Exhibit 10.4
FOCAL COMMUNICATIONS CORPORATION OF WASHINGTON
AND
U S WEST COMMUNICATIONS, INC.
ARBITRATED INTERCONNECTION
AGREEMENT
FOR THE STATE OF WASHINGTON
Agreement Number
CDS-990114-0031
Focal Communications Corporation of Washington
Is opting into the Electric Lightwave, Inc. Agreement
TABLE OF CONTENTS
I. RECITALS 1
II. SCOPE OF AGREEMENT 1
III.DEFINITIONS 2
IV. RATES AND CHARGES GENERALLY 8
V. RECIPROCAL TRAFFIC EXCHANGE 8
A. Scope 8
B. Types of Traffic 8
C. Types of Exchanged Traffic 9
D. Rate Structure -- Local Traffic 11
E. Rate Structure -- Toll Traffic 12
F. Rate Structure -- Transit Traffic 12
G. LIS Interface Code Availability And Optional Features 12
H. Measuring Local Interconnection Minutes 13
I. Testing 14
J. Ordering 14
K. Billing Arrangements 15
L. Mileage Measurement 16
M. Construction Charges 16
VI. INTERCONNECTION 16
A. Definition 16
B. Mid-span Meet POI 17
C. Collocation 17
D. Entrance Facility 17
E. Quality of Interconnection 17
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TABLE OF CONTENTS
F. Points of Interface (POI) 17
G. Trunking Requirements 18
H. Service Interruptions 19
I. Interconnection Forecasting 20
VII. COLLOCATION 21
A. General Provisions 21
B. Virtual Collocation 22
C. Physical Collocation 24
D. Collocation Rate Elements 26
E. Collocation Installation Intervals 29
VIII. INTERIM NUMBER PORTABILITY 30
A. General Terms 30
B. Description of Service 31
IX. DIALING PARITY 35
X. ACCESS TO TELEPHONE NUMBERS 35
XI. CALL COMPLETION FROM USWC OPERATORS 36
XII. BUSY LINE VERIFY INTERRUPT 36
XIII. TOLL AND ASSISTANCE OPERATOR SERVICES 37
XIV. DIRECTORY ASSISTANCE 38
XV. DIRECTORY LISTINGS 39
XVI. U S WEST DIRECT ISSUES 41
XVII. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY 41
XVIII. ACCESS TO DATABASES 41
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XIX. NOTICE OF CHANGES 42
XX. 9111E-911 SERVICE 42
XXI. REFERRAL ANNOUNCEMENT 44
XXII. COORDINATED REPAIR CALLS 44
XXIII. NETWORK INTERCONNECTION AND UNBUNDLED ELEMENT REQUEST. 44
XXIV. AUDIT PROCESS 46
XXV. AUDIOTEXT AND MASS ANNOUNCEMENT SERVICES 47
XXVI. LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING 48
XXVII. SIGNALING ACCESS TO CALL-RELATED DATABASES 49
XXVIII. INTERCONNECTION TO LINE INFORMATION DATABASE (LIDB) 50
XXIX. CONSTRUCTION CHARGES 51
XXX. RESALE 52
A. Description 52
B. Scope 52
C. Ordering and Maintenance 52
D. Focal Responsibilities 54
E. Rates and Charges 55
F. Directory Listings 56
G. Deposit 56
H. Payment 57
XXXI. UNBUNDLED ACCESS ELEMENTS 58
A. General Terms 58
B. Description of Unbundled Elements 58
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TABLE OF CONTENTS
XXXII. SERVICE STANDARDS 64
XXXIII. IMPLEMENTATION SCHEDULE 65
XXXIV. MISCELLANEOUS TERMS 66
A. General Provisions 66
B. Most Favored Nation Terms and Treatment 67
C. Letter of Authorization 67
D. Payment 67
E. Taxes 67
F. Intellectual Property 68
G. Severability 68
H. Responsibility for Environmental Contamination 69
I. Responsibility of Each Party 69
J. Referenced Documents 69
K. Publicity and Advertising 70
L. Executed in Counterparts 70
M. Headings of No Force or Effect 70
N. Entire Agreement 70
0. Joint Work Product 70
P. Disclaimer of Agency 70
Q. Survival 71
R. Effective Date 71
S. Amendment of Agreement 71
T. Indemnity 71
U. Limitation of Liability 72
V. Term of Agreement 73
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W. Controlling Law 73
X. Cancellation Charges 73
Y. Regulatory Approval 73
Z. Compliance 73
AA. Compliance with the Communications Law Enforcement Act of 1994
("CALEA") 73
BB. Independent Contractor 74
CC. Force Majeure 74
DD. Dispute Resolution 74
EE. Commission Decision 74
FF. Nondisclosure 74
GG. Notices 76
HH. Assignment 76
II. Warranties 76
JJ. Default 77
KK. No Third Party Beneficiaries 77
APPENDIX A - RATES AND CHARGES ▇▇
▇▇▇▇▇▇▇▇ ▇ - ENGINEERING REQUIREMENTS 1
APPENDIX C - PHYSICAL COLLOCATION AGREEMENT 1
ARTICLE I - PREMISES 3
ARTICLE II - EFFECTIVENESS AND REGULATORY APPROVAL 4
ARTICLE III - TERM 5
ARTICLE IV - PREMISES CHARGES 7
ARTICLE V - INTERCONNECTION CHARGES 7
ARTICLE VI - DEMARCATION POINT 7
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TABLE OF CONTENTS
ARTICLE VII - USE OF PREMISES 8
ARTICLE VIII - STANDARDS 9
ARTICLE IX - RESPONSIBILITIES OF THE INTERCONNECTOR AND USWC 9
ARTICLE X - QUIET ENJOYMENT 11
ARTICLE XI - ASSIGNMENT 11
ARTICLE XII -CASUALTY LOSS 11
ARTICLE XIII - LIMITATION OF LIABILITY 12
ARTICLE XIV - SERVICES, UTILITIES, MAINTENANCE AND FACILITIES 13
ARTICLE XV- DISPUTE RESOLUTION 13
ARTICLE XVI - SUCCESSORS BOUND 13
ARTICLE XVII - CONFLICT OF INTEREST 13
ARTICLE XVIII - NON-EXCLUSIVE REMEDIES 14
ARTICLE XIX - NOTICES 14
ARTICLE XX - COMPLIANCE WITH LAWS 14
ARTICLE XXI- INSURANCE 14
ARTICLE XXII- US WEST'S RIGHT OF ACCESS 15
ARTICLE XXIII- OTHER COLLOCATION AGREEMENTS 15
ARTICLE XXIV - MISCELLANEOUS 15
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INTERCONNECTION AGREEMENT
THIS INTERCONNECTION AGREEMENT, made as of this 15th day of January, 1999,
is between Focal Communications Corporation of Washington ("Focal") and U S WEST
Communications, Inc. ("USWC"), a Colorado corporation.
I. RECITALS
Pursuant to this Interconnection Agreement Focal Communications Corporation
of Washington. ("Focal") and U S WEST Communications, Inc. ("USWC"),
collectively "the Parties", will extend certain arrangements to one another
within each LATA in which they both operate within this State. This
Agreement is a combination of agreed terms and terms imposed by arbitration
under Section 252 of the Communications Act of 1934, as modified by the
Telecommunications Act of 1996 ("the Act"), and as such does not
necessarily represent the position of either Party on any given issue. The
Parties enter into this Agreement without prejudice to any position they
may have taken previously, or may take in the future in any legislative
regulatory, or other public forum addressing any matters, including matters
related to the types of arrangements prescribed by this Agreement.
II. SCOPE OF AGREEMENT
A. This Agreement sets forth the terms, conditions and prices under which
USWC agrees to provide (a) services for resale (hereinafter referred
to as "Local Services") (b) certain Unbundled Network Elements,
Ancillary Functions and additional features to Focal (hereinafter
collectively referred to as "Network Elements") or combinations of
such Network Elements ("Combinations") for Focal's own use or for
resale to others. The Agreement also sets forth the terms, conditions
and prices under which the parties agree to provide interconnection
and reciprocal compensation for the exchange of local traffic between
USWC and Focal for purposes of offering telecommunications services.
Unless otherwise provided in this Agreement, the parties will perform
all of their obligations hereunder throughout, to the extent provided
in the Appendices attached hereto. The Agreement includes all
accompanying appendices.
B. In the performance of their obligations under this Agreement, the
Parties shall act in good faith and consistently with the intent of
the Act. Where notice, approval or similar action by a Party is
permitted or required by any provision of this Agreement, (including,
without limitation, the obligation of the parties to further negotiate
the resolution of new or open issues under this Agreement) such action
shall not be unreasonably delayed, withheld or conditioned.
C. When Focal begins offering residential and business exchange services
in this state through the use of Focal's facilities, Focal will notify
USWC.
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D. Acknowledgment of Deferred Issues:
Focal acknowledges it is USWC's position that USWC's existing
telecommunications network represents substantial investment made as a
result of its carrier-of-last-resort obligation and that such network
allows Focal's end users to interconnect with significantly more
business and residential customers than vice versa. Focal further
acknowledges USWC believes that a separate transitional element is
necessary to compensate USWC for the value of its network in this
Agreement, that under the Act, the FCC will establish a proceeding to
address Universal Service Support, and that the Act also empowers the
state Commission to establish a separate proceeding on universal
service issues. Focal further acknowledges that USWC believes that
USWC is entitled to receive additional compensation for costs of
implementing various provisions of the Act, and that USWC shall seek
such additional recovery through future state and/or federal
regulatory proceedings. Focal disagrees with these USWC positions.
USWC acknowledges it is Focal's position that the relative investments
of the Parties is not a relevant consideration in the context of this
agreement and that it is the result of a historical monopoly which
confers significant, continuing benefits on USWC. USWC acknowledges
that it is Focal's position that no transitional elements are
necessary to compensate USWC, that any such transitional elements
would constitute a windfall to USWC, and that the investigations
contemplated at the State and federal level for Universal Service
Funding will substantially disprove USWC's claims. USWC further
acknowledges that Focal believes that the costs of implementing the
Act are costs experienced by all telecommunications carriers and that
it would be unjust, discriminatory, and anti-competitive to favor USWC
with additional cost recovery of implementation costs. USWC disagrees
with these Focal positions.
In consideration of Focal's willingness to interconnect on the terms
set forth in this Agreement, and without prejudice to the position it
may take in the FCC docket or before any state Commission, USWC agrees
to await the outcome of such proceedings, rather than seek universal
service support from Focal at this time.
III. DEFINITIONS
A. "Act" means the Communications Act of 1934 (47 U.S.C. 151
et.seq.), as amended by the Telecommunications Act of 1996, and
as from time to time interpreted in the duly authorized rules and
regulations of the FCC or a Commission within its state of
jurisdiction.
B. "Access Services" refers to the tariffed interstate and
intrastate switched access and private line transport services
offered for the origination and/or termination of interexchange
traffic (see each Parties' appropriate state and interstate
access tariffs).
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C. "ADSL" or "Asymmetrical Digital Subscriber Line" means a
transmission technology which transmits an asymmetrical digital
signal using one of several transmission methods (for example,
carrier-less AM/PM discrete multi-tone, or discrete wavelet
multi-tone).
D. "Access Service Request" or "ASR" means the industry standard
forms and supporting documentation used for ordering Access
Services. The ASR will be used to order trunking and facilities
between Focal and USWC for Local Interconnection Service.
E. "Automatic Number Identification" or "ANI" means a Feature Group
D signaling parameter which refers to the number transmitted
through a network identifying the billing number of the calling
party.
F. "CLASS features" are optional end user switched services that
include, but are not necessarily limited to: Automatic Call Back;
Call Trace; Caller ID and Related Blocking Features; Distinctive
Ringing/Call Waiting; Selective Call Forward; Selective Call
Rejection. (See Bellcore documentation for definition).
G. "BLV/BLVI Traffic" means an operator service call in which the
caller inquires as to the busy status of or requests an
interruption of a call on another Customer's Telephone Exchange
Service line.
H. "Central Office Switch" means a switch used to provide
Telecommunications Services, including, but not limited to:
a. "End Office Switches" which are used to terminate Customer
station loops for the purpose of interconnecting to each
other and to trunks; and
b. "Tandem Office Switches" which are used to connect and
switch trunk circuits between and among other Central Office
Switches. Access tandems provide connections for exchange
access and toll traffic while local tandems provide
connections for local/EAS traffic.
I. "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment
necessary for Interconnection or for access to Network Elements
on an unbundled basis which has been installed and maintained at
the premises of a second Party (the "Housing Party"). Collocation
may be "physical" or "virtual". In "Physical Collocation," the
Collocating Party installs and maintains its own equipment in the
Housing Party's premises. In "Virtual Collocation," the Housing
Party installs and maintains the Collocating Party's equipment in
the Housing Party's premises.
J. "Commission" means the Washington Utilities and Transportation
Commission.
K. "Customer" means a third party (residence or business) that
subscribes to Telecommunications Services provided by either of
the Parties.
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L. "Calling Party Number" or "CPN" is a Common Channel Signaling
("CCS") parameter which refers to the number transmitted through
a network identifying the calling party.
M. "Common Channel Signaling" or "CCS" means a method of digitally
transmitting call set-up and network control data over a special
signaling network fully separate from the public voice switched
network elements that carry the actual call. The CCS used by the
Parties shall be Signaling System 7.
N. "Competitive Local Exchange Carrier" means an entity authorized
to provide Local Exchange Service that does not otherwise qualify
as an incumbent LEC.
0. "Digital Signal Level" means one of several transmission rates in
the time division multiplexing hierarchy.
P. "Digital Signal Level 0" or "DSO" means the 64 Kbps zero-level
signal in the time-division multiplex hierarchy.
Q. "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.
R. "Digital Signal Level 3" or "DS3" means the 44.736 Mbps
third-level 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.
S. "Exchange Message Record" or "EMR" is the standard used for
exchange of telecommunications message information between
telecommunications providers for billable, non-billable, sample,
settlement and study data. EMR format is contained in
BR-O10-200-O10 ▇▇▇▇ Exchange Message Record, a Bellcore document
that defines industry standards for exchange message records.
T. "Fiber-Meet" means an interconnection architecture method whereby
the Parties physically interconnect their networks via an optical
fiber interface (as opposed to an electrical interface) at a
mutually agreed upon location.
U. "HDSL" or "High-Bit Rate Digital Subscriber Line" means a
two-wire or four-wire transmission technology which typically
transmits a DS1-level signal (or, higher level signals with
certain technologies), using: 2 Binary / 1 Quartenary ("2B1Q").
V. "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch at a DS1 level that is
twenty-four (24) local Loop transmission paths combined into a
1.544 Mbps digital signal.
W. "Interconnection" is as described in the Act and refers to the
connection of separate pieces of equipment, facilities, or
platforms between or within networks for the purpose of
transmission and routing of Telephone Exchange Service traffic
and Exchange Access traffic.
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X. "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, inter LATA or intra LATA Telephone
Toll Services.
Y. "Integrated Services Digital Network" or "ISDN" means a switched
network service that provides end-to-end digital connectivity for
the simultaneous transmission of voice and data. Basic Rate
Interface-ISDN (BRI-ISDN) provides for a digital transmission of
two 64 Kbps bearer channels and one 16 Kbps data channel (2B+D).
Z. "Local Loop Transmission" or "Loop" means the entire transmission
path which extends from the network interface or demarcation
point at a Customer's premises to the Main Distribution Frame or
other designated frame or panel in a Party's Wire Center which
serves the Customer.
AA. "Main Distribution Frame" or "MDF" means the distribution frame
of the Party providing the Loop used to interconnect cable pairs
and line and trunk equipment terminals on a switching system.
BB. "Meet-Point Billing" or "MPB" refers to an agreement whereby two
LECs (including a LEC and CLEC) jointly provide switched access
service to an Interexchange Carrier, with each LEC (or CLEC)
receiving an appropriate share of the transport element revenues
as defined by their effective access tariffs.
CC. "MECAB" refers to the Multiple Exchange Carrier Access Billing
(MECAB) document prepared by the Billing Committee of the
Ordering and Billing Forum (OBF), that functions under the
auspices of the Carrier Liaison Committee (CLC) of the Alliance
for Telecommunications Industry Solutions (ATIS). The MECAB
document, published by Bellcore as Special Report SR-BDS-000983,
contains the recommended guidelines for the billing of an access
service provided by two or more LECs (including a LEC and a
CLEC), or by one LEC in two or more states within a single LATA.
DD. "MECOD" refers to the Multiple Exchange Carriers Ordering and
Design (MECOD) Guidelines for Access Services - Industry Support
Interface, a document developed by the Ordering/Provisioning
Committee under the auspices of the Ordering and Billing Forum
(OBF), that functions under the auspices of the Carrier Liaison
Committee (CLC) of the Alliance for Telecommunications Industry
Solutions (ATIS). The MECOD document, published by Bellcore as
Special Report SR STS-002643, establishes recommended guidelines
for processing orders for access service that is to be provided
by two or more LECs (including a LEC and a CLEC). It is published
by Bellcore as SRBDS 00983.
EE. "Mid-Span Meet" 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.
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FF. "North American Numbering Plan" or "NANP" means the numbering
plan used in the United States that also serves Canada, Bermuda,
Puerto Rico 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.
GG. "NXX" means the fourth, fifth and sixth digits of a ten-digit
telephone number.
HH. "Point of Interface" or "POI" is a mutually agreed upon point of
demarcation where the exchange of traffic between two LECs
(including a LEC and a CLEC) takes place.
II. "Party" means either USWC or Focal and "Parties" means USWC and
Focal.
JJ. "Port" means a termination on a Central Office Switch that
permits customers to send or receive telecommunications services
over the public switched network, but does not include switch
features or switching functionality.
KK. "Rate Center" means the specific geographic point and
corresponding geographic area which are associated with one or
more particular NPA-NXX codes which have been assigned to a LEC
(or CLEC) for its provision of basic exchange telecommunications
services. The "rate center point" is the finite geographic point
identified by a specific V & H coordinate, which is used to
measure distance-sensitive end user traffic to/from, the
particular NPA-NXX designations associated with the specific Rate
Center. The "rate center area" is the exclusive geographic area
identified as the area within which the LEC (or CLEC) will
provide Basic Exchange Telecommunications Service bearing the
particular NPA-NXX designations associated with the specific Rate
Center. The Rate Center point must be located within the Rate
Center area.
LL. "Reseller" is a category of Local Exchange service provider that
obtains dial tone and associated telecommunications services from
another provider through the purchase of bundled finished
services for resale to its end use customers.
MM. Service Control Point" or "SCP" means a signaling end point that
acts as a database to provide information to another signaling
end point (i.e., Service Switching Point or another SCP) for
processing or routing certain types of network calls. A
query/response mechanism is typically used in communicating with
an SCP.
NN. "Signaling Transfer Point" or "STP" means a signaling point that
performs message routing functions and provides information for
the routing of messages between signaling end points. An STP
transmits, receives and processes Common Channel Signaling
("CCS") messages.
OO. "Switched Exchange Access Service" means the offering of
transmission or switching services to Telecommunications Carriers
for the purpose of the origination or termination of Telephone
Toll Service. Switched Exchange Access Services include: Feature
Group A, Feature Group B, Feature Group D,800/888
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access, and 900 access and their successors or similar Switched
Exchange Access services.
PP "Traffic Type" is the characterization of intraLATA traffic as
"local" (local includes EAS), or "toll" which shall be the same
as the characterization established by the effective tariffs of
the incumbent local exchange carrier as of the date of this
agreement.
QQ. "Wire Center" denotes a building or space within a building, that
serves as an aggregation point on a given carrier's network,
where transmission facilities are connected or switched. Wire
Center can also denote a building where one or more Central
Offices, used for the provision of Basic Exchange
Telecommunications Services and Access Services, are located.
However, for purposes of Collocation Service, Wire Center shall
mean those points eligible for such connections as specified in
the FCC Docket No. 91-141, and rules adopted pursuant thereto.
RR. "Routing Point" means a location that a LEC or CLEC has
designated on its own network as the homing (routing) point for
traffic, bearing a certain NPA-NXX designation, that is inbound
to Basic Exchange Telecommunications Services provided by the LEC
or CLEC. The Routing Point is employed to calculate mileage
measurements for the distance-sensitive transport element charges
of Switched Access Services. Pursuant to Bellcore Practice BR
▇▇▇-▇▇▇-▇▇▇, the Routing Point may be an "End Office" location,
or a "LEC Consortium Point of Interconnection". Pursuant to that
same Bellcore Practice, examples of the latter shall be
designated by a common language location identifier (CLLI) code
with (x)KD in positions 9, 10, 11, where (x) may be any
alphanumeric A-Z or 0-9. The above referenced Bellcore document
refers to the Routing Point as the Rating Point. The Rating
Point/Routing Point need not be the same as the rate center point
nor must it be located within the rate center area, but must be
in the same LATA as the NPA/NXX.(1)
SS. "Tariff Services" as used throughout this Agreement refers to the
applicable Party's interstate tariffs and state tariffs, price
lists, price schedules and catalogs.
TT. "Information Service Traffic" means Local Traffic or IntraLATA
Toll Traffic which originates on a Telephone Exchange Service
line and which is addressed to an information service provided
over a Party's information services platform (e.g., 976).
UU. Terms not otherwise defined here, but defined in the Act or in
regulations implementing the Act, shall have the meaning defined
there.
----------
(1) This sentence is incorporated pursuant to the Arbitrator's decision in
Docket No. UT-960323.
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IV. RATES AND CHARGES GENERALLY
A. Prices for termination and transport of traffic, interconnection,
access to unbundled network elements, and ancillary services are set
forth in Appendix A.
B. USWC's wholesale discounts for resale services are set forth in
Appendix A.
C. The underlying provider of a resold service shall be entitled to
receive, from the purchaser of switched access, the appropriate access
charges pursuant to its then effective switched access tariff. For the
purposes of this paragraph, Unbundled Loops are not considered as
resold services.
V. RECIPROCAL TRAFFIC EXCHANGE
A. Scope
Reciprocal traffic exchange addresses the exchange of traffic between
Focal end users and USWC end users. If such traffic is local, the
provisions of this Agreement shall apply. Where either party acts as
an intraLATA toll provider or interLATA Interexchange Carrier (IXC) or
where either party interconnects and delivers traffic to the other
from third parties, each party shall ▇▇▇▇ such third parties the
appropriate charges pursuant to its respective tariffs 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.
B. Types of Traffic
The types of traffic to be exchanged under this Agreement include:
1. EAS/local traffic as defined above.
2. IntraLATA toll traffic as defined above.
3. Switched access traffic, or interLATA toll traffic, as
specifically defined in USWC's state and interstate switched
access tariffs, and generally identified as that traffic that
originates at one of the Party's end users and terminates at an
IXC point of presence, or originates at an IXC point of presence
and terminates at one of the Party's end users, whether or not
the traffic transits the other Party's network.
4. Transit traffic is any traffic other than switched access, that
originates from one Telecommunications Carrier's network,
transits another Telecommunications Carrier's network, and
terminates to yet another Telecommunications Carrier's network.
Transit service provides the ability for a Telecommunications
Carrier to use its connection to a local or access tandem for
delivery of calls that
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originate with a Telecommunications Carrier and terminate to a
company other than the tandem company, such as another
Competitive Local Exchange Carrier, an existing Exchange Carrier,
or a wireless carrier. In these cases, neither the originating
nor terminating end user is a customer of the tandem
Telecommunications Carrier. The tandem Telecommunications Carrier
will accept traffic originated by a Party and will terminate it
at a point of interconnection with another local, intraLATA or
interLATA network Telecommunications Carrier. This service is
provided through local and access tandem switches.
5. Ancillary traffic includes all traffic destined for ancillary
services, or that may have special billing requirements,
including, but not limited to the following:
a. Directory Assistance
b. 911/E911
c. Operator call termination (busy line interrupt and verify)
d. 800/888 database dip
e. LIDB
f. Information services requiring special billing.
6. Unless otherwise stated in this Agreement, ancillary traffic will
be exchanged in accordance with whether the traffic is Local/EAS,
intraLATA toll, or Switched Access.
C. Types of Exchanged Traffic
1. Termination of Local Traffic.
Local traffic will be terminated as Local Interconnection Service
(LIS).
2. Transport of Local Traffic
As negotiated between the Parties, the exchange of local traffic
between the Parties may occur in several ways:
a. While the parties anticipate the use of two way trunks for
the delivery of local traffic, either Party may elect to
provision its own one-way trunks for delivery of local
traffic to be terminated on the other Party's network at the
"initial" point of interconnection.
b. The Parties may elect to purchase transport services from
each other or from a third party. Such transport delivers
the originating Party's local traffic to the terminating
Party's end office or tandem for call termination. Transport
may be purchased as either tandem switched transport (which
is included in the tandem call termination rate) or direct
trunk transport.
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c. Based on forecasted traffic at Focal's busy hour in CCS,
where there is a DS1's worth of traffic (512 CCS) between
the Focal switch and a USWC end office, the Parties agree to
provision a dedicated (i.e., direct) two-way trunk group
from the Focal switch directly to the USWC end office. To
the extent that Focal has established a collocation
arrangement at a USWC end office location, and has available
capacity, the Parties agree that Focal shall provide two-way
direct trunk facilities, when required, from that end office
to the Focal switch. In all other cases, the direct facility
may be provisioned by USWC or Focal or a third party. If
both Focal and USWC desire to provision the facility and
cannot otherwise agree, the parties may agree to resolve the
dispute through the submission of competitive bids.
3. Transit Traffic.
a. USWC will accept traffic originated by Focal and will
terminate it at a point of interconnection with another
CLEC, Exchange Carrier, Interexchange Carrier or Wireless
Carrier. USWC will provide this transit service through
local and access tandem switches. Focal may also provide
USWC with transit service.
b. The Parties expect that all networks involved in
transporting transit traffic will deliver calls to each
involved network with CCS/SS7 protocol and the appropriate
ISUP/TCAP message to facilitate full interoperability and
billing functions. In all cases, the originating company is
responsible to follow the EMR standard and to exchange
records with both the transiting company and the terminating
company, to facilitate the billing process to the
originating network.
c. The Parties will use industry standards developed to handle
the provision and billing of Switched Access by multiple
providers (MECAB, MECOD and the Parties' FCC tariffs),
including the onetime provision of notification to Focal of
the billing name, billing address and carrier identification
codes of all interexchange carriers originating or
terminating at each USWC access tandem.
4. Toll Traffic.
Toll traffic routed to an access tandem, or directly routed to an
end office, will be terminated as Switched Access Service.
Traffic terminated at the access tandem will be routed to the end
offices within the LATA that subtend the USWC access tandem
switch. Switched Access Service also allows for termination at an
end office or tandem via direct trunked circuits provisioned
either by USWC or Focal.
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D. Rate Structure -- Local Traffic
1. Call Termination
a. The Parties agree that call termination rates as described
in Appendix A will apply reciprocally for the termination of
local/EAS traffic per minute of use.
b. For traffic terminated at an USWC or Focal end office, the
end office call termination rate in Appendix A shall apply.
c. For traffic terminated at a USWC or Focal tandem switch,
tandem call termination rate in Appendix A shall apply. The
tandem call termination rate provides for end office call
termination, tandem switched transport and tandem switching.
The Parties acknowledge that Focal will initially serve all
of its customers within a given LATA through a single Focal
switch. The Parties also acknowledge that Focal may, in the
future, deploy additional switches in each LATA. (2)
d. For purposes of call termination, the initial Focal switch
shall be treated as a tandem switch. (3)
e. Pursuant to the Arbitrator's decision in
Docket No. UT-0960323, USWC's proposed paragraph has been
deleted.
2. Transport
a. If the Parties elect to each provision their own one-way
trunks to the other Party's end office for the termination
of local traffic, each
--------------
(2) This sentence is included pursuant to the Arbitrator's decision in Docket
No. UT-960323.
(3) This sentence is included pursuant to the Arbitrator's decision in Docket
No. UT-960323.
Page 11
Party will be responsible for its own expenses associated
with the trunks and no transport charges will apply. Call
termination charges shall apply as described above.
b. If one Party desires to purchase direct trunk transport from
the other Party, the following rate elements will apply.
Transport rate elements include the direct trunk transport
facilities between the POI and the terminating party's
tandem or end office switches.. The applicable rates are
described in Appendix A.
c. Direct-trunked transport facilities are provided as
dedicated DS3 or DS1 facilities without the tandem switching
functions, for the use of either Party between the point of
interconnection and the terminating end office or tandem
switch.
d. If the Parties elect to establish two-way direct trunks, the
compensation for such jointly used 'shared' facilities shall
be adjusted as follows. The nominal compensation shall be
pursuant to the rates for direct trunk transport in Appendix
A. The actual rate paid to the provider of the direct trunk
facility shall be reduced to reflect the provider's use of
that facility. The adjustment in the direct trunk transport
rate shall be a percentage that reflects the provider's
relative use (i.e., originating minutes of use) of the
facility in the busy hour.
e. Multiplexing options are available at rates described in
Appendix A.
E. Rate Structure -- Toll Traffic.
Applicable Switched Access Tariff rates, terms, and conditions apply
to toll traffic routed to an access tandem, or directly to an end
office. Relevant rate elements include Direct Trunk Transport (DTT) or
Tandem Switched Transport (TST), Interconnection Charge (IC), Local
Switching, and Carrier Common Line, as appropriate.
F. Rate Structure --Transit Traffic.
Applicable switched access, Type 2 or LIS transport rates apply for
the use of USWC's network to transport transit traffic. For transiting
local traffic, the applicable local transit rate applies to the
originating party per Appendix A. For transiting toll traffic, the
Parties will charge the applicable switched access rates to the
responsible carrier. For terminating transiting wireless traffic, the
Parties will charge their applicable rates to the wireless provider.
For transiting wireless traffic, the parties will charge each other
the applicable local transit rate.
G. LIS Interface Code Availability And Optional Features
1. Interface Code Availability.
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Supervisory Signaling specifications, and the applicable network
channel interface codes for LIS trunks, are the same as those used for
Feature Group D Switched Access Service, as described in the Parties'
applicable switched access tariffs.
2. Optional Features.
a. Inband MF or SS7 Out of Band Signaling.
Inband MF signaling and SS7 Out of Band Signaling are available
for LIS trunks. MF signaling or SS7 Out-of-Band Signaling must be
requested on the order for the new LIS trunks. Provisioning of
the LIS trunks equipped with MF signaling or SS7 Out of Band
Signaling is the same as that used for Feature Group D Switched
Access. Common Channel Signaling Access Capability Service, as
set forth in Section XXVIII herein, must be ordered by Focal when
▇▇▇ ▇▇▇-▇▇-▇▇▇▇ Signaling is requested on LIS trunks.
b. Clear Channel Capability.
Clear Channel Capability permits 24 DSO-64 kbit/s services or
1.536 Mbit/s of information on the 1.544 Mbit/s line rate. Clear
Channel Capability is available for LIS trunks equipped with SS7
Out-of-Band Signaling. Clear Channel Capability is only available
on trunks to USWC's access tandem switch or USWC's end office
switches (where available); (Clear Channel Capability is not
available on trunks to USWC's local tandem switches or end
offices where it is currently not deployed. Focal agrees to use
the Network Interconnection and Unbundled Element Request process
to request clear channel capability for such additional switches.
Prices for such additional clear channel capability, if any, will
be established through the NIUER Process). Clear Channel
Capability must be requested on the order for the new LIS trunks.
The provisioning of the LIS trunks equipped with Clear Channel
Capability is the same as that used for Feature Group D Switched
Access Service. USWC will provide Focal with a listing of USWC
end offices, local tandems and access tandems equipped with clear
channel capability.
H. Measuring Local Interconnection Minutes
1. Measurement of terminating Local Interconnection Minutes begins
when the terminating LIS entry switch receives answer supervision
from the called end user's end office indicating the called end
user has answered. The measurement of terminating call usage over
LIS trunks ends when the terminating LIS entry switch receives
disconnect supervision from either the called end user's end
office, indicating the called end user has
Page 13
disconnected, or Focal's point of interconnection, whichever is
recognized first by the entry switch.
2. USWC and Focal are required to provide each other the proper call
information (e.g., originated call party number and destination
call party number, etc.) to enable each Party to issue bills in a
complete and timely fashion.
I. Testing
1. Acceptance Testing
At the time of installation of an LIS trunk group, and at no
additional charge, the Parties will cooperatively test the same
parameters tested for terminating Feature Group D Switched Access
Service. Please see USWC's applicable switched access tariff for the
specifications.
2. Testing Capabilities
a. Terminating LIS 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).
b. In addition to LIS 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
tariff rates.
J. Ordering
1. When ordering LIS, the ordering Party shall specify on the service
order: 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 trunk transport or
tandem switched transport); 3) the peak busy hour CCS from the Focal
end office; 4) the number of trunks to be provisioned at a local
exchange office or tandem; 5) and any optional features (see form
Appendix B). 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.
2. When the ordering Party initially orders a DS3 interconnection
facility, in conjunction with tandem switched transport to a tandem,
or DS3 direct trunk transport facilities to a tandem or local exchange
office, the provider
Page 14
will forward the appropriate DS1 facility record information necessary
to identify the circuit facility assignment (CFA). On subsequent
orders utilizing existing DS3 interconnection facilities, or the DS3
trunk transport facility, the provider will assign the DS1 facility to
the DS3 interconnection facility or DS3 direct trunk transport
facility, as directed by the ordering Party.
3. A joint planning meeting will precede Focal and USWC trunking orders.
These meetings will result in the transmittal of Access service
Requests (ASRs) to initiate order activity. A Party requesting tandem
interconnection will provide its best estimate of the traffic
distribution to each end office subtending the tandem.
4. Service intervals and due dates or negotiated arrangements will be
determined on an individual case basis.
K. Billing Arrangements
1. USWC and Focal desire to submit separate bills, pursuant to their
separate tariffs, to interchange carriers for their respective
portions of jointly provided switched access service.
Based on the negotiated POI, the Parties will agree on a meet point
percentage to enable the joint provisioning and billing of Switched
Access Services to third parties in conformance with the Meet-Point
Billing guidelines adopted by and contained in the Ordering and
Billing Forum's MECAB and MECOD documents and referenced in USWC's
Switched Access Tariffs. The Parties understand and agree that MPB
arrangements are available and functional only to/from Interchange
Carriers who directly connect with the tandem(s) that Focal sub-tends
in each LATA.
2. The parties will use reasonable efforts, individually and
collectively, to maintain provisions in their respective federal and
state access tariffs, and/or provisions within the National Exchange
Carrier Association ("NECA") Tariff No. 4, or any successor tariff,
sufficient to reflect this MPB arrangement, including MPB percentages.
3. As detailed in the MECAB document, Focal and USWC will exchange all
information necessary to ▇▇▇▇ third parties for Switched Access
Services traffic jointly handled by Focal and USWC via the meet point
arrangement in a timely fashion. Information shall be exchanged in
Exchange message Record ("EMR") format (Bellcore Standard BR
▇▇▇-▇▇▇-▇▇▇, as amended) on magnetic tape or via a mutually acceptable
electronic file transfer protocol. The Parties will exchange records
pursuant to this paragraph without additional compensation.
4. The Parties will agree upon reasonable audit standards and other
procedures as required to ensure billing accuracy.
Page 15
5. Each company will ▇▇▇▇ the IXC's the appropriate rate elements in
accordance with their respective interstate and intrastate tariffs, as
follows:
Rate Element Billing Company
------------ ---------------
Carrier Common Line Dial Tone Provider
Local Switching Dial Tone Provider
Interconnection Charge Dial Tone Provider
Local Transport Termination Based on negotiated BIP
Local Transport Facility Based on negotiated BIP
(also called Tandem
Transmission per mile)
Tandem Switching Access Tandem Provider
Entrance Facility Access Tandem Provider
6. For originating 800/888 traffic routed to an access tandem, the tandem
provider will perform 800/888 database inquiry and translation
functions and ▇▇▇▇ the inquiry charge and translation charge (if any)
to the interexehange carrier pursuant to tariff.
7. Pursuant to the Arbitrator's decision in Docket No. UT-960323, this
proposed paragraph has been deleted.
L. Mileage Measurement
Where required, the mileage measurement for LIS facilities and trunks is
determined in the same manner as the mileage measurement for Feature Group
D Switched Access Service.
M. Construction Charges
For issues related to construction charges, see Section XXIX of this
Agreement.
VI. INTERCONNECTION
A. Definition
1. "Interconnection" is the linking of the USWC and Focal networks
for the mutual exchange of traffic and for Focal access to
unbundled network elements. Interconnection does not include the
transport and termination of traffic. interconnection is provided
by Virtual or physical collocation, entrance facilities or meet
point arrangements.
2. USWC will provide interconnection at the line side of the local
switch, the trunk side of the local switch, trunk interconnection
points of the tandem switch, central office cross-connect points,
and signaling transfer points necessary to exchange traffic and
access call related databases.
B. Mid-span Meet POI
Page 16
1. A Mid-Span Meet POI is a negotiated point of interface, limited
to the interconnection of facilities between one Party's switch
and the other Party's switch. 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, if the meet point
arrangement is used exclusively for the exchange of local
traffic.
2. If the Mid-Span Meet arrangement is to be used for access to
unbundled network elements, Focal must pay the portion of the
economic costs of the Mid-Span Meet arrangement used by Focal for
access to unbundled network elements.
C. Collocation
Interconnection may be accomplished through either virtual or physical
collocation. The terms and conditions under which collocation will be
available are described in Section VII herein.
D. Entrance Facility
Interconnection may be accomplished through the provision of an
entrance facility. An entrance facility extends from the serving wire
center of the provider to the other party's switch location. Entrance
facilities may not extend beyond the area described by the provider's
serving wire center. The rates for entrance facilities are provided in
Appendix A.
E. Quality of Interconnection
USWC will not, for the purpose of interconnection, provide to Focal
less favorable terms and conditions than USWC provides itself or in a
manner less efficient than it would impose on itself. The quality of
interconnection will be at least equal to that of USWC. To the extent
that Focal requests higher or lower quality interconnection, Focal
agrees to use the New Interconnection/Unbundled Element Request
procedure described in Section XXIII.
Both Parties agree to manage their network switches in accordance with
the Bellcore LSSGR. The acceptable service levels for LIS and the
criteria for applying protective controls will be administered in the
same manner as the network management for Switched Access Service.
F. Points of Interface (POI)
Upon the request for specific point to point routing, USWC will make
available to Focal information indicating the location and technical
characteristics of USWC's network facilities. The following
alternatives are negotiable: (1) a DS1 or DS3 entrance facility, where
facilities are available (where facilities are not available and USWC
is required to build, see Section XXIX for issues relating to
construction charges). (2) Virtual Collocation; (3) Physical
Collocation;
Page 17
and (4) negotiated Mid-Span Meet facilities. Each Party is responsible
for providing its own facilities up to the Mid-Span Meet POI. The
Parties will negotiate the facilities arrangement between their
networks.
G. Trunking Requirements
1. USWC agrees to 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 industry standards.
2. Two-way trunk groups will be established wherever possible.
Exceptions to this provision will be based on billing, signaling,
and network requirements. For example, (1) billing requirements -
switched access vs. local traffic, (2) signaling requirements -
MF vs. SS7, and (3) network requirements - directory assistance
traffic to TOPS tandems. The following is the current list of
traffic types that require separate trunk groups, unless
specifically otherwise agreed to by the Parties (deleted)stated
in this agreement(deleted). The following list does not include
separate trunks for transit traffic to third parties. The Parties
agree that if recording and reporting procedures cannot be
implemented to appropriately measure local and toll transit
traffic, either Party may request separate transit trunks. In
such a case, the other Party will not unreasonably withhold its
consent to establish separate trunks.(4)
a. IntraLATA toll and switched access trunks
b. EAS/local trunks
c. Directory Assistance trunks
d. 911/E911 trunks
e. Operator services trunks
f. Commercial Mobile Radio Service/Wireless traffic for
which Focal serves as the transit provider between the
CMRS provider and USWC.
g. (deleted) Non USWC toll (deleted)
h. (deleted) Non USWC local(deleted)
I. Meet Point Billing Trunks (for the joint provision of
switched access).
3. Trunk group connections will be made at a DS1 or multiple DS1
level for exchange of EAS/local, intraLATA toll,
wireless/Commercial Mobile Radio Service, and switched access
traffic. Ancillary service trunk groups will be made below a DS1
level, as negotiated.
4. The Parties will provide Common Channel Signaling (CCS) to one
another, where available, in conjunction with all Local/EAS Trunk
Circuits.
---------
(4) The Parties have amended this provision in lieu of the disputed separate
trunk groups for local and toll transit traffic (formerly g. and h. below).
Page 18
All CCS signaling parameters will be provided including
calling party number (CPN), originating line information (OLI)
calling party category, charge number, etc. All privacy
indicators will be honored.
5. Where CCS is not available, in-band multi-frequency (MF) wink
start signaling will be provided. When the Parties interconnect
via CCS for jointly provided switched access service, the tandem
provider will provide MF/CCS interworking as required for
interconnection with interexchange carriers who use MF signaling.
6. The Parties will follow all Ordering and Billing Forum adopted
standards pertaining to CIC/OZZ codes.
7. USWC will cooperate in the provision of TNS (Transit Network
Selection) for the joint provision of switched access.
8. The Parties shall terminate local/EAS traffic exclusively on
local/EAS trunk groups. No local/EAS trunk groups shall be
terminated on USWC's access tandems.
H. Service Interruptions
1. Standards and procedures for notification of trunk disconnects
will be jointly developed by the Parties. Neither Party shall be
expected to maintain active status for a trunk disconnected by
the other Party for an extended or indefinite period of time.
Collectively, the Parties will use their best good faith efforts
to complete and agree on such plan.
2. 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 their plant; 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".
3. If either Party causes 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. They shall advise the
Impairing Party that, unless promptly rectified, a temporary
discontinuance of the use of any circuit, facility or equipment
may be required. The Impairing Party and the Impaired Party agree
to work together to attempt to promptly resolve the Impairment of
Service. If the Impairing Party is unable to promptly remedy the
Page 19
Impairment of Service, the Impaired Party may temporarily
discontinue use of the affected circuit, facility or equipment.
4. Each Party shall be solely responsible, and bear the expense, for
the overall design of its services. Each Party shall also be
responsible for any redesign or rearrangement of its services
that may be required because of changes in facilities, operations
or procedures, minimum network protection criteria, and operating
or maintenance characteristics of the facilities.
5. 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 Trouble Reporting Control
Office (TRCO) for such service.
6. Where new facilities, services and arrangements are installed,
the TRCO shall ensure that continuity exists and take appropriate
transmission measurements before advising the other Party that
the new circuit is ready for service.
7. Each Party shall furnish a trouble reporting telephone number for
the designated TRCO. This number shall give access to the
location where facility records are normally located and where
current status reports on any trouble reports that are readily
available. 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.
8. Before either Party reports a trouble condition, they shall use
their best efforts to isolate the trouble to the other's
facilities.
a. In cases where a trouble condition affects a significant
portion of the other's service, the Parties shall assign the
same priority provided to other interconnecting carriers.
b. The Parties shall cooperate in isolating trouble conditions.
I. Interconnection Forecasting
1. The Parties agree that during the first year of interconnection,
joint forecasting and planning meetings will take place no less
frequently than once per quarter.
2. The Parties shall establish joint forecasting responsibilities
for traffic utilization over trunk groups. Intercompany forecast
information must be provided by the Parties to each other four
times a year. The quarterly forecasts shall include forecasted
requirements for each trunk group identified in Paragraph G(2) of
this Section. In addition, the forecast shall include, for
tandem-switched traffic, the quantity of tandem-switched traffic
forecasted for each subtending end office. The Parties recognize
Page 20
that, to the extent historical traffic data can be shared between
the Parties, the accuracy of the forecasts will improve.
Forecasts shall be for a minimum of three (current and plus-1 and
plus-2) years;
a. The use of Common Language Location Identifier (CLLI-MSG),
which are described in Bellcore documents BR ▇▇▇-▇▇▇-▇▇▇ and
BR ▇▇▇-▇▇▇-▇▇▇;
b. A description of major network projects anticipated for the
following six months that could affect the other Party.
Major network projects include trunking or network
rearrangements, shifts in anticipated traffic patterns, or
other activities that are reflected by a significant
increase or decrease in trunking demand for the following
forecasting period. This planning will include the issues of
network capacity, forecasting and compensation calculation,
where appropriate.
3. If differences in quarterly forecasts of the Parties vary by more
than 24 additional DSO two-way trunks for each Local
Interconnection Trunk Group, the Parties shall meet to reconcile
the forecast to within 24 DSO trunks.
4. If a trunk group is under 75 percent of centum call seconds (ccs)
capacity on a monthly average basis for each month of any three
month period, either Party may request to resize the trunk group,
which resizing will not be unreasonably withheld. If a resizing
occurs, the trunk group shall not be left with less than 25
percent excess capacity. In all cases, grade of service
objectives identified below shall be maintained.
5. Each Party shall provide a specified point of contact for
planning, forecasting and trunk servicing purposes.
VII. COLLOCATION
A. General Provisions
1. Collocation allows Focal to obtain dedicated space in a USWC wire
center and to place equipment in such spaces to interconnect with
the USWC network. Focal may request collocation at other USWC
locations pursuant to the NIUER Process or through additional
interconnection negotiations under the Act. USWC will provide the
resources necessary for the operation and economical use of
collocated equipment. POIs for network interconnection can be
established through virtual or physical collocation arrangements.
2. Collocation is offered for network interconnection between the
Parties. The collocated party may cross connect to other
collocated parties via expanded interconnection channel
terminations provided by USWC,
Page 21
provided that Focal's collocated equipment is used for
interconnection with USWC or access to USWC's unbundled network
elements. Additional terms, conditions and rates apply in
conjunction with subsequent call termination (e.g., call
termination charges, tandem switching, tandem-switched transport,
see Section V, Reciprocal Traffic Exchange.)
3. Except when Focal purchases USWC's unbundled network transmission
elements, Focal will construct its own fiber optic cable to the
USWC designated point of interconnection. USWC will extend
Focal's fiber optic cable from the POI to the cable vault within
the wire center. If necessary, USWC may bring the cable into
compliance with USWC internal fire code standards and extend the
cable to the collocated space.
4. Focal will be provided two points of entry into the USWC wire
center only when there are at least two existing entry points for
USWC cable and when there are vacant entrance ducts in both. USWC
will promptly remove any unused cabling to free up entrance ducts
when no other ducts are available. Cable entry will be limited to
fiber facilities.
5. Focal. may collocate transmission equipment to terminate basic
transmission facilities. Focal may request collocation of other
equipment pursuant to the NIUER Process or through additional
interconnection negotiations under the Act. CLEC must identify
what equipment will be installed, to allow for USWC to use this
information in engineering the power, floor loading, heat
release, environmental particulant level, and HVAC.
6. Nothing in this part shall be construed to limit Focal's ability
to obtain both virtual and physical collocation in a single
location.
B. Virtual Collocation
1. USWC shall provide virtual collocation for the purpose of
Interconnection or access to unbundled Network Elements subject
to the rates, terms and conditions of this Agreement.
2. Focal will not have physical access to the USWC wire center
building pursuant to a virtual collocation arrangement.
3. Focal will be responsible for obtaining and providing to USWC
administrative codes, e.g., common language codes, for all
equipment specified by Focal and installed in wire center
buildings.
4. Focal will be responsible for payment of training of USWC
employees for the maintenance, operation and installation of
Focal's virtually collocated equipment when that equipment is
different than the equipment used by USWC.
Page 22
5. Focal will be responsible for payment of charges incurred in the
maintenance and/or repair of Focal's virtually collocated
equipment.
6. USWC does not guarantee the reliability Focal's virtually
collocated equipment.
7. Focal is responsible for ensuring the functionality of virtually
collocated SONET equipment provided by different manufacturers.
8. Maintenance Labor, Inspector Labor, Engineering Labor and
Equipment Labor business hours are considered to be Monday
through Friday, 8:00am to 5:00pm and after business hours are
after 5:00pm and before 8:00am, Monday through Friday, all day
Saturday, Sunday and holidays.
9. Focal will transfer possession of Focal's virtually collocated
equipment to USWC via a no cost lease. The sole purpose of the
lease is to provide USWC with exclusive possessory rights to
Focal's virtually collocated equipment. Title to the Focal
virtually collocated equipment shall not pass to USWC.
10. Installation and maintenance of Focal's virtually collocated
equipment will be performed by USWC or a USWC authorized vendor.
11. Focal shall ensure that upon receipt of the Focal virtually
collocated equipment by USWC, all warranties and access to
ongoing technical support are passed through to USWC, all at
Focal's expense. The interconnector shall advise the manufacturer
and seller of the virtually collocated equipment that it will be
possessed, installed and maintained by USWC.
12. Focal's virtually collocated equipment must comply with the
Bellcore Network Equipment Building System (NEBS) Generic
Equipment Requirements TR-NWT-000063, Company wire center
environmental and transmission standards and any statutory
(local, state or federal) and/or regulatory requirements in
effect at the time of equipment installation or that subsequently
become effective. Focal shall provide USWC interface
specifications (e.g., electrical, functional, physical and
software) of Focal's virtually collocated equipment.
13. USWC may restrict the type of virtually collocated equipment.
USWC will only permit basic transmission terminating equipment to
be virtually collocated by Focal. Focal may request collocation
of other equipment pursuant to the NIUER Process or through
additional interconnection negotiations under the Act.
14. Focal must specify all software options and associated plug-ins
for its virtually collocated equipment.
Page 23
15. Focal is responsible for purchasing and maintaining a supply of
spares. Upon failure of Focal's virtually collocated equipment,
Focal is responsible for transportation and delivery of
maintenance spares to USWC at the wire center housing the failed
equipment.
C. Physical Collocation
1. USWC shall provide to Focal Physical Collocation of equipment
necessary for Interconnection or for access to unbundled Network
Elements, except that USWC may provide for Virtual collocation if
USWC demonstrates to the Commission that Physical Collocation is
not practical for technical reasons or because of space
limitations, as provided in Section 251(c)(6) of the Act. USWC
shall provide such Collocation for the purpose of Interconnection
or access to unbundled Network Elements, except as otherwise
mutually agreed to in writing by the Parties or as required by
the FCC or the appropriate Commission subject to the rates, terms
and conditions of this Agreement.
2. Where Focal is Virtually Collocated in a premises which was
initially prepared for Virtual Collocation, Focal may elect to
(i) retain its Virtual Collocation in that premises and expand
that Virtual Collocation according to the rates, terms and
conditions of this Agreement, or (ii) unless it is not practical
for technical reasons or because of space limitations, convert
its Virtual Collocation at such premises to Physical Collocation,
in which case Focal shall coordinate the construction and
rearrangement with USWC of its equipment (IDLC and transmission)
and circuits for which Focal shall pay USWC at applicable rates,
and pursuant to the other terms and conditions in this Agreement.
In addition, all applicable Physical Collocation recurring
charges shall apply.
3. Focal will be allowed access to the POI on non-discriminatory
terms. Focal owns and is responsible for the installation,
maintenance and repair of its transmission equipment located
within the space rented from USWC.
4. Focal must use leased space promptly and may not warehouse space
for later use or sublease to another provider. Physical
collocation is offered in wire centers on a space-available,
first come, first-served basis.
5. The minimum standard leasable amount of floor space is 100 square
feet. Focal must efficiently use the leased space; no more than
50% of the floor space may be used for storage cabinets and work
surfaces. The Commission will be the final arbitrator in points
of dispute between the parties.
6. Focal's leased floor space will be separated from other
competitive providers and USWC space through cages or hard walls.
Focal may elect to have USWC construct the cage, or choose from
USWC approved
Page 24
contractors to construct the cage, meeting USWC's installation
Technical Publication 77350.
7. The following standard features will be provided by USWC:
a. Heating, ventilation and air conditioning.
b. Smoke/fire detection and any other building code
requirement.
8. USWC Responsibilities.
a. Design the floor space within each wire center which will
constitute CLEC's leased space.
b. Ensure that the necessary construction work is performed to
build CLEC's leased physical space and the riser from the
vault to the leased physical space.
c. Develop a quotation specific to Focal's request.
d. Extend USWC-provided and owned fiber optic cable from the
POI through the cable vault and extending the cable to
Focal's leased physical space or place the cable in fire
retardant tubing prior to extension to Focal's leased
physical space.
e. Installation and maintenance and all related activity
necessary to provide Channel Termination between USWC's and
Focal's equipment.
f. Work cooperatively with Focal in matters of joint testing
and maintenance.
9. Focal Responsibilities
a. Determine the type of enclosure for the physical space.
b. Where applicable, procure, install and maintain all fiber
optic facilities up to the USWC designated POI.
c. Install, maintain, repair and service all Focal's equipment
located in the leased physical space.
d. Ensure that all equipment installed by Focal complies with
Bellcore Network Equipment Building System Generic Equipment
requirements, USWC wire center environmental and
transmission standards, and any statutory (local, federal,
or state) or regulatory requirements in effect at the time
of equipment installation or that subsequently become
effective.
Page 25
10. Once construction is complete for physical collocation and Focal
has accepted its leased physical space, Focal may order its DSO,
DS1, DS3 or other Expanded Interconnection Channel Terminations.
11. Focal may not extend dark fiber to Focal's leased physical space
or connecting DS1/DS3 Channel Terminations to USWC dark fiber.
12. If, at any time, USWC determines that the equipment or the
installation does not meet requirements, Focal will be
responsible for the costs associated with the removal,
modification to, or installation of the equipment to bring it
into compliance. If Focal fails to correct any noncompliance
within fifteen (15) days of written notice of non-compliance,
USWC may have the equipment removed or the condition corrected at
Focal's expense.
13. If, during installation, USWC determines Focal activities or
equipment are unsafe, non-standard or in violation of any
applicable laws or regulations, USWC has the right to stop work
until the situation is remedied. If such conditions pose an
immediate threat to the safety of USWC employees, interfere with
the performance of USWC's service obligations, or pose an
immediate threat to the physical integrity of the conduit system
or the cable facilities, USWC may perform such work and/or take
action as is necessary to correct the condition at Focal's
expense.
14. For each Physical Collocation, the Parties agree to execute an
individual 'Physical Collocation Agreement' in form attached
hereto as Appendix C.
D. Collocation Rate Elements
1. Common Rate Elements
The following rate elements are common to both virtual and
physical collocation:
a. Quote Preparation Fee. This covers the work involved in
developing a quotation for Focal for the total costs
involved in its collocation request.
b. Entrance Facility. Provides for fiber optic cable on a per
fiber basis from the point of interconnection utilizing USWC
owned, conventional single mode type of fiber optic cable to
the collocated equipment (for virtual collocation) or to the
leased space (for physical collocation). Entrance facility
includes riser, fiber placement, entrance closure,
conduit/innerduct, and core drilling.
c. Cable Splicing. Represents the labor and equipment to
perform a subsequent splice to the Focal provided fiber
optic cable after the
Page 26
initial installation splice. Includes a per-setup and a
per-fiber-spliced rate elements.
d. -48 Volt Power. Provides -48 volt power to the Focal
collocated equipment. Charged on a per ampere basis.
e. 48 Volt Power Cable. Provides for the transmission of -48
Volt DC power to the collocated equipment. It includes
engineering, furnishing and installing the main distribution
bay power breaker, associated power cable, cable rack and
local power bay to the closest power distribution bay. It
also includes the power cable (feeders) A and B from the
local power distribution bay to the leased physical space
(for physical collocation) or to the collocated equipment
(for virtual collocation).
f. Inspector Labor. Provides for the USWC qualified personnel
necessary when Focal requires access to the point of
interconnection after the initial installation or access to
its physical collocation floor space, where an escort is
required A call-out of an inspector after business hours is
subject to a minimum charge of four hours. The minimum
call-out charge shall apply when no other employee is
present in the location, and an `off-shift' USWC employee
(or contract employee) is required to go `on-shift' on
behalf of Focal.
g. Expanded Interconnection Channel Termination (EICT).
Telecommunications interconnection between Focal's
collocated equipment and USWC's network is accomplished via
an Expanded Interconnection Channel Termination (EICT). This
element can be at the DSO, DS1, DS3 or other level depending
on the USWC service it is connecting to. Connection to any
other network or telecommunications source within the wire
center is allowed only through USWC services.
h. Expanded Interconnection Channel Regeneration. Required when
the distance from the leased physical space (for physical
collocation) or from the collocated equipment (for virtual
collocation) to the USWC network is of sufficient length to
require regeneration.
2. Physical Collocation Rate Elements
The following rate elements apply only to physical collocation
arrangements:
a. Floor Space Rental. Provides the monthly rent for the leased
physical space, property taxes and base operating cost
without -48 Volt DC power. Includes convenience 110 AC, 15
amp electrical outlets provided in accordance with local
codes and may
Page 27
not be used to power transmission equipment or -48 Volt DC
power generating equipment. Also includes maintenance for
the leased space; provides for the preventative maintenance
(climate controls, filters, fire and life systems and
alarms, mechanical systems, standard HVAC); biweekly
housekeeping services (sweeping, spot cleaning, trash
removal) of the USWC wire center areas surrounding the
leased physical space and general repair and maintenance.
b. Enclosure Buildout. The Enclosure Buildout element, either
Cage or, at Focal's option, Hardwall, includes the material
and labor to construct the enclosure specified by Focal or
Focal may choose from USWC approved contractors to construct
the cage, meeting USWC's installation Technical Publication
77350. It includes the enclosure (cage or hardwall), air
conditioning (to support Focal loads specified), lighting
(not to exceed 2 ▇▇▇▇▇ per square foot), and convenience
outlets (3 per cage or number required by building code for
the hardwall enclosure). Also provides for humidification,
if required.
c. Pricing for the above physical collocation rate elements
will be provided on an individual basis due to the
uniqueness of Focal's requirements, central office structure
and arrangements.
3. Virtual Collocation Rate Elements
The following rate elements apply uniquely to virtual
collocation:
a. Maintenance Labor - Provides for the labor necessary for
repair of out of service and/or service-affecting conditions
and preventative maintenance of the Focal virtually
collocated equipment. Focal is responsible for ordering
maintenance spares. USWC will perform maintenance and/or
repair work upon receipt of the replacement maintenance
spare and/or equipment for Focal. A call-out of a
maintenance technician after business hours is subject to a
minimum charge as specified above.
b. Training Labor -- Provides for the billing of
vendor-provided training for USWC personnel on a
metropolitan service area basis, necessary for Focal
virtually collocated equipment which is different from USWC
provided equipment. USWC will require three USWC employees
to be trained per metropolitan service area in which the
Focal virtually collocated equipment is located. If, by an
act of USWC, trained employees are relocated, retired, or
are no longer available, USWC will not require Focal to
provide training for additional USWC employees for the same
virtually collocated equipment in the same metropolitan
area. The amount of training billed to Focal will be reduced
by half, should a second
Page 28
collocator in the same metropolitan area select the same
virtually collocated equipment as Focal.
c. Equipment Bay -- Provides mounting space for the Focal
virtually collocated equipment. Each bay includes the 7-foot
bay, its installation, and all necessary environmental
supports. Mounting space on the bay, including space for the
fuse panel and air gaps necessary for heat dissipation is
limited to 78 inches. The monthly rate is applied per shelf.
d. Engineering Labor -- Provides the planning and engineering
of the Focal virtually collocated equipment at the time of
installation, change or removal.
e. Installation Labor -- Provides for the installation, change
or removal of the Focal virtually collocated equipment.
E. Collocation Installation Intervals
The following intervals are common to both virtual and physical
collocation:
1. Acknowledgment of Floor Space Availability. Within fifteen days
of the receipt by USWC from Focal of a Request for Collocation
and an associated Quote Preparation Fee, USWC will notify Focal
whether the sufficient floor space is available to accommodate
Focal's request.
2. Quote Preparation. Within twenty-five business days of the
receipt by USWC from Focal of a Request for Collocation and an
associated Quote Preparation Fee, USWC provide Focal with a
written quotation containing all nonrecurring charges for the
requested collocation arrangement.
3. Quote Acceptance. Within thirty days of the receipt by Focal of
the USWC quotation, Focal will accept the USWC proposed
quotation. Acceptance shall require payment to USWC of fifty
percent of the nonrecurring charges provided on the quotation.
4. Completion of Cage Construction (physical collocation only).
Within 90 days of the acceptance of the quotation by Focal, the
construction of the necessary cage/hardwall enclosure shall be
completed. At this time, the leased floor space will be available
to Focal for installation of its collocated equipment.
5. Completion of Collocated Equipment Installation (virtual
collocation only) -- USWC shall complete the installation of
Focal's collocated equipment within 90 days of USWC's receipt of
Focal's collocated equipment. The installation of line cards and
other minor modifications shall be performed by USWC on intervals
equivalent to those that USWC applies to itself, but in no
instance shall any such interval exceed 90 days.
Page 29
VII. INTERIM NUMBER PORTABILITY
A. General Terms
1. The Parties shall provide Number Portability on a reciprocal
basis to each other to the extent technically feasible, and in
accordance with rules and regulations as from time to time
prescribed by the FCC and/or the Commission.
2. Until Number Portability is implemented by the industry pursuant
to regulations issued by the FCC or the Commission, the Parties
agree to provide Interim Telecommunications Number Portability
("INP") to each other through remote call forwarding, direct
inward dialing and NXX migration.
3. Once permanent number portability is implemented pursuant to FCC
or Commission regulation, either Party may withdraw, at any time
and at its sole discretion, its INP offerings, subject to advance
notice to the other Party and coordination to allow the seamless
and transparent conversion of INP customer numbers to permanent
number portability. Upon implementation of permanent number
portability pursuant to FCC regulations, both parties agree to
conform and provide such permanent number portability.
4. USWC will update its Line Information Database ("LIDB") listings
for retained numbers, and restrict or cancel calling cards
associated with these forwarded numbers as directed by Focal.
LIDB updates shall be completed by the Parties on the same
business day each INP arrangement is activated.
5. Upon request, USWC shall provide to Focal INP via Direct Inward
Dial Trunks pursuant to applicable tariffs.
6. Where either party has activated an entire NXX for a single
customer, or activated a substantial portion of an NXX for a
single customer with the remaining numbers in that NXX either
reserved for future use or otherwise unused, if such customer
chooses to receive service from the other Party, the first Party
shall cooperate with the second Party to have the entire NXX
reassigned in the LERG (and associated industry databases,
routing tables, etc.) to an End Office operated by the second
Party. Such transfer will be accomplished with appropriate
coordination between the Parties and subject to appropriate
industry lead-times for movement of NXXs from one switch to
another. Other applications of NXX migration will be discussed by
the Parties as circumstances arise.
Page 30
B. Description of Service
1. Interim Number Portability Service ("INP") is a service
arrangement that can be provided by USWC to Focal or by Focal to
USWC. For the purposes of this section, the Party porting traffic
to the other Party shall be referred to as the "INP Provider" and
the Party receiving INP traffic for termination shall be referred
to as the "INP Requestor".
2. INP applies to those situations where an end-user customer elects
to transfer service from the INP Provider to the INP Requestor
and they also wish to retain their existing telephone number. INP
consists of INP Provider's provision to the INP Requestor the
capability to route calls placed to telephone numbers assigned to
the INP Provider's switches to the INP Requestor's switches. INP
is available only for working telephone numbers assigned to the
INP Provider's customers who request to transfer to the INP
Requestor's service.
3. INP is available as INP-Remote Call Forwarding ("INP-RCF")
permitting a call to a INP Provider's assigned telephone number
to be translated to the INP Requestor's dialable local number.
INP Requestor may terminate the call as desired. Additional
capacity for simultaneous call forwarding is available where
technically feasible. The INP Requestor will need to specify the
number of simultaneous calls to be forwarded for each number
ported.
4. INP is subject to the following restrictions:
a. An INP telephone number may be assigned by INP Requestor
only to the Requestor's customers located within the INP
Provider's local calling area and toll rating area that is
associated with the NXX of the portable number.
b. INP is applicable only if the INP Requestor is engaged in a
reciprocal traffic exchange arrangement with the INP
Provider.
c. Only the existing, INP Provider assigned end-user telephone
number may be used as a ported number for INP.
d. INP will not be provided by the INP Provider for customers
whose accounts are in arrears and who elect to make a change
of service provider unless and until the following
conditions are met:
i. Full payment for the account (including
directory-advertising charges associated with the
customer's telephone number) is made by customer or INP
Requestor agrees to make full payment on behalf of
customer.
Page 31
ii. INP Provider is notified in advance of the change in
service provider and a Change of Responsibility form is
issued.
iii. INP Provider accepts the transfer of responsibility.
e. INP services shall not be re-sold, shared or assigned by
either party to another LEC or CLEC.
f. INP is not offered for NXX Codes 555, 976, 960 and coin
telephones, and Service Access Codes (i.e. 500, 700,
800/888, 900). INP is not available for FGA seven-digit
numbers, including foreign exchange (FEX), FX and FX/ONAL
and foreign Central Office Service. Furthermore, INP numbers
may not be used for mass calling events.
g. The ported telephone number will be returned to the
originating company (or to the common pool of telephone
numbers upon implementation of permanent number portability)
when the ported service is disconnected. The company
purchasing a ported number may not retain it and reassign it
to another customer. The normal intercept announcement will
be provided by the INP Provider for the period of time until
the telephone number is reassigned by the Provider.
5. Ordering and Maintenance
a. The INP Requestor is responsible for all dealings with and
on behalf of its end users, including all end user account
activity, e.g. end user queries and complaints.
b. Each party is responsible for obtaining a Letter of
Authorization (LOA) from its end users that requests a
transfer of the end user's telephone number from the other
party.
c. The INP Provider will work cooperatively with the Requestor
to ensure a smooth customer transition and to avoid
unnecessary duplication of other facilities (e.g., unbundled
loops). The Parties will cooperate to develop intercompany
procedures to implement the requirements of this paragraph.
d. If an end user requests transfer of service from the INP
Requestor back to the INP Provider, the Provider may rely on
that end user request to institute cancellation of the INP
service. The INP Provider will provide at least 48 hours
notice to the INP Requestor of the cancellation of INP
service, and will work cooperatively with the Requestor to
ensure a smooth customer transition and to avoid unnecessary
duplication of other facilities (e.g., unbundled loops). The
Parties will cooperate to develop intercompany procedures
to implement the requirements of this paragraph.
Page 32
e. Certain features are not available on calls passed through
INP service.
f. The Requestor's designated INP switch must return answer and
disconnect supervision to the INP Provider's switch.
g. The Requestor will provide to the E91 1 database provider
the network telephone number that the Requestor assigned to
the Provider-assigned, ported telephone number. Updates to
and maintenance of the INP information to the E911 database
are the responsibility of the INP Requestor.
h. The INP Requestor will submit to the INP Provider a
disconnect order for each ported number that is relinquished
by the Requestor's end users.
6. Cost Recovery
The parties agree that, for the purposes of this agreement that
the following cost structure is an acceptable measure of the
costs incurred by the INP Provider.
a. Number Ported -- This cost is incurred per number ported,
per month. Should the INP Requestor provide the transport
from the Provider's end office to the Requestor's end office
switch, a lower cost is incurred. This cost represents a
single call path from the Provider's end office switch to
the Requestor for the portable number.
b. Additional Call Path -- This cost is incurred per additional
call path per month added to a particular ported telephone
number. Should the INP Requestor provide the transport from
the Provider's end office to the Requestor's end office
switch, a lower cost is incurred.
c. Service Establishment -- Per Switch. This non-recurring cost
is incurred for each INP Provider's end office switch that
is equipped to provide INP to the INP Requestor.
d. Service Establishment -- Per Number -- This non-recurring
cost is for each telephone number equipped with INP.
e. The parties agree that Appendix A reasonably identifies the
above costs.
Page 33
(deleted)USWC position:
f. Each of the above costs should be borne by the INP
Requestor. MFS:(deleted)
f. Solely for the purposes of this arbitrated agreement between
USWC and Focal, these two parties agree to assign between
themselves, on an interim basis, interim number portability
costs on the basis of active local numbers, recognizing that
such assignment necessarily excludes recovery from other
industry participants. Each party is free to advocate the
assignment of interim number portability costs to other
industry participants as part of the appropriate industry-
wide cost recovery method. Section f has been incorporated
pursuant to the Arbitrator's decision in Docket UT-960323.
g. The parties shall, each quarter, exchange the confidential
data necessary to implement the above pro-rata assignment of
interim number portability costs.
h. The INP Provider will, when using RCF, send the original
("ported") number over the interconnection arrangements as
the calling party number using the signaling protocol
applicable to the arrangements. The INP Requestor will
capture and measure the number of minutes of INP incoming
traffic. USWC will provide (and update quarterly) percentage
distributions of all terminating traffic in the LATA by
jurisdictional nature of the traffic: a) local; b)
intrastate, intraLATA switched access; c) intrastate,
interLATA switched access; d) interstate, intraLATA switched
access; e) interstate, interLATA switched access.. Separate
residence and business percentage distributions will be
provided, to the extent possible. The Parties agree to work
cooperatively to develop and exchange the data required to
implement this paragraph. The appropriate percentage will be
applied to the number of minutes of INP traffic in each
category to determine the number of minutes eligible for
additional "pass through" switched access compensation. Pass
through switched access compensation will be paid at the
following rates:
(deleted)USWC PROPOSAL:
For all intra LATA toll and inter LATA minutes delivered
over INP, USWC will pay, in addition to reciprocal
compensation, the applicable CCLC for each minute.
MFS PROPOSAL:(deleted)
For all intra-LATA toll and inter-LATA minutes
delivered over INP, USWC will pay, in lieu of
reciprocal
Page 34
compensation, all terminating switched access elements
otherwise due the terminating office provider,
including:
end office switching;
IC (interconnection charge);
CCLC; and
appropriate portion of tandem switched
transport.(6)
i. Rates are contained in Appendix A.
IX. DIALING PARITY
The Parties shall provide Dialing Parity to each other as required under
Section 251 (b)(3) of the Act. This Agreement does not impact either
Party's ability to default intraLATA toll via a specific dialing pattern
until otherwise required by the Act.
X. ACCESS TO TELEPHONE NUMBERS
A. Number Resources Arrangements.
1. Nothing in this Agreement shall be construed in any manner to
limit or otherwise adversely impact either Party's right to the
request and assignment of any NANP number resources including,
but not limited to, central office (NXX) codes pursuant to the
Central Office Code Assignment Guidelines (last published by the
Industry Numbering Committee ("INC") as INC ▇▇-▇▇▇▇-▇▇▇, Revision
4/19/96, formerly ICCF 93-0729-010). NXXs, and the initial points
of interface for interconnection between the Parties' networks,
will be included in Addenda to this Agreement.
2. To the extent USWC serves as Central Office Code Administrator
for a given region, USWC will support all Focal requests related
to central office (NXX) code administration and assignments in
the manner required and consistent with the Central Office Code
Assignment Guidelines.
3. The parties shall provide local dialing parity to each other as
required under Section 251 (b)(3) of the Act.
---------
(6) The Parties recognize that the Arbitrator has ordered that the Parties
incorporate a Provision in this Agreement requiring that "each carrier issue
a ▇▇▇▇ to the IXC for its Portion of the access charges, based upon the
functions and facilities provided by the carrier for call termination" and
that the Parties' agreement should "take into account the fact that USWC
receives compensation for INP costs by means of the Remote Call Forwarding
charges". Because the Parties recognize that such a provision would incur
additional costs and for purposes of consistency with other arbitrated
results, the Parties agree to the above language.
Page 35
4. The Parties will comply with code administration requirements as
prescribed by the Federal Communications Commission, the
Commission, and accepted industry guidelines.
5. 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) guidelines to recognize and route
traffic to the other Party's assigned NXX codes at all times.
Neither Party shall impose any fees or charges whatsoever 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.
6. Each Party shall be responsible for notifying its customers of
any changes in numbering or dialing arrangements to include
changes such as the introduction of new NPAs or new NXX codes.
7. Until an impartial entity is appointed to administer
telecommunications numbering and to make such numbers available
on an equitable basis, USWC will assign NXX codes to Focal in
accordance with national guidelines at no charge.
8. Each Party is responsible for administering NXX codes assigned to
it. Each Party is responsible for obtaining Local Exchange
Routing Guide ("LERG") listings of CLLI codes assigned to its
switches. Each party shall use the LERG published by Bellcore or
its successor for obtaining routing information and shall provide
all required information to Bellcore for maintaining the LERG in
a timely manner.
XI. CALL COMPLETION FROM USWC OPERATORS
USWC Operators will provide operator call completion and call completion
and rating information and like assistance to any end user customer
reaching USWC Operators (including information for calls to Focal NXXs) in
the same manner as they provide such services for end user customers served
by USWC NXXs and for calls involving only USWC NXXs.
XII. BUSY LINE VERIFY / INTERRUPT
A. Busy Line Verification ("BLV") is performed when one Party's Customer
requests assistance from the operator bureau to determine if the
called line is in use, however, the operator bureau will not complete
the call for the Customer initiating the BLV inquiry. Only one BLV
attempt will be made per Customer operator bureau call, and a charge
shall apply whether or not the called party releases the line.
B. Busy Line Verification Interrupt ("BLVI") is performed when one
Party's operator bureau interrupts a telephone call in progress after
BLV has occurred. The operator bureau will interrupt the busy line and
inform the called party that there
Page 36
is a call waiting. The operator bureau will only interrupt the call
and will not complete the telephone call of the Customer initiating
the BLVI request. The operator bureau will make only one BLVI attempt
per Customer operator telephone call and the applicable charge applies
whether or not the called party releases the line.
C. The rate for Busy Line Verify shall be $.72 per call, and for Busy
Line Verify and Interrupt, $.87 per call.
D. Each Party's operator bureau shall accept BLV and BLVI inquiries from
the operator bureau of the other Party in order to allow transparent
provision of BLV/BLVI Traffic between the Parties' networks.
E. Each Party shall route BLV/BLVI Traffic inquiries over separate direct
trunks (and not the Local/IntraLATA Trunks) established between the
Parties' respective operator bureaus. Unless otherwise mutually
agreed, the Parties shall configure BLV/BLVI trunks over the
Interconnection architecture defined in Section VI, Interconnection,
consistent with the Joint Grooming Plan. Each Party shall compensate
the other Party for BLV/BLVI Traffic as set forth above.
XIII. TOLL AND ASSISTANCE OPERATOR SERVICES
A. Description of Service.
Toll and Assistance refers to functions customers associate with
the "0" operator. Subject to availability and capacity, access
may be provided via operator services trunks purchased from USWC
or provided by Focal via collocation arrangements to route calls
to Focal's platform.
B. Functions include:
1. O-Coin, Automatic Coin Telephone Service (ACTS) - these functions
complete coin calls, collect coins and provide coin rates.
2. Alternate Billing Services (ABS or 0+ dialing): ▇▇▇▇ to third
party, Collect and Mechanized Credit Card System (MCCS).
3. O- or operator assistance which provides general assistance such
as dialing instruction and assistance, rate quotes, emergency
call completion and providing credit.
4. Automated Branding - ability to announce the carrier's name to
the customer during the introduction of the call.
5. Rating Services - operators have access to tables that are
populated with all toll rates used by the operator switch.
C. Pricing for Toll and Assistance Operator Services shall be determined
on a case-by-case basis, upon request.
Page 37
D. Interconnection to the USWC Toll and Assistance Operator Services from
an end office to USWC T/A is technically feasible at three distinct
points on the trunk side of the switch. The first connection point is
an operator services trunk connected directly to the T/A host switch.
The second connection point is an operator services trunk connected
directly to a remote T/A switch. The third connection point is an
operator services trunk connected to a remote access tandem with
operator concentration capabilities.
E. Trunk provisioning and facility ownership will follow the guidelines
recommended by the Trunking and Routing, IOF and Switch sub-teams. All
trunk interconnections will be digital.
F. Toll and Assistance interconnection will require an operator services
type trunk between the end office and the interconnection point on the
USWC switch.
G. Connecting a position to the host system requires two circuits (one
voice and one data) per position on a T1 facility.
H. The technical requirements of operator services type trunks and the
circuits to connect the positions to the host are covered in the OSSGR
under Section 6 (Signaling) and Section 10 (System Interfaces) in
general requirements form.
XIV. DIRECTORY ASSISTANCE
A. USWC agrees to (1) provide to Focal's operators on line access to
USWC's directory assistance database; (2) provide to Focal unbranded
directory assistance service (3) provide to Focal directory assistance
service under Focal brand (where technically feasible); (4) allow
Focal or an Focal designated operator bureau to license USWC's
directory assistance database for use in providing competitive
directory assistance services; and (5) in conjunction with (2) or (3)
above, provide caller-optional directory assistance call completion
service which is comparable in every way to the directory assistance
call completion service USWC makes available to its own users and to
provide caller name and number.
B. The price for directory assistance, provided pursuant to this
Agreement, shall be 34 cents per call. As an alternative, the Parties
may obtain directory assistance service pursuant to effective tariffs.
C. The price for directory call completion services shall be 35 cents per
call, pending the completion of an approved TELRIC cost study.
Additional charges, for USWC intraLATA toll services, also apply for
completed intraLATA toll calls. Long distance service shall be
available pursuant to the wholesale discount provided in Section XXX,
Resale, herein. Call completion service is an optional service. Focal
may, at its option, request USWC to not provide call completion
services to Focal customers.
Page 38
XV. DIRECTORY LISTINGS
A. Scope
1. Listings Service ("Listings") consists of USWC placing the names,
addresses and telephone numbers of Focal's end users in USWC's
listing database, based on end user information provided to USWC
by Focal. USWC is authorized to use Listings in Directory
Assistance (DA) and as noted in paragraph 4, below.
2. Focal will provide in standard, mechanized format, and USWC will
accept at no charge, one primary listing for each main telephone
number belonging to Focal's end user customers. Primary listings
are as defined for USWC end users in USWC's general exchange
tariffs. Focal will be charged for premium listings, e.g.,
additional, foreign, cross-reference, informational, etc., at
USWC's general exchange listing tariff rates. Focal utilizing
Remote Call Forwarding for local number portability can list only
one number without charge - either the end customer's original
telephone number or the Focal-assigned number. The standard
discounted rate for an additional listing applies to the other
number.
3. USWC will furnish Focal the Listings format specifications. Focal
may supply a maximum of one batch file daily, containing only
Listings that completed on or prior to the transmission date.
USWC cannot accept Listings with advance completion dates. Large
volume activity (e.g., 100 or more listings) on a caption set is
considered a project that requires coordination between Focal and
USWC to determine time frames.
4. Focal grants USWC a non-exclusive license to incorporate Listings
information into its directory assistance database. Focal hereby
selects one of two options for USWC's use of Listings and
dissemination of Listings to third parties.
EITHER:
a. Treat the same as USWC's end user listings - No prior
authorization is needed for USWC to release Listings to
directory publishers or other third parties. USWC will
incorporate Listings information in all existing and future
directory assistance applications developed by USWC. Focal
authorizes USWC to sell and otherwise make Listings
available to directory publishers. USWC shall be entitled to
retain all revenue associated with any such sales. Listings
shall not be provided or sold in such a manner as to
segregate end users by carrier.
OR:
b. Restrict to USWC's directory assistance -- Prior
authorization required by Focal for all other uses. Focal
makes its own,
Page 39
separate agreements with USWC, third parties and directory
publishers for all uses of its Listings beyond DA. USWC will
sell Listings to directory publishers (including USWC's
publisher affiliate), other third parties and USWC products
only after the third party presents proof of Focal's
authorization. USWC shall be entitled to retain all revenue
associated with any such sales. Listings shall not be
provided or sold in such a manner as to segregate end users
by carrier.
5. To the extent that state tariffs limit USWC's liability with
regard to Listings, the applicable state tariff(s) is
incorporated herein and supersedes Section XXXIV(U), "Limitation
of Liability", of this Agreement with respect to Listings only.
B. USWC Responsibilities
1. USWC is responsible for maintaining Listings, including entering,
changing, correcting, rearranging and removing Listings in
accordance with Focal orders. USWC will take reasonable steps in
accordance with industry practices to accommodate non-published
and non-listed Listings provided that Focal has supplied USWC the
necessary privacy indicators on such Listings.
2. USWC will include Focal Listings in USWC's Directory Assistance
service to ensure that callers to USWC's Directory Assistance
service have nondiscriminatory access to Focal's Listings.
3. USWC will incorporate Focal Listings provided to USWC in the
White Pages directory published on USWC's behalf.
C. Focal Responsibilities
1. Focal agrees to provide to USWC its end user names, addresses and
telephone numbers in a standard mechanized format, as specified
by USWC.
2. Focal will supply its ACNA/CIC or CLCC/OCN, as appropriate, with
each order to provide USWC the means of identifying Listings
ownership.
3. Focal represents and warrants the end user information provided
to USWC is accurate and correct. Focal further represents and
warrants that it has reviewed all Listings provided to USWC,
including end user requested restrictions on use such as
non-published and non-listed. Focal shall be solely responsible
for knowing and adhering to state laws or rulings regarding
Listings (e.g., no solicitation requirements in the states of
Arizona and Oregon, privacy requirements in Colorado), and for
supplying USWC with the applicable Listing information.
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4. Focal is responsible for all dealings with, and on behalf of,
Focal's end users, including:
a. All end user account activity, e.g. end user queries and
complaints.
b. All account maintenance activity, e.g., additions, changes,
issuance of orders for Listings to USWC.
c. Determining privacy requirements and accurately coding the
privacy indicators for Focal's end user information. If end
user information provided by Focal to USWC does not contain
a privacy indicator, no privacy restrictions will apply.
d. Any additional services requested by Focal's end users.
D. The terms contained in this Section refer specifically to the
provision of Listings from Focal to USWC. The Parties acknowledge that
the Telecommunications Act of 1996 imposes reciprocal obligations on
incumbent and new entrant Local Exchange providers with respect to
directory assistance listings and white pages listings. As a result,
the Parties agree that the terms in this Section are reciprocal and
also include the provision of Listings from USWC to Focal, in the
event that Focal provides its own directory assistance service or
publishes its own white pages directory.
XVI. U S WEST DIRECT ISSUES
USWC and Focal agree that certain issues, such as yellow page advertising,
directory distribution, access to call guide pages, yellow page listings,
will be the subject of negotiations between Focal and directory publishers,
including U S WEST Direct. USWC acknowledges that Focal may request USWC to
facilitate discussions between Focal and U S WEST Direct.
XVII. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF WAY
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it controls on terms, conditions and prices
comparable to those offered to any other entity pursuant to each party's
applicable tariffs and/or standard agreements.
XVIII. ACCESS TO DATABASES
In accordance with Section 271 of the Act, USWC shall provide Focal with
interfaces to access USWC's databases and associated signaling necessary
for the routing and completion of Focal's traffic. Except where otherwise
specified, access to such databases, and the appropriate interfaces, shall
be made available to Focal via a Network Interconnection and Unbundled
Element Request.
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XIX. NOTICE OF CHANGES
If a Party makes a change in its network, which it believes will materially
affect the inter-operability of its network with the other Party, the Party
making the change shall provide advance notice of such change to the other
Party in accordance with the applicable FCC regulations.
XX. 911 / E-911 SERVICE
A. Scope.
1. Focal exchanges to be included in USWC's E-911 DataBase will be
indicated via written notice and will not require an amendment to
this Agreement.
2. In counties where USWC has obligations under existing agreements
as the primary provider of the 911 System to the county, Focal
will participate in the provision of the 911 System as described
in this Agreement.
a. Each party will be responsible for those portions of the 911
System for which it has total control, including any
necessary maintenance to each Party's portion of the 911
System.
b. USWC will be responsible for maintaining the E-911
Database. USWC will provide a copy of the Master Street
Address Guide ("MSAG"), and periodic updates, to Focal.
c. Focal assumes all responsibility for the accuracy of the
data that Focal provides to USWC for MSAG preparation and
E-911 Data Base operation.
d. Focal will provide end user data to the USWC ALI database
utilizing NENA-02-001 Recommended Formats For Data ▇▇▇▇▇▇▇▇,
▇▇▇▇-▇▇-▇▇▇ Recommended Standard For Street Thoroughfare
Abbreviations and NENA-02-003 Recommended Protocols For Data
Exchange. USWC will furnish Focal any variations to NENA
recommendations required for ALI database input.
e. Focal will provide end user data to the USWC ALI data base
that are Master Street Address Guide (MSAG) valid and meet
all components of the NENA-02-004 Recommended Measurements
For Data Quality.
f. Focal will update its end user records provided to the USWC
ALI database to agree with the 911 MSAG standards for its
service areas.
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g. USWC will provide Focal with the identification of the USWC
911 controlling office that serves each geographic area
served by Focal.
h. The Parties will cooperate in the routing of 911 traffic in
those instances where the ALI/ANI information is not
available on a particular 911 call.
i. USWC will provide Focal with the ten-digit telephone numbers
of each PSAP agency, for which USWC provides the 911
function, to be used by Focal operators for handling
emergency calls in those instances where the Focal customer
dials "0" instead of "911".
3. If a third party; i.e., LEC, is the primary service provider to a
county, Focal will negotiate separately with such third party
with regard to the provision of 911 service to the county. All
relations between such third party and Focal are totally separate
from this Agreement and USWC makes no representations on behalf
of the third party.
4. If Focal is the primary service provider to the county, Focal and
USWC will negotiate the specific provisions necessary for
providing 911 service to the county and will include such
provisions in an amendment to this Agreement.
5. Focal will separately negotiate with each county regarding the
collection and reimbursement to the county of applicable customer
taxes for 911 service.
6. Focal is responsible for network management of its network
components in compliance with the Network Reliability Council
Recommendations and meeting the network standard of USWC for the
911 call delivery.
7. The parties shall provide a single point of contact to coordinate
all activities under this Agreement.
8. Neither Party will reimburse the other for any expenses incurred
in the provision of E-911 services.
B. Performance Criteria. E-911 Data Base accuracy shall be as set forth
below:
1. Accuracy of ALI (Automatic Location Identification) data will be
measured jointly by the PSAP's (Public Safety Answering Points)
and USWC in a format supplied by USWC. The reports shall be
forwarded to Focal by USWC when relevant and will indicate
incidents when incorrect or no ALI data is displayed.
2. Each discrepancy report will be jointly researched by USWC and
Focal. Corrective action will be taken immediately by the
responsible party.
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3. Each party will be responsible for the accuracy of its customer
records. Each party specifically agrees to indemnify and hold
harmless the other party from any claims, damages, or suits
related to the accuracy of customer data provided for inclusion
in the E-911 Data Base.
4. The additional parameters by which the Parties will utilize the
911 or E-911 database will be the subject of further discussion
between the parties.
XXI. REFERRAL ANNOUNCEMENT
When an end user customer changes from USWC to Focal, or from Focal to
USWC, and does not retain their original telephone number, the Party
formerly providing service to the end user will provide a transfer of
service announcement on the abandoned telephone number. Each Party will
provide this referral service consistent with its tariff. This announcement
will provide details on the new number that must be dialed to reach this
customer.
XXII. COORDINATED REPAIR CALLS
A. Focal and USWC will employ the following procedures for handling
misdirected repair calls;
1. Focal and USWC will provide their respective customers with the
correct telephone numbers to call for access to their respective
repair bureaus.
2. Customers of Focal shall be instructed to report all cases of
trouble to Focal. Customers of USWC shall be instructed to report
all cases of trouble to USWC.
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.
4. Focal and USWC will provide their respective repair contact
numbers to one another on a reciprocal basis.
5. In responding to repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use these
repair calls as the basis for internal referrals or to solicit
customers to market services. Either Party may respond with
accurate information in answering customer questions.
XXIII. NETWORK INTERCONNECTION AND UNBUNDLED ELEMENT REQUEST
A. Any request for interconnection or access to an unbundled Network
Element that is not already available as described herein shall be
treated as a Network
Page 44
Interconnection and Unbundled Element Request (NIUER). USWC shall use
the NIUER Process to determine technical feasibility of the requested
interconnection or Network Elements and, for those items found to be
feasible, to provide the terms and timetable for providing the
requested items.
B. A NIUER shall be submitted in writing and shall, at a minimum,
include: (a) a technical description of each requested Network Element
or interconnection; (b) the desired interface specification; (c) each
requested type of interconnection or access; (d) a statement that the
interconnection or Network Element will be used to provide a
telecommunications service; and (e) the quantity requested.
C. Within 15 business days of its receipt, USWC shall acknowledge receipt
of the NIUER and in such acknowledgment advise Focal of any missing
information, if any, necessary to process the NIUER. Thereafter, USWC
shall promptly advise Focal of the need for any additional information
that will facilitate the analysis of the NIUER.
D. Within 30 calendar days of its receipt of the NIUER and all
information necessary to process it, USWC shall provide to Focal a
preliminary analysis of the NIUER. The preliminary analysis shall
specify: (a) USWC's conclusions as to whether or not the requested
interconnection or access to an unbundled Network Element is
technically feasible; and (b) any objections to qualification of the
requested Network Element or interconnection under the Act.
1. If USWC determines during the 30 day period that a NIUER is not
technically feasible or that the NIUER otherwise does not qualify
as a Network Element of interconnection that is required to be
provided under the Act, USWC shall advise Focal as soon as
reasonably possible of that fact, and USWC shall promptly, but in
no case later than ten days after making such a determination,
provide a written report setting forth the basis for its
conclusion.
2. If USWC determines during the thirty-day period that the NIUER is
technically feasible and otherwise qualifies under the Act, it
shall notify Focal in writing of such determination within ten
days.
3. As soon as feasible, but in any case within 90 days after USWC
notifies Focal that the NIUER is technically feasible, USWC shall
provide to Focal a NIUER quote which will include, at a minimum,
a description of each interconnection and Network Element, the
quantity to be provided, any interface specifications, and the
applicable rates (recurring and nonrecurring) including the
separately stated amortized development costs of the
interconnection or the network elements and any minimum volume
and term commitments required to achieve amortization of
development costs. An initial payment for development cost is
appropriate only where Focal is the only conceivable customer or
where requested quantity is insufficient to provide amortization.
Page 45
E. If USWC has indicated minimum volume and term commitments, then within
30 days of its receipt of the NIUER quote, Focal must either agree to
purchase under those commitments, cancel its NIUER, or seek mediation
or arbitration.
F. If Focal has agreed to minimum volume and term commitments under the
preceding paragraph, Focal may cancel the NIUER or volume and term
commitment at any time, but in the event of such cancellation Focal
will pay USWC's reasonable development costs incurred in providing the
interconnection or network element, to the extent that those
development costs are not otherwise amortized.
G. If either Party believes that the other Party is not requesting,
negotiating or processing any NIUER in good faith, or disputes a
determination, or quoted price or cost, it may seek arbitration or
mediation under S 252 of the Act. Focal is not required to use this
section as the exclusive method of seeking access to interconnection
or Network Elements.
XXIV. AUDIT PROCESS
A. "Audit" shall mean the comprehensive review of:
1. data used in the billing process for services performed and
facilities provided under this Agreement; and
2. data relevant to provisioning and maintenance for services
performed or facilities provided by either of the Parties for
itself or others that are similar to the services performed or
facilities provided under this Agreement for interconnection or
access to unbundled elements.
B. The data referred to in subsection (2), above, shall be relevant to
any performance standards that are adopted in connection with this
Agreement, through negotiation, arbitration or otherwise.
C. This Audit shall take place under the following conditions:
1. Either Party may request to perform an Audit.
2. The Audit shall occur upon 30 business days written notice by the
requesting Party to the non-requesting Party.
3. The Audit shall occur during normal business hours.
4. There shall be no more than one Audit requested by each Party
under this Agreement in any 12-month period.
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.
Page 46
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.
7. All transactions under this Agreement which are over 24 months
old will be considered accepted and no longer subject to Audit.
8. Each Party shall bear its own expenses occasioned by the Audit,
provided that the expense of any special data collection shall be
born by the requesting Party.
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.
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.
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).
D. 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 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, Focal and
USWC 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.
XXV. AUDIOTEXT AND MASS ANNOUNCEMENT SERVICES
A. The Parties agree that access to the audiotext, mass announcement and
information services of each Party should be made available to the
other Party upon execution of an agreement defining terms for billing
and compensation of such calls. Services included in this category
include 976 calls, whether flat rated or usage sensitive, intra-LATA
900 services and other intra-LATA 976-like services. Such calls will
be routed over the Local Interconnection Trunks.
B. Focal and USWC will work together in good faith to negotiate and
execute the agreement for billing and compensation for these services
within 90 days of the
Page 47
execution of this Agreement. The Parties agree that their separate
agreement on audiotext and mass announcement services will include
details concerning the creation, exchange and rating of records, all
of which will occur without any explicit charge between the Parties,
as well as a process for the handling of uncollectables so that the
originating Party does not have any responsibility for uncollectables.
C. Until such time that such an agreement is executed, Focal may choose
to block such calls, or Focal will agree to back-▇▇▇▇ and compensate
retroactively for such calls once the subsequent agreement is executed
retroactive to the effective date of this Agreement.
D. Usage Sensitive Compensation
All audiotext and mass announcement calls shall be considered toll
calls for purposes of reciprocal compensation between the Parties.
Compensation will be paid based on the compensation for toll calls
referenced in this Agreement with respect to reciprocal compensation
between the Parties, except that such compensation shall be paid by
the Party terminating the call, rather than the Party originating the
call.
E. Billing and Collection Compensation
Billing and collection compensation will be dealt with in the
agreement referenced in this section.
XXVI. LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING
A. There are certain types of calls or types of interconnection that
require exchange of billing records between the Parties, including,
for example, alternate billed and Toll Free Service calls. The Parties
agree that all call types must be routed between the networks,
accounted for, and settled among the parties. Certain calls will be
handled via the Parties' respective operator service platforms. The
Parties agree to utilize, where possible and appropriate, existing
accounting and settlement systems to ▇▇▇▇, exchange records and settle
revenue.
B. The exchange of billing records for alternate billed calls (e.g.
calling card, ▇▇▇▇-to-third number, and collect) will be distributed
through the existing CMDS processes, unless otherwise separately
agreed to by the Parties.
C. Inter-Company Settlements ("ICS") revenues will be settled through the
Calling Card and Third Number Settlement System ("CATS"). Each Party
will provide for its own arrangements for participation in the CATS
processes, through direct participation or a hosting arrangement with
a direct participant.
D. Non-ICS revenue is defined as collect calls, calling card calls, and
billed to third number calls which originate on one service provider's
network and terminate on another service provider's network in the
same Local Access Transport Area ("LATA"). The Parties agree to
negotiate and execute an Agreement within 30
Page 48
days of the execution of this Agreement for settlement of non-ICS
revenue. This separate arrangement is necessary since existing CATS
processes do not permit the use of CATS for non-ICS revenue. The
Parties agree that the CMDS system can be used to transport the call
records for this traffic.
E. Both Parties will provide the appropriate call records to the
intraLATA Toll Free Service Provider, thus permitting the Service
Provider to ▇▇▇▇ its subscribers for the inbound Toll Free Service. No
adjustments to bills via tapes, disks or NDM will be made without the
mutual agreement of the Parties.
XXVII. SIGNALING ACCESS TO CALL-RELATED DATABASES
A. When Focal is purchasing local switching from USWC, USWC will provide
access via the STP to call related databases used in AIN services. The
Parties agree to work in the industry to define the mediated access
mechanisms for SCP access. Access to the USWC SMS will be provided to
CLEC to create, modify, or update information in the call related
databases, equivalent to the USWC access.
B. USWC will offer unbundled signaling via LIS-Common Channel Signaling
Capability (CCSAC). CCSAC service utilizes the SS7 network and
provides access to call-related databases that reside at USWC'S SCPs,
such as the Line Information Database (LIDB) and the 800 Database. The
access to USWC's SCP's will be mediated via the STP Port in order to
assure network reliability.
C. CCSAC includes:
1. Entrance Facility - This element connects Focal's signaling point
of interface with the USWC serving wire center (SWC). Focal may
purchase this element or it may self-provision the entrance
facility. If the entrance facility is self-provisioned, Focal
would need to purchase collocation and an expanded
interconnection channel termination.
2. Direct Link Transport (DLT) - This element connects the SWC to
the USWC STP. Focal may purchase this element or self-provision
transport directly to the STP. If Focal provides the link to the
STP, it must purchase collocation and an expanded interconnection
channel termination at the STP location.
3. STP Port - This element provides the switching function at the
STP. One STP Port is required for each DLT Link. The Port
provides access to the Service Control Point (SCP).
D. Access to Advanced Intelligent Network (AIN) functions is available
only through the STP.
E. USWC will provide access to Service Management Systems (SMS) through
its Service Creation Environment (SCE) on an equivalent basis as USWC
provides
Page 49
to itself. SMS allows Focal to create, modify, or update information
in call-related databases. Currently, the SCE process is predominantly
manual.
F. The pricing for CCSAC service is provided in Appendix A.
XXVIII. INTERCONNECTION TO LINE INFORMATION DATA BASE (LIDB)
A. Description of Line Information Data Base (LIDB).
Line Information Data Base (LIDB) stores various line numbers and
Special Billing Number (SBN) data used by operator services systems to
process and ▇▇▇▇ calls. The operator services system accesses LIDB
data to provide origination line (calling number), billing number and
termination line (called number) management functions. LIDB is used
for calling card validation, fraud verification, preferred IC
association with the calling card, billing or service restrictions and
the sub-account information to be included on the call's billing
record.
B. Interfaces.
Bellcore's GR-446-CORE defines the interface between the
administration system and LIDB including specific message formats.
(Bellcore's TR-NWP000029, Section 10)
C. LIDB Access.
1. All LIDB queries and responses from operator services systems and
end offices are transmitted over a CCS network using a Signaling
System 7 (557) protocol (TR-NWT-000246, ▇▇▇▇ Communications
Research Specification of Signaling System 7).
2. All LIDB queries and responses from the Public Packet Switched
Network (PPSN) nodes are transmitted over one or more PPSN as
TR-TSYOOO3O1 describes. The application data needed for
processing LIDB data are formatted as TCAP messages. TCAP
messages may be carried as an application level protocol network
using 5S7 protocols for basic message transport.
3. The SCP node provides all protocol and interface support. CLEC
SS7 connections will be required to meet Bellcore's GR905. TR954
and USWC's Technical Publication 77342 specifications.
4. Non-USWC companies will submit LIDB updates through the exchange
carrier service center and the LSS service bureau. These two
centers enter information into USWC's service order process
interface system, SOPI.
5. It is currently USWC's policy to allow LIDB access to non-USWC
companies through regional STPs.
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D. Pricing for LIDB access shall be determined on a case-by-case basis.
XXIX. CONSTRUCTION CHARGES
Pursuant to the Arbitrator's decision in Docket UT-960323, USWC may not
assess separate "construction" charges in addition to the rate for
unbundling and provisioning the local loop. USWC may still assess
construction charges where they are provided for by tariff. In addition,
construction charges proposals can be further reviewed in the generic
pricing proceeding. With regard to resale, Focal will pay those
construction charges that would be applicable to the end-user if the
end-user ordered the same service directly from USWC.
(deleted)USWC Proposal:
A. All rates, charges and initial service period specified in this
Agreement contemplates the provision of network interconnection
services, equipment and facilities to the extent available. Where USWC
is required to build facilities for network interconnection,
construction charges will apply. Construction charges will also apply
when USWC determines that the placement of facilities will be
temporary, or facilities are ordered in advance of actual MFS demand
for service.
B. When facilities for interconnection services are not available and
USWC is required to construct said facilities, USWC will develop the
cost required to be paid by MFS to provide the service.
C. Except where required, all necessary construction will be undertaken
at the discretion of USWC, consistent with budgetary responsibilities
and consideration for the impact on the general body of customers.
D. A quote for the MFS portion of a specific job will be provided to MFS.
The quote will be in writing and will be binding for ninety (90) days
after the issue date. When accepted, MFS will be billed the quoted
price and construction will commence after receipt of payment. If MFS
chooses not to have USWC construct the facilities, USWC reserves the
right to ▇▇▇▇ MFS for the expense incurred for producing the
engineered job design.
E. In the event a construction charge is applicable, MFS service
application date will become the date upon which USWC receives the
required payment.
MFS Position:
No provisions for construction charges are required or justified under
the Act or regulations. An appropriately performed TELRIC study
provides recovery of all costs, including construction.(deleted)
Page 51
XXX. RESALE
A. Description
1. USWC Basic Exchange Telecommunications Service (as defined in
Section III) will be available for resale from USWC pursuant to
the Act and will reference terms and conditions (except prices)
in USWC tariffs, where applicable. Appendix A lists services
which are available for resale under this Agreement, and is
attached and incorporated herein by this reference.
2. Certain USWC services are not available for resale under this
Agreement. USWC's Telecommunication Services which are not
available for resale are identified in Appendix A.
3. Certain USWC services shall be available for resale at prices
absent a wholesale discount. Such services include residence
exchange service, private line, special access and switched
access services, and packages of services comprised of services
available for resale separately. These services are listed in
Appendix A.
4. Focal may contest the legality of any resale restrictions in a
USWC retail tariff through a complaint filed with the State
Commission.
B. Scope
1. Basic Exchange Telecommunications Service may be resold only to
the same class of customer to which USWC sells local Basic
Exchange Telecommunications Service. For example:
a. Residence service may not be resold to business customers;
b. Basic Exchange Telecommunications Service may not be resold
as a substitute for switched access service.
c. Pursuant to the Arbitrator's Decision in Docket UT-960323,
USWC's proposed paragraph has been deleted.
(deleted)Telecommunications Service may be resold only for
its intended or disclosed use.(deleted)
2. USWC shall ▇▇▇▇ Focal and Focal is responsible for all applicable
charges for the resold services. Focal shall be responsible for
all charges associated with services that Focal resells to an end
user.
C. Ordering and Maintenance.
1. Focal, or Focal's agent, shall act as the single point of contact
for its end users' service needs, including without limitation,
sales, service design
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order taking, provisioning, change orders, training, maintenance,
trouble reports, repair, post-sale servicing, billing, collection
and inquiry. Focal shall make it clear to its end users that they
are customers of the Focal for resold services. Focal's end users
contacting USWC will be instructed to contact Focal; however,
nothing in this Agreement shall be deemed to prohibit USWC from
discussing its products and services with Focal's customers who
call USWC for any reason.
2. Focal shall transmit to USWC all information necessary for the
installation (billing, listing and other information), repair,
maintenance and post-installation servicing according to USWC's
standard procedures, as described in the USWC resale operations
guide that will be provided to Focal. When USWC's end user or the
end user's new service provider discontinues the end user's
service in anticipation of moving to another service provider,
USWC will render its closing ▇▇▇▇ to end user customer effective
with the disconnection. Should Focal's end user customer, a new
service provider or Focal request service be discontinued to the
end user, USWC will issue a ▇▇▇▇ to Focal for that portion of the
service provided to Focal. USWC will notify Focal by FAX, EDI, or
other processes when end user moves to another service provider.
Focal shall issue disconnect orders to USWC, which shall be
coordinated with new connect orders issued by the new service
provider
3. Resold services shall be installed and repaired in a manner
consistent with USWC's effective tariffs with the same quality
and timeliness that USWC provides to its own end users.
4. Focal shall provide USWC and USWC shall provide Focal with points
of contact for order entry, problem resolution and repair of the
resold services.
5. Prior to placing orders on behalf of the USWC customer, Focal
shall be responsible for obtaining and have in its possession a
Letter of Authorization or Agency (LOA) from the end user. Focal
shall make LOAs available to USWC upon request.
6. Prior to placing orders that will disconnect a line from another
reseller's account Focal is responsible for obtaining all
information needed to process the disconnect order and
re-establish the service on behalf of the end user. If Focal is
displaced by another reseller or service provider, Focal is
responsible for coordination with the other reseller or service
provider. Should an end user dispute or a discrepancy arise
regarding the authority of Focal to act on behalf of the end
user, Focal is responsible for providing written evidence of its
authority to USWC within three (3) business days. If there is a
conflict between the end user designation and Focal's written
evidence or its authority, USWC shall honor the designation of
the end user and change the end user back to the previous service
provider. If Focal does not provide the LOA within
Page 53
three (3) business days, or if the end user disputes the
authority of the LOA, then Focal must, by the end of the third
business day:
a. notify USWC to change the end user back to the previous
reseller or service provider, and
b. provide any end user information and billing records Focal
has obtained relating to the end user to the previous
reseller, and
c. notify the end user and USWC that the change has been made,
and
d. remit to USWC a slamming charge as provided in Appendix A as
compensation for the change back to the previous reseller or
service provider.
7. Focal shall designate the Primary Interexchange Carrier (PIC)
assignments on behalf of its end users for interLATA services and
intraLATA services when intraLATA presubscription is implemented.
D. Focal Responsibilities
1. Focal must send USWC complete and accurate end-user listing
information for Directory Assistance, Directory, and 911
Emergency Services using the established processes of USWC. Focal
must provide to USWC accurate end-user information to ensure
appropriate listings in any databases in which USWC is required
to retain and/or maintain end-user information. USWC assumes no
liability for the accuracy of information provided by Focal.
2. Focal may not reserve blocks of USWC telephone numbers, except as
allowed by tariffs.
3. Focal is liable for all fraud associated with service to its
end-users and accounts. USWC takes no responsibility, and will
make no adjustments to Focal's account in cases of fraud. The
Parties will cooperate in the prevention and investigation of
fraudulent use of resold services.
4. This agreement does not address the resale of USWC provided
calling cards.
5. Focal will provide a three year forecast within ninety (90) days
of signing this Agreement. The forecast shall be updated and
provided to USWC on a quarterly basis in as specified in Appendix
B. The initial forecast will provide:
a. The date service will be offered (by city and/or state)
b. The type and quantity of service(s) which will be offered
c. Focal's anticipated order volume
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d. Focal's key contact personnel.
6. In the event USWC terminates the provisioning of any resold
services to Focal for any reason, Focal shall be responsible for
providing any and all necessary notice to its end users of the
termination. In no case shall USWC be responsible for providing
such notice.
E. Rates and Charges
1. Resold services as listed in Appendix A are available for resale
at the applicable resale tariff rates or at the rates or at the
wholesale discount levels set forth in Appendix A.
2. If the resold services are purchased pursuant to Tariffs and the
Tariff rates change, charges billed to Focal for such services
will be based upon the new Tariff rates less the applicable
wholesale discount as agreed to herein. The new rate will be
effective upon the Tariff effective date.
3. A Customer Transfer Charge (CTC) as specified in Appendix A
applies when transferring any existing account or lines to Focal.
4. A Subscriber Line Charge (SLC) will continue to be paid by Focal
without discount for each local exchange line resold under this
Agreement. All federal and state rules and regulations associated
with SLC as found in the applicable tariffs also apply.
5. Focal will pay to USWC the PIC change charge without discount
associated with Focal end user changes of inter-exchange or
intraLATA carriers.
6. Focal agrees to pay USWC when its end user activates any services
or features that are billed on a per use or per activation basis
(e.g., continuous redial, last call return, call back calling,
call trace, etc.). USWC shall provide Focal with detailed billing
information (per applicable OBF standards, if any) as necessary
to permit Focal to ▇▇▇▇ its end users such charges.
7. To the extent such charges apply to USWC's retail customers,
special construction charges, line extension charges, and land
development agreements may apply to Focal, as detailed in
individual state tariffs regarding end user obligations for
construction charges. Specifically, special construction charges
will be applicable where, at the request of Focal on behalf of
its customers, USWC constructs a greater quantity of facilities
than that which USWC would otherwise construct or normally
utilize.
(deleted)USWC Proposed Paragraph:(deleted)
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(deleted)8. Nonrecurring charges will be billed at the applicable
Tariff rates.
MFS Proposed Paragraph:(deleted)
8. Nonrecurring charges will be billed at the applicable Tariff
rates, less a wholesale discount of 11%, pending determination by
the Commission in the generic cost proceeding of an appropriate
wholesale discount, if any.7
9. As part of the resold line, USWC provides operator services,
directory assistance, and IntraLATA long distance with standard
USWC branding. At the request of Focal and where technically
feasible USWC will rebrand operator services and directory
assistance in Focal's name, provided the costs associated with
such rebranding are paid by Focal. Focal will have the option of
obtaining such services on an unbranded basis, at no additional
cost for "unbranding" the service.
10. USWC will address all Focal requests for ancillary resale
systems, programs, and initiatives on an individual case basis.
F. Directory Listings
As part of each resold line, USWC will accept at no charge one primary
listing for each main telephone number belonging to Focal's end user
customer based on end user information provided to USWC by Focal. USWC
will place Focal's listings in USWC's directory listing database for
directory assistance purposes and will make listings available to
directory publishers and to other third parties. Additional terms and
conditions with respect to directory listings are described in Section
XV, Directory Listings, herein..
G. Deposit
1. USWC may require Focal to make a suitable deposit to be held by
USWC as a guarantee of the payment of charges. Any deposit
required of an existing reseller is due and payable within ten
days after the requirement is imposed. The amount of the deposit
shall be the estimated charges for the resold service which will
accrue for a two-month period. Interest on the deposit shall be
accumulated by USWC at a rate equal to the federal discount rate,
as published in the Wall Street Journal from time to time.
2. When the service is terminated, or when Focal has established
satisfactory credit, the amount of the initial or additional
deposit, with any interest due, will, at Focal's option, either
be credited to Focal's account or refunded. Satisfactory credit
for a reseller is defined as twelve consecutive months service as
a reseller without a termination for
----------
(7) The Parties are unable to determine whether the Arbitrator determined
whether wholesale discounts apply to nonrecurring charges. Without waiving
their respective positions, the Parties have included this provision
providing for an interim discount rate only.
Page 56
nonpayment and with no more than one notification of intent to
terminate Service for nonpayment.
H. Payment
1. Amounts payable under this Agreement are due and payable within thirty
(30) days after the date of USWC's invoice.
2. A late payment charge of 1.5% applies to all billed balances which are
not paid by the billing date shown on the next ▇▇▇▇. To the extent
Focal pays the billed balance on time, but the amount of the billed
balance is disputed by Focal, and, it is later determined that a
refund is due Focal, interest shall be payable on the refunded amount
in the amount of 1.5% per month.
3. USWC may discontinue processing orders for the failure by Focal to
make full payment for the resold services provided under this
Agreement within thirty (30) days of Focal's receipt of ▇▇▇▇.
4. USWC may disconnect for the failure by Focal to make full payment for
the resold services provided under this Agreement within sixty (60)
days of Focal's receipt of ▇▇▇▇.
5. Collection procedures and the requirements for deposit are unaffected
by the application of a late payment charge.
6. In the event USWC terminates the provisioning of any resold services
to Focal for any reason, Focal shall be responsible for providing any
and all necessary notice to its end users of the termination. In no
case shall USWC be responsible for providing such notice.
(deleted)USWC Proposed Language:
7. USWC shall ▇▇▇▇ all amounts due from MFS for each resold service in
accordance with the terms and conditions as specified in the USWC
tariff.
MFS Proposed Language(deleted)
7. USWC shall ▇▇▇▇ all amounts due from Focal for resold service within
90 days.(8)
----------
(8) The proposed provision has been included pursuant to the Arbitrator's
Decision in Docket UT-960323.
Page 57
XXXI. UNBUNDLED ACCESS/ELEMENTS
A. General Terms
1. USWC agrees to provide the following unbundled network elements
which are addressed in more detail in later sections of this
agreement: 1) local loop, 2) local and tandem switches (including
all vertical switching features provided by such switches, 3)
interoffice transmission facilities, 4) network interface
devices, 5) signaling and call-related database facilities, 6)
operations support systems functions, and 7) operator and
directory assistance facilities.
(deleted)USWC Proposed Paragraph:(deleted)
2. (deleted)(9)This Agreement provides for the provision of
Unbundled Loops to MFS which may be connected with MFS's switch
for the purpose of offering a finished retail service. In
addition, USWC agrees to provide an Unbundled Switching Element
to MFS pursuant to the NIUER Process which may be combined with
MFS provided loops to provide a finished retail service. USWC
will not combine USWC's Unbundled Loops with USWC's Unbundled
Switching Element to provide a finished service to MFS. USWC
agrees, however, to offer finished retail services to MFS for
resale pursuant to Section XXX, Resale, of this
Agreement.(deleted)
3. USWC will not restrict the types of telecommunications services
Focal may offer through unbundled elements, nor will it restrict
Focal from combining elements with any technically compatible
equipment the Focal owns. USWC will provide Focal with all of the
functionalities of a particular element, so that Focal can
provide any telecommunications services that can be offered by
means of the element. USWC agrees to perform and Focal agrees to
pay for the functions necessary to combine requested elements in
any technically feasible manner either with other elements from
USWC's network, or with elements possessed by Focal. However,
USWC need not combine network elements in any manner requested if
not technically feasible, but must combine elements ordinarily
combined in its network in the manner they are typically
combined.
B. Description of Unbundled Elements
1. Tandem Switching
USWC will provide a tandem switching element on an unbundled
basis. The tandem switch element includes the facilities
connecting the trunk distribution frames to the switch, and all
the functions of the switch itself,
----------
(9) The proposed USWC paragraph has been deleted pursuant to the Arbitrator's
Decision in ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇.
Page 58
including those facilities that establish a temporary
transmission path between two other switches. The definition of
the tandem switching element also includes the functions that are
centralized in tandems rather than in separate end office
switches, such as call recording, the routing of calls to
operator services, and signaling conversion functions.
2. Transport
USWC will provide unbundled access to shared transmission
facilities between end offices and the tandem switch. Further,
USWC will provide unbundled access to dedicated transmission
facilities between its central offices or between such offices
and those of competing carriers. This includes, at a minimum,
interoffice facilities between end offices and serving wire
centers (SWCs), SWCs and IXC POPs, tandem switches and SWCs, end
offices or tandems of USWC , and the wire centers of USWC and
requesting carriers. USWC will also provide all technically
feasible transmission capabilities, such as DS1, D53, and Optical
Carrier levels (e.g. OC-311 2/48/96) that Focal could use to
provide telecommunications services.
3. Digital Cross Connect System.
USWC will provide Focal with access to mutually agreed upon
digital cross-connect system (DCS) points.
4. Unbundled Loops
a. Service Description
i. An Unbundled Loop establishes a transmission path
between the USWC distribution frame (or equivalent) up
to, and including, USWC's network interface device
(NID). For existing loops, the inside wire connection
to the NID will remain intact.
ii. Basic Unbundled Loops are available as a two-wire or
four-wire, point-to-point configuration suitable for
local exchange type services within the analog voice
frequency range of 300 to 3000 Hz. For the two-wire
configuration, Focal is requested to specify loop
start, ground start or loop reverse battery options.
The actual loop facilities that provide this service
may utilize various technologies or combinations of
technologies. Basic Unbundled Loops provide an analog
facility to Focal.
(a) To the extent Focal requires an Unbundled Loop to
provide ISDN, HDSL, ADSL or DS1 service, such
requirements will be identified on the order for
Unbundled Loop Service. Conditioning charges ▇▇▇▇
▇▇▇▇ 59
apply, as required, to condition such loops to
ensure the necessary transmission standard.(10)
(b) Specific channel performance options for the loops
can be ordered by identifying the Network Channel
(NC)/Network Channel Interface (NCI) for the
functions desired. USWC will provide Focal with
the available NC/NCI codes and their descriptions.
b. Unbundled Loops are provided in accordance with the
specifications, interfaces and parameters described in the
appropriate Technical Reference Publications. USWC's sole
obligation is to provide and maintain Unbundled Loops in
accordance with such specifications, interfaces and
parameters. USWC does not warrant that Unbundled Loops are
compatible with any specific facilities or equipment or can
be used for any particular purpose or service. Transmission
characteristics may vary depending on the distance between
Focal's end user and USWC's end office and may vary due to
characteristics inherent in the physical network. USWC, in
order to properly maintain and modernize the network, may
make necessary modifications and changes to the network
elements in its network on an as needed basis. Such changes
may result in minor changes to transmission parameters.
Changes that affect network interoperability require advance
notice pursuant to Section XIX, Notice of Changes, herein.
c. Facilities and lines furnished by USWC on the premises of
Focal's end user and up to the NID or equivalent are the
property of USWC. USWC must have access to all such
facilities for network management purposes. USWC's employees
and agents may enter said premises at any reasonable hour to
test and inspect such facilities and lines in connection
with such purposes or upon termination or cancellation of
the Unbundled Loop Service to remove such facilities and
lines. The Parties agree to explore issues surrounding the
extension of Unbundled Loops beyond the NID.
d. Unbundled Loops include the facilities between the USWC
distribution frame up to and including USWC's NID located at
Focal's end user premise. The connection between the
distribution frame and Focal facilities is accomplished via
channel
----------
(10) Conditioning charges were addressed at Page 11/12 of the Arbitrator's
Decision in Docket UT-960323. The Parties have agreed to this footnote in
order to implement Paragraph XXXI.B.4.a.ii.(a). The appropriate charges
will be determined in the consolidated cost proceeding. Pending such
determination. USWC will not assess conditioning charges for deloading or
the removal of excessive bridge tans on Unbundled Loops which are less than
12.000 feet in length.
Page 60
terminations that can be ordered in conjunction with either
Collocation or Unbundled Interoffice Transport Service.
e. Ordering and Maintenance.
i. For the purposes of loop assignment, tracking, and
dispute resolution, USWC will require a Letter of
Authorization for each existing USWC end user for which
Focal has requested reassignment of the loop serving
that end user.
ii. If there is a conflict between an end user (and/or its
respective agent) and Focal regarding the disconnection
or provision of Unbundled Loops, USWC will honor the
latest dated Letter of Authorization designating an
agent by the end user or its respective agent. If the
end user's service has not been disconnected and
Unbundled Loop Service is not yet established, Focal
will be responsible to pay the nonrecurring charge as
set forth herein. If the end user's service has been
disconnected and the end user's service is to be
restored with USWC, Focal will be responsible to pay
the applicable nonrecurring charges as set forth in
USWC's applicable tariff, to restore the end user's
prior service with USWC.
iii. Focal is responsible for its own end user base and will
have the responsibility for resolution of any service
trouble report(s) from its customers. USWC will work
cooperatively with Focal to resolve trouble reports
when the trouble condition has been isolated and found
to be within a portion of USWC's network. Focal must
provide to USWC switch-based test results when testing
its customer's trouble prior to USWC performing any
repair functions. The Parties will cooperate in
developing mutually acceptable test report standards.
USWC shall provide Focal with Maintenance of service
charges in accordance with applicable time and material
charges in USWC tariffs will apply when the trouble is
not in USWC's network.
iv. Focal will be responsible to submit to USWC a
disconnect order for a Unbundled Loop that is
relinquished by the end user due to cessation of
service. Unbundled Loop facilities will be returned to
USWC when the disconnect order is complete. In the
event of transfer of the end user's service from one
provider to another, the new provider will issue a
request for transfer of service, resulting in the
appropriate disconnect/reconnection of service.
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v. The installation due date is a negotiated item. For
related orders, new connects will be physically worked
within the same calendar day.
vi. When ordering Unbundled Loops, Focal is responsible for
obtaining or providing facilities and equipment that
are compatible with the service.
vii. Focal will have responsibility for testing the
equipment, network facilities and the Unbundled Loop
facility. If USWC performs tests of the Unbundled Loop
facility at Focal's request, and the fault is not in
the USWC facilities, a charge shall apply.
viii. Focal will be responsible for providing battery and
dial tone to its connection point two days prior to the
due date on the service order.
ix. The following procedures shall apply to Unbundled Loops
ordered with the option of Basic Testing at Coordinated
Time:
(a) On each Unbundled Loop order, Focal and USWC will
agree on a cutover time at least 48 hours before
that cutover time. The cutover time will be
defined as a 30 minute window within which both
the Focal and USWC personnel will make telephone
contact to complete the cutover.
(b) Within the appointed 30 minute cutover time, the
Focal person will call the USWC person designated
to perform cross-connection work and when the USWC
person is reached in that interval such work will
be promptly performed. If the Focal person fails
to call or is not ready within the appointed
interval, and if Focal had not called to
reschedule the work at least 2 hours prior to the
start of the interval, USWC and Focal will
reschedule the work order and Focal will pay the
non-recurring charge for the Unbundled Loops
scheduled for the missed appointment. In addition,
non-recurring charges for the rescheduled
appointment will apply. If the USWC person is not
available or not ready at any time during the 30
minute interval, Focal and USWC will reschedule
and USWC will waive the non-recurring charge for
the Unbundled Loops scheduled for that interval.
The standard time expected from disconnection of
service on a line to the connection of the
Unbundled Loop to the Focal
Page 62
Collocation Service is 5 minutes. If USWC causes a
line to be out of service due solely to its
failure for more than 15 minutes, USWC will waive
the nonrecurring charge for that Unbundled Loop.
If unusual or unexpected circumstances prolong or
extend the time required to accomplish the
coordinated cut-over, the Party responsible for
such circumstances is responsible for the
reasonable labor charges of the other Party.
Delays caused by the customer are the
responsibility of Focal. In addition, if Focal has
ordered INP as a part of the Unbundled Loop
installation, USWC will coordinate implementation
of INP with the Unbundled Loop installation;
provided, separate INP installation charges will
apply.
x. Focal and USWC will work cooperatively to develop
forecasts for Unbundled Loop service. USWC requests an
eighteen month forecast of Unbundled Loop service. The
forecast will include the specific serving Wire Center
that will be requested, plus the specific quantity of
each service desired. The forecast will be updated
quarterly, and will be treated as Focal confidential
information.
f. Appendix A contains the rate information for Unbundled
Loops.
g. If applicable, the New Interconnection/Unbundled Element
Request Process will apply as detailed in Section XXIII of
this Agreement.
(deleted)USWC Proposed Paragraph:(deleted)
h. For issues regarding If applicable, Construction Charges,
see Section XXIX of this Agreement. (deleted)pursuant to
Section XXIX, of this Agreement, may apply to the
construction of new Unbundled Loops on behalf of
MFS.(deleted)
5. Local Switching Elements
The switching network element includes facilities that are
associated with the line (e.g., the line card), facilities that
are involved with switching the call, and facilities used for
custom routing. USWC will provide the local switching element to
Focal pursuant to the Network Interconnection/Unbundled Element
Request Process described in Section XXIII herein.
Page 63
6. Network Interface Device (NID)
a. Service Description.
A device wired between a telephone protector and the inside
wiring to isolate the customer's equipment from the network
at the subscriber's premises. It is a device for the
termination of inside wire that is available in single and
multiple pair configurations.
b. Focal may connect its loops, via its own NID, to the USWC
NID.
c. Any costs associated with Focal connecting its NID to USWC's
NID, will be the responsibility of Focal.
d. Connecting Focal's loop directly to the USWC NID is
prohibited.
e. If Focal purchases an unbundled loop, Focal may provide its
own NID or have USWC provide the NID.
f. The price for access to the NID will be provided on a
case-by-case basis.
7. Additional Unbundled Elements
USWC shall provide nondiscriminatory access to, and where
appropriate, development of additional unbundled network elements
not covered in this Agreement in response to specific requests
therefor, pursuant to the New Interconnection/Unbundled Element
Request Process detailed in Section XXIII of this Agreement.
XXXII. SERVICE STANDARDS
A. Definitions
When used in this Section, the following terms shall have the meanings
indicated.
1. "Specified Performance Commitment" means the commitment by USWC
to meet the Performance Criteria for any Specified Activity
during the Specified Review Period.
2. "Specified Activity" means any of the following activities:
a. The installation by USWC of Unbundled Loops for Focal
("Unbundled Loop Installation");
b. USWC's provision of Interim Number Portability ("INP
Installation") to Focal;
Page 64
c. The repair of USWC service provided to Focal ("Out of
Service Repairs"); or
d. The installation by USWC of interconnection trunks for the
mutual exchange of local exchange traffic with Focal ("LIS
Trunk Installation")
3. "Performance Criteria" means, with respect to a Specified Review
Period (i.e., a calendar month or quarter), the performance by
USWC for the specified activities for Focal will meet or exceed
the average performance by USWC for the total universe of
specified performance.
B. Failure to Meet the Performance Criteria. If during a Specified Review
Period USWC fails to meet the performance criteria, USWC will use its
best efforts to meet the Performance Criteria for the next Specified
Review Period. If USWC fails to meet the performance criteria for two
consecutive periods, the Parties agree, in good faith, to attempt to
resolve such issues through negotiation or non-binding arbitration.
This paragraph shall not be construed to waive either Party's right to
seek legal or regulatory intervention as provided by state or federal
law. Focal may seek regulatory or other legal relief including
requests for specific performance of USWC's obligations under this
Agreement.
C. Limitations. USWC's failure to meet or exceed and of the Performance
Criteria can not be as a result, directly or indirectly, of a Delaying
Event. A "Delaying Event" means (a) a failure by Focal to perform any
of its obligations set forth in this Agreement, (b) any delay, act or
failure to act by a Customer, agent of subcontractor of Focal or (C)
any Force Majeure Event. If a Delaying Event prevents USWC from
performing a Specified Activity, then such Specified Activity shall be
excluded from the calculation of USWC's compliance with the
Performance Criteria.
D. Records. USWC shall maintain complete and accurate records, for the
Specified Review Period of its performance under this Agreement for
each Specified Activity and its compliance with the Performance
Criteria. USWC shall provide to Focal such records in a self-reporting
format. The parties agree that such records shall be deemed
"Proprietary Information".
XXXIII. IMPLEMENTATION SCHEDULE
A. Within 3 months from the date of final approval of this Agreement, the
Parties agree to make a good faith effort to complete each of the
following interconnection arrangements:
1. Two-way trunk groups, as listed in Section VI, Paragraph G(2)
herein, necessary for the mutual exchange of traffic.
2. E-911 Trunking and database access;
3. SS7 Interconnection and Certification;
Page 65
4. Directory Listings Arrangements and Directory Assistance
Interconnection;
5. Access to Unbundled Loops in at least one wire center;
6. Completion of Physical Collocation arrangements in at least one
USWC wire center.
7. Completion of inter-carrier billing arrangements necessary for
the joint provision of switched access services and for
reciprocal traffic exchange.
B. The Parties have agreed to commence discussion of these and other
implementation issues by May 1, 1997 to facilitate the above
implementation schedule.
XXXIV. MISCELLANEOUS TERMS
A. General Provisions
1. Each Party shall use its best efforts to comply with the
Implementation Schedule.
2. Each Party is individually responsible to provide facilities
within its network which are necessary for routing, transporting,
measuring, and billing traffic from the other Party's network and
for delivering such traffic to the other Party's network in the
standard format compatible with Focal's network and to terminate
the traffic it receives in that standard format or the proper
address on its network. Such facility shall be designed based
upon the description and forecasts provided under this Agreement.
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.
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
Customers, and each Party may discontinue or refuse service if
the other Party violates this provision Upon such violation,
either Party shall provide the other Party notice of such
violation, if practicable, at the earliest practicable time.
4. Each Party is solely responsible for the services it provides to
its Customers and to other Telecommunications Carriers.
Page 66
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.
B. Most Favored Nation Terms and Treatment
The parties agree that the provisions of Section 252(i) of the Act
shall apply, including state and federal interpretive regulations in
effect from time to time.
C. Letter of Authorization
Where so indicated in specific sections of this Agreement, Focal is
responsible to have a Letter of Authorization. Focal is solely
responsible to obtain authorization from its end user for the handling
of the disconnection of the end user's service with USWC, the
provision of service by Focal, and the provision of Unbundled Loops
and all other ancillary services. Should a dispute or discrepancy
arise regarding the authority of Focal to act on behalf of the end
user, Focal is responsible for providing written evidence of its
authority to USWC.
D. Payment
1. Amounts payable under this Agreement are due and payable within
thirty (30) days after the date of invoice.
2. Unless otherwise specified, any amount due and not paid by the
due date stated above shall be subject to a late charge equal to
either i) 0.03 percent per day compounded daily for the number of
calendar days from the payment due date to and including, the
date of payment, that would result in an annual percentage rate
of 12% or ii) the highest lawful rate, whichever is less. If late
payment charges for services are not permitted by local
jurisdiction, this provision shall not apply.
E. Taxes
Each party purchasing services hereunder shall pay or otherwise be
responsible for all federal, state, or local sales, use, excise, gross
receipts, transaction or similar taxes, fees or surcharges levied
against or upon such purchasing Party (or the providing Party when
such providing Party is permitted to pass along to the purchasing
Party such taxes, fees or surcharges), except for any tax on either
Party's 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.
Failure to timely provide said resale tax exemption certificate will
result in no exemption being available to the purchasing Party.
Page 67
F. Intellectual Property
1. Each Party hereby grants to the other Party the limited, personal
and nonexclusive right and license to use its patents, copyrights
and trade secrets but only to the extent necessary to implement
this Agreement or specifically required by the then applicable
federal and state rules and regulations relating to
interconnection and access to telecommunications facilities and
services, and for no other purposes. Nothing in this Agreement
shall be construed as the grant to the other Party of any rights
or licenses to trademarks.
2. The rights and licenses under Section F. 1. above are granted "AS
IS" and the other Party's exercise of any such right and license
shall be at the sole and exclusive risk of the other Party.
Neither Party shall have any obligation to defend, indemnify or
hold harmless, or acquire any license or right for the benefit
of, or owe any other obligation or have any liability to, the
other based on or arising from any claim, demand, or proceeding
(hereinafter "claim") by any third party alleging or asserting
that the use of any circuit, apparatus, or system, or the use of
any software, or the performance of any service or method, or the
provision of any facilities by either Party under this Agreement
constitutes infringement, or misuse or misappropriation of any
patent, copyright, trade secret, or any other proprietary or
intellectual property right of any third party.
3. Focal shall not, without the express written permission of USWC,
state or imply that; 1) Focal is connected, or in any way
affiliated with USWC or its affiliates, 2) Focal is part of a
joint business association or any similar arrangement with USWC
or its affiliates, 3) USWC and its affiliates are in any way
sponsoring, endorsing or certifying Focal and its goods and
services, or 4) with respect to Focal advertising or promotional
activities or materials, that the resold goods and services are
in any way associated with or originated from USWC or any of its
affiliates. Nothing in this paragraph shall prevent Focal from
truthfully describing the network elements it uses to provide
service to its customers.
G. Severability
The Parties recognize that the FCC is promulgating rules addressing
issues contained in this Agreement. In the event that any one or more
of the provisions contained herein shall for any reason be held to be
unenforceable in any respect under law or regulation, the parties will
negotiate in good faith for replacement language. If replacement
language cannot be agreed upon, either party may seek regulatory
intervention, including negotiations pursuant to Sections 251 and 252
of the Act.
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H. Responsibility for Environmental Contamination
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.
I. Responsibility of Each Party
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 or, (ii) waste resulting
therefrom 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.
J. Referenced Documents
All references to Sections, Exhibits, and Schedules shall be deemed to
be references to Sections of, and Exhibits and Schedules to, this
Agreement unless the context shall otherwise require. Whenever any
provision of this Agreement refers to a technical reference, technical
publication, Focal practice, USWC practice, any publication of
telecommunications industry administrative or technical standards, or
any other document specifically incorporated into this agreement, it
will be deemed to be a reference to the most recent version or edition
(including any amendments, supplements, addenda, or successors) or
such document that is in effect, and will include the most recent
version or edition (including any amendments, supplements, addenda, or
successors) or each document incorporated by reference in such a
technical reference, technical publication, Focal practice, USWC
practice, or publication of industry standards (unless Focal elects
otherwise). Should there by any inconsistency
Page 69
between or among publications or standards, Focal shall elect which
requirement shall apply.
K. Publicity and Advertising
Neither party shall publish or use any advertising, sales promotions
or other publicity materials that use the other party's logo,
trademarks or service marks without the prior written approval of the
other party.
L. Executed in Counterparts
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.
M. Headings of No Force or Effect
The headings of Articles and Sections of this Agreement are for
convenience of reference only, and shall in no way define, modify or
restrict the meaning or interpretation of the terms or provisions of
this Agreement.
N. Entire Agreement
This Agreement constitutes the entire agreement between the Parties
and supersedes all prior oral or written agreements, representations,
statements, negotiations, understandings, proposals and undertakings
with respect to the subject matter hereof.
O. Joint Work Product
This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and their respective counsel and shall be
fairly interpreted in accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either Party.
P. Disclaimer of Agency
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.
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Q. Survival
The Parties' obligations under this Agreement which by their nature
are intended to continue beyond the termination or expiration of this
Agreement shall survive the termination or expiration of this
Agreement.
R. Effective Date
This Agreement shall become effective pursuant to Sections 251 and 252
of the Act.
S. Amendment of Agreement
Focal and USWC may mutually agree to amend this Agreement in writing.
Since it is possible that amendments to this Agreement may be needed
to fully satisfy the purposes and objectives of this Agreement, the
Parties agree to work cooperatively, promptly and in good faith to
negotiate and implement any such additions, changes and corrections to
this Agreement.
T. Indemnity
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, costs and attorneys' fees, whether suffered, made,
instituted, or asserted by any other party or person, for
invasion of privacy, personal injury to or death of any person or
persons, or for loss, damage to, or destruction of property,
whether or not owned by others, resulting from the indemnifying
Party's performance, breach of Applicable Law, or status of its
employees, agents and subcontractors; or for failure to perform
under this Agreement, regardless of the form of action.
2. The indemnification provided herein shall be conditioned upon:
a. 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.
b. The indemnifying Party shall have sole authority to defend
any such action, including the selection of legal counsel,
and the
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indemnified Party may engage separate legal counsel only at
its sole cost and expense.
c. 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.
U. Limitation of Liability
1. Except as otherwise provided in the indemnity section, no Party
shall be liable to the other Party for any Loss, defect or
equipment failure caused by the conduct of the other Party, the
other Party's agents, servants, contractors or others acting in
aid or concert with the other Party.
2. Except for Losses alleged or made by a Customer of either Party,
in the case of any Loss arising from the negligence or willful
misconduct of both Parties, each Party shall bear, and its
obligations under this Section shall be limited to, that portion
(as mutually agreed to by the Parties) of the resulting expense
caused by its (including that of its agents, servants,
contractors or others acting in aid or concert with it)
negligence or willful misconduct.
3. Except for indemnity obligations, each Party's liability to the
other Party for any Loss relating to or arising out of any
negligent act or omission in its performance of this Agreement,
whether in contract or in tort, shall be limited to the total
amount that is or would have been charged to the other Party by
such negligent or breaching Party for the service(s) or
function(s) not performed or improperly performed.
4. In no event shall either Party have any liability whatsoever to
the other Party for any indirect, special, consequential,
incidental or punitive damages, including but not limited to loss
of anticipated profits or revenue or other economic loss in
connection with or arising from anything said, omitted or done
hereunder (collectively, "Consequential Damages"), even if the
other Party has been advised of the possibility of such damages;
provided, that the foregoing shall not limit a Party's obligation
to indemnify, defend and hold the other Party harmless against
any amounts payable to a third party, including any losses,
costs, fines, penalties, criminal or civil judgments or
settlements, expenses (including attorneys' fees) and
Consequential Damages of such third party. Nothing contained in
this section shall limit either Party's liability to the other
for (I) willful or intentional misconduct (including gross
negligence); (ii) bodily injury, death or damage to tangible real
or tangible personal property proximately caused by such party's
negligent act or omission or that of their respective agents,
subcontractors or employees nor shall anything contained in this
section limit the Parties' indemnification obligations, as
specified below.
Page 72
V. Terms of Agreement
This Agreement shall be effective upon Commission Approval and shall
remain in effect through July 7, 1999, and thereafter the Agreement
shall continue in force and effect unless and until a new agreement,
addressing all of the terms of this Agreement, becomes effective
between the Parties. The Parties agree to commence negotiations on a
new agreement no later than two years after this Agreement becomes
effective.
W. Controlling Law
This Agreement was negotiated by the Parties in accordance with the
terms of the Act and the laws of the state where service is provided
hereunder. It shall be interpreted solely in accordance with the terms
of the Act and the applicable state law in the state where the service
is provided.
X. Cancellation Charges
Except as provided pursuant to a Network Element Network
Interconnection and Unbundled Element Request, or as otherwise
provided in any applicable tariff or contract referenced herein, no
cancellation charges shall apply.
Y. Regulatory Approval
The Parties understand and agree that this Agreement will be filed
with the Commission and may thereafter be filed with the FCC. In the
event the Commission rejects any portion of this Agreement, the
parties agree to meet and negotiate in good faith to arrive at a
mutually acceptable modification to the rejected portion.
Z. Compliance
Each party shall comply with all applicable federal, state, and local
laws, rules and regulations applicable to its performance under this
Agreement.
AA. Compliance with the Communications Law Enforcement Act of 1994
("CALEA")
Each Party represents and warrants that any equipment, facilities or
services provided to the other Party under this Agreement comply with
CALEA. Each party shall indemnify and hold the other Party harmless
from any and all penalties imposed upon the other Party for such
noncompliance and shall at the non-compliant Party's sole cost and
expense, modify or replace any equipment, facilities or services
provided to the other Party under this Agreement to ensure that such
equipment, facilities and services fully comply with CALEA.
Page 73
BB. Independent Contractor
Each party shall perform services hereunder as an independent
contractor and nothing herein shall be construed as creating any other
relationship between the Parties. Each party and each Party's
contractor shall be solely responsible for the withholding or payment
of all applicable federal, state and local income taxes, social
security taxes and other payroll taxes with respect to their
employees, as well as any taxes, contributions or other obligations
imposed by applicable state unemployment or workers' compensation
acts. Each party has sole authority and responsibility to hire, fire
and otherwise control its employees.
CC. Force Majeure
Neither party shall be liable for any delay or failure in performance
of any part of this Agreement from any cause beyond its control and
without its fault or negligence including, without limitation, acts of
nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, work stoppages,
equipment failure, power blackouts, volcanic action, other major
environmental disturbances, unusually sever weather conditions,
inability to secure products or services of other persons or
transportation facilities or acts or omissions of transportation
carriers (collectively, a "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.
DD. Dispute Resolution
The Parties agree, in good faith, to attempt to resolve any claim,
controversy or dispute between the Parties, their agents, employees,
officers, directors or affiliated agents ("Dispute") through
negotiation or non-binding arbitration. This paragraph shall not be
construed to waive the Parties' rights to seek legal or regulatory
intervention as provided by state or federal law.
EE. Commission Decision
This Agreement shall at all times be subject to such review by the
Commission or FCC as permitted by the Act. If any such review renders
the Agreement inoperable or creates any ambiguity or requirement for
further amendment to the Agreement, the Parties will negotiate in good
faith to agree upon any necessary amendments to the Agreement.
FF. Nondisclosure
1. All information, including but not limited to specifications,
microfilm, photocopies, magnetic disks, magnetic tapes, drawings,
sketches, models, samples, tools, technical information, data,
employee records, maps, financial reports, and market data, (i)
furnished by one Party to the other Party dealing with customer
specific, facility specific, or usage
Page 74
specific information, other than customer information
communicated for the purpose of publication of directory database
inclusion, or (ii) in written, graphic, electromagnetic, or other
tangible form and marked at the time of delivery as
"Confidential" or "Proprietary", or (iii) communicated orally 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
oral communication may request written confirmation that the
Party receiving the information understands that the material is
Proprietary Information.
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.
3. Each Party shall keep all of the other Party's Proprietary
Information confidential and shall use the other Party's
Proprietary Information only in connection with this Agreement.
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.
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
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f. is approved for release by written authorization of the
disclosing Party; or
g. is required to be made public 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. 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 date of
this Agreement.
GG. Notices
Any notices required by or concerning this Agreement shall be sent to
the Parties at the addresses shown below:
USWC
Director Interconnection Services
1801 California, Room 2340
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Focal Communications Corporation of Washington
Director, Regulatory Affairs (fax ▇▇▇-▇▇▇-▇▇▇▇)
▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Each Party shall inform the other of any changes in the above
addresses.
HH. Assignment
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
provided that each Party may assign this Agreement to a corporate
affiliate or an entity under its common control or an entity acquiring
all or substantially all of its assets or equity by providing prior
written notice to the other Party of such assignment or transfer. 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.
II. Warranties
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES
AGREE THAT NEITHER PARTY HAS MADE, AND THAT THERE
Page 76
DOES NOT EXIST, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
JJ. Default
If either Party defaults in the payment of any amount due hereunder,
or if either Party violates any other provision of this Agreement, and
such default or violation shall continue for thirty (30) days after
written notice thereof, the other Party may seek legal and/or
regulatory relief. 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.
KK. No Third Party Beneficiaries
Except as may be specifically set forth in this Agreement, this
Agreement does not provide and shall not be construed to provide third
parties with any remedy, claim, liability, reimbursement, cause of
action, or other privilege.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized representatives.
Focal Communications U S WEST Communications, Inc.
Corporation of Washington
▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ (on file) ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (on file)**
---------------------------------- ----------------------------------
Signature Signature
▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------------------- ----------------------------------
Name Printed/Typed Name Printed/Typed
Executive Director Interconnect
EVP & C.O.O Neg.
---------------------------------- ----------------------------------
Title Title
1/18/99 1/21/99
---------------------------------- ----------------------------------
Date Date
* This Agreement is made pursuant to Section 252 (i) of the Act and is
premised upon the Interconnection Agreement between Electric Lightwave, Inc. and
U S WEST Communications, Inc. (the "Underlying Agreement"). The Underlying
Agreement was approved by the Commission on April 23, 1997.
Page 77
With respect to this agreement, the Parties understand and agree:
i) The Parties shall request the Commission to expedite its review and approval
of this Agreement.
ii) Notwithstanding the mutual commitments set forth herein, the Parties are
entering into this Agreement without prejudice to any positions they have taken
previously, or may take in the future, in any legislative, regulatory, or other
public forum addressing any matters, including those relating to the types of
arrangements contained in this Agreement. During the proceeding in which the
Commission is to review and approve the Agreement, U S WEST may point out that
it has objected, and continues to object, to the inclusion of the terms and
conditions to which it objected in the proceedings involving the approval of the
Underlying Agreement.
iii) This Agreement contains provisions based upon the decisions and orders of
the FCC and the Commission under and with respect to the Act. Currently, court
and regulatory proceedings affecting the subject matter of this Agreement are in
various stages, including the proceedings where certain of the rules and
regulations of the FCC are being challenged (see Iowa Utilities Board v. Federal
Communications Commission. 120 F.3d 753 (8th Cir. 1997), et sec.) and the
proceedings where the Commission's decision(s) giving rise to the Underlying
Agreement are under and subject to appeal and review (the "Proceedings"). The
Agreement has not been corrected to reflect the requirements, claims or outcomes
of any of the Proceedings, although the pricing does reflect the Commission's
most current generic order, if any. Accordingly, when a final, decision or
decisions are made in the Proceedings that automatically change and modify the
Underlying Agreement, then like changes and modifications will similarly be made
to this Agreement.
iv) Subsequent to the execution of this Agreement, the FCC or the Commission may
issue decisions or orders that change or modify the rules and regulations
governing implementing of the Act. If such changes or modifications alter the
state of the law upon which the Underlying Agreement was negotiated and agreed,
and it reasonably appears that the parties to the Underlying Agreement would
have negotiated and agreed to different term(s) condition(s) or covenant(s) than
as contained in the Underlying Agreement had such change or modification been in
existence before execution of the Underlying Agreement, then this Agreement
shall be amended to reflect such different terms(s), condition(s), or
covenant(s). Where the parties fail to agree upon such an amendment, it shall be
resolved in accordance with the Dispute Resolution provision of this Agreement.
** Signature does not indicate agreement with all aspects of the arbitrator's
decision, nor does it waive any of U S WEST's rights to seek judicial
review of all or part of the agreement, or to reform the agreement as the
result of successful judicial review.
Page 78
APPENDIX A - RATES AND CHARGES
Washington
INTERCONNECTION - LOCAL EXCHANGE
Local Call Termination Agreed Price
End Office - Per Minute of Use $0.003141
Tandem Switch - Per Minute of Use $0.005416
(Note 1)
(includes End Office Call Termination and Tandem Transport)
Note 1: The above local tandem call termination rate includes tandem
transmission based on an assumed transport mileage of 10 miles.
Should the average tandem transmission mileage experienced by the Parties exceed
10 miles, the Parties agree to adjust the tandem call termination rate based on
the tandem transmission rates set forth below.
Agreed Price Agreed Price
Entrance Facility Recurring Nonrecurring
DS1, Electrical $99.78 $583.92
DS3, Electrical $404.24 $668.95
Direct Trunked Transport Agreed Price Agreed Price
Fixed Per Mile
DS1 - 0 Miles None None
DS1 - Over 0 to 8 $41.72 $0.67
DS1 - Over 8 to 25 $41.72 $0.84
DS 1 - Over 25 to 50 $41.73 $2.97
DS1 - Over 50 $41.73 $3.49
DS3 - 0 miles None None
DS3 - Over 0 to 8 $283.30 $13.83
DS3 - Over 8 to 25 $284.17 $15.03
DS3 - Over 25 to 50 $291.31 $39.19
DS3 - Over 50 $293.91 $44.74
Agreed Price Agreed Price
Multiplexing, per arrangement Recurring Nonrecurring
DS3 to DS1 $218.58 $418.45
Local Transit Traffic Rate Agreed Price
Tandem Switching, per MOU $0.001794
Agreed Price Agreed Price
Tandem Transmission Fixed Per ▇▇▇▇
▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇
Over 0 to 8 miles $0.000411 $0.000009
Over 8 to 25 miles $0.000411 $0.000007
Over 25 to 50 $0.000408 $0.000008
Over 50 $0.000409 $0.000015
Page 79
INTERCONNECTION 0xf0 EXCHANGE ACCESS Agreed Price
Call Termination, Transport, and Transit Per Switched Access Tariff
COMMON CHANNEL SIGNALLING ACCESS SERVICE
Agreed Price Agreed Price
Entrance Facility Recurring Nonrecurring
DS1 $99.78 $563.92
DS3 $404.24 $668.95
Agreed Price Agreed Price
Direct Link Transport Fixed Per ▇▇▇▇
▇▇▇ - ▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇
▇▇▇ - Over 0 to 8 miles $ 20.89 $0.13
DSO - Over 8 to 25 miles $ 20.88 $0.10
DSO - Over 25 to 50 $ 20.88 $0.10
DSO - Over 50 $ 20.89 $0.17
DS1 - 0 Mile None None
DS1 - Over 0 to 8 miles $41.72 $0.67
DS1 - Over 8 to 25 miles $41.72 $0.84
DS1 - Over 25 to 50 $41.73 $2.97
DS1 - Over 50 $41.73 $3.49
Agreed Price Agreed Price
Direct Link Transport Fixed Per Mile
DS3 - 0 Mile None None
DS3 - Over 0 to 8 miles $283.30 $13.83
DS3 - Over 8 to 25 miles $284.17 $15.03
DS3 - Over 25 to 50 $291.31 $39.19
DS3 - Over 50 $293.91 $44.74
Agreed Price Agreed Price
Recurring Nonrecurring
CCS Link - First Link None $504.68
CCS Link - Each additional Link None $72.42
STP Port - Per Port $208.57 None
Agreed Price Agreed Price
Recurring Nonrecurring
Multiplexing
DS1 to DS0 $221.08 None
DS3 to DS1 $218.58 None
Page 80
PHYSICAL AND VIRTUAL COLLOCATION
Arbitrated Price
Common Elements Recurring Nonrecurring
Quote Preparation Fee None $2437.30
Entrance Facility - Per cable (Note 3) $2.07 $1307.45
2-wire DSO EICT $1.41 $339.61 (Note 4)
4-wire DSO EICT $1.79 $339.61 (Note 4)
DSI EICT $9.12 $405.02
DS3 EICT $31.93 $433.23
DSI EICT - regeneration (Note 5) $14.38
DS3 EICT - regeneration (Note 5) $94.24
Cable Splicing Agreed Price Agreed Price
Recurring Nonrecurring
Per set up None $103.59
Per fiber Spliced None $12.95
48 Volt Power, per ampere per month $13.45 None
48 Volt Power Cable
20 Ampere Capacity - recurring $0.15 $68.37
40 Ampere Capacity - recurring $0.20 $92.71
60 Ampere Capacity - recurring $0.22 $104.42
Equipment Bay, per shelf $8.58 None
Agreed Price Agreed Price
Regular Hours After Hours
Inspector per 1/2 Hour $28.62 $37.02
Training per 1/2 hour $25.36 None
Engineering per 1/2 hour $24.73 $33.09
Installation per 1/2 hour $28.62 $37.20
Maintenance per 1/2 hour $25.36 $33.73
Agreed Price Agreed Price
Recurring Nonrecurring
PHYSICAL COLLOCATION (Note 6)
Cage/Hard Wall Enclosure ICB ICB
Rent (w/Maintenance) per square foot -Zone 1 $2.75 None
Rent (w/Maintenance) per square foot -Zone 2 $2.26 None
Rent (w/Maintenance) per square foot -Zone 3 $2.06 None
Note 3: Pricing is pursuant to Arbitrator's Decision in Docket UT-960323.
Note 4: same as note 3 above, and, DS0 EICT NRC does not apply to unbundled
loops where a separate unbundled loop NRC applies.
Page 81
Note 5: If required. No NRC to regeneration ordered concurrently with an
associated EICT element.
Note 6: Zones per NECA-4 Tariff
ANCILLARY SERVICES
Agreed Price
Directory Assistance
Price per Call -- Facilities-Based Providers $0.34
Listings
Primary Listings, Directory Assistance,
White Pages No charge
E911
LEC and Focal recover costs from PSAP No charge
Agreed Cost
Recurring
Interim Number Portability
Without Transport
Per Number Ported - First Path $4.25
Per Number Ported - Additional Path $3.02
With Transport
Per Number Ported - First Path $8.73
Per Number Ported - Additional Path $7.50
Agreed Cost
Nonrecurring
Additional charges
Service Establishment, per switch, per
Route $43.80
Service Establishment - additional number
ported or changes to existing numbers,
per number ported $9.49
Additional and Consecutive Numbers --
additional number ported on same
account name and consecutive numbers,
per number ported $7.05
Agreed Price
Assignment of Numbers
Assignments per industry guidelines No charges
Busy Line Verification
Per Call $0.72
Busy Line Interrupt
Per Call $0.87
Page 82
Arbitrated Price
Recurring Nonrecurring
Unbundled Loops (Note 7)
State-wide per loop $13.37
Without testing, first loop per service order $96.30
With Basic Testing, first loop per service order $153.86
With Basic Testing at Designated Time, first loop per $206.02
service order
Without testing, additional loop per service order $20.00
With Basic Testing, additional loop per service order $30.00
With Basic Testing at Designated Time, additional loop $30.00
per service order
Note 7: Price of unbundled Loops and additional Loops is ordered pursuant to
Arbitrators Decision in Docket UT-960323
Page 83
APPENDIX A
COMMISSION IMPOSED RESALE
WHOLESALE RATES
WASHINGTON
U S WEST need not make the following services available for Resale:
Enhanced services including Voice Mail
U S WEST shall make the following services available for Resale:
All telecommunications services.
U S WEST shall make all services, except Switched Access, Special Access, and
Residence Exchange services, available for Resale at a 21% discount rate, as
ordered by the Commission (i.e. Wholesale price is 79% of Retail price, where
Retail is the offered tariff price). Where USWC offers services under a volume
discount, Focal may purchase such services at the volume discount rate or the
21% Resale discount rate, whichever provides a greater discount.
Page 84
APPENDIX A
RESALE
NONRECURRING CHARGES
WASHINGTON
Description Arbitrated Price
Customer Transfer Charge
Business, per end user $56.60
Residence, per end user $54.13
ISDN, per end user $57.15
Page ▇▇
▇▇▇▇▇▇▇▇ ▇ - ENGINEERING REQUIREMENTS
TRUNK FORECAST FORMS
INTERCONNECTION CHECKLIST
MEET POINT
DATE OF MEETING:
Interconnector Information
Name
------------------------------------------------------------------------------
Address
------------------------------------------------------------------------------
City, State, Zip:
------------------------------------------------------------------------------
Technical Contact Person:
------------------------------------------------------------------------------
Technical Contact Person Telephone #:
------------------------------------------------------------------------------
USWC Negotiator:
------------------------------------------------------------------------------
USWC Negotiator Telephone #:
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Desired U S WEST Central office
------------------------------------------------------------------------------
CLLI
------------------------------------------------------------------------------
Central office address:
------------------------------------------------------------------------------
City, State:
------------------------------------------------------------------------------
Meet Point Address:
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Equipment
------------------------------------------------------------------------------
Manufacture/ model # Quantity
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Cable Makeup
------------------------------------------------------------------------------
Number of cables:
------------------------------------------------------------------------------
Number of fibers per cable:
------------------------------------------------------------------------------
Distance from USWC to Meet Point
------------------------------------------------------------------------------
Distance from Focal to Meet Point
------------------------------------------------------------------------------
Service Requirements
Year 1 Year 2 Year 3
------------------------------------------------------------------------------
DS3
------------------------------------------------------------------------------
DS1
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Remarks:
Please attach a sketch of the requested meet point arrangement:
Page ▇▇
▇▇▇▇▇▇▇▇ ▇ - PAGE 2
INTERCONNECTION CHECKLIST
ADDITIONAL TRUNKING
Interconnector Information
Name:
------------------------------------------------------------------------------
Address:
------------------------------------------------------------------------------
City, State, Zip:
------------------------------------------------------------------------------
Technical Contact Person:
------------------------------------------------------------------------------
Technical Contact Person Telephone #:
------------------------------------------------------------------------------
USWC Negotiator:
------------------------------------------------------------------------------
USWC Negotiator Telephone #:
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Desired Central office (TANDEM)
------------------------------------------------------------------------------
CLLI:
------------------------------------------------------------------------------
Central office address:
------------------------------------------------------------------------------
City, State:
------------------------------------------------------------------------------
Meet Point Address:
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Service Requirements
Year 1 Year 2 Year 3
------------------------------------------------------------------------------
USWC End Office:
------------------------------------------------------------------------------
- Terminating CCS (peak busy hr)
------------------------------------------------------------------------------
- Number Portability:
------------------------------------------------------------------------------
Arrangements
------------------------------------------------------------------------------
Call paths per # ported
------------------------------------------------------------------------------
USWC End Office:
------------------------------------------------------------------------------
- Terminating COS (peak busy hr)
------------------------------------------------------------------------------
- Number Portability:
------------------------------------------------------------------------------
Arrangements
------------------------------------------------------------------------------
Call paths per # ported
------------------------------------------------------------------------------
USWC End Office:
------------------------------------------------------------------------------
- Terminating CCS (peak busy hr)
------------------------------------------------------------------------------
- Number Portability:
------------------------------------------------------------------------------
Arrangements
------------------------------------------------------------------------------
Call paths per # ported
------------------------------------------------------------------------------
USWC End Office:
------------------------------------------------------------------------------
- Terminating CCS (peak busy hr)
------------------------------------------------------------------------------
- Number Portability:
------------------------------------------------------------------------------
Arrangements
------------------------------------------------------------------------------
Call paths per # ported
------------------------------------------------------------------------------
Remarks:
Please attach a sketch of the agreed upon meet point arrangement
Page 87
APPENDIX C - PHYSICAL COLLOCATION AGREEMENT
BETWEEN
US WEST COMMUNICATIONS
AND
FOCAL COMMUNICATIONS CORPORATION OF WASHINGTON
TABLE OF ARTICLES
ARTICLE I - PREMISES -1-
ARTICLE II - EFFECTIVENESS AND REGULATORY APPROVAL -2-
ARTICLE Ill - TERM -4-
ARTICLE IV - PREMISES CHARGES -4-
ARTICLE V - INTERCONNECTION CHARGES -8-
ARTICLE VI - DEMARCATION POINT -8-
ARTICLE VII - USE OF PREMISES -8-
ARTICLE VIII - STANDARDS -10-
ARTICLE IX - RESPONSIBILITIES OF THE INTERCONNECTOR AND US WEST -11-
ARTICLE X - QUIET ENJOYMENT -14-
ARTICLE XI - ASSIGNMENT -14-
ARTICLE XII - CASUALTY LOSS -14-
ARTICLE XIII - LIMITATION OF LIABILITY -16-
ARTICLE XIV - SERVICES, UTILITIES, MAINTENANCE AND FACILITIES -17-
ARTICLE XV - DISPUTE RESOLUTION -17-
ARTICLE XVI - SUCCESSORS BOUND -17-
ARTICLE XVII - CONFLICT OF INTEREST -18-
ARTICLE XVIII - NON-EXCLUSIVE REMEDIES -18-
ARTICLE XIX - NOTICES -18-
ARTICLE XX - COMPLIANCE WITH LAWS -19-
ARTICLE XXI - INSURANCE -19-
ARTICLE XXII - US WEST'S RIGHT OF ACCESS -20-
ARTICLE XXIII - OTHER COLLOCATION AGREEMENTS -21-
ARTICLE XXIV - MISCELLANEOUS -21-
Page 2
PHYSICAL COLLOCATION AGREEMENT
THIS PHYSICAL COLLOCATION AGREEMENT ("Agreement") is made this _____day of
_______________19___ by and between U S WEST COMMUNICATIONS, a Colorado
corporation ("USWC"), and FOCAL COMMUNICATIONS CORPORATION OF WASHINGTON, a
Delaware corporation, its successors and assigns ("Interconnector").
WITNESSETH
WHEREAS, USWC is an incumbent local exchange carrier having a statutory
duty to provide for "physical collocation" of "equipment necessary for
interconnection or access to unbundled network elements at its Premises, U.S.C.
251 (c)(6); and
WHEREAS, the Interconnector wishes to physically locate certain of its
equipment within the Premises (as defined herein) and connect with USWC; and
NOW THEREFORE, in consideration of the mutual agreements and covenants
contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, USWC and the Interconnector (the
"parties") agree as follows:
ARTICLE I - PREMISES
1.1 Right to Use. Subject to this Agreement, USWC grants to
Interconnector the right to use the premises described on Exhibit C
("Premises"), attached and incorporated herein, within real property at
__________________________in the City of _______________County of
_________________ State of ______________.
1.2 Relocation. Notwithstanding Section 1.1, in the event that it is
necessary for the Premises to be moved within the structure in which the
Premises is located ("Physical Collocation Site") or to another USWC Physical
Collocation Site, at the Interconnector's option, the Interconnector shall move
its facilities to the new Premises. The Interconnector shall be responsible for
the preparation of the new Premises if such relocation arises from circumstances
beyond the reasonable control of USWC, including condemnation or government
order or regulation that makes the continued occupancy of the Premises or
Physical Collocation Site impossible. Otherwise USWC shall be responsible for
any such preparation and shall bear all costs associated with the relocation.
If the Interconnector requests that the Premises be moved within the
Physical Collocation Site or to another USWC Physical Collocation Site, USWC
shall permit the Interconnector to relocate the Premises, subject to
availability of space and associated requirements. The Interconnector shall be
responsible for all applicable charges associated with the move, including the
reinstallation of its equipment and facilities and the preparation of the new
Premises.
In either such event, the new Premises shall be deemed the "Premises"
hereunder and the new Physical Collocation Site (where applicable) the "Physical
Collocation Site."
Page 3
1.3 The Premises. USWC agrees, at the Interconnector's sole cost and
expense as set forth herein, to prepare the Premises in accordance with working
drawings and specifications entitled ____________________________ and dated
__________________ which documents, marked Exhibit C, are attached and
incorporated herein. The preparation shall be arranged by USWC in compliance
with all applicable codes, ordinances, resolutions, regulations and laws. In
return for the Interconnector's agreement to make the payments required by
Section 2.1 hereof, USWC agrees to pursue diligently the preparation of the
Premises for use by the Interconnector.
ARTICLE II- EFFECTIVENESS AND REGULATORY APPROVAL
2.1 Submission to State Commission. The Agreement is prepared as a
component of the Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996, between USWC and Focal Communications
Corporation of Washington ("Interconnection Agreement"), and the parties intend
to submit the Agreement and other elements of the Interconnection Agreement to
state commissions for approval under the provisions of 47 U.S.C. 0xf5 252. This
Agreement is conditioned upon the approval of this Agreement and the
Interconnection Agreement. After execution of this Agreement, the parties shall
submit it and the applicable Interconnection Agreement to the State commission
in the State in which the Premises is located for approval, and shall defend the
Agreement and support any reasonable effort to have this Agreement so approved,
including the supplying of witnesses and testimony if a hearing is held.
2.2 Failure to Receive Approval. If this Agreement does not receive
such unqualified approval, this Agreement shall be void upon written notice of
either party to the other after such regulatory action becomes final and
unappealable. Thereafter Interconnector may request to begin negotiations again
under 47 U.S.C. 251. Alternatively, the parties may both agree to modify this
Agreement to receive such approval, but neither shall be required to agree to
any modification. Any agreement to modify shall not waive the right of either
party to pursue any appeal of the ruling made by any reviewing regulatory
commission or to seek arbitration of any of the terms of this Agreement or any
of the terms of the Interconnection Agreement.
2.3 Preparation Prior to Regulatory Approval. At the written election
of the Interconnector, USWC shall begin preparing the Premises for the
Interconnector prior to receiving the approval required by Section 2.1 hereof.
Except as specified in the Interconnection Agreement, the evidence of such
election shall be the delivery to USWC of a letter requesting that USWC begin
preparations, payment of 50 percent of the non-recurring charge for preparing
the Premises for use by Focal, and the promise of Focal to pay the balance of
the non-recurring charges as provided in this Agreement. Payment to USWC of the
remaining non-recurring charges due under this Agreement shall be due one month
after the Interconnector's equipment is installed at the Premises,
interconnected with USWC and operational as described in Section 3.2 below. Upon
such an election, this Agreement shall become effective but only insofar as to
be applicable to Premises preparation. If the Agreement does not become fully
effective as contemplated by this Article due in any part to USWC not fulfilling
its obligation under 2.1 preceding, the Interconnector shall be entitled to a
refund of all payments made to USWC for preparation.
Page 91
ARTICLE III - TERM
3.1 Commencement Date. This Agreement shall be a term agreement,
beginning on the "Commencement Date" and ending on a date five years afterwards.
The "Commencement Date" shall be the first day after the Interconnector's
equipment becomes operational as described in Section 3.2. At the end of the
term and unless the parties agree to an extension or a superseding arrangement,
this Agreement shall automatically convert to a month-to-month Agreement.
3.2 Occupancy. Unless there are unusual circumstances, USWC will notify
the Interconnector that the Premises is ready for occupancy within five (5) days
after USWC completes preparations described in Section 2.3 The Interconnector
must place operational telecommunications equipment in the Premises and connect
with USWC's network within one hundred fifty (150) days after receipt of such
notice; provided, however, that such one hundred fifty day period shall not
begin until regulatory approval is obtained under Article II and, further, that
USWC may extend beyond the one hundred fifty days upon a demonstration by the
Interconnector of a best efforts to meet that deadline and circumstances beyond
its reasonable control that prevented the Interconnector from meeting that
deadline. If the Interconnector fails to do so, this Agreement is terminated on
the thirtieth (30 ) day after USWC provides to the Interconnector written notice
of such failure and the Interconnector does not place operational
telecommunications equipment in the Premises and connect with USWC's network by
such thirtieth day. In any such event, the Interconnector shall be liable in an
amount equal to the unpaid balance of the preparation charges due. For purposes
of this Section, the Interconnector's telecommunications equipment is considered
to be operational and interconnected when connected to USWC's network for the
purpose of providing service.
ARTICLE IV - PREMISES CHARGES
4.1 Monthly Charges. Beginning on the Commencement Date, Interconnector
shall pay to USWC monthly fees as specified in Exhibit A.
4.2 Billing. Billing for Monthly Charges shall occur on or about the
25th day of each month, with payment due thirty (30) days from the ▇▇▇▇ date.
USWC may change its billing date practices upon providing ninety (90) days
written notice to the Interconnector. Each USWC ▇▇▇▇ must identify the Premises
location by CLLI and/or address and must separately identify any non-contiguous
Premises within the Physical Collocation Site. Further, USWC must specify
separately for each Premises CLLI and/or address and for any non-contiguous
Premises each rate element individually along with the quantity purchased by the
Interconnector at that (those) Premises and the individual rate charged for each
element along with the dates for which such charges apply. USWC shall promptly
adjust Interconnector's account in each instance of misbilling identified and
demonstrated by the Interconnector.
4.3 Nonrecurring Charges.
(a) The one-time charge for preparing the Premises for use by
the Interconnector as well as all other one-time charges
associated with the Interconnector's request shall be
exactly as stated in Exhibit B.
Page 5
(b) USWC will contract for and perform the procurement,
construction and preparation activities underlying the
Monthly Fees and Nonrecurring Charges, using the same or
consistent practices that are used by USWC for other
construction and preparation work performed in the Physical
Collocation Site and shall make every possible effort to
obtain all necessary approvals and permits, where
applicable, promptly. USWC will obtain more than one trade
subcontractor submission to the extent available when the
initial trade subcontractor bid, proposal or quotation
associated with an ICB pursuant to Exhibit B exceeds
ten-thousand dollars ($10,000.00). It is understood and
agreed that any such request for additional subcontractor
submissions will likely add to the time necessary to provide
physical collocation and, for that reason, Interconnector
reserves the right to authorize USWC to forgo such
additional bids but will only do so in writing. USWC will
permit the Interconnector to inspect all supporting
documents for the Monthly Fees and Nonrecurring Charges. Any
dispute regarding such USWC charges will be subject to the
dispute resolution provisions hereof. Notwithstanding the
above, the Interconnector may directly contract with any
supplier, vendor, subcontractor, or contractor that USWC
approves for such work (including but not limited to the
procurement and installation of cages) and may, at
Interconnector's election, be solely responsible for any and
all payments due to such supplier, vendor, subcontractor or
contractor for such procurement, construction and
preparation activities. Where Interconnector exercises this
right, Interconnector shall pay to USWC only those amounts
associated with labor hours of USWC personnel necessary for
such USWC personnel to observe and approve such work at the
Premises within the Physical Collocation Site.
(c) Nonrecurring Charges associated with the
point-of-termination bay shall be applied to the
Interconnector by USWC only where the Interconnector
requests in writing that USWC supply such
point-of-termination bay. Otherwise, the Interconnector
shall be responsible for purchasing such
point-of-termination bays and for arranging their
installation by a vendor, subcontractor or contractor
approved by USWC to perform such work.
4.4 Preparation. USWC will begin preparation on execution of this
Agreement and upon receipt of written notice from Interconnector as described in
Section 2.3.
4.5 Pre-Preparation Access. USWC shall permit the Interconnector to
have access to the Premises for the purpose of inspection once physical
collocation site preparation activities have begun. Interconnector agrees to
limit the number of such inspections to three per Premises except where such
inspection exposes a non-conformance with the Interconnector's requirements as
stated in its initial request or this Agreement.
4.6 Breach Prior to Commencement Date. If the Interconnector materially
breaches this Agreement by purporting to terminate this Agreement after USWC has
begun preparation of the Premises then, in addition to any other remedies that
USWC might have, the Interconnector shall be liable in the amount equal to the
non-recoverable costs less estimated net salvage. Non-recoverable costs include
the non-recoverable cost of equipment and material ordered, provided or used;
subcontractor charges paid by USWC for work performed
Page 6
on behalf of Interconnector; the non-recoverable cost of installation and
removal, including the costs of equipment and material ordered, provided and
used; labor for work done on behalf of Interconnector for preparation;
transportation and any other associated costs. USWC shall provide Interconnector
with a detailed invoice showing the costs it incurred associated with
preparation. Further, at the Interconnector's election, USWC shall provide to
the Interconnector all materials that it determined to be unsalvageable. Should
the costs incurred by USWC be used for the provision of a collocation
arrangement for a third party, such costs shall be refunded to the
Interconnector.
4.7 Space Preparation Fee True-Up. For all work performed by USWC and
by vendors, subcontractors and contractors hired by USWC in order to prepare the
Premises pursuant to the Interconnector's written request and pursuant to 4.3
preceding, USWC shall within ninety (90) days of the completion of the Premises
preparation work perform a true-up of all USWC, vendor, subcontractor and
contractor ▇▇▇▇ amounts associated with any ICB pricing performed pursuant to
Exhibit B. If the resulting total cost is less than that paid by the
Interconnector, then USWC shall within thirty (30) days refund to the
Interconnector the difference between the actual cost and the payment that the
Interconnector had previously submitted to USWC. Alternatively, if the total
cost exceeds that previously paid by the Interconnector, then the Interconnector
shall submit payment to USWC for the difference within thirty (30) days for its
receipt of the ▇▇▇▇ for such an amount. Nothing in either case releases USWC
from its obligation to make best-faith efforts to achieve the lowest-available
cost for the preparation work that it proves is necessary or releases USWC from
its obligation to allow the Interconnector to inspect such documents pursuant to
4.3 preceding.
ARTICLE V - INTERCONNECTION CHARGES
Charges for interconnection and collocation shall be set forth in
Exhibits A and B.
ARTICLE VI - DEMARCATION POINT
6.1 Cable Entrances. The Interconnector shall use a dielectric fiber
optic cable as a transmission medium to the Premises, or other transmission
media as it determines is necessary in order to provide services for which it
has legal and regulatory authority. The Interconnector shall be permitted at
least two (2) cable entrance routes into the Premises whenever two entrance
routes are used by USWC at that Physical Collocation Site.
6.2 Demarcation Point. USWC and the Interconnector shall designate the
point(s) of interconnection within the Physical Collocation Site as the point(s)
of physical demarcation between the Interconnector's network and USWC's network,
with each being responsible for maintenance and other ownership obligations and
responsibilities on its side of that demarcation point. USWC and the
Interconnector anticipate that the demarcation point will be within the
point-of-termination bay which the Interconnector may elect to provide and
install pursuant to 4.3 preceding. Where no point of termination bay is elected
by the Interconnector, the point(s) of interconnection shall be specified in
Exhibit D.
Page 7
ARTICLE VII - USE OF PREMISES
7.1 Nature of Use. The Premises are to be used by the Interconnector
for purposes of locating equipment and facilities within USWC's Physical
Collocation Sites to connect with USWC services or facilities and other
Interconnectors. USWC shall permit Interconnector to place, maintain and operate
on Premises any equipment, pursuant to the FCC's regulations on the types of
equipment required to be collocated. Consistent with the nature of the Premises
and the environment of the Premises, the Interconnector shall not use the
Premises for office, retail, or sales purposes. No signs or marking of any kind
by the Interconnector shall be permitted on the Premises or on the grounds
surrounding the Premises.
7.2 Administrative Uses. The Interconnector may use the Premises for
placement of equipment and facilities only. The Interconnector's employees,
agents and contractors shall be permitted access to the Premises at all
reasonable times, provided that the Interconnector's employees, agent and
contractors comply with USWC's policies and practices pertaining to fire, safety
and security. The Interconnector agrees to comply promptly with all laws,
ordinances and regulations affecting the use of the Premises. Upon the
expiration of the Agreement, the Interconnector shall surrender the Premises to
USWC in the same condition as when first occupied by the Interconnector except
for ordinary wear and tear.
7.3 Threat to Network or Facilities. Interconnector equipment or
operating practices representing a significant demonstrable technical threat to
USWC's network or facilities, including the Premises, are strictly prohibited.
7.4 Interference or Impairment. Notwithstanding any other provision
hereof, the characteristics and methods of operation of any equipment or
facilities placed in the Premises shall not interfere with or impair service
over any facilities of USWC or the facilities of any other person or entity
located in the Physical Collocation Site; create hazards for or cause damage to
those facilities, the Premises, or the Physical Collocation Site; impair the
privacy of any communications carried in, from, or through the Physical
Collocation Site; or create hazards or cause physical harm to any individual or
the public. Any of the foregoing events would be a material breach of this
Agreement if, after USWC's submission to Interconnector of written notice of
such interference or impairment, Interconnector did not promptly work to
eliminate the interference or impairment.
7.5 Interconnection to Others. The Interconnector may directly connect
to other Interconnectors' facilities within the Physical Collocation Site. USWC
agrees to provide to Interconnector, upon its receipt of the Interconnector's
written request, any facilities necessary for such interconnection wherever such
facilities exist or can be made available and USWC shall provide any such
facilities pursuant to 4.3 preceding and Exhibits A and B. Further, USWC agrees
to provide to the Interconnector, upon its receipt of the Interconnector's
written request, unbundled network transmission elements at rates specified in
Exhibits A and B, and USWC will facilitate interconnection of the
Interconnector's collocation equipment to other services offered in USWC's
tariffs or other Agreements (e.g., Synchronous Service Transport service). For
the purposes of Interconnection to Others, where the other Interconnector's
Interconnection Agreement differs from this Agreement, the less restrictive
terms and conditions relating to such direct interconnection and the lower
charges identified in the two Agreements for such direct interconnection shall
apply to both Interconnectors for all
Page 8
Interconnection between those two Interconnectors. Interconnector agrees to
continue to pay to USWC all applicable Monthly Charges for space, power and for
all other interconnection circuits at the Premises.
7.6 Personality and its Removal. Subject to the Article, the
Interconnector may place or install in or on the Premises such fixtures and
equipment as it shall deem desirable for the conduct of business. Personal
property, fixtures and equipment placed by the Interconnector in the Premises
shall not become a part of the Premises, even if nailed, screwed or otherwise
fastened to the Premises, but shall retain their status as personality and may
be removed by Interconnector at any time. Any damage caused to the Premises by
the removal of such property shall be promptly repaired by Interconnector at its
expense.
7.7 Alterations In no case shall the Interconnector or any person
purporting to be acting through on or behalf of the Interconnector make any
rearrangement, modification, improvement, addition, repair, or other alteration
to the Premises or the Physical Collocation Site without the advance written
permission and direction of USWC. USWC shall make best efforts to honor any
reasonable request for a modification, improvement, addition, repair, or other
alteration proposed by the Interconnector, provided that USWC shall have the
right to, for reasons that it specifies in writing, reject or modify any such
request except as required by state or federal regulators. The cost of any such
specialized alterations shall be paid by Interconnector in accordance with the
terms and conditions identified in Article IV herein.
ARTICLE VIII - STANDARDS
8 Minimum Standards. This Agreement and the physical collocation
provided hereunder is made available subject to and in accordance with the (i)
Bellcore Network Equipment Premises System (NEBS) Generic Requirements
(GR-63-CORE and GR-1089-CORE), as may be amended at any time and from time to
time, and any successor documents, except to the extent that USWC deviates from
any such requirements for its equipment and the facilities and services that it
uses and provides or to the extent that USWC allows other Interconnectors to
deviate from any such requirements; and, (ii) any statutory and/or regulatory
requirements in effect at the execution of this Agreement or that subsequently
become effective and then when effective. The Interconnector shall strictly
observe and abide by each. USWC shall publish and provide to the Interconnector
its Reference Handbook for Collocation to provide Interconnector with guidelines
and USWC's standard operating practices for collocation. USWC agrees that the
material terms and conditions of collocation are not contained in such a
technical publication, nor can USWC change the terms and conditions of this
Agreement by changing that technical publication; however, any revision made to
address situations potentially harmful to USWC's network or the Premises or
Physical Collocation Site, or to comply with statutory and/or regulatory
requirements shall become effective immediately and the Interconnector agrees to
take steps to comply with such revisions immediately upon its receipt of USWC's
written notification of the change.
ARTICLE IX - RESPONSIBILITIES OF THE INTERCONNECTOR AND USWC
9.1 Contact Number. The Interconnector and USWC are responsible for
providing to each other personnel contact numbers for their respective technical
personnel who are readily accessible 24 hours a day, 7 days a week, 365 days a
year.
Page 9
9.2 Trouble Status Reports. The Interconnector is responsible for
promptly providing trouble report status when requested by USWC. Likewise, USWC
is responsible for promptly providing trouble report status when requested by
Interconnector.
9.3 Cable Extension. The Interconnector is responsible for bringing its
cable to entrance manhole(s) or other appropriate sites designated by USWC
(e.g., utility poles or controlled environmental vaults), and for leaving
sufficient cable length in order for USWC to fully extend the
Interconnector-provided cable to the Premises. In the alternative, at the
Interconnector's option, USWC shall provide interconnection facilities, i.e.,
unbundled network transmission elements, from an Interconnector-designated
location (e.g., the Interconnector's Node) to the Premises within the Physical
Collocation Site. Nothing in this paragraph shall preclude the Interconnector
from obtaining unbundled network transmission elements from USWC at any Premises
within a Physical Collocation Site for primary or redundant interconnection.
9.4 Regeneration. Regeneration on intra-building connections will be
provided by USWC, when requested. The price for regeneration shall be pursuant
to Exhibit B.
9.5 Removal. The Interconnector is responsible for removing any
equipment, property or other items that it brings into the Premises or any other
part of the Physical Collocation Site. If the Interconnector fails to remove any
equipment, property, or other items from the Premises or Physical Collocation
Site within thirty (30) days after discontinuance of use, USWC may perform the
removal and may charge the Interconnector for any materials used in any such
removal, and the time spent on such removal at the then-applicable hourly rate
for administrative work pursuant to the TA96 factor approach identified on
Exhibit B.
9.6 Interconnector's Equipment and Facilities. The Interconnector is
solely responsible for the design, engineering, testing, performance, and
maintenance of the equipment and facilities used by the Interconnector in the
Premises. The Interconnector will be responsible for servicing, supplying,
repairing, installing and maintaining the following facilities within the
Premises:
(a) its cable(s);
(b) its equipment;
(c) required point of termination cross connects;
(d) point of termination maintenance, including replacement fuses and
circuit breaker restoration, to the extent that such fuses and
circuit breakers are not controlled by USWC and only if and as
required; and
(e) the connection cable and associated equipment which may be
required within the Premises to the point(s) of interconnection.
USWC does not assume any such responsibility unless contracted to
perform such work on behalf of the Interconnector.
9.7 Verbal Notifications Required. The Interconnector is responsible
for immediate verbal notification to USWC of significant outages or operations
problems which could impact or degrade USWC's network, switches, or services,
and for providing an estimated clearing time for restoration. In addition,
written notification must be provided within twenty-four (24) hours. Likewise,
USWC is responsible for providing immediate verbal notification to the
Interconnector
Page 10
of problems with USWC's network or operations which could impact or degrade
Interconnector's network, switches, or services, and provide an estimated
clearing time for restoration. Further, USWC shall provide written notification
to Interconnector within the same twenty-four (24) hour interval. For the
purposes of this paragraph, written notification may be given by electronic mail
so long as the notifying party provide the required verbal notification to the
other.
9.8 Service Coordination. The Interconnector is responsible for
coordinating with USWC to ensure that services are installed in accordance with
the service request. Likewise, USWC is obligated to coordinate with
Interconnector to ensure the services are installed in accordance with the
service request and fulfill the service request in a timely, effective manner.
9.9 Testing. The Interconnector is responsible for testing, to identify
and clear a trouble when the trouble has been isolated to an
Interconnector-provided facility or piece of equipment. If USWC testing is also
required, it will be promptly provided as part of its obligation to provide to
Interconnector network interconnection.
ARTICLE X - QUIET ENJOYMENT
Subject to the other provisions hereof, USWC covenants that it has full
right and authority to permit the use of the Premises by the Interconnector and
that, so long as the Interconnector performs all of its obligations herein, the
Interconnector may peaceably and quietly enjoy the Premises during the term
hereof.
ARTICLE XI - ASSIGNMENT
The Interconnector shall not assign or otherwise transfer this
Agreement, neither in whole nor in part, or permit the use of any part of the
Premises by any other person or entity, without the prior written consent of
USWC. Any purported assignment or transfer made without such consent may be made
void by USWC at its option.
ARTICLE XII - CASUALTY LOSS
12.1 Damage to Premises. If the Premises are damaged by fire or other
casualty, and
(i) the Premises are not rendered untenantable in whole or in part,
USWC shall repair the same at its expense (as hereafter limited)
and the Monthly Charges shall not be abated, or
(ii) the Premises are rendered untenantable in whole or in part and
such damage or destruction can be repaired within ninety (90)
days, USWC has the option to repair the Premises at its expense
(as hereafter limited) and all Monthly Charges shall be
proportionately abated while Interconnector was deprived of the
use and the interconnection. If the Premises cannot be repaired
within ninety (90) days, or USWC opts not to rebuild, then this
Agreement shall (upon notice to the Interconnector within thirty
(30) days following such occurrence) terminate as of the date of
such damage. However, USWC must provide to Interconnector
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comparable substitute interconnection and collocation
arrangements at another mutually-agreeable Physical Collocation
Site without penalty or nonrecurring charges assessed against the
Interconnector.
Any obligation on the part of USWC to repair the Premises shall be limited to
repairing, restoring and rebuilding the Premises as originally prepared for the
Interconnector and shall not include any obligation to repair, restore, rebuild
or replace any alterations or improvements made by the Interconnector or by USWC
on request of the Interconnector; or any fixture or other equipment installed in
the Premises by the Interconnector or by USWC on request of the Interconnector.
12.2 Damage to Premises. In the event that the Premises shall be so
damaged by fire or other casualty that closing, demolition or substantial
alteration or reconstruction thereof shall, in USWC's opinion, be advisable,
then, notwithstanding that the Premises may be unaffected thereby, USWC, at its
option, may terminate this Agreement by giving the Interconnector ten (10) days
prior written notice within thirty (30) days following the date of such
occurrence.
ARTICLE XIII - LIMITATION OF LIABILITY
14.1 Limitation. With respect to any claim or suit for damages arising
in connection with the mistakes, omissions, interruptions, delays or errors, or
defects in transmission occurring in the course of furnishing service hereunder,
the liability of USWC, if any shall be as described in the Interconnection
Agreement in effect between the parties.
Each party shall be indemnified and held harmless by the other against
claims and damages by any third party arising from provision of the other
party's services or equipment except those claims and damages directly
associated with the provision of services to the other party which are governed
by the provisioning party's applicable tariffs. Neither party shall have any
liability whatsoever to the customers of the other party for claims arising from
the provision of the other party's service to its customers, including claims
for interruption of service, quality of service or billing disputes.
The liability of either party for its willful misconduct, if any, is
not limited by this Agreement.
14.2 Third Parties. The Interconnector acknowledges and understands
that USWC may provide space in or access to the Physical Collocation Site to
other persons or entities ("Others"), which may include competitors of the
Interconnector; that such space may be close to the Premises, possibly including
space adjacent to the Premises and/or with access to the outside of the
Premises; and that any in-place optional cage around the Premises is a permeable
boundary that will not prevent the Others from observing or even damaging the
Interconnector's equipment and facilities. In addition to any other applicable
limitation, USWC shall have no liability with respect to any action or omission
by any Other, except in instances involving negligence or willful actions by
USWC or its agents or employees. The Interconnector shall save and hold USWC
harmless from any and all costs, expenses, and claims associated with any such
acts or omission by any Other.
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ARTICLE XIV - SERVICES, UTILITIES, MAINTENANCE AND FACILITIES
16.1 Operating Services. USWC, at its sole cost and expense, shall
maintain for the Physical Collocation Site customary Premises services,
utilities (excluding telephone facilities), including janitor and, where
applicable, elevator services, 24 hours a day, 365 days a year. The
Interconnector shall be permitted to have a single-line business telephone
service for the Premises subject to applicable USWC tariffs.
16.2 Utilities. USWC will provide negative DC and AC power, back-up
power, heat, air conditioning and other environmental support necessary for the
Interconnector's equipment, in the same manner that it provides such support
items for its own equipment within that Premises.
16.3 Maintenance. USWC shall maintain the exterior of the Premises and
grounds, and all entrances, stairways, passageways, and exits used by the
Interconnector to access the Premises.
16.4 Legal Requirements. USWC agrees to make, at its expense, all
changes and additions to the Premises required by laws, ordinances, orders or
regulations of any municipality, county, state or other public authority
including the furnishing of required sanitary facilities and fire protection
facilities.
ARTICLE XV - DISPUTE RESOLUTION
For disputes arising out of this Agreement, the parties agree that they
will follow the procedures as set forth in Section XXXIV of the Interconnection
Agreement executed between the parties.
ARTICLE XVI - SUCCESSORS BOUND
Without limiting Article XI hereof, the conditions and agreements
contained herein shall bind and inure to the benefit of USWC, the Interconnector
and their respective successors and, except as otherwise provided herein,
assigns.
ARTICLE XVII - CONFLICT OF INTEREST
The Interconnector represents that no employee or agent of USWC has
been or will be employed, retained, paid a fee, or otherwise has received or
will receive any personal compensation or consideration from the Interconnector,
or any of the Interconnector's employees or agents in connection with the
arranging or negotiation of this Agreement or associated documents. USWC
represents that no employee or agent of the Interconnector has been or will be
employed, retained, paid a fee, or otherwise has received or will receive any
personal compensation or consideration from USWC, or any of USWC's employees or
agents in connection with the arranging or negotiation of this Agreement or
associated documents.
Page 13
ARTICLE XVIII - NON-EXCLUSIVE REMEDIES
No remedy herein conferred upon is intended to be exclusive of any
other remedy in equity, provided by law, or otherwise, but each shall be in
addition to every other such remedy.
ARTICLE XIX - NOTICES
Except as may be specifically permitted in this Agreement, any notice,
demand, or payment required or desired to be given by on party to the other
shall be in writing and shall be valid and sufficient if dispatched by
registered or certified mail, return receipt requested, postage prepaid, in the
United States mail, or via professional overnight courier, or by facsimile
transmission; provided, however, that notices sent by such registered or
certified mail shall be effective on the third business day after mailing and
those sent by facsimile transmission shall only be effective on the date
transmitted if such notice is also sent by such registered or certified mail no
later than the next business day after transmission, all addressed as follows:
USWC
Director Interconnection Services
1801 California, Room 2340
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Focal Communications Corporation of Washington
Director, Regulatory Affairs (fax ▇▇▇-▇▇▇-▇▇▇▇)
▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Either party hereto may change its address by written notice given to the other
party hereto in the manner set forth above.
ARTICLE XX - COMPLIANCE WITH LAWS
The Interconnector and all persons acting through or on behalf of the
Interconnector shall comply with the provisions of the Fair Labor Standards Act,
the Occupational Safety and Health Act, and all other applicable federal, state,
county, and local laws, ordinances, regulations and codes (including
identification and procurement of required permits, certificates, approvals and
inspections) in its performance hereunder.
ARTICLE XXI - INSURANCE
Interconnector agrees to maintain, at Interconnector's expense during
the entire time that Interconnector and its equipment occupies Premises: (i)
General Liability Insurance in an amount not less than one million dollars
($1,000,000.00) per occurrence for bodily injury or property damage, (ii)
Employer's Liability in an amount not less than five hundred thousand dollars
($500,000.00) per occurrence, (iii) Worker's Compensation in an amount not less
than that prescribed by statutory limits, and (iv) Umbrella/Excess Liability
coverage in an amount of five million dollars ($5,000,000.00) excess of coverage
specified above.
Page 14
Each policy shall be underwritten by an insurance company having a BEST
insurance rating of B+VII or better, and which is authorized to do business in
the jurisdiction in which the Premises is located.
Interconnector shall furnish USWC with certificates of insurance which
evidence the minimum levels of insurance set forth herein and which name USWC as
an additional insured. The Interconnector shall arrange for USWC to receive at
least thirty (30) days advance written notice from the Interconnector's
insurance companies of cancellation and shall notify USWC in writing to achieve
its approval should the Interconnector later elect to self-insure.
ARTICLE XXII - US WEST'S RIGHT OF ACCESS
USWC, its agents, employees, and other USWC-authorized persons shall
have the right to enter the Premises at any reasonable time to examine its
conditions, make repairs required to be made by USWC hereunder, and for any
other purpose determined to be necessary by USWC in complying with the terms of
this Agreement and providing telecommunications services at the Physical
Collocation Site. USWC may access the Premises at any time for purposes of
averting any threat of harm imposed by the Interconnector or its equipment or
facilities upon the operation of USWC equipment, facilities and/or personnel
located outside of the Premises. If routine inspections are required, they shall
be conducted at a mutually agreeable time. USWC agrees to minimize and to limit
any and all instances in which access by its employees, agents or other persons
whom it authorizes takes place and agrees not to allow any party which is
suspected of any previous instance of wrongdoing of any kind or who has been
subject to any form of discipline by USWC at any time in the past to enter
Premises. USWC will, in all instances, provide to Interconnector written
notification of its access to Premises any time that such access occurs without
advance notice to the Interconnector and such written notification shall contain
a brief explanation of the reason for such access as well as the name(s) and
title(s) of such persons and USWC shall provide to Interconnector such written
notice within twenty-four (24) hours of the time when such access took place.
ARTICLE XXIII- OTHER COLLOCATION AGREEMENTS
The parties agree that the provisions of Section 252(i) of the Act shall apply,
including state and federal interpretive regulations in effect from time to
time.
ARTICLE XXIV - MISCELLANEOUS
27.1 Exhibits. The following Exhibits are attached hereto and made part
hereof:
Exhibit A, The Schedule of All Interstate and Intrastate Monthly
Recurring Charges
Exhibit B The Schedule of All Interstate and Intrastate Nonrecurring
Charges
Exhibit C, Working Drawings and Specifications Entitled
Exhibit D, Point of Interconnection
27.2 Variations. In the event of variation or discrepancy between any
duplicate originals hereof, including exhibits, the original Agreement shall
control.
Page 15
27.3 Governing Law. This Agreement shall be governed by the laws of the
State in which the Premises are located, without regard to the choice of law
principles thereof.
27.4 Joint and Several. If Interconnector constitutes more than one
person, partnership, corporation, or other legal entities, the obligation of all
such entities under this Agreement is joint and several.
27.5 Future Negotiations. USWC may refuse requests for additional space
at the Physical Collocation Site or in any other USWC site if the Interconnector
is in material breach of this Agreement. In such event, the Interconnector
hereby releases and shall hold USWC harmless
27.6 Severability. With the exception of the requirements, obligations,
and rights set forth in Article II hereof, if any of the provisions hereof are
otherwise deemed invalid, such invalidity shall not invalidate the entire
Agreement, but rather the entire Agreement shall be construed as if not
containing the particular invalid provision(s), and the rights and obligations
of USWC and the Interconnector shall be construed accordingly.
27.7 Paragraph Headings and Article Numbers. The headings of the
articles paragraphs herein are inserted for convenience only and are not
intended to affect the meaning or interpretation of this agreement.
27.8 Entire Agreement. Recognizing that this Agreement is component of
a Interconnection Agreement, this Agreement with the attached schedules and
exhibits, and referenced documentation and materials attached hereto set forth
the entire understanding of the parties with respect to physical collocation and
supersedes all prior agreements, arrangements and understandings relating to
this subject matter and may not be changed except in writing by the parties. No
representation, promise, inducement or statement of intention has been made by
either party which is not embodied herein, and there are no other oral or
written understandings or agreements between the parties relating to the subject
matter hereof except as may be referenced herein.
27.9 No Third Party Beneficiaries. Nothing in this Agreement is
intended, nor shall be deemed, to confer any rights or remedies upon any person
or legal entity not a party hereto.
27.10 Binding Effect. (a) This Agreement is binding upon the parties
hereto, their respective executors, administrators, heirs, assigns and
successors in interest; (b) all obligations by either party which expressly or
by their nature survive the expiration or termination of this Agreement shall
continue in full force and effect subsequent to and notwithstanding its
expiration or termination and until they are satisfied in full or by their
nature.
27.11 Force Maieure. Neither party shall be liable for any delay or
failure in performance of any part of this Agreement from any cause beyond its
control and without its fault or negligence including, without limitation, acts
of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, work stoppages, equipment failure, cable
cuts, power blackouts, volcanic action, other major environmental disturbances,
unusually
Page 16
severe weather conditions, inability to secure products or services of other
persons or transportation facilities or acts or omissions of transportation
carriers (collectively, a "Force Majeure Condition"). If any Force Majeure
Condition occurs, the party delayed or unable to perform shall give prompt
notice to the other party and shall take all reasonable steps to correct the
force Majeure Condition. During the pendancy of such Condition, the duties of
the parties under this agreement affected by the Force Majeure Condition shall
be abated and shall resume without liability thereafter.
IN WITNESS WHEREOF, the duly authorized representatives of the parties
have executed and delivered this Agreement as of the day and year first above
written.
US WEST COMMUNICATIONS:
By: __________________________________
Title: _______________________________
Date: ________________________________
INTERCONNECTOR:
By:____________________________________
Title:_________________________________
Date: _________________________________
Page 17
Exhibit A
The Schedule of All Interstate and Intrastate Monthly Recurring Charges
To be provided by the Parties
Page 18
Exhibit B
The Schedule of All Interstate and Intrastate Nonrecurring Charges
To be Provided by the Parties
Page 19
Exhibit C
Working Drawings and Specifications Entitled
To be provided by the Parties
Page 20
Exhibit D
Point of Interconnection
To be Provided by the Parties
Page 21
