HomeMy WebLinkAbout20250828Amended Application.pdf RECEIVED
August 28, 2025
IDAHO PUBLIC
UTILITIES COMMISSION
LU M cc. No
August 28, 2025
Via Email Submission
secretary@pucddaho.gov
Ms. Monica Barrios-Sanchez
Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A
Boise, ID 83714
Monica.barriossanchezkpuc.Idaho.gov
Re: Case No.: QWE-T-25-01
Amended Interconnection Agreement
Dear Ms. Barrios-Sanchez:
Pursuant to email recommendations received on August 18,2025, enclosed for riling is
the Amended Type 2 Wireless Interconnection Agreement between Qwest Corporation dba
CenturyLink QC ("CenturyLink") and Gold Star Communications, LLC dba Silver Star
Communications for the State of Idaho ("Agreement"). This Agreement corrects the typos
contained in the Interconnection Agreement previously submitted on June 20, 2025; and replaces
that Interconnection Agreement in its entirety. The Application for Approval previously
submitted remains unchanged.
Please feel free to contact me with any questions regarding this submission. Thank you
for your assistance in this matter.
Sincerely,
Ue Zdin�'ne
Legal Assistant
Attachments
cc: Jeff Loll (jef .lollkpuc.idaho.gov)
Michelle Motzkus (mamotzkus(d),silverstar.com)
Johan Kalala-Kasanda(johan.kalala-kasanda&puc.idaho.gov)
206-806-7339
Josie.addington(cMumen.com
Type 2 Wireless Interconnection Agreement
Between
Qwest Corporation dba Centuryl-ink QC
And
Gold Star Communications, LLC dba Silver Star
Communications
For the State of Idaho
Agreement Number
CDS-250304-0001
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2020-4)
Table Of Contents
SECTION 1.0 - GENERAL TERMS................................................................................ 1
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .........................................2
SECTION 3.0 -WSP INFORMATION.............................................................................4
SECTION 4.0 - DEFINITIONS ........................................................................................5
SECTION 5.0 - TERMS AND CONDITIONS ................................................................ 17
SECTION 6.0 - INTERCONNECTION ..........................................................................34
SECTION 7.0 - COLLOCATION................................................................................... 53
SECTION 8.0 - INTENTIONALLY LEFT BLANK......................................................... 54
SECTION 9.0 - ANCILLARY SERVICES ..................................................................... 55
SECTION 10.0 - NETWORK SECURITY......................................................................58
SECTION 11.0 - INTENTIONALLY LEFT BLANK....................................................... 60
SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) ............61
SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS ............................................ 78
SECTION 14.0 - LOCAL DIALING PARITY.................................................................79
SECTION 15.0 — INTENTIONALLY LEFT BLANK ...................................................... 80
SECTION 16.0 - BONA FIDE REQUEST PROCESS................................................... 81
SECTION 17.0 - AUDIT PROCESS..............................................................................84
SECTION 18.0 - CONSTRUCTION CHARGES ...........................................................86
SECTION 19.0 - NETWORK STANDARDS .................................................................87
SECTION 20.0 - SIGNATURE PAGE...........................................................................88
EXHIBIT A - Rates
EXHIBIT B - Intentionally Left Blank
EXHIBIT C - Intentionally Left Blank
EXHIBIT D - Intentionally Left Blank
EXHIBIT E - Intentionally Left Blank
EXHIBIT F - Intentionally Left Blank
EXHIBIT G - Intentionally Left Blank
EXHIBIT H - Intentionally Left Blank
EXHIBIT I - Individual Case Basis
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Section 1
General Terms
SECTION 1.0 - GENERAL TERMS
1.1 This Agreement for Type 2, two-way Wireless Interconnection is between Gold Star
Communications, LLC dba Silver Star Communications, ("WSP"), a Wyoming limited liability
company and Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation,
pursuant to Section 252 of the Telecommunications Act of 1996, for purposes of fulfilling
CenturyLink's obligations under Sections 222, 251(a), (b), and (c), 252, 271, and other relevant
provisions of the Act and the rules and regulations promulgated thereunder. WSP is licensed by
the Federal Communications Commission ("FCC") as a Commercial Mobile Radio Service
("CMRS") Provider. Services provided by CenturyLink to WSP under this Agreement are
provided pursuant to WSP's role as a CMRS provider of two-way traffic.
1.2 This Interconnection Agreement sets forth the terms, conditions and pricing under
which CenturyLink will provide to any requesting WSP network Interconnection and Ancillary
services within the geographical areas in which both CenturyLink is providing local Exchange
Service at that time, and for which CenturyLink is the incumbent Local Exchange Carrier within
the state of Idaho for purposes of providing local two way Wireless Services.
1.3 With respect to the terms and provisions of this Agreement, CenturyLink has
negotiated the Agreement in its entirety, and the inclusion of any particular provision, or rate,
term and condition, is not evidence of the reasonableness thereof when considered apart from
all other provisions of the Agreement.
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Section 2
Interpretation and Construction
SECTION 2.0 - INTERPRETATION AND CONSTRUCTION
2.1 This Agreement includes this Agreement and all Exhibits appended hereto, each of
which is hereby incorporated by reference in this Agreement and made a part hereof. All
references to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits to, this Agreement unless the context shall otherwise require. The headings and
numbering of Sections and Exhibits used in this Agreement are for convenience only and will
not be construed to define or limit any of the terms in this Agreement or affect the meaning and
interpretation of this Agreement. Unless the context shall otherwise require, any reference to
any statute, regulation, rule, Tariff, technical reference, technical publication, or any publication
of Telecommunications industry administrative or technical standards, shall be deemed to be a
reference to the most recent version or edition (including any amendments, supplements,
addenda, or successor) of that statute, regulation, rule, Tariff, technical reference, technical
publication, or any publication of Telecommunications industry administrative or technical
standards that is in effect. Provided, however, that nothing in this Section 2.1 shall be deemed
or considered to limit or amend the provisions of Section 2.2. In the event a change in a law,
rule regulation or interpretation thereof would materially change this Agreement, the terms of
Section 2.2 shall prevail over the terms of this Section 2.1. In the case of any material change,
any reference in this Agreement to such law, rule, regulation or interpretation thereof will be to
such law, rule, regulation or interpretation thereof in effect immediately prior to such change
until the processes set forth in Section 2.2 are implemented. The existing configuration of either
Party's network may not be in compliance with the latest release of technical references,
technical publications, or publications of Telecommunications industry administrative or
technical standards.
2.2 The provisions in this Agreement are intended to be in compliance with and based
on the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state and federal rules, regulations, and laws, as of March 11, 2005 (the Existing
Rules). Nothing in this Agreement shall be deemed an admission by CenturyLink or WSP
concerning the interpretation or effect of the Existing Rules or an admission by CenturyLink or
WSP that the Existing Rules should not be changed, vacated, dismissed, stayed or modified.
Nothing in this Agreement shall preclude or estop CenturyLink or WSP from taking any position
in any forum concerning the proper interpretation or effect of the Existing Rules or concerning
whether the Existing Rules should be changed, vacated, dismissed, stayed or modified. To the
extent that the Existing Rules are vacated, dismissed, stayed or materially changed or modified,
then this Agreement shall be amended to reflect such legally binding modification or change of
the Existing Rules. Where the Parties fail to agree upon such an amendment within sixty (60)
Days after notification from a Party seeking amendment due to a modification or change of the
Existing Rules or if any time during such sixty (60) Day period the Parties shall have ceased to
negotiate such new terms for a continuous period of fifteen (15) Days, it shall be resolved in
accordance with the Dispute Resolution provision of this Agreement. It is expressly understood
that this Agreement will be corrected, or if requested by WSP, amended as set forth in this
Section 2.2, to reflect the outcome of generic proceedings by the Commission for pricing,
service standards, or other matters covered by this Agreement. Rates in Exhibit A will reflect
legally binding decisions of the Commission and shall be applied on a prospective basis from
the effective date of the legally binding Commission decision, unless otherwise ordered by the
Commission. Where a Party provides notice to the other Party within thirty (30) Days of the
effective date of an order issuing a legally binding change, any resulting amendment shall be
deemed effective on the effective date of the legally binding change or modification of the
Existing Rules for rates, and to the extent practicable for other terms and conditions, unless
otherwise ordered. In the event neither Party provides notice within (thirty (30) Days, the
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Section 2
Interpretation and Construction
effective date of the legally binding change shall be the Effective Date of the amendment unless
the Parties agree to a different date. During the pendency of any negotiation for an amendment
pursuant to this Section 2.2 the Parties shall continue to perform their obligations in accordance
with the terms and conditions of this Agreement, for up to sixty (60) Days. For purposes of this
section, "legally binding" means that the legal ruling has not been stayed, no request for a stay
is pending, and any deadline for requesting a stay designated by statute or regulation, has
passed.
2.3 Unless otherwise specifically determined by the Commission, in cases of conflict
between this Agreement and CenturyLink's Tariffs, Product Catalog (PCAT), methods and
procedures, technical publications, policies, product notifications or other CenturyLink
documentation relating to CenturyLink's or WSP's rights or obligations under this Agreement
then the rates, terms and conditions of this Agreement shall prevail. To the extent another
document abridges or expands the rights or obligations of either Party under this Agreement,
the rates, terms and conditions of this Agreement shall prevail.
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Section 3
Implementation Schedule
SECTION 3.0 -WSP INFORMATION
3.1 Except as otherwise required by law, CenturyLink will not provide or establish
Interconnection and Ancillary services in accordance with the terms and conditions of this
Agreement prior to WSP's execution of this Agreement.
3.2 Prior to placing any orders for services under this Agreement, the Parties will jointly
work with the CenturyLink Sales and Service organizations to complete the New Customer
Questionnaire with the information below as appropriate. This information will then be used to:
Determine geographical requirements;
Identify WSP Identification IDs;
Determine CenturyLink system requirements to support WSP's specific activity;
Collect Credit Information;
Obtain Billing Information;
Create summary bills;
Establish input and output requirements;
Create and distribute CenturyLink and WSP Contact Lists; and
Identify WSP hours and holidays.
3.3 WSPs that have previously completed a Questionnaire need not fill out a New Customer
Questionnaire; however, WSP will update its New Customer Questionnaire with any changes in
the required information that have occurred and communicate those changes to CenturyLink.
Before placing an order for a new product, WSP will need to complete the relevant New Product
Questionnaire and amend this Agreement.
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Section 4
Definitions
SECTION 4.0 - DEFINITIONS
"Access Service Request" or "ASR" means the industry guideline forms and supporting
documentation used for ordering Access Services. The ASR will be used to order trunking and
facilities between WSP and CenturyLink for Wireless Interconnection 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 local traffic.
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as amended, and as
from time to time interpreted in the duly authorized rules and regulations of the 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 Law" means all laws, statutes, common law, ordinances, codes, rules, guidelines,
orders, permits and approval of any governmental regulations, including, but not limited to, the
Act, the regulations, rules, and final orders of the FCC and the Commission, and any final
orders and decisions of a court of competent jurisdiction reviewing the regulations, rules or
orders of the FCC or the Commission.
"ATIS" 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
Interconnection for Telecommunications products and services. ATIS Standards and
Guidelines, as well as the standards of other industry fora, are referenced herein.
"Automatic Location Identification" or "ALI" is the automatic display at the Public Safety
Answering Point (PSAP) or the caller's telephone number, the address/location of the telephone
and supplementary emergency services information for Enhanced 911 (E911).
"Basic Exchange Telecommunications Service" means, unless otherwise defined in
Commission rules and then it shall have the meaning set forth therein, a service offered to End
User Customers which provides the End User Customer with a telephonic connection to, and a
unique local telephone number address on, the public switched telecommunications network,
and which enables such End User Customer to generally place calls to, or receive calls from,
other stations on the public switched telecommunications network. Basic residence and
business line services are Basic Exchange Telecommunications Services. As used solely in the
context of this Agreement and unless otherwise agreed, Basic Exchange Telecommunications
Service includes access to ancillary services such as 911, Directory Assistance (DA) and
Operator Services (OS).
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Section 4
Definitions
"Bill and Keep" means the originating Party has no obligation to pay terminating charges to the
terminating Party.
"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. It
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 16.
CABS" means Carrier Access Billing System or any successor billing system.
"Calling Party Number" or "CPN" is a Common Channel Signaling ("CCS") parameter, which
refers to the ten digit number transmitted through a network identifying the calling party.
Reference CenturyLink 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 Interconnection Interoperability Forum (NIIF), the Ordering and Billing Forum
(OBF), the Industry Numbering Committee (INC), 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 Installation and Maintenance
Committee (NIMC) publish business process rules for their respective areas of concern.
"Central Office" means a building or a space within a building where transmission facilities or
circuits are connected or switched.
"Central Office Switch" means a Switch used to provide Telecommunications Services,
including, but not limited to:
"End Office Switches" which are used to terminate End User Customer station loops, or
equivalent, for the purpose of interconnecting to each other and to trunks; and
"Tandem Office Switches" (or "Tandem Switches") are used to connect and switch trunk circuits
between and among other End Office Switches. Wireless Carrier's Switch(es) shall be
considered Tandem Office Switch(es) to the extent such Switch(es) serve(s) a comparable
geographic area as CenturyLink's Tandem Office Switch. A fact-based consideration by the
Commission of geography should be used to classify any switch on a prospective basis.
"Charge Number" (ChN) is a Common Channel Signaling parameter, which refers to the
number, transmitted through the network identifying the Billing number of the calling party.
Charge Number frequently is not the Calling Party Number (CPN).
"Collocation" is an arrangement where CenturyLink provides space in CenturyLink Premises for
the placement of WSP's equipment to be used for the purpose of Interconnection.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. Section 332 and FCC
rules and orders interpreting that statute.
"Commission" means the Idaho Public Utilities Commission.
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Section 4
Definitions
"Common Channel Signaling" or "CCS" means a method of exchanging call set up and network
control data over a digital signaling network fully separate from the Public switched Network that
carries the actual call. Signaling System 7 (SS7) is currently the preferred CCS method.
"Competitive Local Exchange Carrier" or "CLEC" refers to a Party that has submitted a request,
pursuant to an Agreement, to obtain Interconnection, access to Unbundled Network Elements,
ancillary services, or resale of Telecommunications Services. CLEC is an entity authorized to
provide local Exchange Service that does not otherwise qualify as an Incumbent Local
Exchange Carrier (ILEC).
"Confidential Information" shall have the meaning set forth in Section 5.16.
"Connecting Facility Assignment" or "CFA" is a slot or channel assignment of WSP identifying
where their DS1s or DS3 will be connecting with the LEC. A CFA is the identifier or location
where a WSP will interconnect with the incumbent Telecommunications Carrier.
"Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Customer" is a Person to whom a Party provides or has agreed to provide a specific service or
set of services, whether directly or indirectly. Customer includes Telecommunication Carriers.
See also, End User Customer.
"Day" means calendar Days unless otherwise specified.
"Demarcation Point" means the point where CenturyLink owned or controlled facilities cease,
and WSP, End User Customer, premises owner or landlord ownership or control of facilities
begin.
"Dialing Parity" shall have the meaning set forth in Section 14.1.
"Digital Signal Level" means one of several transmission rates in the time-division multiplex
hierarchy.
"Digital Signal Level 0" or "DSO" is the 64 Kbps standard speed for digitizing one voice
conversation using pulse code modulation. There are 24 DSO channels in a DS1.
"Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is
the initial level of multiplexing. There are 28 DS1s in a DS3.
"Digital Signal Level 3" or "DS3" means the 44.736 Mbps third-level signal in the time-division
multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is
defined as the third level of multiplexing.
"Due Date" means the specific date on which the requested service is to be available to WSP as
applicable.
"Effective Date" shall have the meaning set forth in Section 5.2.1.
"Electronic Bonding" is a real-time and secure electronic exchange of data between information
systems in separate companies. Electronic Bonding allows electronic access to services which
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Section 4
Definitions
have traditionally been handled through manual means. The heart of Electronic Bonding is
strict adherence to both International 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 or
more Carriers.
"Environmental Hazard" means any substance the presence, use, transport, abandonment or
disposal of which (i) requires investigation, remediation, compensation, fine or penalty under
any Applicable Law (including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource
Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar
purposes in applicable foreign, state and local jurisdictions) 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 Interface" or "EMI" means the format used for exchange of
Telecommunications message information among Telecommunications Carriers. It is
referenced in the Alliance for Telecommunications Industry Solutions (ATIS) document that
defines industry guidelines for the exchange of message records.
"Exchange Service" or "Extended Area Service (EAS)/Local Traffic" means traffic that is
originated by a Wireline end user and terminated within the Local Calling Area as defined in
CenturyLink's Southern Idaho and Northern Idaho Exchange and Network Services Catalogs.
"FCC" means the Federal Communications Commission.
"Firm Order Confirmation Date" or "FOC" means the notice CenturyLink provides to WSP to
confirm that WSP's Access Service Order (ASR) has been received and has been successfully
processed. The FOC confirms the schedule of dates committed to by CenturyLink for the
provisioning of the service requested.
"Individual Case Basis" or"ICB" shall have the meaning set forth in Exhibit I.
"Information Service" is the offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available information via
Telecommunications, and includes electronic publishing, but does not include any use of any
such capability for the management, control, or operation of a Telecommunications system or
the management of a Telecommunications Service.
"Information Services Providers" or"ISPs" are providers of Information Services.
"Integrated Digital Loop Carrier" means a subscriber loop carrier system, which integrates
multiple voice channels within the Switch on a DS1 level signal.
"Intercarrier Compensation Credit" is a monetary credit for two-way Wireline to Wireless traffic
which is originated by a CenturyLink Wireline End User Customer within the LATA, transported
by CenturyLink, and terminates to WSP's Wireless End User Customer within the MTA area.
When more than two (2) Carriers are involved in transporting a call, Intercarrier Compensation
Credit does not apply.
"Interconnection" is as described in the Act and refers to the connection between networks for
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Section 4
Definitions
the purpose of transmission and routing of traffic.
"Interconnection Agreement" or "Agreement" or "ICA" is an agreement entered into between
CenturyLink and WSP for Interconnection, or other services as a result of negotiations, adoption
and/or arbitration or a combination thereof pursuant to Section 252 of the Act. When WSP signs
and delivers a copy of this Agreement to CenturyLink pursuant to the notice provision of the
Agreement it becomes the Interconnection Agreement between the Parties pursuant to Section
252(e) of the Act.
"Interconnections Database" or "ICONN" is a CenturyLink database, available on the
CenturyLink Web Site, which includes business and residence access line counts, switch types,
and switch generics.
"Interexchange Carrier" (IXC) means a Carrier that provides InterLATA or IntraLATA Toll
services.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Modification of Final Judgment, § IV(K), reprinted in United States v. Am. Tel.
& Tel. Co., 552 F. Supp. 131, 229 (D.D.C. 1982) (defining "interexchange telecommunications"
as "telecommunications between a point or points located in one exchange telecommunications
area and a point or points located in one or more other exchange areas or a point outside an
exchange area").
"InterLATA" describes Telecommunications traffic between a point located in a Local Access
and Transport Area ("LATA") and a point located outside such area.
"InterMTA" describes Wireless Telecommunications Services originating in one MTA and
terminating in another MTA.
"InterMTA Factors" are factors that are used in intercarrier compensation to determine InterMTA
and InterMTA Roaming MOUs when WSP's End User Customer is initiating (M-L) or terminating
(L-M) a call in another MTA.
"Internet Service Provider-Bound" or "ISP-Bound" refers only to the traffic delivered to an
Internet Service provider for which the FCC prescribed intercarrier compensation in the
Intercarrier Compensation for ISP-Bound Traffic, CC Docket No. 99-68, Order on Remand and
Report and Order, 16 FCC Rcd 9151 (2001) (the "ISP Remand Order"). Such traffic does not
include traffic delivered to an Internet Service provider located in a different local calling area
than the calling party.
"IntraLATA" describes Telecommunications functions originating and terminating in the same
LATA.
"IntraLATA Toll" describes IntraLATA traffic outside the Local Calling Area.
"IntraMTA" describes Wireless Non-Access Telecommunications Traffic that originates and
terminates in the same MTA.
"Local Access and Transport Area" or"LATA" is as defined in the Act.
"Local Calling Area" is a geographically defined area as established by the effective tariffs of
CenturyLink, as approved by the Commission.
"Local Exchange Carrier" (LEC) means any Carrier that is engaged in the provision of telephone
Exchange Service or Exchange Access. Such term does not include a Carrier insofar as such
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Section 4
Definitions
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 now iconectiv
Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing
information as well as Network Element and equipment designations.
"Local Number Portability" or"LNP" shall have the meaning set forth in Section 9.1.1.1.
"Local Service Request" or "LSR" means the industry standard forms and supporting
documentation used for ordering local services.
"Local Tandem Switch" is a CenturyLink switch used to connect and switch trunk circuits
between End Office Switches for traffic within an EAS/Local calling area.
"Location Routing Number" or "LRN" means a unique ten- (10)-digit number assigned to a
Central Office Switch in a defined geographic area for call routing purposes. This ten- (10)-digit
number serves as a network address and the routing information is stored in a database.
Switches routing calls to subscribers whose telephone numbers are in portable NXXs perform a
database query to obtain the Location Routing Number that corresponds with the Switch serving
the dialed telephone number. Based on the Location Routing Number, the querying Carrier then
routes the call to the Switch serving the ported number. The term "LRN" may also be used to
refer to a method of LNP.
"Maintenance and Repair" involves the exchange of information between Carriers where one
initiates a request for maintenance or repair of existing products and services thereof from the
other with attendant acknowledgments and status reports in order to ensure proper operation
and functionality of facilities.
"Maintenance of Service charge" is a miscellaneous charge that relates to trouble isolation work
performed by CenturyLink. Basic Maintenance of Service charges apply when the CenturyLink
technician perform work during standard business hours. Overtime Maintenance of Service
charges apply when the CenturyLink technician performs work on a business day, but outside
standard business hours, or on a Saturday. Premium Maintenance of Service charges apply
when the CenturyLink technician performs work on either a Sunday or CenturyLink recognized
holiday.
"Major Trading Area (MTA)" is a geographic area established in Rand McNally 1992
Commercial Atlas and Marketing Guide and used by the FCC in defining CMRS license
boundaries for CMRS providers for purposes of Sections 251 and 252 of the Act.
"Meet Point" is a point of Interconnection between two networks, designated by two
Telecommunications Carriers, at which one Carrier's responsibility for service begins and the
other Carrier's responsibility ends.
"Meet-Point Billing" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an
arrangement whereby two (2) or more Telecommunications Carriers (including a LEC and WSP)
receive traffic in the same LATA that the call is to be terminated in or originated from, and jointly
provide Switched Access Service to an Interexchange Carrier, with each LEC (or WSP) billing
and receiving, if applicable, an appropriate share of the revenues from the IXC as defined by the
effective Switched Access Tariff or, if applicable, WSP contract.
"Mid-Span Meet" means an Interconnection between two (2) networks, designated by two (2)
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Telecommunications Carriers, whereby each provides its own cable and equipment up to the
Meet Point of the cable facilities.
"Mid-Span Meet POI" A Mid-Span Meet POI is a negotiated Point of Interface, limited to the
Interconnection of facilities between the CenturyLink Serving Wire Center location and the
location of the WSP switch or other equipment located within the area served by the
CenturyLink Serving Wire Center.
"Miscellaneous Charges" mean charges that apply for miscellaneous services provided at
WSP's request or based on WSP's actions that result in miscellaneous services being provided
by CenturyLink, as described in this Agreement.
"Multiple Exchange Carrier Access Billing" or "MECAB" refers to the document prepared by the
Billing Committee of the Ordering and Billing Forum (OBF), which functions under the auspices
of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECAB document, published by ATIS (0401004-OOXX), contains the
recommended guidelines for the Billing of an access service provided by two or more
Telecommunications Carriers (including a WSP, LEC and/or a WSP), or by one LEC in two or
more states within a single LATA.
"Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services-
Industry Support Interface, refers to the document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum (OBF), which functions under
the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications
Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-OOXX),
establishes recommended guidelines for processing orders for access service which is to be
provided by two or more Telecommunications Carriers (including a WSP, LEC and/or a WSP).
"Multiplexing" or "MUX" means the function which converts a 44.736 MBPS DS3 channel to 28
1.544 MBPS DS1 channels or a 1.544 DS1 channel to 24 DSO channels utilizing time division
Multiplexing.
"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 (under
the FCC's rules) to determine the LRN value for correctly routing a call to a ported number.
"Non-Access Telecommunications Traffic" shall have the meaning set forth in 47 CFR
§51.701(b) that is originated or terminated as wireless traffic by WSP's end users.
"North American Numbering Plan" or "NANP" means the basic numbering plan used for the
Telecommunications networks located in the United States as well as Canada, Bermuda, Puerto
Rico, Guam, the Commonwealth of the Marianna Islands and certain Caribbean Islands. 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) original 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 "NPA" is also sometimes referred to as an area code. It is a unique
three-digit indicator that is defined by the "A," "B" and "C" digits of each 10-digit telephone
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number within the NANP. Each NPA contains 800 possible NXX Codes. There are two (2)
general categories of NPA: "Geographic NPA" is associated with a defined geographic area
and all telephone numbers bearing such NPA are associated with services provided within that
geographic area. A "Non-Geographic NPA," also known as a "Service Access Code" (SAC
Code), is typically associated with a specialized Telecommunications Service which may be
provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are
examples of Non-Geographic NPAs.
"NXX," "NXX Code," "Central Office Code," or "CO Code" is the three- (3)-digit Switch entity
code which is defined by the "D," "E" and 7" digits of a ten- (10) digit telephone number within
the NANP.
"Operational Support Systems" or"OSS" shall have the meaning set forth in Section 12.
"Operator Tandem" means a CenturyLink switching system that provides a traffic concentration
and distribution function for CenturyLink operator assisted traffic.
"Ordering and Billing Forum" or "OBF" means the telecommunications industry forum, under the
auspices of the Carrier Liaison Committee of the Alliance for Telecommunications Industry
Solutions, concerned with inter-company ordering and Billing.
"Originating Line Information Parameter" or "OLIP" is a CCS SS7 signaling parameter that
identifies the line class of service, i.e., originating screening and routing translation.
"Parity" means the provision of non-discriminatory access to Interconnection 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 WSP and "Parties" means CenturyLink and WSP.
"Percent Local Usage (PLU) Factors" are percentages used in the CenturyLink intercarrier
compensation credit method in determining Minutes of Use (MOU) for Land to Mobile (L-M) and
Mobile to Land (M-L) traffic based on CenturyLink measured M-L traffic.
"PLU" is a factor for determining the portion of CenturyLink originated traffic that rides the Type
2 facility between CenturyLink's Tandem Switches or End Office Switches and WSP's POI for
calculation of the facilities credit to WSP.
"Person" is a general term meaning an individual or association, corporation, firm, joint-stock
company, organization, partnership, trust or any other form or kind of entity.
"Point of Interface" "Point of Interconnection" or "POI" is a physical demarcation between the
networks of two LECs (including a LEC and WSP). The POI is that point where the exchange of
traffic takes place. "Point of Presence" or"POP" means the Point of Presence of an IXC.
"Port" is an action relating to porting a telephone number from one central office switch to
another central office switch using Local Number Portability.
"Premises" refers to CenturyLink's Central Offices and Serving Wire Centers; all buildings or
similar structures owned, leased, or otherwise controlled by CenturyLink that house its network
facilities; all structures that house CenturyLink facilities on public rights-of-way; and all land
owned, leased, or otherwise controlled by CenturyLink that is adjacent to these Central Offices,
Wire Centers, buildings and structures.
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"Product Catalog" or "PCAT" is a CenturyLink document that provides information needed to
request services available under this Agreement. The PCAT is available on CenturyLink's web
site: http://www.centurylink.com/wholesale/pcat/wirelesstype2.html
"Proprietary Information" shall have the same meaning as Confidential Information
"Provisioning" involves the exchange of information between Telecommunications Carriers
where one executes a request for a set of products and services from the other with attendant
acknowledgments and status reports.
"Public Safety Answering Point" or "PSAP" is the public safety communications center where
911/E911 calls for a specific geographic area are answered.
"Public Switched Network" includes all Switches and transmission facilities, whether by wire or
radio, provided by any Common Carrier including LECs, IXCs 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-NNX
codes which have been assigned to a LEC for its provision of Telephone Exchange Service.
"Roaming" is defined as a Telecommunications Service occurring when the End User Customer
of one CMRS provider utilizes the facilities of another CMRS provider. Most often, Roaming
occurs when the End User Customer is physically located outside the service area of his or her
service provider.
"Service Control Point" or "SCP" means a node in the CCS network to which information
requests for service handling, such as routing, are directed and processed. The SCP is a real
time database system that, based on a query from a Service Switching Point (SSP), performs
End User Customer or application-specific service logic and then sends instructions back to the
SSP on how to continue call processing.
"Service Switching Point" or "SSP" is a telephone switch that performs call processing on traffic
that originates, Tandems, or terminates at that site. Such call processing includes the
generation of SS7 messages to transfer call-related information to other SSPs and sending a
query to an SCP for instructions on call routing. SSPs are interconnected by SS7 links.
"Serving Wire Center" denotes the CenturyLink building from which dial tone for local Exchange
Service would normally be provided to a particular End User Customer Premises.
"Signaling System 7" or "SS7" is an out-of-band signaling protocol consisting of four basic sub-
protocols:
1) Message Transfer Part (MTP), which provides functions for basic routing of
signaling messages between signaling points;
2) Signaling Connection Control Part (SCCP), which provides additional routing and
management functions for transfer of messages other than call setup between signaling
points;
3) Integrated Services Digital Network User Part (ISUP), which provides for transfer
of call setup signaling information between signaling points; and
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4) Transaction Capabilities Application Part (TCAP), which provides for transfer of
non-circuit related information between signaling points.
"Switch" means a switching device employed by a Carrier within the Public Switched Network.
Switch includes but is not limited to End Office Switches, Tandem Switches, Access Tandem
Switches, Remote Switching Modules, and Packet Switches. Switches may be employed as a
combination of End Office/Tandem Switches.
"Switched Access Service" means the offering of transmission and switching services to
Interexchange Carriers for the purpose of the origination or termination of telephone toll service.
Switched Access Services include: Feature Group A, Feature Group B, Feature Group D, 8XX
access, and 900 access and their successors or similar Switched Access Services.
"Tariff' as used throughout this Agreement refers to CenturyLink interstate Tariffs and state
Tariffs, price lists and price schedules.
"Technically Feasible" Interconnection, Collocation, and other methods of achieving
Interconnection at a point in the network shall be deemed Technically Feasible absent technical
or operational concerns that prevent the fulfillment of a request by a Telecommunications
Carrier for such Interconnection, access, or methods. A determination of technical feasibility
does not include consideration of economic, accounting, Billing, space, or site concerns, except
that space and site concerns may be considered in circumstances where there is no possibility
of expanding the space available. The fact that an incumbent LEC must modify its facilities or
equipment to respond to such request does not determine whether satisfying such request is
Technically Feasible. An incumbent LEC that claims that it cannot satisfy such request because
of adverse network reliability impacts must prove to the Commission by clear and convincing
evidence that such Interconnection, access, or methods would result in specific and significant
adverse network reliability impacts.
"Telecommunications" means the transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as
sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services, except that
such term does not include aggregators of Telecommunications Services (as defined in Section
226 of the Act). A Telecommunications Carrier shall be treated as a Common Carrier under the
Act only to the extent that it is engaged in providing Telecommunications Services, except that
the Federal Communications Commission shall determine whether the provision of fixed and
mobile satellite service shall be treated as common carriage.
"Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,
regardless of the facilities used.
"Telephone Exchange Service" means a service within a telephone exchange, or within a
connected system of telephone exchanges within the same exchange area operated to furnish
to End User Customers intercommunicating service of the character ordinarily furnished by a
single exchange, and which is covered by the Exchange Service charge, or comparable service
provided through a system of Switches, transmission equipment or other facilities (or
combinations thereof) by which a subscriber can originate and terminate a Telecommunications
Service.
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"Toll Free Service" means service provided with any dialing sequence that invokes Toll Free,
i.e., 800-like, service processing. Toll Free Service currently includes calls to the Toll Free
Service 800/888/877/866 NPA SAC codes.
"Transit Service" is any traffic that originates from one (1) Telecommunications Carrier's network
and/or its end user(s), transits another Telecommunications Carrier's network and terminates to
yet another Telecommunications Carrier's network and/or its end user(s).
"Trouble Isolation Charge" —see "Maintenance of Service."
"Trunk Group Servicing Request "TGSR" is the notification the CenturyLink Trunk Forecasting
Group sends to the Service Delivery Center to advise of blocking conditions on Carrier trunk
groups.
"Waste" means all hazardous and non-hazardous substances and materials which are intended
to be discarded, scrapped or recycled, associated with activities WSP or CenturyLink or their
respective contractors or agents perform at Work Locations. It shall be presumed that all
substances or materials associated with such activities, that are not in use or incorporated into
structures (including without limitation damaged components or tools, leftovers, containers,
garbage, scrap, residues or by-products), except for substances and materials that WSP,
CenturyLink or their respective contractors or agents intend to use in their original form in
connection with similar activities, are Waste. Waste shall not include substances, materials or
components incorporated into structures (such as cable routes) even after such components or
structures are no longer in current use.
"Wire Center" means the location of a CenturyLink local switching facility containing one or
more Central Offices, as defined in the Appendix to Part 36, Chapter 1 of Title 47 of the Code of
Federal Regulations. Wire Center boundaries define the area in which all End User Customers
served by a given Wire Center are located. "Wireless" for the purposes of this Agreement, are
Telecommunications Services provided by a 2-way CMRS Carrier in accordance with its CMRS
license(s). This includes both cellular and personal communications service providers.
"Wireless Interconnection Service" or ("WIS)" is the CenturyLink product name for
Interconnection as described in Section 6 of this Agreement.
"Wireless Interconnection Service (WIS) Entrance Facility" is a DS1 or DS3 facility that extends
from WSP's Switch location or Point of Interconnection (POI) to the CenturyLink Serving Wire
Center. An Entrance Facility may not extend beyond the area served by the CenturyLink
Serving Wire Center.
"Wireless Service Provider" or "WSP" for purposes of this Agreement is a 2-way CMRS provider
of Telecommunications service.
"Wireless Switched Access Traffic" is traffic that originates at one of the WSP's End User
Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of
Presence and terminates at one of the WSP's End User Customers, when the traffic transits the
CenturyLink network. See Section 6.5.
"Wireline" are Telecommunications Services provided by CenturyLink or other non-CMRS
Telecommunications Carriers. These services are provided via a fixed Iandline network where
the End User Customers are stationary.
"Work Locations" means any real estate that WSP or CenturyLink, as appropriate, owns, leases
or licenses, or in which it holds easements or other rights to use, or does use, in connection with
this Agreement.
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Terms not otherwise defined here but defined in the Act and the orders and the rules
implementing the Act, shall have the meaning defined there. The definition of terms that are
included here and are also defined in the Act, or its implementing orders or rules, are intended
to include the definition as set forth in the Act and the rules implementing the Act.
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SECTION 5.0 -TERMS AND CONDITIONS
5.1 General Provisions
5.1.1 Intentionally Left Blank.
5.1.2 The Parties are each solely responsible for participation in and compliance with
national network plans, including the National Network Security Plan and the Emergency
Preparedness Plan.
5.1.3 Neither Party shall use any service related to or use any of the services provided in
this Agreement in any manner that interferes with other Persons in the use of their service,
prevents other Persons from using their service, or otherwise impairs the quality of service to
other Carriers or to either Party's End User Customers. In 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 If such impairment is material and poses an immediate threat to the safety of
either Party's employees, Customers or the public or poses an immediate threat of a
service interruption, that Party shall provide immediate notice by email to the other
Party's designated representative(s) for the purposes of receiving such notification.
Such notice shall include 1) identification of the impairment (including the basis for
identifying the other Party's facilities as the cause of the impairment), 2) date and
location of the impairment, and 3) the proposed remedy for such impairment for any
affected service. Either Party may discontinue the specific service that violates the
provision or refuse to provide the same type of service if it reasonably appears that the
particular service would cause similar harm, until the violation of this provision has been
corrected to the reasonable satisfaction of that Party and the service shall be reinstituted
as soon as reasonably possible. The Parties shall work cooperatively and in good faith
to resolve their differences. In the event either Party disputes any action that the other
Party seeks to take or has taken pursuant to this provision, that Party may pursue
immediate resolution by expedited or other Dispute Resolution.
5.1.3.2 If the impairment is service impacting but does not meet the parameters set
forth in Section 5.1.3.1, such as low level 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
shall work cooperatively and in good faith to resolve their differences. If 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 If either Party causes non-service impacting impairment the other Party shall
provide written notice within fifteen (15) Days of the impairment to the other Party and
such notice shall include the information set forth in subsection 5.1.3.1. The Parties
shall work cooperatively and in good faith to resolve their differences. If either Party fails
to correct any such impairment within fifteen (15) Days of written notice, or if such non-
compliance cannot be corrected within fifteen (15) Days of written notice of non-
compliance, and if the impairing Party fails to take all appropriate steps to correct as
soon as reasonably possible, the other Party may pursue immediate resolution by
expedited or other Dispute Resolution.
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5.1.3.4 It is the responsibility of either Party to inform its End User Customers of
service impacting impairment that may result in discontinuance of service as soon as the
Party receives notice of same.
5.1.4 Each Party is solely responsible for the services it provides to its End User
Customers and to other Telecommunications Carriers. This provision is not intended to limit the
liability of either Party for its failure to perform under this Agreement.
5.1.5 The Parties shall work cooperatively to minimize fraud associated with third-number
billed calls, calling card calls, and any other services related to this Agreement.
5.1.6 Nothing in this Agreement shall prevent either Party from seeking to recover the
costs and expenses, if any, it may incur in (a) complying with and implementing its obligations
under this Agreement, the Act, and the rules, regulations and orders of the FCC and the
Commission, and (b) the development, modification, technical installation and maintenance of
any systems or other infrastructure which it requires to comply with and to continue complying
with its responsibilities and obligations under this Agreement. Notwithstanding the foregoing,
CenturyLink shall not assess any charges against WSP for services, facilities, Ancillary service
and other related works or services covered by this Agreement, unless the charges are
expressly provided for in this Agreement. All services and capabilities currently provided
hereunder, to be provided hereunder, shall be priced in accordance with all applicable
provisions of the Act and the rules and order of the Federal Communications Commission and
orders of the Commission.
5.2 Term of Agreement
5.2.1 This Agreement shall become effective on the date of Commission Approval
("Effective Date"); however, the Parties may agree to implement the provisions of this
Agreement upon execution, in which event neither Party will bring a dispute to require that an
obligation incurred after execution must be fulfilled under the terms of the prior Agreement as
long as this Agreement ultimately receives Commission Approval and so long as such
obligations are fulfilled under the terms of this Agreement. This Agreement shall be binding
upon the Parties for a term of three (3) years. This Agreement will terminate on the date a
successor agreement is approved by the Commission, However, nothing relieves CLEC from
fulfilling the obligations incurred under the prior Agreement unless such obligation was incurred
following execution of this Agreement and the Parties agreed to implement this Agreement such
obligations are fulfilled under this Agreement consistent with this paragraph.
5.2.2 Upon expiration of the term of this Agreement, this Agreement shall continue in full
force and effect until superseded by a successor agreement in accordance with this Section
5.2.2. Any Party may request negotiation of a successor agreement by written notice to the
other Party no 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 WSP from fulfilling the obligations incurred under the prior Agreement.
5.3 Intentionally 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). If a Payment Due Date falls on a Sunday, or on a
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holiday which is observed on a Monday, the payment date shall be the first non-holiday day
following such Sunday or holiday. If a Payment Due Date falls on a Saturday or on a holiday
which is observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall be the
last non-holiday day preceding such Saturday or holiday. For invoices distributed electronically,
the date of invoice is the same as if the invoice were billed on paper, not the date the electronic
delivery occurs. If 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, less any good faith disputed amount as provided for in
Section 5.4.4 of this Agreement, for the services provided under this Agreement within thirty
(30) Days following the payment due date provided the Billing Party has notified the other Party
in writing at least ten (10) business days prior to discontinuing the processing of orders for
services. If the Billing Party does not refuse to accept additional orders for the services on the
date specified in the ten (10) business days' notice, and the other Party's non-compliance
continues, nothing contained herein shall preclude the Billing Party's right to refuse to accept
additional orders for the services from the non-complying Party without further notice. For order
processing to resume, the billed Party will be required to make full payment of all charges for
the services not disputed in good faith under this Agreement. Additionally, the Billing Party may
require a deposit (or additional deposit) from the billed Party, pursuant to this section. In
addition to other remedies that may be available at law or equity, the billed Party reserves the
right to seek equitable relief, including injunctive relief and specific performance.
5.4.3 The Billing Party may disconnect services for failure by the billed Party to make full
payment, less any good faith disputed amount as provided for in Section 5.4.4 of this
Agreement, for the services provided under this Agreement within sixty (60) Days following the
payment due date. The billed Party will pay the applicable reconnect charge set forth in Exhibit
A required to reconnect each service disconnected pursuant to this paragraph. The Billing Party
will notify the billed Party at least ten (10) business days prior to disconnection of the service(s).
In case of such disconnection, all applicable undisputed charges, including termination charges,
shall become due. If the Billing Party does not disconnect the billed Party's service(s) on the
date specified in the ten (10) business days notice, and the billed Party's noncompliance
continues, nothing contained herein shall preclude the Billing Party's right to disconnect services
of the non-complying Party without further notice. For reconnection of the services to occur, the
billed Party will be required to make full payment of all past and current undisputed charges
under this Agreement for the services. Additionally, the Billing Party will request a deposit (or
recalculate the deposit) as specified in Section 5.4.5 and 5.4.7 from the billed Party, pursuant to
this Section. In addition to other remedies that may be available at law or equity, each Party
reserves the right to seek equitable relief, including injunctive relief and specific performance.
5.4.4 Should WSP or CenturyLink dispute, in good faith, any portion of the charges under
this Agreement, the Parties will notify each other in writing within fifteen (15) Days following the
payment due date identifying the amount, reason and rationale of such dispute. At a minimum,
WSP and CenturyLink shall pay all undisputed amounts due. Both WSP and CenturyLink agree
to expedite the investigation of any disputed amounts, promptly provide 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 If a Party disputes charges and does not pay such charges by the
payment due date, such charges may be subject to late payment charges. If the
disputed charges have been withheld and the dispute is resolved in favor of the Billing
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Party, the withholding Party shall pay the disputed amount and applicable late payment
charges no later than the next Bill Date following the resolution. If the disputed charges
have been withheld and the dispute is resolved in favor of the disputing Party, the Billing
Party shall credit the bill of the disputing Party for the amount of the disputed charges
and any late payment charges that have been assessed no later than the second Bill
Date after the resolution of the dispute.
5.4.4.2 If a Party pays the disputed charges and the dispute is resolved in favor
of the Billing Party, no further action is required. If 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) If the disputed amount is greater than the bill to be credited, pay the
remaining amount to the Billed Party.
(3) The interest calculated on the disputed amounts will be the same rate as late
payment charges. In no event, however, will any late payment charges be
assessed on any previously assessed late payment charges.
5.4.4.3 If 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. If payment of the security deposit is not
made within thirty (30) Days of the request, Carrier will be considered in material breach of the
Agreement and CenturyLink may stop processing orders for service.
5.4.6. In the event of a material change in WSP's financial condition subsequent to the
Effective Date of this Agreement, CenturyLink may request a security deposit. A "material
change in financial condition" means WSP is a new WSP with no established credit history, or is
a WSP that has not established satisfactory credit with CenturyLink, or the Party is repeatedly
delinquent in making its payments, or is being reconnected after a disconnection of Service or
discontinuance of the processing of orders by CenturyLink due to a previous failure to pay
undisputed charges in a timely manner. CenturyLink may require a deposit to be held as
security for the payment of charges before the orders from WSP will be provisioned and
completed or before reconnection of Service. "Repeatedly delinquent" means any payment of a
material amount of total monthly Billing under the Agreement received after the Payment Due
Date, three (3) or more times during the last twelve (12) month period.
5.4.7. The deposit amount may not exceed the estimate total monthly charges for a two (2)
month period based upon recent or projected Billing. The deposit may be adjusted by WSP's
actual monthly average charges, payment history under this Agreement, or other relevant
factors, but in no event 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. Required deposits are due and payable within thirty (30) Days after demand. Non-
payment is subject to Sections 5.4.2 and 5.4.3 of this Agreement.
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5.4.8 CenturyLink may exercise its right to credit any cash deposit to WSP's account, or to
demand payment from the issuing bank or bonding company of any irrevocable bank letter of
credit, upon the occurrence of any one of the following events:
5.4.8.1. when WSP's undisputed balances due to CenturyLink are more than
thirty (30) Days past due; and/or
5.4.8.2. to the extent permitted by Applicable Laws, when WSP files for protection
under the bankruptcy laws; and/or
5.4.8.3. to the extent permitted by Applicable Laws, when an involuntary petition
in bankruptcy is filed against WSP and is not dismissed within sixty (60) Days; and/or
5.4.8.4. when this Agreement expires or terminates.
5.4.9 If any security deposit held by CenturyLink is applied as a credit toward payment of
WSP's balances due to CenturyLink, then CenturyLink may require WSP to provide a new
deposit. If payment of the new deposit is not made within thirty (30) Days of the request,
CenturyLink may stop processing orders for service and WSP will be considered in breach of
the Agreement.
5.4.10 Interest will be paid on cash deposits at the rate applying to deposits under applicable
Commission regulations. Cash deposits and accrued interest will be credited to WSP's account
or refunded, as appropriate, upon the earlier of the expiration of the term of the Agreement or
the establishment of satisfactory credit with CenturyLink, which will generally be one full year of
timely payments of undisputed amounts in full by WSP. Upon a material change in financial
standing, WSP may request and CenturyLink will consider a recalculation of the deposit. The
fact that a deposit has been made does not relieve WSP from any requirements of this
Agreement.
5.4.11 CenturyLink may review WSP's credit standing and modify the amount of deposit
required but in no event will the maximum amount exceed the amount stated hereinabove.
5.4.12 The late payment charge for amounts that are billed under this Agreement shall be in
accordance with Commission requirements.
5.4.13 WSP shall be responsible for notifying its End User Customers of any pending
disconnection of a service by WSP, if necessary, to allow those End User Customers to make
other arrangements for such services.
5.4.14 WSP must not remit payment for the Services with funds obtained through the
American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans
that would obligate CenturyLink to provide certain information or perform certain functions
unless those functions and obligations are specifically agreed to by the parties in this
Agreement or in an amendment to this Agreement.
5.5 Taxes
5.5.1 Any federal, state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges resulting from the performance of this Agreement shall be borne by
the Party upon which the obligation for payment is imposed under Applicable Law, even if the
obligation to collect and remit such taxes is placed upon the other Party. However, where the
selling Party is permitted by law to collect such taxes, fees or surcharges, from the purchasing
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Party, such taxes, fees or surcharges shall be borne by the Party purchasing the services.
Each Party is responsible for any tax on its corporate existence, status or income. Whenever
possible, these amounts shall be billed as a separate item on the invoice. To the extent a sale
is claimed to be for resale tax exemption, the purchasing Party shall furnish the providing Party
a proper resale tax exemption certificate as authorized or required by statute or regulation by
the jurisdiction providing said resale tax exemption. Until such time as a resale tax exemption
certificate is provided, no exemptions will be applied. If either Party (the Contesting Party)
contests the application of any tax collected by the other Party (the Collecting Party), the
Collecting Party shall reasonably cooperate in good faith with the Contesting Party's challenge,
provided that the Contesting Party pays any costs incurred by the Collecting Party. The
Contesting Party is entitled to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Party is liable for and has paid the tax contested.
5.6 Insurance
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 will be from a company, or companies, with an
A.M. Best's rating of A-VII 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
products/completed operations liability;
5.6.1.2 Business Auto liability, including all owned, non-owned and hired
automobiles, in an amount of not less than $1,000,000 combined single limit per
accident for bodily injury and property damage liability;
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 Employer'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 shall 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.centurylink.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,
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embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, or unusually severe weather conditions (collectively, a Force Majeure Event).
Inability 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. In the event of
a labor dispute or strike the Parties agree to provide service to each other at a level equivalent
to the level they provide themselves.
5.8 Limitation of Liability
5.8.1 Each Party's liability to the other Party for any loss relating to or arising out of any act
or omission in its performance under this Agreement, whether in contract, warranty, strict
liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total
amount that is or would have been charged to the other Party by such breaching Party for the
service(s) or function(s) not performed or improperly performed. Each Party's liability to the
other Party for any other losses shall be limited to the total amounts charged to WSP under this
Agreement during the contract year in which the cause accrues or arises.
5.8.2 Neither Party shall be liable to the other for indirect, incidental, consequential, or
special damages, including (without limitation) damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action, whether in contract,
warranty, strict liability, tort, including (without limitation) negligence of any kind and regardless
of whether the Parties know the possibility that such damages could result.
5.8.3 Intentionally 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 shall limit either Party's obligations of
indemnification specified in this Agreement, nor shall this Section 5.8 limit a Party's liability for
failing to make any payment due under this Agreement.
5.9 Indemnity
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
Indemnitee) from and against and in respect of any loss, debt, liability, damage,
obligation, claim, demand, judgment or settlement of any nature or kind, known or
unknown, liquidated or unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made, instituted, or asserted by
any Person or entity, for invasion of privacy, bodily injury or death of any Person or
Persons, or for loss, damage to, or destruction of tangible property, whether or not
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owned by others, resulting from the Indemnifying Party's breach of or failure to perform
under this Agreement, regardless of the form of action, whether in contract, warranty,
strict liability, or tort including (without limitation) negligence of any kind.
5.9.1.2 In the case of claims or loss alleged or incurred by an End User Customer of
either Party arising out of or in connection with services provided to the End User
Customer by the Party, the Party whose End User Customer alleged or incurred such
claims or loss (the Indemnifying Party) shall defend and indemnify the other Party and
each of its officers, directors, employees and agents (collectively the Indemnified Party)
against any and all such claims or loss by the Indemnifying Party's, End User Customers
regardless of whether the underlying service was provided by the Indemnified Party,
unless the loss was caused by the willful misconduct of the Indemnified Party. The
obligation to indemnify with respect to claims of the Indemnifying 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.
5.9.2 The indemnification provided herein shall be conditioned upon:
5.9.2.1 The Indemnified Party shall promptly notify the Indemnifying Party of any action
taken against the Indemnified Party relating to the indemnification. Failure to so notify
the Indemnifying Party shall not relieve the Indemnifying Party of any liability that the
Indemnifying Party might have, except to the extent that such failure prejudices the
Indemnifying Party's ability to defend such claim.
5.9.2.2 If the Indemnifying Party wishes to defend against such action, it shall give
written notice to the Indemnified Party of acceptance of the defense of such action. In
such event, the Indemnifying Party shall have sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Party may engage separate
legal counsel only at its sole cost and expense. In the event that the Indemnifying Party
does not accept the defense of the action, the Indemnified 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 In no event shall the Indemnifying Party settle or consent to any judgment
pertaining to any such action without the prior written consent of the Indemnified Party.
In the event the Indemnified Party withholds consent, the Indemnified Party may, at its
cost, take over such defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the relevant Indemnified
Party against, any cost or liability in excess of such refused compromise or settlement.
5.10 Intellectual 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
regulations relating to Interconnection 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
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mark, trade secret, or other proprietary interest or intellectual property, now or hereafter owned,
controlled or licensable by either Party. Nothing in this Agreement shall be construed as the
grant to the other Party of any rights or licenses to trade or service marks.
5.10.2 Subject to Section 5.9.2, each Party (the Indemnifying Party) shall indemnify and
hold the other Party (the Indemnified Party) harmless from and against any loss, cost, expense
or liability arising out of a claim that the use of facilities of the Indemnifying Party or services
provided by the Indemnifying Party provided or used pursuant to the terms of this Agreement
misappropriate or otherwise violates the intellectual property rights of any third party. In addition
to being subject to the provisions of Section 5.9.2, the obligation for indemnification recited in
this paragraph shall not extend to infringement which results from (a) any combination of the
facilities or services of the Indemnifying Party with facilities or services of any other Person
(including the Indemnified Party but excluding the Indemnifying Party and any of its Affiliates),
which combination is not made by or at the direction of the Indemnifying Party or (b) any
modification made to the facilities or services of the Indemnifying Party by, on behalf of or at the
request of the Indemnified Party and not required by the Indemnifying Party. In the event of any
claim, the Indemnifying Party may, at its sole option (a) obtain the right for the Indemnified 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. If the Indemnifying 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 Indemnifying Party reasonably believes that the facility or
service will be held to infringe, the Indemnifying Party shall notify the Indemnified 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 Indemnifying Party may request
that the Indemnified Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting modifications to the facilities or
services, and such request shall not be unreasonably denied.
5.10.3 To the extent required under applicable federal and state law, CenturyLink shall use
its best efforts to obtain, from its vendors who have licensed intellectual property rights to
CenturyLink in connection with facilities and services provided hereunder, licenses under such
intellectual property rights as necessary for WSP to use such facilities and services as
contemplated hereunder and at least in the same manner used by CenturyLink for the facilities
and services provided hereunder. CenturyLink shall notify WSP immediately in the event that
CenturyLink believes it has used its best efforts to obtain such rights, but has been unsuccessful
in obtaining such rights.
5.10.3.1 CenturyLink covenants that it will not enter into any licensing agreements with
respect to any CenturyLink facilities, equipment or services, including software, that
contain provisions that would disqualify WSP from using or interconnecting with such
facilities, equipment or services, including software, pursuant to the terms of this
Agreement. CenturyLink warrants and further covenants that it has not and will not
knowingly modify any existing license agreements for any network facilities, equipment
or services, including software, in whole or in part for the purpose of disqualifying WSP
from using or interconnecting with such facilities, equipment or services, including
software, pursuant to the terms of this Agreement. To the extent that providers of
facilities, equipment, services or software in CenturyLink's network provide CenturyLink
with indemnities covering intellectual property liabilities and those indemnities allow a
flow-through of protection to third parties, CenturyLink shall flow those indemnity
protections through to WSP.
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5.10.4 Except as expressly provided in this Intellectual Property Section, nothing in this
Agreement shall be construed as the grant of a license, either express or implied, with respect
to any patent, copyright, logo, trademark, trade name, trade secret or any other intellectual
property right now or hereafter owned, controlled or licensable by either Party. Neither Party
may use any patent, copyright, logo, trademark, trade name, trade secret or other intellectual
property rights of the other Party or its Affiliates without execution of a separate agreement
between the Parties.
5.10.5 Neither Party shall without the express written permission of the other Party, state or
imply that: 1) it is connected, or in any way affiliated with the other or its Affiliates; 2) it is part of
a joint business association or any similar arrangement with the other or its Affiliates; 3) the
other Party and its Affiliates are in any way sponsoring, endorsing or certifying it and its goods
and services; or 4) with respect to its marketing, advertising or promotional activities or
materials, the goods and services are in any way associated with or originated from the other or
any of its Affiliates. Nothing in this paragraph shall prevent either Party from truthfully
describing the Network Elements it uses to provide service to its End User Customers, provided
it does not represent the Network Elements as originating from the other Party or its Affiliates in
any marketing, advertising or promotional activities or materials.
5.10.6 CenturyLink and WSP each recognize that nothing contained in this Agreement is
intended as an assignment or grant to the other of any right, title or interest in or to the
trademarks or service marks of the other (the Marks) and that this Agreement does not confer
any right or license to grant sublicenses or permission to third parties to use the Marks of the
other and is not assignable. Neither Party will do anything inconsistent with the other's
ownership of their respective Marks, and all rights, if any, that may be acquired by use of the
Marks shall inure to the benefit of their respective Owners. The Parties shall comply with all
Applicable Law governing Marks worldwide and neither Party will infringe the Marks of the other.
5.11 Warranties
5.11.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THAT ALL
PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WITH ALL
FAULTS.
5.12 Assignment
5.12.1 Neither Party may assign or transfer (whether by operation of law or otherwise) this
Agreement (or any rights or obligations hereunder) to a third party without the prior written
consent of the other Party. Notwithstanding the foregoing, either Party may assign or transfer
this Agreement to a corporate Affiliate or an entity under its common control; without the
consent of the other Party, provided that the performance of this Agreement by any such
assignee is guaranteed by the assignor. Any attempted assignment or transfer that is not
permitted is void ab initio. Without limiting the generality of the foregoing, this Agreement shall
be binding upon and shall inure to the benefit of the Parties' respective successors and assigns.
5.12.2 In the event that CenturyLink transfers to any unaffiliated Party exchanges including
End User Customers that WSP serves in whole or in part through facilities or services provided
by CenturyLink under this Agreement, the transferee shall be deemed a successor to
CenturyLink's responsibilities hereunder for a period of ninety (90) Days from notice to WSP of
such transfer or until such later time as the Commission may direct pursuant to the
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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.
In the event of such a proposed transfer, CenturyLink shall use its best efforts to facilitate
discussions between WSP and the Transferee with respect to Transferee's assumption of
CenturyLink's obligations pursuant to the terms of this Agreement.
5.12.3 Nothing in this section is intended to restrict WSP's rights to opt into a Wireless
Interconnection Agreement under § 252(i) of the Act and 47 C.F.R. § 51.809.
5.13 Default
5.13.1 If 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 full force 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 shall a Party have the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name or on behalf of the other Party
unless otherwise expressly permitted by such other Party. Except as otherwise expressly
provided in this Agreement, no Party undertakes to perform any obligation of the other Party
whether regulatory or contractual, or to assume any responsibility for the management of the
other Party's business.
5.15 Severability
5.15.1 In 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. If 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.
In all other respects, this Agreement will stand as if such invalid or unenforceable provision had
not been a part hereof, and the remainder of this Agreement shall remain in full force and effect.
5.16 Nondisclosure
5.16.1 All information, including but not limited to specifications, microfilm, photocopies,
magnetic disks, drawings, sketches, models, samples, tools, technical information, data,
employee records, maps, financial reports, and market data, (i) furnished by one Party to the
other Party dealing with business or marketing plans End User Customer specific, facility
specific, or usage specific information, other than End User Customer information
communicated for the purpose of providing Directory Assistance or publication of directory
database, or (ii) in written, graphic, electromagnetic, or other tangible form and marked at the
time of delivery as "Confidential" or "Proprietary", or (iii) communicated and declared to the
receiving Party at the time of delivery, or by written notice given to the receiving Party within ten
(10) Days after delivery, to be "Confidential" or "Proprietary" (collectively referred to as
"Proprietary Information"), shall remain the property of the disclosing Party. A Party who
receives Proprietary Information via an oral communication may request written confirmation
that the material is Proprietary Information. A Party who delivers Proprietary Information via an
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oral communication may request written confirmation that the Party receiving the information
understands that the material is Proprietary Information. Each Party shall have the right to
correct an inadvertent failure to identify information as Proprietary Information by giving written
notification within thirty (30) Days after the information is disclosed. The receiving Party shall
from that time forward, treat such information as Proprietary Information.
5.16.2 Upon request by the disclosing Party, the receiving Party shall return all tangible
copies of Proprietary Information, whether written, graphic or otherwise, except that the
receiving Party may retain one copy for archival purposes.
5.16.3 Each Party shall keep all of the other Party's Proprietary Information confidential and
will disclose it on a need to know basis only. Each party shall use the other Party's Proprietary
Information only in connection with this Agreement. Agreement and in accordance with
Applicable Law, including but not limited to, 47 U.S.C. § 222. In accordance with Section 222 of
the Act, when either Party receives or obtains Proprietary Information from the other Party for
purposes of providing any Telecommunications Services, that Party shall 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 Information 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. If either Party loses, or makes an unauthorized disclosure of, the
other Party's Proprietary Information, it will notify such other Party immediately and use
reasonable efforts to retrieve the information.
5.16.4 Unless otherwise agreed, the obligations of confidentiality and non-use set forth in
this Agreement do not apply to such Proprietary Information as:
a) was at the time of receipt already known to the receiving Party free of any
obligation to keep it confidential evidenced by written records prepared prior to delivery
by the disclosing Party; or
b) is or becomes publicly known through no wrongful act of the receiving Party; or
c) is rightfully received from a third Person having no direct or indirect secrecy or
confidentiality obligation to the disclosing Party with respect to such information; or
d) is independently developed by an employee, agent, or contractor of the receiving
Party which individual is not involved in any manner with the provision of services
pursuant to the Agreement and does not have any direct or indirect access to the
Proprietary Information; or
e) is disclosed to a third Person by the disclosing Party without similar restrictions
on such third Person's rights; or
f) is approved for release by written authorization of the disclosing Party; or
g) is required to be disclosed by the receiving Party pursuant to Applicable Law or
regulation provided that the receiving Party shall give sufficient notice of the requirement
to the disclosing Party to enable the disclosing Party to seek protective orders.
5.16.5 Nothing herein is intended to prohibit a Party from supplying factual information
about its network and Telecommunications Services on or connected to its network to regulatory
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agencies including the Federal Communications Commission and the Commission so long as
any confidential obligation is protected. In addition either Party shall have the right to disclose
Proprietary Information 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 InterLATA services by CenturyLink that are or may be required by the Act. The
Parties agree to cooperate with each other in order to seek appropriate protection or treatment
of such Proprietary Information 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 Information 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 shall not be deemed to be the exclusive remedies for a breach of
the confidentiality provisions of this Agreement, but shall be in addition to all other remedies
available at law or in equity.
5.16.8 Nothing herein should be construed as limiting either Party's rights with respect to its
own Proprietary Information or its obligations with respect to the other Party's Proprietary
Information under Section 222 of the Act.
5.16.9 Forecasts provided by either Party to the other Party shall be deemed Confidential
Information and the Parties may not distribute, disclose or reveal, in any form, this material other
than as allowed and described in subsections 5.16.9.1 and 5.16.9.2.
5.16.9.1 The Parties may disclose, on a need to know basis only, WSP individual
forecasts and forecasting information disclosed by CenturyLink, to CenturyLink's legal
personnel in connection with their representation of CenturyLink in any dispute regarding
the quality or timeliness of the forecast as it relates to any reason for which WSP
provided it to CenturyLink under this Agreement, as well as to WSP's wholesale account
managers, wholesale WIS and Collocation product managers, network and growth
planning personnel responsible for preparing or responding to such forecasts or
forecasting information. In no case shall retail marketing, sales or strategic planning
have access to this forecasting information. The Parties will inform all of the
aforementioned personnel with access to such Confidential Information, of its
confidential nature and will require personnel to execute a nondisclosure agreement
which states that, upon threat of termination, the aforementioned personnel may not
reveal or discuss such information with those not authorized to receive it except as
specifically authorized by law. Violations of these requirements shall subject the
personnel to disciplinary action up to and including termination of employment.
5.16.9.1.1 Upon the specific order of the Commission, CenturyLink may
provide the forecast information that WSPs have made available to CenturyLink
under this Agreement, provided that CenturyLink shall first initiate any
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procedures necessary to protect the confidentiality and to prevent the public
release of the information pending any applicable Commission procedures and
further provided that CenturyLink provides such notice as the Commission directs
to WSP involved, in order to allow it to prosecute such procedures to their
completion.
5.16.9.2 The Parties shall maintain confidential forecasting information in secure files
and locations such that access to the forecasts is limited to the personnel designated in
subsection 5.16.9.1 above and such that no other personnel have computer access to
such information.
5.17 Survival
5.17.1 Any liabilities or obligations of a Party for acts or omissions prior to the termination of
this Agreement, and any obligation of a Party under the provisions regarding indemnification,
Confidential or Proprietary Information, 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, shall survive cancellation or termination hereof.
5.18 Dispute Resolution
5.18.1 The Parties will attempt in good faith to resolve through negotiation any dispute, claim
or controversy arising out of, or relating to, this Agreement. Either Party may give written notice
to the other Party of any dispute not resolved in the normal course of business. Each Party will
within seven (7) Days after delivery of the written notice of dispute, designate a vice-president
level employee or a representative with authority to make commitments to review, meet, and
negotiate, in good faith, to resolve the dispute. The Parties intend that these negotiations be
conducted by non-lawyer, business representatives, and the locations, format, frequency,
duration, and conclusions of these discussions will be at the discretion of the representatives.
By mutual agreement, the representatives may use other procedures to assist in these
negotiations. The discussions and correspondence among the representatives for the purposes
of these negotiations will be treated as Confidential Information (Confidential Information)
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 If 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 jurisdiction over the action, and if not, in the Denver District Court for the State of
Colorado. The Parties agree that such courts have personal jurisdiction over them.
5.18.3 Waiver of Jury Trial and Class Action. Each Party, to the extent permitted by law,
knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue
any claim or action arising out of or relating to this Agreement on a class or consolidated basis
or in a representative capacity.
5.18.4 No cause of action, including disputes raised pursuant to Section 5.4.4, regardless of
the form, arising out of or relating to this Agreement, may be brought by either Party more than
two (2) years after the cause of action arises.
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Terms and Conditions
5.19 Controlling Law
5.19.1 This Agreement is offered by CenturyLink and accepted by WSP in accordance with
applicable federal law and the state law of Idaho. It shall be interpreted solely in accordance
with applicable federal law and the state law of Idaho.
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 Indemnifying Party, its contractors or agents
introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for
which the Indemnifying Party is responsible under Applicable Law.
5.20.2 In the event any suspect materials within CenturyLink-owned, operated or leased
facilities are identified to be asbestos containing, WSP will ensure that to the extent any
activities which it undertakes in the facility disturb such suspect materials, such WSP activities
will be in accordance with applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities undertaken by WSP or
equipment placement activities that result in the generation of asbestos-containing material,
WSP does not have any responsibility for managing, nor is it the owner of, nor does it have any
liability for, or in connection with, any asbestos-containing material. CenturyLink agrees to
immediately notify WSP if CenturyLink undertakes any asbestos control or asbestos abatement
activities that potentially could affect WSP personnel, equipment or operations, including, but
not limited to, contamination of equipment.
5.21 Notices
5.21.1 Any notices required by or concerning this Agreement shall be in writing and shall be
sufficiently given if delivered personally, delivered by prepaid overnight express service, or sent
by certified mail, return receipt requested, or by email where specified in this Agreement to
CenturyLink and WSP at the addresses shown below:
CenturyLink: With Copy to:
Director Sales Support CenturyLink Legal Department
Phone: 913-884-1392 Wholesale Interconnection
Email: intagree(cDlumen.com 931 14th Str., #900
Denver, CO 80202
Phone: 303-992-5599
Email: Legal.Interconnection(cOumen.com
and to WSP at the address shown below:
Gold Star Communications, LLC dba Silver Star Communications
PO Box 226
Freedom, WY 83120
Email: mamotzkus(cr).SilverStar.net
Phone: 307-883-6690
If 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
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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
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, legal status and property, real or personal, and
(ii) the acts of its own Affiliates, employees, agents and contractors during the performance of
that Party's obligations hereunder.
5.23 No Third Party Beneficiaries
5.23.1 The provisions of this Agreement are for the benefit of the Parties and not for any
other Person. This Agreement will not provide any Person not a Party to this Agreement with
any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those
existing by reference in this Agreement.
5.24 Intentionally Left Blank
5.25 Publicity
5.25.1 Neither Party shall publish or use any publicity materials with respect to the
execution and delivery or existence of this Agreement without the prior written approval of the
other Party. Nothing in this section shall limit a Party's ability to issue public statements with
respect to regulatory or judicial proceedings.
5.26 Executed in Counterparts
5.26.1 This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original; but such counterparts shall together constitute one and the same
instrument.
5.27 Compliance
5.27.1 Each Party shall comply with all applicable federal, state, and local laws, rules and
regulations applicable to its performance under this Agreement. Without limiting the foregoing,
CenturyLink and WSP agree to keep and maintain in full force and effect all permits, 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 Communications Assistance
Law Enforcement Act of 1994 (CALEA). Each Party shall indemnify and hold the other Party
harmless from any and all penalties imposed upon the other Party for such noncompliance and
shall at the non-compliant Party's sole cost and expense, modify or replace any equipment,
facilities or services provided to the other Party under this Agreement to ensure that such
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equipment, facilities and services fully comply with CALEA.
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. If 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 Intentionally Left Blank.
5.30.3 The provisions of this Agreement, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Agreement may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
5.31 Entire Agreement
5.31.1 This Agreement (including the documents referred to herein and any amendments to
the Agreement) constitutes the full and entire understanding and agreement between the
Parties with regard to the subjects of this Agreement and supersedes any prior understandings,
agreements, or representations by or between the Parties, written or oral, to the extent they
relate in any way to the subjects of this Agreement.
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SECTION 6.0 - INTERCONNECTION
6.1 Interconnection Facility Options
6.1.1 This Section describes the Interconnection of CenturyLink's network and WSP's
network for the purpose of exchanging IntraMTA, InterMTA, and Wireless Switched Access
Traffic. Intercarrier traffic exchange will be mutual and reciprocal and all traffic exchanged
between the Parties must be provisioned pursuant to this Agreement. CenturyLink will provide
Interconnection at any technically feasible point within CenturyLink's network, including but not
limited to, (i) the trunk side of a local Switch and (ii) the trunk connection points for a Tandem
Office Switch.,. "Interconnection" 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
IntraMTA traffic. CenturyLink's Wireless Interconnection Service is provided for the purpose of
connecting End Office Switches to End Office Switches or End Office Switches to Local or
Access Tandem Switches for the exchange of IntraMTA Traffic; or End Office switches to
Access Tandem Switches for the exchange of InterMTA or Wireless Switched Access Traffic.
New or continued CenturyLink Local Tandem to CenturyLink Access Tandem and CenturyLink
Access Tandem to CenturyLink Access Tandem Switch connections are not required where
CenturyLink can demonstrate that such connections present a risk of Switch exhaust and that
CenturyLink does not make similar use of its network to transport the local calls of its own or
any Affiliate's End User Customers.
6.1.1.1 CenturyLink will provide to WSP Interconnection at least equal in quality to
that provided to itself, to any subsidiary, Affiliate, or any other party to which it provides
Interconnection. Notwithstanding specific language in other sections of this Agreement,
all provisions of this Agreement regarding Interconnection are subject to this
requirement. CenturyLink will provide Interconnection under rates, terms and conditions
that are just, reasonable and non-discriminatory.
6.1.2 Methods of Interconnection
6.1.2.1 The Parties will negotiate the facilities arrangement used to interconnect their
respective networks. WSP shall establish at least one (1) physical Point of
Interconnection in CenturyLink territory in each LATA where the WSP has local End
User Customers and has an NPA/NXX assigned to a Rate Center within the LATA. The
Parties shall establish, through negotiations, at least one (1) of the following
Interconnection arrangements, at any technically feasible point: (1) a DS1 or DS3
CenturyLink Provided WIS Entrance Facility; (2) Collocation; (3) negotiated Mid-Span
Meet POI facilities; or (4) Other technically feasible methods of Interconnection 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.
6.1.2.1.1 CenturyLink Provided WIS Entrance Facility. Interconnection may
be accomplished through the provision of a DS1 or DS3 WIS Entrance Facility of
WSP's determination. A WIS Entrance Facility extends from the CenturyLink
Serving Wire Center to WSP's Switch location or any Technically Feasible POI
chosen by the WSP. CenturyLink-provided WIS Entrance Facilities may not
extend beyond the area served by the CenturyLink Serving Wire Center. The
rates for CenturyLink-provided WIS Entrance Facilities are provided in Exhibit A.
CenturyLink's private line transport service is available as an alternative to WIS
Entrance Facilities, when WSP uses such private line transport service for
multiple services.
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6.1.2.2. Collocation. Interconnection may be accomplished through the Collocation
arrangements offered by CenturyLink. The terms and conditions under which
Collocation will be available are described in Section 7.0 of this Agreement.
6.1.2.3. Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface,
limited to the Interconnection of facilities between the CenturyLink Serving Wire Center
location of the WSP Switch or other equipment located within the area served by the
CenturyLink Serving Wire Center. The actual physical Point of Interface and facilities
used will be subject to negotiations between the Parties. Each Party will be responsible
for its portion of the build to the Mid-Span Meet POI. These Mid Span Meet POls will
consist of facilities used for the exchange of traffic and joint provisioning of
Telecommunications Services to End User Customers and other Telecommunications
Carriers, as well as Ancillary trunks such as OS, DA, and 911 trunk groups.
6.1.2.4. CenturyLink agrees to provide local Interconnection trunk diversity to the
same extent it does so in CenturyLink's local network.
6.2 Exchange of Traffic
6.2.1 Description
6.2.1.1 Section 6.2 addresses the exchange of traffic between WSP's network and
CenturyLink's network. Intercarrier traffic exchange covered by this Agreement is for
Wireless Interconnection for CMRS Carriers only in association with CMRS two-way
services. Other Interconnections are covered by a separate agreement or Tariff.
Wireless two-way Interconnection is intended for Wireless to Wireline or Wireline to
Wireless, but not Wireline to Wireline communications. For purposes of this Agreement,
Fixed Wireless is considered a Wireline architecture. The Wireless Interconnection
provided shall not be used to terminate other types of traffic on CenturyLink's network,
such as Wireline originated traffic. Where either Party interconnects and delivers traffic
to the other from third parties, each Party shall bill such third parties the appropriate
charges pursuant to its respective Tariffs or contractual offerings for such third party
terminations. Unless otherwise agreed to by the Parties, by an amendment to this
Agreement, the Parties will directly exchange traffic between their respective networks
without the use of third party transit providers.
6.2.1.2 The traffic types to be exchanged under this Agreement include:
6.2.1.2.1 IntraMTA traffic as defined in this Agreement.
6.2.1.2.2 InterMTA traffic as defined in this Agreement.
6.2.1.2.3 Intentionally Left Blank.
6.2.1.2.4 Wireless Switched Access Traffic as defined in this Agreement.
6.2.1.2.5 For purposes of the Agreement, Transit Service does not include
traffic carried by Interexchange Carriers. That traffic is defined as CenturyLink
Wireless Switched Access Traffic which is addressed in Section 6.5. Transit
Service is provided by CenturyLink, as a local and Access Tandem Switch
provider to the WSP to enable the completion of calls originated by or terminated
to end users of another Telecommunications Carrier which is connected to
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CenturyLink's Switches. To the extent that WSP's Switch functions as a local or
Access Tandem Switch, as defined in this Agreement, WSP may also provide
transit service to CenturyLink.
6.2.1.3 Intentionally Left Blank.
6.2.1.4 Traffic having special billing or trunking requirements includes, but are not
limited to, the following:
6.2.1.4.1 Ancillary trunks for:
6.2.1.4.1.1 Directory Assistance
6.2.1.4.1.2 911/E911
6.2.1.4.1.3 Multi Frequency (MF) Wireless Switched Access
Traffic and Assistance Operator Services
6.2.1.4.1.4 Multi Frequency (MF) Wireless Switched Access
Traffic Toll Free Services; and
6.2.1.4.1.5 ISP Bound Traffic.
6.2.1.5 Toll Blocking Service is a Selective Class of Call Screening (CustomNet).
Selective Class of Call Screening restricts, by operator screen identification, outgoing toll
calls from trunks to collect, third party billed, and/or credit card calls only. Direct dialed
calls to Directory Assistance, 800/877/888, E911/911, 950, and CenturyLink Repair are
permitted. It is available when WSP sends its traffic on outgoing Ancillary Trunks.
6.2.1.6 Billed Number Screening allows WSP the capability of restricting incoming
collect and/or third number billed calls from being billed to their Ancillary Trunks.
Although these lines are outgoing trunks, the capability does exist to terminate a collect
and/or third number billed call to the line. Other long distance companies may or may
not subscribe to Billing Validation or recognize the billed number screening indicator.
Therefore, calls placed on other long distance company networks may complete and bill
collect and/or third number billed calls to the WSP account. CenturyLink is not
responsible for any calls completed on other long distance company networks.
6.2.2 Terms and Conditions
6.2.2.1 Transport and Termination of IntraMTA Traffic.
6.2.2.1.1 IntraMTA Traffic will be terminated as Wireless Type 2
Interconnection Service.
6.2.2.1.2 As negotiated between the Parties, the transport of IntraMTA Traffic
may occur in several ways:
6.2.2.1.2.1 One-way or two-way trunk groups may be
established. However, if either Party elects to provision its own
one-way trunks for delivery of IntraMTA traffic to be terminated on
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the other Party's network, the ordering Party will provision its own
one-way trunks. The Party ordering one-way trunks will choose
the POI location for such one-way trunks.
6.2.2.1.2.2 WSP may purchase transport services from
CenturyLink or from a third party, including a third party that has
leased the private line transport service facility from CenturyLink.
Such transport provides a facility for the Type 2 trunk to be
provisioned in order to deliver the originating Party's IntraMTA
Traffic to the terminating Party's End Office Switch or Tandem
Switch for call termination. Transport may be purchased from
CenturyLink as Tandem Switch routed (i.e., tandem switching,
tandem transmission and direct trunked transport) or direct routed
to an end office (i.e., direct trunked transport). This Section is not
intended to alter either Party's obligation under Section 251(a) of
the Act.
6.2.2.1.3 When either Party utilizes the other Party's Tandem Switch for the
exchange of IntraMTA traffic, where there is a DS1's worth of traffic (512 CCS)
between the originating Party's End Office Switch delivered to the other Party's
Tandem Switch 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 Party's End Office
Switch. To the extent that WSP has established a Collocation arrangement at a
CenturyLink End Office Switch location, and has available capacity, WSP may, at
its sole option, provide two-way direct trunk facilities from that End Office Switch
to WSP's Switch.
6.2.2.1.4 Type 2 ordered to a Tandem Switch will be provided as direct trunked
transport between the Serving Wire Center of the WSP's POI and the Tandem
Switch. Tandem transmission rates, as specified in Exhibit A of this Agreement,
will apply to the transport provided from the Tandem Switch to CenturyLink's End
Office Switch.
6.2.2.1.5 If 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 Individual Case
Basis.
6.2.2.1.6 Regardless of the number of Location Routing Numbers (LRNs) used
by WSP in a LATA, CenturyLink will route traffic destined for WSP's End User
Customers via direct trunking where direct trunking has been established. In the
event that direct trunking has not been established, such traffic shall be routed
via a CenturyLink Tandem Switch.
6.2.2.2 InterMTA Traffic
6.2.2.2.1 InterMTA Traffic will be exchanged over Type 2 facilities and usage
will be rated using the CenturyLink's FCC's Access Tariff and the applicable
switched Access rates.
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6.2.2.3 Transit Traffic
6.2.2.3.1 CenturyLink will accept traffic originated by WSP's network and/or its
end user(s) for termination to other Telecommunications Carrier's network and/or
its end user(s) connected to CenturyLink's Switch. CenturyLink will also
terminate traffic from these other Telecommunications Carriers' networks and/or
its end users to WSP's network and/or its end users. For purposes of the
Agreement, transit traffic does not include traffic carried by Interexchange
Carriers. Such traffic is defined in Section 6.5 as CenturyLink's Wireless
Switched Access Traffic.
6.2.2.3.2 All transit traffic will be delivered to each involved network with
CCS/SS7 protocol and the appropriate ISUP/TCAP messages to facilitate full
interoperability and billing functions.
6.2.2.3.3 The originating company is responsible for payment of appropriate
rates to the transit company and to the terminating company. The Parties agree
to enter into traffic exchange agreements with third party Telecommunications
Carriers prior to delivering traffic to be transited to third party
Telecommunications Carriers. In the event one Party originates traffic that
transits the second Party's network to reach a third party Telecommunications
Carrier with whom the originating Party does not have a traffic exchange
agreement, then the originating Party will indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
Telecommunications Carrier, including any termination charges related to such
traffic and any attorneys fees and expenses
6.2.2.3.4 When CenturyLink receives an unqueried call from WSP to a
telephone number that has been Ported to another local services provider, the
transit rate will apply in addition to any query rates.
6.2.2.3.5 In the case of a transit call that terminates in the Local Calling Area
but in a different state than the call originated, and the WSP does not have an
agreement with CenturyLink in the state where the transit call terminated, WSP
must execute an agreement for that state if it is a state served by CenturyLink. In
the absence of such agreement, the transit rate in Exhibit A of this Agreement
will be billed to the WSP.
6.2.2.4. CenturyLink's Wireless Switched Access Traffic (See Section 6.5)
6.2.2.5 Interface Code Availability
Supervisory signaling specifications, and the applicable network channel interface codes
for Type 2 trunks, are the same as those defined in Telcordia now iconectiv Reference
Documents GR-145-CORE and BR-795-403-100.
6.2.2.6 Signaling Options
6.2.2.6.1 SS7 Out of Band Signaling. SS7 Out-of Band Signaling must be
requested on orders for Type 2 trunks. Common Channel Signaling Access
Capability Service may be obtained under CenturyLink Intrastate and/or FCC
Access Tariffs or from a third party signaling provider. SS7 signaling may be
used on Type 2 Equal Access Trunks in an office where the SS7 Cell Feature
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has been deployed. Each of the Parties, CenturyLink and WSP, will provide for
Interconnection of their signaling network for the mutual exchange of signaling
information in accordance with the industry standards as described in Telcordia
now iconectiv documents, including but not limited to GR-905 CORE, GR-954
CORE, GR-394 CORE and CenturyLink Technical Publication 77342.
6.2.2.6.2 Multi-Frequency Signaling or MF Signaling is a signaling method
used for ancillary services to transmit address information and other information
over voice frequency transmission facilities. It is also referred to as In-Band
Signaling.
6.2.2.6.3. Clear Channel Capability (64CCC) permits 24 DSO-64 Kbps
services or 1.536 Mbps of information on the 1.544 Mbps line rate. 64CCC is
available for Type 2 trunks equipped with SS7 Out-of-Band Signaling. 64CCC
must be requested on the order for the new Type 2 trunks. CenturyLink will
provide WSP with a listing of CenturyLink Switches fully capable of routing
64CCC traffic through the CenturyLink web site:
http://www.centurylink.com/disclosures. Where available to CenturyLink,
CenturyLink will provide WSP with the same 64CCC on an alternate route or if
necessary via an overlay network.
6.2.2.7. Measurement of terminating Wireless Interconnection Service (WIS) minutes
begins when the terminating WIS entry Switch receives answer supervision from the
called End User Customer's End Office Switch indicating the called End User Customer
has answered. The measurement of terminating call usage over Type 2 trunks ends
when the terminating WIS entry Switch receives disconnect supervision from either the
called End User Customer's End Office Switch, indicating the called End User Customer
has disconnected, or WSP's Point of Interconnection, whichever is recognized first by
the entry Switch. This is commonly referred to as "conversation time." The Parties will
only charge for actual minutes of use and/or fractions thereof of completed calls.
Minutes of use are aggregated at the end of the billing cycle by End Office Switch and
rounded to the nearest whole minute.
6.2.2.8 WIS Forecasting
6.2.2.8.1 Both WSP and CenturyLink shall work in good faith to define a
mutually agreed upon forecast of Type 2 trunking.
6.2.2.8.2 Both Parties shall have the obligation to participate in joint planning
meetings to establish trunk design and Provisioning requirements. The Parties
agree to provide mutual trunk forecast information to ensure End User Customer
call completion between the Parties' networks. Such forecasts shall be for Type
2 trunking, which impacts the Switch capacity and facilities of each Party.
CenturyLink shall provide WSP trunk group specific projections to WSP on or
before the date of the joint planning meeting.
6.2.2.8.3 Switch capacity growth requiring the addition of new switching
modules may require six (6) months for ordering and installation. To align with
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the timeframe needed to provide for the requested facilities, including
engineering, ordering, installation and make ready activities, for capacity growth
CenturyLink will utilize WSP's semi-annual forecasts and near-term demand
submitted on Unforecasted Demand Notification Form to ensure availability of
Switch capacity.
6.2.2.8.4 The forecast will identify trunking requirements for a two (2) year
period.
6.2.2.8.5 Both Parties will follow the forecasting and Provisioning requirements
of this Agreement for the appropriate sizing of trunks, and use of direct End
Office Switch versus Tandem Switch routing. See Section 6.2.2.1.3.
6.2.2.8.6 Joint planning meetings will be used to bring clarity to the forecasting
process. Each Party will provide adequate information associated with the
CenturyLink Type 2 Trunk Forecast Forms in addition to its forecasts. During the
joint planning meetings, both Parties shall provide information on major network
projects anticipated for the following year that may impact the other Party's
forecast or Interconnection requirements. No later than two (2) weeks prior to the
joint planning meetings, the Parties shall exchange information to facilitate the
planning process. CenturyLink shall provide WSP a report reflecting then current
spare capacity at each CenturyLink Switch that may impact the Interconnection
traffic. CenturyLink shall also provide a report reflecting then current blocking of
local direct and alternate final trunk groups, Interconnection and non-
Interconnection alike. WSP will be provided Interconnection trunk group data on
its own trunks. CenturyLink shall also provide a report reflecting Tandem Switch
routed Interconnection trunking that has exceeded 512BHCCS. The information
is CenturyLink-proprietary, provided under non-disclosure and is to be used
solely for Interconnection network planning.
6.2.2.8.7 In addition to the above information, WSP shall provide:
(a) Completed CenturyLink Type 2 Trunk Forecast Forms; and
(b) Any planned use of an alternate Local Tandem Provider.
6.2.2.8.8 In addition to the above information, the following information will be
available through the Local Exchange Routing Guide (LERG). The LERG is
available through Telcordia now iconectiv.
(a) CenturyLink Tandem Switches and CenturyLink End Office Switches
(LERG);
(b) CLLI codes;
(c) Switch type.
CenturyLink will notify WSP, of the anticipation of a new Local Tandem Switch in
accordance with FCC rules on network changes.
6.2.2.8.9 CenturyLink network disclosure of deployment information for specific
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technical capabilities (e.g., ISDN deployment, 64 CCC, etc.) shall be provided on
CenturyLink's web site, http://www.centurylink.com/disclosures.
6.2.2.8.10 When appropriate, CenturyLink will notify WSP through the
CenturyLink Trunk Group Servicing Request (TGSR) process of the need to take
action and place orders in accordance with the forecasted trunk requirements.
WSP shall respond to the TGSR within ten (10) business days of receipt.
6.2.2.8.11 The following terms shall apply to the forecasting process:
6.2.2.8.11.1 WSP forecasts shall be provided to CenturyLink as detailed in the
standard Wireless Type 2 Trunk Forecast Form.
6.2.2.8.11.2 WSP forecasts provided to CenturyLink, information provided by
WSP to CenturyLink outside of the normal forecasting process to modify the
forecast, and forecasting information disclosed by CenturyLink to WSP shall be
deemed Confidential Information and the Parties may not distribute, disclose or
reveal, in any form, this material other than as allowed and described in
subsections 5.16.9.1 and 5.16.9.2.
6.2.2.8.12 To the extent that WSP's historical trunking underutilization is such
that it restricts CenturyLink from provisioning trunking to itself or other carriers
without CenturyLink augmenting its Switch for additional trunking capacity,
CenturyLink reserves the right to reclaim the facilities for the purpose of providing
capacity to itself or other carriers. CenturyLink shall not leave the WSP-assigned
trunk group with less than twenty five percent (25%) excess capacity. Ancillary
trunks are excluded from this treatment.
6.2.2.8.13 Intentionally Left Blank.
6.2.2.8.14 Each Party shall provide a specified point of contact for planning,
forecasting and trunk servicing purposes.
6.2.2.8.15 Interconnection facilities provided on a route that involves
extraordinary circumstances may be subject to the Construction Charges, as
detailed in Section 19 of this Agreement. When CenturyLink claims extraordinary
circumstances exist, it must apply to the Commission for approval of such
charges by showing that WSP alone is the sole cause of such construction.
CenturyLink shall initiate such proceeding within ten (10) Days of notifying WSP
in writing that it will not construct the requested facilities, or within ten (10) Days
of notice from WSP in writing that CenturyLink must either commence
construction of the facilities or initiate such proceeding with the Commission. In
this proceeding, CenturyLink shall not object to using the most expeditious
procedure available under state law, rule or regulation. CenturyLink shall be
relieved of its obligation of constructing such facilities during the pendency of the
proceeding before the Commission. If the Commission approves such charges,
CenturyLink and WSP will share costs in proportion to each Party's use of the
overall capacity of the route involved. CenturyLink and WSP may also choose to
work in good faith to identify and locate alternative routes that can be used to
accommodate WSP forecasted build. Extraordinary circumstances include, but
are not limited to, natural obstructions such as lakes, rivers, or steep terrain, and
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legal obstructions such as governmental, federal, Native American or private
rights of way. The standard CenturyLink forecast period of six (6) months may
not apply under these circumstances. Construction Charges shall not apply in
the event that construction is an augment of an existing route.
6.2.2.9 Trunking Requirements
6.2.2.9.1 The Parties will provide designed Interconnection facilities that meet the
same technical criteria and service standards, such as probability of blocking in peak
hours and transmission standards, in accordance with current industry standards.
6.2.2.9.2 Intentionally Left Blank.
6.2.2.9.3 Separate trunk groups will be established based on billing, signaling, and
network requirements. The following is the current list of traffic types that require
separate trunk groups, unless specifically otherwise stated in this Agreement.
a) Directory Assistance trunks (where the Switch type requires separation
from operator services trunks);
b) 911/E911 trunks;
c) Operator services trunks (where the Switch type requires separation from
Directory Assistance trunks);
d) Mass calling trunks, if applicable.
6.2.2.9.3.1 IntraMTA, ISP-Bound and Wireless Switched Access Traffic (See
Section 6.5), may be combined in a single WIS trunk group at access tandems
as appropriate per Section 6.2.2.9.6. Wireless Switched Access Traffic may,
upon request, be routed on a separate WIS trunk group with all other traffic
combined on the other trunk group at access tandems as appropriate per Section
6.2.2.9.6.
6.2.2.9.4 Trunks will be ordered in increments of DS1 for exchange of IntraMTA and
Wireless Switched Access Traffic. Directory Assistance, 911/E911, and Toll Free
Service trunks may be ordered in DSO.
6.2.2.9.5 The Parties will provide Common Channel Signaling (CCS) to one another in
conjunction with all trunk circuits, except as provided below.
a) The Parties will provision all trunking using SS7/CCS capabilities.
Exceptions to this arrangement would be limited to operator services trunking,
Directory Assistance trunking and 911 trunking.
b) When the Parties interconnect via CCS for Wireless Switched Access
Traffic, the Tandem Switch provider will provide MF/CCS interworking as
required for Interconnection with Interexchange Carriers who use MF signaling.
6.2.2.9.6 WSP may interconnect at either the CenturyLink Local Tandem Switch or the
CenturyLink Access Tandem Switch for the delivery of IntraMTA traffic. When WSP is
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interconnected at the Access Tandem Switch and where there would be a DS1's worth
of local traffic (512 BHCCS) between WSP's Switch and those CenturyLink End Office
Switches subtending a CenturyLink Local Tandem Switch, WSP will order a direct trunk
group to the CenturyLink Local Tandem Switch.
6.2.2.9.6.1 CenturyLink will allow Interconnection for the exchange of
IntraMTA traffic at CenturyLink's Access Tandem Switch without requiring
Interconnection at the Local Tandem Switch, at least in those circumstances
when traffic volumes do not justify direct connection to the Local Tandem Switch;
and regardless of whether capacity at the Access Tandem Switch is exhausted
or forecasted to exhaust.
6.2.2.9.7 To the extent CenturyLink is using a specific End Office Switch to
deliver limited Tandem Switch functionality to itself, a wireless service provider,
another WSP, or another ILEC, it will arrange the same trunking for WSP.
6.2.2.9.8 Alternate Traffic Routing. If WSP has a WIS arrangement which provides
two (2) paths to a CenturyLink End Office Switch (one (1) route via a Tandem Switch
and one (1) direct route), WSP may elect to utilize alternate traffic routing. WSP traffic
will be offered first to the direct trunk group (also referred to as the "primary high" route)
and then overflow to the Tandem Switch group (also referred to as the "alternate final"
route)for completion to CenturyLink End Office Switches.
6.2.2.9.9 Host-Remote. When a CenturyLink Wire Center is served by a remote
End Office Switch, WSP may deliver traffic to the host Central Office or to the Tandem
Switch.
6.2.2.10 Wireless Interconnection Requirements
6.2.2.10.1 As a part of the Wireless Interconnection requirements, WSP will
establish Type 2 trunk groups to the CenturyLink Access Tandem, CenturyLink Local
Tandem or End Office Switch(es), as required.
6.2.2.10.2 Type 2A Local Tandem Interconnections
6.2.2.10.2.1 The Type 2A Local Tandem Interconnection links WSP's POI to a
CenturyLink Local Tandem and is used for the exchange of IntraMTA Traffic
between WSP and NXXs served by the End Offices subtending the Local
Tandem. This Interconnection arrangement carries both first routed direct final
traffic and traffic overflowed on an alternate final basis from a Type 2B Primary
High Use Interconnection arrangement. A separate Type 2A Access Tandem
Interconnection is needed in conjunction with a Type 2A Local Tandem
Interconnection for the exchange of InterMTA, IntraLATA Toll, and Wireless
Switched Access Traffic.
6.2.2.10.3 Type 2A Access Tandem Interconnection
6.2.2.10.3.1 The Type 2A Access Tandem Interconnection links WSP's POI to
a CenturyLink Access Tandem for the exchange of InterMTA and Wireless
Switched Access Traffic. In some circumstances, the WSP may also choose to
use a Type 2A Access Tandem connection for the exchange of IntraMTA Traffic.
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A Type 2A Access Tandem connection can be configured in either of the
following ways: 1.) as a separate trunk group for both IntraMTA and InterMTA per
section 6.2.2.9.6 excluding Wireless Switched Access Traffic and a second trunk
group for Wireless Switched Access Traffic or 2.) as a single combined trunk
group per section 6.2.2.9.6 for IntraMTA/InterMTA/Wireless Switched Access
Traffic. Wireless Interconnection service arrangement requires connection to
those Access Tandems in each LATA where WSP has originating or terminating
traffic.
6.2.2.10.4 Type 2A Equal Access Interconnection
6.2.2.10.4.1 This direct final route trunk group is used for the delivery of
Interexchange Carrier Wireless Switched Access Traffic. It is an Interconnection
with in-band signaling or out of band signaling, where available, using Feature
Group D signaling protocol between WSP's POI and the Access Tandem serving
the area in which the POI is located. The service enables WSP's End User
Customers to use their pre-subscribed Interexchange Carrier of choice. Equal
Access trunks are available as one way out (mobile to land) in an office where
the SS7 Cell Feature has been deployed and are not available as one way in
(land to mobile), two way or for paging trunks.
6.2.2.10.5 Type 2B Interconnections
6.2.2.10.5.1 Type 2B Primary High Use Interconnection
6.2.2.10.5.1.1 The Type 2B Primary High Use Interconnection is a two-
way trunk group Interconnection between WSP's POI and a CenturyLink End
Office, within the same LATA. WSP must designate a Type 2A Trunk Group to a
CenturyLink Local Tandem or Access Tandem Switch for overflow. Type 2B
Primary High Use service is only available in conjunction with an associated
Type 2A service and is offered only where facilities and operating conditions
permit. WSP's IntraMTA and CenturyLink's Local Traffic can be exchanged over
this Interconnection. WSP will not route ancillary traffic or Wireless Switched
Access Traffic through the Type 2B Primary High Use Interconnection. Type 2B
Primary High Use trunks are required when actual busy hour traffic exceeds 512
CCS to a CenturyLink End Office. Only traffic destined to telephone numbers
associated with the CenturyLink End Office and the WSP's POI may be
exchanged on this trunk group.
6.2.2.10.5.2 Type 2B Full Group Service Interconnection
6.2.2.10.5.2.1 The Type 2B Full Group Service is a direct final, two-way trunk
group connection between WSP POI and a CenturyLink End Office, within the
same LATA. Each 2B Full Group serves only the individual End Office. Overflow
capability to an alternative trunk group is not available with a Type 2B Full Group
configuration. Only traffic destined to telephone numbers associated with the
CenturyLink End Office and the WSP's POI may be exchanged on this trunk
group.
6.2.2.10.6 Type 2D Interconnection
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6.2.2.10.6.1 Type 2D Interconnection is a direct final route trunk group
between a WSP Point of Interconnection and the Operator Services Tandem for
the delivery of calls (i.e., Directory Assistance, National Directory Assistance,
Operator Services). Type 2D Interconnection is a direct route to the Operator
Services Tandem only. Type 2D trunks are available as one way out, mobile to
land (to the CenturyLink Operator Tandem); they are not available as one way in
or for paging. CenturyLink offers Signaling System 7 (SS7) and Multi-frequency
(MF) signaling on Type 2D Interconnection.
6.2.2.10.7 Ancillary Interconnection
6.2.2.10.7.1 One-way mobile to land trunk group connection between the WSP
POI and the CenturyLink network to terminate calls for miscellaneous traffic
including: Directory Assistance, Operator Services (collect, credit card and Third
Party Billed), MF Toll Free Services, and E911/911.
6.2.2.11 Testing
6.2.2.11.1 Acceptance Testing. At the time of installation of a WIS trunk
group, and at no additional charge, acceptance tests will be performed to ensure
that the service is operational and meets the applicable technical parameters.
6.2.2.11.2 Testing Capabilities
6.2.2.11.2.1 Type 2 acceptance testing is provided where equipment is
available, with the following test lines: seven-digit access to balance (100 type),
milliwatt (102 type), nonsynchronous or synchronous, automatic transmission
measuring (105 type), data transmission (107 type), loop-around, short circuit,
open circuit, and non-inverting digital loopback (108 type), and such other
acceptance testing that may be needed to ensure that the service is operational
and meets the applicable technical parameters.
6.2.2.11.2.2 In addition to Type 2 acceptance testing, other tests are available
(e.g., additional cooperative acceptance testing, automatic scheduled testing,
cooperative scheduled testing, manual scheduled testing, and non-scheduled
testing) at the applicable rates found in Exhibit A, Miscellaneous Charges.
6.2.2.11.3 Repair Testing. At the time of repair of a Type 2 trunk group, at
no additional charge, tests will be performed to ensure that the service is
operational and meets the applicable technical parameters.
6.2.2.12 Mileage Measurement. Where required, the mileage measurement for Type 2
rate elements is determined in the same manner as the mileage measurement for V & H
methodology as outlined in NECA Tariff No. 4.
6.3 Intercarrier Compensation
6.3.1 Interconnection Facility Options
The Intercarrier Compensation Provisions of this Agreement shall apply to the exchange of
IntraMTA Traffic between WSP's network and CenturyLink's network. Where either Party
interconnects and delivers traffic to the other from third parties, each Party shall bill such third
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parties the appropriate charges pursuant to its respective tariffs, price lists or contractual
offerings for such third party terminations. Absent a separately negotiated agreement to the
contrary, the Parties will directly exchange traffic between their respective networks without the
use of third party transit providers.
6.3.1.1 WIS Entrance Facilities
6.3.1.1.1 Recurring and nonrecurring rates for Entrance Facilities are specified in
Exhibit A and will apply for those DS1 or DS3 facilities dedicated to use by Type 2
Service.
6.3.1.1.2 If WSP chooses to provision WIS facilities over an existing facility
purchased as private line transport service from the CenturyLink state or FCC access
Tariffs, the rates from those Tariffs will apply.
6.3.1.2 Collocation
6.3.1.2.1 See Section 7.
6.3.2 Direct Trunked Transport
6.3.2.1. Either Party may elect to purchase Direct trunked transport ("DTT") from the other
Party.
6.3.2.1.1 DTT is available between the Serving Wire Center of the POI and the
terminating and/or transiting Party's Tandem Switch or End Office Switches. The
applicable rates are described in Exhibit A. DTT facilities are provided as dedicated
DS3, DS1 or DSO facilities.
6.3.2.1.2 When DTT is provided to a local or Access Tandem Switch for IntraMTA
traffic, or to an Access Tandem Switch for Wireless Switched Access Traffic, the
applicable DTT rate elements apply between the Serving Wire Center and the Tandem
Switch. Additional rate elements for delivery of traffic to the terminating End Office
Switch are tandem switching and tandem transmission. These rates are described
below.
6.3.2.1.3 Mileage shall be measured for DTT based on V&H coordinates between the
Serving Wire Center and the local/Access Tandem or End Office Switch.
6.3.2.1.4 Fixed Charges per DSO, DS1 or DS3 and per mile charges are applicable
and are defined for DTT in Exhibit A of this Agreement.
6.3.2.2 Multiplexing options (DS1/DS3 MUX or DSO/DS1 MUX) are available at the rates
specified in Exhibit A.
6.3.3 Trunk Nonrecurring Charges
6.3.3.1 Installation nonrecurring charges may be assessed by the provider for each Type 2
trunk ordered. CenturyLink rates are specified in Exhibit A.
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6.3.3.2 Nonrecurring charges for rearrangement may be assessed by the provider for each
Type 2 trunk rearrangement ordered, at one-half the trunk non-recurring interface rates
specified in Exhibit A.
6.3.4 Ancillary Interconnection Trunks
6.3.4.1 Recurring and nonrecurring rates for One-way mobile to land ancillary trunks are
specified in Exhibit A and will apply per one-way mobile to land ancillary trunk.
6.3.5 IntraMTA Traffic
6.3.5.1 Bill and Keep shall apply to the exchange of IntraMTA traffic, solely when such traffic
terminates to the End User Customers (including wireless traffic of end user customers of
WSP's wireless roaming partners) of one of the Parties.
6.3.5.2 Notwithstanding anything in this Agreement to the contrary, Bill and Keep shall not
apply to the right of CenturyLink to be compensated for Transit Traffic that transits a
CenturyLink Tandem.
6.3.5.3 WSP agrees that it will only route traffic from its own wireless End User Customers
(including wireless traffic of end user customers of WSP's wireless roaming partners) to
CenturyLink for termination to CenturyLink End User Customers or as Transit Traffic destined
for a third party. In the event WSP routes any traffic from third parties to CenturyLink in violation
of this paragraph, CenturyLink shall be entitled to seek injunctive relief and to recover damages,
including without limitation, compensation for such traffic at the rate that is then applicable to
intrastate or interstate access traffic, as appropriate.
6.3.6 Miscellaneous Charges
Miscellaneous Charges apply for the following miscellaneous services when provided with WIS
trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document
that provides the amount of each Miscellaneous Charge.
6.3.6.1 Cancellation charges will apply to cancelled Type 2 trunk orders based upon
critical dates, terms and conditions in accordance with the Access Service Tariff Section 5.2.3,
and the Trunk Nonrecurring Charges referenced in this Agreement.
6.3.6.2 Expedite requests for WIS trunk orders are available. Expedites are requests for
intervals that are shorter than the interval defined in CenturyLink's Service Interval Guide (SIG)
or Individual Case Basis (ICB) Due Dates. Expedite charges apply per order for every day that
the Due Date interval is shortened, based on the standard interval in the SIG or based on ICB
criteria for Due Dates.
6.3.6.2.1 WSP will request an expedite for WIS trunks, including an expedited Due
Date, on the Access Service Request (ASR).
6.3.6.2.2 The request for expedite will be approved only when the request meets the
criteria outlined in the Pre-Approved Expedite Process in CenturyLink's Product Catalog
at CenturyLink's wholesale web site.
6.3.6.3 Additional testing including cooperative acceptance testing, automatic scheduled
testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing, is
available for WIS trunks.
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6.3.7 Intentionally Left Blank
6.3.8 Transit Traffic
6.3.8.1 Transit Traffic will be charged on a per minute of use rate to the originating Party
for any traffic terminating to an entity other than a CenturyLink affiliate operating as an
Incumbent Local Exchange Carrier, as contained in Exhibit A.
6.3.8.2 When Transit Traffic originated by a third party is routed to the WSP through a
CenturyLink switch that provides a tandem function, and the third party is not legally obligated to
compensate CenturyLink for the Transit Service provided in transporting the traffic to WSP, then
WSP will either:
6.3.8.2.1 Establish direct interconnection with such third party; or
6.3.8.2.2 Pay the Transit charges for such traffic
6.3.9 Signaling Parameters
6.3.9.1 CenturyLink and WSP are required to provide each other the proper signaling
information (e.g., originating Calling Party Number (CPN), Charge Number (ChN) and
destination call party number, etc.) per 47 C.F.R. § 64.1601 to enable each Party to issue bills
in a complete and timely fashion. All CCS signaling parameters will be provided including CPN,
calling party category, ChN, and Originating Line Information Parameter (OLIP) on calls
destined for Interexchange Carriers (IXCs)All privacy indicators will be honored.
6.3.10 Intercarrier Compensation Credit Method
6.3.10.1 CenturyLink uses mathematical formulas called factors or PLU (Percent Local Use)
factors to determine billing for Intercarrier Compensation Credit. The factors may be changed
based upon a three consecutive month traffic study generated by either Party and acceptable to
both parties by amending this Agreement.
PLU Factor Percentage Description
PLU Refer to Exhibit A Determines portion of CenturyLink
originated L-M MOUs used to
calculate facility credit compensation
6.3.10.2 Type 2 Facilities Credit
6.3.10.2.1 When WSP leases Type 2 facilities from CenturyLink for WIS Entrance
Facility, DTT and Multiplexing, CenturyLink's charges shall be adjusted to account for
the portion of the facility used to transport traffic originated by CenturyLink's End User
Customers to WSP, as follows.
6.3.10.2.1.1 A credit will be calculated by multiplying the sum of the total
monthly two way channel facility for the WIS Entrance Facility, DTT, and
multiplexer state specific charges by a Percent Local Usage (PLU) factor (See
Section 6.3.10). This credit will be applied each month for the term of this
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Agreement.
6.3.10.2.1.2. The Parties agree that the Facilities Credit is intended to apply
only to 2-way Type 2 Interconnection facilities.
6.3.10.3 Intentionally Left Blank.
6.3.11 Intentionally Left Blank.
6.3.12 InterMTA Traffic
6.3.12.1 Applicable CenturyLink interstate Switched Access Tariff rates apply to InterMTA
Traffic routed to a Toll/Access Tandem, Local Tandem, or directly to an End Office. Applicable
CenturyLink Switched Access Tariff rates also apply to InterMTA Roaming traffic originated by,
or terminating to, CenturyLink. Relevant usage-sensitive rate elements could include tandem
switching, tandem transmission, and local switching, as appropriate.
6.3.12.2 For billing purposes, if either Party is unable to classify on an automated basis
traffic delivered by WSP as Mobile to Land (M-L) InterMTA, traffic, intrastate or interstate, WSP
will provide CenturyLink with a Percent M-L InterMTA factor, which represents the estimated
portion of InterMTA traffic and InterMTA Roaming traffic delivered by WSP. The M-L InterMTA
factor is applied to the measured mobile to land minutes of use terminated on CenturyLink's
network to determine the portion of InterMTA minutes to be billed at interstate Access rates.
The M-L InterMTA factor will be identified in Exhibit A unless proven otherwise based upon a
traffic study generated by either Party and acceptable to both parties.
6.3.12.3 For billing purposes, CenturyLink will use a Land to Mobile (L-M) InterMTA
Percent Factor, which represents the estimated portion of total traffic delivered by CenturyLink
to WSP that terminates (based on the first cell site of the Wireless End User Customer) outside
the MTA in which the call originated. The L-M InterMTA factor is applied to CenturyLink's land to
mobile minutes of use and billed at interstate Switched Access Tariff rates. The L-M InterMTA
factor will be identified in Exhibit A unless proven otherwise based upon a traffic study
generated by either Party and acceptable to both parties.
6.4 Ordering
6.4.1 When ordering Type 2 Service, the ordering Party shall specify requirements on
the Access Service Request (ASR): 1) the type and number of Interconnection facilities to
terminate at the Point of Interconnection in the Serving Wire Center; 2) the type of interoffice
transport, (i.e. direct trunked transport or tandem switched transport); and 3) the number of
ports to be provisioned at End office Switch or Local Tandem Switch; 4) any optional features.
When the ordering Party requests facilities, routing or optional features different than those
determined to be available, the Parties will work cooperatively in determining an acceptable
configuration based on available facilities, equipment and routing plans.
6.4.2 For each NXX code assigned to WSP by the NANPA, WSP will provide
CenturyLink with the CLLI codes of the CenturyLink Tandem Switches and WSP's Point of
Interface to which traffic associated with the NXX will be routed. For NXX codes assigned to
existing Type 2 trunk groups, WSP will also provide CenturyLink with the CenturyLink assigned
two-six Code (TGSN) to which each NXX will be routed. Information that is not currently
available in the LERG may be provided via the NPA NXX Code Request Routing Form available
on the CenturyLink web site:
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http://www.centurylink.com/wholesale/notices/npa nxxProcess.html.
Either Party shall respond to a special request for a NPA NXX Code Request Routing Form
when a single Switch is served by multiple trunk groups.
6.4.3 When either Party has ordered a DS3 WIS Entrance Facility or private line
facility, that Party will order the appropriate DS1 facility required and identify the channels of the
DS3 to be used to provide circuit facility assignments (CFA). Also, if WSP has provided or
ordered a DS1 WIS Entrance Facility or private line facility, WSP will be responsible for
identification of the DSO channels of the DS1 private line to be used to provide CFA.
6.4.4 A joint planning meeting will precede initial trunking orders. These meetings will
result in agreement and commitment that both Parties can implement the proposed plan and the
transmittal of Access Service Requests (ASRs) to initiate order activity. The Parties will provide
their best estimate of the traffic distribution to each End Office Switch subtending the Tandem
Switch.
6.4.5 If WSP uses a method of interconnection of one POI in the LATA or the access
tandem for local traffic in accordance with Section 6.1.2 and/or 6.2.2.9.6, CenturyLink and WSP
will work together to review WSP's network configuration in order to ensure correct and
complete ASR ordering.
6.4.6 Service intervals and Due Dates for initial establishment of trunking arrangements at
each new Switch location of Interconnection between the Parties will be determined on an
Individual Case Basis.
6.4.7 CenturyLink will establish intervals for the provision of WIS trunks that conform to
the performance objectives set forth in the Standard Interval Guide (SIG), available on
CenturyLink's web site: http://www.centurylink.com/wholesale/pcat/wireless.html. CenturyLink
will provide notice to WSP of any changes related to ordering Type 2 service according to the
established processes.
6.4.8 The ordering Party may cancel an order at any time prior to notification that service
is available. If the ordering Party is unable to accept Type 2 Service within thirty (30) Days after
the original service date, WSP has the following options:
a) The order for Type 2 Service will be cancelled, and cancellation charges
specified in 6.3.5.1 apply unless otherwise mutually agreed by the Parties;
b) Intentionally Left Blank.
c) Billing for the service will commence.
In such instances, the cancellation date or the date Billing is to commence, depending on which
option is selected, will be the 31 st Day after the Service Date
6.5 Wireless Switched Access Traffic
6.5.1 WSP must select one of the following methods for the delivery of WSP Switched
Access Service: 1) Jointly Provided Switched Access (JPSA), or 2) CenturyLink-provided
Wireless Switched Access Traffic. Both methods require the provisioning of Type 2 trunks.
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6.5.1.1 JPSA describes traffic involving interexchange carriers and the allocation
of billing between multiple carriers based on industry standard processes. JPSA is defined and
governed by the FCC No. 1, Section 2.4.7, and State Access Tariffs, Multiple Exchange Carrier
Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD)
Guidelines, and is not modified by any provisions of this Agreement. CenturyLink and WSP
agree that all parties in the route, including the originating intermediate, and terminating WSPs
or LECs for Switched Access, will cooperatively determine the Jointly Provided Switched
Access arrangements in which all Parties concur. Each Party will bill the IXC the appropriate
portion of its Switched Access rates. CenturyLink will also provide the one-time notification to
WSP of the billing name, billing address and the Carrier Identification Codes (CIC) of the IXCs
subtending any Access Tandems to which WSP directly connects.
6.5.1.1.1 CenturyLink will agree to function as the Access Service Coordinator
(ASC) as defined in the Multiple Exchange Carrier Ordering and Design Guidelines
(MECOD). CenturyLink will provide the operational, technical and administrative support
required in the planning, provisioning and maintenance involved in the joint access
provisioning process to the IXCs. CenturyLink will be unable to fulfill the role of ASC if
WSP does not fully comply with MECOD requirements, and file WSP End Offices and
billed percentages (BPs) in the NECA 4 Tariff.
6.5.1.1.2 The ATIS Network Interconnection Interoperability Forum (NIIF)
recommended methodologies must be adhered to by all Local Exchange Carriers
(LECs) to provide timely notification to the industry of changes in their access network
architecture.
6.5.1.1.2.1 The ATIS document is titled Recommended Notification
Procedures to Industry for Changes in Access Network Architecture.
6.5.1.1.3 Billing to the IXC will follow MECAB's multiple bill single tariff option
whereby CenturyLink and WSP render separate bills to the IXC.
6.5.1.1.4 A charge will apply for Category 11-01-XX records sent in an EMI
mechanized format. These records are used to provide information necessary for each
Party to bill the Interexchange Carrier for Jointly Provided Switched Access Services and
8XX database queries. The charge for each record created and transmitted is listed in
Exhibit A of this Agreement.
6.5.1.1.5 The applicable Switched Access rates will be billed by the Parties to the
IXC based on MECAB guidelines and each Party's respective FCC, state Access Tariffs
or contractual agreements.
6.5.1.2. CenturyLink-provided Wireless Switched Access Traffic connects
Wireless End User calls and an interexchange carrier, whereby CenturyLink completes the
connection between WSP's POI and the long distance provider, using WSP Type 2
Interconnection trunking arrangements described in this Agreement, in accordance with the
regulations set forth in FCC and State Access Tariffs. CenturyLink's billing to the IXC is
described in FCC No. 1 Tariff, Section 2.4.8. CenturyLink and WSP agree that under this option,
CenturyLink will determine the routes in all Switched Access arrangements. WSPs are required
to follow MECOD requirements. WSPs are not required to file BPs in the NECA 4 Tariff.
6.5.1.2.1 Category 11-01-XX records are not exchanged under this option, and in all
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instances, CenturyLink performs the 8XX database queries.
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Section 7
Collocation
SECTION 7.0 - COLLOCATION
7.1 Collocation allows for the placing of Telecommunications equipment owned by WSP
within Centuryl-ink's premises that is necessary for Interconnection with Centuryl-ink under a
Type 2 arrangement. There are five (5) types of Collocation available: Virtual, Caged Physical,
Shared Caged Physical, Cageless Physical, Interconnection Distribution Frame (ICDF) (for
Ancillary services only).
7.2 Should the Parties desire to establish a Type 2 Wireless Collocation relationship, the
Parties will enter into an Amendment to this Agreement and additional insurance requirements
may apply.
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Section 8
Intentionally Left Blank
SECTION 8.0 - INTENTIONALLY LEFT BLANK
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Section 9
Ancillary Services
SECTION 9.0 -ANCILLARY SERVICES
9.1 Local Number Portability
9.1.1 Managed Cuts
9.1.1.1 Local Number Portability (LNP) is defined by the FCC as the ability of users of
Telecommunications Services to retain, at the same location, existing telecommunications
numbers without impairment of quality, reliability, or convenience when switching from one
Telecommunications Carrier to another.
9.1.1.2 WSP may order the LNP Managed Cut, as described in Section 9.1.1.3.
9.1.1.2.1 Parties understand that LNP order activity may be coordinated in order to
ensure that the end user is provided with uninterrupted service. If the Party porting the
telephone number experiences problems with its Port, and needs to delay or cancel the
Port, that Party shall notify the other Party immediately. Parties will work cooperatively
and take prompt action to delay or cancel the Port in accordance with industry (LNPA's
Working Group) accepted procedures to minimize End User Customer service
disruptions.
9.1.1.3 LNP Managed Cut: A Managed Cut permits WSP to select a project managed cut
for LNP. Managed Cuts are offered on a 24 X 7 basis.
9.1.1.3.1 The date and time for the managed cut requires up-front planning and may
need to be coordinated between CenturyLink and WSP. All requests will be processed
on a first come, first served basis and are subject to CenturyLink's ability to meet a
reasonable demand. Considerations such as system downtime, switch upgrades, switch
maintenance, and the possibility of other WSPs requesting the same Frame Due Time
(FDT) in the same switch (switch contention) must be reviewed. In the event that any of
these situations would occur, CenturyLink will coordinate with WSP for an agreed upon
FDT, prior to issuing the Firm Order Confirmation (FOC). In special cases where a FDT
must be agreed upon, the interval to reach agreement will not exceed two (2) Days. In
addition, standard intervals will apply.
9.1.1.3.2 WSP shall request a Managed Cut by submitting a Local Service Request
(LSR) and designating this order as a Managed Cut in the remarks section of the LSR
form. WSP must also populate Manual IND field with the letter Y.
9.1.1.3.3 WSP will incur additional charges for the Managed Cut dependent upon the
FDT. The rates are based upon whether the request is within CenturyLink's normal
business hours or out of hours. CenturyLink's normal business hours are 7:00 a.m. to
7:00 p.m., end user local time, Monday through Friday. The rate for Managed Cuts
during normal business hours is the standard rate. The rate for Managed Cuts out of
hours, except for Sundays and Holidays, is the overtime rate. Sundays and Holidays are
at premium rate.
9.1.1.3.4 Charges for Managed Cuts shall be based upon actual hours worked in one
half ('/2) hour increments. Exhibit A of this Agreement contains the rates for Managed
Cuts. WSP understands and agrees that in the event WSP does not make payment for
Managed Cuts, unless disputed as permitted under Section 5.4 of the Agreement,
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CenturyLink shall not accept any new LSR requests for Managed Cuts.
9.1.1.3.5 CenturyLink will schedule the appropriate number of employees prior to the
cut, normally not to exceed three (3) employees, based upon information provided by
WSP. WSP will also have appropriate personnel scheduled for the negotiated FDT. If
WSP's information is modified during the cut, and, as a result, non-scheduled employees
are required, WSP shall be charged a three (3) hour minimum callout charge per each
additional non-scheduled employee. If the cut is either cancelled, or supplemented
(supp) to change the due date, within twenty-four (24) hours of the negotiated FDT,
WSP will be charged a one person three (3) hour minimum charge. If the cut is
cancelled due to a CenturyLink error or a new due date is requested by CenturyLink,
within twenty-four (24) hours of the negotiated FDT, CenturyLink may be charged by
WSP one person three (3) hour minimum charge as set forth in Exhibit A.
9.1.1.3.6 In the event that the LNP Managed Cut LNP conversion is not successful,
WSP and CenturyLink agree to isolate and fix the problem in a timeframe acceptable to
WSP or the Customer. If the problem cannot be corrected within an acceptable
timeframe to WSP or the Customer, WSP may request the restoral of CenturyLink
service for the ported Customer. Such restoration shall begin immediately upon request.
If WSP is in error then a supplemental order shall be provided to CenturyLink. If
CenturyLink is in error, no supplemental order or additional order will be required of
WSP.
9.1.1.3.7 CenturyLink shall ensure that any LNP order activity requested in
conjunction with a Managed Cut shall be implemented in a manner that avoids
interrupting service to the end user, including, without limitation, ensuring that the end
user's CenturyLink Loop will not be disconnected prior to confirmation that telephone
number has been successfully ported.
9.1.2 Query Services
9.1.2.1 CenturyLink shall perform default LNP queries where WSP is unable to perform its
own query. WSP shall perform default LNP queries where CenturyLink is unable to perform its
own query. CenturyLink query services and charges are defined in Qwest's FCC Tariff #1,
Section 13.19.1, including End Office and Tandem Default Query Charges which are contained
in Tariff Section 13 (Miscellaneous Service.)
9.1.2.2 A Party shall be charged for a LNP query by the other Party only if the Party to be
charged is the N-1 carrier and it was obligated to perform the LNP query but failed to do so.
Parties are not obligated to perform the LNP query prior to the first Port requested in a NXX.
9.2 911/E911 Service
9.2.1 Compliance with FCC Docket 94-102 necessitates the integration of Wireless calls to
the E911 network, which is separate from the Type 2 Interconnection. This E911 connectivity
must be between the Wireless Carrier's switch and the appropriate 911 selective router and
must include provisions for the delivery of the Wireless End User Customer's call back
telephone number and the location of the originating cell tower for Phase I and the X, Y
coordinate, within 157 meters, of the calling party in lieu of the originating cell tower location, for
Phase II. It is the Wireless Carriers responsibility to arrange for compliance with this section of
FCC 94-102. The Parties will cooperate in the joint provision of Wireless E911 service, to
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include the provisioning of the network and Automatic Location Identification (ALI)) Database,
under a separate agreement, which is compliant with the requirements of FCC docket 94-102,
when a qualifying Public Safety Answering Point (PSAP) requests such service.
9.3 Intentionally Left Blank
9.4 Intentionally Left Blank
9.5 Construction Charges
9.5.1 CenturyLink will conduct an individual financial assessment of any request that
requires construction of network capacity, facilities, or space. When CenturyLink constructs to
fulfill WSP's request, CenturyLink will bid this construction on a case-by-case basis.
CenturyLink will charge for the construction through nonrecurring charges and a term
agreement for the remaining recurring charge, as described in the Construction Charges
Section. When WSP orders the same or substantially similar service available to CenturyLink
End User Customers, nothing in this Section shall be interpreted to authorize CenturyLink to
charge WSP for special construction where such charges are not provided for in a Tariff or
where such charges would not be applied to a CenturyLink End User Customer.
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Section 10
Network Security
SECTION 10.0 - NETWORK SECURITY
10.1 Protection of Service and Property. Each Party shall exercise the same degree of
care to prevent harm or damage to the other Party and any third parties, its employees, agents
or End User Customers, or their property as it employs to protect its own personnel, End User
Customers and property, etc.
10.2 Each Party is responsible to provide security and privacy of communications. This
entails protecting the confidential nature of Telecommunications transmissions between End
User Customers during technician work operations and at all times. Specifically, no employee,
agent or representative shall monitor any circuits except as required to repair or provide service
of any End User Customer at any time. Nor shall an employee, agent or representative disclose
the nature of overheard conversations, or who participated in such communications or even that
such communication has taken place. Violation of such security may entail state and federal
criminal penalties, as well as civil penalties. WSP is responsible for covering its employees on
such security requirements and penalties.
10.3 The Parties' Telecommunications networks are part of the national security network,
and as such, are protected by federal law. Deliberate sabotage or disablement of any portion of
the underlying equipment used to provide the network is a violation of federal statutes with
severe penalties, especially in times of national emergency or state of war. The Parties are
responsible for covering their employees on such security requirements and penalties.
10.4 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
10.5 In the event that one Party's employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party's 24 x 7 security numbers.
10.6 CenturyLink and WSP employees, agents and vendors will display the
identification/access card above the waist and visible at all times.
10.7 CenturyLink and WSP shall ensure adherence by their employees, agents and
vendors to all applicable CenturyLink environmental health and safety regulations. This
includes all fire/life safety matters, OSHA, EPA, Federal, State and local regulations, including
evacuation plans and indoor air quality.
10.8 Revenue Protection. CenturyLink shall make available to WSP all present and future
fraud prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70' which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers.
10.8.1 Uncollectable or unbillable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
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reasonably been avoided.
10.8.2 To the extent that incremental costs are directly attributable to a revenue
protection capability requested by WSP, those costs will be borne by WSP.
10.8.3 To the extent that either Party is liable to any toll provider for fraud and to the
extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll
restriction, etc.).
10.8.4 If CenturyLink becomes aware of potential fraud with respect to WSP's
accounts, CenturyLink will promptly inform WSP and, and the direction of WSP, take
reasonable action to mitigate the fraud where such action is possible.
10.9 Law Enforcement Interface. CenturyLink provides emergency assistance to 911
centers and law enforcement agencies seven (7) Days a week/twenty-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.
10.10 CenturyLink provides trap/trace, pen register and Title III assistance directly to law
enforcement, if such assistance is directed by a court order. This service is provided during
normal business hours, Monday through Friday. Exceptions are addressed in the above
paragraph. The charges for these services will be billed directly to the law enforcement agency,
without involvement of WSP, for any lines served from CenturyLink Wire Centers or cross
boxes.
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Section 11
Intentionally Left Blank
SECTION 11.0 - INTENTIONALLY LEFT BLANK
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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 WSP's and CenturyLink's OSS. These gateways
provide security for the interfaces, protecting the integrity of the CenturyLink OSS and
databases. CenturyLink's OSS interfaces have been developed to support Pre-ordering,
Ordering and Provisioning, Maintenance and Repair and Billing. This section describes the
interfaces and manual processes that CenturyLink has developed and shall provide to WSP.
Additional technical information and details shall be provided by CenturyLink in training sessions
and documentation and support, such as the "Interconnect Mediated Access User's Guide."
CenturyLink will continue to make improvements to the electronic interfaces as technology
evolves, CenturyLink's legacy systems improve, or WSP needs require. CenturyLink shall
provide notification to WSP consistent with existing practices.
12.1.2 Through its electronic gateways and manual processes, CenturyLink shall provide
WSP non-discriminatory access to CenturyLink's OSS for Pre-ordering, Ordering and
Provisioning, Maintenance and Repair, and Billing functions. For those functions with a retail
analogue, CenturyLink shall provide WSP access to its OSS in substantially the same time and
manner as it provides to itself. For those functions with no retail analogue, CenturyLink shall
provide WSP access to CenturyLink's OSS sufficient to allow an efficient competitor a
meaningful opportunity to compete. CenturyLink shall deploy the necessary systems and
personnel to provide sufficient access to each of the necessary OSS functions. CenturyLink
shall provide assistance for WSP to understand how to implement and use all of the available
OSS functions. CenturyLink shall provide WSP sufficient electronic and manual interfaces to
allow WSP equivalent access to all of the necessary OSS functions. Through its web site,
training, disclosure documentation and development assistance, CenturyLink shall disclose to
WSP any internal business rules and other formatting information necessary to ensure that
WSP's requests and orders are processed efficiently. CenturyLink shall provide training to
enable WSP to devise its own course work for its own employees. Through its documentation
available to WSP, CenturyLink will identify how its interface differs from national guidelines or
standards. CenturyLink shall provide OSS designed to accommodate both current demand and
reasonably foreseeable demand.
12.2 OSS Support for Pre-Ordering, Ordering and Provisioning
12.2.0 CenturyLink will establish interface contingency plans and disaster recovery plans for
the interfaces described in this Section. CenturyLink will work cooperatively with WSPs through
Service Management to consider any suggestions made by WSPs to improve or modify such
plans. WSP specific requests for modifications to such plans will be negotiated and mutually
agreed upon between CenturyLink and WSP.
12.2.0.1 Ordering and Provisioning
12.2.0.1.1 Ordering and Provisioning - CenturyLink will provide access to
ordering and status functions. WSP will populate the service request to identify
what features, services, or elements it wishes CenturyLink to provision in
accordance with CenturyLink's published business rules.
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12.2.0.1.2 CenturyLink shall provide all Provisioning services to WSP during
the same business hours that CenturyLink provisions services for its End User
Customers. CenturyLink will provide out-of-hours Provisioning services to WSP
on a non-discriminatory basis as it provides such Provisioning services to itself,
its End User Customers, its Affiliates or any other Party. CenturyLink shall
disclose the business rules regarding out-of-hours Provisioning on its wholesale
web site.
12.2.0.1.3 When WSP places a manual order, CenturyLink will provide WSP
with a manual Firm Order Confirmation notice. The confirmation notice will follow
industry-standard formats.
12.2.0.1.4 Business rules regarding rejection of LSRs or ASRs are subject to
the provisions of Access Service Ordering Guide (ASOG) and Local Service
Ordering Guide (LSOG).
12.2.1 Ordering Process
12.2.1.1 Local Service Request (LSR)
12.2.1.1.1 CenturyLink shall provide electronic interface gateways for submission of
LSRs, including both an application to application interface and a Graphical User
Interface (GUI).
12.2.1.1.2 The interface guidelines for the application to application interface are
based upon the Order & Billing Forum (OBF) Local Service Order Guidelines (LSOG),
and the appropriate electronic transmission standards. Exceptions to the above
guidelines/standards shall be specified in the Interconnect Mediated Access (IMA)
disclosure documents.
12.2.1.1.3 The GUI shall provide a single interface for Pre-Order and Order
transactions from WSP to CenturyLink and is browser based. The GUI interface shall be
based on the LSOG and utilizes a WEB standard technology, Hyper Text Markup
Language (HTML), JAVA and the Transmission Control Protocol/Internet 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 WSP's ordering via the electronic interfaces
described herein.
12.2.1.1.5 When WSP places an electronic order, CenturyLink will provide WSP with
an electronic Firm Order Confirmation notice (FOC). The FOC will follow industry-
standard formats and contain the CenturyLink Due Date for order completion. Upon
completion of the order, CenturyLink will provide WSP with an electronic completion
notice which follows industry-standard formats and which states when the order was
completed. CenturyLink supplies two (2) separate completion notices: 1) service order
completion (SOC) which notifies WSP that the service order record has been completed,
and 2) Billing completion that notifies WSP that the service order has posted to the
Billing system.
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12.2.1.1.6 When WSP places an electronic order, CenturyLink shall provide
notification electronically of any instances when (1) CenturyLink's Committed Due Dates
are in jeopardy of not being met by CenturyLink on any service or (2) an order is
rejected.
12.2.1.1.7 When WSP places a manual order, CenturyLink shall provide notification
of any instances when (1) CenturyLink's Committed Due Dates are in jeopardy of not
being met by CenturyLink on any service or (2) an order is rejected.
12.2.1.1.8 Dial-Up Capabilities
12.2.1.1.8.1 When WSP requests from CenturyLink more than fifty (50)
SecurlDs for use by WSP Customer service representatives at a single WSP
location, WSP shall use a T1 line instead of dial-up access at that location. If
WSP is obtaining the line from CenturyLink, then WSP shall be able to use
SecurlDs until such time as CenturyLink provisions the T1 line and the line
permits pre-order and order information to be exchanged between CenturyLink
and WSP.
12.2.1.2 Access Service Request (ASR)
12.2.1.2.1 CenturyLink shall provide a computer-to-computer batch file interface, an
application to application interface and a GUI interface, for submission of ASRs based
upon the OBF Access Service Order Guidelines (ASOG). CenturyLink shall supply
exceptions to these guidelines in writing in sufficient time for WSP to adjust system
requirements.
12.2.1.2.2 Functions Pre-Ordering. CenturyLink will provide real time, electronic
access to pre-order functions to support WSP's ordering via the electronic interfaces
described herein. CenturyLink will make the following real time pre-order functions
available to WSP:
12.2.1.2.2.1 Service Address validation;
12.2.1.2.2.2 CFA validation;
12.2.1.2.2.3 NC-NCI validation;
12.2.1.2.2.4 BAN validation; and
12.2.1.2.2.5 CLLI validation.
12.2.1.2.3 When WSP places an electronic or manual order, CenturyLink shall provide
notification of any instances when (1) CenturyLink's Committed Due Dates are in
jeopardy of not being met by CenturyLink on any service or (2) an order is rejected.
12.2.1.2.4 When WSP places an electronic order, CenturyLink will provide WSP with
an electronic Firm Order Confirmation notice (FOC). The FOC will follow industry-
standard formats and contain the CenturyLink Due Date for order completion.
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12.2.2 Maintenance and Repair
12.2.2.1 CenturyLink shall provide electronic interface gateways, including an Electronic
Bonding interface and a GUI interface, for reviewing trouble history of a specific circuit,
conducting testing where applicable, and reporting trouble to facilitate the exchange of updated
information and progress reports between CenturyLink and WSP while the Trouble Report JR)
is open and a CenturyLink technician is working on the resolution. WSP may also report trouble
through manual processes. For designed services, the TR will not be closed prior to verification
by WSP that trouble is cleared.
12.2.3 Interface Availability
12.2.3.1 CenturyLink shall make its OSS interfaces available to WSP.
12.2.3.2 CenturyLink shall notify WSP in a timely manner regarding system downtime through
mass email distribution and pop-up windows as applicable.
12.2.4 Billing
12.2.4.1 For products billed out of the CenturyLink Interexchange Access Billing System
(TABS), 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 Information 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
Industry Forum (TCIF) as the "811 Guidelines" specifically for the purposes of
Telecommunications Billing. Any deviance from these standards and guidelines shall be
documented and accessible to WSP.
12.2.5 Outputs
Output information will be provided to WSP in the form of bills. Bills will capture all regular
monthly and incremental/usage charges and present them in a summarized format.
12.2.5.1 The IABS Bill represents a monthly summary of charges. This bill includes monthly
and one-time charges plus a summary of any usage charges. These bills are segmented by
product, Billing account number (BAN) and bill cycle.
12.2.6 Intentionally Left Blank.
12.2.7 WSP Responsibilities for Implementation of OSS Interfaces
12.2.7.1 Before WSP implementation can begin, WSP must completely and accurately
answer the New Customer Questionnaire as required in Section 3.2.
12.2.7.2 Once CenturyLink receives a complete and accurate New Customer
Questionnaire, CenturyLink and WSP will mutually agree upon time frames for implementation
of connectivity between WSP and the OSS interfaces.
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12.2.8 CenturyLink Responsibilities for On-going Support for OSS Interfaces
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 WSP of the need to migrate to a new
release.
12.2.8.2 CenturyLink will provide an Implementation Coordinator to work with WSP for
business scenario re-certification, migration and data conversion strategy definition.
12.2.8.3 Re-certification is the process by which WSP demonstrates the ability to generate
correct functional transactions for enhancements not previously certified. CenturyLink will
provide the suite of tests for re-certification to WSP with the issuance of the disclosure
document.
12.2.8.4 CenturyLink shall provide training mechanisms for WSP to pursue in educating its
internal personnel. CenturyLink shall provide training necessary for WSP to use CenturyLink's
OSS interfaces and to understand CenturyLink's documentation, including CenturyLink's
business rules.
12.2.9 WSP Responsibilities for On-going Support for OSS Interfaces
12.2.9.1 If using the GUI interface, WSP will take reasonable efforts to train WSP personnel
on the GUI functions that WSP will be using.
12.2.9.2 An application-to-application exchange protocol will be used to transport
electronically-formatted content. WSP must perform certification testing of exchange protocol
prior to using the application-to-application interface.
12.2.9.3 CenturyLink will provide WSP with access to a stable testing environment that
mirrors production to certify that its OSS will be capable of interacting smoothly and efficiently
with CenturyLink's OSS. CenturyLink has established the following test processes to assure the
implementation of a solid interface between CenturyLink and WSP:
12.2.9.3.1 Connectivity Testing — WSP and CenturyLink will conduct connectivity
testing. This test will establish the ability of the trading partners to send and receive
electronic messages effectively. This test verifies the communications between the
trading partners. Connectivity is established during each phase of the implementation
cycle. This test is also conducted prior to controlled production and before going live in
the production environment if WSP or CenturyLink has implemented environment
changes when moving into production.
12.2.9.3.2 Stand-Alone Testing Environment (SATE) —regression testing:
CenturyLink's stand-alone testing environment will take pre-order and order requests,
pass them to the stand-alone database, and return responses to WSP during its
development and implementation of the application-to-application interface regression
testing SATE provides WSP the opportunity to validate its technical development efforts
built via CenturyLink documentation without the need to schedule test times. This
testing verifies WSP's ability to send correctly formatted electronic transactions through
the IMA system edits successfully for both new and existing releases. SATE uses test
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account data supplied by CenturyLink. CenturyLink will make additions to the test beds
and test accounts as it introduces new OSS electronic interface capabilities, including
support of new products and services, new interface features, and functionalities. All
SATE pre-order queries and orders are subjected to the same edits as production pre-
order and order transactions. This testing phase is optional.
12.2.9.3.3 SATE —progression testing: WSP has the option of participating with
CenturyLink in progression testing to provide WSP with the opportunity to validate
technical development efforts and to quantify processing results. Progression testing
provides WSP the opportunity to validate its technical development efforts built via
CenturyLink documentation without the need to schedule test times. This testing verifies
WSP's ability to send correctly formatted electronic transactions through the IMA system
edits successfully for both new and existing releases. SATE uses test account data
supplied by CenturyLink. CenturyLink will make additions to the test beds and test
accounts as it introduces new OSS electronic interface capabilities, including support of
new products and services, new interface features, and functionalities. All SATE pre-
order queries and orders are subjected to the same edits as production pre-order and
order transactions. This testing phase is required.
12.2.9.3.4 Controlled Production — CenturyLink and WSP will perform controlled
production. The controlled production process is designed to validate the ability of WSP
to transmit electronic data that completely meets the appropriate electronic transmission
standards and complies with all CenturyLink business rules. Controlled production
consists of the controlled submission of actual WSP production requests to the
CenturyLink production environment. CenturyLink treats these pre-order queries and
orders as production pre-order and order transactions. CenturyLink and WSP use
controlled production results to determine operational readiness. Controlled production
requires the use of valid account and order data. All certification orders are considered
to be live orders and will be provisioned.
12.2.9.3.5 If WSP is using the application-to-application interface, CenturyLink shall
provide WSP with a pre-allotted amount of time to complete certification of its business
scenarios. CenturyLink will allow WSP a reasonably sufficient amount of time during the
day and a reasonably sufficient number of days during the week to complete certification
of its business scenarios consistent with WSP's business plan. It is the sole
responsibility of WSP to schedule an appointment with CenturyLink for certification of its
business scenarios. WSP must make every effort to comply with the agreed upon dates
and times scheduled for the certification of its business scenarios. If the certification of
business scenarios is delayed due to WSP, it is the sole responsibility of WSP to
schedule new appointments for certification of its business scenarios. CenturyLink will
make reasonable efforts to accommodate WSP schedule. Conflicts in the schedule
could result in certification being delayed. If a delay is due to CenturyLink, CenturyLink
will honor WSP's schedule through the use of alternative hours.
12.2.9.4 If WSP is using the application-to-application interface, WSP must work with
CenturyLink to certify the business scenarios that WSP will be using in order to ensure
successful transaction processing. CenturyLink and WSP shall mutually agree to the business
scenarios for which WSP requires certification. Certification will be granted for the specified
release of the interface. If WSP is certifying multiple products or services, WSP has the option
of certifying those products or services serially or in parallel where Technically Feasible.
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12.2.9.4.1 For a new software release or upgrade, CenturyLink will provide WSP a
stable testing environment that mirrors the production environment in order for WSP to
test the new release. For software releases and upgrades, CenturyLink has
implemented the testing processes set forth in Sections 12.2.9.3.2, 12.2.9.3.3 and
12.2.9.3.4.
12.2.9.5 New releases of the application-to-application interface may require re-certification
of some or all business scenarios. A determination as to the need for re-certification will be
made by the CenturyLink coordinator in conjunction with the release manager of each IMA
release. Notice of the need for re-certification will be provided to WSP as the new release is
implemented. The suite of re-certification test scenarios will be provided to WSP with the
disclosure document. If WSP is certifying multiple products or services, WSP has the option of
certifying those products or services serially or in parallel, where Technically Feasible.
12.2.9.6 WSP will contact the CenturyLink Implementation Coordinator to initiate the
migration process. WSP may not need to certify to every new IMA application-to-application
release, however, WSP must complete the re-certification and migration to the new release
within six (6) months of the deployment of the new release. WSP will use reasonable efforts to
provide sufficient support and personnel to ensure that issues that arise in migrating to the new
release are handled in a timely manner.
12.2.9.6.1 The following rules apply to initial development and certification of IMA
application-to-application interface versions and migration to subsequent application-to-
application interface versions:
12.2.9.6.1.1 SATE regression or SATE progression interoperability testing
must begin on the prior release before the next release is implemented.
Otherwise, WSP will be required to move its implementation plan to the next
release.
12.2.9.6.1.2 New IMA application-to-application users must be certified and in
production with at least one (1) product and one (1) order activity type on a prior
release two (2) months after the implementation of the next release. Otherwise,
WSP will be required to move its implementation plan to the next release.
12.2.9.6.1.3 Any IMA application-to-application user that has been placed into
production on the prior release not later than two (2) months after the next
release implementation may continue certifying additional products and activities
until two (2) months prior to the retirement of the release. To be placed into
production, the products/order activities must have been tested in the SATE
before two (2) months after the implementation of the next release.
12.2.9.7 WSP will be expected to execute the re-certification test cases in the stand alone
test environment. WSP will provide Purchase Order Numbers (PONs) of the successful test
cases to CenturyLink.
12.2.10 WSP Support
12.2.10.1 CenturyLink shall provide documentation and assistance for WSP to understand
how to implement and use all of the available OSS functions. CenturyLink shall provide to WSP
in writing any internal business rules and other formatting information necessary to ensure that
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WSP's requests and orders are processed efficiently. This assistance will include, but is not
limited to, contacts to the WSP account team, training, documentation, and Wholesale Help
Desk. CenturyLink will also supply WSP with an escalation level contact list in the event issues
are not resolved via contacts to the WSP account team, training, documentation and Wholesale
Systems Help Desk.
12.2.10.2 Wholesale Systems Help Desk
12.2.10.2.1 The Wholesale Systems Help Desk will provide a single point of entry for
WSP to gain assistance in areas involving connectivity, system availability, and file
outputs. The Wholesale Systems Help Desk areas are further described below.
12.2.10.2.1.1 Connectivity covers trouble with WSP's access to the CenturyLink
system for hardware configuration requirements with relevance to application-to-
application and GUI interfaces; software configuration requirements with
relevance to application-to-application and GUI interfaces; modem configuration
requirements, T1 configuration and dial-in string requirements, firewall access
configuration, web-services configuration, SecurlD configuration, Profile Setup,
and password verification.
12.2.10.2.1.2 System Availability covers system errors generated during an
attempt by WSP to place orders or open trouble reports through 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 WSP's output files and reports produced from
its usage and order activity. File outputs system errors are limited to: IABS Bill.
12.2.10.3 Additional assistance to WSP is available through various public web sites.
These web sites provide electronic interface training information and user documentation and
technical specifications and are located on CenturyLink's wholesale web site. CenturyLink will
provide Interconnect Service Center Help Desks which will provide a single point of contact for
WSP to gain assistance in areas involving order submission and manual processes.
12.2.11 Compensation/Cost Recovery
Recurring and nonrecurring OSS charges, as applicable, will be billed at rates set forth in
Exhibit A. Any such rates will be consistent with Existing Rules. CenturyLink shall not impose
any recurring or nonrecurring OSS charges unless and until the Commission approves such
rates or until such rates go into effect by operation of law.
12.3 Maintenance and Repair
12.3.1 Service Levels
12.3.1.1 CenturyLink will provide repair and maintenance for all services covered by this
Agreement in substantially the same time and manner as that which CenturyLink provides for
itself, its End User Customers, its Affiliates, or any other party. CenturyLink shall provide WSP
repair status information in substantially the same time and manner as CenturyLink provides for
its retail services.
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12.3.1.2 During the term of this Agreement, CenturyLink will provide necessary
maintenance business process support to allow WSP to provide similar service quality to that
provided by CenturyLink to itself, its End User Customers, its Affiliates, or any other party.
12.3.1.3 CenturyLink will perform repair service that is substantially the same in timeliness
and quality to that which it provides to itself, its End User Customers, its Affiliates, or any other
party. Trouble calls from WSP shall receive response time priority that is substantially the same
as that provided to CenturyLink, its End User Customers, its Affiliates, or any other party and
shall be handled in a nondiscriminatory manner.
12.3.2 Intentionally Left Blank.
12.3.3 Service Interruptions
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 "Impairment of Service".
12.3.3.2 If it is confirmed that either Party is causing an Impairment of Service, as set forth
in this Section, the Party whose network or service is being impaired (the "Impaired Party") shall
promptly notify the Party causing the Impairment of Service (the "Impairing Party") of the nature
and location of the problem. The Impairing Party and the Impaired Party agree to work together
to attempt to promptly resolve the Impairment of Service.
12.3.3.3 To facilitate trouble reporting and to coordinate the repair of the service provided
by each Party to the other under this Agreement, each Party shall designate a repair center for
such service.
12.3.3.4 Each Party shall furnish a trouble reporting telephone number for the designated
repair center. This number shall give access to the location where records are normally located
and where current status reports on any trouble reports are readily available. If necessary,
alternative out-of-hours procedures shall be established to ensure access to a location that is
staffed and has the authority to initiate corrective action.
12.3.3.5 Before either Party reports a trouble condition, it shall use its best efforts to
isolate the trouble to the other's facilities.
12.3.3.5.1 In cases where a trouble condition affects a significant portion of the
other's service, the Parties shall assign the same priority provided to WSP as itself, its
End User Customers, its Affiliates, or any other party.
12.3.3.5.2 The Parties shall cooperate in isolating trouble conditions.
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12.3.4 Trouble Isolation
12.3.4.1 WSP is responsible for its own End User Customer base and will have the
responsibility for resolution of any service trouble report(s) from its End User Customers. WSP
will perform trouble isolation on services it provides to its End User Customers to the extent the
capability to perform such trouble isolation is available to WSP, prior to reporting trouble to
CenturyLink. WSP shall have access for testing purposes at the Demarcation Point, or Point of
Interface. CenturyLink will work cooperatively with WSP to resolve trouble reports when the
trouble condition has been isolated and found to be within a portion of Centuryl-ink's network.
CenturyLink and WSP will report trouble isolation test results to the other. Each Party shall be
responsible for the costs of performing trouble isolation on its facilities, subject to Section
12.3.4.2.
12.3.4.2 When WSP elects not to perform trouble isolation and CenturyLink performs
tests at WSP request, a Maintenance of Service Charge or a Trouble Isolation Charge shall
apply if the trouble is not in Centuryl-ink's facilities, including Centuryl-ink's facilities leased by
WSP. Maintenance of Service charges are set forth in Exhibit A. When trouble is found on
Centuryl-ink's side of the Demarcation Point, or Point of Interface during the investigation of the
initial or repeat trouble report for the same line or circuit within thirty (30) Days, Maintenance of
Service charges shall not apply.
12.3.5 Intentionally Left Blank.
12.3.6 Testing/Test Requests/Coordinated Testing
12.3.6.1 Where WSP does not have the ability to diagnose and isolate trouble on a
CenturyLink line, circuit, or service provided in this Agreement that WSP is utilizing to serve an
End User Customer, CenturyLink will conduct testing, to the extent testing capabilities are
available to CenturyLink, to diagnose and isolate a trouble in substantially the same time and
manner that CenturyLink provides for itself, its End User Customers, its Affiliates, or any other
party.
12.3.6.2 Prior to CenturyLink conducting a test on a line, circuit, or service provided in this
Agreement that WSP is utilizing to serve an End User Customer, CenturyLink must receive a
trouble report from WSP.
12.3.6.3 On manually reported trouble for designed services provided in this Agreement,
CenturyLink will provide WSP test results upon request. For electronically reported trouble,
CenturyLink will provide WSP with the ability to obtain basic test results in substantially the
same time and manner that CenturyLink provides for itself, its End User Customers, its
Affiliates, or any other party.
12.3.6.4 WSP shall isolate the trouble condition to Centuryl-ink's portion of the line, circuit,
or service provided in this Agreement before CenturyLink accepts a trouble report for that line,
circuit or service. Once CenturyLink accepts the trouble report from WSP, CenturyLink shall
process the trouble report in substantially the same time and manner as CenturyLink does for
itself, its End User Customers, its Affiliates, or any other party.
12.3.7 Work Center Interfaces
12.3.7.1 CenturyLink and WSP shall work cooperatively to develop positive, close working
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relationships among corresponding work centers involved in the trouble resolution processes.
12.3.8 Misdirected Repair Calls
12.3.8.1 WSP and CenturyLink will employ the following procedures for handling
misdirected repair calls:
12.3.8.1.1 WSP and CenturyLink will provide their respective End User
Customers with the correct telephone numbers to call for access to their respective
repair bureaus.
12.3.8.1.2 End User Customers of WSP shall be instructed to report all
cases of trouble to WSP. End User Customers of CenturyLink shall be instructed to
report all cases of trouble to CenturyLink.
12.3.8.1.3 To the extent the correct provider can be determined, misdirected
repair calls will be referred to the proper provider of Basic Exchange
Telecommunications Service.
12.3.8.1.4 WSP and CenturyLink will provide their respective repair contact
numbers to one another on a reciprocal basis.
12.3.8.1.5 In responding to repair calls, WSP's End User Customers
contacting CenturyLink in error will be instructed to contact WSP; and CenturyLink's End
User Customers contacting WSP in error will be instructed to contact CenturyLink. In
responding to calls, neither Party shall make disparaging remarks about each other. To
the extent the correct provider can be determined, misdirected calls received by either
Party will be referred to the proper provider of local Exchange Service; however, nothing
in this Agreement shall be deemed to prohibit CenturyLink or WSP from discussing its
products and services with WSP's or CenturyLink's End User Customers who call the
other Party.
12.3.9 Major Outages/Restoral/Notification
12.3.9.1 CenturyLink will notify WSP of major network outages in substantially the same
time and manner as it provides itself, its End User Customers, its Affiliates, or any other party.
This notification will be via e-mail to WSP's identified contact. With the minor exception of
certain Proprietary Information such as Customer information, CenturyLink will utilize the same
thresholds and processes for external notification as it does for internal purposes. This major
outage information will be sent via e-mail on the same schedule as is provided internally within
CenturyLink. The email notification schedule shall consist of initial report of abnormal condition
and estimated restoration time/date, abnormal condition updates, and final disposition. Service
restoration will be non-discriminatory, and will be accomplished as quickly as possible according
to CenturyLink and/or industry standards.
12.3.9.2 CenturyLink's emergency restoration process operates on a 7X24 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
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party.
12.3.10.2 CenturyLink will work cooperatively with WSP to develop industry-wide
processes to provide as much notice as possible to WSP of pending maintenance activity.
CenturyLink shall provide notice of potentially WSP Customer impacting maintenance activity, to
the extent CenturyLink can determine such impact, and negotiate mutually agreeable dates with
WSP in substantially the same time and manner as it does for itself, its End User Customers, its
Affiliates, or any other party.
12.3.10.3 CenturyLink shall advise WSP of non-scheduled maintenance, testing,
monitoring, and surveillance activity to be performed by CenturyLink on any services, including,
to the extent CenturyLink can determine, any hardware, equipment, software, or system
providing service functionality which may potentially impact WSP and/or WSP End User
Customers. CenturyLink shall provide the maximum advance notice of such non-scheduled
maintenance and testing activity possible, under the circumstances; provided, however, that
CenturyLink shall provide emergency maintenance as promptly as possible to maintain or
restore service and shall advise WSP promptly of any such actions it takes.
12.3.11 Hours of Coverage
12.3.11.1 CenturyLink's repair operation is seven (7) Days a week, twenty-four (24) hours a
day. Not all functions or locations are covered with scheduled employees on a 7X24 basis.
Where such 7X24 coverage is not available, CenturyLink's repair operations center (always
available 7X24) can call-out technicians or other personnel required for the identified situation.
12.3.12 Escalations
12.3.12.1 CenturyLink will provide trouble escalation procedures to WSP. Such
procedures will be substantially the same type and quality as CenturyLink employs for itself, its
End User Customers, its Affiliates, or any other party. CenturyLink escalations are manual
processes.
12.3.12.2 CenturyLink repair escalations may be initiated by either calling the trouble
reporting center or through the electronic interfaces. Escalations sequence through five tiers:
tester, duty supervisor, manager, director, vice president. The first escalation point is the tester.
WSP may request escalation to higher tiers in its sole discretion. Escalations status is available
through telephone and the electronic interfaces. Electronic escalation is not available for non-
designed products.
12.3.12.3 CenturyLink shall handle chronic troubles on non-designed services, which are
those greater than three (3) troubles in a rolling thirty (30) Day period, pursuant to Section
12.2.2.1.
12.3.13 Dispatch
12.3.13.1 CenturyLink will provide maintenance dispatch personnel in substantially the
same time and manner as it provides for itself, its End User Customers, its Affiliates, or any
other party.
12.3.13.2 Upon the receipt of a trouble report from WSP, CenturyLink will follow internal
processes and industry standards, to resolve the repair condition. CenturyLink will dispatch
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repair personnel on occasion to repair the condition. It will be CenturyLink's decision whether or
not to send a technician out on a dispatch. CenturyLink reserves the right to make this dispatch
decision based on the best information available to it in the trouble resolution process. It is not
always necessary to dispatch to resolve trouble; should WSP require a dispatch when
CenturyLink believes the dispatch is not necessary, appropriate charges will be billed by
CenturyLink to WSP for those dispatch-related costs in accordance with Exhibit A if CenturyLink
can demonstrate that the dispatch was in fact unnecessary to the clearance of trouble or the
trouble is identified to be caused by WSP facilities or equipment.
12.3.14 Electronic Reporting
12.3.14.1 WSP may submit Trouble Reports through the Electronic Bonding or GUI
interfaces provided by CenturyLink.
12.3.14.2 Manually reported trouble tickets cannot be accessed by WSP through electronic
interfaces until the ticket has been closed. The WSP will only be able to view the history on the
account. Tickets created electronically in CEMR (Customer Electronic Maintenance and
Repair) can be monitored from the time the ticket has been created until it is closed as well as to
view the account history.
12.3.15 Intervals/Parity
12.3.15.1 Similar trouble conditions, whether reported on behalf of CenturyLink End User
Customers or on behalf of WSP End User Customers, will receive commitment intervals in
substantially the same time and manner as CenturyLink provides for itself, its End User
Customers, its Affiliates, or any other party.
12.3.16 Jeopardy Management
12.3.16.1 CenturyLink will notify WSP, in substantially the same time and manner as
CenturyLink provides this information to itself, its End User Customers, its Affiliates, or any other
party, that a trouble report commitment (appointment or interval) has been or is likely to be
missed. At WSP option, notification may be sent by email or fax through the electronic
interface. WSP may telephone CenturyLink repair center or use the electronic interfaces to
obtain jeopardy status. A jeopardy, caused by either WSP or CenturyLink, endangers
completing provisioning and/or installation processes and impacts meeting the schedule due
date of WSP's service request. When WSP's service—request is in jeopardy, CenturyLink
notifies WSP via a status update, email, Jeopardy Notification, telephone call, and/or a FOC
(Firm Order Confirmation). The purpose of the jeopardy notification is to identify jeopardy
conditions to WSP that impact meeting the scheduled due date of WSP's service requests.
12.3.17 Trouble Screening
12.3.17.1 WSP shall screen and test its End User Customer trouble reports completely
enough to insure, to the extent possible, that it sends to CenturyLink only trouble reports that
involve CenturyLink facilities. For services and facilities where the capability to test all or
portions of the CenturyLink network service or facility rest with CenturyLink, CenturyLink will
then perform test isolation and test the service and facility on behalf of the WSP.
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12.3.18 Maintenance Standards
12.3.18.1 CenturyLink will cooperate with WSP to meet the maintenance standards
outlined in this Agreement.
12.3.18.2 On manually reported trouble, CenturyLink will inform WSP of repair completion
in substantially the same time and manner as CenturyLink provides to itself, its End User
Customers, its Affiliates, or any other party. On electronically reported trouble reports the
electronic system will automatically update status information, including trouble completion,
across the joint electronic gateway as the status changes.
12.3.19 End User Customer Interface Responsibilities
12.3.19.1 WSP will be responsible for all interactions with its End User Customers including
service call handling and notifying its End User Customers of trouble status and resolution.
12.3.19.2 All CenturyLink employees who perform repair service for WSP End User
Customers will be trained in non-discriminatory behavior.
12.3.19.3 CenturyLink will recognize the designated WSP as the Customer of Record for all
services ordered by WSP and will send all notices, invoices and pertinent information directly to
WSP. Except as otherwise specifically provided in this Agreement, Customer of Record shall
be CenturyLink's single and sole point of contact for all WSP End User Customers.
12.3.20 Repair Call Handling
12.3.20.1 Manually-reported repair calls by WSP to CenturyLink will be answered with the
same quality and speed as CenturyLink answers calls from its own End User Customers.
12.3.21 Single Point of Contact
12.3.21.1 CenturyLink will provide a single point of contact for WSP to report maintenance
issues and trouble reports seven (7) Days a week, twenty-four (24) hours a day. A single 7X24
trouble reporting telephone number will be provided to WSP for each category of trouble
situation being encountered.
12.3.22 Network Information
12.3.22.1 CenturyLink will notify WSP of changes to its network or LERG amendments in
accordance with the FCC rules, an in substantially the same manner and timeframe as
CenturyLink makes such network information available for itself, its End User Customers, its
Affiliates, or any other party.
12.3.23 Maintenance Windows
12.3.23.1 Generally, CenturyLink performs major Switch maintenance activities off-hours,
during certain "maintenance windows". Major Switch maintenance activities include Switch
conversions, Switch generic upgrades and Switch equipment additions.
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.
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Although CenturyLink normally does major Switch maintenance during the above maintenance
window, there will be occasions where this will not be possible. CenturyLink will provide
notification of any and all maintenance activities that may impact WSP ordering practices such
as embargoes, moratoriums, and quiet periods in substantially the same time and manner as
CenturyLink provides this information to itself, its End User Customers, its Affiliates, or any other
party.
12.3.24 Switch and Frame 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.
12.3.24.2 Frame Conversions. Frame conversions are generally the removal and
replacement of one or more frames, upon which the Switch Ports terminate.
12.3.24.3 Conversion Date. The "Conversion Date" is a Switch or frame conversion
planned day of cut-over to the replacement frame(s) or Switch. The actual conversion time
typically is set for midnight of the Conversion Date. This may cause the actual Conversion Date
to migrate into the early hours of the day after the planned Conversion Date.
12.3.24.4 Conversion Embargoes. A Switch or frame conversion embargo is the time
period that the switch or frame trunk side facility connections are frozen to facilitate conversion
from one switch or frame to another with minimal disruption to the End User Customer or WSP
services. During the embargo period, CenturyLink will reject orders for trunk side facilities (see
Section 12.3.24.4.1) other than conversion orders described in Section 12.3.24.4.3.
Notwithstanding the foregoing and to the extent CenturyLink provisions trunk or trunk facility
related service orders for itself, its End User Customers, its Affiliates, or any other party during
embargoes, CenturyLink shall provide WSP the same capabilities.
12.3.24.4.1 ASRs for switch or frame trunk side facility augments to capacity or
changes to Switch or frame trunk side facilities must be issued by WSP with a Due Date
prior to or after the appropriate embargo interval. CenturyLink shall reject Switch or
frame trunk side ASRs to augment capacity or change facilities issued by WSP or
CenturyLink, its End User Customers, its Affiliates or any other party during the embargo
period, regardless of the order's Due Date except for conversion ASRs described in
Section 12.3.24.4.3.
12.3.24.4.2 For switch and trunk side frame conversions, CenturyLink shall provide
WSP with conversion trunk group service requests (TGSR) no less than ninety (90)
Days before the Conversion Date.
12.3.24.4.3 For switch and trunk side frame conversions, WSP shall issue facility
conversion ASRs to CenturyLink no later than thirty (30) Days before the Conversion
Date for like-for-like, where WSP mirrors their existing circuit design from the old Switch
or frame to the new Switch or frame, and sixty (60) Days before the Conversion Date for
addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to
B8ZS).
12.3.24.5 Frame Embargo Period. During frame conversions, service orders and ASRs
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shall be subject to an embargo period for services and facilities connected to the affected frame.
For conversion of trunks where WSP mirrors their existing circuit design from the old frame to
the new frame on a like-for-like basis, such embargo period shall extend from thirty (30) Days
prior to the Conversion Date until five (5) Days after the Conversion Date. If WSP requests the
addition of trunk capacity or modification of circuit characteristics (i.e., change of AMI to BBZS)
to the new frame, new facility ASRs shall be placed, and the embargo period shall extend from
sixty (60) Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior
to instituting an embargo period, CenturyLink shall identify the particular dates and locations for
frame conversion embargo periods in substantially the same time and manner as CenturyLink
notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.6 Switch Embargo Period. During Switch conversions, service orders and ASRs
shall be subject to an embargo period for services and facilities associated with the trunk side of
the switch. For conversion of trunks where WSP mirrors their existing circuit design from the old
Switch to the new Switch on a like-for-like basis, such embargo period shall extend from thirty
(30) Days prior to the Conversion Date until five (5) Days after the Conversion Date. If WSP
requests the addition of trunk capacity or modification of circuit characteristics to the new
Switch, new facility ASRs shall be placed, and the embargo period shall extend from sixty (60)
Days prior to the Conversion Date until five (5) Days after the Conversion Date. Prior to
instituting an embargo period, CenturyLink shall identify the particular dates and locations for
Switch conversion embargo periods in substantially the same time and manner as CenturyLink
notifies itself, its End User Customers, Affiliates, or any other party.
12.3.24.7 Switch and Frame Conversion Quiet Periods for LSRs. Switch and frame
conversion quiet periods are the time period within which LSRs may not contain Due Dates, with
the exception of LSRs that result in disconnect orders, including those related to LNP orders,
record orders, Billing change orders for non-switched products, and emergency orders.
12.3.24.7.1 LSRs of any kind issued during Switch or frame conversion quiet periods
create the potential for loss of End User Customer service due to manual operational
processes caused by the Switch or frame conversion. LSRs of any kind issued during
the Switch or frame conversion quiet periods will be handled as set forth below, with the
understanding that CenturyLink shall use its best efforts to avoid the loss of End User
Customer service. Such best efforts shall be substantially the same time and manner as
CenturyLink uses for itself, its End User Customers, its Affiliates, or any other 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 until two (2) Days after the conversion.
12.3.24.7.3 The quiet period for frame conversions, where no LSRs except those
requesting order activity described in 12.3.24.7 are processed or the affected location,
extends from five (5) Days prior to conversion until two (2) Days after the conversion.
12.3.24.7.4 LSRs, except those requesting order activity described in 12.3.24.7, (i)
must be issued with a Due Date prior to or after the conversion quiet period and (ii) may
not be issued during the quiet period. LSRs that do not meet these 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.
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Section 12
OSS
12.3.24.7.6 WSP may request a Due Date change to a LNP related disconnect
scheduled during quiet periods up to 12:00 noon Mountain Time the Day prior to the
scheduled LSR Due Date. Such changes shall be requested by issuing a supplemental
LSR requesting a Due Date change. Such changes shall be handled as emergency
orders by CenturyLink.
12.3.24.7.7 WSP may request a Due Date change to a LNP related disconnect order
scheduled during quiet periods after 12:00 noon Mountain Time the Day prior to the
scheduled LSR Due Date until 12 noon Mountain Time the Day after the scheduled LSR
Due Date. Such changes shall be requested by issuing a supplemental LSR requesting
a Due Date change and contacting the Interconnect Service Center. Such changes shall
be handled as emergency orders by CenturyLink.
12.3.24.7.8 In the event that WSP End User Customer service is disconnected in
error, CenturyLink will restore service in substantially the same time and manner as
CenturyLink does for itself, its End User Customers, its Affiliates, or any other party.
Restoration of WSP End User Customer service will be handled through the LNP
escalations process.
12.3.24.8 Switch Upgrades. Generic Switch software and hardware upgrades are not
subject to the Switch conversion embargoes or quiet periods described above. If such generic
Switch or software upgrades require significant activity related to translations, an abbreviated
embargo and/or quiet period may be required. CenturyLink shall implement service order
embargoes and/or quiet periods during Switch upgrades in substantially the same time and
manner as CenturyLink does for itself, its End User Customers, its Affiliates, and any other
party.
12.3.24.9 Switch Line and Trunk Hardware Additions. CenturyLink shall use its best efforts
to minimize WSP service order impacts due to hardware additions and modifications to
CenturyLink's existing Switches. CenturyLink shall provide WSP substantially the same service
order processing capabilities as CenturyLink provides itself, its End User Customers, Affiliates,
or any other party during such Switch hardware additions.
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 77
Section 13
Access To Telephone Numbers
SECTION 13.0 -ACCESS TO TELEPHONE NUMBERS
13.1 Nothing in this Agreement shall be construed in any manner to limit or otherwise
adversely impact either Party's right to request an assignment of any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to the Central Office Code
Assignment Guidelines published by the Industry Numbering Committee (INC) as INC 95-0407-
008 (formerly ICCF 93-0729-010) and Thousand Block (NXX-X) Pooling Administration
Guidelines INC 99-0127-023, when these Guidelines are implemented by the FCC or
Commission Order. The latest version of the Guidelines will be considered the current
standard.
13.2 North American Numbering Plan Administration (NANPA) has transitioned to
NeuStar. Both Parties agree to comply with Industry guidelines and Commission rules,
including those sections requiring the accurate reporting of data to the NANPA.
13.3 It shall be the responsibility of each Party to program and update its own switches
and network systems pursuant to the Local Exchange Routing Guide (LERG) to recognize and
route traffic to the other Party's assigned NXX or NXX-X codes. Neither Party shall impose any
fees or charges on the other Party for such activities. The Parties will cooperate to establish
procedures to ensure the timely activation of NXX assignments in their respective networks.
13.4 Each Party is responsible for administering numbering resources assigned to it.
Each Party will cooperate to timely rectify inaccuracies in its LERG data. Each Party will
maintain/revise the LERG to reflect current homing arrangements, which includes subtending
arrangements for local and access tandems, and 800 SSP. Each Party is responsible for
updating the LERG data for NXX codes assigned to its End Office Switches. Each Party shall
use the LERG published by Telcordia now iconectiv 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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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 78
Section 14
Local Dialing Parity
SECTION 14.0 - LOCAL DIALING PARITY
14.1 The Parties shall provide local dialing parity to each other as required under Section
251(b)(3) of the Act. CenturyLink will provide local dialing parity to competing Carriers of
telephone Exchange Service and telephone Toll Service, and will permit all such Carriers to
have non-discriminatory access to telephone numbers, Operator Services (OS), and Directory
Assistance (DA), with no unreasonable dialing delays. WSP may elect to route all of its End
User Customers calls in the same manner as CenturyLink routes its End User Customers calls,
for a given call type (e.g., 0, 0+, 1+, 411), or WSP may elect to custom route its End User
Customers' calls differently than CenturyLink routes its End User Customer's calls. Additional
terms and conditions with respect to customized routing are described in this Agreement.
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 79
Section 15
SECTION 15.0 — INTENTIONALLY LEFT BLANK
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 80
Section 16
Bona Fide Request Process
SECTION 16.0 - BONA FIDE REQUEST PROCESS
16.1 Any request for Interconnection or Ancillary service that is not already available as
described in other sections of this Agreement, 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 shall use the BFR Process to determine the terms and timetable
for providing the requested Interconnection or Ancillary services and the technical feasibility of
new/different points of Interconnection. CenturyLink will administer the BFR Process in a non-
discriminatory manner.
16.2 A BFR shall be submitted in writing and on the appropriate CenturyLink form for
BFRs. WSP and CenturyLink may work together to prepare the BFR form and either Party may
request that such coordination be handled on an expedited basis. This form shall be
accompanied by the non-refundable Processing Fee specified in Exhibit A of this Agreement.
CenturyLink will refund on-half 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 WSP will need to
provide, the following information, and may also provide any additional information that may be
reasonably necessary in describing and analyzing WSP's request:
16.2.1 a technical description of each requested new or different point of
Interconnection or Ancillary service;
16.2.2 the desired interface specification;
16.2.3 each requested type of Interconnection or access;
16.2.4 a statement that the Interconnection or Ancillary service will be used to
provide a Telecommunications Service;
16.2.5 the quantity requested;
16.2.6 the specific location requested;
16.3 Within two (2) business Days of its receipt, CenturyLink shall acknowledge receipt of
the BFR and in such acknowledgment, advise WSP of missing information, if any, necessary to
process the BFR. Thereafter, CenturyLink shall promptly advise WSP of the need for any
additional information required to complete the analysis of the BFR. If requested, either orally or
in writing, CenturyLink will provide weekly updates on the status of the BFR.
16.4 Within twenty-one (21) calendar Days of its receipt of the BFR and all information
necessary to process it, CenturyLink shall provide to WSP an analysis of the BFR. The
preliminary analysis shall specify CenturyLink's conclusions as to whether or not the requested
Interconnection is technically feasible.
16.5 If CenturyLink determines during the twenty-one (21) Day period that a BFR does not
qualify as an Interconnection or Ancillary service that is required to be provided under the Act or
state law, CenturyLink shall advise WSP as soon as reasonably possible of that fact, and
CenturyLink shall promptly, but in no case later than the twenty-one Day period, provide a
written report setting forth the basis for its conclusion.
16.6 If CenturyLink determines during such twenty-one (21) Day period that the BFR
qualifies under the Act or state law, it shall notify WSP in writing of such determination within ten
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Section 16
Bona Fide Request Process
(10) calendar Days, but in no case later than the end of such twenty-one (2 1) Day period.
16.7 As soon as feasible, but in any case, within forty-five (45) calendar Days after
CenturyLink notifies WSP that the BFR qualifies under the Act, CenturyLink shall provide to
WSP a BFR quote. The BFR quote will include, at a minimum, a description of each
Interconnection 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 Interconnection Ancillary service and any
minimum volume and term commitments required, and the timeframes within which the request
will be provisioned.
16.8 A WSP has sixty (60) business Days upon receipt of the BFR quote, to either agree
to purchase under the quoted price, or cancel its BFR.
16.9 If WSP has agreed to minimum volume and term commitments under the preceding
paragraph, WSP may cancel the BFR or volume and term commitment at any time but may be
subject to termination liability assessment or minimum period charges.
16.10 If 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.
16.11 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 will provide all responses to
the other Party 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.
16.12 In the event WSP has submitted a Request for an Interconnection or Ancillary
services and CenturyLink determines in accordance with the provisions of this Section 16 that
the request is technically feasible, subsequent requests or orders for substantially similar types
of Interconnection or Ancillary services by that WSP shall not be subject to the BFR process.
To the extent CenturyLink has deployed or denied a substantially similar Interconnection or
Ancillary services under a previous BFR, a subsequent BFR shall not be required and the BFR
application fee shall be refunded immediately. ICB pricing and intervals will still apply for
requests that are not yet standard offerings. For purposes of this Section 16.12, a "substantially
similar" request shall be one with substantially similar characteristics to a previous request with
respect to the information provided pursuant to Subsections 16.2.1 through 16.2.6 of Section
16.2 above. The burden of proof is upon CenturyLink to prove the BFR is not substantially
similar to a previous BFR.
16.13 The total cost charged to WSP shall not exceed the BFR quoted price.
16.14 Upon request, CenturyLink shall provide WSP with CenturyLink's supporting cost
data and/or studies for the Interconnection or Ancillary service that WSP 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
Information, if requested by CenturyLink under the non-disclosure sections of this Agreement.
16.15 CenturyLink shall make available a topical list of the BFRs that it has received with
WSPs under this Agreement. The description of each item on that list shall be sufficient to allow
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 82
Section 16
Bona Fide Request Process
WSP 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 WSP to provide sufficient details about
the terms and conditions of any granted requests to allow WSP to elect to take the same
offering under substantially identical circumstances. CenturyLink shall not be required to
provide information about the request initially made by WSP 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. WSP shall be entitled to
the same offering terms and conditions made under any granted BFR, provided that
CenturyLink may require the use of ICB pricing where it makes a demonstration to WSP of the
need therefore.
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 83
Section 17
Audit Process
SECTION 17.0 -AUDIT PROCESS
17.1 "Audit" shall mean the comprehensive review of the books, records, and other
documents used in providing services under this Agreement. The term "Audit" also applies to
the investigation of company records, back office systems and databases.
17.2 The data referred to above shall be relevant to any performance indicators that are
adopted in connection with this Agreement, through negotiation, arbitration or otherwise. This
Audit shall take place under the following conditions:
17.2.1 Either Party may request to perform an Audit.
17.2.2 The Audit shall occur upon thirty (30) business Days written notice by the
requesting Party to the non-requesting Party.
17.2.3 The Audit shall occur during normal business hours.
172.4 There shall be no more than two Audits requested by each Party under this
Agreement in any 12-month period.
17.2.5 The requesting Party may review the non-requesting Party's records, books
and documents, as may reasonably contain information relevant to the operation of this
Agreement.
17.2.6 The location of the Audit shall be the location where the requested records,
books and documents are retained in the normal course of business.
17.2.7 All transactions under this Agreement which are over twenty-four (24) months
prior to the date of request will be considered accepted and no longer subject to Audit.
In the event an audit is initiated, the Parties agree to retain records of all transactions
under this Agreement for at least 24 months and all subsequent transactions will also be
subject to audit.
17.2.8 Each Party shall bear its own expenses occasioned by the Audit, provided
that the expense of any special data collection shall be borne by the requesting Party.
17.2.9 The Party requesting the Audit may request that an Audit be conducted by a
mutually agreed-to independent auditor. Under this circumstance, the costs of the
independent auditor shall be paid for by the Party requesting the Audit.
17.2.10 In the event that the non-requesting Party requests that the Audit be
performed by an independent auditor, the Parties shall mutually agree to the selection of
the independent auditor. Under this circumstance, the costs of the independent auditor
shall be shared equally by the Parties.
17.2.11 The Parties agree that if an Audit discloses error(s), the Party responsible for
the error(s) shall, in a timely manner, undertake corrective action for such error(s). All
errors not corrected within thirty (30) business Days shall be escalated to the Vice-
President level.
17.3 All information received or reviewed by the requesting Party or the independent
auditor in connection with the Audit is to be considered Proprietary Information as defined by
this Agreement. The non-requesting Party reserves the right to require any non-employee who
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 84
Section 17
Audit Process
is involved directly or indirectly in any Audit or the resolution of its findings as described above
to execute a nondisclosure agreement satisfactory to the non-requesting Party. To the extent
an Audit involves access to information of other competitors, WSP and CenturyLink will
aggregate such competitors' data before release to the other Party, to insure the protection of
the proprietary nature of information of other competitors. To the extent a competitor is an
affiliate of the Party being audited (including itself and its subsidiaries), the Parties shall be
allowed to examine such Affiliates' disaggregated data, as required by reasonable needs of the
Audit.
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 85
Section 18
Construction Charges
SECTION 18.0 - CONSTRUCTION CHARGES
18.1 CenturyLink will conduct an individual financial assessment of any request which
requires construction of network capacity, facilities, or space for access. When CenturyLink
constructs to fulfill WSP's request, CenturyLink will bid this construction on a case-by-case
basis. CenturyLink will charge for the construction through non-recurring charges and a term
agreement for the remaining recurring charge, as described in the Construction Charges
Section of this Agreement. When the WSP orders the same or substantially similar service
available to CenturyLink End User Customers, nothing in this Section shall be interpreted to
authorize CenturyLink to charge WSP for special construction where such charges are not
provided for in a Tariff or where such charges would not be applied to a CenturyLink End User
Customer.
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 86
Section 19
Network Standards
SECTION 19.0 - NETWORK STANDARDS
19.1 The Parties recognize that CenturyLink services and Network Elements have been
purchased and deployed, over time, to Telcordia now iconectiv and CenturyLink technical
standards. Specification of standards is built into the CenturyLink purchasing process, whereby
vendors incorporate such standards into the equipment CenturyLink purchases. CenturyLink
supplements generally held industry standards with CenturyLink Technical Publications.
19.2 The Parties recognize that equipment vendors may manufacture
Telecommunications equipment that does not fully incorporate and may differ from industry
standards at varying points in time (due to standards development processes and consensus)
and either Party may have such equipment in place within its network. Except where otherwise
explicitly stated within this Agreement, such equipment is acceptable to the Parties, provided
said equipment does not pose a security, service or safety hazard to persons or property.
19.4 Intentionally Left Blank.
19.5 CenturyLink has developed its own standards for some Network Elements.
CenturyLink Technical Publications have been developed to support CenturyLink service
offerings, inform End User Customers and suppliers, and promote engineering consistency and
CenturyLink's deployment of developing technologies. CenturyLink provides all of its Technical
Publications at no charge via CenturyLink's wholesale web site.
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 87
Section 20
Signature Page
SECTION 20.0 - SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized representatives.
Gold Star Communications, LLC Qwest Corporation dba CenturyLink QC
dba Silver Star Communications
lylichette AlMoks
Michelle Motzk-(Au g 18,202508:47:54 M DT) KimherlyJ P. rk(Aug 18,202513:16:01 CDT)
Signature Signature
Michelle Motzkus Kimberly J. Povirk
Name Printed/Typed Name Printed/Typed
Legal & Regulatory Administrator Sr. Dir. Bus. Ops Wholesale Sales
Title Title
08/18/2025 08/18/2025
Date Date
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Type 2 Wireless Interconnection Agreement—Template (v.01.01.2021-4) 88
Wireless Type 2 Exhibit A
Idaho
Select the appropriate type of EAS/Local Traffic Reciprocal
contract below.For cost docket Compensation Election
changes,leave blank: Select Traffic Type
Options Bill and Keep Notes
m
Recurring m 3 o zz
Recurring Per Mile Non-Recurring n n
6.0 Interconnection
6.1 Entrance Facilities
6.1.1 DS1 $103.61 $208.34 A A
6.1.2 DS3 $524.42 $277.73 A A
6.2 EICT
6.2.1 Per DS1 $0.00 $0.00 A A
6.2.2 1 Per DS3 $0.00 $0.00 B B
6.3 Direct Trunked Transport
6.3.1 DSO ecur ing Fixed&per Mile A A
6.3.1.1 Over 0 to 8 Miles $24.67 $0.29 A A
6.3.1.2 Over 8 to 25 Miles $24.69 $0.23 A A
6.3.1.3 Over 25 to 50 Miles $24.86 $0.15 A A
6.3.1.4 Over 50 Miles $24.69 $0.05 A A
6.3.2 DS1(Recurring Fixed&per Mile
6.3.2.1 Over 0 to 8 Miles $37.35 $1.25 A A
6.3.2.2 Over 8 to 25 Miles $37.35 $1.82 A A
6.3.2.3 Over 25 to 50 Miles $37.35 $1.89 A A
6.3.2.4 Over 50 Miles $37.35 $1.90 A A
6.3.3 DS3 Recur ing Fixed&per Mile
6.3.3.1 Over 0 to 8 Miles $257.18 $19.48 A A
6.3.3.2 Over 8 to 25 Miles $260.49 $24.24 A A
6.3.3.3 Over 25 to 50 Miles $260.77 $26.43 A A
6.3.3.4 Over 50 Miles $259.32 $26.35 A A
6.4 Multi lexin
6.4.1 DS1 to DSO $263.86 $193.30 A A
6.4.2 IDS3toDS1 $304.22 $193.30 A A
6.5 Trunk No recurring Charges
6.5.1 DS1 Interface
6.5.1.1 First Trunk $229.40 A
6.5.1.2 Each Additional Trunk $5.46 A
6.5.2 DS3 Interface
6.5.2.1 First Trunk $235.71 A
6.5.2.2 Each Additional Trunk $11.78 A
6.5.3 Trunk Routin Chan e, er T e 2 Trunk Group
6.5.3.1 2A D7-5 irect Final to Alternate Final $74.61 1
6.5.3.2 Type 2 Routing Translation Change $74.61 1
6.6 AncillaryTrunks
6.6.1 One-Way Out Only,Ancillary Trunks,per Trunk
6.6.1.1 Idaho-North $20.69 $43.00
6.6.1.2 Idaho-South
6.6.1.2.1 Zonal $11.50 $117.50
6.6.1.2.2 Zone 2 $17.51 $117.50
6.6.1.2.3 Zone 3 $12.63 $117.50
6.7 Intentionally Left Blank
6.8 Intentionally Left Blank
6.9 Miscellaneous Charges
6.9.1 Cancellation Charge CenturyLink QC's
Idaho Access
Service Catalog
6.9.2 Expedite Charge CenturyLink QC's
Idaho Access
Service Catalog
6.9.3 Additional Testing CenturyLink QC's
Idaho Access
Service Catalog
6.10 Transit Traffic
6.10.1 Local&IntraLATA Toll Transit,per Minute of Use(excludes traffic terminating to a $0.0045 2,6
CenturyLink affiliate operating as an incumbent Local Exchange Carrier)
6.10.2 Third Part Originated Local and Intral-ATA Toll Transit Traffic Per Minute of Use $0.0045 2,6&C
6.11 IJointly Provided Switched Access Services
Qwest Corporation dba CenturyLink QC-Idaho 9-30-17 1
Wireless Type 2 Exhibit A
Idaho
A
m
Recurring 3 a z
RecurringPer Mile Non-Recurringn n
6.11.1 1 Mechanized Access Records,per Record $0.0014877 B
6.12 InterMTA Traffic CenturyLink QC's
FCC Switched
Access Tariff
6.12.1 Percentage of M-L InterMTA Usage 5%
6.12.2 Percentage of L-M InterMTA Usage 10%
6.13 Percent Local Usage Factors
6.13.1 PLU 18.5%
7.0 Intentionally Left Blank
8.0 Intentionally Left Blank
9.0 Ancillar t Services
9.1 Local Number Portability
9.1.1 LNP Queries See FCC Tariff#1 See FCC Tariff#1
Section 13&20 Section 13&20
9.1.2 LNP Managed Cuts
9.1.2.1 Standard Managed Cuts,per Person,per Half Hour $26.57 A
9.1.2.2 Overtime Managed Cuts,per Person,per Half Hour $34.38 A
9.1.2.3 Premium Managed Cuts,per Person,per Half Hour $42.21 A
9.2 1911/E911 No Charge No Charge
9.3 1 Intentionally Left Blank
9.4 1 Intentionally Left Blank
10.0 1 Intentionally Left Blank
11.0 Access to Operational Support Systems OSS
11.1 1 Development and Enhancementsper Order $5.00 A
11.2 1 Ongoing Operations,per Order $1.40 A
12.0 Maintenance and Repair
12.1 Trouble Isolation
12.1.1 Maintenance of Service for non-Qwest Trouble,per Half Hour or fraction thereof
12.1.1.1 Maintenance of Service-Basic $28.86 A
12.1.1.2 Maintenance of Service-Overtime $38.55 A
12.1.1.3 Maintenance of Service-Premium $48.25 A
12.1.2 Dispatch for non-Qwest Trouble $87.98 A
13.0 Intentionally Left Blank
14.0 Intentionally Left Blank
15.0 Intentionally Left Blank
16.0 Bona Fide Re uest Process
16.1 Processin Fee $1,851.86 A
17.0 Intentionally Left Blank
18.0 Intentionally Left Blank
19.0 Construction Char es CB1 ICB 3 3
NOTES:
* Unless otherwise indicated,all rates are pursuant to Idaho Public Utilities Commission Dockets:
A Cost Docket QWE-T-01-11,Order No.29408(January 5,2004 rates effective January 5,2004.
B Cost Docket QWE-T-01-11,Order No.29408(January 51
2004 rates effective January 5,2004
C FCC Docket No.01-92 Effective 12-29-11
# Voluntary Rate Reduction Docket USW-T-00-3,effective 6/10/02.Reductions reflected in the 5/24/02 Exhibit A.
### Third VoluntaryRate Reduction Docket USW-T-00-3,effective 12/16/02,Reductions reflected in the 10/16/02 Exhibit A.
1 Rates not addressed in cost docket TELRIC-based costs where required.)
2 Market-based rates.
3 ICB,Individual Case Basis pricing.
4 Rates per FCC Guidelines
5 Rate Agreed upon in 271 workshops.
6 The provision of transiting services is not required pursuant to Section 251 of the Telecommunications Act. Qwest has chosen to offer this service as part of its
interconnection agreement but this service is not required to be priced according to a TELRIC methodology.
Qwest Corporation dba CenturyLink QC-Idaho 9-30-17 2
EXHIBIT B
INTENTIONALLY LEFT BLANK
CenturyLink QC, Exhibit B (INTENTIONALLY LEFT BLANK) Page 1
EXHIBIT C
Intentionally Left Blank
WSPT2- Exhibit C 9-24-08 Page 1
Exhibit D
INTENTIONALLY LEFT BLANK
CenturyLink Exhibit D Page 1
EXHIBIT E
Intentionally Left Blank
WSPT2- Exhibit E 9-24-08 Page 1
EXHIBIT F
Intentionally Left Blank
Type 2-Exhibit F September 15, 2009 Page 1
EXHIBIT G
Intentionally Left Blank
WSPT2- Exhibit G 9-24-08 Page 1
EXHIBIT H
Intentionally Left Blank
WSPT2- Exhibit H 9-24-08 Page 1
Exhibit I — Individual Case Basis
1. This Agreement contains references to both ICB rates and ICB intervals. The
purpose of this exhibit is to identify how WSP's ICB requests—whether they be for rates
or intervals —are processed through and by CenturyLink.
2. ICB Rate Intervals
2.1 For those products and services identified in the AGREEMENT that
contain a provision for ICB rates, CenturyLink will provide WSP 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. In these specified
circumstances, CenturyLink shall provide WSP 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 16.
2.2.2 Quotes for all Special Request Processes (SRP) shall be provided
in accord with Section 17 and Exhibit F.
2.3 Upon request, CenturyLink shall provide WSP with CenturyLink's
supporting cost data and/or cost studies for the Unbundled Network
Element or service that WSP 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 shall request the release of vendor
cost information when CenturyLink communicates with the vendor(s)
when CenturyLink seeks a quote for the costs of the ICB project. Such
cost data shall be treated as confidential information if requested by
CenturyLink under the non-disclosure sections of this Agreement.
3. ICB Provisioning Intervals
3.1 For those products and services provided pursuant to this AGREEMENT
that contain a provision for ICB interval but do not contain a specific
provision for when the ICB interval shall be provided, the ICB interval
shall be provided within twenty (20) business days of receipt of the order,
request or application.
WSP Type 2-Exhibit I April 29, 2005 Page 1
3.2 For ICB intervals for those products and services that require negotiated
project time lines for installation, such as 2/4 wire analog loop for more
than twenty-five (25) loops, the CenturyLink representative, authorized to
commit to intervals, shall meet with WSP's representative within seven (7)
business days of receipt of the request from WSP to negotiate intervals.
WSP Type 2-Exhibit I April 29, 2005 Page 2