20151119Application.pdf

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November 6,2015
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise,lD 83720-0074
Dear Ms. Jewell: V ZN'T' l''01
Attached for filing and approval are one original plus three copies of an Interconnection
Agreement between Frontier Communications Northwest Inc., Citizens Telecommunications
Company of Idaho and New Cingular Wireless PCS, LLC. This agreement replaces the
agreements filed in Docket No. GTE-T-99-03 and CTC-T-98-01.
Please call me at(972) 908-4415 if youhave any questions.
Sincerely,
805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone [phone]
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Kim Douglass
Manager
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AGREE[ENT
by and betvueen
New Clngular YUhelesr PCS, LLG on behalf of ltself and its Commertlal toblte Radlo
Servlce ("CilRS") Opera0ng Afftliates
and
Frontler Gommunlcatlons Northwost lnc.
Citizens Telecommunlcations Gompany of ldaho
Forthe State of
ldaho
ATT Moblllty tD GMRS ICA Final04 23 15.doe010111
TABLE OF CONTENTS
IAMENDED, EXTENDED AND RESTATEDI AGREEMENT.......... ............................1
Term and Termination ,..................2
Applicable Law..............,.........2
Assignment
10. Confidentiality...............
11. Counterparts ..........9
12- Default ,............9
13. Discontinuance of Service by AT&T Mobility .................9
14. Dispute Resolution. ..................9
15. Force Majeure................ ............9
16. Forecasts... ...........10
17. Fraud
19. Headings.......,........................1 0
1.
2.
3.
4.
5.
6.
7.
8.
9.
Law Enforcement """""""."""""""""""14
Liability
20.
21.
22.
23.
24.
25.
ATT Mobility lD CMRS ICA Final 04 23 15.doc
26.
27.
28.
29.
30.
31.
32.
33.
35.
37.
38.
39.
40.
41.
42.
43.
Ordering and Maintenance ...........
Performance Standards ..18
Point of Contact for AT&T Mobility Gustomers. ...........18
Predecessor Agreements ................ ...........19
Publicity and Use of Trademarks or Service Marks...... ...................19
References. ..........19
Relationship of the Parties ................. ........20
Reservation of Rights..... .........20
18
34.
35.
Subcontractors .................
Successols and Assigns .
..........................21
.21
Suryival.......
Taxes...........
,..........................21
........................21
Technology Upgrades ......
U. Third Party Beneficiaries................. ...........23
45. flhis Section lntentionally Left Blank] ......24
46. 252(i) Obligations........... ..........24
47. Use of Service ......24
49. Warranties .............24
.............2450. Withdrawal of Services ....
SIGNATURE PAGE
GLOSSARY .............27
.----........271. GeneralRule
ATT Mobility lD CMRS ICA Final ()4 23 1S.doc
2. Definitions ............27
ADDITTONAL SERVICES ATTACHMENT............... .........38
1. Voice lnformation Seruice Traffic ..............38
TWO-WAY WTRELESS ATTACHMENT............... .............39
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
General....... ..........39
Points of Interconnection and Trunk Types ................39
Alternative lnterconnection Arrangements...,..,... .........43
lnitiating lnterconnection............. ...............43
Transmission and Routing of Telephone Exchange Service Traffic..................43
Trunking Measurement and Billing Over lnterconnection Trunks.....................45
Reciprocal Compensation Arrangements Pursuant to Section 251(b)(5) of the
......................45
Other Types of Traffic .............46
Transmission and Routing of Exchange Access Traffic Pursuant to 251(cX2) 46
Meet-Point Billing (MPB) Arrangements................ .......46
Toll Free Service Access Gode (e.9., 800/888/877)Traffic ..............46
Tandem Transit Traffic......... ......................46
Number Resources, Rate Centers Areas and Rating Points...............................47
Joint Network Implementation and Grooming Process; and lnstallation,
Maintenance, Testing and Repair ..............48
9111E-9ll Arrangements for CMRS Not Gonstituting Fixed Wireless Services5l
ALI Database.................. ..........51
911/E-9{ I lnterconnection ............. .............52
911/E-9{1 General....... ............53
Phase ll Wireless Arrangements................. ...................53
coLLocATloN ATTACHMENT ---.-....-.........50
1. Frontier's Provision of Co11ocation.................. .-............50
9l{ WIRELESS ATTACHMENT.......... ..........51
1.
2.
3.
4.
5.
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
flhis Section lntentionally Left Blank]
AT&T Mobility Prices.... ...........55
t.
2.
3.
ATT Mobility lD CMRS ICA Flnal (X 23 15.doc iv
IAMENDED, EXTENDED AND RESTATEDI AGREEMENT
PREFACE
This Agreement ("Agreement") shall become effective on the date of Commission approval;
however, the Parties agree to implement the provisions of this Agreement effective Januayl,
2015, (the "Effective Date'), between New Cingular Wireless PCS, LLC, and its Commercial
Mobile Radio Service operating affiliates, a Delaware limited liability company on behalf of itself
and its Commercial Mobile Radio Service ("CMRS') operating affiliates in the State, d/b/a AT&T
Mobility ('AT&T Mobility'), with offices al1025 Lenox Park Blvd NE, Atlanta, GA 30319 and
Frontier Communications Northwest lnc., a Washington corporation and Citizens
Telecommunications Company of ldaho, a Delaware corporation, (collectively "Frontier"), with
office at 401 Merritt 7, Norwalk, CT 06851 (Frontier and AT&T Mobility 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 oi the Telecommunications Act of 1996, Frontier and AT&T
Mobility hereby agree as follows:
1. The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Party that has been accepted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Party, shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)" shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Party. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject matter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject matter hereof,
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and, as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would othenryise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). ln connection with
the foregoing, Frontier expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
ATT Mobility lD CMRS ICA Final Ol 23 1s.doc
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Frontier and AT&T Mobility.
1.4 Except as othenryise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Party.
2. Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
until January 1,2017 (the "lnitial Term"). Thereafter, this Agreement shall
continue in force and effect unless and until cancelled or terminated as provided
in this Agreement.
2.2 Either AT&T Mobility 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 wriften notice of termination at least ninety (90) days in
advance of the date of termination.
2.3 lf either AT&T Mobility or Frontier provides notice of termination pursuant to
Section 2.2 and on or before the proposed date of termination either AT&T
Mobility 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 AT&T Mobility and
Frontier; or, (b) the date one (1) year after the proposed date of termination.
2.4 lf either AT&T Mobility or Frontier provides notice of termination pursuant to
Section 2.2 and by 1 1:59 PM Eastem Time on the proposed date of termination
neither AT&T Mobility nor Frontier has requested negotiation of a new
interconnection agreement, (a) this Agreement will terminate at 1 1:59 PM
Eastern Time on the proposed date of termination, and (b) the Services being
provided under this Agreement at the time of termination will be terminated,
except to the extent that the Purchasing Party has requested that such Services
continue to be provided pursuant to an applicable Tariff or Statement of
Generally Available Terms (SGAT).
3. Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
Two-Way Wireless Attachment
Wireless - 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.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 2
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 notify the other Party in writing of any governmental
action that limits, suspends, cancels, withdraws, or otherwise materially affects,
the notifying Party's ability to perform its obligations under this Agreement.
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 one hundred and twenty (120) days of the effective date
of such decision, determination, action or change, the Parties are unable to
agree in writing upon mutually acceptable revisions to this Agreement, either
Party may pursue any remedies available to it under this Agreement, at law, in
equity, or otherwise, including, but not limited to, instituting an appropriate
proceeding before the Commission, the FCC, or a court of competent jurisdiction,
without first pursuing dispute resolution in accordance with Section 14 of this
Agreement.
4.6.'l Notwithstanding Section 4.6 above, to the extent Frontier is required
by a change in Applicable Law to provide to AT&T Mobility a Service
that is not offered under this Agreement to AT&T Mobility, 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 negotiated by the Parties in the
absence of an applicable tariff or , as mutually agreed by the Parties in
a wriften 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 an 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
4.2
4.3
4.4
4.5
4.6
4.7
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
5.
to be provided to AT&T Mobility hereunder, then Frontier may discontinue the
provision of any such Service, payment or benefit, pursuant to 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.
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, wlrich consent shall not be unreasonably withheld, conditioned or delayed,
provided, a Party may assign this Agreement, or any portion thereof, without consent to
an affiliate, as defined in 47 U.S.C. 153(1). Any such assignment shall not, in any way,
affect or limit the rights and obligations of the Parties under the terms of this Agreement.
Assurance of Payment
6.1 Upon request by Frontier, AT&T Mobility 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.
Assurance of payment of charges may be requested by Frontier if AT&T Mobility
(a) prior to the Effective Date, has failed to timely pay a bill rendered to AT&T
Mobility by Frontier or its Affiliates, (b) on or after the Effective Date, fails to
timely pay a bill rendered to AT&T Mobility 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.
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 satisfaclory to Frontier
from a financial institution acceptable to Frontier. The letter of credit shall be in
an amount equal to two (2) months anticipated charges (including, but not limited
to, both recurring and non-recurring charges), as reasonably determined by
Frontier, for the Services to be provided by Frontier to AT&T Mobility in
connection with this Agreement. lf AT&T Mobility 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 AT&T Mobility 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.
Intentionally Left Blank].
Intentionally Left Blank].
Frontier may (but is not obligated to) draw on the letter of credit upon notice to
AT&T Mobility in respect of any amounts to be paid by AT&T Mobility hereunder
that are not paid within thirty (30) days of the date that payment of such amounts
is required by this Agreement.
6.
6.2
6.3
6.4
6.5
o.o
ATT Mobility lD CMRS ICA Final (X 23 15.doc
6.8
lf Frontier draws on the letter of credit, upon reguest by Frontier, AT&T Mobility
shall provide a replacement or supplemental letter of credit conforming to the
requirements of Section 6.3.
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 AT&T Mobility has provided Frontier with such assurance of
payment.
The fact that a letter of credit is requested by Frontier hereunder shall in no way
relieve AT&T Mobility 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
7.1 Except as may be othenryise 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.
7.2 The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party. The accountants shall be reasonably
acceptable to the Audited Party. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Party in a form reasonably
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants. The audit shalltake place at
a time and place agreed upon by the Parties; provided, that the Auditing Party
may require that the audit commence no later than sixty (60) days after the
Auditing Party has given notice of the audit to the Audited Party.
7.3 Each Party shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party's bills.
7.4 Audits shall be performed at the Auditing Party's expense, provided that there
shall be no charge for reasonable access to the Audited Party's employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party's bills.
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(s) of Washington and
Delaware and has full power and authority to execute and deliver this Agreement
and to perform its obligations under this Agreement.
8.2 AT&T Mobility represents and warrants that it is a corporation duly organized,
validly existing and in good standing under the laws of the State of Delaware,
ATT Mobility lD CMRS ICA Final (X 23'lS.doc
6.7
6.9
7.
8.
9.
and has full power and authority to execute and deliver this Agreement and to
perform its obligations under this Agreement.
8.3 AT&T Mobility Certification.
Notwithstanding any other provision of this Agreement, Frontier shall have no
obligation to perform under this Agreement until such time as AT&T Mobility has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in the State of Washington. AT&T
Mobility shall not place any Orders under this Agreement until it has obtained
such authorization. AT&T Mobility shall provide proof of such authorization to
Frontier upon request.
Billing and Payment; Disputed Amounts
9.1 Except as otherwise provided in this Agreement, each Party shall submit to the
other Party on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
9.2 Except as othenrise provided in this Agreement, payment of amounts billed for
Services provided under this Agreement, whether billed on a monthly basis or as
otherwise provided in this Agreement, shall be due, in immediately available U.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the billing Party's statement; or (b) twenty (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electronic funds transfer. 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.
9.3 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.iYo) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
9.4 All charges for services billed under this agreement that are not billed according
to a specific tariff, shall be billed within one (1) year from the time the charges
was incurred; previously unbilled charges more than one (1) year from the time
the charge was incurred shall not be billed by either Party, and shall not be
payable by either Party. ln addition, the Parties shall not dispute charges for
services dated more than 12 months from the date the service was billed. lf the
charged Party does submit a dispute for charges billed after 12 months from the
date of the invoice, the billing Party has no responsibility to research such
dispute or provide any adjustment for those services billed. All services billed
under a Frontier tariff shall follow the rules and regulations of such tariff and are
not subject to this Section 9.5.
Confidentiality10.
ATT Mobility lD CMRS ICA Final 04 23 15.doc
10.1 As used in this Section 10, 'Confidential lnformation' 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:
10.2
10.2.1
10.2.2
Books, records, documents and other information disclosed in an audit
pursuant to Section 7;
Any forecasting information provided pursuant to this Agreement;
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);
information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietary'; and
any information that is communicated orally or visually and declared to
the Receiving Party at the time of disclosure, and by wriften notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be 'Confidential" or 'Proprietary".
use the Confidential lnformation received from the Disclosing Party
only in performance of this Agreement; and
using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential 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, officers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confldential 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.
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
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 pursuantto Sections 10.1.5 or 10.1.6.
Except as otherwise provided in this Agreement, the Receiving Party shall:
Afi Mobility lD CMRS ICA Final O4 23 1S.doc
10.3 The Receiving Party shall return or destroy all Confidential lnformation received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential 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 othenrtlse agreed, the obligations of Sections '10.2 and 10.3 do not apply
to information that:
10.4.'l 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 entig 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 otherwise 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, including, 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.
ATT Mobility lD CMRS ICA Final 04 23 15.doc
11.
12.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
Gounterparts
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 9.2 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.
This Section lntentionally Left Blank
Dispute Resotution
'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 attempt to reach a good faith resolution
of the dispute. Upon agreement, the Parties' representatives may utilize other
alternative dispute resolution procedures such as private mediation to assist in
the negotiations.
14.2 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 boycofts), inability to obtain
equipment, parts, software 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
13.
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ATT Mobility lD CMRS ICA Final 04 23 1s.doc
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,
AT&T Mobility shall provide to Frontier forecasts regarding the Services that AT&T
Mobility expects to purchase from Frontier, including, but not limited to, forecasts
regarding the types and volumes of Services that AT&T Mobility expects to purchase and
the locations where such Services will be purchased.
Fraud
AT&T Mobility 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 AT&T Mobility's account in cases of, fraud by AT&T
Mobility's Customers or other third parties. Frontier assumes responsibility for all fraud
associated with its Customers and accounts. AT&T Mobility shall bear no responsibility
for, and shall have no obligation to investigate or make adjustments to Frontier's account
in cases of, fraud by Frontier's Customers or other third parties.
Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed.
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") shall indemniff, 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,
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19.
20.
18.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 10
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the lndemnifying Party, the
lndemnifying Pafi'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 lndemnification Process.
20.2.1
20.2.2
20.2.3
20.2.4
20.2.5
20.2.6
20.2.7
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.
An lndemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
The lndemnified Person: (a) shall give 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,
seftling, 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.
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 indemnify, defend and hold
harmless the lndemnified Person with respect to such Claim under this
Agreement.
Subject 1o20.2.6 and20.2.7, below, the lndemnifying Party shall have
the authority to defend and settle any Third Party Claim.
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 shallthe lndemnifying Party seftle 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
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
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 seftlement or judgment.
20.2.8 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.
20.2.9 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 implead 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 Pafty'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.
21. lnsurance
21.1 AT&T Mobility shall maintain during the term of this Agreement and for a period
of two years thereafter all insurance required to satisfy its obligations under this
Agreement (including, but not limited to, its obligations set forth in Section 20
hereof) and all insurance required by Applicable Law. The insurance shall be
obtained from an insurer having an A.M. Best insurance rating of at least A-,
financial size category Vll or greater. At a minimum and without limiting the
foregoing undertaking, AT&T Mobility 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 liability,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence and in the
aggregate. AT&T Mobility may use any combination of primary and
excess to meet required limits
21.1.2 Commercial MotorVehicle Liability lnsurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence. AT&T Mobility may use any
combination of primary and excess to meet required limits.
21.'1.3 This Section lntentionally Left Blank
21.1.4 Excess Liability lnsurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence and in the
aggregate.
21.1.5 Worker's Compensation lnsurance as required by Applicable Law and
Employer's Liability lnsurance with limits of not less than $1,000,000
ATT Mobility lD CMRS ICA Final M 23 1s.doc
per occurrence. AT&T Motrility may self insure where filed and
approved by state regulators.
2'1.1.6 All risk property insurance on a full replacement cost basis for all of
AT&T Mobility's realand personal property located at any Collocation
site or otherwise located on or in any Frontier premises (whether
owned, leased or othenrise occupied by Frontier), facility, equipment
or right-of-way. AT&T may self insure this coverage.
21.2 Any 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, . All Retentions shall be the
responsibility of AT&T Mobility.
21.3 AT&T Mobility shall include Frontier and Frontier's Affiliates as additional
insureds on the general liability, auto liability and excess liability insurance
policies .
21.4 AT&T Mobility shall, within two (2) weeks of the Effective Date hereof at the time
of each renewal of, or material change in, AT&T Mobility'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: Director-
Carrier Services, 63 Stone Street, Rochester, NY 14604.
21.5 AT&T Mobility shall endeavor or to 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 AT&T Mobility or AT&T Mobility'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.
2'1.7 AT&T Mobility shall provide at least thirty (30) days advanced written notice to
Frontier of any cancellation or non renewal of any required coverage that is not
replaced.
22. lntellectual Property
22/l 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,
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
22.4 AT&T Mobility 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 AT&T Mobility, directly or through a third party, of any such terms,
conditions or restrictions that may limit any AT&T Mobility use of a Service
provided by Frontier that is othenrise permitted by this Agreement. At AT&T
Mobility'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 AT&T Mobility 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. AT&T Mobility 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.
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.
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ATT Mobility lD CMRS ICA Final 04 23 15.doc 14
25.Liability
25.1 As used in this Section 25, "Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
25.2 Except as otherwise stated in Section 25.5, the liability, if any, of a Party, a
Party's Affiliates, and the directors, officers and employees of a Party and a
Party's Affiliates, to the other Party, the other Party's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
25.3 Except as otherwise stated in Section 25.5, a Party, a Party's Afiiliates, and the
directors, officers and employees of a Party and a Party's Affiliates, shall not be
liable to the other Party, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibility of such damages.
25.4 The limitations and exclusions of liability stated in Sections 25.1 through 25.3
shall apply regardless of the form of a claim or action, whether statutory, in
contract, warranty, strict liability, tort (including, but not limited to, negligence of a
Party), or othenruise.
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.
25.5.3 This Section lntentionally Left Blank;
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 This Section lntentionally Left Blank
Network Management26.
ATT Mobility lO CMRS ICA Final 04 23 15.doc 15
26.1 Coooeration. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. AT&T Mobility 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 willwork cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent trafflc 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 Responsibilitv for Followino Standards. Each Party recognizes a responsibility to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service, network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
26.3 lnterference or lmpairment. 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
interruption in Customer service) or as otherwise provided in this
Agreement, the lmpaired Party shall have given the lnterfering Party at
least ten business (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 Outaoe Repair 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 Ghanges
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) calendar days in advance of such change, and shall use
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reasonable efforts, as commercially practicable, to publish such notice at least one
hundred eighty (180) calendar days in advance of the change; provided, however, that if
an earlier publication of notice of a change is required by Applicable Law (including, but
not limited to, 47 CFR 51.325 through 51 .335) notice shall be given at the time required
by Applicable Law.
29. Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29.1.1 shallbe 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, and
29.1.3 shall be delivered to the following addresses of the Parties:
To AT&T Mobility:
AT&T Mobility
1 AT&T Way
Room 4A105
Bedminster, NJ 07921
Attn: Director Financial Analysis
Phone: [phone]
Email: [e-mail]
With copy to:
AT&T Services, lnc.
LegalDepartment
208 S. Akard Street
Dallas, TX75202
Attn: Interconnection Agreement Counsel
Fax:[phone]
To Frontier:
Director-Business Operations - Carrier Services
Frontier Communications
63 Stone Street
Rochester, NY 14604
Phone: [phone]
Email: [e-mail]
ATT Mobility lD CMRS ICA Final O4 23 15.doc 17
With a copy to:
Frontier Communications
Attn:VP & Deputy General Counsel
2378 Wilshire Blvd
Mound, MN 55364
Phone: [phone]
Email: [e-mail]
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.
AT&T Mobility shall notify Frontier, by written notice pursuant to this Section 29,
of any changes in the addresses or other AT&T Mobility contact information
identified under Section 29.1.3 above.
Ordering and Maintenance
AT&T Mobility shalluse 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 AT&T Mobility to
perform a pre-ordering, ordering, provisioning, maintenance or repair, transaction offered
by Frontier, AT&T Mobility 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 AT&T Mobility shall provide Services under this Agreement in accordance with
the performance standards required by Applicable Law.
Point of Contact for AT&T Mobility Customers
32.1 AT&T Mobility shall establish telephone numbers and mailing addresses at which
AT&T Mobility Customers may communicate with AT&T Mobility and shall advise
AT&T Mobility Customers of these telephone numbers and mailing addresses.
32.2 Except as otherwise agreed to by Frontier, Frontier shall have no obligation, and
may decline, to accept a communication from a AT&T Mobility Customer,
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ATT Mobility lD CMRS ICA Final 04 23 15.doc 18
33.
including, but not limited to, a AT&T Mobility Customer request for repair or
maintenance of a Frontier Service provided to AT&T Mobility.
Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.1.1 This Section lntentionally Left Blank; 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 lhe Act and in effect
prior to the Effective Date, shall as of the Effective Date be subject to
and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month, and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the Service will be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Party may elect to cancel the
commitment.
33.3 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 othenruise 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.
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.
34.2 Neither Party may imply any direct or indirect affiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Frontier or third party guides, practices or
34.
35.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 19
35.
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).
Relationship of the Parties
36.1
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.
36.3 Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permifted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
36.4 Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
36.5 Except as otherwise expressly provided in this Agreement, no Party undertakes
to perform any obligation of the other Party, whether regulatory or contractual, or
to assume any responsibility for the management of the other Party's business.
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 any statute, regulation, decision
or order upon which this Agreement and any provision of this Agreement is
based (c) to seek changes in this Agreement (including, but not limited to,
changes in rates, charges and the Services that must be offered) through
changes in Applicable Law; (d) to challenge the lawfulness and propriety of, and
to seek to change, any Applicable Law, including, but not limited to any rule,
regulation, order or decision of the Commission, the FCC, or a court of applicable
jurisdiction; and (e) to collect debts owed to it under any prior interconnection or
resale agreements. Nothing in this Agreement shall be deemed to limit or
prejudice any position a Party has taken or may take before the Commission, the
FCC, any other state or federal regulatory or legislative bodies, courts of
applicable jurisdiction, or industry fora. The provisions of this Section shall
survive the expiration, cancellation or termination of this Agreement.
37.
ATT Mobility lD CMRS ICA Final (X 23 15.doc 20
38.
37.2 AT&T Mobility acknowledges AT&T Mobility 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.
Subcontractorc
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 Party for
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Party
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
41.2 Taxes lmposed on the Providino Partv or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Party, and such
Applicable Law permits the Providing Party to exclude certain receipts received
from sales to a public utility, distributor, telephone company, local exchange
carrier, telecommunications company or other communications company
('Telecommunications Company'), such exclusion being based on the fact that
the Purchasing Party is also subject to a tax based upon receipts ("Receipts
Tax'), then the Purchasing Party shall pay and remit the Receipts Tax as
required by Applicable Law.
41.3 This Section lntentionallv Left Blank
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
39.
40.
41.
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
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
4',1.5.2
41.5.3
41.5.4
41.5.5
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. Neither Party shall initiate credit claims or bill the other
Party for previously unbilled, under-billed or over-billed Taxes
associated with charges for Services provided under this Agreement
that were provided more than twelve (12) months from the end of the
calendar month in which the associated Services are rendered. This
section does not apply to services billed pursuant to either Parties
tariff.
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,lhen, 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.
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,
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
lf the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Party and the
Purchasing Party, (a) the Providing Party shall be liable for any Tax
imposed on its receipts and (b) the Purchasing Party shall be liable for
any interest assessed thereon and any penalty assessed upon the
Providing Party with respect to such Tax by the applicable taxing
authority.
This Section lntentionally Left Blank
ATT Mobility lD CMRS ICA Final (X 23 1s.doc
41.6 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.
41.7 Notices. All notices, affidavits, exemption-certificates or other communications
required or permitted to be given by either Party to the other, for purposes of this
Section 41, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
well as to the following:
To Frontier:
Frontier Communications
Tax Department
63 Stone Street
Rochester, NY 1460
To AT&T Mobility:
Executive Director - Tax
Rm 28118G
1 AT&T Way
Bedminster, NJ 07921
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 Upgrades
Notwithstanding any other provision of this Agreement, Frontier shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Frontier, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate AT&T Mobility's ability to provide
service using certain technologies. Nothing in this Agreement shall limit Frontier's ability
to modify its network through the incorporation of new equipment or software or
otherwise. AT&T Mobility shall be solely responsible for the cost and activities
associated with accommodating such changes in its own network.
Territory
43.1 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 AT&T Mobility 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
42.
43.
4.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 23
45.
46.
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.
flhis 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 AT&T Mobility of any rights it may have under
Section 252(i) results in the rearrangement of Services by Frontier, AT&T Mobility shall
be solely liable for all costs associated therewith, as well as for any termination charges
associated with the termination of existing Frontier Services.
This Section Intentionally Left Blank
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
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY. WARRANTIES OF FITNESS FOR A
PARTICULAR PU RPOSE. WARRANTI ES AGAI N ST I NFRI NGEM ENT, 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
AT&T Mobility.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may with thirty (30) days prior wriften notice
to AT&T Mobility terminate any provision of this Agreement that provides for the
payment by Frontier to AT&T Mobility 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 AT&T Mobility.
Following such termination, except as otherwise agreed in writing by the Parties,
Frontier shall be obligated to provide compensation to AT&T Mobility 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
47.
48.
49.
50.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 24
sole discretion, Frontier shall be obligated to provide compensation to AT&T
Mobility 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.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 25
SiGNATURE PAGE
lN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effective Date.
New ClngularWlreless PCS, LLC,
and lts Commerclal Mobile Radio Servlce
Prlnted: David Handal
Title: Carrier Relations Director
Frontier Communicatlong Northwest !nc. and
Cltlzens Telecommunicatlons Company of ldaho
,r.fu2 n>' 'l
Prlnted: Mlchael Danlel
Title: SVP, Carrier Sales and Services
ATT Moblllty lD CMRS ICA Flnal 04 23 15.doc 2A
1.
GLOSSARY
GeneralRule
1.1 The provisions of Sections 1.2 through 1 .4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the AcL Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall' and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
Definitions
Act.
The Communications Act of '1934 (47 U.S.C. $151, et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
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 managed by Frontier that contains
company lD, Call Back Number, pANl number, and other information used to
process caller location records.
Ancillary Traffic.
2.
2.1
2.2
2.3
2.4
2.5
2.6
ATT Mobility lD CMRS ICA Final 04 23 15.doc 27
All traffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: Directory Assistance,
9111E911, Operator Services (lntraLATA call completion), lntral-ATA third party,
collect and calling card, 800/888 database query, LIDB, and Voice lnformation
Services Traffic as described in Section '1 of the Additional Services Attachment.
2.7 Applicable Law.
All effective laws, government regulations and government orders, applicable to
each Party's performance of its obligations under this Agreement.
2.8 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.
2.9 Business Day.
Monday through Friday, except for holidays observed by Frontier.
2.10 Calendar Quarter.
January through March, April through June, July through September, or October
through December.
2.11 Calendar Year.
January through December.
2.12 Call Back Number.
A number used by the PSAP to re-contact the location from which the 911/E-911
call was placed. The number may or may not be the number of the station used
to originate the 911/E-911 Call.
2.13 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.
2.14 CellSector.
A geographic area defined by AT&T Mobility (according to AT&T Mobility's own
radio frequency coverage data), and consisting of a certain portion or all of the
total coverage area of a Cell Site.
2.15 CellSite.
The AT&T Mobility's fixed radio transmitting and receiving facilities for carrying
wireless traffic from/to the AT&T Mobility Wireless End User.
2.'16 CentralOffice.
A local switching system for connecting lines to lines, lines to trunks, or trunks to
trunks for the purpose of originating/terminating calls over the public switched
ATT Mobility lD CMRS ICA Final M 23 15.doc 28
telephone network. A single Central Office may handle several Central Office
codes ("NXX"). Sometimes this term is used to refer to a telephone company
building in which switching systems and telephone equipment are installed.
2.17 CentralOfficeSwitch.
A switch used to provide Telecommunications Servlces, including, but not limited
to, an End Office Switch or a Tandem Switch. A Central Office Switch may also
be employed as a combination End Office/Tandem Office Switch.
2.18 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 attomey's
fees).
2.19 This Section lntentionally Left Blank
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.
2.20 CLL|Codes.
Common Language Location ldentifier Codes.
2.21 CMRS (CommercialMobile Radio Services).
A radio communications service between mobile stations or receivers and land
stations, or by mobile stations communicating among themselves that is provided
for profit and that make interconnected service available to the public or to such
classes of eligible users as to be effectively available to a substantial portion of
the public. AT&T Mobility is or shortly will become a CMRS provider.
2.22 Commission.
ldaho Public Service Commission
2.23 Controlling 911 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 911/E-911 services, operations and systems within a defined
jurisdiction.
2.24 CPN (Calling Party Number).
A CCS parameter that identifies the calling party's telephone number.
2.25 CPNI (Customer Proprietary Network lnformation).
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. S 222.
2.26 Customer.
A third party residence or business end-user subscriber to services provided by
either of the Parties.
ATT Mobility lD CMRS ICA Final (x 23'ls.doc 29
2.27 Default PSAP.
The PSAP designated by the Controlling 911 Authority to receive ag11lE-9'l'l
Callwhen it is not feasible to route that 911/E-911 Callto the Designated PSAP.
2.28 Designated PSAP.
The primary PSAP designated by the Controlling 911 Authority to receive a
911/E-911 Call based upon the pANl passed with the 911/E-911 Call.
2.29 DigitalSignalLevel.
One of several transmission rates in the time-division multiplex hierarchy.
2.30 DS1(Digital Signal Level 1).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
2.31 DS3 (DigitalSignal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
2.32 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, seftlement 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 the Alliance for Telecom lndustry Solutions.
2.33 End Office Switch or End Office.
A switching entity that is used to terminate Customer station Loops for the
purpose of interconnection to each other and to trunks.
2.34 ESRD (Emergency Service Routing Digits).
A 1O-digit North American Numbering plan that uniquely identifies a base station,
Cell Site, or sector that may be used to route emergency call through the
network.
2.35 Exchange Access.
Shall have the meaning set forth in the Act.
2.36 flntentionally Left Blank].
2.37 FCC.
The Federal Communications Commission.
2.38 FCC lnternet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, ln the
Matter of lmplementation of the Local Competition Provisions in the
Telecommunications Act of 1996, lntercarrier Compensation for ISP Bound
ATT Mobility lD CMRS ICA Final 04 23 15.doc 30
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 Orde/');
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, ln the Mafter of High-Cost Universal Seruice Support; Federal-State
Joint Board on UniversalService; Lifeline and Link Up; Universal Seruice
Contribution Methodology; Numbering Resoyrce Optimization; lmplementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified lntercanier Compensation Regime; lntercarrier
Compensation for ISP-Bound Traffic; lP-Enabled Servrbes, 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/').
2.39 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.40 This Section lntentionally Left Blank
2.4'l Host ALI Record.
A data record resident in the primary i.e., host, ALI system for a PSAP.
2.42 ILEC (lncumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.43 lnformationAccess.
The provision of specialized exchange telecommunications services in
connection with the ori gination, term ination, transm ission, switchin g, forwardi n g
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.
2.44 lnternet Traffic.
Any traffic that is transmitted to or returned from the lnternet at any point during
the duration of the transmission.
2.45 lnterLATAService.
Shall have the meaning set forth in the Act.
2.46 lntraLATA.
Telecommunications that originate and terminate within the same LATA.
2.47 lnterMTA Traffic.
Telecommunications Traffic that at the beginning of the call originates and
terminates in different MTA's. Unless a more accurate study method is available,
the Parties have agreed to use a factor for the determination of interMTA Traffic
by using both the Calling/Called MTA jurisdiction and the JIP/Called MTA
jurisdiction. lf both methods show the call to be lnterMTA the call will be
classified as lnterMTA. lf either the JIP/Called MTA method OR the
ATT Mobility lD CMRS ICA Final Ol 23 15.doc 31
Calling/Called method shows lntraMTA it will be classified as lntraMTA. lf a
traffic study conducted demonstrates that a different interMTA factor is
appropriate, the Parties shall so amend the contract, with the new factor to apply
from the Effective Date of the amendment forward. The agreed upon factor is
located in the Pricing Appendix of this Agreement.
2.48 lntraMTA Traffic.
Telecommunications traffic that at the beginning of the call originates in one MTA
and terminates in the same MTA. Unless a more accurate study method is
available, the Parties have agreed to use a factor for the determination of
interMTA Traffic by using both the Calling/Called MTA jurisdiction and the
JIP/Called MTA jurisdiction. lf both methods show the call to be lnterMTA the call
will be classified as lnterMTA. lf either the JIP/Called MTA method OR the
Calling/Called method shows lntraMTA it will be classified as lntraMTA. lf a
traffic study conducted demonstrates that a different interMTA factor is
appropriate, the Parties shall so amend the contract, with the new factor to apply
from the Effective Date of the amendment fonarard. The agreed upon factor is
located in the Pricing Appendix of this Agreement.
2.49 IXC (lnterexchange Carrier).
A Telecommunications Canier that provides, directly or indirectly, lnterLATA or
lntraLATA Telephone Toll Services.
2.50 LATA (LocalAccess and Transport Area).
Shall have the meaning set forth in the Act.
2.51 LEC (Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.52 LERG (Local Exchange Routing Guide).
A Telcordia Technologies reference containing NPA/NXX routing and homing
information.
2.53 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).
2.54 This Section lntentionally Left Blank
2.55 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 the Alliance for Telecommunications lndustry Solutions (ATIS). The
MECAB document, published by Telcordia Technologies as Special Report SR-
BDS-000983, 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.
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
2.56
2.57
2.58
2.59
2.60
MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - lndustry Support lnterface).
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 the Alliance for
Telecommunications lndustry Solutions (ATIS). The MECOD document,
published by Telcordia Technologies as Special Report SR-STS-002643,
establishes methods for processing orders for Exchange Access Service that is
to be provided by two or more LECs.
Intentionally Left Blank].
MTA (Major Trading Area).
Major Trading Area as defined by the FCC Regulations, Part24.202(a).
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.
NCAS.
Non-Call Path Associated Signaling.
2.61 911/E-911 Call(s).
Call(s) made by AT&T Mobility end user by dialing the three digit telephone
number'911' (and, as necessary, pressing the "Send" or analogous transmitting
button) on a wireless handset to facilitate the reporting of an emergency requiring
response by a public safety agency.
2.62 911/E-911 Service Provider.
An entity authorized to provide E-91'1 network and database services within a
particular jurisdiction.
2.63 NPA (Numbering Plan Area).
2.64
Also sometimes refened to as an area code, is the first three-digit indicator of
each 1O-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
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.
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).
ATT Mobility lD CMRS ICA Final 04 23 15.doc 33
2.65 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).
2.66 Originating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMlTelcordia Practice BR-010-200-
01 0.
2.67 PAM Protocol.
The bi-directional ALI-to-ALl real-time steering interface which supports
intersystem queries. This interface allows an ALI database serving a PSAP to
query a second ALI database for ALI data that is not resident in the ALI Database
serving the PSAP.
2.68 pANl (Pseudo Automatic Number ldentification).
A non-dialable telephone number used to support routing of wireless 911/E-911
Calls to a PSAP. pANl may identify a wireless cell, Cell Sector or PSAP to which
the callshould be routed. pANl is also known as routing number, Emergency
Service Routing Digits (ESRD) and Emergency Service Routing Key (ESRK).
2.69 Phase ll.
Shall have the meaning stated in Report and Order and Further Notice of
Proposed Rulemaking, ln the Matter of Revision of the Commission's Rules to
Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC
Docket 94-102, RM-8143 (rel. July 26, 1996).
2.70 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 Two-Way Wireless 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 Wire Center or
Frontier End Office Wire Center but, notwithstanding any other provision of this
Agreement or otherwise, would not include a AT&T Mobility Wire Center, AT&T
Mobility switch or any portion of a transport facility provided by Frontier to AT&T
Mobility or another party between (x) a Frontier Wire Center or switch and (y) the
Wire Center or switch of AT&T Mobility or another party.
2.7'l 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 Attachments.
2.72 Providing Party.
A Party offering or providing a Service to the other Party under this Agreement.
ATT Mobility lD CMRS ICA Final O4 23 15.doc 34
2.73 PSAP.
Public Safety Answering Points.
2.74 Purchasing Party.
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.75 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.
2.76 Rate Center Point.
A specific geographic point, defined by a V&H coordinate, located within the Rate
Center Area and used to measure distance for the purpose of billing for distance-
sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Office location,
or a "LEC Consortium Point of lnterconnection".
2.77 ReciprocalCompensation.
The anangement 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 Two-Way Wireless Attachment).
2.78 ReciprocalCompensationTraffic.
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 within the same MTA (i.e. intraMTA as defined in Section 2.48 above),.
Reciprocal Compensation Traffic does pl 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) lnterMTA Traffic, as defined in Section 2.47 above; (3)
special access, private line, Frame Relay, ATM, or any other traffic that is not
switched by the terminating Party; (4) tandem transit traffic; or, (5) Voice
lnformation Service Traffic (as defined in Section 5 of the Additional Services
Attachment); .
2.79 Routing Number.
The number used to support the routing of wireless 911 Calls. lt may identify a
wireless Cell Sector or PSAP to which the call should be routed. ln NCAS, the
Routing Number (identified in standard documents as Emergency Services
Routing Key "ESRK") is a ten-digit number translated and out pulsed from a Cell
Sector identifier at the service control point that routes the 911 Call to the
appropriate PSAP. The Routing Number is also the search-key from a PSAP
query to an ALI database for a Host ALI Record with a matching Routing
ATT Mobility lD CMRS ICA Final 04 23 15.doc
Number.
2.80 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.
2.81 Service.
Any lnterconnection arrangement, Telecommunications Service, Collocation
arrangement, or other service, facility or arrangement, offered by a Party under
this Agreement.
2.82 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 AT&T Mobility
currently utilize this out-of-band signaling protocol.
2.83 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Exchange Access. 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.
2.84 Tandem Switch.
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Office Switches and
between and among End Office Switches and carriers'aggregation points, points
of termination, or points of presence, and to provide Switched Exchange Access
Services.
2.85 Tariff.
2.85.1 Any applicable Federal or state tariff of a Party, as amended from
time-to-time;or
2.85.2 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) ol the Act.
2.86 TelcordiaTechnologies.
Telcordia Technologies, lnc., formerly known as Bell Communications Research,
ATT Mobility lD CMRS ICA Final (x 23 15.doc 36
lnc. (Bellcore).
2.87 TelecommunicationsCarrier.
Shall have the meaning set forth in the Act.
2.88 TelecommunicationsServices.
Shall have the meaning set forth in the Act.
2.89 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.90 Terminating Switched Access Detail Usage Data.
A category 110'lXX record as defined in the EMlTelcordia Practice BR-010-200-
01 0.
2-91 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.
2.92 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
'Environmental LaW' or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws' means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.93 This Section lntentionally Left Blank
2.94 This Section lntentionally Left Blank
2.95 Wire Center.
A building or portion thereof which serves as the premises for one or more
Central Offices Switches and related facilities.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 37
1.
ADDITIONAL SERVICES ATTACHM ENT
Voice lnformation Service Traffic
1.1 For purposes of this Section 1, (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 Two-Way Wireless Attachment.
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
1.
TWO.WAY WIRELESS ATTACHM ENT
General
Frontier shall provide to AT&T Mobility, 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 Wire Center or Frontier End Office Wire Center
but, notwithstanding any other provision of this Agreement or otherwise, would not
include a AT&T Mobility Wire Center, AT&T Mobility switch or any portion of a transport
facility provided by Frontier to AT&T Mobility or another party between (x) a Frontier Wire
Center or switch and (y) the Wire Center or switch of AT&T Mobility 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 Interconnection and Trunk Types
2.1 Points of lnterconnection.
Each Party, at its own expense, shall provide transport facilities to the technical
feasible Points(s) of lnterconnection on Frontier's network in a LATA selected by
AT&T Mobility.
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 Tvpe 2A lnterconnection Trunks for the transmission and
routing of Reciprocal Compensation Traffic, Tandem
Transit Traffic, all in accordance with Sections 5 through
8 of this Attachment Type 2A arrangements and variations
are in accordance with Telcordia Technologies Technical
Reference GR-145-Core, lssue 2,May 1998, as in effect
from time to time (or any successor thereto). ln the event of
a conflict between GR-145-Core and requirements of this
Agreement, this Agreement shall govern.
2.2.1.2 Type 28 lnterconnection Trunks for the transmission and
routing of Reciprocal Compensation Traffic, all in
accordance with Sections 5 through 8 of this Attachment.
Type 28 arrangements and variations are in accordance
with Telcordia Technologies Technical Reference GR-
145-Core, lssue 2, May 1998, as in effect from time to
time (or any successor thereto). ln the event of a conflict
between GR-145-Core and requirements of this
Agreement, this Agreement shall govern.
2.2.1.3 Access Toll Connectino Trunks for the transmission and
routing of interexchange Access traffic and AT&T Mobility
2.
ATT Mobility lD CMRS ICA Final O4 23 1S.doc
2.2.2
2.2.3
2.2.4
2.2.5
lnterMTA Traffic, including lnterLATA toll free service
access code (e.9., 800/888/877) traffic, between AT&T
Mobility Customers and purchasers of Switched Exchange
Access Service via a Frontier Tandem, pursuant to
Section 251(c)(2) of the Act, in accordance with Sections
9 through 11 of this Attachment.
2.2.'1.4 Auxiliarv Connections to a Frontier End Office used on a
one-way basis by AT&T Mobility for access to services
provided by Frontier pursuant to a Frontier Tariff including,
but not limited to, basic 91 1, operator services and
directory assistance. Any use of an Auxiliary Connection
other than as specified in this Agreement is outside the
scope of this Agreement and such usage is subject to
charges associated with the services for which such
Auxiliary Connection is used by AT&T Mobility. SS7
signaling may not be available with a Frontier Auxiliary
Connection.
2.2.1.4.1 Where feasible, Frontier and AT&T Mobility will
use commercially reasonable efforts to replace
Auxiliary Connections with Type 2A or 28
I nterconnection Trunks.
2.2.1.5 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to, (1) choke trunks for
traffic congestion and testing; (2) untranslated
lntraLATA/lnterLATA tollfree service access code (e.9.
800/888/877) traffic.
Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.9., 911/E911 Trunks,
lnformation Services 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.
This Section lntentionally Left Blank
AT&T Mobility 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
AT&T Mobility originates calls for Frontier to terminate. Nothing in this
paragraph, nor anything in any other portion of the agreement, shall
require the Parties to modify their current interconnection
arrangements. New POls (i.e., those not existing as of the Effective
Date of this Agreement) shall be established only upon the mutual
agreement of the Parties.
ln the event the traffic volume between a Frontier End Office and a
technically feasible Point of lnterconnection on Frontier's network in a
LATA, which is carried by a FinalTandem lnterconnection Trunk
group, exceeds the Centum Call Second (Hundred Call Second) busy
hour equivalent of one (1) DS1 at any time and/or 200,000 minutes of
use for a single month: if Two-Way lnterconnection Trunks are used,
then AT&T Mobility shall promptly submit an ASR to Frontier to
establish new or augment existing End Offlce Two-Way
ATT Mobility lD CMRS ICA Final 04 23ls.doc 40
2.3
2.4
lnterconnection Trunk group(s) between that Frontier End Office and
the technically feasible Point of lnterconnection on Frontier's network.
This Section lntentionally Left Blank
Two-Way I nterconnection Trunks.
2.4.1
2.4.2
2.4.3
2.4.4
2.4.5
Where the Parties use Two-Way lnterconnection Trunks for the
exchange of traffic between Frontier and AT&T Mobility, AT&T
Mobility, 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, (b) if Frontier offers such transport pursuant
to this Agreement or an applicable Frontier Tariff, from
Frontier.
When AT&T Mobility orders Facilities from Frontier, AT&T shall be
responsible for 70o/o of the recurring and non-recurring two-way facility
and Frontier will be responsible for 30% of the recurring and non-
recurring two-way facility. Up to two (2) times per year the Parties
agree to review traffic volumes at a mutually agreeable time and adjust
the billing percentages according to the then relative usage and
formalize any change with an amendment to this Agreement. Any
change to the relative use factor will, pursuant to this Section 2.4.2will
be based on intraMTA traffic only. lnterMTA traffic and transit traffic
will not be taken into account when determining the relative usage on
any two-way facility. The Parties agree, AT&T will bill Frontier for the
portion of the facilities Frontier is responsible for.
Prior to establishing any Two-Way lnterconnection Trunks, AT&T
Mobility 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 Second
(Hundred Call Second) information, and the Parties shallmutually
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 shall also mutually agree on the
conversion process and project intervals for conversion of such One-
Way lnterconnection Trunks to Two-Way lnterconnection Trunks.
This Section lntentionally Left Blank
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
I nterconnection Trunks.
ATT Mobility lD CMRS ICA Final (X 23 15.doc
2.4.6
2.4.7
2.4.8
2.4.9
2.4.10
2.4.11
2.4.12
Two-Way lnterconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilize BSZS and Extended Super
Frame (ESF) DSI facilities, where available.
With respect to End-Office Two-Way lnterconnection Trunks, both
Parties shall use an economic Centum Call Second (Hundred Call
Second) equal to five (5).
Two-Way lnterconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design-blocking objective
of Neal-Wilkinson B.005 during the average time consistent busy hour.
Two-Way 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 AT&T Mobility shall engineer Two-Way Interconnection Trunks
using Telcordia Notes on the Networks SR-2275 (formerly known as
BOC Notes on the LEC Networks SR-TSV-002275).
The performance standard for final Two-Way lnterconnection Trunk
groups shall be that no such lnterconnection Trunk group will exceed
its design-blocking objective (8.005 or 8.01, as applicable) for three
(3) consecutive calendar traffic study months.
AT&T Mobility 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
lnterconnection Trunk group. AT&T Mobility shall order Two-Way
Interconnection Trunks by submitting ASRs to Frontier sefting 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. AT&T Mobility shall
complete ASRs in accordance with OBF Guidelines as in effect from
time to time.
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 AT&T Mobility has not notified
Frontier that it has corrected such blocking, Frontier may submit to
AT&T Mobility a Trunk Group Service Request directing AT&T Mobility
to remedy the blocking. Upon receipt of a Trunk Group Service
Request, AT&T Mobility 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 (7OYo), or
greater, to determine whether those groups should be augmented.
AT&T Mobility will promptly augment allTandem 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 (70o/o),
unless the Parties agree that additional trunking is not required. For
each Tandem Two-Way lnterconnection Trunk group with a utilization
ATT Mobility lD CMRS ICA Final 04 23 1s.doc 42
3.
4.
level of less than sixty percent (60%), unless the Parties agree
otherwise, AT&T Mobility 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 AT&T Mobility fails to submit an ASR
for Two-Way lnterconnection Trunks in conformance with this Section,
Frontier may bill AT&T Mobility for the excess lnterconnection Trunks
at the applicable Frontier rates.
2.4.13 Because Frontier will not be in control of when and how many Two-
Way lnterconnection Trunks are established between its network and
AT&T Mobility'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 othenrrrise required by Applicable Law, under any FCC
or Commission approved carrier-to-carrier performance assurance
guidelines or plan.
2.4.14 AT&T Mobility 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
callfrom AT&T Mobility to a Frontier End Office will first be routed to
the End Office lnterconnection Trunk group between AT&T Mobility
and the Frontier End Office.
This Section lntentionally Left Blank
lnitiating Interconnection
4.1 lf AT&T Mobility 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, AT&T Mobility 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) AT&T Mobility's intended lnterconnection
activation date; and (d) a forecast of AT&T Mobility'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 lnterconnection 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 the AT&T Mobility's
notice provided for in Section 4.1 of this Attachment, Frontier and AT&T Mobility
shall confirm the technically feasible Point of lnterconnection on Frontier's
network in the new LATA and the mutually agreed upon lnterconnection
activation date for the new LATA.
Transmission and Routing of Telephone Exchange Service Traffic
5.1 Scope of Traffic.
5.
ATT Mobility lD CMRS ICA Final O4 23 15.doc 43
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
5.2.2
5.2.3
5.2.4
lf AT&T Mobility 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 Two-Way lnterconnection Trunks are provisioned using a DS3
interface facility, if AT&T Mobility orders the multiplexed DS3 facilities
to a Frontier Central Office that is not designated in the NECA 4 Tariff
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.
When SS7 signaling is not used, unless mutually agreed to by both
Parties, each Party will outpulse ten (10) digits to the other Party.
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.
Switching System Hierarchy and Trunking Requirements.
For purposes of routing AT&T Mobility traffic to Frontier, the subtending
arrangements between Frontier Tandem Switches and Frontier End Office
Switches shall be the same as the Tandem/End Office subtending arrangements
that 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 according to the Local
Exchange Routing Guide (LERG)). AT&T Mobility shall route Frontier traffic in
the same manner AT&T Mobility routes its own or other carriers' traffic.
Signaling.
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions of this Agreement and any
applicable Tariff.
Grades of Service.
5.3
5.4
5.5
ATT Mobility lD CMRS ICA Final (N 23 1s.doc
b.
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.
Trunking 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.
6.1.'1 This Section Left lntentionally Left Blank
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
applicable rate for each relevant minute of traffic for which CPN is
passed. For any remaining (up to 5%) calls without CPN information,
the receiving Party shall bill the originating Party for such traffic at the
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 the originating Party chooses to combine
lntraMTA Traffic and lnterMTA Traffic on the same trunk group, the
receiving Pafi shall bill the higher of its interstate Switched Exchange
Access Service rates or its intrastate Switched Exchange Access
Services rates for alltraffic that is passed without CPN unless the
Parties agree that other rates should apply to such traffic.
6.2 The receiving Party shall bill the originating Party the applicable rate to each
relevant minute of traffic for which CPN is passed. 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.
6.3 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.
6.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
ReciprocalGompensation Arrangements Pursuantto Section 251(bxs) of the Act
7.1 ReciprocalCompensation
The Parties shall exchange Reciprocal Compensation Traffic (lntraMTA Traffic)
at bill and keep in accordance with the Pricing Attachment to this Agreement.
7.2 Traffic Not Subject to Reciprocal Compensation.
7.
ATT Mobility lD CMRS ICA Final Ot 23 1s.doc
8.
7.2.1 Reciprocal Compensation shall not apply to lnterMTA Traffic,
including, but not limited to, calls originated on a 1+ presubscription
basis, or on a casual dialed (10Dfi/101XXXX) basis.
7.2.2 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
7.2.3 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
7.2.4 Reciprocal Compensation shall not apply to Voice lnformation Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
7.2.5 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(bxs) of the Act.
7.3 Transition and lmolementation. lf any existing interconnection arrangements
between the Parties are not in compliance with the requirements of this
Agreement, AT&T Mobility will use commercially reasonable efforts to bring all
such arrangements into compliance with the terms and conditions of this
Agreement within six (6) months of the Effective Date of this Agreement or within
whatever other period is mutually agreed to by the Parties.
Other Types of Traffic
8.1 Notwithstanding any other provision of this Agreement or any Tariff: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of lnternet Traffic shall be
governed by the terms of the FCC lnternet Orders and other applicable FCC
orders and FCC Regulations;and, (b) a Party shallnot 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 Orders and other applicable FCC orders and FCC Regulations.
8.2 Subject to Section 8.1 of this Attachment, interstate and intrastate Exchange
Access, lnformation Access, exchange services for Exchange Access or
lnformation Access, and lnterMTA Traffic shall be governed by the applicable
provisions of this Agreement and applicable Tariffs.
8.3 For any traffic originating with a third party carrier and delivered by AT&T Mobility
to Frontier, AT&T Mobility 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 AT&T Mobility.
8.4 Any trafflc not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
This Section lntentionally Left Blank
This Section lntentionally Left Blank
This Section lntentionally Left Blank
Tandem Transit Traffic
9.
10.
11-
12.
ATT Mobility lD CMRS ICA Final (X 23 15.doc 46
12.1 As used in this Section 12, Tandem Transit Traffic is Telephone Exchange
Service traffic that originates on AT&T Mobility's network, and is transported
through a Frontier Tandem to the Central Office of a CMRS, ILEC other than
Frontier, Commercial Mobile Radio Service (CMRS) carrier, or other LEC, that
subtends the relevant Frontier Tandem to which AT&T Mobility delivers such
traffic. Neither the originating nor terminating Customer is a Customer of Frontier.
Subtending Central Offices shall be determined in accordance with and as
identified in the Local Exchange Routing Guide (LERG). Switched Exchange
Access Service traffic is not Tandem Transit Traffic.
12.2 Tandem Transit Traffic Service provides AT&T Mobility 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. AT&T Mobility shall deliver each
Tandem Transit Traffic call to Frontier with CCS and the appropriate
Transactional Capabilities Application Part (TCAP) message to facilitate full
interoperability of CLASS Features and billing functions.
12.4 AT&T Mobility shall exercise its best efforts to enter into a reciprocal Telephone
Exchange Service traffic arrangement (either via written agreement or mutual
Tariffs) with any CMRS, ILEC, CMRS carrier, or other LEC, to which it delivers
Telephone Exchange Service traffic that transits Frontier's Tandem Office.
12.5 AT&T Mobility shall pay Frontier for Transit Service that AT&T Mobility originates
at the rate specified in the Pricing Attachment. Payment of any terminating
charges (access or otherwise) is the responsibility of AT&T Mobility.
12.6 This Section lntentionally Left Blank
12.7 This Section lntentionally Left Blank.
12.8 Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal Telephone Exchange Service traffic exchange agreement
with any carrier to which it originates, or from which it terminates, traffic.
Number Resources, Rate Genters Areas and Rating Points
13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes ('NXX') pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Centers
Areas and Rating Points corresponding to such NXX codes.
'13.2 lt shall be the responsibility of each Party to program and update its own
switches and network systems in accordance with information provided on ASRs
as well as the LERG in order to recognize and route traffic to the other Party's
assigned NXX codes at all times. Except as expressly set forth herein, neither
Party shall impose any fees or charges whatsoever on the other Party for such
activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, AT&T Mobility shall
adopt the Rate Center Area and Rate Center Points that the Commission has
approved for Frontier within the LATA and Tandem serving area. AT&T Mobility
shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise
ATT Mobility lD CMRS ICA Final O4 23 1S.doc
14.
ordered by the FCC, the Commission or another governmental entity of
appropriate jurisdiction, or the LEC industry adopts alternative methods of
utilizing N)fis.
13.4 AT&T Mobility will also designate a Routing Point for each assigned NXX code.
AT&T Mobility shall designate one location for each Rate Center Area in which
the AT&T Mobility 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, subsequent NXXs of AT&T
Mobility will be routed in the same manner as AT&T Mobility'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 AT&T Mobility's choices regarding the size of the local calling
area(s) that AT&T Mobility 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 lmplementation and Grooming Process; and lnstallation,
Maintenance, Testing and Repair
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
14.1.2
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 qual ity, reliability and
availability standards. Except as othenarise stated in this Agreement,
trunks provided by either Party for lnterconnection Services will be
engineered using a design-blocking objective of B.01.
the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
disaster recovery provision escalations;
additional technically feasible Points of lnterconnection on Frontier's
network in a LATA as provided in Section 2 of this Attachment; and
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 lnitial Trunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, AT&T Mobility 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 from Frontier over each of the lnterconnection Trunk
groups in the LATA over the next eight (8) quarters.
14.',!.3
14.1.4
14.1.5
ATT Mobility lD CMRS ICA Final 04 23 1s.doc
14.2.2 Onqoinq Trunk Forecast Reouirements. Where the Parties have
already established interconnection in a LATA, AT&T Mobility shall
provide a new or revised traffic forecast that complies with the Frontier
lnterconnection Trunking Forecast Guide when AT&T Mobility
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: (i) AT&T
Mobility plans to deploy a new switch; (ii) AT&T Mobility plans to
implement a new POI or network architecture; (iii) AT&T Mobility plans
to rearrange its network; (iv) AT&T Mobility plans to convert a One-
Way lnterconnection Trunk group to a Two-Way lnterconnection Trunk
group; (v) AT&T Mobility 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 lnterconnection Trunk groups, or
disconnect existing lnterconnection Trunks and/or lnterconnection
Trunk groups.
'14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement are not binding on AT&T Mobility or Frontier.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 49
COLLOCATION ATTACHMENT
1. Frontier's Provision of Gollocation
Frontier shall provide to AT&T Mobility, in accordance with this Agreement, Frontier's
applicable federal and state Tariffs and the requirements of Applicable Law, Collocation
for the purpose of facilitating AT&T Mobility's interconnection with Frontier under 47
U.S.C. S 251(c)(2); provided, that notwithstanding any other provision of this Agreement
or a Tariff, Frontier shall be obligated to provide Collocation to AT&T Mobility only to the
extent required by Applicable Law and may decline to provide Collocation to AT&T
Mobility 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 AT&T Mobility to obtain
unbundled access to any network element: (a) that Frontier is not required to unbundle
under 47 U.S.C. $ 251(c)(3) or (b) that Frontier is not required to unbundle under 47
C.F.R. Part 51.
ATT Mobility lD CMRS ICA Final O4 23 15.doc 50
1.
91 1 WIRELESS ATTACHMENT
911/E-911 Arrangements for CMRS Not Constituting Fixed Wireless Services
1.1 91 1/E-91 1 arrangements provide a caller access to the appropriate PSAP by
dialing the 3-digit universal telephone number "911' on a wireless handset.
Frontier provides and maintains such equipment and software at the 9111E-911
Tandem Office(s)/Selective Router(s), Frontier interface point(s) and the ALI
Database as necessary for 911/E-911 Calls in areas where Frontier is the
designated 911/E-911 Service Provider in the State.
1.2 The terms and conditions of this Section apply to the provision of 91 1/E-91 1
Services by Frontier to AT&T Mobility for CMRS services in the State and do not
apply to Fixed Wireless Services or any other services. Notwithstanding any
other provision of this Section or otherwise, these provisions shall apply only in
those jurisdictions in which Frontier is the designated 9111E-911 Service Provider
at such time as AT&T Mobility notifies Frontier that it has received notification
from the Controlling 911 Authority to begin providing Phase ll wireless services
within the jurisdiction and only so long as Frontier remains the designated 911/E-
911 Service Provider therein.
1.3 Frontier shall have no obligation to provide 911/E-91 1 Services pursuant to this
91 1 Wireless Aftachment prior to its receipt of the notice referenced in Section
1.2 of this Attachment.
1.4 Frontier shall make the following information available to AT&T Mobility to the
extent permitted by Applicable Law. Such information is provided at the Frontier
Partners Solutions website (formerly referred to as the Frontier wholesale
website) or at such other site with respect to which Frontier provides notice:
1.4.1 a listing of the CLLI code (and SS7 point code when applicable) of
each 91'l lE-91 1 Tandem Office(s)/Selective Router(s) and associated
geographic location served for areas where Frontier is the designated
91 1/E-91 1 Service Provider;
1.4.2 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
1.4.3 where Frontier maintains a Master Street Address Guide (MSAG) on
behalf of the Controlling 91 1 Authority, a complete copy of such MSAG
annually upon written request for each county within the LATA(s) in
the State, were AT&T Mobility is providing CMRS services, provided
that Frontier is permifted to do so by the Controlling 911 Authority.
ALI Database
2.1 lnformation regarding the ALI Database is provided at the Frontier North Central
website or at such other site with respect to which Frontier provides notice.
2.2 Frontier will:
2.2.1 store AT&T Mobility pANl records in the ALI Database.
2.
ATT Mobility lD CMRS ICA Final 04 23 1S.doc 51
2.2.2
2.2.3
2.3 AT&T Mobility will:
2.3.1
2.3.2
2.3.3
2.3.4
provide AT&T Mobility access to the Frontier ALI Database for the
initial loading and updating of AT&T Mobility pANl records in
accordance with information contained in the Frontier Partners
Solutions website (formerly referred to as the Frontier wholesale
website) or at such other site with respect to which Frontier provides
notice; and
provide AT&T Mobility an error and status report based on updates to
the ALI Database received from AT&T Mobility.
provide the MSAG valid E-911 data for the initial loading of, and any
and all updates to, AT&T Mobility pANl records in the ALI Database;
utilize the appropriate Frontier electronic interface to update its pANl
records (and database information in the ALI Database shall conform
to Frontier standards, which are provided at the Frontier Partners
Solutions website (formerly referred to as the Frontier wholesale
website) or at such other site with respect to which Frontier provides
notice);
use its company lD on allAT&T Mobility pANl records in accordance
with NENA standards;
correct any errors that occur during the entry of E-911 data and pANl
records in the ALI Database.
2.4 ln the event AT&T Mobility uses an Agent to input its pANl records to the ALI
Database through the appropriate Frontier electronic interface, AT&T Mobility
must provide a Letter of Authorization, in a form acceptable to Frontier,
identifying and authorizing its Agent.
3.91 1/E-91 { tnterconnection
AT&T Mobility 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 will designate interface point(s), e.9., digital cross connect
systems (DCS), where AT&T Mobility may interconnect with Frontier for the
transmission and routing of 911/E-911 Calls to all subtending PSAPs that serve
the areas in which AT&T Mobility provides CMRS services.
ln order to interconnect with Frontier for the transmission and routing of 911/E-
911 Calls, AT&T Mobility shall:
3.2.1 interconnect with each Frontier 911/E-911 Tandem Office/Selective
Router or Frontier interface point that serves the areas in which AT&T
Mobility is authorized to and will provide CMRS service;
provide a minimum of two (2) one-way outgoing 911/E-911 trunks over
diversely routed facilities that are dedicated for originating 911/E-911
Calls from each AT&T Mobility switch to each designated Frontier
91 1 /E-9 1 1 Tandem Office(s)/Selective Router(s) or Frontier interface
point(s) using SS7 signaling where available, as necessary;
provide sufficient trunks and facilities to route 911/E-911 Calls from
AT&T Mobility to the designated Frontier 911/E-911 Tandem
Offlce(s)/Selective Router(s) or Frontier interface point(s). AT&T
3.2.2
3.2.3
3.1
3.2
ATT Mobility lD CMRS ICA Final 04 23'ls.doc 52
3.2.7
Mobility is responsible for requesting that trunks and facilities be
routed diversely for 91 1/E-91 1 interconnection;
determine the proper quantity of trunks and facilities from its switch(es)
to the designated Frontier 911/E-911 Tandem Office(s)/Selective
Router(s) or Frontier interface point(s);
engineer its 911/E-91'1 trunks and facilities to attain a minimum P.01
grade of service as measured using the "busy day/busy hour' criteria
or at such other minimum grade of service as required by Applicable
Law or the Controlling 911 Authority;
monitor its 911/E-911 trunks and facilities for the purpose of
determining originating network traffic volumes. lf the AT&T Mobility
traffic study indicates that additional trunks and/or facilities are needed
to meet the current level of 911/E-911 Call volumes, AT&T Mobility
shall order or othenrvise provide adequate additional trunks and/or
facilities;
promptly test all 91'l/E-911 trunks and facilities between the AT&T
Mobility network and the Frontier 911/E-911 Tandem
Office(s)/Selective Route(s) or Frontier interface point(s) to assure
proper functioning of 911/E-911 arrangements. AT&T Mobility agrees
that it will not transmit or route live 911/E-911 Calls until successful
testing is completed; and
isolate, coordinate and restore all 911/E-911 network maintenance
problems in its switch(es) or in its facilities or trunks interconnected
with Frontier 911/E-911 Tandem Office(s)/Selective Router(s) or
Frontier interface points. AT&T Mobility will advise Frontier of the
circuit identification when notifying Frontier of a failure or outage.
3.2.8
9111E-911 General
4.1 Frontier and AT&T Mobility will work cooperatively to arrange meetings with the
Controlling 911 Authorities to answer any technical questions the PSAPS, or
county or municipal coordinators may have regarding the initial 911/E-911
arrangements.
4.2 AT&T Mobility will compensate Frontier for provision of its 911/E-911 Services
pursuant to the Pricing Attachment.
4.3 AT&T Mobility and Frontier will comply with all Applicable Law (including 911
taxes and surcharges as defined by Applicable Law) pertaining to 91'llE-911
arrangements.
4.4 AT&T Mobility is responsible to collect and remit any applicable surcharges from
its end user in accordance with Applicable Law.
4.5 AT&T Mobility will provide notice to Frontier of the Default PSAP designated by
the Controlling 911 Authority for routing 91'1/E-911 Calls in the event it is not
feasible to route such 9111E-911 Calls to the Designated PSAP.
Phase ll Wireless Arrangements
5.1 The following services may be used by AT&T Mobility, where available, in order
to comply with the FCC's rules and regulations regarding Phase ll wireless
implementation.
4.
5.
ATT Mobility lD CMRS ICA Final (}4 23 1s.doc
5.2 Non-Call Path Associated Signaling (NCAS).
5.2.1 Where AT&T Mobility forwards a911lE-911 Callto the Frontier 9111E-
911 Tandem Office(s)/Selective Router(s) or Frontier interface
point(s), AT&T Mobility shall pass the pANl for that 911/E -911 Call.
Routing of 911/E-911 Calls will be based on the pANl delivered with
the 911/E-911 Call, or at Frontieds discretion, the location coordinates
obtained during call setup. Where feasible, Frontier will route the
9111E-9'l1 Calland pass its corresponding pANlto the Designated
PSAP. lf it is not feasible to route the 9'11/E-911 Call to the
Designated PSAP due to the PSAP trunks being busy or out of
service, Frontier will route the call to a Default PSAP or busy tone, as
directed by the Controlling 911 Authority. lf it is not feasible to route
the 911/E-911 Call to the Designated PSAP due to a failure in delivery
of the pANl, Frontier will route the call to a Default PSAP designated
by the Controlling 911 Authority. Both Parties' network architecture
and routing responsibilities will be in accordance with Applicable Law.
Upon receipt of a PSAP qtrery to the ALI Database to obtain the Call
Back Number and Phase ll location information for a 911/E-911 Call,
provided by AT&T Mobility, the ALI Database shall route the query to
the AT&T Mobility-controlled or third party database designated by
AT&T Mobility.
The ALI Database shall then automatically receive from the AT&T
Mobility-controlled or third party database the Call Back Number and
Phase ll location information as provided by the CMRS associated
with the 911/E-911 Call.
The ALI Database shall then automatically transmit the data received
from the AT&T Mobility-controlled or third party database to the PSAP.
AT&T Mobility will terminate at least two data circuits from the AT&T
Mobility-controlled or third party database to each ALI Database.
Frontier shall place the necessary CSU/DSU at each ALI Database to
receive the data provided by AT&T Mobility.
AT&T Mobility shall provision its AT&T Mobility-controlled or third party
databases such that the exchange of data between these AT&T
Mobility-controlled or third party databases and the ALI Database shall
use the PAM Protocol or other agreed upon interface.
5.2.2
5.2.3
5.2.4
5.2.5
5.2.6
5.2.7
5.2.8
ATT Mobility lD CMRS ICA Final 04 23 1s.doc 54
PRICING ATTACHMENT
1.General
As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
Except as stated in Section 3 of this Attachment, Charges for Services shall be
as stated in this Section 1 of this Attachment.
The Charges for a Service shall be the Charges for the Service stated in the
Providing Party's applicable Tariff.
ln the absence of Charges for a Service established pursuant to Section 1.2 or
1.3 of this Attachment, shall be negotiated between the Parties. For rate
elements provided in Appendix A of this Pricing Attachment that do not include a
Charge, either marked as "TBD" or otherwise, Frontier is developing such
Charges and has not finished developing such Charges as of the Effective Date
of this Agreement ("Effective Date") or the Commission has reserved the right to
develop a charge on behalf of Frontier and/or other Carriers. When Frontier
finishes developing such a Charge, Frontier shall notify AT&T Mobility in writing
of such Charge in accordance with, and subject to, the notices provisions of this
Agreement and thereafter shall bill AT&T Mobility, and AT&T Mobility shall pay to
Frontier, for Services provided under this Agreement on the Effective Date and
thereafter in accordance with such Charge. Frontier agrees to provide AT&T
Mobility 160 day's notice to prior to billing AT&T Mobility for such charge. Any
notice provided by Frontier to AT&T Mobility 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 AT&T Mobility and thereafter.
This Section Intentionally Left Blank
AT&T Mobility Prices
Notwithstanding any other provision of this Agreement, the Charges that AT&T Mobility
bills Frontier for AT&T Mobility's Services shall not exceed the Charges for Frontier's
comparable Services, except to the extent that AT&T Mobility's cost to provide such
AT&T Mobility Services to Frontier exceeds the Charges for Frontie/s comparable
Services and AT&T Mobility has demonstrated such cost to Frontier or, at Frontier's
request, to the Commission or the FCC.
1.1
1.2
1.3
1.4
2.
3.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 55
APPENDIX A TO THE PRICING ATTACHMENT
(TDAHO)
vl.1
Rates and Charges for Transport and Termination of Traffic
A. ReciprocalCompensationTrafficTermination
ReciprocalCompensation Traffic End Office Rate: Billand Keep
Reciprocal Compensation Traffic Tandem Rate: Bill and Keep
The Tandem Transit Service Charge is $0.0020 per minute of use for:
Frontier Communications Northwest lnc.
'As of the effective date of this Agreeement, Citizens
Telecommunications Company of ldaho does not operate a tandem. ln the
event Frontier implements a tandem in this entity the Parties agree to amend the
contract to reflect a tandem transiting rate.
Entrance Facility and Transport for lnterconnection Charges: See lntrastate
Special Access Tariff
Two-Way Facility AT&T shall bill Frontier 30% of the cost and Frontier shall bill
AT&T 100o/o of the facility cost in accordance with the Two-Way Wireless
Aftachment, Section 2.4.2.
lnterMTA Factor 3o/o
Pursuant to Section 2.4.2 of the Two-Way Wireless Attachment, the Parties
agree to allow for changes to the interMTA Factor two times per year if a traffic
study conducted demonstrates that a different interMTA factor is appropriate.
The Parties shall so amend the contract with the new factor to apply from the
Effective Date of the amendment fonryard.
B.
C.
D.
E.
ATT Mobility lD CMRS ICA Final 04 23 15.doc 56