maintain insurance and
provide certificates of insurance as required in Sections 21.1 through 21.5,
above, shall be deemed a material breach of this Agreement.
21.7 Certificates furnished by EDNETICS or EDNETICS's contractors shall contain a
clause stating: "Frontier Communications Northwest Inc. shall be notified in
writing at least thirty (30) days prior to cancellation of, or any material change in,
the insurance."
22. Intellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual property,
now or hereafter owned, controlled or licensable by either Party. Except as
expressly stated in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4, neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
22.4 EDNETICS agrees that the Services provided by Frontier hereunder shall be
subject to the terms, conditions and restrictions contained in any applicable
agreements (including, but not limited to software or other intellectual property
license agreements) between Frontier and Frontier's vendors. Frontier agrees to
advise EDNETICS, directly or through a third party, of any such terms, conditions
or restrictions that may limit any EDNETICS use of a Service provided by
Frontier that is otherwise permitted by this Agreement. At EDNETICS's written
request, to the extent required by Applicable Law, Frontier will use Frontier's best
efforts, as commercially practicable, to obtain intellectual property rights from
Frontier's vendor to allow EDNETICS to use the Service in the same manner as
Frontier that are coextensive with Frontier's intellectual property rights, on terms
and conditions that are equal in quality to the terms and conditions under which
EDNETICS ID Comp v3.3a _071 42010 14
Frontier has obtained Frontier's intellectual property rights. EDNETICS shall
reimburse Frontier 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.
24.Law Enforcement
24.1 Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement; including, but not limited
to, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilities and equipment, and dialed number recording facilities and equipment.
24.2 A Party shall not have the obligation to inform the other Party or the Customers
of the other Party of actions taken in cooperating with law enforcement or
national security authorities, except to the extent required by Applicable Law.
24.3 Where a law enforcement or national security request relates to the
establishment of lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Party may act to prevent the other Party
from obtaining access to information concerning such lines, services, facilities
and arrangements, through operations support system interfaces.
25.Liability
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 liability, if any, of a Party, a
Party's Affiliates, and the directors, officers and employees of a Party and a
Party's Affiliates, to the other Party, the other Party's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
25.3 Except as otherwise stated in Section 25.5, a Party, a Party's Affiliates, and the
directors, officers and employees of a Party and a Party's Affiliates, shall not be
liable to the other Party, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibility of such damages.
25.4 The limitations and exclusions of liability stated in Sections 25.1 through 25.3
shall apply regardless of the form of a claim or action, whether statutory, in
EDNETICS ID Comp v3.3a _07142010 15
contract, warranty, strict liability, tort (including, but not limited to, negligence of a
Party), or otherwise.
25.5 Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability:
25.5.1 under Sections 20, Indemnification, or 41 ,Taxes.
25.5.2 for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
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 property of any person, or Toxic or Hazardous
Substances, to the extent such damages are otherwise recoverable
under Applicable Law;
25.5.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
25.5.5 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 Party, a Party's Affiliate, or a director, officer or
employee of a Party or a Party's Affiliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liability of the Party or
other person shall be limited to the smaller of the amounts for which such Party
or other person would be liable under this Section or the Tariff provision.
25.7 Each Party shall, in its tariffs and other contracts with its Customers, provide that
in no case shall the other Party, the other Party's Affiliates, or the directors,
officers or employees of the other Party or the other Party's Affiliates, be liable to
such Customers or other third-persons for any special, indirect, incidental,
consequential, reliance, exemplary, punitive or other damages, arising out of a
Service Failure.
26. Network Management
26.1 Cooperation. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. EDNETICS and Frontier will
exchange appropriate information (e.g., network information, maintenance
contact numbers, escalation procedures, and information required to comply with
requirements of law enforcement and national security agencies) to achieve this
desired reliability. In addition, the Parties will work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffic congestion and subject to Section 17, to minimize
fraud associated with third number billed calls, calling card calls, and other
services related to this Agreement.
26.2 Responsibility for Following Standards. Each Party recognizes a responsibility to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service, network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
EDNETICS ID Comp v3.3a 07142010 16
26.3 Interference or Impairment. If a Party ("Impaired Party") reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
("Interfering Party") will or are likely to interfere with or impair the Impaired Party's
provision of services or the operation of the Impaired Party's network or facilities,
the Impaired Party may interrupt or suspend any Service provided to the
Interfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.g., situations involving a risk of
bodily injury to persons or damage to tangible property, or an
interruption in Customer service) or as otherwise provided in this
Agreement, the Impaired Party shall have given the Interfering Party at
least ten (10) days' prior written notice of the interference or
impairment or potential interference or impairment and the need to
correct the condition within said time period; and taken other actions, if
any, required by Applicable Law; and,
26.3.2 Upon correction of the interference or impairment, the Impaired Party
will promptly restore the interrupted or suspended Service. The
Impaired Party shall not be obligated to provide an out-of-service
credit allowance or other compensation to the Interfering Party in
connection with the suspended Service.
26.4 Outage Repair Standard. In the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Frontier's
standard procedures for isolating and clearing the outage or trouble.
27.Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28.Notice of Network Changes
If a Party makes a change in the information necessary for the transmission and routing
of services using that Party's facilities or network, or any other change in its facilities or
network that will materially affect the interoperability of its facilities or network with the
other Party's facilities or network, the Party making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable Law.
29.Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29.1.1 shall be in writing;
29.1.2 shall be delivered (a) personally, (b) by express delivery service with
next Business Day delivery, (c) by first class, certified or registered
U.S. mail, postage prepaid, or (d) by facsimile telecopy, with a copy
delivered in accordance with (a), (b) or (c), preceding; and
EDNETICS ID Comp v3.3a _071 42010 17
29.1.3 shall be delivered to the following addresses of the Parties:
To EDNETICS:
Susan Lamb
Regulatory Compliance
Ednetics, Inc.
971 S. Clearwater Loop, Suite 1000
Post Falls, ID 83854
Telephone: 208-619-2679
Fax: 208-619-4161
Email: susan.lamb@ednetics.com
To Frontier:
Frontier Communication
Attn: Director Carrier Service
180 South Clinton Avenue
Rochester, NY 14646
Telephone: (585) 777-7124
with a copy to:
Frontier Communications
Attn: Legal Department - Interconnection
3 High Ridge Park
Stamford, CT 06905
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, the next Business Day
after the notice is sent, (c) where the notice is sent via First Class U.S. Mail,
three (3) Business Days after mailing, (d) where notice is sent via certified or
registered U.S. mail, the date of receipt shown on the Postal Service receipt, and
(e) where the notice is sent via facsimile telecopy, if the notice is sent on a
Business Day and before 5 PM. in the time zone where it is received, on the date
set forth on the telecopy confirmation, or if the notice is sent on a non-Business
Day or if the notice is sent after 5 PM in the time zone where it is received, the
next Business Day after the date set forth on the telecopy confirmation.
EDNETICS shall notify Frontier, by written notice pursuant to this Section 29, of
any changes in the addresses or other EDNETICS contact information identified
under Section 29.1.3 above.
30. Ordering and Maintenance
EDNETICS shall use Frontier's electronic Operations Support System access platforms
to submit Orders and requests for maintenance and repair of Services, and to engage in
other pre-ordering, ordering, provisioning, maintenance and repair transactions. If
Frontier has not yet deployed an electronic capability for EDNETICS to perform a pre-
ordering, ordering, provisioning, maintenance or repair, transaction offered by Frontier,
EDNETICS shall use such other processes as Frontier 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).
EDNETICS IDCompv3.3a_07142010 18
31.Performance Standards
31.1 Frontier 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 EDNETICS shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
32.Point of Contact for EDNETICS Customers
32.1 EDNETICS shall establish telephone numbers and mailing addresses at which
EDNETICS Customers may communicate with EDNETICS and shall advise
EDNETICS Customers of these telephone numbers and mailing addresses.
32.2 Except as otherwise agreed to by Frontier, Frontier shall have no obligation, and
may decline, to accept a communication from a EDNETICS Customer, including,
but not limited to, a EDNETICS Customer request for repair or maintenance of a
Frontier Service provided to EDNETICS.
33.Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.1.1 Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between the Parties for the State of Idaho pursuant to
Section 252 of the Act and in effect prior to the Effective Date is
hereby amended, extended and restated; and
33.1.2 any Services that were purchased by one Party from the other Party
under a prior interconnection or resale agreement between the Parties
for the State of Idaho pursuant to Section 252 of the Act and in effect
prior to the Effective Date, shall as of the Effective Date be subject to
and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month, and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the Service will be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Party may elect to cancel the
commitment.
33.3 If either Party elects to cancel the commitment pursuant to the proviso in Section
33.2, the Purchasing Party shall not be liable for any termination charge that
would otherwise have applied. However, if the commitment was cancelled by the
Purchasing Party, the Providing Party shall be entitled to payment from the
Purchasing Party of the difference between the price of the Service that was
actually paid by the Purchasing Party under the commitment and the price of the
Service that would have applied if the commitment had been to purchase the
Service only until the time that the commitment was cancelled.
34.Publicity and Use of Trademarks or Service Marks
EDNETICS ID Comp v3.3a _071 42010 19
34.1 A Party, its Affiliates, and their respective contractors and Agents, shall not use
the other Party's trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Party has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
34.2 Neither Party may imply any direct or indirect affiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35.References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Frontier or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36.Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
36.2 Nothing contained in this Agreement shall make either Party the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Party a franchise, distributorship or similar interest.
36.3 Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
36.4 Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business.
EDNETICS ID Camp v3.3a 07142010 20
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37.Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the Services that must be offered)
through changes in Applicable Law; (d) to challenge the lawfulness and propriety
of, and to seek to change, any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission, the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
deemed to limit or prejudice any position a Party has taken or may take before
the Commission, the FCC, any other state or federal regulatory or legislative
bodies, courts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement.
37.2 EDNETICS acknowledges EDNETICS has been advised by Frontier that it is
Frontier's position that this Agreement contains certain provisions which are
intended to reflect Applicable Law and Commission and/or FCC arbitration
decisions.
38.Subcontractors
A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the
Party) to perform the Party's obligations under this Agreement; provided, that a Party's
use of a contractor shall not release the Party from any duty or liability to fulfill the Party's
obligations under this Agreement.
39.Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
40.Survival
The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilities and
obligations of a Party under any provision of this Agreement regarding confidential
information (including but not limited to, Section 10), indemnification or defense
(including, but not limited to, Section 20), or limitation or exclusion of liability (including,
but not limited to, Section 25), and the rights, liabilities and obligations of a Party under
any provision of this Agreement which by its terms or nature is intended to continue
beyond or to be performed after the expiration, cancellation or termination of this
Agreement, shall survive the expiration, cancellation or termination of this Agreement.
41.Taxes
41.1 In General. With respect to any purchase of Services under this Agreement, if
any federal, state or local tax, fee, surcharge or other tax-like charge, excluding
any tax levied on property or net income, (a "Tax") is required or permitted by
Applicable Law or a Tariff to be collected from the Purchasing Party by the
EDNETICS ID Comp v3.3a _07142010 21
Providing Party, then (a) the Providing Party shall bill the Purchasing Party for
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Party
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
41.2 Taxes Imposed on the Providing Party or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Party, and such
Applicable Law permits the Providing Party to exclude certain receipts received
from sales to a public utility, distributor, telephone company, local exchange
carrier, telecommunications company or other communications company
("Telecommunications Company"), such exclusion being based on the fact that
the Purchasing Party is also subject to a tax based upon receipts ("Receipts
Tax"), then the Purchasing Party shall pay and remit the Receipts Tax as
required by Applicable Law.
41.3 Taxes Imposed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscriber") in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, or if any federal, state or local Tax is imposed on the Providing Party
and required by Applicable Law to be passed through to the Subscriber, then the
Purchasing Party (a) shall impose and/or collect such Tax from the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
41.4 Tax Exemptions and Exemption Certificates. If Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Party complies with such procedure, the Providing Party shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 41.7. If Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure, then the Providing Party shall not collect such Tax if the
Purchasing Party (a) furnishes the Providing Party with a letter signed by an
officer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b) supplies the Providing Party
with an indemnification agreement, acceptable to the Providing Party, which
holds the Providing Party harmless on an after-tax basis with respect to its
forbearing to collect such Tax.
41.5 Liability for Uncollected Tax, Interest and Penalty.
41.5.1 If the Providing Party has not received an exemption certificate from
the Purchasing Party and the Providing Party fails to bill the
Purchasing Party for any Tax as required by Section 41.1, then, as
between the Providing Party and the Purchasing Party, (a) the
Purchasing Party shall remain liable for such unbilled Tax and any
interest assessed thereon and (b) the Providing Party shall be liable
for any penalty assessed with respect to such unbilled Tax by a taxing
authority.
41.5.2 If the Providing Party properly bills the Purchasing Party for any Tax
but the Purchasing Party fails to remit such Tax to the Providing Party
as required by Section 41.2, then, as between the Providing Party and
EDNETICS ID Comp v3.3a _07142010 22
the Purchasing Party, the Purchasing Party shall be liable for such
uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
41.5.3 If the Providing Party does not collect any Tax as required by Section
41.1 because the Purchasing Party has provided such Providing Party
with an exemption certificate that is later found to be inadequate,
invalid or inapplicable by a taxing authority, then, as between the
Providing Party and the Purchasing Party, the Purchasing Party shall
be liable for such uncollected Tax and any interest assessed thereon,
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
41.5.4 If the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Party and the
Purchasing Party, (a) the Providing Party shall be liable for any Tax
imposed on its receipts and (b) the Purchasing Party shall be liable for
any interest assessed thereon and any penalty assessed upon the
Providing Party with respect to such Tax by the applicable taxing
authority.
41.5.5 If the Purchasing Party fails to impose and/or collect any Tax from
Subscribers as required by Section 41.3, then, as between the
Providing Party and the Purchasing Party, the Purchasing Party shall
remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. With respect to any
Tax that the Purchasing Party has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Party
agrees to indemnify and hold the Providing Party harmless on an after-
tax basis for any costs incurred by the Providing Party as a result of
actions taken by the applicable taxing authority to recover the Tax
from the Providing Party due to the failure of the Purchasing Party to
timely pay, or collect and timely remit, such Tax to such authority.
41.6 Audit Cooperation. In the event either Party is audited by a taxing authority, the
other Party agrees to cooperate fully with the Party being audited in order to
respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
41.7 Notices. All notices, affidavits, exemption-certificates or other communications
required or permitted to be given by either Party to the other, for purposes of this
Section 41, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
well as to the following:
To Frontier:
Frontier Communications
Tax Department
180 S. Clinton Avenue
Rochester, New York 14646
To EDNETICS:
EDNETICS ID Comp v3.3a 07142010 23
Susan Lamb
Regulatory Compliance
Ednetics, Inc.
971 S. Clearwater Loop, Suite 1000
Post Falls, ID 83854
Telephone: 208-619-2679
Fax: 208-619-4161
Email: susan.lamb@ednetics.com
Each Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42.Technology Upgrades
Notwithstanding any other provision of this Agreement, Frontier shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Frontier, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate EDNETICS's ability to provide service
using certain technologies. Nothing in this Agreement shall limit Frontiers ability to
modify its network through the incorporation of new equipment or software or otherwise.
EDNETICS 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 Frontier operates as an
Incumbent Local Exchange Carrier in the State of Idaho. Frontier shall be
obligated to provide Services under this Agreement only within this territory.
43.2 Notwithstanding any other provision of this Agreement, Frontier may terminate
this Agreement as to a specific operating territory or portion thereof if Frontier
sells or otherwise transfers its operations in such territory or portion thereof to a
third-person. Frontier shall provide EDNETICS with at least 90 calendar days
prior written notice of such termination, which shall be effective upon the date
specified in the notice.
44.Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and nothing herein shall create or be construed
to provide any third-persons (including, but not limited to, Customers or contractors of a
Party) with any rights (including, but not limited to, any third-party beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Party shall have no liability
under this Agreement to the Customers of the other Party or to any other third person.
45.[This Section Intentionally Left Blank]
46.252(i) Obligations
To the extent required by Applicable Law, each Party shall comply with Section 252(i) of
the Act. To the extent that the exercise by EDNETICS of any rights it may have under
Section 252(i) results in the rearrangement of Services by Frontier, EDNETICS shall be
solely liable for all costs associated therewith, as well as for any termination charges
associated with the termination of existing Frontier Services.
47.Use of Service
EDNETICS ID Comp v3.3a_07142010 24
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48.Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49.Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE, OR OTHERWISE.
50.Withdrawal of Services
50.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may terminate its offering and/or provision
of any Service under this Agreement upon thirty (30) days prior written notice to
EDNETICS.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may with thirty (30) days prior written notice
to EDNETICS terminate any provision of this Agreement that provides for the
payment by Frontier to EDNETICS of compensation related to traffic, including,
but not limited to, Reciprocal Compensation and other types of compensation for
termination of traffic delivered by Frontier to EDNETICS. Following such
termination, except as otherwise agreed in writing by the Parties, Frontier shall
be obligated to provide compensation to EDNETICS related to traffic only to the
extent required by Applicable Law. If Frontier exercises its right of termination
under this Section, the Parties shall negotiate in good faith appropriate substitute
provisions for compensation related to traffic; provided, however, that except as
otherwise voluntarily agreed by Frontier in writing in its sole discretion, Frontier
shall be obligated to provide compensation to EDNETICS related to traffic only to
the extent required by Applicable Law. If within thirty (30) days after Frontier's
notice of termination the Parties are unable to agree in writing upon mutually
acceptable substitute provisions for compensation relàtédto traffic, either Party
may submit their disagreement to dispute resolution in accordance with Section
14 of this Agreement.
EDNETICS ID Comp v3.3a _07142010 25
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
**EDNETICS INC FRONTIER COMMUNICATIONS NORTHWEST
By:
Printed: ()Shawn Swanby Printed: Stephen Levan
Title: President Title: SVP Carrier Sales and Service
Date: January 31, 2013 Date:
EDNETCS ID Comp 0.3a _07142010 26
GLOSSARY
1.General Rule
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall" and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
2.Definitions
2.1 Act.
The Communications Act of 1934 (47 U.S.C. §151 et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
2.2 Advanced Services.
As a general matter, shall have the meaning set forth by the FCC.
2.3 Affiliate.
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 ALl (Automatic Location Identification) Database.
The emergency services (E-91 1) database controlled by Frontier containing
EDNETICS ID Comp v3.3a _07142010 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ("NENA") ID, Call Back Number, and other
carrier information used to process caller location records.
2.7 Ancillary Traffic.
All traffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: directory assistance,
91 1/E-91 1, operator services (IntraLATA call completion), lntraLATA third party,
collect and calling card, 800/888 database query and LIDB.
2.8 ANI (Automatic Number Identification).
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
2.9 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party's performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term Applicable Law means
the Federal Unbundling Rules.
2.10 ASR (Access Service Request).
An industry standard form, which contains data elements and usage rules used
by the Parties to add, establish, change or disconnect services or trunks for the
purposes of interconnection.
2.11 ATIS.
The Alliance for Telecommunications Industry Solutions.
2.12 BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party's request that the other Party provide a
UNE that it is not otherwise required to provide under the terms of this
Agreement.
2.13 Business Day.
Monday through Friday, except for holidays observed by Frontier.
2.14 Calendar Quarter.
January through March, April through June, July through September, or October
through December.
2.15 Calendar Year.
January through December.
2.16 [Intentionally Left Blank].
2.17 Call Back Number.
EDNETICS ID Comp v3.3a_07142010 28
A telephone number that can be used by the PSAP to re-contact the location
from which a 91 1/E-911 Call was placed. The telephone number may or may not
be the telephone number of the station used to originate the 911 /E-91 1 Call.
2.18 CCS (Common Channel Signaling).
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the call.
2.19 Central Office.
An End Office or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
2.20 [Intentionally Left Blank].
2.21 Claims.
Any and all claims, demands, suits, actions, settlements, judgments, fines,
penalties, liabilities, injuries, damages, losses, costs (including, but not limited to,
court costs), and expenses (including, but not limited to, reasonable attorney's
fees).
2.22 CLEC (Competitive Local Exchange Carrier).
Any Local Exchange Carrier other than Frontier that is operating as a Local
Exchange Carrier in the territory in which Frontier operates as an ILEC in the
State of Idaho. EDNETICS is or shortly will become a CLEC.
2.23 CLLI Codes.
Common Language Location Identifier Codes.
2.24 CMDS (Centralized Message Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billing System
(CABS) records.
2.25 Commission.
Idaho Public Utilities Commission.
2.26 Controlling 911 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 911 /E-91 1 services, operations and systems within a defined
jurisdiction.
2.27 CPN (Calling Party Number).
A CCS parameter that identifies the calling party's telephone number.
2.28 CPNI (Customer Proprietary Network Information)
EDNETCS ID Comp v3.3a_07142010 29
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. § 222.
2.29 Cross Connection.
For a collocation arrangement, the facilities between the collocating Party's
equipment and the equipment or facilities of the housing Party (such as the
housing Party's digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.30 Customer.
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.31 Dark Fiber Loop.
Consists of fiber optic strand(s) in a Frontier fiber optic cable between Frontier's
accessible terminal, such as the fiber distribution frame, or its functional
equivalent, located within a Frontier End Office, and Frontier's accessible
terminal located in Frontier's main termination point at a Customer premises,
such as a fiber patch panel, and that Frontier has not activated through
connection to electronics that "light" it and render it capable of carrying
Telecommunications Services.
2.32 Dark Fiber Transport.
An optical transmission facility, within a LATA, that Frontier has not activated by
attaching multiplexing, aggregation or other electronics, between Frontier
switches (as identified in the LERG) or UNE Wire Centers.
2.33 Dedicated Transport.
A DSO-, DS1 -, or DS3-capacity transmission facility between Frontier switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffice facilities ("IOF"). Dedicated Transport does not include
any facility that does not connect a pair of Frontier UNE Wire Centers.
2.34 Default PSAP.
The PSAP designated by the Controlling 911 Authority to receive a 91 1/E-911
Call when it is not feasible to route that 911 /E-91 1 Call to the Designated PSAP.
2.35 Designated PSAP.
The primary PSAP designated by the Controlling 911 Authority to receive a
91 1/E-91 1 Call based upon the geographic location of the end user.
2.36 Digital Signal Level.
One of several transmission rates in the time-division multiplex hierarchy.
2.37 Discontinued Facility.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Frontier to provide on an unbundled basis to EDNETICS, whether
because the facility was never subject to an unbundling requirement under the
EDNETICS ID Camp v3.3a_07142010 30
Federal Unbundling Rules, because the facility by operation of law has ceased or
ceases to be subject to an unbundling requirement under the Federal Unbundling
Rules, or otherwise.
2.38 DSO (Digital Signal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
2.39 DS1 (Digital Signal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.40 DS1 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
2.41 DS3 (Digital Signal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.42 DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
2.43 DS3 Loop.
A digital transmission channel, between the main distribution frame (or its
equivalent) in an end user's serving LINE Wire Center and the demarcation point
at the end user customer's premises, suitable for the transport of isochronous
bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier 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 billable, non-
billable, sample, settlement and study data. Data is provided between
companies via a unique record layout that contains Customer billing information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Office.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
2.46 [Intentionally Left Blank].
2.47 Exchange Access.
Shall have the meaning set forth in the Act.
2.48 Extended Local Calling Scope Arrangement.
EDNETICS ID Comp v3.3a _07142010 31
An arrangement that provides a Customer a local calling scope (Extended Area
Service, "EAS"), outside of the Customer's basic exchange serving area.
Extended Local Calling Scope Arrangements may be either optional or non-
optional. "Optional Extended Local Calling Scope Arrangement Traffic" is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.49 FCC.
The Federal Communications Commission.
2.50 FCC Internet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, In the
Matter of Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996, Intercarrier Compensation for ISP Bound
Traffic, FCC 01-131, CC Docket Nos. 96-98 and 99-68,16 FCC Rcd 9151
(adopted April 18, 2001) (hereinafter the "April 18, 2001 FCC Internet Order");
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, In the Matter of High-Cost Universal Service Support; Federal-State
Joint Board on Universal Service; Lifeline and Link Up; Universal Service
Contribution Methodology; Numbering Resource Optimization; Implementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified Intercarrier Compensation Regime; Intercarrier
Compensation for ISP-Bound Traffic; IP-Enabled Services, FCC 08-262, CC
Docket Nos. 96-45, 96-98, 99-68, 99-200, 01-92, WC Docket Nos. 03-109, 04-
36, 05-337, 06-122 (adopted November 5, 2008) (hereinafter the "November 5,
2008 FCC Internet Order").
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.52 Federal Unbundling Rules.
Any lawful requirement to provide access to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Frontier by
the FCC pursuant to both 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51. Any
reference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51.
2.53 Feeder.
The fiber optic cable (lit or unlit) or metallic portion of aLoop between a serving
End Office and a remote terminal or feeder/distribution interface.
2.54 FNID (Fiber Network Interlace Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of optical fibers between two separate network providers.
2.55 FTTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
EDNETICS ID Comp v3.3a _07142010 32
from the main distribution frame (or its equivalent) in an end user's serving End
Office to the demarcation point at the end user's customer premises or to a
serving area interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution facilities
extending from such serving area interface are not more than 500 feet from the
demarcation point at the respective end users' customer premises; provided,
however, that in the case of predominantly residential multiple dwelling units
(MDU5), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its equivalent) in the
End Office that serves the multiunit premises: (a) to or beyond the multiunit
premises' minimum point of entry (MPOE), as defined in 47 C.F.R. § 68.105; or
(b) to a serving area interface at which the fiber optic cable connects to copper or
coaxial distribution facilities that extend to or beyond the multiunit premises'
MPOE, provided that all copper or coaxial distribution facilities extending from
such serving area interface are not more than 500 feet from the MPOE at the
multiunit premises.
2.56 House and Riser Cable.
A two-wire metallic distribution facility in Frontier's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an "MPOE") and the Rate Demarcation Point for such facility (or NID) if the
NID is located at such Rate Demarcation Point).
2.57 Hybrid Loop.
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP
Loop is not a Hybrid Loop.
2.58 IDLC (Integrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 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 traffic to or from the facilities of a provider of
information services, including a provider of Internet access or Internet
transmission services.
2.61 Inside Wire or Inside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 Interconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End
EDNETCS ID Comp v3.3a_07142010 33
Offices, Tandems and related facilities.
2.63 Internet Traffic.
Any traffic that is transmitted to or returned from the Internet at any point during
the duration of the transmission.
2.64 lnterLATA 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 Interlace-
ISDN (PRI-ISDN) provides for digital transmission of twenty-three (23) 64 kbps
bearer channels and one (1)64kbps data and signaling channel (23B+D).
2.68 IXC (lnterexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, InterLATA or
IntraLATA Telephone Toll Services.
2.69 LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
2.70 LEC (Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.71 LERG (Local Exchange Routing Guide).
A Telcordia Technologies reference containing NPNNXX routing and homing
information.
2.72 LIDB (Line Information Data Base).
Line Information databases which provide, among other things, calling card
validation functionality for telephone line number cards issued by Frontier and
other entities and validation data for collect and third number-billed calls (e.g.,
data for billed number screening).
2.73 [Intentionally Left Blank].
2.74 Line Side.
An End Office connection that provides transmission, switching and optional
features suitable for Customer connection to the public switched network,
EDNETICS IDCompv3.3a_07142010 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 Customers serving End Office, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Customer's premises. The actual transmission facilities used to provide a Loop
may utilize any of several technologies.
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 Office.
Either Party's center responsible for control of the maintenance and repair of a
circuit.
2.78 MDF (Main Distribution Frame).
The primary point at which outside plant facilities terminate within an
Interconnection Wire Center, for interconnection to other Telecommunications
facilities within the Interconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a switching
system.
2.79 Measured Internet Traffic.
Dial-up, switched Internet Traffic originated by a Customer of one Party on that
Party's network at a point in a Frontier local calling area, and delivered to a
Customer or an Internet Service Provider served by the other Party, on that other
Party's network at a point in the same Frontier local calling area. Frontier local
calling areas shall be as defined by Frontier. For the purposes of this definition,
a Frontier local calling area includes a Frontier non-optional Extended Local
Calling Scope Arrangement, but does not include a Frontier optional Extended
Local Calling Scope Arrangement. Calls originated on a 1+ presubscription
basis, or on a casual dialed (1OXXX/101XXXX) basis, are not considered
Measured Internet Traffic. For the avoidance of any doubt, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic) (as defined in the Interconnection
Attachment) does not constitute Measured Internet Traffic.
2.80 MECAB (Multiple Exchange Carrier Access Billing).
A document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of ATIS. The MECAB document, published by ATIS as "ATIS/OBF-
MECAB", as revised from time to time, contains the recommended guidelines for
the billing of an Exchange Access Service provided by two or more LEGs, 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).
EDNETICS ID Comp v3.3a _071 42010 35
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as "ATIS/OBF-MECOD", as revised from time to
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LEGs.
2.82 [Intentionally Left Blank].
2.83 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
2.84 NANP (North American Numbering Plan).
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4 digit line number.
2.85 Network Element.
Shall have the meaning stated in the Act.
2.86 NID (Network Interface Device).
The Frontier provided interface terminating Frontier's Telecommunications
network on the property where the Customer's service is located at a point
determined by Frontier. The NID contains an FCC Part 68 registered jack from
which Inside Wire may be connected to Frontier's network.
2.87 911/E-911 Call(s).
Call(s) made by the EDNETICS end user by dialing the three digit telephone
number "911" to facilitate the reporting of an emergency requiring response by a
public safety agency.
2.88 91 1/E-911 Service Provider.
An entity authorized to provide 91 1/E-911 network and database services within
a particular jurisdiction.
2.89 Non-Revertive.
Where traffic is redirected to a protection line because of failure of a working line
and the working line is repaired, traffic will remain on the protection line until
there is either manual intervention or a failure of the protection line.
2.90 NPA (Numbering Plan Area).
Also sometimes referred to as an area code, is the first three-digit indicator of
each 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
EDNETICS ID Comp v3.3a _07142010 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 Office Code or CO Code.
The three-digit switch entity indicator (i.e. the first three digits of a seven-digit
telephone number).
2.92 Order.
An order or application to provide, change or terminate a Service (including, but
not limited to, a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
2.93 Originating Switched Access Detail Usage Data.
A category 1 101X record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.94 P01 (Point of Interconnection).
The physical location where the Parties' respective facilities physically
interconnect for the purpose of mutually exchanging their traffic. As set forth in
the Interconnection Attachment, a Point of Interconnection shall be at (i) a
technically feasible point on Frontier's network in a LATA and/or (ii) a fiber meet
point to which the Parties mutually agree under the terms of this Agreement. By
way of example, a technically feasible Point of Interconnection on Frontier's
network in a LATA would include an applicable Frontier Tandem Interconnection
Wire Center or Frontier End Office Interconnection Wire Center but,
notwithstanding any other provision of this Agreement or otherwise, would not
include a EDNETICS Interconnection Wire Center, EDNETICS switch or any
portion of a transport facility provided by Frontier to EDNETICS or another party
between (x) a Frontier Interconnection Wire Center or switch and (y) the
Interconnection Wire Center or switch of EDNETICS or another party.
2.95 Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
2.96 Principal Document.
This document, including, but not limited to, the Title Page, the Table of
Contents, the Preface, the General Terms and Conditions, the signature page,
this Glossary, the Attachments, and the Appendices to the Attachments.
2.97 Providing Party.
A Party offering or providing a Service to the other Party under this Agreement.
2.98 PSAP.
Public Safety Answering Point.
2.99 Purchasing Party.
EDNETICS ID Comp v3.3a _07142010 37
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.100 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules, under this
Agreement or a Frontier UNE Tariff.
2.101 Qualifying Wholesale Services.
Wholesale services obtained from Frontier under a Frontier 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 will
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 billing for distance-
sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Office location,
or a "LEC Consortium Point of Interconnection.
2.104 Rate Demarcation Point.
The physical point in a Frontier provided network facility at which Frontiers
responsibility for maintaining that network facility ends and the Customers
responsibility for maintaining the remainder of the facility begins, as set forth in
this Agreement, Frontier's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
2.105 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251 (b)(5) of the Act,
the FCC Internet Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Party's network and terminating on the other Party's
network (as set forth in Section 7 of the Interconnection Attachment).
2.106 Reciprocal Compensation Traffic.
Telecommunications traffic originated by a Customer of one Party on that Party's
network and terminated to a Customer of the other Party on that other Party's
network, except for Telecommunications traffic that is interstate or intrastate
Exchange Access, Information Access, or exchange services for Exchange
Access or Information Access. The determination of whether
Telecommunications traffic is Exchange Access or Information Access shall be
based upon Frontier's local calling areas as defined by Frontier. Reciprocal
EDNETICS ID Comp v3.3a _07142010 38
Compensation Traffic does not include the following traffic (it being understood
that certain traffic types will fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffic): (1) any Internet Traffic;
(2) traffic that does not originate and terminate within the same Frontier local
calling area as defined by Frontier, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffic,
including, but not limited to, calls originated on a 1+ presubscription basis, or on
a casual dialed (10XXXI101XXXX) basis; (4) Optional Extended Local Calling
Scope Arrangement Traffic; (5) special access, private line, Frame Relay, ATM,
or any other traffic that is not switched by the terminating Party; (6) Tandem
Transit Traffic; (7) Voice Information Service Traffic (as defined in Section 5 of
the Additional Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or
V/FX Traffic) (as defined in the Interconnection Attachment). For the purposes of
this definition, a Frontier local calling area includes a Frontier non-optional
Extended Local Calling Scope Arrangement, but does not include a Frontier
optional Extended Local Calling Scope Arrangement.
2.107 Retail Prices.
The prices at which a Service is provided by Frontier at retail to subscribers who
are not Telecommunications Carriers.
2.108 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound traffic to specified NPA-NXXs. The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located. However, the Routing Point associated with each NPA-NXX need not
be the same as the corresponding Rate Center Point, nor must it be located
within the corresponding Rate Center Area, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
2.109 Service.
Any Interconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facility or arrangement,
offered by a Party under this Agreement.
2.110 [Intentionally Left Blank].
2.111 SS7 (Signaling System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT) and
the American National Standards Institute (ANSI). Frontier and EDNETICS
utilize this out-of-band signaling protocol in relation to their routing and
completion of traffic.
2.112 Subsidiary
A corporation or other person that is controlled by a Party.
2.113 Sub-Loop Distribution Facility.
A two-wire or four-wire metallic distribution facility in Frontier's network between
a Frontier feeder distribution interface ("FDI") and the Rate Demarcation Point for
EDNETICS ID Comp v3.3a _07142010 39
such facility (or NID if the NID is located at such Rate Demarcation Point).
2.114 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffic. Switched Exchange Access Services
include but may not be limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
2.115 Tandem.
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Offices and between
and among End Offices and carriers' aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.
Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
2.116 Tariff.
2.116.1 Any applicable Federal or state tariff of a Party, as amended from time
to time; or
2.116.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Party offers a Service.
The term "Tariff" does not include any Frontier Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.117 Telcordia Technologies.
Telcordia Technologies, Inc., formerly known as Bell Communications Research,
Inc. (Bellcore).
2.118 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.119 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.120 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.121 Terminating Switched Access Detail Usage Data.
A category 1101 XX record as defined in the EMI Telcordia Practice BR-01 0-200-
010.
2.122 Third Party Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
EDNETICS ID Comp v3.3a _071 42010 40
Party, or (c) a fine or penalty imposed by a person who is not a Party.
2.123 Toll Traffic.
Traffic that is originated by a Customer of one Party on that Party's network and
terminates to a Customer of the other Party on that other Party's network and is
not Reciprocal Compensation Traffic, Measured Internet Traffic, or Ancillary
Traffic. Toll Traffic maybe either "IntraLATA Toll Traffic" or "InterLATA Toll
Traffic", depending on whether the originating and terminating points are within
the same LATA.
2.124 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
"Environmental Law" or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.125 Traffic Factor 1.
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured Internet
Traffic) by the total number of minutes of interstate and intrastate traffic.
([Interstate Traffic Total Minutes of Use {excluding Measured Internet Traffic
Total Minutes of Use} -- (Interstate Traffic Total Minutes of Use + Intrastate Traffic
Total Minutes of Use}] x 100). Until the form of a Party's bills is updated to use
the term "Traffic Factor 1", the term 'Traffic Factor 1" may be referred to on the
Party's bills and in billing related communications as "Percent Interstate Usage"
or "PIU".
2.126 Traffic Factor 2.
For traffic exchanged via Interconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured Internet Traffic by the combined total number of minutes of
intrastate traffic and Measured Internet Traffic. ([{Reciprocal Compensation
Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes of Use} +
(Intrastate Traffic Total Minutes of Use + Measured Internet Traffic Total Minutes
of Use}] x 100). Until the form of a Party's bills is updated to use the term 'Traffic
Factor 2", the term "Traffic Factor 2" may be referred to on the Party's bills and in
billing related communications as "Percent Local Usage" or "PLU".
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.
EDNETICS ID Comp v3.3a _071 42010 41
2.128 Trunk Side.
A Central Office Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carrier's network. Trunk side connections offer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2.129 UDLC (Universal Digital Loop Carrier).
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Office and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digital. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.130 UNE Wire Center.
Shall have the same meaning as 'Wire Center" set forth in 47 C.F.R. § 51.5.
2.131 V and H Coordinates Method.
A method of computing airline miles between two points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.132 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms 'DSO or "sub-DSl" may also be used.
2.133 xDSL.
As defined and offered in this Agreement. The small "x" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavor".
EDNETICS ID Camp v3.3a 07142010 42
ADDITIONAL SERVICES ATTACHMENT
Alternate Billed Calls
1.1 The Parties will engage in settlements of intraLATA intrastate alternate-billed
calls collect, calling card, and third-party billed calls) originated or
authorized by their respective Customers in accordance with an arrangement
mutually agreed to by the Parties.
2.Dialing Parity -Section 251 (b)(3)
Each Party shall provide the other Party with nondiscriminatory access to such services
and information as are necessary to allow the other Party to implement local Dialing
Parity in accordance with the requirements of Section 251 (b)(3) of the Act.
3.[This Section Intentionally Left Blank]
4.Directory Listing and Directory Distribution
To the extent required by Applicable Law, Frontier will provide directory services to
EDNETICS. Such services will be provided in accordance with the terms set forth herein.
4.1 Listing Information.
As used herein, "Listing Information" means a EDNETICS Customer's primary
name, address (including city, state and zip code), telephone number(s), the
delivery address and number of directories to be delivered, and, in the case of a
business Customer, the primary business heading under which the business
Customer desires to be placed, and any other information Frontier deems
necessary for the publication and delivery of directories.
4.2 Listing Information Supply.
EDNETICS shall provide to Frontier on a regularly scheduled basis, at no charge,
and in a format required by Frontier or by a mutually agreed upon industry
standard (e.g., Ordering and Billing Forum developed) all Listing Information and
the service address for each EDNETICS Customer whose service address
location falls within the geographic area covered by the relevant Frontier
directory. EDNETICS shall also provide to Frontier on a daily basis: (a)
information showing EDNETICS Customers who have disconnected or
terminated their service with EDNETICS; and (b) delivery information for each
non-listed or non-published EDNETICS Customer to enable Frontier to perform
its directory distribution responsibilities. Frontier shall promptly provide to
EDNETICS (normally within forty-eight (48) hours of receipt by Frontier,
excluding non-business days) a query on any listing that is not acceptable.
4.3 Listing Inclusion and Distribution.
Frontier shall include each EDNETICS 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 Frontier in its sole discretion,
and shall provide initial distribution of such directories to such EDNETICS
Customers in the same manner it provides initial distribution of such directories to
its own Customers. "Primary Listing" means a Customer's primary name,
EDNETICS IDCompv3.3a_07142010 43
address, and telephone number. Listings of EDNETICS's Customers shall be
inter-filed with listings of Frontier's Customers and the Customers of other LECs
included in the Frontier directories. EDNETICS shall pay Frontier's Tariffed
charges for additional, foreign, and other listings products (as documented in
local Tariff) for EDNETICS's Customers.
4.4 Frontier Information.
Upon request by EDNETICS, Frontier shall make available to EDNETICS the
following information to the extent that Frontier provides such information to its
own business offices: a directory list of relevant NXX codes, directory and
Customer Guide close dates, and Yellow Pages headings. Frontier shall also
make available to EDNETICS, on Frontier's Wholesale website (or, at Frontier's
option, in writing) Frontier's directory listings standards and specifications.
4.5 Confidentiality of Listing Information.
Frontier shall accord EDNETICS Listing Information the same level of
confidentiality that Frontier accords its own listing information, and shall use such
Listing Information solely for the purpose of providing directory-related services;
provided, however, that should Frontier elect to do so, it may use or license
EDNETICS Listing Information for directory publishing, direct marketing, or any
other purpose for which Frontier uses or licenses its own listing information, so
long as EDNETICS Customers are not separately identified as such; and
provided further that EDNETICS may identify those of its Customers who request
that their names not be sold for direct marketing purposes and Frontier shall
honor such requests to the same extent that it does for its own Customers.
Frontier shall not be obligated to compensate EDNETICS for Frontier's use or
licensing of EDNETICS Listing Information.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of EDNETICS Customer listings. At EDNETICS's request, Frontier
shall provide EDNETICS with a report of all EDNETICS Customer listings in a
reasonable timeframe prior to the service order close date for the applicable
directory. Frontier shall process any corrections made by EDNETICS with
respect to its listings, provided such corrections are received prior to the close
date of the particular directory.
4.7 Indemnification.
EDNETICS shall adhere to all practices, standards, and ethical requirements
established by Frontier with regard to listings. By providing Frontier with Listing
Information, EDNETICS warrants to Frontier that EDNETICS has the right to
provide such Listing Information to Frontier on behalf of its Customers.
EDNETICS shall make commercially reasonable efforts to ensure that any
business or person to be listed is authorized and has the right (a) to provide the
product or service offered, and (b) to use any personal or corporate name, trade
name, trademark, service mark or language used in the listing. EDNETICS
agrees to release, defend, hold harmless and indemnify Frontier 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 Frontier's publication or dissemination of the Listing Information as
provided by EDNETICS hereunder.
EDNETICS ID Comp v3.3a _07142010 44
4.8 Liability.
Frontier's liability to EDNETICS in the event of a Frontier error in or omission of a
EDNETICS Customer listing shall not exceed the amount actually paid by
EDNETICS to Frontier for such listing. EDNETICS agrees to take all reasonable
steps, including, but not limited to, entering into appropriate contractual
provisions with its Customers, to ensure that its and Frontier's liability to
EDNETICS's Customers in the event of a Frontier error in or omission of a listing
shall be subject to the same limitations of liability applicable between Frontier
and its own Customers as set forth in Frontier's applicable Tariffs.
4.9 Service Information Pages.
Frontier shall include all EDNETICS NXX codes associated with the geographic
areas to which each directory pertains, to the extent it does so for Frontier's own
NXX codes, in any lists of such codes that are contained in the general reference
portion of each directory. EDNETICS's NXX codes shall appear in such lists in
the same manner as Frontier's NXX information. In addition, when EDNETICS is
authorized to, and is offering, local service to Customers located within the
geographic area covered by a specific directory, at EDNETICS's request,
Frontier shall include, at no charge, in the "Customer Guide" or comparable
section of the applicable alphabetical directories, EDNETICS's critical contact
information for EDNETICS's installation, repair and Customer service, as
provided by EDNETICS. Such critical contact information shall appear
alphabetically by local exchange carrier and in accordance with Frontier's
generally applicable policies. EDNETICS shall be responsible for providing the
necessary information to Frontier by the applicable close date for each affected
directory.
4.10 Directory Publication.
Nothing in this Agreement shall require Frontier to publish a directory where it
would not otherwise do so.
4.11 Other Directory Services.
EDNETICS acknowledges that if EDNETICS desires directory services in
addition to those described herein, such additional services must be obtained
under separate agreement with Frontier's directory publishing company.
5. Voice Information Service Traffic
5.1 For purposes of this Section 5, (a) Voice Information Service means a service
that provides [i] recorded voice announcement information or [ii] a vocal
discussion program open to the public, and (b) Voice Information Service Traffic
means intraLATA switched voice traffic, delivered to a Voice Information Service.
Voice Information Service Traffic does not include any form of Internet Traffic.
Voice Information Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces, which traffic shall be subject to separate
arrangements between the Parties. Voice Information Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
Interconnection Attachment.
5.2 If a EDNETICS Customer is served by resold Frontier dial tone line
Telecommunications Service, to the extent reasonably feasible, Frontier will route
Voice Information Service Traffic originating from such Service to the appropriate
EDNETICS ID Comp v3.3a 07142010 45
Voice Information Service connected to Frontier's network unless a feature
blocking such Voice Information Service Traffic has been installed. For such
Voice Information Service Traffic, EDNETICS shall pay to Frontier without
discount any Voice Information Service provider charges billed by Frontier to
EDNETICS. EDNETICS shall pay Frontier such charges in full regardless of
whether or not EDNETICS collects such charges from its Customer.
5.3 EDNETICS shall have the option to route Voice Information Service Traffic that
originates on its own network to the appropriate Voice Information Service
connected to Frontier's network. In the event EDNETICS exercises such option,
EDNETICS will establish, at its own expense, a dedicated trunk group to the
Frontier Voice Information Service serving switch. This trunk group will be
utilized to allow EDNETICS to route Voice Information Service Traffic originated
on its network to Frontier. For such Voice Information Service Traffic, unless
EDNETICS has entered into a written agreement with Frontier under which
EDNETICS will collect from EDNETICS's Customer and remit to Frontier the
Voice Information Service provider's charges, EDNETICS shall pay to Frontier
without discount any Voice Information Service provider charges billed by
Frontier to EDNETICS. EDNETICS shall pay Frontier such charges in full
regardless of whether or not EDNETICS collects such charges from its own
Customer.
6.Intercept and Referral Announcements
6.1 When a Customer changes its service provider from Frontier to EDNETICS, or
from EDNETICS to Frontier, and does not retain its original telephone number,
the Party formerly providing service to such Customer shall provide a referral
announcement ("Referral Announcement") on the abandoned telephone number
which provides the Customer's new number or other appropriate information, to
the extent known to the Party formerly providing service. Notwithstanding the
foregoing, a Party shall not be obligated under this Section to provide a Referral
Announcement if the Customer owes the Party unpaid overdue amounts or the
Customer requests that no Referral Announcement be provided.
6.2 Referral Announcements shall be provided, in the case of business Customers,
for a period of not less than one hundred and twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thirty (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement will be provided by each Party at no charge to the
other Party; provided that the Party formerly providing service may bill the
Customer its standard Tariff charge, if any, for the referral announcement.
7.Originating Line Number Screening (OLNS)
Upon EDNETICS's request, Frontier will update its database used to provide originating
line number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.g., penal
institutions, COCOTS).
8.Operations Support Systems (OSS) Services
EDNETICS ID Comp v3.3a 07142010 46
8.1 Definitions.
The terms listed below shall have the meanings stated below:
8.1.1 Frontier Operations Support Systems: Frontier systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing
8.1.2 Frontier OSS Services: Access to Frontier Operations Support
Systems functions. The term "Frontier OSS Services" includes, but is
not limited to: (a) Frontier's provision of EDNETICS Usage Information
to EDNETICS pursuant to Section 8.3 of this Attachment; and, (b)
"Frontier OSS Information", as defined in Section 8.1.4 of this
Attachment.
8.1.3 Frontier OSS Facilities: Any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by Frontier to provide
Frontier OSS Services to EDNETICS.
8.1.4 Frontier OSS Information: Any information accessed by, or disclosed
or provided to, EDNETICS through or as a part of Frontier OSS
Services. The term "Frontier OSS Information" includes, but is not
limited to: (a) any Customer Information related to a Frontier
Customer or a EDNETICS Customer accessed by, or disclosed or
provided to, EDNETICS through or as a part of Frontier OSS Services;
and, (b) any EDNETICS Usage Information (as defined in Section
8.1.6 of this Attachment) accessed by, or disclosed or provided to,
EDNETICS.
8.1.5 Frontier Retail Telecommunications Service: Any
Telecommunications Service that Frontier provides at retail to
subscribers that are not Telecommunications Carriers. The term
"Frontier Retail Telecommunications Service" does not include any
Exchange Access service (as defined in Section 3(16) of the Act, 47
U.S.C. § 153(1 6)) provided by Frontier.
8.1.6 EDNETICS Usage Information: For a Frontier Retail
Telecommunications Service purchased by EDNETICS pursuant to
the Resale Attachment, the usage information that Frontier would
record if Frontier was furnishing such Frontier Retail
Telecommunications Service to a Frontier end-user retail Customer.
8.1.7 Customer Information: CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase
by a Customer of the services or products of a Party.
8.2 Frontier OSS Services.
8.2.1 Upon request by EDNETICS, Frontier shall provide to EDNETICS
Frontier OSS Services. Such Frontier OSS Services will be provided
in accordance with, but only to the extent required by, Applicable Law.
8.2.2 Subject to the requirements of Applicable Law, Frontier Operations
Support Systems, Frontier Operations Support Systems functions,
Frontier OSS Facilities, Frontier OSS Information, and the Frontier
OSS Services that will be offered by Frontier, shall be as determined
by Frontier. Subject to the requirements of Applicable Law, Frontier
shall have the right to change Frontier Operations Support Systems,
EDNETCS ID Comp v3.3a 07142010 47
Frontier Operations Support Systems functions, Frontier OSS
Facilities, Frontier OSS Information, and the Frontier ass Services,
from time-to-time, without the consent of EDNETICS.
8.2.3 To the extent required by Applicable Law, in providing Frontier OSS
Services to EDNETICS, Frontier will comply with Frontier's applicable
OSS Change Management Guidelines, as such Guidelines are
modified from time-to-time, including, but not limited to, the provisions
of the Guidelines related to furnishing notice of changes in Frontier
OSS Services. Frontier's OSS Change Management Guidelines will
be set out on a Frontier website.
8.3 EDNETICS Usage Information.
8.3.1 Upon request by EDNETICS, Frontier shall provide to EDNETICS
EDNETICS Usage Information. Such EDNETICS Usage Information
will be provided in accordance with, but only to the extent required by,
Applicable Law.
8.3.2 EDNETICS Usage Information will be available to EDNETICS through
Network Data Mover (NDM) or other such media as mutually agreed
by both Parties.
8.3.3 EDNETICS Usage Information will be provided in an ATIS EMI format.
8.3.4 Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
EDNETICS Usage Information will be provided to EDNETICS shall be
determined by Frontier.
8.4 Access to and Use of Frontier OSS Facilities.
8.4.1 Frontier OSS Facilities may be accessed and used by EDNETICS only
to the extent necessary for EDNETICS's access to and use of Frontier
ass Services pursuant to this Agreement.
8.4.2 Frontier OSS Facilities may be accessed and used by EDNETICS only
to provide Telecommunications Services to EDNETICS Customers.
8.4.3 EDNETICS shall restrict access to and use of Frontier OSS Facilities
to EDNETICS. This Section 8 does not grant to EDNETICS any right
or license to grant sublicenses to other persons, or permission to other
persons (except EDNETICS's employees, agents and contractors, in
accordance with Section 8.4.7 of this Attachment), to access or use
Frontier OSS Facilities.
8.4.4 EDNETICS shall not (a) alter, modify or damage the Frontier OSS
Facilities (including, but not limited to, Frontier software), (b) copy,
remove, derive, reverse engineer, or decompile, software from the
Frontier OSS Facilities, or (c) obtain access through Frontier OSS
Facilities to Frontier databases, facilities, equipment, software, or
systems, which are not offered for EDNETICS's use under this Section
8.
8.4.5 EDNETICS shall comply with all practices and procedures established
by Frontier for access to and use of Frontier OSS Facilities (including,
EDNETICS ID Comp v3.3a _07142010 48
but not limited to, Frontier practices and procedures with regard to
security and use of access and user identification codes).
8.4.6 All practices and procedures for access to and use of Frontier OSS
Facilities, and all access and user identification codes for Frontier OSS
Facilities: (a) shall remain the property of Frontier; (b) shall be used
by EDNETICS only in connection with EDNETICS's use of Frontier
OSS Facilities permitted by this Section 8; (c) shall be treated by
EDNETICS as Confidential Information of Frontier pursuant to Section
10 of the General Terms and Conditions; and, (d) shall be destroyed
or returned by EDNETICS to Frontier upon the earlier of request by
Frontier or the expiration or termination of this Agreement.
8.4.7 EDNETICS's employees, agents and contractors may access and use
Frontier OSS Facilities only to the extent necessary for EDNETICS's
access to and use of the Frontier OSS Facilities permitted by this
Agreement. Any access to or use of Frontier OSS Facilities by
EDNETICS'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 Frontier OSS Information.
8.5.1 Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Frontier grants to
EDNETICS a non-exclusive license to use Frontier OSS Information.
8.5.2 All Frontier OSS Information shall at all times remain the property of
Frontier. Except as expressly stated in this Section 8, EDNETICS
shall acquire no rights in or to any Frontier OSS Information.
8.5.3 The provisions of this Section 8.5.3 shall apply to all Frontier OSS
Information, except (a) EDNETICS Usage Information, (b) CPNI of
EDNETICS, and (c) CPNI of a Frontier Customer or a EDNETICS
Customer, to the extent the Customer has authorized EDNETICS to
use the CPNI.
8.5.3.1 Frontier OSS Information may be accessed and used by
EDNETICS only to provide Telecommunications Services to
EDNETICS Customers.
8.5.3.2 EDNETICS shall treat Frontier OSS Information that is
designated by Frontier, through written or electronic notice
(including, but not limited to, through the Frontier OSS
Services), as "Confidential" or "Proprietary" as Confidential
Information of Frontier 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 EDNETICS any right or license to grant
sublicenses to other persons, or permission to other
persons (except EDNETICS's employees, agents or
contractors, in accordance with Section 8.5.3.4 of this
Attachment), to access, use or disclose Frontier OSS
Information.
EDNETICS ID Camp v3.3a_07142010 49
8.5.3.4 EDNETICS's employees, agents and contractors may
access, use and disclose Frontier OSS Information only to
the extent necessary for EDNETICS's access to, and use
and disclosure of, Frontier OSS Information permitted by
this Section 8. Any access to, or use or disclosure of,
Frontier OSS Information by EDNETICS's employees,
agents or contractors, shall be subject to the provisions of
this Agreement, including, but not limited to, Section 10 of
the General Terms and Conditions and Section 8.5.3.2 of
this Attachment.
8.5.3.5 EDNETICS's license to use Frontier OSS Information shall
expire upon the earliest of: (a) the time when the Frontier
OSS Information is no longer needed by EDNETICS to
provide Telecommunications Services to EDNETICS
Customers; (b) termination of the license in accordance with
this Section 8; or (c) expiration or termination of this
Agreement.
8.5.3.6 All Frontier OSS Information received by EDNETICS shall
be destroyed or returned by EDNETICS to Frontier, upon
expiration, suspension or termination of the license to use
such Frontier 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), EDNETICS's access to Frontier OSS Information through
Frontier OSS Services shall terminate upon the expiration or
termination of this Agreement.
8.5.5 Audits.
8.5.5.1 Frontier shall have the right (but not the obligation) to audit
EDNETICS to ascertain whether EDNETICS is complying
with the requirements of Applicable Law and this Agreement
with regard to EDNETICS's access to, and use and
disclosure of, Frontier OSS Information.
8.5.5.2 Without in any way limiting any other rights Frontier may
have under this Agreement or Applicable Law, Frontier shall
have the right (but not the obligation) to monitor
EDNETICS's access to and use of Frontier OSS Information
which is made available by Frontier to EDNETICS pursuant
to this Agreement, to ascertain whether EDNETICS is
complying with the requirements of Applicable Law and this
Agreement, with regard to EDNETICS 's access to, and use
and disclosure of, such Frontier OSS Information. The
foregoing right shall include, but not be limited to, the right
(but not the obligation) to electronically monitor
EDNETICS's access to and use of Frontier OSS Information
which is made available by Frontier to EDNETICS through
Frontier OSS Facilities.
8.5.5.3 Information obtained by Frontier pursuant to this Section
8.5.5 shall be treated by Frontier as Confidential Information
of EDNETICS pursuant to Section 10 of the General Terms
EDNETICS ID Comp v3.3a _07142010 50
and Conditions; provided that, Frontier shall have the right
(but not the obligation) to use and disclose information
obtained by Frontier pursuant to Section 8.5.5 of this
Attachment to enforce Frontier's rights under this
Agreement or Applicable Law.
8.5.6 EDNETICS acknowledges that the Frontier OSS Information, by its
nature, is updated and corrected on a continuous basis by Frontier,
and therefore that Frontier OSS Information is subject to change from
time to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by EDNETICS, or EDNETICS'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
EDNETICS or an employee, agent or contractor of EDNETICS 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 Frontier, then, except as otherwise required by
Applicable Law, Frontier shall have the right, upon notice to
EDNETICS, to suspend the license to use Frontier OSS Information
granted by Section 8.5.1 of this Attachment and/or the provision of
Frontier OSS Services, in whole or in part.
8.6.2 EDNETICS agrees that Frontier would be irreparably injured by a
breach of Sections 8.4 or 8.5 of this Attachment by EDNETICS or the
employees, agents or contractors of EDNETICS, and that Frontier
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 Frontier of any right with regard to protection of the confidentiality of
the information of Frontier or Frontier Customers provided by Applicable Law.
8.8 Cooperation.
EDNETICS, at EDNETICS's expense, shall reasonably cooperate with Frontier in
using Frontier OSS Services. Such cooperation shall include, but not be limited
to, the following:
8.8.1 Upon request by Frontier, EON ETICS shall by no later than the
fifteenth (15th) day of the last month of each Calendar Quarter submit
to Frontier reasonable, good faith estimates of the volume of each type
of OSS transaction that EDNETICS anticipates submitting in each
week of the next Calendar Quarter.
8.8.2 EDNETICS shall reasonably cooperate with Frontier in submitting
orders for Frontier Services and otherwise using the Frontier OSS
EDNETICS ID Comp v3.3a _071 42010 51
Services, in order to avoid exceeding the capacity or capabilities of
such Frontier OSS Services.
8.8.3 EDNETICS shall participate in cooperative testing of Frontier OSS
Services and shall provide assistance to Frontier in identifying and
correcting mistakes, omissions, interruptions, delays, errors, defects,
faults, failures, or other deficiencies, in Frontier OSS Services.
8.9 Frontier Access to Information Related to EDNETICS Customers.
8.9.1 Frontier shall have the right to access, use and disclose information
related to EDNETICS Customers that is in Frontier's possession
(including, but not limited to, in Frontier OSS Facilities) to the extent
such access, use and/or disclosure has been authorized by the
EDNETICS Customer in the manner required by Applicable Law.
8.9.2 Upon request by Frontier, EDNETICS shall negotiate in good faith and
enter into a contract with Frontier, pursuant to which Frontier may
obtain access to EDNETICS's operations support systems (including,
systems for pro-ordering, ordering, provisioning, maintenance and
repair, and billing) and information contained in such systems, to
permit Frontier to obtain information related to EDNETICS Customers
(as authorized by the applicable EDNETICS 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.
Frontier may cancel orders for service which have had no activity within thirty-
one (31) consecutive calendar days after the original service due date.
9.Poles, Ducts, Conduits and Rights-of-Way
9.1 Frontier shall afford EDNETICS non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by Frontier. Such access shall be
provided in accordance with, but only to the extent required by, Applicable Law,
pursuant to Frontier's applicable Tariffs, or, in the absence of an applicable
Frontier Tariff, Frontier's generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually acceptable
agreement to be negotiated by the Parties.
9.2 EDNETICS shall afford Frontier non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by EDNETICS. Such access
shall be provided pursuant to EDNETICS's applicable Tariffs, or, in the absence
of an applicable EDNETICS Tariff, EDNETICS's generally offered form of license
agreement, or, in the absence of such a Tariff and license agreement, a mutually
acceptable agreement to be negotiated by the Parties. The terms, conditions
and prices offered to Frontier by EDNETICS for such access shall be no less
favorable than the terms, conditions and prices offered to EDNETICS by Frontier
for access to poles, ducts, conduits and rights of way owned or controlled by
Frontier.
10.Telephone Numbers
EDNETICS I D Comp v3.3a07142010 52
10.1 This Section applies in connection with EDNETICS Customers served by
Telecommunications Services provided by Frontier to EDNETICS for resale.
10.2 EDNETICS's use of telephone numbers shall be subject to Applicable Law and
the rules of the North American Numbering Council, the North American
Numbering Plan Administrator, the applicable provisions of this Agreement
(including, but not limited to, this Section 10), and Frontier'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
Frontier or EDNETICS who is served by a Frontier Telecommunications Service
("VTS") changes the LEC that serves the Customer using such VTS (including a
change from Frontier to EDNETICS, from EDNETICS to Frontier, or from
EDNETICS to a LEC other than Frontier), after such change, the Customer may
continue to use with such VTS the telephone numbers that were assigned to the
VTS for the use of such Customer by Frontier immediately prior to the change.
10.4 Frontier 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 Frontier switch and the Frontier 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 Frontier to EDNETICS for resale, the type or class of service
subscribed to by the Customer changes.
10.5 If service on a VTS provided by Frontier to EDNETICS under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a EDNETICS switch, the telephone numbers shall be available for
reassignment by Frontier to any person to whom Frontier elects to assign the
telephone numbers, including, but not limited to, Frontier, Frontier Customers,
EDNETICS, or Telecommunications Carriers other than Frontier and EDNETICS.
10.6 EDNETICS may reserve telephone numbers only to the extent Frontier's
Customers may reserve telephone numbers.
11.Routing for Operator Services and Directory Assistance Traffic
For a Frontier Telecommunications Service dial tone line purchased by EDNETICS for
resale pursuant to the Resale Attachment, upon request by EDNETICS, Frontier will
establish an arrangement that will permit EDNETICS to route the EDNETICS Customer's
calls for operator and directory assistance services to a provider of operator and directory
assistance services selected by EDNETICS. Frontier will provide this routing
arrangement in accordance with, but only to the extent required by, Applicable Law.
Frontier will provide this routing arrangement pursuant to an appropriate written request
submitted by EDNETICS and a mutually agreed-upon schedule. This routing
arrangement will be implemented at EDNETICS's expense, with charges determined on
an individual case basis. In addition to charges for initially establishing the routing
arrangement, EDNETICS will be responsible for ongoing monthly and/or usage charges
for the routing arrangement. EDNETICS shall arrange, at its own expense, the trunking
and other facilities required to transport traffic to EDNETICS's selected provider of
operator and directory assistance services.
12.Unauthorized Carrier Change Charges
In the event either Party requests that the other Party install, provide, change, or
terminate a Customer's Telecommunications Service (including, but not limited to, a
EDNETICS ID Comp v3.3a 07142010 53
Customer's selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision, selection,
change or termination in accordance with Applicable Laws, the requesting Party shall be
liable to the other Party for all charges that would be applicable to the Customer for the
initial change in the Customer's Telecommunications Service and any charges for
restoring the Customer's Telecommunications Service to its Customer-authorized
condition (all such charges together, the "Carrier Change Charges"), including to the
appropriate primary Telephone Exchange Service provider. Such Carrier Change
Charges may be assessed on the requesting Party by the other Party at any time after
the Customer is restored to its Customer-authorized condition.
13. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with EDNETICS reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
EDNETICS ID Comp v3.3a_07142010 54
INTERCONNECTION ATTACHMENT
1.General
Each Party shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (I) any technically feasible
Point(s) of Interconnection on Frontier'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 Frontier's network in a LATA would
include an applicable Frontier Tandem Interconnection Wire Center or Frontier End Office
Interconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a EDNETICS Interconnection Wire Center, EDNETICS
switch or any portion of a transport facility provided by Frontier to EDNETICS or another
party between (x) a Frontier Interconnection Wire Center or switch and (y) the
Interconnection Wire Center or switch of EDNETICS or another party. For brevity's sake,
the foregoing examples of locations that, respectively, are and are not "on Frontier's
network" shall apply (and are hereby incorporated by reference) each time the term "on
Frontier's network" is used in this Agreement.
2.Points of Interconnection and Trunk Types
2.1 Point(s) of Interconnection.
2.1.1 Each Party, at its own expense, shall provide transport facilities to the
technically feasible Point(s) of Interconnection on Frontier's network in
a LATA selected by EDNETICS.
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 Traffic, translated LEC IntraLATA
toll free service access code (e.g., 800/888/877) traffic, and
IntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffic, and,
Measured Internet Traffic, all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic, including translated
InterLATA toll free service access code (e.g., 800/888/877)
traffic, between EDNETICS Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Frontier 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
traffic congestion and testing; and, (b) untranslated
IntraLATNInterLATA toll free service access code (e.g.
800/888/877) traffic.
EDNETICS ID Compv3.3a_07142010 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., 91 1/E-91 1 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 traffic).
2.2.3 In accordance with the terms of this Agreement, the Parties will deploy
One-Way Interconnection Trunks (trunks with traffic going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way Interconnection Trunks (trunks with traffic going in
both directions).
2.2.4 EDNETICS shall establish, at the technically feasible Point(s) of
Interconnection on Frontier's network in a LATA, separate
Interconnection Trunk group(s) between such P01(s) and each
Frontier Tandem in a LATA with a subtending End Office(s) to which
EDNETICS originates calls for Frontier to terminate.
2.2.5 In the event the volume of traffic between a Frontier End Office and a
technically feasible Point of Interconnection on Frontier's network in a
LATA, which is carried by a Final Tandem Interconnection Trunk
group, exceeds (a) the Centum Call Seconds (Hundred Call Seconds)
busy hour equivalent of one (1) DS1 at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centum Call
Seconds (BHCCS) of use for a single month: (i) if One-Way
Interconnection Trunks are used, the originating Party shall promptly
establish new or augment existing End Office One-Way
Interconnection Trunk groups between the Frontier End Office and the
technically feasible Point of Interconnection on Frontier's network; or,
(ii) if Two-Way Interconnection Trunks are used, EDNETICS shall
promptly submit an ASR to Frontier to establish new or augment
existing End Office Two-Way Interconnection Trunk group(s) between
that Frontier End Office and the technically feasible Point of
Interconnection on Frontier'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 Frontier's network and a Frontier Tandem
will be limited to a maximum of 240 trunks. In the event that the
volume of traffic between a technically feasible Point of
Interconnection on Frontier's network and a Frontier Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, EDNETICS shall promptly submit an ASR to Frontier to
establish new or additional End Office Trunks to insure that the volume
of traffic between the technically feasible Point of Interconnection on
Frontier's network and the Frontier 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 traffic from EDNETICS to Frontier, EDNETICS, at
EDNETICS's own expense, shall:
2.3.1.1 provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of Interconnection on Frontier's
network in a LATA; and/or
EDNETICS ID Comp v3.3a _071420I0 56
2.3.1.2 obtain transport for delivery of the traffic to the technically
feasible Point(s) of Interconnection on Frontier's network in
a LATA (a) from a third party, or, (b) if Frontier offers such
transport pursuant to a Frontier access Tariff, from Frontier.
2.3.2 For each Tandem or End Office One-Way Interconnection Trunk group
for delivery of traffic from EDNETICS to Frontier with a utilization level
of less than sixty percent (60%) for final trunk groups and eighty-five
percent (85%) for high usage trunk groups, unless the Parties agree
otherwise, EDNETICS will promptly submit ASRs to disconnect a
sufficient number of Interconnection Trunks to attain a utilization level
of approximately sixty percent (60%) for all final trunk groups and
eighty-five percent (85%) for all high usage trunk groups. In the event
EDNETICS fails to submit an ASR to disconnect One-Way
Interconnection Trunks as required by this Section, Frontier may
disconnect the excess Interconnection Trunks or bill (and EDNETICS
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 traffic from Frontier to EDNETICS, Frontier, at Frontier's
own expense, shall provide its own facilities for delivery of the traffic to
the technically feasible Point(s) of Interconnection on Frontier'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 traffic between Frontier and EDNETICS, EDNETICS, at
its own expense, shall:
2.4.1.1 provide its own facilities to the technically feasible Point(s)
of Interconnection on Frontier's network in a LATA; and/or
2.4.1.2 obtain transport to the technically feasible Point(s) of
Interconnection on Frontier's network in a LATA (a) from a
third party, or, (b) if Frontier offers such transport pursuant
to a Frontier access Tariff, from Frontier.
2.4.2 Where the Parties use Two-Way Interconnection Trunks for the
exchange of traffic between Frontier and EDNETICS, Frontier, at its
own expense, shall provide its own facilities to the technically feasible
Point(s) of Interconnection on Frontier's network in a LATA.
2.4.3 Prior to establishing any Two-Way Interconnection Trunks, EDNETICS
shall meet with Frontier to conduct a joint planning meeting ("Joint
Planning Meeting"). At that Joint Planning Meeting, each Party shall
provide to the other Party originating Centum Call Seconds (Hundred
Call Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Office and Tandem Two-Way
Interconnection Trunks and the interface specifications at the
technically feasible Point(s) of Interconnection on Frontier's network in
a LATA at which the Parties interconnect for the exchange of traffic.
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
EDNETICS ID Comp v3.3a _07142010 57
conversion process and project intervals for conversion of such One-
Way Interconnection Trunks to Two-Way Interconnection Trunks.
2.4.4 On a semi-annual basis, EDNETICS shall submit a good faith forecast
to Frontier of the number of End Office and Tandem Two-Way
Interconnection Trunks that EDNETICS anticipates Frontier will need
to provide during the ensuing two (2) year period for the exchange of
traffic between EDNETICS and Frontier. EDNETICS's trunk forecasts
shall conform to the Frontier 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 Office 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 utilize B8ZS and Extended Super
Frame (ESF) DS1 facilities, where available.
2.4.7 With respect to End Office Two-Way Interconnection Trunks, both
Parties shall use an economic Centum Call Seconds (Hundred Call
Seconds) equal to five (5). Either Party may disconnect End Office
Two-Way Interconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffic volume experienced.
2.4.8 Two-Way Interconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson B.005 during the average time consistent busy hour.
Two-Way Interconnection Trunk groups that connect to a Frontier local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson B.01 during the average time consistent busy hour.
Frontier and EDNETICS 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 traffic study months.
2.4.10 EDNETICS shall determine and order the-number of Two-Way
Interconnection Trunks that are required to meet the applicable design
blocking objective for all traffic carried on each Two-Way
Interconnection Trunk group. EDNETICS shall order Two-Way
Interconnection Trunks by submitting ASRs to Frontier setting forth the
number of Two-Way Interconnection Trunks to be installed and the
requested installation dates within Frontier's -effective standard
intervals or negotiated intervals, as appropriate. EDNETICS shall
complete ASRs in accordance with OBF Guidelines as in effect from
time to time.
2.4.11 Frontier may (but shall not be obligated to) monitor Two-Way
Interconnection Trunk groups using service results for the applicable
design blocking objective. If Frontier observes blocking in excess of
EDNETICS ID Comp v3.3a _07142010 58
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and EDNETICS has not notified Frontier
that it has corrected such blocking, Frontier may submit to EDNETICS
a Trunk Group Service Request directing EDNETICS to remedy the
blocking. Upon receipt of a Trunk Group Service Request, EDNETICS
will complete an ASR to establish or augment the End Office Two-Way
Interconnection Trunk group(s), or, if mutually agreed, to augment the
Tandem Two-Way Interconnection Trunk group with excessive
blocking and submit the ASR to Frontier within five (5) Business Days.
2.4.12 The Parties will review all Tandem Two-Way Interconnection Trunk
groups that reach a utilization level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
EDNETICS will promptly augment all Tandem Two-Way
Interconnection Trunk groups that reach a utilization level of eighty
percent (80%) by submitting ASRs for additional trunks sufficient to
attain a utilization level of approximately seventy percent (70%),
unless the Parties agree that additional trunking is not required. For
each Tandem Two-Way Interconnection Trunk group with a utilization
level of less than sixty percent (60%), unless the Parties agree
otherwise, EDNETICS will promptly submit ASRs to disconnect a
sufficient number of Interconnection Trunks to attain a utilization level
of approximately sixty percent (60%) for each respective group, unless
the Parties agree that the Two-Way Interconnection Trunks should not
be disconnected. In the event EDNETICS fails to submit an ASR for
Two-Way Interconnection Trunks in conformance with this Section,
Frontier may disconnect the excess Interconnection Trunks or bill (and
EDNETICS shall pay) for the excess Interconnection Trunks at the
applicable Frontier rates.
2.4.13 Because Frontier will not be in control of when and how many Two-
Way Interconnection Trunks are established between its network and
EDNETICS's network, Frontier'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 EDNETICS will route its traffic to Frontier over the End Office and
Tandem Two-Way Interconnection Trunks in accordance with SR-
TAP-0001 91, including but not limited to those standards requiring that
a call from EDNETICS to a Frontier End Office will first be routed to
the End Office Interconnection Trunk group between EDNETICS and
the Frontier End Office.
3. Alternative Interconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
3.1.1 Each Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
exchanging an amount of applicable traffic (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither EDNETICS nor any of EDNETICS's affiliates has an
overdue balance on any bill rendered to EDNETICS or EDNETICS's
EDNETICS ID Comp v3.3a 071 42010 59
affiliates for charges that are not subject to a good faith dispute. Any
such Fiber Meet arrangement shall be subject to the terms of this
Agreement. In addition, the establishment of any Fiber Meet
arrangement is expressly conditioned upon the Parties mutually
agreeing to the technical specifications and requirements for such
Fiber Meet arrangement including, but not limited to, the location of the
Fiber Meet points, routing, equipment (e.g., specifications of Add/Drop
Multiplexers, number of strands of fiber, etc.), software, ordering,
provisioning, maintenance, repair, testing, augment and on any other
technical specifications or requirements necessary to implement the
Fiber Meet arrangement. For each Fiber Meet arrangement the
Parties agree to implement, the Parties will complete and sign a
Technical Specifications and Requirements document, the form of
which is attached hereto as Exhibit A to Section 3 of the
Interconnection Attachment Fiber Meet Arrangement Provisions. Each
such document will be treated as Confidential Information.
3.1.2 The Parties agree to consider the possibility of using existing fiber
cable with spare capacity, where available, to implement any such
request for a Fiber Meet arrangement. If existing fiber cable with
spare capacity is not available, the Parties agree to minimize the
construction and deployment of fiber cable necessary for any Fiber
Meet arrangement to which they agree. Except as otherwise agreed
by the Parties, any and all Fiber Meet points established between the
Parties shall extend no further than three (3) miles from an applicable
Frontier Tandem or End Office and Frontier shall not be required to
construct or deploy more than five hundred (500) feet of fiber cable for
a Fiber Meet arrangement.
3.1.3 A Fiber Meet arrangement established under this Agreement may be
used for the transmission and routing of only the following traffic types
(over the Interconnection Trunks):
3.1.3.1 Reciprocal Compensation Traffic between the Parties'
respective Telephone Exchange Service Customers;
3.1.3.2 Translated LEC lntraLATA toll free service access code
(e.g., 800/888/877) traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.3 IntraLATA Toll Traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffic; and
3.1.3.5 Measured Internet Traffic.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of traffic of the
types set forth in Sections 3.1.3.1 and/or 3.1.3.5, other than the
obligation to pay intercarrier compensation charges pursuant to the
terms of the Agreement, neither Party shall have any obligation to pay
the other Party any charges in connection with any Fiber Meet
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffic of the type set forth in Section
3.1.3.2, the transport and termination of such traffic shall be subject to
EDNETICS ID Comp v3.3a _07142010 60
the rates and charges set forth in the Agreement and applicable
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of traffic
of the type set forth in Section 3.1.3.3, the Party originating such traffic
shall compensate the terminating Party for the transport and
termination of such traffic at the rates and charges set forth in the
Agreement and applicable Tariffs. To the extent that a Fiber Meet
arrangement established under this Agreement is used for the
transmission and routing of traffic of the type set forth in Section
3.1.3.4, Frontier shall charge (and EDNETICS shall pay) Frontier's
applicable rates and charges as set forth in the Agreement and
Frontier's applicable Tariffs, including transport charges to the
terminating Frontier Tandem.
3.1.4 At EDNETICS's written request, a Fiber Meet arrangement established
under this Agreement may be used for the transmission and routing of
the following traffic types over the following trunk types:
3.1.4.1 Operator services traffic from EDNETICS's Telephone
Exchange Service Customers to an operator services
provider over operator services trunks;
3.1.4.2 Directory assistance traffic from EDNETICS's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 911 traffic from EDNETICS's Telephone Exchange Service
Customers to 911/E-91 1 Tandem Office(s)/Selective
Router(s) over 911 trunks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffic,
including translated InterLATA toll free service access code
(e.g., 800/888/877) traffic, between EDNETICS's Telephone
Exchange Service Customers and third-party purchasers of
Switched Exchange Access Service via a Frontier access
Tandem over Access Toll Connecting Trunks.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of any traffic of the
types set forth in this Section 3.1.4 Frontier may bill (and EDNETICS
shall pay) Frontier's applicable Tariff rates and charges. Except as
otherwise agreed in writing by the Parties or as expressly set forth in
Sections 3.1.3 and/or 3.1.4 of this Interconnection Attachment, access
services (switched and unswitched) and unbundled network elements
shall not be provisioned on or accessed through Fiber Meet
arrangements.
3.1.5 EDNETICS will include traffic to be exchanged over Fiber Meet
arrangements in its forecasts provided to Frontier under the
Agreement.
4. Initiating Interconnection
4.1 If EDNETICS determines to offer Telephone Exchange Services and to
interconnect with Frontier in any LATA in which Frontier also offers Telephone
Exchange Services and in which the Parties are not already interconnected
EDNETICS ID Comp v3.3a_07142010 61
pursuant to this Agreement, EDNETICS shall provide written notice to Frontier of
the need to establish Interconnection in such LATA pursuant to this Agreement.
4.2 The notice provided in Section 4.1 of this Attachment shall include (a) the initial
Routing Point(s); (b) the applicable technically feasible Point(s) of
Interconnection on Frontier's network to be established in the relevant LATA in
accordance with this Agreement; (c) EDNETICS's intended Interconnection
activation date; (d) a forecast of EDNETICS's trunking requirements conforming
to Section 14.2 of this Attachment; and (e) such other information as Frontier
shall reasonably request in order to facilitate Interconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated
above. Within ten (10) Business Days of Frontier's receipt of EDNETICS's notice
provided for in Section 4.1 of this Attachment, Frontier and EDNETICS shall
confirm the technically feasible Point of Interconnection on Frontier's network in
the new LATA and the mutually agreed upon Interconnection activation date for
the new LATA.
5. Transmission and Routing of Telephone Exchange Service Traffic
5.1 Scope of Traffic.
Section 5 prescribes parameters for Interconnection Trunks used for
Interconnection pursuant to Sections 2 through 4 of this Attachment.
5.2 Trunk Group Connections and Ordering
5.2.1 For both One-Way and Two-Way Interconnection Trunks, if
EDNETICS wishes to use a technically feasible interface other than a
DS1 or a DS3 facility at the P01, the Parties shall negotiate reasonable
terms and conditions (including, without limitation, rates and
implementation timeframes) for such arrangement; and, if the Parties
cannot agree to such terms and conditions (including, without
limitation, rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
5.2.2 When One-Way or Two-Way Interconnection Trunks are provisioned
using a DS3 interface facility, if EDNETICS orders the multiplexed
DS3 facilities to a Frontier Central Office that is not designated in the
NECA 4 Tariff as the appropriate Intermediate Hub location (i.e., the
Intermediate Hub location in the appropriate Tandem subtending area
based on the LERG), and the provision of such facilities to the subject
Central Office is technically feasible, the Parties shall negotiate in
good faith reasonable terms and conditions (including, without
limitation, rates and implementation timeframes) for such
arrangement; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation
timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
5.2.3 Each Party will identify its Carrier Identification Code, a three or four
digit numeric code obtained from Telcordia, to the other Party when
ordering a trunk group. -
5.2.4 For multi-frequency (MF) signaling each Party will out pulse ten (10)
digits to the other Party, unless the Parties mutually agree otherwise.
EDNETICS ID Comp v3.3a _071 42010 62
5.2.5 Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing EDNETICS traffic to Frontier, the subtending
arrangements between Frontier Tandems and Frontier End Offices shall be the
same as the Tandem/End Office subtending arrangements Frontier maintains for
the routing of its own or other carriers' traffic (i.e., traffic will be routed to the
appropriate Frontier Tandem subtended by the terminating End Office serving
the Frontier Customer). For purposes of routing Frontier traffic to EDNETICS,
the subtending arrangements between EDNETICS Tandems and EDNETICS
End Offices shall be the same as the Tandem/End Office subtending
arrangements that EDNETICS maintains for the routing of its own or other
carriers' traffic.
5.4 Signaling.
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions of this Agreement and any
applicable Tariff.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1 of this
Attachment.
6. Traffic Measurement and Billing over Interconnection Trunks
6.1 For billing purposes, each Party shall pass Calling Party Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
Interconnection Trunks. In addition each party shall pass Charge Number (CN)
unaltered where it is different than CPN.
6.1.1 As used in this Section 6, "Traffic Rate" means the applicable
Reciprocal Compensation Traffic rate, Measured Internet Traffic rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastate/interstate Tandem Transit
Traffic rate, as provided in the Pricing Attachment, an applicable Tariff,
or, for Measured Internet Traffic, the FCC Internet Orders.
6.1.2 If the originating Party passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Party shall bill the originating Party the
Traffic Rate applicable to each relevant minute of traffic for which CPN
is passed. For any remaining (up to 5%) calls without CPN
information, the receiving Party shall bill the originating Party for such
traffic at the Traffic Rate applicable to each relevant minute of traffic, in
direct proportion to the minutes of use of calls passed with CPN
information.
6.1.3 If the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and traffic studies determine the originating Party
EDNETICS ID Comp v3.3a 071 42010 63
combined Reciprocal Compensation Traffic and Toll Traffic on the
same trunk group, the receiving Party shall bill the higher of its
interstate Switched Exchange Access Service rates or its intrastate
Switched Exchange Access Services rates for all traffic that is passed
without CPN.
6.2 At such time as a receiving Party has the capability, on an automated basis, to
use such CPN to classify traffic delivered over Interconnection Trunks by the
other Party by Traffic Rate type (e.g., Reciprocal Compensation Traffic/Measured
Internet Traffic, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate Tandem Transit
Traffic), such receiving Party shall bill the originating Party the Traffic Rate
applicable to each relevant minute of traffic for which CPN is passed. If the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic delivered by the other Party
by Traffic Rate type, the originating Party will supply Traffic Factor 1 and Traffic
Factor 2. The Traffic Factors shall be supplied in writing by the originating Party
within thirty (30) days of the Effective Date and shall be updated in writing by the
originating Party quarterly. Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Each Party
reserves the right to audit all Traffic, up to a maximum of two audits per Calendar
Year, to ensure that rates are being applied appropriately; provided, however,
that either Party shall have the right to conduct additional audit(s) if the preceding
audit disclosed material errors or discrepancies. Each Party agrees to provide
the necessary Traffic data in conjunction with any such audit in a timely manner.
Measured Internet Traffic and Reciprocal Compensation Traffic shall be
exchanged by the parties on a bill and keep basis.
6.3 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
6.4 If and, to the extent that, a EDNETICS Customer receives V/FX Traffic,
EDNETICS shall promptly provide notice thereof to Frontier (such notice to
include, without limitation, the specific telephone number(s) that the Customer
uses for V/FX Traffic, as well as the LATA in which the Customer's station is
actually physically located) and shall not bill Frontier Reciprocal Compensation,
intercarrier compensation or any other charges for calls placed by Frontier's
Customers to such EDNETICS Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the Act
7.1 Reciprocal Compensation.
The Parties shall exchange Reciprocal Compensation Traffic at the technically
feasible Point(s) of Interconnection on Frontier's network in a LATA designated in
accordance with the terms of this Agreement. The Party's will exchange
Reciprocal Compensation Traffic on a bill and keep basis. No additional charges
shall be assessed by the terminating Party for the transport and termination of
such traffic from the technically feasible Point(s) of Interconnection on Frontier's
network in a LATA to its Customer; provided, however, for the avoidance of any
doubt, EDNETICS shall also pay Frontier, at the rates set forth in the Pricing
Attachment, for any multiplexing, cross connects or other collocation related
EDNETICS ID Comp v3.3a _07142010 64
Services that EDNETICS obtains from Frontier. When Toll Traffic is delivered
over the same Interconnection Trunks as Reciprocal Compensation Traffic, any
port, transport or other applicable access charges related to the delivery of Toll
Traffic from the technically feasible Point of Interconnection on Frontier's network
in a LATA to the terminating Party's Customer shall be prorated so as to apply
only to the Toll Traffic. The designation of traffic as Reciprocal Compensation
Traffic for purposes of Reciprocal Compensation shall be based on the actual
originating and terminating points of the complete end-to-end communication.
7.2 Traffic Not Subject to Reciprocal Compensation.
7.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic), Information Access, or exchange
services for Exchange Access or Information Access.
7.2.2 Reciprocal Compensation shall not apply to Internet Traffic.
7.2.3 Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a
casual dialed (1 OXXXI1 01 XXXX) basis.
7.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Scope Arrangement Traffic.
7.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
7.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
7.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
7.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251 (b)(5) of the Act.
7.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (i.e., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a
EDNETICS 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, EDNETICS shall pay, Frontier's originating
access charges for all V/FX Traffic originated by a Frontier Customer,
and EDNETICS shall pay Frontier's terminating access charges for all
V/FX Traffic originated by a EDNETICS Customer.
8. Other Types of Traffic
8.1 [Intentionally Left Blank]
8.2 Interstate and intrastate Exchange Access, Information Access, exchange
services for Exchange Access or Information Access, and Toll Traffic, shall be
governed by the applicable provisions of this Agreement and applicable Tariffs.
8.3 For any traffic originating with a third party carrier and delivered by EDNETICS to
Frontier, EDNETICS shall pay Frontier the same amount that such third party
EDNETICS ID Comp v3.3a _0714201 0 65
carrier would have been obligated to pay Frontier for termination of that traffic at
the location the traffic is delivered to Frontier by EDNETICS.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the.
traffic.
8.5 The Parties may also exchange Internet Traffic at the technically feasible Point(s)
of Interconnection on Frontier's network in a LATA established hereunder for the
exchange of Reciprocal Compensation Traffic. Any intercarrier compensation
that may be due in connection with the Parties' exchange of Internet Traffic shall
be applied at such technically feasible Point of Interconnection on Frontier'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 Traffic.
Section 9 prescribes parameters for certain trunks to be established over the
Interconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between EDNETICS Telephone Exchange
Service Customers and lnterexchange Carriers ("Access Toll Connecting
Trunks"), in any case where EDNETICS elects to have its End Office Switch
subtend a Frontier Tandem. This includes casually-dialed (101 CXXX and
101 XXXX) traffic.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If EDNETICS chooses to subtend a Frontier access Tandem,
EDNETICS's NPNNXX must be assigned by EDNETICS to subtend
the same Frontier access Tandem that a Frontier NPA/NXX serving
the same Rate Center Area subtends as identified in the LERO.
9.2.2 EDNETICS shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it will provide Switched Exchange
Access Services to Interexchange Carriers to enable such
lnterexchange Carriers to originate and terminate traffic to and from
EDNETICS's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office EDNETICS utilizes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Frontier utilizes
to provide Exchange Access in such LATA.
9.2.4 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow EDNETICS's
Customers to connect to or be connected to the interexchange trunks
of any lnterexchange Carrier which is connected to a Frontier access
Tandem.
10.Meet-Point Billing (MPB) Arrangements
10.1 EDNETICS and Frontier will establish MPB arrangements in order to provide a
common transport option to Switched Exchange Access Services customers via
a Frontier access Tandem Switch in accordance with the MPB guidelines
EDNETICS ID Comp v3.3a_07142010 66
contained in the OBF's MECAB and MECOD documents, except as modified
herein, and in Frontier'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 Frontier.
10.2 In each LATA, the Parties shall establish MPB arrangements for the applicable
EDNETICS Routing Point/Frontier Serving Interconnection Wire Center
combinations.
10.3 Interconnection for the MPB arrangement shall occur at each of the Frontier
access Tandems in the LATA, unless otherwise agreed to by the Parties.
10.4 EDNETICS and Frontier will use reasonable efforts, individually and collectively,
to maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association (NECA) Tariff No. 4, or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 In general, there are four alternative MPB arrangements possible, which are:
Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple Tariff, and
Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bill/Single Tariff" or "Multiple Bill/Multiple
Tariff" option, as appropriate, in order to bill an IXC for the portion of the MPB
arrangement provided by that Party. Alternatively, in fOrmer Bell Atlantic service
areas, upon agreement of the Parties, each Party may use the New York State
Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single
Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party's applicable Tariffs, or other
document that contains the terms under which that Party's access services are
offered. For each EDNETICS Routing Point/Frontier Serving Interconnection
Wire Center combination, the MPB billing percentages for transport between the
EDNETICS Routing Point and the Frontier Serving Interconnection Wire Center
shall be calculated in accordance with the formula set forth in Section 10.17 of
this Attachment.
10.7 Each Party shall provide the other Party with the billing name, billing address,
and Carrier Identification Code (CR3) of the IXC, and identification of the Frontier
Interconnection Wire Center serving the IXC in order to comply with the MPB
notification process as outlined in the MECAB document.
10.8 Frontier shall provide EDNETICS with the Terminating Switched Access Detail
Usage Data (EMI category 1 101XX records) recorded at the Frontier 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 EDNETICS shall provide Frontier with the Originating Switched Access Detail
Usage Data (EMI category 1101 XX 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:
EDNETICS ID Comp v3.3a _071 42010 67
To EDNETICS:
Susan Lamb
Regulatory Compliance
Ednetics, Inc.
971 S. Clearwater Loop, Suite 1000
Post Falls, ID 83854
Telephone: 208-619-2679
Fax: 208-619-4161
Email: susan.lamb@ednetics.com
For Frontier:
Frontier Communications
Attention: Access Billing
P.O. Box 92713
Rochester, NY 14692
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
10.11 EDNETICS and Frontier shall coordinate and exchange the billing account
reference (BAR) and billing account cross reference (BACR) numbers or
Operating Company Number ("OCN"), as appropriate, for the MPB arrangements
described in this Section 10. Each Party shall notify the other if the level of billing
or other BAR/BACR elements change, resulting in a new BAR/BACR number, or
if the OCN changes.
10.12 Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirty (30) calendar days of the receipt of the
original data. The other Party shall attempt to correct the error and resubmit the
data within ten (10) Business Days of the notification. In the event the errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data will be considered lost. In the event of a loss of data, whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
10.13 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Seôtlon 7 of the General
Terms and Conditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Party's consent, which consent
shall not be unreasonably withheld.
10.14 Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
10.15 MPB will apply for all traffic bearing the 500, 900, toll free service access code
(e.g. 800/888/877) (to the extent provided by an IXC) or any other non-
geographic NPA which may be designated for such traffic in the future.
EDNETICS ID Comp v3.3a 07142010 68
10.16 In the event EDNETICS determines to offer Telephone Exchange Services in a
LATA in which Frontier operates an access Tandem Switch, Frontier shall permit
and enable EDNETICS to subtend the Frontier access Tandem Switch(es)
designated for the Frontier End Offices in the area where there are located
EDNETICS 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 billing percentages
for each Routing Point/Frontier Serving Interconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a / (a + b) = EDNETICS Billing Percentage
and
b / (a + b) = Frontier Billing Percentage
where:
a = the airline mileage between EDNETICS Routing Point and the
actual point of interconnection for the MPB arrangement; and
b = the airline mileage between the Frontier Serving Interconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
10.18 EDNETICS shall inform Frontier of each LATA in which it intends to offer
Telephone Exchange Services and its calculation of the billing percentages
which should apply for such arrangement. Within ten (10) Business Days of
EDNETICS's delivery of notice to Frontier, Frontier and EDNETICS shall confirm
the Routing Point/Frontier Serving Interconnection Wire Center combination and
billing percentages.
11. Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.g., 800/877/888)("8YY") calls to the other Party. For the purposes of this Section 11,
the terms 'translated and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ("untranslated") to
an 8YY database. Except as otherwise agreed to by the Parties, all EDNETICS
originating "untranslated" 8YY traffic will be routed over a separate One-Way
miscellaneous Trunk group.
11.1 When EDNETICS delivers translated 8YY calls to Frontier to be completed by
11.1.1 anlXC:
11.1.1.1 EDNETICS will provide an appropriate EMI record to
Frontier;
11.1.1.2 EDNETICS will bill the IXC the EDNETICS's applicable
Switched Exchange Access Tariff charges and the
EDNETICS's applicable Tariff query charges; and
11.1.1.3 Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges.
EDNETICS ID Comp v3.3a _071 42010 69
11.1.2 Frontier:
11.1.2.1 EDNETICS will provide an appropriate EMI record to
Frontier; and
11.1.2.2 EDNETICS will bill Frontier the EDNETICS's Switched
Exchange Access Tariff charges and the EDNETICS's
applicable Tariff query charge.
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 EDNETICS will provide an appropriate EMI record to
Frontier and the toll free service access code service
provider;
11.1.3.2 EDNETICS will bill the toll free service access code service
provider the EDNETICSs applicable Switched Exchange
Access Tariff charges and the EDNETICS's applicable Tariff
query charges; and
11.1.3.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges.
11.2 When Frontier performs the query and delivers translated 8YY calls, originated
by Frontier's Customer or another LEG's Customer to EDNETICS to be
completed by
11.2.1 EDNETICS:
11.2.1.1 Frontier will provide an appropriate EMI record to
EDNETIGS; and
11.2.1.2 Frontier will bill EDNETICS Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges.
11.2.2 a toll free service access code service provider in that LATA:
11.2.2.1 Frontier will provide an appropriate EMI record to
EDNETICS and the toll free service access code service
provider;
11.2.2.2 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
11.2.2.3 EDNETICS will bill the toll free service access code service
provider the EDN ETICS's applicable Switched Exchange
Access Tariff charges.
11.3 When EDNETICS delivers untranslated 8YY calls to Frontier to be completed by
11.3.1 an IXC:
11.3.1.1 Frontier will query the call and route the call to the
appropriate IXC;
EDNETICS IDCompv3.3a_07142010 70
11.3.1.2 Frontier will provide an appropriate EMI record to
EDNETICS;
11.3.1.3 Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges; and
11.3.1.4 EDNETICS will bill the IXC EDNETICS's applicable
Switched Exchange Access Tariff charges.
11 .3.2 Frontier:
11.3.2.1 Frontier will query the call and complete the call;
11.3.2.2 Frontier will provide an appropriate EMI record to
EDNETICS;
11.3.2.3 EDNETICS will bill Frontier the EDNETICS's applicable
Switched Exchange Access Tariff charges.
11.3.3 a toll free service access code service provider in that LATA:
11.3.3.1 Frontier will query the call and route the call to the
appropriate toll free service access code service provider;
11.3.3.2 Frontier will provide an appropriate EMI record to
EDNETICS and the toll free service access code service
provider;
11.3.3.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff and Frontier's applicable Tariff query charges; and
11.3.3.4 EDNETICS will bill the toll free service access code service
provider the EDNETICS's applicable Switched Exchange
Access Tariff charges.
11.4 Frontier will not direct untranslated toll free service access code calls to
EDNETICS.
12. Tandem Transit Traffic
12.1 As used in this Section, Tandem Transit Traffic is Telephone Exchange Service
traffic that originates on EDNETICS's network, and is transported through
Frontier's Tandem to the subtending End Office or its equivalent of another
carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service
(CMRS) carrier, or other LEC ("Other Carrier"). Neither the originating nor
terminating customer is a Customer of Frontier. Subtending End Offices shall be
determined in accordance with and as identified in the Local Exchange Routing
Guide (LERG). For the avoidance of any doubt, under no circumstances shall
Frontier be required to transit traffic through a Frontier Tandem to a Central
Office that the LERG does not identify as subtending that particular Frontier
Tandem. Switched Exchange Access Service traffic is not Tandem Transit
Traffic.
12.2 Tandem Transit Traffic Service provides EDNETICS with the transport of
Tandem Transit Traffic as provided below.
EDNETICS ID Comp vS.3a_07142010 71
12.3 Tandem Transit Traffic may be routed over the Interconnection Trunks described
in Sections 2 through 6 of this Attachment. EDNETICS shall deliver each
Tandem Transit Traffic call to Frontier's Tandem with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of CLASS Features and billing functions.
12.4 EDNETICS may use Tandem Transit Traffic Service only for traffic that originates
on EDNETICS's network and only to send traffic to an Other Carrier with whom
EDNETICS has a reciprocal traffic exchange arrangement (either via written
agreement or mutual tariffs) that provides for the Other Carrier, to terminate or
complete traffic originated by EDNETICS and to bill EDNETICS, and not to bill
Frontier, for such traffic. EDNETICS agrees not to use Frontier's Tandem Transit
Traffic Service to send traffic to an Other Carrier with whom EDNETICS does not
have such a reciprocal traffic exchange arrangement or to send traffic that does
not originate on EDNETICS's network.
12.5 EDNETICS shall pay Frontier for Tandem Transit Traffic Service at the rates
specified in the Pricing Attachment. Frontier will not be liable for compensation
to any Other Carrier for any traffic that is transported through Frontier's Tandem
and Frontier reserves the right to assess to EDNETICS any additional charges or
costs any Other Carrier imposes or levies on Frontier for the delivery or
termination of such traffic, including any Switched Exchange Access Service
charges. If Frontier is billed by any Other Carrier for any traffic originated by
EDNETICS, Frontier may provide notice to EDNETICS of such billing. Upon
receipt of such notice, EDNETICS shall immediately stop using Frontier's
Tandem Transit Traffic Service to send any traffic to such Other Carrier until it
has provided to Frontier certification that the Other Carrier has removed such
billed charges from its bill to Frontier and that the Other Carrier will not bill
Frontier for any traffic originated by EDNETICS. Such certification must be
signed by an authorized officer or agent of the Other Carrier and must be in a
form acceptable to Frontier.
12.6 If EDNETICS uses Tandem Transit Traffic Service for traffic volumes that exceed
the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of
200,000 combined minutes of use per month (a DS1 equivalent) to the
subtending End Office of a particular Other Carrier for any month (the "Threshold
Level"). EDNETICS shall use good faith efforts to establish direct
interconnection with such Other Carrier and reduce such traffic volumes below
the Threshold Level. If Frontier believes that EDNETICS has not exercised good
faith efforts promptly to obtain such direct interconnection, either Party may use
the Dispute Resolution processes of this Agreement.
12.7 If EDNETICS fails to comply with Section 12 of this Attachment, such failure shall
be a material breach of a material provision of this Agreement and Frontier may
exercise any and all remedies under this Agreement and Applicable Law for such
breach.
12.8 If or when a third party carrier plans to subtend a EDNETICS switch, then
EDNETICS shall provide written notice to Frontier at least ninety (90) days before
such subtending service arrangement becomes effective so that Frontier may
negotiate and establish direct interconnection with such third party carrier. Upon
written request from Frontier, EDNETICS shall offer to Frontier a service
arrangement equivalent to or the same as Tandem Transit Traffic Service
provided by Frontier to EDNETICS as defined in this Section such that Frontier
may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other
than Frontier, CMRS carrier, or other LEC, that subtends a EDNETICS Central
Office or its equivalent ("Reciprocal Tandem Transit Service"). EDNETICS shall
EDNETICS ID Comp v3.3a _07142010 72
offer such Reciprocal Transit Service arrangements under terms and conditions
of an amendment to this Agreement or a separate agreement no less favorable
than those provided in this Section.
12.9 Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal traffic exchange arrangement with any carrier to which it
originates, or from which it terminates, traffic.
13.Number Resources, Rate Center Areas and Routing Points
13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes ("NXX") pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.2 It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Party's assigned
NXX codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, EDNETICS shall
adopt the Rate Center Area and Rate Center Points that the Commission has
approved for Frontier within the LATA and Tandem serving area. EDNETICS
shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise
ordered by the FCC, the Commission or another governmental entity of
appropriate jurisdiction, or the LEC industry adopts alternative methods of
utilizing NXXs.
13.4 EDNETICS will also designate a Routing Point for each assigned NXX code.
EDNETICS shall designate one location for each Rate Center Area in which the
EDNETICS 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 EDNETICS
will be routed in the same manner as calls to EDNETICS'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 EDNETICS's choices regarding the size of the local calling
area(s) that EDNETICS may establish for its Customers, which local calling
areas may be larger than, smaller than, or identical to Frontier's local calling
areas.
14.Joint Network Implementation and Grooming Process; Forecasting
14.1 Joint Network Implementation and Grooming Process.
Upon request of either Party, the Parties shall jointly develop an implementation
and grooming process (the "Joint Grooming Process" or "Joint Process") which
may define and detail, inter alia:
14.1.1 standards to ensure that Interconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
EDNETICS ID Comp v3.3a _0714201 0 73
on interoffice trunks within Frontier's network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for Interconnection services will be
engineered using a design-blocking objective of B.01.
14.1.2 the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
14.1.3 disaster recovery provision escalations;
14.1.4 additional technically feasible Point(s) of Interconnection on Frontier's
network in a LATA as provided in Section 2 of this Attachment; and
14.1.5 such other matters as the Parties may agree, including, e.g., End
Office to End Office high usage trunks as good engineering practices
may dictate.
14.2 Trunk Forecasting Requirements.
14.2.1 Initial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, EDNETICS shall provide Frontier
a two (2)-year traffic forecast that complies with the Frontier
Interconnection Trunking Forecast Guide, as revised from time to time.
This initial traffic forecast will provide the amount of traffic to be
delivered to and from Frontier over each of the Interconnection Trunk
groups in the LATA over the next eight (8) quarters.
14.2.2 Ongoing Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, EDNETICS shall
provide a new or revised traffic forecast that complies with the Frontier
Interconnection Trunking Forecast Guide when EDNETICS develops
plans or becomes aware of information that will materially affect the
Parties' interconnection in that LATA. Instances that require a new or
revised forecast include, but are not limited to: (a) EDNETICS plans to
deploy a new switch; (b) EDNETICS plans to implement a new P01 or
network architecture; (c) EDNETICS plans to rearrange its network; (d)
EDNETICS plans to convert a One-Way Interconnection Trunk group
to a Two-Way Interconnection Trunk group; (e) EDNETICS plans to
convert a Two-Way Interconnection Trunk group to a One-Way
Interconnection Trunk group; or (f) EDNETICS expects a significant
change in interconnection traffic volume. In addition, upon request by
either Party, the Parties shall meet to: (i) review traffic and usage data
on End Office and Tandem Interconnection Trunk groups and (ii)
determine whether the Parties should establish new Interconnection
Trunk groups, augment existing Interconnection Trunk groups, or
disconnect existing Interconnection Trunks.
14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on EDNETICS or Frontier.
15. Number Portability - Section 251(B)(2)
15.1 Scope.
EDNETICS ID Comp v3.3a _07142010 74
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP ("Local Number Portability").
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
15.2.1 A Customer of one Party ("Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
work together to port the Customer's telephone number(s) from Party
A's network to Party B's network.
15.2.2 When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported number(s) from its Line Information Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B's Customer.
15.2.3 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
15.2.4 When a Customer of Party A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Party A
shall implement the ten-digit trigger feature where it is available.
When Party A receives the porting request, the unconditional trigger
shall be applied to the Customer's line before the due date of the
porting activity. When the ten-digit unconditional trigger is not
available, Party A and Party B must coordinate the disconnect activity.
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 office shall be
defined as portable, except as noted in 15.2.7, and translations will be
changed in the Parties' switches to open those NXXs for database
queries in all applicable LNP capable offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
EDNETICS ID Comp v3.3a _071 42010 75
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 official use, and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass
calling on a choked network may not be ported using LNP technology
but are portable using methods established by the NANC and adopted
by the FCC. On a prospective basis, newly assigned codes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer.
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
15.4.1 If Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a LNP
request to Party A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
15.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offices of the other through the Local Exchange Routing Guide
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offices, as set
forth in this Section 15.4.
15.5 EDNETICS shall submit orders to port numbers electronically using an LSR via
the Frontier web Graphical User Interface ("GUI") or Electronic Data Interface
(EDI") pursuant to the instructions, business rules and guidelines set forth on the
Frontier website (formerly referred to as the Frontier wholesale website).
EDNETICS ID Comp v3.3a _07142010 76
16. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with EDNETICS reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
I •Y
EDNETICS ID Compv3.3a_07142010 77
TRAFFIC EXCHANGE ATTACHMENT
1.General
Where both Parties subtend the same Tandem Switch operated by a third party (such
third party hereinafter referred to as the "Third Party Tandem Provider" and such switch
hereinafter referred to as the "Third Party Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPNNXX codes assigned by each Party to
Rate Center Areas served by that Third Party Tandem Switch, the Parties may
reciprocally exchange Reciprocal Compensation Traffic, Measured Internet Traffic,
intraLAlA Toll Traffic, and translated IntraLATA toll free service access code traffic,
originated by their respective Customers, through that Third Party Tandem Switch. For
the avoidance of any doubt, nothing in this Attachment shall preclude the Parties from
interconnecting their networks in accordance with the Interconnection Attachment, which
Interconnection Attachment must be a part of the Agreement.
2.Arrangements With Third Party Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffic, Measured Internet Traffic, IntraLATA Toll Traffic, and
translated IntraLATA toll free service access code traffic under this Attachment,
each Party must have established and must maintain its own interconnection and
compensation arrangements with the Third Party Tandem Provider for the routing
and exchange of the foregoing traffic between the Parties under this Attachment
(e.g., arrangements that permit the subject traffic to be exchanged through the
Third Party Tandem Provider). In addition, the Parties must also fulfill each of
the other requirements of this Attachment.
2.1.1 If such arrangements between a Party and the Third Party Tandem
Provider are terminated (e.g., where a Third Party Tandem Provider
does not permit a Party to exchange the foregoing traffic using the
Third Party Tandem Switch), that Party shall promptly give written
notice thereof to the other Party. Absent the existence of such
arrangements with the Third Party Tandem Provider, each Party shall
have the right, on written notice to the other Party, to discontinue
exchanging the foregoing traffic with the other Party (i.e., receiving
such traffic from or, sending such traffic to, the other Party) under this
Attachment.
2.1.2 Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Party may discontinue
exchanging the foregoing traffic with the other Party under this
Attachment.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, EDNETICS shall
provide Frontier a two (2)-year traffic forecast. This initial forecast will
provide the amount of traffic to be delivered to and from Frontier
pursuant to this Attachment, over the next eight (8) quarters.
2.2.2 Ongoing forecast requirements. Where the Parties are already
exchanging traffic through a Third Party Tandem Switch in a LATA,
EDNETICS shall provide a new or revised traffic forecast when
EDNETICS develops plans or becomes aware of information that will
EDNETICS ID Comp v3.3a_07142010 78
materially affect the Parties' exchange of traffic through such Third
Party Tandem Switch in that LATA. Instances that require a new or
revised forecast include, but are not limited to: (i) EDNETICS plans to
deploy a new switch; (ii) EDNETICS plans to implement
interconnection in accordance with the Interconnection Attachment or
a new network architecture; (iii) EDNETICS plans to rearrange its
network; or (iv) EDNETICS expects a significant change in traffic
volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on EDNETICSor Frontier.
2.3 Prior to exchanging traffic through a Third Party Tandem Switch, EDNETICS
shall meet with Frontier to conduct a joint planning meeting ("Third Party Tandem
Provider Joint Planning Meeting"). At that Third Party Tandem Provider Joint
Planning Meeting, each Party shall, among other things, provide to the other
Party originating Centum Call Second (Hundred Call Second) information.
2.4 If and, when, the volume of traffic exchanged between a Frontier End Office and
EDNETICS switch through a Third Party Tandem Switch exceeds (a) the Centum
Call Second (Hundred Call Second) busy hour equivalent of one (1) DS-1 at any
time; (b) 200,000 combined minutes of use for any month; (c) 600 busy hour
Centum Call Seconds (BHCCS) of use for a single month, upon the written
request of either Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the Interconnection
Attachment. In the event the Parties so interconnect their respective networks,
the Parties shall discontinue exchanging any and all traffic through the Third
Party Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffic but, on an overflow basis, through the Third Party Tandem Switch.
2.5 Nothing in this Attachment shall be read to require either Party to establish
and/or maintain a subtending arrangement with a Third Party Tandem Provider.
3.Initiating Traffic Exchange Under This Attachment
3.1 If EDNETICS determines to offer Telephone Exchange Services and wishes to
exchange traffic with Frontier through a Third Party Tandem Switch in any LATA
in which Frontier also offers Telephone Exchange Services, EDNETICS shall
provide written notice to Frontier of its request to exchange traffic through a Third
Party Tandem Switch in such LATA pursuant to this Attachment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a)
EDNETICS's proposed traffic exchange activation date; (b) a forecast of
EDNETICS's traffic volumes conforming to Section 2 of this Attachment; and (c)
such other information as Frontier shall reasonably request in order to facilitate
traffic exchange under this Attachment.
3.3 The traffic exchange activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated in
Section 3.2 of this Attachment.
4.Traffic Measurement and Billing
4.1 The Parties agree that they will make commercially reasonable efforts to obtain
and utilize accurate and complete recordings, of any traffic exchanged between
them under this Attachment, for use in billing.
EDNETICS ID Comp v3.3a _07142010 79
4.2 At such time as a receiving Party has the capability, on an automated basis, to
use CPN to classify traffic from the other Party, exchanged under this
Attachment, by traffic type (i.e., Reciprocal Compensation Traffic, Measured
Internet Traffic, intraLATA Toll Traffic, and IntraLATA toll free service access
code traffic), such receiving Party shall bill the originating Party the rate
applicable to each relevant minute of traffic for which CPN is received. If the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic received from the other Party
by traffic type, the originating Party will supply Traffic Factor 1 and Traffic Factor
2. In any case, the Traffic Factors shall be supplied in writing by the originating
Party within thirty (30) days of the Effective Date and shall be updated in writing
by the originating Party quarterly. Measurement of billing minutes for purposes
of determining terminating compensation shall be in conversation seconds (the
time in seconds that a Party's equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.g.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured Internet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC Internet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC Internet
Order that traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to
originating traffic is Measured Internet Traffic, and in accordance with the
process established by the FCC Internet Order for rebutting such presumption
before the Commission).
4.3 Each Party reserves the right to audit all traffic exchanged under this Attachment,
up to a maximum of two audits per calendar year, to ensure that rates are being
applied appropriately; provided, however, that either Party shall have the right to
conduct additional audit(s) if the preceding audit disclosed material errors or
discrepancies. Each Party agrees to provide the necessary traffic data in
conjunction with any such audit in a timely manner.
4.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
4.5 If and, to the extent that, a EDNETICS Customer receives V/FX Traffic
exchanged under this Attachment, EDNETICS shall promptly provide notice
thereof to Frontier (such notice to include, without limitation, the specific
telephone number(s) that the Customer uses for V/FX Traffic, as well as the
LATA in which the Customer's station is actually physically located) and shall not
bill Frontier Reciprocal Compensation, intercarrier compensation or any other
charges for calls placed by Frontier's Customers to such EDNETICS Customers.
Reciprocal Compensation Arrangements Pursuant to Section 251 (b)(5) of the Act
5.1 Reciprocal Compensation.
The Party originating Reciprocal Compensation Traffic shall compensate the
terminating Party for the transport and termination of such traffic to its Customer
in accordance with Section 251 (b)(5) of the Act at the equal and symmetrical
rates stated in the Pricing Attachment; it being understood and agreed that
because the Third Party Tandem Provider is providing the tandem functionally to
both Parties, Frontier shall charge (and EDNETICS shall pay Frontier) the End
Office Reciprocal Compensation rate set forth in the Pricing Attachment for
Reciprocal Compensation Traffic Frontier receives from EDNETICS and
EDNETICS ID Comp v3.3a 07142010 80
EDNETICS shall charge (and Frontier shall pay EDNETICS) the End Office
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffic EDNETICS receives from Frontier. No additional charges
shall be assessed by the terminating Party for the transport and termination of
such traffic received from the other Party; provided, however, for the avoidance
of any doubt, neither Party may assess upon, or pass through to, the other Party
any charges billed by (or on behalf of) the Third Party Tandem Provider. The
designation of traffic as Reciprocal Compensation Traffic for purposes of
Reciprocal Compensation shall be based on the actual originating and
terminating points of the complete end-to-end communication.
5.2 Traffic Not Subject to Reciprocal Compensation.
5.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic)), Information Access, or exchange
services for Exchange Access or Information Access.
5.2.2 Reciprocal Compensation shall not apply to Internet Traffic.
5.2.3 Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1 + presubscription basis, or on a
casual dialed (1 OXXXI1 01 XXXX) basis.
5.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Area Traffic.
5.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
5.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
5.2.7 Reciprocal Compensation shall not apply to Voice Information Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
5.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251 (b)(5) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (i.e., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a
EDNETICS 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, EDNETICS shall pay Frontier's originating
access charges for all V/FX Traffic originated by a Frontier Customer,
and EDNETICS shall pay Frontier's terminating access charges for all
V/FX Traffic originated by a EDNETICS Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by EDNETICS to Frontier shall
not exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) billed by Frontier to
EDNETICS.
6. Other Types of Traffic
EDNETICS ID Comp v3.3a 07142010 81
6.1 Notwithstanding any other provision of this Agreement or otherwise: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of Internet Traffic shall be
governed by the terms of the FCC Internet Order and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for Internet Traffic that is in excess of the intercarrier
compensation for Internet Traffic that such Party is required to pay under the
FCC Internet Order and other applicable FCC orders and FCC Regulations.
6.2 Subject to Section 6.1 of this Attachment, IntraLATA Toll Traffic exchanged
under this Attachment shall be governed by the applicable provisions of this
Agreement and applicable Tariffs.
6.3 For any traffic originating with a third party carrier and delivered by EDNETICS to
Frontier, EDNETICS shall pay Frontier the same amount that such third party
carrier would have been obligated to pay Frontier for termination of that traffic at
the location the traffic is delivered to Frontier by EDNETICS.
6.4 Notwithstanding any provision of this Agreement or otherwise, no Interexchange
Carrier (IXC) traffic may be exchanged under this Attachment.
6.5 Any traffic not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
7. Toll Free Service Access Code (e.g., 800/888/877) Traffic
The following terms shall apply when either Party delivers IntraLAlA toll free service
access code (e.g., 800/877/888) ("8YY") calls to the other Party under this Attachment.
For the purposes of this Section 7, the terms "translated" refer to those toll free service
access code calls that have been queried ("translated") to an 8YY database.
7.1 When EDNETICS delivers translated IntraLATA 8YY calls to Frontier for
completion:
7.1.1 by Frontier:
7.1.1.1 EDNETICS will provide an appropriate EMI record to
Frontier; and
7.1.1.2 EDNETICS will bill Frontier the EDNETICS's Switched
Exchange Access Tariff charges and the EDNETICS's
applicable Tariff query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 EDNETICS will provide an appropriate EMI record to
Frontier and the toll free service access code service
provider; and
7.1.2.2 EDNETICS will bill the toll free service access code service
provider the EDNETICS's applicable Switched Exchange
Access Tariff charges and the EDNETICS's applicable Tariff
query charges; and
7.1.2.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges.
EDNETICS lD Comp v3.3a_07142010 82
7.2 When Frontier performs the query and delivers translated lntraLATA 8YY calls,
originated by Frontier's or another LEC's Customer for completion:
7.2.1 by EDNETICS:
7.2.1.1 Frontier will provide an appropriate EMI record to
EDNETICS; and
7.2.1.2 Frontier will bill EDNETICS Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges.
7.2.2 by a toll free service access code service provider in that LATA:
7.2.2.1 Frontier will provide an appropriate EMI record to
EDNETICS and the toll free service access code service
provider; and
7.2.2.2 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
7.2.2.3 EDNETICS will bill the toll free service access code service
provider the EDNETICS's applicable Switched Exchange
Access Tariff charges.
7.3 Frontier will not direct untranslated toll free service access code calls to
EDNETICS. EDNETICS will not direct untranslated toll free service access code
calls to Frontier.
8. Number Resources, Rate Center Areas and Routing Points
8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes ("NXX") pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
8.2 It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided in the LERG in
order to recognize and route traffic to the other Party's assigned NXX codes.
Except as expressly set forth in this Agreement, neither Party shall impose any
fees or charges whatsoever on the other Party for such activities.
8.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, EDNETICS shall
adopt the Rate Center Area and Rate Center Points that the Commission has
approved for Frontier within the LATA and Tandem serving area. EDNETICS
shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise
ordered by the FCC, the Commission or another governmental entity of
appropriate jurisdiction, or the LEC industry adopts alternative methods of
utilizing NXXs.
8.4 EDNETICS will also designate a Routing Point for each assigned NXX code.
EDNETICS shall designate one location for each Rate Center Area in which the
EDNETICS has established NXX code(s) as the Routing Point for the NPA-NXXs
EDNETICS ID Comp v3.3a _07142010 83
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 EDNETICS
will be routed in the same manner as calls to EDNETICS'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 EDNETICS's choices regarding the size of the local calling
area(s) that EDNETICS may establish for its Customers, which local calling
areas may be larger than, smaller than, or identical to Frontier's local calling
areas.
9. Number Portability - Section 251(B)(2)
9.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
9.2 Procedures for Providing LNP ("Local Number Portability").
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the Industry Numbering Council (INC),
and adopted by the FCC. In addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
9.2.1 A Customer of one Party ('Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
work together to port the Customer's telephone number(s) from Party
A's network to Party B's network.
9.2.2 When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported number(s) from its Line Information Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B's Customer.
9.2.3 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
9.2.4 When a Customer of Party A ports their telephone numbers to Party 8,
in the process of porting the Customer's telephone numbers, Party A
EDNETICS ID Comp v3.3a _07142010 84
shall implement the ten-digit trigger feature where it is available. When
Party A receives the porting request, the unconditional trigger shall be
applied to the Customer's line before the due date of the porting
activity. When the ten-digit unconditional trigger is not available, Party
A and Party B must coordinate the disconnect activity.
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 office shall be
defined as portable, except as noted in Section 9.2.7, and translations
will be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offices within the LATA
of the given switch(es). On a prospective basis, all newly deployed
switches will be equipped with LNP capability and so noted in the
LERG.
9.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and official use and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass calling
on a choked network may not be ported using LNP technology but are
portable using methods established by the NANC and adopted by the
FCC. On a prospective basis, newly assigned codes in switches
capable of porting shall become commercially available for porting with
the effective date in the network.
9.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
9.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer.
9.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
9.4.1 If Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a LNP
EDNETICS ID Comp v3.3a _071 42010 85
request to Party A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offices of the other through the Local Exchange Routing Guide
(LERG). In addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offices, as set
forth in this Section 9.4.
9.5 EDNETICS shall submit orders to port numbers electronically using an LSR via
the Frontier web Graphical User Interface ("GUI") or Electronic Data Interface
('EDI") pursuant to the instructions, business rules and guidelines set forth on the
Frontier website (formerly referred to as the Frontier wholesale website).
10. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with EDNETICS reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
EDNETICS ID Comp v3.3a _07142010 86
RESALE ATTACHMENT
1.General
Frontier shall provide to EDNETICS, in accordance with this Agreement (including, but
not limited to, Frontier's applicable Tariffs) and the requirements of Applicable Law,
Frontier's Telecommunications Services for resale by EDNETICS; provided, that
notwithstanding any other provision of this Agreement, Frontier shall be obligated to
provide Telecommunications Services to EDNETICS only to the extent required by
Applicable Law and may decline to provide a Telecommunications Service to EDNETICS
to the extent that provision of such Telecommunications Service is not required by
Applicable Law.
2.Use of Frontier Telecommunications Services
2.1 Frontier Telecommunications Services may be purchased by EDNETICS under
this Resale Attachment only for the purpose of resale by EDNETICS as a
Telecommunications Carrier. Frontier Telecommunications Services to be
purchased by EDNETICS for other purposes (including, but not limited to,
EDNETICS's own use) must be purchased by EDNETICS pursuant to other
applicable Attachments to this Agreement (if any), or separate written
agreements, including, but not limited to, applicable Frontier Tariffs.
2.2 EDNETICS shall not resell:
2.2.1 Residential service to persons not eligible to subscribe to such service
from Frontier (including, but not limited to, business or other
nonresidential Customers);
2.2.2 Lifeline, Link Up America, or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Frontier;
2.2.3 Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Frontier; or
2.2.4 Any other Frontier service in violation of a restriction stated in this
Agreement (including, but not limited to, a Frontier Tariff) that is not
prohibited by Applicable Law.
2.2.5 In addition to any other actions taken by EDNETICS to comply with
this Section 2.2, EDNETICS shall take those actions required by
Applicable Law to determine the eligibility of EDNETICS Customers to
purchase a service, including, but not limited to, obtaining any proof or
certification of eligibility to purchase Lifeline, Link Up America, or other
means-tested services, required by Applicable Law. EDNETICS shall
indemnify Frontier from any Claims resulting from EDNETICS's failure
to take such actions required by Applicable Law.
2.2.6 Frontier may perform audits to confirm EDNETICS'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.
EDNETICS ID Comp v3.3a _071 42010 87
2.3 EDNETICS shall be subject to the same limitations that Frontier's Customers are
subject to with respect to any Telecommunications Service that Frontier
grandfathers or discontinues offering. Without limiting the foregoing, except to
the extent that Frontier follows a different practice for Frontier Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) will be furnished only to the extent that facilities continue
to be available to provide such Telecommunications Service.
2.4 EDNETICS shall not be eligible to participate in any Frontier plan or program
under which Frontier Customers may obtain products or services, which are not
Frontier Telecommunications Services, in return for trying, agreeing to purchase,
purchasing, or using Frontier Telecommunications Services.
2.5 In accordance with 47 CFR § 51.617(b), Frontier shall be entitled to all charges
for Frontier Exchange Access services used by interexchange carriers to provide
service to EDNETICS Customers.
3.Availability of Frontier Telecommunications Services
3.1 Frontier will provide a Frontier Telecommunications Service to EDNETICS for
resale pursuant to this Attachment where and to the same extent, but only where
and to the same extent that such Frontier Telecommunications Service is
provided to Frontier's Customers.
3.2 Except as otherwise required by Applicable Law, subject to Section 3.1 of this
Attachment, Frontier shall have the right to add, modify, grandfather, discontinue
or withdraw Frontier Telecommunications Services at any time, without the
consent of EDNETICS.
3.3 To the extent required by Applicable Law, the Frontier Telecommunications
Services to be provided to EDNETICS for resale pursuant to this Attachment will
include a Frontier Telecommunications Service customer-specific contract
service arrangement ("CSA") (such as a customer specific pricing arrangement
or individual case based pricing arrangement) that Frontier is providing to a
Frontier Customer at the time the CSA is requested by EDNETICS.
4.Responsibility for Charges
4.1 EDNETICS shall be responsible for and pay to Frontier all charges for any
Telecommunications Services provided by Frontier or provided by persons other
than Frontier and billed for by Frontier, that are ordered, activated or used by
EDNETICS, EDNETICS Customers or any other persons, through, by means of,
or in association with, Telecommunications Services provided by Frontier to
EDNETICS pursuant to this Resale Attachment.
4.2 Upon request by EDNETICS, Frontier will provide for use on resold Frontier retail
Telecommunications Service dial tone lines purchased by EDNETICS such
Frontier retail Telecommunications Service call blocking and call screening
services as Frontier provides to its own end user retail Customers, where and to
the extent Frontier provides such Frontier retail Telecommunications Service call
blocking services to Frontier's own end user retail Customers. EDNETICS
understands and agrees that certain of Frontier's call blocking and call screening
services are not guaranteed to block or screen all calls and that notwithstanding
EDNETICS's purchase of such blocking or screening services, EDNETICS's end
user Customers or other persons ordering, activating or using
EDNETICS ID Comp v3.3a_07142010 88
Telecommunications Services on the resold dial tone lines may complete or
accept calls which EDNETICS intended to block. Notwithstanding the foregoing,
EDNETICS shall be responsible for and shall pay Frontier all charges for
Telecommunications Services provided by Frontier or provided by persons other
than Frontier and billed for by Frontier in accordance with the terms of Section
4.1 above.
Operations Matters
5.1 Facilities.
5.1.1 Frontier and its suppliers shall retain all of their right, title and interest
in all facilities, equipment, software, information, and wiring used to
provide Frontier Telecommunications Services.
5.1.2 Frontier shall have access at all reasonable times to EDNETICS
Customer locations for the purpose of installing, inspecting,
maintaining, repairing, and removing, facilities, equipment, software,
and wiring used to provide the Frontier Telecommunications Services.
EDNETICS shall, at EDNETICS's expense, obtain any rights and
authorizations necessary for such access.
5.1.3 Except as otherwise agreed to in writing by Frontier, Frontier shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, software, or wiring provided by
EDNETICS or EDNETICS Customers for use with Frontier
Telecommunications Services.
5.2 Branding.
5.2.1 Except as stated in Section 5.2.2 of this Attachment, in providing
Frontier Telecommunications Services to EDNETICS, Frontier shall
have the right (but not the obligation) to identify the Frontier
Telecommunications Services with Frontier's trade names, trademarks
and service marks ("Frontier Marks"), to the same extent that these
Services are identified with Frontier's Marks when they are provided to
Frontier's Customers. Any such identification of Frontier's
Telecommunications Services shall not constitute the grant of a
license or other right to EDNETICS to use Frontier's Marks.
5.2.2 To the extent required by Applicable Law, upon request by EDNETICS
and at prices, terms and conditions to be negotiated by EDNETICS
and Frontier, Frontier shall provide Frontier Telecommunications
Services for resale that are identified by EDNETICS's trade name, or
that are not identified by trade name, trademark or service mark.
5.2.3 If Frontier uses a third-party contractor to provide Frontier operator
services or Frontier directory assistance, EDNETICS will be
responsible for entering into a direct contractual arrangement with the
third-party contractor at EDNETICS's expense (a) to obtain
identification of Frontier operator services or Frontier directory
assistance purchased by EDNETICS for resale with EDNETICS's
trade name, or (b) to obtain removal of Frontier Marks from Frontier
operator services or Frontier directory assistance purchased by
EDNETICS for resale.
6. Rates and Charges
EDNETICS ID Comp v3.3a _07142010 89
The rates and charges for Frontier Telecommunication Services purchased by
EDNETICS for 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, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with EDNETICS reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
EDNETICS ID comp v3.3a _071 42010 90
NETWORK ELEMENTS ATTACHMENT
General
1.1 Frontier shall provide to EDNETICS, in accordance with this Agreement
(including, but not limited to, Frontier's applicable Tariffs) and the requirements of
the Federal Unbundling Rules, access to Frontier'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, Frontier shall be obligated
to provide access to unbundled Network Elements (UNEs), Combinations, and
Commingling to EDNETICS under the terms of this Agreement only to the extent
required by the Federal Unbundling Rules and may decline to provide access to
UNEs, Combinations, or Commingling to EDNETICS to the extent that provision
of such UNEs, Combinations, or Commingling is not required by the Federal
Unbundling Rules.
1.2 Frontier shall be obligated to combine UNEs that are not already combined in
Frontier'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) Frontier 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 Frontier's network; and (b) Frontier shall have no obligation
to construct, modify, or deploy facilities or equipment to offer any UNE or
Combination.
1.3 EDNETICS may use a UNE or Combination only for those purposes for which
Frontier is required by the Federal Unbundling Rules to provide such UNE or
Combination to EDNETICS. Without limiting the foregoing, EDNETICS may not
access a UNE or Combination for the exclusive provision of Mobile Wireless
Services or lnterexchange Services. For purposes of this section,
"lnterexchange Services" shall have the meaning set forth in the Triennial
Review Remand Order and subsequent applicable FCC orders.
1.3.1 Frontier shall not be obligated to provide to EDNETICS, and
EDNETICS shall not request from Frontier, access to a proprietary
advanced intelligent network service.
1.4 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Frontier 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 Frontier is required by the Federal Unbundling Rules to provide to
EDNETICS on an unbundled basis or in combination with other Network
Elements.
1.5 If as the result of EDNETICS Customer actions (e.g., Customer Not Ready
("CNR")), Frontier cannot complete requested work activity when a technician
has been dispatched to the EDNETICS Customer premises, EDNETICS will be
assessed a non-recurring charge associated with this visit. This charge will be
the sum of the applicable Service Order charge as provided in the Pricing
Attachment and the Customer Not Ready Charge provided for in the Pricing
Attachment (or, in the absence of a Customer Not Ready Charge, the Premises
Visit Charge as provided in Frontier's applicable retail or wholesale Tariff or in the
Pricing Attachment).
EDNETICS ID Comp v3.3a_07142010 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 Frontier Tariff or SGAT:
1.6.1 Discontinued Facilities.
1.6.1.1 Frontier may cease offering or providing EDNETICS with
access on an unbundled basis at rates prescribed under
Section 251 of the Act to any facility that is or becomes a
Discontinued Facility, whether as a stand-alone UNE, as
part of a Combination, or otherwise. To the extent Frontier
has not already ceased offering or providing unbundled
access to a particular Discontinued Facility that is a
Discontinued Facility as of the Effective Date, Frontier may
cease offering or providing unbundled access to such
Discontinued Facility immediately upon the Effective Date
without further notice to EDNETICS. Subject to Section 1.7
below, if a facility on or at any time after the Effective Date
is or becomes a Discontinued Facility, Frontier, to the extent
it has not already ceased providing unbundled access to
such Discontinued Facility, and provided it has given at
least ninety (90) days written notice of discontinuance in
cases where it has not already ceased providing such
access, will continue to provide unbundled access to such
Discontinued Facility under the Agreement only through the
effective date of the notice of discontinuance, and not
beyond that date.
1.6.1.2 Where Frontier is permitted to cease providing a
Discontinued Facility pursuant to Section 1.6.1 above and
EDNETICS has not submitted an LSR or ASR, as
appropriate, to Frontier requesting disconnection of the
Discontinued Facility and has not separately secured from
Frontier an alternative arrangement to replace the
Discontinued Facility, then Frontier, to the extent it has not
already done so, may disconnect the subject Discontinued
Facility without further notice to EDNETICS. In lieu of
disconnecting the subject Discontinued Facility in the
foregoing circumstances, Frontier, in its sole discretion, may
elect to: (a) convert the subject Discontinued Facility to an
arrangement available under a Frontier access tariff (in
which case month-to-month rates shall apply unless a
different rate applies under an applicable special access
term/volume plan or other special access tariff arrangement
in which EDNETICS is then enrolled), a resale
arrangement, or other analogous arrangement that Frontier
shall identify or has identified in writing to EDNETICS, or (b)
in lieu of such a conversion, reprice the subject
Discontinued Facility by application of a new rate (or, in
Frontier's sole discretion, by application of a surcharge to
an existing rate) to be equivalent to an arrangement
available under a Frontier access tariff (at month-to-month
rates unless a different rate applies under an applicable
special access term/volume plan or other special access
tariff arrangement in which EDNETICS is then enrolled), a
resale arrangement, or other analogous arrangement that
EDNETICS ID Comp v3.3a _07142010 92
Frontier shall identify or has identified in writing to
EDNETICS; provided, however, that Frontier may
disconnect the subject Discontinued Facility (or the
replacement service to which the Discontinued Facility has
been converted) if EDNETICS fails to pay when due any
applicable new rate or surcharge billed by Frontier.
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
EDNETICS seeks to convert from another wholesale service to an
unbundled network element (collectively, "TRRO Certification
Elements), EDNETICS must undertake a reasonably diligent inquiry
and, based on that inquiry, certify that, to the best of its knowledge,
EDNETICS's request is consistent with the requirements of the TRRO
and that EDNETICS is entitled to unbundled access to the subject
element pursuant to section 251 (c)(3) of the Act. EDNETICS shall
provide such certification using the automated method that Frontier
makes available for that purpose. EDNETICS's reasonably diligent
inquiry must include, at a minimum, consideration of any list of non-
impaired UNE Wire Centers that Frontier makes or has made available
to EDNETICS by notice and/or by publication on Frontier's wholesale
website (the "Wire Center List") and any back-up data that Frontier
provides or has provided to EDNETICS under a non-disclosure
agreement or that is otherwise available to EDNETICS.
1.7.2 Provision-then-Dispute Requirements.
1.7.2.1 Upon receiving a request from EDNETICS 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, Frontier shall process the request in
accordance with any applicable standard intervals. If
Frontier wishes to challenge EDNETICS'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) Frontier 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 Frontier elects to invoke under the
dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in
Frontier's favor, then EDNETICS shall compensate Frontier
for the additional charges that would apply if EDNETICS
had ordered the subject facility or service on a month-to-
month term under Frontier'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 LINE and access tariff rates). The
month-to-month rates shall apply until such time as
EDNETICS requests disconnection of the subject facility or
EDNETICS ID Comp v3.3a _071 42010 93
an alternative term that Frontier 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 Frontiers access
tariffs), the monthly recurring charges that
Frontier may charge, and that EDNETICS shall
be obligated to pay, for each circuit shall be the
charges for the commercial service that Frontier,
in its sole discretion, determines to be
analogous to the subject Dark Fiber Transport
and, unless otherwise agreed in writing by the
Parties, Frontier may, without further notice,
disconnect the subject dark fiber facility within
thirty (30) days of the date on which the dispute
is resolved in Frontier's favor. In any case
where EDNETICS, within thirty (30) days of the
date on which the dispute is resolved in
Frontier's favor, submits a valid ASR for a 'lit'
service to replace the subject Dark Fiber
Transport facility, Fontiêrshall continue to
provide the Dark Fiber Transport facility at the
rates specified above, but only for the duration
of the standard interval for installation of the lit'
service.
1.7.2.3 Notwithstanding any other provision of the Agreement,
Frontier may reject a EDNETICS order for a TRRO
Certification Element without first seeking dispute
resolution: (a) in any case where EDNETICS's order
conflicts with a provision of a Frontier Tariff, (b) in any case
where EDNETICS's order conflicts with a non-impaired
UNE Wire Center designation set forth in a Wire Center List
that Frontier has made available to EDNETICS by notice
and/or by publication on Frontier's wholesale website, (c) in
any case where EDNETICS's order conflicts with a non-
impaired UNE Wire Center designation that the Commission
or the FCC has ordered or approved or that has otherwise
been confirmed through previous dispute resolution
(regardless of whether EDNETICS was a party to such
dispute resolution), or (d) as otherwise permitted under the
Federal Unbundling Rules (including, but not limited to,
upon a determination by the Commission, the FCC, or a
court of competent jurisdiction that Frontier may reject
orders for TRRO Certification Elements without first seeking
dispute resolution).
1.8 Limitation With Respect to Replacement Arrangements. Notwithstanding any
other provision of this Agreement, any negotiations regarding any UNE-
replacement arrangement, facility, service or the like that Frontier is not required
to provide under the Federal Unbundling Rules (including without limitation any
arrangement, facility, service or the like that Frontier offers under an access tariff)
shall be deemed not to have been conducted pursuant to the Agreement, 47
U.S.C. § 252(a)(1), or 47 C.F.R. Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. § 252(b). Any reference in this
Attachment to Frontier's provision of a arrangement, facility, service or the like
EDNETICS ID Comp v3.3a_07142010 94
that Frontier is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
permit: (a) arbitration pursuant to 47 U.S.C. § 252(b) of the rates, terms, or
conditions upon which Frontier may provide such arrangement, facility, service or
the like, or (b) application of 47 U.S.C. § 252 in any other respect.
2.Frontier'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, Frontier shall provide
EDNETICS access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
2.2 Line Splitting (also referred to as "Loop Sharing"), as set forth in Section 4 of this
Attachment;
2.3 [Intentionally Left Blank];
2.4 Sub-Loops, as set forth in Section 6 of this Attachment;
2.5 Sub-Loop for Multiunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
2.6 Dark Fiber Transport (sometimes referred to as "Dark Fiber IOF"), as set forth in
Section 8 of this Attachment;
2.7 Network Interlace Device, as set forth in Section 9 of this Attachment;
2.8 [Intentionally Left Blank];
2.9 Dedicated Transport (may also be referred to as "Interoffice Transmission
Facilities") (or "IOF"), as set forth in Section 11 of this Attachment;
2.10 [Intentionally Left Blank];
2.11 Operations Support Systems, as set forth in Section 13 of this Attachment; and
2.12 Other UNEs in accordance with Section 14 of this Attachment.
3.Loop Transmission Types
3.1 Subject to the conditions set forth in Section 1 of this Attachment, Frontier shall
allow EDNETICS 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. Frontier shall allow EDNETICS access to Loops in
accordance with, but only to extent required by, the Federal Unbundling Rules.
Subject to the foregoing and the provisions regarding FTTP Loops, in Section 3.5
below, and Hybrid Loops, in Section 3.6 below, the available Loop types are as
set forth below:
3.1.1 "2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an
effective 2-wire channel with 2-wire interlaces 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 Frontier 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
EDNETICS ID Comp v3.3a _071 42010 95
specified when the Loop is ordered: loop-start, ground-start, loop-
reverse-battery, and no signaling. Customer specified signaling is
more fully described in Frontier TR-72570, as revised from time-to-
time. Frontier will not build new facilities or modify existing facilities
except to the extent required in Section 17 of this Attachment.
3.1.2 "4-Wire Analog Voice Grade Loop" or "Analog 4W" provides an
effective 4-wire channel with 4-wire interlaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type will operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in Frontier TR-72570, as
revised from time-to-time. Frontier will not build new facilities or
modify existing facilities except to the extent required in Section 17 of
this Attachment.
3.1.3 "2-Wire ISDN Digital Grade Loop" or "BRI ISDN" provides a channel
with 2-wire interlaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 21310 line code. This Loop
type is more fully described in American National Standards Institute
(ANSI) T1.601-1998 and Frontier TR 72575, as revised from time-to-
time. In some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Frontier will provide loop
extension equipment only upon request. A separate charge will apply
for loop extension equipment. The 2-Wire ISDN Digital Grade Loop is
available only in the former Bell Atlantic Service Areas. In the former
GTE Service Areas only, EDNETICS may order a 2-Wire Digital -
Compatible Loop using 2-wire ISDN ordering codes to provide similar
capability. Frontier will not build new facilities or modify existing
facilities except to the extent required in Section 17 of this Attachment.
3.1.4 "2-Wire ADSL-Compatible Loop" or "ADSL 2W" provides a channel
with 2-wire interlaces 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 Frontier
TR-72575, as revised from time-to-time. ADSL-Compatible Loops will
be available only where existing copper facilities are available and
meet applicable specifications. Frontier will not build new facilities or
modify existing facilities except to the extent required in Sections 3.2
or 17 of this Attachment. The upstream and downstream ADSL power
spectral density masks and dc line power limits in Frontier 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, EDNETICS may order a
2-Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capability.
3.1.5 "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 Frontier
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops will be provided only where existing fábilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
EDNETICS ID Comp v3.3a _07142010 96
Loop is available only in the former Bell Atlantic Service areas. In the
former GTE Service Areas only, EDNETICS may order a 2-Wire
Digital Compatible Loop using 2-Wire HDSL ordering codes to provide
similar capability. Frontier will not build new facilities or modify
existing facilities except to the extent required in Sections 3.2 or 17 of
this Attachment.
3.1.6 "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 Frontier TR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. Frontier will not build new facilities
or modify existing facilities except to the extent required in Sections
3.2 or 17 of this Attachment.
3.1.7 "2-Wire IDSL-Compatible Metallic Loop" consists of a single 2-wire
non-loaded, twisted copper pair that meets revised resistance design
criteria. This Loop is intended to be used with very-low band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the Ti E1.4 loop spectrum management standard
(Ti El .4/2000-002R3) and are not compatible with 21311 160 kbps
ISDN transport systems. The actual data rate achieved depends upon
the performance of CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in Ti El .4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallic Loop is available only in the former Bell Atlantic Service
Areas. In the former GTE Service Areas only, EDNETICS may order a
2-Wire Digital Compatible Loop using ISDN ordering codes to provide
similar capability. Frontier will not build new facilities or modify
existing facilities except to the extent required in Sections 3.2 or 17 of
this Attachment.
3.1.8 "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 Ti E1.4 loop spectrum management standard
(Ti El .4/2000-002R3). This Loop consists of a single 2-wire non-
loaded, twisted copper pair that meets Class 2 length limit in
Ti El .4/2000-002R3. The data rate achieved depends on the
performance of the CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in Ti El .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,
EDNETICS may order a 2-Wire Digital Compatible Loop to provide
similar capability. SDSL-compatible local loops will be provided only
where facilities are available and can meet applicable specifications.
Frontier will not build new facilities or modify existing facilities except
to the extent required in Sections 3.2 or 17 of this Attachment.
3.1.9 "4-Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission
path that is suitable for the transport of digital data at a synchronous
rate of 56 kbps in opposite directions on such Loop simultaneously. A
EDNETICS ID Comp v3.3a_07142010 97
4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no intermediate electronics or it consists of universal digital loop
carrier with 56 kbps DDS dataport transport capability. Frontier shall
provide 4-Wire 56 kbps Loops to EDNETICS in accordance with, and
subject to, the technical specifications set forth in Frontier TR-72575,
as revised from time-to-time. Frontier will not build new facilities or
modify existing facilities except to the extent required in Section 17 of
this Attachment.
3.1.10 "DS1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Frontier 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 Frontier will not install new electronics
except to the extent required in Section 17 of this Attachment. Frontier
will not build new facilities and will 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 fora requested DS1 Loop,
upon request by EDNETICS, the DS1 Loop will be furnished with
Clear Channel (B8ZS) signaling. Frontier will not install new
electronics to furnish Clear Channel (B8ZS) signaling. For purposes
of provisions implementing any right Frontier may have to cease
providing unbundled access to DS1 -capacity Loops under the TRRO
pursuant to Section 1 of this Attachment, the term "DS1 Loop" further
includes any type of Loop described in Section 3.1 of the Network
Elements Attachment that provides a digital transmission channel
suitable for the transport of 1.544 Mbps digital signals, regardless of
whether the subject Loop meets the specific definition of a DS1 Loop
set forth in this section.
3.1.11 "DS3 Loops" will support the transmission of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier 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
Frontier will not install new electronics except to the extent required in
Section 17 of this Attachment. Frontier will not build new facilities and
will not modify existing facilities except to the extent required in
Section 17 of this Attachment. For purposes of provisions
implementing any right Frontier may have to cease providing
unbundled access to DS3-capacity loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS3 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 44.736 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS3 Loop set forth in
this section.
3.1.12 In the former Bell Atlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific EDNETICS
requirements for metallic loops over 18k ft.or for conditioning of
EDNETICS ID Comp v3.3a 07142010 98
ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loops. "Digital Designed
Loops" may include requests for:
3.1.12.1 a 2W Digital Designed Metallic Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
3.1.12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a "2W ADSL Compatible Loop);
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop");
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2W Digital Designed Metallic Loop with Frontier-placed
ISDN loop extension electronics;
3.1.12.7 a 2W SDSL Loop with an option to remove bridged tap; and
3.1.12.8 a 2W IDSL Loop of less than 18k ft. with an option to
remove bridged tap;
3.1.13 Frontier shall make Digital Designed Loops available EDNETICS at
the rates as set forth in the Pricing Attachment.
3.1.14 In the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific EDNETICS
requirements for metallic loops over 12k ft. or for conditioning of 2-wire
or 4-wire digital or BRI ISDN Loops. "Conditioned Loops" may include
requests for:
3.1.14.1 a 2W Digital Loop with a total loop length of 12k to 30k ft.,
unloaded, with the option to remove bridged tap (such a
Loop, unloaded, with bridged tap so removed shall be
deemed to be a "2W Digital Compatible Loop");
3.1.14.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to be a
"2W Digital Compatible Loop");
3.1.14.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an
option to remove bridged tap (such a 2W Loop with bridged
tap so removed shall be deemed to be a "2W Digital
Compatible Loop");
3.1.14.4 a 2W Digital Loop with Frontier-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").
EDNETICS ID Comp v3.3a_07142010 99
3.1.15 Frontier shall make Conditioned Loops available to EDNETICS at the
rates as set forth in the Pricing Attachment.
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1 EDNETICS shall place orders for xDSL Compatible Loops, Digital
Designed and Conditioned Loops by delivering to Frontier a valid
electronic transmittal Service Order or other mutually agreed upon
type of Service Order. Such Service Order shall be provided in
accordance with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
3.2.2 In former Bell Atlantic Service Areas, Frontier is conducting a
mechanized survey of existing Loop facilities, on a Central Office by
Central Office basis, to identify those Loops that meet the applicable
technical characteristics established by Frontier for compatibility with
xDSL Compatible or BRI ISDN signals. The results of this survey will
be stored in a mechanized database and made available to
EDNETICS as the process is completed in each Central Office.
EDNETICS must utilize this mechanized loop qualification database,
where available, in advance of submitting a valid electronic transmittal
Service Order for an xDSL Compatible or BRI ISDN Loop. Charges
for mechanized loop qualification information are set forth in the
Pricing Attachment. In former GTE Service Areas, Frontier provides
access to mechanized xDSL loop qualification information to help
identify those loops that meet applicable technical characteristics for
compatibility with xDSL Services that the CLEC may wish to offer to its
end user Customers. EDNETICS must access Frontier's mechanized
loop qualification system through the use of the on-line computer
interface at www.frontier.com in advance of submitting a valid
electronic transmittal Service Order for xDSL service arrangements.
The loop qualification information provided by Frontier gives
EDNETICS the ability to determine loop composition and loop length,
and may provide other loop characteristics, when present, that may
indicate incompatibility with xDSL Services such as load coils or Digital
Loop Carrier, Information provided by the mechanized loop
qualification system also indicates whether loop conditioning may be
necessary. It is the responsibility of EDNETICS to evaluate the loop
qualification information provided by Frontier and determine whether a
loop meets EDNETICS requirements for xDSL Service, including
determining whether conditioning should be ordered, prior to
submitting an Order.
3.2.3 If the Loop is not listed in the mechanized database described in
Section 3.2.2 of this Attachment, EDNETICS 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, Frontier will complete a manual loop
qualification request within three (3) Business Days, although Frontier
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.
3.2.4 If a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.g., because
EDNETICS IDCompv3.3a_07142010 100
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), EDNETICS may request an Engineering
Query, where available, as described in Section 3.2.7 of this
Attachment, to determine whether the result is due to characteristics of
the loop itself (e.g., specific number and location of bridged taps, the
specific number of load coils, or the gauge of the cable).
3.2.5 Once a Loop has been pre-qualified, EDNETICS 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, Frontier will
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals will
apply.
3.2.5.2 If the Loop is determined to be xDSL Compatible, but the
Loop serving the service address is unusable or unavailable
to be assigned as an xDSL Compatible Loop, Frontier will
search the Customer's serving terminal for a suitable spare
facility. If an xDSL Compatible Loop is found within the
serving terminal, Frontier will perform a Line and Station
Transfer (or "pair swap") whereby the Frontier technician
will transfer the Customer's existing service from one
existing Loop facility onto an alternate existing xDSL
Compatible Loop facility serving the same location. Frontier
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 Frontier performs a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
3.2.6 If EDNETICS submits a Service Order for an xDSL Compatible or BRI
ISDN Loop that has not been prequalified, Frontier will query the
Service Order back to EDNETICS for qualification and will not accept
such Service Order until the Loop has been prequalified on a
mechanized or manual basis. If EDNETICS submits a Service Order
for an xDSL Compatible or BRI ISDN Loop that is, in fact, not
compatible with the requested service (e.g. ADSL, HDSL etc.) in its
existing condition, Frontier will respond back to EDNETICS with a
"Nonqualified" indicator and with information showing whether the non-
qualified result is due to the presence of load coils, presence of digital
loop carrier, or loop length (including bridged tap).
3.2.7 Where EDNETICS has followed the prequalification procedure
described above and has determined that a Loop is not compatible
with xDSL technologies or BRI ISDN service in its existing condition, it
may either request an Engineering Query, where available, to
determine whether conditioning may make the Loop compatible with
the applicable service; or if EDNETICS is already aware of the
conditioning required (e.g., where EDNETICS has previously
requested a qualification and has obtained loop characteristics),
EDNETICS may submit a Service Order for a Digital Designed Loop.
Frontier will undertake to condition or extend the Loop in accordance
EDNETICS ID Comp v3.3a_o7142o10 101
with this Section 3.2 of this Attachment upon receipt of EDNETICS's
valid, accurate and pre-qualified Service Order for a Digital Designed
Loop.
3.2.8 The Parties will make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. In general, where
conditioning or loop extensions are requested by EDNETICS, an
interval of eighteen (18) Business Days will be required by Frontier to
complete the loop analysis and the necessary construction work
involved in conditioning and/or extending the loop as follows:
3.2.8.1 Three (3) Business Days will be required following receipt of
EDNETICS'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, Frontier
will initiate the construction order to perform the
changes/modifications to the Loop requested by
EDNETICS. Conditioning activities are, in most cases, able
to be accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this interval.
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process will be initiated,
subject to Frontier's standard provisioning intervals.
3.2.9 If EDNETICS requires a change in scheduling, it must contact Frontier
to issue a supplement to the original Service Order. If EDNETICS
cancels the request for conditioning after a loop analysis has been
completed but prior to the commencement of construction work,
EDNETICS shall compensate Frontier for an Engineering Work Order
charge as set forth in the Pricing Attachment. If EDNETICS cancels
the request for conditioning after the loop analysis has been
completed and after construction work has started or is complete,
EDNETICS shall compensate Frontier for an Engineering Work Order
charge as well as the charges associated with the conditioning tasks
performed as set forth in the Pricing Attachment.
3.3 Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Local
Loops (Analog 2W Loops).
3.3.1 The following coordination procedures shall apply to "live" cutovers of
Frontier Customers who are converting their Telephone Exchange
Services to EDNETICS Telephone Exchange Services provisioned
over Analog 2W Loops to be provided by Frontier to EDNETICS:
3.3.1.1 Coordinated cutover charges shall apply to conversions of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion, additional charges may apply. If EDNETICS
does not request a coordinated cutover, Frontier will
process EDNETICS's order as a new installation subject to
applicable standard provisioning intervals.
EDNETICS ID Comp v3.3a _07142010 102
3.3.1.2 EDNETICS shall request Analog 2W Loops for coordinated
cutover from Frontier by delivering to Frontier a valid
electronic Local Service Request ("LSR"). Frontier agrees
to accept from EDNETICS the date and time for the
conversion designated on the LSR ("Scheduled Conversion
Time"), provided that such designation is within the regularly
scheduled operating hours of the Frontier Regional CLEC
Control Center ("RCCC") and subject to the availability of
Frontier's work force. In the event that Frontier's work force
is not available, EDNETICS and Frontier shall mutually
agree on a New Conversion Time, as defined below.
EDNETICS shall designate the Scheduled Conversion Time
subject to Frontier standard provisioning intervals as stated
in the Frontier CLEC Handbook; as may be revised from
time to time. Within three (3) Business Days of Frontiers
receipt of such valid LSR, or as otherwise required by the
Federal Unbundling Rules, Frontier shall provide
EDNETICS the scheduled due date for conversion of the
Analog 2W Loops covered by such LSR.
3.3.1.3 EDNETICS shall provide dial tone at the EDNETICS
collocation site at least forty-eight (48) hours prior to the
Scheduled Conversion Time.
3.3.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time");
provided, however, that each Party shall use commercially
reasonable efforts to provide four (4) business hours'
advance notice to the other Party of its request for a New
Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one
(1) time in a Business Day, and any two New Conversion
Times for a particular Analog 2W Loop shall differ by at
least eight (8) hours, unless otherwise agreed to by the
Parties.
3.3.1.5 If the New Conversion Time is more than one (1) business
hour from the original Scheduled Conversion Time or from
the previous New Conversion Time, the Party requesting
such New Conversion Time shall be subject to the following:
3.3.1.5.1 If Frontier 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 EDNETICS; and
3.3.1.5.2 If EDNETICS requests to reschedule outside the
one (1) hour time frame above, EDNETICS 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 EDNETICS 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
EDNETICS ID Comp v3.3a _07142010 103
apply. If Frontier is not available or ready to perform the
conversion within thirty (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Frontier and EDNETICS will reschedule and, upon request
from EDNETICS, Frontier will credit the Analog 2W Loop
Service Order Charge for the original Scheduled
Conversion Time.
3.3.1.7 The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to EDNETICS is fifteen (15) minutes per
Analog 2W Loop for all orders consisting of twenty (20)
Analog 2W Loops or less. Orders involving more than
twenty (20) Loops will require a negotiated interval.
3.3.1.8 Conversions involving LNP will be completed according to
North American Numbering Council (NANC) standards, via
the regional Number Portability Administration Center
(NPAC).
3.3.1.9 If EDNETICS requires Analog 2W Loop conversions outside
of the regularly scheduled Frontier RCCC operating hours,
such conversions shall be separately negotiated. Additional
charges (e.g. overtime labor charges) may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
3.4 [Intentionally Left Blank].
3.5 FTTP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, EDNETICS shall not be entitled to obtain access to
a FTTP Loop, or any segment thereof, on an unbundled basis when
Frontier deploys such a Loop to the Customer premises of an end user
that has not been served by any Frontier Loop other than a FTTP
Loop.
3.5.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, if (a) Frontier deploys an FTTP Loop to replace a
copper Loop previously used to serve a particular end user's customer
premises, and (b) Frontier retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for EDNETICS's
provision of a voice grade service to that end user's customer
premises, then in accordance with, but only to the extent required by,
the Federal Unbundling Rules, Frontier shall provide EDNETICS with
nondiscriminatory access on an unbundled basis to a transmission
path capable of providing DSO voice grade service to that end user's
customer premises.
3.6 Hybrid Loops.
3.6.1 Packet Switched Features, Functions, and Capabilities.
Notwithstanding any other provision of this Agreement or any Frontier
Tariff or SGAT, EDNETICS shall not be entitled to obtain access to the
Packet Switched features, functions, or capabilities of any Hybrid Loop
on an unbundled basis.
EDNETICS ID Comp v3.3a _07142010 104
3.6.2 Broadband Services. Subject to the conditions set forth in Section 1 of
this Attachment, when EDNETICS seeks access to a Hybrid Loop for
the provision of "broadband services', as such term is defined by the
FCC, then in accordance with, but only to the extent required by, the
Federal Unbundling Rules, Frontier shall provide EDNETICS 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
Frontier 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 Frontier End Office serving
an end user to the demarcation point at the end user's Customer
premises. This access includes access to all features, functions, and
capabilities of the Hybrid Loop that are not used to transmit packetized
information.
3.6.3 Narrowband Services. Subject to the conditions set forth in Section 1
of this Attachment, when EDNETICS seeks access to a Hybrid Loop
for the provision to its Customer of "narrowband services", as such
term is defined by the FCC, then in accordance with, but only to the
extent required by, the Federal Unbundling Rules, Frontier shall, in its
sole discretion, either (a) provide access to a spare home-run copper
Loop serving that Customer on an unbundled basis, or (b) provide
access, on an unbundled basis, to a DSO voice-grade transmission
path between the main distribution frame (or equivalent) in the end
user's serving End Office and the end user's Customer premises,
using time division multiplexing technology:
3.6.4 IDLC Hybrid Loops and Loops Provisioned via Loop Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
EDNETICS requests, in order to provide narrowband services,
unbundling of a 2 wire analog or 4 wire analog Loop currently
provisioned via Integrated Digital Loop Carrier (over a Hybrid Loop) or
via Remote Switching technology deployed as a Loop concentrator
Frontier shall, in accordance with but only to the extent required by the
Federal Unbundling Rules, provide EDNETICS unbundled access to a
Loop capable of voice-grade service to the end user Customer served
by the Hybrid Loop.
3.6.4.1 Frontier will endeavor to provide EDNETICS with an
existing copper Loop or a Loop served by existing Universal
Digital Loop Carrier ("UDLC"). Standard recurring and non-
recurring Loop charges will apply. In addition, a non-
recurring charge will apply whenever a line and station
transfer is performed.
3.6.4.2 If neither a copper Loop nor a Loop served by UDLC is
available, Frontier shall, upon request of EDNETICS,
provide unbundled access to a DSO voice-grade
transmission path between the main distribution frame (or
equivalent) in the end user's serving End Office and the end
user's Customer premises via such technically feasible
alternative that Frontier in its sole discretion may elect to
employ. In addition to the rates and charges payable in
EDNETICS ID Comp v3.3a _07142010 105
connection with any unbundled Loop so provisioned by
Frontier, EDNETICS shall be responsible for any of the
following charges that apply in the event the technically
feasible option involves construction, installation, or
modification of facilities: (a) an engineering query charge
for preparation of a price quote; (b) upon EDNETICS'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 EDNETICS after construction work has
started, EDNETICS shall be responsible for cancellation
charges and a pro-rated charge for construction work
performed prior to the cancellation.
3.6.4.3 Frontier 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 portion of an unbundled copper Loop obtained from
Frontier (such CLEC may be referred to as the "VLEC") and a second CLEC
provides digital subscriber line service over the high frequency portion of that
same Loop (such CLEC may be referred to as the "DLEC). Line Splitting is
accomplished through the use of a splitter collocated at the Frontier central office
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, EDNETICS
may engage in Line Splitting, in accordance with this Section 4 and the rates and
charges provided for in the Pricing Attachment. Frontier shall provide access to
Line Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between EDNETICS and another CLEC shall be accomplished
by prior negotiated arrangement between EDNETICS and the other CLEC.
EDNETICS shall give Frontier written notice of this arrangement through the
Frontier Local Service Customer Profile Form (formerly referred to as the
Frontier Wholesale Local Service Customer Profile Form) on the Frontier
website (formerly referred to as the Frontier wholesale website), or such other
electronic notice mechanism that Frontier may make available, at least thirty (30)
days prior to placing an order for a Line Splitting arrangement with such other
CLEC. The other CLEC must have an interconnection agreement with Frontier
that permits it to engage in Line Splitting with EDNETICS. The VLEC shall be
responsible for all rates and charges associated with the subject Loop as well as
rates and charges associated with the DLEC's use of the high frequency portion
of the Loop, including, but not limited to, service order charges, provisioning and
installation charges, central office wiring, loop qualification charges, and OSS
charges.
4.4 In order to facilitate EDNETICS's engaging in Line Splitting pursuant to this
Section 4, EDNETICS may order for use in a Line Splitting arrangement, those
Network Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, appropriate for Line Splitting, that are offered to
EDNETICS by Frontier under the other sections of this Agreement. Such
EDNETICS ID Comp v3.3a_07142010 106
Network Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, will be provided to EDNETICS in accordance with,
and subject to, the rates and charges and other provisions of this Agreement and
Frontier's applicable Tariffs. Frontier shall be obligated to provide Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, for Line Splitting only to the extent required by the
Federal Unbundling Rules.
4.5 EDNETICS 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 Frontier 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 Frontier Tariff; or, (2) the standard
provisioning interval for a Line Splitting arrangement, if any, established in
accordance with the Federal Unbundling Rules. The standard provisioning
interval for a Line Splitting arrangement shall commence only after any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
4.7 Frontier shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either EDNETICS'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
EDNETICS, Frontier shall allow EDNETICS to access Sub-Loops unbundled from local
switching and transport, in accordance with the terms of this Section 6 and the rates and
charges set forth in the Pricing Attachment. Frontier shall allow EDNETICS 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-LooD Arrangement— Distribution (USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by EDNETICS, Frontier shall provide EDNETICS with access to a Sub-
Loop Distribution Facility in accordance with, and subject to, the terms and
provisions of this Section 6.1, the rates set forth in the Pricing Attachment, and
the rates, terms and conditions set forth in Frontier's applicable Tariffs. Frontier
shall provide EDNETICS 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 EDNETICS may request that Frontier reactivate (if available) an
unused drop and NID or provide EDNETICS with access to a drop and
NID that, at the time of EDNETICS's request, Frontier is using to
provide service to the Customer (as such term is hereinafter defined).
6.1.2 Upon site-specific request, EDNETICS may obtain access to the Sub-
Loop Distribution Facility at a technically feasible access point located
near a Frontier remote terminal equipment enclosure at the rates and
EDNETICS ID Compv3.3a_07142010 107
charges provided for in the Pricing Attachment. It is not technically
feasible to access the Sub-Loop Distribution Facility if a technician
must access the facility by removing a splice case to reach the wiring
within the cable. EDNETICS may obtain access to a Sub-Loop
Distribution Facility through any method required by the Federal
Unbundling Rules, in addition to existing methods such as from a
Telecommunications outside plant interconnection cabinet (TOPIC) or,
if EDNETICS is collocated at a remote terminal equipment enclosure
and the FDI for such Sub-Loop Distribution Facility is located in such
enclosure, from the collocation arrangement of EDNETICS at such
terminal. If EDNETICS obtains access to a Sub-Loop Distribution
Facility from a TOPIC, EDNETICS shall install a TOPIC on an
easement or Right of Way obtained by EDNETICS within 100 feet of
the Frontier FDI to which such Sub-Loop Distribution Facility is
connected. A TOPIC must comply with applicable industry standards.
Subject to the terms of applicable Frontier easements, Frontier shall
furnish and place an interconnecting cable between a Frontier FDI and
a EDNETICS TOPIC and Frontier shall install a termination block
within such TOPIC. Frontier shall retain title to and maintain the
interconnecting cable. Frontier shall not be responsible for building,
maintaining or servicing the TOPIC and shall not provide any power
that might be required by EDNETICS for any of EDNETICSs
electronics in the TOPIC. EDNETICS shall provide any easement,
Right of Way or trenching or supporting structure required for any
portion of an interconnecting cable that runs beyond a Frontier
easement.
6.1.3 EDNETICS may request from Frontier by submitting a loop make-up
engineering query to Frontier, and Frontier shall provide to
EDNETICS, the following information regarding a Sub-Loop
Distribution Facility that serves an identified Customer: the Sub-Loop
Distribution Facility's length and gauge; whether the Sub-Loop
Distribution Facility has loading and bridged tap; the amount of bridged
tap (if any) on the Sub-Loop Distribution Facility; and, the location of
the FDI to which the Sub-Loop Distribution Facility is connected.
6.1.4 To order access to a Sub-Loop Distribution Facility from a TOPIC,
EDNETICS must first request that Frontier connect the Frontier FDI to
which the Sub-Loop Distribution Facility is connected to a EDNETICS
TOPIC. To make such a request, EDNETICS must submit to Frontier
an application (a "Sub-Loop Distribution Facility Interconnection
Application") that identifies the FDI at which EDNETICS wishes to
access the Sub-Loop Distribution Facility. A Sub-Loop Distribution
Facility Interconnection Application shall state the location of the
TOPIC, the size of the interconnecting cable and a description of the
cable's supporting structure. A Sub-Loop Distribution Facility
Interconnection Application shall also include a five-year forecast of
EDNETICS's demand for access to Sub-Loop Distribution Facilities at
the requested FDI. EDNETICS must submit the application fee set
forth in the Pricing Attachment attached hereto and Frontier's
applicable Tariffs (a "Sub-Loop Distribution Facility Application Fee")
with Sub-Loop Distribution Facility Interconnection Application.
EDNETICS must submit Sub-Loop Interconnection Applications to:
EDNETICS's Account Manager
EDNETICS ID Comp v3.3a _0714201 0 108
6.1.5 Within sixty (60) days after it receives a complete Sub-Loop
Distribution Facility Interconnection Application for access to a Sub-
Loop Distribution Facility and the Sub-Loop Distribution Facility
Application Fee for such application, Frontier shall provide to
EDNETICS a work order that describes the work that Frontier must
perform to provide such access (a "Sub-Loop Distribution Facility Work
Order") and a statement of the cost of such work (a "Sub-Loop
Distribution Facility Interconnection Cost Statement").
6.1.6 EDNETICS shall pay to Frontier fifty percent (50%) of the cost set forth
in a Sub-Loop Distribution Facility Interconnection Cost Statement
within sixty (60) days of EDNETICS's receipt of such statement and
the associated Sub-Loop Distribution Facility Work Order, and Frontier
shall not be obligated to perform any of the work set forth in such order
until Frontier has received such payment. A Sub-Loop Distribution
Facility Interconnection Application shall be deemed to have been
withdrawn if EDNETICS breaches its payment obligation under this
Section. Upon Frontier's completion of the work that Frontier must
perform to provide EDNETICS with access to a Sub-Loop Distribution
Facility, Frontier shall bill EDNETICS, and EDNETICS shall pay to
Frontier, the balance of the cost set forth in the Sub-Loop Distribution
Facility Interconnection Cost Statement for such access.
6.1.7 After Frontier has completed the installation of the interconnecting
cable to a EDNETICS TOPIC and EDNETICS has paid the full cost of
such installation, EDNETICS can request the connection of Frontier
Sub-Loop Distribution Facilities to the EDNETICS TOPIC. At the
same time, EDNETICS shall advise Frontier of the services that
EDNETICS plans to provide over the Sub-Loop Distribution Facility,
request any conditioning of the Sub-Loop Distribution Facility and
assign the pairs in the interconnecting cable. EDNETICS shall run any
crosswires within the TOPIC.
6.1.8 If EDNETICS requests that Frontier reactivate an unused drop and
NID, then EDNETICS shall provide dial tone (or its DSL equivalent) on
the EDNETICS side of the applicable Frontier FDI at least twenty-four
(24) hours before the due date. On the due date, a Frontier technician
will run the appropriate cross connection to connect the Frontier Sub-
Loop Distribution Facility to the EDNETICS dial tone or equivalent
from the TOPIC. If EDNETICS requests that Frontier provide
EDNETICS with access to a Sub-Loop Distribution Facility that, at the
time of EDNETICS's request, Frontier is using to provide service to a
Customer, then, after EDNETICS has looped two interconnecting pairs
through the TOPIC and at least twenty four (24) hours before the due
date, a Frontier technician shall crosswire the dial tone from the
Frontier central office through the Frontier side of the TOPIC and back
out again to the Frontier FDI and Frontier Sub-Loop Distribution
Facility using the "loop through" approach. On the due date,
EDNETICS shall disconnect Frontier's dial tone, crosswire its dial tone
to the Sub-Loop Distribution Facility and submit EDNETICS's LNP
request.
6.1.9 Frontier will not provide access to a Sub-Loop Distribution Facility if
Frontier is using the loop of which the Sub-Loop Distribution Facility 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
EDNETICSID Comp v3.3a_07142010 109
CLEC first terminates the Frontier-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
6.1.10 Frontier shall provide EDNETICS with access to a Sub-Loop
Distribution Facility in accordance with negotiated intervals
6.1.11 Frontier shall repair and maintain a Sub-Loop Distribution Facility at
the request of EDNETICS and subject to the time and material rates
set forth in Pricing Attachment and the rates, terms and conditions of
Frontier's applicable Tariffs. EDNETICS accepts responsibility for
initial trouble isolation for Sub-Loop Distribution Facilities and
providing Frontier with appropriate dispatch information based on its
test results. If (a) EDNETICS reports to Frontier a Customer trouble,
(b) EDNETICS requests a dispatch, (c) Frontier dispatches a
technician, and (d) such trouble was not caused by Frontier Sub-Loop
Distribution Facility facilities or equipment in whole or in part,
EDNETICS shall pay Frontier the charges set forth in the Pricing
Attachment and Frontier's applicable Tariffs for time associated with
said dispatch. In addition, these charges also apply when the
Customer contact as designated by EDNETICS is not available at the
appointed time. If as the result of EDNETICS instructions, Frontier is
erroneously requested to dispatch to a site on Frontier company
premises ("dispatch in"), the charges set forth in Pricing Attachment
and Frontier's applicable Tariffs will be assessed per occurrence to
EDNETICS by Frontier. If as the result of EDNETICS instructions,
Frontier is erroneously requested to dispatch to a site outside of
Frontier company premises ("dispatch out"), the charges set forth in
Pricing Attachment and Frontier's applicable Tariffs will be assessed
per occurrence to EDNETICS by Frontier.
6.2 [Intentionally Left Blank].
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Frontier shall allow EDNETICS to
collocate equipment in a Frontier 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 EDNETICS, Frontier shall provide EDNETICS with access to
unbundled Dark Fiber Transport in accordance with, and subject to, the rates,
terms and conditions provided in the Pricing Attachment and rates, terms and
conditions of Frontier's applicable Tariffs. Frontier shall not be required to
provide, and EDNETICS 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 Frontier is required to provide EDNETICS with unbundled access to
EDNETICS'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 Frontier Tariff, or otherwise, Frontier shall not be required to
EDNETICS ID Comp v3.3a 07142010 110
provide, and EDNETICS shall not request or obtain, Dark Fiber Transport that
does not connect a pair of Frontier UNE Wire Centers. Access to unbundled
Dark Fiber Transport will be provided by Frontier only where existing facilities are
available except as provided in Section 17 below. Access to Dark Fiber
Transport will be provided in accordance with, but only to the extent required by,
the Federal Unbundling Rules. Dark Fiber Transport consists of Frontier optical
transmission facilities without attached multiplexers, aggregation or other
electronics. To the extent Frontier's Dark Fiber Transport contains any lightwave
repeaters (e.g., regenerators or optical amplifiers) installed thereon, Frontier shall
not remove the same. Except as otherwise required by the Federal Unbundling
Rules, the following terms and conditions apply to Frontier'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 [Intentionally Left Blank].
8.2.2 EDNETICS may access Dark Fiber Transport only at a pre-existing
Frontier accessible terminal of such Dark Fiber Transport, and
EDNETICS 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 EDNETICS unless such Dark Transport is
already terminated on an existing Frontier accessible terminal.
Unused fibers located in a cable vault or a controlled environment
vault, manhole or other location outside the Frontier LINE Wire Center,
and not terminated to a fiber patch panel, are not available to
EDNETICS.
8.2.3 Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Frontier will not perform splicing (e.g., introduce
additional splice points or open existing splice points or cases) to
accommodate EDNETICS's request.
8.2.4 Frontier shall perform all work necessary to install a cross connect or a
fiber jumper from a Frontier accessible terminal to a EDNETICS
collocation arrangement.
8.2.5 A Dark Fiber Inquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of EDNETICS's completed Dark Fiber Inquiry
Form, Frontier will initiate a review of its cable records to determine
whether Dark Fiber Transport may be available between the locations
and in the quantities specified. Frontier will respond within fifteen (15)
Business Days from receipt of the EDNETICS's Dark Fiber Inquiry
Form, indicating whether Dark Fiber Transport may be available (if so
available, an "Acknowledgement") based on the records search except
that for voluminous requests or large, complex projects, Frontier
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, Frontier will provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Frontier Central Offices at the rates set forth in the Pricing Attachment.
In cases where Frontier provides Dark Fiber Transport via an indirect
route as described in this section, EDNETICS shall not be permitted to
access the Dark Fiber Transport at any intermediate central office
between the two Frontier central offices that are the end points of the
EDNETICS ID Camp v3.3a _07142010 111
route. In no event shall Frontier be required to provide Dark Fiber
Transport between two central offices that are the end points of a
route on which Frontier is not required under the Federal Unbundling
Rules to provide Dark Fiber Transport to EDNETICS. Frontier
reserves the right to limit the number of intermediate Frontier Central
Offices on an indirect route consistent with limitations in Frontier's
network design and/or prevailing industry practices for optical
transmission applications. Any limitations on the number of
intermediate Frontier Central Offices will be discussed with
EDNETICS. If access to Dark Fiber Transport is not available,
Frontier will notify EDNETICS, within fifteen (15) Business Days, that
no spare Dark Fiber Transport is available over the direct route nor
any reasonable alternate indirect route, except that for voluminous
requests or large, complex projects, Frontier reserves the right to
negotiate a different interval. Where no available route was found
during the record review, Frontier 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 EDNETICS 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 EDNETICS as indicated on the Dark
Fiber Inquiry Form, Frontier shall hold such requested Dark
Fiber Transport for EDNETICS's use for ten (10) Business
Days from EDNETICS's receipt of Acknowledgement and
may not allow any other party (including Frontier) to use
such fiber during that time period.
8.2.5.3 EDNETICS shall submit an order for the reserved Dark
Fiber Transport as soon as possible using the standard
ordering process or parallel provisioning process as
described in Section 8.2.5.5. The standard ordering
process shall be used when EDNETICS does not have
additional requirements for collocation. The parallel
provisioning process shall be used when EDNETICS
requires new collocation facilities or changes to existing
collocation arrangements.
8.2.5.4 If no order is received from EDNETICS for the reserved
Dark Fiber Transport within ten (10) Business Days from
EDNETICS's receipt of Acknowledgement, Frontier shall
return to spare the reserved Dark Fiber Transport that
Frontier previously notified EDN ETICS are available.
Should EDNETICS submit an order to Frontier after the ten
(10) Business Day reservation period for access to Dark
Fiber Transport that Frontier has previously notified
EDNETICS was available, EDNETICS assumes all risk that
such Dark Fiber Transport will no longer be available.
8.2.5.5 Upon EDNETICS's request, the Parties will conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
EDNETICS ID Comp v3.3a 07142010 112
8.2.5.5.1 EDNETICS will use existing interfaces and
Frontier's current applications and order forms to
request collocation and Dark Fiber Transport.
8.2.5.5.2 Frontier will parallel process EDNETICS's
requests for collocation, including augments,
and Dark Fiber Transport
8.2.5.5.3 Before EDNETICS submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, EDNETICS will:
8.2.5.5.3.1 submit a Dark Fiber Inquiry Form
and receive an Acknowledgement
from Frontier; and
8.2.5.5.3.2 submit a collocation application
for the Frontier Central Office(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Frontier that
EDNETICS's collocation
application has been accepted.
8.2.5.5.4 EDNETICS will prepare requests for parallel
provisioning of collocation and Dark Fiber
Transport in the manner and form reasonably
specified by Frontier.
8.2.5.5.5 If Frontier rejects EDNETICS's Dark Fiber
Transport request, EDNETICS may cancel its
collocation application within five (5) Business
Days of such rejection and receive a refund of
the collocation application fee paid by
EDNETICS, less the costs Frontier incurred to
date.
8.2.5.5.6 If Frontier accepts EDNETICS's Dark Fiber
Transport request, Frontier will parallel provision
the Dark Transport to a temporary location in
Frontier's Central Office(s). Frontier will charge
and EDNETICS will pay for parallel provisioning
of such Dark Fiber Transport at the rates
specified in the Pricing Attachment beginning on
the date that Frontier accepts each Dark Fiber
Transport request.
8.2.5.5.7 Within ten (10) days after Frontier completes a
EDNETICS collocation application, EDNETICS
shall submit a Dark Fiber change request to
reposition Dark Fiber Transport from the
temporary location in that Frontier Central
Office(s) to the permanent location at
EDNETICS's collocation arrangement in such
Frontier Central Office(s). EDNETICS will
prepare such request(s) in the manner and form
specified by Frontier.
EDNETICS ID Comp v3.3a 07142010 113
8.2.5.5.8 If EDNETICS cancels its collocation application,
EDNETICS must also submit a cancellation for
the unbundled Dark Fiber Transport provisioned
to the temporary location in the Frontier Central
Office(s).
8.2.6 EDNETICS shall order Dark Fiber Transport by sending to Frontier a
separate ASR for each A to Z route.
8.2.7 Where a collocation arrangement can be accomplished in a Frontier
premises, access to Dark Fiber Transport that terminates in a Frontier
premises must be accomplished via a collocation arrangement in that
Frontier premises. In circumstances where a collocation arrangement
cannot be accomplished in a Frontier premises, the Parties agree to
negotiate for possible alternative arrangements.
8.2.8 Except as provided in Section 17 below, Dark Fiber Transport will be
offered to EDNETICS in the condition that it is available in Frontiers
network at the time that EDNETICS submits its request (i.e., "as is").
In addition, Frontier shall not be required to convert lit fiber to Dark
Fiber Transport for EDNETICS'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 EDNETICS as Dark Fiber Transport.
8.2.10 Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Frontier's lit fiber optic systems will not
be offered to EDNETICS as Dark Fiber Transport.
8.2.11 EDNETICS shall be responsible for providing all transmission,
terminating and lightwave repeater equipment necessary to light and
use Dark Fiber Transport.
8.2.12 EDNETICS may not resell Dark Fiber Transport, purchased pursuant
to this Agreement to third parties.
8.2.13 Except to the extent that Frontier is required by the Federal
Unbundling Rules to provide Dark Fiber Transport to EDNETICS for
use for Special or Switched Exchange Access Services, EDNETICS
shall not use Dark Fiber Transport, for Special or Switched Exchange
Access Services.
8.2.14 In order to preserve the efficiency of its network, Frontier may, upon a
showing of need to the Commission, limit EDNETICS to leasing up to
a maximum of twenty-five percent (25%) of the Dark Fiber Transport in
any given segment of Frontier's network Inaddition, except as
otherwise required by the Federal Unbundling Rules, Frontier 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 EDNETICS upon a
showing of need to the Commission and twelve (12)
months' advance written notice to EDNETICS; and
EDNETICS ID Comp v3.3a _071 42010 114
8.2.14.2 Frontier reserves and shall not waive, Frontier's right to
claim before the Commission that Frontier should not have
to fulfill a EDNETICS 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 EDNETICS, or impair Frontier's ability to
meet a legal obligation.
8.2.15 Except as expressly set forth in this Agreement, EDNETICS may not
reserve Dark Fiber Transport.
8.2.16 EDNETICS shall be solely responsible for: (a) determining whether or
not the transmission characteristics of the Dark Fiber Transport
accommodate the requirements of EDNETICS; (b) obtaining any
Rights of Way, governmental or private property permit, easement or
other authorization or approval required for access to the Dark Fiber
Transport; (c) installation of fiber optic transmission equipment needed
to power the Dark Fiber Transport to transmit permitted traffic; and (d)
except as set forth with respect to the parallel provisioning process
addressed above, EDNETICS's collocation arrangements with any
proper optical cross connects or other equipment that EDNETICS
needs to access Dark Fiber Transport before it submits an order for
such access. EDNETICS 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 EDNETICS places an
order for the applicable Dark Fiber Transport, and that it shall maintain
the same going forward.
8.2.17 EDNETICS is responsible for trouble isolation before reporting trouble
to FrOntier. Frontier will restore continuity to Dark Fiber Transport that
has been broken. Frontier will not repair Dark Fiber Transport that is
capable of transmitting light, even if the transmission characteristics of
the Dark Fiber Transport has changed.
8.2.18 [Intentionally Left Blank].
8.2.19 EDNETICS may request the following, which shall be provided on a
time and materials basis (as set forth in the Pricing Attachment):
8.2.19.1 [Intentionally Left Blank].
8.2.19.2 A field survey that shows the availability of Dark Fiber
Transport between two or more Frontier Central Offices,
shows whether or not such Dark Fiber Transport is
defective, shows whether or not such Dark Fiber Transport
has been used by Frontier for emergency restoration
activity, and tests the transmission characteristics of
Frontier's Dark Fiber Transport. If a field survey shows that
Dark Fiber Transport is available, EDNETICS may reserve
the Dark Fiber Transport, as applicable, for ten (10)
Business Days from receipt of Frontier's field survey results.
If EDNETICS submits an order for access to such Dark
Fiber Transport after passage of the foregoing ten (10)
Business Day reservation period, Frontier does not
guarantee or warrant the Dark Fiber Transport will be
available when Frontier receives such order, and
EDNETICS ID Comp v3.3a_07142010 115
EDNETICS assumes all risk that the Dark Fiber Transport
will not be available. Frontier shall perform a field survey
subject to a negotiated interval. If a EDNETICS submits an
order for Dark Fiber Transport without first obtaining the
results of a field survey of such Dark Fiber Transport,
EDNETICS assumes all risk that the Dark Fiber Transport
will not be compatible with EDNETICS's equipment,
including, but not limited to, order cancellation charges.
8.3 Transitional Provision of Embedded Dark Fiber Loops.
Notwithstanding any other provision of this Agreement, Frontier is not required to
provide, and EDNETICS may not obtain, unbundled access to any Dark Fiber
Loop; provided, however, that if EDNETICS leased a Dark Fiber Loop from
Frontier as of March 11, 2005, EDNETICS may continue to lease that Dark Fiber
Loop at transitional rates provided for in the TRRO until September 10, 2006,
and not beyond that date. The Parties acknowledge that Frontier, prior to the
Effective Date, has provided EDNETICS with any required notices of
discontinuance of Dark Fiber Loops, and that no further notice is required for
Frontier to exercise its rights with respect to discontinuance of Dark Fiber Loops.
Network Interface Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by EDNETICS, Frontier shall permit EDNETICS to connect a EDNETICS
Loop to the Inside Wiring of a Customer's premises through the use of a Frontier
NID in accordance with this Section 9 and the rates and charges provided in the
Pricing Attachment. Frontier shall provide EDNETICS with access to NIDs in
accordance with, but only to the extent required by, the Federal Unbundling
Rules. EDNETICS may access a Frontier NID either by means of a connection
(but only if the use of such connection is technically feasible) from an adjoining
EDNETICS NID deployed by EDNETICS or, if an entrance module is available in
the Frontier NID, by connecting a EDNETICS Loop to the Frontier NID. When
necessary, Frontier will rearrange its facilities to provide access to an existing
Customer's Inside Wire. An entrance module is available only if facilities are not
connected to it.
9.2 In no case shall EDNETICS access, remove, disconnect or in any other way
rearrange Frontier's Loop facilities from Frontier's NIDs, enclosures, or
protectors.
9.3 In no case shall EDNETICS access, remove, disconnect or in any other way
rearrange, a Customer's Inside Wiring from Frontier'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 EDNETICS remove or disconnect ground wires from Frontier's
NIDs, enclosures, or protectors.
9.5 In no case shall EDNETICS remove or disconnect NID modules, protectors, or
terminals from Frontier'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).
EDNETICS ID Comp v3.3a _07142010 116
9.7 When EDNETICS is connecting a EDNETICS-provided Loop to the Inside Wiring
of a Customer's premises through the Customer's side of the Frontier MD,
EDNETICS does not need to submit a request to Frontier and Frontier shall not
charge EDNETICS for access to the Frontier NID. In such instances, EDNETICS
shall comply with the provisions of Sections 9.2 through 9.7 of this Attachment
and shall access the Customer's Inside Wire in the manner set forth in Section
9.8 of this Attachment.
9.8 Due to the wide variety of NIDs utilized by Frontier (based on Customer size and
environmental considerations), EDNETICS 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, EDNETICS may remove the Inside
Wiring from the Customer's side of the Frontier NID and connect that
Inside Wiring to EDNETICS's NID.
9.8.2 Where an adequate length of Inside Wiring is not present or
environmental conditions do not permit, EDNETICS may enter the
Customer side of the Frontier NID enclosure for the purpose of
removing the Inside Wiring from the terminals of Frontier's NID and
connecting a connectorized or spliced jumper wire from a suitable
"punch out" hole of such NID enclosure to the Inside Wiring within the
space of the Customer side of the Frontier 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 Frontier
NID.
9.8.3 EDNETICS may request Frontier to make other rearrangements to the
Inside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting party (i.e.
EDNETICS, its agent, the building owner or the Customer). If
EDNETICS accesses the Customer's Inside Wiring as described in
this Section 9.8.3, time and materials charges will be billed to the
requesting party (i.e. EDNETICS, its agent, the building owner or the
Customer).
10.[This Section Intentionally Left Blank]
11.Dedicated Transport
11.1 Subject to the conditions set forth in Section 1 of this Attachment, where facilities
are available, at EDNETICS's request, Frontier shall provide EDNETICS with
Dedicated Transport unbundled from other Network Elements at the rates set
forth in the Pricing Attachment. Frontier shall provide EDNETICS with such
Dedicated Transport in accordance with, but only to the extent required by, the
Federal Unbundling Rules. Except as provided in Section 17 below, Frontier will
not install new electronics, and Frontier will not build new facilities. For the
avoidance of any doubt, notwithstanding any other provision of this Agreement,
Frontier shall not be required to provide, and EDNETICS shall not request or
obtain, unbundled access to shared (or common) transport, or any other
interoffice transport facility that does not meet the definition of Dedicated
Transport.
11.2 If and, to the extent that, EDNETICS has purchased (or purchases) transport
from Frontier under a Frontier Tariff or otherwise, and EDNETICS has a right
under the Federal Unbundling Rules to convert (and wishes to convert) such
EDNETICS ID Comp v3.3a 07142010 117
transport to unbundled Dedicated Transport under this Agreement, it shall give
Frontier written notice of such request (including, without limitation, through
submission of ASRs if Frontier so requests) and provide to Frontier all
information (including, without limitation, a listing of the specific circuits in
question) that Frontier reasonably requires to effectuate such conversion. In the
case of any such conversion, EDNETICS shall pay any and all conversion
charges (e.g., non-recurring charges), as well as any and all termination
liabilities, minimum service period charges and like charges in accordance with
Frontier's applicable Tariffs. If the transport to be converted comprises a portion
of a High Capacity EEL (as defined in Section 16.2.1 below), the applicable
provisions of Section 16 below shall apply.
12.[This Section Intentionally Left Blank]
13.Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attachment, Frontier shall provide EDNETICS with access via
electronic interfaces to databases required for pre-ordering, ordering, provisioning,
maintenance and repair, and billing. Frontier shall provide EDNETICS with such access
in accordance with, but only to the extent required by, the Federal Unbundling Rules. All
such transactions shall be submitted by EDNETICS through such electronic interfaces.
14.Availability of Other Network Elements on an Unbundled Basis
14.1 Any request by EDNETICS for access to a Frontier Network Element that is not
already available and that Frontier 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. EDNETICS shall
provide Frontier access to its Network Elements as mutually agreed by the
Parties or as required by the Federal Unbundling Rules.
14.2 Notwithstanding anything to the contrary in this Section 14, a Party shall not be
required to provide a proprietary Network Element to the other Party under this
Section 14 except as required by the Federal Unbundling Rules.
14.3 Network Element Bona Fide Request (BFR).
14.3.1 Each Party shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Party hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992)
259 and n.603 or subsequent orders. -
14.3.2 A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
14.3.3 The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
14.3.4 Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
EDNETICS ID Comp v3.3a_07142010 118
14.3.5 Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Party
shall provide to the requesting Party a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Party will offer access to the Network
Element or will provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
14.3.6 If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by the Federal Unbundling Rules, it shall
promptly proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
Party. When it receives such authorization, the receiving Party shall
promptly develop the requested services, determine their availability,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252(d)(1) of the Act.
14.3.7 As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party
a Network Element Bona Fide Request quote which will include, at a
minimum, a description of each Network Element, the availability, the
applicable rates, and the installation intervals.
14.3.8 Within thirty (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Party must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
14.3.9 If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Party may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
15. Maintenance of Network Elements
If (a) EDNETICS reports to Frontier a Customer trouble, (b) EDNETICS requests a
dispatch, (c) Frontier dispatches a technician, and (d) such trouble was not caused by
Frontier's facilities or equipment in whole or in part, then EDNETICS shall pay Frontier a
charge set forth in the Pricing Attachment for time associated with said dispatch. In
addition, this charge also applies when the Customer contact as designated by
EDNETICS is not available at the appointed time. EDNETICS accepts responsibility for
initial trouble isolation and providing Frontier with appropriate dispatch information based
on its test results. If, as the result of EDNETICS instructions, Frontier is erroneously
requested to dispatch to a site on Frontier company premises ("dispatch in"), a charge set
forth in the Pricing Attachment will be assessed per occurrence to EDNETICS by
Frontier. If as the result of EDNETICS instructions, Frontier is erroneously requested to
dispatch to a site outside of Frontier company premises ("dispatch out"), a charge set
forth in the Pricing Attachment will be assessed per occurrence to EDNETICS by
Frontier. Frontier agrees to respond to EDNETICS trouble reports on a non-
EDNETICS ID Comp v3.3a_07142010 119
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 Frontier will not prohibit the commingling of a Qualifying UNE with
Qualifying Wholesale Services, but only to the extent and so long as
commingling and provision of such Network Element (or combination
of Network Elements) is required by the Federal Unbundling Rules.
Moreover, to the extent and so long as required by the Federal
Unbundling Rules, Frontier shall, upon request of EDNETICS, perform
the functions necessary to commingle Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of the applicable
access Tariff or separate non-251 agreement will apply to the
Qualifying Wholesale Services, and the rates, terms and conditions of
the Agreement or the Frontier UNE Tariff, as applicable, will apply to
the Qualifying UNEs; provided, however, that a nonrecurring charge
will apply for each UNE circuit that is part of a commingled
arrangement, as set forth in the Pricing Attachment. In addition, if any
commingling requested by EDNETICS requires Frontier to perform
physical work that Frontier is required to perform under the Federal
Unbundling Rules, then Frontiers standard charges for such work
shall apply or, in the absence of a standard charge, a fee calculated
using Frontiers 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, i.e., a pricing mechanism that involves billing 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.
Frontier may exclude its performance in connection with the
provisioning of commingled facilities and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
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 Frontier is already required to provide to EDNETICS
under the Agreement and the Federal Unbundling Rules. Nothing
contained in Section 16.1 shall be deemed to limit any right of Frontier
under the Agreement to cease providing a facility that is or becomes a
Discontinued Facility.
16.2 Service Eligibility Criteria for Certain Combinations and Commingled Facilities
and Services. Subject to the conditions set forth in Sections 1 and 16.1 of this
Attachment:
16.2.1 Frontier shall not be obligated to provide:
16.2.1.1 an unbundled DS1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
EDNETICS ID Comp v3.3a 07142010 120
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
Frontier is required by the Federal Unbundling Rules to do so, and then
not unless and until EDNETICS, using an ASR, certifies to Frontier that
each combined or commingled DS1 circuit or DS1 equivalent circuit of a
High Capacity EEL satisfies each of the service eligibility criteria on a
circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318. EDNETICS
must remain in compliance with said service eligibility criteria for so long
as EDNETICS continues to receive the aforementioned combined or
commingled facilities and/or services from Frontier and EDNETICS shall
immediately notify Frontier at such time as a certification ceases to be
accurate. The service eligibility criteria shall be applied to each
combined or commingled DS1 circuit or DS1 equivalent circuit of a High
Capacity EEL. If any combined or commingled DS1 circuit or DS1
equivalent circuit of a High Capacity EEL is, becomes, or is subsequently
determined to be, noncompliant, the noncompliant High Capacity EEL
circuit will be treated as described in Section 16.2.2 below. The
foregoing shall apply whether the High Capacity EEL circuits in question
are being provisioned to establish a new circuit or to convert an existing
wholesale service, or any part thereof, to unbundled network elements.
For existing High Capacity EEL circuits, EDNETICS, within thirty (30)
days of the Effective Date to the extent it has not already done so prior to
the Effective Date of this Agreement, must re-certify, using an ASR, that
each DS1 circuit or DS1 equivalent circuit satisfies the service eligibility
criteria on a circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318.
Any existing High Capacity EEL circuits that EDNETICS leased from
Frontier as of the Effective Date of this Agreement that EDNETICS fails
to re-certify as required by this Section by the end of such 30-day period
shall be treated as a non-compliant circuit as described under Section
16.2.2 below effective as of the Effective Date of this Agreement.
16.2.2 Without limiting any other right Frontier may have to cease providing
circuits that are or become Discontinued Facilities, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
16.2 and EDNETICS has not submitted an LSR or ASR, as
appropriate, to Frontier requesting disconnection of the noncompliant
facility and has not separately secured from Frontier an alternative
arrangement to replace the noncompliant High Capacity EEL circuit,
then Frontier, to the extent it has not already done so prior to
execution of this Agreement, shall reprice the subject High Capacity
EEL circuit (or portion thereof that had been previously billed at UNE
rates), effective beginning on the date on which the circuit became
non-compliant by application of a new rate (or, in Frontiers sole
discretion, by application of a surcharge to an existing rate) to be
EDNETICS ID Comp v3.3a _071420I0 121
equivalent to an analogous access service or other analogous
arrangement that Frontier shall identify in a written notice to
EDNETICS.
16.2.3 Each certification to be provided by EDNETICS 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 91 1/E-911 database; (d) the collocation
termination connecting facility assignment for each circuit, showing
that the collocation arrangement was established pursuant to 47
U.S.C. § 251 (c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DS1 circuit. There must be one such identification number per every
24 DS1 circuits; and (f) the local switch that serves each DS1 circuit.
When submitting an ASR for a circuit, this information must be
contained in the Remarks section of the ASR, unless provisions are
made to populate other fields on the ASR to capture this information.
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 will result in a change in circuit
identification (circuit ID) from access to UNE or UNE to access. If
such change in circuit ID requires that the affected circuit(s) be
retagged, then a retag fee per circuit will apply as specified in the
Pricing Attachment.
16.2.6 All requests for conversions will be handled in accordance with
Frontier's conversion guidelines. Each request will be handled as a
project and will be excluded from all ordering and provisioning metrics.
16.3 Once per calendar year, Frontier may obtain and pay for an independent auditor
to audit EDNETICS's compliance in all material respects with the service
eligibility criteria applicable to High Capacity EELs. Any such audit shall be
performed in accordance with the standards established by the American
Institute for Certified Public Accountants, and may include, at Frontier'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 EDNETICS failed to comply with the service eligibility criteria,
then (without limiting Frontier's rights under Section 16.2.2 above) EDNETICS
must convert all noncompliant circuits to the appropriate service, true up any
difference in payments, make the correct payments on a going-forward basis,
and reimburse Frontier for the cost of the independent auditor within thirty (30)
days after receiving a statement of such costs from Frontier. Should the
independent auditor confirm EDNETICS's compliance with the service eligibility
criteria, then EDNETICS shall provide to the independent auditor for its
verification a statement of EDNETICS's out-of-pocket costs of complying with
any requests of the independent auditor, and Frontier shall, within thirty (30) days
of the date on which EDNETICS submits such costs to the auditor, reimburse
EDNETICS for its out-of-pocket costs verified by the auditor. EDNETICS shall
maintain records adequate to support its compliance with the service eligibility
criteria for each DS1 or DS1 equivalent circuit for at least eighteen (18) months
after the service arrangement in question is terminated.
17. Routine Network Modifications
EDNETICS ID Compv3.3a_07142010 122
17.1 General Conditions. In accordance with, but only to the extent required by, the
Federal Unbundling Rules, and subject to the conditions set forth in Section 1 of
this Attachment:
17.1.1 Frontier shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by EDNETICS 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 modifications that Frontier 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 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 Frontier regularly undertakes for
its own Customers and may include, but are not limited to, splicing of
in-place dark fiber at existing splice points; accessing manholes;
deploying bucket trucks to reach aerial cable; and routine activities, if
any, needed to enable EDNETICS to light a Dark Fiber Transport
facility that it has obtained from Frontier under the Agreement.
Frontier 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 facilities,
trenching, the pulling 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. Frontier shall
not be required to build any time division multiplexing (TDM) capability
into new packet-based networks or into existing packet-based
networks that do not already have TDM capability. Frontier shall not
be required to perform any routine network modifications to any facility
that is or becomes a Discontinued Facility.
17.2 Performance Plans. Frontier 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 Frontier to provide on an unbundled basis under the Federal
Unbundling Rules any facility that this Agreement does not otherwise require
Frontier to provide on an unbundled basis under the Federal Unbundling Rules,
(b) to obligate Frontier to provide on an unbundled basis under the Federal
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facility, or (c) to limit any right of
Frontier under the Agreement, any Frontier Tariff or SGAT, or otherwise, to
cease providing a Discontinued Facility.
18. Rates and Charges
The rates and charges for UNEs, Combinations, Commingling, routine network
modifications, and other services, facilities and arrangements, offered under this
EDNETICS ID compv3.3ao7142o10 123
Attachment shall be as provided in this Attachment and the Pricing Attachment.
19. Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of Idaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with EDNETICS reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
EDNETICS I Compv3.3a_07142010 124
COLLOCATION ATTACHMENT
1. Frontier's Provision of Collocation
Frontier shall provide to EDNETICS, in accordance with this Agreement, Frontier's
applicable federal and state Tariffs and the requirements of Applicable Law, Collocation
for the purpose of facilitating EDNETICS's interconnection with Frontier under 47 U.S.C.
§ 251 (c)(2) or access to Unbundled Network Elements of Frontier; provided, that
notwithstanding any other provision of this Agreement or a Tariff, Frontier shall be
obligated to provide Collocation to EDNETICS only to the extent required by Applicable
Law and may decline to provide Collocation to EDNETICS 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
Frontier to provide (and, for the avoidance of any doubt, Frontier may decline to provide
and/or cease providing) Collocation that, if provided by Frontier, would be used by
EDNETICS to obtain unbundled access to any network element: (a) that Frontier is not
required to unbundle under 47 U.S.C. § 251 (c)(3) or (b) that Frontier is not required to
unbundle under 47 C.F.R. Part 51.
Because the Commission rejected Frontier's Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29, 2000, Frontier 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 Frontier's Collocation Tariff Advice
No. 00-05 is permitted to go into effect or until such time as Frontier files another
Collocation Tariff in Idaho. At such time as the Commission's decision is reversed and
Frontier's Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Frontier Collocation Tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions will be rendered ineffectual, and Frontier
shall provide Collocation to EDNETICS in accordance with the terms and conditions set
forth in Frontier's Collocation Tariff, and Frontier 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 Frontier shall provide
Collocation services to EDNETICS. Collocation provides for access to Frontier's
"premises", for the purpose of interconnection and/or access to Unbundled Network
Elements (UNEs). For the purposes of this Attachment, "premises" is defined to include
Frontier's central offices, serving Wire Centers, and all other buildings or similar
structures owned, leased, or otherwise controlled by Frontier that house Frontier's
network facilities. Collocation at Frontier's Wire Centers and access tandems shall be
accomplished through caged, cageless, virtual or microwave service offerings, as
described below, except if not practical for technical reasons or due to space limitations.
In such event, Frontier shall provide adjacent Collocation or other methods of Collocation,
subject to space availability and technical feasibility. In accordance with, but only to the
extent required by Applicable Law, Frontier shall also offer rates, terms and conditions for
Collocation services that are not expressly addressed in this Attachment or Frontier
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 Frontier premises.
EDNETICS ID Camp v3.3a _07142010 125
1.1.2 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 Frontier 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 HG 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 HG and GC(s) must each be interconnected to Frontier for the
exchange of traffic with Frontier and/or to access unbundled network
elements. Frontier will not issue separate billing for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Frontier will provide the HO with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HG will be responsible for ordering and
payment of all Collocation applicable services ordered by the HO and
GC(s). The HG and GC will be responsible for ordering their own
unbundled network elements from Frontier. Frontier will separately bill
the HG and/or GC(s) for unbundled network elements ordered. The
HG and GC(s) are Frontier'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 HG is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment will apply to shared
caged Collocation requirements.
1.1.3 Subleased Caged. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third party(s) for
the purpose of interconnection and/or for access to UNEs in Frontier
premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third party(s) pursuant to terms and
conditions agreed to by the CLEC and the third party(s) involved. The
CLEC and third party(s) must each be interconnected to Frontier for
the exchange of traffic with Frontier and/or to access unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Frontier will not issue separate
billing for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
party(s). The CLEC will be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
party(s). Each CLEC and third party will be responsible for ordering
their own unbundled network elements from Frontier. Frontier will
separately bill the CLEC and third party/parties for unbundled network
elements ordered. The CLEC and third party(s) are Frontier'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 will apply to subleased caged Collocation
requirements.
EDNETICS ID Comp v3.3a.07142010 126
1.1.4 Cageless. Cageless Collocation is a form of Collocation in which
CLECs can place their equipment in Frontier premises. A cageless
Collocation arrangement allows a CLEC, using Frontier approved
vendors, to install equipment in single bay increments in an area
designated by Frontier. The equipment location will be designated by
Frontier and will vary based on individual Frontier premise
configurations. CLEC equipment will not share the same equipment
bays with Frontier equipment.
1.1.5 Adiacent. An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Frontier property for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Frontier's premise for caged and cageless
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Frontier property that adheres to local
building code, zoning requirements, and Frontier building standards.
EDNETICS is responsible for complying with all zoning requirements,
any federal, state or local regulations, ordinances and laws, and
obtaining all associated permits. Frontier may, where required,
participate in the zoning approval and permit acquisitions. EDNETICS
may not take any action in establishing an adjacent structure that will
force Frontier to violate any zoning requirements or any federal, state,
or local regulations, ordinances, or laws.
Any construction by EDNETICS on Frontier property must comply with
Frontier's technical specifications as they relate to environmental safety
and grounding requirements. Frontier will make available power and
physical Collocation services to EDNETICS in the same non-
discriminatory manner as it provides itself for its own remote equipment
buildings (REB5).
1.1.6 Virtual. Under virtual Collocation, Frontier installs and maintains
EDNETICS provided equipment which is dedicated to the exclusive
use of the EDNETICS in a Collocation arrangement. Additional details
on virtual Collocation are set forth in Section 1.9.
1.1.7 Microwave. Physical Collocation of microwave transmission facilities
will be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
EDNETICS or Frontier provided facilities, equipment and support
structures located in, on or above the exterior walls and roof of
Frontier 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. EDNETICS must request Collocation
arrangements through Frontier's designated point of
contact. Completed applications for Collocation must be
sent directly to Frontier's Collocation Project Manager at the
following address: Collocation Project Manager, Frontier,
***COLLOCATION ADDRESS/FAX/EMAIL INFORMATION
EDNETICS ID Camp v3.3a _07142010 127
HERE***. Additional information and requirements
regarding Collocation may be obtained from Frontier's
public website www.frontier.com
1.2.1.2 Application Form/Fee. EDNETICS requesting Collocation
at a Frontier premise will be required to complete the
application form and submit the non-refundable engineering
fee set forth in the Pricing Attachment, described in Section
1.5.1, for each Frontier premise at which Collocation is
requested. The application form will require EDNETICS to
provide all engineering, floor space (where applicable),
power, environmental and other requirements necessary for
the function of the service. EDNETICS will provide Frontier
with specifications for any non-standard or special
requirements at the time of application. Frontier reserves
the right to assess the customer any additional charges on
an individual case basis ("lOB") associated with complying
with the requirements. Any such charges shall be noticed
to EDNETICS.
Frontier will process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Frontiers receipt of
a completed application form and the non-refundable
engineering fee.
1.2.2 Space Availability. Subject to forecasting requirements, Frontier will
inform EDNETICS whether space is available to accommodate
EDNETICS's request within eight (8) Business Days after receipt of a
completed application. Frontier's response will be one of the following:
1.2.2.1 There is space and Frontier will proceed with the
arrangement.
1.2.2.2 There is no space. Frontier will proceed as described in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Frontier will
determine whether space can be made available and will
notify EDNETICS within twenty (20) Business Days. At the
end of this period, Frontier will proceed as described in
1.2.2.1 or 1.2.2.2 above.
1.2.3 Collocation Schedule. If space is available, Frontier will provide to
EDNETICS a Collocation schedule describing Frontier's ability to meet
the physical Collocation request within eight (8) Business Days after
receipt of a completed application. EDNETICS shall have nine (9)
Business Days from receipt of a Frontier provided Collocation
schedule to pay 50% of the NRCs associated with the ordered
Collocation services.
If the application is deficient, Frontier will specify in writing, within eight
(8) Business Days, the information that must be provided by
EDNETICS in order to complete the application, If EDNETICS
resubmits a revised application curing any deficiencies in its original
application within ten (10) calendar days after being informed of them,
EDNETICS shall retain its position within the Collocation application
queue.
EDNETICS ID Camp v3.3a 07142010 128
1.2.4 [Intentionally Left Blank].
1.2.5 Augmentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to EDNETICS 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 outlined below. The definition of a
major or minor augment is as follows: -
1.2.5.1 Major augments of Collocation arrangements are those
requests that: (a) require AC or DC power; (b) add
equipment that generates more BTU's of heat, or (c)
increase the floor space over what EDNETICS requested in
its original application. A complete application and
engineering fee will be required when submitting a request
that requires a major augment.
1.2.5.2 Minor augments of Collocation arrangements will require
the submission of a complete application form and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what EDNETICS requested in its original
application. The requirements of a minor augment request
cannot exceed the capacity of the existing/proposed
electrical, power or HVAC system. Requests for additional
DSO, DS1, and DS3 facility terminations to access Frontier'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 Frontier to perform a service or
function on behalf of EDNETICS including but not limited to:
installation of virtual equipment cards or software upgrades,
removal of virtual equipment, requests to pull cable from
exterior microwave facilities, and requests to terminate DSO,
DS1 and DS3 cables.
Minor augments that do not require a fee are those
augments performed solely by EDNETICS, that do not
require Frontier to provide a service or function on behalf of
EDNETICS, including but not limited to, requests to install
additional equipment in EDNETICS Collocation space.
Prior to the installation of the additional equipment,
EDNETICS agrees to provide Frontier an application form
with an updated equipment listing that includes the new
equipment to be installed in EDNETICS's Collocation
arrangement. Once the equipment list is submitted to
Frontier, EDNETICS may proceed with the augment.
EDNETICS agrees that changes in equipment provided by
EDNETICS under this provision will not exceed the
engineering specifications for power and HVAC as
requested on original application. All augments will be
EDNETICS ID Comp v3.3a 07142010 129
subject to Frontier inspection, in accordance with term of
this contract for the purpose of ensuring compliance with
Frontier safety standards.
1.2.6 Expansion. Frontier will not be required to construct additional space
to provide for EDNETICS Collocation when available space has been
exhausted. Where EDNETICS seeks to expand its existing
Collocation space, Frontier shall make contiguous space available to
the extent possible; provided, however, Frontier does not guarantee
contiguous space to EDNETICS to expand its existing Collocation
space. EDNETICS requests for expansion of existing space within a
specific Frontier premise will require the submission of an application
form and the appropriate major augment fee.
1.2.7 Relocation. EDNETICS requests for relocation of the termination
equipment from one location to a different location within the same
Frontier premise will be handled on an ICB basis. EDNETICS will be
responsible for all costs associated with the relocation of its
equipment.
1.3 Installation and Operation.
1.3.1 Joint Plannina and lmDlementation Levels for Physical Collocation.
Frontier and EDNETICS shall work cooperatively in meeting the
standard implementation milestones and deliverables as determined
during the joint planning process. The physical (caged and cageless)
Collocation arrangement implementation interval is seventy-six (76)
Business Days for all standard arrangement requests which were
properly forecast six (6) months prior to the application date, subject to
the conditions set forth for forecasting and capacity. Major
construction obstacles or special EDNETICS requirements may
extend the interval by fifteen (15) Business Days, resulting in a ninety-
one (91)-Business Day interval.
1.3.1.1 The interval for Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1.3.1.4 as well as the conditions for forecasting and
capacity, is forty-five (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.1.1.1 8002 wire voice grade terminations, or
1.3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600 line sharing/line splitting facilities, where line
sharing/splitting already exists within the central
office and where EDNETICS is eligible for line
sharing/line splitting, or
1.3.1.1.4 28 DS1 terminations, or
1.3.1.1.5 24 DS3 terminations, or
1.3.1.1.6 l2 fiber terminations, or
EDNETICS ID Compv3.3a_07142010 130
1.3.1.1.7 Conversion of 2 wire voice grade to 4 wire
(minimum 100– maximum 800), or
1.3.1.1.8 2 feeds (1A and 1B) DC power fused at 60 amps
or less, or
1.3.1.1.9 DC Power as defined in 8 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 of the following: a) 28 DS1
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. EDNETICS must have 100%
of all cables terminated to the existing cross
connects for the one additional item selected
and the in-service capacity of that selection must
be at 85% utilization or above unless
EDNETICS can demonstrate to Frontier that: a)
the previous two months trend in growth would
exceed 100% of the available capacity by the
end of the forty-five (45) Business Day augment
interval; or b) other good cause or causes that
EDNETICS cross connect capacity may be
exceeded by the end of the forty-five (45)
Business Day augment interval.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard implementation milestones will
apply, in Business Days, unless Frontier and EDNETICS
jointly decide otherwise:
1.3.1.3.1 Day 1—EDNETICS submits completed
application and associated fee.
1.3.1.3.2 Day 8—Frontier notifies EDNETICS that request
can be accommodated and advises of due date.
1.3.1.3.3 Day 1 7—EDNETICS notifies Frontier of its intent
to proceed and submits 50% payment.
1.3.1.3.4 Day 30—Material ships and is received at
vendor warehouse; EDNETICS provided
splitters delivered to vendor warehouse (Line
Sharing Option C only,-and applicable only
where EDNETICS is eligible for line sharing/line
splitting).
1.3.1.3.5 Day 45—Augment (as defined herein)
completes.
1.3.1.3.6 Day 76—Frontier and EDNETICS attend
Collocation acceptance meeting and Frontier
turns over the Collocation arrangement to
EDNETICS. Day 76 also applies to completion
of other augments not defined herein.
EDNETICS ID Compv3.3a_07142010 131
1.3.1.4 The forty-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
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
existing Battery Distribution Fuse Boards
(BDFB5).
1.3.1.4.2 The EDNETICS must install sufficient equipment
to support requested terminations/facilities.
1.3.1.4.3 In large central offices with complex cable runs
(i.e., multiple floors), the Frontier may request to
negotiate extensions to the forty-five (45)
Business Day interval.
1.3.1.5 A preliminary schedule will be developed outlining major
milestones. EDNETICS and Frontier control various interim
milestones they must complete in order to meet the overall
intervals. The interval clock will stop, and the final due date
will be adjusted accordingly, for each milestone EDNETICS
misses (day for day). When Frontier becomes aware of the
possibility of vendor delays, Frontier will first contact
EDNETICS to attempt to negotiate a new interval. If
Frontier and EDNETICS cannot agree, the dispute will be
submitted to the Commission for prompt resolution. Frontier
and EDNETICS 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. Frontier will permit EDNETICS
to schedule one escorted visit to EDNETICS's Collocation
space during construction. The applicable labor rates in the
Pricing Attachment will be applied for the escorted visit. In
the case of extended intervals resulting from within Frontier's
control or resulting from vendor delays, and provided the
necessary security is in place, Frontier will permit EDNETICS
access to the Collocation arrangement to install equipment
while the delayed work is completed, so long as it is safe to do
so and EDNETICS's work does not impair or interfere with
Frontier in completing Frontier's work. Prior to EDNETICS
beginning the installation of its equipment, EDNETICS must
sign a conditional acceptance of the Collocation arrangement.
If EDNETICS elects to accept the space prior to the scheduled
completion, occupancy fees shall commence upon signing a
conditional acceptance of the space by EDNETICS.
1.3.1.6 Intervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by EDNETICS
and Frontier.
1.3.1.7 Frontier will 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
EDNETICS ID Comp v3.3a _071 42010 132
based on negotiations with the site preparation vendor(s).
Frontier will use its best efforts to minimize the additional
time required to condition Collocation space, and will inform
EDNETICS of the time estimates as soon as possible.
1.3.2 Forecasting and Use of Data.
1.3.2.1 Frontier will request forecasts from EDNETICS on a semi-
annual basis, with each forecast covering a two-year period.
EDNETICS will be required to update the near-term (6-
month) forecasted application dates. Information requested
will include central office, month applications are expected
to be sent, requested in-service month, preference for
virtual or physical (caged or cageless) Collocation, square
footage required (physical), high-level list of equipment to
be installed (virtual), and anticipated splitter arrangements
where EDNETICS is eligible for line sharing/line splitting.
For augments, EDNETICS may elect to substitute
alternative CLLI codes within a LATA for the forecasted
demand.
If Frontier has a written guarantee of reimbursement, it will
examine forecasts for offices in which it is necessary to
condition space, and discuss these forecasts with EDNETICS
to determine the required space to be conditioned. If Frontier
commits to condition space based on forecasts and if
EDNETICS is assigned space, EDNETICS will give Frontier a
non-refundable deposit equal to the application fee. Frontier
will perform initial reviews of requested central offices
forecasted for the next six months to identify potential problem
sites. Frontier will consider forecasts in staffing decisions.
Frontier will enter into planning discussions with EDNETICS to
validate forecasts, discuss flexibility in potential trouble areas,
and assist in application preparation.
1.3.2.2 Unforecasted demand (including augments) will be given a
lesser priority than forecasted demand. Frontier will make
every attempt to meet standard intervals for unforecasted
requests. However, if unanticipated requests push demand
beyond Frontier's capacity limits, Frontier will negotiate
longer intervals as required (and within reason). In general,
if forecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: Interval Start Date commences two
(2) months after application receipt date.
1.3.2.2.2 Forecast received one (1) month or less prior to
application receipt date: Interval Start Date
commences two (2) months after application
receipt date.
1.3.2.2.3 Forecast received greater than one (1) month
and less than two (2) months prior to application
receipt date: Interval Start Date commences
one (1) month after application receipt date.
EDNETICS ID Comp v3.3a _07142010 133
1.3.2.2.4 Forecast received two (2) months or more prior
to application receipt date: Interval Start Date
commences on the application receipt date.
Any such interval adjustments will be discussed with
EDNETICS at the time the application is received.
1.3.3 Collocation Capacity.
1.3.3.1 Frontier's estimate of its present capacity (i.e., no more than
an increase of 15% over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffing and
current vendor arrangements. If the forecasts indicate
spikes in demand, Frontier will attempt to smooth the
demand via negotiations with the forecasting CLECs. If
Frontier and EDNETICS fail to agree to smooth demand,
Frontier will determine if additional expenditures would be
required to satisfy the spikes in demand and will work with
the Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 If Frontier augments its workforce based on EDNETICS
forecasts and if EDNETICS refuses to smooth demand as
described in Section 1.3.3.1, EDNETICS will be held
accountable for the accuracy of their forecasts.
1.3.4 Vendor Capacity. Frontier will continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Frontier
will share EDNETICS actual and forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
1.3.5 Responsibility for Vendor Delays. No party shall be excused from their
obligations due to the acts or omissions of a Party's subcontractors,
material, person, suppliers or other third persons providing such
products or services to such Party unless such acts or omissions are
the product of a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
1.3.6 Space Preparation.
1.3.6.1 Cage Construction. For caged Collocation, EDNETICS
may construct the cage with a standard enclosure if they
are a Frontier approved contractor or EDNETICS may
subcontract this work to a Frontier approved contractor.
1.3.6.2 Site Selection/Power. Frontier shall designate the space
within its premise where EDNETICS shall collocate its
equipment. Frontier will assign Collocation space to
EDNETICS in a just, reasonable, and nondiscriminatory
manner. Frontier will allow EDNETICS requesting caged or
cageless Collocation to submit space preferences on the
EDNETICS ID Comp v3.3a _07142010 134
Application Form prior to assigning caged and cageless
Collocation space to EDNETICS. Frontier will assign caged
and cageless space in accordance with the following
standards: (1) EDNETICS's Collocation costs cannot be
materially increased by the assignment; (2) EDNETICS's
occupation and use of Frontier's premises cannot be
materially delayed by the assignment; (3) The assignment
cannot impair the quality of service or impose other
limitations on the service EDNETICS wishes to offer; and
(4) The assignment cannot reduce unreasonably the total
space available for caged and càgeless Collocation, or
preclude unreasonably, caged and cageless Collocation
within Frontier's premises.
Frontier may assign caged and cageless Collocation to
space separate from space housing Frontier's equipment,
provided that each of the following conditions is met: (1)
Either legitimate security concerns, or operational
constraints unrelated to Frontier's or any of its affiliates' or
subsidiaries competitive concerns, warrant such separation;
(2) Any caged and cageless Collocation space assigned to
an affiliate or subsidiary of Frontier is separated from space
housing Frontier's equipment; (3) The separated space will
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost of the
separated space to EDNETICS will not be materially higher
than the cost of non-separated space; and (5) The
separated space is comparable, from a technical and
engineering standpoint, to non-separated space.
Where applicable, Frontier shall provide, at the rates set
forth in the Pricing Attachment described in Section 1.5.1,
48V DC power with generator and/or battery back-up, heat,
air conditioning and other environmental support to
EDNETICS's equipment in the same standards and
parameters required for Frontier equipment within that
Frontier premise. EDNETICS may install AC convenience
outlets and overhead lighting if EDNETICS is a Frontier
approved contractor, or this work may be subcontracted to a
Frontier approved contractor.
1.3.6.3 DC Power. Frontier will provide DC power to the
Collocation arrangement as specified by EDNETICS in its
Collocation application. The EDNETICS will specify the
load on each feed and the size of the fuse to be placed on
each feed. EDNETICS must order a minimum of ten (10)
load amps for each caged, cageless, and virtual Collocation
arrangement. EDNETICS may order additional DC Power
(beyond the minimum) in one (1) amp increments. Charges
for DC power will be applied based on the total number of
load amps ordered on each feed.
For example, if EDNETICS orders a total of 40 load amps of
DC power and an A and B feed, EDNETICS could order 20
load amps on the A feed and 20 load amps on the B feed.
Frontier will permit EDNETICS to order a fuse size up to 2.5
EDNETICS ID Comp v3.3a _071 42010 135
times the load amps ordered provided that applicable law
permits this practice. Thus, EDNETICS could order that
each feed be fused at 50 amps if EDNETICS wants one
feed to carry the entire load in the event the other feed fails.
Accordingly, EDNETICS will be charged on the basis of the
total number of load amps ordered, i.e., 40 amps, and not
based on the total number of amps available for the fuse
size ordered.
1.3.6.4 EDNETICS 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. Frontier will engineer the
power feeds to the Collocation arrangement in accordance
with industry standards based upon requirements ordered
by EDNETICS 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 Frontier 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, Frontier
may measure the DC power drawn at an arrangement by
monitoring Frontier's power distribution point. In those
instances where Frontier needs access to the Collocation
arrangement to make these measurements, Frontier will
schedule a joint meeting with EDNETICS.
1.3.6.6 If the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action will apply.
1.3.6.7 If the inspection reveals that the power being drawn
exceeds the total number of load amps ordered but is within
the applicable buffer zone, as defined in Section 1.3.6.7.2,
that arrangement is subject to the following treatment:
1.3.6.7.1 Frontier will provide EDNETICS with written
notification, by certified US mail to the person
designated by EDNETICS 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, EDNETICS must
reduce the power being drawn to match its
ordered load or revise its power requirement to
accommodate the additional power being drawn.
Frontier will accept a certification signed by a
representative of EDNETICS 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 will result in an increase in
the amount of power being billed to the audited
load amount.
EDNETICS ID Comp v3.3a_07142010 136
1.3.6.7.2 For a Collocation arrangement that has 100
amps or less fused, the buffer zone for the first
two violations during a consecutive twelve (12)
month period will be 120% of load, as long as
the second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
will be 110% of load.
1.3.6.8 If the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
1.3.6.8.1 Frontier will notify the person designated by
EDNETICS to receive such notice via telephone
or e-mail that Frontier will take a second
measurement no sooner than one (1) hour and
no later than two (2) days after the initial
inspection. Frontier will not wait for EDNETICS
or require it to be present during the second
inspection.
1.3.6.8.2 Additional Labor charges, as set forth in the
Pricing Attachment, apply for the cost
associated with performing this inspection.
1.3.6.8.3 EDNETICS may perform its own inspection at
EDNETICS's cage. EDNETICS is not required
to wait for Frontier or require it to be present
during EDNETICS test. Upon request of
EDNETICS, Frontier will send a representative
to accompany EDNETICS to conduct a joint
inspection at EDNETICS cage at no charge to
EDNETICS. Nothing herein shall be construed
to prohibit EDNETICS from testing at its own
cage. EDNETICS will send the results of its own
audit measurements to Frontier if they are taken
in response to a notice of violation under this
section and if EDNETICS's measurements differ
from Frontier's.
1.3.6.8.4 If the second test also exceeds the applicable
buffer zone, Frontier will provide EDNETICS
with written notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by EDNETICS to receive such notice
that it has exceeded its ordered power. The
notification will include: (1) initials or identifying
number of Frontier technician(s) who performed
the inspection; (2) dates and times of the
inspections; (3) the make, model and type of test
equipment used; (4)-the length of monitoring and
the results of the specific audit; (5) the total load
EDNETICS ID Compv3.3a_07142010 137
amps currently being billed; (6) how the test was
done; and (7) any other relevant information or
documents.
1.3.6.8.5 Frontier will maintain a file of results taken of
any inspections for two (2) years and such file
will be made available to EDNETICS that was
audited, upon request. Frontier will treat as
confidential information the identity of CLECs
that it audits as well as the results of such
audits, unless it receives prior written consent of
the affected CLEC to disclose such information
or is required by Applicable Law to disclose such
information to a court or commission. The
foregoing does not preclude Frontier from
making the notice described in Section 1.3.6.8.6.
1.3.6.8.6 If EDNETICS disagrees with the results of the
audit, EDNETICS will first notify Frontier.
Frontier and EDNETICS will make a good faith
effort to resolve the issue. If the parties do not
resolve the issue, either party can invoke
dispute resolution processes set forth in this
Agreement. The dispute resolution process set
forth in this Agreement can be initiated by either
party after thirty (30) calendar days have
elapsed. This period commences: (1)ten (10)
Business Days from receipt of the notification, in
the case of violation within the buffer zone; or (2)
after EDNETICS 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, Frontier will also notify EDNETICS
that it must submit a non-scheduled attestation
of the power being drawn at each of its
remaining Collocation arrangements in the state.
EDNETICS must submit this non-scheduled
attestation within fifteen (15) Business Days of
the date of this notification. Failure to submit
this non-scheduled attestation will result in the
application of additional labor charges for any
subsequent DC power inspections Frontier
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 EDNETICS shall pay Frontier 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,
EDNETICS ID Comp v3.3a _07142010 138 -
EDNETICS will be billed the audited load
amount for four (4) months. EDNETICS will
make a separate and additional payment to the
Charity, measured as the difference between the
billing of the fused capacity and the billing at the
audited load for four (4) months. EDNETICS
must send notice of its Charity payment to
Frontier 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,
EDNETICS will be billed the audited load
amount for five (5) months. EDNETICS will
make a separate and additional payment to the
Charity, measured as the difference between the
billing of the fused capacity and the billing at the
audited load for five (5) months. EDNETICS
must send notice of its Charity payment to
Frontier 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,
EDNETICS will be billed the audited load
amount for six (6) months. EDNETICS will
make a separate and additional payment to the
Charity, measured as the difference between the
billing of the fused capacity and the billing at the
audited load for six (6) months. EDNETICS
must send notice of its Charity payment to
Frontier 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,
Frontier will bill EDNETICS at the fused amount
for a minimum of six (6) months and continue to
bill at the fused amount until an updated
attestation or augment specifying revised power
is received.
1.3.6.9.5 Frontier will notify EDNETICS that it is being
billed pursuant to this Section 1.3.6.9,
designating the applicable number of months
and also calculating the payment owed to the
Charity, under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments will be self-
executing.
1.3.6.10 If EDNETICS 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 Frontier, the
payments specified in Section 1.3.6.9 will not be imposed
EDNETICS ID Comp v3.3a _07142010 139
and the parties will not count such an instance for purposes
of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, EDNETICS must submit a written statement
signed by a responsible officer of EDNETICS, which attests
that it is not exceeding the total load of power as ordered in
its Collocation applications. This attestation, which must be
received by Frontier no later than the last day of June, shall
individually list all of EDNETICS's completed Collocation
arrangements provided by Frontier in the state. If
EDNETICS fails to submit this written statement by the last
day in June, Frontier will notify EDNETICS in writing that it
has thirty (30) calendar days to submit its power attestation.
Failure to submit the required statement within the thirty
(30) calendar day notice period will result in the billing of DC
power at each Collocation arrangement to be increased to
the total number of amps fused until such time as Frontier
receives the required written statement by EDNETICS.
1.3.6.12 Whenever Frontier is required to perform work on a
Collocation arrangement as a result of EDNETICS's order
for a reduction in power requirements (e.g., change in fuse
size), Frontier will assess a non-recurring charge for the
additional labor. The non-recurring charge applies for the
first half hour (or fraction thereof) and for each additional
half hour (or fraction thereof) per technician, per occurrence
as shown in the Pricing Attachment.
1.3.6.13 If EDNETICS orders a change in the power configuration
requiring new -48 volt DC power feeds to the Collocation
arrangement, Frontier 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 EDNETICS'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. Frontier will work cooperatively with
EDNETICS 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. EDNETICS will be responsible for
supply, purchase, delivery, installation and maintenance of
its equipment and equipment bay(s) in the Collocation area.
Frontier is not responsible for the design, engineering, or
performance of EDNETICS's equipment and provided
facilities for Collocation. Upon installation of all
transmission and power cables for Collocation services,
EDNETICS relinquishes all rights, title and ownership of
transmission (excluding fiber entrance facility cable) and
power cables to Frontier.
1.3.7.2 Permissible Equipment. Frontier shall permit the
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
EDNETICS I DCompv3.3a07142010 140
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical, economic, or operational
matter, preclude EDNETICS from obtaining interconnection
with Frontier at a level equal in quality to that which Frontier
obtains within its own network or Frontier provides to any of
its affiliates, subsidiaries, or other parties; and (2)
Equipment is necessary for access to an unbundled
network element if an inability to deploy that equipment
would, as a practical, economic, or operational matter,
preclude EDNETICS 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 EDNETICS seeks to deploy it, meets either
or both of the standards set forth in the preceding
paragraph. For a piece of equipment to be utilized primarily
to obtain equal in quality interconnection or
nondiscriminatory access to one or more unbundled
network elements, there also must be a logical nexus
between the additional functions the equipment would
perform and the telecommunication services EDNETICS
seeks to provide to its customers by means of the
interconnection or unbundled network element. The
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Frontier's
property.
Whenever Frontier objects to Collocation of equipment by
EDNETICS for purposes within the scope of Section
251 (c)(6) of the Act, Frontier shall prove to the state
commission that the equipment is not necessary for
interconnection or access to unbundled network elements
under the standards set forth above.
EDNETICS may place in its caged Collocation space
ancillary equipment such as cross connect frames, and
metal storage cabinets. Metal storage cabinets must meet
Frontier premise environmental standards.
1.3.7.3 Specifications. Collocation facilities shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEC), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
EDNETICS entrance facilities and splices must comply with
Telecordia Technologies' Generic Specification for Optical
Fiber and Optical Fiber Cable (TR-TSY-00020), Cable
EDNETICS ID Comp v3.3a _07142010 141
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 Frontier services or
facilities. EDNETICS designated and installed equipment
located within Frontier premises must comply with the most
recent issue, unless otherwise specified, of Telecordia
Technologies' Network Equipment Building System (NEBS)
Generic Equipment Requirements (GR-CORE-63) as it
pertains to safety requirements. This equipment must also
comply with the most current issue, unless otherwise
specified, of Frontier's Network Equipment Installation
Standards (Frontier Information Publication IP 72201) and
Frontier's Central Office Engineering Standards (Frontier
Information Publication IP 72013). Where a difference in
specification may exist, the more stringent shall apply. If
there is a conflict between industry standards and Frontier's
technical specifications, EDNETICS and Frontier will make
a good faith effort to resolve the difference. EDNETICS
designated facilities shall not physically, electronically or
inductively interfere with the facilities of Frontier, other
CLEC(s), tenant(s) or any other party. If such interference
occurs, Frontier may take action as permitted under Section
1.8.
EDNETICS equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its
own central office equipment as defined in Frontier's NEBS
requirements RNSA-NEB-95-0003, Revision 10 or higher.
EDNETICS equipment is not required to meet the same
performance and reliability standards as Frontier imposes
on its own equipment as defined in Frontier's RNSA-NEB-
95-0003, Revision 10 or higher. In addition, EDNETICS
may install equipment that has been deployed by Frontier
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 Frontier reserves the right
to specify the type of cable, equipment and construction
standards required in situations not otherwise covered in
this Agreement. In such cases, Frontier will, at its
discretion, furnish to EDNETICS written material which will
specify and explain the required construction.
1.3.7.4 Cable. EDNETICS 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. EDNETICS is responsible for providing fire
retardant riser cable that meets Frontier standards. Frontier
is responsible for placing EDNETICS's fire retardant riser
cable from the cable vault to the Collocation space. Frontier
is responsible for installing EDNETICS 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 EDNETICS provides its own fiber optic facility,
EDNETICS ID Comp v3.3a _071 42010 142
then EDNETICS shall be responsible for bringing its fiber
optic cable to the Frontier premise manhole. EDNETICS
must leave sufficient cable length for Frontier to be able to
fully extend such cable through to EDNETICS's Collocation
space.
1.3.7.5 Manhole/SDlicing Restrictions. Frontier reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. EDNETICS will not be permitted to
splice fiber optic cable in the first manhole outside of the
Frontier premise. Where EDNETICS is providing
underground fiber optic cable in Manhole #1, it must be of
sufficient length as specified by Frontier to be pulled
through the Frontier premise to EDNETICS's Collocation
space. Frontier is responsible for installing a cable splice, if
necessary, where EDNETICS provided fiber optic cable
meets Frontier standards within the Frontier premise cable
vault or designated splicing chamber. Frontier 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 EDNETICS's facilities and
Frontier's facilities will be designated by Frontier. This
point(s) will be a direct connection(s) to EDNETICS's
network. Frontier shall have the right to require EDNETICS
to terminate Collocation facilities onto a Point of Termination
(POT) Bay. EDNETICS must tag all entrance facilities to
indicate ownership. EDNETICS will not be allowed access
to Frontier's DSX line-ups, MDF or any other Frontier facility
termination points. Only Frontier employees, agents or
contractors will be allowed access to the MDF, DSX, or fiber
distribution panel to terminate facilities, test connectivity, run
jumpers and/or hot patch in-service circuits.
1.3.7.7 Staging Area. For caged and cageless Collocation
arrangements, EDNETICS shall have the right to use a
designated staging area, a portion of the Frontier premise
and loading areas, if available, on a temporary basis during
EDNETICS's equipment installation work in the Collocation
space. EDNETICS is responsible for protecting Frontier's
equipment Frontier premise walls and flooring within the
staging area and along the staging route. EDNETICS will
meet all Frontier fire, safety, security and environmental
requirements. The temporary staging area will be vacated
and delivered to Frontier in an acceptable condition upon
completion of the installation work. EDNETICS may also
utilize a staging trailer, which can be located on the exterior
premises of Frontier premise. Frontier may assess
EDNETICS a market value lease rate for the area occupied
by the trailer.
1.3.7.8 Testing. Upon installation of EDNETICS's equipment, and
with prior notice, Frontier and EDNETICS will mutually
agree to schedule a meeting prior to the turn-up phase of
the equipment to ensure proper functionality between
EDNETICS ID Comp v3.3a 07142010 143
EDNETICS's equipment and the connections to Frontier
equipment. The time period for this to occur will correspond
to Frontier's maintenance window installation requirements.
It is solely the responsibility of EDNETICS to provide their
own monitor and test points, if required, for connection
directly to its terminal equipment. If EDNETICS cannot
attend the scheduled turn-up phase meeting for any reason,
EDNETICS must provide Frontier with seventy-two (72)
hours advanced written notice prior to the scheduled
meeting. If EDNETICS fails to attend the scheduled
meeting without the advanced written notification, Frontier
reserves the right to charge EDNETICS additional labor
rates set forth in the Pricing Attachment for subsequent
turn-up meetings with EDNETICS which are required to
complete the turn-up phase of the Collocation arrangement.
1.3.7.9 Interconnection Between Collocated Sraces. Dedicated
Transit Service (DTS), which allows for interconnection
between EDNETICS 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 Frontier premises,
using Frontier provided distribution facilities. DTS is
available for DSO, DS1, DS3, and dark fiber cross connects.
In addition, Frontier will also provide other technically
feasible cross-connection arrangements, including lit fiber,
on an Individual Case Basis (ICB) as requested by
EDNETICS and agreed to by Frontier. Frontier will offer
DTS to EDNETICS as long as such access is technically
feasible.
DTS is only available when both Collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Frontier premises, provided that the collocated
equipment is used for interconnection with Frontier and/or for
access to the Frontier's unbundled network elements. Frontier
shall provide such DTS connections from EDNETICS's
Collocation arrangement to another Collocation arrangement of
EDNETICS within the same Frontier premises, or to a
Collocation arrangement of another CLEC in the same Frontier
premises. DTS is provided at the same transmission level from
EDNETICS to another CLEC.
The DTS arrangement requires EDNETICS to provide cable
assignment information for itself as well as for the other CLEC.
Frontier will not make cable assignments for DTS. EDNETICS
is responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, EDNETICS must
submit an Access Service Request (ASR) and a letter of
agency from the CLEC it is connecting to that authorizes the
DTS connection and facility assignment. DTS is provided on a
negotiated interval with EDNETICS.
1.3.7.10 Optical Facility Terminations. If EDNETICS requests
access to unbundled dark fiber interoffice facilities,
EDNETICS ID Camp v3.3a _07142010 144
EDNETICS may apply for a fiber optic patchcord
connection(s) between Frontier's fiber distribution panel
(FDP) and EDNETICS's collocated transmission equipment
and facilities. The fiber optic patchcord cross connect is
limited in use solely in conjunction with access to unbundled
dark fiber and Dedicated Transit Service.
1.3.7.11 Non-Compliant Installations and Operations. If at any time
Frontier reasonably determines that either EDNETICS's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment,
EDNETICS will be responsible for the costs associated with
the removal of equipment or modification of the equipment
or engineering and installation to render it compliant. If
EDNETICS fails to correct any non-compliance with these
standards within thirty (30) days' written notice to
EDNETICS, Frontier may have the equipment removed or
the condition corrected at EDNETICS expense. If, during
the installation phase, Frontier reasonably determines that
any EDNETICS designated equipment is unsafe, non-
standard orin violation of any applicable fire, environmental,
security, or other laws or regulations, Frontier has the right
to immediately stop the work until the problem is corrected
to Frontier's satisfaction. However, when any of the above
conditions poses an immediate threat to the safety of
Frontier employees, interferes with the performance of
Frontier's service obligations, or poses an immediate threat
to the physical integrity of the overhead superstructure or
any other facilities of Frontier, Frontier may perform such
work and/or take such action that Frontier deems necessary
without prior notice to EDNETICS. The reasonable cost of
said work and/or actions shall be borne by EDNETICS.
Frontier reserves the right to remove products, facilities and
equipment from its list of approved products upon ninety
(90) days' notice to EDNETICS if such products, facilities
and equipment are determined to be no longer compliant
with NEBS safety standards. If EDNETICS equipment
poses an immediate safety threat, EDNETICS shall remove
the equipment immediately.
1.3.8 Access to Collocation Space. Frontier will permit EDNETICS's
employees, agents, and contractors approved by Frontier to have
direct access to EDNETICS's caged and cageless Collocation
equipment twenty-four (24) hours a day, seven (7) days a week and
reasonable access to Frontier's restroom and parking facilities.
EDNETICS's employees, agents, or contractors must comply with the
policies and practices of Frontier pertaining to fire, safety, and security.
Frontier reserves the right, with twenty-four (24) hours prior notice to
EDNETICS, to access EDNETICS's collocated partitioned space to
perform periodic inspections to ensure compliance with Frontier
installation, safety and security practices. Where EDNETICS shares a
common entrance to the Frontier premise with Frontier, the reasonable
use of shared building facilities, e.g., elevators, unrestricted corridors,
etc., will be permitted. However, Frontier reserves the right to
permanently remove and/or deny access from Frontier premises, any
EDNETICS employee, agent, or contractor who violates Frontier's
EDNETICS ID Comp v3.3a _07142010 145
policies, work rules, or business conduct standards, or otherwise
poses a security risk to Frontier.
1.3.9 Network Outage, Damage and Reporting. EDNETICS shall be
responsible for: (a) any damage or network outage occurring as a
result of EDNETICS owned or EDNETICS designated termination
equipment in Frontier 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
Frontier of significant outages which could impact or degrade
Frontier's switches and services and provide estimated clearing time
for restoral; and (e) testing its equipment to identify and clear a trouble
report when the trouble has been sectionalized (isolated) to
EDNETICS service.
Frontier will make every effort to contact EDNETICS in the event
EDNETICS equipment disrupts the network. If Frontier is unable to
make contact with EDNETICS, Frontier shall temporarily disconnect
EDNETICS's service, as provided in Section 1.3.11.
1.3.10 Security Requirements.
1.3.10.1 Security Measures. EDNETICS agrees that its
employees/vendors with access to Frontier premise shall at
all times adhere to the rules of conduct established by
Frontier for the Frontier premises and Frontier's personnel
and vendors. Frontier reserves the right to make changes
to such procedures and rules to preserve the integrity and
operation of Frontier's network or facilities or to comply with
applicable laws and regulations. Frontier will provide
EDNETICS with written notice of such changes. Where
applicable, Frontier will provide information to EDNETICS
on the specific type of security training required so
EDNETICS's employees can complete such training.
EDNETICS will maintain with Frontier a list of all EDNETICS
employees who are currently authorized by EDNETICS to
access its caged and cageless Collocation space and will
include social security numbers of all such individuals.
EDNETICS will also maintain with Frontier 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
Frontier will be allowed access to Frontier premises and
caged and cageless Collocation space. Where required by
agencies of federal, state, or local government, only
individuals that are U.S. citizens will be granted access. All
EDNETICS personnel must obtain and prominently display
a valid non-employee Frontier identification card. Former
employees of Frontier will be given access to Frontier
premises by EDNETICS in accordance with the Frontier's
normal security procedures applicable to any Vendor(s) or
Contractor(s) on Frontier's premises. Frontier reserves the
right to revoke any identification badge and/or access card
of any EDNETICS employee or agent found in violations of
the terms and conditions set forth herein.
EDNETICS ID Comp v3.3a _07142010 146
EDNETICS must follow Frontier's security guidelines, which
are published on Frontier's web site. Frontier may suspend
a EON ETICS employee or agent from Frontier's premises if
his/her actions materially affect the safety and/or integrity of
Frontier's network or the safety of Frontier or other
EDNETICS employees/agents. Unless EDNETICS
employee or agent poses an immediate threat to Frontier or
other CLECs, Frontier will provide EDNETICS with a written
explanation of violations committed by the EDNETICS
employee or agent four (4) Business Days prior to
suspending EON ETICS employee or agent from Frontier
premises. EDNETICS will have two (2) Business Days to
respond to Frontier's notification. Any such employee or
agent may later be allowed readmission to Frontier
premises on mutually agreeable terms. Nothing in this
section, however, restricts Frontier's authority to bar the
EDNETICS employee or agent from Frontier premises for
violating Frontier's security guidelines.
1.3.10.2 Security Standards. Frontier will be solely responsible for
determining the appropriate level of security in each Frontier
premise. Frontier reserves the - right to deny access to
Frontier buildings and/or outside facility structures for any
EDNETICS employee, agent or contractor who cannot meet
Frontier's established security standards. Employees,
agents or contractors of EDNETICS are required to meet
the same security requirements and adhere to the same
work rules that Frontier's employees and contractors are
required to follow. Frontier also reserves the right to deny
access to Frontier buildings and/or outside facility structures
for EDNETICS's employee, agent and contractor for
falsification of records, violation of fire, safety or security
practices and policies or other just cause. EDNETICS
employees, agents or contractors who meet Frontiers
established security standards will be provided access to
EDNETICS's caged and cageless Collocation equipment 24
hours a day, seven days a week and reasonable access to
Frontier's restroom facilities. If EDNETICS employees,
agents or contractors request and are granted access to
other areas of Frontier's premises, a Frontier employee,
agent or contractor may accompany and observe
EDNETICS employee(s), agent(s) or contractor(s) at no
cost to EDNETICS. Frontier may use reasonable security
measures to protect its equipment, including, for example,
enclosing its equipment in its own cage or other separation,
utilizing monitored card reader systems, digital security
cameras, badges with computerized tracking systems,
identification swipe cards, keyed access and/or logs, as
deemed appropriate by Frontier.
Frontier may require EDNETICS employees and contractors
to use a central or separate entrance to Frontier's premises,
provided, however, that where Frontier requires that
EDNETICS employees or contractors access collocated
equipment only through a separate entrance, employees
EDNETICS ID Comp v3.3a _07142010 147
and contractors of Frontier's affiliates and subsidiaries will
be subject to the same restriction.
Frontier may construct or require the construction of a
separate entrance to access caged and cageless
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent's or
any of its affiliates' or subsidiaries competitive concerns,
warrant such separation; (iii) Construction of a separate
entrance will not artificially delay Collocation provisioning;
and (iv) Construction of a separate entrance will not
materially increase EDNETICS's Collocation costs.
1.3.10.3 Access Cards/Identification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for EDNETICS for each Frontier premise for the
purpose of installation, maintenance and repair of
EDNETICS's caged and cageless Collocation equipment.
All EDNETICS employees, agents and contractors
requesting access to the Frontier premise are required to
have a photo identification card, which identifies the person
by name and the name of EDNETICS. The ID must be
worn on the individual's exterior clothing while on or at
Frontier premises. Frontier will provide EDNETICS with
instructions and necessary access cards or keys to obtain
access to Frontier premises. EDNETICS is required to
immediately notify Frontier by the most expeditious means,
when any EDNETICS's employee, agent or contractor with
access privileges to Frontier premises is no longer in its
employ, or when keys, access cards or other means of
obtaining access to Frontier premises are lost, stolen or not
returned by an employee, agent or contractor no longer in
its employ. EDNETICS is responsible for the immediate
retrieval and return to Frontier of all keys, access cards or
other means of obtaining access to Frontier premises upon
termination of employment of EDNETICS's employee
and/or termination of service. EDNIETICS shall be
responsible for the replacement cost of keys, access cards
or other means of obtaining access when lost, stolen or
failure of EDNETICS or EDNETICS's employee, agent or
contractor to return to Frontier.
1.3.11 Emergency Access. EDNETICS is responsible for providing a contact
number that is readily accessible 24 hours a day, 7 days a week.
EDNETICS will provide access to its Collocation space at all times to
allow Frontier to react to emergencies, to maintain the building
operating systems (where applicable and necessary) and to ensure
compliance with OSHA/Frontier regulations and standards related to
fire, safety, health and environment safeguards. Frontier will attempt
to notify EDNETICS in advance of any such emergency access. If
advance notification is not possible Frontier Will provide notification of
any such entry to EDNETICS as soon as possible following the entry,
indicating the reasons for the entry and any actions taken which might
impact EDNETICS's facilities or equipment and its ability to provide
EDNETICS ID Comp v3.3a _07142010 148
service. Frontier will restrict access to EDNETICS's Collocation space
to persons necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection service shall be in
accordance with Part 64, Subpart D, Paragraph 64.401, of the FCC's
Rules and Regulations, which specifies the priority for such activities.
Frontier reserves the right, without prior notice, to access EDNETICS's
Collocation space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm imposed by
EDNETICS or EDNETICS's equipment upon the operation of
Frontier's or another CLEC's equipment, facilities and/or employees
located outside EDNETICS's Collocation space. Frontier will notify
EDNETICS as soon as possible when such an event has occurred. In
case of a Frontier work stoppage, EON ETICS's employees,
contractors or agents will comply with the emergency operation
procedures established by Frontier. Such emergency procedures
should not directly affect EDNETICS's access to its premises, or ability
to provide service. EDNETICS will notify Frontier point of contact of
any work stoppages by EDNETICS employees.
1.4 SDace Reauirements.
1.4.1 Space Availability. If Frontier is unable to accommodate caged and
cageless Collocation requests at a Frontier premise due to space
limitations or other technical reasons, Frontier will post a list of all such
sites on its website and will update the list within ten (10) calendar
days of the date at which a Frontier premise runs out of caged and
cageless Collocation space. This information will be listed at the
following public Internet URL: www.frontier.com . Where Frontier has
denied caged and cageless Collocation requests at a Frontier premise
due to space limitations or other technical reasons, Frontier shall: (a)
submit to the state commission, subject to any protective order as the
state may deem necessary, detailed floor plans or diagrams of the
Frontier premise which show what space, if any, Frontier or any of its
affiliates has reserved for future use; and describe in detail, the
specific future uses for which the space has been reserved and the
length of time for each reservation; and (b) allow EDNETICS to tour
the entire premises of the Frontier premise, without charge, within ten
(10) calendar days of the tour request.
1.4.2 Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space will be increments of 100 square feet unless
mutually agreed to otherwise by Frontier and EDNETICS. The
minimum amount of floor space available toEDNETICS at the time of
the initial application will be twenty-five (25) square feet of caged
Collocation space or one (1) single bay in the case of cageless
Collocation. The maximum amount of space available in a specific
Frontier premise to EDNETICS will be limited to the amount of existing
suitable space which is technically feasible to support the Collocation
arrangement requested. Existing suitable space is defined as
available space in a Frontier 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 EDNETICS by
completing and submitting a new application form and the applicable
EDNETICS ID Comp v3.3a _07142010 149
non-refundable engineering fee set forth in the Pricing Attachment.
Frontier will not be required to lease additional space when available
space has been exhausted.
1.4.3 Use of Space. Frontier and EDNETICS will work cooperatively to
determine proper space requirements, and efficient use of space. In
addition to other applicable requirements set forth in this Agreement,
EDNETICS shall install all its equipment within its designated area in
contiguous line-ups in order to optimize the utilization of space within
Frontier's premises. EDNETICS shall use the Collocation space solely
for the purposes of installing, maintaining and operating EDNETICSs
equipment to interconnect for the exchange of traffic with Frontier
and/or for purposes of accessing UNEs. EDNETICS shall not
construct improvements or make alterations or repairs to the
Collocation space without the prior written approval of Frontier. The
Collocation space may not be used for administrative purposes and
may not be used as EDNETICS's employee(s) work location, office or
retail space, or storage. The Collocation space shall not be used as
EDNETICS's mailing or shipping address.
1.4.4 Reservation of Space. Frontier reserves the right to manage its
Frontier premise conduit requirements and to reserve vacant space for
planned facility. Frontier will retain and reserve a limited amount of
vacant floor space within its Frontier premises for its own specific
future uses on terms no more favorable than applicable to other
CLECs seeking to reserve Collocation space for their own future use.
If the remaining vacant floor space within a Frontier premise is
reserved for Frontier's own specific future use, the Frontier premise
will be exempt from future caged and cageless Collocation requests.
EDNETICS shall not be permitted to reserve Frontier premise cable
space or conduit system. If new conduit is required, Frontier will
negotiate with EDNETICS to determine an alternative arrangement for
the specific location. EDNETICS will be allowed to reserve Collocation
space for its caged/cageless arrangements based on EDNETICSs
documented forecast provided Frontier and subject to space
availability. Such forecast must demonstrate a legitimate need to
reserve the space for use on terms no more favorable than applicable
to Frontier seeking to reserve vacant space for its own specific use.
Cageless Collocation bays may not be used solely for the purpose of
storing EDNETICS equipment.
1.4.5 Collocation Space Report. Upon request by EDNETICS and upon
EDNETICS signing a Collocation nondisclosure agreement, Frontier
will make available a Collocation space report with the following
information for the Frontier 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.
EDNETICS ID Comp v3.3a _0714201 0 150
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Frontier premise in order to
determine Collocation space availability for the Frontier premise. The
Collocation space report will be provided to EDNETICS within ten (10)
calendar days of the request provided the request is submitted during
the ordinary course of business. A Collocation space report fee
contained in the Pricing Attachment will be assessed per request and
per Frontier premise.
1.4.6 Reclamation. When initiating an application form, EDNETICS must
have started installing equipment approved for Collocation at Frontier
premise within a reasonable period of time, not to exceed sixty (60)
calendar days from the date EDNETICS accepts the Collocation
arrangement. If EDNETICS does not utilize its Collocation space
within the established time period, and has not met the space
reservation requirements of Section 1.4.4 to the extent applicable,
Frontier may reclaim the unused Collocation space to accommodate
another CLEC's request or Frontier's future space requirements.
Frontier shall have the right, for good cause shown, and upon sixty
(60) calendar days' notice, to reclaim any Collocation space, cable
space or conduit space in order to fulfill its obligation under public
service law and its Tariffs to provide telecommunication services to its
Customers. In such cases, Frontier will reimburse EDNETICS for
reasonable direct costs and expenses in connection with such
reclamation. Frontier will make every reasonable effort to find other
alternatives before attempting to reclaim any such space. EDNETICS
may seek Commission relief from reclamation within ten (10) Business
Days of being notified.
1.5 Pricing.
1.5.1 Rate Sheet. The rates for Frontier'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
Frontier Collocation Tariff that has been filed with the Commission and
become effective. If there is a Frontier Collocation Tariff that has been
filed with the Commission and become effective, the rates in such
Tariff shall apply and the rates set forth in the Pricing Attachment shall
not apply.
1.5.2 Subsequent to the execution of this Agreement, Frontier also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shall supersede and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as otherwise required by legal
requirements.
1.5.3 Billing and Payment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges will be billed to
EDNETICS when Frontier provides EDNETICS access to the caged,
cageless or adjacent Collocation arrangement or completes
EDNETICS ID Camp v3.3a .07142010 151
installation of the virtual Collocation arrangement and shall be payable
in accordance with applicable established payment deadlines.
1.6 Liability and Indemnification.
In addition to their other respective indemnification and liability obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1 No liability shall attach to Frontier for damages arising from errors,
mistakes, omissions, interruptions, or delays of Frontier, its agents,
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terminating, or changing the service or facilities
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilities) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by EDNETICS or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Frontier's liability, if any, shall not exceed an amount equal
to the proportionate charge for the service by Frontier for the service
for the period during which service was affected.
1.6.2 Frontier shall not be liable for any act or omission of any other party
furnishing a portion of service used in connection with the services
herein.
1.6.3 Frontier is not liable for damages to EDNETICS premises resulting
from the furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Frontier's gross negligence or willful misconduct.
1.6.4 Frontier shall be indemnified, defended and held harmless by
EDNETICS and/or its end user against any claim, loss or damage
arising from the use of services offered under this Attachment,
involving:
1.6.4.1 All claims, including but not limited to injuries to persons or
property from voltages or currents, arising out of any act or
omission of EDNETICS or its end user in connection with
facilities provided by Frontier, EDNETICS, or the end user;
or
1.6.4.2 Frontier shall not be liable to EDNETICS or its customers in
connection with the provision or use of the services
provided under this Attachment for indirect, incidental,
consequential, reliance or special damages, including
(without limitation) damages for lost profits, regardless of
the form of action, whether in contract, indemnity, warranty,
strict liability, or tort, including (without limitation) negligence
of any kind, even if Frontier has been advised of the
possibility of such loss or damage.
EDNETICS ID Comp v3.3a _07142010 152
1.6.5 Frontier does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Frontier shall be
indemnified, defended and held harmless by EDNETICS from any and
all claims by any person relating to EDNETICS's use of services so
provided.
1.6.6 No license under patents (other than the limited license to use) is
granted by Frontier or shall be implied or arise by estoppel, with
respect to any service offered under this Attachment.
1.6.7 Frontier's failure to provide or maintain services under this Attachment
shall be excused by labor difficulties, governmental orders, civil
commotions, criminal actions taken against Frontier, acts of God and
other circumstances beyond Frontier's reasonable control.
1.6.8 Frontier shall not be liable for any act or omission of any other entity
furnishing to EDNETICS facilities, equipment, or services used in
conjunction with the services provided under this Attachment. Nor
shall Frontier be liable for any damages or losses due to unauthorized
use of the services or the failure or negligence of EDNETICS or
EDNETICS end user, or due to the failure of equipment, facilities, or
services provided by EDNETICS or its end user.
1.6.9 Neither party shall be liable to the other or to any third party for any
physical damage to each other's facilities or equipment within the
central office, unless caused by the gross negligence or willful
misconduct of the party's agents or employees.
1.6.10 EDNETICS shall indemnify, defend and save harmless Frontier 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 EDNETICS or by any other party or person for damages
to property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for
employees' disability and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of EDNETICS's equipment or facilities or by
their proximity to the equipment or facilities or all parties occupying
space within or on the exterior of Frontier's central office(s), or by any
act or omission of Frontier, its employees, agents, former or striking
employees, or contractors, in connection therewith, unless caused by
gross negligence or willful misconduct on the part of Frontier. These
provisions shall survive the termination, cancellation, modification or
rescission of the Agreement for at least 18 months from the date of the
termination.
Frontier shall indemnify, defend and save harmless EDNETICS from
and against any and all losses, claims, demands, causes of action and
costs, including attorneys' fees, whether suffered, made, instituted or
asserted by Frontier or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for employees'
disability and death benefits, which may arise out of or be caused by
Frontier's provision of service within or on the exterior of the central
office of by an act or omission of EDNETICS, its employees, agents,
former or striking employees, or contractors, in connection therewith,
EDNETICS ID Comp v3.3a _071 42010 153
unless caused by gross negligence or willful-misconduct on the part of
EDNETICS.
1.6.11 EDNETICS shall indemnify, defend and save harmless Frontier from
and against any and all losses, claims, demands, causes of action,
damages and costs, including but not limited to attorney's fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or property owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central office by EDNETICS, and/or acts by EDNETICS, its
employees, agents or contractors.
1.6.12 EDNETICS shall indemnify, defend, and hold harmless Frontier, its
directors, officers and employees, servants, agents, affiliates and
parent, from and against any and all claims, cost, expense or liability
of any kind, including but not limited to reasonable attorney's fees,
arising out of or relating to EDNETICS installation and operation of its
facilities or equipment within the multiplexing node, roof space and
transmitter space.
1.6.13 EDNETICS 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. EDNETICS shall indemnify, defend, and
hold harmless Frontier, its directors, officers and employees, servants,
agents, affiliates and parent, from and against any and all claims, cost,
expense or liability of any kind including but notlimited to fines or
penalties arising out of any breach of the foregoing by EDNETICS, its
directors, officers, employees, servants, agents, affiliates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
1.6.14 Frontier represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central office, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Frontier shall indemnify,
defend, and hold harmless EDNETICS, its directors, officers,
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 Frontier, its
directors, officers and employees, servants, agents, affiliates and
parent.
1.6.15 Frontier and EDNETICS shall each be responsible for all persons
under their control or aegis working in compliance herewith,
satisfactorily, and in harmony with all others working in or on the
exterior of the central office and, as appropriate, cable space.
1.7 Casualty.
1.7.1 If the Collocation equipment location or any part thereof is damaged
by fire or other casualty, EDNETICS shall give immediate notice
thereof to Frontier. The terms and conditions of this Attachment shall
remain in full force and effect with the following modifications:
EDNETICS ID Comp v3.3a _071 42010 154
1.7.1.1 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty caused by Frontier, the damages thereto
shall be repaired by and at the expense of Frontier. Non-
recurring and monthly recurring charges, until such repair is
substantially completed, shall be apportioned from the day
following the casualty according to the part of the
Collocation equipment location which is usable. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Frontier elects to restore the Collocation equipment
location, Frontier shall inform EDNETICS 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 EDNETICS as soon as possible. Frontier shall make
repairs and restorations with all reasonable expedition
subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Frontier's reasonable
control.
1.7.1.2 If the Collocation equipment location or any part thereof is
totally damaged or rendered wholly unusable by fire or other
casualty caused by Frontier, then applicable non-recurring
and monthly recurring charges shall be proportionately paid
up to the time of the casualty and thenceforth shall cease
until the date when the Collocation equipment location shall
have been repaired and restored by Frontier. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
If Frontier elects to restore the Collocation equipment
location, Frontier shall inform EDNETICS 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 EDNETICS as soon as possible. Frontier shall make
repairs and restorations with all reasonable expedition
subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Frontier's reasonable
control.
1.7.1.3 If the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty through no fault of Frontier or EDNETICS,
then the applicable non-recurring and monthly recurring
charges shall be proportionately paid up to the time of the
casualty and thenceforth shall cease until the date when the
Collocation equipment location shall have been repaired
and restored. Any repair or restoration work undertaken by
EDNETICS in its Collocation arrangement must be done by
a Frontier-approved contractor and must be approved in
advance by Frontier. Frontier reserves the right to
discontinue EDNETICS's Collocation equipment location or
any part thereof under the conditions specified in 1.8.2.
1.7.1.4 If the Collocation equipment location or any part thereof is
totally damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
EDNETICS ID Comp v3.3a _07142010 155
casualty caused by EDNETICS, the liability and
indemnification provisions of this Attachment shall apply
and Frontier may terminate EDNETICS Collocation
arrangement immediately.
1.7.2 If the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of EDNETICS, or (whether or not the
demised premises are damaged in whole or in part) if the building shall
be so damaged that Frontier shall decide to demolish it or to rebuild it,
then, in any of such events, Frontier may elect to discontinue
EDNETICS Collocation equipment location or any part thereof. In this
event, Frontier will provide EDNETICS with written notification within
ninety (90) days after such fire or casualty specifying a date for
discontinuance. The date of discontinuance shall not be more than
sixty (60) days after the issuance of such notice to EDNETICS.
EDNETICS must vacate the premises by the date specified in the
notice. Frontier's rights against EDNETICS 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
EDNETICS, which were on account of any period subsequent to such
date shall be returned to EDNETICS.
1.7.3 After any such casualty and upon request by Frontier, EDNETICS
shall remove from the Collocation equipment location and other
associated space, as promptly as reasonably possible, all of
EDNETICS salvageable inventory and movable equipment, furniture
and other property.
1.7.4 In the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, EDNETICS liability for applicable non-recurring and
monthly recurring charges shall resume either upon occupancy by
EDNETICS or thirty (30) days after written notice from Frontier that the
Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
1.7.5 Nothing contained in these provisions shall relieve EDNETICS from
liability that may exist as a result of damage from fire or other casualty.
1.7.6 Each party shall look first to any insurance in its favor before making
any claim against the other party for recovery for loss or damage
resulting from fire or other casualty, and to the extent that such
insurance is in full force and collectible and to the extent permitted by
law, Frontier and EDNETICS each will release and waive all right of
recovery against the other or any one 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 Frontier will not carry insurance on the EDNETICS furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by EDNETICS and therefore will not be
obligated to repair any damage thereto or be obligated to replace the
same.
EDNETICS ID Comp v3.3a _07142010 156
1.8 Implementation and Termination of Service.
1.8.1 Implementation of Collocation Charges. Frontier shall provide
EDNETICS with a notice ("Scheduled Completion Notice") indicating
the scheduled completion date ("Scheduled Completion Date") for the
Collocation arrangement. Frontier shall also provide a notice that will
remind EDNETICS of the Scheduled Completion Date and will request
EDNETICS to schedule and attend a "Collocation Acceptance
Meeting" ("CAM"). Collocation charges will be implemented in
accordance with this section regardless of the readiness of EDNETICS
to utilize the completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurring Charges. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. EDNETICS shall pay the
balance of the NRCs ("NRC Balance") upon EDNETICS
acceptance of the Collocation arrangement or thirty (30)
calendar days after the Collocation arrangement is
completed, whichever comes first.
1.8.1.2 Commencement of Recurring Charges. Monthly recurring
charges will commence upon CLEC acceptance of the
Collocation arrangement or thirty (30) calendar days after
the Collocation arrangement is completed, whichever
comes first ("Commencement Date"), and shall continue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Request. A CLEC may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangement for up to six (6) months. A CLEC electing to
extend the Scheduled Completion Date of a Collocation
arrangement must notify Frontier in writing ("Extension
Notice") within thirty (30) calendar days after receiving the
Scheduled Completion Notice. In order for Frontier to delay
billing of monthly recurring charges for the applicable
Collocation arrangement, EDNETICS must remit the NRC
Balance to Frontier for the Collocation arrangement with the
Extension Notice. Monthly recurring charges will not be
billed by Frontier until the space for the Collocation
arrangement is accepted by EDNETICS or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if EDNETICS
terminates its Collocation arrangement, the termination shall
be governed by Section 1.8.4.
If Frontier 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, Frontier will notify EDNETICS that its
Collocation space has been requested by another CLEC.
EDNETICS will have up to five (5) Business Days after the
notification to retain the Collocation space by notifying
Frontier in writing that it desires to keep the space
("Retention Notice"). If EDNETICS retains the Collocation
space, monthly recurring charges shall commence for
EDNETICS thirty (30) calendar days after EDNETICS sends
EDNETCS ID Comp v3.3a_07142010 157
the Retention Notice or when EDNETICS accepts the
space, whichever comes first.
1.8.2 Grounds for Termination by Frontier. Failure by EDNETICS 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, Frontier reserves the right to
terminate such services upon thirty (30) calendar days notice in the
event EDNETICS: (a) is not in conformance with provisions of this
Attachment or other Company standards and requirements; and/or (b)
imposes continued disruption and threat of harm to Company
employees and/or network, or Frontier's ability to provide service to
other CLECs.
Frontier also reserves the right to terminate such services, without prior
notice, in the event EDNETICS's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Frontier's equipment and facilities or to Company
employees located outside EDNETICS's Collocation space.
Frontier reserves the right to inspect EDNETICS's Collocation
arrangement to determine if sufficient DC Power and/or facility
terminations are being used to maintain interconnection and/or access
to unbundled network elements. If Frontier determines that the
Collocation arrangement is not being used for interconnection and/or
access to unbundled network elements (from, for example, insufficient
DC Power and/or facility terminations), Frontier reserves the right to
terminate EDNETICS's Collocation service upon thirty (30) calendar
days notice.
If Frontier elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
1.8.3 Termination by CLEC. EDNETICS must notify Frontier in writing of its
plans to terminate a Collocation arrangement ("CLEC Termination
Notice"), and such EDNETICS termination shall be governed by this
Section.
1.8.3.1 Termination After ComDletion. If EDNETICS elects to
terminate an existing Collocation arrangement after a
Collocation arrangement has been completed, the
termination will be effective thirty (30) calendar days after
Frontier's receipt of EDNETICS Termination Notice. If
CLEC terminates a Collocation arrangement under this
section, the termination shall be governed by Section 1.8.4
and EDNETICS remains responsible to pay any unpaid
NRCs associated with the terminated arrangement as set
forth in Section 1.8.1. If the Collocation arrangement being
terminated contains equipment in which a third party
maintains an ownership or a security interest, EDNETICS
shall include a list of any such owners and secured parties
in EDNETICS Termination Notice.
1.8.3.2 Termination Prior to Completion. If EDNETICS elects to
terminate a request for Collocation when construction is in
progress and prior to completion of the Collocation
EDNETICS ID Comp v3.3a 07142010 158
arrangement, the termination will be effective upon
Frontier's receipt of EDNETICS Termination Notice. For all
non-recurring charges associated with providing the
Collocation arrangement, EDNETICS will be billed and is
responsible for payment of non-recurring charges in
accordance with the following (for the purposes of this
section, the number of "Days" refers to Business Days
measured from Frontier's receipt of a complete application
from EDNETICS):
1.8.3.2.1 Effective date of EDNETICS termination on or
between Days 1 t 15, EDNETICS owes 20% of
non-recurring charges.
1.8.3.2.2 Effective date of EDNETICS termination on or
between Days 16 to 30, EDNETICS owes 40%
of non-recurring charges.
1.8.3.2.3 Effective date of EDNETICS termination on or
between Days 31 to 45, EDNETICS owes 60%
of non-recurring charges.
1.8.3.2.4 Effective date of EDNETICS termination on or
between Days 46 to 60, EDNETICS owes 80%
of non-recurring charges.
1.8.3.2.5 Effective date of EDNETICS termination after
Day 60, EDNETICS owes 100% of non-recurring
charges.
If after applying these percentages to NRCs already paid by
EDNETICS, any refunds are due EDNETICS, such refunds
shall be applied first as a credit to any accounts with
balances owed by EDNETICS to Frontier, with any
remaining refund amount issued to EDNETICS.
Engineering/major augment fees submitted with the
application will not be refunded. EDNETICS Termination
Notice must be received by Frontier prior to the Scheduled
Completion Date to avoid incurring any monthly recurring
charges.
1.8.4 Effects of Termination, If Frontier or EDNETICS 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.
EDNETICS shall disconnect and remove its equipment from
the designated Collocation space by the effective date of
the termination. Upon removal by EDNETICS of all its
equipment from the Collocation space, if EDNETICS does
not restore the Collocation space to its original condition at
time of occupancy, EDNETICS will reimburse Frontier for
the cost to do so. Due to physical and technical constraints,
removal of EDNETICS entrance facility cable will be at
Frontier's option. EDNETICS shall reimburse Frontier for all
costs Frontier incurs to decommission DC Power and
transmission cable terminations previously applied for by
EDNETICS ID Comp v3.3a _07142010 159
EDNETICS. Frontier reserves the right to remove
EDNETICS's equipment if EDNETICS fails to remove and
dispose of the equipment by the effective date of the
termination. EDNETICS will be charged the appropriate
additional labor charge in the Pricing Attachment for the
removal and disposal of such equipment. All monthly
recurring charges will continue to be charged to EDNETICS
until the effective date of the termination or, at Frontier
discretion, until any later date up to the date that all
equipment is removed and the Collocation space is restored
to its original condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. If Frontier or
EDNETICS has terminated a Collocation arrangement
pursuant to Sections 1.8.2 and 1.8.3 and EDNETICS
("original CLEC") has paid a non-recurring charge(s) for an
asset in a Collocation arrangement, and is succeeded by
another CLEC who uses the same asset ("subsequent
CLEC"), EDNETICS will receive a refund from Frontier 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
Frontier uses an asset for which EDNETICS paid a non-
recurring charge, Frontier will make a pro rata refund of
such paid non-recurring charges to EDNETICS. For
purposes of calculating prorated refunds to EDNETICS,
Frontier will use the economic life of the asset. Any refunds
issued pursuant to this section shall be applied first as a
credit to any accounts with balances owed by EDNETICS to
Frontier, and any remaining refund amount will be issued to
EDNETICS. Engineering/major augment fees submitted
with the application and any other paid non-recurring
charges not associated with the asset will not be refunded.
1.8.5 Closure, Decommissioning or Sale of Premises. Collocation
arrangements will automatically terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Frontier's network facilities. At least one hundred
eighty (180) days written notice will be given to EDNETICS of events
which may lead to the automatic termination of any such arrangement
pursuant to the terms and conditions of this Attachment, except when
extraordinary circumstances require a shorter interval. In such cases,
Frontier will provide notice to EDNETICS as soon as practicable.
Frontier will work with EDNETICS to identify alternate Collocation
arrangements. Frontier will work cooperatively with EDNETICS to
minimize any potential for service interruption resulting from such
actions.
1.8.6 Miscellaneous. Frontier retains ownership of Frontier premise floor
space, adjacent land and equipment used to provide all forms of
Collocation. Frontier reserves for itself and its successors and
assignees, the right to utilize the Frontier premises' space in such a
manner as will best enable it to fulfill Frontier's service requirements.
EDNETICS does not receive, as a result of entering into a Collocation
arrangement hereunder, any right, title or interest in Frontier's premise
facility, the multiplexing node, multiplexing node enclosure, cable,
EDNETICS ID Comp v3.3a_07142010 160
cable space, cable racking, vault space or conduit space other than as
expressly provided herein. To the extent that EDNETICS requires use
of a Frontier local exchange line, EDNETICS must order a business
local exchange access line (Bi). EDNETICS may not use Frontier
official lines.
1.9 Virtual Collocation.
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Attachment shall apply to virtual Collocation.
1.9.1 Description. Under virtual Collocation, Frontier installs and maintains
EDNETICS provided equipment, which is dedicated to the exclusive
use of EDNETICS in a Collocation arrangement. EDNETICS provides
fiber-optic facilities through Frontier entrance manholes for connection
to EDNETICS virtually collocated transmission equipment that
provides interconnection to Frontier facilities located in the premises.
The physical point of interface for connection to the virtual arrangement
is referred to as manhole zero. From this manhole into the premises,
Frontier shall assume ownership of and maintain the fiber. From this
manhole toward EDNETICS's location, the fiber optic cable remains
EDNETICS's responsibility, with EDNETICS performing all servicing
and maintaining full ownership. If EDNETICS is purchasing Frontier
provided unbundled interoffice facilities as transport, EDNETICS
entrance fiber is not required. All elements/services shall be connected
to the output cables of the virtual Collocation arrangement using
Frontier designated cable assignments, not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
If EDNETICS requests virtual Collocation of equipment other than the
standard virtual arrangement, EDNETICS and Frontier will mutually
agree upon the type of equipment to be virtually collocated.
1.9.2 Implementation Intervals and Planning. Frontier and EDNETICS shall
work cooperatively to jointly plan the implementation milestones.
Frontier and EDNETICS shall work cooperatively in meeting those
milestones and deliverables as determined during the joint planning
process. A preliminary schedule will be developed outlining major
milestones including anticipated delivery dates for the EDNETICS-
provided transmission equipment and for training.
Frontier will notify EDNETICS of issues or unanticipated delays, as
they become known. Frontier and EDNETICS shall conduct additional
joint planning meetings, as reasonably required, to ensure all known
issues are discussed and to address any that may impact the
implementation process. Planning meetings shall include
establishment of schedule, identification of tests to be performed, spare
plug-in/card requirements, test equipment, and determination of the
final implementation schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
EDNETICS ID Comp v3.3a _07142010 161
governing forecasting and capacity. EDNETICS shall deliver the virtual
Collocation equipment to Frontier premises by Business Day forty (40).
Frontier and EDNETICS shall work cooperatively to schedule each site
on a priority-based order. Frontier and EDNETICS shall mutually
agree upon intervals for non-standard arrangements.
1.9.3 Transmission Failure. EDNETICS shall be responsible for monitoring
and reporting signal loss to Frontier. In the event of a transmission
failure, EDNETICS shall be responsible for initial trouble isolation as
set forth in Section 1.9.9, regardless of whether the fiber span is
equipped with optical regeneration equipment.
1.9.4 Accommodations. Upon receipt of a completed application and
associated virtual engineering fee, Frontier will conduct an application
review, engineering review and site survey at the requested premises.
Frontier will notify EDNETICS within eight (8) Business Days of the
results of this review and site survey.
The dedicated terminal equipment inside Frontier's premises shall be
provided by EDNETICS and leased to Frontier for the sum of one dollar
after successful installation and equipment testing by Frontier. The
term of the operating lease will run for the duration of the virtual
Collocation arrangement, at which time EDNETICS will remove the
equipment. EDNETICS will retain ownership of this equipment inside
the premises. Frontier will operate and maintain exclusive control over
this equipment inside the premises.
Where Frontier uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, EDNETICS may hire the
same approved contractors directly for installation, maintenance or
repair of EDNETICS designated equipment.
Where Frontier does not use contractors, EDNETICS designated
equipment and EDNETICS provided facilities used in the provision of
virtual Collocation will be installed, maintained and repaired by Frontier.
Frontier will maintain and repair EDNETICS designated equipment
under the same timeframe and standards as its own equipment.
EDNETICS personnel are not allowed on Frontier premises to maintain
and repair on virtual Collocation equipment.
Frontier shall monitor local premises and environmental alarms to
support the equipment. Frontier will notify EDNETICS if a local office
alarm detects an equipment affecting condition.
Frontier will be responsible to pull the fiber into and through the cable
entrance facility (i.e., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facility are performed by Frontier
personnel or its agents.
No virtual Collocation arrangement will be placed in service by Frontier
until necessary training has been completed (refer to Section 1.9.11).
1.9.5 Plug-ins and Spare Cards. When a plug-in/card is determined by
Frontier to be defective, Frontier will label the plug-in as defective and
place it in EDNETICS-dedicated plug-in/card storage cabinet.
EDNETICS will be notified as the plug-in/card is replaced.
EDNETICS ID Comp v3.3a _071 42010 162
Frontier will not provide spare plug-ins/cards under any circumstances,
nor is Frontier responsible for EDNETICS's failure to replace defective
plug-ins/cards. Frontier shall not be held responsible if EDNETICS
provides an inadequate supply of plug-ins/cards. Frontier will
segregate and secure EDNETICS-provided maintenance spares in
EDNETICS-provided spare plug-in/card cabinet.
EDNETICS shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. In addition, EDNETICS shall
provide Frontier with maintenance spares for each plug-in/card type.
The number of maintenance spares shall be the manufacturer's
recommended amount, unless otherwise mutually agreed by Frontier
and EDNETICS, 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 EDNETICS prior to delivery to Frontier.
In addition to maintenance spares, EDNETICS will also provide any
unique tools or test equipment required to maintain, turn-up, or repair
the equipment.
Upon receiving notification from Frontier that-a plug-in/card has been
replaced, EDNETICS is then responsible to contact the Frontier
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, EDNETICS 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 Frontier'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 Frontier and EDNETICS.
1.9.6 Safety and Technical Standards. Frontier reserves all rights to
terminate, modify or reconfigure the provision of service to EDNETICS
if, in the discretion of Frontier, provision of service to EDNETICS may
in any way interfere with or adversely affect Frontier's network or its
ability to service other CLECs.
All EDNETICS equipment to be installed in Frontier premises must fully
comply with the GR — 000063 — CORE, GR - 1089— CORE and
Frontier's premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeguards.
It is EDNETICS's responsibility to demonstrate and provide to Frontier
adequate documentation from an accredited source certifying
compliance. EDNETICS equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
EDNETICS ID Comp v3.3a 071 42010 163
EDNETICS equipment is not required to meet the same performance
and reliability standards as Frontier imposes on its own equipment as
defined in RNSA - NEB - 95-0003, Revision 10 or higher.
EDNETICS may install equipment that has been deployed by Frontier
for five years or more with a proven safety record.
All EDNETICS's entrance facilities and splices must comply with TR -
TSY - 00020, TR - NWT —001058, BR - 760 - 200 - 030 and SR -
TAP —001421 as they relate to fire, safety, health, environmental
safeguards and interference with Frontier's services and facilities.
Such requirements include, but are not limited to the following: (1) The
fibers must be single mode; (2) The fiber optic units must be of loose
tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be
marked according to the cable marking requirements in GR - 20 -
CORE, Section 6.2.1 - 4; (4) The fiber must be identified according to
the fiber and unit identification (color codes) in GA - 20 - CORE,
Section 6.2.5; (5) Unless otherwise mutually agreed, the outer cable
jacket shall consist of a polyethylene resin, carbon black, and suitable
antioxidant system; and (6) Silica fibers shall be fusible with a
commercially available fusion splicer(s) that is commonly used for this
operation.
1.9.7 Control Over Premises-Based Equioment. Frontier exercises
exclusive physical control over the premises-based transmission
equipment that terminates EDNETICS's circuits and provides the
installation, maintenance, and repair services necessary to assure
proper operation of the virtually collocated facilities and equipment.
Such work will be performed by Frontier under the direction of
EDNETICS.
1.9.8 Removal of Equipment. Frontier reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilities and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 - CORE.
1.9.9 Installation and Trouble Resolution. Frontier will 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 will contact EDNETICS at the number provided and service
the equipment as instructed and directed by EDNETICS.
1.9.10 Placement. Removal and Monitorinci of Facilities and Equipment.
From manhole zero toward EDNETICS's location the fiber optic cable
remains EDNETICS's responsibility, with EDNETICS performing all
servicing and maintaining full ownership.
EDNETICS has the responsibility to remotely monitor and control their
circuits terminating in Frontier's premises, however, EDNETICS will not
enter Frontier's premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by EDNETICS. A clear distinction must be made by
EDNETICS when submitting reports of troubles on Frontier
services/elements connected to the virtually collocated equipment and
reports of troubles with the collocated equipment. The former can be
handled using Frontier technicians and standard processes. The latter
EDNETICS ID Comp v3.3a _07142010 164
will require specially trained technicians familiar with the collocated
equipment (refer to Section 1.9.11).
When EDNETICS isolates a trouble and determines that a Frontier
technician should be dispatched to the equipment location for a
servicing procedure, EDNETICS shall enter a trouble ticket with
Frontier. EDNETICS shall provide standard trouble information,
including the virtual Collocation arrangement's circuit identification,
nature of the activity request, and the name and telephone number of
EDNETICS's technician/contact.
Responses to all equipment servicing needs will be at EDNETICS's
direction. Maintenance will not be performed without EDNETICS's
direct instruction and authorization.
If EDNETICS is providing its own transport fiber for the virtual
Collocation arrangement, EDNETICS will arrange placement of the
fiber into manhole zero with enough length (as designated by Frontier)
to reach the virtual Collocation arrangement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by EDNETICS. Frontier technicians will perform the
instructed activities on the equipment as specifically directed by
EDNETICS.
EDNETICS shall provide, own, and operate the terminal equipment at
their site outside Frontier's premises.
1.9.11 Use of Non-Standard EpuiDment. When EDNETICS requests a virtual
Collocation arrangement consisting of equipment which Frontier does
not use in its network nor has deployed in that particular premise to
provide service to itself or another CLEC, EDNETICS shall be
responsible for training 50%, but no fewer than five, of Frontier
technicians in the administrative work unit responsible for servicing the
equipment. Any special tools or electronic test sets that Frontier does
not have at the premises involved must be provided by EDNETICS
with adequate manufacturer's training.
EDNETICS is responsible to arrange and pay all costs (including but
not limited to transportation and lodging for Frontier technicians) to
have Frontier technicians professionally trained by appropriate trainers
certified on the specific equipment to be used to provide the virtual
Collocation arrangement to EDNETICS. EDNETICS shall also pay for
Frontier technicians' time subject to rates contained in the Pricing
Attachment. When travel is required, travel expenses associated with
training will be charged to EDNETICS 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 EDNETICS also has
the option of arranging and paying for all travel expenses for Frontier
technicians directly.
In the event of an equipment upgrade, EDNETICS must provide
secondary training subject to the provisions contained herein.
1.9.12 Additions and Rearrangements. Once EDNETICS has established a
virtual Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
EDNETICS ID Comp v3.3a _07142010 165
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. If EDNETICS decides to rearrange an
existing virtual Collocation arrangement, EDNETICS must submit a
new application outlining the details of the rearrangement along with a
virtual engineering/major augment fee.
1.9.13 Application of Rates and Charges.
Billing. Frontier will apply charges (e.g., non-recurring and recurring
rates for entry fiber, power, etc.) and commence billing 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 EDNETICS to utilize the completed virtual Collocation
arrangement will not impair the right of Frontier to commence billing.
Frontier shall charge EDNETICS for all costs incurred in providing the
virtual Collocation arrangement, including, but not limited to, Frontier's
planning, engineering and installation time and costs incurred by
Frontier for inventory services. Any and all expenses associated with
placing EDNETICS's fiber in manhole zero, including license fees, shall
be the responsibility of EDNETICS.
Virtual Engineering Fee. Frontier will require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Frontier location where EDNETICS requests to
establish virtual Collocation. A virtual engineering/major augment fee
is required to be submitted by EDNETICS 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 Frontier's performance of an initial site
visit and an engineering evaluation.
If EDNETICS cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, EDNETICS will be liable for all costs and
liabilities incurred by Frontier in the developing, establishing, or
otherwise furnishing the virtual Collocation arrangement up to the point
of cancellation or withdrawal.
Other Virtual Collocation Rate Elements. The application, description,
and rates of Collocation rate elements that are also applicable for
virtual 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 will
be assessed a minor augment fee. All other conversion requests for
virtual to caged or cageless will be assessed an engineering/major
augment Fee and other applicable charges. Frontier will notify
EDNETICS within ten (10) Business Days following receipt of the
completed Augment Application if EDNETICS conversion request is
accepted or denied. When converting a virtual arrangement to a
caged or cageless arrangement, EDNETICS's equipment may need to
be relocated. EDNETICS will be responsible for all costs associated
with the relocation of its equipment as described in Section 1.2.7.
EDNETICS ID Comp v3.3a _07142010 166
1.10 Microwave Collocation.
Microwave Collocation is available on a first-come first-served basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Frontier facilities through the CollOcation arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attachment shall apply to microwave Collocation.
1.10.1 Accommodations. Frontier will provide space within the cable riser,
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Frontier's interconnection
point. Waveguide may not be placed in Frontier cable risers or racks.
Frontier reserves the right to prohibit the installation of waveguide,
metallic conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required will be discussed during the pre-construction
survey.
Frontier 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. Frontier may require EDN ETICS's
transmitter/receiver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or relay rack mounted. Frontier
may enclose EDNETICS's multiplexing node or transmitter/receiver
equipment in a cage or room.
At the option of Frontier, the antenna support structure shall be built,
owned and maintained by either Frontier or by EDNETICS. Frontier
reserves the right to use existing support structures for EDNETICS's
antenna, subject to space and capacity limitations. Frontier also
reserves the right to use any unused portion of a support structure
owned by EDNETICS for any reason, subject to the provisions set forth
below. It shall be the responsibility of the owner of the support
structure to maintain a record of the net book value of the structure.
When Frontier is the owner of the structure, it shall keep such records
in accordance with the FCC's Part 32 uniform system of accounts.
When EDNETICS is the owner of the structure, it shall keep such
records in accordance with generally accepted accounting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilities, transmitter/receiver
equipment may be located in EDNETICS's interior Collocation space,
or in a separate location inside or on the exterior of the building as
determined by Frontier.
1.10.2 Security. Frontier will permit EDNETICS's employees, agents and
contractors approved by Frontier to have access to the areas where
EDNETICS's microwave antenna and associated equipment (e.g.,
tower and support structure, transmitter/receiver equipment, and
waveguide and/or coaxial cable) is located during normal business
EDNETICS ID Comp v3.3a _07142010 167
hours for installation and routine maintenance, provided that
EDNETICS employees, agents and contractors comply with the
policies and practices of Frontier pertaining to fire, safety and security.
Such approval will not be unreasonably withheld. During non-
business hours, Frontier will provide access on a per event basis.
Frontier will also permit all approved employees, agents and contractors of
EDNETICS to have access to EDNETICS's cable and associated equipment
(e.g., repeaters). This will include access to riser cable, cableways, and any
room or area necessary for access.
1.10.3 Safety and Technical Standards. Frontier reserves the right to remove
facilities and equipment from its list of approved products if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibility and
electrical safety generic criteria for network telecommunication
equipment specified in GR - 1089 CORE. Frontier will provide 90
days notice of the change unless it is due to an emergency which
renders notice impossible.
Frontier reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, EDNETICS or if applicable,
Frontier, shall have the complete structure, including guys and
supports, inspected every two years by an acceptable licensed
professional engineer of its choice specializing in this type of
inspection. For EDNETICS owned structures that are solely for the use
of one CLEC's antenna(s), such inspection will be at EDNETICS'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 Frontier within
ten (10) days of the inspection. The owner shall be responsible to
complete all maintenance and/or repairs, as recommended by the
engineer, within 90 days.
EDNETICS shall provide written notice to Frontier of any complaint
(and resolution of such complaint) by any governmental authority or
others pertaining to the installation, maintenance or operation of
EDNETICS's facilities or equipment located in roof space or
transmitter/receiver space. EDNETICS also agrees to take all
necessary corrective action.
All EDNETICS microwave equipment to be installed in or on the
exterior of Frontier premises must be on the Frontier's list of approved
products, or equipment that is demonstrated as complying with the
technical specifications described herein. Where a difference may
exist in the specifications, the more stringent shall apply.
EDNETICS must comply with Frontier technical specifications for
microwave Collocation interconnection specified in NIP —74171 and
Frontier's digital switch environmental requirements specified in NIP -
EDNETICS ID Comp v3.3a _07142010 168
74165, as they relate to fire, safety, health, environmental, and network
safeguards, and ensure that EDNETICS provided equipment and
installation activities do not act as a hindrance to Frontier services or
facilities. EDNETICS'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.
EDNETICS facilities shall be placed, maintained, relocated or removed
in accordance with the applicable requirements and specifications of
the current edition of NIP —74171, national electric code, the national
electrical safety code, rules and regulations of the OSHA, and any
governing authority having jurisdiction.
All EDNETICS microwave facilities must comply with Bellcore
specifications regarding microwave and radio based transmission and
equipment, CEF, BR - 760 - 200— 030, and SR - TAP —001421; and
Frontier's practices as they relate to fire, safety, health, environmental
safeguards transmission and electrical grounding requirements, or
interference with Frontier services or facilities.
The equipment located in, on or above the exterior walls or roof of
Frontier's building must either be on Frontier's list of approved products
or fully comply with requirements specified in OR - 63 - CORE, OR -
1089 - CORE and NIP 74171. This equipment must also comply with
NIP —74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or interference with Frontier service or facilities.
Each transmitter individually and all transmitters collectively at a given
location shall comply with appropriate federal, state and/or local
regulations governing the safe levels of radio frequency radiation. The
minimum standard to be met by EDNETICS in all cases is specified in
ANSI C95.1 - 1982.
EDNETICS equipment must conform to the same specific risk, safety,
hazard standards which Frontier imposes on its own premises
equipment as defined in RNSA - NEB - 95-0003, Revision 10 or
higher. EDNETICS equipment is not required to meet the same
performance and reliability standards as Frontier imposes on its own
equipment as defined in RNSA - NEB —95-0003, Revision 10 or
higher.
1.10.4 Placement and Removal of Facilities and Equipment. Prior to
installation of EDNETICS's facilities or transmission equipment for
microwave interconnection, EDNETICS must obtain at its sole cost
and expense all necessary licenses, permits, approvals, and/or
variances for the installation and operation of the equipment and
particular microwave system, and when applicable for any towers or
support structures, as may be required by authorities having
jurisdiction.
EDNETICS is not permitted to penetrate the building exterior wall or
roof when installing or maintaining transmission equipment and support
structures. All building penetration will be done by Frontier or a hired
agent of Frontier.
EDNETICS ID Comp v3.3a 07142010 169
Any EDNETICS's equipment used to produce or extract moisture must
be connected to existing or newly constructed building or roof top
drainage systems, at the expense of EDNETICS.
EDNETICS will be responsible for supplying, installing, maintaining,
repairing and servicing the following microwave specific equipment:
Waveguide, waveguide conduit, and/or coaxial cable, the microwave
antenna and associated tower and support structure and any
associated equipment; and the transmitter/receiver equipment and any
required grounding.
EDNETICS may install equipment that has been deployed by Frontier
for five years or more with a proven safety record.
1.10.5 Moves, Replacements or Other Modifications. Where EDNETICS
intends to modify, move replace or add to equipment or facilities within
or about the roof space or transmitter/receiver space(s) and requires
special consideration (e.g., use of freight elevators, loading dock,
staging area, etc.), EDNETICS must request and receive written
consent from Frontier. Such consent will not be unreasonably
withheld. EDNETICS shall not make any changes from initial
installation in terms of the number of transmitter/receivers, type of
radio equipment, power output of transmitters or any other technical
parameters without the prior written approval of Frontier.
1.10.6 Space and Facilities. Monthly rates are applicable to EDNETICS for
the space (generally on the premises roof) associated with Frontier 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 EDNETICS's relative capacity
ratio (RCR), (i.e., the sum of the RCRs of each of the EDNETICS's
antennas).
Square footage for the footprint will be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
structures used by EDNETICS. For a non-rectangular footprint, the
length will be measured at the longest part of the footprint and the
width will be the widest part of the footprint;
The owner of the support structure may charge EDNETICS proposing
to use the structure, on a one-time basis, for the following costs and/or
values. Any incremental costs associated with installing the
EDNETICS'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 EDNETICS's proposed antenna(s) to be mounted on the
structure. EDNETICS's RCR represents the percent of the total
capacity of the support structure used by EDNETICS's antenna(s) on
the structure. Spare capacity shall be deemed to be that of the owner
of the structure. RCRs shall be expressed as a two place decimal
number, rounded to the nearest whole percent. The sum of all users'
RCRs and the owner's RCA shall at all times equal 1.00. It shall be the
responsibility of the owner of the structure to provide EDNETICS the
net book value of the structure at the time of the proposed use. Upon
EDNETICS ID Comp v3.3a _07142010 170
request, the owner shall also provide the proposed user accounting
records or other documentation supporting the net book value.
The owner of the structure may not assess EDNETICS any charges in
addition to the one-time charge described above, except that the owner
of the structure may assess EDNETICS a proportionate share of
inspection costs and Frontier may assess EDNETICS monthly
recurring charges for use of its roof space. At the time EDNETICS
proposes to attach additional antennas to an existing support structure,
it shall be the responsibility of EDNETICS 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 EDNETICS is the owner of the structure, the proposed user
shall pay EDNETICS directly the one-time charge as set forth above.
When Frontier is the owner of the support structure, it shall determine
the charge on an individual case basis. In the event that EDNETICS
as owner of the support structure fails to comply with these provisions,
at Frontier's option, ownership of the support structure shall transfer to
Frontier.
Costs incurred by Frontier to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto in
order to insure that such loadings meet generally accepted engineering
criteria for radio tower structures, will be billed to EDNETICS.
1.10.7 Emergency Power and/or Environmental Support. In the event special
work must be done by Frontier to provide emergency power or
environmental support to the transmitter/receiver equipment or
antenna, EDNETICS will be billed on a time and materials basis for the
costs incurred.
1.10.8 Escorting. When EDNETICS personnel are escorted by a qualified
Frontier employee for access to the roof space, transmitter/receiver
space, or cable risers and racking for maintenance, the miscellaneous
labor charges as set forth in the Pricing Attachment will apply.
EDNETICS IDCompv3.3a_07142010 171
911 ATTACHMENT
1.911/E-911 Arrangements
1.1 911 /E-91 1 arrangements provide a caller access to the appropriate PSAP by
dialing a 3-digit universal telephone number "911". Frontier provides and
maintains such equipment and software at the 91 1/E-91 1 Tandem
Office(s)/Selective Router(s), Frontier interface point(s) and ALl Database as is
necessary for 91 1/E-911 Calls in areas where Frontier is the designated 91 1/E-
911 Service Provider.
1.2 Frontier shall make the following information available to EDNETICS, to the
extent permitted by Applicable Law. Such information is provided at the Frontier
website (formerly referred to as the Frontier wholesale website):
1.2.1 a listing of the CLLI code (and SS7 point code when applicable) of
each 911 /E-91 1 Tandem Office(s)/Selective Router(s) and associated
geographic location served for areas where Frontier is the designated
911 /E-91 1 Service Provider;
1.2.2 a listing of appropriate Frontier contact telephone numbers and
organizations that currently have responsibility for operations and
support of Frontier's 911 /E-91 1 network and ALl Database systems;
and
1.2.3 where Frontier maintains a Master Street Address Guide (MSAG) on
behalf of the Controlling 911 Authority, Frontier shall provide to
EDNETICS a complete copy of such MSAG annually upon written
request for each county within the LATA(s) in the State of Idaho,
where EDNETICS is providing Telephone Exchange Service, provided
that Frontier is permitted to do so by Controlling 911 Authority.
2.ALl Database
2.1 Where Frontier manages the ALl Database, information, regarding the ALl
Database is provided electronically at the Frontier website (formerly referred to
as the Frontier wholesale website).
2.2 Where Frontier manages the ALl Database, Frontier shall:
2.2.1 store EDNETICS end user data provided by EDNETICS in the ALl
Database;
2.2.2 provide EDNETICS access to the ALl Database for the initial loading
and updating of EDNETICS end user records in accordance with
information contained in the Frontier website (formerly referred to as
the Frontier wholesale website); and
2.2.3 provide EDNETICS an error and status report based on updates to the
ALl Database received from EDNETICS.
2.3 Where Frontier manages the ALl Database, EDNETICS shall:
2.3.1 provide MSAG valid E-91 1 data for each of its end users for the initial
loading of, and any and all updates to thi ALl database;
EDNETICS ID Comp v3.3a _07142010 172
2.3.2 utilize the appropriate Frontier electronic interface to update E-91 1
data in the ALl Database related its end users (and all such database
information in the ALl Database shall conform to Frontier standards,
which are provided at the Frontier website (formerly referred to as the
Frontier wholesale website));
2.3.3 use its company ID on all end user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entry of E-911 data in the ALl
Database; and
2.3.5 enter E-911 data into the ALl Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using
EDNETICS's NENA ID to lock and unlock records and the posting of
the EDNETICS NENA ID to the ALl Database record where such
locking and unlocking feature for E-911 records is available, or as
defined by local standards. EDNETICS is required to promptly unlock
and migrate its E-911 records in accordance with NENA standards. In
the event that EDNETICS discontinues providing Telephone Exchange
Service to any of its end users, it shall ensure that its E-91 1 records
for such end users are unlocked in accordance with NENA standards.
2.4 In the event EDNETICS uses an Agent to input its end user's E-911 data to the
ALl Database through the appropriate Frontier electronic interface, EDNETICS
shall provide a Letter of Authorization, in a form acceptable to Frontier, identifying
and authorizing its Agent.
3. 911/E-911 Interconnection
3.1 EDNETICS may, in accordance with Applicable Law, interconnect to the Frontier
91 1/E-91 1 Tandem Office(s)/Selective Router(s) or Frontier interface point(s).
Frontier shall designate interface point(s), e.g., digital cross connect systems
(DCS), where EDNETICS may interconnect with Frontier for the transmission
and routing of 91 1/E-911 Calls to all subtending PSAPs that serve the areas in
which EON ETICS provides Telephone Exchange Services.
3.2 In order to interconnect with Frontier for the transmission and routing of 91 1IE-
911 Calls, EDNETICS shall:
3.2.1 interconnect with each Frontier 911 /E-91 1 Tandem Office/Selective
Router or Frontier interlace point that serves the exchange areas in
which EDNETICS is authorized to and will provide Telephone
Exchange Service;
3.2.2 provide a minimum of two (2) one-way outgoing 91 1/E-911 trunks over
diversely routed facilities that are dedicated for originating 911 /E-91 1
Calls from the EDNETICS switch to each designated Frontier 91 1IE-
911 Tandem Office/Selective Router or Frontier interface point, using
SS7 signaling where available, as necessary;
3.2.3 [Intentionally Left Blank];
3.2.4 provide sufficient trunks and facilities to route 911 /E-91 1 Calls from
EON ETICS to the designated Frontier 91 1/E-911 Tandem
Office(s)/Selective Router(s) or Frontier interface point(s). EDNETICS
EDNETICS ID Comp v3.3a_07142010 173
is responsible for requesting that trunks and facilities be routed
diversely for 911 /E-91 1 interconnection;
3.2.5 determine the proper quantity of trunks and facilities from its switch(es)
to the Frontier 911 /E-91 1 Tandem Office(s)/Selective Router(s) or
Frontier interface point(s);
3.2.6 engineer its 911/E-91 1 trunks and facilities to attain a minimum P.01
grade of service as measured using the "busy day/busy hour" criteria
or at such other minimum grade of service as required by Applicable
Law or the Controlling 911 Authority;
3.2.7 monitor its 91 1/E-911 trunks and facilities for the purpose of
determining originating network traffic volumes. If the EDNETICS
traffic study indicates that additional trunks and/or facilities are needed
to meet the current level of 91 1/E-911 Call volumes, EDNETICS shall
order or otherwise provide adequate additional trunks and/or facilities;
3.2.8 promptly test all 91 1/E-911 trunks and facilities between the
EDNETICS network and the Frontier 91 1/E-911 Tandem
Office(s)/Selective Router(s) or Frontier interface point(s) to assure
proper functioning of 911/E-91 1 arrangements. EDNETICS shall not
transmit or route live 911 /E-91 1 Calls until successful testing is
completed; and
3.2.9 isolate, coordinate and restore all 911 /E-91 1 network maintenance
problems from its switch(es) to the Frontier 91 1/E-911 Tandem
Office(s)/Selective Router(s) or Frontier interface points. EDNETICS
shall advise Frontier of the circuit identification when notifying Frontier
of a failure or outage.
4.911/E-911 General
4.1 Frontier and EDNETICS shall work cooperatively to arrange meetings with the
Controlling 911 Authorities to answer any technical questions the PSAPs, or
county or municipal coordinators may have regarding the initial 911 /E-91 1
arrangements
4.2 EDNETICS shall compensate Frontier for provision of 91 1/E-91 1 Services
pursuant to the Pricing Attachment of this Agreement.
4.3 EDNETICS and Frontier shall comply with all Applicable Law (including 911
taxes and surcharges as defined by Applicable Law) pertaining to 91 1/E-911
arrangements.
4.4 EDNETICS shall collect and remit, as required, any 91 1/E-91 1 applicable
surcharges from its end users in accordance with Applicable Law.
5.Good Faith Performance
If and, to the extent that, Frontier, prior to the Effective Date, has not provided in the
State of Idaho a Service offered under this Attachment, Frontier reserves the right to
negotiate in good faith with EDNETICS reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement's dispute resolution
procedures.
EDNETICS ID Compv3.3a_07142010 174
EDNETICS ID Comp v3.3a 07142010 175
PRICING ATTACHMENT
1.General
1.1 As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attachment, Charges for
Services shall be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the
Providing Party's applicable Tariff.
1.4 In the absence of Charges for a Service established pursuant to Section 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attachment
that do not include a Charge, either marked as "TBD" or otherwise, Frontier is
developing such Charges and has not finished developing such Charges as of
the Effective Date of this Agreement ("Effective Date"). When Frontier finishes
developing such a Charge, Frontier shall notify EDNETICS in writing of such
Charge in accordance with, and subject to, the notices provisions of this
Agreement and thereafter shall bill EDNETICS, and EDNETICS shall pay to
Frontier, for Services provided under this Agreement on the Effective Date and
thereafter in accordance with such Charge. Any notice provided by Frontier to
EDNETICS pursuant to this Section 1.4 shall be deemed to be a part of Appendix
A of this Pricing Attachment immediately after Frontier sends such notice to
EDNETICS and thereafter.
1.5 The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically superseded
by any new Charge(s) when such new Charge(s) are required by any order of the
Commission or the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has been filed with the Commission or the FCC), provided such
new Charge(s) are not subject to a stay issued by any court of competent
jurisdiction.
1.6 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Party's FCC or Commission approved Charges.
1.8 In the absence of Charges for a Service established pursuant to Sections 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
2.Frontier Telecommunications Services Provided to EDNETICS for Resale Pursuant
to the Resale Attachment
2.1 Frontier Telecommunications Services for which Frontier is Required to Provide a
Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
EDNETICS ID Comp v3.3a _07142010 176
2.1.1 The Charges for a Frontier Telecommunications Service purchased by
EDNETICS for resale for which Frontier is required to provide a
wholesale discount pursuant to Section 251 (c)(4) of the Act shall be
the Retail Price for such Service set forth in Frontier's applicable
Tariffs (or, if there is no Tariff Retail Price for such Service, Frontier's
Retail Price for the Service that is generally offered to Frontier's
Customers), less, to the extent required by Applicable Law: (a) the
applicable wholesale discount stated in Frontier's Tariffs for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act; or (b) in the absence of an applicable
Frontier Tariff wholesale discount for Frontier Telecommunications
Services purchased for resale pursuant to Section 251 (c)(4) of the Act,
the applicable wholesale discount stated in Appendix A for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251 (c)(4) of the Act.
2.1.2 The Charges for a Frontier Telecommunications Service Customer
Specific Arrangement ("CSA") purchased by EDNETICS for resale
pursuant to Section 3.3 of the Resale Attachment for which Frontier is
required to provide a wholesale discount pursuant to Section 251 (c)(4)
of the Act shall be the Retail Price for the CSA, less, to the extent
required by Applicable Law: (a) the applicable wholesale discount
stated in Frontier's Tariffs for Frontier Telecommunications Services
purchased for resale pursuant to Section 251 (c)(4) of the Act; or (b) in
the absence of an applicable Frontier Tariff wholesale discount for
Frontier Telecommunications Services purchased for resale pursuant
to Section 251 (c)(4) of the Act, the applicable discount stated in
Appendix A for Frontier Telecommunications Services purchased for
resale pursuant to Section 251 (c)(4) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Frontier may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to EDNETICS for resale
pursuant to Section 251 (c)(4) of the Act.
2.1.3 Notwithstanding Sections 2.1 and 2.2 of this Attachment, in
accordance with, and to the extent permitted by Applicable Law,
Frontier 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 EDNETICS for resale
pursuant to Section 251 (c)(4) of the Act.
2.1.4 The wholesale discount stated in Appendix A shall be automatically
superseded by any new wholesale discount when such new wholesale
discount is required by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
2.1.5 The wholesale discount provided for in Sections 2.1.1 through 2.1.3 of
this Attachment shall not be applied to:
2.1.5.1 Short term promotions as defined in 47 CFR § 51.613;
EDNETICS ID Comp v3.3a_07142010 177
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Access services;
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Party Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale discount under
Section 251 (c)(4) of the Act.
2.2 Frontier Telecommunications Services for which Frontier is Not Required to
Provide a Wholesale Discount Pursuant to Section 251 (c)(4) of the Act.
2.2.1 The Charges for a Frontier Telecommunications Service for which
Frontier is not required to provide a wholesale discount pursuant to
Section 251 (c)(4) of the Act shall be the Charges stated in Frontier's
Tariffs for such Frontier Telecommunications Service (or, if there are
no Frontier Tariff Charges for such Service, Frontier's Charges for the
Service that are generally offered by Frontier).
2.2.2 The Charges for a Frontier Telecommunications Service customer
specific contract service arrangement ("GSA") purchased by
EDNETICS pursuant to Section 3.3 of the Resale Attachment for
which Frontier 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
GSA and any other Charges that Frontier could bill the person to
whom the GSA was originally provided (including, but not limited to,
applicable Frontier Tariff Charges).
2.3 Other Charges.
2.3.1 EDNETICS shall pay, or collect and remit to Frontier, without discount,
all Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Frontier Telecommunications
Services provided by Frontier to EDNETICS.
3.EDNETICS Prices
Notwithstanding any other provision of this Agreement, the Charges that EDNETICS bills
Frontier for EDNETICS's Services shall not exceed the Chargesfor Frontier's
comparable Services, except to the extent that EDNETICS's cost to provide such
EDNETICS's Services to Frontier exceeds the Charges for Frontier's comparable
Services and EDNETICS has demonstrated such cost to Frontier, or, at Frontiers
request, to the Commission or the FCC.
4.[This Section Intentionally Left Blank]
5.Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
EDNETICS ID Compv3.3a07142010 178
with regard to the Charges of the other Party (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).
EDNETICS ID Comp v3.3a 07142010 179
APPENDIX A TO THE PRICING ATTACHMENT'
(IDAHO)
0.113
I. Rates and Charges for Transport and Termination of Traffic 2
A.Reciprocal Compensation Traffic Termination
Reciprocal Compensation Traffic End Office Rate: Bill and Keep
Reciprocal Compensation Traffic Tandem Rate: Bill and Keep
B.The Tandem Transit Traffic Service Charge is $0.001 8345 per minute of use.
C.Entrance Facility and Transport for Interconnection Charges: See Intrastate
Special Access Tariff
D.Exchange Access Service: Per Frontier interstate and/or Frontier intrastate
access tariff
This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like
that Frontier does not have an obligation to provide under the Agreement (e.g., services, facilities, arrangements and the
like that Frontier is not required to provide under Section 251 of the Act). Notwithstanding any such rates (and/or
references) and, for the avoidance of any doubt, nothing in this Appendix shall be deemed to require Frontier to provide a
service, facility, arrangement or the like that the Agreement does not require Frontier to provide, or to provide a service,
facility, arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates
arid/or charges as the Commission or the FCC may approve or allow to go into effect from time to time, subject however,
to any stay or other order issued by any court of competent jurisdiction. In addition to any rates and charges set forth
herein, Frontier, effective as of March 11, 2005, may, but shall not be required to, charge (and EDNETICS shall pay) any
rates and charges that apply to a CLECs embedded base of certain UNEs pursuant to the FCC's Order on Remand,
Unbundled Access to Network Elements; Review of the Section 251 Unbundling Obligations of Incumbent Local
Exchange Carriers, WC Docket No. 04-313, CC Docket No. 01 -338 (FCC rel. Feb. 4, 2005) (the TRRO'), the foregoing
being without limitation of other rates and charges that may apply under subsequent FCC orders or otherwise. In
addition, as set forth in Industry Notices, access tariff rates and/or other applicable non-UNE rates may apply for certain
facilities and arrangements that are no longer available as unbundled network elements or combinations thereof.
2 All rates and charges specified herein are pertaining to the Interconnection Attachment.
EDNETICS ID Comp v3.3a _071 42010 180
II. Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRC5) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC $273.09
Customer Record Search Per Account $ 11.69
Ordering and Provisioning
Engineered Initial Service Order (ISO) - New Service $311.98
Engineered Initial Service Order - As Specified $123.84
Engineered Subsequent Service Order $ 59.61
Non-Engineered Initial Service Order - New Service $ 42.50
Non-Engineered Initial Service Order - Changeover $ 21.62
Non-Engineered Initial Service Order - As Specified $ 82.13
Non-Engineered Subsequent Service Order $ 19.55
Central Office Connect $ 12.21
Outside Facility Connect $ 68.30
Manual Ordering Charge $ 12.17
Product Specific
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No
discount applies to such NRCs.
Custom Handling
Service Order Expedite:
Engineered $ 35.48
Non-Engineered $ 12.59
Coordinated Conversions:
ISO $ 17.76
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59
Hot Coordinated Conversion First Hour:
ISO $ 30.55
Central Office Connection $ 42.83
Outside Facility Connection $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:
ISO $ 6.40
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59
EDNETICS ID Comp v3.3a _07142010 181
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that EDNETICS
orders any service from this Agreement.
Customer Record Search applies when EDNETICS requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered Initial Service Order - New Service applies per Local Service Request (LSR)
when engineering work activity is required to complete the order, e.g. digital loops.
Non-Engineered Initial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
Initial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating from Frontier to EDNETICS. Complex Services
are services that require a data gathering form or have special instructions.
Non-Engineered Initial Service Order - Changeover applies only to Basic Services for
services migrating from Frontier to EDNETICS. End-user service may remain the same
or change.
Central Office Connect applies in addition to the ISO when physical installation is
required at the central office.
Outside Facility Connect applies in addition to the ISO when incremental fieldwork is
required.
Manual Ordering Charge applies to orders that require Frontier to manually enter
EDNETICS's order into Frontier's Secure Integrated Gateway System (SIGS), e.g. faxed
orders and orders sent via physical or electronic mail.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if EDNETICS requests
service prior to the standard due date intervals.
Coordinated Conversion applies if EDNETICS requests notification and coordination of
service cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if EDNETICS 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.
EDNETICS ID Comp v3.3a _071 42010 182
Ill. Prices for Unbundled Network Elements 3
Monthly Recurring Charges 4
Local Loop
2 Wire Analog Loop (inclusive of NID) $ 45.00
4 Wire Analog Loop (inclusive of NID) $ 67.00
2 Wire Digital Loop (inclusive of NID) $ 45.00
4 Wire Digital Loop (inclusive of NID) $ 67.00
DS-1 Loop $ 16031
DS-3 Loop $ 320.38
Supplemental Features:
ISDN-BRI Line Loop Extender $ 5.06
DS1 Clear Channel Capability $ 26.00
Sub-Loop
2-Wire Distribution $ 26.04
4-Wire Distribution $ 45.64
2-Wire Drop $ 5.57
4-Wire Drop $ 5.91
Inside Wire BFR
Network Interface Device (leased separately)
Basic NID: $ 1.80
Complex (12 x) NID $ 1.90
Dedicated Transport Facilities
Interoffice Dedicated Transport
IDT DSO Transport Facility per ALM $ 0.13
IDT DSO Transport Termination $ 12.90
IDT DS1 Transport Facility per ALM $ 1.91
IDT DS1 Transport Termination $ 45.00
IDT DS3 Transport Facility per ALM $ 25.15
IDT DS3 Transport Termination $ 234.14
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing $ 194.78
DS3 to DS1 Multiplexing $ 550.00
DS1 Clear Channel Capability $ 26.00
For the avoidance of any doubt, in addition to any rates and charges set forth herein, Frontier,
effective as of March 11, 2005, may, but shall not be required to, charge (and EDNETICS shall pay) any rates and
charges that apply to a CLECs embedded base of certain UNEs pursuant to the TRRO, the foregoing being without
limitation of other rates and charges that may apply under subsequent FCC orders or otherwise; in addition, as set forth in
Industry Notices, access tariff rates and/or other applicable non-UNE rates may apply for certain facilities and
arrangements that are no longer available as unbundled network elements or combinations thereof.
In compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC
Docket No. 98-1840), Frontier will offer limited duration promotional discounts on resold residential exchange access
lines. The terms and conditions on which these promotional discounts are being made available can be found on
Frontiers web site, at http://www.pte.com/wise for former GTE service areas and httix//www.beIl-
atl.com/wholesale/html/resourceshtm for former Bell Atlantic service areas.
EDNETICS ID Comp v3.3a _07142010 183
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT —Facility
Dark Fiber IDT —Termination
Intermediate Office Cross Connect
$ 67.13
$ 24.80
$ 6.34
TBD
EDNETICS ID Comp v3.3a _071 42010 184
EEL Pricing
MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, IDT, Multiplexing, & Clear
Channel Capability).
EDNETICS ID Comp v3.3a_07142010 185
Line Splitting (also referred to as "Loop Sharing ")56
A. Unbundled Local Loops As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurring Charges as amended from time to time.
Includes, without limitation, Recurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge* (per loop), Service Connection-
Other Charge* (per loop), and Provisioning charges. Also
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch In, Out, and Dispatch Expedites, Installation
Dispatch, Manual Intervention, Expedited, Digital Designed
Recurring and Non-Recurring Charges
B. Other Charges I. Regrade $9.59 NRC
j Connection
*Service Connection/Other
A second Service Connection
NRC and Service Connection!
Other NRC applies on New
Loop Sharing Arrangements
involving the connection of
both voice and data
connections.
iii.Disconnect A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.
iv.Line and Station Transfers
/Pair Swaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arrangements.
C. Collocation Rates As Applicable per this Appendix A.
Collocation Rates (including, without
limitation, Splitter Connection and
Installation Rates)
Rates for the individual line splitting components are contained in existing terms for Unbundled
Network Elements and Collocation.
6 This Pricing Attachment incorporates by reference the rates set forth in the Agreement for the
services and charges referenced herein. In the event this Pricing Attachment refers to a service that is not available
under the Agreement, the Agreement shall control. Nothing in this Appendix A shall be deemed to require Frontier to
provide a service that the Agreement does not require Frontier to provide.
EDNETICS ID Comp v3.3a _0714201 0 186
NON-RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Account Establishment Per CLEC $ 166.32
Customer Record Search $ 4.21
Ordering and Provisioning
Loop:
Engineered Initial Service Order (ISO) $ 294.07
Non-Engineered ISO $ 49.31
Central Office Connection $ 12.21
Outside Facility Connection (See Note 1) $ 68.30
NID:
ISO $ 33.38
Outside Facility Connection $ 42.69
Custom Handling
Manual Ordering Charge $ 12.17
Service Order Expedite:
Engineered Loop LSRs $ 25.80
All Other LSRs $ 3.36
Coordinated Conversions:
ISO $ 17.76
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59
Hot Coordinated Conversion First Hour:
ISO $ 30.55
Central Office Connection $ 42.83
Outside Facility Connection $ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:
ISO $ 6.40
Central Office Connection $ 10.71
Outside Facility Connection $ 9.59
Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment
of a new unbundled loop service.
EDNETICS ID Comp v3.3a _07142010 187
NON-RECURRING CHARGES - OTHER UNEs
•X.,..;.
Exchange - FDI Distribution Interconnection - Initial $ 36.32 $ 26.88 $ 61.90 $ 30.36
Exchange - FDI Distribution Interconnection - Subsequent $ 15.01 $ 11.83 $ 16.99 $ 7.22
Exchange - Serving Terminal Interconnection - Initial $ 36.32 $ 26.88 $ 28.99 $ 15.51
Exchange - Serving Terminal Interconnection - Subsequent $ 15.01 $ 11.83 $ 13.23 $ 6.41
UNBU&SM
Advanced - Service Inquiry Charge
Advanced - Interoffice Dedicated Transport - Initial
Advanced - Unbundled Loop - Initial
Intermediate Office Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
$405.87 $405.65 N/A N/A
$ 64.80 $ 64.57 $267.28 $224.68
$ 64.80 $ 64.57 $261.86 $220.43
TBD
TBD
TBD
NEW
Advanced - Basic (2-wire and 4-wire) - Initial $ 88.39 $ 56.13 $12.21 N/A
Advanced - Basic (2-wire and 4-wire) - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS1/DS3 - Initial $ 97.94 $ 65.68 $12.21 N/A
DS1/DS3 - Subsequent $ 38.02 $ 21.89 $ 12.21 N/A
DS3 to DS1 Multiplexer N/A N/A $450.00 N/A
DS1 to DSO Multiplexer N/A N/A $800.00 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is) $161.87 $99.77 $41.64 N/A
Advanced - Basic (2-wire and 4-wire) Changeover (As Is)- $7.52 $4.56 $41.64 N/A
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As Is) $179.37 $117.27 $41.64 N/A
Advanced - Complex (DS1 and above) Changeover (As Is)- $7.52 $4.56 $41.64 N/A
Additional MOG (Mass Order Generator) Only
EDNETICS ID Comp v3.3a _071 42010 188
XX AMA UNION
Loop Conditioning - Bridged Tap N/A N/A $318.71 $ 34.88
Loop Conditioning - Load Coils N/A N/A $249.91 $
Loop Conditioning - Load Coils / Bridged Tap N/A N/A $568.62 $ 34.88
MR MA
130 a 14 "as 01M
Advanced - Basic(2-wire and 4-wire) - Initial $ 95.49 $ 63.01 $428.58 N/A
Advanced - Basic (2-wire and 4-wire)- Subsequent $ 45.12 $ 28.77 $ 58.20 N/A
Advanced - Complex (DS1 and above) - Initial $105.04 $ 72.56 $584.49 N/A
Advanced - Complex (DS1 and above) - Subsequent $ 45.12 $ 28.77 $ 86.80 N/A
E W21,
ba
Z~11
Exchange Products $ 3.36 $ 3.36 N/A N/A
Advanced Products $ 25.80 $ 25.80 N/A N/A
Customer Record Search (per account) $ 4.21 $ - N/A N/A
CLEC Account Establishment (per CLEC) $166.32 $166.32 N/A N/A
Design Change Charge - EELs and Transport $40.96 $40.96 N/A N/A
These charges are interim and subject to retroactive true back to the Effective Date of this
Agreement.
8 A Line and Station Transfer (LST) Charge applies when Frontier arranges or rearranges an individual
circuit at a terminal or cross-connect box to free up a pair or suitable facility at the required service location; examples
include an arrangement of copper to DLC, the rearrangement of IDLC to copper and the rearrangement of IDLC to UDLC.
EDNETICS ID Comp v3.3a 071 42010 189
Engineering Query 1° N/A N/A $ 183.99 N/A
Engineering Work Order" N/A N/A $ 94.40 N/A
Expedite Engineering Query" 12 N/A N/A $ 41.67 N/A
Expedite Engineering Work Order" 12 N/A N/A $ 27.94 N/A
Clear Defective Pair N/A N/A $ 272.35 N/A
Reassignment of Non-Working Cable Pair N/A N/A $ 272.35 N/A
Binder Group Rearrangement N/A N/A $ 529.77 N/A
Repeater— Installation N/A N/A $1,597.10 N/A
Apparatus Case - Installation N/A N/A $2,992.81 N/A
Range Extenders - DSO Installation N/A N/A $ 809.72 N/A
Range Extenders - DS1 Installation N/A N/A $ 809.72 N/A
Channel Unit to Universal/Cotted DLC System (existing) N/A N/A $170.30 N/A
Serving Terminal - Installation/Upgrade N/A N/A Time and N/A
Material
Activate Dead Copper Pair N/A N/A $ 199.90 N/A
Multiplexer— 1/0 - Installation N/A N/A $12,211.41 N/A
Multiplexer — i/O — Reconfiguration N/A N/A $170.30 N/A
Multiplexer —3/i -Installation N/A N/A $26,981.19 N/A
Multiplexer - 3/1 - Reconfiguration N/A N/A $382.34 N/A
Multiplexer - Other - Installation N/A N/A Time and N/A
Material
Move Drop N/A N/A $109.28 N/A
Cross-Connection - Existing Fiber Facility N/A N/A $346.93 N/A
Line Card - Installation N/A N/A $314.63 N/A
Copper Rearrangement N/A N/A $482.90 N/A
Central Office Terminal - Installation N/A N/A $35,307.87 N/A
IDLC Only Condition N/A N/A $36,847.28 N/A
Other Required Modifications N/A N/A Time and N/A
Material
OTHER
Commingled Arrangements - per circuit NRC N/A N/A $ 50.00 N/A
Conversion - Service Order N/A N/A $ 19.33 N/A
Conversion - Installation per circuit N/A N/A $ 7.27 N/A
Circuit Retag - per circuit N/A N/A $ 59.43 N/A
This Appendix may contain rates and charges for (and/or reference) services, facilities, arrangements and the
like that Frontier does not have an obligation to provide under the Agreement (e.g., services, facilities, arrangements and
the like for which an unbundling requirement does not exist under 47 U.S.C. Section 251 (c)(3)). Notwithstanding any
such rates and/or charges (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be
deemed to require Frontier to provide a service, facility, arrangement or the like that the Agreement does not require
Frontier to provide, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than
those that may be required by the Agreement.
10 Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work
Order charges where applicable.
11 Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering
Query charges where applicable.
12 Expedite Charges apply in addition to other listed rates.
EDNETICS ID Comp v3.3a _07142010 190
Dark Fiber - Dark Fiber Routine Network Modifications N/A N/A Time and N/A
Material
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that EDNETICS
orders any service from this Agreement.
Customer Record Search applies when EDNETICS requests a summary of the services
currently subscribed to by the end-user.
Ordering and Provisioning:
Initial Service Order (ISO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.g. for a faxed order) or
Semi-Mechanized (e.g. for an electronically transmitted order) based upon the method of
submission used by the CLEC.
Subsequent Service Order applies to each LSR/ASR 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 LSR/ASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSR/ASR when no engineering work activity is required to
complete the order.
Provisioning - Initial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same ISO.
Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer's needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop Distribution, Drop
and NID.
Exchange-Complex: Non-loaded Sub-Loop Distribution and Loop Conditioning.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber and EELs.
Conditioning applies in addition to the ISO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DS1 Clear Channel Capability applies in addition to the ISO, per DS1 for the installation
and grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
EDNETICS ID Comp v3.3a_07142010 191
Service Inquiry - Dark Fiber applies per service inquiry when a CLEC requests Frontier
to determine the availability of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, IDT, Multiplexing and Clear Channel Capability
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if EDNETICS requests service prior to the standard due
date intervals and the expedite request can be met by Frontier.
Coordinated Conversion applies if EDNETICS requests notification and coordination of
service cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if EDNETICS 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.
EDNETCS ID Compv3.3a_07142010 192
IV. Rates and Charges for 911
See State Access Tariff.
EDNETICS ID Comp v3.3a 07142010 193
V. Collocation Rates
Elements Increment Increment NRC / MRC Rate
Non-Recurrina 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 Pull/Termination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Overhead Superstructure per project NRC 2,440.00
Facility Cable or Fiber Optic Patchcord Pull/Termination
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 (Preconnectorized) per termination NRC 2.00
DS3 Coaxial Cable Termination (Unconnectorized) per termination NRC 11.00
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place lnnerduct per lin ft NRC 2.00
Pull Cable per un 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
Facility 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 - Metallic per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
EDNETICS ID Compv3.3a_07142010 194
Elements Increment NRC I MRC Rate
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
Subduct Space - Fiber per un 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
EDNETICS ID Comp v3.3a 07142010 195
lements Increment NRC I MRC Rate
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC $1,129.00
Minor Augment Fee per occurrence NRC 200.00
Access Card Administration (New/Replacement) per card NRC 22.00
DC Power
Engineering per project NRC 75.43
Cable Pull/Termination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Overhead Superstructure per project NRC 2,440.00
Facility Cable or Fiber Optic Patchcord Pull/Termination
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 un 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
Facility 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 - Metallic per cable run MRC 2.00
Cable Rack Space - Fiber per innerduct ft MRC 0.02
Fiber Optic Patchcord Duct Space per cable run MRC 0.56
Manhole Space - Fiber per project MRC 6.00
EDNETICS ID Compv3.3a_07142010 196
GAG ELESS COLLOGATIN
Elements Increment NRC / MRC Rate
Subduct Space - Fiber per un 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 MAC 11.00
EDNETICS ID Comp v3.3a _07142010 197
A
Elements Increment NRC / MRC Rate
Non-Recurring Prices
Engineering Fee per occurrence NRC $958.00
Facility Pull 1 Un ft NRC 2.00
Facility Termination
DSO Cable
Connectorized per 100 pr NRC 5.00
Unconnectorized per 100 pr NRC 42.00
DS1 Cable
Connectorized per 28 pr NRC 2.00
Unconnectorized per 28 pr NRC 32.00
DS3 (Coaxial) Cable
Connectorized per DS3 NRC 2.00
Unconnectorized per 0S3 NRC 11.00
Fiber per fiber term NRC 70.00
Monthly Recurring Prices
Facility Termination
DSO per 100 pr MRC 4.00
DS1 per 28 pr MRC 16.00
DS3 per coaxial MRC 11.00
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilization per subduct MRC 1.00
Fiber Cable - 96 fiber
Space Utilization per subduct MRC 1.00
Cable Rack Space
Metallic DSO 1 lin ft MRC 0.01
Metallic DS1 1 un ft MRC 0.01
Fiber per innerduct ft MRC 0.02
Coaxial 1 Un ft MRC 0.01
EDNETICS ID Comp v3.3a07142010 198
V' OCATION ____
Elements Increment NRC I MRC Rate
Non-Recurrina Prices
Engineering Costs
Engineering/Major Augment Fee per occurrence NRC 557.81
Equipment Installation per quarter rack NRC 3,474.25
Software Upgrades per base unit NRC 96.08
Card Installation per card NRC 222.52
DC Power
Engineering per project NRC 75.43
Cable Pull/Termination per cable NRC 1341.62
Ground Wire per wire NRC 18.12
Facility Cable or Fiber Optic Patchcord Pull/Termination
Engineering per project NRC 76.00
Facility Cable Pull per cable run NRC 211.00
Fiber Optic Patchcord Pull per cable run NRC 207.20
DSO Cable Termination per 100 pair NRC 5.00
DS1 Cable Termination per 28 pair NRC 2.00
DS3 Coaxial Cable Termination per termination NRC 2.00
(Preconnectorized)
DS3 Coaxial Cable Termination per termination NRC 11.00
(Unconnectorized)
Fiber Optic Patchcord Termination per termination NRC 1.12
Fiber Cable Pull
Engineering per project NRC 607.00
Place Innerduct per lin ft NRC 2.00
Pull Cable per lin ft NRC 1.00
Cable Fire Retardant per occurrence NRC 42.00
Fiber Cable Splice
Engineering per project NRC 31.00
Splice Cable per fiber NRC 70.00
BITS Timing per project NRC 307.00
Monthly Recurring Prices
Equipment Maintenance per quarter rack MRC 82.15
DC Power per load amp MRC 14.79
Environmental Conditioning per load amp MRC 2.28
Facility 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 - Metallic 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
EDNETICS ID Comp v3.3a _0714201 0 199
V1RWAWOCATtON
Elements Increment NRC/MRC Rate
Manhole Soace - Fiber nr oroiect MRC 6.00
Subduct Space - Fiber per un 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
EDNETICS ID Comp v3.3a_07142010 200
c7 T. MW
IElements Increment NRC1IIti Rate
Non-Recurring Prices
Augment Fee per occurrence NRC 998.92
Facility Pull
Engineering per project NRC 76.00
Labor per linear ft NRC 1.12
Building Penetration for Microwave Cable per occurrence NRC ICB
Special Work for Microwave per occurrence NRC 1GB
Monthly Recurring Prices
Rooftop Space per sq ft MRC 4.65
EDNETICS ID Comp v3.3a _0714201 0 201
Elements Increment NRC I MRC Rate
Non-Recurring Prices
DSO
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
DS11DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
Lit Fiber
per order NRC 21.89
per order NRC 38.02
per jumper NRC 7.20
per order NRC 64.95
per order NRC 21.89
per order NRC 38.02
per jumper NRC 17.59
per order NRC 78.57
ICB
EDNETICS ID Comp v3.3a _071 42010 202
EDNETICS ID Comp v3.3a _07142010 203
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
Each Additional Half Hour or Fraction Thereof
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Prem.Time,Outside Business Day, Per Tech
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Cable Material
Facility Cable-DSO Cable (Connectorized) 100 per cable run
pair
Facility Cable-DS1 Cable (Connectorized) per cable run
Facility Cable-DS3 Coaxial Cable per cable run
Fiber Optic Patchcord - 24 Fiber (Connectorized) per cable run
Power Cable-Wire Power 1/0 per cable run
Power Cable-Wire Power 2/0 per cable run
Power Cable-Wire Power 3/0 per cable run
Power Cable-Wire Power 4/0 per cable run
Power Cable-Wire Power 350 MCM per cable run
Power Cable-Wire Power 500 MCM per cable run
Power Cable-Wire Power 750 MCM per cable run
Facility Cable - Category 5 Connectorized per linear ft
Collocation Space Report per premise
NRC $42.83
NRC 21.41
NRC 100.00
NRC 75.00
NRC 150.00
NRC 125.00
NRC 324.00
NRC 301.00
NRC 82.00
NRC 810.30
NRC 91.00
NRC 132.00
NRC 146.00
NRC 180.00
NRC 307.00
NRC 428.00
NRC 658.00
NRC 1.07
1,218.00
Elements Increment NRC / MRC Rate
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/Maior Augment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is sufficient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
sufficient DC power facilities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Office Engineers to attend status meetings.
Engineerinci/Maior Augment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is sufficient space, the best
location for the microwave antennae and other exterior facilities, what building modifications are
necessary, if any, and if sufficient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Augment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or software
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Cage Grounding Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator's cage.
BITS Timing. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. If requested, it is applied on a per
project basis.
Overhead Superstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstructure charge is designed to
recover Frontier's engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facility Cable or Fiber Optic Patchcord Pullfrermination-Engineering. The Facility Cable or Fiber
Optic Patchcord Pull/Termination-Engineering charge is applied per project to recover the
engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution panel. The charge would also apply per project to recover the engineering costs of
pulling transmission cable from microwave antennae facilities on the rooftop to the collocation
cage or relay rack.
EDNETICS ID Comp v3.3a _07142010 204
Facility Pull. The Facility 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 distribution panel.
Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord
terminated and is designed to recover the labor cost of terminating or disconnecting transmission
cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution panel.
Fiber Cable Pull-Engineering. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Frontier's
central office.
Fiber Cable Pull-Place lnnerduct 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 pulling
the CLECs fiber cable into Frontier's central office.
Fiber Cable Pull-Fire Retardant. This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.
Fiber Splice-Engineering. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.
Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Frontier's engineering and installation costs for pulling and terminating DC power
cables to the collocation area. For initial applications, each DC Power feed will require two (2)
cables.
Cable Material Charges. The CLEC has the option of providing its own cable or Frontier may, at
the CLEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. If Frontier provides these cables, the applicable Cable
Material Charge will be charged.
Adiacent Engineering Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer
associated with determining the capabilities of providing Adjacent On-Site collocation. The labor
charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire
center and property, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adjacent Facility Pull-Labor. This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX panel.
Adiacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX panel.
EDNETICS ID Compv3.3a07142010 205
Collocation SDace Report. When requested by a CLEC, Frontier will submit a report that
indicates Frontier's available collocation space in a particular premise. The report will be issued
within ten calendar days of the request. The report will specify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report will also include measures that Frontier is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required, by Frontier to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or perform
inventory services for CLECs.
Facility Pull (Microwave Only. The Facility Pull charge is applied per linear foot and recovers the
labor cost of pulling transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Building Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilities and other exterior facilities to the
transmission equipment in the collocation cage or relay rack will be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Special Work for Microwave. The costs incurred by Frontier 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 Equi pment Installation. The Virtual Equipment Installation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Frontier for engineering and
installation of the virtual collocation equipment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, 0C3, 0C12, 0C24,
0C48, and NGDLC. This charge does not apply for the installation of splitters.
Virtual Software Urxirade. The Virtual Software Upgrade charge is applied per base unit when
Frontier, upon CLEC request, installs software to upgrade equipment for an existing Virtual
Collocation arrangement.
Virtual Card Installation. The Virtual Card Installation charge is applied per card when Frontier, upon
CLEC request, installs additional cards for an existing Virtual Collocation arrangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1, DS3,
and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DSO,
DS1, DS3, and dark fiber circuits for DTS.
EDNETICS ID Comp v3.3a _071 42010 206
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caged Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relay Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that will be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Frontier's cable
vault.
Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DSO, DS1 and
DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC's
metallic and coaxial cable occupies within Frontier.
Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization
cost that the CLEC's fiber cable occupies within Frontier'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 office duct space occupied by the fiber optic patchcord
cable.
DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.
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 facility termination panel, or fiber distribution panel.
BITS Timing. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.
Building Modification. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Frontier's
premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
Environmental Conditioning. The Environmental Conditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
EDNETICS ID Comp v3.3a_07142010 207
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 Frontier's premises.
Adiacent 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.
Adiacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber,
metallic or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.
Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.
Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and 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, 0C3, 0C12, 0C24,
0C48, and NGDLC. This charge does not apply for the maintenance of splitters.
EDNETICS ID Comp v3.3a _071 42010 208
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements
for
EDNETICS - FRONTIER COMMUNICATIONS NORTHWEST INC.
Fiber Meet Arrangement No. [XX]
The following technical specifications and requirements will apply to EDNETICS - Frontier
Communications Northwest Inc. Fiber Meet Arrangement [NUMBER] ("FM No. [XX]"):
FM No. [XX] will provide interconnection facilities for the exchange of applicable traffic (as
set forth in the Amendment) between Frontier's [NAME OF TANDEM/END OFFICE] and
EDNETICS's [NAME OF TANDEM/END OFFICE] in the State of Idaho. A diagram of FM
No. [XX] is included as Exhibit A-i.
2.Fiber Meet Points ("FMPs").
2.1 FM No. [XX] will be configured as shown on Exhibit A-i. FM No. [XX] will have
two FMPs. Neither FMP is more than three (3) miles from the nearest Frontier
Tandem or End Office.
2.2 Frontier will provision a Fiber Network Interface Device ("FNID") at [POLE XX,
STREET YY, TOWN ZZ, STATE] and terminate [] strands of its fiber optic
cable in the FNID. The FNID provisioned by Frontier will be a
[MANUFACTURER, MODEL]. Frontier will bear the cost of installing and
maintaining its FNID. The fiber patch panel within Frontier's FNID will serve as
FMP No. i. Frontier will provide a fiber stub at the fiber patch panel in Frontier's
FNID for EDNETICS to connect [] strands of its fiber cable []
connectors. Frontier's FNID will be locked, but Frontier and EDNETICS will have
24 hour access to their respective side of the fiber patch panel located in
Frontier's FNID.
2.3 EDNETICS will provision a FNID at [POLE XX, STREET YY, TOWN ZZ, STATE]
and terminate [] strands of its fiber optic cable in the FNID. The FNID
provisioned by EDNETICS will be a [MANUFACTURER, MODEL]. EDNETICS
will bear the cost of installing and maintaining its FNID. The fiber patch panel
within EDNETICS's FNID will serve as FMP No. 2. EDNETICS will provide a
fiber stub at the fiber patch panel in EDNETICS's FNID for Frontier to connect
[]strands of its fiber cable. EDNETICS's FNID will be locked, but
EDNETICS and Frontier will have 24 hour access to their respective side of the
fiber patch panel located in EDNETICS'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] will be [Synchronous Optical Network
("SONET")].
EDNETICS ID Comp v3.3a _071 42010 209
3.3 Terminating equipment shall comply with [SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11)].
3.4 The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
3.5 The optical transmission rate will be [Unidirectional] OC-[XX].
3.6 The path switch protection shall be set as [Non-Revertive].
3.7 Frontier and EDNETICS shall provide [Primary Reference Source traceable
timing].
4.Add Drop Multiplexer.
4.1 Frontier will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Frontier will use a [MANUFACTURER, MODEL] Add Drop
Multiplexer with firmware release of [X.X] at the network level. Before making
any upgrade or change to the firmware of its Add Drop Multiplexer, Frontier must
provide EDNETICS with fourteen (14) days advance written notice that describes
the upgrade or change to its firmware and states the date on which such
firmware will be activated in Frontier's Add Drop Multiplexer.
4.2 EDNETICS will, at its own cost, obtain and install (at its own premise) its own
Add Drop Multiplexer. EDNETICS will use a [MANUFACTURER, MODEL] Add
Drop Multiplexer with firmware release of [X.X] at the network level. Before
making any upgrade or change to the firmware of its Add Drop Multiplexer,
EDNETICS must provide Frontier with fourteen (14) days advance written notice
that describes the upgrade or change to its firmware and states the date on
which such firmware or software will be activated in EDNETICS's Add Drop
Multiplexer.
4.3 EDNETICS and Frontier will monitor all firmware upgrades and changes to
observe for any failures or anomalies adversely affecting service or
administration. If any upgrade or change to firmware adversely affects service or
administration of FM No. [XX], the firmware will be removed from the Add Drop
Multiplexer and will revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Frontier and
EDNETICS Add Drop Multiplexers of FM No. [XX].
5.Testing.
5.1 Prior to turn-up of FM No. [XX], Frontier and EDNETICS will mutually develop
and implement testing procedures for FM No. [XX]
6.Connecting Facility Assignment ("CFA") and Slot Assignment Allocation ("SAX).
6.1 For one-way and two-way trunk arrangements, the SAA information will be
turned over to EDNETICS as a final step of turn up of the FM No. [XX].
6.2 For one-way trunk arrangements, Frontier will control the CFA for the subtending
facilities and trunks connected to Frontier's slots and EDNETICS will control the
CFA for the subtending facilities and trunks connected to EDNETICS's slots.
EDNETICS ID Compv3.3a_07142010 210
EDNETICS will place facility orders against the first half of the fully configured
slots (for example, slots 1-6 of a fully configured OC1 2) and Frontier will place
orders against the second half of the slots (for example, slots 7-12). If either
Party needs the other Party's additional slot capacity to place orders, this will be
negotiated and assigned on a case-by-case basis. For SAA, Frontier and
EDNETICS shall jointly designate the slot assignments for Frontier's Add Drbp
Multiplexers and EDNETICS's Add Drop Multiplexer in FM No. [XX].
6.3 For two-way trunk arrangements, EDNETICS shall control the CFA for the
subtending facilities and trunks connected to FM No. [XX]. EDNETICS shall
place facility and trunk orders against the total available SAA capacity of FM No.
[XX].
7.Inventory, Provisioning and Maintenance, Surveillance, and Restoration.
7.1 Frontier and EDNETICS will inventory FM No. [XX] in their operational support
systems before the order flow begins.
7.2 Frontier and EDNETICS will notify each other's respective Maintenance Control
Office of all troubleshooting and scheduled maintenance activity to be performed
on FM No. [XX] facilities prior to undertaking such work, and will advise each
other of the trouble reporting and maintenance control point contact numbers and
the days and hours of operation. Each Party shall provide a timely response to
the other Party's action requests or status inquiries.
7.3 Frontier will be responsible for the provisioning and maintenance of the FM No.
[XX] transport facilities on Frontier's side of the FMPs, as well as delivering its
applicable traffic to the FMPs. EDNETICS will be responsible for the provisioning
and maintenance of the FM No. [XX] transport facilities on the EDNETICS's side
of the FMPs, as well as delivering its applicable traffic to the FMPs. As such,
other than payment of any applicable intercarrier compensation charges pursuant
to the terms of the Agreement, neither Party shall have any obligation to pay the
other Party any charges in connection with FM No. [XX].
7.4 Frontier and EDNETICS will provide alarm surveillance for their respective FM
No. [XX] transport facilities. Frontier and EDNETICS will notify each other's
respective maintenance control office of all troubleshooting and scheduled
maintenance activity to be performed on the facility prior to undertaking such
work, and will advise each other of the trouble reporting and maintenance control
point contact numbers and the days and hours of operation.
8.Cancellation or Modification of FM No. [XX1.
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 Party's respective side of the FMPs will be borne by such Party.
8.2 If either Party terminates the construction of the FM No. [XX] before it is used to
exchange traffic, the Party terminating the construction of FM No. [XX] will
compensate the other Party for that Party's reasonable actual incurred
construction and/or implementation expenses.
8.3 If either Party proposes to move or change FM No. [XX] as set forth in this
document, at anytime before or after it is used to exchange traffic, the Party
requesting the move or change will compensate the other Party for that Party's
EDNETICS ID Camp v3.3a 07142010 211
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 Parties in writing.
**EDNETICS, INC. FRONTIER COMMUNICATIONS NORTHWEST
INC.
By:
TO BE EXECUTED AT A LATER DATE
Date:
EDNETICS ID Comp v3.3a_07142010 212
Exhibit A-i
EDNETICS - FRONTIER COMMUNICATIONS NORTHWEST INC.
Fiber Meet Arrangement No. [XX]
City, State
EDNETICS ID Comp v3.3a 213