20191004Application.pdf

REC E IVED
?iltg CICT -L Pl{ 2: 28
21 West Ave
Spencerport, NY 14559
COMMUNICATIONS
,l
October 2,2019
vzN -T- l1-ot
Ms. Diane Hanian
Commission Secretary
IDAHO PUBLIC UTILITIES COMMISSION
1'1331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, lD 83714
Frontier Communications Northwest lnc. (Frontier) hereby submits for filing an electronic
copy of the lnterconnection Agreement between Peerless Network of ldaho, LLC and
Frontier. Frontier also mailed a hard copy of the filing via UPS delivery and will arrive at
the Commission October 4,2019.
Please direct any questions on this filing to Leslie Zink at [phone], or
[e-mail].
.. t r oa.l
Frontier
since?,
,d.4 fr*d
Leslie Zink
Sr. Manager, Pricing & Tariffs
LZ: lms
Enclosures
AGREEMENT
by and between
PEERLESS NETWORK OF IDAHO, LLC
and
FRONTIER COMMUNICATIONS NORTHWEST INC
FOR THE STATE OF
IDAHO
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TABLE OF CONTENTS
AGREEMENT 1
2 Term and Termination ...............2
6. Assurance of Payment ..............4
7.
9. Billing and Payment; Disputed Amounts.... ....................6
10. Confidentiality and Publicity ........................8
11. Counterparts 10
13. Discontinuance of Service by Carrier... .........................11
14. Dispute Resolution ..................11
15. Force Majeure ......12
16. Forecasts 12
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26. INTENTIONALLY LEFT BLANK 18
27. NetworkManagement.18
29. Notice of Network Changes ..20
31. Ordering and Maintenance ..21
32. Performance Standards ..21
33. Point of Contact for Carrier Customers ........................21
34. Predecessor Agreements ..21
35. Publicity and Use of Trademarks or Service Marks ..22
36. References ..22
43. Taxes 24
4. Technology Upgrades... ..........27
46. Third Party Beneficiaries 27
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General Rule 30
2. Definitions ............30
ADDITIONAL SERVICES ATTACHMENT .47
1. Afternate Billed Calls ...............47
2. Dialing Parity - Section 251(bX3)..47
3. Directory Listing and Distribution Services.................. ....................47
4. Voice lnformation Service Traffic ..48
5. Transfer of Service (Excluding Resale)..49
6. Originating Line Number Screening (OLNS)....... ..........50
7. Operations Support Systems (OSS) Services ..............51
8. Poles, Ducts, Conduits and Rights-of-Way.......... .........56
9. Telephone Numbers ................56
10. Unauthorized Carrier Change Charges .........................57
1. lnterconnection Trunking Arrangements............ ..........58
2. Points of lnterconnection and Trunk Types
3. Alternative lnterconnection Arrangements..
...58
...62
...644. lnitiating Interconnection.............
5. Transmission and Routing of Telephone Exchange Service Traffic..................64
6. Traffic Measurement and Billing over lnterconnection Trunks ......66
7. Reciprocal Compensation for the Transport and Termination of lnterchanged
Traffic 67
8. Other Types of Traffic .............68
9. Transmission and Routing of Exchange Access Traffic 69
10. Meet-Point Billing (MPB) Arrangements 69
11. Toll-free Service Access Code (e.9., 800/888/877) Traffic ...............72
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13. Number Resources, Rate Center Areas and Routing Points ..........75
14. Joint Network lmplementation and Grooming Process; Forecastin9................75
15. Number Portability - Section 251(BX2).... ......................77
16. Good Faith Performance.................. ...........79
TRAFFTC EXCHANGE ATTACHMENT............... ..............80
1. General...... ............80
2. Arrangements With Third Party Tandem Provider..... ......................80
3. lnitiating Traffic Exchange Under This Attachment........... ..............81
4. Traffic Measurement and Billing ................81
5. Reciprocal Compensation Arrangements Pursuant to Section 251(bxs) of theAct............. ............82
6. Other Types of Traffic .............83
8. Number Resources, Rate Center Areas and Routing Points ..........85
9. Number Portability - Section 251(BX2).... ......................85
1.
2. Use of Frontier Telecommunications Services ............88
3. Availability of Frontier Telecommunications Services..... ...............89
4. Responsibility for Charges..... ....................89
5. Operations Mafters....... ...........90
9. Discontinuance of Service to End User..,........ .............92
10. Discontinuance of Service to Carrier ........92
11. Good Faith Performance...
NETWORK ELEMENTS ATTACHMENT
...92
...93
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7. Toll-free Service Access Code (e.9., 800/888/877) Traffic ...............84
2.Frontier's Provision of Network Elements.... ................96
3. Loop Transmission Types ......97
4. Line Splitting (also referred to as "Loop Sharing") .......................103
6. Dark Fiber Transport .............107
7.
8. Dedicated Transport... ...........1{3
9. Operations Support Systems ...................113
10. Availability of Other Network Elements on an Unbundled Basis .....................1 1 3
11. Maintenance of Network Elements ..........114
12. Combinations,Commingling,andConversions 115
13. Routine Network Modifications 118
14. Rates and Charges ................. ...................119
15. Good Faith Performance.................. .........119
COLLOCATION ATTACHMENT Error! Bookmark not defined.
I . Frontier's Provision of Collocation............... ...............1 20
9.1.1 ATTACHMENT 162
3. lnterconnection for Exchange of 9-1-1/E9-1-1 Calls between the Parties .......163
4. lnterconnection for lnter-PSAP Transfer of 9-1-1/E9-1-l Calls .....165
5. lnitiating !nterconnection............. .............166
8. 9-{-1lE9-1-{ General 168
Appendix A: PRIGING ATTACHMENT.............. ............170
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1.General.170
2. Frontier Telecommunications Services Provided to Carrier for Resale
Pursuant to the Resale Attachment .........170
3. Carrier Prices .....172
4. Regulatory Review of Prices ....................172
EXHTBIT A TO SECTTON 3.1 (FIBER MEET ARRANGEMENT) OF THE TNTERCONNECTTONATTACHMENT............... ..........198
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AGREEMENT
PREFACE
This Agreement ("Agreement") shall be deemed effective upon Commission approval pursuant to Section
252 of the Act (the "Effective Date"), between Peerless Networks of ldaho, LLC ("Carrier"), a limited
liability company organized under the laws of the State of ldaho, with offices at222 South Riverside
Plaza, Suite 1900, Chicago, lllinois 60606 and Frontier Communications Northwest lnc. ("Frontie/'), a
corporation organized under the laws of the State of Washington with offices at 401 Merritt 7, Norwalk,
CT 06851 (Frontier and Carrier may be referred to hereinafter, each, individually as a "Party", and,
collectively, as the "Parties").
GENERAL TERMS AND CONDITIONS
Frontier is a telecommunications company authorized to provide telecommunications services in the State
of ldaho; and
Carrier is a telecommunications company authorized by the Commission to provide local exchange
telecommunications services in the state of ldaho, and
The Parties have in good faith negotiated, and agreed on local lnterconnection terms and conditions as
set forth below; and
ln consideration of the mutual promises contained in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally
bound, pursuant to Section 252 of the Act, Frontier and Carrier hereby covenant and agree as follows:
1. The Agreement
1.1 This Agreement includes: (a) the Principal Document; (b) the Tariffs of each Party
applicable to the Services that are offered for sale by it in the Principal Document (which
Tariffs are incorporated into and made a part of this Agreement by reference); and, (c) an
Order by a Party that has been accepted by the other Party.
1.2 Except as otherwise expressly provided in the Principal Document (including, but not
limited to, the Pricing Attachment), conflicts among provisions in the Principal Document,
Tariffs, and an Order by a Party that has been accepted by the other Party, shall be
resolved in accordance with the following order of precedence, where the document
identified in subsection '(a)" shall have the highest precedence: (a) the Principal
Document; (b) the Tariffs; and, (c) an Order by a Party that has been accepted by the
other Party. The fact that a provision appears in the Principal Document but not in a Tariff,
or in a Tariff but not in the Principal Document, shall not be interpreted as, or deemed
grounds for finding, a conflict for the purposes of this Section 1 .2.
This Agreement constitutes the entire agreement between the Parties on the subject
matter hereof, and supersedes any prior or contemporaneous agreement, understanding,
or representation, on the subject matter hereof, and neither Party will be bound by any
definition, condition, provision, representation, warranty, covenant or promise other than
as expressly stated in this Agreement or as is contemporaneously or subsequently set
forth in writing and executed by a duly authorized officer or representative of the Party to
be bound thereby, 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) ('Prior 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
1.3
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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 post-
petition 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 Carrier.
2. Term and Termination
2.1 This Agreement shall be effective as of the Effective Date and, unless cancelled or
terminated earlier in accordance with the terms hereof, shall continue in effect until
September 19,2021 (the "lnitial Term"). Thereafter, this Agreement shall continue in force
2.2
and effect unless and until cancelled or terminated as provided in this Agreement.
Either Carrier 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.
lf Carrier does not respond to Frontier's written notification of the intent to terminate the
Agreement, the Agreement will terminate and not renew at the later of the end of the lnitial
Term or ninety (90) days after notice is provided.
2.3 lf Carrier or Frontier provides notice of termination pursuant to Section 2.2 and on or
before the proposed date of termination either Carrier 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 Carrier and Frontier; or, (b)
the date one (1) year after the proposed date of termination.
2.4 Either Party may provide the other Party with at least ninety (90) day's written notification
of its desire to renegotiate the Agreement at the end of the lnitial Term or any Subsequent
Term. lf either Party provides the other Party with written notification to renegotiate this
Agreement, the negotiation and arbitration processes of the Act will be applicable and the
date of the notice to negotiate a successor agreement will be the starting point for the
negotiation window under Section 252 of the Act. lf Frontier provides notice of termination
pursuant to Section 2.2, and at least ninety (90) days before the proposed date of
termination either, and Carrier 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 Carrier and Frontier; or, (b) the date one (1) year after
the proposed date of termination. The effective date of a successor interconnection
agreement between Carrier and Frontier will be as of the date of termination of this
Agreement. Any changes in rates will apply, and be subject to true-up, as of the effective
date of the new interconnection agreement.
2.5 lf Frontier provides notice of termination pursuant to Section 2.2 and neither Carrier nor
Frontier has requested negotiation of a new interconnection agreement (or, in accordance
with Subsection 2.3(b), if no new agreement is reached by the date one (1) year after the
proposed date of termination), then (a) this Agreement will terminate at 11:59 PM Eastern
Time on the proposed date of termination (or in the case of termination in accordance with
Subsection 2.3(b), at 11:59 PM Eastern Time on the date one (1) year after 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
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4.
2.6
requested that such Services continue to be provided pursuant to an applicable Tariff.
Upon termination or expiration of this Agreement each Party shall promptly pay all
amounts (including any late payment charges) owed under this Agreement.
Termination upon Ordering and lmplementation lnactivity. Notwithstanding anything to the
contrary contained herein, Frontier may terminate this Agreement in the event Carrier has
not (a) placed any initial orders for any of the services to be provided pursuant to this
Agreement and (b) implemented any said services to Carrier customers within one (1)
year from the Effective Date of this Agreement.
3. Glossary and Attachments
The Glossary and the following Attachments are a part of this Agreement:
Additional Services Aftachment
lnterconnection 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
and construed in accordance with (a) the Act, (b) the FCC's Rules and Regulations, (c) the
laws of the United States of America and (d) the laws of the state of ldaho, without regard
to its conflicts of laws rules. All disputes relating to this Agreement shall be resolved
through the application of such laws.
4.2 Each Party shall remain in compliance with Applicable Law in the course of performing this
Agreement.
4.3 Neither Party shall be liable for any delay or failure in performance by it that results from
requirements of Applicable Law or acts or failures to act of any governmental entity or
official.
Each Party shall promptly notify the other Party in writing of any governmental action that
limits, suspends, cancels, withdraws, or othenryise materially affects, the notifying Party's
ability to perform its obligations under this Agreement.
4.5 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.
4.6 This Agreement, and any amendment or modification hereof, will be submitted to the
Commission for approval in accordance with Section 252 of the Act. 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
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4.4
3
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, then the Parties shall pursue 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 Carrier a Service that is not offered
under this Agreement to Carrier, 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.
4.7 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 Carrier
hereunder, then Frontier may discontinue the provision of any such Service, payment or
benefit, and Carrier shall reimburse Frontier for any payment previously made by Frontier
to Carrier that was not required by Applicable Law. Frontier will provide thirty (30) days
prior written notice to Carrier 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.
The Parties acknowledge that terms of this Agreement were established pursuant to FCC
and Commission orders. Nothing in this Agreement shall be deemed an admission by
the Parties regarding the interpretation or effect of these rules or orders or an admission
by either party that the existing rules or order shall not be changed, vacated dismissed or
modified.
4.8
4.9 The Parties jointly agree to cooperate in the filing of this Agreement and share equally
the expenses associated with obtaining Commission approval.
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. All obligations and duties of any Party under this Agreement shall be
binding on all successors-in-interest and assignees of such Party. No assignment or delegation
hereof shall relieve the assignor of its obligations under this Agreement.
6. Assurance of Payment
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Frontier may, in order to safeguard its interest, require Carrier to make a deposit to be
held by Frontier as a guarantee of the payment of rates and charges, unless satisfactory
credit has already been established. Any such deposit may be held during the
continuance of the service as security for the payment of any and all amounts accruing for
the service. A deposit will be returned with interest, at the Commission prescribed deposit
rate, if and when Carrier pays its undisputed bills on time for twenty-four (24) consecutive
months.
Unless otherwise agreed by the Parties, the assurance of payment shall consist of an
unconditional, irrevocable standby letter of credit naming Frontier as the beneficiary
thereof and otherwise in form and substance satisfactory to Frontier from a financial
institution acceptable to Frontier. The letter of credit shall be in an amount equal to two (2)
months anticipated charges (including, but not limited to, both recurring and non-recurring
charges), as reasonably determined by Frontier, for the Services to be provided by
Frontier to Carrier in connection with this Agreement. Frontier reserves the right to
increase the deposit requirements when, in its sole judgment, the conditions justify such
action; such conditions include but are not limited to: current deposit does not cover two
(2) months billing, history of late payment, or reconnection after disconnection for non-
payment, or a significant probability of a bankruptcy filing by Carrier.
Frontier may (but is not obligated to) draw on the letter of credit upon notice to Carrier in
respect of any amounts to be paid by Carrier hereunder that are not paid within thirty (30)
days of the date that payment of such amounts is required by this Agreement.
lf Frontier draws on the letter of credit, upon request by Frontier, Carrier shall provide a
replacement or supplemental letter of credit conforming to the requirements of Section 6.2
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 Carrier
has provided Frontier with such assurance of payment.
The fact that a deposit has been made in no way relieves Carrier from complying with
Frontier's regulations as to advance payments and the prompt payment of bills on
presentation nor, does it constitute a waiver or modification of the regular practices of
Frontier providing for the discontinuance of service for non-payment of any sums due
Frontier.
ln the event that Carrier defaults on its account, service to Carrier will be terminated and
any deposits held will be applied to its account.
Subject to the terms and conditions of this Section, and the reasonable security
requirements of each Party and 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 and the identification of traffic subject to this
Agreement. Such audits may be performed once each year at the conclusion of each
Calendar Year, in order evaluate the accuracy of such other Party's billing and invoicing.
The Parties may employ other persons or firms for this purpose. Such audits shall take
place at a time and place agreed to by the Parties no later than thirty (30) days after notice
thereof to such other Party.
7.1.1 Each Auditing Party may perform a single additional audit of the Audited Party's
relevant books, records and documents during any calendar year if the previous
audit uncovered incorrect net variances or errors in invoices in favor of the
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6.1
6.2
6.3
6.4
6.5
6.6
6.7
Audits
7.1
5
8.
Audited Party having an aggregate value of no less than five percent (5%) of
the total amount payable by the Auditing Party during the period covered by the
audit.
7.2 Each Audited Party shall use reasonable efforts to promptly correct any billing error that is
revealed in an audit, including reimbursing any overpayment in the form of a credit to the
Auditing Party on the invoice for the first full billing cycle after the Parties have agreed
upon the accuracy of the audit results. Any disputes concerning audit results shall be
resolved pursuant to Section 14 of this Agreement.
7.2.1 Upon (i) the discovery by either Party of the overcharges not previously
reimbursed to the other Party or (ii) the resolution of disputed audits, each Party
shall promptly reimburse to the Party thereto the amount of any overpayment
together with interest thereon at a rate of 0.5o/o per month.
7.3 Each Party shall cooperate fully in any such audit, providing reasonable access to any and
allemployees, books, records, documents, facilities and systems, reasonably necessary
to assess the accuracy of the Audited Party's bills.
7.4 Audits shall be performed at the Auditing Party's expense, provided that there shall be no
charge for reasonable access to the Audited Party's employees, books, records,
documents, facilities and systems necessary to assess the accuracy of the Audited Party's
bills.
Authorization
8.1 Frontier 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 Peerless Network of ldaho, 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 ldaho and has full power and authority to execute and deliver this Agreement and to
perform its obligations under this Agreement.
8.3 Carrier Certification.
8.3.1 Notwithstanding any other provision of this Agreement, Frontier shall have no
obligation to perform under this Agreement until such time as Carrier has
obtained such FCC and Commission authorization as may be required by
Applicable Law for conducting its business in the state of ldaho. Carrier shall
not place any Orders under this Agreement until it has obtained such
authorization. Carrier shall provide proof of such authorization to Frontier upon
request.
8.3.2 Carrier Account Setup. Carrier must provide the appropriate Frontier
representative the necessary documentation to enable Frontier to establish a
master account for Carrier. Such documentation will include a completed
Carrier Master Account Questionnaire, proof of authority to provide
telecommunications services within Frontier territory, proof that tariffs are on file
and approved by the applicable Commission, and a tax exemption certificate, if
applicable. Frontier will have no obligation to begin taking orders for service
until after the necessary documents have been provided to Frontier, and the
necessary deposit requirements are met.
Billing and Payment; Disputed Amounts9.
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ln consideration of the services provided by Frontier under this Agreement, Carrier shall
pay the charges set forth in this Agreement and in applicable tariffs. ln consideration of
the services provided by Carrier under this Agreement, Frontier shall pay the charges set
forth in this Agreement. lnvoices with charges set forth in this Agreement and in
applicable tariffs shall be sent to:
To Carrier:
Julie Oost
Peerless Network of lllinois, LLC
222 South Riverside Plaza, Suite 1900
Chicago, lllinois 60606
To Frontier:
Frontier Communications
Attention: Access Billing
P. O. Box 92713
Rochester, NY 14692
A monthly billing statement with a consistent, regular bill date shall be prepared by each
Party and will reflect the calculation for amounts due under this Agreement. All bills dated
as set forth above will be due thirty (30) days after the bill date or by the next bill date (i.e.,
the same date in the following month as the bill date), whichever is the shortest interval,
except as provided herein, and are payable in immediately available U.S. funds. lf such
payment date would cause payment to be due on a Saturday, Sunday or Legal Holiday,
payment for such bills will be due on the last business day preceding the Saturday,
Sunday or Legal Holiday. \A/hen a bill has been delayed, the due date will be extended by
the number of days the bill was delayed, upon request of the receiving Party.
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 within thirty (30) days of its receipt
of the invoice give written 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. The billed Party shall pay by the Due Date all undisputed amounts and shall include
a copy of the dispute with the payment of the undisputed amount. Billing disputes shall be
subject to the terms of Section 14, Dispute Resolution. Undisputed amounts due to the
billing Party that are not received by the Due Date or that are not immediately available to
the billing Party, shall be subject to a late payment charge. The late payment charge
shall be the lesser of one-and-one-half percent (1.SYo) per month or the maximum allowed
by law of the overdue amount (including any unpaid previously billed late payment
charges).
9.3.1 ln the event that a billing dispute is resolved in favor of the billed Party, any
payment of the disputed amount withheld pending settlement of the dispute
shall not be subject to the late payment charge as set forth herein.
9.3.2 ln the event that a billing dispute is resolved in favor of the billing Party, any
payments withheld pending settlement of the dispute will be subject to the late
payment charge as set forth herein.
Although it is the intent of both Parties to submit timely statements of charges, failure by
either Party to present statements to the other Party in a timely manner shall not constitute
a breach or default, or a waiver of the right to payment of the incurred charges, by the
billing Party under this Agreement, and, except for assertion of a provision of Applicable
9.1
9.2
9.3
9.4
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't0
Law that limits the period in which a suit or other proceeding can be brought before a court
or other governmental entity of appropriate jurisdiction to collect amounts due, the billed
Party shall not be entitled to dispute the billing Party's statement(s) based on the billing
Party's failure to submit them in a timely fashion.
Confidentiality and Publicity
10.1 All proprietary or confidential information ("Proprietary lnformation") disclosed by either
Party during the negotiations and the term of this Agreement will be protected by both
Parties in accordance with the terms provided herein.
10.2 As used in this Section 10, Proprietary lnformation means the following information that is
disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party") in
connection with, or anticipation of, this Agreement:
10.2.1 Books, records, documents and other information disclosed in an audit pursuant
to Section 7;
10.3
10.2.2
10.2.3
10.2.4
10.2.5
10.2.6
10.3.1
10.3.2
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 Proprietary
lnformation pursuant to Sections 10.2.5 or 10.2.6.
Each Party agrees that it will not disclose any Proprietary lnformation of the other Party in
whole or in part, including derivations, to any third party for a period of three (3) years from
the date of disclosure unless the Parties agree to modify this Agreement to provide for a
different nondisclosure period for specific materials. Neither Party will be liable for
inadvertent or accidental disclosure of Proprietary Information of the other Party provided
that:
Any forecasting information provided pursuant to this Agreement;
Customer lnformation (except to the extent that (a) the Customer information is
published in a directory, (b) the Customer information is disclosed through or in
the course of furnishing a Telecommunications Service, such as directory
assistance, operator service, Caller lD or similar service, or LIDB service, or (c)
the Customer to whom the Customer lnformation is related has authorized the
Receiving Party to use and/or disclose the Customer lnformation);
information related to specific facilities or equipment (including, but not limited
to, cable and pair information);
any information that is in written, graphic, recorded, machine readable,
electromagnetic, or other tangible form, and marked at the time of disclosure as
"Confidential" or "Proprietary" with the appropriate owner corporation name,
e.9., "Frontier Proprietary".; and
lnformation disclosed orally or visually will not be considered proprietary unless
such information is reduced to writing by the disclosing Party and a copy is
delivered to the other Party within ten (10) business days after such oral
disclosure. The writing will also state the place, date and person(s) to whom
disclosure was made.
the Proprietary lnformation received from the Disclosing Party is only used in
performance of this Agreement;
each Party uses at least the same degree of care in safeguarding such
Proprietary lnformation as it uses for its own proprietary information of like
IPeerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619
importance, and such degree of care will be reasonably calculated to prevent
such inadvertent disclosure;
10.3.3 it limits access to such Proprietary lnformation to its employees and agents who
are directly involved in the consideration of the Proprietary lnformation and
informs its employees and agents who have access to such Proprietary
lnformation of its duty not to disclose; and
10.3.4 upon discovery of any such inadvertent disclosure of Proprietary lnformation, it
will endeavor to prevent any further inadvertent disclosure.
10.4 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.
10.5 lnformation will not be deemed proprietary and the receiving Party will have no obligation
with respect to any such information which:
10.5.1 is or becomes publicly known through no wrongful act, fault or negligence of
the receiving Party; or
10.5.2 was known by the receiving Party or by any other affiliate or subsidiary of the
receiving Party prior to disclosure, or is at any time developed by the receiving
Party independently of any such disclosure; or
10.5.3 was disclosed to the receiving Party by a third party who was free of
obligations of confidentiality to the disclosing Party; or
10.5.4 is disclosed or used by the receiving Party, not less than three (3) years
following its initial disclosure or such other nondisclosure period as may be
agreed in writing by the Parties; or
is approved for release by written authorization of the disclosing Party; or10.5.5
10.5.6 is disclosed pursuant to a requirement or request of a governmental agency or
disclosure is required by operation of law, provided that the Receiving Party
shall have made commercially reasonable efforts to give adequate notice of the
requirement to the Disclosing Party in order to enable the Disclosing Party to
seek protective arrangements; or
10.5.7 is furnished to a third party by the disclosing Party without a similar restriction
on the third party's rights.
10.6 Since either Party may choose not to use or announce any services, products or
marketing techniques relating to these discussions or information gained or exchanged
during the discussions, both Parties acknowledge that one is not responsible or liable for
any business decisions made by the other in reliance upon any disclosures made during
any meeting between the Parties or in reliance on any results of the discussions. The
furnishing of Proprietary lnformation to one Party by the other Party will not obligate either
Party to enter into any further agreement or negotiation with the other.
10.7 Nothing contained in this Agreement will be construed as granting to one Party a license,
either express or implied, under any patent, copyright, or trademark, now or hereafter
owned, obtained, controlled, or which is or may be licensable by the other Party.
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10.8 All publicity regarding this Agreement and its Attachments is subject to the Parties' prior
written consent.
10.9 Unless otherwise agreed upon, neither Party will publish or use the other Party's name,
language, pictures, or symbols from which the other Party's name may be reasonably
inferred or implied in any advertising, promotion, or any other publicity matter relating
directly or indirectly to this Agreement.
11. Gounterparts
12.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument.
Default
ln the event of breach of any material provision of this Agreement by either Party, the non-
breaching Party shall give the other Party written notice thereof, and:
12.1 lf such material breach is for non-payment of amounts due hereunder, the breaching Party
shall cure such breach within ten (10) days of receiving such notice. The non-breaching
Party shall be entitled to pursue all available legal and equitable remedies for such breach.
Amounts disputed in good faith and withheld or set off shall not be deemed "amounts due
hereunder" for the purpose of this provision. Neither Party shall withhold or set off
undisputed amounts.
ln addition, if such material breach is for non-payment of amounts due hereunder and
such amounts have not been disputed, the non-breaching Party may:
12.1.1 refuse additional applications for any service provided under this Agreement;
12.1.2 refuse to complete any pending orders for additional services any time
thereafier, and/or;
12.1.3 on thirty (30) days'wriften notice by overnight delivery or certified U.S. mail,
with a copy to the Commission, to the person designated to receive such notice,
discontinue the provision of existing services at any time thereafter.
12.2 lf the non-breaching Party does not refuse additional applications for additional services,
and the non-payment continues, nothing contained herein shall preclude the non-
breaching Party from refusing additional applications for services without further notice. lf
the non-breaching Party discontinues provision of the additional services, all applicable
charges, including termination charges, shall become due. lf the non-breaching Party
does not discontinue the provision of services on the date specified in the thirty (30) days'
notice, and the nonpayment continues, nothing contained herein shall preclude the non-
breaching Party from discontinuing the provision of services without further notice.
12.3 Frontier reserves the right to refuse an application for additional services made by any
entity that owns or is substantially owned, directly or indirectly, by or is under common
control with, Carrier, so long as Carrier or any such entity is indebted to Frontier for
services previously furnished, until the indebtedness is satisfied. ln the event that services
are provided to Carrier or an entity that owns or is substantially owned, directly or
indirectly, by or is under common controlwith, Carrier, such services may be terminated
by Frontier unless Carrier satisfies the indebtedness owing to Frontier within thirty (30)
days afier written notification. Such notification shall be made by certified U. S. mail to the
person designated by Carrier to receive such notices.
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12.4 lf such material breach is for any failure to perform in accordance with this Agreement,
other than for non-payment of amounts due hereunder, or if either Party is otherwise in
violation of the law, the non-breaching Party shall give notice of the breach and the
breaching Party shall cure such breach within sixty (60) days of such notice, and if
breaching Party does not, the non-breaching Party may, at its sole option, terminate this
Agreement. The non-breaching Party shallbe entitled to pursue all available legaland
equitable remedies for such breach.
13. Discontinuance of Service by Carrier
1 3.1 lf Carrier 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, Carrier shall send written notice of such discontinuance to Frontier, the
Commission, and each of Carrier's Customers. Carrier 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, Carrier shall send such notice at least thirty (30) days prior to its discontinuance
of service.
13.2 Such notice must advise each Carrier Customer that unless action is taken by the Carrier
Customer to switch to a different carrier prior to Carrier's proposed discontinuance of
service, the Carrier Customer will be without the service provided by Carrier to the Carrier
Customer.
13.3 Should a Carrier Customer subsequently become a Frontier Customer, Carrier shall
provide Frontier with all information necessary for Frontier to establish service for the
Carrier Customer, including, but not limited to, the Carrier Customer's billed name, listed
name, service address, and billing address, and the services being provided to the Carrier
Customer.
13.4 Nothing in this Section 13 shall limit Frontier's right to cancel or terminate this Agreement
or suspend provision of Services under this Agreement.
14. Dispute Resolution
14.1 Except as otherwise provided in this Agreement, any default or 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 prior to taking any action
before any court or regulator or before authorizing any public statement about or
disclosure of the nature of the dispute to any third party. 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
individualwho 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. ln the event that the Parties are unable to resolve a default or
other dispute and 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 othenryise, including, but not limited to,
instituting an appropriate proceeding before the Commission, the FCC, or a court of
competent ju risdiction.
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14.3
14.4
Both Parties shall use the Dispute Resolutions procedures as described herein.
Each Party shall bear the cost of preparing and presenting its case through all phases of
the dispute resolution procedure herein described.
15. Force Majeure
15.1 Neither Party shall be responsible for any delay or failure in performance which results
from causes beyond its reasonable control ("Force Majeure Events"), whether or not
foreseeable by such Party. Such Force Majeure Events include, but are not limited to the
following:
15.1.1 Adverse weather conditions, flood, fire, explosion, earthquake, hurricane,
cyclone, tornado, storm, epidemic, volcanic action, breakdown of plant or power
failure;
15.1.2 Embargo, boycott, war, revolution, civil commotion, act of public enemies,
terrorism, or blockade;
15.1 .3 Any law, order, proclamation, regulation, ordinance, demand or requirement of
any government or any subdivision, authority, or representative of any such
government;
15.1.4 Labor unrest (including, but not limited to, strikes, work stoppages, slowdowns,
picketing or boycotts);
15.1.5 Delays caused by other service or equipment vendors, inability to obtain
equipment, parts, software or repairs thereof, acts or omissions of the other
Party;
15.1.6 Any other circumstance beyond the reasonable control of the Party affected 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.
16. Forecasts
ln addition to any other forecasts required by this Agreement, upon request by Frontier, Carrier
shall provide to Frontier forecasts regarding the Services that Carrier expects to purchase from
Frontier, including, but not limited to, forecasts regarding the types and volumes of Services that
Carrier expects to purchase and the locations where such Services will be purchased.
17. Fraud
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Carrier 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
Carrier's account in cases of, fraud by Carrier's Customers or other third parties unless such
fraud is the result of intentional misconduct or gross negligence of Frontier.
18. Good Faith Performance
The Parties shall act in good faith in their performance of this Agreement. Except as othenarise
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
Carrier 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 in this Agreement are for convenience and will not be construed to define or limit any
of the terms herein or affect the meanings or interpretation of this Agreement.
20. lndemnification
20J Each Party ("lndemnifying Party') shall indemnify, defend and hold harmless the other
Party ("lndemnified Party'), the lndemnified Party's parents, subsidiaries, Affiliates,
agents, servants, and the directors, officers and employees of the lndemnified Party and
the lndemnified Par$'s Affiliates, from any liabilities, claims or demands (including the
costs, expenses and reasonable attorney's fees on account thereof) that may be made by
third padies for (a) personal injuries, including death, or (b) damage to tangible property
resulting from the sole negligence and/or sole willful misconduct of that Party, its
employees or agents in the performance of this Agreement. Each Party will defend the
other at the othe/s request against any such liability, claim, or demand. Each Party will
notify the other promptly of written claims or demands against such Party of which the
other Party is solely responsible hereunder.
20.2 Each Party will defend, indemnifu, and hold harmless the other Party and/or acquire any
license or right for the benefit of the other Party, arising from any claim, demand or
proceeding (hereinafier "Claim") by any third party alleging or asserting that the use of any
circuit, apparatus, or system, or other facilities, or the use of any software, or the
performance of any service or method, or the provision or use of any facilities by either
Frontiers or Carriers under this Agreement constitutes direct or contributory infringement,
or misuse or misappropriation of any patent, copyright, trademark, trade secret, or any
other proprietary or intellectual property right of any third party. Each Party's
indemnification obligation will be to the extent of infringement by the lndemnifying Party,
20.3 The lndemnified Party will notify the lndemnifying Party promptly in writing of any claims,
lawsuits, or demands by third Parties for which the lndemnified Party alleges that the
lndemnifying Party is responsible under this Section and if requested by the lndemnifying
Party, shall tender the defense of such claim, lawsuit or demand.
20.3.1 In the event the lndemnifying Party does not promptly assume or diligently
pursue the defense of the tendered action, then the lndemnified Party may
proceed to defend or settle said action and the lndemnifying Party shall hold
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harmless the lndemnified Party from any loss, cost, liability, damage and
expense.
20.3.2 ln the event the Party otherwise entitled to indemnification from the other elects
to decline such indemnification, then the Party making such an election may, at
its own expense, assume defense and settlement of the claim, lawsuit or
demand.
20.3.3 The Parties will cooperate in every reasonable manner with the defense or
settlement of any claim, demand, or lawsuit.
20.4 Notwithstanding any other provisions of this Agreement, in the case of claims or loss
alleged or incurred by an End User Customer of Carrier arising out of or in connection with
services provided to the End User Customer by Carrier, Carrier shall defend and
indemniflT Frontier and its officers, directors, employees and agents against any and all
such claims or loss by Carrier's End User Customers.
21. lnsurance
21.1 Carrier shall maintain during the term of this Agreement, at its sole cost and expense, the
following insurance:
21.1.1 Commercial General Liability lnsurance, on an occurrence basis, for claims that
may arise out of or result from Carrier's performance of this Agreement,
whether performed by Carrier or its subcontractor, or anyone for whose acts
they may be held liable. Such insurance shall include coverage for bodily
injury, property damage premises and operations, products and completed
operations, contractual liability, personal and advertising injury, and coverage
for explosion, collapse, and underground property damage (XCU), with limits of
at least $1,000,000 per occurrence, $2,000,000 in the general aggregate, and
$2,000,000 in the aggregate for products and completed operations. Products
and completed operations coverage shall be maintained for a minimum of two
(2) years following the expiration or termination of this Agreement.
21.1.2 Business Automobile Liability lnsurance covering allowned, hired and non-
owned vehicles, with a combined single limit for bodily injury and property
damage of at least $2,000,000 each accident, covering any automobile used
and or operated by, or on behalf of Carrier on Frontier's premises.
21.1.3 Umbrella or Excess Liability lnsurance providing excess limits over the
commercialgeneral liability, business automobile liability, and employer's
Iiability policies, with limits of at least $10,000,000 for each occurrence. The
Iimit of liability under this insurance may be increased accordingly to satisfo the
minimum limit requirements under the Commercial General Liability, Business
Automobile Liability and Employer's Liability lnsurances.
21.1.4 Workers' Compensation lnsurance with coverage and limits complying with the
statutory requirements of the jurisdiction in which the Collocation site is located,
and Employer's Liability lnsurance with limits of at least $1,000,000 each
accident for bodily injury by accident, $1,000,000 each employee for bodily
injury by disease, and $1,000,000 policy limit for bodily injury by disease.
Such Workers' Compensation insurance policy will provide that the insurance
company willwaive all rights of recovery by way of subrogation against Frontier
Communications Corporation and its subsidiaries in connection with any claim
covered by the policy.
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21.1.5 All risk property insurance on a replacement cost basis for all of Carrier'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. Such insurance policy will provide
that the insurance company willwaive all rights of recovery by way of
subrogation against Frontier Communications Corporation and its subsidiaries
in connection with any damage covered by the policy.
21.2 All such policies identified underthis Section shallbe issued by insurance companies
authorized to do business in the state where the Collocation site is located and with an
A.M. Best Rating of A- Vll or better.
21.3 Any deductibles, self-insured retentions or other similar obligations for the foregoing
insurance must be disclosed on the certificates of insurance to be provided to Frontier
pursuant to Sections 21.5 and 21.6, and shall be the sole responsibility of Carrier.
21.4 Carrier shall name Frontier Communications Corporation and its subsidiaries, and any
other entities as required by Frontier whose names have been provided to Carrier in
writing as additional insureds on the foregoing liability insurance except for Workers'
Compensation and Employer's Liability. Such coverage shall be primary and non-
contributory to any other insurance available to the additional insureds.
21.5 Carrier shall, within two (2) weeks of the Effective Date hereof and at the time of each
renewal of Carrier's insurance policies, and at such other times as Frontier may
reasonably specify, furnish certificate(s) of insurance of the foregoing insurance
reasonably acceptable to Frontier. The certificates of insurance of the foregoing insurance
shall be sent to: Contract Management, Frontier Communications Corporation, 7979 N.
Belt Line Road, MC: SlC74, lrving, TX 75063.
21.6 Carrier shall require its contractors, if any, that may enter upon the premises or access the
facilities or equipment of Frontier or Frontier's affiliates to maintain insurance in
accordance with Sections 21.1 through 21.4 and, if requested, to furnish Frontier
certificates insurance acceptable to Frontier in accordance with Section 21.5.
21.7 Failure of Carrier or Carrier's contractors to maintain insurance and provide certificates of
insurance as required in Sections 21.1 through 21.6, above, shall be deemed a material
breach of this Agreement.
21.8 Certificates furnished by Carrier or Carrier's contractors shall contain a clause stating:
"Frontier North lnc. and Frontier Communications of the Carolinas, LLC shall be notified in
writing at least thirty (30) days prior to cancellation of, or any material change in, the
insurance."
21.9 All insurance must be in effect on or before the occupancy date and shall remain in force
as long as Carrier's facilities remain within any spaces governed by this Agreement. lf
Carrier fails to maintain the coverage, shall be deemed a material breach of this
Agreement.
21.10 The obligation to insure imposed by this Section shall not relieve Carrier of any obligations
imposed upon it by other Sections of this Agreement. Neither the insurance required nor
the amount of type of insurance maintained by Carrier shall limit or affect the extent of
Carrier's liability hereunder for injury, death or loss or damage.
22. lntellectual Property
22.1 Except as expressly stated in this Agreement, this Agreement shall not be construed as
granting a license with respect to any patent, copyright, trade name, trademark, service
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mark, trade secret or any other intellectual property, now or hereafter owned, controlled or
licensable by either Party. Except as expressly stated in this Agreement, neither Party
may use any patent, copyrightable materials, trademark, trade name, trade secret or other
intellectual property right, of the other Party except in accordance with the terms of a
separate license agreement between the Parties granting such rights.
22.2 Except as stated in Section 22.4, neilher Party shall have any obligation to defend,
indemnify or hold harmless, or acquire any license or right for the benefit of, or owe any
other obligation or have any liability to, the other Party or its Affiliates or Customers based
on or arising from any Third Party Claim alleging or asserting that the provision or use of
any service, facility, arrangement, or softrare 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 PARry HAS MADE, AND THAT THERE DOES NOT EXIST,
ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE USE BY EACH PARTY OF THE
OTHER'S SERVICES PROV]DED UNDER THIS AGREEMENT SHALL NOT GIVE RISE
TO A CLAIM OF INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY
INTELLECTUAL PROPERry RIGHT.
22.4 Carrier 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 Carrier, directly or through a third party,
of any such terms, conditions or restrictions that may limit any Carrier use of a Service
provided by Frontier that is otherwise permitted by this Agreement. At Carrier'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 Carrier 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. Carrier 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.
24. Law Enforcement
24.1 Each Pafty may cooperate with law enforcement authorities and nationalsecurity
authorities to the full extent required or permitted by Applicable Law in matters related to
Services provided by it under this Agreement, including, but not limited to, the production
of records, the establishment of new lines or the installation of new services on an existing
line in order to support law enforcement and/or national security operations, and, the
installation of wiretaps, trap-and-trace facilities and equipment, and dialed number
recording facilities and equipment.
24.2 A Party shall not have the obligation to inform the other Party or the Customers of the
other Party of actions taken in cooperating with law enforcement or national security
authorities, except to the extent required by Applicable Law.
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25.
24.3 Where a law enforcement or national security request relates to the establishment of lines
(including, but not limited to, lines established to support interception of communications
on other lines), or the installation of other services, facilities or arrangements, a Party may
act to prevent the other Party from obtaining access to information concerning such lines,
services, facilities and arrangements, through operations support system interfaces.
Limitation of 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, regardless of the form of a claim or action, whether statutory, in
contract, warranty, strict liability, or tort, including (without limitation) negligence of any
kind, occurring in the course of the provision of any Services under this Agreement.
25.2 Except as othenryise stated in Section 25.4,[he liability, if any, of a Party, a Party's
parents, subsidiaries, Affiliates, agents, servants, and the directors, officers and
employees of a Party and a Party's Affiliates, to the other Party, the other Party's
Customers, and to any other person, for Claims arising out of a Service Failure shall not
exceed an amount equal to the pro rata applicable monthly charge for the Services that
are subject to the Service Failure for the period in which such Service Failure occurs,
25.3 EXCEPTAS OTHERWSE STATED IN SECTIONS2S.ZAND 25.4, NEITHER PARTY
WILL BE LIABLE TO THE OTHER IN CONNECTION WITH THE PROVISION OR USE
oF SERVTCES PROVIDED UNDER THIS AGREEMENT (INCLUDING, BUT NOT
LIMITED TO, IN CONNECTION WITH A SERVICE FAILURE OR ANY BREACH, DELAY
oR FATLURE tN PERFORMANCE OF THIS AGREEMENT). NETTHER PARTY W|LL BE
LIABLE TO THE OTHER FORANY LOSS, COST, CI.A!M, INJURY, LIABILITY OR
EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, REISTING TO ORARISING
OUT OF ANY ORDINARY NEGLIGENT ACT OR OMISSION BY A PARTY. IN NO EVENT
WLL EITHER PARTY BE LIABLE TO THE OTHER FORANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPI.ARY, PUNITIVE, OR LIKE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, INCOME OR
REVENUE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, WHETHER SUCH
DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY AND
WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOTAT THE TIME THIS
AGREEMENT WAS EXECUTED.
25.4 Nothing contained in Sections 25.1 through 25.4 shallexclude or limit liability
25.4.1 under Sections 20, lndemnification, or43, Taxes.
25.4.2 for any obligation to indemnify, defend and/or hold harmless that a Party may
have under this Agreement.
25.4.3 for damages arising out of or resulting from bodily injury to or death of any
person, or damage to, or destruction or loss of, tangible real and/or personal
property of any person, or Toxic or Hazardous Substances, to the extent such
damages are otherwise recoverable under Applicable Law;
25.4.4 for a claim for infringement of any patent, copyright, trade name, trade mark,
service mark, or other intellectual property interest;
25.4.5 under Section 258 of the Act or any order of FCC or the Commission
implementing Section 258; or
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25.4.6 under the financial incentive or remedy provisions of any service quality plan
required by the FCC or the Commission.
25.5 ln the event that the liability of a Party, a Party's parents, subsidiaries, Affiliates, agents,
servants, 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.
25.6 Each Party shall, in its tariffs and other contracts with its Customers, provide that in no
case shall either Party, its parents, subsidiaries, Affiliates, agents, servants, 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.
25.7 No liability shall attach to either Party, its parents, subsidiaries, Affiliates, agents, servants
or the directors, officers or employees of the other Party for damages arising from errors,
mistakes, omissions, interruptions, or delays in the course of establishing, furnishing,
rearranging, moving, termination, changing, or providing or failing to provide services or
facilities (including the obtaining or furnishing of information with respect thereof or with
respect to users of the services or facilities) in the absence of gross negligence or willful
misconduct.
26. INTENTIONALLY LEFT BLANK
27. Network Management
27.1 Cooperation. The Parties will work cooperatively in a commercially reasonable manner to
install and maintain a reliable network. Carrier and Frontier will exchange appropriate
information (e.9., network information, maintenance contact numbers, escalation
procedures, and information required to comply with requirements of law enforcement and
national security agencies) to achieve this desired reliability. ln addition, the Parties will
work cooperatively in a commercially reasonable manner to apply sound network
management principles to alleviate or to prevent traffic congestion and subject to Section
17, to minimize fraud associated with third number billed calls, calling card calls, and other
services related to this Agreement.
27.2 Responsibilitv 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.
27.3 lnterference or lmpairment. lf a Party ('lmpaired Party") reasonably determines that the
services, network, facilities, or methods of operation, of the other Party ("lnterfering Party")
will or are likely to interfere with or impair the lmpaired Party's provision of services or the
operation of the lmpaired Party's network or facilities, the lmpaired Party may interrupt or
suspend any Service provided to the lnterfering Party to the extent necessary to prevent
such interference or impairment, subject to the following:
27.3.1 Except in emergency situations (e.9., situations involving a risk of bodily injury
to persons or damage to tangible property, or an interruption in Customer
service) or as otherwise provided in this Agreement, the lmpaired Party shall
have given the lnterfering Party at least ten (10) days' prior written notice of the
interference or impairment or potential interference or impairment and the need
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to correct the condition within said time period; and take other actions, if any,
required by Applicable Law; and,
27.3.2 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.
Outaqe Repair Standard. ln the event of an outage or trouble in any Service being
provided by a Party hereunder, the Providing Party will follow Frontier's standard
procedures for isolating and clearing the outage or trouble. For additional information, go
to https://wholesale.frontier.com/wholesale/ under Systems and Online Tools, then
Trouble Administration.
27.5 Testinq and Trouble Resoonsibilities. The Parties agree to
27.5.1 Cooperatively plan and implement coordinated repair procedures for the local
lnterconnection trunks and facilities to ensure trouble reports are resolved in a
timely and appropriate manner.
27.5.2 Provide trained personnelwith adequate and compatible test equipment to work
with each other's technicians.
27.5.3 Promptly notify each other when there is any change affecting the service
requested, including the date service is to be started.
27.5.4 Coordinate and schedule testing activities of their own personnel, and others as
applicable, to ensure its lnterconnection trunks/trunk groups are installed per
the lnterconnection order, meet agreed upon acceptance test requirements,
and are placed in service by the due date.
27.5.5 Perform sectionalization to determine if a trouble condition is located in its
facility or its portion of the lnterconnection trunks prior to referring any trouble to
each other.
27.5.6 Provide each other with a trouble reporting number to a work center that is
staffed 24 hours a day,7 days a week.
27.5.7 Based on the trunking architecture, provide for mutual tests for system
assurance for the proper recording of AMA records in each company's switch.
These tests are repeatable on demand by either Party upon reasonable notice.
27.5.8 A maintenance service charge applies whenever either Party requests the
dispatch of the other Party's personnel for the purpose of performing
maintenance activity on the lnterconnection trunks, and any of the following
conditions exist:
27.5.8.1 No trouble is found in the lnterconnection trunks; or
27.5.8.2 The trouble condition results from equipment, facilities or systems
not provided by the Party whose personnel were dispatched; or
27.5.8.3 Trouble clearance did not otherwise require a dispatch, and upon
dispatch requested for repair verification, the lnterconnection trunk
does not exceed maintenance limits.
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27.4
27.5.8.4 lf a maintenance service charge has been applied and trouble is
subsequently found in the facilities of the Party whose personnel
were dispatched, the charge will be canceled.
27.5.8.5 Billing for maintenance service is based on Frontier's respective
tariff.
28. Non-Exclusive Remedies
Except as otherwise expressly provided in this Agreement, each of the remedies provided under
this Agreement is cumulative and is in addition to any other remedies that may be available under
this Agreement or at law or in equity.
29. 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.
30. Notices
30.1 Except as otherwise provided in this Agreement, notices given by one Party to the other
Party under this Agreement:
30.1.1 shall be in writing;
30.1.2 shall be delivered (a) personally, (b) by express delivery service with next
Business Day delivery, (c) by first class, certified or registered U.S. mail,
postage prepaid, or (d) by electronic mail, with a copy delivered in accordance
with (a), (b) or (c), preceding; and
30.1.3 shall be delivered to the following addresses of the Parties:
To Carrier:
Julie Oost
Peerless Network of lllinois, LLC
222 South Riverside Plaza, Suite 1900
Chicago, lllinois 60606
To Frontier:
Contract Management
Frontier Communications
7979 N. Belt Line Road, MC: 51C74
lrving, TX 75063
Email Address: [e-mail]
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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 the notice is sent via First Class U.S. Mail, three (3) Business Days after mailing,
(d) where notice is sent via certified or registered U.S. mail, the date of receipt shown on
the Postal Seruice receipt, and (e) 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 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.
Carrier shall notify Frontier, by written notice pursuant to this Section 30, of any changes
in the addresses or other Carrier contact information identified under Section 30.1.3
above.
31. Ordering and Maintenance
Carrier shall use Frontier's electronic Operations Support System access platforms to submit
Orders and requests for maintenance and repair of Services, and to engage in other pre-ordering,
ordering, provisioning, maintenance and repair transactions. lf Frontier has not yet deployed an
electronic capability for Carrier to perform a pre-ordering, ordering, provisioning, maintenance or
repair, transaction offered by Frontier, Carrier 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).
32. Performance Standards
32.1 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.
32.2 Carrier shall provide Services under this Agreement in accordance with the performance
standards required by Applicable Law.
33. Point of Gontact for Carrier Customers
33.1 Carrier shall establish telephone numbers and mailing addresses at which Carrier
Customers may communicate with Carrier and shall advise Carrier Customers of these
telephone numbers and mailing addresses.
33.2 Except as otherwise agreed to by Frontier, Frontier shall have no obligation, and may
decline, to accept a communication from a Carrier Customer, including, but not limited to,
a Carrier Customer request for repair or maintenance of a Frontier Service provided to
Carrier.
34.Predecessor Ag reements
34.1 Except as stated in Section 34.2 or as otherwise agreed in writing by the Parties:
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34.1.1 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
34.1.2 any Services that were purchased by one Party from the other Party under a
prior interconnection or resale agreement between the Parties for the state of
ldaho pursuant to Section 252 of lhe Act and in effect prior to the Effective
Date, shall as of the Effective Date be subject to and purchased under this
Agreement.
34.2 Except as otherwise agreed in writing by the Parties, if a Service purchased by a Party
under a prior interconnection or resale agreement between the Parties pursuant to Section
252 ol lhe 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.
34.3 lf either Party elects to cancel the commitment pursuant to the proviso in Section 34.2,ihe
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.
35. Publicity and Use of Trademarks or Seruice Marks
35.1 A Party, its Affiliates, and their respective contractors and Agents, shall not use the other
Party's trademarks, service marks, logos or other proprietary trade dress, in connection
with the sale of products or services, or in any advertising, press releases, publicity
matters or other promotional materials, unless the other Party has given its written consent
for such use, which consent the other Party may grant or withhold in its sole discretion.
35.2 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.
35.3 Any violation of this Section 35 shall be considered a material breach of this Agreement.
36. References
All references to Sections, Appendices and Exhibits shall be deemed to be references to
Sections, Appendices and Exhibits of this Agreement unless the context shall otherwise
require.
Unless the context shall otherwise require, any reference to a Tariff, agreement, technical
or other document (including Frontier or third party guides, practices or handbooks), or
provision of Applicable Law, is to such Tariff, agreement, document, or provision of
Applicable Law, as amended and supplemented from time to time (and, in the case of a
Tariff or provision of Applicable Law, to any successor Tariff or provision).
37. Relationship of the Parties
36.1
36.2
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37.1 The relationship of the Parties under this Agreement shall be that of independent
contractors, and not as the agent, employee, or servant of the other Party, and nothing
herein shall be construed as creating any other relationship between the Parties.
37.2 Nothing contained in this Agreement shall make either Party nor any personnelfumished
by such Party the employee or agent 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. Neither Party may be entitled to any benefits available
under any plans for such other Party's employees.
37.3 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 othenvise expressly permifted by such other Party in writing, which
permission may be granted or withheld by the other Party in its sole discretion.
37.4 Each Party shall have sole authority and responsibility to hire, fire, compensate, supervise,
and otherwise control its employees, Agents and contractors as is consistent with and
necessary to preserve its independent contractor status. Each Party shall be solely
responsible for all matters relating to payment of its employees including compliance with
Social Security, withholding or other taxes that it is required by Applicable Law to pay in
conjunction with its employees, Agents and contractors, for withholding and remitting to
the applicable taxing authorities any taxes that it is required by Applicable Law to collect
from its employees, and for worker's compensation, disability and unemployment
insurance, and all other regulations governing such matters.
37.5 Except as otherwise expressly provided in this Agreement, no Party undertakes to perform
any obligation of the other Party, whether regulatory or contractual, or to assume any
responsibility for the management of the other Party's business.
37.6 The relationship of the Parties under this Agreement is a non-exclusive relationship
38. Reservation of Rights
38.1 Notwithstanding anything to the contrary in this Agreement, neither Party waives, and
each Party hereby expressly reserves, its rights: (a) to appeal or otherwise seek the
reversal of and changes in any arbitration decision associated with this Agreement; (b) to
challenge the lavvfulness 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.
38.2 Carrier acknowledges Carrier 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. Service to End User
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39.1 Carrier will be the End User of Record for all services purchased from Frontier. Except as
otherwise specified herein, Frontier will only take orders from, bill and expect payment
from Carrier for all services. Carrier will be Frontier's single point of contact for all services
purchased pursuant to this Agreement.
39.2 Subject to Section 33, Frontier will continue to bill the End User for any services that the
End User specifies it wishes to receive directly from Frontier.
39.3 Frontier maintains the right to actively market and serve directly any End User within
Frontier's serving area. Frontier will continue to directly market its own
telecommunications products and services and in doing so may establish independent
relationships with End Users of Carrier.
39.4 Service is furnished subject to the condition that it will not be used for any unlaMul
purpose. Frontier may refuse to provide service to Carrier when it has reasonable grounds
to believe that service will be used in violation of the law, including, but not limited to,
Section 24,
39.5 Subject to Section 24, service will be discontinued by Frontier if any law enforcement
agency advises that the service is being used in violation of the law.
39.6 Subject to Section 27, Fronlier may refuse to provide service to Carrier when it has
reasonable grounds to believe that service willjeopardize the reliability or efficiency of
Frontier's network or interferes with or prevents other persons from using their service, or
otherwise impairs the quality of service to other carriers or to End Users.
39.7 Subject to Section 31, Carrier will be the single point of contact with Frontier for all
subsequent ordering activity resulting in additions or changes to services except that
Frontier will accept a request directly from the End User for conversion of the End Use/s
service from Carrier to Frontier or will accept a request from another carrier for conversion
of the End User's service from the Carrier to the other carrier.
40. 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.
41. 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.
42. Survival
The rights, liabilities and obligations of a Party for acts or omissions occurring prior to the
expiration, cancellation or termination of this Agreement, the rights, liabilities and obligations of a
Party under any provision of this Agreement regarding confidential information (including but not
limited to, Section 10), indemnification or defense (including, but not limited to, Section 20), or
limitation or exclusion of liability (including, but not limited to, Section 25), and the rights, liabilities
and obligations of a Party under any provision of this Agreement which by its terms or nature is
intended to continue beyond or to be performed after the expiration, cancellation or termination of
this Agreement, shall survive the expiration, cancellation or termination of this Agreement.
43. Taxes
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43.1 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.
43.2 Taxes lmposed on the Providinq Partv or Receipts. Wth respect to any purchase of
Services under this Agreement, if any federal, state or local Tax is imposed by Applicable
Law on the receipts of the Providing Party, and such Applicable Law permits the Providing
Party to exclude certain receipts received from sales to a public utility, distributor,
telephone company, local exchange carrier, telecommunications company or other
communications company ('Telecommunications Company"), such exclusion being based
on the fact that the Purchasing Party is also subject to a tax based upon receipts
("Receipts Tax"), then the Purchasing Party shall pay and remit the Receipts Tax as
required by Applicable Law.
43.3 Taxes lmposed on Subscriber. With respect to any purchase of Services under this
Agreement that are resold to a third party, if any federal, state or local Tax is imposed by
Applicable Law on the subscriber, end-user, customer or ultimate consumer ('Subscribe/')
in connection with any such purchase, which a Telecommunications Company is required
to impose and/or collect from a Subscriber, or if any federal, state or local Tax is imposed
on the Providing Party and required by Applicable Law to be passed through to the
Subscriber, then the Purchasing Party (a) shall impose and/or collect such Tax from the
Subscriber and (b) shall timely remit such Tax to the applicable taxing authority.
43.4 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 43.7. 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.
Liability for Uncollected Tax, lnterest and Penalty.
43.5.1 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 43.1, then, as between the Providing Party and
the Purchasing Party, (a) the Purchasing Party shall remain liable for such
unbilled Tax and any interest assessed thereon and (b) the Providing Party
shall be liable for any penalty assessed with respect to such unbilled Tax by a
taxing authority.
43.5.2 lf the Providing Party properly bills the Purchasing Party for any Tax but the
Purchasing Party fails to remit such Tax to the Providing Party as required by
Section 43.2, then, as between the Providing Party and the Purchasing Party,
the Purchasing Party shall be liable for such uncollected Tax and any interest
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43.5
assessed thereon, as well as any penalty assessed with respect to such
uncollected Tax by the applicable taxing authority.
43.5.3 lf the Providing Party does not collect any Tax as required by Section 43.1
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.
43.5.4 lf the Purchasing Party fails to pay the Receipts Tax as required by Section
43.2, 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.
43.5.5 lf the Purchasing Party fails to impose and/or collect any Tax from Subscribers
as required by Section 43.3, 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
indemnifo and hold the Providing Party harmless on an after-tax basis for any
costs incurred by the Providing Party as a result of actions taken by the
applicable taxing authority to recover the Tax from the Providing Party due to
the failure of the Purchasing Party to timely pay, or collect and timely remit,
such Tax to such authority.
Audit Cooperation. ln the event either Party is audited by a taxing authority, the other
Party agrees to cooperate fully with the Party being audited in order to respond to any
audit inquiries in a proper and timely manner so that the audit and/or any resulting
controversy may be resolved expeditiously.
Notices. All notices, affidavits, exemption-certificates or other communications required or
permitted to be given by either Party to the other, for purposes of this Section 43, 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 30 as well as to the following:
To Carrier:
Julie Oost
Peerless Network of lllinois, LLC
222 South Riverside Plaza, Suite 1900
Chicago, lllinois 60606
To Frontier:
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43.6
43.7
Frontier Communications
Tax Department
401 Merrift 7
Norwalk, CT 06851
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 shallbe deemed to be given when received.
4. 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 Carrier's ability to provide service using certain technologies. Nothing in
this Agreement shall limit Frontie/s ability to modifu its network through the incorporation of new
equipment or software or otherwise. Carrier shall be solely responsible for the cost and activities
associated with accommodating such changes in its own network.
45. Territory
45.1 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.
45.2 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 Carrier with at least 90 calendar days prior written notice of such
termination, which shall be effective upon the date specified in the notice.
46. Third Pafi Beneficiaries
Except as expressly set forth in this Agreement, this Agreement is for the sole benefit of the
Parties and their permitted assigns, and not for any other Person. Nothing herein shall create or
be construed to provide any Person not a Party to this Agreement (including, but not limited to,
any third party, End User of Carrier, Customers or contractors of a Party) with any remedy, claim,
liability, reimbursement, cause of action, or other rights (including, but not limited to, any third-
party beneficiary rights) in excess of those existing by reference in this Agreement. 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. Nothing herein contained shall be
construed as creating a partnership or joint venture by or between the Parties.
47. 252(i)Obligations
To the extent required by Applicable Law, each Party shall comply with Section 252(i) ot the Act.
To the extent that the exercise by Carrier of any rights it may have under Section 252(i) results in
the rearrangement of Services by Frontier, Carrier shall be solely liable for all costs associated
therewith, as well as for any termination charges associated with the termination of existing
Frontier Services.
48. 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.
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49. Waiver
49.1 No waiver of any provisions of this Agreement and no consent to any default under this
Agreement shall be effective unless the same shall be in writing and properly executed by
or on behalf of the Party against whom such waiver or consent is claimed.
49.2 No course of dealing or failure of any Party to strictly enforce any term, right, or condition
of this Agreement in any instance shall be construed as a general waiver or
relinquishment of such term, right or condition.
49.3 Waiver by either Party of any default by the other Party shall not be deemed a waiver of
any other default.
50. Disclaimer of Warranties
NOTWTHSTANDTNG ANY OTHER PROVISION OF TH|S AGREEMENT (tNCLUD|NG
WTHOUT LtM|TAT|ON THE PARTTES' RESPECTTVE tNDEMNtF|CATION OBLTGATTONS),
THE PARTIES AGREE THAT FRONTIER HAS NOT MADE, AND THAT THERE EXISTS, NO
WARRANTY, EXPRESS OR IMPLIED, THAT THE USE BY Carrier OF FACILITIES,
ARRANGEMENTS, OR SERVICES PROVIDED BY Frontier UNDER THIS AGREEMENT WLL
NOT GIVE RISE TO A CLAIM BY ANY THIRD PARTY OF INFRINGEMENT, MISUSE, OR
MISAPPROPRIATION OF ANY INTELLECTUAL PROPERW RIGHT OF SUCH THIRD PARTY
51. Withdrawal of Services
51.1 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 Carrier.
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Dodrsign Envelope lD: 3B739EE&5CA6-4881-851 E-FABC8E927g0E
SIGNATURE PAGE
lN WTNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
Effective Date.
PEERLESS NETWORKOF IDAHO, LLC
TiUe: EXECUTIVE VP, OPERATIONS
Date: 09/18/2019
FRONTIER COMMUNICATIONS NORTHWEST
tNc.
Printed: Michael Daniel
Title: SVP, CanierSales and SeMces
By:By:
Date:9:P:J9
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P@rbs, FC\{4/ FIt tAL p&ilassF ronileN orlhunst t da ho I CA conoretrnsiv,s4r*nwil -w26tg
Printed: SCOTT KELL
I
1
GLOSSARY
Genera! 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 deflned 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 Access Services.
A service that connects interexchange carriers to their End Users located within a local
access and transport area (LATA). Access service is used in originating and terminating
i ntralATfu interLATA toll telecommu n ications.
2.2 Access Service Request (ASR)
An industry standard form and supporting documentation, which contains data elements
and usage rules used by the Parties to add, establish, change or disconnect services or
trunks and to identify specific trunking and facilities for the purposes of interconnection.
2.3 Act.
The Telecommunications Act of 1934 (47 U.S.C. $151 et seq.), as amended from time to
time (including, but not limited to, by the Telecommunications Act of 1996).
2.4 Affiliate.
Shall have the meaning set forth in the Act.
Agent.
An agent or servant.
Agreement.
This Agreement, as defined in Section 1 of the General Terms and Conditions.
2.5
2.6
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2.
2.7 Ancillary Traffic.
All traffic that is destined for ancillary services, or that may have special billing
requirements, including but not limited to the following: directory assistance,
9-1-11E9-1-1, operator services (lntraLATA call completion), lntraLATA third party, collect
and calling card, 800/888 database query and LIDB.
2.8 Applicable Law.
All effective laws, government regulations and government orders, applicable to each
Party's performance of its obligations under this Agreement. For the avoidance of any
doubt, when used in relation to unbundled Network Elements or Combinations of
unbundled Network Elements, the term "Applicable Law" means the Federal Unbundling
Rules.
2.9 ATIS
The Alliance for Telecommunications lndustry Solutions.
2.10 Automatic Location ldentification (ALl) Database.
The emergency services (9-1-1/E9-1-1) database controlled by Frontier containing caller
address/location information including the carrier name, National Emergency Numbering
Administration ("NENA") lD, Call Back Number, and other carrier information used to
process caller location records.
2.11 Automatic Number ldentification (ANl)
The signaling parameter that refers to the number transmitted through the network
identifying the billing number of the calling party.
212 Bona Fide Request (BFR).
The process described in the Network Element Aftachment 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 Bridqed Tap Removal.
The physical act of "cutting off' part of the metallic facility along the cable route to remove
cable not in the direct electrical path. The original loop could have made multiple
appearances along the cable route and the service subscribed to by the End User may
have limited tolerances to total bridged-tap on a circuit.
2.14 Business Day.
Monday through Friday, except for holidays observed by Frontier
2.15 Cable Loadino.
The process of adding load coils to a metallic cable facility.
2.16 Cable Unloadinq.
The process of removing load coil(s) from a metallic cable facility
2.17 Calendar Quarter.
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January through March, April through June, July through September, or October through
December.
Calendar Year.
January through December.
CallBack Number.
A telephone number that can be used by the PSAP to re-contact the location from which
a 9-1-1/E9-1-1 Callwas 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.
2.20 CCS(CommonChannelSignaling).
A method of transmitting call set-up and network control data over a digital signaling
network separate from the public switched telephone network facilities that carry the
actual voice or data content of the call.
2.21 CentralOffice
An End Office or Tandem. Sometimes this term is used to refer to a telephone company
building in which switching systems and telephone equipment are installed.
2.22 Claims.
Any and allclaims, 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).
2.23 CLLICode.
Common Language Location ldentifier Codes.
2.24 Commission.
ldaho Public Utility Commission
2.25 Competitive Local Exchange Carrier (CLEC).
A telephone company certified by the Commission, to operate as a Local Exchange
Carrier in the territory in which Frontier operates as an ILEC in the state of llliois Carrier
is or shortly will become a CLEC.
2.26 Conditionino.
Conditioning of an unbundled local loop includes, without limitation, cable unloading,
cable loading, bridged tap removal, or any combination of these.
2.27 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.
2.28 Calling Party Number CPN.
A CCS parameter that identifies the calling party's telephone number.
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2.18
2.19
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.
C ustomer P rop rietary Network I nformation (C PN I ).
Shall have the meaning set forth in Section 222 of the Act, 47 U.S.C. S 222.
Dark Fiber Transport.
An optical transmission facility, within a [-ATA, that Frontier has not activated by attaching
multiplexing, aggregation or other electronics, between Frontier switches (as identified in
the LERG) or UNE Wire Centers.
2.33 DedicatedTransport.
A DS0-, DS1-, or DS3-capacity transmission facility between Frontier switches (as
identified in the LERG) or UNE Wire Centers, within a [ATA, 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 \Mre Centers.
2.34 Designated PSAP
The primary PSAP designated by the Controlling 9-1-1 Authority to receive a
9-1-1/89-1-1 Callbased upon the geographic location of the end user.
2.35 DigitalLoop Carrier (DLC).
A system that enables multiple End Users to share a single digital transmission line
running between a remotely located multiplexing unit and a centraloffice.
2.36 DiscontinuedFacility
Any facility, element, arrangement or the like that the Federal Unbundling Rules do not
require Frontier to provide on an unbundled basis to Carrier, 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.
2.37 DigitalSignal Level0 (DS0).
The 64 Kilobits per second (kbps) zero-level signal in the time-division multiplex
hierarchy.
2.38 DigitalSignal Level 1 (DS1).
The 1.544 Megabits per second (Mbps) first-level signal in the time-division multiplex
hierarchy.
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2.31
2.32
2.39 DSI Dedicated Transport.
Dedicated Transport having a total digital signal speed of 1.544 Mbps.
2.40 DigitalSignalLevel3(DS3).
fhe 44.736 Mbps third-level signal in the time-division multiplex hierarchy
2.41 DS3 Dedicated Transport.
Dedicated Transport having a total digital signal speed of 44.736 Mbps.
2.42 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.
2.43 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.
2.44 End User
The ultimate user or consumer of the telecommunications services being sold or resold
by either Party.
2.45 End User Location.
The physical location of the premises where an End User makes use of the
telecommunications services.
2.46 End User of Record
The entity responsible for placing orders or requests for service; requesting additions,
rearrangements, maintenance or discontinuance of service, and making payment in full of
charges incurred such as toll, directory assistance, etc.
2.47 EnhancedServices.
Refers to services, offered over common carrier transmission facilities, which employ
computer processing applications that act on the format, content, code, protocol or similar
aspects of the subscriber's transmitted information; provide the subscriber additional,
different, or restructured information; or involve subscriber interaction with stored
information. ln addition, and without limiting the foregoing, internet, information services,
voicemail, and so-called 'chat line" services are Enhanced Services, of which the voice or
TDM component both originates and terminates within the local calling area as defined by
Frontier's tariffs. lf the voice or TDM component does not both originate and terminate
within such local calling area, the traffic shall not be covered by this Agreement and shall
be subject to interstate or intrastate access tariffs depending on the geographic points of
voice or TDM origination and termination.
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2.48 Exchange Access.
Shall have the meaning set forth in the Act.
2.49 Exchange Message lnterface (EMl).
Standard used for the interexchange of telecommunications message information
between telecommunications providers 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 ATIS/OBF-EMl-016, an Alliance Telecommunications lndustry Solutions
(ATIS) document, which defines industry standards for exchange message records. SR-
320 published by ATIS.
2.50 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.
2.51 FCC
The Federal Communications Commission
2.52 FCC lnternet Orders.
The following FCC orders: (a) Order on Remand and Report and Order, ln the Matter of
lmplementation of the Local Competition Provisions in the Telecommunications Act of
1996, lntercarrier Compensation for ISP Bound Traffic, FCC 01-131 , CC Docket Nos. 96-
98 and 99-68, 16 FCC Rcd 9151 (adopted April 18, 2001) (hereinafter the "April 18, 2001
FCC lnternet Orde/'); and, (b) Order on Remand and Report and Order and Further
Notice of Proposed Rulemaking, ln the Mafter of High-Cost UniversalService Support;
Federal-State Joint Board on UniversalServrbe; Lifeline and Link Up; Universal Seruice
Contribution Methodology; Numbeing Resource Optimization; lmplementation of the
Local Competition Provisions in the Telecommunications Act of 1996; Developing a
Unified lntercarier Compensation Regime; lntercarrier Compensation for ISP-Bound
Traffic; lP-Enabled Servrbes, FCC 08-262, CC Docket Nos. 9645, 96-98, 99-68, 99-200,
01-92, WC Docket Nos. 03-109, 04-36, 05-337, 06-122 (adopted November 5, 2008)
(hereinafter the "November 5, 2008 FCC lnternet Orde/').
2.53 FCC Regulations.
The unstayed, effective regulations promulgated by the FCC, as amended from time to
time.
2.54 Federal Unbundling Rules.
Any lawful requirement to provide access to unbundled Network Elements or
Combinations of unbundled Network Elements that is imposed upon Frontier by the FCC
pursuant to both 47 U.S.C. $ 251(c)(3) and 47 C.F.R. Part 51. Any reference in this
Agreement to "Federal Unbundling Rules" shall not include an unbundling requirement if
the unbundling requirement does not exist under both 47 U.S.C. $ 251(c)(3) and 47
C.F.R. Part 51.
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2.55 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.
2.56 FNID (Fiber Network lnterface Device)
A passive fiber optic demarcation unit designed for the interconnection and demarcation
of optical fibers between two separate network providers.
2.57 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
(MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether dark or
lit, that extends from the main distribution frame (or its equivalent) in the End Office that
serves the multiunit premises: (a) to or beyond the multiunit premises' minimum point of
entry (MPOE), as defined in 47 C.F.R. $ 68.105; 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.
2.57 lnterconnected VolP Provider
A provider authorized by the FCC to provide lnterconnected VolP service as defined by
47 CFR 9.3.
2.58 lnterconnected VolP Provider Traffic.
Any traffic from an lnterconnected VolP Provider on a Carrier trunk group shall be
considered Carrier traffic for the purposes of this agreement.
2.59 Hybrid Loop
A Loop composed of both fiber optic cable and copper wire or cable. An FTTP Loop is
not a Hybrid Loop.
2.60 IDLC (lntegrated DigitalLoop 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.
2.61 ILEC (lncumbent Local Exchange Carrier).
Shall have the meaning set forth in the Act.
2.62 lnformationAccess.
The provision of specialized exchange telecommunications services in connection with
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the origination, termination, transmission, switching, forwarding or routing of
telecommunications traffic to or from the facilities of a provider of information services,
including a provider of lnternet access or lnternet transmission services.
2.63 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.
Shall have the meaning set forth in the Act.
2.65 lnterconnection Wire Center.
A building or portion thereof which serves as the premises for one or more End Offices,
Tandems and related facilities.
2.66 lnternet Service Provider (lSP) Bound Traffic
Traffic delivered by a local exchange carrier, indirectly or directly, to a provider of lnternet
Services, of which the voice or TDM component both originates and terminates within the
local calling area as defined by Frontieds tariffs. lf the voice or TDM component does not
both originate and terminate within such local calling area, the traffic shall not be covered
by this Agreement and shall be subject to interstate or intrastate access tariffs depending
on the geographic points of voice or TDM origination and termination.
2.67 lnternet Traffic.
Any traffic that is transmitted to or returned from the lnternet at any point during the
duration of the transmission.
2.68 lnterLATA.
Shall have the meaning set forth in the Act.
2.69 lntraLATA.
Telecommunications that originate and terminate within the same LATA.
2.70 lntegrated Services Digital Network (ISDN)
A switched network service providing end-to'end digital connectivity for the simultaneous
transmission of voice and data. Basic Rate lnterface-ISDN (BRI-ISDN) provides for
digital transmission of two (2) 64 kbps bearer channels and one (1) 16 kbps data and
signaling channel (2B+D). Primary Rate lnterface-ISDN (PRI-ISDN) provides for digital
transmission of twenty-three (23) 64 kbps bearer channels and one (1) 64 kbps data and
signaling channel (23B+D).
2.71 lnterexchange Carrier (lXC).
A Telecommunications Carrier that provides, directly or indirectly, lnterLATA or lntraLATA
Telephone Toll Services.
2.72 LIDB (Line lnformation Data Base)
Line lnformation databases which provide, among other things, calling card validation
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2.64 lnterconnection.
functionality for telephone line number cards issued by Frontier and other entities and
validation data for collect and third number-billed calls (e.9., data for billed number
screening).
2.73 LocalAccess and Transport Area (LATA).
Shall have the meaning set forth in the Act.
2.74 Local Exchange Carrier (LEC).
Shall have the meaning set forth in the Act.
2.75 Local Exchange Routing Guide (LERG).
A Telcordia Technologies reference document used by carriers to identify NPA/NXX
routing and homing information as well as network element and equipment designations.
2.76 Local Service Provider Guide (the "Guide")
The document provided to Carrier by Frontier, included by reference herein, which
outlines the process and procedures for ordering and maintaining carrier services. This
document may be updated from time to time by Frontier. This document is to be used as
reference only and is not a part of this agreement.
2.77 Local Service Request (LSR)
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 LocalTraffic.
Refers to calls originated by one Party's End Users and terminated to the other Party's
End Users within the local exchange area or extended area service toll-free calling area
as defined in Frontier's tariffs. Local calls must be actually originated by and actually
terminated to parties physically located within the same localcalling area regardless of
the NXX assigned to the calling and called parties.
2.79 Loop.
A transmission path that extends from a Main Distribution Frame or functionally
comparable piece of equipment in a Customer's serving End Office, to the Rate
Demarcation Point (or NID if installed at the Rate Demarcation Point) in or at the
Customer's premises. The actualtransmission facilities used to provide a Loop may
utilize any of several technologies.
2.80 Main Distribution Frame (MDF)
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 terminals of a switching system.
2.81 MaintenanceControlOffice
Either Party's center responsible for control of the maintenance and repair of a circuit.
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2.82 Manhole.
An underground enclosure where conduit(s) are terminated and which provides ready
access to conduit system.
2.83 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 Aftachment) does
not constitute Measured lnternet Traffic.
2.84 Mobile Wireless Services.
Any mobile wireless Telecommunications Service, including any commercial mobile radio
service.
2.85 Multiple Exchange Carrier Access Billing (MECAB).
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.
2.86 Multiple Exchange Carriers Ordering and Design (MECOD) Guidelines for Access
Services - lndustry Support lnterface).
A document developed by the Ordering/Provisioning Commiftee under the auspices of
the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier
Liaison Committee (CLC) of ATIS. The MECOD document, published by ATIS as
'ATIS/OBF-MECOD', as revised from time to time, establishes methods for processing
orders for Exchange Access Service that is to be provided by two or more LECs.
2.87 Network Element.
Shall have the meaning stated in the Act.
2.88 Network lnterface Device (NlD).
The NID contains an FCC Part 68 registered jack from which lnside Wire at the End User
location may be connected to Frontier's network.
2.89 North American Numbering Plan (NANP).
The system of telephone numbering employed in the United States, Canada, Bermuda,
Puerto Rico and certain Caribbean islands. The NANP format is a 1O-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.
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2.90 9-1-1/E9-1-1 Call(s)
Call(s) made by the Carrier end user by dialing the 3-digit telephone number "9-1-1" to
facilitate the reporting of an emergency requiring response by a public safety agency.
2.91 9-1-1/E9-1-1 ServiceProvider
An entity authorized to provide 9-1-1/E9-1-1 network and database services within a
particular jurisdiction.
2.92 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.
2.93 Numbering Plan Area (NPA).
Also sometimes referred to as an area code, is the first 3-digit indicator of each 1O-digit
telephone number within the NANP. There are two general categories of NPA,
"Geographic NPAs" and "Non-Geographic NPAs". A Geographic NPA is associated with
a defined geographic area, and alltelephone 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.
2,94 NPA/NXX.
The NPA followed by the NXX (i.e., the first six digits of a ten-digit telephone number).
2.95 NXX, NXX Code, or Central Office Code
The 3-digit switch entity indicator (i.e., the first three digits of a seven-digit telephone
number).
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).
2.97 Originating Switched Access Detail Usage Data.
A category 1 101XX record as defined in the EMI Telcordia Practice BR-010-200-010
Other Carriers2.98
Any person, corporation, or other legal entity other than Carrier herein, to whom Frontier
has extended or hereafter shall extend an authorization to occupy its Central Office(s) or
conduit system(s).
2.99 Percent lnterstate Usage (PlU)
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
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2.96 Order.
Use {excluding Measured lnternet Traffic Total Minutes of Use} + {lnterstate Traffic Total
Minutes of Use + lntrastate Traffic Total Minutes of Use)l x 100).
2.100 Percent Local Usage (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) + ilntrastate Traffic Total Minutes of Use
+ Measured lnternet Traffic Total Minutes of Use)l x 100).
2.101 Point of lnterconnection (POl)
The physical location where the Parties' respective facilities physically interconnect for
the purpose of mutually exchanging their trafiic. 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 \Mre Center or Frontier End Office lnterconnection Wire Center
but, notwithstanding any other provision of this Agreement or otherwise, would not
include a Carrier lnterconnection Wire Center, Carrier switch or any portion of a transport
facility provided by Frontier to Carrier or another party between (x) a Frontier
lnterconnection Wire Center or switch and (y) the lnterconnection \Mre Center or switch
of Carrier or another party.
2.102 Primary Reference Source.
Equipment that provides a timing signal to synchronize network elements.
2.103 Principal Document.
This document, including, but not limited to, the Title Page, the Table of Contents, the
Preface, the GeneralTerms and Conditions, the signature page, this Glossary, the
Attachments, and the Appendices to the Aftachments.
2.104 Providing Party
A Party offering or providing a Service to the other Party under this Agreement.
2.105 PSAP
Public Safety Answering Point.
2.106 Purchasing Party
A Party requesting or receiving a Service from the other Party under this Agreement.
2.107 Qualifying UNE.
An unbundled Network Element or a combination of unbundled Network Elements
obtained, pursuant to the Federal Unbundling Rules, under this Agreement or a Frontier
UNE Tariff.
2.108 Qualifying Wholesale Services
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Wholesale services obtained from Frontier under a Frontier access Tariff or a separate
wholesale agreement.
2.109 Rate CenterArea.
The geographic area that has been identified by a given LEC as being associated with a
particular NPA-NXX code assigned to the LEC for its provision of Telephone Exchange
Services. The Rate Center Area is the exclusive geographic area that the LEC has
identified as the area within which it will provide Telephone Exchange Services bearing
the particular NPA-NXX designation associated with the specific Rate Center Area.
2.110 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".
2.111 Rate Demarcation Point.
The physical point in a Frontier provided network facility at which Frontier's responsibility
for maintaining that network facility ends and the Customer's responsibility for maintaining
the remainder of the facility begins, as set forth in this Agreement, Frontie/s applicable
Tariffs, if any, or as otherwise prescribed under Applicable Law.
2.112 Reciprocal Compensation.
The arrangement for recovering, in accordance with Section 251(b)(5) of the Act, the
FCC lnternet Orders, applicable FCC orders/FCC Regulations and the USF/ICC
Transformation Order, 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).
2.113 Reciprocal Compensation Traffic.
Telecommunications traffic originated by a Customer of one Party on that Party's network
and terminated to a Customer of the other Party on that other Party's network, except for
Telecommunications traffic that is interstate or intrastate Exchange Access, lnformation
Access, or exchange services for Exchange Access or lnformation Access. The
determination of whether Telecommunications traffic is Exchange Access or lnformation
Access shall be based upon Frontier's local calling areas as defined by Frontier.
Reciprocal Compensation Traffic does not include the following traffic (it being
understood that certain traffic types will fall into more than one (1) of the categories below
that do not constitute Reciprocal Compensation Traffic): (1) any lnternet Traffic; (2) traffic
that does not originate and terminate within the same Frontier local calling area as
defined by Frontier, and based on the actual originating and terminating points of the
complete end-to-end communication; (3) TollTraffic, including, but not limited to, calls
originated on a 1+ presubscription basis, or on a casual dialed (10XX)U101)fiXX) 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)Transit Service; (7) Voice lnformation Service Traffic (as defined in Section 4 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
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Calling Scope Arrangement.
2.114 Routing Point.
A specific geographic point identified by a specific V&H coordinate. The Routing Point is
used to route inbound traffic to specified NPA-NXXs. The Routing Point must be located
within the LATA in which the corresponding NPA-NXX is located. However, the Routing
Point associated with each NPA-NXX need not be the same as the corresponding Rate
Center Point, nor must it be located within the corresponding Rate Center Area, nor must
there be a unique and separate Routing Point corresponding to each unique and
separate Rate Center Area.
2.115 Service.
Any lnterconnection arrangement, Network Element, Telecommunications Service,
collocation arrangement, or other service, facility or arrangement, offered by a Party
under this Agreement.
2.116 Space
2.117
For the purposes of this agreement Space shall refer to either partitioned (caged) or
unpartitioned space (cageless), unless specified othenarise and mutually agreed upon.
An enclosed secure area, designated by Frontier within a Frontier Central Office, of a
size and dimension specified by the Carrier and agreed to by Frontier. Partitioned Space
is subject to a minimum size requirement of one- hundred (100) square feet of assignable
space or such lesser amount agreed to by both parties. Frontier shall design and
construct at Carrier's expense, subject to Carrier's pre-approval of the price, a cage or
room to establish a clear division between Frontie/s and Carrier's area, and for purposes
of securing the space for the Carrier's equipment. Un-partitioned space will have a
minimum size of one equipment bay, which shall be deemed the equivalent of 15 sq. feet.
SS7 (Signaling System 7).
The common channelout-of-band signaling protocoldeveloped by the Consultative
Commiftee for lnternational Telephone and Telegraph (CCITT) and the American
National Standards lnstitute (ANSI). Frontier and Carrier utilize this out-of-band signaling
protocol in relation to their routing and completion of traffic.
2.118 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).
2.119 Switched Exchange Access Service.
The offering of transmission and switching services for the purpose of the origination or
termination of Toll Traffic. Switched Exchange Access Services include but may not be
limited to: Feature Group A, Feature Group B, Feature Group D, 700 access, 800 access,
888 access and 900 access.
2.120 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
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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.
2.121 Tariff
2.121.1Any applicable Federal or state tariff of a Party, as amended from time to time; or
2.121.2 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.
2.122 Telcordia Technologies.
Telcordia Technologies, lnc., formerly known as Bell Communications Research, lnc.
(Bellcore).
2.123 Telecommunications Carrier.
Shall have the meaning set forth in the Act.
2.124 Telecommunications Services.
Shall have the meaning set forth in the Act.
2.125 Telephone Exchange Service.
Shall have the meaning set forth in the Act.
2.126 Terminating Switched Access Detail Usage Data
A category 1101XX record as defined in the EMI Telcordia Practice BR-O10-200-010.
2.127 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.
2.128 TollTraffic.
Traffic that is originated by a Customer of one Party on that Party's network and
terminates to a Customer of the other Party on that other Party's network and is not
Reciprocal Compensation Traffic, Measured lnternet Traffic, or Ancillary Traffic. Toll
Traffic may be either "lntraLATA Toll Traffic" or "lnterLATA Toll Traffic", depending on
whether the originating and terminating points are within the same LATA.
2.129 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
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Emergency Planning and Community Right-to-Know Act, the Water Pollution Control Act,
the Air Pollution ControlAct, the Toxic Substances ControlAct, 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.
2.130 Transit Service.
The delivery of certain traffic between Carrier and a third party ILEC, CLEC or CMRS
provider by Frontier through Frontier's tandem. The following traffic types will be
delivered: (l) Local Traffic originated from Carrier to such third-party and (ii) Local Traffic
originated from such third-party to Frontier's tandem and terminated to Carrier. Transit
Service is only provided where Frontier has a tandem.
2.131 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.
2.132 Trunk Side.
A Central Office Switch connection that is capable of, and has been programmed to treat
the circuit as, connecting to another switching entity, for example, to another carrier's
network. Trunk side connections offer those transmission and signaling features
appropriate for the connection of switching entities and cannot be used for the direct
connection of ordinary telephone station sets.
2.133 Unbundled LocalLoop.
The transmission path from Frontier MDF, or its equivalent, up to and including the
Frontier Network lnterface Device (NlD) at End User premises.
2.134 Universal Digital Loop Carrier (UDLC).
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.
2.135 UNE Wire Center,
Shall have the same meaning as "Wire Cented' set forth in 47 C.F.R. S 51.5.
2.136 V&H Coordinate
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.
2.137 Voice Grade.
Either an analog signal of 300 to 3000 Hz or a digital signal of 56-64 kbps. When
referring to digital Voice Grade service (a 56-64 kbps channel), the terms "DS0" or "sub-
DSl" may also be used.
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2.138 Wire Center.
Shall have the same meaning as "Wire Cented' set forth in 47 C.F.R. S 51.5.
2.139 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".
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ADDITIONAL SERVICES ATTACHMENT
1.Alternate Billed Calls
1.1 The Parties will engage in settlements of intraLATA intrastate alternate-billed calls
(e.q., 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(b)(3) of the Act.
3. Directory Listing and Distribution Services
To the extent required by Applicable Law, Frontier will provide directory services to Carrier. Such
services will be provided in accordance with the terms set forth herein.
3.1 Carrier agrees to provide to Frontier or its publisher, as specified by Frontier, all
subscriber list information (including additions, changes and deletions) for Carrier's
End Users and those of any resellers of Carrier services, located within Frontier's
operating areas at no charge to Frontier. lt is the responsibility of Carrier to submit
directory listings in the prescribed manner to Frontier prior to the directory listing
publication cut-off date, which is posted at https://wholesale.frontier.com/wholesale/
under Directory Services then Publication Schedule.
Frontier will include Carrier's End User primary listings in the appropriate sections of
its telephone directories (residence and business listings). Listings of Carrier's End
Users will be inter-filed with listings of Frontier's End Users and the End Users of
other LECs, in the local section of Frontier's directories.
3.3 Carrier will identify any of these subscribers that are 'non-published' End Users.
Carrier will provide Frontier with the directory information for all its End Users in the
format specified in the job aids which are posted at
httos://wholesale.frontier.comiwholesale/ under Directory Services then Directory
Listing Training/Job Aids. Subscriber list information will include the End User's
name, address, telephone number, appropriate classified heading and allother
pertinent data elements as requested by Frontier including ACNA/ClC or
CLCC/OCN, as appropriate with each order, to enable Frontier the ability to identify
listing ownership. Carrier will provide all subscriber listings at no charge to Frontier
or its publisher.
Carrier's End Users standard primary listing information in the telephone directories
will be provided at no charge.
3.5 Carrier is responsible for all listing questions and contacts with its End Users
including but not limited to queries, complaints, account maintenance, privacy
requirements and services. Carrier will provide Frontier with appropriate internal
contact information to fulfill these requirements.
3.6 Frontier will accord Carrier directory listing information the same level of
confidentiality, which Frontier accords its own directory listing information. Carrier
grants Frontier full authority to provide Carrier subscriber listings, excluding non-
published telephone numbers, to other directory publishers and will indemnify
3.2
3.4
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Frontier and its publisher from and against any liability resulting from the
provisioning of such listings. ln exchange for Frontier providing this subscriber list
service, Frontier will charge, bill, collect and retain any monies derived from the sale
of Carrier listings to other directory publishers.
3.7 Frontier will distribute its telephone directories to Carrier's End Users in a manner
similar to the way it provides those functions for its own End Users in Frontier's
service territory. For Carrier End Users whose listings are not maintained in a
Frontier database, Carrier shall provide the information needed for the distribution of
listings in book form to such End Users.
3.8 Carrier will adhere to all practices, standards, and ethical requirements of Frontier
with regard to listings, and, by providing Frontier with listing information, warrants to
Frontier that Carrier has the right to place such listings on behalf of its End Users.
Carrier agrees that it will undertake commercially practicable and reasonable steps
to attempt to ensure that any business or person, to be listed, is authorized and has
the right to provide the product or service offered, and to use any personal or
corporate name, trade name, or language used in the listing. Carrier shall be solely
responsible for knowing and adhering to state laws or rulings regarding listing
information and for supplying Frontier with applicable listing information. ln addition,
Carrier 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 listing of the information provided by Carrier hereunder.
3.9 Frontier's liability to Carrier in the event of a Frontier error in or omission of a listing
will not exceed the amount of charges actually paid by Carrier for such listing. ln
addition, Carrier agrees to take, with respect to its own End Users, all reasonable
steps to ensure that its' and Frontier's liability to Carrier's End Users in the event of
a Frontier error in or omission of a listing will be subject to the same limitations that
Frontier's liability to its own End Users are subject to.
4. Voice lnformation Service Traffic
4.1 For purposes of this Section 4, (a) Voice lnformation Service means a service that
provides (i) recorded voice announcement information or (ii) a vocaldiscussion program
open to the public, and (b)Voice lnformation Service Traffic means intraLATA switched
voice traffic, delivered to a Voice lnformation Service. Voice lnformation Service Traffic
does not include any form of lnternet Traffic. Voice lnformation Service Traffic also does
not include 555 traffic or similar traffic with AIN service interfaces, which traffic shall be
subject to separate arrangements between the Parties. Voice lnformation Service Traffic
is not subject to Reciprocal Compensation charges under Section 7 of the
I nterconnection Attach ment.
4.2 lf a Carrier 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, Carrier shall pay to
Frontier without discount any Voice lnformation Service provider charges billed by
Frontier to Carrier. Carrier shall pay Frontier such charges in full regardless of whether
or not Carrier collects such charges from its Customer.
4.3 Carrier shall have the option to route Voice lnformation Service Traffic that originates on
its own network to the appropriate Voice lnformation Service connected to Frontier's
network. ln the event Carrier exercises such option, Carrier will establish, at its own
expense, a dedicated trunk group to the Frontier Voice lnformation Service serving
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switch. This trunk group will be utilized to allow Carrier to route Voice lnformation
Service Traffic originated on its network to Frontier. For such Voice lnformation Service
Traffic, unless Carrier has entered into a written agreement with Frontier under which
Carrier will collect from Carrier's Customer and remit to Frontier the Voice lnformation
Service provider's charges, Carrier shall pay to Frontier without discount any Voice
lnformation Service provider charges billed by Frontier to Carrier. Carrier shall pay
Frontier such charges in full regardless of whether or not Carrier collects such charges
from its own Customer.
5. Transfer of Service (Excluding Resale)
5.1 Coordination of Transfer of Service. To serve the public interest of End Users, the
Parties agree that, when an End User transfers service from one Party to the other
Party, it is necessary for the Parties to coordinate the timing for disconnection from
one Party and connection with the other Party so that transferring End Users are not
without service for any extended period of time. Other coordinated activities
associated with transfer of service will be coordinated between the Parties to ensure
quality services to the public.
5.2 Procedures for Coordinated Transfer of Service Activities. The Parties agree to
establish mutually acceptable, reasonable, and efficient transfer of service
procedures that utilize the industry standard LSR format for the exchange of
necessary information for coordination of service transfers between the Parties.
Frontier may describe some of these procedures in its Guide. Reference to Frontier
Guide is for convenience of the Parties and is not intended to be a part of or to
affect the meaning of this Agreement, including, but not limited to, provisions with
respect to implementation of the cooperative coordination of transfer of service
activities described herein. lf any provision contained in this Agreement and the
Guide cannot be reasonably construed or interpreted to avoid conflict, the provision
contained in this Agreement shall apply.
5.3 Coordinated Transfer of Seruice Activities. There will be no premium charges
between the Parties or compensation provided by one Party to the other Party for
the coordinated transfer of service activities between the hours of 8:00 a.m. and
5:00 p.m. Monday - Friday excluding holidays. Frontier may charge Carrier for the
coordinated transfer of service activities scheduled outside of the specified hours in
accordance with Frontie/s tariff.
5.4 Letter of Authorization. Each Party is responsible for obtaining a Letter of
Authorization (LOA) from each End User initiating transfer of service from one Party
to the other Party if necessary. The Party obtaining the LOA from the End User will
furnish it to the other Party upon request. The Party obtaining the LOA is required
to maintain the original document, for a minimum of twenty-four (24) months from
the date of signature. lf there is a conflict between an End User and Carrier
regarding the disconnection or provision of services, Frontier will honor the latest
dated Letter of Authorization. lf the End User's service has not been disconnected
and services have not yet been established, Carrier will be responsible to pay the
applicable service order charge for any order it has placed. lf the End User's
service has been disconnected and the End User's service is to be restored with
Frontier, Carrier will be responsible to pay the applicable nonrecurring charges as
set forth in Frontier applicable tariff to restore the End User's prior service with
Frontier.
5.5 Transfer of Service Announcement. Where an End User changes service from one
Party to the other Party and the End User does not retain his or her original
telephone number, the Party formerly providing service to the End User will provide
a transfer of service announcement, where transfer of service announcement
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capability is available, on the vacated telephone number. This announcement will
provide details regarding the new number that must be dialed to reach this End
User. The service announcement will be provided, where available, by the Party
formerly providing service to the extent and at the price specified in the applicable
Frontier tariff.
Disconnect and Coordination of Number Portabilitv for Service Transfers without
Chanqe of Number. \Men an End User changes service from one Party to the
other Party and the End User retains his or her original telephone number(s), the
Party from which the End User is transferring will honor requests for disconnection
and local number portability, where available, from the Party to which the End User
is transferring. The Party to which the End User is transferring will provide the other
Party the End User's name, address, current telephone number, and the Location
Routing Number (LRN) for LNP, and the date service should be transferred using
the industry standard LSR format. With LNP, the Parties will coordinate the
disconnection, the connection, and number portability activities in accordance with
the North American Numbering Council (NANC) flows.
Combined Transfer of Service Requests. Each Party will accept transfer of service
requests from the other Party for one End User that includes multiple requests for
transfers where the End User will retain one or more telephone numbers.
Bulk Requests for Transfer of Service. From time to time, either Party may benefit
from the transfer of service for groups. The Parties agree to process bulk transfer of
service requests for End Users having the same billing account number.
Access to the Network lnterface Device (NlD). Each Party will allow the other Party
access to the End User side of the NID consistent with FCC rules. The Party to
which the End User is transferring service may move all inside wire from the other
Party's existing NID to one provided by the Party to which the End User is
transferring service. Where a NID is of the type which provides for End User access
to one side of the NlD, the Party to which the End User is transferring service may
elect to remove the inside wire at the connection(s) within the End User side of the
NlD. Where a NID is of an older type not allowing access to the End User side of
the NlD, the Party to which the End User is transferring service must make a clean
cut of the inside wire at the closest point to the NlD.
Expedited Order Charoe. Expedited order requests will be accepted where
reasonable and practical but will be assessed an expedited order charge. The
expedited order charges are listed in Attachment 7, Pricing.
Service Date Modifications/ Carrier Not Readv, Carrier may request a change in due
date at least 24 hours prior to the originally scheduled due date. Supplemental
charges will apply when a request for a new due date is received after the LSR has
been confirmed via firm order commitment (FOC). Supplemental order charges are
listed in Attachment 7, Pricing. Alternate workforce is required when an increase in
the complexity of the service order results in a higher per hour rate. lf the new
service date is changed to an earlier date, than expedited order charges will apply.
lf the request for modification to the service date occurs within twenty-four (24)
hours of the scheduled due date, Carrier will be subject to charges for work and
labor-related expenses already completed. lf the due date change is requested due
to a class of service change, additional and/or alternate workforce may be required,
and associated charges will apply. These charges will apply on a per occurrence
basis.
6. Originating Line Number Screening (OLNS)
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5.6
5.7
5.8
5.9
5.10
5.11
Upon Carrier'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).
7. Operations Support Systems (OSS) Services
7.1 Frontier Operations Support Svstems (OSS): Frontier systems for pre-ordering,
ordering/provisioning, trouble reporting, maintenance, and billing. Frontier provides
various systems and online tools to assist with ordering services and viewing
account activities. For access, go to https://wholesale.frontier.com/wholesale/ under
Getting Started and Systems/Online Tools.
7.2 Frontier OSS Services: Access to Frontier OSS functions. The term 'Frontier OSS
Services" includes, but is not limited to: (a) Frontier's provision of Carrier Usage
lnformation to Carrier pursuant to Section 7.6 of this Attachment; and, (b) 'Frontier
OSS lnformation", as defined in Section 7.4 of this Attachment.
7.2.1 Upon request by Carrier, Frontier shall provide to Carrier Frontier OSS
Services. Such Frontier OSS Services will be provided in accordance with,
but only to the extent required by, Applicable Law.
7.2.2 Subject to the requirements of Applicable Law, Frontier Operations Support
Systems, Frontier OSS functions, Frontier OSS Facilities, Frontier OSS
tnformation, 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 OSS functions, Frontier OSS Facilities, Frontier
OSS lnformation, and the Frontier OSS Services, from time-to-time,
without the consent of Carrier.
7.2.3 To the extent required by Applicable Law, in providing Frontier OSS
Services to Carrier, Frontier will comply with Frontier's applicable OSS
Change Management Process, as modified from time-to-time, including,
but not limited to, the provisions related notification of changes in Frontier
OSS Services. Frontier's OSS Change Management Process can be
found at httos://wholesale.frontier.com/wholesale/ under OSS lnterface
Change Management.
7.3 Access to and Use of Frontier OSS Facilities: Frontier OSS Facilities are any
gateways, interfaces, databases, facilities, equipment, software, or systems, used
by Frontier to provide Frontier OSS Services to Carrier.
7.3.1 Frontier OSS Facilities may be accessed and used by Carrier only to the
extent necessary for Carrier's access to and use of Frontier OSS Services
pursuant to this Agreement.
7.3.2 Frontier OSS Facilities may be accessed and used by Carrier only to
provide Telecommunications Services to Carrier Customers.
7.3.3 Carrier shall restrict access to and use of Frontier OSS Facilities to Carrier.
This Section 7 does not grant to Carrier any right or license to grant
sublicenses to other persons, or permission to other persons (except
Carrier's employees, agents and contractors, in accordance with Section
7.3.7 of this Attachment), to access or use Frontier OSS Facilities.
7.3.4 Carrier shall not (a) alter, modify or damage the Frontier OSS Facilities
(including, but not limited to, Frontier software), (b) copy, remove, derive,
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reverse engineer, or decompile, soft\,vare 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
Carrier's use under this Section 7.
7.3.5 Carrier 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).
7.3.6 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
Carrier only in connection with Carrier's use of Frontier OSS Facilities
permitted by this Section 7; (c) shall be treated by Carrier as Confidential
lnformation of Frontier pursuant to Section 10 of the General Terms and
Conditions; and, (d) shall be destroyed or returned by Carrier to Frontier
upon the earlier of request by Frontier or the expiration or termination of
this Agreement.
7.3.7 Carrieds employees, agents and contractors may access and use Frontier
OSS Facilities only to the extent necessary for Carrier's access to and use
of the Frontier OSS Facilities permitted by this Agreement. Any access to
or use of Frontier OSS Facilities by Carrier'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 7.4.3.2 of this Attachment.
Frontier OSS lnformation: Any information accessed by, or disclosed or provided to,
Carrier through or as a part of Frontier OSS Services. The term 'Frontier OSS
Information" includes, but is not limited to: (a) any Customer Information related to a
Frontier Customer or a Carrier Customer accessed by, or disclosed or provided to,
Carrier through or as a part of Frontier OSS Services; and, (b) any Carrier Usage
lnformation (as defined in Section 7.6 of this Attachment) accessed by, or disclosed
or provided to, Carrier.
7.4.1 Subject to the provisions of this Section 7, in accordance with, but only to
the extent required by, Applicable Law, Frontier grants to Carrier a non-
exclusive license to use Frontier OSS lnformation.
7.4.2 All Frontier OSS lnformation shall at alltimes remain the property of
Frontier. Except as expressly stated in this Section 7, Carrier shall acquire
no rights in or to any Frontier OSS lnformation.
7.4.3 The provisions of this Section 7.4.3 shall apply to all Frontier OSS
lnformation, except (a) Carrier Usage lnformation, (b) CPNI of Carrier, and
(c) CPNI of a Frontier Customer or a Carrier Customer, to the extent the
Customer has authorized Carrier to use the CPNI.
7.4.3.1 Frontier OSS lnformation may be accessed and used by Carrier
only to provide Telecommunications Services to Carrier
Customers.
7.4.3.2 Carrier 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
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7.4
Frontier pursuant to Section 10 of the General Terms and
Conditions.
7.4.3.3 Except as expressly stated in this Section 7, this Agreement
does not grant to Carrier any right or license to grant
sublicenses to other persons, or permission to other persons
(except Carrier's employees, agents or contractors, in
accordance with Section 7.4.3.4 of this Attachment), to access,
use or disclose Frontier OSS lnformation.
7.4.3.4 Carrier's employees, agents and contractors may access, use
and disclose Frontier OSS lnformation only to the extent
necessary for Carrier's access to, and use and disclosure of,
Frontier OSS lnformation permitted by this Section 7. Any
access to, or use or disclosure of, Frontier OSS lnformation by
Carrie/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 of this
Attachment.
7.4.3.5 Carrieds 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 Carrier to provide
Telecommunications Services to Carrier Customers; (b)
termination of the license in accordance with this Section 7; or
(c) expiration or termination of this Agreement.
7.4.3.6 All Frontier OSS lnformation received by Carrier shall be
destroyed or returned by Carrier to Frontier, upon expiration,
suspension or termination of the license to use such Frontier
OSS lnformation.
Unless sooner terminated or suspended in accordance with this Agreement
or this Section 7 (including, but not limited to, Section 2.2 of the General
Terms and Conditions Section of this Agreement), Carrier's access to
Frontier OSS lnformation through Frontier OSS Services shall terminate
upon the expiration or termination of this Agreement.
7.4.4
7.4.5 Audits.
7.4.5.1
7.4.5.2
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Frontier shall have the right (but not the obligation) to audit
Carrier to ascertain whether Carrier is complying with the
requirements of Applicable Law and this Agreement with regard
to Carrier's access to, and use and disclosure of, Frontier OSS
lnformation.
Without in any way limiting any other rights Frontier may have
under this Agreement or Applicable Law, Frontier shall have the
right (but not the obligation) to monitor Carrier's access to and
use of Frontier OSS lnformation which is made available by
Frontier to Carrier pursuant to this Agreement, to ascertain
whether Carrier is complying with the requirements of
Applicable Law and this Agreement, with regard to Carrier'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
Carrier's access to and use of Frontier OSS lnformation which
53
is made available by Frontier to Carrier through Frontier OSS
Facilities.
7.4.5.3 lnformation obtained by Frontier pursuant to this Section7.4.5
shall be treated by Frontier as Confidential lnformation of
Carrier 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 7 .4.5 of this Attachment to enforce
Frontier's rights under this Agreement or Applicable Law.
7.4.6 Carrier 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.
Frontier Retail Telecommunications Service: Any Telecommunications Service that
Frontier provides at retail to subscribers that are not Telecommunications Carriers.
The term "Frontier Retail Telecommunications Service" does not include any
Exchange Access service (as defined in Section 3(16) of the Act,47 U.S.C. S
153(16)) provided by Frontier.
Carrier Usaqe lnformation: For a Frontier Retail Telecommunications Service
purchased by Carrier pursuant to the Resale Attachment, the usage information that
Frontier would record if Frontier was furnishing such Frontier Retail
Telecommunications Service to a Frontier end-user retail Customer.
7.6.1 Upon request by Carrier, Frontier shall provide to Carrier Carrier Usage
Information. Such Carrier Usage lnformation will be provided in
accordance with, but only to the extent required by, Applicable Law.
7.6.2 Carrier Usage lnformation will be available to Carrier through Network Data
Mover (NDM) or other such media as mutually agreed by both Parties.
Carrier Usage lnformation will be provided in an ATIS EMI format.7.6.3
7.6.4 Except as stated in this Section 7.6, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, Carrier
Usage lnformation will be provided to Carrier shall be determined by
Frontier.
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.
7.8 Liabilities and Remedies.
7.8.1 Any breach by Carrier, or Carrier's employees, agents or contractors, of
the provisions of Sections 7.3 or 7.4 of this Attachment shall be deemed a
material breach of this Agreement. ln addition, if Carrier an employee,
agent or contractor of Carrier at any time breaches a provision of Sections
7 .3 or 7 .4 of this Attachment and such breach continues for more than ten
(10) days afterwriften notice thereof from then, except as otherwise
required by Applicable Law, Frontier shall have the right, upon notice to
Carrier, to suspend the license to use Frontier OSS lnformation granted by
Section 7.4.1 of this Attachment and/or the provision of Frontier OSS
Services, in whole or in part.
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7.5
7.6
7.7
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7.8.2 Carrier agrees that Frontier would be irreparably injured by a breach of
Sections 7 .3 or 7 .4 of this Attachment by Carrier or the employees, agents
or contractors of Carrier, 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.
7.9 Relation to Applicable Law
7.9.1 The provisions of Section s 7 .3, 7 .4 or 7.8 of this Attachment with regard to
the confidentiality of information shall be in addition to and not in
derogation of any provisions of Applicable Law with regard to the
confidentiality of information, including, but not limited to, 47 U.S.C. S 222,
and are not intended to constitute a waiver by Frontier of any right with
regard to protection of the confidentiality of the information of Frontier or
Frontier Customers provided by Applicable Law.
7.10 Cooperation.
7.10.1 Carrier, at Carrier's expense, shall reasonably cooperate with Frontier in
using Frontier OSS Services. Such cooperation shall include, but not be
limited to, the following:
7.10.2 Upon request by Frontier, Carrier 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 Carrier anticipates submitting in each week of the next
Calendar Quarter.
7.10.3 Carrier shall reasonably cooperate with Frontier in submitting orders for
Frontier Services and othen /ise using the Frontier OSS Services, in order
to avoid exceeding the capacity or capabilities of such Frontier OSS
Services.
7.10.4 Carrier 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.
7.11.1 Frontier shall have the right to access, use and disclose information related
to Carrier Customers that is in Frontier's possession (including, but not
limited to, in Frontier OSS Facilities) to the extent such access, use and/or
disclosure has been authorized by the Carrier Customer in the manner
required by Applicable Law.
7.11.2 Upon request by Frontier, Carrier shall negotiate in good faith and enter
into a contract with Frontier, pursuant to which Frontier may obtain access
to Carrier'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 Carrier Customers (as authorized by the applicable
Carrier 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.
EA
7.11 Frontier Access to lnformation Related to Carrier Customers.
7.12 Cancellations.
7.12.1 Frontier may cancel orders for service which have had no activity within
thirty-one (31) consecutive calendar days after the original service due
date.
8. Poles, Ducts, Conduits and Rights-of-Way
8.1 Frontier shallafford Carrier 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 Padies.
8.2 Carrier shall afford Frontier non-discriminatory access to poles, ducts, conduits and
rights-of-way owned or controlled by Carrier. Such access shall be provided
pursuant to Carrier's applicable Tariffs, or, in the absence of an applicable Carrier
Tariff, Carrier'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
Carrier for such access shall be no less favorable than the terms, conditions and
prices offered to Carrier by Frontier for access to poles, ducts, conduits and rights of
way owned or controlled by Frontier.
9. Telephone Numbers
9.1 This Section applies in connection with Carrier Customers served by
Telecommunications Services provided by Frontier to Carrier for resale. Telephone
numbers associated with Frontier's retailTelecommunication Services offered for
resale are assigned to the service furnished. Carrier has no property right to the
telephone number or any other call number designation associated with services
furnished by Frontier, and no right to the continuance of service through any
particular central office.
9.2 Carrier'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 9), and Frontier's practices and procedures for use and assignment
of telephone numbers, as amended from time-to-time.
Subject to Sections 9.2 and 9.4 of this Attachment, if a Customer of either Frontier
or Carrier who is served by a Frontier Telecommunications Service ('FTS') changes
the LEC that serves the Customer using such FTS (including a change from Frontier
to Carrier, from Carrier to Frontier, or from Carrier to a LEC other than Frontier),
after such change, the Customer may continue to use with such FTS the telephone
numbers that were assigned to the FTS for the use of such Customer by Frontier
immediately prior to the change.
Frontier reserves the right to change such numbers, or the central office designation
associated with such numbers, or both, consistent with telephone number
conservation and administrative practices, such as NPA splits, generally prevailing
in the local exchange telecommunications industry.
lf service on a FTS provided by Frontier to Carrier under this Agreement is
terminated and the telephone numbers associated with such FTS have not been
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9.3
9.4
9.5
ported to a Carrier 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,
Carrier, or Telecommunications Carriers other than Frontier and Carrier.
9.6 Carrier may reserve telephone numbers only to the extent Frontier's Customers may
reserve telephone numbers.
10. 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.
11- 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 Carrier 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.
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INTERCONNECTION ATTACHMENT
1. lnterconnectionTrunkingArrangements
1.1 The Parties will interconnect their networks directly or indirectly as specified in the terms
and conditions contained herein. POls set forth in this Attachment, may be modified from
time to time by either Party only with the written consent of the other Party. Carrier will
agree to establish each POI at a technically feasible point on Frontier's network in a
LATA. 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 othenruise, would not include a Carrier lnterconnection
Wire Center, Carrier switch or any portion of a transport facility provided by Frontier to
Carrier or another party between (x) a Frontier lnterconnection Wire Center or switch and
(y) the lnterconnection Wire Center or switch of Carrier 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.
Any traffic from an lnterconnected VolP Provider on a Carrier's trunk group shall be
considered Carrier's traffic for the purposes of this agreement.
2. Points of lnterconnection and Trunk Types
2.1 Point(s) of lnterconnection.
2.1.1 Each Party will be responsible for the engineering and construction of its own
network facilities on its side of the POl, however, should Frontier be required to
modify its network to accommodate the lnterconnection request made by
Carrier, Carrier agrees to pay Frontier reasonable charges for such
modifications. lf Carrier uses a third-party network to reach the POl, Carrier will
bear all third-party carrier charges for facilities and traffic in both directions on
its side of the POl.
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, Transit Service, 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 Carrier
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
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2.2.2
2.2.3
2.2.4
and testing; and, (b) untranslated lntraLATA/lnterLATA toll-free
service access code (e.9. 800/888/877) traffic.
2.2.1.4 For all FGD and un-queried 8YY traffic, originated by Carrier,
Carrier agrees to provide Frontier with applicable meet point billing
records.
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).
2.2.2.1 Connecting Carrier's switch to the applicable E9-1-1 routers. lf
Carrier purchases such services from Frontier, they will be provided
at full applicable tariff rates. For all 9-1-1/E9-1-1 traffic originating
from Carrier, it is the responsibility of Carrier and the appropriate
state or local public safety answering agency to negotiate the
manner in which 9-'1-1/E9-1-1 traffic from Carrier will be processed.
Carrier shall establish, at the technically feasible Point(s) of lnterconnection
on Frontie/s network in a IATA, separate lnterconnection Trunk group(s)
between such POI(s) and each Frontier Tandem in a LATA with a subtending
End Office(s) to which Carrier originates calls for Frontier to terminate.
The Parties mutually agree that all lnterconnection facilities will be sized
according to mutual forecasts and sound engineering practice, as mutually
agreed to by the Parties. The Parties further agree that all equipment and
technical Interconnections will be in conformance with all generally accepted
industry standards with regard to facilities, equipment, and services.
2.2.4.1 ln the event the volume of traffic between a Frontier End Office and
a technically feasible Point of lnterconnection on Frontier's network
in a LATA, which is carried by a FinalTandem Interconnection
Trunk group, exceeds (a) the Centum Call Seconds (Hundred Call
Seconds) busy hour equivalent of one (1) DS1 at any time; (b)
200,000 minutes of use for a single month; and/or; (c) 600 busy
hour Centum Call Seconds (BHCCS) of use for a single month,
Carrier 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.
2.2.4.2 Except as othenrise agreed in writing by the Parties, the total
number of Tandem Interconnection 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, Carrier 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 Two-WaylnterconnectionTrunks.
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2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
Interconnection will be provided via two-way trunks. Carrier, at its own
expense, shall:
2.3.1.1 provide its own facilities to the technically feasible Point(s) of
lnterconnection on Frontier's network in a LATA; and/or
2.3.1.2 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.
Prior to establishing any Two-Way lnterconnection Trunks, Carrier 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
I-ATA at which the Parties interconnect for the exchange of traffic. The
mutually agreed upon technical and operational interfaces, procedures, grade
of service and performance standards for lnterconnection between the Parties
will conform with all generally accepted industry standards with regard to
facilities, equipment, and services. All lnterconnection facilities and trunking
will be ordered using industry standard ASR as referenced at
https://wholesale.frontier.com/wholesale/ under Access Services, then Access
Reference Documents.
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
I nterconnection Trunks.
ln addition to the forecasting requirements described in Section 14.2, on a
semi-annual basis, Carrier shall submit a good faith forecast to Frontier of the
number of End Office and Tandem Two-Way lnterconnection Trunks that
Carrier anticipates Frontier will need to provide during the ensuing two (2) year
period for the exchange of traffic between Carrier and Frontier. Carrier's trunk
forecasts shall conform to the Frontier Trunk Forecast template at
https://wholesale.frontier.com/wholesale/ under Access Services, then Access
Reference Documents. Orders for trunks that exceed forecasted quantities
for forecasted locations will be accommodated as facilities and/or equipment
are available.
2.3.4.1 The forecasts will include the number, type and capacity of trunks
as well as a description of major network projects anticipated for the
following six months. Major network projects include trunking or
network rearrangements, shifts in anticipated traffic patterns, or
other activities that are reflected by a significant increase or
decrease in trunking demand for the following forecast period.
The Parties shall meet from time to time, as needed, to review data on End
Office and Tandem Two-Way lnterconnection Trunks to determine the need for
new trunk groups and to plan any necessary changes in the number of Two-
Way lnterconnection Trunks.
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2.3.6
2.3.7
2.3.8
2.3.9
2.3.10
2.3.11
2.3.12
Two-Way lnterconnection Trunks shall have SS7 Common Ghannel Signaling.
The Parties agree to utilize BSZS and Extended Super Frame (ESF) DSI
facilities, where available. For glare resolution, Frontier will have priority on
odd trunk group member circuit identification codes, and Carrier will have
priority on even trunk group member circuit identification codes, unless
otherwise mutually agreed.
With respect to End Office Two-Way lnterconnection Trunks, both Parties
shall use an economic Centum Call Seconds (Hundred Call Seconds) equalto
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 B.01 during
the average time consistent busy hour. Frontier and Carrier 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.
Carrier 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. Carrier shall
order Two-Way lnterconnection Trunks by submitting ASRs to Frontier sefting
forth the number of Two-Way lnterconnection Trunks to be installed and the
requested installation dates within Frontier's effective standard intervals or
negotiated intervals, as appropriate. Carrier shall complete ASRs in
accordance with OBF Guidelines as in effect from time to time.
Frontier may (but shall not be obligated to) monitor Two-Way lnterconnection
Trunk groups using service results for the applicable design blocking objective.
lf Frontier observes blocking in excess of the applicable design objective on
any Tandem Two-Way lnterconnection Trunk group and Carrier has not
notified Frontier that it has corrected such blocking, Frontier may submit to
Carrier a Trunk Group Service Request directing Carrier to remedy the
blocking. Upon receipt of a Trunk Group Service Request, Carrier will
complete an ASR to establish or augment the End Office Two-Way
lnterconnection Trunk group(s), or, if mutually agreed, to augment the Tandem
Two-Way lnterconnection Trunk group with excessive blocking and submit the
ASR to Frontier within five (5) Business Days.
The Parties will review all Tandem Two-Way lnterconnection Trunk groups that
reach a utilization level of seventy percent (70%), or greater, to determine
whether those groups should be augmented. Carrier will promptly augment all
Tandem Two-Way lnterconnection Trunk groups that reach a utilization level of
eighty percent (80%) by submitting ASRs for additional trunks sufficient to
attain a utilization level of approximately seventy percent (70Y0), unless the
Parties agree that additional trunking is not required. For each Tandem Two-
Way lnterconnection Trunk group with a utilization level of less than sixty
percent (60%), unless the Parties agree otherwise, Carrier will promptly submit
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2.3.13
2.3.14
3. Alternative lnterconnection Arrangements
3.1 Fiber Meet Arrangement Provisions.
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 Carrier nor any of Carrier's affiliates has an
overdue balance on any bill rendered to Carrier or Carrier'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. In addition, the
establishment of any Fiber Meet arrangement is expressly conditioned upon
the Parties mutually agreeing to the technical specifications and requirements
for such Fiber Meet arrangement including, but not limited to, the location of
the Fiber Meet points, routing, equipment (e.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.
3.1.2 The Parties agree to consider the possibility of using existing fiber cable with
spare capaci$, 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.
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 Carrier 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 Carrier 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 Carrier's
network, Frontie/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.
Carrier will route its traffic to Frontier over the End Office and Tandem Two-
Way lnterconnection Trunks in accordance with SR-TAP-000191, including but
not limited to those standards requiring that a call from Carrier to a Frontier
End Office will first be routed to the End Office lnterconnection Trunk group
between Carrier and the Frontier End Office.
3.1.1
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3.1 .3
3.1.4
A Fiber Meet arrangement established under this Agreement may be used for
the transmission and routing of only the following traffic types (over the
I nterconnection 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.,
800/888/877) 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 lnternetTraffic.
To the extent that a Fiber Meet arrangement established under this Agreement
is used for the transmission and routing of traffic of the types set forth in
Sections 3.1.3.1 and/or 3.1.3.5, otherthan 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 Carrier shall pay) Frontier's applicable rates and
charges as set forth in the Agreement and Frontier's applicable Tariffs,
including transport charges to the terminating Frontier Tandem.
At Carrier's wriften 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 Carrier's Telephone Exchange
Service Customers to an operator services provider over operator
services trunks;
3.1.4.2 Directory assistance traffic from Carrier's Telephone Exchange
Service Customers to a directory assistance provider over directory
assistance trunks;
3.1 .4.3 9-1-1 traffic from Carrier's Telephone Exchange Service Customers
to Tandem Office(s)/Selective Router(s) over 9-1-1/E9-1-1 trunks;
and
Jointly-provided Switched Exchange Access Service traffic,
including translated lnterLATA toll-free service access code (e.9.,
3.1.4.4
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800/888/877) traffic, between Carrier'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 Carrier shall pay) Frontier's applicable
Tariff rates and charges. Except as otherwise agreed in writing by the Parties
or as expressly set forth in Sections 3.1.3 and/or 3.1.4 of this lnterconnection
Attachment, access services (switched and unswitched) and unbundled
network elements shall not be provisioned on or accessed through Fiber Meet
arrangements.
3.1 .5 Carrier will include traffic to be exchanged over Fiber Meet arrangements in its
forecasts provided to Frontier under the Agreement.
4. lnitiating lnterconnection
4.1 lf Carrier determines to offer Telephone Exchange Services and to interconnect with
Frontier in any LATA in which Frontier also offers Telephone Exchange Services and in
which the Parties are not already interconnected pursuant to this Agreement, Carrier
shall provide written notice to Frontier.
4.2 The notice provided in Section 4.1 of this Attachment shall include (a) the initial Routing
Point(s); (b) the applicable technically feasible Point(s) of lnterconnection on Frontier's
network to be established in the relevant LATA in accordance with this Agreement; (c)
Carrier's intended lnterconnection activation date; (d) a forecast of Carrier's trunking
requirements conforming to Section 14.2 of this Attachment; and (e) such other
information as Frontier shall reasonably request in order to facilitate lnterconnection.
4.3 The interconnection activation date in the new LATA shall be mutually agreed to by the
Parties after receipt by Frontier of all necessary information as indicated above. Within
ten (10) Business Days of Frontier's receipt of Carrier's notice provided for in Section 4.1
of this Attachment, Frontier and Carrier 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 lnterconnection Trunks, if Carrier wishes to use a technically feasible
interface other than a DSI 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 proced ures.
5.2.2 When lnterconnection Trunks are provisioned using a DS3 interface facility, if
Carrier orders the multiplexed DS3 facilities to a Frontier Central Office that is
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not designated in the NECA 4Tariff 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.
5.2.4 For multi-frequency (MF) signaling each Party will out pulse ten (10) digits to
the other Party, unless the Parties mutually agree otherwise.
Each Party will use commercially reasonable efforts to monitor trunk groups
under its control and to augment those groups using generally accepted trunk-
engineering standards so as to not exceed blocking objectives. Each Party
agrees to use modular trunk-engineering techniques for trunks subject to this
Attachment.
5.2.5
5.3 Switching System Hierarchy and Trunking Requirements.
For purposes of routing Carrier traffic to Frontier, the subtending arrangements between
Frontier Tandems and Frontier End Offices shall be the same as the Tandem/End Office
subtending arrangements Frontier maintains for the routing of its own or other carriers'
traffic (i.e., traffic will be routed to the appropriate Frontier Tandem subtended by the
terminating End Office serving the Frontier Customer). For purposes of routing Frontier
traffic to Carrier, the subtending arrangements between Carrier Tandems and Carrier
End Offices shall be the same as the Tandem/End Office subtending arrangements that
Carrier maintains for the routing of its own or other carriers' traffic.
5.4 Signaling.
5.4.1 Each Party will provide the other Party with access to its databases and
associated signaling necessary for the routing and completion of the other
Party's traffic in accordance with the provisions of this Agreement and any
applicable Tariff.
5.4.2 Each Party shall have the capability to exchange signaling messages to facilitate
full interoperability of all SS7 or other signaling features, as applicable.
5.4.3 The Parties shall cooperate fully and shall use commercially reasonable efforts to
obtain cooperation from any underlying carrier in the downstream/egress call
processing in investigating any issues relating to the processing or delivery of call
signaling information.
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.
5.6 CallRoutingRestrictions
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Neither Party shall deliver back to any switched service provided by the originating Party
any call delivered by the originating Party to the other Party under this Agreement. To
the extent call looping or other technical issues arise, the Parties shall use commercially
reasonable efforts to resolve such issues in an expeditious manner.
5.7 AbnormalTrafficPatterns.
When either Party detects that the other Party is generating traffic or call attempts with
duplicate, or repeated, numbers dialed in succession and/or abnormally short duration
calls, such Party may give notice to the other Party and both Parties shall use
commercially reasonable efforts to resolve such issue in an expeditious manner. Each
Party reserves the right to take action to protect the integrity of its network.
6. Traffic Measurement and Billing over lnterconnection Trunks
6.1 For billing purposes, each Party shall pass Calling Party Number (CPN) information on at
least ninety-five percent (95%) of calls carried over the Interconnection Trunks.
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 Transit Service rate, as provided in the Pricing
Aftachment, 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 the originating Party chooses to combine Reciprocal
Compensation Traffic and Toll Traffic on the same trunk group, the receiving
Party shall bill the higher of its interstate Switched Exchange Access Service
rates or its intrastate Switched Exchange Access Services rates for all traffic
that is passed without CPN, unless the Parties agree that other rates should
apply to such traffic.
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 Transit Service), such receiving Party shall billthe 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 PIU and PLU factors. The PIU and PLU 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., 800/8881877) calls shall be in accordance with applicable Tariffs. Determination as
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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
April 18, 2001 FCC lnternet Order (including, but not limited to, in accordance with the
rebuttable presumption established by the April 18, 2001 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 April
18, 2001 FCC lnternet Order for rebutting such presumption before the Commission), as
modified by the November 5, 2008 FCC lnternet Order and other applicable FCC orders
and FCC Regulations.
6.3 Each Party reserves the right to audit all Traffic, up to a maximum of two audits per
Calendar Year, to ensure that rates are being applied appropriately; provided, however,
that either Party shall have the right to conduct additional audit(s) if the preceding audit
disclosed material errors or discrepancies. Each Party agrees to provide the necessary
Traffic data in conjunction with any such audit in a timely manner.
6.4 Nothing in this Agreement shall be construed to limit either Party's ability to designate the
areas within which that Party's Customers may make calls which that Party rates as
"local" in its Customer Tariffs.
6.5 lf and, to the extent that, a Carrier Customer receives V/FX Traffic, Carrier 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 Carrier Customers.
7. Reciprocal Compensation for the Transport and Termination of Interchanged Traffic
7.1 Reciprocal Compensation. The Parties agree to exchange Reciprocal Compensation
traffic on a bill and keep basis in accordance with the USF/CC Transformation Order as
such order may be revised, reconsidered, modified or changed in the future. For clarity,
Reciprocal compensation rates were reduced to zero, effective July 1, 2018 pursuant to
the FCC's Reform Timeline as outlined in paragraph 801 of FCC 11-161, or as such
Reform Timeline may be revised, reconsidered, modified or changed in the future.
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
7.2.3
7.2.4
7.2.5
7.2.6
ReciprocalCompensation shall not apply to lnternet Traffic.
ReciprocalCompensation shall not apply to TollTraffic, including, but not
limited to, calls originated on a 1+ presubscription basis, or on a casualdialed
(10XXX101XXXX) basis.
Reciprocal Compensation shall not apply to Optional Extended Local Calling
Scope Arrangement Traffic.
Reciprocal Compensation shall not apply to special access, private line, or any
other traffic that is not switched by the terminating Party.
Reciprocal Compensation shall not apply to Transit Service.
67Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619
7.2.7
7.2.8
Reciprocal Compensation shall not apply to Voice lnformation Service Traffic
(as defined in Section 5 of the Additional Services Attachment).
Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(bxs) of the Act.
7.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange Traffic
(i.e., V/FX Traffic). As used in this Agreement, "Virtual Foreign Exchange
Traffic" or'V/FX Traffic' is defined as calls in which a Carrier Customer is
assigned a telephone number with an NXX Code (as set forth in the LERG)
associated with an exchange that is different than the exchange (as set forth in
the LERG) associated with the actual physical location of such Customer's
station. For the avoidance of any doubt, Carrier shall pay Frontier's originating
access charges for allV/FX Traffic originated by a Frontier Customer, and
Carrier shall pay Frontier's terminating access charges for all V/FX Traffic
originated by a Carrier Customer.
8. Other Types of Traffic
8.1 Notwithstanding any other provision of this Agreement or any Tariff: (a) the Parties'
rights and obligations with respect to any intercarrier compensation that may be due in
connection with their exchange of lnternet Traffic shall be governed by the terms of the
FCC lnternet Orders and other applicable FCC orders and FCC Regulations; and, (b) a
Party shall not be obligated to pay any intercarrier compensation for lnternet Traffic that
is in excess of the intercarrier compensation for Internet Traffic that such Party is required
to pay under the FCC lnternet Orders and other applicable FCC orders and FCC
Regulations.
8. 1 .'1 For the avoidance of doubt, VOIP Traffic exchanged pursuant to this
Agreement will be governed by the default provisions of USF/ICC
Transformation OrderFCC 11-161 (rel. November 18,2011) as such order
may be revised, reconsidered, modified or changed in the future. When such
revisions, reconsiderations, modifications or changes are effective, such
provisions shall be automatically incorporated into this Agreement. For clarity,
and subject to any future revisions, reconsiderations, modifications or changes
in the USFI/CC Transformation Order, interexchange VolP traffic terminated to
either Party is subject to access charges based on the appropriate access
tariff, and local VolP traffic terminated to either Party is subject to the
reciprocal compensation provisions of this Agreement. The Parties agree
access charges will comply with all FCC mirroring and default phase-down
requirements
8.2 Subject to Section 8.1 of this Attachment, interstate and intrastate Exchange Access,
lnformation Access, exchange services for Exchange Access or lnformation Access, and
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 Carrier to Frontier,
Carrier shall pay Frontier the same amount that such third pady carrier would have been
obligated to pay Frontier for termination of that traffic at the location the traffic is delivered
to Frontier by Carrier.
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, and Applicable
Law.
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9
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 I-ATA 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 Carrier Telephone Exchange Service Customers and
lnterexchange Carriers ("Access Toll Connecting Trunks"), in any case where Carrier
elects to have its End Office Switch subtend a Frontier Tandem. This includes casually-
dialed (1 01 OXXX and 1 O1XXXX) traffic.
9.2 Access Toll Connecting Trunk Group Architecture.
9.2.1 lf Carrier chooses to have its NPA/NXX Code subtend a Frontier access
Tandem, Carrier's NPA/NXX must be assigned by Carrier to a Rate Center
Area that Frontier has associated with such Frontier access Tandem.
9.2.2 Carrier 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 Carrier's Customers.
9.2.3 The Access Toll Connecting Trunks shall be two-way trunks. Such trunks shall
connect the End Office Carrier utilizes to provide Telephone Exchange Service
and Switched Exchange Access to its Customers in a given I-ATA 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 Carrier'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 Carrier and Frontier will establish MPB arrangements in order to provide a common
transport option to Switched Exchange Access Services customers via a Frontier access
Tandem Switch in accordance with the MPB guidelines contained in the OBF's MECAB
and MECOD documents, except as modified herein, and in Frontier's applicable Tariffs.
The arrangements described in this Section 10 are intended to be used to provide
Switched Exchange Access Service where the transport component of the Switched
Exchange Access Service is routed through an access Tandem Switch that is provided
by Frontier.
10.2 ln each LATA, the Parties shall establish MPB arrangements for the applicable Carrier
Routing PoinVFrontier Serving lnterconnection Wire Center combinations.
10.3 lnterconnection for the MPB arrangement shall occur at each of the Frontier access
Tandems in the LATA, unless otherwise agreed to by the Parties.
10.
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10.4 Carrier 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.
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 Carrier Routing
PoinUFrontier Serving lnterconnection Wire Center combination, the MPB billing
percentages for transport between the Carrier 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 Carrier 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 Carrier shall provide Frontier with the Originating Switched Access Detail Usage Data
(EMl category 1101)fi 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 Carrier:
Scott Kell
Executive VP, Operations
Peerless Network of lllinois, LLC
222 South Riverside Plaza, Suite 1900
Chicago, lL 60606
To 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 30 of the General Terms and Conditions.
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10.11
10.12
10.13
10.14
10.15
10.16
10.17
Carrier 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 aftempt 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 't0 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.
800/888/877) (to the extent provided by an IXC) or any other non-geographic NPA which
may be designated for such traffic in the future.
ln the event Carrier determines to offer Telephone Exchange Services in a LATA in which
Frontier operates an access Tandem Switch, Frontier shall permit and enable Carrier to
subtend the Frontier access Tandem Switch(es) designated for the Frontier End Offices
in the area where there are located Carrier Routing Point(s) associated with the
NPfuNXX(s) to/from which the Switched Exchange Access Services are homed.
Except as otherwise mutually agreed by the Parties, the MPB billing percentages for
each Routing PoinUFrontier Serving lnterconnection \Mre Center combination shall be
calculated according to the following formula, unless as mutually agreed to by the
Parties:
a/(a+b)Carrier Billing Percentage
and
Frontier Billing Percentageb/(a+b)
where:
a = the airline mileage between Carrier Routing Point and the actual point of
interconnection for the MPB arrangement; and
[ = the airline mileage between the Frontier Serving lnterconnection \A/ire
Center and the actual point of interconnection for the MPB arrangement.
10.18 Carrier 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
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such arrangement. Wthin ten (10) Business Days of Carrier's delivery of notice to
Frontier, Frontier and Carrier shall confirm the Routing PoinVFrontier Serving
lnterconnection Wire Center combination and billing percentages.
11. Toll-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.,
800/877l888)("8YY") calls to the other Party. For the purposes of this Section 11, the terms
"translated" and "untranslated" refers to those toll-free service access code calls that have been
queried ("translated") or have not been queried ("untranslated") to an 8YY database. Except as
otherwise agreed to by the Parties, all Carrier originating "untranslated" 8YY traffic will be routed
over a separate One-Way miscellaneous Trunk group.
11.1 When Carrier delivers translated 8YY calls to Frontier to be completed by
11.1.1 an IXC:
11.1.1.1 Carrier will provide an appropriate EMI record to Frontier;
11.1.1.2 Carrier will bill the IXC the Carrier's applicable Switched Exchange
Access Tariff charges and the Carrier'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
11.1.2.2
11.1.3 a toll-free service access code service provider in that LATA:
11.1.3.1 Carrier will provide an appropriate EMI record to Frontier and the
toll-free service access code service provider;
11.1.3.2 Carrier will bill the toll-free service access code service provider the
Carrier's applicable Switched Exchange Access Tariff charges and
the Carrier's applicable Tariff query charges; and
11.2
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 Carrier to be completed by
11.2.1 Carrier:
11.2.1.1 Frontier will provide an appropriate EMI record to Carrier; and
11.2.1.2 Frontier will bill Carrier 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:
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Carrier will provide an appropriate EMI record to Frontier; and
Carrier will bill Frontier the Carrier's Switched Exchange Access
Tariff charges and the Carrier's applicable Tariff query charge.
11.2.2.1 Frontier will provide an appropriate EMI record to Carrier 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 Carrier will bill the toll-free service access code service provider the
Carrier's applicable Switched Exchange Access Tariff charges.
11.3
11.4
11.3.2
11.3.1.1
11.3.1.2
1 1.3.1.3
Frontier:
11.3.2.1
11.3.2.2
11.3.2.3
When Carrier delivers untranslated 8YY calls to Frontier to be completed by
11.3.1 an IXC:
Frontier will provide an appropriate EMI record to Carrier;
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 Carrier will bill the IXC Carrier's applicable Switched Exchange
Access Tariff charges.
Frontier will query the call and route the call to the appropriate IXC;
Frontier will query the call and complete the call;
Frontier will provide an appropriate EMI record to Carrier;
Carrier will bill Frontier the Carrier'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 Carrier 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 Carrier will bill the toll-free service access code service provider the
Carrier's applicable Switched Exchange Access Tariff charges.
Frontier will not direct untranslated toll-free service access code calls to Carrier.
12. Transit Service
12.1 As used in this Section, Transit Service is Telephone Exchange Service traffic that
originates on Carrier's network, and is transported through Frontie/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
Carried'), when neither the originating nor terminating customer is a Customer of Frontier.
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12.2
12.3
For the avoidance of any doubt, under no circumstances shall Frontier be required to
transit traffic through a Frontier Tandem to an End Office that does not have local
lnterconnection facilities and direct trunks to that particular Frontier Tandem. Switched
Exchange Access Service traffic is not Transit Service.
12.1.1 lf Carrier provides service using an NPA-NXX assigned to a rate center where
Frontier provides extended area service or an applicable regulatory authority
approved optional calling plan, and Carrier chooses to indirectly interconnect
by using the tandem switching facilities of a third par$, Frontier will have no
obligation to route and rate traffic to Carrier's NPA-NXX as an EAS call or
pursuant to an optional calling plan unless Carrier has established a trunking
and transiting arrangement for this traffic with Frontier and the other
telecommunications carrie(s) utilizing the trunk and providing transiting
service for the traffic.
Transit Service provides Carrier with the transport of Transit Service as provided below.
Transit Service may be routed over the lnterconnection Trunks described in Sections 2
through 6 of this Attachment. Carrier shall deliver each Transit Service call to Frontier's
Tandem with CCS and the appropriate Transactional Capabilities Application Part
("TCAP') message to facilitate full interoperability of CLASS Features and billing
functions.
12.3.1 Carrier may use Transit Service only for traffic that originates on Carrier's
network and only to send traffic to an Other Carrier with whom Carrier has a
reciprocaltraffic exchange arrangement (either via written agreement or
mutual tariffs) that provides for the Other Carrier, to terminate or complete
traffic originated by Carrier and to bill Carrier, and not to bill Frontier, for such
traffic. Carrier agrees not to use Frontieds Transit Service to send traffic to an
Other Carrier with whom Carrier does not have such a reciprocal traffic
exchange arrangement or to send traffic that does not originate on Carrier's
network.
12.4 Carrier shall pay Frontier for Transit 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 Carrier 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 Carrier, Frontier may provide notice to Carrier of such billing. Upon receipt of such
notice, Carrier shall immediately stop using Frontier's Transit 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 Carrier. Such certification must be signed by an
authorized officer or agent of the Other Carrier and must be in a form acceptable to
Frontier.
12.5 lf Carrier uses Transit 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"). Carrier 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 Carrier has not exercised good faith efforts
promptly to obtain such direct interconnection, either Party may use the Dispute
Resolution processes of this Agreement.
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12.6 lf Carrier 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.
12.7 lf or when a third party carrier plans to subtend a Carrier switch, then Carrier 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, Carrier
shall offer to Frontier a service arrangement equivalent to or the same as Transit Service
provided by Frontier to Carrier as defined in this Section such that Frontier may terminate
calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS
carrier, or other LEC, that subtends a Carrier Central Office or its equivalent ("Reciprocal
Tandem Transit Service"). Carrier 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.
12.8 Neither Party shall take any actions to prevent the other Party from entering into a direct
and reciprocal traffic exchange anangement with any carrier to which it originates, or
from which it terminates, traffic.
13. Number Resources, Rate Genter Areas and Routing Points
13.1 Nothing in this Agreement shall be construed to limit or othenruise adversely affect in any
manner either Party's right to employ or to request and be assigned any Central Office
Codes pursuant to the Central Office Code Assignment Guidelines and any relevant
FCC or Commission orders, as may be amended from time to time, or to establish, by
Tariff or otherwise, Rate Center Areas and Routing Points corresponding to such NXX
Codes.
13.2 lt shall be the responsibility of each Party to program and update its own switches and
network systems in order to recognize and route traffic to the other Party's assigned
NPA/NXX Codes. Except as expressly set forth in this Agreement, neither Party shall
impose any fees or charges whatsoever on the other Party for such activities.
13.3 Unless otherwise required by Commission order, the Rate Center Areas will be the same
for each Party. During the term of this Agreement, Carrier shall adopt the Rate Center
Area and Rate Center Points that the Commission has approved for Frontier within the
LATA and Tandem serving area. Carrier 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 Carrier will also designate a Routing Point for each assigned NXX Code. Carrier shall
designate one location for each Rate Center Area in which the Carrier has established
NXX Code(s) as the Routing Point for the NPA-NXXs associated with that Rate Center
Area, and such Routing Point shall be within the same LATA as the Rate Center Area but
not necessarily within the Rate Center Area itself. Unless specified othenarise, calls to
subsequent NXXs of Carrier will be routed in the same manner as calls to Carrie/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
Carrier's choices regarding the size of the local calling area(s) that Carrier may establish
for its Customers, which local calling areas may be larger than, smaller than, or identical
to Frontier's local calling areas.
14. Joint Network lmplementation and Grooming Process; Forecasting
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14.1 Joint Network lmplementation and Grooming Process
Upon request of either Party, the Parties shall jointly develop an implementation and
grooming process (the'Joint Grooming Process" or "Joint Process") which may define
and detail, inter alia:
14.1.1 standards to ensure that lnterconnection Trunks experience a grade of service,
availability and quality which is comparable to that achieved on interoffice
trunks within Frontier's network and in accord with all appropriate relevant
industry-accepted quality, reliability and availability standards. Except as
otherwise stated in this Agreement, trunks provided by either Party for
lnterconnection services will be engineered using a design-blocking objective
of 8.01.
14.1.2 the respective duties and responsibilities of the Parties with respect to the
administration and maintenance of the trunk groups, including, but not limited
to, standards and procedures for notification and discoveries of trunk
disconnects;
14.1.3
14.1.4
disaster recovery provision escalations;
additional technically feasible Point(s) of lnterconnection on Frontier's network
in a LATA as provided in Section 2 of this Attachment; and
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14.1.5 such other mafters 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 Reouirements. At least ninety (90) days before initiating
interconnection in a LATA, Carrier shall provide Frontier a two (2)-year traffic
forecast that includes the number, type, and capacity of trunks as well as a
description of anticipated major network projects. 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.
Orders for trunks that exceed forecasted quantities for forecasted locations will
be accommodated as facilities and/or equipment are available.
14.2.2 Onooino Trunk Forecast Requirements. Where the Parties have already
established interconnection in a LATA, Carrier shall provide a new or revised
traffic forecast when Carrier develops plans or becomes aware of information
that will materially affect the Parties' interconnection in that LATA. lnstances
that require a new or revised forecast include, but are not limited to: (a) Carrier
plans to deploy a new switch; (b) Carrier plans to implement a new POI or
network architecture; (c) Carrier plans to rearrange its network; (d) Carrier
expects a significant change in interconnection traffic volume; or (e) other
activities that are reflected by a significant increase or decrease in trunking
demand. ln addition, upon request by either Party, the Parties shall meet to: (i)
review traffic and usage data on End Office and Tandem lnterconnection
Trunk groups and (ii) determine whether the Parties should establish new
lnterconnection Trunk groups, augment existing lnterconnection Trunk groups,
or disconnect existing lnterconnection Trunks.
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 Carrier or
Frontier.
'/b
15. Number Portability - Section 251(BX2)
15.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
15.2 Procedures for Providing LNP (.Local Number Portability')
The Parties will adhere to all Number Portability Administration Center (NPAC) and North
American Numbering Council (NANC) requirements and in providing its own access to
regional NPAC and will follow the LNP provisioning process recommended by 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. To access LNP job
aids go to https://wholesale.frontier.com/wholesale/ under Local Services. Each Party is
responsible for providing its own access to the Service Order Administration (SOA). The
Parties shallprovide LNP on a reciprocalbasis.
15.2.1 Frontier will only provide LNP services and facilities where technically feasible,
subject to the availability of facilities, and only from properly equipped central
offices. An LNP telephone number may be assigned by Carrier only to
Carrier's End Users located within Frontier's rate center, which is associated
with the NXX of the ported number.
15.2.2 Carrier is responsible to coordinate with the local E9-1-1 and Public Services
Answering Point (PSAP) coordinators to insure a seamless transfer of End
User emergency services.
15.2.3 A Customer of one Party ("Party A") elects to become a Customer of the other
Party ("Party B"). The Customer elects to utilize the original telephone
number(s) 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 Customeds telephone numbe(s) from Party A's network to Party B's
network.
15.2.4 \y't/hen 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.
15.2.5 \A/hen 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. Party B may request that Party
A port all reserved numbers assigned to the Customer or that Party A port only
those numbers listed by Party B. As long as Party B maintains reserved but
inactive numbers ported for the Customer, Party A shall not reassign those
numbers. Party B shall not reassign the reserved numbers to another
Customer.
15.2.6 When a Customer of Party A ports their telephone numbers to Party B, Party A
shall implement the tendigit trigger in the donor switch where it is available.
Party A shall apply the ten-digit unconditional trigger to the Customer's line
before the due date of the porting activity. When the tendigit unconditional
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trigger is not available, Party A and Party B must coordinate the disconnect
activity.
15.2.7 The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the lnitialAddress Message (lAM), according to industry
standards.
15.2.8 Where LNP is commercially available, the NXXs in the office shall be defined
as portable, except as noted in 15.2.9, 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.
15.2.9 All N)fis 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 internaltesting and official use, and any other NXX codes
required to be designated as non-portable by the rules and regulations of the
FCC. NXX Codes assigned to mass calling on a choked network may not be
ported using LNP technology but are portable using methods established by
the NANC and adopted by the FCC, On a prospective basis, newly assigned
codes in switches capable of porting shall become commercially available for
porting with the effective date in the network.
15.2.10 Both Parties will participate in LNP testing in accordance with North American
Numbering Council (NANC) standards.
15.2.10.1 Carrier is required to meet all mutually agreed upon testing dates
and implementation schedules. Both Parties will perform testing as
specified in industry guidelines and cooperate in conducting any
additionaltesting to ensure interoperability between networks and
systems. Each party shall inform the other Party of any system
updates that may affect the other Party's network and each Party
shall, at the other Party's request perform tests to validate the
operation of the network.
15.2.11 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.
15.2.11.1 lf a Customer of Carrier ports their telephone number(s) to Party B,
and Frontier routes a call for that ported number to Carrier, Carrier
will route the callto Party B and may assess Frontier a charge not to
exceed Frontier's charge for a nonqueried call.
Procedures for Providing NP Through Full N)fi Code Migration.
Where Party A 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 N)(X either reserved for future use by that Customer or otherwise unused, if such
Customer chooses to receive Telephone Exchange Service from Party B, Party A shall
cooperate with Party B to have the entire NXX reassigned in the LERG (and associated
industry databases, routing tables, etc.) to an End Office operated by Party B. 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
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15.3
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 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 shallmake information available upon request showing
their respective LNP-capable End Offices, as set forth in this Section 15.4.
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 Carrier 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.
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TRAFFIC EXCHANGE ATTACHMENT
1.General
Where both Parties subtend the same Tandem Switch operated by a third party (such third pafty
hereinafter referred to as the'Third Party Tandem Provide/' and such switch hereinafter referred
to as the "Third Party Tandem Switch"), then, subject to the terms and conditions of this
Attachment, for those NPA/NXX codes assigned by each Party to Rate Center Areas served by
that Third Party Tandem Switch, the Parties may reciprocally exchange Reciprocal Compensation
Traffic, Measured lnternet Traffic, intraLATA Toll Traffic, and translated lntraLATA toll-free service
access code traffic, originated by their respective Customers, through that Third Party Tandem
Switch. For the avoidance of any doubt, nothing in this Attachment shall preclude the Parties
from interconnecting their networks in accordance with the lnterconnection Attachment, which
lnterconnection Attachment must be a part of the Agreement.
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 Within ninety (90) days of executing the Agreement, Carrier shall provide
Frontier a two (2)-year traffic forecast. This initial forecast will provide the
amount of traffic to be delivered to and from Frontier pursuant to this
Attachment, over the next eight (8) quarters.
2.2.2 Ongoing forecast requirements. Where the Parties are already exchanging
traffic through a Third Party Tandem Switch in a LATA, Carrier shall provide a
new or revised traffic forecast when Carrier develops plans or becomes aware
of information that will materially affect the Parties' exchange of traffic through
such Third Party Tandem Switch in that LATA. lnstances that require a new or
revised forecast include, but are not limited to: (i) Carrier plans to deploy a new
switch; (ii) Carrier plans to implement interconnection in accordance with the
lnterconnection Attachment or a new network architecture; (iii) Carrier plans to
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rearrange its network; or (iv) Carrier expects a significant change in traffic
volume.
2.2.3 Use of Forecasts. Forecasts provided pursuant to this Agreement are not
binding on Carrier or Frontier.
2.3 Prior to exchanging traffic through a Third Party Tandem Switch, Carrier 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 Carrier
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 Carrier 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, Carrier 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) Carrie/s proposed
traffic exchange activation date; (b) a forecast of Carrier'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 Aftachment.
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 Attachment, by traffic type
(i.e., Reciprocal Compensation Traffic, Measured Internet Traffic, intral-ATA 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 'l and Traffic Factor 2. ln any
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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 Internet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC lnternet Order that
traffic delivered to a carrier that exceeds a 3:1 ratio of terminating to originating traffic is
Measured lnternet Traffic, and in accordance with the process established by the FCC
lnternet Order for rebutting such presumption before the Commission).
Each Party 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.
Nothing in this Agreement shall be construed to limit either Party's ability to designate the
areas within which that Party's Customers may make calls which that Party rates as
"local" in its Customer Tariffs.
lf and, to the extent that, a Carrier Customer receives V/FX Traffic exchanged under this
Attachment, Carrier 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 Carrier Customers.
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 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
Carrier shall pay Frontier) the End Office Reciprocal Compensation rate set forth in the
Pricing Aftachment for Reciprocal Compensation Traffic Frontier receives from Carrier
and Carrier shall charge (and Frontier shall pay Carrier) the End Office Reciprocal
Compensation rate set forth in the Pricing Attachment for Reciprocal Compensation
Traffic Carrier receives from Frontier. No additional charges shall be assessed by the
terminating Party for the transport and termination of such traffic received from the other
Party; provided, however, for the avoidance of any doubt, neither Party may assess
upon, or pass through to, the other Party any charges billed by (or on behalf of) the Third
Party Tandem Provider. The designation of traffic as Reciprocal Compensation Traffic
for purposes of Reciprocal Compensation shall be based on the actual originating and
terminating points of the complete end-to-end communication.
5.2 Traffic Not Subject to Reciprocal Compensation.
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4.3
4.5
4.4
5. Reciprocal Compensation Arrangements Purcuant to Section 25f (bxs) of the Act
5.1 ReciprocalCompensation
5.2.1
5.2.2
5.2.3
Reciprocal Compensation shall not apply to interstate or intrastate Exchange
Access (including, without limitation, Virtual Foreign Exchange Traffic (i.e.,
V/FX Traffic)), lnformation Access, or exchange services for Exchange Access
or lnformation Access.
Reciprocal Compensation shall not apply to lnternet Traffic.
Reciprocal Compensation shall not apply to TollTraffic, including, but not
limited to, calls originated on a 1+ presubscription basis, or on a casual dialed
(10XXX101XXXX) 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.
Reciprocal Compensation shall not apply to Tandem Transit Traffic.5.2.6
5.2.7 Reciprocal Compensation shall not apply to Voice lnformation Seruice Traffic
(as defined in Section 5 of the Additional Services Attachment).
5.2.8 Reciprocal Compensation shall not apply to traffic that is not subject to
Reciprocal Compensation under Section 251(bxs) of the Act.
5.2.9 Reciprocal Compensation shall not apply to Virtual Foreign Exchange Traffic
(i.e., V/FX Traffic). As used in this Agreement, 'Virtual Foreign Exchange
Traffic" or'V/FX Traffic" is defined as calls in which a Carrier Customer is
assigned a telephone number with an NXX Code (as set forth in the LERG)
associated with an exchange that is different than the exchange (as set forth in
the LERG) associated with the actual physical location of such Customer's
station. For the avoidance of any doubt, Carrier shall pay Frontier's originating
access charges for all V/FX Traffic originated by a Frontier Customer, and
Carrier shall pay Frontier's terminating access charges for all V/FX Traffic
originated by a Carrier Customer.
5.3 The Reciprocal Compensation rates (including, but not limited to, the Reciprocal
Compensation per minute of use charges) billed by Carrier to Frontier shall not exceed
the ReciprocalCompensation rates (including, but not limited to, Reciprocal
Compensation per minute of use charges) billed by Frontier to Carrier.
Other Types of Traffic
6.1 Notwithstanding any other provision of this Agreement or otherwise: (a) the Parties'
rights and obligations with respect to any intercarrier compensation that may be due in
connection with their exchange of lnternet Traffic shall be governed by the terms of the
FCC lnternet Order and other applicable FCC orders and FCC Regulations; and, (b) a
Party shall not be obligated to pay any intercarrier compensation for lnternet Traffic that
is in excess of the intercarrier compensation for lnternet Traffic that such Party is required
to pay under the FCC lnternet Order and other applicable FCC orders and FCC
Regulations.
6.2 Subject to Section 6.1 of this Attachment, lntraLATA Toll Traffic exchanged under this
Attachment shall be governed by the applicable provisions of this Agreement and
applicable Tariffs.
6.3 For any traffic originating with a third party carrier and delivered by Carrier to Frontier,
Carrier shall pay Frontier the same amount that such third party carrier would have been
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6.
7
obligated to pay Frontier for termination of that traffic at the location the traffic is delivered
to Frontier by Carrier.
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 Aftachment. 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 Carrier delivers translated lntraLATA 8W calls to Frontier for completion:
7.1.1 by Frontier:
7.1.1.1 Carrier will provide an appropriate EMI record to Frontier; and
7.1.1.2 Carrier will bill Frontier the Carrier's Switched Exchange Access
Tariff charges and the Carrier's applicable Tariff query charge.
7.1.2 by a toll-free service access code service provider in that LATA:
7.1.2.1 Carrier will provide an appropriate EMI record to Frontier and the
toll-free service access code service provider; and
7.1.2.2 Carrier will bill the toll-free service access code service provider the
Carrier's applicable Switched Exchange Access Tariff charges and
the Carrier's applicable Tariff query charges; and
7.1.2.3 Frontier will bill the toll-free service access code service provider
Frontier's applicable Switched Exchange Access Tariff charges.
7.2 When Frontier performs the query and delivers translated lntraLATA 8W calls, originated
by Frontier's or another LEC's Customer for completion:
7.2.1 by Carrier:
7.2.1.1 Frontier will provide an appropriate EMI record to Carrier; and
. 7.2.1.2 Frontier will bill Carrier 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 Carrier 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 Carrier will bill the toll-free service access code service provider the
Carrier's applicable Switched Exchange Access Tariff charges.
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7.3 Frontier will not direct untranslated toll-free service access code calls to Carrier. Carrier
will not direct untranslated toll-free service access code calls to Frontier.
8. Number Resources, Rate Center Areas and Routing Points
8.1 Nothing in this Agreement shall be construed to limit or otherwise adversely affect in any
manner either Party's right to employ or to request and be assigned any Central Office
Codes ('NXX') pursuant to the Central Office Code Assignment Guidelines and any
relevant FCC or Commission orders, as may be amended from time to time, or to
establish, by Tariff or otherwise, Rate Center Areas and Routing Points corresponding to
such NXX codes.
8.2 It shall be the responsibility of each Party to program and update its own switches and
network systems pursuant to information provided in the LERG in order to recognize and
route traffic to the other Party's assigned NXX codes. Except as expressly set forth in
this Agreement, neither Party shall impose any fees or charges whatsoever on the other
Party for such activities.
8.3 Unless otherwise required by Commission order, the Rate Center Areas will be the same
for each Party. During the term of this Agreement, Carrier shall adopt the Rate Center
Area and Rate Center Points that the Commission has approved for Frontier within the
LATA and Tandem serving area. Carrier shall assign whole NPA-NXX codes to each
Rate Center Area unless othenrvise ordered by the FCC, the Commission or another
governmental entity of appropriate jurisdiction, or the LEC industry adopts alternative
methods of utilizing M(Xs.
8.4 Carrier will also designate a Routing Point for each assigned NXX code. Carrier shall
designate one location for each Rate Center Area in which the Carrier has established
NXX code(s) as the Routing Point for the NPA-NXXs associated with that Rate Center
Area, and such Routing Point shall be within the same LATA as the Rate Center Area but
not necessarily within the Rate Center Area itself. Unless specified otherwise, calls to
subsequent NXXs of Carrier will be routed in the same manner as calls to Carrier's initial
NXXs.
8.5 Notwithstanding anything to the contrary contained herein, nothing in this Agreement is
intended, and nothing in this Agreement shall be construed, to in any way constrain
Carrier's choices regarding the size of the local calling area(s) that Carrier may establish
for its Customers, which local calling areas may be larger than, smaller than, or identical
to Frontier's localcalling areas.
9. Number Portability - Section 25{(BX2)
9.1 Scope.
The Parties shall provide Number Portability (NP) in accordance with rules and
regulations as from time to time prescribed by the FCC.
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 originaltelephone
number(s) corresponding to the Telephone Exchange Service(s) it previously
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9.2
9.2.2
9.2.3
9.2.4
9.2.5
9.2.6
9.2.7
9.2.8
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.
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 shallnot reassign the reserved numbers to
another Customer.
When a Customer of Party A ports their telephone numbers to Party B, in the
process of porting the Customer's telephone numbers, Party A shall implement
the ten-digit trigger feature where it is available. When Party A receives the
porting request, the unconditional trigger shall be applied to the Customer's
line before the due date of the porting activity. When the ten-digit unconditional
trigger is not available, Party A and Party B must coordinate the disconnect
activity.
The Parties shall furnish each other with the Jurisdiction lnformation
Parameter (JlP) in the Initial Address Message (lAM).
\Mere 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.
All N)fis 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.
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.
86
9.3 Procedures for Providing NP Through Full NXX Code Migration
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Where a Party has activated an entire NXX for a single Customer, or activated at least
eighty percent (80%) of an NXX for a single Customer, with the remaining numbers in
that NXX either reserved for future use by that Customer or otherwise unused, if such
Customer chooses to receive Telephone Exchange Service from the other Party, the first
Party shall cooperate with the second Party to have the entire NXX reassigned in the
LERG (and associated industry databases, routing tables, etc.) to an End Office operated
by the second Party. Such transfer will be accomplished with appropriate coordination
between the Parties and subject to appropriate industry lead times for movements of
NXXs from one switch to another. Neither Party shall charge the other in connection with
this coordinated transfer.
9.4 Procedures for LNP Request.
The Parties shall provide for the requesting of End Office LNP capability on a reciprocal
basis through a written request. The Parties acknowledge that Frontier has deployed
LNP throughout its network in compliance with FCC 96-286 and other applicable FCC
Regulations.
9.4.1 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.
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 shallmake information available upon request showing
their respective LNP-capable End Offices, as set forth in this Section 9.4.
9.5 Carrier 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 Frontier's 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 Carrier 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.
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RESALE ATTACHMENT
1. General
Frontier shall provide to Carrier, 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 Carrier; provided, that notwithstanding any other
provision of this Agreement, Frontier shall be obligated to provide Telecommunications Services
to Carrier only to the extent required by Applicable Law and may decline to provide a
Telecommunications Service to Carrier to the extent that provision of such Telecommunications
Service is not required by Applicable Law. Resale means an activity wherein Carrier subscribes
to the retail telecommunications services of Frontier and then re-offers and provides those
telecommunications services to the public under its own company name.
2. Use of Frontier Telecommunications Services
2.1 Frontier Telecommunications Services may be purchased by Carrier under this Resale
Attachment at a wholesale discount only for the purpose of resale by Carrier as a
Telecommunications Carrier for retail services made available to End Users and uses
conforming to the class of service restrictions in Frontier's Local Exchange Service Tariff
and pursuant to all rules and regulations related to the provision of local exchange
services promulgated by the applicable Commission.. Frontier Telecommunications
Services to be purchased by Carrier for other purposes (including, but not limited to,
Carrier's own use) must be purchased by Carrier pursuant to other applicable
Attachments to this Agreement (if any), or separate written agreements, including, but not
limited to, applicable Frontier Tariffs.
2.2 Carrier 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;
2.2.4 Calling card, employee concession services, promotional service offers less
than 90 days, inside wire, installment billing options, enhanced services
(excluding voice mail), end user premise equipment, 9-1-1 and E9-1-1
services, interconnection services, legislatively or administratively mandated
specialized discounts (e.9., educational institution discounts); or
2.2.5 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.
2.2.6 In addition to any other actions taken by Carrier to comply with this Section
2.2, Carrier shall take those actions required by Applicable Law to determine
the eligibility of Carrier 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.
Carrier shall indemnify Frontier from any Claims resulting from Carrier's failure
to take such actions required by Applicable Law.
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2.3
2.4
2.2.7 Frontier may perform audits to confirm Carrier'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.
Carrier shall be subject to the same limitations that Frontier's Customers are subject to
with respect to any Telecommunications Service that Frontier grandfathers or
discontinues offering. Without limiting the foregoing, except to the extent that Frontier
follows a different practice for Frontier Customers in regard to a grandfathered
Telecommunications Service, such grandfathered Telecommunications Service: (a) shall
be available only to a Customer that already has such Telecommunications Service; (b)
may not be moved to a new service location; and (c) will be furnished only to the extent
that facilities continue to be available to provide such Telecommunications Service.
Resold services can only be used in the same manner as specified in Frontieds Tariff.
Resold services are subject to the same terms and conditions as are specified for such
services when furnished to an individual End User of Frontier in the appropriate section of
Frontier's Tariff. Specific Tariff features, e.9., a usage allowance per month, will not be
aggregated across multiple resold services. Resold services cannot be used to aggregate
traffic from more than one End User.
2.5 Carrier shall not be eligible to participate in any Frontier plan or program under which
Frontier Customers may obtain products or services, which are not Frontier
Telecommunications Services, in return for trying, agreeing to purchase, purchasing, or
using Frontier Telecommunications Services.
2.6 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
Carrier Customers.
3. Availability of Frontier Telecommunications Services
3.1 Frontier will provide a Frontier Telecommunications Service to Carrier for resale pursuant
to this Attachment only where and to the same extent that such Frontier
Telecommunications Service is provided to Frontier's Customers. Carrier may resell
Frontier's services only within Frontier's specific service area as defined in Frontier's
Tariff.
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
Carrier.
To the extent required by Applicable Law, the Frontier Telecommunications Services to
be provided to Carrier for resale pursuant to this Attachment will include a Frontier
Telecommunications Service customer-specific contract service arrangement ('CSA')
(such as a customer specific pricing arrangement or individual case based pricing
arrangement) that Frontier is providing to a Frontier Customer at the time the CSA is
requested by Carrier.
4. Responsibility for Charges
4.1 Carrier 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 Carrier, Carrier
Customers or any other persons, through, by means of, or in association with,
3.2
3.3
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4.2
Telecommunications Services provided by Frontier to Carrier pursuant to this Resale
Attachment.
A subscriber line charge (SLC) or any federally mandated or state approved charge to
End Users included in Frontier's tariffs will continue to be paid by Carrier without discount
for each local exchange line resold under this Agreement.
Law enforcement agency subpoenas and court orders regarding End Users of Carrier will
be directed to Carrier. Frontier will bill Carrier for implementing any requests by law
enforcement agencies regarding Carrier End Users. Frontier will cooperate fully with law
enforcement agencies with subpoenas and court orders for assistance with Carrier's End
Users.
Carrier is liable for all fraud associated with service to its End Users and accounts.
Frontier takes no responsibility, will not investigate, and will make no adjustments to
Carrier's account in cases of fraud unless such fraud is the result of intentional
misconduct or gross negligence of Frontier.
Upon request by Carrier, Frontier will provide for use on resold Frontier retail
Telecommunications Service dial tone lines purchased by Carrier such Frontier retail
Telecommunications Service callblocking and call screening services as Frontier
provides to its own end user retail Customers, where and to the extent Frontier provides
such Frontier retail Telecommunications Service call blocking services to Frontier's own
end user retail Customers. Carrier 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 Carrier's purchase of such blocking or screening services, Carrier's
end user Customers or other persons ordering, activating or using Telecommunications
Services on the resold dialtone lines may complete or accept calls which Carrier
intended to block. Notwithstanding the foregoing, Carrier shall be responsible for and
shall pay Frontier all charges for Telecommunications Services provided by Frontier or
provided by persons other than Frontier and billed for by Frontier in accordance with the
terms of Section 4.1 above.
4.3
4.5
5. Operations Matters
5.1 Facilities.
5.'1.1
5.1.2
5.1.3
4.4
Frontier and its suppliers shall retain all of their right, title and interest in all
facilities, equipment, software, information, and wiring used to provide Frontier
Telecommunications Services.
Frontier shall have access at all reasonable times to Carrier Customer
locations for the purpose of installing, inspecting, maintaining, repairing, and
removing, facilities, equipment, software, and wiring used to provide the
Frontier Telecommunications Services. Carrier shall, at Carrier's expense,
obtain any rights and authorizations necessary for such access.
Except as otherwise agreed to in writing by Frontier, Frontier shall not be
responsible for the installation, inspection, repair, maintenance, or removal of
facilities, equipment, software, or wiring provided by Carrier or Carrier
Customers for use with Frontier Telecommunications Services.
5.1.3.1 Carrier accepts responsibility to notifu Frontier of situations that may
arise which result in service problems.
5.1.3.2 Carrier will be the single point of contact for all repair calls on behalf
of Carrie/s End Users.
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6.
5.1.3.3 Carrier will contact the appropriate repair centers in accordance with
procedures established by Frontier.
5.1.3.4 For all repair requests, Carrier accepts responsibility for adhering to
Frontier' prescreening guidelines prior to referring the trouble to
Frontier.
5.1.3.5 Frontier will bill Carrier for handling troubles that are found not to be
in Frontier' network pursuant to its standard time and material or
dispatch charges as set forth in Frontier' Tariff.
5.1 .3.6 Frontier reserves the right to contact Carrier's End User if deemed
necessary, for maintenance purposes in an emergency or as a
result of a service call which Carrier may initiate.
Mai ntenance of Services
6.1 Services resold by Frontier will be maintained by Frontier, up to and including the
Network lnterface Device.
6.2 Carrier or its End Users may not rearrange, move, disconnect, add additional services,
remove or attempt to repair any facilities owned by Frontier, other than by connection or
disconnection to any interface means used.
6.3 Carrier acknowledges that any chat line services being offered by Carrier over Frontier's
facilities shall only be provisioned by Frontier on a blockable "NXX" central office code.
Branding.
7.1 Except as stated in Section 7.2 of this Attachment, in providing Frontier
Telecommunications Services to Carrier, 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 Carrier to use Frontier's Marks.
7.2 To the extent required by Applicable Law, upon request by Carrier and at prices, terms
and conditions to be negotiated by Carrier and Frontier, Frontier shall provide Frontier
Telecommunications Services for resale that are identified by Carrier's trade name, or
that are not identified by trade name, trademark or service mark.
7.3 lf Frontier uses a third-party contractor to provide Frontier operator services or Frontier
directory assistance, Carrier will be responsible for entering into a direct contractual
arrangement with the third-party contractor at Carrier's expense (a) to obtain identification
of Frontier operator services or Frontier directory assistance purchased by Carrier for
resale with Carrier's trade name, or (b) to obtain removal of Frontier Marks from Frontier
operator services or Frontier directory assistance purchased by Carrier for resale.
Rates and Charges
8.1 The rates and charges for Frontier Telecommunication Services purchased by Carrier for
resale pursuant to this Attachment shall be as provided in this Attachment and the Pricing
Attachment.
8.2 lf telephone service is established and it is subsequently determined that the class of
service restriction has been violated, Carrier will be notified and billing for that service will
be retroactively changed to the appropriate class of service. Service charges for
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7
8.
changes between classes of service, back billing, and interest as described in this
subsection will apply at Frontier's sole discretion. lnterest will apply at the rate oi 1.5o/o
per month or 18o/o annually, or the maximum allowed by law, whichever is less,
compounded daily for the number of days from the back billing date to and including the
date that Carrier actually makes the payment to Frontier may be assessed.
9. Discontinuance of Seruice to End User
The procedures for temporarily denying or permanently disconnecting service to an End User are
as follows:
9.1 Frontier will temporarily deny service to Carrier's End User on behalf of, and at the
request of Carrier. Upon restoration of the End User's service, restoral charges will apply
and will be charged to the master account of Carrier.
9.2 All requests by Carrier for temporary denial, restoration, or permanent disconnection of
an End User for nonpayment must be in writing and must be on, or accompanied by, the
appropriate ordering form. Carrier is responsible for compliance with regulatory
requirements for termination and temporary disconnection of service to End User(s).
9.3 Carrier will be solely responsible for notifying the End User, in advance, of the proposed
temporary denial or permanent disconnection of the service.
Frontier will advise Carrier when it is determined that annoyance calls are originated from
one of their End User's locations. Frontier will be indemnified, defended and held
harmless by Carrier and/or the End User against any claim, loss, or damage arising from
providing this information to Carrier. lt is the responsibility of Carrier to take the
corrective action necessary with its End Users who make annoying calls. Failure to do so
may at Frontier's option result in Frontier disconnecting the End User's service.
10. Discontinuance of Service to Carrier
Unless othenryise defined by the Commission, where Carrier discontinues its provision of service
to all or substantially all of its End Users, Carrier must send advance written notice of such
discontinuance to Frontier, comply with any applicable Commission regulatory requirements and
to each of Carrier's End Users. Such notice must include a verification that Carrier has notified its
End Users of the discontinuance and must state the date on which such End User notice was
mailed. lf the End User fails to make other arrangements within fifieen (15) days of the date of
notice provided by Carrier, Frontier will serve the End User at its retail rates as if the End User
had applied for new service, subject to Frontier's retail connection charges and other
requirements applicable to other new End Users including but not limited to payment of deposits,
advance payments and prior amounts owing to Frontier.
11. 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 Carrier 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.
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9.4
1
N ETWORK ELEMENTS ATTACHMENT
Genera!
1.1 Frontier shall provide to Carrier, in accordance with this Agreement (including, but not
Iimited 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 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 Carrier 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 Carrier to the extent that provision of such
UNEs, Combinations, or Commingling is not required by the Federal Unbundling Rules.
1.2 To the extent that Frontier files a tariff that specifies terms, conditions, or rates for the
pedormance of any action or obligation that would othenvise be governed by this
Agreement and such tariff is duly approved by an appropriate governmental agency with
jurisdiction over its subject matter, the terms, conditions, and/or rates of this Agreement
will be superseded by the tariff.
1.3 FTontiCT DOES NOT WARRANT THAT UNBUNDLED NETWORK ELEMENTS ARE
COMPATIBLE WTH ANY SPECIFIC FACILITIES OR EQUIPMENT OR CAN BE USED
FOR ANY PARTICULAR PURPOSE OR SERVICE. Transmission characteristics may
vary depending on the length of the unbundled local loop and may vary due to
characteristics inherent in the physical network. Unbundled Local Loop specifications
described in this agreement apply only to the Unbundled Local Loop as defined herein.
Frontier, in order to properly maintain and modernize the network, may make necessary
modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in changes to transmission parameters.
1.4 When ordering Unbundled Network Elements, Carrier is responsible for obtaining or
providing facilities and equipment that are compatible with the service.
1.5 Carrier will have responsibility for testing the equipment, network facilities and the
Unbundled Local Loop facility.
1.6 UNEs may not be used to provide any service that would degrade or otherwise adversely
affect Frontier network services, e.9., introduce harmful voltages or electrical currents in
excess of standards used in common industry practice. Frontier will provide Carrier each
Unbundled Local Loop type according to the technical parameters specified for each
Unbundled Local Loop in Section 3 below. Frontier will determine the medium over which
the Unbundled Local Loop is provisioned to meet the appropriate technical parameters,
except that, if Carrier requires a specific type of Unbundled Local Loop to meet the
technical requirements of a proposed service, Frontier will consider the request on a
case-by-case basis.
1.7 It is Carrier's responsibility to provision and provide E9-1-1 Services to its End Users that
are provisioned utilizing Frontier UNEs.
1.8 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)
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Frontier shall have no obligation to construct, modify, or deploy facilities or equipment to
offer any UNE or Combination, however, in the event any modification of Frontier facilities
is required to implement an unbundled local loop at any given location, and Frontier
agrees to do so, additional charges will apply.
1.9 Carrier shall access Frontier Unbundled Network Elements specifically identified in this
Agreement via Collocation at the Frontier Wire Center where those elements exist and
each UNE shall be delivered to Carrier's collocation at applicable rates set forth herein.
1.10 Carrier 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
Carrier. Without limiting the foregoing, Carrier 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.
1.10.1 Frontier shall not be obligated to provide to Carrier, and Carrier shall not
request from Frontier, access to a proprietary advanced intelligent network
service.
1.11 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 Carrier on an unbundled basis or
in combination with other Network Elements.
1.12 lmplementation. To ensure correct provisioning, Frontier highly recommends that Carrier
and Frontier have a technical meeting prior to Carrier ordering Unbundled Network
Elements. Certain of Frontier geographical areas are currently served via Digital Loop
Carrier (DLC) or Remote Switching Technology. lf Carrier requests one or more
Unbundled Network Elements in these areas, Frontier will notify Carrier of the lack of
available facilities. Carrier may request alternative arrangements if they are available.
Additional charges may apply. Frontier will determine separate charges for each request.
Carrier agrees to pay the quoted charges prior to commencement of work.
1.13 lf as the result of Carrier Customer actions (e.9., Customer Not Ready ('CNR')), Frontier
cannot complete requested work activity when a technician has been dispatched to the
Carrier Customer premises, Carrier will be assessed a non-recurring charge associated
with this visit. This charge will be the sum of the applicable Service Order charge as
provided in the Pricing Attachment and the Customer Not Ready Charge provided for in
the Pricing Attachment (or, in the absence of a Customer Not Ready Charge, the
Premises Visit Charge as provided in Frontier's applicable retail or wholesale Tariff or in
the Pricing Attachment).
1.14 Absence or Cessation of Unbundlinq Obliqation and Related Provisions. The following
provisions shall apply notwithstanding any other provision of this Agreement or any
Frontier Tariff or SGAT:
1.14.1 DiscontinuedFacilities
1.14.1.1 Frontier may cease offering or providing Carrier 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
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1.14.2
offering or providing unbundled access to such Discontinued
Facility immediately upon the Effective Date without further notice to
Carrier. lf 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, 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, provided it has given at least ninety (90) days written notice of
discontinuance.
1.14.1.2 Where Frontier is permitted to cease providing a Discontinued
Facility pursuant to Section 1.14.1.1 above and Carrier has not
submifted 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 Carrier. ln lieu of disconnecting the subject
Discontinued Facility in the foregoing circumstances, Frontier, in its
sole discretion, may elect to: (a) convert the subject Discontinued
Facility to an arrangement available under a Frontier access tariff
(in which case month-to-month rates shall apply unless a different
rate applies under an applicable special access term/volume plan or
other special access tariff arrangement in which Carrier is then
enrolled), a resale arrangement, or other analogous arrangement
that Frontier shall identify or has identified in writing to Carrier, or
(b) in lieu of such a conversion, reprice the subject Discontinued
Facility by application of a new rate (or, in Frontie/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 Carrier is then enrolled), a resale
arrangement, or other analogous arrangement that Frontier shall
identify or has identified in writing to Carrier; provided, however,
that Frontier may disconnect the subject Discontinued Facility (or
the replacement service to which the Discontinued Facility has been
converted) if Carrier fails to pay when due any applicable new rate
or surcharge billed by Frontier.
Notwithstanding any other provision of the Agreement, Carrier shall not
request or obtain, and Frontier may reject any Carrier order for, a DS1 Loop, a
DS3 Loop, DSI Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber
Transport, including, but not limited to, any of the foregoing elements that
constitute part of a Combination or that Carrier seeks to convert from another
wholesale service to an unbundled network element (collectively, "TRRO
Certification Elements"): (a) in any case where Carrier's order conflicts with a
provision of a Frontier Tariff, (b) in any case where Carrier's order conflicts
with a non-impaired UNE Wire Center designation set forth in a Wire Center
List that Frontier has made available to Carrier by notice and/or by publication
on Frontier's wholesale website, (c) in any case where Carrie/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 Carrier was a party to such
dispute resolution), or (d) as otherwise permitted under the Federal
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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). lf, Carrier, inadvertently or otherwise, submits to Frontier an order
that conflicts with this section and Frontier, inadvertently or otherwise,
provisions the order on a Section 251 UNE basis, then upon thirty (30) days
written notice from Frontier the subject service, facility or arrangement shall be
treated as a Discontinued Facility under Section 1.14.1.2 above. The new non-
UNE rate and/or surcharge that applies to the Discontinued Facility under
Section 1.14.1.2 shall be applied retrospectively back to the date of
provisioning (including, but not limited to, late payment charges for the unpaid
difference between UNE rates and the new non-UNE rate and/or surcharge
that applies under Section 1.14.1.2).
1.15 Limitation With Resoect to Replacement Arranoements. Notwithstanding any other
provision of this Agreement, any negotiations regarding any UNE-replacement
arrangement, facility, service or the like that Frontier is not required to provide under the
Federal Unbundling Rules (including without limitation any arrangement, facility, service
or the like that Frontier offers under an access tariff) shall be deemed not to have been
conducted pursuant to the Agreement, 47 U.S.C. S 252(aXl), or 47 C.F.R. Part 51, and
shall not be subject to arbitration or other requirements under to 47 U.S.C. $ 252(b). Any
reference in this Attachment to Frontier's provision of an 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.
1.16 Responsibilities of the Parties. Ninety days prior to submitting any Unbundled Local Loop
service orders, Carrier must provide to Frontier forecasts of the numbers of Loops that
Carrier plans to order from Frontier at the exchange level. Thereafter, Carrier will update
the forecasts on a quarterly basis. The form for submifting initial & subsequent quarterly
forecasts is the CLEC Master Account Questionnaire and can be found at
https://wholesale.frontier.com/wholesale under Getting Started.
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 Carrier 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
2.4
Sub-Loops, as set forth in Section 5 of this Aftachment;
Dark Fiber Transport (sometimes referred to as "Dark Fiber lOF"), as set forth in Section
6 of this Attachment;
2.5
2.6
Network lnterface Device, as set forth in Section 7 of this Attachment;
Dedicated Transport (may also be referred to as'lnteroffice Transmission Facilities") (or
'lOF'), as set forth in Section 8 of this Attachment;
2.7 Operations Support Systems, as set forth in Section 9 of this Attachment; and
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3.
2.8 Other UNEs in accordance with Section 10 of this Attachment.
Loop Transmission Types
3.1 Subject to the conditions set forth in Section 1 of this Attachment, Frontier shall allow
Carrier 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 Carrier 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 3.4 below, and Hybrid Loops, in Section 3.5
below, the available Loop types are as set forth below:
3.1.1 '2 Wire Analog Voice Grade Loop" or'Analog 2W' provides an effective 2-wire
channel with 2-wire interfaces at each end that is suitable for the transport of
analog Voice Grade signals that support 300 to 3000 Hz and may include load
coils, bridge taps, etc. 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. Frontier will not build new facilities or modify existing
facilities except to the extent required in Section 13 of this Aftachment.
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 signals that support 300 to 3000 Hz with send and receive
transmission paths and may include load coils, bridge taps, etc. 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. Frontier will not build new facilities or modify existing
facilities except to the extent required in Section 13 of this Aftachment.
3.1.3 "2-Wire ISDN Digital Compatible Loop" or'BRl ISDN' provides a channelwith
2-wire interfaces at each end that is suitable for the transport of 160 kbps
digital services using the ISDN 2B1Q line code. This Loop type is more fully
described in American National Standards lnstitute (ANSI) T1.601-1998 and
Frontier TR72575, as revised 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. Frontier will not
build new facilities or modifl7 existing facilities except to the extent required in
Section 13 of this Attachment.
3.1.4 '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 modiflt existing facilities except to the extent required in Sections
3.2 or 13 of this Attachment. The upstream and downstream ADSL power
spectral density masks and dc line power limits in Frontier TR 72575, as
revised from time-to-time, must be met. "2-\Mre 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-\Mre HDSL-Compatible
Loops will be provided only where existing facilities are available and can meet
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3.1 .5
3.1.6
3.1.7
3.1.8
applicable specifications. Frontier will not build new facilities or modify
existing facilities except to the extent required in Sections 3.2 or 13 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 fR72575, 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 13 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
Carrier in accordance with, and subject to, the technical specifications set forth
in FrontierTR-72575, as revised from time-to-time. Frontierwillnot build new
facilities or modify existing facilities except to the extent required in Section 13
of this Attachment.
'DSl Loops" provide a digital transmission channel suitable for the transport of
1.544 Mbps digital signals. This Loop type is more fully described in Frontier
TR72575, as revised from time to time. The DS1 Loop includes the electronics
necessary to provide the DSI transmission rate. lf, at the requested
installation date, the electronics necessary to provide the DS1 transmission
rate are not available for the requested DSI Loop, then Frontier will not install
new electronics except to the extent required in Section 13 of this Attachment.
Frontier will not build new facilities and will not modify existing facilities except
to the extent required in Section 13 of this Attachment. 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 Carrier,
the DS1 Loop will be furnished with Clear Channel (B8ZS) signaling. Frontier
will not install new electronics to furnish Clear Channel (B8ZS) signaling. For
purposes of provisions implementing any right Frontier may have to cease
providing unbundled access to DS1-capacity Loops under the TRRO pursuant
to Section 1 of this Attachment, the term "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 rale ot 44.736 Mbps (the equivalent of 28 DSI channels). 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 13 of
this Attachment. Frontier will not build new facilities and will not modify
existing facilities except to the extent required in Section 13 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
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3.1.9
3.1.10
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 Aftachment that
provides a digital transmission channel suitable for the transport o144.736
Mbps digital signals, regardless of whether the subject Loop meets the specific
definition of a DS3 Loop set forth in this section.
'Conditioned Loops" are comprised of designed loops that meet specific
Carrier requirements for metallic loops over 12k fi. or for conditioning of 2-wire
or 4-wire digital or BRI ISDN Loops. "Conditioned Loops" may include
requests for:
3.1 .9.1 a 2W Digital Loop with a total loop length of 12k to 30k ft., unloaded,
with the option to remove bridged tap (such a Loop, unloaded, with
bridged tap so removed shall be deemed to be a'2W Digital
Compatible Loop");
3.1.9.2 a 2W Digital Loop of 12k to 18k ft. with an option to remove load
coils and/or bridged tap (such a Loop with load coils and/or bridged
tap so removed shall be deemed to be a'2W DigitalCompatible
Loop");
3.1.9.3 a 2W Digital or 4W Digital Loop of less than 12k ft. with an option to
remove bridged tap (such a 2W Loop with bridged tap so removed
shall be deemed to be a "2W DigitalCompatible Loop');
3.1.9.4 a 2W Digital Loop with Frontier-placed ISDN loop extension
electronics (such a Loop with ISDN loop extension electronics so
placed shall be deemed to be a "2W Digital Compatible Loop").
Frontier shall make Conditioned Loops available to Carrier at the rates as set
forth in the Pricing Attachment. Carrier agrees to pay the quoted charges prior
to commencement of work.
3.2 The following ordering procedures shall apply to xDSL Compatible Loops, Digital
Designed and Conditioned Loops:
3.2.1 Carrier shall place orders for xDSL Compatible Loops, Digital Designed and
Conditioned Loops by delivering to Frontier a valid electronic transmittal
Service Order or other mutually agreed upon type of Service Order. Such
Service Order shall be provided in accordance with industry format and
specifications or such format and specifications as may be agreed to by the
Parties.
3.2.2 The Parties will make reasonable efforts to coordinate their respective roles in
order to minimize provisioning problems. ln general, where conditioning or
loop extensions are requested by Carrier, 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:
3.2.2.1 Three (3) Business Days will be required following receipt of
Carrier's valid, accurate and pre-qualified Service Order for a Digital
Designed or Conditioned Loop to analyze the loop and related plant
records and to create an Engineering Work Order.
3.2.2.2 Upon completion of an Engineering Work Order, Frontier will initiate
the construction order to perform the changes/modifications to the
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Loop requested by Carrier. 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 provision ing intervals.
3.2.3 lf Carrier requires a change in scheduling, it must contact Frontier to issue a
supplement to the original Service Order. lf Carrier cancels the request for
conditioning after a loop analysis has been completed but prior to the
commencement of construction work, Carrier shall compensate Frontier for an
Engineering Work Order charge as set forth in the Pricing Attachment. lf
Carrier cancels the request for conditioning after the loop analysis has been
completed and after construction work has started or is complete, Carrier shall
compensate Frontier for an Engineering Work Order charge as well as the
charges associated with the conditioning tasks performed as set forth in the
Pricing Attachment.
Conversion of Live Telephone Exchange Service to Analog 2W Unbundled Local Loops
(Analog 2W Loops).
3.3.1 The following coordination procedures shall apply to "live" cutovers of Frontier
Customers who are converting their Telephone Exchange Services to Carrier
Telephone Exchange Services provisioned over Analog 2W Loops to be
provided by Frontier to Carrier:
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 Carrier does not request a coordinated
cutover, Frontier will process Carrier's order as a new installation
subject to applicable standard provisioning intervals.
3.3.1.2 Carrier 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 Carrier 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 Local Carrier
Service Center and subject to the availability of Frontier's work
force. ln the event that Frontier's work force is not available, Carrier
and Frontier shall mutually agree on a New Conversion Time, as
defined below. Carrier shall designate the Scheduled Conversion
Time subject to Frontier standard provisioning intervals as stated at
https:/lwholesale.frontier.com/wholesale under LSR, as may be
revised from time to time. Within three (3) Business Days of
Frontier's receipt of such valid LSR, or as othenltrise required by the
Federal Unbundling Rules, Frontier shall provide Carrier the
scheduled due date for conversion of the Analog 2W Loops covered
by such LSR.
3.3.1.3 Carrier shall provide dial tone at the Carrier 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");
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3.3
3.3.1.5
3.3.1.6
3.3.1.7
3.3.1 .8
3.3.1.9
provided, however, that each Party shall use commercially
reasonable efforts to provide four (4) business hours' advance
notice to the other Party of its request for a New Conversion Time.
Any Scheduled Conversion Time or New Conversion Time may not
be rescheduled more than one (1) time in a Business Day, and any
two New Conversion Times for a particular Analog 2W Loop shall
differ by at least eight (8) hours, unless otherwise agreed to by the
Parties.
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 Carrier; and
3.3.1.5.2 lf Carrier requests to reschedule outside the one (1) hour
time frame above, Carrier shall be charged an additional
Analog 2W Loops Service Order Charge for
rescheduling the conversion to the New Conversion
Time.
lf Carrier 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 Carrier will reschedule and, upon
request from Carrier, 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 Carrier 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
N u mber Portability Admin istration Center (N PAC).
lf Carrier requires Analog 2W Loop conversions outside of the
regularly scheduled Frontier Local Carrier Service Center 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 Local Carrier Service
Center operating hours.
3.4 FTTP Loops.
3.4.1 New Builds. Notwithstanding any other provision of the Agreement or any
Frontier Tariff, Carrier shall not be entitled to obtain access to a FTTP Loop, or
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3.4.2
3.5 Hybrid Loops.
3.5.1
3.5.2
3.5.3
3.5.4
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 Carrier'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 Carrier with
nondiscriminatory access on an unbundled basis to a transmission path
capable of providing DSO voice grade service to that end useds customer
premises.
Packet Switched Features. Functions, and Capabilities. Notwithstanding any
other provision of this Agreement or any Frontier Tariff or SGAT, Carrier 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 Carrier 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 Carrier with unbundled access to the existing time division
multiplexing features, functions, and capabilities of that Hybrid Loop, including
DS1 or DS3 capacity (but only where impairment has been found to exist,
which, for the avoidance of any doubt, does not include instances where
Frontier is not required to provide unbundled access to a DS1 Loop or a DS3
Loop under Section 1 of this Attachment) to establish a complete time division
multiplexing transmission path between the main distribution frame (or
equivalent) in a Frontier End Office serving an end user to the demarcation
point at the end user's Customer premises. This access includes access to all
features, functions, and capabilities of the Hybrid Loop that are not used to
transmit packetized information.
Narrowband Services. Subject to the conditions set forth in Section 1 of this
Attachment, when Carrier seeks access to a Hybrid Loop for the provision to
its Customer of "narrowband services", as such term is defined by the FCC,
then in accordance with, but only to the extent required by, the Federal
Unbundling Rules, Frontier shall, in its sole discretion, either (a) provide
access to a spare home-run copper Loop serving that Customer on an
unbundled basis, or (b) provide access, on an unbundled basis, to a DSO
voice-grade transmission path between the main distribution frame (or
equivalent) in the end user's serving End Office and the end user's Customer
premises, using time division multiplexing technology.
IDLC Hvbrid Loops and Loops Provisioned via Loop Concentrator. Subject to
the conditions set forth in Section 1 of this Attachment, if Carrier 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 Carrier unbundled access to a Loop
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capable of voice-grade service to the end user Customer served by the Hybrid
Loop.
3.5.4.1 Frontier will endeavor to provide Carrier with an existing copper
Loop or a Loop served by existing Universal Digital Loop Carrier
(UDLC'). Standard recurring and non-recurring Loop charges will
apply. ln addition, a non-recurring charge will apply whenever a
line and station transfer is performed.
3.5.4.2 lf neither a copper Loop nor a Loop served by UDLC is available,
Frontier shall, upon request of Carrier, 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, Carrier 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 Carrier'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 Carrier after construction work has started,
Carrier shall be responsible for cancellation charges and a pro-
rated charge for construction work performed prior to the
cancellation.
3.5.4.3 Frontier may exclude its performance in connection with providing
unbundled Loops pursuant to this Section 3.5.4 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 Carrier provides narrowband voice service over
the low frequency portion of an unbundled copper Loop obtained from Frontier (such
Carrier may be referred to as the "FLEC") and a second Carrier provides digital
subscriber line service over the high frequency portion of that same Loop (such Canier
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.
Subject to the conditions set forth in Section 1 of this Attachment, Carrier may engage in
Line Splitting, in accordance with this Section 4 and the rates and charges provided for in
the Pricing Aftachment. 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 Carrier and another Carrier shall be accomplished by prior
negotiated arrangement between Carrier and the other Carrier. Carrier shall give Frontier
written notice of this arrangement through the Frontier Global Wholesale Local Service
Customer Profile Form on the Frontier Communications 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 Carrier. The other
Carrier must have an interconnection agreement with Frontier that permits it to engage in
Line Splitting with Carrier. The FLEC shall be responsible for all rates and charges
associated with the subject Loop as well as rates and charges associated with the
4.2
4.3
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4.4
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 Carrier's engaging in Line Splitting pursuant to this Section 4, Carrier
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 Carrier by Frontier under
the other sections of this Agreement. Such Network Elements, Combinations,
Collocation arrangements, services, facilities, equipment and arrangements, willbe
provided to Carrier 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 Splifting only to the extent required by
the Federal Unbundling Rules.
4.5 Carrier and/or the other participating Carrier shall provide any splitters and/or Digital
Subscriber Line Access Multiplexers used in a Line Splitting arrangement.
4.6 The standard provisioning interval for the Line Splitting arrangement shall be as set out in
the Frontier Product lnterval Guide; provided that the standard provisioning intervalfor a
Line Splitting arrangement shall not exceed the shortest of the following intervals: (1) the
standard provisioning interval for a Line Splitting arrangement if stated in an applicable
Frontier Tariff; or, (2) the standard provisioning interval for a Line Splitting arrangement, if
any, established in accordance with the Federal Unbundling Rules. The standard
provisioning interval for a Line Splitting arrangement shall commence only after any
required engineering and conditioning tasks have been completed. The standard
provisioning interval shall not apply where a Line and Station Transfer is performed.
4.7 Frontier shall not be liable for any claims, damages, penalties, liabilities or the like of any
kind for disruptions to either Carrier's or the other Carrier's respective voice or data
services over a Line Splitting arrangement.
5. Sub-Loop
Subject to the conditions set forth in Section 1 of this Attachment and upon request by Carrier,
Frontier shall allow Carrier to access Sub-Loops unbundled from local switching and transport, in
accordance with the terms of this Section 5 and the rates and charges set forth in the Pricing
Attachment. Frontier shall allow Carrier 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.
5.1 UnbundledSub-LoopArranqement-Distribution(USLA).
Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Carrier, Frontier shall provide Carrier with access to a Sub-Loop Distribution Facility in
accordance with, and subject to, the terms and provisions of this Section 5.1, the rates
set forth in the Pricing Attachment, and the rates, terms and conditions set forth in
Frontier's applicable Tariffs. Frontier shall provide Carrier with access to a Sub-Loop
Distribution Facility in accordance with, but only to the extent required by, the Federal
Unbundling Rules.
5.1 .1 Carrier may request that Frontier reactivate (if available) an unused drop and
NID or provide Carrier with access to a drop and NID that, at the time of
Carrier's request, Frontier is using to provide service to the Customer (as such
term is hereinafter defined).
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5.1.2
5.'1.3
5.1.4
Upon site-specific request, Carrier 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. Carrier 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
Carrier is collocated at a remote terminal equipment enclosure and the feeder
distribution interface ('FDl') for such Sub-Loop Distribution Facility is located in
such enclosure, from the collocation arrangement of Carrier at such terminal.
lf Carrier obtains access to a Sub-Loop Distribution Facility from a TOPIC,
Carrier shall install a TOPIC on an easement or Right of Way obtained by
Carrier within 100 feet of the Frontier FDI to which such Sub-Loop Distribution
Facility is connected. A TOPIC must comply with applicable industry
standards. Subject to the terms of applicable Frontier easements, Frontier
shall furnish and place an interconnecting cable between a Frontier FDI and a
Carrier 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 Carrier for any of
Carrier's electronics in the TOPIC. Carrier 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.
Carrier may request from Frontier by submitting a loop make-up engineering
query to Frontier, and Frontier shall provide to Carrier, the following
information regarding a Sub-Loop Distribution Facility that serves an identified
Customer: the Sub-Loop Distribution Facility's length and gauge; whether the
Sub-Loop Distribution Facility has loading and bridged tap; the amount of
bridged tap (if any) on the Sub-Loop Distribution Facility; and, the location of
the FDI to which the Sub-Loop Distribution Facility is connected.
To order access to a Sub-Loop Distribution Facility from a TOPIC, Carrier must
first request that Frontier connect the Frontier FDI to which the Sub-Loop
Distribution Facility is connected to a Carrier TOPIC. To make such a request,
Carrier must submit to Frontier an application, a "Feeder Distribution lnterface
lnterconnection Application", ("FDl!") that identifies the FDI at which Carrier
wishes to access the Sub-Loop Distribution Facility. An FDll Application shall
state the location of the TOPIC, the size of the interconnecting cable and a
description of the cable's supporting structure. lt shall also include a five-year
forecast of Carrier's demand for access to Sub-Loop Distribution Facilities at
the requested FDl. Carrier must submit the application fee set forth in the
Pricing Attachment attached hereto and Frontier's applicable Tariffs with the
FDll Application. Carrier must submit FDll Applications to:
Frontier Communications
Collocation Manager
1500 MacCorkle Ave, SE Rm-100
Charleston, \ /V 25396
Email Address: [e-mail]
Within sixty (60) days afier it receives a complete FDll Application for access
to a Sub-Loop Distribution Facility and the FDll Application Fee for such
application, Frontier shall provide to Carrier a work order that describes the
5.1 .5
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5.1.6
5.1.7
5.1.8
5.1.9
5.1.10
5.1 .1 1
work that Frontier must perform to provide such access (an 'FDll Work Order")
and a statement of the cost of such work (an "FDll Cost Statement").
Carrier shall pay to Frontier fifty percent (50%) of the cost set forth in the FDll
Cost Statement within sixty (60) days of Carrier's receipt of such statement
and the associated FDll 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. An FDll Application shall be deemed to have been withdrawn if
Carrier breaches its payment obligation under this Section. Upon Frontier's
completion of the work that Frontier must perform to provide Carrier with
access to a Sub-Loop Distribution Facility, Frontier shall bill Carrier, and
Carrier shall pay to Frontier, the balance of the cost set forth in the FDll Cost
Statement for such access.
After Frontier has completed the installation of the interconnecting cable to a
Carrier TOPIC and Carrier has paid the full cost of such installation, Carrier
can request the connection of Frontier Sub-Loop Distribution Facilities to the
Carrier TOPIC. At the same time, Carrier shall advise Frontier of the services
that Carrier 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. Carrier shall run any crosswires within the TOPIC.
lf Carrier requests that Frontier reactivate an unused drop and NlD, then
Carrier shall provide dial tone (or its DSL equivalent) on the Carrier 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 Carrier dial tone or
equivalent from the TOPIC. lf Carrier requests that Frontier provide Carrier
with access to a Sub-Loop Distribution Facility that, at the time of Carrier's
request, Frontier is using to provide service to a Customer, then, after Carrier
has looped two interconnecting pairs through the TOPIC and at least twenty
four (24) hours before the due date, a Frontier technician shall crosswire the
dial tone from the Frontier central office through the Frontier side of the TOPIC
and back out again to the Frontier FDI and Frontier Sub-Loop Distribution
Facility using the .loop through" approach. On the due date, Carrier shall
disconnect Frontier's dial tone, crosswire its dial tone to the Sub-Loop
Distribution Facility and submit Carrier's LNP request.
Frontier will not provide access to a Sub-Loop Distribution Facilig if Frontier is
using the loop of which the Sub-Loop Distribution Facility is a part to provide
line sharing service to another Carrier or a service that uses derived channel
technology to a Customer unless such other Carrier first terminates the
Frontier-provided line sharing or such Customer first disconnects the service
that utilizes derived channel technology.
Frontier shall provide Carrier with access to a Sub-Loop Distribution Facility in
accordance with negotiated intervals
Frontier shall repair and maintain a Sub-Loop Distribution Facility at the
request of Carrier and subject to the time and material rates set forth in Pricing
Attachment and the rates, terms and conditions of Frontie/s applicable Tariffs.
Carrier 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) Carrier reports to Frontier a
Customer trouble, (b) Carrier 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, Carrier shall pay
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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 Carrier is not
available at the appointed time. lf as the result of Carrier 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 Carrier by Frontier. lf as
the result of Carrier instructions, Frontier is erroneously requested to dispatch
to a site outside of Frontier company premises ("dispatch out"), the charges set
forth in Pricing Aftachment and Frontier's applicable Tariffs will be assessed
per occurrence to Carrier by Frontier.
5.2 Collocation in Remote Terminals.
To the extent required by Applicable Law, Frontier shall allow Carrier to collocate
equipment in a Frontier remote terminal equipment enclosure in accordance with, and
subject to, the rates, terms and conditions set forth in the Collocation Attachment and the
Pricing Attachment.
6. Dark Fiber Transport
6.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by
Carrier, Frontier shall provide Carrier with access to unbundled Dark Fiber Transport in
accordance with, and subject to, the rates, terms and conditions provided in the Pricing
Attachment and rates, terms and conditions of Frontier's applicable Tariffs. Frontier shall
not be required to provide, and Carrier shall not request or obtain, unbundled access to
any dark fiber facility that does not meet the definition of Dark Fiber Transport. For the
avoidance of any doubt, notwithstanding any other provision of this Agreement, a Frontier
Tariff, or otherwise, Frontier shall not be required to provide, and Carrier shall not request
or obtain, Dark Fiber Transport that does not connect a pair of Frontier UNE Wire
Centers. Access to unbundled Dark Fiber Transport will be provided by Frontier only
where existing facilities are available except as provided in Section 13 below. Access to
Dark Fiber Transport will be provided in accordance with, but only to the extent required
by, the Federal Unbundling Rules. Dark Fiber Transport consists of Frontier optical
transmission facilities without attached multiplexers, aggregation or other electronics. To
the extent Frontier's Dark Fiber Transport contains any lightwave repeaters (e.9.,
regenerators or optical amplifiers) installed thereon, Frontier shall not remove the same.
Except as othenrise required by the Federal Unbundling Rules, the following terms and
conditions apply to Frontier's Dark Fiber Transport offerings.
6.2 ln addition to the other terms and conditions of this Agreement, the following terms and
conditions shall apply to Dark Fiber Transport:
6.2.1 Carrier may access Dark Fiber Transport only at a pre-existing Frontier
accessible terminal of such Dark Fiber Transport, and Carrier may not access
Dark Fiber Transport at any other point, including, but not limited to, a splice
point or case. Dark Fiber Transport is not available to Carrier unless such
Dark Transport is already terminated on an existing Frontier accessible
terminal. Unused fibers located in a cable vault or a controlled environment
vault, manhole or other location outside the Frontier UNE \Mre Center, and not
terminated to a fiber patch panel, are not available to Carrier.
6.2.2 Except if and, to the extent required by, the Federal Unbundling Rules and
Section 13 below, Frontier will not perform splicing (e.9., introduce additional
splice points or open existing splice points or cases) to accommodate Carrier's
request.
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6.2.3
6.2.4
Frontier shall perform allwork necessary to install a cross connect or a fiber
jumper from a Frontier accessible terminal to a Carrier collocation
arrangement.
A "Dark Fiber lnquiry Form" must be submitted prior to submitting an ASR.
Upon receipt of Carrier's completed Dark Fiber lnquiry Form, Frontier will
initiate a review of its cable records to determine whether Dark Fiber Transport
may be available between the locations and in the quantities specified.
Frontier will respond within fifteen (15) Business Days from receipt of the
Carrier's Dark Fiber lnquiry Form, indicating whether Dark Fiber Transport may
be available (if so available, an 'Acknowledgement") based on the records
search except that for voluminous requests or large, complex projects, Frontier
reserves the right to negotiate a different interval. The Dark Fiber lnquiry is a
record search and does not guarantee the availability of Dark Fiber Transport.
Where a direct Dark Fiber Transport route is not available, Frontier will
provide, where available, Dark Fiber Transport via a reasonable indirect route
that passes through intermediate Frontier Central Offices at the rates set forth
in the Pricing Attachment. ln cases where Frontier provides Dark Fiber
Transport via an indirect route as described in this section, Carrier shall not be
permifted to access the Dark Fiber Transport at any intermediate central office
between the two Frontier central offices that are the end points of the route. ln
no event shall Frontier be required to provide Dark Fiber Transport between
two central offices that are the end points of a route on which Frontier is not
required under the Federal Unbundling Rules to provide Dark Fiber Transport
to Carrier. Frontier reserves the right to limit the number of intermediate
Frontier Central Offices on an indirect route consistent with limitations in
Frontier's network design and/or prevailing industry practices for optical
transmission applications. Any limitations on the number of intermediate
Frontier Central Offices will be discussed with Carrier. lf access to Dark Fiber
Transport is not available, Frontier will notify Carrier, within fifteen (15)
Business Days, that no spare Dark Fiber Transport is available over the direct
route nor any reasonable alternate indirect route, except that for voluminous
requests or large, complex projects, Frontier reserves the right to negotiate a
different interval. Where no available route was found during the record
review, Frontier will identify the first blocked segment on each alternate indirect
route and which segment(s) in the alternate indirect route are available prior to
encountering a blockage on that route, at the rates set forth in the Pricing
Attachment.
6.2.4.1 Carrier shall indicate on the Dark Fiber lnquiry Form whether the
available Dark Fiber should be reserved, at the rates set forth in the
Pricing Attachment, pending receipt of an order for the Dark Fiber.
6.2.4.2 Upon request from Carrier as indicated on the Dark Fiber lnquiry
Form, Frontier shall hold such requested Dark Fiber Transport for
Carrier's use for ten (10) Business Days from Carrier's receipt of
Acknowledgement and may not allow any other party (including
Frontier) to use such fiber during that time period.
6.2.4.3 Carrier shall submit an order for the reserved Dark Fiber Transport
as soon as possible using the standard ordering process or parallel
provisioning process as described in Section 6.2.4.5. The standard
ordering process shall be used when Carrier does not have
additional requirements for collocation. The parallel provisioning
process shall be used when Carrier requires new collocation
facilities or changes to existing collocation arrangements.
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6.2.4.4 lf no order is received from Carrier for the reserved Dark Fiber
Transport within ten (10) Business Days from Carrier's receipt of
Acknowledgement, Frontier shall return to spare the reserved Dark
Fiber Transport that Frontier previously notified Carrier are
available. Should Carrier submit an order to Frontier afier the ten
(10) Business Day reservation period for access to Dark Fiber
Transport that Frontier has previously notified Carrier was available,
Carrier assumes all risk that such Dark Fiber Transport will no
longer be available.
6.2.4.5 Upon Carrier's request, the Parties will conduct parallel provisioning
of collocation and Dark Fiber Transport in accordance with the
following terms and conditions:
6.2.4.5.1 Carrier will use existing interfaces and Frontier's current
applications and order forms to request collocation and
Dark Fiber Transport.
6.2.4.5.2 Frontier will parallel process Carrier's requests for
collocation, including augments, and Dark Fiber
Transport.
6.2.4.5.3 Before Carrier submits a request for parallel provisioning
of collocation and Dark Fiber Transport, Carrier will:
6.2.4.5.3.'l submit a Dark Fiber lnquiry Form and
receive an Acknowledgement from
Frontier; and
6.2.4.5.3.2 submit a collocation application for the
Frontier Central Office(s)where the Dark
Fiber Transport terminates and receive
confirmation from Frontier that Carrier's
collocation application has been accepted
6.2.4.5.4 Carrier will prepare requests for parallel provisioning of
collocation and Dark Fiber Transport in the manner and
form reasonably specified by Frontier.
6.2.4.5.5 lf Frontier rejects Carrier's Dark Fiber Transport request,
Carrier may cancel its collocation application within five
(5) Business Days of such rejection and receive a refund
of the collocation application fee paid by Carrier, less the
costs Frontier incurred to date.
6.2.4.5.6 lf Frontier accepts Carrie/s Dark Fiber Transport
request, Frontier will parallel provision the Dark
Transport to a temporary location in Frontier's Central
Office(s). Frontier will charge and Carrier will pay for
parallel provisioning of such Dark Fiber Transport at the
rates specified in the Pricing Attachment beginning on
the date that Frontier accepts each Dark Fiber Transport
request.
6.2.4.5.7 Within ten (10) days after Frontier completes a Carrier
collocation application, Carrier shall submit a Dark Fiber
change request to reposition Dark Fiber Transport from
'109
6.2.5
6.2.6
6.2.7
6.2.8
6.2.9
6.2.10
6.2.11
6.2.12
6.2.13
the temporary location in that Frontier Central Office(s)
to the permanent location at Carrier's collocation
arrangement in such Frontier Central Office(s). Carrier
will prepare such request(s) in the manner and form
specified by Frontier.
6.2.4.5.8 lf Carrier cancels its collocation application, Carrier must
also submit a cancellation for the unbundled Dark Fiber
Transport provisioned to the temporary location in the
Frontier Central Office(s).
Carrier shall order Dark Fiber Transport by sending to Frontier a separate ASR
for each A to Z route.
Where a collocation arrangement can be accomplished in a Frontier premises,
access to Dark Fiber Transport that terminates in a Frontier premises must be
accomplished via a collocation arrangement in that Frontier premises. ln
circumstances where a collocation arrangement cannot be accomplished in a
Frontier premises, the Parties agree to negotiate for possible alternative
arrangements.
Except as provided in Section 13 below, Dark Fiber Transport will be offered to
Carrier in the condition that it is available in Frontier's network at the time that
Carrier submits its request (i.e., "as is"). ln addition, Frontier shall not be
required to convert lit fiber to Dark Fiber Transport for Carrier's use.
Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM)
or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not
considered to be Dark Fiber Transport, and, therefore, will not be offered to
Carrier as Dark Fiber Transport.
Fiber that has been assigned to fulfill a Customer order for maintenance
purposes or for Frontier's lit fiber optic systems will not be offered to Carrier as
Dark Fiber Transport.
Carrier shall be responsible for providing all transmission, terminating and
lightwave repeater equipment necessary to light and use Dark Fiber Transport.
Carrier may not resell Dark Fiber Transport, purchased pursuant to this
Agreement to third parties.
Except to the extent that Frontier is required by the Federal Unbundling Rules
to provide Dark Fiber Transport to Carrier for use for Special or Switched
Exchange Access Services, Carrier shall not use Dark Fiber Transport, for
Special or Switched Exchange Access Services.
ln order to preserve the efficiency of its network, Frontier may, upon a showing
of need to the Commission, limit Carrier to leasing up to a maximum of twenty-
five percent (25%) of the Dark Fiber Transport in any given segment of
Frontier's network. ln addition, except as othenrise required by the Federal
Unbundling Rules, Frontier may take any of the following actions,
notwithstanding anything to the contrary in this Agreement:
6.2.13.1 Revoke Dark Fiber Transport leased to Carrier upon a showing of
need to the Commission and twelve (12) months' advance written
notice to Carrier; and
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6.2.14
6.2.15
6.2.16
6.2.17
6.2.13.2 Frontier reserves and shall not waive, Frontier's right to claim before
the Commission that Frontier should not have to fulfill a Carrier
order for Dark Transport because that request would strand an
unreasonable amount of fiber capacity, disrupt or degrade service
to Customers or carriers other than Carrier, or impair Frontier's
ability to meet a legal obligation.
Except as expressly set forth in this Agreement, Carrier may not reserve Dark
Fiber Transport.
Carrier shall be solely responsible for: (a) determining whether or not the
transmission characteristics of the Dark Fiber Transport accommodate the
requirements of Carrier; (b) obtaining any Rights of Way, governmental or
private property permit, easement or other authorization or approval required
for access to the Dark Fiber Transport; (c) installation of fiber optic
transmission equipment needed to power the Dark Fiber Transport to transmit
permitted traffic; and (d) except as set forth with respect to the parallel
provisioning process addressed above, Carrier's collocation arrangements with
any proper optical cross connects or other equipment that Carrier needs to
access Dark Fiber Transport before it submits an order for such access.
Carrier hereby represents and wanants that it shall have all such rights of way,
authorizations and the like applicable to the location at which it wishes to
establish a demarcation point for Dark Fiber Transport, on or before the date
that Carrier places an order for the applicable Dark Fiber Transport, and that it
shall maintain the same going forward.
Carrier is responsible for trouble isolation before reporting trouble to Frontier.
Frontier will restore continuity to Dark Fiber Transport that has been broken.
Frontier will not repair Dark Fiber Transport that is capable of transmitting light,
even if the transmission characteristics of the Dark Fiber Transport has
changed.
Carrier may request the following, which shall be provided on a time and
materials basis (as set forth in the Pricing Attachment):
6.2.17.1 A field survey that shows the availability of Dark Fiber Transport
between two or more Frontier Central Offices, shows whether or not
such Dark Fiber Transport is defective, shows whether or not such
Dark Fiber Transport has been used by Frontier for emergency
restoration activity, and tests the transmission characteristics of
Frontier's Dark Fiber Transport. lf a field survey shows that Dark
Fiber Transport is available, Carrier may reserve the Dark Fiber
Transport, as applicable, for ten (10) Business Days from receipt of
Frontier's field survey results. lf Carrier submits an order for access
to such Dark Fiber Transport after passage of the foregoing ten (10)
Business Day reservation period, Frontier does not guarantee or
warrant the Dark Fiber Transport will be available when Frontier
receives such order, and Carrier assumes all risk that the Dark
Fiber Transport will not be available. Frontier shall perform a field
survey subject to a negotiated interval. lf a Carrier submits an order
for Dark Fiber Transport without first obtaining the results of a field
survey of such Dark Fiber Transport, Carrier assumes all risk that
the Dark Fiber Transport will not be compatible with Carrier's
equipment, including, but not limited to, order cancellation charges.
111
7. Network lnterface Device
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Subject to the conditions set forth in Section '1 of this Attachment and upon request by
Carrier, Frontier shall permit Carrier to connect a Carrier Loop to the lnside Wiring of a
Customer's premises through the use of a Frontier NID in accordance with this Section 7
and the rates and charges provided in the Pricing Attachment. Frontier shall provide
Carrier with access to NlDs in accordance with, but only to the extent required by, the
Federal Unbundling Rules. Carrier 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 Carrier NID deployed by Carrier or, if an entrance module is available in the
Frontier NlD, by connecting a Carrier 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 Carrier access, remove, disconnect or in any other way rearrange
Frontier's Loop facilities from Frontier's NlDs, enclosures, or protectors.
ln no case shall Carrier 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 Carrier remove or disconnect ground wires from Frontier's NlDs,
enclosures, or protectors.
ln no case shall Carrier remove or disconnect NID modules, protectors, or terminals from
Frontier's NID enclosures.
Maintenance and control of premises lnside Wiring is the responsibility of the Customer.
Any conflicts between service providers for access to the Customer's lnside Wiring must
be resolved by the person who controls use of the wiring (e.9., the Customer).
When Carrier is connecting a Carrier-provided Loop to the lnside Wiring of a Customer's
premises through the Customer's side of the Frontier NlD, Carrier does not need to
submit a request to Frontier and Frontier shall not charge Carrier for access to the
Frontier NlD. ln such instances, Carrier shall comply with the provisions of Sections 7.2
through 7.7 of this Attachment and shall access the Customer's lnside Wire in the
manner set forth in Section 7.8 of this Attachment.
Due to the wide variety of NlDs utilized by Frontier (based on Customer size and
environmental considerations), Carrier may access the Customer's lnside Wiring, acting
as the agent of the Customer by any of the following means:
7.8.1 Where an adequate length of lnside Wiring is present and environmental
conditions permit, Carrier may remove the lnside Wiring from the Customer's
side of the Frontier NID and connect that lnside Wiring to Carrier's NlD.
7.8.2 Where an adequate length of lnside Wiring is not present or environmental
conditions do not permit, Carrier 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 NlD.
7.8.3 Carrier may request Frontier to make other rearrangements to the lnside
Widng terminations or terminal enclosure on a time and materials cost basis to
be charged to the requesting party (i.e. Carrier, its agent, the building owner or
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7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
the Customer). lf Carrier accesses the Customer's Inside Wiring as described
in this Section 7.8.3, time and materials charges will be billed to the requesting
party (i.e. Carrier, its agent, the building owner or the Customer).
8. Dedicated Transport
8.1 Subject to the conditions set forth in Section 1 of this Attachment, where facilities are
available, at Carrier's request, Frontier shall provide Carrier with Dedicated Transport
unbundled from other Network Elements at the rates set forth in the Pricing Attachment.
Frontier shall provide Carrier with such Dedicated Transport in accordance with, but only
to the extent required by, the Federal Unbundling Rules. Except as provided in Section
13 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 Carrier 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.
8.2 lf and, to the extent that, Carrier has purchased (or purchases) transport from Frontier
under a Frontier Tariff or otherwise, and Carrier has a right under the Federal Unbundling
Rules to convert (and wishes to convert) such transport to unbundled Dedicated
Transport under this Agreement, it shall give Frontier written notice of such request
(including, without limitation, through submission of ASRs if Frontier so requests) and
provide to Frontier all information (including, without limitation, a listing of the specific
circuits in question) that Frontier reasonably requires to effectuate such conversion. ln
the case of any such conversion, Carrier shall pay any and all conversion charges (e.9.,
non-recurring charges), as well as any and all termination liabilities, minimum service
period charges and like charges in accordance with Frontier's applicable Tariffs. lf the
transport to be converted comprises a portion of a High Capacity EEL (as defined in
Section 12.2.1 below), the applicable provisions of Section 12 below shall apply.
Operations Su pport Systems
Subject to the conditions set forth in Section 1 of this Attachment and in Section 7 of the
Additional Services Attachment, Frontier shall provide Carrier with access via electronic
interfaces to databases required for pre-ordering, ordering, provisioning, maintenance and repair,
and billing. Frontier shall provide Carrierwith such access in accordance with, but only to the
extent required by, the Federal Unbundling Rules. Allsuch transactions shall be submitted by
Carrier through such electronic interfaces.
10.Availability of Other Network Elements on an Unbundled Basis
10.1 Any request by Carrier 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 10.3, of this Attachment. Carrier shall provide Frontier access to its Network
Elements as mutually agreed by the Parties or as required by the Federal Unbundling
Rules.
10.2 Notwithstanding anything to the contrary in this Section 10, a Party shall not be required
to provide a proprietary Network Element to the other Party under this Section 10 except
as required by the Federal Unbundling Rules.
10.3 Network Element Bona Fide Request (BFR).
10.3.1 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
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9.
10.3.2
10.3.3
10.3.4
10.3.5
10.3.6
10.3.7
10.3.8
10.3.9
Request process set forth herein does not apply to those services requested
pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel.
Oct. 1 9, 1 992) 11 259 and n.603 or subsequent orders.
A Network Element Bona Fide Request shall be submitted in writing and shall
include a technical description of each requested Network Element.
The requesting Party may cancela Network Element Bona Fide Request at
any time but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element Bona Fide Request up
to the date of cancellation.
Within ten (10) Business Days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
Except under extraordinary circumstances, within thirty (30) days of its receipt
of a Network Element Bona Fide Request, the receiving Party shall provide to
the requesting Party a preliminary analysis of such Network Element Bona
Fide Request. The preliminary analysis shall confirm that the receiving Party
will offer access to the Network Element or will provide a detailed explanation
that access to the Network Element is not technically feasible and/or that the
request does not qualify as a Network Element that is required to be provided
by the Federal Unbundling Rules.
lf the receiving Party determines that the Network Element Bona Fide Request
is technically feasible and access to the Network Element is required to be
provided by the Federal Unbundling Rules, it shall promptly proceed with
developing the Network Element Bona Fide Request upon receipt of written
authorization from the requesting Party. When it receives such authorization,
the receiving Party shall promptly develop the requested services, determine
their availability, calculate the applicable prices and establish installation
intervals. Unless the Parties othenryise agree, the Network Element requested
must be priced in accordance with Section 252(d)(1) of the Act.
As soon as feasible, but not more than ninety (90) days after its receipt of
authorization to proceed with developing the Network Element Bona Fide
Request, the receiving Party shall provide to the requesting Party a Network
Element Bona Fide Request quote which will include, at a minimum, a
description of each Network Element, the availability, the applicable rates, and
the installation intervals.
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.
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.
11. Maintenance of Network Elements
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11.1 Each Party is responsible for its own End User base and will have the responsibility for
resolution of any service trouble report(s) from its End Users. Frontier will work
cooperatively with Carrier to resolve trouble reports when the trouble condition has been
isolated and found to be within a portion of Frontier's network. Carrier must provide to
Frontier test results and shall test its End User's trouble prior to Frontier performing any
repair functions. Carrier agrees to follow the procedures defined in the Frontier Trouble
Administration Guide for trouble reporting.
11.2 lf (a) Carrier reports to Frontier a Customer trouble, (b) Carrier requests a dispatch, (c)
Frontier dispatches a technician, and (d) such trouble was not caused by Frontieds
facilities or equipment in whole or in part, then Carrier shall pay Frontier a maintenance
service charge based on Frontier's respective tariff. ln addition, this charge also applies
when the Customer contact as designated by Carrier is not available at the appointed
time. Carrier accepts responsibility for initial trouble isolation and providing Frontier with
appropriate dispatch information based on its test results. lf, as the result of Carrier
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 Carrier by Frontier. lf as the result of Carrier 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 Carrier by Frontier. Frontier agrees to respond to Carrier 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.
11.3 Carrier must submit to Frontier a disconnect order for any Unbundled Local Loop that is
relinquished by the End User because of cessation of service. Unbundled Local Loop
facilities will be returned to Frontier when the disconnection order is complete. ln the
event of transfer of the End User's service from one provider to another, the new provider
will issue a request for transfer of service, resulting in the appropriate disconnection and
reconnection of service.
12. Combinations,Commingling,andConversions
12.1 Subject to and without limiting the conditions set forth in Section 1 of this Attachment:
12.1.1 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 Carrier, perform the functions necessary to commingle Qualifying UNEs with
Qualifying Wholesale Services. The rates, terms and conditions of the
applicable access Tariff or separate non-251 agreement will apply to the
Qualifying \Molesale 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
Aftachment. ln addition, if any commingling requested by Carrier 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 untilsuch time as a
standard charge is established pursuant to the terms set forth in the Pricing
Attachment.
12.1.2 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
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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.
12.1.3 Limitation on Section 12.1. Section 12.1 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 Carrier under the Agreement and
the Federal Unbundling Rules. Nothing contained in Section 12.1 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 12.1 of this Attachment
12.2.1 Frontier shall not be obligated to provide
12.2.1.1 an unbundled DS1 Loop in combination with unbundled DS1 or DS3
Dedicated Transport, or commingled with DSI or DS3 access
services;
12.2.1.2 an unbundled DS3 Loop in combination with unbundled DS3
Dedicated Transport, or commingled with DS3 access services;
12.2.1.3 unbundled DSI Dedicated Transport commingled with DSI channel
termination access service;
12.2.1.4 unbundled DS3 Dedicated Transport commingled with DS1 channel
termination access service; or
12.2.1.5 unbundled DS3 Dedicated Transport commingled with DS3 channel
termination service,
(individually and collectively "High Capacity EELs') except to the extent Frontier
is required by the Federal Unbundling Rules to do so, and then not unless and
until Carrier, using an ASR, certifies to Frontier that each combined or
commingled DSI circuit or DS1 equivalent circuit of a High Capacity EEL
satisfies each of the service eligibility criteria on a circuit-by-circuit basis as set
forth in 47 C.F.R. S 51.318. Carrier must remain in compliance with said service
eligibility criteria for so long as Carrier continues to receive the aforementioned
combined or commingled facilities and/or services from Frontier and Carrier shall
immediately notify Frontier at such time as a certification ceases to be accurate.
The service eligibility criteria shall be applied to each combined or commingled
DS1 circuit or DS1 equivalent circuit of a High Capacity EEL. lf any combined or
commingled DS1 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 willbe treated as described in Section 12.2.2below.
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, Carrier, 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 Carrier leased
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12.2
from Frontier as of the Effective Date of this Agreement that Carrier 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 12.2.2below
effective as of the Effective Date of this Agreement.
12.2.2 Without limiting any other right Frontier may have to cease providing circuits
that are or become Discontinued Facilities, if a High Capacity EEL circuit is or
becomes noncompliant as described in this Section 12.2 and Carrier 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
Carrier.
12.2.3 Each certification to be provided by Carrier pursuant to Section 12.2.1 above
must contain the following information for each DSI circuit or DSI equivalent:
(a) the local number assigned to each DSI circuit or DSI 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. S 251(cX6), and not under a federal collocation tariff; (e)
the interconnection trunk circuit identification number that serves each DS1
circuit. There must be one such identification number per every 24 DSI
circuits; and (f) the localswitch 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.
12.2.4 The charges for conversions are as specified in the Pricing Attachment and
apply for each circuit converted.
12.2.5 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.
12.2.6 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 allordering and provisioning metrics.
Once per calendar year, Frontier may obtain and pay for an independent auditor to audit
Carrier'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 Carrier failed to comply with the service eligibility criteria, then (without
fimiting Frontier's rights under Section 12.2.2 above) Carrier must convert all
noncompliant circuits to the appropriate service, true up any difference in payments,
12.3
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13.
make the correct payments on a going-forward basis, and reimburse Frontier for the cost
of the independent auditor within thirty (30) days afier receiving a statement of such costs
from Frontier. Should the independent auditor confirm Carrier's compliance with the
service eligibility criteria, then Carrier shall provide to the independent auditor for its
verification a statement of Carrier'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
Carrier submits such costs to the auditor, reimburse Carrier for its out-of-pocket costs
verified by the auditor. Carrier shall maintain records adequate to support its compliance
with the service eligibility criteria for each DSI or DSI equivalent circuit for at least
eighteen (18) months after the service arrangement in question is terminated.
Routine Network Modifications
13.1 GeneralConditions. 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:
13.1.1 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 Carrier to the Loop or Dark Fiber Transport facilities available under the
Agreement (including DSI Loops and DS3 Loops), where the facility has
already been constructed. Routine network modifications applicable to Loops
are those modifications that Frontier regularly undertakes for its own
Customers and may include, but are not limited to: rearranging or splicing of
in-place cable at existing splice points; adding an equipment case; adding a
doubler or repeater; installing a repeater shelf; deploying a new multiplexer or
reconfiguring an existing multiplexer; accessing manholes; and deploying
bucket trucks to reach aerial cable. Routine network modifications applicable
to Dark Fiber Transport are those modifications that Frontier regularly
undertakes for its own Customers and may include, but are not limited to,
splicing of in-place dark fiber at existing splice points; accessing manholes;
deploying bucket trucks to reach aerial cable; and routine activities, if any,
needed to enable Carrier to light a Dark Fiber Transport facility that it has
obtained from Frontier under the Agreement. Frontier shall not be obligated to
provide optronics for the purpose of lighting Dark Fiber Transport. Routine
network modifications do not include the construction of a new Loop or new
Transport facilities, trenching, the pulling of cable, the installation of new aerial,
buried, or underground cable for a requesting telecommunications carrier, the
placement of new cable, securing permits or rights-of-way, or constructing
and/or placing new manholes or conduits. Frontier shall not be required to
build any time division multiplexing (TDM) capability into new packet-based
networks or into existing packet-based networks that do not already have TDM
capability. Frontier shall not be required to perform any routine network
modifications to any facility that is or becomes a Discontinued Facility.
13.1.1.1 Conditioninq. lf Carrier requests Unbundled Local Loop
conditioning or if conditioning is required to provide one of the
Unbundled Network Elements described in this agreement, Frontier
will condition the unbundled local loop at Carrier's expense.
Frontier will determine separate charges for each request. Carrier
agrees to pay the quoted charges prior to commencement of work.
13.1.1.2 Placement of Reoeaters. Placement of repeaters may be required
or requested for Unbundled Network Elements. Frontier will make
this determination, but Carrier may request placement of repeaters
to meet its specifications. Additional charges will apply to the
placement of repeaters. Frontier will determine separate charges for
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each repeater placement. Carrier agrees to pay the quoted charges
prior to commencement of work.
13.2 Performance Plans. Frontier may exclude its performance in connection with the
provisioning of Loops or Dark Fiber Transport for which routine network modifications are
performed from standard provisioning intervals and performance measures and
remedies, if any, contained in the Agreement or elsewhere.
13.3 Nothing contained in this Section 13 shall be deemed: (a) to establish any obligation of
Frontier to provide on an unbundled basis under the Federal Unbundling Rules any
facility that this Agreement does not othenarise require Frontier to provide on an
unbundled basis under the Federal Unbundling Rules, (b) to obligate Frontier to provide
on an unbundled basis under the Federal Unbundling Rules, for any period of time not
required under the Federal Unbundling Rules, access to any Discontinued Facility, or (c)
to limit any right of Frontier under the Agreement, any Frontier Tariff or SGAT, or
otherwise, to cease providing a Discontinued Facility.
14. Rates and Charges
UNEs are only available to Carrier for use in its provisioning of local exchange service to its End
Users. Any combination of unbundled elements which when combined equates to a substantially
similar service provisioned through the retail tariff, will be offered and priced as resale not as the
cumulative of unbundled elements. 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.
15. 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 Aftachment, Frontier reserves the right to
negotiate in good faith with Carrier 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.
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COLLOCATION ATTACHMENT
1.Frontier's Provision of Collocation
Frontier shall provide to Carrier, in accordance with this Agreement, Frontier's applicable federal
and state Tariffs and the requirements of Applicable Law, Collocation for the purpose of
facilitating Carrier's interconnection with Frontier under 47 U.S.C. $ 251(cX2) or access to
Unbundled Network Elements of Frontier; provided, that notwithstanding any other provision of
this Agreement or a Tariff, Frontier shall be obligated to provide Collocation to Carrier only to the
extent required by Applicable Law and may decline to provide Collocation to Carrier 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 aTarifi 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 Carrier to
obtain unbundled access to any network element: (a) that Frontier is not required to unbundle
under 47 U.S.C. S 251(cX3) or (b) that Frontier is not required to unbundle under 47 C.F.R. Part
51.
Because the Commission rejected Frontier's Collocation Tariff Advice No. 00-05 in Order No.
28490 on August 29,2000, Frontier shall provide Collocation according to the following terms and
conditions in the State of ldaho on an interim basis only until such time as the Commission's
decision is reversed and Frontier's Collocation Tariff Advice No. 00-05 is permitted to go into
effect or until such time as Frontier files another Collocation Tariff in ldaho. At such time as 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 Carrier 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 0 of this Collocation Attachment ('Attachment"), in conjunction with the rest of this
Agreement, set forth the terms and conditions under which Frontier shall provide Collocation
services to Carrier. 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 othenrise controlled by Frontier that
house Frontier's network facilities. Collocation at Frontier's Wire Centers and access tandems
shall be accomplished through caged, cageless, virtual or microwave service offerings, as
described below, except if not practical for technical reasons or due to space limitations. ln such
event, Frontier shall provide adjacent Collocation or other methods of Collocation, subject to
space availability and technical feasibility. ln accordance with, but only to the extent required by
Applicable Law, Frontier shall also offer rates, terms and conditions for Collocation services that
are not expressly addressed in this Attachment or Frontier Tariffs on an individual case basis.
1.1 Tvpes of Collocation.
1.1.1 Sinole Caoed. A single caged arrangement is a form of caged Collocation,
which allows a single Carrier to lease caged floor space to house its
equipment within Frontier premises.
1.1.2 Shared Caqed. A shared caged arrangement is a newly constructed caged
Collocation arrangement that is jointly applied for and occupied by two or more
Carriers within a Frontier premise. When two or more Carriers request
establishment and jointly apply for a new caged Collocation arrangement to be
used as a shared caged arrangement, one of the participating Carriers must
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1.1.3
1.1.4
agree to be the host Carrier (HC) and the other(s) to be the guest Carrier (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 Carrier 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 Frontie/s customers and have allthe rights and obligations
applicable hereunder to Carriers 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 Carrier'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 Carrier subleases the floor space to
the third party(s) pursuant to terms and conditions agreed to by the Carrier and
the third party(s) involved. The Carrier 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 Carrier 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 Carrier and the third party(s). The Carrier will be
responsible for ordering and payment of all Collocation applicable services
ordered by the Carrier and the third party(s). Each Carrier and third party will
be responsible for ordering their own unbundled network elements from
Frontier. Frontier will separately bill the Carrier and third party/parties for
unbundled network elements ordered. The Carrier and third party(s) are
Frontier's customers and have allthe rights and obligations applicable
hereunder to Carriers purchasing Collocation-related services, including,
without limitation, the obligation to pay all applicable charges, whether or not
the Carrier is reimbursed for all or any portion of such charges by the third
party(s). All terms and conditions for caged Collocation as described in this
Attachment will apply to subleased caged Collocation requirements.
Caqeless. Cageless Collocation is a form of Collocation in which Carriers can
place their equipment in Frontier premises. A cageless Collocation
arrangement allows a Carrier, using Frontier approved vendors, to install
equipment in single bay increments in an area designated by Frontier. The
equipment location will be designated by Frontier and will vary based on
individual Frontier premise configurations. Carrier equipment will not share the
same equipment bays with Frontier equipment.
Adiacent. An adjacent Collocation arrangement permits a Carrier 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
1.1.5
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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.
Carrier 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. Carrier 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 Carrier 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 Carrier 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 Carrier
provided equipment which is dedicated to the exclusive use of the Carrier in a
Collocation arrangement. Additional details on virtual Collocation are set forth
in Section 1.9.
Microwave. Physical Collocation of microwave transmission facilities will be
permitted on a first-come, first-served basis except where such Collocation is
not practical for technical reasons or because of space limitations. Microwave
Collocation provides for the interconnection of Carrier or Frontier provided
facilities, equipment and support structures located in, on or above the exterior
walls and roof of Frontier premises. Additional details on microwave
Collocation are set forth in Section 1 .10.
1.2
1.1.6
1.1.7
Orderinq.
1.2.1 Application.
1.2.1.1
1.2.1.2
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Point of Contact. Carrier must request Collocation arrangements
through Frontier's designated point of contact. Completed
applications for Collocation must be sent directly to Frontier's
Collocation Manager at the following address:
Frontier Commun ications
Collocation Manager
1500 MacCorkle Ave, SE Rm-100
Charleston, \ A/ 25396
Email Address: [e-mail]
Additional information and requirements regarding Collocation may
be obtained from Frontier's public website at
http:/Awholesale.frontier. com/wholesale/col location-and-licens i nq.
Application Form/Fee. Carrier 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
Carrier to provide all engineering, floor space (where applicable),
power, environmental and other requirements necessary for the
function of the service. Carrier will provide Frontier with
122
1.2.2
1.2.3
1.2.4
speciflcations for any non-standard or special requirements at the
time of application. Frontier reserves the right to assess the
customer any additional charges on an individual case basis ('lCB")
associated with complying with the requirements. Any such charges
shall be noticed to Carrier.
Frontier will process Collocation requests from Carriers 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
Carrier whether space is available to accommodate Carrier'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 Carrier 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 Carrier a
Collocation schedule describing Frontier's ability to meet the physical
Collocation request within eight (8) Business Days after receipt of a completed
application. Carrier 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 Carrier in order to
complete the application. lf Carrier resubmits a revised application curing any
deficiencies in its original application within ten (10) calendar days after being
informed of them, Carrier shall retain its position within the Collocation
application queue.
Auomentation. Any request for an addition, partial reduction, or a change to
an existing Collocation arrangement that has been inspected and turned over
to Carrier 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:
1.2.4.1 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
Carrier requested in its original application. A complete application
and engineering fee will be required when submitting a request that
requires a major augment.
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
1.2.4.2
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1.2.5
1.2.6
1.3 lnstallation and Operation.
1 .3.1
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 Carrier requested in
its original application. The requirements of a minor augment
request cannot exceed the capacity of the existing/proposed
electrical, power or HVAC system. Requests for additional DS0,
DSl, and DS3 facility terminations to access Frontier's unbundled
network elements are included as minor augments, providing no
additional transmission cables are required.
Minor augments that require an augment fee are those requests that
require Frontier to perform a service or function on behalf of Carrier
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
DS0, DSI and DS3 cables.
Minor augments that do not require a fee are those augments
performed solely by Carrier, that do not require Frontier to provide a
service or function on behalf of Carrier, including but not limited to,
requests to install additional equipment in Carrier Collocation space.
Prior to the installation of the additional equipment, Carrier agrees to
provide Frontier an application form with an updated equipment
listing that includes the new equipment to be installed in Carrier's
Collocation arrangement. Once the equipment list is submitted to
Frontier, Carrier may proceed with the augment. Carrier agrees that
changes in equipment provided by Carrier under this provision will
not exceed the engineering specifications for power and HVAC as
requested on original application. All augments will be subject to
Frontier inspection, in accordance with term of this contract for the
purpose of ensuring compliance with Frontier safety standards.
Expansion. Frontier will not be required to construct additional space to
provide for Carrier Collocation when available space has been exhausted.
\y'Uhere Carrier 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 Carrier to expand its existing
Collocation space. Carrier 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. Carrier 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. Carrier will be responsible for all costs associated
with the relocation of its equipment.
Joint Planninq and lmolementation Levels for Phvsical Collocation. Frontier
and Carrier shallwork 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 Carrier requirements may extend the interval
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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
'l .3.1.1.2 400 4 wire voice grade terminations, or
1.3.1.1.3 600 line sharing/line splitting facilities, where line
sharing/splitting already exists within the central office
and where Carrier is eligible for line sharing/line splitting,
or
28 DS1 terminations, or
24 DS3 terminations, or
12 fiber terminations, or
Conversion of 2 wire voice grade to 4 wire (minimum
100 - maximum 800), or
1.3.1.1.8 2 feeds (1A and 1B) DC power fused at 60 amps or less,
or
1 .3.1.1.9 DC Power as defined in 8 preceding, plus any one (1)
additional item as defined in 1 through 7 preceding; or 2
of the following: a) 28 DSI terminations; b) 3 DS3
terminations; or c) 12 fiber terminations. Carrier 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 Carrier 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 Carrier 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 Carrier jointly decide otherwise:
1.3.1.3.1 Day 1-Carrier submits completed application and
associated fee.
1.3.1.3.2 Day 8-Frontier notifies Carrier that request can be
accommodated and advises of due date.
1 .3.1.1.4
1 .3.1 .1 .5
1.3.1.1.6
1.3.1.1.7
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1.3.1.5
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1.3.1.3.3 Day 17-Carrier notifies Frontier of its intent to proceed
and submits 50% payment.
1.3.1.3.4 Day 30-Materialships and is received at vendor
warehouse; Carrier provided splitters delivered to vendor
warehouse (Line Sharing Option C only, and applicable
only where Carrier is eligible for line sharing/line
splitting).
Day 45-Augment (as defined herein) completes.1.3.1.3.5
1.3.1.3.6 Day 76-Frontier and Carrier attend Collocation
acceptance meeting and Frontier turns over the
Collocation arrangement to Carrier. Day 76 also applies
to completion of other augments not defined herein.
1.3.1.4 The forty-five (45) Business Day interval is subject to the following
requirements:
1.3.1.4.1 lnfrastructure to support the requested augment must be
in place (e.9., cable racking from common area to
distributing frames, relay racks for splitter shelves, frame
capacity for termination blocks, cable holes, fuse
positions at existing Baftery Distribution Fuse Boards
(BDFBS).
1 .3.1.4.2 The Carrier must install sufficient equipment to support
requested termi nations/facilities.
1.3.1.4.3 ln large central offices with complex cable runs (i.e.,
multiple floors), the Frontier may request to negotiate
extensions to the forty-five (45) Business Day interval.
A preliminary schedule will be developed outlining major milestones
Carrier 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 Carrier misses (day for day). When Frontier
becomes aware of the possibility of vendor delays, Frontier will first
contact Carrier to attempt to negotiate a new interval. lf Frontier
and Carrier cannot agree, the dispute will be submitted to the
Commission for prompt resolution. Frontier and Carrier 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
Carrier to schedule one escorted visit to Carrier's Collocation space
during construction. The applicable labor rates in the Pricing
Attachment will be applied for the escorted visit. ln the case of
extended intervals resulting ftom within Frontie/s controlor resulting
from vendor delays, and provided the necessary security is in place,
Frontier will permit Carrier access to the Collocation anangement to
install equipment while the delayed work is completed, so long as it is
safe to do so and Carrier's work does not impair or interfere with
Frontier in completing Frontie/s work. Priorto Carrier beginning the
installation of its equipment, Carrier must sign a conditional acceptance
of the Collocation anangement. lf Carrier elects to accept the space
126
1.3.1.6
1.3.1.7
1.3.2 Forecastinq and Use of Data.
1.3.2.1
1.3.2.2
priorto the scheduled completion, occupancy fees shallcommence
upon signing a conditional acceptance of the space by Carrier.
lntervals for non-standard arrangements, including adjacent
Collocation, shall be mutually agreed upon by Carrier and Frontier,
Frontier will inform the Commission as soon as it knows it will
require raw space conversion to fulfill a request based on an
application or forecast. Raw space conversion timeframes are
negotiated on an individual case basis based on negotiations with
the site preparation vendor(s). Frontier will use its best efforts to
minimize the additional time required to condition Collocation space,
and will inform Carrier of the time estimates as soon as possible.
Frontier will request forecasts from Carrier on a semi-annual basis,
with each forecast covering a two-year period. Carrier will be
required to update the near-term (6-month) forecasted application
dates. lnformation requested will include centraloffice, month
applications are expected to be sent, requested in-service month,
preference for vidual or physical (caged or cageless) Collocation,
square footage required (physical), high-level list of equipment to be
installed (virtual), and anticipated splitter arrangements where
Carrier is eligible for line sharing/line splitting. For augments,
Carrier 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 Carrier to determine the required space to
be conditioned. lf Frontier commits to condition space based on
forecasts and if Carrier is assigned space, Carrier 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 identiff potential problem sites. Frontierwill consider
forecasts in staffing decisions. Frontierwill enter into planning
discussions with Carrier 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 interval start day may be
postponed as follows:
1.3.2.2.1 No forecast: lnterval Start Date commences two (2)
months after application receipt date.
1.3.2.2.2 Forecast received one (1) month or less prior to
application receipt date: lnterval Start Date commences
two (2) months after application receipt date.
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1.3.2.2.3 Forecast received greater than one (1) month and less
than two (2) months prior to application receipt date:
lntervalStart 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 Carrier at the
time the application is received.
1.3.3 CollocationCapacitv.
1.3.3.1 Frontier's estimate of its present capacity (i.e., no more than an
increase ol 15o/o over the average number of applications received
for the preceding three months in a particular geographic area) is
based on current staffing and current vendor arrangements. lf the
forecasts indicate spikes in demand, Frontier will attempt to smooth
the demand via negotiations with the forecasting Carriers. lf
Frontier and Carrier fail to agree to smooth demand, Frontier will
determine if additional expenditures would be required to satisff 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 Carrier forecasts and if
Carrier refuses to smooth demand as described in Section 1.3.3.1 ,
Carrier 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 Carrier
actual and forecasted demand with appropriate vendors, as required, subject
to the appropriate confidentiality safeguards.
1.3.5 Responsibility 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 SoacePreparation.
1.3.6.1 Caqe Construction. For caged Collocation, Carrier may construct
the cage with a standard enclosure if they are a Frontier approved
contractor or Carrier 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 Carrier shall collocate its equipment. Frontier will
assign Collocation space to Carrier in a just, reasonable, and
nondiscriminatory manner. Frontier will allow Carrier requesting
caged or cageless Collocation to submit space preferences on the
Application Form prior to assigning caged and cageless Collocation
1.3.4
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1.3.6.3
1.3.6.4
space to Carrier. Frontier will assign caged and cageless space in
accordance with the following standards: (1) Carrier's Collocation
costs cannot be materially increased by the assignment; (2)
Carrier's occupation and use of Frontier's premises cannot be
materially delayed by the assignment; (3) The assignment cannot
impair the quality of service or impose other limitations on the
service Carrier 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; (a) The cost of the separated space to Carrier
will not be materially higher than the cost of non-separated space;
and (5) The separated space is comparable, from a technical and
engineering standpoint, to non-separated space.
Where applicable, Frontier shall provide, at the rates set forth in the
Pricing Attachment described in Section 1.5.1, 48V DC power with
generator and/or battery back-up, heat, air conditioning and other
environmental support to Carrier's equipment in the same standards
and parameters required for Frontier equipment within that Frontier
premise. Carrier may installAC convenience outlets and overhead
lighting if Carrier 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 Carrier in its Collocation application.
The Carrier will speciflT the load on each feed and the size of the
fuse to be placed on each feed. Carrier must order a minimum of
ten (10) load amps for each caged, cageless, and virtual Collocation
arrangement. Carrier 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 Carrier orders a total of 40 load amps of DC power
and an A and B feed, Carrier could order 20load amps on the A
feed and 20 load amps on the B feed. Frontier will permit Carrier to
order a fuse size up to 2.5 times the load amps ordered provided
that applicable law permits this practice. Thus, Carrier could order
that each feed be fused at 50 amps if Carrier wants one feed to
carry the entire load in the event the other feed fails. Accordingly,
Carrier 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.
Carrier is responsible for engineering the power consumption in its
Collocation arrangements and therefore must consider any special
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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 Carrier in its Collocation application. Any
subsequent orders to increase DC power load at a Collocation
arrangement must be submitted on a Collocation application.
1.3.6.5 Frontier reserves the right to perform random inspections to verify
the actual power load being drawn by a Collocation arrangement.
At any time, without written notice, Frontier may measure the DC
power drawn at an arrangement by monitoring Frontier's power
distribution point. ln those instances where Frontier needs access
to the Collocation arrangement to make these measurements,
Frontier will schedule a joint meeting with Carrier.
1.3.6.6 lf the inspection reveals that the power being drawn does not
exceed the total number of load amps ordered, no further action will
apply.
1.3.6.7 lf the inspection reveals that the power being drawn exceeds the
total number of load amps ordered but is within the applicable buffer
zone, as defined in Section 1.3.6.7.2, that arrangement is subject to
the following treatment:
1.3.6.7.1 Frontier will provide Carrier with written notification, by
certified US mail to the person designated by Carrier 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, Carrier 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 Carrier 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 of load, as long as the second violation is not for
the same Collocation arrangement as the first. For any
subsequent violations, or if the second violation is for the
same Collocation arrangement, and for any violation
where the Collocation arrangement has more than 100
amps fused, the buffer zone will be 110% of load.
1.3.6.8 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 notifo the person designated by Carrier to
receive such notice via telephone or e-mail that Frontier
will take a second measurement no sooner than one (1)
hour and no later than two (2) days after the initial
130
inspection. Frontier will not wait for Carrier 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 Carrier may perform its own inspection at Carrier's cage.
Carrier is not required to wait for Frontier or require it to
be present during Carrier test. Upon request of Carrier,
Frontier will send a representative to accompany Carrier
to conduct a joint inspection at Carrier cage at no charge
to Carrier. Nothing herein shall be construed to prohibit
Carrier from testing at its own cage. Carrier 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 Carrier's measurements differ from
Frontier's.
1.3.6.8.4 lf the second test also exceeds the applicable buffer
zone, Frontier will provide Carrier with written
notification, within ten (10) Business Days, by certified
U.S. mail to the person designated by Carrier 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 fite will be made
available to Carrier that was audited, upon request.
Frontier will treat as confidential information the identity
of Carriers that it audits as well as the results of such
audits, unless it receives prior written consent of the
affected Carrier to disclose such information or is
required by Applicable Law to disclose such information
to a court or commission. The foregoing does not
preclude Frontier from making the notice described in
Section 1.3.6.8.6.
1.3.6.8.6 lf Carrier disagrees with the results of the audit, Carrier
will first notify Frontier. Frontier and Carrier 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
Carrier has received notice of the second test, in the
case of a violation over the buffer zone.
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1.3.6.9
1.3.6.8.7 With the notification required by Section 1.3.6.8.4,
Frontier will also notify Carrier that it must submit a non-
scheduled attestation of the power being drawn at each
of its remaining Collocation arrangements in the state.
Carrier must submit this non-scheduled aftestation 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 Carrier
shall pay Frontier for additional power, as well as make separate
and additional payments to a charitable organization agreed upon
by the parties ("Charity") in accordance with the following:
1.3.6.9.1 For the first such violation within the same consecutive
twelve (12) month period, Carrier will be billed the
audited load amount for four (4) months. Carrier 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. Carrier must send notice of its Charity
payment to Frontier within ten (10) calendar days of
making the payment.
1.3.6.9.2
1.3.6.9.3
For the second such violation within the same
consecutive twelve (12) month period, Carrier will be
billed the audited load amount for five (5) months.
Carrier will make a separate and additional payment to
the Charity, measured as the difference between the
billing of the fused capacity and the billing at the audited
load for five (5) months. Carrier must send notice of its
Charity payment to Frontier within ten (10) calendar days
of making the payment.
For the third such violation within the same consecutive
twelve (12) month period, Carrier will be billed the
audited load amount for six (6) months. Carrier 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. Carrier 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
Carrier 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 Carrier that it is being billed pursuant
to this Section '1.3.6.9, designating the applicable
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1.3.7
number of months and also calculating the payment
owed to the Charity, under the provisions set forth
preceding.
1.3.6.9.6 At the conclusion of any dispute resolution proceeding,
the above payments will be self-executing.
1 .3.6.10 lf Carrier has requested a power augment under which the audited
amount would be within the augmented load, plus the applicable
buffer zone set forth in Section 1.3.6.7.2, and the augment is late
due to the fault of Frontier, the payments specified in Section
1.3.6.9 will not be imposed and the parties will not count such an
instance for purposes of implementing Section 1.3.6.9.5.
1.3.6.11 Annually, Carrier must submit a written statement signed by a
responsible officer of Carrier, 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 Carrie/s completed
Collocation arrangements provided by Frontier in the state. lf
Carrier fails to submit this written statement by the last day in June,
Frontier will notify Carrier in writing that it has thirty (30) calendar
days to submit its power aftestation. 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 Carrier.
1.3.6.12 Whenever Frontier is required to perform work on a Collocation
arrangement as a result of Carrier's order for a reduction in power
requirements (e.9., change in fuse size), Frontier will assess a non-
recurring charge for the additional labor. The non-recurring charge
applies for the first half hour (or fraction thereof) and for each
additional half hour (or fraction thereof) per technician, per
occurrence as shown in the Pricing Attachment.
1.3.6.13 lf Carrier 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 1.2.4. ln addition, if Carrier's order
for a reduction in DC power triggers the deployment of power
cabling to a different power distribution point, the engineering/major
augment fee as set forth in the Pricing Attachment applies. Frontier
will work cooperatively with Carrier to configure the new power
distribution cables and disconnect the old ones.
Equipment and Facilities.
1.3.7.1 Purchase of Equipment. Carrier 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 Carrier's
equipment and provided facilities for Collocation. Upon installation
of all transmission and power cables for Collocation services,
Carrier relinquishes all rights, title and ownership of transmission
(excluding fiber entrance facility cable) and power cables to Frontier
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1.3.7.2
1.3.7.3
Permissible Eouipment. Frontier shall permit the Collocation and
use of any equipment necessary for interconnection or access to
unbundled network elements in accordance with the following
standards: (1) Equipment is necessary for interconnection if an
inability to deploy that equipment would, as a practical, economic, or
operational mafter, preclude Carrier 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 Carrier 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 Carrier
seeks to deploy it, meets either or both of the standards set forth in
the preceding paragraph. For a piece of equipment to be utilized
primarily to obtain equal in quality interconnection or
nondiscriminatory access to one or more unbundled network
elements, there also must be a logical nexus between the additional
functions the equipment would perform and the telecommunication
services Carrier 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 Carrier 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.
Carrier may place in its caged Collocation space ancillary equipment
such as cross connect frames, and metal storage cabinets. Metal
storage cabinets must meet Frontier premise environmental
standards.
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 ElectricalCode (NEC), the National ElectricalSafety Code
(NESC) and rules and regulations of the Occupational Safety and
Health Act (OSHA), the FederalCommunications Commission, the
Commission, and any other governing authority having jurisdiction.
All Carrier 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. Carrier designated and installed equipment
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1.3.7.4
1.3.7.5
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-CORE63) as it pertains to safety requirements.
This equipment must also comply with the most current issue,
unless otherwise specified, of Frontier's Network Equipment
lnstallation Standards (Frontier lnformation Publication lP 72201)
and Frontier's Central Office Engineering Standards (Frontier
lnformation Publication lP 72013). Where a difference in
specification may exist, the more stringent shall apply. lf there is a
conflict between industry standards and Frontier's technical
specifications, Carrier and Frontier will make a good faith effort to
resolve the difference. Carrier designated facilities shall not
physically, electronically or inductively interfere with the facilities of
Frontier, other Carrier(s), tenant(s) or any other party, lf such
interference occurs, Frontier may take action as permifted under
Section 1.8.
Carrier equipment must conform to the same specific
risk/safety/hazard standards which Frontier imposes on its own
centraloffice equipment as defined in Frontier's NEBS requirements
RNSA-NEB-95-0003, Revision 10 or higher. Carrier 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, Carrier
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 othenalise covered
in this Agreement. ln such cases, Frontier will, at its discretion,
furnish to Carrier written material which will specify and explain the
required construction.
Cable. Carrier 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. Carrier is
responsible for providing fire retardant riser cable that meets
Frontier standards. Frontier is responsible for placing Carrier's fire
retardant riser cable from the cable vault to the Collocation space.
Frontier is responsible for installing Carrier 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 Carrier
provides its own fiber optic facility, then Carrier shall be responsible
for bringing its fiber optic cable to the Frontier premise manhole.
Carrier must leave sufficient cable length for Frontier to be able to
fully extend such cable through to Carrie/s Collocation space.
Manhole/Splicinq Restrictions. Frontier reserves the right to prohibit
all equipment and facilities, other than fiber optic cable, in its
manholes. Carrier will not be permitted to splice fiber optic cable in
the first manhole outside of the Frontier premise. Where Carrier is
providing underground fiber optic cable in Manhole #1, it must be of
sufficient length as specified by Frontier to be pulled through the
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1.3.7.6
1.3.7.7
1.3.7.8
1.3.7.9
Frontier premise to Carrier's Collocation space. Frontier is
responsible for installing a cable splice, if necessary, where Carrier
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 Carrier's facilities and Frontier's facilities will
be designated by Frontier. This point(s) will be a direct
connection(s) to Carrier's network. Frontier shall have the right to
require Carrier to terminate Collocation facilities onto a Point of
Termination (POT) Bay. Carrier must tag all entrance facilities to
indicate ownership. Carrier 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.
Staqinq Area. For caged and cageless Collocation arrangements,
Carrier shall have the right to use a designated staging arca, a
portion of the Frontier premise and loading areas, if available, on a
temporary basis during Carrier's equipment installation work in the
Collocation space. Carrier is responsible for protecting Frontie/s
equipment Frontier premise walls and flooring within the staging
area and along the staging route. Carrier 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.
Carrier may also utilize a staging trailer, which can be located on the
exterior premises of Frontier premise. Frontier may assess Carrier
a market value lease rate for the area occupied by the trailer.
Testinq. Upon installation of Carrier's equipment, and with prior
notice, Frontier and Carrier will mutually agree to schedule a
meeting prior to the turn-up phase of the equipment to ensure
proper functionality between Carrier's equipment and the
connections to Frontier equipment. The time period for this to occur
will correspond to Frontier's maintenance window installation
requirements. lt is solely the responsibility of Carrier to provide their
own monitor and test points, if required, for connection directly to its
terminal equipment. lf Carrier cannot attend the scheduled turn-up
phase meeting for any reason, Carrier must provide Frontier with
seventy-two (72) hours advanced written notice prior to the
scheduled meeting. lf Carrier fails to aftend the scheduled meeting
without the advanced written notification, Frontier reserves the right
to charge Carrier additional labor rates set forth in the Pricing
Attachment for subsequent turn-up meetings with Carrier 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 Carrier
and another Carrier, provides a dedicated electrical or optical path
between Collocation arrangements (caged, cageless, and virtual)of
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the same or of two different Carriers within the same Frontier
premises, using Frontier provided distribution facilities. DTS is
available for DS0, DS1, DS3, and dark fiber cross connects. ln
addition, Frontier will also provide other technically feasible cross-
connection arrangements, including lit fiber, on an lndividual Case
Basis (lCB) as requested by Carrier and agreed to by Frontier.
Frontier will offer DTS to Carrier 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 Carrier's Collocation arrangement to another
Collocation anangement of Carrier within the same Frontier premises,
or to a Collocation arrangement of another Carrier in the same Frontier
premises. DTS is provided at the same transmission levelfrom Carrier
to another Canier.
The DTS arrangement requires Carrier to provide cable assignment
information for itself as well as forthe other Canier. Frontierwill not
make cable assignments for DTS. Carrier is responsible for all DTS
ordering, bill payment, disconnect orders and maintenance
transactions and is the customer of record. \Mren initiating a DTS
request, Carrier must submit an Access Service Request (ASR)and a
letter of agency from the Canier it is connecting to that authorizes the
DTS connection and facility assignment. DTS is provided on a
negotiated interval with Carrier.
1.3.7.10 Ootical Facilitv Terminations. lf Carrier requests access to
unbundled dark fiber interoffice facilities, Carrier may apply for a
fiber optic patchcord connection(s) between Frontier's fiber
distribution panel (FDP) and Carrier's collocated transmission
equipment and facilities. The fiber optic patchcord cross connect is
limited in use solely in conjunction with access to unbundled dark
fiber and Dedicated Transit Service.
1.3.7.11 Non-Comoliant lnstallations and Operations. lf at any time Frontier
reasonably determines that either Carrier's Collocation equipment or
it's engineering and installation do not meet the requirements
outlined in this Attachment, Carrier 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
Carrier fails to correct any non-compliance with these standards
within thirty (30) days'written notice to Carrier, Frontier may have
the equipment removed or the condition corrected at Carrier
expense. lf, during the installation phase, Frontier reasonably
determines that any Carrier designated equipment is unsafe, non-
standard or in violation of any applicable fire, environmental,
security, or other laws or regulations, Frontier has the right to
immediately stop the work until the problem is corrected to Frontier's
satisfaction. However, when any of the above conditions poses an
immediate threat to the safety of Frontier employees, interferes with
the performance of Frontier's service obligations, or poses an
immediate threat to the physical integrity of the overhead
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1.3.8
1.3.9
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 Carrier. The reasonable cost of
said work and/or actions shall be borne by Carrier. Frontier
reserves the right to remove products, facilities and equipment from
its list of approved products upon ninety (90) days' notice to Carrier
if such products, facilities and equipment are determined to be no
longer compliant with NEBS safety standards. lf Carrier equipment
poses an immediate safety threat, Carrier shall remove the
equipment immediately.
Access to Collocation Space. Frontier will permit Carrier's employees, agents,
and contractors approved by Frontier to have direct access to Carrier'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. Carrier'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 Carrier, to
access Carrier's collocated partitioned space to perform periodic inspections to
ensure compliance with Frontier installation, safety and security practices.
Where Carrier 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
Carrier 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 Reoortinq. Carrier shall be responsible for: (a)
any damage or network outage occurring as a result of Carrier owned or
Carrier 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 Carrier service.
Frontier will make every effort to contact Carrier in the event Carrier equipment
disrupts the network. lf Frontier is unable to make contact with Carrier, Frontier
shall temporarily disconnect Carrier's service, as provided in Section 1.3.11.
1.3.10 SecuritvRequirements.
1.3.10.1 Securitv Measures. Carrier agrees that its employees/vendors with
access to Frontier premise shall at all times adhere to the rules of
conduct established by Frontier for the Frontier premises and
Frontier's personnel and vendors. Frontier reserves the right to
make changes to such procedures and rules to preserve the
integrity and operation of Frontier's network or facilities or to comply
with applicable laws and regulations. Frontier will provide Carrier
with written notice of such changes. Where applicable, Frontier will
provide information to Carrier on the specific type of security training
required so Carrier's employees can complete such training.
Carrier will maintain with Frontier a list of all Carrier employees who
are currently authorized by Carrier to access its caged and cageless
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1.3.10.2
Collocation space and will include social security numbers of all
such individuals. Carrier 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.
\Mere required by agencies of federal, state, or local government,
only individuals that are U.S. citizens will be granted access. All
Carrier 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 Carrier in accordance
with the Frontier's normal security procedures applicable to any
Vendo(s) or Contractor(s) on Frontier's premises. Frontier reserves
the right to revoke any identification badge and/or access card of
any Carrier employee or agent found in violations of the terms and
conditions set forth herein.
Carrier must follow Frontier's security guidelines, which are
published on Frontier's web site. Frontier may suspend a Carrier
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 Carrier employees/agents. Unless
Carrier employee or agent poses an immediate threat to Frontier or
other Carriers, Frontier will provide Carrier with a written explanation
of violations committed by the Carrier employee or agent four (4)
Business Days prior to suspending Carrier employee or agent from
Frontier premises. Carrier 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 Carrier employee or agent from
Frontier premises for violating Frontier's security guidelines.
Securitv Standards. Frontier will be solely responsible for
determining the appropriate level of security in each Frontier
premise. Frontier reserves the right to deny access to Frontier
buildings and/or outside facility structures for any Carrier employee,
agent or contractor who cannot meet Frontier's established security
standards. Employees, agents or contractors of Carrier are required
to meet the same security requirements and adhere to the same
work rules that Frontie/s employees and contractors are required to
follow. Frontier also reserves the right to deny access to Frontier
buildings and/or outside facility structures for Carrier's employee,
agent and contractor for falsification of records, violation of fire,
safety or security practices and policies or other just cause. Carrier
employees, agents or contractors who meet Frontier's established
security standards will be provided access to Carrier's caged and
cageless Collocation equipment 24 hours a day, seven days a week
and reasonable access to Frontier's restroom facilities. lf Carrier
employees, agents or contractors request and are granted access to
other areas of Frontie/s premises, a Frontier employee, agent or
contractor may accompany and observe Carrier employee(s),
agent(s) or contractor(s) at no cost to Carrier. 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
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1.3.11
cameras, badges with computerized tracking systems, identification
swipe cards, keyed access and/or logs, as deemed appropriate by
Frontier.
Frontier may require Carrier employees and contractors to use a
central or separate entrance to Frontier's premises, provided,
however, that where Frontier requires that Carrier 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
Carrier's Collocation costs.
1.3.10.3 Access Cards/ldentification. Access cards or keys will be provided
to no more than a reasonable number of individuals for Carrier for
each Frontier premise for the purpose of installation, maintenance
and repair of Carrier's caged and cageless Collocation equipment.
All Carrier 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 Carrier. The
lD must be worn on the individual's exterior clothing while on or at
Frontier premises. Frontier will provide Carrier with instructions and
necessary access cards or keys to obtain access to Frontier
premises. Carrier is required to immediately notify Frontier by the
most expeditious means, when any Carrier's employee, agent or
contractor with access privileges to Frontier premises is no longer in
its employ, or when keys, access cards or other means of obtaining
access to Frontier premises are lost, stolen or not returned by an
employee, agent or contractor no longer in its employ. Carrier 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 Carrier's employee
and/or termination of service. Carrier shall be responsible for the
replacement cost of keys, access cards or other means of obtaining
access when lost, stolen or failure of Carrier or Carrier's employee,
agent or contractor to return to Frontier.
Emerqencv Access. Carrier is responsible for providing a contact number that
is readily accessible 24 hours a day,7 days a week. Carrier 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 aftempt to notify Carrier in advance of any such emergency access. lf
advance notification is not possible Frontier will provide notification of any such
entry to Carrier as soon as possible following the entry, indicating the reasons
for the entry and any actions taken which might impact Carrie/s facilities or
140Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619
equipment and its ability to provide service. Frontier will restrict access to
Carrier'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 Carrier's
Collocation space in an emergency, such as fire or other unsafe conditions, or
for purposes of averting any threat of harm imposed by Carrier or Carrier's
equipment upon the operation of Frontier's or another Carrier's equipment,
facilities and/or employees located outside Carrier's Collocation space.
Frontier will notify Carrier as soon as possible when such an event has
occurred. ln case of a Frontier work stoppage, Carrier's employees,
contractors or agents will comply with the emergency operation procedures
established by Frontier. Such emergency procedures should not directly affect
Carrier's access to its premises, or ability to provide service. Carrier will notify
Frontier point of contact of any work stoppages by Carrier employees.
1.4 SpaceRequirements.
1.4.1
1.4.2
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:
https://whoIesale.frontier.com/wholesale/collocation-and-licensinq. Where
Frontier has denied caged and cageless Collocation requests at a Frontier
premise due to space limitations or other technical reasons, Frontier shall: (a)
submit to the state commission, subject to any protective order as the state
may deem necessary, detailed floor plans or diagrams of the Frontier premise
which show what space, if any, Frontier or any of its affiliates has reserved for
future use; and describe in detail, the specific future uses for which the space
has been reserved and the length of time for each reservation; and (b) allow
Carrier 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 Carrier. The minimum amount of floor
space available to Carrier 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 Carrier 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 Carrier
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.
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1.4.3
1.4.4
1.4.5
Use of Space. Frontier and Carrier will work cooperatively to determine proper
space requirements, and efficient use of space. ln addition to other applicable
requirements set forth in this Agreement, Carrier 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. Carrier shall use the Collocation
space solely for the purposes of installing, maintaining and operating Carrier's
equipment to interconnect for the exchange of traffic with Frontier and/or for
purposes of accessing UNEs. Carrier 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 Carrier's employee(s)work
location, office or retail space, or storage. The Collocation space shall not be
used as Carrier's mailing or shipping address.
Reservation of Space. Frontier reserves the right to manage its Frontier
premise conduit requirements and to reserve vacant space for planned facility.
Frontier will retain and reserve a limited amount of vacant floor space within its
Frontier premises for its own specific future uses on terms no more favorable
than applicable to other Carriers 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. Carrier shall not
be permitted to reserve Frontier premise cable space or conduit system. lf
new conduit is required, Frontier will negotiate with Carrier to determine an
alternative arrangement for the specific location. Carrier will be allowed to
reserve Collocation space for its caged/cageless arrangements based on
Carriers 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 Carrier equipment.
Collocation Space Report. Upon request by Carrier and upon Carrier 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 Carrier 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.
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1.4.6 Reclamation. \A/hen initiating an application form, Carrier 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
Carrier accepts the Collocation arrangement. lf Carrier does not utilize its
Collocation space within the established time period, and has not met the
space reservation requirements of Section 1.4.4 to the extent applicable,
Frontier may reclaim the unused Collocation space to accommodate another
Carrier's request or Frontier's future space requirements. Frontier shall have
the right, for good cause shown, and upon sixty (60) calendar days' notice, to
reclaim any Collocation space, cable space or conduit space in order to fulfill
its obligation under public service law and its Tariffs to provide
telecommunication services to its Customers. In such cases, Frontier will
reimburse Carrier 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. Carrier may seek
Commission relief from reclamation within ten (10) Business Days of being
notified.
1.5 Pricinq.
1 .5.1 Rate Sheet. The rates for Frontier's Collocation services provided pursuant to
this Agreement are set forth in the Pricing Aftachment 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,
shall supersede and replace the corresponding rates set forth in the Pricing
Attachment and such rates specified in the Pricing Attachment shall cease to
be effective. Notwithstanding anything in this Agreement to the contrary, the
rates identified in this Collocation Attachment also may be superseded
prospectively by rates contained in future final, binding and non-appealable
regulatory orders or as otherwise required by legal requirements.
'1.5.3 Billinq and Pavment. The initial payment of NRCs shall be due and payable in
accordance with Section 1.3.1. The balance of the NRCs and all related
monthly recurring service charges will be billed to Carrier when Frontier
provides Carrier 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 Liabilitv and lndemnification.
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
Aftachment, 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
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1.6.2
1.6.3
1.6.4
1.6.5
1.6.6
1.6.7
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 Carrier or by any others, for damages
associated with the installation, provision, termination, maintenance, repair or
restoration of service, Frontier's liability, if any, shall not exceed an amount
equal to the proportionate charge for the service by Frontier for the service for
the period during which service was affected.
Frontier shall not be liable for any act or omission of any other party furnishing
a portion of service used in connection with the services herein.
Frontier is not liable for damages to Carrier 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 Carrier 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
Carrier or its end user in connection with facilities provided by
Frontier, Carrier, or the end user; or
1.6.4.2 Frontier shall not be liable to Carrier 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 Carrier from any and all claims by any person
relating to Carrier'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 Carrier facilities, equipment, or services used in conjunction with the
services provided under this Aftachment. Nor shall Frontier be liable for any
damages or losses due to unauthorized use of the services or the failure or
negligence of Carrier or Carrier end user, or due to the failure of equipment,
facilities, or services provided by Carrier or its end user.
1.6.8
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1.6.9
1.6.10
1.6.11
1.6.12
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.
Carrier 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 Carrier or by
any other party or person for damages to property and injury or death to
persons, including paymentg made under any worker's compensation law or
under any plan for employees' disability and death benefits, which may arise
out of or be caused by the installation, maintenance, repair, replacement,
presence, use or removal of Carrier'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 Carrier 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 Carrier, its employees, agents,
former or striking employees, or contractors, in connection therewith, unless
caused by gross negligence or willful misconduct on the part of Carrier.
Carrier 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 aftorney'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 Carrier, and/or acts by Carrier, its
employees, agents or contractors.
Carrier 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 aftorney's fees, arising out of or relating to Carrier
installation and operation of its facilities or equipment within the multiplexing
node, roof space and transmitter space.
Carrier 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.
Carrier 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
Carrier, its directors, officers, employees, servants, agents, affiliates and
parent. These provisions shall survive the termination, cancellation,
1 .6.13
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1.7
1.6.14
1 .6.1 5
Casualtv.
1.7 .1
modification or rescission of the Agreement for at least 18 months from the
date of the termination.
Frontier represents, warrants and covenants that it shall comply with all
applicable federal, state or local law, ordinance, rule or regulations, in
connection with its provision of service within or on the exterior of the central
office, including but not limited to, any applicable environmental, fire, OSHA or
zoning laws. Frontier shall indemnify, defend, and hold harmless Carrier, 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 Carrier 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, Carrier shall give immediate notice thereof to Frontier. The
terms and conditions of this Attachment shall remain in full force and effect
with the following modifications:
1.7.1.1 lf the Collocation equipment location or any part thereof is partially
damaged or rendered partially unusable by fire or other casualty
caused by Frontier, the damages thereto shall be repaired by and at
the expense of Frontier. Non-recurring and monthly recurring
charges, until such repair is substantially completed, shall be
apportioned from the day following the casualty according to the
part of the Collocation equipment location which is usable. Frontier
reserves the right to elect not to restore the Collocation equipment
location under the conditions specified in 1.8.2. lf Frontier elects to
restore the Collocation equipment location, Frontier shall inform
Carrier 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 Carrier as soon as possible. Frontier shall make
repairs and restorations with all reasonable expedition subject to
delays due to adjustment of insurance claims, labor troubles and
causes beyond Frontier's reasonable control.
1.7.1.2 lf the Collocation equipment location or any part thereof is totally
damaged or rendered wholly unusable by fire or other casualty
caused by Frontier, then applicable non-recurring and monthly
recurring charges shall be proportionately paid up to the time 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 Carrier 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 Carrier
as soon as possible. Frontier shall make repairs and restorations
with all reasonable expedition subject to delays due to adjustment of
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1.7.2
1.7.3
1.7 .4
1.7.5
1.7.6
insurance claims, labor troubles and causes beyond Frontier's
reasonable control.
1.7.1.3 lf the Collocation equipment location or any part thereof is partially
damaged or rendered partially unusable by fire or other casualty
through no fault of Frontier or Carrier, then the 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. Any repair or restoration work undertaken by
Carrier 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 Carrier's Collocation
equipment location or any part thereof under the conditions
specified in 1.8.2.
1.7.1.4 lf the Collocation equipment location or any part thereof is totally
damaged, rendered wholly unusable, partially damaged or rendered
partially unusable by fire or other casualty caused by Carrier, the
liability and indemnification provisions of this Aftachment shall apply
and Frontier may terminate Carrier Collocation arrangement
immediately.
lf the Collocation equipment location or any part thereof is rendered wholly
unusable through no fault of Carrier, 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 Carrier Collocation equipment location or any
part thereof. ln this event, Frontier will provide Carrier 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 afier the issuance of such notice to Carrier. Carrier must vacate the
premises by the date specified in the notice. Frontie/s rights against Carrier
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 Carrier,
which were on account of any period subsequent to such date shall be
returned to Carrier.
After any such casualty and upon request by Frontier, Carrier shall remove
from the Collocation equipment location and other associated space, as
promptly as reasonably possible, all of Carrier 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, Carrier liability for applicable non-recurring and monthly recurring
charges shall resume either upon occupancy by Carrier 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 Carrier from liability that
may exist as a result of damage from fire or other casualty.
Each party shall look first to any insurance in its favor before making any claim
against the other party for recovery for loss or damage resulting from fire or
other casualty, and to the extent that such insurance is in full force and
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collectible and to the extent permitted by law, Frontier and Carrier 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 Carrier furniture and/or furnishings or
any fixtures or equipment, improvements, or appurtenances removable by
Carrier 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 Charoes. Frontier shall provide Carrier 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 Carrier of the Scheduled Completion
Date and will request Carrier to schedule and attend a "Collocation
Acceptance Meeting" (CAM'). Collocation charges willbe implemented in
accordance with this section regardless of the readiness of Carrier to utilize the
completed Collocation arrangement.
1.8.1.1 Collection of Non-Recurrino Charges. The initial payment of non-
recurring charges (NRCs) shall be due and payable in accordance
with Section 1.3.3. Carrier shall pay the balance of the NRCs
('NRC Balance") upon Carrier acceptance of the Collocation
arrangement or thirty (30) calendar days after the Collocation
arrangement is completed, whichever comes first.
1.8.1.2 Commencement of Recurrinq Charqes. Monthly recurring charges
will commence upon Carrier 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 Carrier may request to extend or delay the
Scheduled Completion Date of a Collocation arrangement for up to
six (6) months. A Carrier 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, Carrier 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 Carrier or the
six (6) month extension period has expired, whichever comes first.
At any time during or afier the extension period, if Carrier 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 Carrier's Collocation request prior to the
end of the six (6) month extension period, Frontierwill notify Carrier
that its Collocation space has been requested by another Carrier.
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1.8.2
1.8.3
Carrier 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 Carrier retains the
Collocation space, monthly recurring charges shallcommence for
Carrier thirty (30) calendar days after Carrier sends the Retention
Notice or when Carrier accepts the space, whichever comes first.
Grounds for Termination bv Frontier. Failure by Carrier 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 Carrier: (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 Carriers.
Frontier also reserves the right to terminate such services, without prior notice,
in the event Carrier'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 Carrier's
Collocation space.
Frontier reserves the right to inspect Carrier'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 andior access to unbundled network elements (from, for
example, insufficient DC Power and/or facility terminations), Frontier reserves
the right to terminate Carrier'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 Carrier. Carrier must notify Frontier in writing of its plans to
terminate a Collocation arrangement ("Carrier Termination Notice"), and such
Carrier termination shall be governed by this Section.
1.8.3.1 Termination After Completion. lf Carrier 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 Carrier Termination Notice.
lf Carrier terminates a Collocation arrangement under this section,
the termination shall be governed by Section 1.8.4 and Carrier
remains responsible to pay any unpaid NRCs associated with the
terminated arrangement as set forth in Section 1.8.1. lf the
Collocation arrangement being terminated contains equipment in
which a third party maintains an ownership or a security interest,
Carrier shall include a list of any such owners and secured parties in
Carrier Termination Notice.
Termination Prior to Comoletion. lf Carrier 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 Carrier Termination Notice. For
all non-recurring charges associated with providing the Collocation
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1.8.4
arrangement, Carrier 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 Carrier):
1.8.3.2.1 Effective date of Carrier termination on or between Days
1 to 15, Carrier owes 20% of non-recurring charges.
1.8.3.2.2 Effective date of Carrier termination on or between Days
16 to 30, Carrier owes 40% of non-recurring charges.
1.8.3.2.3 Effective date of Carrier termination on or between Days
31 to 45, Carrier owes 60% of non-recurring charges.
1.8.3.2.4 Effective date of Carrier termination on or between Days
46 to 60, Carrier owes 80% of non-recurring charges.
1.8.3.2.5 Effective date of Carrier termination after Day 60, Carrier
owes 100% of non-recurring charges.
lf after applying these percentages to NRCs already paid by Carrier,
any refunds are due Carrier, such refunds shall be applied first as a
credit to any accounts with balances owed by Carrier to Frontier,
with any remaining refund amount issued to Carrier.
Engineering/major augment fees submitted with the application will
not be refunded. Carrier 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 Carrier 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. Carrier shall
disconnect and remove its equipment from the designated
Collocation space by the effective date of the termination. Upon
removal by Carrier of all its equipment from the Collocation space, if
Carrier does not restore the Collocation space to its original
condition at time of occupancy, Carrier will reimburse Frontier for
the cost to do so. Due to physical and technical constraints,
removal of Carrier entrance facility cable will be at Frontier's option.
Carrier shall reimburse Frontier for all costs Frontier incurs to
decommission DC Power and transmission cable terminations
previously applied for by Carrier. Frontier reserves the right to
remove Carrier's equipment if Carrier fails to remove and dispose of
the equipment by the effective date of the termination. Carrier 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 Carrier 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 originalcondition at space
turnover.
1.8.4.2 Refund of Non-Recurring Charges. lf Frontier or Carrier has
terminated a Collocation arrangement pursuant to Sections 1.8.2
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and 1.8.3 and Carrier ('original Carrie/') has paid a non-recurring
charge(s) for an asset in a Collocation arrangement, and is
succeeded by another Carrier who uses the same asset
("subsequent Carrie/'), Carrier will receive a refund from Frontier for
the remaining undepreciated amount of the asset upon occupancy
by the subsequent Carrier up to the applicable non-recurring
charges paid by the subsequent Carrier. lf Frontier uses an asset
for which Carrier paid a non-recurring charge, Frontier will make a
pro rata refund of such paid non-recurring charges to Carrier. For
purposes of calculating prorated refunds to Carrier, 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 Carrier to Frontier, and any remaining refund
amount will be issued to Carrier. Engineering lmajor augment fees
submitted with the application and any other paid non-recurring
charges not associated with the asset will not be refunded.
1.8.5 Closure, 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
Carrier of events which may lead to the automatic termination of any such
arrangement pursuant to the terms and conditions of this Attachment, except
when extraordinary circumstances require a shorter interval. ln such cases,
Frontier will provide notice to Carrier as soon as practicable. Frontier will work
with Carrier to identify alternate Collocation arrangements. Frontier will work
cooperatively with Carrier to minimize any potential for service interruption
resulting from such actions.
1.8.6 Miscellaneous. Frontier retains ownership of Frontier premise floor space,
adjacent land and equipment used to provide all forms of Collocation. Frontier
reserves for itself and its successors and assignees, the right to utilize the
Frontier premises' space in such a manner as will best enable it to fulfill
Frontier's service requirements. Carrier 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 Carrier requires use of a Frontier
local exchange line, Carrier must order a business local exchange access line
(Bl). Carrier 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 Attachment shall apply to virtual Collocation.
1.9.1 Description. Under virtual Collocation, Frontier installs and maintains Carrier
provided equipment, which is dedicated to the exclusive use of Carrier in a
Collocation arrangement. Carrier provides fiber-optic facilities through Frontier
entrance manholes for connection to Carrier 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
Carrier's location, the fiber optic cable remains Carrier's responsibility, with
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1.9
1.9.2
1.9.3
1.9.4
Carrier performing all servicing and maintaining full ownership. lf Carrier is
purchasing Frontier provided unbundled interoffice facilities as transport,
Carrier entrance fiber is not required. All elements/services shall be connected
to the output cables of the virtual Collocation arrangement using Frontier
designated cable assignments, not channel assignments.
Virtual Collocation is offered on a first come, first served basis and is provided
subject to the availability of space and facilities in each premises where virtual
Collocation is requested.
lf Carrier requests virtual Collocation of equipment other than the standard
virtual arrangement, Carrier and Frontier will mutually agree upon the type of
equipment to be virtually collocated.
lmplementation lntervals and Planninq. Frontier and Carrier shallwork
cooperatively to jointly plan the implementation milestones. Frontier and
Carrier 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 Carrier-provided transmission equipment and for training.
Frontier will notify Carrier of issues or unanticipated delays, as they become
known. Frontier and Carrier shall conduct additionaljoint planning meetings,
as reasonably required, to ensure all known issues are discussed and to
address any that may impact the implementation process. Planning meetings
shall include establishment of schedule, identification of tests to be performed,
spare plug-in/card requirements, test equipment, and determination of the final
implementation schedule.
The implementation interval is 76 Business Days for all standard arrangement
requests which were properly forecast six months prior to the application dates
subject to the provisions in this Attachment governing forecasting and capacity.
Carrier shall deliver the virtual Collocation equipment to Frontier premises by
Business Day forty (40). Frontier and Carrier shallwork cooperatively to
schedule each site on a priority-based order. Frontier and Carrier shall
mutually agree upon intervals for non-standard arrangements.
Transmission Failure. Carrier shall be responsible for monitoring and reporting
signal loss to Frontier. ln the event of a transmission failure, Carrier 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 Carrier
within eight (8) Business Days of the results of this review and site survey.
The dedicated terminalequipment inside Frontier's premises shall be provided
by Carrier 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
Carrier will remove the equipment. Carrier 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, Carrier may hire the same approved
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1.9.5
contractors directly for installation, maintenance or repair of Carrier designated
equipment.
Where Frontier does not use contractors, Carrier designated equipment and
Carrier provided facilities used in the provision of virtual Collocation will be
installed, maintained and repaired by Frontier. Frontier will maintain and repair
Carrier designated equipment under the same timeframe and standards as its
own equipment.
Carrier 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 notifo Carrier if a local office alarm detects an
equipment affecting condition.
Frontier will be responsible to pull the fiber into and through the cable entrance
facility (i.e., vault) to the virtual Collocation arrangement. All installations into
the cable entrance facility are performed by Frontier personnel or its agents.
No virtual Collocation arrangement will be placed in service by Frontier until
necessary training has been completed (refer to Section 1.9.11).
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 Carrier-
dedicated plug-in/card storage cabinet. Carrier 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 Carrier's failure to replace defective plug-ins/cards.
Frontier shall not be held responsible if Carrier provides an inadequate supply
of plug-ins/cards. Frontier will segregate and secure Carrier-provided
maintenance spares in Carrier-provided spare plug-in/card cabinet.
Carrier shall provide the shop-wired piece of equipment fully pre-equipped with
working plug-ins/cards. ln addition, Carrier shall provide Frontier with
maintenance spares for each plug-in/card type. The number of maintenance
spares shall be the manufacturer's recommended amount, unless otherwise
mutually agreed by Frontier and Carrier, 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 Carrier prior to delivery to Frontier.
ln addition to maintenance spares, Carrier 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,
Carrier 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, Carrier shall have the option of providing
a stand-alone spare plug-in/card cabinet(s) or a rack-mountable spare plug-
in/card cabinet(s), to Frontier's specification, to house the spare plug-ins/cards.
The spare plug-in/card cabinet(s) and minimum number of maintenance spares
must be provided before the virtual Collocation arrangement is completed and
service is established.
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1.9.6
1.9.7
1.9.8
The amount of spare plug-ins/cards required will be based on the
manufacturer's recommended amount, unless otherwise mutually agreed by
Frontier and Carrier.
Safetv and Technical Standards. Frontier reserves all rights to terminate,
modify or reconfigure the provision of service to Carrier if, in the discretion of
Frontier, provision of service to Carrier may in any way interfere with or
adversely affect Frontier's network or its ability to service other Carriers.
All Carrier equipment to be installed in Frontier premises must fully comply with
the GR - 000063 - CORE, GR - 1089 - CORE and Frontier's premises
environmental and transmission standards in effect at the time of equipment
installation. The equipment must also comply with the requirements in NIP
74165, as they relate to fire, safety, health, environmental, and network
safeguards.
It is Carrier's responsibility to demonstrate and provide to Frontier adequate
documentation from an accredited source certifying compliance. Carrier
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.
Carrier equipment is not required to meet the same performance and reliability
standards as Frontier imposes on its own equipment as deflned in RNSA -
NEB - 95 - 0003, Revision '10 or higher. Carrier may install equipment that
has been deployed by Frontier for five years or more with a proven safety
record.
All Carrier's entrance facilities and splices must comply with TR - TSY -
00020, TR - NWT - 001058, BR - 760 -200 - 030 and SR - TAP -001421
as they relate to fire, safety, health, environmental safeguards and interference
with Frontier's services and facilities. Such requirements include, but are not
limited to the following: (1) The fibers must be single mode; (2) The fiber optic
units must be of loose tube (12 fibers) or ribbon (12 fibers) design; (3)The fiber
cable must be marked according to the cable marking requirements in GR - 20
- CORE, Section 6.2.1 - 4; (4) The fiber must be identified according to the
fiber and unit identification (color codes) in 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 Carrier'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 Carrier.
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 Carrier
1.9.9
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1.9.10
1.9.11
at the number provided and service the equipment as instructed and directed
by Carrier.
Placement, Removal and Monitorinq of Facilities and Equipment. From
manhole zero toward Carrier's location the fiber optic cable remains Carrier's
responsibility, with Carrier performing all servicing and maintaining full
ownership.
Carrier has the responsibility to remotely monitor and control their circuits
terminating in Frontier's premises, however, Carrier will not enter Frontie/s
premises under virtual Collocation arrangements.
Performance and surveillance monitoring and trouble isolation shall be
provided by Carrier. A clear distinction must be made by Carrier when
submitting reports of troubles on Frontier services/elements connected to the
virtually collocated equipment and reports of troubles with the collocated
equipment. The former can be handled using Frontier technicians and
standard processes. The latter will require specially trained technicians familiar
with the collocated equipment (refer to Section 1 .9.1 1).
When Carrier isolates a trouble and determines that a Frontier technician
should be dispatched to the equipment location for a servicing procedure,
Carrier shall enter a trouble ticket with Frontier. Carrier 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 Carrier's technician/contact.
Responses to all equipment servicing needs will be at Carrier's direction.
Maintenance will not be performed without Carrier's direct instruction and
authorization.
lf Carrier is providing its own transport fiber for the virtual Collocation
arrangement, Carrier 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 Carrier. Frontier technicians will perform the instructed activities
on the equipment as specifically directed by Carrier.
Carrier shall provide, own, and operate the terminal equipment at their site
outside Frontier's premises.
Use of Non-Standard Equipment. When Carrier 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 Carrier, Carrier 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 specialtools or electronic test sets that Frontier
does not have at the premises involved must be provided by Carrier with
adequate manufacturer's training.
Carrier 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 Carrier. Carrier
shall also pay for Frontier technicians' time subject to rates contained in the
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1.9.12
1 .9.13
1.9.14
Pricing Attachment. When travel is required, travel expenses associated with
training will be charged to Carrier 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 Carrier also has the option of arranging and paying for
all travel expenses for Frontier technicians directly.
ln the event of an equipment upgrade, Carrier must provide secondary training
subject to the provisions contained herein.
Additions and Rearranqements. Once Carrier 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
Carrier decides to rearrange an existing virtual Collocation arrangement,
Carrier must submit a new application outlining the details of the
rearrangement along with a virtual engineering/major augment fee.
Application of Rates and Charqes.
Billinq. Frontierwillapply 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 Carrier to utilize
the completed virtual Collocation arrangement will not impair the right of
Frontier to commence billing.
Frontier shall charge Carrier for all costs incurred in providing the virtual
Collocation arrangement, including, but not limited to, Frontie/s planning,
engineering and installation time and costs incurred by Frontier for inventory
services. Any and allexpenses associated with placing Carrier's fiber in
manhole zero, including license fees, shall be the responsibility of Carrier.
Virtual Enoineerinq Fee. Frontier will require a virtual engineering/major
augment fee (NRC) per virtual Collocation request, per premise or other
Frontier location where Carrier requests to establish virtual Collocation, A
virtual engineeringimajor augment fee is required to be submitted by Carrier
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 Carrier cancels or withdraws its request for a virtual Collocation arrangement
prior to turn-up, Carrier will be liable for all costs and liabilities incurred by
Frontier in the developing, establishing, or otherwise furnishing the virtual
Collocation anangement up to the point of cancellation or withdrawal.
OtherViftual Collocation Rate Elements. The application, description, and
rates of Collocation rate elements that are also applicable for virtual Collocation
are described in the Pricing Attachment.
Conversions. Requests for converting virtual Collocation arrangements to
caged or cageless arrangements shall be submifted and designated as an
Augment Application described in Section 1.2.4. 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 virtualto caged or cageless will be assessed an
engineering/major augment Fee and other applicable charges. Frontier will
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notify Carrier within ten (10) Business Days following receipt of the completed
Augment Application if Carrier conversion request is accepted or denied.
When converting a virtual arrangement to a caged or cageless arrangement,
Carrier's equipment may need to be relocated. Carrier will be responsible for
all costs associated with the relocation of its equipment as described in
Section 1.2.6.
1.10 MicrowaveCollocation.
Microwave Collocation is available on a first-come first-served basis where technically
feasible. The microwave equipment may include microwave antenna(s), mounts, towers
or other antenna support equipment on the exterior of the building, and radio
transmitter/receiver equipment located either inside or on the exterior of the building. All
microwave antennas must be physically interconnected to Frontier facilities through the
Collocation arrangement. Unless otherwise specified in this Section 1.10, the provisions
contained in other sections of the Collocation Attachment shall apply to microwave
Collocation.
1 .10.'r Accommodations. Frontier will provide space within the cable riser, cable rack
support structures and between the transmitter/receiver space and the roof
space needed to reach the physical or virtual Collocation arrangement and to
access Frontier's interconnection point. Waveguide may not be placed in
Frontier cable risers or racks. Frontier reserves the right to prohibit the
installation of waveguide, metallic conduit and coaxial cable through or near
sensitive equipment areas. The route of the waveguide and/or coaxial cable
as well as any protection required will be discussed during the pre-construction
survey.
Frontier will designate the space in, on or above the exterior walls and roof of
the premises, which will constitute the roof space or transmitter/receiver space.
Frontier may require Carrier'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 Carrier'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 Carrier. Frontier reserves the right to
use existing support structures for Carrier's antenna, subject to space and
capacity limitations. Frontier also reserves the right to use any unused portion
of a support structure owned by Carrier 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 Carrier
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 Carriers to use the support structure for
microwave interconnection on a first-come first-served basis.
For those interconnecting via microwave facilities, transmitter/receiver
equipment may be located in Carrier's interior Collocation space, or in a
separate location inside or on the exterior of the building as determined by
Frontier.
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1.10.2 Securitv. Frontier will permit Carrier's employees, agents and contractors
approved by Frontier to have access to the areas where Carrier's microwave
antenna and associated equipment (e.9., tower and support structure,
transmitter/receiver equipment, and waveguide and/or coaxial cable) is located
during normal business hours for installation and routine maintenance,
provided that Carrier 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 Carrier to
have access to Carrier'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 reserves the right to review wind or ice loadings, etc., for antennas
over 18 inches in diameter or for any multiple antenna installations, and to
require changes necessary to insure that such loadings meet generally
accepted engineering criteria for radio tower structures.
The minimum height of equipment placement, such as microwave antennas,
must be eight feet from the roof. For masts, towers and/or antennas over ten
(10) feet in height, Carrier 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 Carrier owned structures that are solely for the use of one
Carrier's antenna(s), such inspection will be at Carrier's own cost and expense.
For structures used by multiple Carriers, 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.
Carrier 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 Carrier's facilities or equipment
located in roof space or transmitter/receiver space. Carrier also agrees to take
all necessary corrective action.
All Carrier 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 technicalspecifications described
herein. Where a difference may exist in the specifications, the more stringent
shallapply.
Carrier must comply with Frontier technical specifications for microwave
Collocation interconnection specified in NIP - 74171 and Frontie/s digital
switch environmental requirements specified in NIP - 74165, as they relate to
fire, safety, health, environmental, and network safeguards, and ensure that
Carrier provided equipment and installation activities do not act as a hindrance
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1.10.4
to Frontier services or facilities. Carrier'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.
Carrier 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 Carrier 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 alltransmitters 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 Carrier in allcases is specified in ANSI C95.1 - 1982.
Carrier 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. Carrier equipment is not
required to meet the same performance and reliability standards as Frontier
imposes on its own equipment as defined in RNSA - NEB - 95 - 0003,
Revision 10 or higher.
Placement and Removal of Facilities and Equipment. Prior to installation of
Carrier's facilities or transmission equipment for microwave interconnection,
Carrier 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.
Carrier is not permitted to penetrate the building exterior wall or roof when
installing or maintaining transmission equipment and support structures. All
building penetration will be done by Frontier or a hired agent of Frontier.
Any Carrier'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 Carrier.
Carrier 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
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1 .10.5
1.10.6
and support structure and any associated equipment; and the
transm itter/receiver equ ipment and any requ ired g rou ndin g.
Carrier 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 Carrier 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.), Carrier must request
and receive written consent from Frontier. Such consent will not be
unreasonably withheld. Carrier shall not make any changes from initial
installation in terms of the number of transmitter/receivers, type of radio
equipment, power output of transmifters or any other technical parameters
without the prior written approval of Frontier.
Soace and Facilities. Monthly rates are applicable to Carrier for the space
(generally on the premises roof) associated with Frontier or other Carrier
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 Carrier's relative capacity ratio (RCR), (i.e., the sum of the RCRs
of each of the Carrier'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
Carrier. 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 Carrier proposing to use the
structure, on a one-time basis, for the following costs and/or values. Any
incrementalcosts associated with installing the Carrier'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 Carrier's proposed antenna(s) to be mounted on the
structure. Carrier's RCR represents the percent of the total capacity of the
support structure used by Carrier'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
Carrier the net book value of the structure at the time of the proposed use.
Upon request, the owner shall also provide the proposed user accounting
records or other documentation supporting the net book value.
The owner of the structure may not assess Carrier any charges in addition to
the one-time charge described above, except that the owner of the structure
may assess Carrier a proportionate share of inspection costs and Frontier may
assess Carrier monthly recurring charges for use of its roof space. At the time
Carrier proposes to attach additional antennas to an existing support structure,
it shall be the responsibility of Carrier 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.
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1.10.7
When a Carrier is the owner of the structure, the proposed user shall pay
Carrier directly the one-time charge as set forth above. \Men Frontier is the
owner of the support structure, it shall determine the charge on an individual
case basis. ln the event that Carrier 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, willbe billed to Carrier.
Emeroencv Power and/or Environmental Support. In the event special work
must be done by Frontier to provide emergency power or environmental
support to the transmitter/receiver equipment or antenna, Carrier will be billed
on a time and materials basis for the costs incurred.
Escortino. When Carrier 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 .10.8
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9.1.1 ATTACHMENT
1. 9-1-1/E9-1-1 Arrangements
1.1 9-1-1/E9-1-1 arrangements provide access to the appropriate PSAP by dialing a 3-digit
universal telephone number, '9-1-1.' For areas where Frontier is the 9-1-1/E9-1-1
Service Provider, Frontier provides and maintains such equipment and software at the
Frontier 9-'1-1 Tandem/Selective Route(s) and, if Frontier manages the ALI Database,
the ALI Database, as is necessary for 9-1-1/E9-1-1 Calls. For areas where Carrier is the
9-1-1/E9-1-1 Service Provider, Carrier provides and maintains such equipment and
software at the Carrier 9-1-1 Tandem/Selective Router(s) and, if Carrier manages the ALI
Database, the ALI Database, as is necessary for 9-1-1/E9-1-1 Calls.
1.2 For areas where Carrier is the 9-1-1/E9-1-'1 Service Provider, Carrier shall make the
following information available to Frontier, to the extent permitted by Applicable Law:
1.2.1 a listing of the CLLI Code (and SS7 point code when applicable) of each
Carrier 9-1-1 Tandem/Selective Router and associated geographic location
served;
1.2.2 a listing of appropriate Carrier contact telephone numbers and organizations
that have responsibility for operations and support of Carrier's 9-1-1/E9-1-1
network and ALI Database systems; and
1.2.3 where Carrier maintains a Master Street Address Guide (MSAG) on behalf of a
Controlling 9-1-1 Authority, upon request by Frontier and as permitted by the
Controlling 9-1-1 Authority, a complete copy of such MSAG and, as the MSAG
is updated, changed or revised from time-to-time, any updates, changes and
revisions to the MSAG.
1.3 For areas where Frontier is the 9-1-'l/E9-1-1 Service Provider, Frontier shall make the
following information available to Carrier, to the extent permitted by Applicable Law:
1.3.1 a listing of the CLLI Code (and SS7 point code when applicable) of each
Frontier 9-1-1 Tandem/Selective Router and associated geographic location
served;
1.3.2 a listing of appropriate Frontier contact telephone numbers and organizations
that have responsibility for operations and support of Frontier's 9-1-1/E9-1-1
network and ALI Database systems; and
1.3.3 where Frontier maintains a Master Street Address Guide (MSAG) on behalf of
a Controlling 9-1-1 Authority, upon request by Carrier and as permitted by the
Controlling 9-1-1 Authority, a complete copy of such MSAG and, as the MSAG
is updated, changed or revised from time-to-time, any updates, changes and
revisions to the MSAG.
2. AL! Database
2.1 For areas where Carrier is the 9-1-1/E9-1-1 Service Provider and Carrier manages the
ALI Database, Frontier and Carrier shall establish mutually acceptable arrangements and
procedures for inclusion of Frontier End User data in the ALI Database, For areas where
Frontier is the 9-1-1/E9-1-1 Service Provider and Frontier manages the ALI Database,
Frontier and Carrier shall establish mutually acceptable arrangements and procedures for
inclusion of Carrier Customer data in the ALI Database.
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3. lnterconnection for Exchange of 9-1-1/E9-1-l Calls between the Parties
3.1 Each Party shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at any technically feasible
Point(s) of lnterconnection on Frontier's network, for the transmission and routing of
9-1-11E9-1-1 Calls from Frontier to Carrier for the transmission and routing of such
9-1-1/E9-1-1 Calls by Carrier to PSAPs for which Carrier is the 9-1-1/E9-1-1 Service
Provider. By way of example, a technically feasible Point of lnterconnection on Frontier's
network would include an applicable Frontier Tandem lnterconnection Wire Center
Frontier End Office lnterconnection Wire Center, or Frontier g-1-1 Tandem/Selective
Router lnterconnection Wire Center, but, notwithstanding any other provision of this
Agreement or a Tariff or otherwise, would not include a Carrier lnterconnection Wire
Center, Carrier switch or selective router, or any portion of a transport facility provided by
Frontier to Carrier or another party between (x) a Frontier lnterconnection Wire Center,
switch or selective router and (y) the lnterconnection Wire Center, switch or selective
router of Carrier or another party. For brevity's sake, the foregoing examples of locations
that, respectively, are and are not "on Frontier's network" shallapply (and are hereby
incorporated by reference) each time the term "on Frontier's network" is used in this
Agreement. Notwithstanding the foregoing Frontier shall have no obligation to transport
9-1-1/89-1-1 Calls between noncontiguous Frontier exchanges to reach a POl. A POI at
a Frontier switching or routing entity or Wire Center shall only provide interconnection
with the customers served by that switching or routing entity or Wire Center, and (in the
event of a POI at a tandem or host switch) the customers served by any subtending
switching entity.
3.2 For Frontier End User 9-1-1/E9-1-1 Calls delivered by Frontier to Carrier for the
transmission and routing of such 9-1-1/E9-1-1 Calls by Carrier to PSAPs for which
Carrier is the 9-1-1/E9-1-1 Service Provider, Frontier shall provide for transmission and
routing of such 9-1-1/E9-1-1 Calls with ANI from Frontier End Users to the POI(s)
established by the Parties at technically feasible Point(s) of lnterconnection on Frontier's
network. ln providing for transmission and routing of 9-1-1/E9-1-1 Calls from Frontier
End Users to the POI(s) established by the Parties at technically feasible Point(s) of
lnterconnection on Frontier's network, Frontier shall have the right to use such services,
trunks, facilities, arrangements and the like (including, but not limited to, switches and
selective routers located at points between the Frontier End Users and the POI(s)
established by the Parties at technically feasible Point(s) of !nterconnection on Frontier's
network) as Frontier in Frontier's sole discretion may decide to use. For the avoidance of
any doubt and without in any way limiting Frontier's rights under the preceding sentence,
in providing for transmission and routing of a 9-1-1/E9-1-1 Call from a Frontier End User
to the POI(s) established by the Parties at technically feasible Point(s) of lnterconnection
on Frontier's network, Frontier, in Frontier's sole discretion, may elect to use one or more
switches or selective routers located between the End Office serving the Frontier End
User and the POI(s) established by the Parties at technically feasible Point(s) of
lnterconnection on Frontier's network.
3.3 For 9-1-1/E9-1-1 Calls delivered to Frontier by Telecommunications Carriers
interconnected with Frontier and delivered by Frontier to Carrier for the transmission and
routing of such 9-1-1/E9-1-1 Calls by Carrier to PSAPs for which Carrier is the
9-1-1/E9-1-1 Service Provider, Frontier shall provide for transmission and routing of such
9-1-11E9-1-1 Calls with ANI (where ANI is delivered to Frontier by a Telecommunications
Carrier) from the Frontier point(s) of interconnection with the Telecommunications
Carriers to the POI(s) established by the Parties at technically feasible Point(s) of
lnterconnection on Frontier's network. ln providing for transmission and routing of
9-1-11E9-1-1 Calls from Telecommunications Carriers interconnected with Frontier to the
POI(s) established by the Parties at technically feasible Point(s) of lnterconnection on
Frontier's network, Frontier shall have the right to use such services, trunks, facilities,
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arrangements and the like (including, but not limited to, switches and selective routers
located at points between the Frontier point(s) of interconnection with such
Telecommunications Carriers and the POI(s) established by the Parties at technically
feasible Point(s) of lnterconnection on Frontier's network) as Frontier in Frontier's sole
discretion may decide to use. For the avoidance of any doubt and without in any way
limiting Frontier's rights under the preceding sentence, in providing for transmission and
routing of a 9-1-1/E9-1-1 Call from a Telecommunications Carrier interconnected with
Frontier to the POI(s) established by the Parties at technically feasible Point(s) of
lnterconnection on Frontier's network, Frontier, in Frontier's sole discretion, may elect to
use one or more switches or selective routers located between the Frontier point of
interconnection with such Telecommunications Carrier and the POI(s) established by the
Parties at technically feasible Point(s) of lnterconnection on Frontier's network.
For 9-1-1/E9-1-1 Calls delivered by Frontier to Carrier for the transmission and routing of
such 9-1-1/E9-1-1 Calls by Carrier to PSAPs for which Carrier is the 9-1-1/E9-1-1 Service
Provider, Carrier, at no charge to Frontier, shall provide transport for 9-1-1/E9-1-1 Calls
from the POI(s) established by the Parties at technically feasible Point(s) of
lnterconnection on Frontier's network to the PSAPs for which Carrier is the 9-1-1/E9-1-1
Service Provider. lf Carrier obtains such transport from Frontier, Carrier shall pay to
Frontier the full Frontier rates and charges (as set out in Frontier's applicable Tariffs and
this Agreement) for such transport and for any services, facilities and/or arrangements
provided by Frontier for such transport (including, but not limited to, rates and charges for
Frontier-provided Exchange Access services, such as entrance facilities, multiplexing and
transport, and rates and charges for Collocation obtained by Carrier from Frontier for
interconnection of Carrier's network with Frontier's network). Carrier shall pay to Frontier
the full Frontier rates and charges (as set out in Frontier's applicable Tariffs and this
Agreement) for interconnection at the POI(s) established by the Parties at technically
feasible Point(s) of lnterconnection on Frontier's network and for any services, facilities
and/or arrangements provided by Frontier for such interconnection (including, but not
limited to, rates and charges for Collocation obtained by Carrier from Frontier for
interconnection of Carrier's network with Frontier's network). For the avoidance of any
doubt, there shall be no reduction in any Frontier rates or charges because the transport,
interconnection, services, facilities and/or arrangements are used to carry 9-1-1/E9-1-1
Calls delivered by Frontier to Carrier.
Each Party shall provide to the other Party, in accordance with this Agreement, but only
to the extent required by Applicable Law, interconnection at Frontier 9-1-1
Tandem/Selective Router lnterconnection \Mre Centers, for the transmission and routing
of 9-1-1/E9-1-1 Calls from Carrier to Frontier for the transmission and routing of such
9-1-1/E9-1-1 Calls by Frontier to PSAPs for which Frontier is the 9-1-1/E9-1-1 Service
Provider that subtend the Frontier 9-1-1 Tandem/Selective Router located at the Frontier
9-1-1 Tandem/Selective Router lnterconnection Wire Center where the Parties are
interconnected. For the purposes of this Section 3.5, a PSAP for which Frontier is the
9-1-1/89-1-1 Service Provider shall be deemed to subtend a particular Frontier 9-1-1
Tandem/Selective Router if Frontier regularly routes 9-1-1/E9-1-1 Calls from Frontier End
Users through such Frontier 9-1-1 Tandem/Selective Router to that PSAP.
For 9-1-1lE9-1-1 Calls delivered by Carrier to Frontier for the transmission and routing of
such 9-1-1/E9-1-1 Calls by Frontierto PSAPs forwhich Frontier is the 9-1-1/E9-1-1
Service Provider, Carrier, at its own expense, shall provide transport to deliver the
9-1-1/E9-1-1 Calls to the POI(s) established by the Parties at Frontier 9-1-1
Tandem/Selective Router lnterconnection Wire Centers. lf Carrier obtains from Frontier
transport to deliver 9-1-1/E9-1-1 Calls to the POI(s) established by the Parties at Frontier
9-1-1 Tandem/Selective Router lnterconnection Wire Centers, Carrier shall pay to
Frontier the full Frontier rates and charges (as set out in Frontier's applicable Tariffs and
this Agreement) for such transport and for any services, facilities and/or arrangements
3.4
3.5
3.6
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provided by Frontier for such transport (including, but not limited to, rates and charges for
Frontier-provided Exchange Access services, such as entrance facilities, multiplexing and
transport, and rates and charges for Collocation obtained by Carrier from Frontier for
interconnection of Carrier's network with Frontier's network). Carrier shall pay to Frontier
the full Frontier rates and charges (as set out in Frontie/s applicable Tariffs and this
Agreement) for interconnection at the POI(s) established by the Parties at Frontier 9-1-1
Tandem/Selective Router lnterconnection Wire Centers and for any services, facilities
and/or arrangements provided by Frontier for such interconnection (including, but not
limited to, rates and charges for Collocation obtained by Carrier from Frontier for
interconnection of Carrier's network with Frontier's network). For the avoidance of any
doubt, there shall be no reduction in any Frontier rates or charges because the transport,
interconnection, services, facilities and/or arrangements are used to carry 9-1-1/E9-1-1
Calls delivered by Frontier to Carrier.
3.7 This Section 3 does not apply with regard to 9-1-1/E9-1-1 Calls to the extent such
9-1-11E9-1-1 Calls are subject to Section 4, following.
Notwithstanding any of the foregoing in Section 3, Frontier shall have no obligation to
transport 9-1-11E9-1-1 Calls between noncontiguous Frontier exchanges to reach a POI
A POI at a Frontier switching or routing entity or Wire Center shall only provide
interconnection with the customers served by that switching or routing entity or Wire
Center, and (in the event of a POI at a tandem or host switch) the customers served by
any subtending switching entity.
4. lnterconnection for lnter-PSAP Transfer of 9-1-1/E9-1-1 Calls
4.1 Where the Controlling 9-1-1 Authority for a PSAP for which Frontier is the 9-1-1/E9-1-1
Service Provider and the Controlling 9-1-1 Authority for a PSAP for which Carrier is the
9-1-11E9-1-1 Service Provider agree to transfer 9-1-1/E9-1-1 Calls from one PSAP to the
other PSAP and each Controlling 9-1-1 Authority requests its 9-1-1/E9-1-1 Service
Provider to establish arrangements for such 9-'t-1/E9-1-1 Call transfers, each Party shall
provide to the other Party, in accordance with this Agreement, but only to the extent
required by Applicable Law, interconnection at any technically feasible Point(s) of
lnterconnection on Frontier's network, for the transmission and routing of 9-1-1/E9-1-1
Calls from a PSAP for which one Party is the 9-1-1/E9-1-1 Service Provider to a PSAP
for which the other Party is the 9-1-1/E9-1-1 Service Provider. The technically feasible
Point(s)of lnterconnection on Frontier's network shall be as described in Section 3.1,
above.
4.2 For the transfer of 9-1-1/E9-1-1 Calls from one PSAP to another PSAP as described in
Section 4.1 above, each Party, at its own expense, shall provide transport between the
PSAP for which such Party is the 9-1-1/E9-1-1 Service Provider and the POI(s)
established by the Parties at technically feasible Point(s) of lnterconnection on Frontier's
network. lf Carrier obtains from Frontier transport between the PSAPs for which Carrier
is the 9-1-1/E9-1-'1 Service Provider and the POI(s) established by the Parties at
technically feasible Point(s) of lnterconnection on Frontier's network, Carrier shall pay to
Frontier the full Frontier rates and charges (as set out in Frontier's applicable Tariffs and
this Agreement) for such transport and for any services, facilities and/or arrangements
provided by Frontier for such transport (including, but not limited to, rates and charges for
Frontier-provided Exchange Access services, such as entrance facilities, multiplexing and
transport, and rates and charges for Collocation obtained by Carrier from Frontier for
interconnection of Carrier's network with Frontier's network). Carrier shall pay to Frontier
the full Frontier rates and charges (as set out in Frontier's applicable Tariffs and this
Agreement) for interconnection at the POI(s) established by the Parties at technically
feasible Point(s) of lnterconnection on Frontier's network and for any services, facilities
and/or arrangements provided by Frontier for such interconnection (including, but not
3.8
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limited to, rates and charges for Collocation obtained by Carrier from Frontier for
interconnection of Carrier's network with Frontier's network). For the avoidance of any
doubt, there shall be no reduction in any Frontier rates or charges because the transport,
interconnection, services, facilities and/or arrangements are used to carry 9-1-1/E9-1-1
Calls delivered by Frontier to Carrier.
4.3 For the transfer of 9-1-1/E9-1-1 Calls from one PSAP to another PSAP as described in
Section 4.1 above, the Parties shall mutually agree upon: (a) whether they will use one-
way trunks (trunks with traffic going in one direction, including one-way trunks and uni-
directional two-way trunks) and/or two-way trunks (trunks with traffic going in both
directions); and, (b) design blocking objectives for the trunks.
4.4 The Parties will maintain appropriate dial plans to support inter-PSAP call transfer and
shall notify each other of changes, additions or deletions to those dial plans.
4.5 Notwithstanding the foregoing, where Frontier does not maintain a Selective Router in the
county or jurisdiction in question, Section 4 will not apply.
5. lnitiating lnterconnection
5.1 For each Frontier wire center in which one Party is or becomes the 9-1-1/E9-1-1 Service
Provider for a PSAP to which the other Party will send 9-1 -1lE9-1 -1 Calls pursuant to this
Agreement and in which the Parties are not already interconnected pursuant to this
Agreement, Carrier shall provide written notice to Frontier of the need to establish
interconnection pursuant to this Agreement.
5.2 The notice provided in Section 5.1 above shall include (a) the proposed POI(s) to be
established at technically feasible Point(s) of lnterconnection on Frontier's network in
accordance with Section 3.'1 above; (b) Carrier's intended interconnection activation date;
(c) a forecast of Carrier's trunking requirements; and (d) such other information as
Frontier shall reasonably request in order to facilitate interconnection.
5.3 The interconnection activation date 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 Carrier's notice provided for in Section 5.1 above,
Frontier and Carrier shall confirm the POI(s) to be established at technically feasible
Point(s) of lnterconnection on Frontier's network and the mutually agreed upon
interconnection activation date.
5.4 Prior to establishing interconnection, the Parties shall 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 trunks and the
interface specifications at the POI(s) to be established at technically feasible Point(s) of
lnterconnection on Frontier's network.
5.5 The procedure set out in Sections 5.1 through 5.4, preceding, for initiating
interconnection in which the Parties are not already interconnected pursuant to this
Agreement shall also apply when the Parties wish to establish pursuant to this
Agreement additional POI(s) at technically feasible Point(s) of Interconnection on
Frontier's network in which the Parties are already interconnected pursuant to this
Agreement.).
5.6 Upon request by either Party, the Parties shall meet to: (a) review traffic and usage data
on trunk groups; and (b) determine whether the Parties should establish new trunk
groups, augment existing trunk groups, or disconnect existing trunks.
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5.7 Because Frontier will not be solely in control of when and how many two-way trunks are
established between its network and Carrier's network, Frontier's performance in
connection with these two-way 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.
6. Trunk Forecasting Requirements.
6.1 lnitialTrunk Forecast Requirements. At least ninety (90) days before initiating
interconnection in a LATA, Carrier shall provide Frontier a two (2)-year traffic forecast
that complies with the Frontier Trunk Forecast Guidelines, as revised from time to time.
6.2 Onqoino Trunk Forecast Requirements. Where the Parties have already established
interconnection, on a semi-annual basis, Carrier shall submit a good faith forecast to
Frontier of the number of trunks that Carrier anticipates Frontier will need to provide
during the ensuing two (2) year period for the exchange of traffic between Carrier and
Frontier. Carrier's trunk forecasts shall conform to the Frontier Trunk Forecast
Guidelines as in effect at that time. Carrier also shall provide a new or revised traffic
forecast that complies with the Frontier Trunk Forecast Guidelines when Carrier develops
plans or becomes aware of information that will materially affect the Parties'
interconnection.
6.3 Use of Trunk Forecasts. Trunk forecasts provided pursuant to this Agreement must be
prepared in good faith but are not otherwise binding on Carrier or Frontier.
lf Carrier enters into a written contract with a Controlling 9-1-'l Authority to become the
9-1-11E9-1-1 Service Provider for a PSAP to which Frontier delivers 9-1-1/E9-1-1 Calls,
upon written request by Carrier, to the extent authorized by the Controlling 9-1-1
Authority and the PSAP, Frontier shall advise Carrier of the number of trunks, expressed
as DSO quantities, Frontier uses to deliver 9-1-1/E9-1-1 Calls from Frontier's 9-1-1
Tandem/Selective Router(s) to that PSAP.
7. Compensation
7.1 Subject to Sections 7.2 and 7.3 following, the rates and charges for the Services provided
by each Party to the other Party under this Attachment shall be as provided in this
Attachment and pursuant to the Pricing Attachment.
7.2 Notwithstanding any other provision of this Agreement or a Tariff or otherwise, Carrier
shall not bill to Frontier, and Frontier shall not be obligated to pay to Carrier:
7.3 Any rates or charges (including, but not limited to, Reciprocal Compensation Charges,
lntercarrier Compensation Charges and Exchange Access Service Charges) in
connection with 9-1-1/E9-1-1 Calls (including, but not limited to, 9-1-1/E9-1-1 Calls
delivered by Frontier to Carrier pursuant to Sections 3 and 4, above, and 9-1-1/E9-1-1
Calls delivered by Carrier to Frontier pursuant to Sections 3 and 4, above); or
7.4 Any other rates or charges for transmission, routing, transport or termination, or for
facilities used for transmission, routing, transport or termination, of 9-'1-1/E9-1-1 Calls
(including, but not limited to, 9-1-1/E9-1-1 Calls delivered by Frontier to Carrier pursuant
to Sections 3 and 4, above, and 9-1-1/E9-1-1 Calls delivered by Carrier to Frontier
pursuant to Sections 3 and 4, above); or
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6.4
7.5 Any ALI Database related rates or charges (including, but not limited to, rates or charges
for Frontier to access, use, or include or store Frontier End User data in, an ALI
Database); or
7.6 Any MSAG related rates or charges (including, but not limited to, rates or charges for an
MSAG, MSAG updates, changes or revisions, or MSAG information).
7.7 Notwithstanding any other provision of this Agreement or a Tariff or otherwise, for
9-1-1iE9-1-1 Calls delivered by Carrier to Frontier pursuant to Sections 3 and 4 above,
Frontier shall not bill to Carrier, and Carrier shall not be obligated to pay to Frontier, any
charges (including, but not limited to ReciprocalCompensation Charges, lntercarrier
Compensation Charges, or Exchange Access Service Charges) for the transport of such
9-1-1/E9-1-1 Calls from the POI(s) established by the Parties at technically feasible
Point(s) of lnterconnection on Frontier's network to PSAPs for which Frontier is the
9-1-1/E9-1-1 Service Provider. However, for the avoidance of any doubt, notwithstanding
anything in the preceding sentence of this Section 7.7 or in any other provision of this
Agreement or a Tariff or otherwise, Carrier shall be obligated to pay to Frontier: (a) the
full Frontier rates and charges (as set out in Frontier's applicable Tariffs and this
Agreement) for transport, services, facilities and/or arrangements obtained by Carrier
from Frontier for transport of 9-1-1/E9-1-1 Calls to the POI(s) established by the Parties
at technically feasible Point(s) of lnterconnection on Frontier's network (including, but not
limited to, rates and charges for Frontier-provided Exchange Access services, such as
entrance facilities, multiplexing and transport, used by Carrier for transport of
9-1-1/E9-1-1 Calls to the POI(s) established by the Parties at technically feasible Point(s)
of lnterconnection on Frontier's network, and rates and charges for Collocation obtained
by Carrier from Frontier for interconnection of Carrier's network with Frontier's network);
and, (b) the full Frontier rates and charges (as provided for in Frontier's applicable Tariffs
and this Agreement) for interconnection of Carrier's network with Frontier's network at the
POI(s) established by the Parties at technically feasible Point(s) of lnterconnection on
Frontier's network (including, but not limited to, rates and charges for Collocation
obtained by Carrier from Frontier for interconnection of Carrier's network with Frontier's
network). For the avoidance of any doubt, there shall be no reduction in any Frontier
rates or charges because the transport, interconnection, services, facilities and/or
arrangements are used to carry 9-1-1/E9-1-1 Calls delivered by Frontier to Carrier.
8.1 Frontier and Carrier shallwork cooperatively to arrange meetings with the Controlling
9-1-1 Authorities to answer any technical questions the PSAPs or Controlling 9-1-1
Authority coordinators may have regarding the 9-1-1/E9-1-1 arrangements.
8.2 Each Party shallcollect and remit, as required, any 9-1-1/E9-1-1 applicable surcharges
from its Customers in accordance with Applicable Law.
8.3 Nothing in this Agreement shall be deemed to prevent Frontier from billing to a
Controlling 9-1-1 Authority or PSAP rates or charges for:
8.3.1 services, facilities and/or arrangements provided by Frontier in connection with
9-1-1/E9-1-1 Calls from a Frontier End User or a Telecommunications Carrier
interconnected with Frontier to a PSAP for which Carrier is the 9-1-'1/E9-'l-1
Service Provider (including, but not limited to, charges for the transmission and
routing of 9-1-1/E9-1-1 Calls from Frontier End Users or Telecommunications
Carriers interconnected with Frontier to the technically feasible Point(s) of
I nterconnection on Frontier's network);
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8. 9-1-1/E9-1-l General
8.4
8.3.2 services, facilities and/or arrangements provided by Frontier in connection with
9-1-1/E9-1-1 Calls from Carrier to a PSAP for which Frontier is the
9-1-1/E9-1-1 Service Provider;
8.3.3 services, facilities and/or arrangements provided by Frontier in connection with
the transfer of 9-1-1/E9-1-1 Calls between PSAPs;
8.3.4 ALI Database related activities (including, but not limited to, Frontier's access
to, use of, or inclusion or storage of Frontier End User data in, an ALI
Database);
8.3.5 MSAG related activities (including, but not limited to, Frontier's obtaining or
using an MSAG, MSAG updates, changes or revisions, or MSAG information);
or
8.3.6 Frontier to recover any costs incurred by it in connection with 9-1-1/E9-1-1
Calls or providing 9-1-1/E9-1-1 services to any person.
Nothing in this Agreement shall be deemed to prevent Carrier from billing to a Controlling
9-1-1 Authority or PSAP rates or charges for:
8.4.1 services, facilities and/or arrangements provided by Carrier in connection with
9-1-1/E9-1-1 Calls from Carrier to a PSAP for which Frontier is the
9-1-1/E9-1-1 Service Provider;
8.4.2 services, facilities and/or arrangements provided by Carrier in connection with
9-1-1/E9-1-1 Calls from a Frontier End User or a Telecommunications Carrier
interconnected with Frontier to a PSAP for which Carrier is the 9-'l-1/E9-1-1
Service Provider (including, but not limited to, charges for the transmission and
routing of 9-1-1/E9-1-1 Calls from Frontier End Users or Telecommunications
Carriers interconnected with Frontier from the technically feasible Point(s) of
lnterconnection on Frontier's network to a PSAP for which Carrier is the 9-1-
1 lE9-1 -1 Service Provider);
8.4.3 services, facilities and/or arrangements provided by Carrier in connection with
the transfer of 9-1-1/E9-1-1 Calls between PSAPS;
8.4.4
8.4.5
ALI Database related activities;
MSAG related activities (including, but not limited to, Carrier's obtaining or
using an MSAG, MSAG updates, changes or revisions, or MSAG information);
or
8.4.6 Carrier to recover any costs incurred by it in connection with 9-1-1/E9-1-1 Calls
or providing 9-1-1/E9-1-1 services to any person.
9. Good Faith Performance
lf and, to the extent that, Frontier, prior to the Effective Date, has not provided in the state of Idaho a
Service offered under this Aftachment, Frontier reserves the right to negotiate in good faith with Carrier
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.
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1
PRICING ATTACHMENT
General
1.1 As used in this Attachment, the term "Charges" means the rates, fees, charges and
prices for a Service.
1.2 Except as stated in Section 2 or Section 3 of this Attachment, Charges for Services shall
be as stated in this Section 1.
1.3 The Charges for a Service shall be the Charges for the Service stated in the Providing
Party's applicable Tariff.
1.4 ln the absence of Charges for a Service established pursuant to Section '1.3 of this
Attachment, the Charges shall be as stated in Appendix A of this Pricing Attachment. For
rate elements provided in Appendix A of this Pricing Attachment that do not include a
Charge, either marked as "TBD" or otherwise, Frontier is developing such Charges and
has not finished developing such Charges as of the Effective Date of this Agreement
("Effective Date"). When Frontier finishes developing such a Charge, Frontier shall notify
Carrier in writing of such Charge in accordance with, and subject to, the notices
provisions of this Agreement and thereafter shall bill Carrier, and Carrier 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 Carrier 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 Carrier 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 Carrier 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 Carrier
for resale for which Frontier is required to provide a wholesale discount
pursuant to Section 251(c)(4) of the Act shall be the Retail Price for such
Service set forth in Frontier's applicable Tariffs (or, if there is no Tariff Retail
2.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 170
2.1.2
2.1.3
2.1.4
2.1.5
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)(a) 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)@\ of the Act.
The Charges for a Frontier Telecommunications Service Customer Specific
Arrangement CCSA') purchased by Carrier 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)(a) of the Act; or (b)
in the absence of an applicable Frontier Tariff wholesale discount for Frontier
Telecommunications Services purchased for resale pursuant to Section
251(c)(a) of the Act, the applicable discount stated in Appendix A for Frontier
Telecommunications Services purchased for resale pursuant to Section
251(c)(4) of the Act. Notwithstanding the foregoing, in accordance with, and to
the extent permifted 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 Carrier 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 Carrier 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 Sections2.l.l through 2.1.3 of 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
Pafty 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-0826'19 '171
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)(a) of
the Act shall be the Charges stated in Frontier's Tariffs for such Frontier
Telecommunications Service (or, if there are no Frontier Tariff Charges for
such Service, Frontier's Charges for the Service that are generally offered by
Frontier).
2.2.2 The Charges for a Frontier Telecommunications Service customer specific
contract service arrangement ('CSA') purchased by Carrier pursuant to
Section 3.3 of the Resale Attachment for which Frontier is not required to
provide a wholesale discount pursuant to Section 251(cXa) 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 Carrier 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 Carrier.
3. Carrier Prices
Notwithstanding any other provision of this Agreement, the Charges that Carrier bills Frontier for
Carrier's Services shall not exceed the Charges for Frontier's comparable Services, except to the
extent that Carrier's cost to provide such Carrier's Services to Frontier exceeds the Charges for
Frontier's comparable Services and Carrier has demonstrated such cost to Frontier, or, at
Frontier's request, to the Commission or the FCC.
4. 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).
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 't72
APPENDIX A TO THE PRICING ATTACHMENTI
(TDAHO)
v2.1
Rates and Charges for Transport and Termination of Traffic2
A. Reciprocal Compensation Traffic Termination
ReciprocalCompensation Traffic End Office Rate: Bil! and Keep
Reciprocal Compensation Traffic Tandem Rate: Billand 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 lnterstate and/or Frontier lntrastate Access
Tariff
I This Appendix may contain rates for (and/or reference) services, facilities, arrangements and the like that Frontier does not have
an obligation to provide under the Agreement (e.9., services, facilities, arrangements and the like that Frontier is not required to
provide under Section 251 of the Act). Notwithstanding any such rates (and/or references) and, for the avoidance of any doubt,
nothing in this 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 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 FCC's Order on
Remand, Unbundled Access to Network 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 without limitation of other
rates and charges that may apply under subsequent FCC orders or otheMise. ln addition, as set fo(h in lndustry Notices, access
tariff rates and/or other applicable non-UNE rates may apply for certain facilities and anangements thal are no longer available as
unbundled network elements or combinations thereof.
2 All rates and charges specified herein are pertaining to the lnterconnection Attachment.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 173
ll. Services Available for Resale
The avoided cost discount for all Resale services is 13.5%.
Non-Recurring Charges (NRCs) for Resale Services
Pre-ordering
CLEC Account Establishment Per CLEC
Customer Record Search Per Account
Ordering and Provisioning
Engineered lnitial Service Order (lSO) - New Service
Engineered lnitial Service Order - As Specified
Engineered Subsequent Service Order
Non-Engineered lnitial Service Order - New Service
Non-Engineered lnitial Service Order - Changeover
Non-Engineered lnitial Service Order - As Specified
Non-Engineered Subsequent Service Order
CentralOffice Connect
Outside Facility Connect
ManualOrdering Charge
Service Order Expedite:
Engineered
Non-Engineered
Coordinated Conversions:
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour:
tso
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion per Additional Quafter Hour:
tso
Central Office Con nection
Outside Facility Con nection
$ 273.09$ 11.69
$ 311.98
$ 123.84
$ s9.61$ 42.50$ 21.62$ 82.13$ 19.ss
$ 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
$
$
35.48
12.59
$ 17.76$ 10.71
$ 9.59
$ 30.55$ 42.83$ 38.34
$ 6.40$ 10.71$ 9.59
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 174
Application of NRCs
Pre-ordering
CLEC Account Establishment is a one-time charge applied the first time that Carrier orders any
service from this Agreement.
Customer Record Search applies when Carrier 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 Carrier. 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 Carrier. 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 incrementalfieldwork is required.
Manual Ordering Charge applies to orders that require Frontier to manually enter Carrier'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 Carrier requests service prior
to the standard due date intervals.
Coordinated Conversion applies if Carrier requests notification and coordination of service cut
over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Carrier requests realtime coordination of a
service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 1S-minute segment of real-time coordination of a
service cut-over that takes more than one hour.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 175
ll!. 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
DS1 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 Dedicated Transport:
IDT DSO Transport Facility per ALM
IDT DSO Transport Termination
IDT DSI Transport Facility per ALM
IDT DSI Transport Termination
IDT DS3 Transport Facility per ALM
IDT DS3 Transport Termination
Multiplexing (Dedicated Transport)
DS1 to Voice Multiplexing
DS3 to DSI Multiplexing
DS1 Clear Channel Capability
$ 45.00$ 67.00
$ 45.00
$ 67.00$ 160.31$ 320.38
$
$
$
$
5.06
26.00
$ 26.04
$ 45.64$ 5.57$ 5.91
BFR
1.80
1.90
$ 0.13$ 12.90$ 1.91$ 45.00$ 25.15$ 234.14
$ 194.78$ 550.00
$ 26.00
3 For the avoidance of any doubt, in addition to any rates and charges set forth herein, effective as of March 1 1, 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 othenarise; 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 176
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).
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 177
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-Wre 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 178
NON-RECURR!NG 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
lso
Central Office Connection
Outside Facility Connection
Hot Coordinated Conversion First Hour
tso
Central Office Connection
Outside Facility Con nection
Hot Coordinated Conversion per Additional Quarter Hour
tso
Central Office Con nection
Outside Facility Connection
$
$
66.321
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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 179
LOCAL WHOLESALE SERVICES
Ordering Provisioning
lOOo/o
Manual
Semi-
Mech.
lnitial
Unit
Addt'!
Unit
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
$ 11.83
$ 26.88
$ 11.83
$ 61.90
$ 16.99
$ 28.99
$ 13.23
N/A
$ 267.28
$ 261.86
$ 30.36
$ 7.22
$ 15.51
$ 6.41
N/A
$224.68
$ 220.43
ENHANCED EXTENDED LOOPS (EELs) (WTH MANUAL AND SEMI MECHANIZED OPTIONS) Loop portion
(ln addition, IDT charges apply if applicable to the EEL arrangement)
$ 405.87
$ 64.80
$ 64.80
TBD
TBD
TBD
N/A
N/A
$ 405.65
$ 64.57
$ 64.s7
$ 56.13$ 21.89
$ 65.68
$ 21.89
N/A
N/A
$ 12.21$ 12.21
$ 12.21
$ 12.21
$ 450.00
$ 800.00
N/A
N/A
N/A
N/A
N/A
N/A
$ 88.39$ 38.02
$ 97.94
$ 38.02
$ 161.87
$ 7.52
$ 179.37
$ 7.52
$ 99.77
$ 4.56
$ 117.27$ 4.s6
$ 41.64
$ 41.64
$ 41.64
$ 41.64
N/A
N/A
N/A
N/A
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 180
LOCAL WHOLESALE SERVICES
Ordering Provisioning
100o/o
Manual
Semi-
Mech.
lnitial
Unit
Addt'l
Unit
Loop Conditioning - Bridged Tap
Loop Conditioning - Load Coils
Loop Conditioning - Load Coils / Bridged Tap
LINE AND STATION TRANSFERO
!NTEROFFTCE DEDTCATED TRANSPORT (lDT)
(Also applies to IDT portion of an EEL arrangement)
Advanced - Basic (2-wire and 4-wire)- lnitial
Advanced - Basic (2-wire and 4-wire) - Subsequent
Advanced - Complex (DS1 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
N/A
N/A
N/A
$ 0.00 $
$ 318.71 $
$ 249.91 $
$ 568.62 $
N/A
N/A
N/A
34.88
0.00
34.88
0.00 $ 147.75 N/A
$ 9s.49 $$ 45.12 $
$ 105.04 $$ 45.12 $
$ 428.58
$ 58.20
$ 584.49$ 86.80
63.01
28.77
72.56
28.77
N/A
N/A
N/A
N/A
$ 3.36 $$ 2s.80 $
$ 4.21
$ 166.32
$ 40.96
3.36
25.80
$ 0.00
$ 166.32$ 40.96
N/A
N/A
N/A
N/A
N/A N/A
N/A
N/AN/A
N/A
6 A Line and Station Transfer (LST) Charge applies wtren 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 181
LOCAL WHOLESALE SERVICES
Ordering Provisioning
100o/o
Manual I
Semi-
Mech.
lnitial
Unit
Addt'l
Unit
ROUTINE NETWORK MODIFICATIONST
Engineering Query8
Engineering Work Ordere
Expedite Engineering Query8 1o
Expedite Engineering Work Order 9 10
Clear Defective Pair
Reassignment of Non-Working Cable Pair
Binder Group Rearrangement
Repeater - I nstallation
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 -1l0 - lnstallation
Multiplexer - 1 10 - Reconfiguration
Multiplexer -311 - lnstallation
Multiplexer - 3/1 - 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
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
$ 272.3s
$ 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 vvhich 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, 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, anangement
or the like upon rates, terms or conditions other than those that may be required by the Agreement.
I Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work Order charges
where 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 182
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
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-0826'19 183
LOCAL 100%
Manual
Semi-
Mech.
lnitial
Unit
Addt'l
Unit
Application of NRCs
Preordering
CLEC Account Establishment is a one-time charge applied the first time that Carrier orders any
service from this Agreement.
Customer Record Search applies when Carrier requests a summary of the services currently
subscribed to by the end-user.
Ordering and Provisioning:
lnitial Service Order (lSO)applies to each Local Service Request (LSR) and Access Service
Request (ASR) for new service. Charge is Manual (e.9. for a faxed order) or Semi-Mechanized
(e.9. for an electronically transmitted order) based upon the method of submission used by
Carrier.
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 Carrier
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.
DS1 Clear Channel Capability applies in addition to the lSO, per DS1 for the installation and
grooming of DS1 Clear Channel Capability requests.
Changeover Charge applies to EEL orders when an existing retail, resale, or special access
service is already in place.
Service lnquiry - Dark Fiber applies per service inquiry when Carrier requests Frontier to
determine the availability of dark fiber on a specific route.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 184
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 Carrier requests service prior to the standard due date intervals
and the expedite request can be met by Frontier.
Coordinated Conversion applies if Carrier requests notification and coordination of service cut-
over prior to the service becoming effective.
Hot Coordinated Conversion First Hour applies if Carrier requests real-time coordination of a
service cut-over that takes one hour or less.
Hot Coordinated Conversion Per Additional Quarter Hour applies, in addition to the Hot
Coordinated Conversion First Hour, for every 1S-minute segment of real-time coordination of a
service cut-over that takes more than one hour.
Design Change Charge applies to EELs & Transport orders for design changes requested by
Carrier.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 185
IV Rates and Charges for 911
See State Access Tariff.
V. Collocation
A. PhysicalCollocation
10. Caged Floor Space including Shared Access Area,
per sq ft
11. DC Power, per load amp
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 Pullffermination, per cable
Ground Wire, per wire
5. Overhead Superstructure, per project
6. Facility Cable or Fiber Optic Patchcord Pull/Termination
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 $ 11.00
12. Building Modification, per request
$ 5.00
$ 14.79
$ 201.00
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$ t.oo$ 42.00
$
$
31.00
70.00
$ 307.00
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 186
13. Environmental Conditioning, per load amp
1 4. Facility Termination
DSO, 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
$ 2.28
4.00
16.00
11.00
1.01
2.00
0.02
0.56
6.00
0.04
Nonrecurrino
$ 1,129.00$ 200.00
$ 22.00
$ 1,437.55
$ 76.00
$ 1,341.62$ 18.12
$ 2,440.00
$
$
$
$
$
$
$
10.00
27.00
B. CagelessCollocation
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 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 (Pre-connectorized), per term
DS3 Coaxial Cable Termination (Unconnectorized), per term
Fiber Optic Patchcord Termination, per term
$ 76.00$ 211.00$ 207.20$ 5.00$ 2.00$ 2.00$ 11.00$ 1.12
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-0826'19 187
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. Relay Rack Floor Space, per lin ft
11. DC Power, per load amp
12. Building Modification, per request
13. 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
$ 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
$
$
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 188
C. AdjacentGollocation
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 DS0, 1 lin ft
Metallic DS1, 1 lin ft
Fiber, per innerduct ft
Coaxial, 1 lin ft
Monthlv Nonrecurring
$ 958.00
$ 2.00
$ 4.00
$
$
$
$
$
$
$
5.00
42.00$ 16.00
$ 11.00
2.00
32.00
2.00
11.00
70.00
00
00
$
$
$
$
$
$
0.01
0.01
0.02
0.01
D. VirtualCollocation
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 Pullffermination, 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
DS1 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
$ 3,474.25
$ 96.08
$ 222.s2
$ 7s.43
$ 1,341.62$ 18.12
$ 76.00$ 211.00$ 207.20$ 5.00$ 2.00$ 2.00$ 11.00$ 1.12
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-0826'19 189
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
1 4. Facility Termination
DSO, per 100 pr
DS1, 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
1 1.00
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
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 190
E. MicrowaveCollocation
1. Augment Fee, per occurrence
2. Facility Pull
Engineering, per project
Labor, per lin ft
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
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
3. Lit Fiber
Monthlv Nonrecurrinq
$ 998.92
$ 76.00$ 1.12
ICB
ICB
$ 21.89$ 38.02$ 7.02$ 64.95
$ 21.89$ 38.02$ 7.02$ 64.95
ICB
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 191
G. Miscellaneous Collocation Services
Labor
Overtime lnstallation Labor
Oveftime Repair Labor
Additional lnstallation Testing Labor
Standby Labor
Testing & Maintenance with Other Telcos, Labor
Other Labor
2. Labor Rates
Basic Time, Business Day, per technician
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Overtime, Outside the Business Day
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
Prem, Time, Outside Business Day, per technician
First Half Hour or Fraction Thereof
Each Additional Half Hour or Fraction Thereof
3. Cable Material
Facility Cable - DSO Cable (Connectorized),
100 pr, per cable run
Facility Cable - DS1 Cable (Connectorized),
per cable run
Facility Cable - DS3 Coaxial Cable, per cable run
Fiber Optic Patchcord -24 Fiber (Connectorized),
per cable run
Power Cable-Wire Power 1/0, per cable run
Power Cable-Wire Power 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)
4. Collocation Space Report, per premise
Monthlv Nonrecurrinq
Per rates below
Per rates below
Per rates below
Per rates below
Per rates below
Per rates below
42.83
21.41
$ 100.00$ 75.00
$
$
$ 150.00$ 125.00
$ 324.00
$ 301.00$ 82.00
$ 810.30$ 91.00$ 132.00$ 146.00$ 180.00$ 307.00$ 428.00$ 658.00$ 1.07
$ 1,218.00
192Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-0826'19
DESCRIPTION AND APPLICATION OF RATE ELEMENTS
Non-Recurring Charges
The following are non-recurring charges (one-time charges) that apply for specific work activity:
Enqineerinq/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 Virtual collocation arrangements. This charge recovers the costs of the initial walkthrough
to determine if there is sufficient collocation space, the best location for the collocation area, what building
modifications are necessary to provide collocation, and if sufficient DC power facilities exist in the
premises to accommodate collocation. This fee also includes the total time for the Building Services
Engineer and the time for the Outside Plant and Central Office Engineers to attend status meetings.
Enoineerinq/Maior Auqment Fee (Microwave Onlv). The Engineering/Major Augment Fee for Microwave
Collocation applies when an existing Caged and Cageless collocation arrangement is augmented with
newly installed microwave antennae and other exterior facilities. This charge recovers the costs of the
initial walkthrough to determine if there is sufficient space, the best location for the microwave antennae
and other exterior facilities, what building modifications are necessary, if any, and if 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.
Caqe Groundinq Bar. The Cage Grounding Bar rate recovers the material and labor costs to provision a
ground bar, including necessary ground wire, in the collocator's cage.
BITS Timino. The non-recurring charge for BITS Timing includes engineering, materials, and labor costs
to wire a BITS port to the CLEC's equipment. lf requested, it is applied on a per project basis.
Overhead Suoerstructure. The Overhead Superstructure charge is applied for each initial caged and
cageless collocation application. The Overhead Superstructure charge is designed to recover Frontier's
engineering, material, and installation costs for extending dedicated overhead superstructure.
Facilitv Cable or Fiber Ootic Patchcord Pull/Termination-Enqineerino. The Facility Cable or Fiber Optic
Patchcord Pull/Termination-Engineering charge is applied per project to recover the engineering costs of
pulling and terminating the interconnection wire (cable or fiber patchcord) from the collocation cage or
relay rack to the Main Distribution Frame block, DSX panel, or fiber distribution panel. The charge would
also apply per project to recover the engineering costs of pulling transmission cable from microwave
antennae facilities on the rooftop to the collocation cage or relay rack.
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
Peerless FCNW FINAL Peerless FrontierNo(hwest ldaho ICA Comprehensive Agreement -v3-082619 193
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-Enqineerinq. The Fiber Cable Pull-Engineering charge is applied per project to cover the
engineering costs for pulling the CLEC's fiber cable, when necessary, into Frontier's central office.
Fiber Cable Pull-Place lnnerduct The Fiber Cable Pull-Place lnnerduct charge is applied per linear foot to
cover the cost of placing innerduct. lnnerduct is the split plastic duct placed from the cable vault to the
CLEC's equipment area through which the CLEC's fiber cable is pulled.
Fiber Cable Pull-Labor. This charge is applied per linear foot and covers the labor costs of pulling the
CLEC's fiber cable into Frontier's central office.
Fiber Cable Pull-Fire Retardant. This charge is associated with the filling of space around cables
extending through walls and between floors with a non-flammable material to prevent fire from spreading
from one room or floor to another.
Fiber 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.
Adjacent Enqineerino Fee. The Adjacent Engineering Fee provides for the initial activities of the Central
Office Equipment Engineer, Land & Building Engineer and the Outside Plant Engineer associated with
determining the capabilities of providing Adjacent On-Site collocation. The labor charges are for an on-
site visit, preliminary investigation of the manhole/conduit systems, wire center and property, and
contacting other agencies that could impact the provisioning of adjacent collocation.
Adiacent Facilitv Pull-Labor. This charge covers the labor of running the interconnection wire (cable) from
the main distribution frame connector to a termination block or DSX panel.
Adiacent Fiber Cable Termination. This charge covers the labor of terminating fiber cable for adjacent
collocation to the main distribution frame block or DSX panel.
Collocation Space 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 194
Miscellaneous Services Labor. Additional labor, if required, by Frontier to complete a collocation request,
disconnect collocation power cables, remove collocation equipments, or perform inventory services for
CLECS.
Facilitv Pull (Microwave Onlv). The Facility Pull charge is applied per linear foot and recovers the labor
cost of pulling transmission cable from the microwave antennae and other exterior facilities on the rooftop
to the transmission equipment in the collocation cage or relay rack.
Buildinq Penetration for Microwave Cable. The reasonable costs to penetrate buildings for microwave
cable to connect microwave antennae facilities and other exterior facilities to the transmission equipment
in the collocation cage or relay rack will be determined and applied on an individual case basis, where
technically feasible, as determined by the initial and subsequent Engineering surveys.
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 individualcase basis.
Virtual Equipment lnstallation. The Virtual Equipment lnstallation charge is applied on a per quarter rack (or
quarter bay) basis and recovers the costs incurred by Frontier for engineering and installation of the virtual
collocation equipment. This charge would apply to the installation of powered equipment including, but not
limited to, ATM, 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 softl/are to upgrade equipment for an existing Virtual Collocation anangement.
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 anangement.
Dedicated Transit Service (DTS) Service Order Charge. Applied per DTS order to the requesting CLEC for
recovery of DTS order placement and issuance costs. The manual charge applies when the semi-
mechanized ordering interface is not used.
Dedicated Transit Service (DTS) - Service Connection CO Wiring. Applied per DTS circuit to the requesting
CLEC for recovery of DTS jumper material, wiring, service turn-up for DSO, DS1, DS3, and dark fiber circuits.
Dedicated Transit Service (DTS) - Service Connection Provisioning. Applied per DTS order to the request
CLEC for recovery of circuit design and labor costs associated with the provisioning of DS0, DSl, DS3, and
dark fiber circuits for DTS.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 't 95
Monthly Recurring Charges
The following are monthly charges. Monthly charges apply each month or fraction thereof that
Collocation Service is provided.
Caqed Floor Space. Caged Floor Space is the cost per square foot to provide environmentally
conditioned caged floor space to the CLEC. Environmentally conditioned space is that which has proper
humidification and temperature controls to house telecommunications equipment. The cost includes only
that which relates directly to the land and building space itself.
Relav Rack Floor Soace. The Relay Rack Floor Space charge provides for the environmentally
conditioned floor space that a relay rack occupies based on linear feet. The standardized relay rack floor
space depth is based on half the aisle area in front and back of the rack, and the depth of the equipment
that will be placed within the rack.
Cable Subduct Space-Manhole. This charge applies per project per month and covers the cost of the
space that the outside plant fiber occupies within the manhole.
Cable Subduct Space. The Subduct Space charge covers the cost of the subduct space that the outside
plant fiber occupies and applies on a per linear foot basis.
Fiber Cable Vault Splice. The Fiber Cable Vault Splice charge applies per splice and covers the space
and material cost associated with the CLEC's fiber cable splice within Frontier's cable vault.
Cable Rack Space-Metallic. The Cable Space-Metallic charge is applied for each DSO, DS1 and DS3
cable run. The charge is designed to recover the space utilization cost that the CLEC's metallic and
coaxial cable occupies within Frontier.
Cable Rack Space-Fiber. The Cable Rack Space-Fiber charge recovers the space utilization cost that
the CLEC's fiber cable occupies within Frontier's cable rack system.
Fiber 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.
Environmental Conditioninq. The EnvironmentalConditioning charge is applied to each caged, cageless,
and virtual arrangement on a per load amp increment (10 amp minimum) based on the 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.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 196
Adiacent Cable Vault Space. The Adjacent Cable Vault Space charge covers the cost of the space the
CLEC's cable occupies within the cable vault. The charge is based on the diameter of the cable or
subduct.
Adiacent Cable Rack Space. This charge covers the space utilization cost that the CLEC's fiber, metallic
or coaxial cable occupies within the cable rack system. The charge is based on the linear feet occupied.
Microwave Rooftoo Soace. Microwave Rooftop Space is the cost per square foot to provide rooftop space
to the CLEC for microwave antennae and other exterior facilities. The cost includes only that which
relates directly to the land and building space itself.
Virtual Eouipment Maintenance. The Virtual Equipment Maintenance charge is applied on a per quarter rack
(or quarter bay) basis and recovers the costs 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 splitters.
Peerless FCNW FINAL Peerless FrontierNorthwest ldaho ICA Comprehensive Agreement -v3-082619 197
EXHIBIT A TO SECTION 3.1 (FIBER MEET ARRANGEMENT) OF THE TNTERCONNECTTON
ATTACHMENT
Technical Specifications and Requirements
for
Peerless Network of ldaho, LLC - Frontier Communications Northwest lnc. and Frontier
Communications of the Garolinas, LLG
Fiber Meet Arrangement No. [FM #l
The following technical specifications and requirements will apply to Peerless Network of ldaho LLC -
Frontier North lnc. and Frontier Communications Northwest lnc Fiber Meet Arrangement [FM #] ("FM No.
IFM #1"):
FM No. [FM #] 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 Carrier's [Carrier
Name of Tandem/End Officel in A diagram of FM No. [FM #] is included as Exhibit A-1.
2. Fiber Meet Points ("FMPs").
2.1 FM No. [FM #] will be conflgured as shown on Exhibit A-1. FM No. [FM #] 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, STATE] and terminate t 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 panel within
Frontier's FNID will serve as FMP No. 1. Frontier will provide a fiber stub at the fiber
patch panel in Frontier's FNID for Carrier to connect t I strands of its fiber cablet I connectors. Frontier's FNID will be locked, but Frontier and Carrier will have 24
hour access to their respective side of the fiber patch panel located in Frontier's FNID.
2.3 Carrier will provision a FNID at [POLE XX, STREET YY, TO\AN ZZ, STATE] and
terminate t I strands of its fiber optic cable in the FNID. The FNID provisioned by
Carrier will be a [MANUFACTURER, MODEL]. Carrier will bear the cost of installing and
maintaining its FNID. The fiber patch panelwithin Carrie/s FNID will serve as FMP No.
2. Carrier will provide a fiber stub at the fiber patch panel in Carrier's FNID for Frontier to
connect t I strands of its fiber cable. Carrier's FNID will be locked, but Carrier and
Frontier will have 24 hour access to their respective side of the fiber patch panel located
in Carrier's FNID.
3.Transmission Characteristics.
3.1 FM No. [FM #]will be built as a ring configuration.
3.2 The transmission interface for FM No. [FM #] 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).
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The optical transmitters and receivers shall provide adequate power for the end-to-end
length of the fiber cable to be traversed.
The optical transmission rate will be Unidirectional OC-[OC Transmission Rate]
3.6 The path switch protection shall be set as Non-Revertive
3.7 Frontier and Carrier shall provide Primary Reference Source traceable timing.
4. Add Droo Multiplexer.
4.1 Frontier will, at its own cost, obtain and install (at its own premise) its own Add Drop
Multiplexer. Frontier will use a [MANUFACTURER, MODEL] Add Drop Multiplexer with
firmware release of [x.x] at the network level. Before making any upgrade or change to
the firmware of its Add Drop Multiplexer, Frontier must provide Carrier with fourteen (14)
days advance written notice that describes the upgrade or change to its firmware and
states the date on which such firmware will be activated in Frontier's Add Drop
Multiplexer.
4.2 Carrier will, at its own cost, obtain and install (at its own premise) its own Add Drop
Multiplexer. Carrier 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, Carrier 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 Carrier's Add Drop
Multiplexer.
4.4 The Data Communication Channel shall be disabled between the Frontier and Carrier
Add Drop Multiplexers of FM No. [FM #].
5.Testinq.
5.1 Prior to turn-up of FM No. IFM #], Frontier and Carrier will mutually develop and
implement testing procedures for FM No. [FM #]
6. Connectinq Facilitv Assiqnment ("CFA") and Slot Assiqnment Allocation ("SAA").
6.1 For one-way and two-way trunk arrangements, the SAA information will be turned over to
Carrier as a final step of turn up of the FM No. [FM #].
o.z For one-way trunk arrangements, Frontier will control the CFA for the subtending facilities
and trunks connected to Frontier's slots and Carrier will control the CFA for the
subtending facilities and trunks connected to Carrier's slots. Carrier will place facility
orders against the first half of lhe fully configured slots (for example, slots 1-6 of a fully
configured OC12) and Frontier will place orders against the second half of the slots (for
example, slots 7-12). lf either Party needs the other Party's additional slot capacity to
place orders, this will be negotiated and assigned on a case-by-case basis. For SAA,
Frontier and Carrier shalljointly designate the slot assignments for Frontier's Add Drop
Multiplexers and Carrier's Add Drop Multiplexer in FM No. [FM #].
3.4
3.5
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4.3 Carrier 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. [FM #], the
firmware will be removed from the Add Drop Multiplexer and will revert to the previous
version of firmware.
6.3 For two-way trunk arrangements, Carrier shall control the CFA for the subtending
facilities and trunks connected to FM No. [FM #]. Carrier shall place facility and trunk
orders against the total available SAA capacity of FM No. [FM #].
7. lnventorv, Provisioninq and Maintenance. Surveillance, and Restoration.
7.1 Frontier and Carrier will inventory FM No. [FM #] in their operational support systems
before the order flow begins.
7.2 Frontier and Carrier will notify each other's respective Maintenance Control Office of all
troubleshooting and scheduled maintenance activity to be performed on FM No. [FM #]
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.
t.5 Frontier will be responsible for the provisioning and maintenance of the FM No. [FM #]
transport facilities on Frontier's side of the FMPs, as well as delivering its applicable
traffic to the FMPs. Carrier will be responsible for the provisioning and maintenance of
the FM No. [FM #] transport facilities on the Carrier'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. [FM #].
7.4 Frontier and Carrier will provide alarm surveillance for their respective FM No. [FM #]
transport facilities. Frontier and Carrier 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. IFM #1.
8.1 Except as otherwise provided in this Section 8, allexpenses and costs associated with
the construction, operation, use and maintenance of FM No. [FM #] on each Party's
respective side of the FMPs will be borne by such Party.
8.2 lf either Party terminates the construction of the FM No. [FM #] before it is used to
exchange traffic, the Party terminating the construction of FM No. [FM #] will compensate
the other Party for that Party's reasonable actual incurred construction and/or
implementation expenses.
8.3 lf either Party proposes to move or change FM No. [FM #] as set forth in this document,
at any time before or after it is used to exchange traffic, the Party requesting the move or
change will compensate the other Party for that Party's reasonable actual incurred
construction and/or implementation expenses. Augments, moves and changes to FM
No. [FM #] as set forth in this document must be mutually agreed upon by the Parties in
writing.
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By:
Peerless Network of ldaho, LLC Frontier Communications Northwest !nc.
Date:
TO BE EXECUTED AT A LATER DATE
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Exhibit A-1
Peerless Network of ldaho, LLC - Frontier Communications Northwest lnc
Fiber Meet Arrangement No. [FM #l
City, State
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