20191015Application.pdf

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October 10,2019
Via Overnight Delivery
Ms. Diane Hanian, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Case No.: Utr:g- r - t4-dA
Application for Approval of Interconnection Agreement
Dear Ms. Hanian:
Enclosed for filing is an Application for Approval of Interconnection Agreement along
with an original and two (2) copies of the Type2 Wireless Interconnection Agreement between
Qwest Corporation dba CenturyLink QC and CSC Wireless, LLC dba Altice Mobile for the State
of Idaho. Centurylink respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact Maura Reynolds, Regulatory Paralegal, at [phone] should you
have any questions regarding this submission. Thank you for your assistance in this matter.
Sincerely,
J
Legal Assistant
Enclosure(s)cc: Service List
1600 7th Avenue, Room 1506
Seattle, washington 98191
206-733-5236
Re
[e-mail]
Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washington 98191
Telephone: [phone]
I-isa. anderl@centurylink. com
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APPI-ICATION I.oR APPROVAL oF INTERCONNECTION ACREEMENT - I
CSC WIne IESS, LLC DBA ALTICE MoBIt,E
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.:
ApplrclrroN FoR AppRovu or
IxrnRcoNNECTroN AcnBrunNr
Qwest Corporation dba Centurylink QC ("Centurylink") hereby files this Application
lor Approval of the Type2 Wireless Interconnection Agreement Between Qwest Corporation dba
Centurylink QC and CSC Wireless, LLC dba Altice Mobile for the State of Idaho
("Agreement"). The Agreement with CSC Wireless, LLC dba Altice Mobile ("Altice Mobile")
is subrnitted herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reaclred through voluntary negotiations only if the Commission finds that: the agreement (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink
1600 7th Ave., Suite 1506
Seattle, Washington 98191
Telephone: [phone]
Centurylink respectfully submits that this Agreement provides no basis for either of
these findings, and, therefore requests that the Commission approve this Agreement
expeditiously. This Agreement is consistent with the public interest as identified in the pro-
competitive policies of the State of ldaho, the Comrnission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Agreement will enable
Altice Mobile to interconnect with Centurylink facilities and to provide customers with
increased choices among local telecommunications services.
CenturyLink further requests that the Commission approve this Agreement without a
hearing. Because this Agreement was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 1Oth day of October ,2019.
CENTURYLINK
'Lisa A. Anderl
Attorney for Centurylink
N PPLICn TIoN ron AppRovRL oF INTERCONNECTION AcRgrupur - 2
CSC WIRELESS, LLC DBn ALTICE MoBILE
CenturyLink
1600 7m Ave., Suite 1506
Seattle, Washington 98191
Telephone: [phone] l7 I
CERTIFICATE OF SERVICE
I hereby certify that on this lOth day of October, 2Ol9,I served or caused to be served the
loregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
upon all parties of record in this matter as follows:
Diane Hanian, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idalro 83720-0074
Di [e-mail]. gov
Hand Delivery
U. S. MailXX Overnight Delivery
Facsimile
Email
Dennis Moffit, VP Legal
CSC Wireless, LLC dba Altice Mobile
5830 Granite Parkway, Bld 5, Ste. 600
Plano, Texas 75024
Dennis.moffi t@alti ceusa. com
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
Jeffrey Harnack, Director Telecom & Internet
CSC Wireless, LLC dba Altice Mobile
3l I North NW Loop 323
Tyler, Texas 75702
Je ffrey. h ar nack@alticeu s a. c om
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
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APPI,ICATIoN FoR APPRoVAL oF INTERCONNECTION ACREEMENT _ 3
CSC WInEIESS, LLC osR ALTICE MOBILE
CenturyLink
1600 7'h Ave., Suite 1506
Seattle, Washington 98191
Telephone: [phone]
Type 2 Wireless lnterconnection Agreement
Between
Qwest Gorporation dba Centurylink QC
And
CSC Wireless, LLC dba Altice Mobile
For the State of Idaho
Agreement Number
cDS-I91002-0001
5/14l19/swd-np/CSC Wireless, LLC dba Altice Mobile/lD/CDS-1 91002-0001
fype 2 Wireless lnterconnection Agreement -Negotiated 5-14-19
Table Of Contents
SECTION
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SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SEGTION
SECTION
SECT!ON
SECTION
SECTION
SECTION
1.0 . GENERAL TERMS 1
2
4
5
2.0 . INTERPRETATION AND CONSTRUCTION
3.0 - wsP INFORMATION..........
4.0. DEFINITIONS
5.0 . TERMS AND CONDITIONS 17
35
54
55
56
59
61
62
79
80
81
82
83
85
86
87
6.0 . INTERCONNECTION
7.0 . COLLOCATION
8.0 - lntentionally Left Blank
9.0 - ANCILLARY SERVICES
1O.O . NETWORK SECURITY
11.0 - lntentionally Left Blank......
12.0 - ACCESS TO OPERATTONAL SUPPORT SYSTEMS (OSS)
13.0 - ACCESS TO TELEPHONE NUMBERS
14.0 . LOCAL DIALING PARITY
15.0 - lntentionally Left Blank......
16.0 - INTENTIONALLY LEFT BLANK
17.0 - AUDIT PROCESS
1 8.0 . CONSTRUCTION CHARGES
19.0 . NETWORK STANDARDS
2O.O . SIGNATURE PAGE
EXHIBIT A - Rates
EXHIBIT B - Service Performance
EXHIBIT C - lntentionally Left Blank
EXHIBIT D - lntentionally Left Blank
EXHIBIT E - lntentionally Left Blank
EXHIBIT F - lntentionally Left Blank
EXHIBIT G - Intentionally Left Blank
EXHIBIT H - lntentionally Left Blank
EXHIBIT l- lntentionally Left Blank
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fype 2 Wireless lnterconnection Agreement -Negotiated 5-14-19
Section 1
General Terms
SECTION 1.0. GENERAL TERMS
1.1 This Agreement for Type 2, two-way Wireless lnterconnection is between CSC Wireless,
LLC dba Altice Mobile, ("WSP"), a Delaware corporation and Qwest Corporation dba
CenturyLink QC ("CenturyLink"), a Colorado corporation, pursuant to Section 252 of the
Telecommunications Act of 1996, for purposes of fulfilling CenturyLink's obligations under
Sections 222, 251(a), (b), and (c), 252, 271, and other relevant provisions of the Act and the
rules and regulations promulgated thereunder. WSP is licensed by the Federal
Communications Commission ("FCC") as a Commercial Mobile Radio Service ('CMRS")
Provider. Services provided by CenturyLink to WSP under this Agreement are provided
pursuant to WSP's role as a CMRS provider of two-way traffic.
1.2 This lnterconnection Agreement sets forth the terms, conditions and pricing under which
CenturyLink will provide to any requesting WSP network lnterconnection and Ancillary services
within the geographical areas in which both CenturyLink is providing local Exchange Service at
that time, and for which CenturyLink is the incumbent Local Exchange Carrier within the state of
ldaho for purposes of providing local two way Wireless Services.
1.3 With respect to the terms and provisions of this Agreement, CenturyLink has negotiated
the Agreement in its entirety, and the inclusion of any particular provision, or rate, term and
condition, is not evidence of the reasonableness thereof when considered apart from all other
provisions of the Agreement.
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Section 2
I nterpretation and Construction
SECTION 2.0 . INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each of
which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided, however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. ln the event a change in a law,
rule regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. ln the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party's network may not be in compliance with the latest release of technical references,
technical publications, or publications of Telecommunications industry administrative or
technical standards.
2.2 The provisions in this Agreement are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state and federal rules, regulations, and laws, as of March 11, 2005 (the Existing
Rules). Nothing in this Agreement shall be deemed an admission by CenturyLink or WSP
concerning the interpretation or effect of the Existing Rules or an admission by CenturyLink or
WSP that the Existing Rules should not be changed, vacated, dismissed, stayed or modified.
Nothing in this Agreement shall preclude or estop CenturyLink or WSP from taking any position
in any forum concerning the proper interpretation or effect of the Existing Rules or concerning
whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the
extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified,
then this Agreement shall be amended to reflect such legally binding modification or change of
the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60)
Days after notification from a Party seeking amendment due to a modification or change of the
Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to
negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. lt is expressly understood
that this Agreement will be corrected, or if requested by WSP, amended as set forth in this
Section 2.2, to reflect the outcome of generic proceedings by the Commission for pricing,
service standards, or other matters covered by this Agreement. Rates in Exhibit A will reflect
legally binding decisions of the Commission and shall be applied on a prospective basis from
the effective date of the legally binding Commission decision, unless otherwise ordered by the
Commission. Where a Party provides notice to the other Party within thirty (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
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Type 2 Wireless lnterconnection Agreement -Negotiated 5-14-19 2
Section 2
I nterpretation and Construction
otherwise ordered. ln the event neither Party provides notice within (thirty (30) Days, the
effective date of the legally binding change shall be the Effective Date of the amendment unless
the Parties agree to a different date. During the pendency of any negotiation for an amendment
pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance
with the terms and conditions of this Agreement, for up to sixty (60) Days. For purposes of this
section, "legally binding" means that the legal ruling has not been stayed, no request for a stay
is pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and CenturyLink's Tariffs, Product Catalog (PCAT), methods and
procedures, technical publications, policies, product notifications or other CenturyLink
documentation relating to CenturyLink's or WSP's rights or obligations under this Agreement
then the rates, terms and conditions of this Agreement shall prevail. To the extent another
. document abridges or expands the rights or obligations of either Party under this Agreement,
the rates, terms and conditions of this Agreement shall prevail.
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Type 2 Wireless lnterconnection Agreement -Negotiated 5-14-19 3
Section 3
I m plementation Schedule
SECTION 3.0 . WSP INFORMATION
3.1 Except as otherwise required by law, CenturyLink will not provide or establish
lnterconnection and Ancillary services in accordance with the terms and conditions of this
Agreement prior to WSP's execution of this Agreement.
3.2 Prior to placing any orders for services under this Agreement, the Parties will jointly work
with the CenturyLink Sales and Service organizations to complete the New Customer
Questionnaire with the information below as appropriate. This information will then be used to:
Determine geog raph ical req uirements;
ldentify WSP ldentification lDs;
Determine CenturyLink system requirements to support WSP's specific activity;
Collect Cred it I nformation ;
Obtain Billing lnformation;
Create summary bills;
Establish input and output requirements;
Create and distribute CenturyLink and WSP Contact Lists; and
ldentify WSP hours and holidays.
3.3 WSPs that have previously completed a Questionnaire need not fill out a New Customer
Questionnaire; however, WSP will update its New Customer Questionnaire with any changes in
the required information that have occurred and communicate those changes to CenturyLink.
Before placing an order for a new product, WSP will need to complete the relevant New Product
Questionnaire and amend this Agreement.
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Type 2 Wireless I nterconnection Agreement -Negotiated 5-1 4-1 9 4
Section 4
Definitions
SECTION 4.0 . DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between WSP and CenturyLink for Wireless lnterconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line
transport services offered for the origination and/or termination of interexchange traffic.
"Access Tandem Switch" is a switch used to connect End Office Switches to lnterexchange
Carrier Switches. CenturyLink's Access Tandem Switches are also used to connect and switch
traffic between and among Central Office Switches within the same LATA and may be used for
the exchange of localtraffic.
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as amended, and as
from time to time interpreted in the duly authorized rules and regulations of the FGC or the
Commission.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled
by, or is under common ownership or control with, another person. For purposes of this
paragraph, the term 'own' means to own an equity interest (or the equivalent thereof) of more
than 10 percent.
"Applicable Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules or
orders of the FCC or the Commission.
'ATlS" or "Alliance for Telecommunications lndustry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable lnteroperability and
lnterconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automatic Location ldentification" or "ALl" is the automatic display at the Public Safety
Answering Point (PSAP) or the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 91 1 (E91 1).
"Basic Exchange Telecommunications Seryice" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network,
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancillary services such as 91 1, and Operator Services (OS).
"Bill and Keep" means the originating Party has no obligation to pay terminating charges to the
terminating Party.
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Type 2 Wireless lnterconnection Agreement -Negotiated 5-14-19 5
Section 4
Definitions
"Bill Date" means the date on which a Billing period ends, as identified on the bill.
"Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. lt
also involves the exchange of information between Telecommunications Carriers to process
claims and adjustments.
CABS" means Carrier Access Billing System or any successor billing system.
"Calling Party Number" or "CPN" is a Common Channel Signaling ('CCS") parameter, which
refers to the ten digit number transmitted through a network identifying the calling party.
Reference CenturyLink Tech nica I Pu blication 7 7 342.
"Carrie/' or "Common Carrie/' See Telecommunications Carrier
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive
oversight committee that provides direction as well as an appeals process to its subtending fora,
the Network lnterconnection lnteroperability Forum (NllF), the Ordering and Billing Forum
(OBF), the lndustry Numbering Committee (lNC), and the Toll Fraud Prevention Committee
(TFPC). On occasion, the CLC commissions ad hoc committees when issues do not have a
logical home in one of the subtending forums. OBF and Network lnstallation and Maintenance
Committee (NIMC) publish business process rules for their respective areas of concern.
"Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"Central Office Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Office Switches" which are used to terminate End User Customer station loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
"Tandem Office Switches" (or "Tandem Switches") are used to connect and switch trunk circuits
between and among other End Office Switches. Wireless Carrier's Switch(es) shall be
considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable
geographic area as CenturyLink's Tandem Office Switch. A fact-based consideration by the
Commission of geography should be used to classify any switch on a prospective basis.
"Charge Numbe/' (ChN) is a Common Channel Signaling parameter, which refers to the
number, transmitted through the network identifying the Billing number of the calling party.
Charge Number frequently is not the Calling Party Number (CPN).
"Collocation" is an arrangement where CenturyLink provides space in CenturyLink Premises for
the placement of WSP's equipment to be used for the purpose of lnterconnection.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. Section 332 and FCC
rules and orders interpreting that statute.
"Commission" means the ldaho Public Utilities Commission.
"Common Channel Signaling" or "CCS" means a method of exchanging call set up and network
control data over a digital signaling network fully separate from the Public switched Network that
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Section 4
Definitions
carries the actual call. Signaling System 7 (SS7) is currently the preferred CCS method.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to an Agreement, to obtain lnterconnection, access to Unbundled Network Elements,
ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not othenruise qualify as an lncumbent Local
Exchange Carrier (l LEC).
"Confidential lnformation" shall have the meaning set forth in Section 5.16.
"Connecting Facility Assignment" or "CFA" is a slot or channel assignment of WSP identifying
where their DSls or DS3 will be connecting with the LEC. A CFA is the identifier or location
where a WSP will interconnect with the incumbent Telecommunications Carrier.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of seryices, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Day" means calendar Days unless otherwise specified.
"Demarcation Point" means the point where CenturyLink owned or controlled facilities cease,
and WSP, End User Customer, premises owner or landlord ownership or control of facilities
begin.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are 24 DSO channels in a DS1.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. ln the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are 28 DSls in a DS3.
"Digital Signal Level 3" or "DS3" means lhe 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. ln the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Due Date" means the specific date on which the requested service is to be available to WSP as
applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both lnternational and National standards. These standards define the
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Section 4
Deflnitions
communication and data protocols allowing all organizations in the world to exchange
information.
"End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two or
more Carriers.
"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and localjurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
"Exchange Message lnterface" or "EMl' means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. lt is
referenced in the Alliance for Telecommunications lndustry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated by a Wireline end user and terminated within the Local Calling Area as determined by
the Commission.
'FCC" means the Federal Communications Commission
"Firm Order Confirmation Date" or "FOC" means the notice CenturyLink provides to WSP to
confirm that WSP's Access Service Order (ASR) has been received and has been successfully
processed. The FOC confirms the schedule of dates committed to by CenturyLink for the
provisioning of the service requested.
"lnformation Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
"lnformation Services Providers" or "lSPs" are providers of lnformation Services.
"lntegrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signal.
"lntercarrier Compensation Credit" is a monetary credit for two-way Wireline to Wireless traffic
which is originated by a CenturyLink Wireline End User Customer within the LATA, transported
by CenturyLink, and terminates to WSP's Wireless End User Customer within the MTA area.
When more than two (2) Carriers are involved in transporting a call, lntercarrier Compensation
Credit does not apply.
"lnterconnection" is as described in the Act and refers to the connection between networks for
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Type 2 Wireless lnterconnection Agreement -Negotiated 5-14-19 8
Section 4
Definitions
the purpose of transmission and routing of traffic.
"lnterconnection Agreement" or "Agreement" or "lCA" is an agreement entered into between
CenturyLink and WSP for lnterconnection, or other services as a result of negotiations, adoption
and/or arbitration or a combination thereof pursuant to Section 252 of the Act. When WSP signs
and delivers a copy of this Agreement to CenturyLink pursuant to the notice provision of the
Agreement it becomes the lnterconnection Agreement between the Parties pursuant to Section
252(e) of the Act.
"lnterconnections Database" or "ICONN" is a CenturyLink database, available on the
CenturyLink Web Site, which includes business and residence access line counts, switch types,
and switch generics.
"lnterexchange Carrier" (lXC) means a Carrier that provides lnterLATA or lntraLATA Toll
services.
"lnterexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, S lV(K), reprinted in United Sfafes v. Am. Tel.
& Tel. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"lnterLATA" describes Telecommunications traffic between a point located in a Local Access
and Transport Area ('LATA') and a point located outside such area.
"lnterMTA" describes Wireless Telecommunications Services originating in one MTA and
terminating in another MTA.
"lnterMTA Factors" are factors that are used in intercarrier compensation to determine lnterMTA
and lnterMTA Roaming MOUs when WSP's End User Customer is initiating (M-L) or terminating
(L-M) a call in another MTA.
"lnternet Service Provider-Bound" or "lSP-Bound" refers only to the traffic delivered to an
lnternet Service provider for which the FCC prescribed intercarrier compensation in the
lntercarrier Compensation for ISP-Bound Traffic, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Rcd 9151 (2001) (the "lSP Remand Orde/'). Such traffic does not
include traffic delivered to an lnternet Service provider located in a different local calling area
than the calling party.
"lntraLATA" describes Telecommunications functions originating and terminating in the same
LATA.
"lntraLATA Toll" describes IntraLATA traffic outside the Local Calling Area.
"lntraMTA" describes Wireless Non-Access Telecommunications Traffic that originates and
terminates in the same MTA.
"Local Access and Transport Area" or "LATA" is as defined in the Act.
"Local Calling Area" is a geographically defined area as established by the effective tariffs of
CenturyLink, as approved by the Commission.
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Section 4
Definitions
"Local Exchange Carrier" (LEC) means any Carrier that is engaged in the provision of telephone
Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such
Carrier is engaged in the provision of a commercial mobile service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be included in the definition
of such term.
"Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and lXCs to identify NPA-NXX routing and homing information as well
as Network Element and equipment designations.
"Local Number Portability" or "LNP" shall have the meaning set forth in Section 9.1.1.1.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"Local Tandem Switch" is a CenturyLink switch used to connect and switch trunk circuits
between End Office Switches for traffic within an EAS/Local calling area.
"Location Routing Number" or "LRN" means a unique ten- (1O)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten- (10)-digit
number serves as a network address and the routing information is stored in a database.
Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number. Based on the Location Routing Number, the querying Carrier then
routes the call to the Switch serving the ported number. The term "LRN" may also be used to
refer to a method of LNP.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services thereof from the
other with attendant acknowledgments and status reports in order to ensure proper operation
and functionality of facilities.
"Maintenance of Service charge" is a miscellaneous charge that relates to trouble isolation work
performed by CenturyLink. Basic Maintenance of Service charges apply when the CenturyLink
technician perform work during standard business hours. Overtime Maintenance of Service
charges apply when the CenturyLink technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the CenturyLink technician performs work on either a Sunday or CenturyLink recognized
holiday.
"Major Trading Area (MTA)" is a geographic area established in Rand McNally 1992
Commercial Atlas and Marketing Guide and used by the FCC in defining CMRS license
boundaries for CMRS providers for purposes of Sections 251 and 252 of the Act.
"Meet Point" is a point of lnterconnection between two networks, designated by two
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers (including a LEC and WSP)
receive traffic in the same LATA that the call is to be terminated in or originated from, and jointly
provide Switched Access Service to an lnterexchange Carrier, with each LEC (or WSP) billing
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Section 4
Definitions
and receiving, if applicable, an appropriate share of the revenues from the IXC as defined by the
effective Switched Access Tariff or, if applicable, WSP contract.
"Mid-Span Meet" means an lnterconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
"Mid-Span Meet PO!" A Mid-Span Meet POI is a negotiated Point of lnterface, limited to the
lnterconnection of facilities between the CenturyLink Serving Wire Center location and the
location of the WSP switch or other equipment located within the area served by the
CenturyLink Serving Wire Center.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
WSP's request or based on WSP's actions that result in miscellaneous services being provided
by CenturyLink, as described in this Agreement.
"Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications lndustry
Solutions (ATIS). The MECAB document, published by ATIS (0401004-00XX), contains the
recommended guidelines for the Billing of an access service provided by two or more
Telecommunications Carriers (including a WSP, LEC and/or a WSP), or by one LEC in two or
more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services-
lndustry Support lnterface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
lndustry Solutions (ATIS). The MECOD document, published by ATIS (0404120-00XX),
establishes recommended guidelines for processing orders for access service which is to be
provided by two or more Telecommunications Carriers (including a WSP, LEC and/or a WSP).
"Multiplexing" or "MUX" means the function which converts a 44.736 MBPS DS3 channel to 28
1.544 MBPS DS1 channels ora 1.544 DS1 channel to 24 DSO channels utilizing time division
Multiplexing.
"N-1 Carried' means the Carrier in the call routing process immediately preceding the
terminating carrier. The N-1 Carrier is responsible for performing the database queries (under
the FCC's rules) to determine the LRN value for correctly routing a call to a ported number.
"Non-Access Telecommunications Traffic" shall have the meaning set forth in 47 CFR
S51.701(b) that is originated or terminated as wireless traffic by WSP's end users.
"North American Numbering Plan" or 'NANP' means the basic numbering plan used for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean lslands. The
NANP format is a 1O-digit number that consists 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.
"Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portability centers involved in the dissemination of data associated with ported
numbers. The NPACs were established for each of the seven (7) original Bell Operating
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Section 4
Definitions
Company regions so as to cover the fifty (50) states, the District of Columbia and the U.S.
territories in the North American Numbering Plan area.
"Numbering Plan Area" or "NPA" is also sometimes referred to as an area code. lt is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each'1O-digit telephone
number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA: "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
'NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "D," "E" and "F" digits of a ten- (10) digit telephone number within
the NANP.
"Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12.
"Operator Tandem" means a CenturyLink switching system that provides a traffic concentration
and distribution function for CenturyLink operator assisted traffic.
"Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications lndustry
Solutions, concerned with inter-company ordering and Billing.
"Originating Line lnformation Parameter" or "OLlP" is a CCS SS7 signaling parameter that
identifies the line class of service, i.e., originating screening and routing translation.
"Parity" means the provision of non-discriminatory access to lnterconnection and other services
provided under this Agreement to the extent legally required on rates, terms and conditions that
are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided
by CenturyLink will be provided in "substantially the same time and manne/' to that which
CenturyLink provides to itself, its End User Customers, its Affiliates or to any other party.
"Party" means either CenturyLink or WSP and "Parties" means CenturyLink and WSP.
"Percent Local Usage (PLU) Factors" are percentages used in the CenturyLink intercarrier
compensation credit method in determining Minutes of Use (MOU) for Land to Mobile (L-M) and
Mobile to Land (M-L) traffic based on CenturyLink measured M-L traffic.
"PLU" is a factor for determining the portion of CenturyLink originated traffic that rides the Type
2 facility between CenturyLink's Tandem Switches or End Office Switches and WSP's POI for
calculation of the facilities credit to WSP.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Point of lnterface" "Point of lnterconnection" or "POl" is a physical demarcation between the
networks of two LECs (including a LEC and WSP). The POI is that point where the exchange of
traffic takes place. "Point of Presence" or "POP" means the Point of Presence of an lXC.
"Port" is an action relating to porting a telephone number from one central office switch to
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Section 4
Definitions
another central office switch using Local Number Portability.
"Premises" refers to CenturyLink's Central Offices and Serving Wire Centers; all buildings or
similar structures owned, leased, or otherwise controlled by CenturyLink that house its network
facilities; all structures that house CenturyLink facilities on public rights-of-way; and all land
owned, leased, or otherwise controlled by CenturyLink that is adjacent to these Central Offices,
Wire Centers, buildings and structures.
"Product Catalog" or "PCAT" is a CenturyLink document that provides information needed to
request services available under this Agreement. The PCAT is available on CenturyLink's web
site: http://www.centurvlink.com/wholesale/pcaUwirelesstvpe2.html
"Proprietary lnformation" shall have the same meaning as Confidential lnformation
"Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services from the other with attendant
acknowledgments and status reports.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
9111E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, lXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate Cente/' identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User
Customer traffic to/from the particular NPA-NXX designations with the specific Rate Center, and
2) the corresponding geographic area which is associated with one or more particular NPA-NNX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Roaming" is defined as a Telecommunications Service occurring when the End User Customer
of one CMRS provider utilizes the facilities of another CMRS provider. Most often, Roaming
occurs when the End User Customer is physically located outside the service area of his or her
service provider.
"Service Control Point" or "SCP" means a node in the CCS network to which information
requests for service handling, such as routing, are directed and processed. The SCP is a real
time database system that, based on a query from a Service Switching Point (SSP), performs
End User Customer or application-specific service logic and then sends instructions back to the
SSP on how to continue call processing.
"Service Switching Point" or "SSP" is a telephone switch that performs call processing on traffic
that originates, Tandems, or terminates at that site. Such call processing includes the
generation of SS7 messages to transfer call-related information to other SSPs and sending a
query to an SCP for instructions on call routing. SSPs are interconnected by SS7 links.
"Serving Wire Center" denotes the CenturyLink building from which dial tone for local Exchange
Service would normally be provided to a particular End User Customer Premises.
"Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
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Section 4
Definitions
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than call setup between signaling
points;
3) lntegrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (TCAP), which provides for transfer of
non-circuit related information between signaling points.
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End Office/Tandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
lnterexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
access, and 900 access and their successors or similar Switched Access Services.
"Tariff' as used throughout this Agreement refers to CenturyLink interstate Tariffs and state
Tariffs, price lists and price schedules.
"Technically Feasible" lnterconnection, Collocation, and other methods of achieving
lnterconnection at a point in the network shall be deemed Technically Feasible absent technical
or operational concerns that prevent the fulfillment of a request by a Telecommunications
Carrier for such lnterconnection, access, or methods. A determination of technical feasibility
does not include consideration of economic, accounting, Billing, space, or site concerns, except
that space and site concerns may be considered in circumstances where there is no possibility
of expanding the space available. The fact that an incumbent LEC must modify its facilities or
equipment to respond to such request does not determine whether satisfying such request is
Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because
of adverse network reliability impacts must prove to the Commission by clear and convincing
evidence that such lnterconnection, access, or methods would result in specific and significant
adverse network reliability impacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrie/' means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
mobile satellite service shall be treated as common carriage.
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
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Section 4
Definitions
regardless of the facilities used
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
single exchange, and which is covered by the Exchange Service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/8771866 NPA SAC codes.
"Transit Service" is any traffic that originates from one (1) Telecommunications Carrier's network
and/or its end user(s), transits another Telecommunications Carrier's network and terminates to
yet another Telecommunications Carrier's network and/or its end user(s).
"Trouble lsolation Charge" - see "Maintenance of Service."
"Trunk Group Servicing Request "TGSR" is the notification the CenturyLink Trunk Forecasting
Group sends to the Service Delivery Center to advise of blocking conditions on Carrier trunk
groups.
"Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities WSP or CenturyLink or their
respective contractors or agents perform at Work Locations. lt shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by-products), except for substances and materials that WSP,
CenturyLink or their respective contractors or agents intend to use in their original form in
connection with similar activities, are Waste. Waste shall not include substances, materials or
components incorporated into structures (such as cable routes) even after such components or
structures are no longer in current use.
"Wire Center" means the location of a CenturyLink local switching facility containing one or
more Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located. "Wireless" for the purposes of this Agreement, are
Telecommunications Services provided by a 2-way CMRS Carrier in accordance with its CMRS
license(s). This includes both cellular and personal communications service providers.
"Wireless lnterconnection Service" or ("WlS)" is the CenturyLink product name for
lnterconnection as described in Section 6 of this Agreement.
"Wireless lnterconnection Service (WlS) Entrance Facility" is a DS1 or DS3 facility that extends
from WSP's Switch location or Point of lnterconnection (POl) to the CenturyLink Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the CenturyLink
Serving Wire Center.
"Wireless Service Provider" or "WSP" for purposes of this Agreement is a 2-way CMRS provider
of Telecom m unications service.
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Section 4
Definitions
"Wireless Switched Access Traffic" is traffic that originates at one of the WSP's End User
Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of
Presence and terminates at one of the WSP's End User Customers, when the traffic transits the
CenturyLink network. See Section 6.5.
'Wireline" are Telecommunications Services provided by CenturyLink or other non-CMRS
Telecommunications Carriers. These services are provided via a fixed landline network where
the End User Customers are stationary.
"Work Locations" means any real estate that WSP or CenturyLink, as appropriate, owns, leases
or licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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Section 5
Terms and Conditions
SECTION 5.0 . TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 lntentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. ln addition, neither Party's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 lf such impairment is material and poses an immediate threat to the
safety of either Party's employees, Customers or the public or poses an immediate
threat of a service interruption, that Party shall provide immediate notice by email to the
other Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include'1) identification of the impairment (including the basis for
identifying the other Party's facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. ln the event either Party disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
5.1.3.2 lf the impairment is service impacting but does not meet the parameters
setforth in Section 5.1.3.1, such as low level noise orother interference, the other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. lf the impairment
has not been corrected or cannot be corrected within five (5) business days of receipt of
the notice of non-compliance, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
5.1.3.3 lf either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. lf either Party fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Party fails to take all appropriate steps to correct as
soon as reasonably possible, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
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Section 5
Terms and Conditions
5.1.3.4 lt is the responsibility of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Party for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-
number billed calls, calling card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing,
CenturyLink shall not assess any charges against WSP for services, facilities, Ancillary service
and other related works or services covered by this Agreement, unless the charges are
expressly provided for in this Agreement. All services and capabilities cunently provided
hereunder, to be provided hereunder, shall be priced in accordance with all applicable
provisions of the Act and the rules and order of the Federal Communications Commission and
orders of the Commission.
5.2 Term of Agreement
5.2.1 This Agreement shall become effective on the date of Commission Approval
("Effective Date"); however, the Parties may agree to implement the provisions of this
Agreement upon execution, in which event neither Party will bring a dispute to require that an
obligation incurred after execution must be fulfilled under the terms of the prior Agreement as
long as this Agreement ultimately receives Commission Approval and so long as such
obligations are fulfilled under the terms of this Agreement. This Agreement shall be binding
upon the Parties for a term of three (3) years. This Agreement will terminate on the date a
successor agreement is approved by the Commission, However, nothing relieves CLEC from
fulfilling the obligations incurred under the prior Agreement unless such obligation was incurred
following execution of this Agreement and the Parties agreed to implement this Agreement such
obligations are fulfilled under this Agreement consistent with this paragraph.
5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in
full force and effect until superseded by a successor agreement in accordance with this Section
5.2.2. Any Party may request negotiation of a successor agreement by written notice to the
other Party no earlierthan one hundred sixty (160) Days priorto the expiration of the term, or
the Agreement shall renew on a month to month basis. The date of this notice will be the
starting point for the negotiation window under Section 252 of the Act. This Agreement will
terminate on the date a successor agreement is approved by the Commission. However,
nothing relieves WSP from fulfilling the obligations incurred under the prior Agreement.
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Section 5
Terms and Conditions
5.3 lntentionally Left Blank
5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirty (30)
Days after the date of invoice (Payment Due Date). lf a Payment Due Date falls on a Sunday,
or on a holiday which is observed on a Monday, the payment date shall be the first non-holiday
day following such Sunday or holiday. lf a Payment Due Date falls on a Saturday or on a
holiday which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall
be the last non-holiday day preceding such Saturday or holiday. For invoices distributed
electronically, the date of invoice is the same as if the invoice were billed on paper, not the date
the electronic delivery occurs. lf either Party fails to make payment on or before the Payment
Due Date, the other Party may invoke allavailable rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty
(30) Days following the payment due date provided the Billing Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for
seruices. lf the Billing Party does not refuse to accept additional orders for the services on the
date specified in the ten (10) business days' notice, and the other Party's non-compliance
continues, nothing contained herein shall preclude the Billing Party's right to refuse to accept
additional orders for the services from the non-complying Party without further notice. For order
processing to resume, the billed Party will be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billing Party may
require a deposit (or additional deposit) from the billed Party, pursuant to this section. ln
addition to other remedies that may be available at law or equity, the billed Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
5.4.3 The Billing Party may disconnect services for failure by the billed Party to make
full payment, less any good faith disputed amount as provided for in Section 5.4.4 of this
Agreement, for the services provided under this Agreement within sixty (60) Days following the
payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party
will notify the billed Party at least ten (10) business days prior to disconnection of the service(s).
ln case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. lf the Billing Party does not disconnect the billed Party's service(s) on the
date specified in the ten (10) business days notice, and the billed Party's noncompliance
continues, nothing contained herein shall preclude the Billing Party's right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
billed Party will be required to make full payment of all past and current undisputed charges
under this Agreement for the services. Additionally, the Billing Party will request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to
this Section. ln addition to other remedies that may be available at law or equity, each Party
reserves the right to seek equitable relief, including injunctive relief and specific performance.
5.4.4 Should WSP or CenturyLink dispute, in good faith, any portion of the charges
under this Agreement, the Parties will notify each other in writing within fifteen (15) Days
following the payment due date identifying the amount, reason and rationale of such dispute. At
a minimum, WSP and CenturyLink shall pay all undisputed amounts due. Both WSP and
CenturyLink agree to expedite the investigation of any disputed amounts, promptly provide
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reasonably requested documentation regarding the amount disputed, and work in good faith in
an effort to resolve and settle the dispute through informal means prior to invoking any other
rights or remedies.
5.4.4.1 lf a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. lf the
disputed charges have been withheld and the dispute is resolved in favor of the Billing
Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bill Date following the resolution. lf the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Billing
Party shall credit the bill of the disputing Party for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second Bill
Date after the resolution of the dispute.
5.4.4.2 lf a Party pays the disputed charges and the dispute is resolved in favor
of the Billing Party, no further action is required. lf a Party pays the charges disputed at
the time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the
dispute is resolved in favor of the disputing Party, the Billing Party will adjust the Billing,
usually within two (2) Billing cycles, after the resolution of the dispute, as follows:
(1) The Billing Party will credit the Billed Party's bill for the disputed amount and
any associated interest; or
(2) lf the disputed amount is greater than the bill to be credited, pay the
remaining amount to the Billed Party.
(3) The interest calculated on the disputed amounts will be the same rate as late
payment charges. ln no event, however, will any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 lf the Billed Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment will be
made on a going-forward basis only, beginning with the date of the dispute.
5.4.5. CenturyLink reserves the right to secure the account at any time with a suitable security
deposit in the form and amounts set forth herein. lf payment of the security deposit is not
made within thirty (30) Days of the request, Carrier will be considered in material breach of the
Agreement and CenturyLink may stop processing orders for service.
5.4.6. ln the event of a material change in WSP's financial condition subsequent to the
Effective Date of this Agreement, CenturyLink may request a security deposit. A "material
change in financial condition" means WSP is a new WSP with no established credit history, or is
a WSP that has not established satisfactory credit with CenturyLink, or the Party is repeatedly
delinquent in making its payments, or is being reconnected after a disconnection of Service or
discontinuance of the processing of orders by CenturyLink due to a previous failure to pay
undisputed charges in a timely manner. CenturyLink may require a deposit to be held as
security for the payment of charges before the orders from WSP will be provisioned and
completed or before reconnection of Service. "Repeatedly delinquent" means any payment of a
material amount of total monthly Billing under the Agreement received after the Payment Due
Date, three (3) or more times during the last twelve ('12) month period.
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5.4.7. The deposit amount may not exceed the estimate total monthly charges for a two (2)
month period based upon recent or projected Billing. The deposit may be adjusted by WSP's
actual monthly average charges, payment history under this Agreement, or other relevant
factors, but in no event willthe security deposit exceed five million dollars ($5,000,000.00). The
deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions
acceptable to CenturyLink, or some other form of mutually acceptable security such as a cash
deposit. Required deposits are due and payable within thirty (30) Days after demand. Non-
payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement.
5.4.8 CenturyLink may exercise its right to credit any cash deposit to WSP's account, or to
demand payment from the issuing bank or bonding company of any irrevocable bank letter of
credit, upon the occurrence of any one of the following events:
5.4.8.1. when WSP's undisputed balances due to CenturyLink are more than
thirty (30) Days past due; and/or
5.4.8.2. to the extent permitted by Applicable Laws, when WSP files for protection
under the bankruptcy laws; and/or
5.4.8.3. to the extent permitted by Applicable Laws, when an involuntary petition
in bankruptcy is filed against WSP and is not dismissed within sixty (60) Days; and/or
5.4.8.4. when this Agreement expires or terminates.
5.4.9 lf any security deposit held by CenturyLink is applied as a credit toward payment of
WSP's balances due to CenturyLink, then CenturyLink may require WSP to provide a new
deposit. lf payment of the new deposit is not made within thirty (30) Days of the request,
CenturyLink may stop processing orders for service and WSP will be considered in breach of
the Agreement.
5.4.10 lnterest will be paid on cash deposits at the rate applying to deposits under applicable
Commission regulations. Cash deposits and accrued interest will be credited to WSP's account
or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or
the establishment of satisfactory credit with CenturyLink, which will generally be one full year of
timely payments of undisputed amounts in full by WSP. Upon a material change in financial
standing, WSP may request and CenturyLink will consider a recalculation of the deposit. The
fact that a deposit has been made does not relieve WSP from any requirements of this
Agreement.
5.4.11 CenturyLink may review WSP's credit standing and modify the amount of deposit
required but in no event will the maximum amount exceed the amount stated hereinabove.
5.4.12 The late payment charge for amounts that are billed under this Agreement shall be in
accordance with Commission req uirements.
5.4.13 WSP shall be responsible for notifying its End User Customers of any pending
disconnection of a service by WSP, if necessary, to allow those End User Customers to make
other arrangements for such services.
5.4.14 WSP must not remit payment for the Services with funds obtained through the
American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans
that would obligate CenturyLink to provide certain information or perform certain functions
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unless those functions and obligations are specifically agreed to by the parties in this
Agreement or in an amendment to this Agreement.
5.5 Taxes
5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or
similar taxes, fees or surcharges resulting from the performance of this Agreement shall be
borne by the Party upon which the obligation for payment is imposed under Applicable Law,
even if the obligation to collect and remit such taxes is placed upon the other Party. However,
where the selling Party is permitted by law to collect such taxes, fees or surcharges, from the
purchasing Party, such taxes, fees or surcharges shall be borne by the Party purchasing the
services. Each Party is responsible for any tax on its corporate existence, status or income.
Whenever possible, these amounts shall be billed as a separate item on the invoice. To the
extent a sale is claimed to be for resale tax exemption, the purchasing Party shall furnish the
providing Party a proper resale tax exemption certificate as authorized or required by statute or
regulation by the jurisdiction providing said resale tax exemption. Until such time as a resale tax
exemption certificate is provided, no exemptions will be applied. lf either Party (the Contesting
Party) contests the application of any tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge,
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
5.6 lnsurance
5.6.1 Each Party shall at all times during the term of this Agreement, at its own cost
and expense, carry and maintain the insurance coverage listed below with insurers having a
"Best's" rating of A-Vll with respect torliability arising from that Party's operations for which that
Party has assumed legal responsibility in this Agreement. lf either Party or its parent company
has assets equal to or exceeding ten billion dollars ($10,000,000,000), that Party may utilize an
Affiliate captive insurance company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the ten billion dollar ($10,000,000,000) asset
threshold, such parent shall be responsible for the insurance obligations contained in this
Section 5.6.1, to the extent its affiliated Party fails to meet such obligations.
5.6.1.1 Workers'Compensation with statutory limits as required in the state of
operation and Employers' Liability insurance with limits of not less than one hundred
thousand dollars ($100,000) each accident.
5.6.1.2 Commercial General Liability insurance covering claims for bodily injury,
death, personal injury or property damage occurring or arising out of the use or
occupancy of the premises, including coverage for independent contractor's protection
(required if any work will be subcontracted), premises-operations, products and/or
completed operations and contractual liability with respect to the liability assumed by
each Party hereunder. The limits of insurance shall not be less than one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate
limit.
5.6.1.3 Business automobile liability insurance covering the ownership, operation
and maintenance of all owned, non-owned and hired motor vehicles with limits of not
less than one million dollars ($1,000,000) per occurrence for bodily injury and property
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damage.
5.6.1.4 Umbrella/Excess Liability insurance in an amount of ten million dollars
($10,000,000) excess of Commercial General Liability insurance specified above. These
limits may be obtained through any combination of primary and excess or umbrella
liability insurance so long as the total limit is eleven million dollars ($11,000,000).
5.6.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all
of WSP personal property situated on or within the Premises or Remote Premises.
5.6.2 Each Party will initially provide certificate(s) of insurance evidencing coverage,
and thereafterwill provide such certificates upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liability coverage; (2) indicate
that coverage is primary and not excess of, or contributory with, any other valid and collectible
insurance purchased by the other Party; and (3) acknowledge severability of interesUcross
liability coverage.
5.7 Force Maieure
5.7.1 Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
lnability to secure products or services of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure Events to the extent any
delay or failure in performance caused by these circumstances is beyond the Party's control and
without that Party's fault or negligence. The Party affected by a Force Majeure Event shall give
prompt notice to the other Party, shall be excused from performance of its obligations hereunder
on a day to day basis to the extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable efforts to remove or mitigate the Force Majeure Event. ln the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent
to the level they provide themselves.
5.8 Limitation of Liability
5.8.1 Each Party's liability to the other Party for any loss relating to or arising out of any
act or omission in its performance under this Agreement, whether in contract, warranty, strict
liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Party's liability to the
other Party for any other losses shall be limited to the total amounts charged to WSP under this
Agreement during the contract year in which the cause accrues or arises.
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result.
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5.8.3 lntentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party's liability to the other for
(i) willful or intentional miscoMuct or (ii) damage to tangible real or personal property
proximately caused solely by such Party's negligent act or omission or that of their respective
agents, subcontractors, or em plolees.
5.8.5 Nothing contained in this Section 5.8 shall limit either Party's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for
failing to make any payment due'under this Agreement.
5.9 lndemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement
the following constitute the sole indemnification obligations between and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold
harmless the other Party and each of its officers, directors, employees and agents (each
an lndemnitee) from and against and in respect of any loss, debt, liability, damage,
obligation, claim, demand, judgment or settlement of any nature or kind, known or
unknown, liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys'fees), whether suffered, made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person'or
Persons, or for loss, damage to, or destruction of tangible property, whether or not
owned by others, resulting from the lndemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.
5.9.1.2 ln the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the lndemnifying Party) shall defend and indemnify the other Party and
each of its officers, directors, employees and agents (collectively the lndemnified Party)
against any and all such claims or loss by the lndemnifying Party's, End User Customers
regardless of whether the underlying service was provided by the lndemnified Party,
unless the loss was caused by the willful misconduct of the lndemnified Party. The
obligation to indemnify with respect to claims of the lndemnifying Party's End User
Customers shall not extend to any claims for physical bodily injury or death of any
Person or persons, or for loss, damage to, or destruction of tangible property, whether or
not owned by others, alleged to have resulted directly from the negligence or intentional
conduct of the employees, contractors, agents, or other representatives of the
lndemnified Party.
5.9.2 The indemnification provided herein shall be conditioned upon
5.9.2.1 The lndemnified Party shall promptly notify the lndemnifying Party of any
action taken against the lndemnified Party relating to the indemnification. Failure to so
notify the lndemnifying Party shall not relieve the lndemnifying Party of any liability that
the lndemnifying Party might have, except to the extent that such failure prejudices the
lndemnifying Party's ability to defend such claim.
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5.9.2.2 lf the lndemnifying Party wishes to defend against such action, it shall
give written notice to the lndemnified Party of acceptance of the defense of such action.
ln such event, the lndemnifying Party shall have sole authority to defend any such
action, including the selection of legal counsel, and the lndemnified Party may engage
separate legal counsel only at its sole cost and expense. ln the event that the
lndemnifying Party does not accept the defense of the action, the lndemnified Party shall
have the right to employ counsel for such defense at the expense of the lndemnifying
Party. Each Party agrees to cooperate with the other Party in the defense of any such
action and the relevant records of each Party shall be available to the other Party with
respect to any such defense.
5.9.2.3 ln no event shall the lndemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the lndemnified Party.
ln the event the lndemnified Party withholds consent, the lndemnified Party may, at its
cost, take over such defense, provided that, in such event, the lndemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant lndemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
5.10 lntellectualProperty
5.10.1 Except for a license to use any facilities or equipment (including software) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
regulations relating to lnterconnection and access to Telecommunications facilities and
services, nothing contained within this Agreement shall be construed as the grant of a license,
either express or implied, with respect to any patent, copyright, trade name trade mark, service
mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Party (the lndemnifying Party) shall indemnify and
hold the other Party (the lndemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the lndemnifying Party or services
provided by the lndemnifying Party provided or used pursuant to the terms of this Agreement
misappropriate or otherwise violates the intellectual property rights of any third party. ln addition
to being subject to the provisions of Section 5.9.2, the obligation for indemnification recited in
this paragraph shall not extend to infringement which results from (a) any combination of the
facilities or services of the lndemnifying Party with facilities or services of any other Person
(including the lndemnified Party but excluding the lndemnifying Party and any of its Affiliates),
which combination is not made by or at the direction of the lndemnifying Party or (b) any
modification made to the facilities or services of the lndemnifying Party by, on behalf of or at the
request of the lndemnified Party and not required by the lndemnifying Party. ln the event of any
claim, the lndemnifying Party may, at its sole option (a) obtain the right for the lndemnified Party
to continue to use the facility or service; or (b) replace or modify the facility or service to make
such facility or service non-infringing. lf the lndemnifying Party is not reasonably able to obtain
the right for continued use or to replace or modify the facility or service as provided in the
preceding sentence and either (a) the facility or service is held to be infringing by a court of
competent jurisdiction or (b) the lndemnifying Party reasonably believes that the facility or
service will be held to infringe, the lndemnifying Party shall notify the lndemnified Party and the
Parties shall negotiate in good faith regarding reasonable modifications to this Agreement
necessary to (1) mitigate damage or comply with an injunction which may result from such
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infringement or (2) allow cessation of further infringement. The lndemnifying Party may request
that the lndemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities or
services, and such request shall not be unreasonably denied.
5.10.3 To the extent required under applicable federal and state law, CenturyLink shall
use its best efforts to obtain, from its vendors who have licensed intellectual property rights to
CenturyLink in connection with facilities and services provided hereunder, licenses under such
intellectual property rights as necessary for WSP to use such facilities and services as
contemplated hereunder and at least in the same manner used by CenturyLink for the facilities
and services provided hereunder. CenturyLink shall notify WSP immediately in the event that
CenturyLink believes it has used its best efforts to obtain such rights, but has been unsuccessful
in obtaining such rights.
5.10.3.1 CenturyLink covenants that it will not enter into any licensing agreements
with respect to any CenturyLink facilities, equipment or services, including software, that
contain provisions that would disqualify WSP from using or interconnecting with such
facilities, equipment or services, including software, pursuant to the terms of this
Agreement. CenturyLink warrants and further covenants that it has not and will not
knowingly modify any existing license agreements for any network facilities, equipment
or services, including software, in whole or in part for the purpose of disqualifying WSP
from using or interconnecting with such facilities, equipment or services, including
software, pursuant to the terms of this Agreement. To the extent that providers of
facilities, equipment, services or software in CenturyLink's network provide CenturyLink
with indemnities covering intellectual property liabilities and those indemnities allow a
flow-through of protection to third parties, CenturyLink shall flow those indemnity
protections through to WSP.
5.10.4 Except as expressly provided in this lntellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affiliates without execution of a separate agreement
between the Parties.
5.10.5 Neither Party shall without the express written permission of the other Party,
state or imply that: 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is
part of a joint business association or any similar arrangement with the other or its Affiliates; 3)
the other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its
goods and services; or 4) with respect to its marketing, advertising or promotional activities or
materials, the goods and services are in any way associated with or originated from the other or
any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affiliates in
any marketing, advertising or promotional activities or materials.
5.10.6 CenturyLink and WSP each recognize that nothing contained in this Agreement
is intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
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other and is not assignable. Neither Party will do anything inconsistent with the other's
ownership of their respective Marks, and all rights, if any, that may be acquired by use of the
Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other.
5.11 Warranties
5.11,1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS,'WITH ALL
FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affiliate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the Parties' respective successors and assigns.
5.12.2 ln the event that CenturyLink transfers to any unaffiliated Party exchanges
including End User Customers that WSP serves in whole or in part through facilities or services
provided by CenturyLink under this Agreement, the transferee shall be deemed a successor to
CenturyLink's responsibilities hereunder for a period of ninety (90) Days from notice to WSP of
such transfer or until such later time as the Commission may direct pursuant to the
Commission's then applicable statutory authority to impose such responsibilities either as a
condition of the transfer or under such other state statutory authority as may give it such power.
ln the event of such a proposed transfer, CenturyLink shall use its best efforts to facilitate
discussions between WSP and the Transferee with respect to Transferee's assumption of
CenturyLink's obligations pursuant to the terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict WSP's rights to opt into a Wireless
lnterconnection Agreement under S 252(i) of the Act and 47 C.F.R. S 51.809.
5.13 Default
5.13.1 lf either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) Days after written notice thereof, the other Party may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Party
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the
same shall, nevertheless, be and remain in fullforce and effect.
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5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Party to act for another,
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 or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. 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.
5.15 Severability
5.15.1 ln the event that any one or more of the provisions contained herein shall for any
reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties
will negotiate in good faith for replacement language as set forth herein. lf any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or
unenforceability will affect only the portion of this Agreement, which is invalid or unenforceable.
ln all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect.
5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, drawings, sketches, models, samples, tools, technical information, data,
employee records, maps, financial reports, and market data, (i) furnished by one Party to the
other Party dealing with business or marketing plans End User Customer specific, facility
specific, or usage specific information, other than End User Customer information
communicated for the purpose of providing Directory Assistance or publication of directory
database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked at the
time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to the
receiving Party at the time of delivery, or by written notice given to the receiving Party within ten
(10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
"Proprietary lnformation"), shall remain the property of the disclosing Party. A Party who
receives Proprietary lnformation via an oral communication may request written confirmation
that the material is Proprietary lnformation. A Party who delivers Proprietary lnformation via an
oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary lnformation. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary lnformation by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward, treat such information as Proprietary lnformation.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary lnformation, whether written, graphic or othenrvise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party's Proprietary lnformation confidential
and will disclose it on a need to know basis only. Each party shall use the other Party's
Proprietary lnformation only in connection with this Agreement. Agreement and in accordance
with Applicable Law, including but not limited to, 47 U.S.C. S 222. ln accordance with Section
222 of the Act, when either Party receives or obtains Proprietary lnformation from the other
Party for purposes of providing any Telecommunications Services, that Party shall use such
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fype 2 Wireless lnterconnection Agreement -Negotiated 5-14-19 28
Section 5
Terms and Conditions
information only for such purpose, and shall not use such information for its own marketing
efforts. Neither Party shall use the other Party's Proprietary lnformation for any other purpose
except upon such terms and conditions as may be agreed upon between the Parties in writing.
Violations of these obligations shall subject a Party's employees to disciplinary action up to and
including termination of employment. lf either Party loses, or makes an unauthorized disclosure
of, the other Party's Proprietary lnformation, it will notify such other Party immediately and use
reasonable efforts to retrieve the information.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth
in this Agreement do not apply to such Proprietary lnformation as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving Party; or
c) is rightfully received from a third Person having no direct or indirect secrecy or
confidentiality obligation to the disclosing Party with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the receiving
Party which individual is not involved in any manner with the provision of services
pursuant to the Agreement and does not have any direct or indirect access to the
Proprietary lnformation; or
e) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person's rights; or
0 is approved for release by written authorization of the disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Party shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Partyfrom supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. ln addition either Party shall have the right to disclose
Proprietary lnformation to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of lnterLATA services by CenturyLink that are or may be required by the Act. The
Parties agree to cooperate with each other in order to seek appropriate protection or treatment
of such Proprietary lnformation pursuant to an appropriate protective order in any such
proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary lnformation provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose of this
Agreement, even if furnished before the Effective Date.
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Section 5
Terms and Conditions
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Party or its
representatives and that the disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shall not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but shall be in addition to all
other remedies available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Party's rights with respect
to its own Proprietary lnformation or its obligations with respect to the other Party's Proprietary
lnformation under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed
Confidential lnformation and the Parties may not distribute, disclose or reveal, in any form, this
material other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, WSP individual
forecasts and forecasting information disclosed by CenturyLink, to CenturyLink's legal
personnel in connection with their representation of CenturyLink in any dispute regarding
the quality or timeliness of the forecast as it relates to any reason for which WSP
provided it to CenturyLink under this Agreement, as well as to WSP's wholesale account
managers, wholesale WIS and Collocation product managers, network and growth
planning personnel responsible for preparing or responding to such forecasts or
forecasting information. ln no case shall retail marketing, sales or strategic planning
have access to this forecasting information. The Parties will inform all of the
aforementioned personnel with access to such Confidential lnformation, of its
confidential nature and will require personnel to execute a nondisclosure agreement
which states that, upon threat of termination, the aforementioned personnel may not
reveal or discuss such information with those not authorized to receive it except as
specifically authorized by law. Violations of these requirements shall subject the
personnel to disciplinary action up to and including termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, CenturyLink may
provide the forecast information that WSPs have made available to CenturyLink
under this Agreement, provided that CenturyLink shall first initiate any
procedures necessary to protect the confidentiality and to prevent the public
release of the information pending any applicable Commission procedures and
further provided that CenturyLink provides such notice as the Commission directs
to WSP involved, in order to allow it to prosecute such procedures .to their
completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure files and
locations such that access to the forecasts is limited to the personnel designated in subsection
5.16.9.1 above and such that no other personnel have computer access to such information.
5.17 Surviva!
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the
termination of this Agreement, and any obligation of a Party under the provisions regarding
indemnification, Confidential or Proprietary lnformation, limitations of liability, and any other
provisions of this Agreement which, by their terms, are contemplated to survive (or to be
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Section 5
Terms and Conditions
performed after) termination of this Agreement, shall survive cancellation or termination hereof.
5.18 DisputeResolution
5.18.1 The Parties will attempt in good faith to resolve through negotiation any dispute,
claim or controversy arising out of, or relating to, this Agreement. Either Party may give written
notice to the other Party of any dispute not resolved in the normal course of business. Each
Party will within seven (7) Days after delivery of the written notice of dispute, designate a vice-
president level employee or a representative with authority to make commitments to review,
meet, and negotiate, in good faith, to resolve the dispute. The Parties intend that these
negotiations be conducted by non-lawyer, business representatives, and the locations, format,
frequency, duraiion, and conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use other procedures to assist
in these negotiations. The discussions and correspondence among the representatives for the
purposes of these negotiations will be treated as Confidential lnformation (Confidential
lnformation) developed for purposes of settlement, and will be exempt from discovery and
production, and not be admissible in any subsequent proceedings without the concurrence of
both Parties.
5.18.2 lf the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence an action which will be brought before the
Commission or the FCC. lf the claims are not within the jurisdiction or the scope of the statutory
authority of the Commission or the FCC, or if the Party commencing the action seeks a
judgment for money damages, including, but not limited to, payment of amounts billed, any
action will be brought in the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and if not, in the Denver District Court for the State of
Colorado. The Parties agree that such courts have personaljurisdiction over them.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by
law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to
pursue any claim or action arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4,
regardless of the form, arising out of or relating to this Agreement, may be brought by either
Party more than two (2) years after the cause of action arises.
5.19 Controlling Law
5.19.1 This Agreement is offered by CenturyLink and accepted by WSP in accordance
with applicable federal law and the state law of ldaho. lt shall be interpreted solely in
accordance with applicable federal law and the state law of ldaho.
5.20 Responsibility for Environmenta! Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its officers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys'fees) that arise out of
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Section 5
Terms and Conditions
or result from (i) any Environmental Hazard that the lndemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the lndemnifying Party is responsible under Applicable Law.
5.20.2 ln the event any suspect materials within CenturyLink-owned, operated or leased
facilities are identified to be asbestos containing, WSP will ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such WSP activities
will be in accordance with applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by WSP or
equipment placement activities that result in the generation of asbestos-containing material,
WSP does not have any responsibility for managing, nor is it the owner of, nor does it have any
liability for, or in connection with, any asbestos-containing material. CenturyLink agrees to
immediately notify WSP if CenturyLink undertakes any asbestos control or asbestos abatement
activities that potentially could affect WSP personnel, equipment or operations, including, but
not limited to, contamination of equipment.
5.21 Notices
5.21.1 Any notices required by or concerning this Agreement shall be in writing and
shall be sufficiently given if delivered personally, delivered by prepaid overnight express service,
or sent by certified mail, return receipt requested, or by email where specified in this Agreement
to CenturyLink and WSP at the addresses shown below:
CenturvLink:
Director Sales Support
700 W MineralAve - Room MN D18.30
Littleton, CO 80120
Phone: [phone]
Email: [e-mail]
and to WSP at the address shown below
WSP Provider:
Dennis Moffit
CSC Wireless, LLC dba Altice Mobile
VP Legal
5830 Granite Parkway Bld 5 Ste. 600
Plano, TX75024
Phone: [phone]
Email : dennis. [e-mail]
With copv to:
CenturyLink Legal Department
Wholesale I nterconnection
700 W MineralAve - Room L14.08
Littleton, CO 80120
Phone: [phone]
Email : Leqal. I [e-mail]
With copv to:
Jeffrey Harnack
CSC Wireless, LLC dba Altice Mobile
Director Telecom and lnternet
311 North NW Loop 323
Tyler, TX75702
Phone: [phone]
Email : ieffrev. [e-mail]
5.22 Responsibility of Each Party
5.22.1 Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
of all employees assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing such matters. Each
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Section 5
Terms and Conditions
Party will be solely responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or agents bring to, create or
assume control over at Work Locations, and (ii) Waste resulting there from or otherwise
generated in connection with its or its contractors' or agents' activities at the Work Locations.
Subject to the limitations on liability and except as otherwise provided in this Agreement, each
Party shall be responsible for (i) its own acts and performance of all obligations imposed by
Applicable Law in connection with its activities, legal status and property, real or personal, and
(ii) the acts of its own Affiliates, employees, agents and contractors during the performance of
that Party's obligations hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any other
Person. This Agreement will not provide any Person not a Party to this Agreement with any
remedy, claim, liability, reimbursement, claim of action, or other right in excess of those existing
by reference in this Agreement.
5.24 lntentionally Left Blank
5.25 Publicity
5.25.1 Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original; but such counterparts shall together constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Party shall comply with all applicable federal, state, and local laws, rules
and regulations applicable to its performance under this Agreement. Without limiting the
foregoing, CenturyLink and WSP agree to keep and maintain in full force and effect all permits,
Iicenses, certificates, and other authorities needed to perform their respective obligations
hereunder.
5.28 Compliance with the Communications Assistance Law Enforcement Act of 1994
5.28.1 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the Communications Assistance
Law Enforcement Act of 1994 (CALEA). Each Party shall indemnify and hold the other Party
harmless from any and all penalties imposed upon the other Party for such noncompliance and
shall at the non-compliant Party's sole cost and expense, modify or replace any equipment,
facilities or services provided to the other Pafi under this Agreement to ensure that such
equipment, facilities and services fully comply with CALEA.
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Section 5
Terms and Conditions
5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of CenturyLink
services in ways such services were not previously available and the introduction of new
processes and procedures to provide and bill such services. Accordingly, the Parties agree to
work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering,
maintenance, Provisioning and Billing and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in
Section '12 of this Agreement.
5.30 Amendments
5.30.1 Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed
language changes. lf the Parties have not reached agreement on the requested amendment
within sixty (60) Days after receipt of the request, either Party may pursue resolution of the
amendment through the Dispute Resolution provisions of this Agreement.
5.30.2 lntentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement may not be given without the written consent thereto by both
Parties' authorized representative. No waiver by any party of any default, misrepresentation, or
breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend
to any prior or subsequent default, misrepresentation, or breach of warranty or covenant
hereunder or affect in any way any rights arising by virtue of any prior or subsequent such
occurrence.
5.31 Entire Agreement
5.31.1 This Agreement (including the documents referred to herein and any
amendments to the Agreement) constitutes the full and entire understanding and agreement
between the Parties with regard to the subjects of this Agreement and supersedes any prior
understandings, agreements, or representations by or between the Parties, written or oral, to
the extent they relate in any way to the subjects of this Agreement.
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Section 6
lnterconnection
SECTION 6.0 . !NTERCONNECTION
6.1 lnterconnectionFacilityOptions
6.1.1 This Section describes the lnterconnection of CenturyLink's network and WSP's
network for the purpose of exchanging lntraMTA, lnterMTA, and Wireless Switched Access
Traffic. lntercarrier traffic exchange will be mutual and reciprocal and all traffic exchanged
between the Parties must be provisioned pursuant to this Agreement. CenturyLink will provide
lnterconnection at any technically feasible point within CenturyLink's network, including but not
limited to, (i) the trunk side of a local Switch and (ii) the trunk connection points for a Tandem
Office Switch.,. "lnterconnection" is as described in the Act and refers, in this Section of the
Agreement, to the connection between networks for the purpose of transmission and routing of
lntraMTA traffic. CenturyLink's Wireless lnterconnection Service is provided for the purpose of
connecting End Office Switches to End Office Switches or End Office Switches to Local or
Access Tandem Switches for the exchange of lntraMTA Traffic; or End Office switches to
Access Tandem Switches for the exchange of lnterMTA or Wireless Switched Access Traffic.
New or continued CenturyLink Local Tandem to CenturyLink Access Tandem and CenturyLink
Access Tandem to CenturyLink Access Tandem Switch connections are not required where
CenturyLink can demonstrate that such connections present a risk of Switch exhaust and that
CenturyLink does not make similar use of its network to transport the local calls of its own or
any Affiliate's End User Customers.
6.1.1.1 CenturyLink will provide to WSP lnterconnection at least equal in quality
to that provided to itself, to any subsidiary, Affiliate, or any other party to which it
provides lnterconnection. Notwithstanding specific language in other sections of this
Agreement, all provisions of this Agreement regarding lnterconnection are subject to this
requirement. CenturyLink will provide lnterconnection under rates, terms and conditions
that are just, reasonable and non-discriminatory.
6.1.2 Methods of lnterconnection
6.1.2.1 The Parties will negotiate the facilities arrangement used to interconnect
their respective networks. WSP shall establish at least one (1) physical Point of
lnterconnection in CenturyLink territory in each LATA where the WSP has local End
User Customers and has an NPA/NXX assigned to a Rate Center within the LATA. The
Parties shall establish, through negotiations, at least one (1) of the following
lnterconnection arrangements, at any technically feasible point: (1) a DSI or DS3
CenturyLink Provided WIS Entrance Facility; (2) Collocation; (3) negotiated Mid-Span
Meet POI facilities; or (4) Other technically feasible methods of lnterconnection, unless a
particular arrangement has been previously provided to a third party, or is offered by
CenturyLink as a product.
6.1.2.1.1 CenturyLink Provided WIS Entrance Facility. lnterconnection may
be accomplished through the provision of a DSI or DS3 WIS Entrance Facility of
WSP's determination. A WIS Entrance Facility extends from the CenturyLink
Serving Wire Center to WSP's Switch location or any Technically Feasible POI
chosen by the WSP. CenturyLink-provided WIS Entrance Facilities may not
extend beyond the area served by the CenturyLink Serving Wire Center. The
rates for CenturyLink-provided WIS Entrance Facilities are provided in Exhibit A.
CenturyLink's private line transport service is available as an alternative to WIS
Entrance Facilities, when WSP uses such private line transport service for
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6.2
6.2.1
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lnterconnection
multiple services
6.1.2.2. Collocation. lnterconnection may be accomplished through the
Collocation arrangements offered by CenturyLink. The terms and conditions under
which Collocation will be available are described in Section 7.0 of this Agreement.
6.1.2.3. Mid-Span Meet POl. A Mid-Span Meet POI is a negotiated Point of
lnterface, limited to the lnterconnection of facilities between the CenturyLink Serving
Wire Center location of the WSP Switch or other equipment located within the area
served by the CenturyLink Serving Wire Center. The actual physical Point of lnterface
and facilities used will be subject to negotiations between the Parties. Each Party will be
responsible for its portion of the build to the Mid-Span Meet POl. These Mid Span Meet
POls will consist of facilities used for the exchange of traffic and joint provisioning of
Telecommunications Services to End User Customers and other Telecommunications
Carriers, as well as Ancillary trunks such as OS, DA, and 911 trunk groups.
6.1.2.4. CenturyLink agrees to provide local lnterconnection trunk diversity to the
same extent it does so in CenturyLink's local network.
Exchange of Traffic
Description
6.2.1.1 Section 6.2 addresses the exchange of traffic between WSP's network
and CenturyLink's netwok. lntercarrier traffic exchange covered by this Agreement is
for Wireless lnterconnection for CMRS Carriers only in association with CMRS two-way
services. Other lnterconnections are covered by a separate agreement or Tariff.
Wireless two-way lnterconnection is intended for Wireless to Wireline or Wireline to
Wireless, but not Wireline to Wireline communications. For purposes of this Agreement,
Fixed Wireless is considered a Wireline architecture. The Wireless lnterconnection
provided shall not be used to terminate other types of traffic on CenturyLink's network,
such as Wireline originated traffic. Where either Party interconnects and delivers traffic
to the other from third parties, each Party shall bill such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third party
terminations. Unless otherwise agreed to by the Parties, by an amendment to this
Agreement, the Parties will directly exchange traffic between their respective networks
without the use of third party transit providers.
6.2.1.2 The traffic types to be exchanged under this Agreement include:
6.2.1.2.1 lntraMTA traffic as defined in this Agreement.
6.2.1.2.2 lnterMTA traffic as defined in this Agreement.
6.2.1.2.3 lntentionallyLeftBlank.
6.2.1.2.4 Wireless Switched Access Traffic as defined in this Agreement.
6.2.1.2.5 For purposes of the Agreement, Transit Service does not include
traffic carried by lnterexchange Carriers. That traffic is defined as CenturyLink
Wireless Switched Access Traffic which is addressed in Section 6.5. Transit
36
6.2.2
Section 6
lnterconnection
Service is provided by CenturyLink, as a local and Access Tandem Switch
provider to the WSP to enable the completion of calls originated by or terminated
to end users of another Telecommunications Carrier which is connected to
CenturyLink's Switches. To the extent that WSP's Switch functions as a local or
Access Tandem Switch, as defined in this Agreement, WSP may also provide
transit service to CenturyLink.
6.2.1.3 lntentionally Left Blank.
6.2.1.4 Traffic having special billing or trunking requirements includes, but are not
limited to, the following:
6.2.1.4.1 Ancillary trunks for:
6.2.1.4.1.1 DirectoryAssistance
6.2.1.4.1.2 911tE911
6.2.1.4.1.3 Multi Frequency (MF) Wireless Switched Access
Traffic and Assistance Operator Services
6.2.1.4.1.4 Multi Frequency (MF) Wireless Switched Access
Traffic Toll Free Services; and
6.2.1.4.1.5 ISP Bound Traffic.
6.2.1.5 Toll Blocking Service is a Selective Class of Call Screening (CustomNet).
Selective Class of Call Screening restricts, by operator screen identification, outgoing toll
calls from trunks to collect, third party billed, and/or credit card calls only. Direct dialed
calls to Directory Assistance , 80018771888, E91 11911, 950, and CenturyLink Repair are
permitted. lt is available when WSP sends its traffic on outgoing Ancillary Trunks.
6.2.1.6 Billed Number Screening allows WSP the capability of restricting
incoming collect and/or third number billed calls from being billed to their Ancillary
Trunks. Although these lines are outgoing trunks, the capability does exist to terminate
a collect and/or third number billed call to the line. Other long distance companies may
or may not subscribe to Billing Validation or recognize the billed number screening
indicator. Therefore, calls placed on other long distance company networks may
complete and bill collect and/or third number billed calls to the WSP account.
CenturyLink is not responsible for any calls completed on other long distance company
networks.
Terms and Gonditions
6.2.2.1 Transport and Termination of lntraMTA Traffic.
6.2.2.1.1 lntraMTA Traffic will
I nterconnection Service.
be terminated as Wireless Type 2
6.2.2.1.2 As negotiated between the Parties, the transport of lntraMTA
Traffic may occur in several ways:
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Section 6
lnterconnection
6.2.2.1.2.1 One-way or two-way trunk groups may be
established. However, if either Party elects to provision its own
one-way trunks for delivery of lntraMTA traffic to be terminated on
the other Party's network, the ordering Party wil! provision its own
one-way trunks. The Party ordering one-way trunks will choose
the POI location for such one-way trunks.
6.2.2.1.2.2 WSP may purchase transport services from
CenturyLink or from a third party, including a third party that has
leased the private line transport service facility from CenturyLink.
Such transport provides a facility for the Type 2 trunk to be
provisioned in order to deliver the originating Party's lntraMTA
Traffic to the terminating Party's End Office Switch or Tandem
Switch for call termination. Transport may be purchased from
CenturyLink as Tandem Switch routed (i.e., tandem switching,
tandem transmission and direct trunked transport) or direct routed
to an end office (i.e., direct trunked transport). This Section is not
intended to alter either Party's obligation under Section 251(a) of
the Act.
6.2.2.1.3 When either Party utilizes the other Party's Tandem Switch for the
exchange of lntraMTA traffic, where there is a DS1's worth of traffic (512 CCS)
between the originating Party's End Office Switch delivered to the other Party's
Tandem Switch fordeliveryto one (1) of the other Party's End Office Switches,
the originating Party will order a direct trunk group to the other Party's End Office
Switch. To the extent that WSP has established a Collocation arrangement at a
CenturyLink End Office Switch location, and has available capacity, WSP may, at
its sole option, provide two-way direct trunk facilities from that End Office Switch
to WSP's Switch.
6.2.2.1.4 fype 2 ordered to a Tandem Switch will be provided as direct
trunked transport between the Serving Wire Center of the WSP's POI and the
Tandem Switch. Tandem transmission rates, as specified in Exhibit A of this
Agreement, will apply to the transport provided from the Tandem Switch to
CenturyLink's End Office Switch.
6.2.2.1.5 lf direct trunked transport is greater than fifty (50) miles in length,
and existing facilities are not available in either Party's network, and the Parties
have not been able to resolve the issue through Mid-Span Meet arrangements,
and the Parties cannot agree as to which Party will provide the facility, the
Parties may bring the matter before the Commission for resolution on an
lndividualCase Basis.
6.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by WSP in a LATA, CenturyLink will route traffic destined for WSP's End
User Customers via direct trunking where direct trunking has been established.
ln the event that direct trunking has not been established, such traffic shall be
routed via a CenturyLink Tandem Switch.
6.2.2.2 lnterMTA Traffic
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Section 6
lnterconnection
6.2.2.2.1 lnterMTA Traffic will be exchanged over Type 2 facilities and
usage will be rated using the CenturyLink's FCC's Access Tariff and the
applicable switched Access rates.
6.2.2.3 Transit Traffic
6.2.2.3.1 CenturyLink will accept traffic originated by WSP's network and/or
its end user(s) for termination to other Telecommunications Carrier's network
and/or its end user(s) connected to CenturyLink's Switch. CenturyLink will also
terminate traffic from these other Telecommunications Carriers' networks and/or
its end users to WSP's network and/or its end users. For purposes of the
Agreement, transit traffic does not include traffic carried by lnterexchange
Carriers. Such traffic is defined in Section 6.5 as CenturyLink's Wireless
Switched Access Traffic.
6.2.2.3.2 All transit traffic will be delivered to each involved network with
CCS/SS7 protocol and the appropriate ISUPffCAP messages to facilitate full
interoperability and billing functions.
6.2.2.3.3 The originating company is responsible for payment of appropriate
rates to the transit company and to the terminating company. The Parties agree
to enter into traffic exchange agreements with third party Telecommunications
Carriers prior to delivering traffic to be transited to third party
Telecommunications Carriers. ln the event one Party originates traffic that
transits the second Party's network to reach a third party Telecommunications
Carrier with whom the originating Party does not have a traffic exchange
agreement, then the originating Party will indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
Telecommunications Carrier, including any termination charges related to such
traffic and any attorneys fees and expenses
6.2.2.3.4 When CenturyLink receives an unqueried call from WSP to a
telephone number that has been Ported to another local services provider, the
transit rate will apply in addition to any query rates.
6.2.2.3.5 ln the case of a transit call that terminates in the Local Calling
Area but in a different state than the call originated, and the WSP does not have
an agreement with CenturyLink in the state where the transit call terminated,
WSP must execute an agreement for that state if it is a state served by
CenturyLink. ln the absence of such agreement, the transit rate in Exhibit A of
this Agreement will be billed to the WSP.
6.2.2.4. CenturyLink's Wireless Switched Access Traffic (See Section 6.5)
6.2.2.5 lnterface Code Availability
Supervisory signaling specifications, and the applicable network channel interface codes
for Type 2 trunks, are the same as those defined in Telcordia Reference Documents
GR-1 4S-CORE and BR-795-403-1 00.
6.2.2.6 Signaling Options
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6.2.2.6.1 SS7 Out of Band Signaling. SS7 Out-of Band Signaling must be
requested on orders for Type 2 trunks. Common Channel Signaling Access
Capability Service may be obtained under CenturyLink lntrastate and/or FCC
Access Tariffs or from a third party signaling provider. SS7 signaling may be
used on Type 2 Equal Access Trunks in an office where the SS7 Cell Feature
has been deployed. Each of the Parties, CenturyLink and WSP, will provide for
lnterconnection of their signaling network for the mutual exchange of signaling
information in accordance with the industry standards as described in Telcordia
documents, including but not limited to GR-905 CORE, GR-954 CORE, GR-394
CORE and CenturyLink Technical Publication 77342.
6.2.2.6.2 Multi-Frequency Signaling or MF Signaling is a signaling method
used for ancillary services to transmit address information and other information
over voice frequency transmission facilities. lt is also referred to as ln-Band
Signaling.
6.2.2.6.3. Clear Channel Capability (64CCC) permits 24 DS0-64 Kbps
services or 1.536 Mbps of information on the 1.544 Mbps line rate. 64CCC is
available for Type 2 trunks equipped with SS7 Out-of-Band Signaling. 64CCC
must be requested on the order for the new Type 2 trunks. CenturyLink will
provide WSP with a listing of CenturyLink Switches fully capable of routing64CCC traffic through the CenturyLink web site:
http://www.centurvlink.com/disclosures. Where available to CenturyLink,
CenturyLink will provide WSP with the same 64CCC on an alternate route or if
necessary via an overlay network.
6.2.2.7. Measurement of terminating Wireless lnterconnection Service (WlS)
minutes begins when the terminating WIS entry Switch receives answer supervision
from the called End User Customer's End Office Switch indicating the called End User
Customer has answered. The measurement of terminating call usage over Type 2
trunks ends when the terminating WIS entry Switch receives disconnect supervision
from either the called End User Customer's End Office Switch, indicating the called End
User Customer has disconnected, or WSP's Point of lnterconnection, whichever is
recognized first by the entry Switch. This is commonly referred to as "conversation
time." The Parties will only charge for actual minutes of use and/or fractions thereof of
completed calls. Minutes of use are aggregated at the end of the billing cycle by End
Office Switch and rounded to the nearest whole minute.
6.2.2.8 WIS Forecasting
6.2.2.8.1 Both WSP and CenturyLink shall work in good faith to define a
mutually agreed upon forecast of Type 2 trunking.
6.2.2.8.2 Both Parties shall have the obligation to participate in joint
planning meetings to establish trunk design and Provisioning requirements. The
Parties agree to provide mutual trunk forecast information to ensure End User
Customer call completion between the Parties' networks. Such forecasts shall
be for fype 2 trunking, which impacts the Switch capacity and facilities of each
Party. CenturyLink shall provide WSP trunk group specific projections to WSP
on or before the date of the joint planning meeting.
6.2.2.8.3 Switch capacity growth requiring the addition of new switching
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modules may require six (6) months for ordering and installation. To align with
the timeframe needed to provide for the requested facilities, including
engineering, ordering, installation and make ready activities, for capacity groMh
CenturyLink will utilize WSP's semi-annual forecasts and near-term demand
submitted on Unforecasted Demand Notification Form to ensure availability of
Switch capacity.
6.2.2.8.4 The forecast will identify trunking requirements for a two (2) year
period.
6.2.2.8.5 Both Parties will follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office Switch versus Tandem Switch routing. See Section 6.2.2.1.3.
6.2.2.8.6 Joint planning meetings will be used to bring clarity to the
forecasting process. Each Party will provide adequate information associated
with the CenturyLink Type 2 Trunk Forecast Forms in addition to its forecasts.
During the joint planning meetings, both Parties shall provide information on
major network projects anticipated for the following year that may impact the
other Party's forecast or lnterconnection requirements. No later than two (2)
weeks prior to the joint planning meetings, the Parties shall exchange information
to facilitate the planning process. CenturyLink shall provide WSP a report
reflecting then current spare capacity at each CenturyLink Switch that may
impact ihe lnterconndction traffic. CenturyLink shall also provide a report
reflecting then current blocking of local direct and alternate final trunk groups,
lnterconnection and non-lnterconnection alike. WSP will be provided
lnterconnection trunk group data on its own trunks. CenturyLink shall also
provide a report reflecting Tandem Switch routed lnterconnection trunking that
has exceeded 512BHCCS. The information is CenturyLink-proprietary, provided
under non-disclosure and is to be used solely for lnterconnection network
planning.
6.2.2.8.7 In addition to the above information, WSP shall provide:
(a) Completed CenturyLink Type 2 Trunk Forecast Forms; and
(b) Any planned use of an alternate Local Tandem Provider.
6.2.2.8.8 ln addition to the above information, the following information will
be available through the Local Exchange Routing Guide (LERG). The LERG is
available through Telcordia.
(a) CenturyLink Tandem Switches and CenturyLink End Office Switches
(LERG);
(b) CLLI codes;
(c) Switch type.
CenturyLink will notify WSP, of the anticipation of a new Local Tandem Switch in
accordance with FCC rules on network changes.
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6.2.2.8.9 CenturyLink network disclosure of deployment information for
specific technical capabilities (e.9., ISDN deployment, 64 CCC, etc.) shall be
provided on CenturyLink's web site, http:/iwww.centurvlink.com/disclosures.
6.2.2.8.10 When appropriate, CenturyLink will notify WSP through the
CenturyLink Trunk Group Servicing Request (TGSR) process of the need to take
action and place orders in accordance with the forecasted trunk requirements.
WSP shall respond to the TGSR within ten.(10) business days of receipt.
6.2.2.8.11 The following terms shall apply to the forecasting process:
6.2.2.8.11.1 WSP forecasts shall be provided to CenturyLink as detailed in the
standard Wireless lype2 Trunk Forecast Form.
6.2.2.8.11.2 WSP forecasts provided to CenturyLink, information provided by
WSP to CenturyLink outside of the normal forecasting process to modify the
forecast, and forecasting information disclosed by CenturyLink to WSP shall be
deemed Confidential lnformation and the Parties may not distribute, disclose or
reveal, in any form, this material other than as allowed and described in
subsections 5.1 6.9.1 and 5.1 6.9.2.
6.2.2.8.12 To the extent that WSP's historical trunking underutilization is
such that it restricts CenturyLink from provisioning trunking to itself or other
carriers without CenturyLink augmenting its Switch for additional trunking
capacity, CenturyLink reserves the right to reclaim the facilities for the purpose of
providing capacity to itself or other carriers. CenturyLink shall not leave the
WSP-assigned trunk group with less than twenty five percent (25o/o) excess
capacity. Ancillary trunks are excluded from this treatment.
6.2.2.8.13 lntentionallyLeftBlank.
6.2.2.8.14 Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
6.2.2.8.15 lnterconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When CenturyLink claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that WSP alone is the sole cause of such construction.
CenturyLink shall initiate such proceeding within ten (10) Days of notifying WSP
in writing that it will not construct the requested facilities, or within ten (10) Daysof notice from WSP in writing that CenturyLink must either commence
construction of the facilities or initiate such proceeding with the Commission. ln
this proceeding, CenturyLink shall not object to using the most expeditious
procedure available under state law, rule or regulation. CenturyLink shall be
relieved of its obligation of constructing such facilities during the pendency of the
proceeding before the Commission. lf the Commission approves such charges,
CenturyLink and WSP will share costs in proportion to each Party's use of the
overall capacity of the route involved. CenturyLink and WSP may also choose to
work in good faith to identify and locate alternative routes that can be used to
accommodate WSP forecasted build. Extraordinary circumstances include, but
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are not limited to, natural obstructions such as lakes, rivers, or steep terrain, and
legal obstructions such as governmental, federal, Native American or private
rights of way. The standard CenturyLink forecast period of six (6) months may
not apply under these circumstances. Construction Charges shall not apply in
the event that construction is an augment of an existing route.
6.2.2.9 Trunking Requirements
6.2.2.9.1 The Parties will provide designed lnterconnection facilities that meet the
same technical criteria and service standards, such as probability of blocking in peak
hours and transmission standards, in accordance with current industry standards.
6.2.2.9.2 lntentionally Left Blank
6.2.2.9.3 Separate trunk groups will be established based on billing, signaling, and
network requirements. The following is the current list of traffic types that require
separate trunk groups, unless specifically otherwise stated in this Agreement.
a) Directory Assistance trunks (where the Switch type requires separation
from operator services trunks);
b) 9111E911 trunks;
c) Operator services trunks (where the Switch type requires separation from
Directory Assistance trunks);
d) Mass calling trunks, if applicable
6.2.2.9.3.1 lntraMTA, ISP-Bound and Wireless Switched Access Traffic (See
Section 6.5), may be combined in a single WIS trunk group at access tandems
as appropriate per Section 6.2.2.9.6. Wireless Switched Access Traffic may,
upon request, be routed on a separate WIS trunk group with all other traffic
combined on the other trunk group at access tandems as appropriate per Section
6.2.2.9.6.
6.2.2.9.4 Trunks will be ordered in increments of DS1 for exchange of lntraMTA
and Wireless Switched Access Traffic. Directory Assistance, 911/E911, and Toll Free
Service trunks may be ordered in DSO.
6.2.2.9.5 The Parties will provide Common Channel Signaling (CCS) to one
another in conjunction with alltrunk circuits, except as provided below.
a) The Parties will provision all trunking using SS7/CCS capabilities.
Exceptions to this arrangement would be limited to operator services trunking,
Directory Assistance trunking and 9'11 trunking.
b) When the Parties interconnect via CCS for Wireless Switched Access
Traffic, the Tandem Switch provider will provide MF/CCS interworking as
required for lnterconnection with lnterexchange Carriers who use MF signaling.
6.2.2.9.6 WSP may interconnect at either the CenturyLink Local Tandem Switch or
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the CenturyLink Access Tandem Switch for the delivery of lntraMTA traffic. When WSP
is interconnected at the Access Tandem Switch and where there would be a DS1's worth
of local traffic (512 BHCCS) between WSP's Switch and those CenturyLink End Office
Switches subtending a CenturyLink Local Tandem Switch, WSP will order a direct trunk
group to the CenturyLink LocalTandem Switch.
6.2.2.9.6.1 CenturyLink will allow lnterconnection for the exchange of
lntraMTA traffic at CenturyLink's Access Tandem Switch without requiring
lnterconnection at the Local Tandem Switch, at least in those circumstances
when traffic volumes do not justify direct connection to the Local Tandem Switch;
and regardless of whether capacity at the Access Tandem Switch is exhausted
or forecasted to exhaust.
6.2.2.9.7 To the extent CenturyLink is using a specific End Office Switch to deliver
limited Tandem Switch functionality to itself, a wireless service provider, another WSP,
or another ILEC, it will arrange the same trunking for WSP.
6.2.2.9.8 Alternate Traffic Routing. lf WSP has a WIS arrangement which provides
two (2) paths to a CenturyLink End Office Switch (one (1) route via a Tandem Switch
and one (1) direct route), WSP may elect to utilize alternate traffic routing. WSP traffic
will be offered first to the direct trunk group (also referred to as the "primary high" route)
and then overflow to the Tandem Switch group (also referred to as the "alternate final"
route) for completion to CenturyLink End Office Switches.
6.2.2.9.9 Host-Remote. When a CenturyLink Wire Center is served by a remote
End Office Switch, WSP may deliver traffic to the host Central Office or to the Tandem
Switch.
6.2.2.10 Wireless lnterconnection Requirements
6.2.2.10.1 As a part of the Wireless lnterconnection requirements, WSP will
establish Type 2 trunk groups to the CenturyLink Access Tandem, CenturyLink Local
Tandem or End Office Switch(es), as required
6.2.2.10.2 Type2ALocalTandem lnterconnections
6.2.2.10.2.1 The Type 2A Local Tandem lnterconnection links WSP's POI to a
CenturyLink Local Tandem and is used for the exchange of lntraMTA Traffic
between WSP and NXXs served by the End Offices subtending the Local
Tandem. This lnterconnection arrangement carries both first routed direct final
traffic and traffic overflowed on an alternate final basis from a Type 28 Primary
High Use lnterconnection arrangement. A separate Type 24 Access Tandem
lnterconnection is needed in conjunction with a Type 2A Local Tandem
lnterconnection for the exchange of lnterMTA, lntraLATA Toll, and Wireless
Switched Access Traffic.
6.2.2.10.3 Type 24 Access Tandem lnterconnection
6.2.2.10.3.1 The Type 24 Access Tandem lnterconnection links WSP's POI to
a CenturyLink Access Tandem for the exchange of lnterMTA and Wireless
Switched Access Traffic. ln some circumstances, the WSP may also choose to
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use a Type 24 Access Tandem connection for the exchange of lntraMTA Traffic.
A Type 24 Access Tandem connection can be configured in either of the
following ways: 1.) as a separate trunk group for both lntraMTA and lnterMTA per
section 6.2.2.9.6 excluding Wireless Switched Access Traffic and a second trunk
group for Wireless Switched Access Traffic or 2.) as a single combined trunk
group per section 6.2.2.9.6 for lntraMTfulnterMTAMireless Switched Access
Traffic. Wireless lnterconnection service arrangement requires connection to
those Access Tandems in each LATA where WSP has originating or terminating
traffic.
6.2.2.10.4 Type2AEqualAccesslnterconnection
6.2.2.10.4.1 This direct final route trunk group is used for the delivery of
lnterexchange Carrier Wireless Switched Access Traffic. lt is an lnterconnection
with in-band signaling or out of band signaling, where available, using Feature
Group D signaling protocol between WSP's POI and the Access Tandem serving
the area in which the POI is located. The service enables WSP's End User
Customers to use their pre-subscribed lnterexchange Carrier of choice. Equal
Access trunks are available as one way out (mobile to land) in an office where
the SS7 Cell Feature has been deployed and are not available as one way in
(land to mobile), two way or for paging trunks.
6.2.2.10.5 Type28lnterconnections
6.2.2.10.5.1 Type 28 Primary High Use lnterconnection
6.2.2.10.5.1.1 The Type 28 Primary High Use lnterconnection is a
two-way trunk group lnterconnection between WSP's POI and a
CenturyLink End Office, within the same LATA. WSP must designate a
Type 24 Trunk Group to a CenturyLink Local Tandem or Access Tandem
Switch for overflow. Type 28 Primary High Use service is only available
in conjunction with an associated Type 24 service and is offered only
where facilities and operating conditions permit. WSP's lntraMTA and
CenturyLink's Local Traffic can be exchanged over this lnterconnection.
WSP will not route ancillary traffic or Wireless Switched Access Traffic
through the Type 28 Primary High Use lnterconnection. Type 28 Primary
High Use trunks are required when actual busy hour traffic exceeds 512
CCS to a CenturyLink End Office. Only traffic destined to telephone
numbers associated with the CenturyLink End Office and the WSP's POI
may be exchanged on this trunk group.
6.2.2.10.5.2 Type 28 Full Group Service lnterconnection
6.2.2.10.5.2.1 The Type 28 Full Group Service is a direct final, two-way
trunk group connection between WSP POI and a CenturyLink End Office,
within the same LATA. Each 28 Full Group serves only the individual End
Office. Overflow capability to an alternative trunk group is not available
with a Type 28 Full Group configuration. Only traffic destined to telephone
numbers associated with the CenturyLink End Office and the WSP's POI
may be exchanged on this trunk group.
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6.2.2.10.6 Type2Dlnterconnection
6.2.2.10.6.1 Type 2D lnterconnection is a direct final route trunk group
between a WSP Point of lnterconnection and the Operator Services Tandem for
the delivery of calls (i.e., Directory Assistance, National Directory Assistance,
Operator Services). Type 2D lnterconnection is a direct route to the Operator
Services Tandem only. Type 2D trunks are available as one way out, mobile to
land (to the CenturyLink Operator Tandem); they are not available as one way in
or for paging. CenturyLink offers Signaling System 7 (SS7) and Multi-frequency
(MF) signaling on Type 2D lnterconnection.
6.2.2.10.7 Ancillarylnterconnection
6.2.2.10.7.1 One-way mobile to land trunk group connection between the WSP
POI and the CenturyLink network to terminate calls for miscellaneous traffic
including: Directory Assistance, Operator Services (collect, credit card and Third
Party Billed), MF Toll Free Services, and E9111911.
6.2.2.11 Testing
6.2.2.11.1 Acceptance Testing. At the time of installation of a WIS trunk group, and
at no additional charge, acceptance tests will be performed to ensure that the service is
operational and meets the applicable technical parameters.
6.2.2.11.2 TestingCapabilities
6.2.2.11.2.1 Type 2 acceptance testing is provided where equipment is
available, with the following test lines: seven-digit access to balance (100 type),
milliwatt (102 type), nonsynchronous or synchronous, automatic transmission
measuring (105 type), data transmission (107 type), loop-around, short circuit,
open circuit, and non-inverting digital loopback (108 type), and such other
acceptance testing that may be needed to ensure that the service is operational
and meets the applicable technical parameters.
6.2.2.11.2.2 ln addition to Type 2 acceptance testing, other tests are available
(e.9., additional cooperative acceptance testing, automatic scheduled testing,
cooperative scheduled testing, manual scheduled testing, and non-scheduled
testing) at the applicable rates found in Exhibit A, Miscellaneous Charges.
6.2.2.11.3 Repair Testing. At the time of repair of a Type 2 trunk group, at
no additional charge, tests will be performed to ensure that the service is
operational and meets the applicable technical parameters.
6.2.2.12 Mileage Measurement. Where required, the mileage measurement for Type 2
rate elements is determined in the same manner as the mileage measurement for V & H
methodology as outlined in NECA Tariff No. 4.
6.3 lntercarrier Compensation
6.3.1
The lntercarrier Compensation Provisions of this Agreement shall apply to the exchange of
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lntraMTA Traffic between WSP's network and CenturyLink's network. Where either Party
interconnects and delivers traffic to the other from third parties, each Party shall bill such third
parties the appropriate charges pursuant to its respective tariffs, price lists or contractual
offerings for such third party terminations. Absent a separately negotiated agreement to the
contrary, the Parties will directly exchange traffic between their respective networks without the
use of third party transit providers.
6.3.1.1 WIS Entrance Facilities
6.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilities are specified in
Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use by Type 2
Service.
6.3.1.1.2 lf WSP chooses to provision WIS facilities over an existing facility
purchased as private line transport service from the CenturyLink state or FCC access
Tariffs, the rates from those Tariffs will apply.
6.3.1.2 Collocation
6.3.1.2.1 See Section 7
6.3.2 Direct Trunked Transport
6.3.2.1.
other Party
Either Pafiy may elect to purchase Direct trunked transport ('DTT") from the
6.3.2.1.1 DTT is available between the Serving Wire Center of the POI and the
terminating and/or transiting Party's Tandem Switch or End Office Switches. The
applicable rates are described in Exhibit A. DTT facilities are provided as dedicated
DS3, DSI or DSO facilities.
6.3.2.1.2 When DTT is provided to a local or Access Tandem Switch for lntraMTA
traffic, or to an Access Tandem Switch for Wireless Switched Access Traffic, the
applicable DTT rate elements apply between the Serving Wire Center and the Tandem
Switch. Additional rate elements for delivery of traffic to the terminating End Office
Switch are tandem switching and tandem transmission. These rates are described
below.
6.3.2.1.3 Mileage shall be measured for DTT based on V&H coordinates between
the Serving Wire Center and the local/Access Tandem or End Office Switch.
6.3.2.1.4 Fixed Charges per DSO, DS1 or DS3 and per mile charges are applicable
and are defined for DTT in Exhibit A of this Agreement.
6.3.2.2 Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available at
the rates specified in Exhibit A.
6.3.3 Trunk Nonrecurring Charges
6.3.3.1 lnstallation nonrecurring charges may be assessed by the provider for
each Type 2 trunk ordered. CenturyLink rates are specified in Exhibit A.
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6.3.3.2 Nonrecurring charges for rearrangement may be assessed by the provider for
each Type 2 trunk rearrangement ordered, at one-half the trunk non-recurring interface
rates specified in Exhibit A.
6.3.4 Ancillary lnterconnection Trunks
6.3.4.1 Recurring and nonrecurring rates for One-way mobile to land ancillary
trunks are specified in Exhibit A and will apply per one-way mobile to land ancillary trunk.
6.3.5 !ntraMTA Traffic
6.3.5.1 Bill and Keep shall apply to the exchange of lntraMTA traffic, solely when such
traffic terminates to the End User Customers (including wireless traffic of end user customers of
WSP's wireless roaming partners) of one of the Parties.
6.3.5.2 Notwithstanding anything in this Agreement to the contrary, Bill and Keep shall
not apply to the right of CenturyLink to be compensated for Transit Traffic that transits a
CenturyLink Tandem.
6.3.5.3 WSP agrees that it will only route traffic from its own wireless End User
Customers (including wireless traffic of end user customers of WSP's wireless roaming
partners) to CenturyLink for termination to CenturyLink End User Customers or as Transit
Traffic destined for a third party. ln the event WSP routes any traffic from third parties to
CenturyLink in violation of this paragraph, CenturyLink shall be entitled to seek injunctive relief
and to recover damages, including without limitation, compensation for such traffic at the rate
that is then applicable to intrastate or interstate access traffic, as appropriate.
6.3.6 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with WIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
6.3.6.1 Cancellation charges will apply to cancelled Type 2 trunk orders based
upon critical dates, terms and conditions in accordance with the Access Service Tariff Section
5.2.3, and the Trunk Nonrecurring Charges referenced in this Agreement.
6.3.6.2 Expedite requests for WIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in CenturyLink's Service lnterval
Guide (SlG) Due Dates. Expedite charges apply per order for every day that the Due Date
interval is shortened, based on the standard interval in the SIG criteria for Due Dates.
6.3.6.2.1 WSP will request an expedite for WIS trunks, including an expedited Due
Date, on the Access Service Request (ASR).
6.3.6.2.2 The request for expedite will be approved only when the request meets
the criteria outlined in the Pre-Approved Expedite Process in CenturyLink's Product
Catalog at CenturyLink's wholesale web site.
6.3.6.3 Additional testing including cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled
testing, is available for WIS trunks.
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6.3.7
6.3.8
lntentionally Left Blank
6.3.8.2.1
6.3.8.2.2
Transit Traffic
6.3.8.1 Transit Traffic will be charged on a per minute of use rate to the originating Party
for any traffic terminating to an entity other than a CenturyLink affiliate operating as an
lncumbent Local Exchange Carrier, as contained in Exhibit A.
6.3.8.2 When Transit Traffic originated by a third party is rout'ed to the WSP through a
CenturyLink switch that provides a tandem function, and the third party is not legally obligated to
compensate CenturyLink for the Transit Service provided in transporting the traffic to WSP, then
WSP will either:
Establish direct interconnection with such third party; or
Pay the Transit charges for such traffic
6.3.9 Signaling Parameters
6.3.9.1 CenturyLink and WSP are required to provide each other the proper signaling
information (e.9., originating Calling Party Number (CPN), Charge Number (ChN) and
destination call party number, etc.) per 47 C.F.R. S 64.1601 to enable each Party to issue bills
in a complete and timely fashion. All CCS signaling parameters will be provided including CPN,
calling party category, ChN, and Originating Line lnformation Parameter (OLIP) on calls
destined for lnterexchange Carriers (lXCs) All privacy indicators will be honored.
6.3.10 lntercarrier Compensation Gredit Method
6.3.10.1 CenturyLink uses mathematical formulas called factors or PLU (Percent Local
Use) factors to determine billing for lntercarrier Compensation Credit. The factors may be
changed based upon a three consecutive month traffic study generated by either Party and
acceptable to both parties by amending this Agreement.
PLU Factor Percentage Description
PLU Refer to Exhibit A Determines portion of CenturyLink
originated L-M MOUs used to
calculate facility credit compensation
6.3.10.2 fype2 Facilities Credit
6.3.10.2.1 When WSP leases Type 2 facilities from CenturyLink for WIS Entrance
Facility, DTT and Multiplexing, CenturyLink's charges shall be adjusted to account for
the portion of the facility used to transport traffic originated by CenturyLink's End User
Customers to WSP, as follows.
6.3.10.2.1.1 A credit will be calculated by multiplying the sum of the total
monthly two way channel facility for the WIS Entrance Facility, DTT, and
multiplexer state specific charges by a Percent Local Usage (PLU) factor (See
Section 6.3.10). This credit will be applied each month for the term of this
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Agreement.
6.3.10.2.1.2. The Parties agree that the Facilities Credit is intended to apply
only to 2-way Type 2lnterconnection facilities.
6.3.10.3 lntentionally Left Blank
6.3.11 !ntentionally Left Blank.
6.3.12 InterMTA Traffic
6.3.12.1 Applicable CenturyLink interstate Switched Access Tariff rates apply to
lnterMTA Traffic routed to a Toll/Access Tandem, Local Tandem, or directly to an End Office.
Applicable CenturyLink Switched Access Tariff rates also apply to lnterMTA Roaming traffic
originated by, or terminating to, CenturyLink. Relevant usage-sensitive rate elements could
include tandem switching, tandem transmission, and local switching, as appropriate.
6.3.12.2 For billing purposes, if either Party is unable to classify on an automated
basis traffic delivered by WSP as Mobile to Land (M-L) lnterMTA, traffic, intrastate or interstate,
WSP will provide CenturyLink with a Percent M-L lnterMTA factor, which represents the
estimated portion of lnterMTA traffic and lnterMTA Roaming traffic delivered by WSP. The M-L
lnterMTA factor is applied to the measured mobile to land minutes of use terminated on
CenturyLink's network to determine the portion of lnterMTA minutes to be billed at interstate
Access rates. The M-L lnterMTA factor will be identified in Exhibit A unless proven othenruise
based upon a traffic study generated by either Party and acceptable to both parties.
6.3.12.3 For billing purposes, CenturyLink will use a Land to Mobile (L-M)
lnterMTA Percent Factor, which represents the estimated portion of total traffic delivered by
CenturyLink to WSP that terminates (based on the first cell site of the Wireless End User
Customer) outside the MTA in which the call originated. The L-M lnterMTA factor is applied to
CenturyLink's land to mobile minutes of use and billed at interstate Switched Access Tariff
rates. The L-M lnterMTA factor will be identified in Exhibit A unless proven othenruise based
upon a traffic study generated by either Party and acceptable to both parties.
6.4 Ordering
6.4.1 When ordering Type 2 Service, the ordering Party shall specify requirements on
the Access Service Request (ASR): 1) the type and number of lnterconnection facilities to
terminate at the Point of lnterconnection in the Serving Wire Center; 2) the type of interoffice
transport, (i.e. direct trunked transport or tandem switched transport); and 3) the number of
ports to be provisioned at End office Switch or Local Tandem Switch; 4) any optional features.
When the ordering Party requests facilities, routing or optional features different than those
determined to be available, the Parties will work cooperatively in determining an acceptable
configuration based on available facilities, equipment and routing plans.
6.4.2 For each NXX code assigned to WSP by the NANPA, WSP will provide
CenturyLink with the CLLI codes of the CenturyLink Tandem Switches and WSP's Point of
lnterface to which traffic associated with the NXX will be routed. For NXX codes assigned to
existing Type 2 trunk groups, WSP will also provide CenturyLink with the CenturyLink assigned
two-six Code (TGSN) to which each NXX will be routed. lnformation that is not currently
available in the LERG may be provided via the NPA NXX Code Request Routing Form available
on the CenturyLink web site:
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http://www.centurvlink.com/wholesale/notices/npa nxxProcess.html.
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form
when a single Switch is served by multiple trunk groups.
6.4.3 When either Party has ordered a DS3 WIS Entrance Facility or private line
facility, that Party will order the appropriate DS1 facility required and identify the channels of the
DS3 to be used to provide circuit facility assignments (CFA). Also, if WSP has provided or
ordered a DS1 WIS Entrance Facility or private line facility, WSP will be responsible for
identification of the DSO channels of the DSI private line to be used to provide CFA.
6.4.4 A joint planning meeting will precede initial trunking orders. These meetings will
result in agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide
their best estimate of the traffic distribution to each End Office Switch subtending the Tandem
Switch.
6.4.5 lf WSP uses a method of interconnection of one POI in the LATA or the access
tandem for local traffic in accordance with Section 6.1.2 andlor 6.2.2.9.6, CenturyLink and WSP
will work together to review WSP's network configuration in order to ensure correct and
complete ASR ordering.
6.4.6 Service intervals and Due Dates for initial establishment of trunking arrangements at
each new Switch location of lnterconnection between the Parties will be determined on an
lndividual Case Basis.
6.4.7 CenturyLink will establish intervals for the provision of WIS trunks that conform to
the performance objectives set forth in the Standard lnterval Guide (SlG), available on
CenturyLink's web site: http://wmv.centurvlink.com/wholesale/pcaUwireless.html. CenturyLink
will provide notice to WSP of any changes related to ordering Type 2 service according to the
established processes.
6.4.8 The ordering Party may cancel an order at any time prior to notification that service
is available. lf the ordering Party is unable to accept Type 2 Service within thirty (30) Days after
the original service date, WSP has the following options:
a) The order for Type 2 Service will be cancelled, and cancellation charges
specified in 6.3.5.1 apply unless othenrvise mutually agreed by the Parties;
b) lntentionally Left Blank
c) Billing for the service will commence.
ln such instances, the cancellation date or the date Billing is to commence, depending on which
option is selected, will be the 31st Day after the Service Date
6.5 Wireless Switched Access Traffic
6.5.1 WSP must select one of the following methods for the delivery of WSP Switched
Access Service: 1) Jointly Provided Switched Access (JPSA), or 2) CenturyLink-provided
Wireless Switched Access Traffic. Both methods require the provisioning of Type 2 trunks.
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6.5.1.1 JPSA describes traffic involving interexchange carriers and the allocation
of billing between multiple carriers based on industry standard processes. JPSA is defined and
governed by the FCC No. 1 , Section 2.4.7, and State Access Tariffs, Multiple Exchange Carrier
Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD)
Guidelines, and is not modified by any provisions of this Agreement. CenturyLink and WSP
agree that all parties in the route, including the originating intermediate, and terminating WSPs
or LECs for Switched Access, will cooperatively determine the Jointly Provided Switched
Access arrangements in which all Parties concur. Each Party will bill the IXC the appropriate
portion of its Switched Access rates. CenturyLink will also provide the one-time notification to
WSP of the billing name, billing address and the Carrier ldentification Codes (ClC) of the lXCs
subtending any Access Tandems to which WSP directly connects.
6.5.1.1.1 CenturyLink will agree to function as the Access Service Coordinator
(ASC) as defined in the Multiple Exchange Carrier Ordering and Design Guidelines
(MECOD). CenturyLink will provide the operational, technical and administrative support
required in the planning, provisioning and maintenance involved in the joint access
provisioning process to the lXCs. CenturyLink will be unable to fulfill the role of ASC if
WSP does not fully comply with MECOD requirements, and file WSP End Offices and
billed percentages (BPs) in the NECA 4Tariff .
6.5.1.1 .2 The ATIS Network lnterconnection lnteroperability Forum (NllF)
recommended methodologies must be adhered to by all Local Exchange Carriers
(LECs) to provide timely notification to the industry of changes in their access network
architecture.
6.5.1.1.2.1 The ATIS document is titled Recommended Notification
Procedures to lndustrv for Chanqes in Access Network Architecture.
6.5.1.1.3 Billing to the IXC will follow MECAB's multiple bill single tariff option
whereby CenturyLink and WSP render separate bills to the lXC.
6.5.1.1.4 A charge will apply for Category 11-0'1-XX records sent in an EMI
mechanized format. These records are used to provide information necessary for each
Party to bitl the lnterexchange Carrier for Jointly Provided Switched Access Services and
8XX database queries. The charge for each record created and transmitted is listed in
Exhibit A of this Agreement.
6.5.1.1.5 The applicable Switched Access rates will be billed by the Parties to the
IXC based on MECAB guidelines and each Party's respective FCC, state Access Tariffs
or contractual agreements.
6.5.1.2. CenturyLink-provided Wireless Switched Access Traffic connects
Wireless End User calls and an interexchange carrier, whereby CenturyLink completes the
connection between WSP's POI and the long distance provider, using WSP Type 2
lnterconnection trunking arrangements described in this Agreement, in accordance with the
regulations set forth in FCC and State Access Tariffs. CenturyLink's billing to the IXC is
described in FCC No. 1 Tariff, Section 2.4.8. CenturyLink and WSP agree that under this option,
CenturyLink will determine the routes in all Switched Access arrangements. WSPs are required
to follow MECOD requirements. WSPs are not required to file BPs in the NECA 4Taritf .
6.5.1.2.1 Category 11-01-XX records are not exchanged under this option, and in all
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instances, CenturyLink performs the 8XX database queries
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Section 6
lnterconnection
53
Section 7
Collocation
sEcTtoN 7.0 - coLLocATtoN
7.1 Collocation allows for the placing of Telecommunications equipment owned by WSP
within CenturyLink's premises that is necessary for lnterconnection with CenturyLink under a
fype 2 arrangement. There are five (5) types of Collocation available: Virtual, Caged Physical,
Shared Caged Physical, Cageless Physical, lnterconnection Distribution Frame (ICDF) (for
Ancillary services only).
7.2 Should the Parties desire to establish a Type 2 Wireless Collocation relationship, the
Parties will enter into an Amendment to this Agreement and additional insurance requirements
may apply.
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Section 8
lntentionally Left Blank
SECTION 8.0 - lntentionally Left Blank
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Section 9
Ancillary Services
SECTION 9.0. ANCILLARY SERVICES
9.1 Local Number Portability
9.1.1 Managed Cuts
9.1.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of
users of Telecommunications Services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability, or convenience when
switching from one Telecommunications Carrier to another.
9.1.1.2 WSP may order the LNP Managed Cut, as described in Section 9.1.1.3.
9.1.1.2.1 Parties understand that LNP order activity may be coordinated in
order to ensure that the end user is provided with uninterrupted service. lf the Party
porting the telephone number experiences problems with its Port, and needs to delay or
cancel the Port, that Party shall notify the other Party immediately. Parties will work
cooperatively and take prompt action to delay or cancel the Port in accordance with
industry (LNPA's Working Group) accepted procedures to minimize End User Customer
service disruptions.
9.1.1.3 LNP Managed Cut: A Managed Cut permits WSP to select a project
managed cut for LNP. Managed Cuts are offered on a24 X 7 basis.
9.1.1.3.1 The date and time for the managed cut requires up-front planning
and may need to be coordinated between CenturyLink and WSP. All requests will be
processed on a first come, first served basis and are subject to CenturyLink's ability to
meet a reasonable demand. Considerations such as system downtime, switch
upgrades, switch maintenance, and the possibility of other WSPs requesting the same
Frame Due Time (FDT) in the same switch (switch contention) must be reviewed. ln the
event that any of these situations would occur, CenturyLink will coordinate with WSP for
an agreed upon FDT, prior to issuing the Firm Order Confirmation (FOC). ln special
cases where a FDT must be agreed upon, the interval to reach agreement will not
exceed two (2) Days. ln addition, standard intervals will apply.
9.1.1.3.2 WSP shall request a Managed Cut by submitting a Local Service
Request (LSR) and designating this order as a Managed Cut in the remarks section of
the LSR form. WSP must also populate Manual IND field with the letter Y.
9.1.1.3.3 WSP will incur additional charges for the Managed Cut dependent
upon the FDT. The rates are based upon whether the request is within CenturyLink's
normal business hours or out of hours. CenturyLink's normal business hours are 7:00
a.m. to 7:00 p.m., end user local time, Monday through Friday. The rate for Managed
Cuts during normal business hours is the standard rate. The rate for Managed Cuts out
of hours, except for Sundays and Holidays, is the overtime rate. Sundays and Holidays
are at premium rate.
9.1.1.3.4 Charges for Managed Cuts shall be based upon actual hours
worked in one half (%) hour increments. Exhibit A of this Agreement contains the rates
for Managed Cuts. WSP understands and agrees that in the event WSP does not make
payment for Managed Cuts, unless disputed as permitted under Section 5.4 of the
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Section 9
Ancillary Services
Agreement, CenturyLink shall not accept any new LSR requests for Managed Cuts.
9.1.1.3.5 CenturyLink will schedule the appropriate number of employees
prior to the cut, normally not to exceed three (3) employees, based upon information
provided by WSP. WSP will also have appropriate personnel scheduled for the
negotiated FDT. lf WSP's information is modified during the cut, and, as a result, non-
scheduled employees are required, WSP shall be charged a three (3) hour minimum
callout charge per each additional non-scheduled employee. lf the cut is either
cancelled, or supplemented (supp) to change the due date, within twenty-four (24) hours
of the negotiated FDT, WSP will be charged a one person three (3) hour minimum
charge. lf the cut is cancelled due to a CenturyLink error or a new due date is requested
by CenturyLink, within twenty-four (24) hours of the negotiated FDT, CenturyLink may be
charged by WSP one person three (3) hour minimum charge as set forth in Exhibit A.
9.1.1.3.6 ln the event that the LNP Managed Cut LNP conversion is not
successful, WSP and CenturyLink agree to isolate and fix the problem in a timeframe
acceptable to WSP or the Customer. lf the problem cannot be corrected within an
acceptable timeframe to WSP or the Customer, WSP may request the restoral of
CenturyLink service for the ported Customer. Such restoration shall begin immediately
upon request. lf WSP is in error then a supplemental order shall be provided to
CenturyLink. lf CenturyLink is in error, no supplemental order or additional order will be
required of WSP.
9.1.1.3.7 CenturyLink shall ensure that any LNP order activity requested in
conjunction with a Managed Cut shall be implemented in a manner that avoids
interrupting service to the end user, including, without limitation, ensuring that the end
user's CenturyLink Loop will not be disconnected prior to confirmation that telephone
number has been successfully ported.
9.1.2 Query Services
9.1.2.1 CenturyLink shall perform default LNP queries where WSP is unable to
perform its own query. WSP shall perform default LNP queries where CenturyLink is unable to
perform its own query. CenturyLink query services and charges are defined in Qwest's FCC
Taritf #1, Section 13.19.1, including End Office and Tandem Default Query Charges which are
contained in Tariff Section 13 (Miscellaneous Service.)
9.1.2.2 A Party shall be charged for a LNP query by the other Party only if the
Party to be charged is the N-1 carrier and it was obligated to perform the LNP query but failed to
do so. Parties are not obligated to perform the LNP query prior to the first Port requested in a
NXX.
9.2 911/E911 Service
9.2.1 Compliance with FCC Docket 94-102 necessitates the integration of Wireless
calls to the E911 network, which is separate from the Type 2 lnterconnection. This E911
connectivity must be between the Wireless Carrier's switch and the appropriate 911 selective
router and must include provisions for the delivery of the Wireless End User Customer's call
back telephone number and the location of the originating cell tower for Phase I and the X, Y
coordinate, within 157 meters, of the calling party in lieu of the originating cell tower location, for
Phase ll. lt is the Wireless Carriers responsibility to arrange for compliance with this section of
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Section 9
Ancillary Services
FCC 94-102. The Parties will cooperate in the joint provision of Wireless E911 service, to
include the provisioning of the network and Automatic Location ldentification (ALl)) Database,
under a separate agreement, which is compliant with the requirements of FCC docket 94-102,
when a qualifying Public Safety Answering Point (PSAP) requests such service.
9.3 lntentionally Left Blank
9.4 lntentionally Left Blank
9.5 Construction Charges
9.5.1 CenturyLink will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space. When CenturyLink constructs to
fulfill WSP's request, CenturyLink will bid this construction on a case-by-case basis.
CenturyLink will charge for the construction through nonrecurring charges and a term
agreement for the remaining recurring charge, as described in the Construction Charges
Section. When WSP orders the same or substantially similar service available to CenturyLink
End User Customers, nothing in this Section shall be interpreted to authorize CenturyLink to
charge WSP for special construction where such charges are not provided for in a Tariff or
where such charges would not be applied to a CenturyLink End User Customer.
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Section 10
Network Security
SECTION 1O.O - NETWORK SECURITY
10.1 Protection of Service and Property. Each Party shall exercise the same degree of care
to prevent harm or damage to the other Party and any third parties, its employees, agents or
End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
10.2 Each Party is responsible to provide security and privacy of communications. This
entails protecting the confidential nature of Telecommunications transmissions between End
User Customers during technician work operations and at all times. Specifically, no employee,
agent or representative shall monitor any circuits except as required to repair or provide service
of any End User Customer at any time. Nor shall an employee, agent or representative disclose
the nature of overheard conversations, or who participated in such communications or even that
such communication has taken place. Violation of such security may entail state and federal
criminal penalties, as well as civil penalties. WSP is responsible for covering its employees on
such security requirements and penalties.
10.3 The Parties'Telecommunications networks are part of the national security network, and
as such, are protected by federal law. Deliberate sabotage or disablement of any portion of the
underlying equipment used to provide the network is a violation of federal statutes with severe
penalties, especially in times of national emergency or state of war. The Parties are responsible
for covering their employees on such security requirements and penalties.
10.4 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
10.5 ln the event that one Party's employees, agents or representatives inadvertently damage
or impair the equipment of the other Party, prompt notification will be given to the damaged
Party by verbal notification between the Parties'technicians at the site or by telephone to each
Party's 24 x7 security numbers.
10.6 CenturyLink and WSP employees, agents and vendors will display the
identification/access card above the waist and visible at all times.
10.7 CenturyLink and WSP shall ensure adherence by their employees, agents and vendors
to all applicable CenturyLink environmental health and safety regulations. This includes all
fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including evacuation
plans and indoor air quality.
10.8 Revenue Protection. CenturyLink shall make available to WSP all present and future
fraud prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70'which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers.
10.8.1 Uncollectable or unbillable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
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Section 10
Network Security
reasonably been avoided
10.8.2 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by WSP, those costs will be borne by WSP.
10.8.3 To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.9., clip-on, missing information digits, missing toll
restriction, etc.).
10.8.4 lf CenturyLink becomes aware of potential fraud with respect to WSP's
accounts, CenturyLink will promptly inform WSP and, and the direction of WSP, take
reasonable action to mitigate the fraud where such action is possible.
10.9 Law Enforcement lnterface. CenturyLink provides emergency assistance to 911 centers
and law enforcement agencies seven (7) Days a weeUtwenty-tour (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from
an emergency trap/trace or *57 trace; requests for emergency subscriber information;
assistance to law enforcement agencies in hostage/barricade situations, kidnappings, bomb
threats, extortion/scams, runaways and life threats.
10.10 CenturyLink provides trap/trace, pen register and Title lll assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of WSP, for any lines served from CenturyLink Wire Centers or cross
boxes.
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Section 11
lntentionally Left Blank
SECTION 11.0 - lntentionally Left Blank
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Section 12
OSS
sEcTroN 12.0 - ACCESS TO OPERATTONAL SUPPORT SYSTEMS (OSS)
12.1 Description
12.1.1 CenturyLink has developed and shall continue to provide Operational
Support System (OSS) interfaces using electronic gateways and manual processes. These
gateways act as a mediation or control point between WSP's and CenturyLink's OSS. These
gateways provide security for the interfaces, protecting the integrity of the CenturyLink OSS and
databases. CenturyLink's OSS interfaces have been developed to support Pre-ordering,
Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the
interfaces and manual processes that CenturyLink has developed and shall provide to WSP.
Additionaltechnical information and details shall be provided by CenturyLink in training sessions
and documentation and support, such as the "lnterconnect Mediated Access User's Guide."
CenturyLink will continue to make improvements to the electronic interfaces as technology
evolves, CenturyLink's legacy systems improve, or WSP needs require. CenturyLink shall
provide notification to WSP consistent with existing practices.
12.1.2 Through its electronic gateways and manual processes, CenturyLink shall
provide WSP non-discriminatory access to CenturyLink's OSS for Pre-ordering, Ordering and
Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail
analogue, CenturyLink shall provide WSP access to its OSS in substantially the same time and
manner as it provides to itself. For those functions with no retail analogue, CenturyLink shall
provide WSP access to CenturyLink's OSS sufficient to allow an efficient competitor a
meaningful opportunity to compete. CenturyLink shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. CenturyLink
shall provide assistance for WSP to understand how to implement and use all of the available
OSS functions. CenturyLink shall provide WSP sufficient electronic and manual interfaces to
allow WSP equivalent access to all of the necessary OSS functions. Through its web site,
training, disclosure documentation and development assistance, CenturyLink shall disclose to
WSP any internal business rules and other formatting information necessary to ensure that
WSP's requests and orders are processed efficiently. CenturyLink shall provide training to
enable WSP to devise its own course work for its own employees. Through its documentation
available to WSP, CenturyLink will identify how its interface differs from national guidelines or
standards. CenturyLink shall provide OSS designed to accommodate both current demand and
reasonably foreseeable demand.
12.2 OSS Support for Pre-Ordering, Ordering and Provisioning
12.2.0 CenturyLink will establish interface contingency plans and disaster
recovery plans for the interfaces described in this Section. CenturyLink will work cooperatively
with WSPs through Service Management to consider any suggestions made by WSPs to
improve or modify such plans. WSP specific requests for modifications to such plans will be
negotiated and mutually agreed upon between CenturyLink and WSP.
12.2.0.1 Ordering and Provisioning
12.2.0.1.1 Ordering and Provisioning - CenturyLink will provide access to
ordering and status functions. WSP will populate the service request to identify
what features, services, or elements it wishes CenturyLink to provision in
accordance with CenturyLink's published businesd rules.
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12.2.1
12.2.1.1
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Section 12
OSS
12.2.0.1.2 CenturyLink shall provide all Provisioning services to WSP during
the same business hours that CenturyLink provisions services for its End User
Customers. CenturyLink will provide out-of-hours Provisioning services to WSP
on a non-discriminatory basis as it provides such Provisioning services to itself,
its End User Customers, its Affiliates or any other Party. CenturyLink shall
disclose the business rules regarding out-of-hours Provisioning on its wholesale
web site.
12.2.0.1.3 When WSP places a manual order, CenturyLink will provide WSP
with a manual Firm Order Confirmation notice. The confirmation notice will follow
industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of LSRs or ASRs are subject to
the provisions of Access Service Ordering Guide (ASOG) and Local Service
Ordering Guide (LSOG).
Ordering Process
Local Service Request (LSR)
12.2.1.1.1 CenturyLink shall provide electronic interface gateways for submission of
LSRs, including both an application to application interface and a Graphical User
lnterface (GUl).
12.2.1.1.2 The interface guidelines for the application to application interface are
based upon the Order & Billing Forum (OBF) Local Service Order Guidelines (LSOG),
and the appropriate electronic transmission standards. Exceptions to the above
guidelines/standards shall be specified in the lnterconnect Mediated Access (lMA)
disclosure documents.
12.2.1.1.3 The GUI shall provide a single interface for Pre-Order and Order
transactions from WSP to CenturyLink and is browser based. The GUI interface shall be
based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup
Language (HTML), JAVA and the Transmission Control Protocol/lnternet Protocol
(TCP/lP) to transmit messages.
12.2.1.1.4 Functions Pre-Ordering - CenturyLink will provide real time, electronic
access to pre-order functions to support WSP's ordering via the electronic interfaces
described herein.
12.2.1.1.5 When WSP places an electronic order, CenturyLink will provide WSP with
an electronic Firm Order Confirmation notice (FOC). The FOC will follow industry-
standard formats and contain the CenturyLink Due Date for order completion. Upon
completion of the order, CenturyLink will provide WSP with an electronic completion
notice which follows industry-standard formats and which states when the order was
completed. CenturyLink supplies two (2) separate completion notices: 1) service order
completion (SOC) which notifies WSP that the service order record has been completed,
and 2) Billing completion that notifies WSP that the service order has posted to the
Billing system.
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12.2.1.1.6 When WSP places an electronic order, CenturyLink shall provide
notification electronically of any instances when (1) CenturyLink's Committed Due Dates
are in jeopardy of not being met by CenturyLink on any service or (2) an order is
rejected.
12.2.1.1.7 When WSP places a manual order, CenturyLink shall provide notification
of any instances when (1) CenturyLink's Committed Due Dates are in jeopardy of not
being met by CenturyLink on any service or (2) an order is rejected.
12.2.1.1.8 Dial-UpCapabilities
12.2.1.1.8.1 When WSP requests from CenturyLink more than fifty (50)
SecurlDs for use by WSP Customer service representatives at a single WSP
location, WSP shall use a T1 line instead of dial-up access at that location. lf
WSP is obtaining the line from CenturyLink, then WSP shall be able to use
SecurlDs until such time as CenturyLink provisions the Tl line and the line
permits pre-order and order information to be exchanged between CenturyLink
and WSP.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 CenturyLink shall provide a computer-to-computer batch file
interface, an application to application interface and a GUI interface, for submission of
ASRs based upon the OBF Access Service Order Guidelines (ASOG). CenturyLink
shall supply exceptions to these guidelines in writing in sufflcient time for WSP to adjust
system requirements.
12.2.1.2.2 Functions Pre-Ordering. CenturyLink will provide real time,
electronic access to pre-order functions to support WSP's ordering via the electronic
interfaces described herein. CenturyLink will make the following real time pre-order
functions available to WSP:
12.2.1.2.2.1 Service Address validation;
12.2.1.2.2.2 CFA validation;
12.2.1.2.2.3 NC-NCl validation;
12.2.1.2.2.4 BAN validation; and
12.2.1.2.2.5 CLLI validation.
12.2.1.2.3 When WSP places an electronic or manual order, CenturyLink
shall provide notification of any instances when (1) CenturyLink's Committed Due Dates
are in jeopardy of not being met by CenturyLink on any service or (2) an order is
rejected.
12.2.1.2.4 When WSP places an electronic order, CenturyLink will provide
WSP with an electronic Firm Order Confirmation notice (FOC). The FOC will follow
industry-standard formats and contain the CenturyLink Due Date for order completion.
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12.2.2 Maintenance and Repair
12.2.2.1 CenturyLink shall provide electronic interface gateways, including an
Electronic Bonding interface and a GUI interface, for reviewing trouble history of a specific
circuit, conducting testing where applicable, and reporting trouble to facilitate the exchange of
updated information and progress reports between CenturyLink and WSP while the Trouble
Report (TR) is open and a CenturyLink technician is working on the resolution. WSP may also
report trouble through manual processes. For designed services, the TR will not be closed prior
to verification by WSP that trouble is cleared.
12.2.3 lnterface Availability
12.2.3.1 CenturyLink shall make its OSS interfaces available to WSP.
12.2.3.2 CenturyLink shall notify WSP in a timely manner regarding system
downtime through mass email distribution and pop-up windows as applicable.
12.2.4 Billing
12.2.4.1 For products billed out of the CenturyLink lnterexchange Access Billing
System (IABS), CenturyLink will utilize the existing CABS/BOS format and technology for the
transmission of bills.
12.2.4.2 For products billed out of the CenturyLink Customer Record lnformation
System (CRIS), CenturyLink will utilize the existing EDI standard for the transmission of monthly
local Billing information. EDI is an established standard under the auspices of the ANSUASC
X12 Committee. A proper subset of this specification has been adopted by the
Telecommunications lndustry Forum (TCIF) as the "811 Guidelines" specifically for the
purposes of Telecommunications Billing. Any deviance from these standards and guidelines
shall be documented and accessible to WSP.
12.2.5 Outputs
Output information will be provided to WSP in the form of bills. Bills will capture all regular
monthly and incremental/usage charges and present them in a summarized format.
12.2.5.1 The IABS Bill represents a monthly summary of charges. This bill
includes monthly and one-time charges plus a summary of any usage charges. These bills are
segmented by product, Billing account number (BAN) and bill cycle.
12.2.6 lntentionally Left Blank.
12.2.7 WSP Responsibilities for lmplementation of OSS lnterfaces
12.2.7.1 Before WSP implementation can begin, WSP must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once CenturyLink receives a complete and accurate New Customer
Questionnaire, CenturyLink and WSP will mutually agree upon time frames for implementation
of connectivity between WSP and the OSS interfaces.
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12.2.8 GenturyLink Responsibilities for On-going Support for OSS !nterfaces
CenturyLink will support previous application-to-application releases for six (6) months after the
next subsequent release has been deployed.
12.2.8.1
new release
CenturyLink will provide written notice to WSP of the need to migrate to a
12.2.8.2 CenturyLink will provide an lmplementation Coordinator to work with WSP
for business scenario re-certification, migration and data conversion strategy definition.
12.2.8.3 Re-certification is the process by which WSP demonstrates the ability to
generate correct functional transactions for enhancements not previously certified. CenturyLink
will provide the suite of tests for re-certification to WSP with the issuance of the disclosure
document.
12.2.8.4 CenturyLink shall provide training mechanisms for WSP to pursue in
educating its internal personnel. CenturyLink shall provide training necessary for WSP to use
CenturyLink's OSS interfaces and to understand CenturyLink's documentation, including
CenturyLink's business rules.
12.2.9 WSP Responsibilities for On-going Support for OSS lnterfaces
12.2.9.1 lf using the GUI interface, WSP will take reasonable efforts to train WSP
personnel on the GUI functions that WSP will be using.
12.2.9.2 An applicationto-application exchange protocol will be used to transport
electronically-formatted content. WSP must perform certification testing of exchange protocol
prior to using the application-to-application interface.
12.2.9.3 CenturyLink will provide WSP with access to a stable testing environment
that mirrors production to certify that its OSS will be capable of interacting smoothly and
efficiently with CenturyLink's OSS. CenturyLink has established the following test processes to
assure the implementation of a solid interface between CenturyLink and WSP:
12.2.9.3.1 Connectivity Testing WSP and CenturyLink will conduct
connectivity testing. This test will establish the ability of the trading partners to send and
receive electronic messages effectively. This test verifies the communications between
the trading partners. Connectivity is established during each phase of the
implementation cycle. This test is also conducted prior to controlled production and
before going live in the production environment if WSP or CenturyLink has implemented
environment changes when moving into production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) -regression testing:
CenturyLink's stand-alone testing environment will take pre-order and order requests,
pass them to the stand-alone database, and return responses to WSP during its
development and implementation of the application-to-application interface regression
testing SATE provides WSP the opportunity to validate its technical development efforts
built via CenturyLink documentation without the need to schedule test times. This
testing verifies WSP's ability to send correctly formatted electronic transactions through
the IMA system edits successfully for both new and existing releases. SATE uses test
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account data supplied by CenturyLink. CenturyLink will make additions to the test beds
and test accounts as it introduces new OSS electronic interface capabilities, including
support of new products and services, new interface features, and functionalities. All
SATE pre-order queries and orders are subjected to the same edits as production pre-
order and order transactions. This testing phase is optional.
12.2.9.3.3 SATE -progression testing: WSP has the option of participating
with CenturyLink in progression testing to provide WSP with the opportunity to validate
technical development efforts and to quantify processing results. Progression testing
provides WSP the opportunity to validate its technical development efforts built via
CenturyLink documentation without the need to schedule test times. This testing verifies
WSP's ability to send correctly formatted electronic transactions through the IMA system
edits successfully for both new and existing releases. SATE uses test account data
supplied by CenturyLink. CenturyLink will make additions to the test beds and test
accounts as it introduces new OSS electronic interface capabilities, including support of
new products and services, new interface features, and functionalities. All SATE pre-
order queries and orders are subjected to the same edits as production pre-order and
order transactions. This testing phase is required.
12.2.9.3.4 Controlled Production CenturyLink and WSP will perform
controlled production. The controlled production process is designed to validate the
ability of WSP to transmit electronic data that completely meets the appropriate
electronic transmission standards and complies with all CenturyLink business rules.
Controlled production consists of the controlled submission of actual WSP production
requests to the CenturyLink production environment. CenturyLink treats these pre-order
queries and orders as production pre-order and order transactions. CenturyLink and
WSP use controlled production results to determine operational readiness. Controlled
production requires the use of valid account and order data. All certification orders are
considered to be live orders and will be provisioned.
12.2.9.3.5 lf WSP is using the application-to-application interface,
CenturyLink shall provide WSP with a pre-allotted amount of time to complete
certification of its business scenarios. CenturyLink will allow WSP a reasonably
sufficient amount of time during the day and a reasonably sufficient number of days
during the week to complete certification of its business scenarios consistent with WSP's
business plan. lt is the sole responsibility of WSP to schedule an appointment with
CenturyLink for certification of its business scenarios. WSP must make every effort to
comply with the agreed upon dates and times scheduled for the certification of its
business scenarios. lf the certification of business scenarios is delayed due to WSP, it is
the sole responsibility of WSP to schedule new appointments for certification of its
business scenarios. CenturyLink will make reasonable efforts to accommodate WSP
schedule. Conflicts in the schedule could result in certification being delayed. lf a delay
is due to CenturyLink, CenturyLink will honor WSP's schedule through the use of
alternative hours.
12.2.9.4 lf WSP is using the application-to-application interface, WSP must work
with CenturyLink to certify the business scenarios that WSP will be using in order to ensure
successful transaction processing. CenturyLink and WSP shall mutually agree to the business
scenarios for which WSP requires certification. Certification will be granted for the specified
release of the interface. lf WSP is certifying multiple products or services, WSP has the option
of certifying those products or services serially or in parallelwhere Technically Feasible.
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12.2.9.4.1 For a new sofhryare release or upgrade, CenturyLink will provide
WSP a stable testing environment that mirrors the production environment in order for
WSP to test the new release. For software releases and upgrades, CenturyLink has
implemented the testing processes set forth in Sections 12.2.9.3.2, 12.2.9.3.3 and
12.2.9.3.4.
12.2.9.5 New releases of the application-to-application interface may require re-
certification of some or all business scenarios. A determination as to the need for re-
certification will be made by the CenturyLink coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification will be provided to WSP as
the new release is implemented. The suite of re-certification test scenarios will be provided to
WSP with the disclosure document. lf WSP is certifying multiple products or services, WSP has
the option of certifying those products or services serially or in parallel, where Technically
Feasible.
12.2.9.6 WSP will contact the CenturyLink lmplementation Coordinator to initiate
the migration process. WSP may not need to certify to every new IMA application-to-application
release, however, WSP must complete the re-certification and migration to the new release
within six (6) months of the deployment of the new release. WSP will use reasonable efforts to
provide sufficient support and personnel to ensure that issues that arise in migrating to the new
release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initial development and certification of
IMA application-to-application interface versions and migration to subsequent
application-to-a ppl ication i nterface versions :
12.2.9.6.1.1 SATE regression or SATE progression interoperability testing
must begin on the prior release before the next release is implemented.
Otherwise, WSP will be required to move its implementation plan to the next
release.
12.2.9.6.1.2 New IMA application-to-application users must be certified and in
production with at least one (1) product and one (1) order activity type on a prior
release two (2) months after the implementation of the next release. Otherwise,
WSP will be required to move its implementation plan to the next release.
12.2.9.6.1.3 Any IMA application-to-application user that has been placed into
production on the prior release not later than two (2) months after the next
release implementation may continue certifying additional products and activities
until two (2) months prior to the retirement of the release. To be placed into
production, the products/order activities must have been tested in the SATE
before two (2) months after the implementation of the next release.
12.2.9.7 WSP will be expected to execute the re-certification test cases in the
stand alone test environment. WSP will provide Purchase Order Numbers (PONs) of the
successful test cases to CenturyLink.
12.2.10 WSP Support
12.2.10.1 CenturyLink shall provide documentation and assistance for WSP to
understand how to implement and use all of the available OSS functions. CenturyLink shall
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provide to WSP in writing any internal business rules and other formatting information
necessary to ensure that WSP's requests and orders are processed efficiently. This assistance
will include, but is not limited to, contacts to the WSP account team, training, documentation,
and Wholesale Help Desk. CenturyLink will also supply WSP with an escalation level contact
list in the event issues are not resolved via contacts to the WSP account team, training,
documentation and Wholesale Systems Help Desk.
12.2.10.2 Wholesale Systems Help Desk
12.2.10.2.1 The Wholesale Systems Help Desk will provide a single point of
entry for WSP to gain assistance in areas involving connectivity, system availability, and
file outputs. The Wholesale Systems Help Desk areas are further described below.
12.2.10.2.1.1 Connectivity covers trouble with WSP's access to the CenturyLink
system for hardware configuration requirements with relevance to application-to-
application and GUI interfaces; software configuration requirements with
relevance to application-to-application and GUI interfaces; modem configuration
requirements, T1 configuration and dial-in string requirements, firewall access
configuration, web-services configuration, SecurlD configuration, Profile Setup,
and password verification.
12.2.10.2.1.2 System Availability covers system errors generated during an
attempt by WSP to place orders or open trouble reports through applicationto-
application and GUI interfaces. These system errors are limited to: Design
Services and Repair.
12.2.10.2.1.3 File Outputs covers WSP's output files and reports produced from
its usage and order activity. File outputs system errors are limited to: IABS Bill.
12.2.10.3 Additional assistance to WSP is available through various public web
sites. These web sites provide electronic interface training information and user documentation
and technical specifications and are located on CenturyLink's wholesale web site. CenturyLink
will provide lnterconnect Service Center Help Desks which will provide a single point of contact
for WSP to gain assistance in areas involving order submission and manual processes.
'12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, will be billed at rates set forth in
Exhibit A. Any such rates will be consistent with Existing Rules. CenturyLink shall not impose
any recurring or nonrecurring OSS charges unless and until the Commission approves such
rates or until such rates go into effect by operation of law.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 CenturyLink will provide repair and maintenance for all services covered
by this Agreement in substantially the same time and manner as that which CenturyLink
provides for itself, its End User Customers, its Affiliates, or any other party. CenturyLink shall
provide WSP repair status information in substantially the same time and manner as
CenturyLink provides for its retail services.
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12.3.1.2 During the term of this Agreement, CenturyLink will provide necessary
maintenance business process support to allow WSP to provide similar service quality to that
provided by CenturyLink to itself, its End User Customers, its Affiliates, or any other party.
12.3.1.3 CenturyLink will perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its Affiliates, or
any other party. Trouble calls from WSP shall receive response time priority that is substantially
the same as that provided to CenturyLink, its End User Customers, its Affiliates, or any other
party and shall be handled in a nondiscriminatory manner.
12.3.2 lntentionally Left Blank.
12.3.3 Service ! nterru ptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the other Party
pursuant to this Agreement shall not: 1) interfere with or impair service over any facilities of the
other Party, its affiliated companies, or its connecting and concuning Carriers involved in its
services; 2) cause damage to the plant of the other Party, its affiliated companies, or its
connecting concurring Carriers involved in its services; 3) violate any Applicable Law or
regulation regarding the invasion of privacy of any communications carried over the Party's
facilities; or 4) create hazards to the employees of either Party or to the public. Each of these
requirements is hereinafter referred to as an "lmpairment of Service".
12.3.3.2 lf it is confirmed that either Party is causing an lmpairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the "lmpaired
Party") shall promptly notify the Party causing the lmpairment of Service (the "lmpairing Party")
of the nature and location of the problem. The lmpairing Party and the lmpaired Party agree to
work together to attempt to promptly resolve the lmpairment of Service.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a repair
center for such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shall give access to the location where records are
normally located and where current status reports on any trouble reports are readily available. lf
necessary, alternative out-of-hours procedures shall be established to ensure access to a
location that is staffed and has the authority to initiate corrective action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts
to isolate the trouble to the other's facilities.
12.3.3.5.1 ln cases where a trouble condition affects a significant portion of
the other's service, the Parties shall assign the same priority provided to WSP as itself,
its End User Customers, its Affiliates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions
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12.3.4 Trouble lsolation
12.3.4.1 WSP is responsible for its own End User Customer base and will have
the responsibility for resolution of any service trouble report(s) from its End User Customers.
WSP will perform trouble isolation on services it provides to its End User Customers to the
extent the capability to perform such trouble isolation is available to WSP, prior to reporting
trouble to CenturyLink. WSP shall have access for testing purposes at the Demarcation Point,
or Point of lnterface. CenturyLink will work cooperatively with WSP to resolve trouble reports
when the trouble condition has been isolated and found to be within a portion of CenturyLink's
network. CenturyLink and WSP will report trouble isolation test results to the other. Each Party
shall be responsible for the costs of performing trouble isolation on its facilities, subject to
Section 12.3.4.2.
12.3.4.2 When WSP elects not to perform trouble isolation and CenturyLink
performs tests at WSP request, a Maintenance of Service Charge or a Trouble lsolation Charge
shall apply if the trouble is not in CenturyLink's facilities, including CenturyLink's facilities leased
by WSP. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on
CenturyLink's side of the Demarcation Point, or Point of lnterface during the investigation of the
initial or repeat trouble report for the same line or circuit within thirty (30) Days, Maintenance of
Service charges shall not apply.
12.3.5 lntentionally Left Blank.
12.3.6 Testi ng/Test Requests/Coord inated Testi ng
12.3.6.1 Where WSP does not have the ability to diagnose and isolate trouble on a
CenturyLink line, circuit, or service provided in this Agreement that WSP is utilizing to serve an
End User Customer, CenturyLink will conduct testing, to the extent testing capabilities are
available to CenturyLink, to diagnose and isolate a trouble in substantially the same time and
manner that CenturyLink provides for itself, its End User Customers, its Affiliates, or any other
party.
12.3.6.2 Prior to CenturyLink conducting a test on a line, circuit, or service
provided in this Agreement that WSP is utilizing to serve an End User Customer, CenturyLink
must receive a trouble report from WSP.
12.3.6.3 On manually reported trouble for designed services provided in this
Agreement, CenturyLink will provide WSP test results upon request. For electronically reported
trouble, CenturyLink will provide WSP with the ability to obtain basic test results in substantially
the same time and manner that CenturyLink provides for itself, its End User Customers, its
Affiliates, or any other party.
12.3.6.4 WSP shall isolate the trouble condition to CenturyLink's portion of the
line, circuit, or service provided in this Agreement before CenturyLink accepts a trouble report
for that line, circuit or service. Once CenturyLink accepts the trouble report from WSP,
CenturyLink shall process the trouble report in substantially the same time and manner as
CenturyLink does for itself, its End User Customers, its Affiliates, or any other party.
12.3.7 Work Genter lnterfaces
12.3.7.1 CenturyLink and WSP shall work cooperatively to develop positive, close
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working relationships among corresponding work centers involved in the trouble resolution
processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 WSP and CenturyLink will employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 WSP and CenturyLink will provide their respective End User
Customers with the correct telephone numbers to call for access to their respective
repair bureaus.
12.3.8.1.2 End User Customers of WSP shall be instructed to report all
cases of trouble to WSP. End User Customers of CenturyLink shall be instructed to
report all cases of trouble to CenturyLink.
12.3.8.1.3 To the extent the correct provider can be determined, misdirected
repair calls will be referred to the proper provider of Basic Exchange
Telecomm unications Service.
12.3.8.1.4 WSP and CenturyLink will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.3.8.1.5 ln responding to repair calls, WSP's End User Customers
contacting CenturyLink in error will be instructed to contact WSP; and CenturyLink's End
User Customers contacting WSP in error will be instructed to contact CenturyLink. ln
responding to calls, neither Party shall make disparaging remarks about each other. To
the extent the correct provider can be determined, misdirected calls received by either
Party will be referred to the proper provider of local Exchange Service; however, nothing
in this Agreement shall be deemed to prohibit CenturyLink or WSP from discussing its
products and services with WSP's or CenturyLink's End User Customers who call the
other Party.
12.3.9 Major Outages/Restoral/Notification
12.3.9.1 CenturyLink will notify WSP of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any other
party. This notification will be via e-mail to WSP's identified contact. With the minor exception
of certain Proprietary lnformation such as Customer information, CenturyLink will utilize the
same thresholds and processes for external notification as it does for internal purposes. This
major outage information will be sent via e-mail on the same schedule as is provided internally
within CenturyLink. The email notification schedule shall consist of initial report of abnormal
condition and estimated restoration time/date, abnormal condition updates, and final disposition.
Service restoration will be non-discriminatory, and will be accomplished as quickly as possible
according to CenturyLink and/or industry standards.
12.3.9.2 CenturyLink's emergency restoration process operates on a7X24 basis.
12.3.10 Protective Maintenance
12.3.10.1 CenturyLink will perform scheduled maintenance of substantially the
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same type and quality to that which it provides to itself, its End User Customers, its Affiliates, or
any other party.
12.3.10.2 CenturyLink will work cooperatively with WSP to develop industry-wide
processes to provide as much notice as possible to WSP of pending maintenance activity.
CenturyLink shall provide notice of potentially WSP Customer impacting maintenance activity, to
the extent CenturyLink can determine such impact, and negotiate mutually agreeable dates with
WSP in substantially the same time and manner as it does for itself, its End User Customers, its
Affiliates, or any other party.
12.3.10.3 CenturyLink shall advise WSP of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by CenturyLink on any services, including,
to the extent CenturyLink can determine, any hardware, equipment, software, or system
providing service functionality which may potentially impact WSP and/or WSP End User
Customers. CenturyLink shall provide the maximum advance notice of such non-scheduled
maintenance and testing activity possible, under the circumstances; provided, however, that
CenturyLink shall provide emergency maintenance as promptly as possible to maintain or
restore service and shall advise WSP promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 CenturyLink's repair operation is seven (7) Days a week, twenty-four (24)
hours a day. Not all functions or locations are covered with scheduled employees on a 7X24
basis. Where such 7X24 coverage is not available, CenturyLink's repair operations center
(always available 7X24) can call-out technicians or other personnel required for the identified
situation.
12.3.12 Escalations
12.3.12.1 CenturyLink will provide trouble escalation procedures to WSP. Such
procedures will be substantially the same type and quality as CenturyLink employs for itself, its
End User Customers, its Affiliates, or any other party. CenturyLink escalations are manual
processes.
12.3.12.2 CenturyLink repair escalations may be initiated by either calling the
trouble reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation point is the
tester. WSP may request escalation to higher tiers in its sole discretion. Escalations status is
available through telephone and the electronic interfaces. Electronic escalation is not available
for non-designed products.
12.3.12.3 CenturyLink shall handle chronic troubles on non-designed services,
which are those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 CenturyLink will provide maintenance dispatch personnel in substantially
the same time and manner as it provides for itself, its End User Customers, its Affiliates, or any
other party.
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12.3.13.2 Upon the receipt of a trouble report from WSP, CenturyLink will follow
internal processes and industry standards, to resolve the repair condition. CenturyLink will
dispatch repair personnel on occasion to repair the condition. lt will be CenturyLink's decision
whether or not to send a technician out on a dispatch. CenturyLink reserves the right to make
this dispatch decision based on the best information available to it in the trouble resolution
process. lt is not always necessary to dispatch to resolve trouble; should WSP require a
dispatch when CenturyLink believes the dispatch is not necessary, appropriate charges will be
billed by CenturyLink to WSP for those dispatch-related costs in accordance with Exhibit A if
CenturyLink can demonstrate that the dispatch was in fact unnecessary to the clearance of
trouble or the trouble is identified to be caused by WSP facilities or equipment.
12.3.14 Electronic Reporting
12.3.14.1 WSP may submit Trouble Reports through the Electronic Bonding or GUI
interfaces provided by CenturyLink.
12.3.14.2 Manually reported trouble tickets cannot be accessed by WSP through
electronic interfaces until the ticket has been closed. The WSP will only be able to view the
history on the account. Tickets created electronically in CEMR (Customer Electronic
Maintenance and Repair) can be monitored from the time the ticket has been created until it is
closed as well as to view the account history.
12.3.15 lntervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of CenturyLink End
User Customers or on behalf of WSP End User Customers, will receive commitment intervals in
substantially the same time and manner as CenturyLink provides for itself, its End User
Customers, its Affiliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 CenturyLink will notify WSP, in substantially the same time and manner
as CenturyLink provides this information to itself, its End User Customers, its Affiliates, or any
other party, that a trouble report commitment (appointment or interval) has been or is likely to be
missed. At WSP option, notification may be sent by email or fax through the electronic
interface. WSP may telephone CenturyLink repair center or use the electronic interfaces to
obtain jeopardy status. A jeopardy, caused by either WSP or CenturyLink, endangers
completing provisioning and/or installation processes and impacts meeting the schedule due
date of WSP's service request. When WSP's service-request is in jeopardy, CenturyLink
notifies WSP via a status update, email, Jeopardy Notification, telephone call, and/or a FOC
(Firm Order Confirmation). The purpose of the jeopardy notification is to identify jeopardy
conditions to WSP that impact meeting the scheduled due date of WSP's service requests.
12.3.17 Trouble Screening
12.3.17.1 WSP shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to CenturyLink only trouble
reports that involve CenturyLink facilities. For services and facilities where the capability to test
all or portions of the CenturyLink network service or facility rest with CenturyLink, CenturyLink
will then perform test isolation and test the service and facility on behalf of the WSP.
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12.3.18 Maintenance Standards
12.3.18.1 CenturyLink will cooperate with WSP to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, CenturyLink will inform WSP of repair
completion in substantially the same time and manner as CenturyLink provides to itself, its End
User Customers, its Affiliates, or any other party. On electronically reported trouble reports the
electronic system will automatically update status information, including trouble completion,
across the joint electronic gateway as the status changes.
12.3.19 End User Customer lnterface Responsibilities
12.3.19.1 WSP will be responsible for all interactions with its End User Customers
including service call handling and notifying its End User Customers of trouble status and
resolution.
12.3.19.2 All CenturyLink employees who perform repair service for WSP End User
Customers will be trained in non-discriminatory behavior.
12.3.19.3 CenturyLink will recognize the designated WSP as the Customer of
Record for all services ordered by WSP and will send all notices, invoices and pertinent
information directly to WSP. Except as otherwise specifically provided in this Agreement,
Customer of Record shall be CenturyLink's single and sole point of contact for all WSP End
User Customers.
12.3.20 Repair Gall Handling
12.3.20.1 Manually-reported repair calls by WSP to CenturyLink will be answered
with the same quality and speed as CenturyLink answers calls from its own End User
Customers.
12.3.21 Single Point of Gontact
12.3.21.1 CenturyLink will provide a single point of contact for WSP to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A
single 7X24 trouble reporting telephone number will be provided to WSP for each category of
trouble situation being encountered.
12.3.22 Network lnformation
12.3.22.1 CenturyLink will notify WSP of changes to its network or LERG
amendments in accordance with the FCC rules, an in substantially the same manner and
timeframe as CenturyLink makes such network information available for itself, its End User
Customers, its Affiliates, or any other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, CenturyLink performs major Switch maintenance activities off-
hours, during certain "maintenance windows". Major Switch maintenance activities include
Switch conversions, Switch generic upgrades and Switch equipment additions.
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12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m., Mountain
Time. Although CenturyLink normally does major Switch maintenance during the above
maintenance window, there will be occasions where this will not be possible. CenturyLink will
provide notification of any and all maintenance activities that may impact WSP ordering
practices such as embargoes, moratoriums, and quiet periods in substantially the same time
and manner as CenturyLink provides this information to itself, its End User Customers, its
Affiliates, or any other party.
12.3.24 Switch and Frame Gonversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one switch and its replacement with another. Generic Switch software or hardware
upgrades, the addition of switch line and trunk connection hardware and the addition of capacity
to a Switch do not constitute Switch conversions.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch Ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time
typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date
to migrate into the early hours of the day after the planned Conversion Date.
12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the
time period that the switch or frame trunk side facility connections are frozen to facilitate
conversion from one switch or frame to another with minimal disruption to the End User
Customer or WSP services. During the embargo period, CenturyLink will reject orders for trunk
side facilities (see Section 12.3.24.4.1) other than conversion orders described in Section
12.3.24.4.3. Notwithstanding the foregoing and to the extent CenturyLink provisions trunk or
trunk facility related service orders for itself, its End User Customers, its Affiliates, or any other
party during embargoes, CenturyLink shall provide WSP the same capabilities.
12.3.24.4.1 ASRs for switch or frame trunk side facility augments to capacity
or changes to Switch or frame trunk side facilities must be issued by WSP with a Due
Date prior to or after the appropriate embargo interval. CenturyLink shall reject Switch
or frame trunk side ASRs to augment capacity or change facilities issued by WSP or
CenturyLink, its End User Customers, its Affiliates or any other party during the embargo
period, regardless of the order's Due Date except for conversion ASRs described in
Section 12.3.24.4.3.
12.3.24.4.2 For switch and trunk side frame conversions, CenturyLink shall
provide WSP with conversion trunk group service requests (TGSR) no less than ninety
(90) Days before the Conversion Date.
12.3.24.4.3 For switch and trunk side frame conversions, WSP shall issue
facility conversion ASRs to CenturyLink no later than thirty (30) Days before the
Conversion Date for like-for-like, where WSP mirrors their existing circuit design from the
old Switch or frame to the new Switch or frame, and sixty (60) Days before the
Conversion Date for addition of trunk capacity or modification of circuit characteristics
(i.e., change of AMI to BSZS).
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12.3.24.5 Frame Embargo Period. During frame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the affected
frame. For conversion of trunks where WSP mirrors their existing circuit design from the old
frame to the new frame on a like-for-like basis, such embargo period shall extend from thirty
(30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. lf WSP
requests the addition of trunk capacity or modification of circuit characteristics (i.e., change of
AMI to BSZS) to the new frame, new facility ASRs shall be placed, and the embargo period shall
extend from sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion
Date. Prior to instituting an embargo period, CenturyLink shall identify the particular dates and
locations for frame conversion embargo periods in substantially the same time and manner as
CenturyLink notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities associated with the trunk
side of the switch. For conversion of trunks where WSP mirrors their existing circuit design from
the old Switch to the new Switch on a like-for-like basis, such embargo period shall extend from
thirty (30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. lf
WSP requests the addition of trunk capacity or modification of circuit characteristics to the new
Switch, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60)
Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to
instituting an embargo period, CenturyLink shall identify the particular dates and locations for
Switch conversion embargo periods in substantially the same time and manner as CenturyLink
notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due Dates, with
the exception of LSRs that result in disconnect orders, including those related to LNP orders,
record orders, Billing change orders for non-switched products, and emergency orders.
12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any kind
issued during the Switch or frame conversion quiet periods will be handled as set forth
below, with the understanding that CenturyLink shall use its best efforts to avoid the loss
of End User Customer service. Such best efforts shall be substantially the same time
and manner as CenturyLink uses for itself, its End User Customers, its Affiliates, or any
other pafi.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the affected
location, extends from five (5) Days prior to conversion until two (2) Days after the
conversion.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed or the affected
location, extends from five (5) Days prior to conversion until two (2) Days after the
conversion.
12.3.24.7.4 LSRs, except those requesting order activity described in
12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion quiet period
and (ii) may not be issued during the quiet period. LSRs that do not meet these
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Section 12
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requirements will be rejected by CenturyLink.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, will be processed after the quiet period
expires.
12.3.24.7.6 WSP may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the Day
prior to the scheduled LSR Due Date. Such changes shall be requested by issuing a
supplemental LSR requesting a Due Date change. Such changes shall be handled as
emergency orders by CenturyLink.
12.3.24.7.7 WSP may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day after the
scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental
LSR requesting a Due Date change and contacting the lnterconnect Service Center.
Such changes shall be handled as emergency orders by CenturyLink.
12.3.24.7.8 ln the event that WSP End User Customer service is disconnected
in error, CenturyLink will restore service in substantially the same time and manner as
CenturyLink does for itself, its End User Customers, its Affiliates, or any other party.
Restoration of WSP End User Customer service will be handled through the LNP
escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. lf such
generic Switch or software upgrades require significant activity related to translations, an
abbreviated embargo and/or quiet period may be required. CenturyLink shall implement service
order embargoes and/or quiet periods during Switch upgrades in substantially the same time
and manner as CenturyLink does for itself, its End User Customers, its Affiliates, and any other
party.
12.3.24.9 Switch Line and Trunk Hardware Additions. CenturyLink shall use its
best efforts to minimize WSP service order impacts due to hardware additions and modifications
to CenturyLink's existing Switches. CenturyLink shall provide WSP substantially the same
service order processing capabilities as CenturyLink provides itself, its End User Customers,
Affiliates, or any other party during such Switch hardware additions.
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Section 13
Access To Telephone Numbers
SECTION 13.0. ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the lndustry Numbering Committee (lNG) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to NeuStar.
Both Parties agree to comply with lndustry guidelines and Commission rules, including those
sections requiring the accurate reporting of data to the NANPA.
13.3 lt shall be the responsibility of each Party to program and update its own switches and
network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and route
traffic to the other Party's assigned NXX or NXX-X codes. Neither Party shall impose any fees
or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it. Each
Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party will
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems, and 800 SSP. Each Party is responsible for
updating the LERG data for NXX codes assigned to its End Office Switches. Each Party shall
use the LERG published by Telcordia or its successor for obtaining routing information and shall
provide through an authorized LERG input agent, all required information regarding its network
for maintaining the LERG in a timely manner.
13.5 Each Party shall be responsible for notifying its End User Customers of any changes in
numbering or dialing arrangements to include changes such as the introduction of new NPAs.
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Section 14
LocalDialing Parity
SECTION 14.0. LOCAL DIALING PARITY
14.1 The Parties shall provide local dialing parity to each other as required under Section
251(bX3) of the Act. CenturyLink will provide local dialing parity to competing Carriers of
telephone Exchange Service and telephone Toll Service, and will permit all such Carriers to
have non-discriminatory access to telephone numbers, Operator Services (OS), and Directory
Assistance (DA), with no unreasonable dialing delays. WSP may elect to route all of its End
User Customers calls in the same manner as CenturyLink routes its End User Customers calls,
for a given call type (e.9., 0, 0+, 1+, 411), or WSP may elect to custom route its End User
Customers' calls differently than CenturyLink routes its End User Customer's calls. Additional
terms and conditions with respect to customized routing are described in this Agreement.
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Section 15
SECTION 15.0 - !ntentionally Left Blank
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Section 16
Bona Fide Request Process
SECTION 16.0 . INTENTIONALLY LEFT BLANK
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Section 17
Audit Process
SECTION 17.0 - AUDIT PROCESS
17.1 "Audit" shall mean the comprehensive review of the books, records, and other
documents used in providing services under this Agreement. The term "Audit" also applies to
the investigation of company records, back office systems and databases.
17.2 The data referred to above shall be relevant to any performance indicators that are
adopted in connection with this Agreement, through negotiation, arbitration or otherwise. This
Audit shall take place under the following conditions:
'17.2.1 Either Party may request to perform an Audit.
17.2.2 The Audit shall occur upon thirty (30) business Days written notice by the
requesting Party to the non-requesting Party.
17.2.3 The Audit shall occur during normal business hours.
172.4 There shall be no more than two Audits requested by each Party under
this Agreement in any 12-month period.
17.2.5 The requesting Party may review the non-requesting Party's records,
books and documents, as may reasonably contain information relevant to the operation
of this Agreement.
17.2.6 The location of the Audit shall be the location where the requested
records, books and documents are retained in the normal course of business.
17.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request will be considered accepted and no longer subject toAudit. ln the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least 24 months and all subsequent
transactions will also be subject to audit.
17.2.8 Each Party shall bear its own expenses occasioned by the Audit,
provided that the expense of any special data collection shall be borne by the requesting
Party.
17.2.9 The Party requesting the Audit may request that an Audit be conducted
by a mutually agreedto independent auditor. Under this circumstance, the costs of the
independent auditor shall be paid for by the Party requesting the Audit.
17.2.10 ln the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties.
17.2.11 The Parties agree that if an Audit discloses error(s), the Party responsible
for the error(s) shall, in a timely manner, undertake corrective action for such error(s).
All errors not corrected within thirty (30) business Days shall be escalated to the Vice-
President level.
17.3 All information received or reviewed by the requesting Party or the independent auditor
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Section 17
Audit Process
in connection with the Audit is to be considered Proprietary lnformation as defined by this
Agreement. The non-requesting Party reserves the right to require any non-employee who is
involved directly or indirectly in any Audit or the resolution of its findings as described above to
execute a nondisclosure agreement satisfactory to the non-requesting Party. To the extent an
Audit involves access to information of other competitors, WSP and CenturyLink will aggregate
such competitors' data before release to the other Party, to insure the protection of the
proprietary nature of information of other competitors. To the extent a competitor is an affiliate
of the Party being audited (including itself and its subsidiaries), the Parties shall be allowed to
examine such Affiliates' disaggregated data, as required by reasonable needs of the Audit.
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Section 18
Construction Charges
SECTION 18.0 . CONSTRUCTION CHARGES
18.1 CenturyLink will conduct an individual financial assessment of any request which
requires construction of network capacity, facilities, or space for access. When CenturyLink
constructs to fulfill WSP's request, CenturyLink will bid this construction on a case-by-case
basis. CenturyLink will charge for the construction through non-recurring charges and a term
agreement for the remaining recurring charge, as described in the Construction Charges
Section of this Agreement. When the WSP orders the same or substantially similar service
available to CenturyLink End User Customers, nothing in this Section shall be interpreted to
authorize CenturyLink to charge WSP for special construction where such charges are not
provided for in a Tariff or where such charges would not be applied to a CenturyLink End User
Customer.
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Section 19
Network Standards
SECTION 19.0 - NETWORK STANDARDS
19.1 The Parties recognize that CenturyLink services and Network Elements have been
purchased and deployed, over time, to Telcordia and CenturyLink technical standards.
Specification of standards is built into the CenturyLink purchasing process, whereby vendors
incorporate such standards into the equipment CenturyLink purchases. CenturyLink
supplements generally held industry standards with CenturyLink Technical Publications.
19.2 The Parties recognize that equipment vendors may manufacture Telecommunications
equipment that does not fully incorporate and may differ from industry standards at varying
points in time (due to standards development processes and consensus) and either Party may
have such equipment in place within its network. Except where otherwise explicitly stated within
this Agreement, such equipment is acceptable to the Parties, provided said equipment does not
pose a security, service or safety hazard to persons or property.
19.4 lntentionally Left Blank.
19.5 CenturyLink has developed its own standards for some Network Elements. CenturyLink
Technical Publications have been developed to support CenturyLink service offerings, inform
End User Customers and suppliers, and promote engineering consistency and CenturyLink's
deployment of developing technologies. CenturyLink provides all of its Technical Publications at
no charge via CenturyLink's wholesale web site.
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Section 20
Signature Page
SECTION 20.0. SIGNATURE PAGE
lN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized representatives.
CSC Wireless, LLC dba Altice Mobile Qwest Corporation dba CenturyLink QC
re
Wavne Thomoson Kimberly J. Povirk
Name Printedffyped
VP Telecom and I et lt/omt
Title Title
OcfT )O19Oct 7 2079
Date Date
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Type 2 Wireless lnterconnection Agreement -Negotiated 5-14-19 87
K:r,irr/r,4 C
Name Printedffyped
Director Sales Suooort
Wireless Type 2 Exhibit A
ldaho
Seloct tho approprlato type of
contract b6low. For cost dockot
Select Traffic TvDe
EAS / Local Trafflc Roclprocal
Compensation Elec'tlon
Options Notes
6.0 't
5.1 Entrance
6.1.1 os1 sl 03_61 $208.34 A
6.1.2 s524.,$277.73 I A
6.2 EICT
6.2.1 $0.$0.00
6.2.2 S0.r s0.
6.3 Direct Trunked Transoort
6.3.1 ino Fixed & oer
i.3. t.1 0to $24.67 $0.29
6.3.1.2 Over I to 25 Miles $24.69 $0.23 A
6.3.1.3 Over 25 to 50 t\s24.86 $0.1 5
.3.1.4 s0_05$24.e
6.3.2 DSI (Recurrino Fixed & oer Mile)
.3.2.1 $37.35 sl .25 A
6.3.2.2 Over I to 25 Miles $37.35 $1 .82 A A
6.3.2.3 Over 25 to 50 Miles $37.35 $1.89
.3.2.4 $37.35 $1.90
6.3.3 DS3 (Recurrinq Fixed & Der Mile)
6.3.3.1 Over0toSMiles $257.1 I $19.48 A
.3.3.2 Over 8 to 25 es s260.49 $24.24 A
i.3.3.3 25 to $260.77 s26.43
6.3.3.4 Over 50 Miles $259.32 $26.35
6.4 nq
6.4.1 DSl to DSo $1 93.30 A A
6.4.2 OS3 to DS1 $304.22 $1 93.30 A
6_5
6.5.1 DSl lnterface
6.5.1.1 First Trunk $225.40
.5.1.2 $5.,
6.5.2 OS3 lnterface
6.5.2.1 First Trunk $235.7't
6.5.2.2 Each Additiona Trunk $11.7
6.s.3 2
6.5.3.'t 24 Direct Final to Alternate Final $74.61 1
.5.3.2 Tvoe 2 Routino s74.61
6.6 Ancillary Trunks
6.6.1 Oneway Out Only, Ancillarv Trunks, per Trunk
6.6.1.1 $20.69 $43.
.6.'1.2
4.6.1.2.1 Zone'l $11.50 $1 I 7.50
6.6.1.2.2 s17.51 $1 17.
6.6.1.2.3 $12.63 $1 17.50
6.7 lntentionally Left Blank
.8
6.9 Miscellaneous Charoes
6.9.1 Cancellation Charge CenturyLink QC's
ldaho Access
Service Catalog
6.9.2 Expedite Charge CenturyLink QC's
ldaho Access
Service Catalog
6.9.3 Additional Testing CenturyLink QC's
ldaho Access
Service Catalog
6.10
6.10.1 Lo€l & lntraLATA Toll Transit, per Minute of Use (excludes traffic terminating to a
CenturyLink affiliate operating as an incumbent Local Exchange Carrier)
$0.004s 2,6
6.'1o.2 Third Partv I lriginated Loca Use $0.0045 2,6&C
Qwest Corporation dba CenturyLink QC - ldaho 9-30-1 7
)ep
I
I
n6 Ch^nde ner
1
$263.861
I
Wireless Type 2 Exhibit A
ldaho
K€CUrrrng
Per Mile mr)
Jointlv6.11
.1 1.1 Access $0.0014877 B
6.12 lnterMTA Traffic CenturyLink QC's
FCC Switched
Access Tariff
6.12.1 5%
6.12-2 100/"
I
6.13 Percent Local Usaoe Factors
6.13.'t PLU 18.5v.
7.0 lntentionallv Left Blank
8.0
9.0
9.1
9.1.1 LNP Oueries See FCC Tariff #1
Section 13 & 20
See FCC Tariff #'l
Section '13 & 20
9.1.2 LNP Manaoed Cuts
t.1.2.1 $26.57'|..2-Z Overtime $34.389.'1.2.3 Premium Manaoed Cuts. oer Person. oer Half Hour s42.21 A
.2 ,|No Charge No Charoe
9.3
9.4 lntentionally Left Blank
't0.0
11.0 Access to ODerational SuoDort Svstems (OSSI
11.'l rancements. oer Order $5.
1',t.2 Onqoinq Ooerations. oer Order $1.40
12.0
2.1 lsolation
12.1.1 Maintenance of Seruice for non-Qwest Trouble, per Half Hour or fraction thereof
12.1.1.'l s28.
12.1.1 .2 Maintenance o $38.55
't2.1.1 .3 Maintenance of Service - Premium $48.25
12.1.2 Disoatch for non-Qwest Trouble $87.98
Blank
14.0 lntentionallv Left Blank
15.0 ntentionallv Left Blank
16.0 lBlank
17.0 lntentionallv Left Blank
19.0 Construction Charoes rcB lcB 3 3
ILOIEJ
Docket Order No.294081-1 rates 2004.
B Cost Docket -11 No.29408 rates effective 2004
c FCC Docket No. 01 -92 Eflecllve 12-29-'11 I
#ffi JSW-T-00-3, elleclive'12116102, Reductions reflected in the 10/16/02 Exhibit A.
I
1 Rates not addressed in mst docket (TELRIC-based costs where required.
2 Market-based rates.
lCB. lndividual Case Basis oricinq.
4 Rates oer FCC Guidelines
Rate Agreed upon in 271 workshops.
The provision of transiting seruies is not required pursuant to Section 251 of the Telecommunications Act. Qwest has chosen to offer this seruie as part of itsb
2Qwest Corporation dba CenturyLink QC - ldaho 9-30-1 7
7
I
5
I
Exhibit B
Service Performance I ndicators
EXHIBIT B
SERVICE PERFORMANCE INDICATORS
CenturyLink and [WSP] agree that CenturyLink will provide Type 2 lnterconnection
Trunks to [WSP] and other Wireless Service Providers, for use as Telecommunications
Services, in a non-discriminatory manner. CenturyLink will work with [WSP] on an
lndividual Case Basis (lCB) when [WSP] requires data from CenturyLink to develop
operation reporting.
WSP-T-2-Exhibit B May 24,2005 Pagel
EXHIBIT C
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WSPT2 - Exhibit C 9-24-08 Page I
EXHIBIT D
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v.2-01-2013
1
WSP- T-2-Exhibit D
EXHIBIT E
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WSPT2 - Exhibit E 9-24-08 Page 1
EXHIBIT F
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Type 2-Exhibit F September 15,2009 Page 1
EXHIBIT G
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WSPT2 - Exhibit G 9-24-08 Page 'l
EXHIBIT H
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WSPT2 - Exhibit H 9-24-08 Page 1
EXH!BlT !
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WSP Type 2-Exhibit I April29,2005 Page 1
EXHIBIT H
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WSPT2 - Exhibit H 9-24-08 Page 1