1
EXHIBIT 10.7
INTERCONNECTION AGREEMENT UNDER SECTIONS 251
AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996
DATED AS OF SEPTEMBER 4, 1998
BY AND BETWEEN
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY
D/B/A
▇▇▇▇ ATLANTIC - MASSACHUSETTS
AND
NETWORK PLUS, INC.
2
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS
ACT OF 1996
This Interconnection Agreement (this "Agreement"), under Sections 251
and 252 of the Telecommunications Act of 1996 (the "Act"), is effective as of
the 4th day of September, 1998 (the "Effective Date"), by and between New
England Telephone and Telegraph Company, d/b/a ▇▇▇▇ Atlantic - Massachusetts
("BA" or "▇▇▇▇ Atlantic"), a New York corporation with offices ▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and Network Plus, Inc. ("Network Plus"), a
Massachusetts corporation with offices at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
(each a "Party" and, collectively, the "Parties").
WHEREAS, Network Plus has requested that BA make available to Network
Plus interconnection, service and unbundled network elements upon the same terms
and conditions as provided in the Interconnection Agreement (and amendments
thereto) between Teleport Communications Boston ("TCG") and BA, dated as of
October 29, 1997, for Massachusetts, approved by the Massachusetts Department of
Public Utilities under Section 252 of the Act (the "Separate Agreement") and
attached as Appendix 1 hereto; and
WHEREAS, BA has undertaken to make such terms and conditions available
to Network Plus hereby only because and, to the extent required by, Section
252(i) of the Act.
NOW, THEREFORE, in consideration of the mutual provisions contained
herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Network Plus and BA hereby agree as follows:
1.0 INCORPORATION OF APPENDIX BY REFERENCE
1.1 Except as expressly stated herein, the terms and conditions of Appendix
1 hereto (with all Schedules and Exhibits thereto) are incorporated by reference
in their entirety herein and form an integral part of this Agreement.
1.2 References in Appendix 1 hereto to Teleport Communications Boston or to
TCG shall for purposes of this Agreement be deemed to refer to Network Plus.
1.3 References in Appendix 1 hereto to the "Effective Date", the date of
effectiveness thereof and like provisions shall for purposes of this Agreement
be deemed to refer to the date first written above. Unless terminated earlier in
accordance with the terms of Appendix 1 hereto, this Agreement shall continue in
effect until the Separate Agreement is terminated.
1.4 All notices, affidavits, exemption-certificates or other
communications to BA under Section 29.8 of Appendix 1 hereto shall be sent to
the following address:
Tax Administration
▇▇▇▇ Atlantic Corporation
1095 Avenue of the Americas
▇▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
1.5 Notices to Network Plus under Section 29.12 of Appendix 1 hereto
shall be sent to the following address:
Network Plus, Inc.
Attn: ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Phone: 617/▇▇▇-▇▇▇▇
Facsimile: 617/786-8406
1.6 Notices to BA under Section 29.12 of Appendix 1 hereto shall be
sent to the following address:
-2-
3
President - Telecom Industry Services
▇▇▇▇ Atlantic
1095 Avenue of the ▇▇▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇
2.0 CLARIFICATIONS
2.1 The Parties agree that if any judicial or regulatory authority of
competent jurisdiction determines (or has determined) that BA is not required to
furnish any service or item or provide any benefit to telecommunications
carriers otherwise required to be furnished or provided to Network Plus
hereunder, then BA may, at its sole option, avail itself of any such
determination by providing written notice thereof to Network Plus.
2.2 The entry into, filing and performance by BA of this Agreement does not
in any way constitute a waiver by BA of any of the rights and remedies it may
have to seek review of any of the provisions of the Separate Agreement, or to
petition the Commission, other administrative body or court for reconsideration
or reversal of any determination made by any of them, or to seek review in any
way of any portion of this Agreement in connection with Network Plus's election
under Section 252(i) of the Act.
[Intentionally Left Blank]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of this 4th day of September, 1998.
NETWORK PLUS, INC. ▇▇▇▇ ATLANTIC - MASSACHUSETTS
By: /s/ ▇▇▇▇▇▇▇ Oyster By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
------------------ -----------------------
Printed: ▇▇▇▇▇▇▇ Oyster Printed: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: President, Local Title: Vice President -- Interconnection
Services Division Services Policy & Planning
-3-
4
APPENDIX I
-4-
5
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS
ACT OF 1996
DATED AS OF OCTOBER 29, 1997
BY AND BETWEEN
▇▇▇▇ ATLANTIC-MASSACHUSETTS
AND
TELEPORT COMMUNICATIONS BOSTON
-5-
6
TABLE OF CONTENTS
SECTION PAGE
1.0 DEFINITIONS
2.0 INTERPRETATION AND CONSTRUCTION
3.0 SCOPE
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
4.1 Scope
4.2 Physical Interconnection of Networks
4.3 Numbering Plans
4.4 Technical Specifications
4.5 Interconnection in Additional LATA
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE
TRAFFIC PURSUANT TO SECTION 251(c)(2)
5.1 Scope of Traffic
5.2 Switching System Hierarchy
5.3 Trunk Group Architecture and Traffic Routing
5.4 Signaling
5.5 Grades of Service
5.6 Measurement and Billing
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5)
5.8 Municipal Calling Service
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO SECTION
251(c)(2)
6.1 Scope of Traffic
6.2 Trunk Group Architecture and Traffic Routing
6.3 Meet-Point Billing Arrangements
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Services Traffic
7.2 Tandem Transit Service ("Transit Service")
7.3 Dedicated Transit Service
7.4 911/E911 Arrangement
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR
8.1 Joint Network Configuration and Grooming Plan
8.2 Installation, Maintenance, Testing and Repair
9.0 UNBUNDLED ACCESS -- SECTION 251(c)(3)
9.1 Local Link Transmission Types
9.2 ADSL and HDSL
9.3 Port Types
9.4 Private Lines, Special Access and Switched Transport
9.5 Limitations on Unbundled Access
9.6 Availability of Other Network Elements on an Unbundled Basis
9.7 Provisioning of Unbundled Links
9.8 Maintenance of Unbundled Network Elements
9.9 Acknowledgments Related to Unbundled Network Elements
10.0 RESALE -- SECTIONS 251(c)(4) and 251(b)(1)
10.1 Availability of Wholesale Rates for Resale
10.2 Availability of Retail Rates for Resale
10.3 Term and Volume Discounts
11.0 NOTICE OF CHANGES -- SECTION 251(c)(5)
12.0 COLLOCATION -- SECTION 251(c)(6)
-6-
7
13.0 NUMBER PORTABILITY -- SECTION 251(b)(2)
13.1 Scope
13.2 Procedures for Providing INP Through Remote Call Forwarding
13.3 Procedures for Providing INP Through Route Indexing
13.4 Procedures for Providing INP Through Full NXX Code Migration
13.5 Other Interim Number Portability Options
13.6 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
14.0 NUMBER RESOURCES ASSIGNMENTS
15.0 DIALING PARITY -- SECTION 251(b)(3)
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
17.0 DATABASES AND SIGNALING
18.0 REFERRAL ANNOUNCEMENT
19.0 DIRECTORY SERVICES ARRANGEMENTS
19.1 Directory Listings and Directory Distributions
19.2 Directory Assistance ("DA") and Operator Services
19.3 Directory Assistance Call Completion
19.4 Directory Assistance Credits
19.5 Direct Access to Directory Assistance
19.6 Inward Operator Services
19.7 Operator Service
19.8 0+ Mechanized Operator Calls
19.9 0- Operator Handled Calls
19.10 Operator Emergency Bulletin Service
19.11 Operator Passthrough Service`
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES
21.0 TERM AND TERMINATION
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
23.0 CANCELLATION CHARGES
24.0 NON-SEVERABILITY
25.0 INDEMNIFICATION
26.0 LIMITATION OF LIABILITY
27.0 PERFORMANCE STANDARDS
28.0 REGULATORY APPROVAL
29.0 MISCELLANEOUS
29.1 Authorization
29.2 Compliance
29.3 Compliance with the Communications Law Enforcement Act of 1994
29.4 Independent Contractor
29.5 Force Majeure
29.6 Confidentiality
29.7 Governing Law
29.8 Taxes
29.9 Non-Assignment
29.10 Non-Waiver
29.11 Disputed Amounts
29.12 Notices
29.13 Publicity and Use of Trademarks or Service Marks
29.14 Joint Work Product
29.15 No Third Party Beneficiaries; Disclaimer of Agency
-7-
8
29.16 No License
29.17 Technology Upgrades
29.18 Survival
29.19 Scope of Agreement
29.20 Amendment
29.21 Entire Agreement
-8-
9
LIST OF SCHEDULES AND EXHIBIT
SCHEDULES
Schedule 1.0 Certain Terms As Defined in the Act
Scheduled 8.2 BA Installation Intervals
Pricing Schedule
EXHIBIT
Exhibit A Network Element Bona Fide Request
-9-
10
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is effective as of the 29th day of
October, 1997 (the "Effective Date"), by and between Teleport Communications
Boston ("TCG"), a Massachusetts partnership with offices at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇,
▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and New England Telephone and Telegraph
Company, d/b/a ▇▇▇▇ Atlantic - Massachusetts ("BA"), a New York corporation with
offices at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇.
WHEREAS, the Parties want to interconnect their networks at mutually agreed
upon points of interconnection to provide Telephone Exchange Services (as
defined below) and Exchange Access (as defined below) to their respective
Customers.
WHEREAS, the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Act (as defined below) and additional services as set forth
herein.
NOW, THEREFORE, in consideration of the mutual provisions contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, TCG and BA hereby agree as follows:
1.0 DEFINITIONS
As used in this Agreement, the following terms shall have the meanings
specified below in this Section 1.0. For convenience of reference only, the
definitions of certain terms that are As Defined in the Act (as defined below)
are set forth in Schedule 1.0. Schedule 1.0 sets forth the definitions of such
terms as of the date specified on such Schedule and neither Schedule 1.0 nor any
revision, amendment or supplement thereof intended to reflect any revised or
subsequent interpretation of any term that is set forth in the Act is intended
to be a part of or to affect the meaning or interpretation of this Agreement.
1.1 "Act" means the Communications Act of 1934 (47 U.S.C. 153(r)), 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 the
Department within its state of jurisdiction.
1.2 "ADSL" or "Asymmetrical Digital Subscriber Line" means a transmission
technology which transmits an asymmetrical digital signal using one of a variety
of line codes as specified in ANSI standards T1.413-1995-007R2.
1.3 "Affiliate" is As Defined in the Act.
1.4 "Agreement for Switched Access Meet Point Billing" means the Agreement
for Switched Access Meet Point Billing dated as of March 21, 1996 by and between
the Parties
1.5 "As Defined in the Act" means as specifically defined by the Act and as
from time to time interpreted in the duly authorized rules and regulations of
the FCC or the Department.
1.6 "As Described in the Act" means as described in or required by the Act
and as from time to time interpreted in the duly authorized rules and
regulations of the FCC or the Department.
1.7 "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.
1.8 "Busy Line Verification/Busy Line Verification Interrupt Traffic" or
"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.
1.9 "Calling Party Number" or "CPN" is a Common Channel Interoffice
Signaling ("CCIS") parameter which refers to the number transmitted through a
network identifying the calling Party.
-10-
11
1.10 "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
Links for the purpose of interconnection to each other and to trunks;
(b) "Tandem Office Switches" which are used to connect and switch trunk
circuits between and among other Central Office Switches; and
(c) "Combination End/Office Switches" which are used to terminate
Customer station Links for the purposes of interconnection to each other and to
trunks, and to connect and switch trunk circuits between and among the Central
Office Switches.
1.11 "CCS" means one hundred (100) call seconds.
1.12 "CLASS Features" means certain CCIS-based features available to
Customers including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification; Call Return and future CCIS-based offerings.
1.13 "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"). For purposes of Collocation, the "premises" of a Housing Party
is limited to the occupied structure or portion thereof in which such Housing
Party has the exclusive right of occupancy. Collocation will be "physical,"
unless physical collocation is not practical for technical reasons or because of
space limitations, in which case virtual collocation will be provided, subject
to DPU approval or mutual agreement. In "Physical Collocation," the Collocating
Party installs and maintains its own equipment in the Housing Party's premises.
1.14 "Common Channel Interoffice Signaling" or "CCIS" means the signaling
system, developed for use between switching systems with stored-program control,
in which all of the signaling information for one or more groups of trunks is
transmitted over a dedicated high-speed data link rather than on a per-trunk
basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties
shall be SS7.
1.15 "Cross Connection" means a connection provided pursuant to Collocation
at the Digital Signal Cross Connect, Main Distribution Frame or other suitable
frame or panel between (i) the Collocating Party's equipment and (ii) the
equipment or facilities of the Housing Party.
1.16 "Customer" means a third-Party residence or business that subscribes
to Telecommunications Services provided by either of the Parties.
1.17 "Department" or "DPU" means the Massachusetts Department of Public
Utilities.
1.18 "Dialing Parity" is As Defined in the Act. As used in this Agreement,
Dialing Parity refers to both Local Dialing Parity and Toll Dialing Parity.
"Local Dialing Parity" means the ability of Telephone Exchange Service Customers
of a LEC to select a provider and make local calls without dialing extra digits.
"Toll Dialing Parity" means the ability of Telephone Exchange Service Customers
of a LEC to place toll calls (interLata or intraLata) which are routed to a toll
carrier (intraLATA or interLATA) of their selection without dialing access codes
or additional digits and with no unreasonable dialing delay.
1.19 "Digital Signal Level" means one of several transmission rates in the
time-division multiplex hierarchy.
1.20 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level signal
in the time-division multiplex hierarchy.
1.21 "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.
1.22 "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.
-11-
12
1.23 "Direct Customer Access Service" or "DCAS" is an electronic interface
system provided by BA to facilitate the ordering, provisioning and maintenance
of various interconnection arrangements.
1.24 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
providers for billable, non-billable, sample, settlement and study data. EMR
format is contained in Bellcore Practice BR-010-200-010 ▇▇▇▇ Exchange Message
Record.
1.25 "Exchange Access" is As Defined in the Act.
1.26 "FCC" means the Federal Communications Commission.
1.27 "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.
1.28 "High-Bit Rate Digital Subscriber Line" or "HDSL" means a transmission
technology which transmits up to a DS1-level signal, using any one of the
following line codes: 2 Binary / 1 Quartenary ("2B1Q"), Carrierless AM/PM,
Discrete Multitone ("DMT"), or 3 Binary / 1 Octel ("3B0').
1.29 "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).
1.30 "Integrated Digital Loop Carrier" means a subscriber loop carrier
system which integrates within the switch, at a DS1 level, twenty-four (24)
local Link transmission paths combined into a 1.544 Mbps digital signal.
1.31 "Interconnection" is As Described in the Act and refers to the
connection of a network, equipment, or facilities, of one carrier with the
network, equipment, or facilities of another for the purpose of transmission and
routing of Telephone Exchange Service traffic and Exchange Access traffic.
1.32 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services.
1.33 "Interim Telecommunications Number Portability" or "INP" is As
Described in the Act.
1.34 "InterLATA Service" is As Defined in the Act.
1.35 "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").
1.36 "IntraLATA Toll Traffic" means those IntraLATA station calls that are
not defined as Local Traffic in this Agreement.
1.37 "Local Access and Transport Area" or "LATA" is As Defined in the Act.
1.38 "Local Exchange Carrier" or "LEC" is as defined in the Act.
1.39 "Local Link Transmission" or "Link" means the entire transmission path
which extends from the network interface/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. Links are defined by the
electrical interface rather than the type of facility used.
1.40 "Local Traffic" means a call which is originated and terminated within
a given LATA in the Commonwealth of Massachusetts, as defined in DPU Tariff 10,
Section 6, except for those calls that are specified to be terminated through
switched access arrangements. IntraLATA calls originated on a 1+ presubscription
basis when available or a casual dialed (10XXX/101XXXX) basis are not considered
local traffic.
-12-
13
1.41 "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
1.42 "Main Distribution Frame" or "MDF" means the distribution frame of the
Party providing the Link used to interconnect cable pairs and line and trunk
equipment terminals on a switching system.
1.43 "Meet-Point Billing" means the process whereby each Party bills the
appropriate tariffed rate for its portion of a jointly provided Switched
Exchange Access Service as agreed to in the Agreement for Switched Access Meet
Point Billing.
1.44 "Network Element" is As Defined in the Act.
1.45 "Network Element Bona Fide Request" means the process described in
Exhibit A that prescribes the terms and conditions relating to a Party's request
that the other Party provide a Network Element not otherwise provided by the
terms of this Agreement.
1.46 "North American Numbering Plan" or "NANP" means the numbering plan
used in the United States, 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.
1.47 "Number Portability" is As Defined in the Act.
1.48 "NXX" means the three-digit code which appears as the first three
digits of a seven digit telephone number.
1.49 "Party" means either BA or TCG, and "Parties" means BA and TCG.
1.50 "Port" means a termination on a Central Office Switch that permits
Customers to send or receive Telecommunications over the public switched
network, but does not include switch features or switching functionality.
1.51 "Point of Termination Bay" or "POT Bay" means the intermediate
distributing frame system which serves as the point of demarcation for
collocated interconnection.
1.52 "Rate Center" means the specific geographic point which has been
designated by a given LEC as being associated with a particular NPA-NXX code
which has been assigned to the LEC for its provision of Telephone Exchange
Service. The Rate Center is the finite geographic point identified by a specific
V&H coordinate, which is used by that LEC to measure, for billing purposes,
distance-sensitive transmission services associated with the specific Rate
Center. Rate Centers will be identical for each Party until such time as TCG is
permitted by an appropriate regulatory body or elects to create its own Rate
Centers within an area.
1.53 "Reciprocal Compensation" is As Described in the Act, and refers to
the payment arrangements that recover costs incurred for the transport and
termination of Telephone Exchange Service Traffic.
1.54 "Route Indexing" means the provision of Interim Number Portability
through the use of direct trunks provisioned between end offices of BA and TCG
over which inbound traffic to a ported number will be routed.
1.55 "Routing Point" means a location which a LEC has designated on its own
network as the homing (routing) point for inbound traffic to one or more of its
NPA-NXX codes. The Routing Point is also used to calculate mileage measurements
for the distance-sensitive transport element charges of Switched Exchange Access
Services. Pursuant to ▇▇▇▇ Communications Research, Inc. ("Bellcore") Practice
BR ▇▇▇-▇▇▇-▇▇▇ (the "Bellcore Practice"), the Routing Point (referred to as the
"Rating Point" in such Bellcore Practice) may be an End Office Switch location
or a "LEC Consortium Point of Interconnection." Pursuant to such Bellcore
Practice, each "LEC Consortium Point of Interconnection" 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 Routing Point must be
located within the LATA in which the corresponding NPA-NXX is located. However,
Routing Points associated with each NPA-NXX need not be the same as the
corresponding Rate Center, nor must there be a unique and separate Routing Point
corresponding to each unique and separate Rate Center; provided only that the
Routing Point associated with a given NPA-NXX must be located in the same LATA
as the Rate Center associated with the NPA-NXX.
-13-
14
1.56 "Service Control Point" or "SCP" means a component of the signaling
network that acts as a database to provide information to another component of
the signaling network (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.
1.57 "Signaling Transfer Point" or "STP" means a component of the signaling
network that performs message routing functions and provides information for the
routing of messages between signaling network components. An STP transmits,
receives and processes CCIS messages.
1.58 "Single ▇▇▇▇/Multiple Tariff" shall mean that one ▇▇▇▇ is rendered to
the IXC from all LECs who are jointly providing access service. A single ▇▇▇▇
consists of all rate elements applicable to access services billed on one
statement of charges under one billing account number using each Party's
appropriate access tariffs. The ▇▇▇▇ could be rendered by, or on behalf of,
either of the Parties.
1.59 "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
access, and 900 access and their successors or similar Switched Exchange Access
services.
1.60 "Synchronous Optical Network" or "SONET" means an optical interface
standard that allows inter-networking of transmission products from multiple
vendors. The base transmission rate is 51.84 Mbps ("OC-1/STS-1") and higher
rates are direct multiples of the base rate.
1.61 "Technically Feasible Point" is As Described in the Act.
1.62 "Telecommunications" is As Defined in the Act.
1.63 "Telecommunications Act" means the Telecommunications Act of 1996 and
any rules and regulations promulgated thereunder.
1.65 "Telecommunications Carrier" is As Defined in the Act.
1.66 "Telecommunications Service" is As Defined in the Act.
1.67 "Telephone Exchange Service" is As Defined in the Act.
1.69 "Telephone Toll Service" is As Defined in the Act.
1.69 "Wire Center" means an occupied structure or portion thereof in which
a Party has the exclusive right of occupancy and which serves as a Routing Point
for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION
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. The headings of the Sections and the terms
defined in Schedule 1.0 are inserted for convenience of reference only and are
not intended to be a part of or to affect the meaning of this Agreement. Unless
the context shall otherwise require, any reference to any agreement, other
instrument (including BA or other third Party offerings, guides or practices),
statute, regulation, rule or tariff is to such agreement, instrument, statute,
regulation, rule or tariff as amended and supplemented from time to time (and,
in the case of a statute, regulation, rule or tariff, to any successor
provision).
3.0 SCOPE
This Agreement sets forth the terms and conditions under which TCG and BA
will interconnect their respective networks to enable TCG to provide
Telecommunications Services consistent with the rights and obligations set forth
in Section 251 of the Act. TCG represents that it is a provider of Telephone
Exchange Service to residential and business subscribers over its own Telephone
Exchange Service facilities or in combination with the resale of the
Telecommunications Services of other carriers.
-14-
15
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)
Subject to the terms and conditions of this Agreement, Interconnection of
the Parties' facilities and equipment pursuant to Section 4.0 for the
transmission and routing of Telephone Exchange Service traffic and Exchange
Access traffic shall be established on or before the corresponding
"Interconnection Activation Date" shown for each such LATA within the
Commonwealth of Massachusetts on Schedule 4.0. Schedule 4.0 may be revised and
supplemented from time to time upon the mutual agreement of the Parties to
reflect the Interconnection in the additional LATA in Massachusetts pursuant to
Section 4.5 by attaching one or more supplementary schedules to such schedule.
4.1 Scope
Section 4.0 describes the physical architecture for Interconnection of the
Parties' facilities and equipment for the transmission and routing of Telephone
Exchange Service Traffic and Exchange Access traffic pursuant to Section
251(c)(2) of the Act. Sections 5.0 and 6.0 prescribe the specific logical trunk
groups (and traffic routing parameters) which will be configured over the
physical connections described in this Section 4.0 related to the transmission
and routing of Telephone Exchange Service Traffic and Exchange Access traffic,
respectively. Other trunk groups, as described in this Agreement, may be
configured using this architecture.
4.2 Physical Interconnection of Networks
The Parties mutually agree that the following are possible methods
for interconnecting facilities:
1. Collocation using physical collocation used unless technical
feasibility or space limitations make that model impractical; or
2. via purchase of facilities from either Party by the other
Party;
3. upon mutual agreement as to technical feasibility,
interconnection on a mid-span basis; or
4. upon mutual agreement any other technically feasible basis
permitted by law.
Each Party ("Providing Party") shall provide to the other Party ("Collocation
Party"), upon request, Physical Collocation for the placement of the Collocation
Party's transport facilities and equipment, pursuant to the terms and conditions
of the Providing Party's applicable tariffs on file with the appropriate
regulatory agency and License Agreements, as necessary for Interconnection or
for access to unbundled Network Elements (pursuant to Section 9.0). Transport
Facilities may be purchased at the rates, terms and conditions set forth in each
Party's Intrastate Private Line or Interstate Access Services tariffs.
4.2.1 The Parties agree that the existing interconnection
architecture shall provide the model for network interconnection following the
execution of this Agreement. The Parties will cooperatively work to implement
either of the alternative models upon request of either Party or pursuant to the
Joint Grooming Plan and forecast under Section 5.3.1. TCG will establish a point
of interconnection at each and every access tandem where TCG desires to provide
connection to end-offices subtending those access tandems. Alternatively, TCG
may elect to interconnect directly to BA's End Offices for completion of
Telephone Exchange Service Traffic to BA end-users. BA will connect at each TCG
combination End Office Tandem serving as an Access Tandem in each LATA in BA's
operating territory within Massachusetts. Such interconnecting facilities will
conform at a minimum. to the telecommunications industry standard, Bellcore
Standard No. TR-NWT-0499. Signal Transfer Point, Signaling System 7 ("SS7")
connectivity will be used at each appropriate interconnection point. BA will
provide out-of-band signaling using Common Channel Signaling Access capability
where technically and economically feasible, in accordance with the technical
specifications set forth in the Bellcore Guidelines for SS-7 interconnection
(TR-TSV-000905). The Parties agree that their facilities shall provide the
necessary on-hook, off-hook answer and disconnect supervision and shall hand off
calling number ID when available and technically feasible. The Parties further
agree that in the event either Party interconnects through the purchase of
facilities and/or services from the other Party, the available tariff rates will
apply to the purchase of such facilities and/or services.
-15-
16
4.2.2 The Parties mutually agree to establish trunk groups
sufficient in capacity to provide a grade of service, availability and service
quality which is comparable to that provided on interoffice trunk groups within
BA's network and which meets all appropriate and relevant industry-accepted
quality, reliability and availability standards. Notwithstanding the foregoing,
each Party may construct its network, including the interconnecting facilities,
to achieve optimum cost effectiveness and network efficiency.
4.3 Numbering Plans
The Parties agree to ▇▇▇▇ Telephone Exchange Service Calls made by
their respective Customers to NXX Codes served by another Party based on the V&H
rating points assigned to the NXX Codes of the other Party. The V&H rating
points of the originating Customer and the terminating Customer will determine
the rating of calls.
4.4 Technical Specifications
4.4.1 TCG and BA shall work cooperatively to install and maintain
a reliable network. TCG and BA shall exchange appropriate information (e.g.,
maintenance contact numbers, network information, information required to comply
with law enforcement and other security agencies of the Government and such
other information as the Parties shall mutually agree) to achieve this desired
reliability.
4.4.2 TCG and BA shall work cooperatively to apply sound network
management principles by invoking network management controls to alleviate or to
prevent congestion.
4.4.3 The publication "Bellcore Technical Publication
TR-INS-000342; High Capacity Digital Special Access Service, Transmission
Parameter Limits and Interface Combinations" describes the practices,
procedures, specifications and interfaces generally utilized by BA and is
referenced herein to assist the Parties in meeting their respective
Interconnection responsibilities related to Electrical/Optical Interfaces.
4.5 Interconnection in Additional LATA
4.5.1 If TCG determines to offer Telephone Exchange Services in
the other LATA in which BA also offers Telephone Exchange Services in
Massachusetts, TCG shall provide written notice to BA of the need to establish
Interconnection in such LATA pursuant to this Agreement.
4.5.2 The notice provided in Section 4.5.1 shall include (i) TCG's
switch location in the LATA; (ii) TCG's desired Network Interconnection Points
(NIP); (iii) TCG's requested Interconnection Activation Date; and (iv) a
non-binding forecast of trunking requirements.
4.5.3 Unless otherwise agreed by the Parties, the Interconnection
Activation Date in the new LATA shall be no more than the one hundred and
fiftieth (150th) calendar day following the day on which TCG delivered notice to
BA of the need to establish Interconnection pursuant to Section 4.5.1. Within
ten (10) business days of BA's receipt of the TCG's Notice, BA and TCG shall
confirm in writing the Network Interconnection Points, and Interconnection
Activation Date for the LATA.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT
TO SECTION 251(c)(2)
5.1 Scope of Traffic
Section 5.0 prescribes parameters for trunk groups (the "Traffic Exchange
Trunks") to be effected over the Interconnections specified in Section 4.0 for
the transmission and routing of Local Traffic and IntraLATA Toll Traffic between
the Parties' respective Telephone Exchange Service Customers.
5.2 Switching System Hierarchy
Either Party may deploy End Office switches, Tandem switches, or
combination End Office Tandem switches as required to meet their respective
network design requirements.
5.3 Trunk Group Architecture and Traffic Routing
-16-
17
The Parties shall jointly engineer and configure Traffic Exchange Trunks
over the physical Interconnection arrangements covered in Section 4.2 as
follows:
5.3.1 The Parties shall maintain the existing network
configuration pending the development and implementation of a mutually
acceptable Joint Grooming Plan.
5.3.2 Notwithstanding anything to the contrary in this Section
5.0, if the two-way traffic volumes between any two Central Office Switches at
any time exceeds the CCS busy hour equivalent of one DS1, the Parties shall
within sixty (60) days after such occurrence add trunks or establish new direct
trunk groups consistent with the grades of service and quality parameters set
forth in the Joint Grooming Plan; provided, however, nothing in this Section 5.3
shall require a Party to establish new direct trunk groups on or before the date
which is one hundred and twenty (120) days after the applicable Interconnection
Activation Date; provided, however, that if such traffic volume is exceeded
within such one hundred and twenty (120) day period, such Party shall establish
new direct trunk groups on the date which is the later of sixty (60) days after
such occurrence or one hundred and twenty-one (121) days after the
Interconnection Activation Date.
5.4 Signaling
5.4.1 Where available, CCIS signaling shall be used by the Parties
to set up calls between the Parties' Telephone Exchange Service networks. If
CCIS signaling is unavailable, Multi-Frequency ("MF") signaling shall be used by
the Parties. Each Party shall charge the other Party equal and reciprocal rates
for CCIS signaling in accordance with applicable tariffs. During the term of
this Agreement neither Party shall charge the other Party additional usage-
sensitive rates for SS7 queries made for Local Traffic.
5.4.2 The publication "Bellcore Special Report SR-TSV-002275, BOC
Notes on the LEC Networks - Signaling" describes the practices, procedures and
specifications generally utilized by BA for signaling purposes and is referenced
herein to assist the Parties in meeting their respective Interconnection
responsibilities related to signaling.
5.4.3 The Parties shall cooperate on the exchange of Transactional
Capabilities Application Part ("TCAP") messages to facilitate interoperability
of CCIS-based features between their respective networks, including all CLASS
features and functions on IntraLATA calls only, to the extent each Party offers
such features and functions to its Customers. All CCIS signaling parameters will
be provided including, calling Party number ("CPN"), originating line
information ("OLI"), calling Party category and charge number. The Parties will
provide each other with Destination Point Codes necessary to rout call
associated and non-call associated (eg.,TCAP) messages.
5.4.4 Each Party shall provide trunk groups where available that
are configured utilizing the B8ZS ESF protocol for 64 Kbps clear channel
transmission to allow for ISDN interoperability between the Parties' respective
networks.
5.5 Grades of Service
The Parties shall initially engineer and shall jointly monitor and enhance
all trunk groups consistent with the Joint Grooming Plan.
5.6 Measurement and Billing
5.6.1 For billing purposes, each Party shall pass Calling Party
Number ("CPN") information on each call carried over the Traffic Exchange
Trunks; provided that so long as the percentage of calls passed with CPN is
greater than ninety percent (90%), all calls exchanged without CPN information
shall be billed as either Local Traffic or IntraLATA Toll Traffic in direct
proportion to the minutes of use of calls exchanged with CPN information.
5.6.2 Measurement of billing minutes (except for originating
800/888 calls) shall be in actual conversation seconds. Measurement of billing
minutes for originating 800/888 calls shall be in accordance with applicable
tariffs (i.e., access minutes as defined in FCC No. 1 tariff will be used).
5.6.3 Where CPN is not available in a LATA for greater than ten
percent (10%) of the traffic, the Party sending the traffic shall provide
factors to determine the jurisdiction, as well as local vs. toll distinction, of
the traffic. Such factors shall be supported by call record details that will be
made available for review upon request.
-17-
18
Where a Party is passing CPN but the receiving Party is not properly receiving
or recording the information, the Parties shall cooperatively work to correctly
identify the traffic, and establish a mutually agreeable mechanism that will
prevent improperly rated traffic. Notwithstanding this, if any improperly rated
traffic occurs, the Parties agree to reconcile it.
5.6.4 Notwithstanding the above, if either Party has technical
difficulty meeting the requirements of Section 5.6 the Parties agree to work
cooperatively to develop interim measurements and billing procedures for
determining traffic jurisdiction, directionality and the Tandem/End Office mix
for Traffic Exchange Trunks. The interim measurement and billing procedures
shall apply for a period not to exceed twelve (12) months unless a different
time period is mutually agreed to by the Parties.
5.7 Reciprocal Compensation Arrangements -- Section 251(b)(5)
5.7.1 Reciprocal Compensation only applies to the transport and
termination of Local Traffic billable by BA or TCG which a Telephone Exchange
Service Customer originates on BA's or TCG's network for termination on the
other Party's network within the same LATA except as provided in Section 13.6
below.
5.7.2 Except as provided in Section 5.7.3 below, the Parties shall
compensate each other for transport and termination of Local Traffic in an equal
and symmetrical manner as provided in the Pricing Schedule. No additional
charges, including port or transport charges, shall apply for the termination of
Local Traffic. When Local Traffic is terminated over the same trunks as other
traffic, any port or transport or other applicable access charges related to
such other traffic shall be prorated to be applied only to such other traffic.
5.7.3 As ordered by the Department in the Consolidated
Arbitrations, when BA terminates Local Traffic to TCG subscribers using TCG's
switch and the TCG switch serves a geographic area comparable to the area served
by the BA tandem switch, BA shall pay to TCG the tandem interconnection charge
set forth in the Pricing Schedule.
5.7.4 The Reciprocal Compensation arrangements set forth in this
Agreement are not applicable to Switched Exchange Access Service, cellular
traffic or to any other intraLATA calls originated on a third Party carrier's
network on a 1+ presubscribed basis or a casual dialed (10XXX or 101XXXX) basis.
All Switched Exchange Access Service and all IntraLATA Toll Traffic shall
continue to be governed by the terms and conditions of the applicable federal
and state tariffs.
5.7.5 Compensation for transport and termination of all traffic
which has been subject to performance of INP by one Party for the other Party
pursuant to Section 13.0 shall be as specified in Section 13.6.
5.7.6 When either Party delivers seven (7) or ten (10) digit
translated intraLATA 800/888 service to the other Party for termination, the
originating Party shall provide the terminating Party with billing records in
industry standard format (EMR) if required by the terminating Party. The
originating Party may ▇▇▇▇ the terminating Party for the delivery of the traffic
at local reciprocal compensation rates. The terminating Party may not ▇▇▇▇ the
originating Party reciprocal compensation under this Agreement. The Party that
is providing the 800/888 service shall pay the database inquiry charge per the
Pricing Schedule to the Party that performed the database inquiry.
5.8 Municipal Calling Service
The Parties shall work cooperatively to facilitate each Party's public
service obligations to provide its end user customers with toll free Municipal
Calling Service ("MCS") or similar services which treat certain toll calls as
local. Such cooperation shall include the sharing of certain account and toll
free municipal ("TFM") codes on a daily or other mutually agreeable basis and
working with other industry participants to satisfactorily resolve MCS related
measurement and billing issues associated with implementation of intraLATA
presubscription.
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO SECTION
251(c)(2)
6.1 Scope of Traffic
Section 6.0 prescribes parameters for certain trunk groups ("Access Toll
Connecting Trunks") to be established over the Interconnections specified in
Section 4.0 for the
-18-
19
transmission and routing of Exchange Access traffic between the Parties'
Telephone Exchange Service Customers and Interexchange Carriers ("IXCs").
6.2 Trunk Group Architecture and Traffic Routing
6.2.1 The Parties shall jointly establish Access Toll Connecting
Trunks by which they will jointly provide tandem-transported Switched Exchange
Access Services to Interexchange Carriers to enable such Interexchange Carriers
to originate and terminate traffic from/to the Parties' Customers.
6.2.2 Access Toll Connecting Trunks shall be used solely for the
transmission and routing of Exchange Access to allow the Parties' Customers to
connect to or be connected to the interexchange trunks of any Interexchange
Carrier which is connected to either of the Parties' Access Tandem.
6.2.3 The Access Toll Connecting Trunks may be two-way trunks
connecting an End Office Switch utilized to provide Telephone Exchange Service
and Switched Exchange Access in a given LATA to an Access Tandem Switch utilized
to provide Exchange Access in such LATA.
6.2.4 For Meet Point Billing at TCG's option, TCG's End Office may
subtend BA's Access Tandem. In the event TCG elects this the option, TCG's End
Office switch (i.e., Routing Point) shall subtend the BA Access Tandem nearest
to such Routing Point, as measured in airline miles utilizing the V&H coordinate
method. If TCG establishes an Access Tandem in Massachusetts, BA may at its
option subtend such TCG Access Tandem for Meet Point Billing purposes.
Alternative configurations will be discussed as part of the Joint Grooming Plan.
6.3 Meet Point Billing Arrangements
6.3.1 For the purposes of this section, the Parties agree that
Tandem and subtending End Office arrangements shall be according to LERG with
respect to interconnection between the Parties for jointly-provided Switched
Exchange Access arrangements, except as mutually amended by the Parties. The
Parties agree that where they jointly provide Switched Access Service, they will
share revenues received for such services in the manner described in this
Section:
6.3.1.1 The Parties will use the New York Intrastate Access
Settlement Pool Inc. ("NYSP") as their vendor to ▇▇▇▇ the Switched Access
Exchange Service charges to the appropriate Interexchange carrier on behalf of
both Parties based on the respective Switched Exchange Access Service Tariff
rates of the Parties (single ▇▇▇▇, multiple tariff), in accordance with the
existing agreement executed on March 21, 1996 between the Parties and NYSP which
is incorporated by reference herein. In the event that agreement is terminated
before the termination of this Agreement, the Parties agree that it shall be
renewed or another vendor shall be selected by the Parties to perform those
functions under a similar agreement in Massachusetts. The Parties will work
cooperatively to establish and maintain these billing arrangements. In the event
the NYSP or subsequent vendor cannot perform the billing functions the Party
providing the first point of tandem switching may perform the billing collection
and revenue distribution function on a timely basis.
6.3.1.2 In accordance with the March 21, 1996 agreement between
the Parties and the NYSP, the Parties will bear the charges of the NYSP to each
of the Parties in direct proportion to the revenues distributed by the NYSP to
each of except where one Party causes the NYSP to incur unique and directly
attributable costs for extraordinary activities, then that Party shall bear the
cost of those activities.
6.3.1.3 Retroactive adjustments such as jurisdictional factor
changes by the Switched Exchange Access Service customer, if applied, will be
passed through and the Parties will "true-up" revenues based on such
adjustments.
6.3.1.4 In the 128 LATA for conventionally routed Tandem
subtending access arrangements where there is one Tandem and the Tandem Party
switches directly to the End Office using its own facilities, the NYSP will
remit to the End Office Party seventy percent (70%) of all switched access
revenues that Party would have collected were it providing the entire switched
access service, net of NYSP fees. The NYSP will remit to the Tandem Party the
remainder of all switched access revenues collected, net of NYSP fees.
-19-
20
6.3.1.5 In the 128 LATA for double Tandem routed traffic, where
the Tandem Party switches to the End Office Party's Tandem using its own
facilities, the revenue distribution is as noted above in Section 6.3.1.4,
except that the percentages shall be applied at ninety percent (90%) rather than
seventy percent (70%). However, if the Tandem Party requests a conventional
routing directly into the End Office Party's End Office, and the End Office
Party does not make a direct End Office connection available to the Tandem Party
within two (2) months of the request, the billing will occur as if the traffic
were conventionally routed and the Tandem Party was switching directly to the
End Office, as stated in the paragraph above.
6.3.1.6 Nothing in this section changes or otherwise modifies BA's
provision of switched carrier access pursuant to its applicable tariffs. These
arrangements shall apply only when TCG or BA provide alternative switched
carrier access services to interexchange carriers ("IXCs") for origination or
termination of calls between an IXC and either Parties' Customers.
6.3.2.1 For jointly provided wireless traffic, the Party receiving
the traffic directly from the wireless carrier shall ▇▇▇▇ that traffic at its
appropriate tariffed rates. That Party shall keep twenty five percent (25%) of
revenues collected and shall distribute the remaining seventy five percent (75%)
of the revenues to the End Office Party. The Parties agree to continue
negotiations with respect to this provision, with the intent of agreeing on
mutually acceptable revisions within 30 business days after the Effective Date.
6.3.2.2 Nothing in this section changes or otherwise modifies BA's
provision of wireless services pursuant to its applicable tariffs. These
arrangements shall apply only when TCG or BA provide alternative wireless
services to wireless carriers for origination or termination of calls between a
wireless carrier and either Parties' Customers.
6.3.3 The provisions of Sections 6.3.1.4, 6.3.1.5 and 6.3.2.1 are
contingent upon Switched Exchange Access Service charges as they exist as of the
time of execution of this Agreement. The Parties recognize that the FCC or the
DPU may change, revise, or otherwise modify Switched Exchange Access Service. In
the event that the DPU or the FCC modifies or changes the current Switch
Exchange Access Service or wireless rate structures, including but not limited
to redirecting the allocation of the recovery of various costs between rate
elements, the Parties will renegotiate revised Meet Point Billing Arrangements
to ensure a fair and reasonable allocation of revenues. Until such time as the
Parties agree upon revised Meet Point Billing Arrangements the provisions of
Sections 6.3.1.4, 6.3.1.5 and 6.3.2.1 will remain in effect subject to a true-up
to reflect the revised Meet Point Billing Arrangements.
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 Information Services Traffic
7.1.1 Each Party shall route Information Services Traffic which
originates on its own network to the appropriate information services
platform(s) connected to the other Party's network. TCG and BA will jointly
establish a dedicated trunk group to the BA information services tandem switch.
This trunk group will be utilized to allow TCG to route Information Services
Traffic originated on its network to BA, and to allow TCG to receive Information
Services Traffic from BA for a trial of interim number portability arrangements
related to Information Services Traffic.
7.1.2 In Massachusetts, subscriber priced Information Services,
including but not limited to Interactive Information Network Service, shall be
available when the originating Party orders separate trunks to the terminating
Party for termination of such traffic only. The terminating Party will charge
the originating Party $.03 per minute of use for transport and switching. The
terminating Party will make available, upon request from the originating Party,
rating service at a charge of $.03 per message plus a $15,000 non-recurring
charge, provided that the originating Party provides the terminating Party with
call records free of charge. Under rating service the terminating Party will
rate calls placed by the Originating Party's Customers and terminating to
Information Provider services on the terminating Party's network, according to
the rates established by such Information Providers. The terminating Party will
then provide the rated call records to the originating Party. The terminating
Party will not ▇▇▇▇ and collect for such rated calls. Alternatively, at the
originating Party's option, it may purchase a rating table from the terminating
Party at the rate set forth in the Pricing Schedule. The originating Party is
-20-
21
responsible for all payments due the Information Providers to whose programs
that Party's Customer places calls, and other obligations and relationships with
such Information Providers.
7.1.3 Nothing in this agreement shall restrict either Party from
offering to its Exchange Service Customer the ability to block the completion of
Information Services Traffic.
7.2 Tandem Transit Service ("Transit Service")
7.2.1 "Transit Service" means the delivery of certain traffic
between TCG and a LEC by BA over the Traffic Exchange Trunks. The following
traffic types will be delivered: (i) Local Traffic or IntraLATA Toll Traffic
originated from TCG to such LEC and (ii) Local Traffic or IntraLATA Toll Traffic
originated from such LEC and terminated to TCG.
7.2.2 Subject to Section 7.2.4, the Parties shall compensate each
other for Transit Service as follows:
(a) TCG shall pay BA for Local Traffic TCG originates over the
Transit Service at the rate specified in the Pricing
Schedule plus any additional charges or costs such
terminating LEC imposes or levies on BA for the delivery
or termination of such traffic, including any switched
access charges; and
(b) BA shall pay TCG for Local, InterLATA, or IntraLATA Toll
Traffic terminated to TCG from such LEC at the appropriate
reciprocal compensation rates described in Section 5.7,
InterLATA access rates, or (where BA delivers such traffic
pursuant to the Department's primary toll carrier plan or
other similar plan) at TCG's applicable switched access
rates or local termination rate, whichever is appropriate.
7.2.3 While the Parties agree that it is the responsibility of a
LEC to enter into arrangements to deliver Local Traffic to TCG, they acknowledge
that such arrangements are not currently in place and an interim arrangement is
necessary to ensure traffic completion. Accordingly, until the earlier of (i)
the date on which either Party has entered into an arrangement with such LEC to
deliver Local Traffic to TCG or (ii) one hundred and eighty (180) days after the
Interconnection Activation Date, BA will deliver and TCG will terminate Local
Traffic originated from such LEC without charge to one another.
7.2.4 BA expects that all networks involved in Transit Service
will deliver each call to each involved network with CCIS and the appropriate
Transactional Capabilities Application Part ("TCAP") message to facilitate full
interoperability of those services supported by BA as noted in Section 1.12 and
billing functions. In all cases, TCG is responsible to follow the Exchange
Message Record ("EMR") standard and exchange records with both BA and the
terminating LEC to facilitate the billing process to the originating network.
7.2.5 For purposes of this Section 7.2, BA agrees that it shall
make available to TCG, at TCG' s sole option, any transiting arrangement BA
offers to another LEC at the same rates, terms and conditions provided to such
other LEC.
7.3 Dedicated Transit Service
7.3.1 "Dedicated Transit Service" provides for the dedicated
connection between a TCG collocation arrangement established pursuant to
applicable tariffs and/or license agreements at a BA premises and a collocation
arrangement of a third Party carrier that maintains a collocation arrangement at
the same premises. Dedicated Transit Service shall be provided using a
cross-connection (dedicated connection) using suitable BA-provided cable or
transmission facilities or any other mutually agreed upon arrangement.
7.3.2 The carrier that requests the Dedicated Transit Service
shall be the customer of record for both ends of the service in terms of
ordering, provisioning, maintenance, and billing. Alternative arrangements may
be utilized if agreed upon by all three Parties.
7.4 911/E911 Arrangements
-21-
22
7.4.1 Definition. 911 and E911 traffic refers to emergency calls
originated by dialing 9-1-1. Other emergency calls include calls routed to an
operator position by dialing 0-. The Parties agree to cooperate to ensure the
seamless operation of emergency call networks, including ▇▇▇, ▇-▇▇▇ and 0-
calls.
7.4.2 The Parties agree to establish unique Trunk Groups to
properly route E911 traffic where the end user subscriber has dialed 911. Calls
originating on TCG's network will be routed to the appropriate BA 911 Tandem
and/or selective router for routing to the PSAP ("PSAP") serving the end user.
This Trunk Group will be established between TCG's switching entity(ies) and
BA's 911 Tandems as a one-way CAMA MF trunk group. When SS7 connectivity is
available, the Parties agree to implement CCS trunking. The capacity of these
trunk groups will be determined pursuant to existing State, local and BA
guidelines. BA shall provide TCG with the following:
a) Processes and requirements for ordering trunks. TCG shall be
responsible for issuing E911 trunk group orders to BA.
b) Trunk group specifications. The Parties agree these trunks
will use either CAMA MF or SS7 signaling.
c) Tandem CLLI codes, circuit IDs.
d) Description of BA diversity for facility routing.
e) Maintenance requirements for this trunk group, including, but
not limited to contact points, escalation lists, including 24
by 7 availability, etc.
7.4.3 TCG will interconnect to the BA 911/E911 selective
router/911 tandems which serve the areas in which TCG provides exchange
services, for the provision of 911/E911 services and for access to all
sub-tending Public Safety Answering Points ("PSAPs"). BA will provide TCG with
the appropriate CLLI codes and specifications of the tandem serving area.
7.4.4 Path and route diverse interconnections for 911/E911 shall
be made at the Network Interconnection Points (NIPs), or other points as
necessary and mutually agreed.
7.4.5 BA will provide TCG with an electronic interface through
which TCG shall input and provide a daily update of 911/E911 database
information related to appropriate TCG Customers. BA will provide TCG with the
Master Street Address Guide ("MSAG") so that TCG can ensure the accuracy of the
data transfer. Additionally, BA shall assist TCG in identifying the appropriate
person in each municipality for the purpose of obtaining the ten-digit
Subscriber number of each PSAP. If electronic data entry is not available, BA,
as the operator of the Automatic Location Identifier (ALI) database, will
establish interim processes and procedures to receive and process TCG customer
information within twenty-four (24) hours. BA has provided TCG with the record
input format.
7.4.6 BA and TCG will use their best efforts to facilitate the
prompt, robust, reliable and efficient interconnection of TCG systems to the
911/E911 platforms.
7.4.7 BA and TCG will work cooperatively to arrange meetings with
PSAPs to answer any technical questions the PSAPs, or county or municipal
coordinators may have regarding the 911/E911 arrangements.
7.4.8 TCG will compensate BA for connections to its 911/E911
pursuant to the Pricing Schedule.
7.4.9 TCG and BA will comply with all applicable rules and
regulations pertaining to the provision of 911/E911 services in the Commonwealth
of Massachusetts.
7.4.10 BA agrees to furnish to TCG at a charge set forth in the
Pricing Schedule for a one (1) year subscription for the list of 10 digit
administrative numbers for the PSAPs in the Eastern Massachusetts LATA (LATA
128). TCG agrees to hold this information proprietary and will use the
information solely for the purpose of routing 0 minus for emergency calls from
the TCG Operator Services platform to the PSAPs. BA agrees to provide TCG with
updates to this information in accordance with the terms and conditions of the
Emergency Bulletin Service subscription.
-22-
23
7.4.11 Master Street Address Guide. Based on the frequency of
updates, BA agrees to provide bi-annually free of charge to TCG the Master
Street Address Guide (MSAG) for the LATA in which TCG operates. The MSAG will be
provided in machine readable format (diskette or 9-track magnetic tape) on
January 2nd and July 1st of each year. The Parties further agree BA will provide
TCG with copies on a more frequent basis for a fee of $250.00 per LATA. The
Parties will cooperate to ensure the accuracy of the MSAG, and agree to work
together to resolve any error reports generated BA agrees to provide feedback to
municipal and PSAP representatives of errors discovered by TCG.
8.0 JOINT NETWORK CONFIGURATION AND GROOMING PLAN; AND INSTALLATION,
MAINTENANCE, TESTING AND REPAIR.
8.1 Joint Network configuration and Grooming Plan. Within six (6) months of
execution of this Agreement, TCG and BA shall jointly develop a grooming plan
(the "Joint Grooming Plan") which shall define and detail, inter alia,
(a) agreement on Physical Architecture
(b) standards to ensure that Interconnection trunk groups
experience a grade of service, availability and quality which
is comparable to that achieved on interoffice trunks within
BA's network and in accord with all appropriate relevant
industry-accepted quality, reliability and availability
standards;
(c) the respective duties and responsibilities of the Parties with
respect to the administration and maintenance of the trunk
groups, including but not limited to standards and procedures
for notification and discoveries of trunk disconnects;
(d) disaster recovery provision escalations;
(e) a mutually agreeable alternative routing plan; and
(f) such other matters as the Parties may agree.
8.2 Installation, Maintenance, Testing and Repair. Where facilities exist,
BA's standard intervals as set forth in Schedule 8.2 will be utilized in
connection with the establishment of all Interconnection trunking arrangements
between the Parties. TCG shall meet the same intervals for comparable
installations, maintenance, joint testing, and repair of its facilities and
services associated with or used in conjunction with Interconnection. If either
Party is unable to meet the intervals specified herein, that Party shall notify
the other and will negotiate additional intervals in good faith.
9.0 UNBUNDLED ACCESS -- SECTION 251(C)(3)
9.1 Local Link Transmission Types
Subject to Section 9.5, BA shall allow TCG to access the following Link
types (in addition to those Links available under applicable tariffs) unbundled
from local switching and local transport in accordance with the terms and
conditions set forth in this Section 9.0.
9.1.1 "2-Wire Analog Voice Grade Links" or "Analog 2W" which
support analog transmission of 300-3000 Hz, repeat link start, link reverse
battery, or ground start seizure and disconnect in one direction (toward the End
Office Switch), and repeat ringing in the other direction (toward the Customer).
Analog 2W include Links sufficient for the provision of PBX trunks, pay
telephone lines and electronic key system lines.
9.1.2 "4-Wire Analog Voice Grade Links" or "Analog 4W" which
support transmission of voice grade signals using separate transmit and receive
paths and terminate in a 4-wire electrical interface.
9.1.3 "2-Wire ISDN Digital Grade Links" or "BRI ISDN" (Premium
Link) which support digital transmission of two 64 Kbps bearer channels and one
16 Kbps data channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated
Services Digital Network ("BRI-ISDN") Link which will meet national ISDN
standards and conform to ANSI T1.601-1992 & T1E1.4 90- 004R3.
9.2 ADSL and HDSL
-23-
24
The Parties acknowledge that ADSL is not currently deployed for
use in the BA network. If the issues surrounding deployment of ADSL in BA's
network are satisfactorily resolved and ADSL is deployed, BA shall allow TCG to
access ADSL Links unbundled from local switching and local transport in
accordance with the terms and conditions set forth in this Section 9.0.
9.2.1 "2-Wire ADSL-Compatible Link" or "ADSL 2W" is a transmission
path which facilitates the transmission of up to a 6 Mbps digital signal
downstream (toward the Customer) and up to a 640 Kpbs digital signal upstream
(away from the Customer) while simultaneously carrying an analog voice signal.
An ADSL-2W is provided over a 2-Wire non- loaded twisted copper pair provisioned
using revised resistance design guidelines and meeting ANSI Standard
T1.413-1995-007R2. An ADSL-2W terminates in a 2-wire electrical interface at the
Customer premises and at the BA Central Office frame. ADSL technology can only
be deployed over Links which extend less than 18 Kft. from BA's Central Office.
ADSL compatible Links are only available where existing copper facilities can
meet the ANSI T1.413-1995-007R2 specifications.
9.2.2 "2-Wire HDSL-Compatible Link" or "HDSL 2W" is a transmission
path which facilitates the transmission of a 768 Kbps digital signal over a
2-Wire non-loaded twisted copper pair meeting the specifications in ANSI T1E1
Committee Technical Report Number 28 / T1E1.4/92-002R3. HDSL compatible Links
are available only where existing copper facilities can meet the T1E1 Technical
Report Number 28 specifications.
9.2.3 "4-Wire HDSL-Compatible Link" or "HDSL 4W" is a transmission
path which facilitates the transmission of a 1.544 Mbps digital signal over two
2-Wire non-loaded twisted copper pairs meeting the specifications in ANSI T1E1
Committee Technical Report Number 28. HDSL compatible Links are available only
where existing copper facilities can meet the specifications.
9.2.4 Links will be offered on the terms and conditions specified
herein and on such other terms in applicable tariffs that are not inconsistent
with the terms and conditions set forth herein. BA shall make Links available to
TCG at the rates specified by the Department, as amended from time to time.
9.3 Port Types
BA shall make available to TCG unbundled Ports upon request under terms to
be negotiated by the parties and at rates that have been established by the
Department in the Consolidated Arbitrations, as those rates may be amended or
revised from time to time, or in accordance with the terms and conditions of and
at the rates specified in applicable tariffs.
9.4 Private Lines, Special Access and Switched Transport
BA shall provide unbundled private lines, special access and switched local
transport from the trunk side of its switches in accordance with the terms and
conditions of and at the rates specified in applicable tariffs.
9.5 Limitations on Unbundled Access
9.5.1 TCG may not cross-connect a BA-provided Link to a
BA-provided Port but instead shall purchase a network access line under
applicable tariffs.
9.5.2 BA shall only be required to provide Links and Ports where
such Links and Ports are available.
9.5.3 TCG shall access BA's unbundled Network Elements
specifically identified in this Agreement via Collocation in accordance with
Section 12.0 at the BA Wire Center where those elements exist and each Link or
Port shall be delivered to TCG's Collocation node by means of a Service Access
Charge at the rates set forth in Pricing Schedule.
9.5.4 BA shall provide TCG access to its unbundled Links at each
of BA's Wire Centers. In addition, if TCG requests one or more Links serviced by
Integrated Digital Link Carrier or Remote Switching technology deployed as a
Link concentrator, BA shall, where available, move the requested Link(s) to a
spare, existing physical Link at no charge to TCG. If, however, no spare
physical Link is available, BA shall within three (3) business days of TCG's
request notify TCG of the lack of available facilities. TCG may then at its
discretion make a Network Element Bona Fide Request to BA to provide the
unbundled Link through the demultiplexing of the integrated digitized Link(s).
TCG may
-24-
25
also make a Network Element Bona Fide Request for access to unbundled Links at
the Link concentration site point. Notwithstanding anything to the contrary in
this Agreement, the provisioning intervals set forth in Section 9.7 shall not
apply to unbundled Links provided under this Section 9.5.4.
9.5.5 If TCG orders a Link type and the distance requested on such
Link exceeds the transmission characteristics as referenced in the corresponding
Technical Reference specified below, distance extensions may be required and
additional rates and charges shall apply as set forth on the Pricing Schedule.
Parties agree that full technical solutions may not be available for HDSL and
ADSL for these arrangements at the signing of this agreement, but will make a
good faith effort to implement such solutions.
Link Type Technical Reference/Limitation
Electronic Key Line 2.5 miles
ISDN Bellcore TA-NWT-000393
HDSL 2W T1E1 Technical Report Number 28
HDSL 4W T1E1 Technical Report Number 28
ADSL 2W ANSI T1.413-1995 Specification
9.6 Availability of Other Network Elements on an Unbundled Basis
9.6.1 BA shall, upon request of TCG, at any technically feasible
point provide to TCG access to its Network Elements on an unbundled basis for
the provision of TCG'S telecommunications Service. Any request by TCG for access
to a BA Network Element that is not already available shall be treated as a
Network Element Bona Fide Request. TCG shall provide BA access to its Network
Elements as mutually agreed by the Parties or as required by the Act, Department
or FCC.
9.6.2 A Network Element obtained by one Party from the other Party
under this Section 9.6 may be used in combination with the facilities of the
requesting Party only to provide a Telecommunications Service, including
obtaining billing and collection, transmission, and routing of the
Telecommunications Service.
9.6.3 Notwithstanding anything to the contrary in this Section
9.6, a Party shall not be required to provide a proprietary Network Element to
the other Party under this Section 9.6 except as required by the Act, Department
or FCC or by law.
9.7 Provisioning of Unbundled Links
The following coordination procedures shall apply for new unbundled Links
and the conversions of "live" Telephone Exchange Services to unbundled Links
(herein after referred to as "hot cuts"):
9.7.1 TCG shall request unbundled Links from BA by delivering to
BA a valid electronic transmittal Service Order using the BA electronic ordering
platform (as cooperatively designed and implemented to meet the minimum
requirements for information exchange needed to order and provision services to
certified local exchange carriers and enhanced to support industry standards as
developed for interconnection services) or another mutually agreed upon system.
Within 2 business days of BA's receipt of a Service Order, BA shall provide TCG
the firm order commitment ("FOC") date.
9.7.2 BA agrees to accept from TCG at the time the service request
is submitted for scheduled conversion of hot cut unbundled Link orders, a
desired date and time (the "Scheduled Conversion Time") in the "A.M." (12:01
midnight to 12:00 noon) or "P.M." (12:01 noon to 12:00 midnight) (as applicable,
the "Conversion Window") for the hot cut.
9.7.3 BA shall test for TCG dial tone at the POT Bay by testing
through the tie cable provisioned between the BA main distributing frame and the
TCG expanded interconnection node forty eight (48) hours prior to the Scheduled
Conversion Time.
9.7.4 Not less than one hour prior to the Scheduled Conversion
Time, either Party may contact the other Party and unilaterally designate a new
Scheduled Conversion Time (the "New Conversion Time"). If the New Conversion
Time is within the Conversion Window, no charges shall be assessed on or waived
by either Party. If, however, the New Conversion Time is outside of the
Conversion Window, the Party requesting such New Conversion Time shall be
subject to the following:
If BA requests the New Conversion Time, the applicable Service Order
Charge shall be waived; and
-25-
26
If TCG requests the New Conversion Time, TCG shall be assessed a
Service Order Charge in addition to the Line Connection Charge that
will be incurred for the New Conversion Time.
9.7.5 Except as otherwise agreed by the Parties for a specific
conversion, such as large cutovers of 10 lines or more that have negotiated
intervals, the Parties agree that the time interval expected from disconnection
of BA's "live" Telephone Exchange Service to the connection of an unbundled
Network Element at the TCG Collocation node's POT Bay will be accomplished
within a window of time of sixty (60) minutes or less. If a conversion exceeds
the specified interval and such delay is caused solely by BA (and not by a
contributing Delaying Event, BA shall waive the applicable tariffed Service
Order Charge for such element. If TCG has ordered INP with the installation of a
Link, BA will coordinate the implementation of INP with the Link conversion
during the above stated intervals at no additional charge.
9.7.6 If TCG requests or approves a BA technician to perform
services in excess of or not otherwise contemplated by the Line Connection
charge, BA may charge TCG for any additional and reasonable labor charges to
perform such services.
9.7.7 If as the result of end user actions, (e.g., Customer not
ready ["CNR"]), BA cannot complete requested work activity when a technician has
been dispatched to the site, TCG will be assessed a non-recurring charge
associated with this visit. This charge will be the sum of the Service Order
Charge and Premises Visit Charge as specified in the D.P.U. Mass. No. 10 Part M
Section 1.3.2.
9.7.8 Until such time as the DPU approves a non-recurring
unbundled network element Service Order Charge(s), an interim non-recurring
Service Order Charge shall be assessed on a per link (or other unbundled network
element) basis. The interim Service Order Charge shall equal the Central Office
Line Connection Charge to install a business network access line, as specified
in DPU Mass. No. 10, Part M, Section 1.3.1.
9.8 Maintenance of Unbundled Network Elements
If (i) TCG reports to BA a Customer trouble, (ii) TCG requests a dispatch,
(iii) BA dispatches a technician, and (iv) such trouble was not caused by BA's
facilities or equipment in whole or in part, then TCG shall pay BA a trip charge
of $60.00 and $28.15 per quarter hour for time associated with said dispatch
beyond the first 1/2 hour. In addition this charge also applies when the end
user contact as designated by TCG is not available at the appointed time. TCG
accepts responsibility for initial trouble isolation and providing BA with
appropriate dispatch information based on their test results. If as the result
of TCG instructions, BA is erroneously requested to dispatch within a BA Central
Office or to a POT Bay ("dispatch in"), a charge of $100.00 per occurrence will
be assessed to TCG by BA.
9.9 Acknowledgments Related to Unbundled Network Elements
9.9.1 TCG acknowledges that BA's provision of unbundled Links
provides it with local loop transmission from the central office to the
customer's premises, unbundled from local switching or other services.
9.9.2 TCG acknowledges that BA's provision of unbundled switched
transport provides it with local transport from the trunk side of a wireline
local exchange carrier switch unbundled from switching or other services.
9.9.3 TCG acknowledges that BA's provision of unbundled line-side
Ports and unbundled trunk-side Ports makes available local switching unbundled
from transport, local loop transmission and other services.
9.9.4 TCG acknowledges that the Network Element Bona Fide Request
Process established pursuant to this Agreement satisfies the requirements of the
Act to provide unbundled network elements.
10.0 RESALE -- SECTIONS 251(C)(4) AND 251(B)(1)
10.1 Availability of Wholesale Rates for Resale
BA shall offer to TCG for resale at wholesale rates its local exchange
telecommunications services, as described in Section 251(c)(4) of the Act, at
the rates
-26-
27
set forth in the Pricing Schedule, pending approval by the DPU of permanent
resale rates, pursuant to the terms and conditions of BA's applicable approved
tariffs.
10.2 Availability of Retail Rates for Resale
Each Party shall make available its Telecommunications Services for resale
at retail rates to the other Party in accordance with Section 251(b)(1) of the
Act in accordance with each Party's applicable approved tariffs.
10.3 Term and Volume Discounts
BA, in response to an TCG request, agrees to offer term and volume
discounts for resold retail services.
11.0 NOTICE OF CHANGES -- SECTION 251(C)(5)
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 at least ninety (90) days advance written notice
of such change to the other Party.
12.0 COLLOCATION -- SECTION 251(C)(6)
12.1 BA shall provide to TCG Physical Collocation for its transport
facilities and equipment, pursuant to the terms and conditions of BA's
applicable tariffs on file with the appropriate regulatory agency, as necessary
for Interconnection (pursuant to Section 4.0) or for access to unbundled Network
Elements (pursuant to Section 9.0). BA may provide for Virtual Collocation if BA
demonstrates to the Department that Physical Collocation is not practical for
technical reasons or because of space limitations, as provided in Section
251(c)(6) of the Act. Upon request by TCG and to the extent technically feasible
and as space permits, BA shall provide collocation at additional locations for
placement of such equipment and alternative physical collocation arrangements.
12.2 A Collocation Party shall have no jurisdictional limits on the use of
its facilities services within those collocated spaces; provided however all
services and facilities ordered from the other Party for interconnection at the
collocated space must be ordered according to the appropriate jurisdiction as
specified in applicable tariffs.
12.3 Although not required to do so by Section 251(c)(6) of the Act, by
this Agreement, TCG agrees to provide to BA upon BA's Network Element Bona Fide
Request, Collocation of equipment for purposes of Interconnection (pursuant to
Section 4.0) on a non-discriminatory basis and at comparable rates, terms and
conditions BA provides to TCG. TCG shall provide such Collocation subject to
applicable tariffs or contracts.
12.4 The Collocating Party shall provide its own or third-Party leased
transport facilities and terminate those transport facilities in equipment
located in its Physical Collocation space at the Housing Party's premises as
described in applicable tariffs or contracts and purchase Cross Connection to
services or facilities as described in applicable tariffs or contracts.
12.5 By January 1, 1998, the Parties will mutually develop a process to
determine appropriate timeframes for the provision of collocation and the
corresponding service intervals and appropriate remedies for failure to meet
such intervals.
12.6 Prior to January 1, 1998, the Parties shall provide collocation in an
End Office within one hundred (100) business days of the receipt of an
acceptable complete and accurate application for collocation, a certificate of
insurance and a fifty (50) percent deposit of the collocation charges.
13.0 NUMBER PORTABILITY -- SECTION 251(B)(2)
13.1 Scope
13.1.1 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 Department.
-27-
28
13.1.2 Until Number Portability is implemented by the industry
pursuant to regulations issued by the FCC or the Department, the Parties agree
to provide Interim Telecommunications Number Portability ("INP") to each other
through remote call forwarding, route indexing, and full NXX code migration at
the prices listed in the Pricing Schedule.
13.1.3 Once Number Portability is implemented pursuant to FCC or
Department 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 Number Portability. Upon implementation of Number Portability
pursuant to FCC regulation, both Parties agree to conform and provide such
Number Portability.
13.2 Procedures for Providing INP Through Remote Call Forwarding
TCG and BA will provide INP through Remote Call Forwarding as follows:
13.2.1 A Customer of one Party ("Party A") elects to become a
Customer of the other Party ("Party B"). The Customer elects to utilize the
original telephone number(s) corresponding to the Exchange Service(s) it
previously received from Party A, in conjunction with the Exchange Service(s) it
will now receive from Party B. Upon receipt of a signed letter of agency from
the Customer (and an associated service order) assigning the number to Party B,
Party A will implement an arrangement whereby all calls to the original
telephone number(s) will be forwarded to a new telephone number(s) designated by
Party B. Party A will route the forwarded traffic to Party B over the
appropriate Local/IntraLATA Trunks as if the call had originated on Party A's
network.
13.2.2 Party B will become the customer of record for the original
Party A telephone numbers subject to the INP arrangements. Party A shall use its
reasonable efforts to consolidate into as few billing statements as possible all
collect, calling card, and 3rd-number billed calls associated with those
numbers, with sub-account detail by retained number or Party B can have Party A
block such calls. At Party B's sole discretion, such billing statement shall be
delivered to Party B in an agreed-upon format via either electronic file
transfer, daily magnetic tape, or monthly magnetic tape.
13.2.3 Party A will update its Line Information Database ("LIDB")
listings for retained numbers, and restrict or cancel calling cards associated
with those forwarded numbers as directed by Party B.
13.2.4 Within two (2) business days of receiving notification from
the Customer, Party B shall notify Party A of the Customer's termination of
service with Party B, and shall further notify Party A as to that Customer's
instructions regarding its telephone number(s). Party A will reinstate service
to that Customer, cancel the INP arrangements for that Customer's telephone
number(s), or redirect the INP arrangement to another INP-participating-LEC
pursuant to the Customer's instructions at that time.
13.3 Procedures for Providing INP Through Route Indexing
Upon mutual agreement, BA will deploy a Route Index arrangement which
combines direct trunks, provisioned between BA's and TCG'S end offices, with
trunk side routing translations. Under this arrangement, inbound calls to a
ported number will be pointed at a route index that sends the call to a
dedicated trunk group, built as a direct final, for the sole purpose of
facilitating completion of calls to a ported number. BA will coordinate with TCG
to provide this solution in a mutually agreeable and administratively manageable
manner (e.g., NXX level) so as to minimize switch resource utilization for both
Parties.
13.4 Procedures for Providing INP Through Full NXX Code Migration
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 movements of NXXs from one switch to
another.
13.5 Other Interim Number Portability Options
-28-
29
TCG may also request direct inward dial trunks pursuant to applicable
tariffs. If information on the interim number portability is made available to
any Party it will be made available to TCG.
13.6 Receipt of Terminating Compensation on Traffic to INP'ed Numbers
The Parties agree that under INP terminating compensation on calls to
INP'ed numbers should be received by each Customer's chosen LEC as if each call
to the Customer had been originally addressed by the caller to a telephone
number bearing an NPA-NXX directly assigned to the Customer's chosen LEC. In
order to accomplish this objective where INP is employed, the Parties shall
utilize the process set forth in this Section 13.6 whereby terminating
compensation on calls subject to INP will be passed from the Party which
performs the INP (the "Performing Party") to the other Party for whose Customer
the INP is provided (the "Receiving Party").
13.6.1 The Parties shall individually and collectively track and
quantify INP traffic between their networks based on the CPN of each call by
identifying CPNs which are INP'ed numbers. The Receiving Party shall charge the
Performing Party for each minute of INP traffic at the INP Traffic Rate
specified in Section 13.6.3 in lieu of any other compensation charges for
terminating such traffic.
13.6.2 By the Interconnection Activation Date in each LATA, the
Parties shall jointly estimate for the prospective year, based on historic data
of all traffic in the LATA, the percentages of such traffic that if dialed to
telephone numbers bearing NPA-NXXs directly assigned to a Receiving Party (as
opposed to the INP'ed number) would have been subject to (i) Reciprocal
Compensation ("Reciprocal Local Traffic"), (ii) Reciprocal Compensation for
IntraLATA Toll Traffic ("Reciprocal IntraLATA Toll Traffic"), (iii) appropriate
intrastate Feature Group D ("FGD") charges pursuant to Section 6.3 ("Intra
Traffic"), (iv) interstate FGD charges pursuant to Section 6.3 ("Inter
Traffic"), or (v) handling as Local Traffic under transiting arrangements
between the Parties ("Transit Traffic"). On the date which is six (6) months
after the Interconnection Activation Date, and thereafter on each succeeding six
(6) month anniversary of such Interconnection Activation Date, the Parties shall
establish new INP traffic percentages to be applied in the prospective six (6)
month period, based on actual INP traffic percentages from the preceding six (6)
month period.
13.6.3 The INP Traffic Rate shall be equal to the sum of:
(Local Reciprocal Traffic percentage times the Local
Reciprocal Compensation Rate set forth in the Pricing
Schedule) plus (IntraLATA Toll Reciprocal Traffic percentage
times BA's effective intrastate FGD rates, less rates for
tandem switching and transport functions performed by the
Performing Party) plus (Interstate IntraLATA Traffic
percentage times BA's effective interstate FGD rates, less
rates for tandem switching and transport functions performed
by the Performing Party).
A rate of zero shall be applied to the Transit Traffic percentage.
14.0 NUMBER RESOURCES ASSIGNMENTS
14.1 The Parties agree that the North American Numbering Plan ("NANP")
Administrator for the state will provide all NANP Administrator functions to the
Parties in accordance with industry standards and guidelines, including the
Central Office Guidelines.
14.2 For as long as BA functions as the NANP Administrator, the Parties
agree that these services will be provided without charge.
14.3 The Parties will each be responsible for the electronic input of their
respective number assignment information into the BELLCORE-administered LERG
systems (BRADS and RDBS).
14.4 Codes will be assigned to rate center(s) as required the rules of the
DPU or FCC.
14.5 The Parties will maintain utilization and forecast of number resources
and file utilization reports as required by industry standards and fora.
14.6 The Parties will age and re-use numbers on a schedule as required by
industry practices.
-29-
30
14.7 Nothing in this document can be construed to require either Party to
mirror the retail rate plans or structures of the other.
14.8 The Parties agree to engage in fair and equitable treatment of each
other in the assignment of NXX Codes such that the Parties are afforded the
opportunity to obtain available codes upon request
14.9 If either Party functions as the NANP Administrator, that Party agrees
to meet all industry guidelines regarding timing of assignment of codes.
14.10 The Parties shall cooperate to mutually perform VETS testing on all
NXXs opened by TCG in Massachusetts.
15.0 DIALING PARITY -- SECTION 251(B)(3)
BA shall provide Local Dialing Parity as required under Section 251(b)(3)
of the Act in the following manner: Telephone numbers are provided pursuant to
Section 14.0; Directory Assistance is provided pursuant to Section 19.2;
Directory Listings are provided pursuant to Section 19.1; and Operator Services
are provided pursuant to Section 19.2.4.
-30-
31
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it owns or controls, to the extent permitted by law
and as required by Section 224 of the Act or Department Order, on terms,
conditions and prices comparable to those offered to any other entity pursuant
to the attached.
17.0 DATABASES AND SIGNALING
BA shall provide TCG with interfaces to access BA's databases, including
LIDB and 800/888, as well as DCAS or any other system that BA may subsequently
make available in Massachusetts for ordering and provisioning purposes, and
associated signaling necessary for the routing and completion of TCG's traffic
through the provision of SS7 under its applicable tariffs.
18.0 REFERRAL ANNOUNCEMENT
When a Customer changes its service provider from BA to TCG, or from TCG to
BA, and does not retain its original telephone number, the Party formerly
providing service to such Customer shall provide a referral announcement
("Referral Announcement") on the abandoned telephone number which provides
details on the Customer's new number. Referral Announcements shall be provided
reciprocally, free of charge to either the other Party or the Customer, for a
period of not less than four (4) months after the date the Customer changes its
telephone number in the case of business Customers and not less than sixty (60)
days after the date the Customer changes its telephone number in the case of
residential Customers. However, if either Party provides Referral Announcements
for a period different than the above respective periods when its Customers
change their telephone numbers, such Party shall provide the same level of
service to Customers of the other Party.
19.0 DIRECTORY SERVICES ARRANGEMENTS
BA will provide certain directory services to TCG as defined herein. In
this Section 19.0 of this Agreement, references to TCG Customer telephone
numbers means telephone numbers falling within NXX codes directly assigned to
TCG and to numbers which are retained by TCG's on the Customer's behalf pursuant
to Interim Telecommunications Number Portability arrangements described in
Section 13 of this Agreement.
19.1 Directory Listings and Directory Distributions
19.1.1 BA will include TCG's Customers telephone numbers in all of
its "White Pages" and "Yellow Pages" directory listings (including electronic
directories) and directory assistance databases associated with the areas in
which TCG provides services to such Customers, and will distribute such
directories to such Customers, in an identical and transparent to the manner in
which it provides those functions for its own Customers' telephone numbers.
19.1.2 BA will include all TCG NXX codes associated with the
geographic areas to which each directory pertains, along with BA's own NXX codes
in any maps or lists of such codes which are contained in the general reference
portions of the directories. TCG's NXX codes shall appear in such maps or lists
in the same manner as BA's codes NXX information.
19.1.3 TCG will provide BA with its directory listings and daily
updates to those listings (including new, changed, and deleted listings) in a
mutually agreed upon format at no charge.
19.1.4 BA will accord TCG's directory listing information the same
level of confidentiality which BA accords its own directory listing information.
19.1.5 BA shall provide TCG at no charge with (i) one basic single
line white and yellow page directory listing per business Customer number, or
one basic single line white page directory listing per residence Customer
number, (ii) directory distribution for TCG Customers, and (iii) listings of TCG
Customers in the directory assistance database.
19.1.6 BA will provide TCG with a report of all TCG Customer
listings ninety (90) days prior to directory publication in such form and format
as may be mutually
-31-
32
agreed to by both Parties. Both Parties shall use their best efforts to ensure
the accurate listing of such information.
19.1.7 The Parties will work cooperatively to establish an
electronic interface for the submission of the TCG Customer information to
include the TCG Customer's telephone numbers in BA Directory listings and
directory customer database from one Party to the other, e.g., DCAS or a similar
system. The Parties agree to work within the national standards fora, such as
the Ordering and Billing Forum, to establish, approve and implement an industry
standard electronic interface.
19.1.8 The Parties agree to work cooperatively to implement
interim processes and procedures for submission of the required information
under this Section.
19.1.9 Commingled listings will appear in the appropriate
configuration for the particular directory (e.g., either interfiled or
sectionalize by locality).
19.1.10 Foreign Listings. The Party publishing the directories
agrees to afford the Customers of the other Party the ability to purchase a
listing in a foreign directory pursuant to applicable tariffs.
19.1.11 Yellow Page Maintenance
BA will work cooperatively with TCG so that Yellow Page
advertisements purchased by Customers who switch their service to TCG (including
Customers utilizing Interim Telephone Number Portability) are maintained without
interruption. BA will allow TCG Customers to purchase new yellow pages
advertisements without discrimination, under the identical rates, terms and
conditions that apply to BA's customers.
19.1.12 Information Pages
BA will include in the "Information Pages" or comparable section
of its White Pages Directories for the geographic areas served by TCG, telephone
numbers provided by TCG for TCG's installation, repair and customer service,
including appropriate identifying logo. Such listings shall appear in the manner
that such information appears for subscribers of BA and other LECs. BA shall not
charge TCG for inclusion of this information.
19.2 Directory Assistance ("DA") and Operator Services
Under this option, BA will provide Directory Assistance to TCG end users on
behalf of TCG.
BA will offer Directory Assistance ("DA") service to TCG's customers served
by TCG's own switch over separate trunk groups ordered or provided by TCG to the
BA TOPS switch(es) as specified by BA. Access to the BA DA platform from TCG's
local switch requires that TCG utilize Feature Group C ("FG-C") Modified
Operator Services Signaling. The Interoffice Transmission Facility ("IOF")
mileage rate for the facility will be based on airline mileage using V&H
coordinate methods from the TCG location to the nearest BA TOPS. Trunk
terminations at the TOPS switch(es) require TCG to purchase trunk ports at rates
specified in the Pricing Schedule. For each trunk group TCG must indicate the DA
option selected as set forth in 19.2.2 (a), (b) and (c) immediately following.
BA also provides TCG, using the unbundled local switching element, access to
this optional service either through dedicated IOF and trunk ports or on shared
operator service trunks between the end office in which they have unbundled
local switching ports and the TOPS switches. Additional per minute of use
("MOU") local switching charges will apply for all calls which interconnect from
the unbundled local switching ports to the BA TOPS as described in the Pricing
Schedule.
19.2.1 Directory Assistance
This option provides TCG end users access to Telephone Directory
Assistance operators via 411, 555-1212, or 1+ (NPA) 555-1212 dialing.
Rates for requests for Directory Assistance will be billed to TCG
and are set forth in the Pricing Schedule.
There are no Directory Assistance call allowances provided to TCG
or their end users.
-32-
33
19.2.2 Directory Assistance with Branding
This service allows TCG to select only one of the three options as
follows:
*(a) TCG may provide BA with a TCG branded, introductory Directory
Assistance and Operator Services announcement which will be played for all TCG
end users completing DA or Operator Services calls over the trunk group to the
BA TOPS.
*(b) TCG may request BA branded announcement.
*(c) TCG may request an unbranded, generic announcement.
This message may be a maximum of eighteen (18) seconds and may be
recorded by TCG or, at TCG's request, by BA. A minimum of two (2) audio cassette
recordings of the TCG branding announcement must be forwarded to BA.
Rates for requests for Directory Assistance with branding will be
billed to TCG and are set forth in the Pricing Schedule.
19.3 Directory Assistance Call Completion ("DACC")
This option provides for automatic connection of a TCG end user calling BA
DA to the published telephone number requested.
After the BA DA operator provides the requested number, a recorded service
message will offer to connect the caller to that number for a specified
additional charge.
The caller can accept the offer for DACC by depressing a button (touch
tone) or responding by voice (dial), as instructed by the voice message.
The DACC charge will apply as set forth in the Pricing Schedule. In
addition, for calls originating from a facilities-based TCG switch or for calls
from TCG unbundled local switching line ports, there will be charges to
terminate the call from the TOPS tandem to the called party. These include the
per minute of use Unbundled Tandem Transport Charges ("UTTC") assessed for each
call transported between the TOPS tandem and the end office, the per minute of
use Tandem Transit Switching Charge ("TTSC") assessed for each call that
traverses a BA tandem switch, and the appropriate per minute of use charges for
reciprocal compensation ("UNRCC" or "UCRCC") depending on the terminating end
office switch, as set forth in the Pricing Schedule.
DACC is available to TCG residence and business customers and from
public telephones on a collect, ▇▇▇▇ to third number or calling card basis. The
charge appropriate to the billing option used will apply in addition to the DACC
charge.
DACC is available with all telephone numbers in the BA DA database
except:
- non-published telephone numbers
- interLATA numbers
- 700, 800 and 900 numbers
When a caller requests more than one number for Directory
Assistance, DACC is offered only for the first eligible listing that was
selected by the operator.
The DACC charge applies only to calls actually completed.
The DACC charge will be credited for completion of calls to the
wrong number, incomplete connections or calls with unsatisfactory transmission
as set forth in Section 19.4 following.
Rates for requests for DACC will be billed to TCG as set forth in the
Pricing Schedule.
19.4 Directory Assistance Credits
A credit allowance will apply to TCG for directory inaccessibility, wrong
numbers, cut-offs or poor transmission. When the TCG end user reports to the BA
directory assistance operator such a call and the number requested, the number
provided and the reason the number provided is incorrect, the number of calls
for which a credit will apply will be developed by the BA DA operator and
credited to TCG identifying the specific TCG end user to whom the credit
applies.
-33-
34
19.5 Direct Access to Directory Assistance ("DADA")
Direct Access to Directory Assistance ("DADA") is a database service that
provides for access to BA listings by a TCG operator. The DADA database is a
physically distinct entity from the BA DA database, populated with identical
listing data, and updated from the same source on a daily basis.
TCG is required to arrange for Interconnection to the database. BA
will interconnect at any technically feasible point designated by TCG.
BA will provide TCG with a User Guide for training its agents.
Rates and Charges for DADA are set forth in the Pricing Schedule.
19.6 Inward Operator Services
Inward Operator Services enables the TCG end user or its operator service
provider to be connected to the BA Traffic Operation Position Systems ("TOPS")
office(s) for the purpose of providing operator services to their end users.
There are two types of Inward Operator Services:
(i) Busy Line Verification ("BLV"):
BLV is an option where, at the request of TCG's end user or its operator
service provider, a BA operator will attempt to determine the status of an
exchange service line (e.g., conversation in progress, available to receive a
call or out of service) and report to TCG's end user or its operator service
provider.
(ii) Busy Line Verification/Interrupt ("BLV/I")
BLV/I is an option where, at the request of TCG's end user or its operator
service provider, a BA operator determines and reports that a conversation is in
progress on an exchange service line and subsequently interrupts such
conversation to request that the conversation be terminated so that TCG's end
user can attempt to complete a call to the line.
Inward Operator Services are provided over trunk groups ordered by
TCG or its alternate operator service provider to the BA TOPS switch(es) as
specified by BA.
Inward Operator Services cannot be provided on ported telephone
numbers, telephone number which forward calls using Call Forwarding Variable
service features.
- BA will provide BLV and BLV/I for telephone numbers provided in
its operating territory.
- The BA operator will respond to one telephone number per call on
requests for BLV or BLV/I.
- BA will designate which TOPS switch(es) services which NXXs and
make such information available to TCG.
- TCG shall order Inward Operator Services as set forth in this
Section.
- TCG and its customer shall indemnify and save BA harmless against
all claims that may arise from either party to the interrupted call or
any other person.
Rates and Charges for Inward Operator Services are set forth in
the Pricing Schedule.
19.7 Operator Service ("OS")
Under this option, BA shall provide for the routing of Operator Services
calls dialed by TCG subscribers directly to either the TCG Operator Services
platform or to the BA Operator Services platform as specified by TCG.
BA will offer OS to TCG customers served by TCG switches over separate
trunk groups ordered or provided by TCG to the BA TOPS switch(es) as specified
by BA. Access to the BA OS platform from TCG's local switch requires that TCG
utilize Feature Group C Modified
-34-
35
Operator Services Signaling. The Interoffice Transmission Facility mileage rate
for the facility will be based on airline mileage using V&H coordinate methods
from the TCG location to the nearest BA TOPS. Trunk terminations at the TOPS
switch(es) require TCG to purchase trunk ports at rates specified in the Pricing
Schedule. For each trunk group, TCG must indicate the branding option selected
as set forth in Sections 19.2.2 (a), (b), and (c) preceding. BA also provides
TCG, using the unbundled local switching element, access to this optional
service either through dedicated IOF and trunk ports or on shared operator
service trunks between the end office in which they have unbundled local
switching ports and the TOPS switches. Additional per minute of use (MOU) local
switching charges will apply for all calls which interconnect from the unbundled
local switching ports to the BA TOPS at rates set forth in the Pricing Schedule.
19.8 0+ Mechanized Operator Calls (Calling Card, Collect, ▇▇▇▇ to Third
Number):
This option is available for TCG to provide their end user the ability,
through the mechanized BA operator interface, to complete calls via 0+ dialing
with alternate billing capabilities without live operator assistance. Alternate
billing call completions can be Calling Card, Collect or ▇▇▇▇ to Third Number.
0+ Mechanized calls may be provided over the same DA trunk groups which
establish interconnection from the TCG switch or the trunk groups which provide
interconnection from the TCG unbundled local switching line ports to the BA
TOPS.
Rates for requests for 0+ Mechanized Calls will be billed to TCG and are
set forth in the Pricing Schedule. In addition, for calls originating from a
facilities-based TCG switch or for calls from TCG unbundled local switching line
ports, there will be charges to terminate the call from the TOPS tandem to the
called party. These include the per minute of use Unbundled Tandem Transport
Charges ("UTTC") assessed for each call transported between the TOPS tandem and
the end office, the per minute of use Tandem Transit Switching Charge ("TTSC")
assessed for each call that traverses a BA tandem switch, and the appropriate
per minute of use charges for reciprocal compensation ("UNRCC" or "UCRCC")
depending on the terminating end office switch, as set forth in the Pricing
Schedule.
-35-
36
19.9 0- Operator Handled Calls (Calling Card, Collect, ▇▇▇▇ to Third
Number)
This option is available for TCG to provide their end user, through the BA
operator, the ability to complete intraLATA calls via 0- dialing with alternate
billing capabilities and live operator assistance. Alternate billing call
completions can be Calling Card, Collect or ▇▇▇▇ to Third Number, Station to
Station and Person to Person.
0- Operator Handled Calls may be provided over the same DA trunk groups
which establish interconnection from the TCG switch or the trunk groups which
provide interconnection from the TCG unbundled local switching line ports to the
BA TOPS.
Rates for requests for 0- Operator Handled Calls will be billed to TCG and
are set forth in the Pricing Schedule. In addition, for calls originating from a
facilities-based TCG switch or for calls from TCG unbundled local switching line
ports, there will be charges to terminate the call from the TOPS tandem to the
called party. These include the per minute of use Unbundled Tandem Transport
Charges ("UTTC") assessed for each call transported between the TOPS tandem and
the end office, the per minute of use Tandem Transit Switching Charge ("TTSC")
assessed for each call that traverses a BA tandem switch, and the appropriate
per minute of use charges for reciprocal compensation ("UNRCC" or "UCRCC")
depending on the terminating end office switch, as set forth in the Pricing
Schedule.
19.10 Operator Emergency Bulletin Service
This option provides TCG with emergency numbers of police, fire, ambulance
and Public Safety Answering Points (PSAP) in the BA serving area so that TCG
operators can connect callers directly to the proper emergency bureaus.
The BA Operator Emergency Bulletin Service lists the emergency,
police, fire, ambulance and PSAP telephone numbers by municipality and in
alphabetical order for each of the areas served by BA.
Operator Emergency Bulletin Service is available for use by TCG
operators for the sole purpose of assisting callers in reaching an emergency
bureau.
Operator Emergency Bulletin Service is a copy of BA's own
emergency bulletin. This agreement includes one annual copy of the bulletin plus
periodic updates during the year. Independent telephone companies emergency
numbers are not included.
Rates and charges for Operator Emergency Bulletin service are set
forth in the Pricing Schedule.
19.11 Operator Passthrough Service
This option provides TCG's end users with access to operators of their
Presubscribed Interexchange Carriers ("IC") for operator assisted call
completion. This option applies only when the Presubscribed IC provides Operator
Services for TCG's end users for calls originating from a particular LATA and is
capable of receiving calls passed through it by BA in that LATA.
BA will, when requested by TCG's end user, connect that end user to a
specified IC for operator call completion provided that IC offers operator
services in that end user's originating LATA and is capable of receiving calls
passed through to it by BA in that LATA.
If the IC does not provide Operator Services for TCG's end user, at the
option of the IC, BA will provide TCG's end user with access to an IC designated
Operator Services Provider or to a BA provided announcement which will direct
TCG's end user to contact their Presubscribed IC for dialing instructions.
The Operator Passthrough charge is applied on an operator work
second basis, and rated using the 0-Operator Handled calls in the Pricing
Schedule.
TCG will be assessed this charge on calls that are passed through
to either the Presubscribed IC's operator, or a BA provided recording indicating
that the IC does not provide service in that area.
Rates and charges applied to Operator Passthrough Service are set
forth in the Pricing Schedule.
-36-
37
20.0 GENERAL RESPONSIBILITIES OF THE PARTIES
20.1 BA and TCG shall use their best efforts to comply with the
Implementation Schedule.
20.2 The Parties shall exchange technical descriptions and forecasts of
their Interconnection and traffic requirements in sufficient detail necessary to
establish the Interconnections required to assure traffic completion to and from
all Customers in their respective designated service areas.
20.3 Thirty (30) days after the Effective Date and each quarter during the
term of this Agreement, each Party shall provide the other Party with a rolling,
six (6) calendar month, non- binding forecast of its traffic and volume
requirements for the services and Network Elements provided under this Agreement
in the form and in such detail as agreed by the Parties. Notwithstanding Section
28.6.1, the Parties agree that each forecast provided under this Section 20.3
shall be deemed "Proprietary Information" under Section 28.6.
20.4 Any Party that is required pursuant to this Agreement to provide a
forecast (the "Forecast Provider") or the Party that is entitled pursuant to
this Agreement to receive a forecast (the "Forecast Recipient") with respect to
traffic and volume requirements for the services and Network Elements provided
under this Agreement may request in addition to non-binding forecasts required
by Section 20.3 that the other Party enters into negotiations to establish a
forecast (a "Binding Forecast") that commits such Forecast Provider to purchase,
and such Forecast Recipient to provide, a specified volume to be utilized as set
forth in such Binding Forecast. The Forecast Provider and Forecast Recipient
shall negotiate the terms of such Binding Forecast in good faith and shall
include in such Binding Forecast provisions regarding price, quantity, liability
for failure to perform under a Binding Forecast and any other terms desired by
such Forecast Provider and Forecast Recipient. Notwithstanding Section 28.6.1,
the Parties agree that each forecast provided under this Section 20.4 shall be
deemed "Proprietary Information" under Section 28.6.
20.5 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 BA's network
and to terminate the traffic it receives in that standard format to the proper
address on its network. Such facility shall be designed based upon the
description and forecasts provided under Sections 20.2 and 20.3 above. 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.
20.6 Neither Party shall use any service related to or using 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 either Party may discontinue or refuse service if
the other Party violates this provision. Upon such violation, either Party shall
provide the other Party notice, if practicable, at the earliest practicable
time.
20.7 Each Party is solely responsible for the services it provides to its
Customers and to other Telecommunications Carriers.
20.8 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.
20.9 Each Party is responsible for administering NXX codes assigned to it.
20.10 Each Party is responsible for obtaining Local Exchange Routing Guide
("LERG") listings of CLLI codes assigned to its switches.
20.11 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.
20.12 Each Party shall program and update its own Central Office Switches
and End Office switches and network systems to recognize and route traffic to
and from the other
-37-
38
Party's assigned NXX codes. Except as mutually agreed or as otherwise expressly
defined in this Agreement, neither Party shall impose any fees or charges on the
other Party for such activities.
20.13 At all times during the term of this Agreement, each Party shall keep
and maintain in force at each Party's expense all insurance required by law
(e.g., workers' compensation insurance) as well as general liability insurance
for personal injury or death to any one person, property damage resulting from
any one incident, automobile liability with coverage for bodily injury for
property damage. Upon request from the other Party, each Party shall provide to
the other Party evidence of such insurance (which may be provided through a
program of self insurance).
20.14 End User Repair Calls. The Parties will employ the following
procedures for handling misdirected repair calls:
20.14.1 In answering 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 will
respond with factual information in answering customer questions.
20.14.2 Each Party will notify its customers as to the correct telephone
numbers to call in order to access its repair bureaus.
20.14.3 To the extent possible, where the correct local exchange carrier
can be determined, misdirected repair calls to one Party will be immediately
referred to the other Party, as appropriate in a courteous manner, at no charge.
20.14.4 The Parties will provide their respective repair contact numbers to
one another on a reciprocal basis.
21.0 TERM AND TERMINATION
21.1 The initial term of this Agreement (the "Term") shall expire on
October 20, 2000. Absent the receipt by one Party of written notice from the
other Party at least sixty (60) days prior to the expiration of the Term to the
effect that such Party intends to terminate this Agreement with or without
cause, this Agreement shall automatically renew and remain in full force and
effect on and after the expiration of the Term.
21.1.1 If pursuant to Section 21.1 the Agreement continues in full
force and effect after the expiration of the Term, either Party may terminate
the Agreement ninety (90) days after delivering written notice to the other
Party of the intention to terminate this Agreement. Neither Party shall have any
liability to the other Party for termination of this Agreement pursuant to this
Section 21.1 other than to pay to the other Party any amounts under this
Agreement.
21.2 Payment of all amounts owed under this Agreement and handling of
disputed amounts will be resolved in a cooperative manner pursuant to existing
Interconnection Agreement in use between the Parties in New York including but
not limited to all remedies for non-payment.
21.3 Upon termination or expiration of this Agreement in accordance with
this Section 21.0:
(a) each Party shall comply immediately with its obligations set forth
in Section 28.6.3;
(b) each Party shall promptly pay all amounts (including any late
payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination
or expiration of this Agreement.
(d) each Party shall continue to perform its obligations and
provide the services described herein until such time as a survivor Agreement
between the Parties is entered into, provided, however, that if the Parties are
unable to reach agreement within six (6) months after the termination or
expiration of this Agreement, either Party has the right to submit this matter
to the Commission for resolution. Until a survivor Agreement is reached or the
Commission resolves this matter, whichever is sooner, the
-38-
39
terms, conditions, rates and charges stated herein will continue to apply,
subject to a true-up based on the Commission action, if any.
21.4 No remedy set forth in this Agreement is intended to be exclusive and
each and every remedy shall be cumulative and in addition to any other rights or
remedies now or hereafter existing under applicable law or otherwise.
22.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
23.0 CANCELLATION CHARGES
Except as provided in Sections 9.7.4 and 20.4 and pursuant to a Network
Element Bona Fide Request, or as otherwise provided in any applicable tariff or
contract referenced herein, no cancellation charges shall apply.
24.0 NON-SEVERABILITY
24.1 The services, arrangements, Interconnection, Network Elements, terms
and conditions of this Agreement were mutually negotiated by the Parties as a
total arrangement and are intended to be non-severable, subject only to Section
28.14 of this Agreement.
24.2 Nothing in this Agreement shall be construed as requiring or
permitting either Party to contravene any mandatory requirement of federal or
state law, or any regulations or orders adopted pursuant to such law.
25.0 INDEMNIFICATION
25.1 Each Party (the "Indemnifying Party") shall indemnify and hold
harmless the other Party ("Indemnified Party") from and against loss, cost,
claim liability, damage, and expense (including reasonable attorney's fees) to
third Parties for:
(1) damage to tangible personal property or for personal injury
proximately caused by the negligence or willful misconduct of the Indemnifying
Party, its employees, agents or contractors; and
(2) claims for libel, slander, infringement of copyright arising from
the material transmitted over the Indemnified Party's facilities arising from
the Indemnifying Party's own communications or the communications of such
Indemnifying Party's Customers; and
(3) claims for infringement of patents arising from combining the
Indemnified Party's facilities or services with, or the using of the Indemnified
Party's services or facilities in connection with, facilities of the
Indemnifying Party.
Notwithstanding this indemnification provision or any other provision in
the Agreement, neither Party, nor its parent, subsidiaries, affiliates, agents,
servants, or employees shall be liable to the other for "Consequential Damages"
as that term is described in Section 26.3 below.
25.2 The Indemnified Party will notify the Indemnifying Party promptly in
writing of any claims, lawsuits, or demands by third Parties for which the
Indemnified Party alleges that the Indemnifying Party is responsible under this
Section, and, if requested by the Indemnifying Party, will tender the defense of
such claim, lawsuit or demand.
(1) In the event the Indemnifying Party does not promptly assume or
diligently pursue the defense of the tendered action, then the Indemnified Party
may proceed to defend or settle said action and the Indemnifying Party shall
hold harmless the Indemnified Party from any loss, cost liability, damage and
expense.
(2) In the event the Party otherwise entitled to indemnification from
the other elects to decline such indemnification, then the Party making such an
-39-
40
election may, at its own expense, assume defense and settlement of the claim,
lawsuit or demand.
(3) The Parties will cooperate in every reasonable manner with the
defense or settlement of any claim, demand, or lawsuit.
26.0 LIMITATION OF LIABILITY
26.1 No liability shall attach to either Party, its parents, subsidiaries,
affiliates, agents, servants or employees for damages arising from errors,
mistakes, omissions, interruptions, or delays in the course of establishing,
furnishing, rearranging, moving, terminating, changing, or providing or failing
to provide services or facilities (including the obtaining or furnishing of
information with respect thereof or with respect to users of the services or
facilities) in the absence of gross negligence or willful misconduct.
26.2 Except as otherwise provided in Section 25.0, 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, except for gross
negligence or willful misconduct.
26.3 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.
27.0 PERFORMANCE STANDARDS
The Parties hereby agree that the performance standards and remedies
approved by the Department in the Consolidated Arbitrations, D.P.U. 96-73/74,
96-75, 96-80/81, 96-83 and 96-94 shall be incorporated by reference into this
Agreement and shall govern the provision of services hereunder, as applicable.
28.0 REGULATORY APPROVAL
The Parties understand and agree that this Agreement will be filed with the
Department and may thereafter be filed with the FCC. The Parties covenant and
agree that this Agreement is satisfactory to them as an agreement under Section
251 of the Act. Each Party covenants and agrees to fully support approval of
this Agreement by the Department or the FCC under Section 252 of the Act without
modification. The Parties, however, reserve the right to seek regulatory relief
and otherwise seek redress from each other regarding performance and
implementation of this Agreement. In the event the Department or FCC rejects
this Agreement in whole or in part, the Parties agree to meet and negotiate in
good faith to arrive at a mutually acceptable modification of the rejected
portion(s).
This Agreement shall be subject to change, modification or cancellation
based on any significant changes in FCC or state regulatory commission rules
which may impact the provision of service under this Agreement, or the rights
and obligations of the Parties under the Act. In the event such a modification
or cancellation is required or desired by a Party, the Parties agree to meet and
negotiate in good faith to arrive at mutually acceptable modifications or
cancellation of the Agreement; provided that such modified or cancelled
portion(s) shall not affect the validity of the remainder of this Agreement, if
any.
29.0 MISCELLANEOUS
29.1 Authorization.
29.1.1 New England Telephone and Telegraph Company is a
corporation duly organized, validly existing and in good standing under the laws
of the State of New York and has full power and authority to execute and deliver
this Agreement and to perform its obligations hereunder, subject to necessary
regulatory approval.
29.1.2 TCG is a partnership duly organized, validly existing and
in good standing under the laws of the Commonwealth of Massachusetts and has
full power and
-40-
41
authority to execute and deliver this Agreement and to perform its obligations
hereunder, subject to necessary regulatory approval.
29.2 Compliance. Each Party shall comply with all applicable federal,
state, and local laws, rules, and regulations applicable to its performance
under this Agreement.
29.3 Compliance with the Communications Assistance for 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.
29.4 Independent Contractors. Neither this Agreement, nor any actions taken
by BA or TCG in compliance with this Agreement, shall be deemed to create an
agency or joint venture relationship between TCG and BA, or any relationship
other than that of purchaser and seller of services.
Neither this Agreement, nor any actions taken by BA or TCG in
compliance with this Agreement, shall create a contractual, agency, or any other
type of relationship or third Party liability between BA and TCG's end users or
others.
29.5 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 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 Event").
If any force majeure condition occurs, the Party delayed or unable
to perform shall give immediate notice to the other Party and shall take all
reasonable steps to correct the force majeure condition. During the pendency of
the Force Majeure, the duties of the Parties under this Agreement affected by
the Force Majeure condition shall be abated and shall resume without liability
thereafter.
29.6 Confidentiality.
29.6.1 Any information such as specifications, drawings, sketches,
business information, forecasts, models, samples, data, computer programs and
other software and documentation of one Party (a "Disclosing Party") that is
furnished or made available or otherwise disclosed to the other Party or any of
its employees, contractors, agents or Affiliates (its "Representatives" and with
a Party, a "Receiving Party") pursuant to this Agreement ("Proprietary
Information") shall be deemed the property of the Disclosing Party. Proprietary
Information, if written, shall be marked "Confidential" or "Proprietary" or by
other similar notice, and, if oral or visual, shall be confirmed in writing as
confidential by the Disclosing Party to the Receiving Party within ten (10) days
after disclosure. Unless Proprietary Information was previously known by the
Receiving Party free of any obligation to keep it confidential, or has been or
is subsequently made public by an act not attributable to the Receiving Party,
or is explicitly agreed in writing not to be regarded as confidential, it (i)
shall be held in confidence by each Receiving Party; (ii) shall be disclosed to
only those persons who have a need for it in connection with the provision of
services required to fulfill this Agreement and shall be used only for such
purposes; and (iii) may be used for other purposes only upon such terms and
conditions as may be mutually agreed to in advance of use in writing by the
Parties. Notwithstanding the foregoing sentence, a Receiving Party shall be
entitled to disclose or provide Proprietary Information as required by any
governmental authority or applicable law only in accordance with Section 29.6.2.
29.6.2 If any Receiving Party is required by any governmental
authority or by applicable law to disclose any Proprietary Information, then
such Receiving Party shall provide the Disclosing Party with written notice of
such requirement as soon as possible and prior to such disclosure. The
Disclosing Party may then either seek appropriate protective relief from all or
part of such requirement or, if it fails to
-41-
42
successfully do so, it shall be deemed to have waived the Receiving Party's
compliance with Section 29.6 with respect to all or part of such requirement.
The Receiving Party shall use all commercially reasonable efforts to cooperate
with the Disclosing Party in attempting to obtain any protective relief which
such Disclosing Party chooses to obtain.
29.6.3 In the event of the expiration or termination of this
Agreement for any reason whatsoever, each Party shall return to the other Party
or destroy all Proprietary Information and other documents, work papers and
other material (including all copies thereof) obtained from the other Party in
connection with this Agreement and shall use all reasonable efforts, including
instructing its employees and others who have had access to such information, to
keep confidential and not to use any such information, unless such information
is now, or is hereafter disclosed, through no act, omission or fault of such
Party, in any manner making it available to the general public.
29.7 Governing Law. This Agreement is subject to the Act, and the effective
rules and regulations promulgated pursuant to the Act, and any other applicable
federal law, as well as the rules of the Commission. In all other respects, this
Agreement shall be governed by the domestic laws of the Commonwealth of
Massachusetts without reference to conflict of laws provisions.
29.8 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.
29.9 Non-Assignment. This Agreement shall be binding upon every subsidiary
and affiliate of either Party that is engaged in providing telephone exchange
and exchange access services in any territory within which BA is an Incumbent
Local Exchange Carrier as of the date of this Agreement (the "BA Territory"),
and shall continue to be binding upon all such entities regardless of any
subsequent change in their ownership. Each Party covenants that, if it sells or
otherwise transfers to a third Party its telephone exchange and exchange access
network facilities within the BA Territory, or any portion thereof, to a third
Party, it will require as a condition of such transfer that the transferee agree
to be bound by this Agreement with respect to services provided over the
transferred facilities. Except as provided in this paragraph, 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 which consent will not be unreasonably withheld;
provided that either 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.
29.10 Non-Waiver. Failure of either Party to insist on performance of any
term or condition of this Agreement or to exercise any right or privilege
hereunder shall not be construed as a continuing or future waiver of such term,
condition, right or privilege.
29.11 Disputed Amounts.
29.11.1 If any portion of an amount due to a Party (the "Billing
Party") under this Agreement is subject to a bona fide dispute between the
Parties, the Party billed (the "Non-Paying Party") shall within thirty (30) days
of its receipt of the invoice containing such disputed amount give notice to the
Billing Party of the amounts it disputes ("Disputed Amounts") and include in
such notice the specific details and reasons for disputing each item. The
Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing
Party and (ii) all Disputed Amounts into an interest bearing escrow account with
a third Party escrow agent mutually agreed upon by the Parties.
-42-
43
29.11.2 If the Parties are unable to resolve the issues related to
the Disputed Amounts in the normal course of business within ninety (90) days
after delivery to the Billing Party of notice of the Disputed Amounts, each of
the Parties shall appoint a designated representative who has authority to
settle the dispute and who is at a higher level of management than the persons
with direct responsibility for administration of this Agreement. The designated
representatives shall meet as often as they reasonably deem necessary in order
to discuss the dispute and negotiate in good faith in an effort to resolve such
dispute. The specific format for such discussions will be left to the discretion
of the designated representatives, however all reasonable requests for relevant
information made by one Party to the other Party shall be honored.
29.11.3 If the Parties are unable to resolve issues related to the
Disputed Amounts within forty-five (45) days after the Parties' appointment of
designated representatives pursuant to Section 29.11.2, then either Party may
file a complaint with the Department to resolve such issues or proceed with any
other remedy pursuant to law or equity. The Department may direct release of any
or all funds (including any accrued interest) in the escrow account, plus
applicable late fees, to be paid to either Party.
29.11.4 The Parties agree that all negotiations pursuant to this
Section 29.11 shall remain confidential and shall be treated as compromise and
settlement negotiations for purposes of the Federal Rules of Evidence and state
rules of evidence. Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of (i) one and
one-half percent (1-1/2%) per month or (ii) the highest rate of interest that
may be charged under applicable law.
29.12 Notices. Notices given by one Party to the other Party under this
Agreement shall be in writing and shall be (i) delivered personally, (ii)
delivered by express delivery service, (iii) mailed, certified mail or first
class U.S. mail postage prepaid, return receipt requested or (iv) delivered by
telecopy to the following addresses of the Parties:
To TCG:
Teleport Communications ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: Vice President, Carrier Relations
Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇
with a copy to:
Teleport Communications ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attn: General Counsel
To BA:
▇▇▇▇ Atlantic Corporation
▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇
Att'n: President - Telecom Industry Services
Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇
or to such other address as either Party shall designate by proper notice.
Notices will be deemed given as of the earlier of (i) the date of actual
receipt, (ii) the next business day when notice is sent via express mail or
personal delivery, (iii) three (3) days after mailing in the case of first class
or certified U.S. mail or (iv) on the date set forth on the confirmation in the
case of telecopy.
29.13 Publicity and Use of Trademarks or Service Marks. Neither Party nor
its subcontractors or agents shall use the other Party's trademarks, service
marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party's
prior written consent.
29.14 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
-43-
44
interpreted in accordance with its terms and, in the event of any ambiguities,
no inferences shall be drawn against either Party.
29.15 No Third Party Beneficiaries; Disclaimer of Agency. This Agreement is
for the sole benefit of the Parties and their permitted assigns, and nothing
herein express or implied shall create or be construed to create any third-Party
beneficiary rights hereunder. 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 of 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.
29.16 No License. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and restrictions of this Agreement) is granted by
either Party or shall be implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
29.17 Technology Upgrades. Nothing in this Agreement shall limit either
Parties' ability to upgrade its network through the incorporation of new
equipment, new software or otherwise. BA shall provide TCG written notice at
least ninety (90) days prior to the incorporation of any such upgrades in BA's
network which will materially impact TCG's service. TCG shall be solely
responsible for the cost and effort of accommodating such changes in its own
network.
29.18 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,
including without limitation, Sections 21.4, 22.0, 23.0, 25.0, 26.0, 29.3, 29.6,
29.11, 29.13 and 29.17.
29.19 Scope of Agreement. This Agreement is intended to describe and enable
specific Interconnection and access to unbundled Network Elements and
compensation arrangements between the Parties. This Agreement does not obligate
either Party to provide arrangements not specifically provided for herein.
29.20 Amendment. TCG and BA 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 objective of this Agreement, the Parties agree to
work cooperatively, promptly, and in good faith to negotiate and implement any
such amendments to this Agreement.
29.21 Entire Agreement. The terms contained in this Agreement and any
Schedules, Exhibits, tariffs and other documents or instruments referred to
herein are hereby incorporated into this Agreement by reference as if set forth
fully herein and, constitute the entire agreement between the Parties with
respect to the subject matter hereof, superseding all prior understandings,
proposals and other communications, oral or written. Neither Party shall be
bound by any preprinted terms additional to or different from those in this
Agreement that may appear subsequently in the other Party's form documents,
purchase orders, quotations, acknowledgments, invoices or other communications.
This Agreement may only be modified by a writing signed by an officer of each
Party.
-44-
45
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of this 29th day of October, 1997.
TELEPORT COMMUNICATIONS BOSTON ▇▇▇▇ ATLANTIC - MASSACHUSETTS
By: /s/ STAUNTON ▇▇▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Printed: Staunton ▇▇▇▇▇▇▇▇▇▇▇ Printed: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: General Manager Title: President - Telecom
Industry Services
-45-
46
SCHEDULE 1.0
CERTAIN TERMS AS DEFINED IN THE ACT
"Affiliate" means a person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with, another
person. For purposes of this paragraph, the term "own" means to own an equity
interest (or the equivalent thereof) of more than ten percent (10%).
"Dialing Parity" means that a person that is not an Affiliate of a LEC is able
to provide Telecommunications Services in such a manner that Customers have the
ability to route automatically, without the use of any access code, their
Telecommunications to the Telecommunications Services provider of the Customer's
designation from among two (2) or more Telecommunications Services providers
(including such LEC).
"Exchange Access" means the offering of access to Telephone Exchange Services or
facilities for the purpose of the origination or termination of Telephone Toll
Services.
"InterLATA Service" means Telecommunications between a point located in a local
access and transport area and a point located outside such area.
"Local Access and Transport Area" or "LATA" means a contiguous geographic area:
(a) established before the date of enactment of the Act by a ▇▇▇▇ operating
company such that no Exchange Area includes points within more than one (1)
metropolitan statistical area, consolidated metropolitan statistical area, or
State, except as expressly permitted under the AT&T Consent Decree; or (b)
established or modified by a ▇▇▇▇ operating company after such date of enactment
and approved by the FCC.
"Local Exchange Carrier" means any person that is engaged in the provision of
Telephone Exchange Service or Exchange Access. Such term does not include a
person insofar as such person is engaged in the provision of a commercial mobile
service under Section 332(c) of the Act, except to the extent that the FCC finds
that such service should be included in the definition of such term.
"Network Element" means a facility or equipment used in the provision of a
Telecommunications Service. Such term also includes features, functions, and
capabilities that are provided by means of such facility or equipment, including
subscriber numbers, databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing, or other provision
of a Telecommunications Service.
"Number Portability" means the ability of users of telecommunications services
to retain, at the same location, existing telecommunications numbers without
impairment of quality, reliability, or convenience when switching from one
telecommunications carrier to another.
"Telecommunications" means the transmission, between or among points specified
by the user, of information of the user's choosing, without change in the form
or content of the information as sent and received.
"Telecommunications Carrier" means any provider of Telecommunications Services,
except that such term does not include aggregators of Telecommunications
Services (as defined in Section 226 of the Communications Act).
"Telecommunications Service" means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means (a) service within a telephone exchange
within a connected system of telephone exchanges within the same exchange area
operated to furnish subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the exchange
service charge, or (b) comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by which a
subscriber can originate and terminate a telecommunications service.
"Telephone Toll Service" means telephone service between stations in different
exchange areas for which there is made a separate charge not included in
contracts with subscribers for exchange service.
-46-
47
PRICING SCHEDULE
I. Reciprocal Compensation
(A) Time of Day Definitions
From To, but not
including
Peak:
Monday - Friday: 9:00 am 9:00 pm
Off-Peak:
Monday - Friday: 9:00 pm 9:00 am
Saturday & Sunday All Day
(B) Rates
(1) Base Rates - Per Minute of Use
Local Switching Metro $.001703
Trunk Port Per MOU Urban $.001820
(Peak) Suburban $.002090
Rural $.002093
Local Switching Metro $.000379
Trunk Port Per MOU Urban $.000404
(Off Peak) Suburban $.000464
Rural $.000465
Local Switching Metro $.004647
Usage Per MOU Urban $.007401
(Peak) Suburban $.009549
Rural $.014277
Local Switching Metro $.001872
Uage Per MOU Urban $.003516
(Off Peak) Suburban $.005282
Rural $.008186
Tandem Switching All Zones $ $13.75
Digital Trunk Port
-47-
48
Tandem Common Trunk ports All Zones
Per MOU Peak $.003528
Off Peak $.000784
Tandem Usage per MOU All Zones
Peak $.001586
Off Peak $.001134
Common Transport (Shared IOF) All Zones
Peak $.001780
Off-Peak $.000400
(2) Optional Flat Rate Compensation
The following optional flat rate charges may be
selected by TCG when local usage is handed off to BA at a tandem. The cost
elements are applicable by LATA.
Element Eastern LATA Western LATA
Tandem Switch $423.36 $423.36
Digital Trunk Port
Tandem Switching $190.32 $190.32
Usage
Tandem Switching $423.36 $423.36
Digital Truck Port
Common Transport $213.60 $213.60
Local Switching Digital $234.96 $242.64
Local Switching Usage $1,021.56 $1,221.96
(3) The Minute of Use and Flat Rates set forth above are rates set by
the Department in the Consolidated Arbitrations and may be amended or revised
from time to time as specified by the Department. The Parties agree to negotiate
appropriate optional flat rates to apply when local usage is handed off to BA at
an end office, with the intent of agreeing on mutually acceptable revisions no
later than 30 business days after the Effective Date.
(C) Formula for determining reciprocal compensation
Reciprocal compensation is a function of the point of interconnection. As a
facilities based provider. TCG may interconnect at either the end office (Meet
Point A) or through an access tandem (Meet Point B). The following formulas
reflect the appropriate rate components. In addition, Meet Point B can be
purchased under TCG's flat rate option.
(1) When interconnecting at an end office: Meet Point A rates apply
Meet Point A = Local Switching Trunk Port per MOU
+ Local Switching Usage per MOU
= Meet Point A
(2) When interconnecting at an access tandem: Meet Point B
rates apply
Meet Point B = Meet Point A
+ Common Transport (Shared IOF)
+ Tandem Common Trunk Port
+ Tandem Common Trunk Port
+ Tandem Usage
= Meet Point B
II. Information Services Billing and Collection
Fee = $.05 per message
-48-
49
Rating Tables subscription = $1,500 per month
BLV/BLVI ARE ADDRESSED IN SECTION IX BELOW
III. Transit Service
(A) Transit Service
Transit service equates to 1 tandem switch usage element plus
2 tandem trunk port elements
Peak Off-Peak
Tandem Switch Usage $.001586 $.001134
Tandem Trunk Port $.003528 $.000784
Tandem Trunk Port $.003528 $.000784
TRANSIT SERVICE $.008642 $.002702
-49-
50
(B) Dedicated Transiting Service
Rate = twice the applicable charge for a collocated channel
termination.
IV. Interim Telecommunications Number Portability
(A) Monthly Recurring Charges
The parties shall pay to each other for ported telephone numbers the amounts
determined in accordance with the Rochester Plan formula as referenced in the
Department's Phase 3 Order in the Consolidated Arbitrations. Terminating IXC
access charges shall be shared between BA and TCG pursuant to meet-point billing
arrangements between the Parties using special estimated studies until such time
as actual meet-point billing records are available.
B. Non-recurring charge
Rate = $20 per ported number
Non-recurring charges only apply when interim number portability is
ordered separately from an unbundled link.
V. IntraLATA 800
Reciprocal Compensation(refer to I above).
Compensation for records exchanged = $.0115 per record
800 Database inquiry = per database inquiry pursuant to each Party's
applicable tariff.
VI. Unbundled Links
A. Monthly Rates
1. 2 Wire Analog Switched Voice Grade Link -- Metro $ 7.54
Urban $14.11
Suburban $16.12
Rural $20.04
-50-
51
2. 4 Wire Analog Switched Voice Grade Link-- Metro $30.97
Urban $43.40
Suburban $46.95
Rural $52.39
3. 2 Wire Link Conditioned for Digital Metro = $ 19.87
Urban = $ 27.24
Suburban = $ 29.38
Rural = $ 32.84
4. 4 Wire Link Conditioned for Digital Metro = $ 76.11
Urban = $ 98.05
Suburban = $102.64
Rural = $147.05
5. ISDN Premium Link = Price determined on an Individual Case Basis
upon request
B. Monthly Rates -- Service Access Charge
1. DS1, per termination $ 1.81
2. DS3, per termination $29.04
3. OC-3, per termination $20.91
4. OC-12, per termination $20.91
5. DS0, per termination $ 0.54
VII. 911/E911 Interconnection
BA will ▇▇▇▇ Basic 911 traffic at the same rates it bills other local
traffic from TCG. For E911 service, TCG will pay a monthly rate based on the
number of TCG telephone numbers in the E911 database. The monthly rate will be
based on the BA E911 costs in Massachusetts as reported to the Department each
April and will be calculated by dividing the total E911 costs for Residence by
the total number of Residence telephone numbers in the data bases added to the
total E911 costs for Business divided by the total number of Business telephone
numbers in the data base. The total annual costs for Residence and Business will
be divided by 12 to develop the total monthly cost for Residence and Business.
The monthly ▇▇▇▇ to TCG will be calculated by multiplying the number of
Residence TCG telephone numbers contained in the E911 data base times the
monthly rate per telephone number for Residence plus the number of business TCG
telephone numbers in the E911 data base times the monthly rate per telephone
number for Business.
VIII. Wholesale Discounts
(A). Month- to- month discounts
Resale with Operator Services and Directory Assistance 24.99%
Resale without Operator Services and Directory Assistance 29.47%
(B) The discounts set forth above are discounts set by the Department
in the Consolidated Arbitrations and may be amended or revised from time to time
as specified by the Department.
IX. Directory Assistance and Operator Services
(A) Directory Assistance Service
(1) Directory Assistance Service Rate
-51-
52
DA BA Branding
Per request for one telephone number $0.309413
DA TCG Branding
Per request for one telephone number $0.309413
DA Unbranded
Per request for one telephone number $0.258784
Branding Surcharge, per call $0.050629
(2) Directory Assistance Call Completion (DACC) [NOTE 1]
Branded DA
Per request for one telephone number
Plus call completion $0.424469
Unbranded DA,
Per request for one telephone number
Plus call completion $0.373840
DACC Surcharge, per call $0.▇▇▇▇▇▇
(B) Inward Operator Services
Busy Line Verification (BLV), per second $0.032624
Busy Line Verification with Interrupt (BLVI)
Per second $0.032624
Branding Surcharge, per request $0.▇▇▇▇▇▇
(C) 0+/Mechanized Operator Calls [NOTE 1]
(1) Calling Card, per request $0.096659
(2) Collect, per request $0.098626
(3) Third Number, per request $0.098626
(4) Branding surcharge per call $0.▇▇▇▇▇▇
(D) 0-/Operator Handled Calls [NOTE 1]
(1) 0-/Operator Handled Calls, per second $0.012817
(2) Branding surcharge, Per call $0.▇▇▇▇▇▇
(E) Operator Emergency Bulletin Service
Per State Bulletin, per year $17.80
(F) TOPS Trunk Ports
(1) TOPS Trunk Port (Dedicated)
One time, Nonrecurring charge $147.87
DS1 Port, Per month $348.72
Service Access Charge, Per TOPS port, per month $ 1.81
-52-
53
(2) IOF mileage for Dedicated Trunk Transport
One time, Nonrecurring charges
Service Order, per Order $ 25.74
Manual Surcharge, per Order $TBD
Provisioning, per DS1 $445.24
DS1 Interoffice Mileage,
Fixed Charge per DS1, per month $126.35
Mileage Charge, Per mile, per month $ 0.73
(G) Local Switching/Trunk port
Local Switching Metro $.001703
Trunk Port Per MOU Urban $.001820
(Peak) Suburban $.002090
Rural $.002093
Local Switching Metro $.000379
Trunk Port Per MOU Urban $.000404
(Off Peak) Suburban $.000464
Rural $.000465
-53-
54
(H) Local Switching/Usage
Local Switching Metro $.004647
Usage Per MOU Urban $.007401
(Peak) Suburban $.009549
Rural $.014277
Local Switching Metro $.001872
Uage Per MOU Urban $.003516
(Off Peak) Suburban $.005282
Rural $.008186
(I) Unbundled Tandem Transport Charges (UTTC)
Per MOU, Peak $0.001780
Per MOU, Off peak $0.000400
(J) Tandem Transit Service Charge (TTSC)
The TTSC is set forth in section III(A) of this Pricing Schedule
(K) Reciprocal Compensation/Meet Point A Arrangement
(1) Metro Zone Peak Off-Peak
---- --------
Local Switch Uage
Per MOU $0.004647 $0.001872
Local Digital Trunk Port (Shared)
Per MOU $0.001703 $0.000379
Total Meet Point A Arrangement
Per MOU $0.006350 $0.002251
(2) Urban Zone
Local Switch Uage
Per MOU $0.007401 $0.003516
Local Digital Trunk Port (Shared) $0.001820 $0.000404
Per MOU
Total Meet Point A Arrangement
Per MOU $0.009221 $0.003920
(3) Suburban Zone
Local Switch Uage
Per MOU $0.009549 $0.005282
Local Digital Trunk Port (Shared) $0.002090 $0.000464
Per MOU
Total Meet Point A Arrangement
Per MOU $0.011639 $0.005746
(4) Rural Zone
Local Switch Uage
Per MOU $0.014277 $0.008186
Local Digital Trunk Port (Shared)
Per MOU $0.002093 $0.000465
Total Meet Point A Arrangement
Per MOU $0.016370 $0.008651
-54-
55
NOTE 1 -- For all Directory Assistance and Operator Services Call Completions,
the appropriate local switch usage charges and composite rates (UTTC, TTSC, and
Reciprocal Compensation) shall apply.
-55-
56
SCHEDULE 8.2 BA INTERVALS FOR INSTALLATION
Service Order Standard Intervals
--------------------------------
Number of Standard Interval
DSI Trunks (Business Days)
---------- ---------------
Establishment of New Trunk Groups 1-10 60
over 10 negotiated
Additions to Existent Trunk Groups 1-4 30
over 4 negotiated
-56-
57
EXHIBIT A
NETWORK ELEMENT BONA FIDE REQUEST
1. Each Party shall promptly consider and analyze access to a new unbundled
Network Element with the submission of a Network Element Bona Fide Request
hereunder. The Network Element Bona Fide Request process set forth herein does
not apply to those services requested pursuant to Report & Order and Notice of
Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) P. 259 and n.603 or subsequent
orders.
2. A Network Element Bona Fide Request shall be submitted in writing and
shall include a technical description of each requested Network Element.
3. The requesting Party may cancel a Network Element Bona Fide Request at
any time, but shall pay the other Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element Bona Fide Request up to the
date of cancellation.
4. Within ten (10) business days of its receipt, the receiving Party shall
acknowledge receipt of the Network Element Bona Fide Request.
5. Except under extraordinary circumstances, within thirty (30) days of its
receipt of a Network Element Bona Fide Request, the receiving Party shall
provide to the requesting Party a preliminary analysis of such Network Element
Bona Fide Request. The preliminary analysis shall confirm that the receiving
Party will offer access to the Network Element or will provide a detailed
explanation that access to the Network Element is not technically feasible
and/or that the request does not qualify as a Network Element that is required
to be provided under the Act.
6. If the receiving Party determines that the Network Element Bona Fide
Request is technically feasible and otherwise qualifies under the Act, it shall
promptly proceed with developing the Network Element Bona Fide Request upon
receipt of written authorization from the requesting Party. When it receives
such authorization, the receiving Party shall promptly develop the requested
services, determine their availability, calculate the applicable prices and
establish installation intervals.
7. Unless the Parties otherwise agree, the Network Element Requested must
be priced in accordance with Section 252(d)(1) of the Act.
8. As soon as feasible, but not more than ninety (90) days after its
receipt of authorization to proceed with developing the Network Element Bona
Fide Request, the receiving Party shall provide to the requesting Party a
Network Element Bona Fide Request quote which will include, at a minimum, a
description of each Network Element, the availability, the applicable rates and
the installation intervals.
9. Within thirty (30) days of its receipt of the Network Element Bona Fide
Request. quote, the requesting Party must either confirm its order for the
Network Element Bona Fide Request pursuant to the Network Element Bona Fide
Request quote or seek arbitration by the Commission pursuant to Section 252 of
the Act.
10. If a Party to a Network Element Bona Fide Request believes that the
other Party is not requesting, negotiating or processing the Network Element
Bona Fide Request in good faith, or disputes a determination, or price or cost
quote, or is failing to act in accordance with Section 251 of the Act, such
Party may seek mediation or arbitration by the Commission pursuant to Section
252 of the Act.
-57-