20170612Application.pdf

;fiffier.r:t-,;,',il:i-r.' .-- I t_ iJ
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21West1A.,ve..
SpencerportNY.l4559
June 8,2017 Phone [phone]
Email : jessica.tiemey@ft r.com
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074 vzN--[- t7-cl
Dear Ms. Jervell:
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 Native Network, Inc.
Please call me at [phone] if you have any questions.
S
J
Senior
Regulatory Affairs
Enclosures
iil ,:r". i;l frll ti:39
AGREEMENT FOR
LOCAL INTERCONNECTION
by and between
NATIVE NETWORK,INC.
and
FRONTIER COMMUNICATIONS NORTHWEST INC.
FOR THE STATE OF
IDAHO
9. Billing and Payment; Disputed Amounts....
10. Confidentiality..............
...6
...6
...9
13. Discontinuance of Servica by Natlve Network ...............9
15. Force Majeure 10
18. Good Faith Performance .........11
20. lndemniflcation 11
22. lntellectualProperty.... ............14
23. Joint Work Product...... ............14
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26. Network Management.......
27. Non-ExclusiveRemedies.
16
17
17
17
18
18
19
19
19
20
28.Notlce of Network Changes....
29. Notlces......
30. OrderlngandMaintenance...........
31. PerformanceStandards
32. Point of Contact for Native Network Customers.
33. Predecessor Agreements
34. Publicity and Use of Trademarks or Service Marks.........
35. References
36. Relationship of the Parties .........................20
37. Reservation of Rights.... ..........21
39. SuccessorsandAsslgns.................21
42. Technology Upgrades... ..........24
44. Third Party Beneflciaries 24
45. fthls Section lntentionally Left Blankl ......24
49. Warranties .25
50. Withdrawal of Seruices .25
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2. Definitions ............27
ADD!flONAL SERVTCES ATTACHMENT.............. ..........43
1.Alternate Billed Calls ...............4"3
2. Dialing Parity - Section 251(bX3) ...............43
3. [This Section lntentionally Left Blank] ......r13
4. Directory Listing and Directory Distribution.............. .......................43
5. Voice lnformation Service Traffic .45
6. lntercept and Referral Announcements ........................46
7. Originating Line Number Screening (OLNS)....... ..........46
8. Operations Support Systems (OSS) Services.... ..........47
9. Poles, Ducts, Conduits and Rights-of-Way........ ...........52
10. Telephone Numbers ................53
11. Routing for Operator Services and Directory Assistance Traffic.......................53
12. Unauthorized Carrier Change Charges .........................54
13. Good Faith Performance .........54
TNTERCONNECTTON ATTACHMENT............... ................5s
1. Genera!...... ............55
2. Points of lnterconnection and Trunk Types .................55
3. Alternatlve lnterconnection Arrangements....... ............59
4. lnitlating Interconnection.............. ..............61
5. Transmission and Routing of Telephone Exchange Service Traffic.............,....62
6. Trafflc Measurement and Billing over lnterconnectaon Trunks..........................63
7. Reciproca! Compensation Arangements Pursuant to Sectlon 251(bX5) of theAct............. ............64
8. Other Types of Traffic .............65
9. Transmisslon and Routing of Exchange AccessTrafflc........ .........66
10. Meet-Point Billing (MPB) Arrangements................ .......67
11. Toll Free Service Access Code (e.9., 800188U877) Trafflc ..............69
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12. Tandem Transit Traffic 71
13. Number Resources, Rate Center Areas and Routing Points ..........73
14. Joint Network lmplementation and Grooming Process; Forecastin9................74
15. Number Portability - Sectlon 251(BX2).... ......................75
1.
2. Arrangements With Third Party Tandem Provider..... ......................78
3. lnitiating Traffic Exchange Under This Attachment........... ..............79
4. Traffic Measurement and Billing........ ........79
5. Reclprocal Compensation turangements Pursuant to Section 251(bxs) of theAct............. ............80
6. Other Types of Traffic .............82
7. Toll Free Service Access Code (e.9., 800/888/877) Traffic 82
8. Number Resources, Rate Center Areas and Routing Points ..........8:l
9. Number Portability - Section 251(BX2).... ......................84
2. Use of Frontier Telecommunications Services ............87
3. Availability of Frontier Telecommunications Services..... ...............88
4. Responsibility for Charges..... ....................88
5. Operations Matters....... ...........89
7.
NETWORK ELEMENTS ATTACHMENT.............. ............91
1.General......91
2. Frontier's Provision of Network Elements... .................95
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4. Line Splitting (also referred to as "Loop Sharing")
5. flhis Section lntentionally Left Blank]
6. Sub-Loop..
7. Sub-Loop for Multiunit Tenant Premises Access
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber
Loops........
9. Network lnterface Device
10. [This Section lntentionally Left Blank]
11. DedicatedTransport
12. ffhis Section lntentionally Left Blank]
13. OperationsSupportSystems....
14. Availability of Other Network Elements on an Unbundled Basis
15. Maintenance of Network Elements
16. Combinations,Commingling,andConversions
17. RoutlneNetworkModifications.................
19. GoodFaithPerformance.................
COLLOCATION ATTACH M ENT ......
1.Frontier's Provision of Collocation...............
911 ATTACHMENT.......
1. 911/E-911 Arrangements
3. 911/E-911lnterconnection..............
4. 911/E-911General......
5. Good Faith Performance
PRICING ATTACH M ENT...............
1.General......
106
107
107
110
110
116
117
117
118
118
118
119
120
123
124
124
125
125
173
173
173
174
175
175
177
177
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2. Frontier Telecommunications Services Provlded to Native Network for Resale
Pursuant to the Resale Attachment .........177
3. Native Network Pr1ces......... ......................179
4. flhls Section lntentionally Left Blank] ....179
5. Regulatory Revlew of Prices ....................179
APPENDTX ATO THE PRTCING ATTACHMENT.............. .................181
EXHIBIT A TO SECTION 3.1 (FTBER MEET ARRANGEMENT) OF THE TNTERCONNECTTON,no
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1
AGREEMENT
PREFACE
This Agreement ("Agreement') shall be deemed effective as of April 10,2017 (the "Etfective
Date"), between Native Network, lnc. ("Native Network"), a corporation organized under the laws
of the State of Washington, with offices at 250 East Penny Road, Suite 200, Wenatchee, WA
98801 and Frontier Communications Northwest lnc. ("Frontie/'), a corporation organized under
the laws of the State of Washington with offices at 401 Merritt 7, Norwalk, CT 06851(Frontier and
Native Network 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 ol the Act, Frontier and Native Network hereby agree as follows:
The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Taritfs 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 Pafi 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 etfect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). ln connection with
the foregoing, Frontier expressly reserves all of its rights under the Bankruptcy
Code and Applicable Law to seek or oppose any relief in respect of the
assumption, assumption and assignment, or rejection of any interconnection or
resale agreements between Frontier and Native Network.
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't.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
the Parties. Subject to the requirements of Applicable Law, a Party shall have
the right to add, modify, or withdraw, its Tariff(s) at any time, without the consent
of, or notice to, the other Party.
2. Term and Termination
2.'l 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
untilApril9, 2019 (the "lnitialTerm"). Thereafter, this Agreement shallcontinue
in force and effect unless and until cancelled or terminated as provided in this
Agreement.
Either Native Network or Frontier may terminate this Agreement effective upon
the expiration of the lnitial Term or effective upon any date after expiration of the
lnitial Term by providing written notice of termination at least ninety (90) days in
advance of the date of termination.
2.3 lf either Native Network or Frontier provides notice of termination pursuant to
Section 2.2 and on or before the proposed date of termination either Native
Network 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 etfect until the earlier of: (a) the
effective date of a new interconnection agreement between Native Network and
Frontier; or, (b) the date one (1) year after the proposed date of termination.
2.4 lf either Native Network or Frontier provides notice of termination pursuant to
Section 2.2 and by 11:59 PM Eastern Time on the proposed date of termination
neither Native Network 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 Attachm ent
lnterconnection Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachm ent
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
2.2
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4.2
4.3
4.4
4.5
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.
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 thirty (30) days of the effective date of such decision,
determination, action or change, the Parties are unable to agree in writing upon
mutually acceptable revisions to this Agreement, either Party may pursue any
remedies available to it under this Agreement, at law, in equity, or otherwise,
including, but not limited to, instituting an appropriate proceeding before the
Commission, the FCC, or a court of competent jurisdiction, without first pursuing
dispute resolution in accordance with Section 14 of this Agreement.
4.6.1 Notwithstanding Section 4.6 above, to the extent Frontier is required
by a change in Applicable Law to provide to Native Network a Service
that is not offered under this Agreement to Native Network, 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, tepai,
maintenance and billing) shall be as provided in an applicable Frontier
Tariff, or, in the absence of an applicable Frontier Tariff, as mutually
agreed by the Parties in a written amendment to the Agreement that,
upon the request of either Party, the Parties shall negotiate in
accordance with the requirements of Section 252 ol the Act. ln no
event shall Frontier be required to provide any such Service in the
absence of such a Frontier Tariff or amendment.
4.6
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5.
4.7 Notwithstanding anything in this Agreement to the contrary, if, as a result of any
legislative, judicial, regulatory or other governmental decision, order,
determination or action, or any change in Applicable Law, Frontier is not required
by Applicable Law to provide any Service, payment or benefit, otherwise required
to be provided to Native Network hereunder, then Frontier may discontinue the
provision of any such Service, payment or benefit, and Native Network shall
reimburse Frontier for any payment previously made by Frontier to Native
Network that was not required by Applicable Law. Frontier will provide thirty (30)
days prior written notice to Native Network of any such discontinuance of a
Service, unless a different notice period or ditferent conditions are specified in
this Agreement (including, but not limited to, in the Networks Element Attachment
or an applicable Tariff) or Applicable Law for termination of such Service in which
event such specified period and/or conditions shall apply. For the avoidance of
any doubt, this Section 4.7 is self-effectuating and no amendment to this
Agreement shall be required to implement it.
Assignment
Neither Pafi may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6. Assurance of Payment
6.1 Upon request by Frontier, Native Network shall, at any time and from time to
time, provide to Frontier adequate assurance of payment of amounts due (or to
become due) to Frontier hereunder.
6.2 Assurance of payment of charges may be requested by Frontier if Native
Network (a) prior to the Effective Date, has failed to timely pay a bill rendered to
Native Network by Frontier or its Affiliates, (b) on or after the Effective Date, fails
to timely pay a bill rendered to Native Network by Frontier or its Affiliates, (c) in
Frontier's reasonable judgment, at the Etfective Date or at any time thereafter, is
unable to demonstrate that it is creditworthy, or (d) admits its inability to pay its
debts as such debts become due, has commenced a voluntary case (or has had
a case commenced against it) under the U.S. Bankruptcy Code or any other law
relating to bankruptcy, insolvency, reorganization, winding-up, composition or
adjustment of debts or the like, has made an assignment for the benefit of
creditors or is subject to a receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist
of an unconditional, irrevocable standby letter of credit naming Frontier as the
beneficiary thereof and otherwise in form and substance satisfactory to Frontier
from a financial institution acceptable to Frontier. The letter of credit shall be in
an amount equalto 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 Native Network in
connection with this Agreement. lf Native Network 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 Native Network shall provide) additionalassurance of
payment, consisting of monthly advanced payments ol estimated charges as
reasonably determined by Frontier, with appropriate true-up against actual billed
charges no more frequently than once per Calendar Quarter.
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6.4
6.5
6.6
6.7
6.8
Intentionally Left Blank].
Intentionally Left Blank].
Frontier may (but is not obligated to) draw on the letter of credit upon notice to
Native Network in respect of any amounts to be paid by Native Network
hereunder that are not paid within thirty (30) days of the date that payment of
such amounts is required by this Agreement.
lf Frontier draws on the letter of credit, upon request by Frontier, Native Network
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 Native Network 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 Native Network 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.
Except as may be otherwise specifically provided in this Agreement, either Party
("Auditing ParV) may audit the other Party's ("Audited Part/') books, records,
documents, facilities and systems for the purpose of evaluating the accuracy of
the Audited Pafi'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) il the immediately
preceding audit found previously uncorrected net inaccuracies in billing in favor
of the Audited Party having an aggregate value of at least $1,000,000.
The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party. The accountants shall be reasonably
acceptable to the Audited Party. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Party in a form reasonably
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Party
may require that the audit commence no later than sixty (60) days after the
Auditing Party has given notice of the audit to the Audited Pafi.
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.
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.
6.9
7.Audits
7.1
7.2
7.3
7.4
8. Authorization
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8.1 Frontier represents and warrants that it is a corporation duly organized, validly
existing and in good standing under the laws of the State of Washington and has
full power and authority to execute and deliver this Agreement and to perform its
obligations under this Agreement.
8.2 Native Network represents and warrants that it is a corporation duly organized,
validly existing and in good standing under the laws of the State of Louisiana,
and has full power and authority to execute and deliver this Agreement and to
perform its obligations under this Agreement.
8.3 lntentionally Left Blank.
Billing and Payment; Disputed Amounts
9.1 Except as otherwise provided in this Agreement, each Party shall submit to the
other Party on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts billed for
Services provided under this Agreement, whether billed on a monthly basis or as
otherwise provided in this Agreement, shallbe due, in immediately available U.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the billing Party's statement; or (b) twenty (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electronic funds transfer.
9.3 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 specilic 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 Pafi's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The billed Pafi shall pay by the Due Date
all undisputed amounts. Billing disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date, shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.5o/o) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
9.5 Although it is the intent of both Parties to submit timely statements of charges,
failure by either Pafi to present statements to the other Party in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Party under this Agreement, and, except for
assertion of a provision of Applicable Law that limits the period in which a suit or
other proceeding can be brought before a court or other governmental entity of
appropriate jurisdiction to collect amounts due, the billed Party shall not be
entitled to dispute the billing Party's statement(s) based on the billing Party's
failure to submit them in a timely fashion.
Confidentlality
9.
10.
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10.1
10.1.2
10.1.3
10.2
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:
10.1.1 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);
't0.1.4 information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
10.1.5 any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietarf'; and
10.1.6 any information that is communicated orally or visually and declared to
the Fleceiving Party at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential" or "Proprietary''.
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential lnformation pursuant to Sections 10.1.5 or 10.1.6.
Except as otherwise provided in this Agreement, the Receiving Party shall:
10.2.1 use the Confidential lnformation received from the Disclosing Party
only in performance of this Agreement; and
10.2.2 using the same degree of care that it uses with similar confidential
information of its own (but in no case a degree of care that is less than
commercially reasonable), hold Confidential lnformation received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential lnformation solely to those ol the Receiving Party's
Affiliates and the directors, officers, employees, Agents and
contractors of the Receiving Party and the Receiving Party's Atfiliates,
that have a need to receive such Confidential lnformation in order to
perform the Fleceiving 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.
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10.3 The Receiving Party shall return or destroy all Confidential lnformation received
from the Disclosing Party, including any copies made by the Heceiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Pafi, 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 otherwise 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 lree 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
10.4.5
is independently developed by the Receiving Party;
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 Fleceiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential lnformation while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential lnformation is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
10.6 The Disclosing Party shall retain all of the Disclosing Party's right, title and
interest in any Confidential lnformation disclosed by the Disclosing Party to the
Receiving Party. Except as 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 Par$ of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
Nativo Network lD Comp v4 062416 8
11.
12. Default
13.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
lf either Party ("Defaulting Party'') fails to make a payment required by this Agreement
(including, but not limited to, any payment required by Section 9.3 of undisputed amounts
to the billing Party) or materially breaches any other material provision of this Agreement,
and such failure or breach continues for thirty (30) days after written notice thereof from
the other Party, the other Party may, by written notice to the Defaulting Party, (a)
suspend the provision of any or all Services hereunder, or (b) cancel this Agreement and
terminate the provision of all Services hereunder.
Discontinuance of Service by Native Network
13.1 lf Native Network proposes to discontinue, or actually discontinues, its provision
of service to all or substantially all of its Customers, whether voluntarily, as a
result of bankruptcy, or for any other reason, Native Network shall send written
notice of such discontinuance to Frontier, the Commission, and each of Native
Network's Customers. Native Network shall provide such notice such number of
days in advance of discontinuance of its service as shall be required by
Applicable Law. Unless the period for advance notice of discontinuance of
service required by Applicable Law is more than thirty (30) days, to the extent
commercially feasible, Native Network shall send such notice at least thirty (30)
days prior to its discontinuance of seMce.
13.2 Such notice must advise each Native Network Customer that unless action is
taken by the Native Network Customer to switch to a different carrier prior to
Native Network's proposed discontinuance of service, the Native Network
Customer will be without the service provided by Native Network to the Native
Network Customer.
13.3 Should a Native Network Customer subsequently become a Frontier Customer,
Native Network shall provide Frontier with all information necessary for Frontier
to establish service for the Native Network Customer, including, but not limited to,
the Native Network Custome/s billed name, listed name, service address, and
billing address, and the services being provided to the Native Network Customer.
13.4 Nothing in this Section 13 shall limit Frontier's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
14. Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Pafi 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
Native Neturork lD Comp v4062416 9
15.
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 boycotts), 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
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
15.4
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.
Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
16. Forecasts
ln addition to any other forecasts required by this Agreement, upon request by Frontier,
Native Network shall provide to Frontier forecasts regarding the Services that Native
Network expects to purchase from Frontier, including, but not limited to, forecasts
regarding the types and volumes of Services that Native Network expects to purchase
and the locations where such Services will be purchased.
17. Fraud
Native Network 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 Native Network's account in cases of, fraud by Native
Network's Customers or other third parties.
Native Netuork lD Comp v4062416 10
18. Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. lf and, to the extent that, Frontier, prior to the Etfective Date of
this Agreement, has not provided in the State of ldaho a Service offered under this
Agreement, Frontier reserves the right to negotiate in good faith with Native Network
reasonable terms and conditions (including, without limitation, rates and implementation
timeframes) for such Service; and, if the Parties cannot agree to such terms and
conditions (including, without limitation, rates and implementation timeframes), either
Party may utilize the Agreement's dispute resolution procedures.
19. Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part ol or to affect the meaning of the Principal
Document.
20. Indemnification
20.1
20.2
Each Party ("lndemnifying Party'') shall indemnify, defend and hold harmless the
other Party ("lndemnified Party''), the lndemnified Part/s Affiliates, and the
directors, officers and employees of the Indemnified 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 e)dent such injury, death,
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the lndemnifying Party, the
lndemnifying Party's Affiliates, or the directors, otficers, employees, Agents or
contractors (excluding the lndemnified Party) of the lndemnifying Party or the
lndemnifying Party's Atfiliates, in connection with this Agreement.
lndem nification Process.
20.2.1 As used in this Section 20, "lndemnified Person" means a person
whom an lndemnifying Party is obligated to indemnify, defend and/or
hold harmless under Section 20.1.
20.2.2 An lndemnifying Party's obligations under Section 20.1 shall be
conditioned upon the following:
The lndemnified Person: (a) shall give the lndemnifying Pafi 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 thereof); (b) prior to taking any
material action with respect to a Third Party Claim, shall consult with
the lndemnifying Party as to the procedure to be followed in defending,
settling, or compromising the Claim; (c) shall not consent to any
settlement or compromise of a Third Party Claim without the written
consent of the lndemnifying Party; (d) shall permit the lndemnifying
Party to assume the defense of a Third Party Claim (including, except
as provided below, the compromise or settlement thereof) at the
lndemnifying Party's own cost and expense, provided, however, that
20.2.3
Native Network lD Comp v4 062416 11
20.2.4
20.2.5
20.2.6
20.2.7
20.2.8
20.2.9
20.3
20.4
21. lnsurance
Each Party agrees that it will not impede or bring any action against the other
Party, the other Party's Affiliates, or any of the directors, officers or employees of
the other Party or the other Party's Affiliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment ol
such person by the other Party or the other Party's Affiliate and that arises out of
performance of this Agreement.
Each Party's obligations under this Section 20 shall survive expiration,
cancellation or termination of this Agreement.
the lndemnified Person shall have the right to approve the
lndemnifying Party's choice of legalcounsel.
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 to20.2.6 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 shall the lndemnifying Party settle a Third Party Claim or
consent to any judgment with regard to a Third Pafi Claim without the
prior written consent of the lndemnified Party, which shall not be
unreasonably withheld, conditioned or delayed. ln the event the
settlement or judgment requires a contribution from or affects the
rights of an lndemnified Person, the lndemnified Person shall have the
right to refuse such settlement or judgment with respect to itself and,
at its own cost and expense, take over the defense against the Third
Party Claim, provided that in such event the lndemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify or hold
harmless the lndemnified Person against, the Third Party Claim for
any amount in excess of such refused settlement or judgment.
The lndemnified Person shall, in all cases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
The lndemnifying Party and the Indemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
Native Network lD Comp v4 062416 12
21.1
z'.t.2
21.1.4
Native Network 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, Native Network 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/com pleted operations, contractual liabi lity,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
21.1.2 Commercial Motor Vehicle Liability lnsurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
Excess Liability lnsurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
Worker's Compensation lnsurance as required by Applicable Law and
Employer's Liability lnsurance with limits of not less than $2,000,000
per occurrence.
21.1.3
21.1.5 All risk property insurance on a full replacement cost basis for all of
Native Network's realand personal propefi located at any Collocation
site or otherwise located on or in any Frontier premises (whether
owned, leased or otherwise occupied by Frontier), facility, equipment
or right-of-way.
Any deductibles, self-insured retentions or loss limits ("Retentions") for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Frontier pursuant to Sections 21.4 and 21.5, and Frontier reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibility of Native Network.
21.3 Native Network shallname Frontier and Frontier's Affiliates as additional
insureds on the foregoing liability insurance.
21.4 Native Network shall, within two (2) weeks of the Effective Date hereof at the
time of each renewal of, or material change in, Native Network'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: Contract Management, Frontier Communications, 7979 N. Belt Line Road,
MC: 51C74, lrving, TX 75063.
21.5 Native Network shall require its contractors, if any, that may enter upon the
premises or access the facilities or equipment of Frontier or Frontie/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 Native Network or Native Network'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.
Native Neturcrk lD Comp v4 062416 13
22.
23.
21.7 Certificates furnished by Native Network or Native Network's contractors shall
contain a clause stating: "Frontier Communications Northwest lnc. shall be
notified in writing at least thirty (30) days prior to cancellation of, or any material
change in, the insurance."
lntellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other intellectual property,
now or hereafter owned, controlled or licensable by either Party. Except as
expressly stated in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other intellectual
property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4, neilher Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Pafi, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation ol any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Pafi,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22,3 NOTWITHSTANDING ANY OTHER PBOVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANYWABRANry, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDEB
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
HIGHT.
22.4 Native Network 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 Native Network, directly or through a third pafi, of any such terms,
conditions or restrictions that may limit any Native Network use of a Service
provided by Frontier that is otherwise permitted by this Agreement. At Native
Network'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 Native Network 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. Native Network shall reimburse Frontier for the cost of obtaining such
rights.
Joint Work Product
Native Notwork lD Comp v4 062416 14
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.
24. Law Enforcement
24.'l
24.2
Each Party may cooperate with law enforcement authorities and national security
authorities to the lull 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.
A Party shall not have the obligation to inform the other Party or the Customers
of the other Party of actions taken in cooperating with law enforcement or
national security authorities, except to the extent required by Applicable Law.
24.3 Where a law enforcement or national security request relates to the
establishment of lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Party may act to prevent the other Party
from obtaining access to information concerning such lines, services, facilities
and arrangements,'through operations support system interfaces.
25. Liability
25.1 As used in this Section 25, "Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
25.2 Except as otherwise stated in Section 25.5, the liability, if any, of a Party, a
Party's Affiliates, and the directors, officers and employees of a Party and a
Party's Affiliates, to the other Party, the other Party's Customers, and to any
other person, for Claims arising out of a Service Failure shall not exceed an
amount equal to the pro rata applicable monthly charge for the Services that are
subject to the Service Failure for the period in which such Service Failure occurs.
25.3 Except as otherwise stated in Section 25.5, a Party, a Party's Atfiliates, and the
directors, officers and employees of a Party and a Party's Affiliates, shall not be
liable to the other Party, the other Partfs 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 otherwise.
25.5 Nothing contained in Sections 25.1 through 25.4 shall exclude or limit liability:
Native Network lD Comp v4o62416 15
25.5.1
25.5.2
under Sections 20, lndemnification, or 4'1, Taxes.
for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
25.5.3 for damages arising out of or resulting from bodily injury to or death of
any person, or damage to, or destruction or loss of, tangible real
and/or personal property of any person, or Toxic or Hazardous
Substances, to the extent such damages are otherwise recoverable
under Applicable Law;
25.5.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
25.5.5 under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
25.6
25.5.6 under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Gommission.
ln the event that the liability of a Party, a Party's Affiliate, or a director, officer or
employee of a Party or a Party's Affiliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liability of the Party or
other person shall be limited to the smaller of the amounts for which such Party
or other person would be liable under this Section or the Tariff provision.
25.7 Each Party shall, in its tariffs and other contracts with its Customers, provide that
in no case shall the other Party, the other Partt's Atfiliates, or the directors,
officers or employees of the other Party or the other Party's Affiliates, be liable to
such Customers or other third-persons for any special, indirect, incidental,
consequential, reliance, exemplary, punitive or other damages, arising out of a
Service Failure.
Network Management
26.1 Coooeration. The Parties will work cooperatively in a commercially reasonable
manner to install and maintain a reliable network. Native Network and Frontier
will exchange appropriate information (e.9., network inlormation, maintenance
contact numbers, escalation procedures, and information required to comply with
requirements of law enforcement and national security agencies) to achieve this
desired reliability. ln addition, the Parties will work cooperatively in a
commercially reasonable manner to apply sound network management principles
to alleviate or to prevent traffic congestion and subject to Section 17, to minimize
fraud associated with third number billed calls, calling card calls, and other
services related to this Agreement.
26.2 Resoonsibilitv 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 lmoairment. lf a Party ("lmpaired Party'') reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
("lnterfering Party'') will or are likely to interfere with or impair the lmpaired Party's
provision of services or the operation of the lmpaired Party's network or facilities,
the lmpaired Party may interrupt or suspend any Service provided to the
26.
Native Net',rcrk lD Comp v4 062416 16
27
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 ('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 lntertering Party in
connection with the suspended Service.
26.4 Outaoe Reoair Standard. ln the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Frontier's
standard procedures for isolating and clearing the outage or trouble.
Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
28. Notice of Network Changes
lf a Party makes a change in the information necessary for the transmission and routing
of services using that Partt's facilities or network, or any other change in its facilities or
network that wilt materially affect the interoperability of its facilities or network with the
other Party's facilities or network, the Party making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable Law.
Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29.1.'l 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, certilied or registered
U.S. mail, postage prepaid, or (d) by facsimile telecopy, with a copy
delivered in accordance with (a), (b) or (c), preceding; and
29.1.3 shall be delivered to the following addresses of the Parties:
To Native Network:
29.
Native Netwok lD Comp v4 062416 17
Native Network, lnc.
Jenny Rickel, Chief Operating Otficer
250 East Penny Road, Suite 200
Wenatchee, WA 98801
Telephone Number: 509-300-0102
Facsimile Number: 866-641-5364
Email: jrickel @ nativenetwork.com
To Frontier:
Contract Management
Frontier Communications
7979 N. Belt Line Road, MC: 51C74
lrving, TX 75063
Email: contract.management @ftr.com
with a copy to:
Frontier Communications
Legal Department - lnterconnection
401 Merritt 7
Norwalk, CT 06851
or to such other address as either Pafi 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 afier 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.
Native Network shall notify Frontier, by written notice pursuant to this Section 29,
of any changes in the addresses or other Native Network contact information
identified under Section 29.1.3 above.
30. Ordering and Maintenance
Native Network shall use Frontier's electronic Operations Support System access
platforms to submit Orders and requests for maintenance and repair of Services, and to
engage in other pre-ordering, ordering, provisioning, maintenance and repair
transactions. lf Frontier has not yet deployed an electronic capability for Native Network
to perform a pre-ordering, ordering, provisioning, maintenance or repair, transaction
otfered by Frontier, Native Network 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 transm ission).
31. PerformanceStandards
Native Network lD Comp v4 062416 18
32.
33.
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 Native Network shall provide Services under this Agreement in accordance with
the performance standards required by Applicable Law.
Point of Contact for Native Network Customers
32.1 Native Network shall establish telephone numbers and mailing addresses at
which Native Network Customers may communicate with Native Network and
shall advise Native Network 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 Native Network Customer,
including, but not limited to, a Native Network Customer request for repair or
maintenance of a Frontier Service provided to Native Network.
Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties:
33.1.1 Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between the Parties for the State of ldaho pursuant to
Section 252 of the Act and in effect prior to the Etfective Date is
hereby amended, extended and restated; and
33.1.2 any Services that were purchased by one Party from the other Party
under a prior interconnection or resale agreement between the Parties
for the State of ldaho pursuant to Section 252 ol the Act and in effect
prior to the Effective Date, shall as of the Etfective 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 ol 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 etfect and the Service will be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Pafi 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 otherwise have applied. However, if the commitment was cancelled by the
Purchasing Party, the Providing Party shall be entitled to payment from the
Purchasing Party of the difference between the price of the Service that was
actually paid by the Purchasing Party under the commitment and the price of the
Service that would have applied if the commitment had been to purchase the
Service only until the time that the commitment was cancelled.
Publicity and Use of Trademarks or Service Marks34.
Native Network lD Comp v4 062416 19
Any violation of this Section 34 shall be considered a material breach of this
Agreement.
35. References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Frontier or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36. Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
36.2 Nothing contained in this Agreement shall make either Party the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Party a franchise, distributorship or similar interest.
34.1
34.2
34.3
36.3
36.4
36.5
A Party, its Affiliates, and their respective contractors and Agents, shall not use
the other Partys trademarks, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity matters or other promotional materials, unless the other
Party has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
Neither Party may imply any direct or indirect atfiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
Except for provisions herein expressly authorizing a Pafi to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Party shall be solely responsible for payment of any Social Security or other
taxes that it is required by Applicable Law to pay in conjunction with its
employees, Agents and contractors, and for withholding and remitting to the
applicable taxing authorities any taxes that it is required by Applicable Law to
collect from its employees.
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.
Native Neturcrk lD Comp v4 0624'16 20
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37. Reservation of Rights
37.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the Services that must be otfered)
through changes in Applicable Law; (d) to challenge the lawfulness and propriety
of, and to seek to change, any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission, the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
deemed to limit or prejudice any position a Party has taken or may take before
the Commission, the FCC, any other state or federal regulatory or legislative
bodies, courts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement.
37.2 Native Network acknowledges Native Network has been advised by Frontier that
it is Frontier's position that this Agreement contains certain provisions which are
intended to reflect Applicable Law and Commission and/or FCC arbitration
decisions.
38. Subcontractors
A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the
Party) to perform the Party's obligations under this Agreement; provided, that a Pafi's
use of a contractor shall not release the Party from any duty or liability to fulfill the Pafi'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
39.
40.
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 expiralion, 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
41.
Native Network lD Comp v4 062416 21
Providing Party, then (a) the Providing Party shall bill the Purchasing Party for
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Party
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
Taxes lmoosed on the Providino Partv or Receiots. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Party, and such
Applicable Law permits the Providing 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.
Taxes lmoosed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscribe/') in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, or if any federal, state or localTax is imposed on the Providing Party
and required by Applicable Law to be passed through to the Subscriber, then the
Purchasing Party (a) shall impose and/or collect such Tax lrom the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
Tax Exemptions and Exemotion Certificates. lf Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Party complies with such procedure, the Providing Party shall not
collect such Tax during the etfective 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. ll 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
oflicer requesting such an exemption and citing the provision in the Applicable
Law which cleady allows such exemption and (b) supplies the Providing Party
with an indemnification agreement, acceptable to the Providing Party, which
holds the Providing Party harmless on an after-tax basis with respect to its
forbearing to collect such Tax.
41.5 Liability for Uncollected Tax, lnterest and Penalty.
41.5.1 lf the Providing Party has not received an exemption certificate from
the Purchasing Party and the Providing Party fails to bill the
Purchasing Party for any Tax as required by Section 41.1, then, as
between the Providing Party and the Purchasing Party, (a) the
Purchasing Party shall remain liable for such unbilled Tax and any
interest assessed thereon and (b) the Providing Pafi shall be liable
for any penalty assessed with respect to such unbilled Tax by a taxing
authority.
41.5.2 lf the Providing Party properly bills the Purchasing Pafi for any Tax
but the Purchasing Party fails to remit such Tax to the Providing Party
as required by Section 41.2, then, as between the Providing Party and
41.2
41.3
41.4
Native Network lD Comp v4 062416 22
41.6
41.7
Native Netr,\ork lD Comp v4 062416
41.5.3
the Purchasing Party, the Purchasing Party shall be liable for such
uncollected Tax and any interest assessed thereon, as wellas 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 Pafi shall
be liable for such uncollected Tax and any interest assessed thereon,
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
41.5.4 lf the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Par$ and the
Purchasing Party, (a) the Providing Party shall be liable for any Tax
imposed on its receipts and (b) the Purchasing Party shall be liable for
any interest assessed thereon and any penalty assessed upon the
Providing Pafi with respect to such Tax by the applicable taxing
authority.
41.5.5 lf the Purchasing Party fails to impose and/or collect any Tax from
Subscribers as required by Section 41.3, then, as between the
Providing Party and the Purchasing Party, the Purchasing Party shall
remain liable for such uncollected Tax and any interest assessed
thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority. With respect to any
Tax that the Purchasing Party has agreed to pay, or is required to
impose on and/or collect from Subscribers, the Purchasing Party
agrees to indemnify and hold the Providing Party harmless on an after-
tax basis for any costs incurred by the Providing Party as a result of
actions taken by the applicable taxing authority to recover the Tax
from the Providing Party due to the failure of the Purchasing Party to
timely pay, or collect and timely remit, such Tax to such authority.
Audit Coooeration. ln the event either Party is audited by a taxing authority, the
other Party agrees to cooperate fully with the Party being audited in order to
respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
Notices. All notices, affidavits, exemption-certificates or other communications
required or permitted to be given by either Party to the other, for purposes of this
Section 41, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
wellas to the following:
To Frontier:
Frontier Comm unications
Tax Department
401 Merritt 7
Norwalk, CT 06851
To Native Network:
23
Native Network, lnc.
Jenny Rickel, Chief Operating Officer
250 East Penny Road, Suite 200
Wenatchee, WA 98801
Each Party may from time to time designate another address or other
addressees by giving notice in accordance with the terms of this Section. Any
notice or other communication shall be deemed to be given when received.
42. Technology Upgrades
Notwithstanding any other provision of this Agreement, Frontier shall have the right to
deploy, upgrade, migrate and maintain its network at its discretion. The Parties
acknowledge that Frontier, at its election, may deploy fiber throughout its network and
that such fiber deployment may inhibit or facilitate Native Network'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. Native Network shall be solely responsible for the cost and activities
associated with accommodating such changes in its own network.
43. Territory
43.1
43.2
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.
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 Native Network with at least 90 calendar days
prior written notice of such termination, which shall be effective upon the date
specified in the notice.
44. Third Party Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of
the Parties and their permitted assigns, and nothing herein shall create or be construed
to provide any third-persons (including, but not limited to, Customers or contractors of a
Party) with any rights (including, but not limited to, any third-party beneficiary rights)
hereunder. Except as expressly set forth in this Agreement, a Party shall have no liability
under this Agreement to the Customers of the other Party or to any other third person.
[This Section lntentionally Left Blank]
252(l) Obligations
45.
46.
47
To the extent required by Applicable Law, each Party shall comply with Section 252(i) ol
the Act. To the extent that the exercise by Native Network of any rights it may have
under Section 252(i) results in the rearrangement of Services by Frontier, Native Network
shall be solely liable for all costs associated therewith, as well as for any termination
charges associated with the termination of existing Frontier Services.
Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
Native N€twork lD Comp v4062416 24
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48. Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49. Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY. WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFOHMANCE, OR OTHERWISE.
50. WithdrawalofServices
50.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may terminate its otfering and/or provision
of any Service under this Agreement upon thirty (30) days prior written notice to
Native Network.
50.2 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may with thirty (30) days prior written notice
to Native Network terminate any provision of this Agreement that provides for the
payment by Frontier to Native Network of compensation related to traffic,
including, but not limited to, Reciprocal Compensation and other types of
compensation for termination of tratfic delivered by Frontier to Native Network.
Following such termination, except as otherwise agreed in writing by the Parties,
Frontier shall be obligated to provide compensation to Native Network 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 tratfic; provided,
however, that except as otherwise voluntarily agreed by Frontier in writing in its
sole discretion, Frontier shall be obligated to provide compensation to Native
Network 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.
Native Network lD Comp v4 062416 25
SIGNATURE PAGE
lN WTNESS WHEREOF, the Parties hereto have caused this Agraement to be executed as of
the Effeetive Date.
NATIVE NETWORK,INC.FRONNER COMi]IIUNICATIONS NORTHI'UEST
tNc.
By:Z,/r>{By:
Printed: Andrew D. Metcalfe
TiUe: President and CEO
Printed: Michael Daniel
Title: SVP, Canier Services
Nstive Neturork lD Comp ut 062416 26
GLOSSARY
1 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 Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall" and '\ruill" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
Definitions
2.1 Act.
The Communications Act of 1934 (47 U.S.C. $151 et seq.), as from time to time
amended (including, but not limited to, by the Telecommunications Act of 1996).
2.2 Advanced Services.
As a general matter, shall have the meaning set forth by the FCC.
2.3 Affiliate.
Shall have the meaning set forth in the Act.
2.4 Agent.
An agent or servant.
2.5 Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.6 ALI(AutomaticLocationldentification)Database.
The emergency services (E-91 1) database controlled by Frontier containing
2.
Native Netrirlork lD Comp v4062416 27
caller address/location information including the carrier name, National
Emergency Numbering Administration ("NENA') lD, Call Back Number, and other
carrier information used to process caller location records.
2.7 Ancillary Traffic.
All traffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: directory assistance,
911/E-911, operator services (lntraLATA call completion), lntraLATA third party,
collect and calling card, 800/888 database query and LIDB.
2.8 ANI(AutomaticNumberldentification)
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
2.9 Applicable Law
All effective laws, government regulations and government orders, applicable to
each Party's performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term "Applicable Law" means
the Federal Unbundling Rules.
210 ASR (Access Service Request).
An industry standard form, which contains data elements and usage rules used
by the Parties to add, establish, change or disconnect services or trunks for the
purposes of interconnection.
2.11 ATIS.
The Alliance for Telecommunications lndustry Solutions.
2.12 BFR (Bona Fide Request).
The process described in the Network Element Attachment that prescribes the
terms and conditions relating to a Party's request that the other Party provide a
UNE that it is not otherwise required to provide under the terms of this
Agreement.
2.13 Business Day
Monday through Friday, except for holidays observed by Frontier.
2.14 Calendar Quarter
January through March, April through June, July through September, or October
through December.
2.15
2.16
2.17
Calendar Year.
January through December
fintentionally Left Blank].
Call Back Number.
Native Netu,ork lD Comp v4 062416 28
A telephone number that can be used by the PSAP to re-contact the location
from which a 91'l/E-911 Call was placed. The telephone number may or may not
be the telephone number of the station used to originate the 911/E-911 Call.
2.'18 CCS(CommonChannelSignaling).
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the call.
2.19 CentralOffice
An End Office or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
2.20
2.21
2.24
2.25
2.26
flntentionally Left Blank]
Claims.
Any and all claims, demands, suits, actions, settlements, judgments, fines,
penalties, liabilities, injuries, damages, losses, costs (including, but not limited to,
court costs), and expenses (including, but not limited to, reasonable attorney's
fees).
2.22 CLEC (Competitive Local Exchange Carrier).
Any Local Exchange Carrier other than Frontier that is operating as a Local
Exchange Carrier in the territory in which Frontier operates as an ILEC in the
State of ldaho. Native Network is or shortly will become a CLEC.
2.23 CLL|Codes.
Common Language Location ldentifier Codes.
CMDS (Centratized Message Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billing System
(CABS) records.
Commission.
ldaho Public Utilities Commission.
Controlling 91 1 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 911/E-911 services, operations and systems within a defined
jurisdiction.
2.27 CPN (Calling Pafi Number).
A CCS parameter that identifies the calling party's telephone number.
2.28 CPNI (Customer Proprietary Network lnformation)
Nafive Network lD Comp v4 062416 29
Shall have the meaning set forth in Section 222o|.the Act, 47 U.S.C. 5222.
2.29 Cross Connection.
For a collocation arrangement, the facilities between the collocating Party's
equipment and the equipment or facilities of the housing Party (such as the
housing Party's digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.3O Customer
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties.
2.31 Dark Fiber Loop.
Consists of fiber optic strand(s) in a Frontier fiber optic cable between Frontier's
accessible terminal, such as the fiber distribution frame, or its functional
equivalent, located within a Frontier End Office, and Frontier's accessible
terminal located in Frontier's main termination point at a Customer premises,
such as a fiber patch panel, and that Frontier has not activated through
connection to electronics that "light" it and render it capable of carrying
Telecom munications Services.
2.32 Dark Fiber Transport.
An opticaltransmission facility, within a LATA, that Frontier has not activated by
attaching multiplexing, aggregation or other electronics, between Frontier
switches (as identified in the LERG) or UNE Wire Centers.
2.33 DedicatedTransport.
A DSO-, DS1-, or DS3-capacity transmission facility between Frontier switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffice facilities ("lOF"). Dedicated Transport does not include
any facility that does not connect a pair of Frontier UNE Wire Centers.
2.34 Default PSAP
The PSAP designated by the Controlling 911 Authority to receive a 91 1/E-91 1
Call when it is not feasible to route that 911/E-911 Call to the Designated PSAP
2.35 Designated PSAP.
The primary PSAP designated by the Controlling 911 Authority to receive a
911/E-911 Call based upon the geographic location of the end user.
2.36 DigitalSignalLevel
One of several transmission rates in the time-division multiplex hierarchy.
2.37 DiscontinuedFacility
Any facility, element, arrangement or the like that the Federal Unbundling Flules
do not require Frontier to provide on an unbundled basis to Native Network,
whether because the facility was never subject to an unbundling requirement
Native Network lD Comp v4 062416 30
2.38
2.39
2.40
2.41
2.42
2.49
2.46
2.47
2.48
Intentionally Left Blank].
Exchange Access.
Shall have the meaning set forth in the Act.
Extended Local Calling Scope Arrangement.
under the Federal Unbundling Rules, because the facility by operation of law has
ceased or ceases to be subject to an unbundling requirement under the Federal
Unbundling Rules, or otherwise.
DSO (Digital Signal Level 0).
The 64kbps zero-level signal in the time-division multiplex hierarchy.
DS1 (DigitalSignal Level 'l).
The 1.544 Mbps first-level signal in the time-division multiplex hierarchy.
DS1 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
DS3 (Digital Signal Level 3).
The 44.736 Mbps third-level signal in the time-division multiplex hierarchy.
DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of uM.736 Mbps.
DS3 Loop.
A digital transmission channel, between the main distribution frame (or its
equivalent) in an end user's serving UNE Wire Center and the demarcation point
at the end user customer's premises, suitable for the transport of isochronous
bipolar serial data at a rate ol 44.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier TR72575, as revised from time
to time. A DS3 Loop requires the electronics necessary to provide the DS3
transmission rate.
2.44 EMI (Exchange Message lnterface)
Standard used for the interexchange of telecommunications message information
between local exchange carriers and interexchange carriers for billable, non-
billable, sample, settlement and study data. Data is provided between
companies via a unique record layout that contains Customer billing information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Otfice.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
Native Network lD Comp v4 062416 31
An arrangement that provides a Customer a local calling scope (Extended Area
Service, 'EAS"), outside of the Customer's basic exchange serving area.
Extended Local Calling Scope Arrangements may be either optional or non-
optional. "Optional Extended Local Calling Scope Arrangement Tratfic" is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
2.49 FCC.
The Federal Communications Commission
2.5O FCC lnternet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, /n the
Matter of lmplementation of the Local Competition Provisions in the
Telecommunications Act of 1996, lntercarrier Compensation for ISP Bound
Traffic, FCC 01-131, CC Docket Nos.96-98 and 99-68, 16 FCC Rcd 9151
(adopted April 18, 2001) (hereinafter the "April 18, 2001 FCC lnternet Orde/');
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, ln the Matter of High-Cost UniversalSeruice Support; Federal-State
Joint Board on UniversalSeruice; Lifeline and Link Up; UniversalSeruice
Contribution Methodology; Numbering Resource Optimization; lmplementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a Unified I ntercarrier Compensation Regime; lntercarrier
Compensation for ISP-Bound Traffic; lP-Enabled Seruices, FCC 08-262, CC
Docket Nos. 96-45, 96-98, 99-68, 99-200, 01-92, WC Docket Nos. 03-109, 04-
36, 05-337, 06-122 (adopted November 5, 2008) (hereinafter the "November 5,
2008 FCC lnternet Orde/').
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.52 FederalUnbundlingRules.
Any lawful requirement to provide access to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Frontier by
the FCC pursuant to both 47 U.S.C. S 251(c)(3) and 47 C.F.R. Part 51. Any
reference in this Agreement to "Federal Unbundling Rules" shall not include an
unbundling requirement if the unbundling requirement does not exist under both
47 U.S.C. $ 251(cX3) and 47 C.F.H. Part 51.
2.53 Feeder
The fiber optic cable (lit or unlit) or metallic portion of a Loop between a serving
End Otfice and a remote terminal or feeder/distribution interface.
2.54 FNID (Fiber Network lnterface Device).
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of opticalfibers between two separate network providers.
2.55 FTTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
Native Network lD Comp v4 062416 32
from the main distribution frame (or its equivalent) in an end user's serving End
Office to the demarcation point at the end user's customer premises or to a
serving area interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer premises
demarcation point, provided that allcopper or coaxial distribution facilities
extending from such serving area interface are not more than 500leet from the
demarcation point at the respective end users'customer premises; provided,
however, that in the case of predominantly residential multiple dwelling units
(MDUs), an FTfP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its equivalent) in the
End Otfice that serves the multiunit premises: (a) to or beyond the multiunit
premises' minimum point of entry (MPOE), as defined in 47 C.F.R. S 68.105; or
(b) to a serving area interface at which the fiber optic cable connects to copper or
coaxial distribution facilities that extend to or beyond the multiunit premises'
MPOE, provided that all copper or coaxial distribution facilities extending from
such serving area interface are not more than 500 feet from the MPOE at the
multiunit premises.
2.56 House and Biser Cable.
A two-wire metallic distribution facility in Frontier's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an 'MPOE') and the Rate Demarcation Point for such facility (or NID) if the
NID is located at such Rate Demarcation Point).
2.57 Hybrid Loop
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP
Loop is not a Hybrid Loop.
2.58 IDLC (lntegrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps
digitalsignal.
2.59 ILEC (lncumbent Local Exchange Carrier).
Shall have the meaning stated in the Act.
2.60 lnformationAccess.
The provision of specialized exchange telecommunications services in
connection with the origination, termination, transmission, switching, forwarding
or routing of telecommunications traffic to or from the facilities of a provider of
information services, including a provider of lnternet access or lnternet
transmission services.
2.61 lnside Wire or lnside Wiring
All wire, cable, terminals, hardware, and other equipment or materials, on the
Customer's side of the Rate Demarcation Point.
2.62 lnterconnection Wire Center
A building or portion thereof which serves as the premises for one or more End
Native Network lD Comp v4 062416 33
Offices, Tandems and related facilities.
2.63 lnternet Tratfic.
Any traffic that is transmitted to or returned from the lnternet at any point during
the duration of the transmission.
2.64
2.65
2.66
2.67
2.69
2.70
2.71
2.73
2.74
lnterLATA Service.
Shall have the meaning set forth in the Act.
lntraLATA.
Telecommunications that originate and terminate within the same LATA.
Intentionally Left Blank].
ISDN (lntegrated Services Digital Network).
A switched network service providing end-to-end digital connectivity for the
simultaneous transmission of voice and data. Basic Rate lnterface-ISDN (BRl-
ISDN) provides for digital transmission of two (2) 64 kbps bearer channels and
one (1) 16 kbps data and signaling channel (2B+D). Primary Rate lnterface-
ISDN (PRI-ISDN) provides for digitaltransmission of twenty-three (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (238+D).
2.68 IXC (lnterexchange Carrier).
A Telecommunications Carrier that provides, directly or indirectly, lnterLATA or
lntraLATA Telephone Toll Services.
A Telcordia Technologies reference containing NPA/NXX routing and homing
information.
2.72 LIDB (Line lnformation Data Base).
Line lnlormation 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).
LATA (Local Access and Transport Area).
Shall have the meaning set forth in the Act.
LEC (Local Exchange Carrier).
Shall have the meaning set forth in the Act.
LERG (Local Exchange Routing Guide).
fl ntentionally Left Blankl.
Line Side.
An End Office connection that provides transmission, switching and optional
leatures suitable for Customer connection to the public switched network,
Native Network lD Comp v4 062416 u
including loop start supervision, ground start supervision and signaling for BRI-
ISDN service.
2.75 Loop.
A transmission path that extends from a Main Distribution Frame or functionally
comparable piece of equipment in a Customer's serving End Office, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Customer's premises. The actual transmission facilities used to provide a Loop
may utilize any of several technologies.
2.76 LSR (Local Service Request).
An industry standard form, which contains data elements and usage rules, used
by the Parties to establish, add, change or disconnect resold
Telecommunications Services and Network Elements.
2.77 MaintenanceControlOffice.
Either Party's center responsible for control of the maintenance and repair of a
circuit.
2.78 MDF (Main Distribution Frame).
The primary point at which outside plant facilities terminate within an
lnterconnection Wire Center, for interconnection to other Telecommunications
facilities within the lnterconnection Wire Center. The distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a switching
system.
2.79 Measured lnternet Traffic.
Dial-up, switched lnternet Traffic originated by a Customer of one Party on that
Party's network at a point in a Frontier local calling area, and delivered to a
Customer or an lnternet Service Provider served by the other Party, on that other
Party's network at a point in the same Frontier local calling area. Frontier local
calling areas shall be as defined by Frontier. For the purposes of this definition,
a Frontier local calling area includes a Frontier non-optional Extended Local
Calling Scope Arrangement, but does not include a Frontier optional Extended
Local Calling Scope Arrangement. Calls originated on a 1+ presubscription
basis, or on a casual dialed (10XXV101XXXX) basis, are not considered
Measured lnternet Traffic. For the avoidance of any doubt, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic) (as defined in the lnterconnection
Attachment) does nol constitute Measured lnternet Tratfic.
2.80 MECAB (Multiple Exchange Carrier Access Billing).
A document prepared by the Billing Committee of the Ordering and Billing Forum
(OBF), which functions under the auspices of the Carrier Liaison Committee
(CLC) of ATIS. The MECAB document, published by ATIS as'ATIS/OBF-
MECAB', as revised from time to time, contains the recommended guidelines for
the billing of an Exchange Access Service provided by two or more LECs, or by
one LEC in two or more states, within a single LATA.
2.81 MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - lndustry Support lnterface).
Native Network lD Comp v4 062416 35
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (GLC) of ATIS. The MECOD
document, published by ATIS as "ATIS/OBF-MECOD", as revised from time to
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
Intentionally Left Blank]2.82
2.83 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
2.84 NANP (North American Numbering Plan)
The system of telephone numbering employed in the United States, Canada,
Bermuda, Puerto Rico and certain Caribbean islands. The NANP format is a 10-
digit number that consist of a 3-digit NPA Code (commonly referred to as the
area code), followed by a 3-digit NXX code and 4 digit line number.
2.85 Network Element.
Shall have the meaning stated in the Act.
2.86 NID (Network lnterface Device).
The Frontier provided interface terminating Frontier's Telecommunications
network on the property where the Customer's service is located at a point
determined by Frontier. The NID contains an FCC Part 68 registered jack from
which lnside Wire may be connected to Frontier's network.
2.87 911/E-911Call(s)
Call(s) made by the Native Network end user by dialing the three digit telephone
number "911' to facilitate the reporting of an emergency requiring response by a
public safety agency.
2.88 911/E-911 Service Provider
An entity authorized to provide 911/E-911 network and database services within
a particular jurisdiction.
2.89 Non-Revertive.
Where traffic is redirected to a protection line because of failure of a working line
and the working line is repaired, traffic will remain on the protection line until
there is either manual intervention or a failure of the protection line.
2.90 NPA (Numbering Plan Area).
Also sometimes referred to as an area code, is the first three-digit indicator of
each 10-digit telephone number within the NANP. There are two general
categories of NPA, "Geographic NPAs" and "Non-Geographic NPAs". A
Geographic NPA is associated with a defined geographic area, and all telephone
numbers bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "Service Access
Native Network lD Comp v4Q62416 36
Code" or "SAC Code" is typically associated with a specialized
Telecommunications Service that may be provided across multiple geographic
NPA areas. 500, 700, 800, 888 and 900 are examples of Non-Geographic
NPAs.
2.91 NXX, NXX Code, CentralOffice Code or CO Code.
The three-digit switch entity indicator (i.e. the first three digits of a seven-digit
telephone number).
2.92 Order.
An order or application to provide, change or terminate a Service (including, but
not limited to, a commitment to purchase a stated number or minimum number of
lines or other Services for a stated period or minimum period of time).
2.93 Originating Switched Access DetailUsage Data.
A category 1 101XX record as defined in the EMI Telcordia Practice BR-010-200-
01 0.
2.94 POI (Point of lnterconnection).
The physical location where the Parties' respective facilities physically
interconnect for the purpose of mutually exchanging their traffic. As set forth in
the lnterconnection Attachment, a Point of lnterconnection shall be at (i) a
technically feasible point on Frontier's network in a LATA and/or (ii) a fiber meet
point to which the Parties mutually agree under the terms of this Agreement. By
way of example, a technically feasible Point of lnterconnection on Frontier's
network in a LATA would include an applicable Frontier Tandem lnterconnection
Wire Center or Frontier End Office lnterconnection Wire Center but,
notwithstanding any other provision of this Agreement or otherwise, would not
include a Native Network lnterconnection Wire Center, Native Network switch or
any portion of a transport facility provided by Frontier to Native Network or
another party between (x) a Frontier lnterconnection Wire Center or switch and
(y) the lnterconnection Wire Center or switch of Native Network or another party,
2.95 Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
2.96 PrincipalDocument.
This document, including, but not limited to, the Title Page, the Table of
Contents, the Preface, the GeneralTerms and Conditions, the signature page,
this Glossary, the Attachments, and the Appendices to the Attachments.
2.97 Providing Party
A Party offering or providing a Service to the other Party under this Agreement.
2,98 PSAP
Public Safety Answering Point.
2.99 Purchasing Party
Native Network lD Comp v4 062416 37
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.100 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network
Elements obtained, pursuant to the Federal Unbundling Rules, under this
Agreement or a Frontier UNE Tariff.
2.101 QualifyingWholesaleServices.
Wholesale services obtained from Frontier under a Frontier access Taritf or a
separate wholesale agreement.
2.'lO2 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.
2.109 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-
sensilive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Otfice location,
or a "LEC Consortium Point of lnterconnection".
2104 Rate Demarcation Point.
The physical point in a Frontier provided network facility at which Frontier's
responsibility for maintaining that network facility ends and the Customer's
responsibility for maintaining the remainder of the facility begins, as set forth in
this Agreement, Frontier's applicable Tariffs, if any, or as otherwise prescribed
under Applicable Law.
2.105 Reciprocal Compensation
The arrangement for recovering, in accordance with Section 251(b)(5) of the Act,
the FCC lnternet Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Partt's network and terminating on the other Party's
network (as set forth in Section 7 of the lnterconnection Attachment).
2.106 Reciprocal Compensation Tratfic.
Telecommunications traffic originated by a Customer of one Party on that Party's
network and terminated to a Customer of the other Party on that other Party's
network, except for Telecommunications traffic that is interstate or intrastate
Exchange Access, lnformation Access, or exchange services for Exchange
Access or lnformation Access. The determination of whether
Telecommunications traffic is Exchange Access or lnformation Access shall be
based upon Frontier's local calling areas as defined by Frontier. Reciprocal
Native Netvrork lD Comp v4 062416 38
Compensation Tratfic does p! 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 Tratfic): (1) any lnternet Traffic;
(2) faffic that does not originate and terminate within the same Frontier local
calling area as defined by Frontier, and based on the actual originating and
terminating points of the complete end-to-end communication; (3) Toll Traffic,
including, but not limited to, calls originated on a 1+ presubscription basis, or on
a casual dialed (10)fi)U101XXXX) basis; (4) Optional Extended Local Calling
Scope Arrangement Traffic; (5) special access, private line, Frame Relay, ATM,
or any other traffic that is not switched by the terminating Party; (6) Tandem
Transit Tratfic; (7) Voice lnformation Service Traffic (as defined in Section 5 of
the AdditionalServices Attachment);or, (8)Virtual Foreign Exchange Traffic (or
V/FX Traffic) (as defined in the lnterconnection Attachment). For the purposes of
this definition, a Frontier localcalling area includes a Frontier non-optional
Extended Local Calling Scope Arrangement, but does not include a Frontier
optional Extended Local Calling Scope Arrangement.
2.107 Retail Prices.
The prices at which a Service is provided by Frontier at retail to subscribers who
are not Telecommunications Carriers.
2.108 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound tratfic to specified NPA-NXXs. The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located. However, the Routing Point associated with each NPA-NXX need not
be the same as the corresponding Rate Center Point, nor must it be located
within the corresponding Rate Center Area, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
2.109 Service.
Any lnterconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facility or arrangement,
offered by a Party under this Agreement.
2.'t10
2.111
Intentionally Left Blank].
SS7 (Signaling System 7).
The common channel out-of-band signaling protocol developed by the
Consultative Committee for lnternationalTelephone and Telegraph (CCITT) and
the American National Standards lnstitute (ANSI). Frontier and Native Network
utilize this out-of-band signaling protocol in relation to their routing and
completion of tratfic.
2.112 Subsidiary.
A corporation or other person that is controlled by a Party
2.113 Sub-Loop Distribution Facility.
A two-wire or four-wire metallic distribution facility in Frontier's network between
a Frontier feeder distribution interface ("FDl') and the Rate Demarcation Point for
Native Network lD Comp v4 062416 39
such facility (or NID if the NID is located at such Rate Demarcation Point)
2.114 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
origination or termination of Toll Traffic. Switched Exchange Access Services
include but may not be limited to: Feature Group A, Feature Group B, Feature
Group D, 700 access, 800 access, 888 access and 900 access.
2.115 Tandem
A switching entity that has billing and recording capabilities and is used to
connect and switch trunk circuits between and among End Offices and between
and among End Offices and carriers'aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.
Sometimes this term is used to refer to a telephone company building in which
switching systems and telephone equipment are installed.
2.116 Tariff.
2.116.1 Any applicable Federal or state tariff of a Party, as amended from time
to time; or
2.116.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Party otfers 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(l) of the Act.
2.117 TelcordiaTechnologies.
Telcordia Technologies, lnc., formerly known as Bell Communications Research,
lnc. (Bellcore).
z.'.t18
2.119
2.120
2.121
Telecom m unications Carrier.
Shall have the meaning set forth in the Act.
Telecomm unications Services.
Shall have the meaning set forth in the Act.
Telephone Exchange Service.
Shall have the meaning set forth in the Act.
Term inating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2122 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
Native Netv\ork lD Comp v4 062416 40
Party, or (c) a fine or penalty imposed by a person who is not a Party.
2123 TollTraffic
Tratfic that is originated by a Customer of one Party on that Party's network and
terminates to a Customer of the other Party on that other Party's network and is
not Reciprocal Compensation Traffic, Measured lnternet Traffic, or Ancillary
Traffic. Toll Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll
Tratfic", depending on whether the originating and terminating points are within
the same I-ATA.
2.124 Toxic or Hazardous Substance.
Any substance designated or defined as toxic or hazardous under any
"Environmental Lauy'' or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution Control Act, the Air Pollution Control Act, the
Toxic Substances Control Act, the Resource Conservation and Recovery Act, the
Occupational Safety and Health Act, and all other Federal, State or local laws or
governmental regulations or requirements, that are similar to the above-
referenced laws or that otherwise govern releases, chemicals, products,
materials or wastes that may pose risks to human health or safety, or the
environment, or that relate to the protection of wetlands or other natural
resources.
2.125 Traffic Factor 1
For traffic exchanged via lnterconnection Trunks, a percentage calculated by
dividing the number of minutes of interstate traffic (excluding Measured lnternet
Traffic) by the total number of minutes of interstate and intrastate traffic.
(flnterstate Traffic Total Minutes of Use {excluding Measured lnternet Traffic
Total Minutes of Use) + {lnterstate Traffic Total Minutes of Use + lntrastate Traffic
Total Minutes of Use)l x 100). Until the form of a Party's bills is updated to use
the term 'Traffic Factor 1", the term 'Traffic Factor 1" may be referred to on the
Party's bills and in billing related communications as "Percent lnterstate Usage"
or "PlU",
2.126 Tratfic Factor 2.
For traffic exchanged via lnterconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Tratfic and Measured lnternet Traffic by the combined total number of minutes of
intrastate traffic and Measured lnternet Tratfic. ([{Reciprocal Compensation
Traffic Total Minutes of Use + Measured lnternet Traffic Total Minutes of Use) +
{lntrastate Traffic Total Minutes of Use + Measured lnternet Traffic Total Minutes
of Use)l x 100). Until the form of a Party's bills is updated to use the term 'Traffic
Factor 2", the term 'Traffic Factor 2" may be referred to on the Party's bills and in
billing related communications as "Percent Local Usage" or "PLU".
2.127 Triennial Review Remand Order (TRRO).
The FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-
338, released on February 4,2005.
Native Network lD Comp v4O62416 41
2.128 Trunk Side.
A Central Office Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carrier's network. Trunk side connections otfer those transmission and
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2.129 UDLC (Universal Digital Loop Carrier).
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Office and
the Flemote Terminal units perform analog to digital conversions to allow the
feeding facility to be digital. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.130 UNE Wire Center
Shall have the same meaning as "Wire Center' set forth in 47 C.F.R. S 51.5.
2.131 V and H Coordinates Method
A method of computing airline miles between two points by utilizing an
established formula that is based on the vertical and horizontal coordinates of the
two points.
2.132 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digital Voice Grade service (a 56-64 kbps channel),
the terms "DSO' or "sub-DS1 " may also be used.
2.139 xDSL.
As defined and offered in this Agreement. The small "{' before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavo/'.
Native Netvvork lD Comp v4 062416 42
1
ADDITIONAL SERVICES ATTACHM ENT
Alternate Billed Calls
1.1 The Parties will engage in settlements of intraLATA intrastate alternate-billed
calls (94., collect, calling card, and third-party billed calls) originated or
authorized by their respective Customers in accordance with an arrangement
mutually agreed to by the Parties.
Dialing Parity - Section 251(bX3)
Each Party shall provide the other Party with nondiscriminatory access to such services
and information as are necessary to allow the other Party to implement local Dialing
Parity in accordance with the requirements of Section 251(bX3) of the Act.
flhis Section lntentionally Left Blank]
Directory Listing and Directory Distribution
To the extent required by Applicable Law, Frontier will provide directory services to
Native Network. Such services will be provided in accordance with the terms set forth
herein.
4.1 Listing lnformation.
As used herein, "Listing lnformation" means a Native Network Customer's
primary name, address (including city, state and zip code), telephone number(s),
the delivery address and number of directories to be delivered, and, in the case
of a business Customer, the primary business heading under which the business
Customer desires to be placed, and any other information Frontier deems
necessary for the publication and delivery of directories.
4.2 Listing lnformation Supply
Native Network shall provide to Frontier on a regularly scheduled basis, at no
charge, and in a format required by Frontier or by a mutually agreed upon
industry standard (e.9., Ordering and Billing Forum developed) all Listing
lnformation and the service address for each Native Network Customer whose
service address location lalls within the geographic area covered by the relevant
Frontier directory. Native Network shall also provide to Frontier on a daily basis:
(a) information showing Native Network Customers who have disconnected or
terminated their service with Native Network; and (b) delivery information for
each non-listed or non-published Native Network Customer to enable Frontier to
perform its directory distribution responsibilities. Frontier shall promptly provide
to Native Network (normally within forty-eight (48) hours of receipt by Frontier,
excluding non-business days) a query on any listing that is not acceptable.
4.3 Listing lnclusion and Distribution.
Frontier shall include each Native Network Customer's primary listing in the
appropriate alphabetical directory and, for business Customers, in the
appropriate classified (Yellow Pages) directory in accordance with the directory
configuration, scope and schedules determined by Frontier in its sole discretion,
and shall provide initial distribution of such directories to such Native Network
Customers in the same manner it provides initial distribution of such directories to
2.
3.
4.
Native Network lD Comp v4062416 43
its own Customers. "Primary Listing" means a Customer's primary name,
address, and telephone number. Listings of Native Network's Customers shall
be interfiled with listings of Frontier's Customers and the Customers of other
LECs included in the Frontier directories. Native Network shall pay Frontier's
Tariffed charges for additional, foreign, and other listings products (as
documented in local Tariff) for Native Network's Customers.
4.4 Frontier lnformation.
Upon request by Native Network, Frontier shall make available to Native Network
the following information to the extent that Frontier provides such information to
its own business offices: a directory list of relevant NXX codes, directory and
Customer Guide close dates, and Yellow Pages headings. Frontier shall also
make available to Native Network, on Frontier's Wholesale website (or, at
Frontier's option, in writing) Frontier's directory listings standards and
specifications.
4.5 Confidentiality of Listing lnformation.
Frontier shallaccord Native Network Listing lnformation the same levelof
confidentiality that Frontier accords its own listing information, and shall use such
Listing lnformation solely for the purpose of providing directory-related services;
provided, however, that should Frontier elect to do so, it may use or license
Native Network Listing lnformation for directory publishing, direct marketing, or
any other purpose for which Frontier uses or licenses its own listing information,
so long as Native Network Customers are not separately identified as such; and
provided further that Native Network may identify those of its Customers who
request that their names not be sold for direct marketing purposes and Frontier
shall honor such requests to the same extent that it does for its own Customers.
Frontier shall not be obligated to compensate Native Network for Frontier's use or
licensing of Native Network Listing lnformation.
4.6 Accuracy.
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of Native Network Customer listings. At Native Network's request,
Frontier shall provide Native Network with a report of all Native Network
Customer listings in a reasonable timeframe prior to the service order close date
for the applicable directory. Frontier shall process any corrections made by
Native Network with respect to its listings, provided such corrections are received
prior to the close date of the particular directory.
4.7 lndemnification.
Native Network shall adhere to all practices, standards, and ethical requirements
established by Frontier with regard to listings. By providing Frontier with Listing
lnformation, Native Network warrants to Frontier that Native Network has the
right to provide such Listing lnformation to Frontier on behalf of its Customers.
Native Network shall make commercially reasonable efforts to ensure that any
business or person to be listed is authorized and has the right (a) to provide the
product or service offered, and (b) to use any personal or corporate name, trade
name, trademark, service mark or language used in the listing. Native Network
agrees to release, defend, hold harmless and indemnify Frontier from and
against any and all claims, losses, damages, suits, or other actions, or any
liability whatsoever, suffered, made, instituted, or asserted by any person arising
Native Network lD Comp v4 062416 44
out of Frontier's publication or dissemination of the Listing lnformation as
provided by Native Network hereunder.
4.8 Liability
Frontier's liability to Native Network in the event of a Frontier error in or omission
of a Native Network Customer listing shall not exceed the amount actually paid
by Native Network to Frontier for such listing. Native Network agrees to take all
reasonable steps, including, but not limited to, entering into appropriate
contractual provisions with its Customers, to ensure that its and Frontier's liability
to Native Network's Customers in the event of a Frontier error in or omission of a
listing shall be subject to the same limitations of liability applicable between
Frontier and its own Customers as set forth in Frontier's applicable Tariffs.
4.9 Service lnformation Pages.
Frontier shall include all Native Network NXX codes associated with the
geographic areas to which each directory pertains, to the extent it does so for
Frontier's own NXX codes, in any lists of such codes that are contained in the
general reference portion of each directory. Native Network's NXX codes shall
appear in such lists in the same manner as Frontier's NXX information. ln
addition, when Native Network is authorized to, and is offering, local service to
Customers located within the geographic area covered by a specific directory, at
Native Network's request, Frontier shall include, at no charge, in the "Customer
Guide" or comparable section of the applicable alphabetical directories, Native
Network's criticalcontact information for Native Network's installation, repair and
Customer service, as provided by Native Network. Such critical contact
information shall appear alphabetically by local exchange carrier and in
accordance with Frontier's generally applicable policies. Native Network shall be
responsible for providing the necessary information to Frontier by the applicable
close date for each affected directory.
4.10 DirectoryPublication.
Nothing in this Agreement shall require Frontier to publish a directory where it
would not otherwise do so.
4.11 Other Directory Services.
Native Network acknowledges that if Native Network desires directory services in
addition to those described herein, such additional services must be obtained
under separate agreement with Frontier's directory publishing company.
5. Volce lnformation Service Traffic
5.1 For purposes ol this Section 5, (a) Voice lnformation Service means a service
that provides [i] recorded voice announcement information or [ii] a vocal
discussion program open to the public, and (b) Voice lnformation Service Traffic
means intraLATA switched voice traffic, delivered to a Voice lnformation Service.
Voice lnformation Service Traffic does not include any form of lnternet Traffic.
Voice lnformation Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces, which traffic shall be subject to separate
arrangements between the Parties. Voice lnformation Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
I nterconnection Attachment.
Native Net^ork lD Comp v4 062416 45
5.2 lf a Native Network Customer is served by resold Frontier dial tone line
Telecommunications Service, to the extent reasonably feasible, Frontier will route
Voice lnformation Service Traffic originating from such Service to the appropriate
Voice lnformation Service connected to Frontier's network unless a feature
blocking such Voice lnformation Service Traffic has been installed. For such
Voice lnformation Service Traffic, Native Network shall pay to Frontier without
discount any Voice lnformation Service provider charges billed by Frontier to
Native Network. Native Network shall pay Frontier such charges in full
regardless of whether or not Native Network collects such charges from its
Customer.
5.3 Native Network shall have the option to route Voice lnformation Service Tratfic
that originates on its own network to the appropriate Voice lnformation Service
connected to Frontier's network. ln the event Native Network exercises such
option, Native Network will establish, at its own expense, a dedicated trunk group
to the Frontier Voice lnformation Service serving switch. This trunk group will be
utilized to allow Native Network to route Voice lnformation Service Traffic
originated on its network to Frontier. For such Voice lnformation Service Traffic,
unless Native Network has entered into a written agreement with Frontier under
which Native Network will collect from Native Network's Customer and remit to
Frontier the Voice lnformation Service provider's charges, Native Network shall
pay to Frontier without discount any Voice lnformation Service provider charges
billed by Frontier to Native Network. Native Network shall pay Frontier such
charges in full regardless of whether or not Native Network collects such charges
from its own Customer.
6. lntercept and Referral fuinouncements
6.1 When a Customer changes its service provider from Frontier to Native Network,
or from Native Network to Frontier, and does not retain its original telephone
number, the Party formerly providing service to such Customer shall provide a
referral announcement ("Referral Announcement') on the abandoned telephone
number which provides the Customer's new number or other appropriate
information, to the extent known to the Party formerly providing service.
Notwithstanding the foregoing, a Party shall not be obligated under this Section
to provide a Referral Announcement if the Customer owes the Party unpaid
overdue amounts or the Customer requests that no Referral Announcement be
provided.
6.2 Referral Announcements shall be provided, in the case of business Customers,
lor a period of not less than one hundred and twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thifi (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement will be provided by each Party at no charge to the
other Party; provided that the Party formerly providing service may bill the
Customer its standard Tariff charge, if any, for the referral announcement.
7.Originating Line Number Screening (OLNS)
Upon Native Network's request, Frontier will update its database used to provide
originating line number screening (the database of information which indicates to an
Native Network lD Comp v4O62416 46
8.
operator the acceptable billing methods for calls originating from the calling number (e.9.,
penal institutions, COCOTS).
Operations Support Systems (OSS) Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
8.1.1 Frontier Ooerations Suooort Svstems: Frontier systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing.
8.1.2 Frontier OSS Services: Access to Frontier Operations Support
Systems functions. The term "Frontier OSS Services" includes, but is
not limited to: (a) Frontier's provision of Native Network Usage
lnformation to Native Network pursuant to Section 8.3 ol this
Attachment; and, (b) "Frontier OSS lnformation", as defined in Section
8.1.4 of this Attachment.
8.1.3 Frontier OSS Facilities: Any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by Frontier to provide
Frontier OSS Services to Native Network.
8.1.4 Frontier OSS lnformation: Any information accessed by, or disclosed
or provided to, Native Network through or as a part of Frontier OSS
Services. The term "Frontier OSS lnformation" includes, but is not
limited to: (a) any Customer lnformation related to a Frontier
Customer or a Native Network Customer accessed by, or disclosed or
provided to, Native Network through or as a part ol Frontier OSS
Services;and, (b) any Native Network Usage lnformation (as defined
in Section 8.1.6 of this Attachment) accessed by, or disclosed or
provided to, Native Network.
8.1.5 Frontier Retail Telecommunications Service: Any
Telecommunications Service that Frontier provides at retailto
subscribers that are not Telecommunications Carriers. The term
"Frontier RetailTelecommunications Service" does not include any
Exchange Access service (as defined in Section 3(16) of the Act, 47
U.S.C. S 153(16)) provided by Frontier.
8.1.6 Native Network Usaoe lnformation: For a Frontier Retail
Telecommunications Service purchased by Native Network pursuant
to the Resale Attachment, the usage information that Frontier would
record if Frontier was furnishing such Frontier Retail
Telecommunications Service to a Frontier end-user retail Customer,
8.1.7 Customer lnformation: CPNI of a Customer and any other non-public,
individually identifiable information about a Customer or the purchase
by a Customer of the services or products of a Party.
8.2 Frontier OSS Services.
8.2.1 Upon request by Native Network, Frontier shall provide to Native
Network Frontier OSS Services. Such Frontier OSS Services will be
provided in accordance with, but only to the extent required by,
Applicable Law.
Native Network lD Comp v4 062416 47
8.2.2 Subject to the requirements of Applicable Law, Frontier Operations
Support Systems, Frontier Operations Support Systems functions,
Frontier OSS Facilities, Frontier OSS lnformation, and the Frontier
OSS Services that will be otfered by Frontier, shall be as determined
by Frontier. Subject to the requirements of Applicable Law, Frontier
shall have the right to change Frontier Operations Support Systems,
Frontier Operations Support Systems functions, Frontier OSS
Facilities, Frontier OSS lnformation, and the Frontier OSS Services,
from time-to-time, without the consent of Native Network.
8.2.3 To the extent required by Applicable Law, in providing Frontier OSS
Services to Native Network, Frontier will comply with Frontier's
applicable OSS Change Management Guidelines, as such Guidelines
are modified from time-to-time, including, but not limited to, the
provisions of the Guidelines related to furnishing notice of changes in
Frontier OSS Services. Frontier's OSS Change Management
Guidelines will be set out on a Frontier website.
8.3 Native Network Usage lnformation.
8.3.1 Upon request by Native Network, Frontier shall provide to Native
Network Native Network Usage lnformation. Such Native Network
Usage lnformation will be provided in accordance with, but only to the
extent required by, Applicable Law.
8.3.2 Native Network Usage lnformation will be available to Native Network
through Network Data Mover (NDM) or other such media as mutually
agreed by both Parties.
8.3.3 Native Network Usage lnformation will be provided in an ATIS EMI
format.
8.3.4 Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
Native Network Usage lnformation will be provided to Native Network
shall be determined by Frontier.
8.4 Access to and Use of Frontier OSS Facilities
8.4.1 Frontier OSS Facilities may be accessed and used by Native Network
only to the extent necessary for Native Network's access to and use of
Frontier OSS Services pursuant to this Agreement.
8.4.2 Frontier OSS Facilities may be accessed and used by Native Network
only to provide Telecommunications Services to Native Network
Customers.
8.4.3 Native Network shall restrict access to and use of Frontier OSS
Facilities to Native Network. This Section 8 does not grant to Native
Network any right or license to grant sublicenses to other persons, or
permission to other persons (except Native Network's employees,
agents and contractors, in accordance with Section 8.4.7 of this
Attachment), to access or use Frontier OSS Facilities.
8.4.4 Native Network shallnot (a) alter, modify or damage the Frontier OSS
Facilities (including, but not limited to, Frontier software), (b) copy,
remove, derive, reverse engineer, or decompile, software from the
Nativo Network lD Comp v4 062416 48
8.4.5
8.4.6
8.4.7
8.5 Frontier OSS lnformation.
8.5.1
8.5.2
8.5.3
Native Network lD Comp v4 062416
Frontier OSS Facilities, or (c) obtain access through Frontier OSS
Facilities to Frontier databases, facilities, equipment, software, or
systems, which are not offered for Native Network's use under this
Section 8.
Native Network shall comply with all practices and procedures
established by Frontier for access to and use of Frontier OSS Facilities
(including, but not limited to, Frontier practices and procedures with
regard to security and use of access and user identification codes).
All practices and procedures for access to and use of Frontier OSS
Facilities, and all access and user identification codes for Frontier OSS
Facilities: (a) shall remain the property of Frontier; (b) shall be used
by Native Network only in connection with Native Network's use of
Frontier OSS Facilities permitted by this Section 8; (c) shall be treated
by Native Network as Confidential lnformation of Frontier pursuant to
Section 10 of the General Terms and Conditions; and, (d) shall be
destroyed or returned by Native Network to Frontier upon the earlier of
request by Frontier or the expiration or termination of this Agreement.
Native Network's employees, agents and contractors may access and
use Frontier OSS Facilities only to the extent necessary for Native
Network's access to and use of the Frontier OSS Facilities permitted
by this Agreement. Any access to or use of Frontier OSS Facilities by
Native Network's employees, agents, or contractors, shall be subject
to the provisions of this Agreement, including, but not limited to,
Section 10 of the General Terms and Conditions and Section 8.5.3.2
of this Attachment.
Subject to the provisions of this Section 8, in accordance with, but only
to the extent required by, Applicable Law, Frontier grants to Native
Network a non-exclusive license to use Frontier OSS lnformation.
All Frontier OSS lnformation shallat alltimes remain the property of
Frontier. Except as expressly stated in this Section 8, Native Network
shall acquire no rights in or to any Frontier OSS lnformation.
The provisions of this Section 8.5.3 shall apply to all Frontier OSS
lnformation, except (a) Native Network Usage lnformation, (b) CPNIof
Native Network, and (c) CPNI of a Frontier Customer or a Native
Network Customer, to the extent the Customer has authorized Native
Network to use the CPNI.
8.5.3.1 Frontier OSS lnformation may be accessed and used by
Native Network only to provide Telecommunications
Services to Native Network Customers.
8.5.3.2 Native Network shalltreat Frontier OSS lnformation that is
designated by Frontier, through written or electronic notice
(including, but not limited to, through the Frontier OSS
Services), as "Confidential" or "Proprietary'' as Confidential
lnformation of Frontier pursuant to Section 10 of the
General Terms and Conditions.
49
8.5.3.3 Except as expressly stated in this Section 8, this Agreement
does not grant to Native Network any right or license to
grant sublicenses to other persons, or permission to other
persons (except Native Network's employees, agents or
contractors, in accordance with Section 8.5.3.4 of this
Attachment), to access, use or disclose Frontier OSS
lnformation.
8.5.3.4 Native Network's employees, agents and contractors may
access, use and disclose Frontier OSS lnformation only to
the extent necessary for Native Network's access to, and
use and disclosure of, Frontier OSS lnformation permitted
by this Section 8. Any access to, or use or disclosure of,
Frontier OSS lnformation by Native Network's employees,
agents or contractors, shall be subject to the provisions of
this Agreement, including, but not limited to, Section 10 of
the GeneralTerms and Conditions and Section 8.5.3.2 of
this Attachment.
8.5.3.5 Native Network's license to use Frontier OSS lnformation
shall expire upon the earliest of: (a) the time when the
Frontier OSS lnformation is no longer needed by Native
Network to provide Telecommunications Services to Native
Network Customers; (b) termination of the license in
accordance with this Section 8; or (c) expiration or
termination of this Agreement.
8.5.3.6 All Frontier OSS lnformation received by Native Network
shall be destroyed or returned by Native Network to
Frontier, upon expiration, suspension or termination of the
license to use such Frontier OSS lnformation.
Unless sooner terminated or suspended in accordance with this
Agreement or this Section 8 (including, but not limited to, Section 2.2
of the General Terms and Conditions and Section 8.6.1 of this
Attachment), Native Network's access to Frontier OSS lnformation
through Frontier OSS Services shall terminate upon the expiration or
termination of this Agreement.
8.5.4
8.5.5 Audits
8.5.5.1
8.5.5.2
Frontier shall have the right (but not the obligation) to audit
Native Network to ascertain whether Native Network is
complying with the requirements of Applicable Law and this
Agreement with regard to Native Network's access to, and
use and disclosure of, Frontier OSS lnformation.
Without in any way limiting any other rights Frontier may
have under this Agreement or Applicable Law, Frontier shall
have the right (but not the obligation) to monitor Native
Network's access to and use of Frontier OSS lnformation
which is made available by Frontier to Native Network
pursuant to this Agreement, to ascertain whether Native
Network is complying with the requirements of Applicable
Law and this Agreement, with regard to Native Network 's
access to, and use and disclosure of, such Frontier OSS
lnformation. The foregoing right shall include, but not be
Nativo Network lD Comp v4 062416 50
limited to, the right (but not the obligation) to electronically
monitor Native Network's access to and use of Frontier
OSS lnformation which is made available by Frontier to
Native Network through Frontier OSS Facilities.
8.5.5.3 lnformation obtained by Frontier pursuant to this Section
8.5.5 shall be treated by Frontier as Confidential lnformation
of Native Network pursuant to Section 10 of the General
Terms and Conditions; provided that, Frontier shall have the
right (but not the obligation) to use and disclose information
obtained by Frontier pursuant to Section 8.5.5 of this
Attachment to enforce Frontier's rights under this
Agreement or Applicable Law.
8.5.6 Native Network acknowledges that the Frontier OSS lnformation, by its
nature, is updated and corrected on a continuous basis by Frontier,
and therefore that Frontier OSS lnlormation is subject to change from
time to time.
8.6 Liabilities and Remedies.
8.6.1 Any breach by Native Network, or Native Network's employees,
agents or contractors, of the provisions of Sections 8.4 or 8.5 of this
Attachment shall be deemed a material breach of this Agreement. ln
addition, if Native Network or an employee, agent or contractor of
Native Network at any time breaches a provision of Sections 8.4 or 8.5
of this Attachment and such breach continues for more than ten (10)
days after written notice thereof from Frontier, then, except as
otherwise required by Applicable Law, Frontier shall have the right,
upon notice to Native Network, to suspend the license to use Frontier
OSS lnformation granted by Section 8.5.1 of this Attachment and/or
the provision of Frontier OSS Services, in whole or in part.
8.6.2 Native Network agrees that Frontier would be irreparably injured by a
breach of Sections 8.4 or 8.5 of this Attachment by Native Network or
the employees, agents or contractors of Native Network, and that
Frontier shall be entitled to seek equitable relief, including injunctive
relief and specific performance, in the event of any such breach. Such
remedies shall not be deemed to be the exclusive remedies for any
such breach, but shall be in addition to any other remedies available
under this Agreement or at law or in equity.
8.7 Relation to Applicable Law.
The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the
confidentiality of information shall be in addition to and not in derogation of any
provisions of Applicable Law with regard to the confidentiality of information,
including, but not limited to, 47 U.S.C . g 222, and are not intended to constitute a
waiver by Frontier of any right with regard to protection of the confidentiality of
the information of Frontier or Frontier Customers provided by Applicable Law.
8.8 Cooperation.
Native Network, at Native Network's expense, shall reasonably cooperate with
Frontier in using Frontier OSS Services. Such cooperation shall include, but not
be limited to, the following:
Native Network lD Comp v4 062416 51
8.9 Frontier Access to lnformation Related to Native Network Customers.
8.9.1
8.8.1
8.8.2
8.8.3
8.9.2
Upon request by Frontier, Native Network shall by no later than the
fifteenth (1Sth) day of the last month of each Calendar Quarter submit
to Frontier reasonable, good faith estimates of the volume of each type
of OSS transaction that Native Network anticipates submitting in each
week of the next Calendar Quarter.
Native Network shall reasonably cooperate with Frontier in submitting
orders for Frontier Services and otherwise using the Frontier OSS
Services, in order to avoid exceeding the capacity or capabilities of
such Frontier OSS Services.
Native Network shall participate in cooperative testing of Frontier OSS
Services and shall provide assistance to Frontier in identifying and
correcting m istakes, om issions, i nterruptions, delays, errors, def ects,
faults, failures, or other deficiencies, in Frontier OSS Services.
Frontier shall have the right to access, use and disclose information
related to Native Network Customers that is in Frontier's possession
(including, but not limited to, in Frontier OSS Facilities) to the extent
such access, use and/or disclosure has been authorized by the Native
Network Customer in the manner required by Applicable Law.
Upon request by Frontier, Native Network shall negotiate in good faith
and enter into a contract with Frontier, pursuant to which Frontier may
obtain access to Native Network's operations support systems
(including, systems for pre-ordering, ordering, provisioning,
maintenance and repair, and billing) and information contained in such
systems, to permit Frontier to obtain information related to Native
Network Customers (as authorized by the applicable Native Network
Customer), to permit Customers to transfer service from one
Telecommunications Carrier to another, and for such other purposes
as may be permitted by Applicable Law.
fintentionally Lefi Blank].
Cancellations.
8.10
8.11
Frontier may cancel orders for service which have had no activity within thirty-
one (31) consecutive calendar days after the original service due date.
9. Poles, Ducts, Conduits and Rlghts-of-Way
9.1 Frontier shall afford Native Network non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by Frontier. Such access shall be
provided in accordance with, but only to the extent required by, Applicable Law,
pursuant to Frontier's applicable Taritfs, or, in the absence of an applicable
Frontier Taritf, Frontier's generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually acceptable
agreement to be negotiated by the Parties.
9.2 Native Network shall afford Frontier non-discriminatory access to poles, ducts,
conduits and rights-of-way owned or controlled by Native Network. Such access
shall be provided pursuant to Native Network's applicable Tariffs, or, in the
absence of an applicable Native Network Taritf, Native Network's generally
otfered form of license agreement, or, in the absence of such a Taritf and license
Native Network lD Comp v4 062416 52
agreement, a mutually acceptable agreement to be negotiated by the Parties.
The terms, conditions and prices offered to Frontier by Native Network for such
access shall be no less favorable than the terms, conditions and prices offered to
Native Network by Frontier for access to poles, ducts, conduits and rights of way
owned or controlled by Frontier.
10. Telephone Numbers
10.1 This Section applies in connection with Native Network Customers served by
Telecommunications Services provided by Frontier to Native Network for resale
10.2 Native Network's use of telephone numbers shall be subject to Applicable Law
and the rules of the North American Numbering Council, the North American
Numbering Plan Administrator, the applicable provisions of this Agreement
(including, but not limited to, this Section 10), and Frontier's practices and
procedures for use and assignment of telephone numbers, as amended from
time-to-time.
10.3 Subject to Sections 10.2 and 10.4 of this Attachment, if a Customer of either
Frontier or Native Network who is served by a Frontier Telecommunications
Service ("VTS") changes the LEC that serves the Customer using such VTS
(including a change from Frontier to Native Network, from Native Network to
Frontier, or from Native Network to a LEC other than Frontier), after such
change, the Customer may continue to use with such VTS the telephone
numbers that were assigned to the VTS for the use of such Customer by Frontier
immediately prior to the change.
10.4 Frontier shall have the right to change the telephone numbers used by a
Customer if at any time: (a) the Customer requests service at a new location,
that is not served by the Frontier switch and the Frontier rate center from which
the Customer previously had service; (b) continued use of the telephone
numbers is not technically feasible; or, (c) in the case of Telecommunications
Service provided by Frontier to Native Network for resale, the type or class of
service subscribed to by the Customer changes.
10.5 lf service on a VTS provided by Frontier to Native Network under this Agreement
is terminated and the telephone numbers associated with such WS have not
been ported to a Native Network switch, the telephone numbers shall be
available for reassignment by Frontier to any person to whom Frontier elects to
assign the telephone numbers, including, but not limited to, Frontier, Frontier
Customers, Native Network, or Telecommunications Carriers other than Frontier
and Native Network.
10.6 Native Network may reserve telephone numbers only to the extent Frontier's
Customers may reserve telephone numbers.
11. Routing for Operator Services and Directory Assistance Traffic
For a Frontier Telecommunications Service dial tone line purchased by Native Network
for resale pursuant to the Resale Attachment, upon request by Native Network, Frontier
will establish an arrangement that will permit Native Network to route the Native Network
Customer's calls for operator and directory assistance services to a provider of operator
and directory assistance services selected by Native Network. Frontier will provide this
routing arrangement in accordance with, but only to the extent required by, Applicable
Law. Frontier will provide this routing arrangement pursuant to an appropriate written
request submitted by Native Network and a mutually agreed-upon schedule. This routing
arrangement will be implemented at Native Network's expense, with charges determined
Native Network lD Comp v4 062416 53
on an individual case basis. ln addition to charges for initially establishing the routing
arrangement, Native Network will be responsible for ongoing monthly and/or usage
charges for the routing arrangement. Native Network shall arrange, at its own expense,
the trunking and other facilities required to transport tratfic to Native Network's selected
provider of operator and directory assistance services.
12. Unauthorized Carrier Change Charges
ln the event either Party requests that the other Party install, provide, change, or
terminate a Customer's Telecommunications Service (including, but not limited to, a
Customer's selection of a primary Telephone Exchange Service Provider) without having
obtained authorization from the Customer for such installation, provision, selection,
change or termination in accordance with Applicable Laws, the requesting Parg shall be
liable to the other Party for all charges that would be applicable to the Customer for the
initial change in the Custome/s Telecommunications Service and any charges for
restoring the Customer's Telecommunications Service to its Customer-authorized
condition (all such charges together, the "Carrier Change Charges"), including to the
appropriate primary Telephone Exchange Service provider. Such Carrier Change
Gharges may be assessed on the requesting Party by the other Pafi at any time after
the Customer is restored to its Customer-authorized condition.
13. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Etfective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with Native Network reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Native Netrrcrk lD Comp v4 062416 il
INTERCONNECTION ATTACH M ENT
1.General
Each Party shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at (i) any technically feasible
Point(s) of lnterconnection on Frontier's network in a LATA and/or (ii) a fiber meet point to
which the Parties mutually agree under the terms of this Agreement, for the transmission
and routing of Telephone Exchange Service and Exchange Access. By way of example,
a technically feasible Point of lnterconnection on Frontier's network in a LATA would
include an applicable Frontier Tandem lnterconnection Wire Center or Frontier End Otfice
lnterconnection Wire Center but, notwithstanding any other provision of this Agreement
or otherwise, would not include a Native Network lnterconnection Wire Center, Native
Network switch or any portion of a transport facility provided by Frontier to Native
Network or another party between (x) a Frontier lnterconnection Wire Center or switch
and (y) the lnterconnection Wire Center or switch of Native Network or another party. For
brevity's sake, the foregoing examples of locations that, respectively, are and are not "on
Frontier's network" shall apply (and are hereby incorporated by reference) each time the
term "on Frontier's network" is used in this Agreement.
2. Points of lnterconnection and Trunk Types
2.1 Point(s) of lnterconnection.
2.1.1 Each Party, at its own expense, shall provide transport facilities to the
technically feasible Point(s) of lnterconnection on Frontier's network in
a LATA selected by Native Network.
2.2 Trunk Types.
2.2.1 ln interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 lnterconnection Trunks for the transmission and routing of
Reciprocal Compensation Traff ic, translated LEC lntraLATA
toll free service access code (e.9., 80018881877) traffic, and
lntraLATA Toll Tratfic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffic, and,
Measured lnternet Tratfic, all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic, including translated
lnterLATA tollfree service access code (e.9., 80018881877)
tratfic, between Native Network Telephone Exchange
Service Customers and purchasers of Switched Exchange
Access Service via a Frontier access Tandem in
accordance with Sections 9 through 11 of this Attachment;
and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
tratfic congestion and testing; and, (b) untranslated
Native Neh^ork lD Comp v4 062416 55
lntraLATfulnterLATA toll free service access code (e.g
80018881877) traffic.
Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.9., 911/E-911 Trunks) or in
other separate agreements between the Parties (e.9., directory
assistance trunks, operator services trunks, BLV/BLVI trunks or trunks
for 500/555 traffic).
ln accordance with the terms of this Agreement, the Parties will deploy
One-Way lnterconnection Trunks (trunks with tratfic going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way lnterconnection Trunks (trunks with traffic going in
both directions).
Native Network 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
Native Network originates calls for Frontier to terminate.
ln the event the volume of traffic between a Frontier End Office and a
technically feasible Point of lnterconnection on Frontier's network in a
LATA, which is carried by a Final Tandem lnterconnection Trunk
group, exceeds (a) the Centum Call Seconds (Hundred Gall Seconds)
busy hour equivalent of one (1) DS1 at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centum Call
Seconds (BHCCS) of use for a single month: (i) if One-Way
lnterconnection Trunks are used, the originating Party shall promptly
establish new or augment existing End Office One-Way
lnterconnection Trunk groups between the Frontier End Office and the
technically feasible Point of lnterconnection on Frontier's network; or,
(ii) if Two-Way lnterconnection Trunks are used, Native Network shall
promptly submit an ASR to Frontier to establish new or augment
existing End Office Two-Way lnterconnection Trunk group(s) between
that Frontier End Office and the technically feasible Point of
lnterconnection on Frontier's network.
Except as otherwise agreed in writing by the Parties, the total number
of Tandem lnterconnection Trunks between a technically feasible
Point of lnterconnection on Frontier's network and a Frontier Tandem
will be limited to a maximum of 240 trunks. ln the event that the
volume of traffic between a technically feasible Point of
lnterconnection on Frontier's network and a Frontier Tandem exceeds,
or reasonably can be expected to exceed, the capacity of the 240
trunks, Native Network shall promptly submit an ASR to Frontier to
establish new or additional End Office Trunks to insure that the volume
of tratfic between the technically feasible Point of lnterconnection on
Frontier's network and the Frontier Tandem does not exceed the
capacity of the 240 trunks,
2.3 One-WaylnterconnectionTrunks.
2.3.1 Where the Parties use One-Way lnterconnection Trunks for the
delivery of traffic from Native Network to Frontier, Native Network, at
Native Network's own expense, shall:
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
Native Network lD Comp v4 062416 56
2.3.1.'.|provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA; and/or
2.3.1.2 obtain transport for delivery of the traffic to the technically
feasible Point(s) of lnterconnection on Frontier's network in
a LATA (a) from a third party, or, (b) if Frontier offers such
transport pursuant to a Frontier access Tariff, from Frontier.
For each Tandem or End Office One-Way lnterconnection Trunk group
for delivery of traffic from Native Network to Frontier with a utilization
level of less than sixty percent (60o/o) for final trunk groups and eighty-
five percent (85%) for high usage trunk groups, unless the Parties
agree otherwise, Native Network will promptly submit ASRs to
disconnect a sufficient number of lnterconnection Trunks to attain a
utilization level of approximately sixty percent (60%) for allfinal trunk
groups and eighty{ive percent (85olo) for all high usage trunk groups.
ln the event Native Network fails to submit an ASR to disconnect One-
Way lnterconnection Trunks as required by this Section, Frontier may
disconnect the excess lnterconnection Trunks or bill (and Native
Network shall pay) for the excess lnterconnection Trunks at the rates
set forth in the Pricing Attachment.
Where the Parties use One-Way lnterconnection Trunks for the
delivery of traffic from Frontier to Native Network, Frontier, at Frontier's
own expense, shall provide its own facilities for delivery of the tratfic to
the technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA.
2.4 Two-WaylnterconnectionTrunks.
2.4.1 Where the Parties use Two-Way lnterconnection Trunks for the
exchange of tratfic between Frontier and Native Network, Native
Network, 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 a Frontier access Tariff, from Frontier.
2.4.2 Where the Parties use Two-Way lnterconnection Trunks for the
exchange of traffic between Frontier and Native Network, Frontier, at
its own expense, shall provide its own facilities to the technically
feasible Point(s) of lnterconnection on Frontier's network in a LATA.
2.4.3 Prior to establishing any Two-Way lnterconnection Trunks, Native
Network shall meet with Frontier to conduct a joint planning meeting
('Uoint Planning Meeting"). At that Joint Planning Meeting, each Party
shall provide to the other Party originating Centum Call Seconds
(Hundred Call Seconds) information, and the Parties shall mutually
agree on the appropriate initial number of End Office and Tandem
Two-Way lnterconnection Trunks and the interface specifications at
the technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA at which the Parties interconnect for the exchange
2.3,2
2.3.3
Nativo Netwoft lD Comp v4062416 57
2.4.4
2.4.5
2.4.6
2.4.7
2.4.8
2.4.9
2.4.10
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.
On a semi-annual basis, Native Network shall submit a good faith
forecast to Frontier of the number of End Office and Tandem Two-Way
lnterconnection Trunks that Native Network anticipates Frontier will
need to provide during the ensuing two (2) year period for the
exchange of traffic between Native Network and Frontier. Native
Network's trunk forecasts shall conform to the Frontier CLEC trunk
forecasting guidelines as in effect at that time.
The Parties shall meet (telephonically or in person) from time to time,
as needed, to review data on End Office and Tandem Two-Way
lnterconnection Trunks to determine the need for new trunk groups
and to plan any necessary changes in the number of Two-Way
lnterconnection Trunks.
Two-Way lnterconnection Trunks shallhave SS7 Common Channel
Signaling. The Parties agree to utilize BSZS and Extended Super
Frame (ESF) DS1 facilities, where available.
With respect to End Office Two-Way lnterconnection Trunks, both
Parties shalluse an economic Centum CallSeconds (Hundred Call
Seconds) equal to five (5). Either Pafi may disconnect End Office
Two-Way lnterconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffic volume experienced.
Two-Way lnterconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson 8.005 during the average time consistent busy hour.
Two-Way lnterconnection Trunk groups that connect to a Frontier local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson B.01 during the average time consistent busy hour.
Frontier and Native Network shall engineer Two-Way lnterconnection
Trunks using Telcordia Notes on the Networks 5R2275 (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 B.01, as applicable) for three
(3) consecutive calendar traffic study months.
Native Network 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. Native Network shall order Two-Way
lnterconnection Trunks by submitting ASRs to Frontier setting forth the
number of Two-Way lnterconnection Trunks to be installed and the
requested installation dates within Frontier's effective standard
intervals or negotiated intervals, as appropriate. Native Network shall
complete ASRs in accordance with OBF Guidelines as in effect from
time to time.
Native Netlrcrk lD Comp v4 062416 58
2.4.11
2.4.12
2.4.13
2.4.14
3. Alternative lnterconnection Arrangements
3.'l Fiber Meet Arrangement Provisions.
3.1.1 Each Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
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 Native Network has not notified
Frontier that it has corrected such blocking, Frontier may submit to
Native Network a Trunk Group Service Request directing Native
Network to remedy the blocking. Upon receipt of a Trunk Group
Service Request, Native Network willcomplete an ASR to establish or
augment the End Otfice 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 allTandem Two-Way lnterconnection Trunk
groups that reach a utilization level of seventy percent (7O"/"), or
greater, to determine whether those groups should be augmented.
Native Network will promptly augment allTandem Two-Way
lnterconnection Trunk groups that reach a utilization level of eighty
percent (80'lo) by submitting ASBs for additionaltrunks 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
level of less than sixty percent (600/o), unless the Parties agree
otherwise, Native Network will promptly submit ASRs to disconnect a
sufficient number of lnterconnection Trunks to attain a utilization level
of approximately sixty percent (600/o) for each respective group, unless
the Parties agree that the Two-Way lnterconnection Trunks should not
be disconnected. ln the event Native Network fails to submit an ASR
for Two-Way lnterconnection Trunks in conformance with this Section,
Frontier may disconnect the excess lnterconnection Trunks or bill (and
Native Network shall pay) for the excess lnterconnection Trunks at the
applicable Frontier rates.
Because Frontier will not be in control of when and how many Two-
Way lnterconnection Trunks are established between its network and
Native Network's network, Frontier's performance in connection with
these Two-Way lnterconnection Trunk groups shall not be subject to
any performance measurements and remedies under this Agreement,
and, except as otherwise required by Applicable Law, under any FCC
or Commission approved carrier-to-carrier performance assurance
guidelines or plan.
Native Network will route its traffic to Frontier over the End Otfice and
Tandem Two-Way lnterconnection Trunks in accordance with SR-
TAP-000191, including but not limited to those standards requiring that
a call from Native Network to a Frontier End Office will first be routed
to the End Office lnterconnection Trunk group between Native
Network and the Frontier End Office.
Native Netuork lD Comp v4 062416 59
3.1.2
3.1.3
exchanging an amount of applicable tratfic (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither Native Network nor any of Native Network's affiliates
has an overdue balance on any bill rendered to Native Network or
Native Network's affiliates for charges that are not subject to a good
falth dispute. Any such Fiber Meet arrangement shall be subject to the
terms of this Agreement. ln addition, the establishment of any Fiber
Meet arrangement is expressly conditioned upon the Parties mutually
agreeing to the technical specifications and requirements for such
Fiber Meet arrangement including, but not limited to, the location of the
Fiber Meet points, routing, equipment (e.9., specifications of Add/Drop
Multiplexers, number of strands of fiber, etc.), software, ordering,
provisioning, maintenance, repair, testing, augment and on any other
technical specifications or requirements necessary to implement the
Fiber Meet arrangement. For each Fiber Meet arrangement the
Parties agree to implement, the Parties will complete and sign a
Technical Specifications and Requirements document, the form of
which is attached hereto as Exhibit A to Section 3 of the
lnterconnection Attachment Fiber Meet Arrangement Provisions. Each
such document will be treated as Confidential lnformation.
The Parties agree to consider the possibility of using existing fiber
cable with spare capacity, where available, to implement any such
request for a Fiber Meet arrangement. lf existing fiber cable with
spare capacity is not available, the Parties agree to minimize the
construction and deployment of fiber cable necessary for any Fiber
Meet arrangement to which they agree. Except as otherwise agreed
by the Parties, any and all Fiber Meet points established between the
Parties shall extend no further than three (3) miles from an applicable
Frontier Tandem or End Office and Frontier shall not be required to
construct or deploy more than five hundred (500) feet of fiber cable for
a Fiber Meet arrangement.
A Fiber Meet arrangement established under this Agreement may be
used for the transmission and routing of only the following traffic types
(over the lnterconnection Trunks):
3.1.3.1 Reciprocal Compensation Traffic between the Parties'
respective Telephone Exchange Service Customers;
3.1.3.2
3.1.3.3
Translated LEC lntraLATA toll free service access code
(e.9., 800/8881877) traffic between the Parties' respective
Telephone Exchange Service Customers;
lntraLATA Toll Traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Tratfic; and
3.1.3.5 Measured lnternet Traffic
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of traffic of the
types set forth in Sections 3.1.3.1 and/or 3.1.3.5, other than the
obligation to pay intercarrier compensation charges pursuant to the
terms of the Agreement, neither Party shall have any obligation to pay
the other Party any charges in connection with any Fiber Meet
Native Net\ivork lD Comp v4 062416 60
3.1.4
3.1.5
4. lnitiating lnterconnection
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of tratfic of the type set forth in Section
3.'1.3.2, the transport and termination of such traffic shall be subject to
the rates and charges set forth in the Agreement and applicable
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of traffic
of the type set forth in Section 3.1.3.3, the Party originating such traffic
shall compensate the terminating Party for the transport and
termination of such tratfic at the rates and charges set forth in the
Agreement and applicable Tariffs. To the extent that a Fiber Meet
arrangement established under this Agreement is used for the
transmission and routing of traffic of the type set forth in Section
3.1,3.4, Frontier shall charge (and Native Network shall pay) Frontier's
applicable rates and charges as set forth in the Agreement and
Frontier's applicable Tariffs, including transport charges to the
terminating Frontier Tandem.
At Native Network's written request, a Fiber Meet arrangement
established under this Agreement may be used for the transmission
and routing of the following traffic types over the following trunk types:
3.1.4.1 Operator services traffic from Native Network's Telephone
Exchange Service Customers to an operator services
provider over operator services trunks;
3.1.4.2 Directory assistance traffic from Native Network's
Telephone Exchange Service Customers to a directory
assistance provider over directory assistance trunks;
3.1.4.3 911 traffic from Native Network's Telephone Exchange
Service Customers to 911/E-911 Tandem
Office(s)/Selective Router(s) over 911 trunks; and
3.1.4.4 Jointly-provided Switched Exchange Access Service traffic,
including translated lnterLATA toll free service access code
(e.9., 800/8881877) traffic, between Native Network's
Telephone Exchange Service Customers and third-party
purchasers of Switched Exchange Access Service via a
Frontier access Tandem over Access Toll Connecting
Trunks.
To the extent that a Fiber Meet arrangement established under this
Agreement is used for the transmission and routing of any traffic of the
types set forth in this Section 3.1.4 Frontier may bill (and Native
Network shall pay) Frontier's applicable Tariff rates and charges.
Except as otherwise agreed in writing by the Parties or as expressly
set forth in Sections 3.1.3 and/or 3.1.4 of this lnterconnection
Attachment, access services (switched and unswitched) and
unbundled network elements shall not be provisioned on or accessed
through Fiber Meet arrangements.
Native Network will include tratfic to be exchanged over Fiber Meet
arrangements in its forecasts provided to Frontier under the
Agreement.
Native N€twork lD Comp v4062416 61
lf Native Network 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, Native Network shall provide written notice to
Frontier of the need to establish lnterconnection in such LATA pursuant to this
Agreement.
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) Native Network's intended lnterconnection
activation date; (d) a forecast of Native Network's trunking requirements
conforming to Section 14.2 ol this Attachment; and (e) such other information as
Frontier shall reasonably request in order to facilitate Interconnection.
The interconnection activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated
above. Within ten (10) Business Days of Frontier's receipt of Native Network's
notice provided for in Section 4.1of this Attachment, Frontier and Native Network
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.
5. Transmission and Routlng of Telephone Exchange Servlce Traffic
5.1 Scope of Traffic.
Section 5 prescribes parameters for lnterconnection Trunks used for
lnterconnection pursuant to Sections 2 through 4 of this Attachment.
5.2 Trunk Group Connections and Ordering.
5.2.1 For both One-Way and Two-Way lnterconnection Trunks, if Native
Network wishes to use a technically feasible interface other than a
DS1 or a DS3 facility at the POl, the Parties shall negotiate reasonable
terms and conditions (including, without limitation, rates and
implementation timeframes) for such arrangement; and, if the Parties
cannot agree to such terms and conditions (including, without
limitation, rates and implementation timeframes), either Party may
utilize the Agreement's dispute resolution procedures.
When One-Way or Two-Way lnterconnection Trunks are provisioned
using a DS3 interface facility, if Native Network orders the multiplexed
DS3 facilities to a Frontier Central Office that is not designated in the
NECA 4Taritl 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.
5.2.2
4.1
4.2
4.3
Native Net\,\ork lD Comp v4 062416 62
5.2.3 Each Party will identify its Carrier ldentification Code, a three or four
digit numeric code obtained from Telcordia, to the other Party when
ordering a trunk group.
5.2.4 For multi-frequency (MF) signaling each Party will out pulse ten (10)
digits to the other Party, unless the Parties mutually agree otherwise.
5.2.5 Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing Native Network traffic to Frontier, the subtending
arrangements between Frontier Tandems and Frontier End Offices shall be the
same as the Tandem/End Office subtending arrangements Frontier maintains for
the routing of its own or other carriers'traffic (i.e., traffic will be routed to the
appropriate Frontier Tandem subtended by the terminating End Otfice serving
the Frontier Customer). For purposes of routing Frontier tratfic to Native
Network, the subtending arrangements between Native Network Tandems and
Native Network End Offices shall be the same as the Tandem/End Otfice
subtending arrangements that Native Network maintains for the routing of its own
or other carriers' traffic.
5.4 Signaling.
Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions of this Agreement and any
applicable Tariff.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1 of this
Attachment.
6. Trafflc Measurement and Billing over lnterconnectaon Trunks
6.'l For billing purposes, each Party shall pass Calling Party Number (CPN)
information on at least ninety{ive percent (95%) of calls carried over the
lnterconnection Trunks. ln addition each party shall pass Charge Number (CN)
unaltered where it is ditferent than CPN.
6.1.1 As used in this Section 6, "Traffic Rate" means the applicable
Reciprocal Compensation Traffic rate, Measured lnternet Tratfic rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastate/interstate Tandem Transit
Traffic rate, as provided in the Pricing Attachment, an applicable Taritf,
or, for Measured lnternet Traffic, the FCC lnternet Orders.
6.1.2 lf the originating Party passes CPN on ninety{ive percent (95o/o) or
more of its calls, the receiving Party shall bill the originating Pafi the
Traffic Rate applicable to each relevant minute of traffic for which CPN
is passed. For any remaining (up to 5%) calls without CPN
Native Network lD Comp v4 062416 63
information, the receiving Party shall bill the originating Party for such
traffic at the Traffic Hate 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{ive percent
(95%) of its calls and traffic studies determine the originating Party
combined Reciprocal Compensation Traffic and TollTraffic on the
same trunk group, the receiving Party shall bill the higher of its
interstate Switched Exchange Access Service rates or its intrastate
Switched Exchange Access Services rates for all traffic that is passed
without CPN.
6.2 At such time as a receiving Party has the capability, on an automated basis, to
use such CPN to classify traffic delivered over lnterconnection Trunks by the
other Party by Traffic Rate type (e.9., Reciprocal Compensation Traffic/Measured
lnternet Traffic, intrastate Switched Exchange Access Service, interstate
Switched Exchange Access Service, or intrastate/interstate Tandem Transit
Traffic), such receiving Party shall bill the originating Party the Traffic Rate
applicable to each relevant minute of traffic for which CPN is passed. lf the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic delivered by the other Party
by Traffic Bate type, the originating Party will supply Traffic Factor 1 and Traffic
Factor 2. The Traffic Factors shall be supplied in writing by the originating Party
within thirty (30) days of the Effective Date and shall be updated in writing by the
originating Party quarterly. Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.9.,
80018881877) calls shall be in accordance with applicable Tariffs. Each Party
reserves the right to audit all Traffic, up to a maximum of two audits per Calendar
Year, to ensure that rates are being applied appropriately; provided, however,
that either Party shall have the right to conduct additional audit(s) if the preceding
audit disclosed material errors or discrepancies. Each Party agrees to provide
the necessary Traffic data in conjunction with any such audit in a timely manner.
Measured lnternet Traffic and Reciprocal Compensation Traffic shall be
exchanged by the parties on a bill and keep basis.
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.
lf and, to the extent that, a Native Network Customer receives V/FX Traffic,
Native Network shall promptly provide notice thereof to Frontier (such notice to
include, without limitation, the specific telephone number(s) that the Customer
uses for V/FX Traffic, as well as the LATA in which the Customer's station is
actually physically located) and shall not bill Frontier Reciprocal Compensation,
intercarrier compensation or any other charges lor calls placed by Frontier's
Customers to such Native Network Customers.
7. Reciprocal Compensation Arrangements Pursuant to Section 251(bX5) of the Act
7.1 ReciprocalCompensation.
The Parties shall exchange Reciprocal Compensation Traffic at the technically
feasible Point(s) of lnterconnection on Frontier's network in a LATA designated in
6.3
6.4
Nativ€ Network lD Comp v4 062416 64
accordance with the terms of this Agreement. The Party's will exchange
Reciprocal Compensation Traffic on a bill and keep basis. No additional charges
shall be assessed by the terminating Party for the transport and termination of
such traffic from the technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA to its Customer; provided, however, for the avoidance of any
doubt, Native Network shall also pay Frontier, at the rates set forth in the Pricing
Attachment, for any multiplexing, cross connects or other collocation related
Services that Native Network obtains from Frontier. When Toll Traffic is
delivered over the same lnterconnection Trunks as Reciprocal Compensation
Traffic, any port, transport or other applicable access charges related to the
delivery of Toll Traffic from the technically feasible Point of lnterconnection on
Frontier's network in a LATA to the terminating Party's Customer shall be
prorated so as to apply only to the Toll Traffic. The designation of traffic as
ReciprocalCompensation Traffic for purposes of ReciprocalCompensation shall
be based on the actual originating and terminating points of the complete end-to-
end communication.
7.2 Traffic Not Subject to Reciprocal Compensation.
7.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic), lnformation Access, or exchange
services for Exchange Access or lnformation Access.
7.2.2 Reciprocal Compensation shall not apply to lnternet Traffic.
7.2.3 Reciprocal Compensation shall not apply to Toll Tratfic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a
casual dialed (1 0XXV1 01 XXXX) basis.
7.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Scope Arrangement Traffic.
7.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
7.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
7.2.7 Reciprocal Compensation shall not apply to Voice lnformation Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
7.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Fleciprocal Compensation under Section 251(bxs) of the Act.
7.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (i.e., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a Native
Network Customer is assigned a telephone number with an NXX Code
(as set forth in the LERG) associated with an exchange that is ditferent
than the exchange (as set forth in the LERG) associated with the
actual physical location of such Customer's station. For the avoidance
of any doubt, Native Network shall pay Frontier's originating access
charges for all V/FX Tratfic originated by a Frontier Customer, and
Native Network shall pay Frontier's terminating access charges for all
V/FX Traffic originated by a Native Network Customer.
Other Types of Traffic8.
Native Network lD Comp v4 062416 65
8.1
8.2
o
9.2.3
9.2.4
8.3
8.4
Intentionally Left Blank]
lnterstate and intrastate Exchange Access, lnformation Access, exchange
services for Exchange Access or lnformation Access, and Toll Traffic, shall be
governed by the applicable provisions of this Agreement and applicable Tariffs.
For any traffic originating with a third party carrier and delivered by Native
Network to Frontier, Native Network 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 Native Network.
Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
8.5 The Parties may also exchange lnternet Traffic at the technically feasible Point(s)
of lnterconnection on Frontier's network in a LATA established hereunder for the
exchange of Reciprocal Compensation Traffic. Any intercarrier compensation
that may be due in connection with the Parties' exchange of lnternet Traffic shall
be applied at such technically feasible Point of lnterconnection on Frontier's
network in a LATA in accordance with the FCC lnternet Orders and other
applicable FCC orders and FCC Regulations.
Transmission and Routing of Exchange Access Traffic
9.1 Scope of Traffic.
Section 9 prescribes parameters for certain trunks to be established over the
lnterconnections specified in Sections 2 through 5 of this Attachment for the
transmission and routing of traffic between Native Network Telephone Exchange
Service Customers and lnterexchange Carriers ("Access Toll Connecting
Trunks"), in any case where Native Network elects to have its End Office Switch
subtend a Frontier Tandem. This includes casually-dialed (1010XXX and
101XXXX) traffic.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.',|lf Native Network chooses to subtend a Frontier access Tandem,
Native Network's NPA/NXX must be assigned by Native Network to
subtend the same Frontier access Tandem that a Frontier NPA/NXX
serving the same Rate Center Area subtends as identified in the
LERG.
9.2.2 Native Network shall establish Access Toll Connecting Trunks
pursuant to applicable access Tariffs by which it will provide Switched
Exchange Access Services to lnterexchange Carriers to enable such
lnterexchange Carriers to originate and terminate traffic to and from
Native Network's Customers.
The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office Native Network utilizes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Frontier utilizes
to provide Exchange Access in such LATA.
Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow Native
Native Network lD Comp v4 062416 oo
10.
10.7
10.8
Network's Customers to connect to or be connected to the
interexchange trunks of any lnterexchange Carrier which is connected
to a Frontier access Tandem.
Meet-Point Billing (MPB) Arrangements
10.1 Native Network and Frontier will establish MPB arrangements in order to provide
a common transport option to Switched Exchange Access Services customers
via a Frontier access Tandem Switch in accordance with the MPB guidelines
contained in the OBF's MECAB and MECOD documents, except as modified
herein, and in Frontier's applicable Taritfs. The arrangements described in this
Section 10 are intended to be used to provide Switched Exchange Access
Service where the transport component of the Switched Exchange Access
Service is routed through an access Tandem Switch that is provided by Frontier.
10.2 ln each I-ATA, the Parties shall establish MPB arrangements for the applicable
Native Network Routing PoinVFrontier Serving lnterconnection Wire Center
combinations.
10.3 lnterconnection for the MPB arrangement shall occur at each of the Frontier
access Tandems in the LATA, unless otherwise agreed to by the Parties.
Native Network and Frontier will use reasonable efforts, individually and
collectively, to maintain provisions in their respective state access Tariffs, and/or
provisions within the National Exchange Carrier Association (NECA) Tariff No. 4,
or any successor Tariff sufficient to reflect the MPB arrangements established
pursuant to this Agreement.
10.4
10.5 ln general, there are lour alternative MPB arrangements possible, which are:
Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple Tariff, and
Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the "Multiple Bill/Single Tariff'or "Multiple Bill/Multiple
Tariff'option, as appropriate, in order to bill an IXC for the portion of the MPB
arrangement provided by that Party. Alternatively, in former Bell Atlantic service
areas, upon agreement of the Parties, each Party may use the New York State
Access Pool on its behalf to implement the Single Bill/Multiple Taritf or Single
Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party's applicable Tariffs, or other
document that contains the terms under which that Parg's access services are
offered. For each Native Network Routing PoinVFrontier Serving lnterconnection
Wire Center combination, the MPB billing percentages for transport between the
Native Network Routing Point and the Frontier Serving lnterconnection Wire
Center shall be calculated in accordance with the formula set forth in Section
'10.17 of this Attachment.
Each Party shall provide the other Pafi with the billing name, billing address,
and Carrier ldentification Code (ClC) of the lXC, and identification of the Frontier
lnterconnection Wire Center serving the IXC in order to comply with the MPB
notification process as outlined in the MECAB document.
Frontier shall provide Native Network with the Terminating Switched Access
Detail Usage Data (EMl category 1101XX records) recorded at the Frontier
Native Netvrork lD Comp v4 062416 67
10.9
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 of this
Attachment shall be sent to the following addresses:
10.11
access Tandem on cartridge or via such other media as the Parties may agree
to, no later than ten (10) Business Days after the date the usage occurred.
Native Network shall provide Frontier with the Originating Switched Access Detail
Usage Data (EMl category 1101XX records) on cartridge or via such other media
as the Parties may agree, no later than ten (10) Business Days after the date the
usage occurred.
10.12
10.13
10.14
To Native Network:
Native Network, lnc.
Jenny Rickel, Chief Operating Officer
250 East Penny Road, Suite 200
Wenatchee, WA 98801
For Frontier:
Frontier Communications
Attention: Access Billing
P.O. Box 92713
Rochester, NY 14692
Either Party may change its address for receiving usage data by notifying the
other Party in writing pursuant to Section 29 of the General Terms and
Conditions.
Native Network and Frontier shall coordinate and exchange the billing account
reference (BAR) and billing account cross reference (BACR) numbers or
Operating Company Number ('OCN"), as appropriate, for the MPB arrangements
described in this Section 10. Each Party shall notify the other if the level of billing
or other BAF/BACR elements change, resulting in a new BAF/BACR number, or
if the OCN changes.
Each Party agrees to provide the other Party with notification of any errors it
discovers in MPB data within thirty (30) calendar days of the receipt of the
original data. The other Party shall attempt to correct the error and resubmit the
data within ten (10) Business Days of the notification. ln the event the errors
cannot be corrected within such ten- (10) Business-Day period, the erroneous
data will be considered lost. ln the event of a loss of data, whether due to
uncorrectable errors or otherwise, both Parties shall cooperate to reconstruct the
lost data and, if such reconstruction is not possible, shall accept a reasonable
estimate of the lost data based upon prior usage data.
Either Pafi may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Gonditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Pafi's consent, which consent
shall not be unreasonably withheld.
Except as expressly set fofih in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
Nativo Net\/ork lD Comp v4 062416 68
1 0.1 5 MPB will apply for all traffic bearing the 500, 900, toll f ree service access code
(e.9. 800/8881877) (to the extent provided by an IXC) or any other non-
geographic NPA which may be designated for such traffic in the future.
10.16 ln the event Native Network determines to offer Telephone Exchange Services in
a LATA in which Frontier operates an access Tandem Switch, Frontier shall
permit and enable Native Network to subtend the Frontier access Tandem
Switch(es) designated for the Frontier End Offices in the area where there are
located Native Network Routing Point(s) associated with the NPA NXX(s) to/from
which the Switched Exchange Access Services are homed.
10.17 Except as otherwise mutually agreed by the Parties, the MPB billing percentages
for each Routing PoinVFrontier Serving lnterconnection Wire Genter combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a/(a+b)Native Network Billing Percentage
and
Frontier Billing Percentageb/(a+b)
where:
a = the airline mileage between Native Network Routing Point and
the actual point of interconnection for the MPB arrangement; and
b = the airline mileage between the Frontier Serving lnterconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
10.18 Native Network shall inform Frontier of each LATA in which it intends to offer
Telephone Exchange Services and its calculation of the billing percentages
which should apply for such arrangement. Within ten (10) Business Days of
Native Network's delivery of notice to Frontier, Frontier and Native Network shall
confirm the Routing PoinVFrontier Serving lnterconnection Wire Center
combination and billing percentages.
Tol! Free Service Access Code (e.9., 800/888/877) Trafflc
The following terms shall apply when either Party delivers toll free service access code
(e.9., 800/877l888)("8YY") calls to the other Party. For the purposes of this Section 11,
the terms "translated" and "untranslated" refers to those toll free service access code
calls that have been queried ("translated") or have not been queried ('untranslated") to
an 8W database. Except as otherwise agreed to by the Parties, all Native Network
originating "untranslated" 8W tratfic will be routed over a separate One-Way
m iscellaneous Trunk group.
11.1 When Native Network delivers translated 8W calls to Frontier to be completed
by
11.1.1 an IXC:
11.1.1.1 Native Network will provide an appropriate EMI record to
Frontier;
11.
Native Netwoil lD Comp v4 062416 69
11.2
11.1.'1.2 Native Network will bill the IXC the Native Network's
applicable Switched Exchange Access Tariff charges and
the Native Network's applicable Tariff query charges; and
11.1.1.3 Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges.
11.1.2 Frontier:
11.1.2.1 Native Network will provide an appropriate EMI record to
Frontier;and
't1.'t.2.2 Native Network will bill Frontier the Native Network's
Switched Exchange Access Tariff charges and the Native
Network's applicable Tariff query charge.
1 1.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 Native Network will provide an appropriate EMI record to
Frontier and the tollfree service access code service
provider;
11.1.3.2 Native Network will bill the toll free service access code
service provider the Native Network's applicable Switched
Exchange Access Taritf charges and the Native Network's
applicable Tariff query charges; and
11.1.3.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges.
When Frontier performs the query and delivers translated 8W calls, originated
by Frontier's Customer or another LEC's Customer to Native Network to be
completed by
1'1.2.1 NativeNetwork:
11.2.1.1 Frontier will provide an appropriate EMI record to Native
Network;and
11.2.1.2 Frontier will bill Native Network Frontier's applicable
Switched Exchange Access Tariff charges and Frontier's
applicable Tariff query charges.
11.2.2 a toll free service access code service provider in that LATA:
11.2.2.1 Frontier will provide an appropriate EMI record to Native
Network and the toll free service access code service
provider;
'11.2.2.2 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
11.2.2.3 Native Network will bill the toll free service access code
service provider the Native Network's applicable Switched
Exchange Access Taritf charges.
Native Network lD Comp v4 062416 70
11.3 When Native Network delivers untranslated 8W calls to Frontier to be completed
by
11.3.1 an IXC:
11.3.1.1 Frontier will query the call and route the callto the
appropriate IXC;
11.3.1.2 Frontier will provide an appropriate EMI record to Native
Network;
11.3.1.3 Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Taritf query charges; and
1 1 .3.1.4 Native Network will bill the IXC Native Network's applicable
Switched Exchange Access Taritf charges.
11.3.2 Frontier:
11.3.2.1
11.3.2.2
Frontier will query the call and complete the call;
Frontier will provide an appropriate EMI record to Native
Network;
11.3.2.3 Native Network will bill Frontier the Native Network's
applicable Switched Exchange Access Tariff charges.
11.3.3 a toll free service access code service provider in that LATA:
11.3.3.1 Frontier will query the call and route the call to the
appropriate toll free service access code service provider;
11.3.3.2 Frontier will provide an appropriate EMI record to Native
Network and the toll free service access code service
provider;
11.3.3.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff and Froniier's applicable Tariff query charges; and
11.4
11.3.3.4 Native Network will bill the toll free service access code
service provider the Native Network's applicable Switched
Exchange Access Tariff charges.
Frontier will not direct untranslated toll free service access code calls to Native
Network.
12. Tandem Transit Traffic
12.1 As used in this Section, Tandem Transit Tratfic is Telephone Exchange Service
traffic that originates on Native Network's network, and is transported through
Frontier's Tandem to the subtending End Office or its equivalent of another
carrier (CLEC, ILEC other than Frontier, Commercial Mobile Radio Service
(CMRS) carrier, or other LEC ("Other Carrie/'). Neither the originating nor
terminating customer is a Customer of Frontier. Subtending End Offices shall be
determined in accordance with and as identified in the Local Exchange Routing
Guide (LERG). For the avoidance of any doubt, under no circumstances shall
Native Network lD Comp v4 062416 71
12.2
12.3
12.4
Frontier be required to transit traffic through a Frontier Tandem to a Central
Otfice that the LERG does not identify as subtending that particular Frontier
Tandem. Switched Exchange Access Service traffic is not Tandem Transit
Traffic.
Tandem Transit Traffic Service provides Native Network with the transport of
Tandem Transit Traffic as provided below.
Tandem Transit Traffic may be routed over the lnterconnection Trunks described
in Sections 2 through 6 of this Attachment. Native Network shall deliver each
Tandem Transit Tratfic call to Frontier's Tandem with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of CLASS Features and billing functions.
Native Network may use Tandem Transit Traffic Service only for tratfic that
originates on Native Network's network and only to send traffic to an Other
Carrier with whom Native Network has a reciprocal traffic exchange arrangement
(either via written agreement or mutual tariffs) that provides for the Other Carrier,
to terminate or complete tralfic originated by Native Network and to bill Native
Network, and not to bill Frontier, for such traffic. Native Network agrees not to
use Frontier's Tandem Transit Traffic Service to send traffic to an Other Carrier
with whom Native Network does not have such a reciprocaltratfic exchange
arrangement or to send traffic that does not originate on Native Network's
network.
Native Network shall pay Frontier for Tandem Transit Traffic Service at the rates
specified in the Pricing Attachment. Frontier will not be liable for compensation
to any Other Carrier for any traffic that is transported through Frontier's Tandem
and Frontier reserves the right to assess to Native Network any additional
charges or costs any Other Carrier imposes or levies on Frontier for the delivery
or termination of such traffic, including any Switched Exchange Access Service
charges. lf Frontier is billed by any Other Carrier for any traffic originated by
Native Network, Frontier may provide notice to Native Network of such billing.
Upon receipt of such notice, Native Network shall immediately stop using
Frontier's Tandem Transit Traffic Service to send any traffic to such Other Carrier
until it has provided to Frontier certification that the Other Carrier has removed
such billed charges from its bill to Frontier and that the Other Carrier will not bill
Frontier for any traffic originated by Native Network. Such certification must be
signed by an authorized officer or agent of the Other Carrier and must be in a
form acceptable to Frontier.
lf Native Network uses Tandem Transit Traffic Service for traffic volumes that
exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent
of 200,000 combined minutes of use per month (a DSI equivalent) to the
subtending End Office of a particular Other Carrier for any month (the "Threshold
Level"). Native Network shall use good faith efforts to establish direct
interconnection with such Other Carrier and reduce such traffic volumes below
the Threshold Level. lf Frontier believes that Native Network has not exercised
good faith etforts promptly to obtain such direct interconnection, either Party may
use the Dispute Resolution processes of this Agreement.
lf Native Network fails to comply with Section 12 of this Attachment, such failure
shall be a material breach of a material provision of this Agreement and Frontier
may exercise any and all remedies under this Agreement and Applicable Law for
such breach.
12.5
12.6
12.7
Native Network lD Comp v4 062416 72
12.8 lf or when a third pafi carrier plans to subtend a Native Network switch, then
Native Network shall provide written notice to Frontier at least ninety (90) days
before such subtending service arrangement becomes effective so that Frontier
may negotiate and establish direct interconnection with such third party carrier.
Upon written request from Frontier, Native Network shall offer to Frontier a
service arrangement equivalent to or the same as Tandem Transit Traffic Service
provided by Frontier to Native Network as defined in this Section such that
Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC
other than Frontier, CMRS carrier, or other LEC, that subtends a Native Network
CentralOffice or its equivalent ("ReciprocalTandem Transit Service"). Native
Network shall offer such Reciprocal Transit Service arrangements under terms
and conditions of an amendment to this Agreement or a separate agreement no
less favorable than those provided in this Section.
12.9 Neither Party shall take any actions to prevent the other Party from entering into
a direct and reciprocal traffic exchange arrangement with any carrier to which it
originates, or from which it terminates, traffic.
13. Number Resources, Rate Center Areas and Routing Points
13.1
'13.2
13.3
Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes ("NXX") pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
It shall be the responsibility of each Pafi to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Part/s assigned
NXX codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, Native Network
shall adopt the Rate Center Area and Rate Center Points that the Commission
has approved for Frontier within the LATA and Tandem serving area. Native
Network shall assign whole NPA-NXX codes to each Flate Center Area unless
otherwise ordered by the FCC, the Commission or another governmental entity
of appropriate jurisdiction, or the LEC industry adopts alternative methods of
utilizing NXXs.
Native Network will also designate a Routing Point for each assigned NXX code.
Native Network shall designate one location for each Rate Center Area in which
the Native Network has established NXX code(s) as the Routing Point for the
NPA-NXXs associated with that Rate Center Area, and such Routing Point shall
be within the same LATA as the Rate Center Area but not necessarily within the
Rate Center Area itself. Unless specified otherwise, calls to subsequent NXXs of
Native Network will be routed in the same manner as calls to Native Network's
initialNXXs.
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 Native Network's choices regarding the size of the local calling
area(s) that Native Network may establish for its Customers, which local calling
areas may be larger than, smaller than, or identical to Frontier's local calling
areas.
't3.4
13.5
Native Network lD Comp v4 062416 73
14. Joint Network lmplementation and Grooming Process; Forecasting
'14.1 Joint Network lmplementation and Grooming Process.
Upon request of either Party, the Parties shalljointly develop an implementation
and grooming process (the 'Uoint Grooming Process" or "Joint Process") which
may define and detail, inter alia:
14.1.1 standards to ensure that lnterconnection Trunks experience a grade of
service, availability and quality which is comparable to that achieved
on interoffice trunks within Frontier's network and in accord with all
appropriate relevant industry-accepted quality, reliability and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Pafi for lnterconnection services will be
engineered using a design-blocking objective of B.01.
14.1.2 the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
14.1.3
14.1.4
disaster recovery provision escalations;
additional technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA as provided in Section 2 of this Attachment; and
14.1.5 such other matters as the Parties may agree, including, e.9., End
Otfice to End Office high usage trunks as good engineering practices
may dictate.
14.2 TrunkForecastingHequirements.
14.2.1 lnitial Trunk Forecast Reouirements. At least ninety (90) days before
initiating interconnection in a LATA, Native Network 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.
14.2.2 Onooino Trunk Forecast Reouirements. Where the Parties have
already established interconnection in a LATA, Native Network shall
provide a new or revised traffic forecast that complies with the Frontier
lnterconnection Trunking Forecast Guide when Native Network
develops plans or becomes aware of information that will materially
affect the Parties' interconnection in that LATA. lnstances that require
a new or revised forecast include, but are not limited to: (a) Native
Network plans to deploy a new switch; (b) Native Network plans to
implement a new POI or network architecture; (c) Native Network
plans to rearrange its network; (d) Native Network plans to convert a
One-Way lnterconnection Trunk group to a Two-Way lnterconnection
Trunk group; (e) Native Network plans to convert a Two-Way
lnterconnection Trunk group to a One-Way lnterconnection Trunk
group; or (f) Native Network 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 Otfice and Tandem lnterconnection Trunk groups and (ii)
Native N6t\i\ork lD Comp v4 062416 74
determine whether the Parties should establish new lnterconnection
Trunk groups, augment existing lnterconnection Trunk groups, or
disconnect existing lnterconnection Trunks.
14.2.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this
Agreement must be prepared in good faith but are not otherwise
binding on Native Network or Frontier.
15. Number Portability - Section 251(BX2)
15.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP ("Local Number Portabilitt'')
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council (NANC) and the lndustry Numbering Council(lNC),
and adopted by the FCC. ln addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
15.2.1 A Customer of one Party ("Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone number(s) corresponding to the Telephone Exchange
Service(s) it previously received from Pafi A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
work together to port the Customer's telephone numbe(s) lrom Party
A's network to Party B's network.
15.2.2 When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported numbe(s) from its Line lnformation Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B's Customer.
15.2.3 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
15.2.4 When a Customer of Pafi A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Party A
shall implement the ten-digit trigger feature where it is available.
When Pafi A receives the porting request, the unconditional trigger
shall be applied to the Customer's line before the due date of the
Native Network lD Comp v4062416 75
porting activity. When the ten-digit unconditional trigger is not
available, Party A and Party B must coordinate the disconnect activity
15.2.5 The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the lnitial Address Message (lAM), according to
industry standards.
15.2.6 Where LNP is commercially available, the NXXs in the office shall be
delined as portable, except as noted in 15.2.7, and translations will be
changed in the Parties' switches to open those NXXs for database
queries in all applicable LNP capable otfices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LEHG.
'15.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and official use, and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass
calling on a choked network may not be ported using LNP technology
but are portable using methods established by the NANC and adopted
by the FCC. On a prospective basis, newly assigned codes in
switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
15.3 Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80o/o) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subj6ct to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer.
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
15.4.1 lf Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a LNP
request to Party A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
Native Notwork lD Comp v4 062416 76
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
15.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offices of the other through the Local Exchange Routing Guide
(LERG). ln addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offices, as set
forth in this Section 15.4.
15.5 Native Network shall submit orders to port numbers electronically using an LSR
via the Frontier web Graphical User lnterface ('GUl') or Electronic Data lnterface
("EDl') pursuant to the instructions, business rules and guidelines set forth on the
Frontier website (formerly referred to as the Frontier wholesale website).
16. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with Native Network reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Native Netu,ork lD Comp v4O62416 77
2.
TRAFFIC EXCHANGE ATTACHMENT
1.General
Where both Parties subtend the same Tandem Switch operated by a third party (such
third party hereinafter referred to as the "Third Party Tandem Providef' and such switch
hereinafter referred to as the "Third Party Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPA/NXX codes assigned by each Party to
Rate Center Areas served by that Third Party Tandem Switch, the Parties may
reciprocally exchange Reciprocal Compensation Traffic, Measured lnternet Traffic,
intraLATA Toll Traffic, and translated lntraLATA toll free service access code traffic,
originated by their respective Customers, through that Third Party Tandem Switch. For
the avoidance of any doubt, nothing in this Attachment shall preclude the Parties from
interconnecting their networks in accordance with the lnterconnection Attachment, which
lnterconnection Attachment must be a part of the Agreement.
Arrangements With Third Party Tandem Provider
2.1 The Parties acknowledge and agree that, in order to exchange Reciprocal
Compensation Traffic, Measured lnternet Traffic, lntraLATA Toll Traffic, and
translated lntraLATA toll free service access code traffic under this Attachment,
each Party must have established and must maintain its own interconnection and
compensation arrangements with the Third Party Tandem Provider for the routing
and exchange of the foregoing traffic between the Parties under this Attachment
(e.9., arrangements that permit the subject traffic to be exchanged through the
Third Party Tandem Provider). ln addition, the Parties must also fulfill each of
the other requirements of this Attachment.
2.1.1 lf such arrangements between a Party and the Third Party Tandem
Provider are terminated (e.9., where a Third Party Tandem Provider
does not permit a Party to exchange the foregoing traffic using the
Third Party Tandem Switch), that Party shall promptly give written
notice thereof to the other Party. Absent the existence of such
arrangements with the Third Party Tandem Provider, each Party shall
have the right, on written notice to the other Party, to discontinue
exchanging the foregoing traffic with the other Party (i.e., receiving
such traffic from or, sending such traffic to, the other Party) under this
Attachment.
2.1.2 Notwithstanding any other provision of this Agreement, on one
hundred twenty (120) days written notice, a Party may discontinue
exchanging the foregoing traflic with the other Party under this
Attachment.
2.2 Forecasting Requirements.
2.2.1 Within ninety (90) days of executing the Agreement, Native Network
shall provide Frontier a two (2)-year traffic forecast. This initial
forecast will provide the amount of traffic to be delivered to and from
Frontier pursuant to this Attachment, over the next eight (8) quarters.
2.2.2 Ongoing forecast requirements. Where the Parties are already
exchanging traffic through a Third Party Tandem Switch in a LATA,
Native Network shall provide a new or revised traffic forecast when
Native Network develops plans or becomes aware of information that
Native Network lD Comp v4062416 78
will materially atfect the Parties' exchange of traffic through such Third
Party Tandem Switch in that LATA. lnstances that require a new or
revised forecast include, but are not limited to: (i) Native Network plans
to deploy a new switch; (ii) Native Network plans to implement
interconnection in accordance with the lnterconnection Attachment or
a new network architecture; (iii) Native Network plans to rearrange its
network; or (iv) Native Network expects a significant change in tratfic
volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on Native Network or Frontier.
2.3 Prior to exchanging traffic through a Third Party Tandem Switch, Native Network
shall meet with Frontier to conduct a joint planning meeting ("Third Party Tandem
Provider Joint Planning Meeting"). At that Third Party Tandem Provider Joint
Planning Meeting, each Party shall, among other things, provide to the other
Party originating Centum Call Second (Hundred Call Second) information.
2.4 lf and, when, the volume of traffic exchanged between a Frontier End Office and
Native Network switch through a Third Party Tandem Switch exceeds (a) the
Centum Call Second (Hundred Call Second) busy hour equivalent of one (1) DS-
1 at any time; (b) 200,000 combined minutes of use for any month; (c) 600 busy
hour Centum Call Seconds (BHCCS) of use for a single month, upon the written
request of either Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the lnterconnection
Attachment. ln the event the Parties so interconnect their respective networks,
the Parties shall discontinue exchanging any and alltraffic through the Third
Party Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffic but, on an overflow basis, through the Third Party Tandem Switch.
2.5 Nothing in this Attachment shall be read to require either Party to establish
and/or maintain a subtending arrangement with a Third Party Tandem Provider.
lnitlating Trafflc Exchange Under This Attachment
3.1 lf Native Network determines to offer Telephone Exchange Services and wishes
to exchange traffic with Frontier through a Third Party Tandem Switch in any
LATA in which Frontier also offers Telephone Exchange Services, Native
Network shall provide written notice to Frontier of its request to exchange tratfic
through a Third Party Tandem Switch in such LATA pursuant to this Attachment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a) Native
Network's proposed traffic exchange activation date; (b) a forecast of Native
Network's traffic volumes conforming to Section 2 of this Attachment; and (c)
such other information as Frontier shall reasonably request in order to facilitate
traffic exchange under this Attachment.
3.3 The traffic exchange activation date in the new LATA shall be mutually agreed to
by the Parties after receipt by Frontier of all necessary information as indicated in
Section 3.2 of this Attachment.
4. Traffic Measurement and Billing
4.1 The Parties agree that they will make commercially reasonable efforts to obtain
and utilize accurate and complete recordings, of any traffic exchanged between
them under this Attachment, for use in billing.
Native N€tuork lD Comp v4062416 79
3.
4.2 At such time as a receiving Party has the capability, on an automated basis, to
use CPN to classify traffic from the other Party, exchanged under this
Attachment, by traffic type (i.e., Reciprocal Compensation Traffic, Measured
lnternet Traffic, intraLATA TollTraffic, and lntraLATA toll free service access
code traffic), such receiving Party shall bill the originating Party the rate
applicable to each relevant minute of traffic for which CPN is received. lf the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic received from the other Party
by traffic type, the originating Party will supply Traffic Factor 1 and Traffic Factor
2. ln any case, the Traffic Factors shall be supplied in writing by the originating
Party within thirty (30) days of the Etfective Date and shall be updated in writing
by the originating Party quarterly. Measurement of billing minutes for purposes
of determining terminating compensation shall be in conversation seconds (the
time in seconds that a Party's equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.9.,
80018881877) calls shall be in accordance with applicable Taritfs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured lnternet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC lnternet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC lnternet
Order that traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to
originating traffic is Measured lnternet Traffic, and in accordance with the
process established by the FCC lnternet Order for rebutting such presumption
before the Commission).
4.3 Each Party reserves the right to audit alltraffic exchanged under this Attachment,
up to a maximum of two audits per calendar year, to ensure that rates are being
applied appropriately; provided, however, that either Party shall have the right to
conduct additional audit(s) if the preceding audit disclosed material errors or
discrepancies. Each Party agrees to provide the necessary traffic data in
conjunction with any such audit in a timely manner.
4.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
4.5 lf and, to the extent that, a Native Network Customer receives V/FX Tratfic
exchanged under this Attachment, Native Network shall promptly provide notice
thereof to Frontier (such notice to include, without limitation, the specific
telephone numbe(s) that the Customer uses for V/FX Tratfic, as well as the
LATA in which the Customer's station is actually physically located) and shall not
bill Frontier Reciprocal Compensation, intercarrier compensation or any other
charges for calls placed by Frontier's Customers to such Native Network
Customers.
Reciprocal Compensatlon Arrangements Pursuant to Section 251(bxs) of the Act
5.1 FleciprocalCompensation.
The Party originating Reciprocal Compensation Tratfic shall compensate the
terminating Party for the transport and termination of such tratfic to its Customer
in accordance with Section 251(b)(5) of the Act at the equal and symmetrical
rates stated in the Pricing Attachment; it being understood and agreed that
because the Third Party Tandem Provider is providing the tandem functionally to
both Parties, Frontier shall charge (and Native Network shall pay Frontier) the
End Office Reciprocal Compensation rate set forth in the Pricing Attachment for
5.
Native Neturcrk lD Comp v4 062416 80
5.2
5.3
Reciprocal Compensation Traffic Frontier receives from Native Network and
Native Network shallcharge (and Frontier shall pay Native Network)the End
Office Reciprocal Compensation rate set forth in the Pricing Attachment for
Reciprocal Compensation Traffic Native Network receives from Frontier. No
additional charges shall be assessed by the terminating Party for the transport
and termination of such traffic received from the other Party; provided, however,
for the avoidance of any doubt, neither Party may assess upon, or pass through
to, the other Party any charges billed by (or on behalf of) the Third Party
Tandem Provider. The designation of traffic as Reciprocal Compensation Traffic
for purposes of Fleciprocal Compensation shall be based on the actual
originating and terminating points of the complete end-to-end communication.
Traffic Not Subject to Reciprocal Compensation.
5.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic)), lnformation Access, or exchange
services for Exchange Access or lnformation Access.
5.2.2 Reciprocal Compensation shall not apply to lnternet Traffic.
5.2.3 Heciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a
casual dialed (1 0XXV1 01 XXXX) basis.
5.2.4 Reciprocal Compensation shall not apply to Optional Extended Local
Calling Area Traffic.
5.2.5 Reciprocal Compensation shall not apply to special access, private
line, or any other traffic that is not switched by the terminating Party.
5.2.6 Reciprocal Compensation shall not apply to Tandem Transit Traffic.
5.2.7 Reciprocal Compensation shall not apply to Voice lnformation Service
Traffic (as defined in Section 5 of the Additional Services Attachment).
5.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(bxs) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (i.e., V/FX Tratfic). As used in this Agreement, "Virtual Foreign
Exchange Traffic" or "V/FX Traffic" is defined as calls in which a Native
Network Customer is assigned a telephone number with an NXX Code
(as set forth in the LERG) associated with an exchange that is different
than the exchange (as set forth in the LERG) associated with the
actual physical location of such Customer's station. For the avoidance
of any doubt, Native Network shall pay Frontier's originating access
charges for all V/FX Traffic originated by a Frontier Customer, and
Native Network shall pay Frontier's terminating access charges for all
V/FX Tratfic originated by a Native Network Customer.
The Heciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by Native Network to Frontier
shall not exceed the ReciprocalCompensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) billed by Frontier to Native
Network.
Native Network lD Comp v4062416 81
6.Other Types of Traffic
6.1 Notwithstanding any other provision of this Agreement or otherwise: (a) the
Parties' rights and obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of lnternet Traffic shall be
governed by the terms of the FCC lnternet Order and other applicable FCC
orders and FCC Regulations; and, (b) a Party shall not be obligated to pay any
intercarrier compensation for lnternet Traffic that is in excess of the intercarrier
compensation for lnternet Traffic that such Party is required to pay under the
FCC lnternet Order and other applicable FCC orders and FCC Regulations.
6.2 Subject to Section 6.1 of this Attachment, lntraLATA Toll Traffic exchanged
under this Attachment shall be governed by the applicable provisions of this
Agreement and applicable Taritfs.
6.3 For any traffic originating with a third party carrier and delivered by Native
Network to Frontier, Native Network 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 Native Network.
6.4 Notwithstanding any provision of this Agreement or otherwise, no lnterexchange
Carrier (lXC) traffic may be exchanged under this Attachment.
6.5 Any traffic not specifically addressed in this Attachment shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
Tol! Free Service Access Code (e.9., 800/888/877) Tratfic
The following terms shall apply when either Party delivers lntraLATA toll free service
access code (e.9., 80018771888) ('8YY") calls to the other Party under this Attachment.
For the purposes of this Section 7, the terms "translated' refer to those toll free service
access code calls that have been queried ("translated") to an 8W database.
7.1 When Native Network delivers translated lntraLATA 8W calls to Frontier for
completion:
7.1.1 by Frontier:
7.1.1.1 Native Network will provide an appropriate EMI record to
Frontier;and
7.1.1.2 Native Network will bill Frontier the Native Network's
Switched Exchange Access Taritf charges and the Native
Network's applicable Tariff query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.'l Native Network will provide an appropriate EMI record to
Frontier and the tollfree service access code service
provider;and
7.1.2.2 Native Network will bill the toll free service access code
service provider the Native Network's applicable Switched
Exchange Access Tariff charges and the Native Network's
applicable Tariff query charges; and
7
Native Network lD Comp v4 062416 82
7.1.2.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges.
7.2 When Frontier performs the query and delivers translated lntraLATA 8W calls,
originated by Frontier's or another LEC's Customer for completion:
7.2.1 by Native Network:
7.2.1.1 Frontier will provide an appropriate EMI record to Native
Network;and
7.2.1.2 Frontier will bill Native Network Frontier's applicable
Switched Exchange Access Taritf charges and Frontier's
applicable Tariff query charges.
7.2.2 by a toll f ree service access code service provider in that LATA:
7.2.2.1 Frontier will provide an appropriate EMI record to Native
Network and the toll free service access code service
provider; and
7.2.2.2 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff charges and Frontier's applicable Tariff query
charges; and
7.2.2.3 Native Network will bill the toll free service access code
service provider the Native Network's applicable Switched
Exchange Access Tariff charges.
7.3 Frontier will not direct untranslated toll free service access code calls to Native
Network. Native Network will not direct untranslated toll free service access code
calls to Frontier.
Number Resources, Rate Center Areas and Routing Points
8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any CentralOffice Codes ('NXX') pursuant to the CentralOlfice Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Taritf or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
8.2 lt shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided in the LERG in
order to recognize and route traffic to the other Party's assigned NXX codes.
Except as expressly set forth in this Agreement, neither Party shall impose any
fees or charges whatsoever on the other Party for such activities.
8.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, Native Network
shall adopt the Bate Genter Area and Rate Center Points that the Commission
has approved for Frontier within the LATA and Tandem serving area. Native
Network shall assign whole NPA-NXX codes to each Rate Center Area unless
otherwise ordered by the FCC, the Commission or another governmental entity
of appropriate jurisdiction, or the LEC industry adopts alternative methods of
utilizing NXXs.
8.
Native Network lD Comp v4 062416 83
Native Network will also designate a Flouting Point for each assigned NXX code.
Native Network shall designate one location for each Rate Center Area in which
the Native Network has established NXX code(s) as the Routing Point for the
NPA-NXXs associated with that Rate Center Area, and such Routing Point shall
be within the same LATA as the Rate Center Area but not necessarily within the
Rate Center Area itself. Unless specified otherwise, calls to subsequent NXXs of
Native Network will be routed in the same manner as calls to Native Network's
initialNXXs.
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 Native Network's choices regarding the size of the local calling
area(s) that Native Network may establish for its Customers, which local calling
areas may be larger than, smaller than, or identical to Frontier's local calling
areas.
9. Number Portability - Section 251(BX2)
9.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
9.2 Procedures for Providing LNP ("Local Number Portability'').
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council(NANC) and the lndustry Numbering Council (lNC),
and adopted by the FCC. ln addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
9.2.1 A Customer of one Party ("Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone numbe(s) corresponding to the Telephone Exchange
Service(s) it previously received from Pafi A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
work together to port the Customer's telephone number(s) from Party
A's network to Party B's network.
9.2.2 When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported numbe(s) from its Line lnformation Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B's Customer.
When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
9.2.3
8.4
8.5
Native Network lD Comp v4 062416 84
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
9.2.4 When a Customer of Party A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Party A
shall implement the ten-digit trigger feature where it is available. When
Party A receives the porting request, the unconditional trigger shall be
applied to the Customer's line before the due date of the porting
activity. When the ten-digit unconditional trigger is not available, Party
A and Pafi B must coordinate the disconnect activity.
9.2.5 The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the lnitialAddress Message (lAM).
9.2.6 Where LNP is commercially available, the NXXs in the office shall be
defined as portable, except as noted in Section 9.2.7, and translations
will be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offices within the LATA
of the given switch(es). On a prospective basis, all newly deployed
switches will be equipped with LNP capability and so noted in the
LERG.
9.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and official use and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass calling
on a choked network may not be ported using LNP technology but are
portable using methods established by the NANC and adopted by the
FCC. On a prospective basis, newly assigned codes in switches
capable of porting shall become commercially available for porting with
the effective date in the network.
9.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
Procedures for Providing NP Through Full NXX Code Migration.
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80"/o) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Otfice operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Par$ shall charge the other in connection with this coordinated
transfer.
9.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
9.3
Native Netrrlork lD Comp v4 062416 85
Frontier has deployed LNP throughout its network in compliance with FCG 96-
286 and other applicable FGC Regulations.
9,4.1 lf Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Pafi B shall issue a LNP
request to Pafi A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Otfice. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Otfices of the other through the Local Exchange Routing Guide
(LERG). ln addition, the Parties shall make information available upon
request showing their respective LNP-capable End Offices, as set
forth in this Section 9.4.
9.5 Native Network shall submit orders to port numbers electronically using an LSR
via the Frontier web Graphical User lnterface ('GUl') or Electronic Data lnterface
("EDl") pursuant to the instructions, business rules and guidelines set forth on the
Frontier website (formerly referred to as the Frontier wholesale website).
10. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with Native Network reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Nativo Network lD Comp v4 062416 86
RESALE ATTACHMENT
1.General
Frontier shall provide to Native Network, in accordance with this Agreement (including,
but not limited to, Frontier's applicable Tariffs) and the requirements of Applicable Law,
Frontier's Telecommunications Services for resale by Native Network; provided, that
notwithstanding any other provision of this Agreement, Frontier shall be obligated to
provide Telecommunications Services to Native Network only to the extent required by
Applicable Law and may decline to provide a Telecommunications Service to Native
Network to the extent that provision of such Telecommunications Service is not required
by Applicable Law.
2. Use of Frontier Telecommunlcations Services
2.1 Frontier Telecommunications Services may be purchased by Native Network
under this Resale Attachment only for the purpose of resale by Native Network
as a Telecommunications Carrier. Frontier Telecommunications Services to be
purchased by Native Network for other purposes (including, but not limited to,
Native Network's own use) must be purchased by Native Network pursuant to
other applicable Attachments to this Agreement (if any), or separate written
agreements, including, but not limited to, applicable Frontier Tariffs.
2.2 Native Network shall not resell:
2.2.1 Residential service to persons not eligible to subscribe to such service
from Frontier (including, but not limited to, business or other
nonresidential Customers);
2.2.2 Lifeline, Link Up America, or other means-tested service offerings, to
persons not eligible to subscribe to such service offerings from
Frontier;
2.2.3 Grandfathered or discontinued service offerings to persons not eligible
to subscribe to such service offerings from Frontier; or
2.2.4 Any other Frontier service in violation of a restriction stated in this
Agreement (including, but not limited to, a Frontier Tariff) that is not
prohibited by Applicable Law.
2.2.5 ln addition to any other actions taken by Native Network to comply
with this Section 2.2, Native Network shalltake those actions required
by Applicable Law to determine the eligibility of Native Network
Customers to purchase a service, including, but not limited to,
obtaining any proof or certification of eligibility to purchase Lifeline,
Link Up America, or other means-tested services, required by
Applicable Law. Native Network shall indemnify Frontier from any
Claims resulting from Native Network's failure to take such actions
required by Applicable Law.
2.2.6 Frontier may perform audits to confirm Native Network's conformity to
the provisions ol this Section 2.2. Such audits may be performed
twice per calendar year and shall be performed in accordance with
Section 7 of the General Terms and Conditions.
Native Network lD Comp v4 062416 87
2.3
2.5
2.4
Native Network shall be subject to the same limitations that Frontier's Customers
are subject to with respect to any Telecommunications Service that Frontier
grandfathers or discontinues offering. Without limiting the foregoing, except to
the extent that Frontier follows a different practice for Frontier Customers in
regard to a grandfathered Telecommunications Service, such grandfathered
Telecommunications Service: (a) shall be available only to a Customer that
already has such Telecommunications Service; (b) may not be moved to a new
service location; and (c) will be furnished only to the extent that facilities continue
to be available to provide such Telecommunications Service.
Native Network shall not be eligible to participate in any Frontier plan or program
under which Frontier Customers may obtain products or services, which are not
Frontier Telecommunications Services, in return for trying, agreeing to purchase,
purchasing, or using Frontier Telecommunications Services.
ln accordance with 47 CFR S 51 .617(b), Frontier shall be entitled to all charges
for Frontier Exchange Access services used by interexchange carriers to provide
service to Native Network Customers.
3. Availability of Frontier Telecommunications Services
3.1 Frontier will provide a Frontier Telecommunications Service to Native Network for
resale pursuant to this Attachment where and to the same extent, but only where
and to the same extent that such Frontier Telecommunications Service is
provided to Frontier's Customers.
Except as otherwise required by Applicable Law, subject to Section 3.1 of this
Attachment, Frontier shall have the right to add, modify, grandfather, discontinue
or withdraw Frontier Telecommunications Services at any time, without the
consent of Native Network.
3.3 To the extent required by Applicable Law, the Frontier Telecommunications
Services to be provided to Native Network for resale pursuant to this Attachment
will include a Frontier Telecommunications Service customer-specific contract
service arrangement ("CSA') (such as a customer specific pricing arrangement
or individual case based pricing arrangement) that Frontier is providing to a
Frontier Customer at the time the CSA is requested by Native Network.
4. Responsibility for Charges
4.1 Native Network shall be responsible for and pay to Frontier all charges for any
Telecommunications Services provided by Frontier or provided by persons other
than Frontier and billed for by Frontier, that are ordered, activated or used by
Native Network, Native Network Customers or any other persons, through, by
means of, or in association with, Telecommunications Services provided by
Frontier to Native Network pursuant to this Resale Attachment.
4.2 Upon request by Native Network, Frontier will provide for use on resold Frontier
retailTelecommunications Service dialtone lines purchased by Native Network
such Frontier retail Telecommunications Service call blocking and call screening
services as Frontier provides to its own end user retail Customers, where and to
the extent Frontier provides such Frontier retailTelecommunications Service call
blocking services to Frontier's own end user retail Customers. Native Network
understands and agrees that certain of Frontier's call blocking and call screening
services are not guaranteed to block or screen all calls and that notwithstanding
Native Network's purchase of such blocking or screening services, Native
3.2
Native Network lD Comp v4 062416 88
Network's end user Customers or other persons ordering, activating or using
Telecommunications Services on the resold dial tone lines may complete or
accept calls which Native Network intended to block. Notwithstanding the
foregoing, Native Network shall be responsible for and shall pay Frontier all
charges for Telecommunications Services provided by Frontier or provided by
persons other than Frontier and billed for by Frontier in accordance with the
terms of Section 4.1 above.
5. Operations Matters
5.1 Facilities.
5.1.1
5.1.2
5.1.3
5.2 Branding.
5.2.1
5.2.2
5.2.3
Nativs Netuork lD Comp v4O62416
Frontier and its suppliers shall retain all of their right, title and interest
in allfacilities, equipment, software, information, and wiring used to
provide Frontier Telecommunications Services.
Frontier shall have access at all reasonable times to Native Network
Customer locations for the purpose of installing, inspecting,
maintaining, repairing, and removing, facilities, equipment, software,
and wiring used to provide the Frontier Telecommunications Services.
Native Network shall, at Native Network's expense, obtain any rights
and authorizations necessary for such access.
Except as otherwise agreed to in writing by Frontier, Frontier shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, software, or wiring provided by Native
Network or Native Network Customers for use with Frontier
Telecom m unications Services.
Except as stated in Section 5.2.2 of this Attachment, in providing
Frontier Telecommunications Services to Native Network, Frontier
shall have the right (but not the obligation) to identify the Frontier
Telecommunications Services with Frontier's trade names, trademarks
and service marks ("Frontier Marks"), to the same extent that these
Services are identified with Frontier's Marks when they are provided to
Frontier's Customers. Any such identification of Frontier's
Telecommunications Services shall not constitute the grant of a
license or other right to Native Network to use Frontier's Marks.
To the extent required by Applicable Law, upon request by Native
Network and at prices, terms and conditions to be negotiated by
Native Network and Frontier, Frontier shall provide Frontier
Telecommunications Services for resale that are identified by Native
Network's trade name, or that are not identified by trade name,
trademark or service mark.
lf Frontier uses a third-party contractor to provide Frontier operator
services or Frontier directory assistance, Native Network will be
responsible for entering into a direct contractual arrangement with the
third-party contractor at Native Network's expense (a) to obtain
identification of Frontier operator services or Frontier directory
assistance purchased by Native Network for resale with Native
Network's trade name, or (b) to obtain removal of Frontier Marks from
Frontier operator services or Frontier directory assistance purchased
by Native Network for resale.
89
6. Ratesand Charges
The rates and charges for Frontier Telecommunication Services purchased by Native
Network for resale pursuant to this Attachment shall be as provided in this Attachment
and the Pricing Attachment.
7.Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service otfered under this Attachment, Frontier reserves
the right to negotiate in good faith with Native Network reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Native Network lD Comp v4 062416 90
1
NETWORK ELEMENTS ATTACHMENT
General
1.1 Frontier shall provide to Native Network, in accordance with this Agreement
(including, but not limited to, Frontier's applicable Tariffs) and the requirements of
the Federal Unbundling Rules, access to Frontier's Network Elements on an
unbundled basis and in combinations (Combinations), and UNEs commingled
with wholesale services ("Commingling"); provided, however, that
notwithstanding any other provision of this Agreement, Frontier shall be obligated
to provide access to unbundled Network Elements (UNEs), Combinations, and
Commingling to Native Network under the terms of this Agreement only to the
extent required by the Federal Unbundling Rules and may decline to provide
access to UNEs, Combinations, or Commingling to Native Network to the extent
that provision of such UNEs, Combinations, or Commingling is not required by
the Federal Unbundling Rules.
1.2 Frontier shall be obligated to combine UNEs that are not already combined in
Frontier's network only to the extent required by the Federal Unbundling Rules.
Except as otherwise required by this Agreement and the Federal Unbundling
Rules: (a) Frontier shall be obligated to provide a UNE or Combination pursuant
to this Agreement only to the extent such UNE or Combination, and the
equipment and facilities necessary to provide such UNE or Combination, are
already available in Frontier's network; and (b) Frontier shall have no obligation
to construct, modify, or deploy facilities or equipment to offer any UNE or
Combination.
1.3 Native Network may use a UNE or Combination only for those purposes for
which Frontier is required by the Federal Unbundling Rules to provide such UNE
or Combination to Native Network. Without limiting the foregoing, Native
Network may not access a UNE or Combination for the exclusive provision of
Mobile Wireless Services or lnterexchange Services. For purposes of this
section, "lnterexchange Services" shall have the meaning set forth in the
Triennial Beview Remand Order and subsequent applicable FCC orders.
1.3.1 Frontier shall not be obligated to provide to Native Network, and
Native Network shall not request from Frontier, access to a proprietary
advanced intelligent network service.
1.4 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Frontier that any item identified in this Agreement as a Network Element is (i)
a Network Element under the Federal Unbundling Rules, or (ii) a Network
Element Frontier is required by the Federal Unbundling Flules to provide to
Native Network on an unbundled basis or in combination with other Network
Elements.
1.5 lf as the result of Native Network Customer actions (e.9., Customer Not Ready
("CNR')), Frontier cannot complete requested work activity when a technician
has been dispatched to the Native Network Customer premises, Native Network
will be assessed a non-recurring charge associated with this visit. This charge
will be the sum of the applicable Service Order charge as provided in the Pricing
Attachment and the Customer Not Ready Charge provided for in the Pricing
Attachment (or, in the absence of a Customer Not Ready Charge, the Premises
Visit Charge as provided in Frontier's applicable retail or wholesale Tariff or in the
Pricing Attachment).
Native Netwofi lD Comp v4062416 91
1.6 Absence or Cessation of Unbundlino Oblioation and Related Provisions. The
following provisions shall apply notwithstanding any other provision of this
Agreement or any Frontier Tariff or SGAT:
1.6.1 DiscontinuedFacilities.
1.6.1.1 Frontier may cease offering or providing Native Network
with access on an unbundled basis at rates prescribed
under Section 251 of the Act to any facility that is or
becomes a Discontinued Facility, whether as a stand-alone
UNE, as part of a Combination, or otherwise. To the extent
Frontier has not already ceased offering or providing
unbundled access to a particular Discontinued Facility that
is a Discontinued Facility as of the Effective Date, Frontier
may cease offering or providing unbundled access to such
Discontinued Facility immediately upon the Effective Date
without further notice to Native Network. Subject to Section
1.7 below, if a facility on or at any time after the Etfective
Date is or becomes a Discontinued Facility, Frontier, to the
extent it has not already ceased providing unbundled
access to such Discontinued Facility, and provided it has
given at least ninety (90) days written notice of
discontinuance in cases where it has not already ceased
providing such access, will continue to provide unbundled
access to such Discontinued Facility under the Agreement
only through the effective date of the notice of
discontinuance, and not beyond that date.
't.6.1.2 Where Frontier is permitted to cease providing a
Discontinued Facility pursuant to Section 1.6.1 above and
Native Network has not submitted an LSR or ASR, as
appropriate, to Frontier requesting disconnection of the
Discontinued Facility and has not separately secured from
Frontier an alternative arrangement to replace the
Discontinued Facility, then Frontier, to the extent it has not
already done so, may disconnect the subject Discontinued
Facility without further notice to Native Network. ln lieu of
disconnecting the subject Discontinued Facility in the
foregoing circumstances, Frontier, in its sole discretion, may
elect to: (a) convert the subject Discontinued Facility to an
arrangement available under a Frontier access tariff (in
which case month-to-month rates shall apply unless a
different rate applies under an applicable specialaccess
term/volume plan or other special access tariff arrangement
in which Native Network is then enrolled), a resale
arrangement, or other analogous arrangement that Frontier
shall identify or has identified in writing to Native Network,
or (b) in lieu of such a conversion, reprice the subject
Discontinued Facility by application of a new rate (or, in
Frontier's sole discretion, by application of a surcharge to
an existing rate) to be equivalent to an arrangement
available under a Frontier access taritf (at month-to-month
rates unless a different rate applies under an applicable
special access term/volume plan or other special access
tariff arrangement in which Native Network is then enrolled),
a resale arrangement, or other analogous arrangement that
Native Net\ /ork lD Comp v4 062416 92
Frontier shall identify or has identified in writing to Native
Network; provided, however, that Frontier may disconnect
the subject Discontinued Facility (or the replacement
service to which the Discontinued Facility has been
converted) if Native Network fails to pay when due any
applicable new rate or surcharge billed by Frontier.
1.7 TRRO Certification and Related Provisions.
1.7.1 TRRO Certification. Before requesting unbundled access to a DSI
Loop, a DS3 Loop, DS1 Dedicated Transport, DS3 Dedicated
Transport, or Dark Fiber Transport, including, but not limited to, any of
the foregoing elements that constitute part of a Combination or that
Native Network seeks to convert from another wholesale service to an
unbundled network element (collectively,'TRRO Certification
Elements"), Native Network must undertake a reasonably diligent
inquiry and, based on that inquiry, certify that, to the best of its
knowledge, Native Network's request is consistent with the
requirements of the TRHO and that Native Network is entitled to
unbundled access to the subject element pursuant to section 251(cX3)
of the Act. Native Network shall provide such certification using the
automated method that Frontier makes available for that purpose.
Native Network's reasonably diligent inquiry must include, at a
minimum, consideration of any list of non-impaired UNE Wire Centers
that Frontier makes or has made available to Native Network by notice
and/or by publication on Frontier's wholesale website (the "Wire
Center List") and any back-up data that Frontier provides or has
provided to Native Network under a non-disclosure agreement or that
is otherwise available to Native Network.
1.7.2 Provision-then-Dispute Requirem ents.
1.7.2.1 Upon receiving a request from Native Network for
unbundled access to a TRRO Gertification Element and the
certification required by Section 1.7.1 above, and except as
provided in Section 1.7.2.3 below, Frontier shall process the
request in accordance with any applicable standard
intervals. lf Frontier wishes to challenge Native Network's
right to obtain unbundled access to the subject element
pursuant to 47 U.S.C. S 251(cX3), then (except as provided
in Section 1.7.2.3 below) Frontier must provision the subject
element as a UNE and then seek resolution of the dispute
by the Commission or the FCC, or through such other
dispute resolution process that Frontier elects to invoke
under the dispute resolution provisions of this Agreement.
1.7.2.2 lf a dispute pursuant to section 1.7.2.1 above is resolved in
Frontier's favor, then Native Network shall compensate
Frontier for the additional charges that would apply if Native
Network had ordered the subject facility or service on a
month-to-month term under Frontier's interstate special
access tariff (except as provided in section 1.7.2.2.1 below
as to Dark Fiber Transport) and any other applicable
charges, applicable back to the date of provisioning
(including, but not limited to, late payment charges for the
unpaid difference between UNE and access tariff rates).
The month-to-month rates shall apply until such time as
Native Net\/ork lD Comp v4062416 93
1.8
Native Network requests disconnection of the subject facility
or an alternative term that Frontier oflers under its interstate
special access tariff for the subject facility or service.
1.7.2.2.1 ln the case of Dark Fiber Transport (there being
no analogous service under Frontier's access
tariffs), the monthly recurring charges that
Frontier may charge, and that Native Network
shall be obligated to pay, for each circuit shall be
the charges for the commercial service that
Frontier, in its sole discretion, determines to be
analogous to the subject Dark Fiber Transport
and, unless otherwise agreed in writing by the
Parties, Frontier may, without further notice,
disconnect the subject dark fiber facility within
thirty (30) days of the date on which the dispute
is resolved in Frontier's favor. ln any case
where Native Network, within thirty (30) days of
the date on which the dispute is resolved in
Frontier's favor, submits a valid ASR for a "lit"
service to replace the subject Dark Fiber
Transport facility, Frontier shall continue to
provide the Dark Fiber Transport facility at the
rates specified above, but only for the duration
of the standard intervalfor installation of the "lit"
service.
'1.7.2.3 Notwithstanding any other provision of the Agreement,
Frontier may reject a Native Network order for a TRRO
Certification Element without first seeking dispute
resolution: (a) in any case where Native Network's order
conflicts with a provision of a Frontier Tariff, (b) in any case
where Native Network's order conflicts with a non-impaired
UNE Wire Center designation set forth in a Wire Center List
that Frontier has made available to Native Network by
notice and/or by publication on Frontier's wholesale
website, (c) in any case where Native Network's order
conflicts with a non-impaired UNE Wire Center designation
that the Commission or the FCC has ordered or approved
or that has otherwise been conlirmed through previous
dispute resolution (regardless of whether Native Network
was a party to such dispute resolution), or (d) as otherwise
permitted under the Federal Unbundling Rules (including,
but not limited to, upon a determination by the Commission,
the FCC, or a court of competent jurisdiction that Frontier
may reject orders for TRRO Certification Elements without
first seeking dispute resolution).
Limitation With Resoect to Reolacement Arranoements. Notwithstanding any
other provision of this Agreement, any negotiations regarding any UNE-
replacement arrangement, facility, service or the like that Frontier is not required
to provide under the Federal Unbundling Rules (including without limitation any
arrangement, facility, service or the like that Frontier offers under an access tariff)
shall be deemed not to have been conducted pursuant to the Agreement,4T
U.S.C. $ 252(aX1), or 47 C.F.R. Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. $ 252(b). Any reference in this
Native Netvrcrk lD Comp v4 062416 94
Attachment to Frontier's provision of a arrangement, facility, service or the like
that Frontier is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
permit: (a) arbitration pursuant to 47 U.S.C. S 252(b) of the rates, terms, or
conditions upon which Frontier may provide such arrangement, facility, service or
the like, or (b) application of 47 U.S.C. S 252 in any other respect.
2. Frontier's Provision of Network Elements
Subject to the conditions set forth in Section 1 of this Attachment, in accordance with, but
only to the extent required by, the Federal Unbundling Rules, Frontier shall provide
Native Network access to the following:
3.
2.1 Loops, as set forth in Section 3 of this Aftachment;
2.2 Line Splitting (also referred to as "Loop Sharing"), os set forth in Section 4 of this
Attachment;
2.3 fintentionally Left Blank];
2.4 Sub-Loops, as set forth in Section 6 of this Attachment;
2.5 Sub-Loop for Multiunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
2.6 Dark Fiber Transport (sometimes referred to as "Dark Fiber IOF'), as set forth in
Section 8 of this Attachment;
2.7 Network lnterface Device, as set forth in Section 9 of this Attachment;
2.8 fintentionally Left Blank];
2.9 Dedicated Transport (may also be referred to as "lnteroffice Transmission
Facilities") (or "lOF"), as set forth in Section 11 of this Attachment;
2.1O flntentionally Left Blank];
2.11 Operations Support Systems, as set forth in Section 13 of this Attachment; and
212 Other UNEs in accordance with Section 14 of this Attachment.
Loop Transmission Types
3.1 Subject to the conditions set forth in Section 'l of this Attachment, Frontier shall
allow Native Network to access Loops unbundled from local switching and local
transport, in accordance with this Section 3 and the rates and charges provided
in the Pricing Attachment. Frontier shall allow Native Network access to Loops in
accordance with, but only to extent required by, the Federal Unbundling Rules.
Subject to the foregoing and the provisions regarding FTTP Loops, in Section 3.5
below, and Hybrid Loops, in Section 3.6 below, the available Loop types are as
set forth below:
3.1.1 "2 Wire Analog Voice Grade Loop" or "Analog 2W" provides an
effective Z-wire channel with 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals and loop-start signaling. This Loop type is more fully
described in Frontier Technical Reference (TH)-72565, as revised
from time-to-time. lf "Customer-Specified Signaling" is requested, the
Native Netwoft lD Comp v4 062416 95
3.'.1.2
3.1.3
3.1.4
3.1.5
Loop will operate with one of the following signaling types that may be
specified when the Loop is ordered: loop-start, ground-start, loop-
reverse-battery, and no signaling. Customer specified signaling is
more fully described in Frontier TR-72570, as revised from time-to-
time. Frontier will not build new facilities or modify existing facilities
except to the extent required in Section 17 of this Attachment.
"4-Wire Analog Voice Grade Loop" or "Analog 4W" provides an
effective 4-wire channel with 4-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals. This Loop type will operate with one of the following
signaling types that may be specified when the Loop is ordered: loop-
start, ground-start, loop-reverse-battery, duplex, and no si gnaling.
This Loop type is more fully described in Frontier TB-72570, as
revised from time-to-time. Frontier will not build new facilities or
modify existing facilities except to the extent required in Section 17 of
this Attachment.
"2-Wire ISDN Digital Grade Loop" or "BRl ISDN' provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digital services using the ISDN 2B1Q line code. This Loop
type is more fully described in American National Standards lnstitute
(ANSI) T1.601-1998 and Frontier TR72575, as revised lrom time-to-
time. ln some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Frontier will provide loop
extension equipment only upon request. A separate charge will apply
for loop extension equipment. The 2-Wire ISDN DigitalGrade Loop is
available only in the former Bell Atlantic Service Areas. ln the former
GTE Service Areas only, Native Network may order a 2-Wire Digital
Compatible Loop using 2-wire ISDN ordering codes to provide similar
capability. Frontier will not build new facilities or modify existing
facilities except to the extent required in Section 17 of this Attachment.
"2-Wire ADSL-Compatible Loop" or "ADSL 2W" provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
digital signals up to 8 Mbps toward the Customer and up to 1 Mbps
from the Customer. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. ADSL-Compatible Loops will
be available only where existing copper facilities are available and
meet applicable specifications. Frontier will not build new facilities or
modify existing facilities except to the extent required in Sections 3.2
or 17 of this Attachment. The upstream and downstream ADSL power
spectral density masks and dc line power limits in Frontier fR72575,
as revised from time-to-time, must be met. The 2-Wire ADSL-
Compatible Loop is available only in the former Bell Atlantic Service
Areas. ln the former GTE Service Areas only, Native Network may
order a 2-Wire DigitalCompatible Loop using 2-wire ADSL ordering
codes to provide similar capability.
"2-Wire HDSl-Compatible Loop" or "HDSL 2W" consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrier serving
area design criteria. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR72575,
as revised from time-to-time, must be met. 2-Wire HDSl-Compatible
Loops will be provided only where existlng facilities are available and
Native Network lD Comp v4 062416 96
3.1.6
3.1.7
3.1.8
3.1.9
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. ln the
former GTE Service Areas only, Native Network may order a 2-Wire
Digital Compatible Loop using 2-Wire HDSL ordering codes to provide
similar capability. Frontier will not build new facilities or modify
existing facilities except to the extent required in Sections 3.2 or'17 ot
this Attachment.
"4-Wire HDSL-Compatible Loop" or "HDSL 4W" consists of two 2-wire
non-loaded, twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in Frontier TR-
72575, as revised from time-to-time. The HDSL power speclral
density mask and dc line power limits referenced in Frontier TR72575,
as revised from time-to-time, must be met. 4-Wire HDSL-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. Frontier will not build new facilities
or modify existing facilities except to the extent required in Sections
3.2 or 17 of this Attachment.
"2-Wire IDSL-Compatible Metallic Loop" consists of a single 2-wire
non-loaded, twisted copper pair that meets revised resistance design
criteria. This Loop is intended to be used with very-low band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the T1E1.4 loop spectrum management standard
(T1 E1 .4/2000-002R3) and are not compatible with 2B1Q 160 kbps
ISDN transport systems. The actual data rate achieved depends upon
the performance of ClEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1E1.4/2000-002R3, as revised from time-to-time. This
loop cannot be provided via UDLC. The 2-Wire IDSL-Compatible
Metallic Loop is available only in the former BellAtlantic Service
Areas. ln the former GTE Service Areas only, Native Network may
order a 2-Wire Digital Compatible Loop using ISDN ordering codes to
provide similar capability. Frontier will not build new facilities or modify
existing facilities except to the extent required in Sections 3.2 or 17 ot
this Attachment.
"2-Wire SDSL-Compatible Loop", is intended to be used with low band
symmetric DSL systems that meet the Class 2 signal power limits and
other criteria in the T1E1.4 loop spectrum management standard
(f 1E1.4(2OO0-002R3). This Loop consists of a single 2-wire non-
loaded, twisted copper pair that meets Class 2 length limit in
T1E1.4/2000-002R3. The data rate achieved depends on the
performance of the CLEC-provided modems with the electrical
characteristics associated with the loop. This Loop type is more fully
described in T1El .4|2OOO-OO2R3, as revised from time-to-time. The
2-Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. ln the former GTE Service Areas only, Native
Network may order a 2-Wire Digital Compatible Loop to provide similar
capability. SDSL-compatible local loops will be provided only where
facilities are available and can meet applicable specifications. Frontier
will not build new facilities or modify existing facilities except to the
extent required in Sections 3.2 or 17 of this Attachment.
"4-Wire 56 kbps Loop" is a 4-wire Loop that provides a transmission
path that is suitable for the transport of digital data at a synchronous
Native Network lD Comp v4 062416 97
3.1.10
3.1.11
3.1.12
rate of 56 kbps in opposite directions on such Loop simultaneously. A
4-Wire 56 kbps Loop consists of two pairs of non-loaded copper wires
with no intermediate electronics or it consists of universal digital loop
carrier with 56 kbps DDS dataport transport capability. Frontier shall
provide 4-Wire 56 kbps Loops to Native Network in accordance with,
and subject to, the technical specifications set forth in Frontier TR-
72575, as revised from time-to-time. Frontier will not build new
facilities or modify existing facilities except to the extent required in
Section 17 of this Attachment.
"DSl Loops" provide a digital transmission channel suitable for the
transport ol 1.544 Mbps digital signals. This Loop type is more fully
described in Frontier TR72575, as revised from time to time. The DSl
Loop includes the electronics necessary to provide the DS1
transmission rate. lf, at the requested installation date, the electronics
necessary to provide the DS1 transmission rate are not available for
the requested DS1 Loop, then Frontier will not install new electronics
except to the extent required in Section 17 of this Attachment. Frontier
will not build new facilities and will not modify existing facilities except
to the extent required in Section 17 of this Attachment. lf the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DSl Loop,
upon request by Native Network, the DSI Loop will be furnished with
Clear Channel (B8ZS) signaling. Frontier will not install new
electronics to furnish Clear Channel (B8ZS) signaling. For purposes
of provisions implementing any right Frontier may have to cease
providing unbundled access to DS1-capacity Loops under the TRRO
pursuant to Section 1 of this Attachment, the term "DSl Loop" further
includes any type of Loop described in Section 3.1 of the Network
Elements Attachment that provides a digital transmission channel
suitable for the transport ol 1.544 Mbps digital signals, regardless of
whether the subject Loop meets the specific definition of a DS1 Loop
set forth in this section.
"DS3 Loops" will support the transmission of isochronous bipolar serial
data at a rate of M.736 Mbps (the equivalent of 28 DS1 channels).
This Loop type is more fully described in Frontier TR 72575, as
revised from time to time. The DS3 Loop includes the electronics
necessary to provide the DS3 transmission rate. lf, at the requested
installation date, the electronics necessary to provide the DS3
transmission rate are not available for the requested DS3 Loop, then
Frontier will not install new electronics except to the extent required in
Section 17 of this Attachment. Frontier will not build new facilities and
will not modify existing facilities except to the extent required in
Section 17 of this Attachment. For purposes of provisions
implementing any right Frontier may have to cease providing
unbundled access to DS3-capacity loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS3 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport ol 44.736 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS3 Loop set forth in
this section.
ln the former Bell Atlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific Native Network
Nativo Network lD Comp v4 062416 98
requirements for metallic loops over 18k ft. or for conditioning of
ADSL, HDSL, SDSL, IDSL, or BHI ISDN Loops. "DigitalDesigned
Loops" may include requests for:
3.1.13
3.1.14
3.1.12.1
3.1.12.2
3.1.12.7
3.1.12.8
3.1.14.1
3.',t.'t4.2
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shallbe deemed to be a'2W ADSL Compatible
Loop");
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed Metallic Loop with Frontier-placed
ISDN loop extension electronics;
a 2W Digital Designed Metallic Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a'2W ADSL Compatible Loop");
a 2W SDSL Loop with an option to remove bridged tap; and
a 2W Digital Loop with a total loop length of 12k to 30k ft.,
unloaded, with the option to remove bridged tap (such a
Loop, unloaded, with bridged tap so removed shall be
deemed to be a "2W Digital Compatible Loop");
a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to be a
'2W Digital Gompatible Loop");
a 2W IDSL Loop of less than 18k ft. with an option to
remove bridged tap;
Frontier shall make Digital Designed Loops available Native Network
at the rates as set forth in the Pricing Attachment.
ln the former GTE Service Areas only, "Conditioned Loops" are
comprised of designed loops that meet specific Native Network
requirements for metallic loops over 12k ft. or for conditioning of 2-wire
or 4-wire digital or BRI ISDN Loops. "Conditioned Loops" may include
requests for:
Native Network lD Comp v4 062416
3.1.14.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an
option to remove bridged tap (such a 2W Loop with bridged
tap so removed shall be deemed to be a "2W Digital
Compatible Loop");
3.1.14.4 a 2W Digital Loop with Frontier-placed ISDN loop extension
electronics (such a Loop with ISDN loop extension
99
3.2
electronics so placed shall be deemed to be a "2W Digital
Compatible Loop").
3.1.15 Frontier shall make Conditioned Loops available to Native Network at
the rates as set forth in the Pricing Attachment.
The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1 Native Network shall place orders for xDSL Compatible Loops, Digital
Designed and Conditioned Loops by delivering to Frontier a valid
electronic transmittal Service Order or other mutually agreed upon
type of Service Order. Such Service Order shall be provided in
accordance with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
3.2.2 ln former Bell Atlantic Service Areas, Frontier is conducting a
mechanized survey of existing Loop facilities, on a Central Office by
Central Office basis, to identify those Loops that meet the applicable
technical characteristics established by Frontier for compatibility with
xDSL Compatible or BRI ISDN signals. The results of this survey will
be stored in a mechanized database and made available to Native
Network as the process is completed in each Central Office. Native
Network must utilize this mechanized loop qualification database,
where available, in advance of submitting a valid electronic transmittal
Service Order for an xDSL Compatible or BRI ISDN Loop. Charges
for mechanized loop qualification information are set forth in the
Pricing Attachment. ln former GTE Service Areas, Frontier provides
access to mechanized xDSL loop qualification information to help
identify those loops that meet applicable technical characteristics for
compatibility with xDSL Services that the CLEC may wish to offer to its
end user Customers. Native Network must access Frontier's
mechanized loop qualification system through the use of the on-line
computer interface at http://wholesale.f rontier.com/wholesale/ in
advance of submitting a valid electronic transmittal Service Order for
xDSL service arrangements. The loop qualification information
provided by Frontier gives Native Network the ability to determine loop
composition and loop length, and may provide other loop
characteristics, when present, that may indicate incompatibility with
xDSL Services such as load coils or Digital Loop Carrier. lnformation
provided by the mechanized loop qualification system also indicates
whether loop conditioning may be necessary. lt is the responsibility of
Native Network to evaluate the loop qualification information provided
by Frontier and determine whether a loop meets Native Network
requirements for xDSL Service, including determining whether
conditioning should be ordered, prior to submitting an Order.
3.2.3 lf the Loop is not listed in the mechanized database described in
Section 3.2.2 ol this Attachment, Native Network must request a
manual loop qualification, where such qualification is available, prior to
submitting a valid electronic Service Order for an xDSL Compatible or
BRI ISDN Loop. ln general, Frontier will complete a manual loop
qualification request within three (3) Business Days, although Frontier
may require additionaltime due to poor record conditions, spikes in
demand, or other unforeseen events. The manual loop qualification
process is currently available in the former Bell Atlantic Service Areas
only.
Native Network lD ComP v4062416 100
3.2.4
3.2.5
3.2.6
3.2.7
Native Network lD Comp v4062416
lf a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.9., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), Native Network may request an Engineering
Query, where available, as described in Section 3.2.7 of this
Attachment, to determine whether the result is due to characteristics of
the loop itself (e.9., specific number and location of bridged taps, the
specific number of load coils, or the gauge of the cable).
Once a Loop has been pre-qualified, Native Network will submit a
Service Order pursuant to Section 3.2.1 of this Attachment if it wishes
to obtain the Loop.
3.2.5.1 lf the Loop is determined to be xDSL Compatible and if the
Loop serving the serving address is usable and available to
be assigned as a xDSL Compatible Loop, Frontier will
initiate standard Loop provisioning and installation
processes, and standard Loop provisioning intervals will
apply.
3.2.5.2 lf the Loop is determined to be xDSL Compatible, but the
Loop serving the service address is unusable or unavailable
to be assigned as an xDSL Compatible Loop, Frontier will
search the Customer's serving terminal for a suitable spare
facility. lf an xDSL Compatible Loop is found within the
serving terminal, Frontier will perform a Line and Station
Transfer (or "pair swap") whereby the Frontier technician
will transfer the Customer's existing service from one
existing Loop facility onto an alternate existing xDSL
Compatible Loop facility serving the same location. Frontier
performs Line and Station Transfers in accordance with the
procedures developed in the DSL Collaborative in the State
of New York, NY PSC Case 00-C-0127. Standard intervals
do not apply when Frontier performs a Line and Station
Transfer, and additional charges shall apply as set forth in
the Pricing Attachment.
lf Native Network submits a Service Order for an xDSL Compatible or
BRI ISDN Loop that has not been prequalified, Frontier will query the
Service Order back to Native Network for qualification and will not
accept such Service Order untilthe Loop has been prequalified on a
mechanized or manual basis. lf Native Network submits a Service
Order for an xDSL Compatible or BRI ISDN Loop that is, in fact, not
compatible with the requested service (e.9. ADSL, HDSL etc.) in its
existing condition, Frontier will respond back to Native Network with a
"Nonqualified" indicator and with information showing whether the non-
qualified result is due to the presence of load coils, presence of digital
loop carrier, or loop length (including bridged tap).
Where Native Network has followed the prequalification procedure
described above and has determined that a Loop is not compatible
with xDSL technologies or BBI ISDN service in its existing condition, it
may either request an Engineering Query, where available, to
determine whether conditioning may make the Loop compatible with
the applicable service; or if Native Network is already aware of the
conditioning required (e.9., where Native Network has previously
requested a qualification and has obtained loop characteristics),
101
3.3
Native Network may submit a Service Order for a Digital Designed
Loop. Frontier will undertake to condition or extend the Loop in
accordance with this Section 3.2 of this Attachment upon receipt of
Native Network's valid, accurate and pre-qualified Service Order for a
DigitalDesigned Loop.
3.2.8 The Parties will make reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. ln general, where
conditioning or loop extensions are requested by Native Network, an
interval of eighteen (18) Business Days will be required by Frontier to
complete the loop analysis and the necessary construction work
involved in conditioning and/or extending the loop as follows:
3.2.8.1 Three (3) Business Days will be required following receipt of
Native Network's valid, accurate and pre-qualified Service
Order for a Digital Designed or Conditioned Loop to analyze
the loop and related plant records and to create an
Engineering Work Order.
3.2.8.2 Upon completion of an Engineering Work Order, Frontier
will initiate the construction order to perform the
changes/modifications to the Loop requested by Native
Network. Conditioning activities are, in most cases, able to
be accomplished within fifteen (15) Business Days.
Unforeseen conditions may add to this interval.
After the engineering and conditioning tasks have been completed, the
standard Loop provisioning and installation process will be initiated,
subject to Frontier's standard provisioning intervals.
3.2.9 lf Native Network requires a change in scheduling, it must contact
Frontier to issue a supplement to the original Service Order. lf Native
Network cancels the request for conditioning after a loop analysis has
been completed but prior to the commencement of construction work,
Native Network shall compensate Frontier for an Engineering Work
Order charge as set forth in the Pricing Attachment. lf Native Network
cancels the request for conditioning after the loop analysis has been
completed and after construction work has started or is complete,
Native Network shall compensate Frontier for an Engineering Work
Order charge as well as the charges associated with the conditioning
tasks performed as set forth in the Pricing Attachment.
Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Local
Loops (Analog 2W Loops).
3.3.1 The following coordination procedures shall apply to "live" cutovers of
Frontier Customers who are converting their Telephone Exchange
Services to Native Network Telephone Exchange Services provisioned
over Analog 2W Loops to be provided by Frontier to Native Network:
3.3.1.1 Coordinated cutover charges shall apply to conversions of
live Telephone Exchange Services to Analog 2W Loops.
When an outside dispatch is required to perform a
conversion, additional charges may apply. lf Native
Network does not request a coordinated cutover, Frontier
will process Native Network's order as a new installation
subject to applicable standard provisioning intervals.
Native Network lD Comp v4 062416 102
Native Network lD Comp v4 062416
3.3.1.2 Native Network shall request Analog 2W Loops for
coordinated cutover from Frontier by delivering to Frontier a
valid electronic Local Service Request ('LSR"). Frontier
agrees to accept from Native Network the date and time for
the conversion designated on the LSR ("Scheduled
Conversion Time"), provided that such designation is within
the regularly scheduled operating hours of the Frontier
Regional CLEC Control Center ("RCCC") and subject to the
availability of Frontier's work force. ln the event that
Frontier's work force is not available, Native Network and
Frontier shall mutually agree on a New Conversion Time, as
defined below. Nalive Network shall designate the
Scheduled Conversion Time subject to Frontier standard
provisioning intervals as stated in the Frontier CLEC
Handbook, as may be revised from time to time. Within
three (3) Business Days of Frontier's receipt of such valid
LSR, or as otherwise required by the Federal Unbundling
Rules, Frontier shall provide Native Network the scheduled
due date for conversion of the Analog 2W Loops covered by
such LSFI.
3.3.1.3 Native Network shall provide dial tone at the Native Network
collocation site at least forty-eight (48) hours prior to the
Scheduled Conversion Time.
3.3.1.4 Either Party may contact the other Party to negotiate a new
Scheduled Conversion Time (the "New Conversion Time");
provided, however, that each Party shall use commercially
reasonable efforts to provide four (4) business hours'
advance notice to the other Party of its request for a New
Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one
(1) time in a Business Day, and any two New Conversion
Times for a particular Analog 2W Loop shall differ by at
least eight (8) hours, unless otherwise agreed to by the
Parties.
3.3.1.5 lf the New Conversion Time is more than one (1) business
hour from the original Scheduled Conversion Time or from
the previous New Conversion Time, the Party requesting
such New Conversion Time shall be subject to the following:
3.3.1.5.1 lf Frontier requests to reschedule outside of the
one (1) hour time frame above, the Analog 2W
Loops Service Order Charge for the original
Scheduled Conversion Time or the previous
New Conversion Time shall be credited upon
request from Native Network; and
3.3.1.5.2 lf Native Network requests to reschedule outside
the one (1) hour time frame above, Native
Network shall be charged an additional Analog
2W Loops Service Order Charge for
rescheduling the conversion to the New
Conversion Time.
103
3.3.1.6 lf Native Network is not ready to accept service at the
Scheduled Conversion Time or at a New Conversion Time,
as applicable, an additional Service Order Charge shall
apply. lf Frontier is not available or ready to perform the
conversion within thirty (30) minutes of the Scheduled
Conversion Time or New Conversion Time, as applicable,
Frontier and Native Network will reschedule and, upon
request from Native Network, Frontier will credit the Analog
2W Loop Service Order Charge for the original Scheduled
Conversion Time.
3.3.1.7 The standard time interval expected lrom disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to Native Network is fifteen (15) minutes
per Analog 2W Loop for all orders consisting of twenty (20)
Analog 2W Loops or less. Orders involving more than
twenty (20) Loops will require a negotiated interval.
3.3.1.8 Conversions involving LNP willbe completed according to
North American Numbering Council (NANC) standards, via
the regional Number Portability Administration Center
(NPAC).
3.3.1.9 lf Native Network requires Analog 2W Loop conversions
outside of the regularly scheduled Frontier RCCC operating
hours, such conversions shall be separately negotiated.
Additional charges (e.9. overtime labor charges) may apply
for desired dates and times outside of regularly scheduled
RCCC operating hours.
3.4
3.5
Intentionally Left Blank].
FTTP Loops.
3.5.1 New Builds. Notwithstanding any other provision of the Agreement or
any Frontier Taritf, Native Network shall not be entitled to obtain
access to a FTTP Loop, or any segment thereof, on an unbundled
basis when Frontier deploys such a Loop to the Customer premises of
an end user that has not been served by any Frontier Loop other than
a FTTP Loop.
3.5.2 Overbuilds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, if (a) Frontier deploys an FTTP Loop to replace a
copper Loop previously used to serve a particular end user's customer
premises, and (b) Frontier retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for Native Network's
provision of a voice grade service to that end user's customer
premises, then in accordance with, but only to the extent required by,
the Federal Unbundling Rules, Frontier shall provide Native Network
with nondiscriminatory access on an unbundled basis to a
transmission path capable of providing DSO voice grade service to that
end user's customer premises.
3.6 Hybrid Loops.
3.6.1 Packet Switched Features. Functions. and Capabilities.
Notwithstanding any other provision of this Agreement or any Frontier
Native Network lD Comp v4 062416 104
3.6.2
3.6.3
3.6.4
Tariff or SGAT, Native Network shall not be entitled to obtain access to
the Packet Switched features, functions, or capabilities of any Hybrid
Loop on an unbundled basis.
Broadband Services. Subject to the conditions set forth in Section 1 of
this Attachment, when Native Network seeks access to a Hybrid Loop
for the provision of "broadband services", as such term is defined by
the FCC, then in accordance with, but only to the extent required by,
the Federal Unbundling Rules, Frontier shall provide Native Network
with unbundled access to the existing time division multiplexing
features, functions, and capabilities of that Hybrid Loop, including DS1
or DS3 capacity (but only where impairment has been found to exist,
which, for the avoidance of any doubt, does not include instances
where Frontier is not required to provide unbundled access to a DS1
Loop or a DS3 Loop under Section 1 of this Attachment) to establish a
complete time division multiplexing transmission path between the
main distribution frame (or equivalent) in a Frontier End Otfice serving
an end user to the demarcation point at the end user's Customer
premises. This access includes access to all features, functions, and
capabilities of the Hybrid Loop that are not used to transmit packetized
information.
Narrowband Services. Subject to the conditions set forth in Section 1
of this Attachment, when Native Network seeks access to a Hybrid
Loop for the provision to its Customer of "narrowband services", as
such term is defined by the FCC, then in accordance with, but only to
the extent required by, the Federal Unbundling Rules, Frontier shall, in
its sole discretion, either (a) provide access to a spare home-run
copper Loop serving that Customer on an unbundled basis, or (b)
provide access, on an unbundled basis, to a DSO voice-grade
transmission path between the main distribution frame (or equivalent)
in the end user's serving End Office and the end user's Customer
premises, using time division multiplexing technology.
IDLC Hvbrid Loops and Looos Provisioned via Loop Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
Native Network requests, in order to provide narrowband services,
unbundling of a 2 wire analog or 4 wire analog Loop currently
provisioned via lntegrated Digital Loop Carrier (over a Hybrid Loop) or
via Remote Switching technology deployed as a Loop concentrator
Frontier shall, in accordance with but only to the extent required by the
Federal Unbundling Rules, provide Native Network unbundled access
to a Loop capable of voice-grade service to the end user Customer
served by the Hybrid Loop.
3.6.4.1 Frontier will endeavor to provide Native Network with an
existing copper Loop or a Loop served by existing Universal
Digital Loop Carrier ("UDLC'). Standard recurring and non-
recurring Loop charges willapply. ln addition, a non-
recurring charge will apply whenever a line and station
transfer is performed.
3.6.4.2 lf neither a copper Loop nor a Loop served by UDLC is
available, Frontier shall, upon request of Native Network,
provide unbundled access to a DSO voice-grade
transmission path between the main distribution frame (or
equivalent) in the end user's serving End Office and the end
Native Network lD Comp v4062416 105
user's Customer premises via such technically feasible
alternative that Frontier in its sole discretion may elect to
employ. ln addition to the rates and charges payable in
connection with any unbundled Loop so provisioned by
Frontier, Native Network shall be responsible for any of the
following charges that apply in the event the technically
feasible option involves construction, installation, or
modification of facilities: (a) an engineering query charge
for preparation of a price quote; (b) upon Native Network's
submission of a firm construction order, an engineering
work order nonrecurring charge; and (c) construction
charges, as set forth in the price quote. lf the order is
cancelled by Native Network after construction work has
started, Native Network shall be responsible for cancellation
charges and a pro-rated charge for construction work
performed prior to the cancellation.
3.6.4.3 Frontier may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.6.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as "Loop Sharing")
4.1 Line Splitting is a process in which one CLEC provides narrowband voice service
over the low frequency portion of an unbundled copper Loop obtained from
Frontier (such CLEC may be referred to as the "VLEC') and a second CLEC
provides digital subscriber line service over the high lrequency portion of that
same Loop (such CLEC may be referred to as the'DLEC'). Line Splitting is
accomplished through the use of a splitter collocated at the Frontier central office
where the Loop terminates into a distribution frame or its equivalent.
4.2 Subject to the conditions set forth in Section 1 of this Attachment, Native Network
may engage in Line Splitting, in accordance with this Section 4 and the rates and
charges provided for in the Pricing Attachment. Frontier shall provide access to
Line Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
4.3 Any Line Splitting between Native Network and another CLEC shall be
accomplished by prior negotiated arrangement between Native Network and the
other CLEC. Native Network shall give Frontier written notice of this
arrangement through the Frontier Local Service Customer Profile Form (formerly
referred to as the Frontier Wholesale Local Service Customer Profile Form) on
the Frontier website (formerly referred to as the Frontier wholesale website), or
such other electronic notice mechanism that Frontier may make available, at
least thirty (30) days prior to placing an order for a Line Splitting arrangement
with such other CLEC. The other CLEC must have an interconnection
agreement with Frontier that permits it to engage in Line Splitting with Native
Network. The VLEC shall be responsible for all rates and charges associated
with the subject Loop as well as rates and charges associated with the DLEC's
use of the high frequency portion of the Loop, including, but not limited to, service
order charges, provisioning and installation charges, central office wiring, loop
qualification charges, and OSS charges.
ln order to facilitate Native Network's engaging in Line Splitting pursuant to this
Section 4, Native Network may order for use in a Line Splitting arrangement,
4.4
Native Netuork lD Comp v4 062416 106
those Network Elements, Combinations, Collocation arrangements, services,
facilities, equipment and arrangements, appropriate for Line Splitting, that are
offered to Native Network by Frontier under the other sections of this Agreement.
Such Network Elements, Combinations, Collocation arrangements, seryices,
facilities, equipment and arrangements, will be provided to Native Network in
accordance with, and subject to, the rates and charges and other provisions of
this Agreement and Frontier's applicable Tariffs. Frontier shall be obligated to
provide Network Elements, Combinations, Collocation arrangements, services,
facilities, equipment and arrangements, for Line Splitting only to the extent
required by the Federal Unbundling Rules.
4.5 Native Network and/or the other participating CLEC shall provide any splitters
and/or Digital Subscriber Line Access Multiplexers used in a Line Splitting
arrangement.
The standard provisioning interval for the Line Splitting arrangement shall be as
set out in the Frontier Product lnterval Guide; provided that the standard
provisioning interval for a Line Splitting arrangement shall not exceed the
shortest of the following intervals: (1) the standard provisioning interval for a Line
Splitting arrangement if stated in an applicable Frontier Tariff; or, (2) the standard
provisioning interval for a Line Splitting arrangement, if any, established in
accordance with the Federal Unbundling Rules. The standard provisioning
interval for a Line Splitting arrangement shall commence only afier any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
4.7 Frontier shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either Native Network's or the other CLEC's
respective voice or data services over a Line Splitting arrangement.
[This Sectlon lntentionally Left Blank]
Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Native Network, Frontier shall allow Native Network to access Sub-Loops unbundled from
local switching and transport, in accordance with the terms of this Section 6 and the rates
and charges set forth in the Pricing Attachment. Frontier shall allow Native Network
access to Sub-Loops in accordance with, but only to the extent required by, the Federal
Unbundling Rules. The available Sub-Loop types are as set forth below.
6.1 UnbundledSub-LoooArranoement-Distribution(USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Native Network, Frontier shall provide Native Network with access to
a Sub-Loop Distribution Facility in accordance with, and subject to, the terms and
provisions of this Section 6.1, the rates set forth in the Pricing Attachment, and
the rates, terms and conditions set forth in Frontier's applicable Tariffs. Frontier
shall provide Native Network with access to a Sub-Loop Distribution Facility in
accordance with, but only to the extent required by, the Federal Unbundling
Rules.
6.1.1 Native Network may request that Frontier reactivate (if available) an
unused drop and NID or provide Native Network with access to a drop
and NID that, at the time of Native Network's request, Frontier is using
Native Net\,r/ork lD Comp v4062416 107
4.6
5.
6.
6.1.2
6.'t.3
6.1.4
to provide service to the Customer (as such term is hereinafter
defined).
Upon site-specific request, Native Network may obtain access to the
Sub-Loop Distribution Facility at a technically feasible access point
located near a Frontier remote terminal equipment enclosure at the
rates and charges provided for in the Pricing Attachment. lt is not
technically feasible to access the Sub-Loop Distribution Facility if a
technician must access the facility by removing a splice case to reach
the wiring within the cable. Native Network may obtain access to a
Sub-Loop Distribution Facility through any method required by the
Federal Unbundling Rules, in addition to existing methods such as
from a Telecommunications outside plant interconnection cabinet
(TOPIC) or, if Native Network is collocated at a remote terminal
equipment enclosure and the FDI for such Sub-Loop Distribution
Facility is located in such enclosure, from the collocation arrangement
of Native Network at such terminal. lf Native Network obtains access
to a Sub-Loop Distribution Facility from a TOPIC, Native Network shall
install a TOPIC on an easement or Right of Way obtained by Native
Network within 100 feet of the Frontier FDI to which such Sub-Loop
Distribution Facility is connected. A TOPIC must comply with
applicable industry standards. Subject to the terms of applicable
Frontier easements, Frontier shall furnish and place an interconnecting
cable between a Frontier FDI and a Native Network TOPIC and
Frontier shall install a termination block within such TOPIC. Frontier
shall retain title to and maintain the interconnecting cable. Frontier
shall not be responsible for building, maintaining or servicing the
TOPIC and shall not provide any power that might be required by
Native Network for any of Native Network's electronics in the TOPIC.
Native Network shall provide any easement, Right of Way or trenching
or supporting structure required for any portion of an interconnecting
cable that runs beyond a Frontier easement.
Native Network may request from Frontier by submitting a loop make-
up engineering query to Frontier, and Frontier shall provide to Native
Network, the following information regarding a Sub-Loop Distribution
Facility that serves an identified Customer: the Sub-Loop Distribution
Facility's length and gauge; whether the Sub-Loop Distribution Facility
has loading and bridged tap; the amount of bridged tap (if any) on the
Sub-Loop Distribution Facility; and, the location of the FDI to which the
Sub-Loop Distribution Facility is connected.
To order access to a Sub-Loop Distribution Facility from a TOPIC,
Native Network must first request that Frontier connect the Frontier
FDI to which the Sub-Loop Distribution Facility is connected to a
Native Network TOPIC. To make such a request, Native Network
must submit to Frontier an application (a "Sub-Loop Distribution
Facility lnterconnection Application") that identifies the FDI at which
Native Network wishes to access the Sub-Loop Distribution Facility. A
Sub-Loop Distribution Facility lnterconnection Application shall state
the location of the TOPIC, the size of the interconnecting cable and a
description of the cable's supporting structure. A Sub-Loop
Distribution Facility lnterconnection Application shall also include a
five-year forecast of Native Network's demand for access to Sub-Loop
Distribution Facilities at the requested FDl. Native Network must
submit the application fee set forth in the Pricing Attachment attached
Native Network lD Comp v4062416 108
6.1.5
6.1.6
6.1.7
6.1.8
hereto and Frontier's applicable Tariffs (a "Sub-Loop Distribution
Facility Application Fee") with Sub-Loop Distribution Facility
lnterconnection Application. Native Network must submit Sub-Loop
lnterconnection Applications to:
Native Network's Account Manager
Within sixty (60) days after it receives a complete Sub-Loop
Distribution Facility lnterconnection Application for access to a Sub-
Loop Distribution Facility and the Sub-Loop Distribution Facility
Application Fee for such application, Frontier shall provide to Native
Network a work order that describes the work that Frontier must
perform to provide such access (a "Sub-Loop Distribution Facility Work
Orde/') and a statement of the cost of such work (a "Sub-Loop
Distribution Facility I nterconnection Cost Statement').
Native Network shall pay to Frontier fifty percent (50o/o) of the cost set
forth in a Sub-Loop Distribution Facility lnterconnection Cost
Statement within sixty (60) days of Native Network's receipt of such
statement and the associated Sub-Loop Distribution Facility Work
Order, and Frontier shall not be obligated to perform any of the work
set forth in such order until Frontier has received such payment. A
Sub-Loop Distribution Facility lnterconnection Application shall be
deemed to have been withdrawn if Native Network breaches its
payment obligation under this Section. Upon Frontier's completion of
the work that Frontier must perform to provide Native Network with
access to a Sub-Loop Distribution Facility, Frontier shall bill Native
Network, and Native Network shall pay to Frontier, the balance of the
cost set forth in the Sub-Loop Distribution Facility lnterconnection Cost
Statement for such access.
After Frontier has completed the installation of the interconnecting
cable to a Native Network TOPIC and Native Network has paid the lull
cost of such installation, Native Network can request the connection of
Frontier Sub-Loop Distribution Facilities to the Native Network TOPIC.
At the same time, Native Network shall advise Frontier of the services
that Native Network plans to provide over the Sub-Loop Distribution
Facility, request any conditioning of the Sub-Loop Distribution Facility
and assign the pairs in the interconnecting cable. Native Network
shall run any crosswires within the TOPIC.
lf Native Network requests that Frontier reactivate an unused drop and
NlD, then Native Network shall provide dialtone (or its DSL
equivalent) on the Native Network side of the applicable Frontier FDI
at least twenty-four (24) hours before the due date. On the due date,
a Frontier technician will run the appropriate cross connection to
connect the Frontier Sub-Loop Distribution Facility to the Native
Network dial tone or equivalent from the TOPIC. lf Native Network
requests that Frontier provide Native Network with access to a Sub-
Loop Distribution Facility that, at the time of Native Network's request,
Frontier is using to provide service to a Customer, then, after Native
Network has looped two interconnecting pairs through the TOPIC and
at least twenty lour (24) hours before the due date, a Frontier
technician shall crosswire the dialtone from the Frontier central otfice
through the Frontier side of the TOPIC and back out again to the
Frontier FDI and Frontier Sub-Loop Distribution Facility using the "loop
Native Network lD Comp v4 062416 109
6.1.9
6.1.10
through" approach. On the due date, Native Network shall disconnect
Frontier's dial tone, crosswire its dial tone to the Sub-Loop Distribution
Facility and submit Native Network's LNP request.
Frontier will not provide access to a Sub-Loop Distribution Facility if
Frontier is using the loop of which the Sub-Loop Distribution Facility is
a part to provide line sharing service to another CLEC or a service that
uses derived channel technology to a Customer unless such other
CLEC first terminates the Frontier-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
Frontier shall provide Native Network with access to a Sub-Loop
Distribution Facility in accordance with negotiated intervals
6.1.11 Frontier shall repair and maintain a Sub-Loop Distribution Facility at
the request of Native Network and subject to the time and material
rates set forth in Pricing Attachment and the rates, terms and
conditions of Frontier's applicable Tariffs. Native Network accepts
responsibility for initial trouble isolation for Sub-Loop Distribution
Facilities and providing Frontier with appropriate dispatch information
based on its test results. lf (a) Native Network reports to Frontier a
Customer trouble, (b) Native Network requests a dispatch, (c) Frontier
dispatches a technician, and (d) such trouble was not caused by
Frontier Sub-Loop Distribution Facility facilities or equipment in whole
or in part, Native Network shall pay Frontier the charges set forth in
the Pricing Attachment and Frontier's applicable Tariffs for time
associated with said dispatch. ln addition, these charges also apply
when the Customer contact as designated by Native Network is not
available at the appointed time. lf as the result of Native Network
instructions, Frontier is erroneously requested to dispatch to a site on
Frontier company premises ("dispatch in"), the charges set forth in
Pricing Attachment and Frontier's applicable Tariffs will be assessed
per occurrence to Native Network by Frontier. lf as the result of Native
Network instructions, Frontier is erroneously requested to dispatch to a
site outside of Frontier company premises ("dispatch out"), the charges
set forth in Pricing Attachment and Frontier's applicable Tariffs will be
assessed per occurrence to Native Network by Frontier.
6.2
6.3
fintentionally Left Blank]
Collocation in Remote Terminals.
To the extent required by Applicable Law, Frontier shall allow Native Network to
collocate equipment in a Frontier remote terminal equipment enclosure in
accordance with, and subject to, the rates, terms and conditions set forth in the
Collocation Attachment and the Pricing Attachment.
7. Sub-Loop for Multiunit Tenant Premises Access
Intentionally Left Blank].
8. Dark Fiber Transport and Transitional Provision of Embedded Dark Fiber Loops
8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Native Network, Frontier shall provide Native Network with access to
unbundled Dark Fiber Transport in accordance with, and subject to, the rates,
Native Network lD Comp v4O62416 110
8.2
terms and conditions provided in the Pricing Attachment and rates, terms and
conditions of Frontier's applicable Tariffs. Frontier shall not be required to
provide, and Native Network shall not request or obtain, unbundled access to any
dark fiber facility that does not meet the definition of Dark Fiber Transport (except
to the extent Frontier is required to provide Native Network with unbundled
access to Native Network's embedded base of Dark Fiber Loops under Section
8.3 below). For the avoidance of any doubt, notwithstanding any other provision
of this Agreement, a Frontier Tariff, or otherwise, Frontier shall not be required to
provide, and Native Network shall not request or obtain, Dark Fiber Transport
that does not connect a pair of Frontier UNE Wire Centers. Access to unbundled
Dark Fiber Transport will be provided by Frontier only where existing facilities are
available except as provided in Section 17 below. Access to Dark Fiber
Transport will be provided in accordance with, but only to the extent required by,
the Federal Unbundling Rules. Dark Fiber Transport consists of Frontier optical
transmission facilities without attached multiplexers, aggregation or other
electronics. To the extent Frontier's Dark Fiber Transport contains any lightwave
repeaters (e.9., regenerators or optical amplifiers) installed thereon, Frontier shall
not remove the same. Except as otherwise required by the Federal Unbundling
Rules, the following terms and conditions apply to Frontier's Dark Fiber Transport
offerings.
ln addition to the other terms and conditions of this Agreement, the following
terms and conditions shall apply to Dark Fiber Transport:
8.2.1 fintentionally Left Blank]
8.2.2 Native Network may access Dark Fiber Transport only at a pre-
existing Frontier accessible terminal of such Dark Fiber Transport, and
Native Network may not access Dark Fiber Transport at any other
point, including, but not limited to, a splice point or case. Dark Fiber
Transport is not available to Native Network unless such Dark
Transport is already terminated on an existing Frontier accessible
terminal. Unused fibers located in a cable vault or a controlled
environment vault, manhole or other location outside the Frontier UNE
Wire Center, and not terminated to a fiber patch panel, are not
available to Native Network.
8.2.3 Except if and, to the extent required by, the Federal Unbundling Rules
and Section 17 below, Frontier will not perform splicing (e.9., introduce
additional splice points or open existing splice points or cases) to
accommodate Native Network's request.
8.2.4 Frontier shall perform all work necessary to install a cross connect or a
fiber jumper from a Frontier accessible terminal to a Native Network
collocation arrangement.
8.2.5 A "Dark Fiber lnquiry Form" must be submitted prior to submitting an
ASR. Upon receipt of Native Network's completed Dark Fiber lnquiry
Form, Frontier will initiate a review of its cable records to determine
whether Dark Fiber Transport may be available between the locations
and in the quantities specified. Frontier will respond within fifteen (15)
Business Days from receipt of the Native Network's Dark Fiber lnquiry
Form, indicating whether Dark Fiber Transport may be available (if so
available, an "Acknowledgement") based on the records search except
that for voluminous requests or large, complex projects, Frontier
reserves the right to negotiate a different interval. The Dark Fiber
lnquiry is a record search and does not guarantee the availability of
Native Network lD Comp v4 062416 't11
Dark Fiber Transport. Where a direct Dark Fiber Transport route is not
available, Frontier will provide, where available, Dark Fiber Transport
via a reasonable indirect route that passes through intermediate
Frontier Central Offices at the rates set forth in the Pricing Attachment.
ln cases where Frontier provides Dark Fiber Transport via an indirect
route as described in this section, Native Network shall not be
permitted to access the Dark Fiber Transport at any intermediate
central office between the two Frontier central offices that are the end
points of the route. ln no event shall Frontier be required to provide
Dark Fiber Transport between two central offices that are the end
points of a route on which Frontier is not required under the Federal
Unbundling Rules to provide Dark Fiber Transport to Native Network.
Frontier reserves the right to limit the number of intermediate Frontier
Central Offices on an indirect route consistent with limitations in
Frontier's network design and/or prevailing industry practices for
opticaltransmission applications. Any limitations on the number of
intermediate Frontier Central Offices will be discussed with Native
Network. lf access to Dark Fiber Transport is not available, Frontier
will notify Native Network, within lifteen (15) Business Days, that no
spare Dark Fiber Transport is available over the direct route nor any
reasonable alternate indirect route, except that for voluminous
requests or large, complex projects, Frontier reseryes the right to
negotiate a different interval. Where no available route was found
during the record review, Frontier will identify the first blocked segment
on each alternate indirect route and which segment(s) in the alternate
indirect route are available prior to encountering a blockage on that
route, at the rates set forth in the Pricing Attachment.
8.2.5.1 Native Network shall indicate on the Dark Fiber lnquiry
Form whether the available Dark Fiber should be reserved,
at the rates set forth in the Pricing Attachment, pending
receipt of an order for the Dark Fiber.
8.2.5.2 Upon request from Native Network as indicated on the Dark
Fiber lnquiry Form, Frontier shall hold such requested Dark
Fiber Transport for Native Network's use for ten (10)
Business Days from Native Network's receipt of
Acknowledgement and may not allow any other party
(including Frontier) to use such fiber during that time period.
8.2.5.3 Native Network shall submit an order for the reserved Dark
Fiber Transport as soon as possible using the standard
ordering process or parallel provisioning process as
described in Section 8.2.5.5. The standard ordering
process shall be used when Native Network does not have
additional requirements for collocation. The parallel
provisioning process shall be used when Native Network
requires new collocation facilities or changes to existing
collocation arrangements.
8.2.5.4 lf no order is received from Native Network for the reserved
Dark Fiber Transport within ten (10) Business Days from
Native Network's receipt of Acknowledgement, Frontier
shall return to spare the reserved Dark Fiber Transport that
Frontier previously notified Native Network are available.
Should Native Network submit an order to Frontier after the
Native Network lD Comp v4 062416 1't2
8.2.5.5
ten (10) Business Day reservation period for access to Dark
Fiber Transport that Frontier has previously notified Native
Network was available, Native Network assumes all risk that
such Dark Fiber Transport will no longer be available.
Upon Native Network's request, the Parties willconduct
parallel provisioning of collocation and Dark Fiber Transport
in accordance with the following terms and conditions:
8.2.5.5.1 Native Network will use existing interfaces and
Frontier's current applications and order forms to
request collocation and Dark Fiber Transport.
8.2.5.5.2 Frontier will parallel process Native Network's
requests for collocation, including augments,
and Dark Fiber Transport.
8.2.5.5.3 Before Native Network submits a request for
parallel provisioning of collocation and Dark
Fiber Transport, Native Network will:
8.2.5.5.3.1 submit a Dark Fiber lnquiry Form
and receive an Acknowledgement
from Frontier;and
8.2.5.5.4
8.2.5.5.3.2 submit a collocation application
for the Frontier Central Office(s)
where the Dark Fiber Transport
terminates and receive
confirmation from Frontier that
Native Network's collocation
application has been accepted.
Native Network will prepare requests for parallel
provisioning of collocation and Dark Fiber
Transport in the manner and form reasonably
specified by Frontier.
8.2.5.5.5 lf Frontier rejects Native Network's Dark Fiber
Transport request, Native Network may cancel
its collocation application within five (5) Business
Days of such rejection and receive a refund of
the collocation application fee paid by Native
Network, less the costs Frontier incurred to date.
8.2.5.5.6 lf Frontier accepts Native Network's Dark Fiber
Transport request, Frontier will parallel provision
the Dark Transport to a temporary location in
Frontier's Central Office(s). Frontier will charge
and Native Network will pay for parallel
provisioning of such Dark Fiber Transport at the
rates specified in the Pricing Attachment
beginning on the date that Frontier accepts each
Dark Fiber Transport request.
8.2.5.5.7 Within ten (10) days after Frontier completes a
Native Network collocation application, Native
Native Netwok lD Comp v4062416 113
8.2.5.5.8
Network shall submit a Dark Fiber change
request to reposition Dark Fiber Transport from
the temporary location in that Frontier Central
Office(s) to the permanent location at Native
Network's collocation arrangement in such
Frontier Central Office(s). Native Network will
prepare such request(s) in the manner and form
specified by Frontier.
lf Native Network cancels its collocation
application, Native Network must also submit a
cancellation for the unbundled Dark Fiber
Transport provisioned to the temporary location
in the Frontier CentralOffice(s).
8.2.6
8.2.7
8.2.8
8.2.9
8.2.10
8.2.1'.i
8.2.12
8.2.13
8.2.'.!4
Native Network shall order Dark Fiber Transport by sending to Frontier
a separate ASR for each A to Z route.
Where a collocation arrangement can be accomplished in a Frontier
premises, access to Dark Fiber Transport that terminates in a Frontier
premises must be accomplished via a collocation arrangement in that
Frontier premises. ln circumstances where a collocation arrangement
cannot be accomplished in a Frontier premises, the Parties agree to
negotiate for possible alternative arrangements.
Except as provided in Section 17 below, Dark Fiber Transport will be
offered to Native Network in the condition that it is available in
Frontier's network at the time that Native Network submits its request
(i.e., "as is"). ln addition, Frontier shall not be required to convert lit
fiber to Dark Fiber Transport for Native Network's use.
Spare wavelengths on fiber strands, where Wave Division Multiplexing
WDM) or Dense Wave Division Multiplexing (DWDM) equipment is
deployed, are not considered to be Dark Fiber Transport, and,
therefore, willnot be offered to Native Network as Dark Fiber
Transport.
Fiber that has been assigned to fulfill a Customer order for
maintenance purposes or for Frontier's lit fiber optic systems will not
be otfered to Native Network as Dark Fiber Transport.
Native Network shall be responsible for providing all transmission,
terminating and lightwave repeater equipment necessary to light and
use Dark Fiber Transport.
Native Network may not resell Dark Fiber Transport, purchased
pursuant to this Agreement to third parties.
Except to the extent that Frontier is required by the Federal
Unbundling Rules to provide Dark Fiber Transport to Native Network
for use for Special or Switched Exchange Access Services, Native
Network shall not use Dark Fiber Transport, for Special or Switched
Exchange Access Services.
ln order to preserve the etficiency of its network, Frontier may, upon a
showing of need to the Commission, limit Native Network to leasing up
to a maximum of twenty-five percent (25%l ol the Dark Fiber Transport
Native Network lD Comp v4 062416 114
8.2.15
8.2.16
8.2.'t7
8.2.'.t8
8.2.'t9
in any given segment of Frontier's network. ln addition, except as
otherwise required by the Federal Unbundling Rules, Frontier may
take any of the following actions, notwithstanding anything to the
contrary in this Agreement:
8.2.14.1 Revoke Dark Fiber Transport leased to Native Network
upon a showing of need to the Commission and twelve (12)
months'advance written notice to Native Network; and
8.2.'.t4.2 Frontier reserves and shall not waive, Frontier's right to
claim before the Commission that Frontier should not have
to fulfill a Native Network order for Dark Transport because
that request would strand an unreasonable amount of fiber
capacity, disrupt or degrade service to Customers or
carriers other than Native Network, or impair Frontier's
ability to meet a legal obligation.
Except as expressly set forth in this Agreement, Native Network may
not reserve Dark Fiber Transport.
Native Network shall be solely responsible for: (a) determining whether
or not the transmission characteristics of the Dark Fiber Transport
accommodate the requirements of Native Network; (b) obtaining any
Rights of Way, governmental or private property permit, easement or
other authorization or approval required for access to the Dark Fiber
Transport; (c) installation of fiber optic transmission equipment needed
to power the Dark Fiber Transport to transmit permitted traffic; and (d)
except as set forth with respect to the parallel provisioning process
addressed above, Native Network's collocation arrangements with any
proper optical cross connects or other equipment that Native Network
needs to access Dark Fiber Transport before it submits an order for
such access. Native Network hereby represents and warrants that it
shall have all such rights of way, authorizations and the like applicable
to the location at which it wishes to establish a demarcation point for
Dark Fiber Transport, on or before the date that Native Network places
an order for the applicable Dark Fiber Transport, and that it shall
maintain the same going forward.
Native Network is responsible for trouble isolation before reporting
trouble to Frontier. Frontier will restore continuity to Dark Fiber
Transport that has been broken. Frontier will not repair Dark Fiber
Transport that is capable of transmitting light, even if the transmission
characteristics of the Dark Fiber Transport has changed.
Intentionally Left Blank].
Native Network may request the following, which shall be provided on
a time and materials basis (as set forth in the Pricing Attachment):
8.2.19.1 fintentionallyLeft Blank].
8.2.19.2 A field survey that shows the availability of Dark Fiber
Transport between two or more Frontier Central Offices,
shows whether or not such Dark Fiber Transport is
defective, shows whether or not such Dark Fiber Transport
has been used by Frontier for emergency restoration
activity, and tests the transmission characteristics of
Native Netrir/ork lD Comp v4 062416 115
Frontier's Dark Fiber Transport. lf a field survey shows that
Dark Fiber Transport is available, Native Network may
reserve the Dark Fiber Transport, as applicable, for ten (10)
Business Days from receipt of Frontier's field survey results.
lf Native Network submits an order for access to such Dark
Fiber Transport after passage of the foregoing ten (10)
Business Day reservation period, Frontier does not
guarantee or warrant the Dark Fiber Transport will be
available when Frontier receives such order, and Native
Network assumes all risk that the Dark Fiber Transport will
not be available. Frontier shall perform a field survey
subject to a negotiated interval. lf a Native Network submits
an order for Dark Fiber Transport without first obtaining the
results of a field survey of such Dark Fiber Transport, Native
Network assumes all risk that the Dark Fiber Transport will
not be compatible with Native Network's equipment,
including, but not limited to, order cancellation charges.
8.3 Transitional Provision of Embedded Dark Fiber Looos.
Notwithstanding any other provision of this Agreement, Frontier is not required to
provide, and Native Network may not obtain, unbundled access to any Dark Fiber
Loop; provided, however, that if Native Network leased a Dark Fiber Loop from
Frontier as of March 1 1, 2005, Native Network may continue to lease that Dark
Fiber Loop at transitional rates provided for in the THRO until September 10,
2006, and not beyond that date. The Parties acknowledge that Frontier, prior to
the Effective Date, has provided Native Network with any required notices of
discontinuance of Dark Fiber Loops, and that no further notice is required for
Frontier to exercise its rights with respect to discontinuance of Dark Fiber Loops.
9. Neturork lnterface Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Native Network, Frontier shall permit Native Network to connect a
Native Network Loop to the lnside Wiring of a Customer's premises through the
use of a Frontier NID in accordance with this Section 9 and the rates and
charges provided in the Pricing Attachment. Frontier shall provide Native
Network with access to NlDs in accordance with, but only to the extent required
by, the Federal Unbundling Rules. Native Network may access a Frontier NID
either by means of a connection (but only if the use of such connection is
technically feasible) from an adjoining Native Network NID deployed by Native
Network or, if an entrance module is available in the Frontier NlD, by connecting
a Native Network Loop to the Frontier NlD. When necessary, Frontier will
rearrange its facilities to provide access to an existing Customer's lnside Wire.
An entrance module is available only if facilities are not connected to it.
ln no case shall Native Network access, remove, disconnect or in any other way
rearrange Frontier's Loop facilities from Frontier's NlDs, enclosures, or
protectors.
ln no case shall Native Network access, remove, disconnect or in any other way
rearrange, a Customer's lnside Wiring from Frontier's NlDs, enclosures, or
protectors where such Customer lnside Wiring is used in the provision of ongoing
Telecommunications Service to that Customer.
ln no case shall Native Network remove or disconnect ground wires from
Frontier's NlDs, enclosures, or protectors.
9.2
9.3
9.4
Native Network lD Comp v40624'16 116
9.5 ln no case shall Native Network remove or disconnect NID modules, protectors,
or terminals from Frontier's NID enclosures.
Maintenance and control of premises lnside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customer's
lnside Wiring must be resolved by the person who controls use of the wiring
(e.9., the Customer).
9.7 When Native Network is connecting a Native Network-provided Loop to the
lnside Wiring of a Customer's premises through the Customer's side of the
Frontier NlD, Native Network does not need to submit a request to Frontier and
Frontier shall not charge Native Network for access to the Frontier NlD. ln such
instances, Native Network shall comply with the provisions of Sections 9.2
through 9.7 of this Attachment and shall access the Customer's lnside Wire in
the manner set forth in Section 9.8 of this Attachment.
9.8 Due to the wide variety of NlDs utilized by Frontier (based on Customer size and
environmental considerations), Native Network may access the Customer's
lnside Wiring, acting as the agent of the Customer by any of the following means
9.8.1 Where an adequate length of lnside Wiring is present and
environmental conditions permit, Native Network may remove the
lnside Wiring from the Customer's side of the Frontier NID and
connect that Inside Wiring to Native Network's NlD.
9.8.2 Where an adequate length of lnside Wiring is not present or
environmental conditions do not permit, Native Network may enter the
Customer side of the Frontier NID enclosure for the purpose of
removing the lnside Wiring from the terminals of Frontier's NID and
connecting a connectorized or spliced jumper wire from a suitable
"punch out' hole of such NID enclosure to the lnside Wiring within the
space of the Customer side of the Frontier NlD. Such connection shall
be electrically insulated and shall not make any contact with the
connection points or terminals within the Customer side of the Frontier
NID.
9.8.3 Native Network may request Frontier to make other rearrangements to
the lnside Wiring terminations or terminal enclosure on a time and
materials cost basis to be charged to the requesting party (i.e. Native
Network, its agent, the building owner or the Customer). lf Native
Network accesses the Customer's lnside Wiring as described in this
Section 9.8.3, time and materials charges will be billed to the
requesting party (i.e. Native Network, its agent, the building owner or
the Customer).
[Ihis Sedion lntentionally Left Blank]
Dedicated Transport
11.1 Subject to the conditions set forth in Section 1 of this Attachment, where facilities
are available, at Native Network's request, Frontier shall provide Native Network
with Dedicated Transport unbundled from other Network Elements at the rates
set forth in the Pricing Attachment. Frontier shall provide Native Network with
such Dedicated Transport in accordance with, but only to the extent required by,
the Federal Unbundling Rules. Except as provided in Section 17 below, Frontier
will not install new electronics, and Frontier will not build new facilities. For the
avoidance of any doubt, notwithstanding any other provision of this Agreement,
9.6
10.
11.
Native Network lD Comp v4 062416 117
Frontier shall not be required to provide, and Native Network shall not request or
obtain, unbundled access to shared (or common) transport, or any other
interoffice transport facility that does not meet the definition of Dedicated
Transport.
11.2 lf and, to the extent that, Native Network has purchased (or purchases) transport
from Frontier under a Frontier Tariff or otherwise, and Native Network has a right
under the Federal Unbundling Rules to convert (and wishes to convert) such
transport to unbundled Dedicated Transport under this Agreement, it shall give
Frontier written notice of such request (including, without limitation, through
submission of ASRs if Frontier so requests) and provide to Frontier all
information (including, without limitation, a listing of the specific circuits in
question) that Frontier reasonably requires to effectuate such conversion. ln the
case of any such conversion, Native Network shall pay any and all conversion
charges (e.9., non-recurring charges), as wellas any and alltermination
liabilities, minimum service period charges and like charges in accordance with
Frontier's applicable Tariffs. lf the transport to be converted comprises a portion
of a High Capacity EEL (as defined in Section 16.2.1 below), the applicable
provisions of Section 16 below shall apply.
ffhis Section lntentionally Left Blankl
Operations Support Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attachment, Frontier shall provide Native Network with access via
electronic interfaces to databases required for pre-ordering, ordering, provisioning,
maintenance and repair, and billing. Frontier shall provide Native Network with such
access in accordance with, but only to the extent required by, the Federal Unbundling
Flules. All such transactions shall be submitted by Native Network through such
electronic interfaces.
14. Availability of Other Network Elements on an Unbundled Basis
12.
13.
14.1
14.2
14.3
Any request by Native Network for access to a Frontier Network Element that is
not already available and that Frontier is required by the Federal Unbundling
Rules to provide on an unbundled basis shall be treated as a Network Element
Bona Fide Request pursuant to Section 14.3, of this Attachment. Native Network
shall provide Frontier access to its Network Elements as mutually agreed by the
Parties or as required by the Federal Unbundling Rules.
Notwithstanding anything to the contrary in this Section 14, a Party shall not be
required to provide a proprietary Network Element to the other Party under this
Section 14 except as required by the Federal Unbundling Bules.
Network Element Bona Fide Request (BFR).
14.3.'l Each Party shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Party hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91 -141 (rel. Oct. 1 9, 1 992)
fl 259 and n.603 or subsequent orders.
Native Netr,\,ork lD Comp v4 062416 118
14.3.2 A Network Element Bona Fide Bequest shall be submitted in writing
and shall include a technical description of each requested Network
Element.
14.3.3 The requesting Party may cancel a Network Element Bona Fide
Request at any time, but shall pay the other Party's reasonable and
demonstrable costs of processing and/or implementing the Network
Element Bona Fide Request up to the date of cancellation.
14.3.4 Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
14.3.5 Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Pafi
shall provide to the requesting Party a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Party will ofler access to the Network
Element or will provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
14.3.6 lf the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and access to the Network Element is
required to be provided by the Federal Unbundling Rules, it shall
promptly proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from the requesting
Party. When it receives such authorization, the receiving Pafi shall
promptly develop the requested services, determine their availability,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252(dX1) of the Act.
14.3.7 As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party
a Network Element Bona Fide Request quote which will include, at a
minimum, a description of each Network Element, the availability, the
applicable rates, and the installation intervals.
14.3.8 Within thirty (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Party must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 ol the Act.
14.3.9 lf a Pafi to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Party may seek mediation or arbitration by the
Commission pursuant to Section 252 ol the Act.
15. Maintenance of Network Elements
lf (a) Native Network reports to Frontier a Customer trouble, (b) Native Network requests
a dispatch, (c) Frontier dispatches a technician, and (d) such trouble was not caused by
Native Netv\ork lD Comp v4 062416 119
Frontier's facilities or equipment in whole or in part, then Native Network shall pay
Frontier a charge set forth in the Pricing Attachment for time associated with said
dispatch. ln addition, this charge also applies when the Customer contact as designated
by Native Network is not available at the appointed time. Native Network accepts
responsibility for initial trouble isolation and providing Frontier with appropriate dispatch
information based on its test results. lf, as the result of Native Network instructions,
Frontier is erroneously requested to dispatch to a site on Frontier company premises
("dispatch in"), a charge set forth in the Pricing Attachment will be assessed per
occurrence to Native Network by Frontier. lf as the result of Native Network instructions,
Frontier is erroneously requested to dispatch to a site outside of Frontier company
premises ("dispatch out"), a charge set forth in the Pricing Attachment will be assessed
per occurrence to Native Network by Frontier. Frontier agrees to respond to Native
Network trouble reports on a non-discriminatory basis consistent with the manner in
which it provides service to its own retail Customers or to any other similarly situated
Telecommunications Carrier.
16. Combinations,Commingling,andConversions
16.1 Subject to and without limiting the conditions set forth in Section 1 of this
Attachment:
16.1.1
16.1.2
16.1.3
Frontier will not prohibit the commingling of a Qualifying UNE with
Qualifying Wholesale Services, but only to the extent and so long as
commingling and provision of such Network Element (or combination
of Network Elements) is required by the Federal Unbundling Rules.
Moreover, to the extent and so long as required by the Federal
Unbundling Rules, Frontier shall, upon request of Native Network,
perform the functions necessary to commingle Qualifying UNEs with
Qualifying Wholesale Services. The rates, terms and conditions of the
applicable access Tariff or separate non-251 agreement will apply to
the Qualifying Wholesale Services, and the rates, terms and
conditions of the Agreement or the Frontier UNE Tariff, as applicable,
will apply to the Qualifying UNEs; provided, however, that a
nonrecurring charge will apply for each UNE circuit that is part of a
commingled arrangement, as set forth in the Pricing Attachment. ln
addition, if any commingling requested by Native Network requires
Frontier to perlorm physical work that Frontier is required to perform
under the Federal Unbundling Rules, then Frontier's standard charges
for such work shall apply or, in the absence of a standard charge, a
fee calculated using Frontier's standard time and materials rates shall
apply until such time as a standard charge is established pursuant to
the terms set forth in the Pricing Attachment.
Ratcheting, i.e., a pricing mechanism that involves billing a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible lor adjustment of charges under such provisions.
Frontier may exclude its performance in connection with the
provisioning of commingled facilities and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
Limitation on Section 16.1. Section 16.1 is intended only to address
the Parties' rights and obligations as to combining and/or commingling
of UNEs that Frontier is already required to provide to Native Network
Native Network lD Comp v4 062416 120
16.2
Native Network lD Comp v4 062416
under the Agreement and the Federal Unbundling Rules. Nothing
contained in Section 16.1 shall be deemed to limit any right of Frontier
under the Agreement to cease providing a facility that is or becomes a
Discontinued Facility.
Service Eligibility Criteria for Certain Combinations and Commingled Facilities
and Services. Subject to the conditions set forth in Sections 1 and 16.1 of this
Attachment:
16.2.1 Frontier shall not be obligated to provide:
16.2.1.1 an unbundled DS1 Loop in combination with unbundled
DS1 or DS3 Dedicated Transport, or commingled with DS1
or DS3 access services;
16.2.1.2 an unbundled DS3 Loop in combination with unbundled
DS3 Dedicated Transport, or commingled with DS3 access
services;
16.2.1.3 unbundled DSI Dedicated Transport commingled with DS1
channel termination access service;
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1
channel termination access service; or
1 6.2.1 .5 unbundled DS3 Dedicated Transport commingled with DS3
channel term ination service,
(individually and collectively "High Capacity EELs") except to the extent
Frontier is required by the Federal Unbundling Rules to do so, and then
not unless and until Native Network, using an ASR, certifies to Frontier
that each combined or commingled DS1 circuit or DS1 equivalent circuit
of a High Capacity EEL satisfies each of the service eligibility criteria on
a circuit-by-circuit basis as set forth in 47 C.F.R. S 51 .318. Native
Network must remain in compliance with said service eligibility criteria for
so long as Native Network continues to receive the aforementioned
combined or commingled facilities and/or services from Frontier and
Native Network shall immediately notify Frontier at such time as a
certification ceases to be accurate. The service eligibility criteria shall be
applied to each combined or commingled DSl circuit or DS1 equivalent
circuit of a High Capacity EEL. lf any combined or commingled DS1
circuit or DS1 equivalent circuit of a High Capacity EEL is, becomes, or
is subsequently determined to be, noncompliant, the noncompliant High
Capacity EEL circuit will be treated as described in Section 16.2.2 below.
The foregoing shall apply whether the High Capacity EEL circuits in
question are being provisioned to establish a new circuit or to convert an
existing wholesale service, or any part thereof, to unbundled network
elements. For existing High Capacity EEL circuits, Native Network,
within thirty (30) days ol the Etfective Date to the extent it has not
already done so prior to the Effective Date of this Agreement, must re-
certify, using an ASR, that each DSI circuit or DSI equivalent circuit
satisfies the service eligibility criteria on a circuit-by-circuit basis as set
lorth in 47 C.F.R. S 51 .31 8. Any existing High Capacity EEL circuits that
Native Network leased from Frontier as of the Etfective Date of this
Agreement that Native Network fails to re-certify as required by this
Section by the end of such 30-day period shall be treated as a non-
compliant circuit as described under Section 16.2.2 below effective as of
121
't6.2.2
16.2.3
16.2.4
16.2.5
16.3
16.2.6 All requests for conversions will be handled in accordance with
Frontier's conversion guidelines. Each request will be handled as a
project and will be excluded from all ordering and provisioning metrics
Once per calendar year, Frontier may obtain and pay for an independent auditor
to audit Native Network's compliance in all material respects with the service
eligibility criteria applicable to High Capacity EELs. Any such audit shall be
performed in accordance with the standards established by the American
lnstitute for Certified Public Accountants, and may include, at Frontier's
discretion, the examination of a sample selected in accordance with the
independent auditor's judgment. To the extent the independent auditor's report
concludes that Native Network failed to comply with the service eligibility criteria,
the Effective Date of this Agreement.
Without limiting any other right Frontier may have to cease providing
circuits that are or become Discontinued Facilities, if a High Capacity
EEL circuit is or becomes noncompliant as described in this Section
16.2 and Native Network has not submitted an LSR or ASR, as
appropriate, to Frontier requesting disconnection of the noncompliant
facility and has not separately secured from Frontier an alternative
arrangement to replace the noncompliant High Capacity EEL circuit,
then Frontier, to the extent it has not already done so prior to
execution of this Agreement, shall reprice the subject High Capacity
EEL circuit (or portion thereof that had been previously billed at UNE
rates), effective beginning on the date on which the circuit became
non-compliant by application of a new rate (or, in Frontier's sole
discretion, by application of a surcharge to an existing rate) to be
equivalent to an analogous access service or other analogous
arrangement that Frontier shall identify in a written notice to Native
Network.
Each certification to be provided by Native Network pursuant to
Section 16.2.1 above must contain the following information for each
DS1 circuit or DSl equivalent: (a) the local number assigned to each
DS1 circuit or DS1 equivalent; (b) the local numbers assigned to each
DS3 circuit (must have 28 local numbers assigned to it); (c) the date
each circuit was established in the 911/E-911 database; (d) the
collocation termination connecting facility assignment for each circuit,
showing that the collocation arrangement was established pursuant to
47 U.S.C. $ 251(c)(6), and not under a federal collocation tariff; (e) the
interconnection trunk circuit identification number that serves each
DSl circuit. There must be one such identification number per every
24 DS1 circuits; and (f) the local switch that serves each DS1 circuit.
When submitting an ASR for a circuit, this information must be
contained in the Remarks section of the ASR, unless provisions are
made to populate other fields on the ASR to capture this information.
The charges for conversions are as specified in the Pricing Attachment
and apply for each circuit converted.
All ASR-driven conversion requests will result in a change in circuit
identification (circuit lD) from access to UNE or UNE to access. lf
such change in circuit lD requires that the affected circuit(s) be
retagged, then a retag fee per circuit will apply as specified in the
Pricing Attachment.
Native Network lD Comp v4 062416 122
then (without limiting Frontier's rights under Section 16.2.2 above) Native
Network must convert all noncompliant circuits to the appropriate service, true up
any difference in payments, make the correct payments on a going-forward
basis, and reimburse Frontier for the cost of the independent auditor within thirty
(30) days after receiving a statement of such costs from Frontier. Should the
independent auditor confirm Native Network's compliance with the service
eligibility criteria, then Native Network shall provide to the independent auditor for
its verification a statement of Native Network's out-of-pocket costs of complying
with any requests of the independent auditor, and Frontier shall, within thirty (30)
days of the date on which Native Network submits such costs to the auditor,
reimburse Native Network for its out-of-pocket costs verified by the auditor.
Native Network shall maintain records adequate to support its compliance with
the service eligibility criteria for each DS1 or DS1 equivalent circuit for at least
eighteen (18) months after the service arrangement in question is terminated.
17. Routine Network Modifications
17.1 General Conditions. ln accordance with, but only to the extent required by, the
Federal Unbundling Rules, and subject to the conditions set forth in Section 'l of
this Attachment:
't7.1.1 Frontier shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by Native Network to the Loop, Dedicated Transport, or
Dark Fiber Transport facilities available under the Agreement
(including DS1 Loops and DS1 Dedicated Transport, and DS3 Loops
and DS3 Dedicated Transport), where the lacility has already been
constructed. Routine network modifications applicable to Loops or
Transport are those modifications that Frontier regularly undertakes for
its own Customers and may include, but are not limited to:
rearranging or splicing of in-place cable at existing splice points;
adding an equipment case; adding a doubler or repeater; installing a
repeater shelf; deploying a new multiplexer or reconfiguring an existing
multiplexer; accessing manholes; and deploying bucket trucks to reach
aerial cable. Routine network modifications applicable to Dark Fiber
Transport are those modifications that Frontier regularly undertakes for
its own Customers and may include, but are not limited to, splicing of
in-place dark fiber at existing splice points; accessing manholes;
deploying bucket trucks to reach aerial cable; and routine activities, if
any, needed to enable Native Network to light a Dark Fiber Transport
facility that it has obtained from Frontier under the Agreement.
Frontier shall not be obligated to provide optronics for the purpose ol
lighting Dark Fiber Transport. Routine network modifications do not
include the construction of a new Loop or new Transport facilities,
trenching, the pulling of cable, the installation of new aerial, buried, or
underground cable for a requesting telecommunications carrier, the
placement of new cable, securing permits or rights-of-way, or
constructing and/or placing new manholes or conduits. Frontier shall
not be required to build any time division multiplexing (TDM) capability
into new packet-based networks or into existing packet-based
networks that do not already have TDM capability. Frontier shall not
be required to perform any routine network modifications to any facility
that is or becomes a Discontinued Facility.
17.2 Performance Plans. Frontier may exclude its performance in connection with the
provisioning of Loops or Transport (including Dark Fiber Transport) for which
Native Network lD Comp v4 062416 't23
routine network modifications are performed from standard provisioning intervals
and performance measures and remedies, if any, contained in the Agreement or
elsewhere.
17.3 Nothing contained in this Section 17 shall be deemed: (a) to establish any
obligation of Frontier to provide on an unbundled basis under the Federal
Unbundling Rules any facility that this Agreement does not otherwise require
Frontier to provide on an unbundled basis under the Federal Unbundling Rules,
(b) to obligate Frontier to provide on an unbundled basis under the Federal
Unbundling Rules, for any period of time not required under the Federal
Unbundling Rules, access to any Discontinued Facility, or (c) to limit any right of
Frontier under the Agreement, any Frontier Tariff or SGAT, or otherwise, to
cease providing a Discontinued Facility.
18.Rates and Charges
The rates and charges for UNEs, Combinations, Commingling, routine network
modifications, and other services, facilities and arrangements, offered under this
Attachment shall be as provided in this Attachment and the Pricing Attachment.
19. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Etfective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with Native Network reasonable terms and conditions
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Native Network lD Comp v4 042416 124
COLLOCATION ATTACH M ENT
1.Frontier's Provision of Collocation
Frontier shall provide to Native Network, in accordance with this Agreement, Frontier's
applicable federal and state Taritfs and the requirements of Applicable Law, Collocation
for the purpose of facilitating Native Network's interconnection with Frontier under 47
U.S.C. $ 251(cX2) or access to Unbundled Network Elements of Frontier; provided, that
notwithstanding any other provision of this Agreement or a Tariff, Frontier shall be
obligated to provide Collocation to Native Network only to the extent required by
Applicable Law and may decline to provide Collocation to Native Network 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 Taritf 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 Native Network to obtain unbundled access to any network element (a) that
Frontier is not required to unbundle under 47 U.S.C. S 251(cXg) or (b) that Frontier is not
required to unbundle under 47 C.F.R. Part 51.
Because the Commission rejected Frontier's Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29,2000, Frontier shall provide Collocation according to the
following terms and conditions in the State of ldaho on an interim basis only untilsuch
time as the Commission's decision is reversed and Frontier's Collocation Tariff Advice
No. 00-05 is permitted to go into effect or until such time as Frontier files another
Collocation Tariff in ldaho. At such time as the Commission's decision is reversed and
Frontier's Collocation Tariff Advice No. 00-05 is permitted to go into effect or at such time
as there is a Frontier Collocation Tariff on file with the Commission, and subject to the
foregoing, the following terms and conditions will be rendered ineffectual, and Frontier
shall provide Collocation to Native Network in accordance with the terms and conditions
set forth in Frontier's Collocation Tariff, and Frontier shall do so regardless of whether or
not such terms and conditions are effective.
Section 1 of this Collocation Attachment ("Attachmenf'), in conjunction with the rest of
this Agreement, set lorth the terms and conditions under which Frontier shall provide
Collocation services to Native Network. Collocation provides for access to Frontier's
"premises", for the purpose of interconnection and/or access to Unbundled Network
Elements (UNEs). For the purposes of this Attachment, "premises" is defined to include
Frontier's central offices, serving Wire Centers, and all other buildings or similar
structures owned, leased, or otherwise controlled by Frontier that house Frontier's
network facilities. Collocation at Frontier's Wire Centers and access tandems shall be
accomplished through caged, cageless, virtual or microwave service offerings, as
described below, except if not practical for technical reasons or due to space limitations.
ln such event, Frontier shall provide adjacent Collocation or other methods of Collocation,
subject to space availability and technical feasibility. ln accordance with, but only to the
extent required by Applicable Law, Frontier shall also offer rates, terms and conditions for
Collocation services that are not expressly addressed in this Attachment or Frontier
Tariffs on an individualcase basis.
1.1 Tvpes of Collocation.
1.1.1 Sinole Caoed. A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caged floor space to
house its equipment within Frontier premises.
Native Network lD Comp v4 062416 125
1.1.2
1.1.3
Shared Caoed. A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more CLECs within a Frontier premise. When two or more
CLECs request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating CLECs must agree to be the host CLEC (HC)
and the other(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Frontier for the
exchange of traffic with Frontier and/or to access unbundled network
elements. Frontier will not issue separate billing for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Frontier will provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC willbe responsible for ordering their own
unbundled network elements from Frontier. Frontier will separately bill
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s) are Frontier's customers and have allthe rights and
obligations applicable hereunder to CLECs purchasing Collocation-
related services, including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment will apply to shared
caged Collocation requirements.
Subleased Caoed. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third party(s) for
the purpose of interconnection and/or for access to UNEs in Frontier
premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third party(s) pursuant to terms and
conditions agreed to by the CLEC and the third party(s) involved. The
CLEC and third party(s) must each be interconnected to Frontier for
the exchange of tratfic with Frontier andlor to access unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Frontier will not issue separate
billing for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
party(s). The CLEC will be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
party(s). Each CLEC and third party will be responsible for ordering
their own unbundled network elements from Frontier. Frontier will
separately bill the CLEC and third party/parties for unbundled network
elements ordered. The CLEC and third party(s) are Frontier's
customers and have all the rights and obligations applicable hereunder
to CLECs purchasing Collocation-related services, including, without
limitation, the obligation to pay all applicable charges, whether or not
the CLEC is reimbursed for all or any portion of such charges by the
third party(s). All terms and conditions for caged Collocation as
described in this Attachment will apply to subleased caged Collocation
requirements.
Native Network lD Comp v4 062416 126
1.1.4
1.1.5
1.1.6
Caoeless. Cageless Collocation is a form of Collocation in which
CLECs can place their equipment in Frontier premises. A cageless
Collocation arrangement allows a CLEC, using Frontier approved
vendors, to installequipment in single bay increments in an area
designated by Frontier. The equipment location will be designated by
Frontier and will vary based on individual Frontier premise
configurations. CLEC equipment will not share the same equipment
bays with Frontier equipment.
Adiacent. An adjacent Collocation arrangement permits a CLEC to
construct or procure a structure on Frontier property for Collocation for
the purposes of interconnection and/or access to UNEs in accordance
with the terms and conditions of this Agreement. Adjacent Collocation
is only an option when the following conditions are met: (1) space is
legitimately exhausted in Frontier's premise for caged and cageless
Collocation; and (2) it is technically feasible to construct or procure a
hut or similar structure on Frontier property that adheres to local
building code, zoning requirements, and Frontier building standards.
Native Network is responsible for complying with all zoning
requirements, any federal, state or local regulations, ordinances and
laws, and obtaining allassociated permits. Frontier may, where
required, participate in the zoning approval and permit acquisitions.
Native Network may not take any action in establishing an adjacent
structure that will force Frontier to violate any zoning requirements or
any federal, state, or local regulations, ordinances, or laws.
Any construction by Native Network on Frontier property must comply
with Frontier's technical specifications as they relate to environmental
safety and grounding requirements. Frontier will make available power
and physical Collocation services to Native Network in the same non-
discriminatory manner as it provides itself for its own remote equipment
buildings (REBs).
Virtual. Under virtual Collocation, Frontier installs and maintains
Native Network provided equipment which is dedicated to the
exclusive use of the Native Network in a Collocation arrangement.
Additional details on virtual Collocation are set forth in Section 1.9.
Microwave. Physical Collocation of m icrowave transmission facilities
will be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides lor the interconnection of
Native Network or Frontier provided facilities, equipment and support
structures located in, on or above the exterior walls and roof of
Frontier premises. Additional details on microwave Collocation are set
forth in Section 1.10.
1.2
1.1.7
Orderino.
'1.2.1 Aoolication.
1.2.1.1 Point of Contact. Native Network must request Collocation
arrangements through Frontier's designated point of
contact. Completed applications lor Collocation must be
sent directly to Frontier's Collocation Project Manager at the
following address: Collocation Manager, Frontier, '1500
MacCorkle Ave., S.E. - Flm 100, Charleston, WV 25396,
Native N€twork lD Comp v4 062416 127
1.2.2
1.2.3
Email: wvcollocation @ftr.com. Additional information and
requirements regarding Collocation may be obtained from
Frontier's public website
https://wholesale.f rontier.com/wholesale/collocation-and-
licensing.
1.2.1.2 Aoolication Form/Fee. Native Network requesting
Collocation at a Frontier premise will be required to
complete the application form and submit the non-
refundable engineering fee set forth in the Pricing
Attachment, described in Section 1.5.1, for each Frontier
premise at which Collocation is requested. The application
form will require Native Network to provide all engineering,
floor space (where applicable), power, environmentaland
other requirements necessary for the function of the service.
Native Network will provide Frontier with specifications for
any non-standard or special requirements at the time of
application. Frontier reserves the right to assess the
customer any additional charges on an individual case basis
("lCB") associated with complying with the requirements.
Any such charges shall be noticed to Native Network.
Frontier will process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Frontier's receipt of
a completed application form and the non-refundable
engineering fee.
Soace Availabilitv. Subject to forecasting requirements, Frontier will
inform Native Network whether space is available to accommodate
Native Network's request within eight (8) Business Days after receipt
of a completed application. Frontier's response will be one of the
following:
1.2.2.1 There is space and Frontier will proceed with the
arrangement.
1.2.2.2 There is no space. Frontier will proceed as described in
Section 1.4.1.
1.2.2.3 There is no readily available space, however, Frontier will
determine whether space can be made available and will
notify Native Network within twenty (20) Business Days. At
the end of this period, Frontier will proceed as described in
1 .2.2.1 or'l .2.2.2 above.
Collocation Schedule. lf space is available, Frontier will provide to
Native Network a Collocation schedule describing Frontier's ability to
meet the physical Collocation request within eight (8) Business Days
after receipt of a completed application. Native Network shall have
nine (9) Business Days from receipt of a Frontier provided Collocation
schedule to pay 50o/o of the NRCs associated with the ordered
Collocation services.
lf the application is deficient, Frontier will specify in writing, within eight
(8) Business Days, the information that must be provided by Native
Network in order to complete the application. lf Native Network
resubmits a revised application curing any deficiencies in its original
Native Network lD Comp v4 062416 't28
't.2.4
1.2.5
application within ten (10) calendar days after being informed of them,
Native Network shall retain its position within the Collocation
application queue.
fintentionally Left Blank].
Auomentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to Native Network shall be considered an
augmentation request. An augmentation request will require the
submission of a complete application form and a non-refundable
engineering or minor augment fee. A minor augment fee may not be
required under the circumstances outlined below. The definition of a
major or minor augment is as follows:
1.2.5.1 Major augments of Collocation arrangements are those
requests that (a) require AC or DC power; (b) add
equipment that generates more BTU's of heat, or (c)
increase the floor space over what Native Network
requested in its original application. A complete application
and engineering fee willbe required when submitting a
request that requires a major augment.
1.2.5.2 Minor augments of Collocation arrangements will require
the submission of a complete application form and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what Native Network requested in its original
application. The requirements of a minor augment request
cannot exceed the capacity of the existing/proposed
electrical, power or HVAC system. Requests for additional
DSO, DS1, and DS3 facility terminations to access Frontier's
unbundled network elements are included as minor
augments, providing no additional transmission cables are
required.
Minor augments that require an augment fee are those
requests that require Frontier to perform a service or
function on behalf of Native Network including but not
limited to: installation of virtual equipment cards or software
upgrades, removal of virtual equipment, requests to pull
cable from exterior microwave facilities, and requests to
terminate DSO, DS1 and DS3 cables.
Minor augments that do not require a fee are those
augments performed solely by Native Network, that do not
require Frontier to provide a service or function on behalf of
Native Network, including but not limited to, requests to
install additional equipment in Native Network Collocation
space. Prior to the installation of the additional equipment,
Native Network agrees to provide Frontier an application
form with an updated equipment listing that includes the
new equipment to be installed in Native Network's
Collocation arrangement. Once the equipment list is
submitted to Frontier, Native Network may proceed with the
Native Network lD Comp v4 062416 't29
1.2.6
1.2.7
1.3 lnstallation and Ooeration.
1.3.1
augment. Native Network agrees that changes in
equipment provided by Native Network under this provision
will not exceed the engineering specifications for power and
HVAC as requested on original application. All augments
will be subject to Frontier inspection, in accordance with
term of this contract for the purpose of ensuring compliance
with Frontier safety standards.
Exoansion. Frontier will not be required to construct additional space
to provide for Native Network Collocation when available space has
been exhausted. Where Native Network seeks to expand its existing
Collocation space, Frontier shall make contiguous space available to
the extent possible; provided, however, Frontier does not guarantee
contiguous space to Native Network to expand its existing Collocation
space. Native Network requests for expansion of existing space within
a specific Frontier premise will require the submission of an application
form and the appropriate major augment fee.
Relocation. Native Network requests for relocation of the termination
equipment from one location to a different location within the same
Frontier premise will be handled on an ICB basis. Native Network will
be responsible for all costs associated with the relocation of its
equipment.
Joint Plannino and lmplementation Levels for Phvsical Collocation.
Frontier and Native Network shall work cooperatively in meeting the
standard implementation milestones and deliverables as determined
during the joint planning process. The physical (caged and cageless)
Collocation arrangement implementation interval is seventy-six (76)
Business Days for all standard arrangement requests which were
properly forecast six (6) months prior to the application date, subject to
the conditions set forth for forecasting and capacity. Major
construction obstacles or special Native Network requirements may
extend the interval by fifteen (15) Business Days, resulting in a ninety-
one (91)-Business Day interval.
1.3.1.1 The intervalfor Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1.3.1.4 as well as the conditions for lorecasting and
capacity, is forty{ive (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.1 .1.1 800 2 wire voice grade terminations, or
1.3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600line sharing/line splitting facilities, where line
sharing/splitting already exists within the central
office and where Native Network is eligible for
line sharing/line splitting, or
28 DS1 terminations, or
24 DSg terminations, or
Native Netuork lD Comp v4 062416
1.3.1.1.4
1.3.1.1.5
130
1.3.1.1.6
1.3.1 .1.7
12 fiber terminations, or
Conversion of 2 wire voice grade to 4 wire
(minimum 100- maximum 800), or
1.3.1.1.8 2feeds (1A and 1B) DC powerfused at 60 amps
or less, or
1.3.1 .1.9 DC Power as defined in 8 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 ol the following: a) 28 DS1
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations, Native Network must have
100o/o of all cables terminated to the existing
cross connects for the one additional item
selected and the in-service capacity of that
selection must be at 85% utilization or above
unless Native Network can demonstrate to
Frontier that: a) the previous two months trend
in growth would exceed 100o/o of the available
capacity by the end of the forty-five (45)
Business Day augment interval; or b) other good
cause or causes that Native Network cross
connect capacity may be exceeded by the end
of the forty-five (45) Business Day augment
interval.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard imflementation milestones will
apply, in Business Days, unless Frontier and Native
Network jointly decide otherwise:
1.3.1.3.1 Day l-Native Network submits completed
application and associated fee.
1.3.1.3.2 Day 8-Frontier notifies Native Network that
request can be accommodated and advises of
due date.
1.3.1.3.3 Day 17-Native Network notifies Frontier of its
intent to proceed and submits 50% payment.
1.3.1.3.4
1.3.1.3.5
1.3.1.3.6
Day 3fMaterial ships and is received at
vendor warehouse; Native Network provided
splitters delivered to vendor warehouse (Line
Sharing Option C only, and applicable only
where Native Network is eligible for line
sharing/line splitting).
Day 45-Augment (as defined herein)
completes.
Day TfFrontier and Native Network attend
Collocation acceptance meeting and Frontier
turns over the Collocation arrangement to Native
Native Network lD Comp v4 062416 131
1.3.1.4
1.3.1.5
Network. Day 76 also applies to completion of
other augments not defined herein.
The forty{ive (45) Business Day interval is subject to the
following requirements:
1.3.1.4.1 lnfrastructure to support the requested augment
must be in place (e.9., cable racking from
common area to distributing frames, relay racks
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
existing Battery Distribution Fuse Boards
(BDFBS).
1.3.1.4.2 The Native Network must install sufficient
equipment to support requested
term inations/f acilities.
1.3.1.4.3 ln large central offices with complex cable runs
(i.e., multiple floors), the Frontier may request to
negotiate extensions to the fofi{ive (45)
Business Day interval.
A preliminary schedule will be developed outlining major
milestones. Native Network and Frontier control various
interim milestones they must complete in order to meet the
overall intervals. The interval clock will stop, and the final
due date will be adjusted accordingly, for each milestone
Native Network misses (day for day). When Frontier
becomes aware of the possibility of vendor delays, Frontier
will first contact Native Network to attempt to negotiate a
new interval. lf Frontier and Native Network cannot agree,
the dispute will be submitted to the Commission for prompt
resolution. Frontier and Native Network shall conduct
additional joint planning meetings, as reasonably reguired,
to ensure that all known issues are discussed and to
address any that may impact the implementation process.
Frontier will permit Native Network to schedule one
escorted visit to Native Network's Collocation space during
construction. The applicable labor rates in the Pricing
Attachment will be applied for the escorted visit. ln the case
of extended intervals resulting from within Frontiefs controlor
resulting from vendor delalE, and proMded the necessary
security is in place, Frontier will permit Native Network access
to the Collocation arrangement to install equipment while the
delayed work is completed, so long as it is safe to do so and
Native Network's work does not impair or interfere witr
Frontier in completing Frontier's work. Prior to Native Network
beginning the installation of its equipment, Native Network
must sign a conditional acceptance of the Collocation
arrangement. lf Native Network elects to accept he space
prior to the scheduled completion, occupancy fees shall
commence upon signing a conditional acceptance of the space
by Native Network.
Native Network lD ComP v4 062416 132
1.3.1.6
1.3.1.7
'1.3.2 Forecastino and Use of Data.
1.3.2.1
'1.3.2.2
lntervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by Native
Network and Frontier.
Frontier will inform the Commission as soon as it knows it
will require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individualcase basis
based on negotiations with the site preparation vendo(s).
Frontier will use its best efforts to minimize the additional
time required to condition Collocation space, and will inform
Native Network of the time estimates as soon as possible.
Frontier will request forecasts from Native Network on a
semi-annual basis, with each forecast covering a two-year
period. Native Network will be required to update the near-
term (6-month) forecasted application dates. lnformation
requested will include central office, month applications are
expected to be sent, requested in-service month,
preference for virtual or physical (caged or cageless)
Collocation, square footage required (physical), high-level
list of equipment to be installed (virtual), and anticipated
splitter arrangements where Native Network is eligible for
line sharing/line splitting. For augments, Native Network
may elect to substitute alternative CLLI codes within a LATA
for the forecasted demand.
lf Frontier has a written guarantee of reimbursement, it will
examine forecasts for offices in which it is necessaryto
condition space, and discuss these forecasts with Native
Network to determine the required space to be conditioned. lf
Frontier commits to condition space based on forecasts and if
Native Network is assigned space, Native Network willgive
Frontier a non-refundable deposit equal to the application fee.
Frontier will perform inltial reviews of requested central offices
forecasted for the next six months to identify potential problem
sites. Frontier will consider forecasts in staffing decisions.
Frontier will enter into planning discussions with Native
Network to validate forecasts, discuss flexibility in potential
trouble areas, and assist in application preparation.
Unforecasted demand (including augments) will be given a
lesser priority than forecasted demand. Frontier will make
every attempt to meet standard intervals for unforecasted
requests. However, if unanticipated requests push demand
beyond Frontier's capacity limits, Frontier will negotiate
longer intervals as required (and within reason). ln general,
if forecasts are received less than two (2) months prior to
the application date, the interval start day may be
postponed as follows:
1.3.2.2.'l No forecast lnterval Start Date commences two
(2) months after application receipt date.
133Native Network lD Comp v4 062416
1.3.2.2.2
1.3.2.2.3
1.3.2.2.4
1.3.3 CollocationCapacitv.
1.3.3.1
1.3.3.2
1.3.4
1.3.5
Forecast received one (1) month or less prior to
application receipt date: lntervalStart Date
commences two (2) months after application
receipt date.
Forecast received greater than one (1) month
and less than two (2) months prior to application
receipt date: lnterval Start Date commences
one (1) month after application receipt date.
Forecast received two (2) months or more prior
to application receipt date: lnterval Start Date
commences on the application receipt date.
Any such interval adjustments will be discussed with Native
Network at the time the application is received.
Frontier's estimate of its present capacity (i.e., no more than
an increase ol 15o/o over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffing and
current vendor arrangements. lf the forecasts indicate
spikes in demand, Frontier will attempt to smooth the
demand via negotiations with the forecasting CLECs. lt
Frontier and Native Network failto agree to smooth
demand, Frontier will determine if additional expenditures
would be required to satisfy the spikes in demand and will
work with the Commission Staff to determine whether such
additional expenditure is warranted and to evaluate cost
recovery options.
lf Frontier augments its workforce based on Native Network
forecasts and if Native Network refuses to smooth demand
as described in Section 1.3.3.1, Native Network will be held
accountable for the accuracy of their forecasts.
Vendor Caoacitv. Frontier will continuously seek to improve vendor
performance for all premises work, including Collocation. Since the
vendors require notice in order to meet increases in demand, Frontier
willshare Native Network actualand forecasted demand with
appropriate vendors, as required, subject to the appropriate
conf identiality safeguards.
Resoonsibilitv for Vendor Delavs. No party shall be excused from their
obligations due to the acts or omissions of a Party's subcontractors,
material, person, suppliers or other third persons providing such
products or services to such Party unless such acts or omissions are
the product ol a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
'1.3.6 SoacePreoaration.
Native Neturork lD Comp v4 062416 134
1.3.6.1
1.3.6.2
1.3.6.3
Caoe Construction. For caged Collocation, Native Network
may construct the cage with a standard enclosure if they
are a Frontier approved contractor or Native Network may
subcontract this work to a Frontier approved contractor.
Site Selection/Power. Frontier shall designate the space
within its premise where Native Network shallcollocate its
equipment. Frontier will assign Collocation space to Native
Network in a just, reasonable, and nondiscriminatory
manner. Frontier will allow Native Network requesting
caged or cageless Collocation to submit space preferences
on the Application Form prior to assigning caged and
cageless Collocation space to Native Network. Frontier will
assign caged and cageless space in accordance with the
lollowing standards: (1) Native Network's Collocation costs
cannot be materially increased by the assignment; (2)
Native Network's occupation and use of Frontier's premises
cannot be materially delayed by the assignment; (3) The
assignment cannot impair the quality of service or impose
other limitations on the service Native Network wishes to
offer; and (4) The assignment cannot reduce unreasonably
the total space available for caged and cageless
Collocation, or preclude unreasonably, caged and cageless
Collocation within Frontier's premises.
Frontier may assign caged and cageless Collocation to
space separate from space housing Frontier's equipment,
provided that each of the following conditions is met (1)
Either legitimate security concerns, or operational
constraints unrelated to Frontier's or any of its affiliates' or
subsidiaries competitive concerns, warrant such separation;
(2) Any caged and cageless Collocation space assigned to
an affiliate or subsidiary of Frontier is separated from space
housing Frontier's equipment; (3) The separated space will
be available in the same time frame as, or a shorter time
frame than, non-separated space; (4) The cost of the
separated space to Native Network will not be materially
higher than the cost of non-separated space; and (5) The
separated space is comparable, from a technical and
engineering standpoint, to non-separated space.
Where applicable, Frontier shall provide, at the rates set
forth in the Pricing Attachment described in Section 1.5.1,
48V DC power with generator and/or battery back-up, heat,
air conditioning and other environmental support to Native
Network's equipment in the same standards and
parameters required for Frontier equipment within that
Frontier premise. Native Network may installAC
convenience outlets and overhead lighting if Native Network
is a Frontier approved contractor, or this work may be
subcontracted to a Frontier approved contractor.
DC Power. Frontier will provide DC power to the
Collocation arrangement as specified by Native Network in
its Collocation application. The Native Network will specify
the load on each feed and the size of the fuse to be placed
Native Netrrrotk lD Comp v4 062416 13s
1.3.6.4
1.3.6.5
1.3.6.6
1.3.6.7
on each feed. Native Network must order a minimum of ten
(10) load amps for each caged, cageless, and virtual
Collocation arrangement. Native Network may order
additional DC Power (beyond the minimum) in one (1) amp
increments. Charges for DC power will be applied based on
the total number of load amps ordered on each feed.
For example, if Native Network orders a total of 40 load
amps of DC power and an A and B feed, Native Network
could order 20 load amps on the A feed and 20 load amps
on the B feed. Frontier will permit Native Network to order a
fuse size up to 2.5 times the load amps ordered provided
that applicable law permits this practice. Thus, Native
Network could order that each feed be fused at 50 amps if
Native Network wants one feed to carry the entire load in
the event the other feed fails. Accordingly, Native Network
will be charged on the basis of the total number of load
amps ordered, i.e., 40 amps, and not based on the total
number of amps available for the fuse size ordered.
Native Network is responsible for engineering the power
consumption in its Collocation arrangements and therefore
must consider any special circumstances in determining the
fused capacity of each feed. Frontier will engineer the
power feeds to the Collocation arrangement in accordance
with industry standards based upon requirements ordered
by Native Network in its Collocation application. Any
subsequent orders to increase DC power load at a
Collocation arrangement must be submitted on a
Collocation application.
Frontier reserves the right to perform random inspections to
verify the actual power load being drawn by a Collocation
arrangement. At any time, without written notice, Frontier
may measure the DC power drawn at an arrangement by
monitoring Frontier's power distribution point. ln those
instances where Frontier needs access to the Collocation
arrangement to make these measurements, Frontier will
schedule a joint meeting with Native Network.
lf the inspection reveals that the power being drawn does
not exceed the total number of load amps ordered, no
further action will apply.
lf the inspection reveals that the power being drawn
exceeds the total number of load amps ordered but is within
the applicable buffer zone, as defined in Section 1.3.6.7.2,
that arrangement is subject to the following treatment:
1.3.6.7.1 Frontier will provide Native Network with written
notification, by certified US mail to the person
designated by Native Network to receive such
notice, that more power is being drawn than was
ordered. Within ten (10) Business Days of the
date of receipt of notification, Native Network
must reduce the power being drawn to match its
ordered load or revise its power requirement to
Native Netrirork lD ComP v4 062416 136
1.3.6.8
accommodate the additional power being drawn.
Frontier will accept a certification signed by a
representative of Native Network that power
consumption has been reduced to match the
ordered load. Failure to reduce the power being
drawn or submit a revised application within ten
(10) Business Days will result in an increase in
the amount of power being billed to the audited
load amount.
1.3.6.7.2 For a Collocation arrangement that has 100
amps or less fused, the buffer zone for the first
two violations during a consecutive twelve (12)
month period will be 'l2Oo/o ol load, as long as
the second violation is not for the same
Collocation arrangement as the first. For any
subsequent violations, or if the second violation
is for the same Collocation arrangement, and for
any violation where the Collocation arrangement
has more than 100 amps fused, the buffer zone
will be 1 10olo of load.
lf the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
1.3.6.8.1 Frontier will notify the person designated by
Native Network to receive such notice via
telephone or e-mail that Frontier will take a
second measurement no sooner than one (1)
hour and no later than two (2) days after the
initial inspection. Frontier will not wait for Native
Network or require it to be present during the
second inspection.
1.3.6.8.2 Additional Labor charges, as set forth in the
Pricing Attachment, apply for the cost
associated with performing this inspection.
1.3.6.8.3 Native Network may perform its own inspection
at Native Network's cage. Native Network is not
required to wait for Frontier or require it to be
present during Native Network test. Upon
request of Native Network, Frontier will send a
representative to accompany Native Network to
conduct a joint inspection at Native Network
cage at no charge to Native Network. Nothing
herein shall be construed to prohibit Native
Network from testing at its own cage. Native
Network will send the results of its own audit
measurements to Frontier if they are taken in
response to a notice of violation under this
section and if Native Network's measurements
differ from Frontier's.
Native Netr,vork lD Comp v4 062416 137
lf the second test also exceeds the applicable
buffer zone, Frontier will provide Native Network
with written notification, within ten (10)Business
Days, by certified U.S. mail to the person
designated by Native Network to receive such
notice that it has exceeded its ordered power.
The notification will include: (1) initials or
identifying number of Frontier technician(s) who
performed the inspection; (2) dates and times of
the inspections; (3)the make, model and type of
test equipment used; (4) the length of monitoring
and the results of the specific audit; (5) the total
load amps currently being billed; (6) how the test
was done; and (7) any other relevant information
or documents.
Frontier will maintain a file of results taken of
any inspections for two (2) years and such file
will be made available to Native Network that
was audited, upon request. Frontier will treat as
conlidential information the identity of CLECs
that it audits as well as the results of such
audits, unless it receives prior written consent of
the affected CLEC to disclose such information
or is required by Applicable Law to disclose such
information to a court or commission. The
foregoing does not preclude Frontier from
making the notice described in Section 1.3.6.8.6.
lf Native Network disagrees with the results of
the audit, Native Network willfirst notify Frontier.
Frontier and Native Network will make a good
faith effort to resolve the issue. lf the parties do
not resolve the issue, either party can invoke
dispute resolution processes set forth in this
Agreement. The dispute resolution process set
forth in this Agreement can be initiated by either
party after thirty (30) calendar days have
elapsed. This period commences: (1)ten (10)
Business Days from receipt of the notification, in
the case of violation within the buffer zone; or (2)
after Native Network has received notice of the
second test, in the case ol a violation over the
buffer zone.
With the notification required by Section
1.3.6.8.4, Frontier will also notify Native Network
that it must submit a non-scheduled attestation
of the power being drawn at each of its
remaining Collocation arrangements in the state.
Native Network must submit this non-scheduled
attestation within fitteen (15) Business Days of
the date of this notification. Failure to submit
this non-scheduled attestation will result in the
application of additional labor charges for any
subsequent DC power inspections Frontier
1.3.6.8.4
1.3.6.8.5
1.3.6.8.6
1.3.6.8.7
Nativo Network lD Comp v4 062416 138
1.3.6.9
performs prior to receipt of the next scheduled
attestation. Scheduled attestations are defined
in Section 1.3.6.11.
lf the inspection reveals that the power being drawn is
greater than the applicable buffer zone set forth in Section
1.3.6.7.2, then Native Network shall pay Frontier for
additional power, as wellas make separate and additional
payments to a charitable organization agreed upon by the
parties ("Charity'') in accordance with the following:
1.3.6.9.1 For the first such violation within the same
consecutive twelve (12) month period, Native
Network will be billed the audited load amount
for four (4) months. Native Network will make a
separate and additional payment to the Charity,
measured as the difference between the billing
of the fused capacity and the billing at the
audited load for four (4) months. Native Network
must send notice of its Charity payment to
Frontier within ten (10) calendar days of making
the payment.
1.3.6.9.2 For the second such violation within the same
consecutive twelve (12) month period, Native
Network will be billed the audited load amount
for five (5) months. Native Network will make a
separate and additional payment to the Charity,
measured as the difference between the billing
of the fused capacity and the billing at the
audited load for five (5) months. Native Network
must send notice of its Charity payment to
Frontier within ten (10) calendar days of making
the payment.
't.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, Native
Network will be billed the audited load amount
for six (6) months. Native Network will make a
separate and additional payment to the Charity,
measured as the ditference between the billing
of the fused capacity and the billing at the
audited load for six (6) months. Native Network
must send notice of its Charity payment to
Frontier within ten (10) calendar days of making
the payment.
1.3.6.9.4 For more than three (3) violations within the
same consecutive twelve (12) month period,
Frontier will bill Native Network at the fused
amount for a minimum of six (6) months and
continue to bill at the fused amount until an
updated attestation or augment specifying
revised power is received.
1.3.6.9.5 Frontier will notify Native Network that it is being
billed pursuant to this Section 1.3.6.9,
Native Network lD Comp v4 062416 139
designating the applicable number of months
and also calculating the payment owed to the
Charity, under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments will be self-
executing.
1.3.6.10 lf Native Network has requested a power augment under
which the audited amount would be within the augmented
load, plus the applicable buffer zone set forth in Section
1.3.6.7.2, and the augment is late due to the fault of
Frontier, the payments specified in Section 1.3.6.9 will not
be imposed and the parties will not count such an instance
for purposes of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, Native Network must submit a written statement
signed by a responsible officer of Native Network, which
attests that it is not exceeding the total load of power as
ordered in its Collocation applications. This attestation,
which must be received by Frontier no later than the last
day of June, shall individually list all of Native Network's
completed Collocation arrangements provided by Frontier in
the state. lf Native Network fails to submit this written
statement by the last day in June, Frontier will notify Native
Network in writing that it has thirty (30) calendar days to
submit its power attestation. Failure to submit the required
statement within the thirty (30) calendar day notice period
will result in the billing of DC power at each Collocation
arrangement to be increased to the total number of amps
fused until such time as Frontier receives the required
written statement by Native Network.
1.3.6.12 Whenever Frontier is required to perform work on a
Collocation arrangement as a result of Native Network's
order for a reduction in power requirements (e.9., change in
fuse size), Frontier will assess a non-recurring charge for
the additional labor. The non-recurring charge applies for
the first half hour (or fraction thereof) and for each additional
half hour (or fraction thereof) per technician, per occurrence
as shown in the Pricing Attachment.
1.3.6.13 lf Native Network orders a change in the power
configuration requiring new -48 volt DC power feeds to the
Collocation arrangement, Frontier will require an
engineering/major augment Fee with an application, as set
forth in the Pricing Attachment, subject to the terms and
conditions described in Section 1.2.5. ln addition, if Native
Network's order for a reduction in DC power triggers the
deployment of power cabling to a ditferent power
distribution point, the engineering/major augment fee as set
forth in the Pricing Attachment applies. Frontier will work
cooperatively with Native Network to configure the new
power distribution cables and disconnect the old ones.
1.3.7 Equioment and Facilities.
Native Netvwrk lD Comp v4 062416 ,IN
1.3.7.1
1.3.7.2
Purchase of Eouioment. Native Network will be responsible
for supply, purchase, delivery, installation and maintenance
of its equipment and equipment bay(s) in the Collocation
area. Frontier is not responsible for the design,
engineering, or performance of Native Network's equipment
and provided facilities for Collocation. Upon installation of
all transmission and power cables for Collocation services,
Native Network relinquishes all rights, title and ownership of
transmission (excluding fiber entrance facility cable) and
power cables to Frontier.
Permissible Eouipment. Frontier shall permit the
Collocation and use of any equipment necessary for
interconnection or access to unbundled network elements in
accordance with the following standards: (1) Equipment is
necessary for interconnection if an inability to deploy that
equipment would, as a practical, economic, or operational
matter, preclude Native Network from obtaining
interconnection with Frontier at a level equal in quality to
that which Frontier obtains within its own network or Frontier
provides to any of its affiliates, subsidiaries, or other parties;
and (2) Equipment is necessary for access to an unbundled
network element if an inability to deploy that equipment
would, as a practical, economic, or operational matter,
preclude Native Network from obtaining nondiscriminatory
access to that unbundled network element, including any of
its features, functions, or capabilities.
Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element
if and only if the primary purpose and function of the
equipment, as Native Network seeks to deploy it, meets
either or both of the standards set forth in the preceding
paragraph. For a piece of equipment to be utilized primarily
to obtain equal in quality interconnection or
nondiscriminatory access to one or more unbundled
network elements, there also must be a logical nexus
between the additional functions the equipment would
perform and the telecommunication services Native Network
seeks to provide to its customers by means of the
interconnection or unbundled network element. The
Collocation of those functions of the equipment that, as
stand-alone functions, do not meet either of the standards
set forth in the preceding paragraph must not cause the
equipment to significantly increase the burden on Frontier's
property.
Whenever Frontier objects to Collocation of equipment by
Native Network for purposes within the scope of Section
251(c)(6) of the Act, Frontier shall prove to the state
commission that the equipment is not necessary lor
interconnection or access to unbundled network elements
under the standards set forth above.
Native Network may place in its caged Collocation space
ancillary equipment such as cross connect frames, and
141Native Netlrlork lO Comp v4 062416
1.3.7.3
metalstorage cabinets. Metalstorage cabinets must meet
Frontier premise environmental standards.
Soecifications. Collocation facilities shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEC), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
Native Network entrance lacilities and splices must comply
with Telecordia Technologies' Generic Specification for
Optical Fiber and Optical Fiber Cable (TR-TSY-00020),
Cable Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General lnformation Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Frontier services or
facilities. Native Network designated and installed
equipment located within Frontier premises must comply
with the most recent issue, unless otherwise specified, of
Telecordia Technologies' Network Equipment Building
System (NEBS) Generic Equipment Requirements (GR-
CORE-63) as it pertains to safety requirements. This
equipment must also comply with the most current issue,
unless otherwise specified, of Frontier's Network Equipment
lnstallation Standards (Frontier lnformation Publication I P
72201) and Frontier's Central Off ice Engineering Standards
(Frontier lnformation Publication lP 72013\. Where a
difference in specification may exist, the more stringent
shall apply. lf there is a conflict between industry standards
and Frontier's technical specifications, Native Network and
Frontier will make a good faith effort to resolve the
difference. Native Network designated facilities shall not
physically, electronically or inductively interfere with the
facilities of Frontier, other CLEC(s), tenant(s) or any other
party. lf such interference occurs, Frontier may take action
as permitted under Section 1.8.
Native Network equipment must conform to the same
specific risk/safety/hazard standards which Frontier imposes
on its own central office equipment as defined in Frontier's
NEBS requirements HNSA-NEB-95-0003, Revision 10 or
higher. Native Network equipment is not required to meet
the same performance and reliability standards as Frontier
imposes on its own equipment as defined in Frontier's
HNSA-NEB-95-0003, Revision 10 or higher. ln addition,
Native Network may install equipment that has been
deployed by Frontier for five (5) years or more with a proven
safety record; however, this provision does not prohibit the
installation of equipment less than five years old, provided
the equipment meets the NEBS safety guidelines
referenced in this section prior to the time of deployment.
Frontier reserves the right to specify the type of cable,
equipment and construction standards required in situations
not otherwise covered in this Agreement. ln such cases,
Native Network lD Comp v4 062416 142
1.3.7.4
1.3.7.5
1.3.7.6
1.3.7.7
Frontier will, at its discretion, furnish to Native Network
written material which will specify and explain the required
construction.
Cable. Native Network is required to provide proper
cabling, based on circuit type (VF, DS0, xDSL, DS1, DS3,
etc.) to ensure adequate shielding and reduce the possibility
of interference. Native Network is responsible for providing
fire retardant riser cable that meets Frontier standards.
Frontier is responsible for placing Native Network's fire
retardant riser cable from the cable vault to the Collocation
space. Frontier is responsible for installing Native Network
provided fiber optic cable in the cable space or conduit from
the first manhole to the premises. This may be shared
conduit with dedicated inner duct. lf Native Network
provides its own fiber optic facility, then Native Network
shall be responsible for bringing its fiber optic cable to the
Frontier premise manhole. Native Network must leave
sutficient cable length for Frontier to be able to fully extend
such cable through to Native Network's Collocation space.
Manhole/Solicino Restrictions. Frontier reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. Native Network will not be permitted
to splice fiber optic cable in the first manhole outside of the
Frontier premise. Where Native Network is providing
underground fiber optic cable in Manhole #1, it must be of
sufficient length as specified by Frontier to be pulled
through the Frontier premise to Native Network's
Collocation space. Frontier is responsible for installing a
cable splice, if necessary, where Native Network provided
fiber optic cable meets Frontier standards within the Frontier
premise cable vault or designated splicing chamber.
Frontier will provide space and racking for the placement of
an approved secured fire retardant splice enclosure.
Access Points and Restrictions. Points of interconnection
and demarcation between Native Network's facilities and
Frontier's facilities will be designated by Frontier. This
point(s) will be a direct connection(s) to Native Network's
network. Frontier shall have the right to require Native
Network to terminate Collocation facilities onto a Point of
Termination (POT) Bay. Native Network must tag all
entrance facilities to indicate ownership. Native Network
will not be allowed access to Frontier's DSX line-ups, MDF
or any other Frontier facility termination points. Only
Frontier employees, agents or contractors will be allowed
access to the MDF, DSX, or fiber distribution panel to
terminate facilities, test connectivity, run jumpers and/or hot
patch in-service circuits.
Staoino Area. For caged and cageless Collocation
arrangements, Native Network shall have the right to use a
designated staging area, a portion of the Frontier premise
and loading areas, if available, on a temporary basis during
Native Network's equipment installation work in the
Native Network lD Comp v4062416 18
1.3.7.8
1.3.7.9
Collocation space. Native Network is responsible for
protecting Frontier's equipment Frontier premise walls and
flooring within the staging area and along the staging route
Native Network will meet all Frontier fire, safety, security
and environmental requirements. The temporary staging
area will be vacated and delivered to Frontier in an
acceptable condition upon completion of the installation
work. Native Network may also utilize a staging trailer,
which can be located on the exterior premises of Frontier
premise. Frontier may assess Native Network a market
value lease rate for the area occupied by the trailer.
Testinq. Upon installation of Native Network's equipment,
and with prior notice, Frontier and Native Network will
mutually agree to schedule a meeting prior to the turn-up
phase of the equipment to ensure proper functionality
between Native Network's equipment and the connections
to Frontier equipment. The time period for this to occur will
correspond to Frontier's maintenance window installation
requirements. lt is solely the responsibility of Native
Network to provide their own monitor and test points, if
required, for connection directly to its terminal equipment. lf
Native Network cannot attend the scheduled turn-up phase
meeting for any reason, Native Network must provide
Frontier with seventy-two (72) hours advanced written
notice prior to the scheduled meeting. lf Native Network
fails to attend the scheduled meeting without the advanced
written notification, Frontier reserves the right to charge
Native Network additional labor rates set forth in the Pricing
Attachment for subsequent turn-up meetings with Native
Network which are required to complete the turn-up phase
of the Collocation arrangement.
lnterconnection Between Collocated Soaces. Dedicated
Transit Service (DTS), which allows for interconnection
between Native Network and another CLEC, provides a
dedicated electrical or optical path between Collocation
arrangements (caged, cageless, and virtual) of the same or
of two different CLECs within the same Frontier premises,
using Frontier provided distribution facilities. DTS is
available for DS0, DS1, DS3, and dark fiber cross connects.
ln addition, Frontier will also provide other technically
feasible cross-connection arrangements, including lit fiber,
on an lndividualCase Basis (lCB) as requested by Native
Network and agreed to by Frontier. Frontier will offer DTS
to Native Network as long as such access is technically
feasible.
DTS is only available when both Collocation arrangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Frontier premises, provided that the collocated
equipment is used for interconnection with Frontier and/or for
access to the Frontie/s unbundled network elements. Frontier
shall provide such DTS connections from Native Network's
Collocation arrangement to another Collocation arrangement of
Native Network wthin the same Frontier premises, or to a
Native Network lD Comp v4062416 14
Collocation arrangement of another CLEC in the same Frontier
premises. DTS is provided at the same transmission level from
Native Network to another CLEC.
The DTS arrangement requires Native Network to provide
cable assignment information for itself as well as for the other
CLEC. Frontier will not make cable assignments for DTS.
Native Network is responsible for all DTS ordering, bill
payment, disconnect orders and maintenance transactions
and is the customer of record. When initiating a DTS request,
Native Network must submit an Access SeMce Flequest
(ASR) and a letter of agency from the CLEC it is connecting to
that authorizes the DTS connection and facility assignment.
DTS is provided on a negotiated intervalwith Native Network.
1.3.7.10 Ootical Facilitv Terminations. lf Native Network requests
access to unbundled dark fiber interoffice facilities, Native
Network may apply for a fiber optic patchcord connection(s)
between Frontier's fiber distribution panel (FDP) and Native
Network's collocated transmission equipment and facilities.
The fiber optic patchcord cross connect is limited in use
solely in conjunction with access to unbundled dark fiber
and Dedicated Transit Service.
1.3.7.11 Non-Comoliant lnstallations and Ooerations. lf at any time
Frontier reasonably determines that either Native Network's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment,
Native Network will be responsible for the costs associated
with the removal of equipment or modification of the
equipment or engineering and installation to render it
compliant. lf Native Network fails to correct any non-
compliance with these standards within thirty (30) days'
written notice to Native Network, Frontier may have the
equipment removed or the condition corrected at Native
Network expense. lf, during the installation phase, Frontier
reasonably determines that any Native Network designated
equipment is unsafe, non-standard or in violation of any
applicable fire, environmental, security, or other laws or
regulations, Frontier has the right to immediately stop the
work until the problem is corrected to Frontier's satisfaction.
However, when any of the above conditions poses an
immediate threat to the safety of Frontier employees,
interferes with the performance of Frontier's service
obligations, or poses an immediate threat to the physical
integrity of the overhead superstructure or any other
facilities of Frontier, Frontier may perform such work and/or
take such action that Frontier deems necessary without
prior notice to Native Network. The reasonable cost of said
work and/or actions shall be borne by Native Network.
Frontier reserves the right to remove products, facilities and
equipment from its list of approved products upon ninety
(90) days' notice to Native Network if such products,
facilities and equipment are determined to be no longer
compliant with NEBS safety standards. lf Native Network
Native Network lD Comp v4 062416 1,15
1.3.8
1.3.9
1.3.10
equipment poses an immediate salety threat, Native
Network shall remove the equipment immediately.
Access to Collocation Soace. Frontier will permit Native Network's
employees, agents, and contractors approved by Frontier to have
direct access to Native Network's caged and cageless Collocation
equipment twenty-four (24) hours a day, seven (7) days a week and
reasonable access to Frontier's restroom and parking facilities. Native
Network's employees, agents, or contractors must comply with the
policies and practices of Frontier pertaining to fire, safety, and security.
Frontier reserves the right, with twenty-f our (24) hours prior notice to
Native Network, to access Native Network's collocated partitioned
space to perform periodic inspections to ensure compliance with
Frontier installation, safety and security practices. Where Native
Network shares a common entrance to the Frontier premise with
Frontier, the reasonable use of shared building facilities, e.9.,
elevators, unrestricted corridors, etc., will be permitted. However,
Frontier reserves the right to permanently remove and/or deny access
from Frontier premises, any Native Network employee, agent, or
contractor who violates Frontier's policies, work rules, or business
conduct standards, or otherwise poses a security risk to Frontier.
Network Outaoe. Damaoe and Reportinq. Native Network shall be
responsible for: (a) any damage or network outage occurring as a
result of Native Network owned or Native Network designated
termination equipment in Frontier premise; (b) providing trouble report
status when requested; (c) providing a contact number that is readily
accessible twenty-four (24) hours a day, seven (7) days a week; (d)
notifying Frontier of significant outages which could impact or degrade
Frontier's switches and services and provide estimated clearing time
for restoral; and (e) testing its equipment to identify and clear a trouble
report when the trouble has been sectionalized (isolated) to Native
Network service.
Frontier will make every effort to contact Native Network in the event
Native Network equipment disrupts the network. lf Frontier is unable to
make contact with Native Network, Frontier shall temporarily
disconnect Native Network's service, as provided in Section 1.3.11.
Securitv Reouirements.
1.3.10.1 Securitv Measures. Native Network agrees that its
employees/vendors with access to Frontier premise shall at
all times adhere to the rules of conduct established by
Frontier for the Frontier premises and Frontier's personnel
and vendors. Frontier reserves the right to make changes
to such procedures and rules to preserve the integrity and
operation of Frontier's network or facilities or to comply with
applicable laws and regulations. Frontier will provide Native
Network with written notice of such changes. Where
applicable, Frontier will provide information to Native
Network on the specific type of security training required so
Native Network's employees can complete such training.
Native Network will maintain with Frontier a list of all Native
Network employees who are currently authorized by Native
Network to access its caged and cageless Collocation
Native Network lD Comp v40624'16 146
1.3.10.2
space and will include social security numbers of all such
individuals. Native Network will also maintain with Frontier
a list of its collocated-approved vendors and their social
security numbers who request access to caged and
cageless Collocation space. Only those individuals
approved by Frontier will be allowed access to Frontier
premises and caged and cageless Collocation space.
Where required by agencies of federal, state, or local
government, only individuals that are U.S. citizens will be
granted access. All Native Network personnel must obtain
and prominently display a valid non-employee Frontier
identification card. Former employees of Frontier will be
given access to Frontier premises by Native Network in
accordance with the Frontier's normal security procedures
applicable to any Vendo(s) or Contractor(s) on Frontier's
premises. Frontier reserves the right to revoke any
identification badge and/or access card of any Native
Network employee or agent found in violations of the terms
and conditions set forth herein.
Native Network must follow Frontier's security guidelines,
which are published on Frontier's web site. Frontier may
suspend a Native Network employee or agent from
Frontier's premises if his/her actions materially affect the
safety and/or integrity of Frontier's network or the safety of
Frontier or other Native Network employees/agents. Unless
Native Network employee or agent poses an immediate
threat to Frontier or other CLECS, Frontier will provide
Native Network with a written explanation of violations
committed by the Native Network employee or agent four
(4) Business Days prior to suspending Native Network
employee or agent from Frontier premises. Native Network
will have two (2) Business Days to respond to Frontier's
notification. Any such employee or agent may later be
allowed readmission to Frontier premises on mutually
agreeable terms. Nothing in this section, however, restricts
Frontier's authority to bar the Native Network employee or
agent from Frontier premises for violating Frontier's security
guidelines.
Securitv Standards. Frontier will be solely responsible for
determining the appropriate levelof security in each Frontier
premise. Frontier reserves the right to deny access to
Frontier buildings and/or outside facility structures for any
Native Network employee, agent or contractor who cannot
meet Frontier's established security standards. Employees,
agents or contractors of Native Network are required to
meet the same security requirements and adhere to the
same work rules that Frontier's employees and contractors
are required to follow. Frontier also reserves the right to
deny access to Frontier buildings and/or outside facility
structures for Native Network's employee, agent and
contractor for falsification of records, violation of fire, safety
or security practices and policies or other just cause. Native
Network employees, agents or contractors who meet
Frontier's established security standards will be provided
Native Net\ ork lD Comp v4 062416 147
1.3.10.3
access to Native Network's caged and cageless Collocation
equipment 24 hours a day, seven days a week and
reasonable access to Frontier's restroom facilities. lf Native
Network employees, agents or contractors request and are
granted access to other areas of Frontier's premises, a
Frontier employee, agent or contractor may accompany and
observe Native Network employee(s), agent(s) or
contractor(s) at no cost to Native Network. Frontier may
use reasonable security measures to protect its equipment,
including, for example, enclosing its equipment in its own
cage or other separation, utilizing monitored card reader
systems, digital security cameras, badges with
computerized tracking systems, identification swipe cards,
keyed access and/or logs, as deemed appropriate by
Frontier.
Frontier may require Native Network employees and
contractors to use a central or separate entrance to
Frontier's premises, provided, however, that where Frontier
requires that Native Network employees or contractors
access collocated equipment only through a separate
entrance, employees and contractors of Frontier's affiliates
and subsidiaries will be subject to the same restriction.
Frontier may construct or require the construction of a
separate entrance to access caged and cageless
Collocation space, provided that each of the following
conditions is met: (i) Construction of a separate entrance is
technically feasible; (ii) Either legitimate security concerns,
or operational constraints unrelated to the incumbent's or
any of its affiliates' or subsidiaries competitive concerns,
warrant such separation; (iii) Construction of a separate
entrance will not artificially delay Collocation provisioning;
and (iv) Construction of a separate entrance will not
materially increase Native Network's Collocation costs.
Access Cards/ldentification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for Native Network for each Frontier premise for
the purpose of installation, maintenance and repair of
Native Network's caged and cageless Collocation
equipment. All Native Network employees, agents and
contractors requesting access to the Frontier premise are
required to have a photo identification card, which identifies
the person by name and the name of Native Network. The
lD must be worn on the individual's exterior clothing while
on or at Frontier premises. Frontier will provide Native
Network with instructions and necessary access cards or
keys to obtain access to Frontier premises. Native Network
is required to immediately notify Frontier by the most
expeditious means, when any Native Network's employee,
agent or contractor with access privileges to Frontier
premises is no longer in its employ, or when keys, access
cards or other means of obtaining access to Frontier
premises are lost, stolen or not returned by an employee,
agent or contractor no longer in its employ. Native Network
Native Network lD Comp v4 062416 1,18
1.3.11
'1.4 SoaceReouirements.
1.4.1
is responsible for the immediate retrieval and return to
Frontier of all keys, access cards or other means of
obtaining access to Frontier premises upon termination of
employment of Native Network's employee and/or
termination of service. Native Network shall be responsible
for the replacement cost of keys, access cards or other
means of obtaining access when lost, stolen or failure of
Native Network or Native Network's employee, agent or
contractor to return to Frontier.
Emeroencv Access. Native Network is responsible for providing a
contact number that is readily accessible 24 hours a day,7 days a
week. Native Network will provide access to its Collocation space at
all times to allow Frontier to react to emergencies, to maintain the
building operating systems (where applicable and necessary) and to
ensure compliance with OSHA/Frontier regulations and standards
related to fire, safety, health and environment safeguards. Frontier will
attempt to notify Native Network in advance of any such emergency
access. lf advance notification is not possible Frontier will provide
notification of any such entry to Native Network as soon as possible
following the entry, indicating the reasons for the entry and any actions
taken which might impact Native Network's facilities or equipment and
its ability to provide service. Frontier will restrict access to Native
Network's Collocation space to persons necessary to handle such an
emergency. The emergency provisioning and restoration of
interconnection service shall be in accordance with Part 64, Subpart
D, Paragraph 64.401, of the FCC's Rules and Begulations, which
specifies the priority for such activities. Frontier reserves the right,
without prior notice, to access Native Network's Collocation space in
an emergency, such as fire or other unsafe conditions, or for purposes
of averting any threat of harm imposed by Native Network or Native
Network's equipment upon the operation of Frontier's or another
CLEC's equipment, facilities and/or employees located outside Native
Network's Collocation space. Frontier will notify Native Network as
soon as possible when such an event has occurred. ln case of a
Frontier work stoppage, Native Network's employees, contractors or
agents will comply with the emergency operation procedures
established by Frontier. Such emergency procedures should not
directly affect Native Network's access to its premises, or ability to
provide service. Native Network will notify Frontier point of contact of
any work stoppages by Native Network employees.
Soace Availabilitv. lf Frontier is unable to accommodate caged and
cageless Collocation requests at a Frontier premise due to space
limitations or other technical reasons, Frontier will post a list of all such
sites on its website and will update the list within ten (10) calendar
days of the date at which a Frontier premise runs out of caged and
cageless Collocation space. This information will be listed at the
following public lnternet URL:
https ://wholesale.f rontier.com/docs/wholesaledocs/closed-otf ice-
list.pdf?sfursn=4. Where Frontier has denied caged and cageless
Collocation requests at a Frontier premise due to space limitations or
other technical reasons, Frontier shall: (a) submit to the state
commission, subject to any protective order as the state may deem
Native Network lD Comp v4 062416 149
1.4.2
1.4.3
1.4.4
necessary, detailed floor plans or diagrams of the Frontier premise
which show what space, if any, Frontier or any of its affiliates has
reserved for future use; and describe in detail, the specific future uses
for which the space has been reserved and the length of time for each
reservation; and (b) allow Native Network to tour the entire premises of
the Frontier premise, without charge, within ten (10) calendar days of
the tour request.
Minimum/Maximum/Additional Space. The standard sizes of caged
Collocation space will be increments of 100 square feet unless
mutually agreed to otherwise by Frontier and Native Network. The
minimum amount of floor space available to Native Network at the time
of the initial application will be twenty{ive (25) square feet of caged
Collocation space or one (1) single bay in the case of cageless
Collocation. The maximum amount of space available in a specitic
Frontier premise to Native Network will be limited to the amount of
existing suitable space which is technically feasible to support the
Collocation arrangement requested. Existing suitable space is defined
as available space in a Frontier premise that does not require the
addition of AC/DC power, heat and air conditioning, battery and/or
generator back-up power and other requirements necessary for
provisioning Collocation services. Additional space to provide for
caged, cageless and/or adjacent Collocation will be provided on a per
request basis, where available. Additionalspace can be requested by
Native Network by completing and submitting a new application form
and the applicable non-refundable engineering fee set forth in the
Pricing Attachment. Frontier will not be required to lease additional
space when available space has been exhausted.
Use of Soace. Frontier and Native Network will work cooperatively to
determine proper space requirements, and efficient use of space. ln
addition to other applicable requirements set forth in this Agreement,
Native Network shall install all its equipment within its designated area
in contiguous line-ups in order to optimize the utilization of space
within Frontier's premises. Native Network shall use the Collocation
space solely for the purposes of installing, maintaining and operating
Native Network's equipment to interconnect for the exchange of traffic
with Frontier and/or for purposes of accessing UNEs. Native Network
shall not construct improvements or make alterations or repairs to the
Collocation space without the prior written approval of Frontier. The
Collocation space may not be used for administrative purposes and
may not be used as Native Network's employee(s) work location,
office or retail space, or storage. The Collocation space shall not be
used as Native Network's mailing or shipping address.
Reservation of Soace. Frontier reserves the right to manage its
Frontier premise conduit requirements and to reserve vacant space for
planned facility. Frontier will retain and reserve a limited amount of
vacant floor space within its Frontier premises for its own specific
future uses on terms no more favorable than applicable to other
CLECs seeking to reserve Collocation space for their own future use.
lf the remaining vacant floor space within a Frontier premise is
reserved for Frontier's own specific future use, the Frontier premise
will be exempt from future caged and cageless Collocation requests.
Native Network shall not be permitted to reserve Frontier premise
cable space or conduit system. lf new conduit is required, Frontier will
Native Network lD Comp v4 062416 150
1.4.5
1.4.6
1.5 Pricino.
negotiate with Native Network to determine an alternative arrangement
for the specific location. Native Network will be allowed to reserve
Collocation space for its caged/cageless arrangements based on
Native Networks documented forecast provided Frontier and subject to
space availability. Such forecast must demonstrate a legitimate need
to reserve the space for use on terms no more favorable than
applicable to Frontier seeking to reserve vacant space for its own
specific use. Cageless Collocation bays may not be used solely for
the purpose of storing Native Network equipment.
Collocation Soace Report. Upon request by Native Network and upon
Native Network signing a Collocation nondisclosure agreement,
Frontier will make available a Collocation space report with the
following information for the Frontier premise requested:
1.4.5.1 Detailed description and amount of caged and cageless
Collocation space available;
1.4.5.2 Number of telecommunications carriers with existing
Collocation arrangements;
1.4.5.3 Modifications of the use of space since the last Collocation
space report requested; and,
1.4.5.4 Measures being taken, if any, to make additional
Collocation spaces available.
The Collocation space report is not required prior to the submission of
a Collocation application for a specific Frontier premise in order to
determine Collocation space availability for the Frontier premise. The
Collocation space report will be provided to Native Network within ten
(10) calendar days of the request provided the request is submitted
during the ordinary course of business. A Collocation space report fee
contained in the Pricing Attachment will be assessed per request and
per Frontier premise.
Reclamation. When initiating an application form, Native Network
must have started installing equipment approved for Collocation at
Frontier premise within a reasonable period of time, not to exceed
sixty (60) calendar days from the date Native Network accepts the
Collocation arrangement. lf Native Network does not utilize its
Collocation space within the established time period, and has not met
the space reservation requirements of Section 1.4.41o the extent
applicable, Frontier may reclaim the unused Collocation space to
accommodate another CLEC's request or Frontier's future space
requirements. Frontier shall have the right, for good cause shown,
and upon sixty (60) calendar days' notice, to reclaim any Collocation
space, cable space or conduit space in order to fulfill its obligation
under public service law and its Taritfs to provide telecommunication
services to its Customers. ln such cases, Frontier will reimburse
Native Network for reasonable direct costs and expenses in
connection with such reclamation. Frontier will make every
reasonable effort to find other alternatives before attempting to reclaim
any such space. Native Network may seek Commission relief from
reclamation within ten (10) Business Days of being notified.
Native Network lD Comp v4 062416 151
1.5.1
1.5.2
1.5.3
1.6.1
1.6.2
1.6 Liabilitvandlndemnification.
ln addition to their other respective indemnification and liability obligations set
forth in this Agreement, each party shall meet the following obligations. To the
extent that this provision conflicts with any other provision in this Agreement, this
provision shall control. The fact that a provision appears in another part of the
Agreement but not in this Attachment, or in this Attachment and not in another
part of the Agreement, shall not be interpreted as, or deemed grounds for finding,
a conflict.
Rate Sheet. The rates for Frontier's Collocation services provided
pursuant to this Agreement are set forth in the Pricing Attachment only
to the extent that there are no corresponding rates in an applicable
Frontier Collocation Tariff that has been filed with the Commission and
become effective. ll there is a Frontier Collocation Tariff that has been
filed with the Commission and become effective, the rates in such
Tariff shall apply and the rates set forth in the Pricing Attachment shall
not apply.
Subsequent to the execution of this Agreement, Frontier also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shall supersede and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as othenruise required by legal
requirements.
Billinq and Pavment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges will be billed to
Native Network when Frontier provides Native Network access to the
caged, cageless or adjacent Collocation arrangement or completes
installation of the virtual Collocation arrangement and shall be payable
in accordance with applicable established payment deadlines.
No liability shall attach to Frontier for damages arising from errors,
mistakes, omissions, interruptions, or delays of Frontier, its agents,
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terminating, or changing the service or facilities
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilities) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by Native Network or by any others, for damages associated with
the installation, provision, termination, maintenance, repair or
restoration of service, Frontier's liability, if any, shall not exceed an
amount equal to the proportionate charge for the service by Frontier
for the service for the period during which service was affected.
Frontier shall not be liable for any act or omission of any other party
furnishing a portion of service used in connection with the services
herein.
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1.6.3
1.6.4
1.6.5
1.6.6
1.6.7
1.6.8
1.6.9
1.6.10
Frontier is not liable for damages to Native Network premises resulting
from the furnishing of service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by
Frontier's gross negligence or willful misconduct.
Frontier shall be indemnified, defended and held harmless by Native
Network and/or its end user against any claim, loss or damage arising
from the use of services offered under this Attachment, involving:
1.6.4.1 All claims, including but not limited to injuries to persons or
property from voltages or currents, arising out of any act or
omission of Native Network or its end user in connection
with facilities provided by Frontier, Native Network, or the
end user; or
1.6.4.2 Frontier shall not be liable to Native Network or its
customers in connection with the provision or use of the
services provided under this Attachment for indirect,
incidental, consequential, reliance or special damages,
including (without limitation) damages for lost profits,
regardless of the form of action, whether in contract,
indemnity, warranty, strict liability, or tort, including (without
limitation) negligence of any kind, even if Frontier has been
advised of the possibility of such loss or damage.
Frontier does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. Frontier shall be
indemnified, defended and held harmless by Native Network from any
and all claims by any person relating to Native Network's use of
services so provided.
No license under patents (other than the limited license to use) is
granted by Frontier or shall be implied or arise by estoppel, with
respect to any service offered under this Attachment.
Frontier's failure to provide or maintain services under this Attachment
shall be excused by labor difficulties, governmentalorders, civil
commotions, criminal actions taken against Frontier, acts of God and
other circumstances beyond Frontier's reasonable control.
Frontier shall not be liable for any act or omission of any other entity
furnishing to Native Network facilities, equipment, or services used in
conjunction with the services provided under this Attachment. Nor
shall Frontier be liable for any damages or losses due to unauthorized
use of the services or the failure or negligence of Native Network or
Native Network end user, or due to the failure of equipment, facilities,
or services provided by Native Network or its end user.
Neither party shall be liable to the other or to any third party for any
physical damage to each other's facilities or equipment within the
central office, unless caused by the gross negligence or willful
misconduct of the party's agents or employees.
Native Network shall indemnify, defend and save harmless Frontier
from and against any and all losses, claims, demands, causes of
action and costs, including attorney's fees, whether suffered, made,
instituted or asserted by Native Network or by any other party or
Native Network lO Comp v4 062416 153
1.6.11
1.6.12
1.6.13
person for damages to property and injury or death to persons,
including payments made under any worker's compensation law or
under any plan for employees' disability and death benefits, which may
arise out of or be caused by the installation, maintenance, repair,
replacement, presence, use or removal of Native Network's equipment
or facilities or by their proximity to the equipment or facilities or all
parties occupying space within or on the exterior of Frontier's central
office(s), or by any act or omission of Frontier, its employees, agents,
former or striking employees, or contractors, in connection therewith,
unless caused by gross negligence or willful misconduct on the part of
Frontier. These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
Frontier shall indemnify, defend and save harmless Native Network
from and against any and all losses, claims, demands, causes of action
and costs, including attorneys' fees, whether suffered, made, instituted
or asserted by Frontier or by any other party or person for damages to
property and injury or death to persons, including payments made
under any worker's compensation law or under any plan for employees'
disability and death benefits, which may arise out of or be caused by
Frontier's provision of service within or on the exterior of the central
office of by an act or omission of Native Network, its employees,
agents, former or striking employees, or contractors, in connection
therewith, unless caused by gross negligence or willful misconduct on
the part of Native Network.
Native Network shallindemnify, defend and save harmless Frontier
from and against any and all losses, claims, demands, causes of
action, damages and costs, including but not limited to attorney's fees
and damages costs, and expense of relocating conduit systems
resulting from loss of right-of-way or property owner consents, which
may arise out of or be caused by the presence, in, or the occupancy of
the central office by Native Network, and/or acts by Native Network, its
employees, agents or contractors.
Native Network shall indemnify, defend, and hold harmless Frontier, its
directors, officers and employees, servants, agents, affiliates and
parent, from and against any and all claims, cost, expense or liability
of any kind, including but not limited to reasonable attorney's fees,
arising out of or relating to Native Network installation and operation of
its facilities or equipment within the multiplexing node, roof space and
transmitter space.
Native Network represents, warrants and covenants that it shall
comply with all applicable federal, state or local law, ordinance, rule or
regulations, including but not limited to, any applicable environmental,
fire, OSHA or zoning laws. Native Network shall indemnify, defend,
and hold harmless Frontier, its directors, otficers and employees,
servants, agents, afliliates and parent, from and against any and all
claims, cost, expense or liability of any kind including but not limited to
fines or penalties arising out of any breach of the foregoing by Native
Network, its directors, officers, employees, servants, agents, affiliates
and parent. These provisions shall survive the termination,
cancellation, modification or rescission of the Agreement for at least
18 months from the date of the termination.
Native Network lD Comp v4 062416 1U
1.6.14
1 .6.15
1.7 Casualtv.
1.7.1
Frontier represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
the central otfice, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Frontier shall indemnify,
defend, and hold harmless Native Network, its directors, officers,
employees, agents or contractors, from and against any and all claims,
cost, expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Frontier, its
directors, officers and employees, servants, agents, affiliates and
parent.
Frontier and Native Network shall each be responsible for all persons
under their control or aegis working in compliance herewith,
satisfactorily, and in harmony with all others working in or on the
exterior of the central office and, as appropriate, cable space.
lf the Collocation equipment location or any part thereof is damaged
by fire or other casualty, Native Network shall give immediate notice
thereof to Frontier. The terms and conditions of this Attachment shall
remain in full force and effect with the following modifications:
1.7.1.1 lf the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty caused by Frontier, the damages thereto
shall be repaired by and at the expense of Frontier. Non-
recurring and monthly recurring charges, until such repair is
substantially completed, shall be apportioned from the day
following the casualty according to the part of the
Collocation equipment location which is usable. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
lf Frontier elects to restore the Collocation equipment
location, Frontier shall inform Native Network of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
to Native Network as soon as possible. Frontier shall make
repairs and restorations with all reasonable expedition
subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Frontier's reasonable
control.
1.7.1.2 lf the Collocation equipment location or any part thereof is
totally damaged or rendered wholly unusable by fire or other
casualty caused by Frontier, then applicable non-recurring
and monthly recurring charges shallbe proportionately paid
up to the time of the casualty and thenceforth shall cease
untilthe date when the Collocation equipment location shall
have been repaired and restored by Frontier. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
lf Frontier elects to restore the Collocation equipment
location, Frontier shall inform Native Network of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and will work in good faith to restore service
Native Netuork lD Comp v4 062416 155
1.7.2
1.7.3
1.7.4
to Native Network as soon as possible. Frontier shall make
repairs and restorations with all reasonable expedition
subject to delays due to adjustment of insurance claims,
labor troubles and causes beyond Frontier's reasonable
control.
1.7.1.3 lf the Collocation equipment location or any part thereof is
partially damaged or rendered partially unusable by fire or
other casualty through no fault of Frontier or Native
Network, then the applicable non-recurring and monthly
recurring charges shall be proportionately paid up to the
time of the casualty and thenceforth shall cease until the
date when the Collocation equipment location shall have
been repaired and restored. Any repair or restoration work
undertaken by Native Network in its Collocation
arrangement must be done by a Frontier-approved
contractor and must be approved in advance by Frontier.
Frontier reserves the right to discontinue Native Network's
Collocation equipment location or any part thereof under the
conditions specified in 1.8.2.
1.7.1.4 lf the Collocation equipment location or any part thereof is
totally damaged, rendered wholly unusable, partially
damaged or rendered partially unusable by fire or other
casualty caused by Native Network, the liability and
indemnification provisions of this Attachment shall apply
and Frontier may terminate Native Network Collocation
arrangement immediately.
lf the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of Native Network, or (whether or not
the demised premises are damaged in whole or in part) if the building
shall be so damaged that Frontier shall decide to demolish it or to
rebuild it, then, in any of such events, Frontier may elect to discontinue
Native Network Collocation equipment location or any part thereof. ln
this event, Frontier will provide Native Network with written notification
within ninety (90) days after such fire or casualty specifying a date for
discontinuance. The date of discontinuance shall not be more than
sixty (60) days after the issuance of such notice to Native Network.
Native Network must vacate the premises by the date specified in the
notice, Frontier's rights against Native Network under this Attachment
prior to such discontinuance and any applicable non-recurring and
monthly recurring charges owing shall be paid up to the date of
discontinuance. Any payments of monthly recurring charges made by
Native Network, which were on account of any period subsequent to
such date shall be returned to Native Network.
After any such casualty and upon request by Frontier, Native Network
shall remove from the Collocation equipment location and other
associated space, as promptly as reasonably possible, all of Native
Network salvageable inventory and movable equipment, furniture and
other property.
ln the event non-recurring and/or recurring charges were suspended
pursuant to 1.8.1, Native Network liability for applicable non-recurring
and monthly recurring charges shall resume either upon occupancy by
Native Network or thirty (30) days after written notice from Frontier that
Native Network lD Comp v4 062416 156
the Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
Nothing contained in these provisions shall relieve Native Network
from liability that may exist as a result of damage from fire or other
casualty.
Each party shall look first to any insurance in its favor before making
any claim against the other party for recovery for loss or damage
resulting from fire or other casualty, and to the extent that such
insurance is in fullforce and collectible and to the extent permitted by
law, Frontier and Native Network each will release and waive all right
of recovery against the other or any one claiming through or under
each of them by way of subrogation or otherwise. The release and
waiver shall be in force only if both releasers' insurance policies
contain a clause providing that such release or waiver shall not
invalidate the insurance and also, provided that such a policy can be
obtained without additional premiums.
Frontier will not carry insurance on the Native Network furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by Native Network and therefore will not be
obligated to repair any damage thereto or be obligated to replace the
same.
1.8 lmolementation and Termination of Service.
1.8.1 lmolementation of Collocation Charoes. Frontier shall provide Native
Network with a notice ("Scheduled Completion Notice") indicating the
scheduled completion date ("Scheduled Completion Date") for the
Collocation arrangement. Frontier shall also provide a notice that will
remind Native Network of the Scheduled Completion Date and will
request Native Network to schedule and attend a "Collocation
Acceptance Meeting" ("CAM'). Collocation charges will be
implemented in accordance with this section regardless of the
readiness of Native Network to utilize the completed Collocation
arrangement.
1.8.1.1 Collection of Non-Recurrino Charoes. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. Native Network shall pay
the balance of the NRCs ('NRC Balance') upon Native
Network acceptance of the Collocation arrangement or thirty
(30) calendar days after the Collocation arrangement is
completed, whichever comes first.
1.8.1.2 Commencement of Recurrino Charqes. Monthly recurring
charges will commence upon CLEC acceptance of the
Collocation arrangement or thirty (30) calendar days after
the Collocation arrangement is completed, whichever
comes first ("Commencement Date"), and shall continue
until terminated pursuant to Section 1.8).
1.8.1.3 Extension Reouest. A CLEC may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangement for up to six (6) months. A CLEC electing to
Native Network lD Comp v4 0624'to 't57
1.7.5
1.7.6
1.7.7
1.8.2
extend the Scheduled Completion Date of a Collocation
arrangement must notify Frontier in writing ("Extension
Notice") within thirty (30) calendar days after receiving the
Scheduled Completion Notice. ln order for Frontier to delay
billing of monthly recurring charges for the applicable
Collocation arrangement, Native Network must remit the
NRC Balance to Frontier for the Collocation arrangement
with the Extension Notice. Monthly recurring charges will
not be billed by Frontier until the space for the Collocation
arrangement is accepted by Native Network or the six (6)
month extension period has expired, whichever comes first.
At any time during or after the extension period, if Native
Network terminates its Collocation arrangement, the
termination shall be governed by Section 1.8.4.
lf Frontier ascertains the space for the Collocation
arrangement is needed to satisfy another CLEC's
Collocation request prior to the end of the six (6) month
extension period, Frontier will notify Native Network that its
Collocation space has been requested by another CLEC.
Native Network will have up to five (5) Business Days after
the notification to retain the Gollocation space by notifying
Frontier in writing that it desires to keep the space
("Retention Notice"). lf Native Network retains the
Collocation space, monthly recurring charges shall
commence for Native Network thirty (30) calendar days after
Native Network sends the Retention Notice or when Native
Network accepts the space, whichever comes first.
Grounds for Termination bv Frontier. Failure by Native Network to
comply with the terms and conditions of this Attachment, including
nonpayment of rates and charges, may result in termination of
Collocation service. ln addition to the other grounds for termination of
Collocation services set forth herein, Frontier reseryes the right to
terminate such services upon thirty (30) calendar days notice in the
event Native Network: (a) is not in conlormance with provisions of this
Attachment or other Company standards and requirements; and/or (b)
imposes continued disruption and threat of harm to Company
employees and/or network, or Frontier's ability to provide service to
other CLECS.
Frontier also reserves the right to terminate such services, without prior
notice, in the event Native Network's Collocation arrangement imposes
emergency conditions, such as fire or other unsafe conditions, upon
the operation of Frontier's equipment and facilities or to Company
employees located outside Native Network's Collocation space.
Frontier reserves the right to inspect Native Network's Collocation
arrangement to determine if sufficient DC Power and/or facility
terminations are being used to maintain interconnection ancUor access
to unbundled network elements. lf Frontier determines that the
Collocation arrangement is not being used for interconnection and/or
access to unbundled network elements (from, for example, insufficient
DC Power and/or facility terminations), Frontier reserves the right to
terminate Native Network's Collocation service upon thirty (30)
calendar days notice.
Native Network lD Comp v4 062416 158
1,8.3
Effective date of Native Network termination on
or between Days 1 to 15, Native Network owes
2Oo/o ol non-recurring charges.
Etfective date of Native Network termination on
or between Days 16 to 30, Native Network owes
4Oo/o ol non-recurring charges.
lf Frontier elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
Termination bv CLEC. Native Network must notify Frontier in writing
of its plans to terminate a Collocation arrangement ('CLEC
Termination Notice"), and such Native Network termination shall be
governed by this Section.
1.8.3.1 Termination After Comoletion. lf Native Network elects to
terminate an existing Collocation arrangement after a
Collocation arrangement has been completed, the
termination will be etfective thirty (30) calendar days after
Frontier's receipt of Native Network Termination Notice. lf
CLEC terminates a Collocation arrangement under this
section, the termination shall be governed by Section 1.8.4
and Native Network remains responsible to pay any unpaid
NFICs associated with the terminated arrangement as set
forth in Section 1.8.1. lf the Collocation arrangement being
terminated contains equipment in which a third party
maintains an ownership or a security interest, Native
Network shall include a list of any such owners and secured
parties in Native Network Termination Notice.
1.8.3.2 Termination Prior to Comoletion. lf Native Network elects to
terminate a request for Collocation when construction is in
progress and prior to completion of the Collocation
arrangement, the termination will be effective upon
Frontier's receipt of Native Network Termination Notice. For
all non-recurring charges associated with providing the
Collocation arrangement, Native Network will be billed and
is responsible for payment of non-recurring charges in
accordance with the following (for the purposes of this
section, the number of "Days" refers to Business Days
measured from Frontier's receipt of a complete application
from Native Network):
1.8.3.2.1
1.8.3.2.2
1.8.3.2.3 Effective date of Native Network termination on
or between Days 31 to 45, Native Network owes
60% of non-recurring charges.
1.8.3.2.4 Effective date of Native Network termination on
or between Days 46 to 60, Native Network owes
80o/o of non-recurring charges.
1.8.3.2.5 Effective date of Native Network termination
after Day 60, Native Network owes 100% of
non-recurring charges.
Native Netlrcrk lD Comp v4 062416 159
1.8.4
lf after applying these percentages to NRCs already paid by
Native Network, any refunds are due Native Network, such
refunds shall be applied first as a credit to any accounts with
balances owed by Native Network to Frontier, with any
remaining refund amount issued to Native Network.
Engineering/major augment fees submitted with the
application will not be refunded. Native Network
Termination Notice must be received by Frontier prior to the
Scheduled Completion Date to avoid incurring any monthly
recurring charges.
Effects of Termination. lf Frontier or Native Network terminates a
Collocation arrangement under the terms and conditions of this
Attachment, the following provisions shall apply:
1.8.4.1 Equipment Removaland Monthly Recurring Charges.
Native Network shall disconnect and remove its equipment
from the designated Collocation space by the effective date
of the termination. Upon removal by Native Network of all
its equipment from the Collocation space, if Native Network
does not restore the Collocation space to its original
condition at time of occupancy, Native Network will
reimburse Frontier for the cost to do so. Due to physical
and technical constraints, removal of Native Network
entrance facility cable will be at Frontier's option. Native
Network shall reimburse Frontier for all costs Frontier incurs
to decommission DC Power and transmission cable
terminations previously applied for by Native Network.
Frontier reserves the right to remove Native Network's
equipment if Native Network fails to remove and dispose of
the equipment by the effective date of the termination.
Native Network will be charged the appropriate additional
labor charge in the Pricing Attachment for the removal and
disposalof such equipment. All monthly recurring charges
will continue to be charged to Native Network until the
effective date of the termination or, at Frontier discretion,
until any later date up to the date that all equipment is
removed and the Collocation space is restored to its original
condition at space turnover.
1.8.4.2 Refund of Non-Recurring Charges. lf Frontier or Native
Network has terminated a Collocation arrangement
pursuant to Sections 1.8.2 and 1.8.3 and Native Network
("original CLEC') has paid a non-recurring charge(s) for an
asset in a Collocation arrangement, and is succeeded by
another CLEC who uses the same asset ("subsequent
CLEC'), Native Network will receive a refund from Frontier
for the remaining undepreciated amount of the asset upon
occupancy by the subsequent CLEC up to the applicable
non-recurring charges paid by the subsequent CLEC. lf
Frontier uses an asset for which Native Network paid a non-
recurring charge, Frontier will make a pro rata refund of
such paid non-recurring charges to Native Network. For
purposes of calculating prorated refunds to Native Network,
Frontier will use the economic life of the asset. Any refunds
issued pursuant to this section shall be applied first as a
Native Net\,\ork lD ComP v4 062416 160
credit to any accounts with balances owed by Native
Network to Frontier, and any remaining refund amount will
be issued to Native Network. Engineering/major augment
fees submitted with the application and any other paid non-
recurring charges not associated with the asset will not be
refunded.
1.8.5 Closure. Decommissionino or Sale of Premises. Collocation
arrangements will automatically terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Frontier's network facilities. At least one hundred
eighty (180) days written notice willbe given to Native Network of
events which may lead to the automatic termination of any such
arrangement pursuant to the terms and conditions of this Attachment,
except when extraordinary circumstances require a shorter interval. ln
such cases, Frontier will provide notice to Native Network as soon as
practicable. Frontier will work with Native Network to identify alternate
Collocation arrangements. Frontier will work cooperatively with Native
Network to minimize any potential for service interruption resulting
from such actions.
1.8.6 Miscellaneous. Frontier retains ownership of Frontier premise floor
space, adjacent land and equipment used to provide allforms of
Collocation. Frontier reserves for itself and its successors and
assignees, the right to utilize the Frontier premises' space in such a
manner as will best enable it to fulfill Frontier's service requirements.
Native Network does not receive, as a result of entering into a
Collocation arrangement hereunder, any right, title or interest in
Frontier's premise facility, the multiplexing node, multiplexing node
enclosure, cable, cable space, cable racking, vault space or conduit
space other than as expressly provided herein. To the extent that
Native Network requires use of a Frontier local exchange line, Native
Network must order a business local exchange access line (B1).
Native Network may not use Frontier official lines.
1.9 VirtualCollocation.
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Attachment shall apply to virtual Collocation.
1.9.1 Descriotion. Under virtual Collocation, Frontier installs and maintains
Native Network provided equipment, which is dedicated to the
exclusive use of Native Network in a Collocation arrangement. Native
Network provides fiber-optic facilities through Frontier entrance
manholes for connection to Native Network virtually collocated
transmission equipment that provides interconnection to Frontier
facilities located in the premises.
The physical point of interface for connection to the virtual arrangement
is referred to as manhole zero. From this manhole into the premises,
Frontier shall assume ownership of and maintain the fiber. From this
manhole toward Native Network's location, the fiber optic cable
remains Native Network's responsibility, with Native Network
performing allservicing and maintaining full ownership. lf Native
Network is purchasing Frontier provided unbundled interotfice facilities
as transport, Native Network entrance fiber is not required. All
elements/services shall be connected to the output cables of the virtual
Nativo Network lD Comp v4 062416 161
1.9.2
1.9.3
1.9.4
Collocation arrangement using Frontier designated cable assignments,
not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
lf Native Network requests virtual Collocation of equipment other than
the standard virtual arrangement, Native Network and Frontier will
mutually agree upon the type of equipment to be virtually collocated.
lmolementation lntervals and Plannino. Frontier and Native Network
shall work cooperatively to jointly plan the implementation milestones.
Frontier and Native Network shall work cooperatively in meeting those
milestones and deliverables as determined during the joint planning
process. A preliminary schedule will be developed outlining major
milestones including anticipated delivery dates for the Native Network-
provided transmission equipment and for training.
Frontier will notify Native Network of issues or unanticipated delays, as
they become known. Frontier and Native Network shall conduct
additionaljoint planning meetings, as reasonably required, to ensure all
known issues are discussed and to address any that may impact the
implementation process. Planning meetings shall include
establishment of schedule, identification of tests to be performed, spare
plug-in/card requirements, test equipment, and determination of the
f inal imflementation schedule.
The implementation interval is 76 Business Days for all standard
arrangement requests which were properly forecast six months prior to
the application dates subject to the provisions in this Attachment
governing forecasting and capacity. Native Network shall deliver the
virtual Collocation equipment to Frontier premises by Business Day
forty (40). Frontier and Native Network shall work cooperatively to
schedule each site on a priority-based order. Frontier and Native
Network shall mutually agree upon intervals for non-standard
arrangements.
Transmission Failure. Native Network shall be responsible for
monitoring and reporting signal loss to Frontier. ln the event of a
transmission failure, Native Network shall be responsible for initial
trouble isolation as set forth in Section 1.9.9, regardless of whether the
fiber span is equipped with optical regeneration equipment.
Accommodations. Upon receipt of a completed application and
associated virtual engineering fee, Frontier will conduct an application
review, engineering review and site survey at the requested premises.
Frontier will notify Native Network within eight (8) Business Days of the
results of this review and site survey.
The dedicated terminalequipment inside Frontier's premises shall be
provided by Native Network and leased to Frontier for the sum of one
dollar after successful installation and equipment testing by Frontier.
The term of the operating lease will run for the duration of the virtual
Collocation arrangement, at which time Native Network will remove the
equipment. Native Network will retain ownership of this equipment
Native Network lD Comp v4 062416 162
1.9.5
inside the premises. Frontier will operate and maintain exclusive
control over this equipment inside the premises.
Where Frontier uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, Native Network may hire
the same approved contractors directly for installation, maintenance or
repair of Native Network designated equipment.
Where Frontier does not use contractors, Native Network designated
equipment and Native Network provided facilities used in the provision
of virtual Collocation will be installed, maintained and repaired by
Frontier. Frontier will maintain and repair Native Network designated
equipment under the same timeframe and standards as its own
equipment.
Native Network personnel are not allowed on Frontier premises to
maintain and repair on virtual Collocation equipment.
Frontier shall monitor local premises and environmental alarms to
support the equipment. Frontier will notify Native Network if a local
office alarm detects an equipment affecting condition.
Frontier will be responsible to pull the fiber into and through the cable
entrance facility (i.e., vault) to the virtual Collocation arrangement. All
installations into the cable entrance facility are performed by Frontier
personnel or its agents.
No virtual Collocation arrangement will be placed in service by Frontier
until necessary training has been completed (refer to Section 1.9.1 1).
Pluo-ins and Spare Cards. When a plug-in/card is determined by
Frontier to be defective, Frontier will label the plug-in as defective and
place it in Native Network-dedicated plug-in/card storage cabinet.
Native Network will be notified as the plug-in/card is replaced.
Frontier will not provide spare plug-ins/cards under any circumstances,
nor is Frontier responsible for Native Network's failure to replace
defective plug-ins/cards. Frontier shall not be held responsible if
Native Network provides an inadequate supply of plug-ins/cards.
Frontier will segregate and secure Native Network-provided
maintenance spares in Native Network-provided spare plug-in/card
cabinet.
Native Network shall provide the shop-wired piece of equipment fully
pre-equipped with working plug-ins/cards. ln addition, Native Network
shall provide Frontier with maintenance spares for each plug-in/card
type. The number of maintenance spares shall be the manufacturer's
recommended amount, unless otherwise mutually agreed by Frontier
and Native Network, provided however, that in no event shall the
number of spare plug-ins/cards be less than two of each type. These
spares must be tested by Native Network prior to delivery to Frontier.
ln addition to maintenance spares, Native Network will also provide any
unique tools or test equipment required to maintain, turn-up, or repair
the equipment.
Native Network lD Comp v4 062416 163
1.9.6
Upon receiving notification from Frontier that a plug-in/card has been
replaced, Native Network is then responsible to contact the Frontier
operations manager to arrange exchange and replacement of the plug-
in/card. Exchanged, pre-tested spares shall be provided within one
week of replacement of a defective plug-in/card.
Subject to premise space availability, Native Network shall have the
option of providing a stand-alone spare plug-in/card cabinet(s) or a
rack-mountable spare plug-in/card cabinet(s), to Frontier's
specification, to house the spare plug-ins/cards. The spare plug-
in/card cabinet(s) and minimum number of maintenance spares must
be provided before the virtualCollocation arrangement is completed
and service is established.
The amount of spare plug-ins/cards required will be based on the
manufacturer's recom m ended amount, unless otherwise m utually
agreed by Frontier and Native Network.
Safetv and Technical Standards. Frontier reserves all rights to
terminate, modify or reconfigure the provision of service to Native
Network if, in the discretion of Frontier, provision of service to Native
Network may in any way interfere with or adversely affect Frontier's
network or its ability to service other CLECS.
All Native Network equipment to be installed in Frontier premises must
fully comply with the GR - 000063 - CORE, GR - 1089 - CORE and
Frontier's premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environm ental, and network safeguards.
It is Native Network's responsibility to demonstrate and provide to
Frontier adequate documentation from an accredited source certifying
compliance. Native Network equipment must conform to the same
specific risUsafety/hazard standards which Frontier imposes on its own
premises equipment as defined in RNSA - NEB - 95 - 0003, Revision
10 or higher.
Native Network equipment is not required to meet the same
performance and reliability standards as Frontier imposes on its own
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher. Native Network may install equipment that has been deployed
by Frontier for five years or more with a proven safety record.
All Native Network's entrance facilities and splices must comply with
TR - TSY- 00020, TR - NWT- 001058, BR - 760 - 200 - 030 and
SR - TAP - 001421 as they relate to fire, safety, health, environmental
safeguards and interference with Frontier's services and facilities.
Such requirements include, but are not limited to the following: (1) The
fibers must be single mode; (2) The fiber optic units must be of loose
tube (12 fibers) or ribbon (12 fibers) design; (3) The fiber cable must be
marked according to the cable marking requirements in GR - 20 -
CORE, Section 6.2.'l - a; (a) The fiber must be identified according to
the fiber and unit identification (color codes) in GR - 20 - CORE,
Section 6.2.5; (5) Unless otherwise mutually agreed, the outer cable
jacket shall consist of a polyethylene resin, carbon black, and suitable
antioxidant system; and (6) Silica fibers shall be fusible with a
Native Network lD Comp v4062416 1il
1.9.7
1.9.8
1.9.9
1.9.10
commercially available fusion splice(s) that is commonly used for this
operation.
Control Over Premises-Based Eouipment. Frontier exercises
exclusive physical control over the premises-based transmission
equipment that terminates Native Network's circuits and provides the
installation, maintenance, and repair services necessary to assure
proper operation of the virtually collocated facilities and equipment.
Such work will be performed by Frontier under the direction of Native
Network.
Removal of Eouioment. Frontier reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilities and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 - CORE.
lnstallation and Trouble Resolution. Frontier will process and prioritize
the trouble ticket in the same manner it does for its own equipment,
including the dispatch of a technician to the equipment. The
technician will contact Native Network at the number provided and
service the equipment as instructed and directed by Native Network.
Placement. Removaland Monitorino of Facilities and Equioment.
From manhole zero toward Native Network's location the fiber optic
cable remains Native Network's responsibility, with Native Network
performing all servicing and maintaining full ownership.
Native Network has the responsibility to remotely monitor and control
their circuits terminating in Frontier's premises, however, Native
Network will not enter Frontier's premises under virtual Collocation
arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by Native Network. A clear distinction must be made by
Native Network when submitting reports of troubles on Frontier
services/elements connected to the virtually collocated equipment and
reports of troubles with the collocated equipment. The former can be
handled using Frontier technicians and standard processes. The latter
will require specially trained technicians familiar with the collocated
equipment (refer to Section 1.9.11).
When Native Network isolates a trouble and determines that a Frontier
technician should be dispatched to the equipment location for a
servicing procedure, Native Network shall enter a trouble ticket with
Frontier. Native Network shall provide standard trouble information,
including the virtual Collocation arrangement's circuit identification,
nature of the activity request, and the name and telephone number of
Native Network's technician/contact.
Responses to all equipment servicing needs will be at Native Network's
direction. Maintenance will not be performed without Native Network's
direct instruction and authorization.
lf Native Network is providing its own transport fiber for the virtual
Collocation arrangement, Native Network will arrange placement of the
liber into manhole zero with enough length (as designated by Frontier)
to reach the virtualCollocation arrangement.
Native Netuork lD Comp v4 062416 165
1.9.11
1.9.12
Native Network lD Comp v4 062416
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by Native Network. Frontier technicians will perform the
instructed activities on the equipment as specifically directed by Native
Network.
Native Network shall provide, own, and operate the terminal equipment
at their site outside Frontier's premises.
Use of Non-Standard Eouioment. When Native Network requests a
virtual Collocation arrangement consisting of equipment which Frontier
does not use in its network nor has deployed in that particular premise
to provide service to itself or another CLEC, Native Network shall be
responsible for training 50o/o, but no fewer than five, of Frontier
technicians in the administrative work unit responsible for servicing the
equipment. Any special tools or electronic test sets that Frontier does
not have at the premises involved must be provided by Native Network
with adequate manufacturer's training.
Native Network is responsible to arrange and pay all costs (including
but not limited to transportation and lodging for Frontier technicians) to
have Frontier technicians professionally trained by appropriate trainers
certified on the specific equipment to be used to provide the virtual
Collocation arrangement to Native Network. Native Network shall also
pay for Frontier technicians' time subject to rates contained in the
Pricing Attachment. When travelis required, travel expenses
associated with training will be charged to Native Network based on
ticket stubs and/or receipts. This includes paying for mileage
according to the IRS rates for personal car mileage or airfare, as
appropriate Native Network also has the option of arranging and paying
for alltravel expenses for Frontier technicians directly.
ln the event of an equipment upgrade, Native Network must provide
secondary training subject to the provisions contained herein.
Additions and Rearranqements. Once Native Network has established
a virtual Collocation arrangement, changes to the existing
configuration, (including but not limited to, growing, upgrading, and/or
reconfiguring the current equipment) are considered rearrangements
to that virtual Collocation arrangement. lf Native Network decides to
rearrange an existing virtual Collocation arrangement, Native Network
must submit a new application outlining the details of the
rearrangement along with a virtual engineering/major augment fee.
1.9.13 Aoplication of Rates and Charqes.
Billino. Frontier will apply charges (e.9., non-recurring and recurring
rates for entry fiber, power, etc.) and commence billing for the virtual
Collocation arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control. The
readiness of Native Network to utilize the completed virtual Collocation
arrangement will not impair the right of Frontier to commence billing.
Frontier shall charge Native Network for all costs incurred in providing
the virtual Collocation arrangement, including, but not limited to,
Frontier's planning, engineering and installation time and costs incurred
by Frontier for inventory services. Any and all expenses associated
166
with placing Native Network's fiber in manhole zero, including license
fees, shall be the responsibility of Native Network.
Virtual Enoineerinq Fee. Frontier will require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Frontier location where Native Network requests
to establish virtual Collocation. A virtual engineering/major augment
fee is required to be submitted by Native Network with its application.
This fee applies for all new virtual Collocation arrangements as well as
subsequent additions to an existing arrangement, and provides for
application processing, and for Frontier's performance of an initial site
visit and an engineering evaluation.
lf Native Network cancels or withdraws its request for a virtual
Collocation arrangement prior to turn-up, Native Network will be liable
for all costs and liabilities incurred by Frontier in the developing,
establishing, or otherwise furnishing the virtual Collocation
arrangement up to the point of cancellation or withdrawal.
Other Virtual Collocation Rate Elements. The application, description,
and rates of Collocation rate elements that are also applicable for
virtual Collocation are described in the Pricing Attachment.
1.9.14 Conversions. Requests for converting virtual Collocation
arrangements to caged or cageless arrangements shall be submitted
and designated as an Augment Application described in Section 1.2.5.
Requests for converting a virtual arrangement to a cageless
arrangement that requires no physical changes to the arrangement will
be assessed a minor augment fee. All other conversion requests for
virtual to caged or cageless will be assessed an engineering/major
augment Fee and other applicable charges. Frontier will notify Native
Network within ten (10) Business Days following receipt of the
completed Augment Application if Native Network conversion request
is accepted or denied. When converting a virtual arrangement to a
caged or cageless arrangement, Native Network's equipment may
need to be relocated. Native Network will be responsible for all costs
associated with the relocation of its equipment as described in Section
1.2.7.
1.10 MicrowaveCollocation.
Microwave Collocation is available on a first-come first-served basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Frontier facilities through the Collocation arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attachment shall apply to microwave Collocation.
1.10.1 Accommodations. Frontier will provide space within the cable riser,
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Frontier's interconnection
point. Waveguide may not be placed in Frontier cable risers or racks.
Frontier reserves the right to prohibit the installation ol waveguide,
metallic conduit and coaxial cable through or near sensitive equipment
Native Netuork lD Comp v4 062416 167
areas. The route of the waveguide and/or coaxial cable as well as any
protection required willbe discussed during the pre-construction
survey.
Frontier will designate the space in, on or above the exterior walls and
roof of the premises, which will constitute the roof space or
transmitter/receiver space. Frontier may require Native Network's
transmitter/receiver equipment to be installed in a locked cabinet which
may be free standing, wall mounted or relay rack mounted. Frontier
may enclose Native Network's multiplexing node or transmitter/receiver
equipment in a cage or room.
At the option of Frontier, the antenna support structure shall be built,
owned and maintained by either Frontier or by Native Network.
Frontier reserves the right to use existing support structures for Native
Network's antenna, subject to space and capacity limitations. Frontier
also reserves the right to use any unused portion of a support structure
owned by Native Network for any reason, subject to the provisions set
forth below. lt shall be the responsibility of the owner of the support
structure to maintain a record of the net book value of the structure.
When Frontier is the owner of the structure, it shall keep such records
in accordance with the FCC's Parl32 uniform system of accounts.
When Native Network is the owner of the structure, it shall keep such
records in accordance with generally accepted accounting principles.
The owner of the support structure shall use reasonable efforts to
accommodate requests by other CLECs to use the support structure
for microwave interconnection on a first-come first-served basis.
For those interconnecting via m icrowave facilities, transm itter/receiver
equipment may be located in Native Network's interior Collocation
space, or in a separate location inside or on the exterior of the building
as determined by Frontier.
1.10.2 Securitv. Frontier will permit Native Network's employees, agents and
contractors approved by Frontier to have access to the areas where
Native Network's microwave antenna and associated equipment (e.9.,
tower and support structure, transmitter/receiver equipment, and
waveguide and/or coaxial cable) is located during normal business
hours for installation and routine maintenance, provided that Native
Network employees, agents and contractors comply with the policies
and practices of Frontier pertaining to fire, safety and security. Such
approval will not be unreasonably withheld. During non-business
hours, Frontier will provide access on a per event basis.
Frontier will also permit all approved employees, agents and contractors of
Native Network to have access to Native Network's cable and associated
equipment (e.9., repeaters). This will include access to riser cable, cableways,
and any room or area necessary for access.
1.10.3 Safetv and Technical Standards. Frontier reserves the right to remove
facilities and equipment from its list of approved products if such
products, facilities and equipment are determined to be no longer
compliant with NEBS standards or electromagnetic compatibility and
electrical safety generic criteria for network telecommunication
equipment specified in GR - 1089 - CORE. Frontier will provide 90
Native Network lD Comp v4 062416 168
days notice of the change unless it is due to an emergency which
renders notice impossible.
Frontier reserves the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, Native Network or if applicable,
Frontier, shall have the complete structure, including guys and
supports, inspected every two years by an acceptable licensed
professional engineer of its choice specializing in this type of
inspection. For Native Network owned structures that are solely for the
use of one CLEC's antenna(s), such inspection willbe at Native
Network's own cost and expense. For structures used by multiple
CLECs, the costs associated with such inspection shall be apportioned
based on relative capacity ratios. A copy of this report may be filed
with Frontier within ten (10) days of the inspection. The owner shall be
responsible to complete all maintenance and/or repairs, as
recommended by the engineer, within 90 days.
Native Network shall provide written notice to Frontier of any complaint
(and resolution of such complaint) by any governmental authority or
others pertaining to the installation, maintenance or operation of Native
Network's facilities or equipment located in roof space or
transmitter/receiver space. Native Network also agrees to take all
necessary corrective action.
All Native Network microwave equipment to be installed in or on the
exterior of Frontier premises must be on the Frontier's list of approved
products, or equipment that is demonstrated as complying with the
technical specifications described herein. Where a difference may
exist in the specifications, the more stringent shall apply.
Native Network must comply with Frontier technical specifications for
microwave Collocation interconnection specified in NIP -74171 and
Frontier's digital switch environmental requirements specified in NIP -
74165, as they relate to fire, safety, health, environmental, and network
safeguards, and ensure that Native Network provided equipment and
installation activities do not act as a hindrance to Frontier services or
facilities. Native Network's equipment placed in or on roof space or
transmitter/receiver space must also comply with all applicable rules
and regulations of the FCC and the FAA.
Native Network facilities shall be placed, maintained, relocated or
removed in accordance with the applicable requirements and
specifications of the current edition of NIP -74171, national electric
code, the national electrical safety code, rules and regulations of the
OSHA, and any governing authority having jurisdiction.
All Native Network microwave lacilities must comply with Bellcore
specifications regarding microwave and radio based transmission and
equipment, CEF, BR -760 - 200 - 030, and SR - TAP - 001421; and
Frontier's practices as they relate to fire, safety, health, environmental
Native Network lD Comp v4062416 169
1.10.4
1.10.5
safeguards transmission and electrical grounding requirements, or
interference with Frontier services or facilities.
The equipment located in, on or above the exterior walls or roof of
Frontier's building must either be on Frontier's list of approved products
or fully comply with requirements specified in GR - 63 - CORE, GR -
1089 - CORE and NIP 74171. This equipment must also comply with
NIP - 74160, premise engineering environmental and transmission
standards as they relate to fire, safety, health, environmental
safeguards, or interference with Frontier service or facilities.
Each transmitter individually and all transmitters collectively at a given
location shall comply with appropriate federal, state and/or local
regulations governing the safe levels of radio frequency radiation. The
minimum standard to be met by Native Network in all cases is specified
in ANS|C95.1 - 1982.
Nalive Network equipment must conform to the same specific risk,
safety, hazard standards which Frontier imposes on its own premises
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher. Native Network equipment is not required to meet the same
performance and reliability standards as Frontier imposes on its own
equipment as defined in RNSA - NEB - 95 - 0003, Revision 10 or
higher.
Placement and Removal of Facilities and Equipment. Prior to
installation of Native Network's facilities or transmission equipment for
microwave interconnection, Native Network must obtain at its sole cost
and expense all necessary licenses, permits, approvals, and/or
variances for the installation and operation of the equipment and
particular microwave system, and when applicable for any towers or
support structures, as may be required by authorities having
jurisdiction.
Native Network is not permitted to penetrate the building exterior wall
or roof when installing or maintaining transmission equipment and
support structures. All building penetration will be done by Frontier or a
hired agent of Frontier.
Any Native Network's equipment used to produce or extract moisture
must be connected to existing or newly constructed building or roof top
drainage systems, at the expense of Native Network.
Native Network will be responsible for supplying, installing, maintaining,
repairing and servicing the following microwave specific equipment:
Waveguide, waveguide conduit, and/or coaxial cable, the microwave
antenna and associated tower and support structure and any
associated equipment; and the transmitter/receiver equipment and any
required grounding.
Native Network may install equipment that has been deployed by
Frontier for five years or more with a proven safety record.
Moves. Replacements or Other Modifications. Where Native Network
intends to modify, move replace or add to equipment or facilities within
or about the roof space or transmitter/receiver space(s) and requires
special consideration (e.9., use of freight elevators, loading dock,
Native Network lD Comp v4062416 170
1.10.6
staging area, etc.), Native Network must request and receive written
consent from Frontier. Such consent will not be unreasonably
withheld. Native Network shall not make any changes from initial
installation in terms of the number of transmitter/receivers, type of
radio equipment, power output of transmitters or any other technical
parameters without the prior written approval of Frontier.
Space and Facilities. Monthly rates are applicable to Native Network
for the space (generally on the premises roof) associated with Frontier
or other CLEC owned antenna support structures. The rate is
calculated using the rate per square foot, multiplied by the square
footage of the footprint, which resultant is multiplied by Native
Network's relative capacity ratio (RCR), (i.e., the sum of the RCRs of
each of the Native Network's antennas).
Square footage for the footprint will be based on the length times width
of the entire footprint formed on the horizontal plane (generally the roof
top) by the antenna(s), tower(s), mount(s), guy wires and/or support
structures used by Native Network. For a non-rectangular footprint, the
length will be measured at the longest part of the footprint and the
width will be the widest part of the footprint.
The owner of the support structure may charge Native Network
proposing to use the structure, on a one-time basis, for the following
costs and/or values. Any incremental costs associated with installing
the Native Network's antenna, including but not limited to, the costs of
engineering studies, roof penetrations, structural attachments, support
structure modification or reinforcement, zoning and building permits. A
portion of the net book value of the support structure is based on the
RCR of Native Network's proposed antenna(s) to be mounted on the
structure. Native Network's RCR represents the percent of the total
capacity of the support structure used by Native Network's antenna(s)
on the structure. Spare capacity shall be deemed to be that of the
owner of the structure. RCRs shall be expressed as a two place
decimal number, rounded to the nearest whole percent. The sum of all
users' RCRs and the owner's RCR shall at all times equal 1.00. lt shall
be the responsibility of the owner of the structure to provide Native
Network the net book value of the structure at the time of the proposed
use. Upon request, the owner shall also provide the proposed user
accounting records or other documentation supporting the net book
value.
The owner of the structure may not assess Native Network any
charges in addition to the one-time charge described above, except
that the owner of the structure may assess Native Network a
proportionate share of inspection costs and Frontier may assess Native
Network monthly recurring charges for use of its roof space. At the
time Native Network proposes to attach additional antennas to an
existing support structure, it shall be the responsibility of Native
Network to obtain, at its cost and expense, an engineering analysis by
a registered structural engineer to determine the relative capacity ratio
of all antennas on the structure, including the proposed antennas.
When a Native Network is the owner of the structure, the proposed
user shall pay Native Network directly the one-time charge as set forth
above. When Frontier is the owner of the support structure, it shall
determine the charge on an individual case basis. ln the event that
Native Network lD Comp v4 062416 171
1.10.7
1.10.8
Native Network as owner of the support structure fails to comply with
these provisions, at Frontier's option, ownership of the support
structure shall transfer to Frontier.
Costs incurred by Frontier to conduct a review for wind or ice loadings
(etc.) for antennas over 18 inches in diameter, or for any multiple
antenna installation, and any changes which may be required thereto in
order to insure that such loadings meet generally accepted engineering
criteria for radio tower structures, will be billed to Native Network.
Emeroencv Power and/or Environmental Suoport. ln the event special
work must be done by Frontier to provide emergency power or
environmental support to the transmitter/receiver equipment or
antenna, Native Network will be billed on a time and materials basis
for the costs incurred.
Escortino. When Native Network personnel are escorted by a
qualified Frontier employee for access to the roof space,
transmitter/receiver space, or cable risers and racking for
maintenance, the miscellaneous labor charges as set forth in the
Pricing Attachment will apply.
Native Netwok lD Comp v4 062416 172
1.
2.
911 ATTACHMENT
91 1/E-91 1 Arrangements
1.1 91 1/E-91 1 arrangements provide a caller access to the appropriate PSAP by
dialing a 3-digit universal telephone number "911". Frontier provides and
maintains such equipment and software at the 911/E-911 Tandem
Office(s)/Selective Router(s), Frontier interface point(s) and ALI Database as is
necessary for 911/E-911 Calls in areas where Frontier is the designated 911/E-
911 Service Provider.
1.2 Frontier shall make the following information available to Native Network, to the
extent permitted by Applicable Law. Such information is provided at the Frontier
website (formerly referred to as the Frontier wholesale website):
1.2.1 a listing of the CLLI code (and SS7 point code when applicable) of
each 911/E-911 Tandem Office(sVSelective Route(s) and associated
geographic location served for areas where Frontier is the designated
91 1/E-91 1 Service Provider;
1.2.2 a listing of appropriate Frontier contact telephone numbers and
organizations that currently have responsibility for operations and
support of Frontier's 911/E-911 network and ALI Database systems;
and
1.2.3 where Frontier maintains a Master Street Address Guide (MSAG) on
behalf of the Controlling 911 Authority, Frontier shall provide to Native
Network a complete copy of such MSAG annually upon written request
for each county within the LATA(s) in the State of ldaho, where Native
Network is providing Telephone Exchange Service, provided that
Frontier is permitted to do so by Controlling 911 Authority.
ALI Database
2.1 Where Frontier manages the ALI Database, information regarding the ALI
Database is provided electronically at the Frontier website (formerly referred to
as the Frontier wholesale website).
2.2 Where Frontier manages the ALI Database, Frontier shall:
2.2.1 store Native Network end user data provided by Native Network in the
ALI Database;
2.2.2 provide Native Network access to the ALI Database for the initial
loading and updating of Native Network end user records in
accordance with information contained in the Frontier website
(formerly referred to as the Frontier wholesale website); and
2.2.3 provide Native Network an error and status report based on updates to
the ALI Database received from Native Network.
2.3 Where Frontier manages the ALI Database, Native Network shall:
2.3.1 provide MSAG valid E-911 data for each of its end users for the initial
loading of, and any and all updates to the ALI database;
Native Network lD Comp v4 062416 173
2.3.2 utilize the appropriate Frontier electronic interface to update E-911
data in the ALI Database related its end users (and allsuch database
information in the ALI Database shall conform to Frontier standards,
which are provided at the Frontier website (formerly referred to as the
Frontier wholesale website));
2.3.3 use its company lD on allend user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entry of E-911 data in the ALI
Database; and
2.3.5 enter E-911 data into the ALI Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using Native
Network's NENA lD to lock and unlock records and the posting of the
Native Network NENA lD to the ALI Database record where such
locking and unlocking feature for E-911 records is available, or as
defined by localstandards. Native Network is required to promptly
unlock and migrate its E-911 records in accordance with NENA
standards. ln the event that Native Network discontinues providing
Telephone Exchange Service to any of its end users, it shall ensure
that its E-911 records for such end users are unlocked in accordance
with NENA standards.
2.4 ln the event Native Network uses an Agent to input its end user's E-911 data to
the ALI Database through the appropriate Frontier electronic interface, Native
Network shall provide a Letter of Authorization, in a form acceptable to Frontier,
identifying and authorizing its Agent.
3. 911/E-911 lnterconnection
3.1 Native Network may, in accordance with Applicable Law, interconnect to the
Frontier 91 1/E-911 Tandem Office(s)/Selective Route(s) or Frontier interface
point(s). Frontier shall designate interface point(s), e.9., digital cross connect
systems (DCS), where Native Network may interconnect with Frontier for the
transmission and routing of 91'l/E-911 Calls to all subtending PSAPs that serve
the areas in which Native Network provides Telephone Exchange Services.
3.2 ln order to interconnect with Frontier for the transmission and routing of 911/E-
911 Calls, Native Network shall:
3.2.1 interconnect with each Frontier 911/E-911 Tandem Otfice/Selective
Router or Frontier interface point that serves the exchange areas in
which Native Network is authorized to and willprovide Telephone
Exchange Service;
3.2.2 provide a minimum of two (2) one-way outgoing 911/E-911 trunks over
diversely routed facilities that are dedicated for originating 911/E-911
Calls from the Native Network switch to each designated Frontier
911/E-911 Tandem Otfice/Selective Router or Frontier interface point,
using SS7 signaling where available, as necessary;
Intentionally Left Blank];3.2.3
3.2.4 provide sufficient trunks and facilities to route 911/E-911 Calls from
Native Network to the designated Frontier 911/E-911 Tandem
Office(s)/Selective Route(s) or Frontier interface point(s). Native
Native Network lD Comp v4 062416 174
Network is responsible for requesting that trunks and facilities be
routed diversely for 91 1/E-91 1 interconnection;
3.2.5 determine the proper quantity of trunks and facilities from its switch(es)
to the Frontier 911/E-911 Tandem Office(s)/Selective Router(s) or
Frontier interface point(s);
3.2.6 engineer its 911/E-911 trunks and facilities to attain a minimum P.01
grade of service as measured using the "busy day/busy hou/'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 Native Network
traffic study indicates that additional trunks and/or facilities are needed
to meet the current level of 911/E-911 Call volumes, Native Network
shall order or otherwise provide adequate additional trunks and/or
facilities;
3.2.7
3.2.8 promptly test all 911/E-911 trunks and facilities between the Native
Network network and the Frontier 911/E-911 Tandem
Office(s)/Selective Boute(s) or Frontier interface point(s) to assure
proper functioning of 911/E-911 arrangements. Native Network shall
not transmit or route live 911/E-911 Calls until successful testing is
completed;and
3.2.9 isolate, coordinate and restore all 911/E-911 network maintenance
problems from its switch(es) to the Frontier 9'11/E-911 Tandem
Office(s)/Selective Route(s) or Frontier interface points. Native
Network shall advise Frontier of the circuit identification when notifying
Frontier of a failure or outage.
4. 911/E-911 General
4.'l Frontier and Native Network shall work cooperatively to arrange meetings with
the Controlling 911 Authorities to answer any technical questions the PSAPS, or
county or municipal coordinators may have regarding the initial 911/E-911
arrangements
4.2 Native Network shall compensate Frontier for provision of 911/E-911 Services
pursuant to the Pricing Attachment of this Agreement.
4.3 Native Network and Frontier shall comply with all Applicable Law (including 911
taxes and surcharges as defined by Applicable Law) pertaining to 911/E-911
arrangements.
Native Network shall collect and remit, as required, any 911/E-911 applicable
surcharges from its end users in accordance with Applicable Law.
5. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date, has not provided in the
State of ldaho a Service offered under this Attachment, Frontier reserves the right to
negotiate in good faith with Native Network reasonable terms and conditions (including,
without limitation, rates and implementation timeframes) for such Service; and, if the
Parties cannot agree to such terms and conditions (including, without limitation, rates and
implementation timeframes), either Party may utilize the Agreement's dispute resolution
4.4
Native Network lD Comp v4062416 175
1
PRICING ATTACHMENT
General
1.1 As used in this Attachment, the term "Charges" means the rates, fees, charges
and prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attachment, Charges for
Services shall be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the
Providing Party's applicable Tariff .
1.4 ln the absence of Charges for a Service established pursuant to Section 1.3 of
this Attachment, the Charges shall be as stated in Appendix A of this Pricing
Attachment. For rate elements provided in Appendix A of this Pricing Attachment
that do not include a Charge, either marked as "TBD" or otherwise, Frontier is
developing such Charges and has not finished developing such Charges as ol
the Etfective Date of this Agreement ("Effective Date"). When Frontier finishes
developing such a Charge, Frontier shall notify Native Network in writing of such
Charge in accordance with, and subject to, the notices provisions of this
Agreement and thereafter shall bill Native Network, and Native Network shall pay
to Frontier, for Services provided under this Agreement on the Effective Date and
thereafter in accordance with such Charge. Any notice provided by Frontier to
Native Network pursuant to this Section 1.4 shall be deemed to be a part ol
Appendix A of this Pricing Attachment immediately after Frontier sends such
notice to Native Network and thereafter.
1.5 The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Taritf Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically superseded
by any new Charge(s) when such new Charge(s) are required by any order of the
Commission or the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has been filed with the Commission or the FCC), provided such
new Charge(s) are not subject to a stay issued by any court of competent
jurisdiction.
'1.6 ln the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 ln the absence of Charges for a Service established pursuant to Sections 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Party's FCC or Commission approved Charges.
1.8 ln the absence of Charges for a Service established pursuant to Sections 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
Frontier Telecommunicatlons Services Provided to Native Network for Resale
Pursuant to the Resale Attachment
2.1 Frontier Telecommunications Services for which Frontier is Required to Provide a
Wholesale Discount Pursuant to Section 251(cX4) of the Act.
2.
Native Netlrck lD Comp v4062416 177
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
The Charges for a Frontier Telecommunications Service purchased by
Native Network for resale for which Frontier is required to provide a
wholesale discount pursuant to Section 251(cX4) of the Act shall be
the Retail Price for such Service set forth in Frontier's applicable
Tariffs (or, if there is no Tariff Hetail Price for such Service, Frontier's
Retail Price for the Service that is generally offered to Frontier's
Customers), less, to the extent required by Applicable Law: (a) the
applicable wholesale discount stated in Frontier's Tariffs for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251(c)(4) of the Act; or (b) in the absence of an applicable
Frontier Tariff wholesale discount for Frontier Telecommunications
Services purchased for resale pursuant to Section 251(c)(a) of the Act,
the applicable wholesale discount stated in Appendix A for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251(c)(a) of the Act.
The Charges for a Frontier Telecommunications Service Customer
Specific Arrangement ("CSA') purchased by Native Network for resale
pursuant to Section 3.3 of the Resale Attachment for which Frontier is
required to provide a wholesale discount pursuant to Section 251(c)(4)
of the Act shall be the Retail Price for the CSA, less, to the extent
required by Applicable Law: (a) the applicable wholesale discount
stated in Frontier's Tariffs for Frontier Telecommunications Services
purchased for resale pursuant to Section 251(c)(4) of the Act; or (b) in
the absence of an applicable Frontier Tariff wholesale discount for
Frontier Telecommunications Services purchased for resale pursuant
to Section 251(cX4) of the Act, the applicable discount stated in
Appendix A for Frontier Telecommunications Services purchased for
resale pursuant to Section 251(c)(a) of the Act. Notwithstanding the
foregoing, in accordance with, and to the extent permitted by
Applicable Law, Frontier may establish a wholesale discount for a CSA
that differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to Native Network for resale
pursuant to Section 251(c)(4) of the Act.
Notwithstanding Sections 2.1 and 2.2 of this Attachment, in
accordance with, and to the extent permitted by Applicable Law,
Frontier may at any time establish a wholesale discount for a
Telecommunications Service (including, but not limited to, a CSA) that
differs from the wholesale discount that is generally applicable to
Telecommunications Services provided to Native Network for resale
pursuant to Section 251(c)(4) of the Act.
The wholesale discount stated in Appendix A shall be automatically
superseded by any new wholesale discount when such new wholesale
discount is required by any order of the Commission or the FCC,
approved by the Commission or the FCC, or otherwise allowed to go
into effect by the Commission or the FCC, provided such new
wholesale discount is not subject to a stay issued by any court of
competent jurisdiction.
The wholesale discount provided for in Sections 2.1 .1 through 2.1.3 ol
this Attachment shall not be applied to:
2.1.5.1 Short term promotions as defined in 47 CFR S 51 .613;
Native Network lD Comp v4 062416 178
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Access services;
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Party Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale discount under
Section 251(cX4) of the Act.
2.2 Frontier Telecommunications Services for which Frontier is Not Required to
Provide a Wholesale Discount Pursuant to Section 251(c)(4) of the Act.
2.2.1 The Charges for a Frontier Telecommunications Service for which
Frontier is not required to provide a wholesale discount pursuant to
Section 251(cXa) of the Act shall be the Charges stated in Frontier's
Tariffs for such Frontier Telecommunications Service (or, if there are
no Frontier Tariff Charges for such Service, Frontier's Charges for the
Service that are generally offered by Frontier).
2.2.2 The Charges for a Frontier Telecommunications Service customer
specific contract service arrangement ("CSA') purchased by Native
Network pursuant to Section 3.3 of the Resale Attachment for which
Frontier is not required to provide a wholesale discount pursuant to
Section 251(cX4) of the Act shall be the Charges provided for in the
CSA and any other Charges that Frontier could bill the person to
whom the CSA was originally provided (including, but not limited to,
applicable Frontier Tariff Charges).
Other Charges.
2.3.1 Native Network shall pay, or collect and remit to Frontier, without
discount, all Subscriber Line Charges, Federal Line Cost Gharges, and
end user common line Charges, associated with Frontier
Telecommunications Services provided by Frontier to Native Network.
3. Native Network Prices
Notwithstanding any other provision of this Agreement, the Charges that Native Network
bills Frontier for Native Network's Services shall not exceed the Charges for Frontier's
comparable Services, except to the extent that Native Network's cost to provide such
Native Network's Services to Frontier exceeds the Charges for Frontier's comparable
Services and Native Network has demonstrated such cost to Frontier, or, at Frontier's
request, to the Commission or the FCC.
flhls Section lntentlonally Left Blank]
Regulatory Review of Prices
Notwithstanding any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or other
governmental body of appropriate jurisdiction: (a) with regard to the Charges for its
Services (including, but not limited to, a proceeding to change the Charges for its
seryices, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
Native Notlwrk lD Comp v4 062416 179
2.3
4.
5.
with regard to the Charges of the other Party (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
Native Network lD Comp v4 062416 180
APPENDIX ATO THE PRICING ATTACHMENT1
(IDAHO)
vl.13
Rates and Charges for Transport and Termination of Traffic2
A. ReciprocalCompensationTrafficTermination
Reciprocal Compensation Traffic End Office Rate: Billand Keep
Reciprocal Compensation Traffic Tandem Rate: Bill and Keep
B. The Tandem Transit Traffic Service Charge is $0.0018345 per minute of use.
Entrance Facility and Transport for lnterconnection Charges: See lntrastate
Special Access Tariff
Exchange Access Service: Per Frontier interstate and/or Frontier intrastate
access tariff
I This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like
that Frontier does not have an obligation to provide under the Agreement (e.9., services, facilities, arrangements and the
like that Frontier is not required to provide under Section 251 of the Act). Notwithstanding any such rates (and/or
references) and, for the avoidance of any doubt, nothing in this Appondix shall be de€med to require Frontier to provide a
service, facility, arrangement or the like that the Agreement does not require Frontier to provide, or to provide a service,
facility, arrangement or the like upon rates, terms or conditions other than thos6 that may be required by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates
and/or charges as the Commission or the FCC may approve or allow to go into eff€ct from time to time, sublect however,
to any stiay or other order issued by any court of competent jurisdiction. ln addition to any rates and charges set forth
herein, eftective as of March 11, 2005, Native Network shall pay any rates and charges that apply to a CLEC's embedded
base of certain UNEs pursuant to the FCC's Order on Remand, Unbundled Access to Network Elemenb; Review ol the
Section 251 Unbundling Obligations of lncumbent Locat Exchange Cariers, WC Docket No. 04-313, CC Dockst No. 01-
338 (FCC rel. Feb. 4, 2005) (the "THRO"), the foregoing being without limitation of other rates and charges that may apply
under subsequent FCC orders or otherwise. ln addition, as set forth in lndustry Notices, access tariff rates and/or other
applicable non-UNE rates may apply for certain facilities and arrangements that are no longer available as unbundled
network olements or combinations thereof.
2 All rates and charges specified herein are pertaining to the lnterconnection Attachment.
c
D
Native Network lD Comp v4 062416 181
!!. Services Available for Resale
The avoided cost discount for all Resale services is 13.50%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
Ordering and Provisioning
Engineered lnitialService Order (lSO) - New Service
Engineered lnitial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered lnitial Service Order - New Service
Non-Engineered lnitial Service Order - Changeover
Non-Engineered lnitial Service Order - As Specified
Non-Engineered Subsequent Service Order
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
rso
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour:tso $
CentralOtfice Connection $
Outside Facility Connection $
Hot Coordinated Conversion per Additional Quarter Hour:tso $
CentralOtfice Connection $
Outside Facility Connection $
CentralOtfice Connect
Outside Facility Connect
ManualOrdering Charge
Product Specific
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No
discount applies to such NRCs.
Custom Handling
$
$
$
$273.09$ 11.69
$311.98
$123.84
$ 59.61
$ 42.50
$ 21.62
$ 82.13
$ 19.55
$ 35.48
$ 12.59
$ 17.76
$ 10.71
$ 9.59
30.55
42.83
38.34
6.40
10.71
9.59
12.21
68.30
12.17
Native Network lD Comp v4 062416 182
Application of NRCs
Pre-ordering:
CLEC Account Establishment is a one-time charge applied the first time that Native
Network orders any service from this Agreement.
Customer Record Search applies when Native Network requests a summary of the
services currently subscribed to by the end-user.
Ordering and Provisioning:
Engineered lnitial Service Order - New Service applies per Local Service Request (LSR)
when engineering work activity is required to complete the order, e.g. digital loops.
Non-Engineered lnitial Service Order - New Service applies per LSR when no
engineering work activity is required to complete the order, e.g. analog loops.
lnitial Service Order - As Specified (Engineered or Non-Engineered) applies only to
Complex Services for services migrating from Frontier to Native Network. Complex
Services are services that require a data gathering form or have special instructions
Non-Engineered lnitial Service Order - Changeover applies only to Basic Services for
services migrating from Frontier to Native Network. End-user seMce may remain the
same or change.
Central Office Connect applies in addition to the ISO when physical installation is
required at the central office.
Outside Facility Connect applies in addition to the ISO when incremental fieldwork is
required.
Manual Ordering Charge applies to orders that require Frontier to manually enter Native
Network's order into Frontier's Secure lntegrated Gateway System (SIGS), e.g. faxed
orders and orders sent via physical or electronic mail.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite (Engineered or Non-Engineered) applies if Native Network
requests service prior to the standard due date intervals.
Coordinated Conversion applies if Native Network requests notification and coordination
of service cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Native Network requests real-time
coordination of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 1S-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Native Network lD Comp v4 062416 183
il.Prices for Unbundled Network Elements3
Monthly Recurring Charges4
Local Loop
2 Wire Analog Loop (inclusive of NID)
4 Wire Analog Loop (inclusive of NID)
2 Wire Digital Loop (inclusive of NID)
4 Wire Digital Loop (inclusive of NID)
DS-1 Loop
DS-3 Loop
Supplemental Features:
ISDN-BRl Line Loop Extender
DS1 Clear Channel Capability
Sub-Loop
2-Wire Distribution
4-Wire Distribution
2-Wire Drop
4-Wire Drop
lnside Wire
Network lnterface Device (leased separately)
Basic NID:
Complex (12 x) NID
Dedicated Transport Facilities
I nteroff ice Dedicated Transport
IDT DSO Transport Facility per ALM
IDT DSO Transport Termination
IDT DSl Transport Facility per ALM
IDT DS1 Transport Termination
IDT DS3 Transport Facility per ALM
IDT DSg Transport Termination
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing
DS3 to DS1 Multiplexing
DS1 Clear Channel Capability
$
$
$
$
$
$
$
$
BFR
$
$
$
45.00
67.00
45.00
67.00
160.31
320.38
5.06
26.00
26.O4
45.64
5.57
5.91
1.80
1.90
0.13
12.90
1.91
45.00
25.15
234.14
194.78
550.00
26.00
3 For the avoidance of any doubt, in addition to any rates and charges set forth herein, effective as of
March 11, 2005, Native Net$ork shall pay any rates and charges that apply to a CLEC's ombodded base of certain UNES
pursuant to the TRRO, the foregoing being without limitation of other rates and charges that may apply under subs€quont
FCC orders or othenvise; in addition, as set forth in lndustry Notices, access tariff rates and/or other applicable non-UNE
rates may apply for certain facilities and anangemenE that aro no longer available as unbundled network elements or
cornbinations thereof .
4 ln compliance with the FCC Order approving the Merger of GTE Corporation and Bell Atlantic (CC
Docket No. 98-1840), Frontier will offer limited duration prornotional discounts on resold residential exchange a@ess
lines. The terms and conditions on which these promotional discounts are being made available can be found on
Frontief s web site, at http/wfiolesale.frontier.com/wholesale/.
Native Netwok lD Comp v4 062416 184
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
Basic Business Dav
1st Half Hour
Each Additional Half Hour
Overtime Non-Business Dav
1st Half Hour
Each Additional Half Hour
Premium Non-Business Dav
1st Half Hour
Each Additional Half Hour
$
$
$ oz.t s
24.80
6.34
42.89
21.41
100.00
75.00
150.00
125.00
lntermediate Office Cross Connect TBD
Sub-Loop Unbundling Charges
Application Fee: Native Network shall pay a one-time non-recurring charge for each
application for a new sub-loop access request pursuant to Section 6 of the Networks
Elements Attachment.
Application Fee $ 843.17
Labor Rates: Native Network shall pay Frontier Labor Bates as specified below for all
engineering time required to research and provide a detailed quote for each sub-loop
application submifted per Section 6 of the Networks Elements Attachment.
Labor Rates, Per Technician
$
$
$
$
$
$
All other charges for sub-loop ordering, conditioning, monthly recurring costs etc., remain
pursuant to the Pricing Attachment.
EEL Prlcing
MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.g. UNE Loop, lDT, Multiplexing, & Clear
Channel Capability).
Native Network lD Comp v4 062416 185
Line Splitting (atso referred to as "Loop Sharing")s 6
A. Unbundled Local Loops
B. Other Charges
As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurring Charges as amended from time to time.
lncludes, without limitation, Becurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge. (per loop), Service Connection-
Other Charge* (per loop), and Provisioning charges. Also
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch ln, Out, and Dispatch Expedites, lnstallation
Dispatch, Manual lntervention, Expedited, Digital Designed
Becurring and Non-Recurring Chargesi. Regrade $9.59 NRC
ii. *Service Connectlon*Service Connection/Other
A second Service Connection
NRC and Service Connection/
Other NBC applies on New
Loop Sharing Arrangements
involving the connection ofboth voice and data
connections.
iii. Disconnect A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.
iv. Line and Station Transfers
/Pair Swaps A LST/Pair Swap NRC
applies, as applicable, on LST
activity performed on New
Loop Sharing Arrangements.
G. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
lnstallation Flates)
As Applicable per this Appendix A.
5 Rates lor the individual line splitting cornponents are contained in existing terms Ior Unbundled
Netuork ElemenE and Collocation.
6 This Pricing Attachment incorporatss by reference the rates set forth in the Agreement for the
services and charges referenced heroin. ln the 6vent this Pricing Attachment relers to a service that is not available
under the Agreemgnt, the Agroement shall control. Nothing in this Appendix A shall be deemed to require Frontier to
provide a service that the Agreement does not require Frontier to provide.
Native Network lD Comp v4 062416 186
NON-RECURRING CHARGES. LOOP AND NID
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search
Ordering and Provisioning
Loop:
Engineered lnitial Service Order (lSO)
Non-Engineered ISO
Central Otfice Connection
Outside Facility Connection (See Note 1)
NID
rso
Outside Facil ity Connection
Custom Handling
ManualOrdering Charge
Service Order Expedite:
Engineered Loop LSRs
AllOther LSRs
Coordinated Conversions:
tso
Central Office Connection
Outside Facil ity Connection
Hot Coordinated Conversion First Hour:
tso
Central Otfice Connection
Outside Facility Connection
Hot Coordinated Conversion per Additional Quarter Hour:
tso
Central Otfice Connection
Outside Facility Connection
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
166.32
4.21
294.07
49.31
12.21
68.30
33.38
42.69
$ 12.17
25.80
3.36
17.76
10.71
9.59
30.55
42.83
38.34
6.40
10.71
9.s9
Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment
of a new unbundled loop service.
Native Network lD Comp v4 062416 187
NON.RECURRING CHARGES - OTHER UNEs
Ordering Ordering
LOCAL WHOLESALE SERVICES 100o/o Semi-
Frovlsloninglnitlal Addt'l
UNBUNDLEO SUB.LOOP
Manual Mech.Unit Unit
Exchange - FDI Distribution lnterconnection - lnitial
Exchange - FDI Distribution lnterconnection - Subsequent
Exchange - Serving Terminal Interconnection - lnitial
Exchange - Serving Terminal lnterconnection - Subsequent
$ 36.32
$ 15.01
$ 36.32
$ 15.01
$405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
$ 26.88
$ 11.83
$ 26.88
$ 11.83
$405.65
$ 64.57
$ 64.57
$ 61.90
$ 16.99
$ 28.99
$ 13.23
$ 30.36
$ 7.22
$ 15.51
$ 6.41
N/A
$224.68
$220.43
UNBUNDLEtr DARK FIBEH
Advanced - Service lnquiry Charge
Advanced - lnteroffice Dedicated Transport - lnitial
Advanced - Unbundled Loop - lnitial
lntermediate Office Cross Connect
Dark fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
N/A
$267.28
$261.86
if
Advanced - Basic (2-wire and 4-wire) - lnitial
Advanced - Basic (2-wire and 4-wire) - Subsequent
DS1/DS3 - lnitial
DS1/D53 - Subsequent
DS3 to DS1 Multiplexer
DS1 to DSO Multiplexer
$ 88.39
$ 38.02
$ 97.94
$ 38.02
N/A
N/A
$161.87
$7.52
$179.37
$7.s2
$ 56,13
$ 21.89
$ 65.68
$ 21.89
N/A
N/A
$99.77
$4.56
$117.27
$4.56
$12.21
$ 12.21
$12.21
$ 12.21
$450.00
$800.00
$41.64
$41.64
$41.64
$41.64
N/A
N/A
N/A
N/A
N/A
N/A
Changeover Charge - (Convereion from Speciat Accse to EELs
or Transport)
Advanced - Basic (2-wire and 4-wire) Changeover (As ls)
Advanced - Basic (2-wire and 4-wire) Changeover (As ls)-
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DS1 and above) Changeover (As ls)
Advanced - Complex (DS1 and above) Changeover (As ls)-
Additional MOG (Mass Order Generator) Only
N/A
N/A
N/A
N/A
Native Network lD Comp v4 062416 188
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
N/A
N/A
N/A
N/A
N/A
N/A
$318.71 $ 34.88
$249.91 $ --
$s68.62 $ 34.88
LINE AND STATION TRANSFER' N/A NUA $147.75 N/A
Advanced - Basic(2-wire and 4-wire) - lnitial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DS1 and above) - lnitial
Advanced - Complex (DS1 and above) - Subsequent
$ 95.49 $ 63.01 $428.58 N/A
$ 4s.12 $ 28.77 $ 58.20 N/A
$105.04 $ 72.56 $584.49 N/A
$ 45.12 $ 28.77 $ AO.AO N/A
EXPEDITES
Exchange Products $ 3,36 $ 3.36 N/A N/A
Advanced Products $ 25.80 $ 25.80 N/A N/A
OTHER
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 4.21
$166.32
$40.96
$
$166.32
$40.96
N/A
N/A
N/A
N/A
N/A
N/A
7 These charges are interim and subject to retroactive true back to the Effective Date of this
Agreemenl.8 4 Line and Station fransfer (LST) Charge applies when Frontier ananges or rearranges an individual
circuit at a terminal or cross-connect box to free up a pair or suitable facility at the required servic€ location; examples
include an arrangement of copper to DLC, the rearrangement of IDLC to copper and the rearrangement of IDLC to UDLC.
Nativo Network lD Comp v4 062416 189
Engineering Querylo
Engineering Work Orderll
Expedite Engineering Querylo tz
Expedite Engineering Work Orderll 12
Clear Defective Pair
Reassignment of Non-Working Cable Pair
Binder Group Rearrangement
Repeater - lnstallation
Apparatus Case - lnstallation
Range Extenders - DSO lnstallation
Range Extenders - DS1 lnstallation
Channel Unit to Universal/Cotted DLC System (existing)
Serving Terminal - lnstallation/Upgrade
Activate Dead Copper Pair
Multiplexer - 1/0 - lnstallation
Multiplexer - 1 lO - Reconfiguration
Multiplexer -311 - lnstallation
Multiplexer - 311 - Reconfiguration
Multiplexer - Other - lnstallation
Move Drop
Cross-Connection - Existing Fiber Facility
Line Card - lnstallation
Copper Rearrangement
Central Office Terminal - lnstallation
IDLC Only Condition
Other Required Modifications
OTHER
Commingled Arrangements - per circuit NBC
Conversion - Service Order
Conversion - lnstallation per circuit
Circuit Retag - per circuit
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$ 183.99 N/A
$ 94.40 N/A
$ 41.67 N/A
$ 27.94 N/A
$272.35 N/A
$272.35 N/A
$529.77 N/A
$1,597.10 N/A
$2,992.81 N/A
$ 809.72 N/A
$ 809.72 N/A
$170.30 N/A
Time and N/A
Material
$ 199.90 N/A
$'t2,211.41 N/A
$170.30 N/A
$26,981.19 N/A
$382.34 N/A
Time and N/A
Material
$109.28 N/A
$346.93 N/A
$314.63 N/A
$482.90 N/A
$35,307.87 N/A
$36,847.28 N/A
Time and N/A
Material
$ s0.00
$ 19.33
$ 7.27
$ 59.43
s This Appendix may contain rates and charges for (and/or reference) services, facilities, anangemenls and the
like that Frontier does not have an obligation to provide under the Agroem€nt (e.9., services, facilities, arrangements and
the like for which an unbundling requirement does not exist under 47 U.S.C. Section 251(c)(3)). Notwithstanding any
such rates and/or charges (and/or references) and, for the avoidance of any doubt, nothing in this Appendix shall be
deemed to require Frontier to provide a seMce, facility, arangement or the liko that the Agre€ment does not require
Frontier to provid6, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than
those that may be required by the Agreement.
10 Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work
Order charges where applicable.
11 Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering
Query charges where applicable.
12 Exp€dite Charges apply in addition to other listed rates.
Native Network lD Comp v4 062416 190
Dark Fiber - Dark Fiber Routine Network Modilications N/A N/A Time and
Material
N/A
Application of NRCs
Preordering:
CLEC Account Establishment is a one-time charge applied the first time that Native
Network orders any service from this Agreement.
Customer Record Search applies when Native Network requests a summary of the
services currently subscribed to by the end-user.
Ordering and Provisioning :
lnitial Service Order (lSO) applies to each Local Service Request (LSR) and Access
Service Request (ASR) for new service. Charge is Manual (e.9. for a faxed order) or
Semi-Mechanized (e.9. for an electronically transmitted order) based upon the method of
submission used by the GLEC.
Subsequent Service Order applies to each LSR/ASR for modifications to an existing
service. Charge is Manual or Semi-Mechanized based upon the method of submission
used by the CLEC.
Advanced ISO applies per LSF/ASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSR/ASR when no engineering work activity is required to
complete the order.
Provisioning - lnitial Unit applies per ISO for the first unit installed. The Additional Unit
applies for each additional unit installed on the same lSO.
Basic Provisioning applies to services that can be provisioned using standard network
components maintained in inventory without specialized instructions for switch
translations, routing, and service arrangements.
Complex Provisioning applies to services that require special instruction for the
provisioning of the service to meet the customer's needs.
Examples of services and their Ordering/Provisioning category that applies:
Exchange-Basic: 2-Wire Analog, 4-Wire Analog, Standard Sub-Loop D istribution, Drop
and NlD.
Exchange-Complex: Non-loaded Sub-Loop Distribution and Loop Conditioning.
Advanced-Basic: 2-Wire Digital Loop, 4-Wire Digital Loop
Advanced-Complex: DS1 Loop, DS3 Loop, Dark Fiber and EELs.
Conditioning applies in addition to the lSO, for each Loop or Sub-Loop UNE for the
installation and grooming of Conditioning requests.
DSl Clear Channel Capability applies in addition to the lSO, per DSI for the installation
and grooming of DSI Clear ChannelCapability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
Native Network lD Comp v4 062416 191
Service lnquiry - Dark Fiber applies per service inquiry when a CLEC requests Frontier
to determine the availability of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, lDT, Multiplexing and Clear Channel Capability
Custom Handling (These NFICs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if Native Network requests service prior to the standard
due date intervals and the expedite request can be met by Frontier.
Coordinated Conversion applies if Native Network requests notification and coordination
of service cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Native Network requests real-time
coordination of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 1S-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by the CLEC.
Native Netuork lD Comp v4 062416 192
tv Rates and Charges for 911
See State Access Tariff.
Native Netuoft lD Comp v4 062416 193
V. Collocation Rates
Non-Recurrino Prices
Engineering Costs
Engineering/Major Augment Fee
Minor Augment Fee
Access Card Adminastration (NedReplacement)
Cage Grounding Bar
DC Power
Engineering
Cable Pullffermination
Ground Wire
Caged Floor Space including Shared Access Area
DC Power
Building Modification
Environmental Conditioning
Facility Termination
DSO
DS1
D53
Fiber Optic Patchcord
Cable Rack Space - Metallic
Cable Rack Space - Fiber
Overhead Superstructure per project
Facitity Cabte or Fiber Optlc Patchcord PulUTermination
Engineering per project
Facility Cable Pull per cable run
Fiber Optic Patchcord Pull per cable run
DSO Cable Termination per 100 pair
DS1 Cable Termination per 28 pair
DS3 Coaxial Cable Termination (Preconnectorized) per termination
DS3 Coaxial Cable Termination (Unconnectorized) per termination
Fiber Optic Patchcord Termination per termination
Fiber Cable PullEngineering Per Project
Place lnnerduct per lin ft
Pull Cable per lin ft
Cable Fire Retardant per occurrence
Fiber Cable SpliceEngineering per project
Splice Cable per fiber
BITS Timing per project
Monthlv Recurrinq Prices
per occurrence
per occurrence
per card
per bar
per project
per cable
per wire
per sq ft
per load amp
per request
per load amp
per 100 pr
per 28 pr
per DS3
per connector
per cable run
per innerduct ft
NRC
NRC
NHC
NRC
NRC
NRC
NRC
NRC
NRC
NHC
NRC
NRC
NBC
NBC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
$1,129.00
200.00
22.00
1,437.55
75.43
1341.62
18.12
2,440.00
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
1.00
42.OO
31.00
70.00
307.00
5.00
14.79
201.00
2.28
4.00
16.00
11.00
1.01
2.00
0.02
Increment RateNRCMRC
Native Network lD Comp v4 062416 194
lncrement NRC / MRC RatO
Flber Optic Patchcord Duct
Manhole Space - Flber
Subduct Space - FIber
Cable Vault Splice
Fiber Cable - 48 Fiber
Material
Fiber Cable - 96 Fiber
Material
BITS Timing
per cable run
per project
per lin ft
per splice
per splice
per occurrence
MRC
MRC
MRC
MRC
MRC
0.56
6.00
0.04
10.00
27.00
11.00
Native Netuork lD Comp v4 062416 195
Etements lncrement NRC / MRC Rate
Non-Recurrino Prices
Engineering Costs
Engineering/Major Augment Fee
Minor Augment Fee
Access Card Administration (New/Replacement)
DC Power
Engineering
Cable Pull/Termination
Ground Wire
Overhead Superstructure
Facility Cable or Fiber Optic Patchcord PulUTermination
Engineering
Facility Pull
Fiber Optic Patchcord Pull
DSO Cable Termination
DS1 Cable Termination
DS3 Coaxial Cable Termination
(Preconnectorized)
DS3 Coaxial Cable Termination
(Unconnectorized)
Fiber Optic Patchcord Termination
Fiber Cable Pull
Engineering
Place lnnerduct
PullCable
Cable Fire Retardant
Fiber Cable Splice
Engineering
Splice Cable
BITS Timing
Monthlv Recurrino Prlces
Relay Rack Floor Space
DC Power
Building Modiflcation
Environmental Conditioning
Facility Termination
DSO
DS1
D53
Fiber Optic Patchcord
Cable Rack Space - Metalllc
Cable Rack Space - Fiber
Fiber Optic Patchcord Duct Space
Manhole Space - Fiber
project
cable
wire
per
per
per
per termination NRC
per termination NRC
per occurrence
per occurrence
per card
per project
per cable run
per cable run
per 100 pair
per 28 pair
per termination
per project
per lin ft
per lin ft
per occurrence
per lin ft
per load amp
per request
per load amp
per 100 pr
per 28pr
per DS3
per connector
per cable run
per innerduct ft
per cable run
per project
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
$1,129.00
200.00
22.00
75.43
1341.62
18.12
2,440.00
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
per project
607.00
2.00
1.00
42.0O
project
fiber
project
per
per
per
31,00
70.00
307.00
20.00
14.79
201.00
2.28
4.00
16.00
11.00
1.01
2.OO
o.o2
0.56
6.00
Native Network lD Comp v4 062416 196
lncrement Rate
Cable Vault Spllce
Flber Cable - 48 Flber
Material
Flber Cable - 96 FIber
Material
BITS Timing
per
per splice
per splice
per @currence
MRC
MRC
MRC
0.04
10.00
27.OO
11.00
ffi
Native Netuoft lD @mpv4062416 197
Elements lncrement NRC / MRC Rate
Non-Recurrinq Prices
Engineering Fee
Facility Pull
Facility Termination
DSO Cable
Connectorized
Unconnectorized
DS1 Cable
Connectorized
Unconnectorized
DS3 (Coaxial) Cable
Connectorized
Unconnectorized
Fiber
Monthlv Recurrino Prices
Facility Termination
DSO
DS1
D53
Cable Vault Space
Fiber Cable - 48 fiber
Space Utilization
Fiber Cable - 96 fiber
Space Utilization
Cable Rack Space
Metallic DSO
Metallic DSl
Fiber
Coaxial
pr00
per
per
per 28 pr
per 28 pr
per occurrence
1 lin ft
100 pr
per DS3
per DS3
per fiber term
per 100 pr
per 28 pr
per coaxial
per subduct
per subduct
1 lin ft
1 linft
per innerduct ft
1 linft
NRC
NRC
NHC
NHC
NRC
NRC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
$958.00
2.OO
5.00
42.OO
2.OO
32.00
2.00
11.00
70.00
4.00
16.00
11.00
1.00
1.00
0.01
0.01
0.02
0.01
Native Network lD Comp v4O62416 198
Elements Increment NRC / MRC Rate
Engineering
Cable Pull/Termination
Ground Wire
Facility Cable or Fiber Optic Patchcord PulUTerminationEngineering per project
Facility Cable Pull per cable run
Fiber Optic Patchcord Pull per cable run
DSO Cable Termination per 100 pair
DS1 Cable Termination per 28 pair
DS3 Coaxial Cable Termination per termination
(Preconnectorized)
DS3 Coaxial Cable Termination per termination
(Unconnectorized)
Fiber Optic Patchcord Termination per termination
Fiber Cable PullEngineering per project
Place lnnerduct per lin ft
Pull Cable per lin ft
Cable Fire Retardant per occurrence
Fiber Cable SpliceEngineering per project
Splice Cable per fiber
BITS Timing per project
Monthlv Recurrinq Prices
Non-Recurrinq Prices
Engineering Costs
Engineering/Major Augment Fee
Equipment lnstallation
Software Upgrades
Card lnstallation
DC Power
Equipment Maintenance
DC Power
Environmental Conditioni ng
Facility Termination
DSO
DS1
D53
Fiber Optic Patchcord
Cable Rack Space - Metallic
Cable Rack Space - Fiber
Fiber Optic Patchcord Duct Space
project
cable
wire
per
per
per
per occurrence
per quarter rack
per base unit
per card
per quarter rack
per load amp
per load amp
per 100 pr
per 28 pr
per DS3
per connector
per cable run
per innerduct ft
per cable run
NRC
NRC
NRC
NRC
NRC
NHC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NBC
NHC
NRC
NRC
NRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
MRC
557.81
3,474.25
96.08
222.52
75.43
1341.62
18.12
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
607.00
2.00
1.00
42.0O
31.00
70.00
307.00
82.15
'14.79
2.28
4.00
16.00
11.00
1.01
2.00
o.o2
0.56
Native Network lD Comp v4 062416 199
lncrement NRC/ MRC Rate
Manhole Space - Fiber
Subduct Space - Flber
Cable Vault Spllce
Flber Cable - 48 Flber
Material
Flber Cable - 96 Flber
Material
BITS Tlmlng
per
per
project
lin ft MRC
MRC
MRC
MRC
6.00
0.04
10.00
27.OO
11.00
per splice
per splice
per occurrence
Native Netuork lD Comp v4 062416 200
Elements lncrement NRC / MRC Rate
Non-Recurrino Prlces
Augment Fee
Facility Pull
Engineering
Labor
Building Penetration for Microwave Cable
Special Work for Microwave
Monthlv Recurrino Prices
Rooftop Space
per occurrence NRC
per project
per linear ft
per occurrence
per occurrence
per sq ft
NRC
NRC
NRC
NRC
MRC
998.92
76.00
1.12
rcB
rcB
4.65
Native Netuork lD Comp v4 062416 201
Elements lncrement NRC / MRC Rate
Non-Recurrino Prices
DS0
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
DSl/DS3/Dark Fiber
Service Order - Semi-Mechanized
Service Order - Manual
Service Connection - CO Wiring
Service Connection - Provisioning
Lit Fiber
per order
per order
per jumper
per order
per order
per order
per jumper
per order
21.89
38.02
7.20
64.95
21.89
38.02
17.59
78.57
rcB
NRC
NRC
NRC
NRC
NRC
NHC
NRC
NRC
Native Network lD Comp v4 062416 202
Elements lncrement NRC / MRC Rate
Labor:
Overtime lnstallation Labor per rates below
Overtime Repair Labor per rates below
Additional lnstallation Testing Labor per rates below
Standby Labor per rates below
Testing & Maintenance with Other Telcos, Labor per rates below
Other Labor per rates below
Labor Rates:
Basic Time, Business Day, Per Technician
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Prem.Time,Outside Business Day, Per Tech
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
NRC
NRC
$42.83
z',t.41
NRC
NRC
100.00
75.00
NRC
NRC
150.00
125.00
Cable Material
Facility Cable-DS0 Cable (Connectorized) 100
pair
Facility Cable-DSl Cable (Connectorized)
Facility Cable-DS3 Coaxial Cable
per cable run NRC 324.00
per cable run
per cable run
NRC
NRC
301.00
82.00
Fiber Optic Patchcord - 24 Fiber (Connectorized)
Power Cable-Wire Power 1/0
Power Cable-Wire Power 2/0
Power Cable-Wire Power 3/0
Power Cable-Wire Power 4/0
Power Cable-Wire Power 350 MCM
Power Cable-Wire Power 500 MCM
Power Cable-Wire Power 750 MCM
Facility Cable - Category 5 Connectorized
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per cable run
per linear ft
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NRC
NBC
810.30
91.00
132.00
146.00
180.00
307.00
428.00
658.00
1.07
Collocation Space Report per premise NRC 1,218.00
Native Netv\/ork lD Comp v4062416 203
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Enoineerino/Maior Auoment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtual collocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is sutficient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
sufficient DC power facilities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
CentralOffice Engineers to attend status meetings.
Enqineerino/Maior Auoment Fee (Microwave Onlv). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is sufficient space, the best
location for the microwave antennae and other eliterior facilities, what building modifications are
necessary, if any, and if sufficient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Augment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additional AC or DC power systems, HVAC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or software
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Caoe Groundino Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator's cage.
BITS Timino. The non-recurring charge for BITS Timing includes engineering, materials, and
labor costs to wire a BITS port to the CLEC's equipment. lf requested, it is applied on a per
project basis.
Overhead Suoerstructure. The Overhead Superstructure charge is applied for each initial caged
and cageless collocation application. The Overhead Superstructure charge is designed to
recover Frontier's engineering, material, and installation costs for extending dedicated overhead
superstructure.
Facilitv Cable or Fiber Ootic Patchcord Pull/Termination-Enoineerino. The Facility Cable or Fiber
Optic Patchcord Pullffermination-Engineering charge is applied per project to recover the
engineering costs of pulling and terminating the interconnection wire (cable or fiber patchcord)
from the collocation cage or relay rack to the Main Distribution Frame block, DSX panel, or fiber
distribution panel. The charge would also apply per project to recover the engineering costs of
pulling transmission cable from microwave antennae facilities on the rooftop to the collocation
cage or relay rack.
Native Network lD Comp v4 062416 204
Facilitv Pull. The Facility Pull charge is applied per cable run and recovers the labor cost of
pulling metallic cable or fiber optic patchcord from the collocation cage or relay rack to the Main
Distribution Frame block, DSX panel, or fiber distribution panel.
Cable Termination. The Cable Termination charge is applied per cable or fiber optic patchcord
terminated and is designed to recover the labor cost of terminating or disconnecting transmission
cable or fiber optic patchcord from the collocation cage or relay rack to the Main Distribution
Frame block, DSX panel, or fiber distribution panel.
Fiber Cable Pull-Enoineerinq. The Fiber Cable Pull-Engineering charge is applied per project to
cover the engineering costs for pulling the CLEC's fiber cable, when necessary, into Frontier's
central office.
Fiber Cable Pull-Place lnnerduct The Fiber Cable Pull-Place lnnerduct charge is applied per
linear foot to cover the cost of placing innerduct. lnnerduct is the split plastic duct placed from the
cable vault to the CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pulling
the CLEC's fiber cable into Frontier's central office.
Fiber Cable Pull-Fire Retardant. This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from
spreading from one room or floor to another.
Fiber Ootic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.
Fiber Solice-Enoineerinq. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.
Fiber Solice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Frontier's engineering and installation costs for pulling and terminating DC power
cables to the collocation area. For initial applications, each DC Power feed will require two (2)
cables.
Cable Material Charqes. The CLEC has the option of providing its own cable or Frontier may, at
the CLEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. lf Frontier provides these cables, the applicable Cable
Material Charge willbe charged.
Adiacent Enqineerino Fee. The Adjacent Engineering Fee provides for the initial activities of the
Central Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer
associated with determining the capabilities of providing Adjacent On-Site collocation. The labor
charges are for an on-site visit, preliminary investigation of the manhole/conduit systems, wire
center and property, and contacting other agencies that could impact the provisioning of adjacent
collocation.
Adiacent Facilitv Pull-Labor. This charge covers the labor of running the interconnection wire
(cable) from the main distribution frame connector to a termination block or DSX panel.
Adiacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for
adjacent collocation to the main distribution frame block or DSX panel.
Native Netvrork lD Comp v4 062416 205
Col'iocation Soace Reoort. When requested by a CLEC, Frontier will submit a report that
indicates Frontier's available collocation space in a particular premise. The report will be issued
within ten calendar days of the request. The report will specify the amount of collocation space
available at each requested premise, the number of collocators, and any modifications in the use
of the space since the last report. The report will also include measures that Frontier is taking to
make additional space available for collocation.
Miscellaneous Services Labor. Additional labor, if required, by Frontier to complete a collocation
request, disconnect collocation power cables, remove collocation equipments, or perform
inventory services for CLECS.
Facilitv Pull (Microwave Onlv). The Facility Pull charge is applied per linear foot and recovers the
labor cost of pulling transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Buildino Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilities and other exterior facilities to the
transmission equipment in the collocation cage or relay rack will be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Soecial Work for Microwave. The costs incurred by Frontier for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
will be determined and applied on an individualcase basis.
Virtual Eouioment lnstallation. The Virtual Equipment lnstallation charge is applied on a per quarter
rack (or quarter bay) basis and recovers the costs incurred by Frontier for engineering and
installation of the virtual collocation equipment. This charge would apply to the installation of powered
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the installation of splitters.
Virtual Software Uporade. The Virtual Software Upgrade charge is applied per base unit when
Frontier, upon CLEC request, installs software to upgrade equipment for an existing Virtual
Collocation arrangement.
Virtual Card lnstallation. The Virtual Card lnstallation charge is applied per card when Frontier, upon
CLEC request, installs additionalcards lor an existing Virtual Collocation arrangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manualcharge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1, DS3,
and dark fiber circuits.
Dedicated Transit Seruice (DTS) - Service Connection Provisioning. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DS0,
DS1, DS3, and dark fiber circuits for DTS.
Native Network lD Comp v4 062416 206
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caqed Floor Soace. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relav Rack Floor Soace. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that will be placed within the rack.
Cable Subduct Soace-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber occupies within the manhole.
Cable Subduct Soace. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Frontier's cable
vault.
Cable Flack Soace-Metallic. The Cable Space-Metallic charge is applied for each DSO, DS1 and
DS3 cable run. The charge is designed to recover the space utilization cost that the CLEC's
metallic and coaxial cable occupies within Frontier.
Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization
cost that the CLEC's fiber cable occupies within Frontier's cable rack system.
Fiber Ootic Patchcord Duct Soace. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central office duct space occupied by the fiber optic patchcord
cable.
DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.
Facilitv Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution panel.
BITS Timino. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.
Buildino Modilication. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Frontier's
premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
Environmental Conditionino. The Environmental Conditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
Native Network lD Comp v4 062416 207
CLEC's DC Power requirements. This charge is associated with the provisioning of heating,
ventilation, and air conditioning systems for the CLEC's equipment in Frontier's premises.
Adiacent Cable Vault Soace. The Adjacent Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.
Adiacent Cable Rack Soace. This charge covers the space utilization cost that the CLEC's fiber,
metallic or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.
Microwave Rooftoo Soace. Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.
Virtual Eouipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or quarter bay) basis and recovers the costs incurred by the Company for maintenance
of the CLEC's virtual collocation equipment. This charge would apply to the maintenance of
equipment including, but not limited to, ATM, DSLAM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the maintenance of splitters.
Native Network lD Comp v4062416 208
1
EXHIBIT A TO SECTTON 3.1 (FIBER MEET ARRANGEMENT) OF THE INTERCONNECTION
ATTACHMENT
Technical Specifications and Requirements
for
Native Network - FRONTIER COMMUNICATIONS NORTHWEST lNC.
Fiber Meet Arrangement No. [XX]
The following technical specifications and requirements will apply to Native Network - Frontier
Communications Northwest lnc. Fiber Meet Arrangement [NUMBER] ("FM No. [XX]"):
FM No. [XX] will provide interconnection facilities lor the exchange of applicable traffic (as
set forth in the Amendment) between Frontier's [NAME OF TANDEM/END OFFICE] and
Native Network's [NAME OF TANDEM/END OFFICE] in the State of ldaho. A diagram of
FM No. [XX] is included as Exhibit A-1.
2. Fiber Meet Points ("FMPs").
2.1 FM No. [XX] will be configured as shown on Exhibit A-1. FM No. [XX] will have
two FMPs. Neither FMP is more than three (3) miles from the nearest Frontier
Tandem or End Office.
2.2 Frontier will provision a Fiber Network lnterface Device ("FN|D") at [POLE XX,
STREET YY, TOWN ZZ, STATEIand terminate t I strands of its fiber optic
cable in the FNID. The FNID provisioned by Frontier will be a
[MANUFACTURER, MODEL]. Frontier will bear the cost of installing and
maintaining its FNID. The fiber patch panel within Frontier's FNID willserve as
FMP No. 1. Frontier will provide a fiber stub at the fiber patch panel in Frontier's
FNID for Native Network to connect t ] strands of its fiber cable L-I
connectors. Frontier's FNID will be locked, but Frontier and Native Network will
have 24 hour access to their respective side of the fiber patch panel located in
Frontier's FNID.
2.3 Native Network will provision a FNID at [POLE XX, STREET YY, TOWN ZZ,
STATE] and terminate I ] strands of its fiber optic cable in the FNID. The
FNID provisioned by Native Network will be a IMANUFACTUBER, MODEL].
Native Network will bear the cost of installing and maintaining its FNID. The fiber
patch panelwithin Native Network's FNID willserve as FMP No. 2. Native
Network will provide a fiber stub at the fiber patch panel in Native Network's
FNID for Frontier to connect t I strands of its fiber cable. Native Network's
FNID will be locked, but Native Network and Frontier will have 24 hour access to
their respective side of the fiber patch panel located in Native Network's FNID.
3. Transmission Characteristics.
3.1 FM No. [XX]will be built [as a ring configuration]
3.2 The transmission interface for FM No. [XX]will be [Synchronous Optical Network
('soNET',)1.
Native Network lD Comp v4062416 209
3.3
3.4
3.5
3.6
3.7
Terminating equipment shall comply with [SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11)1.
The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
The optical transmission rate will be [Unidirectional] OC-[XX].
The path switch protection shall be set as [Non-Revertive]
Frontier and Native Network shall provide [Primary Reference Source traceable
timingl.
4. Add Droo Multiplexer.
4.1 Frontier will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Frontier will use a [MANUFACTURER, MODEL] Add Drop
Multiplexer with firmware release of [X.X] at the network level. Before making
any upgrade or change to the firmware of its Add Drop Multiplexer, Frontier must
provide Native Network with fourteen (14) days advance written notice that
describes the upgrade or change to its firmware and states the date on which
such firmware willbe activated in Frontier's Add Drop Multiplexer.
4.2 Native Network will, at its own cost, obtain and install (at its own premise) its own
Add Drop Multiplexer. Native Network will use a [MANUFACTURER, MODEL]
Add Drop Multiplexer with firmware release of [X.X] at the network level. Before
making any upgrade or change to the firmware of its Add Drop Multiplexer,
Native Network must provide Frontier with fourteen (14) days advance written
notice that describes the upgrade or change to its firmware and states the date
on which such firmware or software will be activated in Native Network's Add
Drop Multiplexer.
4.3 Native Network and Frontier will monitor allfirmware upgrades and changes to
observe for any failures or anomalies adversely affecting service or
administration. lf any upgrade or change to firmware adversely affects service or
administration of FM No. [XX], the firmware will be removed from the Add Drop
Multiplexer and will revert to the previous version of firmware.
The Data Communication Channel shall be disabled between the Frontier and
Native Network Add Drop Multiplexers of FM No. [XX].
5.Testino.
5.1 Prior to turn-up of FM No. [XX], Frontier and Native Network will mutually develop
and implement testing procedures for FM No. [XX]
6. Connectino Facilitv Assionment ("CFA'l and Slot Assionment Allocation ("SAA").
6.1 For one-way and two-way trunk arrangements, the SAA information will be
turned over to Native Network as a final step of turn up of the FM No. [XX].
6.2 For one-way trunk arrangements, Frontier will control the CFA for the subtending
facilities and trunks connected to Frontier's slots and Native Network will control
the CFA for the subtending facilities and trunks connected to Native Network's
4.4
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slots. Native Network will place facility orders against the first half of lhe fully
configured slots (for example, slots 1-6 of a fully configured OC12) and Frontier
will place orders against the second half of the slots (for example, slots 7-12). lf
either Party needs the other Party's additional slot capacity to place orders, this
will be negotiated and assigned on a case-by-case basis. For SAA, Frontier and
Native Network shalljointly designate the slot assignments for Frontier's Add
Drop Multiplexers and Native Network's Add Drop Multiplexer in FM No. [XX].
6.3 For two-way trunk arrangements, Native Network shall control the CFA for the
subtending facilities and trunks connected to FM No. [XX]. Native Network shall
place facility and trunk orders against the total available SAA capacity of FM No.
txxl.
7. lnventory. Provisionino and Maintenance. Surveillance. and Restoration.
7.1 Frontier and Native Network will inventory FM No. [XX] in their operational
support systems before the order flow begins.
7.2 Frontier and Native Network will notify each other's respective Maintenance
Control Office of all troubleshooting and scheduled maintenance activity to be
performed on FM No. [XX] facilities prior to undertaking such work, and will
advise each other of the trouble reporting and maintenance control point contact
numbers and the days and hours of operation. Each Party shall provide a timely
response to the other Party's action requests or status inquiries.
7.3 Frontier will be responsible for the provisioning and maintenance of the FM No.
[XX] transport facilities on Frontier's side of the FMPs, as well as delivering its
applicable traffic to the FMPs. Native Network will be responsible for the
provisioning and maintenance of the FM No. [XX] transport facilities on the
Native Network's side of the FMPs, as well as delivering its applicable traffic to
the FMPs. As such, other than payment of any applicable intercarrier
compensation charges pursuant to the terms of the Agreement, neither Party
shall have any obligation to pay the other Party any charges in connection with
FM No. [XX].
7.4 Frontier and Native Network will provide alarm surveillance for their respective
FM No. [XX] transport facilities. Frontier and Native Network will notify each
other's respective maintenance control office of all troubleshooting and
scheduled maintenance activity to be performed on the facility prior to
undertaking such work, and will advise each other of the trouble reporting and
maintenance control point contact numbers and the days and hours of operation.
8. Cancellation or Modification of FM No. [XXl.
8.1 Except as otherwise provided in this Section 8, all expenses and costs
associated with the construction, operation, use and maintenance of FM No. [XX]
on each Party's respective side of the FMPs will be borne by such Party.
lf either Party terminates the construction of the FM No. [XX] before it is used to
exchange tratfic, the Pafi terminating the construction of FM No. [XX] will
compensate the other Party for that Party's reasonable actual incurred
construction and/or implementation expenses.
lf either Party proposes to move or change FM No. [XX] as set forth in this
document, at any time before or after it is used to exchange traffic, the Party
8.2
8.3
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requesting the move or change will compensate the other Party for that Party's
reasonable actual incurred construction and/or implementation expenses.
Augments, moves and changes to FM No. [XX] as set forth in this document
must be mutually agreed upon by the Parties in writing.
Natlve Network,lnc.
Date:
FRONTIER COMMUNICATIONS NORTHWEST
rNc.
By:
TO BE EXECUTED AT A LATER DATE
Native Netlrcrk lD Comp v4 062416 212
Exhibit A-l
Natlve Network- FRONTIER COMMUNICATIONS NORTHWEST lNC.
Fiber Meet Arrangement No. [XXl
City, State
Native Netvrcrk lD Comp v4 062416 213