HomeMy WebLinkAbout20220801CenturyLink Interconnection Agreement with Simwood-FCC Compliant.pdfLUMEN"
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August L,2022
Via Email Submisaon
s e cre ta q,@1, u c. i d a h o. gov
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. ChindenBlvd., Bldg. 8, Ste.201-4
Boise,lD 83714
Case No.:
Application for Approval of Interconnection Agreement
Dear Ms. Noriyuki:
Attached for filing are an Application for Approval of lnterconnection Agreement along
with the Interconnection Agreement by and between CenturyTel of the Gem State, Inc. dba
CenturyLink, CenturyTel of Idaho, lnc. dba CenturyLink (collectively, "CenturyLink") and
Simwood [nc. for the State of Idaho. CenturyLink respectfully requests that this matter be
placed on the Commission Decision Meeting Agenda for expedited approval.
Please feel free to contact me with any questions regarding this submission. Thank you
for your assistance in this matter.
Sincerely,
*1
Re
t?tr"k#
Legal Assistant
Attachments
cc: Service List
1600 7t' Avenue, Floor 15
Seattle, Washington 981 91
206-806-7339
Josie.addington@lumen.com
William E. Hendricks, III (WSB A# 29786)
Lumen
902 Wasco Street
Hood River, OR 97031
541-387-9439
Tre. hendricks@lumen. com
Appr,tc,lrtoN or CBxrunvTEL oF'TIIE GEM
Surn, Ixc. pn.l CpxrunvLINK AND
CrxrunvTEl oF Ioauor lxc. onl
CnxrunvLINK FoR ArpRov,lr, oF THE
IxrBRcoxxEcrloN Acnrpvrpxr wITH Suvrwooo
Ixc. Fon THp St,lrn or Ioano Punsu.lxr ro 47
U.S.C. $2s2(n)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.:
Appltc.rrtoN FoR AppRovu, or
INruRconxECTroN AcRrr*rcxt
CenturyTel of the Gem State, Inc. dba CenturyLink and CenturyTel of Idaho, Inc. dba
CenturyLink (individually and collectively, "CenturyLink") hereby file this Application for
Approval of lnterconnection Agreement by and between CenturyLink and Simwood Inc for the
State of Idaho ("Agreement"). The Agreement with Simwood lnc. ("Simwood") is submitted
herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitation 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
reached 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.
AppLtcl,ttor,l n'oR Appnovel oF INTERCoNNECTIoN AGREEMENT- [Sttvtwooo INc.]
Page I
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 Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Agreement will enable
Simwood 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 furtherthe public interest.
Respectfully submitted this l't day of August,2022.
CENTTTRYLINK
William E. Hendricks, III
Attorney for CenturyLink
AppLIcATroN FoR AppRovAL oF INTERCoNNEcTToN AcnsBMENr - [Sn,twooD INC.]
Page2
CERTIFICATE OF SERVICE
I hereby certiff that on this I't day of August,2022,I served or caused to be served the
foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
upon all parties of record in this matter as follows:
JanNoriyuki, Secretary
Idaho Public Utilities Commission
Thomas Hadden, Chief of Operations
Simwood Inc.
Via Email:
secretary@Jruc. idaho. gov
Via Email:
Thomas. hadden@ simwood. com
A"*,' 4Aq4(
Josie {.ddii6on /
ApprrcarroN ron AppRover oF INTERCoNNECTToN AGREEMENT - [Sn,IwooD INC.]
Page 3
anu?lY
CenturyLink*
I nteraon nectlon Agiooment
By and Beturcen
CenturyTel of the Gom State, lnc. d/bfa CenturyLlnk
CenturyTel of ldahq lnc. dlbtra Centurylink
and
Slmwsod lne.
Forthe State of
ldaho
Deoemberl 6, 2021 /lddSimupod/lD
CT/EQ Consolidebd lcA T:omplate (v.o4-15.2021-1 )
ARTICLE I
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FRAUD
GENERAL TERMS AND CONDITIONS........23
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APPLICATION OF THESE GENERAL TERMS AND CONDITIONS ...................23
POSITION OF THE PARTIES....
REGULATORY APPROVALS ............
EFFECTIVE DATE, TERM AND TERMINATION
CLEC CERT|FtCATION .............
APPLICABLE LAW
CHANGES IN LAW
AMENDMENTS ..............
ASStGNMENT...............
CONFIDENTIAL INFORMATION........
CONSENT
CONTACTS BETWEEN THE PARTIES...............
GENERAL D!SPUTE RESOLUTION.................
ENTIRE AGREEMENT.................
FORCE MAJEURE..
HEADINGS.
INTELLECTUAL PROPERTY............
LAW ENFORCEMENT.......
LIABILITY AND INDEMNIFICATION
SUBCONTRACTORS
INSURANCE
THIRD.PARTY BENEFICIARIES........
USE OF SERVICE....
46
WITHDRAWAL OF SERVICES 46
SECURIW DEPOSIT
START.UP DOCUM ENTATION........
ARTTCLE ilr. IMPLEMENTATION........ ............47
Decem ber 1 6, 2021 lkjcl Simwood/! D
CT/EQ Consolidated I CA Tem plate (v.04. 1 5.2021 -1)2
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ARTICLE !V. OPERATIONAL TERMS. ............51
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STANDARD PRACTICES
ESCALATION PROCEDURES ............
CONTACTWITH END USERS
CAPACITY PLANNING AND FORECASTS
BONA F|DE REQUEST (BFR)..
ORDERING AND PROVISIONING
UNIVERSAL SERVICE FUND
BILLING AND PAYMENTS/DISPUTED AMOUNTS ............
AUD|TS......
CENTURYLINK OSS INFORMATION..............
PROVISION OF USAGE DATA.........
CENTURYLINK ACCESS TO INFORMAflON RELATED TO CLEC CUSTOMERS..............
NETWORK MANAGEMENT...............
UAINTENANCE AND REPAIR......
INTRODUCTION
USE OF UNES....
NETWORK INTERFAGE DEVICE
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ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC ...............77
SERVICES COVERED. ......,...77
NETWORK TNTERCONNECTTON i|ETHODS. .............77
SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS....... ......83
INTERCARRIER COMPENSATION ..........89
TRANSTT TRAFFIC.... ............95
ARTICLEVI. UNBUNDLEDNETWORKELEiiENTS.................97
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LOOP MAKE.UP INFORi'ATION .............
LOCAL CIRCUIT SWITCHING ................111
DEDTCATED TRANSPORT .....................1r1
DARK FTBERTRANSPORT ....................112
UNE COMBTNATIONS .........114
INTENTIONALLY LEFT BLANK .............I19
ROUTINE NETWORK MODI FICATIONS TO CENTURYLINK'S EXISTING NETWORK...... I I 9
ARTICLE VII. INTENTIONALLY LEFT BLANK.......121
INTENTIONALLY LEFT BLANK....... ......121
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ARTICLE VIII. ADDITIONAL SERVICES .........122
NUMBER PORTA8L|TY................. .........122
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS.OF.WAY. ................125
BASTC 911 AND E91,r SERV|CE.....126
88. SCOPE OF COLLOCATTON TERMS ......136
89. TERMTNATTON OF COLLOCATION SPACE ..............13690. coLLocATtoN oPTtoNS................. .....1379r. DEMARCATTON POINT. ......141
92. APPLTCATTON PROCESS .......................141
93. SPACE RESERVATION............ ..............14
94. pROVtStONtNG INTERVALS............... .......................144
95. CONSTRUCTION AND COMMENCEMENT OF BILLING .....,..,.....14
96. EQUIPMENT .....{46
97. AUGMENTS AND ADDrT!ONS........... .....147
98. USE OF COMMON AREAS .....................148
99. CO€ARRIER CROSS CONNECT1ON................. .......{49
r00. RATES....... .......149
101. CENTURYLTNK SERVTCES AND OBLIGAT|ONS.............. ............151
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BUILDING RIGHTS
!NDEMNIFICATION
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ARTTCLE X. PRICING ...............167
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GENERAL PRICING TERMS.......
APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
APPLICATION OF NON RECURRING CHARGES
INTENTIONALLY LEFT BLANK
tNDtvIDUAL CASE BASIS PRICING (lCB)
ARTICLE Xt. MTSCELLANEOUS ...................169
116. AUTHORIZATION AND AUTHORITY .....169
117. COUNTERPARTS......... .......169
SIGNATURE PAGE......... .....................170
TABLE 1. RATES
TABLE 2. COLLOCATION
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TO BE DETERMTNED (TBD) PRICES
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This lnterconnection Agreement is entered into by and CenturyTel of the Gem State, lnc. d/b/a
CenturyLink, CenturyTel of ldaho, lnc. d/b/a CenturyLink (CenturyLink), and Simwood lnc.,
(CLEC) in their capacity as certified providers of local wireline Telecommunications Service.
CenturyLink and CLEC are herein refened to collectively as the "Parties" and each individually as
a "Party' provided however, that even though this Agreement refers to the lncumbent Local
Exchange Caniers (lLECs) doing business as "CenturyLink" by a single name, the terms and
provisions of this Agreement shall apply separately and independently with respect to each of
such separate, legal, entities, not as a collective group, and the exercise, assertion, application,
waiver or enforcement of each and any of the terms, obligations, duties, liabilities, rights,
privileges or other interests embodied in this Agreement by or against any of such ILECs shall
pertain, in each instance, only with respect to a single, individual ILEC, and shall not be deemed
to apply in an aggregate fashion to any of the other !LECs who are signatory parties to this
Agreement, unless mutually agreed upon in a separate written instrument executed by each
affected entity. This Agreement covers services in the State of ldaho (State) and only in areas
which both Parties are certificated.
WHEREAS, the Parties wish to lnterconnect their local exchange networks for the purposes of
transmission and termination of LocalTraffic (as hereinafter defined), so that customers of each
Party can receive calls that originate on the other Party's netwok and place calls that terminate
on the other Pafi's network; and
WHEREAS, the Parties desire to exchange such traffic in a technically and economically efficient
manner at defined and mutually agreed upon lnterconnection points; and
WHEREAS, the Parties wish to set forth terms for the purchase of Unbundled Network Elements,
Additional Services and for Collocation arrangements for the provision of Telecommunications
Services; and
NOW, THEREFORE, in consideration of the mutua! provisions contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
without waiving any reservation of rights set forth herein, GenturyLink and CLEC hereby covenant
and agree as follows:
December 1 6, 2021 /kjdsimwood/lD
CT/EQ Consolidated I CA Tem plate (v.04. 1 5.2021 -1)5
1
ARTICLE I. DEFINITIONS
GENERAL RULES
1.1 Unless the context clearly indicates otherwise, the definitions set forth in this
Article of this Agreement shall apply to the entire Agreement and all
attachments incorporated by reference herein into this Agreement.
1.2 Additional definitions that are specific to the matters covered in a particular
Article, attachment or provision may appear in that Article, attachment or
provision. To the extent that there is any difference between a term which is
defined in more than one place within this Agreement, including any
attachments, a definition set forth in a specific Article, attachment or provision
shall controlwith respect to that Article, attachment or provision.
1.3 A defined term intended to convey the meaning stated in this Agreement is
capitalized when used. Capitalized terms that are not otherwise defined in this
Agreement, including any attachments, but are defined in the
Telecommunications Act of 1996 (Act) and/or the orders and rules
implementing the Act shall have the meaning set forth in the Act or in such
orders and rules.
1.4 Terms used in a Tariff shall have the meanings stated in the Tariff.
1.5 Unless the context clearly indicates otherwise, any term defined in this
Agreement which is defined or used in the singular shall include the plural, and
any term defined in this Agreement which is defined or used in the plural shall
include the singular.
1.6 The words "shall" and "wi!!" are used interchangeably throughout the
Agreement and the use of either indicates a mandatory requirement. The use
of one or the other shall not confer a different degree of right or obligation for
either Party.
DEFINITIONS
911 Service or 91'1: Basic 911 Service provides a caller access to the appropriate PSAP
by dialing a 3-digit universal telephone number (911). As used in this Agreement,
references to 911 Service shall include E911 as defined herein, as appropriate.
91'1 Service Provider: A 911 Service Provider furnishes systems and support necessary
to enable 9-1-1 calling for one or more PSAPs in a specific geographic area.
911 Trunk: A trunk capable of transmitting a 9-1-1 dialed callto the Selective Router, and
used for the single purpose of transmission of 9-1-1 calls in accordance with applicable
NENA Standards.
Access Service Request (ASR): The Ordering and Billing Forum document designated
by CenturyLink to be used by the Parties to add, establish, change or disconnect services
or trunks for the purpose of providing Specia! Access, Switched Access Services, and
!nterconnection.
Access Services: Interstate and intrastate Switched Access Services and SpecialAccess
Services, as appropriate.
Act or the Act: The Communications Act of 1934, as amended by the Telecommunications
Act of 1996, and as amended from time to time and codified at 47 U.S.C. SS151 , et seq.
2
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CT/EQ Consolid ated I CA Templ ate (v.0 4. 1 5.2021 -1 )6
{1flt: Access Customer Terminal Location as defined by Telcordia now iconectiv.
Advanced Services: Means intrastate or interstate wireline Telecommunications Services
(including, but not limited to, ADSL, IDSL, xDSL, Frame Relay and Cell Relay) that rely on
packetized, Packet Switched or other technology that enable users to originate and
receive high-quality voice, data, graphics and/or video Telecommunications using any
technology.
Affilblg: Shall have the meaning set forth in 47 U.S.C. 5153.
ALI Database: A database used in providing 911 Service which stores information
associated with End User customers'telephone numbers or Shell Records.
Applicable Law: Shall mean all effective laws, statutes, common !aw, governmenta!
regulations, ordinances, codes, rules, guidelines, orders, permits and approvals of any
governmental authority (including, without limitation, the Commission and the FCC) that
relate to the respective rights and obligations of each Party as of the Effective Date or as
subsequently revised.
Automated Messaqe Accountino (AMA): The structure inherent in switch technology that
initially records telecommunication message information. AMA format is contained in the
Automated Message Accounting document, published by Telcordia Technologies now
iconectiv as GR-11OO-CORE, which defines the industry standard for message recording.
Automatic Location ldentification (ALl): A record that includes the subscriber's telephone
number (identified by ANI), street address, Emergency Service Number and other
predetermined information associated with the E911 caller's telephone number, which can
be forwarded to the PSAP for display. Additional telephones with the same number as
the calling party's (secondary Iocations, off-premise extensions, etc.); will be identified with
the service address of the calling party's listed number.
Automatic Number ldentification (ANl): A telephone number associated with the access
line from which a 911 cal! originates, used for selective routing and for display at a Public
Safety Answering Point (PSAP) to identiff the telephone number of the caller. lt is the key
field in the AL! Database. Any reference to AN! in this Agreement shall be deemed to be
inclusive of pANl, as appropriate.
E!!LDe!e,: The date when a CenturyLink service is billed and/or invoiced to a customer.
The Bill Date is generally the date one (1) Day past the billing cycle close date and will
appear on any such bill or invoice.
Bil! Due Date: The date that payment for a billor invoice is due. The Bill Due Date shall
be the date thirty (30) Days from the Bil! Date.
Bona Fide Reouest (BFR): The process CLEC must use (1) to submit a request to obtain
lnterconnection or access to a Network Element to which CenturyLink is required to
provide access on an unbundled basis under Applicable Law, but which lnterconnection
or Network Element is new, undefined or not othenuise available under the terms of this
Agreement; (2) when facilities and equipment are not Currently Available; (3) when CLEC
requests that CenturyLink provide !nterconnection or a Network Element on an unbundled
basis that is superior or inferior in quality than those that CenturyLink provides to itself;
and (4) to request certain other services, features, capabilities or functionality defined and
agreed upon by the Parties as services to be ordered via the BFR process on an individua!
case basis (lCB).
Business Dav: Monday through Friday, except for company holidays on which
CenturyLink is officially closed for business.
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CT/EQ Consolidated I CA Template (v.04. 1 5.2021 -1 |7
CCXC is an acronym for "Co-carrier cross-connects" which are connections between
CLEC and another collocated Telecommunications Carrier other than CenturyLink within
the same CenturyLink Premises. A CCXC may also be used for purposes of providing
other types of intraoffice cabling connections under circumstances which are delineated
by specific reference to a CCXC within this Agreement.
Central Office (CO): A telephone company Building where customer lines are joined to a
switch or switches for connection to the Public Switched Telephone Network (PSTN).
Central Office Buildinq or Buildino: Structure (not including a controlled environment vault
(CEV)) housing CenturyLink network equipment that is under the control of CenturyLink
and for which GenturyLink has the right to grant access and/or occupation by third parties.
Centra! Office Switch: A switch used to provide Telecommunications Services including
(1) End Office Switches which are Class 5 switches from which End User Telephone
Exchange Services are connected and offered, directly or through subtending Remote
Switches, and (2) Tandem Office Switches which are Class 4 switches used to connect
and switch trunk circuits between and among Central Office Switches. Central Office
Switches may be employed as combination End Office/Tandem Office Switches
(combination Class S/Class 4).
Certificate of Operatino Authoritv: A certification by the State Commission that CLEC has
been authorized to operate within the State as a provider of local Telephone Exchange
Services within CenturyLink's localservice area; in many states, this certification is known
as a Certificate of Public Convenience and Necessity.
CIC: An acronym for Carrier ldentification Code.
Q\SS,: An acronym for Custom LocalArea Signaling Services. CLASS is based on the
availability of Common Channel Signaling (CCS). CLASS consists of number-translation
services such as call-forwarding and caller identiflcation, available within a local exchange.
CLASS is a service mark of Bellcore, now Telcordia now iconectiv.
Q!s: The Party to this Agreement identified as such and which is a Competitive Loca!
Exchange Carrier as defined in 47 U.S.C. $153, authorized to provide Telephone
Exchange Services or Exchange Access Services in competition with an ILEC.
CLEC Profile: A CenturyLinkform required to be completed and submitted to CenturyLink
by any Telecommunications Carrier requesting to interconnect or exchange traffic with
CenturyLink's network, requesting unbundled access to CenturyLink's Network EIements,
or the ability to initiate any order submission to CenturyLink. Among other things, a
Telecommunication Carrier is required to provide CenturyLink, on the CLEC Profile, the
following: its Operating Company Number (OCN), Company Code (CC), and Access
Carrier Name Abbreviation (ACNA).
CLLI Codes: Common Language Location ldentifier Codes.
Collocation: An arrangement whereby a requesting Telecommunications Carrier may
locate equipment necessary for the purposes of interconnecting with CenturyLink's
network or for accessing CenturyLink's Unbundled Network Elements pursuant to the
!nterconnection obligations under the Act as codified in 47 C.F.R. $51.
Comminqle: The act of Commingling.
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CT/EQ Consolidated I CA Tem plate (v.O4. 1 5.2021 -1 )8
Comminolino: The connecting, attaching, or otherwise linking of an unbundled Network
Element, or a combination of unbundled Network Elements, to one or more facilities or
services that CLEC has obtained at wholesale from CenturyLink or the combining of an
unbundled Network Element, or a combination of unbundled Network Elements with one
or more such facilities or services.
Commission: The State Public Service or Public Utility Commission, as applicable.
Common Channel Siqnalino (CCS): A high-speed, specialized, packet-switched
communications network that is separate (out-of-band) from the public packet-switched
and message networks. CCS carries addressed signaling messages for individualtrunk
circuits and/or database-related services between Signaling Points in the CCS network
using SS7 signaling protocol.
Common Transport: An interoffice transmission path between End Office Switches,
between End Office Switches and Tandem Switches and between Tandem Switches in
CenturyLink's network. Common Transport paths/Common Tandem Trunks are shared
between multiple customers and are required to be switched at the Tandem Switch.
Companv ldentifler or Companv lD: A three (3) to five (5) character identifier that
distinguishes the entity providing voice service (e.9. wireline, wireless, VolP, etc.) to the
End User. The Company ldentifier registry is maintained by NENA in a nationally
accessible database.
Copper Loop: A stand-alone Local Loop comprised entirely of copper wire or copper
cable. Copper Loops include digita! Copper Loops (e.9., DSOs and lntegrated Services
Digital Network lines), as well as two-wire and four-wire Copper Loops conditioned to
transmit the digital signals needed to provide digital subscriber line services, regardless
of whether the Copper Loops are in service or held as spares. A Copper Loop includes
attached electronics using Time Division Multiplexing CfDM) technology, but does not
include packet, cell or frame switching capabilities.
Currentlv Available: Existing as part of CenturyLink's network at the time of a requested
order or service. Currently Available does not include any service, Network Element,
facility, feature, function or capability that CenturyLink either does not provide to itself or
to its own End Users, does not have the capability to provide, or is not required to provide
on an unbundled basis under Applicable Law.
Customer Proorietarv Network lnformation (CPNI): Shall have the meaning set forth in
47 U.S.C. $222 and shall also include any additional information specified pursuant to
State law.
Customer Service Record (CSR): A record detailing the services to which an End User
subscribes from its Telecommunications provider(s).
Customer Service Record Search: A process requested by a Party that typically searches
for basic account information, listing/directory information, service and equipment listing,
and billing information for a customer. The requesting Party must have obtained proper
authorization from the End User prior to requesting a Customer Service Record Search.
A Customer Service Record Search will be obtained by means of a LSR where such
request is permitted by the provisions of this Agreement.
Dark Fiber: Fiber within an existing fiber optic cable that has not been activated through
optronics to render it capable of carrying a Telecommunications Service.
December 1 6, 2021 /kjdsimwood/lD
CT/EQ Consolidated I CA Tem pl ate (v.Oa I 5.2021 -1 )o
Dark Fiber Transport: CenturyLink's unactivated optical interoffice transmission facilities,
that are within CenturyLink's network and connect CenturyLink switches or Wire Centers
within the same LATA and State. Dark Fiber Transport does not include transmission
facilities between the CenturyLink network and CLEC's network or the location of CLEC's
equipment.
Database Manaoement Svstem (DBMS): A system of manua! procedures and computer
programs used to create, store and update the data required to provide Selective Routing
and/or Automatic Location ldentification for 911 systems.
Pg: A calendar day unless otherwise specified.
Dedicated Transport: UNE transmission path between one of CenturyLink's Wire Centers
or switches and another of CenturyLink's Wire Centers or switches within the same LATA
and State that are dedicated to a particular customer or carrier.
pg.1fau!!: A Party's violation of any material term or condition of the Agreement, or refusal
or failure in any material respect to properly perform its obligations under this Agreement,
including the failure to make any undisputed payment when due. A Party shall also be
deemed in Default upon such Party's insolvency or the initiation of bankruptcy or
receivership proceedings by or against the Party or the failure to obtain or maintain any
certification(s) or authorization(s) from the Commission which are necessary or
appropriate for a Party to exchange traffic or order any service, facility or arrangement
under this Agreement, or notice from the Party that it has ceased doing business in this
State or receipt of publicly available information that signifies the Party is no longer doing
business in this State.
Demarcation Point: The Demarcation Point shall have the meaning set forth in 47 C.F.R.
s68.105.
Dioital Subscriber Line Access Multiplexer (DSLAM): Equipment that links End User xDSL
connections to a single packet switch, typically ATM or lP.
Direct Trunked Transport (DTI: A DSI or DS3 interoffice facility that connects the
CenturyLink Serving Wire Center of the CLEC's Loca! lnterconnection Entrance Facility or
Collocation to the terminating CenturyLink Tandem or End Office used exclusively for the
transmission and routing of Telephone Exchange Service and Exchange Access.
Disputed Amounts: An amount or any portion of bill or invoice sent to a Party that the
billed Party contends, in good faith, is not due and payable. For an amount to qualify as
a Disputed Amount, the billed Party must provide written notice to the billing Party of the
nature and amount of the disputed charge(s) using the process and time period
established by the billing Party.
l: A service having an absolute digital signal speed of 1.544 Mbps.
@3: A service having an absolute digital signal speed of 44.736 Mbps.
@!: A pipe, tube or conduit through which cables or wires are passed.
Dvnamic 91 1: The provision of E91 1 service utilizing a ca!! processing arrangement with
pseudo ANls for non call-path associated signaling and routing commonly associated with
the delivery of mobile, nomadic or out-of-region calls.
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E911 Customer or PSAP Ooerator: A municipality or other state or loca! governmental
unit, or an authorized agent of one or more municipalities or other state or local
government units to whom authority has been laMully delegated to respond to public
emergency telephone calls, at a minimum, for emergency police and fire service through
the use of one telephone number, 91 1.
E911 or Enhanced 911 Service or E911 Service: A telephone system which includes
network switching, database and PSAP premise elements capable of providing ALI data,
selective routing, selective transfer, fixed transfer, and a call back number.
EAS (Extended Area Service): For purposes of this Agreement, EAS will be interpreted
generically as commonly used within the Telecommunications industry to mean any
expanded or extended Local Calling Area that is set forth in a Party's Tariff, regardless of
service name, that meets Commission specifications for the provision of local calling to a
wider area beyond the exchange with reduced (or without) long distance or toll charges.
It can be a flat rate, message or measured and can also be zoned. An EAS calling plan
that is required or mandated by the FCC orthe Commission is referred to as a "mandatory"
EAS irrespective of whether or not mandatory EAS area is only available to End Users
who affirmatively elect or opt to take advantage of such wider Local Calling Area and
irrespective of whether such End Users must pay an additional charge in order to have
the benefit of such mandatory EAS area. Optional EAS is an EAS calling plan that is not
required or mandated by the FCC or a Commission but is voluntarily offered by a Party.
Effective Date: The date of Commission approval of this Agreement.
Electronic lnterface: Direct access to Operations Support Systems consisting of
preordering, ordering, provisioning, maintenance and repair and billing functions.
Emerqencv Services: Law enforcement, fire, ambulance, rescue, and medical services.
Emerqencv Service Number (ESN): A three to five digit number that represents a unique
combination of Emergency Services in one or more ESZs.
Emeroencv Services Querv Kev (ESQK): The ESQK identifles a cal! instance at a voice
positioning center (VPC), and is associated with a particular SR/ESN combination per
NENA standards. The ESQK is expected to be a ten-digit North American Numbering
Plan number.
Emeroencv Service Zone (ESZ): A geographical area that represents a unique
combination of Emergency Services that are within a PSAP's jurisdiction.
End Office: The telephone company office from which the End User receives exchange
service.
End Office Switch: A switching machine that terminates traffic to and receives traffic from
End Users purchasing local Telephone Exchange Service. A PBX is not considered an
End Office Switch.
End User: Any third party retail customer that subscribes to a service provided by (i) a
Party to this Agreement; or (ii) a wholesale customer of a Party, where the service
provided by such Party's wholesale customer is derived from a Telecommunications
Service provided to such Party by the other Party. Unless otherwise specified, a reference
to a Party's End Users shall be deemed to refer to either (i) or (ii) above. As used herein,
End User does not include any lnterexchange Carrier (lXC), Competitive Access Provider
(CAP) or Commercial Mobile Radio Service (CMRS) provider (also known as a Wireless
Carrier) or their retail customers nor does it include any of the Parties to this Agreement
with respect to any item or service obtained under this Agreement.
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Enhanced Extended Link (EEL): The combination of Unbundled Network Elements in the
CenturyLink Network consisting of a UNE Local Loop(s) and UNE Dedicated Transport,
together with any facilities, equipment, or functions necessary to combine those UNEs
(including, for example, multiplexing capabilities and the NlD.
Enhanced Service Provider (ESP): A provider of enhanced services as those services
are defined in 47 C.F.R. 564.702. An lnternet Service Provider (lSP) is an Enhanced
Service Provider.
Exchanqe Access: The offering of access to Telephone Exchange Services or facilities
for the purpose of the origination or termination of Telephone Toll Services.
Exchanoe Messaoe lnterface (EMl): The standard used for the exchange of
Telecommunications message information among Telecommunications Carriers for
billable, non-billable, sample, settlement, and study data. An Exchange Message
lnterface (EMl) was formerly known as an Exchange Message Record (EMR).
@: The Federa! Communications Commission.
Federal Universal Service Charoe (FUSC): An End User charge that allows a
Telecommunications Carrier to recover certain costs of its universal service contributions
from its customers.
Federal Universa! Service Fund (FUSH: A fund administered by the Universal Service
Administrative Company (USAC) into which Telecommunications Carriers pay their FUSF
contributions.
Fiber-tothe-curb Loop (FTTC Loop): A Local Loop consisting of fiber optic cable
connecting to a copper distribution plant that is not more than five-hundred (500) feet from
the customer's Premises or, in the case of predominantly residential multiple dwelling units
(MDUs), not more than five-hundred (500) feet from the MDU's minimum point of entry
(MPOE). The fiber optic cable in a fiber-to-the curb Local Loop must connect to a copper
distribution plant at a serving area interface from which every other copper distribution
subloop also is not more than five-hundred (500) feet from the respective customer's
Premises.
Fiber-to-the-home Loop (FTTH Loop): A Local Loop consisting entirely of fiber optic cable,
whether dark or lit, and serving an End User's Premises or, in the case of predominantly
residential MDUs, a fiber optic cable, whether dark or lit, that extends to the multiunit
Premises'MPOE.
Grandfathered Service: A service which is no longer available for new End Users and is
limited to the current End Users at their current locations with certain provisioning
limitations, including but not limited to upgrade denials, feature adds/changes and
responsible/billing party.
Hvbrid Loop: A Local Loop composed of both fiber optic cable, usually in the feeder plant,
and copper wire or cable, usually in the distribution plant.
!ncumbent Local Exchanoe Carrier (ILEC): Shall have the meaning set forth in 47 U.S.C.
s251(h).
lndirect Network Connection: A method of lnterconnection for the exchange of Local
Traffic, IntraLATA LEC Toll Traffic and Vo|P-PSTN Traffic between two
Telecommunications Carriers where the networks of such Telecommunications Carriers
are not directly connected.
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lnformation Service: 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 Service Provider: A provider of lnformation Service. lnformation Service
Provider includes, but is not limited to, lnternet Service Providers (lSPs).
lnformation Service Traffic: Traffic delivered to or from an lnformation Service Provider
for the provision of lnformation Service. ISP-Bound Traffic is a subset of lnformation
Service Traffic.
lnside Wire or lnside Wirino: Wiring within the customer Premises that extends to the
Demarcation Point of CenturyLink's outside plant. lnside Wire is owned or controlled by
the End User (unless otherwise specified herein or under Applicable Law).
lntellectual Propertv: Means (a) inventions (whether patentable or unpatentable and
whether or not reduced to practice), all improvements thereto, patents, patent applications
and patent disclosures, and all re-issuances, continuations, revisions, extensions and re-
examinations thereof, (b) trademarks, service marks, trade dress, logos, trade names,
domain names and corporate names, and translations, adaptations, derivations and
combinations thereof and goodwill associated therewith, and all applications, registrations
and renewals in connection therewith, (c) copyrightable works, copyrights and
applications, registrations and renewals relating thereto, (d) mask works and applications,
registrations and renewals relating thereto, (e) trade secrets and confidential business
information (including ideas, research and development, know-how, formulae,
compositions, manufacturing and production processes and techniques, technica! data,
designs, drawings, specifications, customer and supplier lists, pricing and cost
information, and business and marketing plans and proposals), (f) computer software
(including data and related documentation), (g) other proprietary rights, and (h) copies and
tangible embodiments thereof (in whatever form or medium).
lntellectual Propertv Claim: Any actual or threatened claim, action or proceeding relating
to lntellectual Property.
lnterconnection: refers to the connection between networks for the purpose of
transmission and routing of Telephone Exchange Service traffic and Exchange Access
traffic as contemplated in the 252(c)(2) of the Act, in accordance with the terms and
conditions of this Agreement. This term does not include the transport and termination of
traffic.
lnterconnection Facilitv: The physical connection of separate pieces of equipment and
transmission facilities within, between and among networks, for the transmission and
routing of Telephone Exchange Service and Exchange Access, subject to the trunking
requirements and other terms and provisions of this Agreement.
lnterexchanqe Carrier (lXC): A carrier that provides, directly or indirectly, lnterLATA or
lntraLATA Telephone Toll Service.
lnterexchanoe Service: Telecommunications Service between stations in different
exchange areas.
lnterLATA TollTraffic: Telecommunications traffic between a point located in a LATA and
a point located outside such LATA.
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lnternet Service Provider (lSP): An Enhanced Service Provider that provides lnternet
services and is defined in paragraph 341 of the FCC's First Report and Order in CC Docket
No.97-158.
lntraLATA To!! Traffic: Telecommunications traffic between two locations within one LATA
where one of the locations lies outside of the originating or terminating CenturyLink Loca!
Calling Area as defined in CenturyLink's local exchange Tariff on file with the Commission.
lntraLATA LEC Toll Traffic: means lntraLATA Toll traffic originated by the End Users of
a Party acting in its capacity as a Local Exchange Carrier and not in its capacity as, or on
behalf of, an lXC.
lnteqrated Services Dioital Network (ISDN) User Part (ISUP): A part of the SS7 protocol
that defines cal! setup messages and calltakedown messages.
ISP-Bound Traffic: For purposes of this Agreement, traffic that is transmitted to an lnternet
Service Provider (lSP) who is physically located in an exchange within the same LCA of
the originating End User, consistent with the ISP Remand Order (FCC 01-131), 16 FCC
Rcd. 9'151 (2001). lSP-Bound Traffic does not include any VNXX Traffic.
Jointlv Provided Switched Access Service Traffic: Traffic where both CenturyLink's
network and CLEC's network are used to originate Switched Access Service traffic by an
End User to be delivered to an lnterexchange Carrier (lXC) for call completion, or where
both CenturyLink's network and CLEC's network are used to terminate Switched Access
Service traffic delivered by an IXC to an End User.
LocalAccess and Transport Area (LATA): Shall have the meaning set forth in 47 U.S.C.
s153.
Local Callinq Area (LCA): The CenturyLink localexchange area, or mandatory Extended
Area Service (EAS) exchanges, as required by the Commission or as defined in
CenturyLink's local exchange Tariffs.
Local Exchanoe Carrier (LEC): Shall have the meaning set forth in 47 U.S.C. 5153.
Local Exchanoe Routinq Guide (LERG): The Telcordia Technologies now iconectiv
reference customarily used to identify NPA-NXX routing and homing information, as well
as equipment designation.
Local lnterconnection Trunk or Local lnterconnection Trunk Grouo: One-way or two-way
trunks or trunk groups used to exchange LocalTraffic between a switch of one Party and
a switch of the other Party.
Local lnterconnection Entrance Facilitv: A DS1 or DS3 facility dedicated exclusively to
use as lnterconnection and ordered as lnterconnection Facilities that extends from CLEC's
Switch location or other CLEC Premises to the CenturyLink Serving Wire Center for that
CLEC Switch or Premises. A Local lnterconnection Entrance Facility may not extend
beyond the area served by the CenturyLink Serving Wire Center.
Local Loop: A transmission facility between a Main Distribution Frame or its equivalent,
in a CenturyLink Central Office or Wire Center, including Remote offices, and up to the
Demarcation Point at a customer's Premises, to which CLEC is granted exclusive use as
an Unbundled Network Element. This includes allelectronics, optronics and intermediate
devices (including repeaters and load coils) used to establish the transmission path to the
customer Premises. Local Loops include Copper Loops, Hybrid Loops, DSI loops, DS3
loops, and FTTC Loops.
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Local Service Reouest (LSR): The Ordering and Billing Forum document designated by
CenturyLink to be used by the Parties to establish, add, change or disconnect local
Telecommunications Services and Unbundled Network Elements for the purpose of
providing competitive local Telecommunications Services. Sometimes referred to as a
Service Order.
Local Traffic: Traffic, including Vo|P-PSTN Traffic, that is originated by an End User of
one Party who is physically located in a CenturyLink Local Calling Area on that Party's
network and terminated to an End User of the other Party who is physically located in the
same Local Calling Area on that Party's network. Pursuant to the FCC's clarifying orders,
Local Traffic includes lnformation Service Traffic only to the extent that the End User and
the lnformation Service Provider are physically located in the same CenturyLink Local
Calling Area. Local Traffic for purposes of intercarrier compensation does not include:
(a) any traffic that does not originate and terminate within the same CenturyLink Local
Calling Area (b) Toll Traffic, including, but not limited to, calls originated on a 1+
presubscription basis, or on a casual dialed (1OXrcU101XXXX) basis; (c) flat-rated toll
plans voluntarily offered by a Party, sometimes referred to as'optional" EAS; (d) Special
Access, private line, Frame Relay, ATM, or any other traffic that is not switched by the
terminating Party; (e) Transit Traffic; (0 VNXX traffic; or, (g) TollVolP-PSTN.
Local Vo!P-PSTN Traffic is Vo!P-PSTN traffic that physically originates and terminates
within the CenturyLink Local Calling Area and is considered LocalTraffic as such term is
used in this Agreement.
Loop Qualification: An OSS function that includes supplying Local Loop Qualification
information to CLEC as part of the Pre-ordering Process. Examples of the type of
information provided are:
Composition of the Ioop material, i.e. fiber optics, copper;
Existence, location and type of any electronic or other equipment on the Local
Loop, including but not limited to:
a. Digital Loop Carrier (DLC) or other Remote concentration devices;
b. Feeder/distribution interfaces;
c. Bridge taps;
d. Load coils;
e. Pair gain devices; or
f. Distributers in the same or adjacent binders.
Loop length which is an indication of the approximate loop length, based on a 26-
gauge equivalent and is calculated on the basis of Distribution Area distance from
the centralofiice;
Wire gauge or gauges; and
Electrica! parameters.
Main Distribution Frame (MDfl: A distribution frame or equivalent at the Centra! Office
where ports inside such Central Office connect to an outside transmission facility.
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Mass Callino Trunks: Trunks designed to handle high call volumes for a wide range of
applications, with or without caller interaction with lnteractive Voice Response or touch-
tone navigation. Mass Calling Trunks typically are associated with television or radio and
allow customers to use their telephone to express an opinion, such as voting on interactive
television shows, public opinion polling, surveys, information and contests using a virtual
callcenter.
Master Street Address Guide (MSAG): A database of street names and house number
ranges within their associated communities defining ESZs and their associated ESNs to
enable proper routing of 911 calls.
Meet Point: A point, designated by the Parties, at which one Party's responsibility for
service begins and the other Party's responsibility ends.
Mid-Span Fiber Meet: An lnterconnection architecture whereby two carriers' fiber
transmission facilities meet at a mutually agreed upon point for the mutual exchange of
traffic, subject to the trunking requirements and other terms and provisions of this
Agreement. The 'point" of lnterconnection for purposes of 47 U.S.C $9251(c)(2) and
251(c)(3) remains on CenturyLink's network and is limited to the lnterconnection of
facilities between the CenturyLink Serving Wire Center and the location of the CLEC
switch or other equipment located within the area served by the CenturyLink Serving Wire
Center.
Minutes of Use: Shall be abbreviated as MOU.
Multiple Exchanoe Carrier Access Billino (MECAB): 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 currently effective version of the MECAB document, published by
ATIS (0401004-00XX), contains the recommended guidelines for the billing of an Access
Service provided by two or more LECs, or by one LEC in two or more states within a single
LATA.
Multiple Exchanoe Carriers Orderinq and Desiqn Guidelines forAccess Services - lndustrv
Support lnterface (MECOD): A document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions
under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for
Telecommunications lndustry Solutions (ATIS). The currently effective version of the
MECOD document, published by ATIS (0404120-O0XX), establishes methods for
processing orders for Access Service that is to be provided by two or more LECs.
Nationa! Emeroencv Number Association (NENA): A not-for-profit corporation established
in 1982 to further the goal of "One Nation-One Numbe/' for emergency calls. NENA is a
networking source and promotes research, planning, and training. NENA strives to
educate, set standards and provide certification programs, legislative representation and
technical assistance for implementing and managing 911 systems.
Network Element: Shall have the meaning set forth in 47 U.S.C. 5153.
Network lnterface Device (NlD): A stand-alone Network Element defined as any means
of interconnecting lnside Wiring to CenturyLink's distribution plant, such as a cross-
connect device used for that purpose. This includes all features, functions, and
capabilities of the facilities used to connect the Local Loop to End User lnside Wiring,
regardless of the specific mechanical design.
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North American Numberino Plan (NANP): The system of telephone numbering employed
in the United States, Canada, and Caribbean countries for the allocation of unique 10-digit
directory numbers consisting of a three-digit area code, a three-digit office code, and a
four-digit line number. The plan also extends to format variations, prefixes, and special
code applications. NANP also sets rules for ca!!s to be routed across these countries.
Numberinq Plan Area (NPA): Also sometimes referred to as an "area code," an NPA is
the three-digit indicator, which is defined by the "A', "8", and "C' digits of each 10-digit
telephone numberwithin the NANP. Each NPA contains 800 possible M(X Codes. There
are two general categories of NPA: "Geographic NPAs" and "Non-Geographic NPAs." A
Geographic NPA is associated with a defined geographic area, and alltelephone numbers
bearing such NPA are associated with services provided within that geographic area. A
Non-Geographic NPA, also known as a "Service Access Code" or "SAC Code" is typically
associated with a specialized Telecommunications Service that may be provided across
multiple geographic NPA areas. 800, 900, 700, and 888 are examples of Non-Geographic
NPAs.
Number Portabilitv (NP): 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.
NXX. NXX Code. CentralOffice Code or CO Code: The three-digit switch entity indicator
that is defined by the "D", "E", and "F' digits of a ten-digit telephone number within the
NANP. Each NXX Code contains 10,000 station numbers.
Orderino and Billino Forum (OBfl: An industry committee functioning under the auspices
of the Alliance for Telecommunications lndustry Solutions (ATIS).
Operations Support Svstems (OSS): The pre-ordering, ordering, provisioning,
maintenance and repair, and billing functions supported by CenturyLink's databases and
information.
Packet Switchinq or Packet Switched: The routing or forwarding of packets, ftames, cells,
or other data units based on address or other routing information contained in the packets,
frames, cells or other data units, and the functions that are performed by the digital
subscriber line (DSL) access multiplexers, including but not limited to the ability to
terminate an End User's Copper Loop (which includes both a low-band voice channeland
a high-band data channel, or solely a data channel); the ability to forward the voice
channels, if present, to a circuit switch or multiple circuit switches; the ability to extract
data units from the data channels on the loops; and the ability to combine data units from
multiple loops onto one or more trunks connecting to a Packet Switch or Packet Switches.
PAfIU: Means subject to the availability, development and implementation of necessary
industry standard Electronic lnterfaces, the provision by CenturyLink of services, Network
Elements orfunctionality underthisAgreementto CLEC, including provisioning and repair,
at least equal in quality to those offered to CenturyLink, its Affiliates or any other entity
that obtains such services, Network Elements or functionality unless otherwise set forth in
Applicable Law. Until the implementation of necessary Electronic lnterfaces, CenturyLink
sha!! provide such services, Network Elements or functionality on a non-discriminatory
basis to CLEC as it provides to its Affiliates or any other entity that obtains such services,
Network Elements or functionality.
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Partv or Parties: Shall mean CenturyLink, as described in the first paragraph of this
Agreement, or CLEC depending on the context and no other entity, Affiliate, Subsidiary or
assign. Parties refers collectively to both CenturyLink and CLEC and no other entities,
Affiliates, Subsidiaries or assigns.
Percentaoe Local Use (PLU): A percentage calculated by dividing the number of minutes
of Local Traffic originated or terminated by the total number of minutes respectively
originated or terminated via Local lnterconnection Trunks, except that directory
assistance, BLV/BLVI, and Jointly Provided Switched Access calls are not included in the
calculation of PLU.
Phvsical Collocation: An offering by CenturyLink that enables a requesting
Telecommunications Carrier to enter upon a CenturyLink Premises, subject to reasonable
terms and conditions, and place its own equipment within or upon the CenturyLink
Premises to be used for lnterconnection or access to Unbundled Network Elements and
to use such equipment to interconnect with CenturyLink's network facilities for the
transmission and routing of Telephone Exchange Service, Exchange Access Service, or
both, or to gain access to CenturyLink's UNEs for the provision of a Telecommunications
Service, as provided in this Agreement, with space for such purposes allotted on a first-
come, first-served basis.
Point of lnterconnection (POl): A point on CenturyLink's network where the Parties
establish lnterconnection in accordance with this Agreement. The PO! also establishes
the interface, the test point, and the operational responsibility hand-off between CLEC and
CenturyLink for the lnterconnection of their respective networks.
Premises: A Party's Central Offices and Serving Wire Centers; all Buildings or similar
structures owned, leased, or otherwise controlled by a Party that house its Network
Facilities; all structures that house a Party's facilities on public Rights-of-Way, including
but not limited to vaults containing loop concentrators or similar structures; and a!! land
owned, leased or otherwise controlled by a Party that is adjacent to these Central Offices,
Wire Centers, Buildings and structures.
Pseudo-AN! (pAN!): A ten digit number that is used in place of AN! for E911 call routing
and the delivery of dynamic AL! information (e.9., to identify a wireless cel!, cell sector, or
PSAP to which the cal! should be routed). For purposes to this Agreement, references to
pANl shallinclude Emergency Services Query Key (ESQK), Emergency Services Routing
Digit (ESRD) and Emergency Service Routing Key (ESRK), as appropriate.
Public Safetv Answerinq Point (PSAP): An entity to whom authority has been lawfully
delegated to respond to public emergency telephone ca!!s originating in a defined
geographic area, and may include public safety agencies such as police, fire, emergency
medical, etc., or a common bureau serving a group of such entities. A PSAP may act as
a primary or secondary, which refers to the order in which calls are directed for answering.
Primary PSAP is the PSAP to which g1 1 calls are routed directly from the Selective Router
and Secondary PSAPs receive calls transferred from the primary PSAP.
Rate Center: The specific geographic area that is associated with one or more particular
NPA-NXX Codes that have been assigned to a LEC for its provision of basic exchange
Telecommunications Services. The Rate Center area is the exclusive geographic area
identified as the area within which CenturyLink or CLEC wil! provide Basic Exchange
Telecommunications Services bearing the particular NPA-NXX designations associated
with the specific Rate Center.
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Ratino Point: The finite geographic point identified by a specific Vertica! and Horizontal
(V&H) coordinates assigned to a Rate Center and associated with a particular telephone
number for rating purposes.
Reciprocal Compensation: As defined under 47 C.F.R. $51 Subpart H.
Remote Switch: A switch that directly terminates traffic to and receives traffic from End
Users of local Telephone Exchange Services, but does not allow trunk connections nor
have the full features, functions and capabilities of an End Office Switch. Such trunk
connection features, functions, and capabilities are provided to a Remote Switch via an
intraswitch umbilicalfrom a host End Office.
Routine Network Modifications: An activity that CenturyLink regularly undertakes for its
own customers, as more particularly described in Section 73 of this Agreement.
Selective Router (SR): The switching equipment used to route 911 callstothe proper
PSAP, or other designated destinations, based upon the caller's location information and
other factors.
Service Affectinq: A Service Affecting issue or dispute shall mean that such issue or
dispute, unless resolved, places a Party's End User in immediate or imminent risk of not
being able to use the service to which that End User subscribes.
Service Order: An order submitted by CLEC to CenturyLink ordering or changing an
Unbundled Network Element, or other services and facilities (including any porting
requests) available in accordance with the terms of this Agreement.
Servinq Wire Center: CenturyLink Building from which dialtone for Telephone Exchange
Service would normally be provided to a particular End User customer premises.
Shell Records: Those records necessary to populate the DBMS to enable Dynamic 911
call delivery and display methods, used to determine call routing and the appropriate
provider responsible for providing the caller's ANI/ALI for display at the appropriate PSAP
upon the answer of the 911 call. For purposes of this Agreement, references to 911
records shal! include Shell Records, as appropriate.
Siqnalinq Point (SP): A node in the CCS network that originates and/or receives signaling
messages, or transfers signaling messages from one signaling link to another, or both.
Sionalino Svstem 7 (SSil: The signaling protocol, Version 7, of the CCS network, based
upon American National Standards lnstitute (ANSI) standards that is used to provide basic
routing information, call set-up and other calltermination functions.
Sionalino Transfer Point (STP): A Signaling Point that performs message routing
functions and provides information for the routing of messages between Signaling Points
within or between CCS networks. An STP transmits, receives and processes CCS
messages.
Sp!!$q: A device that divides the data and voice signals concurrently moving across the
Loop, directing the voice traffic through copper tie cables to the switch and the data traffic
through another pair of copper tie cables to multiplexing equipment for delivery to the
packet-switched network. The Splitter may be directly integrated into the DSLAM
equipment or may be externally mounted.
Standard Practices: The general practices and procedures published or referenced on
CenturyLink's Website that apply to CenturyLink's services and operations, as the same
may be updated and revised from time to time by CenturyLink.
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Slatg: The State specified in Preface and Recitals section of this Agreement.
Subsidiarv: A corporation or other legalentity that is majority owned by a Party
Switched Access Services: The offering of transmission and/or switching services to
Telecommunications Carriers for the purpose of the origination or termination of
Telephone Toll Services. Any traffic that does not meet the definition of Local Traffic or
lSP-Bound Traffic or Toll VolP-PSTN Traffic will be considered Switched Access Service.
Switched Access Services includes, without limitation, the following: Feature Group A,
Feature Group B, Feature Group C, Feature Group D, 500, 700, 800 and 900 Access
Services
Tandem or Tandem Switch or Tandem Office Switch A Tandem, Tandem Switch or
Tandem Office Switch connects one trunk to another, in a series, for the purpose of
exchanging traffic. lt is an intermediate (Class 4) switch between an originating telephone
call and the final destination of the ca!|.
Tariff: Any applicable Federal or State Tariff, price list or price schedule of a Party, as
amended from time-to-time, that provides for the terms, conditions and pricing of
Telecommunications Services. A Tariff filing may be required or voluntary and may or
may not be specifically approved by the Commission or FCC. ln the event this Agreement
refers to a Tarffi for a service or arrangement that is not offered, or is no longer offered,
under a Tariff, then the reference shall be deemed to refer to an applicable price list or
commercia! offering.
TDM orTDM Technoloov orTime Division Multiplexino: A method of multiplexing in which
a common transmission path is shared by a number of channels on a cyclica! basis by
enabling each channelto use the path exclusively for a short time slot. This technology
is used to provision traditional narrowband services (e.9., voice, fax, dial-up lnternet
access) and high-capacity services like DSland DS3 circuits.
Technicallv Feasible: lnterconnection, access to Unbundled Network Elements,
Collocation and other methods of achieving lnterconnection or access to Unbundled
Network Elements 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.
Telcordia now iconectiv: Means Telcordia Technologies, lnc. now iconectiv which is a
leading provider of software and services for the Telecommunications industry, or any
successor entity providing the same functions which are referenced in this Agreement.
Telecommunications: Shall have the meaning set forth in 47 U.S.C. 5153.
Telecommunications Carrier: Shall have the meaning set forth in 47 U.S.C. $153. This
definition includes CMRS providers, lXCs and, to the extent they are acting as
Telecommunications Carriers, companies that provide both Telecommunications and
lnformation Services. Private mobile radio service providers are Telecommunications
Carriers to the extent they provide domestic or international Telecommunications for a fee
directly to the public.
Telecommunications Service: Shall have the meaning set forth in 47 U.S.C. 5153.
Telephone Exchanqe Service: Shall have the meaning set forth in 47 U.S.C. 5153.
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Telephone Tol! or Telephone Toll Service: Telephone Tol! traffic is telephone service
between stations in different exchange areas,and can be either lntraLATA Toll Traffic or
lnterLATA To!! Traffic depending on whether the originating and terminating points are
within the same LATA.
Tier 1 Wire Center: Those CenturyLink Wire Centers that contain at least four Fiber-based
Collocators, at least 38,000 Business Lines, or both. Tier 1 Wire Centers also are those
CenturyLink Tandem Switching locations that have no line-side switching facilities, but
nevertheless serve as a point of traffic aggregation accessible by competitive LECs. Once
a Wire Center is determined to be a Tier 1 Wire Center, that Wire Center is not subject to
later reclassification as a Tier 2 or Tier 3 Wire Center.
Tier 2 Wire Center: Those CenturyLink Wire Centers that are not Tier 1 Wire Centers but
contain at least three (3) Fiber-based Collocators, at least 24,000 Business Lines, or both.
Once a Wire Center is determined to be a Tier 2 Wire Center, that Wire Center is not
subject to later reclassification as a Tier 3 Wire Center.
Tier 3 Wire Center: Those CenturyLink Wire Centers that are not Tier 1 or Tier 2 Wire
Centers.
Time and Material Charoes: Charges for non-standard or individual-case.basis work
requested by CLEC. "Time" charges are for the cost of labor which includes, but is not
limited to, work preparation and actual work. This labor time is multiplied by an applicable
labor rate. 'Material' charges are for the cost of items required to fulfill the job
requirements.
Toll VoIP-PSTN Traffic Vo!P-PSTN Traffic that physically originates and terminates in
different CenturyLink Local Ca!!ing Areas.
Transit Service: Means the use of CenturyLink's network to deliver Transit Traffic.
Transit Traffic: Means traffic that is routed by CLEC through CenturyLink's network for
delivery to another carrier's network or that ls routed by another carrier through
CenturyLink's network for delivery to CLEC's network. For purposes of this Agreement,
Transit Traffic does not include Jointly Provided Switched Access Traffic.
Unbundled Network Element (UNE): A Network Element separate from the facility or
functionality of other Network Elements available for a separate fee in accordance with
47 U.S.C. 5251(cX3). Specific references to Unbundled Network Elements or UNEs
contained throughout this Agreement are to the Unbundled Network Elements described
in Article Vl: UNEs of this Agreement.
Virtual Collocation: Virtual Collocation is as defined in 47 C.F.R. S51.5.
Virtual NXX Traffic (VNXX Traffic): refers to calls originated from or terminated to an NPA-
NXX-XXXX thatwas assigned using a VNXX Service.
VNXX Service: VNXX Service means the assignment by a Party of a telephone number
(NPA-NXX-XXXX) having an NXX Code associated with a Rate Center (as setforth in the
LERG) that is not within the same Local Calling Area as the geographic location of the
End Use/s premises.
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Vo!P-PSTN Trafftc is traffic wfrich is exchanged between a CenturyLink End User and the
CLEC End User in Time Division Multiplexing GDM) format that originates from and/or
terminates to a Party's End User customer in lnternet Protocol (lP) format, as determined
in the order issued by the Federal Communications Commission in Docket No. 01-92, ln
the Matterof Developing a Unified lntercanierCompensation Regime, effective December
29,2011 (FCC's ICC Order).
Website: As used in this Agreement, Website shall mean:
www.CenturvLink.com/wholesale
Wre Center: The location of one or more local sritching systems. A point at which End
Users' loops within a defined geographic area converge. Such Local Loops may be
served by one (1) or more CentralOffice Switches wihin such Premises.
xDSL: A generic term for HDSL, ADSL or SDSL, which are high speed transmission
protocols, equipment, and services designed to operate over copper wire.
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3
ARTICLE II. GENERAL TERMS AND CONDITIONS
APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
3.1 Except as may otherwise be set forth in a particular Article or attachments
incorporated by reference within this Agreement, in which case the provisions
of such Article or attachment shall control, these GeneralTerms & Gonditions
apply to all Articles and Appendices of this Agreement.
POSITION OF THE PARTIES
4.1 This Agreement is an integrated package that reflects a balancing of interests
of the Parties. The Parties agree that their entry into this Agreement is without
prejudice to and does notwaive any positions they may have taken previously,
or may take in the future, in any legislative, regulatory, judicial or other public
forum addressing any matters, including matters related to the same types of
arrangements and/or matters related to CenturyLink's rates and cost recovery
that may be covered in this Agreement. CLEC agrees to accept these terms
and conditions with CenturyLink based on this Agreement as reciprocalwhere
applicable. Furthermore, to the extent they apply to CenturyLink's provision of
services and/or facilities to CLEC, such terms are intended to apply only to the
extent required by Applicable Law.
REGULATORY APPROVALS
5.1 This Agreement, and any amendment or modification hereof, will be submitted
to the Commission for approval in accordance with $252 of the Act within
thirty (30) Days after obtaining the last required Agreement signature.
CenturyLink and CLEC sha!! use their best efforts to obtain approval of this
Agreement by any regulatory body having jurisdiction over this Agreement. ln
the event any governmental authority or agency rejects any provision hereof,
the Parties shall negotiate promptly and in good faith such revisions as may
reasonably be required to achieve approva!.
EFFECTIVE DATE, TERM AND TERMINATION
6.1 Effective Date. Subject to Section 5.1, 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 by both
Parties.
6.1 . 1 Notwithstanding the above, no order or request for services under
this Agreement shall be processed nor shall any CenturyLink
obligation take effect before CLEC has established a customer
account with CenturyLink and has completed any
implementation, planning, and forecasting requirements as
described in this Agreement.
6.2 Term. This Agreement shall continue for a period of three (3) years after
execution by both Parties (the lnitial Term), unless terminated earlier in
accordance with the terms of this Agreement. lf neither Party terminates this
Agreement as of the last day of the lnitial Term, this Agreement shall continue
in force and effect on a month-to-month basis unless and untilterminated as
provided in this Agreement.
4.
5.
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23
6.3
6.4
6.5
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6.2.1 Notwithstanding the above, CenturyLink may terminate this
Agreement after six (6) consecutive months of inactivity on the
part of CLEC. lnactivity is defined as CLEC's failure, as required
in this Agreement, to initiate the required pre-ordering activities,
CLEC's failure to submit any orders, or CLEC's failure to originate
or terminate any Local Traffic.
Notice of Termination. Either Party may terminate this Agreement effective
upon the expiration of the lnitialTerm by providing written notice of termination
(Notice of Termination) at least ninety (90) Days prior to the last day of the
lnitial Term. Either Party may terminate this Agreement after the lnitia! Term
by providing a Notice of Termination at least thirty (30) Days prior to the
effective date of such termination.
Effect on Termination of Negotiating Successor Agreement. lf either Party
provides Notice of Termination pursuant to Section 6.3 and, on or before the
noticed date of termination (the End Date), either Party has requested
negotiation of a new lnterconnection agreement, such notice shall be deemed
to constitute a Bona Fide Request to negotiate a replacement agreement for
lnterconnection, services or Network Elements pursuant to $252 of the Act and
this Agreement shall remain in effect untilthe earlier of: (a) the effective date
of a new lnterconnection agreement between CLEC and CenturyLink; or,
(b) one.hundred sixty (160) Days after the requested negotiation or such
longer period as may be mutually agreed upon, in writing, by the Parties, or
(c) the issuance of an order (or orders) by the Commission resolving each
issue raised in connection with any arbitration commenced within the
timeframe contemplated in (b) above. lf a replacement agreement has not
been reached when the timeframe contemplated in (b) above expires and
neither Party has commenced arbitration, then CenturyLink and CLEC may
mutually agree in writing to continue to operate on a month-to-month basis
under the terms set forth herein, subject to written notice of termination
pursuant to Section 6.3. Should the Parties not agree to continue to operate
under the terms set forth herein after one-hundred eighty (180) Days, then the
provisions of Section 6.5 shall apply. The foregoing shall not apply to the
extent that this Agreement is terminated in accordance with Section 6.6 or
Section 6.7.
Termination and Post-Termination Continuation of Services. lf either Pafi
provides Notice of Termination pursuant to Section 6.3 and, by 11:59 p.m.
Centra! Time on the stated date of termination, neither Party has requested
negotiation of a new lnterconnection agreement, then (a) this Agreement will
terminate at 11:59 p.m. Central Time on the termination date identified in the
Notice of Termination, and (b) the services and functions being provided by
CenturyLink under this Agreement at the time of termination, including
lnterconnection arrangements and the exchange of Local Trafftc, may be
terminated by CenturyLink unless the Parties jointly agree to other continuing
arrangements.
24
6.6 Suspension or Termination Upon Default. Either Party may suspend or
terminate this Agreement, in whole or in part, in the event of a Default by the
other Party so long as the non-Defaulting Party notifies the Defaulting Par$ in
writing of the Default and the Defaulting Party does not cure the Default within
thirty (30) Days of receipt of the written notice, provided however, that any
requirements for written notice and opportunity to cure with respect to the
failure to make timely payment of undisputed charges shall be governed
separately under Section 51. Following CenturyLink's notice to CLEC of its
Default, CenturyLink shall not be required to process new Service Orders until
the Default is timely cured.
Termination Upon Sale. Notwithstanding anything to the contrary contained
herein, a Party may terminate its obligations under this Agreement as to a
specific operating area or portion thereof if such Parg sells or otherwise
transfers the area or portion thereof to a non-Affiliate in compliance with the
terms and conditions of this Agreement. The selling or transferring Party shal!
provide the other Party with at least sixty (60) Days prior written notice of such
termination, which shall be effective on the date specified in the notice.
Notwithstanding termination of this Agreement as to a specific operating area,
this Agreement shall remain in full force and effect in the remaining operating
areas.
Liability Upon Termination. Termination of this Agreement, or any part hereof,
for any cause shall not release either Party from any liability (a) which, at the
time of termination, had already accrued to the other Party, (b) which thereafter
accrues in any respect through any act or omission occurring prior to the
termination, or (c) which accrues from an obligation that is expressly stated in
this Agreement to survive termination.
Predecessor Agreements.
6.9.1 Except as stated in Section 6.9.2 or as otherwise agreed in writing
by the Parties:
a. any prior lnterconnection or resale agreement between the
Parties for the State pursuant to $252 of the Act and in effect
immediately prior to the Effective Date is hereby terminated;
and
b. any services that were purchased by one Party from the
other Party under a prior lnterconnection or resale
agreement between the Parties for the State pursuant to
$252 of the Act and in effect immediately prior to the
Effective Date, shal! be subject to the prices, terms and
conditions under this Agreement from and after the Effective
Date. Notwithstanding the foregoing, if such services were
purchased after the Parties agreed to implement this
Agreement pursuant to Section 6.1, neither party will bringa 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.
6.7
6.8
6.9
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7
6.9.2 Except as otherwise agreed in writing by the Parties, if a service
purchased by a Pafi under a prior agreement between the
Parties pursuant to $252 of the Act was subject to a contractual
commitment that it would be purchased for a period of longer than
one (1) month, and such period had not yet expired as of the
Effective Date and the service had not been terminated prior to
the Effective Date, to the extent not inconsistent with this
Agreement, such commitment shall remain in effect and the
service will be subject to the prices, terms and conditions of this
Agreement; provided, that if this Agreementwould materially alter
the terms of the commitment, either Party make elect to cancel
the commitment.
6.9.3 lf either Party elects to cancel the service commitment pursuant
to the proviso in Section 6.9.2, the purchasing Party shall not be
liable for any termination charge that would otherwise have
applied. However, if the commitment was cancelled by the
purchasing Party, the purchasing Party shall pay the difference
between the price of the service that was actually paid by the
purchasing Party under the commitment and the price of the
service that would have applied if the commitment had been to
purchase the service only unti! the time that the commitment was
cancelled.
CLEC CERTIFICATION
7.1 Notwithstanding any other provision of this Agreement, CenturyLink shall have
no obligation to perform under this Agreement until such time as CLEC has
obtained such FCC and Commission authorization(s) as may be required by
Applicable Law for conducting business in the State as a competitive local
exchange carrier. CLEC shall not be permitted to establish its account nor
place any orders under this Agreement until it has obtained such authorization
and provided proof of such to CenturyLink. At any time during the life of this
Agreement, CLEC will provide a copy of its current Certificate of Operating
Authority or other evidence of its status to CenturyLink upon request. CLEC's
failure to maintain such authorization(s) as may be required by Applicable Law
for conducting business in the State as a CLEC shall be considered a Default
of Agreement.
APPLICABLE LAW
8.1 Each Party shall remain in compliance with Applicable Law in the course of
performing this Agreement.
8.1.1 Neither Par$ shal! be liable for any delay orfailure in performance
resulting from any requirements of Applicable Law, or acts or
failures to act of any governmentalentity or officia!.
8.1.2 Each Party shal! promptly notify the other Party in writing of any
governmenta! action that limits, suspends, cancels, withdraws, or
otherwise materially affects the notifying Party's ability to perform
its obligations under this Agreement.
8.
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9.
8.1.3 Each Party shall be responsible for obtaining and keeping in effect
all FCC, Commission, franchise authority and other regulatory
approvals that may be required and comply with Applicable Law
in connection with the performance of its obligations under this
Agreement
8.1.4 Both Parties shall satisfy al! applicable service standards,intervals, measurements, specifications, performance
requirements, technical requirements, and performance
standards that are required by Applicable Law.
8.2 Rule of Construction. The Parties acknowledge that, except for provisions
incorporated herein as the result of an arbitrated decision, if any, the terms and
conditions of this Agreement have been mutually negotiated, and each Party
has had the opportunity to obtain advice of its own legal counsel in accepting
such negotiated terms and conditions. No rule of construction requiring
interpretation against the drafting Party hereof shall apply in the interpretation
of this Agreement.
8.3 Choice of Law and Venue. This Agreement sha!! be governed by and
construed in accordance with the Act, applicable federal and (to the extent not
inconsistent therewith) State laws, and shall be subject to the exclusive
jurisdiction of the State or of the federa! courts of Monroe, Louisiana. ln all
cases, choice of law shall be determined without regard to a local State's
conflicts of law provisions.
8.4 Severability. lf any provision of this Agreement is held to be invalid, void or
unenforceable for any reason, such invalidity wil! affect only that specific
provision of the Agreement. !n all other respects, this Agreement wi!! stand as
if such provision had not been a part thereof, and the remainder of the
Agreement shall remain in fullforce and effect and shall in no way be affected,
impaired or invalidated. !f the provision materially affects the rights or
obligations of a Party hereunder, or the ability of a Party to perform any material
provision of this Agreement, the Parties shall promptly negotiate an
amendment to this Agreement in order to conform the Agreement to Applicable
Law. lf such amended terms cannot be agreed upon within a reasonable
period, either Party may, upon written notice to the other Party, initiate Dispute
Resolution pursuant to the terms of this Agreement, and any resolution in favor
of the affected Party will be considered retroactive to the date Dispute
Resolution was initiated. Notwithstanding the above, where the affected
provision is held to be invalid, void or unenforceable retroactively by a court of
competent jurisdiction, the resolution in favor of the affected Party will be
considered retroactive to the same extent, or to the extent specified in the
decision or twenty-four (24) months from the date Dispute Resolution was
initiated whichever is shorter.
CHANGES !N LAW
9.1 ln the event of any amendment of the Act, any effective legislative action or
any effective regulatory or judicial order, rule, regulation, arbitration award, or
other legal action purporting to apply the provisions of the Act to the Parties or
in which the court, FCC or the Commission makes a generic determination that
is generally applicable which revises, modifies or reverses the Applicable
Rules (individually and collectively, Amended Rules), either Party may, by
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9.2
providing written notice to the other Party, require that the affected provisions
of this Agreement be renegotiated in good faith and this Agreement shall be
amended accordingly within sixty (60) Days of the date of the notice to reflect
the pricing, terms and conditions of each such Amended Rules relating to any
of the provisions in this Agreement. 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
otherwise ordered. In the event neither Pafi provides notice within thirty (30)
Days, the effective date of the legally binding change sha!! be the Effective
Date of the amendment unless the Parties agree to a different date.
Removal of Existing Obligations. Notwithstanding anything in this Agreement
to the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is no longer
required by Applicable Law to continue to provide any service, facility,
arrangement, payment or benefit (Discontinued Arrangements) othenrise
required to be provided to CLEC under this Agreement, then CenturyLink may
discontinue the provision of any such service, facility, arrangement, payment
or benefit. CenturyLink will provide thirty (30) Days prior written notice to CLEC
of any such discontinuation, unless a different notice period or different
conditions are specified by Applicable Law, in which event such specified
period and/or conditions shall apply. lmmediately upon provision of such
written noticeto CLEC, CLECwillbe prohibited from ordering, and CenturyLink
wil! not provide, new Discontinued Arrangements. lf CLEC disputes
CenturyLink's discontinuance of such service, facility, arrangement, payment
or benefit, the dispute resolution procedures of this Agreement shall apply, and
any consequent changes to the terms of this Agreement (including billing
terms) as a result of such change in Applicable Law shall be retroactive to the
discontinuation date set forth in CenturyLink's written notice to CLEC unless a
definitive effective date is specified by Applicable Law.
Additions to Existing Obligations. Notwithstanding anything in this Agreement
to the contrary, if, as a result of any legislative, judicial, regulatory or other
governmental decision, order, determination or action, or any change in
Applicable Law subsequent to the Effective Date, CenturyLink is required by
such change in Applicable Law to provide a service not already provided to
CLEC under the terms of this Agreement, the Parties agree to add or modify,
in writing, the affected term(s) and condition(s) of this Agreement to the extent
necessary to bring them into compliance with such change in Applicable Law.
The Parties shall initiate negotiations to add or modify such terms upon the
written request of a Party. lf the Parties cannot agree to additional or modified
terms to amend the Agreement, the Parties shall submit the dispute to dispute
resolution pursuant to the procedures set forth in this Agreement.
Should the Parties be unable to reach agreement with respect to the
applicability of any Amended Rules or the resulting appropriate modifications
to this Agreement, either Party may invoke the Dispute Resolution provisions
of this Agreement. CenturyLink may charge rates to CLEC under this
Agreement that are approved by the Commission in a generic cost proceeding,
9.3
9.4
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10.
11.
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whether such action was commenced before or after the Effective Date of this
Agreement, as of the effective date of the Commission decision and such
ordered rates shall be implemented without the requirement of an Amendment
to this Agreement.
AMENDMENTS
10.1 Any amendment, modification, deletion or supplement to this Agreement must
be in writing, dated and signed by an authorized representative of each Party
and filed with the Commission, except for notices of Discontinued
Arrangements or changes in rates approved by the Commission in a generic
cost proceeding. The term Agreement shall include any such future
amendments, modifications, deletions and supplements.
ASSIGNMENT
11.1 lf any Affiliate of either Party succeeds to that portion of the business of such
Party that is responsible for, or entitled to, any rights, obligations, duties, or
other interests under this Agreement, such Affiliate may succeed to those
rights, obligations, duties, and interest of such Party under this Agreement. ln
the event of any such succession hereunder, the successor shall expressly
undertake in writing to the other Party the performance and liability for those
obligations and duties as to which it is succeeding a Par$ to this Agreement.
11.2 Except as provided in Section 11.1, any assignment of this Agreement or of
the obligations to be performed, in whole or in part, or of any other interest of
a Party hereunder, without the other Party's written consent, shall be void.
Upon a request by a Party for such consent, the other Party shall not
unreasonably withhold or delay such consent, provided however, that
reasonable grounds for withholding consent would include, without limitation,
the existence of any material Default by the requesting Party. For purposes of
this paragraph, a material Default shall include, without limitation, the failure by
a Party to pay any outstanding undisputed amounts by the due date.
11.3 lf a Party uses products or services obtained from the other Party under this
Agreement to serve End Users, then such Party may not make any sale or
transfer of such End User accounts, or any facilities used to serve such End
Users, unless the purchaser or transferee has executed a wriften agreement
to assume liability for any outstanding unpaid balances owed to the other Party
under this Agreement for such services and products. Notwithstanding any
assumption of liability by the purchaser or transferee, the Party selling or
transferring such End User accounts, or facilities, shall remain jointly liable for
the unpaid balances until the same are satisfied, in full, unless the selling or
transferring Pafi obtains a written release of liability from the other Party,
which release shall be at the reasonable discretion of the other Party.
11.4 lf a Pafi seeks to transfer only a portion of facilities ordered pursuant to this
Agreement, while retaining other facilities, then such transfer shall be treated
as a disconnection and subsequent activation, subject to applicable
disconnection and activation charges for such facilities, including any early
termination fees, if applicable.
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CONFIDENTIAL INFORMATION
12.1 Al! information which is disclosed by one Parg (Disclosing PaO) to the other
Party (Recipient) in connection with this Agreement, or acquired in the courseof performance of this Agreement, shal! be deemed confidentia! and
proprietary to the Disclosing Par$ and subject to this Agreement, except as
provided in Section 12.5 below or as specifically provided elsewhere in this
Agreement. Such information includes but is not limited to, orders for services,
usage information in any form, and CPN! as that term is defined by the Act and
the rules and regulations of the FCC, and where applicable, the rules and
regulations of the Commission (Confidential lnformation).
12.2 Each Party agrees to use Confidential lnformation only for the purpose of
performing under this Agreement, to hold it in confidence, to disclose it only to
employees or agents who have a need to know it in order to perform under this
Agreement, and to safeguard Confidential lnformation from unauthorized use
or disclosure using no less than the degree of care with which Recipient
safeguards its own Confidential lnformation.
12.3 Recipient may disclose Confidential lnformation if required by law, a court, or
governmental agency, if the Disclosing Party has been notified of the
requirement promptly after Reciplent becomes aware of the requirement, and
the Recipient undertakes lawfu! measures to avoid disclosing such information
until Disclosing Party has had reasonable time to obtain a protective order.
Recipient will comply with any protective order that covers the Confidential
lnformation to be disclosed.
12.4 Neither Party shall produce, publish, or distribute any press release nor other
publicity referring to the other Party or its Affiliates, or referring to this
Agreement, without the prior written approval of the other Pafi. Each Pafi
shall obtain the other Party's prior approval before discussing this Agreement
in any press or media interviews. ln no event shalleither Par$ mischaracterize
the contents of this Agreement in any public statement or in any representation
to a governmental entity or member thereof.
12.5 Recipient shall have no obligation to safeguard Confidential lnformation which
was in the Recipient's possession free of restriction prior to its receipt from
Disclosing Party, which becomes publicly known or available through no
breach of this Agreement by Recipient, which is rightfully acquired by Recipient
free of restrictions on its disclosure, or which is independently developed by
personnel of Recipient to whom the Disclosing Party's Confidential lnformation
had not been previously disclosed.
12.6 Survival. The obligation of confidentiality and use with respect to Confidentia!
lnformation disclosed by one Party to the other shall survive any termination of
this Agreement for a period of five (5) years from the date of the initial
disclosure of the Confidential lnformation.
12.7 Each Party agrees that in the event of a breach of this Section by Recipient or
its representatives, Disclosing Party shal! be entitled to equitable relief,
including injunctive relief and specific performance. Such remedies shall not
be exclusive, but shall be in addition to all other remedies available at law or in
equity.
30
13.
14.
15.
12.8 Unless othenrvise agreed, neither Party shall publish or use the other Party's
logo, trademark, service mark, name, language, pictures, symbols or words
from which the other Party's name may reasonably be inferred or implied in
any product, service, advertisement, promotion, or any other publicity matter,
except that nothing in this paragraph sha!! prohibit a Party from engaging in
valid comparative advertising. This Section shallconfer no rights on a Pafi to
the service marks, trademarks and trade names owned or used in connection
with services by the other Party or its Affiliates, except as expressly permitted
by the other Party.
12.9 Except as othenuise expressly provided in this Section, nothing herein shall be
construed as limiting the rights of either Party with respect to its customer
information under any Applicable Law, including without limitation $222 of the
Act.
CONSENT
13.1 Except as otherwise expressly stated in this Agreement, where consent,
approval, mutual agreement or a similar action is required by any provision of
this Agreement, such action shall not be unreasonably withheld, conditioned
or delayed.
CONTACTS BETWEEN THE PARTIES
14.1 Each Party shall update its own contact information and escalation list and shall
provide such information to the other Party for purposes of inquiries regarding
the implementation of this Agreement. Each Party shall accept all inquiries
from the other Party and provide a timely response. CenturyLink will provide
and maintain its contact and escalation list on the CenturyLink Website, and
any updates also will be provided on the Website. lnformation contained on
the Website will include a single contact telephone number for CenturyLink's
CLEC Service Center (via an 800#) that CLEC may cal! for all ordering and
status inquiries and other day-to-day inquiries at any time during the Business
Day. ln addition, the Website wi!! provide CLEC with contact information for
the personnel and/or organizations within CenturyLink capable of assisting
CLEC with inquiries regarding the ordering, provisioning and billing of
lnterconnection, Collocation and UNE services. lncluded in this information
will be the contact information for a person or persons to whom CLEC can
escalate issues dealing with the implementation of the Agreement and/or for
assistance in resolving disputes arising under the Agreement.
GENERAL DISPUTE RESOLUTION
15.1 The following provisions apply to dispute resolution under the Agreement,
except that the terms of Section 51 shal! also apply to the resolution of any
billing disputes.
15.2 Alternative to Litigation. Except as provided under $252 of the Act with respect
to the approval of this Agreement by the Commission, the Parties desire to
resolve disputes arising out of or relating to this Agreement without litigation.
Accordingly, except for an action seeking a temporary restraining order, an
injunction related to the purposes of this Agreement, or suit to compel
compliance with this dispute resolution process, the Parties agree that the
following resolution procedures shall be used.
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15.2.1
15.2.2
15.2.3
15.2.4
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A Party may not submit a dispute to any court, commission or
agency of competent jurisdiction for resolution unless at least
sixty (60) Days have elapsed after the Party asserting the dispute
has given written notice of such dispute to the other Party. Such
notice must explain in reasonable detail the specific
circumstances and grounds for each disputed item. lf a Party
gives notice of a billing dispute more than thirty (30) Days after
the billing date and has not paid the Disputed Amounts by the
payment due date, then the notice of such dispute shall be
deemed to have been given thirty (30) Days afier the billing date
for purposes of calculating the time period before such dispute
may be submitted to any court, commission or agency of
competent jurisdiction for resolution.
The Parties shall meet or confer as often as they reasonably
deem necessary in order to discuss the dispute and negotiate in
good faith in an effort to resolve such dispute. The specific format
for such discussions will be left to the discretion of the Parties,
provided, however, that all reasonable requests for relevant, non-
privileged, information made by one Party to the other Party shall
be honored, and provided that the following terms and conditions
shallapply:
lf the Parties are unable to resolve the dispute in the normal
course of business within thirty (30) Days after delivery of notice
of the Dispute (or such longer period as may be specifically
provided for in other provisions of this Agreement), then upon the
request of either Party, the dispute shall be escalated to other
representatives of each Party that have more authority over the
subject matter of the dispute. Referra! of a dispute by a Party to
its legal counsel shall be considered an escalation for purposes
of this paragraph.
If the Parties are unable to resolve the dispute within sixty (60)
Days after delivery of the initial notice of the dispute, then either
Party may file a petition or complaint with any court, commission
or agency of competent jurisdiction seeking resolution of the
dispute. The petition or complaint shall include a statement that
both Parties have agreed (by virtue of this stipulation) to request
an expedited resolution within sixty (60) Days from the date on
which the petition or complaint was filed, or within such shorter
time as may be appropriate for any Service Affecting dispute.
lf the court, commission or agency of competent jurisdiction
appoints an expert(s), a special master, or other facilitato(s) to
assist in its decision making, each Par$ shall pay half of the fees
and expenses so incurred. A Party seeking discovery shall
reimburse the responding Party the reasonable costs of
production of documents (including search time and reproduction
costs). Subject to the foregoing, each Party sha!! bear its own
costs in connection with any dispute resolution procedures, and
the Parties shall equally split the fees of any arbitration or
arbitrator that may be employed to resolve a dispute.
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16.
17.
15.2.6 During dispute resolution proceedings conducted by any court,
commission or agency of competent jurisdiction each Party shall
continue to perform its obligations under this Agreement
provided, however, that neither Party shal! be required to act in
any unlawfulfashion.
15.2.7 A dispute which has been resolved by a written settlement
agreement between the Parties or pursuant to a determination by
any court, commission or agency of competent jurisdiction may
not be resubmitted under the dispute resolution process.
ENTIRE AGREEMENT
16.1 This Agreement, including all Parts and subordinate documents attached
hereto or referenced herein, allof which are hereby incorporated by reference
herein, constitutes the entire agreement of the Parties pertaining to the subject
matter of this Agreement and supersedes all prior and contemporaneous
agreements, negotiations, proposals, and representations, whether written or
oral, concerning such subject matter. No representations, understandings,
agreements, or warranties, expressed or implied, have been made or relied
upon in the making of this Agreement other than those specifically set forth
herein.
16.2 The Parties acknowledge and agree that they have had adequate opportunity
to negotiate this Agreement pursuant to a give and take process, and that the
inclusion or exclusion of any provisions within this Agreement sha!! be without
prejudice to either Party's right to advocate for different rights or obligations to
apply under any circumstances other than the exercise and enforcement of
and the rights and obligations hereunder. The provisions of this Agreement
shall not be deemed or considered to have any probative value as to the
substance of either Party's rights or advocacy positions concerning the matters
set forth herein, nor deemed to constitute acquiescence or a waiver by either
Party with respect to such matters under any circumstances other than the
exercise and enforcement of and the rights and obligations hereunder, nor
shall either Party be estopped or otherwise precluded from asserting any such
rights reserved hereunder at any time hereafter in any forum, without any
diminishment of such rights based upon the passage of time or any course of
conduct which is consistent with the Agreement.
16.3 To the extent this Agreement contains any provisions which are not governed
by 47 U.S.C. $251 and which could otherwise be addressed in a separate
stand-alone agreement, such inclusion does not subject such provisions to the
compulsory arbitration or other provisions of 47 U.S.C. 5252, and the Parties
do not waive any position they may have with respect to the applicability or
non-applicability of such federal statutes to any provisions hereof.
FORCE MAJEURE
17.1 ln the event that performance of this Agreement, or any obligation hereunder,
is either directly or indirectly prevented, restricted, or interfered with by reason
of fire, flood, earthquake, unusually severe weather, epidemics or like acts of
God, nuclear accidents, power blackouts, wars, terrorism, revolution, civil
commotion, explosion, acts of public enemy, embargo, acts of the government
under its police powers, labor disruptions, including without limitation, strikes,
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17.i
slowdowns, picketing, or boycotts, unavailability of equipment from vendor, or
any other material change of circumstances beyond the reasonable control and
without the fault or negligence of the Party affected (Force Majeure Events),
the Party affected, upon giving prompt notice to the other Party, shall be
excused from such performance on a day-to-day basis to the extent of such
prevention, restriction, or interference and the other Party shal! likewise be
excused from performance of any corresponding obligations that are rendered
unnecessary, impractical or inequitable by the non-performance of the Party
experiencing the Force Majeure Events on a day-to-day basis untilthe delay,
restriction or interference has ceased; provided however, that the Party so
affected shall use commercially reasonable efforts to avoid or remove such
causes of nonperformance or Force Majeure Events, and both Parties sha!!
proceed whenever such causes or Force Majeure Events are removed or
cease.
!t is expressly agreed that insolvency or financial distress of a Party is not a
Force Majeure Event and is not otherwise subject to this Section.
Notwithstanding the provisions of Section 17.1 above, in no case shall a Force
Majeure Event excuse either Party from an obligation to pay money as required
by this Agreement.
Nothing in this Agreement shall require the non-performing Party to settle any
labor dispute except as the non-performing Party, in its sole discretion,
determines appropriate.
18.
19.
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17.3
FRAUD
18.1 The Parties agree that they shall cooperate with one another to investigate,
minimize and take corrective action in cases of fraud. CenturyLink wil!
cooperate in good faith but shall bear no responsibility for, nor is it required to
investigate or make adjustments to, CLEC's account in cases of fraud. The
Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to the
other.
HEAD!NGS
19.1 The headings and numbering of Sections and Articles in this Agreement are
for convenience and identification only and shall not be construed to define or
limit any of the terms herein or affect the meaning or interpretation of this
Agreement.
INTELLEGTUAL PROPERW
20.1 CLEC acknowledges that its right under this Agreement to interconnect with
CenturyLink's network and to unbundle and/or combine CenturyLink's
Unbundled Network Elements (including combining with CLEC's Network
Elements) may be subjectto or limited by !ntellectua! Property rights (including,
without limitation, patent, copyright, trade secret, trademark, service mark,
trade name and trade dress rights) and other rights of third parties.
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20.2
20.3
20.4
CLEC acknowledges that services and facilities to be provided by GenturyLink
hereunder may use or incorporate products, services or information proprietary
to third party vendors and may be subject to or limited by lntellectual Propefi
rights (including, without limitation, patent, copyright, trade secret, trademark,
service mark, trade name and trade dress rights) and other rights of third
parties.
Upon written request by CLEC, CenturyLink wil! use commerclally reasonable
efforts to procure rights or licenses to allow CenturyLink to use lntellectual
Property and other rights of third parties to provide lnterconnection, UNEs,
services and facilities to CLEC (Additional Rights and Licenses). CLEC shall
promptly reimburse CenturyLink for all costs incurred by CenturyLink and/or
CenturyLink's Affiliates in connection with the procurement of Additional Rights
and Licenses, including without limitation all software license fees and/or
maintenance fees, or any increase thereof, incurred by CenturyLink or any
CenturyLink Affiliate. CenturyLink shall have the right to obtain reasonable
assurances of such prompt reimbursement by CLEC prior to the execution by
CenturyLink or any CenturyLink Affiliate of any new agreement or extension of
any existing agreement relating to any Additional Rights and Licenses. ln the
event CLEC fails to promptly reimburse CenturyLink for any such cost, then, in
addition to other remedies available to CenturyLink under this Agreement,
CenturyLink shall have no obligation to provide to CLEC any Unbundled
Network Element, product, service or facility to which such Additiona! Rights
and Licenses relate until payment is made. ln the event any Unbundled
Network Elementto which the Additiona! Rights and Licenses relate is provided
to any carrier(s) other than CenturyLink, CenturyLink's Affiliates and CLEC,
CenturyLink shall reasonably apportion among CLEC and such non-
CenturyLink carriers, on a prospective basis only, the costs incurred by
CenturyLink and/or its Affiliates in connection with the procurement and
continuation of such Additional Rights and Licenses; provided, however, that
such apportionment sha!! not apply to any previously incurred costs and shall
apply only for the period of such provision to such carrier(s).
Both Parties agree to promptly inform the other of any pending or threatened
lntellectual Property Claims of third parties that may arise in the performance
of this Agreement.
For the purposes of this Agreement, any lntellectual Property originating from
or developed by such Party shall remain in the exclusive ownership of that
Party. Notwithstanding the exclusive ownership of lntellectual Property
originated by a Party, the Party that owns such lntellectual Property will not
assess a separate fee or charge to the other Party for the use of such
lntellectual Property to the extent used in the provision of a product or service,
available to either Party under this Agreement, that utilizes such lntellectual
Property to function properly.
Except as expressly stated in this Agreement, this Agreement shall not be
construed as granting a license with respect to any patent, copyright, trade
name, trademark, service mark, trade secret or any other lntellectual Property,
now or hereafter owned, controlled or licensable by either Party. Except as
expressly provided in this Agreement, neither Party may use any patent,
copyrightable materials, trademark, trade name, trade secret or other
20.5
20.6
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lntellectual Property, of the other Party except in accordance with the terms of
a separate license agreement between the Parties granting such rights.
20.7 Except as provided in Section 20.3 and/or Section 22.1, neither Party shal!
have any obligation to defend, indemniff or hold harmless, or acquire any
license or right for the benefit of, or owe any other obligation or have any liability
to, the other Party or its Affiliates or customers based on or arising from any
third par$ claim alleging or asserting that the provision or use of any service,
facility, arrangement, or software by either Party, or the performance of any
service or method, either alone or in conjunction with the other Party,
constitutes direct, vicarious or contributory infringement or inducement to
infringe, or misuse or misappropriation of any patent, copyright, trademark,
trade secret, or any other proprietary or intellectual Property right of any Party
or third person. Each Party, however, shall offer to the other reasonable
cooperation and assistance in the defense of any such claim.
20.8 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
THE PARTIES AGREE THAT NEITHER PARTY HAS MADE, AND THAT
THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED,
THATTHE USE BY EACH PARTYOFTHE OTHER'S SERVICES PROVIDED
UNDER THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF
INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY
INTELLECTUAL PROPERTY RIGHT.
LAW ENFORCEMENT
21.1 Except to the extent not available in connection with CenturyLink's operation
of its own business, CenturyLink shall provide assistance to law enforcement
persons for emergency traps, assistance involving emergency traces and
emergency information retrieval on customer invoked services, twenty-four
(24) hours per day, seven (7) days a week.
21.2 Except where prohibited by a subpoena, civil investigative demand, or other
legal process, CenturyLink agrees to work jointly with CLEC in security matters
to support law enforcement agency requirements for traps, traces, court
orders, etc. CLEC shall be responsible for and shall be billed for any charges
associated with providing such services for CLEC's End Users.
21.3 Where CenturyLink receives a subpoena from law enforcement, and its
database search shows that the telephone number in question is not a
CenturyLink account, CenturyLink shall send such information back to law
enforcement, along with the name of the company to which such account is
connected, if available, for further processing by law enforcement.
21.4 lf a Party receives a subpoena, civil investigative demand, or other legal
process (hereinafter, subpoena) issued by a court or governmental agency
having appropriate jurisdiction, and such subpoena expressly prohibits the
Party receiving the subpoena (receiving Party) from disclosing the receipt of
the subpoena or the delivery of a response to the subpoena, such receiving
Party shal! not be required to notify the other Party that it has received and/or
responded to such subpoena, even if the subpoena seeks or the receiving
Party's response thereto discloses Confidential lnformation of the other Party
or its customers. Under such circumstances, the receiving Party's disclosure
to the other Party of its receipt of or delivery of a response to such a subpoena
36
22.
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shall be governed by the requirements of the subpoena and/or the court,
governmental agency or law enforcement agency having appropriate
jurisdiction.
21.5 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA.
Each Party shal! indemnifu 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, modifo or replace any
equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply
with CALEA.
LIABILITY AND INDEMNIFICATION
22.1 lndemnification Against Third-Party Claims. Each Party (the lndemnifying
Party) agrees to indemnifo, defend, and hold harmless the other Pafi (the
!ndemnified Party) and the other Party's Subsidiaries, predecessors,
successors, Affiliates, and assigns, and all current and former officers,
directors, members, shareholders, agents, contractors and employees of a!!
such persons and entities (collectively, with lndemnified Party, the "lndemnitee
Group"), from any and all Claims (as hereinafter defined).
22.1.1 For purposes of this Section 22, Claim means any action, cause of
action, suit, proceeding, claim, or demand of any third party (and all
resulting judgments, bona fide settlements, penalties, damages,
losses, liabilities, costs, and expenses including, but not limited to,
reasonable costs and attomeys' fees),
(a) based on allegations that, if true, would establish
(i) the lndemnifying Party's breach of this Agreement;
(iD the lndemnifying Party's misrepresentation, fraud or other
misconduct;
(iiD the lndemnifying Party's negligent or willful misconduct or
omissions;
(iv) infringement by the lndemnifying Party or by any
lndemniffing Party product or service of any patent,
copyright, trademark, service mark, trade name, right of
publicity or privacy, trade secret, or any other proprietary
right of any third party;
(v) the lndemnifying Party's liability in relation to any wrongful
disclosure of private or persona! matters or materialwhich
is defamatory; or
(vi) the lndemnifying Party's wrongful use or unauthorized
disclosure of data; or
37
22.2
(b) that arises out of:
(i) any act or omission of the lndemnifying Pafi or its
subcontractors or agents relating to the lndemnifying Party's
performance or obligations under this Agreement or the
lndemnifying Party's use of any services or facilities
obtained from or provided by the other Party under this
Agreement;
(ii) any act or omission of the lndemnifying Party's customer(s)
or End Use(s) pertaining to the services or facilities
provided under this Agreement;
(iii) the bodily injury or death of any person, or the loss or
disappearance of or damage to the tangible property of any
person, relating to the lndemnifying Party's performance or
obligations under this Agreement;
(iv) the lndemnifying Party's design, testing, manufacturing,
marketing, promotion, advertisement, distribution, lease or
sale of services and/or products to its customers, or such
customers' use, possession, or operation of those services
and/or products; or
(v) personal injury to or any unemployment compensation claim
by one or more of the lndemnifying Party's employees,
notwithstanding any protections the lndemnifuing Party
might otherwise have under applicable workers'
compensation or unemployment insurance law, which
protections the lndemnifying Party waives, as to the
lndemnified Party and other persons and entities to be
indemnified under this Section (other than applicable
employee claimant(s)).
22.1.2 For purposes of this Section, Reasonable costs and attorneys'
fees, as used in this Section, includes without limitation fees and
costs incurred to interpret or enforce this Section.
22.1.3 The lndemnified Party will provide the lndemnifying Party with
reasonably promptwritten notice of any Claim. Atthe lndemnifying
Party's expense, the lndemnified Party will provide reasonable
cooperation to the lndemnifying Party in connection with the
defense or settlement of any Claim. The lndemnified Party may,
at its expense, employ separate counselto monitor and participate
in the defense of any Claim.
Each Party shall indemniff the other Party from al! Claims by the indemnifying
Party's End Users pertaining to the services or facilities provided under this
Agreement.
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22.3
22.4
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DISCLAIMER OF WARRANTIES. EXCEPT FOR THOSE WARRANTIES
EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY
STATUTE, EACH PARTY ON BEHALF OF ITSELF AND ITS AFFIL]ATES
AND SUPPLIERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSOR IMPLIED, AS TO THE QUALIry, FUNCTIONALITY OR
CHARACTERISTICS OF THE SERV]CES AND PRODUGTS PROVIDED BY
THE PARTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE. EXCEPT FOR THOSE WARRANTIES
EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY
STATUTE, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION,
AUTHORIry, OR NON-INFRINGEMENT WITH RESPECT TO THE
SERVICES, PRODUCTS, AND ANY OTHER !NFORMATION OR
MATERIALS EXCHANGED BY THE PARTIES UNDER THIS AGREEMENT.
NO REPRESENTATION OF STATEMENT MADE BY EITHER PARTY OR
ANY OF ITS AGENTS OR EMPLOYEES, ORAL OR WRITTEN, INCLUDING,
BUT NOT LIMITED TO, ANY SPECIFICATIONS, DESCRIPTION OR
STATEMENTS PROVIDED OR MADE SHALL BE BINDING UPON EITHER
PARTY AS A WARRANW.
Limitation of Liability; Disclaimer of Consequential Damages; Exceptions.
22.4.1 EXCEPTAS PROVIDED IN SECTION 22.4.2, NEITHER PARTY
WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL
DAMAGES SUFFERED BY THE OTHER PARTY (INCLUDING
WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS
REPUTATION, LOST REVENUES, LOST SAVINGS, OR LOST
PROFITS SUFFERED BY THE OTHER PARTY), REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT,
WARRANTY, STRICT LIABILIW, OR TORT, INCLUDING
WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND
WHETHER ACTIVE OR PASSIVE, AND REGARDLESS OF
WHETHER THE PARTIES KNEW OF THE POSSIBILITY THAT
SUCH DAMAGES COULD RESULT.
22.4.2 The limitation of liability under Section 22.4.1 does not apply to
the following:
a. lndemnificationunderSection22.l(a)(ii)-(vi);
b. Breach of any obligation of confidentiality referenced in
this Agreement;
c. Violation of security procedures;
d. Any breach by CLEC of any provision relating to CLEC's
access to or use of Operations Support Systems;
e. Failure to properly safeguard, or any misuse of,
customer data;
f. Statutory damages;
g. Liability for intentiona! or willful misconduct;
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h. Liability arising under any applicable CenturyLink Tariff;
i. Each Party's obligations under Section 21 of this
Agreement ("Law Enforcement');
j. lndemnity that arises under (or violation of a Party's
obligations that arise under) Section 22.5.2 of this
Agreement;
k. Section 32 of this Agreement; and/or
l. Liability arising under any indemnification provision
contained in a separate agreement or Tariff related to
provisioning of Directory Listing or Directory Assistance
Services.
Miscellaneous Limitations. ln addition to the general limitation of liability in this
Section 22,the following shall also !imit a Party's liability under this Agreement.
22.5.1 lnapplicability of Tariff Liability. Any general liability, as described
in a Party's local exchange or other Tariffs, does not extend to the
other Party, the other Party's End User(s), suppliers, agents,
employees, or any other thlrd parties. Liability of one Party to the
other Party resulting from any and all causes arising out of
services, facilities, UNEs or any other items relating to this
Agreement shal! be governed by the liability provisions contained
in this Agreement and no other liability whatsoever shall attach to
CenturyLink.
22.5.2 CLEC Contracts. CLEC shall include language in its future
contracts for services provided to third parties and its End Users
using products, services, facilities or UNEs obtained from
CenturyLink, provide that in no case shall CLEC's suppliers or
contractors (including CenturyLink) be liable for any indirect,
incidental, reliance, special, consequential or punitive damages,
including, but not limited to, economic loss or lost business or
profits, whether foreseeable or not, and regardless of notification
of the possibility of such damages, and CLEC shall indemnify,
defend and hold harmless CenturyLink and CenturyLink's
lndemnitee Group from any and al! claims, demands, causes of
action and liabilities by or to, CLEC's End Users, suppliers,
agents, employees, or any other third parties.
22.5.3 Nothing in this Agreement shal! be deemed to create a third-party
beneficiary relationship between a Party and any of the other
Party's End Users, suppliers, agents, employees, or any other
third parties.
22.5.4 No Liability for Errors. CenturyLink is not liable for mistakes in
their respective signaling networks (including but not limited to
signaling links and Signaling Transfer Points (STPs)) and cal!-
related databases (including but not limited to the Line
lnformation Database (LIDB), Toll Free Calling database, local
Number Portability database, Advanced lntelligent Network
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23.
databases, Calling Name database (CNAM), 911/E911
databases, and OS/DA databases).
22.5.5 CenturyLink shal! be liable for damage to or destruction of CLEC's
equipment located within a CenturyLink Premises only if such
damage or destruction is caused by CenturyLink's sole
negligence or willful misconduct.
SUBCONTRACTORS
23.1 A Party may use a contractor or service partner (including, but not Iimited to,
an Affiliate of the Party) to perform the Party's obligations under this
Agreement. A Party's use of a contractor or service partner shall not release
the Party from any duty or liability to fulfill the Party's obligations under this
Agreement.
INSURANCE
24.1 Without limiting the liabilities or indemnification obligations of the Parties, each
Party will, at its own cost and expense, maintain during the term of this
Agreement, such insurance as required hereunder. The insurance coverage
will be from a company, or companies, with an A.M. Best's rating of A-Vl! or
better and authorized to do business in each state where services are provided
under this Agreement. Each Party may obtain all insurance limits through any
combination of primary and excess or umbrella liability insurance. Each Party
wil! require its subcontractors to maintain proper insurance applicable to the
type and scope of work to be performed under this Agreement.
24.1.1 Commercia! General Liability with limits of not less than
$1,000,000 per occurrence and $2,000,000 aggregate for bodily
injury, property damage and personal and advertising injury
liability insurance to include coverage for contractual and
products/completed operations liability;
24.1.2 Business Auto liability, including all owned, non-owned and hired
automobiles, in an amount of not less than $1,000,000 combined
single limit per accident for bodily injury and property damage
liability;
24.1.3 Workers Compensation with statutory limits applicable in each
state where the services are performed including Employe/s
Liability with limits of not less than $1,000,000 per accident or
disease; and
24.1.4 Umbrella or excess liability in an amount not less than $5,000,000
per occurrence and aggregate in excess of the above-referenced
Commercial General, Business Auto and Employe/s Liability; and
24.2 Each Par$ shall list the other Party, its affiliates, subsidiaries, and parent, as
well as the officers, directors, employees and agents of al! such entities as
additiona! insureds on the policies described in subsections 24.1.1,24.1.2 and
24.1.4 above. The coverage described in 24.1.1 shal! be primary and not
contributory to insurance which may be maintained by the other Party subject
to Section 22 of this Agreement. Prior to commencement of services under
24.
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25.
26.
27.
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this Agreement, each Party wil! make available to the other Party evidence of
the insurance required herein. CenturyLink's evidence of insurance is available
at www.centurvlink.com/moi.
NON.EXCLUSIVE REMEDIES
25.1 Except as otherwise provided herein, all rights of termination, cancellation or
other remedies prescribed in this Agreement, or othenrise available, are
cumulative and are not intended to be exclusive of other remedies to which the
injured Party may be entitled to under this Agreement or at law or in equity in
case of any breach or threatened breach by the other Party of any provision of
this Agreement, and use of one or more remedies shall not bar use of any other
remedy for the purpose of enforcing the provisions of this Agreement.
RESERVATION OF RIGHTS
26.1 Notwithstanding anything to the contrary in this Agreement, neither Party
waives, and each Pafi hereby expressly reserves, its rights: (a) to appealor
otherwise seek the reversal of and changes in any arbitration decision
associated with this Agreement; (b) to seek changes in this Agreement
(including, but not Iimited to, changes in rates, charges and the services that
must be offered) through changes in Applicable Law; and, (c) to challenge the
lawfulness and propriety of and to seek to change, any Applicable Law,
including, but not limited to any rule, regulation, order or decision of the
Commission, the FCC, or a court of applicable jurisdiction. Nothing in this
Agreement shall be deemed to limit or prejudice any position a Party has taken
or may take before the Commission, the FCG, any other state or federal
regulatory or legislative bodies, courts of applicable jurisdiction, or industry
fora. The provisions of this Section shallsurvive the expiration, cancellation or
termination of this Agreement.
NOTICES
27.1 Any notices required by or concerning this Agreement shall be in writing and
shall be deemed to have been received as follows: (a) on the date of service
if served personally; (b) on the date three (3) Business Days after mailing if
delivered by First Class U.S. mail, postage prepaid; (c) on the date stated on
the receipt if delivered by certified U.S. mail, registered U.S. mail, overnight
courier or express delivery service with next Business Day delivery, or (d) on
the date of an email, when such notices are sent to the addresses specified
below.
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27.2 Notices conveyed pursuant to this Section shall be delivered to the following
addresses of the Parties or to such other address as either Pafi shall
designate by proper notice:
CenturyLink:
Director Sales Support
700 W MineralAve - Room MN D18.30
Littleton, CO 80120
Phone: 91&884-1392
Email: intaoree@centurvlink.com
With copy to CenturyLink at the address shown below:
CenturyLink Legal Department
Wholesale Interconnection
1025 Eldorado Blvd, lnterlocken 2000
Broomfield, CO 80021-8254
Phone: 30&992-5599
Emai!: Leqal. I nterconnection@centurvlink.com
CLEC at the address shown below:
Simwood lnc.
Attn: Thomas Hadden, COO
5016 Spedale Court, Suite 306
Spring Hill, TN 37174
Emai!: Thomas.hadden@simwood.com
Telephone: (61 5) 81+0102
REFERENCES
28.1 All references to Articles, Sections, attachments, Tables and the like shall be
deemed to be references to Articles, Sections, attachments and Tables of this
Agreement unless the context shall otheruise require.
RELATIONSHIP OF THE PARTIES
29.1 Nothing in this Agreement shall make either Party or a Parg's employee an
employee of the other, create a partnership, joint venture, or other similar
relationship between the Parties, or grant to either Party a license, franchise,
distributorship or similar interest.
29.2 Except for provisions herein expressly authorizing a Party to act for another
Party, nothing in this Agreement shall constitute a Party as a legal
representative or Agent of the other Party, nor shall a Pafi have the right or
authority to assume, create or incur any liability or any obligation of any kind,
express or implied, against, in the name or on behalf of the other Party unless
othenrise expressly permitted by such other Party in writing, which permission
may be granted or withheld by the other Party in its sole discretion.
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30.
29.3 Each Party shall have sole authority and responsibility to hire, fire,
compensate, supervise, and otherwise control its employees, Agents and
contractors. Each Party shall be solely responsible for payment of any Social
Security or other taxes that it is required by Applicable Law to pay in
conjunction with its employees, Agents and contractors, and for withholding
and remitting to the applicable taxing authorities any taxes that it is required by
Applicable Law to collect from its employees, including but not limited to Socia!
Security, unemployment, workers' compensation, disability insurance, and
federal and state withholding.
29.4 Except as provided by Section 23, the persons provided by each Party to
perform its obligations hereunder shall be solely that Party's employees and
shall be under the sole and exclusive direction and control of that Party. They
sha!! not be considered employees of the other Party for any purpose.
29.5 Except as otherwise expressly provided in this Agreement, no Party
undertakes to perform any obligation of the other Party, whether regulatory or
contractual, or to assume any responsibility for the management of the other
Party's business.
29.6 The relationship of the Parties under this Agreement is a non-exclusive
relationship.
SUCCESSORS AND ASSIGNS - BINDING EFFECT
30.1 This Agreement shall be binding on and inure to the benefit of the Parties and
their respective legalsuccessors and permitted assigns.
SURVIVAL
31.1 The rights, liabilities and obligations of a Party for acts or omissions occuning
prior to the expiration or termination of this Agreement, the rights, liabilities and
obligations of a Party under any provision of this Agreement regarding
confidential information (including but not limited to, Section 12), limitation or
exclusion of liability, indemnification or defense (including, but not limited to,
Section 22), and the rights, liabilities and obligations of a Party under any
provision of this Agreement which by its terms or nature is intended to continue
beyond or to be performed after the expiration, or termination of this
Agreement, shal! survive the expiration or termination of this Agreement.
TAXES/FEES
32.1 Any State or local excise, sales, or use taxes (defined in Sections 32.3
and 32.4) and fees/regulatory surcharges (defined in Section 32.5) 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 same is placed upon the other Party. The
collecting Party shall charge and collect from the obligated Party, and the
obligated Party agrees to pay to the collecting Party, all applicable taxes, or
fees/regulatory surcharges, except to the extent that the obligated Party
notifies the collecting Party and provides to the collecting Party appropriate
documentation as the collecting Party reasonably requires that qualifies the
obligated Party for a full or partia! exemption. Any such taxes shall be shown
as separate items on applicable billing documents between the Parties. The
obligated Pafi may contest the same in good faith, at its own expense, and
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33.
sha!! be entitled to the benefit of any refund or recovery, provided that such
Party shall not permit any lien to exist on any asset of the other Party by reason
of the contest. The collecting Party shall cooperate in any such contest by the
other Party. The other Party will indemnify the collecting Party from any sales
or use taxes that may be subsequently Ievied on payments by the other Party
to the collecting Party.
32.2 Notwithstanding anything to the contrary contained herein, CLEC is
responsible for furnishing tax exempt status information to CenturyLink at the
time of the execution of the Agreement. CLEC is also responsible for furnishing
any updates or changes in its tax exempt status to CenturyLink during the Term
of this Agreement. ln addition, CLEC is responsible for submitting and/or filing
tax exempt status information to the appropriate State, regulatory, municipality,
local governing, regulatory and/or legislative body. !t is expressly understood
and agreed that CLEC's representations to CenturyLink concerning the status
of CLEC's claimed tax exempt status, if any, and its impact on this Section 32
are subject to the indemnification provisions of Section 22, which, for purposes
of this Section, serve to indemnify CenturyLink.
32.3 Tax. A tax is defined as a charge which is statutorily imposed by the federal,
State or localjurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the purchaser and
the seller is responsible for remitting the charge(s) to the federal, State or local
jurisdiction or (b) imposed on the purchaserwith the seller having an obligation
to collect the charge(s) from the purchaser and remit the charge(s) to the
federal, State or local jurisdiction.
32.4 Taxes shall include but not be limited to: federalexcise tax, State/local sales
and use tax, Statefloca! utility user tax, Statefloca! telecommunication excise
tax, State/local gross receipts tax, and local school taxes. Taxes shall not
include income, income-like, gross receipts on the revenue of a Party or
propefi taxes. Taxes shall not include payro!! withholding taxes unless
specifically required by statute or ordinance.
32.5 Fees/Regulatory Surcharges. A fee/regulatory surcharge is defined as a
charge imposed by a regulatory authority, other agency, or resulting from a
contractual obligation, in which the seller is responsible or required to collect
the fee/surcharge from the purchaser and the seller is responsible for remitting
the charge to the regulatory authority, other agency, or contracting Party.
Fees/regulatory surcharges shall include but not be limited to E91 1/91 1, other
N11, franchise fees, and Commission surcharges.
TERRITORY
33.1 This Agreement applies to the territory in which CenturyLink operates as an
ILEC in the State. CenturyLink shall be obligated to provide services under
this Agreement only within this tenitory.
33.2 Notwithstanding any other provision of this Agreement, CenturyLink may
terminate this Agreement as to a specific operating tenitory or portion thereof
pursuant to Section 6.7 of this Agreement.
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35.
36.
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THIRD-PARW BENEFICIARIES
34.1 Except as expressly set forth in this Agreement, this Agreement is for the sole
benefit of the Parties and their permitted assigns, and nothing herein shall
create or be construed to provide any person or entity not a Party hereto
(including, but not limited to, customers or contractors of a Party) with any
rights (including, but not limited to, any third-party beneficiary rights) remedies,
claims or rights of action hereunder. Except as expressly set forth in this
Agreement, a Party shall have no liability under this Agreement to the
customers of the other Party or to any other third person.
USE OF SERVICE
35.1 Each Par$ shall make commercially reasonable efforts to ensure that its End
Users comply with the provisions of this Agreement (including, but not limited
to the provisions of applicable Tariffs) applicable to the use of services
purchased by it under this Agreement.
FEDERAL JURISDICTIONAL AREAS
36.1 To the extent that CenturyLink has contracts with federal entities in areas or
structures used for military purposes (Federal Enclaves) such Federal
Enclaves are not subject to the jurisdiction of the Commission, and the Parties
agree that Services provided within Federal Enclaves are not within the scope
of this Agreement.
WAIVER
37.1 Waiver by either Party of any Default by the other Pafi shall not be deemed a
waiver of any other Default. A failure or delay of either Party to enforce any of
the provisions of this Agreement, or any right or remedy available under this
Agreement or at law or in equity, or to require performance of any of the
provisions of this Agreement, or to exercise any option which is provided under
this Agreement, shall in no way be construed to be a waiver of such provisions,
rights, remedies or options, and the same shall continue in fullforce and effect.
WITHDRAWAL OF SERVICES
38.1 Notwithstanding anything contained in this Agreement, except as otherwise
required by Applicable Law, CenturyLink may terminate its offering and/or
provision of any particular service offering covered by this Agreement upon at
least thirty (30) Days prior written notice to CLEC.
TECHNOLOGY UPGRADES
39.'1 Notwithstanding any other provision of this Agreement, CenturyLink may
deploy, upgrade, migrate and maintain its network at its discretion. Nothing in
this Agreement shall limit CenturyLink's ability to modify its network through
the incorporation of new equipment or software or otherwise. CLEC shall be
solely responsible for the cost and activities associated with accommodating
such changes in its own network.
46
ARTICLE III. IMPLEMENTATION
The terms of this Article address the requirements for the implementation of this Agreement
between the Parties. Notwithstanding the above, to the extent permitted by Agreement terms and
Applicable Law, any terms in this Article may be invoked or otherwise remain applicable
subsequent to the initial implementation of this Agreement.
40. IMPLEMENTATION PLAN
40.1 This Agreement together with the Standard Practices and any Tariff terms
incorporated herein by reference, set forth the overall standards of
performance for the services, processes, and systems capabilities that the
Parties will provide to each other, and the intervals at which those services,
processes and capabilities will be provided. The Parties understand that the
arrangements and provision of services described in this Agreement shall
require technical and operational coordination between the Parties. To the
extent not otherwise specified or incorporated by reference herein, the Parties
agree to work cooperatively to identify those processes, guidelines,
specifications, standards and additional terms and conditions necessary to
support and satisfy the standards set forth in this Agreement and implement
each Party's obligations hereunder.
40.2 Dispute Resolution. lf the Parties are unable to agree upon any of the matters
to be included in the lmplementation Plan, then either Pafi may invoke the
procedures set forth in Section 15.
41. SECURITY DEPOSIT
41.1 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.
41.2 In the event of a material change in CLEC's financial condition subsequent to
the Effective Date of this Agreement, CenturyLink may request a security
deposit. A "material change in financial condition" means CLEC is a new CLEC
with no established credit histoU, or is a CLEC that has not established
satisfactory credit with CenturyLink, or the Party is repeatedly delinquent in
making lts 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 CLEC 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.
41.3 The deposit amount may not exceed the estimated tota! monthly charges for a
two (2) month period based upon recent or projected Billing. The deposit may
be adjusted by CLEC's actual monthly average charges, payment history
under this Agreement, or other relevant factors, but in no event will the 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
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43.
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.
41.4 CenturyLink may exercise its right to credit any cash deposit to CLEC'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:
41.4.1 when CLEC's undisputed balances due to CenturyLink are more
than thirty (30) Days past due; and/or
41.4.2 to the extent permitted by Applicable Laws, when CLEC files for
protection under the bankruptcy laws; and/or
41.4.3 to the extent permitted by Applicable Laws, when an involuntary
petition in bankruptcy is filed against CLEC and is not dismissed
within sixty (60) Days; and/or
41.4.4 when this Agreement expires or terminates.
41.5 lf any security deposit held by CenturyLink is applied as a credit toward
payment of CLEC's balances due to CenturyLink, then CenturyLink may
require CLEC 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 CLEC will be considered in breach of the Agreement.
41.6 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 CLEC's account or refunded, as appropriate, upon the earlier of
the expiration of the term of the Agreement or the establishment of satisfactory
creditwith CenturyLink, which wil! generally be one fullyear of timely payments
of undisputed amounts in full by CLEC. Upon a material change in financia!
standing, CLEC may request and CenturyLink will consider a recalculation of
the deposit. The fact that a deposit has been made does not relieve CLEC
from any requirements of this Agreement.
41.7 CenturyLink may review CLEC's credit standing and modify the amount of
deposit required but in no event will the maximum amount exceed the amount
stated hereinabove.
START.UP DOCUMENTATION
42.1 CLEC is required to submitto CenturyLink the CLEC Profile, and other required
documentation, as described in the process on the CenturyLink Wholesale
Website.
42.2 CLEC must provide documentation to CenturyLink establishing that it is a
certified local provider of Telephone Exchange Service in the State prior to
submitting orders or exchanging any traffic under this Agreement.
LETTER OF AUTHORIZATTON (LOA)
43.1 To the extent the Party has not previously done so, the Party shall execute a
blanket letter of authorization (LOA) with respect to customer requests to
change service providers or to permit the Party to view CPNI, such as pursuant
to the submission of a Customer Service Record (CSR) Search order, prior to
a request to change service providers.
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43.2
43.3
43.4
43.5
43.6
43.7
43.8
Each Party's access to CPNI of another Party's End User will be limited to
instances where the requesting Party has obtained from the End User the
appropriate authorization required under Applicable Law to change service
providers or release of CPNI.
The requesting Party is solely responsible for determining whether proper
authorization has been obtained and holds the other Party harmless from any
loss or liability on account of the requesting Party's failure to obtain proper
CPNI authorization from a customer.
The requesting Party must maintain records of all customer authorizations to
change service providers or release of CPNI in compliance with State and
federal law. Such documentation shall be kept in all cases, irrespective of
whether or not the prospective subscriber ultimately changes local service
providers. Such documentation shall be kept forthe minimum period specified
in 47 C.F.R. 564.1120(aXlXii).
For any prospective CLEC End User, CenturyLink shall provide CLEC with
access to that subscriber's CPNI and Customer Service Records (CSRs)
without requiring CLEC to produce an individually signed LOA prior to
changing service providers or releasing CPNI, providing Customer Service
Records (CSRs), or processing orders, subject to applicable rules, orders, and
decisions, and based on CLEC's blanket representation under the LOA that it
has obtained authorization from each such prospective End User to obtain
such CPNI, CSRs or submit such orders. These terms ln this Section sha!! be
reciprocalfor any prospective CenturyLink End User.
The provisioning of CPNI from CenturyLink to CLEC shall be accomplished
throug h the preordering Electronic I nterface.
!n the event a subscriber complains or other reasonable grounds exist, a Party
may request verification of subscriber authorizations. Documentation that a
Party is required to maintain under4T C.F.R. 564.1120 shal! be made available
to the other Party within three (3) Days of a written request for such documents.
Failure to produce proper documentation within three (3) Days of such request
shall be considered a material breach of this Agreement. lf a Party is in breach
of these requirements on multiple occasions, the other Party may discontinue
processing new Service Orders and/or disconnect any electronic preordering
interface until such failures have been substantially rectified and the Defaulting
Pafi has provided adequate assurances to the other Party that adequate
steps have been implemented to prevent ongoing problems with such records
compliance. The exercise of this alternative remedy shall not act as a waiver
of the right to terminate this Agreement under Section 6.6 if an ongoing Default
is not substantially rectified within the applicable timeframes.
Any dispute between the Parties with respect to their rights and obligations
under this Section shall be subject to the Dispute Resolution provisions of this
Agreement, and the Parties must attempt to resolve any dispute concerning
the validity of subscriber authorizations prior to filing a forma! complaint with
the Commission provided however, procedures and timeframes specified in
47 C.F.R S64.1 150 sha!! apply to any claims concerning unauthorized changes
in preferred carriers. lf a Party files a Complaint with the Commission to
resolve any such dispute, then while such proceeding is pending the other
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43.9
Party. shall not be entifled to exereise al(emative renedy under Sedisn 43.7
unless the Commission delermines othenrioe.
!n the case of any unauthorized canier ohange, CenturyLink will bill CLEC fifty
dollars ($50.00) per afiac'ted line in lieu of any additional charge in order to
compensate CenturyLink for swttching the End User bad< to the original LEC.
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ARTICLE IV. OPERATIONAL TERMS
STANDARD PRACTICES
44.1 Standard Practices may incorporate by reference various industry, OBF, and
other standards referred to throughout this Agreement.
44.2 lf CLEC desires notice of changes made to CenturyLink's Standard Practices,
CLEC may make such a request during the Agreement implementation
process or at any subsequent time during the term of this Agreement.
ESCALATION PROCEDURES
45.1 The Standard Practices outlines the escalation process which may be invoked
at any point in the Service Ordering, Provisioning, and Maintenance processes
to facilitate rapid and timely resolution of disputes.
CONTACT WTH END USERS
46.'l Each Party at a!!times shall be the primary contact and account controlfor all
interactions with its End Users, unless othenrise agreed to by the Parties. End
Users include active subscribers as well as those for whom Service Order
installations are pending.
46.2 CenturyLink shallhave no obligation, to accept a communication from a CLEC
End User, including, but not limited to, a CLEC End User request for repair or
maintenance of a CenturyLink service provided to CLEC.
46.3 Each Par$ shall update its own contact information and escalation list and shall
provide such information to the other Parg for purposes of inquiries regarding
the implementation of this Agreement. Each Party shal! accept all inquiries
from the other Pafi and provide a timely response. CenturyLink wi!! provide
and maintain its contact and escalation list on its CenturyLink Website.
46.4 The Parties will ensure that all representatives who receive inquiries regarding
the other Party's services shall provide appropriate referrals to potential
customers who inquire about the other Party's services or produc'ts. The
Parties shal! not in any way disparage or discriminate against the other Party
or that other Party's products and services, and shal! not solicit each others'
customers during such inquiries, provided however, a Party can answer
unsolicited customer questions about products and services of that Party.
46.5 The Parties will not use a request for End User information, order submission,
or any other aspect of its processes or services to aid its retail marketing or
sales efforts.
46.6 CenturyLink will provide training, on a non-discriminatory basis, for all
CenturyLink employees who may communicate, either by telephone or face-
to-face, with CLEC End Users. Such training sha!! include compliance with the
branding requirements of this Agreement including without limitation provisions
of forms, and unbranded Not at Home notices.
46.7 CenturyLink wil! recognize CLEG as the Subscriber of Record for all Network
Elements ordered by CLEC and willsend all notices, invoices, and information
which pertain to such ordered services directly to CLEC. CLEC will provide
CenturyLink with addresses to which CenturyLink will send all such notices,
invoices, and information.
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CAPACITY PLANNING AND FORECASTS
47.1 ForecastRequirementsforlnterconnection
47.1.1 Within thirty (30) Days from the Effective Date of this Agreement,
or as soon after the Effective Date as practicable, the Parties
agree to meet and develop joint planning and forecasting
responsibilities which are applicable to lnterconnection services.
CenturyLink may delay processing CLEC Service Orders should
CLEC not perform obligations as specified in this Section.
47.1.2 CLEC shall provide forecasts for traffic utilization over trunk
groups. Orders for trunks that exceed forecasted quantities for
forecasted locations will be accommodated as facilities and/or
equipment are available. CenturyLink shall make all reasonable
efforts and cooperate in good faith to develop alternative solutionsto accommodate orders when facilities are not available.
Company forecast information must be provided by CLEC to
CenturyLink twice a year. The initial trunk forecast meeting
should take place soon after the first implementation meeting. A
forecast should be provided at or prior to the first implementation
meeting.
47.2 Format and Content
47.2.1 Unless otherwise specified by CenturyLink, the forecasting forms
located on the CenturyLink Wholesale Website will be used by
CLEC for the requirements of this Section.
47.2.2 The joint planning process/negotiations should be completed
within two (2) months of the initiation of such discussion.
47.2.3 Description of major network projects that affect the other Party
will be provided in the semi-annual forecasts. Major network
projects include but are not limited to trunking or network
rearrangements, shifts in anticipated traffic patterns, or other
activities by CLEC that are reflected by a significant increase or
decrease in trunking demand for the following forecasting period.
47.2.4 Parties shall meet to review and reconcile the forecasts if
forecasts vary significantly.
47.3 Responsibility of Parties
47.3.1 The Parties agree to abide by the following if a forecast cannot be
agreed to: Loca! lnterconnection Trunk Groups will be
provisioned to the higher forecast. A blocking standard of one
percent (1%) during the average busy hour shall be maintained.
Should the Parties not agree upon the forecast, and the Parties
engineer facilities at the higher forecast, the Parties agree to
abide by the following:
a. ln the event that CLEC over-forecasts its trunking
requirements by twenty percent (2Oo/o) or more, and
CenturyLink acts upon this forecast to its detriment,
CenturyLink may recoup any actual and reasonable
expense it incurs.
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48.
b. The calculation of the twenty percent (2OYo) over-forecast
will be based on the number of DSI equivalents forthe tota!
trafftc volume exchanged between the Parties.
47.3.2 ln addition to the joint trunk group forecasting established in
Section 47.1, discussions to provide relief to existing facilities can
be initiated by either Party. Actual system augmentations will be
initiated upon mutua! agreement.
47.3.3 Both Parties will perform a joint validation to ensure current
lnterconnection Facilities and associated trunks have not been
over-provisioned. lf any facilities and/or associated trunks are
over-provisioned, they will be turned down where appropriate.
Trunk design blocking criteria described in Section 59.2.3 will be
used in determining trunk group sizing requirements and
forecasts.
47.3.4 lf, based on the forecasted equivalent DSI groMh, the existing
facilities are not projected to exhaust within one year, the Parties
will suspend further relief planning on this lnterconnection until a
date one (1) year prior to the projected exhaust date. lf growth
patterns change during the suspension period, either Party may
re-initiate the joint planning process.
47.3.5 Both Parties wil! negotiate a project service date and
corresponding work schedule to construct relief facilities prior to
facilities exhaust.
BONA FIDE REQUEST (BFR)
48.1 Through the BFR process, CLEC may request: (a) lnterconnection or acoess
to a Network Element CenturyLink is required to provide underApplicable Law,
but such lnterconnection or Network Element is new, undefined or otherwise
required to be provided but not available under the terms of this Agreement;
(b) access to facilities and equipment that are not Currently Available, or to
UNEs that are superior or inferior in quality than those that CenturyLink
provides to itself; and (c) certain other services, features, capabilities or
functionalities defined and agreed upon by the Parties as services to be
ordered via the BFR process.
48.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall
only be required to provide or continue to provide lnterconnection or UNEs
and/or other arrangements and services that CenturyLink is otherwise
obligated to provide under Applicable Law pursuant to the provisions of this
Agreement, including the BFR process. While CenturyLink may permit CLECto submit BFR requests for lnterconnection or Network Elements,
arrangements or services that CenturyLink is not obligated under Applicable
Law to provide, CenturyLink is not required to provide such lnterconnection or
Network Elements, arrangements or services, and CenturyLink may elect or
decline to provide same at its sole discretion.
48.3 Process
48.3.1 CLEC shall submit to CenturyLink a written BFR application
(Request), in a form to be provided by CenturyLink and as
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48.3.3
48.3.4
48.3.5
48.3.6
48.3.7
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published on CenturyLink's Website. The Request shall
specifically identiff relevant technical requirements and
descriptions, drawings, locations and/or any other such
specifications that are reasonably necessary to clearly define the
Request such that CenturyLink has sufficient information to
analyze and prepare a response.
lf fulfilling the request involves construction or engineering
analysis, CenturyLink will notiff CLEC in writing of the
requirement for construction or engineering analysis and
CenturyLink will not perform the analysis unless CLEC, at its
discretion, remits the non-refundable, non-recurring (NRC)
payment set forth in Table 1 to compensate CenturyLink for its
costs to perform the required analysis. CenturyLink shall have no
obligation to further evaluate the request, conduct any analysis or
prepare a price quote for the requested service unti! the non-
refundable NRC payment has been received.
CLEC may cancel a Request in writing at any time prior to
agreeing on price and availability in the fina! quote. CenturyLink
will then cease analysis and/or development of the Request.
However, CLEC will pay CenturyLink its reasonable and
demonstrable costs of processing and/or implementing the BFR
up to and including the date on which CenturyLink receives
CLEC's notice of cancellation if such costs are not already
covered in full by a previously submitted non-refundable NRC
payment.
CenturyLink shall acknowledge in writing the receipt of a Request
and shall identiff a single point of contact to process the Request
within ten (10) Business Days of CenturyLink's receipt of a
Request. lf any additional information is needed for a complete
and accurate Request then within fifteen (15) days receipt of the
initial Request, CenturyLink wil! give notice to CLEC of the need
for such additional information. CenturyLink will treat the date of
receipt of any such additiona! information as the new Request
date under this subparagraph and the same timeframes shall
thereafter apply.
Except under extraordinary circumstances, within thirty (30) Days
of its receipt of a complete and accurate Request, CenturyLink
will approve or deny the Request (Preliminary Analysis). lf
CenturyLink denies CLEC's Request, the Preliminary Analysis
will provide the reason(s) for such denial.
CLEC may accept or reject CenturyLink's PreliminaryAnalysis, at
its discretion. CLEC wil! provide written acceptance of the
Preliminary Analysis to CenturyLink within thirty (30) Days of its
receipt of the Preliminary Analysis or CLEC's Request will be
deemed to be cancelled.
Upon receiving CLEC's written acceptance and authorization of
the Preliminary Analysis, CenturyLink will proceed to develop a
Final Quote. The Final Quote shall contain a description of each
54
49.
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access arrangement or service to be provided, a tentative
availability date, the applicable rates, the installation intervals and
the terms and conditions under which access to the requested
Network Element, arrangement or service will be offered.
CenturyLink shall provide the Fina! Quote within ninety (90) Days
of receiving CLEC's written acceptance and authorization to the
Preliminary Analysis.
48.3.8 The availability date is dependent on when CLEC accepts the
Final Quote. CenturyLink shall make reasonable efforts to provide
an availability date that is within ninety (90) Days from the date it
receives CLEC's written FinalAcceptance as described below in
Section 48.3.9. lf CenturyLink cannot complete the BFR within
ninety (90) Days of receiving CLEC's Final Acceptance,
CenturyLink and CLEC will then determine a mutually agreeable
availability date.
48.3.9 Within thirty (30) Days of receipt of the Final Quote, or additional
time as may be mutually agreed by the Parties, CLEC must either
(a) confirm or cancel its Request in writing (FinalAcceptance), or
(b) submit any disputed issues with the Final Quote for dispute
resolution pursuant to Section 15. CLEC's written acceptance
must include payment of one-hundred percent (100%) of the
quoted costs.
ORDERING AND PROVISIONING
49.1 National Exchange Access Center (NEAC)
49.1.1 CenturyLink shall provide a NEAC or equivalent which shall serve
as CLEG's point of contactfor all activities involved in the ordering
and provisioning of CenturyLink's Unbundled Network Elements,
features, and functions.
49.1.2 The NEAC shall provide to CLEC a nationwide telephone number
answered during its normal office hours by competent,
knowledgeable personnel trained to answer questions and
resolve problems in connection with the ordering and provisioning
of Unbundled Network Elements (except those associated with
local trunking lnterconnection), features, functions and
capabilities.
49.1.3 CenturyLink shall provide, as requested by CLEC, through the
NEAC, provisioning and Premises visit installation support in the
form of coordinated scheduling, status, and dispatch capabilities
during CenturyLink's standard business hours, unless the Parties
agree otherwise.
49.2 NationalAccess Service Center (NASC)
49.2.1 CenturyLink shall provide a NASC or equivalent which shal! serve
as CLEC's point of contact for al! activities involved in the ordering
and provision i ng of CenturyLink's I nterconnection services.
55
49.3
49.4
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Ordering and Provisioning
49.3.1 CenturyLink will provide necessary ordering and provisioning
business process support as wel! as those technicaland systems
interfaces as may be required to enable CLEC to order
Unbundled Network Elements. !f CenturyLink deploys any
enhanced electronic capability CenturyLink wi!! notify CLEC of
availability and CLEC shall use the processes for performing
transaction(s) to the extent practicable and the use of any other
interface or process wil! be discontinued.
49.3.2 The Parties agree that orders for services under this Agreement
will not be submifted or accepted unti! after the completion of all
account establishment activities, including but not limited to, the
documents and information subscribed in Section42.1, unless
the Parties mutually agree upon a different date based on the
specific circumstances of the Parties' relationship.
49.3.3 lntentionally Left Blank.
49.3.4 CenturyLink will provide provisioning intervals and procedures for
design and complex services on a nondiscriminatory basis.
Complex Service Order charges pursuant to Tariff terms may
apply.
49.3.5 Where Technically Feasible, the NEAC wi!! coordinate support for
alldesigned and/or complex services provided to CLEC.
49.3.6 To the extent required by Applicable Law, and upon request from
CLEC, employing CenturyLink's LSR, CenturyLink will provide
blocking of 700, 900, and 976 services, or other services of similar
type as may now exist or be developed in the future, and shall
provide Billed Number Screening (BNS), including required LIDB
updates, or equivalent service for blocking completion of bill-to-
third party and collect calls, on a Iine, PBX, or individual service
basis. Blocking shall be provided to the extent it is Technically
Feasible when requested by CLEC as a function of Unbundled
Network Elements.
49.3.7 lntentionally Left Blank.
49.3.8 The standard Service Order charges as listed in the Table 1 of
this Agreement shall apply to all orders.
Pre'qualification of Lines
49.4.1 CenturyLink will accept line pre-qualification requests as follows:
49.4.2 CLEC will submit a Line Pre-Qualification Request using the
CenturyLink order submission process. Each order is limited to a
maximum of seven (7) lines. Each line must be identified by the
following:
a. Customer Telephone Number
b. Customer Address
c. Customer Name
56
49.5
49.5.2
49.5.3
49.5.4
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49.4.3 CenturyLink will acknowledge receipt of the request or reject the
request and give reasons therefore within twenty-four (24)
Business Day hours. Within three (3) Days of receiving a
complete and accurate request, CenturyLink will report by email
the following data on the line(s): length of loop, number of load
coils, and number of bridge taps.
49.4.4 CLEC shal! pay the pre-qualification order price set forth in
Table 1 for each submifted order.
49.4.5 Pre.qualification requests are submitted at CLEC's sole
discretion. CenturyLink bears no liability for line quality or the
ability of a line to meet CLEC's needs where CLEC has submitted
an order without having the line pre-qualified.
Service Order Process Requirements
49.5.1 CenturyLink wil! accept orders for As-ls Transfer of services from
CenturyLink to CLEC where CenturyLink is the End User's
current local exchange carrier. See definition for'As-ls Transfer
of Service.
lntentionally Left Blank.
lntentionally Left Blank.
49.5.5
Subject only to any system limitation noted in CenturyLink's
Standard Practices, Mu ltiple Worki ng Telephone N um bers (WTN)
may be included in one order provided the numbers are for the
same customer at a specific location.
ln situations where CLEC has the use of the facilities (i.e., Local
Loop) to a specific customer Premises through the lease of the
Loca! Loop as an Unbundled Network Element, and CenturyLink
receives a good faith request for service from a customer at the
same Premises or from another carrier with the appropriate
customer authorization, the procedures belowwill apply.
CenturyLink will follow methods prescribed by the FCC and any
applicable State regulation for carrier change verification.
Where CLEC is using a single facility to provide service to multiple
End Users, CenturyLink will not disconnect that facility as a result
of the following procedures.
When CLEC submits an order for an End User that is changing
local service providers for existing service, and is not adding
service (i.e., an additional line), CenturyLink will process the
service request without delay, and provide the losing competitive
LEC a customer loss notification consistent with industry
standards.
When an order is submitted for an End User adding service to
existing seruice (i.e., an additional line), the order should be
marked as an additional line and existing facilities will not be
affected.
lntentionally Left Blank.
49.5.6
49.5.7
49.5.8
49.5.9
49.5.10
57
49.5.11
49.5.12
49.6 Abandoned Service
49.6.1
49.6.2
49.6.3
49.6.4
49.7 Due Date
49.7.1
49.7.2
49.7.3
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CenturyLink shal! provide unbranded intercept treatment and
transfer of service announcements to CLEC's End Users.
CenturyLink shall provide such treatment and transfer of service
announcement in accordance with local Tariffs and as provided
to similarly situated CenturyLink End Users for all service
disconnects, suspensions, or transfers.
For services provided through UNEs, CenturyLink shall recognize
CLEC as an agent, in accordance with OBF developed
processes, for the End User in coordinating the disconnection of
services provided by another CLEC or CenturyLink. ln addition,
CenturyLink and CLEC will work cooperatively to minimize
service interruptions during the conversion.
Abandoned service occurs when an End User vacates Premises
without notifying the loca! service provider and a new End User
moves into the vacated Premises and orders service from a loca!
service provider and neither CenturyLink nor the previous loca!
service provider are aware that the original End User has
abandoned the service in place.
When a carrier requests service at a location and marks the order
as abandoned and CLEC is the previous local service provider,
CenturyLink shall notify CLEC that it has had a requestfor service
at the Premises that is currently being served by CLEC.
!f available to CenturyLink, CenturyLink shall include the name
and address of the End User receiving service at such Premises,
but at a minimum shall provide local service address information.
lf CLEC does not respond within twenty-four (24) hours
(excluding weekends and holidays) after receiving CenturyLink's
notification or if CLEC responds relinquishing the facilities,
CenturyLink shall be free to use the facilities in question and
CenturyLink shall issue a disconnect order with respect to the
service at that location. lf CLEC responds stating that the service
is working and should not be disconnected, CenturyLink will notify
the carrier ordering service and request verification of the
Premises or the submission of an order for an additional line.
CenturyLink shallsupply CLEC with due date intervals to be used
by CLEC personnelto determine service installation dates.
The ordering process and standard provisioning intervals
applicable to Unbundled Network Elements are set forth on the
CenturyLink Website, and such process and intervals shall apply.
CenturyLink shall use reasonable efforts to complete orders by
CLEC requested due date within agreed upon intervals.
58
49.8 Coordination Requests
49.8.1 CenturyLink will provide ordering and provisioning coordination
services during the business hours specified on its Website,
through the NEAC, at the charges specified in Table 1.
49.8.2 For subscriber conversions requiring coordinated cut-over
activities, on a per order basis, CenturyLink and CLEC willagree
on a scheduled conversion time, which will be a designated time
period within a designated date, and wi!! be dependent upon the
availability of CenturyLink resources.
49.8.3 Any request made by CLEC to coordinate conversions after
normal working hours, or on Saturdays or Sundays or
CenturyLink holidays shall be performed at CLEC's request and
expense. Coordination requests outside of normal business
hou rs/weekends wi l! incu r additional charges.
49.8.4 CenturyLink will perform al! of its standard pre-service testing
prior to the completion of the Service Order. Subject to the terms
of this Agreement, CenturyLink is responsible only for the
installation, operation and maintenance of the UNEs it provides.
CenturyLink is not othenrise responsible for the
Telecommunications Services provided by CLEC through the use
of those Network Elements.
49.8.5 Upon CLEC's request, CenturyLink shall suspend or restore the
functionality of any Network Element, feature and function to
which suspend/restore is applicable.
49.8.6 Upon completion of the requests submitted by CLEC,
CenturyLink shall provide to CLEC a completion notification.
49.9 Subscriber Premises lnspections and lnstallations
49.9.1 CLEC shall perform or contract for all CLEC's needs
assessments, including equipment and installation requirements
required beyond the Demarcation PoinUNlD, located at the
subscriber Premises.
49.10 Firm Order Confirmation (FOC)
49.10.1 CenturyLink shall provide to CLEC, a Firm Order Confirmation
(FOC) for each CLEC order. The FOC shall contain the
appropriate data elements as defined by the OBF standards.
49.10.2 For a revised FOC, CenturyLink shall provide standard detai! as
defined by the OBF standards.
49.10.3 CenturyLink shal! provide to CLEC the date that service is
scheduled to be installed.
49.11 Order Rejections
49.11.1 CenturyLink shall reject and return to CLEC any order that
CenturyLink cannot provision, due to technical reasons, missing
information, or jeopardy conditions resulting from CLEC ordering
service at less than the standard order interval.
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49.11.2 When an order is rejected, CenturyLink will, in its reject
notification, describe the existing reasons for which the order was
rejected.
49.12 Service Order Charges
49.12.1 lf an installation or other CLEC ordered work requires a change
from the originalCLEC Service Order in any manner, CLEC shall
initiate a revised Service Order. lf requested by CLEC,
CenturyLink will provide CLEC an estimate of additional labor
hours and/or materials. This is not available for interconnection
Service Orders submitted via ASR.
49J22 lf a CLEC End User requests a change, CenturyLink, wi!!, at that
time, direct the End User to contact CLEC, and CLEC should
initiate a new Service Order to have additionalwork performed.
49.12.3 When an End User changes or withdraws authorization, each
Party shall release customer-specific facilities and/or cance!
orders in progress in accordance with the End User's direction or
the direction of the End User's authorized agent.
49.13 lntentionally Left Blank
49.14 NumberAdministration/NumberReservation
49.14.1 CenturyLink shall provide CLEC with the ability to obtain
telephone numbers while a subscriber is on the phone with CLEC.
When CLEC uses numbersfrom a CenturyLink NXX, CenturyLink
shall provide the same range of number choices to CLEC,
including choice of exchange number, as CenturyLink provides
its own subscribers. Reservation and aging of CenturyLink NXXs
shall remain CenturyLink's responsibility.
49.14.2 ln conjunction with an order for service, CenturyLink shall accept
CLEC orders for blocks of numbers for use with complex services
including, but not limited to, DID and Hunting arrangements, as
requested by CLEC.
49.14.3 Consistent with the manner in which CenturyLink provides
numbers to its own subscribers, no telephone number
assignment is guaranteed until service has been installed.
49.14.4 CenturyLink shall provide testing and loading of CLEC's NXX on
the same basis as CenturyLink provides itself or its Affiliates.
49.15 Cancellations
49.15.1 CenturyLink may cancel orders for service that have had no
activity within thirty-one (31) consecutive Days after the original
service request date. Certain complex UNEs and UNEs requiring
facility build-outs that may take longer than thirty-one (31) Days
to provision will be excluded from this provision.
49.16 Discontinuance of Service (Snap-back Provision)
49.16.1 lf CLEC proposes to discontinue, or actually discontinues, its
provision of service to al! or substantially all of its customers,
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50.
whether voluntarily, as a result of bankruptcy, or for any other
reason, CLEC shall send written notice of such discontinuation to
CenturyLink, the Commission, and each of CLEC's End Users.
CLEC shall provide notice in advance of discontinuation of its
service as required by Applicable Law. Unless the period for
advance notice of discontinuation of service required by
Applicable Law is more than thirty (30) Days, to the extent
commercially feasible, CLEC shall send such notice at least
thirty (30) Days prior to its discontinuation of service.
49.16.2 Such notice must advise each CLEC End Userthat, unless action
is taken by the End User to switch to a different carrier prior to
CLEC's proposed discontinuation of service, the End User will be
without the service.
49.16.3 Should a CLEC End User subsequently become a CenturyLink
customer, CLEC shall provide CenturyLink with all information
necessary for CenturyLink to establish service for the CLEC End
User, including, but not limited to, CLEC End User's billed name,
listed name, service address, and billing address, and the
services being provided to CLEC End Users.
49.17 Nothing in this Section shall limit CenturyLink's right to cancel orterminate this
Agreement under Section 6 or to suspend provision of services under
Section 8 of this Agreement.
UNIVERSAL SERVICE FUND
50.1 ln order to collect the costs of CenturyLink's contribution to the Federal
Universal Service Fund (FUSF) in an equitable manner, CenturyLink's End
Users are charged a Federal Universal Service Charge (FUSC).
50.2 To comply with FCC rules regarding the funding of Universal Service, CLEC is
required to complete the form entitled "CERTIFICATION OF FEDERAL
UNIVERSAL SERVICE FUND CONTRIBUTION STATUS' provided by
CenturyLink in order to obtain an exemption from paying the FUSC to
CenturyLink. ln addition, CLEC agrees to provide CenturyLink with an updated
annual certification, no later than February 1 of each calendar year, so that
CenturyLink may ensure that it continues to accurately report its revenues for
FUSF contribution purposes.
50.2.1 lt is expressly understood and agreed by the Parties that CLEC's
provision to CenturyLink of evidence concerning its making
adequate payments into the FUSF, and CLEG's representationsto CenturyLink in connection therewith, are subject to the
indemnification provisions of Section22, which, for purposes of
this Section, serve to indemnify CenturyLink.
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51
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BILLING AND PAYMENTS'DISPUTED AMOUNTS
51.1 !n consideration of the servaces provided by CenturyLink underthis Agreement,
CLEC shall pay the charges set forth in this Agreement, subject to change in
law and to the dispute provisions provided herein. CenturyLink may limit or
modify the form(s) of payment that will be accepted from time to time.
CenturyLink will not accept card payments (e.9., crediUdebiUATM cards) or any
form of payment that reduces the net amount received by CenturyLink.
51.2 CLEC must choose a primary media option for invoices. lf no bill media option
is selected, the primary will default to paper. The primary media option is
provided at no charge. !f a second media option is chosen, then an applicable
charge will be assessed at the rate reflected in CenturyLink's appropriate FCC
Tariff. lf CLEC requests additional copies of the monthly invoice, CenturyLink
may also bill CLEC for the additional copies. The procedures and limitations
governing bill media, including the availability of secondary media and Bill
Media Request Forms, are set forth in CenturyLink's Bill Media Guide.
51.3 Recurring Charges, other than Usage Charges, for Telecommunications
Services provided hereunder are applied on a monthly basis. For billing and
crediting purposes, a month is presumed to have thirty (30) Days, regardless
of the actual Days in a given month.
51.4 Charges for physical facilities and other non-usage sensitive charges shall be
billed in advance, except for charges and credits associated with the initial or
final bills. Usage sensitive charges, such as charges for termination of Local
Traffic, shall be billed in arears.
51.5 To the extent that CLEC orders blocking, CLEC is responsible for blocking
charges. !f blocking services are not ordered, CLEC will be responsible for all
charges for 700, 900, and 976 services, or other services of similar type made
by CLECs End Users.
51.6 Billing Specifications
51.6.1 The Parties agree that billing requirements and outputs will be
consistent with the Ordering & Billing Form (OBF) and also with
Telcordia Technologies now iconectiv Billing Output
Specifications (BOS).
51.6.2 Usage Measurement: Usage measurement for calls shall begin
when answer supervision or equivalent Signaling System 7 (SS7)
message is received from the terminating office and shal! end at
the time of call disconnect by the calling or called subscriber,
whichever occurs first.
51.6.3 At the end of the billing period, any remaining fraction shal! be
rounded up to the nearest whole minute to arrive at total billable
minutes. MOU shal! be collected and measured in minutes,
seconds, and tenths ofseconds.
62
51.7
51.8
51.9
51.10
51.11
51.12
51.13
51.14
51.6.4 Each Party shall calculate terminating MOUs based on standard
AMA recordings made within each Party's network, these
recordings being necessary for each Party to generate bills to the
other Party. ln the event either Party cannot measure minutes
terminating on its network where Technically Feasible, the other
Party sha!! provide the measuring mechanism or the Parties sha!!
othenrise agree on an alternate arrangement.
Billing for Access Services will be in conformance with Multiple Exchange
Carrier Access Billing (MECAB) guidelines and Multiple Exchange Carriers
Ordering and Design Guidelines for Access Services-lndustry Support
lnterface (MECOD). The Parties will exchange Billing Account Reference and
Bill Account Cross Reference information and will coordinate initia! and
subsequent billing cycles. CenturyLink will provide CLEC the appropriate
records to bil! Exchange Access charges to the lXC. CenturyLink will capture
records for inward terminating calls and send them to CLEC, as appropriate,
via CenturyLink's standard processes. Upon CenturyLink's request, CLEC wil!
provide CenturyLink the appropriate records to bill Switched Access Service
charges to lXCs. CLEC will capture records for inward terminating calls and
send them to CenturyLink, as appropriate, in an agreed upon process.
Upon request by CLEC and to the extent CenturyLink is providing cal! records
for Transit Traffic to other terminating providers served by the same Tandem,
CenturyLink will also provide such records to CLEC.
CenturyLink will bill CLEC for message provisioning and, if applicable, data
tape charges related to Exchange Access traffic and Transit Traffic records.
CenturyLink wil! bill CLEC for the records at the rates on Table 1. lf CLEC
requests additiona! copies of the monthly invoice, CenturyLink may also bill
CLEC for the additional copies.
The Parties will bill each other in a timely manner. lf CLEC requests additional
copies of the monthly invoice, CenturyLink may also bill CLEC for the additional
copies.
Except for billing pursuant to a Section 15 Dispute Resolution process
determination, neither Party will initiate credit claims or bill the other Party for
previously unbilled, under-billed or over-billed charges for services under this
Agreement that were provided more than twenty-four (24) months prior to the
applicable most recent Bill Date, unless a longer period is warranted as a result
of fraud, concealment or other similar circumstances.
Except as otherwise provided in this Agreement, payment of amounts billed for
services provided under this Agreement shall be in immediately available U.S.
funds, and shall be due by the Bill Due Date.
lf the Bill Due Date is a Saturday, Sunday, or has been designated a Federa!
or bank holiday, payment is due by the next Business Day.
Any undisputed amount not received by the billing Party by the Bill Due Date,
shall be assessed a late payment charge on the past due balance. The billed
Party agrees to pay a late payment charge of one and one-half percent (1.5o/o),
compounded monthly, provided however, that the billing Party shall not charge
a late fee which exceeds the maximum amount permitted under any Applicable
Laws. Such late payment charges shall be included on the next billing invoice.
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51.15
51.16
51.17
51.18
51.19
lf any portion of an amount billed under this Agreement is subject to a good
faith dispute between the Parties, the billed Party shall give written notice to
the billing Party of the amounts it disputes (Disputed Amounts) and shall
include in such notice specific details and reasons for disputing each item.
Such written notice shall be submitted in accordance with the process for
submitting billing dispute claims setforth on the CenturyLinkwebsite. Disputed
billing claims shall be submitted no later than the Bill Due Date.
51 .15.1 lf the billed Party disputes charges after the Bill Due Date and has
not paid such charges, such charges shall be subject to late
payment charges.
51.15.2 Payment of billed amounts that are subsequently disputed after
the Bill due Date, or which become the subject of a request for
adjustment shall not constitute or be deemed to represent a
waiver of such Party's right to submit a dispute or seek an
adjustment of such Party's account with respect to such paid
amounts, and the paying Party shal! not be required to designate
any such payment as "conditional' or "under protest" in order to
submit a dispute or seek a subsequent adjustment with respect
to amounts which have previously been paid.
lf a disputed charge is resolved in favor of the Billing Party, the billed Party
shall pay the disputed charges and any applicable late payment charges in full
no later than the next Bill Due Date following resolution of the dispute.
lf the dispute is resolved in favor of the billed Party, the Billing Party will adjust
the Billing after the resolution of the dispute and will credit the Billed Party for
the granted disputed charges and any associated billed late payment charges.
!f the Parties cannot resolve the dispute within ninety (90) Days of the written
notice of dispute, either Party may give written notice to the other Party
exercising the right to escalate the dispute pursuant to the dispute Resolution
Section of this Agreement.
51.18.1 lf the Parties cannot resolve the dispute within ninety (90) Days
of the written notice of dispute, and the Billed Party does not
provide written notice of escalation of the dispute within such
timeframe, the billed Partywaives its alleged entitlementto and/or
right to withhold such Disputed Amount and all withheld amounts,
including accumulated late payment charges, becomes
immediately due.
Notwithstanding Sections51.18 and 51.18.1, if the billing Party provides
written notice to the billed Party that a billing dispute has been denied, stating
the grounds for such determination, then the billed Party shall have thirty (30)
Days in which to either pay the Disputed Amounts or to give written notice to
the other Party exercising the right to escalate the dispute pursuant to the
Dispute Resolution Section of this Agreement. Such notice may be
accompanied by any additiona!, relevant materials submitted by CLEC. lf the
billed Pafi fails to give written notice exercising the right to escalate the
dispute within the thirty (30) Days of the notice date of the written denial of a
dispute, the billed Party waives its alleged entitlement to and/or right to withhold
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51.20
51.21
51.22
such Disputed Amounts and allwithheld amounts, including accumulated late
payment charges become immediately due.
51 .19.1 Failure by the billed Party to give written notice exercising the right
to escalate a dispute pursuant to the Dispute Resolution Sectionof this Agreement. following a notice of denial under
Section51.19 shal! also preclude the Party from thereafter
requesting an escalation of the same dispute under the Dispute
Resolution Section of this Agreement.
51.19.2 Failure by the billed Party to make a timely response to a notice
of denial under Section 51.19 shall result in lifting the suspension
of the payment due date for such disputed invoice, and the
possible assessment of late charges and suspension or
termination of service for non-payment of billed amount in
accordance with this Section 51.
Both CLEC and CenturyLink agree to expedite the investigation of any
Disputed amounts, promptly provide all documentation regarding the amount
disputed that is reasonably requested by the other Party, and work in good
faith in an effort to resolve and settle the dispute through informal means prior
to escalating the billing dispute pursuant to the Dispute Resolution Section of
this Agreement.
A billing dispute which has been resolved by a written settlement agreement
between the Parties may not be resubmitted under the dispute resolution
process.
Effect of Non-Payment
51.22.1 lf the billed Party does not pay all undisputed charges by the Bill
Due Date, the billing Party may discontinue processing orders for
services provided under this Agreement and may invoke the
Defauft provisions of Section 6.6 on or after the tenth (1Oth) Day
following the Bill Due Date provided the billing Party notifies the
other Party in writing, via email or certified mail, at least flve (5)
Days prior to discontinuing the processing of orders. !f the billing
Party continues to accept additiona! orders for service(s) after the
date specified in such notice, and the billed Party's non-
compliance continues, nothing contained herein shall preclude
the billing Partyfrom refusing to accept any or alladditional orders
for service(s) 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 past and current undisputed charges
under this Agreement. Additionally, the billing Pafi may require
a deposit or assurance of payment (or additiona! deposit or
assurance of payment) from the billed Party, pursuant to
Section 41.
51.22.2 Notwithstanding Section51.22.1 above, if the billed Party does
not pay all undisputed charges on a bill by the Bill Due Date, the
billing Party may at its option disconnect any and all relevant or
related services provided under this Agreement on or after the
thirtieth (30th) day following the Bill Due Date after providing
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51.22.3
written notification to the billed Par$ at least seven (7) Business
Days prior to disconnection of the unpaid service(s). Such
notification may be included in a notification to refuse to accept
additional orders pursuant to Section 51.22.1 so long as the
appropriate dates for each consequence are listed therein. lf the
services are disconnected and the billed Party subsequently pays
all such undisputed charges and desires to reconnect any such
disconnected services, the billed Party sha!! pay the applicable
charge set forth in this Agreement or in the applicable Tariff for
reconnecting each service disconnected pursuant to this
paragraph. ln case of such disconnection, all applicable
undisputed charges, including termination charges, shall become
due and payable. lf the billing Pafi does not disconnect the billed
Party's service(s) on the date specified in such notice, and the
billed Party's non-compliance continues, nothing contained
herein shall preclude the billing Party from disconnecting all
service(s) of the non-complying Party without further notice or
from billing and collecting the appropriate charges from the billed
Party. Additionally, the billing Pafi may require a deposit or
assurance of payment (or additional deposit or assurance of
payment) from the billed Party, pursuant to Section 41.
Notwithstanding Sections 51.22.1and 51 .22.2above, if the billing
Party is forced to undertake collection efforts for undisputed,
Defaulted or post-termination amounts outstanding or for
Disputed Amounts that have been resolved in the billing Party's
favor, the billed Pafi is liable for reimbursement to the billing
Party for any and al! costs associated with the collection of such
a debt, including but not limited to collection agency fees and lega!
fees.
52.AUDITS
52.1
52.2
Each Party to this Agreement will be responsible for the accuracy and quality
of its data as submitted to the other Party involved. Subject to each Party's
reasonable security requirements and except as may be otherwise specifically
provided in this Agreement, either Party, at its own expense, may audit the
other Party's books, records and other documents directly related to billing and
invoicing once in any twelve (12) month period for the purpose of evaluating
the accuracy of the other Party's billing and invoicing. Audit shall mean a
comprehensive review of bills for services performed under this Agreement;
Examination shall mean an inquiry into a specific element of or process related
to bills for services performed under this Agreement. Either Party (the
Requesting Party) may perform one (1) Audit per twelve (12) month period
commencing with the Effective Date, with the assistance of the other Party,
which will not be unreasonably withheld. The Audit period will include no more
than the preceding twenty-four (24) month period as of the date of the Audit
request. The Requesting Party may perform Examinations, as it deems
necessary, with the assistance of the other Party, which wil! not be
unreasonably withheld.
Upon thirty (30) Days written notice by the Requesting Party to Audited Party,
Requesting Party shall have the right through its authorized representative to
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53.
make an Audit, during normal business hours, of any records, accounts and
processes which contain information bearing upon the billing and invoicing of
the services provided under this Agreement. Within the above-described
thirty (30) Day period, the Parties shall reasonably agree upon the scope of the
Audit or Examination, the documents and processes to be reviewed, and the
time, place and manner in which the Audit or Examination shall be performed.
Audited Party agrees to provide Audit or Examination support, including
appropriate access to and use of Audited Party's facilities (e.9.: conference
rooms, telephones, copying machines).
52.3 Each Party shall bear its own expenses in connection with the conduct of the
Audit or Examination. The reasonable cost of special data extraction required
by the Requesting Pafi to conduct the Audit or Examination will be paid for by
the Requesting Party. For purposes of this Section, a Special Data Extraction
shall mean the creation of an output record or informationa! report (from
existing data files) that is not created in the normal course of business. lf any
program is developed to Requesting Party's specifications and at Requesting
Party's expense, Requesting Party shall specify at the time of request whether
the program is to be retained by Audited Party for reuse for any subsequent
Audit or Examination.
52.4 Adjustments based on the audit findings may be applied to the twenty-four (24)
month period included in the audit. Adjustments, credits or payments shal! be
made and any corrective action shall commence within thirty (30) Days from
the requesting Party's receipt of the final audit report to compensate for any
errors or omissions which are disclosed by such Audit or Examination and are
agreed to by the Parties.
52.5 Neither such right to examine and audit nor the right to receive an adjustment
shall be affected by any statement to the contrary appearing on checks or
otherwise, unless such statement expressly waiving such right appears in
writing, is signed by the authorized representative of the Party having such
right and is delivered to the other Party in a manner sanctioned by this
Agreement.
52.6 On thirty (30) Days'written notice, each Party must provide the otherthe ability
and opportunity to conduct an annua! audit to ensure the proper routing and
billing of traffic. These audits may encompass all traffic or any subset type of
traffic at the initiator's option.
52.7 This Section shall survive expiration or termination of this Agreement for a
period of one (1) year after expiration or termination of this Agreement.
CENTURYLINK OSS INFORMATION
53.1 Subject to the provisions of this Agreement and Applicable Law, CLEC shall
have a limited, revocable, non-transferable, non-exclusive right to use
CenturyLink OSS lnformation during the term of this Agreement, for CLEC's
internal use for the provision of Telecommunications Services to CLEC End
Users in the State.
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53.2
53.3
All CenturyLink OSS lnformation shal! at all times remain the property of
CenturyLink. Except as expressly stated in this Article, CLEC shall acquire no
rights in or to any CenturyLink OSS lnformation. CenturyLink reserves all
rights not expressly granted herein.
53.2.1 CLEC shall treat CenturyLink OSS lnformation as Confidential
lnformation of CenturyLink pursuant to Section 12.
53.2.2 CLEC shall not have any right or license to grant sublicenses to
other persons, or grant permission to other persons (except
CLEC's employees, agents or contractors, in accordance with
Section 53.2.3 below), to access, use or disclose CenturyLink
OSS !nformation, except as provided in Section 53.2.3 below.
53.2.3 CLEC's employees, agents and contractors may access, use and
disclose CenturyLink OSS lnformation only to the extent
necessary for CLEC's access to, and use and disclosure of,
CenturyLink OSS lnformation permitted by this Article. Any
access to, or use or disclosure of, CenturyLink OSS lnformation
by CLEC's employees, agents or contractors, shal! be subject to
the provisions of this Agreement, including, but not limited to,
Section 12 and Sections 53.2.1 and 53.2.2 above. CLEC shall
ensure that its employees, agents, and contractors comply with
all provisions herein relating to access to and use of CenturyLink
OSS lnformation.
Unless sooner terminated or suspended in accordance with the Agreement or
this Article (including, but not limited to Sections 6, 51 and 53.7.1 below),
CLEC's access to, and use of, CenturyLink OSS lnformation through
CenturyLink OSS Services shall terminate upon the expiration or termination
of the Agreement.
53.3.1 CenturyLink shall have the right (but not the obligation) to audit
CLEC to ascertain whether CLEC is complying with the
requirements of Applicable Law and this Agreement with regard
to CLEC's access to, and use and disclosure of, CenturyLink OSS
lnformation.
53.3.2 Without in any way limiting any other rights CenturyLink may have
under the Agreement or Applicable Law, CenturyLink shall have
the right (but not the obligation) to monitor CLEC's access to and
use of CenturyLink OSS lnformation, to ascertain whether CLEC
is complying with the requirements of Applicable Law and this
Agreement.
53.3.3 lnformation obtained by CenturyLink pursuant to this Section 53
shall be treated by CenturyLink as Confidential lnformation of
CLEC pursuant to Section 12; provided that, CenturyLink shall
have the right to use and disclose information pursuant to this
Article to enforce CenturyLink's rights under the Agreement or
Applicable Law.
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53.4
53.5
53.6
53.7
53.3.4 All CenturyLink OSS lnformation received by CLEC shal! be
destroyed or retumed by CLEC to CenturyLink, upon expiration,
suspension or termination of the right to use such CenturyLink
OSS lnformation.
53.3.5 All practices and procedures for access to and use of CenturyLink
OSS including all access and user identification codes shall
remain the property of CenturyLink.
The provisions of this Article shall be in addition to and not in derogation of any
provisions of Applicable Law, including, but not limited to,47 U.S.C. $222, and
are not intended to constitute a waiver by CenturyLink of any right with regard
to protection of the confidentiality of the information of CenturyLink or
CenturyLink End Users provided by Applicable Law.
CLEC understands that any OSS access to obtain CPNI that is made without
prior customer permission to access the information or for CLEC to become
the customer's service provider shall be a material breach of this Agreement.
CenturyLink will provide CLEC with access to documentation and user
manuals that set forth the methods and procedures to utilize CenturyLink's
OSS service. CLEC agrees that alldocumentation and manuals shall be used
only for internal use, for the purpose of training employees to utilize the
capabilities of CenturyLink's OSS services in accordance with this Article and
shall be deemed Confidentia! lnformation and subject to the terms, conditions
and limitations set forth in this Article.
Liabilities And Remedies
53.7.1 lf CLEC or an employee, agent or contractor of CLEC, at any time
breaches a provision of this Section 53 and such breach
continues after notice thereof from CenturyLink, then, except as
otherwise required by Applicable Law, CenturyLink shall have the
right, upon notice to CLEC, to suspend or terminate the right to
use CenturyLink OSS services granted by Section 53.1 above
and/or the provision of CenturyLink OSS services, in whole or in
part.
53.7.2 CLEC agrees that CenturyLink would be irreparably injured by a
breach of this Article by CLEC or the employees, agents or
contractors of CLEC, and that CenturyLink shall be entitled to
seek equitable relief, including injunctive relief and specific
performance, in the event of any such breach. Such remedies,
and the remedies set forth in Section 53.7.1, shall not be deemed
to be the exclusive remedies for any such breach, but shall be in
addition to any other remedies available under this Agreement or
at law or in equity.
53.7.3 Any breach of any provision of this Article by any employee,
agent, or contractor of CLEC shal! be deemed a breach by CLEC.
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54.
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53.8 Cooperation
53.8.1 CLEC, at CLEC's expense, shal! reasonably cooperate with
CenturyLink in using CenturyLink OSS Services. Such
cooperation shall include, but not be limited to, the following:
53.8.2 CLEC shall reasonably cooperate with CenturyLink in submitting
orders for CenturyLink Telecommunications Services and
otherwise using the CenturyLink OSS Services, in order to avoid
exceeding the capacity or capabilities of such CenturyLink OSS
Services.
53.8.3 Upon CenturyLink's request, CLEC shallparticipate in reasonable
cooperative testing of CenturyLink OSS Services and shall
provide reasonable assistance to CenturyLink in identifying and
correcting mistakes, omissions, interruptions, delays, errors,
defects, faults, failures, or other deficiencies, in CenturyLink OSS
Services.
53.9 Future Enhancements to CenturyLink OSS Facilities
53.9.1 Subject to the requirements of Applicable Law, the specific OSS
and OSS access method(s) offered will be determined by
CenturyLink and may be changed by CenturyLink without the
consent of CLEC.
53.9.2 !f CenturyLink makes enhancements to the existing OSS, the
Parties agree that to the extent practicable, CLEC will use the
enhanced OSS and specified OSS access method(s).
CenturyLink may at its option discontinue any OSS or OSS
access method that an enhancement has been designed to
replace.
PROVISION OF USAGE DATA
54.1 Recorded Usage Data includes, but is not limited to, the following categories
of information:
54.1.1 lntentionally Left Blank
54.1.2 Calls to Directory Assistance where CenturyLink provides such
service to a CLEb End User;
54.1.3 Calls completed via CenturyLink provided Operator Services
where CenturyLink provides such service to CLEC's localservice
End User and where CenturyLink records such usage for its End
Users using lndustry Standard Telcordia now iconectiv EMI billing
records;
54.1.4 Access records related to long distance calling;
54.1.5 lntentionally Left Blank
54.2 This Section sets forth the terms and conditions for CenturyLink's provision of
Recorded Usage Data for information exchange regarding long distance and
access billing. To the extent Technically Feasible, each Party shall record a!!
call detail information associated with completed long distance and access
calls originated by or terminated by such Party, and long distance calls
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54.3
54.4
54.5
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transited through such Party's network to the terminating provider to the same
extent that such Party records such data for its End Users and records for
billing of lnterexchange caniers. These records shall be provided at a Party's
request and shall be formatted pursuant to Telcordia now iconectiv's EMI
standards and the terms and conditions of this Agreement. The procedures
and limitations governing bill media, including the availability of secondary
media, which are used to transmit the records, and Bill Media Request Forms,
are set forth in CenturyLink's Bill Media Guide. These records shall be
transmitted to the other Party on non-holiday Business Days. CenturyLink
and CLEC agree that they shall retain, at each Party's sole expense, copies
of all EMI records transmifted to the other Party for at least forly-five (45) Days
after transmission to the other Party.
Except as stated in the preceding Section, subject to the requirements of
Applicable Law, the manner in which, and the frequency with which, CLEC
Usage lnformation will be provided to CLEC shall be determined by
CenturyLink.
General Procedures
54.4.1 CenturyLink shall maintain a machine readable back-up copy of
the message detail provided to CLEC for a minimum of forty-five
(45) Days. During the forty-flve (a5) Day period, CenturyLink
shall provide any data back-up to CLEC upon the request of
CLEC. lf the forty-five (45) Day period has expired, CenturyLink
may provide the data back-up at CLEC's expense.
54.4.2 CenturyLink shall provide to CLEC, Recorded Usage Data for
CLEC End Users. CenturyLink shall not submit local usage data
of other providers as part of the CLEC Recorded Usage Data.
54.4.3 CenturyLink shall not bill directly to CLEC End Users any
recurring or non-recurring charges for CLEC's services to the End
User except where explicitly permitted to do so within a written
agreement between CenturyLink and CLEC.
54.4.4 CenturyLink sha!! provide Recorded Usage Data to CLEC billing
locations as agreed to by the Parties.
54.4.5 CenturyLink shall bill and CLEC sha!! pay the charges for
Recorded Usage Data. Billing and payment shall be in
accordance with the applicable terms and conditions set forth
herein.
Charges
54.5.1
54.5.2
lntentionally Left Blank
CenturyLink will deliver one monthly statement for Usage Data
Billing Services in the medium selected by CLEC in the start up
process.
a. lnvoices will be provided in a standard Carrier Access Billing
format or other such format as CenturyLink may determine;
71
54.7
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b. Where local usage charges apply and message detail is
created to support available services, CLEC wil! pay
CenturyLink for providing such calldetail;
c. The Parties willwork cooperatively to exchange information
to facilitate the billing of lncollecUOutcollect and inter/intra-
region alternately billed messages. CenturyLink shal! settle
with CLEC for both intra-region and inter-region billing
exchanges of calling card, bill-to-third party, and collect calls
under separately neg otiated settlement arrangements.
d. CenturyLink shall bill for message provisioning and the
provision of usage records.
Charges. CLEC is responsible for all charges incurred by CLEC's
Loss of Recorded Usage Data. CLEC Recorded Usage Data
determined to have been !ost, damaged or destroyed as a result
of an error or omission by CenturyLink in its performance of the
recording function shall be recovered by CenturyLink, if possible,
at no charge to CLEC. ln the event the data cannot be recovered
by CenturyLink, CenturyLink shall estimate the messages and
associated revenue, with assistance from CLEC, based upon the
method described below. This method shall be applied on a
consistent basis, subject to modifications agreed to by
CenturyLink and CLEC. This estimate shall be used to adjust
amounts CLEC owes CenturyLink for services CenturyLink
provides in conjunction with the provision of Recorded Usage
Data.
Partial Loss. CenturyLink shall review its daily controls to
determine if data has been lost. When there has been a partial
loss, actual message and minute volumes shall be reported, if
possible through recovery as discussed in this Section. Where
actual data are not available, a full Day shall be estimated for the
recording entity, as outlined in the following paragraphs. The
amount of the partial loss is then determined by subtracting the
data actually recorded for such Day from the estimated tota! for
such Day.
Complete Loss. When CenturyLink is unable to recover data as
discussed in this Section, estimated message and minute
volumes for each loss consisting of an entire AMA tape or entire
data volume due to its loss prior to or during processing, lost after
receipt, demagnetized before processing, receipt of a blank or
unreadable tape, or lost for other causes, shall be reported.
Estimated Volumes. From message and minute volume reports
for the entity experiencing the loss, CenturyLink shall secure
message/minute counts forthe four (4) corresponding Days of the
weeks preceding that in which the loss occurred and compute an
average of these volumes. CenturyLink shall apply the
54.6 Other Billed
End Users.
Lost Data
54.7.1
54.7.2
54.7.3
54.7.4
72
5,4.8
54.9
54.10
appropriate average revenue per message (ARPM) agreed to by
CLEC and CenturyLink to the estimated message volume for
messages for which usage charges apply to the subscriber to
arrive at the estimated lost revenue.
54.7.5 lf the Day of loss is not a holiday but one (1) or more of the
preceding corresponding Days is a holiday, CenturyLink shalluse
additional preceding weeks in order to procure volumes for
two (2) non-holidays in the previous two (2) weeks that
correspond to the Day of the week that is the Day of the !oss.
54.7.6 lf the loss occurs on a weekday that is a holiday (except
Christmas Day and Mother's Day), CenturyLink shall use volumes
from the two (2) preceding Sundays.
54.7.7 lf the loss occurs on Mother's Day or Christmas Day, CenturyLink
shall use volumes from that Day in the preceding year multiplied
by a growth factor derived from an average of CLEC's most recent
three (3) month message volume growth. If a previous year's
message volumes are not available, a settlement shall be
negotiated.
Testing, Changes and Controls
54.8.1 The Recorded Usage Data format, content, and transmission
process shall be tested as agreed upon by CLEC and
CenturyLink.
54.8.2 Control procedures for all usage transferred between CenturyLink
and CLEC shall be available for periodic review and errors must
be identified and jointly resolved as they occur. The resolution
may include changes to control procedures, so similar problems
would be avoided in the future. Any changes to control
procedures would need to be mutually agreed upon by CLEC and
CenturyLink.
CLEC Requested Changes
54.9.1 CLEC may submit a request to negotiate and pay for changes in
the content and format of the usage data transmitted by
CenturyLink.
54.9.2 When the negotiated changes are to be implemented, CLEC
and/or CenturyLink shall arrange for testing of the modified data.
Rejected Recorded Usage Data
54.10.1 Upon agreement between CLEC and CenturyLink, messagesthat
cannot be rated and/or billed by CLEC may be returned to
CenturyLink in their original format.
54.10.2 CenturyLink may correct and resubmit to CLEC any messages
returned to CenturyLink. CenturyLink will not be liable for any
records determined by CenturyLink to be billable to a CLEC End
User. CLEC will not return a message that has been corrected
and resubmitted by CenturyLink. CenturyLink wil! only assume
liability for errors caused by CenturyLink.
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54.10.3 All practices and procedures for access to and use of CenturyLink
OSS including all access and user identification codes shal!
remain the property of CenturyLink.
54.11 Data Validation Files
54.11.1 Upon request, CenturyLink will provide CLEC with any of the
following Data Validation Files at the rates identified in Table 1.
At CenturyLink's option, the files will be provided via
downloadable, email, or other electronic format:
a. MSAG
b. Feature/Service Availability by Switch
c. Directory Names
d. Class of Service Codes
e. Community Names
f. Yellow Page Headings
g. PIC/LPIC(lnterLATtulntraLATA)
54.11.2 CLEC may obtain a data validation file not more than once per
quarter.
54.12 lntentionally Left Blank.
55. CENTURYLINK ACCESS TO INFORMATION RELATED TO CLEC CUSTOMERS
55.1 CenturyLink shall have the right to access, use and disclose information related
to CLEC End Users that is in CenturyLink's possession (including, but not
limited to, in CenturyLink OSS) to the extent such access, use and/or
disclosure is required by law or is necessary to enforce CenturyLink's rights,
or is authorized by the CLEC in the manner required by Applicable Law.
55.2 Upon request by CenturyLink, CLEC shal! negotiate in good faith and enter into
a contract with CenturyLink, pursuant to which CenturyLink may obtain access
to CLEC's Operations Support Systems (including, systems for pre-ordering,
ordering, provisioning, maintenance and repair, and billing) and information
contained in such systems at terms no less favorable than CenturyLink
provides to CLEC, to permit CenturyLink to obtain information related to CLEC
End Users (as authorized by the applicable CLEC), to permit End Users to
transfer service from one Telecommunications Carrier to another, and for such
other purposes as may be permitted by Applicable Law.
56. NETWORK MANAGEMENT
56.1 CLEC and CenturyLink will exchange appropriate information (e.9., network
information, maintenance contact numbers, escalation procedures, and
information required to comply with requirements of law enforcement and
nationa! security agencies) for network management purposes. ln addition,
the Parties will apply sound network management principles to alleviate or to
prevent traffic congestion and to minimize fraud associated with third number
billed calls, calling card calls, and other services related to this Agreement.
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57.
56.2 The Parties will employ characteristics and methods of operation that wil! not
interfere with or impair the Parties' networks, or the network of any third parties
or Affiliated companies, connected with or involved directly in the network or
facilities of CenturyLink.
56.3 CLEC shall not interfere with or impair service over any circuits, facilities or
equipment of CenturyLink, its Affiliated companies, or its connecting and
concurring carriers.
56.4 lf CLEC causes any impairment or interference, CenturyLink shall promptly
notify CLEC of the nature and location of the problem and that, unless promptly
rectified, a temporary discontinuance of the use of any circuit, facility or
equipment may be required. The Parties agree to work together to attempt to
promptly resolve the impairment or interference. lf CLEC is unable to promptly
remedy, then CenturyLink may, at its option, temporarily discontinue the use
of the affected circuit, facility or equipment until the impairment is remedied.
56.5 Any violation of Applicable Law or regulation regarding the invasion of privacy
of any communications carried over CenturyLink's facilities, or that creates
hazards to the employees of CenturyLink or to the public, is also considered
an impairment of service.
56.6 CenturyLink shall give advanced notice to CLEC of all non-scheduled
maintenance or other planned network activities to be performed by
CenturyLink on any Network Element, including any hardware, equipment,
software, or system, providing service functionality of which CLEC has advised
CenturyLink may potentially impact CLEC End Users.
56.7 The Parties shall provide notice of network changes and upgrades in
accordance with 47C.F.R. SS51.325 through 51.335. CenturyLink may
discontinue any !nterconnection arrangement, Telecommunications Service,
or Network Element provided or required hereunder due to network changes
or upgrades after providing CLEC notice as required by this Section.
CenturyLink agrees to cooperate with CLEC and/or the appropriate regulatory
body in any transition resulting from such discontinuation of service and to
minimize the impact to customers which may result from such discontinuance
of service.
MAINTENANCE AND REPAIR
57.1 ln the event of an outage or trouble in any service being provided by
CenturyLink hereunder, CLEC wil! follow CenturyLink's standard procedures
for isolating and clearing the outage or trouble. Before submitting a repair
request to CenturyLink, CLEC will isolate trouble to the CenturyLink network
and must submit test results indicating the location of the trouble when
submitting the repair request.
57.2 CenturyLink sha!! provide repair, maintenance and testing for UNEs that
CenturyLink is able to test, in accordance with the terms and conditions of this
Agreement.
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57.3
57.4
57.5
57.6
During the term of this Agreement, CenturyLink sha!! provide necessary
maintenance business process support as well as those technical and systems
interfaces at Pari$. CenturyLink shall provide CLEC with maintenance support
at Parity.
57.3.1 For purposes of service restora!, CenturyLink shall designate a
CLEC access Iine as an Essential Service Line (ESL) at Parity
with CenturyLink's treatment of its own End Users and applicable
State law or regulation, if any.
CenturyLink shall provide CLEC maintenance dispatch personnelon the same
schedule that it provides its own subscribers.
All CenturyLink employees or contractors who perform repair service for GLEC
End Users shall follow CenturyLink standard procedures in all their
communications with CLEC End Users. These procedures and protocols shall
ensure that.
57.5.'l CenturyLink employees or contractors shall perform repair
service that is equal in quality to that provided to CenturyLink End
Users;and
57.5.2 Trouble calls from CLEC shall receive response time priority that
is equalto that of CenturyLink End Users and shall be handled on
a "first come first served' basis regardless of whether the End
User is a CLEC End User or a CenturyLink End User.
On all misdirected calls from CLEC End Users requesting repair, CenturyLink
shall provide such CLEC End User with the correct CLEC repair telephone
number as such number is provided to CenturyLink by CLEC. lf CenturyLink
initiates trouble handling procedures, it will bear all costs associated with that
activity. lf CLEC requests a trouble dispatch, and either there is no trouble
found, or the trouble is determined to be beyond the End User Demarcation
Point or in the CLEC's network, then CLEC wil! bear the cost indentified as a
Trouble lsolation Charge on Table 1.
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58.
59.
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ARTICLE V. INTERCONNECTION, TRANSPORT AND TERMINATION OF TRAFFIC
SERVICES COVERED
58.1 To the extent required by Applicable Law and subject to the terms and
conditions of this Agreement, CLEC will interconnect its network with
CenturyLink's network for the transmission, routing and termination of Local
Traffic, ISP-Bound Traffic, lntraLATA LEC Toll Traffic, Local and Tol! VolP-
PSTN Traffic, Transit Traffic and Jointly Provided Switched Access Service
Traffic. This Agreement is intended only for traffic consisting of wireline to
wireline communications, not for Mobile Wireless Service traffic, and neither
Party will route Mobile Wireless Service traffic to the other Party (other than
Transit Traffic) without first executing a separate written agreement to govern
such traffic.
58.1 .1 This Article governs the lnterconnection of network facilities of the
Parties, and the transport, termination and billing of Local Traffic,
ISP'Bound Traffic, lntral-ATA LEC TollTraffic, VolP-PSTN Traffic
and Transit Traffic between CenturyLink and CLEC.
58.1.2 The Parties shall use separate two-way Feature Group D trunks
for the exchange of equal-access lnterLATA Toll Traffic or
lntraLATA Tol! Traffic, (other than lntraLATA LEC Tol! Traffic, Toll
Vo|P-PSTN or Jointly Provided Switched Access Traffic), and
such trunks shal! be ordered out of and subject to the applicable
access Tariffs. As required by the applicable Tariff, any Local
Traffic routed over Feature Group D trunks is subject to the
applicable access Tariff and rates.
58.1.3 ln the event CLEC routes any traffic to CenturyLink in violation of
this Agreement, CenturyLink shall be entitled to seek injunctive
relief and to recover damages, including without limitation,
compensation for such traffic at access rates.
58.1.4 Each Party is solely responsible for the services it provides to its
End Users and to other providers.
NETWORK INTERCONNECTION METHODS
59.1 This Section sets forth the terms and conditions for Network lnterconnection
Methods (NlMs) provided between CenturyLink and CLEC for the
lnterconnection Facilities established between the Parties' networks.
Additionally, this Section describes the physical architecture for the
lnterconnection of the Parties' facilities and equipment required for the
transmission and routing of Local Traffic, ISP-Bound Traffic, lntraLATA LEC
Toll Traffic, Vo!P-PSTN Traffic, Transit Traffic and Jointly Provided Switched
Access Service Traffic.
59.2 PhysicalArchitecture
59.2.1 CenturyLink's network architecture in any given local exchange
area and/or LATA can vary markedly from another local exchange
arealLATA. Using one or more of the NlMs herein, the Parties will
agree to a physical architecture plan for a specific LATA, or if
appropriate based on other requirements in Section 59, Local
Calling Area. The physical architecture plan, as described in the
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Local lnterconnection POI Profile, will be discussed during joint
implementation planning. CLEC and CenturyLink agree to
lnterconnect their networks through existang and/or new
lnterconnection Facilities between CLEC switch(es) and
CenturyLink's End Office Switch(es) and/or Tandem Switch(es).
The physical architecture plan will be in accordance with
Forecasting and Planning requirements in Article lV.
59.2.2 Each Party is solely responsible for the facilities that carry OS/DA,
911 or Mass Calling for their respective End Users. Separate
trunks must be utilized for connecting CLEC's switch(es) to each
of these services.
59.2.3 Trunk requirements for forecasting and servicing shall be based
on an overall blocking objective of one percent (1%) during the
average time-consistent busy hour, as defined by standard trunk
traffic engineering principles. For the finaltrunk groups between
a CLEC End Office and a CenturyLink End Offices, direct trunk
groups are to be engineered with a blocking objective of one
percent (1%). Trunks to access Tandems carrying Jointly
Provided Switched Access Traffic and all other Tandem trunk
groups are to be engineered with a blocking objective of one'half
percent (0.5%).
Points of !nterconnection (POls)
59.3.1 CLEC must establish a minimum of one POI on CenturyLink's
network within each LATA in accordance with the terms of this
Agreement. CLEC shall establish additional POls under the
following circumstances:
a. CLEC must either (i) establish a POI at each Tandem
Switch in the LATA where it wishes to exchange
(i.e., receive or terminate) any types of traffic which are
permitted under Section 58.1 with CenturyLink or where it
has established codes within that Tandem serving area
or (ii) order DTTfrom their POI in the LATAto such Tandem
Switches.
b. When a CenturyLink End Office Switch subtends a
CenturyLink Tandem Switch, CLEC must either (i) establish
a PO! at a CenturyLink End Office when total traffic volumes
exchanged between the Parties at that particular
CenturyLink End Office (inclusive of any Remote Switches
served by that End Office) exceeds, or is expected to
exceed, the thresholds as set forth in Section 59.3.2 or
(ii) order DTT from their PO! in the LATA to such End Office
Switches.
c. When a CenturyLink End Office Switch subtends a non-
CenturyLink Tandem, CLEC must establish a POI at each
CenturyLink End Office Switch that subtends a non-
CenturyLink Tandem based on the thresholds as set forth
in Section 59.3.2 being met.
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d. To the extent CenturyLink's network contains an exchange
in the LATA that is not interconnected by CenturyLink-
owned network to a different non-contiguous exchange in
the LATA, CLEC must establish a POI at each separate
non-interconnected exchange where it wishes to exchange
(i.e., receive or terminate) any types of traffic wttich are
permitted under Section 58.1 with CenturyLink to the extent
total traffic volumes exchanged between the Parties at that
particular exchange (inclusive of any Remote Switches
served by that exchange) exceeds, or is expected to
exceed, the threshold for indirect interconnection under
Section 59.7.
POlThresholds
a. When the total volume of traffic exchanged between the
Parties at a CenturyLink End Office exceeds 200,000 MOU
per month, or the one-way traffic from either Party exceeds
100,000 MOU per month, CLEC must establish a POIwith
CenturyLink's End Office for the mutua! exchange of traffic
within thirly (30) Days of when the traffic exceeds the MOU
per month threshold. ln situations where CenturyLink's
network contains host and Remote Switches, any traffic
from Remote Switches wil! be included in the MOU
determination of the traffic from the host End Office.
b. Notwithstanding any other provision to the contrary, if either
Party is assessed transiting costs by a third party and such
charges between the Party and the Tandem owner exceed
five-hundred dollars ($500.00) for one month, GLEC must
establish a POI with CenturyLink's End Office forthe mutual
exchange of traffic within thirty (30) Days.
The Parties may mutually agree to establish additional POls even
where none of the conditions set forth in Sections 59.3.1 and
59.3.2 of this Article has occurred.
CLEC will be responsible for engineering and maintaining its
network on its side of a POl. CenturyLink will be responsible for
engineering and maintaining its network on its side of a POl. The
Parties may utilize any Network !nterconnection Method
described in this Section 59. Each Party is responsible for the
appropriate sizing, operation, and maintenance of the transport
facility to a POl.
lf CLEC chooses to lease the facility from each POI to CLEC's
network from CenturyLink and the facility is within CenturyLink's
serving territory, CLEC will lease the facility from CenturyLink as
defined in Section 59.4. When GLEC uses the BFR process to
establish a POl, the CLEC shall bear all reasonable costs
associated with transport on both sides of the physical point
where the two networks connect to reach CenturyLink's End
Office/host office or Tandem Switch.
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59.3.6 CLEC shall be required to establish a CLLI Code for the
message/trunk ACTL, at the CenturyLink Tandem or End Office
Switch where the PO! is located.
59.3.7 CLEC must use an Operating Company Number (OCN) when
ordering Local !nterconnection Trunks and lnterconnection
Facilities from this Agreement.
Network I nterconnection Methods for Direct I nterconnection
59.4.1 Leased Facility
a. \Mere facilities exist, CLEC may lease facilities from
CenturyLink to establish !nterconnection through
CenturyLink's provision of a DSI or DS3 Local
lnterconnection Entrance Facility and/or Direct Trunked
Transport. Local lnterconnection Entrance Facilities may
not extend beyond the area served by the CenturyLink
Serving Wire Center. The rates for Local lnterconnection
Entrance Facilities and DTT are provided in Table 1. Local
lnterconnection Entrance Facilities and DTT may not be
used for Unbundled Network Elements, or in a mannerinconsistent with the requirements of
Section 58.1. CenturyLink's Specia! Access Service is
available as an alternative to CenturyLink provided Local
lnterconnection Entrance Facilities and DTT, subject to
Section 61.2.8(b). CenturyLink's Switched Access
Services are also available as an alternative to CenturyLink
provided Loca! I nterconnection Entrance Facilities and DTT,
subject to Section 61.2.8(b). CLEC may also lease access
facilities from a third party.
59.4.2 Mid Span Fiber Meet.
a. The Parties may interconnect using a Mid Span Fiber Meet
subject to the trunking requirements and other terms and
provisions of this Agreement, including the following:
i. The Mid Span Fiber Meet, as proposed, must be at
a mutually agreeable, economically and Technically
Feasible point between CenturyLink's Serving Wire
Center End Office and CLEC's Premises, and wi!!be
within the area served by the CenturyLink Serving
Wre Center.
ii The Mid Span Fiber Meet will be subject to
reasonable engineering, environmental, safety and
security requirements. Such requirements shall
include, without limitation, the technical ability to
accommodate testing on each side of the mid-span
Meet Point and to provide for a point of demarcation
between the networks of each Party and the ability
to control the environment.
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59.5
iii. The construction of new facilities for a Mid Span
Fiber Meet is only applicable when traffic is roughly
balanced.
iv CenturyLink wil! provide up to fifty percent (50%) of
the facilities needed to connect the networks of the
Parties.
v. CLEC shall establish a CLLI code for the facility
ACTL at the Mid-Span Fiber Meet in addition to any
message/switch ACTL at the CenturyLink Serving
Wire Center.
vi The Mid Span Fiber Meet will be used exclusively as
an lnterconnection Facility and cannot be used for
other purposes such as Unbundled Network
Elements or Access Services.
59.4.3 Third Party ILEC Meet Point using Leased Facilities. lf CLEC's
location is in a third party ILEC's territory and CLEC chooses to
interconnect with CenturyLink using a third party ILEC Meet-Point
arrangement (i.e., leased access facilities jointly provisioned by
CenturyLink and such third par$ ILEC), then any portion of such
facilities provided by CenturyLink will be ordered from
CenturyLink's access Tariff.
59.4.4 Collocation. lnterconnection may be accomplished through the
Collocation arrangements offered by CenturyLink. Theterms and
conditions underwhich Collocation wil! be available are described
in Article !X of this Agreement.
59.4.5 The Parties may establish other Technically Feasible methods of
!nterconnection via the BFR process unless a particular
arrangement has been previously provided to a third party, or is
offered by CenturyLink as a product. Such other methods may
require this Agreement to be amended.
Direct lnterconnection at the CenturyLink Tandem
59.5.1 Subject to Section 59.3, lnterconnection to a CenturyLink
Tandem Switch will provide CLEC Iocal lnterconnection to the
CenturyLink End Offices, Remote Switches and NXXs which
subtend that Tandem Switch.
59.5.2 ln accordance with Section 62, lnterconnection to a CenturyLink
Tandem for Transit Traffic purposes will provide access to
Telecommunications Carriers which are connected to that same
Tandem Switch.
59.5.3 CLEC is responsible for provisioning its lnterconnection Facilities
to interface into CenturyLink's Tandem atthe DSl level, including
switch port and any muxing necessary for such purposes. lf
CLEC orders Local lnterconnection Entrance Facility, Direct
Trunked Transport, and/or multiplexing for this, the rates from
Table 1 shall apply. lf CLEC orders CenturyLink's Access
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Services for this, the CLEC shal! pay based on CenturyLink's
applicable access Tariff instead of Table 1.
Direct lnterconnection at the CenturyLink End Office
59.6.1 lnterconnection to a CenturyLink End Office Switch wil! provide
CLEC local lnterconnection to the CenturyLink NXX codes served
by that End Office Switch and any CenturyLink NXXs served by
Remote Switches that subtend that host End Office Switch.
However, CLEC may not directly connect to a Remote Switch nor
can a Remote Switch be a POl.
59.6.2 CLEC is responsible for provisioning its traffic to interface into
CenturyLink's End Office at the DSI level, including switch port
and any muxing necessary for such purposes. lf CLEC orders
CenturyLink !nterconnection Facilities for this, the CLEC shall pay
the applicable Local lnterconnection Entrance Facility, Direct
Trunked Transport, and multiplexing rates from Table 1. lf CLEC
orders CenturyLink's Access Servicesforthis, the CLEC shall pay
based on CenturyLink's applicable access Tariff instead of
Table 1.
lndirect Network Connection
59.7.1 For purposes of this Agreement, lndirect Traffic means traffic
which is originated by one Party and terminated to the other Party
in which a third party !LEC's Tandem switch both provides the
intermediary Transit Service and serves CenturyLink's NXXs.
lndirect Network Connection for lndirect Traffic is intended only
for de minimis traffic associated with CLEC "start-up" market entry
into a CenturyLink loca! exchange. Therefore, lndirect Network
Connection will be allowed only on routes between CenturyLink
End Offices and a CLEC switch in instances where, and only so
long as, none of the PO! thresholds set forth in Section 59.3.2
have been reached.
59.7.2 lndirect Network Connection shall be accomplished by
CenturyLink and CLEC each being responsible for delivering
Local Traffic !ntraLATA LEC TollTraffic and VolP-PSTN Traffic to
and receiving such traffic at the ILEC Tandem serving the
CenturyLink End Ofiice. Each Party is responsible for the
appropriate sizing, operation, and maintenance of the transport
facility to the Tandem.
59.7.3 lf CLEC has not established a POI within thirty (30) Days after
notification from CenturyLink that CLEC has exceeded the POI
Threshold in Sections 59.3.2, CLEC will reimburse CenturyLink
for any transit charges billed by an intermediary carrier after the
thirty (30) Day period for traffic originated by CenturyLink. CLEC
will also reimburse CenturyLink for any transport costs that would
be CLEC's responsibility under the Direct lnterconnection terms.
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59.7.4 To the extent a Party combines Local Traffic, lntraLATA LEC Toll
Traffic and To!! VoIP-PSTN Traffic on a single trunk group for
indirect delivery through a third party ILEC's Tandem, the
originating Party, at the terminating Party's request, will declare
quarterly Percentages of Local Use (PLUs). CenturyLink will
determine the jurisdiction of a call if GenturyLink has sufficient cal!
details.
a. Such PLUs will be verifiable with either call summary
records, call detail samples, or traffic study documentation.
The terminating Party should apportion per Minute Of Use
(MOU) charges appropriately.
SIGNALING AND INTERCONNECTION TRUNKING REQUIREMENTS
60.1 This Section sets forth certain signaling requirements and the terms and
conditions for lnterconnection provided by CenturyLink and CLEC and
provides descriptions of the trunking requirements between CLEC and
CenturyLink. This Section describes the required and optionaltrunk groups.
60.2 Signaling Parameters: CenturyLink and CLEC are required to provide each
other the proper signaling information (e.9., originating Calling Party Number
(CPN), Charge Number (ChN) and destination called party number, etc.) as
required by Applicable Rules and further clarified by the FCC's ICC Order to
enable each Party to issue bills in a complete and timely fashion. AII CCS
signaling parameters wil! be provided unchanged including CPN, calling party
category, ChN on all calls. All privacy indicators will be honored. Unless there
is a waiver pending or the FCC has approved a waiver petition regarding
specific technical restrictions, the ChN is to be passed unaltered in SS7
signaling fields where it is different than CPN and ChN must not be populated
with a number associated with an intermediate switch, platform, or gateway, or
other number that designates anything other than a calling party's charge
number. Where SS7 connections exist, each Party shall pass a!! CCS
signaling parameters, where available, on each cal! carried over
lnterconnection trunks. The Parties will coordinate and exchange data as
necessary to determine the cause of the CPN/ChN failure and to assist its
correction.
60.3 The Parties shall use separate two-way Feature Group D trunks for the
exchange of any traffic which is not Loca! Traffic, except for Toll Vo!P-PSTN
Traffic, lntraLATA LEC Toll Traffic and Jointly Provided Swtched Access
Service Traffic (as defined by MECAB and MECOD) and such trunks sha!! be
ordered out of and subject to the applicable access Tariffs. ln the event CLEC
uses the Local lnterconnection Trunks for any traffic in violation of this section,
CenturyLink shall be entitled to seek injunctive relief and to recover damages,
including without limitation, compensation for such traffic at the rates applicable
to access traffic.
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One'Way and Two-Way Trunk Groups.
60.4.1 The Parties agree to jointly establish, provision and maintain bi-
directional two-way trunk groups for Local Traffic, Transit Traffic,
Vo!P-PSTN Traffic and lntra[ATA LEC Toll Traffic that has not
been routed to an IXC and separate two-way trunk groups for
Jointly Provided Switched Access Traffic. Trunks will utilize SS7
signaling protocol. Multi-frequency (MF) signaling protocol may
only be used where CLEC can demonstrate that it is not
Technically Feasible to use SS7 or where CenturyLink otherwise
agrees to use MF.
60.4.2 The costs associated with transporting lnformation Service Traffic
to CLEC sha!! be the sole responsibility of CLEC. CenturyLink is
not obligated under this Agreement to provision orders for
reciprocal trunks or build facilities in the establishment of
lnterconnection arrangements solely for the delivery of
lnformation Service Traffic. Facilities for lnformation Service
Traffic shall be ordered from the appropriate Tariff and CLEC will
be obligated to pay the full cost of such facilities. An upfront
charge will apply for any new facilities or network modifications
requested by CLEC and agreed upon by CenturyLink.
60.4.3 For administrative consistency CLEC wi!! have control for the
purpose of issuing Access Service Requests (ASRs) on two-way
groups. CLEC will also use ASRs to request or make necessary
changes in trunking.
60.4.4 With respect to any two-way trunks directionalized as one-way in
each direction and separate one-way trunks previously
established between the Parties, the Parties will transition such
trunks to bi-directionaltrunks in accordance with the following:
a. The Parties understand that conversion of trunking
arrangements from directionalized to bi-d irection al requ ires
technical and operational coordination between the Parties.
Accordingly, the Parties agree to work together to developa conversion plan to identify all trunks, processes,
guidelines, specifications, time frames and additional terms
and conditions necessary to support and satisfy the
standards set forth in the Agreement and implement the
conversion of trunking from directionalized to bi-
directionalized arrangements, if such conversion is desired
by either Party.
60.4.5 Separate ancillary trunk groups may be established based on
billing, signaling, and network requirements, and will be
purchased from the applicable Tariff.
a. Ancillary trunk groups will utilize SS7 protocol. Multi-
frequency (MF) signaling protocol may only be used where
CLEC can demonstrate that it is not Technically Feasible to
use SS7 or where CenturyLink otherwise agrees to use MF.
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60.5 Trunk Groups
60.5.1
60.5.2
60.6 Trunk Servicing
60.6.1
60.6.2
60.6.3
60.6.4
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Separate trunk groups may be required by CenturyLink for
certain traffic types including, but not limited to:
1. 911/E911Trunks;
2. Mass Calling Trunks, if applicable; and
3. Toll Free Service trunks where CLEC provides such
service to its End User customers.
Where required, network signaling information such as transit
network selection ONS) parameter, Originating Line lnformation
Parameter (OLIP) and CICIOZZ ANI information digits (ll) (non-
SS7 environment) will be provided by CLEC wherever such
information is needed for call routing or billing. The Parties will
follow all Network Operations Forum (NOF) adopted standards
and all OBF adopted standards pertaining to TNS and C\C|OTZ
codes.
CLEC and CenturyLink shall, where applicable, make reciprocally
available, the required trunk groups to handle different traffic
types.
a. Any Local Traffic routed over Switched Access Service
trunks will be billed the intrastate terminating access rate.
Neither Par$ shall route Switched Access Service traffic
over Local lnterconnection Trunks.
b. Each Party shall only deliver traffic over the Local
lnterconnection Trunk Groups to the other Party's Tandem
or End Office for those NXX Codes served by that Tandem
or End Office as applicable in accordance with the LERG.
Orders between the Parties to establish, add, change or
disconnect trunks shall be processed by using an ASR. CLEC
will have administrative control for the purpose of issuing ASR's
on both two-way and one-way trunk groups. Parties willjointly
manage the capacity of Local lnterconnection Trunk Groups.
Should CLEC request trunking from CenturyLink in excess of the
industry traffic engineering design blocking standard set forth in
Section 59.2.3. CenturyLink is not obligated to provide such
trunking unless CLEC agrees in writing to pay for the excess
trunking on the CenturyLink side of the POI.
Utilization shal! be defined as'trunks required'as a percentage of
trunks in service. Trunks required shall be determined using
design utilization criteria stated in Section 60.6.4.
Underutilization: Underutilization of lnterconnection Trunks and
facilities exists when provisioned capacity of trunks in service for
more than six (6) months is greater than the current need. This
over-provisioning is an inefficient deployment and use of network
resources and results in unnecessary costs. Those situations
b
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60.8
where more capacity exists than actual usage will be handled in
the following manner:
a. lf a final trunk group is under seventy-five percent (75o/o) of
CCS capacity or a high usage trunk group is under ninety
percent (90%) of CCS capacity on a monthly average basis,
for each month of any three (3) consecutive months period,
either Pafi may request the issuance of an order to resize
the trunk group, which shal! be leftwith not less than twenty-
five percenl (25o/o) excess capacity. ln all cases PO!
requirements and grade of service objectives shall be
maintained.
b. CLEC will send an ASR to CenturyLink to trigger changes
to the Loca! lnterconnection Trunk Groups based on
capacity assessment.
c. Upon review of the ASR if a Party does not agree with the
resizing, the Parties will schedule a joint planning
discussion within twenty (20) Business Days. The Parties
will meet to resolve and mutually agree to the disposition of
the initiating ASR.
CLEC wil! be responsible for engineering its network on its side of the Point of
lnterconnection (POl). CenturyLink will be responsible for engineering its
network on its side of the PO!.
Where facilities are available, due dates for the installation of Local
Interconnection Trunks covered by this Section shall be in accordance with the
Standard Practices as published on the CenturyLink Website. lf either CLEC
or CenturyLink is unable to or not ready to perform Acceptance Tests, or is
unable to accept the Local lnterconnection Trunk(s) by the due date, the
Parties will reschedule a mutually acceptable date.
Trunk Data Exchange
65.9.1 Each Party agrees to service trunk groups to the blocking criteria
in Section 59.2.3 in a timely manner when trunk groups exceed
measured blocking thresholds on an average time consistent
busy hour for a twenty-one (21) Day study period. The Parties
agree that twenty-one (21) Days is the study period duration
objective unless mutually agreed otherwise. The study period will
not include a holiday.
Network Management
60.10.1 Restrictive Controls. Either Party may use protective network
traffic management controls such as 7-digit and 1O-digit code
gaps set at appropriate levels on traffic toward each other's
network, when required, to protect the public switched network
from congestion due to facility failures, switch congestion, or
failure or focused overload. CLEC and CenturyLink will
immediately notify each other of any protective control action
planned or executed.
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60.11
60.12
60.10.2 Expansive Controls. Where the capability exists, originating or
terminating traffic reroutes may be implemented by either Party
to temporarily relieve network congestion due to facility failures or
abnormal calling patterns. Reroutes wil! not be used to circumvent
normaltrunk servicing. Expansive controls wil! only be used when
mutually agreed to by the Parties.
60.10.3 Temporary Mass Calling. CLEC and CenturyLink shall cooperate
and share pre-planning information, where available, regarding
cross-network call-ins expected to generate large or focused
temporary increases in call volumes, to prevent or mitigate the
impact of these events on the public switched network.
Technical lnterfaces
60.11.1 CLEC is responsible for provisioning its traffic to CenturyLink's
switch port at the DSI level, including any muxing necessary for
such purposes.
60.11.2 Standard Interconnection facilities shall be extended superframe
(ESF) with BSZS line code where Currently Available.
60.11.3 Signaling protocol. The Parties wi!! interconnect their networks
using SS7 signaling where Technically Feasible and available as
defined in GR 905 Telcordia now iconectiv Standards including
ISDN User Part (!SUP) for trunk signaling and TCAP for CCS-
based features in the lnterconnection of their networks. All
Network Operations Forum (NOF) adopted standards shall be
adhered to. Where available, CenturyLink signaling services to
link its Signaling Transfer Points (STPs) for CLEC switches which
connect to CenturyLink's STPs via "A' links or for CLEC's STPs
to connect to CenturyLink's STPs via "D" links which are
dedicated to the transport of signaling for local lnterconnection,
may be ordered ftom the CenturyLink Tariff.
Responsibilities of the Parties
60.12.1 CLEC and CenturyLink wil! work cooperatively to install and
maintain a reliable network. CLEC and CenturyLink shall
exchange appropriate information (e.9., maintenance contact
numbers, network information, information required to comply
with law enforcement and other security agencies of the federal
and State government and such other information as the Parties
shall mutually agree) to achieve this desired reliability.
60.12.2 CLEC and CenturyLink will review engineering requirements as
necessary and establish semi-annual forecasts for facilities
utilization provided under this Article.
60.12.3 CLEC and CenturyLink will provide trained personne! with
adequate and compatible test equipment to work with each
othe/s technicians.
60.12.4 CLEC and CenturyLink will notify each other when there is any
change affecting the seruice requested, including the due date.
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60.12.5 CLEC and CenturyLink wil! recognize that a facility handoff point
must be agreed to as part of the process of the lmplementation
Plan that establishes the demarcation for maintenance and
provisioning responsibilities for each Pafi.
60.12.6 CLEC and CenturyLink wi!! review engineering requirements
consistent with the lmplementation Plan as described in and as
otherwise set forth in this Agreement.
60.12.7 CLEC and CenturyLink will share responsibility for al! control
office functions for Local lnterconnection Trunks and trunk
groups, and both Parties shall share the overall coordination,
installation, and maintenance responsibilities for these trunks and
trunk groups.
60.12.8 CLEC and CenturyLink wil! coordinate and schedule testing
activities of their own personnel, and others as applicable, to
ensure its lnterconnection trunks/trunk groups are installed per
the lnterconnection order, meet agreed-upon acceptance test
requirements, and are placed in service by the due date.
60.12.9 CLEC and CenturyLink will perform sectionalization to determineif a trouble is located in its facility or its portion of the
lnterconnection trunks prior to referring the trouble to each other.
60.12.10 CLEC and CenturyLink will advise each other if there is an
equipment failure which may affect the !nterconnection trunks.
60.12.11 CLEC and CenturyLink will provide each other with a trouble
reporting/repair contact number that is readily accessible and
available twenty-four (24) hours a day, seven (7) days a week.
Any changes to this contact anangement must be immediately
provided to the other Parg.
60.12.12 CLEC and CenturyLink will provide to each other test-line
numbers and access to test lines.
60.12.13 CLEC and CenturyLink will cooperatively plan and implement
coordinated repair procedures for the Meet Point and Local
lnterconnection Trunks and facilities to ensure trouble reports are
resolved in a timely and appropriate manner.
Neither Party shall use any lnterconnection, function, facility, product, Network
Element, or service provided underthis Agreement or any other service related
thereto or used in combination therewith in any manner that interferes with or
impairs service over any facilities of either Party, its Affiliated companies or
other connecting Telecommunications Carriers, prevents any carrier from
using its Telecommunication Service, impairs the quality or privacy of
Telecommunications Service to other carrlers or to either Party's End Users,
causes hazards to either Party's personnel or the public, damage to either
Party's or any connecting carrier's facilities or equipment, including any
malfunction of ordering or billing systems or equipment. Upon such
occurrence, either Party may discontinue or refuse service for so long as the
other Party is violating this provision. Upon any such violation, either Party shall
provide the other Party notice of the violation at the earliest practicable time.
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61.1 GeneralTerms
61.1.1
61.1.2
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For compensation purposes, the jurisdiction of a cal! is determined
by the physical location of the origination and termination of such
call, except as may otherwise be specified herein for Vo|P-PSTN
Traffic.
VolP-PSTN Traffic
a. Local Vo|P-PSTN Traffic. CLEC and CenturyLink will
exchange Local Vo|P-PSTN Traffic on the same basis and
at the same rates as Local Traffic which is not Vo|P-PSTN
Traffic. Vo|P-PSTN Traffic will be identified as either Loca!
or non-Local by using the originating and terminating call
detail information of each call unless the Parties specifically
agree otherwise. This call jurisdiction method described
herein is intended by the Parties as a proxy to determine the
jurisdiction of a call (i.e. the actua! geographic end points of
the call) since the actual geographic end points of a
particular VOIP-PSTN Traffic call may be difficult or
impossible to determine. At any time during the term of this
Agreement, CLEC and CenturyLink may agree on alternate
methods to establish calljurisdiction for Local Vo|P-PSTN
Traffic based on regulatory or technological evolution. The
Parties agree that it is in the best interest of both Parties to
work together in an effort to continue to improve the
accuracy of jurisdictional data and such efforts sha!! not be
unreasonably withheld by either Party. This paragraph shall
not be controlling with respect to VNXX Traffic which
otheruise constitutes VOIP-PSTN Traffic, nor shall this
paragraph affect the determination of the proper jurisdiction
or the geographic end points of any traffic which is not VolP-
PSTN Traffic.
b. TollVo|P-PSTN Traffic
1. CLEC and CenturyLink will exchange Toll VolP-
PSTN Traffic, including any Tol! VoIP-PSTN Traffic
which transits a CenturyLink Tandem, at each
Party's access rates. Any non-Loca! Traffic which is
not Toll VoIP-PSTN Traffic shal! be routed in
accordance with Section 58.1.2. VolP-PSTN Traffic
will be identified as either LocalTraffic or non-Local
Traffic by using the originating and terminating ca!!
detai! information of each call unless the Parties
specifically agree otherwise. This call jurisdiction
method described herein is intended by the Parties
as a prory to determine the jurisdiction of a call since
the Parties acknowledge that there may be some
circumstances where the actual geographic end
points of a particular VOIP-PSTN Traffic call may be
difficult or impossible to determine. At any time
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during the term of this Agreement, CLEC and
CenturyLink may agree on alternate methods to
establish calljurisdiction for Toll VolP-PSTN Traffic
based on regulatory or technological evolution. ln
addition, if information is available to identify the
actual geographic location of traffic originated or
terminated to an End User, then the Parties may
jointly agree that the proxy method described herein
shall not be used for such calls. The Parties agree
that it is in the best interest of both Parties to work
together in an effort to continue to improve the
accuracy of jurisdictionaldata and such efforts shall
not be unreasonably withheld by either Party.
The facilities, or portion thereof, leased by CLEC
from CenturyLink which are used to exchange Toll
VolP-PSTN Traffic shall be subject to CenturyLink's
interstate access Tariff rates. CenturyLink will use
the Facilities Percent VolP Usage (Facility-PVU)
factor in Table 1 to determine the portion of the Local
lnterconnection Entrance Facility, Direct Trunked
Transport, and MUX that shall be deemed the
portion of the facility used to carry Toll VoIP-PSTN
Traffic.
(i) The Facility-PVU factor sha!! be the
percentage of the totaltraffic CLEC routes to
CenturyLink for termination using Local
lnterconnection Trunks which is Toll VolP-
PSTN Traffic. The Facility-PVU factor shall
be based on information such as the number
of the CLEC's retailVolP subscriptions in the
state (e.9. as reported on FCC Form 477),
traffic studies, actual call detail, or other
relevant and verifiable information which the
parties wil! exchange. At the request of
either Party, such information willbe updatedto determine if the Facility-PVU factor
continues to be accurate, and if the updated
information indicates that an adjustment of
the factor is appropriate, the Parties shall
amend the Agreement to reflect a more
current factor.
Any factors established by the Parties under
Section 61.1.2 shall be based on the particular
characteristics of the traffic exchanged within the
State between CLEC and CenturyLink and shall not
be subject to adoption by anyone not a Party to this
Agreement, or apply to any other service areas.
3.
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Compensation for Transport and Termination of LocalTraffic
61.2.1 Reciprocal Compensation applies for transport and termination of
LocalTraffic terminated by either Party.
61.2.2 The rate elements for transporting and terminating Local Traffic
can be found in Table 1.
61.2.3 The terminating Party may bill the other Pafi Reciprocal
Compensation for all Local Traffic MOU routed by the other Party
for termination.
61.2.4 CLEC and CenturyLink agree to terminate each other's ISP-
Bound Traffic on a Bill and Keep basis. Bill and Keep shal! mean
that the originating Party has no obligation to pay terminating
charges to the terminating Party.
61.2.5 Recording for Reciprocal Compensation
a. Each Par$ will calculate terminating MOU based on
standard AMA recordings made within each Party's
network. These recordings are the basis for each Party to
generate bills to the other Party, For purposes of Reciproca!
Compensation only, measurement of MOU over Local
lnterconnection Trunk Groups sha!! be in actual
conversation seconds. The total conversation seconds over
each individual Local lnterconnection Trunk Group will be
totaled for the entire monthly bill and then rounded to the
next whole minute. Notwithstanding the above, either Party
may use its SS7 data to verify and adjust billing as
appropriate.
61.2.6 Recordingforlndirect lnterconnection
a. For any traffic exchanged between the Parties via third party
Tandems, each Party will either record the traffic it
terminates in accordance with this Section, or will utilize
records provided by the Tandem provider to invoice for
traffic terminating on its network.
61.2.7 Billing Elements for LocalTransport and Termination
a. The transport and termination elements for Local Traffic
depend on the type of lnterconnection between the Parties.
1. Tandem switching compensation will be on a billand
keep basis, with no compensation exchanged
between the Parties.
2. lntentionally Left Blank
3. For lndirect Network Connection, CLEC shall pay
Common Transport for lndirect Traffic for calls that
terminate at a CenturyLink End Office Switch.
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Billing E lements for I nterconnection Facility
a. Local Interconnection Entrance Facility, DTT and Multiplexing
1. Recurring and nonrecurring rates for Local
lnterconnection Entrance Facilities, DTT and associated
Multiplexing are specified in Table 1. Disconnect
nonrecurring charges may be assessed on a per order
basis for Local !nterconnection Entrance Facilities, DTT
and Multiplexing.
2. When DTT is provided to a Tandem Switch, the
applicable DTT recurring and nonrecurring rates apply
between the Serving Wire Center and the Tandem
Switch.
3. Rate band shall be determined for DTT based on the
combination of the Serving Wire Center and the Tandem
Switch or End Office Switch.
4. Shared Costs.
(i) lf the Parties elect to establish two-way Local
lnterconnection Trunks for reciprocal exchange of
traffic, the cost of the two-way Local
!nterconnection Entrance Facility and DTT shall be
shared among the Parties. CenturyLink wil! bill
CLEC for the entire DTT and Local
!nterconnection Entrance Facility provided by
CenturyLink at the rates in Table 1. CLEC will bill
CenturyLink for CenturyLink's portion of the same
DTT and Local lnterconnection Entrance Facility
at the same recurring rates in Table 1 charged by
CenturyLink based on the portion defined in (ii)
below
(ii) CenturyLink's portion of the DTT and Local
lnterconnection Entrance Facility will be based on
the factor determined by CenturyLink using the
following to assign the minutes for which
CenturyLink is responsible:
. Al! LocalTraffic MOU that CenturyLink originates
and sends to CLEC.
o All CenturyLink originated lntraLATA LEC Toll
MOU that CenturyLink sends to CLEC.
o All other minutes are CLEC's responsibility for
purposes of allocating the shared costs.
b. lnterconnection Using Access Services
1. lf CLEC chooses to provision lnterconnection over a
facility ordered as Special Access Service from the
CenturyLink state or FCC access Tariffs, the rates from
those Tariffs will apply to such facility. CLEC may order
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61.2.10
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a Local lnterconnection Entrance Facility or a Local
lnterconnection Entrance Facility combined with DTT to
be provisioned over an existing facility (e.9. DS3) that
was originally ordered and provisioned as Specia!
Access Service so long as the SpecialAccess Service
facility covers the same entire route (i.e., beginning and
end points), in which event the entire facility, including
any portion of the facility (e.g.a DSl) which is
subsequently ordered and provisioned as a Local
lnterconnection Entrance Facility or as a Local
lnterconnection Entrance Facility combined with DTT
will be charged at the Special Access Service tariff
rates.
2. lf CLEC chooses to provision lnterconnection over a
facility ordered as Switched Access Service from the
CenturyLink state and FCC access Tariffs, the rates
from those Tariffs wi!! apply to such facility. CLEC
cannot order a Local lnterconnection Entrance Facility,
DTT or Multiplexing to be provisioned over a facility
which is also used for Switched Access Service.
3. CLEC may order a Switched Access Service facility to
be provisioned over an existing facilitythatwas originally
ordered and provisioned as SpecialAccess Service, in
which event the portion of the facility which is
subsequently ordered and provisioned as Switched
Access Service will be charged at Switched Access
Tariff rates and the remainder of the facility will be
charged at SpecialAccess Service Tariff rates.
Multiplexing (DS1/DS3 or DSO/DS1 MUX) may be available at the
rate specified in Table 1. lf the Interconnection Facility was ordered
as Switched Access Service, then the Tariffed rates apply instead
of the MUX rates from Table 1.
Trunk Nonrecurring charges
a. lntentionally Left Blank
b. lntentionally Left Blank
c. lf the lnterconnection Facility is ordered as Switched Access
Service, then the applicable Tariffed trunk nonrecurring
charges apply.
For purposes of compensation between the Parties, CLEC shall
adopt the Rate Center areas and Rating Points that the
Commission has approved for the lLECs. ln addition, CLEC shall
assign whole NPA-NXX codes to each Rate Center, subjectto State
regulatory requirements. lf CLEC only obtains thousands blocks
instead of whole NPA-NXX codes, those thousands blocks shall
remain rated to the Rate Center associated with the donating NPA-
NXX code.
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61.3 Compensation of non-Local Traffic
61.3.1 Percent LocalUsage
61.3.2
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a. CenturyLink will determine the jurisdiction of a call if
CenturyLink has sufficient ca!!details. When calldetails are
insufficient to determine the jurisdiction for the call, the
CLEC will identify in writing the Percent Local Usage (PLU)
factor on each lnterconnection order to identify its Local
Traffic for Reciprocal Compensation purposes. For non-
LocalTraffic, the Parties agree to compensate one another
based on the rates included in each Party's access Tariffs.
CenturyLink may request CLEC's traffic study
documentation of the PLU at any time to verify the PLU and
may compare the documentation to studies developed by
CenturyLink. Should the documentation indicate that the
factor should be changed by CenturyLink, the Parties agree
that any changes will be retroactive to al! traffic which is
determined to have applied an inaccurate factor.
b. ln the absence of a written agreement between the Parties
stating otherwise, and except as otherwise provided under
Section 61.1.2 for VoIP-PSTN Traffic, the PLU shall not be
deemed to account for the jurisdiction of any traffic which
may appear to be Local Traffic based upon the originating
and terminating call detail information, where such call
detail information does not accurately reflect the true
geographic end points of the call, and the Parties may seek
appropriate compensation for such calls notwithstanding
such PLU factor.
Traffic originated to or directed to or through an ISP that is
physically located outside the originating End User's Local Calling
Area and calls to an ISP which are placed on a non-local basis
(e.9. tollcalls or 8YY calls) are non-LocalTrafficfor compensation
purposes and will be compensated at the appropriate lnterstate
or lntrastate Switched Access Service rates.
VNXX Traffic is not Local Traffic for purposes of intercarrier
compensation, and such VNXX Traffic shall not be subject to
Reciprocal Compensation. VNXX Traffic shall be subject to
originating or terminating switched access charges of the Party
that originates or terminates such ca!!s, provided however, the
Party that provides the VNXX Service that enables such VNXX
Traffic shall not be entitled to recover access charges for such
VNXX Traffic. Both Parties represent and warrant that they are
not providing VNXX Service and wi!! not do so unless they provide
advance written notice to the other Party. Either Party may
perform traffic studies at any time to determine if VNXX Traffic is
being exchanged with the other Party, and each Party will provide
data necessary to determine the physical, geographic location of
the End User premise which is associated with an NPA-NXX-
XXXX. lf a Party determines that the other Party is providing
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VNXX Service and is exchanging VNXX Trafflc, access charges
apply from the date that the exchange of VNXX Traffic began.
61.3.4 Unless otherwise required by Applicable Law, in the absence of
a written agreement between the Parties stating otherwise, any
traffic which is not included within the definition of Local Traffic or
othenryise specifically addressed in this Agreement will be
compensated at Access Service rates. The right to assess such
Access Service charges shall not be deemed to constitute
authorization for CLEC to route any traffic in a manner which is
not permitted under this Agreement.
TRANSIT TRAFFIC
62.1 Transit Service terms in this Agreement are for the delivery of Transit Traffic.
Any Jointly Provided Switched Access Traffic that transits the CenturyLink
network wi!! not be considered Transit Traffic and any network functions
provided by CenturyLink in connection with such Jointly Provided Switched
Access wil! be provided to the IXC at Switched Access Service rates.
62.2 When CenturyLink receives an unqueried call ftom CLEC to a telephone
number that has been ported to another service provider, rates applicable to
Transit Service will apply in addition to any query rates.
62.3 To the extent network and contractual arrangements exist with all necessary
parties throughout the term of this Agreement, CenturyLink will provide Transit
Services for CLEC's connection of its End User to a !oca! End User of: (1) other
CLECS, (2) other ILECs (including any CenturyLink ILEC Affiliates who may be
a Party to this Agreement, other than the CenturyLink ILEC Affiliate providing
the Transit Service), and (3) CMRS carriers. CenturyLink will only provide a
Transit Service where CLEC is interconnected at the same CenturyLink
Tandem switch to which the terminating carrier is interconnected. CLEC
agrees not to route Transit Traffic to a non-CenturyLink Tandem (i.e., double
Tandem Transit Traffic) where the NPA-NXX of the number called is rated
within CenturyLink's Tandem serving area, and CLEC shall compensate
CenturyLink for the Transit Service and reimburse CenturyLink for any
terminating compensation charged to CenturyLink by a terminating carrier as
a result of any such double Tandem Transit Traffic routed by CLEC.
62.4 ln the event Transit Traffic originated by CLEC is blocked by a third party,
CenturyLink shall have no obligation to resolve the dispute. CLEC
acknowledges that CenturyLink does not have any responsibility to pay, and
CLEC indemnifies CenturyLink against any third-party Telecommunications
Carrier charges for termination of any identifiable Transit Traffic routed to
CenturyLink by CLEC.
62.5 Payment Terms and Conditions
62.5.1 CLEC shall pay a Transit Service Charge as set forth in Table 1
for any Transit Traffic routed to CenturyLink by CLEC for any
traffic terminating to an entity other than a CenturyLink affiliate
operating as an lncumbent Loca! Exchange Carrier.
62.5.2 CLEC shall be responsible for payment of Transit Service
charges on Transit Traffic routed to CenturyLink by CLEC and for
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62.6
62.7
62.8
any charges assessed by the terminating carrier. CLEC agrees
to enter into traffic exchange agreements with third-parties prior
to routing any Transit Traffic to CenturyLink for delivery to such
third parties, and CLEC will indemnifo, defend and hold harmless
CenturyLink against any and allcharges levied by such third-party
terminating carrier with respect to Transit Traffic, including but not
limited to, termination charges related to such traffic and
attorneys' fees and expenses.
Exchange of Data
62.6.1 To the extent Technically Feasible, the Parties involved in
transporting Transit Traffic will deliver calls to each involved
network with Common Channel Signaling (CCS)/ SS7 protocol
and the appropriate ISUP/TCAP messages to facilitate full
interoperability and billing functions. The Parties agree to send all
message indicators received.
Notwithstanding any other provision to the contrary, oncethe volume of Transit
Traffic exchanged between CLEC and a third party exceeds the equivalent of
three (3) DSls of traffic, CenturyLink may, but shall not be obligated to, require
CLEC to establish a direct connection to the parties with which they are
exchanging traffic. CenturyLink also reserves the right to require CLEC to
establish a direct connection to the third party if, in CenturyLink's sole
discretion, the Tandem is at or approaching capacity limitations. These
limitations may include but are not limited to a lack of trunk port capacity or
processor capacity based on the then existing Tandem and network
configuration. Within sixty (60) Days after CenturyLink notifies CLEC of the
requirement to direct connect, CLEC shall establish a direct lnterconnection
with such third party.
ln the event a third party files a complaint or other legal action against
GenturyLink, orthreatens to do so, as a result of a controversy involving Transit
Traffic originated by CLEC which is routed to such third party, then upon written
notice CenturyLink may require CLEC to (i) directly interconnectwith such third
party, or (ii) to otherwise cease using Transit Service of CenturyLink for
delivery of CLEC-originated traffic to such third party, or (iii) to take such other
action which may be mutually acceptable to CenturyLink, and CLEC, in order
to protect and remove CenturyLink from such controversy, and CenturyLink
may seek legal or equitable relief for purposes of enforcing this paragraph.
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ARTICLE VI. UNBUNDLED NETWORK ELEMENTS
63. INTRODUCTION
63.0
63.1
63.2
63.3
63.4
63.5
63.6
Pursuant to the terms of the FCC Modernization Order, the terms and
conditions for UNE Digita! Capable Loops in this Section of the Agreement are
not available subject to the following transition periods:
a) UNE DSI Loops not available as of February 8,2023;
b) UNE DS3 Loops not available as of February 8,2021;
c) UNE ISDN Capable Loops not available as of February 8,2023;
d) 214 Wire Non-Loaded Loops not available as of February 8,2023:
e) XDSL Loops not available as of February 8,2023.
This Article sets forth the terms and conditions pursuant to which CenturyLink
wil! furnish CLEC with access to UNEs pursuant to S251(c)(3) of the
Telecommunications Act for the provision by CLEC of a Telecommunications
Service in CenturyLink's incumbent Loca! Exchange areas. Notwithstanding
any other provision of this Agreement, CenturyLink shal! only be obligated to
provide UNEs and UNE Combinations to CLEC to the extent required by this
Agreement and Applicable Law.
CLEC shal! pay CenturyLink the recurring and non-recurring charges listed in
Table 1 or, if not listed on Table 1, as listed in the applicable Tariff, or as agreed
to by the Parties in accordance with Section 63.3 for the UNEs provisioned.
lf CLEC procures any UNEs, UNE Combinations and/or other services for
which rates are not currently in this Agreement, CenturyLink then reserves the
right to charge CenturyLink's then standard rates, if any, for such UNEs, UNE
Combinations and/or other services, or to develop a rate using an appropriate
methodology, which rate shall be subject to dispute resolution, if necessary.
Access to UNEs shall be provided by CenturyLink under this Agreement only
over such routes, technologies, and facilities as CenturyLink may be required
by applicable law to make available to CLEC. Where facilities and equipment
are not available, CenturyLink wil! not be required to provide UNEs.
Subject to the terms herein, CenturyLink is responsible only for the installation,
operation and maintenance of the as-ordered UNEs it provides pursuant to the
terms of this Agreement. CenturyLink is not otherwise responsible for any
services provided by CLEC through the use of those UNEs.
Operations Support Systems (OSS). CenturyLink will offer unbundled access
to CenturyLink's OSS to the extent Technically Feasible in a non-discriminatory
manner. OSS consists of pre-ordering, ordering, provisioning, maintenance
and repair, and billing functions supported by CenturyLink's databases and
information. The OSS element includes access to all Local Loop Qualification
information contained in CenturyLink's databases or other records, including
information on whether a particular Local Loop is capable of providing
Advanced Services.
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63.6.1 Pursuant to the terms of the FCC Modernization Order, the terms
and conditions for Operational Support Systems are not available
subject to the transition periods applicable to the corresponding
UNEs.
USE OF UNES
64.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law,
CenturyLink will provide CLEC with nondiscriminatory access to the UNEs
made available in accordance with the terms and conditions of this Agreement.
CenturyLink will provide access to UNEs where Technically Feasible.
64.2 Subject to the terms and conditions of this Article, CLEC may order each such
UNE individually or, to the extent permitted by Applicable Law, in Combination
with other CenturyLink Network Elements or UNEs (Combinations) in order to
permit CLEC to provide Telecommunications Services to its End Users.
Except as provided elsewhere in this Agreement, it is CLEC's obligation to
combine CenturyLink provided UNEs with any and a!! facilities and services
whether provided by CenturyLink, CLEC, or any other party. CLEC may
Commingle UNEs with Tariffed Access Services obtained from CenturyLink as
provided for in this Agreement. UNEs provided to CLEC under the provisions
of this Agreement remain the property of CenturyLink.
64.3 Non-impaired Wire Centers and Related Processes
64.3.1 Wire Centers that have been identified by CenturyLink as Tier 1
and Tier 2 Wire Centers and Wire Centers in which the number
of Business Lines and Fiber-based Collocators exceed the
thresholds for DS1 and DS3 Loops, as described in Section 66.8
and Section 66.9, are listed on CenturyLink's Website (the Non-
impaired Wire Centers).
64.3.2 CenturyLink shall not be required to provide and CLEC shall not
order DS1 and DS3 UNE Loops within Non-impaired Wire
Centers where the number of Business Lines and Fiber-based
Collocators exceed the thresholds described in Section 66.8 and
Section 66.9 or where the number of such UNE Loops would
exceed the maximum quantities of such UNE Loops which are
specified in those sections.
64.3.3 CenturyLink shall not be required to provide and CLEC shall not
order DS1 and DS3 UNE Transport circuits between Wire
Centers which do not satisfo the tier classiflcations which are
described in Section 69.3 and Section 69.4 or where the number
of such circuits would exceed the maximum quantities which are
described in those sections.
64.3.4 lf CLEC has any DSI and DS3 Loops or Transport UNEs in
service as of the Effective Date of this Agreement which
CenturyLink is not required to provide pursuant to Section il.3.2
and Section 64.3.3 above, or if CLEC thereafter has any DS1 and
DS3 Loops or Transport UNEs which exceed the maximum
quantity allowed for such UNE services, such UNEs must be
immediately converted to an alternative service arringement, and
CLEC is subjectto back billing forthe difference between the UNE
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rate and the rates for the comparable Access Service
arrangements. Such back billing shall cover a period back to
either the date the UNE service was installed or the date the
service became non-impaired, whichever is shorter, or if the UNE
service exceeds the maximum quantity allowed for such UNE
service, the period shall extend back to the date on which the
UNE service was installed. !f CLEC fails to submit the necessary
orders to convert such UNEs to alternative service arrangements
within thirty (30) Days of the Effective Date of this Agreement or
notice by CenturyLink, CenturyLink will be entitled to convert the
UNEs to comparable Access Services at applicable monthly
services rates, and to assess an appropriate non-recurring
charge per circuit for the work performed by CenturyLink on
behalf of CLEC.
lf CenturyLink identifies Wire Centers in addition to those
currently listed on CenturyLink's Website that exceed the
applicable FCC impairment thresholds or if the Wire Centers
previously designated as non impaired change classifications
based upon the applicable FCC impairment thresholds, then the
following provisions shall be applicable;
a. CenturyLink will provide CLEC notice in accordance with
the notice provisions of this Agreement and CenturyLink will
also post such information on its Website (the Non-
impairment Notice Date).
b. CLEC will not order new DS1, DS3 and Dark Fiber Loops or
Transport UNEs for the newly identified or reclassified Wire
Centers beginning thirty (30) Days after the date of the
notice (the Non-impairment Effective Date).
c. !f CLEC does not agree with the non-impairment
designation for a newly identified or reclassified Wire
Center, and submits a self-certification in accordance with
(f) below, then CLEC may submit orders to obtain high-
capacity Loops or Transport UNEs in such Wire Center, and
CenturyLink shall process such orders, until a determination
is made pursuant to (f) below that CLEC is not entitled to
order high-capacity Loops orTransport in such Wire Center.
d. Except as provided in (f) below, CLEC must submit the
necessary orders to convert any UNEs which CenturyLink
is no longer required to provide as a result of the addition or
reclassification of such Wire Centers to an alternative
service arrangement within sixty (60) Days of the Non-
impairment Notice Date (except for Dark Fiber UNES which
shall be subject to the transition period specified in the
following paragraph) and CLEC is subject to back billing for
the difference between the UNE rate and the rates for the
comparable Access Service arrangements to a date which
is sixty (60) Days after the Non-impairment Notice Date. lf
CLEC fails to submit the necessary orders before the end of
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sixty (60) Days from the Non-impairment Notice Date,
CenturyLink will be entitled to convert the UNEs to
comparable Access Services and to assess an appropriate
non-recurring charge per circuit for the work performed by
CenturyLink on behalf of CLEC.
Except as provided in (0 below, CLEC must begin
negotiations to disconnect or convert to an alternative
service any Dark Fiber UNEs which CenturyLink is no
longer required to provide as a result of the addition or
reclassification of such Wire Centers within sixty (60) Days
of the Non-impairment Notice Date, and CLEC shall be
subject to back billing at a rate which is applicable to the
alternative service, or if no alternative service is arranged,
then at a rate which is equal to the highest special access
Dedicated Transport rate available under CenturyLink's
Tariffs. Should the Parties not come to agreement on a
transition plan to convert such non-impaired Dark Fiber
UNEs, CenturyLink may disconnect such Dark Fiber six (6)
months after the Non-impairment Notice Date.
lf CLEC does not agree with the non-impairment
designation for a newly identified or reclassified Wire
Center, then CLEC shall have sixty (60) Days from the Non-
impairment Notice Date to provide a self-certification to
CenturyLink that, to the best of CLEC's knowledge, and
based upon reasonably diligent inquiry undertaken by
CLEC, the Wire Center does not meet the non-impairment
thresholds. CLEC sha!! provide a blanket certification letter
or other mutually agreed upon form to document its
compliance with such diligent inquiry, and CLEC wi!!
maintain appropriate records that document what
information CLEC relied upon to support its self-
certification. !f CLEC does not convert existing high-
capacity Loop or Transport UNEs or if CLEC submits orders
for high-capacity Loops or Transport UNEs pursuant to such
self-certification and it is subsequently determined by
mutual agreement of the Parties or pursuant to the Dispute
Resolution procedures of this Agreement that the Wire
Centers were properly identified or reclassified by
CenturyLink, then CLEC shal! have thirty (30) Days from the
date of such determination to submit the necessary orders
to convert any UNEs which CenturyLink is no longer
required to provide as a result of the addition or
reclassification of such Wire Centers to an alternative
service arrangement (except for Dark Fiber UNES which
shall be subject to the transition obligations in paragraph (e)
above) and shall be subject to backbilling in the same
manner as provided in Section 64.3.4 and Section &4.3.5
above, as the case may be.
e
f
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64.3.6 lf the number of DSI or DS3 UNE Loops serving a single building
exceed the applicable maximum quantities of such UNEs
specified in Sections 66.8 and 66.9, or if the number of DSI or
DS3 UNE Transport circuits on a route exceed the applicable
maximum quantities of such UNEs specified in Sections 69.3 and
69.4, then CLEC will not order new UNE Loops or UNE Transport
for the buildings or routes, as the case may be, and CLEC must
immediately submit the necessary orders to disconnect or convert
a sufficient number of such UNEs to conform to the maximum
quantities of such UNEs allowed pursuant to such paragraphs.
CLEC is subjectto back billing forthe difference between the UNE
rate and the rates for the comparable access service
arrangements on any UNEs which exceed such maximum
quantities back to the date on which the applicable number of
UNEs exceeded such maximums. lf CLEC fails to submit the
necessary orders, then upon thirly (30) days advance written
notice, CenturyLink will be entitled to convert the excess UNEs to
comparable Access Services and to assess a non-recurring
charge per circuit for the work performed by CenturyLink on
behalf of CLEC.
CLEC may use Network Elements provided under this Agreement for any
Telecommunications Service subject to the conditions listed below. By placing
an order for UNEs, CLEC certifies that these requirements are met.
64.4.1 Any combination of the following, where both are provided by
CenturyLink, are subject to the EEL use restrictions in this
Agreement. Such restrictions apply irrespective of the manner in
which the Local Loops and transport are combined.
a. high capacity Local Loops (DS1, DS3), to the extent
available, and special access transport (a Commingled
facility); or
b. special access channel terminations (DS1, DS3) and
Dedicated Transport (DS1, DS3), to the extent available
(a Commingled facility); or
c. high capacity Local Loops (DS1, DS3) and Dedicated
Transport (DSl, DS3).
64.4.2 CLEC may not order or use a UNE for the exclusive provision of
Mobile Wireless Service. Facilities connecting CenturyLink's
network and CMRS caniers' networks do not qualify as UNEs and
will not be available to CLEC as UNEs. CLEC may not order or
use a UNE for the sole purpose of selling it to another carrier for
the exclusive provision of Mobile Wireless Service.
64.4.3 CLEC may not order or use a UNE for the exclusive provision of
lnterexchange Services, or long distance services. Facilities
connecting CenturyLink's network and Interexchange Carriers'
networks used by the lnterexchange Carrier to provide such
services to End Users do not qualify as UNEs and will not be
available to CLEC as UNEs. CLEC may not order or use a UNE
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for the sole purpose of selling it to another carrier for
! nterexchange Services.
64.4.4 CLEC may not order or use a UNE for CLEC's own use,
administrative or otherwise.
64.4.5 An lnformation Service is not an eligible Telecommunications
Service except that CLEC can use unbundled Local Loops to
provide xDSL seruices in accordance with this Agreement.
NETWORK INTERFACE DEVICE
65.0 Pursuant to the terms of the FCC Modernization Order, the terms and
conditions for Network Interface Device (NlD) associated with the forborne
UNE rate elements are not available after February 8,2021.
65.1 Apart from its obligation to provide the existing Network lnterface Device (NlD)
functionality as part of an unbundled Local Loop or subloop, CenturyLink also
will provide nondiscriminatory access to either side of the NID on an unbundled
basis. Subject to this Section and its subsections, CenturyLink shall provide
access to the existing NID as a UNE under the following terms and conditions.
Rates and charges applicable to UNE NlDs are set forth in Table 1.
65.2 Under no circumstances shal! CLEC connect to either side of the NID or to the
End User's lnside Wiring unless the CenturyLink network is first properly
disconnected from the End Use/s Inside Wiring as set forth in this Article.
65.3 Except in multi-unit tenant properties where CenturyLink owns and maintains
contro! over lnside Wire within a Building, maintenance and control of the End
User's inside wiring (i.e., on the End User's side of the Demarcation Point) is
under the control of the End User. Conflicts between telephone service
providers for access to the End User's lnside Wire on the End User's side of
the Demarcation Point must be resolved by the End User.
65.4 CLEC may obtain unbundled access to the NID on CenturyLink's network side
or the End User access side on a stand-alone basis to permit CLEC to connect
its own loop facilities to the Premises wiring. CLEC may not connect to the
End User access side of the NID except as a UNE in accordance with these
terms.
65.5 CLEC may elect to disconnect CenturyLink's Local Loop from the NID on the
End User access side of the NlD, but CLEC shall not perform any disconnect
on the network side of the NlD. CenturyLink, at the request of CLEC, will
disconnect the CenturyLink Local Loop from the NID or will arrange access to
the network side of the NID for any purpose. The charges reflected in Table 1
will apply to any CenturyLink dispatch for any purpose initiated at CLEC's
request. The phrase'End User access side of the NlD" is descriptive and does
not convey any ownership or usage rights. The Demarcation Point between
the Local Loop (inclusive of the NID) and the End User's lnside Wire is
established pursuant to 47 C.F.R. 568.105.
65.6 CLEC shall maintain a connection to ground on its network that meets
applicable industry standards. ln the case of a NlDto-NlD connection, each
Party shall ground its NID independently of the other Party's NlD.
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65.7
65.8
65.9
65.10
65.11
65.12
65.13
65.14
With respect to multiple dwelling units or multiple-unit business Premises,
CLEC shall have the option of connecting directly with the End User's Premises
wire, or may connectwith the End User's Premiseswire via CenturyLink's NlD.
CenturyLink will provide CLEC with information that wi!! enable its technician
to locate End User Premises wiring at NlDsthatterminate multiple subscribers.
CenturyLink wil! dispatch a technician and tag the wiring at CLEC's request.
Any repairs, upgrade and/or rearrangements to the NID requested or required
by CLEC will be performed by CenturyLink based on the Stand Alone NID
Charges set out in Table 1.
CenturyLink will make available to CLEC any existing installed NID at the time
CLEC seeks lnterconnections to such NID to serve an End User. CenturyLink
shall be under no obligation to install a new NID in order to enable CLEC to
interconnect to such NlD.
CLEC shall not access, remove, disconnect or in any other way rearrange
CenturyLink's loop facilities from CenturyLink's NlDs, enclosures or protectors.
CLEC shal! not attach to, remove or disconnect ground wires from
CenturyLink's NlDs, enclosures or protectors. CLEC shall not remove or
disconnect NID modules, protectors or terminals from CenturyLink's NID
enclosures.
CLEC may access the End User side of a CenturyLink NID for the purpose of
isolating CenturyLink's Local Loop from the lnside Wiring within the NlD.
lsolation of CenturyLink's Local Loop from the Customer lnside Wiring is
achieved by removing the lnside Wiring from the NID terminals and using
appropriate method and practices to prevent barewires from coming in contact
with such NID terminals (e.9. capping individua! bare wires with Scotchloksru).
CLEC may not remove the test port wire from the test port as the isolation
method unless CLEC subsequently inserts a dummy test port plug with a
rubber weather seal since this may damage CenturyLink's active network by
allowing the accumulation of corrosive moisture and short-circuiting insect
debris within the test port.
Any access to the End User's side of a CenturyLink NID that utilizes the NID
functionality, including a NID to NID connection, shall be considered a billable
use of the CenturyLink NID as a UNE.
CLEC may request any additional types of access to the NID not specifically
referenced above. CenturyLink will consider the requested type of access via
the BFR process set forth in this Agreement.
CLEC shall be liable to CenturyLink for any damage to a CenturyLink NID
caused by improper or unauthorized use of CenturyLink's NID by CLEG. ln
addition to any monetary damages that CenturyLink may be entitled to recover
as a result of such damages, CenturyLink shall also be entitled to seek
injunctive relief to prevent further NID damages. Such damages may include
but are not limited to dispatch charges, NID replacement costs and network
reconnections and repairs.
Subject to Section 66 and its subsections, CenturyLink will provide CLEC
access to UNE Loops under the following terms and conditions. Rates and
66.LOOP
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charges applicable to UNE Loops are set forth in Table 1. To the extent
required by Applicable Law, CenturyLink will make available the UNE Local
Loops set forth below between a distribution frame (or its equivalent) in a
CenturyLink Central Office and the Local Loop Demarcation Point at an End
User's Premises. The UNE Loca! Loop will include any existing NlD. The
Parties acknowledge and agree that CenturyLink shall not be obligated to
provision any of the UNE Local Loops provided for herein to cellular sites or
any location that does not constitute an End User Premises. Subject to the
restrictions of Section 66.11.2, UNE Loops includes all wire within multiple
dwelling and tenant Buildings and campuses that provides access to End User
Premises wiring, provided such wire is owned and controlled by CenturyLink.
66.1.1 The Local Loop UNE includes, but is not limited to digitalCopper
UNE Loops, and, to the extent required by Applicable Law, DS1
Loops and DS3 Loops, where such Loops are deployed in
CenturyLink Wire Centers. CLEC agrees to operate each UNE
Loop type within applicable technical standards and parameters.
66.1.2 Terms and conditions for making any network modifications
resulting from CLEC's request for Local Loops, including
replacement or upgrade of any existing NlD, are contained in
Section 73.
66.1.3 Loop Conditioning. Conditioned loops are Loca! Loops ftom which
excessive bridge tiaps, load coils, low-pass filters, range
extenders, and similar devices have been removed to enable the
delivery of high-speed switched wireline Telecommunications
capability, including DSL. CenturyLink willcondition Local Loops
at CLEC's request and will assess charges for Ioop conditioning
in accordance with the prices listed in Table 1. CenturyLink
recommends that CLEC utilize the Loop Make-Up process in
Section 67 prior to submitting orders for loops intended for
Advanced Services.
66.1 .4 Tag and Label. At CLEC's request, CenturyLink wil! tag and label
unbundled Local Loops at the Network lnterface Device (NlD).
Tag and labe! may be ordered simultaneously with the ordering
of the Loop or as a separate service subsequent to the ordering
ofthe Loop.
a. CenturyLink will include the following information on the
label: order number, due date, CLEC name, and the circuit
number.
b. CLEC must speciff on the order form whether each Loop
should be tagged and labeled.
c. The rates for Loop tag and label and related services are
set forth on Table 1. A trip charge may be billed in addition
to the Tag and Label charges.
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Loop Testing. At CLEC's request, and if Technically Feasible, CenturyLink will
test and report trouble on conditioned loops for all of the line's features,
functions, and capabilities, and will not restrict its testing to voice-transmission
only. To the extent CLEC requests testing that would require CenturyLink to
purchase new equipment, establish new procedures, or make systems
modifications, GLEC will compensate CenturyLink for costs incurred to provide
such testing. Request for additional testing must be submitted pursuant to the
BFR Process in Article lV.
66.2.1 CLEC agrees to follow the process and procedures for reporting
and resolving circuit trouble or repairs set forth in the Standard
Practices published on the CenturyLink Website. Before
contacting CenturyLink's Trouble Maintenance Center (CTMC),
CLEC must first conduct trouble isolation to ensure that the
trouble does not originate from CLEC'S own equipment or
network or the equipment of CLEC's customer.
66.2.2 Testing shall include Basic Testing, Optional Cooperative Testing
and Joint Testing. Optional Cooperative Testing and Joint
Testing are performed only at CLEC's request and at CLEC's
cost.
66.2.3 Basic Testing shall include simple metallic measurements only.
Basic Testing does not include cooperative or joint testing efforts
that require CenturyLink's technician to work jointly with CLEC.
66.2.4 Cooperative Testing is provided on Service Order activity only
and will be provided by CenturyLink at CLEC's expense. Loops
involving multiplexing, and IDSL Loops or Subloops that are
provisioned through repeaters or digital loop carriers, prohibit the
reading of a short or open circuit.
66.2.5 Joint Testing is provided at CLEC's request on maintenance
activity only and will be provided by CenturyLink at CLEC's
expense. Loops involving multiplexing, and IDSL Loops or
Subloops that are provisioned through repeaters or digita! loop
carriers, prohibit the reading of a short or open circuit.
66.2.6 For either Cooperative Testing or Joint Testing, CenturyLink
technicians will try to contact CLEC's representative to initiate
Joint Testing after completing the requested activity. lf CLEC
does not respond within three (3) minutes, CenturyLink may, in
its sole discretion, continue its attempts to contact CLEC's
representative, and bill CLEC in increments of fifteen (15)
minutes for the technician's time for so long as such efforts
continue, or CenturyLink may abandon the test and CLEC will be
charged for the test and any additiona! technician time involved
(beyond the initial 3 minutes) at the rates set forth in Table 1.
66.2.7 CenturyLink wi!! charge CLEC at the rates set forth on Table 1,
when the location of the trouble on a ClEC-reported ticket is
determined to be in CLEC's network or on the CLEC End User's
side of the Demarcation Point.
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!ntentionally Left Blank.
xDSL Loops
66.4.1
66.4.2
66.4.3
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Pursuant to the terms and conditions contained in this Article,
CLEC may order xDSL-capable loops and/or line conditioning for
Copper Loops in order to render such loops capable of
transmitting the digital signals needed to provide Digital
Subscriber Line services (DSL).
Upon request, CenturyLink shall provide to CLEC.
a. information with respect to the spectrum management
procedures and policies that CenturyLink uses in
determining which services can be deployed;
b. information with respect to the rejection of CLEC's provision
of Advanced Services, together with the specific reason for
the rejection; and
c. information with respect to the number of loops using
Advanced Services technologywithin the binder and type of
technology deployed on those loops.
When CLEC orders an xDSL Loop or Digital Subloop that wi!! be
used to provide xDSL service, CLEC wil! use the applicable
ordering code where one has been provided by CenturyLink.
Where an applicable ordering code has not been provided by
CenturyLink, CLEC will note that the loop or subloop will be used
to provide an xDSL service in the "Remarks" section of the Local
Service Request (LSR). ln connection with the provision of
Advanced Services, CLEC shal! provide to CenturyLink the
following information on the type of technology that CLEC seeks
to deploy.
a. information in writing (via the Service Order) regarding the
Spectrum Management Class (SMC), as defined in the
T1E1.412000-002R2 Draft, of the desired loop so that the
loop and/or binder group may be engineered to meet the
appropriate spectrum compatibility requirements ;
b. the SMC (i.e., PSD mask) of the service it seeks to deploy,
at the time of ordering and if CLEC requires a change in the
SMC of a particular !oop, CLEC shal! notifo CenturyLink in
writing of the requested change in SMC (via a Service
Order).
c. to the extent not previously provided CLEC must disclose to
CenturyLink every SMC that CLEC has implemented on
CenturyLink's facilities to permit effective Spectrum
Management.
d. Where CLEC relies on a calculation-based approach to
support deployment of a particular technology, CLEC must
provide CenturyLink with information on the speed and
power at which the signalwill be transmitted.
66.3
66.4
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66.5
66.6
66.7
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Reverse ADSL Loops. lf CLEC's ADSL Transmission Unit (including those
integrated into DSLAMS) is attached to CenturyLink's Network and if an ADSL
Copper Loop should start at an outside location, and is looped through a Host
or Remote, and then to the subscriber, the copper plant from the outside
location to the CenturyLink Host or Remote Central Office must be a facility
dedicated to ADSL transmission only and not part of CenturyLink's regular
feeder or distribution plant.
Digital Loops. The following types of digita! Local Loop UNEs will be provided
at the rates, terms, and conditions set out in this Article and in Table 1: On
digital Loops, CenturyLink wil! only provide testing for electrica! continuity and
line balance.
66.6.1 2-Wire Digital Loop. A 2-Wire Digital UNE Loop is a transmission
facility which supports Basic Rate ISDN (BRl) digital exchange
services. The 2-Wire Digital Loop will be provisioned in
accordance with industry standards.
66.6.2 A DS1 UNE Loop provides a digital transmission facility from a
CenturyLink Central Office to an End User's Premises and having
bandwidth up to 1.544 Mbps. DSl UNE Loops wil! be offered
and/or provided pursuant to Section 66.8 below.
66.6.3 DS3 UNE Loop provides a digital transmission facility from a
CenturyLink Centra! Office to an End Use/s Premises and having
bandwidth up to 45 Mbps. DS3 UNE Loops wil! be offered and/or
provided pursuant to Section 66.9 below.
66.6.4 CenturyLink shall employ industry accepted standards and
practices to maximize binder group efficiency through analyzing
the interference potential of each loop in a binder group, assigning
an aggregate interference limit to the binder group, and then
adding loops to the binder group until that limit is met. Disputes
regarding the standards and practices employed in this regard
shall be resolved through the Dispute Resolution Process set
forth in Article ll of this Agreement.
Non-Standard Digita! Loops. lf CLEC requests a digital Loop, for which the
effective loop length exceeds the xDSL standard of 18 kft (subject to gauge
design used in an area), CenturyLink will only provide a Non-Standard Digital
Loop. Additional non-recurring charges for conditioning will apply. Non-
Standard Digital Loops will not be subject to performance measurements or
technical specifications, however, all of the SMC requirements set forth in this
Section 66 are applicable.
DSl Loops
66.8.1 Subject to the cap in Section 66.8.2, CenturyLink will provide
CLEC nondiscriminatory access to a DSl Loop on an unbundled
basis to any Building not served by a Wire Center with at least
60,000 Business Lines and at least four Fiber-based Collocators.
Once a Wire Center exceeds both of these thresholds, and the
appropriate notice has been given, the provisions of Section 64
shall apply in that Wire Center.
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66.9
66.10
66.11
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66.8.2 ln Wire Genters not listed on CenturyLink's Website, CLEC shall
not be entitled to obtain more than ten (10) DS1 UNE Loops to
any single Building.
DS3 Loops
66.9.1 Subject to the cap described in Section 66.9.2, CenturyLink shall
provide CLEC with nondiscriminatory access to a DS3 UNE Loop
to any Building not served by a Wire Center with at least 38,000
Business Lines and at least four Fiber-based Collocators. Once
a Wire Center exceeds both of these thresholds, and the
appropriate notice has been given, the provisions of Section 64
shall apply in that Wire Center.
ln Wire Centers not listed on CenturyLink's Website, CLEC may
obtain a maximum of one (1) unbundled DS3 loop to any single
Building in which DS3 loops are available as unbundled Local
Loops.
66.9.2
Hybrid Loops. CenturyLink will provide CLEC access to Hybrid Loops for the
provision of narrowband services as provided below.
66.10.1 When CLEC requests access to a Hybrid Loop for the provision
of narrowband services, CenturyLink may elect to provide CLEC
nondiscriminatory access either to an entire Hybrid Loop capable
of voice grade services (i.e., equivalent to DSO capacity) using
Time Division Multiplexing, orto a spare Copper Loop serving that
customer on an unbundled basis. CenturyLink shall not be
required to provide CLEC unbundled access to the Packet
Switched features, functions and capabilities of a Hybrid Loop.
FTTH and FTTC Loops
66.11.1 New builds. CenturyLink will not provide CLEC with non-
discriminatory access to a FTTH or FTTC loop on an unbundled
basis when CenturyLink deploys such loop to an End User's
Premises that previously has not been served by any loop facility.
66.11.2 Overbuilds. CenturyLink will not provide CLEC non-
discriminatory access to a FTTH or FTTC loop on an unbundled
basis when CenturyLink has deployed such a loop in parallel to,
or in replacement of, an existing Copper Loop facility, except that:
a. CenturyLink will maintain the existing Copper Loop
connected to the particular End User's Premises after
deploying the FTTH or FTTC Ioop and provide CLEC non-
discriminatory access to that Copper Loop on an unbundled
basis, unless CenturyLink retires the Copper Loop pursuant
to 47 C.F.R. $51.319(aX3Xiv). CenturyLink is not required
to incur any expenses to ensure that the existing Copper
Loop remains capable of transmitting signals prior to
receiving a request from CLEC for such loop. Once a
request for the loop is received, CenturyLink will restore the
Copper Loop to serviceable condition based upon CLEC's
request and at CLEC's expense.
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b. lf CenturyLink retires e Copper Loop pursuant to 47 C.F.R.
$51.319(a)(3)(iv), CenturyLink will provide CLEC non-
discriminatory access to one 64 kilobits per second
transmission path capable of voice grade service over the
FTIH or FTTC loop on an unbundled basis.
Dark Fiber Loops. CenturyLink is not required to provide CLEC with access to
Dark Fiber Loops on an unbundled basis.
Sub-Loops. Pursuant to the terms of the FCC Modemization Order, the terms
and conditions for UNE Subloops are not available after February 8,2021consistent with the wire centers listed on
htto://www.centurvlink.com/wholesale/clecs/nta.html. A subloop is defined as
a portion of the full Local Loop that is Technically Feasible to access at an
access termina! on CenturyLink's outside transmission facilities. An access
terminal is any point on the loop where technicians can access the wire or fiber
within a cable without removing the splice case or outer sheath (e.9., accessed
via screw posts, terminals, patch panels). To the extent they meet the above
definition, such points may include a pole or drop pedestal, the serving area
interface, or the network interface device. Available subloops are:
66.13.1 Feeder: a transmission path between the MDF in any type of
CenturyLink swttch Premises and a subtending FDI or functional
equivalent. CenturyLink is not obligated to offer feeder subloops
as a UNE.
66.13.2 Distribution subloop: a transmission path between an FDI or its
functionalequivalent and an available access terminal at or near
a subtending End User Premises.
66.13.3 Multi-unit Premises wiring subloop: a transmission path between
a CenturyLink terminal at or near a multiunit Premises, such as a
pole or pedesta!, the NlD, or the minimum point of entry, and the
End User Demarcation Point, including lnside Wire that is owned
or controlled by CenturyLink at a multiunit customer Premises.
a. CenturyLink will not provide or maintain lnside Wire in
situations where it determines there are health or safety
concerns in doing so.
66.13.4 Subloops must be requested using the ICB process set forth in
this Agreement due to the unique circumstances of each subloop
project and the wide variety of circumstances that must be taken
into account in provisioning of subloops. Additionally, CLEC must
also contemporaneously submit a collocation application
pursuant to the Collocation application and construction process
set forth in this Agreement whenever a Collocation arrangement
is necessary or appropriate for provisioning the contemplated
subloop. Any Collocation applications submitted for purposes of
supporting a contemplated subloop shall include a disclosure and
description of such subloop plans.
66.13.5 Except as may othenrvise be expressly provided under Applicable
Law, CenturyLink shal! not be required to provide CLEC access
to Dark Fiber subloops.
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66.13.6 The UNE subloop will include any existing NlD. Terms and
conditions for making any network modifications resulting from
CLEC's request for subloops, including replacement or upgrade
of any exasting NlD, are contained in Section 73.
66.13.7 Copper Subloops. CenturyLink will provide CLEC with access to
copper subloops on an unbundled basis. A copper subloop is a
portion of a Copper Loop, or Hybrid Loop, and is comprised
entirely of copper wire or copper cable. A copper subloop can
also include intermediate devices, such as repeaters, used to
establish the transmission path. Copper subloops can be used
by CLEC to provide voice-grade services as well as digital
subscriber line services.
66.13.8 Fiber Subloops. On a route where CenturyLink is required by law
to provide CLEC with non-discriminatory access to a FTfH or
FTTC !oop, CLEC may also request a subloop consisting of a
single 64 kilobits per second transmission path capable of voice
grade service over the FTTH or FTTC loop.
66.13.9 Deployment of Advanced Services by CLEC over subloops will
be in accordance with the terms included in Section 66.4.3.
LOOP MAKE.UP INFORMATION
67.1 At the request of CLEC, CenturyLink will provide CLEC with nondiscriminatory
access to its Loop Make-Up lnformation as it exists in CenturyLink database
and records. The charges for Loop Make-Up lnformation are set forth in
Table 1 to this Agreement.
67.2 CenturyLink shall provide Loop Make-Up lnformation based on the individual
telephone number or address of an End User in a particular Wire Center or
NXX code. Loop Make-Up lnformation requests will be rejected if the service
address is not found within existing serving address information, if the
telephone number provided is not a working number or if the PO! identified is
not a PO! where the requesting CLEC connects to the CenturyLink LTD
network.
67.3 Errors identified in validation of the Loop Make-Up tnformation inquiry order
wil! be returned to CLEC.
67.4 CenturyLink may provide the requested Loop Make-Up lnformation to CLEC in
whatever manner CenturyLink would provide to their own internal personnel,
without jeopardizing the integrity of proprietary information (i.e., fax, intranet
inquiry, document delivery, etc.). lf the data is provided via fax, CLEC must
provide a unique fax number used solely for the receipt of Loop Make-Up
lnformation.
67.5 lf CLEC does not order Loop Make-Up lnformation prior to placing an order for
a loop for the purpose of provisioning of an advanced service and the advanced
service cannot be successfully implemented on that !oop, CLEC agrees that:
67.5.1 CLEC wi!! pay a Trouble lsolation Charge to determine the cause
of the failure;
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68.
69.
67.5.2 lf CenturyLink undertakes Loop Make-Up lnformation activity to
determine the reason for such failure, CLEC will pay a Loop
Make-Up lnformation Charge; and
67.5.3 !f CenturyLink undertakes Conditioning activity for a particular
loop to provide for the successful installation of Advanced
Services, CLEC will pay applicable conditioning charges. All
charges will be as set forth in Table 1.
LOCAL CIRCUIT SWITCHING
68.1 CenturyLink is not required to provide access to local circuit switching on an
unbundled basis.
DEDICATED TRANSPORT
69.0 CenturyLink shall provide access to Dedicated Transport in a non-
discriminatory manner according to the following terms and conditions.
Pursuant to the terms of the Forbearance Orders, the terms and conditions
under which CLEC may order and maintain Dedicated Transport, are solely
available after February 2,2020 when both endpoints is a wire center llsted at
http://www. centu rvli n k. com/wholesale/clecs/nta. htm I
69.1 CenturyLink shall provide CLEC with nondiscriminatory access to Dedicated
Transport on an unbundled basis at the rates set forth on Table 1, as set forth
in this Agreement.
69.1.1 Subjectto the limitations setforth in Sections 69.3 and 69.4, UNE
Dedicated Transport will be provided only where such facilities
are Cunently Available at the time of CLEC's request, and only
over routes within the same LATA where CenturyLink is requiredto make UNE Dedicated Transport available pursuant to
Applicable Law.
69.1.2 Notwithstanding any other provision of this Agreement,
CenturyLink is not obligated to provide CLEC with unbundled
access to Dedicated Transport that does not connect a pair of
CenturyLink's Wire Centers.
69.2 Subject to availability and the limitations in this Section, CenturyLink will
provide UNE Dedicated Transport only at the following digital signal speeds:
DS1 (1.544 Mbps) and DS3 (44.736 Mbps). UNE Dedicated Transport shall
be dedicated to CLEC's designated traffic.
69.3 DSI Dedicated Transport.
69.3.1 DS1 Dedicated Transport consists of CenturyLink interoffice
transmission facilities that have a total digital signa! speed of
1.544 Mbps and are dedicated to a particular carrier.
69.3.2 CenturyLink will only provide DS1 Dedicated Transport on an
unbundled basis between any pair of CenturyLink Wire Centers
that are classified as Tier 2 or Tier 3 on one or both ends of the
route.
69.3.3 CLEC may obtain a maximum of ten (10) DS1 Dedicated
Transport circuits on each route where DS1 Dedicated Transport
is available on an unbundled basis.
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69.4 DS3 Dedicated Transport.
69.4.1 DS3 Dedicated Transport consists of CenturyLink interoffice
transmission facilities that have a total digital signal speed of
44.736 Mbps and are dedicated to a particular customer or
carrier.
69.4.2 CenturyLink will only provide DS3 Dedicated Transport on an
unbundled basis between any pair of CenturyLink Wire Centers
that are classified as Tier 3 on one or both ends of the route.
69.4.3 CLEC may obtain a maximum of twelve (12) unbundled DS3
Dedicated Transport circuits on each route where DS3 Dedicated
Transport is available on an unbundled basis.
DARK FIBER TRANSPORT
70.0 Pursuant to the terms of the FCC Modemization Order, the terms and
conditions for Unbundled Dark Fiber are not available after February 8,2021consistent with the wire centers listed on:
http://www. centu rvli n k. com/wholesale/clecs/nta. html.
70.1 Dark Fiber is an existing fiber facility that has not been activated through
connection to the optronics that'light' it and render it capable of carrying a
Telecommunications Service. Dark Fiber is unlit optic cable that is deployed
within CenturyLink's network.
70.2 CenturyLink shall provide access to unbundled Dark Fiber Transport at the
rates set forth in Table 1 under the following terms and conditions.
70.3 CenturyLink shall unbundle Dark Fiber Transport only when either CenturyLink
Wire Center defining the route is a Tier 3 Wire Center.
70.3.1 Where CenturyLink is not required to provide unbundled Dark
Fiber Transport, CLEC may not obtain new Dark Fiber Transport
as a UNE.
70.3.2 Maintenance and Testing
a. CenturyLink is only responsible for maintaining the facilities
that it owns. Dark Fiber will be provided as is. No
conditioning will be offered, and CenturyLink will not be
required to condition Dark Fiber on CLEC's behalf.
b. CenturyLink is not responsible for determining whether the
transmission characteristics of the Dark Fiber will
accommodate CLEC requirements.
c. CenturyLink does not guarantee that the transmission
characteristics of the Dark Fiberwil! remain unchanged over
time. CenturyLink agrees to conduct cooperative testing
with CLEC at CLECs request and cost. Cost for the tests
will be determined at the time of the testing request.
70.3.3 Dark Fiber Availability
a. Dark Fiber requests will be handled on a first come, first
served basis, based on the date the BFR Application is
received.
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b. Spare fibers in a sheath are not considered available if
CenturyLink has plans to put the fiber in use within the
current year or the following year.
c. CenturyLink will also maintain fibers to facilitate
maintenance, rearrangements and changes. CenturyLink
willgenerally reserve eight percent (8%) of fibers in a sheath
for maintenance, subjectto a minimum of four (4) fibers and
a maximum of seventy-two (72) fibers.
d. Defective fibers, if any, will be deducted from the total
number of spare fibers that would otherwise be available.
e. Fibers assigned to any carrierthat are still pending optronics
installations will be deducted from the total number of spare
fibers that would otherwise be available.
Access to Dark Fiber Transport
a. Virtualand PhysicalCollocation arrangements may be used
by CLEC to locate the optical equipment necessary to "light"
leased Dark Fiber. On routes where CenturyLink is required
to unbundle Dark Fiber Transport pursuant to Section 70.3,
CenturyLink will only provide CLEC access to such Dark
Fiber Transport where CLEC has Collocation space, leased
as provided in Article lX, in each CenturyLink Centra! Office
or Wire Center where the requested Dark Fiber Transport
fibe(s) terminates.
b. At CenturyLink Central Offices, Dark Fiber Transport
terminates on a fiber distribution frame (or its equivalent) in
the Central Office. The Demarcation Point for Dark Fiber
Transport at Central Offices and Remote terminals wil! be in
a CenturyLink-approved Splitter shelf or fiber patch panel.
This arrangement allows for non-intrusive testing.
c. lf fiber patch panels (FPPs) or Splitter shelves are not
located within close enough proximity for a fiber patch cord,
CLEC must submit an ASR forthe purchase and installation
of CCXC.
d. Establishment of applicable fiber optica! equipment or
intermediate repeaters needed to power the unbundled
Dark Fiber Transport in order to carry Telecommunications
Services is the responsibility of CLEC.
Dark Fiber Transport Application and Ordering Procedure
a. CLEC will submit a Dark Fiber Application (DFA) and
application fee to request that CenturyLink determine the
availability of Dark Fiber Transport between the CLEC-
specified locations. The application fee noted on Table 1
will be charged to CLEC for each application submitted by
CLEC.
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b. lf Dark Fiber Transport is not available, CenturyLink will
notify CLEC of the DFA rejection. lf CLEC contests the
rejection, CLEC wil! follow the Dispute Resolution Process
provided in this Agreement.
c. lf Dark Fiber Transport is available, CLEC will notify
CenturyLink of acceptance/rejection of Dark Fiber Transport
quote, via a firm order, within ten (10) Business Days of
receipt of quote. CLEC will submit a firm order for Dark
Fiber Transport via an ASR.
d. CenturyLink wi!! reserve the requested Dark Fiber Transport
for CLEC during these ten (10) Business Days. lf CLEC
does not submit a firm order by the tenth (1Oth) Business
Day, the requested Dark Fiber Transport will no longer be
reserved. Thereafter, CLEC must submit another DFA and
application fee.
e. By submitting the Dark Fiber firm order, CLEC agrees to pay
quoted monthly recurring and non-recurring charges. See
Table 1 for monthly recurring and non-recurring charges.
f. Billing of the monthly recurring and non-recurring charges
will begin upon completion by CenturyLink of the Dark Fiber
Transport order.
g. lf CLEC cancels firm order before the established due date,
CLEC agrees to reimburse CenturyLink for al! costs
incurred by CenturyLink related to the DFA and the firm
order.
70.3.6 Rules for Reclaiming Dark Fiber
a. !f, at any time, CenturyLink determines that it will not have
sufficient fiber to meet its bandwidth requirements within the
twelve (12) months following the determination,
CenturyLink may reclaim from CLEC the right to use the
Dark Fiber, whether or not CLEC is utilizing the Dark Fiber.
b. CenturyLink will provide CLEC six (6) months written notice
of its intention to reclaim Dark Fiber.
c. CenturyLink wi!! provide CLEC with alternative transport
options and costs when CenturyLink reclaims Dark Fiber.
d. The Dispute Resolution Procedures found in this
Agreement wil! be followed if CLEC contests CenturyLink's
decision to reclaim Dark Fiber.
UNE COMBINATIONS
71.1 Subject to Applicable Law and the terms and conditions in this Section,
CenturyLink will make available to CLEC EELs and other forms of UNE
Combinations.
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General Terms and Conditions
71.2.1 Upon CLEC's request, and subjectto Section 71.2.3, CenturyLink
will provide UNEs in a manner that allows CLEC to combine such
Unbundled Network Elements in order to provide a
Telecommunications Service to its End Users.
71.2.2 CenturyLink shall not separate UNEs requested by CLEC that
CenturyLink currently combines in its network to provide local
service. CenturyLink will provide CLEC access to UNE
Combinations that CenturyLink ordinarily combines in its network
without requiring CLEC to submit a BFR. CLEC must submit a
BFR for UNE Combinations not considered "ordinarily combined,"
including those that (1) CenturyLink does not provide services
using such a Combination of Network Elements; or
(2) CenturyLink does provide services using such Combination
but such provisioning is extraordinary (i.e., a limited Combination
of Network Elements created in order to provide service to a
customer under a unique and nonrecurring set of circumstances).
71.2.3 Upon CLEC'S request, CenturyLink will perform the functions
necessary to combine the UNEs requested by CLEC, provided
that such combination:
a. is Technically Feasible, including that network reliability and
security would not be impaired;
b. would not impairthe ability of other caniers to obtain access
to other unbundled Network Elements or to interconnect
with CenturyLink's network;
c. does not impair CenturyLink's ability to retain responsibility
for the management, control and performance of its
network, or place CenturyLink at a disadvantage in
operating its own network.
71.2.4 Any request by CLEC that CenturyLink provide combined UNEs
that are not otherwise specifically provided for under this
Agreement will be made in accordance with the BFR process
described in Section 48.
71.2.5 CLEC will compensate CenturyLink for the costs of work
performed to combine the requested UNEs pursuant to the rates
in Table 1 or as agreed upon in the BFR process under
Section 48.
71.2.6 The provisioning of combinations, including EEL, is limited to
existing facilities and CenturyLink is not obligated to construct
additionalfacilities to accommodate any request by CLEC.
71.2.7 ln the event that CenturyLink denies a request to perform the
functions necessary to combine UNEs or to perform the functions
necessary to combine UNEs with another service or Network
Elements possessed by CLEC, CenturyLink shall provide written
notice to CLEC of such denial and the basis thereof.
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71.3
71.4
71.2.8 Upon request, CenturyLink will convert a Tariffed service or group
of services, to the equivalent UNE/UNE combination that is
available to CLEC pursuant to this Section, or will convert a
UNE/UNE combination to the equivalent Tariffed service(s)
(collectively Conversion). CenturyLink will charge, and CLEC
agrees to pay, applicable non-recurring Service Order charges
and conversion rates included in this Agreement and/or in the
Tariff.
71.2.9 A Conversion will be considered a termination for purposes of any
volume and/or term commitments or Grandfathered status
between CLEC and CenturyLink.
Commingling
71.3.1 lntentionally Left Blank
71.3.2 Subjectto other applicable provisions of this Agreement including
prohibitions and restrictions, CenturyLink shall permit CLEC to
Commingle a UNE or a Combination of UNEs with facilities or
services obtained at wholesale from CenturyLink to the extent
required by Applicable Law.
71.3.3 CenturyLink shall charge CLEC the non-recurring and recurring
rates applicable to the UNEs, facilities or services that CLEC has
obtained at wholesale from CenturyLink. lf any Commingling
requested by CLEC requires physical work to be performed by
CenturyLink, CenturyLink shall charge CLEC, as noted on the
BFR Quote.
71.3.4 Each component of the Commingled facility, either UNE or Tariff
service, will be billed at the UNE or Tariff service rate for that
component, plus applicable non-recurring charges. CenturyLink
wil! not ratchet the price of individual components; that is,
CenturyLink will not reflect a combination of UNE and Tariff rates
for the same component.
Specific Combinations - EELs
71.4.1 ln order to facilitate the provisioning of EELs, CenturyLink shall
support the ordering and provisioning of this specific combination
as set forth below.
71.4.2 Where required under Applicable Law, CenturyLink will offer the
combination of unbundled Loca! Loops with unbundled Dedicated
Transport. CenturyLink wi!! provide EELs at the applicable
recurring and non-recurring charges as specified in Table 1 for
Loops, Dedicated Transport, and where applicable, Multiplexing.
Recurring and nonrecurring charges, including but not limited to
cross connect charges and Seruice Order Charges, will apply.
CenturyLink wi!! cross-connect unbundled 2- or 4-wire digital
Loops to unbundled voice grade DS1 or DS3 Dedicated Transport
facilities for CLEC's provision of circuit switched Telephone
Exchange Service to CLEC's End Users.
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71.4.3
71.4.4
71.4.5
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Multiplexing shall be provided as necessary as part of Dedicated
Transport at the rates shown in Table 1.
ln order to obtain the EEL combinations below, CLEC must
provide certification that it satisfies the service eligibility criteria for
each circuit as set forth below. CLEC must continue to be in
compliance with the service eligibility criteria for as long as CLEC
continues to receive the services in this Section. CenturyLink will
offer the following EEL Combinations:
a. an unbundled DS1 loop in Combination, or Commingled,
with a DS1 Dedicated Transport or DS3 or higher Dedicated
Transport facility or service;
b. an unbundled DS3 loop in Combination, or Commingled,
with a DS3 or higher Dedicated Transport facility or service;
c. an unbundled DS1 Dedicated Transport facility in
Combination, or Commingled, with an unbundled DS1 loop
or a DSI channeltermination service;
d. an unbundled DS3 Dedicated Transport facility in
Combination, or Commingled, with an unbundled DS1 loop
or a DS1 channeltermination service;
e. an unbundled DS3 Ioop or DS3 or higher channe!
termination service.
EEL Eligibility Criteria
a. CLEC must have State certification to provide local voice
service in the area being served by the EEL or, in the
absence of a State certification requirement, CLEC must
have complied with registration, Tariffing, filing fee, or other
regulatory requirements applicable to the provision of local
voice service in the area served by the EEL;
b. At the time of ordering and continually for the period in
service, the following criteria must be satisfied for each
combined circuit, including each DS1 circuit, each DS1
EEL, and each DSl-equivalent circuit on a DS3 EEL;
1. Each circuit to be provided to each CLEC customer,
including each DS1 and each DS1-equivalent on a
DS3 EEL, must be assigned one local number prior
to the provision of service over the circuit;
2. Each DS1-equivalent circuit on a DS3 EEL or on any
other High-Capacity EEL must have its own local
telephone number assignment, so that each DS3
circuit has at least 2S localvoice telephone numbers
assigned to it;
3. Each circuit to be provided by CLEC to each End
User will have 911 or E911 capability prior to the
provision of service over that circuit;
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4. Each circuit to be provided to each End User must
terminate into a Collocation that meets one of the
following requirements;
a. a Collocation established pursuant to
5251(cX6) of the Act and located at
CenturyLink's Premises within the same
LATA as the CLEC's End Useds Premises,
when CenturyLink is not the collocator;
b. CLEC's Collocation arrangement cannot be
located at an lnterexchange Carrier Point of
Presence (POP) or an ISP POP; or
c. a Collocation located at a third party's
Premises within the same LATA as the
CLEC's End User's Premises, when
CenturyLink is the collocator.
5. For each twenty-four (24) DS1 EELs or other
facilities having equivalent capacity, CLEC must
maintain at least one active DSl local service
lnterconnection Trunk and CLEC is required to
transmit the calling party's number in connection
with calls exchanged over each trunk. Where CLEC
does not establish an lnterconnection arrangement
with CenturyLink for the meaningful exchange of
Local Traffic that flows in both directions, such
lnterconnection arrangement shall not satisfy this
criteria, and
6. Each circuit to be provided to each End User will be
served by a switch capable of switching loca! voice
traffic.
Audits. !n addition to any other audit rights provided for in this Agreement and
those allowed by Applicable Law, CenturyLink may obtain an independent
auditor to audit CLEC, on an annual basis, to determine CLEC's compliance
with the conditions set out in this Section. For purposes of calculating and
applying an "annual basis," it means a consecutive twelve (12) month period,
beginning upon CenturyLink's written notice that an audit wil! be performed.
71.5.1 Should the independent auditor's report conclude that CLEC
failed to comply in any material respects with the Eligibility
Requirements of this Section, CLEC must submit orders to
CenturyLink to either convert all non-compliant circuits to the
appropriate service or disconnect non-compliant circuits.
Conversion and disconnect orders shall be submitted within
thirty (30) Days of the date on which CLEC receives a copy of the
auditor's report or otherwise discovers or is notified that a circuit
does not meet the Eligibility Requirements. Should CLEC fai! to
submit conversion orders within the thirty (30) Day period,
CenturyLink may initiate and effect such a conversion on its own
without any further consent by CLEC.
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71.5.2 CLEC must make accurate payments after the conversion orders
are processed, and must true-up any difference in payments paid
to CenturyLink with the appropriate Tariffed rates and charges
CLEC would have owed CenturyLink beginning from the later of
the date the non-compliant circuit was established as a UNE or
Combination, in whole or in part, or the beginning of the Audit
period.
CLEC also is responsible for paying all non-recurring charges
associated with any disconnects or conversions, whether initiated
by CLEC or CenturyLink pursuant to this provision.
ln no event shall rates set under S252(dXl) apply for the use of
any UNE for any period in which CLEC does not meet the service
Eligibility Requirements and conditions set forth in this Article for
that UNE combination, arrangement, or circuit, as the case may
be.
To the extent that the independent auditor's report concludes that
CLEC failed to comply in all materia! respects with the service
Eligibility Requirements, CLEC shall reimburse CenturyLink for
the actual cost of the independent auditor's work performed in
auditing CLEC's compliance with the service Eligibility
Requirements and for CenturyLink's necessary and reasonable
interna! costs incurred conducting the audit.
CLEC will maintain the appropriate documentation to support its
eligibility certifications, including, without limitation, call detai!
records, loca! telephone number assignment documentation, and
switch assignment documentation. CLEC will maintain this
documentation for the Term of the Agreement plus a period of
one (1) year.
71.5.3
71.5.4
INTENTIONALLY LEFT BLANK
ROUTINE NETWORK MODIFICATIONS TO CENTURYLINK'S EXISTING NETWORK
71.5.5
71.5.6
72.
73.
73.1
73.2
At CLEC's request CenturyLink shall make Routine Network Modifications to
UNE Loop or Dedicated Transportfacilities used by CLEC wherethe requested
UNE facility has already been constructed. CenturyLink shall perform Routine
Network Modifications to UNE facilities in a nondiscriminatory fashion, without
regard to whether the UNE facility being accessed was constructed on behalf,
or in accordance with the specifications, of any carrier.
A Routine Network Modification is an activity that CenturyLink regularly
undertakes for its own customers. Routine Network Modifications may include
rearranging or splicing of cable; adding an equipment case; adding a doubler
or repeater; adding a smart jack; installing a repeater shelf; adding a line card;
deploying a new multiplexer or reconfiguring an existing multiplexer and
attaching electronic and other equipment that CenturyLink ordinarily attaches
to activate such UNE Loops or Transport facilities for its own End User.
Routine Network Modifications may entai! activities such as accessing
manholes, deploying bucket trucks to reach aerial cable, and installing
equipment casings.
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73.3
73.4
73.5
73.6
73.7
Routine Network Modifications do not include: the construction of a new UNE
Loop or Dedicated Transport; installation of new aerialor buried cable; splicing
cable at any location other than an existing splice point or at any location where
a splice enclosure is not already present; securing permits, rights-of-way, or
Building access arrangements; constructing and/or placing new manholes,
handholds, poles, ducts or conduits; installing new terminals or termina!
enclosures (e.9., controlled environmentalvaults, huts, or cabinets); providing
new space or power for requesting carriers; or removing or reconfiguring
packetized transmission facility. CenturyLink is not obligated to perform these
and other similar activities for CLEC.
CenturyLink will determine whether and how to perform Routine Network
Modifications using the same network or outside plant engineering principles
that would be applied in providing service to CenturyLink's End User.
lf CLEC requests one or more unbundled Local Loops serviced by lntegrated
Digita! Loop Carrier (!DLC), CenturyLink will, where available, move the
requested unbundled Local Loop(s) to a spare, existing physicalor a universal
digital loop carrier unbundled Local Loop. lf, however, no spare Local Loop
facility is available for unbundling, CenturyLink wi!! notify CLEC of the lack of
available facilities.
CenturyLink will provide Routine Network Modifications based on the terms
and conditions set out in this Article, at the prices in Table 1 or on CenturyLink's
BFR price quote. The Parties agree that the Routine Network Modifications for
which CenturyLink is not recovering costs in existing recuning and non-
recurring charges, and for which costs will be imposed on CLECs as an lCB
include, but are not limited to: adding an equipment case; adding a doubler or
repeater including associated line card(s); installing a repeater sheff and any
other necessary work and parts associated with a repeater shelf; and where
applicable, deploying multiplexing equipment, to the extent such equipment is
not present on the UNE Loop or Dedicated Transport facility when ordered.
CenturyLink is not obligated to build TDM capability into new packet-based
networks or into existing packet-based networks that never had TDM
capability. This includes packet-based networks that incorporate a packet to
TDM format translation to connect to End User-provided equipment.
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74.
75.
76.
77.
78.
79.
80.
8'1.
82,
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ARTICLE VIII. ADDITIONAL SERVICES
NUMBER PORTABLITY
83.1 Definitions. For purposes of this Section governing Number Portability, the
following definitions shall apply:
83.1.1 Coordinated Hot Cut (CHC): A combined and simultaneous effort
between local service providers to perform the completion of a
Local Service Request order.
83.1.2 Donor Party: The Party that is receiving the number port request
and is relinquishing the ported number.
83.1.3 Local Routing Number (LRN): A ten (1O)-digit number that is
assigned to the network switching elements forthe routing of calls
in the network.
83.1.4 Number Portability (NP): The in-place long-term method of
providing Number Portability (NP) using the LRN method.
83.1.5 Recipient Party: The Party that is initiating the number port
request and is receiving the ported number.
83.1.6 Simple Ports. Those ports meeting the FCC's definition of
"Simple" ports
83.1.7 Ten-Digit Unconditional Trigger Method (TDT): An industry-
defined PNP solution that utilizes the ten-digit Local Routing
Number to provide for an automated process that permits the
work at the Recipient Party's switch to be done autonomously
from the work at the Donor Party's switch resulting in less
downtime to the End User.
83.2 Number Portability (NP). Each Party will provide local Number Portability and
obtain End User authorization in accordance with the Act, and applicable FCC
rules, regulations and orders as amended from time to time. CLEC shall
provide NP to CenturyLink under no less favorable terms and conditions as
when CenturyLink provides such services to CLEC. The Act requires allowing
End Users to change local service providers and retain the same telephone
number(s) within the serving Rate Center utilizing the portability method as
defined by the FCC. The Parties recognize that the Act and the applicable
FCC rules, regulations and orders limit porting to carriers having facilities or
numbering resources in the same Rate Center, or to carriers who have
partnered with a wireline carrier for numbering resources where the partnering
carrier has facilities or numbering resources in the same Rate Center, and do
not mandate location portability and the Parties wi!! not submit orders for such
non-mandated types of portability.
83.3 Testing
83.3.1 lf CLEC has not initiated porting with CenturyLink in a specific
exchange, prior to port order submission, CLEC wil! conduct
testing with CenturyLink as required by the NANC LNP
Guidelines incorporated by referencein 47 C.F.R. 552.26.
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83.3.2 CLEG must be NPAC certified and have met CenturyLink testing
parameters prior to activating LNP. Each Party will bear its own
expenses for testing.
83.3.3 The Parties will cooperate to ensure effective maintenance
testing through activities such as routine testing practices,
network trouble isolation processes and review of operational
elements for translations, routing and network fault isolation.
83.3.4 The Parties shall cooperate in testing performed to ensure
interconnectivity between systems. The Parties shall notify each
other at Ieast sixty (60) Days in advance of any system updates
that may affect the porting operations of CLEC or CenturyLink.
Each Pafi shall, at each other's request, jointly perform tests to
validate the updated operations.
A Party requesting a number to be ported must send the other providing Party
a LSR. lf a Party requests that the other Party port a number, the Parties shall
follow the 'Local Number Portability Ordering Process' documented on the
CenturyLink Wholesale Website and comply with applicable FCC rules,
regulations and orders.
83.4.1 End User Non-Payment. CenturyLink will port numbers for
customers whose service has been suspended for non-payment.
However, CenturyLink will not port numbers once the customer's
service has been disconnected.
83.4.2 Neither Party shall be required to provide Number Portability
under this Agreement for excluded numbers defined by FGC
orders or other Applicable Law, as updated from time to time,
including but not limited to: 500 NPAs; 900 NPAs; 950 and 976
NXX number services; and OCS NXXs (i.e., numbers used
internally by either Party for its own business purposes). The
term'Official Communications Service (OCSf means the intemal
telephone numbers used by CenturyLink or CLEC.
83.4.3 lnactive Numbers. CenturyLinkwillnot port numbers not currently
being used by a CenturyLink End User or previously reserved on
an existing CenturyLink End Use/s account.
83.4.4 LERG Reassignment. Portability for an entire NXX shal! be
provided by utllizing reassignment of the NXX to CLEC through
the LERG.
83.4.5 Porting lnterval. Both Parties agree to porting intervals as
mandated by the FCC or as provided in the LNPA WG Best
Prac'tices. (http://www. n pac. com/ln pa-worki nq-q rou p/ln o-best-
oractices) The following terms shall also apply:
a. Local Number Portability (LNP) orders may not be
expedited.
b. Mass Calling Events. The Parties will notify each other at
least seven (7) Days in advance where ported numbers are
utilized. Parties wil! only port Mass Calling numbers using
switch translations and a choke network for call routing.
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83.4.7
83.4.8
83.4.9
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Porting on Mass Calling numbers will be handled outside
the normal porting process and comply with any applicable
federal regulatory requirements or industry guidelines
developed for Mass Calling numbers.
FOC. Both Parties agree to provide a Firm Order Confirmation
(FOC) to the Recipient Party at intervals as mandated by the FCCor as provided in the LNPA WG Best Practices.
(http ://www. n pac. com/lnpa-worki nq-q roup/ln p-best-practices)
Project Management. For purposes of this Agreement, the
Parties will use a project management approach for the
implementation of LSRs for non-standard requests such as
coordinated cutovers including but not limited to Coordinated Hot
Cuts and after hours cutover requests. The Parties may mutually
agree on using a project management approach for very large
volumes of number ports such as a large business, hospital or
government agency cutover.
a. CLEC bears sole responsibility for any End User issues
associated with porting cutovers when CenturyLink
recommends a project approach and CLEC declines to use
such a process.
Service Order Charge. The Party receiving the LSR will bill the
Service Order charge set forth in Table 1 for each LSR received.
The Party will billthe Service Order charge for a LSR, regardlessof whether that LSR is later supplemented, clarified or
cancelled. The receiving Party will also bill an additional Service
Order charge for supplements to any LSR submitted to clariff,
correct, change or cancel a previously submitted LSR.
When CenturyLink receives an un{ueried call from CLEC to a
telephone number that has been ported to another local services
provider, the Transit rate and the LNP query charges found in
Table 1 willapply.
IXC Revenue. When an IXC terminates an lnterLATA or
lntraLATA toll call to either Party's loca! exchange customer
whose telephone number has been ported from one Party to the
other, the Parties agree that the Party to whom the number has
been ported shal! be entitled to revenue from the IXC for those
access elements it actually provides including, but not limited to
End Office Switching, local transport, RlC, and CCL. The Party
from whom the number has been ported shall be entitled to
receive revenue from the IXC for those access elements it
actually provides including, but not limited to any entrance facility
fees, access Tandem fees and appropriate local transport
charges.
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84.
83.4.11 When a ported telephone number becomes vacant, e.9., the
telephone number is no longer in service bythe original End User,
the ported telephone number will snap-back to the LERG-
assigned thousands block holder or the NXX code holder if
pooling is being utilized in the Rate Center.
83.4.12 Each Party shall become responsible for the End Use/s other
ancillary services, e.9., E911, Directory Listings, Operator
Services, Line lnformation Database (LIDB), when the port of the
End User's telephone number to its switch is completed.
83.5 Cut-Over Process for Number Porting Orders
83.5.1 Ten-DigitUnconditionalTriggerMethod(TDT)Cut-Over
a. Where Technically Feasible, both Parties will use PNP-LRN
cut-overs, which rely upon the TDT for porting numbers.
CenturyLlnk will update its Website to identify the
circumstances of which it is aware where use of TDT is not
Technically Feasible.
b. Sefting of ten digit triggers or an alternative must be used
as shown in the FCC mandated NANC LNP Process Flowsat http://www.npac.com/lnpa-workinq-qroup/nanc-lnp-
process-flows (See Flows 9 and 10).
83.5.2 Coordinated Hot Cuts (CHC)
a. Where the Parties agree or are required to implement a
CHC to effectuate a service cut-over, the Parties shallfollow
the process and procedures for such CHCs set forth in the
CenturyLink Standard Practices.
b. Pricing for Number Portability CHCs
1. When a Recipient Party orders CHC service, the
Donor Party shall charge, and the Recipient Party
shal! pay, the applicable Charges set forth in
Table 1.
2. Coordination of Service Order work outside normal
business hours shal! be at requesting Party's
expense. Premium and overtime rates will apply as
applicable for Service Order work performed outside
normal business hours, weekends, and holidays.
3. For calculating "time" and/or "additional time' labor
charges, the time shall begin when the Donor Party
ff:In ff,*,:1'rH[[ff '*iT',f,j#,, a nd ends
AGCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
84.1 Via Tariff or Separate Agreement. To the extent required by the Act, including
the requirementthat a requesting Telecommunications Carrier be a provider of
Telecommunications Services, CenturyLink and CLEC shalleach afford to the
other access to the poles, ducts, conduits and rights'of-way (ROWs) that it
owns or controls on terms, conditions and prices comparable to those offered
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to any other entity pursuant to each Party's Tariffs and/or in a separate written
agreement and in accordance with Applicable Law and regulations.
Accordingly, if CenturyLink or CLEC desires access to the other Party's poles,
ducts, conduits or ROWs, the Party seeking access shallmake such a request
in writing, and the Parties shall negotiate the terms and conditions for such
access in accordance with Applicable Law. Such terms and conditions shall
be contained in separate, stand-alone agreement.
84.2 Pole Attachment & Conduit Occupancy Agreements. CLEC agrees that pole
attachment and conduit occupancy agreements must be executed separately
before it makes any pole attachments to CenturyLink's facilities or uses
CenturyLink's conduit. Unauthorized pole attachments or unauthorized use of
conduit will constitute a material breach of this Agreement.
BASIC 911 AND E911 SERVICE
85.1 E911 Universal Emergency Number Service is provided by CenturyLink to
CLEC serving End Users in a geographic area where CenturyLink is the 911
Service Provider.
85.2 CenturyLink's Responsibilities: When CenturyLink is designated by the PSAP
as the primary 911 Service Provider in a geographic area in which CLEC
furnishes local Telephone Exchange Service, CenturyLink shall have the
obligations in this Section.
85.2.1 Call Routing
a. CenturyLink will switch 911 calls through the Selective
Router to the designated primary PSAP or to designated
alternate locations, according to routing criteria specified by
the PSAP.
b. CenturyLink will forward the calling party number (ANl) it
receives from CLEC and the associated 911 Automatic
Location ldentification (ALl) to the PSAP for display. lf no
AN! is forwarded by CLEC, CenturyLink will route the call to
the "Default' ESN assigned to CLEC's 911 Trunk group and
will forward an identification code for display at the
designated "Default" PSAP associated with the "Default"
ESN. !f the ANI is forwarded by CLEC but no ALI record is
found in the 911 DBMS, CenturyLink will report this "No
Record Found' condition to CLEC in accordance with NENA
standards.
85.2.2 Facilities and Trunking
a. CenturyLink will provide transport facilities to interconnect
CLEC to CenturyLink's SR, at standard CenturyLink rates
found in Table 1 or, if ordered as Switched Access Service
or Special Access Service, then at the rates found in the
appropriate access tariff. Additionally, when diverse
facilities are requested by CLEC, CenturyLink will provide
such diversity where Technically Feasible and facilities are
available at rates found in Table 1 or, if ordered as Switched
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a. Where CenturyLink manages the ALI Database,
CenturyLink shal! store CLEC's End User 911 records.
b. Where CenturyLink is the ALI Database provider,
CenturyLink shall coordinate access to the CenturyLink
DBMS for the initial loading and updating of CLEC's End
User 911 records. For such purposes, CenturyLink will
provide CLEC with access to WebDBMS, which is a
customer interface to the DBMS which restricts CLEC
access to CLEC End User records only, and is used for
viewing and coordinating electronic file processing of such
End User records. CenturyLink shall provide CLEC with a
password totheWebDBMS, and CLEC shallbe responsible
for maintaining confidentiality and use of such password.
c. CenturyLink ALI Database shall accept electronically
transmitted files that are based upon NENA standards.
Manual entry shall only be allowed in the event the DBMS
is not functioning, or if CenturyLink has specifically agreed
pursuant to separate written terms setting forth such
arrangements, including compensation at the rates found in
Table 1.
d. CenturyLink wil! provide an error and status report for
CLEC's End User records received from CLEC. This report
will be provided in a timely fashion in accordance with the
methods and procedures to be provided to CLEC.
e. Where CenturyLink manages the ALI Database,
CenturyLink shall provide CLEC with one electronic file
containing the MSAG annually for each county in the State
forwhich this Agreement is applicable, in which CenturyLink
is the 911 Service Provider, and in which CLEC exchanges
Loca! Traffic with CenturyLink. Additiona! copies of the
MSAG file are available at the rate set forth in Table 1.
f . Where CenturyLink manages the ALI Database,
CenturyLink shall establish a process for the management
of NPA splits by populating the AL! Database with the
appropriate NPA codes.
Access Service or SpecialAccess Service, then at the rates
found in the appropriate access tariff.
Upon written request by CLEC, CenturyLink sha!!, in a timely
fashion and at no charge, provide CLEC with a description
of the geographic area (or Rate Centers) and PSAPs served
by the 911 Selective Router(s) based upon the standards
set forth in the May 1997 NENA Recommended Standards
for Loca! Service Provider lnterconnection lnformation
Sharing, or any subsequent revision(s) thereto.
b.
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CLEC's Responsibilities. Where CenturyLink is the 911 Service Provider,
CLEC shall have the obligations in this Section.
85.3.1 Ca!!Routing
a. CLEC will transport 911 ca!!s to the applicable CenturyLink
Selective Router.
b. Where supported by CenturyLink and where Technically
Feasible, CLEC may implement 911 Service using a
Dynamic 911 solution
c. CLEC will forward the AN! information of the party calling
911 to the applicable CenturyLink Selective Router.
85.3.2 Facilities and Trunking
a. CLEC or its agent sha!! order and maintain a minimum of
one 911 dedicated DS1 facility for each SR with a minimumof two one-way outgoing DSO trunks dedicated for
originating 911 calls to reach each applicable PSAP served
by such SR. CLEC or its agent will provision these transport
facilities in accordance with applicable NENA standards.
CLEC or its agent shall order such transport facilities from
CenturyLink at the rates found in Table 1. CenturyLink's
access services are available as an alternative, and when
CLEC or its agent chooses to order switched or special
access facilities, the appropriate CenturyLink access tariff
rates apply instead of the rates found in Table 1. CLEC or
its agent shall engineer its 911 Trunks to attain a minimum
of P.01 grade of service as measured using the "busy
day/busy hour criteria or, at such higher grade of service as
required by Applicable Law or duly authorized governmental
authority.
b. CLEC acknowledges that End Users in a single Local
Calling Area may be served by different SRs, and that CLEC
or its agent shal! be responsible for providing sufficient
transport facilities and trunking to route 911 calls from its
End Users to each of the proper 911 SRs.
c. CLEC or its agent is responsible for providing a separate
911 Trunk group for each county or other geographic area
that CLEC serves if the PSAP for such county or geographic
area has a specified varying default routing condition. lf
CLEC or its agent uses MF signaling, it must transmit 911
traffic over a separate 911 Trunk group for each NPA (area
code) served by affected PSAPS.
d. Where diverse routing to CenturyLink SRs is desired by
CLEC or required by the applicable PSAP or as otherwise
necessary for the proper routing of 911 calls to the
appropriate PSAP, then CLEC is responsible for ordering
such transport facilities at CLEC's expense. These diverse
transport facilities to interconnect the CLEC to
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85.3.3
85.3.4
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CenturyLink's SR will be ordered at rates found in Table 1
or, if ordered as Switched Access Service or SpecialAccess
Service, then at the rates found in the appropriate access
tariff.
e. CLEC is responsible for determining and maintaining the
proper quantity of 911 dedicated one-way outgoing trunks
and facilities from its switch(es) to the CenturyLink SR.
f. CLEC or its agent shall monitor its 911 Trunks for the
purpose of determining originating network traffic volumes.
lf CLEC's traffic study indicates that additional trunks are
needed to meet the current leve! of 91 1 call volumes, CLEC
shall order additional dedicated 911 facilities from
CenturyLink at the rates set forth in Table 1 or require its
agent to order such facilities.
g. CLEC agrees that it will not pass live 911 traffic until
successfultesting is completed by both Parties.
Selective Router Port Charges/Terminations for Connecting
Companies
a. The CLEC is required to order two trunks and associated
ports forthe establishment of the connection to the Selective
Router that provides connectivity for incoming 911 trunks to
enable CLEC access to the Emergency Services network.
The SR Trunk Port is billed recurring and nonrecurring rates
per port at the rates found in Table 1.
Database
a. Once 911 Trunks have been established and tested
between CLEC and appropriate SRs, CLEC or its agent
shall be responsible for providing CLEC's End User records
to CenturyLink for inclusion in CenturyLink's ALI Database.
b. CLEC shal! assign a 91 1 database coordinator charged with
the responsibility of forwarding CLEC End User ALI record
information to CenturyLink.
c. CLEC shall provide initia! and ongoing updates of CLEC's
911 records that are MSAG-valid in electronic format based
upon established NENA standards. CLEC shal! provide
information on new subscribers to CenturyLink within
one (1) Business Day of the order completion. CenturyLink
shall update the database within two (2) Business Days of
receiving the data from CLEC. lf CenturyLink detects an
error in the CLEC provided data, the data shall be returned
to the Company lD owner within two (2) Business Days from
when it was provided to CenturyLink. CLEC shall respondto requests from CenturyLink to make corrections to
database record errors by uploading corrected records
within two (2) Business Days. Manualentry shall be allowed
only in the event that the system is not functioning properly
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85.4
or if CenturyLink has specifically agreed pursuant to
separate written terms setting forth such anangements,
including compensation at the rates found in Table 1.
d. CLEC assumes all responsibility for the accuracy of the data
that CLEC or their agent provides to CenturyLink.
e. CLEC shall adopt use of a Company lD on all CLEC 911
records in accordance with NENA standards. The Company
!D is used to identify the carrier of record in facility
configurations.
f. CLEC shall be solely responsible for providing test records
and conducting cal!-through testing on all new exchanges.
85.3.5 Other
a. CLEC shall obtain its own pANls for each PSAP to which
CenturyLink provides or shall provide coverage, and shall
supply these pANls to CenturyLink for the Selective Routers
servicing each such PSAP. !f warranted by traffic volume
growth, or if upon request by a PSAP or other governmental
or quasi-governmenta! entity, CLEC shall promptly obtain
the appropriate number of additional pANIs to be allocatedto each PSAP as may be appropriate under the
circumstances.
b. CLEC is responsible for collecting from its retai! End Users
any applicable 911 surcharges required by law to be
assessed and remit such surcharges to the appropriate
entity or entities specified by Applicable Law.
c. For all 9111E911 traffic originating from Carrier, it is the
responsibility of Canier to negotiate the manner in which
911/E911 traffic ftom Carrier will be processed with the
appropriate state or local PSAP agency and/or the primary
91 1 service provider that has been designated by the PSAP.
Responsibilities of Both Parties
85.4.1 The Parties shalljointly coordinate the provisioning of transport
capacity sufficient to route originating 911 calls from CLEC to the
designated CenturyLink 91 1 Selective Router(s).
85.4.2 Where SS7 connectivity is available and required by the
applicable PSAP, the Parties agree to implement CCS trunking
rather than CAMA MF trunking.
85.4.3 CenturyLink and GLEC will cooperate to promptly test all trunks
and facilities between CLEC's switch and the CenturyLink SR(s)
in accordance with industry standards.
85.4.4 CLEC is responsible for the isolation, coordination and restorationof all 911 network maintenance problems on its network
(including any facilities not from CenturyLink). CenturyLink will be
responsible for the isolation, coordination and restoration of all
911 network maintenance problems on its network. CLEC is
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85.5
85.6
responsible for advising CenturyLink of the 2-6 code OSC) and
the fact that the trunk group is a 911 Trunk group when notifying
CenturyLink of a failure or outage. The Parties agree to work
cooperatively and expeditiously to resolve any 911 outage.
CenturyLink will refer network trouble to CLEC if no defect is
found in CenturyLink's 911 network. The Parties agree that 911
network problem resolution will be managed expeditiously at all
times.
!ntentionally Left Blank
Methods and Practices
85.6.1 Each Party wil! comply with all of the following to the extent that
they apply to 911 Service: (i) all FCC and applicable state
Commission rules and regulations, (ii) any requirements imposed
by any Governmental Authority other than a Commission.
Ordering
85.7.1 CLEC will identiff geographic territory CLEC will provide service
in its trunk forecast submitted to CenturyLink. CLEC will be
informed of the applicable SR(s) and configuration required by
CenturyLink as part of the pre-ordering process.
CLEC is responsible for contacting appropriate PSAP(s) or state
entity(ies) that have jurisdiction in the geographic area(s) in which
CLEC is implementing service, and to provide required
information to such PSAP(s) or government entities as required
by such PSAP(s) or government entities prior to initiating the pre-
ordering process for 911 Service provided by CenturyLink.
85.7.2
Basis of Compensation
85.8,1 Compensation to CenturyLink for provision of 911 Service will be
in accordance with the charges set forth in Table 1.
85.8.2 Charges will begin on the date of connection to 911 Service.
85.8.3 ln satisfaction of CLEC orders or requests related to 911 Service,
CenturyLink may be required to make expenditures or otherwise
incur costs that are not otherwise listed in this Section. ln such
event CenturyLink is entitled to reimbursement from CLEC for a!!
such costs provided that CenturyLink first notifies CLEC of the
costs and obtains CLEG's concurrence to proceed with fulfilling
the order or request. For all such costs and expenses
CenturyLink shall receive through individua! case basis (!CBs)
non-recurring charges (NRCs) the actua! costs and expenses
incurred, including labor costs and expenses, overhead and fixed
charges, and may include a reasonable contribution to
CenturyLink's common costs.
Liability
85.9.1 911 Service is provided by CenturyLink subject to limitation of
liability under Applicable Law and the following subsections.
85.7
85.8
85.9
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86.
87
85.9.2 CenturyLink's entire liability to CLEC or any person for
interruption or failure of any aspect of 91 1 Service shall be limited
by the terms set forth in this Section, and in any sections of other
Articles which apply to the provision of services by CenturyLink.
911 Service is offered solely to assist CLEC in providing 911
Service to its End Users in conjunction with applicable fire, police,
and other public safety agencies. By providing 911 Service to
CLEC, CenturyLink does not create any relationship or obligation,
direct or indirect, to any third party otherthan CLEC. CenturyLink
shall not be liable for any mistakes, omissions, interruptions,
delays, errors or defects in transmission or service caused or
contributed to by acts or omissions of any person other than
CenturyLink, or arising from the use of CLEC provided facilities or
equipment.
85.9.3 CenturyLink shall not be liable for damages, whether in contract,
tort, or othenrise, caused by an act or omission of CenturyLink in
the good faith release of information not in the public record,
including nonpublished or nonlisted subscriber information to
PSAPs or other agencies responding to calls using such
information to provide a 911 Service.
85.9.4 lt is the obligation of CLEC to properly route all 911 calls from
CLEC's End Users. CenturyLink shallnot have any responsibility
for 911 calls that carry foreign dial tone, whether they originate
within or outside of CLEC's service area.
DIRECTORY ASSISTANCE
86.1 The Parties acknowledge that CenturyLink is not a Directory Assistance (DA)
provider. CenturyLink provides directory listings information for its subscribers
to third party DA providers to be included in the national and local databases
used by such third party providers. The Parties agree that to the extent the DA
provider contracted by CLEC for DA services to CLEC's subscribers also
populates the national DA database, then CLEC's DA listings have been made
available to CenturyLink's subscribers and no further effort is needed by either
Party. lf for any reason, CLEC desires that CenturyLink act as a middleman
conduit for the placement of CLEG's DA Iistings in the DA database(s), then
CenturyLink sha!! provide such compensable DA listings service pursuant to
separate written terms and conditions between CenturyLink and CLEC which
will be attached to this Agreement as an Amendment.
DIRECTORY LISTINGS SERVICE
87.1 These requirements pertain to CenturyLink's Listings Service Request process
that enables CLEC to (a) submit CLEC End User information for inclusion in
Directory Listings databases; and (b) submit CLEC End User information for
inclusion in published directories.
87.2 When implemented by the Parties, CenturyLink shal! accept orders on a real-
time basis via Electronic lnterface in accordance with OBF Directory Service
Request standards. For manual orders, CenturyLink shall create a standard
format and order process by which CLEC can place an orderwith a single point
of contact within CenturyLink.
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87.3
87.4.
87.5
87.6.
87.7
87.8
CenturyLink will provide to CLEC the following Directory Listing Migration
Options:
87.3.1 Migrate "As ls." Retain all white page listings for the End User in
both DA and DL. Transfer ownership and billing for white page
listings to CLEC.
87.3.2 Migrate with Changes. lncorporate the specified changes
(e.9., additional listings order, deletions, or other changes to
existing listing information). Transfer ownership and billing forthe
white page listings to CLEC.
CenturyLink shal! update and maintain directory listings information to reflect
which of the following categories CLEC subscribers fall into:
87.4.1. LISTED means the listing information is available for all directory
requirements;
87.4.2. NON-LISTED means the listing information is available for all
directory assistance purposes, but the information does not
appear in the published directory;
87.4.3. NON-PUBLISHED means that the listing infonnation is not
available in either the published directory or directory assistance.
Based on changes submitted by CLEC, CenturyLink shal! update directory
listings data for CLEC End Users who:
87.5.1 Disconnect Service;
87.5.2 Change Local Provider;
87.5.3 lnstallService;
87.5.4 Change any service which affects DA information;
87.5.5 Specify Non-Solicitation; and
87.5.6 Change categories from Non-Published, Non-Listed, or Listed.
The charge for storage and maintenance of CLEC End User information in the
DL system is included in the rates where CLEC is buying UNE Loops with
respect to specific addresses. !f CLEC does not purchase UNE Loops, CLEC
shall pay for such storage and maintenance services at the rate reflected on
Table 1.
CLEC acknowledges that certain directory functions are not performed by
CenturyLink but rather are performed by and are under the control of the
directory publisher, and CenturyLink shall not have any liability to CLEC for any
acts or omissions of the publisher.
CLEC acknowledges thatfor a CLEC End User's name to appear in a directory,
CLEC must either (i) submit an LSR reflecting a request for directory listing, or
(ii) contract directly with the publisher. lf CLEC wants to delete an End User
listing from CenturyLink's database (e.g. if CLEC contracts directly with the
publisher), CLEC must submit an appropriate LSR. All orders will be subject
to applicable charges reflected on Table 1.
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87.9
87.10
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CLEC shall provide directory listings to CenturyLink pursuant to the directory
listing and delivery requirements in the data format currently used by
CenturyLink, at a mutually agreed upon timeframe. Other formats and
requirements shall not be used unless mutually agreed to by the Parties.
Traditional White Pages Listings.
87.10.1 CenturyLink shall include in its master End User system database
a!! white pages listing information for CLEC End Users whose
information was properly submitted using an LSR.
87.10.2 When CLEC purchases UNE Loops at a specific address, one
basic White pages listing for each CLEC End User is included in
the rates in Table 1. lf CLEC requests a listing for an address
where CLEC is not buying UNE Loops, CLEC shall pay for all
requested listings for such address at the rate reflected on
Table 1. A basic White Pages listing is defined as a customer
name, address and one primary telephone number.
87.10.3 CLEC agrees to provide customer listing information for CLEC's
subscribers to CenturyLink, at no charge. CenturyLink wil!
provide CLEC with the appropriate format for provision of CLEC
customer listing information to CenturyLink. The Parties agree to
adopt a mutually acceptable electronic format for the provision of
such information as soon as practicable.
87.10.4 CLEC wi!! be charged a Service Order entry fee upon submission
of Service Orders into CenturyLink's Service Order Entry (SOE)
System. Service Order entry fees apply when Service Orders
containing directory records are entered into CenturyLink's SOE
System initially, and when Service Orders are entered in order to
process a requested change to directory records.
87.10.5 CLEC End User listing information will be used solely for the
provision of directory services, including the sale of directory
advertising to CLEC End Users.
87.10.6 !n addition to a basic White Pages listing, CenturyLink will provide
Tariffed White Pages listings (e.9., additional, alternate, foreign
and non-published listings) for CLEC to offer to CLEC's End
Users.
87.10.7 CenturyLink will accord CLEC End User listing information the
same level of confidentiality that CenturyLink accords its own
proprietary customer listing information. CenturyLink shall ensure
that access to CLEC End User proprietary listing information will
be limited solely to those of CenturyLink and CenturyLink's
directory publisher's employees, agents and contractors that are
directly involved in the preparation of listings, the production and
distribution of directories, and the sale of directory advertising.
CenturyLink will advise its own employees, agents and
contractors and its directory publisher of the existence of this
confidentiality obligation and will take appropriate measures to
ensure their compliance with this obligation.
1U
87.10.8
87.11 Other Directory Services.
87.11.1
87.11.2
87.11.3
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CenturyLink wil! provide CLEC's End User listing information to
any third party to the extent required by Applicable Rules.
Both parties acknowledge that CenturyLink's directory publisher
is not a party to this Agreement and that the provisions contained
in this Agreement are not binding upon CenturyLink's directory
publisher.
CenturyLink agrees to include critical contact information
pertaining to CLEC in the lnformation Pages of those of its White
Pages directories containing information pages, if CLEC meets
criteria established by its directory publisher. Critical contact
information includes CLEC's business office number, repair
number, billing information number, and any other information
required to comply with applicable regulations, but not advertising
or purely promotional material. CLEC will not be charged for
inclusion of its critical contact information. The format, content
and appearance of CLEC's critical contact information must
conform to applicable directory publisher's guidelines and will be
consistent with the format, content and appearance of critical
contact information pertaining to allCLECs in a directory.
The directory publisher shall maintain full authority as publisher
over its publishing policies, standards and practices, including
decisions regarding directory coverage area, directory issue
period, compilation, headings, covers, design, content or format
of directories, and directory advertising sales.
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ARTICLE IX. COLLOCATION
SCOPE OF COLLOCATION TERMS
88.1 CenturyLink will provide Collocation to CLEC in accordance with this
Agreement for the purposes of lnterconnection to CenturyLink pursuant to the
Act (including 47 U.S.C. S251(c)(2)) and for obtaining access to CenturyLink's
UNEs pursuant to the Act (including 47 U.S.C. $251(c)(3)). Collocation shal!
be provided on a nondiscriminatory basis, on a "first-come, first-served' basis,
and otherwise in accordance with the requirements of the Act (including
47 U.s.c. $251(c)(6)).
88.2 Prices and fees for Collocation and other services under this Agreement are
contained in Table 2.
88.3 This Agreement states the genera! terms and conditions upon which
CenturyLink will grant to CLEC the non-exclusive right to gain access to and
occupy the Collocation space, and other associated facilities as may be
necessary, for the sole and exclusive purpose of providing
Telecommunications Service upon submission of an approved and provisioned
Application for Collocation service. Such service will be provided by installing,
maintaining and operating CLEC's equipment, which wi!! interconnect with
Telecommunications Services and facilities provided by CenturyLink or others
in accordance with this Agreement.
TERMINATION OF COLLOCATION SPACE
89.1 CLEC may terminate occupancy in a particular Collocation space upon
thirty (30) Days prior written notice to CenturyLink. Upon termination of such
occupancy, CLEC at its expense shall remove its equipment and other property
from the Collocation space. CLEC shall have thirty (30) Days from the
termination date to complete such removal, including the remova! of al!
equipment and facilities of CLEC's Guests; provided, however, that CLEC shall
continue payment of monthly fees to CenturyLink until such date as CLEC has
fu!!y vacated the Collocation space. CLEC will surrender the Collocation space
to CenturyLink in the same condition as when first occupied by CLEC, except
for ordinary wear and tear.
89.2 CLEC sha!! be responsible for the cost of removing any enclosure, together
with all supporting structures (e.9., racking, conduits), of an Adjacent
Collocation arrangement at the termination of occupancy and restoring the
grounds to their original condition.
89.3 Upon termination of CLEC's right to possession of a Collocation space, CLEC
sha!! surrender possession and vacate the Collocation space within thirty (30)
Days. Failure to surrender the Collocation space within thirty (30) Days shall
be considered abandonment and CenturyLink will have the right to remove the
equipment and other property of CLEC or the CLEC's Guest at CLEC's
expense and with no liability for damage or injury to CLEC's property.
89.4 Should CenturyLink under any Section of this Agreement remove any of
CLEC's equipment from its Collocation space, CenturyLink wi!! deliver to CLEC
any equipment removed by CenturyLink only upon payment by CLEC of the
cost of removal, storage and delivery, and a!! other amounts due CenturyLink
under this Agreement. Should CLEC fail to remove any of its equipment
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deemed abandoned, title thereto shall pass to CenturyLink under this
Agreement as if by a Bill of Sale. Nothing herein shall limit CenturyLink from
pursuing, at its option, any other remedy in law, equity, or otherwise related to
CLEC's occupancy in the Collocation space, including any other remedy
provided in this Agreement.
89.5 CLEC shall surrender all keys, access cards and CenturyLink-provided photo
ldentification cards to the Collocation space and the Building to CenturyLink,
and shall make known to CenturyLink the combination of all combination locks
remaining on the Collocation space.
89.6 lf it becomes necessary in CenturyLink's reasonable judgment, and there are
no other reasonable altematives available, CenturyLink shall have the right, for
good cause shown, and upon thirty (30) Days prior notice, to reclaim the
Collocation space or any portion thereof, any !nner Duct, Outside Cable Duct,
Cable Vault space or other CenturyLink-provided facility in order to fulfill its
common carrier obligations, any order or rule of the State Commission or the
FCC, or CenturyLink's Tariffs to provide Telecommunications Services to its
End User customers. !n such cases, CenturyLink will reimburse CLEC for
reasonable direct costs and expenses in connection with such reclamation.
89.7 lf it becomes necessary in CenturyLink's reasonable judgment, and there are
no other reasonable alternatives, CenturyLink shal! have the right to require
CLEC to move to equivalent space in the Premises upon receipt of sixty (60)
Days written notice from CenturyLink, in which event, CenturyLink shall pay all
moving costs, and the contractual monthly fees paid by CLEC for the affected
Collocation shall remain the same.
COLLOCATION OPTIONS
90.1 CenturyLink will offer Collocation space to allow CLEC to collocate its
equipment and facilities, and without requiring the construction of a cage or
similar structure. CenturyLink shall make cageless Collocation available in
single bay increments. For equipment requiring specia! technical
considerations, CLEC must provide the equipment layout, including spatia!
dimensions for such equipment pursuant to generic requirements contained in
Telcordia now iconectiv GR-63-Core and shall be responsible for constructing
all special technical requirements associated with such equipment pursuant to
this Agreement.
90.2 Where space permits, CenturyLink will authorize the enclosure of CLEC's
equipment and facilities at CLEC's option. CenturyLink will provide guidelines
and specifications upon request. Based on CLEG's request, space and cage
enclosures in amounts as small as that sufficient to house and maintain a
single rack or bay or equipment will be made available. At CLEC's option,
CenturyLink will permit CLEC to arrange with a third party vendor to construct
a Collocation Arrangement enclosure at CLEC's sole expense. CLEC's third
party vendor will be responsible for filing and receiving any and al! necessary
permits and/or licenses for such construction. The third party vendor shall bill
CLEC directly for allwork performed for CLEC and CenturyLink will have no
liability for nor responsibility to pay such charges imposed by the third party
vendor. CLEC must provide the local CenturyLink Building contact with one
access key used to enter the locked enclosure. Except in case of emergency,
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CenturyLink will not acoess CLEC's locked enclosure prior to notifying CLEC
and obtaining authorization.
90.2.1 CenturyLink has the right to review CLEC's plans and
specifications prior to allowing construction to start. CenturyLink
will complete its review within fifteen ('15) Days of receipt of such
plans. CenturyLink has the right to inspect the enclosure after
construction to make sure it is constructed according to the
submitted plans and specifications. CenturyLink can require
CLEC to remove or correct, at its cost, any structure that does not
meet these plans.
CLEC may a!!ow other Telecommunications Carriers to share its caged
Collocation arrangement pursuant to terms and conditions agreed to by CLEC
(Host) and other Telecommunications Carriers (Guests). CLEC wil! notify
CenturyLink in writing upon execution of any agreement between the Host and
its Guest within twelve (12) Days of its execution. Further, such notice shall
include the name of the Guest(s) and their term of agreement, and shall contain
a certification by CLEC that said agreement imposes upon the Guest(s) the
same terms and conditions (excluding rates) for Collocation space as set forth
in this Agreement.
90.3.1 As Host, CLEC will be the sole interface and responsible pafi to
CenturyLink for the purpose of submitting applications for initial
and additional equipment placements of Guest (to the extent
required under other Sections of this Agreement); for assessment
and payment of rates and charges applicable to the Collocations
space; and for the purposes of ensuring that the safety and
security requirements of this Agreement are fully complied with
by the Guest, its employees and agents. ln making shared cage
arrangements, CenturyLink will not increase the cost of site
preparation or nonrecuning charges above the cost of
provisioning a similar caged arangement to a GLEC.
90.3.2 CenturyLink will not place unreasonable restrictions on CLEC's
use of a cage, and as such will allow CLEC to contract with other
CLECs to share the cage in a sublease type arrangement. lf
two (2) or more CLECs that have Interconnection agreements
with CenturyLink utilize a shared Collocation cage, CenturyLink
will permit each CLEC to order UNEs and provision service from
the shared Collocation space, regardless of which CLEC was the
original collocator.
90.3.3 lf Host terminates a Collocation Arrangement, Host wil! provide
Guest thirty (30) Days notice. Guest wi!! assume all obligations
and rights of Host as to that Collocation Arrangement if Guest
remains in the Collocation space, including payment of al!
charges.
CenturyLink will provide adjacent Collocation arrangements (Adjacent
Arrangement) where space within the Premises is legitimately exhausted,
subject to technicalfeasibility. Both Parties will mutually agree on the location
of the designated space on the CenturyLink property where the adjacent
structure (such as a controlled environment vault or similar structure) will be
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placed. lf a mutual agreement cannot be reached, CenturyLink will decide the
location, subject to zoning or other State and local regulations and future use
by CenturyLink or other requesting Telecommunications Carriers pursuant to
an application submitted under Section 92.
90.4.1 CLEC will provide a concrete pad, the structure housing the
arrangement, HVAC, lighting, and all facilities that connect the
structure (i.e., racking, conduits, etc.) to the CenturyLink Point of
lnterconnection. Should CLEC elect such an option, CLEC must
arrange with a third party vendor to construct an Adjacent
Arrangement structure in accordance with this Agreement.
90.4.2 CenturyLink maintains the right to review CLEC's plans and
specifications prior to construction of an Adjacent
Arrangement(s). CenturyLink will complete its review within
thirly (30) Days of site selection and receipt of plans, except that
such time period may be extended if any delay is due to the
actions of CLEC. CenturyLink may inspect the Adjacent
Arrangement(s) following construction and prior to
commencement to ensure the design and construction comply
with submitted plans. CenturyLink may require CLEC to correct
any deviations from approved plans found during such
inspection(s).
90.4.3 CenturyLink will only permit DC power to be used for collocated
equipment. and CLEC shall obtain such power for its collocated
equipment from CenturyLink. CLEC agrees to convert any
existing self-provided power equipment to CenturyLink-provided
power within a reasonable timeframe, not to exceed six months,
after the execution of this Agreement. CenturyLink will provide
110v AC power for occasional technician courtesy use, as
requested, subject to it being Technically Feasible.
90.4.4 Subject to CLEC being on the waiting !ist, in the event that space
in a CenturyLink Premises becomes available, CenturyLink will
provide the option to CLEC to relocate its equipment from an
Adjacent Facility into the CenturyLink Premises. ln the event
CLEC chooses to relocate its equipment, appropriate charges will
apply, including charges to vacate the adjacent Collocation
arrangement and charges applicable for Collocation within the
CenturyLink Premises.
To the extent possible, CenturyLink will provide CLEC with contiguous space
for any subsequent request for Physical Collocation space, but makes no
assurances that contiguous space will be available.
CenturyLink will provide Virtual Collocation in accordance with Applicable Law.
90.6.1 CLEC must purchase the electronic and peripheral equipment
that meets applicable FCC requirements, and in consideration of
$1 and the other benefits derived by CLEC from such Virtual
Collocation arrangement, CLEC will lease such equipment to
CenturyLinkforthe sole purpose of having CenturyLink installand
maintain the equipment in accordance with terms and conditions
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of this Agreement. Upon termination of the Virtual Collocation
arrangement, CLEC is responsible for the cost of removing the
equipment from the Premises.
CenturyLink does not assume any responsibility for the design,
engineering, testing or performance for the end-toend
connection of CLEC's equipment, arrangement or facilities.
CenturyLink will install, maintain, and repair CLEC's equipment
needed for the Virtual Collocation within the same time periods
and with failure rates that are no greater than those that apply to
the performance of similarfunctions for comparable equipment of
CenturyLink, CenturyLink's Affiliates or third parties. Rates for
these services will be developed during the application process
and must be accepted by CLEC prior to CenturyLink's
commencement of work. The following services are not covered
by this Agreement:
a. services to resolve software or hardware problems resulting
from products provided by parties other than CenturyLink or
causes beyond the control of CenturyLink;
b. service of attached, related, collatera! or ancillary
equipment or software not covered by this Section;
c. repairing damage caused to CLEC's Virtually Collocated
equipment by persons other than CenturyLink, or its
authorized contractors; or
d. repairing damage to other property or equipment caused by
operation of CLEC's collocated equipment and not caused
by the sole negligence of CenturyLink.
CLEC warrants that CenturyLink shal! have quiet enjoyment of
the Virtually Collocated equipment. CenturyLink will be entitled to
the benefit of any applicable manufacturer's warranties and
indemnities and, to the extent assignable, such warranties and
indemnities are hereby assigned by CLEC for the benefit of
CenturyLink and CLEC shalltake a!! reasonable action to enforce
such warranties and indemnities where available to CenturyLink.
CLEC shall execute, upon presentation, such documents and
instruments as may be required to allow CenturyLink
manufacturer's warranty coverage for any equipment. CLEC
warrants that it has full authority to lease the equipment under the
terms and conditions set forth herein and that there are no
restrictions, legal or othenrise, which would preclude it from so
doing.
a. In the event CenturyLink's right to quiet enjoyment is
breached, either by CLEC's failure to make or cause to be
made payment to the equipment manufacturer of the full
purchase price for the equipment when such payment
becomes due, or otherwise, CenturyLink may give written
notice to CLEC and al! of CenturyLink's obligations relating
to the affected equipment shallterminate immediately.
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90.6.5 GenturyLink's preparation, if any, of the Premises (e.9., Power,
environmenta!, etc.) for the Virtua! Collocation equipment will be
charged to CLEC at rates on Table 2 or as filed in a Tariff and
approved by the Commission.
DEMARCATION POINT
91.1 CenturyLink will designate the point of demarcation between CenturyLink's
equipment and CLEC's collocated equipment, which point of demarcation shall
be in or adjacent to its Collocation space unless otherwise mutually agreed to
by the Parties. At CLEC's request, CenturyLink will identify the location(s) of
other possible Demarcation Points available to CLEC, and CLEC wi!! designate
from these location(s) the point(s) of demarcation between its collocated
equipment and CenturyLink's equipment. CenturyLink will use its best efforts
to identify the closest Demarcation Point to CLEC's equipment that is available.
91.2 Each Party will be responsible for maintenance and operation of all
equipment/facilities on its side of the Demarcation Point.
91.3 At CLEC's option and expense, a point of termination (POT) bay, frame or
digital cross-connect may be placed in or adjacent to the Collocation space
that may, at CLEC's option, serve as the Demarcation Point. If CLEC elects
not to provide a POT frame, CenturyLink will agree to handoff the
lnterconnection cables to CLEC at its equipment, at CLEC's designated
Demarcation Point. When CLEC elects to install its own POT ftame/cabinet,
CenturyLink must still provide and installthe required DC power panel.
APPLICATION PROCESS
92.1 CLEC will submit the appropriate form which is located on CenturyLink's
Website when initially requesting Collocation space, or modiffing the use of
the Collocation space. The Application shall contain a detailed description and
schematic drawing of the equipment to be placed in CLEC's Collocation
space(s), the amount of square footage required (or, in the case of Cageless
Collocation, bay space) for the current year plus the next calendar year from
the date of application, as well as the associated power requirements, floor
loading, and heat release of each piece.
92.1.1 CLEC will complete the Application, and return it, along with the
appropriate Application Fee, to CenturyLink. The Application
shall include complete details of the Collocation and
Interconnection requested, including, but not limited to, specific
floor space, power, and environmental conditioning requirements.
CenturyLink will not process an Application unti! both the
Application and the applicable Application fee are received.
92.1.2 ln the event CLEC desires to modify or decommission the use of
the Collocation space in a manner that requires additional
engineering or preparation work by CenturyLink (an Augment),
CLEC will complete a subsequent Application detailing all
information regarding the modification to the Collocation space
together with payment of the appropriate Application Augment
Fee. Such modifications to the Premises may include but are not
limited to, floor loading changes, changes necessary to meet
HVAC requirements, changes to power plant requirements, and
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equipment additions. ln addition to the Application Augment Fee,
CLEC will pay all such charges billed by CenturyLink to recover
the direct costs of work performed for CLEC's benefit.
92.1.3 Where CLEC modifies the use of the Collocation space or adds
equipment that requires no additiona! engineering or preparation
work on the part of CenturyLink, CenturyLink wil! not impose
additional charges or additional intervals that would delay CLEC's
operation. CLEC will notify CenturyLink of the modifications or
additional equipment prior to installation.
lf CLEC wishes CenturyLink to consider multiple methods for Collocation on a
single Application, CLEC will include in each Application a prioritized list of its
preferred methods of collocating (e.9., caged, shared, or other), as well as
adequate information, (e.9., specific layout requirements, cage size, number of
bays, requirements relative to adjacent bays, etc.) for CenturyLink to process
the Application for each of the prefened methods. lf CLEC provides adequate
information and its preferences with its Application, CenturyLink may not
require an additional Application, nor would CLEC be required to restart the
quotation interval should its first choice not be available in a requested
Premises. Only one Collocation arrangement wi!! be provisioned per
Application. CenturyLink will not select for CLEC the type of Collocation to be
ordered.
Within ten (10) Days after receiving CLEC's Application for Collocation,
CenturyLink will inform CLEC whether the Application meets each of
CenturyLink's established Collocation standards. Should CLEC submit a
revised Application curing any deficiencies in an Application for Collocation
within ten (10) Days after being informed of them, CLEC shallretain its original
position within any Collocation queue that CenturyLink maintains.
!f CenturyLink informs CLEC that there is a deficiency in an Application,
CenturyLink will provide sufficient detail so that CLEC has a reasonable
opportunity to cure each deficiency.
All revisions to an initial request for a Physica! Collocation Arrangement
submitted by CLEC must be in writing. A new interval for the Physical
Collocation Arrangement will be established which shall not exceed two
months beyond the originally established date. CLEC will be required to pay
any applicable Application fees.
CenturyLink shal! provide confirmation of space availability within ten (10)
Days of receipt of a complete and accurate Application and applicable
Application fee for one (1) to five (5) Applications submitted. Space availability
response will be increased by five (5) Days for every five (5) additional
Applications received.
92.5.1 CenturyLink wil! notify CLEC in writing as to whether its request
for Collocation space has been granted or denied due to lack of
space. The notification wil! also include a possible future space
relief date, if applicable.
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92.5.2 ln order to increase the amount of space available for Collocation,
CenturyLink will, upon request, remove obsolete unused
equipment, from its Premises to increase the amount of space
available for Collocation.
After notifying CLEC that CenturyLink has no available space for Physical
Collocation in the requested CentralOffice (Denialof Application), CenturyLink
will allow CLEC, upon request, to tour the entire Central Office within ten (10)
Days, or other mutually agreeable timeframe, of such Denial of Application. ln
order to schedule said tour the request for a tour of the Central Office must be
received by CenturyLink within five (5) Days of the Denial of Application.
92.6.1 lf CLEC contests CenturyLink's notice that there is not sufficient
space for Physical Collocation in the CentralOffice, the matterwill
be handled pursuant to the Dispute Resolution provisions of this
Agreement, and the Parties agree to request expedited resolution
of the dispute if the dispute is ultimately submitted to the State
Commission for determination as to whether or not CenturyLink
meets the demonstration requirement of 5251(c)(6) of the Act. lfthe Commission determines that space is not available,
CenturyLink will not be required to conduct a review of floor space
availability in the same Central Office more frequently than once
every six (6) months.
92.6.2 On a first come, first serve basis, CenturyLink will maintain a
waiting list of requesting carriers who have either (i) received a
Denial of Application for lack of space, or (ii) have submitted a
Letter of lntent to collocate where it is publicly known that the
Premises is out of space. CenturyLink will place CLEC on the
waiting list for Collocation in a particular Premises according to
the date CLEC submitted its complete Application, together with
the applicable fee, and not the date of denia! for lack of space.
92.6.3 CenturyLinkwillsimultaneouslynotifytheTelecommunications
Carriers on the waiting list when space becomes available if thereis enough space to accommodate additiona! Collocation.
Subsequent to the granting of a Petition for Waiver, if CLEC has
been denied Physical Collocation space at a CenturyLink
Premises and challenges CenturyLink on space availability at
said Premises, CLEC will be given priority for space assignment
if, as a result of the challenge, space is found to be available.
CLEC wi!! reaffirm its Collocation request within thirty (30) Days
of such notification; otherwise, it will be dropped to the bottom of
the !ist. Upon request, CenturyLink will advise CLEC as to its
position on the !ist.
92.6.4 lf CLEC's Application for Physical Collocation is denied due to
lack of space, CenturyLink wi!! place CLEC on the waiting list for
Collocation in particular Premises according to the date CLEC
submitted its complete Application together with the applicable
fee, and not the date of denial for lack of space.
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92.7 CenturyLink will provide a price quote within thirty (30) Days of receipt of a
complete and accurate single Application and applicable Application fee. The
price quote response period will be increased by one Day for every additional
Application received from CLEC on that same Day.
92.8 CLEC has thirty (30) Days from receipt of the quotation to accept the quotation
in writing. The quotation expires after thirty (30) Days. After thirty (30) Days,
a new Application and Application fee are required. Collocation space is not
reserved unti! the quotation is accepted. CenturyLink need not meet the
deadlines for provisioning Physica! Collocation if, after receipt of any price
quotation provided by CenturyLink, CLEC does not notify CenturyLink within
the time period specified that Physical Collocation should proceed.
92.9 CLEC will indicate its intent to proceed with equipment installation in a
CenturyLink Premises by accepting the price quote, which constitutes a Bona
Fide Firm Order (BFFO). lf CLEC makes changes to its Application in light of
CenturyLink's written Application Response, CenturyLink may be required to
re-evaluate and respond to the change(s). !n this event, CLEC's Application
will be treated as a revision under Section 92.4.
92.10 Space preparation for the Collocation space will not begin until CenturyLink
receives the BFFO and all applicable fees, including al! non-recurring charges
required by CenturyLink at the time of the BFFO.
92.11 A!! price quotes accepted by CLEC along with the associated Applications will
become binding attachments to this Agreement and will controlthe respective
billing, payment, use, and provisioning obligations of the Parties.
SPACE RESERVATION
93.1 The Parties may reserve Physical Collocation space for their own specific uses
for the remainder of the current year, plus twelve (12) months in accordance
with Section 91. Neither CenturyLink, nor any of its Affiliates, will reserve
space for future use on terms more favorable than those that apply to other
Telecommunications Carriers seeking to reserve Collocation space for their
own future use.
PROVISIONING INTERVALS
94.1 Unless otherwise agreed to by the Parties, CenturyLink will complete
construction of Caged Physical (including Shared Caged), Cageless Physical,
and Virtual Collocation arrangements within ninety (90) Days of CenturyLink's
receipt of a BFFO, unless such arrangements require special construction, in
which case the additional time necessitated by such special construction will
be specified as part of CenturyLink's quote. !f CenturyLink or CLEC is unable
to complete construction as provided herein, the Parties will agree to a mutually
acceptable interval or CenturyLink may petition the Commission for waiver.
CONSTRUCTION AND COMMENCEMENT OF BILLING
95.1 CenturyLink, in its sole discretion, may permit CLEC or its designated
subcontractor to perform the construction of Physica! Collocation space. lf
CLEC self-provisions the construction of a Physical Collocation arrangement,
CLEC is required to contract with a CenturyLink approved Contractor to
perform allwork, provided however, that any such CLEC subcontractor shall
be subject to CenturyLink's security standards. CenturyLink reserves the right
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to reject any CLEC subcontractor upon the same criteria that CenturyLink
would use on its own subcontractors. CLEC wil! notifly CenturyLink in writing
when construction of Physical Collocation space is complete. Each Party or
its agents will diligently pursue filing for the permits required for the scope of
work to be performed by that Party or its agents.
CenturyLink shall have the right to inspect CLEC's completed installation of
equipment and facilities prior to CLEC turning up such equipment and facilities.
CLEC shall provide written notification to CenturyLink when CLEC has
completed its installation of equipment and facilities in the Collocation space,
and CenturyLink may conduct such inspection at any time within five (5)
Business Days of receipt of such notice. During such inspection, CenturyLink
will identify any non-compliant installations or deficiencies that need to be
corrected before CLEC can turn up the equipment and facilities. CLEC shall
have the right to be present at such inspection, and CLEC will correct any non-
compliant installations or deficiencies within five (5) Business Days after the
inspection and modify its installation to achieve compliance prior to turning up
its equipment and facilities. CLEC wil! notiff CenturyLink when such
corrections have been completed, and CenturyLink may repeat the inspection
process. CLEC may turn up its equipment and facilities if CenturyLink does
not conduct an inspection within the five (5) Days after receipt of notice that
such installation or correction is complete. lf CLEC does not turn up its
equipment and facilities within sixty (60) Days after the later of (i) the date that
CenturyLink has notified CLEC of completion of construction or (ii) the
Projected lmplementation Date as the same may be revised in accordance with
this Agreement, then CLEC shall be deemed to have cancelled its order and
the provisions of this Agreement shall apply with respect to surrender and
vacation of the Collocation space and the disposition of any of CLEC's
equipment. Failure of CenturyLink to either inspect the Collocation space or
notify CLEC of [s election not to inspect such space within the foregoing
five (5) Business Day period sha!! be deemed an election by CenturyLink not
to inspect such Collocation space.
To the extent CenturyLink performs the construction of the Physica! Collocation
Arrangement, CenturyLink shall construct the Collocated space in compliance
with a mutually agreed to Collocation request. Any deviation to CLEC's order
must thereafter be approved by CLEC. The Parties acknowledge that CLEC
approved deviations may require additional construction time and may incur
additional CLEC expenses. CLEC shall pay the incremental cost incurred by
CenturyLink as the result of any revision to the Collocation request, which shall
be subject to Section 92.4. CLEC will pay all applicable fees, including any
nonrecurring charges required by CenturyLink, prior to CenturyLink
commencing construction of the Collocation space.
CLEC will be responsible for all extraordinary costs, as determined in
accordance with the Act, incurred by CenturyLink to prepare any Collocation
space for the installation of CLEC's equipment and for extraordinary costs to
maintain the Collocation space which may be required by Applicable Law for
CLEC's equipment on a going-fonrard basis. Extraordinary costs may include
costs for such items as asbestos removal, fire suppression system or
containment, modifications or expansion of cable entry facility, increasing the
DC power system infrastructure capacity, increasing the capacity of the
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standby AC system (if available) or the existing commercial power facility,
conversion of non-Collocation space, compliance with federa! and State
requirements, or other modifications required by local ordinances. CenturyLink
wil! charge for these extraordinary costs on a time-sensitive or time-and-
materials basis and will allocate the costs fairly among itself, CLEC and other
collocators. An estimate of such costs, as determined in accordance with the
Act, will be provided to CLEC prior to commencing such work. Extraordinary
costs will only be billed to CLEC if such costs have been authorized by CLEC.
CenturyLink must advise CLEC if extraordinary costs will be incurred.
95.5 Each Party or its agents will diligently pursue filing for the permits required for
the scope of work to be performed by that Pafi or its agents.
95.6 CenturyLink will notify CLEC when construction of a Collocation space is
complete. The Parties will complete an acceptance walk through of each
provisioned Collocation space. CenturyLink will commence to correct any
deviations to CLEC's original or jointly amended requirements within five (5)
Days after the walk through. !f CLEC does not conduct an acceptance walk
through within fifteen (15) Days of the notification that the Collocation space
construction is complete, CLEC will be deemed to have accepted the
Collocation space and billing will commence.
95.7 CLEC must submit a written request to cance! its order for Physical, Caged,
Shared Cage, Adjacent Space, or Virtua! Collocation. CLEC wil! reimburse
CenturyLink for any actual expenses incurred and not already paid, which may
include incidentalequipment costs, materia! ordered, provided or used; labor;
transportation, DS0, DSl and DS3 cable and all other associated costs.
EQUIPMENT
96.1 CLEC may only locate equipment necessaryfor lnterconnection to CenturyLink
or accessing CenturyLink's Unbundled Network Elements in accordance with
Applicable Rules, including but not limited to 47 U.S.C. 5251(CX3), 47 U.S.C.
5251(CX2), and 47 C.F.R. S51.323(b-c).
96.2 CLEC's equipment and facilities shall not be placed or operated in such a
manner that creates hazards or causes physical harm to any individual or the
public. CLEC is responsible for the shipping and delivery of all equipment or
materials associated with the Collocation arrangement, and CLEC sha!!
instruct equipment vendors to ship equipment or materials directly to CLEC or
its CenturyLink approved contractor on CLEC's behalf. No CLEC equipment
or supplies may be delivered, other than by CLEC or its CenturyLink approved
contractor, to a Premises containing the Collocation space, nor shall such
equipment or supplies be stored or staged outside of the licensed Collocation
space.
96.3 All equipment to be collocated must meet Leve! 1 safety requirements as set
forth in Telcordia now iconectiv Network Equipment and Building Specifications
(NEBS), but CenturyLink will not impose safety requirements on CLEC that are
more stringent than the safety requirements it imposes on its own equipment.lf CenturyLink denies Collocation of CLEC's equipment, citing safety
standards, CenturyLink must provide to CLEC within five (5) Business Days of
the denial a list of all equipment that CenturyLink locates within the Premises
in question, together with an affidavit attesting that all of that equipment meets
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or exceeds the safety standard that CenturyLink contends the competitor's
equipment fails to meet. ln the event that CenturyLink believes that the
collocated equipment is not necessary for lnterconnection or access to
Unbundled Network Elements or determines that CLEC's equipment does not
meet NEBS Level 1 safety requirements, CLEC will be given ten (10) Days to
comply with the requirements or remove the equipment from the Collocation
space. !f the Parties do not resolve the dispute, the Parties may file a complaint
at the Commission seeking a formal resolution of the dispute. While the
dispute is pending, CLEC will not install said equipment.
96.4 CLEC must notify CenturyLink in writing that Collocation equipment installation
is complete and is operational with CenturyLink's network. lf CLEC fails to
place operationalTelecommunications Equipment in the collocated space and
either interconnect to CenturyLink or install UNEs to its Collocation
arrangement (per 47 U.S.C. 251 5251(cXO)) within one-hundred eighty (180)
Days of CLEC's acceptance of CenturyLink's price quote, or other time period
mutually agreed to by CLEC and CenturyLink, CenturyLink may terminate the
applicable Collocation space upon written notice. CLEC will reimburse
CenturyLink for any actua! expenses incurred and not already paid, which may
include incidental equipment costs, material ordered, provided or used; labor;
transportation, DSO, DSI and DS3 cable and all other associated costs.
96.5 lf CLEC has provisioned services to any customers without being in
compliance with the terms of this Agreement governing Collocation
arrangements and the installation and operation of equipment within a
Collocation arrangement, GLEC will be billed access rates for all services for
the period beginning with the installation of the services until the Collocation
arrangement is brought into compliance.
AUGMENTS AND ADDITIONS
97.1 When CLEC modifies the Collocation Arrangement or adds equipment that
requires no additional space preparation work on the part of CenturyLink,
CenturyLink may not impose additional charges or additional intervals that
would delay CLEC's operation. CLEC will notify CenturyLink of the
modifications or additional equipment prior to installation.
97.2 ln the event CLEC desires to modify or decommission the use of the
Collocation space in a manner that requires additional engineering or
preparation work by CenturyLink, CLEC will complete a subsequent
Application detailing all information regarding the modification to the
Collocation space. Such modifications to the Premises may include but are
not limited to, floor loading changes, changes necessary to meet HVAC
requirements, changes to power plant requirements, and equipment additions.
A major or minor Augments contained in Table 2 fee will apply.
97.2.1 Major Augments are those requests that include, but may not be
limited to, one or more of the following:
a. require additionalAC or DC power or add or remove power
cables,
b. add equipment that generates additiona! BTUs of heat,
c. require additionalfloor space,
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d. add or remove cable terminations and/or entrance cables,
e. require installation of cable racking or other support
structures, or
f. request additional cross connects for access to Unbundled
Network Elements that exceed 2000 DS-0s or 168 DS-1s or
96 DS-3s. Augment requests that mix DS-O, DS-1, and/or
DS-3 cross connects will be evaluated on an ICB basis.
97.2.2 Minor Augments are those requests that:
a. do not meet the requirements for a major Augment,
b. do not involve exceeding the capacity of the existing
electrical/power or HVAC system,
c. request additional cross connects for access to Unbundled
Network Elements that use existing panels, relay racks, and
racking and do not exceed the Iisted major Augment cross
connect quantities, or
d. do not require power work-arounds (e.9., changing a DC
power fuse or extending occasional use AC power circuits).
97.3 CLEC must submit an Application and applicable Application fee to obtain a
price quote. CLEC must provide an accurate front equipment view (a.k.a. rack
elevation drawing) specifying bay(s) for CLEC's point of termination. The price
quote will contain the charges and the construction interval for that application.
Under normal circumstances, the construction interval for Augments will not
exceed ninety (90) Days from CenturyLink's receipt of a BFFO. lf special or
major construction is required, CenturyLink will work cooperatively with CLEC
to negotiate mutually agreeable construction intervals for Augments.
USE OF COMMON AREAS
98.1 CLEC, its employees, agents and invitees shall have a non-exclusive right to
use those portions of the common area of the Building as are designated by
CenturyLink from time to time, including, but not limited to, the right to use rest
rooms in proximity to the Collocation space, corridors and other access ways
from the entrance to the Building, the Collocation space, and the parking areas
for vehicles of persons while working for or on behalf of CLEC at the
Collocation space; provided, however, that CenturyLink shall have the right to
reserve parking spaces for CenturyLink's exclusive use or use by other
occupants of the Building. CenturyLink does not guarantee that there is or will
be sufficient parking spaces in parking areas to meet CLEC's needs.
CenturyLink does not guarantee that restroom facilities or water will be
available. All common areas shall remain under the exclusive control and
management of CenturyLink, and CenturyLink shall have the right to change
the level, location and arrangement of parking areas and other common areas,
as CenturyLink may deem necessary. Use of all common areas shall be
subject to such reasonable rules and regulations as CenturyLink may from time
to time impose, consistent with CLEC's right to access its Collocation space.
Notwithstanding the above, CenturyLink may restrict access to such areas or
facilities on grounds of security, and CenturyLink may require that a
CenturyLink employee accompany CLEC's personnel or representatives.
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100
CenturyLink shall impose any such requirement in such a manner so as not to
unnecessarily delay or hinder the twenty-four (24) hours a day, seven (7) days
a week access to CLEC's equipment and space.
98.2 CenturyLink, where water is available for its own use, shall furnish running
water from regular Building outlets for drinking, lavatory and toilet purposes
drawn through flxtures installed by CenturyLink, for the non-exclusive use of
CLEC, CenturyLink and any other Building occupant. CLEC shall not waste or
permit the waste of water.
98.3 CenturyLink sha!! furnish Building and Premises security in accordance with its
normal business practices. Other than the locks on the entrances to the
Collocation space, CenturyLink shall provide no security specific to CLEC's
Collocation space. CenturyLink shall not be liable to CLEC or any other party
for loss of or damage to the Collocation space or CLEC equipment unless
CenturyLink has failed to provide Building and Premises security in accordance
with its normal business practices.
98.4 CenturyLink shallfurnish, to the same extent it provides to itself and Affiliates,
passenger elevator service as necessary to reach the Collocation space or
common areas to which CLEC has access pursuant to the terms of this
Agreement twenty-four (24) hours a day, seven (7) days a week. Freight
elevator service when used by CLEC's contractors, employees or agents shall
be provided in a non-discriminatory manner as reasonably determined by
CenturyLink.
CO.CARRIER CROSS CONNECTION
99.1 CCXCs are only available when both Collocation arrangements (either caged,
cageless, and/or virtual) being interconnected are within the same CenturyLink
Premises, provided that the collocated equipment is also used for
lnterconnection with CenturyLink and/or for access to CenturyLink's
Unbundled Network Elements or where otherwise contemplated by specific
reference in this Agreement. CenturyLink shall provide such CCXCs from
CLEC's Collocation arrangement to the Collocation arrangement of another
Telecommunications Carrier in the same CenturyLink Premises under the
terms and conditions of this Agreement. CCXC is provided at the same
transmission levelfrom CLEC to another Telecommunications Carrier.
99.1.1 CenturyLink will provide such CCXCs for non-adjacent
Collocation arrangements at the expense of CLEC per CLEC's
request. CenturyLink wi!! provide connections between CLEC's
own non-adjacent Virtual and/or Physical Collocation
arrangements within the same Central Office at the expense of
CLEC and provisioned per CLEC's order.
99.2 The term Adjacent in this Section refers to Collocation arrangements in the
same Premises that share a common lateral border; and is not referring to the
form of Physical Collocation as described in 47 C.F.R. 551.323(kX3).
RATES
100.1 The rates for Collocation are listed on Table 2
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100.3
100.4
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!f CLEC is the first collocator in the CenturyLink Premises, CLEC will not be
responsible for the entire cost of site preparation and security. However,
ancillary charges for unique collocator requests for Collocation options directly
attributable to the requesting collocator will not be prorated. Examples include
power arrangements, Remote Switch module related options and POT bay-
related options.
The rates and charges in this Agreement do not include costs for any
Americans with Disability Act (ADA) construction generated or caused by the
Physical Collocation space request. lf required, ADA construction will be
provided on an lCB. lf CenturyLink is required to upgrade a Premises, or
portion of the Premises to comply with the ADA which arises as a direct result
of CLEC's Collocation Arrangement, CenturyLink will prorate the totalforward-
looking economic cost of the upgrade, and allocate the charge to each CLEC
collocated within the Premises, based on the total space utilized by each
collocated CLEC. Should CenturyLink beneflt in any way whatsoever from the
ADA upgrades, it shall share in the proration of costs. Should CenturyLink be
the sole beneficiary of an upgrade (e.g., an upgrade would have had to be
made regardless of whether or not a CLEC was collocated in the Premises),
CenturyLink shall absorb al! of the costs related to such an upgrade.
Facility Modifications
100.4.1 To the extent that a modification is made for the specific benefit
of any particular parly, costs of modification are to be
proportionately born by those who directly benefit including the
ILEC. The cost is allocated using the proportion of the new space
occupied to the total new space made available.
100.4.2 lf a non-requesting party benefits from the modification,
e.9., using the opportunity to bring their equipment or
arrangement into compliance with certain standards, or making
adjustments leading to improvement, then the party will be
deemed to be sharing. This party will be responsible for its share
of the modification costs.
100.4.3 None of the costs will be allocated to a third party that gains
incidental benefit, but did not cause the modification or modify
their facilities.
100.4.4 lf a current user of space subsequently initiates new uses of the
modified facility by other parties to avoid modification costs or if
new entrants use the facility, they will share in the modification
costs. The modifying party(s) may recover a proportionate share
of the modification costs from parties that later are able to obtain
access as a result of the modification. lf measurable depreciation
has occurred as a result of the modification, the subsequent party
may pay a lower cost.
100.4.5 Parties requesting or joining in a modification also will be
responsible for resulting costs to maintain the facility on an
ongoing basis.
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CENTURYLINK SERVICES AND OBLIGATIONS
101.1 CenturyLink shall furnish air conditioning and/or other environmental controls
for the area in which the Collocation space is located in a manner consistent
with those provided elsewhere in the Building. CenturyLink shal! furnish air
conditioning and/or other environmental controls for the Collocation space
based on information provided by CLEC to CenturyLink in its Application which
CLEC hereby represents to CenturyLink is sufficient to allow CLEC equipment
to function without risk of harm or damage to the Collocation space, the
Building or any equipment or facilities of CenturyLink or any other occupant of
the Building. These environmenta! conditions shall adhere to Telcordia now
iconectiv Network Equipment Building System (NEBS) standards GR-63-
CORE lssue 2 or other mutually agreed upon standards.
101.1.1 lf CLEC locates equipment or facilities in the Collocation space
which CenturyLink determines, in the exercise of its sole
discretion, affect the temperature or other environmental
conditions otherwise maintained by CenturyLink in the Building,
CenturyLink reserves the right to provide and install
supplementary air conditioning units or other environmental
controldevices in the Collocation space, and the cost of providing,
installing, operating and maintaining any such supplementary air
conditioning units or other environmental contro! devices made
necessary solely by CLEC's equipment or facilities shall be paid
by CLEC to CenturyLink. lf supplementary air conditioning units
or other environmental control devices are required for more than
one CLEC each CLEC wi!! pay a pro-rata share of such costs, in
proportion to the space occupied by each as compared to the total
space available for Gollocation.
101.1.2 CLEC's refusal to be responsible for the cost of any necessary air
conditioning or other environmental controls shall constitute
acceptable grounds for denial of Collocation for technical
reasons.
101.2 CenturyLink shall provide power as requested by CLEC to meet CLEC's need
for placement of equipment, lnterconnection, or provision of service; except
that CenturyLink is not obligated to Augment available DC capacity solely to
meet GLEC's needs unless CLEC offers to pay for such Augmentation and
such Augmentation can be effected within applicable engineering, building and
electrical code requirements.
101.2.1 CenturyLink does not warrant or ensure the reliability or quality of
the electric service which is provided to its Buildings or any
Collocation Space within such Buildings. CenturyLink reserves
the right to make changes to the primary and backup electric
service within Buildings where CLEC has Collocation Space,
subject to the following: (a) the primary electic service shall
continue to be capable of serving the same load that existed at
the Building prior to any change, taking into account existing
equipment and operations of both CenturyLink and CLEC within
the Building, and (b) written notice describing the nature of the
change shall be given to CLEC sufficiently in advance should
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101.2.3
101.2.4
101.2.5
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CenturyLink believe such change will impact power delivered to
CLEC to reasonably enable CLEC to adjust, replace, reconfigure
or augment the service to its Collocation Space or the equipment
within such Collocation Space, at its own cost, to coordinate with
the electric service which will be available in the Building.
CLEC agrees to request in writing, via a complete and accurate
Application, all electrical needs to power its equipment. The
Application shall contain the total power needs, the date needed,
and the exact location where termination of the electrical power
shall occur. Actual power usage of CLEC's equipment shall not
exceed the requested capacity.
Central Office power supplied by CenturyLink into CLEC's
equipment area shall be supplied in the form of power feeders
(cables) on cable racking into the designated CLEC equipmentarea. The power feeders (cables) shall efficiently and
economically support the requested quantity and capacity of
CLEC equipment. The termination location shall be as agreed by
the Parties.
CenturyLink power equipment supporting CLEC's equipment
shall:
a. Comply with applicable industry standards (e.9., Telcordia
now iconectiv, NEBS and IEEE) or manufacturer's
equipment power requirement specifications for equipment
installation, cabling practices, and physical equipment
layout or at minimum, at Parity with that provided for similar
CenturyLink equipment;
b. Have redundant power feeds with physical diversity and
battery back-up as required by the equipment
manufacturer's specifications for CLEC equipment, or, at
minimum, at Parity with that provided for similar CenturyLink
equipment;
c. Provide, upon CLEC's request and at CLEC's expense, the
capability for real time access to power performance
monitoring and alarm data that impacts (or potentially may
impact) CLEC traffic;
d. Provide Centra! Office ground, connected to a ground
electrode located within the Collocated space, at a leve!
above the top of CLEC equipment plus or minus two (2) feet
to the left or right of CLEC's final request; and
e. Provide feeder cable capacity and quantity to support the
ultimate equipment layout for CLEC's equipment in
accordance with CLEC's Collocation request.
CenturyLink shall provide cabling that adheres to Telcordia now
iconectiv Network Equipment Building System (NEBS) standards
GR-63-CORE lssue 2.
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101.3
101.2.6 CenturyLink shall provide Lock Out-Tag Out and other electrical
safety procedures and devices in conformance with the most
stringent of OSHA or industry guidelines.
101.2.7 CenturyLink will provide CLEC with written notification within
ten (10) Business Days of any scheduled DC power work or
related activity in the collocated facili$ that wil! or might cause an
outage or any type of power disruption to CLEC equipment
located in CenturyLink facility. CenturyLink shall provide CLEC
immediate notification by telephone of any emergency power
activity that would impact CLEC's equipment.
101.2.8 lf CenturyLink, in the exercise of its reasonable business
judgment, determines that the electricity provided to CLEC
pursuant to this Section is insufficient to support the activity being
carried on by CLEC in the Collocation space, and thereby poses
a potential liability or additional cost to CenturyLink's own
operations, CenturyLink may require the installation of additional
electrical circuits to provide CLEC with additional electricity and
CLEC shall reimburse CenturyLink for any expenses incurred in
making such additional electrical circuits available to CLEC's
Collocation space. CLEC shall also pay for additiona! electricity
provided via these circuits.
a. CLEC's refusal to be responsible for the cost of any
necessary electrical circuits shall constitute acceptable
grounds for denial of Collocation for technical reasons.
CenturyLink shallprovide fire protection systems in CenturyLink Buildings and
on CenturyLink Premises as required by Federal and State regulatory rules
and in full compliance with local ordinances. CenturyLink shall furnish fire or
smoke detection systems designed to comply with the Nationa! Fire Protection
Association (NFPA) Standards on Automatic Fire Detectors.
101.3.1 Stand alone fire extinguishers wil! be provided in and about the
Building and the Collocation space by CenturyLink as required by
applicable fire codes.
101.3.2 CenturyLink and CenturyLink's insurance caniers will perform
regular inspections of fire protection systems, and CLEC hereby
agrees to provide CenturyLink and CenturyLink's insurance
carriers access to the Collocation space for purposes of such
inspections, via pass key or otherwise. CenturyLink agrees to
provide CLEC with notice of its intent to access CLEC's
Collocation space where, in CenturyLink's sole discretion, such
notice is practicable; provided, however, that no failure of
CenturyLink to give such notice will affect CenturyLink's right of
access or impose any liability on CenturyLink. CenturyLink will,
at its expense, maintain and repair the fire and smoke detection
systems unless maintenance or repair is required due to the act
or omission of CLEC, its employees, agents or invitees, in which
case CLEC shall reimburse CenturyLink for the cost of such repair
or replacement. lf a Halon or alternative fire suppression system
is in place, CLEC shal!, if at fault, and at CenturyLink's option,
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replace Halon or otherfire extinguishing materialdischarged as a
result of CLEC's act or omission. CLEC shall have no duty to
inspect fire protection systems outside the Collocation space;
provided, however, if CLEC is aware of damage to the fire
protection systems it shall promptly notify CenturyLink.
101.3.3 CLEC is aware the Collocation space will contain a fire detection
system and may contain a fire suppression system. ln the event
of discharge, CenturyLink is relieved of all liability for damage to
equipment or personal injury except in cases where such damage
to equipment or personal injury is due to the willful misconduct of
CenturyLink, its officers, agents or employees.
CenturyLink shall, at its sole expense, except as hereinafter provided, provide
repair and maintenance of heating, cooling and lighting equipment and
regularly scheduled refurbishment or decorating to the Collocation space,
Building and Premises, in a manner consistent with CenturyLink's norma!
business practices.
101.4.1 CenturyLink shall not be obligated to inspect the Collocation
space, make any repairs or perform any maintenance unless first
notified of the need in writing by CLEC. lf CenturyLink shall fail
to commence the repairs or maintenance within twenty (20) Days
after written notification, provided that the delays are not caused
by CLEC, CLEC's sole right and remedy shall be, after further
notice to CenturyLink, to make such repairs or perform such
maintenance and to deduct that cost and expenses from the
Physical Collocation fees payable; provided, however, that the
amount of such deduction shall not exceed the reasonable value
of such repairs or maintenance.
101.4.2 CenturyLink shall, where practical, provide CLEC with twenty-four
(24) hours prior notice before making repairs and/or performing
maintenance on the Collocation space; provided, however, that
CenturyLink shall have no obligation to provide such notice if
CenturyLink determines, in the exercise of its sole discretion, that
such repair or maintenance must be done sooner in order to
preserve the safety of the Building or the Collocation space, or if
required to do so by any court or governmental authority. Work
shall be completed during norma! working hours or at other times
identified by CenturyLink. CLEC shall pay CenturyLink for
overtime and for any other expenses incurred if such work is done
during other than normalworking hours at CLEC's request. CLEC
shall have the right, at its sole expense, to be present during
repair or maintenance of the Collocation space.
101.4.3 The cost of all repairs and maintenance performed by or on behalfof CenturyLink to the Collocation space which are, in
CenturyLink's reasonable judgment, beyond norma! repair and
maintenance, or are made necessary as a result of misuse or
neglect by CLEC or CLEC's employees, invitees or agents, shall
be paid by CLEC to CenturyLink within ten (10) Days after being
billed for the repairs and maintenance by CenturyLink.
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101.6
101.7
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CenturyLink shall provide CLEC with notice via emailthree (3) Business Days
prior to those instances where CenturyLink or its subcontractors perform work
which is known to be a Service Affecting activity. CenturyLink will inform CLEC
by e-mail of any unplanned service outages. Notification of any unplanned
service outages shall be made as soon as practicable after CenturyLink learns
that such outage has occurred.
CenturyLink reserves the right to stop any service when CenturyLink deems
such stoppage necessary by reason of a Force Majeure Event or as a result of
an accident or emergency, or for repairs, improvements or otherwise; however,
CenturyLink agrees to use its best efforts not to interfere with CLEC's use of
Collocation space. CenturyLink does not warrant that any service will be free
from interruptions caused by Force Majeure Events.
101.6.1 No such interruption of service shall be deemed an eviction or
disturbance of CLEC's use of the Collocation space or any part
thereof, or render CenturyLink liable to CLEC for damages, by
abatement of CLEC Fees or otherwise, except as set forth in the
Tariff, or relieve CLEC from performance of its obligations under
this Agreement.
CenturyLink shall have access to CLEC's Physical Collocation space at all
times, via pass key or otherwise, to allow CenturyLink to react to emergencies,
to maintain the space (not including GLEC's equipment), and to monitor
compliance with the rules and regulations of the Occupational Health and
Safety Administration or CenturyLink, or other regulations and standards
including but not limited to those related to fire, safety, health, and
environmental safeguards. !f a secure enclosure defining the location of
CLEC's Collocation space has been established, and if conditions permit,
CenturyLink will provide CLEC with notice (except in emergencies) of its intent
to access the Collocation space, thereby providing CLEC the option to be
present at the time of access. CLEC shall not attach, or permit to be aftached,
additiona! locks or similar devices to any door or window, nor change existing
locks or the mechanism thereof.
101.7.1 CenturyLink may enter the Collocation space for the purposes of
examining or inspecting same and of making such repairs or
alterations as CenturyLink deems necessary. CLEC hereby
waives any claim for damage, injury, interference with CLEC's
business, any loss of occupancy or quiet enjoyment of the
Collocation space, and any other loss occasioned by the exercise
of CenturyLink's access rights, except in the event such damages
result solely from the willful misconduct of CenturyLink.
101.7.2 CenturyLink may use any means CenturyLink may deem proper
to open Collocation space doors or enclosures in an emergency.
Entry into the Collocation space obtained by CenturyLink by any
such means shall not be deemed to be forcible or unlavvful entry
into or a detainment of or an eviction of CLEC from the Collocation
space or any portion thereof.
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102.1
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CLEC shall regularly inspect the Collocation space to ensure that the
Collocation space is in good condition. CLEC shallpromptly notifo CenturyLink
of any damage to the Collocation space or of the need to perform any repair or
maintenance of the Collocation space, fixtures and appurtenances (including
hardware, heating, cooling, ventilating, electrical, and other mechanical
facilities in the Collocation space). CLEC shall provide regular janitorial service
to its Collocation space and keep the Collocation space clean and trash free.
CLEC agrees to abide by all of CenturyLink's security practices for non-
CenturyLink employees with access to the Building, including, without
limitation:
102.2.1 CLEC must obtain non-employee photo identification cards for
each CLEC employee or vendor. Temporary identification cards
may otherwise be provided by CenturyLink for employees or
agents, contractors and invitees of CLEC who may require
occasional access to the Collocation space.
102.2.2 CLEC will supply to CenturyLink the completed access form for
employees or approved vendors who require access to the
Premises. CenturyLink may reasonably deny access to any
person into the Building. CenturyLink's objections will be
consistent with the grounds for denying access to personnel of its
own contractors or for denying employment directly with
CenturyLink. CenturyLink may issue security cards, codes, or
keys to CLEC's listed employees or vendors where such systems
are available and their use by CLEC will not otherwise
compromise Building security. The rate for the issuance of
security cards is listed on Table 2.
102.2.3 CLEC is responsible for returning identification and security
cards, codes, or keys of its terminated employees or its
employees who no longer require access to the Collocation
space. All cards, codes, or keys must be returned upon
termination of the applicable Collocation space. CLEC wi!!
reimburse CenturyLink actua! costs due to unreturned or
replacement cards, codes, or keys.
102.2.4 ln the event that a key is lost, CLEC is responsible for costs
associated with recoring locks and reissuing keys to CenturyLink
and other parties authorized to access the Premise.
102.2.5 CLEC's employees, agents, invitees and vendors must display
identification cards at alltimes.
102.2.6 CLEC will assist CenturyLink in validation and verification of
identification of its employees, agents, invitees and vendors by
providing a telephone contact available twenty-four (24) hours a
day, seven (7) days a week to verify identification.
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102.4
102.5
102.6
102.2.7 Removal of all furniture, equipment or similar articles will be
based on local CenturyLink security practices. These security
practices will not be more stringent for CLEC than CenturyLink
requires for its own employees or CenturyLink's contrac'tors.
102.2.8 Before leaving the Collocation space unattended, CLEC shall
close and securely lock all doors and windows and shut off
unnecessary equipment in the Collocation space. Any injury to
persons or damage to the property of CenturyLink or any other
party with equipment in the Building resulting from CLEC's failure
to do so shall be the responsibility of CLEC. CLEC will defend
and indemniff CenturyLink from and against any claim by any
person or entity resulting in whole or in part from CLEC's failure
to comply with this Section.
102.2.9 CLEC agrees that CenturyLink may provide a security escort for
Physical Collocation, at no cost or undue delay to CLEC, to CLEC
personnel while on CenturyLink Premises. While such escort
shall not be a requirement to CLEC's entry into the Building,
CLEC must allow the security escort to accompany CLEC
personnel at all times and in al! areas of the Building, including
the Collocation space, if so requested.
102.2.10 CLEC shal! post in a prominent location visible from the common
Building area, the names and telephone numbers of emergency
contact personnel along with names and telephone numbers of
their superiors for twenty-four (24) hour emergency use by
CenturyLink. CLEC shall promptly update this information as
changes occur.
CLEC will provide CenturyLinkwith written notification within ten (10) Business
Days of any scheduled DC power work or related activity in the collocated
facility that wi!! or might cause an outage or any type of power disruption to
CenturyLink equipment located in CLEC facility. CLEC shall provide
CenturyLink immediate notification by telephone of any emergency power
activity that would impact CenturyLink equipment.
CLEC shall not provision and/or install Uninterruptible Power Supply (UPS)
systems within the CenturyLink Premises. The customer is permitted to install
Inverted Power Systems if and only if documented compliance with National
Equipment Building Standards (NEBS) lll and Listing by Underwriters
Laboratory (UL) has been met.
CLEC shall not place Electro-Chemical Storage Batteries of any type inside
the Collocation space.
CLEC shall provide CenturyLink with written notice three (3) Business Days
prior to those instances where CLEC or its subcontractors perform work, which
is to be a known Service Affecting activity. CLEC will inform CenturyLink by e-
mail of any unplanned service outages. The parties will then agree upon a
plan to manage the outage so as to minimize customer interruption.
Notification of any unplanned service outage shall be made as soon as
practicable after CLEC learns that such outage has occurred so that
CenturyLink can take any action required to monitor or protect its service.
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102.7
102.8
102.9
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CLEC may, at its own expense, install and maintain regular business telephone
service in the Collocation space. !f requested by CLEC and at CLEC's
expense, CenturyLink will provide basic telephone service with a connection
jack in the Collocation space.
CLEC shall, with the prior written consent of CenturyLink, have the right to
provide additional fire protection systems within the Collocation space;
provided, however, that CLEC may not install or use sprinklers or carbon
dioxide fire suppression systems within the Building or the Collocation space.
102.8.1 lf any governmental bureau, department or organization or
CenturyLink's insurance carrier requires that changes or
modifications be made to the fire protection system or that
additional stand alone fire extinguishing, detection or protection
devices be supplied within that portion of the Building in which the
Collocation space of CLECs in genera! are located, such
changes, modifications, or additions sha!! be made by
CenturyLink and CLEC shal! reimburse CenturyLink for the cost
thereof in the same proportion as the size of CLEC's Collocation
space as compared to the total available Collocation space in the
affected portion of the Building.
CLEC shall identify and shall provide advance notification to CenturyLink in
writing of any Hazardous Materials CLEC wants to bring onto the Premises,
and will provide CenturyLink copies of any inventories or other data provided
to State Emergency Response Commissions (SERCS), Local Emergency
Planning Committees (LEPCS), or any other governmental agencies if required
by the Emergency Planning and Community Right to Know Act (41 U.S.C.
51 1001, et seq.). CLEC, its agents and employees shall transport, store and
dispose of Hazardous Materials in accordance with all applicable federa!, State
or local laws, ordinances, rules and regulations. CLEC will promptly notify
CenturyLink of any releases of Hazardous Materials and will copy CenturyLink
on any notification of or correspondence with any governmental agency which
may be required by any environmental law as a result of such release.
102.9.1 CLEC shall provide CenturyLink copies of all Material Safety Data
Sheets (MSDSS) for materials or chemicals regulated under the
OSHA Hazard Communication Standard (29 C.F.R. 51910.1200)
that are brought onto the property. Al! such materials shall be
labeled in accordance with 29 C.F.R. S1910.1200 and applicable
State regulations if such regulations are more stringent.
102.9.2 lf CenturyLink discovers that CLEC has brought onto
CenturyLink's Premises Hazardous Materials without notification,
or is storing or disposing of such materials in violation of any
applicable environmental law, CenturyLink may, at CenturyLink's
option and without penalty, terminate the applicable Collocation
space, this Agreement or suspend performance hereunder.
CLEC shall be responsible for, without cost to CenturyLink, the
complete remediation of any releases or other conditions caused
by its storage, use or disposa! of Hazardous Materials. CLEC
shall also be responsible for removing and disposing of all
Hazardous Materials on its Collocation space at the termination
158
102.10
of the applicable Collocation space or this Agreement. lf
CenturyLink elects to terminate the applicable Collocation space
or this Agreement or discontinue the performance of services
hereunder due to the storage, use or disposal of Hazardous
Materials contrary to the terms of this Agreement, CLEC shall
have no recourse against CenturyLink and shall be responsible
for all costs and expenses associated with such termination or
suspension of service in addition to being responsible for any
remedies available to CenturyLink for Defaults under this
Agreement.
'102.9.3 CLEC shall indemnify and hold harmless CenturyLink, its
successors and assigns against, and in respect of, any and al!
damages, claims, losses, liabilities and expenses, including,
without limitation, all lega!, accounting, consulting, engineering
and other expenses, which may be imposed upon, or incurred by,
CenturyLink or asserted against CenturyLink by any other party
or parties (including, without limitation, CenturyLink's employees
and/or contractors and any governmental entity) arising out of, or
in connection with, CLEC's use, storage or disposal of Hazardous
Materials.
102.9.4 For purposes of this Section, Hazardous Materials shall mean any
toxic substances and/or hazardous materials or hazardous
wastes (including, without limitation, asbestos) as defined in, or
pursuant to, the OSHA Hazard Communication Standard
(29 C.F.R. 51910, Subpart Z), the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 56901, et seq.), or regulations
adopted pursuant to those statutes, the Toxic Substances Contro!Act (15 U.S.C. $2601, et seq.), the Comprehensive
Environmenta! Response, Compensation and Liability Act
(42 U.S.C. 59601, et seq.) or any other federal, State or local
environmental law, ordinance, rule or regulation. The provisions
of this Section shall survive the termination, cancellation,
modification or recession of this Agreement.
CLEC shall not do or permit anything to be done upon the Collocation space,
or bring or keep anything thereon which is in violation of any federal, State or
local laws or regulations (including environmental laws or regulations not
previously described), or any rules, regulations or requirements of the local fire
department, Fire lnsurance Rating Organization, or any other similar authority
having jurisdiction over the Building. CLEC shall not do or permit anything to
be done upon the Collocation space which may in any way create a nuisance,
disturb, endanger, or otherwise interfere with the Telecommunications
Services of CenturyLink, any other occupant of the Building, their patrons or
customers, or the occupants of neighboring property, or injure the reputation
of the Premises.
102.10.1 CLEC shall not exceed the Uniformly Distributed Live Load
Capacity. CenturyLink shall evaluate and determine Live Load
Capacity rating on a site specific basis prior to equipment
installation. CLEC agrees to provide CenturyLink with equipment
profile information prior to installation authorization.
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102.10.2
102.10.3
102.10.4
102.10.5
102.10.6
102.10.7
102.10.8
102.10.9
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CLEC shal! not paint, display, inscribe or affix any sign,
trademark, picture, advertising, notice, lettering or direction on
any part of the outside or insade of the Building, or on the
Collocation space, without the prior written consent of
CenturyLink.
CLEC sha!! not use the name of the Building or CenturyLink for
any purpose other than that of the business address of CLEC, or
use any picture or likeness of the Building on any letterhead,
envelope, circular, notice, or advertisement, without the prior
written consent of CenturyLink.
CLEC shall not exhibit, sell or offer for sale, rent or exchange in
the Collocation space or on the Premises any article, thing or
service except those ordinarily embraced within the use of the
Collocation space as specified in this Agreement without the prior
written consent of CenturyLink.
CLEC shall not place anything or allow anything to be placed near
the glass of any door, partition or window which CenturyLink
determines is unsightly from outside the Collocation space; take
or permit to be taken in or out of other entrances of the Building,
or take or permit to be taken on any passenger elevators, any
item normally taken through service entrances or elevators; or
whether temporarily, accidentally, or otherwise, allow anything to
remain in, place or store anything in, or obstruct in any way, any
passageway, exit, stairway, elevator, or shipping platform. CLEC
shall lend its full cooperation to keep such areas free from all
obstruction and in a clean and neat condition, move all supplies,
furniture and equipment directly to the Collocation space as soon
as received, and move all such items and waste, other than waste
customarily removed by employees of the Building.
CLEC shal! not, without the prior written consent of CenturyLink
install or operate any lead-acid batteries, refrigerating, heating or
air conditioning apparatus in the Collocation space. CenturyLink
may, in its sole discretion, withhold such consent, or impose any
condition in granting it, and revoke its consent at will.
CLEC shall not use the Collocation space for meeting, housing,
lodging or sleeping purposes.
CLEC shall not eat, drink, or smoke in the Collocation space.
CLEC shall not bring any animals to the Collocation space except
those used by the visually impaired. ln the case of such a need,
advance notice is required.
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102.11
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102J0.10 CLEC, its employees, agents, contractors, and business invitees
shall:
a. complywith all rules and regulations which CenturyLink may
from time to time adopt for the safety, environmental
protection, care, cleanliness and/or preservation of the good
order of the Building, the Premises and the Collocation
space and its tenants and occupants, and
b. comply, at its own expense, with all ordinances which are
applicable to the Collocation space and with all lavyful orders
and requirements of any regulatory or law enforcement
agency requiring the correction, prevention and abatement
of nuisances in or upon the Collocation space during the
Term of this Agreement or any extension hereof.
CLEC shall not make installations, alterations or additions in or to the
Collocation space without submitting plans and specifications to CenturyLink
and securing the prior written consent of CenturyLink in each instance.
CenturyLink's consent shall not be unreasonably withheld or unduly delayed
for non-structural interior alteration to the Collocation space that do not
adversely affect the Building's appearance, value, structural strength and
mechanical integrity. Such work shall be done at the sole expense of CLEC.
102j1.1 All installations, alterations and additions shall be constructed in a
good and workmanlike manner and only new and good grades
of material shall be used, and shall comply with all insurance
requirements, governmental requirements, and terms of this
Agreement. Work shall be performed at such times and in such
manner as to cause a minimum of interference with
CenturyLink's transaction of business. CLEC shall permit
CenturyLink to inspect a!! construction operations within the
Co!location space.
a. CLEC shall not cut or drill into, drive nails or screws into,
install conduit or wires, or in any way deface any part of
the Gollocation space or the Building, outside or inside,
without the prior written consent of CenturyLink.
102.11.2 All installations, alterations and additions which take the form of
fixtures, except trade fixtures, placed in the Collocation space by
and at the expense of CLEC or others shall become the property
of CenturyLink, and shall remain upon and be surrendered with
the Collocation space. Upon termination of this Agreement,
however, CenturyLink shall have the right to require CLEC to
remove such fixtures and installations, alterations or additions at
GLEC's expense, and to sunender the Collocation space in the
same condition as it was prior to the making of any or a!! such
improvements, reasonable wear and tear excepted.
102.11.3 Al! fixtures and other equipment to be used by CLEC in, about or
upon the Collocation space sha!! be subject to the prior written
approval of CenturyLink, which shall not be unreasonably
withheld.
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102.13
102.14
103. BUILDING RIGHTS
103.1 CenturyLink may, without notice to CLEC:
103.1.1 Change the name or street address of the Premises;
102.12
103.1.2
103.1.3
103.1.4
103.1.5
103.1.6
103.1.7
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Fireproofing Policy. lf CLEC desires signal, communications, alarm or other
utility or service connections installed or changed, the same shall be made by
and at the expense of CLEC. CenturyLink shall have the right of prior approval
of such utility or service connections, and shall direct where and how all
connections and wiring for such service shall be introduced and run. ln all
cases, in order to maintain the integrity of the Halon space for proper Halon
concentration, and to ensure compliance with CenturyLink's fireproofing policy,
any penetrations by CLEC, whether in the Collocation space, the Building or
otherwise, shall be sealed as quickly as possible by CLEC with CenturyLink-
approved fire barrier sealants, or by CenturyLink at CLEC's cost.
Equipment Grounding. CLEC equipment shall be connected to CenturyLink's
grounding system.
Representations and Warranties. CLEC hereby represents and warrants that
the information provided to CenturyLink in any Application or other
documentation relative to CLEC's request for Telecommunications facility
lnterconnection and CentralOffice Building Collocation as contemplated in this
Agreement is and shall be true and correct, and that CLEC has al! necessary
corporate and regulatory authority to conduct business as a
Telecommunications Carrier. Any violation of this Section shall be deemed a
materia! breach of this Agreement.
lnstall and maintain signs on the exterior and interior of the
Premises or anywhere on the Premises;
Designate a!! sources furnishing sign painting and lettering, ice,
mineral or drinking water, beverages, foods, towels, vending
machines or toilet supplies used or consumed in the Collocation
space;
Have pass keys or access cards with which to unlock all doors in
the Collocation space, excluding CLEC's safes;
Reduce heat, light, water and power as required by any
mandatory or voluntary conservation programs;
Approve the weight, size and location of safes, computers and all
other heavy articles in and about the Collocation space and the
Building, and to require a!! such items and other office furniture
and equipment to be moved in and out of the Building or
Collocation space only at such times and in such a manner as
CenturyLink shall direct and in all events at CLEC's sole risk and
responsibility;
At any time, to decorate and to make, at its own expense, repairs,
alterations, additions and improvements, structural or otherwise,
in or to the Collocation space, the Premises, or any part thereof
(including, without !imitation, the permanent or temporary
relocation of any existing facilities such as parking lots or spaces),
and to perform any acts related to the safety, protection or
162
preservation thereof, and during such operations to take into and
through the Collocation space or any part of the Premises all
material and equipment required, and to close or suspend
temporarily operation of entrances, doors, corridors, elevators or
other facilities. CenturyLink shall limit inconvenience or
annoyance to CLEC as reasonably possible under the
circumstances;
103.1.8 Do or permit to be done any work in or about the Collocation
space or the Premises or any adjacent or nearby building, land,
street or alley;
103.1.9 Grant to anyone the exclusive right to conduct any business or
render any service on the Premises, provided such exclusive right
shal! not operate to exclude CLEC from the use expressly
permitted by this Agreement, unless CenturyLink exercises its
right to terminate this Agreement with respect to al! or a portion of
the Collocation space;
103.1.10 Close the Building at such reasonable times as CenturyLink may
determine, under such reasonable regulations as shal! be
prescribed from time to time by CenturyLink subject to CLEC's
right to access.
103.2 !f the owner of the Building or CenturyLink sells, transfers or assigns any
interest in the Building, or there is any materia! change in the Lease to which
the Building is subject, and such sale, transfers assignment or materialchange
in the Lease gives rise to an obligation which is inconsistent with this
Agreement, CenturyLink's performance under this Agreement shal! be
excused to the extent of the inconsistency. CenturyLink hereby agrees that it
will use its reasonable efforts to avoid any such inconsistency; provided,
however, that this obligation shal! in no way obligate CenturyLink to incur any
out of pocket expenses in its efforts to avoid such inconsistencies.
103.3 This Agreement shall at all times be subject and subordinate to the lien of any
mortgage (which term shallinclude allsecurity instruments) that may be placed
on the Collocation space and CLEC agrees, upon demand, to execute any
instrument as may be required to effectuate such subordination.
104. INDEMN!FICATION
104.1 CLEC shal! indemnify, defend, save and hold CenturyLink harmless from any
and all claims arising from:
104.1.1 CLEC's use of the Collocation space;
1U.1.2 the conduct of CLEC's business or from any activity, work or things
done, permitted or suffered by CLEC in or about the Collocation
space or elsewhere;
104.1.3 any claims, liens, demands, charges, encumbrances, litigation and
judgments arising directly or indirectly out of any use, occupancy or
activity of CLEC, or out of any work performed, material furnished,
or obligations incurred by CLEC in, upon or otherwise in connection
with the Collocation space. CLEC shall give CenturyLink written
notice at least ten (10) Business Days prior to the commencement
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104.1.4
104.1.5
104.1.6
105. PARTIALDESTRUCTION
105.1
105.2
105.3
of any such work on the Collocation space in order to afford
CenturyLink the opportunity of filing appropriate notices of non-
responsibility. However, failure by CenturyLink to give notice does
not reduce CLEC's liability under this Section;
lf any claim or lien is filed against the Collocation space, or any
action or proceeding is instituted affecting the title to the Collocation
space, CLEC shal! give CenturyLink written notice thereof as soon
as CLEC obtains such knowledge;
CLEC shall, at its expense, within thirty (30) Days after filing of any
lien of record, obtain the discharge and release thereof or post a
bond in an amount sufficient to accomplish such discharge and
release. Nothing contained herein shal! prevent CenturyLink, at the
cost and for the account of CLEC, from obtaining such discharge
and release if CLEC fails or refuses to do the same within the
thirty (30) Day period;
lf CLEC has first discharged the lien as provided by Iaw, CLEC may,
at CLEC's expense, contest any mechanic's lien in any manner
permitted by !aw.
lf the Collocation space or a portion thereof sufficient to make the Collocation
space substantially unusable shall be destroyed or rendered unoccupiable by
fire or other casualty, CenturyLink may, at its option, restore the Collocation
space to its previous condition. CLEC's rights to the applicable Collocation
space shall not terminate unless, within ninety (90) Days after the occurrence
of such casualty, CenturyLink notifies CLEC of its election to terminate CLEC's
rights to the applicable Collocation space. lf CenturyLink does not elect to
terminate CLEC's rights to the applicable Collocation space, CenturyLink shall
repair the damage to the Collocation space caused by such casualty.
Notwithstanding any other provision of this Agreement to the contrary, if any
casualty is the result of any act, omission or negligence of CLEC, its agents,
employees, contractors, customers or business invitees, unless CenturyLink
otherwise elects, CLEC's rights to the applicable Collocation space shall not
terminate, and, if CenturyLink elects to make such repairs, CLEC shall
reimburse CenturyLink for the cost of such repairs, or CLEC shall repair such
damage, including damage to the Building and the area surrounding it, and the
contractual monthly fees paid by CLEC for the affected Collocation shall not
abate.
lf the Building shall be damaged by fire or other casualty to the extent that
portions are rendered unoccupiable, notwithstanding that the Collocation
space may be directly unaffected, CenturyLink may, at its election within
ninety (90) Days of such casualty, terminate CLEC's rights to the applicable
Collocation space by giving written notice of its intent to terminate CLEC's
rights to the applicable Collocation space. The termination as provided in this
paragraph shal! be effective thirty (30) Days after the date of the notice.
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106. EMINENT DOMAIN
106.1 lf the Premises, or any portion thereof which includes a substantial part of the
Collocation space, shal! be taken or condemned by any competent authority
for any public use or purpose, CLEC's rights to the applicable Collocation
space sha!! end upon, and not before, the date when the possession of the part
so taken shall be required for such use or purpose. lf any condemnation
proceeding shal! be instituted in which it is sought to take or damage any part
of the Premises, or if the grade of any street or alley adjacent to the Premises
is changed by any competent authority and such change of grade makes it
necessary or desirable to remodel the Premises to conform to the changed
grade, CenturyLink shall have the right to terminate CLEC's rights to the
applicable Collocation space upon not less than thirty (30) Days notice prior to
the date of cancellation designated in the notice. No money or other
consideration shall be payable by CenturyLink to CLEC for such cancellation,
and CLEC shall have no right to share in the condemnation award or in any
judgment for damages caused by such eminent domain proceedings
107. BANKRUPTCY
107.1 lf any voluntary or involuntary petition or similar pleading under any section or
sections of any bankruptcy act sha!! be filed by or against CLEC, or any
voluntary or involuntary proceeding in any court or tribunal shall be instituted
to declare CLEC insolvent or unable to pay CLEC's debts, or CLEC makes an
assignment for the benefit of its creditors, or a trustee or receiver is appointed
for CLEC or for the major part of CLEC's property, CenturyLink may, if
CenturyLink so elects but not othenrvise, and with or without notice of such
election or other action by CenturyLink, forthwith terminate this Agreement.
108. ASBESTOS
108.1 CLEC is aware the Premises in which the Collocation space is located may
contain or have contained asbestos or asbestos containing building materials,
and CLEC is hereby notified that the Premises in which the Collocation space
is located may contain asbestos or asbestos containing building materia!
(ACBM). CLEC agrees that it is responsible for contacting the appropriate
CenturyLink manager responsible forthe Premises to determine the presence,
location and quantity of asbestos oTACBM that CLEC's employees, agents, or
contractors may reasonably expect to encounter while performing activities in
the Premises. CLEC shall not have responsibility or liability for any damages,
expenses, costs, fees, penalties of any kind arising out of, or in connection
with, or resulting from the disturbance of asbestos or ACBM in the Premises
unless such disturbance arises out of or in connection with, or results from
CLEC's use of the Collocation space or placement of equipment onto ACBM
or into areas containing asbestos identified by CenturyLink. CenturyLink
agrees to provide CLEC reasonable notice prior to undertaking any asbestos
control, abatement, or other activities which may disturb asbestos or ACBM
that could potentially affect CLEC's equipment or operations in the Collocation
space, including but not limited to the contamination of such equipment.
CenturyLink will not have responsibility or liability for any damages, expenses,
costs, fees, penalties of any kind arising out of, or in connection with the
presence of asbestos in CenturyLink Premises.
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109. MISCELLANEOUS
109.1
109.2
109.3
109.4
CLEC warrants that it has had no dealings with any broker or agent in
connection with this Agreement, and covenants to pay, hold harmless and
indemniff CenturyLink from and against any and all cost, expense or liability
for any compensation, commissions and charges claimed by any broker or
agent with respect to this Agreement or the negotiation thereof.
Submission of this instrument for examination or signature by CenturyLink
does not constitute a reservation of or option for license and it is not effective,
as a license or othenuise, untilexecution and delivery by both CenturyLink and
CLEC.
Neither CenturyLink nor its agents have made any representation orwarranties
with respect to the Collocation space of this Agreement except as expressly
set forth herein; no rights, easements, or Iicenses shall be acquired by CLEC
by implication or otherwise unless expressly set forth herein.
!n the event of work stoppages, CenturyLink may establish separate entrances
for use by personnel of CLEC. CLEC shall comply with any emergency
operating procedures established by CenturyLink to deal with work stoppages.
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110.
111.
112.
ARTICLE X. PRICING
GENERAL PRICING TERMS
110.1 Al! prices under this Agreement are set forth in the attachments designated
Table 1 and Table 2 of this Agreementwhich are hereby incorporated into, and
made a part of this Agreement. lf this Agreement provides for a service that
does not have a corresponding rate in Table 1 or Table 2, or is not subject to
Section 48, CenturyLink wil! develop a rate consistent with the relevant
Section.
110.2 Subject to the provisions of Section 9, all rates provided under this Agreement
shall remain in effect for the term of this Agreement.
APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS
111.1 lnterconnection. Every lnterconnection and service provided by CenturyLink,
whether direct or indirect, shall be subject to al! rates, terms and conditions
contained in this Agreement, which are legitimately related to such
lnterconnection or service, including rates set forth in this Article, as in
applicable Tariffs, or as specified by the !nterconnection terms.
111.2 Unbundled Network Elements. The charges that CLEC shall pay to
CenturyLink for Unbundled Network Elements are set forth in Table 1 of this
Agreement.
111.3 Collocation. The charges that CLEC shal! pay to CenturyLink for Collocation
are set forth in Table 2 of this Agreement.
APPLICATION OF NON RECURRING CHARGES
112.1 Pre-ordering:
112.1.1 Account Establishment is a one-time charge applied the first time
that CLEC orders any service from a CenturyLink Affiliate that is
a Party to this Agreement.
112.1.2 Customer Record Search applies when CIEC requests a
summary of the services currently subscribed to by the End User
Customer.
112.2 A Service Order Charge for a!! LSRs (including Number Portability and NID
LSRs) will be applicable when submitting a LSR for any reason other than for
CSR purposes; CSRs will be charged at the CSR rate. The Service Order
Charge covers the administrative order processing costs and is not associated
with the recovery of any technical or materials costs that may be recovered
through other charges. CenturyLink will bill the Service Order charge for an
LSR regardless if the LSR is later supplemented, clarified, or cancelled.
112.3 Custom Handling. These NRCs are in addition to any Pre-ordering or Ordering
and Provisioning NRCs:
112.3.1 lntentionally Left Blank
112.3.2 Coordinated Hot Cut applies when the LSR requests a
Coordinated Hot Cut, a combined and simultaneous effort
between CenturyLink and CLEC to perform the completion of a
LSR order.
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,l13.
114.
112.3.3 Time and Materials charges apply for non-standard or individual-
case.basis work requested by CLEC.
112.3.4 NID Outside Facility Connection applies in addition to the lSO
when incremental fieldwork is required.
INTENTIONALLY LEFT BLANK
TO BE DETERMTNED (TBD) PRTCES
114.1 Certain provisions in this Agreement and its Appendices and/or Attachments
may simply refer to pricing principles or identify a rate as 'to be determined" or
"TBD.' lf a provision references a specific rate element in Table 1 or Table 2
and there are no corresponding prices or rates in such Table 1 or Table 2, such
price shall be considered TBD.
114.2 !n the event the Parties are unable to agree upon a price for a TBD item,
GenturyLink will use the Tariffed rate, if one exists, for the most analogous
Tariffed product or service as the interim price. Either Party may then invoke
the dispute resolution process set forth in Article !l to resolve disputes
regarding TBD pricing or the interim price, provided that such dispute
resolution process is invoked no later than one (1) year after the applicable
interim price is established. Any interim price will be subject to a true-up, not
to exceed one (1) year, once a permanent price is established.
TNDIVIDUAL CASE BASTS pRtCtNG (rCB)
115.1 lndividual Case Basis (lCB) pricing will be provided by CenturyLink upon
request from CLEC for customer specific rates or terms for network services
and features for UNEs that are not othenrvise provided for in this Agreement.
115.2 CenturyLink will process lCB Pricing requests upon receipt from CLEC. Price
quote intervals may vary depending upon the complexity of the request but
within thirty (30) Business Days from the receipt of the request. CenturyLink
shall provide a price quote or a notification of the expected date for the quote.
115.3 The BFR process in Section4S must be followed in connection with BFR
requests submitted by CLEC. lrrespective of whether CLEC has submitted a
BRF request, if CenturyLink provides services or facilities to CLEC
that involves expenditures or costs not otherwise covered under this
Agreement, CenturyLink may deem the use of such services or facilities by
CLEC to constitute a BFR request and may provide a quote to CLEC for the
rate or amount to be charged to CLEC for the provision of such services or
facilities, which shall reflect the costs and expenditures of CenturyLink,
including any labor costs, overhead and fixed charges, and which may include
a reasonable contribution to CenturyLink's common costs. CenturyLink shall
not have any obligation to provide or continue providing any such services or
facilities to CLEC until CLEC has confirmed its agreement, in writing, to
compensate CenturyLink for such services and facilities at quoted rate or
amounts.
{15.
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ARTICLEXI. MISCELLANEOUS
116. AUTHORIZATION AND AUTHORITY
116.1 Each person whose signature appears on this Agreement represents and
warrants that he or she has authority to bind the Party on whose behalf he or
she has executed this Agreement. Each Party represents it has had the
opportunity to consult with legal counsel of its choosing, and CLEC has not
relied on CenturyLink's counsel or on representations by CenturyLink's
personnel not specifically contained in this Agreement in entering into this
Agreement.
1'16.2 CenturyLink represents and warrants that it is a validly existing legal entity and
in good standing under the laws of the State and has full power and authority
to execute and deliver this Agreement and to perform its obligations under this
Agreement.
116.3 CLEC represents and warrants that it is a validly existing !ega! entity and in
good standing under the laws of the State, and has ful! power and authority to
execute and deliver this Agreement and to perform its obligations under this
Agreement.
117. COUNTERPARTS
117.1 This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one and
the same instrument.
December 1 6, 2021 /kjdsimwood/lD
CT/EQ Consolidated lCA Template (v.04. 1 5.2021 -1 )169
SIGNATURE PAGE
lN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed and
accepted by its duly authorized representatives.
Slmwood lnc.CenturyTel of the Gem Stete, lnc.
d/bla CenturyLlnk
Tauar tht$bn
Thomas Hadden (De l?, 2021 U:31 CST)
Signature
Thlrmas l-{arldan
Name Printedffyped
Chief of Onerations
Title
Dec 17,2021
Date
December 1 6, 202 1 /kjdsimuood/lD
CT/EQ Consolidated ICA Template (v.04. 1 5.2021-1 )
CenturyTel of ldaho, lnc. d/b/a CenturyLlnk
ruil,t*la 1. Paait4,
l(imberlyJ. Povli* (Jan 3,2022 05:44 CST)
Signature
Kimberlv J. Povirk
Sr. Dir. Bus. OpsWholesale Sahs
Title
Jan3,2022
Date
170
Table 1 - Rates
KEY CODES December 2021
tRc NRC ICA Elements
Account Establishment $0.00
CSR - Manual sr 1.67
CSR -Automated s0.00
t0005 Tag and Label on a reinstall loop or an exlsfng loop $r3.07
10007 Trip Charge $27.r6
!0008 seMce order Requests - simple t9.23
r0009 SeMce Order Requests - Complex t4r.08
!0010 SeMce Order Requests for DSR - Directory Listing Only 35.61
10014 2-Wre Loop Cooperatite Testing J57.22
10015 +Wre Looo Coooeratve Testinq s70.29
10016 Trouble lsolation ChaBe t7t.32
LNP Coordinated Gon\rerBion (Hot cu0
Firsl Quarler Hour $r9.32
Additional Quarter Hour $r0.32
ICB
10018 DS1 Loop, per carcuit s100.55
100't9 DS1 Transport, per circuit $r00.55
DS3 Loop, per carcuat Ir00.s5
DS3 Transport, per circuit $r00.55
2 vvire 11.29
4 v\,ire sz59
Other NID Sizes lcB
NID Outside Facilities Connection ICB
-(xrp Make-up lffornauon 31t.0E
2-WrD XDSL - Csprble Loop
l0ry,2 Band 1 3E5.25
l0u3 Band 2 331 t.t6
lm44 Band 3 33,f9.75
t0049 FiBt Line $l I E.l3
10050 S:econd Line and Each Additional Line (same time)$t5.20
!0051 Re'instal! (Gut Thru and Dedicated/Vacant)S5'1.79
t0052 Disconnect $59.67
2-Wre Dlgltal Loop
t0064 Band 1 $E5.2
t0065 Bar$2 l3r r.r6
CenturyTel- ldaho Page 1
Table 1 - Rates
KEYCODES Decomber 2021
tRc t{Rc ICA Elementr
10066 Band 3 $349.75
10071 First Line s{ 1E.r 9
10072
t0073 Dlsconnect s59.67
z-wlrc ISDil-BRl Dlglta! Loop
10074 State-wide $222.86
10081 First Line $t t E,l9
10082 Second Line and Each Additional Line (same time)$35.20
10083 Disconnect 359.67
Dlgltal 56kl64k Loop
t(x)94 State.wide $r r 3.E8
t0101 First Line s274.09
t0102 second Line and Each Additional Line (same time)3191.10
t0103 Dlsconn€ct 559.67
DSI Servlco
t0104 Band 1 3t t 7.'lE
t0105 Band2 3202.65
t0106 Band 3 3720.09
t0111 FiEt Line 33El.l0
t01't2 seoond Line and Each Addiuonal Line (same time)3298.10
t0113 Dlsconnect 3s9.67
DSS Servlce
Add DS3 to existino fiber svstem rcB 31.17.88
Dls@nnect 326.04
Sub-Loops lnterconnection (Stub Cable)tcB
2 Wlro Dlgltal Data Dlstrlbuuon
t0114 Band 1 s31.05
t0115 Band 2 371.17
t0116 Band 3 E120.55
1o121 Flrst Line slr9.93
1o12.seoond Llne and Eacn Addmonal Line (same ume)336.93
t0't23 llisconnect 363.rE
2-Wre xDSL - Capable Loop
t00/,2 Band 1 $291.43
10049 First Line $l l8.lg
10050 Second Line and Each Additional Line (same time)$35.20
10051 Re'install (Cut Thru and Dedicated/Vacant)$5'0.79
10052 Disconnect $59.67
z-Yyltr Dlslta! Loop
lm64 Band I 1291.43
10071 First Line trrE.rs
10072 Second Line and Each Additional Line (same time)335.20
t0073 Disconnect 359.67
z-Yvlre lSDil€Rl Dlgltal Loop
10074 Band 1 $697.63
t0081 First Line 3tt8.ts
t0082 second Line and Each Addifonal Line (same time)335.20
CenturyTel- ldaho Page2
Table 1 - Rates
KEYCODES December 2021
ilRC NRC lcA Elomontr
t0083 Dlsconnect s59.67
Dlgltal 56U64k Loop
r0094 Band I $29r.43
t0101 First Line 3274.09
r0102 second Line and Each Additional Line (same time)3r0r.r0
to't03 Disconnect 359.67
DSI Servlce
t0104 Band 1 1330.67
t0111 First Line Eri8r.r0
to't12 slcond Line and Each Additional Llne (same time)3298.r0
t0113 DisconnBct 359.67
DS3 Servlce
Add DS3 to existing fiber system lcB Er47.88
Disconnect 326.04
sub-.Loops lnterconnectlon (stuD cable)lcB
2 Wlrs Dlgltsl Data Dlrtflbuuon
t01't4 Band 1 $93.20
0121 First Line llr9.93
10122 se@nd Line and Each Addruonal Llne (3ame tame)$36.93
t0123 Disconnect 363.1E
t9e!L99!!.E949yfl for all Digital UNE and xDsl-Capable loops hat are lers than
18,000 feot ln length - per llne condltloned (No Engineering or Trip charges -
price reflects 25 pair economies)$7.0E
Load Coll Romoyal: Loopt l8kft or longer
to21 Conditionins Engineering Charge - per loop $73.70
to220 J27.16
to221 lnload cable pair, per Underground location 1171.E2
to222 Unload Addt'l cable pair, UG same time, same location and cable sr.06
lo22 Unload cable pair, per Aerial Location $72.30
10224 Unload Addt'l cable pair, AE or BU, same time, location and cable $r.0G
10225 Unload cable pair, per Buded Location $102.05
Bddged Tap or Repeater Removal - Any Loop Longth
(The followlng charges apply to all loopr of any length that rcqulre Brldged
Tao or Repeabr removal.)
t0232 Remove Bridqed Tap or Repeater, per Underqround Location $175.11
10226 Remove each Addt'l Bridsed Tap or Repeater, UG same time, location and cable Er.06
10227 Remove Bridoed Tap or ReDeater, per Aerial Location 372.30
10228 Remove each or or BU same location and cable 3r.06
t0231 Remove Bridqed Tap or Repeater, per Buried Location $t02.9{
DSI
Recurring Fixed $r8.3r
Recur.ing per Mlle si05.62
NRC $103.44
Disconnect $26.0a
DS3
Recuning Fixed s354.90
CenturyTel- ldaho Page 3
Table 1 - Rates
KEY CODES December 2021
tRc NRC ICA Elements
Recurring per Mile $2.564.22
NRC $103.'14
Disconnect $26.01
Multlplexlng elements aro only relevant in coniunction with UNE transporl
t0136 t0137 Multiplexing - DS3-DS1 (per DS3)$262.00 t103.'14
DS3-DS1 Disconnect $26.04
Dark Flber Application & Quote PreDaratlon Charge $257.23
Note: These elements are calculated and billed manually using one price per USOC
and COS. Detail is provided by the DFA form returned to the customer.
Transport
$0.0106lnteroffice, per foot per fiber - Statewide Average
Additional Charges Applicable to Transport
Fiber Patch Cord, per fiber 30.37
$r.65Fiber Patch Panel, per fiber
Central Office lnterconnection,l-4 Patch Cords per CO - lnstall or Disconnect 3268.96
Dark Fiber End-to-End Testinq, lnitial Strand 993.s3
Dark Fiber End-to-End Testing, Subsequent Strand $26.1{
Enhanced Extended Link (EEL) ls a comblnatlon of Loop, Transport and
Multlplexlng (when appllcable). Refer to the speclffc UNE sectlon (transport,
loop, multlplexing) in this document to obtain prlclng for each specific
elemsnt.
See Rate Element / Seruice Order / lnstallation/Repalr Center soction of thls
prlce sheet for EEL Converclon Charges.
Local lnterconnectlon Entrance Facility
DSI $r 17.48 $381.10
DS3 tcB tcB
Local !ntorconnection Entrance Faclllty
DSl $330.67 $381.10
DS3 tcB lcB
DSl Sl03.tl4
Flxed $18.31
s105.62Per Mtle
DS3 $103.'[4
3354.90Fixed
$2.564.22Per Mile
i
DS1-DSO (per DSI) - (Shelf only, rate does not include cards)392.03 $103.'14
DS3-DS1 (per DS3)$262.00 $103.44
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CenturyTel- ldaho Page 4
Table 1 - Rates
KEY CODES December 202,
tRc NRC ICA Elemontr
Local Interconnection Entrance Facility, Direct Trunk Transport and/or Multiplexing
(applied on a per oder basis)
DS1- EF, DTT and/or Multiplexing Disconnect $26.01
DS$ EF, DTT and/or Multiplexing Disconnect $26.01
End Ofice - per MOU Blll and Keep
Tandem $rilcfiing - per MoU Blll md KeeD
Common Transport - per MoU Bll! and KeeD
Common Transport for lndirecl Network Connedion - per MOU 30.000023
VNXX Traffic - CTL Orislnating Access Rates
CenturyLlnk's
lnto]3tale or
lntra3trte Accoss
T.rlfi
Transit SeMce Charge - per Minute of Use (excludes trafiic terminating to a
CenturyLink afiliate operating as an lncumbent Local Exchange Canier)s0.0050
Vo|P-PSTN Trafiic
CenturyLlnk's
lnte]ltate or
lntraitata Acces3
Tarllf
CenturyLlnk'e
lnteEtate or
lntrastate Access
Tadff
Facllity PVU 20%
Local Number Portability query GNP)
Per lnteEtate
Tarlff
Per lnteEtate
Tarlff
Toll Free Code query fiFC) - Simple
Por lntelltats
Tarllf
Per lnteBtate
Tadff
Toll Free Code query CIFC) - Complex Additive
Por lntelltate
Tarlff
Per lntetrtate
Tarlff
Line lnformation Database query (LIDB)
Per lnt rlt te
Tadff
Per lntoEtate
Tarlff
Line lnformation Database query transport (UDB)
Per lnteBtate
Tarlfl
Per lnteEtate
Tarlff
Direc'tory - Premium & Privacy Listings
Reior to
Appllcabb Retall
Tarlff
Ad Hoc (Each Addilional ) Galley $r50.00
Direc{orv Listinss - 0f CLEC not purchasim UNE Loops)30.00
Rearanoement of Cable
Reananoement of Uo to 3 Pairs per UNE Looo Ordered
lncluded ln Loop
NRC
Reananoements Reouirino More Than 3 Pairs oer UNE Looo Ordered tcB
RopeaterrDoubler Installatlon cost (lncl. 4 slot houslng and I card), por
locatlon
1. Reoeater Eouioment Case M ReDeater Card (for T-1 aDDlications):
Where Special Construction Does Not Apply (Card lnstallation Only)
lncluded ln Loop
uRc
lncluded In Loop
NRC
10229 \Mere Speejal Construction Applies, Non Recuning Charge $2.030.E2
CenturyTel- ldaho Page 5
Table 1 - Rates
KEY CODES December 2021
tRc NRC ICA Elements
2. Doubler Equipment Case W Doubler Card (for HDSL aoplications)
\Mere Special Construction Does NotApply (Card lnstallation Only)
lncluded ln Loop
trRC
lncluded ln Loop
NRC
10230 Where Soecial Construction Aoplies, Non Recuninq Charqe 32.27L91
Smart Jack
lncluded ln Loop
lfRc
lncluded ln Loop
itRc
Llne Card lnstallatlon
lncluded ln Loop
ilRC
lncluded ln Loop
IrIRC
Processino Fee $1.585.07
CenturyTel- ldaho Page 6
Tabhl-LoopBands
Bend:
l{emo
T{83
T-083
T{83
Salmon
North Fork
lcedoe
stt NtDxc
NFRKIDXC
I.EDRIDXC
I
2
3
Erchrnoo lLmo cLu Eand
T-148
T.14E
T-148
T-1.18
BruneauGnsmerc Rlddc
GrasmoreRldd€
Grand VlEw
Rkfindd
BRUNIDXC
GRRL!DXA
GR\,,WDXC
RCFDIDXC
I
1
1
I
CenturyTel- ldaho Page 7
Table 2 - Collocation
KEY CODES December 2021
iltRc NRC Physical and Vlrtual Collocatlon Eloments
New Collocation - Application Fee $2,661.14
New Collocation - Admin., Transm. Engr. & Project Management Fee $5,689.77
MinorAugment Fee s750.52
Minor Augment - Adminisfative & Project Management Fee $755.23
Minor Augment - Transmission Engineering Fee $526.91
Major Augment Fee $1,566.2S
Major Augment - Administrative & Proiect Management Fee $1,960.23
Major Augment - Transmission Engineering Fee $1,3|7.73
Space Report (per wire center)$893.62
s495.35;ecuriv Cage - Engineerinq
Security Cage - Construclion (Cost per Linear Foot)$46.64
FIoor Spaco (Per Square Foot)$7.45
s23.90Power Costs - Per Load Ampere Ordered
$19.09 $r.564.7rPower Costs - Connectlon to Po\ rer Plant up to 30 Amps
Power Costs - Connection to Pou/er Plant 3'l-60 Amps t29.12 92.499.21
389.74 $8.400.18Power Costs - Connection to Power Plant 61-100 Amps
Add Per Foot Over 1 10 Linear Feet $r.65 3r62.02
Power Costs - Connection to Power Plant 101-200 Amps 3r94.52 $18.'195.89
Add Per Foot Over 1 10 Linear Feet 33.1 I $306.18
Cost per AC Outlet lnstallation (per outlet 20 amps) (non-load use)$1.056.79
Cost per Set of Overhead Lights s1,549.31
DSo Switchboard Cable Per 100-Pr $29.81
S684.0t1DSo Co-Canier Switchboard cable Per 100 Pr $6.87
DS1 Cross Connect (Per 2E pack oI DS1 s)$39.28
ssE7.39DS1 Co-Carrier Cross Connect (Per 2E pacl( of DSl s)$7.37
s1 89.09DS3 Cross Connect (Per 12 pack ol DSSS)
31s.06 31.7,[6.91DS3 Co-Carrier Cross Connect (Per 12 pack of DS3s)
Qplrcal oross-connect Per 4 hrbers $15.77
$9.84 $2s3.09Optical Cross-Connect Co-Canier Per 4 Fibers
lnternal Cable Space - Per 48 Fiber Cable t30.87
lnternal Cable Space - Per 100 Pr Copper Stub Cable $20.5s
lnternal Cable - 48 Fiber $39.98 ir.191.93
$177.55lnternal Cable - Per 100-Pr Copper Stub Cable t+l.77
Security Card - Per Card $r5.00
Additional Labot 114 hour CO Technician - Reoular $18.62
Additional Labor 1/4 hour CO Technician - Overlime $27.93
Additional Labor 114 hour CO Technician - Premium 137.24
Additional Labot 114 hour CO Enqineer $15.12
Additional Labor 1/4 hour OSP Technician - Reqular $18.62
Additional Labot 114 hour OSP Technician - Overtime s27.93
Additional Labor 1/4 hour OSP Technician - Premium $37.24
s14.2',1Additional Labot 114 hour OSP Enqineer
tcBAll Elements
hwffiffi,,"ffixreffi#
fiffimffi,ffi_"=#ffi-ffiffi1H
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.r:,'i--.-. :::,.:::'"1(.:l
CenturyTel- ldaho Page 1
Table 2 - Collocation
KEYCODES Docember 2021
iltRc NRC PhyElcal and Vlrtual Collocatlon Element!
All Elements lcB
CenturyTel- ldaho Page 2