20131112Application.pdf

November 1,2013
Ms. Jean Jewell, Secretary
ldaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Dear Ms. Jewell:
'- I
805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone [phone] I 5
Fax [phone]
Email: kimberl.v.a.douglass @ ftr.com
v zN -T- t 3-04
Attached for filing and approval are one original plus three copies of an interconnection
agreement between Frontier Communications Northwest Inc. and Noel Communications, Inc.
Please call me at. [phone] if you have any questions.
Sincerely,"4*fu*y**
Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
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AGREETEilT FOR
LOCAL INTERCONilECTION
by and between
NOEL 8oMiiUiltCATaON8, tNC.
and
FRONTIER COTI]TUNICATIONS NORTHWEST INC.
FOR THE STATE OF
NCIR lD Comp v4 OZn.12
TABLE OF CONTENTS
21. lnsurance
22. lntellectualProperty
NCI lD Comp v4 0222 12i
29. Notices.......,...............1 7
30. Ordering and Maintenance........... ..............18
31. Performance Standards ..........18
32. Point of Contact for NCI Customers. .........18
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.... ..........20
38. Subcontractors............. ...........21
39. Successors and Assigns ........21
40. Survival...-.. ...........21
41. Taxes......... ............21
42. Technology Upgrades... ..........23
43. Territory ................24
44. Third Party Beneficiaries................. ...........24
45. [This Section lntentionally Left BIank] ......24
46. 252(i) Obligations......... ............24
47. Use of Service....... ,..................24
48. Waiver....... ............24
49. Warranties ............24
50. Withdrawal of Services ...........25
SIGNATURE PAGE ...................26
GLOSSARY ............27
1. GeneralRule............ .................27
NCI lD Comp v4 0222 12ii
2. Definitions ............27
ADDTTTONAL SERVTCES ATTACHMENT..........-.... .........43
1.
2.
3.
4.
Alternate Billed Calls. ..............43
Dialing Parity - Section 251(bX3) ...............43
[This Section lntentionally Left Blank] ......43
Directory Listing and Directory Distribution................ .....................43
5. Voice lnformation Service Traffic ..............45
6. lntercept 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 Gharges .........................53
13. Good Faith Performance.................. ...........53
INTERCONNECTION ATTACHMENT................ ...............5,4
1. General....... ...........54
2. Points of lnterconnection and Trunk Types .................54
3. Alternative lnterconnection Arrangements.......... .........58
4. lnitiating lnterconnection............... .............60
5. Transmission and Routing of Telephone Exchange Service Traffic..................61
6. Traffic Measurement and Billing over lnterconnection Trunks ......62
7. Reciprocal Compensation Arrangements Pursuant to Section 251(bX5) of theAct.............. ...........63
8. Other Types of Traffic .............64
L Transmission and Routing of Exchange Access Traffic......... ........65
10. Meet-Point Billing (MPB) Arrangements................ .......65
11. Toll Free Service Access Code (e.9., 800/888/877) Traffic ..............68
NCI lD Comp v4 02 22 12iii
12. Tandem Transit Traffic......... .......................70
13. Number Resources, Rate Center Areas and Routing Points ..........71
14. Joint Network lmplementation and Grooming Process; Forecastin9................72
15. Number Portability - Section 251(BX2).... ......................73
16. Good Faith Performance.................. ...........75
TRAFF|G EXCHANGE ATTACHMENT............... ..............76
1.
2.
3.
4.
5.
General....... ...........76
Arrangements With Third Party Tandem Provider..... ......................76
!nitiating Traffic Exchange Under This Attachment........... ..............77
Traffic Measurement and Billing ................77
Reciprocal Compensation Arrangements Pursuant to Section 251(bX5) of theAct.............. ...........78
Other Types of Traffic .............79
Toll Free Service Access Gode (e.9., 800/888/877) Traffic ..............80
Number Resources, Rate Center Areas and Routing Points ...-......81
Number Portability - Section 251(BX2).... ......................82
General....... ...........85
Use of Frontier Telecommunications Services ............85
Availability of Frontier Telecommunications Services..... ...............86
Responsibility for Charges..... ............,.......86
Operations Matters....... ...........87
Rates and Gharges ..................87
Good Faith Performance.................. ...........88
6.
7.
8.
9.
1.
2.
3.
4.
5.
6.
NETWORK ELEMENTS ATTAGHMENT............... ...........89
General....... ...........89
Frontier's Provision of Network Elements ....................93
7.
1.
2.
NCI lD Comp v4 02 22 12iv
3,
4.
5.
6.
7.
8.
9.
Loop Transmission TYPes ......93
Line Sptitting (atso referred to as "Loop Sharing") ...................'..'104
flhis Sectlon lntentionally Left Blank] ....105
Sub-Loop ........."'105
Sub-Loop for Multiunit Tenant Premises Access.'...... .............."'..108
Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber
Loops ...'......'....................'.......108
Network lntedace Device........ ."."'..'.....'..113
10. fthis Section lntentionally Left Blank] ....115
11. Dedicated Transpott... ...........115
12. flhis Section lntentionally Left Blank] ....115
13. Operations Support Systems ...................115
14. Availability of Other Network Elements on an Unbundled Basis .....................115
15. Maintenance of Network Elements ..........117
16. Combinations, Commingling, and Gonversions................. ...........117
17. Routine Network Modifications.................. ..................120
18. Rates and Charges ................121
19. Good Faith Performance....................
4. 911/E-911 Genera!...........
NCI lD Comp v4 02 22 12v
2. Frontier Telecommunications Services Provided to NCI for Resale Pursuant to
the Resale Attachment ..........171
3. NCI Prlces.. .........173
4. flhis Section lntentionally Left Blank] ....173
5. Regulatory Review of Prices .......
AppENDtX A TO THE PRIGING ATTACHMENT............... ................175
EXHIBTT A TO SECTTON 3.1 (FIBER MEET ARRANGEMENT) OF THE !NTERCONNECTIONATTACHMENT............... ..........204
NCI lD Comp v4 0222 12vi
AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective upon approval by the commission (the
"Effective Date"), between Noel Communications, lnc. ("NCl"), a Washington corporation, with
offices at 901 E Pitcher Street, Yakima, WA 98901 and Frontier Communications Northwest lnc.
("Frontie/'), a corporation organized under the laws of the Washington with offices at 180 S.
Clinton Avenue, Rochester, NY 14646 (Frontier and NCI may be referred to hereinafter, each,
individually as a "Party", and, collectively, as the "Parties").
GENERAL TERMS AND CONDITIONS
ln consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, pursuant to Section 252 of the Act, Frontier and NCI hereby agree as follows:
1. The Agreement
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.
Except as othenuise 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.
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). ln connection with
the foregoing, Frontier expressly reseryes 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 NCl.
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
1.1
1.2
1.3
1.4
NCI lD Comp v4 02 22 12
2.
the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modifi7, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Party.
Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
until October 1,2015 (the "lnitial Term"). Thereafier, this Agreement shall
continue in force and effect unless and until cancelled or terminated as provided
in this Agreement.
2.2 Either NCI or Frontier may terminate this Agreement effective upon the expiration
of the lnitial Term or effective upon any date after expiration of the lnitial Term by
providing written notice of termination at least ninety (90) days in advance of the
date of termination.
2.3 lf either NCI or Frontier provides notice of termination pursuant to Section 2.2
and on or before the proposed date of termination either NCI 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 NCI and Frontier; or, (b) the date one (1) year after the
proposed date of termination.
2.4 lf either NCI or Frontier provides notice of termination pursuant to Section 2.2
and by 1 1:59 PM Eastern Time on the proposed date of termination neither NCI
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).
Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
I nterconnection Attach ment
Resale Attachment
Network Elements Attachment
Collocation Attachment
911 Attachment
Pricing Attachment
4. Applicable Law
4.1 The construction, interpretation and performance of this Agreement shall be
governed by (a) the laws of the United States of America and (b) the laws of the
State of ldaho, without regard to its conflicts of laws rules. All disputes relating to
this Agreement shall be resolved through the application of such laws.
3.
NCI lD Comp v4 0222 12
4.2
4.3
4.4
4.5
Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
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.
Each Party shall promptly notif, 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.
lf 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.
lf 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. lf 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 othenruise,
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 NCI a Service that is not
offered under this Agreement to NCl, 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. ln no event shall Frontier be required to
provide any such Service in the absence of such a Frontier Tariff or
amendment.
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
4.6
4.7
NCI lD Comp v4 02 22 12
5.
6.
to be provided to NCI hereunder, then Frontier may discontinue the provision of
any such Service, payment or benefit, and NCI shall reimburse Frontier for any
payment previously made by Frontier to NCI that was not required by Applicable
Law. Frontier will provide thirty (30) days prior written notice to NCI 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 Aftachment 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.
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.
Assurance of Payment
6.1 Upon request by Frontier, NCI 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 NCI (a) prior to
the Effective Date, has failed to timely pay a bill rendered to NCI by Frontier or its
Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered to
NCI 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 lefter 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 NCI in connection with this
Agreement. lf NCI 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 NCI 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.
6.4 flntentionally Left Blankl.
6.5 flntentionally Left Blankl.
NCI lD Comp v4 02 22 12
7.
6.6 Frontier may (but is not obligated to) draw on the letter of credit upon notice to
NCI in respect of any amounts to be paid by NCI hereunder that are not paid
within thirty (30) days of the date that payment of such amounts is required by
this Agreement.
6.7 lf Frontier draws on the letter of credit, upon request by Frontier, NCI 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 NCI 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 NCI 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.
Audits
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 may be conducted more frequently (but no
more frequently than once in each Calendar Quarter) if the immediately
preceding audit found previously uncorrected net inaccuracies in billing in favor
of the Audited Party having an aggregate value of at least $1,000,000.
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.
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.
Authorization
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.
7.1
7.2
7.3
8.
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9.
8.2 NCI 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.
8.3 NCI Certification.
Notwithstanding any other provision of this Agreement, Frontier shall have no
obligation to perform under this Agreement until such time as NCI has obtained
such FCC and Commission authorization as may be required by Applicable Law
for conducting business in the State of ldaho. NCI shall not place any Orders
under this Agreement until it has obtained such authorization. NCI shall provide
proof of such authorization to Frontier upon request.
Billing and Payment; Disputed Amounts
9.1 Except as othenrise 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) twen$ (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electronic funds transfer.
9.3 lf 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
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.
Confidentiality't0.
NCI lD Comp v4 0222'12
10.1 As used in this Section l0, "Confidentiallnformation" 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 lnformation (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 lD or
similar service, or LIDB service, or (c) the Customer to whom the
Customer lnformation is related has authorized the Receiving Party to
use and/or disclose the Customer lnformation);
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 "Confldential" 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 lnformation 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 lnformation 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 lnformation received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential lnformation solely to those of the Receiving Party's
Affiliates and the directors, ofiicers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confidential lnformation in order to
perform the Receiving Party's obligations under this Agreement. The
Receiving Party's Affiliates and the directors, officers, employees,
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates, shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
Receiving Party. The Receiving Party shall be liable for any failure of
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.
NCI lD Comp v4 02 22 12
10.3 The Receiving Party shall return or destroy all Confidential lnformation received
from the Disclosing Party, including any copies made by the ReceivinS Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential lnformation that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only.
10.4 Unless othenrvise 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 lnformation received from the Disclosing
Party to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law. ln making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential lnformation 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 lnformation 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 lnformation disclosed by the Disclosing Party to the
Receiving Party. Except as othena/se expressly provided in this Agreement, no
license is granted by this Agreement with respect to any Confidential lnformation
(including, but not limited to, under any patent, trademark or copyright), nor is
any such license to be implied solely by virtue of the disclosure of Confidential
lnformation.
10.7 The provisions of this Section 10 shall be in addition to and not in derogation of
any provisions of Applicable Law, inciuding, but not limited to, 47 U.S.C . S 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.
NCI lD Comp v4 0222 12
11.
12.
10.8 Each Party's obligations under this Section 10 shall suryive expiration,
cancellation or termination of this Agreement.
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.
Default
lf 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.
Discontinuance of Service by NGI
13.1 lf NCI 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, NCI shall send written notice of such
discontinuance to Frontier, the Commission, and each of NCI's Customers. NCI
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, NCI shall send such notice at least
thirty (30) days prior to its discontinuance of service.
13.2 Such notice must advise each NCI Customer that unless action is taken by the
NCI Customer to switch to a different carrier prior to NCI's proposed
discontinuance of service, the NCI Customer will be without the service provided
by NCI to the NCI Customer.
13.3 Should a NCI Customer subsequently become a Frontier Customer, NCI shall
provide Frontier with all information necessary for Frontier to establish service for
the NCI Customer, including, but not limited to, the NCI Customer's billed name,
listed name, service address, and billing address, and the services being
provided to the NCI 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.
Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Party must provide to the other Party written notice of the
dispute that includes both a detailed description of the dispute or alleged
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 aftempt to reach a good faith resolution
13.
14.
NCI lD Comp v4 0222 12
15.
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 lf 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.
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, sofhruare or repairs thereof, acts or omissions of the other
Party, and acts of God.
15.2 lf 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.
Forecasts
ln addition to any other forecasts required by this Agreement, upon request by Frontier,
NCI shall provide to Frontier forecasts regarding the Services that NCI expects to
purchase from Frontier, including, but not limited to, forecasts regarding the types and
volumes of Services that NCI expects to purchase and the locations where such Services
will be purchased.
Fraud
NCI 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 NCI's account in cases of, fraud by NCI's Customers or other third
parties.
Good Faith Performance
16.
17.
18.
NCI lD Comp v4 02 22 '12
19.
20.
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreemenl(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. lf and, to the extent that, Frontier, prior to the Effective Date of
this Agreement, has not provided in the State of ldaho a Service offered under this
Agreement, Frontier reseryes the right to negotiate in good faith with NCI 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.
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.
lndemnification
20.1 Each Party ("lndemnifying Party") shallindemnify, defend and hold harmless the
other Party ("lndemnified Party"), the lndemnified Party's Affiliates, and the
directors, officers and employees of the lndemnified Party and the lndemnified
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 lndemnifoing Party, the
lndemnifying Party's Affiliates, or the directors, officers, employees, Agents or
contractors (excluding the lndemnified Party) of the lndemnifying Party or the
lndemnifying Party's Affiliates, in connection with this Agreement.
20.2 lndemnificationProcess.
20.2.1 As used in this Section 20, "lndemnified Person" means a person
whom an lndemnifying Party is obligated to indemnify, defend and/or
hold harmless under Section 20.1,
20.2.2 An lndemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
20.2.3 The lndemnified Person: (a) shallgive the lndemnifying Party notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the lndemnified Person related to the
Claim and an estimate of the amount thereofl; (b) prior to taking any
material action with respect to a Third Party Claim, shall consult with
the lndemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
consent of the lndemnifying Party; (d) shall permit the lndemnifying
Party to assume the defense of a Third Party Claim (including, except
as provided below, the compromise or settlement thereof) at the
lndemnifying Party's own cost and expense, provided, however, that
the lndemnified Person shall have the right to approve the
lndemnifying Party's choice of legal counsel.
NCI lD Comp v4 0222 12
20.2.4 lf the lndemnified 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 lndemnifying Party, the lndemnifying Party
shall be relieved of its obligation to indemniff, defend and hold
harmless the lndemnified Person with respect to such Claim under this
Agreement.
20.2.5 Subject lo 20.2.6 and20.2.7, below, the lndemnifying Party shall have
the authori$ to defend and settle any Third Party Claim.
20.2.6
20.2.7
20.2.8
20.2.9
With respect to any Third Party Claim, the lndemnified Person shall be
entitled to participate with the lndemnifying Party in the defense of the
Claim if the Claim requests equitable relief or other relief that could
affect the rights of the lndemnified Person. ln so participating, the
lndemnified Person shall be entitled to employ separate counsel for
the defense at the lndemnified Person's expense. The lndemnified
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
lndemnifying Party.
ln no event shall the lndemnifying 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 lndemnified Party, which shall not be
unreasonably withheld, conditioned or delayed. ln the event the
settlement or judgment requires a contribution from or affects the
rights of an lndemnified Person, the lndemnified 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 lndemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify or hold
harmless the lndemnified Person against, the Third Party Claim for
any amount in excess of such refused settlement or judgment.
The lndemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
The lndemnifying Party and the lndemnified 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.
20.4 Each Party's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
lnsurance
21.1 NCI 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
21.
12NCI lD Comp v4 02 22 12
Agreement (including, but not limited to, its obligations set forth in Section 20
hereof) and all insurance required by Applicable Law. The insurance shall be
obtained from an insurer having an A.M. Best insurance rating of at least A-,
financial size category Vll or greater. At a minimum and without limiting the
foregoing undertaking, NCI shall maintain the following insurance:
21.1.1 Commercial General Liability lnsurance, on an occurrence basis,
including but not limited to, premises-operations, broad form property
damage, products/completed operations, contractual I iabi lity,
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 lnsurance 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 lnsurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
21.1.4 Worker's Compensation lnsurance as required by Applicable Law and
Employer's Liability lnsurance 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
NCI's realand personal properg located at any Collocation site or
otherwise located on or in any Frontier premises (whether owned,
leased or othenrvise 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 NCl.
21.3 NCI shall name Frontier and Frontier's Affiliates as additional insureds on the
foregoing liability insurance.
21.4 NCI shall, within two (2) weeks of the Effective Date hereof at the time of each
renewal of, or material change in, NCI'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 NCI 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
furnish Frontier certificates or other adequate proof of such insurance acceptable
to Frontier in accordance with Section 21.4.
21.6 Failure of NCI or NCI'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.
NCI lD Comp v4 0222 12
21.7 Certificates furnished by NCI or NCI's contractors shall contain a clause stating:
"Frontier Communications Northwest lnc. shall be notified in writing at least thirty
(30) days prior to cancellation of, or any material change in, the insurance."
22.lntellectual 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, neilher 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 WARRANry, 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 PROPERry
RIGHT.
22.4 NCI 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
NCl, directly or through a third party, of any such terms, conditions or restrictions
that may limit any NCI use of a Service provided by Frontier that is otherwise
permitted by this Agreement. At NCI'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
NCI 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 Frontier has obtained Frontier's
intellectual property rights. NCI shall reimburse Frontier for the cost of obtaining
such rights.
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. ln the event of
any ambiguities, no inferences shall be drawn against either Party.
23.
NCI lD Comp v4 0222 12 14
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.
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 othenryise 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 Gustomers, 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
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, lndemnification, 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.
NCI lD Comp v4 0222 12
26.
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 othenruise 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 ln 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.
Network Management
26.1 Coooeration. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. NCI and Frontier will exchange
appropriate information (e.9., 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. ln 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 Resoonsibilitu for Followinq 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 facllities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
26.3 lnterference or lmoairment. lf a Party ("lmpaired Party") reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
("lnterfering Party") will or are likely to interfere with or impair the lmpaired Party's
provision of services or the operation of the lmpaired Party's network or facilities,
the lmpaired Party may interrupt or suspend any Service provided to the
lnterfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.9., situations involving a risk of
bodily injury to persons or damage to tangible property, or an
NCI lD Comp v4 0222 12
27.
28.
interruption in Customer service) or as otherwise provided in this
Agreement, the lmpaired Party shall have given the lnterfering 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 lmpaired Party
will promptly restore the interrupted or suspended Service. The
lmpaired Party shall not be obligated to provide an out-of-service
credit allowance or other compensation to the lnterfering Party in
connection with the suspended Service.
26.4 Outaqe Reoair Standard. ln 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.
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.
Notice of Network Changes
lf 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.
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
29.1.3 shall be delivered to the following addresses of the Parties:
To NCI:
Noel Communications
Attn: Steve Porter
901 E Pitcher Street
Yakima, WA 98901
Telephone Number: 509-575-4780
sporter@noelcomm com
29.
NCI lD Comp v4 02 22 12
To Frontier:
Frontier Communication
Attn: Director, Business Operations - Carrier Service
180 South Clinton Avenue
Rochester, NY 14646
Telephone: [phone]
Roderick.cameron@ft r.com
with a copy to:
Frontier Communications
Attn: Associate General Counsel
1800 41't Street
Everett, WA 98201
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.
NCI shall notify Frontier, by written notice pursuant to this Section 29, of any
changes in the addresses or other NCI contact information identified under
Section 29.1.3 above.
Ordering and Maintenance
NCI 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. lf
Frontier has not yet deployed an electronic capability for NCI to perform a pre-ordering,
ordering, provisioning, maintenance or repair, transaction offered by Frontier, NCI 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).
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 NCI shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
Point of Contact for NCI Gustomers
30.
31.
32.
NCI lD Comp v4 02 22 12 18
32.1
32.2
33.1
NCI shall establish telephone numbers and mailing addresses at which NCI
Customers may communicate with NCI and shall advise NCI Customers of these
telephone numbers and mailing addresses.
Except as otherwise agreed to by Frontier, Frontier shall have no obligation, and
may decline, to accept a communication from a NCI Customer, including, but not
limited to, a NCI Customer request for repair or maintenance of a Frontier
Service provided to NCl.
33.Predecessor Agreements
33.2
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 ldaho 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 ldaho 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.
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.
lf 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.
33.3
34.Publicity and Use of Trademarks or Service Marks
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.
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.
34.2
NCI lD Comp v4 0222 12 19
34.3
References
35.1
35.2
36.1
Any violation of this Section 34 shall be considered a material breach of this
Agreement.
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.
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
36.2
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.
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.
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.
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 remifting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.3
36.4
37.
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.
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
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)
NCI lD Comp v4 02 22 12
38.
39.
40.
through changes in Applicable Law; (d) to challenge the laMulness 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 NCI acknowledges NCI 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.
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.
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.
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.
Taxes
41.1 ln 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
Providing Party, then (a) the Providing Party shall bill the Purchasing Pafi 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 lmposed on the Providino Partv or Receiots. 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 Pafi to exclude certain receipts received
from sales to a public utility, distributor, telephone company, localexchange
carrier, telecommunications company or other communications company
4',1,
NCI lD Comp v4 0222 12
("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 lmposed 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 ("Subscribe/') 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. lf 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. lf 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, lnterest and Penalty.
41.5.1 lf 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 lf 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,hhen, 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.
41.5.3 lf 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,
NCI lD Comp v4 02 22 12
41.6
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
41.5.4 lf the Purchasing Party fails to pay the Receipts Tax as required by
Section 41 .2,lhen, 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 Pafi with respect to such Tax by the applicable taxing
authority.
41.5.5 lf 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.
Audit Cooperation. ln 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.
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:
41.7
Frontier Communications
Tax Department
180 S. Clinton Avenue
Rochester, New York 14646
To NCI:
Noel Communications
Attn: Cindy Zimmerman
1001 S First Street
Yakima, WA 98901
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.
Technology Upgrades42.
NCI lD Comp v4 02 22 12 23
43.
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 NCI's ability to provide service using
certain technologies. Nothing in this Agreement shall limit Frontie/s ability to modify its
network through the incorporation of new equipment or sofhrare or otherwise. NCI shall
be solely responsible for the cost and activities associated with accommodating such
changes in its own network.
Territory
43J This Agreement applies to the territory in which Frontier operates as an
lncumbent Local Exchange Carrier in the State of ldaho. 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 NCI with at least 90 calendar days prior
written notice of such termination, which shall be effective upon the date
specified in the notice.
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.
[his Section lntentionally Left Blank]
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 NCI of any rights it may have under Section
252(i) results in the rearrangement of Services by Frontier, NCI shall be solely liable for
all costs associated therewith, as well as for any termination charges associated with the
termination of existing Frontier Services.
Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
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.
Warranties
M.
45.
46.
47.
48.
49.
NCI lD Comp v4 0222 12 24
I
50.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARry 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.
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
NCt.
Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may with thirty (30) days prior written notice
to NCI terminate any provision of this Agreement that provides for the payment
by Frontier to NCI 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 NCl. Following such termination, except as
otherwise agreed in writing by the Parties, Frontier shall be obligated to provide
compensation to NCI related to traffic only to the extent required by Applicable
Law. lf 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 NCI related to traffic only to the extent required by Applicable
Law. lf 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 related to traffic, either Party may submit their disagreement to
dispute resolution in accordance with Section 14 of this Agreement.
50.2
NCI lD Comp v4 02 22 '12
SIGNATURE PAGE
lN WTNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
NOEL COMMUNICATIONS, lNC.FRONTIER COMMUNIGATIONS NORTHWEST
,,, lfufuL
Printed: Steve Porter
Title: Director
Printed: Stephen LeVan
Title: SVP, Garrier Sales and Services
NCI lD Comp v4 022212 26
1.
GLOSSARY
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 othenuise, 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 controlwith 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.
Definitions
2.2
Act.
The Communications Act of 't934 (47 U.S.C. $151 et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
Advanced Services.
As a general matter, shall have the meaning set forth by the FCC.
Affiliate.
Shall have the meaning set forth in the Act.
Agent.
An agent or servant.
Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
ALI (Automatic Location ldentification) Database.
The emergency services (E-911) database controlled by Frontier containing
2.
2.1
2.3
2.4
2.5
2.6
NCI lD Comp v4 02 22 12 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ('NENA") lD, 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,
911/E-911, operator services (lntraLATA call completion), lntraLATA third party,
collect and calling card, 800/888 database query and LIDB.
2.8 ANI (Automatic Number ldentification).
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,
210 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 lndustry 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 flntentionally Left Blank].
2.17 Call Back Number.
NCI lD Comp v4 02 22 12 28
A telephone number that can be used by the PSAP to re-contact the location
from which a 911/E-911 Call was placed. The telephone number may or may not
be the telephone number of the station used to originate the 911/E-911 Call.
2.18 CCS(CommonChannelSignaling).
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.
219 CentralOffice.
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
instialled.
2.20 lntentionally Left Blankl.
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 ldaho. NCI is or shortly will become a CLEC.
2.23 CLL|Codes.
Common Language Location ldentifier 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.
ldaho 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-9'11 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 lnformation).
NCI lD Comp v4 0222 12
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. S 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
Telecommun ications 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 DedicatedTransport.
A DS0-, 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 ("lOF"). 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 a911lE-911
Call when it is not feasible to route that 9111E-911 Call to the Designated PSAP.
2.35 Designated PSAP.
The primary PSAP designated by the Controlling 911 Authority to receive a
911/E-911 Call based upon the geographic location of the end user.
2.36 DigitalSignalLevel.
One of several transmission rates in the time-division multiplex hierarchy.
2.37 DiscontinuedFacility.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Frontier to provide on an unbundled basis to NCl, whether
because the facility was never subject to an unbundling requirement under the
NCI lD Comp v4 02 22 12
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 (DigitalSignal Level0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
2.39 DSI (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 (DigitalSignal Level3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.42 DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
2.43 DS3 Loop.
A digital transmission channel, between the main distribution frame (or its
equivalent) in an end user's serving UNE \A/ire Center and the demarcation point
at the end user custome/s premises, suitable for the transport of isochronous
bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DSI channels).
This Loop type is more fully described in Frontier TR72575, as revised from time
to time. A DS3 Loop requires the electronics necessary to provide the DS3
transmission rate.
2.44 EMI (Exchange Message lnterface).
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 lntentionally Left Blankl.
2.47 Exchange Access.
Shall have the meaning set forth in the Act.
2.48 Extended Local Calling Scope Arrangement.
NCI lD Comp v4 0222 12
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 lnternet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, /n fhe
Matter of lmplementation of the Local Competition Provisions in the
Telecommunications Act of 1996, lntercarrier 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 lnternet Order");
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, ln the Matter of High-Cost Universal Seruice Support; Federal-State
Joint Board on UniversalSerube; Lifeline and Link Up; Universal Seruice
Contribution Methodology; Numbering Resource Optimization; lmplementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developi ng a U nified I ntercarrie r Compensation Regime ; I nte rcarrie r
Compensation for ISP-Bound Traffic; lP-Enabled SeMces, 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 lnternet Orde/').
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 a Loop between a serving
End Office and a remote terminal or feeder/distribution interface.
2.54 FNID (Fiber Network lnterface 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
NCI lD Comp v4 02 22 12
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
(MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its equivalent) in the
End Office that serves the multiunit premises: (a) to or beyond the multiunit
premises' minimum point of entry (MPOE), as defined in 47 C. F.R. $ 68. 1 05; 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 (lntegrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS'1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps
digitalsignal.
2.59 ILEC (lncumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.60 lnformationAccess.
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 lnternet access or lnternet
transmission services.
2.61 lnside Wire or lnside Wiring.
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 lnterconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End
NCI lD Comp v4 02 22 12
Offices, Tandems and related facilities.
2.63 lnternet Traffic.
Any traffic that is transmitted to or returned from the lnternet at any point during
the duration of the transmission.
2.64 lnterLATAService.
Shall have the meaning set forth in the Act.
2.65 lntraLATA.
Telecommunications that originate and terminate within the same LATA.
2.66 flntentionally Left Blankl.
2.67 ISDN (lntegrated Services Digital Network).
A switched network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate lnterface-ISDN (BRl-
ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel(28+D). Primary Rate lnterface-
ISDN (PRI-ISDN) provides for digital transmission of twenty{hree (23) 64 kbps
bearer channels and one (1) 6a kbps data and signaling channel (23B+D).
2.68 IXC (lnterexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, lnterLATA or
lntraLATA 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 NPA/NXX routing and homing
information.
2.72 LIDB (Line lnformation Data Base).
Line lnformation 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.9.,
data for billed number screening).
2.73 flntentionally Left Blankl.
2.74 Line Side.
An End Office connection that provides transmission, switching and optional
features suitable for Customer connection to the public switched network,
NCI lD Comp v4 0222 12 34
including loop start supervision, ground start supervision and signaling for BRI-
ISDN service.
2.75 LooP.
A transmission path that extends from a Main Distribution Frame or functionally
comparable piece of equipment in a Customer's serving End Office, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Custome/s premises. The actualtransmission 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
lnterconnection Wire Center, for interconnection to other Telecommunications
facilities within the lnterconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a switching
system.
2.79 Measured lnternet Traffic.
Dial-up, switched lnternet 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 lnternet 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 (10)fi)U101XXXX) basis, are not considered
Measured lnternet Traffic. For the avoidance of any doubt, Virtual Foreign
Exchange Trafflc (i.e., V/FX Traffic) (as defined in the lnterconnection
Attachment) does not constitute Measured lnternet 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 byAT|S as "ATIS/OBF-
MECAB', as revised from time to time, contains the recommended guidelines for
the billing of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.81 MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - lndustry Support lnterface).
NCI lD Comp v4 0222 12
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as 'ATIS/OBF-MECOD', as revised from time to
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
2.82 flntentionally 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 lnterface Device).
The Frontier provided interface terminating Frontier's Telecom munications
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 lnside Wire may be connected to Frontier's network.
2.87 9111E-911 Call(s).
Call(s) made by the NCI end user by dialing the three digit telephone number
"91 1" to facilitate the reporting of an emergency requiring response by a public
safety agency.
2.88 9111E-911 Service Provider.
An entity authorized to provide 911/E-911 network and database services within
a particular jurisdiction.
2.89 Non-Revertive.
Where traffic is redirected to a protection line because of failure of a working line
and the working line is repaired, traffic will remain on the protection line until
there is either manual intervention or a failure of the protection line.
2.90 NPA (Numbering Plan Area).
Also sometimes referred to as an area code, is the first three-digit indicator of
each 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
NCI lD Comp v4 02 22 12 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 101XX record as defined in the EMI Telcordia Practice BR-O10-200-
01 0.
2.94 POI (Point of lnterconnection).
The physical location where the Parties' respective facilities physically
interconnect for the purpose of mutually exchanging their traffic. As set forth in
the lnterconnection Attachment, a Point of lnterconnection 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 lnterconnection on Frontier's
network in a LATA would include an applicable Frontier Tandem lnterconnection
Wire Center or Frontier End Office lnterconnection Wire Center but,
notwithstanding any other provision of this Agreement or othenrise, would not
include a NCI lnterconnection Wire Center, NCI switch or any portion of a
transport facility provided by Frontier to NCI or another party between (x) a
Frontier lnterconnection Wire Center or switch and (y) the lnterconnection Wire
Center or switch of NCI or another party.
2.95 Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
2.96 PrincipalDocument.
This document, including, but not limited to, the Title Page, the Table of
Contents, the Preface, the GeneralTerms and Conditions, the signature page,
this Glossary, the Attachments, and the Appendices to the Aftachments.
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.
NCI lD Comp v4 02 22 12
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 distiance 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 lnterconnection".
2.104 Rate Demarcation Point.
The physical point in a Frontier provided network facility at which Frontier's
responsibility for maintaining that network facility ends and the Custome/s
responsibility for maintaining the remainder of the facility begins, as set forth in
this Agreement, Frontieds 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 lnternet 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 lnterconnection Attachment).
2.106 Reciprocal CompensationTraffic.
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, lnformation Access, or exchange services for Exchange
Access or lnformation Access. The determination of whether
Telecommunications traffic is Exchange Access or lnformation Access shall be
based upon Frontier's local calling areas as defined by Frontier. Reciprocal
NCI lD Comp v4 0222 12 38
Compensation Traffic does pgl 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 lnternet 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 casualdialed (10X)(X101XXXX) 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 lnformation 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 lnterconnection 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 RetailPrices.
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 lnterconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facility or arrangement,
offered by a Party under this Agreement.
2.110 [ntentionally Left Blank].
2.111 SS7 (Signaling System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for lnternational Telephone and Telegraph (CCITT) and
the American National Standards lnstitute (ANSI). Frontier and NCI 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 ("FDl) and the Rate Demarcation Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
NCI lD Comp v4 02 22 12 39
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, lnc., formerly known as Bell Communications Research,
lnc. (Bellcore).
2.118 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.119 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.120 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.121 Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.122 Third Party Claim.
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Party.
NCI lD Comp v4 02 22 12 40
2.123 TollTraffic.
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 lnternet Traffic, or Ancillary
Traffic. Toll Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll
Traffic", depending on whether the originating and terminating points are within
the same LATA.
2.124 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
"Environmental Law" or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that othenrise 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 lnterconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured lnternet
Traffic) by the total number of minutes of interstate and intrastate traffic.
([nterstate Traffic Total Minutes of Use {excluding Measured lnternet Traffic
Total Minutes of Use) + {lnterstate Traffic Total Minutes of Use + lntrastate Traffic
Total Minutes of Use)l 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 lnterstate Usage"
or "PlU".
2.126 Traffic Factor 2.
For traffic exchanged via lnterconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured lnternet Traffic by the combined total number of minutes of
intrastate traffic and Measured lnternet Traffic. ([{Reciprocal Compensation
Traffic Total Minutes of Use + Measured lnternet Traffic Total Minutes of Use) +
{lntrastate Traffic Total Minutes of Use + Measured lnternet Traffic Total Minutes
of Use)l 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.
2.128 Trunk Side.
NCI lD Comp v4 02 22 12
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 digitalVoice Grade service (a 56-64 kbps channel),
the terms "DS0" or "srJb-DS1" may also be used.
2.133 xDSL.
As defined and offered in this Agreement. The small "x" before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL'flavor".
NCI lD Comp v4 02 22 12 42
1.
2.
ADDITIONAL SERVICES ATTACHMENT
Atternate Billed Calls
1.1 The Parties will engage in settlements of intraLATA intrastate alternate-billed
calls (e.o., 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.
Dialing Parity - Section 251(bX3)
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(bX3) of the Act.
[his Section lntentionally Left Blank]
Directory Listing and Directory Distribution
To the extent required by Applicable Law, Frontierwill provide directory services to NCl.
Such services will be provided in accordance with the terms set forth herein.
4.1 Listing lnformation.
As used herein, "Listing lnformation" means a NCI 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 lnformation Supply.
NCI 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.9., Ordering and Billing Forum developed) all Listing lnformation and the
service address for each NCI Customer whose service address location falls
within the geographic area covered by the relevant Frontier directory. NCI shall
also provide to Frontier on a daily basis: (a) information showing NCI Customers
who have disconnected or terminated their service with NCI; and (b) delivery
information for each non-listed or non-published NCI Customer to enable Frontier
to perform its directory distribution responsibilities. Frontier shall promptly
provide to NCI (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 lnclusion and Distribution.
Frontier shall include each NCI 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 NCI Customers in the same manner
it provides initial distribution of such directories to its own Customers. "Primary
Listing" means a Customer's primary name, address, and telephone number.
Listings of NCI's Customers shall be interfiled with listings of Frontier's
3.
4.
NCI lD Comp v4 02 22 12 43
4.4
4.5
Customers and the Customers of other LECs included in the Frontier directories.
NCI shall pay Frontier's Tariffed charges for additional, foreign, and other listings
products (as documented in localTariff)for NCI's Customers.
Frontier lnformation.
Upon request by NCl, Frontier shall make available to NCI 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 NCl, on Frontier's Wtolesale website (or, at Frontier's option, in
writing) Frontier's directory listings standards and specifications.
Confidentiality of Listing lnformation.
Frontier shall accord NCI Listing lnformation the same level of confidentiality that
Frontier accords its own listing information, and shall use such Listing lnformation
solely for the purpose of providing directory-related services; provided, however,
that should Frontier elect to do so, it may use or license NCI Listing lnformation
for directory publishing, direct marketing, or any other purpose for which Frontier
uses or licenses its own listing information, so long as NCI Customers are not
separately identified as such; and prouided further that NCI 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 NCI for
Frontie/s use or licensing of NCI Listing lnformation.
Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of NCI Customer listings. At NCI's request, Frontier shall provide NCI
with a report of all NCI Customer listings in a reasonable timeframe prior to the
service order close date for the applicable directory. Frontier shall process any
corrections made by NCI with respect to its listings, provided such corrections
are received prior to the close date of the particular directory.
lndemnification.
NCI shall adhere to all practices, standards, and ethical requirements established
by Frontier with regard to listings. By providing Frontier with Listing lnformation,
NCI warrants to Frontier that NCI has the right to provide such Listing lnformation
to Frontier on behalf of its Customers. NCI 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. NCI 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 lnformation as
provided by NCI hereunder.
Liability.
Frontier's liability to NCI in the event of a Frontier error in or omission of a NCI
Customer listing shall not exceed the amount actually paid by NCI to Frontier for
such listing. NCI agrees to take all reasonable steps, including, but not limited to,
4.6
4.7
4.8
NCI lD Comp v4 0222 12
entering into appropriate contractual provisions with its Customers, to ensure that
its and Frontier's liability to NCI'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.
Service lnformation Pages.
Frontier shall include all NCI 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. NCI's NXX codes shall appear in such lists in the same
manner as Frontier's NXX information. ln addition, when NCI is authorized to,
and is offering, local service to Customers located within the geographic area
covered by a specific directory, at NCI's request, Frontier shall include, at no
charge, in the "Customer Guide" or comparable section of the applicable
alphabetical directories, NCI's critical contact information for NCI's installation,
repair and Customer service, as provided by NCl. Such critical contact
information shall appear alphabetically by local exchange carrier and in
accordance with Frontier's generally applicable policies. NCI shall be
responsible for providing the necessary information to Frontier by the applicable
close date for each affected directory.
4.10 DirectoryPublication.
Nothing in this Agreement shall require Frontier to publish a directory where it
would not otherwise do so.
4.11 Other Directory Services.
NCI acknowledges that if NCI 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 lnformation Service Traffic
5.1 For purposes of this Section 5, (a) Voice lnformation Service means a service
that provides [i] recorded voice announcement information or [ii] a vocal
discussion program open to the public, and (b)Voice lnformation Service Traffic
means intraLATA switched voice traffic, delivered to a Voice lnformation Service.
Voice lnformation Service Traffic does not include any form of lnternet Traffic.
Voice lnformation 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 lnformation Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
I nterconnection Attachment.
5.2 lf a NCI Customer is served by resold Frontier dial tone line Telecommunications
Service, to the extent reasonably feasible, Frontier will route Voice lnformation
Service Traffic originating from such Service to the appropriate Voice lnformation
Service connected to Frontier's network unless a feature blocking such Voice
lnformation Service Traffic has been installed. For such Voice lnformation
Service Traffic, NCI shall pay to Frontier without discount any Voice lnformation
Service provider charges bllled by Frontier to NCl. NCI shall pay Frontier such
charges in full regardless of whether or not NCI collects such charges from its
Customer.
4.9
NCI lD Comp v4 0222 12
6.
5.3 NCI shall have the option to route Voice lnformation Service Traffic that
originates on its own network to the appropriate Voice lnformation Service
connected to Frontier's network. ln the event NCI exercises such option, NCI will
establish, at its own expense, a dedicated trunk group to the Frontier Voice
lnformation Service serving switch, This trunk group will be utilized to allow NCI
to route Voice lnformation Service Traffic originated on its network to Frontier.
For such Voice lnformation Service Traffic, unless NCI has entered into a written
agreement with Frontier under which NCI will collect from NCI's Customer and
remit to Frontier the Voice lnformation Service provider's charges, NCI shall pay
to Frontier without discount any Voice lnformation Service provider charges billed
by Frontier to NCl. NCI shall pay Frontier such charges in full regardless of
whether or not NCI collects such charges from its own Customer.
lntercept and Referral Announcements
6.1 When a Customer changes its service provider from Frontier to NCl, or from NCI
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.
Originating Line Number Screening (OLNS)
Upon NCI's request, Frontier will update its datiabase 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.9., penal
institutions, COCOTS).
Operations Support Systems (OSS) Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
8.1.1 Frontier Ooerations Suooort Svstems: 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
7.
8.
NCI lD Comp v4 0222 12
8.1.3
8.1.4
8.1.5
8.1.6
8.1.7
8.2 Frontier OSS Services.
8.2.1
8.2.2
8.2.3
not limited to: (a) Frontier's provision of NCI Usage lnformation to NCI
pursuant to Section 8.3 of this Attachment; and, (b) "Frontier OSS
lnformation", as defined in Section 8.1.4 of this Attachment.
Frontier OSS Facilities: Any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by Frontier to provide
Frontier OSS Services to NCl.
Frontier OSS Information: Any information accessed by, or disclosed
or provided to, NCI through or as a part of Frontier OSS Services. The
term 'Frontier OSS Information" includes, but is not limited to: (a) any
Customer lnformation related to a Frontier Customer or a NCI
Customer accessed by, or disclosed or provided to, NCI through or as
a part of Frontier OSS Services; and, (b) any NCI Usage lnformation
(as defined in Section 8.1.6 of this Attachment) accessed by, or
disclosed or provided to, NCl.
Frontier Reta,il Telecommunications Service: Any
Telecommunications Service that Frontier provides at retailto
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. S 153(16)) provided by Frontier.
NCI Usaqe lnformation: For a Frontier Retail Telecommunications
Service purchased by NCI 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.
Customer lnformatign: 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.
Upon request by NCl, Frontier shall provide to NCI Frontier OSS
Services. Such Frontier OSS Services will be provided in accordance
with, but only to the extent required by, Applicable Law.
Subject to the requirements of Applicable Law, Frontier Operations
Support Systems, Frontier Operations Support Systems functions,
Frontier OSS Facilities, Frontier OSS lnformation, 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,
Frontier Operations Support Systems functions, Frontier OSS
Facilities, Frontier OSS lnformation, and the Frontier OSS Services,
from time-to-time, without the consent of NCl.
To the extent required by Applicable Law, in providing Frontier OSS
Services to NCl, 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.
NCI lD Comp v4 0222 12 47
8.3 NCI Usage lnformation.
8.3.1
8.3.2
8.3.3
8.3.4
Upon request by NCl, Frontier shall provide to NCI NCI Usage
lnformation. Such NCI Usage lnformation will be provided in
accordance with, but only to the extent required by, Applicable Law.
NCI Usage lnformation will be available to NCI through Network Data
Mover (NDM) or other such media as mutually agreed by both Parties.
NCI Usage lnformation willbe provided in an ATIS EMI format.
Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
NCI Usage lnformation will be provided to NCI 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 NCI only to the
extent necessary for NCI's access to and use of Frontier OSS
Services pursuant to this Agreement.
Frontier OSS Facilities may be accessed and used by NCI only to
provide Telecommunications Services to NCI Customers.
NCI shall restrict access to and use of Frontier OSS Facilities to NCl.
This Section 8 does not grant to NCI any right or license to grant
sublicenses to other persons, or permission to other persons (except
NCI's employees, agents and contractors, in accordance with Section
8.4.7 of this Attachment), to access or use Frontier OSS Facilities.
NCI 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 NCI's use under this Section 8.
NCI shall comply with all practices and procedures established by
Frontier for access to and use of Frontier OSS Facilities (including, but
not limited to, Frontier practices and procedures with regard to security
and use of access and user identification codes).
All practices and procedures for access to and use of 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 NCI only in connection with NCI's use of Frontier OSS Facilities
permitted by this Section 8; (c) shall be treated by NCI as Confldential
lnformation of Frontier pursuant to Section 10 of the General Terms
and Conditions; and, (d) shall be destroyed or returned by NCI to
Frontier upon the earlier of request by Frontier or the expiration or
termination of this Agreement.
NCI's employees, agents and contractors may access and use
Frontier OSS Facilities only to the extent necessary for NCI's access
to and use of the Frontier OSS Facilities permitted by this Agreement.
Any access to or use of Frontier OSS Facilities by NCI's employees,
8.4.2
8.4.3
8.4.4
8.4.5
8.4.6
8.4.7
NCI lD Comp v4 0222 12 48
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 lnformation.
8.5.1
8.5.2
8.5.3
Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Frontier grants to NCI a
non-exclusive license to use Frontier OSS lnformation.
All Frontier OSS lnformation shall at all times remain the property of
Frontier. Except as expressly stated in this Section 8, NCI shall
acquire no rights in or to any Frontier OSS lnformation.
The provisions of this Section 8.5.3 shall apply to all Frontier OSS
lnformation, except (a) NCI Usage lnformation, (b) CPNI of NCl, and
(c) CPNI of a Frontier Customer or a NCI Customer, to the extent the
Customer has authorized NCI to use the CPNI.
8.5.3.1 Frontier OSS lnformation may be accessed and used by
NCI only to provide Telecommunications Services to NCI
Customers.
8.5,3.2 NCI shall treat Frontier OSS lnformation 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 lnformation 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 NCI any right or license to grant
sublicenses to other persons, or permission to other
persons (except NCI's employees, agents or contractors, in
accordance with Section 8.5.3.4 of this Attachment), to
access, use or disclose Frontier OSS lnformation.
8.5.3.4 NCI's employees, agents and contractors may access, use
and disclose Frontier OSS lnformation only to the extent
necessary for NCI's access to, and use and disclosure of,
Frontier OSS lnformation permitted by this Section 8. Any
access to, or use or disclosure of, Frontier OSS lnformation
by NCI'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 NCI's license to use Frontier OSS lnformation shall expire
upon the earliest of: (a) the time when the Frontier OSS
lnformation is no longer needed by NCI to provide
Telecommunications Services to NCI 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 lnformation received by NCI shall be
destroyed or returned by NCI to Frontier, upon expiration,
NCI lD Comp v4 02 22 12 49
8.5.4
8.5.5
8.5.6
suspension or termination of the license to use such
Frontier OSS lnformation.
Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including, but not limited to, Section 2.2
of the GeneralTerms and Conditions and Section 8.6.1 of this
Attachment), NCI's access to Frontier OSS lnformation through
Frontier OSS Services shall terminate upon the expiration or
termination of this Agreement.
Audits.
8.5.5.1 Frontier shall have the right (but not the obligation) to audit
NCI to ascertain whether NCI is complying with the
requirements of Applicable Law and this Agreement with
regard to NCI's access to, and use and disclosure of,
Frontier OSS lnformation.
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 NCI's
access to and use of Frontier OSS lnformation which is
made available by Frontier to NCI pursuant to this
Agreement, to ascertain whether NCI is complying with the
requirements of Applicable Law and this Agreement, with
regard to NCI 's access to, and use and disclosure of, such
Frontier OSS lnformation. The foregoing right shall include,
but not be limited to, the right (but not the obligation) to
electronically monitor NCI's access to and use of Frontier
OSS lnformation which is made available by Frontier to NCI
through Frontier OSS Facilities.
8.5.5.3 lnformation obtained by Frontier pursuant to this Section
8.5.5 shall be treated by Frontier as Confidential lnformation
of NCI pursuant to Section 10 of the General Terms 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.
NCI acknowledges that the Frontier OSS lnformation, by its nature, is
updated and corrected on a continuous basis by Frontier, and
therefore that Frontier OSS lnformation is subject to change from time
to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by NCl, or NCI'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. ln addition, if NCI or an employee,
agent or contractor of NCI at any time breaches a provision of
Sections 8.4 or 8.5 of this Aftachment 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 NCl, to suspend the license to use Frontier
NCI lD Comp v4 0222 12 50
8.7
8.6.2
OSS lnformation granted by Section 8.5.1 of this Attachment and/or
the provision of Frontier OSS Services, in whole or in part.
NCI agrees that Frontier would be irreparably injured by a breach of
Sections 8.4 or 8.5 of this Attachment by NCI or the employees,
agents or contractors of NCl, 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.
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.
Cooperation.
NCl, at NCI'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
Upon request by Frontier, NCI 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 NCI anticipates submitting in each week of the next
Calendar Quarter.
NCI shall reasonably cooperate with Frontier in submitting orders for
Frontier Services and otherwise using the Frontier OSS Services, in
order to avoid exceeding the capacity or capabilities of such Frontier
OSS Services.
NCI shall participate in cooperative testing of Frontier OSS Services
and shall provide assistance to Frontier in identiflTing and correcting
mistakes, omissions, interruptions, delays, errors, defects, fau lts,
failures, or other deficiencies, in Frontier OSS Services.
8.9 Frontier Access to lnformation Related to NCI Customers.
8.9.1 Frontier shall have the right to access, use and disclose information
related to NCI 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 NCI Customer in the
manner required by Applicable Law.
Upon request by Frontier, NCI shallnegotiate in good faith and enter
into a contract with Frontier, pursuant to which Frontier may obtain
access to NCI's operations support systems (including, systems for
pre-ordering, ordering, provisioning, maintenance and repair, and
billing)and information contained in such systems, to permit Frontier
to obtain information related to NCI Customers (as authorized by the
8.8.1
8.8.2
8.8.3
8.9.2
NCI lD Comp v4 02 22 12
9.
applicable NCI 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 flntentionally 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.
Poles, Ducts, Conduits and Rights-of-Way
9.1 Frontier shall afford NCI 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
aTariff and license agreement, a mutually acceptable agreement to be
negotiated by the Parties.
9.2 NCI shall afford Frontier non-discriminatory access to poles, ducts, conduits and
rights-of-way owned or controlled by NCl. Such access shall be provided
pursuant to NCI's applicable Tariffs, or, in the absence of an applicable NCI
Tariff, NCI'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
NCI for such access shall be no less favorable than the terms, conditions and
prices offered to NCI by Frontier for access to poles, ducts, conduits and rights of
way owned or controlled by Frontier.
Telephone Numbers
10.1 This Section applies in connection with NCI Customers served by
Telecommunications Services provided by Frontier to NCI for resale.
10.2 NCI'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 NCI who is served by a Frontier Telecommunications Service ('VIS")
changes the LEC that serves the Customer using such VTS (including a change
from Frontier to NCl, from NCI to Frontier, or from NCI 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 NCI for resale, the type or class of service
subscribed to by the Customer changes.
10.
NCI lD Comp v4 0222 12 52
11.
10.5 lf service on a VTS provided by Frontier to NCI under this Agreement is
terminated and the telephone numbers associated with such VTS have not been
ported to a NCI 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,
NCl, or Telecommunications Carriers other than Frontier and NCl.
10.6 NCI may reserve telephone numbers only to the extent Frontier's Customers may
reserve telephone numbers.
Routing for Operator Services and Directory Assistance Traffic
For a Frontier Telecommunications Service dial tone line purchased by NCI for resale
pursuant to the Resale Attachment, upon request by NCl, Frontier will establish an
arrangement that will permit NCI to route the NCI Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by NCl. 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 NCI and a mutually
agreed-upon schedule. This routing arrangement will be implemented at NCI's expense,
with charges determined on an individualcase basis. In addition to charges for initially
establishing the routing arrangement, NCI will be responsible for ongoing monthly and/or
usage charges for the routing arrangement. NCI shall arrange, at its own expense, the
trunking and other facilities required to transport traffic to NCI's selected provider of
operator and directory assistance services.
U nauthorized Carrier Ghange Gharges
ln the event either Party requests that the other Party install, provide, change, or
terminate a Customer's Telecommunications Service (including, but not limited to, a
Customer's selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision, selection,
change or termination in accordance with Applicable Laws, the requesting Party shall be
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.
Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with NCI 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.
12.
13.
NCI lD Comp v4 02 22 12 53
1.
I NTERCONNECTION ATTACHMENT
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 lnterconnection 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 lnterconnection on Frontier's network in a LATA would
include an applicable Frontier Tandem lnterconnection Wire Center or Frontier End Office
lnterconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a NCI lnterconnection Wire Center, NCI switch or any
portion of a transport facility provided by Frontier to NCI or another party between (x) a
Frontier lnterconnection Wire Center or switch and (y) the lnterconnection Wire Center or
switch of NCI 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.
Points of !nterconnection and Trunk Types
2.1 Point(s) of lnterconnection.
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 NCl.
2.2 Trunk Types.
2.2.1 ln interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 lnterconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffic, translated LEC lntraLATA
toll free service access code (e.9., 800/888/877) traffic, and
lntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffic, and,
Measured lnternet 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
lnterLATA toll free service access code (e.9., 800/888/877)
traffic, between NCI 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 Aftachment; 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
lntraLATA/lnterLATA toll free service access code (e.9.
800/888/877) traffic.
2.
NCI lD Comp v4 02 22 12
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.3
Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.9., 9111E-911 Trunks) or in
other separate agreements between the Parties (e.9., directory
assistance trunks, operator services trunks, BLV/BLVI trunks or trunks
for 500/555 traffic).
ln accordance with the terms of this Agreement, the Parties will deploy
One-Way lnterconnection Trunks (trunks with traffic going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way lnterconnection Trunks (trunks with traffic going in
both directions).
NCI shall establish, at the technically feasible Point(s) of
lnterconnection on Frontier's network in a LATA, separate
lnterconnection Trunk group(s) between such POI(s) and each
Frontier Tandem in a LATA with a subtending End Office(s) to which
NCI originates calls for Frontier to terminate.
ln the event the volume of traffic between a Frontier End Office and a
technically feasible Point of lnterconnection on Frontier's network in a
LATA, which is carried by a Final Tandem lnterconnection Trunk
group, exceeds (a)the Centum Call Seconds (Hundred Call Seconds)
busy hour equivalent of one (1) DSI 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
lnterconnection Trunks are used, the originating Party shall promptly
establish new or augment existing End Office One-Way
lnterconnection Trunk groups between the Frontier End Office and the
technically feasible Point of lnterconnection on Frontier's network; or,
(ii) if Two-Way lnterconnection Trunks are used, NCI shall promptly
submit an ASR to Frontier to establish new or augment existing End
Office Two-Way lnterconnection Trunk group(s) between that Frontier
End Office and the technically feasible Point of lnterconnection on
Frontier's network.
Except as otherwise agreed in writing by the Parties, the total number
of Tandem lnterconnection Trunks between a technically feasible
Point of lnterconnection on Frontier's network and a Frontier Tandem
will be limited to a maximum of 240 trunks. ln the event that the
volume of traffic between a technically feasible Point of
lnterconnection on Frontier's network and a Frontier Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, NCI 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 lnterconnection on Frontier's
network and the Frontier Tandem does not exceed the capacity of the
240 trunks.
One-Way I nterconnection Trunks.
2.3.1 Where the Parties use One-Way lnterconnection Trunks for the
delivery of traffic from NCI to Frontier, NCl, at NCI's own expense,
shall:
2.3.1.1 provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA; and/or
NCI lD Comp v4 0222'12
2.3.1.2 obtain transport for delivery of the traffic to the technically
feasible Point(s) of lnterconnection 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.
For each Tandem or End Office One-Way lnterconnection Trunk group
for delivery of traffic from NCI to Frontier with a utilization level of less
than sixty percent (60%) for flnal trunk groups and eighty-five percent
(85%) for high usage trunk groups, unless the Parties agree otherwise,
NCI will promptly submit ASRs to disconnect a sufficient number of
lnterconnection Trunks to aftain a utilization level of approximately
sixty percent (60%) for all final trunk groups and eighty-five percent
(85%) for all high usage trunk groups. ln the event NCI fails to submit
an ASR to disconnect One-Way lnterconnection Trunks as required by
this Section, Frontier may disconnect the excess lnterconnection
Trunks or bill (and NCI shall pay) for the excess lnterconnection
Trunks at the rates set forth in the Pricing Attachment.
Where the Parties use One-Way Interconnection Trunks for the
delivery of traffic from Frontier to NCl, Frontier, at Frontier's own
expense, shall provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of lnterconnection on Frontier's network in
a LATA.
2.4 Two-Way I nterconnection Trunks.
2.4.1 Where the Parties use Two-Way lnterconnection Trunks for the
exchange of traffic between Frontier and NCl, NCl, at its own expense,
shall:
2.4.1.1 provide its own facilities to the technically feasible Point(s)
of lnterconnection on Frontier's network in a LATA; and/or
2.4.1.2 obtain transport to the technically feasible Point(s) of
lnterconnection on Frontier's network in a LATA (a) from a
third party, or, (h) if Frontier offers such transport pursuant
to a Frontier access Tariff, from Frontier.
Where the Parties use Two-Way lnterconnection Trunks for the
exchange of traffic between Frontier and NCl, Frontier, at its own
expense, shall provide its own facilities to the technically feasible
Point(s) of Interconnection on Frontier's network in a I-ATA.
Prior to establishing any Two-Way lnterconnection Trunks, NCI 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
lnterconnection Trunks and the interface specifications at the
technically feasible Point(s) of lnterconnection 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
lnterconnection Trunks to Two-Way lnterconnection Trunks, at the
Joint Planning Meeting, the Parties shallalso mutually agree on the
conversion process and project intervals for conversion of such One-
Way lnterconnection Trunks to Two-Way lnterconnection Trunks.
2.4.2
2.4.3
2.3.2
2.3.3
NCI lD Comp v4 0222 12 56
2.4.4 On a semi-annual basis, NCI shall submit a good faith forecast to
Frontier of the number of End Office and Tandem Two-Way
lnterconnection Trunks that NCI anticipates Frontier will need to
provide during the ensuing two (2) year period for the exchange of
traffic between NCI and Frontier. NCI'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
lnterconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
lnterconnection Trunks.
2.4.6 Two-Way lnterconnection 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 lnterconnection 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 lnterconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffic volume experienced.
2.4.8 Two-Way lnterconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson 8.005 during the average time consistent busy hour.
Two-Way lnterconnection Trunk groups that connect to a Frontier local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson 8.01 during the average time consistent busy hour.
Frontier and NCI shall engineer Two-Way lnterconnection 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 lnterconnection Trunk
groups shall be that no such lnterconnection Trunk group will exceed
its design blocking objective (8.005 or B.01, as applicable) for three
(3) consecutive calendar traffic study months.
2.4.10 NCI shall determine and order the number of Two-Way
lnterconnection Trunks that are required to meet the applicable design
blocking objective for all traffic carried on each Two-Way
Interconnection Trunk group. NCI shall order Two-Way
lnterconnection Trunks by submitting ASRs to Frontier setting forth the
number of Two-Way lnterconnection Trunks to be installed and the
requested installation dates within Frontier's effective standard
intervals or negotiated intervals, as appropriate. NCI 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
lnterconnection Trunk groups using service results for the applicable
design blocking objective. lf Frontier observes blocking in excess of
the applicable design objective on any Tandem Two-Way
lnterconnection Trunk group and NCI has not notified Frontier that it
has corrected such blocking, Frontier may submit to NCI a Trunk
NCI lD Comp v4 0222 12
2.4.12
2.4.13
2.4.14
Alternative I ntercon nection Arrangements
3.1 Fiber Meet Arrangement Provisions.
Group Service Request directing NCI to remedy the blocking. Upon
receipt of a Trunk Group Service Request, NCI will complete an ASR
to establish or augment the End Office Two-Way lnterconnection
Trunk group(s), or, if mutually agreed, to augment the Tandem Two-
Way lnterconnection Trunk group with excessive blocking and submit
the ASR to Frontier within five (5) Business Days.
The Parties will review all Tandem Two-Way lnterconnection Trunk
groups that reach a utilization level of seventy percent (70%), or
greater, to determine whether those groups should be augmented.
NCI will promptly augment all Tandem Two-Way lnterconnection
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 (70Yo), unless the Parties agree
that additional trunking is not required. For each Tandem Two-Way
lnterconnection Trunk group with a utilization level of less than sixty
percent (60%), unless the Parties agree otherwise, NCI will promptly
submit ASRs to disconnect a sufficient number of lnterconnection
Trunks to attain a utilization level of approximately sixty percent (60%)
for each respective group, unless the Parties agree that the Two-Way
lnterconnection Trunks should not be disconnected. ln the event NCI
fails to submit an ASR for Two-Way lnterconnection Trunks in
conformance with this Section, Frontier may disconnect the excess
lnterconnection Trunks or bill (and NCI shall pay) for the excess
lnterconnection Trunks at the applicable Frontier rates.
Because Frontier will not be in control of when and how many Two-
Way lnterconnection Trunks are established between its network and
NCI's network, Frontier's performance in connection with these Two-
Way lnterconnection 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 assu rance
guidelines or plan.
NCI will route its traffic to Frontier over the End Office and Tandem
Two-Way lnterconnection Trunks in accordance with SR-TAP-000191 ,
including but not limited to those standards requiring that a call from
NCI to a Frontier End Office will first be routed to the End Office
lnterconnection Trunk group between NCI and the Frontier End Office.
3.
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 NCI nor any of NCI's affiliates has an overdue balance
on any bill rendered to NC! or NCI's 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. ln 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
NCI lD Comp v4 02 22 '12
3.1.2
3.1.3
limited to, the location of the Fiber Meet points, routing, equipment
(e.9., specifications of Add/Drop Multiplexers, number of strands of
fi ber, etc. ), software, ordering, provision in g, mai ntenance, repai r,
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 lnterconnection Attachment Fiber Meet
Arrangement Provisions. Each such document will be treated as
Confi dential I nformation.
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. lf existing fiber cable with
spare capacity is not available, the Parties agree to minimize the
construction and deployment of flber 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.
A Fiber Meet arrangement established under this Agreement may be
used for the transmission and routing of only the following traffic types
(over the lnterconnection 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.9., 800/8881877) traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.3 lntral-ATA Toll Traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffic; and
3,1.3.5 Measured lnternetTraffic.
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 routihg of traffic of the type set forth in Section
3.1.3.2, the transport and termination of such traffic shall be subject to
the rates and charges set forth in the Agreement and applicable
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of 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
NCI lD Comp v4 0222 12 59
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 $pe set forth in Section
3.1.3.4, Frontier shall charge (and NCI 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 NCI'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 NCI's Telephone Exchange
Service Customers to an operator services provider over
operator services trunks;
3.1.4.2 Directory assistance traffic from NCI's Telephone Exchange
Service Customers to a directory assistance provider over
directory assistance trunks;
3.1.4.3 911 traffic from NCI's Telephone Exchange Service
Customers to 9 1 1 /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 lnterLATA toll free service access code
(e.9., 800/8881877) traffic, between NCI's Telephone
Exchange Service Customers and third-pafi 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 trafflc of the
types set forth in this Section 3.1.4 Frontier may bill (and NCI 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 lnterconnection Attachment, access
services (switched and unswitched) and unbundled network elements
shall not be provisioned on or accessed through Fiber Meet
arrangements.
3.1.5 NCI will include traffic to be exchanged over Fiber Meet arrangements
in its forecasts provided to Frontier under the Agreement.
lnitiating lnterconnection
4.1 lf NCI 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 pursuant to this
Agreement, NCI shall provide written notice to Frontier of the need to establish
lnterconnection 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
lnterconnection on Frontier's network to be established in the relevant LATA in
accordance with this Agreement; (c) NCI's intended lnterconnection activation
4.
NCI lD Comp v4 02 22 12 60
5.
date; (d) a forecast of NCI'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 lnterconnection.
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 NCI's notice
provided for in Section 4.1of this Attachment, Frontier and NCI shall confirm the
technically feasible Point of lnterconnection on Frontie/s network in the new
LATA and the mutually agreed upon lnterconnection activation date for the new
LATA.
Transmission and Routing of Telephone Exchange Seruice Traffic
5.1 Scope of Traffic.
Section 5 prescribes parameters for lnterconnection Trunks used for
lnterconnection 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 lnterconnection Trunks, if NCI
wishes to use a technically feasible interface other than a DS1 or a
DS3 facility at the POl, 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.
When One-Way or Two-Way lnterconnection Trunks are provisioned
using a DS3 interface facility, if NCI orders the multiplexed DS3
facilities to a Frontier Central Office that is not designated in the NECA
4Tarill as the appropriate lntermediate Hub location (i.e., the
lntermediate 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.
Each Party will identify its Carrier ldentification Code, a three or four
digit numeric code obtained from Telcordia, to the other Party when
ordering a trunk group.
For multi-frequency (MF) signaling each Party will out pulse ten (10)
digits to the other Party, unless the Parties mutually agree othenrvise.
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.
s.2.2
5.2.3
5.2.4
5.2.5
NCI lD Comp v4 02 22 '12 61
6.
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing NCI 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 NCl, the subtending
arrangements between NCI Tandems and NCI End Offices shall be the same as
the Tandem/End Office subtending arrangements that NCI maintains for the
routing of its own or other carriers' traffic.
5.4 Signaling.
Each Pafi 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.
Traffic Measurement and Billing over lnterconnection 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
lnterconnection Trunks. ln 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 lnternet 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 lnternet Traffic, the FCC lnternet Orders.
6.1.2 lf 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 50/o) 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 lf the originating Party passes CPN on less than ninety-five percent
(95%) of its calls and traffic studies determine the originatinS Party
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.
NCI lD Comp v4 02 22 12 62
6.2 At such time as a receiving Party has the capabili$, on an automated basis, to
use such CPN to classify traffic delivered over lnterconnection Trunks by the
other Party by Traffic Rate type (e.9., Reciprocal Compensation Traffic/Measured
lnternet Traffic, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Seryice, 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. lf 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.9.,
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 lnternet 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 lf and, to the extent that, a NCI Customer receives V/FX Traffic, NCI shall
promptly provide notice thereof to Frontier (such notice to include, without
limitation, the specific telephone numbe(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 NCI Customers.
Reciprocal Compensation Arrangements Pursuant to Section 251(bxs) of the Act
7.1 ReciprocalCompensation.
The Parties shall exchange Reciprocal Compensation Traffic at the technically
feasible Point(s) of lnterconnection 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 lnterconnection on Frontier's
network in a LATA to its Customer; provided, however, for the avoidance of any
doubt, NCI shall also pay Frontier, at the rates set forth in the Pricing Attachment,
for any multiplexing, cross connects or other collocation related Services that NCI
obtains from Frontier. When Toll Traffic is delivered over the same
lnterconnection 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 lnterconnection 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
7.
NCI lD Comp v4 02 22 12
purposes of Reciprocal Compensation shall be based on the actual originating
and terminating points of the complete end-to-end communication.
Traffic Not Subject to Reciprocal Compensation.7.2
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
L Other Types of Traffic
Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic), lnformation Access, or exchange
services for Exchange Access or lnformation Access.
Reciprocal Compensation shall not apply to lnternet Traffic.
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 0D(X10'lXXXX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local
Calling Scope Arrangement Traffic.
Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
Reciprocal Compensation shall not apply to Tandem Transit Traffic.
Reciprocal Compensation shall not apply to Voice lnformation Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(bxs) of the Act.
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 NCI
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, NCI shall pay Frontier's originating access charges for all V/FX
Traffic originated by a Frontier Customer, and NCI shall pay Frontier's
terminating access charges for all V/FX Traffic originated by a NCI
Customer.
8.1
8.2
8.3
!ntentionally Left Blankl
lnterstate and intrastate Exchange Access, lnformation Access, exchange
services for Exchange Access or lnformation Access, and Toll Trafflc, shall be
governed by the applicable provisions of this Agreement and applicable Tariffs.
For any traffic originating with a third party carrier and delivered by NCI to
Frontier, NCI 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 NCl.
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.
8.4
NCI lD Comp v4 02 22'12
9.
8.5 The Parties may also exchange lnternet Traffic at the technically feasible Point(s)
of lnterconnection on Frontier's network in a I-ATA established hereunder for the
exchange of Reciprocal Compensation Traffic. Any intercarrier compensation
that may be due in connection with the Parties' exchange of lnternet Traffic shall
be applied at such technically feasible Point of Interconnection on Frontier's
network in a LATA in accordance with the FCC lnternet Orders and other
applicable FCC orders and FCC Regulations.
Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffic.
Section 9 prescribes parameters for certain trunks to be established over the
lnterconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between NCI Telephone Exchange Service
Customers and lnterexchange Carriers ("Access Toll Connecting Trunks"), in any
case where NCI elects to have its End Office Switch subtend a Frontier Tandem.
This includes casually-dialed (1010XXX and 101XXXX) traffic.
Access Toll Connecting Trunk Group Architecture.
9.2.1 lf NCI chooses to subtend a Frontier access Tandem, NCI's NPA/NXX
must be assigned by NCI to subtend the same Frontier access
Tandem that a Frontier NPA/N)fi serving the same Rate Center Area
subtends as identified in the LERG.
9.2.2 NCI shall establish Access Toll Connecting Trunks pursuant to
applicable access Tariffs by which it will provide Switched Exchange
Access Services to lnterexchange Carriers to enable such
lnterexchange Carriers to originate and terminate traffic to and from
NCI's Customers.
The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office NCI 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 NCI's
Customers to connect to or be connected to the interexchange trunks
of any lnterexchange Carrier which is connected to a Frontier access
Tandem.
Meet-Point Billing (MPB) Arrangements
10.1 NCI 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 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.
ln each LATA, the Parties shall establish MPB arrangements for the applicable
NCI Routing PoinUFrontier Serving lnterconnection Wire Center combinations.
10.2
9.2
9.2.3
10.
NCI lD Comp v4 02 22 '12
10.3 lnterconnection 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 NCI 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 ln 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 BellAtlantic 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 NCI Routing PoinUFrontier Serving lnterconnection Wire
Center combination, the MPB billing percentages for transport between the NCI
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 ldentification Code (ClC) of the lXC, and identification of the Frontier
lnterconnection 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 NCI with the Terminating Switched Access Detail Usage
Data (EMl category 1101XX 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 NCI shall provide Frontier with the Originating Switched Access Detail Usage
Data (EMl category 1101XX records) on cartridge or via such other media as the
Parties may agree, no later than ten (10) Business Days after the date the usage
occurred.
1 0.1 O All usage data to be provided pursuant to Sections 1 0.8 and 1 0.9 of this
Attachment shall be sent to the following addresses:
To NCI:
Noel Communications
Attn: Steve Porter
901 E Pitcher Street
Yakima, WA 98901
[e-mail]
NCI lD Comp v4 02 22 12 66
a/(a+b)
NCI lD Comp v4 0222 12
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 NCI 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 BARyBACR 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. ln the event the errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data will be considered lost. ln the event of a loss of data, whether due to
uncorrectable errors or othenrise, 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.
1 0.1 3 Either Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A 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 shallcreate any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
1 0.1 5 MPB will apply for all traffic bearing the 500, 900, toll free service access code
(e.9. 800/8881877) (to the extent provided by an IXC)or any other non-
geographic NPA which may be designated for such traffic in the future.
1 0.1 6 ln the event NCI determines to offer Telephone Exchange Services in a LATA in
which Frontier operates an access Tandem Switch, Frontier shall permit and
enable NCI to subtend the Frontier access Tandem Switch(es) designated for the
Frontier End Offices in the area where there are located NCI Routing Point(s)
associated with the NPA NXX(s) to/from which the Switched Exchange Access
Services are homed.
'10.17 Except as othenltrise mutually agreed by the Parties, the MPB billing percentages
for each Routing PoinUFrontier Serving lnterconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
NCI Billing Percentage
67
11.
b/(a+b)
where:
and
Frontier Billing Percentage
a = the airline mileage between NCI Routing Point and the actual
point of interconnection for the MPB arrangement; and
b - the airline mileage between the Frontier Serving lnterconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
1 0.1 8 NCI 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 NCI's delivery of
notice to Frontier, Frontier and NCI shall confirm the Routing PoinUFrontier
Serving lnterconnection Wire Center combination and billing percentages.
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.9., 800/877I888X"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 NCI originating
"untranslated" 8YY traffic will be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When NCI delivers translated 8W calls to Frontier to be completed by
11.1.1 an IXC:
11.1.1.1 NCI will provide an appropriate EMI record to Frontier;
11.1.1.2 NCI will bill the IXC the NCI's applicable Switched
Exchange Access Tariff charges and the NCI's applicable
Tariff query charges; and
11.1.1.3 Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges.
11.1.2 Frontier:
11.1.2.1 NCI will provide an appropriate EMI record to Frontier; and
11.1.2.2 NCI will bill Frontier the NCI's Switched Exchange Access
Tariff charges and the NCI's applicable Tariff query charge.
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 NCI will provide an appropriate EMI record to Frontier and
the toll free service access code service provider;
11.1.3.2 NClwillbillthe tollfree service access code service
provider the NCI's applicable Switched Exchange Access
NCI lD Comp v4 02 22 12 68
Tariff charges and the NCI'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 8W calls, originated
by Frontie/s Customer or another LEC's Customer to NCI to be completed by
11.2.1 NCI:
11.2.2
11.2.1.1 Frontierwillprovide an appropriate EMI record to NCI;and
11.2.1.2 Frontier will bill NCI Frontie/s applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges.
a toll free service access code service provider in that LATA:
11.2.2.1 Frontier will provide an appropriate EMI record to NCI 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 NCI will bill the toll free service access code service
provider the NCI's applicable Switched Exchange Access
Tariff charges.
11.3 When NCI delivers untranslated 8YY calls to Frontier to be completed by
11.3.1 an IXC:
11.3.2
't1.3.3
11.3,1.1 Frontier will query the call and route the call to the
appropriate IXC;
11.3.1.2 Frontierwillprovide an appropriate EMI record to NCI;
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 NCI will bill the IXC NCI's applicable Switched Exchange
Access Tariff charges.
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 NCI;
11.3.2.3 NCI will bill Frontier the NCI's applicable Switched
Exchange Access Tariff charges.
a tollfree service access code service provider in that LATA:
NCI lD Comp v4 0222 12 69
12.
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 NCI and
the toll free service access code service provider;
11.3.3.3 Frontier will bill the toll free service access code service
provider Frontieds applicable Switched Exchange Access
Tariff and Frontier's applicable Tariff query charges; and
11.3.3.4 NClwillbillthe tollfree service access code service
provider the NCI's applicable Switched Exchange Access
Tariff charges.
11.4 Frontier will not direct untranslated toll free service access code calls to NCl.
Tandem Transit Traffic
12.1 As used in this Section, Tandem Transit Traffic is Telephone Exchange Service
traffic that originates on NCI'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 Carrie/'). 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 identiff as subtending that particular Frontier Tandem. Switched
Exchange Access Service traffic is not Tandem Transit Traffic.
12.2 Tandem Transit Traffic Service provides NCI with the transport of Tandem
Transit Traffic as provided below.
12.3 Tandem Transit Traffic may be routed over the lnterconnection Trunks described
in Sections 2 through 6 of this Attachment. NCI 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 NCI may use Tandem Transit Traffic Service only for traffic that originates on
NCI's network and only to send traffic to an Other Carrier with whom NCI 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 NCI and to bill NCl, and not to bill Frontier, for such traffic. NCI
agrees not to use Frontier's Tandem Transit Traffic Service to send traffic to an
Other Carrier with whom NCI does not have such a reciprocal traffic exchange
arrangement or to send traffic that does not originate on NCI's network.
12.5 NCI 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 NCI 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. lf Frontier is billed by
any Other Carrier for any traffic originated by NCl, Frontier may provide notice to
NCI of such billing. Upon receipt of such notice, NCI shall immediately stop
using Frontier's Tandem Transit Traffic Service to send any traffic to such Other
NCI lD Comp v4 0222 12 70
12.6
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 NCl. Such certification must be
signed by an authorized officer or agent of the Other Carrier and must be in a
form acceptable to Frontier.
lf NCI 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 DSI equivalent) to the subtending End
Office of a particular Other Carrier for any month (the 'Threshold Level"). NCI
shall use good faith efforts to establish direct interconnection with such Other
Canier and reduce such traffic volumes below the Threshold Level. lf Frontier
believes that NCI 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 lf NClfails 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 lf or when a third party carrier plans to subtend a NCI switch, then NCI 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, NCI shall offer to Frontier a service arrangement
equivalent to or the same as Tandem Transit Trafiic Service provided by Frontier
to NCI 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 NCI Central Office or its equivalent
("Reciprocal Tandem Transit Service"). NCI shall offer such Reciprocal Transit
Service arrangements under terms and conditions of an amendment to this
Agreement or a separate agreement no less favorable than those provided in this
Section.
12.9 Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal 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 othenruise 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 othenruise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
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.
Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, NCI shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
13.2
13.3
NCI lD Comp v4 02 22 12
14.
Frontier within the LATA and Tandem serving area. NCI 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 NCI will also designate a Routing Point for each assigned NXX code. NCI shall
designate one location for each Rate Center Area in which the NCI has
established NXX code(s) as the Routing Point for the NPA-N)fis 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 NCI will be routed in the
same manner as calls to NCI'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 NCI's choices regarding the size of the local calling area(s)
that NCI may establish for its Customers, which local calling areas may be larger
than, smaller than, or identical to Frontier's local calling areas.
Joint Network !mplementation and Grooming Process; Forecasting
14.1 Joint Network lmplementation and Grooming Process.
Upon request of either Party, the Parties shalljointly 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 lnterconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
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 lnterconnection 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 disasterrecoveryprovision escalations;
14.1.4 additional technically feasible Point(s) of lnterconnection 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.9., End
Office to End Office high usage trunks as good engineering practices
may dictate.
14.2 TrunkForecastingRequirements.
14.2.1 lnitialTrunk Forecast Reouirements. At least ninety (90) days before
initiating interconnection in a LATA, NCI shall provide Frontier a two
(2)-year traffic forecast that complies with the Frontier lnterconnection
Trunking Forecast Guide, as revised from time to time. This initial
traffic forecast will provide the amount of traffic to be delivered to and
NCI lD Comp v4 0222 12 72
15.
from Frontier over each of the lnterconnection Trunk groups in the
LATA over the next eight (8) quarters.
14.2.2 Onqoinq Trunk Forecast Reouirements. Where the Parties have
already established interconnection in a LATA, NCI shall provide a
new or revised traffic forecast that complies with the Frontier
lnterconnection Trunking Forecast Guide when NCI develops plans or
becomes aware of information that will materially affect the Parties'
interconnection in that LATA. lnstances that require a new or revised
forecast include, but are not limited to: (a) NCI plans to deploy a new
switch; (b) NCI plans to implement a new POI or network architecture;
(c) NCI plans to rearrange its network; (d) NCI plans to convert a One-
Way lnterconnection Trunk group to a Two-Way lnterconnection Trunk
group; (e) NCI plans to convert a Two-Way lnterconnection Trunk
group to a One-Way lnterconnection Trunk group; or (0 NCI expects a
significant change in interconnection traffic volume. ln addition, upon
request by either Party, the Parties shall meet to: (i) review traffic and
usage data on End Office and Tandem lnterconnection Trunk groups
and (ii) determine whether the Parties should establish new
lnterconnection Trunk groups, augment existing Interconnection Trunk
groups, or disconnect existing lnterconnection 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 NCI or Frontier.
Number Portability - Section 251(BX2)
15.1 Scope.
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 lndustry Numbering Council (lNC),
and adopted by the FCC. ln 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 Pafi 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 \Men 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 lnformation 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.
NCI lD Comp v4 02 22 '12 73
15.2.3
15.2.4
15.2.5
15.2.6
15.2.7
When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
When a Customer of Party A ports their telephone numbers to 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.
The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the lnitialAddress Message (lAM), according to
industry standards.
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.
All NXXs assigned to LNP capable switches are to be designated as
portable unless a N)fi(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
NCI lD Comp v4 02 22 '12
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 lf 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 FCC97-74, 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). ln 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 NCI shall submit orders to port numbers electronically using an LSR via the
Frontier web Graphical User lnterface ('GUl') or Electronic Data lnterface ("EDl")
pursuant to the instructions, business rules and guidelines set forth on the
Frontier website (formerly referred to as the Frontier wholesale website).
Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with NCI 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.
16.
NCI lD Comp v4 02 22 12 75
TRAFFIC EXCHANGE ATTACHMENT
2.
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 NPA/NXX 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 lnternet Traffic,
intraLATA Toll Traffic, and translated lntraLATA 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 lnterconnection Attachment, which
lnterconnection Attachment must be a part of the Agreement.
Arrangements With Third Party Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffic, Measured lnternet Traffic, IntraLATA Toll Traffic, and
translated lntraLATA toll free service access code traffic under this Aftachment,
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.9., arrangements that permit the subject traffic to be exchanged through the
Third Party Tandem Provider). ln addition, the Parties must also fulfill each of
the other requirements of this Attachment.
2.1.1 lf such arrangements between a Party and the Third Party Tandem
Provider are terminated (e.9., 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.
2.2
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 Pafi under this
Attachment.
Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, NCI 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,
NCI shall provide a new or revised traffic forecast when NCI develops
plans or becomes aware of information that will materially affect the
NCI lD Comp v4 0222 12 76
Parties' exchange of traffic through such Third Party Tandem Switch in
that LATA. lnstances that require a new or revised forecast include,
but are not limited to: (i) NCI plans to deploy a new switch; (ii) NCI
plans to implement interconnection in accordance with the
lnterconnection Attachment or a new network architecture; (iii) NCI
plans to rearrange its network; or (iv) NCI expects a significant change
in traffic volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not OinOing on NCI or Frontier.
2.3 Prior to exchanging traffic through a Third Party Tandem Switch, NCI 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 CallSecond) information.
2.4 lf and, when, the volume of traffic exchanged between a Frontier End Office and
NCI 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 lnterconnection
Attachment. ln 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. lnitiating Traffic Exchange Under This Attachment
3.1 lf NCI 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, NCI 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) NCI's
proposed traffic exchange activation date; (b) a forecast of NCI'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 trafflc 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.
NCI lD Comp v4 02 22 12
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
lnternet Traffic, intraLATA Toll Traffic, and lntraLATA 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. lf 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. ln 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.9.,
800/888/877) calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured lnternet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC lnternet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC lnternet
Order that traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to
originating traffic is Measured lnternet Traffic, and in accordance with the
process established by the FCC lnternet Order for rebutting such presumption
before the Commission).
Each Party reseryes 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.
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 lf and, to the extent that, a NCI Customer receives V/FX Traffic exchanged under
this Attachment, NCI 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 I-ATA 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 NCI Customers.
Reciprocal Gompensation Arrangements Pursuant to Section 251(bX5) of the Act
5.1 ReciprocalCompensation.
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 NCI shall pay Frontier) the End Office
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffic Frontier receives from NCI and NCI shall charge (and
4.2
4.3
4.4
5.
NCI lD Comp v4 02 22 12
Frontier shall pay NCI) the End Office Reciprocal Compensation rate set forth in
the Pricing Attachment for Reciprocal Compensation Traffic NCI 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)), lnformation Access, or exchange
services for Exchange Access or lnformation Access.
5.2.2 Reciprocal Compensation shall not apply to lnternet 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 0)fiX/1 01 )fiXX) 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 lnformation Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
5.2.8
5.2.9
Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(bxs) of the Act.
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 NCI
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, NCI shall pay Frontier's originating access charges for all V/FX
Traffic originated by a Frontier Customer, and NCI shall pay Frontier's
terminating access charges for all V/FX Traffic originated by a NCI
Customer.
6.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by NCI 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 NCl.
Other Types of Traffic
NCI lD Comp v4 02 22 12
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 lnternet Traffic shall be
governed by the terms of the FCC lnternet Order and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for lnternet Traffic that is in excess of the intercarrier
compensation for lnternet Traffic that such Party is required to pay under the
FCC lnternet Order and other applicable FCC orders and FCC Regulations.
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.
For any traffic originating with a third party carrier and delivered by NCI to
Frontier, NCI 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 NCl.
6.4 Notwithstanding any provision of this Agreement or otherwise, no lnterexchange
Carrier (lXC) 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 Pafi transporting and/or terminating the
traffic.
7. Toll Free Service Access Code (e.9., 800/888/877) Traffic
The following terms shall apply when either Party delivers lntraLATA toll free service
access code (e.9., 800/8771888) ('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 8W database.
7.1 When NCI delivers translated lntraLATA 8YY calls to Frontier for completion:
7.1.1 by Frontier:
7.1.1.1 NCI will provide an appropriate EMI record to Frontier; and
7.1.1.2 NCI will bill Frontier the NCI's Switched Exchange Access
Tariff charges and the NCI's applicable Tariff query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7 .1.2.1 NCI will provide an appropriate EMI record to Frontier and
the toll free service access code service provider; and
7 .1.2.2 NCI will bill the toll free service access code service
provider the NCI's applicable Switched Exchange Access
Tariff charges and the NCI'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.
7.2 When Frontier performs the query and delivers translated lntraLATA 8YY calls,
originated by Frontier's or another LEC's Customer for completion:
6.1
6.2
b.J
NCI lD Comp v4 02 22 12 80
7.2.1 by NCI:
7.2.1.1 Frontier will provide an appropriate EMI record to NCI; and
7.2.1.2 Frontier will bill NCI 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 NCI 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 NCI will bill the toll free service access code service
provider the NCI's applicable Switched Exchange Access
Tariff charges.
7.3 Frontier will not direct untranslated toll free service access code calls to NCl.
NCI will not direct untranslated toll free service access code calls to Frontier.
8. Number Resources, Rate Genter 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 lt 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 N)(X 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, NCI shall adopt the
Rate Center Area and Rate Center Points that the Commission has approved for
Frontier within the LATA and Tandem serving area. NCI shall assign whole
NPA-NXX codes to each Rate Center Area unless othenruise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing N)(Xs.
8.4 NCI will also designate a Routing Point for each assigned NXX code. NCI shall
designate one location for each Rate Center Area in which the NCI 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 NCI will be routed in the
same manner as calls to NCI'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
NCI lD Comp v4 02 22 12
9.
any way constrain NCI's choices regarding the size of the local calling area(s)
that NCI may establish for its Customers, which local calling areas may be larger
than, smaller than, or identical to Frontier's local calling areas.
Number Portability - Section 251(BX2)
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 lndustry Numbering Council (lNC),
and adopted by the FCC. ln 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 numbe(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.
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 numbe(s) from its Line lnformation 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.
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. Pafi B shall not reassign the reserved numbers to
another Customer.
When a Customer of Party A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, 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.
The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the InitialAddress Message (lAM).
9.2.2
9.2.3
9.2.4
9.2,5
NCI lD Comp v4 0222 12 82
9.2.6
9.2.7
9.2.8
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.
All N)fis assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherurise 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.
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 otherurise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Pafi 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.
Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a wriften 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 lf 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 FCC97-74, 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
9.4
NCI lD Comp v4 02 22 12 83
(LERG). ln 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 NCI shall submit orders to port numbers electronically using an LSR via the
Frontier web Graphical User lnterface ('GUl') or Electronic Data lnterface ("EDl")
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
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with NCI 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.
NCI lD Comp v4 02 22 12 84
1.
RESALE ATTACHMENT
General
Frontier shall provide to NCl, 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 NCI; provided, that notwithstanding any other
provision of this Agreement, Frontier shall be obligated to provide Telecommunications
Services to NCI only to the extent required by Applicable Law and may decline to provide
a Telecommunications Service to NCI to the extent that provision of such
Telecommunications Service is not required by Applicable Law.
Use of Frontier Telecommunications Services
2.1 Frontier Telecommunications Services may be purchased by NCI under this
Resale Attachment only for the purpose of resale by NCI as a
Telecommunications Carrier. Frontier Telecommunications Services to be
purchased by NCI for other purposes (including, but not limited to, NCI's own
use) must be purchased by NCI pursuant to other applicable Attachments to this
Agreement (if any), or separate written agreements, including, but not limited to,
applicable Frontier Tariffs.
2.2 NCI 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.
2.2.3
2.2.4
2.2.5
2.2.6
Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Frontier; or
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.
ln addition to any other actions tiaken by NCI to comply with this
Section 2.2, NCI shall take those actions required by Applicable Law
to determine the eligibility of NCI 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. NCI shall indemnify Frontier
from any Claims resulting from NCI's failure to take such actions
required by Applicable Law.
Frontier may perform audits to confirm NCI'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.
NCI lD Comp v4 Q2 22 12
3.
2.3 NCI 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 NCI 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 ln accordance with 47 CFR S 51.617(b), Frontier shall be entitled to all charges
for Frontier Exchange Access services used by interexchange carriers to provide
service to NCI Customers.
Availability of Frontier Telecommunications Services
3.1 Frontier will provide a Frontier Telecommunications Service to NCI 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 othenryise 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 NCl.
3.3 To the extent required by Applicable Law, the Frontier Telecommunications
Services to be provided to NCI for resale pursuant to this Attachment will include
a Frontier Telecommunications Service customer-specifi c contract service
arrangement ('CSA) (such as a customer specific pricing arrangement or
individualcase based pricing arrangement) that Frontier is providing to a Frontier
Customer at the time the CSA is requested by NCl.
Responsibility for Charges
4.1 NCI 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
NCl, NCI Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Frontier to NCI
pursuant to this Resale Attachment.
4.2 Upon request by NCl, Frontier will provide for use on resold Frontier retail
Telecommunications Service dialtone lines purchased by NCI such Frontier
retailTelecommunications Service callblocking 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. NCI 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 NCI's purchase
of such blocking or screening services, NCI's end user Customers or other
persons ordering, activating or using Telecommunications Services on the resold
4.
NCI lD Comp v4 0222 12 86
5.
dial tone lines may complete or accept calls which NCI intended to block.
Notwithstanding the foregoing, NCI 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 allfacilities, equipment, software, information, and wiring used to
provide Frontier Telecommunications Services.
5.1.2 Frontier shall have access at all reasonable times to NCI Customer
locations for the purpose of installing, inspecting, maintaining,
repairing, and removing, facilities, equipment, sofhruare, and wiring
used to provide the Frontier Telecommunications Services. NCI shall,
at NCI'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 NCI or
NCI 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 NCl, Frontier shall have the
right (but not the obligation) to identif,T 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 NCI to use Frontier's Marks.
5.2.2 To the extent required by Applicable Law, upon request by NCI and at
prices, terms and conditions to be negotiated by NCI and Frontier,
Frontier shall provide Frontier Telecommunications Services for resale
that are identified by NCI's trade name, or that are not identified by
trade name, trademark or service mark.
5.2.3 lf Frontier uses a third-party contractor to provide Frontier operator
services or Frontier directory assistance, NCI will be responsible for
entering into a direct contractual arrangement with the third-party
contractor at NCI's expense (a) to obtain identification of Frontier
operator services or Frontier directory assistance purchased by NCI
for resale with NCI's trade name, or (b) to obtain removal of Frontier
Marks from Frontier operator services or Frontier directory assistance
purchased by NClfor resale.
Rates and Gharges
The rates and charges for Frontier Telecomniunication Services purchased by NCI for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
6.
NCI lD Comp v4 Q222 12 87
Attachment.
7. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with NCI 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 Par$ may utilize the Agreement's dispute resolution
procedures.
NCI ID Comp v4 0222'12 88
1.General
1.1
NETWORK ELEMENTS ATTACH MENT
Frontier shall provide to NCl, 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 NCI
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 NCI to the extent that provision of such UNEs, Combinations, or
Commingling is not required by the Federal Unbundling Rules.
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.
NCI 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 NCl. Without limiting the foregoing, NCI 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 NCl, and NCI shall not
request from Frontier, access to a proprietary advanced intelligent
network service.
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 NCI
on an unbundled basis or in combination with other Network Elements.
lf as the result of NCI Customer actions (e.9., Customer Not Ready ('CNR")),
Frontier cannot complete requested work activity when a technician has been
dispatched to the NCI Customer premises, NCI 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).
1.2
1.3
1.4
1.5
NCI lD Comp v4 02 22 12 89
1.6 Absence or Cessation of Unbundlinq Obliqation and Related Provisions. The
following provisions shall apply notwithstanding any other provision of this
Agreement or any Frontier Tariff or SGAT:
1.6.1 DiscontinuedFacilities.
1.6.1.1 Frontier may cease offering or providing NCI 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 NCl. 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
NCI 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 NCl. ln 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 NCI is then
enrolled), a resale arrangement, or other analogous
arrangement that Frontier shall identify or has identified in
writing to NCl, 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 NCI is then
enrolled), a resale arrangement, or other analogous
arrangement that Frontier shall identify or has identified in
writing to NCI; provided, however, that Frontier may
NCI lD Comp v4 02 22 12 90
1.7
disconnect the subject Discontinued Facility (or the
replacement service to which the Discontinued Facility has
been converted) if NCI fails to pay when due any applicable
new rate or surcharge billed by Frontier.
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
NCI seeks to convert from another wholesale service to an unbundled
network element (collectively, "TRRO Certification Elements"), NCI
must undertake a reasonably diligent inquiry and, based on that
inquiry, certify that, to the best of its knowledge, NCI's request is
consistent with the requirements of the TRRO and that NCI is entitled
to unbundled access to the subject element pursuant to section
251(c)(3) of the Act. NCI shall provide such certification using the
automated method that Frontier makes available for that purpose.
NCI'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 NCI by notice and/or by
publication on Frontie/s wholesale website (the "Wire Center List")
and any back-up data that Frontier provides or has provided to NCI
under a non-disclosure agreement or that is otherwise available to
NCI.
Provisionthen-Dispute Requirements.
1.7.2.1 Upon receiving a request from NCI 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. lf
Frontier wishes to challenge NCI's right to obtain unbundled
access to the subject element pursuant to 47 U.S.C. $
251(cX3), 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 lf a dispute pursuant to section 1.7.2.1 above is resolved in
Frontier's favor, then NCI shall compensate Frontier for the
additional charges that would apply if NCI 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 UNE and access
tariff rates). The month-to-month rates shall apply until
such time as NCI requests disconnection of the subject
facility or an alternative term that Frontier offers under its
interstate special access tariff for the subject facility or
service.
1.7.2
NCI lD Comp v4 02 22 12
1.7.2.2.1 ln the case of Dark Fiber Transport (there being
no analogous service under Frontier's access
tariffs), the monthly recurring charges that
Frontier may charge, and that NCI 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 Frontie/s favor. ln any case
where NCl, 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, Frontier
shall continue to provide the Dark Fiber
Transport facility at the rates specified above,
but only for the duration of the standard interval
for installation of the "lit" service.
1.7.2.3 Notwithstanding any other provision of the Agreement,
Frontier may reject a NCI order for a TRRO Certification
Element without first seeking dispute resolution: (a) in any
case where NCI's order conflicts with a provision of a
Frontier Tariff, (b) in any case where NCI's order conflicts
with a non-impaired UNE Wire Center designation set forth
in a Wire Center List that Frontier has made available to
NCI by notice and/or by publication on Frontier's wholesale
website, (c) in any case where NCI's order conflicts with a
non-impaired UNE Wire Center designation that the
Commission or the FCC has ordered or approved or that
has othenrise been confirmed through previous dispute
resolution (regardless of whether NCI 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 Resoect to Reolacement Arranoements. 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. S 252(b). Any reference in this
Attachment to Frontier's provision of a arrangement, facility, service or the like
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. S 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.
NCI lD Comp v4 0222 12
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 NCI
access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
Line Splitting (also referred to as .Loop Sharing"), as set forth in Section 4 of this
Attachment;
2.3 [ntentionally Left Blank];
2.4 Sub-Loops, as set forth in Section 6 of this Attachment;
2.2
2.5
2.6
Sub-Loop for Multiunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
Dark Fiber Transport (sometimes referred to as'Dark Fiber lOF"), as set forth in
Section 8 of this Attachment;
Network lnterface Device, as set forth in Section 9 of this Attachment;2.7
2.8 [ntentionally Left Blank];
2.9 Dedicated Transport (may also be referred to as "lnteroffice Transmission
Facilities") (or "lOF"), as set forth in Section 11 of this Aftachment;
2.10 [ntentionally 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 NCI to access Loops unbundled from localswitching and localtransport, in
accordance with this Section 3 and the rates and charges provided in the Pricing
Attachment. Frontier shall allow NCI access to Loops in accordance with, but
only to extent required by, the Federal Unbundling Rules. Subject to the
foregoing and the provisions regarding FTTP Loops, in Section 3.5 below, and
Hybrid Loops, in Section 3.6 below, the available Loop types are as set forth
below:
3.1.1 "2 Wire Analog Voice Grade Loop" or "Analog 2W' provides an
effective 2-wire channel with 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals and loop-start signaling. This Loop type is more fully
described in Frontier Technical Reference (TR)-72565, as revised
from time-to-time. lf "Customer-Specified Signaling" is requested, the
Loop will operate with one of the following signaling types that may be
specified when the Loop is ordered: 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.
NCI lDCompv40222'12 93
3.1.2
3.1.3
3.1.4
3.1.5
"4-\Mre Analog Voice Grade Loop" or "Analog 4W' provides an
effective 4-wire channelwith 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type will operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no signaling.
This Loop type is more fully described in 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.
"2-Wire ISDN Digital Grade Loop" or'BRl ISDN" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digitalservices using the ISDN 2B1Q line code. This Loop
type is more fully described in American National Standards lnstitute
(ANSI) T1.601-1998 and Frontier TR72575, as revised from time{o-
time. ln 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 BellAtlantic Service Areas. ln the former
GTE Service Areas only, NCI 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.
"2-Wire ADSl-Compatible Loop" or'ADSL 2W' provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
digital signals up to 8 Mbps toward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in 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 BellAtlantic Service
Areas. ln the former GTE Service Areas only, NCI may order a 2-Wire
Digital Compatible Loop using 2-wire ADSL ordering codes to provide
similar capability.
'2-Wire HDSL-Compatible Loop" or'HDSL 2W'consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrier serving
area design criteria. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR72575,
as revised from time-to-time, must be met. 2-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. ln the
former GTE Service Areas only, NCI 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.
NCI lD Comp v4 02 22 12 94
3.1.6
3.1.7
3.1.8
3.1.9
"4-Wire HDSL-Compatible Loop" or .HDSL 4W' consists of two 2-wire
non-loaded, twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in Frontier TR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR72575,
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.
"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 intencied to be used with very-low band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the T1E1.4 loop spectrum management standard
F1El .412000-002R3) and are not compatible with 2Bl Q 1 60 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 Tl E1.4/2000-002R3, as revised from timeto-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. ln the former GTE Service Areas only, NCI 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.
"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 T1E1.4 loop spectrum management standard
(T1E1.412000-002R3). This Loop consists of a single 2-wire non-
loaded, twisted copper pair that meets Class 2 length limit in
T1E1.4|2OOO-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 Tl E1.4/2000-002R3, as revised from time-to-time. The
2-Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. ln the former GTE Service Areas only, NCI
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.
"4-Wre 56 kbps Loop" is a 4-wire Loop that provides a transmission
path that is suitable for the transport of digital data at a synchronous
rate of 56 kbps in opposite directions on such Loop simultaneously. A
4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no intermediate electronics or it consists of universal digital loop
carrier with 56 kbps DDS dataport transport capability. Frontier shall
provide 4-Wire 56 kbps Loops to NCI in accordance with, and subject
to, the technical specificaticns set forth in Frontier TR-72575, as
revised from time-to-time. Frontier will not build new facilities or
NCI lD Comp v4 02 22 12
modify existing facilities except to the extent required in Section 17 of
this Attachment.
3.1.10 "DSl 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 TR72575, as revised from time to time. The DS1
Loop includes the electronics necessary to provide the DSI
transmission rate. lf, at the requested installation date, the electronics
necessary to provide the DSI 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 modifi7 existing facilities except
to the extent required in Section 17 of this Attachment. lf the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DS1 Loop,
upon request by NCl, the DSI 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 DSI 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. lf, 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
Wpe 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 ln the former Bell Atlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific NCI requirements
for metallic loops over 18k ft. or for conditioning of ADSL, HDSL,
SDSL, IDSL, or BRI ISDN Loops. "Digital Designed Loops" may
include requests for:
3.1.12.1 a 2W Digital Designed Metallic Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
NCI lD Comp v4 0222 12 96
3.1.12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a '2W ADSL Compatible Loop");
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop");
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed 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 NCI at the rates
as set forth in the Pricing Attachment.
3.1.14 ln the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific NCI requirements for
metallic loops over 12k ft. or for conditioning of 2-wire or 4-wire digital
or BR! 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 DigitalCompatible 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").
3.1.15 Frontier shall make Conditioned Loops available to NCI 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:
NCI lD Comp v4 0222 12 97
3.2.1
3.2.2
3.2.3
3.2.4
NCI 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.
ln 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 NCI as the
process is completed in each Central Office. NCI must utilize this
mechanized loop qualification database, where available, in advance
of submitting a valid electronic transmiftal Service Order for an xDSL
Compatible or BRI ISDN Loop. Charges for mechanized loop
qualification information are set forth in the Pricing Attachment. ln
former GTE Service Areas, Frontier provides access to mechanized
xDSL loop qualification information to help identiff those loops that
meet applicable technical characteristics for compatibility with xDSL
Services that the CLEC may wish to offer to its end user Customers.
NCI 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 NCI 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. lnformation
provided by the mechanized loop qualification system also indicates
whether loop conditioning may be necessary. lt is the responsibility of
NCI to evaluate the loop qualification information provided by Frontier
and determine whether a loop meets NCI requirements for xDSL
Service, including determining whether conditioning should be
ordered, prior to submitting an Order.
lf the Loop is not listed in the mechanized database described in
Section 3.2.2 of this Attachment, NCI 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. ln 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 BellAtlantic Service Areas only.
lf a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.9., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), NCI 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.9., specific number and location of bridged taps, the specific
number of load coils, or the gauge of the cable).
NCI lD Comp v40222 12 98
3.2.5
3.2.6
3.2.7
3.2.8
Once a Loop has been pre-qualified, NCI 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 lf 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
applv.
3.2.5.2 lf 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 terminalfor a suitable spare
facility. lf 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 Aftachment.
lf NCI 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 NCI for qualification and will not accept such Service
Order until the Loop has been prequalified on a mechanized or manual
basis, lf NCI submits a Service Order for an xDSL Compatible or BRI
ISDN Loop that is, in fact, not compatible with the requested service
(e.9. ADSL, HDSL etc.) in its existing condition, Frontier will respond
back to NCI with a'Nonqualified" indicator and with information
showing whether the non-qualified result is due to the presence of load
coils, presence of digital loop carrier, or loop length (including bridged
tap).
Where NCI 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 NCI is already aware of the conditioning required (e.9.,
where NCI has previously requested a qualification and has obtained
loop characteristics), NCI may submit a Service Order for a Digital
Designed Loop. Frontier will undertake to condition or extend the
Loop in accordance with this Section 3.2 of this Attachment upon
receipt of NCI's valid, accurate and pre-qualified Service Order for a
Digital Designed Loop.
The Parties will make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. ln general, where
conditioning or loop extensions are requested by NCl, an interval of
eighteen (18) Business Days will be required by Frontier to complete
NCI lD Comp v4 O2 22 12 99
3.3
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
NCI'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 NCl.
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 lf NCI requires a change in scheduling, it must contact Frontier to
issue a supplement to the original Service Order. lf NCI cancels the
request for conditioning after a loop analysis has been completed but
prior to the commencement of construction work, NCI shall
compensate Frontier for an Engineering Work Order charge as set
forth in the Pricing Attachment. lf NCI cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, NCI 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,
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 NClTelephone Exchange Services provisioned over
Analog 2W Loops to be provided by Frontier to NCI:
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. lf NCI does not
request a coordinated cutover, Frontier will process NCI's
order as a new installation subject to applicable standard
provisioning intervals.
3.3.1.2 NCI 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 NCI 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. ln the event that Frontier's work force is not
NCI lD Comp v4 02 22 12 100
available, NCI and Frontier shall mutually agree on a New
Conversion Time, as defined below. NCI shalldesignate
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 Frontieds receipt of such
valid LSR, or as otherwise required by the Federal
Unbundling Rules, Frontier shall provide NCI the scheduled
due date for conversion of the Analog 2W Loops covered by
such LSR.
3.3.1.3 NCI shall provide dial tone at the NCI 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) hciurs, unless otherwise agreed to by the
Parties.
3.3.1.5 lf 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 lf Frontier requests to reschedule outside of the
one ('t) 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 NCI; and
3.3.1.5.2 lf NCI requests to reschedule outside the one (1)
hour time frame above, NCI shall be charged an
additionalAnalog 2W Loops Service Order
Charge for rescheduling the conversion to the
New Conversion Time.
3.3.1.6 lf NCI is not ready to accept service at the Scheduled
Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply.
lf 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 NCI will reschedule and, upon request from
NCl, 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
NCI lD Comp v4 0222'12 10'l
Analog 2W Loops to NCI 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 lf NCI requires Analog 2W Loop conversions outside of the
regularly scheduled Frontier RCCC operating hours, such
conversions shall be separately negotiated. Additional
charges (e.9. overtime labor charges) may apply for desired
dates and times outside of regularly scheduled RCCC
operating hours.
3.4 fintentionally Left Blank].
3.5 FTTP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, NCI 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.
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 NCI'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 NCI 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.
3.5.2
3.6 Hybrid Loops.
3.6.1 Packet Switched Features. Functions. and Caoabilities.
Notwithstanding any other provision of this Agreement or any Frontier
Tariff or SGAT, NCI shall not be entitled to obtain access to the Packet
Switched features, functions, or capabilities of any Hybrid Loop on an
unbundled basis.
Broadband Services. Subject to the conditions set forth in Section 1 of
this Attachment, when NCI 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 NCI 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
3.6.2
NCI lD Comp v4 0222 12 102
3.6.3
3.6.4
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.
Narrowband Services. Subject to the conditions set forth in Section 1
of this Attachment, when NCI 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.
IDLC Hvbrid Looos and Loops Provisioned via Looo Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
NCI requests, in order to provide narrowband services, unbundling of
a 2 wire analog or 4 wire analog Loop currently provisioned via
lntegrated 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 NCI 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 NCI 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. ln addition, a non-
recurring charge will apply whenever a line and station
transfer is performed.
3.6.4.2 lf neither a copper Loop nor a Loop served by UDLC is, available, Frontier shall, upon request of NCl, 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. ln
addition to the rates and charges payable in connection with
any unbundled Loop so provisioned by Frontier, NCI 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 NCI's submission of a firm construction order, an
engineering work order nonrecurring charge; and (c)
construction charges, as set forth in the price quote. lf the
order is cancelled by NCI after construction work has
started, NCI shall be responsible for cancellation charges
NCI lD Comp v4 02 22 '12 103
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
I";:["^r#d remedies, if any, contained in the Agreement
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, NCI 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.
Any Line Splitting between NCI and another CLEC shall be accomplished by
prior negotiated arrangement between NCI and the other CLEC. NCI 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 NCl. 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
offlce wiring, loop qualification charges, and OSS charges.
ln order to facilitate NCI's engaging in Line Splitting pursuant to this Section 4,
NCI 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 NCI by Frontier
under the other sections of this Agreement. Such Network Elements,
Combinations, Collocation arrangements, services, facilities, equipment and
arrangements, will be provided to NCI 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.
NCI and/or the other participating CLEC shall provide any splitters and/or Digital
Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.3
4.4
4.5
NCI lD Comp v4 02 22 12 104
5.
6.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Frontier Product lnterval 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 NCI's or the other CLEC's respective
voice or data services over a Line Splitting arrangement.
[his Section lntentionally Left Blank]
Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
NCl, Frontier shall allow NCI 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 NCI 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-Looo Ananqement- Distribution (USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by NCl, Frontier shall provide NClwith 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 NCI
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 NCI may request that Frontier reactivate (if available) an unused drop
and NID or provide NCI with access to a drop and NID that, at the time
of NCI's request, Frontier is using to provide service to the Customer
(as such term is hereinafter defined).
Upon site-specific request, NCI 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
charges provided for in the Pricing Attachment. lt 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. NCI 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 NCI 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 NCI at such terminal.
lf NCI obtains access to a Sub-Loop Distribution Facility from a
TOPIC, NCI shall install a TOPIC on an easement or Right of Way
6.1.2
NCI lD Comp v4 02 22 12 105
6.1.3
6.1.4
6.1.5
6.1.6
obtained by NCI 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 NCI 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 NCI for any of NCI's
electronics in the TOPIC. NCI 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.
NCI may request from Frontier by submifting a loop make-up
engineering query to Frontier, and Frontier shall provide to NCl, 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.
To order access to a Sub-Loop Diskibution Facility from a TOPIC, NCI
must first request that Frontier connect the Frontier FDI to which the
Sub-Loop Distribution Facility is connected to a NCI TOPIC. To make
such a request, NCI must submit to Frontier an application (a "Sub-
Loop Distribution Facility lnterconnection Applicqtion") that identifies
the FDI at which NCI wishes to access the Sub-Loop Distribution
Facility. A Sub-Loop Distribution Facility lnterconnection 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 lnterconnection Application shall also include
a five-year forecast of NCI's demand for access to Sub-Loop
Distribution Facilities at the requested FDl. NCI 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 lnterconnection
Application. NCI must submit Sub-Loop lnterconnection Applications
to:
NCI's Account Manager
Within sixty (60) days after it receives a complete Sub-Loop
Distribution Facility lnterconnection Application for access to a Sub-
Loop Distribution Facility and the Sub-Loop Distribution Facility
Application Fee for such application, Frontler shall provide to NCI 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 lnterconnection Cost Statement").
NCI shall pay to Frontier fifty percent (50%) of the cost set forth in a
Sub-Loop Distribution Facili$ lnterconnection Cost Statement within
sixty (60) days of NCI'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
NCI lD Comp v4 O2 22 12
6.1.7
Frontier has received such payment. A Sub-Loop Distribution Facility
lnterconnection Application shall be deemed to have been withdrawn if
NCI breaches its payment obligation under this Section. Upon Frontier
's completion of the work that Frontier must perform to provide NCI
with access to a Sub-Loop Distribution Facility, Frontier shall bill NCl,
and NCI shall pay to Frontier, the balance of the cost set forth in the
Sub-Loop Distribution Facility lnterconnection Cost Statement for such
access.
After Frontier has completed the installation of the interconnecting
cable to a NCI TOPIC and NCI has paid the full cost of such
installation, NCI can request the connection of Frontier Sub-Loop
Distribution Facilities to the NCI TOPIC. At the same time, NCI shall
advise Frontier of the services that NCI plans to provide over the Sub-
Loop Distribution Facility, rcquest any conditioning of the Sub-Loop
Distribution Facility and assign the pairs in the interconnecting cable.
NCI shall run any crosswires within the TOPIC.
lf NCI requests that Frontier reactivate an unused drop and NlD, then
NCI shall provide dial tone (or its DSL equivalent) on the NCI 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
6.1.8
Distribution Facility to the NCI dial tone or equivalent from the TOPIC.
lf NCI requests that Frontier provide NCI with access to a Sub-Loop
Distribution Facility that, at the time of NCI's request, Frontier is using
to provide service to a Customer, then, after NCI has looped two
interconnecting pairs through the TOPIC and at least twenty tour (24)
hours before the due date, a Frontier technician shall crosswire the
dial tone ftom 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, NCI shalldisconnect Frontier's dialtone, crosswire its dial
tone to the Sub-Loop Distribution Facility and submit NCI'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
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 NCI 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 NCI and subject to the time and material rates set forth
in Pricing Attachment and the rates, terms and conditions of Frontier's
applicable Tariffs. NCI accepts responsibility for initial trouble isolation
for Sub-Loop Distribution Facilities and providing Frontier with
appropriate dispatch information based on its test results. lf (a) NCI
reports to Frontier a Customer trouble, (b) NCI 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, NCI shall pay Frontier the charges set forth in the
NCI lD Comp v4 02 22 12
-l
7.
8.
Pricing Attachment and Frontier's applicable Tariffs for time associated
with said dispatch. ln addition, these charges also apply when the
Customer contact as designated by NCI is not available at the
appointed time. lf as the result of NCI 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
NCI by Frontier. lf as the result of NCI 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
NCI by Frontier.
6.2 flntentionally Left Blankl.
6.3 Collocation in Remote Terminals.
To the extent required by Applicable Law, Frontier shall allow NCI 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.
Sub-Loop for Multiunit Tenant Premises Access
Intentionally Left Blank].
Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber Loops
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by NCl, Frontier shall provide NCI 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 he required to provide, and NCI 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 NCI with unbundled access to NCI'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 provide, and NCI 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 't7 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.9., 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.
ln addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Transport:
8.2.1 [ntentionally Left Blank].
8.1
8.2
NCI lD Comp v4 02 22 12
8.2.2
8.2.3
8.2.4
8.2.5
NCI may access Dark Fiber Transport only at a pre-existing Frontier
accessible terminal of such Dark Fiber Transport, and NCI 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 NCI unless such Dark Transport is already terminated on an
existing Frontier accessible terminal. Unused flbers located in a cable
vault or a controlled environment vault, manhole or other location
outside the Frontier UNE Wire Center, and not terminated to a fiber
patch panel, are not available to NCl.
Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Frontier will not perform splicing (e.9., introduce
additional splice points or open existing splice points or cases) to
accommodate NCI's request.
Frontier shall perform all work necessary to install a cross connect or a
fiber jumper from a Frontier accessible terminal to a NCI collocation
arrangement.
A "Dark Fiber lnquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of NCI's completed Dark Fiber lnquiry 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 NCI's Dark Fiber lnquiry 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
lnquiry 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.
ln cases where Frontier provides Dark Fiber Transport via an indirect
route as described in this section, NCI 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 route. ln
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 NCl. 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 NCl. lf access to Dark Fiber Transport is not
available, Frontier will notiff NCl, 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.
NCI lD Comp v4 02 22 12 109
8.2.5.1 NCI shall indicate on the Dark Fiber lnquiry 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 NCI as indicated on the Dark Fiber
lnquiry Form, Frontier shall hold such requested Dark Fiber
Transport for NCI's use for ten (10) Business Days from
NCI'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 NCI 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 NCI does not have additional requirements for
collocation. The parallel provisioning process shall be used
when NCI requires new collocation facilities or changes to
existing collocation arrangements.
8.2.5.4 lf no order is received from NCI for the reserved Dark Fiber
Transport within ten (10) Business Days from NCI's receipt
of Acknowledgement, Frontier shall return to spare the
reserved Dark Fiber Transport that Frontier previously
notified NCI are available. Should NCI submit an order to
Frontier after the ten (10) Business Day reservation period
for access to Dark Fiber Transport that Frontier has
previously notified NClwas available, NCI assumes all risk
that such Dark Fiber Transport will no longer be available.
8.2.5.5 Upon NCI's request, the Parties will conduct parallel
provisioning of collocation and Dark Fiber Transport in
accordance with the following terms and conditions:
8.2.5.5.1 NClwill 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 NCI's requests for
collocation, including augments, and Dark Fiber
Transport.
8.2.5.5.3 Before NCI submits a request for parallel
provisioning of collocation and Dark Fiber
Transport, NClwill:
8.2.5.5.3.1 submit a Dark Fiber lnquiry 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
NCI's collocation application has
110NCI lD Comp v4 02 22 12
8.2.6
8.2.7
8.2.8
been accepted.
8.2.5.5.4 NCI 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 lf Frontier rejects NCI's Dark Fiber Transport
request, NCI may cancel its collocation
application within five (5) Business Days of such
rejection and receive a refund of the collocation
application fee paid by NCl, less the costs
Frontier incurred to date.
8.2.5.5.6 lf Frontier accepts NCI'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 NCI
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
NCI collocation application, NCI 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 NCI's collocation arrangement in
such Frontier Central Office(s). NCI will prepare
such request(s) in the manner and form
specified by Frontier.
8.2.5.5.8 lf NCI cancels its collocation application, NCI
must also submit a cancellation for the
unbundled Dark Fiber Transport provisioned to
the temporary location in the Frontier Central
Office(s).
NCI shall order Dark Fiber Transport by sending to Frontier a separate
ASR for each A to Z route.
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. ln circumstances where a collocation arrangement
cannot be accomplished in a Frontier premises, the Parties agree to
negotiate for possible alternative arrangements.
Except as provided in Section 17 below, Dark Fiber Transport will be
offered to NCI in the condition that it is available in Frontie/s network
at the time that NCI submits its request (i.e., "as is"). ln addition,
Frontier shall not be required to convert lit fiber to Dark Fiber Transport
for NCI's use.
NCI lD Comp v4 02 22 12 1',!'l
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 NCI as Dark Fiber Transport.
8.2.10 Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Frontie/s lit fiber optic systems will not
be offered to NCI as Dark Fiber Transport.
8.2.11 NCI shall be responsible for providing all transmission, terminating and
lightwave repeater equipment necessary to light and use Dark Fiber
Transport.
8.2.12 NCI 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 NCI for use for
Special or Switched Exchange Access Services, NCI shall not use
Dark Fiber Transport, for Special or Switched Exchange Access
Services.
8.2.14 ln order to preserve the efficiency of its network, Frontier may, upon a
showing of need to the Commission, limit NCI to leasing up to a
maximum of twenty-five percent (25%) of the Dark Fiber Transport in
any given segment of Frontier's network. ln addition, 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 NCI upon a showing
of need to the Commission and twelve (12) months'
advance written notice to NCI; and
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 NCI 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 NCl, or impair Frontier's ability to meet a legal
obligation.
Except as expressly set forth in this Agreement, NCI may not reserve
Dark Fiber Transport.
NCI shall be solely responsible for: (a) determining whether or not the
transmission characteristics of the Dark Fiber Transport accommodate
the requirements of NCI; (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, NCI's collocation arrangements with any proper
optical cross connects or other equipment that NCI needs to access
Dark Fiber Transport before it submits an order for such access. NCI
hereby represents and warrants that it shall have all such rights of
8.2.15
8.2.16
NCI lD Comp v4 0222 12 112
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 NCI places an order for the applicable Dark Fiber
Transport, and that it shall maintain the same going forward.
8.2.17 NCI 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 flntentionally Left Blankl.
8.2.19 NCI 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 flntentionally 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. lf a field survey shows that
Dark Fiber Transport is available, NCI may reserve the Dark
Fiber Transport, as applicable, for ten (10) Business Days
from receipt of Frontier's field survey results, lf NCI 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 NCI assumes all risk that the Dark Fiber
Transport will not be available. Frontier shall perform a field
survey subject to a negotiated interval. lf a NCI submits an
order for Dark Fiber Transport without first obtaining the
results of a field survey of such Dark Fiber Transport, NCI
assumes all risk that the Dark Fiber Transport will not be
compatible with NCI'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 NCI may not obtain, unbundled access to any Dark Fiber Loop;
provided, however, that if NCI leased a Dark Fiber Loop from Frontier as of
March 11, 2005, NCI 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 NCI 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 lnterface Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by NCl, Frontier shall permit NCI to connect a NCI Loop to the lnside
9.
NCI lD Comp v4 02 22 12 't 13
9.2
9.3
9.4
9.5
9.6
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 NCI with access to NlDs in accordance with, but only to the
extent required by, the Federal Unbundling Rules. NCI 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 NCI NID deployed by NCI or, if an
entrance module is available in the Frontier NlD, by connecting a NCI Loop to the
Frontier NlD. When necessary, Frontier will rearrange its facilities to provide
access to an existing Customer's lnside \Mre. An entrance module is available
only if facilities are not connected to it.
ln no case shall NCI access, remove, disconnect or in any other way rearrange
Frontier's Loop facilities from Frontier's NlDs, enclosures, or protectors.
ln no case shall NCI access, remove, disconnect or in any other way rearrange,
a Customer's lnside Wiring from Frontier's NlDs, enclosures, or protectors where
such Customer lnside Wiring is used in the provision of ongoing
Telecommunications Service to that Customer.
ln no case shall NCI remove or disconnect ground wires from Frontier's NlDs,
enclosures, or protectors.
ln no case shall NCI remove or disconnect NID modules, protectors, or terminals
from Frontier's NID enclosures.
Maintenance and control of premises lnside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customer's
lnside Wiring must be resolved by the person who controls use of the wiring
(e.9., the Customer).
When NCI is connecting a NC|-provided Loop to the lnside Wiring of a
Customer's premises through the Customer's side of the Frontier NlD, NCI does
not need to submit a request to Frontier and Frontier shall not charge NCI for
access to the Frontier NlD. ln such instances, NCI shall comply with the
provisions of Sections 9.2 through 9.7 of this Attachment and shall access the
Customer's lnside \Mre in the manner set forth in Section 9.8 of this Attachment.
Due to the wide variety of NlDs utilized by Frontier (based on Customer size and
environmental considerations), NCI may access the Customer's lnside Wiring,
acting as the agent of the Customer by any of the following means:
9.8.1 Where an adequate length of lnside Wiring is present and
environmental conditions permit, NCI may remove the lnside Wiring
from the Customer's side of the Frontier NID and connect that lnside
Wiring to NCI's NlD.
9.8.2 Where an adequate length of lnside Wiring is not present or
environmental conditions do not permit, NCI may enter the Customer
side of the Frontier NID enclosure for the purpose of removing the
lnside 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 lnside Wiring within the space of the
Customer side of the Frontier NlD. 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.
9.7
9.8
NCI lD Comp v4 02 22 '12 114
10.
11.
9.8.3 NCI may request Frontier to make other rearrangements to the lnside
Wiring terminations or terminal enclosure on a time and materials cost
basis to be charged to the requesting party (i.e. NCl, its agent, the
building owner or the Custome|. lf NCI accesses the Customer's
lnside Wiring as described in this Section 9.8.3, time and materials
charges will be billed to the requesting party (i.e. NCl, its agent, the
building owner or the Customer).
[his Section lntentionally Left Blank]
Dedicated Transport
11 .1 Subject to the conditions set forth in Section 1 of this Attachment, where facilities
are available, at NCI's request, Frontier shall provide NCI with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Frontier shall provide NCI 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 NCI 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 lf and, to the extent that, NCI has purchased (or purchases) transport from
Frontier under a Frontier Tariff or othenarise, and NCI has a right under the
Federal Unbundling Rules to convert (and wishes to convert) such transport to
unbundled Dedicated Transport under this Agreement, it shall give 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. ln the case of any such
conversion, NCI shall pay any and all conversion charges (e.9., 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. lf 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.
[his Section lntentionally Left Blank]
Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Aftachment, Frontier shall provide NCI with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billing. Frontier shall provide NCI with such access in accordance with,
but only to the extent required by, the Federal Unbundling Rules. All such transactions
shall be submitted by NCI through such electronic interfaces.
Availability of Other Network Elements on an Unbundled Basis
14.1 Any request by NCI 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. NCI shall provide Frontier
12.
13.
14.
NCI lD Comp v4 02 22 12
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 Parly 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.',|
14.3.2
14.3.3
14.3.4
14.3.5
14.3.6
14.3.7
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)
fl 259 and n.603 or subsequent orders.
A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
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.
lf 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.
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.
NCI lD Comp v4 02 22 12 1't6
15.
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 lf 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.
Maintenance of Network Elements
lf (a) NCI reports to Frontier a Customer trouble, (b) NCI 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 NCI shall pay Frontier a charge set forth in the Pricing
Attachment for time associated with said dispatch. ln addition, this charge also applies
when the Customer contact as designated by NCI is not available at the appointed time.
NCI accepts responsibility for initial trouble isolation and providing Frontier with
appropriate dispatch information based on its test results. lf, as the result of NCI
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 NCI by Frontier. lf as the result of NCI 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 NCI by
Frontier. Frontier agrees to respond to NCI trouble reports on a non-discriminatory basis
consistent with the manner in which it provides service to its own retail Customers or to
any other similarly situated Telecommunications Carrier.
Combinations, Gommingling, 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 NCl, 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. ln addition, if any
commingling requested by NCI requires Frontier to perform physical
work that Frontier is required to perform under the Federal Unbundling
Rules, then Frontie/s standard charges for such work shall apply or, in
the absence of a standard charge, a fee calculated using Frontier's
standard time and materials rates shall apply untilsuch time as a
16.
NCI lD Comp v4 02 22 12 117
16.1.2
16.1.3
standard charge is established pursuant to the terms set forth in the
Pricing Attachment,
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.
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 NCI under the
Agreement and the Federal Unbundling Rules. Nothing contained in
Section 16.'t 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
DSI or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
16.2.1.2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3 access
services;
16.2.1.3 unbundled DS1 Dedicated Transport commingled with DS1
channel termination access service;
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1
channel termination access service; or
16.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3
channel termination service,
(individually and collectively "High Capacity EELs") except to the extent
Frontier is required by the Federal Unbundling Rules to do so, and then
not unless and until NCl, 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. S 51.318. NCI must remain in
compliance with said service eligibility criteria for so long as NCI
continues to receive the aforementioned combined or commingled
facilities and/or services from Frontier and NCI 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 DSI circuit or DS1 equivalent circuit of a High Capacity
EEL. lf any combined or commingled DS1 circuit or DS1 equivalent
NCI lD Comp v4 02 22 12
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, NCl, 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 DSI equivalent circuit satisfies the service eligibility
criteria on a circuit-by+ircuit basis as set forth in 47 C.F.R. S 51.318.
Any existing High Capacity EEL circuits that NCI leased from Frontier as
of the Effective Date of this Agreement that NCI 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 NCI 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 Frontier's sole discretion, by
application of a surcharge to an existing rate) to be equivalent to an
analogous access service or other analogous arrangement that
Frontier shall identifu in a written notice to NCl.
16.2.3 Each certification to be provided by NCI pursuant to Section 16.2.1
above must contain the following information for each DSI circuit or
DSI equivalent: (a) the local number assigned to each DSI circuit or
DS1 equivalent; (b) the localnumbers assigned to each DS3 circuit
(must have 28 local numbers assigned to it); (c) the date each circuit
was established in the 911/E-911 database; (d) the collocation
termination connecting facility assignment for each circuit, showing
that the collocation arrangement was established pursuantto 47
U.S.C. $ 251(c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DSI 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 flelds 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 lD) from access to UNE or UNE to access. lf
such change in circuit lD requires that the affected circuit(s) be
NCI lD Comp v4 0222 12 119
17.
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 NCI'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 lnstitute 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 NCI failed to comply
with the service eligibility criteria, then (without limiting Frontier's rights under
Section 16.2.2 above) NCI 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 NCI's compliance
with the service eligibility criteria, then NCI shall provide to the independent
auditor for its veriflcation a statement of NCI'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 NCI submits such costs to the auditor, reimburse NCI
for its out-of-pocket costs verified by the auditor. NCI 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
Routine Network Modifications
17.1 General Conditions. ln 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 NCI to the Loop, Dedicated Transport, or Dark Fiber
Transport facilities available under the Agreement (including DSI
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 NCI 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
NCI lD Comp v4 02 22 12 120
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 othenrise 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 othenrise, to
cease providing a Discontinued Facility.
Rates and Charges
The rates and charges for UNEs, Gombinations, Commingling, routine network
modifications, and other services, facilities and arrangements, offered under this
Attachment shall be as provided in this Attachment and the Pricing Attachment.
Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with NCI 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 Par$ may utilize the Agreement's dispute resolution
procedures.
18.
19.
NCI lD Comp v4 0222'12 121
COLLOCAT]ON ATTACHMENT
Frontier's Provision of Collocation
Frontier shall provide to NCl, in accordance with this Agreement, Frontier's applicable
federal and state Tariffs and the requirements of Applicable Law, Collocation for the
purpose of facilitating NCI's interconnection with Frontier under 47 U.S.C. S 251(cX2) 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 NCI only to the extent required by Applicable Law and may decline to
provide Collocation to NCI 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 NCI to obtain unbundled
access to any network element: (a) that Frontier is not required to unbundle under 47
U.S.C. S 251(cX3) 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 ldaho 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 ldaho. At such time as tha 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 NCI 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 NCl. 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 \A/ire 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. ln such event, Frontier shall
provide adjacent Collocation or other methods of Collocation, subject to space availability
and technical feasibility. ln 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 Tvpes of Collocation.
1.1.1 Sinole Caqed. 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.
NCI lD Comp v4 02 22 12 't22
1.1.2
1.1.3
Shared Caqed. 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 othe(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to 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 HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC will be responsible for ordering their own
unbundled network elements from Frontier. Frontier will separately bill
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s)are Frontier's customers and have allthe rights and
obligations applicable hereunder to CLECs purchasing Collocation-
related services, including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment will apply to shared
caged Collocation requirements.
Subleased Caqed. 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.
NCI lD Comp v4 02 22 12 123
1.2
1.1.4
1.1.5
1.1.6
1.1.7
Orderinq.
1.2.1
Caqeless. 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,
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.
NCI 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. NCI 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 NCI 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 NCI in the same non-discriminatory
manner as it provides itself for its own remote equipment buildings
(REBs).
Virtual. Under virtual Collocation, Frontier installs and maintains NCI
provided equipment which is dedicated to the exclusive use of the NCI
in a Collocation arrangement. Additionaldetails on virtual Collocation
are set forth in Section 1.9.
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
NCI 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.
Aoolication.
1.2.1.1 Point of Contact. NCI 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/FAXEMAI L I NFORMATI ON
NCI lD Comp v4 0222 12 124
1.2.2
1.2.3
1.2.4
NCI lD Comp v4 0222 12
HERE***. Additional information and requirements
regarding Collocation may be obtained from Frontier's
public website ***FRONTIER'S WEBSITE HERE***.
1.2.1.2 Aoolication Form/Fee. NCI 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 NCI to provide all
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. NCI 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 ('lCB) associated with complying with
the requirements. Any such charges shall be noticed to
NCI.
Frontier will process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Frontier's receipt of
a completed application form and the non-refundable
engineering fee.
Space Availability. Subject to forecasting requirements, Frontier will
inform NCI whether space is available to accommodate NCI'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 NCI within twenty (20) Business Days. At the end of
this period, Frontier will proceed as described in 1.2.2.1or
1.2.2.2 above.
Collocation Schedule. lf space is available, Frontier will provide to NCI
a Collocation schedule describing Frontier's ability to meet the physical
Collocation request within eight (8) Business Days after receipt of a
completed application. NCI 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.
lf the application is deficient, Frontier will specify in writing, within eight
(8) Business Days, the information that must be provided by NCI in
order to complete the application. lf NCI resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, NCI shall retain its
position within the Collocation application queue.
!ntentionally Left Blankl.
125
1.2.5 Auomentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to NCI 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 NCI 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 NCI 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 DS0, 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 NCI 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 NCl, that do not require
Frontier to provide a service or function on behalf of NCl,
including but not limited to, requests to install additional
equipment in NCI Collocation space. Prior to the installation
of the additional equipment, NCI agrees to provide Frontier
an application form with an updated equipment listing that
includes the new equipment to be installed in NCI's
Collocation arrangement. Once the equipment list is
submitted to Frontier, NCI may proceed with the augment.
NCI agrees that changes in equipment provided by NCI
under this provision will not exceed the engineering
specifications for power and HVAC as requested on original
application. All augments will be subject to Frontier
inspection, in accordance with term of this contract for the
purpose of ensuring compliance with Frontier safety
standards.
NCI lD Comp v4 0222'12 126
1.3
1.2.6 Expansion. Frontier will not be required to construct additional space
to provide for NCI Collocation when available space has been
exhausted. Where NCI 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 NCI to expand its existing Collocation space. NCI 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.
Relocation. NCI 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. NCI will be responsible for
all costs associated with the relocation of its equipment.
1.2.7
lnstallation and Ooeration.
1.3.1 Joint Planninq and lmplementation Levels for Phvsical Collocation.
Frontier and NCI 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 NCI requirements may extend the interval by
fifteen (15) Business Days, resulting in a ninety-one (91)-Business
Day interval.
1.3.1.1 The interval for Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1.3.1.4 as well as the conditions for forecasting and
capacity, is forty-five (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.1.1.1 800 2 wire voice grade terminations, or
1.3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600 line sharing/line splitting facilities, where line
sharing/splitting already exists within the central
office and where NCI 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 12fiber terminations, or
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
NCI lD Comp v4 02 22 12 127
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 DSI
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. NCI 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 NCI 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 NCI 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 NCI jointly
decide otherwise:
'1.3.1.3.1 Day 1-NCl submits completed application and
associated fee.
1.3.1.3.2 Day 8-Frontier notifies NCI that request can be
accommodated and advises of due date.
1.3.1.3.3 Day 17-NClnotifies Frontierof its intentto
proceed and submits 50% payment.
1.3.1.3.4 Day 30-Material ships and is received at
vendor warehouse; NCI provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where NCI 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 NCI attend Collocation
acceptance meeting and Frontier turns over the
Collocation arrangement to NCl. Day 76 also
applies to completion of other augments not
defined herein.
1.3.1.4 The forty-five (45) Business Day interval is subject to the
following requirements:
1.3.1.4.1 lnfrastructure to support the requested augment
must be in place (e.9., cable racking from
common area to distributing frames, relay racks
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
NCI lD Comp v4 02 22 12
1.3.2
existing Battery Distribution Fuse Boards
(BDFBS).
1.3.1.4.2 The NCI 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. NCI 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 NCI misses
(day for day). When Frontier becomes aware of the
possibility of vendor delays, Frontier will first contact NCI to
attempt to negotiate a new interval. lf Frontier and NCI
cannot agree, the dispute will be submitted to the
Commission for prompt resolution. Frontier and NCI 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 NCI to schedule one escorted
visit to NCI's Collocation space during construction. The
applicable labor rates in the Pricing Attachment will be
applied for the escorted visit. ln the case of extended
intervals resulting ftom within Frontie/s control or resulting from
vendor delays, and provided the necessary security is in place,
Frontierwill permit NCI access to the Collocation anangement
to install equipment while he delayed wo* is completed, so
long as it is safe to do so and NCI's work does not impair or
interfere with Frontier in mmpleting Frontie/s work. Prior to
NCI beginning the installation of its equipment, NCI must sign a
conditional acceptance of the Collocation anangement. lf NCI
elects to accept he space prior to the scheduled completion,
occupancy fees shall commence upon signing a conditional
acceptance of the space by NCl.
1.3.1.6 lntervalsfornon-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by NCI 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
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
NCI of the time estimates as soon as possible.
Forecastino and Use of Data.
1.3.2.1 Frontier will request forecasts from NCI on a semi-annual
basis, with each forecast covering a two-year period. NCI
NCI lD Comp v4 02 22 12 129
1.3.3
will be required to update the near-term (6-month)
forecasted application dates. lnformation reguested 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 NCI is eligible for line sharing/line splitting. For
augments, NCI may elect to substitute alternative CLLI
codes within a LATA for the forecasted demand.
lf 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 NCI to
determine the required space to be conditioned. lf Frontier
commits to condition space based on forecasts and if NCI is
assigned space, NCI will give Frontier a non-refundable deposit
equalto he application fee. Frontierwill perform initial reviews
of requested central offices forecasted for the next six months
to identify potential problem sites. Frontierwill consider
forecasts in staffing decisions. Frontier will enter into planning
discussions with NCI 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 capaci$ limits, Frontier will negotiate
longer intervals as required (and within reason). ln 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 lnterval 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: lnterval 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: lnterval Start Date commences
one (1) month after application receipt date.
1.3.2.2.4 Forecast received two (2) months or more prior
to application receipt dbte: lnterval Start Date
commences on the application receipt date.
Any such interval adjustments will be discussed with NCI at
the time the application is received.
Collocation Caoacity.
NCI lD Comp v4 02 22 12 130
1.3.4
1.3.5
1.3.6
1.3.3.1 Frontier's estimate of its present capacity (i.e., no more than
an increase of 15o/o 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. lf the forecasts indicate
spikes in demand, Frontier will attempt to smooth the
demand via negotiations with the forecasting CLECS. lf
Frontier and NCI fail to agree to smooth demand, Frontier
will determine if additional expenditures would be required
to satisfy the spikes in demand and willwork with the
Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 lf Frontier augments its workforce based on NCI forecasts
and if NCI refuses to smooth demand as described in
Section 1.3.3.1, NCI will be held accountable for the
accuracy of their forecasts.
Vendor Caoacitv. 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
willshare NCI actualand forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
Resoonsibilitv for Vendor Delavs. 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.
Space Preparation.
1.3.6.1 Caqe Construction. For caged Collocation, NCI may
construct the cage with a standard enclosure if they are a
Frontier approved contractor or NCI 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 NCI shall collocate its equipment.
Frontier will assign Collocation space to NCI in a just,
reasonable, and nondiscriminatory manner. Frontier will
allow NCI requesting caged or cageless Collocation to
submit space preferences on the Application Form prior to
assigning caged and cageless Collocation space to NCl.
Frontier will assrgn caged and cageless space in
accordance with the following standards: (1) NCI's
Collocation costs cannot be materially increased by the
assignment; (2) NCI'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 NCI wishes to offer;
and (4) The assignment cannot reduce unreasonably the
NCI lD Comp v4 0222 12
total space available for caged and cageless 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 NCI 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 NCI's
equipment in the same standards and parameters required
for Frontier equipment within that Frontier premise. NCI
may installAC convenience outlets and overhead lighting if
NCI 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 NCI in its
Collocation application. The NClwillspecify the load on
each feed and the size of the fuse to be placed on each
feed. NCI must order a minimum of ten (10) load amps for
each caged, cageless, and virtual Collocation arrangement.
NCI 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 NCI orders a total of 40 load amps of DC
power and an A and B feed, NCI could order 20 load amps
on the A feed and 20 load amps on the B feed. Frontier will
permit NCI to order a fuse size up to 2.5 times the load
amps ordered provided that applicable law permits this
practice. Thus, NCI could order that each feed be fused at
50 amps if NCI wants one feed to carry the entire load in the
event the other feed fails. Accordingly, NCI 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 NCI 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
NCI lD Comp v4 02 22 12
Collocation arrangement in accordance with industry
standards based upon requirements ordered by NCI 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. ln those
instances where Frontier needs access to the Collocation
arrangement to make these measurements, Frontier will
schedule a joint meeting with NCl.
1 .3.6.6 lf 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 lf 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 NCI with written notification,
by certified US mail to the person designated by
NCI 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, NCI 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 NCI 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.
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 anangement
has more than 100 amps fused, the buffer zone
will be 110% of load.
1.3.6.8 lf 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:
NCI lD Comp v4 Q2 22 12
1.3.6.8.1
1.3.6.8.2
1.3.6.8.3
1.3.6.8.4
1.3.6.8.5
Frontier will notify the person designated by NCI
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 NCI or require it to be present during
the second inspection.
Additional Labor charges, as set forth in the
Pricing Attachment, apply for the cost
associated with performing this inspection.
NCI may perform its own inspection at NCI's
cage. NCI is not required to wait for Frontier or
require it to be present during NCI test. Upon
request of NCl, Frontier will send a
representative to accompany NCI to conduct a
joint inspection at NCI cage at no charge to NCl.
Nothing herein shall be construed to prohibit NCI
from testing at its own cage. NClwill 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 NCI's
measurements differ from Frontier's.
lf the second test also exceeds the applicable
buffer zone, Frontier will provide NCI with written
notification, within ten (10) Business Days, by
certified U.S. mailto the person designated by
NCI 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 amps currently
being billed; (6) how the test was done; and (7)
any other relevant information or documents.
Frontier will maintain a file of results taken of
any inspections for two (2) years and such file
will be made available to NCI 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.
lf NCI disagrees with the results of the audit,
NCI will first notify Frontier. Frontier and NCI will
make a good faith effort to resolve the issue. lf
the parties do not resolve the issue, either party
't34NCI lD Comp v4 0222 12
1.3.6.8.6
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 NCI 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 NCI that it must
submit a non-scheduled attestation of the power
being drawn at each of its remaining Collocation
arrangements in the state. NCI 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 lf 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 NCI 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, NCI will
be billed the audited load amount for four (4)
months. NClwill 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. NCI 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, NClwill
be billed the audited load amount for five (5)
months. NCI 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. NCI 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, NCI will
be billed the audited load amount for six (6)
NCI lD Comp v4 02 22 12 135
months. NClwill 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. NCI 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 NCI 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 NCI 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 lf NCI 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
and the parties will not count such an instance for purposes
of implementing Section 1 .3.6.9.5.
1.3.6.11 Annually, NCI must submit a written statement signed by a
responsible officer of NCl, 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 NCI's completed Collocation
arrangements provided by Frontier in the state. lf NCI fails
to submit this written statement by the last day in June,
Frontier will notify NCI 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 NCl.
1.3.6.12 Whenever Frontier is required to perform work on a
Collocation arrangement as a result of NCI's order for a
reduction in power requirements (e.9., 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.
NCI lD Comp v4 02 22 12 136
1.3.7
1.3.6.13 lf NCI 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. ln addition, if NCI'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 willwork cooperatively with NCI to configure the
new power distribution cables and disconnect the old ones.
Equipment and Facilities.
1.3.7.1 Purchase of Eouioment. NCI 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 t{Cl's equipment and provided facilities for
Collocation. Upon installation of all transmission and power
cables for Collocation seryices, NCI relinquishes all rights,
title and ownership of transmission (excluding fiber entrance
facility cable) and power cables to Frontier.
1.3.7.2 Permissible Eouipment. Frontier shall permit the
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical, economic, or operational
matter, preclude NClfrom 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 NClfrom 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 NCI 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 NCI 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
NCI lD Comp v4 02 22 12 137
equipment to significantly increase the burden on Frontier's
property.
Whenever Frontier objects to Collocation of equipment by
NCI 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.
NCI may place in its caged Collocation space ancillary
equipment such as cross connect frames, and metal
storage cabinets. Metalstorage cabinets must meet
Frontier premise environmental standards.
1.3.7.3 Soecifications. Collocation facilities shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National ElectricalCode (NEC), the National
ElectricalSafety 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
NCI entrance facilities and splices must comply with
Telecordia Technologies' Generic Specification for Optical
Fiber and Optical Fiber Cable (TR-TSY-00020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General lnformation Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Frontier services or
facilities. NCI designated and installed equipment located
within Frontier premises must comply with the most recent
issue, unless othena/se 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 lnstallation
Standards (Frontier lnformation Publication lP 72201) and
Frontier's Central Office Engineering Standards (Frontier
lnformation Publication lP 72013). Where a difference in
specification may exist, the more stringent shall apply. lf
there is a conflict between industry standards and Frontier's
technical speciflcations, NCI and Frontier will make a good
faith effort to resolve the difference. NCI designated
facilities shall not physically, electronically or inductively
interfere with the facilities of Frontier, other CLEC(s),
tenant(s) or any other party. lf such interference occurs,
Frontier may take action as permitted under Section 1.8.
NCI equipment must conform to the same specific
risUsafety/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.
NCI equipment is not required to meet the same
performance and reliabilig standards as Frontier imposes
NCI lD Comp v4 02 22 '12
on its own equipment as defined in Frontier's RNSA-NEB-
95-0003, Revision 10 or higher. ln addition, NCI 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. ln such cases, Frontier will, at its
discretion, furnish to NCI written materialwhich will specify
and explain the required construction.
1.3.7.4 Cable. NCI 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. NCI is responsible for providing fire retardant
riser cable that meets Frontier standards. Frontier is
responsible for placing NCI's fire retardant riser cable from
the cable vault to the Collocation space. Frontier is
responsible for installing NCI 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. lf NCI provides its own fiber optic facility, then NCI
shall be responsible for bringing its fiber optic cable to the
Frontier premise manhole. NCI must leave sufficient cable
length for Frontier to be able to fully extend such cable
through to NCI's Collocation space.
1.3.7.5 Manhole/Solicinq Restrictions. Frontier reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. NClwill not be permifted to splice
fiber optic cable in the first manhole outside of the Frontier
premise. Where NCI 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 NCI's Collocation space. Frontier is responsible
for installing a cable splice, if necessary, where NCI
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 NCI's facilities and Frontier's
facilities will be designated by Frontier. This point(s) will be
a direct connection(s) to NCI's network. Frontier shall have
the right to require NCI to terminate Collocation facilities
onto a Point of Termination (POT) Bay. NCI must tag all
entrance facilities to indicate ownership. NCI 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
NCI lD Comp v4 02 22 '12 139
facilities, test connectivity, run jumpers and/or hot patch in-
service circuits.
1.3.7.7 Staqino Area. For caged and cageless Collocation
arrangements, NCI 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 NCI's
equipment installation work in the Collocation space. NCI is
responsible for protecting Frontier's equipment Frontier
premise walls and flooring within the staging area and along
the staging route. NCI 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. NCI may also utilize a staging trailer, which can be
located on the exterior premises of Frontier premise.
Frontier may assess NCI a market value lease rate for the
area occupied by the trailer.
1.3.7.8 Testinq. Upon installation of NCI's equipment, and with
prior notice, Frontier and NCI will mutually agree to
schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality between NCI's
equipment and the connections to Frontier equipment. The
time period for this to occur will correspond to Frontier's
maintenance window installation requirements. lt is solely
the responsibility of NCI to provide their own monitor and
test points, if required, for connection directly to its terminal
equipment. lf NCI cannot attend the scheduled turn-up
phase meeting for any reason, NCI must provide Frontier
with seventy-two (72) hours advanced written notice prior to
the scheduled meeting. lf NCI fails to attend the scheduled
meeting without the advanced written notification, Frontier
reserves the right to charge NCI additional labor rates set
forth in the Pricing Attachment for subsequent turn-up
meetings with NCI which are required to complete the turn-
up phase of the Collocation arrangement.
1.3.7.9 lnterconnection Between Collocated S.oaces. Dedicated
Transit Service (DTS), which allows for interconnection
between NCI 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 lndividual
Case Basis (lCB) as requested by NCI and agreed to by
Frontier. Frontier will offer DTS to NCI as long as such
access is technically feasible.
DTS is only available when both Collocation anangements
(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
NCI lD Comp v4 02 22 12 140
a@ess to the Frontie/s unbundled network elements. Frontier
shall provide such DTS connections fom NCI's Collocation
anangement to another Collocation anangement of NCI within
the same Frontier premises, or to a Collocation anangement of
another CLEC in the same Frontier premises. DTS is provided
at the same transmission level from NCI to another CLEC.
The DTS anangement requires NCI to provide cable
assignment information for itself as well as for the other CLEC.
Frontierwill not make cable assignments for DTS. NCI is
responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. \{hen initiating a DTS request, NCI must submit an
Access Service Request (ASR) and a letter of agency fom the
CLEC it is connecting to that authorizes the DTS connection
and facility assignment. DTS is provided on a negotiated
intervalwitr NCl.
1.3.7.10 Optical Facilitv Terminations. lf NCI requests access to
unbundled dark fiber interoffice facilities, NCI may apply for
a fiber optic patchcord connection(s) between Frontier's
fiber distribution panel (FDP) and NCI'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 lnstallations and Operations. lf at any time
Frontier reasonably determines that either NCI's Collocation
equipment or it's engineering and installation do not meet
the requirements outlined in this Attachment, NCI 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. lf NCI fails to correct
any non-compliance with these standards within thirty (30)
days'written notice to NCl, Frontier may have the
equipment removed or the condition corrected at NCI
expense. lf, during the installation phase, Frontier
reasonably determines that any NCI designated equipment
is unsafe, non-standard or in 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 Frontieds 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 NCl. The
reasonable cost of said work and/or actions shall be borne
by NCl. Frontier reserves the right to remove products,
facilities and equipment from its list of approved products
upon ninety (90) days' notice to NCI if such products,
facilities and equipment are determined to be no longer
compliant with NEBS safety standards. lf NCI equipment
NCI lD Comp v4 0222 12
poses an immediate safety threat, NCI shall remove the
equipment immediately.
1.3.8 Access to Collocation Soace. Frontier will permit NCI's employees,
agents, and contractors approved by Frontier to have direct access to
NCI'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. NCI'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 NCl, to access NCI's collocated
partitioned space to perform periodic inspections to ensure compliance
with Frontier installation, safety and security practices. Where NCI
shares a common entrance to the Frontier premise with Frontier, the
reasonable use of shared building facilities, e.9., elevators,
unrestricted corridors, etc., will be permitted. However, Frontier
reserves the right to permanently remove and/or deny access from
Frontier premises, any NCI employee, agent, or contractor who
violates Frontier's policies, work rules, or business conduct standards,
or otherwise poses a security risk to Frontier.
1.3.9 Network Outaqe. Damaqe and Reportino. NCI shall be responsible
for: (a) any damage or network outage occurring as a result of NCI
owned or NCI 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 identifo and clear a trouble report when the trouble has
been sectionalized (isolated) to NCI service,
Frontier will make every effort to contiact NCI in the event NCI
equipment disrupts the network. lf Frontier is unable to make contact
with NCl, Frontier shall temporarily disconnect NCI's service, as
provided in Section 1.3.11.
1.3.10 SecuritvReouirements.
1.3.10.1 Securitv Measures. NCI 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 NCI with written notice of
such changes. Where applicable, Frontier will provide
information to NCI on the specific type of security training
required so NCI's employees can complete such training.
NCI will maintain with Frontier a list of all NCI employees
who are currently authorized by NCI to access its caged and
cageless Collocation space and will include social security
numbers of all such individuals. NCI will also maintain with
Frontier a list of its collocated-approved vendors and their
social security numbers who request access to caged and
NCI lD Comp v4 02 22 12
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 NCI 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 NCI 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 NCI employee or agent found in
violations of the terms and conditions set forth herein.
NCI must follow Frontier's security guidelines, which are
published on Frontier's web site. Frontier may suspend a
NCI 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 NCI
employees/agents. Unless NCI employee or agent poses
an immediate threat to Frontier or other CLECS, Frontier will
provide NCI with a written explanation of violations
committed by the NCI employee or agent four (4) Business
Days prior to suspending NCI employee or agent from
Frontier premises. NCI 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 NCI
employee or agent from Frontier premises for violating
Frontier's security guidelines.
1.3.'10.2 Securitv 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
NCI employee, agent or contractor who cannot meet
Frontier's established security standards. Employees,
agents or contractors of NCI 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 NCI's
employee, agent and contractor for falsification of records,
violation of fire, safety or security practices and policies or
other just cause. NCI employees, agents or contractors
who meet Frontier's established security standards will be
provided access to NCI's caged and cageless Collocation
equipment 24 hours a day, seven days a week and
reasonable access to Frontier's restroom facilities. lf NCI
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
NCI employee(s), agent(s) or contractor(s) at no cost to
NCl. Frontier may use reasonable security measures to
NCI lD Comp v4 0222 12
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 contputerized tracking systems, identification
swipe cards, keyed access and/or logs, as deemed
appropriate bY Frontier.
Frontier may require NCI employees and contractors to use
a central or separate entrance to Frontier's premises,
provided, however, that where Frontier requires that NCI
employees or contractors access collocated equipment only
through a separate entrance, employees 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 NCI's Collocation costs.
1.3.10.3 Access Cards/ldentification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for NCI for each Frontier premise for the purpose
of installation, maintenance and repair of NCI's caged and
cageless Collocation equipment. All NCI 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 NCl.
The lD must be worn on the individual's exterior clothing
while on or at Frontier premises. Frontier will provide NCI
with instructions and necessary access cards or keys to
obtain access to Frontier premises. NCI is required to
immediately notify Frontier by the most expeditious means,
when any NCI'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.
NCI 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 NCI's employee and/or termination of
service. NCI shall be responsible for the replacement cost
of keys, access cards or other means of obtaining access
when lost, stolen or failure of NCI or NCI's employee, agent
or contractor to return to Frontier.
Emerqencv Access. NCI is responsible for providing a contact number
that is readily accessible 24 hours aday,7 days a week. NClwill
1.3.11
NCI lD Comp v4 02 22 12
1.4
provide access to its Collocation space at all times to allow Frontier to
react to emergencies, to n'iaintain 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 NCI in
advance of any such emergency access. lf advance notification is not
possible Frontier will provide notification of any such entry to NCI as
soon as possible following the entry, indicating the reasons for the
entry and any actions taken which might impact NCI's facilities or
equipment and its ability to provide service. Frontier will restrict
access to NCI'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 NCI's Collocation space in an
emergency, such as fire or other unsafe conditions, or for purposes of
averting any threat of harm imposed by NCI or NCI's equipment upon
the operation of Frontier's or another CLEC's equipment, facilities
and/or employees located outside NCI's Collocation space. Frontier
will notify NCI as soon as possible when such an event has occurred.
ln case of a Frontier work stoppage, NCI's employees, contractors or
agents will comply with the emergency operation procedures
established by Frontier. Such emergency procedures should not
directly affect NCI's access to its premises, or ability to provide
service. NCI will notifi7 Frontier point of contact of any work stoppages
by NCI employees.
Space Requirements.
1.4.1 Soace Availabilitv. lf 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 lnternet URL: ***FRONTIER REGULATORY
WEBSITE HERE*"". 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 NCI to tour the entire premises of the
Frontier premise, without charge, within ten (10) calendar days of the
tour request.
Minimum/Maximum/Additional Soace. The standard sizes of caged
Collocation space will be increments of 100 square feet unless
mutually agreed to otherwise by Frontier and NCl. The minimum
amount of floor space available to NCI 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
1.4.2
NCI lD Comp v4 02 22 '12 145
1.4.3
1.4.4
1.4.5
NCI 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 NCI by completing and
submitting a new application form and the applicable 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.
Use of Soace. Frontier and NCI willwork cooperatively to determine
proper space requirements, and efficient use of space. ln addition to
other applicable requirements set forth in this Agreement, NCI 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. NCI shall use the Collocation space solely for the purposes
of installing, maintaining and operating NCI's equipment to
interconnect for the exchange of traffic with Frontier and/or for
purposes of accessing UNEs. NCI 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 NCI's
employee(s)work location, office or retail space, or storage. The
Collocation space shall not be used as NCI's mailing or shipping
address.
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.
lf 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.
NCI shall not be permitted to reserve Frontier premise cable space or
conduit system. lf new conduit is required, Frontier will negotiate with
NCI to determine an alternative arrangement for the specific location.
NCI will be allowed to reserve Collocation space for its caged/cageless
arrangements based on NCls 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 NCI equipment.
Collocation Soace Reoort. Upon request by NCI and upon NCI
signing a Collocation nondisclosure agreement, Frontier will make
available a Collocation space report with the following information for
the Frontier premise requested:
NCI lD Comp v4 02 22 12 146
'1.5
1.4.6
Pricino.
1.5.1
1.4.5.1 Detailed description and amount of caged and cageless
Collocation space available;
1.4.5.2 Number of telecommunications carriers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Frontier premise in order to
determine Collocation space availability for the Frontier premise. The
Collocation space report will be provided to NCI 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.
Reclamation. When initiating an application form, NCI 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 NCI accepts the Collocation arrangement.
lf NCI does not utilize its Collocation space within the established time
period, and has not met the space reservation requirements of Section
1.4.41o 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. ln such cases, Frontier
will reimburse NCI 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. NCI may seek Commission relief from reclamation
within ten (10) Business Days of being notified.
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. lf 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.
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.
1.5.2
NCI lD Comp v4 02 22 12
1.6
1.5.3
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 othenruise required by legal
requirements.
Billino and Pavment. 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 NCI
when Frontier provides NCI access to the caged, cageless or adjacent
Collocation arrangement or completes installation of the virtual
Collocation arrangement and shall be payable in accordance with
applicable established payment deadlines.
Liabilitv and lndemnifi cation
ln addition to their other respective indemnification and liability obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
1.6.1
1.6.2
1.6.3
1.6.4
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 NCI 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.
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.
Frontier is not liable for damages to NCI 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.
Frontier shall be indemnified, defended and held harmless by NCI
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 NCI or its end user in connection with facilities
provided by Frontier, NCl, or the end user; or
NCI lD Comp v4 02 22 12 148
1.6.4.2 Frontier shall not be liable to NCI 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.
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 NCI from any and all
claims by any person relating to NCI'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 Aftachment
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 NCI 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 NCI or NCI end user, or due to
the failure of equipment, facilities, or services provided by NCI 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 NCI shall indemnify, defend and save harmless Frontier from and
against any and all losses, claims, demands, causes of action and
costs, including aftorney's fees, whether suffered, made, instituted or
asserted by NCI 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 NCI'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 NCI from and
against any and all losses, claims, demands, causes of action and
NCI lD Comp v4 02 22 12
1.6.11
1.6.12
1.6.13
1.6.14
1.6.15
1.7 Casualtv.
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 NCl, its employees, agents, former or
striking employees, or contractors, in connection therewith, unless
caused by gross negligence or willful misconduct on the part of NCl.
NCI 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 NCl, and/or acts by NCl, its employees, agents or
contractors.
NCI shallindemnify, 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 NCI installation and operation of its facilities or equipment
within the multiplexing node, roof space and transmitter space.
NCI 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. NCI 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 fines or
penalties arising out of any breach of the foregoing by NCl, 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.
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 centraloffice, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Frontier shall indemnify,
defend, and hold harmless NCl, 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.
Frontier and NCI 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.
NCI lD Comp v4 02 22 12 150
1.7.1 lf the Collocation equipment location or any part thereof is damaged
by fire or other casualty, NCI 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:
1.7.1.1 lf 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
reseryes the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
lf Frontier elects to restore the Collocation equipment
location, Frontier shall inform NCI of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and willwork in good faith to restore service
to NCI 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 lf 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 cf 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.
lf Frontier elects to restore the Collocation equipment
location, Frontier shall inform NCI of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and willwork in good faith to restore service
to NCI 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 lf 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 NCl, 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
NCI 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 NCI's Collocation equipment location or any
part thereof under the conditions specified in 1.8.2.
NCI lD Comp v4 02 22 12 151
1.7.2
1.7.3
1.7.4
1.7.5
1.7.6
1.7.7
1.7.1.4 lf the Collocation equipment location or any part thereof is
totally damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
casualty caused by NCl, the liability and indemnification
provisions of this Attachment shall apply and Frontier may
terminate NCI Collocation arrangement immediately.
lf the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of NCl, 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 NCI
Collocation equipment location or any part thereof. ln this event,
Frontier will provide NCI 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 NCl. NCI must vacate the premises by the
date specified in the notice. Frontiefs rights against NCI 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 NCl, which were on account of any period subsequent to
such date shall be returned to NCl.
After any such casualty and upon request by Frontier, NCI shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of NCI salvageable
inventory and movable equipment, furniture and other property.
ln the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, NCI liability for applicable non-recurring and monthly
recurring charges shall resume either upon occupancy by NCI 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.
Nothing contained in these provisions shallrelieve NClfrom liability
that may exist as a result of damage from fire or other casualty.
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 NCI 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.
Frontier will not carry insurance on the NCI fumiture and/or furnishings
or any fixtures or equipment, improvements, or appurtenances
removable by NCI and therefore will not be obligated to repair any
damage thereto or be obligated to replace the same.
NCI lD Comp v4 O222 12
1.8 lmolementation and Termination of Service.
1.8.1 lmolementation of Collocation Charoes. Frontier shall provide NCI
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 NCI of the Scheduled Completion Date and will request NCI to
schedule and attend a'Collocation Acceptance Meeting' ('CAM').
Collocation charges will be implemented in accordance with this
section regardless of the readiness of NCI to utilize the completed
Collocation arrangement.
1.8.1.1 Collection of Non-Recurrino Charqes. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. NCI shall pay the balance
of the NRCs (*NRC Balance") upon NCI 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 Recurrinq Charoes. 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 shallcontinue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Reouest, 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. ln order for Frontier to delay
billing of monthly recurring charges for the applicable
Collocation arrangement, NCI 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 NCI or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if NCI terminates
its Collocation arrangement, the termination shall be
governed by Section 1.8.4.
lf 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 NCI that its Collocation
space has been requested by another CLEC. NCI 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 NCI
retains the Collocation space, monthly recurring charges
shallcommence for NCI thirty (30) calendar days after NCI
sends the Retention Notice or when NCI accepts the space,
whichever comes first.
NCI lD Comp v4 02 22 12
1.8.2
1.8.3
Grounds for Termination bv Frontier. Failure by NCI to comply with
the terms and conditions of this Attachment, including nonpayment of
rates and charges, may result in termination of Collocation service. ln
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 NCI: (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 NCI'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 NCI's Collocation space.
Frontier reseryes the right to inspect NCI'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. lf 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 NCI's Collocation
service upon thirty (30) calendar days notice.
lf Frontier elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
Termination bv CLEC. NCI must notify Frontier in writing of its plans
to terminate a Collocation arrangement ('CLEC Termination Notice"),
and such NCI termination shall be governed by this Section.
1.8.3.1 Termination After Comoletion. lf NCI 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
NCI Termination Notice. lf CLEC terminates a Collocation
arrangement under this section, the termination shall be
governed by Section 1.8.4 and NCI remains responsible to
pay any unpaid NRCs associated with the terminated
arrangement as set forth in Section 1.8.1. lf the Collocation
arrangement being terminated contains equipment in which
a third party maintains an ownership or a security interest,
NCI shall include a list of any such owners and secured
parties in NCI Termination Notice.
1.8.3.2 Termination Prior to Completion. lf NCI elects to terminate
a request for Collocation when construction is in progress
and prior to completion of the Collocation arrangement, the
termination will be effective upon Frontier's receipt of NCI
Termination Notice. For all non-recurring charges
associated with providing the Collocation arrangement, NCI
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
NCI lD Comp v4 02 22 12 154
1.8.4
Days measureo from Frontier's receipt of a complete
application from NCI):
1.8.3.2.1 Effective date of NCI termination on or between
Days 1 to 15, NCI owes 20% of non-recurring
charges.
1.8.3.2.2 Effective date of NCI termination on or between
Days 16 to 30, NCI owes 40% of non-recurring
charges.
1.8.3.2.3 Effective date of NCI termination on or between
Days 31 to 45, NCI owes 60% of non-recurring
charges.
1.8.3.2.4 Effective date of NCI termination on or between
Days 46 to 60, NCI owes 80% of non-recurring
charges.
1.8.3.2.5 Effective date of NCI termination after Day 60,
NCl. owes 100o/o of non-recurring charges.
lf after applying these percentages to NRCs already paid by
NCl, any refunds are due NCl, such refunds shall be applied
first as a credit to any accounts with balances owed by NCI
to Frontier, with any remaining refund amount issued to
NCl. Engineering/major augment fees submitted with the
application will not be refunded. NCI Termination Notice
must be received by Frontier prior to the Scheduled
Completion Date to avoid incurring any monthly recurring
charges.
Effects of Termination. lf Frontier or NCI 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. NCI
shall disconnect and remove its equipment from the
designated Collocation space by the effective date of the
termination. Upon removal by NCI of all its equipment from
the Collocation space, if NCI does not restore the
Collocation space to its original condition at time of
occupancy, NCI will reimburse Frontier for the cost to do so.
Due to physical and technical constraints, removal of NCI
entrance facility cable will be at Frontier's option. NCI shall
reimburse Frontier for all costs Frontier incurs to
decommission DC Power and transmission cable
terminations previously applied for by NCl. Frontier
reserves the right to remove NCI's equipment if NCI fails to
remove and dispose of the equipment by the effective date
of the termination. NCI 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 NCI until
the effective date of the termination or, at Frontier
discretion, until any later date up to the date that all
NCI lD Comp v4 02 22 12
1.9
1.8.5
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. lf Frontier or NCI has
terminated a Collocation arrangement pursuant to Sections
1.8.2 and't.8.3 and NCI ("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"), NCI 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. lf Frontier uses an asset for which
NCI paid a non-recurring charge, Frontier will make a pro
rata refund of such paid non-recurring charges to NCl. For
purposes of calculating prorated refunds to NCl, 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 NCI to Frontier, and
any remaining refund amount will be issued to NCl.
Engineering/major augment fees submitted with the
application and any other paid non-recurring charges not
associated with the asset will not be refunded.
Closure. Decommissioninq.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 NCI 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. ln such cases,
Frontier will provide notice to NCI as soon as practicable. Frontier will
work with NCI to identify alternate Collocation arrangements. Frontier
will work cooperatively with NCI to minimize any potential for service
interruption resulting from such actions.
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.
NCI 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,
cable space, cable racking, vault space or conduit space other than as
expressly provided herein. To the extent that NCI requires use of a
Frontier local exchange line, NCI must order a business local
exchange access line (B1). NCI may not use Frontier official lines.
1.8.6
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 Descriotion. Under virtual Collocation, Frontier installs and maintains
NCI provided equipment, which is dedicated to the exclusive use of
NCI lD Comp v4 02 22 '12 156
1.9.2
1.9.3
NCI in a Collocation arrangement. NCI provides fiber-optic facilities
through Frontier entrance manholes for connection to NCI 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 NCI's location, the fiber optic cable remains NCI's
responsibility, with NCI performing allservicing and maintaining full
ownership. lf NCI is purchasing Frontier provided unbundled interoffice
facilities as transport, NCI 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.
lf NCI requests virtual Collocation of equipment other than the standard
virtual arrangement, NCI and Frontier will mutually agree upon the type
of equipment to be virtually collocated.
lmolementation lntervals and Plannino. Frontier and NCI shall work
cooperatively to jointly plan the implementation milestones. Frontier
and NCI shallwork 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 NCl-provided transmission
equipment and for training.
Frontier will notify NCI of issues or unanticipated delays, as they
become known. Frontier and NCI shall conduct additionaljoint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process, Planning meetings shall include establishment of schedule,
identification of tests to be performed, spare plug-in/card requirements,
test equipment, and determination of the final implementation
schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. NCI shall deliver the virtual
Collocation equipment to Frontier premises by Business Day forty (40).
Frontier and NCI shall work cooperatively to schedule each site on a
priority-based order. Frontier and NCI shall mutually agree upon
intervals for non-standard arrangements.
Transmission Failure. NCI shall be responsible for monitoring and
reporting signal loss to Frontier. ln the event of a transmission failure,
NCI 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.
NCI lD Comp v4 0222 12 157
1.9.4
1.9.5
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 NCI within eight (8) Business Days of the results of
this review and site survey.
The dedicated terminalequipment inside Frontier's premises shall be
provided by NCI 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 NCI will remove the equipment. NCI 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, NCI may hire the same
approved contractors directly for installation, maintenance or repair of
NCI designated equipment.
Where Frontier does not use contractors, NCI designated equipment
and NCI provided facilities used in the provision of virtual Collocation
will be installed, maintained and repaired by Frontier. Frontier will
maintain and repair NCI designated equipment under the same
timeframe and standards as its own equipment.
NCI 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 NCI 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 .9.1 1).
Pluq-ins and Soare 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 NCI-dedicated plug-in/card storage cabinet. NCI will be
notified as the plug-in/card is replaced.
Frontier will not provide spare plug-ins/cards under any circumstances,
nor is Frontier responsible for NCI's failure to replace defective plug-
ins/cards. Frontier shall not be held responsible if NCI provides an
inadequate supply of plug-ins/cards. Frontier will segregate and
secure NCI-provided maintenance spares in NC|-provided spare plug-
in/card cabinet.
NCI shall provide the shop-wired piece of equipment fully pre-equipped
with working plug-ins/cards. ln addition, NCI shall provide Frontier with
maintenance spares for each plug-in/card type. The number of
maintenance spares shall be the manufacturer's recommended
NCI lD Comp v4 02 22 12 158
1.9.6
amount, unless otherwise mutually agreed by Frontier and NCl,
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 NCI prior to delivery to Frontier.
ln addition to maintenance spares, NClwill 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, NCI is then responsible to contact the Frontier operations
manager to arrange exchange and replacement of the plug-in/card.
Exchanged, pre{ested spares shall be provided within one week of
replacement of a defective plug-in/card.
Subject to premise space availability, NCI 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 othenrise mutually
agreed by Frontier and NCl.
Safetv and Technical Standards. Frontier reserves all rights to
terminate, modify or reconfigure the provision of service to NCI if, in
the discretion of Frontier, provision of service to NCI may in any way
interfere with or adversely affect Frontier's network or its ability to
service other CLECs.
All NCI 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 NCI's responsibility to demonstrate and provide to Frontier
adequate documentation from an accredited source certifying
compliance. NCI equipment must conform to the same specific
risUsafety/hazard standards which Frontier imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
NCI 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. NCI may
install equipment that has been deployed by Frontier for five years or
more with a proven safety record.
All NCI's entrance facilities and splices must comply with TR - TSY -
00020, TR - NWT - 001058, BR - 760 -200 - 030 and SR - TAP -
001421as they relate to fire, safety, health, environmental safeguards
and interference with Frontier's services and facilities. Such
NCI lD Comp v40222 12 159
requirements include, but are not limited to the following: (1) The fibers
must be single mode; (2) The fiber optic units must be of loose tube (12
fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked
according to the cable marking requirements in GR - 20 - CORE,
Section 6.2.1- 4; (4) The fiber must be identified according to the fiber
and unit identification (color codes) in GR - 20 - CORE, Section 6.2.5;
(5) Unless otherwise mutually agreed, the outer cable jacket shall
consist of a polyethylene resin, carbon black, and suitable antioxidant
system; and (6) 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 Eouipment. Frontier exercises
exclusive physical control over the premises-based transmission
equipment that terminates NCI'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 NCl.
1.9.8 Removal of Equioment. 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 lnstallation 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 NCI at the number provided and service the
equipment as instructed and directed by NCl.
1.9.10 Placement, Removal and Monitorinq of Facilities and Equioment.
From manhole zero toward NCI's location the fiber optic cable remains
NCI's responsibility, with NCI performing allservicing and maintaining
fullownership.
NCI has the responsibility to remotely monitor and control their circuits
terminating in Frontier's premises, however, NCI will not enter
Frontier's premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by NCl. A clear distinction must be made by NCI 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 will require specially
trained technicians familiar with the collocated equipment (refer to
Section 1.9.11).
When NCI isolates a trouble and determines that a Frontier technician
should be dispatched to the equipment location for a servicing
procedure, NCI shall enter a trouble ticket with Frontier. NCI 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 NCI's technician/contact.
Responses to all equipment servicing needs will be at NCI's direction.
Maintenance will not be performed without NCI's direct instruction and
authorization.
NCI lD Comp v4 0222 12 160
lf NCI is providing its own transport fiber for the virtual Collocation
arrangement, NCI 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 NCl. Frontier technicians will perform the instructed
activities on the equipment as specifically directed by NCl.
NCI shall provide, own, and operate the terminal equipment at their site
outside Frontier's premises.
1.9.11 Use of Non-Standard Equioment. When NCI 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, NCI 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 NCI with adequate
manufacturer's training.
NCI 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 NCl. NCI shall also pay for Frontier
technicians' time subject to rates contained in the Pricing Attachment.
When travelis required, travelexpenses associated with training will be
charged to NCI 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 NCI also has the option of arranging and
paying for all travel expenses for Frontier technicians directly.
ln the event of an equipment upgrade, NCI must provide secondary
training subject to the provisions contained herein.
1.9.12 Additions and Rearranqements. Once NCI has established a virtual
Collocation arrangement, changes to the existing configuration,
(including but not limited to, growing, upgrading, and/or reconfiguring
the current equipment) are considered rearrangements to that virtual
Collocation arrangement. lf NCI decides to rearrange an existing
virtual Collocation arrangement, NCI 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 Charqes.
Billinq. Frontier will apply charges (e.9., 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 NCI to utilize the completed virtual Collocation
arrangement will not impair the right of Frontier to commence billing.
Frontier shall charge NCI for all costs incurred in providing the virtual
Collocation arrangement, including, but not limited to, Frontier's
NCI lD Comp v4 0222 12
planning, engineering and installation time and costs incurred by
Frontier for inventory services. Any and all expenses associated with
placing NCI's fiber in manhole zero, including license fees, shall be the
responsibility of NCl.
Virtu?l Enqineerinq Fee. Frontier will require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Frontier location where NCI requests to establish
virtual Collocation. A virtual engineering/major augment fee is required
to be submitted by NCI 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.
lf NCI cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, NCI 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 NCI
within ten (10) Business Days following receipt of the completed
Augment Application if NCI conversion request is accepted or denied.
When converting a virtual arrangement to a caged or cageless
arrangement, NCI's equipment may need to be relocated. NCI will be
responsible for all costs associated with the relocation of its equipment
as described in Section 1.2.7.
1.10 MicrowaveCollocation.
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 .1 0, 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,
NCI lD Comp v4 02 22 '12 162
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 NCI'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 NCI'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 NCl. Frontier reserves
the right to use existing support structures for NCI's antenna, subject to
space and capacity limitations. Frontier also reserves the right to use
any unused portion of a support structure owned by NCI for any
reason, subject to the provisions set forth below. lt 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 NCI 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 NCI's interior Collocation space, or in a
separate location inside or on the exterior of the building as determined
by Frontier.
1.10.2 Securitv. Frontier will permit NCI's employees, agents and contractors
approved by Frontier to have access to the areas where NCI's
microwave antenna and associated equipment (e.g., tower and
support structu re, transmitter/receiver equ ipment, and wavegu ide
and/or coaxial cable) is located during normal business hours for
installation and routine maintenance, provided that NCI 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 NCI
to have access to NCI's cable and associated equipment (e.9., repeaters). This
will include access to riser cable, cableways, and any room or area necessary for
access.
1.10.3 Safetv 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
NCI lD Comp v4 02 22 12 163
days notice of the change unless it is due to an emergency which
renders notice impossible.
Frontier reseryes 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, NCI 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 NCI
owned structures that are solely for the use of one CLEC's antenna(s),
such inspection will be at NCI'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.
NCI 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 NCI's
facilities or equipment located in roof space or transmitter/receiver
space. NCI also agrees to take all necessary corrective action.
All NCI 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.
NCI must comply with Frontier technical specifications for microwave
Collocation interconnection specifled in NIP - 74171 and Frontier's
digital switch environmental requirements specified in NIP - 74165, as
they relate to fire, safety, health, environmental, and network
safeguards, and ensure that NCI provided equipment and installation
activities do not act as a hindrance to Frontier services or facilities.
NCI'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.
NCI 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 NCI 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.
NCI lD Comp v4 0222 12 164
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 GR - 63 - CORE, GR -
1089 - CORE and NIP 74171. This equipment must also comply with
NIP - 74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or interference with 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 NCI in all cases is specified in ANSI
c95.1 - 1982.
NCI 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. NCI
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 Equioment. Prior to
installation of NCI's facilities or transmission equipment for microwave
interconnection, NCI 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.
NCI 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.
Any NCI'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 NCl.
NCI 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.
NCI may install equipment that has been deployed by Frontier for five
years or more with a proven safety record.
1.10.5 Moves. Reolacements or Other Modifications. Where NCI 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.9., use of freight elevators, loading dock, staging
area, etc.), NCI must request and receive written consent from
Frontier. Such consent will not be unreasonably withheld. NCI shall
not make any changes from initial installation in terms of the number of
transmitter/receivers, type of radio equipment, power output of
transmifters or any other technical parameters without the prior written
approval of Frontier.
NCI lD Comp v4 02 22 12
1.10.6 Space and Facilities. Monthly rates are applicable to NCI 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 NCI's relative capacity ratio
(RCR), (i.e., the sum of the RCRs of each of the NCI'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 NCl. 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 NCI proposing to use
the structure, on a one-time basis, for the following costs and/or values.
Any incremental costs associated with installing the NCI'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 NCI's proposed
antenna(s) to be mounted on the structure. NCI's RCR represents the
percent of the total capacity of the support structure used by NCI's
antenna(s) on the structure. Spare capacity shall be deemed to be that
of the owner of the structure. RCRs shall be expressed as a two place
decimal number, rounded to the nearest whole percent. The sum of all
users' RCRs and the owner's RCR shall at all times equal 1.00. lt shall
be the responsibility of the owner of the structure to provide NCI the net
book value of the structure at the time of the proposed use. Upon
request, the owner shall also provide the proposed user accounting
records or other documentation supporting the net book value.
The owner of the structure may not assess NCI any charges in addition
to the one-time charge described above, except that the owner of the
structure may assess NCI a proportionate share of inspection costs
and Frontier may assess NCI monthly recurring charges for use of its
roof space. At the time NCI proposes to attach additional antennas to
an existing support structure, it shall be the responsibility of NCI 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 NCI is the owner of the structure, the proposed user shall pay
NCI 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. ln the event that NCI 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 NCl.
1.10.7 Emeroencv Power and/or Enyironmental Suooort. ln the event special
work must be done by Frontier to provide emergency power or
NCI lD Comp v4 02 22 12 166
environmental support to the transmitter/receiver equipment or
antenna, NCI will be billed on a time and materials basis for the costs
incurred.
1.10.8 Escortinq. When NCI 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 Aftachment will apply.
NCI lD Comp v4 02 22 12 167
1.
911 ATTACHMENT
91 1/E-91 1 Arrangements
1.1 911/E-911 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 9111E-911Tandem
Office(s)/Selective Router(s), Frontier interface point(s) and ALI Database as is
necessary for 911/E-911 Calls in areas where Frontier is the designated 911/E-
911 Service Provider.
1.2 Frontier shall make the following information available to NCl, 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 91 1lE-911 Tandem Office(s)/Selective Route(s) and associated
geographic location served for areas where Frontier is the designated
911 lE-911 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-911 network and ALI 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 NCI a
complete copy of such MSAG annually upon written request for each
county within the LATA(s) in the State of ldaho, where NCI is providing
Telephone Exchange Service, provided that Frontier is permitted to do
so by Controlling 911 Authority.
ALI Database
2.1 Where Frontier manages the ALI Database, information regarding the ALI
Database is provided electronically at the Frontier website (formerly referred to
as the Frontier wholesale website).
2.2 Where Frontier manages the ALI Database, Frontier shall:
2.2.1 store NCI end user data provided by NCI in the ALI Database;
2.2.2 provide NCI access to the ALI Database for the initial loading and
updating of NCI 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 NCI an error and status report based on updates to the ALI
Database received from NCl.
2.3 Where Frontier manages the ALI Database, NCI shall:
2.3.1 provide MSAG valid E-911 data for each of its end users for the initial
loading of, and any and all updates to the ALI database;
2.3.2 utilize the appropriate Frontier electronic interface to update E-911
data in the ALI Database related its end users (and all such database
2.
NCI lD Comp v4 0222 12 168
3.
information in the ALI 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 lD on all end user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entry of E-911 data in the ALI
Database; and
2.3.5 enter E-911 data into the ALI Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using NCI's
NENA lD to lock and unlock records and the posting of the NCI NENA
lD to the ALI Database record where such locking and unlocking
feature for E-911 records is available, or as defined by local standards.
NCI is required to promptly unlock and migrate its E-911 records in
accordance with NENA standards. ln the event that NCI discontinues
providing Telephone Exchange Service to any of its end users, it shall
ensure that its E-911 records for such end users are unlocked in
accordance with NENA standards.
2.4 ln the event NCI uses an Agent to input its end user's E-911 data to the ALI
Database through the appropriate Frontier electronic interface, NCI shall provide
a Letter of Authorization, in a form acceptable to Frontier, identifying and
authorizing its Agent.
91 1/E-91 1 Interconnection
3.1 NCI may, in accordance with Applicable Law, interconnect to the Frontier 911|E-
911 Tandem Office(s)/Selective Router(s) or Frontier interface point(s). Frontier
shall designate interface point(s), e.9., digital cross connect systems (DCS),
where NCI may interconnect with Frontier for the transmission and routing of
9111E-911 Calls to all subtending PSAPs that serve the areas in which NCI
provides Telephone Exchange Services.
3.2 ln order to interconnect with Frontier for the transmission and routing of 911/E-
911 Calls, NCI shall:
3.2.1 interconnect with each Frontier 911/E-911 Tandem Office/Selective
Router or Frontier interface point that serves the exchange areas in
which NCI is authorized to and will provide Telephone Exchange
Service;
3.2.2
3.2.3
3.2.4
provide a minimum of two (2) one-way outgoing 91 1/E-91 1 trunks over
diversely routed facilities that are dedicated for originating 911/E-911
Calls from the NCI switch to each designated Frontier 9111E-911
Tandem Office/Selective Router or Frontier interface point, using SS7
signaling where available, as necessary;
Intentionally Left Blank];
provide sufficient trunks and facilities to route 911/E-911 Calls from
NCI to the designated Frontier 911/E-911 Tandem Office(s)/Selective
Route(s) or Frontier interface point(s). NCI is responsible for
requesting that trunks and facilities be routed diversely for 91'1/E-911
interconnection;
NCI lD Comp v4 02 22 12
4.
3.2.5 determine the proper quantity of trunks and facilities from its switch(es)
to the Frontier 911/E-911 Tandem Office(s)/Selective Router(s) or
Frontier interface point(s);
3.2.6 engineer its 911/E-911 trunks and facilities to attain a minimum P.01
grade of service as measured using the "busy day/busy hour" criteria
or at such other minimum grade of service as required by Applicable
Law or the Controlling 911 Authority;
3.2.7 monitor its 911/E-911 trunks and facilities for the purpose of
determining originating network traffic volumes. lf the NCI traffic study
indicates that additional trunks and/or facilities are needed to meet the
current level of 911/E-9'11 Call volumes, NCI shall order or otherwise
provide adequate additional trunks and/or facilities;
3.2.8 promptly test all 911/E-911 trunks and facilities between the NCI
network and the Frontier 9111E-911 Tandem Office(s)/Selective
Route(s) or Frontier interface point(s) to assure proper functioning of
9111E-911 arrangements. NCI shall not transmit or route live 911/E-
911 Calls until successful testing is completed; and
3.2.9 isolate, coordinate and restore all 911/E-911 network maintenance
problems from its switch(es) to the Frontier 911/E-911 Tandem
Office(s)/Selective Router(s) or Frontier interface points. NCI shall
advise Frontier of the circuit identification when notifying Frontier of a
failure or outage.
911/E-911 General
4.1 Frontier and NCI shallwork 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-911
arrangements
4.2 NCI shall compensate Frontier for provision of 91 1/E-9'11 Services pursuant to
the Pricing Aftachment of this Agreement.
4.3 NCI and Frontier shall comply with all Applicable Law (including 911 taxes and
surcharges as defined by Applicable Law) pertaining to 9111E-911 arrangements.
4.4 NCI shall collect and remit, as required, any 9111E-9ll applicable surcharges
from its end users in accordance with Applicable Law.
Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date, has not provided in the
State of ldaho a Service offered under this Aftachment, Frontier reserves the right to
negotiate in good faith with NCI 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.
5.
NCI lD Comp v4 02 22 12 170
1.
PRICING ATTACHMENT
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 ln 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 othenrvise, 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 notifu NCI in writing of such Charge in
accordance with, and subject to, the notices provisions of this Agreement and
thereafter shall bill NCl, and NCI 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 NCI 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 NCI 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 othenvise
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 ln 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 ln 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 ln 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.
Frontier Telecommunications Services Provided to NGI for Resale Pursuant to the
Resale Attachment
Frontier Telecommunications Services for which Frontier is Required to Provide a
Wholesale Discount Pursuant to Section 251(c)(a) of the Act.
2.
2.1
NCI lD Comp v4 0222 12
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
The Charges for a Frontier Telecommunications Service purchased by
NCI for resale for which Frontier is required to provide a wholesale
discount pursuant to Section 251(c)(a) 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)(a) of the Act.
The Charges for a Frontier Telecommunications Service Customer
Specific Arrangement ('CSA') purchased by NCI 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(cX4) 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(cX4) 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 NCI for resale pursuant to
Section 251(c)(4) of the Act.
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 NCI for resale pursuant to
Section 251(c)(4) of the Act.
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.
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;
NCI lD Comp v4 02 22 12 172
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)(a) of the Act.
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)(a) 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).
The Charges for a Frontier Telecommunications Service customer
specific contract service arrangement ('CSA) purchased by NCI
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 CSA and
any other Charges that Frontier could bill the person to whom the CSA
was originally provided (including, but not limited to, applicable
Frontier Tariff Charges).
2.2.2
2.3 Other Charges.
2.3.1 NCI 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 NCl.
NGI Prices
Notwithstanding any other provision of this Agreement, the Charges that NCI bills
Frontier for NCI's Services shall not exceed the Charges for Frontier's comparable
Services, except to the extent that NCI's cost to provide such NCI's Services to Frontier
exceeds the Charges for Frontier's comparable Services and NCI has demonstrated such
cost to Frontier, or, at Frontier's request, to the Commission or the FCC.
[his Section lntentionally Left BIank]
Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
with regard to the Charges of the other Party (including, but not limited to, a proceeding
2.2
3.
4.
5.
NCI lD Comp v4 0222 12
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
NCI lD Comp v4 02 22 12
I
APPENDIX A TO THE PRIGTNG ATTACHMENT1
(IDAHO)
vl.13
Rates and Gharges for Transport and Termination of Traffic2
A. ReciprocalCompensationTrafficTermination
Reciprocal Compensation Traffic End Office Rate: Billand Keep
Reciprocal Compensation Traffic Tandem Rate: Bil! and Keep
The Tandem Transit Traffic Service Charge is $0.0018345 per minute of use.
Entrance Facility and Transport for lnterconnection Charges: See lntrastate
SpecialAccess Tariff
Exchange Access Service: Per Frontier interstate and/or Frontier intrastate
access tariff
t Thir Appendix may mntain rates for (and/or reference) services, facilities, arrangements and the like
that Frontier does not have an obligation to provide under the Agreement (e.9., 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 tc 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, anangement or the like upon rates, terms or conditions other than those that may be requircd by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates
and/or charges as the Commission or the FCC may approve or allow b go into effect from time to time, subject however,
to any stay or other order issued by any court of competent jurisdiction. ln addition tc any rates and charges set forth
herein, Frontier, effective as of March 1 1, 2005, may, but shall not be required to, charge (and ""-CUSTOMER
ACRONYM'* shall pay) any rates and charges that apply to a CLEC's embedded base of certain UNEs pursuant tc the
FCC's Order on Remand, Unbundled Access lo Nelwork Elements; Review ot the Section 251 Unbundling Odigations of
lncumbent 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. ln addition, as set forth in lndustry 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.
All rates and charges specified herein are pertaining to the lnterconnection Attachment.
B.
C.
D.
NCI lD Comp v4 02 22 12
ll.Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
Ordering and Provisioning
Engineered lnitial Service Order (lSO) - New Service
Engineered lnitial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered lnitial Service Order - New Service
Non-Engineered Initial Service Order - Changeover
Non-Engineered lnitial Service Order - As Specified
Non-Engineered Subsequent Service Order
Central Office Connect
Outside Facility Connect
Manual Ordering Charge
Product Specific
Custom Handling
Service Order Expedite:Engineered $Non-Engineered $
Coordinated Conversions:rso $
Central Office Connection $
Outside Facility Connection $
Hot Coordinated Conversion First Hour:tso $
Central Office Connection $
Outside Facility Connection $
Hot Coordinated Conversion per Additional Quarter Hour:rso $
Central Office Connection $
Outside Facility Connection $
$273.09
$ 11.69
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 12.21
$ 68.30
$ 12.17
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No
discount applies to such NRCs.
35.48
12.59
17.76
10.71
9.59
30.55
42.83
38.34
6.40
10.71
9.59
NCI lD Comp v4 02 22 12
Application of NRGs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that NCI orders
any service from this Agreement.
Customer Record Search applies when NCI requests a summary of the services currently
subscribed to by the end-user.
Ordering and Provisioning:
Engineered lnitial 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 lnitial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
lnitial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating from Frontier to NCl. Complex Services are
services that require a data gathering form or have special instructions.
Non-Engineered lnitial Service Order - Changeover applies only to Basic Services for
services migrating from Frontier to NCl. 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 NCI's
order into Frontier's Secure lntegrated 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 NCI requests service
prior to the standard due date intervals.
Coordinated Conversion applies if NCI requests notification and coordination of service
cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if NCI 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 1S-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
NCI lD Comp v4 02 22 12 177
lll.Prices for Unbundled Network Elements3
Monthly Recurring Chargesa
Local Loop
2 Wire Analog Loop (inclusive of NID)
4 Wire Analog Loop (inclusive of NID)
2 Wire Digital Loop (inclusive of NID)
4 Wire Digital Loop (inclusive of NID)
DS-1 Loop
DS-3 Loop
Supplemental Features:
ISDN-BRI Line Loop Extender
DS1 Clear Channel Capability
Sub-Loop
2-Wire Distribution
4-Wire Distribution
2-Wire Drop
4-Wire Drop
lnside Wire
Network lnterface Device (leased separately)
Basic NID:
Complex (12 x) NID
Dedicated Transport Facilities
I nteroffi ce Dedicated Transport
IDT DSO Transport Facility per ALM
IDT DSO Transport Termination
IDT DS1 Transport Facility per ALM
IDT DS1 Transport Termination
IDT DS3 Transport Facility per ALM
IDT DS3 Transport Termination
Multiplexing (Dedicated Transport)
DSl to Voice Multiplexing
DS3 to DSI Multiplexing
DS1 Clear Channel Capability
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
BFR
$
$
$
45.00
67.00
45.00
67.00
160.31
320.38
5.06
26.00
26.04
45.64
5.57
5.91
1.80
1.90
0.13
12.90
1.91
45.00
25.15
234.14
194.78
550.00
26.00
3 For the avoidance of any doubt, in adclition to any rates and drarges set forth herein, Frontier,
effective as of March 11, 2005, may, but shall not be required to, charge (and ...CUSTOMER ACRONYM*.. shall pay)
any rates and charges that apply to a CLEC'S 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 lndustry Notices, access tariff rates and/or other applicable non-UNE rates may apply for certain facillties and
arrangements that are no longer available as unbundled network elements or combinations thereof.
n ln compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC
Docket No. 9&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
Frontieis web site, at htto://www.qte.com/wise for former GTE service areas and htto://www.bell-
atl.com/wholesale/html/resources.htm for former Bell Atlantic service areas.
NCI lD Comp v4 02 22 '12
Unbundted Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
lntermediate Office Cross Connect
67.13
$ 24.80$ 6.34
TBD
NCI lD Comp v4 0222 12 179
EEL Pricing
MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL anangement (e.9. UNE Loop, lDT, Multiplexing, & Clear
Channel Capability).
NCI lD Comp v4 O2 22 12 180
Line Splifting (also referred to as "Loop Sharing")s 6
A. Unbundled Local Loops
B. Other Charges
As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurring Charges as amended from time to time.
lncludes, 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 ln, Out, and Dispatch Expedites, lnstallation
Dispatch, Manual lntervention, Expedited, Digital Designed
Recurring and Non-Recurring Chargesi. Regrade $9.59 NRC
ii. *Service Connection*Service Gonnection/Other
A second Service Connection
NRC and Service Connection/
Other NRC applies on New
Loop Sharing Arrangements
involving the connection ofboth voice and data
connections.
A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.
iii. Disconnect
iv. Line and Station Transfers
/Pair Swaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arrangements.
As Applicable per this Appendix A.G. Gollocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
lnstallation Rates)
u Rates for the individual line splitting components are contained in existing terms for Unbundled
Network Elements and Collocation.
u This Pricing Athchment incorporates by reference the rates set forth in the Agreement for the
services and charges referenced herein. ln 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 b require Frontier to
provide a service that tre Agreement does not require Frontierto provide.
NCI ID Comp v4 0222 12
NON.RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
Ordering and Provisioning
Loop:
Engineered lnitial Service Order (lSO)
Non-Engineered ISO
Central Office Connection
Outside Facility Connection (See Note 1)
NID:
tso
Outside Facility Connection
Custom Handling
Manual Ordering Charge
Service Order Expedite:
Engineered Loop LSRs
All Other LSRs
Coordinated Conversions:
rso
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour:
tso
Central Offi ce Connection
Outside Facility Connection
Hot Coordinated Conversion per Additional Quarter Hour:
rso
Central Office Connection
Outside Facility Connection
$
$
$
$
$
$
$
$
$
$
$
$
$
166.32
4.21
294.07
49.31
12.21
68.30
33.38
42.69
12.17
25.80
3.36
17,76
10,71
9.59
30.55
42.83
38.34
6.40
't0.71
9.59
Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment
of a new unbundled loop service.
NCI lD Comp v4 02 22 12
NON-RECURRING CHARGES - OTHER UNEs
LOCAL WHOLESALE SERVICES
UNBUNDLED SUB.LOOP
Exchange - FDI Distribution lnterconnection - lnitial
Exchange - FDI Distribution lnterconnection - Subsequent
Exchange - Serving Terminal lnterconnection - lnitial
Exchange - Serving Terminal lnterconnection - Subsequent
UNBUNDLED DARK FIBER
Advanced - Service lnquiry Charge
Advanced - lnteroffice Dedicated Transport - lnitial
Advanced - Unbundled Loop - lnitial
lntermediate Office Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
Advanced - Basic (2-wire and 4-wire)- lnitial
Advanced - Basic (2-wire and 4-wire)- Subsequent
DS1/DS3 - lnitial
DS1/DS3 - Subsequent
DS3 to DSI Multiplexer
DS1 to DSO Multiplexer
Ghangeover Gharge - (Convercion from Specia! Access to EELs
or Transport)
Advanced - Basic (2-wire and 4-wire) Changeover (As ls)
Advanced - Basic (2-wire and 4-wire) Changeover (As ls)-
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As ls)
Advanced - Complex (DS1 and above) Changeover (As ls)-
Additional MOG (Mass Order Generator)Only
$161.87
$7.52
$179.37
$7.52
Orderlng
100%
Manual
Ordering ProvlsionlngSemi- lnitialMech. Unit
$ 36.32
$ 15.01
$ 36.32
$ 15.01
$ 26.88
$ 11.83
$ 26.88
$ 11.83
$ 61.90 $ 30.36
$ 16.ee $ 7.22
$ 28.99 $ 1s.51
$ 13.23 $ 6.41
ENHANGED EXTENDED LINK WITH MANUAL AND SEM!-MECHANIZED OPTIONS) - Loop portion ( ln
addition, IDT charges apply if applicable to the EEL arrangement)
$405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
$ 88.39
$ 38.02
$ 97.94
$ 38.02
N/A
N/A
$405.65
$ 64.57
$ 64.57
$ 56.13
$ 21.89
$ 65.68
$ 21.89
N/A
N/A
$99.77
$4.s6
$1',17.27
$4,56
N/A
$267.28
$261.86
N/A
$224.68
$220.43
$12.21 N/A
$ 12.21 N/A$12.21 N/A
$ 12.21 N/A
$450.00 N/A
$800.00 N/A
$41.64 N/A$41.64 N/A
$41.64 N/A$41.64 N/A
NCI lD Comp v4 0222 12 183
LOOP GONDITIONING?
(No charge for loops 12,000 feet or less)
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
LINE AND STATION TRANSFER8
INTEROFFICE DEDICATED TRANSPORT (lDT)( Also applies to
IDT portion of an EEL arrangement)
Advanced - Basic(2-wire and 4-wire) - lnitial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DSl and above) - lnitial
Advanced - Complex (DS1 and above) - Subsequent
EXPEDITES
Exchange Products
Advanced Products
OTHER
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
N/A
N/A
N/A
$
$
N/A
N/A
N/A
N/A
$318.71
$249.91
$568.62
$ 34.88$--
$ 34.88
N/A $'147.75 N/A
$428.58 N/A
$ 58.20 N/A
$584.49 N/A
$ 86.80 N/A
$ 95.49
$ 45.12
$105.04
$ 45.12
$ 63.01
$ 28.77
$ 72.56
$ 28.77
3.36
25.80
3.36
25.80
N/A
N/A
N/A
N/A
N/A
$
$
N/A
N/A
N/A
N/A
N/A
$4.21 $ -
$166.32 $166.32$40.96 $40.96
' These charges are interim and subject to retroactive true back to the Efiective Date ofthis
Agreement.u A Line and Station Transfer (LST) Charge applies when Frontier arranges or rearanges an individual
circuit at a terminal or cross-connect box to ftee up a pair or suitable facility at the required service location; examples
include an arrangement of copper to DLC, the reanangement of IDLC to copper and the rearrangement of IDLC to UDLC.
NCI lD Comp v4 02 22 12 184
ROUTINE NETWORK MODIFIGATIONS,
Engineering Query1o
Engineering Work Orderll
Expedite Engineering Querylo 12
Expedite Engineering Work Orderll 12
Clear Defective Pair
Reassignment of Non-Working Cable Pair
Binder Group Rearrangement
Repeater - I nstallation
Apparatus Case - lnstallation
Range Extenders - DSO lnstallation
Range Extenders - DSI lnstallation
Channel Unit to Universal/Cotted DLC System (existing)
Serving Terminal - lnstallation/Upgrade
Activate Dead Copper Pair
Multiplexer -110 - lnstallation
Multiplexer - 1 l0 - Reconfiguration
Multiplexer -311 - lnstallation
Multiplexer - 311 - Reconfiguration
Multiplexer - Other - lnstallation
Move Drop
Cross-Connection - Existing Fiber Facility
Line Card - lnstallation
Copper Rearrangement
Central Office Terminal - lnstallation
IDLC Only Condition
Other Requ ired Modifi cations
OTHER
Commingled Arrangements - per circuit NRC
Conversion - Service Order
Conversion - lnstallation per circuit
Circuit Retag - per circuit
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$ 183.99 N/A
$ 94.40 N/A
$ +r.oz N/A
$ 27.94 N/A
$ 272.35 N/A
$272.35 N/A
$ 529.77 N/A
$1,597.10 N/A
$2,992.81 N/A
$ 809.72 N/A
$ 809.72 N/A
$170.30 N/A
Time and N/A
Material
$ 199.90 NiA
$12,211.41 N/A
$170.30 N/A
$26,981.19 N/A
$382.34 N/A
Time and N/A
Material
$109.28 N/A
$346.93 N/A
$314.63 N/A
$482.90 N/A
$35,307.87 N/A
$36,847.28 N/A
Time and N/A
Material
$ 50.00 N/A
$ 19.33 N/A$ t.zt N/A
$ 59.43 N/A
n 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.9., services, facilities, anangements and
the like for which an unbundling requirement does not exist under 47 U.S.C. Section 25t(cX3)). 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 b charges for achral network modification and Engineering Work
Order charges where applicable.
1' Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering
Query charges where applicable.
'2 Expedite Charges apply in addition to other listed rates.
NCI lD Comp v4 0222'12
Dark Fiber - Dark Fiber Routine Network Modifications N/A N/A Time and N/A
Material
Application of NRGs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that NCI orders
any service from this Agreement.
Customer Record Search applies when NCI requests a summary of the services currently
subscribed to by the end-user.
Ordering and Provisioning:
lnitial Service Order (lSO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.9. for a faxed order) or
Semi-Mechanized (e.9. 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 LSF/ASR when no engineering work activity is required to
complete the order.
Provisioning - lnitial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same lSO.
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 NlD.
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 lSO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DS1 Clear Channel Capability applies in addition to the lSO, per DS1 for the installation
and grooming of DSI Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
NCI ID Comp v4 0222 12 186
Service lnquiry - 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, lDT, 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 NCI requests service prior to the standard due date
intervals and the expedite request can be met by Frontier.
Coordinated Conversion applies if NCI requests notification and coordination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if NCI 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 1S-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.
NCI lD Comp v4 0222 12 187
Rates and Gharges for 911
See State Access Tariff.
NCI lD Comp v4 02 22 12
Gollocation Rates
Non-Recurring Prices
Engineering Gosts
Engineering/Major Augment Fee
Minor Augment Fee
Access Gard Administration (New/Replacement)
Gage Grounding Bar
DC Power
Engineering
Cable Pull/Termination
Ground Wire
Overhead Superstructure
Facitity Gable or Fiber Optic Patchcord Pull/Termination
Engineering
Facility Cable Pull
Fiber Optic Patchcord Pull
DSO Cable Termination
DSl Cable Termination
DS3 Coaxial Cable Termination (Preconnectorized)
DS3 Coaxial Cable Termination (Unconnectorized)
Fiber Optic Patchcord Termination
Fiber Gable Pull
Engineering
Place lnnerduct
PullCable
Cable Fire Retardant
Fiber Gable Splice
Engineering
Splice Cable
BITS Timing
Monthlv Recurring Prices
Caged Floor Space including Shared Access Area
DC Power
Building Modification
Environmental Conditioning
Facility Termination
DSO
DS1
D53
Fiber Optic Patchcord
Cable Rack Space - Metallic
Cable Rack Space - Fiber
per occurrence
per occurrence
per card
per bar
per project
per cable
per wire
per project
per project
per cable run
per cable run
per 100 pair
per 28 pair
per termination
per termination
per termination
per project
per lin ft
per lin ft
per occurrence
per project
per fiber
per project
per sq ft
per load amp
per request
per load amp
per 100 pr
per 28 pr
per DS3
per connector
per cable run
per innerduct ft
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
$1 ,129.00
200.00
22.00
1,437.55
75.43
1341.62
18.12
2,440.00
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
'1.00
42.00
31.00
70.00
307.00
5.00
14.79
201.00
2.28
4.00
16.00
11.00
1.01
2.00
0.02
NRC
NRC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
ED RATES
lncrement NRC / MRC Rate
NCI lD Comp v4 0222 12
rION RATES
Fiber Optic Patchcord
Manhole Space - Fiber
Subduct Space - Fiber
Cable Vault Splice
Fiber Gable - 48 Fiber
Material
Fiber Cable - 96 Fiber
Material
BITS Timing
Space per cable run
per project
per lin ft
per splice
per splice
per occurrence
0.56
6.00
0.04
MRC
MRC
MRC
MRC
MRC
10.00
27.00
11.00
NCI lD Comp v4 02 22 '12 190
TION RATES
Non-Recurrinq Prices
Engineering Costs
Engineering/Major Augment Fee
Minor Augment Fee
Access Gard Administration (New/Replacement)
DC Power
Engineering
Cable Pull/Termination
Ground Wire
Overhead Superstructure
Facility Gable or Fiber Optic Patchcord Pul!/Termination
Engineering
Facility Pull
Fiber Optic Patchcord Pull
DSO Cable Termination
DS1 Cable Termination
DS3 Coaxial Cable Termination
(Preconnectorized)
DS3 Coaxial Cable Termination
(Unconnectorized)
Fiber Optic Patchcord Termination
Fiber Gable Pull
Engineering
Place lnnerduct
PullCable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable
BITS Timing
Monthlv Recurrinq Prices
Relay Rack Floor Space
DC Power
Building Modification
Environmental Gonditioning
Facility Termination
DSO
DS1
DS3
Fiber Optic Patchcord
Cable Rack Space - Metallic
Cable Rack Space - Fiber
Fiber Optic Patchcord Duct Space
Manhole Space - Fiber
per occurrence
per occurrence
per card
per project
per cable
per wire
per project
per project
per cable run
per cable run
per 100 pair
per 28 pair
per termination
per termination
per termination
per project
per lin ft
per lin ft
per occurrence
per project
per fiber
per project
per lin ft
per load amp
per request
per load amp
per 100 pr
per 28 pr
per DS3
per connector
per cable run
per innerduct ft
per cable run
per project
$1,129.00
200.00
22.00
75.43
1341.62
18.12
2,440.00
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
1.00
42.00
31.00
70.00
307.00
20.00
14.79
201.00
2.28
4.00
16.00
11.00
1.01
2.00
0.02
0.56
6.00
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
NCI lD Comp v4 02 22 12
GOLLOGATION RATES
lncrement NRC / MRC Rate
per lin ft MRC 0.04Subduct Space - Fiber
Cable Vault Splice
Fiber Gable - 48 Fiber
Material
Fiber Gable - 96 Fiber
Material
BITS Timing
per splice
per splice
per occurrence
MRC
MRC
MRC
10.00
27.00
11.00
NCI lD Comp v4 02 22 12 192
COLLOCATION
Elements lncrement NRC / MRC Rate
Non-Recurrinq Prices
Engineering Fee
Facility Pull
Facility Termination
DSO Cable
Connectorized
Unconnectorized
DSl Gable
Connectorized
Unconnectorized
DS3 (Coaxial) Gable
Connectorized
Unconnectorized
Fiber
Monthlv Recurrinq Prices
Facility Termination
DSO
DS1
DS3
Cable Vault Space
Fiber Gable - 48 fiber
Space Utilization
Fiber Cable - 96 fiber
Space Utilization
Cable Rack Space
Metallic DSO
Metallic DS1
Fiber
Coaxial
per occurrence
1 linft
per 100 pr
per 100 pr
per 28 pr
per 28 pr
per DS3
per DS3
per fiber term
$958.00
5.00
42.00
2.00
32.00
2.00
11.00
70.00
4.00
16.00
'11.00
NRC
NRC
NRC
NRC
NRC
NRC
NRC
per 100 pr
per 28 pr
per coaxial
per subduct
per subduct
1 linft
1linft
per innerduct ft
1linft
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
1.00
1.00
0.01
0.01
0.02
0.01
NCI lD Comp v4 0222'12
'TION RATES
Increment NRC / MRC Rate
Non-Recurring Prices
Engineering Costs
Engineering/Major Augment Fee
Equipment lnstallation
Software Upgrades
Card lnstallation
DC Power
Engineering
Cable Pull/Termination
Ground Wire
per occurrence
per quarter rack
per base unit
per card
per project
per cable
per wire
per project
per cable run
per cable run
per 100 pair
per 28 pair
per termination
per termination
per termination
per project
per lin ft
per lin ft
per occurrence
per project
per fiber
per project
per quarter rack
per load amp
per load amp
per 100 pr
per 28 pr
per DS3
per connector
per cable run
per innerduct ft
per cable run
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
557.81
3,474.25
96.08
222.52
75.43
1341.62
18.12
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
1.00
42.00
31.00
70.00
307.00
82.15
14.79
2.28
4.00
16.00
11.00
1.01
2.00
0.02
0.56
Facility Cable or Fiber Optic Patchcord Pull/Termination
Engineering
Facility Cable Pull
Fiber Optic Patchcord Pull
DSO Cable Termination
DS't Cable Termination
DS3 Coaxial Cable Termination
(Preconnectorized)
DS3 Coaxial Cable Termination
(Unconnectorized)
Fiber Optic Patchcord Termination
Fiber Cable Pull
Engineering
Place lnnerduct
PullCable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable
BITS Timing
Monthlv Recurrinq Prices
Equipment Maintenance
DC Power
Environmenta! Gonditioning
Facility Termination
DSO
DS1
DS3
Fiber Optic Patchcord
Cable Rack Space - Metallic
Cable Rack Space - Fiber
Fiber Optic Patchcord Duct Space
NRC
NRC
NRC
MRC
MRC
MRC
NCI lD Comp v4 02 22 12
COLLOGATION RATES
lncrement NRC / MRC Rate
Manhole Space - Fiber
Subduct Space - Fiber
Gable Vault Splice
Fiber Cable - 48 Fiber
Material
Fiber Cable - 96 FiberMaterial per splice MRC 27.00
BITS Timing per occurrence MRC 11.00
per project MRC 6.00
per lin ft MRC 0.04
per splice MRC 10.00
NCI lD Comp v4 02 22 12 195
RATES
lncrement NRC / MRC
Non-Recurrino Prices
Augment Fee
Facility Pull
Engineering
Labor
Building Penetration for Microwave Cable
Special Work for Microwave
Monthlv Recurrinq Prices
Rooftop Space
per occurrence
per project
per linear ft
per occurrence
per occurrence
per sq ft
NRC
NRC
NRC
NRC
NRC
998.92
76.00
1.12
rcB
rcB
MRC 4.65
NCI lD Comp v4 02 22 12
DEDICATE,D TRANSIT SERVICE COLLOCATION RATES
Elements lncrement NRC / MRC Rate
Non-Recurring Prices
DS0
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
DSl/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
Lit Fiber
per order
per order
per jumper
per order
per order
per order
per jumper
per order
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
21.89
38.02
7.20
64.95
21.89
38.02
17.59
78.57
tcB
NCI lD Comp v4 0222 12 197
TION SERVICES
Increment NRC / MRC Rate
Labor:
Overtime lnstallation Labor
Overtime Repair Labor
Additional lnstallation Testing Labor
Standby Labor
Testing & Maintenance with Other Telcos, Labor
Other Labor
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
pair
Facility Cable-DSl Cable (Connectorized)
Facility Cable-DS3 Coaxial Cable
Fiber Optic Patchcord - 24 Fiber (Connectorized)
Power Cable-Wire Power 1/0
Power Cable-Wire Power 2lO
Power Cable-Wire Power 3/0
Power Cable-Wire Power 4/0
Power Cable-Wire Power 350 MCM
Power Cable-Wire Power 500 MCM
Power Cable-Wire Power 750 MCM
Facility Cable - Category 5 Connectorized
Collocation Space Report
per rates below
per rates below
per rates below
per rates below
per rates below
per rates below
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per linear ft
per premise
$42.83
21.41
'100.00
75.00
'150.00
125.00
324.00
301.00
82.00
810.30
91.00
132.00
146.00
180.00
307.00
428.00
658.00
1.07
1,218.00
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NCI lD Comp v4 0222 12
DESCRIPT]ON AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Enoineerinq/Maior Auqment 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 Virtualcollocation 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.
Enqineerinq/Maior Auoment Fee (Microwave Onlv). 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 sufflcient 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 Auqment 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.
Caqe Groundinq 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 Timinq. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. lf 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.
Facilitv Cable or Fiber Ootic Patchcord Pullffermination-Enoineerino. The Facility Cable or Fiber
Optic Patchcord Pullffermination-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.
NCI lD Comp v4 O222 12 199
Facilitv 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-Enqineerino. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pulling the CLEG's fiber cable, when necessary, into Frontier's
central office.
Fiber Cable Pull-Place lnnerduct The Fiber Cable Pull-Place lnnerduct charge is applied per
linear foot to cover the cost of placing innerduct. lnnerduct 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 CLEC's fiber cable into Frontier's centraloffice.
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-Enoineerino. 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 Charqes. 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. lf Frontier provides these cables, the applicable Cable
Material Charge will be charged.
Adiacent Enqineerinq 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.
Adiacent Facilitv 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.
NCI lD Comp v4 02 22 12 200
Collocation Space 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.
FaciliV Pull (Microwave Onlv). 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.
Buildinq 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.
Soecial 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 individualcase basis.
Virtual Equipment lnstallation. The Virtual Equipment lnstallation 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, ftame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the installation of splifters.
Virtual Sofh,vare Upqrade. The Virtual Software Upgrade charge is applied per base unit when
Frontier, upon CLEC request, installs softarare to upgrade equipment for an existing Virtual
Collocation arrangement.
Virtual Card lnstiallation. The Virtual Card lnstallation 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 tum-up for DS0, 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 DS0,
DS1, DS3, and dark fiber circuits for DTS.
NCI lD Comp v4 02 22 12 201
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caoed Floor Soace. 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.
Relav 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 Soace-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 Frontie/s cable rack system.
Fiber Ootic Patchcord Duct Soace. 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.
Facilitv 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 Timinq. 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.
Buildino 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 Conditioninq. The EnvironmentalConditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
NCI lD Comp v4 0222 12 202
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 Soace. 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 Equioment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the maintenance of splitters.
NCI lD Comp v4 02 22 12 203
EXHIBIT A TO SECTTON 3.1 (FTBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements
for
NCI. FRONTIER COMMUNICATIONS NORTHWEST ING.
Fiber Meet Arrangement No. [fi
The following technical specifications and requirements will apply to NCI - Frontier
Communications Northwest lnc. Fiber Meet Arrangement [NUMBER] (.FM No. [XX]"):
1. 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
NCI's [NAME OF TANDEM/END OFFICE]in the State of ldaho. A diagram of FM No.
[)fi] is included as Exhibit A-1.
2. Fiber Meet Points ("FMPs").
2.1 FM No. [)fi] will be configured as shown on Exhibit A-1. FM No. [)tX] 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 lnterface Device ('FNID') at [POLE )fi,
STREET YY, TOWN ZZ, STATEI and terminate I I 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. 1. Frontier will provide a fiber stub at the fiber patch panel in Frontier's
FNID for NCI to connect I I strands of its fiber cable I I connectors.
Frontier's FNID will be locked, but Frontier and NCI will have 24 hour access to
their respective side of the fiber patch panel located in Frontier's FNID.
2.3 NClwill provision a FNID at [POLE XX, STREET YY, TOWN ZZ, STATE] and
terminate I I strands of its fiber optic cable in the FNID. The FNID
provisioned by NClwill be a [MANUFACTURER, MODEL]. NClwill bear the cost
of installing and maintaining its FNID. The fiber patch panelwithin NCI's FNID
will serve as FMP No. 2. NCI will provide a fiber stub at the fiber patch panel in
NCI's FNID for Frontier to connect I I strands of its fiber cable. NCI's FNID
will be locked, but NCI and Frontier will have 24 hour access to their respective
side of the fiber patch panel located in NCI's FNID.
3. Transmission Characteristics.
3.1 FM No. [)fi] will be built [as a ring configuration].
3.2 The transmission interface for FM No. [XX]will be [Synchronous Optical Network
("soNEr)1.
NCI lD Comp v4 02 22 12 204
Terminating equipment shall comply with [SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11)1.
The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
The optical transmission rate will be [Unidirectional] OC-[XX].
The path switch protection shall be set as [Non-Revertive].
3.7 Frontier and NCI shall provide [Primary Reference Source traceable timing].
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 NCI 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 NCI will, at its own cost, obtain and install (at its own premise) its own Add Drop
Multiplexer. NCI 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, NCI 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 NCI's Add Drop Multiplexer.
4.3 NCI and Frontier will monitor all firmware upgrades and changes to observe for
any failures or anomalies adversely affecting service or administration. lf any
upgrade or change to firmware adversely affects service or administration of FM
No. [XX], the firmware willbe 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
NClAdd Drop Multiplexers of FM No. [XX].
Testinq.
5.1 Prior to turn-up of FM No. [)fi], Frontier and NCI will mutually develop and
implement testing procedures for FM No. [XX]
Connectinq Facilitv Assiqnment ("CFA") and Slot Assiqnment Allocation ("SAA").
6.1 For one-way and two-way trunk arrangements, the SM information will be
turned over to NCI 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 NCI will control the CFA for
the subtending facilities and trunks connected to NCI's slots. NClwill place
facility orders against the first half of lhe fully configured slots (for example, slots
1-6 of a fully configured OC12) and [:rontier will place orders against the second
3.3
3.4
3.5
3.6
4.
5.
6.
NCI lD Comp v4 0222 12 205
7.
half of the slots (for example, slots 7-12). lf 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 SM, Frontier and NCI shalljointly designate the slot
assignments for Frontier's Add Drop Multiplexers and NCI's Add Drop Multiplexer
in FM No. [XX].
6.3 For two-way trunk arrangements, NCI shall control the CFA for the subtending
facilities and trunks connected to FM No. [XX]. NCI shall place facility and trunk
orders against the total available SAA capacity of FM No. [XX].
lnventorv, Provisioninq and Maintenance. Surveillance, and Restoration.
7.1 Frontier and NCI will inventory FM No. [XX] in their operational support systems
before the order flow begins.
7.2 Frontier and NCI will notiff 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 Pafi 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.
[)fi] transport facilities on Frontier's side of the FMPs, as well as delivering its
applicable traffic to the FMPs. NCI will be responsible for the provisioning and
maintenance of the FM No. [)tX] transport facilities on the NCI'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 NCI will provide alarm surveillance for their respective FM No. [XX]
transport facilities. Frontier and NCI 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.
Cancellation or Modification of FM No. [XXl.
8.1 Except as othenruise 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 lf either Party terminates the construction of the FM No. [)fi] before it is used to
exchange traffic, the Party terminating the construction of FM No. pfilwill
compensate the other Party for that Party's reasonable actual incurred
construction and/or implementation expenses.
8.3 lf either Party proposes to move or change FM No. [XX] as set forth in this
document, at any time before or after it is used to exchange traffic, the Party
requesting the move or change will compensate the other Party for that Party's
reasonable actual incurred construction and/or implementation expenses.
Augments, moves and changes to FM No. [XX] as set forth in this document
must be mutually agreed upon by the Parties in writing.
8.
NCI lD Comp v4 0222 12 206
**CUSTOMER**FRONTIER COMMUNICATIONS NORTHWEST
tNc.
TO BE EXECUTED AT A LATER DATE
NCI lD Comp v4 0222 12 207
Exhlblt A-l
NCI. FRONTIER COMMUNICATIONS NORTHWEST INC.
Flber Meet Arrangement No. [XX]
Gity, State
NCI lD Comp v4 02 22 12 208