20220801Qwest Interconnection Agreement with Time Warner-FCC Compliant.pdf

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August 1,2022
Via Email Submission
s e c r eta ryt@It u e i d a h o. go v
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. ChindenBlvd., Bldg. 8, Ste.20l-A
Boise, D 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 Terms and Conditions for Interconnection between Qwest
Corporation dba CenturyLink QC ('CenturyLink") and Time Warner Cable Information Services
(Idaho), LLC 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
'-,f,!\J l1
Re
A,*/"d?/k
lo"i{xaansil"
Legal Assistant
Attachments
cc: Service List
1600 70' Avenue, Floor 15
Seattle, Washington 98191
206-806-7339
[e-mail]
William E. Hendricks, III (WSB A# 29786)
Lumen
902 Wasco Street
Hood River, OR 97031
s4r-387-9439
Tre. hendricks@lumen. com
ApplrclrroN oF Qwesr ConponlrloN DBA
Coxrunvl,rm< QC FonAppnovAl oFTHE
IxrnncoxxpcTloN AcnBnupr*t wrrH TI*rn
WmxBn C.lnt,n Ixronurartox Sunvtcrs
(Iu,Luo), LLC Fon Tnr Srarp or lo,lno
PuRsu.q,xr ro47 U.S.C. S252(n)
BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION
CASE NO.:
Appt tcauoN FoR AppRovlr, or
InrnRcoxNECTIoN AcRppurnrvr
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of Interconnection Agreement by and between CenturyLink and Time Warner
Cable Information Services (Idaho), LLC for the State of Idaho ("Agreement"). The Agreement
with Time Warner Cable Infonnation Services (Idaho), LLC ("Time Warner") is submitted
herewith.
This Agreement was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
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.
AppLrcRnoN roR AppRovaL or INrBRCoNuecrroN AGREEMENT- [Trur WanNrn]
Page 1
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
Time Warner 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 Agreem€nt was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this l't day of Augus\2022.
CENTURYLINK
William E. Hendrichs, III
Attorney for CenturyLink
AppucenoN ron AppRovLl oF INTERooNNEcTIoN AcnnrurNr- [Trur Wanurn]
Page2
CERTIFICATE OF SERVICE
I hereby certiff that on this 1$ day of August,2022,I senred 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
Michael L. Scanlon, Vice President, Circuit Operations
Time Wamer Cable Information Services (Idaho), LLC
Via Email:
secretary@Fuc. idaho. eov
Via Email:
Michael.l. [e-mail]
Josie
AppucerloN FoR AppRovAL or lrvrsncoNNEcrloN AcnrsMrnr- [Tnvre WanNrn]
Page 3
I ntercon nectlon Agreement
Terms and Condi$ons for lnterconnection
Between
Ghvet Gorpomtlon dba CenturyLink QG
and
Tlme Warner Gable lnformation Servlces (ldaho), LLC
For the State of Idaho
Agreement Number
cDs.210729-0001
TABLE OF CONTENTS
SECTION 1.0 - GENERAL TERMS
SECTION 2.0. !NTERPRETATION AND CONSTRUCTION
sEcTloN 3.0 - cLEc tNFoRMATION...........
sEcTloN 4.0 - DEF|NlTtONS......
SECTION 5.0 - TERMS AND CONDITIONS............
1
2
4
6
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5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.12
5.13
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
5.28
5.29
5.30
5.31
Geruenru PRovtstoNs
PRvuexr...
TeRu oT AGREEMENT
lrureruloruRuv Lerr Burur.
TAxES
!usunnruce ........
FoRcE MnteunE
Lrutrnlon or LnalLtrY
!NDEMNITY
!NtEltecruel PnopeRrY
Dernulr....
DISCLATMER oF AGENCY..
SevenRetLlrY
NottotsclosuRE..........
Sunwnl...
Dtspure Resolulor.r
CorurRolt-lttc LAW........
RESPONSIBILITY FOR ENVIRoNMEUTRI CoUTRMINATIoN
NoTIcES
ReSpOIISISILITY OF EACH PARTY
NO THIRD Pnnw BENEFIcIARIES ....
!ureruroruRLLy LEFT 81ANK............
PueLtctrY..
Execureo tru CourureRPARTS
COlrrtpt-tRttCE................
CoupltRtrtcE wtrH THE CoMMUNtcATtoNS AsslsrRucr Lnw
ENFORCEMETTACr Or 1994
CoopenRroN ............
AMENDMENTS .............
EUIRe AGREEMENT
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54
SECTION 6.0 - INTENTIONALLY LEFT BLANK.
sEcTloN 7.0 - 1NTERCONNECT|ON...........
7.1 lrurencouuecroNFActuwOplotts7.2 ExcHANGE oF TRAFFIc7.3 !NrencRnnten CoupeusATtoN........7.4 ORoenruc7.5 Jorrurly PRoVTDED Swrrcneo AccEss SERV|CES7.6 TRRrusIr REcoRDS...7.7 Locnl lrureRcor.truecroN DRrn ExcnANGE FoR B|LLrNG....
SECTION 8.0 - INTENTIONALLY LEFT B1ANK...............
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TABLE OF CONTENTS
SECT]ON 9.0 - INTENTIONALLY LEFT B1ANK...............
SECTION 1 O.O . ANC!LLARY SERVICES...............
10.1 INTENTIONALLY LEFT BI-RNK........
10.2 Locnl Nuruaen PoRTABtLtrY..
SECTION 11.0 - NETWORK SECURITY
sEcTtoN 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS).
12.2 OSS SuppoRT FoR PRE-oRDERlnc, OnoeRtNG AND PRovlslotrlNc...................
12.3 MRrureruRNcE AND REpArR......
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS..
SECTION 14.0 - LOCAL DIALING PARITY.....
SECTION 15.0 - INTENTIONALLY LEFT 81ANK............
SECTION 16.0 - INTENTIONALLY LEFT BLANK
SECTION 17.0 - BONA FIDE REQUEST PROCESS
SECTION 18.0 - AUDIT PROCESS
SECTION 19.0 - CONSTRUCTION CHARGES.
SECTION 2O.O- INTENTIONALLY LEFT BLANK
SECTION 21.0 - NETWORK STANDARDS
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SECTION 22.0. SIGNATURE PAGE
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TABLE OF CONTENTS FOR EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
Rates
lntentionally Left Blank
lntentionally Lefr Blank
lntentionally Left Blank
lntentional$ Left BIank
lntentionally Left Blank
I ntentionally Left Blank
Cale,ulation of the Relative Use Factor (RUF)
lndividual Case Basis (lCB)
lntentionally Left Blank
lntentionally Left Blank
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Section 1
General Terms
Section 1.0 - GENERAL TERMS
1.1 This Agreement for lnterconnection and ancillary services ('Agreement") is
between Time Warner Cable lnformation Services (ldaho), LLC ('CLEC"), a Delaware limited
liability company, and Qwest Corporation dba CenturyLink QC ("CenturyLinK'), a Colorado
corporation pursuant to Section 252(f) of the Telecommunications Act of 1996, for purposes of
fulfilling CenturyLink's obligations under Sections 222,251(a), (b), and (c),252, and other relevant
provisions of the Act and the rules and regulations promulgated there under.
1.2 lntentionally Left Blank.
1.3 This Agreement sets forth the terms, conditions and pricing under which
CenturyLink will provide to CLEC network lnterconnection and ancillary services within the
geographica! areas in which CenturyLink is providing local Exchange Service at that time, and for
which CenturyLink is the incumbent Local Exchange Carrier within the state of ldaho for purposes
of providing local Telecommunications Services.
1.4 lntentionally Left Blank.
1.5 ! ntentionally Left Blank.
1.6 I ntentionally Left Blank.
1.7 lntentionally Left Blank.
1.8 With respect to the terms and provisions of this Agreement, CenturyLink has
negotiated the Agreement in its entirety, and the inclusion of any particular provision, or rate, term
and condition, is not evidence of the reasonableness thereof when considered apart from all other
provisions of the Agreement.
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Section 2
I nterpretation and Construction
Section 2.0 - INTERPRETATION AND GONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each
of which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and Exhibits
to, this Agreement unless the context sha!! otherwise require. The headings and numbering of
Sections and Exhibits used in this Agreement are for convenience only and will not be construed
to define or limit any of the terms in this Agreement or affect the meaning and interpretation of
this Agreement. Unless the context shall otherwise require, any reference to any statute,
regulation, rule, Tariff, technical reference, technical publication, or any publication of
Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technica! reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided however, that nothing in this Section 2.1 shal! be deemed or
considered to limit or amend the provisions of Section 2.2. ln the event a change in a law, rule,
regulation or interpretation thereof would materially change this Agreement, the terms of Section
2.2shall prevail overthe terms of this Section 2.1. ln the case of any material change, any
reference in this Agreement to such law, rule, regulation or interpretation thereof wi!! be to such
law, rule, regulation or interpretation thereof in effect immediately prior to such change until the
processes set forth in Section 2.2 are implemented. The existing configuration of either Party's
network may not be in compliance with the latest release of technica! references, technical
publications, or publications of Telecommunications industry administrative or technical
standards.
2.2 The provisions in this Agreement are intended to be in compliance with and based
on the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state and federa! rules, regulations, and laws as of January 1,2021 (the Existing Rules).
Nothing in this Agreement shall be deemed an admission by CenturyLink or CLEC concerning
the interpretation or effect of the Existing Rules or an admission by CenturyLink or CLEC that the
Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this
Agreement shall preclude or estop CenturyLink or CLEC from taking any position in any forum
concerning the proper interpretation or effect of the Existing Rules or concerning whether the
Existing Rules should be changed, vacated, dismissed, stayed or modified. To the extent that
the Existing Rules are vacated, dismissed, stayed or materially changed or modified, then this
Agreement shall be amended to reflect such legally binding modification or change of the Existing
Rules. Where the Parties fail to agree upon such an amendment within sixty (60) Days after
notification from a Party seeking amendment due to a modification or change of the Existing Rules
or if any time during such sixty (60) Day period the Parties shall have ceased to negotiate such
new terms for a continuous period of ffieen (15) Days, it shall be resolved in accordance with the
Dispute Resolution provision of this Agreement. lt is expressly understood that this Agreement
wilf be corrected, or if requested by CLEC, amended as set forth in this Section 2.2, to reflect the
outcome of generic proceedings by the Commission for pricing, service standards, or other
matters covered by this Agreement. Rates in Exhibit A will reflect legally binding decisions of the
Commission and shall be applied on a prospective basis from the effective date of the legally
binding Commission decision, unless otherwise ordered by the Commission. Where a Party
provides notice to the other Party within thirty (30) Days of the effective date of an order issuing
a legally binding change, any resulting amendment shall be deemed effective on the effective
date of the legally binding change or modification of the Existing Rules for rates, and to the extent
practicable for other terms and conditions, unless otherwise ordered. In the event neither Pafi
provides notice within thirty (30) Days, the effective date of the legally binding change shall be
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Section 2
lnterpretation and Construction
the Effective Date of the amendment unless the Parties agree to a different date. During the
pendency of any negotiation for an amendment pursuant to this Section 2.2 the Parties shall
continue to perform their obligations in accordance with the terms and conditions of this
Agreement, for up to sixty (60) Days. For purposes of this section, "legally binding" means that
the legal ruling has not been stayed, no request for a stay is pending, and any deadline for
requesting a stay designated by statute or regulation, has passed.
2.2.1 ln addition to, but not in limitation of, Section 2.2 above, nothing in this
Agreement shal! be deemed an admission by CenturyLink or CLEC conceming the
interpretation or effect of any rule, regulation, statute, or interpretations thereof, including
but not limited to the FCC's Triennial Review Order and/or its Triennial Review Remand
Order and state rules, regulations, and laws as they may be issued or promulgated.
Nothing in this Agreement shall preclude or estop CenturyLink or CLEC from taking any
position in any forum concerning the proper interpretation or effect of any rule, regulation,
or statute, or concerning whether the foregoing should be changed, vacated, dismissed,
stayed or modified.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and CenturyLink's TarifB, PCAT, methods and procedures, technical
publications, policies, product notifications or other CenturyLink documentation relating to
CenturyLink's or CLEC's rights or obligations under this Agreement, then the rates, terms, and
conditions of this Agreement shall prevail. To the extent another document abridges or expands
the rights or obligations of either Party under this Agreement, the rates, terms and conditions of
this Agreement shall prevail.
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Section 3
CLEC lnformation
Section 3.0 - CLEC INFORMATION
3.1 Except as otherwise required by law, CenturyLink will not provide or establish
lnterconnection and ancillary services in accordance with the terms and conditions of this
Agreement prior to CLEC's execution of this Agreement. The Parties shall complete
CenturyLink's "New Customer Questionnaire," as it applies to CLEC's obtaining of lnterconnection
and ancillary services hereunder.
3.2 Prior to placing any orders for services under this Agreement, the Parties willjointly
complete the following sections of CenturyLink's "New Customer Questionnaire:"
General lnformation
Billing and Collection (Section 1)
Credit lnformation
Billing lnformation
Summary Billing
OSS and Network Outage Notification Contact lnformation
System Administration Contact lnformation
Ordering lnformation for LIS Trunks
Design Layout Request - LIS Trunking
3.2.1 The remainder of this questionnaire must be completed within two (2)
weeks of completing the initial portion of the questionnaire. This questionnaire will be
used to:
Determine geographical requirements;
!dentifo CLEC identification codes;
Determine CenturyLink system requirements to support CLEG's specific activity;
Collect credit information;
Obtain Billing information;
Create summary bills;
Establish input and output requirements;
Create and distribute CenturyLink and CLEC contact lists; and
ldentifu CLEC hours and holidays.
3.2.2 CLECs that have previously completed a Questionnaire need not fill out a
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Soc'tion 3
CLEC lnformation
New Custorner Questionnaire; however, CLEC will update its Nerv Customer
Questionnaire with any changes in the required information that have occurred and
communicate those changes to CenturyLink. Befure placing an order for a new product,
CLEC will need to complete the relevant New Product Questionnaire and amend this
Agreement.
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Section 4
Definitions
Section 4.0 - DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between CLEC and CenturyLink for Local lnterconnection Service.
"Access Services" refers to the interstate and intrastate switched access and private line transport
services offered for the origination and/or termination of interexchange traffic.
"Access Tandem Switch" is a Switch used to connect End Office Switches to interexchange
Carrier Switches. CenturyLink's Access Tandem Switches are also used to connect and switch
traffic between and among Central Office Switches within the same LATA and may be used for
the exchange of localtraffic.
'Act" means the Communications Act of 1934 (47 U.S.C. S 151 et. seq.), as amended and as
from time to time interpreted in the duly authorized rules and regulations of the FCC or the
Commission.
'Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another person. For purposes of this paragraph,
the term 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent.
'Applicable Lad' means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and fina! orders of the FCC and the Commission, and any final orders
and decisions of a court of competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or the Commission.
"Application Date" or I'APP" means the date CLEC provides GenturyLink an application for service
containing required information as set forth in this Agreement.
"ATlS" or "Alliance for Telecommunications Industry Solutions" is a North American
telecommunication industry standards forum which, through its committees and working groups,
creates, and publishes standards and guidelines designed to enable interoperability and
lnterconnection for Telecommunications products and services. ATIS Standards and Guidelines,
as well as the standards of other industry fora, are referenced herein.
"Bill Date" means the date on which a Billing period ends, as identified on the bill.
"Billing" involves the provision of appropriate usage data by one Telecommunications Carrier to
another to facilitate Customer Billing with attendant acknowledgments and status reports. lt also
involves the exchange of information between Telecommunications Carriers to process claims
and adjustments.
"Bona Fide Request" or "BFR" shall have the meaning set forth in Section 17.
"Bridged Tap" means the unused sections of a twisted pair subtending the Loop between the End
User Customer and the Serving Wire Center or extending beyond the End User Customer's
location.
"CABS' means Canier Access Billing System or any successor billing system.
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Section 4
Definitions
"Calling Party Number" or "CPN" is a Common Channel Signaling (CCS) parameter which refers
to the ten digit number transmitted through a network identifying the calling party. Reference
CenturyLink Technical Publication 77342.
"Carrier" or "Common Carrier" See Telecommunications Carrier
"Carrier Liaison Committee" or "CLC" is under the auspices of ATIS and is the executive oversight
committee that provides direction as well as an appeals process to its subtending fora, the
Network lnterconnection !nteroperability Forum (NllF), the Ordering and Billing Forum (OBF), the
lndustry Numbering Committee (lNC), and the Toll Fraud Prevention Committee (TFPC). On
occasion, the CLC commissions ad hoc committees when issues do not have a logical home in
one of the subtending forums. OBF and Network lnstallation and Maintenance Committee (NIMC)
publish business process rules for their respective areas of concern.
"Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"CentralOffice Switch" means a Switch used to provide Telecommunications Services, including,
but not limited to:
"End Office Switches" which are used to terminate End User Customer Station Loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
"Tandem Office Switches" (or "Tandem Switches") are used to connect and switch trunk
circuits between and among other End Office Switches.
"Centralized Automatic Message Accounting" or "CAMA" trunks are trunks using MF signaling
protocol used to record Billing data.
"Charge Number" is a Common Channe! Signaling parameter, which refers to the number,
transmitted through the network identifying the Billing number of the calling party. Charge Number
frequently is not the Calling Party Number (CPN).
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. S 332 and FCC rules and
orders interpreting that statute.
"Commission" means the !daho Public Utilities Commission.
"Common Channel Signaling" or "GCS" means a method of exchanging ca!! set up and network
contro! data over a digitalsignaling network fully separate from the Public Switched Network that
carries the actualcall. Signaling System 7 ("SS7") is currently the preferred CCS method.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers to the duties and
obligations of Carriers to assist law enforcement agencies by intercepting communications and
records, and installing pen registers and trap and trace devices.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to this Agreement, to obtain lnterconnection or ancillary services. CLEC is an entity
authorized to provide !oca! Exchange Service that does not otherwise qualify as an lncumbent
Local Exchange Carrier (!LEC).
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Section 4
Definitions
"Confidential lnformation" shall have the meaning set forth in Section 5.16.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment using
patch cords or jumper wires that attach to connection hardware on each end.
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Customer Premises Equipment" or "CPE" means equipment employed on the premises of a
Person other than a Carrier to originate, route or terminate Telecommunications (e.9., a
telephone, PBX, modem pool, etc.).
"Day" means calendar days unless otherwise specified.
"Demarcation Point" means the point where CenturyLink owned or controlled facilities cease, and
CLEC, End User Customer, premises owner or landlord ownership or control of facilities begin.
"Dialing Parity" shall have the meaning setforth in Section 14.1
"Digital Signal Leve!" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Leve! 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are twenty-four (24) DSO channels in a DS1.
"Digital Signa! Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time.division multiplexing hierarchy of the telephone network, DSI is
the initial level of multiplexing. There are twenty-eight (28) DSls in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-leve! signal in the time-division
multiplex hierarchy. ln the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Due Date" means the specific date on which the requested service is to be available to CLEC or
to CLEC's End User Customer, as applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
have traditionally been handled through manual means. The heart of Electronic Bonding is strict
adherence to both lnternational and National standards. These standards define the
communication and data protocols allowing all organizations in the world to exchange information.
"End User Customer" means a third party retail Customer that subscribes to a
Telecommunications Service provided by either of the Parties or by another Carrier or by two (2)
or more Carriers.
"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any
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Section 4
Definitions
Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and localjurisdictions) or (ii) poses risks to human health,
safety or the environment (including, without limitation, indoor, outdoor or orbital space
environments) and is regulated under any Applicable Law.
"Exchange Access" shall have the same meaning as in the Act.
"Exchange Message Record" or "EMR" is the standard used for exchange of telecommunications
message information between telecommunications providers for billable, non-billable, sample,
settlement and study data. EMR format is contained in BR-010-200-010 CRIS Exchange
Message Record, a Telcordia document that defines industry standards for exchange message
records.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated and terminated within the Local Calling Area as defined in CenturyLink's Southern
ldaho and Northern ldaho Exchange and Network Services Catalogs.
"FCC" means the Federal Communications Commission
"Firm Order Confirmation" or "FOC' means the notice CenturyLink provides to CLEC to confirm
that CLEC's Local Service Order (LSR) has been received and has been successfully processed.
The FOC confirms the schedule of dates committed to by CenturyLink for the Provisioning of the
service requested.
"lndividual Case Basis" or "lCB" shal! have the meaning set forth in Exhibit l.
"!ntegrated Services Digital Network" or "ISDN" refers to a digita! circuit switched network service.
Basic Rate ISDN (BRl) provides for channelized (two (2) bearer and one (1) data) end-to-end
digital connectivity for the transmission of voice or data on either or both bearer channels and
packet data on the data channel. Primary Rate ISDN (PRl) provides for twenty-three (23) bearer
channels and one (1) data channel. For BRl, the bearer channels operate at 64 Kbps and the
data channel at 16 Kbps. For PRl, all twenty-four (24) channels operate at 64 Kbps or 1 .5 Mbps.
"lnterconnection" is as described in the Act and refers to the connection between networks for the
purpose of transmission and routing of telephone Exchange Service traffic, !ntraLATA LEC Toll
and Jointly Provided Switched Access traffic.
"lnterconnection Agreement" or "Agreement" is an agreement entered into between CenturyLink
and CLEC for lnterconnection or other services as a result of negotiations, adoption and/or
arbitration or a combination thereof pursuant to Section 252 of the Act. When CLEC signs and
delivers a copy of this Agreement to CenturyLink pursuant to the notice provision of the
Agreement, it becomes the lnterconnection Agreement between the Parties pursuant to Section
252(e) of the Act.
"lnterexchange Carrier" or "lXC" means a Carrier that provides lnterLATA or lntraLATA To!!
services.
"lnterexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, S lV(K), reprinted in United Sfafes v. Am. Tel.
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Definitions
& Tel. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"lnterLATA Traffic" describes Telecommunications between a point located in a Loca! Access and
Transport Area ("LATA") and a point located outside such area.
"lnternet Service Provider-Bound" or "lSP-Bound" refers only to the traffic delivered to an lnternet
Service provider for which the FCC prescribed intercarrier compensation in the lntercarrier
Compensation for lSP-Bound Traffic, CC Docket No. 99-68, Order on Remand and Report and
Order, 16 FCC Rcd 9151 (2001) (the "lSP Remand Orde/), Such traffic does not include traffic
delivered to an lnternet Service provider located in a different local calling area than the
calling party.
"lnteroperability" means the ability of a CenturyLink OSS Function to process seamlessly (i.e.,
without any manual intervention) business transactions with CLEC's OSS application, and vice
versa, by means of secure exchange of transaction data models that use data fields and usage
rules that can be received and processed by the other Partyto achieve the intended OSS Function
and related response. (See also Electronic Bonding.)
"lntraLATA LEC Toll" means lntraLATA Toll traffic carried solely by a Local Exchange Canier and
not by an !XC.
"lntraLATA TollTraffic" describes lntraLATA Traffic outside the Loca! Calling Area.
"Line Side" refers to End Office Switch connections that have been programmed to treat the circuit
as a local line connected to a terminating station (e.9., an End User Customer's telephone station
set, a PBX, answering machine, facsimile machine or computer).
"Local Access Transport Area" or "LATA" is as defined in the Act.
"Local Calling Area" is a geographically defined area as established by the effective tariffs of
CenturyLink as approved by the Commission.
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in the provision of
telephone Exchange Service or Exchange Access. Such term does not include a Carrier insofar
as such Carrier is engaged in the provision of a commercial mobile service under Section 332(c)
of the Act, except to the extent that the FCC finds that such service should be included in the
definition of such term.
"Local Exchange Routing Guide" or "LERG" means a Telcordia Technologies Reference
Document used by LECs and lXCs to identify NPA-NXX routing and homing information as well
as equipment designations.
"Local lnterconnection Service (LlS) Entrance Facility" is a DS1 or DS3 facility that extends from
CLEC's Switch location or Point of lnterconnection (POl) to the CenturyLink Serving Wire Center.
An Entrance Facility may not extend beyond the area served by the CenturyLink Serving Wire
Center.
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Section 4
Definitions
"Local Interconnection Service (LlS)" is the CenturyLink product name for its provision of
lnterconnection as described in Section 7 of this Agreement.
"Local Service Ordering Guide" or "LSOG" is a document developed by the OBF to establish
industry-wide ordering and Billing processes for ordering !oca! services.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"LocalTandem Switch" is a CenturyLink switch used to connect and switch trunk circuits between
End Office Switches for traffic within an EAS/Local calling area.
"Loca! VolP-PSTN Traffic" is VolP-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Location Routing Number" or "LRN" means a unique ten- (1O)-digit number assigned to a Centra!
Office Switch in a defined geographic area for call routing purposes. This ten- (1O)-digit number
serves as a network address and the routing information is stored in a database. Switches routing
calls to subscribers whose telephone numbers are in portable NXXs perform a database query to
obtain the Location Routing Number that corresponds with the Switch serving the dialed
telephone number. Based on the Location Routing Number, the querying Carrier then routes the
call to the Switch serving the ported number. The term rrLRNrr may also be used to refer to a
method of LNP.
"Long Distance Service" (see "!nterexchange Service").
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services from the other with
attendant acknowledgments and status reports in order to ensure proper operation and
functionality of facilities.
"Maintenance of Service charge" is a Miscellaneous Charge that relates to trouble isolation work
performed by CenturyLink. Basic Maintenance of Service charges apply when the CenturyLink
technician performs work during standard business hours. Overtime Maintenance of Service
charges apply when the CenturyLink technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the CenturyLink technician performs work on either a Sunday or CenturyLink recognized
holiday.
"Meet Point" is a point of lnterconnection between two (2) networks, designated by two (2)
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers including an !LEC, CLEC or
CMRS carrier receive traffic in the same I-ATA that the call is to be terminated in or originated
from, and jointly provide Switched Access Service to an lnterexchange Carrier, with each !LEC,
CLEC or CMRS carrier receiving an appropriate share of the revenues from the IXC as defined
by their effective Switched Access Tariffs or, if applicable, CMRS contract.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at CLEC's
request or based on GLEC's actions that result in miscellaneous services being provided by
CenturyLink, as described in this Agreement.
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Definitions
"Mobile Wireless Service" means a!! mobile wireless telecommunications services, including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
service offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Multiple Exchange Carrier Access Bi!!ing" or "MECAB" refers to the document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications lndustry Solutions
(ATIS). The MECAB document, published by ATIS (0401004-00XX), contains the recommended
guidelines for the Billing of an access service provided by two (2) or more LECs (including a LEC
and a CLEC), or by one (1) LEC in two (2) or more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services -
lndustry Support lnterface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Canier Liaison Committee (CLC) of the Alliance for Telecommunications
lndustry Solutions (ATIS). The MECOD document, published by ATIS (0404120-O0X), contains
recommended guidelines for processing orders for access service which is to be provided by two
(2) or more LECs (including a LEC and a CLEC).
"N-1 Carrier" means the Carrier in the call routing process immediately preceding the terminating
Carrier. The N-1 Carrier is responsible for performing the database queries to determine the LRN
value for correctly routing a callto a ported number.
"Network lnstallation and Maintenance Committee" or "NIMC" is the ATIS/CLC sub-committee
responsible for developing business process rules for Maintenance and Repair or trouble
administration.
"North American Numbering Council" or "NANC" means the federal advisory committee chartered
by the FCC to analyze, advise, and make recommendations on numbering issues.
"North American Numbering Plan" or "NANP" means the basic numbering plan for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna lslands and certain Caribbean lslands. The
NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as
the area code) followed by a 3-digit NXX code and 4-digit line number.
"Number Portability Administration Center" or "NPAC" means one (1) of the seven (7) regional
number portability centers involved in the dissemination of data associated with ported numbers.
The NPACs were established for each of the seven (7) origina! Bell Operating Company regions
so as to cover the fifty (50) states, the District of Columbia and the U.S. territories in the North
American Numbering Plan area.
"Numbering Plan Area" or "NPAU is also sometimes referred to as an area code. lt is a unique
three-digit indicator that is defined by the '4," "B" and "C" digits of each 1O-digit telephone number
within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2) general
categories of NPA. "Geographic NPA" is associated with a defined geographic area and all
telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
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Section 4
Definitions
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
'NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity code
which is defined by the "D," "E' and "F" digits of a ten- (10) digit telephone number within the
NANP.
"Operational Support Systems" or "OSS" shall have the meaning set forth in Section 12.
"Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Billing.
"Originating Line lnformation Parameter" or "OLlPu is a CCS SS7 signaling parameter that
identifies the line class of service, i.e., originating screening and routing translation.
"P.01 Transmission Grade of Service" means a circuit switched trunk facility Provisioning
standard with the statistical probability of no more than one (1) cal! in one hundred (100) blocked
on initial attempt during the average busy hour.
"Parity" means the provision of non-discriminatory access to lnterconnection and other services
provided under this Agreement to the extent legally required on rates, terms and conditions that
are non-discriminatory, just and reasonable. Where Technically Feasible, the access provided
by CenturyLink will be provided in "substantially the same time and manner" to that which
CenturyLink provides to itself, its End User Customers, its Affiliates or to any other party.
"Party" means either CenturyLink or CLEC and "Parties" means GenturyLink and CLEC.
"Person" is a general term meaning an individual or association, corporation, fiflyr, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Point of lnterface", "Point of lnterconnection," or "PO!" is a demarcation between the networks of
two (2) LECs (including a LEC and CLEC). The POI is that point where the exchange of traffic
takes place.
"Point of Presence" or "POP" means the Point of Presence of an lXC.
"Port" means a line or trunk connection point, including a line card and associated peripheral
equipment, on a Centra! Office Switch but does not include Switch features. The Port serves as
the hardware termination for line or Trunk Side facilities connected to the Central Office Switch.
Each Line Side Port is typically associated with one or more telephone numbers that serve as the
Customer's network address.
"POTS" means plain old telephone service.
"Premises" refers to CenturyLink's Central Offtces and Serving Wire Centers; all buildings or
similar structures owned, leased, or otherwise controlled by CenturyLink that house its network
facilities; all structures that house CenturyLink facilities on public rights-of-way, including but not
limited to vaults containing Loop Concentrators or similar structures; and a!! land owned, leased,
or otherwise controlled by CenturyLink that is adjacent to these Central Offices, Wire Centers,
buildings and structures.
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Section 4
Definitions
"Product Catalog" or "PCAT" is a CenturyLink document that provides information needed to
request services available under this Agreement. CenturyLink agrees that CLEC shall not be held
to the requirements of the PCAT. The PCAT is available on CenturyLink's web site:
http://www. centu ryli n k. com/wholes alel pcatl
"Proprietary lnformation" shall have the same meaning as Confidential lnformation.
'Provider Subscribe/ means a third party retai! customer that subscribes to a service provided by
a Provider.
"Provisioning" involves the exchange of information between Telecommunications Carriers where
one executes a request for a set of products and services from the other with attendant
acknowledgments and status reports.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, lXCs and CMRS providers that use the
NANP in connection with the provision of switched services.
"Rate Center" identifies 1) the specific geographic point identified by specific vertical and
horizontal (V&H) coordinates, which are used to measure distance sensitive End User Customer
traffic to/from the particular NPA-NXX designations with the specific Rate Center, and 2) the
corresponding geographic area which is associated with one or more particular NPA-NXX codes
which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Remote Switch" means a switch that directly terminates traffic to and receives traffic from End
Users of local Telephone Exchange Services, but does not have the fullfeatures, functions and
capabilities of an End Office Switch. Such features, functions, and capabilities are provided to a
Remote Switch via an intraswitch umbilicalfrom a host End Office.
"Service Date" or "SD" means the date service is made available to the End User Customer. This
also is refened to as the "Due Date."
"Serving Wire Center" denotes the CenturyLink building from which dia! tone for local Exchange
Service would normally be provided to a particular End User Customer premises.
"Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than cal! setup between signaling
points;
3) lntegrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
4) Transaction Capabilities Application Part (ICAP), which provides for transfer of
non-ci rcuit related information between signaling points.
"Stand-Alone Test Environment" or "SATE" shall have the meaning set forth in Section 12.2.9.3.2
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Section 4
Definitions
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switches, and Packet Switches. Switches may be employed as a combination
of End Office/Tandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
lnterexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
access, and 900 access and their successors or similar Switched Access Services.
"Switched Access Traffic" is traffic that originates at one of the Party's End User Customers and
terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates
at one of the Party's End User Customers, whether or not the traffic transits the other Party's
network.
"Synchronous Optical Network" or "SONET" is a TDM-based (time division multiplexing) standard
for high-speed fiber optic transmission formulated by the Exchange Carriers Standards
Association (ECSA) for the American National Standards lnstitute ('ANSI").
"Tariff' as used throughout this Agreement refers to CenturyLink interstate Tariffs and state
Tariffs, price lists, and price schedules.
"Technically Feasible" lnterconnection at a point in the network shall be deemed Technically
Feasible absent technical or operationa! concerns that prevent the fulfillment of a request by a
Telecommunications Carrier for such lnterconnection, access, or methods. A determination of
technica! feasibility does not include consideration of economic, accounting, Billing, space, or site
concerns, except that space and site concems may be considered in circumstances where there
is no possibility of expanding the space available. The fact that an incumbent LEC must modify
its facilities or equipment to respond to such request does not determine whether satisfying such
request is Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request
because of adverse network reliability impacts must prove to the Commission by clear and
convincing evidence that such lnterconnection, access, or methods would result in specific and
sig n ificant adverse network reliability im pacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrief' means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shal! determine whether the provision of fixed and
mobile satellite service shal! be treated as common carriage.
"Telecommunications Equipment" means equipment, other than Customer Premises Equipment,
used by a Carrier to provide Telecommunications Services, and include software integralto such
equipment, including upgrades.
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Section 4
Definitions
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilities used.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish to
End User Customers intercommunicating service of the character ordinarily furnished by a single
exchange, and which is covered by the Exchange Service charge, or comparable service provided
through a system of Switches, transmission equipment or otherfacilities (or combinations thereof)
by which a subscriber can originate and terminate a Telecommunications Service.
"To!! Free Service" means service provided with any dialing sequence that invokes Toll Free, i.e.,
800-like, service processing. Toll Free Service currently includes calls to the Toll Free Service
800/888/8771866 NPA SAC codes.
"Tol! VolP-PSTN Traffic" is VolP-PSTN Traffic that physically originates and terminates in different
Local Calling Areas as determined by the Commission.
"Transit Service" is any traffic that originates from one (1) Telecommunications Carrier's network
and/or its end user(s), transits another Telecommunications Carrie/s network, and terminates to
yet another Telecommunications Carrier's network and/or its end use(s).
"Trouble lsolation Charge" - see "Maintenance of Service."
"Trunk Side" refers to Switch connections that have been programmed to treat the circuit as
connected to another switching entity.
'VNXX Traffic' is all traffic originated by a Party's End User Customer and dialed with a local
dialing pattem that is not terminated to the other Party's End User Customer physically located
within the same CenturyLink Local Calling Area (as approved by the state Commission) as the
originating caller, regardless of the NPA-NXX dialed. VNXX does not include originating 8XX
traffic.
"VolP-PSTN Traffic" includes any traffic previously referred to in the Agreement as "VolP" or "VolP
Traffic" or "lP Enabled Voice Traffic', and is defined as traffic which is exchanged between a
CenturyLink end user and the CLEC end user in Time Division Multiplexing ('TDM") format that
originates and/or terminates in lnternet Protocol ("!P") format, as determined in the Order, and
terminates to a Party's End User Customer.
'Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities CLEC or CenturyLink or their
respective contractors or agents perform at Work Locations. !t shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by products), except for substances and materials that CLEC,
CenturyLink or their respective contractors or agents intend to use in their original form in
connection with similar activities, are Waste. Waste shall not include substances, materials or
components incorporated into structures (such as cable routes) even after such components or
structures are no longer in current use.
"Work Locations" means any real estate that CLEC or CenturyLink, as appropriate, owns, leases
or licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
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Sedion 4
Definitions
Terms not otherwise defined here but defined in the Act and the orders and the rules implementing
the Act, shall have the meaning defined there. The definition of termsfiat are included here and
are also defined in the Act, or its implementing orders or rules, are intended to include the
definition as set forth in the Act and the rules implementing the Act.
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Section 5
Terms and Conditions
Section 5.0 - TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 I ntentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
nationa! network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither Party shall use any service related to or use any of the services provided
in this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. ln addition, neither Party's provision of
or use of services shall interfere with the services related to or provided under this Agreement.
5.1.3.1 lf such impairment is material and poses an immediate threat to the safety
of either Party's employees, Customers or the public or poses an immediate threat of a
service interruption, that Party shall provide immediate notice by emailto the other Pafi's
designated representative(s) for the purposes of receiving such notification. Such notice
shall include 1) identification of the impairment (including the basis for identifying the other
Party's facilities as the cause of the impairment), 2) date and location of the impairment,
and 3) the proposed remedy for such impairment for any affected service. Either Party
may discontinue the specific service that violates the provision or refuse to provide the
same type of service if it reasonably appears that the particular service would cause similar
harm, untilthe violation of this provision has been corrected to the reasonable satisfaction
of that Party and the service shall be reinstituted as soon as reasonably possible. The
Parties shallwork cooperatively and in good faith to resolve their differences. In the event
either Par$ disputes any action that the other Party seeks to take or has taken pursuant
to this provision, that Party may pursue immediate resolution by expedited or other Dispute
Resolution.
5.1.3.2 lf the impairment is service impacting but does not meet the parameters
set forth in Section 5.1.3.1, such as low Ievel noise or other interference, the other Party
shall provide written notice within five (5) Days of such impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1 . The Parties shal!
work cooperatively and in good faith to resolve their differences. !f the impairment has not
been corrected or cannot be corrected within five (5) business days of receipt of the notice
of non-compliance, the other Party may pursue immediate resolution by expedited or other
Dispute Resolution.
5.1.3.3 lf either Party causes non-service impacting impairment the other Party
shall provide written notice within fifteen (15) Days of the impairment to the other Party
and such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shallwork cooperatively and in good faith to resolve their differences. !f either Pafi fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Party fails to take all appropriate steps to correct as soon
as reasonably possible, the other Party may pursue immediate resolution by expedited or
other Dispute Resolution.
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Section 5
Terms and Conditions
5.1.3.4 lt is the responsibility of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Party for its failure to perform under this Agreement.
5.1.5 The Parties sha!! work cooperatively to minimize fraud associated with third-
number billed calls, calling card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing,
CenturyLink shall not assess any charges against CLEC for services, facilities, ancillary services
and other related work or services covered by this Agreement, unless the charges are expressly
provided for in this Agreement. All services and capabilities currently provided hereunder
(including ancillary services) and all new and additional services to be provided hereunder, shall
be priced in accordance with all applicable provisions of the Act and the rules and orders of the
Federal Communications Commission and orders of the Commission.
5.2 Term of Agreement
5.2.1 This Agreement shal! become effective on the date of Commission Approval
("Effeclive Date"); however the Parties may agree to implement the provisions of this Agreement
upon execution. This Agreement shall be binding upon the Parties for a term of three (3) years.
This Agreement will terminate on the date a successor agreement is approved by the
Commission.
5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in full
force and effect untilsuperseded by a successor agreement in accordance with this Section 5.2.2.
Any Party may request negotiation of a successor agreement by written notice to the other Party
no earlier than one hundred sixty (160) Days prior to the expiration of the term, or the Agreement
shall renew on a month to month basis. The date of this notice will be the starting point for the
negotiation window under Section 252 of the Act. This Agreement will terminate on the date a
successor agreement is approved by the Commission. However, nothing relieves CLEC from
fulfilling the obligations incurred under the prior Agreement.
5.3 lntentionally Left Blank
5.4 Payment
5.4.1 Amounts payable under this Agreement are due and payable within thirty (30)
Days after the date of invoice (Payment Due Date). !f a Payment Due Date falls on a Sunday, or
on a holiday which is observed on a Monday, the payment date shall be the first non-holiday day
following such Sunday or holiday. !f a Payment Due Date falls on a Saturday or on a holiday
which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date sha!! be the
last non-holiday day preceding such Saturday or holiday. For invoices distributed electronically,
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the date of invoice date is the same as if the invoice were billed on paper, not the date the
electronic delivery occurs. lf either Party fails to make payment on or before the Payment Due
Date, the other Party may invoke all available rights and remedies.
5.4.2 One Party may discontinue processing orders for the failure of the other Party to
make full payment for the services, Iess any good faith disputed amount as provided for in Section
5.4.4 of this Agreement, for the services provided under this Agreement within thirty (30) Days
following the payment due date provided the Billing Party has notified the other Party in writing at
least ten (10) business days prior to discontinuing the processing of orders for services. lf the
Billing Party does not refuse to accept additional orders for the services on the date specified in
the ten (10) business days' notice, and the other Party's non-compliance continues, nothing
contained herein shall preclude the Billing Party's right to refuse to accept additional orders for
the services from the non-complying Party withoutfurther notice. For order processing to resume,
the billed Party will be required to make ful! payment of all charges for the services not disputed
in good faith under this Agreement. Additionally, the Billing Party may require a deposit (or
additiona! deposit) from the billed Party, pursuant to this section. ln addition to other remedies
that may be available at law or equity, the billed Par$ reserves the right to seek equitable relief,
including injunctive relief and specific performance.
5.4.3 The Billing Party may disconnect services for failure by the billed Par$ to make fu!!
payment, less any good faith disputed amount as provided for in Section 5.4.4 of this Agreement,
for the services provided under this Agreement within sixty (60) Days following the payment due
date. The billed Pafi will pay the applicable reconnect charge set forth in Exhibit A required to
reconnect each service disconnected pursuant to this paragraph. The Billing Party wil! notify the
billed Party at least ten (10) business days priorto disconnection of the service(s). ln case of
such disconnection, all applicable undisputed charges, including termination charges, shall
become due. lf the Billing Party does not disconnect the billed Party's service(s) on the date
specified in the ten (10) business days notice, and the billed Party's noncompliance continues,
nothing contained herein shall preclude the Billing Party's right to disconnect services of the non-
complying Party without further notice. For reconnection of the services to occur, the billed Pafi
will be required to make full payment of a!! past and current undisputed charges under this
Agreement for the services. Additionally, the Billing Party will request a deposit (or recalculate
the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to this Section.
lf the billed Pafi is a new CLEC customer of CenturyLink, the application of this provision will be
suspended for the initial three (3) Billing cycles of this Agreement and wil! not apply to amounts
billed during those three (3) cycles. ln addition to other remedies that may be available at law or
equity, each Party reserves the right to seek equitable relief, including injunctive relief and specific
performance.
5.4.4 Should CLEC or CenturyLink dispute, in good faith, any portion of the charges
under this Agreement, the Parties will notify each other in writing within fifteen (15) Days following
the payment due date identifying the amount, reason and rationale of such dispute. At a minimum,
CLEC and CenturyLink shallpay allundisputed amounts due. Both CLEC and CenturyLink agree
to expedite the investigation of any disputed amounts, promptly provide reasonably requested
documentation regarding the amount disputed, and work in good faith in an effort to resolve and
settle the dispute through informal means prior to invoking any other rights or remedies.
5.4.4.1 lf a Party disputes charges and does not pay such charges by the payment
due date, such charges may be subject to late payment charges. !f the disputed charges
have been withheld and the dispute is resolved in favor of the Billing Party, the withholding
Party shall pay the disputed amount and applicable late payment charges no later than
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the next Bill Date following the resolution. lf the disputed charges have been withheld and
the dispute is resolved in favor of the disputing Party, the Billing Party shall credit the bill
of the disputing Party for the amount of the disputed charges and any late payment
charges that have been assessed no later than the second Bill Date after the resolution of
the dispute. lf a Party pays the disputed charges and the dispute is resolved in favor of
the Billing Party, no further action is required.
5.4.4.2 lf a Party pays the disputed charges and the dispute is resolved in favor of
the Billing Party, no further action is required. !f a Party pays the charges disputed at the
time of payment or at any time thereafter pursuant to Section 5.4.4.3, and the dispute is
resolved in favor of the disputing Party, the Billing Party will adjust the Billing, usually within
two (2) Billing cycles, after the resolution of the dispute, as follows:
(1) The Billing Party will credit the Billed Party's bill for the disputed amount and
any associated interest; or
(2) lf the disputed amount is greater than the bil! to be credited, pay the remaining
amount to the Billed Party.
(3) The interest calculated on the disputed amounts will be the same rate as late
payment charges. In no event, however, will any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 !f the Billed Party fails to dispute a rate or charge within sixty (60) Days
following the invoice date on which the rate or charge appeared, adjustment will be made
on a going-forward basis only, beginning with the date of the dispute.
5.4.5. CenturyLink reserves the right to secure the account at any time with a suitable
security deposit in the form and amounts set forth herein. lf payment of the security deposit is
not made within thirly (30) Days of the request, Carrier will be considered in material breach of
the Agreement and CenturyLink may stop processing orders for service.
5.4.6. ln the event of a materia! change in CLEC's financial condition subsequent to the
Effective Date of thisAgreement, CenturyLink may request a security deposit. A "material change
in financial condition" means CLEC is a new CLEC with no established credit history, or is a CLEC
that has not established satisfactory credit with CenturyLink, or the Party is repeatedly delinquent
in making its payments, or is being reconnected after a disconnection of Service or discontinuance
of the processing of orders by CenturyLink due to a previous failure to pay undisputed charges in
a timely manner. CenturyLink may require a deposit to be held as security for the payment of
charges before the orders from 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.
5.4.7. The deposit amount may not exceed the estimate total monthly charges for a two
(2) month period based upon recent or projected Billing. The deposit may be adjusted by 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 acceptable
to CenturyLink, or some other form of mutually acceptable security such as a cash deposit.
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Required deposits are due and payable within thirly (30) Days after demand. Non-payment is
subject to Sections 5.4.2 and 5.4.3 of this Agreement.
5.4.8 CenturyLink may exercise its right to credit any cash deposit to 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:
5.4.8.1. when CLEC's undisputed balances due to CenturyLink are more than thirty
(30) Days past due; and/or
5.4.8.2. to the extent permitted by Applicable Laws, when CLEC files for protection
under the bankruptcy laws; and/or
5.4.8.3. to the extent permitted by Applicable Laws, when an involuntary petition in
bankruptcy is filed against CLEC and is not dismissed within sixty (60) Days; and/or
5.4.8.4. when this Agreement expires or terminates.
5.4.9 lf any security deposit held by CenturyLink is applied as a credit toward payment
of 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.
5.4.10 lnterest will be paid on cash deposits at the rate applying to deposits under
applicable Commission regulations. Cash deposits and accrued interest will be credited
to CLEC's account or refunded, as appropriate, upon the earlier of the expiration of the
term of the Agreement or the establishment of satisfactory credit with CenturyLink, which
will generally be one full year of timely payments of undisputed amounts in full by
CLEC. Upon a materialchange in financialstanding, 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.
5.4.11 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.
5.4.12 The late payment charge for amounts that are billed under this Agreement shall be
in accordance with Commission requirements.
5.4.13 CLEC shall be responsible for notifying its End User Customers of any pending
disconnection of a service by CLEC, if necessary, to allow those End User Customers to make
other arrangements for such services.
5.5 Taxes
5.5.1 Any federal, state, or localsales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by the
Party upon which the obligation for payment is imposed under Applicable Law, even if the
obligation to collect and remit such taxes is placed upon the other Party. However, where the
selling Party is permitted by law to collect such taxes, fees or surcharges, from the purchasing
Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services. Each
Party is responsible for any tax on its corporate existence, status or income. Whenever possible,
these amounts shall be billed as a separate item on the invoice. To the extent a sale is claimed
to be for resale tax exemption, the purchasing Party shall furnish the providing Party a proper
resale tax exemption certificate as authorized or required by statute or regulation by the
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jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption
certificate is provided, no exemptions will be applied. lf either Party (the Contesting Party)
contests the application of any tax collected by the other Pafi (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Par$'s challenge,
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
5.6 lnsurance
5.6.1 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 wi!! be from a company, or companies, with an
A.M. Best's rating of A-Vll 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 will require its
subcontractors to maintain proper insurance applicable to the type and scope of work to be
performed under this Agreement.
5.6.1.1 Commercial General Liability with limits of not less than $1,000,000 per
occurrence and $2,000,000 aggregate for bodily injury, property damage and personal
and advertising injury liability insurance to include coverage for contractual and
prod ucts/completed operations liability;
5.6.1.2 Business Auto liabili$, 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;
5.6.1.3 Workers Compensation with statutory limits applicable in each state where
the services are performed including Employer's Liability with limits of not less than
$1,000,000 per accident or disease; and
5.6.1.4 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
5.6.2 Each Party shall list the other Party, its affiliates, subsidiaries, and parent, as well
as the officers, directors, employees and agents of all such entities as additional insureds on the
policies described in subsections 5.6.1.1, 5.6.1 .2 and 5.6.1.4 above. The coverage described in
5.6.1.1 sha!! be primary and not contributory to insurance which may be maintained by the other
Party subject to Section 5.9 of this Agreement. Prior to commencement of services under this
Agreement, each Party will make available to the other Party evidence of the insurance required
herein. CenturyLink's evidence of insurance is available at www.centurvlink.com/moi.
5.7 Force Majeure
5.7.1 Neither Party shall be liable for any delay or failure in performance of any part of
this Agreement from any cause beyond its control and without its fault or negligence including,
without limitation, acts of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
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disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
lnability to secure products or services of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure Events to the extent any
delay or failure in performance caused by these circumstances is beyond the Party's control and
without that Party's fault or negligence. The Party affected by a Force Majeure Event shall give
prompt notice to the other Party, shall be excused from performance of its obligations hereunder
on a day to day basis to the extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable efforts to remove or mitigate the Force Majeure Event. !n the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent to
the levelthey provide themselves.
5.8 Limitation of Liability
5.8.1 Each Party's liability to the other Party for any loss relating to or arising out of any
act or omission in its performance under this Agreement, whether in contract, warranty, strict
liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Payments pursuant to the PAP
shall not be counted against the limit provided for in this Section.
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost savings
suffered by the other Party regardless of the form of action, whether in contract, warranty, strict
liability, tort, including (without limitation) negligence of any kind and regardless of whether the
Parties know the possibility that such damages could result. lf the Parties enter into a
Performance Assurance Plan under this Agreement, nothing in this Section 5.8.2 shall limit
amounts due and owing under any Performance Assurance Plan.
5.8.3 I ntentionally Left Blank.
5.8.4 Nothing contained in this Section shall limit either Party's liability to the other for (i)
willful or intentional misconduct or (ii) damage to tangible real or personal property proximately
caused solely by such Party's negligent act or omission or that of their respective agents,
subcontractors, or employees.
5.8.5 Nothing contained in this Section 5.8 sha!! limit either Party's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's Iiability for
failing to make any payment due under this Agreement.
5.9 lndemnity
5.9.1 The Parties agree that unless otherwise specifically set forth in this Agreement the
following constitute the sole indemnification obligations between and among the Parties:
5.9.1.1 Each of the Parties agrees to release, indemnify, defend and hold harmless
the other Party and each of its officers, directors, employees and agents (each an
lndemnitee) from and against and in respect of any loss, debt, liability, damage, obligation,
claim, demand, judgment or settlement of any nature or kind, known or unknown,
liquidated or unliquidated including, but not limited to, reasonable costs and expenses
(including attorneys'fees), whether suffered, made, instituted, or asserted by any Person
or entity, for invasion of privacy, bodily injury or death of any Person or Persons, or for
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loss, damage to, or destruction of tangible property, whether or not owned by others,
resulting from the lndemnifying Par$'s breach of or failure to perform under this
Agreement, regardless of the form of action, whether in contract, warranty, strict liability,
or tort including (without limitation) negligence of any kind.
5.9.1.2 !n the case of claims or loss alleged or incurred by an End User Customer
of either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Pafi whose End User Customer alleged or incurred such
claims or loss (the lndemnifying Party) shall defend and indemnify the other Party and
each of its officers, directors, employees and agents (collectively the lndemnified Party)
against any and all such claims or loss by the lndemnifoing Party's End User Customers
regardless of whether the underlying service was provided by the lndemnified Party,
unless the loss was caused by the willful misconduct of the Indemnified Party. The
obligation to indemniff with respect to claims of the lndemnifying Party's End User
Customers shall not extend to any claims for physical bodily injury or death of any Person
or persons, or for loss, damage to, or destruction of tangible property, whether or not
owned by others, alleged to have resulted directly from the negligence or intentional
conduct of the employees, contractors, agents, or other representatives of the Indemnified
Party.
The indemnification provided herein shall be conditioned upon:
5.9.2.1 The lndemnified Party shall promptly notify the lndemnifying Party of any
action taken against the lndemnified Par$ relating to the indemnification. Failure to so
notify the lndemnifying Party shall not relieve the lndemnifying Party of any liability that
the lndemnifying Party might have, except to the extent that such failure prejudices the
lndemnifoing Party's ability to defend such claim.
5.9.2.2 lf the lndemnifying Party wishes to defend against such action, it shall give
written notice to the lndemnified Party of acceptance of the defense of such action. !n
such event, the lndemnifying Party shal! have sole authority to defend any such action,
including the selection of legal counsel, and the lndemnified Party may engage separate
lega! counsel only at its sole cost and expense. ln the event that the lndemnifying Party
does not accept the defense of the action, the lndemnified Party shall have the right to
employ counsel for such defense at the expense of the Indemnifying Party. Each Party
agrees to cooperate with the other Party in the defense of any such action and the relevant
records of each Party shall be available to the other Party with respect to any such
defense.
5.9.2.3 ln no event shall the lndemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the lndemnified Pafi. ln
the event the lndemnified Party withholds consent, the !ndemnified Party may, at its cost,
take over such defense, provided that, in such event, the lndemniffing Party shall not be
responsible for, nor shall it be obligated to indemnify the relevant lndemnified Party
against, any cost or liability in excess of such refused compromise or settlement.
5.10 lntellectual Property
5.10.1 Except for a license to use any facilities or equipment (including software) solely
for the purposes of this Agreement or to receive any service solely (a) as provided in this
Agreement or (b) as specifically required by the then-applicable federal and state rules and
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regulations relating to lnterconnection and access to Telecommunications facilities and services,
nothing contained within this Agreement shall be construed as the grant of a license, either
express or implied, with respect to any patent, copyright, trade name, trade mark, service mark,
trade secret, or other proprietary interest or intellectual property, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the grant
to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Pafi (the lndemnifying Party) shall indemnify and
hold the other Party (the lndemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the lndemnifying Party or services
provided by the lndemnifying Party provided or used pursuant to the terms of this Agreement
misappropriates or otherwise violates the intellectual property rights of any third party. ln addition
to being subject to the provisions of Section 5.9.2, the obligation for indemnification recited in this
paragraph shal! not extend to infringement which results from (a) any combination of the facilities
or services of the !ndemnifying Party with facilities or services of any other Person (including the
lndemnified Party but excluding the lndemniffing Party and any of its Affiliates), which
combination is not made by or at the direction of the lndemnifying Party or (b) any modification
made to the facilities or services of the lndemnifying Party by, on behalf of or at the request of the
lndemnified Party and not required by the lndemnifying Party. ln the event of any claim, the
!ndemnifying Party may, at its sole option (a) obtain the right for the lndemnified Party to continue
to use the facility or service; or (b) replace or modify the facility or service to make such facility or
service non-infringing. lf the !ndemnifying Party is not reasonably able to obtain the right for
continued use or to replace or modify the facility or service as provided in the preceding sentence
and either (a) the facility or service is held to be infringing by a court of competent jurisdiction or
(b) the lndemnifying Party reasonably believes that the facility or service will be held to infringe,
the lndemnifying Party shall notify the lndemnified Party and the Parties shall negotiate in good
faith regarding reasonable modifications to this Agreement necessary to (1) mitigate damage or
comply with an injunction which may result from such infringement or (2) allow cessation of further
infringement. The lndemnifying Party may request that the lndemnified Party take steps to
mitigate damages resulting from the infringement or alleged infringement including, but not limited
to, accepting modlfications to the facilities or services, and such request shall not be unreasonably
denied.
5.10.3 To the extent required under applicable federal and state law, CenturyLink shall
use its best efforts to obtain, from its vendors who have licensed intellectual property rights to
CenturyLink in connection with facilities and services provided hereunder, licenses under such
intellectual property rights as necessary for CLEC to use such facilities and services as
contemplated hereunder and at least in the same manner used by CenturyLink for the facilities
and services provided hereunder. CenturyLink shall notify CLEC immediately in the event that
CenturyLink believes it has used its best efforts to obtain such rights, but has been unsuccessful
in obtaining such rights.
5.10.3.1 CenturyLink covenants that it will not enter into any licensing agreements
with respect to any CenturyLink facilities, equipment or services, including software, that
contain provisions that would disqualify CLEC from using or interconnecting with such
facilities, equipment or services, including software, pursuant to the terms of this
Agreement. CenturyLink warrants and further covenants that it has not and will not
knowingly modify any existing license agreements for any network facilities, equipment or
services, including software, in whole or in part for the purpose of disqualifying CLEC from
using or interconnecting with such facilities, equipment or services, including software,
pursuant to the terms of this Agreement. To the extent that providers of facilities,
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equipment, services or soft\rare in CenturyLink's network provide CenturyLink with
indemnities covering intellectual property liabilities and those indemnities allow a flow-
through of protection to third parties, CenturyLink shall flow those indemnity protections
through to CLEC.
5.10.4 Except as expressly provided in this lntellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect to
any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual property
right now or hereafter owned, controlled or licensable by either Party. Neither Party may use any
patent, copyright, logo, trademark, trade name, trade secret or other intellectua! property rights of
the other Party or its Affiliates without execution of a separate agreement between the Parties.
5.10.5 Neither Party shall without the express written permission of the other Party, state
or imply that 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is part
of a joint business association or any similar arrangement with the other or its Affiliates; 3) the
other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods
and services; or 4) with respect to its marketing, advertising or promotional activities or materials
and services are in any way associated with or originated from the other or any of its Affiliates.
5.10.6 CenturyLink and CLEC each recognize that nothing contained in this Agreement
is intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
other and is not assignable. Neither Party wil! do anything inconsistent with the other's ownership
of their respective Marks, and all rights, if any, that may be acquired by use of the Marks shall
inure to the benefit of their respective Owners. The Parties shall comply with all Applicable Law
governing Marks worldwide and neither Party wi!! infringe the Marks of the other.
5.10.7 lntentionally Left Blank
5.11 Warranties
5,11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTAB]L]TY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL
FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise)
this Agreement (or any rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affiliate or an entity under its common control; without the consent
of the other Party, provided that the performance of this Agreement by any such assignee is
guaranteed by the assignor. Any attempted assignment or transfer that is not permitted is void
ab initio. Without limiting the generality of the foregoing, this Agreement shall be binding upon
and shal! inure to the benefit of the Parties' respective successors and assigns.
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5.12.2 ln the event that CenturyLink transfers to any unaffiliated party exchanges
including End User Customers that CLEC serves in whole or in part through facilities or services
provided by CenturyLink under this Agreement, the transferee shall be deemed a successor to
CenturyLink's responsibilities hereunder for a period of ninety (90) Days from notice to CLEC of
such transfer or until such later time as the Commission may direct pursuant to the Commission's
then applicable statutory authority to impose such responsibilities either as a condition of the
transfer or under such other state statutory authority as may give it such power. ln the event of
such a proposed transfer, CenturyLink shall use its best efforts to facilitate discussions between
CLEC and the transferee with respect to transferee's assumption of CenturyLink's obligations
pursuant to the terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict CLEC's rights to opt into
interconnection agreements under Section 252(i) of the Act and 47 C.F.R. S 51.809.
5.13 Default
5.13.1 lf either Party defaults in the payment of any amount due hereunder, or if either
Party violates any other material provision of this Agreement, and such default or violation shall
continue for thirty (30) Days after written notice thereof, the other Party may seek relief in
accordance with the Dispute Resolution provision of this Agreement. The failure of either Party
to enforce any of the provisions of this Agreement or the waiver thereof in any instance shall not
be construed as a general waiver or relinquishment on its part of any such provision, but the same
shall, nevertheless, be and remain in fullforce and effect.
5.14 Disclaimer of Agency
5.14.1 Except for provisions herein expressly authorizing a Party to act for another,
nothing in this Agreement shall constitute a Party as a legal representative or agent of the other
Party, nor shal! a Party have the right or authority to assume, create or incur any liabillty or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractua!, or to assume any responsibility for the management of the
other Party's business.
5.15 Severability
5.15.1 ln the event that any one or more of the provisions contained herein shall for any
reason be held to be unenforceable or invalid in any respect under law or regulation, the Parties
will negotiate in good faith for replacement language as set forth herein. !f any part of this
Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability
will affect only the portion of this Agreement which is invalid or unenforceable. ln all other
respects, this Agreement will stand as if such invalid or unenforceable provision had not been a
part hereof, and the remainder of this Agreement shall remain in fullforce and effect.
5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, magnetic tapes, drawings, sketches, models, samples, tools, technical
information, data, employee records, maps, financial reports, and market data, (i) furnished by
one Party to the other Party dealing with business or marketing plans, End User Customer
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specific, facility specific, or usage specific information, other than End User Customer information
communicated for the purpose of providing Directory Assistance or publication of directory
database, or (ii) in written, graphic, electromagnetic, or othertangible form and marked atthe time
of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to the receiving
Party at the time of delivery, or by written notice given to the receiving Party within ten (10) Days
after delivery, to be "Confidentia!" or "Proprietary" (collectively referred to as "Proprietary
lnformation"), shall remain the propefi of the disclosing Party. A Party who receives Proprietary
lnformation via an oral communication may request written confirmation that the material is
Proprietary lnformation. A Party who delivers Proprietary lnformation via an oral communication
may request written confirmation that the Party receiving the information understands that the
material is Proprietary !nformation. Each Party sha!! have the rightto correct an inadvertentfailure
to identify information as Proprietary lnformation by giving written notification within thirty (30)
Days after the information is disclosed. The receiving Party shallfrom that time fonryard, treat
such information as Proprietary lnformation. To the extent permitted by Applicable Law, either
Party may disclose to the other proprietary or confidential customer, technical or business
information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return al! tangible
copies of Proprietary lnformation, whether written, graphic or otherwise, except that the receiving
Party may retain one copy for archiva! purposes.
5.16.3 Each Party shall keep all of the other Party's Proprietary lnformation confidential
and will disclose it on a need to know basis only. Each Party shall usethe other Party's Proprietary
lnformation only in connection with this Agreement and in accordance with Applicable Law,
including but not limited to, 47 U.S.C. S 222. ln accordance with Section 222 of the Act, when
either Party receives or obtains Proprietary lnformation from the other Party for purposes of
providing any Telecommunications Services, that Party shal! use such information only for such
purpose, and shall not use such information for its own marketing efforts. Neither Party shall use
the other Party's Proprietary lnformation for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. Violations of these obligations
shall subject a Party's employees to disciplinary action up to and including termination of
employment. lf either Party loses, or makes an unauthorized disclosure of, the other Party's
Proprietary lnformation, it will notiff such other Party immediately and use reasonable efforts to
retrieve the information.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use setforth in
this Agreement do not apply to such Proprietary lnformation as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidentia! evidenced by written records prepared prior to delivery by
the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving Party; or
c) is rightfully received from a third Person having no direct or indirect secrecy or
confidentiality obligation to the disclosing Party with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the receiving
Party which individual is not involved in any manner with the provision of services pursuant
to the Agreement and does not have any direct or indirect access to the Proprietary
lnformation; or
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e) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person's rights; or
D is approved for release by written authorization of the disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Pafi shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Party from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
agencies including the FederalCommunications Commission and the Commission so long as any
confidential obligation is protected. ln addition either Pafi shall have the right to disclose
Proprietary lnformation to any mediator, arbitrator, state or federal regulatory body, the
Department of Justice or any court in the conduct of any proceeding arising under or relating in
any way to this Agreement or the conduct of either Party in connection with this Agreement,
including without limitation the approval of this Agreement, or in any proceedings concerning the
provision of lnterLATA seruices by CenturyLink that are or may be required by the Act. The
Parties agree to cooperate with each other in order to seek appropriate protection or treatment of
such Proprietary !nformation pursuant to an appropriate protective order in any such proceeding.
5.16.6 Effective Date of this Section. Notwithstanding any other provision of this
Agreement, the Proprietary lnformation provisions of this Agreement shall apply to all information
furnished by either Party to the other in furtherance of the purpose of this Agreement, even if
furnished before the Effective Date.
5.16.7 Each Party agrees that the disclosing Party could be irreparably injured by a
breach of the confidentiality obligations of this Agreement by the receiving Party or its
representatives and that the disclosing Party shall be entitled to seek equitable relief, including
injunctive relief and specific performance in the event of any breach of the confidentiality
provisions of this Agreement. Such remedies shal! not be deemed to be the exclusive remedies
for a breach of the confidentiality provisions of this Agreement, but sha!! be in addition to al! other
remedies available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Party's rights with respect to
its own Proprietary lnformation or its obligations with respect to the other Party's Proprietary
!nformation under Section 222 of the Acl..
5.16.9 Forecasts provided by either Party to the other Party shall be deemed Confidential
lnformation and the Parties may not distribute, disclose or reveal, in any form, this materia! other
than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, CLEC individua!
forecasts and forecasting information disclosed by CenturyLink, to CenturyLink's legal
personne! in connection with their representation of CenturyLink in any dispute regarding
the quality or timeliness of the forecast as it relates to any reason for which CLEC provided
it to CenturyLink under this Agreement, as well as to CLEC's wholesale account
managers, wholesale LIS product managers, network and growth planning personnel
responsible for preparing or responding to such forecasts or forecasting information. ln
no case shal! retail marketing, sales or strategic planning have access to this forecasting
information. The Parties will inform all of the aforementioned personnel with access to
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such Confidential lnformation, of its confidentia! nature and will require personnel to
execute a nondisclosure agreement which states that, upon threat of termination, the
aforementioned personnel may not reveal or discuss such information with those not
authorized to receive it except as specifically authorized by law. Violations of these
requirements shall subject the personnel to disciplinary action up to and including
termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, CenturyLink may
provide the forecast information that CLEC has made available to CenturyLink
under this Agreement, provided that CenturyLink shall first initiate any procedures
necessary to protect the confidentiality and to prevent the public release of the
information pending any applicable Commission procedures and further provided
that CenturyLink provides such notice as the Commission directs to CLEC
involved, in order to allow it to prosecute such procedures to their completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure
files and locations such that access to the forecasts is limited to the personneldesignated
in subsection 5.16.9.1 above and such that no other personnel have computer access to
such information.
5.17 Survival
5.17.1 Any liabilities or obligations of a Par$ for acts or omissions prior to the termination
of this Agreement, and any obligation of a Party under the provisions regarding indemnification,
Confidential or Proprietary lnformation, limitations of liability, and any other provisions of this
Agreement which, by their terms, are contemplated to survive (or to be performed after)
termination of this Agreement, shal! survive cancellation or termination hereof.
5.18 DisputeResolution
5.18.'t The Parties wi!! attempt in good faith to resolve through negotiation any dispute,
claim or controversy arising out of, or relating to, thls Agreement. Either Party may give written
notice to the other Party of any dispute not resolved in the normal course of business. Each Party
will within seven (7) Days after delivery of the written notice of dispute, designate a vice-president
level employee or a representative with authority to make commitments to review, meet, and
negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be
conducted by non-lawyer, business representatives, and the locations, format, frequency,
duration, and conclusions of these discussions wil! be at the discretion of the representatives. By
mutua! agreement, the representatives may use other procedures to assist in these negotiations.
The discussions and correspondence among the representatives for the purposes of these
negotiations will be treated as Confidential lnformation (Confidential lnformation) developed for
purposes of settlement, and will be exempt from discovery and production, and not be admissible
in any subsequent proceedings without the concurrence of both Parties.
5.18.2 lf the designated representatives have not reached a resolution of the dispute
within fifteen (15) Days after the written notice (or such longer period as agreed to in writing by
the Parties), then either Party may commence an action which will be brought before the
Commission or the FCC. If the claims are not within the jurisdiction or the scope of the statutory
authority of the Commission or the FCC, or if the Party commencing the action seeks a judgment
for money damages, including, but not limited to, payment of amounts billed, any action will be
brought in the United States District Court for the District of Colorado if it has subject matter
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jurisdiction over the action, and if not, in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personaljurisdiction over them.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by !aw,
knowingly, voluntarily, and intentionally waives its right to a tria! by jury and any right to pursue
any claim or action arising out of or relating to this Agreement on a class or consolidated basis or
in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuantto Section 5.4.4, regardless
of the form, arising out of or relating to this Agreement, may be brought by either Par$ more than
two (2) years after the cause of action arises.
5.19 Controlling Law
5.19.1 This Agreement is offered by CenturyLink and accepted by CLEC in accordance
with applicable federal law and the state law of ldaho. lt sha!! be interpreted solely in accordance
with applicable federal law and the state law of ldaho.
5.20 Responsibility for Environmental Contamination
5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from
the presence or release of any Environmental Hazard that either Party did not introduce to the
affected Work Location. Both Parties shall defend and hold harmless the other, its officers,
directors and employees from and against any losses, damages, claims, demands, suits,
liabilities, fines, penalties and expenses (including reasonable attorneys'fees) that arise out of or
result from (i) any Environmental Hazard that the lndemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the lndemnifying Pafi is responsible under Applicable Law.
5.20.2 ln the event any suspect materials within CenturyLink-owned, operated or leased
facilities are identified to be asbestos containing, CLEC will ensure thatto the extent any activities
which it undertakes in the facility disturb such suspect materials, such CLEC activities will be in
accordance with applicable local, state and federa! environmental and health and safety statutes
and regulations. Except for abatement activities undertaken by CLEC or equipment placement
activities that result in the generation of asbestos-containing material, CLEC does not have any
responsibility for managing, nor is it the owner of, nor does it have any liability for, or in connection
with, any asbestos-containing material. GenturyLink agrees to immediately notify CLEC if
CenturyLink undertakes any asbestos control or asbestos abatement activities that potentially
could affect CLEC personnel, equipment or operations, including, but not limited to, contamination
of equipment.
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6.21 Notices
5.21.1 Any notices required by or conceming this Agreement shall be in writing and shall
be sufficiently given if delivered personally, delivered by prepaid overnight express service, or
sent by certified mail, return receipt requested, or by emailwhere specified in this Agreement to
CenturyLink and CLEC at the addresses shown below:
CenturyLink:
Director Sales Support
700 W MineralAve - Room MN D18.30
Littleton, CO 80120
Email: [e-mail]
Phone: [phone]
With copy to CenturyLink at the address shown below:
CenturyLink Legal Department
Wholesale lnterconnection
700 W MineralAve - Room L14.08
Littleton, CO 80120
Phone: 30$992-5599
Email: Leoal. I ntercon nection@centu rvlin k. co m
and with a copy to CLEC at the address shown below:
Charter Communications, lnc.
Attn: Legal Department - Telephone
12405 Powerscourt Drive
St Louis, Missouri 63131
with copy to:
Charter Communications, lnc.
Attn: Carrier Relations - Regulatory
12405 Powerscourt Drive
St Louis, Missouri 63131
and copy to:
Charles A. Hudak, Esq.
Friend, Hudak & Harris, LLP
Three Ravinia Drive, Suite 1700
Atlanta, Georgia 30346
lf personal delivery is selected to give notice, a receipt acknowledging such delivery must be
obtained. Each Party shall inform the other of any change in the above contact Person and/or
address using the method of notice called for in this Section 5.21.
5.22 Responsibility of Each Party
5.22.1 Each Party is an independent contractor, and has and hereby retains the right to
exercise full control of and supervision over its own performance of its obligations under this
Agreement and retains full control over the employment, direction, compensation and discharge
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of all employees assisting in the performance of such obligations. Each Party will be solely
responsible for all matters relating to payment of such employees, including compliance with
social security taxes, withholding taxes and all other regulations governing such matters. Each
Party will be solely responsible for proper handling, storage, transport and disposal at its own
expense of all (i) substances or materials that it or its contractors or agents bring to, create or
assume control over at Work Locations, and (ii) Waste resulting there from or otherwise generated
in connection with its or its contractors'or agents'activities at the Work Locations. Subject to the
limitations on liability and except as otherwise provided in this Agreement, each Party shall be
responsible for (i) its own acts and performance of all obligations imposed by Applicable Law in
connection with its activities, lega! status and property, real or personal, and (ii) the acts of its own
Affiliates, employees, agents and contractors during the performance of that Party's obligations
hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any
other Person. This Agreement will not provide any Person not a Party to this Agreement with any
remedy, claim, liability, reimbursement, claim of action, or other right in excess of those existing
by reference in this Agreement.
5.24 lntentionally Left Blank
5.25 Publicity
5.25.1 Neither Party sha!! publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original; but such counterparts shalltogether constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Party shall comply with al! applicable federal, state, and local laws, rules and
regulations applicable to its performance under this Agreement. Without limiting the foregoing,
CenturyLink and CLEC agree to keep and maintain in full force and effect all permits, licenses,
certificates, and other authorities needed to perform their respective obligations hereunder.
5.28 Compliance with the Communications Assistance Law Enforcement Act of 1994
5.28.1 Each Party represents and warrants that any equipment, facilities or services
provided to the other Party under this Agreement comply with the CALEA. Each Party shall
indemnify and hold the other Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and shall at the non-compliant Party's sole cost and expense,
modify or replace any equipment, facilities or services provided to the other Party under this
Agreement to ensure that such equipment, facilities and services fully comply with CALEA.
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5.29 Cooperation
5.29.1 The Parties agree that this Agreement involves the provision of CenturyLink
services in ways such services were not previously available and the introduction of new
processes and procedures to provide and bill such services. Accordingly, the Parties agree to
work jointly and cooperatively in testing and implementing processes for pre-ordering, ordering,
maintenance, Provisioning and Billing and in reasonably resolving issues which result from such
implementation on a timely basis. Electronic processes and procedures are addressed in Section
12 of this Agreement.
5.30 Amendments
5.30.1 Either Party may request an amendment to this Agreement at any time by
providing to the other Party in writing information about the desired amendment and proposed
language changes. lf the Parties have not reached agreement on the requested amendment
within sixty (60) Days after receipt of the request, either Party may pursue resolution of the
amendment through the Dispute Resolution provisions of this Agreement.
5.30.2 lntentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may
not be amended, modified or supplemented, and waivers or consents to departures from the
provisions of this Agreement may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
5.31 Entire Agreement
This Agreement (including the documents referred to herein and any amendments to the
Agreement) constitutes the full and entire understanding and agreement between the Parties with
regard to the subjects of this Agreement and supersedes any prior understandings or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of this Agreement.
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Sec0on 6
lntentionally Left Blank
Sectlon 6.0 - INTENTIONALLY LEFT BLANK
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Section 7.0 - INTERCONNECTION
7.1 lnterconnectionFacilityOptions
7.1.1 This Section describes the lnterconnection of CenturyLink's network and CLEC's
network for the purpose of exchanging Exchange Service (EAS/Local traffic), lntraLATA LEC Toll
and Jointly Provided Switched Access traffic. lntercarrier traffic exchange will be mutual and
reciprocal and all traffic exchanged between the Parties must be provisioned pursuant to this
Agreement. A Parg that has interconnected or gained access under sections 251 (a) (1),251
(cX2), or 251 (cX3) of the Act, may offer information services through the same arrangement, so
long as it is offering Telecommunications Services through the same arrangement(s) as well.
Enhanced or information service providers (providers or "lnformation Services" as that term is
defined in 47 U.S.C. S 153 (20)) that do not also provide domestic or international
telecommunications are not Telecommunications Carriers as defined by the Act and thus may not
interconnect under this Agreement. CenturyLink will provide lnterconnection at any Technically
Feasible point within its network, including but not limited to, (i) the Line Side of a Iocal Switch
(i.e., local switching); (ii) the Trunk Side of a local Switch, (iii) the trunk connection points for a
Tandem Switch, (iv) CentralOffice Cross Connection points. "lnterconnection" is as described in
the Act and refers, in this Section of the Agreement, to the connection between networks for the
purpose of transmission and routing of Telephone Exchange Service traffic and lntraLATA LEC
Toll traffic at points (ii) and (iii) described above. lnterconnection, which CenturyLink currently
names "Local lnterconnection Service" (LlS), is provided forthe purpose of connecting End Office
Switches to End Office Switches or End Office Switches to local or Access Tandem Switches for
the exchange of Exchange Service (EAS/Localtraffic); or End Office Switches to Access Tandem
Switches for the exchange of lntralSTA LEC Tol! or Jointly Provided Switched Access traffic.
New or continued CenturyLink local Tandem Switch to CenturyLink Access Tandem Switch and
CenturyLink Access Tandem Switch to CenturyLink Access Tandem Switch connections are not
required where CenturyLink can demonstrate that such connections present a risk of Switch
exhaust and that CenturyLink does not make similar use of its network to transport the local calls
of its own or any Affiliate's End User Customers.
7 .1.1.1 CenturyLink will provide to CLEC lnterconnection at least equa! in quality
to that provided to itself, to any subsidiary, Affiliate, or any other party to which it provides
!nterconnection. Notwithstanding specific language in other sections of this Agreement,
all provisions of this Agreement regarding lnterconnection are subject to this requirement.
CenturyLink will provide lnterconnection under rates, terms and conditions that are just,
reasonable and non-discriminatory. ln addition, CenturyLink shall comply with all state
wholesale and retail service quality requirements.
7.1.2 Methods of lnterconnection
The Parties will negotiate the facilities arrangement used to interconnect their respective
networks. CLEC shallestablish at least one (1) physical Point of lnterconnection in CenturyLink
territory in each LATA CLEC has local End User Customers. CLEC represents and warrants that
it is serving End User Customers physically located within each loca! calling area for which it
wishes to exchange traffic within CenturyLink territory. The Parties shal! establish, through
negotiations, at least one (1) of the following lnterconnection arrangements, at any Technically
Feasible point: (1) a DS1 or DS3 CenturyLink-provided facility or (2) other Technically Feasible
methods of lnterconnection via the Bona Fide Request (BFR) process unless a particular
arrangement has been previously provided to a third party, or is offered by CenturyLink as a
product.
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7.1.2.1 CenturyLink-provided Facility. lnterconnection may be accomplished
through the provision of a DS1 or DS3 Entrance Facility of CLEC's determination. An
Entrance Facility extends from the CenturyLink Serving Wire Center to CLEC's Switch
location or any Technically Feasible POI chosen by CLEC. CenturyLink-provided
Entrance Facilities may not extend beyond the area served by the CenturyLink Serving
Wire Center. The rates for CenturyLink-provided Entrance Facilities are provided in
Exhibit A. CenturyLink's private line transport service is available as an alternative to
CenturyLink-provided Entrance Facilities, when CLEC uses such private line transport
service for multiple services.
7.1.2.2 lntentionally Left Blank
7.1.2.3 lntentionally Left Blank
7.1.2.4 lntentionally Left Blank
7.1.2.5 CenturyLink agrees to provide local lnterconnection trunk diversity to the
same extent it does so in CenturyLink's loca! network.
7.2 Exchange of Traffic
Notwithstanding references to VNXX traffic in this section 7, the parties recognize that the Oregon
PUC currently prohibits VNXX arrangements, unless the Parties have implemented language in
the Agreement consistent with Order No. 07-098. As such, the parties will not knowingly provide
VNXX service in Oregon or knowingly aid the other party in providing VNXX service in Oregon.
This section is subject to Section 2.2 of the agreement regarding changes to Existing Rules and
Laws. CLEC may request an amendment to this Agreement to provide VNXX arrangements
consistent with the implementation of Order No. 07-098.
7.2.1 Description
7.2.1.1 This Section 7.2 addresses the exchange of traffic between CLEC's
network and CenturyLink's network. Where either Party interconnects and delivers traffic
to the other from third parties, each Pafi shall bill such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third party
terminations. Unless otherwise agreed to by the Parties, via an amendment to this
Agreement, the Parties will directly exchange traffic between their respective networks
without the use of third par$ transit providers.
7.2.1.2 The traffic types to be exchanged under this Agreement include:
7.2.1.2.1 EAS/local Exchange Service (EAS/Local) traffic as defined in this
Agreement.
7.2.1.2.2 lntraLATA LEC Toll traffic as defined in this Agreement.
7.2.1.2.3 Jointly Provided Switched Access traffic as described in Section
7.5.1. Jointly Provided Switched Access is associated with Meet-Point Billing.
7.2.1.2.4 For purposes of the Agreement, Transit Service does not include
traffic carried by !nterexchange Carriers. That traffic is defined as Jointly Provided
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Switched Access. Transit Service is provided by CenturyLink, as a local and
Access Tandem Switch provider, to CLEC to enable the completion of calls
originated by or terminated to end users of another Telecommunications Carrier
which is connected to CenturyLink's Switches. To the extent that CLEC's Switch
functions as a loca! orAccess Tandem Switch, as defined in this Agreement, CLEC
may also provide transit service to CenturyLink.
7.2.1.2.5 Traffic having special Billing or trunking requirements includes,
but is not limited to, the following:
!ntentionally Left Blank.
I ntentionally Left Blank.
Operator Busy Line Veriff/Busy Line lnterrupt;
Toll Free Services; and
lntentionally Left Blank.
7.2.1.3 Local Vo|P-PSTN Traffic and Toll VoIP-PSTN Traffic may be exchanged
under this Agreement.
7.2.1.3.1 Switched Access Traffic, including but not limited to lnterLATA
Traffic, other than Tol! Vo!P-PSTN Traffic or Jointly Provided Switched Access
Traffic, may not be exchanged under this Agreement. !n the event CLEC routes
lnterLATA Traffic to CenturyLink in violation of this section, CenturyLink shal! be
entitled to seek injunctive relief and to recover damages, including without
limitation, compensation for such traffic at the rate that is then applicable to such
access traffic.
7.2.2 Terms and Conditions
7.2.2.1 Transport and Termination of Exchange Service (EAS/Local) Traffic
7.2.2.1.1 Exchange Service (EAS/Loca!) traffic will be terminated as Local
I nterconnection Service (LlS).
7.2.2.1.2 As negotiated between the Parties, the transport of Exchange
Service (EAS/Loca!) traffic may occur in severalways:
7.2.2.1.2.1 One-way or two-way trunk groups may be established.
However, if either Party elects to provision its own one-way trunks for
delivery of Exchange Service (EAS/Local) traffic to be terminated on the
other Party's network, the ordering Party will provision its own one-way
trunks. The Party ordering one-way trunks will choose the PO! location for
such one-way trunks.
7.2.2.1.2.2 CLEC may purchase transport services from CenturyLink or
from a third party, including a third party that has leased the private line
transport service facility from GenturyLink. Such transport provides a
facility for the LIS trunk to be provisioned in order to deliver the originating
Party's Exchange Service EAS/Local traffic to the terminating Party's End
Office Switch or Tandem Switch for call termination. Transport may be
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a)
b)
c)
d)
e)
Section 7
lnterconnection
purchased from CenturyLink as direct trunked transport. This Section is
not intended to alter either Party's obligation under Section 251(a) of the
Act.
7 .2.2.1.3 When either Party utilizes the other Pafi's Tandem Switch for the
exchange of localtraffic, where there is a DS1's worth of traffic (512 CCS) between
the originating Party's End Office Switch delivered to the other Party's Tandem
Switch for delivery to one (1) of the other Party's End Office Switches, the
originating Party will order a direct trunk group to the other Pafi's End Office
Switch.
7.2.2.1.4 LIS ordered to a Tandem Switch will be provided as direct trunked
transport between the Serving Wire Center of CLEC's POI and the Tandem Switch.
7.2.2.1.5 !f direct trunked transport is greater than fifty (50) miles in length,
and existing facilities are not available in either Party's network, and the Parties
have not been able to resolve the issue through Mid-Span Meet arrangements,
and the Parties cannot agree as to which Party will provide the facility, the Parties
may bring the matter before the Commission for resolution on an lndividual Case
Basis.
7.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs)
used by CLEC in a LATA, CenturyLink will route traffic destined for CLEC's End
User Customers via direct trunking where direct trunking has been established. ln
the event that direct trunking has not been established, such traffic shall be routed
via a CenturyLink Tandem Switch.
7.2.2.2 lntraLATA LEC Tol! Traffic
7.2.2.2.1 One-way or two-way trunk groups may be established. However,
if either Party elects to provision its own one-way trunks for delivery of lntraLATA
LEC Toll traffic to be terminated on the other Party's network, the ordering Party
will provision its own one-way trunks. The Pafi ordering one-way trunks will
choose the PO! location for such one-way trunks. lntraLATA LEC Tolltraffic shall
be delivered to CenturyLink at the Access Tandem Switch or via separate trunks
to CenturyLink's End Office Switch(es), as designated by CLEC.
7.2.2.3 Transit Traffic
7.2.2.3.1 CenturyLink will accept traffic originated by CLEC's network
and/or its end user(s) for termination to other Telecommunications Carrier's
network and/or its end users that is connected to CenturyLink's Switch.
CenturyLink will also terminate traffic from these other Telecommunications
Carriers' network and/or its end users to GLEC's network and/or its end users. For
purposes of the Agreement, transit traffic does not include traffic carried by
lnterexchange Carriers. That traffic is defined as Jointly Provided Switched
Access.
7.2.2.3.2 The Parties involved in transporting transit traffic will deliver calls
to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP
messages to facilitate full lnteroperability and Billing functions.
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7.2.2.3.3 The originating company is responsible for payment of
appropriate rates to the transit company and to the terminating company. The
Parties agree to enter into traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third party
Telecommunications Carriers. !n the event one Party originates traffic that transits
the second Party's network to reach a third party Telecommunications Carrier with
whom the originating Party does not have a traffic exchange agreement, then the
originating Party will indemnify, defend and hold harmless the second Party
against any and all charges levied by such third party Telecommunications Carrier,
including any termination charges related to such traffic and any attorney's fees
and expenses. ln the case of lntraLATA LEC Toll traffic where CenturyLink is the
designated lntraLATA Toll provider for existing LECs, CenturyLink will be
responsible for payment of appropriate usage rates.
7.2.2.3.4 When CenturyLink receives an unqueried call from CLEC to a
telephone number that has been ported to another local services provider, the
transit rate wil! apply in addition to any query rates.
7.2.2.3.5 ln the case of a transit call that terminates in the Loca! Calling Area
but in a different state than the ca!! originated, and the CLEC does not have an
agreement with CenturyLink in the state where the transit ca!!terminated, CLEC
must execute an agreement for that state if it is a state served by CenturyLink. !n
the absence of a second agreement, the transit rate in Exhibit A of this Agreement
will be billed to the CLEC.
7.2.2.4 Jointly Provided Switched Access. The Parties will use industry standards
developed and routing based on the LERG to handle the Provisioning and Billing of Jointly
Provided Switched Access (MECAB, MECOD, and the Parties' FCC and state access
Tariffs). Each Par$ will bill the IXC the appropriate portion of its Switched Access rates.
CenturyLink will also provide the one-time notification to CLEC of the billing name, billing
address and Carrier identification codes of the lXCs subtending any Access Tandem
Switches to which CLEC directly connects. This type of traffic is discussed separately in
this Section.
7.2.2.5 lnterface Code Availability. Supervisory signaling specifications, and the
applicable network channe! interface codes for LIS trunks can be found in the CenturyLink
Technical Publication for Local lnterconnection Service 77398.
7.2.2.6 Signaling Options
7.2.2.6.1 SS7 Out-of-Band Signaling. SS7 Out-of-Band Signaling must be
requested on orders for LIS trunks. Common Channel Signaling Access Capability
Service may be obtained under CenturyLink lntrastate and/or FCC Access Tariffs
or from a third party signaling provider. Each of the Parties, CenturyLink and
CLEC, will provide for lnterconnection of their signaling network for the mutual
exchange of signaling information in accordance with the industry standards as
described in Telcordia documents, including but not limited to GR-905 CORE, GR-
954 CORE, GR-394 CORE and CenturyLink Technica! Publication77342.
7.2.2.6.2 Clear Channel Capability. Clear Channel Capability (64CCC)
permits 24 DS0-64 Kbps services or 1.536 Mbps of information on the 1.544
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Mbps/s line rate. 64GCC is available for LIS trunks equipped with SS7 Out-of-
Band Signaling. 64CCC must be requested on the order for new LIS trunks.
CenturyLink will provide CLEC with a listing of CenturyLink Switches fully capableof routing 64CCC traffic through the CenturyLink web site:
http://www.centurylink.com/disclosures. Where available to CenturyLink,
CenturyLink will provide CLEC with the same 64CCC on an alternate route or if
necessary via an overlay network.
7.2.2.7 Measurement of terminating Local lnterconnection Service (LlS) minutes
begins when the terminating LIS entry Switch receives answer supervision from the called
End User Customer's End Office Switch indicating the called End User Customer has
answered. The measurement of terminating call usage over LIS trunks ends when the
terminating LIS entry Switch receives disconnect supervision from either the called End
User Customefs End Office Switch, indicating the called End User Customer has
disconnected, or CLEC's Point of lnterconnection, whichever is recognized first by the
entry Switch. This is commonly referred to as "conversation time." The Parties will only
charge for actual minutes of use and/or fractions thereof of completed calls. Minutes of
use are aggregated at the end of the Billing cycle by End Office Switch and rounded to
the nearest whole minute.
7.2.2.8 LIS Forecasting
7.2.2.8.1 Both CLEC and CenturyLink shal! work in good faith to define a
mutually agreed upon forecast of LIS trunking.
7.2.2.8.2 Both Parties shall participate in semi-annual joint planning
meetings to establish trunk design and Provisioning requirements. The Parties
agree to provide mutualtrunk forecast information to ensure End User Customer
call completion between the Parties' networks. Such forecasts shall be for LIS
trunking that impacts the Switch capacity and facilities of each Party. CenturyLink
shall provide CLEC trunk group specific projections to CLEC on or before the date
of the joint planning meeting.
7.2.2.8.3 Switch capacity growth requiring the addition of new switching
modules may require six (6) months for ordering and installation. To align with the
timeframe needed to provide for the requested facilities, including engineering,
ordering, installation and make ready activities, for capacity growth CenturyLink
will utilize CLEC's semi-annual forecasts and near-term demand submitted on
Unforecast Demand Notification Forms to ensure availability of Switch capacity.
7.2.2.8.4 The forecast will identiff trunking requirements for a two (2) year
period.
7.2.2.8.5 Both Parties will follow the forecasting and Provisioning
requirements of this Agreement for the appropriate sizing of trunks, and use of
direct End Office Switch versus Tandem Switch routing. See Section 7.2.2.1.3.
7.2.2.8.6 lntentionally Left Blank
7.2.2.8.7 Joint planning meetings will be used to bring clarity to the
forecasting process. Each Par$ will provide adequate information associated with
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the CenturyLink LIS Trunk Forecast Forms in addition to its forecasts. During the
joint planning meetings, both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Pafi's forecast
or lnterconnection requirements. No later than two (2) weeks prior to the joint
planning meetings, the Parties shallexchange information to facilitate the planning
process. CenturyLink shall provide CLEC a report reflecting then current spare
capacity at each CenturyLink Switch that may impact the lnterconnection traffic.
CenturyLink shall also provide a report reflecting then current blocking of local
direct and alternate final trunk groups, lnterconnection and non-lnterconnection
alike. CLEC wi!! be provided lnterconnection trunk group data on its own trunks.
CenturyLink shal! also provide a report reflecting Tandem Switch routed
lnterconnection trunking that has exceeded 512BHCCS. The information is
Proprietary, provided under non-disclosure and is to be used solely for
lnterconnection network planning.
7.2.2.8.8 !n addition to the above information, CLEC sha!! provide:
a) Completed CenturyLink LIS Trunk Forecast Forms; and
b) Any planned use of an alternate Tandem Switch provider
7.2.2.8.9 !n addition to the above information, the following information will
be available through the Local Exchange Routing Guide. The LERG is available
through Telcordia.
a) CenturyLink Tandem Switches and CenturyLink End Office
Switches;
b) CLLI codes;
c) Switch type
CenturyLink will notiff CLEC of the anticipation of a new local Tandem Switch in
accordance with the FCC rules on network changes.
7.2.2.8.10 CenturyLink network disclosure of deployment information for
specffic technical capabilities (e.9., ISDN deployment, 64 CCC, etc.) shall be
provided on CenturyLink's web site, http://www.centurylink.com/disclosures.
7.2.2.8.11 When appropriate, CenturyLink will notify CLEC through the
CenturyLink Trunk Group Servicing Request (TGSR) process of the need to take
action and place orders in accordance with the forecasted trunk requirements.
CLEC shall respond to the TGSR within ten (10) business days of receipt.
7.2.2.8.12 The following terms shall apply to the forecasting process:
7.2.2.8.12.1 CLEC forecasts may be provided to CenturyLink as
detailed in CenturyLink's Trunk Forecast Form;
7.2.2.8.12.2 CLEC forecasts provided to CenturyLink, information
provided by CLEC to CenturyLink outside of the normalforecasting process
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to modify the forecast, and forecasting information disclosed by
CenturyLink to CLEC shall be deemed Confidential lnformation and the
Parties may not distribute, disclose or reveal, in any form, this materia!
other than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
7.2.2.8.13 To the extent that CLEC's historica! trunking underutilization is
such that it restricts CenturyLink from provisioning trunking to itself or other carriers
without CenturyLink augmenting its switch for additional trunking capacity,
CenturyLink reserves the right to reclaim the facilities for the purpose of providing
capacity to itself or other carriers. CenturyLink shall not leave the ClEC-assigned
trunk group with less than twenty five percent (25o ) excess capacity. Ancillary
trunk groups are excluded from this treatment.
7.2.2.8.14 lntentionallyLeftBlank.
7.2.2.8.15 Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
7.2.2.8.16 lnterconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When CenturyLink claims extraordinary
circumstances exist, it must apply to the Commission for approval of such charges
by showing that CLEC alone is the sole cause of such construction. CenturyLink
sha!! initiate such proceeding within ten (10) Days of notiffing CLEC in writing that
it will not construct the requested facilities, or within ten (10) Days of notice ftom
CLEC in writing that CenturyLink must either commence construction of the
facilities or initiate such proceeding with the Commission. !n this proceeding,
CenturyLink shall not object to using the most expeditious procedure available
under state !aw, rule or regulation. CenturyLink shall be relieved of its obligation
of constructing such facilities during the pendency of the proceeding before the
Commission. lf the Commission approves such charges, CenturyLink and CLEC
willshare costs in proportion to each Party's use of the overallcapacity of the route
involved. GenturyLink and CLEC may also choose to work in good faith to identify
and locate alternative routes that can be used to accommodate CLEC forecastedbuild. Extraordinary circumstances include, but are not limited to, natural
obstructions such as lakes, rivers, or steep terrain, and legal obstructions such as
governmenta!, federa!, Native American or private rights of way. The standard
CenturyLink forecast period of six (6) months may not apply under these
circumstances. Construction Charges shal! not apply in the event that construction
is an augment of an existing route.
7.2.2.9 Trunking Requirements
7.2.2.9.1 The Parties will provide designed lnterconnection facilities that
meet the same technical criteria and service standards, such as probability of
blocking in peak hours and transmission standards, in accordance with current
industry standards.
7.2.2.9.1.1 CenturyLink shall provide monthly reports to CLEC on all
lnterconnection trunk groups and quarterly reports on all interoffice trunk
groups carrying EAS/Localtraffic bbtween CenturyLink Tandem Switches
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and CenturyLink End Office Switches. The reports will contain busy hour
traffic data, including but not limited to, overflow and the number of trunks
in each trunk group.
7.2.2.9.2 lntentionally Left Blank.
7.2.2.9.3 Separate trunk groups may be established based on Billing,
signaling, and network requirements. The following is the current list of traffic types
that require separate trunk groups, unless specifically otherwise stated in this
Agreement.
a) lntentionally Left Blank.
b) lntentionally Left Blank.
c) lntentionally Left Blank.
d) Mass calling trunks, if applicable
7.2.2.9.3.1 Exchange Service (EAS/Local), lntraLATA LEC Toll, and
Jointly Provided Switched Access may be combined in a single LIS trunk
group at access tandems as appropriate per Section 7.2.2.9.6. Jointly
Provided Switched Access may, upon request, be routed on a separate LIS
trunk group with all other traffic combined on the other trunk group at
access tandems as appropriate per Section 7.2.2.9.6.
7.2.2.9.4 Trunks wi!! be ordered in increments of DS1 for exchange of
EAS/Local, and lntraLATA TolUJointly Provided Switched Access traffic.
7.2.2.9.5 The Parties will provide Common Channel Signaling (CCS) to one
another in conjunction with alltrunk circuits, except as provided below.
a) The Parties will provision alltrunking using SS7/CCS capabilities.
Exceptions to this arrangement would be limited to operator services
trunking, Directory Assistance trunking and 911 trunking.
b) When the Parties interconnect via CCS for Jointly Provided
Switched Access Service, the Tandem Switch provider wil! provide
MF/CCS interworking as required for lnterconnection with lnterexchange
Carriers who use MF signaling.
7.2.2.9.6 CLEC may interconnect at either the CenturyLink local Tandem
Switch or the CenturyLink Access Tandem Switch for the delivery of local
exchange traffic. When CLEC is interconnected at the Access Tandem Switch and
where there would be a DS1's worth of localtraffic (512 BHCCS) between CLEC's
Switch and those CenturyLink End Office Switches subtending a CenturyLink local
Tandem Switch, CLEC wi!! order a direct trunk group to the CenturyLink loca!
Tandem Switch.
7.2.2.9.6.1 CenturyLink wil! allow lnterconnection for the exchange of
local traffic at CenturyLink's Access Tandem Switch without requiring
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lnterconnection atthe localTandem Switch, at least in those circumstances
when traffic volumes do not justify direct connection to the local Tandem
Switch; and regardless of whether capacity at the Access Tandem Switch
is exhausted or forecasted to exhaust
7.2.2.9.7 To the extent CenturyLink is using a specific End Office Switch to
deliver limited Tandem Switch functionality to itself, a wireless service provider,
another CLEC, or another ILEC, it will arrange the same trunking for CLEC.
7.2.2.9.8 Alternate Traffic Routing. lf CLEC has a LIS arrangement which
provides two (2) paths to a CenturyLink End Office Switch (one (1) route via a
Tandem Switch and one (1) direct route), CLEC may elect to utilize alternate traffic
routing. CLEC traffic will be offered first to the direct trunk group (also referred to
as the "primary high" route) and then overflow to the Tandem Switch group (also
referred to as the "alternate fina!" route) for completion to CenturyLink End Office
Switches.
7.2.2.9.9 Host-Remote. When a CenturyLink Wire Center is served by a
Remote Switch, CLEC may deliver traffic to the host Central Office or to the
Tandem Switch. CLEC may not directly trunk to a Remote Switch.
7.2.2.10 Testing
7.2.2.10.1 Acceptance Testing. At the time of installation of a LIS trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service is operational and meets the applicable technical parameters.
7.2.2.10.2 Testing Capabilities
7.2.2.10.2.1 LIS Acceptance Testing is provided where equipment
is available, with the following test lines: seven-digit access to balance (100
type), milliwatt (102 type), nonsynchronous or synchronous, automatic
transmission measuring (105 type), data transmission (107 type), Ioop-
around, short circuit, open circuit, and non-inverting digital loop-back (108
type), and such other acceptance testing that may be needed to ensure
that the service is operational and meets the applicable technical
parameters.
7.2.2.10.2.2 !n addition to LIS acceptance testing, other tests are
available (e.9., additional cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled
testing, and non-scheduled testing). Charges forsuch testing are identified
in Section 7.3.5.
7.2.2.10.3 Repair Testing. At the time of repair of a LIS trunk group, at no
additional charge, tests will be performed to ensure that the service is operational
and meets the applicable technical parameters.
7.2.2.11 Mileage Measurement. Where required, the mileage measurement for LIS
rate elements is determined in the same manner as the mileage measurement for V&H
methodology as outlined in NECA Tariff No.4.
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7.3 lntercarrierCompensation
7.3.1 Interconnection Facility Options
The lntercarrier Compensation provisions of this Agreement shall apply to the exchange of
Exchange Service (EAS/Local) traffic between CLEC's network and CenturyLink's network.
Where either Pafi acts as an lntraLATA Tol! provider, each Party shall bill the other the
appropriate charges pursuant to its respective tariff or price lists. Where either Party
interconnects and delivers traffic to the other from third parties, each Par$ shall bill such third
parties the appropriate charges pursuant to its respective tariffs, price lists or contractual offerings
for such third party terminations. Absent a separately negotiated agreement to the contrary, the
Parties will directly exchange traffic between their respective networks without the use of third
party transit providers.
7.3.1.1 LIS Entrance Facilities
7.3.1.1.1 Recurring and nonrecurring rates for LIS Entrance Facilities are
specified in Exhibit A and will apply for those DS1 or DS3 facilities dedicated to
use as LlS.
7 .3.1.1.2 lf CLEC chooses to provision LIS facilities over an existing facility
purchased as private line transport service from the CenturyLink state or FGC
access Tariffs, the rates from those Tariffs will apply.
7.3.1.1.3 lf the Parties elect to establish LIS two-way trunks, for reciproca!
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way
facilities shall be shared among the Parties by reducing the LIS two-way Entrance
Facility (EF) rate element charges as follows:
7.3.1.1.3.1 The provider of the LIS two-way Entrance Facility
(EF) will initially share the cost of the LIS two-way EF by assuming an initial
relative use factor (RUF) of fifty percent (50%) for a minimum of one (1)
quarter if the Parties have not exchanged LIS traffic previously. The
nominal charge to the other Party for the use of the EF, as described in
Exhibit A, shall be reduced by this initial relative use factor. Payments by
the other Party will be according to this initial relative use factor for a
minimum of one (1) quarter. The initia! relative use factor will continue for
both bill reduction and payments until the Parties agree to a new factor,
based upon actual minutes of use data for non-lSP-Bound traffic to
substantiate a change in that factor. For purposes of determining the
relative use factor, the terminating carrier is responsible for VNXX traffic. lf
either Party demonstrates with traffic data that actual minutes of use during
the previous quarter justifies a new relative use factor, that Party willsend
a notice to the other Party. The new factor will be calculated based upon
Exhibit H. Once the Parties finalize a new factor, bill reductions and
payments will apply going fonrard from the date the original notice was
sent.
7.3.2 Direct Trunked Transport
7.3.2.1 Either Party may elect to purchase direct trunked transport from the other
Party.
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7.3.2.1.1 Direct trunked transport (D'fD is available between the Serving
Wire Center of the POI and the terminating and/or transiting Party's Tandem
Switch or End Office Switches. The applicable rates are described in Exhibit A.
DTT facilities are provided as dedicated DS3, DS1 or DSO facilities.
7.3.2.1.2 When DTT is provided to a local or Access Tandem Switch for
Exchange Service (EAS/Local) traffic, or to an Access Tandem Switch for
lntraLATA LEC Toll, or Jointly Provided Switched Access traffic, the applicable
DTT rate elements apply between the Serving Wire Center and the Tandem
Switch. These rates are described below.
7.3.2.1.3 Mileage shal! be measured for DTT based on V&H coordinates
between the Serving Wire Center and the local/Access Tandem Switch or End
Office Switch.
7.3.2.1.4 Fixed Charges per DSO, DSI or DS3 and per mile charges are
defined for DTT in Exhibit A of this Agreement.
7.3.2.2 lf the Parties elect to establish LIS two-way DTT trunks, for reciprocal
exchange of Exchange Service (EAS/Local) traffic, the cost of the LIS two-way DTT
facilities shallbe shared among the Parties by reducing the LIS two-way DTT rate element
charges as follows:
7.3.2.2.1 The provider of the LIS two-way DTT facility will initially share the
cost of the LIS two-way DTf facility by assuming an initial relative use factor of fifty
percent (50%) for a minimum of one (1) quarter if the Parties have not exchanged
LIS traffic previously. The nominal charge to the other Pafi for the use of the DTT
facility, as described in Exhibit A, shall be reduced by this initial relative use factor.
Payments by the other Party will be according to this initial relative use factor for a
minimum of one (1) quarter. The initia! relative use factor will continue for both bill
reduction and payments until the Parties agree to a new factor, based upon actua!
minutes of use data to substantiate a change in that factor. For purposes of
determining the relative use factor, the terminating carrier is responsible and for
VNXX traffic. lf either Party demonstrates with traffic data that actual minutes of
use during the previous quarter justifies a new relative use factor, that Party wil!
send a notice to the other Party. The new factor will be calculated based upon
Exhibit H. Once the Parties finalize a new factor, bill reductions and payments wi!!
apply going forward from the date the original notice was sent.
7.3.2.3 Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available atthe
rates specified in Exhibit A.
7.3.3 Trunk Nonrecurring charges
7.3.3.1 lnstallation nonrecurring charges may be assessed by the provider for each
LIS trunk ordered. CenturyLink rates are specified in Exhibit A.
7.3.3.2 Nonrecurring charges for rearrangement may be assessed by the provider
for each LIS trunk rearrangement ordered, at one-half (112) the rates specified in Exhibit
A.
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7.3.4 Exchange Service (EAS/Local) Traffic
7.3.4.1 End Office Switch CallTermination
7.3.4.1.1 End office call terminating compensation will be on a bill and keep
basis, with no compensation exchanged between the Parties.
7.3.4.1.2 lntentionally Left Blank
7.3.4.1.3 lntentionallyLeftBlank.
7.3.4.1.4 Neither Party shall be responsible to the other for call termination
charges associated with third party traffic that transits such Party's network.
7.3.4.2 Tandem Switched Transport
7.3.4.2.1 Tandem switching compensation will be on a bill and keep basis,
with no compensation exchanged between the Parties.
7.3.4.2.2 lntentionally Left Blank
7.3.4.2.3 lntentionally Left Blank
7.3.4.2.4 When CenturyLink receives an unqueried call from CLEC to a
numberthat has been ported to another Switch within the EAS/LocalCalling Area,
and CenturyLink performs the query, charges will apply for the FCC approved
default query per Section 10.
7.3.4.2.4.1 To determine the responsible originating Carrier of
unqueried calls for purposes of identification of the Carrier to bill LNP query
charges, CenturyLink and CLEC are required to utilize the Number
Portability Administration Center (NPAC) database, or another database
that is supported by OBF.
7.3.5 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with LIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
7.3.5.1 Cancellation charges apply to cancelled LIS trunk orders based upon
critical dates, terms and conditions in accordance with the Access Service Tariff Section
5.2.3 and trunk nonrecurring charges referenced in this Agreement.
7.3.5.2 Expedite requests for LIS trunk orders are available. Expedites are
requests for intervals that are shorter than the interval defined in CenturyLink's Service
lnterval Guide (SlG) or lndividual Case Basis (lCB) Due Dates. When expedites are
approved, expedite charges apply per order for every day that the Due Date interval is
shortened, based on the standard interval in the SIG or based on ICB criteria for Due
Dates. Expedite charges apply to LIS trunk orders based on the rates described in Exhibit
A.
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7.3.5.2.1 CLEC will request an expedite for LIS trunks, including an expedited
Due Date, on the Access Service Request (ASR).
7.3.5.2.2 The request for an expedite will be approved only when resources
are available and the request meets the criteria outlined in the Pre-Approved
Expedite Process in CenturyLink's Product Catalog at CenturyLink's wholesale
web site.
7.3.5.3 Additional testing, including cooperative acceptance testing, automatic
scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-
scheduled testing, is available for LIS trunks.
lntentionally Left Blank7.3.6
7.3.7 Transit Traffic
7.3.7.1 Transit Traffic will be charged on a per minute of use rate to the originating
Party for any traffic terminating to any entity other than a CenturyLink affiliate operating
as an lncumbent Local Exchange Carrier, as contained in Exhibit A.
7.3.8 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 called party number) as required by Applicable Law and further clarified by the FCC
Order to enable each Party to issue bills in a complete and timely fashion. All CCS signaling
parameters will be provided unchanged including CPN, calling party category, ChN and
Originating Line lnformation Parameter (OLIP) on all calls. All privacy indicators will be honored.
The ChN is to be passed unaltered in SS7 signaling fields where it is different than CPN; 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;
and if MF signaling is used by the CLEC then the ChN must be included in the ANI field if different
from the CPN. Where SS7 connections exist, each Party shal! pass all CCS signaling parameters,
where available, on each call carried over lnterconnection trunks. lf either Pafi fails to provide
valid originating information such trafficwil! be billed as lntrastate Switched Access when the calls
traverse an interconnection trunk. The Parties will coordinate and exchange data as necessary
to determine the cause of the CPN/ChN failure and to assist its correction.
7.3.9 Vo|P-PSTN Traffic
7.3.9.1 Local VolP-PSTN Traffic
7.3.9.1.1 CLEC and CenturyLink will exchange Local Vo|P-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and
such Local VoIP-PSTN Traffic will be identified as such by using the originating
and terminating call detail information of each cal! unless the Parties specifically
agree otherwise. This ca!!jurisdiction method described herein is intended by the
Parties as a proxy to determine the jurisdiction of a call, i.e. the actual geographic
end points of the call, and the Parties acknowledge that there may be some
circumstances where the actual geographic end points of a particular 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 call
jurisdiction 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
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improve the accuracy of jurisdictional data and such efforts shall not be reasonably
withheld by either Party.
7.3.9.2 TollVolP-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll Vo!P-PSTN Traffic at rates
identified in each Party's appropriate access tariff. Such Toll Vo|P-PSTN Traffic
will be identified as lnterLATA Traffic or lntaLATA Toll Traffic by using the
originating and terminating call detail information of each call unless the Parties
specifically agree othenrise. This call jurisdiction method described herein is
intended by the Parties as a prory to determine the jurisdiction of a call, i.e. the
actual geographic end points of the call, and the Parties acknowledge that there
may be some circumstances where the actual geographic end points of a particular
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 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 shall not be
unreasonably withheld by either Party.
7.3.9.2.1.1 lnterLATA Traffic which is Toll Vo|P-PSTN Traffic will be
exchanged at each Party's interctate access tariff rates. Any Transit Traffic
which is both interLATA and Tol! Vo!P-PSTN will be exchanged at each
Pafi's interstate switched access service rates. lnterl-ATA Traffic which
is not TollVo|P-PSTN Traffic sha!! be subject to7.2.1.3.1.
7.3.9.2.1.2 lntraLATA Toll Traffic which is Toll Vo!P-PSTN Traffic will
continue to be exchanged at each Party's intrastate access tariff rates.
7.3.9.2.1.3 The portion of LIS facilities used for TollVo|P-PSTN Traffic
will be billed at GenturyLink's interstate access tarffi rates after the
application of Relative Use Factor. CenturyLink will use the Local
lnterconnection Service Facilities Percent VolP Usage (LlS-Facility-PVU)
factor in Exhibit A to determine the portion of Entrance Facility, Direct Trunk
Transport, and MUX that shall be deemed the portion of the facili$ used to
carry Toll VoIP-PSTN Traffic.
7.3.9.2.1.3.1 The LIS-Faciltty-PVU factor shall be the
percentage of the tota! traffic CLEC routes to CenturyLink for
termination which is TollVo!P-PSTN Traffic. The LIS-Facili$-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), tralfic studies, actual call detail, or other relevant
and verifiable informaUon which the parties will exchange.
7.3.9.2.1.4 Any factors established by the Parties for the previous
sections of 7.3.9.2 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.
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lnterconnection
7.4 Ordering
7.4.1 When ordering LlS, the ordering Parg shall specify requirements on the Access
Service Request (ASR): 1) the type and number of lnterconnection facilities to terminate at the
Point of !nterconnection in the Serving Wire Center; 2) the type of interoffice transport, (i,e., direct
trunked transport or tandem switched transport); 3) the number of Ports to be provisioned at an
End Office Switch or IocalTandem Switch; and 4) any optionalfeatures. When the ordering Party
requests facilities, routing, or optional features different than those determined to be available,
the Parties willwork cooperatively in determining an acceptable configuration, based on available
facilities, equipment and routing plans.
7.4.2 For each NXX Code assigned to CLEC by the NANPA, CLEC will provide
CenturyLink with the CLLI codes of the CenturyLink Tandem Switches and CLEC's Point of
lnterface to which traffic associated with the NXX will be routed. For NXX Codes assigned to
existing LIS trunk groups, CLEC will also provide CenturyLink with the CenturyLink assigned two-
six code OGSN) to which each NXX will be routed. lnformation that is not currently available in
the LERG may be provided via the NPA NXX Code Request Routing Form available on the
CenturyLink web site:
http://www. centu rvlink. com/wholesaleinotices/npa nxxProcess. htm
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form when
a single Switch is served by multiple trunk groups.
7.4.3 When eilher Party has ordered a DS3 Entrance Facility or private line facility, that
Party will order the appropriate DS1 facility required and identifo the channels of the DS3 to be
used to provide connecting facility assignments (CFA). Also, if either Party has provided or
ordered a DS1 Entrance Facility or private line facility, that Party wil! be responsible for
identification of the DSO channels of the DS1 private line to be used to provide CFA.
7.4.4 A joint planning meeting will precede initialtrunking orders. These meetings will
result in agreement and commitment that both Parties can implement the proposed plan and the
transmitta! of Access Service Requests (ASRs) to initiate order activity. The Parties will provide
their best estimate of the traffic distribution to each End Office Switch subtending the Tandem
Switch.
7.4.5 !f CLEC uses a method of interconnection of one POI in the LATA or the access
tandem for loca! traffic in accordance with Section 7 .1.2 andlor 7.2.2.9.6, CenturyLink and CLEC
will work together to review CLEC's network configuration in order to ensure correc't and complete
ASR ordering.
7.4.6 Service intervals and Due Dates for initia! establishment of trunking arrangements
at each new Switch location of lnterconnection between the Parties will be determined on an
lndividualCase Basis.
7.4.7 CenturyLink will establish intervals for the provision of LIS trunks that conform to
the performance objectives. CenturyLink will provide notice to CLEC of any changes to the LIS
trunk intervals consistent with the Change Management Process (CMP) applicable to the PCAT.
Operational processes within CenturyLink work centers are discussed as part of the CMP.
CenturyLink agrees that CLEC shal! not be held to the requirements of the PCAT.
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7.4.8 The ordering Party may cancel an order at any time prior to notification that service
is available. lf the ordering Party is unable to accept service within thirty (30) Days after the
Service Date, the provider has the following options:
a) The order will be canceled; cancellation charges as specified in 7.3.5.1 apply
unless otherwise mutually agreed to by the Parties;
b) lntentionally Left Blank.
c) Billing for the service will commence.
ln such instances, the cancellation date or the date Billing is to commence, depending on which
option is selected, wil! be the 31't Day after the Service Date.
7.5 Jointly Provided Switched Access Services
7.5.1 Jointly Provided Switched Access Service is described and governed by the FCC
and state access Tarifts, Multiple Exchange Carrier Access Billing (MECAB) and Multiple
Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and is
not modified by any provisions of this Agreement. Both Parties agree to comply with such
guidelines. CenturyLink and CLEC agree that the originating, intermediate, and terminating LECs
for switched access will cooperatively determine the Jointly Provided Switched Access
arrangements in which all parties concur.
7.5.2 CenturyLink will agree to function as the Access Service Coordinator (ASC) as
defined in the Multiple Exchange CarrierOrdering and Design Guidelines (MECOD). CenturyLink
wil! provide the operational, technical and administrative support required in the planning,
Provisioning and maintenance involved in the joint access Provisioning process to the lXCs.
CenturyLink will be unable to fulfill the role of ASC if CLEC does not fully comply with MECOD
requirements, including filing CLEC's End Office Switches and billed percentages (BPs) in the
NECA 4Tanfi.
7.5.3 The ATIS Network lnterconnection lnteroperability Forum (NllF) recommended
methodologies must be adhered to by all Local Exchange Carriers (LECs) to provide timely
notification to the industry of changes in their access network architecture.
7.5.3.1 The ATIS document is titled Recommended Notification Procedures to
lndustry for Changes in Access Network Architecture.
7.5.4 CenturyLink and CLEC will each render a separate bill to the lXC, using the
multiple bill, single tariff option.
7.5.5 A charge will apply for Category 1 1-01-XX Access Services records sent in an EMI
mechanized format. These records can be used to provide information necessary for each Party
to billthe lnterexchange Carrierfor Jointly Provided Switched Access Services and 8XX database
queries. The charge for each record created and transmitted is listed in Exhibit A of this
Agreement.
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7.6 Transit Records
7.6.1 CenturyLink and CLEC will exchange wireline network usage data originated by a
wireline Local Exchange Carrier (LEC) where the NXX resides in a wireline LEC Switch, transits
CenturyLink's network, and terminates to CLEC's network when Technically Feasible and
commercially reasonable. Each Party agrees to provide to the other this wireline network usage
data when CenturyLink or CLEC acts as a transit provider currently or in the future. The Parties
understand that this information is Carrier protected information under Section 222 of the
Telecommunications Act and shall be used solely for the purposes of Billing the wireline LEC.
CLEC wil! provide to CenturyLink information to enable CenturyLink to provide transit records on
a mechanized basis when Technically Feasible. This includes, but is not limited to: service center
information, operating company number, and state jurisdiction. CenturyLink and CLEC agree to
exchange wireline network usage data as Category 11-01-XX.
7.6.2 CenturyLink and CLEC will exchange wireless network usage data originated by a
Wireless Service Provider WSP) where the NXX resides in a WSP Switch, transits CenturyLink's
network, and terminates to CLEC's network when Technically Feasible and commercially
reasonable. Each Party agrees to provide to the other this wireless network usage data when
CenturyLink or CLEC acts as a transit provider currently or in the future. The Parties understand
that this information is Carrier protected information under Section 222 of theTelecommunications
Act and shal! be used solely for the purposes of Billing the WSP. CLEC will provide to CenturyLink
information to be able to provide transit records on a mechanized basis when Technically
Feasible. This includes, but is not limited to: service center information, operating company
number and state jurisdiction. CenturyLink and CLEC agree to exchange wireless network usage
data as Category 11-01-XX.
7.6.3 CLEC may order transit records from CenturyLink and a charge wi!! apply for
Category 11-01-XX transit records sent in an EMI mechanized format. These records can be
used to provide information necessary for each Party to bill the originating Carrier for transit when
Technically Feasible. The charge for each record created and transmifted is listed in Exhibit A of
this Agreement.
7.7 Local lnterconnection Data Exchange for Billing
7.7.1 There are certain types of calls or types of lnterconnection that require exchange
of Billing records between the Parties, including, for example, alternate billed and Toll Free
Service calls. The Parties agree that all ca!! types must be routed between the networks,
accounted for, and seftled among the Parties. Certain calls will be handled via the Parties'
respective operator service platforms. The Parties agree to utilize, where possible and
appropriate, existing accounting and settlement systems to bill, exchange records and settle
revenue.
7.7.2 The exchange of Billing records for alternate billed calls (e.9., calling card, bill-to-
third-number and collect) will be distributed through the existing CMDS processes, unless
otherwise separately agreed to by the Parties.
7.7.3 lnter-Company Settlements (lCS) revenues will be settled through the Calling Card
and Third Number Settlement System (CATS). Each Party will provide for its own arrangements
for participation in the CATS processes, through direct participation or a hosting arrangementwith
a direct participant.
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7.7.4 Non-lCS revenue is defined as lntraLATA collect calls, calling card calls, and billed
to third number ca!!s which originate on one (1) service provider's network and are billed by
another service provider located within the same CenturyLink geographic specific region. The
Parties agree to negotiate and execute an agreement for seftlement of non-lcS revenue. This
separate arrangement is necessary since existing CATS processes do not permit the use of CATS
for non-lCS revenue. The Parties agree that current message distribution processes, including
the CMDS system or CenturyLink in-region facilities, can be used to transport the call records for
this traffic.
7.7.5 Both Parties will provide the appropriate call records to the lntraLATA Toll Free
Service provider, thus permitting the seruice provider to bill its End User Customers for the
inbound Tol! Free Service. No adjustments to bills via tapes, disks or Network Data Mover (NDM)
will be made without the mutual agreement of the Parties.
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Section 9
lntentionally Left Blank
Section 8.0 - INTENTIONALLY LEFT BLANK
SECTON 9.0 - INTENTIONALLY LEFT BLANK
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Section 10
Ancillary Services
Section 10.0 - Ancillary Services
l0.l lntentionally Left Blank
10.2 Local Number Portability
10.2.1 Description
10.2.1.1 Local Number Portability (LNP) is defined bythe FCC as the ability of usersof 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. CenturyLink wil! allow
CLEC to port telephone numbers for its End User Customers in the same manner as
CenturyLink ports telephone numbers for CenturyLink End User Customers. CLEC may
port telephone numbers into and out of CenturyLink End Office Switches on behalf of an
End User Customer using the FCC rules and industry guidelines as described in the
following sections.
10.2.1.2 CenturyLink uses the Location Routing Number (LRN) architecture. Under
the LRN architecture, each End Office Switch is assigned a unique ten-digit LRN, the first
six digits of which identify the location of that End Office Switch. The LRN technology is
a triggering and addressing method which allows the re-homing of individual telephone
numbers to other End Offtce Switches and ensures the proper routing of calls to ported
telephone numbers through the use of a database and the signaling network. The LRN
solution interrupts cal! processing through the use of an Advanced lntelligent Network
(AlN) trigger, commonly referred to as the LRN trigger. During this interruption, a query
is launched to the LNP database in the signaling network and the call is re-addressed
using the LRN information for the ported telephone number. The LRN will route the call
to the proper End Office Switch destination. The actual routing of the call with either the
dialed telephone number, for calls to non-ported telephone numbers, or the LRN, for calls
to ported telephone numbers, observes the rules, protocols and requirements of the
existing Public Office Dialing Plan (PODP).
10.2.2 Terms and Conditions
10.2.2.1 CenturyLink will provide Local Number Portability (LNP), also known as
long-term number portability, in a non-discriminatory manner in compliance with the FCC's
rules and regulations and the guidelines of the FCC's North American Numbering
Council's (NANC) Local Number Portability Administration (LNPA) Working Group and the
lndustry Numbering Committee (lNC) of the Alliance for Telecommunications lndustry
Solutions (ATIS). Unless specifically excluded in Section 10.2.2.6, alltelephone numbers
assigned to an End User Customer are available to be ported through LNP. Mass calling
events shall be handled in accordance with the industry's non-LRN recommendation
(NANC's High Volume Call-ln Networks dated February 18, 1998).
10.2.2.2 Each Party shall use reasonable efforts to facilitate the expeditious
deployment of LNP. The Parties sha!! comply with the processes and implementation
schedules for LNP deployment prescribed by the FCC. ln accordance with industry
guidelines, the publications of LNP capable End Office Switches and the schedule and
status for future deployment will be identified in the Local Exchange Routing Guide
(LERG).
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10.2.2.3 ln connection with the provision of LNP, the Parties agree to support and
comply with all relevant requirements or guidelines that are adopted by the FCC, or that
are agreed to by the Telecommunications industry as a national industry standard.
10.2.2.4 CenturyLink will coordinate LNP with Unbundled Loop cutovers in a
reasonable amount of time and with minimum service disruption, pursuant to Unbundled
Loop provisions identified in Section 9 of this Agreement. CLEC will coordinate with
CenturyLink for the transfer of the CenturyLink Unbundled Loop coincident with the
transfer of the End User Customer's service to CenturyLink in a reasonable amount of
time and with minimum service disruption. For coordination with Loops not associated
with CenturyLink's Unbundled Loop offering, CLEC may order the LNP managed cut, as
described in Section 10.2.5.4.
10.2.2.4.1 Parties understand that LNP order activity must be coordinated
with facilities cutovers in order to ensure that the End User Customer is provided
with uninterrupted service. lf the Party porting the telephone number experiences
problems with its port or provision of its Loop, and needs to delay or cancel the
port and any Loop disconnection, that Party shall notify the other Party
immediately. Parties will work cooperatively and take prompt action to delay or
cance! the port and any Loop disconnection in accordance with industry (LNPA's
National Number Porting Operations Team), accepted procedures to minimize End
User Customer service disruptions.
10.2.2.4.2 Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC's LNPA Working
Group's guidelines. CenturyLink will routinely send a concurrence message within
the time frames established by the industry.
10.2.2.5 The Parties agree to implement LNP within the guidelines set forth by the
generic technical requirements for LNP as specified in Section 21 of this Agreement.
10.2.2.6 Neither Party shall be required to provide Local Number Portability for
telephone numbers that are excluded by FCC rulings (e.9., 500 and 900 NPAs, 950 and
976 NXX number services).
10.2.2.7 After an End Office Switch becomes equipped with LNP, all NXXs assigned
to that End Office Switch will be defined as portable, to the extent Technically Feasible,
and translations will be changed in each Party's Switches so that the portable NXXs are
available for LNP database queries. When an NXX is defined as portable, it will also be
defined as portable in all LNP-capable End Office Switches that have direct trunks to the
End Office Switch associated with the portable NXX.
10.2.2.8 Each Party shall offer Loca! Number Portability to End User Customers for
any portion of an existing DID block without being required to port the entire block of DID
telephone numbers. Each Party shall permit End User Customers who port a portion of
DID telephone numbers to retain DID service on the remaining portion of the DID
telephone numbers.
10.2.2.9 At the time of porting a telephone number via LNP from CenturyLink,
CenturyLink shall ensure that the LIDB entry for that telephone number is de-provisioned
if the CenturyLink LIDB is not being used by CLEC.
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10.2.2.10 Both Parties agree to follow the LNP End Office Switch request process
established by the Parties and in compliance with industry guidelines.
10.2.2.11 NXX Migration, or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to CLEC's End Office Switch if the code is
used solely for one End User Customer. Where one Party has activated an entire NXX
for a single End User Customer, or activated a substantial portion of an NXX for a single
End User Customer with the remaining telephone numbers in the NXX either reserved for
future use or otherwise unused, if such End User Customer chooses to receive service
from the other Party, thefirst Party shall cooperatewith the second Partyto have the entire
NXX reassigned to an End Office Switch operated by the second Party through the NANP
administrator. ln addition, both Parties agree to cooperate in arranging necessary updates
and industry notification in the LERG (and associated industry databases, routing tables,
etc.). Such transfer will be accomplished with appropriate coordination between the
Parties and subject to appropriate industry lead-times (as identified in the LERG and the
Central Office Code Administration guidelines) for movement of NXXs from one End Office
Switch to another. Other applications of M(X migration will be discussed by the Parties
as circumstances arise.
10.2.2.12 ln connection with al! LNP requests, the Parties agree to comply with the
National Emergency Number Association (NENA) recommended standards for service
provider Local Number Portability (NENA-02-011), as may be updated from time to time,
regarding unlocking and updating End User Customers'telephone number records in the
911/Automatic Location lnformation (ALl) database. The Cunent Service Provider shall
send the 911 unlock record on the completion date of the order to the 91'1 database
administrator.
10.2.2.13 Porting of Reserved Numbers. The End User Customers of each Party
may port Reserved Numbers from one Party to the other Party via LNP. CenturyLink will
port telephone numbers previously reserved by the End User Customer via the
appropriate retai! Tariffs unti! these reservations expire. CenturyLink will reserve
telephone numbers in accordance with the FCC's rules.
10.2.2.14 Limits on Subscriber Relocation. CenturyLink and CLEC agree that an End
User Customer may geographically relocate at the same time as it ports its telephone
number, using LNP, to the New Service Provider; provided, however, that the Current
Service Provider may require that the End User Customer's relocation at the time of the
port to the New Service Provider be limited to the geographic area represented by the
NXX of the ported telephone number. The Current Service Provider may not impose a
relocation limitation on the New Service Provider or the New Service Provider's
subscribers that is more restrictive than that which the Current Service Provider would
impose upon its own subscribers with telephone numbers having the same NXX as the
telephone number(s) being ported. ln addition, the Current Service Provider may not
impose any restrictions on relocation within the same Rate Center by a ported End User
Customer while that End User Customer is served by the New Service Provider.
10.2.3 Service Management System
10.2.3.1 Each Party shall sign the appropriate NPAC user agreement(s) and obtain
certification from the appropriate NPAC administrato(s) that the Party or the Party's
Service Order Administration (SOA) and Local Service Management System (LSMS)
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vendor(s) has systems and equipment that are compatible with the NPAC's established
protocols and that the application of such systems and equipment is compatible with the
NPAC.
10.2.3.2 Each Party shall cooperate to facilitate the administration of the SMS
through the process prescribed in the documents referenced in Section 21.
10.2.4 Database and Query Services
10.2.4.1 The LNP database provides the call routing information used by
CenturyLink's End Office Switches and Tandem Switches to route CLEC's End User
Customer's calls to a ported telephone number or to terminate calls to CLEC's End User
Customers using a ported telephone number. CenturyLink shall perform default LNP
queries where CLEC is unable to perform its own query. CLEC shall perform default LNP
queries where CenturyLink is unable to perform its own query. CenturyLink query services
and charges are defined in FCC Tariff #5, including End Office and Tandem Switch Default
Query Charges which are contained in Tariff Section 13 (Miscellaneous Service) and
Database Query Charges which are contained in Tariff Section 20 (CCSAC Service
Applications).
10.2.4.2 For local calls to a NXX in which at least one (1) telephone number has
been ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP-capable Switch in
the call path. The Party that owns the originating Switch shal! query on a local call to a
NXX in which at least one (1) telephone number has been ported via LNP prior to any
attempts to route the callto any other Switch. Prior to the first telephone number in a NXX
being ported via LNP at the request of CLEC, CenturyLink may query al! calls directed to
the NXX, subject to the Billing provisions as discussed in Section 10.2.4.1 and provided
that CenturyLink queries shall not adversely affect the quality of service to CLEC's End
User Customers as compared to the service CenturyLink provides its own End User
Customers.
10.2.4.3 A Party shall be charged for a LNP query by the other Par$ only if the Party
to be charged is the N-1 Carrier and it was obligated to perform the LNP query but failed
to do so. Parties are not obligated to perform the LNP query prior to the first port requested
in a NXX.
10.2.4.4 On calls originating ftom a Party's network, the Party will populate, if
Technically Feasible, the Jurisdiction lnformation Parameter (JlP) with the first six digits
of the originating LRN in the SS7 lnitial Address Message.
10.2.4.5 Each Party shall cooperate in the process of porting telephone numbers
from one Carrier to another so as to limit service outage for the ported End User Customer.
CenturyLink shall update its LNP database from the NPAC SMS data within fifteen (15)
minutes of receipt of a download from the NPAC SMS.
10.2.5 Ordering
10.2.5.1 Both Parties shall comply with industry ordering standards, NANC LNP
Process Flows, LNPA-WG Best Practices as developed by the industry, and appropriate
Commission and FCC Porting Orders. The Parties wil! do so on a reciproca! basis so that
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end users of both partles are allowed to port their numbers in accordance with FCC
mandate and Commission rules without undue delay or hardship. LNP service is ordered
via a Local Service Request and associated LNP forms. CLEC may order LNP either
manually or through an electronic interface. The electronic gateway solution for ordering
service is described in Section 12 of this Agreement.
10.2.5.2 Standard Due Date lntervals. Service intervals for both Parties for LNP are
located in the CenturyLink Service lnterval Guide (SlG). Additional information can be
found in the Product Catalog for LNP. These intervals include the cutoff times for order
receipt and the time for Firm Order Confirmation (FOC).
10.2.5.3 Most LNP order activity is flow-through, meaning that the ten (10) digit
unconditionaltrigger, or Line Side Attribute (LSA) trigger, can be set automatically. CLEC
may request any Due Date/Frame Due Time (DD/FDT) where the trigger can be set
automatically, although there may be some instances when CenturyLink or the Number
Portability Administration Center/Service Management System (NPAC/SMS) will provide
prior electronic notice of specific blocks of time which cannot be used as a DD/FDT due
to scheduled maintenance or other circumstances. lf the DD/FDT on a flow-though cut is
outside CenturyLink's normal business hours for LNP, CenturyLink wi!! have personne!
available in the repair centerto assist in the eventthat CLEC experiences problems during
the cut. ln addition, CenturyLink allows CLEC to request a managed cut on a24X 7 basis
in those situations where a cut would othenrvise have been flow-through, but where CLEC
has a business need to have CenturyLink personnel dedicated to the cut. The terms and
conditions for managed cuts are described in 10.2.5.4.
10.2.5.3.1 CenturyLink will set the ten (10) digit unconditional trigger for
telephone numbers to be ported, unless technically infeasible, by 11:59 p.m. (local
time) on the business day preceding the scheduled port date. (A 1O-digit
unconditional trigger cannot be set for DID services in AXE10 and DMS10 End
Office Switches thus managed cuts are required, at no charge.) The ten (10) digit
unconditional trigger and End Office Switch translations associated with the End
User Customer's telephone number wil! not be removed, nor will CenturyLink
disconnect the End User Customer's Billing and account information, unti! 11:59
p.m. (local time) of the next business day after the Due Date. CLEC is required to
make timely notifications of Due Date changes or cancellations by 8:00 p.m.
(mountain time) on the Due Date through a supplemental LSR order. ln the event
CLEC does not make a timely notification, CLEC may submit a late notification to
CenturyLink as soon as possible but in no event later than 12:00 p.m. (mountain
time) the next business day after the Due Date to CenturyLink's lnterconnect
Service Center in the manner set forth below. For a late notification properly
submitted, CenturyLink agrees to use its best efforts to ensure that the End User
Customer's service is not disconnected prior to 11:59 p.m. of the next business
day following the new Due Date or, in the case of a cancellation, no disruption of
the End User Customer's existing service. Late notifications must be made by
calling CenturyLink's lnterconnect Service Center followed by CLEC submitting a
confirming supplemental LSR order.
10.2.5.4 LNP Managed Cut Wath CLEC-Provided Loop: A managed cut permits
CLEC to select a project managed cut for LNP. Managed cuts are offered on a 24 X 7
basis.
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10.2.5.4.1 The date and time for the managed cut requires up-front planning
and may need to be coordinated between CenturyLink and CLEC. All requests
will be processed on a first come, first served basis and are subject to
CenturyLink's ability to meet a reasonable demand. Considerations such as
system downtime, Switch upgrades, Switch maintenance, and the possibility of
other CLECs requesting the same FDT in the same End Office Switch (Switch
contention) must be reviewed. ln the event that any of these situations would
occur, CenturyLink will coordinate with CLEC for an agreed upon FDT, prior to
issuing the Firm Order Confirmation (FOC). !n special cases where a FDT must
be agreed upon, the interval to reach agreement will not exceed two (2) days. ln
addition, standard intervals will apply.
10.2.5.4.2 CLEC shal! request a managed cut by submitting a Local Service
Request (LSR) and designating this order as a managed cut in the remarks section
of the LSR form.
10.2.5.4.3 CLEC will incur additional charges for the managed cut
dependent upon the FDT. The rates are based upon whether the request is within
GenturyLink's normal business hours or out of hours. CenturyLink's normal
business hours are 7:00 a.m. to 7:00 p.m., End User Customer localtime, Monday
through Friday. The rate for managed cuts during normal business hours is the
standard rate. The rate for managed cuts out of hours, except for Sundays and
Holidays, is the overtime rate. Sundays and Holidays are at premium rate.
10.2.5.4.4 Charges for managed cuts shall be based upon actual hours
worked in one-half (Yz) hour increments. Exhibit A of this Agreement contains the
rates for managed cuts. CLEC understands and agrees that in the event CLEC
does not make payment for managed cuts, unless disputed as permitted under
Section 5.4 of this Agreement, CenturyLink shal! not accept any new LSR requests
for managed cuts.
10.2.5.4.5 CenturyLink will schedule the appropriate number of employees
prior to the cut, normally not to exceed three (3) employees, based upon
information provided by CLEC. CLEC will also have appropriate personne!
scheduled for the negotiated FDT. lf CLEC's information is modified during the
cut, and, as a result, non-scheduled employees are required, CLEC shall be
charged a three (3) hour minimum callout charge per each additiona! non-
scheduled employee. lf the cut is either cancelled, or supplemented to change the
Due Date, within twenty-four (24) hours of the negotiated FDT, CLEC will be
charged a one person three (3) hour minimum charge. lf the cut is cancelled due
to a CenturyLink error or a new Due Date is requested by CenturyLink within
twenty-four (24) hours of the negotiated FDT, CenturyLink may be charged by
CLEC one person three (3) hour minimum charge as set forth in Exhibit A.
10.2.5.4.6 ln the event that the LNP managed cut conversion is not
successful, CLEC and CenturyLink agree to isolate and fix the problem in a
timeframe acceptable to CLEC or the End User Customer. lf the problem cannot
be corrected within an acceptable timeframe to CLEC or the End User Customer,
CLEC may request the restoral of CenturyLink service for the ported End User
Customer. Such restoration shall begin immediately upon request. lf CLEC is in
error then a supplemental order shall be provided to CenturyLink. lf CenturyLink
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is in error, no supplemental order or additional order will be required of CLEC.
10.2.5.4.7 CenturyLink sha!!ensure that any LNP order activity requested in
conjunction with a managed cut shal! be implemented in a manner that avoids
interrupting service to the End User Customer, including, without limitation,
ensuring that the End User Customer's CenturyLink Loop will not be disconnected
prior to confirmation that CLEC's Loop has been successfully installed.
10.2.6 Maintenance and Repair
10.2.6.1 Each Party is responsible for its own End User Customers and will have
the responsibility for resolution of any service trouble report(s) from its End User
Customers. End User Customers wil! be instructed to report all cases of trouble to their
Current Service Provider.
10.2.6.2 Each Party will provide its respective End User Customers the correct
telephone numbers to call for access to its respective repair bureau. Each Party will
provide its repair contact telephone numbers to one another on a reciprocal basis.
10.2.6.3 CenturyLink wil! work cooperatively with CLEC to isolate and resolve
trouble reports. When the trouble condition has been isolated and found to be within a
portion of the CenturyLink network, CenturyLink will perform standard tests and isolate
and repair the trouble within twenty-four (24) hours of receipt of the report.
10.2.6.4 CenturyLink wil! proactively test new Switch features and service offerings
to ensure there are no problems with either the porting of telephone numbers or calls from
CenturyLink End User Customers to CLEC End User Customers with ported telephone
numbers or vice versa.
10.2.7 Rate Elements
10.2.7.1 CenturyLink will comply with FCC and Commission rules on cost recovery
for Local Number Portability.
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Sec'tion 11
Network Security
Section 11.0 - NETWORK SECURITY
11.1 Protection of Service and Property. Each Party shal! exercise the same degree of
care to prevent harm or damage to the other Par$ and any third parties, its employees, agents
or End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
11.2 Each Party is responsible to provide security and privacy of communications. This
entails protecting the confidential nature of Telecommunications transmissions between End User
Customers during technician work operations and at alltimes. Specifically, no employee, agent
or representative shall monitor any circuits except as required to repair or provide service of any
End User Customer at any time. Nor shall an employee, agent or representative disclose the
nature of overheard conversations, or who participated in such communications or even that such
communication has taken place. Violation of such security may entai! state and federal criminal
penalties, as well as civi! penalties. CLEC is responsible for covering its employees on such
security requirements and penalties.
1 1.3 The Parties' Telecommunications networks are part of the national security
network, and as such, are protected by federal !aw. Deliberate sabotage or disablement of any
portion of the underlying equipment used to provide the network is a violation of federal statutes
with severe penalties, especially in times of nationa! emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
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11.11 CLEC will train its employees, agents and vendors on CenturyLink security policies
and guidelines.
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11.13 CLEC shall report all material losses to CenturyLink Security. Al! security incidents
are to be refened directly to local CenturyLink Security - 1-888-879-7328. ln cases of emergency,
CLEC shall call 911 and 1-888-879-7328.
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11.15 CenturyLink and CLEC shall ensure adherence by their employees, agents and
vendors to allapplicable CenturyLink environmental health and safety regulations. This includes
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allfire/life safety matters, OSHA, EPA, Federal, State and !oca! regulations, including evacuation
plans and indoor air quality.
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11.24 CenturyLink is not liable for any damage, theft or personal injury resulting from
CLEG's employees, agents or vendors parking in a CenturyLink parking area.
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11.U Revenue Protection. CenturyLink shall make available to CLEC all present and
future fraud prevention or revenue protection features. These features include, but are not limited
to, screening codes, information digits'29'and'70'which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. CenturyLink shall additionally provide partitioned access to fraud
prevention, detection and controlfunctionalitywithin pertinent Operations Support Systems which
include but are not limited to LIDB Fraud monitoring systems.
11.U.1 Uncollectable or unbillable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shal! be the responsibility of
the Parg causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
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11.34.2 Uncollectible or unbillable revenues resulting from the accidental or
malicious alteration of software underlying Operational Support Systems by unauthorized
third parties that could have reasonably been avoided shall be the responsibility of the
Party having administrative control of access to said operational support system softurare.
11.U.3 CenturyLink shall be responsible for any direct uncollectible or unbillable
revenues resulting from the unauthorized physica! attachment to Loop facilities from the
Main Distribution Frame up to and including the Network lnterface Device, including clip-
on fraud, if CenturyLink could have reasonably prevented such fraud.
11.U.4 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by CLEC, those costs will be borne by CLEC.
11.34.5 To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemniff the other for any fraud due
to compromise of its network (e.9., clip-on, missing information digits, missing toll
restriction, etc.).
11.34.6 lf CenturyLink becomes aware of potential fraud with respect to CLEC's
accounts, CenturyLink will promptly inform CLEC and, at the direction of CLEC, take
reasonable action to mitigate the fraud where such action is possible.
1 1.35 Law Enforcement lnterface. CenturyLink provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a weeUtwenty-four (24) hours a Day.
Assistance includes, but is not limited to, release of 911 trace and subscriber information; in-
progress trace requests; establishing emergency trace equipment, release of information from an
emergency trap/trace or "57 trace; requests for emergency subscriber information; assistance to
law enforcement agencies in hostage/barricade situations, kidnappings, bomb threats,
extortion/scams, runaways and life threats.
1 1.36 CenturyLink provides trap/trace, pen register and Title lll assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
norma! business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services wi!! be billed directly to the law enforcement agency,
without involvement of CLEC, for any lines served from CenturyLink Wire Genters or cross boxes.
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Access to Operational Support Systems (OSS)
Section 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS)
12.1 Description
12.1.1 CenturyLink has developed and shall continue to provide Operational Support
System (OSS) interfaces using electronic gateways and manual processes. These gateways act
as a mediation or control point between CLEC's and CenturyLink's OSS. These gateways provide
security for the interfaces, protecting the integrity of the CenturyLink OSS and databases.
CenturyLink's OSS interfaces have been developed to support Pre-ordering, Ordering and
Provisioning, Maintenance and Repair and Billing. This section describes the interfaces and
manual processes that CenturyLink has developed and shall provide to CLEC. Additional
technical information and details shall be provided by CenturyLink in training sessions and
documentation and support, such as the "lnterconnect Mediated Access User's Guide."
CenturyLink will continue to make improvements to the electronic interfaces as technology
evolves, CenturyLink's legacy systems improve, or CLEC needs require. CenturyLink shall
provide notification to CLEC consistent with the provisions of the Change Management Process
(CMP) set forth in Section 12.2.6.
12.1.2 Through its electronic gateways and manua! processes, CenturyLink shall provide
CLEC non-discriminatory access to CenturyLink's OSS for Pre-ordering, Ordering and
Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail
analogue, such as pre-ordering and ordering and Provisioning of resold services, CenturyLink
shall provide CLEC access to its OSS in substantially the same time and manner as it provides
to itself. For those functions with no retail analogue, such as pre-ordering and ordering and
Provisioning of Unbundled Elements, CenturyLink shall provide CLEC access to CenturyLink's
OSS sufficient to allow an efficient competitor a meaningful opportunity to compete. CenturyLink
will comply with the standards for access to OSS. CenturyLink shall deploy the necessary
systems and personnel to provide sufficient access to each of the necessary OSS functions.
CenturyLink shall provide assistance for CLEC to understand how to implement and use all of the
available OSS functions. CenturyLink sha!! provide CLEC sufficient electronic and manual
interfaces to allow CLEC equivalent access to all of the necessary OSS functions. Through its
web site, training, disclosure documentation and development assistance, CenturyLink shall
disclose to CLEC any internal business rules and other formatting information necessary to
ensure that CLEC's requests and orders are processed efficiently. CenturyLink shall provide
training to enable CLEC to devise its own course work for its own employees. Through its
documentation available to CLEC, CenturyLink will identify how its interface differs from national
guidelines or standards. CenturyLink shall provide OSS designed to accommodate both current
demand and reasonably foreseeable demand.
12.2 OSS Support for Pre-ordering, Ordering and Provisioning
12.2.0 CenturyLink will establish interface contingency plans and disaster recovery plans
for the interfaces described in this Section. CenturyLink will work cooperatively with CLECs
through the CMP to consider any suggestions made by CLECs to improve or modify such plans.
ClEC-specific requests for modifications to such plans will be negotiated and mutually agreed
upon between CenturyLink and CLEC.
12.2.0.1 Ordering and Provisioning
12.2.0.1.1 Ordering and Provisioning - CenturyLink will provide access to
ordering and status functions. CLEC will populate the service request to identify
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what features, services, or elements it wishes CenturyLink to provision in
accordance with CenturyLink's published business rules.
12.2.0.1.2 CenturyLink will provide all Provisioning services to CLEC during
the same business hours that CenturyLink provisions services for its End User
Customers. CenturyLink wi!! provide out-of'hours Provisioning services to CLEC
on a non-discriminatory basis, as it provides such Provisioning services to itself,
its End User Customers, its Affiliates or any other Par$. CenturyLink shall disclose
the business rules regarding out-of-hours Provisioning on its wholesale web site.
12.2.0.1.3 When CLEC places a manualorder, CenturyLinkwillprovide CLEC
with a manua! Firm Order Confirmation (FOC) notice. The confirmation notice will
follow industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of Loca! Service Requests (LSR)
or Access Service Requests (ASR) are subject to the provisions of Section 12.2.6.
12.2.0.1.5 When CenturyLink provides installation on behalf of CLEC,
CenturyLink will advise CLEC's End User Customer to notify CLEC immediately if
the End User Customer requests a service change at the time of installation.
12.2.1 Ordering Process
12.2.1.1 LocalServiceRequests(LSR)
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12.2.1.1.1 CenturyLink shall provide electronic interface gateways for
submission of LSRs, including both an application-to-application interface and a
Graphical User lnterface (GUl).
12.2.1.1.2 The interface guidelines for the application-to-application interface
are based upon the Order & Billing Forum (OBF) Loca! Service Order Guidelines
(LSOG), and the appropriate electronic transmission standards. Exceptions to the
above guidelines/standards shall be specified in the lnterconnect Mediated Access
(l MA) disclosure documents.
12.2.1.1.3 The GUI shal! provide a single interface for Pre-order and Order
transactions from CLEC to CenturyLink and is browser based. The GUI interface
shall be based on the LSOG and utilizes a WEB standard technology, Hyper Text
Markup Language (HTML), JAVA and the Transmission Control Protocol/lnternet
Protocol (TCP/IP) to transmit messages.
12.2.1.1.4 Functions Pre-ordering - CenturyLink will provide real time,
electronic access to pre.order functions to support CLEC's ordering via the
electronic interfaces described herein. CenturyLink will make the following real
time pre-order functions available to CLEC:
12.2.1.1.4.1 Features, services and Primary lnterexchange Carrier (PIC)
options for lntraLATA toll and lnterLATA toll available at a valid service
address;
12.2.1.1.4.2 Access to Customer Service Records (CSRs) for
Section 12
Access to Operational Support Systems (OSS)
CenturyLink retail End User Customers. The information will include Billing
name, service address, Billing address, service and feature subscription,
Directory Listing information, and Long Distance Carrier identity;
12.2.1.1.4.3 Telephone number request and selection;
12.2.1.1.4.4 Reservation of appointments for service installations
requiring the dispatch of a CenturyLink technician on a non-discriminatory
basis;
12.2.1.1.4.5 lnformation regarding whether dispatch is required for
service installation and available installation appointments;
12.2.1.1.4.6 Service address verification;
12.2.1.1.4.7 Facility availability, Loop qualification and Loop make-up
information, including, but not limited to, Loop length, presence of Bridged
Taps, repeaters, and loading coils;
12.2.1.1.4.8 A list of valid available CFAs for Unbundled Loops;
12.2.1.1.4.9 A list of one to five (1-5) individual Meet Points or a range of
Meet Points for shared Loops;
12.2.1.1.4.10 Design Layout Record (DLR) Query which provides the
layout for the local portion of a circuit at a particular location where
applicable;
12.2.1.1.4.11 NC/NCI combinations supported by IMA flow-through can
be addressed;
12.2.1.1.4.12 Raw Loop Data can be validated in IMA and retrieved by
segments and subsegments; and
12.2.'1.1.5 When CLEC places an electronic order, CenturyLink wi!! provide
CLEC with an electronic FOC. The FOC willfollow industry-standard formats and
contain the CenturyLink Due Date for order completion. Upon completion of the
order, CenturyLink supplies two (2) completion notices: 1) service order
completion (SOC) which notifies CLEC when the service order record was
completed, and 2) Billing completion that notifies CLEC that the service order has
posted to the Billing system.
12.2.1.1.6 When CLEC places an electronic order, CenturyLink will provide
notification electronically of any instances when 1) CenturyLink's Committed Due
Date is in jeopardy of not being met by CenturyLink, or 2) an order is rejected.
12.2.1.1.7 When CLEC places a manual order, CenturyLink provide
notification of any instances when 1) CenturyLink's committed Due Date is in
jeopardy of not being met by CenturyLink on any service, or 2) an order is rejected.
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12.2.1.1.8 Dial-UpCapabilities
12.2.1.1.8.1 lntentionally Left Blank.
12.2.1.1.8.2 !ntentionally Left Blank.
12.2.1.1.8.3 When CLEC requests from CenturyLink more than fifty (50)
SecurlDs for use by CLEC Customer service representatives at a single
CLEC location, CLEC shall use a T1 line instead of dial-up access at that
location. lf CLEC is obtaining the line from CenturyLink, then CLEC shall
be able to use SecurlDs until such time as CenturyLink provisions the Tl
line and the line permits pre-order and order information to be exchanged
between CenturyLink and CLEC.
12.2.1.1.9 Application-to-application Facilities-based Listing Process.
CenturyLink shall provide an application-to-application facilities-based listing
interface to enable CLEC's listing data to be translated and passed into the
CenturyLink listing database. This interface is based upon OBF LSOG and the
appropriate electronic transmission standards. CenturyLink shall supply
exceptions to these guidelines/standards in writing in sufficient time for CLEC to
adjust system requirements.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 CenturyLink shal! provide a computer-to-computer batch file
interface, an application-to-application interface, and a GUI interface for
submission of ASRs based upon the OBF Access Service Order Guidelines
(ASOG). CenturyLink sha!! supply exceptions to these guidelines in writing in
sufficient time for CLEC to adjust system requirements.
12.2.1.2.2 Functions Pre-ordering. CenturyLink will provide real time,
electronic access to pre-order functions to support CLEC's ordering via the
electronic interfaces described in this Section. CenturyLink will make the following
real time pre-order functions available to CLEC:
12.2.1.2.2.1 Service Address validation;
12.2.1.2.2.2 CFA validation;
12.2.1.2.2.3 NC-NC! validation;
12.2.1.2.2.4 BAN validation; and
12.2.1.2.2.5 CLLI validation
12.2.1.2.3 When CLEC places an electronic or manual order,
CenturyLink wil! provide notification of any instances when 1) CenturyLink's
committed Due Date is in jeopardy of not being met by CenturyLink, or 2) an order
is rejected.
12.2.1.2.4 When CLEC places an electronic order, CenturyLink will provide
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CLEC with an electronic Firm Order Confirmation notice (FOC). The FOC will
follow industry-standard formats and contain the CenturyLink Due Date for order
completion.
12.2.2 Maintenance and Repair
12.2.2.1 CenturyLink shall provide electronic interface gateways, including an
Electronic Bonding interface and a GUI interface, for reviewing an End User Customer's
trouble history at a specific location, conducting testing of an End User Customer's service
where applicable, and reporting trouble to facilitate the exchange of updated information
and progress reports between CenturyLink and CLEC while the Trouble Report (TR) is
open and a CenturyLink technician is working on the resolution. CLEC may also report
trouble through manual processes. For designed services, the TR will not be closed prior
to verification by CLEC that trouble is cleared.
12.2.3 lnterface Availability
12.2.3.1 CenturyLink shall make its OSS interfaces available to CLEC during the
hours listed in the Gateway Availability PlDs.
12.2.3.2 CenturyLink shall notify CLEC in a timely manner regarding system
downtime through mass emaildistribution and pop-up windows as applicable.
12.2.4 Billing
12.2.4.1 For products billed out of the CenturyLink Canier Access Billing System
(CABS), CenturyLink will utilize the existing CABS/BOS format and technology for the
transmission of bills.
12.2.4.2 For products billed out of the CenturyLink Customer Record lnformation
System (CRIS), CenturyLink will utilize the existing EDI standard for the transmission of
monthly local Billing information. EDI is an established standard under the auspices of
the ANSI/ASC X12 Committee. A proper subset of this specification has been adopted
by the Telecommunications !ndustry Forum (ICIF) as the "811 Guidelines" specifically for
the purposes of Telecommunications Billing. Any deviance from these standards and
guidelines shall be documented and accessible to CLEC.
12.2.5 Outputs
Output information will be provided to CLEC in the form of bills, files, and reports. Bills will capture
all regular monthly and incrementaUusage charges and present them in a summarized format.
The files and reports delivered to CLEC come in the following categories:
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Usage Record File Line Usage lnformation
Loss and Completion Order lnformation
Category 11 Facility Based Line Usage lnformation
SAG/FAM Street Add ress/Facility Ava ilabi lity I nformation
12.2.5.1 Bills
12.2.5.1.1 CRIS Summary Bill - The CRIS Summary Bill represents a
monthly summary of charges for most wholesale products sold by CenturyLink.
This bil! includes a tota! of all charges by entity plus a summary of current charges
and adjustments on each suFaccount. lndividual suFaccounts are provided as
Billing detail and contain monthly, one-time charges and incremental/cal! detai!
information. The Summary Bill provides one bill and one payment document for
CLEC. These bills are segmented by state and bill cycle. The number of bi!!s
received by CLEC is dictated by the product ordered and the CenturyLink region
in which CLEC is operating.
12.2.5.1.2 CABS Bill - The CABS Bill represents a monthly summary of
charges. This bill includes monthly and one-time charges plus a summary of any
usage charges.
12.2.5.2 Files and Reports
12.2.5.2.1 Daily Usage Record File provides the accumulated set of call
information for a given Day as captured or recorded by the network Switches. This
file will be transmitted Monday through Friday, excluding CenturyLink holidays.
This information is a file of unrated CenturyLink originated usage messages and
rated CLEC originated usage messages. lt is provided in ATIS standard Electronic
Message lnterface (EMl) format. This EM! format is outlined in the document SR-
320; which can be obtained directly ftom ATIS. The Daily Usage Record File
contains multi-state data for the Data Processing Center generating this
information. lndividual state identification information is contained with the
message detai!. CenturyLink will provide this data to CLEC with the same leve! of
precision and accuracy it provides itself. This file will be provided for resale
products.
12.2.5.2.2 The charge for this Daily Usage Record File is contained in Exhibit
A of this Agreement.
12.2.5.2.3 Routing of in-region lntraLATA Collect, Calling Card, and Third
Number Billed Messages - CenturyLink willdistribute in-region lntraLATA collect,
calling card, and third number billed messages to CLEC and exchange with other
CLECs operating in region in a manner consistent with existing inter-company
processing agreements. Whenever the daily usage information is transmitted to a
Carrier, it will contain these records for these types of ca!!s as well.
12.2.5.2.4 Loss Report provides CLEC with a daily report that contains a list
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of accounts that have had lines and/or services disconnected. This may indicate
that the End User Customer has changed CLECs or removed services from an
existing account. This report also details the order number, service name and
address, and date this change was made.
12.2.5.2.5 Completion Report provides CLEC with a daily report. This report
is used to advise CLEC that the orde(s) for the service(s) requested is complete.
It details the order number, service name and address and date this change was
completed.
12.2.5.2.6 Category 11 Records are Exchange Message Records (EMR)
which provide mechanized record formats that can be used to exchange access
usage information between CenturyLink and CLEC. Category 110'1 series records
are used to exchange detailed access usage information.
12.2.5.2.7 lntentionallyLeftBlank.
12.2.5.2.8 SAG/FAM Files. The SAG (Street Address Guide)/FAM (Features
Availability Matrix) files contain the following information:
a) SAG provides Address and Serving Central Office lnformation
b) FAM provides USOCs and descriptions by state (POTS services
only), and USOC availability by NPA-Mfi with the exception of Centrex.
InterLATA/!ntraLATA Carriers by NPA-NXX.
These files are made available via a download process. They can be retrieved by
FTP (File Transfer Protocol), NDM connectivity, or a Web browser.
12.2.6 Change Management. CenturyLink agrees to maintain a change management
process, known as (CMP), that is consistent with or exceeds industry guidelines, standards and
practices to address CenturyLink's OSS, products and processes. The CMP shall include, but
not be limited to, utilization of the following: (i) a forum for CLEC and CenturyLink to discuss
CLEC and CenturyLink change requests (CR), CMP notifications, systems release life cycles,
and communications; (ii) provide a forum for CLECs and CenturyLink to discuss and prioritize
CRs, where applicable pursuant to the CMP Document; (iii) a mechanism to track and monitor
CRs and CMP notifications; (iv) established intervals where appropriate in the process; (v)
processes by which CLEC impacts that result from changes to CenturyLink's OSS, products or
processes can be promptly and effectively resolved; (vi) processes that are effective in
maintaining the shortest timeline practicable for the receipt, development and implementation of
all CRs; (vii) sufficient dedicated CenturyLink processes to address and resolve in a timely
manner CRs and other issues that come before the CMP body; (viii) processes for OSS lnterface
testing; (ix) information that is clearly organized and readily accessible to CLECS, including the
availability of web-based tools; (x) documentation provided by CenturyLink that is effective in
enabling CLECs to build an electronic gateway; and (xi) a process for changing CMP that calls
for collaboration among CLECs and CenturyLink and requires agreement by the CMP
participants. Pursuant to the scope and procedures set forth in the CMP Document, CenturyLink
will submit to CLECs through the CMP, among other things, modifications to existing products
and technical documentation available to CLECS, introduction of new products available to
CLECS, discontinuance of products available to CLECS, modifications to pre-ordering,
ordering/provisioning, maintenance/repair or billing processes, introduction of pre-ordering,
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ordering/provisioning, maintenance/repair or billing processes, discontinuance of pre-ordering,
ordering/provisioning, maintenance/repair or billing processes, modifications to existing OSS
interfaces, introduction of new OSS interfaces, and retirement of existing OSS interfaces.
CenturyLink will maintain as part of CMP an escalation process so that CMP issues can be
escalated to a CenturyLink representative authorized to make a final decision and a process for
the timely resolution of disputes. The governing document for CMP, known as the "Change
Management Process" Document is the subject of ongoing negotiations between CenturyLink
and CLECs in the ongoing CMP. The CMP Document will continue to be changed through those
discussions. The CMP Document reflects the commitments CenturyLink has made regarding
maintaining its CMP and CenturyLink commits to implement agreements made in the CMP
process as soon as practicable after they are made. The CMP Document wi!! be subject to
change through the CMP, as set forth in the CMP Document. CenturyLink will maintain the most
current version of the CMP Document on its wholesale web site.
12.2.6.1 ln the course of establishing operational ready system interfaces between
CenturyLink and CLEC to support local service delivery, CLEC and CenturyLink may need
to define and implement system interface specifications that are supplemental to existing
standards. CLEC and CenturyLink will submit such specifications to the appropriate
standards committee and willwork towards their acceptance as standards.
12.2.6.2 Release updates will be implemented pursuant to the CMP
12.2.7 CLEC Responsibilities for lmplementation of OSS lnterfaces
12.2.7.1 Before CLEC implementation can begin, CLEC must completely and
accurately answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once CenturyLink receives a complete and accurate New Customer
Questionnaire, CenturyLink and CLEC will mutually agree upon time frames for
implementation of connectivity between CLEC and the OSS interfaces.
12.2.8 CenturyLink Responsibilities for On-going Support for OSS lnterfaces
CenturyLink will support previous application-to-application releases for six (6) months after the
next subsequent release has been deployed.
12.2.8.1 CenturyLink will provide written notice to CLEC of the need to migrate to a
new release.
12.2.8.2 CenturyLinkwill provide an lmplementation Coordinatorto workwith CLEC
for business scenario re-certification, migration and data conversion strategy definition.
12.2.8.3 Re-certification is the process by which CLEC demonstrates the ability to
generate correct functional transactions for enhancements not previously certified.
CenturyLink will provide the suite of tests for re-certification to CLEC with the issuance of
the disclosure document.
12.2.8.4 CenturyLink shall provide training mechanisms for CLEC to pursue in
educating its internal personnel. CenturyLink shal! provide training necessary for CLEC
to use CenturyLink's OSS interfaces and to understand CenturyLink's documentation,
including CenturyLink's business rules.
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12.2.9 CLEC Responsibilities for On-going Support for OSS lnterfaces
12.2.9.1 lf using the GUI interface, CLEC will take reasonable efforts to train CLEC
personnel on the GU! functions that CLEC will be using.
12.2.9.2 An application-to-application exchange protocol will be used to transport
electronically-formatted content. CLEC must perform certification testing of exchange
protocol prior to using the application-to-application interface.
12.2.9.3 CenturyLink will provide CLEC with access to a stable testing environment
that mirrors production to certify that its OSS will be capable of interacting smoothly and
efficiently with CenturyLink's OSS. CenturyLink has established the following test
processes to assure the implementation of a solid interface between CenturyLink and
CLEC:
12.2.9.3.1 Connectivity Testing - CLEC and CenturyLink will conduct
connectivity testing. This test will establish the ability of the trading partners to
send and receive electronic messages effectively. This test verifies the
communications between the trading partners. Gonnectivity is established during
each phase of the implementation cycle. This test is also conducted prior to
controlled production and before going live in the production environment if CLEC
or CenturyLink has implemented environment changes when moving into
production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) regression testing:
CenturyLink's stand-alone testing environment will take pre-order and order
requests, pass them to the stand-alone database, and return responses to CLEC
during its development and implementation of application-to-application interface.
Regression testing-SATE provides CLEC the opportunity to validate its technica!
development efforts built via CenturyLink documentation without the need to
schedule test times. This testing verifies CLEC's ability to send correctly formatted
electronic transactions through the IMA system edits successfully for both new and
existing releases. SATE uses test account data supplied by CenturyLink.
CenturyLink will make additions to the test beds and test accounts as it introduces
new OSS electronic interface capabilities, including support of new products and
services, new interface features, and functionalities. All SATE pre-order queries
and orders are subjected to the same edits as production pre-order and order
transactions. This testing phase is optional.
12.2.9.3.3 SATE-progression testing: CLEC has the option of participating
with CenturyLink in progression testing to provide CLEC with the opportunity to
validate technical development efforts and to quantify processing results.
Progression testing provides CLEC the opportunity to validate its technical
development efforts built via CenturyLink documentation without the need to
schedule test times. This testing verifies CLEC's ability to send correctly formatted
electronic transactions through IMA system edits successfully for both new and
existing releases. SATE uses test account data supplied by CenturyLink.
CenturyLink wil! make additions to the test beds and test accounts as it introduces
new OSS electronic interface capabilities, including support of new products and
services, new interface features, and functionalities. All SATE pre-order queries
and orders are subjected to the same edits as production pre-order and order
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transactions. This testing phase is required.
12.2.9.3.4 Controlled Production - CenturyLink and CLEC will perform
controlled production. The controlled production process is designed to validate
the ability of CLEC to transmit electronic data that completely meets the
appropriate electronic transmission standards and complies with all CenturyLink
business rules. Controlled production consists of the controlled submission of
actual CLEC production requests to the CenturyLink production environment.
CenturyLink treats these pre-order queries and orders as production pre-order and
order transactions. CenturyLink and CLEC use controlled production results to
determine operational readiness. Controlled production requires the use of valid
account and order data. All certification orders are considered to be live orders
and wi!! be provisioned.
12.2.9.3.5 !f CLEC is using the application-to-application interface,
CenturyLink shall provide CLEC with a pre-allotted amount of time to complete
certification of its business scenarios. CenturyLink will allow CLEC a reasonably
sufficient amount of time during the day and a reasonably sufficient number of days
during the week to complete certification of its business scenarios consistent with
CLEC's business plan. lt is the sole responsibility of CLEC to schedule an
appointment with CenturyLink for certification of its business scenarios. CLEC
must make every effort to comply with the agreed upon dates and times scheduled
for the certification of its business scenarios. !f the certification of business
scenarios is delayed due to CLEC, it is the sole responsibility of CLEC to schedule
new appointments for certification of its business scenarios. CenturyLink wi!! make
reasonable efforts to accommodate CLEC schedule. Conflicts in the schedule
could result in certification being delayed. !f a delay is due to CenturyLink,
CenturyLink will honor CLEC's schedule through the use of alternative hours.
12.2.9.4 If CLEC is using the application-to-application interface, CLEC must work
with CenturyLink to certify the business scenarios that CLEC will be using in order to
ensure successful transaction processing. CenturyLink and CLEC shal! mutually agree to
the business scenarios for which CLEC requires certification. Certification will be granted
for the specified release of the interface. lf CLEC is certifying multiple products or
services, CLEC has the option of certifying those products or services serially or in paralle!
where Technically Feasible.
12.2.9.4.1 For a new software release or upgrade, CenturyLink will provide
CLEC a stable testing environment that mirrors the production environment in
order for CLEC to test the new release. For software releases and upgrades,
CenturyLink has implemented the testing processes set forth in Sections
12.2.9.3.2, 12.2.9.3.3 and 12.2.9.3.4.
12.2.9.5 New releases of the application-to-application interface may require re.
certification of some or all business scenarios. A determination as to the need for re-
certification will be made by the CenturyLink coordinator in conjunction with the release
manager of each IMA release. Notice of the need for re-certification wil! be provided to
CLEC as the new release is implemented. The suite of re-certification test scenarios will
be provided to CLEC with the disclosure document. lf CLEC is certifying multiple products
or services, CLEC has the option of certifying those products or services serially or in
parallel, where Technically Feasible.
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12.2.9.6 CLEC will contact the CenturyLink lmplementation Coordinator to initiate
the migration process. CLEC may not need to certiff to every new IMA application-to-
application release, however, CLEC must complete the re-certification and migration to
the new release within six (6) months of the deployment of the new release. CLEC will
use reasonable efforts to provide sufficient support and personnel to ensure that issues
that arise in migrating to the new release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initia! development and certification
of IMA application-to-application interface versions and migration to subsequent
application-to-application i nterface versions:
12.2.9.6.1.1 SATE regression or SATE progression
interoperability testing must begin on the prior release before the next
release is implemented. Otherwise, CLEC will be required to move its
implementation plan to the next release.
12.2.9.6.1.2 New IMA application-to-application users must be
certified and in production with at least one (1) product and one (1) order
activity type on a prior release two (2) months after the implementation of
the next release. Othenrise, CLEC will be required to move its
implementation plan to the next release.
12.2.9.6.1.3 Any lMA application-to-application userthat has been
placed into production on the prior release not later than two (2) months
after the next release implementation may continue certifying additional
products and activities until two (2) months prior to the retirement of the
release. To be placed into production, the products/order activities must
have been tested in the SATE environment before two (2) months after the
implementation of the next release.
12.2.9.7 CLEC wi!! be expected to executethe re-certification test cases in the stand
alone test environment. CLEC wil! provide Purchase Order Numbers (PONs) of the
successfu! test cases to CenturyLink.
12.2.9.8 ln addition to the testing set forth in other sections of Section 12.2.9, upon
request by CLEC, CenturyLink sha!!enter into negotiations for comprehensive production
test procedures. ln the event that agreement is not reached, CLEC shall be entitled to
employ, at its choice, the Dispute Resolution procedures of this Agreement or expedited
resolution through request to the state Commission to resolve any differences. ln such
cases, CLEC shall be entitled to testing that is reasonably necessary to accommodate
identified business plans or operations needs, accounting for any other testing relevant to
those plans or needs. As part of the resolution of such dispute, there sha!! be considered
the issue of assigning responsibility for the costs of such testing. Absent a finding that the
test scope and activities address issues of common interest to the CLEC community, the
costs shall be assigned to CLEC requesting the test procedures.
12.2.10 CLEC Support
12.2.10.1 CenturyLink shall provide documentation and assistance for CLEC to
understand how to implement and use all of the available OSS functions. CenturyLink
shall provide to CLEC in writing any internal business rules and other formatting
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information necessary to ensure that CLEC's requests and orders are processed
efficiently. This assistance will include, but is not limited to, contacts to the CLEC account
team, training, documentation, and CLEC Help Desk. CenturyLink will also supply CLEC
with an escalation leve! contact list in the event issues are not resolved via contacts to the
CLEC account team, training, documentation and CLEC Help Desk.
12.2.10.2 CLEC Help Desk
12.2.10.2.1 The CLEC Systems Help Desk will provide a single point of entry
for CLEC to gain assistance in areas involving connectivity, system availability,
and file outputs. The CLEC Systems Help Desk areas are further described below.
12.2.10.2.1.1 Connectivity covers trouble with CLEC's access to
the CenturyLink system for hardware configuration requirements with
relevance to application-to-application and GU! interfaces; software
configuration requirements with relevance to application-to-application and
GUI interfaces; modem configuration requirements, T1 configuration and
dial-in string requirements, firewal! access configuration, web-services
configuration, SecurlD configuration, Profile Setup, and password
verification.
12.2.10.2.1.2 System Availability covers system errors generated
during an attempt by CLEC to place orders or open trouble reports through
application-to-application and GUI interfaces. These system errors are
limited to: Design Services and Repair.
12.2.10.2.1.3 File Outputs covers CLEC's output files and reports
produced from its usage and order activity. File outputs system errors are
limited to: Daily Usage File; Loss / Completion File, CABS Bill, CRIS
Summary Bill, Category 11 Report and SAG/FAM Reports.
12.2.10.3 Additional assistance to CLEC is available through various public web
sites. These web sites provide electronic interface training information and user
documentation and technical specifications and are located on CenturyLink's wholesale
web site. CenturyLink will provide lnterconnect Service Center Help Desks which will
provide a single point of contact for CLEC to gain assistance in areas involving order
submission and manual processes.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, will be billed at rates set forth in ExhibitA. Any such rates will be consistent with Existing Rules. CenturyLink shal! not impose any
recurring or nonrecurring OSS charges unless and untilthe Commission authorizes CenturyLink
to impose such charges and/or approves applicable rates at the completion of appropriate cost
docket proceedings.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 CenturyLink will provide repair and maintenance for al! services covered by
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this Agreement in substantially the same time and manner as that which CenturyLink
provides for itself, its End User Customers, its Affiliates, or any other par$. CenturyLink
shall provide CLEC repair status information in substantially the same time and manner
as CenturyLink provides for its retailservices.
12.3.1.2 During the term of this Agreement, CenturyLink will provide necessary
maintenance business process support to allow CLEC to provide similar service quality to
that provided by CenturyLink to itsell its End User Customers, its Affiliates, or any other
party.
12.3.1.3 CenturyLink will perform repair service that is substantially the same in
timeliness and quality to that which it provides to itself, its End User Customers, its
Affiliates, or any other party. Trouble calls from CLEC shal! receive response time priority
that is substantially the same as that provided to CenturyLink, its End User Customers, its
Affiliates, or any other party and shall be handled in a nondiscriminatory manner.
12.3.2 Branding
12.3.2.1 CenturyLink shall use unbranded Maintenance and Repair forms while
interfacing with CLEC End User Customers. Upon request, CenturyLink shall use CLEC
provided and branded Maintenance and Repairforms. CenturyLink may not unreasonably
interfere with branding by CLEC.
12.3.2.2 Except as specifically permitted by CLEC, in no event shall CenturyLink
provide information to CLEC subscribers about CLEC or CLEC product or services.
12.3.2.3 This section shall confer on CenturyLink no rights to the service marks,
trademarks and trade names owned by or used in connection with seruices offered by
CLEC or its Affiliates, except as expressly permitted by CLEC.
12.3.3 Service lnterruptions
12.3.3.1 The characteristics and methods of operation of any circuits, facilities or
equipment of either Party connected with the services, facilities or equipment of the other
Party pursuant to this Agreement shall not: 1) interfere with or impair service over any
facilities of the other Party, its affiliated companies, or its connecting and concurring
Carriers involved in its services; 2) cause damage to the plant of the other Party, its
affiliated companies, or its connecting concurring Carriers involved in its services; 3)
violate any Applicable Law or regulation regarding the invasion of privacy of any
communications carried over the Party's facilities; or 4) create hazards to the employees
of either Party or to the public. Each of these requirements is hereinafter referred to as
an "lmpairment of Service."
12.3.3.2 !f it is confirmed that either Party is causing an lmpairment of Service, as
set forth in this Section, the Party whose network or service is being impaired (the
"!mpaired Party") shall promptly notify the Party causing the lmpairment of Service (the
"lmpairing Party") of the nature and location of the problem. The lmpaired Party shall
advise the lmpairing Party that, unless promptly rectified, a temporary discontinuance of
the use of any circuit, facility or equipment may be required. The lmpairing Party and the
lmpaired Party agree to work together to attempt to promptly resolve the lmpairment of
Service. lf the lmpairing Party is unable to promptly remedy the lmpairment of Service,
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the lmpaired Party may temporarily discontinue use of the affected circuit, facility or
equipment.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service
provided by each Party to the other under this Agreement, each Party shall designate a
repair center for such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the
designated repair center. This number shallgive access to the location where records are
normally located and where current status reports on any trouble reports are readily
available. lf necessary, alternative out-of-hours procedures shal! be established to ensure
access to a location that is staffed and has the authority to initiate corrective action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts to
isolate the trouble to the other's facilities.
12.3.3.5.1 ln cases where a trouble condition affects a significant portion of
the other's service, the Parties shallassign the same priority provided to CLEC as
itself, its End User Customers, its Affiliates, or any other party.
12.3.3.5.2 The Parties shallcooperate in isolating trouble conditions.
12.3.4 Trouble lsolation
12.3.4.1 CLEC is responsible for its own End User Customer base and willhave the
responsibility for resolution of any service trouble report(s) from its End User Customers.
CLEC will perform trouble isolation on services it provides to its End User Customers to
the extent the capability to perform such trouble isolation is available to CLEC, prior to
reporting trouble to CenturyLink. CLEC shall have access for testing purposes at the
Demarcation Point, NlD, or Point of lnterface. CenturyLink will work cooperatively with
CLEC to resolve trouble reports when the trouble condition has been isolated and found
to be within a portion of CenturyLink's network. CenturyLink and CLEC will report trouble
isolation test results to the other. Each Party shall be responsible for the costs of
performing trouble isolation on its facilities, subject to Sections 12.3.4.2 and 12.3.4.3.
12.3.4.2 When CLEC requests that CenturyLink perform trouble isolation with
CLEC, a Maintenance of Service Miscellaneous Charge or a Trouble lsolation charge
applies if the trouble is found to be on CLEC's side or on the End User Customer's side of
the Demarcation Point. lf the trouble is on the End User Customer's side of the
Demarcation Point, CLEC is required to perform its own maintenance.
12.3.4.3 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. lf a trouble ticket with test results is accepted
by CenturyLink, and CenturyLink determines that the trouble is on the CLEC or the End
User Customer's side of the Loop Demarcation Point, a Maintenance of Service
Miscellaneous Charge or a Trouble lsolation Charge applies. When CLEC elects not to
perform trouble isolation and CenturyLink performs tests at CLEC request, a Maintenance
of Service Miscellaneous Charge or a Trouble lsolation charge applies if the trouble is not
in CenturyLink's facilities, including CenturyLink's facilities leased by CLEC. When trouble
is found on CenturyLink's side of the Demarcation Point, or Point of lnterface, during the
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investigation of the initial or repeat trouble report for the same line or circuit within thirty
(30) Days, Maintenance of Service Miscellaneous Charges or Trouble lsolation Charges
shall not apply.
12.3.5 lntentionally Left Blank
12.3.6 lntentionally Left Blank
12.3.7 Work Center lnterfaces
12.3.7.1 CenturyLink and CLEC shall work cooperatively to develop positive, close
working relationships among corresponding work centers involved in the trouble resolution
processes.
12.3.8 lntentionally Left Blank
1 2.3.9 Major Outages/Restoral/Notification
12.3.9.1 CenturyLink will notify CLEC of major network outages in substantially the
same time and manner as it provides itself, its End User Customers, its Affiliates, or any
other party. This notification wil! be via e-mailto CLEC's identified contact. With the minor
exception of certain Proprietary lnformation such as Customer information, CenturyLink
will utilize the same thresholds and processes for external notification as it does for interna!
purposes. This major outage information will be sent via e-mail on the same schedule as
is provided internally within CenturyLink. The email notification schedule shall consist of
initial report of abnormalcondition and estimated restoration time/date, abnormalcondition
updates, and final disposition. Service restoration will be non-discriminatory, and wil! be
accomplished as quickly as possible according to CenturyLink and/or industry standards.
12.3.9.2 CenturyLink will meet with associated personnel from CLEC to share
contact information and review CenturyLink's outage restoral processes and notification
processes.
12.3.9.3 CenturyLink's emergency restoration process operates on a7X24 basis.
12.3.10 Protective Maintenance
12.3.10.1 CenturyLink will perform scheduled maintenance of substantially the same
type and quality to that which it provides to itself, its End User Customers, its Affiliates, or
any other party.
12.3.10.2 CenturyLink will work cooperatively with CLEC to develop industry-wide
processes to provide as much notice as possible to CLEC of pending maintenance activity.
CenturyLink shall provide notice of potentially CLEC Customer impacting maintenance
activity, to the extent CenturyLink can determine such impact, and negotiate mutually
agreeable dates with CLEC in substantially the same time and manner as it does for itself,
its End User Customers, its Affiliates, or any other party.
12.3.10.3 CenturyLink shall advise CLEC of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by CenturyLink on any services,
including, to the extent CenturyLink can determine, any hardware, equipment, software,
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or system providing service functionality which may potentially impact CLEC and/or CLEC
End User Customers. CenturyLink shall provide the maximum advance notice of such
non-scheduled maintenance and testing activity possible, under the circumstances;
provided, however, that CenturyLink shall provide emergency maintenance as promptly
as possible to maintain or restore service and shall advise CLEC promptly of any such
actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 CenturyLink's repair operation is seven (7) Days a week, twenty-four (24)
hours a day. Not allfunctions or locations are covered with scheduled employees on a
7X24 basis. Where such 7X24 coverage is not available, CenturyLink's repair operations
center (always available 7X24) can call-out technicians or other personnel required for the
identified situation.
12.3.12 Escalations
12.3.12.1 CenturyLink will provide trouble escalation procedures to CLEC. Such
procedures will be substantially the same type and quality as CenturyLink employs for
itself, its End User Customers, its Affiliates, or any other party. CenturyLink escalations
are manual processes.
12.3.12.2 CenturyLink repair escalations may be initiated by either calling the trouble
reporting center or through the electronic interfaces. Escalations sequence through five
tiers: tester, duty supervisor, manager, director, vice president. The first escalation point
is the tester. CLEC may request escalation to higher tiers in its sole discretion.
Escalations status is available through telephone and the electronic interfaces. Electronic
escalation is not available for non-designed products.
12.3.12.3 CenturyLink shall handle chronic troubles on non-designed services, which
are those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant to
Section 12.2.2.1.
12.3.13 Dispatch
12.3.13.1 CenturyLink will provide maintenance dispatch personnel in substantially
the same time and manner as it provides for itself, its End User Customers, its Affiliates,
or any other party.
12.3.13.2 Upon the acceptance of a complete and accurate trouble report from
CLEC, CenturyLink wil! follow internal processes and industry standards, to resolve the
repair condition. CenturyLink will dispatch repair personne! on occasion to repair the
condition. !t will be CenturyLink's decision whether or not to send a technician out on a
dispatch. CenturyLink reserves the rightto make this dispatch decision based on the best
information available to it in the trouble resolution process. lt is not atways necessary to
dispatch to resolve trouble; should CLEC require a dispatch when CenturyLink believes
the dispatch is not necessary, appropriate Miscellaneous Charges for dispatch will be
billed by CenturyLink to CLEC if CenturyLink can demonstrate that the dispatch was in
fact unnecessary to the clearance of trouble or the trouble is identified to be caused by
CLEC facilities or equipment.
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12.3.13.3 For POTS lines and designed service circuits, GenturyLink is responsible
for al! Maintenance and Repair of the line or circuit and will make the determination to
dispatch to locations other than the CLEC Customer premises without prior CLEC
authorization. For dispatch to the CLEC Customer premises CenturyLink shall obtain prior
CLEC authorization with the exception of major outage restoration, cable rearrangements,
and MTE termina! maintenance/replacement.
12.9.14 Trouble Reporting
12.3.14.1 CLEC may submit trouble reports through the Electronic Bonding or GUI
interfaces provided by CenturyLink. Trouble tickets created electronically in CEMR may
be viewed at any time after creation.
12.3.14.2 Manually reported trouble tickets may be accessed by CLEC through
electronic interfaces when the ticket has been closed. CLEC will only be able to view the
history on the account.
12.3.15 lntervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of CenturyLink End
User Customers or on behalf of CLEC End User Customers, will receive commitment
intervals in substantially the same time and manner as CenturyLink provides for itself, its
End User Customers, its Affiliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 CenturyLink wi!! notify CLEC, in substantially the same time and manner
as CenturyLink provides this information to itself, its End User Customers, its Affiliates, or
any other party, that a trouble report commitment (appointment or interval) has been or is
likely to be missed. At CLEC option, notification may be sent by email or fax through the
electronic interface. CLEC may telephone CenturyLink repair center or use the electronic
interfaces to obtain jeopardy status. A jeopardy, caused by either CLEC or CenturyLink,
endangers completing provisioning and/or installation processes and impacts meeting the
schedule due date of CLEC's service request. When CLEC's service request is in
jeopardy, CenturyLink notifies CLEC via a status update, email, jeopardy notification,
telephone cal!, and/or FOC (Firm Order Confirmation). The purpose of the jeopardy
notification is to identify jeopardy conditions to CLEC that impact meeting the scheduled
due date of CLEC's service requests.
12.3.17 Trouble Screening
12.3.17.1 CLEC shall screen and test its End User Customer trouble reports
completely enough to insure, to the extent possible, that it sends to CenturyLink only
trouble reports that involve CenturyLink facilities. For services and facilities where the
capability to test all or portions of the CenturyLink network service or facility rest with
CenturyLink, CenturyLink will perform test isolation and test the service and facility on
behalf of CLEC.
12.3.18 Maintenance Standards
12.3.18.1 CenturyLink will cooperate with CLEC to meet the maintenance standards
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outlined in this Agreement.
12.3.18.2 On manually reported trouble, CenturyLink will inform CLEC of repair
completion in substantially the same time and manner as CenturyLink provides to itself,
its End User Customers, its Affiliates, or any other par$. On electronically reported trouble
reportsthe electronic system wil! automatically update status information, including trouble
completion, across the joint electronic gateway as the status changes.
12.3.19 lntentionally Left Blank
12.3.20 Repair CallHandling
12.3.20.1 Manually-reported repair calls by CLEC to CenturyLink wil! be answered
with the same quality and speed as CenturyLink answers calls from its own End User
Customers.
12.3.21 Single Point of Contact
12.3.21.1 CenturyLink will provide a single point of contact for CLEC to report
maintenance issues and trouble reports seven (7) Days a week, twenty-four (24) hours a
day. A single 7X24 trouble reporting telephone number will be provided to CLEC for each
category of trouble situation being encountered.
12.3.22 Network !nformation
12.3.22.1 CenturyLink will notify CLEC of changes to its network or LERG
amendments in accordance with the FCC rules, an in substantially the same manner and
timeframe as CenturyLink makes such network information availablefor itself, its End User
Customers, its Affiliates, or any other pafi.
12,3.23 Maintenance Windows
12.3.23.1 Generally, CenturyLink performs major Switch maintenance activities off-
hours, during certain "maintenance windows.' Major Switch maintenance activities
include Switch conversions, Switch generic upgrades and Switch equipment additions.
12.3.23.2 Generally, the maintenance window is between 10:00 p.m. through 6:00
a.m. Monday through Friday, and Saturday 10:00 p.m. through Monday 6:00 a.m.,
Mountain Time. Although CenturyLink normally does major Switch maintenance during
the above maintenance window, there will be occasions where this will not be possible.
CenturyLink wil! provide notification of any and al! maintenance activities that may impact
CLEC ordering practices such as embargoes, moratoriums, and quiet periods in
substantially the same time and manner as CenturyLink provides this information to itself,
its End User Customers, its Affiliates, or any other party.
12.3.24 Switch and Frame Conversion Service Order Practices
12.3.24.1 Switch Conversions. Switch conversion activity generally consists of the
removal of one Switch and its replacement with another. Generic Switch software or
hardware upgrades, the addition of Switch line and trunk connection hardware and the
addition of capacity to a Switch do not constitute Switch conversions.
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12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch Ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion
time typically is set for midnight of the Conversion Date. This may cause the actual
Conversion Date to migrate into the early hours of the day after the planned Conversion
Date.
12.3.24.4 Conversion Embargoes. A Switch orframe conversion embargo isthetime
period that the Switch or frame Trunk Side facility connections are frozen to facilitate
conversion from one Switch or frame to another wilh minimal disruption to the End User
Customer or CLEC services. During the embargo period, CenturyLink will reject orders
for Trunk Side facilities (see Section 12.3.24.4.1) other than conversion orders described
in Section 12.3.24.4.3. Notwithstanding the foregoing and to the extent CenturyLink
provisions trunk or trunk facility related service orders for itself, its End User Customers,
its Affiliates, or any other pafi during embargoes, CenturyLink shall provide CLEC the
same capabilities.
12.3.24.4.1 ASRs for Switch or frame Trunk Side facility augments to capacity
or changes to Switch or frame Trunk Side facilities must be issued by CLEC with
a Due Date prior to or after the appropriate embargo interval. CenturyLink shal!
reject Switch or frame Trunk Side ASRs to augment capacity or change facilities
issued by CLEC or CenturyLink, its End User Customers, its Affiliates or any other
party during the embargo period, regardless of the order's Due Date except for
conversion ASRs described in Section 12.3.24.4.3.
12.3.24.4.2 For Switch and Trunk Side frame conversions, CenturyLink shall
provide CLEC with conversion trunk group service requests (TGSR) no less than
ninety (90) Days before the Conversion Date.
12.3.24.4.3 For Switch and Trunk Side frame conversions, CLEC shall issue
facility conversion ASRs to CenturyLink no later than thirty (30) Days before the
Conversion Date for like-for-like, where CLEC mirrors their existing circuit design
from the old Switch orframe to the new Switch orframe, and sixty (60) Days before
the Conversion Date for addition of trunk capacity or modification of circuit
characteristics (i.e., change of AMlto B8ZS).
12.3.24.5 Frame Embargo Period. During ftame conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities connected to the
affected frame. For conversion of trunks where CLEC minors their existing circuit design
from the old frame to the new frame on a like-for-like basis, such embargo period shall
extend from thirty (30) Days prior to the Conversion Date until five (5) Days after the
Conversion Date. lf CLEC requests the addition of trunk capacity or modification of circuit
characteristics (i.e., change of AMI to BSZS) to the new frame, new facility ASRs shall be
placed, and the embargo period shallextend from sixty (60) Days prior to the Conversion
Date until five (5) Days after the Conversion Date. Prior to instituting an embargo period,
CenturyLink shall identify the particular dates and locations for frame conversion embargo
periods in substantially the same time and manner as CenturyLink notifies itself, its End
User Customers, Affiliates, or any other party.
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12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and
ASRs shall be subject to an embargo period for services and facilities associated with the
Trunk Side of the Switch. For conversion of trunks where CLEC mirrors their existing
circuit design from the old Switch to the new Switch on a like-for-like basis, such embargo
period shall extend from thirty (30) Days prior to the Conversion Date unti! five (5) Days
after the Conversion Date. !f CLEC requests the addition of trunk capacity or modification
of circuit characteristics to the new Switch, new facility ASRs shall be placed, and the
embargo period shall extend from sixty (60) Days prior to the Conversion Date until five
(5) Days after the Conversion Date. Prior to instituting an embargo period, CenturyLink
shall identify the particular dates and locations for Switch conversion embargo periods in
substantially the same time and manner as CenturyLink notifies itself, its End User
Customers, Affiliates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due
Dates, with the exception of LSRs that result in disconnect orders, including those related
to LNP orders, record orders, Billing change orders for non-switched products, and
emergency orders.
12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet
periods create the potential for loss of End User Customer service due to manual
operational processes caused by the Switch or frame conversion. LSRs of any
kind issued during the Switch or frame conversion quiet periods wi!! be handled as
set forth below, with the understanding that CenturyLink shall use its best efforts
to avoid the loss of End User Customer service. Such best efforts shall be
substantially the same time and manner as CenturyLink uses for itself, its End User
Customers, its Affiliates, or any other party.
12.3.24.7.2 The quiet period for Switch conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed for the
affected location, extends from five (5) Days prior to conversion untiltwo (2) Days
after the conversion.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except
those requesting order activity described in 12.3.24.7 are processed or the affected
location, extends from five (5) Days prior to conversion until two (2) Days after the
conversion.
12.3.24.7.4 LSRs, except those requesting order activity described in
12.3.24.7, (i) must be issued with a Due Date prior to or after the conversion quiet
period and (ii) may not be issued during the quiet period. LSRs that do not meet
these requirements will be rejected by CenturyLink.
12.3.24.7.5 LSRs requesting disconnect activity issued during the quiet
period, regardless of requested Due Date, will be processed after the quiet period
expires.
12.3.24.7.6 CLEC may request a Due Date change to a LNP related
disconnect scheduled during quiet periods up to 12:00 noon Mountain Time the
Day prior to the scheduled LSR Due Date. Such changes shall be requested by
issuing a supplemental LSR requesting a Due Date change. Such changes shall
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be handled as emergency orders by CenturyLink.
12.3.24.7.7 CLEC may request a Due Date change to a LNP related
disconnect order scheduled during quiet periods after 12:00 noon Mountain Time
the Day prior to the scheduled LSR Due Date until 12 noon Mountain Time the Day
after the scheduled LSR Due Date. Such changes shall be requested by issuinga supplemental LSR requesting a Due Date change and contacting the
lnterconnect Service Center. Such changes shall be handled as emergency
orders by CenturyLink.
12.3.24.7.8 In the event that CLEC End User Customer service is
disconnected in error, CenturyLink will restore service in substantially the same
time and manner as CenturyLink does for itself, its End User Customers, its
Affiliates, or any other party. Restoration of CLEC End User Customer service wi!!
be handled through the LNP escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are
not subject to the Switch conversion embargoes or quiet periods described above. lf such
generic Switch or software upgrades require significant activity related to translations, an
abbreviated embargo and/or quiet period may be required. CenturyLink shall implement
service order embargoes and/or quiet periods during Switch upgrades in substantially the
same time and manner as CenturyLink does for itself, its End User Customers, its
Affiliates, and any other party.
12.3.24.9 Switch Line and Trunk Hardware Additions. CenturyLink shall use its best
efforts to minimize CLEC service order impacts due to hardware additions and
modifications to CenturyLink's existing Switches. CenturyLink shall provide CLEC
substantially the same service order processing capabilities as CenturyLink provides itself,
its End User Customers, Affiliates, or any other party during such Switch hardware
additions.
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Access to Telephone Numbers
Section 13.0 -ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Centra! Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the lndustry Numbering Committee (lNC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99.0127-023, when these Guidelines are implemented bythe FCC or Commission
Order. The latest version of the Guidelines will be considered the current standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with industry guidelines and Commission rules, including
those sections requiring the accurate reporting of data to the NANPA.
13.3 !t sha!! be the responsibility of each Party to program and update its own Switches
and network systems pursuant to the Loca! Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party's assigned NXX or NXX-X codes. Neither Party shall impose any
fees or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectiff inaccuracies in its LERG data. Each Par$ wi!!
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for loca! and access tandems. Each Party is responsible for updating the LERG
data for NXX codes assigned to its End Offtce Switches. Each Pafi shal! use the LERG
published by Telcordia or its successor for obtaining routing information and shall provide through
an authorized LERG input agent, all required information regarding its network for maintaining the
LERG in a timely manner.
13.5 Each Party shall be responsible for notifying its End User Customers of any
changes in numbering or dialing arrangements to include changes such as the introduction of
new NPAs.
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Sec'tion 14
Local Diding Parity
Sectlon {4,0 - LOCAL DIALING PARITY
14.1 The Parties shall provide local Dialing Partty to each other as required under
Section 251(bX3) of theAct. CenturyLink will provide local Dialing Parig to competing providers
of Telephone Exchange Service and telephone toll service wtth no unreasonable dialing ddays.
CLEC may elect to route all of its End User Customers' calb in the same manner as GenturyLink
rorfres its End User Customers' calls, for a given cal! type (e.9., 0, 0+, 1+,411).
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lnbntonally LeftElank
Section 15.0 - INTENTIONALLY LEFT BLANK
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Sectlon I 6.0 - INTENTIONALLY LEFT BI-ANK
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Section 17
Section 17.0 - BONA FIDE REQUEST PROCESS
17.1 Any request for lnterconnection or access to an ancillary service that is not already
available as described in other sections of this Agreement, including but not limited to Exhibit F
or any other interconnection agreement, Tariff or otherwise defined by CenturyLink as a product
or service shall be treated as a Bona Fide Request (BFR). CenturyLink shal! use the BFR Process
to determine the terms and timetable for providing the requested lnterconnection or ancillary
services, and the technical feasibility of neddifferent points of lnterconnection. CenturyLink will
administer the BFR Process in a non-discriminatory manner.
17.2 A BFR shall be submitted in writing and on the appropriate CenturyLink form for
BFRs. CLEC and CenturyLink may work together to prepare the BFR form and either Pafi may
request that such coordination be handled on an expedited basis. Thls form shall be accompanied
by the processing fee specified in Exhibit A of this Agreement. CenturyLink will refund one-half
(112) of the processing fee if the BFR is cancelled within ten (10) business days of the receipt of
the BFR form. The form will request, and CLEC will need to provide, the following information,
and may also provide any additional information that may be reasonably necessary in describing
and analyzing CLEC's request:
17.2.1 a technical description of each requested neWdifferent points of
!nterconnection or ancillary services;
17.2.2 the desired interface specification;
17.2.3 each requested type of lnterconnection or access;
17.2.4 a statement that the lnterconnection or ancillary service will be used to
provide a Telecommunications Service;
17.2.5 the quantity requested; and
17.2.6 the specific location requested
17.3 Within two (2) business days of its receipt, CenturyLink shall acknowledge receipt
of the BFR and in such acknowledgment, advise CLEC of missing information, if any, necessary
to process the BFR. Thereafter, CenturyLink shall promptly advise CLEC of the need for any
additional information required to complete the analysis of the BFR. !f requested, either orally or
in writing, CenturyLink will provide weekly updates on the status of the BFR.
17 .4 Within twenty-one (21) Days of its receipt of the BFR and all information necessary
to process it, CenturyLink shall provide to CLEC an analysis of the BFR. The analysis sha!!
speciff CenturyLink's conclusions as to whether or not the requested lnterconnection or complies
with the Act or state law.
17.5 lf CenturyLink determines during the twenty-one (21) Day period that a BFR does
not qualify as an lnterconnection or ancillary service that is required to be provided under the Act
or state law, CenturyLink shal! advise CLEC as soon as reasonably possible of that fact, and
CenturyLink shall promptly, but in no case later than the twenty-one (21) Day period, provide a
written report setting forth the basis for its conclusion.
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17.6 lf CenturyLink determines during such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify CLEC in writing of such determination within ten
(10) Days, but in no case later than the end of such twenty-one (21) Day period.
17.7 As soon as feasible, but in any case, within forty-five (45) Days after CenturyLink
notifies CLEC that the BFR qualifies under the Act, CenturyLink shall provide to CLEC a BFR
quotation. The BFR quotation will include, at a minimum, a description of each lnterconnection,
and ancillary service, the quantity to be provided, any interface specifications, and the applicable
rates (recurring and nonrecurring) including the separately stated development costs and
construction charges of the lnterconnection or ancillary service and any minimum volume and
term commitments required, and the timeframes the request will be provisioned.
17.8 CLEC has sixty (60) business days upon receipt of the BFR quotation, to either
agree to purchase under the quoted price, or cancel its BFR.
17.9 lf CLEC has agreed to minimum volume and term commitments under the
preceding paragraph, CLEC may cancelthe BFR or volume and term commitment at any time,
but may be subject to termination liability assessment or minimum period charges.
17.10 lf either Party believes that the other Party is not requesting, negotiating or
processing any BFR in good faith, or disputes a determination or quoted price or cost, it may
invoke the Dispute Resolution provision of this Agreement.
17.11 All time intervals within which a response is required from one Party to another
under this Section are maximum time intervals. Each Party agrees that it wil! provide all
responses to the other Pafi as soon as the Party has the information and analysis required to
respond, even if the time interval stated herein for a response is not over.
17.12 ln the event CLEC has submitted a request for lnterconnection or ancillary services
and CenturyLink determines in accordance with the provisions of this Section 17 that the request
is Technically Feasible, subsequent requests or orders for substantially similar types of
lnterconnection or ancillary services by CLEC shall not be subject to the BFR process. To the
extent CenturyLink has deployed or denied a substantially similar !nterconnection or ancillary
services under a previous BFR, a subsequent BFR shal! not be required and the BFR application
fee shall be refunded immediately. CenturyLink may only require CLEC to complete a New
Product Questionnaire before ordering such lnterconnection or ancillary services. ICB pricing
and intervals will stil! apply for requests that are not yet standard offerings. For purposes of this
Section 17.12, a "substantially simila/'request shall be one with substantially similar
characteristics to a previous request with respect to the information provided pursuant to
Subsections 17.2.1 through 17.2.8 of Section 17.2 above. The burden of proof is upon
CenturyLink to prove the BFR is not substantially similar to a previous BFR.
17.13 The tota! cost charged to CLEC shall not exceed the BFR quoted price.
17.14 Upon request, CenturyLink shall provide CLEC with CenturyLink's supporting cost
data and/or studies for the lnterconnection or ancillary service that CLEC wishes to order within
seven (7) business days, except where CenturyLink cannot obtain a release from its vendors
within seven (7) business days, in which case CenturyLink will make the data available as soon
as CenturyLink receives the vendor release. Such cost data shall be treated as Confidential
lnformation, if requested by CenturyLink under the non-disclosure sections of this Agreement.
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17.15 CenturyLink will provide notice to CLECs of all BFRs which have been deployed or
denied, provided, however, that identifying information such as the name of the requesting CLEC
and the location of the request shal! be removed. CenturyLink shall make available a topica! list
of the BFRs that it has received from CLECS. The description of each item on that list shal! be
sufficient to allow CLEC to understand the general nature of the product, service, or combination
thereof that has been requested and a summary of the disposition of the request as soon as it is
made. CenturyLink shall also be required upon the request of CLEC to provide sufficient details
about the terms and conditions of any granted requests to a!!ow CLEC to take the same offering
under substantially identical circumstances. CenturyLink shall not be required to provide
information about the request initially made by CLEC whose BFR was granted, but must make
available the same kinds of information about what it offered in response to the BFR as it does
for other products or services available under this Agreement. CLEC shall be entitled to the same
offering terms and conditions made under any granted BFR, provided that CenturyLink may
require the use of lCB pricing where it makes a demonstration to CLEC of the need therefore.
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18.1
18.2
Section 18
Audit Process
Section {8.0 - AUDIT PROCESS
For purposes of this section the following definitions shall apply:
18.1.1 'Audit" shall mean the comprehensive review of the books, records, and
other documents used in providing services under this Agreement. The term 'Audit" also
applies to the investigation of company records, back office systems and databases
pertaining to Loop information.
18.1.2 "Examination" shal! mean an inquiry into a specific element or process
related to the above. Commencing on the Effective Date of this Agreement, either Party
may perform Examinations as either Party deems necessary.
This Audit shalltake place under the following conditions:
18.2.1 Either Party may request to perform an Audit or Examination.
18.2.2 The Audit or Examination shall occur upon thirty (30) business days written
notice by the requesting Party to the non-requesting Party.
18.2.3 The Audit or Examination shall occur during normal business hours.
However, such Audit will be conducted in a commercially reasonable manner and both
Parties will work to minimize disruption to the business operations of the Party being
audited.
18.2.4 There shall be no more than two (2) Audits requested by each Party under
this Agreement in any twelve (12) month period. Either Party may audit the other Party's
books, records and documents more frequently than twice in any twelve (12) month period
(but no more than once in each quarter) if the immediately preceding audit found
previously uncorrected net variances, inaccuracies or errors in invoices in the audited
Party's favor with an aggregate value of at least two percent (2o/o) of the amounts payable
for the affected services during the period covered by the Audit.
18.2.5 The requesting Party may review the non-requesting Party's records,
books and documents, as may reasonably contain information relevant to the operation of
this Agreement.
18.2.6 The location of the Audit or Examination shall be the location where the
requested records, books and documents are retained in the normal course of business.
18.2.7 All transactions under this Agreement which are over twenty-four (24)
months prior to the date of request will be considered accepted and no longer subject to
Audit. ln the event an audit is initiated, the Parties agree to retain records of all
transactions under this Agreement for at least twenty-four (24) months
and all subsequent transactions will also be subject to audit.
18.2.8 Audit or Examination Expenses
18.2.8.1 Each Party shall bear its own expenses in connection with
conduct of the Audit or Examination. The requesting Party will pay for the
reasonable cost of special data extractions required by the Party to conduct the
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Section 18
Audit Process
Audit or Examination. For purposes of this section, a "Special Data Extraction"
means the creation of an output record or informational report (from existing data
files) that is not created in the normal course of business. !f any program is
developed to the requesting Party's specification and at that Party's expense, the
requesting Party will specify at the time of request whether the program is to be
retained by the other Party for reuse for any subsequent Audit or Examination.
18.2.8.2 Notwithstanding the foregoing, the non-requesting Party shall pay
all of the requesting Party's commercially reasonable expenses in the event an
Audit or Examination identifies a difference between the amount billed and the
amount determined by the Audit that exceeds five percent (5%) of the amount
billed and results in a refund and/or reduction in the Billing to the requesting Party.
18.2.9 The Party requesting the Audit may request that an Audit be conducted by
a mutually agreed-to independent auditor, which agreement will not be unreasonably
withheld or delayed by the non-requesting Pafi. Under this circumstance, the costs of
the independent auditor sha!! be paid for by the Party requesting the Audit subject to
Section 18.2.8.2.
18.2.10 ln the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shal! mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties. The portion of this expense borne by the requesting
Party shall be borne by the non-requesting Party if the terms of Section 18.2.8.2 are
satisfied.
18.2.11 Adjustments, credits or payments will be made and any corrective action
must commence within thirty (30) Days after the Parties' receipt of the final Audit report to
compensate for any enors and omissions which are disclosed by such Audit or
Examination and are agreed to by the Parties. The interest rate payable shall be in
accordance with Commission requirements. !n the event that any of the following
circumstances occur within thirty (30) business days after completion of the Audit or
Examination, they may be resolved at either Party's election, pursuant to the Dispute
Resolution Process; (i) errors detected by the Audit or Examination have not been
corrected; (ii) adjustments, credits or payments due as a result of the Audit or Examination
have not been made, or (iii) a dispute has arisen concerning the Audit or Examination.
18.2.12 Neitherthe rightto examine and Audit northe rightto receive an adjustment
will be affected by any statement to the contrary appearing on checks or otherwise.
18.2.13 This Section wil! survive expiration or termination of this Agreement for a
period of two (2) years after expiration or termination of the Agreement.
18.3 All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary !nformation as defined by this
Agreement in Section 5.16. The non-requesting Party reserves the right to require any non-
employee who is involved directly or indirectly in any Audit or the resolution of its findings as
described above to execute a nondisclosure agreement satisfactory to the non-requesting Party.
To the extent an Audit involves access to information of other competitors, CLEC and CenturyLink
will aggregate such competitors' data before release to the other Party, to insure the protection of
the proprietary nature of information of other competitors. To the extent a competitor is an Affiliate
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Section 18
Audit Process
of the Party being audited (including itseff and its subsidiaries), the Parties shall be allowed to
examine such Affiliate's disaggregated data, as required by reasonable needs of the Audit.
lnformation provided in an Audit or Examination may only be reviewed by individuals with a need
to know such information for purposes of this Section 18 and who are bound by the nondisclosure
obligations set forth in Section 5.16. ln no case shallthe Confidential lnformation be shared with
the Parties' retai! marketing, sales or strategic planning.
18.3.1 Either Party may request an Audit of the other's compliance with this
Agreement's measures and requirements applicable to limitations on the distribution,
maintenance, and use of proprietary or other protected information that the requesting
Party has provided to the other. Those Audits shall not take place more frequently than
once in every three (3) years, unless cause is shown to support a specifically requested
Audit that would othenruise violate this frequency restriction. Examinations will not be
permitted in connection with investigating or testing such compliance. All those other
provisions of this Section 18 that are not inconsistent herewith shall apply, except that in
the case of these Audits, the Party to be audited may also request the use of an
independent auditor.
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Section 19
Construction Charges
Section 19.0 - CONSTRUCTION CHARGES
19.1 Al! rates, charges and initial service periods specified in this Agreement
contemplate the provision of network lnterconnection services or ancillary services to the extent
existing facilities are available. Except for modifications to existing facilities necessary to
accommodate lnterconnection or ancillary services specifically provided for in this Agreement,
CenturyLink will consider requests to build additional or further facilities for network
lnterconnection or ancillary services, as described in the applicable section of this Agreement.
19.2 All necessary construction will be undertaken at the discretion of CenturyLink,
consistentwith budgetary responsibilities, consideration forthe impact on the general body of End
User Customers and without discrimination among the various Carriers.
19.3 A quotation for CLEC's portion of a specific job will be provided to CLEC. The
quotation will be in writing and will be binding for ninety (90) business days after the issue date.
When accepted, CLEC will be billed the quoted price and construction will commence after receipt
of payment. lf CLEC chooses not to have CenturyLink construct the facilities, CenturyLink
reserves the right to bi!! CLEC for the expense incurred for producing the engineered job design.
19.4 ln the event a construction charge is applicable, CLEC's service Application Date
will become the date upon which CenturyLink receives the required payment.
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Secton 20
lntentionally Left Bhnk
Seatton 20.0 - INTENflONALLY LEFT BIINK
July 29, 2021 R$I1MGl8/lD/Agreement Number CD$210729{001
CenturyLink Fourtaen Stde Negotiations TernpHe (v.1O08.2020)
Section 21
Network Standards
Section 21.0 - NETWORK STANDARDS
21.1 The Parties recognize that CenturyLink services have been purchased and
deployed, over time, consistent with Telcordia and CenturyLink technical standards. Specification
of standards is built into the CenturyLink purchasing process, whereby vendors incorporate such
standards into the equipment CenturyLink purchases. CenturyLink supplements generally held
industry standards with CenturyLink Technical Publications.
21.2 The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided said
equipment does not pose a security, service or safety hazard to Persons or proper$.
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100
Sestion 22
Signature Page
Sectlon 22.0 - SIGNATURE PAGE
By signing below, and in consideration of the mutua! promises set forth herein, and other good
and valuable consideration, the Parties agree to abide by the terms and conditions set forth in
this I nterconnection Agreement.
TIme Warner Cable lnformatlon Servicea (ldaho),
LLC
By Charter Communications, lnc., lts Manager
Clwest Corporatlon dba CenturyLlnk
/
Michael ScanbrffAug 12,2021 09:4t cDT)
n)alerb 1. Ptut*
Kimberly J. Povi?l (Aug 12,2021 10:03 CDT)
Signature
MichaelL. Scanlon
Signature
Kimberly J. Povirk
Name Printed/Typed
Vice President. Circuit Ooerations
Name Printedffyped
Sr. Dir. Bus. Oos Wholesale Sales
Title Title
AugL2,202l
Date Date
J uly 29, 2021 lktctfW CIS/I D/Agreement N um ber CDS-2 1 0729400 1
CenturyLink Fourteen State Negotiations Template (v. 1 0.08 .20201
101
Aug 12,2021
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Page2 otz
EXHIBIT B
INTENTIONALLY LEFT BLANK
CenturyLink QC lCA, Exhibit B (INTENTIONALLY LEFT BLANK)Page 1
EXHIBIT C
INTENTIONALLY LEFT BI-ANK
,|Exhibit C -CenturyLink Fourteen State Template Version 1.8, May 11, 2005
Exhibit D
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CenturyLink Exhabit D Page 1
EXHIBIT E
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CenturyLink All States
Page 1
October 4,2004
EXHIBIT F
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CenturyLink All States August 24,2006 Page 1
EXHIBIT G
INTENTIONALLY LEFT BLANK
CenturyLink All States October 4,20C/;Page 1
EXHIBIT H
Twelve States
(Excludes MN and WA)
Calculation of the Relative Use Factor (RUF)
Minutes that are CenturvLink's resoonsibilitv (A):
o All EAS/Local251(bxs) Minutes of Use (MOU) that CenturyLink sends to CLECo All CenturyLink Exchange Access MOU that GenturyLink sends to CLECo EAS/Local 251(b)(5) traffic that transits CenturyLink network and is terminated to
CLEC, for which CenturyLink receives compensation from the originating Carrier for
performing the local transiting functiono All lntraLATA transit MOU that CenturyLink sends to CLECo All ISP-bound and FX MOU that CLEC sends to CenturyLinko All jointly Provided Switched Access (unless joint NECA 4 billing percentages have
been filed) that CenturyLink sends to CLEC and that CLEC sends to CenturyLink
Minutes that are CLEC's responsibilitv (Bl:
. All EAS/Local251(bX5) MOU that CLEC sends to CenturyLink. All Exchange Access MOU that CLEC sends to CenturyLinko AMAS/Local 251(b)(5) traffic that CLEC sends to CenturyLink for termination on
another Canier's networko All lntraLATA transit MOU that CLEC sends to CenturyLink
Non- Local Minutes that are CLEC's resoonsibilitv (Cl:o All ISP-bound and VNXX MOU that CenturyLink sends to CLECo AIIVNXX MOU that transits CenturyLink network and is terminated to CLECo AIlTollVo!P-PSTN MOU that CLEC sends to CenturyLink
The mathematicalequation for RUF is as follows:
CenturyLink Responsibility: (A) / (A+B+C) Rounded to nearest whole percentage
CLEC Responsibility: (B +C) / (A+B+C) Rounded to nearest whole percentage
Data used for the calculation will be the average of the most recent three (3) months'
usage determined not to be an anomaly.
Exhibit H - CenturyLink Twelve State Template Version
CenturyLink AllStates Except Minnesota and Washington
1
1
Exhibit I - lndividual Case Basis
This Agreement contains references to both lCB rates and lCB intervals. The
purpose of this exhibit is to identify how CLEC's ICB requests - whether they be
for rates or intervals - are processed through and by CenturyLink.
2. ICB Rate lntervals
2.1 For those products and services identified in the Agreement that contain a
provision for ICB rates, CenturyLink wil! provide CLEC with a written
quote of the ICB rate within twenty (20) business days unless a specific
interval for providing the quote is either contained in the Agreement or
this Exhibit.
2.2 The purpose of this subsection is to identify those circumstances when
the generic twenty (20) business day interval in the aforementioned
subsection to this Exhibit does not apply. ln these specified
circumstances, CenturyLink shall provide CLEC with an ICB quote within
the stated specific intervals:
2.2.1 Quotes for all Bona Fide Requests (BFR) shall be provided in
accord with Section 17.
2.2.2 Quotes for allSpecial Request Processes (SRP) shal! be provided
in accord with Exhibit F.
2.2.3 Quotes for all collocation requests, regardless of the type of
collocation, shall be provided in accord with the Section I interval.
2.2.4 Quotes for al! Field Connection Point requests shall be provided in
accord with Section 9.3.
2.2.5 Quotes for all Advanced lntelligent Network (AlN) requests shall
be provided in accord with Section 9.
2.3 Upon request, CenturyLink shall provide CLEC with CenturyLink's
supporting cost data and/or cost studies for the Unbundled Network
Element or service that CLEC wishes to order within seven (7) business
days, except where CenturyLink cannot obtain a release from its vendors
within seven (7) business days, in which case CenturyLink will make the
data available as soon as CenturyLink receives the vendor release.
Consistent with the terms and conditions of any applicable vendor
contract or agreement, CenturyLink shall diligently pursue obtaining the
release of cost information as soon as reasonably possible. To the extent
consistent with the terms and obligations of any applicable vendor
contract or agreement, CenturyLink sha!! request the release of vendor
cost information when CenturyLink communicates with the vendor(s)
when CenturyLink seeks a quote for the costs of the lCB project. Such
cost data shall be treated as confidentia! information if requested by
CenturyLink under the non-disclosure sections of this Agreement.
Negotiations Template, Exhibit I 9-20-04 Page 1
Exhibit I - lndividual Gase Basis
3. ICB Provisioning lntervals
3.1 For those products and services provided pursuant to this Agreement that
contain a provision for lCB interval but do not contain a specific provision
for when the ICB interva! shall be provided, the ICB interva! shal! be
provided within twenty (20) business days of receipt of the order, request
or application.
3.2 For lCB intervals for those products and services that require negotiated
project time lines for installation, such as 214 wire analog loop for more
than twenty-five (25) loops, the CenturyLink representative, authorized to
commit to intervals, shall meet with CLEC's representative within seven
(7) business days of receipt of the request from CLEC to negotiate
intervals.
Negotiations Template, Exhibit I 9-20-04 Page2
Exhibit J
INTENTIONALLY LEFT BLANK
Negotiations Template Exhibit J (INTENTIONALLY LEFT BLANK)Page I
EXHIBIT K
INTENTIONALLY LEFT BLANK
CenturyLink QC lCA, Exhibit K (INTENTIONALLY LEFT BLANK)Page 1