20180522Application.pdf

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REC E IVE D
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21 WestAve
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]OMMUNICATlONS
May 22,2018
Ms. Diane Hanian
Commission Secretary
IDAHO PUBLIC UTILITIES COMMISSION
47 2 W est Washington Street
Boise, lD 83720
'/ZN A- l8-oe
Attached please find an original and three (3) copies of the lnterconnection Agreement
between Onvoy, LLC and Frontier Communications Northwest lnc. (Frontier).
Please direct any questions on this filing to Leslie Zink at [phone] , or
[e-mail].
Leslie Zink
Sr. Manager, Pricing & Tariffs
LZ: lms
Enclosures
AGREEMENT FOR
LOCAL INTERCONNECTION
by and between
ONVOY, LLC
and
FRONTIER COMMUNICATIONS NORTHWEST INC.
FOR THE STATE OF
IDAHO
TABLE OF CONTENTS
AGREEMENT ,l
1.
2. Term and Termination ...............2
3. Glossary and Attachments 2
5. Assignment .4
6. Assurance of Payment ..............4
7.
9. Billing and Payment; Disputed Amounts.... ....................6
10. Confidentiality 7
11. Counterparts 9
12. Default..I
13. Discontinuance of Seruice by Onvoy 9
14. Dispute Resolution ..................10
15. Force Majeure 10
16. Forecasts 10
18. Good Faith Performince 11
20. lndemnification 11
22. lntellectual Property
23. Joint Work Product.
14
15
15
{5
24. Law Enforcement.........
25. Liability
Onvoy Comprehensive ICA lD F13 010318.docx
27. Non-ExclusiveRemedies 17
28. Notice of Network Changes.... ....................17
29. Notices ..................18
30. Ordering and Maintenance........... ..............18
31. Performance Standards ..........19
32. Point of Contact for Onvoy Customers .........................19
33. Predecessor Agreements
34. Publicity and Use of Trademarks or Seruice Marks.........
35. References
36. Relationship of the Parties
37. Reservation of Rights..
38. Subcontractors
39. SuccessorsandAssigns.................
40. Survival
41. Taxes....
19
20
20
20
21
21
21
21
22
24
24
24
24
42. Technology Upgrades
43. Territory
4. Third Party Beneficiaries
45. [This Section lntentionally Left Blank]
47. Use of Service ......25
49. Warranties 25
50. Withdrawal of Services 25
Onvoy Comprehensive ICA lD F13 0103'l8.docx
27
2. Definitions ............27
ADDTTTONAL SERVICES ATTACHMENT............... .........43
1. Alternate Billed Galls .43
.43
.43
.43
.45
.46
.46
.46
.52
.52
.53
.53
2. Dialing Parity - Section 251(bX3)
3. ffhis Section lntentionally Left Blank]
4. Directory Listing and Directory Distribution..
5. Voice Information Seruice Traffic
6. lntercept and Referral Announcements
7. Originating Line Number Screening (OLNS)...
8. Operations Support Systems (OSS)Services
9. Poles, Ducts, Conduits and Rights-of-Way........
10. Telephone Numbers
11. Routing for Operator Services and Directory Assistance Traffic...
12. Unauthorized Carrier Change Charges
1.
2. Points of lnterconnection and Trunk Types .................55
3. Alternative lnterconnection Arrangements....... ............59
5. Transmission and Routing of Telephone Exchange Service Traffic..................62
6. Traffic Measurement and Billing over lnterconnection Trunks ......63
7. Reciprocal Compensation Arrangements Pursuant to Section 251(bxs) of the
Act .64
8. Other Types of Traffic .65
9. Transmission and Routing of Exchange Access Traffic .................66
10. Meet-PointBilling(MPB)Arrangements .66
11. Toll Free Service Access Code (e.9.,800/888/877) Traffic
Onvoy Comprehensive ICA lD F13 010318.docx iii
.69
12. Tandem Transit Traffic 71
13. Number Resources, Rate Center Areas and Routing Points 72
14. Joint Network lmplementation and Grooming Process; Forecasting................73
15. Number Portability - Section 251(BX2).... ......................74
2. Arrangements With Third Party Tandem Provider..... ......................77
3. lnitiating Traffic Exchange Under This Attachment........... ..............78
4. Traffic Measurement and Billing 78
5. Reciprocal Compensation Arrangements Pursuant to Section 251(bxs) of the
Act 79
6. Other Types of Traffic .81
7. To!! Free Service Access Code (e.9., 800/888/877) Traffic ..81
8. Number Resources, Rate Center Areas and Routing Points ..........82
9. Number Portability - Section 251(BX2).... ......................83
1. General.....86
2. Use of Frontier Telecommunications Services ..86
3. Availability of Frontier Telecommunications Services ..87
4. Responsibility for Charges ..87
5. Operations Matters ..................88
6. Rates and Charges ..................88
7. Good Faith Performance.................. ...........89
NETWORK ELEMENTS ATTACHMENT.............. ............90
1. General...... ............90
2. Frontier's Provision of Network Elements... .................93
Onvoy Comprehensive ICA lD F13 010318.docx iv
3. Loop Transmission Types ......94
4. Line Splitting (also referred to as "Loop Sharing")
5. [This Section lntentionally Left Blank]
6. Sub-Loop
7. Sub-Loop for Multiunit Tenant Premises Access
8. fintentionally Left B|ank1.........
9. NetworklnterfaceDevice........
10. [This Section lntentionally Left Blank]
11. DedicatedTransport...
12. flhis Section lntentionally Left Blankl
13. Operations Support Systems
14. Availability of Other Network Elements on an Unbundled Basis
15. Maintenance of Network Elements
16. Combinations,Commingling,andConversions
17. RoutineNetworkModifications..................
18. Rates and Charges
19. GoodFaithPerformance..................
COLLOCATION ATTACH MENT
1.Frontier's Provision of Collocation...............117
r63
163
163
164
165
165
166
r66
3. 9-1-1/E9-1-1lnterconnection.............
104
105
105
109
109
109
110
110
1r0
110
111
112
112
115
.l16
116
117
4. 9-1-l/E9-1-1 General
5. Good Faith Performance..................
PRICING ATTACHMENT
1.General......
Onvoy Comprehenslve ICA lD F13 010318.docx
9.1-1 ATTACHMENT
2. Frontier Telecommunications Services Provided to Onvoy for Resale Pursuant
to the Resale Aftachment ......166
3. Onvoy Prices......... .................168
4. flhis Section lntentionally Left Blank] ....168
5. Regulatory Review of Prices ....................168
APPENDIX A TO THE PRICING ATTACHMENT.............. .................170
EXHTBTT A TO SECTION 3.1 (FTBER MEET ARRANGEMENT)OF THE TNTERCONNECTTONATTACHMENT............... ..........195
Onvoy Comprehensive ICA lD F13 010318.docx vi
1
AGREEMENT
PREFACE
This Agreement ('Agreement') shall be deemed effective as of April 15, 2018 (the 'Effective
Date"), between Onvoy, LLC ('Onvoy'), a limited liability company organized under the laws of
the State of Minnesota, with offices at 10300 6th Avenue North, Plymouth, MN 55441 and
Frontier Communications Northwest lnc., a corporation organized under the laws of the State of
Washington, ("Frontier") with offices at 401 Merritt 7, Nonrualk, CT 06851, (Frontier and Onvoy
may be referred to hereinafter, each, individually as a "Party", and, collectively, as the "Parties").
GENERAL TERMS AND CONDITIONS
ln consideration of the mutual promises contained in this Agreement, and intending to be legally
bound, pursuant to Section 252 of the Act, Frontier and Onvoy hereby agree as follows:
The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each
Party applicable to the Services that are offered for sale by it in the Principal
Document (which Tariffs are incorporated into and made a part of this Agreement
by reference); and, (c) an Order by a Party that has been accepted by the other
Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but
not limited to, the Pricing Attachment), conflicts among provisions in the Principal
Document, Tariffs, and an Order by a Party that has been accepted by the other
Party, shall be resolved in accordance with the following order of precedence,
where the document identified in subsection "(a)" shall have the highest
precedence: (a) the Principal Document; (b) the Tariffs; and, (c) an Order by a
Party that has been accepted by the other Party. The fact that a provision
appears in the Principal Document but not in a Tariff, or in a Tariff but not in the
Principal Document, shall not be interpreted as, or deemed grounds for finding, a
conflict for the purposes of this Section 1.2.
1.3 This Agreement constitutes the entire agreement between the Parties on the
subject mafter hereof, and supersedes any prior or contemporaneous
agreement, understanding, or representation, on the subject mafter hereof,
provided, however, notwithstanding any other provision of this Agreement or
otherwise, this Agreement is an amendment, extension and restatement of the
Parties' prior interconnection and resale agreement(s), if any, and, as such, this
Agreement is not intended to be, nor shall it be construed to create, a novation or
accord and satisfaction with respect to any prior interconnection or resale
agreements and, accordingly, all monetary obligations of the Parties to one
another under any prior interconnection or resale agreements shall remain in full
force and effect and shall constitute monetary obligations of the Parties under
this Agreement (provided, however, that nothing contained in this Agreement
shall convert any claim or debt that would otherwise constitute a prepetition claim
or debt in a bankruptcy case into a postpetition claim or debt). ln connection with
the foregoing, Frontier expressly 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 Onvoy.
1.4 Except as otherwise provided in the Principal Document, the Principal Document
may not be waived or modified except by a written document that is signed by
Onvoy Comprehensive ICA lD F13 010318.docx 1
2.
4.
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.
Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled
or terminated earlier in accordance with the terms hereof, shall continue in effect
until April 14,2020 (the "lnitial Term"). Thereafter, this Agreement shall continue
in force and effect unless and until cancelled or terminated as provided in this
Agreement.
2.2 Either Onvoy 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 Onvoy or Frontier provides notice of termination pursuant to Section 2.2
and on or before the proposed date of termination either Onvoy or Frontier has
requested negotiation of a new interconnection agreement, unless this
Agreement is cancelled or terminated earlier in accordance with the terms hereof
(including, but not limited to, pursuant to Section 12), this Agreement shall
remain in effect until the earlier of: (a) the effective date of a new interconnection
agreement between Onvoy and Frontier; or, (b) the date one (1) year after the
proposed date of termination.
2.4 lf either Onvoy 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
Onvoy nor Frontier has requested negotiation of a new interconnection
agreement, (a) this Agreement will terminate at 11:59 PM Eastern Time on the
proposed date of termination, and (b) the Services being provided under this
Agreement at the time of termination will be terminated, except to the extent that
the Purchasing Party has requested that such Services continue to be provided
pursuant to an applicable Tariff or Statement of Generally Available Terms
(sGAT).
Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Attachment
I ntercon nection Attachment
Traffic Exchange Attachment
Resale Attachment
Network Elements Attachment
Collocation Attachment
9-1-1 Attachment
Pricing Attachment
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
3
Onvoy Comprehensive ICA lD F13 010318.docx 2
4.2
4.3
4.4
4.5
State of ldaho, without regard to its conflicts of laws rules. Alldisputes 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 othenryise,
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 Onvoy a Service that is
not offered under this Agreement to Onvoy, the terms, conditions and
prices for such Service (including, but not limited to, the terms and
conditions defining the Service and stating when and where the
Service will be available and how it will be used, and terms, conditions
and prices for pre-ordering, ordering, provisioning, repair, maintenance
and billing) shall be as provided in an applicable Frontier Tariff, or, in
the absence of an applicable Frontier Tariff, as mutually agreed by the
Parties in a written amendment to the Agreement that, upon the
request of either Party, the Parties shall negotiate in accordance with
the requirements of Section 252 of the Act. ln no event shall Frontier
be required to provide any such Service in the absence of such a
Frontier Tariff or amendment.
4.6
3Onvoy Comprehensive ICA lD F13 010318.docx
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 Onvoy hereunder, then Frontier may discontinue the provision
of any such Service, payment or benefit, and Onvoy shall reimburse Frontier for
any payment previously made by Frontier to Onvoy that was not required by
Applicable Law. Frontier will provide thirty (30) days prior written notice to Onvoy
of any such discontinuance of a Service, unless a different notice period or
different conditions are specified in this Agreement (including, but not limited to,
in the Networks Element Attachment or an applicable Tariff) or Applicable Law
for termination of such Service in which event such specified period and/or
conditions shall apply. For the avoidance of any doubt, this Section 4.7 is self-
effectuating and no amendment to this Agreement shall be required to implement
it.
5. Assignment
Neither Party may assign this Agreement or any right or interest under this Agreement,
nor delegate any obligation under this Agreement, without the prior written consent of the
other Party, which consent shall not be unreasonably withheld, conditioned or delayed.
Any attempted assignment or delegation in violation of this Section 5 shall be void and
ineffective and constitute default of this Agreement.
6. Assurance of Payment
6.1 lf an event specified in Section 6.2 occurs, then upon request by Frontier, Onvoy
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. Adequate
assurance of payment is subject to the limitations in Section 6.3.
6.2 Assurance of payment of charges may be requested by Frontier if Onvoy (a) prior
to the Effective Date, has failed to timely pay a bill rendered to Onvoy by Frontier
or its Affiliates, (b) on or after the Effective Date, fails to timely pay a bill rendered
to Onvoy by Frontier or its Affiliates, (c) in Frontier's reasonable judgment, at the
Effective Date or at any time thereafter, is unable to demonstrate that it is
creditworthy, or (d) admits its inability to pay its debts as such debts become due,
has commenced a voluntary case (or has had a case commenced against it)
under the U.S. Bankruptcy Code or any other law relating to bankruptcy,
insolvency, reorganization, winding-up, composition or adjustment of debts or the
like, has made an assignment for the benefit of creditors or is subject to a
receivership or similar proceeding.
6.3 Unless otherwise agreed by the Parties, the assurance of payment shall consist
of, at Onvoy's election, a cash security deposit or an unconditional, irrevocable
standby lefter 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 adequate assurance of payment shall be in an
amount equal to two (2) months anticipated charges (including, but not limited to,
both recurring and non-recurring charges), as reasonably determined by Frontier,
for the Services to be provided by Frontier to Onvoy in connection with this
Agreement. lf Onvoy 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 Onvoy
shall provide) additional assurance of payment, consisting of monthly advanced
payments of estimated charges as reasonably determined by Frontier, with
Onvoy Comprehensive ICA lD F13 010318.docx 4
7,
appropriate true-up against actual billed charges no more frequently than once
per Calendar Quarter.
Intentionally Left Blank].
Intentionally Left Blank].
Frontier may (but is not obligated to) draw on the assurance of payment upon
notice to Onvoy in respect of any amounts to be paid by Onvoy 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 assurance of payment, upon request by Frontier, Onvoy
shall provide a replacement or supplemental assurance of payment 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 Onvoy has provided Frontier with such assurance of payment.
The fact that adequate assurance of payment is requested by Frontier hereunder
shall in no way relieve Onvoy 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 Party") may audit the other Party's ("Audited Party") books, records,
documents, facilities and systems for the purpose of evaluating the accuracy of
the Audited Party's bills. Such audits may be performed once in each Calendar
Year; provided, however, that audits may be conducted more frequently (but no
more frequently than once in each Calendar Quarter) if the immediately
preceding audit found previously uncorrected net inaccuracies in billing in favor
of the Audited Party having an aggregate value of at least $1,000,000.
The audit shall be performed by independent certified public accountants
selected and paid by the Auditing Party. The accountants shall be reasonably
acceptable to the Audited Party. Prior to commencing the audit, the accountants
shall execute an agreement with the Audited Party in a form reasonably
acceptable to the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the accountants. The audit shall take place at
a time and place agreed upon by the Parties; provided, that the Auditing Party
may require that the audit commence no later than sixty (60) days after the
Auditing Party has given notice of the audit to the Audited Party.
Each Party shall cooperate fully in any such audit, providing reasonable access
at reasonable times 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,
6.4
6.5
6.6
6.7
6.8
6.9
Audits
7.',|
7.2
7,3
7.4
Onvoy Comprehensive ICA lD F13 010318.docx 5
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party's bills.
8. Authorization
8.1 Frontier Communications Northwest lnc. 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 Onvoy, LLC represents and warrants that it is a limited liability company duly
organized, validly existing and in good standing under the laws of the State of
Minnesota, and has full power and authority to execute and deliver this
Agreement and to perform its obligations under this Agreement.
Onvoy Certification.8.3
Notwithstanding any other provision of this Agreement, Frontier shall have no
obligation to perform under this Agreement until such time as Onvoy has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting business in the State of ldaho. Onvoy shall not
place any Orders under this Agreement until it has obtained such authorization.
Onvoy shall provide proof of such authorization to Frontier upon request.
9. Billing and Payment; Disputed Amounts
9.1 Except as otherwise provided in this Agreement, each Party shall submit to the
other Party on a monthly basis in an itemized form, statement(s) of charges
incurred by the other Party under this Agreement.
9.2 Except as otherwise provided in this Agreement, payment of amounts billed for
Services provided under this Agreement, whether billed on a monthly basis or as
otherwise provided in this Agreement, shall be due, in immediately available U.S.
funds, on the later of the following dates (the "Due Date"): (a) the due date
specified on the billing Party's statement; or (b) twenty (20) days after the date
the statement is received by the billed Party. Payments shall be transmitted by
electron ic funds transfer.
9.3 lf any portion of an amount billed by a Party under this Agreement is subject to a
good faith dispute between the Parties, the billed Party shall give notice to the
billing Party of the amounts it disputes ("Disputed Amounts") and include in such
notice the specific details and reasons for disputing each item. A Party may also
dispute prospectively with a single notice a class of charges that it disputes.
Notice of a dispute may be given by a Party at any time, either before or after an
amount is paid, and a Party's payment of an amount shall not constitute a waiver
of such Party's right to subsequently dispute its obligation to pay such amount or
to seek a refund of any amount paid. The billed Party shall pay by the Due Date
all undisputed amounts. Billing disputes shall be subject to the terms of Section
14, Dispute Resolution.
9.4 Charges due to the billing Party that are not paid by the Due Date, shall be
subject to a late payment charge. The late payment charge shall be in an
amount specified by the billing Party which shall not exceed a rate of one-and-
one-half percent (1.SYo) of the overdue amount (including any unpaid previously
billed late payment charges) per month.
Onvoy Comprehensive ICA lD F13 0103l8.docx 6
9.5
10. Confidentiality
10.1
Although it is the intent of both Parties to submit timely statements of charges,
failure by either Party to present statements to the other Party in a timely manner
shall not constitute a breach or default, or a waiver of the right to payment of the
incurred charges, by the billing Party under this Agreement. Neither Party shall
initiate credit claims or bill the other Party for previously unbilled, under-billed or
over-billed charges for Services that were provided more than two (2) years prior
to the applicable lnvoice date or date on which a credit was claimed.
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);
10.1.4 information related to specific facilities or equipment (including, but not
limited to, cable and pair information);
10.1.5 any information that is in written, graphic, electromagnetic, or other
tangible form, and marked at the time of disclosure as "Confidential" or
"Proprietary"; and
any information that is communicated orally or visually and declared to
the Receiving Party at the time of disclosure, and by written notice with
a statement of the information given to the Receiving Party within ten
(10) days after disclosure, to be "Confidential" or'Proprietary" or any
other information that a reasonable person would obviously
understand to be confidential due to the context of the disclosure or
the nature of the information itself.
10.1 .6
Notwithstanding any other provision of this Agreement, a Party shall have the
right to refuse to accept receipt of information which the other Party has identified
as Confidential lnformation 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 I nformation received from
the Disclosing Party in confidence and restrict disclosure of the
Confidential lnformation solely to those of the Receiving Party's
Affiliates and the directors, officers, employees, Agents and
10.1.2
10.1.3
10.2
Onvoy Comprehensive ICA lD F13 010318.docx 7
contractors of the Receiving Party and the Receiving Party's Affiliates,
that have a need to receive such Confidential lnformation in order to
perform the Receiving Party's obligations under this Agreement. The
Receiving Party's Affiliates and the directors, officers, employees,
Agents and contractors of the Receiving Party and the Receiving
Party's Affiliates, shall be required by the Receiving Party to comply
with the provisions of this Section 10 in the same manner as the
Receiving Party. The Receiving Party shall be liable for any failure of
the Receiving Party's Affiliates or the directors, officers, employees,
Agents or contractors of the Receiving Party or the Receiving Party's
Affiliates, to comply with the provisions of this Section 10.
10.3 The Receiving Party shall return or destroy all Confidential lnformation received
from the Disclosing Party, including any copies made by the Receiving Party,
within thirty (30) days after a written request by the Disclosing Party is delivered
to the Receiving Party, except for (a) Confidential lnformation that the Receiving
Party reasonably requires to perform its obligations under this Agreement, and
(b) one copy for archival purposes only.
10.4 Unless otherwise agreed, the obligations of Sections 10.2 and 10.3 do not apply
to information that:
10.4.1 was, at the time of receipt, already in the possession of or known to
the Receiving Party free of any obligation of confidentiality and
restriction on use;
10.4.2 is or becomes publicly available or known through no breach of this
Agreement by 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 (including government or court orders), provided that
the Receiving Party shall have made commercially reasonable efforts
to give adequate notice of the requirement to the Disclosing Party in
order to enable the Disclosing Party to seek protective arrangements.
10.5 Notwithstanding the provisions of Sections 10.1 through 10.4, the Receiving
Party may use and disclose Confidential lnformation received from the Disclosing
Party to the extent necessary to enforce the Receiving Party's rights under this
Agreement or Applicable Law. ln making any such disclosure, the Receiving
Party shall make reasonable efforts to preserve the confidentiality and restrict the
use of the Confidential lnformation while it is in the possession of any person to
whom it is disclosed, including, but not limited to, by requesting any
governmental entity to whom the Confidential lnformation is disclosed to treat it
as confidential and restrict its use to purposes related to the proceeding pending
before it.
Onvoy Comprehensive ICA lD F13 010318.docx 8
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.5222,
and are not intended to constitute a waiver by a Party of any right with regard to
the use, or protection of the confidentiality of, CPNI provided by Applicable Law.
10.8 Each Party's obligations under this Section 10 shall survive expiration,
cancellation or termination of this Agreement.
11. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
12. Default
13.
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 Onvoy
13.1 lf Onvoy 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, Onvoy shall send written notice of such
discontinuance to Frontier, the Commission, and each of Onvoy's Customers.
Onvoy 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, Onvoy
shall send such notice at least thirty (30) days prior to its discontinuance of
service.
13.2 Such notice must advise each Onvoy Customer that unless action is taken by the
Onvoy Customer to switch to a different carrier prior to Onvoy's proposed
discontinuance of service, the Onvoy Customer will be without the service
provided by Onvoy to the Onvoy Customer.
13.3 Subject to any limitations under Applicable Law, Should an Onvoy Customer
subsequently become a Frontier Customer, Onvoy shall provide Frontier with all
information necessary for Frontier to establish service for the Onvoy Customer,
including, but not limited to, the Onvoy Customer's billed name, listed name,
service address, and billing address, and the services being provided to the
Onvoy Customer.
Onvoy Comprehensive ICA lD F13 010318.docx I
14.
13.4 Nothing in this Section 13 shall limit Frontier's right to cancel or terminate this
Agreement or suspend provision of Services under this Agreement.
Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any dispute between the Parties
regarding the interpretation or enforcement of this Agreement or any of its terms
shall be addressed by good faith negotiation between the Parties. To initiate
such negotiation, a Party must provide to the other Party written notice of the
dispute that includes both a detailed description of the dispute or alleged
nonperformance and the name of an individual who will serve as the initiating
Party's representative in the negotiation. The other Party shall have ten
Business Days to designate its own representative in the negotiation. The
Parties' representatives shall meet at least once within forty-five (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 forty-five (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, volcanicaction, powerfailure, 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 Notwithstanding the provisions of Sections 15.1 and 15.2, in no case shall a
Force Majeure Event excuse either Party from an obligation to pay money as
required by this Agreement.
15.4 Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
Forecasts
15.
16.
Onvoy Comprehensive ICA lD F13 010318.docx 10
ln addition to any other forecasts required by this Agreement, upon request by Frontier,
Onvoy shall provide to Frontier forecasts regarding the Services that Onvoy expects to
purchase from Frontier, including, but not limited to, forecasts regarding the types and
volumes of Services that Onvoy expects to purchase and the locations where such
Services will be purchased.
17. Fraud
Onvoy 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 Onvoy's account in cases of, fraud by Onvoy's Customers or other
third parties.
18. Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as
otherwise expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a Party's sole
discretion), where consent, approval, mutual agreement or a similar action is required by
any provision of this Agreement, such action shall not be unreasonably withheld,
conditioned or delayed. lf and, to the extent that, Frontier, prior to the Effective Date of
this Agreement, has not provided in the State of ldaho a Service offered under this
Agreement, Frontier reserves the right to negotiate in good faith with Onvoy reasonable
terms and conditions (including, without limitation, rates and implementation timeframes)
for such Service; and, if the Parties cannot agree to such terms and conditions (including,
without limitation, rates and implementation timeframes), either Party may utilize the
Agreement's dispute resolution procedures.
19.Headings
The headings used in the Principal Document are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of the Principal
Document.
20. lndemnification
20.1 Each Party ('lndemnifying Party') shall indemnify, defend and hold harmless the
other Party ('lndemnified Party"), the lndemnified Party's Affiliates, and the
directors, officers and employees of the lndemnified Party and the lndemnified
Party's Affiliates, from and against any and all Claims that arise out of bodily
injury to or death of any person, or damage to, or destruction or loss of, tangible
real and/or personal property of any person, to the extent such injury, death,
damage, destruction or loss, was proximately caused by the grossly negligent or
intentionally wrongful acts or omissions of the lndemnifying Party, the
lndemnifying Party's Affiliates, or the directors, officers, employees, Agents or
contractors (excluding the lndemnified Party) of the lndemnifying Party or the
lndemnifying Party's Affiliates, in connection with this Agreement.
20.2 lndemnification 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:
Onvoy Comprehensive ICA lD F13 010318.docx 11
20.2.3
20.2.4
20.2.5
20.2.6
20.2.7
20.2.8
The lndemnified Person: (a) shall give the lndemnifying Party notice
of the Claim promptly after becoming aware thereof (including a
statement of facts known to the lndemnified Person related to the
Claim and an estimate of the amount 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
the lndemnified Person shall have the reasonable 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 to 20.2.6 and 20.2.7, 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 shallalso 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.
The lndemnifying Party may settle a Third Party Claim without the
lndemnified Person's consent if the settlement contains an
unconditional release of the lndemnified Person, does not contain any
admission of liability, and othena/se has no adverse effect on the
lndemnified Person. ln no other event shall the lndemnifying Party
settle a Third Party Claim or consent to any judgment with regard to a
Third Party Claim without the prior written consent of the lndemnified
Party, which shall not be unreasonably withheld, conditioned or
delayed. ln the event the seftlement 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 allcases, assert any and all
provisions in applicable Tariffs and Customer contracts that limit
Onvoy Comprehensive ICA lO F13 0103'l8.docx 't2
liability to third persons as a bar to, or limitation on, any recovery by a
third-person claimant.
20.2.9 The lndemnifying Party and the lndemnified Person shall offer each
other all reasonable cooperation and assistance in the defense of any
Third Party Claim.
20.3 Each Party agrees that it will not implead or bring any action against the other
Party, the other Party's Affiliates, or any of the directors, officers or employees of
the other Party or the other Party's Affiliates, based on any claim by any person
for personal injury or death that occurs in the course or scope of employment of
such person by the other Party or the other Party's Affiliate and that arises out of
performance of this Agreement.
20.4 Each Party's obligations underthis Section 20 shall survive expiration,
cancellation or termination of this Agreement.
21 . Insurance
21.1 Onvoy 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, Onvoy shall maintain the following insurance:
21.1.1 Commercial General Liability lnsurance, on an occurrence basis,
including but not limited to, premises-operations, broad form property
damage, products/completed operations, contractual liability,
independent contractors, and personal injury, with limits of at least
$2,000,000 combined single limit for each occurrence.
21.1.2 Commercial Motor Vehicle Liability lnsurance covering all owned,
hired and non-owned vehicles, with limits of at least $2,000,000
combined single limit for each occurrence.
21.1.3 Excess Liability lnsurance, in the umbrella form, with limits of at least
$10,000,000 combined single limit for each occurrence.
21.1.4 Worker's Compensation lnsurance as required by Applicable Law and
Employer's Liability lnsurance with limits of not less than $2,000,000
per occurrence.
21.1.5 All risk property insurance on a full replacement cost basis for all of
Onvoy's real and personal property located at any Collocation site or
otherwise located on or in any Frontier premises (whether owned,
leased or otherwise occupied by Frontier), facility, equipment or right-
of-way.
21.2 Any deductibles, self-insured retentions or loss limits ("Retentions") for the
foregoing insurance must be disclosed on the certificates of insurance to be
provided to Frontier pursuant to Sections 21.4 and 21.5, and Frontier reserves
the right to reject any such Retentions in its reasonable discretion. All Retentions
shall be the responsibility of Onvoy.
Onvoy Comprehensive ICA lD F13 010318.docx 13
22.
21.3 Onvoy shall name Frontier and Frontier's Affiliates as additional insureds on the
foregoing liability insurance.
Onvoy shall, within two (2) weeks of the Effective Date hereof at the time of each
renewalof, or materialchange in, Onvoy'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: S1C74, lrving, TX 75063.
21.4
21.5 Onvoy 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 Onvoy or Onvoy's contractors to maintain insurance and provide
certificates of insurance as required in Sections 21.1 through 21.5, above, shall
be deemed a material breach of this Agreement.
21.7 Certificates furnished by Onvoy or Onvoy'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 22A, neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the other Party or its
Affiliates or Customers based on or arising from any Third Party Claim alleging or
asserting that the provision or use of any service, facility, arrangement, or
software by either Party under this Agreement, or the performance of any service
or method, either alone or in combination with the other Party, constitutes direct,
vicarious or contributory infringement or inducement to infringe, or misuse or
misappropriation of any patent, copyright, trademark, trade secret, or any other
proprietary or intellectual property right of any Party or third person. Each Party,
however, shall offer to the other reasonable cooperation and assistance in the
defense of any such claim.
22.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE
USE BY EACH PARTY OF THE OTHER'S SERVICES PROVIDED UNDER
THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF INFRINGEMENT,
MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY
RIGHT.
Onvoy Comprehensive ICA lD F13 010318.docx 14
22.4 Onvoy 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
Onvoy, directly or through a third party, of any such terms, conditions or
restrictions that may limit any Onvoy use of a Service provided by Frontier that is
otherwise permifted by this Agreement. At Onvoy'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 Onvoy 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. Onvoy shall
reimburse Frontier for the cost of obtaining such rights.
23. Joint Work Product
The Principal Document is the joint work product of the Parties, has been negotiated by
the Parties, and shall be fairly interpreted in accordance with its terms. ln the event of
any ambiguities, no inferences shall be drawn against either Party.
Law Enforcement
24.1 Each Party may cooperate with law enforcement authorities and national security
authorities to the full extent required or permitted by Applicable Law in matters
related to Services provided by it under this Agreement, including, but not limited
to, the production of records, the establishment of new lines or the installation of
new services on an existing line in order to support law enforcement and/or
national security operations, and, the installation of wiretaps, trap-and-trace
facilities and equipment, and dialed number recording facilities and equipment.
24.
25.
24.2
24.3
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.
Where a law enforcement or national security request relates to the
establishment of lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of other
services, facilities or arrangements, a Party may act to prevent the other Party
from obtaining access to information concerning such lines, services, facilities
and arrangements, through operations support system interfaces.
Liability
25.1 As used in this Section 25, "Service Failure" means a failure to comply with a
direction to install, restore or terminate Services under this Agreement, a failure
to provide Services under this Agreement, and failures, mistakes, omissions,
interruptions, delays, errors, defects or the like, occurring in the course of the
provision of any Services under this Agreement.
25.2 Except as othenarise 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
Onvoy Comprehensive ICA lD F13 010318.docx 15
25.3
25.4
Except as otherwise stated in Section 25.5, a Party, a Party's Affiliates, and the
directors, officers and employees of a Party and a Party's Affiliates, shall not be
liable to the other Party, the other Party's Customers, or to any other person, in
connection with this Agreement (including, but not limited to, in connection with a
Service Failure or any breach, delay or failure in performance, of this Agreement)
for special, indirect, incidental, consequential, reliance, exemplary, punitive, or
like damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose liability
is excluded by this Section has been advised of the possibility of such damages.
The limitations and exclusions of liability stated in Sections 25.'t 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 shallexclude or limit liability:
25.5.1 under Sections 20, lndemnification, or 41, Taxes.
25.5.2 for any obligation to indemnify, defend and/or hold harmless that a
Party may have under this Agreement.
25.5.3 for damages arising out of or resulting from bodily injury to or death of
any person, or damage to, or destruction or loss of, tangible real
and/or personal property of any person, or Toxic or Hazardous
Substances, to the extent such damages are othenruise recoverable
under Applicable Law;
25.5.4 for a claim for infringement of any patent, copyright, trade name, trade
mark, service mark, or other intellectual property interest;
25.5.5 under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
25.5.6 under the financial incentive or remedy provisions of any service
quality plan required by the FCC or the Commission.
25.6 ln the event that the liability of a Party, a Party's Affiliate, or a director, officer or
employee of a Party or a Party's Affiliate, is limited and/or excluded under both
this Section 25 and a provision of an applicable Tariff, the liability of the Party or
other person shall be limited to the smaller of the amounts for which such Party
or other person would be liable under this Section or the Tariff provision.
25.7 Each Party shall, in its tariffs and other contracts with its Customers, provide that
in no case shall the other Party, the other Party's Affiliates, or the directors,
officers or employees of the other Party or the other Party's Affiliates, be liable to
such Customers or other third-persons for any special, indirect, incidental,
consequential, reliance, exemplary, punitive or other damages, arising out of a
Service Failure.
26. Network Management
26.1 Coooeration. The Parties willwork cooperatively in a commercially reasonable
manner to install and maintain a reliable network. Onvoy and Frontier will
exchange appropriate information (e.9., network inform ation, maintenance
contact numbers, escalation procedures, and information required to comply with
requirements of law enforcement and national security agencies) to achieve this
Onvoy Comprehensive ICA lD F13 010318.docx 16
26.2
26.3
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.
Resoonsibilitv for Followinq Standards. Each Party recognizes a responsibility to
follow the standards that may be agreed to between the Parties and to employ
characteristics and methods of operation that will not interfere with or impair the
service, network or facilities of the other Party or any third parties connected with
or involved directly in the network or facilities of the other.
lnterference or lmpairment. lf a Party ('lmpaired Party") reasonably determines
that the services, network, facilities, or methods of operation, of the other Party
('lnterfering Party") will or are likely to interfere with or impair the lmpaired Party's
provision of services or the operation of the lmpaired Party's network or facilities,
the lmpaired Party may interrupt or suspend any Service provided to the
lnterfering Party to the extent necessary to prevent such interference or
impairment, subject to the following:
26.3.1 Except in emergency situations (e.9., situations involving a risk of
bodily injury to persons or damage to tangible property, or an
interruption in Customer service) or as othenrise provided in this
Agreement, the lmpaired Party shall have given the lnterfering Party at
least ten (10) days' prior written notice of the interference or
impairment or potential interference or impairment and the need to
correct the condition within said time period; and taken other actions, if
any, required by Applicable Law; and,
26.3.2 Upon correction of the interference or impairment, the lmpaired Party
will promptly restore the interrupted or suspended Service. The
lmpaired Party shall not be obligated to provide an out-of-service
credit allowance or other compensation to the lnterfering Party in
connection with the suspended Service.
26.4 Outaqe Reoair Standard. ln the event of an outage or trouble in any Service
being provided by a Party hereunder, the Providing Party will follow Frontier's
standard procedures for isolating and clearing the outage or trouble.
27. Non-ExclusiveRemedies
28.
Except as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any other remedies that
may be available under this Agreement or at law or in equity.
Notice of Network Changes
lf a Party makes a change in the information necessary for the transmission and routing
of services using that Party's facilities or network, or any other change in its facilities or
network that will materially affect the interoperability of its facilities or network with the
other Party's facilities or network, the Party making the change shall publish notice of the
change at least ninety (90) days in advance of such change, and shall use reasonable
efforts, as commercially practicable, to publish such notice at least one hundred eighty
(180) days in advance of the change; provided, however, that if an earlier publication of
notice of a change is required by Applicable Law (including, but not limited to, 47 CFR
51.325 through 51.335) notice shall be given at the time required by Applicable Law.
Onvoy Comprehensive ICA lD F13 010318.docx 17
29 Notices
29.1 Except as otherwise provided in this Agreement, notices given by one Party to
the other Party under this Agreement:
29.1.1 shall be in writing;
29.1.2 shall be delivered (a) personally, (b) by express delivery service with
next Business Day delivery, (c) by certified or registered U.S. mail,
postage prepaid, or (d) by electronic mail, with a copy delivered in
accordance with (a), (b) or (c), preceding; and
29J.3 shall be delivered to the following addresses of the Parties:
To Onvoy:
Onvoy, LLC
GeneralCounsel
Attention: Richard Monto
550 West Adams Street, Suite 900
Chicago, lllinois 60661
Telephone: [phone]
I nternet Address: Richard. [e-mail] and
kvle. [e-mail]
To Frontier:
Contract Management
Frontier Communications
7979 N. Belt Line Road, MC: 51C74
Irving, TX 75063
lnternet Address: contract. management@ft r.com
with a copy to:
Frontier Communications
Legal Department - lnterconnection
401 Merritt 7
Norwalk, CT 06851
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (a) where there is personal
delivery of the notice, the date of actual receipt, (b) where the notice is sent via
express delivery service for next Business Day delivery, the next Business Day
after the notice is sent, (c) where notice is sent via certified or registered U.S.
mail, the date of receipt shown on the Postal Service receipt, and (d) where the
notice is sent via electronic mail, 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.
Onvoy shall notify Frontier, by written notice pursuant to this Section 29, of any
changes in the addresses or other Onvoy contact information identified under
Section 29.1.3 above.
30. Ordering and Maintenance
Onvoy Comprehensive ICA lD F13 010318.docx 18
31
32
Onvoy 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 repairtransactions. lf
Frontier has not yet deployed an electronic capability for Onvoy to perform a pre-
ordering, ordering, provisioning, maintenance or repair, transaction offered by Frontier,
Onvoy shall use such other processes as Frontier has made available for performing
such transaction (including, but not limited, to submission of Orders by telephonic
facsimile transmission and placing trouble reports by voice telephone transmission).
Performance Standards
31.1 Frontier shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law, including, but not limited to,
Section 251(c) of the Act.
31.2 Onvoy shall provide Services under this Agreement in accordance with the
performance standards required by Applicable Law.
Point of Contact for Onvoy Customers
32.1 Onvoy shall establish telephone numbers and mailing addresses at which Onvoy
Customers may communicate with Onvoy and shall advise Onvoy Customers of
these telephone numbers and mailing addresses.
32.2 Except as othenarise agreed to by Frontier, Frontier shall have no obligation, and
may decline, to accept a communication from an Onvoy Customer, including, but
not limited to, an Onvoy Customer request for repair or maintenance of a Frontier
Service provided to Onvoy.
33. Predecessor Agreements
33.1 Except as stated in Section 33.2 or as otherwise agreed in writing by the Parties
33.1.1 Further to the provisions of Section 1 of the General Terms and
Conditions of this Agreement, any prior interconnection or resale
agreement between the Parties for the State of ldaho pursuant to
Section 252 of the Act and in effect prior to the Effective Date is
hereby amended, extended and restated; and
33.1.2 any Services that were purchased by one Party from the other Party
under a prior interconnection or resale agreement between the Parties
for the State of ldaho pursuant to Section 252 of the Act and in effect
prior to the Effective Date, shall as of the Effective Date be subject to
and purchased under this Agreement.
33.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a
Party under a prior interconnection or resale agreement between the Parties
pursuant to Section 252 of the Act was subject to a contractual commitment that
it would be purchased for a period of longer than one month, and such period
had not yet expired as of the Effective Date and the Service had not been
terminated prior to the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the Service will be
purchased under this Agreement; provided, that if this Agreement would
materially alter the terms of the commitment, either Party may elect to cancel the
commitment.
Onvoy Comprehensive ICA lD F13 010318.docx 19
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.
34. Publicity and Use of Trademarks or Service Marks
34.1 A Party, its Affiliates, and their respective contractors and Agents, shall not use
the other Party's tradema*s, service marks, logos or other proprietary trade
dress, in connection with the sale of products or services, or in any advertising,
press releases, publicity mafters or other promotional materials, unless the other
Party has given its written consent for such use, which consent the other Party
may grant or withhold in its sole discretion.
34.2 Neither Party may imply any direct or indirect affiliation with or sponsorship or
endorsement of it or its services or products by the other Party.
35.
34.3 Any violation of this Section 34 shall be considered a material breach of this
Agreement.
References
35.1 All references to Sections, Appendices and Exhibits shall be deemed to be
references to Sections, Appendices and Exhibits of this Agreement unless the
context shall otherwise require.
35.2 Unless the context shall otherwise require, any reference to a Tariff, agreement,
technical or other document (including Frontier or third party guides, practices or
handbooks), or provision of Applicable Law, is to such Tariff, agreement,
document, or provision of Applicable Law, as amended and supplemented from
time to time (and, in the case of a Tariff or provision of Applicable Law, to any
successor Tariff or provision).
36. Relationship of the Parties
36.1 The relationship of the Parties under this Agreement shall be that of independent
contractors and nothing herein shall be construed as creating any other
relationship between the Parties.
36.2 Nothing contained in this Agreement shall make either Party the employee of the
other, create a partnership, joint venture, or other similar relationship between
the Parties, or grant to either Party a franchise, distributorship or similar interest.
36.3 Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal representative
or Agent of the other Party, nor shall a Party have the right or authority to
assume, create or incur any liability or any obligation of any kind, express or
implied, against, in the name or on behalf of the other Party unless otherwise
expressly permitted by such other Party in writing, which permission may be
granted or withheld by the other Party in its sole discretion.
36.4 Each Party shall have sole authority and responsibility to hire, fire, compensate,
supervise, and otherwise control its employees, Agents and contractors. Each
Onvoy Comprehensive ICA lD F13 010318.docx 20
Party shall be solely responsible for payment of any Social Security, Federal
lnsurance Contributions Act (FICA), Medicaid 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.
36.5
36.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
37. Reservation of Rights
37.1
37.2
Notwithstanding anything to the contrary in this Agreement, neither Party waives,
and each Party hereby expressly reserves, its rights: (a) to appeal or otherwise
seek the reversal of and changes in any arbitration decision associated with this
Agreement; (b) to challenge the lawfulness of this Agreement and any provision
of this Agreement; (c) to seek changes in this Agreement (including, but not
limited to, changes in rates, charges and the Services that must be offered)
through changes in Applicable Law; (d) to challenge the lawfulness and propriety
of, and to seek to change, any Applicable Law, including, but not limited to any
rule, regulation, order or decision of the Commission, the FCC, or a court of
applicable jurisdiction; and (e) to collect debts owed to it under any prior
interconnection or resale agreements. Nothing in this Agreement shall be
deemed to limit or prejudice any position a Party has taken or may take before
the Commission, the FCC, any other state or federal regulatory or legislative
bodies, courts of applicable jurisdiction, or industry fora. The provisions of this
Section shall survive the expiration, cancellation or termination of this
Agreement.
Onvoy acknowledges Onvoy 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.
39.
40.
38. Subcontractors
A Party may use a contractor of the Party (including, but not limited to, an Affiliate of the
Party) to perform the Party's obligations under this Agreement; provided, that a Party's
use of a contractor shall not release the Party from any duty or liability to fulfill the Party's
obligations under this Agreement.
Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns.
Survival
The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilities and
obligations of a Party under any provision of this Agreement regarding confidential
information (including but not limited to, Section 10), indemnification or defense
(including, but not limited to, Section 20), or limitation or exclusion of liability (including,
but not limited to, Section 25), and the rights, liabilities and obligations of a Party under
any provision of this Agreement which by its terms or nature is intended to continue
Onvoy Comprehensive ICA lD F13 010318.docx 21
41
beyond or to be performed after the expiration, cancellation or termination of this
Agreement, shall survive the expiration, cancellation or termination of this Agreement.
Taxes
41.1 ln General. With respect to any purchase of Services under this Agreement, if
any federal, state or local tax, fee, surcharge or other tax-like charge, excluding
any tax levied on property or net income, (a "Tax") is required or permitted by
Applicable Law or a Tariff to be collected from the Purchasing Party by the
Providing Party, then (a) the Providing Party shall bill the Purchasing Party for
such Tax, as a separately stated item on the invoice, (b) the Purchasing Party
shall timely remit such Tax to the Providing Party and (c) the Providing Party
shall timely remit such collected Tax to the applicable taxing authority as and to
the extent required by Applicable Law.
41.2 Taxes lmposed on the Providino Partv or Receipts. With respect to any
purchase of Services under this Agreement, if any federal, state or local Tax is
imposed by Applicable Law on the receipts of the Providing Party, and such
Applicable Law permits the Providing Party to exclude certain receipts received
from sales to a public utility, distributor, telephone company, local exchange
carrier, telecomm unications company or other commu nications com pany
("Telecommunications Company"), such exclusion being based on the fact that
the Purchasing Party is also subject to a tax based upon receipts ("Receipts
Tax"), then the Purchasing Party shall pay and remit the Receipts Tax as
required by Applicable Law.
41.3 Taxes lmposed on Subscriber. With respect to any purchase of Services under
this Agreement that are resold to a third party, if any federal, state or local Tax is
imposed by Applicable Law on the subscriber, end-user, customer or ultimate
consumer ("Subscriber") in connection with any such purchase, which a
Telecommunications Company is required to impose and/or collect from a
Subscriber, or if any federal, state or local Tax is imposed on the Providing Party
and required by Applicable Law to be passed through to the Subscriber, then the
Purchasing Party (a) shall impose and/or collect such Tax from the Subscriber
and (b) shall timely remit such Tax to the applicable taxing authority.
41.4 Tax Exemptions and Exemption Certificates. lf Applicable Law clearly exempts a
purchase hereunder from a Tax, and if such Applicable Law also provides an
exemption procedure, such as an exemption certificate requirement, then, if the
Purchasing Party complies with such procedure, the Providing Party shall not
collect such Tax during the effective period of such exemption. Such exemption
shall be effective upon receipt of the exemption certificate or affidavit in
accordance with the terms set forth in Section 41.7. lf Applicable Law clearly
exempts a purchase hereunder from a Tax, but does not also provide an
exemption procedure, then the Providing Party shall not collect such Tax if the
Purchasing Party (a) furnishes the Providing Party with a letter signed by an
officer requesting such an exemption and citing the provision in the Applicable
Law which clearly allows such exemption and (b) supplies the Providing Party
with an indemnification agreement, acceptable to the Providing Party, which
holds the Providing Party harmless on an after-tax basis with respect to its
forbearing to collect such Tax.
41.5 Liability for Uncollected Tax, lnterest and Penalty.
41.5.1 lf the Providing Party has not received an exemption certificate from
the Purchasing Party and the Providing Party fails to bill the
Purchasing Party for any Tax as required by Section 41 .1 , then, as
Onvoy Comprehensive ICA lD F13 010318.docx 22
41.5.2
between the Providing Party and the Purchasing Party, (a) the
Purchasing Party shall remain liable for such unbilled Tax and any
interest assessed thereon and (b) the Providing Party shall be liable
for any penalty assessed with respect to such unbilled Tax by a taxing
authority.
lf the Providing Party properly bills the Purchasing Party for any Tax
but the Purchasing Party fails to remit such Tax to the Providing Party
as required by Section 41.2, then, as between the Providing Party and
the Purchasing Party, the Purchasing Party shall be liable for such
uncollected Tax and any interest assessed thereon, as well as any
penalty assessed with respect to such uncollected Tax by the
applicable taxing authority.
lf the Providing Party does not collect any Tax as required by Section
41.1 because the Purchasing Party has provided such Providing Party
with an exemption certificate that is later found to be inadequate,
invalid or inapplicable by a taxing authority, then, as between the
Providing Party and the Purchasing Party, the Purchasing Party shall
be liable for such uncollected Tax and any interest assessed thereon,
as well as any penalty assessed with respect to such uncollected Tax
by the applicable taxing authority.
41.5.3
41.5.4 lf the Purchasing Party fails to pay the Receipts Tax as required by
Section 41.2, then, as between the Providing Party and the
Purchasing Party, (a) the Providing Party shall be liable for any Tax
imposed on its receipts and (b) the Purchasing Party shall be liable for
any interest assessed thereon and any penalty assessed upon the
Providing Party with respect to such Tax by the applicable taxing
authority.
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.
41.6 Audit Cooperation. ln the event either Party is audited by a taxing authority, the
other Party agrees to cooperate fully with the Party being audited in order to
respond to any audit inquiries in a proper and timely manner so that the audit
and/or any resulting controversy may be resolved expeditiously.
41.7 Notices. All notices, affidavits, exemption-certificates or other communications
required or permitted to be given by either Party to the other, for purposes of this
Section 41, shall be made in writing and shall be delivered in person or sent by
certified mail, return receipt requested, or registered mail, or a courier service
providing proof of service, and sent to the addressees set forth in Section 29 as
wellas to the following:
Onvoy Comprehensive ICA lD F13 010318.docx 23
To Frontier:
Frontier Communications
Tax Department
401 Merritt 7
Norwalk, CT 06851
To Onvoy:
Onvoy, LLC
Tax Department
Attention: Connie Loepke
550 West Adams Street, Suite 900
Chicago, lllinois 60661
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 Onvoy's ability to provide service using
certain technologies. Nothing in this Agreement shall limit Frontie/s ability to modify its
network through the incorporation of new equipment or software or othenarise. Onvoy
shall be solely responsible for the cost and activities associated with accommodating
such changes in its own network.
43. Territory
43.1 This Agreement applies to the territory in which Frontier operates as an
lncumbent Local Exchange Carrier in the State of ldaho. Frontier shall be
obligated to provide Services under this Agreement only within this territory
43.2 Notwithstanding any other provision of this Agreement, Frontier may terminate
this Agreement as to a specific operating territory or portion thereof if Frontier
sells or otherwise transfers its operations in such territory or portion thereof to a
third-person. Frontier shall provide Onvoy with at least 90 calendar days prior
written notice of such termination, which shall be effective upon the date
specified in the notice.
4. 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(i) Obligations
To the extent required by Applicable Law, each Party shall comply with Section 252(i) of
the Act. To the extent that the exercise by Onvoy of any rights it may have under Section
Onvoy Comprehensive ICA lD F13 0103'l8.docx 24
45.
46.
252(i) results in the rearrangement of Services by Frontier, Onvoy shall be solely liable
for all costs associated therewith, as well as for any termination charges associated with
the termination of existing Frontier Services.
47. Use of Service
Each Party shall make commercially reasonable efforts to ensure that its Customers
comply with the provisions of this Agreement (including, but not limited to the provisions
of applicable Tariffs) applicable to the use of Services purchased by it under this
Agreement.
48. Waiver
A failure or delay of either Party to enforce any of the provisions of this Agreement, or
any right or remedy available under this Agreement or at law or in equity, or to require
performance of any of the provisions of this Agreement, or to exercise any option which is
provided under this Agreement, shall in no way be construed to be a waiver of such
provisions, rights, remedies or options.
49. Warranties
50.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES
OR RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES PROVIDED, OR TO BE PROVIDED, UNDER THIS AGREEMENT AND THE
PARTIES DISCLAIM ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY. WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES ARISING BY TRADE CUSTOM, TRADE USAGE, COURSE OF
DEALING OR PERFORMANCE, OR OTHERWISE.
Withdrawal of Services
50.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, Frontier may terminate its offering and/or provision
of any Service under this Agreement upon thirty (30) days prior written notice to
Onvoy.
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 Onvoy terminate any provision of this Agreement that provides for the payment
by Frontier to Onvoy of compensation related to traffic, including, but not limited
to, Reciprocal Compensation and other types of compensation for termination of
traffic delivered by Frontier to Onvoy. Following such termination, except as
otherwise agreed in writing by the Parties, Frontier shall be obligated to provide
compensation to Onvoy related to traffic only to the extent required by Applicable
Law. lf Frontier exercises its right of termination under this Section, the Parties
shall negotiate in good faith appropriate substitute provisions for compensation
related to traffic; provided, however, that except as otherwise voluntarily agreed
by Frontier in writing in its sole discretion, Frontier shall be obligated to provide
compensation to Onvoy 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.
Onvoy Comprehensive ICA lD F13 010318.docx 25
DocuSlgn Envelope lD: 3EA2CDF&5741.{CAE-8471-2E43681 775Es
SIGNATURE PAGE
tN WTNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the Effec'tlve Date.
oNvoY, LLC FRONTIER COMMU NICATIONS NORTHWEST
rNc.
By:
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B160r8r@8A9420.,.
By:*z->fl
printed: ryle v. Bertrand Printed: Michael Daniel
Tiue: vP Procurement Mq{T and tltwk Opt. Tlue: SVp,CanierServices
Onvoy Comprehenslw ICA lD F13 010318 26
GLOSSARY
1 General Rule
1.1 The provisions of Sections 1.2 through 1.4 and Section 2 apply with regard to the
Principal Document. Terms used in a Tariff shall have the meanings stated in
the Tariff.
1.2 Unless the context clearly indicates otherwise, when a term listed in this Glossary
is used in the Principal Document, the term shall have the meaning stated in this
Glossary. A defined term intended to convey the meaning stated in this Glossary
is capitalized when used. Other terms that are capitalized, and not defined in this
Glossary or elsewhere in the Principal Document, shall have the meaning stated
in the Act. Additional definitions that are specific to the matters covered in a
particular provision of the Principal Document may appear in that provision. To
the extent that there may be any conflict between a definition set forth in this
Glossary and any definition in a specific provision, the definition set forth in the
specific provision shall control with respect to that provision.
1.3 Unless the context clearly indicates otherwise, any term defined in this Glossary
which is defined or used in the singular shall include the plural, and any term
defined in this Glossary which is defined or used in the plural shall include the
singular.
1.4 The words "shall" and "will" are used interchangeably throughout the Principal
Document and the use of either indicates a mandatory requirement. The use of
one or the other shall not confer a different degree of right or obligation for either
Party.
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 (Automatic Location ldentification) Database.
The emergency services (E9-1-1) database controlled by Frontier containing
caller address/location information including the carrier name, National
2.
Onvoy Comprehensive ICA lD F13 010318.docx 27
Emergency Numbering Administration ("NENA') lD, Call Back Number, and other
carrier information used to process caller location records.
2.7 Ancillary Traffic.
Alltraffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: directory assistance,
9-1-11E9-1-1, operator services (lntraLATA call completion), IntraLATA third
party, collect and calling card, 800/888 database query and LIDB.
2.8 ANI (Automatic Number ldentification).
The signaling parameter that refers to the number transmitted through the
network identifying the billing number of the calling party.
2.9 Applicable Law
All effective laws, government regulations and government orders, applicable to
each Party's performance of its obligations under this Agreement. For the
avoidance of any doubt, when used in relation to unbundled Network Elements or
Combinations of unbundled Network Elements, the term 'Applicable Lavy'' means
the Federal Unbundling Rules.
2.10 ASR (Access Service Request)
An industry standard form, which contains data elements and usage rules used
by the Parties to add, establish, change or disconnect services or trunks for the
purposes of interconnection.
2.11 AT|S
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
Calendar Quarter.2.14
January through March, Aprilthrough June, July through September, or October
through December.
2.15
2.16
2.17
Calendar Year.
January through December,
Intentionally Left Blank].
Call Back Number.
Onvoy Comprehensive ICA lD F13 010318.docx 28
The Alliance for Telecommunications lndustry Solutions.
A telephone number that can be used by the PSAP to re-contact the location
from which a 9-1-1/E9-1-1 Call was placed. The telephone number may or may
not be the telephone number of the station used to originate the 9-1-1/E9-1-1
Call.
218 CCS(CommonChannelSignaling).
A method of transmitting call set-up and network control data over a digital
signaling network separate from the public switched telephone network facilities
that carry the actual voice or data content of the call.
219 CentralOffice.
An End Office or Tandem. Sometimes this term is used to refer to a telephone
company building in which switching systems and telephone equipment are
installed.
Intentionally Left Blank]
Claims.
CPN (Calling Party Number).
A CCS parameter that identifies the calling party's telephone number
CPN I (C ustom er P roprietary Network I nformation).
Onvoy Comprehensive ICA lD F13 010318.docx 29
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. Onvoy is or shortly will become a CLEC.
2.23 CLLI Codes.
Common Language Location ldentifier Codes
2.24 CMDS (Centralized Message Distribution System).
The billing record and clearing house transport system that LECs use to
exchange out collects and in collects as well as Carrier Access Billing System
(CABS) records.
2.25 Commission
ldaho Public Utilities Commission.
2.26 Controlling 9-1-1 Authority.
The duly authorized state, county or local government agency empowered by law
to oversee the 9-1-1/E9-1-1 services, operations and systems within a defined
jurisdiction.
2.20
2.21
2.27
2.28
2.34 Default PSAP
The PSAP designated by the Controlling 9-1-1 Authority to receive a
9-1-1/E9-1-1 Call when it is not feasible to route that 9-1-1/E9-1-1 Call to the
Designated PSAP.
Designated PSAP.
The primary PSAP designated by the Controlling 9-1-1 Authority to receive a
9-1-1/E9-'1-1 Callbased upon the geographic location of the end user.
Digital Signal Level.
One of several transmission rates in the time-division multiplex hierarchy
Discontinued Facility.
Any facility, element, arrangement or the like that the Federal Unbundling Rules
do not require Frontier to provide on an unbundled basis to Onvoy, whether
because the facility was never subject to an unbundling requirement 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.
2.38 DSO (Digital Signal Level0).
The 64kbps zero-level signal in the time-division multiplex hierarchy
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. I222.
2.29 Cross Connection
For a collocation arrangement, the facilities between the collocating Party's
equipment and the equipment or facilities of the housing Party (such as the
housing Party's digital signal cross connect, Main Distribution Frame, or other
suitable frame or panel).
2.30 Customer
A third party residence or business end-user subscriber to Telephone Exchange
Services provided by either of the Parties. For clarity's sake, a Customer also
includes an lnterconnected VolP Provider to which Onvoy is providing such
lnterconnected VolP Provider with its underlying network in locations where such
lnterconnected VolP Provider does not have its own network.
2.31
2.32
2.33
lntentionally Left Blank
lntentionally Left Blank
Dedicated Transport.
A DS0-, DS1-, or DS3-capacity transmission facility between Frontier switches
(as identified in the LERG) or UNE Wire Centers, within a LATA, that is dedicated
to a particular end user or carrier. Dedicated Transport is sometimes referred to
as dedicated interoffice facilities ("lOF"). Dedicated Transport does not include
any facility that does not connect a pair of Frontier UNE Wire Centers.
2.35
2.36
2.37
Onvoy Comprehensive ICA lD F13 010318.docx 30
DS1 (Digital Signal Level 1).
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 44.736 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 of 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.
EMI (Exchange Message lnterface).
Standard used for the interexchange of telecommunications message information
between local exchange carriers and interexchange carriers for billable, non-
billable, sample, settlement and study data. Data is provided between
companies via a unique record layout that contains Customer billing information,
account summary and tracking analysis. EMI format is contained in document
SR-320 published by ATIS.
2.45 End Office.
A switching entity that is used for connecting lines to lines or lines to trunks for
the purpose of originating/terminating calls. Sometimes this term is used to refer
to a telephone company building in which switching systems and telephone
equipment are installed.
2.39
2.40
2.41
2.42
2.43
2.44
2.46
2.47
2.48
fl ntentionalty Left Blankl.
Exchange Access.
Shall have the meaning set forth in the Act.
Extended Local Calling Scope Arrangement.
An arrangement that provides a Customer a local calling scope (Extended Area
Service, 'EAS'), outside of the Customer's basic exchange serving area.
Extended Local Calling Scope Arrangements may be either optional or non-
optional. "Optional Extended Local Calling Scope Arrangement Traffic" is traffic
that under an optional Extended Local Calling Scope Arrangement chosen by the
Customer terminates outside of the Customer's basic exchange serving area.
Onvoy Comprehensive ICA lD F13 010318.docx 31
2.49 FCC
The Federal Communications Commission.
2.50 FCC lnternet Orders
The following FCC orders: (a) Order on Remand and Report and Order, /n fhe
Matter of lmplementation of the Local Competition Provisions in the
Telecommunications Act of 1996, lntercanier Compensation for ISP Bound
Traffic, FCC 01-131, CC Docket Nos.96-98 and 99-68, 16 FCC Rcd 9151
(adopted April 18, 2001) (hereinafter the "April 18, 2001 FCC lnternet Order");
and, (b) Order on Remand and Report and Order and Further Notice of Proposed
Rulemaking, ln the Mafter of High-Cost UniversalServrbe Support; Federal-State
Joint Board on Universal Seruice; Lifeline and Link Up; Universal Seruice
Contribution Methodology; Numbering Resource Optimization; lmplementation of
the Local Competition Provisions in the Telecommunications Act of 1996;
Developing a U nified I ntercarrier Compensation Regime ; I ntercarrie r
Compensation for ISP-Bound Traffic; lP-Enabled Serurbes, 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 Order").
2.51 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from
time to time.
2.52 FederalUnbundlingRules
Any laMul 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(cX3) 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.R. Part 51.
2.53 Feeder,
The fiber optic cable (lit or unlit) or metallic portion of a Loop between a serving
End Office and a remote terminal or feeder/distribution interface.
2.54 FNID (Fiber Network lnterface Device)
A passive fiber optic demarcation unit designed for the interconnection and
demarcation of opticalfibers between two separate network providers.
2.55 FTTP Loop.
A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends
from the main distribution frame (or its equivalent) in an end user's serving End
Office to the demarcation point at the end user's customer premises or to a
serving area interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution facilities
extending from such serving area interface are not more than 500 feet from the
demarcation point at the respective end users' customer premises; provided,
however, that in the case of predominantly residential multiple dwelling units
Onvoy Comprehensive ICA lD F13 010318.docx 32
(MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its equivalent) in the
End Office that serves the multiunit premises: (a) to or beyond the multiunit
premises' minimum point of entry (MPOE), as defined in 47 C.F.R. 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 Riser Cable.
A two-wire metallic distribution facility in Frontier's network between the minimum
point of entry for a building where a premises of a Customer is located (such a
point, an 'MPOE') and the Rate Demarcation Point for such facility (or NID) if the
NID is located at such Rate Demarcation Point).
2.57 Hybrid Loop.
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP
Loop is not a Hybrid Loop.
2.58 IDLC (lntegrated Digital Loop Carrier).
A subscriber Loop carrier system that integrates within the switch at a DS1 level,
which is twenty-four (24) Loop transmission paths combined into a 1.544 Mbps
digital signal.
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, forwardi ng
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 lnterconnected VolP Provider
A provider authorized by the FCC to provide lnterconnected VolP service as
defined by 47 CFR 9.3.
2.63 lnterconnection Wire Center
A building or portion thereof which serves as the premises for one or more End
Offices, Tandems and related facilities.
2.64 lnternet Traffic.
Onvoy Comprehensive ICA lD F13 0'103l8.docx 33
2.65
2.66
2.67
2.68
2.74
2.75
2.76 Loop
Onvoy Comprehensive ICA lD F13 0103't8.docx 34
Any traffic that is transmitted to or returned from the lnternet at any point during
the duration of the transmission.
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 digital transmission of twentythree (23) 64 kbps
bearer channels and one (1) 64 kbps data and signaling channel (23B+D).
2.69 IXC (lnterexchange Carrier)
A Telecommunications Carrier that provides, directly or indirectly, lnterLATA or
lntraLATA Telephone Toll Services.
2.70 LATA (LocalAccess and Transport Area).
Shall have the meaning set forth in the Act.
2.71 LEC (Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.72 LERG (Local Exchange Routing Guide).
A Telcordia Technologies reference containing NPA/NXX routing and homing
information.
2.73 LIDB (Line lnformation Data Base)
Line lnformation databases which provide, among other things, calling card
validation functionality for telephone line number cards issued by Frontier and
other entities and validation data for collect and third number-billed calls (e.9.,
data for billed number screening).
Intentionally Left Blank]
Line Side.
An End Office connection that provides transmission, switching and optional
features suitable for Customer connection to the public switched network,
including loop start supervision, ground start supervision and signaling for BRI-
ISDN service.
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.
2.77 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.
2.78 Maintenance Control Office
Either Party's center responsible for control of the maintenance and repair of a
circuit.
2.79 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.
2.80 Measured lnternet Traffic.
Dial-up, switched lnternet Traffic originated by a Customer of one Party on that
Party's network at a point in a Frontier local calling area, and delivered to a
Customer or an lnternet Service Provider served by the other Party, on that other
Party's network at a point in the same Frontier local calling area. Frontier local
calling areas shall be as defined by Frontier. For the purposes of this definition,
a Frontier local calling area includes a Frontier non-optional Extended Local
Calling Scope Arrangement, but does not include a Frontier optional Extended
Local Calling Scope Arrangement. Calls originated on a 1+ presubscription
basis, or on a casual dialed (10)fiX101XXXX) 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 not constitute Measured lnternet Traffic.
2.81 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.
2.82 MECOD (Multiple Exchange Carriers Ordering and Design Guidelines for Access
Services - lndustry Support lnterface).
A document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum (OBF), which functions under the
auspices of the Carrier Liaison Committee (CLC) of ATIS. The MECOD
document, published by ATIS as 'ATIS/OBF-MECOD', as revised from time to
Onvoy Comprehensive ICA lD F13 010318.docx 35
time, establishes methods for processing orders for Exchange Access Service
that is to be provided by two or more LECs.
Intentionally Left Blank].
Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial
mobile radio service.
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.
2.86 Network Element.
Shall have the meaning stated in the Act.
2.87 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.
2.88 9-1-11E9-1-1Call(s)
Call(s) made by the Onvoy end user by dialing the three digit telephone number
'9-1-1' to facilitate the reporting of an emergency requiring response by a public
safety agency.
2.89 9-1-1/E9-1-1 Service Provider
An entity authorized to provide 9-1-1/E9-1-1 network and database services
within a particular jurisdiction.
2.90 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.
2.91 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
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.
2.83
2.84
2.85
Onvoy Comprehensive ICA lD F13 010318.docx 36
2.92 NXX, NXX Code, Central Office Code or CO Code.
The three-digit switch entity indicator (i.e. the first three digits of a seven-digit
telephone number).
2.93 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).
2.94 Originating Switched Access Detail Usage Data
A category 1 101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.95 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 othenltrise, would not
include an Onvoy lnterconnection Wire Center, Onvoy switch or any portion of a
transport facility provided by Frontier to Onvoy or another party between (x) a
Frontier lnterconnection Wire Center or switch and (y) the lnterconnection Wire
Center or switch of Onvoy or another party.
2.96 Primary Reference Source.
Equipment that provides a timing signalto synchronize network elements.
2.97 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.
2.98 Providing Party
A Party offering or providing a Service to the other Party under this Agreement.
2.99 PSAP
Public Safety Answering Point.
2.100 Purchasing Party
A Party requesting or receiving a Service from the other Party under this
Agreement.
2.101 Qualifying UNE
Onvoy Comprehensive ICA lD F13 010318.docx 37
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.
2.102 Qualifying Wholesale Services
Wholesale services obtained from Frontier under a Frontier access Tariff or a
separate wholesale agreement.
2.103 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-N)fi
designation associated with the specific Rate Center Area.
2.104 Rate Center Point.
A specific geographic point, defined by a V&H coordinate, located within the Rate
Center Area and used to measure distance for the purpose of billing for distance-
sensitive Telephone Exchange Services and Toll Traffic. Pursuant to Telcordia
Practice BR-795-100-100, the Rate Center Point may be an End Office location,
or a "LEC Consortium Point of lnterconnection".
2.105 Rate Demarcation Point.
The physical point in a Frontier provided network facility at which Frontieds
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 othenarise prescribed
under Applicable Law.
2.106 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251(b)(5) of the Act,
the FCC lnternet Orders, and other applicable FCC orders and FCC Regulations,
costs incurred for the transport and termination of Reciprocal Compensation
Traffic originating on one Party's network and terminating on the other Party's
network (as set forth in Section 7 of the lnterconnection Attachment).
2.107 Reciprocal Com pensation Traffic.
Telecommunications traffic originated by a Customer of one Party on that Party's
network and terminated to a Customer of the other Party on that other Party's
network, except for Telecommunications traffic that is interstate or intrastate
Exchange Access, 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 localcalling areas as defined by Frontier. Reciprocal
Compensation Traffic does 4! include the following traffic (it being understood
that certain traffic types will fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffic): (1) any lnternet Traffic;
(2) traffic that does not originate and terminate within the same Frontier local
calling area as defined by Frontier, and based on the actualoriginating and
Onvoy Comprehensive ICA lD F13 0l0318.docx 38
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 (10XX)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 Traffic (as defined in Section 12 of the lnterconnection Aftachment); (7)
Voice lnformation Service Traffic (as defined in Section 5 of the Additional
Services Attachment); or, (8) Virtual Foreign Exchange Traffic (or V/FX Traffic)
(as defined in the lnterconnection Attachment). For the purposes of this
definition, a Frontier local calling area includes a Frontier non-optional Extended
Local Calling Scope Arrangement, but does not include a Frontier optional
Extended Local Calling Scope Arrangement.
2.108 RetailPrices
The prices at which a Service is provided by Frontier at retail to subscribers who
are not Telecommunications Carriers.
2.109 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing
Point is used to route inbound traffic to specified NPA-NXXs. The Routing Point
must be located within the LATA in which the corresponding NPA-NXX is
located. However, the Routing Point associated with each NPA-NXX need not
be the same as the corresponding Rate Center Point, nor must it be located
within the corresponding Rate Center Area, nor must there be a unique and
separate Routing Point corresponding to each unique and separate Rate Center
Area.
Any lnterconnection arrangement, Network Element, Telecommunications
Service, collocation arrangement, or other service, facility or arrangement,
offered by a Party under this Agreement.
Intentionally Left Blank].
SS7 (Signaling System 7).
The common channel out-of-band signaling protocoldeveloped by the
Consultative Committee for lnternational Telephone and Telegraph (CCITT) and
the American National Standards lnstitute (ANSI). Frontier and Onvoy utilize this
out-of-band signaling protocol in relation to their routing and completion of traffic.
2.113 Subsidiary
A corporation or other person that is controlled by a Party
2.114 Sub-Loop Distribution Facility
A two-wire or four-wire metallic distribution facility in Frontier's network between
a Frontier feeder distribution interface ("FDl") and the Rate Demarcation Point for
such facility (or NID if the NID is located at such Rate Demarcation Point).
2.115 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the
Onvoy Comprehensive ICA lD F13 010318.docx 39
2.111
2.112
2.110 Service.
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.
2.116 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.
2.117 Tariff
2 117.1 Any applicable Federal or state tariff of a Party, as amended from time
to time; or
2.117.2 Any standard agreement or other document, as amended from time to
time, that sets forth the generally available terms, conditions and
prices under which a Party offers a Service.
The term "Tariff' does not include any Frontier Statement of Generally Available
Terms (SGAT) which has been approved or is pending approval by the
Commission pursuant to Section 252(f) of the Act.
2.118 Telcordia Technologies.
Telcordia Technologies, lnc., formerly known as BellCommunications Research,
lnc. (Bellcore).
2.119
2.120
2.121
2.122
Telecommunications Carrier.
Shall have the meaning set forth in the Act.
Telecommunications Services.
Shall have the meaning set forth in the Act.
Telephone Exchange Service.
Shall have the meaning set forth in the Act.
Terminating Switched Access Detail Usage Data.
A category 1101XX record as defined in the EMI Telcordia Practice BR-010-200-
010.
2.123 Third Party Claim
A Claim where there is (a) a claim, demand, suit or action by a person who is not
a Party, (b) a settlement with, judgment by, or liability to, a person who is not a
Party, or (c) a fine or penalty imposed by a person who is not a Party.
2.124 TollTraffic.
Traffic that is originated by a Customer of one Party on that Party's network and
Onvoy Comprehensive ICA lD F13 0'l0318.docx 40
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 "lnterl-ATA Toll
Traffic", depending on whether the originating and terminating points are within
the same L4TA.
2.125 Toxic or Hazardous Substance
Any substance designated or defined as toxic or hazardous under any
'Environmental Law" or that poses a risk to human health or safety, or the
environment, and products and materials containing such substance.
"Environmental Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act, the Emergency Planning and Community Right-
to-Know Act, the Water Pollution ControlAct, 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.
2.126 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.
(finterstate 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".
For traffic exchanged via lnterconnection Trunks, a percentage calculated by
dividing the combined total number of minutes of Reciprocal Compensation
Traffic and Measured lnternet Traffic by the combined total number of minutes of
intrastate traffic and Measured lnternet Traffic. ([{Reciprocal Compensation
Traffic Total Minutes of Use + Measured lnternet Traffic Total Minutes of Use) +
{lntrastate Traffic Total Minutes of Use + Measured lnternet Traffic Total Minutes
of Use)l x 100). Until the form of a Party's bills is updated to use the term "Traffic
Factor 2", the term "Traffic Factor 2" may be referred to on the Party's bills and in
billing related communications as "Percent Local Usage" or "PLU".
2.128 Triennial Review Remand Order (TRRO).
The FCC's Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-
338, released on February 4,2005.
2.129 Trunk Side
A Central Office Switch connection that is capable of, and has been programmed
to treat the circuit as, connecting to another switching entity, for example, to
another carrier's network. Trunk side connections offer those transmission and
Onvoy Comprehensive ICA lD F13 010318.docx 4'l
2.127 Traffic Faclor 2.
signaling features appropriate for the connection of switching entities and cannot
be used for the direct connection of ordinary telephone station sets.
2130 UDLC (Universal Digital Loop Carrier)
UDLC arrangements consist of a Central Office Terminal and a Remote Terminal
located in the outside plant or at a Customer premises. The Central Office and
the Remote Terminal units perform analog to digital conversions to allow the
feeding facility to be digital. UDLC is deployed where the types of services to be
provisioned by the systems cannot be integrated such as non-switched services
and UNE Loops.
2.131 UNE Wire Center
Shall have the same meaning as "Wire Center" set forth in 47 C.F.R. S 51.5.
2.132 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.
2.133 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56/64 kilobits per
second. When referring to digitalVoice Grade service (a 56-64 kbps channel),
the terms "DS0" or "sub-DS1" may also be used.
2.134 xDSL.
As defined and offered in this Agreement. The small "x' before the letters DSL
signifies reference to DSL as a generic transmission technology, as opposed to a
specific DSL "flavor".
Onvoy Comprehensive ICA lD Fl3 010318.docx 42
3.
4.
ADDITIONAL SERVICES ATTACHMENT
1. Alternate Billed Calls
1.1 The Parties will engage in settlements of intral3TA intrastate alternate-billed
calls (e.9., collect, calling card, and third-party billed calls) originated or
authorized by their respective Customers in accordance with an arrangement
mutually agreed to by the Parties.
2.Dialing Parity - Section 251(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.
[This Section lntentionally Left Blank]
Directory Listing and Directory Distribution
To the extent required by Applicable Law, Frontier will provide directory services to
Onvoy. Such services will be provided in accordance with the terms set forth herein.
4.1 Listing lnformation.
As used herein, "Listing lnformation" means an Onvoy 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
Onvoy 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 Onvoy Customer whose service address location falls
within the geographic area covered by the relevant Frontier directory. Onvoy
shall also provide to Frontier on a daily basis: (a) information showing Onvoy
Customers who have disconnected or terminated their service with Onvoy; and
(b) delivery information for each non-listed or non-published Onvoy Customer to
enable Frontier to perform its directory distribution responsibilities. Frontier shall
promptly provide to Onvoy (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 Onvoy 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 Onvoy Customers in the same
manner it provides initial distribution of such directories to its own Customers.
"Primary Listing" means a Customer's primary name, address, and telephone
number. Listings of Onvoy's Customers shall be interfiled with listings of
Onvoy Comprehensive ICA lD F13 010318.docx 43
Frontier's Customers and the Customers of other LECs included in the Frontier
directories. Onvoy shall pay Frontier's Tariffed charges for additional, foreign,
and other listings products (as documented in local Tariff) for Onvoy's
Customers.
4.4 Frontier lnformation
Upon request by Onvoy, Frontier shall make available to Onvoy the following
information to the extent that Frontier provides such information to its own
business offices: a directory list of relevant M(X codes, directory and Customer
Guide close dates, and Yellow Pages headings. Frontier shall also make
available to Onvoy, 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 shall accord Onvoy Listing lnformation the same level of confidentiality
that Frontier accords its own listing information, and shall use such Listing
lnformation solely for the purpose of providing directory-related services;
provided, however, that should Frontier elect to do so, it may use or license
Onvoy Listing lnformation for directory publishing, direct marketing, or any other
purpose for which Frontier uses or licenses its own listing information, so long as
Onvoy Customers are not separately identified as such; and provided further that
Onvoy 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 Onvoy for Frontier's use or licensing of Onvoy Listing lnformation.
4.6 Accuracy
Both Parties shall use commercially reasonable efforts to ensure the accurate
publication of Onvoy Customer listings. At Onvoy's request, Frontier shall
provide Onvoy with a report of all Onvoy Customer listings in a reasonable
timeframe prior to the service order close date for the applicable directory.
Frontier shall process any corrections made by Onvoy with respect to its listings,
provided such corrections are received prior to the close date of the particular
directory.
4.7 lndemnification
Onvoy shall adhere to all practices, standards, and ethical requirements
established by Frontier with regard to listings. By providing Frontier with Listing
lnformation, Onvoy warrants to Frontier that Onvoy has the right to provide such
Listing lnformation to Frontier on behalf of its Customers. Onvoy 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. Onvoy agrees to release, defend, hold
harmless and indemnify Frontier from and against any and all claims, losses,
damages, suits, or other actions, or any liability whatsoever, suffered, made,
instituted, or asserted by any person arising out of Frontier's publication or
dissemination of the Listing lnformation as provided by Onvoy hereunder.
4.8 Liability
Onvoy Comprehensive ICA lD F13 010318.docx 44
Frontier's liability to Onvoy in the event of a Frontier error in or omission of an
Onvoy Customer listing shall not exceed the amount actually paid by Onvoy to
Frontier for.such listing. Onvoy 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 Onvoy'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 Onvoy 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. Onvoy's NXX codes shall appear in such lists in the
same manner as Frontier's NXX information. ln addition, when Onvoy is
authorized to, and is offering, local service to Customers located within the
geographic area covered by a specific directory, at Onvoy's request, Frontier
shall include, at no charge, in the'Customer Guide" or comparable section of the
applicable alphabeticaldirectories, Onvoy's criticalcontact information for
Onvoy's installation, repair and Customer service, as provided by Onvoy. Such
critical contact information shall appear alphabetically by local exchange carrier
and in accordance with Frontier's generally applicable policies. Onvoy 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.
Onvoy acknowledges that if Onvoy desires directory services in addition to those
described herein, such additional services must be obtained under separate
agreement with Frontier's directory publishing company.
5. Voice lnformation Service Traffic
5.1 For purposes of this Section 5, (a) Voice lnformation Service means a service
that provides [i] recorded voice announcement information or [ii] a vocal
discussion program open to the public, and (b)Voice lnformation Service Traffic
means intraLATA switched voice traffic, delivered to a Voice lnformation Service.
Voice lnformation Service Traffic does not include any form of lnternet Traffic.
Voice lnformation Service Traffic also does not include 555 traffic or similar traffic
with AIN service interfaces, which traffic shall be subject to separate
arrangements between the Parties. Voice lnformation Service Traffic is not
subject to Reciprocal Compensation charges under Section 7 of the
I ntercon nection Attachment.
5.2 lf an Onvoy 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, Onvoy shall pay to Frontier without discount
Onvoy Comprehensive ICA lD F13 010318.docx 45
any Voice lnformation Service provider charges billed by Frontier to Onvoy.
Onvoy shall pay Frontier such charges in full regardless of whether or not Onvoy
collects such charges from its Customer.
5.3 Onvoy shall have the option to route Voice Information Service Traffic that
originates on its own network to the appropriate Voice lnformation Service
connected to Frontier's network. ln the event Onvoy exercises such option,
Onvoy 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 Onvoy to route Voice lnformation Service Traffic originated on its network
to Frontier. For such Voice lnformation Service Traffic, unless Onvoy has
entered into a written agreement with Frontier under which Onvoy will collect
from Onvoy's Customer and remit to Frontier the Voice lnformation Service
provider's charges, Onvoy shall pay to Frontier without discount any Voice
lnformation Service provider charges billed by Frontier to Onvoy. Onvoy shall
pay Frontier such charges in full regardless of whether or not Onvoy collects
such charges from its own Customer.
6. lntercept and Referral Announcements
6.1 When a Customer changes its service provider from Frontier to Onvoy, or from
Onvoy 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 Pariy 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 ReferralAnnouncement be provided.
6.2 ReferralAnnouncements shall be provided, in the case of business Customers,
for a period of not less than one hundred and twenty (120) days after the date the
Customer changes its telephone number, and, in the case of residential
Customers, not less than thirty (30) days after the date the Customer changes its
telephone number; provided that if a longer time period is required by Applicable
Law, such longer time period shall apply. Except as otherwise provided by
Applicable Law, the period for a referral may be shortened by the Party formerly
providing service if a number shortage condition requires reassignment of the
telephone number.
6.3 This referral announcement will be provided by each Party at no charge to the
other Party; provided that the Party formerly providing service may bill the
Customer its standard Tariff charge, if any, for the referral announcement.
7
8.
Originating Line Number Screening (OLNS)
Upon Onvoy's request, Frontier will update its database used to provide originating line
number screening (the database of information which indicates to an operator the
acceptable billing methods for calls originating from the calling number (e.9., penal
institutions, COCOTS).
Operations Support Systems (OSS) Services
8.1 Definitions.
The terms listed below shall have the meanings stated below:
Onvoy Comprehensive ICA lD F13 0'l0318.docx 46
8.1.1
8.1.2
8.1.3
8.1.4
8.1.5
8.1.6
8.1.7
8.2 Frontier OSS Services
8.2.1
8.2.2
8.2.3
Frontier Ooerations Suoport Svstems: Frontier systems for pre-
ordering, ordering, provisioning, maintenance and repair, and billing.
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 Onvoy Usage lnformation to
Onvoy pursuant to Section 8.3 of this Attachment; and, (b) 'Frontier
OSS lnformation", as defined in Section 8.1.4 of this Attachment.
Frontier OSS Facilities: Any gateways, interfaces, databases,
facilities, equipment, software, or systems, used by Frontier to provide
Frontier OSS Services to Onvoy.
Frontier OSS lnformation: Any information accessed by, or disclosed
or provided to, Onvoy 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 an Onvoy
Customer accessed by, or disclosed or provided to, Onvoy through or
as a part of Frontier OSS Services; and, (b) any Onvoy Usage
lnformation (as defined in Section 8.1.6 of this Attachment) accessed
by, or disclosed or provided to, Onvoy.
Frontier Retail Telecommunications Service: Any
Telecommunications Service that Frontier provides at retail to
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.
Onvov Usaqe lnformation: For a Frontier Retail Telecommunications
Service purchased by Onvoy 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 retailCustomer.
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.
Upon request by Onvoy, Frontier shall provide to Onvoy Frontier OSS
Services. Such Frontier OSS Services will be provided in accordance
with, but only to the extent required by, Applicable Law.
Subject to the requirements of Applicable Law, Frontier Operations
Support Systems, Frontier Operations Support Systems functions,
Frontier OSS Facilities, Frontier OSS lnformation, and the Frontier
OSS Services that will be offered by Frontier, shall be as determined
by Frontier. Subject to the requirements of Applicable Law, Frontier
shall have the right to change Frontier Operations Support Systems,
Frontier Operations Support Systems functions, Frontier OSS
Facilities, Frontier OSS lnformation, and the Frontier OSS Services,
from time-to-time, without the consent of Onvoy.
To the extent required by Applicable Law, in providing Frontier OSS
Services to Onvoy, Frontier will comply with Frontie/s applicable OSS
Onvoy Comprehensive ICA lD Fl3 010318.docx 47
Change Management Guidelines, as such Guidelines are modified
from time-to-time, including, but not limited to, the provisions of the
Guidelines related to furnishing notice of changes in Frontier OSS
Services. Frontier's OSS Change Management Guidelines will be set
out on a Frontier website.
8.3 Onvoy Usage lnformation.
8.3.1
8.3.2
8.3.3
8.3.4
8.4.1
8.4.2
8.4.3
8.4.4
8.4.5
Upon request by Onvoy, Frontier shall provide to Onvoy Onvoy Usage
lnformation. Such Onvoy Usage lnformation will be provided in
accordance with, but only to the extent required by, Applicable Law.
Onvoy Usage lnformation will be available to Onvoy through Network
Data Mover (NDM) or other such media as mutually agreed by both
Parties.
Onvoy Usage lnformation will be provided in an ATIS EMlformat.
Except as stated in this Section 8.3, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which,
Onvoy Usage lnformation will be provided to Onvoy shall be
determined by Frontier.
8.4 Access to and Use of Frontier OSS Facilities.
Frontier OSS Facilities may be accessed and used by Onvoy only to
the extent necessary for Onvoy's access to and use of Frontier OSS
Services pursuant to this Agreement.
Frontier OSS Facilities may be accessed and used by Onvoy only to
provide Telecommunications Services to Onvoy Customers.
Onvoy shall restrict access to and use of Frontier OSS Facilities to
Onvoy. This Section 8 does not grant to Onvoy any right or license to
grant sublicenses to other persons, or permission to other persons
(except Onvoy's employees, agents and contractors, in accordance
with Section 8.4.7 of this Attachment), to access or use Frontier OSS
Facilities.
Onvoy shall not (a) alter, modify or damage the Frontier OSS Facilities
(including, but not limited to, Frontier software), (b) copy, remove,
derive, reverse engineer, or decompile, software from the Frontier
OSS Facilities, or (c) obtain access through Frontier OSS Facilities to
Frontier databases, facilities, equipment, software, or systems, which
are not offered for Onvoy's use under this Section 8.
Onvoy 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).
8.4.6 All practices and procedures for access to and use of Frontier OSS
Facilities, and all access and user identification codes for Frontier OSS
Facilities: (a) shall remain the property of Frontier; (b) shall be used
by Onvoy only in connection with Onvoy's use of Frontier OSS
Facilities permitted by this Section 8; (c) shall be treated by Onvoy as
Confidential lnformation of Frontier pursuant to Section 10 of the
Onvoy Comprehensive ICA lD F13 010318.docx 48
8.4.7
8.5 Frontier OSS lnformation.
8.5.1
8.5.2
8.5.3
Onvoy Comprehensive ICA lD Fl3 0l0318.docx 49
GeneralTerms and Conditions; and, (d) shall be destroyed or returned
by Onvoy to Frontier upon the earlier of request by Frontier or the
expiration or termination of this Agreement.
Onvoy's employees, agents and contractors may access and use
Frontier OSS Facilities only to the extent necessary for Onvoy's
access to and use of the Frontier OSS Facilities permitted by this
Agreement. Any access to or use of Frontier OSS Facilities by
Onvoy'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 Onvoy a
non-exclusive license to use Frontier OSS lnformation.
All Frontier OSS lnformation shall at alltimes remain the property of
Frontier. Except as expressly stated in this Section 8, Onvoy 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) Onvoy Usage lnformation, (b) CPNI of Onvoy,
and (c) CPNI of a Frontier Customer or an Onvoy Customer, to the
extent the Customer has authorized Onvoy to use the CPNI.
8.5.3.1 Frontier OSS lnformation may be accessed and used by
Onvoy only to provide Telecommunications Services to
Onvoy Customers.
8.5.3.2 Onvoy shall treat Frontier OSS lnformation that is
designated by Frontier, through written or electronic notice
(including, but not limited to, through the Frontier OSS
Services), as'Confidential' or "Proprietary" as Confidential
lnformation of Frontier pursuant to Section 10 of the
General Terms and Conditions.
8.5.3.3 Except as expressly stated in this Section 8, this Agreement
does not grant to Onvoy any right or license to grant
sublicenses to other persons, or permission to other
persons (except Onvoy'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 Onvoy's employees, agents and contractors may access,
use and disclose Frontier OSS lnformation only to the
extent necessary for Onvoy'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 Onvoy's employees, agents or
contractors, shall be subject to the provisions of this
Agreement, including, but not limited to, Section 10 of the
General Terms and Conditions and Section 8.5.3.2 of this
Attachment.
8.5.4
8.5.5 Audits.
8.5.6
8.6 Liabilities and Remedies.
8.5.3.5 Onvoy'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 Onvoy to provide
Telecommunications Services to Onvoy 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 Onvoy shall be
destroyed or returned by Onvoy to Frontier, upon expiration,
suspension or termination of the license to use such
Frontier OSS I nformation.
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), Onvoy's access to Frontier OSS lnformation through
Frontier OSS Services shall terminate upon the expiration or
termination of this Agreement.
8.5.5.1 Frontier shall have the right (but not the obligation) to audit
Onvoy to ascertain whether Onvoy is complying with the
requirements of Applicable Law and this Agreement with
regard to Onvoy's access to, and use and disclosure of,
Frontier OSS lnformation.
8.5.5.2 Without in any way limiting any other rights Frontier may
have under this Agreement or Applicable Law, Frontier shall
have the right (but not the obligation) to monitor Onvoy's
access to and use of Frontier OSS lnformation which is
made available by Frontier to Onvoy pursuant to this
Agreement, to ascertain whether Onvoy is complying with
the requirements of Applicable Law and this Agreement,
with regard to Onvoy's access to, and use and disclosure
of, such Frontier OSS lnformation. The foregoing right shall
include, but not be limited to, the right (but not the
obligation) to electronically monitor Onvoy's access to and
use of Frontier OSS lnformation which is made available by
Frontier to Onvoy 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 Onvoy 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 Aftachment to
enforce Frontie/s rights under this Agreement or Applicable
Law.
Onvoy acknowledges that the Frontier OSS lnformation, by its nature,
is updated and corrected on a continuous basis by Frontier, and
therefore that Frontier OSS lnformation is subject to change from time
to time.
Onvoy Comprehensive ICA lD F13 010318.docx 50
8.6.1 Any breach by Onvoy, or Onvoy'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 Onvoy or
an employee, agent or contractor of Onvoy 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 othenrrrise required by Applicable Law,
Frontier shall have the right, upon notice to Onvoy, 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 Onvoy agrees that Frontier would be irreparably injured by a breach of
Sections 8.4 or 8.5 of this Attachment by Onvoy or the employees,
agents or contractors of Onvoy, 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 Aftachment 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.5222, 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.
Onvoy, at Onvoy's expense, shall reasonably cooperate with Frontier in using
Frontier OSS Services. Such cooperation shall include, but not be limited to, the
following:
8.8.1 Upon request by Frontier, Onvoy 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 Onvoy anticipates submitting in each week of the
next Calendar Quarter.
8.8.2 Onvoy 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.
8.8.3 Onvoy shall participate in cooperative testing of Frontier OSS Services
and shall provide assistance to Frontier in identifying and correcting
mistakes, omissions, interruptions, delays, errors, defects, faults,
failures, or other deficiencies, in Frontier OSS Services.
8.9 Frontier Access to lnformation Related to Onvoy Customers.
8.9.1 Frontier shall have the right to access, use and disclose information
related to Onvoy Customers that is in Frontier's possession (including,
but not limited to, in Frontier OSS Facilities) to the extent such access,
Onvoy Comprehensive ICA lD F13 010318.docx 51
8.9.2
use and/or disclosure has been authorized by the Onvoy Customer in
the manner required by Applicable Law.
Upon request by Frontier, Onvoy shall negotiate in good faith and
enter into a contract with Frontier, pursuant to which Frontier may
obtain access to Onvoy'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 Onvoy Customers (as
authorized by the applicable Onvoy 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.
Intentionally Left Blank].8.10
8.11 Cancellations.
Frontier may cancel orders for service which have had no activity within thirty-
one (31) consecutive calendar days after the original service due date.
9. Poles, Ducts, Conduits and Rights-of-Way
9.1 Frontier shall afford Onvoy non-discriminatory access to poles, ducts, conduits
and rights-of-way owned or controlled by Frontier. Such access shall be
provided in accordance with, but only to the extent required by, Applicable Law,
pursuant to Frontier's applicable Tariffs, or, in the absence of an applicable
Frontier Tariff, Frontier's generally offered form of license agreement, or, in the
absence of such a Tariff and license agreement, a mutually acceptable
agreement to be negotiated by the Parties.
9.2 Onvoy shall afford Frontier non-discriminatory access to poles, ducts, conduits
and rights-of-way owned or controlled by Onvoy. Such access shall be provided
pursuant to Onvoy's applicable Tariffs, or, in the absence of an applicable Onvoy
Tariff, Onvoy's generally offered form of license agreement, or, in the absence of
such a Tariff and license agreement, a mutually acceptable agreement to be
negotiated by the Parties. The terms, conditions and prices offered to Frontier by
Onvoy for such access shall be no less favorable than the terms, conditions and
prices offered to Onvoy by Frontier for access to poles, ducts, conduits and rights
of way owned or controlled by Frontier.
Telephone Numberc
10.1 This Section applies in connection with Onvoy Customers served by
Telecommunications Services provided by Frontier to Onvoy for resale.
10.2 Onvoy'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 Onvoy who is served by a Frontier Telecommunications Service
(VIS') changes the LEC that serves the Customer using such WS (including a
change from Frontier to Onvoy, from Onvoy to Frontier, or from Onvoy to a LEC
other than Frontier), after such change, the Customer may continue to use with
10.
Onvoy Comprehensive ICA lD F13 010318.docx 52
1',| ,
such WS the telephone numbers that were assigned to the WS 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 Onvoy for resale, the type or class of service
subscribed to by the Customer changes.
10.5 lf service on a WS provided by Frontier to Onvoy under this Agreement is
terminated and the telephone numbers associated with such WS have not been
ported to an Onvoy 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,
Onvoy, or Telecommunications Carriers other than Frontier and Onvoy.
10.6 Onvoy may reserve telephone numbers only to the extent Frontier's Customers
may reserve telephone numbers.
Routing for Operator Services and Directory Assistance Traffic
For a Frontier Telecommunications Service dialtone line purchased by Onvoy for resale
pursuant to the Resale Attachment, upon request by Onvoy, Frontier will establish an
arrangement that will permit Onvoy to route the Onvoy Customer's calls for operator and
directory assistance services to a provider of operator and directory assistance services
selected by Onvoy. 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 Onvoy and a
mutually agreed-upon schedule. This routing arrangement will be implemented at
Onvoy's expense, with charges determined on an individualcase basis. ln addition to
charges for initially establishing the routing arrangement, Onvoy will be responsible for
ongoing monthly and/or usage charges for the routing arrangement. Onvoy shall
arrange, at its own expense, the trunking and other facilities required to transport traffic to
Onvoy'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 Party shall be
liable to the other Party for all charges that would be applicable to the Customer for the
initial change in the Customer's Telecommunications Service and any charges for
restoring the Customer's Telecommunications Service to its Customer-authorized
condition (all such charges together, the "Carrier Change Charges"), including to the
appropriate primary Telephone Exchange Service provider. Such Carrier Change
Charges may be assessed on the requesting Party by the other Party at any time after
the Customer is restored to its Customer-authorized condition.
13. Good Faith Performance
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 Onvoy reasonable terms and conditions
Onvoy Comprehensive ICA lD F13 010318.docx 53
(including, without limitation, rates and implementation timeframes) for such Service; and,
if the Parties cannot agree to such terms and conditions (including, without limitation,
rates and implementation timeframes), either Party may utilize the Agreement's dispute
resolution procedures.
Onvoy Comprehensive ICA lD Fl3 010318.docx 54
I NTERCONNECTION ATTACHM 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 mutually agreed
technically feasible Point(s) of lnterconnection on Frontier's network in a LATA and/or (ii)
a fiber meet point to which the Parties mutually agree under the terms of this Agreement,
for the transmission and routing of Telephone Exchange Service and Exchange Access.
By way of example, a technically feasible Point of lnterconnection on Frontier's network
in a LATA would include an applicable Frontier Tandem lnterconnection Wire Center or
Frontier End Office lnterconnection Wire Center but, notwithstanding any other provision
of this Agreement or otherwise, would not include an Onvoy lnterconnection Wire Center,
Onvoy switch or any portion of a transport facility provided by Frontier to Onvoy or
another party between (x) a Frontier lnterconnection Wire Center or switch and (y) the
lnterconnection Wire Center or switch of Onvoy 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 Onvoy.
2.2 Trunk Types.
2.2.1 ln interconnecting their networks pursuant to this Attachment, the
Parties will use, as appropriate, the following separate and distinct
trunk groups:
2.2.1.1 lnterconnection Trunks for the transmission and routing of
Reciprocal Compensation Traffic, translated LEC I ntraLATA
toll free service access code (e.9., 800/888/877) traffic, and
lntraLATA Toll Traffic, between their respective Telephone
Exchange Service Customers, Tandem Transit Traffic, and,
Measured lnternet Traffic, all in accordance with Sections 5
through 8 of this Attachment;
2.2.1.2 Access Toll Connecting Trunks for the transmission and
routing of Exchange Access traffic, including translated
lnterLATA toll free service access code (e.9., 800/888/877)
traffic, between Onvoy Telephone Exchange Service
Customers and purchasers of Switched Exchange Access
Service via a Frontier access Tandem in accordance with
Sections 9 through 11 of this Attachment; and
2.2.1.3 Miscellaneous Trunk Groups as mutually agreed to by the
Parties, including, but not limited to: (a) choke trunks for
traffic congestion and testing; and, (b) untranslated
lntraLATA/lnterLATA toll free service access code (e.9.
800/888/877) traffic.
Onvoy Comprehensive ICA lD F13 010318.docx 55
Other types of trunk groups may be used by the Parties as provided in
other Attachments to this Agreement (e.9., 9-1-1/E9-1-1 Trunks) or in
other separate agreements between the Parties (e.9., directory
assistance trunks, operator services trunks, BLV/BLVI trunks or trunks
for 500/555 traffic).
ln accordance with the terms of this Agreement, the Parties will deploy
One-Way lnterconnection Trunks (trunks with traffic going in one
direction, including one-way trunks and uni-directional two-way trunks)
and/or Two-Way lnterconnection Trunks (trunks with traffic going in
both directions).
Onvoy 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
Onvoy 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
[ATA, which is carried by a Final Tandem lnterconnection Trunk
group, exceeds (a) the Centum CallSeconds (Hundred Call Seconds)
busy hour equivalent of one (1) DSI at any time; (b) 200,000 minutes
of use for a single month; and/or; (c) 600 busy hour Centum Call
Seconds (BHCCS) of use for a single month: (i) if One-Way
lnterconnection Trunks are used, the originating Party shall promptly
establish new or augment existing End Office One-Way
lnterconnection Trunk groups between the Frontier End Office and the
technically feasible Point of lnterconnection on Frontier's network; or,
(ii) if Two-Way lnterconnection Trunks are used, Onvoy 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, Onvoy shall promptly submit an ASR to Frontier to establish
new or additional End Office Trunks to insure that the volume of traffic
between the technically feasible Point of lnterconnection on Frontier's
network and the Frontier Tandem does not exceed the capacity of the
240 trunks.
2.3 One-WaylnterconnectionTrunks.
2.3.1 Where the Parties use One-Way lnterconnection Trunks for the
delivery of traffic from Onvoy to Frontier, Onvoy, at Onvoy's own
expense, shall:
2.3.1.1 provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA; and/or
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
Onvoy Comprehensive ICA lD Fl3 010318.docx 56
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
2.3.2 For each Tandem or End Office One-Way lnterconnection Trunk group
for delivery of traffic from Onvoy to Frontier with a utilization level of
less than sixty percent (60%) for final trunk groups and eighty-five
percent (85%) for high usage trunk groups, unless the Parties agree
otherwise, Onvoy will promptly submit ASRs to disconnect a sufficient
number of lnterconnection Trunks to attain a utilization level of
approximately sixty percent (60%) for all final trunk groups and eighty-
five percent (85%) for all high usage trunk groups. ln the event Onvoy
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 Onvoy shall pay) for the excess
lnterconnection Trunks at the rates set forth in the Pricing Attachment.
2.3.3 Where the Parties use One-Way lnterconnection Trunks for the
delivery of traffic from Frontier to Onvoy, Frontier, at Frontier's own
expense, shall provide its own facilities for delivery of the traffic to the
technically feasible Point(s) of lnterconnection on Frontier's network in
a LATA.
Two-Way I ntercon nection Trunks.
2.4.1 Where the Parties use Two-Way lnterconnection Trunks for the
exchange of traffic between Frontier and Onvoy, Onvoy, 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 Onvoy, 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, Onvoy
shall meet with Frontier to conduct a joint planning meeting ('Joint
Planning Meeting'). At that Joint Planning Meeting, each Party shall
provide to the other Party originating Centum Call Seconds (Hundred
Call Seconds) information, and the Parties shall mutually agree on the
appropriate initial number of End Office and Tandem Two-Way
lnterconnection Trunks and the interface specifications at the
technically feasible Point(s) of lnterconnection on Frontier's network in
a IATA at which the Parties interconnect for the exchange of traffic.
Where the Parties have agreed to convert existing One-Way
lnterconnection Trunks to Two-Way lnterconnection Trunks, at the
Joint Planning Meeting, the Parties shallalso mutually agree on the
conversion process and project intervals for conversion of such One-
Way lnterconnection Trunks to Two-Way lnterconnection Trunks.
2.4
Onvoy Comprehensive ICA lD F13 010318.docx 57
2.4.4
2.4.5
2.4.6
2.4.7
2.4.8
2.4.9
2.4.10
2.4.11
On a semi-annual basis, Onvoy shall submit a good faith forecast to
Frontier of the number of End Office and Tandem Two-Way
lnterconnection Trunks that Onvoy anticipates Frontier will need to
provide during the ensuing two (2) year period for the exchange of
traffic between Onvoy and Frontier. Onvoy'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
I nterconnection Trunks.
Two-Way lnterconnection Trunks shall have SS7 Common Channel
Signaling. The Parties agree to utilize B8ZS and Extended Super
Frame (ESF) DSI facilities, where available.
With respect to End Office Two-Way lnterconnection Trunks, both
Parties shall use an economic Centum Call Seconds (Hundred Call
Seconds) equal to five (5). Either Party may disconnect End Office
Two-Way lnterconnection Trunks that, based on reasonable
engineering criteria and capacity constraints, are not warranted by the
actual traffic volume experienced.
Two-Way lnterconnection Trunk groups that connect to a Frontier
access Tandem shall be engineered using a design blocking objective
of Neal-Wilkinson 8.005 during the average time consistent busy hour.
Two-Way lnterconnection Trunk groups that connect to a Frontier local
Tandem shall be engineered using a design blocking objective of
Neal-Wilkinson 8.01 during the average time consistent busy hour.
Frontier and Onvoy shall engineer Two-Way lnterconnection Trunks
using Telcordia Notes on the Networks SR 2275 (formerly known as
BOC Notes on the LEC Networks SR-TSV-002275).
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.
Onvoy 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. Onvoy 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. Onvoy shallcomplete
ASRs in accordance with OBF Guidelines as in effect from time to
time.
Frontier may (but shall not be obligated to) monitor Two-Way
lnterconnection Trunk groups using service results for the applicable
design blocking objective. lf Frontier observes blocking in excess of
the applicable design objective on any Tandem Two-Way
Interconnection Trunk group and Onvoy has not notified Frontier that it
has corrected such blocking, Frontier may submit to Onvoy a Trunk
Onvoy Comprehensive ICA lD F13 010318.docx 58
2.4.12
2.4.13
2.4.14
3. Alternative lnterconnection Arrangements
3.1 Fiber Meet Arrangement Provisions
3.1.1 Each Party may request a Fiber Meet arrangement by providing
written notice thereof to the other Party if each of the following
conditions has been met: (a) the Parties have consistently been
exchanging an amount of applicable traffic (as set forth in Section
3.1.3 below) in the relevant exchanges equal to at least one (1) DS-3
and (b) neither Onvoy nor any of Onvoy's affiliates has an overdue
balance on any bill rendered to Onvoy or Onvoy's affiliates for charges
that are not subject to a good faith dispute. Any such Fiber Meet
arrangement shall be subject to the terms of this Agreement. ln
Group Service Request directing Onvoy to remedy the blocking. Upon
receipt of a Trunk Group Service Request, Onvoy will complete an
ASR to establish or augment the End Office Two-Way lnterconnection
Trunk group(s), or, if mutually agreed, to augment the Tandem Two-
Way lnterconnection Trunk group with excessive blocking and submit
the ASR to Frontier within five (5) Business Days.
The Parties will review allTandem Two-Way lnterconnection Trunk
groups that reach a utilization level of seventy percent (70o/o), or
greater, to determine whether those groups should be augmented.
Onvoy will promptly augment allTandem Two-Way lnterconnection
Trunk groups that reach a utilization level of eighty percent (80%) by
submitting ASRs for additional trunks sufficient to attain a utilization
level of approximately seventy percent (70Yo), unless the Parties agree
that additionaltrunking is not required. For each Tandem Two-Way
lnterconnection Trunk group with a utilization level of less than sixty
percent (60%), unless the Parties agree othenruise, Onvoy will
promptly submit ASRs to disconnect a sufficient number of
lnterconnection Trunks to attain a utilization level of approximately
sixty percent (60%) for each respective group, unless the Parties
agree that the Two-Way lnterconnection Trunks should not be
disconnected. ln the event Onvoy 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 Onvoy 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
Onvoy'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.
Onvoy will route its traffic, or traffic belonging to its lnterconnected
VolP Provider Customers, to Frontier over the End Office and Tandem
Two-Way lnterconnection Trunks in accordance with SR-TAP-000191,
including but not limited to those standards requiring that a callfrom
Onvoy to a Frontier End Office will first be routed to the End Office
lnterconnection Trunk group between Onvoy and the Frontier End
Office.
Onvoy Comprehensive ICA lD F13 010318.docx 59
3.1.2
3.1.3
Onvoy Comprehensive ICA lD F13 010318.docx 60
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 Translated LEC lntraLATA toll free service access code
(e.9., 800/8881877) traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.3 lntraLATA Toll Traffic between the Parties' respective
Telephone Exchange Service Customers;
3.1.3.4 Tandem Transit Traffic; 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
arrangements established under this Agreement. To the extent that a
Fiber Meet arrangement established under this Agreement is used for
the transmission and routing of traffic of the type set forth in Section
3.1.3.2, the transport and termination of such traffic shall be subject to
the rates and charges set forth in the Agreement and applicable
Tariffs. To the extent that a Fiber Meet arrangement established
under this Agreement is used for the transmission and routing of traffic
of the type set forth in Section 3.1.3.3, the Party originating such traffic
shall compensate the terminating Party for the transport and
termination of such traffic at the rates and charges set forth in the
Agreement and applicable Tariffs. To the extent that a Fiber Meet
arrangement established under this Agreement is used for the
transmission and routing of traffic of the type set forth in Section
3.1.3.4, Frontier shall charge (and Onvoy shall pay) Frontier's
applicable rates and charges as set forth in the Agreement and
Frontier's applicable Tariffs, including transport charges to the
terminating Frontier Tandem.
3.1.4 At Onvoy'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 Onvoy's Telephone Exchange
Service Customers to an operator services provider over
operator services trunks;
3.1.4.2 Directory assistance traffic from Onvoy's Telephone
Exchange Service Customers to a directory assistance
provider over directory assistance trunks;
3.1.4.3 9-1-1 traffic from Onvoy's Telephone Exchange Service
Customers to 9-1 -1lE9-1 -1 Tandem Office(s)/Selective
Router(s) over 9-1-1 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 Onvoy'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 Onvoy shall
pay) Frontier's applicable Tariff rates and charges. Except as
othenarise agreed in writing by the Parties or as expressly set forth in
Sections 3.1.3 and/or 3.1.4 of this lnterconnection Attachment, access
services (switched and unswitched) and unbundled network elements
shall not be provisioned on or accessed through Fiber Meet
arrangements.
3.1.5 Onvoy will include traffic to be exchanged over Fiber Meet
arrangements in its forecasts provided to Frontier under the
Agreement.
ln itiating I nterconnection
4.1 lf Onvoy determines to offer Telephone Exchange Services and to interconnect
with Frontier in any IATA in which Frontier also offers Telephone Exchange
Services and in which the Parties are not already interconnected pursuant to this
Agreement, Onvoy shall provide written notice to Frontier of the need to establish
lnterconnection in such LATA pursuant to this Agreement.
4.
Onvoy Comprehensive ICA lD F13 0103'l8.docx 6t
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) Onvoy's intended lnterconnection activation
date; (d) a forecast of Onvoy's trunking requirements conforming to Section 14.2
of this Attachment; and (e) such other information as Frontier shall reasonably
request in order to facilitate lnterconnection.
The interconnection activation date in the new LATA shallbe 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 Onvoy's notice
provided for in Section 4.1 of this Attachment, Frontier and Onvoy 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 Routing of Telephone Exchange Service 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 Onvoy
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.
5.2.2 When One-Way or Two-Way lnterconnection Trunks are provisioned
using a DS3 interface facility, if Onvoy orders the multiplexed DS3
facilities to a Frontier Central Office that is not designated in the NECA
4Tarilf 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.
5.2.3 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.
4.2
4.3
5.2.4
5.2.5
For multi-frequency (MF) signaling each Party will out pulse ten (10)
digits to the other Party, unless the Parties mutually agree otherwise.
Each Party will use commercially reasonable efforts to monitor trunk
groups under its control and to augment those groups using generally
Onvoy Comprehensive ICA ID F13 0'l0318.docx 62
5.3
accepted trunk-engineering standards so as to not exceed blocking
objectives. Each Party agrees to use modular trunk-engineering
techniques for trunks subject to this Attachment.
Switching System Hierarchy and Trunking Requirements.
For purposes of routing Onvoy 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 caniers'traffic (i.e., traffic will be routed to the appropriate
Frontier Tandem subtended by the terminating End Office serving the Frontier
Customer). For purposes of routing Frontier traffic to Onvoy, the subtending
arrangements between Onvoy Tandems and Onvoy End Offices shall be the
same as the Tandem/End Office subtending arrangements that Onvoy 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 Taritf.
5.5 Grades of Service.
The Parties shall initially engineer and shall monitor and augment all trunk
groups consistent with the Joint Process as set forth in Section 14.1 of this
Attachment.
6. Traffic Measurement and Billing over Interconnection Trunks
6.1 For billing purposes, each Party shall pass Calling Party Number (CPN)
information on at least ninety-five percent (95%) of calls carried over the
lnterconnection Trunks. ln addition each party shall pass Charge Number (CN)
unaltered where it is different than CPN.
6.1.1 As used in this Section 6, "Traffic Rate" means the applicable
Reciprocal Compensation Traffic rate, Measured lnternet Traffic rate,
intrastate Switched Exchange Access Service rate, interstate Switched
Exchange Access Service rate, or intrastate/interstate Tandem Transit
Traffic rate, as provided in the Pricing Attachment, an applicable Tariff,
or, for Measured lnternet Traffic, the FCC lnternet Orders.
6.1.2 lf the originating Party passes CPN on ninety-five percent (95%) or
more of its calls, the receiving Party shall bill the originating Party the
Traffic Rate applicable to each relevant minute of traffic for which CPN
is passed. For any remaining (up to 5%) calls without CPN
information, the receiving Party shall bill the originating Party for such
traffic at the Traffic Rate applicable to each relevant minute of traffic, in
direct proportion to the minutes of use of calls passed with CPN
information.
6.1.3 lf the originating Party passes CPN on less than ninety-five 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
Onvoy Comprehensive ICA lD F13 010318.docx 63
Switched Exchange Access Services rates for alltraffic 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 Rate type, the originating Party will supply Traffic Factor 1 and Traffic
Factor 2. The Traffic Factors shall be supplied in writing by the originating Party
within thirty (30) days of the Effective Date and shall be updated in writing by the
originating Party quarterly. Measurement of billing minutes for purposes of
determining terminating compensation shall be in conversation seconds (the time
in seconds that the Parties equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.9.,
800/888/877) calls shall be in accordance with applicable Tariffs. Measured
lnternet Traffic and Reciprocal Compensation Traffic shall be exchanged by the
parties on a billand keep basis.
6.3 Each Party reserves the right to audit all Traffic, up to a maximum of two audits
per Calendar Year, to ensure that rates are being applied appropriately;
provided, however, that either Party shall have the right to conduct additional
audit(s) if the preceding audit disclosed material errors or discrepancies. Each
Party agrees to provide the necessary Traffic data in conjunction with any such
audit in a timely manner.
Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
6.5 lf and, to the extent that, an Onvoy Customer receives V/FX Traffic, Onvoy shall
promptly provide notice thereof to Frontier (such notice to include, without
limitation, the specific telephone number(s) that the Customer uses for V/FX
Traffic, as well as the LATA in which the Customer's station is actually physically
located) and shall not bill Frontier Reciprocal Compensation, intercarrier
compensation or any other charges for calls placed by Frontier's Customers to
such Onvoy Customers.
7. Reciproca! Compensation Arrangements Pursuant to Section 25f (bxs) of the Act
7.1 ReciprocalCompensation
The Parties shall exchange Reciprocal Compensation Traffic at the technically
feasible Point(s) of lnterconnection on Frontier's network in a LATA designated in
accordance with the terms of this Agreement. The Party's will exchange
Reciprocal Compensation Traffic on a bill and keep basis. No additional charges
shall be assessed by the terminating Party for the transport and termination of
such traffic from the technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA to its Customer; provided, however, for the avoidance of any
doubt, Onvoy shall also pay Frontier, at the rates set forth in the Pricing
Attachment, for any multiplexing, cross connects or other collocation related
Services that Onvoy obtains from Frontier. When Toll Traffic is delivered over
6.4
Onvoy Comprehensive ICA lD Fl3 010318.docx 64
the same lnterconnection Trunks as Reciprocal Compensation Traffic, any port,
transport or other applicable access charges related to the delivery of Toll Traffic
from the technically feasible Point of lnterconnection on Frontier's network in a
LATA to the terminating Party's Customer shall be prorated so as to apply only to
the Toll Traffic. The designation of traffic as Reciprocal Compensation Traffic for
purposes of ReciprocalCompensation shall be based on the actualoriginating
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 Traffic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a
casual dialed (1 OXXXI 01X)O(X) 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
Reciprocal 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 an
Onvoy Customer is assigned a telephone number with an N)fi 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, Onvoy shall pay Frontier's originating access charges for
all V/FX Traffic originated by a Frontier Customer, and Onvoy shall
pay Frontier's terminating access charges for all V/FX Traffic
originated by an Onvoy Customer.
Other Types of Traffic
8.1 [ntentionally Left Blank].
8.2 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.
8.3 For any traffic originating with a third party carrier and delivered by Onvoy to
Frontier, Onvoy shall pay Frontier the same amount that such third party carrier
Onvoy Comprehensive ICA lD F13 010318.docx 65
8.
would have been obligated to pay Frontier for termination of that traffic at the
location the traffic is delivered to Frontier by Onvoy.
8.4 Any traffic not specifically addressed in this Agreement shall be treated as
required by the applicable Tariff of the Party transporting and/or terminating the
traffic.
8.5 The Parties may also exchange 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 Onvoy Telephone Exchange Service
Customers and lnterexchange Carriers ("Access TollConnecting Trunks"), in any
case where Onvoy elects to have its End Office Switch subtend a Frontier
Tandem. This includes casually-dialed (101OXXX and 101XXXX) traffic.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 If Onvoy chooses to subtend a Frontier access Tandem, Onvoy's
NPA/NXX must be assigned by Onvoy 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 Onvoy 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
Onvoy's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such
trunks shall connect the End Office Onvoy utilizes to provide
Telephone Exchange Service and Switched Exchange Access to its
Customers in a given LATA to the access Tandem(s) Frontier utilizes
to provide Exchange Access in such LATA.
9.2.4 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow Onvoy'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 Onvoy 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
9.
10.
Onvoy Comprehensive ICA lD F13 010318.docx 66
herein, and in Frontier's applicable Tariffs. The arrangements described in this
Section 10 are intended to be used to provide Switched Exchange Access
Service where the transport component of the Switched Exchange Access
Service is routed through an access Tandem Switch that is provided by Frontier.
10.2 ln each LATA, the Parties shall establish MPB arrangements for the applicable
Onvoy Routing PoinUFrontier 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.
10.4 Onvoy and Frontier will use reasonable efforts, individually and collectively, to
maintain provisions in their respective state access Tariffs, and/or provisions
within the National Exchange Carrier Association (NECA) Tariff No. 4, or any
successor Tariff sufficient to reflect the MPB arrangements established pursuant
to this Agreement.
10.5 ln general, there are four alternative MPB arrangements possible, which are:
Single Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple Tariff, and
Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines.
Each Party shall implement the'Multiple Bill/Single Tariff' or "Multiple Bill/Multiple
Tariff' option, as appropriate, in order to bill an IXC for the portion of the MPB
arrangement provided by that Party. Alternatively, in former BellAtlantic service
areas, upon agreement of the Parties, each Party may use the New York State
Access Pool on its behalf to implement the Single Bill/Multiple Tariff or Single
Bill/Single Tariff option, as appropriate, in order to bill an IXC for the portion of
the MPB arrangement provided by that Party.
10.6 The rates to be billed by each Party for the portion of the MPB arrangement
provided by it shall be as set forth in that Party's applicable Tariffs, or other
document that contains the terms under which that Party's access services are
offered. For each Onvoy Routing PoinUFrontier Serving lnterconnection Wire
Center combination, the MPB billing percentages for transport between the
Onvoy 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.
10.7 Each Party shall provide the other Party with the billing name, billing address,
and Carrier ldentification Code (ClC) of the lXC, and identification of the Frontier
lnterconnection Wire Center serving the IXC in order to comply with the MPB
notification process as outlined in the MECAB document.
10.8 Frontier shall provide Onvoy with the Terminating Switched Access Detail Usage
Data (EMl category 1101XX records) recorded at the Frontier access Tandem on
cartridge or via such other media as the Parties may agree to, no later than ten
(10) Business Days after the date the usage occurred.
10.9 Onvoy 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.
10.10 All usage data to be provided pursuant to Sections 10.8 and 10.9 of this
Attachment shall be sent to the following addresses:
To Onvoy:
Onvoy Comprehensive ICA lD F13 0'l0318.docx 67
Onvoy, LLC
Attention: John Green
550 West Adams Street, Suite 900
Chicago, lL 60661
For Frontier:
Frontier Communications
Attention: Access Billing
1225 Jefferson Road, Suite A 201
Rochester, NY 14623
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.
Onvoy and Frontier shall coordinate and exchange the billing account reference
(BAR) and billing account cross reference (BACR) numbers or Operating
Company Number ('OCN'), as appropriate, for the MPB arrangements described
in this Section 10. Each Party shall notify the other if the level of billing or other
BAR/BACR elements change, resulting in a new BAR/BACR number, or if the
OCN changes.
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 Party may request a review or audit of the various components of access
recording up to a maximum of two (2) audits per calendar year. All costs
associated with each review and audit shall be borne by the requesting Party.
Such review or audit shall be conducted subject to Section 7 of the General
Terms and Conditions and during regular business hours. A Party may conduct
additional audits, at its expense, upon the other Party's consent, which consent
shall not be unreasonably withheld.
Except as expressly set forth in this Agreement, nothing contained in this Section
10 shall create any liability for damages, losses, claims, costs, injuries, expenses
or other liabilities whatsoever on the part of either Party.
MPB will apply for all traffic bearing the 500, 900, toll free service access code
(e.9. 800/8881877) (to the extent provided by an IXC) or any other non-
geographic NPA which may be designated for such traffic in the future.
ln the event Onvoy determines to offer Telephone Exchange Services in a LATA
in which Frontier operates an access Tandem Switch, Frontier shall permit and
enable Onvoy to subtend the Frontier access Tandem Switch(es) designated for
the Frontier End Offices in the area where there are located Onvoy Routing
Point(s) associated with the NPA NXX(s) to/from which the Switched Exchange
Access Services are homed.
10.11
10.12
10.1 3
10.14
10.15
10.16
Onvoy Comprehensive ICA lD F13 010318.docx 68
10.17 Except as otherwise mutually agreed by the Parties, the MPB billing percentages
for each Routing PoinUFrontier Serving lnterconnection Wire Center combination
shall be calculated according to the following formula, unless as mutually agreed
to by the Parties:
a/(a+b)Onvoy Billing Percentage
and
Frontier Billing Percentageb/(a+b)
where:
a = the airline mileage between Onvoy Routing Point and the actual
point of interconnection for the MPB arrangement; and
[ = the airline mileage between the Frontier Serving lnterconnection
Wire Center and the actual point of interconnection for the MPB arrangement.
10.1 8 Onvoy 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 Onvoy's delivery
of notice to Frontier, Frontier and Onvoy shall confirm the Routing PoinUFrontier
Serving lnterconnection Wire Center combination and billing percentages.
11. Tolt Free Service Access Code (e.9.,800/888/877)Traffic
The following terms shall apply when either Party delivers toll free service access code
(e.9., 800/877I888X'8YY") calls to the other Party. For the purposes of this Section 11,
the terms "translated" and "untranslated" refers to those tollfree 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 Onvoy originating
"untranslated" 8YY traffic will be routed over a separate One-Way miscellaneous Trunk
group.
11.1 When Onvoy delivers translated 8W calls to Frontier to be completed by
11.1.1 an IXC:
11.1.1.1 Onvoy will provide an appropriate EMI record to Frontier;
11.1.1.2 Onvoy will bill the IXC the Onvoy's applicable Switched
Exchange Access Tariff charges and the Onvoy'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 Onvoy will provide an appropriate EMI record to Frontier;
and
11.1.2.2 Onvoy will bill Frontier the Onvoy's Switched Exchange
Access Tariff charges and the Onvoy's applicable Tariff
query charge.
Onvoy Comprehensive ICA lD F13 010318.docx 69
11.2
11.3
11.3.1.2
1 1 .3.1 .3
11.3.2
11.1.3 a toll free service access code service provider in that LATA:
11.1.3.1 Onvoy will provide an appropriate EMI record to Frontier
and the tollfree service access code service provider;
11.1.3.2 Onvoy will bill the toll free service access code service
provider the Onvoy's applicable Switched Exchange Access
Tariff charges and the Onvoy'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 8YY calls, originated
by Frontier's Customer or another LEC's Customer to Onvoy to be completed by
11.2.1 Onvoy:
11.2.1.1 Frontier will provide an appropriate EMI record to Onvoy;
and
11.2.1.2 Frontier will bill Onvoy Frontier's applicable Switched
Exchange Access Tariff charges and Frontie/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 Onvoy
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 Onvoy will bill the toll free service access code service
provider the Onvoy's applicable Switched Exchange Access
Tariff charges.
When Onvoy 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 call to the
appropriate IXC;
Frontier will provide an appropriate EMI record to Onvoy;
Frontier will bill the IXC Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges; and
11.3.1.4 Onvoy will bill the IXC Onvoy's applicable Switched
Exchange Access Tariff charges.
Frontier:
Onvoy Comprehensive ICA lD Fl3 010318.docx 70
11.3.2.1 Frontier will query the call and complete the call;
11.3.2.2 Frontier will provide an appropriate EMI record to Onvoy;
11.3.2.3 Onvoy will bill Frontier the Onvoy'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 Onvoy
and the toll free service access code service provider;
'11.3.3.3 Frontier will bill the toll free service access code service
provider Frontier's applicable Switched Exchange Access
Tariff and Frontier's applicable Tariff query charges; and
11.3.3.4 Onvoy will bill the toll free service access code service
provider the Onvoy's applicable Switched Exchange Access
Tariff charges.
11.4 Frontier will not direct untranslated toll free service access code calls to Onvoy
12. Tandem Transit Traffic
12.1 As used in this Section, Tandem Transit Traffic is Telephone Exchange Service
traffic that originates on Onvoy's network, and is transported through Frontier's
Tandem to the subtending End Office or its equivalent of another carrier (CLEC,
ILEC other than Frontier, Commercial Mobile Radio Service (CMRS) carrier, or
other LEC ('Other Carrie/'). Neither the originating nor terminating customer is a
Customer of Frontier. Subtending End Offices shall be determined in
accordance with and as identified in the Local Exchange Routing Guide (LERG).
For the avoidance of any doubt, under no circumstances shall Frontier be
required to transit traffic through a Frontier Tandem to a Central Office that the
LERG does not identify as subtending that particular Frontier Tandem. Switched
Exchange Access Service traffic is not Tandem Transit Traffic.
12.2 Tandem Transit Traffic Service provides Onvoy with the transport of Tandem
Transit Traffic as provided below.
12.3 Tandem Transit Traffic may be routed over the lnterconnection Trunks described
in Sections 2 through 6 of this Attachment. Onvoy shall deliver each Tandem
Transit Traffic callto Frontier's Tandem with CCS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of CLASS Features and billing functions.
12.4 Onvoy may use Tandem Transit Traffic Service only for traffic that originates on
Onvoy's network and only to send traffic to an Other Carrier with whom Onvoy
has a reciprocal traffic exchange arrangement (either via written agreement or
mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic
originated by Onvoy and to bill Onvoy, and not to bill Frontier, for such traffic.
Onvoy agrees not to use Frontier's Tandem Transit Traffic Service to send traffic
to an Other Carrier with whom Onvoy does not have such a reciprocal traffic
exchange arrangement or to send traffic that does not originate on Onvoy's
network.
Onvoy Comprehensive ICA lD F13 010318.docx 71
12.5 Onvoy 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 Onvoy 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 Onvoy, Frontier
may provide notice to Onvoy of such billing. Upon receipt of such notice, Onvoy
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 Onvoy.
Such certification must be signed by an authorized officer or agent of the Other
Carrier and must be in a form acceptable to Frontier.
12.6 lf Onvoy uses Tandem Transit Traffic Service for traffic volumes that exceed the
Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000
combined minutes of use per month (a DS1 equivalent) to the subtending End
Office of a particular Other Carrier for any month (the "Threshold Level"). Onvoy
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 Onvoy has not exercised good faith efforts promptly to obtain such
direct interconnection, either Party may use the Dispute Resolution processes of
this Agreement.
12.7 lf Onvoy fails to comply with Section 12 of this Attachment, such failure shall be a
material breach of a material provision of this Agreement and Frontier may
exercise any and all remedies under this Agreement and Applicable Law for such
breach.
12.8 lf or when a third party carrier plans to subtend an Onvoy switch, then Onvoy
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, Onvoy shall offer to Frontier a service arrangement
equivalent to or the same as Tandem Transit Traffic Service provided by Frontier
to Onvoy 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 an Onvoy Central Office or its equivalent
('Reciprocal Tandem Transit Service"). Onvoy 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 shalltake any actions to prevent the other Party from entering into
a direct and reciprocaltraffic exchange arrangement with any carrier to which it
originates, or from which it terminates, traffic.
Number Resources, Rate Center Areas and Routing Points
13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely
affect in any manner either Party's right to employ or to request and be assigned
any Central Office Codes (NXX') pursuant to the Central Office Code
Assignment Guidelines and any relevant FCC or Commission orders, as may be
amended from time to time, or to establish, by Tariff or otherwise, Rate Center
Areas and Routing Points corresponding to such NXX codes.
13.
Onvoy Comprehensive ICA lD F13 010318.docx 72
13.2 lt shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided on ASRs as well
as the LERG in order to recognize and route traffic to the other Party's assigned
NXX codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless othenarise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, Onvoy shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Frontier within the LATA and Tandem serving area. Onvoy shall assign whole
NPA-NXX codes to each Rate Center Area unless otherwise ordered by the
FCC, the Commission or another governmental entity of appropriate jurisdiction,
or the LEC industry adopts alternative methods of utilizing NXXs.
13.4 Onvoy will also designate a Routing Point for each assigned NXX code. Onvoy
shall designate one location for each Rate Center Area in which the Onvoy has
established N)fi code(s) as the Routing Point for the NPA-N)fis associated with
that Rate Center Area, and such Routing Point shall be within the same LATA as
the Rate Center Area but not necessarily within the Rate Center Area itself.
Unless specified otherwise, calls to subsequent NXXs of Onvoy will be routed in
the same manner as calls to Onvoy's initial NXXs.
13.5 Notwithstanding anything to the contrary contained herein, nothing in this
Agreement is intended, and nothing in this Agreement shall be construed, to in
any way constrain Onvoy's choices regarding the size of the local calling area(s)
that Onvoy may establish for its Customers, which localcalling areas may be
larger than, smaller than, or identical to Frontier's local calling areas.
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 "Joint Grooming Process" or "Joint Process") which
may define and detail, inter alia:
14.',!.1
14.1.2
14.1.3
14.1.4
14.1.5
Onvoy Comprehensive ICA lD F13 010318.docx 73
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 ind ustry-accepted qual ity, reliabi lity and
availability standards. Except as otherwise stated in this Agreement,
trunks provided by either Party for lnterconnection services will be
engineered using a design-blocking objective of B.01.
the respective duties and responsibilities of the Parties with respect to
the administration and maintenance of the trunk groups, including, but
not limited to, standards and procedures for notification and
discoveries of trunk disconnects;
disaster recovery provision escalations;
additional technically feasible Point(s) of lnterconnection on Frontier's
network in a LATA as provided in Section 2 of this Attachment; and
such other matters as the Parties may agree, including, e.9., End
Office to End Office high usage trunks as good engineering practices
may dictate.
14.2 TrunkForecasting Requirements.
14.2.1 lnitialTrunk Forecast Requirements. At least ninety (90) days before
initiating interconnection in a LATA, Onvoy 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 Onqoino Trunk Forecast Requirements. Where the Parties have
already established interconnection in a LATA, Onvoy shall provide a
new or revised traffic forecast that complies with the Frontier
lnterconnection Trunking Forecast Guide when Onvoy develops plans
or becomes aware of information that will materially affect the Parties'
interconnection in that I-ATA. lnstances that require a new or revised
forecast include, but are not limited to: (a) Onvoy plans to deploy a
new switch; (b) Onvoy plans to implement a new POI or network
architecture; (c) Onvoy plans to rearrange its network; (d) Onvoy plans
to convert a One-Way lnterconnection Trunk group to a Two-Way
lnterconnection Trunk group; (e) Onvoy plans to convert a Two-Way
lnterconnection Trunk group to a One-Way lnterconnection Trunk
group; or (f) Onvoy expects a significant change in interconnection
traffic volume. ln addition, upon request by either Party, the Parties
shall meet to: (i) review traffic and usage data on End Office and
Tandem lnterconnection Trunk groups and (ii) determine whether the
Parties should establish new lnterconnection Trunk groups, augment
existing lnterconnection Trunk groups, or disconnect existing
I nterconnection 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 Onvoy or Frontier.
Number Portability - Section 251(BX2)
15.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP ("Local Number Portability").
The Parties willfollow 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 numbe(s) corresponding to the Telephone Exchange
Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
15.
Onvoy Comprehensive ICA lD F13 010318.docx 74
15.2.2
15.2.3
15.2.4
15.2.5
15.2.6
15.2.7
15.2.8
Onvoy Comprehensive ICA lD F13 010318.docx 75
work together to port the Customer's telephone numbe(s) from Party
A's network to Party B's network.
When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported number(s)from its Line lnformation Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B's Customer.
When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
When a Customer of Party A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Party A
shall implement the ten-digit trigger feature where it is available.
When Party A receives the porting request, the unconditionaltrigger
shall be applied to the Customer's line before the due date of the
porting activity. When the ten-digit unconditional trigger is not
available, Party A and Party B must coordinate the disconnect activity.
The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the lnitialAddress Message (lAM), according to
industry standards.
Where LNP is commercially available, the NXXs in the office shall be
defined as portable, except as noted in 15.2.7, and translations will be
changed in the Parties' switches to open those NXXs for database
queries in all applicable LNP capable offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches
will be equipped with LNP capability and so noted in the LERG.
All N)fis assigned to LNP capable switches are to be designated as
portable unless a Mfi(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.
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 N)(X for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer.
15.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
15.4.1 lf Party B desires to have LNP capability deployed in an End Office of
Party A, which is not currently capable, Party B shall issue a LNP
request to Party A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and 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 Onvoy 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 Communications 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 Onvoy 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.
Onvoy Comprehensive ICA lD Fl3 010318.docx 76
TRAFFIC EXCHANGE ATTACHMENT
1.General
Where both Parties subtend the same Tandem Switch operated by a third party (such
third party hereinafter referred to as the "Third Party Tandem Provider" and such switch
hereinafter referred to as the "Third Party Tandem Switch"), then, subject to the terms
and conditions of this Attachment, for those NPA/NXX codes assigned by each Party to
Rate Center Areas served by that Third Party Tandem Switch, the Parties may
reci procally exchan ge Reciprocal Compensation Traff ic, Meas u red I nternet 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.
2. 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 traffic with the other Party under this
Attachment.
2.2 Forecasting Requirements.
2.2.1
2.2.2
Within ninety (90) days of executing the Agreement, Onvoy 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.
Ongoing forecast requirements. Where the Parties are already
exchanging traffic through a Third Party Tandem Switch in a LATA,
Onvoy shall provide a new or revised traffic forecast when Onvoy
develops plans or becomes aware of information that will materially
affect the Parties' exchange of traffic through such Third Party
Onvoy Comprehensive ICA lD F13 010318.docx 77
Tandem Switch in that LATA. lnstances that require a new or revised
forecast include, but are not limited to: (i) Onvoy plans to deploy a new
switch; (ii) Onvoy plans to implement interconnection in accordance
with the lnterconnection Attachment or a new network architecture; (iii)
Onvoy plans to rearrange its network; or (iv) Onvoy expects a
significant change in traffic volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are
not binding on Onvoy or Frontier.
2.3 Prior to exchanging traffic through a Third Party Tandem Switch, Onvoy 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
Onvoy switch through a Third Party Tandem Switch exceeds (a) the Centum Call
Second (Hundred Call Second) busy hour equivalent of one (1) DS-1 at any time;
(b) 200,000 combined minutes of use for any month; (c) 600 busy hour Centum
Call Seconds (BHCCS) of use for a single month, upon the written request of
either Party, the Parties shall meet promptly and consider whether to
interconnect their respective networks pursuant to the lnterconnection
Attachment. ln the event the Parties so interconnect their respective networks,
the Parties shall discontinue exchanging any and all traffic through the Third
Party Tandem Switch, unless the Parties otherwise agree to continue exchanging
traffic but, on an overflow basis, through the Third Party Tandem Switch.
2.5 Nothing in this Attachment shall be read to require either Party to establish
and/or maintain a subtending arrangement with a Third Party Tandem Provider
3. lnitiating Traffic Exchange Under This Attachment
3.1 lf Onvoy 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, Onvoy shall provide
written notice to Frontier of its request to exchange traffic through a Third Party
Tandem Switch in such LATA pursuant to this Attachment.
3.2 The notice provided in Section 3.1 of this Attachment shall include (a) Onvoy's
proposed traffic exchange activation date; (b) a forecast of Onvoy'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.
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
Onvoy Comprehensive ICA lD F13 010318.docx 78
Attachment, by traffic type (i.e., Reciprocal Compensation Traffic, Measured
lnternet Traffic, intraLATA Toll Traffic, and lntraLATA toll free service access
code traffic), such receiving Party shall bill the originating Party the rate
applicable to each relevant minute of traffic for which CPN is received. lf the
receiving Party lacks the capability, on an automated basis, to use CPN
information on an automated basis to classify traffic received from the other Party
by traffic type, the originating Party will supply Traffic Factor 1 and Traffic Factor
2. ln any case, the Traffic Factors shall be supplied in writing by the originating
Party within thirty (30) days of the Effective Date and shall be updated in writing
by the originating Party quarterly. Measurement of billing minutes for purposes
of determining terminating compensation shall be in conversation seconds (the
time in seconds that a Party's equipment is used for a completed call, measured
from the receipt of answer supervision to the receipt of disconnect supervision).
Measurement of billing minutes for originating toll free service access code (e.9.,
800/888/877)calls shall be in accordance with applicable Tariffs. Determination
as to whether traffic is Reciprocal Compensation Traffic or Measured lnternet
Traffic shall be made in accordance with Paragraphs 8 and 79, and other
applicable provisions, of the FCC lnternet Order (including, but not limited to, in
accordance with the rebuftable 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 all traffic exchanged under this Attachment,
up to a maximum of two audits per calendar year, to ensure that rates are being
applied appropriately; provided, however, that either Party shall have the right to
conduct additional audit(s) if the preceding audit disclosed material errors or
discrepancies. Each Party agrees to provide the necessary traffic data in
conjunction with any such audit in a timely manner.
4.4 Nothing in this Agreement shall be construed to limit either Party's ability to
designate the areas within which that Party's Customers may make calls which
that Party rates as "local" in its Customer Tariffs.
4.5 lf and, to the extent that, an Onvoy Customer receives V/FX Traffic exchanged
under this Attachment, Onvoy shall promptly provide notice thereof to Frontier
(such notice to include, without limitation, the specific telephone number(s) that
the Customer uses for V/FX Traffic, as well as the LATA in which the Customer's
station is actually physically located) and shall not bill Frontier Reciprocal
Compensation, intercarrier compensation or any other charges for calls placed
by Frontier's Customers to such Onvoy Customers.
4.6 ln the event Onvoy provides service to any Customer who is also a third party
lnterconnected VolP Provider and Onvoy chooses to combine its traffic and the
third party lnterconnected VolP Provider's traffic onto Onvoy's trunk groups,
Onvoy agrees to be responsible for any compensation required under this
Agreement. Frontier will not provide any billing break down by OCN when traffic
is commingled.
5. Reciprocal Compensation Arrangements Pursuant to Section 251(bXS) of the Act
5.1 ReciprocalCompensation.
The Party originating Reciprocal Compensation Traffic shall compensate the
terminating Party for the transport and termination of such traffic to its Customer
in accordance with Section 251(bXs) of the Act at the equal and symmetrical
Onvoy Comprehensive ICA lD Ft3 010318.docx 79
5.2
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 Onvoy shall pay Frontier) the End Office
Reciprocal Compensation rate set forth in the Pricing Attachment for Reciprocal
Compensation Traffic Frontier receives from Onvoy and Onvoy shall charge (and
Frontier shall pay Onvoy) the End Office Reciprocal Compensation rate set forth
in the Pricing Attachment for Reciprocal Compensation Traffic Onvoy receives
from Frontier. No additional charges shall be assessed by the terminating Party
for the transport and termination of such traffic received from the other Party;
provided, however, for the avoidance of any doubt, neither Party may assess
upon, or pass through to, the other Party any charges billed by (or on behalf of)
the Third Party Tandem Provider. The designation of traffic as Reciprocal
Compensation Traffic for purposes of Reciprocal Compensation shall be based
on the actual originating and terminating points of the complete end-to-end
communication.
Traffic Not Subject to Reciprocal Compensation.
5.2.1 Reciprocal Compensation shall not apply to interstate or intrastate
Exchange Access (including, without limitation, Virtual Foreign
Exchange Traffic (i.e., V/FX Traffic)), lnformation Access, or exchange
services for Exchange Access or lnformation Access.
5.2.2 Reciprocal Compensation shall not apply to lnternet Traffic.
5.2.3 Reciprocal Compensation shall not apply to Toll Traffic, including, but
not limited to, calls originated on a 1+ presubscription basis, or on a
casual dialed (1 0XXX1 0'1X)fiX) 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(b)(5) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange
Traffic (i.e., V/FX Traffic). As used in this Agreement, "Virtual Foreign
Exchange Traffic" or'V/FX Traffic" is defined as calls in which an
Onvoy Customer is assigned a telephone number with an N)(X 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, Onvoy shall pay Frontier's originating access charges for
all V/FX Traffic originated by a Frontier Customer, and Onvoy shall
pay Frontier's terminating access charges for all V/FX Traffic
originated by an Onvoy Customer.
The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by Onvoy to Frontier shall not
5.3
Onvoy Comprehensive ICA lD F13 010318.docx 80
b.
exceed the Reciprocal Compensation rates (including, but not limited to,
Reciprocal Compensation per minute of use charges) billed by Frontier to Onvoy.
Other Types of Traffic
6.1 Notwithstanding any other provision of this Agreement or othenrvise: (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 Tariffs.
6.3 For any traffic originating with a third party carrier and delivered by Onvoy to
Frontier, Onvoy 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 Onvoy.
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.
Toll Free Service Access Code (e.9.,800/888/877)Traffic
The following terms shall apply when either Party delivers lntraLATA toll free service
access code (e.9., 800/8771888) ("8YY") calls to the other Party under this Attachment.
For the purposes of this Section 7, the terms "translated" refer to those toll free service
access code calls that have been queried ("translated") to an 8YY database.
7.1 When Onvoy delivers translated lntraLATA 8YY calls to Frontier for completion:
7.1.1 by Frontier:
7.1.1.1 Onvoy will provide an appropriate EMI record to Frontier;
and
7.1.1.2 Onvoy will bill Frontier the Onvoy's Switched Exchange
Access Tariff charges and the Onvoy's applicable Tariff
query charge.
7.1.2 by a toll free service access code service provider in that LATA:
7.1.2.1 Onvoy will provide an appropriate EMI record to Frontier
and the toll free service access code service provider; and
7.1.2.2 Onvoy will bill the toll free service access code service
provider the Onvoy's applicable Switched Exchange Access
Tariff charges and the Onvoy's applicable Tariff query
charges; and
7,
Onvoy Comprehensive ICA lD F13 010318.docx 81
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 Frontie/s or another LEC's Customer for completion:
7.2.1 by Onvoy:
7.2.1.1 Frontier will provide an appropriate EMI record to Onvoy;
and
7.2.1.2 Frontier will bill Onvoy Frontier's applicable Switched
Exchange Access Tariff charges and Frontier's applicable
Tariff query charges.
7.2.2 by a toll free service access code service provider in that LATA:
7.2.2.1 Frontier will provide an appropriate EMI record to Onvoy
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 Frontie/s applicable Tariff query
charges; and
7.2.2.3 Onvoy will bill the toll free service access code service
provider the Onvoy's applicable Switched Exchange Access
Tariff charges.
7.3 Frontier will not direct untranslated toll free service access code calls to Onvoy.
Onvoy 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 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 N)(X codes.
8.2 It shall be the responsibility of each Party to program and update its own
switches and network systems pursuant to information provided in the LERG in
order to recognize and route traffic to the other Party's assigned NXX codes.
Except as expressly set forth in this Agreement, neither Party shall impose any
fees or charges whatsoever on the other Party for such activities.
8.3 Unless otherwise required by Commission order, the Rate Center Areas will be
the same for each Party. During the term of this Agreement, Onvoy shall adopt
the Rate Center Area and Rate Center Points that the Commission has approved
for Frontier within the LATA and Tandem serving area. Onvoy 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.
Onvoy will also designate a Routing Point for each assigned NXX code. Onvoy
shall designate one location for each Rate Center Area in which the Onvoy has
Onvoy Comprehensive ICA lD Fl3 010318.docx 82
8.
8.4
established N)(X 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 Onvoy will be routed in
the same manner as calls to Onvoy's initial NXXs.
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 Onvoy's choices regarding the size of the local calling area(s)
that Onvoy 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 25{(BX2)
9.1 Scope.
9.2
8.5
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
Procedures for Providing LNP ("Local Number Portability").
The Parties will follow the LNP provisioning process recommended by the North
American Numbering Council(NANC) and the lndustry Numbering Council (lNC),
and adopted by the FCC. ln addition, the Parties agree to follow the LNP
ordering procedures established at the OBF. The Parties shall provide LNP on a
reciprocal basis.
9.2.1 A Customer of one Party ("Party A") elects to become a Customer of
the other Party ("Party B"). The Customer elects to utilize the original
telephone numbe(s) corresponding to the Telephone Exchange
Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After
Party B has received authorization from the Customer in accordance
with Applicable Law and sends an LSR to Party A, Parties A and B will
work together to port the Customer's telephone number(s) from Party
A's network to Party B's network.
When a telephone number is ported out of Party A's network, Party A
will remove any non-proprietary line based calling card(s) associated
with the ported number(s) from its Line lnformation Database (LIDB).
Reactivation of the line-based calling card in another LIDB, if desired,
is the responsibility of Party B or Party B's Customer.
9.2.3 When a Customer of Party A ports their telephone numbers to Party B
and the Customer has previously secured a reservation of line
numbers from Party A for possible activation at a future point, these
reserved but inactive numbers may be ported along with the active
numbers to be ported provided the numbers have been reserved for
the Customer. Party B may request that Party A port all reserved
numbers assigned to the Customer or that Party A port only those
numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign
those numbers. Party B shall not reassign the reserved numbers to
another Customer.
9.2.4 When a Customer of Party A ports their telephone numbers to Party B,
in the process of porting the Customer's telephone numbers, Party A
Onvoy Comprehensive ICA lD F13 010318.docx 83
9.2.2
shall implement the ten-digit trigger feature where it is available. When
Party A receives the porting request, the unconditional trigger shall be
applied to the Customer's line before the due date of the porting
activity. When the ten-digit unconditional trigger is not available, Party
A and Party B must coordinate the disconnect activity.
9.2.5 The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the lnitialAddress Message (lAM).
9.2.6 Where LNP is commercially available, the NXXs in the office shallbe
defined as portable, except as noted in Section 9.2.7, and translations
will be changed in the Parties' switches to open those NXXs for
database queries in all applicable LNP capable offices within the LATA
of the given switch(es). On a prospective basis, all newly deployed
switches will be equipped with LNP capability and so noted in the
LERG.
9.2.7 All NXXs assigned to LNP capable switches are to be designated as
portable unless a NXX(s) has otherwise been designated as non-
portable. Non-portable NXXs include NXX codes assigned to paging
services; NXX codes assigned for internal testing and official use and
any other NXX codes required to be designated as non-portable by the
rules and regulations of the FCC. NXX codes assigned to mass calling
on a choked network may not be ported using LNP technology but are
portable using methods established by the NANC and adopted by the
FCC. On a prospective basis, newly assigned codes in switches
capable of porting shall become commercially available for porting with
the effective date in the network.
9.2.8 Both Parties' use of LNP shall meet the performance criteria specified
by the FCC. Both Parties will act as the default carrier for the other
Party in the event that either Party is unable to perform the routing
necessary for LNP.
9.3 Procedures for Providing NP Through Full NXX Code Migration
Where a Party has activated an entire NXX for a single Customer, or activated at
least eighty percent (80%) of an NXX for a single Customer, with the remaining
numbers in that NXX either reserved for future use by that Customer or otherwise
unused, if such Customer chooses to receive Telephone Exchange Service from
the other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will be
accomplished with appropriate coordination between the Parties and subject to
appropriate industry lead times for movements of M(Xs from one switch to
another. Neither Party shall charge the other in connection with this coordinated
transfer.
9.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a
reciprocal basis through a written request. The Parties acknowledge that
Frontier has deployed LNP throughout its network in compliance with FCC 96-
286 and other applicable FCC Regulations.
9.4.1 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
Onvoy Comprehensive ICA lD F13 010318.docx 84
request to Party A. Party A will respond to the Party B, within ten (10)
days of receipt of the request, with a date for which LNP will be
available in the requested End Office. Party A shall proceed to
provide for LNP in compliance with the procedures and timelines set
forth in FCC 96-286, Paragraph 80, and FCC 97-74, Paragraphs 65
through 67.
9.4.2 The Parties acknowledge that each can determine the LNP-capable
End Offices of the other through the Local Exchange Routing Guide
(LERG). 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 Onvoy 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 Communications 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 Onvoy 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.
Onvoy Comprehensive ICA lD F13 010318.docx 85
RESALE ATTACHMENT
1. General
Frontier shall provide to Onvoy, 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 Onvoy; provided, that notwithstanding any
other provision of this Agreement, Frontier shall be obligated to provide
Telecommunications Services to Onvoy only to the extent required by Applicable Law
and may decline to provide a Telecommunications Service to Onvoy to the extent that
provision of such Telecommunications Service is not required by Applicable Law.
2. Use of Frontier Telecommunications Services
2.1 Frontier Telecommunications Services may be purchased by Onvoy under this
Resale Attachment only for the purpose of resale by Onvoy as a
Telecommunications Carrier. Frontier Telecommunications Services to be
purchased by Onvoy for other purposes (including, but not limited to, Onvoy's
own use) must be purchased by Onvoy pursuant to other applicable Attachments
to this Agreement (if any), or separate written agreements, including, but not
limited to, applicable Frontier Tariffs.
2.2 Onvoy 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 Onvoy to comply with this
Section 2.2, Onvoy shall take those actions required by Applicable
Law to determine the eligibility of Onvoy 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. Onvoy shall indemnify
Frontier from any Claims resulting from Onvoy's failure to take such
actions required by Applicable Law.
2.2.6 Frontier may perform audits to confirm Onvoy's conformity to the
provisions of this Section 2.2. Such audits may be performed twice
per calendar year and shall be performed in accordance with Section 7
of the General Terms and Conditions.
2.3 Onvoy shall be subject to the same limitations that Frontier's Customers are
subject to with respect to any Telecommunications Service that Frontier
Onvoy Comprehensive ICA lD F13 010318.docx 86
2.4
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.
Onvoy 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 Onvoy Customers.
2.5
3.Availability of Frontier Telecommunications Services
3.1 Frontier will provide a Frontier Telecommunications Service to Onvoy for resale
pursuant to this Attachment where and to the same extent, but only where and to
the same extent that such Frontier Telecommunications Service is provided to
Frontier's Customers.
3.2 Except as otherwise required by Applicable Law, subject to Section 3.1 of this
Attachment, Frontier shall have the right to add, modify, grandfather, discontinue
or withdraw Frontier Telecommunications Services at any time, without the
consent of Onvoy.
3.3 To the extent required by Applicable Law, the Frontier Telecommunications
Services to be provided to Onvoy 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 individualcase based pricing arrangement) that Frontier is providing to a
Frontier Customer at the time the CSA is requested by Onvoy.
4. Responsibility for Charges
4.1 Onvoy 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
Onvoy, Onvoy Customers or any other persons, through, by means of, or in
association with, Telecommunications Services provided by Frontier to Onvoy
pursuant to this Resale Attachment.
4.2 Upon request by Onvoy, Frontier will provide for use on resold Frontier retail
Telecommunications Service dial tone lines purchased by Onvoy such Frontier
retailTelecommunications Service call blocking and callscreening services as
Frontier provides to its own end user retail Customers, where and to the extent
Frontier provides such Frontier retail Telecommunications Service call blocking
services to Frontier's own end user retail Customers. Onvoy 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 Onvoy's
purchase of such blocking or screening services, Onvoy'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 Onvoy intended to
block. Notwithstanding the foregoing, Onvoy shall be responsible for and shall
Onvoy Comprehensive ICA lD F13 010318.docx 87
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 Frontier and its suppliers shall retain all of their right, title and interest
in allfacilities, equipment, software, information, and wiring used to
provide Frontier Telecommunications Services.
5.1.2 Frontier shall have access at all reasonable times to Onvoy Customer
locations for the purpose of installing, inspecting, maintaining,
repairing, and removing, facilities, equipment, software, and wiring
used to provide the Frontier Telecommunications Services. Onvoy
shall, at Onvoy's expense, obtain any rights and authorizations
necessary for such access.
5.1.3 Except as otherwise agreed to in writing by Frontier, Frontier shall not
be responsible for the installation, inspection, repair, maintenance, or
removal of facilities, equipment, software, or wiring provided by Onvoy
or Onvoy Customers for use with Frontier Telecommunications
Services.
5.2 Branding.
5.2.1 Except as stated in Section 5.2.2 of this Attachment, in providing
Frontier Telecommunications Services to Onvoy, 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 Onvoy to use Frontier's Marks.
5.2.2 To the extent required by Applicable Law, upon request by Onvoy and
at prices, terms and conditions to be negotiated by Onvoy and
Frontier, Frontier shall provide Frontier Telecommunications Services
for resale that are identified by Onvoy'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, Onvoy will be responsible for
entering into a direct contractual arrangement with the third-party
contractor at Onvoy's expense (a) to obtain identification of Frontier
operator services or Frontier directory assistance purchased by Onvoy
for resale with Onvoy's trade name, or (b) to obtain removal of Frontier
Marks from Frontier operator services or Frontier directory assistance
purchased by Onvoy for resale.
5.2.3
b.Rates and Charges
The rates and charges for Frontier Telecommunication Services purchased by Onvoy for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
Attachment.
Onvoy Comprehensive ICA lD F13 010318.docx BB
7.Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date of this Agreement, has not
provided in the State of ldaho a Service offered under this Attachment, Frontier reserves
the right to negotiate in good faith with Onvoy 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.
Onvoy Comprehensive ICA lD Fl3 0'l0318.docx 89
1
NETWORK ELEMENTS ATTACHMENT
General
1.1 Frontier shall provide to Onvoy, 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 Onvoy
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 Onvoy 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 Onvoy 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 Onvoy. Without limiting the foregoing, Onvoy may not access a
UNE or Combination for the exclusive provision of Mobile Wireless Services or
lnterexchange Services. For purposes of this section, "lnterexchange Services"
shall have the meaning set forth in the Triennial Review Remand Order and
subsequent applicable FCC orders.
1.3.1 Frontier shall not be obligated to provide to Onvoy, and Onvoy shall
not request from Frontier, access to a proprietary advanced intelligent
network service.
1.4 Nothing contained in this Agreement shall be deemed to constitute an agreement
by Frontier that any item identified in this Agreement as a Network Element is (i)
a Network Element under the Federal Unbundling Rules, or (ii) a Network
Element Frontier is required by the Federal Unbundling Rules to provide to
Onvoy on an unbundled basis or in combination with other Network Elements.
1.5 lf as the result of Onvoy Customer actions (e.9., Customer Not Ready ("CNR')),
Frontier cannot complete requested work activity when a technician has been
dispatched to the Onvoy Customer premises, Onvoy 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).
Onvoy Comprehensive ICA lD F13 0'l0318.docx 90
Absence or Cessation of Unbundlino Obliqation and Related Provisions. The
following provisions shall apply notwithstanding any other provision of this
Agreement or any Frontier Tariff or SGAT:
1.6.1 DiscontinuedFacilities.
1.6.1.1 Frontier may cease offering or providing Onvoy 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 Onvoy. Subject to Section 1.7
below, if a facility on or at any time after the Effective Date
is or becomes a Discontinued Facility, Frontier, to the extent
it has not already ceased providing unbundled access to
such Discontinued Facility, and provided it has given at
least ninety (90) days written notice of discontinuance in
cases where it has not already ceased providing such
access, will continue to provide unbundled access to such
Discontinued Facility under the Agreement only through the
effective date of the notice of discontinuance, and not
beyond that date.
1.6.1.2 Where Frontier is permitted to cease providing a
Discontinued Facility pursuant to Section 1.6.1 above and
Onvoy 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 Onvoy. 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 shallapply unless a different rate applies under
an applicable special access term/volume plan or other
special access tariff arrangement in which Onvoy is then
enrolled), a resale arrangement, or other analogous
arrangement that Frontier shall identify or has identified in
writing to Onvoy, or (b) in lieu of such a conversion, reprice
the subject Discontinued Facility by application of a new
rate (or, in Frontier's sole discretion, by application of a
surcharge to an existing rate) to be equivalent to an
arrangement available under a Frontier access tariff (at
month-to-month rates unless a different rate applies under
an applicable special access term/volume plan or other
special access tariff arrangement in which Onvoy is then
enrolled), a resale arrangement, or other analogous
arrangement that Frontier shall identify or has identified in
1.6
Onvoy Comprehensive ICA lD F13 010318.docx 91
writing to Onvoy; provided, however, that Frontier may
disconnect the subject Discontinued Facility (or the
replacement service to which the Discontinued Facility has
been converted) if Onvoy fails to pay when due any
applicable new rate or surcharge billed by Frontier.
1.7 TRRO Certification and Related Provisions.
1.7.1 TRRO Certification. Before requesting unbundled access to a DS1
Loop, a DS3 Loop, DS1 Dedicated Transport, DS3 Dedicated
Transport, including, but not limited to, any of the foregoing elements
that constitute part of a Combination or that Onvoy seeks to convert
from another wholesale service to an unbundled network element
(collectively, "TRRO Certification Elements"), Onvoy must undertake a
reasonably diligent inquiry and, based on that inquiry, certify that, to
the best of its knowledge, Onvoy's request is consistent with the
requirements of the TRRO and that Onvoy is entitled to unbundled
access to the subject element pursuant to section 251(cX3) of the Act.
Onvoy shall provide such certification using the automated method
that Frontier makes available for that purpose. Onvoy'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 Onvoy 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 Onvoy under a non-disclosure
agreement or that is otherwise available to Onvoy.
1.7.2 Provision-then-DisputeRequirements.
1.7 .2.1 Upon receiving a request from Onvoy for unbundled access
to a TRRO Certification Element and the certification
required by Section 1.7.1 above, and except as provided in
Section 1.7.2.3 below, Frontier shall process the request in
accordance with any applicable standard intervals. lf
Frontier wishes to challenge Onvoy's right to obtain
unbundled access to the subject element pursuant to 47
U.S.C. $ 251(c)(3), then (except as provided in Section
1.7.2.3 below) Frontier must provision the subject element
as a UNE and then seek resolution of the dispute by the
Commission or the FCC, or through such other dispute
resolution process that Frontier elects to invoke under the
dispute resolution provisions of this Agreement.
1.7.2.2 lf a dispute pursuant to section 1.7.2.1 above is resolved in
Frontier's favor, then Onvoy shall compensate Frontier for
the additional charges that would apply if Onvoy had
ordered the subject facility or service on a month-to-month
term under Frontier's interstate special access tariff 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 monthto-month rates shall apply until
such time as Onvoy requests disconnection of the subject
facility or an alternative term that Frontier offers under its
interstate special access tariff for the subject facility or
service.
Onvoy Comprehensive ICA lD F13 010318.docx 92
1.7.2.2.1 lntentionally Left Blank
1.7.2.3 Notwithstanding any other provision of the Agreement,
Frontier may reject an Onvoy order for a TRRO Certification
Element without first seeking dispute resolution: (a) in any
case where Onvoy's order conflicts with a provision of a
Frontier Tariff, (b) in any case where Onvoy's order conflicts
with a non-impaired UNE Wire Center designation set forth
in a Wire Center List that Frontier has made available to
Onvoy by notice and/or by publication on Frontier's
wholesale website, (c) in any case where Onvoy's order
conflicts with a non-impaired UNE Wire Center designation
that the Commission or the FCC has ordered or approved
or that has otherwise been confirmed through previous
dispute resolution (regardless of whether Onvoy was a party
to such dispute resolution), or (d) as otherwise permitted
under the Federal Unbundling Rules (including, but not
limited to, upon a determination by the Commission, the
FCC, or a court of competent jurisdiction that Frontier may
reject orders for TRRO Certification Elements without first
seeking dispute resolution).
1.8 Limitation With Resoect to Replacement Arranqements. 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 underthe FederalUnbundling Rules (including without limitation any
arrangement, facility, service or the like that Frontier offers under an access tariff)
shall be deemed not to have been conducted pursuant to the Agreement, 47
U.S.C. $ 252(a)(1), or 47 C.F.R. Part 51, and shall not be subject to arbitration or
other requirements under to 47 U.S.C. S 252(b). Any reference in this
Attachment to Frontier's provision of a arrangement, facility, service or the like
that Frontier is not required to provide under the Federal Unbundling Rules is
solely for the convenience of the Parties and shall not be construed to require or
permit: (a) arbitration pursuant to 47 U.S.C. S 252(b) of the rates, terms, or
conditions upon which Frontier may provide such arrangement, facility, service or
the like, or (b) application of 47 U.S.C. $ 252 in any other respect.
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
Onvoy access to the following:
2.1 Loops, as set forth in Section 3 of this Attachment;
2.2 Line Splitting (also referred to as "Loop Sharing"), as set forth in Section 4 of this
Attachment;
2.3 [ntentionally Left Blank];
2.4 Sub-Loops, as set forth in Section 6 of this Aftachment;
2.5 Sub-Loop for Multiunit Tenant Premises Access, as set forth in Section 7 of this
Attachment;
2.6 flntentionally Left Blankl
Onvoy Comprehensive ICA lD F13 010318.docx 93
2.7 Network lnterface Device, as set forth in Section 9 of this Attachment;
2.8 ilntentionally Left Blankl;
2.9 Dedicated Transport (may also be referred to as "lnteroffice Transmission
Facilities") (or "lOF"), as set forth in Section 11 of this Aftachment;
2.10 [ntentionally Left Blank];
2.11 Operations Support Systems, as set forth in Section 13 of this Attachment; and
2.12 Other UNEs in accordance with Section 14 of this Attachment.
3. Loop Transmission Types
3.'1 Subject to the conditions set forth in Section 1 of this Attachment, Frontier shall
allow Onvoy 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 Onvoy access to Loops in accordance
with, but only to extent required by, the Federal Unbundling Rules. Subject to the
foregoing and the provisions regarding FTTP Loops, in Section 3.5 below, and
Hybrid Loops, in Section 3.6 below, the available Loop types are as set forth
below:
3.1 .'1 '2 Wire Analog Voice Grade Loop" or'Analog 2W" provides an
effective 2-wire channelwith 2-wire interfaces at each end that is
suitable for the transport of analog Voice Grade (nominal 300 to 3000
Hz) signals and loop-start signaling. This Loop type is more fully
described in Frontier Technical Reference (TR)-72565, as revised
from time-totime. lf 'Customer-Specified Signaling' is requested, the
Loop will operate with one of the following signaling types that may be
specified when the Loop is ordered: loop-start, ground-start, loop-
reverse-battery, and no signaling. Customer specified signaling is
more fully described in Frontier TR-72570, as revised from time-to-
time. Frontier will not build new facilities or modify existing facilities
except to the extent required in Section 17 of this Attachment.
3.1.2 "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 signaling.
This Loop type is more fully described in Frontier TR-72570, as
revised from time-to-time. Frontier will not build new facilities or
modify existing facilities except to the extent required in Section 17 of
this Attachment.
3.1.3 '2-Wire ISDN Digital Grade Loop" or'BRl ISDN' provides a channel
with 2-wire interfaces at each end that is suitable for the transport of
160 kbps digitalservices using the ISDN 2B1Q line code. This Loop
type is more fully described in American National Standards lnstitute
(ANSI) T1.601-1998 and Frontier TR72575, as revised from timeto-
time. ln some cases loop extension equipment may be necessary to
bring the line loss within acceptable levels. Frontier will provide loop
extension equipment only upon request. A separate charge will apply
for loop extension equipment. The 2-Wire ISDN Digital Grade Loop is
Onvoy Comprehensive ICA lD F13 010318.docx 94
3.1.4
3.1.5
3.1 .6
3.1.7
available only in the former BellAtlantic Service Areas. ln the former
GTE Service Areas only, Onvoy 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 TR72575,
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, Onvoy may order a 2-
Wire Digital Compatible Loop using 2-wire ADSL ordering codes to
provide similar capability.
"2-Wire HDSl-Compatible Loop" or'HDSL 2W" consists of a single 2-
wire non-loaded, twisted copper pair that meets the carrier serving
area design criteria. This Loop type is more fully described in Frontier
TR-72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 2-Wire HDSl-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. The 2-Wire HDSL-Compatible
Loop is available only in the former Bell Atlantic Service areas. ln the
former GTE Service Areas only, Onvoy may order a 2-Wire Digital
Compatible Loop using 2-Wire HDSL ordering codes to provide similar
capability. Frontier will not build new facilities or modify existing
facilities except to the extent required in Sections 3.2 or 17 of this
Attachment.
'4-Wire HDSL-Compatible Loop" or'HDSL 4W" consists of two 2-wire
non-loaded, twisted copper pairs that meet the carrier serving area
design criteria. This Loop type is more fully described in Frontier TR-
72575, as revised from time-to-time. The HDSL power spectral
density mask and dc line power limits referenced in Frontier TR 72575,
as revised from time-to-time, must be met. 4-Wire HDSl-Compatible
Loops will be provided only where existing facilities are available and
can meet applicable specifications. Frontier will not build new facilities
or modify existing facilities except to the extent required in Sections
3.2 or 17 of this Attachment.
"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 veryJow band
symmetric DSL systems that meet the Class 1 signal power limits and
other criteria in the T1E1.4 loop spectrum management standard
(T1E1.412000-002R3) and are not compatible with 28lQ 160 kbps
ISDN transport systems. The actualdata rate achieved depends upon
the performance of CLEC-provided modems with the electrical
Onvoy Comprehensive ICA lD F13 010318.docx 95
3.1.8
3.1.9
3.1.10
characteristics associated with the loop. This Loop type is more fully
described in Tl E1.4/2000-002R3, as revised from time-totime. 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, Onvoy may order a 2-
Wire DigitalCompatible Loop using ISDN ordering codes to provide
similar capability. Frontier will not build new facilities or modify
existing facilities except to the extent required in Sections 3.2 or 17 of
this Aftachment.
'2-Wire SDSL-Compatible Loop', is intended to be used with low band
symmetric DSL systems that meet the Class 2 signal power limits and
other criteria in the T1E1.4 loop spectrum management standard
(T1E1.412000-002R3). This Loop consists of a single 2-wire non-
loaded, twisted copper pair that meets Class 2 length limit in
T1E1.412000-002R3. 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 inf1E1.412000-002R3, as revised from time-to-time. The
2-Wire SDSL-Compatible Loop is available only in the former Bell
Atlantic Service Areas. ln the former GTE Service Areas only, Onvoy
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
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 Onvoy 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 Aftachment.
"DS1 Loops" provide a digital transmission channel suitable for the
transport of 1.544 Mbps digital signals. This Loop type is more fully
described in Frontier TR72575, as revised from time to time. The DS1
Loop includes the electronics necessary to provide the DS1
transmission rate. lf, at the requested installation date, the electronics
necessary to provide the DSI transmission rate are not available for
the requested DSI 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 Aftachment. lf the
electronics necessary to provide Clear Channel (B8ZS) signaling are
at the requested installation date available for a requested DSI Loop,
upon request by Onvoy, 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
Onvoy Comprehensive ICA lD F13 010318.docx 96
3.1.1'.1
3.1.12
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 of 1.544 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DSI Loop set forth in
this section.
'DS3 Loops'will support the transmission of isochronous bipolar serial
data at a rate of 44.736 Mbps (the equivalent of 28 DSI channels).
This Loop type is more fully described in Frontier TR 72575, as
revised from time to time. The DS3 Loop includes the electronics
necessary to provide the DS3 transmission rate. lf, at the requested
installation date, the electronics necessary to provide the DS3
transmission rate are not available for the requested DS3 Loop, then
Frontier will not install new electronics except to the extent required in
Section 17 of this Attachment. Frontier will not build new facilities and
will not modify existing facilities except to the extent required in
Section 17 of this Attachment. For purposes of provisions
implementing any right Frontier may have to cease providing
unbundled access to DS3-capacity loops under the TRRO pursuant to
Section 1 of this Attachment, the term "DS3 Loop" further includes any
type of Loop described in Section 3.1 of the Network Elements
Attachment that provides a digital transmission channel suitable for the
transport of 44.736 Mbps digital signals, regardless of whether the
subject Loop meets the specific definition of a DS3 Loop set forth in
this section.
ln the former BellAtlantic Service Areas only, "Digital Designed Loops"
are comprised of designed loops that meet specific Onvoy
requirements for metallic loops over 18k ft. or for conditioning of
ADSL, HDSL, SDSL, IDSL, or BRI ISDN Loops. "Digital Designed
Loops" may include requests for:
3.1.12.1 a 2W Digital Designed Metallic Loop with a total loop length
of 18k to 30k ft., unloaded, with the option to remove
bridged tap;
3.1.12.2 a 2W ADSL Loop of 12k to 18k ft. with an option to remove
bridged tap (such a Loop with the bridged tap so removed
shall be deemed to be a "2WADSL Compatible Loop");
3.1.12.3 a 2W ADSL Loop of less than 12k ft. with an option to
remove bridged tap (such a Loop with the bridged tap so
removed shall be deemed to be a "2W ADSL Compatible
Loop");
3.1.12.4 a 2W HDSL Loop of less than 12k ft. with an option to
remove bridged tap:
3.1.12.5 a 4W HDSL Loop of less than 12k ft with an option to
remove bridged tap;
3.1.12.6 a 2 W Digital Designed Metallic Loop with Frontier-placed
ISDN loop extension electronics;
3.1.12.7 a 2W SDSL Loop with an option to remove bridged tap; and
Onvoy Comprehensive ICA lD F13 0103l8.docx 97
3.1.13
3.1.14
3.1.12.8 a 2W IDSL Loop of less than 18k ft. with an option to
remove bridged tap;
Frontier shall make Digital Designed Loops available Onvoy 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 Onvoy requirements
for metallic loops over 12k fl. or for conditioning of 2-wire or 4-wire
digitalor BRI ISDN Loops. "Conditioned Loops" may include requests
for:
3.1.14.1 a 2W Digital Loop with a total loop length ot 12k to 30k ft.,
unloaded, with the option to remove bridged tap (such a
Loop, unloaded, with bridged tap so removed shall be
deemed to be a'2W Digital Compatible Loop");
3.1.14.2
3.1.14.3
3.1.14.4
a 2W Digital Loop of 12k to 18k ft. with an option to remove
load coils and/or bridged tap (such a Loop with load coils
and/or bridged tap so removed shall be deemed to be a
"2W Digital Compatible Loop");
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");
a 2W Digital Loop with Frontier-placed ISDN loop extension
electronics (such a Loop with ISDN loop extension
electronics so placed shall be deemed to be a "2W Digital
Compatible Loop").
3.1.15 Frontier shall make Conditioned Loops available to Onvoy 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 Onvoy shall place orders for xDSL Compatible Loops, Digital
Designed and Conditioned Loops by delivering to Frontier a valid
electronic transmiftal Service Order or other mutually agreed upon
type of Service Order. Such Service Order shall be provided in
accordance with industry format and specifications or such format and
specifications as may be agreed to by the Parties.
ln former Bell Atlantic Service Areas, Frontier is conducting a
mechanized survey of existing Loop facilities, on a Central Office by
Central Office basis, to identify those Loops that meet the applicable
technical characteristics established by Frontier for compatibility with
xDSL Compatible or BRI ISDN signals. The results of this survey will
be stored in a mechanized database and made available to Onvoy as
the process is completed in each CentralOffice. Onvoy must utilize
this mechanized loop qualification database, where available, in
advance of submifting 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
3.2.2
3.2
Onvoy Comprehensive ICA lD F13 010318.docx 98
3.2.3
3.2.4
3.2.5
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.
Onvoy must access Frontier's mechanized loop qualification system
through the use of the on-line computer interface at
http://wholesa le.f rontier. com/wholesale/ in advance of subm itting a
valid electronic transmittal Service Order for xDSL service
arrangements. The loop qualification information provided by Frontier
gives Onvoy 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 Onvoy to evaluate the loop
qualification information provided by Frontier and determine whether a
loop meets Onvoy requirements for xDSL Service, including
determining whether conditioning should be ordered, prior to
submitting an Order.
lf the Loop is not listed in the mechanized database described in
Section 3.2.2 of this Attachment, Onvoy 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 BellAtlantic Service Areas only.
lf a query to the mechanized loop qualification database or manual
loop qualification indicates that a Loop does not qualify (e.9., because
it does not meet the applicable technical parameters set forth in the
Loop descriptions above), Onvoy 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, Onvoy will submit a Service
Order pursuant to Section 3.2.1 of this Aftachment 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
Onvoy Comprehensive ICA lD F13 010318.docx 99
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 shalt apply as set forth in
the Pricing Attachment.
lf Onvoy 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 Onvoy for qualification and will not accept such
Service Order untilthe Loop has been prequalified on a mechanized
or manual basis. lf Onvoy 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 Onvoy 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 Onvoy has followed the prequalification procedure described
above and has determined that a Loop is not compatible with xDSL
technologies or BRI ISDN service in its existing condition, it may either
request an Engineering Query, where available, to determine whether
conditioning may make the Loop compatible with the applicable
service; or if Onvoy is already aware of the conditioning required (e.g.,
where Onvoy has previously requested a qualification and has
obtained loop characteristics), Onvoy 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 Onvoy's valid, accurate and pre-qualified Service Order for a
DigitalDesigned Loop.
The Parties willmake reasonable efforts to coordinate their respective
roles in order to minimize provisioning problems. ln general, where
conditioning or loop extensions are requested by Onvoy, 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
Onvoy's valid, accurate and pre-qualified Service Order for
a Digital Designed or Conditioned Loop to analpe 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 Onvoy.
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.
3.2.6
3.2.7
3.2.8
Onvoy Comprehensive ICA lD F13 010318.docx 100
3.2.9 lf Onvoy requires a change in scheduling, it must contact Frontier to
issue a supplement to the original Service Order. lf Onvoy cancels the
request for conditioning after a loop analysis has been completed but
prior to the commencement of construction work, Onvoy shall
compensate Frontier for an Engineering Work Order charge as set
forth in the Pricing Attachment. lf Onvoy cancels the request for
conditioning after the loop analysis has been completed and after
construction work has started or is complete, Onvoy shallcompensate
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 Onvoy Telephone Exchange Services provisioned over
Analog 2W Loops to be provided by Frontier to Onvoy:
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 Onvoy does
not request a coordinated cutover, Frontier will process
Onvoy's order as a new installation subject to applicable
standard provisioning intervals.
3.3.1.2 Onvoy 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 Onvoy 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, Onvoy and Frontier shall mutually agree on
a New Conversion Time, as defined below. Onvoy 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 othenarise required by the Federal
Unbundling Rules, Frontier shall provide Onvoy the
scheduled due date for conversion of the Analog 2W Loops
covered by such LSR.
3.3.1.3 Onvoy shall provide dial tone at the Onvoy 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
3.3
Onvoy Comprehensive ICA lD F13 01031B.docx 101
3.3.1.5
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.
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 Onvoy; and
3.3.1 .5.2 lf Onvoy requests to reschedule outside the one
(1) hour time frame above, Onvoy shall be
charged an additionalAnalog 2W Loops Service
Order Charge for rescheduling the conversion to
the New Conversion Time.
lf Onvoy 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 Onvoy will reschedule and, upon request from
Onvoy, Frontier will credit the Analog 2W Loop Service
Order Charge for the original Scheduled Conversion Time.
The standard time interval expected from disconnection of a
live Telephone Exchange Service to the connection of the
Analog 2W Loops to Onvoy 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.
Conversions involving LNP will be completed according to
North American Numbering Council(NANC) standards, via
the regional Number Portability Administration Center
(NPAC).
lf Onvoy 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.
3.3.1.6
3.3.1.7
3.3.1.8
3.4
3.5
3.3.1.9
fl ntentionally Left Blankl
FTTP Loops
Onvoy Comprehensive ICA lD F13 010318.docx 102
3.5.1
3.5.2
3.6 Hybrid Loops.
3.6.1
3.6.2
3.6.3
Onvoy Comprehensive ICA lO F13 010318.docx 103
New Builds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, Onvoy shall not be entitled to obtain access to a
FTTP Loop, or any segment thereof, on an unbundled basis when
Frontier deploys such a Loop to the Customer premises of an end user
that has not been served by any Frontier Loop other than a FTTP
Loop.
Overbuilds. Notwithstanding any other provision of the Agreement or
any Frontier Tariff, if (a) Frontier deploys an FTTP Loop to replace a
copper Loop previously used to serve a particular end user's customer
premises, and (b) Frontier retires that copper Loop and there are no
other available copper Loops or Hybrid Loops for Onvoy'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 Onvoy 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.
Packet Switched Features, Functions, and Capabilities.
Notwithstanding any other provision of this Agreement or any Frontier
Tariff or SGAT, Onvoy 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 Aftachment, when Onvoy 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 Onvoy with unbundled
access to the existing time division multiplexing features, functions,
and capabilities of that Hybrid Loop, including DSI 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 DSI Loop or a DS3
Loop under Section '1 of this Attachment) to establish a complete time
division multiplexing transmission path between the main distribution
frame (or equivalent) in a Frontier End Office serving an end user to
the demarcation point at the end use/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 Onvoy seeks access to a Hybrid Loop for the
provision to its Customer of 'nanowband services", as such term is
defined by the FCC, then in accordance with, but only to the extent
required by, the Federal Unbundling Rules, Frontier shall, in its sole
discretion, either (a) provide access to a spare home-run copper Loop
serving that Customer on an unbundled basis, or (b) provide access,
on an unbundled basis, to a DSO voice-grade transmission path
between the main distribution frame (or equivalent) in the end user's
serving End Office and the end user's Customer premises, using time
division multiplexing technology.
3.6.4 IDLC Hvbrid Looos and Loops Provisioned via Loop Concentrator.
Subject to the conditions set forth in Section 1 of this Attachment, if
Onvoy 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 Onvoy 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 Onvoy 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 Onvoy, provide
unbundled access to a DSO voice-grade transmission path
between the main distribution frame (or equivalent) in the
end user's serving End Office and the end user's Customer
premises via such technically feasible alternative that
Frontier in its sole discretion may elect to employ. ln
addition to the rates and charges payable in connection with
any unbundled Loop so provisioned by Frontier, Onvoy 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 Onvoy'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 Onvoy after construction work has
started, Onvoy shall be responsible for cancellation charges
and a pro-rated charge for construction work performed
prior to the cancellation.
3.6.4.3 Frontier may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.6.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Agreement
or elsewhere.
4. Line Splitting (also referred to as "Loop Sharing")
4.1 Line Splitting is a process in which one CLEC provides narrowband voice service
over the low frequency portion of an unbundled copper Loop obtained from
Frontier (such CLEC may be referred to as the 'VLEC") and a second CLEC
provides digital subscriber line service over the high frequency portion of that
same Loop (such CLEC may be referred to as the "DLEC"). Line Splitting is
accomplished through the use of a splitter collocated at the Frontier central office
where the Loop terminates into a distribution frame or its equivalent.
4.2 Subject to the conditions set forth in Section 1 of this Attachment, Onvoy may
engage in Line Splitting, in accordance with this Section 4 and the rates and
Onvoy Comprehensive ICA lD F13 0'l03l8.docx 104
4.3
4.4
4.5
4.6
4.7
charges provided for in the Pricing Attachment. Frontier shall provide access to
Line Splitting in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
Any Line Splitting between Onvoy and another CLEC shall be accomplished by
prior negotiated arrangement between Onvoy and the other CLEC. Onvoy shall
give Frontier written notice of this arrangement through the Frontier
Communications Local Service Customer Profile Form (formerly referred to as
the Frontier Wholesale Local Service Customer Profile Form) on the Frontier
Communications 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 Onvoy.
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 Onvoy's engaging in Line Splitting pursuant to this Section 4,
Onvoy may order for use in a Line Splitting arrangement, those Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, appropriate for Line Splitting, that are offered to
Onvoy by Frontier under the other sections of this Agreement. Such Network
Elements, Combinations, Collocation arrangements, services, facilities,
equipment and arrangements, will be provided to Onvoy 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.
Onvoy 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 after any required
engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is
performed.
Frontier shall not be liable for any claims, damages, penalties, liabilities or the
like of any kind for disruptions to either Onvoy's or the other CLEC's respective
voice or data services over a Line Splitting arrangement.
5. flhis Section lntentionally Left Blankl
6. Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Onvoy Comprehensive ICA lD Fl3 010318.docx 105
Onvoy, Frontier shall allow Onvoy 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 Onvoy 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-LoopArranoement-Distribution(USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Onvoy, Frontier shall provide Onvoy 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 Onvoy 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 Onvoy may request that Frontier reactivate (if available) an unused
drop and NID or provide Onvoy with access to a drop and NID that, at
the time of Onvoy's request, Frontier is using to provide service to the
Customer (as such term is hereinafter defined).
6.1.2 Upon site-specific request, Onvoy 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 Aftachment. 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. Onvoy 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 Onvoy 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 Onvoy at such
terminal. lf Onvoy obtains access to a Sub-Loop Distribution Facility
from a TOPIC, Onvoy shall install a TOPIC on an easement or Right of
Way obtained by Onvoy 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 an Onvoy 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
Onvoy for any of Onvoy's electronics in the TOPIC. Onvoy shall
provide any easement, Right of Way or trenching or supporting
structure required for any portion of an interconnecting cable that runs
beyond a Frontier easement.
6.1.3 Onvoy may request from Frontier by submitting a loop make-up
engineering query to Frontier, and Frontier shall provide to Onvoy, 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-
Onvoy Comprehensive ICA lD Fl3 010318.docx 106
6.1.4
6.1.5
6.1.6
6.1.7
6.1.8
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,
Onvoy must first request that Frontier connect the Frontier FDI to
which the Sub-Loop Distribution Facility is connected to an Onvoy
TOPIC. To make such a request, Onvoy must submit to Frontier an
application (a "Sub-Loop Distribution Facility lnterconnection
Application") that identifies the FDI at which Onvoy 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 Onvoy's demand
for access to Sub-Loop Distribution Facilities at the requested FDl.
Onvoy must submit the application fee set forth in the Pricing
Attachment attached hereto and Frontier's applicable Tariffs (a'Sub-
Loop Distribution Facility Application Fee") with Sub-Loop Distribution
Facility lnterconnection Application. Onvoy must submit Sub-Loop
lnterconnection Applications to:
Onvoy's Account Manager
Within si(y (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 Onvoy 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 lnterconnection Cost Statement").
Onvoy shall pay to Frontier fifty percent (50%) of the cost set forth in a
Sub-Loop Distribution Facility lnterconnection Cost Statement within
sixty (60) days of Onvoy'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 Onvoy breaches its payment obligation under this
Section. Upon Frontier's completion of the work that Frontier must
perform to provide Onvoy with access to a Sub-Loop Distribution
Facility, Frontier shall bill Onvoy, and Onvoy 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 an Onvoy TOPIC and Onvoy has paid the full cost of such
installation, Onvoy can request the connection of Frontier Sub-Loop
Distribution Facilities to the Onvoy TOPIC. At the same time, Onvoy
shall advise Frontier of the services that Onvoy 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. Onvoy shall run any crosswires within the TOPIC.
lf Onvoy requests that Frontier reactivate an unused drop and NlD,
then Onvoy shall provide dial tone (or its DSL equivalent) on the
Onvoy Comprehensive ICA lD F13 010318.docx 107
Onvoy 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 Onvoy dial tone or equivalent from the
TOPIC. lf Onvoy requests that Frontier provide Onvoy with access to a
Sub-Loop Distribution Facility that, at the time of Onvoy's request,
Frontier is using to provide service to a Customer, then, after Onvoy
has looped two interconnecting pairs through the TOPIC and at least
twenty tour (24) hours before the due date, a Frontier technician shall
crosswire the dial tone from the Frontier central office through the
Frontier side of the TOPIC and back out again to the Frontier FDI and
Frontier Sub-Loop Distribution Facility using the "loop through"
approach. On the due date, Onvoy shalldisconnect Frontier's dial
tone, crosswire its dial tone to the Sub-Loop Distribution Facility and
submit Onvoy's LNP request.
6.1.9 Frontier will not provide access to a Sub-Loop Distribution Facility if
Frontier is using the loop of which the Sub-Loop Distribution Facility is
a part to provide line sharing service to another CLEC or a service that
uses derived channeltechnology to a Customer unless such other
CLEC first terminates the Frontier-provided line sharing or such
Customer first disconnects the service that utilizes derived channel
technology.
6.1.10 Frontier shall provide Onvoy 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 Onvoy and subject to the time and material rates set
forth in Pricing Attachment and the rates, terms and conditions of
Frontier's applicable Tariffs. Onvoy 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) Onvoy reports to Frontier a Customer trouble, (b) Onvoy 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, Onvoy 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 Onvoy is not
available at the appointed time. lf as the result of Onvoy 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 Onvoy by Frontier. lf as the result of Onvoy 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 Onvoy by Frontier.
Intentionally Left Blank]
Collocation in Remote Terminals
To the extent required by Applicable Law, Frontier shall allow Onvoy 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
6.2
o.J
Onvoy Comprehensive ICA lD F13 010318.docx 108
Attachment and the Pricing Attachment.
7. Sub-Loop for Multiunit Tenant Premises Access
llntentionally Left Blankl.
8. flntentionally Left Blankl
9. Network lnter{ace Device
9.1 Subject to the conditions set forth in Section 1 of this Attachment and upon
request by Onvoy, Frontier shall permit Onvoy to connect an Onvoy 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 Onvoy with access to NlDs in accordance
with, but only to the extent required by, the Federal Unbundling Rules. Onvoy
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 Onvoy NID deployed
by Onvoy or, if an entrance module is available in the Frontier NlD, by connecting
an Onvoy 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 Onvoy access, remove, disconnect or in any other way
rearrange Frontier's Loop facilities from Frontier's NlDs, enclosures, or
protectors.
9.3 ln no case shall Onvoy 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 Onvoy remove or disconnect ground wires from Frontier's NlDs,
enclosures, or protectors.
9.5 ln no case shall Onvoy remove or disconnect NID modules, protectors, or
terminals from Frontier's NID enclosures.
9.6 Maintenance and control of premises lnside Wiring is the responsibility of the
Customer. Any conflicts between service providers for access to the Customer's
lnside Wiring must be resolved by the person who controls use of the wiring
(e.9., the Customer).
When Onvoy is connecting an Onvoy-provided Loop to the lnside Wiring of a
Customer's premises through the Customer's side of the Frontier NlD, Onvoy
does not need to submit a request to Frontier and Frontier shall not charge
Onvoy for access to the Frontier NlD. ln such instances, Onvoy 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.
9.7
9.8 Due to the wide variety of NlDs utilized by Frontier (based on Customer size and
environmental considerations), Onvoy 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, Onvoy may remove the lnside Wiring
9.2
9.4
Onvoy Comprehensive ICA lD F13 010318.docx 109
9.8.2
from the Customer's side of the Frontier NID and connect that lnside
Wiring to Onvoy's NlD.
Where an adequate length of lnside Wiring is not present or
environmental conditions do not permit, Onvoy 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 Onvoy 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. Onvoy,
its agent, the building owner or the Customer). lf Onvoy 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. Onvoy, its
agent, the building owner or the Customer).
[This Section Intentionally Left BIank]
Dedicated Transport
11.1 Subject to the conditions set forth in Section 1 of this Attachment, where facilities
are available, at Onvoy's request, Frontier shall provide Onvoy with Dedicated
Transport unbundled from other Network Elements at the rates set forth in the
Pricing Attachment. Frontier shall provide Onvoy with such Dedicated Transport
in accordance with, but only to the extent required by, the Federal Unbundling
Rules. Except as provided in Section 17 below, Frontier will not install new
electronics, and Frontier will not build new facilities. For the avoidance of any
doubt, notwithstanding any other provision of this Agreement, Frontier shall not
be required to provide, and Onvoy 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, Onvoy has purchased (or purchases) transport from
Frontier under a Frontier Tariff or othenarise, and Onvoy 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
wriften 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, Onvoy shall pay any and all conversion charges (e.9., non-recurring
charges), as well as 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.
[This Section !ntentionally Left Blankl
Operations Support Systems
Onvoy Comprehensive ICA lD F13 010318.docx 110
10.
11.
12.
{3.
Subject to the conditions set forth in Section 1 of this Attachment and in Section 8 of the
Additional Services Attachment, Frontier shall provide Onvoy with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance
and repair, and billing. Frontier shall provide Onvoy with such access in accordance with,
but only to the extent required by, the Federal Unbundling Rules. All such transactions
shall be submitted by Onvoy through such electronic interfaces.
14.1 Any request by Onvoy 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. Onvoy shall provide
Frontier access to its Network Elements as mutually agreed by the Parties or as
required by the Federal Unbundling Rules.
14.2 Notwithstanding anything to the contrary in this Section 14, aParly shall not be
required to provide a proprietary Network Element to the other Party under this
Section 14 except as required by the Federal Unbundling Rules.
14.3 Network Element Bona Fide Request (BFR).
14.3.1 Each Party shall promptly consider and analyze access to a new
unbundled Network Element in response to the submission of a
Network Element Bona Fide Request by the other Party hereunder.
The Network Element Bona Fide Request process set forth herein
does not apply to those services requested pursuant to Report &
Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992)
fl 259 and n.603 or subsequent orders.
A Network Element Bona Fide Request shall be submitted in writing
and shall include a technical description of each requested Network
Element.
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.
Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Party
shall provide to the requesting Party a preliminary analysis of such
Network Element Bona Fide Request. The preliminary analysis shall
confirm that the receiving Party will offer access to the Network
Element or will provide a detailed explanation that access to the
Network Element is not technically feasible and/or that the request
does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
14.3.5
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
Onvoy Comprehensive ICA lD F13 010318.docx 1',t1
14. Availability of Other Network Elements on an Unbundled Basis
14.3.2
Party. When it receives such authorization, the receiving Party shall
promptly develop the requested services, determine their availability,
calculate the applicable prices and establish installation intervals.
Unless the Parties otherwise agree, the Network Element requested
must be priced in accordance with Section 252(dxl) of the Act.
14.3.7 As soon as feasible, but not more than ninety (90) days after its receipt
of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party
a Network Element Bona Fide Request quote which will include, at a
minimum, a description of each Network Element, the availability, the
applicable rates, and the installation intervals.
14.3.8 Within thirty (30) days of its receipt of the Network Element Bona Fide
Request quote, the requesting Party must either confirm its order for
the Network Element Bona Fide Request pursuant to the Network
Element Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
14.3.9 lf a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network
Element Bona Fide Request in good faith, or disputes a determination,
or price or cost quote, or is failing to act in accordance with Section
251 of the Act, such Party may seek mediation or arbitration by the
Commission pursuant to Section 252 of the Act.
15. Maintenance of Network Elements
lf (a) Onvoy reports to Frontier a Customer trouble, (b) Onvoy requests a dispatch, (c)
Frontier dispatches a technician, and (d) such trouble was not caused by Frontier's
facilities or equipment in whole or in part, then Onvoy 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 Onvoy is not available at the
appointed time. Onvoy accepts responsibility for initial trouble isolation and providing
Frontier with appropriate dispatch information based on its test results. lf, as the result of
Onvoy 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 Onvoy by Frontier. lf as the result of Onvoy 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 Onvoy by Frontier. Frontier agrees to respond to Onvoy 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,Commingting,andConversions
16.1 Subject to and without limiting the conditions set forth in Section 1 of this
Attachment:
16.1.1 Frontier will not prohibit the commingling of a Qualifying UNE with
Qualifying Wholesale Services, but only to the extent and so long as
commingling and provision of such Network Element (or combination
of Network Elements) is required by the Federal Unbundling Rules.
Moreover, to the extent and so long as required by the Federal
Unbundling Rules, Frontier shall, upon request of Onvoy, perform the
functions necessary to commingle Qualifying UNEs with Qualifying
Onvoy Comprehensive ICA lD F13 010318.docx 112
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 Onvoy requires Frontier to perform 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 shallapply until such time as a
standard charge is established pursuant to the terms set forth in the
Pricing Attachment.
16.1.2 Ratcheting, i.e., a pricing mechanism that involves billing a single
circuit at multiple rates to develop a single, blended rate, shall not be
required. UNEs that are commingled with Wholesale Services are not
included in the shared use provisions of the applicable Tariff, and are
therefore not eligible for adjustment of charges under such provisions.
Frontier may exclude its performance in connection with the
provisioning of commingled facilities and services from standard
provisioning intervals and from performance measures and remedies,
if any, contained in the Agreement or elsewhere.
16.1.3 Limitation on Section 16.1. Section 16.1 is intended only to address
the Parties' rights and obligations as to combining and/or commingling
of UNEs that Frontier is already required to provide to Onvoy 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 DSI 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 DS1 Dedicated Transport commingled with DSI
channel termination access service'
16.2.1.4 unbundled DS3 Dedicated Transport commingled with DSI
channel termination access service; or
16.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3
channel termination service,
(individually and collectively "High Capacity EELs") except to the extent
16.2
Onvoy Comprehensive ICA lD F13 010318.docx 113
Frontier is required by the Federal Unbundling Rules to do so, and then
not unless and until Onvoy, using an ASR, certifies to Frontier that each
combined or commingled DSI circuit or DSI 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. Onvoy must remain in
compliance with said service eligibility criteria for so long as Onvoy
continues to receive the aforementioned combined or commingled
facilities and/or services from Frontier and Onvoy shall immediately notify
Frontier at such time as a certification ceases to be accurate. The
service eligibility criteria shall be applied to each combined or
commingled DSI circuit or DSI equivalent circuit of a High Capacity
EEL. lf any combined or commingled DSI circuit or DSI 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, Onvoy, within thirty (30) days of
the Effective Date to the extent it has not already done so prior to the
Effective Date of this Agreement, must re-certify, using an ASR, that
each DS1 circuit or DS1 equivalent circuit satisfies the service eligibility
criteria on a circuit-by-circuit basis as set forth in 47 C.F.R. S 51.318.
Any existing High Capacity EEL circuits that Onvoy leased from Frontier
as of the Effective Date of this Agreement that Onvoy fails to re-certify as
required by this Section by the end of such 30-day period shall be
treated as a non-compliant circuit as described under Section 16.2.2
below effective as of the Effective Date of this Agreement.
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 Onvoy 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 Onvoy.
Each certification to be provided by Onvoy pursuant to Section 16.2.1
above must contain the following information for each DSI circuit or
DSI equivalent: (a) the local number assigned to each DSI circuit or
DS1 equivalent; (b)the local numbers assigned to each DS3 circuit
(must have 28 local numbers assigned to it); (c) the date each circuit
was established in the 9-1-1/E9-1-1 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
DSI circuit. There must be one such identification number per every
16.2.2
16.2.3
Onvoy Comprehensive ICA lD F13 010318.docx 114
24 DSI circuits; and (f) the local switch that serves each DS1 circuit.
When submitting an ASR for a circuit, this information must be
contained in the Remarks section of the ASR, unless provisions are
made to populate other fields on the ASR to capture this information.
16.2.4 The charges for conversions are as specified in the Pricing Attachment
and apply for each circuit converted.
16.2.5 AIIASR-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.
16.2.6 All requests for conversions will be handled in accordance with
Frontier's conversion guidelines. Each request will be handled as a
project and will be excluded from all ordering and provisioning metrics.
16.3 Once per calendar year, Frontier may obtain and pay for an independent auditor
to audit Onvoy'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 Onvoy failed to comply
with the service eligibility criteria, then (without limiting Frontier's rights under
Section 16.2.2 above) Onvoy 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 Onvoy's compliance
with the service eligibility criteria, then Onvoy shall provide to the independent
auditor for its verification a statement of Onvoy'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 Onvoy submits such costs to the auditor, reimburse
Onvoy for its out-of-pocket costs verified by the auditor. Onvoy 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 1 of
this Attachment:
17.1.1 Frontier shall make such routine network modifications, at the rates
and charges set forth in the Pricing Attachment, as are necessary to
permit access by Onvoy to the Loop, Dedicated Transport facilities
available under the Agreement (including DSI Loops and DSI
Dedicated Transport, and DS3 Loops and DS3 Dedicated Transport),
where the facility has already been constructed. Routine network
modifications applicable to Loops or Transport are those modifications
that Frontier regulady 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
Onvoy Comprehensive ICA lD F13 010318.docx 115
reconfiguring an existing multiplexer; accessing manholes; and
deploying bucket trucks to reach aerial cable. 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 for which routine network modifications are
performed from standard provisioning intervals and performance measures and
remedies, if any, contained in the Agreement or elsewhere.
17.3 Nothing contained in this Section'17 shallbe 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 othenryise, 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 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 Onvoy 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.
Onvoy Comprehensive ICA lD F13 010318.docx 116
COLLOCATION ATTACHMENT
1. Frontier's Provision of Collocation
Frontier shall provide to Onvoy, in accordance with this Agreement, Frontier's applicable
federal and state Tariffs and the requirements of Applicable Law, Collocation for the
purpose of facilitating Onvoy's interconnection with Frontier under 47 U.S.C. S 251(cX2)
or access to Unbundled Network Elements of Frontier; provided, that notwithstanding any
other provision of this Agreement or a Tariff, Frontier shall be obligated to provide
Collocation to Onvoy only to the extent required by Applicable Law and may decline to
provide Collocation to Onvoy to the extent that provision of Collocation is not required by
Applicable Law. Notwithstanding any other provision of this Agreement or a Tariff,
nothing in this Agreement or a Tariff shall be deemed to require Frontier to provide (and,
for the avoidance of any doubt, Frontier may decline to provide and/or cease providing)
Collocation that, if provided by Frontier, would be used by Onvoy to obtain unbundled
access to any network element: (a) that Frontier is not required to unbundle under 47
U.S.C. S 251(c)(3) or (b) that Frontier is not required to unbundle under 47 C.F.R. Part
51.
Because the Commission rejected Frontier's Collocation Tariff Advice No. 00-05 in Order
No. 28490 on August 29,2000, Frontier shall provide Collocation according to the
following terms and conditions in the State of ldaho on an interim basis only until such
time as the Commission's decision is reversed and Frontier's Collocation Tariff Advice
No. 00-05 is permitted to go into effect or until such time as Frontier files another
Collocation Tariff in ldaho. At such time as 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 Onvoy 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 Aftachment ("Attachment"), in conjunction with the rest of
this Agreement, set forth the terms and conditions under which Frontier shall provide
Collocation services to Onvoy. 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 practicalfor 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 technicalfeasibilfty. 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 Tvoes of Collocation.
1.1.1 Sinqle Caqed. A single caged arrangement is a form of caged
Collocation, which allows a single CLEC to lease caged floor space to
house its equipment within Frontier premises.
Onvoy Comprehensive ICA lD F13 010318.docx 117
1.1.2
1.1.3
Shared Caqed. A shared caged arrangement is a newly constructed
caged Collocation arrangement that is jointly applied for and occupied
by two or more CLECs within a Frontier premise. When two or more
CLECs request establishment and jointly apply for a new caged
Collocation arrangement to be used as a shared caged arrangement,
one of the participating CLECs must agree to be the host CLEC (HC)
and the othe(s) to be the guest CLEC (GC). The HC and GC(s) are
solely responsible for determining whether to share a shared caged
Collocation arrangement and if so, upon what terms and conditions.
The HC and GC(s) must each be interconnected to Frontier for the
exchange of traffic with Frontier and/or to access unbundled network
elements. Frontier will not issue separate billing for any of the rate
elements associated with the shared caged Collocation arrangement
between the HC and the GC(s), but Frontier will provide the HC with
information on the proportionate share of the NRCs for each CLEC in
the shared arrangement. The HC will be responsible for ordering and
payment of all Collocation applicable services ordered by the HC and
GC(s). The HC and GC will be responsible for ordering their own
unbundled network elements from Frontier. Frontier will separately bill
the HC and/or GC(s) for unbundled network elements ordered. The
HC and GC(s) are Frontier's customers and have allthe rights and
obligations applicable hereunder to CLECs purchasing Collocation-
related services, including, without limitation, the obligation to pay all
applicable charges, whether or not the HC is reimbursed for all or any
portion of such charges by the guest(s). All terms and conditions for
caged Collocation as described in this Attachment will apply to shared
caged Collocation requirements.
Subleased Caqed. Vacant space available in a CLEC's caged
Collocation arrangement may be made available to a third party(s) for
the purpose of interconnection and/or for access to UNEs in Frontier
premises via the subleasing Collocation arrangement. The CLEC
subleases the floor space to the third party(s) pursuant to terms and
conditions agreed to by the CLEC and the third party(s) involved. The
CLEC and third party(s) must each be interconnected to Frontier for
the exchange of traffic with Frontier and/or to access unbundled
network elements. The CLEC is solely responsible for determining
whether to sublease a shared caged Collocation arrangement and if
so, upon what terms and conditions. Frontier will not issue separate
billing for any of the rate elements associated with the subleased
caged Collocation arrangement between the CLEC and the third
party(s). The CLEC will be responsible for ordering and payment of all
Collocation applicable services ordered by the CLEC and the third
party(s). Each CLEC and third party will be responsible for ordering
their own unbundled network elements from Frontier. Frontier will
separately billthe CLEC and third party/parties for unbundled network
elements ordered. The CLEC and third party(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 CLEC is reimbursed for all or any portion of such charges by the
third party(s). Allterms and conditions for caged Collocation as
described in this Aftachment will apply to subleased caged Collocation
requirements.
Onvoy Comprehensive ICA lD F13 0103'l8.docx 118
1.1.4
1.1.5
1.1.6
1.1.7
1.2 Orderinq.
1.2.1 Application.
1.2.1.1
Onvoy Comprehensive ICA lD F13 010318.docx 119
Caqeless. Cageless Collocation is a form of Collocation in which
CLECs can place their equipment in Frontier premises. A cageless
Collocation arrangement allows a CLEC, using Frontier approved
vendors, to installequipment in single bay increments in an area
designated by Frontier. The equipment location willbe designated by
Frontier and will vary based on individual Frontier premise
configurations. CLEC equipment will not share the same equipment
bays with Frontier equipment.
Adjacent. 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.
Onvoy is responsible for complying with all zoning requirements, any
federal, state or local regulations, ordinances and laws, and obtaining
all associated permits. Frontier may, where required, participate in the
zoning approval and permit acquisitions. Onvoy 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 Onvoy 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 Onvoy 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
Onvoy provided equipment which is dedicated to the exclusive use of
the Onvoy in a Collocation arrangement. Additional details on virtual
Collocation are set forth in Section 1.9.
Microwave. P hysical Collocation of m icrowave transm ission facil ities
will be permitted on a first-come, first-served basis except where such
Collocation is not practical for technical reasons or because of space
limitations. Microwave Collocation provides for the interconnection of
Onvoy 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.
Point of Contact. Onvoy must request Collocation
arrangements through Frontie/s designated point of
contact. Completed applications for Collocation must be
sent directly to Frontier's Collocation Project Manager at the
following address: Collocation Project Manager, Frontier,
[e-mail]. Additional information and
1.2.2
1.2.3
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1.2.1.2
requirements regarding Collocation may be obtained from
Frontier's public website
https ://wholesale.f rontie r. com/wholesa le/col location-and-
licensing.
Aoolication Form/Fee. Onvoy 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 Onvoy to provide all
engineering, floor space (where applicable), power,
environmental and other requirements necessary for the
function of the service. Onvoy 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
individualcase basis ('lCB') associated with complying with
the requirements. Any such charges shall be noticed to
Onvoy.
Frontier will process Collocation requests from CLECs on a
first-come, first-serve basis pursuant to Frontier's receipt of
a completed application form and the non-refundable
engineering fee.
Space Availabilitv. Subject to forecasting requirements, Frontier will
inform Onvoy whether space is available to accommodate Onvoy'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 Onvoy within twenty (20) Business Days. At the end
of this period, Frontier will proceed as described in 1.2.2.1or
1.2.2.2 above.
Collocation Schedule. lf space is available, Frontier will provide to
Onvoy a Collocation schedule describing Frontier's ability to meet the
physical Collocation request within eight (8) Business Days after
receipt of a completed application. Onvoy shall have nine (9)
Business Days from receipt of a Frontier provided Collocation
schedule to pay 50% of the NRCs associated with the ordered
Collocation services.
lf the application is deficient, Frontier will specify in writing, within eight
(8) Business Days, the information that must be provided by Onvoy in
order to complete the application. lf Onvoy resubmits a revised
application curing any deficiencies in its original application within ten
(10) calendar days after being informed of them, Onvoy shall retain its
position within the Collocation application queue.
1.2.4
1.2.5
Intentionally Left Blank].
Auqmentation. Any request for an addition, partial reduction, or a
change to an existing Collocation arrangement that has been
inspected and turned over to Onvoy 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 Onvoy requested in its
original application. A complete application and engineering
fee will be required when submitting a request that requires
a major augment.
1.2.5.2 Minor augments of Collocation arrangements will require
the submission of a complete application form and the
minor augment fee. Minor augments are those requests
that: (a) do not require additional DC and AC power, (b) do
not add equipment that generates more BTU's of heat, (c)
do not increase floor space, and (d) do not add transmission
cables, over what Onvoy 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 D53 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 Onvoy 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 Onvoy, that do not require
Frontier to provide a service or function on behalf of Onvoy,
including but not limited to, requests to install additional
equipment in Onvoy Collocation space. Prior to the
installation of the additional equipment, Onvoy agrees to
provide Frontier an application form with an updated
equipment listing that includes the new equipment to be
installed in Onvoy's Collocation arrangement. Once the
equipment list is submitted to Frontier, Onvoy may proceed
with the augment. Onvoy agrees that changes in equipment
provided by Onvoy 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
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1.2.6
this contract for the purpose of ensuring compliance with
Frontier safety standards.
Expansion. Frontier will not be required to construct additional space
to provide for Onvoy Collocation when available space has been
exhausted. Where Onvoy 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 Onvoy to expand its existing Collocation space. Onvoy
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. Onvoy 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. Onvoy will be
responsible for all costs associated with the relocation of its
equipment.
1.2.7
1.3 lnstallation and Ooeration.
1.3.1 Joint Planninq and lmolementation Levels for Phvsical Collocation.
Frontier and Onvoy 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 Onvoy requirements may extend the interval by
fifteen (15) Business Days, resulting in a ninety-one (91)-Business
Day interval.
1.3.1.1 The interval for Collocation augments which were properly
forecast six months prior to the application date, subject to
Section 1 .3.1.4 as well as the conditions for forecasting and
capacity, is forty-five (45) Business Days where the
necessary infrastructure is installed and available for use.
Such augments are limited to the following:
1.3.'1.1.1 800 2 wire voice grade terminations, or
1.3.1.1.2
1.3.1.1.3
400 4 wire voice grade terminations, or
600 line sharing/line splitting facilities, where line
sharing/splitting already exists within the central
office and where Onvoy is eligible for line
sharing/line splitting, or
28 DSI terminations, or1.3.1.1.4
1.3.1.1.5
1.3.1.1.6
1.3.1 .1.7
24 DS3 terminations, or
12 fiber terminations, or
Conversion of 2wire voice grade to 4 wire
(minimum 100 - maximum 800), or
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1.3.1.1.8 2 feeds (1A and 1B) DC power fused at 60 amps
or less, or
1.3.1.1.9 DC Power as defined in 8 preceding, plus any
one (1) additional item as defined in 1 through 7
preceding; or 2 of the following: a) 28 DSI
terminations; b) 3 DS3 terminations; or c) 12
fiber terminations. Onvoy must have '100% of all
cables terminated to the existing cross connects
for the one additional item selected and the in-
service capacity of that selection must be at
85% utilization or above unless Onvoy can
demonstrate to Frontier that: a) the previous
two months trend in growth would exceed 100%
of the available capacity by the end of the forty-
five (45) Business Day augment interval; or b)
other good cause or causes that Onvoy cross
connect capacity may be exceeded by the end
of the forty-five (45) Business Day augment
interval.
1.3.1.2 For 2 wire to 4 wire voice grade conversions, all pairs must
be spare and in consecutive 100 pair counts.
1.3.1.3 The following standard implementation milestones will
apply, in Business Days, unless Frontier and Onvoy jointly
decide otherwise:
1.3.1.3.1 Day 1-Onvoy submits completed application
and associated fee.
1.3.1.3.2 Day 8-Frontier notifies Onvoy that request can
be accommodated and advises of due date.
'1.3.1.3.3 Day 17-Onvoy notifies Frontier of its intent to
proceed and submits 50% payment.
1.3.1.3.4 Day 30-Material ships and is received at
vendor warehouse; Onvoy provided splitters
delivered to vendor warehouse (Line Sharing
Option C only, and applicable only where Onvoy
is eligible for line sharing/line splitting).
1.3.1.3.5 Day 45-Augment (as defined herein)
completes.
1.3.1.3.6 Day 76-Frontier and Onvoy attend Collocation
acceptance meeting and Frontier turns over the
Collocation arrangement to Onvoy. Day 76 also
applies to completion of other augments not
defined herein.
1.3.1.4 The forty-five (45) Business Day interval is subject to the
following requirements:
1.3.1.4.1 lnfrastructure to support the requested augment
must be in place (e.9., cable racking from
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common area to distributing frames, relay racks
for splitter shelves, frame capacity for
termination blocks, cable holes, fuse positions at
existing Baftery Distribution Fuse Boards
(BDFBS).
1.3.1.4.2 The Onvoy must install sufficient equipment to
support requested term inations/facilities.
1.3.'1.4.3 ln large central offices with complex cable runs
(i.e., multiple floors), the Frontier may reguest to
negotiate extensions to the forty-five (45)
Business Day interval.
1 .3.1 .5 A preliminary schedule will be developed outlining major
milestones. Onvoy 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 Onvoy
misses (day for day). When Frontier becomes aware of the
possibility of vendor delays, Frontier will first contact Onvoy
to attempt to negotiate a new interval. lf Frontier and Onvoy
cannot agree, the dispute will be submitted to the
Commission for prompt resolution. Frontier and Onvoy
shall conduct additionaljoint planning meetings, as
reasonably required, to ensure that all known issues are
discussed and to address any that may impact the
implementation process. Frontier will permit Onvoy to
schedule one escorted visit to Onvoy'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 Frontie/s
control or resulting from vendor delays, and provided the
necessary security is in place, Frontierwill permit Onvoy
access to the Collocation arrangement to install equipment
while the delayed work is completed, so long as it is safe to do
so and Onvoy's work does not impair or interfere with Frontier
in completing Frontie/s work. Prior to Onvoy beginning the
installation of its equipment, Onvoy must sign a condilional
acceptance of the Collocation anangement. lf Onvoy elects to
accept the space prior to the scheduled completion, occupancy
fees shallcommence upon signing a conditionalacceptance of
the space by Onvoy.
1.3.1.6 lntervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by Onvoy and
Frontier.
1.3.1.7 Frontier will inform the Commission as soon as it knows it
will require raw space conversion to fulfill a request based
on an application or forecast. Raw space conversion
timeframes are negotiated on an individualcase basis
based on negotiations with the site preparation vendor(s).
Frontier will use its best efforts to minimize the additional
time required to condition Collocation space, and will inform
Onvoy of the time estimates as soon as possible.
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1.3.2 Forecastinq and Use of Data.
1.3.2.1
1.3.2.2
1.3.2.2.2
1.3.2.2.3
Frontier will request forecasts from Onvoy on a semi-annual
basis, with each forecast covering a two-year period.
Onvoy will be required to update the near-term (6-month)
forecasted application dates. I nformation requested will
include centraloffice, 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 Onvoy is eligible for line sharing/line splitting. For
augments, Onvoy may elect to substitute alternative CLLI
codes within a LATA for the forecasted demand.
lf Frontier has a written guarantee of reimbursement, it will
examine forecasts for offices in which it is necessary to
condition space, and discuss these forecasts with Onvoy to
determine the required space to be conditioned. lf Frontier
commits to condition space based on forecasts and if Onvoy is
assigned space, Onvoy will give Frontier a non-refundable
deposit equal to the application fee. Frontier will perform initial
reviews of requested central offices forecasted forthe next six
months to identify potential problem sites. Frontierwillconsider
forecasts in staffing decisions. Frontierwillenter into planning
discussions with Onvoy to validate forecasts, discuss flexibility
in potentialtrouble 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 intervalstart day may be
postponed as follows:
1.3.2.2.1 No forecast: lnterval Start Date commences two
(2) months after application receipt date.
Forecast received one (1) month or less prior to
application receipt date: lnterval Start 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.
1.3.2.2.4 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 Onvoy
at the time the application is received.
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Collocation Caoacitv.
1.3.3.1 Frontier's estimate of its present capacity (i.e., no more than
an increase of 15o/o over the average number of
applications received for the preceding three months in a
particular geographic area) is based on current staffing and
current vendor arrangements. lf the forecasts indicate
spikes in demand, Frontier will attempt to smooth the
demand via negotiations with the forecasting CLECS. lf
Frontier and Onvoy fail to agree to smooth demand, Frontier
will determine if additional expenditures would be required
to satisfy the spikes in demand and will work with the
Commission Staff to determine whether such additional
expenditure is warranted and to evaluate cost recovery
options.
1.3.3.2 lf Frontier augments its workforce based on Onvoy
forecasts and if Onvoy refuses to smooth demand as
described in Section 1.3.3.1 , Onvoy 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
will share Onvoy actualand forecasted demand with appropriate
vendors, as required, subject to the appropriate confidentiality
safeguards.
Resoonsibilitv for Vendor Delavs. No party shall be excused from their
obligations due to the acts or omissions of a Party's subcontractors,
material, person, suppliers or other third persons providing such
products or services to such Party unless such acts or omissions are
the product of a Force Majeure Event, or unless such delay or failure
and the consequences thereof are beyond the reasonable control and
without the fault or negligence of the Party claiming excusable delay or
failure to perform.
1.3.6 SpacePreoaration.
1.3.6.1 Caoe Construction. For caged Collocation, Onvoy may
construct the cage with a standard enclosure if they are a
Frontier approved contractor or Onvoy may subcontract this
work to a Frontier approved contractor.
1.3.6.2 Site Selection/Power. Frontier shall designate the space
within its premise where Onvoy shall collocate its
equipment. Frontier will assign Collocation space to Onvoy
in a just, reasonable, and nondiscriminatory manner.
Frontier will allow Onvoy requesting caged or cageless
Collocation to submit space preferences on the Application
Form prior to assigning caged and cageless Collocation
space to Onvoy. Frontier will assign caged and cageless
space in accordance with the following standards: (1)
Onvoy's Collocation costs cannot be materially increased by
the assignment; (2) Onvoy's occupation and use of
Frontier's premises cannot be materially delayed by the
assignment; (3) The assignment cannot impair the quality of
1.3.3
1.3.4
1.3.5
Onvoy Comprehensive ICA lD F13 010318.docx 126
service or impose other limitations on the service Onvoy
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 Onvoy 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.
1.3.6.3
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 Onvoy's
equipment in the same standards and parameters required
for Frontier equipment within that Frontier premise. Onvoy
may installAC convenience outlets and overhead lighting if
Onvoy 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 Onvoy in its
Collocation application. The Onvoy will specify the load on
each feed and the size of the fuse to be placed on each
feed. Onvoy must order a minimum of ten (10) load amps
for each caged, cageless, and virtual Collocation
arrangement. Onvoy 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 Onvoy orders a total of 40 load amps of DC
power and an A and B feed, Onvoy could order 20load
amps on the A feed and 20 load amps on the B feed.
Frontier will permit Onvoy to order a fuse size up to 2.5
times the load amps ordered provided that applicable law
permits this practice. Thus, Onvoy could order that each
feed be fused at 50 amps if Onvoy wants one feed to carry
the entire load in the event the other feed fails. Accordingly,
Onvoy will be charged on the basis of the total number of
load amps ordered, i.e., 40 amps, and not based on the
total number of amps available for the fuse size ordered.
1.3.6.4 Onvoy is responsible for engineering the power
consumption in its Collocation arrangements and therefore
Onvoy Comprehensive ICA lD F13 010318.docx 127
'1.3.6.5
1.3.6.6
1.3.6.7
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 Onvoy 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 Frontie/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 Onvoy.
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 Onvoy with written
notification, by certified US mailto the person
designated by Onvoy 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, Onvoy must reduce the
power being drawn to match its ordered load or
revise its power requirement to accommodate
the additional power being drawn. Frontier will
accept a certification signed by a representative
of Onvoy 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 120o/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 110% of load.
Onvoy Comprehensive ICA lD F13 0103'l8.docx 128
1.3.6.8 lf the first inspection reveals that the power being drawn is
greater than the applicable buffer zone specified in
1.3.6.7.2, that arrangement is subject to the following
treatment:
1.3.6.8.1 Frontier will notify the person designated by
Onvoy to receive such notice via telephone or e-
mail that Frontier will take a second
measurement no soonerthan one (1) hour and
no later than two (2) days after the initial
inspection. Frontier will not wait for Onvoy 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 Onvoy may perform its own inspection at
Onvoy's cage. Onvoy is not required to wait for
Frontier or require it to be present during Onvoy
test. Upon request of Onvoy, Frontier will send
a representative to accompany Onvoy to
conduct a joint inspection at Onvoy cage at no
charge to Onvoy. Nothing herein shall be
construed to prohibit Onvoy from testing at its
own cage. Onvoy 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 Onvoy's measurements differ from
Frontier's.
1.3.6.8.4 lf the second test also exceeds the applicable
buffer zone, Frontier will provide Onvoy with
written notification, within ten (10) Business
Days, by certified U.S. mail to the person
designated by Onvoy 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.
1.3.6.8.5 Frontier will maintain a file of results taken of
any inspections for two (2) years and such file
will be made available to Onvoy that was
audited, upon request. Frontier will treat as
confidential information the identity of CLECs
that it audits as well as the results of such
audits, unless it receives prior written consent of
the affected CLEC to disclose such information
or is required by Applicable Law to disclose such
Onvoy Comprehensive ICA lD F13 010318.docx 129
1.3.6.9
information to a court or commission. The
foregoing does not preclude Frontier from
making the notice described in Section 1.3.6.8.6
1.3.6.8.6 lf Onvoy disagrees with the results of the audit,
Onvoy willfirst notify Frontier. Frontier and
Onvoy 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
Onvoy has received notice of the second test, in
the case of a violation over the buffer zone.
1.3.6.8.7 With the notification required by Section
1.3.6.8.4, Frontier will also notify Onvoy that it
must submit a non-scheduled attestation of the
power being drawn at each of its remaining
Collocation arrangements in the state. Onvoy
must submit this non-scheduled attestation
within fifteen (15) Business Days of the date of
this notification. Failure to submit this non-
scheduled attestation will result in the
application of additional labor charges for any
subsequent DC power inspections Frontier
performs prior to receipt of the next scheduled
attestation. Scheduled attestations are defined
in Section 1.3.6.11.
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 Onvoy 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, Onvoy
will be billed the audited load amount for four (4)
months. Onvoy 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. Onvoy 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, Onvoy
will be billed the audited load amount for five (5)
months. Onvoy will make a separate and
additional payment to the Charity, measured as
Onvoy Comprehensive ICA lD F13 0l0318.docx 130
1.3.6.10
1.3.6.11
the difference between the billing of the fused
capacity and the billing at the audited load for
five (5) months. Onvoy must send notice of its
Charity payment to Frontier within ten (10)
calendar days of making the payment.
1.3.6.9.3 For the third such violation within the same
consecutive twelve (12) month period, Onvoy
will be billed the audited load amount for six (6)
months. Onvoy will make a separate and
additional payment to the Charity, measured as
the difference between the billing of the fused
capacity and the billing at the audited load for six
(6) months. Onvoy 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 Onvoy 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 Onvoy that it is being billed
pursuant to this Section 1.3.6.9, designating the
applicable number of months and also
calculating the payment owed to the Charity,
under the provisions set forth preceding.
1.3.6.9.6 At the conclusion of any dispute resolution
proceeding, the above payments willbe self-
executing.
lf Onvoy 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.
Annually, Onvoy must submit a written statement signed by
a responsible officer of Onvoy, 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 Onvoy's completed Collocation
arrangements provided by Frontier in the state. lf Onvoy
fails to submit this written statement by the last day in June,
Frontier will notify Onvoy 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 Onvoy.
Onvoy Comprehensive ICA lD F13 010318.docx 131
1.3.6.12
1.3.6.13
1.3.7 Equioment and Facilities.
1.3.7.1
1.3.7 .2
Whenever Frontier is required to perform work on a
Collocation arrangement as a result of Onvoy'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.
lf Onvoy 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 Onvoy's order for a reduction
in DC power triggers the deployment of power cabling to a
different power distribution point, the engineering/major
augment fee as set forth in the Pricing Attachment applies.
Frontier willwork cooperatively with Onvoy to configure the
new power distribution cables and disconnect the old ones.
Purchase of Eouipment. Onvoy 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 Onvoy's equipment and provided facilities
for Collocation. Upon installation of all transmission and
power cables for Collocation services, Onvoy relinquishes
all rights, title and ownership of transmission (excluding
fiber entrance facility cable) and power cables to Frontier.
Permissible Equipment. 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 Onvoy 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 Onvoy 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 Onvoy 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
Onvoy Comprehensive ICA lD F13 010318.docx 132
1.3.7.3
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 Onvoy 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
Onvoy for purposes within the scope of Section 251(c)(6) of
the Act, Frontier shall prove to the state commission that the
equipment is not necessary for interconnection or access to
unbundled network elements under the standards set forth
above.
Onvoy may place in its caged Collocation space ancillary
equipment such as cross connect frames, and metal
storage cabinets. Metalstorage cabinets must meet
Frontier premise environmental standards.
Specifications. Collocation facilities shall be placed,
maintained, relocated or removed in accordance with the
applicable requirements and specifications of the current
editions of the National Electrical Code (NEC), the National
Electrical Safety Code (NESC) and rules and regulations of
the Occupational Safety and Health Act (OSHA), the
Federal Communications Commission, the Commission,
and any other governing authority having jurisdiction. All
Onvoy entrance facilities and splices must comply with
Telecordia Technologies' Generic Specification for Optical
Fiber and Optical Fiber Cable (TR-TSY-00020), Cable
Placing Handbook, Cable Splicing Handbook, Cable
Maintenance Handbook, and General lnformation Tools and
Safety, as they relate to fire, safety, health, environmental
safeguards or interference with Frontier services or
facilities. Onvoy 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 othenarise
specified, of Frontier's Network Equipment lnstallation
Standards (Frontier lnformation Publication lP 72201) and
Frontier's Central Office En g ineeri ng 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, Onvoy and Frontier will make a
good faith effort to resolve the difference. Onvoy
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
Onvoy Comprehensive ICA lD F13 010318.docx 133
1.3.7.4
1.3.7 .5
1.3.7 .6
Onvoy Comprehensive ICA lD F13 0'l0318.docx
occurs, Frontier may take action as permitted under Section
1.8.
Onvoy equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its
own central office equipment as defined in Frontier's NEBS
requirements RNSA-NEB-95-0003, Revision 10 or higher.
Onvoy equipment is not required to meet the same
performance and reliability standards as Frontier imposes
on its own equipment as defined in Frontier's RNSA-NEB-
95-0003, Revision 10 or higher. ln addition, Onvoy may
install equipment that has been deployed by Frontier for five
(5) years or more with a proven safety record; however, this
provision does not prohibit the installation of equipment less
than five years old, provided the equipment meets the
NEBS safety guidelines referenced in this section prior to
the time of deployment. Frontier reserves the right to
specify the type of cable, equipment and construction
standards required in situations not otherwise covered in
this Agreement. ln such cases, Frontier will, at its
discretion, furnish to Onvoy written material which will
specify and explain the required construction.
Cable. Onvoy 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. Onvoy is responsible for providing fire
retardant riser cable that meets Frontier standards. Frontier
is responsible for placing Onvoy's fire retardant riser cable
from the cable vault to the Collocation space. Frontier is
responsible for installing Onvoy 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 Onvoy provides its own fiber optic facility, then
Onvoy shall be responsible for bringing its fiber optic cable
to the Frontier premise manhole. Onvoy must leave
sufficient cable length for Frontier to be able to fully extend
such cable through to Onvoy's Collocation space.
Manhole/Splicinq Restrictions. Frontier reserves the right to
prohibit all equipment and facilities, other than fiber optic
cable, in its manholes. Onvoy will not be permitted to splice
fiber optic cable in the first manhole outside of the Frontier
premise. Where Onvoy 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 Onvoy's Collocation space. Frontier is
responsible for installing a cable splice, if necessary, where
Onvoy 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 Onvoy's facilities and Frontier's
1U
1.3.7 .9
facilities will be designated by Frontier. This point(s) will be
a direct connection(s) to Onvoy's network. Frontier shall
have the right to require Onvoy to terminate Collocation
facilities onto a Point of Termination (POT) Bay. Onvoy
must tag all entrance facilities to indicate ownership. Onvoy
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.
Staqino Area. For caged and cageless Collocation
arrangements, Onvoy 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
Onvoy's equipment installation work in the Collocation
space. Onvoy is responsible for protecting Frontie/s
equipment Frontier premise walls and flooring within the
staging area and along the staging route. Onvoy 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. Onvoy may also utilize
a staging trailer, which can be located on the exterior
premises of Frontier premise. Frontier may assess Onvoy a
market value lease rate for the area occupied by the trailer.
Testino. Upon installation of Onvoy's equipment, and with
prior notice, Frontier and Onvoy will mutually agree to
schedule a meeting prior to the turn-up phase of the
equipment to ensure proper functionality between Onvoy's
equipment and the connections to Frontier equipment. The
time period for this to occur will conespond to Frontier's
maintenance window installation requirements. lt is solely
the responsibility of Onvoy to provide their own monitor and
test points, if required, for connection directly to its terminal
equipment. lf Onvoy cannot attend the scheduled turn-up
phase meeting for any reason, Onvoy must provide Frontier
with seventy-two (72) hours advanced written notice prior to
the scheduled meeting. lf Onvoy fails to attend the
scheduled meeting without the advanced written
notification, Frontier reserves the right to charge Onvoy
additional labor rates set forth in the Pricing Attachment for
subsequent turn-up meetings with Onvoy which are
required to complete the turn-up phase of the Collocation
arrangement.
lnterconnection Between Collocated Spaces. Dedicated
Transit Service (DTS), which allows for interconnection
between Onvoy and another CLEC, provides a dedicated
electrical or optical path between Collocation arrangements
(caged, cageless, and virtual) of the same or of two different
CLECs within the same Frontier premises, using Frontier
provided distribution facilities. DTS is available for DSO,
DS1, DS3, and dark fiber cross connects. ln addition,
1.3.7.7
1.3.7.8
Onvoy Comprehensive ICA lD F13 0l0318.docx 135
Frontier will also provide other technically feasible cross-
connection arrangements, including lit fiber, on an lndividual
Case Basis (lCB) as requested by Onvoy and agreed to by
Frontier. Frontier will offer DTS to Onvoy as long as such
access is technically feasible.
DTS is only available when both Collocation anangements
(either caged, cageless, and/or virtual) being interconnected are
within the same Frontier premises, provided that the collocated
equipment is used for interconnection with Frontier and/or for
access to the Frontie/s unbundled network elements. Frontier
shall provide such DTS connections from Onvoy's Collocation
arrangement to another Collocation anangement of Onvoy
within the same Frontier premises, orto a Collocation
anangement of another CLEC in the same Frontier premises.
DTS is provided at the same transmission level frorn Onvoy to
another CLEC.
The DTS anangement requires Onvoy to provide cable
assignment information for itself as well as for the other CLEC.
Frontier will not make cable assignments for DTS. Onvoy is
responsible for all DTS ordering, bill payment, disconnect
orders and maintenance transactions and is the customer of
record. When initiating a DTS request, Onvoy must submit an
Access Service Request (ASR) and a letter of agency from the
CLEC it is connecting to that authorizes the DTS connection
and facility assignment. DTS is provided on a negotiated
intervalwith Onvoy.
1.3.7.10 Optical Facility Terminations. lf Onvoy requests access to
unbundled dark fiber interoffice facilities, Onvoy may apply
for a fiber optic patchcord connection(s) between Frontier's
fiber distribution panel (FDP) and Onvoy's collocated
transmission equipment and facilities. The fiber optic
patchcord cross connect is limited in use solely in
conjunction with access to unbundled dark fiber and
Dedicated Transit Service.
1.3.7 .11 Non-Compliant lnstallations and Operations. lf at any time
Frontier reasonably determines that either Onvoy's
Collocation equipment or it's engineering and installation do
not meet the requirements outlined in this Attachment,
Onvoy 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 Onvoy
fails to correct any non-compliance with these standards
within thirty (30) days'written notice to Onvoy, Frontier may
have the equipment removed or the condition corrected at
Onvoy expense. lf, during the installation phase, Frontier
reasonably determines that any Onvoy 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 untilthe problem is corrected to Frontier's satisfaction.
However, when any of the above conditions poses an
immediate threat to the safety of Frontier employees,
Onvoy Comprehensive ICA lD F13 010318.docx 136
1.3.8
1.3.9
1 .3.10
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 Onvoy. The reasonable cost of said work
and/or actions shall be borne by Onvoy. Frontier reseryes
the right to remove products, facilities and equipment from
its list of approved products upon ninety (90) days' notice to
Onvoy if such products, facilities and equipment are
determined to be no longer compliant with NEBS safety
standards. lf Onvoy equipment poses an immediate safety
threat, Onvoy shall remove the equipment immediately.
Access to Collocation Space. Frontier will permit Onvoy's employees,
agents, and contractors approved by Frontier to have direct access to
Onvoy'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. Onvoy's employees, agents,
or contractors must comply with the policies and practices of Frontier
pertaining to fire, safety, and security. Frontier reserves the right, with
twenty-four (24) hours prior notice to Onvoy, to access Onvoy's
collocated partitioned space to perform periodic inspections to ensure
compliance with Frontier installation, safety and security practices.
Where Onvoy 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 Onvoy employee, agent, or contractor
who violates Frontier's policies, work rules, or business conduct
standards, or otherwise poses a security risk to Frontier.
Network Outaqe, Damaqe and Reportinq. Onvoy shall be responsible
for: (a) any damage or network outage occurring as a result of Onvoy
owned or Onvoy 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 Onvoy service.
Frontier will make every effort to contact Onvoy in the event Onvoy
equipment disrupts the network. lf Frontier is unable to make contact
with Onvoy, Frontier shall temporarily disconnect Onvoy's service, as
provided in Section 1.3.11.
Securitv Requirements.
1 .3.10.1 Securitv Measures. Onvoy 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
Onvoy Comprehensive ICA lD F13 0103'l8.docx 137
1.3.10.2
Onvoy Comprehensive ICA lD F13 010318.docx 138
applicable laws and regulations. Frontier will provide Onvoy
with written notice of such changes. Where applicable,
Frontier will provide information to Onvoy on the specific
type of security training required so Onvoy's employees can
complete such training.
Onvoy will maintain with Frontier a list of all Onvoy
employees who are currently authorized by Onvoy to
access its caged and cageless Collocation space and will
include social security numbers of all such individuals.
Onvoy 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 Onvoy 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 Onvoy in
accordance with the Frontier's normal security procedures
applicable to any Vendor(s) or Contractor(s) on Frontier's
premises. Frontier reserves the right to revoke any
identification badge and/or access card of any Onvoy
employee or agent found in violations of the terms and
conditions set forth herein.
Onvoy must follow Frontier's security guidelines, which are
published on Frontier's web site. Frontier may suspend an
Onvoy 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 Onvoy
employees/agents. Unless Onvoy employee or agent poses
an immediate threat to Frontier or other CLECS, Frontier will
provide Onvoy with a wriften explanation of violations
committed by the Onvoy employee or agent four (4)
Business Days prior to suspending Onvoy employee or
agent from Frontier premises. Onvoy 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 Onvoy employee or agent from Frontier premises for
violating Frontier's security guidelines.
Security Standards. Frontier will be solely responsible for
determining the appropriate level of security in each Frontier
premise. Frontier reserves the right to deny access to
Frontier buildings and/or outside facility structures for any
Onvoy employee, agent or contractor who cannot meet
Frontier's established security standards. Employees,
agents or contractors of Onvoy 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
1.3.10.3
Onvoy Comprehensive ICA lD F13 010318.docx 139
Frontier buildings and/or outside facility structures for
Onvoy's employee, agent and contractor for falsification of
records, violation of fire, safety or security practices and
policies or other just cause. Onvoy employees, agents or
contractors who meet Frontier's established security
standards will be provided access to Onvoy's caged and
cageless Collocation equipment 24 hours a day, seven days
a week and reasonable access to Frontier's restroom
facilities. lf Onvoy 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 Onvoy employee(s), agent(s) or
contractor(s) at no cost to Onvoy. 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 Onvoy employees and contractors to
use a central or separate entrance to Frontier's premises,
provided, however, that where Frontier requires that Onvoy
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 Onvoy's Collocation costs.
Access Cards/ldentification. Access cards or keys will be
provided to no more than a reasonable number of
individuals for Onvoy for each Frontier premise for the
purpose of installation, maintenance and repair of Onvoy's
caged and cageless Collocation equipment. All Onvoy
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 Onvoy. The lD must be worn on the
individual's exterior clothing while on or at Frontier
premises. Frontier will provide Onvoy with instructions and
necessary access cards or keys to obtain access to Frontier
premises. Onvoy is required to immediately notify Frontier
by the most expeditious means, when any Onvoy's
employee, agent or contractor with access privileges to
1.3.11
1.4 SpaceReouirements.
1.4.1
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. Onvoy 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 Onvoy's employee and/or termination of
service. Onvoy shall be responsible for the replacement
cost of keys, access cards or other means of obtaining
access when lost, stolen or failure of Onvoy or Onvoy's
employee, agent or contractor to return to Frontier.
Emeroencv Access. Onvoy is responsible for providing a contact
number that is readily accessible 24 hours a day,7 days a week.
Onvoy 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
Onvoy in advance of any such emergency access. lf advance
notification is not possible Frontier will provide notification of any such
entry to Onvoy as soon as possible following the entry, indicating the
reasons for the entry and any actions taken which might impact
Onvoy's facilities or equipment and its ability to provide service.
Frontier will restrict access to Onvoy's Collocation space to persons
necessary to handle such an emergency. The emergency
provisioning and restoration of interconnection service shall be in
accordance with Part 64, Subpart D, Paragraph 64.401, of the FCC's
Rules and Regulations, which specifies the priority for such activities.
Frontier reserves the right, without prior notice, to access Onvoy's
Collocation space in an emergency, such as fire or other unsafe
conditions, or for purposes of averting any threat of harm imposed by
Onvoy or Onvoy's equipment upon the operation of Frontier's or
another CLEC's equipment, facilities and/or employees located
outside Onvoy's Collocation space. Frontier will notify Onvoy as soon
as possible when such an event has occurred. ln case of a Frontier
work stoppage, Onvoy's employees, contractors or agents will comply
with the emergency operation procedures established by Frontier.
Such emergency procedures should not directly affect Onvoy's access
to its premises, or ability to provide service. Onvoy will notify Frontier
point of contact of any work stoppages by Onvoy employees.
Space Availability. 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:
httos://wholesale.frontier.com/wholesale/collocation-and-licensino.
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
Onvoy Comprehensive ICA lD F13 0103l8.docx 140
1.4.2
1.4.3
1.4.4
any protective order as the state may deem necessary, detailed floor
plans or diagrams of the Frontier premise which show what space, if
any, Frontier or any of its affiliates has reserved for future use; and
describe in detail, the specific future uses for which the space has
been reserved and the length of time for each reservation; and (b)
allow Onvoy 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 Onvoy. The minimum
amount of floor space available to Onvoy at the time of the initial
application will be twenty-five (25) square feet of caged Collocation
space or one (1) single bay in the case of cageless Collocation. The
maximum amount of space available in a specific Frontier premise to
Onvoy will be limited to the amount of existing suitable space which is
technically feasible to support the Collocation arrangement requested.
Existing suitable space is defined as available space in a Frontier
premise that does not require the addition of AC/DC power, heat and
air conditioning, battery and/or generator back-up power and other
requirements necessary for provisioning Collocation services.
Additional space to provide for caged, cageless and/or adjacent
Collocation will be provided on a per request basis, where available.
Additional space can be requested by Onvoy 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 Space. Frontier and Onvoy will work cooperatively to
determine proper space requirements, and efficient use of space. ln
addition to other applicable requirements set forth in this Agreement,
Onvoy 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. Onvoy shall use the Collocation space solely for
the purposes of installing, maintaining and operating Onvoy's
equipment to interconnect for the exchange of traffic with Frontier
and/or for purposes of accessing UNEs. Onvoy 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
Onvoy's employee(s) work location, office or retail space, or storage.
The Collocation space shall not be used as Onvoy'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.
Onvoy shall not be permitted to reserve Frontier premise cable space
or conduit system. lf new conduit is required, Frontier will negotiate
Onvoy Comprehensive ICA lD F13 0103'l8.docx 141
1.4.5
1.4.6
1.5 Pricinq.
Onvoy Comprehensive ICA lD F13 010318.docx 142
with Onvoy to determine an alternative arrangement for the specific
location. Onvoy will be allowed to reserve Collocation space for its
caged/cageless arrangements based on Onvoys 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 Onvoy equipment.
Collocation Space Reoort. Upon request by Onvoy and upon Onvoy
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 Onvoy 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, Onvoy 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 Onvoy accepts the Collocation
arrangement. lf Onvoy does not utilize its Collocation space within the
established time period, and has not met the space reservation
requirements of Section 1.4.4to the extent applicable, Frontier may
reclaim the unused Collocation space to accommodate another
CLEC's request or Frontier's future space requirements. Frontier shall
have the right, for good cause shown, and upon sixty (60) calendar
days' notice, to reclaim any Collocation space, cable space or conduit
space in order to fulfill its obligation under public service law and its
Tariffs to provide telecommunication services to its Customers. ln
such cases, Frontier will reimburse Onvoy 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. Onvoy may seek Commission relief from
reclamation within ten (10) Business Days of being notified.
1 .5.1 Rate Sheet. The rates for Frontier's Collocation services provided
pursuant to this Agreement are set forth in the Pricing Attachment only
to the extent that there are no corresponding rates in an applicable
Frontier Collocation Tariff that has been filed with the Commission and
become effective. lf there is a Frontier Collocation Tariff that has been
filed with the Commission and become effective, the rates in such
Tariff shall apply and the rates set forth in the Pricing Attachment shall
not apply.
1.5.2 Subsequent to the execution of this Agreement, Frontier also may
elect to file a Collocation Tariff with the Commission with provisions
addressing any of the rates specified in this Agreement. Any such
Tariff, when it becomes effective, shallsupersede and replace the
corresponding rates set forth in the Pricing Attachment and such rates
specified in the Pricing Attachment shall cease to be effective.
Notwithstanding anything in this Agreement to the contrary, the rates
identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-
appealable regulatory orders or as otherwise required by legal
requirements.
1.5.3 Billino and Pavment. The initial payment of NRCs shall be due and
payable in accordance with Section 1.3.1. The balance of the NRCs
and all related monthly recurring service charges will be billed to
Onvoy when Frontier provides Onvoy 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.
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.
1.6.1 No liability shall attach to Frontier for damages arising from errors,
mistakes, omissions, interruptions, or delays of Frontier, its agents,
servants or employees, in the course of establishing, furnishing,
rearranging, moving, terminating, or changing the service or facilities
(including the obtaining or furnishing of information in respect thereof
or with respect to the subscribers or users of the service or facilities) in
the absence of gross negligence or willful misconduct. Subject to the
preceding and to the provisions following, with respect to any claim or
suit, by Onvoy or by any others, for damages associated with the
installation, provision, termination, maintenance, repair or restoration
of service, Frontier's liability, if any, shall not exceed an amount equal
to the proportionate charge for the service by Frontier for the service
for the period during which service was affected.
1.6.2 Frontier shall not be liable for any act or omission of any other party
furnishing a portion of service used in connection with the services
herein.
Onvoy Comprehensive ICA lD F13 010318.docx 143
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 Onvoy 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 Onvoy
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 Onvoy or its end user in connection with
facilities provided by Frontier, Onvoy, or the end user; or
1.6.4.2 Frontier shall not be liable to Onvoy 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 Onvoy from any and all
claims by any person relating to Onvoy'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, governmental orders, 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 Onvoy 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 Onvoy or Onvoy end
user, or due to the failure of equipment, facilities, or services provided
by Onvoy 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.
Onvoy 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 Onvoy 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
Onvoy Comprehensive ICA lD Fl3 010318.docx '144
1.6.11
1.6.12
1.6.13
1.6.14
employees' disability and death benefits, which may arise out of or be
caused by the installation, maintenance, repair, replacement,
presence, use or removal of Onvoy'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 Onvoy 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 Onvoy, its employees, agents, former
or striking employees, or contractors, in connection therewith, unless
caused by gross negligence or willful misconduct on the part of Onvoy.
Onvoy shall indemnify, defend and save harmless Frontier from and
against any and all losses, claims, demands, causes of action,
damages and costs, including but not limited to attorney's fees and
damages costs, and expense of relocating conduit systems resulting
from loss of right-of-way or property owner consents, which may arise
out of or be caused by the presence, in, or the occupancy of the
central office by Onvoy, and/or acts by Onvoy, its employees, agents
or contractors.
Onvoy 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 Onvoy installation and operation of its
facilities or equipment within the multiplexing node, roof space and
transmitter space.
Onvoy 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. Onvoy shall indemnify, defend, and hold harmless
Frontier, its directors, officers and employees, servants, agents,
affiliates and parent, from and against any and all claims, cost,
expense or liability of any kind including but not limited to fines or
penalties arising out of any breach of the foregoing by Onvoy, its
directors, officers, employees, servants, agents, affiliates and parent.
These provisions shall survive the termination, cancellation,
modification or rescission of the Agreement for at least 18 months
from the date of the termination.
Frontier represents, warrants and covenants that it shall comply with
all applicable federal, state or local law, ordinance, rule or regulations,
in connection with its provision of service within or on the exterior of
Onvoy Comprehensive ICA lD Fl3 0'l0318.docx 145
1.6.15
1.7 Casualtv.
1.7.1
Onvoy Comprehensive ICA lD F13 010318.docx 146
the central office, including but not limited to, any applicable
environmental, fire, OSHA or zoning laws. Frontier shall indemnify,
defend, and hold harmless Onvoy, 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 Onvoy 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, Onvoy 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, untilsuch 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 Onvoy of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and willwork in good faith to restore service
to Onvoy 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
until the date when the Collocation equipment location shall
have been repaired and restored by Frontier. Frontier
reserves the right to elect not to restore the Collocation
equipment location under the conditions specified in 1.8.2.
lf Frontier elects to restore the Collocation equipment
location, Frontier shall inform Onvoy of its plans to
repair/restore the Collocation equipment location as soon as
it is practicable and willwork in good faith to restore service
to Onvoy 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
1.7.1.4
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 Onvoy, then
the applicable non-recurring and monthly recurring charges
shall be 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. Any repair or restoration work undertaken by
Onvoy 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 Onvoy's Collocation equipment location or any
part thereof under the conditions specified in 1.8.2.
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 Onvoy, the liability and indemnification
provisions of this Attachment shall apply and Frontier may
terminate Onvoy Collocation arrangement immediately.
1.7.2
1.7.3
1.7.4
1.7.5
1.7.6
lf the Collocation equipment location or any part thereof is rendered
wholly unusable through no fault of Onvoy, 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 Onvoy
Collocation equipment location or any part thereof. ln this event,
Frontier will provide Onvoy 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 Onvoy. Onvoy must vacate the
premises by the date specified in the notice. Frontier's rights against
Onvoy 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 Onvoy, which were on account of any
period subsequent to such date shall be returned to Onvoy.
After any such casualty and upon request by Frontier, Onvoy shall
remove from the Collocation equipment location and other associated
space, as promptly as reasonably possible, all of Onvoy 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, Onvoy liability for applicable non-recurring and
monthly recurring charges shall resume either upon occupancy by
Onvoy or thirty (30) days after written notice from Frontier that the
Collocation equipment location or any part thereof is restored to a
condition comparable to that existing prior to such casualty, which ever
comes first.
Nothing contained in these provisions shall relieve Onvoy 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
Onvoy Comprehensive ICA lD F13 010318.docx 147
insurance is in full force and collectible and to the extent permitted by
law, Frontier and Onvoy each will release and waive all right of
recovery against the other or any one claiming through or under each
of them by way of subrogation or otherwise. The release and waiver
shall be in force only if both releasers' insurance policies contain a
clause providing that such release or waiver shall not invalidate the
insurance and also, provided that such a policy can be obtained
without additional premiums.
1.7.7 Frontier will not carry insurance on the Onvoy furniture and/or
furnishings or any fixtures or equipment, improvements, or
appurtenances removable by Onvoy and therefore will not be
obligated to repair any damage thereto or be obligated to replace the
same.
1.8 lmplementation and Termination of Service.
lmplementation of Collocation Charqes. Frontier shall provide Onvoy
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 Onvoy of the Scheduled Completion Date and will request
Onvoy to schedule and attend a "Collocation Acceptance Meeting"
('CAM'). Collocation charges willbe implemented in accordance with
this section regardless of the readiness of Onvoy to utilize the
completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurrinq Charoes. The initial payment
of non-recurring charges (NRCs) shall be due and payable
in accordance with Section 1.3.3. Onvoy shall pay the
balance of the NRCs ('NRC Balance") upon Onvoy
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 Request. A CLEC may request to extend or
delay the Scheduled Completion Date of a Collocation
arrangement for up to six (6) months. A CLEC electing to
extend the Scheduled Completion Date of a Collocation
arrangement must notify Frontier in writing ("Extension
Notice") within thirty (30) calendar days after receiving the
Scheduled Completion Notice. ln order for Frontier to delay
billing of monthly recurring charges for the applicable
Collocation arrangement, Onvoy 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 Onvoy or the six (6) month
extension period has expired, whichever comes first. At any
time during or after the extension period, if Onvoy
1.8.1
Onvoy Comprehensive ICA lD F13 010318.docx 148
1.8.2
1.8.3
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 Onvoy that its
Collocation space has been requested by another CLEC.
Onvoy will have up to five (5) Business Days after the
notification to retain the Collocation space by notifying
Frontier in writing that it desires to keep the space
('Retention Notice"). lf Onvoy retains the Collocation space,
monthly recurring charges shall commence for Onvoy thirty
(30) calendar days after Onvoy sends the Retention Notice
or when Onvoy accepts the space, whichever comes first.
Grounds for Termination bv Frontier. Failure by Onvoy to comply with
the terms and conditions of this Attachment, including nonpayment of
rates and charges, may result in termination of Collocation service. ln
addition to the other grounds for termination of Collocation services set
forth herein, Frontier reserves the right to terminate such services
upon thirty (30) calendar days notice in the event Onvoy: (a) is not in
conformance with provisions of this Attachment or other Company
standards and requirements; and/or (b) imposes continued disruption
and threat of harm to Company employees and/or network, or
Frontier's ability to provide service to other CLECS.
Frontier also reserves the right to terminate such services, without prior
notice, in the event Onvoy'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 Onvoy's Collocation space.
Frontier reserves the right to inspect Onvoy's Collocation arrangement
to determine if sufficient DC Power and/or facility terminations are
being used to maintain interconnection and/or access to unbundled
network elements. lf Frontier determines that the Collocation
arrangement is not being used for interconnection and/or access to
unbundled network elements (from, for example, insufficient DC Power
and/or facility terminations), Frontier reserves the right to terminate
Onvoy's Collocation service upon thirty (30) calendar days notice.
lf Frontier elects to terminate a Collocation arrangement pursuant to
this section, the termination shall be governed by Section 1.8.4.
Termination bv CLEC. Onvoy must notify Frontier in writing of its
plans to terminate a Collocation arrangement (CLEC Termination
Notice"), and such Onvoy termination shall be governed by this
Section.
'1.8.3.1 Termination After Completion. lf Onvoy elects to terminate
an existing Collocation arrangement after a Collocation
arrangement has been completed, the termination will be
effective thirty (30) calendar days after Frontier's receipt of
Onvoy Termination Notice. lf CLEC terminates a
Collocation arrangement under this section, the termination
shall be governed by Section 1.8.4 and Onvoy remains
Onvoy Comprehensive ICA lD F13 010318.docx 149
1.8.3.2
1.8.3.2.1
1.8.3.2.2
1.8.4
responsible to pay any unpaid NRCs associated with the
terminated arrangement as set forth in Section 1.8.1. lf the
Collocation arrangement being terminated contains
equipment in which a third party maintains an ownership or
a security interest, Onvoy shall include a list of any such
owners and secured parties in Onvoy Termination Notice.
Termination Prior to Completion. lf Onvoy 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 Onvoy Termination Notice. For all non-
recurring charges associated with providing the Collocation
arrangement, Onvoy 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 Onvoy):
Effective date of Onvoy termination on or
between Days 1 to 15, Onvoy owes 20% of non-
recurring charges.
Effective date of Onvoy termination on or
between Days 16 to 30, Onvoy owes 40% of
non-recurring charges.
1.8.3.2.3 Effective date of Onvoy termination on or
between Days 31 to 45, Onvoy owes 60% of
non-recurring charges.
1.8.3.2.4 Effective date of Onvoy termination on or
between Days 46 to 60, Onvoy owes 80% of
non-recurring charges.
1.8.3.2.5 Effective date of Onvoy termination after Day 60,
Onvoy owes 100% of non-recurring charges.
lf after applying these percentages to NRCs already paid by
Onvoy, any refunds are due Onvoy, such refunds shall be
applied first as a credit to any accounts with balances owed
by Onvoy to Frontier, with any remaining refund amount
issued to Onvoy. Engineering/major augment fees
submitted with the application will not be refunded. Onvoy
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 Onvoy terminates a Collocation
arrangement under the terms and conditions of this Attachment, the
following provisions shall apply:
1.8.4.1 Equipment Removal and Monthly Recurring Charges.
Onvoy shall disconnect and remove its equipment from the
designated Collocation space by the effective date of the
termination. Upon removal by Onvoy of all its equipment
from the Collocation space, if Onvoy does not restore the
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1.8.5
1.8.6
Onvoy Comprehensive ICA lD F13 010318.docx 151
Collocation space to its original condition at time of
occupancy, Onvoy will reimburse Frontier for the cost to do
so. Due to physical and technical constraints, removal of
Onvoy entrance facility cable will be at Frontier's option.
Onvoy shall reimburse Frontier for all costs Frontier incurs
to decommission DC Power and transmission cable
terminations previously applied for by Onvoy. Frontier
reserves the right to remove Onvoy's equipment if Onvoy
fails to remove and dispose of the equipment by the
effective date of the termination. Onvoy will be charged the
appropriate additional labor charge in the Pricing
Attachment for the removal and disposal of such equipment.
All monthly recurring charges will continue to be charged to
Onvoy 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 tumover.
1.8.4.2 Refund of Non-Recurring Charges. lf Frontier or Onvoy has
terminated a Collocation arrangement pursuant to Sections
1.8.2 and 1.8.3 and Onvoy ("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'), Onvoy 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
Onvoy paid a non-recurring charge, Frontier will make a pro
rata refund of such paid non-recurring charges to Onvoy.
For purposes of calculating prorated refunds to Onvoy,
Frontier will use the economic life of the asset. Any refunds
issued pursuant to this section shall be applied first as a
credit to any accounts with balances owed by Onvoy to
Frontier, and any remaining refund amount will be issued to
Onvoy. Engineering/major augment fees submitted with the
application and any other paid non-recurring charges not
associated with the asset will not be refunded.
Closure, Decommissioninq or Sale of Premises. Collocation
arrangements will automatically terminate if the premise in which the
Collocation space is located is closed, decommissioned or sold and no
longer houses Frontier's network facilities. At least one hundred
eighty (180) days written notice will be given to Onvoy of events which
may lead to the automatic termination of any such arrangement
pursuant to the terms and conditions of this Aftachment, except when
extraordinary circumstances require a shorter interval. ln such cases,
Frontier will provide notice to Onvoy as soon as practicable. Frontier
will work with Onvoy to identify alternate Collocation arrangements.
Frontier will work cooperatively with Onvoy to minimize any potential
for service interruption resulting from such actions.
Miscellaneous. Frontier retains ownership of Frontier premise floor
space, adjacent land and equipment used to provide 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 Frontieds service requirements.
Onvoy 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 Onvoy requires use of a
Frontier local exchange line, Onvoy must order a business local
exchange access line (Bl ). Onvoy may not use Frontier official lines.
Virtual Collocation.
Unless otherwise specified in this Section 1.9, the provisions contained in other
sections of the Collocation Aftachment shall apply to virtual Collocation.
1.9.1 Description. Under virtual Collocation, Frontier installs and maintains
Onvoy provided equipment, which is dedicated to the exclusive use of
Onvoy in a Collocation arrangement. Onvoy provides fiber-optic
facilities through Frontier entrance manholes for connection to Onvoy
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 Onvoy's location, the fiber optic cable remains
Onvoy's responsibility, with Onvoy performing all servicing and
maintaining full ownership. lf Onvoy is purchasing Frontier provided
unbundled interoffice facilities as transport, Onvoy entrance fiber is not
required. All elements/services shall be connected to the output cables
of the virtual Collocation arrangement using Frontier designated cable
assignments, not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is
provided subject to the availability of space and facilities in each
premises where virtual Collocation is requested.
1.9.2
lf Onvoy requests virtual Collocation of equipment other than the
standard virtual arrangement, Onvoy and Frontier will mutually agree
upon the type of equipment to be virtually collocated.
lmolementation lntervals and Planninq. Frontier and Onvoy shall work
cooperatively to jointly plan the implementation milestones. Frontier
and Onvoy shallwork cooperatively in meeting those milestones and
deliverables as determined during the joint planning process. A
preliminary schedule will be developed outlining major milestones
including anticipated delivery dates for the Onvoy-provided
transmission equipment and for training.
Frontier will notify Onvoy of issues or unanticipated delays, as they
become known. Frontier and Onvoy shall conduct additionaljoint
planning meetings, as reasonably required, to ensure all known issues
are discussed and to address any that may impact the implementation
process. Planning meetings shall include establishment of schedule,
identification of tests to be performed, spare plug-in/card requirements,
test equipment, and determination of the final implementation
schedule.
Onvoy Comprehensive ICA lD Fl3 010318.docx 152
1.9
1.9.3
1.9.4
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. Onvoy shall deliver the virtual
Collocation equipment to Frontier premises by Business Day forty (40).
Frontier and Onvoy shall work cooperatively to schedule each site on a
priority-based order. Frontier and Onvoy shall mutually agree upon
intervals for non-standard arrangements.
Transmission Failure. Onvoy shall be responsible for monitoring and
reporting signal loss to Frontier. ln the event of a transmission failure,
Onvoy 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 Onvoy within eight (8) Business Days of the results
of this review and site survey.
The dedicated terminal equipment inside Frontier's premises shall be
provided by Onvoy 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 Onvoy will remove the
equipment. Onvoy will retain ownership of this equipment inside the
premises. Frontier will operate and maintain exclusive control over this
equipment inside the premises.
Where Frontier uses approved contractors for installation, maintenance
or repair of virtual Collocation arrangements, Onvoy may hire the same
approved contractors directly for installation, maintenance or repair of
Onvoy designated equ ipment.
Where Frontier does not use contractors, Onvoy designated equipment
and Onvoy provided facilities used in the provision of virtual Collocation
will be installed, maintained and repaired by Frontier. Frontier will
maintain and repair Onvoy designated equipment under the same
timeframe and standards as its own equipment.
Onvoy 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 Onvoy 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
untilnecessarytraining has been completed (referto Section 1.9.11).
Onvoy Comprehensive ICA lD F13 010318.docx 153
1.9.5
1.9.6
Onvoy Comprehensive ICA lD F13 010318.docx 154
Pluq-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 Onvoy-dedicated plug-in/card storage cabinet. Onvoy 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 Onvoy's failure to replace defective plug-
ins/cards. Frontier shall not be held responsible if Onvoy provides an
inadequate supply of plug-ins/cards. Frontier will segregate and
secure Onvoy-provided maintenance spares in Onvoy-provided spare
plug-in/card cabinet.
Onvoy shall provide the shop-wired piece of equipment fully pre-
equipped with working plug-ins/cards. ln addition, Onvoy shallprovide
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 Onvoy, 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 Onvoy prior to delivery to Frontier.
ln addition to maintenance spares, Onvoy will also provide any unique
tools or test equipment required to maintain, turn-up, or repair the
equipment.
Upon receiving notification from Frontier that a plug-in/card has been
replaced, Onvoy 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, Onvoy 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 recommended amount, unless otherwise mutually
agreed by Frontier and Onvoy.
Safetv and Technical Standards. Frontier reserves all rights to
terminate, modify or reconfigure the provision of service to Onvoy if, in
the discretion of Frontier, provision of service to Onvoy may in any
way interfere with or adversely affect Frontier's network or its ability to
service other CLECs.
All Onvoy equipment to be installed in Frontier premises must fully
comply with the GR - 000063 - CORE, GR - 1089 - CORE and
Frontier's premises environmental and transmission standards in effect
at the time of equipment installation. The equipment must also comply
with the requirements in NIP 74165, as they relate to fire, safety,
health, environmental, and network safeg uards.
1.9.7
1.9.8
1.9.9
1 .9.10
It is Onvoy's responsibility to demonstrate and provide to Frontier
adequate documentation from an accredited source certifying
compliance. Onvoy 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.
Onvoy 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. Onvoy
may install equipment that has been deployed by Frontier for five years
or more with a proven safety record.
All Onvoy's entrance facilities and splices must comply with TR - TSY
- 00020, TR - NWT - 001058, BR - 760 -200 - 030 and SR - TAP -
001421as they relate to fire, safety, health, environmental safeguards
and interference with Frontier's services and facilities. Such
requirements include, but are not limited to the following: (1) The fibers
must be single mode; (2) The fiber optic units must be of loose tube (12
fibers) or ribbon (12 fibers) design; (3) The fiber cable must be marked
according to the cable marking requirements in GR - 20 - CORE,
Section 6.2.1 - 4; (4) The fiber must be identified according to the fiber
and unit identification (color codes) in GR - 20 - CORE, Section 6.2.5;
(5) Unless otherwise mutually agreed, the outer cable jacket shall
consist of a polyethylene resin, carbon black, and suitable antioxidant
system; and (6) Silica fibers shall be fusible with a commercially
available fusion splice(s) that is commonly used for this operation.
Control Over Premises-Based Equipment. Frontier exercises
exclusive physical control over the premises-based transmission
equipment that terminates Onvoy'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 Onvoy
Removal of Equipment. Frontier reserves the right to remove facilities
and equipment from its list of approved products if such products,
facilities and equipment are determined to be no longer compliant with
NEBS standards or GR - 1089 - CORE.
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 Onvoy at the number provided and service the
equipment as instructed and directed by Onvoy.
Placement, Removal and Monitorinq of Facilities and Equipment.
From manhole zero toward Onvoy's location the fiber optic cable
remains Onvoy's responsibility, with Onvoy performing allservicing
and maintaining full ownership.
Onvoy has the responsibility to remotely monitor and control their
circuits terminating in Frontier's premises, however, Onvoy will not
enter Frontier's premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by Onvoy. A clear distinction must be made by Onvoy when
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1.9.11
Onvoy Comprehensive ICA lD F13 0'103'l8.docx
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 Onvoy isolates a trouble and determines that a Frontier
technician should be dispatched to the equipment location for a
servicing procedure, Onvoy shall enter a trouble ticket with Frontier.
Onvoy 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 Onvoy's
technician/contact.
Responses to all equipment servicing needs will be at Onvoy's
direction. Maintenance will not be performed without Onvoy's direct
instruction and authorization.
lf Onvoy is providing its own transport fiber for the virtual Collocation
arrangement, Onvoy will arrange placement of the fiber into manhole
zero with enough length (as designated by Frontier) to reach the virtual
Collocation arrangement.
Maintenance activity (trouble in the equipment) is to be tested, isolated
and evaluated by Onvoy. Frontier technicians will perform the
instructed activities on the equipment as specifically directed by Onvoy
Onvoy shall provide, own, and operate the terminal equipment at their
site outside Frontier's premises.
Use of Non-Standard Equipment. When Onvoy 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, Onvoy shall be responsible
for training 50%, but no fewer than five, of Frontier technicians in the
administrative work unit responsible for servicing the equipment. Any
special tools or electronic test sets that Frontier does not have at the
premises involved must be provided by Onvoy with adequate
manufacturer's training.
Onvoy 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 Onvoy. Onvoy shall also pay for Frontier
technicians'time subject to rates contained in the Pricing Attachment.
When travel is required, travelexpenses associated with training willbe
charged to Onvoy 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 Onvoy also has the option of arranging and
paying for alltravel expenses for Frontier technicians directly.
ln the event of an equipment upgrade, Onvoy must provide secondary
training subject to the provisions contained herein.
1s6
1.9.12
1.9.13
1.9.14
Onvoy Comprehensive ICA lD F13 010318.docx 157
Additions and Rearranqements. Once Onvoy 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 Onvoy decides to rearrange an existing
virtual Collocation arrangement, Onvoy must submit a new application
outlining the details of the rearrangement along with a virtual
eng ineering/major augment fee.
Apolication of Rates and Charqes.
Billinq. Frontier will apply charges (e.9., non-recurring and recurring
rates for entry fiber, power, etc.) and commence billing for the virtual
Collocation arrangement upon completion of the installation, when it
shall have finished all elements of the installation under its control. The
readiness of Onvoy to utilize the completed virtual Collocation
arrangement will not impair the right of Frontier to commence billing.
Frontier shall charge Onvoy for all costs incurred in providing the virtual
Collocation arrangement, including, but not limited to, Frontier's
planning, engineering and installation time and costs incurred by
Frontier for inventory services. Any and all expenses associated with
placing Onvoy's fiber in manhole zero, including license fees, shall be
the responsibility of Onvoy.
Virtual Enqineerinq Fee. Frontier will require a virtual
engineering/major augment fee (NRC) per virtual Collocation request,
per premise or other Frontier location where Onvoy requests to
establish virtual Collocation. A virtual engineering/major augment fee
is required to be submifted by Onvoy 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 Onvoy cancels or withdraws its request for a virtual Collocation
arrangement prior to turn-up, Onvoy 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
virtualCollocation are described in the Pricing Attachment.
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 Onvoy
within ten (10) Business Days following receipt of the completed
Augment Application if Onvoy conversion request is accepted or
denied. When converting a virtual arrangement to a caged or
cageless arrangement, Onvoy's equipment may need to be relocated.
1.10
1.10.2
Onvoy will be responsible for all costs associated with the relocation of
its equipment as described in Section 1.2.7.
Microwave Collocation.
Microwave Collocation is available on a first-come first-served basis where
technically feasible. The microwave equipment may include microwave
antenna(s), mounts, towers or other antenna support equipment on the exterior
of the building, and radio transmitter/receiver equipment located either inside or
on the exterior of the building. All microwave antennas must be physically
interconnected to Frontier facilities through the Collocation arrangement. Unless
otherwise specified in this Section 1.10, the provisions contained in other
sections of the Collocation Attachment shall apply to microwave Collocation.
1.10.1 Accommodations. Frontier will provide space within the cable riser,
cable rack support structures and between the transmitter/receiver
space and the roof space needed to reach the physical or virtual
Collocation arrangement and to access Frontier's interconnection
point. Waveguide may not be placed in Frontier cable risers or racks.
Frontier reserves the right to prohibit the installation of waveguide,
metallic conduit and coaxial cable through or near sensitive equipment
areas. The route of the waveguide and/or coaxial cable as well as any
protection required will be discussed during the pre-construction
survey.
Frontier will designate the space in, on or above the exterior walls and
roof of the premises, which will constitute the roof space or
transmitter/receiver space. Frontier may req u i re Onvoy'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 Onvoy'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 Onvoy. Frontier
reserves the right to use existing support structures for Onvoy's
antenna, subject to space and capacity limitations. Frontier also
reserves the right to use any unused portion of a support structure
owned by Onvoy 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 Onvoy 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 i ntercon necting via m icrowave facil ities, transm itter/receiver
equipment may be located in Onvoy's interior Collocation space, or in a
separate location inside or on the exterior of the building as determined
by Frontier.
Securitv. Frontier will permit Onvoy's employees, agents and
contractors approved by Frontier to have access to the areas where
Onvoy Comprehensive ICA lD F13 010318.docx 158
Onvoy's microwave antenna and associated equipment (e.9., tower
and su pport structu re, transm itter/receiver eq u ipment, and waveg u ide
and/or coaxial cable) is located during normal business hours for
installation and routine maintenance, provided that Onvoy 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
Onvoy to have access to Onvoy'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
days notice of the change unless it is due to an emergency which
renders notice impossible.
Frontier reseryes the right to review wind or ice loadings, etc., for
antennas over 18 inches in diameter or for any multiple antenna
installations, and to require changes necessary to insure that such
loadings meet generally accepted engineering criteria for radio tower
structures.
The minimum height of equipment placement, such as microwave
antennas, must be eight feet from the roof. For masts, towers and/or
antennas over ten (10) feet in height, Onvoy 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 Onvoy
owned structures that are solely for the use of one CLEC's antenna(s),
such inspection will be at Onvoy'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.
Onvoy 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 Onvoy's
facilities or equipment located in roof space or transmitter/receiver
space. Onvoy also agrees to take all necessary corrective action.
All Onvoy 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.
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1.10.4
Onvoy Comprehensive ICA lO F13 010318.docx 160
Onvoy must comply with Frontier technical specifications for microwave
Collocation interconnection specified in NIP - 74171 and Frontier's
digital switch environmental requirements specified in NIP - 74'165, as
they relate to fire, safety, health, environmental, and network
safeguards, and ensure that Onvoy provided equipment and
installation activities do not act as a hindrance to Frontier services or
facilities. Onvoy'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.
Onvoy 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 Onvoy microwave facilities must comply with Bellcore specifications
regarding microwave and radio based transmission and equipment,
CEF, BR - 760 - 200 - 030, and SR - TAP - 001421; and Frontier's
practices as they relate to fire, safety, health, environmental
safeguards transmission and electrical grounding requirements, or
interference with Frontier services or facilities.
The equipment located in, on or above the exterior walls or roof of
Frontier's building must either be on Frontier's list of approved products
or fully comply with requirements specified in 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 Onvoy in allcases is specified in ANSI
c95.'1 - 1982.
Onvoy 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. Onvoy 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 Eouipment. Prior to
installation of Onvoy's facilities or transmission equipment for
microwave interconnection, Onvoy 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.
Onvoy 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.
'1.10.5
1 .10.6
Any Onvoy'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 Onvoy.
Onvoy 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.
Onvoy 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 Onvoy intends
to modify, move replace or add to equipment or facilities within or
about the roof space or transmitter/receiver space(s) and requires
special consideration (e.9., use of freight elevators, loading dock,
staging area, etc.), Onvoy must request and receive written consent
from Frontier. Such consent will not be unreasonably withheld. Onvoy
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
wriften approval of Frontier.
Space and Facilities. Monthly rates are applicable to Onvoy 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 Onvoy's relative capacity ratio
(RCR), (i.e., the sum of the RCRs of each of the Onvoy'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), towe(s), mount(s), guy wires and/or support
structures used by Onvoy. 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 Onvoy proposing to
use the structure, on a one-time basis, for the following costs and/or
values. Any incrementalcosts associated with installing the Onvoy'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 Onvoy's
proposed antenna(s)to be mounted on the structure. Onvoy's RCR
represents the percent of the total capacity of the support structure
used by Onvoy'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 Onvoy 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.
Onvoy Comprehensive ICA lD Fl3 010318.docx 161
The owner of the structure may not assess Onvoy any charges in
addition to the onetime charge described above, except that the owner
of the structure may assess Onvoy a proportionate share of inspection
costs and Frontier may assess Onvoy monthly recurring charges for
use of its roof space. At the time Onvoy proposes to attach additional
antennas to an existing support structure, it shall be the responsibility
of Onvoy 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 an Onvoy is the owner of the structure, the proposed user shall
pay Onvoy 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 Onvoy 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 Onvoy.
Emeroency 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, Onvoy will be billed on a time and materials basis for the
costs incurred.
Escortinq. When Onvoy 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.
1.10.7
1.10.8
Onvoy Comprehensive ICA lD F13 010318.docx 162
9.1.1 ATTACHMENT
1. 9-1-1/Eg-l-l Arrangements
1.1 9-1-11E9-1-1 arrangements provide a caller access to the appropriate PSAP by
dialing a 3-digit universal telephone number'9-1-1'. Frontier provides and
maintains such equipment and software at the 9-1-1/E9-1-1 Tandem
Office(s)/Selective Router(s), Frontier interface point(s) and ALI Database as is
necessary for 9-1-1/E9-1-1 Calls in areas where Frontier is the designated
9-1 -1lE9-1 -1 Service Provider.
1.2 Frontier shall make the following information available to Onvoy, to the extent
permitted by Applicable Law. Such information is provided at the Frontier
Communications website (formerly referred to as the Frontier wholesale website)
1.2.1
1.2.2
a listing of the CLLI code (and SS7 point code when applicable) of
each 9-1-1/E9-1-1 Tandem Office(s)/Selective Router(s) and
associated geographic location served for areas where Frontier is the
designated 9-1-1/E9-1-1 Service Provider;
a listing of appropriate Frontier contact telephone numbers and
organizations that currently have responsibility for operations and
support of Frontier's 9-1-1/E9-1-1 network and ALI Database systems;
and
2
1.2.3 where Frontier maintains a Master Street Address Guide (MSAG) on
behalf of the Controlling 9-1-1 Authority, Frontier shall provide to
Onvoy a complete copy of such MSAG annually upon wriften request
for each county within the LATA(s) in the State of ldaho, where Onvoy
is providing Telephone Exchange Service, provided that Frontier is
permitted to do so by Controlling 9-1-1 Authority.
ALI Database
2.1 Where Frontier manages the ALI Database, information regarding the ALI
Database is provided electronically at the Frontier Communications website
(formerly referred to as the Frontier wholesale website).
2.2 Where Frontier manages the ALI Database, Frontier shall:
2.2.1 store Onvoy end user data provided by Onvoy in the ALI Database;
2.2.2 provide Onvoy access to the ALI Database for the initial loading and
updating of Onvoy end user records in accordance with information
contained in the Frontier Communications website (formerly referred to
as the Frontier wholesale website); and
2.2.3 provide Onvoy an error and status report based on updates to the ALI
Database received from Onvoy.
2.3 Where Frontier manages the ALI Database, Onvoy shall:
2.3.1 provide MSAG valid E9-1-1 data for each of its end users for the initial
loading of, and any and all updates to the ALI database;
2.3.2 utilize the appropriate Frontier electronic interface to update E9-1-1
data in the ALI Database related its end users (and all such database
information in the ALI Database shall conform to Frontier standards,
Onvoy Comprehensive ICA lD F13 010318.docx 163
which are provided at the Frontier Communications website (formerly
referred to as the Frontier wholesale website));
2.3.3 use its company lD on all end user records in accordance with NENA
standards;
2.3.4 correct any errors that occur during the entry of E9-1-1 data in the ALI
Database; and
2.3.5 enter E9-1-1 data into the ALI Database in accordance with NENA
standards for LNP. This includes, but is not limited to, using Onvoy's
NENA lD to lock and unlock records and the posting of the Onvoy
NENA lD to the ALI Database record where such locking and
unlocking feature for E9-1-1 records is available, or as defined by local
standards. Onvoy is required to promptly unlock and migrate its
E9-1-1 records in accordance with NENA standards. ln the event that
Onvoy discontinues providing Telephone Exchange Service to any of
its end users, it shall ensure that its E9-'1-1 records for such end users
are unlocked in accordance with NENA standards.
2.4 ln the event Onvoy uses an Agent to input its end user's E9-1-1 data to the ALI
Database through the appropriate Frontier electronic interface, Onvoy shall
provide a Letter of Authorization, in a form acceptable to Frontier, identifying and
authorizing its Agent.
3. 9-1-1/E9-1-l lnterconnection
3.1 Onvoy may, in accordance with Applicable Law, interconnect to the Frontier
9-1-1/E9-1-1 Tandem Office(s)/Selective Router(s) or Frontier interface point(s)
Frontier shall designate interface point(s), e.9., digital cross connect systems
(DCS), where Onvoy may interconnect with Frontier for the transmission and
routing of 9-1-1/E9-1-1 Calls to all subtending PSAPs that serve the areas in
which Onvoy provides Telephone Exchange Services.
3.2 ln order to interconnect with Frontier for the transmission and routing of
9-1-1/E9-1-1 Calls, Onvoy shall:
3.2.1 intercon nect with each Frontier 9-1 -1 lE9-1 -1 Tandem Office/Selective
Router or Frontier interface point that serves the exchange areas in
which Onvoy is authorized to and will provide Telephone Exchange
Service;
3.2.2 provide a minimum of two (2) one-way outgoing 9-1-1/E9-1-1 trunks
over diversely routed facilities that are dedicated for originating
9-1-1/E9-1-1 Calls from the Onvoy switch to each designated Frontier
9-1-1/E9-1-1 Tandem Office/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 9-1-1/E9-1-1 Calls from
Onvoy to the designated Frontier 9-1-1/E9-1-1 Tandem
Office(s)/Selective Router(s) or Frontier interface point(s). Onvoy is
responsible for requesting that trunks and facilities be routed diversely
for 9-1 -1 /E9-1 -1 interconnection;
Onvoy Comprehensive ICA lD F13 010318.docx 164
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
determine the proper quantity of trunks and facilities from its switch(es)
to the Frontier 9-1-1/E9-1-1 Tandem Office(s)/Selective Router(s) or
Frontier interface point(s);
engineer its 9-1-1/E9-1-1 trunks and facilities to attain a minimum P.01
grade of service as measured using the'busy day/busy hour" criteria
or at such other minimum grade of service as required by Applicable
Law or the Controlling 9-1-1 Authority;
monitor its 9-1-1/E9-1-1 trunks and facilities for the purpose of
determining originating network traffic volumes. lf the Onvoy traffic
study indicates that additional trunks and/or facilities are needed to
meet the current level of 9-1-1/E9-1-1 Call volumes, Onvoy shall order
or otherwise provide adequate additionaltrunks and/or facilities;
promptly test all 9-1-1/E9-1-1 trunks and facilities between the Onvoy
network and the Frontier 9-1-1/E9-1-1 Tandem Office(s)/Selective
Router(s) or Frontier interface point(s) to assure proper functioning of
9-1-1/E9-1-1 arrangements. Onvoy shall not transmit or route live
9-1-1/E9-1-1 Calls until successful testing is completed; and
isolate, coordinate and restore all 9-1-1/E9-1-1 network maintenance
problems from its switch(es) to the Frontier 9-1-1/E9-'1-1 Tandem
Office(s)/Selective Router(s) or Frontier interface points. Onvoy shall
advise Frontier of the circuit identification when notifying Frontier of a
failure or outage.
4. 9-1-11E9-1-l Genera!
4.1 Frontier and Onvoy shall work cooperatively to arrange meetings with the
Controlling 9-1-1 Authorities to answer any technical questions the PSAPS, or
county or municipal coordinators may have regarding the initial 9-1-1/E9-1-1
arrangements
4.2 Onvoy shall compensate Frontier for provision of 9-1-1/E9-1-1 Services pursuant
to the Pricing Attachment of this Agreement.
4.3 Onvoy and Frontier shall comply with all Applicable Law (including 9-1-1 taxes
and surcharges as defined by Applicable Law) pertaining to 9-1-1/E9-1-1
arrangements.
4.4 Onvoy shall collect and remit, as required, any 9-1-1lE9-1-1 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 Onvoy 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.
Onvoy Comprehensive ICA lD F13 010318.docx 165
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
Provid ing 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 of
the Effective Date of this Agreement ("Effective Date"). When Frontier finishes
developing such a Charge, Frontier shall notify Onvoy in writing of such Charge
in accordance with, and subject to, the notices provisions of this Agreement and
thereafter shall bill Onvoy, and Onvoy 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 Onvoy pursuant to this Section
1.4 shall be deemed to be a part of Appendix A of this Pricing Attachment
immediately after Frontier sends such notice to Onvoy and thereafter.
1.5 The Charges stated in Appendix A of this Pricing Attachment shall be
automatically superseded by any applicable Tariff Charges. The Charges stated
in Appendix A of this Pricing Attachment also shall be automatically superseded
by any new Charge(s) when such new Charge(s) are required by any order of the
Commission or the FCC, approved by the Commission or the FCC, or otherwise
allowed to go into effect by the Commission or the FCC (including, but not limited
to, in a Tariff that has been filed with the Commission or the FCC), provided such
new Charge(s) are not subject to a stay issued by any court of competent
jurisdiction.
1.6 ln the absence of Charges for a Service established pursuant to Sections 1.3
through 1.5 of this Attachment, if Charges for a Service are otherwise expressly
provided for in this Agreement, such Charges shall apply.
1.7 ln the absence of Charges for a Service established pursuant to Sections 1.3
through 1.6 of this Attachment, the Charges for the Service shall be the Providing
Party's FCC or Commission approved Charges.
1.8 ln the absence of Charges for a Service established pursuant to Sections 1.3
through 1.7 of this Attachment, the Charges for the Service shall be mutually
agreed to by the Parties in writing.
Frontier Telecommunications Services Provided to Onvoy 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.
2.1.1 The Charges for a Frontier Telecommunications Service purchased by
Onvoy for resale for which Frontier is required to provide a wholesale
2.
Onvoy Comprehensive ICA lD F13 010318.docx 166
2.1.2
2.1.3
2.1.4
2.1.5
Onvoy Comprehensive ICA lD F13 010318.docx 167
discount pursuant to Section 251(c)(a) of the Act shall be the Retail
Price for such Service set forth in Frontier's applicable Tariffs (or, if
there is no Tariff Retail Price for such Service, Frontier's Retail Price
for the Service that is generally offered to Frontier's Customers), less,
to the extent required by Applicable Law: (a) the applicable wholesale
discount stated in Frontier's Tariffs for Frontier Telecommunications
Services purchased for resale pursuant to Section 251(c)(4) of the Act;
or (b) in the absence of an applicable Frontier Tariff wholesale
discount for Frontier Telecommunications Services purchased for
resale pursuant to Section 251(c)(4) of the Act, the applicable
wholesale discount stated in Appendix A for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251(c)(4) of the Act.
The Charges for a Frontier Telecommunications Service Customer
Specific Arrangement CCSA') purchased by Onvoy for resale pursuant
to Section 3.3 of the Resale Attachment for which Frontier is required
to provide a wholesale discount pursuant to Section 251(c)(4) of the
Act shall be the Retail Price for the CSA, less, to the extent required
by Applicable Law: (a) the applicable wholesale discount stated in
Frontier's Tariffs for Frontier Telecommunications Services purchased
for resale pursuant to Section 251(c)(4) of the Act; or (b) in the
absence of an applicable Frontier Tariff wholesale discount for Frontier
Telecommunications Services purchased for resale pursuant to
Section 251(c)(4) of the Act, the applicable discount stated in
Appendix A for Frontier Telecommunications Services purchased for
resale pursuant to Section 251(c)(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 Onvoy 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 Onvoy for resale pursuant
to Section 251(c)(a) 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;
2.1.5.2 Except as otherwise provided by Applicable Law, Exchange
Access services;
2.1.5.3 Subscriber Line Charges, Federal Line Cost Charges, end
user common line Charges, taxes, and government
Charges and assessment (including, but not limited to, 9-1-
1 Charges and Dual Party Relay Service Charges).
2.1.5.4 Any other service or Charge that the Commission, the FCC,
or other governmental entity of appropriate jurisdiction
determines is not subject to a wholesale discount under
Section 251(c)(a) of the Act.
2.2 Frontier Telecommunications Services for which Frontier is Not Required to
Provide a Wholesale Discount Pursuant to Section 251(c)(4) of the Act.
2.2.1 The Charges for a Frontier Telecommunications Service for which
Frontier is not required to provide a wholesale discount pursuant to
Section 251(c)(4) of the Act shall be the Charges stated in Frontier's
Tariffs for such Frontier Telecommunications Service (or, if there are
no Frontier Tariff Charges for such Service, Frontier's Charges for the
Service that are generally offered by Frontier).
2.2.2 The Charges for a Frontier Telecommunications Service customer
specific contract service arrangement CCSA') purchased by Onvoy
pursuant to Section 3.3 of the Resale Aftachment for which Frontier is
not required to provide a wholesale discount pursuant to Section
251(c)(4) of the Act shall be the Charges provided for in the CSA and
any other Charges that Frontier could bill the person to whom the CSA
was originally provided (including, but not limited to, applicable
Frontier Tariff Charges).
2.3 Other Charges.
2.3.1 Onvoy shall pay, or collect and remit to Frontier, without discount, all
Subscriber Line Charges, Federal Line Cost Charges, and end user
common line Charges, associated with Frontier Telecommunications
Services provided by Frontier to Onvoy.
3. Onvoy Prices
Notwithstanding any other provision of this Agreement, the Charges that Onvoy bills
Frontier for Onvoy's Services shall not exceed the Charges for Frontier's comparable
Services, except to the extent that Onvoy's cost to provide such Onvoy's Services to
Frontier exceeds the Charges for Frontier's comparable Services and Onvoy has
demonstrated such cost to Frontier, or, at Frontier's request, to the Commission or the
FCC.
[This Section lntentionally 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
services, whether provided for in any of its Tariffs, in Appendix A, or otherwise); and (b)
with regard to the Charges of the other Party (including, but not limited to, a proceeding
to obtain a reduction in such Charges and a refund of any amounts paid in excess of any
Charges that are reduced).
4.
5.
Onvoy Comprehensive ICA lD F13 010318.docx 168
APPENDIX A TO THE PRICING ATTACHMENT1
(TDAHO)
vl.0
!. Rates and Charges for Transport and Termination of Tratfic2
A. Reciprocal Compensation Traffic Termination
Reciprocal Compensation Traffic End Office Rate: billand keep
Reciprocal Compensation Traffic Tandem Rate: bill and keep
B. The Tandem Transit Service Charge: $0.0018345 per mou
C. Entrance Facility and Transport for lnterconnection Charges: Per lntrastate Special
Access Tariff
D. Exchange Access Service: Per Frontier !nterstate and/or Frontier lntrastate
Access Tariff
1 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 Agreemenl (e.9., services, facilities, arrangements and the like that Frontier is
not required to provide under Sec{ion 251 ofthe Act). Notwithstanding any such rates (and/or references) and, for the
avoidance of any doubt, nothing in this Appendix shall be deemed to require Frontier to provide a service, facility,
arrangement or the like that the Agreement does not require Frontier to provide, or to provide a service, facility,
arrangement or the like upon rates, terms or conditions other than those that may be required by the Agreement.
All rates and charges set forth in this Appendix shall apply until such time as they are replaced by new rates and/or
charges as the Commission or the FCC may approve or allow to go into effect from time to time, subject however, to any
stay or other order issued by any court of competent jurisdiction. ln addition to any ratds and charges set forth herein,
effective as of March 11, 2005, CLEC 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 Networl< Elements; Review of the Section 251
Unbundling Obligations of lncumbent Local Exchange Caniers, WC Docket No. 04-313, CC Docket No. 01-338 (FCC rel.
Feb. 4, 2005), the foregoing being withciut limitation of other rates and charges that may apply under subsequent FCC
orders or otherwise. ln addition, as set forth in lndustry Notices, access tariff rates and/or other applicable non-UNE rates
may apply for certain facilities and arrangements that are no longer available as unbundled network elements or
combinations thereof.
2 All rates and charges specified herein are pertaining to the lnterconnection Attachment.
Onvoy Comprehensive ICA lD F13 010318.docx 170
ll. Services Available for Resale
The avoided cost discount for all Resale services is 13.5%.
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
$ 273.09$ 11.69
Ordering and Provisioning
Engineered lnitial Service Order (lSO) - New Service
Engineered lnitial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered lnitial Service Order - New Service
Non-Engineered lnitial Service Order - Changeover
Non-Engineered lnitial Service Order - As Specified
Non-Engineered Subsequent Service Order
$ 311.98
$ 123.84
$ 59.61$ 42.50$ 21.62$ 82.13$ 19.55
Central Office Connect
Outside Facility Connect
ManualOrdering Charge
$ 12.21$ 68.30$ 12.17
Product Specific:
NRCs, other than those for Pre-ordering, Ordering and Provisioning, and Custom
Handling as listed in this Appendix, will be charged from the appropriate retail tariff. No
discount applies to such NRCs.
Custom Handling:
Service Order Expedite:
Engineered
Non-Engineered
$ 35.48$ 12.59
Coordinated Conversions:
Central Office Connection
Outside Facility Connection
$ 17.76$ 10.71$ 9.59
Hot Coordinated Conversion First Hour:
tso
Central Office Connection
Outside Facility Con nection
$ 30.55$ 42.83$ 38.34
Hot Coordinated Conversion per Additional Quarter Hour:
tso
Central Office Connection
Outside Facility Connection
$ 6.40$ 10.71$ 9.59
Onvoy Comprehensive ICA lD F13 0'l0318.docx 171
Non-Recurring Charges (NRCs) for Resale Services
Application of NRCs
Pre-ordering
CLEC Account Establishment is a one-time charge applied the first time that Onvoy
orders any service from this Agreement.
Customer Record Search applies when Onvoy 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 Onvoy. 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 Onvoy. End-user service may remain the same or
change.
Central Office Connect applies in addition to the ISO when physical installation is
required at the central office.
Outside Facility Connect applies in addition to the ISO when incremental fieldwork is
required.
Manual Ordering Charge applies to orders that require Frontier to manually enter Onvoy'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 Onvoy requests
service prior to the standard due date intervals.
Coordinated Conversion applies if Onvoy requests notification and coordination of service
cut over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Onvoy requests real-time coordination
of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Onvoy Comprehensive ICA lD F13 010318.docx 172
lll. Prices for Unbundled Network Elements3
Monthly Recurring Charges
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
DSI Clear Channel Capability
Subloop
2-Wire Distribution (inclusive of NID)
4-Wire Distribution (inclusive of NID)
2-Wire Drop (inclusive of NID)
4-Wire Drop (inclusive of NID)
lnside Wire
Network lnterface Device (leased separately)
Basic NID:
Complex (12 x) NID
Dedicated Transport Facilities
I nteroffice Ded icated Transport:
IDT DSO Transport Facility perALM
IDT DSO Transport Termination
IDT DSI Transport Facility per ALM
IDT DSI Transport Termination
IDT DS3 Transport Facility perALM
IDT DS3 Transport Termination
Multiplexing (Dedicated Transport):
DSI to Voice Multiplexing
DS3 to DS1 Multiplexing
$ 45.00$ 67.00$ 45.00$ 67.00$ 160.31$ 320.38
$
$
$
$
5.06
26.00
$ 26.04$ 4s.64$ 5.57$ 5.91
BFR
$ 0.13$ 12.90$ 1.91$ 45.00$ 25.15$ 234.14
$ 194.78$ 550.00
80
90
1
1
DSI Clear Channel Capability $ 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,
CLEC shall pay any rates and charges that apply to a CLEC's embedded base of certain UNES pursuant to the TRRO, the
foregoing being without limitation of other rates and charges that may apply under subsequent FCC orders or otheMise;
in addition, as set forth in lndustry Notices, access tariff rates and/or other applicable non-UNE rates for certain facilities
and arrangements that are no longer available as unbundled network elements or combinations thereof.
Onvoy Comprehensive ICA lD F13 010318.docx 't73
Unbundled Dark Fiber
Unbundled Dark Fiber Loops
Dark Fiber Loop $ 67.13
Unbundled Dark Fiber Dedicated Transport
Dark Fiber IDT -Facility
Dark Fiber IDT -Termination
$ 24.80
$ 6.34
lntermediate Office Cross Connect TBD
EEL Pricing
MRCs. The MRCs for an EEL will generally be equal to the applicable MRCs for UNEs and
Multiplexing that comprise an EEL arrangement (e.9. UNE Loop, lDT, Multiplexing, & Clear
Channel Capability).
Onvoy Comprehensive ICA lD Fl3 010318.docx 174
Line Splitting (also referred to as "Loop Sharing")a 5
A. Unbundled Local Loops
B. Other Charges
As Applicable per this Appendix A for UNE Local 2-Wire
Digital (DSL qualified) Loops Monthly Recurring Charges and
Non-Recurring Charges as amended from time to time.
lncludes, without limitation, Recurring 2-Wire Digital (DSL
qualified) Loop Charges, Service Order Charge (per order),
Service Connection Charge" (per loop), Service Connection-
Other Charge* (per loop), and Provisioning charges. Also
includes, without limitation, if applicable, Field Dispatch, TC
Not Ready, Loop Qualification, Engineering Query,
Engineering Work Order, Trouble Dispatch, Misdirects,
Dispatch ln, Out, and Dispatch Expedites, lnstallation
Dispatch, Manual lntervention, Expedited, Digital Designed
Recurring and Non-Recurring Charges.
i. Regrade NRC $9.59
ii. *Service Connection*Service Connection/
Other
iii. Disconnect
iv. Line and Station
Transfers/Pair Swaps
A second Service
Connection NRC and
Service Connection/Other
NRC applies on New Loop
Sharing Arrangements
involving the connection of
both voice and data
connections.
A disconnect NRC applies,
as applicable, on total Loop
Sharing disconnects.
An LST/Pair Swap NRC
applies, as applicable, on
LST activity performed on
New Loop Sharing
Arrangements.
C. Collocation Rates
Collocation Rates (including, without
limitation, Splitter Connection and
lnstallation Rates)
As Applicable per this Appendix A.
a Rates for the individual line splitting components are contained in existing terms for Unbundled Network Elements and
Collocation.5 This Pricing Attachment incorporates by reference the rates set forth in the Agreement for the services and charges
referenced herein. ln the event this Pricing Attachment refers to a service that is not available under the Agreement, the
Agreement shall control. Nothing in this Appendix A shall be deemed to require Frontier to provide a service that the
Agreement does not require Frontier to provide.
Onvoy Comprehensive ICA lD F13 010318.docx 175
NON-RECURRING CHARGES - LOOP AND NID
Pre-ordering
CLEC Account Establishment - per CLEC
Customer Record Search
Ordering and Provisioning
Loop
Engineered lnitial Service Order (lSO)
Non-Engineered ISO
Central Office Connection
Outside Facility Connection (See Note 1)
NID
rso
Outside Facility Connection
Custom Handling
ManualOrdering Charge
Service Order Expedite
Engineered Loop LSRs
AllOther LSRs
Coordinated Conversions
tso
Central Office Connection
Outside Facility Con nection
Hot Coordinated Conversion First Hour
tso
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion per Additional Quarter Hour
tso
Central Office Connection
Outside Facility Connection
$ 166.32$ 4.21
$ 294.07$ 49.37
$ 12.21
$ 68.30
$ 33.38$ 42.69
$ 12.17
$ 25.80$ 3.36
$ 17.76$ 10.71$ 9.59
$ 30.55$ 42.83$ 38.34
$ 6.40
$ 10.71
$ 9.59
Note 1: The Outside Loop Facility Charge will apply when fieldwork is required for establishment
of a new unbundled loop service.
Onvoy Comprehensive ICA lD F13 010318.docx 176
NON-RECURRING CHARGES - OTHER UNEs
UNBUNDLED SUBLOOP
Exchange - FDI Distribution lnterconnection - lnitial
Exchange - FDI Distribution lnterconnection - Subsequent
Exchange - Serving Terminal lnterconnection - lnitial
Exchange - Serving Terminal lnterconnection - Subsequent
UNBUNDLED DARK FIBER
Advanced - Service lnquiry Charge
Advanced - lnteroffice Dedicated Transport - lnitial
Advanced - Unbundled Loop - lnitial
lntermediate Office Cross Connect
Dark Fiber Record Review (with reservations)
Dark Fiber Optional Engineering Services
Advanced - Basic (2-wire and 4-wire)- lnitial
Advanced - Basic (2-wire and 4-wire) - Subsequent
DS1/DS3 - lnitial
DS1/DS3 - Subsequent
DS3 to DSI Multiplexer
DS1 to DSO Multiplexer
CHANGEOVER CHARGE
(Conversion from Special Access to EELs or Transport)
Advanced - Basic (2-wire and 4-wire) Changeover (As ls)
Advanced - Basic (2-wire and 4-wire) Changeover (As ls)-
Additional MOG (Mass Order Generator) Only
Advanced - Complex (DSl and above) Changeover (As ls)
Advanced - Complex (DSl and above) Changeover (As ls)-
Additional MOG (Mass Order Generator) Only
$ 36.32$ 15.01
$ 36.32$ 15.01
$ 26.88
$ I 1.83
$ 26.88
$ 11.83
$ 61.90
$ 16.99
$ 28.99
$ 13.23
N/A
$267.28
$ 261.86
$ 30.36$ 7.22$ 1s.51$ 6.41
N/A
$ 224.68
$ 220.43
$ 405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
$ 88.39$ 38.02$ 97.94
$ 38.02
N/A
N/A
$ 405.65
$ 64.57
$ 64.57
$ 56.13$ 21.89
$ 65.68
$ 21.89
N/A
N/A
ENHANCED EXTENDED LOOPS (EELs) (WITH MANUAL AND SEMI MECHANIZED OPTIONS) Loop portion
(!n addition, IDT charges apply if applicable to the EEL arrangement)
$ 12.21$ 12.21
$ 12.21
$ 12.21
$ 450.00
$ 800.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$ 161.87
$ 7.52
$ 179.37
$ 7.s2
$ 99.77
$ 4.56
$ 117.27
$ 4.56
$ 41.64
$ 41.64
$ 41.64
$ 41.64
LOCAL WHOLESALE SERVICES
Ordering Provisioning
lOOo/o
Manual
Semi-
Mech.
lnitial
Unit
Addt'l
Unit
Onvoy Comprehensive ICA lD F'|3 010318.docx 177
LOCAL WHOLESALE SERVICES
Ordering Provisioning
100o/o
Manual
Semi-
Mech.
lnitial
Unit
Addt't
Unit
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
LINE AND STATION TRANSFER6
INTEROFFTCE DEDTCATED TRANSPORT (rDT)
(Also applies to IDT portion of an EEL arrangement)
Advanced - Basic (2-wire and 4-wire) - lnitial
Advanced - Basic (2-wire and 4-wire)- Subsequent
Advanced - Complex (DSl and above) - lnitial
Advanced - Complex (DSl and above)- Subsequent
EXPEDITES
Exchange Products
Advanced Products
OTHER
Customer Record Search (per account)
CLEC Account Establishment (per CLEC)
Design Change Charge - EELs and Transport
$ 0.00 $ 0.00 $ 147.75 N/A
N/A
N/A
NiA
$ 9s.49
$ 45.12
$ 105.04$ 45.12
$ 3.36 $$ 2s.80 $
$ 4.21
$ 166.32
$ 40.96
N/A
N/A
N/A
$ 63.01
$ 28.77$ 72.56$ 28.77
3.36
25.80
$ 0.00
$ 166.32$ 40.96
$ 318.71 $
$ 249.91 $
$ 568.62 $
34.88
0.00
34.88
$
$
$
$
428.58
58.20
584.49
86.80
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
6 A Line and Station Transfer (LST) Charge applies when Frontier arranges or rearranges an individual circuit at a
terminal or cross-connect box to free up a pair or suitable facility at the required service location; examples include an
arrangement of copper to DLC, the rearrangement of IDLC to copper and the rearrangement of IDLC to UDLC.
Onvoy Comprehensive ICA lD F13 010318.docx 178
LOCAL WHOLESALE SERVICES
Ordering Provisioning
100%
Manual
Semi-
Mech.
lnitial
Unit
Addt't
Unit
ROUTINE NETWORK MODIFICATIONST
Engineering Querya
Engineering Work Ordere
Expedite Engineering QueryError! Bookmark not defined. 10
Expedite Engineering Work Order Error! Bookmark not
defined. Errort Bookmark not defined.
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 l0 - lnstallation
Multiplexer - 110 - Reconfiguration
Multiplexer - 311 - lnstallation
Multiplexer - 31 1 - 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
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
$ 94.40
$ 41.67
$ 27.94
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
$ 272.35
$ 272.35
$ 529.77
$ 1,597.10
$ 2,992.81
$ 809.72
$ 809.72
$ 170.30
Time and
Material
$ 199.90
$12,211.41$ 170.30
$26,981.19$ 382.34
Time and
Material
$ 109.28$ 346.93
$ 314.63
$ 482.90
$35,307.87
$36,847.28
Time and
Material
7 This Appendix may contain rates and charges for (and/or reference) services, facilities, arrangements and the like that
Frontier does not have an obligation to provide under the Agreement (e.9., services, facilities, arrangements and the like
for wfiich an unbundling requirement does not exist under 47 U.S.C. Section 251(cX3)). Notwithstanding any such rates
and/or charges (and/or references) and, forthe avoidance ofany doubt, nothing in this Appendix shall be deemed to
require Frontier to provide a service, facility, arrangement or the like that the Agreement does not require Frontier to
provide, or to provide a service, facility, arrangement or the like upon rates, terms or conditions other than those that may
be required by the Agreement.
8 Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work Order
charges wiere applicable.
e Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering Query
charges where applicable.
10 Expedite Charges apply in addition to other listed rates.
Onvoy Comprehensive ICA lD F13 0103l8.docx 179
OTHER
Commingled Arrangements - per circuit NRC
Conversion - Service Order
Conversion - lnstallation per circuit
Circuit Retag - per circuit
Dark Fiber - Dark Fiber Routine Network Modifications
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$
$
$
$
50.00
19.33
7.27
59.43
N/A
N/A
N/A
N/A
N/A
N/ATime and
Material
Onvoy Comprehensive ICA lD F13 010318.docx 180
LOCAL WHOLESALE SERVICES 1OO"/o
Manual
Semi-
Mech.
lnitial
Unit
Addt't
Unit
Application of NRCs
Preordering
CLEC Account Establishment is a one-time charge applied the first time that Onvoy
orders any service from this Agreement.
Customer Record Search applies when Onvoy 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 transmifted order) based upon the method of
submission used by Onvoy.
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 Onvoy.
Advanced ISO applies per LSR/ASR when engineering work activity is required to
complete the order.
Exchange ISO applies per LSR/ASR when no engineering work activity is required to
complete the order.
Provisioning - 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 Subloop Distribution, Drop and
NID.
Exchange-Complex: Non-loaded Subloop 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 Subloop UNE for the
installation and grooming of Conditioning requests.
DSI Clear Channel Capability applies in addition to the lSO, per DS1 for the installation
and grooming of DSI Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special
access service is already in place.
Onvoy Comprehensive ICA lD F13 010318.docx 181
Service lnquiry - Dark Fiber applies per service inquiry when Onvoy requests Frontier to
determine the availability of dark fiber on a specific route.
EELs - The NRCs that generally apply to an EEL arrangement are applicable ordering &
provisioning charges for EEL Loops, lDT, Multiplexing and Clear Channel Capability.
Custom Handling (These NRCs are in addition to any Preordering or Ordering and Provisioning
NRCs):
Service Order Expedite applies if Onvoy requests service prior to the standard due date
intervals and the expedite request can be met by Frontier.
Coordinated Conversion applies if Onvoy requests notification and coordination of service
cut-over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Onvoy requests real-time coordination
of a service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 15-minute segment of real-time
coordination of a service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes
requested by Onvoy.
Onvoy Comprehensive ICA lD F13 010318.docx 182
IV Rates and Charges for 9-1-1
See State Access Tariff.
V.Collocation
A. PhysicalCollocation
1. Engineering
Engineering/Major Augment Fee
MinorAugment Fee
2. Access Card Administration (New/Replacement), per card
3. Cage Grounding Bar, per bar
4. DC Power
Engineering, per project
Cable Pullffermination, per cable
Ground Wire, per wire
5. Overhead Superstructure, per project
6. Facility Cable or Fiber Optic Patchcord Pullffermination
Engineering, per project
Facility Cable Pull, per cable run
Fiber Optic Patchcord Pull, per cable run
Cable Termination
DS0, per 100 pair
DSl, per 28 pair
DS3 Coaxial (Pre-connectorized), per term
DS3 Coaxial (Unconnectorized), per term
Fiber Optic Patchcord Termination, per term
7. Fiber Cable Pull
Engineering, per project
Place lnnerduct, per lin ft
Pull Cable, per lin ft
Cable Fire Retardant, per occurrence
8. Fiber Cable Splice
Engineering, per project
Splice Cable, per fiber
9. BITS Timing
Per project
Per occurrence
Monthlv Nonrecurrinq
$ 1,129.00$ 200,00
$ 22.00
$ 1,437.55
$ 75.43
$ 1,341.62$ 18.12
$ 2,440.00
$ 76.00$ 211.00$ 207.20
$
$
$
$
$
5.00
2.00
2.00
11.00
1.12
$ 607.00$ 2.00$ 1.00$ 42.00
$
$
31.00
70.00
$ 307.00
10. Caged Floor Space including Shared Access Area,
per sq ft
11. DC Power, per load amp
12. Building Modification, per request
$ 11.00
$ 5.00
$ 14.79
$ 201.00
Onvoy Comprehensive ICA lD F13 010318.docx 183
Monthlv Nonrecurrinq
$ 2.2813. Environmental Conditioning, per load amp
14. Facility Termination
DS0, per 100 pr
DS1, per 28 pr
DS3, per DS3
Fiber Optic Patchcord, per connector
15. Cable Rack Space
Metallic, per cable run
Fiber, per innerduct ft
16. Fiber Optic Patchcord Duct Space, per cable run
17. Manhole Space - Fiber, per project
18. Subduct Space - Fiber, per lin ft
19. Cable Vault Splice, Fiber Cable
48 Fiber Material, per splice
96 Fiber Material, per splice
$
$
$
$
4.00
16.00
11.00
1.01
$
$
$
$
$
2.00
0.02
0.56
6.00
0.04
$
$
10.00
27.00
B. GagelessCollocation
1. Engineering
Engineering/Major Augment Fee
Minor Augment Fee
2. Access Card Administration (New/Replacement), per card
3. Cage Grounding Bar, per bar
4. DC Power
Engineering, per project
Cable Pull/Termination, per cable
Ground Wire, per wire
5. Overhead Superstructure, per project
6. Facility Cable or Fiber Optic Patchcord Pullffermination
Engineering, per project
Facility 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 (Pre-connectorized), per term
DS3 Coaxial Cable Termination (Unconnectorized), per term
Fiber Optic Patchcord Termination, per term
$ 1,129.00$ 200.00
$ 22.00
$ 1,437.55
$ 76.00
$ 1,341.62$ 18.12
$ 2,440.00
$
$
$
$
$
$
$
$
76.00
211.00
207.20
5.00
2.00
2.00
11.00
1.12
Onvoy Comprehensive ICA lD F13 010318.docx 1U
7. Fiber Cable Pull
Engineering, per project
Place lnnerduct, per lin ft
PullCable, per lin ft
Cable Fire Retardant, per occurrence
8. Fiber Cable Splice
Engineering, per project
Splice Cable, per fiber
9. BITS Timing
Per project
Per occurrence
10. Relay Rack Floor Space, per lin ft
11. DC Power, per load amp
12. Building Modification, per request
13. EnvironmentalConditioning, per load amp
14. Facility Termination
DS0, per'100 pr
DSl, per28 pr
DS3, per DS3
Fiber Optic Patchcord, per connector
15. Cable Rack Space
Metallic, per cable run
Fiber, per innerduct ft
16. Fiber Optic Patchcord Duct Space, per cable run
17. Manhole Space - Fiber, per project
'18. Subduct Space - Fiber, per lin ft
19. Cable Vault Splice, Fiber Cable
48 Fiber Material, per splice
96 Fiber Material, per splice
Monthlv Nonrecurrinq
$ 607.00$ 2.00$ 1.00$ 42.00
31.00
70.00
$ 307.00$ 11.00
$ 20.00
$ 14.79
$ 201.00
$ 2.28
$
$
$
$
$
$
4.00
16.00
1 1.00
1.01
$
$
$
$
$
2.00
0.02
0.56
6.00
0.04
$
$
10.00
27.00
Onvoy Comprehensive ICA lD F13 010318.docx 185
1. Engineering, per occurrence
2. Facility Pull, 1 lin ft
3. FacilityTermination
DSO cable, per 100 pr
Connectorized, per 100 pr
Unconnectorized, per 100 pr
DSI cable, per 28 pr
Connectorized, per 28, pr
Unconnectorized, per 28 pr
DS3 cable, per coaxial
Connectorized, per DS3
Unconnectorized, per DS3
Fiber, per fiber term
4. Cable Vault Space, Fiber Cable
48 Fiber Space Utilization, per subduct
96 Fiber Space Utilization, per subduct
5. Cable Rack Space
Metallic DSO, 1 lin ft
Metallic DS1, 1 lin ft
Fiber, per innerduct ft
Coaxial, 1 lin ft
$ 958.00
$ 2.00
$ 4.00
5.00
42.00$ 16.00
2.00
32.00
$ 11.00
$
$
$
$
$
$
$
2.00
11.00
70.00
$
$
00
00
1
1
$
$
$
$
0.01
0.01
0.02
0.01
D. VirtualGollocation
1. Engineering/Major Augment Fee, per occurrence
2. Equipment lnstallation, per quarter rack
3. Software Upgrades, per base unit
4. Card lnstallation, per card
5. DC Power
Engineering, per project
Cable Pull/Termination, per cable
Ground Wire, per wire
6. Facility Cable or Fiber Optic Patchcord Pull/Termination
Engineering, per project
Facility Pull, per cable run
Fiber Optic Patchcord Pull, per cable run
DSO Cable Termination, per 100 pair
DSI Cable Termination, per 28 pair
DS3 Coaxial Cable Termination (Preconnectorized), per term
DS3 Coaxial Cable Termination (Unconnectorized), per term
Fiber Optic Patchcord Termination, per term
$ 557.81
$ 3,474.2s
$ 96.08
$ 222.52
$ 75.43
$ 1,341.62$ 18.12
$ 76.00$ 211.00$ 207.20$ 5.00$ 2.00$ 2.00$ 11.00$ 1.12
Onvoy Comprehensive ICA lD F13 010318.docx 186
C. Adjacent Collocation
Monthlv Nonrecurrinq
7. Fiber Cable Pull
Engineering, per project
Place lnnerduct, per lin ft
Pull Cable, per lin ft
Cable Fire Retardant, per occurrence
8. Fiber Cable Splice
Engineering, per project
Splice Cable, per fiber
9. BITS Timing
Per project
Per occurrence
10. Equipment Maintenance, per quarter rack
11. DC Power, per load amp
12. Environmental Conditioning, per load amp
14. Facility Termination
DS0, per 100 pr
DSl, per 28 pr
DS3, per DS3
Fiber Optic Patchcord, per connector
15. Cable Rack Space
Metallic, per cable run
Fiber, per innerduct ft
16. Fiber Optic Patchcord Duct Space, per cable run
17. Manhole Space - Fiber, per project
18. Subduct Space - Fiber, per lin ft
19. Cable Vault Splice, Fiber Cable
48 Fiber Material, per splice
96 Fiber Material, per splice
Monthlv Nonrecurrinq
$ 607.00$ 2.00$ 1.00$ 42.00
31.00
70.00
$ 307.00
'11.00
82.15
14.79
2.28
4.00
16.00
11.00
1.01
2.00
0.02
0.56
6.00
0.04
10.00
27.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Onvoy Comprehensive ICA lD F13 010318.docx 187
Monthlv Nonrecurrinq
E. Microwave Collocation
1. Augment Fee, per occurrence $ 998.92
2. Facility Pull
Engineering, per project
Labor, per lin ft
$ 76.00$ 1.12
ICB
tcB
3. Building Penetration for Microwave Cable, per occurrence
4. Special Work for Microwave, per occurrence
5. Rooftop Space, per sq ft $ 4.65
F. Dedicated Transit Service Collocation
1. DSO
Service Order - Semi-Mechanized, per order
Service Order - Manual, per order
Service Connection - CO Wiring, per jumper
Service Connection - Provisioning, per order
$ 21.89$ 38.02$ 7.02$ 64.95
2. DS1/DS3/Dark Fiber
Service Order - Semi-Mechanized, per order
Service Order - Manual, per order
Service Connection - CO Wiring, per jumper
Service Connection - Provisioning, per order
$ 21.89$ 38.02$ 7.02$ 64.95
3. Lit Fiber tcB
Onvoy Comprehensive ICA lD F13 010318.docx 188
Monthlv Nonrecurrinq
G. Miscellaneous Collocation Services
1. Labor
Overtime lnstallation Labor
Overtime Repair Labor
Additional lnstallation Testing Labor
Standby Labor
Testing & Maintenance with Other Telcos, Labor
Other Labor
Per rates below
Per rates below
Per rates below
Per rates below
Per rates below
Per rates below
2. Labor Rates
Basic Time, Business Day, per technician
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
$
$
42.83
21.41
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
$ 100.00$ 75.00
Prem, Time, Outside Business Day, per
technician
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
$ 150.00$ 125.00
3. Cable Material
Facility Cable - DSO Cable (Connectorized),
100 pr, per cable run
Facility Cable - DSI Cable (Connectorized),
per cable run
Facility Cable - DS3 Coaxial Cable, per cable run
Fiber Optic Patchcord - 24 Fiber (Connectorized),
per cable run
Power Cable-Wire Power 1/0, per cable run
Power Cable-Wire Power 210, per cable run
Power Cable-Wire Power 3/0, per cable run
Power Cable-Wire Power 410, per cable run
Power Cable-Wire Power 350 MCM, per cable run
Power Cable-Wire Power 500 MCM, per cable run
Power Cable-Wire Power 750 MCM, per cable run
Facility Cable - Category 5 (Connectorized)
$ 324.00
$ 301.00$ 82.00
$ 810.30$ 91.00$ 132.00$ 146.00$ 180.00$ 307.00$ 428.00$ 658.00$ 1.07
4. Collocation Space Report, per premise $ 1,218.00
Onvoy Comprehensive ICA lD F13 010318.docx 189
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Enqineerino/Maior Auqment Fee. The Engineering/Major Augment Fee applies for each initial
Caged, Cageless, Virtual, or Microwave collocation request and major augment requests for
existing Caged, Cageless, and Virtualcollocation arrangements. This charge recovers the costs
of the initial walkthrough to determine if there is sufficient collocation space, the best location for
the collocation area, what building modifications are necessary to provide collocation, and if
sufficient DC power facitities exist in the premises to accommodate collocation. This fee also
includes the total time for the Building Services Engineer and the time for the Outside Plant and
Central Office Engineers to attend status meetings.
Engineerinq/Maior Augment Fee (Microwave Only). The Engineering/Major Augment Fee for
Microwave Collocation applies when an existing Caged and Cageless collocation arrangement is
augmented with newly installed microwave antennae and other exterior facilities. This charge
recovers the costs of the initial walkthrough to determine if there is sufficient space, the best
location for the microwave antennae and other exterior facilities, what building modifications are
necessary, if any, and if sufficient support facilities exist in the premises to accommodate the
microwave antennae and other exterior facilities. This fee also includes the total time for the
Building Services Engineer to coordinate the entire project.
Minor Auqment Fee. The Minor Augment Fee applies for each minor augment request of an
Existing Caged, Cageless, Virtual, or Microwave collocation arrangement that does not require
additionalAC or DC power systems, HVAC system upgrades, or additional cage space. Minor
augments are those requests that require the Company to perform a service or function on behalf
of the CLEC including, but not limited to: installation of Virtual equipment cards or software
upgrades, removal of Virtual equipment, requests to pull cable from exterior microwave facilities,
and requests to terminate DSO, DS1 and DS3 cables.
Access Card Administration. The Access Card Administration rate covers activities associated
with the issuance and management of premises access cards. The rate is applied on a per card
basis.
Cage Groundinq Bar. The Cage Grounding Bar rate recovers the material and labor costs to
provision a ground bar, including necessary ground wire, in the collocator's cage.
BITS 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 Optic Patchcord PulliTermination-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.
Onvoy Comprehensive ICA lD F13 010318.docx 190
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-Enoineerino. 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
centraloffice.
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 Optic Patchcord Termination. The Fiber Optic Patchcord Termination is applied per fiber
cable termination and recovers the labor cost to terminate the fiber optic patchcord cable.
Fiber Splice-Enqineerinq. The Fiber Splice-Engineering charge is applied per project and covers
the engineering costs for fiber cable splicing projects.
Fiber Splice. The Fiber Splice charge is applied per fiber cable spliced and recovers the labor
cost associated with the splicing.
DC Power. Non-recurring charges for DC Power are applied for each caged, cageless, and
virtual collocation application and major DC Power augments to existing arrangements. These
charges recover Frontier's engineering and installation costs for pulling and terminating DC power
cables to the collocation area. For initial applications, each DC Power feed will require two (2)
cables.
Cable Material Charqes. The CLEC has the option of providing its own cable or Frontier may, at
the CLEC's request, provide the necessary transmission and power cables for caged, cageless,
and virtual collocation arrangements. lf Frontier provides these cables, the applicable Cable
Material Charge will be charged.
Adiacent Engineerino 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.
Onvoy Comprehensive ICA lD F13 010318.docx 191
Collocation 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.
Facility Pull (Microwave Onlv). The Facility Pull charge is applied per linear foot and recovers the
labor cost of pulling transmission cable from the microwave antennae and other exterior facilities
on the rooftop to the transmission equipment in the collocation cage or relay rack.
Buildinq Penetration for Microwave Cable. The reasonable costs to penetrate buildings for
microwave cable to connect microwave antennae facilities and other e{erior facilities to the
transmission equipment in the collocation cage or relay rack will be determined and applied on an
individual case basis, where technically feasible, as determined by the initial and subsequent
Engineering surveys.
Special Work for Microwave. The costs incurred by Frontier for installation of CLEC's microwave
antennae and other exterior facilities that are not recovered via other microwave rate elements
will be determined and applied on an individual case basis.
Virtual Eouipment lnstallation. The Mrtual 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, DSI-AM, frame relay, routers, OC3, OC12, OC24,
OC48, and NGDLC. This charge does not apply for the installation of splitters.
Virtual Software Upqrade. 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 additional cards for an existing Virtual Collocation arrangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting
CLEC for recovery of DTS order placement and issuance costs. The manual charge applies when
the semi-mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the
requesting CLEC for recovery of DTS jumper material, wiring, service turn-up for DS0, DS1, DS3,
and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the
request CLEC for recovery of circuit design and labor costs associated with the provisioning of DS0,
DS1, DS3, and dark fiber circuits for DTS.
Onvoy Comprehensive ICA lD F13 010318.docx 192
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caoed Floor Soace. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has
proper humidification and temperature controls to house telecommunications equipment. The
cost includes only that which relates directly to the land and building space itself.
Relav Rack Floor Space. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay
rack floor space depth is based on half the aisle area in front and back of the rack, and the depth
of the equipment that will be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of
the space that the outside plant fiber occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the
outside plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Solice. The Fiber Cable Vault Splice charge applies per splice and covers the
space and material cost associated with the CLEC's fiber cable splice within Frontier's cable
vault.
Cable Rack 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 coaxialcable 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 Space. The Fiber Optic Duct Space rate element is applied per cable
run and recovers the cost for the central office duct space occupied by the fiber optic patchcord
cable.
DC Power. The DC Power monthly charge is applied on a per load amp basis with a 10 amp
minimum for each caged, cageless, and virtual collocation arrangement. This charge is designed
to recover the monthly facility and utility expense to power the collocation equipment.
Facility Termination. This charge is applied per cable terminated. This charge is designed to
recover the labor and material costs of the applicable main distribution frame 100 pair circuit
block, DSX facility termination panel, or fiber distribution panel.
BITS Timinq. The BITS Timing monthly charge is designed to recover equipment and installation
cost to provide synchronized timing for electronic communications equipment. This rate is based
on a per port cost.
Buildinq Modification. The Building Modification monthly charge is applied to each caged and
cageless arrangement and is associated with provisioning the following items in Frontier's
premises: security, dust partition, ventilation ducts, demolition/site work, lighting, outlets, and
grounding equipment.
EnvironmentalConditioninq. The EnvironmentalConditioning charge is applied to each caged,
cageless, and virtual arrangement on a per load amp increment (10 amp minimum) based on the
Onvoy Comprehensive ICA lD F13 010318.docx 193
CLEC's DC Power requirements. This charge is associated with the provisioning of heating,
ventilation, and air conditioning systems for the CLEC's equipment in Frontier's premises.
Adiacent Cable Vault Soace. The Adjacent Cable Vault Space charge covers the cost of the
space the CLEC's cable occupies within the cable vault. The charge is based on the diameter of
the cable or subduct.
Adiacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber,
metallic or coaxial cable occupies within the cable rack system. The charge is based on the
linear feet occupied.
Microwave Rooftop Space. Microwave Rooftop Space is the cost per square foot to provide
rooftop space to the CLEC for microwave antennae and other exterior facilities. The cost
includes only that which relates directly to the land and building space itself.
Virtual Equipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per
quarter rack (or guarter bay) basis and recovers the costs incuned 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 splifters.
Onvoy Comprehensive ICA lD F13 010318.docx 't94
EXHIBIT A TO SECTTON 3.1 (FIBER MEET ARRANGEMENT)OF THE TNTERCONNECTTON
ATTACHMENT
TECHNICAL SPECIFICATIONS AND REQUIREMENTS
for
ONVOY, LLC
and
FRONTIER COMMUNICATIONS NORTHWEST INC.
FIBER MEET ARRANGEMENT NO. IXXI
The following technical specifications and requirements will apply to Onvoy, LLC and Frontier
Communications Northwest lnc. Fiber Meet Arrangement [NUMBER] ('FM No. [XX]"):
FM No. [XX] will provide interconnection facilities for the exchange of applicable traffic (as
set forth in the Amendment) between Frontier's [NAME OF TANDEM/END OFFICE] and
Onvoy'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 (.FNID') at [POLE XX,
STREET YY, TOWN ZZ, STATEI and terminate I I strands of its fiber optic
cable in the FNID. The FNID provisioned by Frontier will be a
[MANUFACTURER, MODELI. Frontier will bear the cost of installing and
maintaining its FNID. The fiber patch panelwithin Frontier's FNID will serve as
FMP No. 1. Frontier will provide a fiber stub at the fiber patch panel in Frontier's
FNID for Onvoy to connect t I strands of its fiber cable I I connectors.
Frontier's FNID will be locked, but Frontier and Onvoy will have 24 hour access
to their respective side of the fiber patch panel located in Frontier's FNID.
2.3 Onvoy will provision a FNID at [POLE XX, STREET YY, TOWN ZZ, STATE] and
terminate t I strands of its fiber optic cable in the FNID. The FNID
provisioned by Onvoy will be a [MANUFACTURER, MODEL]. Onvoy will bear
the cost of installing and maintaining its FNID. The fiber patch panel within
Onvoy's FNID will serve as FMP No. 2. Onvoy will provide a fiber stub at the
fiber patch panel in Onvoy's FNID for Frontier to connect t I strands of its
fiber cable. Onvoy's FNID will be locked, but Onvoy and Frontier will have 24
hour access to their respective side of the fiber patch panel located in Onvoy's
FNID.
Transmission Characteristics.
3.1 FM No. [XX]will be built [as a ring configuration]
3
Onvoy Comprehensive ICA lD F13 0t0318.docx 195
1.
3.2 The transmission interface for FM No. [XX] will be [Synchronous Optical Network
('soNET',)].
3.3 Terminating equipment shall comply with [SONET transmission requirements as
specified in Telcordia Technologies document GR-253 CORE (Tables 4-3
through 4-11)1.
3.4 The optical transmitters and receivers shall provide adequate power for the end-
to-end length of the fiber cable to be traversed.
3.5 The optical transmission rate will be [Unidirectional] OC-[XX].
3.6 The path switch protection shall be set as [Non-Revertive].
3.7 Frontier and Onvoy shall provide [Primary Reference Source traceable timing].
4. Add Drop Multiolexer.
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 Onvoy with fourteen (14) days advance written notice that describes the
upgrade or change to its firmware and states the date on which such firmware
will be activated in Frontieds Add Drop Multiplexer.
4.2 Onvoy will, at its own cost, obtain and install (at its own premise) its own Add
Drop Multiplexer. Onvoy 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, Onvoy 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 Onvoy's Add Drop Multiplexer.
4.3 Onvoy and Frontier will monitor all firmware upgrades and changes to observe
for any failures or anomalies adversely affecting service or administration. lf any
upgrade or change to firmware adversely affects service or administration of FM
No. [XX], the firmware will be removed from the Add Drop Multiplexer and will
revert to the previous version of firmware.
4.4 The Data Communication Channel shall be disabled between the Frontier and
Onvoy Add Drop Multiplexers of FM No. [)fi].
5.Testinq.
5.1 Prior to turn-up of FM No. [XX], Frontier and Onvoy will mutually develop and
implement testing procedures for FM No. [)tX]
6. Connectino Facilitv Assionment ('CFA") and Slot Assiqnment Allocation ("SAA").
6.1 For one-way and two-way trunk arrangements, the SAA information will be
turned over to Onvoy 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 Onvoy will control the CFA
Onvoy Comprehensive ICA lD F13 010318.docx 196
for the subtending facilities and trunks connected to Onvoy's slots. Onvoy will
place facility orders against the first half of lhe fully configured slots (for example,
slots 1€ 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 Onvoy shalljointly
designate the slot assignments for Frontier's Add Drop Multiplexers and Onvoy's
Add Drop Multiplexer in FM No. [XX].
6.3 For two-way trunk arrangements, Onvoy shall control the CFA for the subtending
facilities and trunks connected to FM No. [XX]. Onvoy shall place facility and
trunk orders against the total available SAA capacity of FM No. [)fi].
7. lnventorv. Provisioninq and Maintenance. Surveillance. and Restoration.
7.1 Frontier and Onvoy will inventory FM No. [)tX] in their operational support
systems before the order flow begins.
7.2 Frontier and Onvoy will notify each other's respective Maintenance Control Office
of alltroubleshooting and scheduled maintenance activity to be performed on FM
No. [)fi] 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. Onvoy will be responsible for the provisioning and
maintenance of the FM No. [)tX] transport facilities on the Onvoy'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 Onvoy will provide alarm surveillance for their respective FM No.
[XX] transport facilities. Frontier and Onvoy 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 othenruise provided in this Section 8, all expenses and costs
associated with the construction, operation, use and maintenance of FM No. [)fi]
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. [)fi] before it is used to
exchange traffic, the Party terminating the construction of FM No. [)fi] 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
requesting the move or change will compensate the other Party for that Party's
Onvoy Comprehensive ICA lD F13 0'l0318.docx 197
8.2
8.3
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.
ONVOY, LLC FRONTIER COMMUNICATIONS NORTHWEST
tNc.
By:
Date:
TO BE EXECUTED AT A LATER DATE
Onvoy Comprehensive ICA lD F13 010318.docx 198
Exhibit A-1
ONVOY, LLC
and
FRONT!ER COMMUNICATIONS NORTHWEST INC.
Fiber Meet Arrangement No. [XX]
City, State
Onvoy Comprehensive ICA lD F13 010318.docx 199