Network and Service Order Conditions. 1. SWBT shall provide the services covered by this Agreement subject to availability of existing facilities and on a nondiscriminatory basis with its other customers. LSP shall resell the services provided 6 RESALE AGREEMENT (MO, KS & AR) PAGE 4 OF 27 SWBT/LSP F313 herein only in those service areas in which such resale services or any feature or capability thereof are offered at retail by SWBT as the incumbent local exchange carrier to its end users. 2. When LSP converts an end user currently receiving noncomplex service from the SWBT network, without any changes to SWBT's network, LSP will be charged a per order (i.e., per billable telephone number) conversion charge of twenty-five dollars ($25.00) in Kansas. Conversion orders processed and completed electronically will be charged five dollars ($5.00) per order on an interim basis. Complex orders will be charged at a rate of one hundred twenty-five dollars ($125.00). Custom Services conversions (e.g. Plexar Custom) will be handled on a Customer Specific Proposal basis. When LSP converts an end user and adds or changes are made to the network, the respective conversion charge will apply, as well as any normal service order charges associated with said changes. All nonrecurring service connection charges, excluding the conversion charge mentioned above, will be charged at a discount for those services listed in Exhibits A and B. 3. For the purposes of ordering new service under this Agreement, each request for service shall be handled as a separate and initial request for service per billable telephone number. The additional line rate for Service Order Charges shall apply only to those requests for additional residential service at the end user's same location where a residential line is currently provided on SWBT's network, regardless of the nonfacilities based local service provider of record. 4. For purposes of this section, service orders for LSPs shall be handled in the same fashion as SWBT requires for its end users.
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Network and Service Order Conditions. 1. SWBT shall provide the services covered by this Agreement subject to availability of existing facilities and on a nondiscriminatory basis with its other customers. LSP shall resell the services provided 6 RESALE AGREEMENT (MO, KS & AR) PAGE 4 OF 27 SWBT/LSP F313 herein only in those service areas in which such resale services or any feature or capability thereof are offered at retail by SWBT as the incumbent local exchange carrier to its end users.
2. When LSP converts an end user currently receiving noncomplex service from the SWBT network, without any changes to SWBT's network, LSP will be charged a per order (i.e., per billable telephone number) conversion charge of twenty-five dollars ($25.00) in KansasMissouri. Conversion orders processed and completed electronically will be charged five dollars ($5.00) per order on an interim basisuntil a final rate is established by the Commission, at which time the rate established by the Commission shall be the rate. Complex orders will be charged at a rate of one hundred twenty-five dollars ($125.00). Complex services generally are those services which have order specific or service specific engineering requirements, or new services that use a different platform than current technology. Custom Services conversions (e.g. e.g., Plexar Custom) will be handled on a Customer Specific Proposal basis. A request for conversion shall be handled simultaneously by SWBT as a "disconnect" from SWBT or another resale local service provider and an "initiate" service for LSP. The charge set forth herein shall apply. When LSP converts an end user and adds or changes are made to the network, the respective conversion charge will apply, as well as any normal service order charges associated with said changes. All nonrecurring service connection charges, excluding the conversion charge mentioned above, will be charged at a discount for those services listed in Exhibits A and B.
3. For Except as provided in Sections (c)(1), (2) above, for the purposes of ordering new service under this Agreement, each request for service shall be handled as a separate and initial request for service per billable telephone number. The additional line rate for Service Order Charges shall apply only to those requests for additional residential service at the end user's same location where a residential line is currently provided on SWBT's network, regardless of the nonfacilities based local service provider of record.
4. For Except as provided in section A of Article IV, for purposes of this section, service orders for LSPs shall be handled in the same fashion as SWBT requires for its end users.
5. SWBT will make available such customer proprietary network information ("CPNI") and all other SWBT customer information as is currently available in the 2733 Report except for retail rates associated with the customer's services. PAGE 7 OF 33 III. ADDITIONAL SERVICES
A. 911/E911
1. Access to the 911 or E911 service, available to SWBT end users in the area(s) served by LSP, shall be made available to LSP's end users. Where no 911 is available, LSP end users will receive the same emergency dialing services available to SWBT end users.
2. LSP shall be responsible for collecting and remitting all applicable 911 surcharges on a per line basis to the Public Safety Answering Point (PSAP).
3. When requested by SWBT, LSP shall timely provide accurate and complete information on each of LSP's end users as needed for the provisioning of 911 service to LSPs end users. Such information shall be in a format determined by SWBT.
B. Dialing Parity
1. Local Dialing Parity
2. IntraLATA Toll Dialing Parity SWBT agrees to make intraLATA toll dialing parity available in accordance with Section 251(b)(3) of the Telecommunications Act of 1996.
C. ▇▇▇▇▇ ▇▇▇e Directories: Listings, Distribution and Information Page
1. At LSP's request, SWBT shall provide nondiscriminatory access to White Pages directory listing and distribution services under the terms and conditions described herein:
a) SWBT shall provide, at no additional charge, a straight line listing in the appropriate SWBT white pages for each of LSP's local exchange service end users. Subscriber listings are to be interfiled (interspersed) with SWBT's and other LSP's subscriber listings in the White Pages directory with no discernible differentiation in the listings to indicate to the reader that the listings are served by another LSP. Subscriber listing information shall, however, remain the property of SWBT but nothing herein contained shall in any manner restrict or limit LSP's authority and right to exercise complete dominion over its subscriber lists and subscriber information in its own databases. SWBT will provide subscriber list information that includes LSP customers to third parties on the same terms and conditions and at the same rates that SWBT provides its own subscriber list information to third parties. Provision of subscriber list information to third parties will be solely at SWBT's discretion.
b) Additional Listing Services (e.g., foreign and signature listings) can be purchased by LSP for its end users on a per listing basis. LSP shall pay SWBT for all such listings provided to LSP's end users. The discounts applicable to Listing Services are contained in Exhibits A and B to this Agreement.
c) LSP end users shall be entitled to one directory per basic residential or business line provided by SWBT pursuant to this Agreement.
d) SWBT, or its agents shall deliver a White Pages Directory to LSP end user's premises at the same time that such directories are delivered to SWBT end users. If an LSP's end user already has a current SWBT directory, SWBT shall not be required to deliver a new directory to that end user until the new directories are published for that end user's location.
e) LSP hereby releases SWBT from any and all liability for damages due to errors or omissions in LSP's subscriber listing information as it appears in the White Pages directory, including, but not limited to, special, indirect, consequential, punitive, or incidental damages except where SWBT has engaged in willful misconduct or gross negligence. To the extent LSP reimburses its end user subscriber any listing charge due to errors or omissions caused directly by SWBT, SWBT shall reimburse LSP any associated wholesale rate.
f) LSP shall indemnify, protect, save harmless and defend SWBT (or SWBT's officers, employees, agents, assigns, and representatives) from and against any and all losses, liability, damages, and expense arising out of any demand, claim, suit, or judgment by a third party in any way related to any error or omission in LSP's subscriber listing information as it appears in the White Pages directory, including any error or omission related to nonpublished or nonlisted subscriber listing information; provided, however, LSP shall not be required to indemnify SWBT where SWBT has engaged in gross negligence or willful misconduct. LSP shall so indemnify regardless of whether the demand, claim, or suit by the third party is brought jointly against LSP and SWBT, and/or against SWBT alone.
2. Information Page
a) At LSP's request, SWBT shall include in the "Informational Page" section of SWBT's White Pages directory, for those geographical areas in which LSP provides local exchange services, LSP's customer contact information regarding emergency services, billing and service information, repair services and other pertinent information similar to that provided by SWBT in its "Informational Pages." Such information shall be included on the same page with other LSP information.
b) At LSP's option, LSP shall be provided a single "Informational Page" (one side of one page) in the informational section of the White Pages directory covering a geographic area where an LSP provides local exchange service. This page shall be no different in style, size, color and format than SWBT "Informational Pages." Sixty (60) days prior to the directory close date, LSP shall provide to SWBT the "Informational Page" in the form of camera-ready copy. The charges associated with this service vary from geographic market to market, and are charged outside this Agreement. LSP may purchase additional pages at the prevailing rates.
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