INTERCONNECTION, RESALE AND UNBUNDLING AGREEMENT
BETWEEN
GTE CALIFORNIA INCORPORATED
AND
ACI CORP.
TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . .I-1
ARTICLE II
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
1. GENERAL DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
1.1 "ACCESS SERVICE REQUEST" . . . . . . . . . . . . . . . . . . . . . . . II-1
1.2 "ACT". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
1.3 "AFFILIATE". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
1.4 "AMA". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
1.5 "APPLICABLE LAW" . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM (ALI/DMS)" . II-1
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI" . . . . . . . . . . . . . . II-1
1.8 "BELLCORE" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-2
1.9 "▇▇▇▇-AND-KEEP ARRANGEMENT". . . . . . . . . . . . . . . . . . . . . . II-2
1.10 "BONA FIDE REQUEST (BFR)". . . . . . . . . . . . . . . . . . . . . . . II-2
1.11 "BUSINESS DAY" . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-2
1.12 "CENTRAL OFFICE SWITCH". . . . . . . . . . . . . . . . . . . . . . . . II-2
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS) . . . . . . . . . . . II-2
1.14 "CLLI CODES" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-2
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS). . . . . . . . . . . . . . . II-2
1.16 "COMMISSION" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-2
1.17 "COMMON CHANNEL SIGNALING" OR "CCS". . . . . . . . . . . . . . . . . . II-3
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC). . . . . . . . . . . . . . II-3
1.19 "COMPLIANCE" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.20 "CUSTOMER" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.21 "CUSTOMER USAGE DATA". . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.22 "DS-1" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.23 "DS-3" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.24 "ELECTRONIC FILE TRANSFER" . . . . . . . . . . . . . . . . . . . . . . II-3
1.25 "EMR". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.26 "E-911 SERVICE". . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.27 "EXCHANGE SERVICE" . . . . . . . . . . . . . . . . . . . . . . . . . . II-3
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE". . . . . . . . . . . . . . II-3
1.29 "FACILITY" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.30 "FCC". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.31 "GENERATOR". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.32 "GTOC" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.33 "GUIDE". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.34 "HAZARDOUS CHEMICAL" . . . . . . . . . . . . . . . . . . . . . . . . . II-4
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1.35 "HAZARDOUS WASTE". . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.36 "IMMINENT DANGER". . . . . . . . . . . . . . . . . . . . . . . . . . . II-4
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC). . . . . . . . . . . . . . . II-4
1.38 "INTERIM NUMBER PORTABILITY (INP)" . . . . . . . . . . . . . . . . . . II-5
1.39 "INTERCONNECTION POINT" ("IP") . . . . . . . . . . . . . . . . . . . . II-5
1.40 "ISDN USER PART (ISUP)". . . . . . . . . . . . . . . . . . . . . . . . II-5
1.41 "IXC" OR "INTEREXCHANGE CARRIER" . . . . . . . . . . . . . . . . . . . II-5
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY". . . . . . . . II-5
1.43 "LATA" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-5
1.44 "LINE INFORMATION DATA BASE (LIDB)". . . . . . . . . . . . . . . . . . II-5
1.45 "LINE SIDE". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-5
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC". . . . . . . . . . . . . . . . . . . II-5
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG" . . . . . . . . . . . . . . . II-5
1.48 "LOCAL NUMBER PORTABILITY (LNP)" . . . . . . . . . . . . . . . . . . . II-6
1.49 "LOCAL TRAFFIC". . . . . . . . . . . . . . . . . . . . . . . . . . . . II-6
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME" . . . . . . . . . . . . . . . . . . II-6
1.51 "MEET-POINT BILLING" OR "MPB". . . . . . . . . . . . . . . . . . . . . II-6
1.52 "MECAB". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-6
1.53 "MECOD". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-6
1.54 "MID-SPAN FIBER MEET". . . . . . . . . . . . . . . . . . . . . . . . . II-6
1.55 "NANP" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
1.56 "NETWORK ELEMENT". . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
1.57 "NID" OR "NETWORK INTERFACE DEVICE". . . . . . . . . . . . . . . . . . II-7
1.58 "NUMBERING PLAN AREA" OR "NPA" . . . . . . . . . . . . . . . . . . . . II-7
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE". . . . . . . . . II-7
1.60 "911 SERVICE". . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
1.61 "OWNER AND OPERATOR" . . . . . . . . . . . . . . . . . . . . . . . . . II-7
1.62 "POI". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
1.63 "POLE ATTACHMENT". . . . . . . . . . . . . . . . . . . . . . . . . . . II-7
1.64 "PROVIDER" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP". . . . . . . . . . . . . . . II-8
1.66 "RATE CENTER". . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
1.67 "RIGHT-OF-WAY" OR "ROW". . . . . . . . . . . . . . . . . . . . . . . . II-8
1.68 "ROUTING POINT". . . . . . . . . . . . . . . . . . . . . . . . . . . . II-8
1.69 "SERVICE CONTROL POINT" OR "SCP" . . . . . . . . . . . . . . . . . . . II-8
1.70 "SERVICE SWITCHING POINT" OR "SSP" . . . . . . . . . . . . . . . . . . II-8
1.71 "SIGNALING POINT" OR "SP". . . . . . . . . . . . . . . . . . . . . . . II-9
1.72 "SIGNALING SYSTEM 7" OR "SS7". . . . . . . . . . . . . . . . . . . . . II-9
1.73 "SIGNAL TRANSFER POINT" OR "STP" . . . . . . . . . . . . . . . . . . . II-9
1.74 "SUBSIDIARY" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-9
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" . . . . . . . . . . . . . . . II-9
1.76 "SWITCHED ACCESS SERVICE". . . . . . . . . . . . . . . . . . . . . . . II-9
1.77 "TELECOMMUNICATIONS SERVICES". . . . . . . . . . . . . . . . . . . . . II-9
1.78 "THIRD PARTY CONTAMINATION". . . . . . . . . . . . . . . . . . . . . . II-9
1.79 "TRUNK SIDE" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-9
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1.80 "UNDEFINED TERMS". . . . . . . . . . . . . . . . . . . . . . . . . . . II-9
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES") . . . . . . . . . . . II-9
1.82 "WIRE CENTER". . . . . . . . . . . . . . . . . . . . . . . . . . . . .II-10
ARTICLE III
GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-1
1. SCOPE OF GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . .III-1
2. TERM AND TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . .III-1
2.1 TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-1
2.2 POST-TERMINATION ARRANGEMENTS. . . . . . . . . . . . . . . . . . . . .III-1
2.3 TERMINATION UPON DEFAULT . . . . . . . . . . . . . . . . . . . . . . .III-1
2.4 TERMINATION UPON SALE. . . . . . . . . . . . . . . . . . . . . . . . .III-1
2.5 LIABILITY UPON TERMINATION . . . . . . . . . . . . . . . . . . . . . .III-2
3. AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-2
4. ASSIGNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-2
5. AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-2
6. RESPONSIBILITY FOR PAYMENT. . . . . . . . . . . . . . . . . . . . . . . . .III-2
7. BILLING AND PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-2
7.1 DISPUTE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-2
7.2 LATE PAYMENT CHARGE. . . . . . . . . . . . . . . . . . . . . . . . . .III-3
7.3 DUE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-3
7.4 AUDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-3
8. BINDING EFFECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-3
9. CAPACITY PLANNING AND FORECASTING . . . . . . . . . . . . . . . . . . . . .III-3
10. COMPLIANCE WITH LAWS AND REGULATIONS. . . . . . . . . . . . . . . . . . . .III-4
11. CONFIDENTIAL INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . .III-4
11.1 IDENTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-4
11.2 HANDLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-4
11.3 EXCEPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-5
11.4 SURVIVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-5
12. CONSENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-5
13. COOPERATION ON FRAUD MINIMIZATION . . . . . . . . . . . . . . . . . . . . .III-5
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14. DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-5
14.1 ALTERNATIVE TO LITIGATION. . . . . . . . . . . . . . . . . . . . . . .III-5
14.2 NEGOTIATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-6
14.3 ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-6
14.4 EXPEDITED ARBITRATION PROCEDURES . . . . . . . . . . . . . . . . . . .III-7
14.5 COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-7
14.6 CONTINUOUS SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . .III-7
15. ENTIRE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-7
16. EXPENSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-7
17. FORCE MAJEURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-7
18. GOOD FAITH PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . . . .III-8
19. GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-8
20. STANDARD PRACTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-8
21. HEADINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .III-8
22. INDEPENDENT CONTRACTOR RELATIONSHIP . . . . . . . . . . . . . . . . . . . .III-8
23. LAW ENFORCEMENT INTERFACE . . . . . . . . . . . . . . . . . . . . . . . . .III-8
24. LIABILITY AND INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . .III-9
24.1 INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . .III-9
24.2 END USER AND CONTENT-RELATED CLAIMS. . . . . . . . . . . . . . . . . .III-9
24.3 DISCLAIMER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-10
24.4 LIMITATION OF LIABILITY. . . . . . . . . . . . . . . . . . . . . . . III-10
24.5 INTELLECTUAL PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . III-10
25. MULTIPLE COUNTERPARTS . . . . . . . . . . . . . . . . . . . . . . . . . . III-10
26. NO OFFER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-10
27. NO THIRD PARTY BENEFICIARIES. . . . . . . . . . . . . . . . . . . . . . . III-11
28. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-11
29. PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-12
29.1 IMPAIRMENT OF SERVICE. . . . . . . . . . . . . . . . . . . . . . . . III-12
29.2 RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-12
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30. PUBLICITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-12
31. REGULATORY AGENCY CONTROL.. . . . . . . . . . . . . . . . . . . . . . . . III-12
32. (INTENTIONALLY LEFT BLANK). . . . . . . . . . . . . . . . . . . . . . . . III-12
33. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-12
34. REGULATORY MATTERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
35. RULE OF CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
36. SECTION REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
37. SERVICE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
38. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
39. SUBCONTRACTORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
40. SUBSEQUENT LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-13
41. TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-14
42. TRADEMARKS AND TRADE NAMES. . . . . . . . . . . . . . . . . . . . . . . . III-14
43. WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-15
44. ENVIRONMENTAL RESPONSIBILITY. . . . . . . . . . . . . . . . . . . . . . . III-15
45. TBD PRICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-16
46. AMENDMENT OF CERTAIN RATES,TERMS AND CONDITIONS . . . . . . . . . . . . . III-17
ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICESAND UNBUNDLED ELEMENTS . . . . . . . IV-1
1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
2. LIABILITY OF GTE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
2.1 INAPPLICABILITY OF TARIFF LIABILITY. . . . . . . . . . . . . . . . . . IV-1
2.2 ACI TARIFFS OR CONTRACTS . . . . . . . . . . . . . . . . . . . . . . . IV-1
2.3 NO LIABILITY FOR ERRORS. . . . . . . . . . . . . . . . . . . . . . . . IV-1
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3. UNAUTHORIZED CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-2
3.1 PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-2
4. IMPACT OF PAYMENT OF CHARGES ON SERVICE . . . . . . . . . . . . . . . . . . IV-2
5. UNLAWFUL USE OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3
6. TIMING OF MESSAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3
7. PROCEDURES FOR PREORDERING, ORDERING, PROVISIONING, ETC.. . . . . . . . . . IV-3
8. CUSTOMER CONTACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3
9. LETTER OF AUTHORIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . IV-4
ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC. . . . . . . . . . .V-1
1. SERVICES COVERED BY THIS ARTICLE. . . . . . . . . . . . . . . . . . . . . . .V-1
1.1 TYPES OF SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . .V-1
1.2 SERVICE LOCATIONS FOR INTERCONNECTION SERVICES AND FACILITIES. . . . . .V-1
1.3 ADDITIONAL SERVICES OR SERVICE LOCATIONS . . . . . . . . . . . . . . . .V-1
2. BILLING AND RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-1
2.1 RATES AND CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . . . .V-1
2.2 BILLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-1
3. TRANSPORT AND TERMINATION OF TRAFFIC. . . . . . . . . . . . . . . . . . . . .V-2
3.1 TRAFFIC TO BE EXCHANGED. . . . . . . . . . . . . . . . . . . . . . . . .V-2
3.2 COMPENSATION FOR EXCHANGE OF TRAFFIC . . . . . . . . . . . . . . . . . .V-2
3.3 TANDEM SWITCHING TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . .V-3
3.4 INTER-TANDEM SWITCHING . . . . . . . . . . . . . . . . . . . . . . . . .V-4
4. DIRECT NETWORK INTERCONNECTION. . . . . . . . . . . . . . . . . . . . . . . .V-4
4.1 NETWORK INTERCONNECTION ARCHITECTURE . . . . . . . . . . . . . . . . . .V-4
4.2 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-5
4.3 TRUNKING REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . .V-6
4.4 NETWORK REDESIGNS INITIATED BY GTE . . . . . . . . . . . . . . . . . . .V-7
4.5 INTERCONNECTION CALLING AND CALLED SCOPES FOR THE ACCESS TANDEM
INTERCONNECTION AND THE END OFFICE INTERCONNECTION . . . . . . . . . . .V-7
5. INDIRECT NETWORK INTERCONNECTION. . . . . . . . . . . . . . . . . . . . . . .V-8
6. NUMBER RESOURCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-8
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6.1 NUMBER ASSIGNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . .V-8
6.2 RATE CENTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-8
6.3 ROUTING POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-8
6.4 CODE AND NUMBERS ADMINISTRATION. . . . . . . . . . . . . . . . . . . . .V-8
6.5 PROGRAMMING SWITCHES . . . . . . . . . . . . . . . . . . . . . . . . . .V-9
7. NUMBER PORTABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V-9
7.1 INTERIM NUMBER PORTABILITY (INP) . . . . . . . . . . . . . . . . . . . .V-9
7.2 LOCAL NUMBER PORTABILITY (LNP) . . . . . . . . . . . . . . . . . . . . .V-9
8. MEET-POINT BILLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-10
8.1 MEET-POINT ARRANGEMENTS. . . . . . . . . . . . . . . . . . . . . . . . V-10
8.2 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-11
9. COMMON CHANNEL SIGNALING. . . . . . . . . . . . . . . . . . . . . . . . . . V-11
9.1 SERVICE DESCRIPTION. . . . . . . . . . . . . . . . . . . . . . . . . . V-11
9.2 SIGNALING PARAMETERS . . . . . . . . . . . . . . . . . . . . . . . . . V-11
9.3 PRIVACY INDICATORS . . . . . . . . . . . . . . . . . . . . . . . . . . V-11
9.4 CONNECTION THROUGH STP . . . . . . . . . . . . . . . . . . . . . . . . V-12
9.5 THIRD PARTY SIGNALING PROVIDERS. . . . . . . . . . . . . . . . . . . . V-12
9.6 MULTI-FREQUENCY SIGNALING. . . . . . . . . . . . . . . . . . . . . . . V-12
10. SERVICE QUALITY AND PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . V-12
11. NETWORK OUTAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-12
ARTICLE VI
RESALE OF SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS. . . . . . . . . . . . . . . . . . . . . . . . .VII-1
1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-1
2. UNBUNDLED NETWORK ELEMENTS. . . . . . . . . . . . . . . . . . . . . . . . .VII-1
2.1 CATEGORIES. . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-1
2.2 PRICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-1
2.3 INTERCONNECTION TO UNBUNDLED ELEMENTS . . . . . . . . . . . . . .VII-1
2.4 SERVICE QUALITY . . . . . . . . . . . . . . . . . . . . . . . . .VII-2
3. NETWORK INTERFACE DEVICE. . . . . . . . . . . . . . . . . . . . . . . . . .VII-2
3.1 DIRECT CONNECTION . . . . . . . . . . . . . . . . . . . . . . . .VII-2
3.2 NID TO NID CONNECTION . . . . . . . . . . . . . . . . . . . . . .VII-3
3.3 REMOVAL OF CABLE PAIRS. . . . . . . . . . . . . . . . . . . . . .VII-3
3.4 MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-3
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4. LOOP ELEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-4
4.1 SERVICE DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . .VII-4
4.2 CATEGORIES OF LOOPS . . . . . . . . . . . . . . . . . . . . . . .VII-4
4.3 CONDITIONED LOOPS . . . . . . . . . . . . . . . . . . . . . . . .VII-5
4.4 FEATURES, FUNCTIONS, ATTRIBUTES . . . . . . . . . . . . . . . . .VII-5
4.5 LOOP CARRIER TECHNOLOGIES . . . . . . . . . . . . . . . . . . . .VII-6
4.6 UNBUNDLED LOOP FACILITY QUALIFICATION . . . . . . . . . . . . . .VII-7
4.7 COMPATIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . .VII-8
4.8 SUBLOOPS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-8
5. PORT AND LOCAL SWITCHING ELEMENTS . . . . . . . . . . . . . . . . . . . . .VII-8
5.1 PORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-8
5.2 PORTS AVAILABLE AS UNBUNDLED NETWORK ELEMENTS . . . . . . . . . .VII-9
5.3 PORT PRICES . . . . . . . . . . . . . . . . . . . . . . . . . . .VII-9
5.4 LOCAL SWITCHING . . . . . . . . . . . . . . . . . . . . . . . . .VII-9
5.5 COMPLIANCE WITH SECTION . . . . . . . . . . . . . . . . . . . . VII-10
5.6 SHARED TRANSPORT. . . . . . . . . . . . . . . . . . . . . . . . VII-10
6. DEDICATED TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-11
7. SS7 TRANSPORT AND SIGNALING . . . . . . . . . . . . . . . . . . . . . . . VII-12
8. LIDB SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-12
9. DATABASE 800-TYPE SERVICES. . . . . . . . . . . . . . . . . . . . . . . . VII-12
10. OPERATOR SERVICES (OS) AND DIRECTORY ASSISTANCE (DA). . . . . . . . . . . VII-12
11. CUSTOMIZED ROUTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-13
12. ADVANCED INTELLIGENT NETWORK ACCESS (AIN) . . . . . . . . . . . . . . . . VII-14
13. NONDISCRIMINATION PROVISION AND SUPPORT . . . . . . . . . . . . . . . . . VII-14
14. PROVISIONING INTERVALS. . . . . . . . . . . . . . . . . . . . . . . . . . VII-14
15. DIRECTORY ASSISTANCE LISTING. . . . . . . . . . . . . . . . . . . . . . . VII-14
ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS. . . . . . . . . VIII-1
1. BONA FIDE REQUEST PROCESS . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
1.1 INTENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
1.2 PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
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2. TRANSFER OF SERVICE ANNOUNCEMENTS . . . . . . . . . . . . . . . . . . . . VIII-1
3. MISDIRECTED CALLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
4. 911/E911 ARRANGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
4.1 DESCRIPTION OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . VIII-2
4.2 TRANSPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
4.3 COOPERATION AND LEVEL OF PERFORMANCE . . . . . . . . . . . . . . . . VIII-2
4.4 BASIC 911 AND E911 GENERAL REQUIREMENTS. . . . . . . . . . . . . . . VIII-3
4.5 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-8
5. INFORMATION SERVICES TRAFFIC. . . . . . . . . . . . . . . . . . . . . . . VIII-8
5.1 ROUTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-8
5.2 BILLING AND COLLECTION AND INFORMATION SERVICE PROVIDER (ISP)
REMUNERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-8
5.3 900-976 CALL BLOCKING. . . . . . . . . . . . . . . . . . . . . . . . VIII-9
5.4 MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-9
6. TELEPHONE RELAY SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . VIII-9
7. DIRECTORY ASSISTANCE (DA) AND OPERATOR SERVICES (OS). . . . . . . . . . . VIII-9
7.1 DIRECTORY ASSISTANCE CALLS . . . . . . . . . . . . . . . . . . . . . VIII-9
7.2 OPERATOR SERVICES CALLS. . . . . . . . . . . . . . . . . . . . . . . VIII-9
8. DIRECTORY ASSISTANCE LISTINGS INFORMATION . . . . . . . . . . . . . . . .VIII-10
9. DIRECTORY LISTINGS AND DIRECTORY DISTRIBUTION . . . . . . . . . . . . . .VIII-10
10. BUSY LINE VERIFICATION AND BUSY LINE VERIFICATION INTERRUPT . . . . . . .VIII-11
11. SAG.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .VIII-11
12. DIALING FORMAT CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . .VIII-11
13. OPERATIONAL SUPPORT SYSTEMS (OSS) . . . . . . . . . . . . . . . . . . . .VIII-11
ARTICLE IX
COLLOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1
1. PHYSICAL COLLOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1
1.1 SPACE PLANNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-1
1.2 CONNECTION TO CUSTOMER LOOPS AND PORTS . . . . . . . . . . . . . . . . IX-1
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1.3 CONNECTION TO OTHER COLLOCATED CARRIERS. . . . . . . . . . . . . . . . IX-2
1.4 CHOICE OF VENDOR . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-2
1.5 MONITORING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-2
1.6 PHONE SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-2
1.7 INTRAOFFICE DIVERSITY. . . . . . . . . . . . . . . . . . . . . . . . . IX-2
1.8 NOTIFICATION OF MODIFICATIONS. . . . . . . . . . . . . . . . . . . . . IX-2
1.9 DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX-3
1.10 CONSTRUCTION OF SPACE. . . . . . . . . . . . . . . . . . . . . . . . . IX-3
1.11 CONNECTION EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . IX-4
1.12 ACCESS TO ACI COLLOCATION SPACE. . . . . . . . . . . . . . . . . . . . IX-4
1.14 COMMON COLLOCATION SPACE . . . . . . . . . . . . . . . . . . . . . . . IX-5
2. ACCESS TO UNBUNDLED ELEMENTS. . . . . . . . . . . . . . . . . . . . . . . . IX-5
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY. . . . . . . . . . . . . .X-1
APPENDIX A
SERVICE MATRIX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A-1
APPENDIX B
INTERCONNECTION, TELECOMMUNICATIONS SERVICESAND FACILITIES AGREEMENT. . . . .B-1
APPENDIX C
RATES AND CHARGES FORTRANSPORT AND TERMINATION OF TRAFFIC . . . . . . . . . .C-1
APPENDIX D
RATES AND CHARGES FOR INTERIM NUMBER PORTABILITY USING RCF. . . . . . . . . .D-1
APPENDIX E
(Reserved For Future Use) . . . . . . . . . . . . . . . . . . . . . . . . . .E-1
APPENDIX F
PRICES FOR UNBUNDLED ELEMENTS . . . . . . . . . . . . . . . . . . . . . . . .F-2
APPENDIX G
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS . . . . . . . . . . . . . . . . .G-1
APPENDIX H
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE . . . . . . . . . . .H-1
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APPENDIX I
(Reserved For Future Use) . . . . . . . . . . . . . . . . . . . . . . . . . .I-1
APPENDIX J
(Reserved For Future Use) . . . . . . . . . . . . . . . . . . . . . . . . . .J-1
APPENDIX K
(Reserved For Future Use) . . . . . . . . . . . . . . . . . . . . . . . . . .K-1
APPENDIX L
COMPENSATION FOR EXCHANGE OF TRAFFIC USING UNBUNDLED ELEMENTS . . . . . . . .L-1
APPENDIX 46A
GTE/ACI OPT-IN NEGOTIATION ISSUES MCI TERMS . . . . . . . . . . . . . . . .46A-1
APPENDIX 46B
GTE/ACI OPT-IN NEGOTIATION ISSUES GTE TERMS . . . . . . . . . . . . . . . .46B-1
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This Interconnection, Resale and Unbundling Agreement (the "Agreement"), is made
effective as of _______________, 199__, by and between GTE California
Incorporated, with its address for purposes of this Agreement at ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ("GTE"), and ACI CORP. dba Accelerated
Connections, Inc., in its capacity as a certified provider of telecommunications
services ("ACI"), with its address for this Agreement at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇,
▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (GTE and ACI being referred to
collectively as the "Parties" and individually as a "Party"). This Agreement
covers services in the state of California only (the "State").
WHEREAS, interconnection between competing Local Exchange Carriers ("LECs") is
necessary and desirable for the mutual exchange and termination of traffic
originating on each LEC's network; and
WHEREAS, the Parties desire to exchange such traffic and related signaling in a
technically and economically efficient manner at defined and mutually agreed
upon interconnection points; and
WHEREAS, the Parties wish to enter into an agreement to interconnect their
respective telecommunications networks on terms that are fair and equitable to
both Parties; and
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act") imposes
specific obligations on LECs with respect to the interconnection of their
networks, resale of their telecommunications services, access to their poles,
ducts, conduits and rights-of-way and, in certain cases, the offering of certain
unbundled network elements and physical collocation of equipment in LEC
premises; and
WHEREAS, both Parties agree that: rates in this Agreement are those that
resulted from the arbitration of the MCI agreement, which is currently on
appeal; both Parties wish to avoid the expense and delay of arbitrating rates in
this Agreement; ACI is putting itself in the legal position of MCI with respect
to those rates in this Agreement that are drawn from the MCI arbitration; GTE is
fully preserving its legal positions, rights and remedies with respect to those
rates, and; the Parties will conform the rates in this Agreement to the results
of that appeal and any subsequent proceedings.
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, GTE and ACI hereby covenant and agree as follows:
ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to
one another within each area in which they both operate within the State for
purposes of interconnection and the exchange of traffic between their
respective end user customers, and reciprocal access to poles, ducts,
conduits and rights-of-way. This Agreement also governs the purchase by ACI
of certain unbundled network elements from GTE, and the terms and conditions
of the collocation of certain equipment of ACI in the premises of GTE. This
Agreement will be submitted to the California Public Utilities Commission
(the "Commission") for approval. The Parties agree that their entrance into
this Agreement is without prejudice to and does not waive any positions they
may have taken previously, or may take in the future, in any legislative,
regulatory, judicial or other public forum addressing any matters, including
matters related to the same types of arrangements and/or matters related to
GTE's cost recovery covered in this Agreement. ACI agrees to negotiate
nondiscriminatory terms and conditions for the provision of services and
facilities to GTE. GTE's execution of this Agreement is not a concession or
waiver in any manner concerning its position that certain of the rates
contained herein are unlawful, illegal and improper.
The services and facilities to be provided to ACI by GTE in satisfaction of
this Agreement may be provided pursuant to GTE tariffs and then current
practices. As to services and facilities, the terms of which are governed by
tariff pursuant to the terms of this Agreement, then modification to the
tariff terms will be deemed to be applicable to any rates, terms, and
conditions of this Agreement, unless otherwise specified herein in accordance
with Article III, Section 40. Should services and facilities, the terms of
which are defined in this Agreement (and not governed by tariff pursuant to
terms of this Agreement), be modified by an immediately effective Order,
including any modifications resulting from other Commission proceedings,
federal court review or other judicial action, the modifications will be
deemed to be applicable to any rates, terms, and conditions of this
Agreement, unless otherwise specified herein in accordance with Article III,
Section 40.
I-1
ARTICLE II
DEFINITIONS
1. GENERAL DEFINITIONS. Except as otherwise specified herein, the following
definitions shall apply to all Articles and Appendices contained in this
Agreement. Additional definitions that are specific to the matters
covered in a particular Article may appear in that Article. To the
extent that there may be any conflict between a definition set forth in
this Article II and any definition in a specific Article or Appendix, the
definition set forth in the specific Article or Appendix shall control
with respect to that Article or Appendix.
1.1 "ACCESS SERVICE REQUEST" (ASR) means an industry standard form used by
the Parties to add, establish, change or disconnect services or trunks
for the purposes of Interconnection.
1.2 "ACT" means the Telecommunications Act of 1996, Public Law 104-104 of the
▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Congress effective February 8, 1996.
1.3 "AFFILIATE" of a Party means a person, corporation or other legal entity
that, directly or indirectly, owns or controls a Party, or is owned or
controlled by, or is under common ownership or control with a Party.
1.4 "AMA" means the Automated Message Accounting structure inherent in switch
technology that initially records telecommunication message information.
AMA format is contained in the Automated Message Accounting document,
published by Bellcore as GR-1100-CORE which defines the industry standard
for message recording.
1.5 "APPLICABLE LAW" shall mean all laws, statutes, common law, regulations,
ordinances, codes, rules, guidelines, orders, permits, and approvals of
any Governmental Authority, which apply or relate to the subject matter
of this Agreement.
1.6 "AUTOMATIC LOCATION IDENTIFICATION/DATA MANAGEMENT SYSTEM (ALI/DMS)"
means the emergency services (E911/911) database containing customer
location information (including name, address, telephone number, and
sometimes special information from the local service provider) used to
process subscriber access records into Automatic Location Identification
(ALI) records. From this database, records are forwarded to GTE's ALI
Gateway for downloading by local ALI database systems to be available for
retrieval in response to ANI from a 9-1-1 call. Also, from this
database, GTE will upload to its selective routers the selective router
ALI (SR/ALI) which is used to determine to which Public Safety Answering
Point ("PSAP") to route the call.
II-1
1.7 "AUTOMATIC NUMBER IDENTIFICATION" OR "ANI" refers to the number
transmitted through the network identifying the calling party.
1.8 "BELLCORE" means an organization owned jointly by the ▇▇▇▇ regional
holding companies and that may in the future be owned partially or
totally by other persons, that conducts research and development projects
for its owners, including development of new telecommunications services.
Bellcore also provides certain centralized technical and management
services for the regional holding companies and also provides generic
requirements for the telecommunications industry for products, services
and technologies.
1.9 "▇▇▇▇-AND-KEEP ARRANGEMENT" means a compensation arrangement whereby the
Parties do not render bills to each other for the termination of local
traffic specified in this Agreement and whereby the Parties terminate
local exchange traffic originating from end-users served by the networks
of the other Party without explicit charging among or between said
carriers for such traffic exchange.
1.10 "BONA FIDE REQUEST (BFR)" process is intended to be used when requesting
customized Service Orders for certain services, features, capabilities or
functionality defined and agreed upon by the Parties as services to be
ordered as Bona Fide Requests.
1.11 "BUSINESS DAY" shall mean Monday through Friday, except for holidays on
which the U.S. mail is not delivered.
1.12 "CENTRAL OFFICE SWITCH" means a switch used to provide telecommunications
services including (i) "END OFFICE SWITCHES" which are Class 5 switches
from which end user Exchange Services are directly connected and offered,
and (ii) "TANDEM OFFICE SWITCHES" which are Class 4 switches which are
used to connect and switch trunk circuits between and among central
office switches. Central office switches may be employed as combination
end office/tandem office switches (combination Class 5/Class 4).
1.13 "CENTRALIZED MESSAGE DISTRIBUTION SYSTEM" (CMDS) means the billing record
and clearing house transport system that the Regional ▇▇▇▇ Operating
Companies ("RBOCs") and other incumbent LECs use to efficiently exchange
out collects and in collects as well as Carrier Access Billing System
("CABS") records.
1.14 "CLLI CODES" means Common Language Location Identifier Codes.
1.15 "COMMERCIAL MOBILE RADIO SERVICES" (CMRS) means a radio communication
service between mobile stations or receivers and land stations, or by
mobile stations communicating among themselves that is provided for
profit and that
II-2
makes interconnected service available to the public or to such classes
of eligible users as to be effectively available to a substantial
portion of the public.
1.16 "COMMISSION" means the California Public Utiltites Commission.
1.17 "COMMON CHANNEL SIGNALING" OR "CCS" means a high-speed specialized
packet-switched communications network that is separate (out-of-band)
from the public packet-switched and message networks. CCS carries
addressed signaling messages for individual trunk circuits and/or
database-related services between Signaling Points in the CCS network
using SS7 signaling protocol.
1.18 "COMPETITIVE LOCAL EXCHANGE CARRIER" (CLEC) means any company or person
authorized to provide local exchange services in competition with an
ILEC.
1.19 "COMPLIANCE" means environmental and safety laws and regulations are
based upon a federal regulatory framework, with certain responsibilities
delegated to the States. An environmental/safety compliance program may
include review of applicable laws/regulations, development of written
procedures, training of employees and auditing.
1.20 "CUSTOMER" may mean GTE or ACI depending on the context and which Party
is receiving the service from the other Party.
1.21 "CUSTOMER USAGE DATA" means that the local telecommunications services
usage data of a ACI customer, measured in minutes, sub-minute increments,
message units, or otherwise, that is recorded and exchanged by the
Parties.
1.22 "DS-1" is a digital signal rate of 1.544 Mbps.
1.23 "DS-3" is a digital signal rate of 44.736 Mbps.
1.24 "ELECTRONIC FILE TRANSFER" refers to a system or process which utilizes
an electronic format and protocol to send/receive data files.
1.25 "EMR" means the Exchange Message Record which is an industry standard
record used to exchange telecommunications message information among
CLECs for billable, non-billable, sample, settlement and study data. EMR
format is defined in BR-010-200-010 ▇▇▇▇ Exchange Message Record,
published by Bellcore and which defines the industry standard for
exchange message records.
1.26 "E-911 SERVICE" is a method of routing 911 calls to a Public Service
Answering Point that uses a customer location database to determine the
location to
II-3
which a call should be routed. E-9-1-1 service includes the forwarding
of the caller's Automatic Number Identification (ANI) to the PSAP where
the ANI is used to retrieve and display the Automatic Location
Identification (ALI) on a terminal screen at the answering Attendant's
position. It usually includes selective routing.
1.27 "EXCHANGE SERVICE" shall be defined as set forth in the Act.
1.28 "EIS" OR "EXPANDED INTERCONNECTION SERVICE" means a service that provides
interconnecting carriers with the capability to terminate basic
transmission facilities, including optical terminating equipment and
multiplexers, at GTE's wire centers and access tandems and interconnect
those facilities with the facilities of GTE. Microwave is available on a
case-by-case basis where feasible.
1.29 "FACILITY" means all buildings, equipment, structures and other items
located on a single site or contiguous or adjacent sites owned or
operated by the same persons or person as used in Article III, Section
44.
1.30 "FCC" means the Federal Communications Commission.
1.31 "GENERATOR" means under Resource Conservation Recovery Act (RCRA), the
person whose act produces a hazardous waste (40 CFR 261) or whose act
first causes a hazardous waste to become subject to regulation. The
generator is legally responsible for the proper management and disposal
of hazardous wastes in accordance with regulations.
1.32 "GTOC" means GTE Telephone Operating Company.
1.33 "GUIDE" means the GTE Open Market Transition Order/Processing Guide/ALEC
Customer Guide, which contains GTE's operating procedures for ordering,
provisioning, trouble reporting and repair for resold services and
unbundled elements. Except as specifically provided otherwise in this
Agreement, service ordering, provisioning, billing and maintenance shall
be governed by the "Guide" which may be amended from time to time by GTE
as needed. GTE will provide notification to ACI at least 30 days in
advance of implementing any material changes in procedures contained in
the Guide. Notification may be accomplished via industry standard
notification processes, GTE's Internet site, or other means.
1.34 "HAZARDOUS CHEMICAL" means as defined in the U.S. Occupational Safety and
Health (OSHA) hazard communication standard (29 CFR 1910.1200), any
chemical which is a health hazard or physical hazard.
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1.35 "HAZARDOUS WASTE" means as described in Resource Conservation and
Recovery Act (RCRA), a solid waste(s) which may cause, or significantly
contribute to an increase in mortality or illness or pose a substantial
hazard to human health or the environment when improperly treated,
stored, transported or disposed of or otherwise managed because of its
quantity, concentration or physical or chemical characteristics.
1.36 "IMMINENT DANGER" means as described in the Occupational Safety and
Health Act and expanded for environmental matters, any conditions or
practices at a facility which are such that a danger exists which could
reasonably be expected to cause death or serious harm or significant
damage to the environment or natural resources.
1.37 "INCUMBENT LOCAL EXCHANGE CARRIER" (ILEC) means any local exchange
carrier that was as of February 8, 1996, deemed to be a member of the
Exchange Carrier Association as set forth in 47 C.F.R. Section 69.601(b)
of the FCC's regulations.
1.38 "INTERIM NUMBER PORTABILITY (INP)" means the delivery of LNP
capabilities, from a customer standpoint in terms of call completion,
with as little impairment of functioning, quality, reliability, and
convenience as possible and from a carrier standpoint in terms of
compensation, through the use of existing and available call routing,
forwarding, and addressing capabilities.
1.39 "INTERCONNECTION POINT" ("IP") means the physical point on the network
where the two parties interconnect. The "IP" is the demarcation point
between ownership of the transmission facility.
1.40 "ISDN USER PART (ISUP)" means a part of the SS7 protocol that defines
call setup messages and call takedown messages.
1.41 "IXC" OR "INTEREXCHANGE CARRIER" means a telecommunications service
provider authorized by the FCC to provide interstate long distance
communications services between LATAs and are authorized by the State to
provide inter- and/or intraLATA long distance communications services
within the State.
1.42 "INTERNETWORK FACILITIES" OR "INTERCONNECTION FACILITY" means the
physical connection of separate pieces of equipment, transmission
facilities, etc., within, between and among networks, for the
transmission and routing of exchange service and exchange access.
1.43 "LATA" means Local Access and Transport Area. A LATA denotes a
geographic area for the provision and administration of communications
service; I.E., intraLATA or interLATA.
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1.44 "LINE INFORMATION DATA BASE (LIDB)" means one or all, as the context may
require, of the Line Information databases owned individually by GTE and
other entities which provide, among other things, calling card validation
functionality for telephone line number cards issued by GTE and other
entities. A LIDB also contains validation data for collect and third
number-billed calls; i.e., Billed Number Screening.
1.45 "LINE SIDE" refers to an end office switch connection that has been
programmed to treat the circuit as a local line connected to an ordinary
telephone station set. Line side connections offer only those
transmission and signaling features appropriate for a connection between
an end office and an ordinary telephone set.
1.46 "LOCAL EXCHANGE CARRIER" OR "LEC" means any company certified by the
Commission to provide local exchange telecommunications service. This
includes the Parties to this Agreement.
1.47 "LOCAL EXCHANGE ROUTING GUIDE" OR "LERG" means the Bellcore reference
customarily used to identify NPA-NXX routing and homing information, as
well as network element and equipment designation.
1.48 "LOCAL NUMBER PORTABILITY (LNP)" 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.
1.49 "LOCAL TRAFFIC" means traffic that is originated by an end user of one
Party and terminates to the end user of the other Party within GTE's then
current local serving area, including mandatory local calling scope
arrangements. A mandatory local calling scope arrangement is an
arrangement that provides end users a local calling scope, Extended Area
Service ("EAS"), beyond their basic exchange serving area. Local Traffic
does NOT include optional local calling scopes (i.e., optional rate
packages that permit the end user to choose a local calling scope beyond
their basic exchange serving area for an additional fee), referred to
hereafter as "optional EAS." Local Traffic excludes Information Service
Providers ("ISP") traffic (E.G., Internet, paging, 900-976, etc.).
1.50 "MDF" OR "MAIN DISTRIBUTION FRAME" means the distribution frame used to
interconnect cable pairs and line trunk equipment terminating on a
switching system.
1.51 "MEET-POINT BILLING" OR "MPB" refers to an arrangement whereby two LECs
jointly provide the transport element of a switched access service to one
of the
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LEC's end office switches, with each LEC receiving an appropriate
share of the transport element revenues as defined by their effective
access tariffs.
1.52 "MECAB" refers to the MULTIPLE EXCHANGE CARRIER ACCESS BILLING ("MECAB")
document prepared by the Billing Committee of the Ordering and Billing
Forum ("OBF"), which functions under the auspices of the Carrier Liaison
Committee ("CLC") of the Alliance for Telecommunications Industry
Solutions ("ATIS"). The MECAB document, published by Bellcore as Special
Report SR-BDS-000983, contains the recommended guidelines for the billing
of an access service provided by two or more LECs, or by one LEC in two
or more states within a single LATA.
1.53 "MECOD" refers to the MULTIPLE EXCHANGE CARRIERS ORDERING AND DESIGN
("MECOD") GUIDELINES FOR ACCESS SERVICES - INDUSTRY SUPPORT INTERFACE, a
document developed by the Ordering/Provisioning Committee under the
auspices of the Ordering and Billing Forum ("OBF"), which functions under
the auspices of the Carrier Liaison Committee ("CLC") of the Alliance for
Telecommunications Industry Solutions ("ATIS"). The MECOD document,
published by Bellcore as Special Report SR-STS-002643, establish methods
for processing orders for access service which is to be provided by two
or more LECs.
1.54 "MID-SPAN FIBER MEET" means an Interconnection architecture whereby two
carriers' fiber transmission facilities meet at a mutually agreed-upon
POI.
1.55 "NANP" means the "North American Numbering Plan", the system of telephone
numbering employed in the United States, Canada, and the Caribbean
countries that employ NPA 809.
1.56 "NETWORK ELEMENT" means a facility or equipment used in the provision of
a telecommunications service. Network Element 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.
1.57 "NID" OR "NETWORK INTERFACE DEVICE" means the point of demarcation
between the end user's inside wiring and GTE's facilities.
1.58 "NUMBERING PLAN AREA" OR "NPA" is also sometimes referred to as an area
code. This is the three digit indicator which is defined by the "A",
"B", and "C" digits of each 10-digit telephone number within the NANP.
Each NPA contains 800 possible NXX Codes. There are two general
categories of NPA, "GEOGRAPHIC NPAs" and "NON-GEOGRAPHIC NPAs". A
Geographic NPA is
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associated with a defined geographic area, and all telephone numbers
bearing such NPA are associated with services provided within that
geographic area. A Non-Geographic NPA, also known as a "SERVICE ACCESS
CODE" or "SAC CODE" is typically associated with a pecialized
telecommunications service which may be provided across multiple
geographic NPA areas. 800, 900, 700, and 888 are examples of
Non-Geographic NPAs.
1.59 "NXX", "NXX CODE", "CENTRAL OFFICE CODE" OR "CO CODE" is the three digit
switch entity indicator which is defined by the "D", "E", and "F" digits
of a 10-digit telephone number within the NANP. Each NXX Code contains
10,000 station numbers.
1.60 "911 SERVICE" means a universal telephone number which gives the public
direct access to the PSAP. Basic 911 service collects 911 calls from
one or more local exchange switches that serve a geographic area. The
calls are then sent to the correct authority designated to receive such
calls.
1.61 "OWNER AND OPERATOR" means as used in OSHA regulations, owner is the
legal entity, including a lessee, which exercises control over management
and record keeping functions relating to a building or facility. As used
in the Resource Conservation and Recovery Act (RCRA), operator means the
person responsible for the overall (or part of the) operations of a
facility.
1.62 "POI" means Point of Interconnection designated for routing of local
interconnection trunks.
1.63 "POLE ATTACHMENT" has the meaning as set forth in Article X and APPENDIX
J of this Agreement.
1.64 "PROVIDER" may mean GTE or ACI depending on the context and which Party
is providing the service to the other Party.
1.65 "PUBLIC SAFETY ANSWERING POINT" OR "PSAP" means an answering location for
9-1-1 calls originating in a given area. A PSAP may be designated as
Primary or Secondary, which refers to the order in which calls are
directed for answering. Primary PSAPs respond first; Secondary PSAPs
receive calls on a transfer basis only, and generally serve as a
centralized answering location for a particular type of emergency call.
PSAPs are staffed by employees of Emergency Response Agencies ("ERAs")
such as police, fire or emergency medical agencies or by employees of a
common bureau serving a group of such entities.
1.66 "RATE CENTER" means the specific geographic point and corresponding
geographic area that are associated with one or more particular NPA-NXX
Codes that have been assigned to a LEC for its provision of Exchange
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Services. The geographic point is identified by a specific Vertical and
Horizontal (V&H) coordinate that is used to calculate distance-sensitive
end user traffic to/from the particular NPA-NXXs associated with the
specific Rate Center.
1.67 "RIGHT-OF-WAY" OR "ROW" means the right to use the land or other property
of another party to place poles, conduits, cables, other structures and
equipment, or to provide passage to access such structures and equipment.
A ROW may run under, on, or above public or private property (including
air space above public or private property) and may include the right to
use discrete space in buildings, building complexes, or other locations.
1.68 "ROUTING POINT" denotes a location that a LEC has designated on its
network as the homing (routing) point for traffic that terminates to
Exchange Services provided by the LEC that bear a certain NPA-NXX
designation. The Routing Point is used to calculate airline mileage for
the distance-sensitive transport element charges of Switched Access
Services. Pursuant to Bellcore Practice BR795-100-100, the Routing Point
may be an end office location, or a "LEC Consortium Point of
Interconnection." The Routing Point must be in the same LATA as the
associated NPA-NXX.
1.69 "SERVICE CONTROL POINT" OR "SCP" is the node in the signaling network to
which informational requests for service handling, such as routing, are
directed and processed. The SCP is a real time database system that,
based on a query from the SSP, performs subscriber or
application-specific service logic, and then sends instructions back to
the SSP on how to continue call processing.
1.70 "SERVICE SWITCHING POINT" OR "SSP" means a Signaling Point that can
launch queries to databases and receive/interpret responses used to
provide specific customer services.
1.71 "SIGNALING POINT" OR "SP" means a node in the CCS network that originates
and/or receives signaling messages, or transfers signaling messages from
one signaling link to another, or both.
1.72 "SIGNALING SYSTEM 7" OR "SS7" means the signaling protocol, Version 7, of
the CCS network, based upon American National Standards Institute
("ANSI") standards.
1.73 "SIGNAL TRANSFER POINT" OR "STP" means a packet switch in the CCS
network that is used to route signaling messages among SSPs, SCPs and
other STPs in order to set up calls and to query databases for advanced
services. GTE's network includes mated pairs of local and regional STPs.
STPs are provided in pairs for redundancy. GTE STPs conform to ANSI
T1.111-8 standards.
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1.74 "SUBSIDIARY" of a Party means a corporation or other legal entity that is
majority owned by such Party.
1.75 "SYNCHRONOUS OPTICAL NETWORK" OR "SONET" means synchronous electrical
("STS") or optical channel ("OC") connections between LECs.
1.76 "SWITCHED ACCESS SERVICE" means the offering of facilities for the
purpose of the origination or termination of traffic to or from Exchange
Service customers in a given area pursuant to a switched access tariff.
Switched Access Services include: Feature Group A, Feature Group B,
Feature Group C, Feature Group D, 800 access and 900 access services.
1.77 "TELECOMMUNICATIONS SERVICES" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the
facilities used.
1.78 "THIRD PARTY CONTAMINATION" means environmental pollution that is not
generated by the LEC or CLEC but results from off-site activities
impacting a facility.
1.79 "TRUNK SIDE" refers to a central office switch connection that is capable
of, and has been programmed to treat the circuit as, connecting to
another switching entity, for example, to another central office switch.
Trunk side connections offer those transmission and signaling features
appropriate for the connection of switching entities and cannot be used
for the direct connection of ordinary telephone station sets.
1.80 "UNDEFINED TERMS" means the Parties acknowledge that terms may appear in
this Agreement which are not defined and agree that any such terms shall
be construed in accordance with their customary usage in the
telecommunications industry as of the effective date of this Agreement.
1.81 "VERTICAL FEATURES" (INCLUDING "CLASS FEATURES") means vertical services
and switch functionalities provided by GTE, including: Automatic Call
Back; Automatic Recall; Call Forwarding Busy Line/Don't Answer; Call
Forwarding Don't Answer; Call Forwarding Variable; Call Forwarding - Busy
Line; Call Trace; Call Waiting; Call Number Delivery Blocking Per Call;
Calling Number Blocking Per Line; Cancel Call Waiting; Distinctive
Ringing/Call Waiting; Incoming Call Line Identification Delivery;
Selective Call Forward; Selective Call Rejection; Speed Calling; and
Three Way Calling/Call Transfer.
1.82 "WIRE CENTER" means a building or space within a building that serves as
an aggregation point on a LEC's network, where transmission facilities
and circuits are connected or switched. "Wire center" can also denote a
building in which
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one or more Central Offices, used for the provision of exchange services
and access services, are located.
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ARTICLE III
GENERAL PROVISIONS
1. SCOPE OF GENERAL PROVISIONS. Except as may otherwise be set forth in a
particular Article or Appendix of this Agreement, in which case the
provisions of such Article or Appendix shall control, these General
Provisions apply to all Articles and Appendices of this Agreement.
2. TERM AND TERMINATION.
2.1 TERM. Subject to the termination provisions contained in this Agreement,
the term of this Agreement shall be two (2) years from the effective date
referenced in the first paragraph of this Agreement and shall continue in
effect for consecutive one (1) year terms until either Party gives the
other Party at least ninety (90) calendar days written notice of
termination, which termination shall be effective at the end of the
then-current term. In the event notice is given less than 90 calendar days
prior to the end of the current term, this Agreement shall remain in
effect for 90 calendar days after such notice is received, provided, that
in no case shall the term be extended beyond 90 calendar days after the
end of the current term.
2.2 POST-TERMINATION ARRANGEMENTS. Except in the case of termination as a
result of either Party's default or a termination upon sale, for service
arrangements made available under this Agreement and existing at the time
of termination, those arrangements may continue without interruption
(a) under a new agreement voluntarily executed by the Parties; (b) standard
terms and conditions approved and made generally effective by the
Commission, if any; (c) tariff terms and conditions made generally
available to all CLECs; or (d) any rights under Section 252(i) of the
Act.
2.3 TERMINATION UPON DEFAULT. Either Party may terminate this Agreement in
whole or in part in the event of a default by the other Party; PROVIDED
HOWEVER, that the non-defaulting Party notifies the defaulting party in
writing of the alleged default and that the defaulting Party does not
cure the alleged default within sixty (60) calendar days of receipt of
written notice thereof. Default is defined to include:
(a) A Party's insolvency or the initiation of bankruptcy or
receivership proceedings by or against the Party; or
(b) A Party's refusal or failure in any material respect properly to
perform its obligations under this Agreement, or the violation any
of the material terms or conditions of this Agreement.
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2.4 TERMINATION UPON SALE. Notwithstanding anything to the contrary
contained herein, a Party may terminate this Agreement as to a specific
operating area or portion thereof of such Party if such Party sells or
otherwise transfers the area or portion thereof. The Party shall provide
the other Party with at least ninety (90) calendar days' prior written
notice of such termination, which shall be effective on the date
specified in the notice. Notwithstanding termination of this Agreement
as to a specific operating area, this Agreement shall remain in full
force and effect in the remaining operating areas.
2.5 LIABILITY UPON TERMINATION. Termination of this Agreement, or any part
hereof, for any cause shall not release either Party from any liability
which at the time of termination had already accrued to the other Party
or which thereafter accrues in any respect to any act or omission
occurring prior to the termination or from an obligation which is
expressly stated in this Agreement to survive termination.
3. AMENDMENTS. Any amendment, modification, or supplement to this Agreement
must be in writing and signed by an authorized representative of each
Party. The term "this Agreement" shall include future amendments,
modifications, and supplements.
4. ASSIGNMENT. Any assignment by either Party of any right, obligation, or
duty, in whole or in part, or of any interest, without the written
consent of the other Party shall be void, except that either Party may
assign all of its rights, and delegate its obligations, liabilities and
duties under this Agreement, either in whole or in part, to any entity
that is, or that was immediately preceding such assignment, a Subsidiary
or Affiliate of that Party without consent, but with written
notification. Consent for assignment will not be unreasonably withheld.
The effectiveness of an assignment shall be conditioned upon the
assignee's written assumption of the rights, obligations, and duties of
the assigning Party.
5. AUTHORITY. Each person whose signature appears on this Agreement
represents and warrants that he or she has authority to bind the Party on
whose behalf he or she has executed this Agreement.
6. RESPONSIBILITY FOR PAYMENT. All charges for Services provided under this
Agreement will be billed to ACI, including all applicable taxes and
surcharges. In addition, the End User Common Line (EUCL) Charge from
GTOC Tariff FCC No. 1 is applicable to Resold Services. ACI is
responsible for payment of charges billed regardless of any billing
arrangements or situation between ACI and its end user customer.
7. BILLING AND PAYMENT. Except as provided elsewhere in this Agreement and
where applicable, in conformance with MECAB and MECOD guidelines, ACI
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and GTE agree to exchange all information to accurately, reliably, and
properly ▇▇▇▇ for features, functions and services rendered under this
Agreement.
7.1 DISPUTE. If one Party disputes a billing statement issued by the other
Party, the billed Party shall notify Provider in writing regarding the
nature and the basis of the dispute within six (6) months of the
statement date or the dispute shall be waived. The Parties shall
diligently work toward resolution of all billing issues.
7.2 LATE PAYMENT CHARGE. If any undisputed amount due on the billing
statement is not received by Provider on the payment due date, Provider
may charge, and Customer agrees to pay, at Provider's option, interest on
the past due balance at a rate equal to the lesser of the interest rates
set forth in the applicable GTE/Contel state access tariffs or the
GTOC/GSTC FCC No. 1 tariff, one and one-half percent (1 1/2%) per month or
the maximum nonusurious rate of interest under applicable law. Late
payment charges shall be included on the next statement.
7.3 DUE DATE. Payment is due 30 calendar days from the ▇▇▇▇ date.
7.4 AUDITS. Either Party may conduct an audit of the other Party's books and
records pertaining to the Services provided under this Agreement, no more
frequently than once per twelve (12) month period, to evaluate the other
Party's accuracy of billing, data and invoicing in accordance with this
Agreement. Any audit shall be performed as follows: (i) following at
least thirty (30) Business Days' prior written notice to the audited
Party; (ii) subject to the reasonable scheduling requirements and
limitations of the audited Party: (iii) at the auditing Party's sole cost
and expense; (iv) of a reasonable scope and duration; (v) in a manner so
as not to interfere with the audited Party's business operations; and
(vi) in compliance with the audited Party's security rules.
8. BINDING EFFECT. This Agreement shall be binding on and inure to the
benefit of the respective successors and permitted assigns of the
Parties.
9. CAPACITY PLANNING AND FORECASTING. Within thirty (30) days from the
Effective Date of this Agreement, the Parties agree to have met and
developed joint planning and forecasting responsibilities which are
applicable to Local Services, including Features, Network Elements, INP,
Interconnection Services, Collocation, Poles, Conduits and Rights of Way
(ROW). Such responsibilities shall include but are not limited to the
following:
(a) The Parties will establish periodic reviews of network and
technology plans and will notify one another no later than six (6)
months in advance of changes that would impact either Party's
provision of services.
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(b) ACI will furnish to GTE information that provides for state-wide
annual forecasts of order activity, in-service quantity forecasts,
and facility/demand forecasts.
(c) The Parties will develop joint forecasting responsibilities for
traffic utilization over trunk groups and yearly forecasted trunk
quantities.
(d) ACI shall notify GTE promptly of changes to current forecasts
(increase or decrease) that generate a shift in the demand curve
for the following forecasting period.
10. COMPLIANCE WITH LAWS AND REGULATIONS. Each Party shall comply with all
federal, state, and local statutes, regulations, rules, ordinances,
judicial decisions, and administrative rulings applicable to its
performance under this Agreement.
11. CONFIDENTIAL INFORMATION.
11.1 IDENTIFICATION. Either Party may disclose to the other proprietary or
confidential customer, technical, or business information in written,
graphic, oral or other tangible or intangible forms ("Confidential
Information"). In order for information to be considered Confidential
Information under this Agreement, it must be marked "Confidential" or
"Proprietary," or bear a marking of similar import if in written or
graphic form, or be identified as confidential at the time of disclosure
if oral. Orally or visually disclosed information shall be deemed
Confidential Information only if contemporaneously identified as such and
reduced to writing and delivered to the other Party with a statement or
marking of confidentiality within thirty (30) calendar days after oral or
visual disclosure.
Notwithstanding the foregoing, preorders and all orders for Services or
network elements placed by ACI pursuant to this Agreement, and
information that would constitute customer proprietary network
information of ACI end user customers pursuant to the Act and the rules
and regulations of the FCC, as well as recorded usage information with
respect to ACI end users, whether disclosed by ACI to GTE or otherwise
acquired by GTE in the course of its performance under this Agreement,
and where GTE is the NANP Number Plan Administrator, ACI information
submitted to GTE in connection with such responsibilities shall be deemed
Confidential Information of ACI for all purposes under this Agreement
whether or not specifically marked or designated as confidential or
proprietary.
11.2 HANDLING. In order to protect such Confidential Information from
improper disclosure, each Party agrees:
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(a) That all Confidential Information shall be and shall remain the
exclusive property of the source;
(b) To limit access to such Confidential Information to authorized
employees who have a need to know the Confidential Information for
performance of this Agreement;
(c) To keep such Confidential Information confidential and to use the
same level of care to prevent disclosure or unauthorized use of
the received Confidential Information as it exercises in
protecting its own Confidential Information of a similar nature;
(d) Not to copy, publish, or disclose such Confidential Information to
others or authorize anyone else to copy, publish, or disclose such
Confidential Information to others without the prior written
approval of the source;
(e) To return promptly any copies of such Confidential Information to
the source at its request; and
(f) To use such Confidential Information only for purposes of
fulfilling work or services performed hereunder and for other
purposes only upon such terms as may be agreed upon between the
Parties in writing.
(g) Neither Party's retail operations shall have access to, know of,
be permitted to obtain, be provided with, obtain disclosure about
or otherwise have communicated to it any information defined as
Confidential Information.
11.3 EXCEPTIONS. These obligations shall not apply to any Confidential
Information that was legally in the recipient's possession prior to
receipt from the source, was received in good faith from a Third Party
not subject to a confidential obligation to the source, now is or later
becomes publicly known through no breach of confidential obligation by
the recipient, was developed by the recipient without the developing
persons having access to any of the Confidential Information received in
confidence from the source, or that is required to be disclosed pursuant
to subpoena or other process issued by a court or administrative agency
having appropriate jurisdiction, provided, however, that the recipient
shall give prior notice to the source and shall reasonably cooperate if
the source deems it necessary to seek protective arrangements.
11.4 SURVIVAL. The obligation of confidentiality and use with respect to
Confidential Information disclosed by one Party to the other shall
survive any termination of this Agreement for a period of three (3) years
from the date of the initial disclosure of the Confidential Information.
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12. CONSENT. Where consent, approval, or mutual agreement is required of a
Party, it shall not be unreasonably withheld or delayed.
13. COOPERATION ON FRAUD MINIMIZATION. ACI assumes responsibility for all
fraud associated with its end user customers and accounts. GTE shall
have no responsibility for, nor is it required to investigate or make
adjustments to ACI's account in cases of fraud. The Parties agree that
they shall cooperate with one another to resolve cases of fraud. The
Parties' fraud minimization procedures are to be cost effective and
implemented so as not to unduly burden or harm one Party as compared to
the other.
14. DISPUTE RESOLUTION.
14.1 ALTERNATIVE TO LITIGATION. Except as provided under Section 252 of the
Act with respect to the approval of this Agreement by the Commission, the
Parties desire to resolve disputes arising out of or relating to this
Agreement without litigation. Accordingly, except for action seeking a
temporary restraining order or an injunction related to the purposes of
this Agreement, or suit to compel compliance with this dispute resolution
process, the Parties agree to use the following alternative dispute
resolution procedures as their sole remedy with respect to any
controversy or claim arising out of or relating to this Agreement or its
breach. Nothing in this section shall be construed to divest the
Commission or the FCC of any jurisdiction they otherwise have over
matters of public policy or interpretation of, and compliance with, state
or federal law, and either Party may seek redress from the Commission or
FCC to resolve such matters, as provided by state or federal law.
14.2 NEGOTIATIONS. At the written request of a Party, each Party will appoint
a knowledgeable, responsible representative to meet and negotiate in good
faith to resolve any dispute arising out of or relating to this
Agreement. The Parties intend that these negotiations be conducted by
non-lawyer, business representatives. The location, format, frequency,
duration, and conclusion of these discussions shall be left to the
discretion of the representatives. Upon agreement, the representatives
may utilize other alternative dispute resolution procedures such as
mediation to assist in the negotiations. Discussions and correspondence
among the representatives for purposes of these negotiations shall be
treated as confidential information developed for purposes of settlement,
exempt from discovery, and shall not be admissible in the arbitration
described below or in any lawsuit without the concurrence of all Parties.
Documents identified in or provided with such communications, which are
not prepared for purposes of the negotiations, are not so exempted and
may, if otherwise discoverable, be discovered or otherwise admissible, be
admitted in evidence, in the arbitration or lawsuit.
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14.3 ARBITRATION. If the negotiations do not resolve the dispute within sixty
(60) Business Days of the initial written request, the dispute shall be
submitted to binding arbitration by a single arbitrator pursuant to the
Commercial Arbitration Rules of the American Arbitration Association
except that the Parties may select an arbitrator outside American
Arbitration Association rules upon mutual agreement. A Party may demand
such arbitration in accordance with the procedures set out in those
rules. Discovery shall be controlled by the arbitrator and shall be
permitted to the extent set out in this section. Each Party may submit
in writing to a Party, and that Party shall so respond to, a maximum of
any combination of thirty-five (35) (none of which may have subparts) of
the following: interrogatories, demands to produce documents, or requests
for admission. Each Party is also entitled to take the oral deposition
of one individual of another Party. Additional discovery may be
permitted upon mutual agreement of the Parties. The arbitration hearing
shall be commenced within sixty (60) Business Days of the demand for
arbitration. The arbitration shall be held in a mutually agreeable city.
The arbitrator shall control the scheduling so as to process the matter
expeditiously. The Parties may submit written briefs. The arbitrator
shall rule on the dispute by issuing a written opinion within thirty (30)
Business Days after the close of hearings. The times specified in this
section may be extended upon mutual agreement of the Parties or by the
arbitrator upon a showing of good cause. Judgment upon the award
rendered by the arbitrator may be entered in any court having
jurisdiction.
14.4 EXPEDITED ARBITRATION PROCEDURES. If the issue to be resolved through
the negotiations referenced in Section 14.2 directly and materially
affects service to either Party's end user customers, then the period of
resolution of the dispute through negotiations before the dispute is to
be submitted to binding arbitration shall be five (5) Business Days.
Once such a service affecting dispute is submitted to arbitration, the
arbitration shall be conducted pursuant to the expedited procedures rules
of the Commercial Arbitration Rules of the American Arbitration
Association (i.e., rules 53 through 57).
14.5 COSTS. Each Party shall bear its own costs of these procedures. A Party
seeking discovery shall reimburse the responding Party the costs of
production of documents (including search time and reproduction costs).
The Parties shall equally split the fees of the arbitration and the
arbitrator.
14.6 CONTINUOUS SERVICE. The Parties shall continue providing services to
each other during the pendency of any dispute resolution procedure, and
the Parties shall continue to perform their obligations (including making
payments in accordance with Article IV, Section 4) in accordance with
this Agreement.
15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
Parties pertaining to the subject matter of this Agreement and supersedes
all
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prior agreements, negotiations, proposals, and representations, whether
written or oral, and all contemporaneous oral agreements, negotiations,
proposals, and representations concerning such subject matter. No
representations, understandings, agreements, or warranties, expressed or
implied, have been made or relied upon in the making of this Agreement
other than those specifically set forth herein.
16. EXPENSES. Except as specifically set out in this Agreement, each Party
shall be solely responsible for its own expenses involved in all
activities related to the subject of this Agreement.
17. FORCE MAJEURE. In the event performance of this Agreement, or any
obligation hereunder, is either directly or indirectly prevented,
restricted, or interfered with by reason of fire, flood, earthquake or
likes acts of God, wars, revolution, civil commotion, explosion, acts of
public enemy, embargo, acts of the government in its sovereign capacity,
labor difficulties, including without limitation, strikes, slowdowns,
picketing, or boycotts, unavailability of equipment from vendor, changes
requested by Customer, or any other circumstances beyond the reasonable
control and without the fault or negligence of the Party affected, the
Party affected, upon giving prompt notice to the other party, shall be
excused from such performance on a day-to-day basis to the extent of such
prevention, restriction, or interference (and the other Party shall
likewise be excused from performance of its obligations on a day-to-day
basis until the delay, restriction or interference has ceased); PROVIDED
HOWEVER, that the Party so affected shall use diligent efforts to avoid
or remove such causes of nonperformance and both Parties shall proceed
whenever such causes are removed or cease.
18. GOOD FAITH PERFORMANCE. In the performance of their obligations under
this Agreement, the Parties shall act in good faith. In situations in
which notice, consent, approval or similar action by a Party is permitted
or required by any provision of this Agreement, such action shall not be
unreasonably delayed, withheld or conditioned.
19. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the domestic laws of the state where the Services are
provided or the facilities reside and shall be subject to the exclusive
jurisdiction of the courts therein.
20. STANDARD PRACTICES. The Parties acknowledge that GTE shall be adopting
some industry standard approaches and/or establishing its own standard
approaches to various requirements, such as preordering, ordering,
provisioning, and billing procedures, hereunder applicable to CLEC
industry which may be added in the Guide. ACI agrees that GTE may
implement such approaches under this Agreement. A copy has been provided
to ACI and is incorporated by reference into this Agreement. GTE will
provide at least 30 days advanced notification of
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any material changes in procedures contained in the Guide. Notification
may be accomplished via industry standard notification processes, GTE's
Internet site, or other means.
21. HEADINGS. The headings in this Agreement are inserted for convenience
and identification only and shall not be considered in the interpretation
of this Agreement.
22. INDEPENDENT CONTRACTOR RELATIONSHIP. The persons provided by each Party
shall be solely that Party's employees and shall be under the sole and
exclusive direction and control of that Party. They shall not be
considered employees of the other Party for any purpose. Each Party
shall remain an independent contractor with respect to the other and
shall be responsible for compliance with all laws, rules and regulations
involving, but not limited to, employment of labor, hours of labor,
health and safety, working conditions and payment of wages. Each Party
shall also be responsible for payment of taxes, including federal, state
and municipal taxes, chargeable or assessed with respect to its employees,
such as Social Security, unemployment, workers' compensation, disability
insurance, and federal and state withholding. Each Party shall indemnify
the other for any loss, damage, liability, claim, demand, or penalty that
may be sustained by reason of its failure to comply with this provision.
23. LAW ENFORCEMENT INTERFACE.
23.1 Except to the extent not available in connection with GTE's operation of
its own business, GTE shall provide seven day a week/twenty-four hour a
day assistance to law enforcement persons for emergency traps, assistance
involving emergency traces and emergency information retrieval on customer
invoked CLASS services, including, without limitation, call traces
requested by ACI.
23.2 GTE agrees to work jointly with ACI in security matters to support law
enforcement agency requirements for taps, traces, court orders, etc.
Charges for providing such services for ACI Customers will be billed to
ACI.
23.3 GTE will, in non emergency situations, inform the requesting law
enforcement agencies that the end-user to be wire tapped, traced, etc. is
a ACI Customer and shall refer them to ACI.
24. LIABILITY AND INDEMNITY.
24.1 INDEMNIFICATION. Subject to the limitations set forth in Section 24.4 of
this Article III, each Party agrees to release, indemnify, defend, and
hold harmless the other Party from all losses, claims, demands, damages,
expenses, suits, or
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other actions, or any liability whatsoever, including, but not limited
to, costs and attorney's fees, whether suffered, made, instituted, or
asserted by any other party or person, for invasion of privacy, personal
injury to or death of any person or persons, or for losses, damages, or
destruction of property, whether or not owned by others, proximately
caused by the indemnifying Party's negligence or willful misconduct,
regardless of form of action. The indemnified Party agrees to notify
the other Party promptly, in writing, of any written claims, lawsuits,
or demands for which it is claimed that the indemnifying Party is
responsible under this Section and to cooperate in every reasonable way
to facilitate defense or settlement of claims. The indemnifying Party
shall have complete control over defense of the case and over the terms
of any proposed settlement or compromise thereof. The indemnifying Party
shall not be liable under this Section for settlement by the indemnified
Party or any claim, lawsuit, or demand, if the indemnifying Party has
not approved the settlement in advance, unless the indemnifying Party
has had the defense of the claim, lawsuit, or demand tendered to it in
writing and has failed to assume such defense. In the event of such
failure to assume defense, the indemnifying Party shall be liable for
any reasonable settlement made by the indemnified Party without approval
of the indemnifying Party.
24.2 END USER AND CONTENT-RELATED CLAIMS. Each Party agrees to release,
indemnify, defend, and hold harmless the other Party, its affiliates, and
any third-party provider or operator of facilities involved in the
provision of Services, Unbundled Network Elements or Facilities under
this Agreement (collectively, the "Indemnified Party") from all losses,
claims, demands, damages, expenses, suits, or other actions, or any
liability whatsoever, including, but not limited to, costs and attorney's
fees, suffered, made, instituted, or asserted by either Party's end users
against an Indemnified Party arising from Services, Unbundled Network
Elements or Facilities. Each Party further agrees to release, indemnify,
defend, and hold harmless the Indemnified Party from all losses, claims,
demands, damages, expenses, suits, or other actions, or any liability
whatsoever, including, but not limited to, costs and attorney's fees,
suffered, made, instituted, or asserted by any Third Party against an
Indemnified Party arising from or in any way related to actual or alleged
defamation, libel, slander, interference with or misappropriation of
proprietary or creative right, or any other injury to any person or
property arising out of content transmitted by the Indemnified Party or
such Party's end users, or any other act or omission of the Indemnified
Party or such Party's end users.
24.3 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS
AGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMER
CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, UNBUNDLED NETWORK
ELEMENTS OR FACILITIES PROVIDED UNDER THIS AGREEMENT. PROVIDER
DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OR
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GUARANTEE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE.
24.4 LIMITATION OF LIABILITY. Each Party's liability, whether in contract,
tort or otherwise, shall be limited to direct damages, which shall not
exceed the amount of $1.5 million dollars per calendar year, for each
year this Agreement is in effect, for any and all claims arising during
such calendar year. Under no circumstance shall either Party be
responsible or liable for indirect, incidental, or consequential damages,
including, but not limited to, economic loss or lost business or profits,
damages arising from the use or performance of equipment or software, or
the loss of use of software or equipment, or any accessories attached
thereto, delay, error, or loss of data. Should either Party provide
advice, make recommendations, or supply other analysis related to the
Services, unbundled network elements or facilities described in this
Agreement, this limitation of liability shall apply to provision of such
advice, recommendations, and analysis.
24.5 INTELLECTUAL PROPERTY. Neither Party shall have any obligation to
defend, indemnify or hold harmless, or acquire any license or right for
the benefit of, or owe any other obligation or have any liability to, the
other based on or arising from any claim, demand, or proceeding by any
Third Party alleging or asserting that the use of any circuit, apparatus,
or system, or the use of any software, or the performance of any service
or method, or the provision or use of any facilities by either Party
under this Agreement constitutes direct or contributory infringement, or
misuse or misappropriation of any patent, copyright, trademark, trade
secret, or any other proprietary or intellectual property right of any
Third Party.
25. MULTIPLE COUNTERPARTS. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which
shall together constitute but one and the same document.
26. NO OFFER. This Agreement will be effective only upon execution and
delivery by both Parties and approval by the Commission in accordance
with Section 252 of the Act.
27. NO THIRD PARTY BENEFICIARIES. Except as may be specifically set forth in
this Agreement, this Agreement does not provide and shall not be
construed to provide third parties with any remedy, claim, liability,
reimbursement, cause of action, or other right or privilege.
28. NOTICES. Any notice to a Party required or permitted under this
Agreement shall be in writing and shall be deemed to have been received
on the date of service if served personally, on the date receipt is
acknowledged in writing by
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the recipient if delivered by regular U.S. mail, or on the date stated
on the receipt if delivered by certified or registered mail or by a
courier service that obtains a written receipt. Upon prior immediate
oral agreement of the parties' designated recipients identified below,
notice may also be provided by facsimile, internet or electronic
messaging system, which shall be effective if sent before 5:00 p.m. on
that day, or if sent after 5:00 p.m. it will be effective on the next
Business Day following the date sent. Any notice shall be delivered
using one of the alternatives mentioned in this section and shall be
directed to the applicable address indicated below or such address as
the Party to be notified has designated by giving notice in compliance
with this section:
If to GTE: GTE California Incorporated
Attention: Director-Contract Compliance
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇
Telephone number: ▇▇▇-▇▇▇-▇▇▇▇
Facsimile number: ▇▇▇-▇▇▇-▇▇▇▇
and
GTE California Incorporated
Attention: Assistant Vice President/Associate General
Counsel
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Telephone number: ▇▇▇-▇▇▇-▇▇▇▇
Facsimile number: ▇▇▇-▇▇▇-▇▇▇▇
If to ACI: ACI Corp.
Attention: ▇▇▇▇ ▇▇▇▇, Vice President
▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Telephone number: ▇▇▇-▇▇▇-▇▇▇▇
29. PROTECTION.
29.1 IMPAIRMENT OF SERVICE. The characteristics and methods of operation of
any circuits, facilities or equipment of either Party connected with the
services, facilities or equipment of the other Party pursuant to this
Agreement shall not interfere with or impair service over any facilities
of the other Party, its affiliated companies, or its connecting and
concurring carriers involved in its services, cause damage to their
plant, violate any applicable law or regulation regarding the invasion of
privacy of any communications carried over the Party's facilities
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or create hazards to the employees of either Party or to the public (each
hereinafter referred to as an "Impairment of Service").
29.2 RESOLUTION. If either Party causes an Impairment in Service, the Party
whose network or service is being impaired (the "Impaired Party") shall
promptly notify the Party causing the Impairment of Service (the
"Impairing Party") of the nature and location of the problem and that,
unless promptly rectified, a temporary discontinuance of the use of any
circuit, facility or equipment may be required. The Impairing Party and
the Impaired Party agree to work together to attempt to promptly resolve
the Impairment of Service. If the Impairing Party is unable to promptly
remedy the Impairment of Service, then the Impaired Party may at its
option temporarily discontinue the use of the affected circuit, facility
or equipment.
29.3 Sections 29.1 and 29.2 above do not address spectrum compatibility issues
associated with service enhancing technologies deployed over unbundled
loops. Spectrum compatibility is separately addressed in Article VII,
section 4 of this Agreement.
30. PUBLICITY. Any news release, public announcement, advertising, or any
form of publicity pertaining to this Agreement, provision of Services,
Unbundled Network Elements or Facilities pursuant to it, or association
of the Parties with respect to provision of the services described in
this Agreement shall be subject to prior written approval of both GTE and
ACI.
31. REGULATORY AGENCY CONTROL. This Agreement shall at all times be subject
to changes, modifications, orders, and rulings by the Federal
Communications Commission and/or the applicable state utility regulatory
commission to the extent the substance of this Agreement is or becomes
subject to the jurisdiction of such agency.
32. (INTENTIONALLY LEFT BLANK).
33. EFFECTIVE DATE. If this Agreement or changes or modifications thereto
are subject to approval of a regulatory agency, the "effective date" of
this Agreement for such purposes will be ten (10) Business Days after
such approval or in the event this Agreement is developed in whole or in
part through arbitration, sixty (60) Business Days after such approval.
Such date (i.e., ten (10) or, if arbitrated, sixty (60) Business Days
after the approval) shall become the "effective date" of this Agreement
for all purposes.
34. REGULATORY MATTERS. Each Party shall be responsible for obtaining and
keeping in effect all their own FCC, state regulatory commission,
franchise authority and
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other regulatory approvals that may be required in connection with the
performance of its obligations under this Agreement.
35. RULE OF CONSTRUCTION. No rule of construction requiring interpretation
against the drafting party hereof shall apply in the interpretation of
this Agreement.
36. SECTION REFERENCES. Except as otherwise specified, references within an
Article of this Agreement to a Section refer to Sections within that same
Article.
37. SERVICE STANDARDS.
37.1 The Parties shall meet applicable quality of local service standards
imposed by the Commission and will provide a level of services to each
other under this Agreement in compliance with the nondiscrimination
requirements of the Act.
37.2 The Parties will alert each other to any network events that can result
or have resulted in service interruption, blocked calls, and/or changes
in network performance.
38. SEVERABILITY. If any provision of this Agreement is held by a court or
regulatory agency of competent jurisdiction to be unenforceable, the rest
of the Agreement shall remain in full force and effect and shall not be
affected unless removal of that provision results, in the opinion of
either Party, in a material change to this Agreement. If a material
change as described in this paragraph occurs as a result of action by a
court or regulatory agency, the Parties shall negotiate in good faith for
replacement language. If replacement language cannot be agreed upon
within a reasonable period, either Party may terminate this Agreement
without penalty or liability for such termination upon written notice to
the other Party.
39. SUBCONTRACTORS. Provider may enter into subcontracts with third parties
or affiliates for the performance of any of Provider's duties or
obligations under this Agreement.
40. SUBSEQUENT LAW. The terms and conditions of this Agreement shall be
subject to any and all applicable laws, rules, or regulations that
subsequently may be prescribed or modified by any federal, state or local
governmental authority. To the extent required by any such subsequently
prescribed or modified law, rule, or regulation, the Parties agree to
modify, in writing, the affected term(s) and condition(s) of this
Agreement to bring them into compliance with such law, rule, or regulation.
41. TAXES. Any state or local excise, sales, or use taxes (excluding any
taxes levied on income) resulting from the performance of this Agreement
shall be borne by the Party upon which the obligation for payment is
imposed under
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applicable law, even if the obligation to collect and remit such taxes
is placed upon the other Party. The collecting Party shall charge and
collect from the obligated Party, and the obligated Party agrees to pay
to the collecting Party, all applicable taxes, except to the extent that
the obligated Party notifies the collecting Party and provides to the
collecting Party appropriate documentation as GTE requires that
qualifies the obligated Party for a full or partial exemption. Any such
taxes shall be shown as separate items on applicable billing documents
between the Parties. The obligated Party may contest the same in good
faith, at its own expense, and shall be entitled to the benefit of any
refund or recovery, provided that such Party shall not permit any lien
to exist on any asset of the other Party by reason of the contest. The
collecting Party shall cooperate in any such contest by the other Party.
The other Party will indemnify the collecting Party from any sales or
use taxes that may be subsequently levied on payments by the other Party
by the collecting Party.
41.1 Tax - A charge which is statutorily imposed by the state or local
jurisdiction and is either (a) imposed on the seller with the seller
having the right or responsibility to pass the charge(s) on to the
purchaser and the seller is responsible for remitting the charge(s) to
the state or local jurisdiction or (b) imposed on the purchaser with the
seller having an obligation to collect the charge(s) from the purchaser
and remit the charge(s) to the state or local jurisdiction.
Taxes shall include but not be limited to: federal excise tax,
state/local sales and use tax, state/local utility user tax, state/local
telecommunication excise tax, state/local gross receipts tax, and local
school taxes. Taxes shall not include income, income-like, gross
receipts on the revenue of a provider, or property taxes. Taxes shall
not include payroll withholding taxes unless specifically required by
statute or ordinance.
41.2 Fees/Regulatory Surcharges - A charge imposed by a regulatory authority,
other agency, or resulting from a contractual obligation, in which the
seller is responsible or required to collect the fee/surcharge from the
purchaser and the seller is responsible for remitting the charge to the
regulatory authority, other agency, or contracting party.
Fees/Regulatory Surcharges shall include but not be limited to E911/911,
E311/311, franchise fees, Lifeline, hearing impaired, and Commission
surcharges.
42. TRADEMARKS AND TRADE NAMES. Except as specifically set out in this
Agreement, nothing in this Agreement shall grant, suggest, or imply any
authority for one Party to use the name, trademarks, service marks, or
trade names of the other for any purpose whatsoever.
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43. WAIVER. The failure of either Party to insist upon the performance of
any provision of this Agreement, or to exercise any right or privilege
granted to it under this Agreement, shall not be construed as a waiver of
such provision or any provisions of this Agreement, and the same shall
continue in full force and effect.
44. ENVIRONMENTAL RESPONSIBILITY.
44.1 GTE and ACI agree to comply with applicable federal, state and local
environmental and safety laws and regulations including U.S.
Environmental Protection Agency (EPA) regulations issued under the Clean
Air Act, Clean Water Act, Resource Conservation and Recovery Act,
Comprehensive Environmental Response, Compensation and Liability Act,
Superfund Amendments and Reauthorization Act and the Toxic Substances
Control Act and OSHA regulations issued under the Occupational Safety and
Health Act of 1970. Each Party has the responsibility to notify the
other if Compliance inspections occur and/or citations are issued that
impact any aspect of this Agreement such as occurring on a LEC Facility
or involving ACI potential employee exposure.
44.2 GTE and ACI shall provide notice of known and recognized physical hazards
or hazardous chemicals that must include providing Material Safety Data
Sheets (MSDSs) for materials existing on site or brought on site to the
Facility. Each Party is required to provide specific notice for
potential imminent danger conditions which could include, but is not
limited to, a defective utility pole or significant petroleum
contamination in a manhole.
44.3 GTE will make available additional environmental control or safety
procedures for ACI to review and follow when working at a GTE Facility.
Providing these procedures, beyond government regulatory Compliance
requirements, is the decision of GTE. These practices/procedures will
represent the regular work practices required to be followed by the
employees and contractors of GTE for safety and environmental protection.
44.4 Any materials brought, used or remaining at the Facility by ACI are owned
by ACI. ACI will indemnify GTE for these materials. No substantial new
safety or environmental hazards can be created or new hazardous materials
can be used at a GTE Facility. ACI must demonstrate adequate emergency
response capabilities for its materials used or remaining at the GTE
Facility.
44.5 When Third Party contamination is discovered at a GTE Facility, the Party
uncovering the condition must notify the proper safety or environmental
authority, if required under applicable laws or regulations. ACI must
also notify GTE of Third Party contamination it discovers at GTE
facilities. The cost ▇▇▇▇▇▇ (requiring access) will become the
generator, as owner or operator, of
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any waste materials such as petroleum contaminated water, sewage or
manhole sediment. Notwithstanding Sections 24 and 44.9 hereunder, the
cost ▇▇▇▇▇▇ (requiring access) shall indemnify the other Party hereunder.
44.6 ACI should obtain and use its own environmental permits, if necessary.
If GTE's permit or EPA identification number must be used, ACI must
comply with all of GTE's environmental processes including environmental
"best management practices (BMP)" and/or selection of disposition vendors
and disposal sites.
44.7 ACI visitors must comply with GTE security, fire safety, safety,
environmental and building practices/codes including equivalent employee
training when working in GTE facilities.
44.8 GTE and ACI shall coordinate plans or information required to be
submitted to government agencies, such as emergency response plans and
community reporting. If fees are associated with filing, GTE and ACI
must develop a cost sharing procedure.
44.9 Notwithstanding Section 23, with respect to environmental responsibility
under this Section 44, GTE and ACI shall indemnify, defend and hold
harmless the other party from and against any claims (including, without
limitation, Third Party claims for personal injury or real or personal
property damage), judgments, damages (including direct and indirect
damage, and punitive damages), penalties, fines, forfeitures, cost,
liabilities, interest and losses proximately caused by the indemnifying
Party's negligent or willful misconduct regardless of form, or in
connection with the violation or alleged violation of any applicable
requirement with respect to the presence or alleged presence of
contamination arising out of the indemnifying party's acts or omissions
concerning its operations at the Facility.
44.10 Activities impacting safety or the environment of a Right of Way must be
harmonized with the specific agreement and the relationship between GTE
and the private land owner. This could include limitations on equipment
access due to environmental conditions (e.g., wetland area with equipment
restrictions).
45. TBD PRICES. Numerous provisions in this Agreement and its Attachments
refer to pricing principles. If a provision references prices in an
Attachment and there are no corresponding prices in such Attachment, such
price shall be considered "To Be Determined" (TBD). With respect to all
TBD prices, prior to ACI ordering any such TBD item, the Parties shall
meet and confer to establish a price. If the Parties are unable to reach
agreement on a price for such item, the requesting Party may elect to
enter into Dispute Resolution pursuant to Article III, Section 14 or the
Parties may agree on an interim price shall be set for such item that is
equal to the price for the nearest analogous item for which
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a price has been established (for example, if there is not an established
price for a non recurring charge (NRC) for a specific network element,
the Parties would use the NRC for the most analogous retail service for
which there is an established price). Any interim prices so set shall be
subject to modification by any subsequent decision of the Commission. If
an interim price is different from the rate subsequently established by
the Commission, any underpayment shall be paid by ACI to GTE, and any
overpayment shall be refunded by GTE to ACI, within 45 Business Days
after the establishment of the price by the Commission.
46. AMENDMENT OF CERTAIN RATES,TERMS AND CONDITIONS. The rates, terms and
conditions in this Agreement that are specified in Attachment 46A (the
"MCI Terms") were taken from the GTE/MCI Interconnection, Resale and
Unbundling Agreement (the MCI Agreement) approved by the Commission in
Application No. ▇▇-▇▇-▇▇▇. The rates, terms and conditions not included
in this Agreement but referenced in Attachment ▇▇▇ (▇▇▇ "▇▇▇ ▇▇▇▇▇") were
excluded from the MCI Agreement by the Commission in Application No.
▇▇-▇▇-▇▇▇. GTE and ACI agree that if the "MCI Terms" are deemed to be
unlawful, or are stayed, enjoined or otherwise modified, in whole or in
part, by a court or commission of competent jurisdiction, then this
Agreement shall be deemed to have been amended accordingly, by
modification of the "MCI Terms" or, as appropriate, the substitution of
"GTE Terms" for all stayed and enjoined "MCI Terms", and such amendments
shall be effective retroactive to the Effective Date of this Agreement.
GTE and ACI further agree that the terms and conditions of this Section
46 reflect certain requirements of the FCC's First Report and Order in CC
Docket No. 96-98. The terms and conditions of this Section 46 shall be
subject to any and all actions by any court or other governmental
authority that invalidate, stay, vacate or otherwise modify the FCC's
First Report and Order, in whole or in part ("Action"). To the extent
warranted by any such Action, the parties agree that this Section 46
shall be deemed to have been modified accordingly as in the first
paragraph of this Section 46. The parties agree to immediately apply any
affected terms and conditions in this Section 46, including any in other
sections and articles of this Agreement, consistent with such Action, and
within a reasonable time incorporate such modified terms and conditions
in writing into the Agreement. If the "MCI Terms" are affected by such
Action and they cannot be consistently applied therewith, the "GTE Terms"
shall apply. ACI acknowledges that GTE may seek to enforce such Action
before a commission or court of competent jurisdiction. GTE does not
waive any position regarding the illegality or inappropriateness of the
FCC's First Report and Order.
The rates, terms and conditions (including rates which may be applicable
under true-up) specified in both the "GTE Terms" and the "MCI Terms" are
further subject to amendment, retroactive to the Effective Date of the
Agreement, to
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provide for charges or rate adjustments resulting from future Commission
or other proceedings, including but not limited to any generic proceeding
to determine GTE's unrecovered costs (e.g., historic costs, contribution,
undepreciated reserve deficiency, or similar unrecovered GTE costs
(including GTE's end user surcharge)), the establishment of a
competitively neutral universal service system, or any appeal or other
litigation.
If the Commission (or any other commission or federal or state court) in
reviewing this Agreement pursuant to applicable state and federal laws,
including Section 252(e) of the Telecommunications Act of 1996, deletes
or modifies in any way this Section 46, then the Parties agree that they
will reopen negotiations within ten (10) days after receipt of the final
decision making such deletion or modification in order to negotiate
replacement provisions which comply with such Commission or court
requirements and which provide substantially the same protections to the
Parties as this Section 46. If the Parties cannot reach agreement as to
replacement provisions for this Section 46 within twenty (20) calendar
days of the initiation of negotiations, the Parties agree that this
entire Section 46 is void. In such event, within twenty five (25) days
following the close of the 20 day negotiation period, either Party may
initiate the Dispute Resolution Process provided in Article III, Section
14.1 herein regarding issues in dispute for such replacement provisions.
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ARTICLE IV
GENERAL RULES GOVERNING RESOLD SERVICES
AND UNBUNDLED ELEMENTS
1. GENERAL. General regulations, terms and conditions governing rate
applications, technical parameters, service availability, definitions and
feature interactions, as described in the appropriate GTE intrastate
local, toll and access tariffs, apply to retail services made available
by GTE to ACI for resale and unbundled network elements provided by GTE
to ACI, when appropriate, unless otherwise specified in this Agreement.
As applied to services or network elements offered under this Agreement,
the term "Customer" contained in the GTE Retail Tariff shall be deemed to
mean "ACI" as defined in this Agreement.
2. LIABILITY OF GTE.
2.1 INAPPLICABILITY OF TARIFF LIABILITY. GTE's general liability, as
described in the GTE Retail Tariff, does not extend to ACI's customers or
any other Third Party. Liability of GTE to ACI resulting from any and
all causes arising out of services, facilities, network elements or any
other items relating to this Agreement shall be governed by the liability
provisions contained in this Agreement and no other liability whatsoever
shall attach to GTE. GTE shall be liable for the individual services,
facilities or elements that it separately provides to ACI and shall not
be liable for the integration of components combined by ACI.
2.2 ACI TARIFFS OR CONTRACTS. GTE shall not be liable to ACI's end users or
any third parties for any indirect, special or consequential damages,
including, but not limited to, economic loss or lost business or profits,
whether foreseeable or not, and regardless of notification by ACI of the
possibility of such damages. Nothing in this Agreement shall be deemed
to create a Third Party beneficiary relationship with ACI's end users. To
the extent practicable, ACI will include a provision in its tariffs,
price lists, or contracts for services provided to its end users so
limiting the liability of LECs, such as GTE, that provide underlying
services, facilities, or network elements.
2.3 NO LIABILITY FOR ERRORS. GTE is not liable for mistakes that appear in
GTE's listings, 911 and other information databases, or for incorrect
referrals of end users to ACI for any ongoing ACI service, sales or
repair inquiries, and with respect to such mistakes or incorrect
referrals, ACI shall indemnify and hold GTE harmless from any and all
claims, demands, causes of action and liabilities whatsoever, including
costs, expenses and reasonable attorney's fees incurred on account
thereof, by third parties, including ACI's end users or employees. For
purposes of this Section 2.3, mistakes and incorrect referrals shall not
include matters arising out of the gross negligence, as evidenced by a
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pattern of excessive mistakes or errors, or willful misconduct of GTE or
its employees or agents.
3. UNAUTHORIZED CHANGES.
3.1 PROCEDURES. If ACI submits an order for resold services or unbundled
elements under this Agreement in order to provide service to an end user
that at the time the order is submitted is obtaining its local services
from GTE or another LEC using GTE resold services or unbundled elements,
and the end user notifies GTE that the end user did not authorize ACI to
provide local exchange services to the end user, ACI must provide GTE
with written documentation of authorization from that end user within
thirty (30) Business Days of notification by GTE. If ACI cannot provide
written documentation of authorization within such time frame, ACI must
within three (3) Business Days thereafter:
(a) notify GTE to change the end user back to the LEC providing
service to the end user before the change to ACI was made; and
(b) provide any end user information and billing records ACI has
obtained relating to the end user to the LEC previously serving the
end user; and
(c) notify the end user and GTE that the change back to the previous
LEC has been made.
Furthermore, GTE will ▇▇▇▇ the ACI fifty dollars ($50.00) per affected
line to compensate GTE for switching the end user back to the original
LEC.
4. IMPACT OF PAYMENT OF CHARGES ON SERVICE. ACI is solely responsible for
the payment of all charges for all services, facilities and elements
furnished under this Agreement, including, but not limited to, calls
originated or accepted at its or its end users' service locations. If
ACI fails to pay when due any and all charges billed to ACI under this
Agreement, including any late payment charges (collectively, "Unpaid
Charges"), and any or all such charges remain unpaid more than forty-five
(45) Business Days after the due date of such Unpaid Charges excepting
previously disputed charges for which ACI may withhold payment, GTE shall
notify ACI in writing that it must pay all Unpaid Charges to GTE within
seven (7) Business Days. If ACI disputes the billed charges, it shall,
within said seven (7) day period, inform GTE in writing of which portion
of the Unpaid Charges it disputes, including the specific details and
reasons for the dispute, unless such reasons have been previously
provided, and shall immediately pay to GTE all undisputed charges. If
ACI and GTE are unable, within thirty (30) Business Days thereafter, to
resolve issues related to the disputed charges, then either ACI or GTE
may file a request for arbitration under Article III of this Agreement to
resolve those issues. Upon
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resolution of any dispute hereunder, if ACI owes payment it shall make
such payment to GTE with any late payment charge under Article III,
Section 7.2, from the original payment due date. If ACI owes no payment,
but has previously paid GTE such disputed payment, then GTE shall credit
such payment including any late payment charges. GTE may discontinue
service to ACI upon failure to pay undisputed charges as provided in this
Section 4, and shall have no liability to ACI or ACI's end users in the
event of such disconnection.
5. UNLAWFUL USE OF SERVICE. Services, facilities or unbundled elements
provided by GTE pursuant to this Agreement shall not be used by ACI or
its end users for any purpose in violation of law. GTE, shall not be
responsible to ensure that ACI and its end users use of services,
facilities or unbundled elements provided hereunder comply at all times
with all applicable laws. GTE may refuse to furnish service to ACI or
disconnect particular services, facilities or unbundled elements provided
under this Agreement to ACI or, as appropriate, ACI's end user when (i)
an order is issued by a court of competent jurisdiction finding that
probable cause exists to believe that the use made or to be made of the
service, facilities or unbundled elements is prohibited by law or (ii)
GTE is notified in writing by a law enforcement agency acting within its
jurisdiction that any facility furnished by GTE is being used or will be
used for the purpose of transmitting or receiving gambling information in
interstate or foreign commerce in violation of law. Termination of
service shall take place after reasonable notice is provided to ACI, or
as ordered by the court. If facilities have been physically disconnected
by law enforcement officials at the premises where located, and if there
is not presented to GTE the written finding of a court, then upon request
of ACI and agreement to pay restoral of service charges and other
applicable service charges, GTE shall promptly restore such service.
6. TIMING OF MESSAGES. With respect to GTE resold measured rate local
service(s), chargeable time begins when a connection is established
between the calling station and the called station. Chargeable time
ends when the calling station "hangs up," thereby releasing the
network connection. If the called station "hangs up" but the calling
station does not, chargeable time ends when the network connection is
released by automatic timing equipment in the network Timing of
messages applicable to GTE's Port and Local Switching element (usage
sensitive services) will be recorded based on originating and
terminating access.
7. PROCEDURES FOR PREORDERING, ORDERING, PROVISIONING, ETC. Certain
procedures for preordering, ordering, provisioning, maintenance and
billing and electronic interfaces for many of these functions are
described in APPENDIX H. All costs and expenses for any new or
modified electronic interfaces ACI requires that
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GTE determines are technically feasible and GTE agrees to develop will
be paid by ACI pursuant to APPENDIX H. The schedule for
implementation of any new or modified electronic interfaces will be
developed by GTE according to industry standards and will be based
upon the amount of work needed to design, test and implement the new
or modified interface.
8. CUSTOMER CONTACTS. Except as otherwise provided in this Agreement or
as agreed to in a separate writing by ACI, ACI shall provide the
exclusive interface with ACI's end user customers in connection with
the marketing or offering of ACI services. Except as otherwise
provided in this Agreement, in those instances in which GTE personnel
are required pursuant to this Agreement to interface directly with
ACI's end users, such personnel shall not identify themselves as
representing GTE. All forms, business cards or other business
materials furnished by GTE to ACI end users shall bear no corporate
name, logo, trademark or trade name other than ACI's. In no event
shall GTE personnel acting on behalf of ACI pursuant to this Agreement
provide information to ACI end users about GTE products or services.
9. LETTER OF AUTHORIZATION.
9.1 GTE will not release the Customer Service Record (CSR) containing
Customer Priority Network Information (CPNI) to ACI on GTE end
user customer accounts unless ACI first provides to GTE a written
Letter of Authorization (LOA), signed by the end user customer,
authorizing the release of such information to ACI or if state or
federal law provides otherwise, in accordance with such law.
9.2 An (LOA) will be required before GTE will process an order for
Services provided in cases in which the subscriber currently
receives Exchange Service from GTE or from a local service
provider other than ACI. Such LOA may be a blanket LOA or such
other form as agreed upon between GTE and ACI.
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ARTICLE V
INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC
1. SERVICES COVERED BY THIS ARTICLE.
1.1 TYPES OF SERVICES. This Article governs the provision of internetwork
facilities (i.e., physical interconnection services and facilities),
meet point billing by GTE to ACI or by ACI to GTE and the transport
and termination and billing of Local, IntraLATA Toll, optional EAS
traffic and jointly provided Interexchange Carrier Access between GTE
and ACI. The services and facilities described in this Article shall
be referred to in this Article V as the "Services."
1.2 SERVICE LOCATIONS FOR INTERCONNECTION SERVICES AND FACILITIES.
APPENDIX A, Service Matrix, attached to this Agreement and made a part
hereof, sets forth the Services and each location in the State where a
Service shall be provided (the "Service Locations") and the
Interconnection Point ("IP") for such Services.
1.3 ADDITIONAL SERVICES OR SERVICE LOCATIONS. If, during the term of this
Agreement, the parties determine that additional services are needed
in the State, or existing Services will be offered in new locations in
the State, the Parties shall execute an amendment to this Agreement
substantially in the form of APPENDIX B attached to this Agreement and
made a part hereof, incorporating the additional locations and/or any
additional terms necessary for the additional services. Upon the
effective date of the amendment, and continuing through the remaining
term of this Agreement, the new services shall be deemed part of the
Services provided pursuant to this Article and/or the new locations
shall be deemed part of the Service Locations.
2. BILLING AND RATES.
2.1 RATES AND CHARGES. Customer agrees to pay to Provider the rates and
charges for the Services set forth in the applicable appendices to
this Agreement. GTE's rates and charges are set forth in APPENDIX C
attached to this Agreement and made a part hereof. ACI's separate
rates and charges are also set forth in APPENDIX C attached hereto and
made a part hereof.
2.2 BILLING. Provider shall render to Customer a ▇▇▇▇ for interconnection
services on a current basis. Charges for physical facilities and
other nonusage sensitive charges shall be billed in advance, except
for charges and credits associated with the initial or final bills.
Usage sensitive charges, such as charges for termination of Local
Traffic, shall be billed in arrears. ACI is required to order trunks
pursuant to Section 4.3.3 of this Article. Charges for traffic that
has been routed over a jurisdictionally inappropriate trunk group
(E.G., local traffic carried over trunks used for Switched Access
Traffic) may be adjusted to reflect
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the appropriate compensation arrangement and may be handled as a
post-billing adjustment to bills rendered. Additional matters
relating to billing are included in APPENDIX H attached to this
Agreement and made a part hereof.
3. TRANSPORT AND TERMINATION OF TRAFFIC.
3.1 TRAFFIC TO BE EXCHANGED. The Parties shall reciprocally terminate
Local, IntraLATA Toll, optional EAS and jointly provided Interexchange
Carrier Traffic originating on each other's networks utilizing either
Direct or Indirect Network Interconnections as provided in Section 4
or Section 5 herein. To this end, the Parties agree that there will
be interoperability between their networks. The Parties agree to
exchange traffic asociated with Third-Party LECs, CLECs and Wireless
Service Providers pursuant to the compensation arrangement specified
in Section 3.3 herein. Only traffic originated by or terminating to
the Parties' end user customers is to be exchanged. In addition, the
Parties will notify each other of any anticipated change in traffic to
be exchanged (E.G., traffic type, volume).
3.2 COMPENSATION FOR EXCHANGE OF TRAFFIC.
3.2.1 MUTUAL COMPENSATION. The Parties shall compensate each other for
the exchange of Local Traffic in accordance with Section 3.2.2 of
this Article. The Parties will develop an initial factor
representative of the share of traffic to be exempt from local
compensation. This factor will be updated quarterly in like manner
or as the Parties otherwise agree. Once the traffic that is
exempt from local compensation can be measured, the actual exempt
traffic will be used rather than the above factor. Charges for
the transport and termination of intraLATA toll and interexchange
traffic shall be in accordance with the Parties' respective
intrastate or interstate access tariffs, as appropriate.
3.2.2 ▇▇▇▇-AND-KEEP. The Parties shall assume that Local Traffic is
roughly balanced between the parties unless traffic studies
indicate otherwise. Accordingly, the Parties agree to use a ▇▇▇▇-
and-Keep Arrangement with respect to termination of Local Traffic
only. Either Party may request that a traffic study be performed
no more frequently than once a quarter. Should such traffic study
indicate, in the aggregate, that either Party is terminating more
than 60 percent of the Parties' total terminated minutes for Local
Traffic, either Party may notify the other that mutual
compensation will commence pursuant to the rates set forth in
APPENDIX C of this Agreement and following such notice it shall
begin and continue for the duration of the Term of this Agreement
unless otherwise agreed. Nothing in this Section 3.2.2 shall be
interpreted to (i) change compensation set forth in this Agreement
for traffic or services other than Local Traffic,
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including but not limited to internetwork facilities, access
traffic or wireless traffic, or (ii) allow either Party to
aggregate traffic other than Local Traffic for the purpose of
compensation under the ▇▇▇▇-and-Keep Arrangement described in
this Section 3.2.2, except as set forth in Section 3.1 above.
3.2.3 SHARING OF ACCESS CHARGES ON CALLS TO PORTED NUMBERS. Until
permanent number portability is implemented, the Parties agree
that switched access termination to a ported number will be billed
by the party providing interim number portability and that the
party billing the switched access will share the switched access
revenue with the other party. After permanent number portability
is implemented, the Parties agree to renegotiate sharing of access
charges to ported numbers in accordance with permanent number
portability requirements. In lieu of actual measurements of
minutes and/exchange of billing records for this traffic the
Parties agree that the Party providing the ported number will pay
the other Party the rate per line/per month as specified in
APPENDIX D.
(a) The number of lines/talk paths per ported number that are
subject to compensation will be determined at the time the
end user customer's local service is changed from one
party to the other. The number of lines per number
eligible for the shared revenue arrangement described in
this section will be limited to the number of lines in
service on the date of conversion plus a 10% growth
margin. After conversion the number of lines per number
available for compensation can only be increased by mutual
consent of the parties.
(b) The Parties agree that the compensation rate in paragraph
3.2.3 may change as a result of changes in access rates,
traffic volume or for other reasons and agree to
renegotiate the rate if a significant event occurs. At a
minimum, the parties agree to reevaluate the rate on an
annual basis.
(c) The Parties agree that terminating switched access calls
ported via interim number portability may appear to the
receiving party to be a local call and that the
implementation of reciprocal compensation for terminating
local calls may result in overcompensation for ported
switched access calls. Therefore, the Parties agree to
renegotiate the terminating shared access compensation
rate if reciprocal compensation for local calls is
implemented.
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3.3 TANDEM SWITCHING TRAFFIC. The Parties will provide tandem switching
for traffic between the Parties' end offices subtending each other's
access tandem, as well as for traffic between either Party's end users
and any Third Party which is interconnected to the other Party's
access tandems as follows:
3.3.1 The originating Party will compensate the tandem Party for each
minute of originated tandem switched traffic which terminates to
Third Party (e.g., other CLEC, ILEC, or wireless service
provider). The applicable rate for this charge is identified in
APPENDIX C.
3.3.2 The originating Party also assumes responsibility for compensation
to the company which terminates the call.
3.3.3 The Parties agree to enter into their own agreements with third-
party providers. In the event that ACI sends traffic through
GTE's network to a third-party provider with whom ACI does not
have a traffic interexchange agreement, then ACI agrees to
indemnify GTE for any termination charges rendered by a third-
party provider for such traffic.
3.4 INTER-TANDEM SWITCHING. The Parties will only use inter-tandem
switching for the transport and termination of intraLATA toll traffic
originating on each other's network at and after such time as either
(i) ACI has agreed to and fully implemented an existing intraLATA toll
compensation mechanism such as IntraLATA Terminating Access
Compensation (ITAC) or a functional equivalent thereof. The Parties
will only use inter-tandem switching for the transport and termination
of Local Traffic originating on each other's network at and after such
time as the Parties have agreed to and fully implemented generally
accepted industry signaling standards and AMA record standards which
support the recognition of multiple tandem switching events.
4. DIRECT NETWORK INTERCONNECTION.
4.1 NETWORK INTERCONNECTION ARCHITECTURE. ACI may interconnect with GTE
at any of the minimum technically feasible points required by the FCC.
Interconnection at additional points will be reviewed on an individual
case basis. Where the Parties mutually agree following a Bona Fide
Request to directly interconnect their respective networks,
interconnection will be as specified in the following subsections.
The "IPs" shall be set forth in APPENDIX A attached to this Agreement
and made a part hereof. Based on the configuration, the installation
timeline will vary considerably, however, GTE will work with ACI in
all circumstances to install "IPs" within 120 calendar days absent
extenuating circumstances. Internetwork connection and protocol must
be based on industry standards developed consistent with Section 256
of the Telecommunications Act of 1996.
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4.1.1 Subject to mutual agreement, the Parties may use the following
types of network facility interconnection for the purpose of
exchanging traffic, using such interface media as are (i)
appropriate to support the type of interconnection requested and
(ii) available at the facility at which interconnection is
requested. For each "IP" set forth in APPENDIX A, the Parties
shall specify the type of interconnection used at that "IP."
(a) A Mid-Span Fiber Meet within an existing GTE exchange
area whereby the Parties mutually agree to jointly plan
and engineer their facility "IP" at a designated manhole
or junction location. The "IP" is the demarcation between
ownership of the fiber transmission facility. Each party
is individually responsible for its incurred costs in
establishing this arrangement.
(b) A Virtual or Physical EIS arrangement at a GTE wire center
subject to the rates, terms, and conditions contained in
GTE's applicable tariffs.
(c) A Special Access arrangement terminating at a GTE wire
center subject to the rates, terms, and conditions
contained in GTE's applicable tariffs. These facilities
will meet the standards set forth in such tariffs.
4.1.2 Virtual and Physical EIS arrangements are governed by appropriate
GTE tariffs, except as provided in Article IX, Section 1.3.
4.1.3 The Parties will mutually designate at least one POI on GTE's
network within each GTE local calling area for the routing of
Local Traffic. Recording and billing of traffic routed over these
facilities shall be as provided in Section 3.4 of this Article.
4.2 COMPENSATION. The Parties agree to the following compensation for
internetwork facilities, depending on facility type.
4.2.1 Mid-Span Fiber Meet: GTE will charge special access (flat rated)
transport from the applicable intrastate access tariff and will
rate charges between the "IP" and GTE's interconnection switch.
Charges will be reduced to reflect the proportionate share of the
facility that is used for transport of traffic originated by GTE.
ACI will charge flat rated transport to GTE for ACI facilities
used by GTE at their tariffed rates or as mutually agreed, not to
exceed GTE rates. ACI will apply charges based on the lesser of;
(i) the airline mileage
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from the "IP" to the ACI switch; or (ii) the airline mileage from
the GTE switch to the serving area boundary.
4.2.2 Collocation: GTE will charge Virtual or Physical EIS rates from
the applicable GTE tariff. ACI will charge GTE flat rated
transport at their tariffed rates or as mutually agreed, not to
exceed GTE rates, to reflect the proportionate share of the
facility that is used for transport of traffic originated by GTE.
ACI will apply charges based on the lesser of; (i) the airline
mileage from the "IP" to the ACI switch; or (ii) two (2) times the
airline mileage from the GTE switch to the serving area boundary.
4.2.3 Special Access: GTE will charge special access rates from the
applicable GTE intrastate access tariff. Charges will be reduced
to reflect the proportionate share of the facility that is used
for transport of traffic originated by GTE. The Parties will
negotiate an initial factor representative of the proportionate
share of the facilities. This factor will be updated quarterly in
like manner or as the Parties otherwise agree.
4.3 TRUNKING REQUIREMENTS.
4.3.1 The Parties agree to establish trunk groups of sufficient capacity
from the interconnecting facilities such that trunking is
available to any switching center designated by either Party,
including end offices, tandems, 911 routing switches, and
directory assistance/operator service switches. The Parties will
mutually agree where one-way or two-way trunking will be
available. The Parties may use two-way trunks for delivery of
local traffic or either Party may elect to provision its own one-
way trunks for delivery of local traffic to the other Party. If a
Party elects to provision its own one-way trunks, that Party will
be responsible for its own expenses associated with the trunks.
4.3.2 ACI shall make available to GTE trunks over which GTE shall
terminate to end users of ACI-provided Exchange Services, Local
Traffic and intraLATA toll or optional EAS traffic originated from
end users of GTE-provided Exchange Service.
4.3.3 ACI and GTE shall, where applicable, make reciprocally available,
by mutual agreement, the required trunk groups to handle different
traffic types. ACI and GTE will support the provisioning of trunk
groups that carry combined or separate Local Traffic and intraLATA
toll and optional EAS traffic. GTE requires separate trunk groups
from ACI to originate and terminate interLATA calls and to provide
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Switched Access Service to IXCs. To the extent ACI desires to
have any Interexchange Carriers (IC) originate or terminate
traffic to ACI, ACI will arrange for such IC to issue an ASR to
GTE instructing GTE to route such traffic over the appropriate IC
trunk group. Until GTE receives and processes such ASR, the
traffic will not be routed.
4.3.3.1 Each Party agrees to route traffic only over the proper
jurisdictional trunk group.
4.3.3.2 Each Party shall only deliver traffic over the local
interconnection trunk groups to the other Party's
access tandem for those publicly-dialable NXX Codes
served by end offices that directly subtend the access
tandem or to those wireless service providers that
directly subtend the access tandem.
4.3.3.3 Neither party shall route Switched Access Service
traffic over local interconnection trunks, or local
traffic over Switched Access Service trunks.
4.3.4 ACI and GTE will reciprocally provide Percent Local Usage (PLU)
factors to each other on a quarterly basis to identify the proper
jurisdiction of each call type that is carried over the required
trunks.
4.3.5 Reciprocal traffic exchange arrangement trunk connections shall be
made at a DS-1 or multiple ▇▇-▇ ▇▇▇▇▇, ▇▇-▇, (SONET where
technically available) and shall be jointly-engineered to an
objective P.01 grade of service.
4.3.6 ACI and GTE agree to use diligent efforts to develop and agree on
a Joint Interconnection Grooming Plan prescribing standards to
ensure that the reciprocal traffic exchange arrangement trunk
groups are maintained at consistent P.01 or better grades of
service. Such plan shall also include mutually-agreed upon
default standards for the configuration of all segregated trunk
groups.
4.3.7 Signaling System 7 (SS7) Common Channel Signaling will be used to
the extent that such technology is available.
4.3.8 The Parties agree to offer and provide to each other B8ZS Extended
Superframe Format ("ESF") facilities, where available, capable of
voice and data traffic transmission.
4.3.9 The Parties will support intercompany 64kbps clear channel where
available.
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4.4 NETWORK REDESIGNS INITIATED BY GTE. GTE will not charge ACI when GTE
initiates its own network redesigns/reconfigurations.
4.5 INTERCONNECTION CALLING AND CALLED SCOPES FOR THE ACCESS TANDEM
INTERCONNECTION AND THE END OFFICE INTERCONNECTION.
4.5.1 GTE Access Tandem Interconnection calling scope (originating and
terminating) is to those GTE end offices which subtend the GTE
access tandem to which the connection is made except as provided
for in Section 3.3 herein.
4.5.2 GTE End Office Interconnection calling scope (originating and
terminating) is only to the end office to which the connection is
made.
5. INDIRECT NETWORK INTERCONNECTION. Neither Party shall deliver traffic
destined to terminate at the other Party's end office via another
LEC's end office. In addition, neither Party shall deliver traffic
destined to terminate at an end office subtending the other Party's
access tandem via another LEC's access tandem until such time as
compensation arrangements have been established in accordance with
Sections 3.1 and 3.4 herein.
6. NUMBER RESOURCES.
6.1 NUMBER ASSIGNMENT. Nothing in this Agreement shall be construed to,
in any manner, limit or otherwise adversely impact ACI's right to
employ or to request and be assigned any NANP number resources
including, but not limited to, Central Office (NXX) Codes pursuant to
the Central Office Code Assignment Guidelines. Any request for
numbering resources by ACI shall be made directly to the NANP Number
Plan Administrator. Except with respect to those areas in which GTE
is the NANP Number Plan Administrator, GTE shall not be responsible
for the requesting or assignment of number resources to ACI. The
Parties agree that disputes arising from numbering assignment shall be
arbitrated by the NANP Number Plan Administrator. ACI shall not
request number resources to be assigned to any GTE switching entity.
6.1.1 Each Party shall be responsible for notifying its customers of any
changes in numbering or dialing arrangements to include changes
such as the introduction of new NPAs or new NXX codes. Each Party
is responsible for administering NXX codes assigned to it.
6.2 RATE CENTERS. For purposes of compensation between the Parties and
the ability of GTE to appropriately apply its toll tariff to its end
user customers, ACI shall adopt the Rate Center areas and Rate Center
points that the Commission has approved for the incumbent LEC and
shall assign whole NPA-NXX codes to each Rate Center.
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6.3 ROUTING POINTS. ACI will also designate a Routing Point for each
assigned NXX code. ACI may designate one location within each Rate
Center as a Routing Point for the NPA-NXX associated with that Rate
Center; alternatively ACI may designate a single location within one
Rate Center to serve as the Routing Point for all the NPA-NXXs
associated with that Rate Center and with one or more other Rate
Centers served by ACI within an existing GTE exchange area and LATA.
6.4 CODE AND NUMBERS ADMINISTRATION. The Parties will comply with code
administration requirements as prescribed by the FCC, the Commission,
and accepted industry guidelines. Where GTE is the NANP Number Plan
Administrator, GTE will administer number resources, and charge for
such administration in accord with applicable rules and regulations.
GTE will administer numbering resources in a competitively neutral
manner, and process requests for NXX codes in a timely manner and in
accord with industry standards. The Parties shall protect ACI
proprietary information that may be submitted to GTE in connection
with GTE's responsibilities as NANP Number Plan Administrator in
accordance with Article III, Section 11 of this Agreement.
6.5 PROGRAMMING SWITCHES. It shall be the responsibility of each Party to
program and update its own switches and network systems pursuant to
the Local Exchange Routing Guide ("LERG") guidelines to recognize and
route traffic to the other Party's assigned NXX codes at all times.
Neither Party shall impose any fees or charges whatsoever on the other
Party for such activities.
7. NUMBER PORTABILITY.
7.1 INTERIM NUMBER PORTABILITY (INP). Each Party shall provide the other
Party with service provider number portability as an INP option for
the purpose of allowing end user customers to change service-providing
Parties without changing their telephone number. The Parties shall
provide service provider number portability to each other using remote
call forwarding ("RCF") and/or direct inward dialing (DID). The
requesting Party will provide "forward to" telephone number that is
within the same wire center. The GTE rates for INP service using RCF
are set out in Appendix D attached to this Agreement and made a part
hereof. ACI shall provide INP to GTE at the rates specified for ACI in
Appendix D.
If a Party wishes to use Direct Inward Dialing (DID) to provide INP to
its end users, dedicated truck group is required between the GTE end
office where the DID numbers are served into the CLEC switch. If
there are no existing facilities between GTE and the CLEC, the
dedicated facilities and transport trunks will be provisioned as
switched access or unbundled service using the Access Service Request
(ASR) provisioning process. The requesting Party will reroute the DID
numbers to the pre-positioned trunk group using an LSR. CLEC may
activate purchase DID trunk service from GTE using only the LSR at the
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Wholesale rates set out in Appendix E attached to this Agreement and
made a part hereof.
7.2 LOCAL NUMBER PORTABILITY (LNP). The Parties agree that they shall
develop and deploy number portability in accordance to with the Act,
such binding FCC and state mandates, and industry standards, as may be
applicable. Upon implementation of LNP, the Parties agree to
transition all INP customers and their services to LNP methods within
a mutually agreed upon time frame and to discontinue further use of
interim methods of number portability.
8. MEET-POINT BILLING.
8.1 MEET-POINT ARRANGEMENTS.
8.1.1 The Parties may mutually establish Meet-Point Billing ("MPB")
arrangements in order to provide Switched Access Services to
Access Service customers via a GTE access tandem in accordance
with the MPB guidelines adopted by and contained in the Ordering
and Billing Forum's MECAB and MECOD documents, except as modified
herein and as described in Section 3.2.3 for Interim Portability.
8.1.2 Except in instances of capacity limitations, GTE shall permit and
enable ACI to sub-tend the GTE access tandem(s) nearest to the ACI
Rating Point(s) associated with the NPA-NXX(s) to/from which the
Switched Access Services are homed. In instances of capacity
limitation at a given access tandem, ACI shall be allowed to
subtend the next-nearest GTE access tandem in which sufficient
capacity is available.
8.1.3 Interconnection for the MPB arrangement shall occur at the "IP".
8.1.4 Common Channel Signaling shall be utilized in conjunction with MPB
arrangements to the extent such signaling is resident in the GTE
access tandem switch.
8.1.5 ACI and GTE will use diligent efforts, individually and
collectively, to maintain provisions in their respective federal
and state access tariffs, and/or provisions within the National
Exchange Carrier Association ("NECA") Tariff No. 4, or any
successor tariff, sufficient to reflect this MPB arrangement,
including MPB percentages.
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8.1.6 As detailed in the MECAB document, ACI and GTE will, in a timely
fashion, exchange all information necessary to accurately,
reliably and promptly ▇▇▇▇ Access Service customers for Switched
Access Services traffic jointly handled by ACI and GTE via the
meet-point arrangement. Information shall be exchanged in
Electronic Message Record ("EMR") format, on magnetic tape or via
a mutually acceptable electronic file transfer protocol.
8.1.7 ACI and GTE shall work cooperatively to coordinate rendering of
Meet-Point bills to customers, and shall reciprocally provide each
other usage data and related information at the appropriate
charge.
8.2 COMPENSATION.
8.2.1 Initially, billing to Access Service customers for the Switched
Access Services jointly provided by ACI and GTE via the MPB
arrangement shall be according to the multiple-▇▇▇▇ method as
described in the MECAB guidelines. This means each Party will ▇▇▇▇
the portion of service they provided at their appropriate tariff,
or price list.
8.2.2 Subsequently, ACI and GTE may mutually agree to implement one of
the following options for billing to third parties for the
Switched Access Services jointly provided by ACI and GTE via the
MPB arrangement: single-▇▇▇▇/single tariff method, single-▇▇▇▇/
multiple tariff method, or to continue the multiple-▇▇▇▇ method.
Should ACI prefer to change among these billing methods, ACI shall
notify GTE of such a request in writing, ninety (90) Business Days
in advance of the date on which such change is desired to be
implemented, such changes then may be made in accordance with
MECAB guidelines and if GTE mutually agrees, the change will be
made.
9. COMMON CHANNEL SIGNALING.
9.1 SERVICE DESCRIPTION. The Parties will provide Common Channel
Signaling ("CCS") to one another via Signaling System 7 ("SS7")
network interconnection, where and as available, in the manner
specified in FCC Order 95-187, in conjunction with all traffic
exchange trunk groups. SS7 signaling and transport services shall be
provided by GTE in accordance with the terms and conditions of this
Section 9 of this Article and APPENDIX I attached to this Agreement
and made a part hereof. The Parties will cooperate on the exchange of
all appropriate SS7 messages for local and intraLATA call set-up
signaling, including ISUP and Transaction Capabilities Application
Part ("TCAP") messages to facilitate full interoperability of all
CLASS Features and functions between their respective networks. Any
other SS7 message services
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to be provided using TCAP messages (such as data base queries) will be
jointly negotiated and agreed upon.
9.2 SIGNALING PARAMETERS. All SS7 signaling parameters will be provided
in conjunction with traffic exchange trunk groups, where and as
available. These parameters include Automatic Number Identification
("ANI"), Calling Party Number ("CPN"), Privacy Indicator, calling
party category information, originating line information, charge
number, etc. Also included are all parameters relating to network
signaling information, such as Carrier Information Parameter ("CIP"),
wherever such information is needed for call routing or billing. GTE
will provide SS7 via GR-394-SS7 and/or GR-317-SS7 format(s).
9.3 PRIVACY INDICATORS. Each Party will honor all privacy indicators as
required under applicable law.
9.4 CONNECTION THROUGH STP. ACI must interconnect with the GTE STP(s)
serving the LATA in which the traffic exchange trunk groups are
interconnected. Additionally, all interconnection to GTE's 800/888
database and GTE's LIDB shall, consistent with this section and
APPENDIX I attached hereto, take place only through appropriate STP
pairs.
9.5 THIRD PARTY SIGNALING PROVIDERS. ACI may choose a third-party SS7
signaling provider to transport messages to and from the GTE SS7
network. In that event, that third-party provider must present a
letter of agency to GTE, prior to the testing of the interconnection,
authorizing the Third Party to act on behalf of ACI in transporting
SS7 messages to and from GTE. The third-party provider must
interconnect with the GTE STP(s) serving the LATA in which the traffic
exchange trunk groups are interconnected.
9.6 MULTI-FREQUENCY SIGNALING. In the case where CCS is not available, in
band Multi-Frequency ("MF"), wink start, E & M channel associated
signaling with ANI will be provided by the Parties. Network signaling
information, such as CIC/OZZ, will be provided wherever such
information is needed for call routing or billing.
10. SERVICE QUALITY AND PERFORMANCE. Each Party shall provide Services
under this Article to the other Party that are equal in quality to
that the Party provides to itself, its Affiliates or any other entity.
"Equal in quality" shall mean that the Service will meet the same
technical criteria and performance standards that the providing Party
uses within its own network for the same Service at the same location
under the same terms and conditions.
11 . NETWORK OUTAGES. GTE shall work with ACI to establish reciprocal
responsibilities for managing network outages and reporting. Each
party shall
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be responsible for network outage as a result of termination of its
equipment in GTE wire center or access tandem. ACI shall be responsible
for notifying GTE of significant outages which could impact or degrade
GTE switches and services.
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ARTICLE VI
RESALE OF SERVICES
Resale of Services is not provided in this Agreement.
Resale of Services is available from GTE's tariff Cal. P.U.C. No. K-5.
VI-1
ARTICLE VII
UNBUNDLED NETWORK ELEMENTS
1. GENERAL. The purpose of this Article VII, VII is to define the
unbundled network elements that may be leased by ACI from GTE.
Unless otherwise specified in this Agreement, provisioning of
unbundled network arrangements will be governed with the GTE Customer
Guide for CLEC Establishment of Services - Resale and Unbundling (the
"Guide"). Additional procedures for preordering, ordering,
provisioning and billing of unbundled network elements are outlined in
APPENDIX H.
2. UNBUNDLED NETWORK ELEMENTS.
2.1 CATEGORIES. There are several separate categories of Network
Components that shall be provided as unbundled network elements
by GTE:
(a) Network Interface Device or NID
(b) Loop Elements
(c) Port and Local Switching Elements
(d) Dedicated Transport Elements
(e) Signaling Elements
2.2 PRICES. Individual unbundled network elements and prices are
identified on APPENDIX F attached to this Agreement and made a
part hereof, or under the appropriate GTE tariff as referenced
in this Article. Nonrecurring charges relating to unbundled
elements are also listed on APPENDIX F.
2.2.1 Compensation arrangements for exchanging traffic when
ACI uses GTE provided unbundled port and local
switching elements shall be as provided in APPENDIX L
attached hereto.
2.3 INTERCONNECTION TO UNBUNDLED ELEMENTS. ACI may lease and
interconnect to whichever of these unbundled network elements
ACI chooses, and subject to technical feasibility, may combine
these unbundled elements with any facilities or services that
ACI may itself provide subject to the following:
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2.3.1 Interconnection shall be achieved via physical
collocation arrangements ACI shall maintain at the wire
center at which the unbundled services are resident.
Pursuant to Article IX, Section 2. of this Agreement,
in circumstances where physical collocation cannot be
accomodated at wire centers where the unbundled
services are resident, alternative arrangements will be
negotiated.
2.3.2 Each loop or port element shall be delivered to ACI's
collocation arrangement over a loop/port connector
applicable to the unbundled services as listed on
APPENDIX F.
2.3.3 ACI shall combine unbundled network elements with its
own facilities. GTE has no obligation to combine any
network elements for ACI; provided, however, that to
the extent that GTE may be specifically required to
combine unbundled network elements and/or provide
unbundled network elements in existing combinations
pursuant to a final and effective decision that is
binding on GTE, GTE will negotiate with ACI regarding
the provisioning of such elements in accordance with
that decision. Once GTE's unbundled network elements
have been connected to ACI's facilities, as described
in this Agreement, ACI is not precluded from combining
the unbundled elements using its own facilities, except
that ACI may not combine such network elements to
provide solely interexchange service or solely switched
access service to an interexchange carrier.
2.4 SERVICE QUALITY. To the degree reasonably possible, all
service attributes, grades-of-service and installation,
maintenance and repair intervals which apply to the bundled
service will apply to unbundled network elements.
Notwithstanding the foregoing, GTE shall not be responsible for
impacts on service attributes, grades of service, etc.,
resulting from ACI's specific use of or modification to any
unbundled network element.
3. NETWORK INTERFACE DEVICE.
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3.1 DIRECT CONNECTION. ACI shall be permitted to connect its own
Loop directly to GTE's Network Interface Device or NID in cases
in which ACI uses its own facilities to provide local service
to an end user formerly served by GTE, as long as such direct
connection does not adversely affect GTE's network. In order
to minimize any such adverse effects, ACI shall follow the
procedures in Sections 3.1.1 and 3.1.2 below.
3.1.1 When connecting its own loop facility directly to GTE's
NID for a residence or business customer, ACI must make
a clean cut on the GTE drop wire at the NID so that no
bare wire is exposed. ACI shall not remove or
disconnect GTE's drop wire from the NID or take any
other action that might cause GTE's drop wire to be
left lying on the ground.
3.1.2 At multi-tenant customer locations, ACI must remove the
jumper wire from the distribution block (i.e. the NID)
to the GTE cable termination block. If ACI cannot gain
access to the cable termination block, ACI must make a
clean cut at the closest point to the cable termination
block. At ACI's request and discretion, GTE will
determine the cable pair to be removed at the NID in
multi-tenant locations. ACI will compensate GTE for
the trip charge necessary to identify the cable pair to
be removed.
3.1.3 GTE agrees to offer NIDs for lease to ACI but not for
sale. ACI may remove GTE identification from any NID
which it connects to a ACI loop, but ACI may not place
its own identification on such NID.
3.1.4 GTE Loop elements leased by ACI will be required to
terminate only on a GTE NID. If the CLEC leasing a
GTE loop wants a CLEC NID, they will also be required
to lease a GTE NID for the direct loop termination and
effect a NID to NID connection.
3.2 NID TO NID CONNECTION. Rather than connecting its loop
directly to GTE's NID, ACI may also elect to install its own
NID and effect a NID to NID connection to gain access to the
end user's inside wiring.
3.2.1 The CLEC that provides its own loop facilities may
elect to move all inside wire terminated on a GTE NID
to one provided by the CLEC. In this instance, a NID
to NID connection will not be required. ACI, or the
end user premise owner, can elect to leave the GTE
disconnected
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NID in place, or to remove the GTE NID from the premise
and dispose of it entirely.
3.3 REMOVAL OF CABLE PAIRS. Removal of existing cable pairs
required for ACI to terminate service is the responsibility of
ACI.
3.4 MAINTENANCE. When ACI provides its own loop and connects
directly to GTE's NID, GTE does not have the capability to
perform remote maintenance. ACI can perform routine
maintenance via its loop and inform GTE once the trouble has
been isolated to the NID and GTE will repair (or replace) the
NID, or, at ACIs option, it can make a NID to NID connection,
using the GTE NID only to gain access to the inside wire at the
customer location.
4. LOOP ELEMENTS.
4.1 SERVICE DESCRIPTION. A "Loop" is an unbundled component of
Exchange Service. In general, it is the transmission facility
(or channel or group of channels on such facility) which
extends from a Main Distribution Frame ("MDF') or functionally
comparable piece of equipment in a GTE end office or wire
center to a demarcation or connector block in/at a subscriber's
premises. Traditionally, Loops were provisioned as 2-wire or
4-wire copper pairs running from the end office MDF to the
customer premises. However, a loop may be provided via other
media, including radio frequencies, as a channel on a high
capacity feeder/distribution facility which may, in turn, be
distributed from a node location to the subscriber premises via
a copper or coaxial drop facility, etc.
4.2 CATEGORIES OF LOOPS. There are six general categories of loops:
4.2.1 "2-wire analog voice grade" loops will support analog
transmission of 300-3000 Hz, repeat loop start or
ground start seizure and disconnect in one direction
(toward the end office switch), and repeat ringing in
the other direction (toward the end user). This loop
is commonly used for local dial tone service;
4.2.2 "4-wire analog voice grade" loops conform to the
characteristics of a 2-wire voice grade loop and, in
addition, can support the simultaneous independent
transmission of information in both directions;
4.2.3 "2-wire digital" loops will support industry standard
specifications for digital transmission. Additional
provisioning (removal of bridge taps and/or load coils)
may
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be required to conform to these industry standards.
Dependent on the method of provisioning the loop, a
2-wire digital loop may be configured to support
service enhancing technologies such as ADSL or ISDN.
4.2.4 "4-wire digital" loops will support industry standard
specifications for digital transmission. Additional
provisioning (removal of bridge taps and/or load coils)
may be required to conform to these industry standards.
Dependent on the method of provisioning the loop, a
4-wire digital loop may be configured to support
service enhancing technologies such as HDSL or ISDN.
4.2.5 "DS-1" loops will support a digital transmission rate
of 1.544 Mbps. The DS-1 loop will have no bridge taps
or load coils and will employ special line treatment.
DS-1 loops will include span line repeaters where
required, office terminating repeaters, and DSX cross
connects. Prices for DS-1 grade loops are the prices
set forth in the appropriate GTE intrastate special
access tariff.
4.2.6 "DS-3" loops will support the transmission of
isochronous bipolar serial data at a rate of 44.736
Mbps. This DS-3 type of loop provides the equivalent
of 28 DS-1 channels and shall include the electronics
at either end.
4.3 CONDITIONED LOOPS. ACI may also require that the analog loops
ordered above be conditioned in order for them to provide the
end-user service. Examples of this type of conditioning are:
Type C, Type DA, Improved C, etc. The price for such
conditioned loops shall be the applicable charge as provided in
the appropriate GTE intrastate special access tariff. Digital
loops ordered above will be provisioned to meet industry
standard service levels for generally available digital
services, such as ISDN or ADSL, without the requirement for
ordering additional conditioning. ACI must indicate on the
order, via industry standard ordering codes, the service
capability requested.
4.4 FEATURES, FUNCTIONS, ATTRIBUTES. To the degree reasonably
possible, all transport-based features, functions, service
attributes, grades-of-service, installation, maintenance and
repair intervals that apply to the bundled services will apply
to unbundled loops.
4.4.1 GTE will not perform routine testing of the unbundled
loop for maintenance purposes. ACI will be required to
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provision a loop testing device either in its central
office (switch location), Network Control Center or in
its collocation arrangement to test the unbundled loop.
GTE will perform repair and maintenance once trouble
is identified by ACI.
4.4.2 All Loop facilities furnished by GTE on the premises of
ACI's end users and up to the network interface or
functional equivalent are the property of GTE. ACI is
responsible for ensuring GTE has access to all such
facilities for network management purposes. In the
event ACI is unable to provide GTE reasonable access to
such facilities, ACI acknowledges that GTE may not be
able to meet its service obligations. GTE employees and
agents may enter said premises at any reasonable hour
to test and inspect such facilities in connection with
such purposes or, upon termination or cancellation of
the Loop facility, to remove such facility.
4.4.3 GTE will provide loop transmission characteristics to
ACI end users which are equal to those provided to GTE
end users.
4.4.4 If ACI leases digital loops, pursuant to sections 4.2.3
or 4.2.4 above, GTE will test the loop and provide
recorded test results to ACI. In maintenance and
repair cases, if loop tests are taken, GTE will provide
any recorded readings to ACI at time the trouble ticket
is closed in the same manner as GTE provides to itself
and its end users.
4.5 LOOP CARRIER TECHNOLOGIES. Where GTE utilizes integrated
digital loop carrier ("IDLC")(1) technology to provision the Loop
element, GTE cannot provide an unbundled loop. Where GTE uses
Universal Digital Loop Carrier "UDLC" or analog carrier to
provision the loop element, GTE may be able to provide an
unbundled loop, however, the capabilities of the loop may be
limited. If ACI orders a digital loop to a location that is
normally served by either IDLC or UDLC, GTE will use
alternative facilities, if available, to provide the requested
loop type.
-----------------------------
(1) See Bellcore TR-TSY-000008, Digital Interface Between the SLC-96
Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303,
Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and
Interface.
VII-6
GTE will work with ACI to develop a joint planning process to
allow ACI to assess the impact of GTE's use of digital loop
carrier technology in marketing its services that are dependent
on using GTE provided unbundled local loops. Such a process
will provide general information as to the type and relative
use of digital loop carrier technology in a market as well as
the capability to determine on a customer specific/route
specific basis if digital loop carrier is used to provision the
loop.
4.5.1 GTE will permit ACI to collocate digital loop carriers
and associated equipment in conjunction with
collocation arrangements ACI maintains at a GTE wire
center for the purpose of interconnecting to unbundled
Loop elements.
4.5.2 Should equipment be developed that allows xDSL
services to be provided over loops that are provisioned
in any part by digital loop carrier technology and
should GTE's collocation policy allow CLECs to
collocate such equipment to provide xDSL services over
GTE provided unbundled loops, GTE shall offer such
collocation to ACI with respect to both the type of
equipment ACI is permitted to collocate and the
location of such collocation in compliance with the
nondiscrimination requirements of the ACT.
4.6 UNBUNDLED LOOP FACILITY QUALIFICATION.
4.6.1 Before deploying any service enhancing copper cable
technology (e.g., HDSL, ISDN, etc.) over unbundled
analog voice grade loop, leased from GTE, pursuant to
sections 4.2.1 and 4.2.2 above, ACI shall notify GTE of
such intentions to enable GTE to assess the loop
transport facilities to determine whether there are any
existing copper cable loop transport technologies
(e.g., analog carrier, etc.) deployed within the same
cable sheath that would be interfered with if ACI
deployed the proposed service enhancing copper cable
technology. If GTE believes that interference would
occur, GTE will provide ACI with sufficient information
to enable ACI to make an independent determination
whether interference would occur. If, after discussion
with ACI, GTE determines that there are existing copper
cable loop transport technologies already deployed
within the same cable sheath, or if GTE already has
existing near term (within 6 months of the date of
facility certification) plans to deploy copper cable
loop transport technologies that would be interfered
with as
VII-7
described above, GTE will so inform ACI and ACI shall not
be permitted to deploy such service enhancing copper cable
technologies. GTE may charge ACI the applicable
engineering time and labor costs to perform the
qualification.
4.6.2 If ACI orders unbundled digital loops pursuant to
Sections 4.2.3 and 4.2.4 above and provides the
industry standard codes on the order indicating the
type of service to be deployed on the loop, no
notification is required. As described above in Section
4.6.1, GTE will determine if compatibility issues exist
and, if facilities are available, will provide a loop
capable of meeting the requested service capabilities.
4.6.3 If ACI fails to notify GTE of its plans to deploy
service enhancing copper cable technology over
unbundled analog voice grade loops, or fails to
properly order an unbundled digital loop, and obtain
prior qualification from GTE of the facilities, if
ACI's deployment of such technology is determined to
have caused interference with existing or planned
copper cable loop transport technologies deployed by
GTE in the same cable sheath, ACI will immediately
remove such service enhancing copper cable technology
and shall reimburse GTE for all incurred expense
related to this interference.
4.7 COMPATIBILITY. Provided ACI has notified GTE, pursuant to 4.6.
preceding or via an order for digital loop services, of the
servicing enhancing copper cable technology deployed on an
unbundled loop, GTE will not deploy service enhancing
technology within the same cable sheath that would be
incompatible with ACI's technology.
4.8 SUBLOOPS.
4.8.1 GTE will provide as separate items the loop
distribution, loop concentrator and loop feeder on a
case-by-case basis (subloop elements). If ACI provides
a good faith request to GTE to provide subloop
elements at a specific location, GTE will work
cooperatively with ACI to determine if subloop elements
can be provided at the specified location. If it is
determined that subloop elements can be provided, the
Parties will negotiate the terms and conditions for
providing subloop elements.
VII-8
4.8.2 GTE will design and construct loop access facilities
(including loop feeders and loop
concentration/multiplexing systems) in accordance with
standard industry practices as reflected in applicable
tariffs and/or as agreed to by GTE and ACI.
4.8.3 Transport for loop concentrators/multiplexers services
not supported by embedded technologies will be provided
pursuant to applicable tariffs or as individually
agreed upon by GTE and ACI. The Parties understand
that embedded loop concentrators/multiplexers are not
necessarily capable of providing advanced and/or
digital services.
4.8.4 GTE will provide loop transmission characteristics as
specified in Section 4.4.3 herein.
5. PORT AND LOCAL SWITCHING ELEMENTS.
5.1 PORT. Port is an unbundled component of Exchange Service that
provides for the interconnection of individual loops or trunks
to the switching components of GTE's network. In general, it
is a line card or trunk card and associated peripheral
equipment on GTE end office switch that serves as the hardware
termination for the end user's Exchange Service on that switch
and generates dial tone and provides the end user access to the
public switched telecommunications network. The port does not
include such features and functions which are provided as part
of Local Switching. Each line-side port is typically
associated with one (or more) telephone number(s), which serve
as the end user's network address.
5.2 PORTS AVAILABLE AS UNBUNDLED NETWORK ELEMENTS. There are four
types of Ports available as unbundled network elements;
5.2.1 "2-wire analog line" Port is a line side switch
connection employed to provide basic residential and
business type Exchange Service.
5.2.2 "2-wire ISDN digital line" Port is a Basic Rate
Interface (BRI) line side switch connection employed to
provide ISDN Exchange Services.
5.2.3 "DS-1 digital trunk" Port is a direct inward dialing
(DID) trunk side switch connection employed to provide
the equivalent of 24 analog incoming trunk type
Exchange Services.
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5.2.4 "4-wire ISDN digital DS-1 trunk" Port is a Primary Rate
Interface (PRI) trunk side switch connection employed
to provide the ISDN Exchange Services
5.3 PORT PRICES. Prices for 2-wire analog and DS-1 Ports are
listed in APPENDIX F. 2-wire ISDN line side Ports and 4-wire
ISDN trunk side Ports shall be provided at a price agreed to by
the Parties.
5.4 LOCAL SWITCHING. Local switching provides the basic switching
functions to originate, route and terminate traffic and any
signaling deployed in the switch. Vertical features are
optional services provided through software programming in the
switch which can be added on a per-feature basis with
applicable rate. GTE will initially offer those features and
functions currently available to the particular platform used
(e.g., DMS, 5ESS, GTD5). Any feature or function which is not
offered, but the switch is capable of providing, may be
requested and the Parties will mutually agree upon price,
terms and conditions. ACI will be responsible for bearing any
costs incurred by GTE in making such feature/function
available, including Right-to-Use (RTU) fees. The rates for
Local Switching and Vertical Features are listed in APPENDIX F.
5.4.1 ACI must purchase Local Switching with the line-side
Port or trunk-side Port, if applicable.
5.5 COMPLIANCE WITH SECTION 2.3. ACI shall only order unbundled
elements in accordance with Section 2.3 herein and it will be
the responsibility of ACI to make arrangements for the delivery
of interexchange traffic and routing of traffic over
interoffice transmission facilities, if applicable.
5.6 SHARED TRANSPORT. "Shared transport" is the physical
interoffice facility medium that is used to transport a call
between switching offices. A central office switch translates
the end user dialed digits and routes the call over a Common
Transport Trunk Group that rides interoffice transmission
facilities. These trunk groups and the associated Interoffice
transmission facilities are accessible by any end user (GTE end
user or CLEC end user when the CLEC has purchased unbundled
local switching) and are referred to as "shared transport
facilities."
5.6.1 Many calls riding shared transport facilities will also
be switched by GTE's access tandem. This tandem
switching function is included as a rate component of
shared transport, as set forth in Appendix D. GTE will
provide shared transport from a call originating from
an unbundled switch port to the point where the call
leaves GTE's network (the IP).
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5.6.2 When ACI purchases unbundled local switching, ACI is
obligated to purchase unbundled shared transport. All
of the billing elements associated with shared
transport are billed upon call origination, unless the
call involves an IXC.
5.6.3 The rating of shared transport is based on the duration
a voice grade (or DS-0) call on GTE's network. Shared
transport is comprised of three billing components: (1)
Shared Transport - Facility Miles (usage and distance
sensitive); (2) Shared Transport - Termination (per
end, usage sensitive); and (3) Tandem Switching (usage
sensitive). Untial an industry standard solution is
implemented for generating AMA recordings that
indentify tandem routed calls, the parties will use a
shared transport composite rate using the tandem
switching rate, two (2) terminations, and an assumed
facility miles length of ten (10) miles. This interim
methodology will be used in lieu of actual detailed AMA
recordings and ▇▇▇▇ generation.
5.6.4 GTE is responsible for the sizing of the shared
transport network. All analysis, engineering, and
trunk augmentations to Common Transport Trunk Groups
will be the sole responsibility of GTE. To ensure that
the network is appropriately sized, GTE may request
traffic forecasts from ACI if ACI requests unbundled
local switching. These forecasts must be provided to
GTE on a quarterly basis, with a twelve (12) month
outlook.
5.6.5 GTE provides shared transport between GTE switching
offices (e.g.,between GTE end offices, a GTE end office
and a GTE tandem switch, between a GTE end office and
the IP of a connecting telecommunications company, or
between a tandem switch and the IP of a connecting
telecommunications company). However, the transport
between a GTE switching office and the ACI switching
office must be purchased as dedicated transport and is
not provided as shared transport.
6. DEDICATED TRANSPORT.
6.1 Dedicated transport is purchased for the purpose of transporting
Telecommunications Services between designated serving wire centers
("SWCs") within the same LATA. Dedicated transport may extend between
two GTE SWCs ("Interoffice Dedicated Transport" or "IDT") or may
extend from the GTE SWC to the ACI premise ("CLEC Dedicated Transport"
or "CDT"). CDT remains within the exchange boundaries of the SWC,
while IDT traverses
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exchange boundaries. IDT and CDT are further defined in Sections 6.2
and 6.3 below.
6.2 CDT is the dedicated transport facility connecting the GTE SWC to
ACI's Customer Designated Location ("CDL"). The CDL will be the
designated where the CLEC's physical network begins (the CDL cannot be
designated at an end user customer location).
6.3 CDT includes the equipment required to terminate the interoffice
facility within ACI's CDLs and within the GTE SWC. This element also
includes the transport facility between the two locations but extends
no farther into GTE's network than the CDL's SWC. DCT has no
switching components and is available in bandwidth increments of DS0,
DS1, or DS3 at rates outlined in Appendix F.
6.4 CDT consists of monthly recurring (non-usage sensitive) billable
elements that are dependent on bandwidth, but may vary depending on
the termination arrangement at the CDL (Office Terminating Repeater
vs. SONET terminal, first system vs. additional system, etc.).
6.5 IDT is the dedicated transport facility connecting two GTE SWCs and
excludes the facilities between the SWC and the CDL. IDT has no
switching components and is available in bandwidth increments of DS0,
DS1, and DS3 at rates outlined in Appendix F.
6.6 The price of IDT varies with the bandwidth and consists of monthly
recurring (non-usage sensitive) billable elements. The components are
Transport Facility Miles (monthly recurring) and Transport Termination
(per end, monthly recurring).
7. SS7 TRANSPORT AND SIGNALING. SS7 signaling and transport services in
support of ACI's local exchange services shall be provided in
accordance with the terms and conditions of APPENDIX H attached to
this Agreement and made a part hereof.
7.1 GTE will provide interconnection with its SS7 at the STPs but
not at other points.
8. LIDB SERVICES. Access to GTE's LIDB shall be provided in accordance
with the rates, terms and conditions of GTE's switched access tariff,
GTOC Tariff FCC No. 1, Section 8.
9. DATABASE 800-TYPE SERVICES. Access to GTE's 800-Type database (I.E.,
888, 877) shall be provided in accordance with the rates, terms and
conditions of GTE's switched access tariff, GTOC Tariff FCC No. 1,
Section 8.
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10. OPERATOR SERVICES (OS) AND DIRECTORY ASSISTANCE (DA). GTE will provide
OS and DA to ACI in accordance with the terms set forth as follows:
10.1 When OS and/or DA is to be provided for calls that originate
from a CLECs own switch, GTE will provide branded or unbranded
OS and/or DA pursuant to separate contracts to be negotiated in
good faith between the parties after execution and approval of
this Agreement by the Commission. (Refer to Article VIII for
further details).
10.2 When OS and/or DA is to be provided for calls that originate
from an unbundled Port with Local Switching, as provided
herein, and neither branding nor unbranding is requested, the
CLECs calls will access GTE's OS and/or DA platform and will be
processed in the same manner as GTE calls.
10.3 When OS and/or DA is to be provided for calls that originate
from an unbundled Port with Local Switching, as provided
herein, and either branding or unbranding is requested, GTE
will provide such unbranding or rebranding on a
switch-by-switch basis, subject to capability and capacity
limitations where Customized Routing is Currently Available.
Upon receipt of an order for unbranding or rebranding, GTE will
implement within 90 Business Days when technically capable.
10.4 ACI will be billed charges for OS and DA and a charge for
unbranding or rebranding and Customized Routing as set forth in
Section 9. In addition, charges specified in Section 9 will
apply.
10.5 For those offices that ACI has requested GTE to rebrand and/or
unbrand OS and DA, GTE will provide it where GTE performs its
own OS and DA service subject to capability and capacity
limitations where Customized Routing is Currently Available.
If GTE uses a third-party contractor to provide OS or DA, GTE
will not provide branding nor will GTE negotiate it with a
third party on behalf of ACI. ACI must negotiate with the third
party. In these instances, ACI will need to purchase
customized routing to differentiate OS/DA traffic from GTE's.
11. CUSTOMIZED ROUTING. Where Currently Available and upon receipt of a
written Bona Fide request (BFR) from ACI as described in Article VIII,
Section ?, GTE agrees to provide customized routing for the following
types of calls:
0-
0+Local
0+411
1+411
0+HNPA-555-1212 (intraLATA, only when intraLATA presubscription
is not available)
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1+HNPA-555-1212 (intraLATA, only when intraLATA presubscription
is not available).
11.1 GTE will provide ACI a list of switches that can provide
customized routing using line class codes or similar method
(regardless of current capacity limitations). ACI will return
a list of these switches ranked in priority order. GTE will
return to ACI a schedule for customized routing in the switches
with existing capabilities and capacity.
11.2 In response to the BFR from ACI, GTE will provide ACI with
applicable charges, and terms and conditions, for providing OS
and DA, branding, and customized routing.
11.3 Subject to the above provisions, GTE will choose the method of
implementing customized routing of OS and DA calls.
11.4 When GTE agrees to provide customized routing to ACI, ACI will
be required to establish dedicated transport in order to route
OS/DA traffic to the designated platform. If unbundled
Dedicated Transport is used to route OS/DA traffic to the
designated platform, ACI must purchase a trunk side port and
establish a collocation arrangement in accordance with Section
2.3 of this Article. The rates for these Unbundled Network
Elements will be billed in accordance with Appendix F. If the
Dedicated Transport used to route OS/DA traffic to the
designated platform is ordered out of the applicable access
tariff, no collocation arrangement or trunk side port is
required.
12. ADVANCED INTELLIGENT NETWORK ACCESS (AIN). GTE will provide ACI
access to GTE AIN functionality from GTE's AIN SCP via GTE's local
switch or ACI's local switch.
13. NONDISCRIMINATION PROVISION AND SUPPORT. GTE agrees to provide
unbundled network elements in a timely manner considering the need and
volume of requests. GTE will provide unbundled network elements in a
non-discriminatory manner as required by the Act and shall provide
power to such elements on the same basis as GTE provides to itself.
14. PROVISIONING INTERVALS. GTE agrees to provide unbundled network
elements in a timely manner considering the need and volume of
requests, pursuant to agreed upon service provisioning intervals. Such
provisioning intervals shall be provided in a nondiscriminatory manner
as required by the Act.
15. DIRECTORY ASSISTANCE LISTING. When ACI orders an unbundled port, a
Directory Service Request (DSR) must be submitted to have the listing
included in GTE's Directory Assistance database. The applicable
ordering charge will be applied for processing the DSR.
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ARTICLE VIII
ADDITIONAL SERVICES AND COORDINATED SERVICE ARRANGEMENTS
1. BONA FIDE REQUEST PROCESS.
1.1 INTENT. The Bona Fide Request process may be used by ACI to request
certain services, features, capabilities or functionality not currently
defined in this Agreement.
1.2 PROCESS.
1.2.1 A Bona Fide Request shall be submitted in writing by ACI and shall
specifically identify the need to include technical requirements,
space requirements and/or other such specifications that clearly
define the request.
1.2.2 Although not expected to do so, ACI may cancel a Bona Fide Request
in writing at any time prior to ACI and GTE agreeing to price and
availability. GTE will then cease analysis of the request.
1.2.3 Within two (2) Business Days of its receipt, GTE shall acknowledge
in writing the receipt of the Bona Fide Request and identify a
single point of contact and any additional information needed to
process the request.
1.2.4 Except under extraordinary circumstances, within ten (10) Business
Days of its receipt of a Bona Fide Request, GTE shall provide a
proposed price and availability date, or it will provide an
explanation as to why GTE elects not to meet ACI's request. GTE
will consider relevant portions of previous BFRs, from any carrier,
in the evaluation of the BFR in progress to make best efforts to
shorten response times and, to the extent possible, avoid duplicate
work. If extraordinary circumstances prevail, GTE will inform ACI
as soon as it realizes that it cannot meet the ten (10) Business
Day response due date. ACI and GTE will then determine a mutually
agreeable date for receipt of the request.
1.2.5 Unless ACI agrees otherwise, all proposed prices shall be
consistent with the pricing principles of the Act, FCC and/or the
Commission. Payments for services purchased under a Bona Fide
Request will be made upon delivery, unless otherwise agreed to by
ACI, in accordance with the applicable provisions of the Agreement.
1.2.6 If at any time an agreement cannot be reached as to the terms and
conditions or price of the request GTE agrees to meet, the dispute
resolution procedures described in Article III hereunder may be
used by a Party to reach a resolution.
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2. TRANSFER OF SERVICE ANNOUNCEMENTS. For services other than GTE resold and
ported number services, when an end user customer transfers service from
one Party to the other Party, and does not retain its original telephone
number, the Party formerly providing service to the end user will provide,
upon request and if such service is provided to its own customers, a
referral announcement on the original telephone number. This announcement
will provide the new number of the customer and will remain in effect for
the same time period this service is provided to GTE's own end users. For
GTE resold and ported number services, GTE shall provide an intercept
referral on behalf of ACI.
3. MISDIRECTED CALLS. The Parties will employ the following procedures for
handling any misdirected calls (e.g., Business office, repair bureau,
etc.).
3.1 To the extent the correct provider can be determined, each Party will refer
misdirected calls to the proper provider of local exchange service. When
referring such calls, both Parties agree to do so in a courteous manner, at
no charge.
3.2 For misdirected repair calls, the Parties will provide their respective
repair bureau contact number to each other on a reciprocal basis and
provide the end user the correct contact number.
3.3 In responding to misdirected calls, neither Party shall make disparaging
remarks about each other, nor shall they use these calls as a basis for
internal referrals or to solicit end users or to market services.
4. 911/E911 ARRANGEMENTS.
4.1 DESCRIPTION OF SERVICE. If ACI has a 911 obligation in a specific area and
if GTE provides the routing service for 911 traffic in that area, ACI
will install a minimum of two (2) dedicated trunks to GTE's 911/E911
selective routers (i.e., 911 tandem offices) that serve the areas in which
ACI provides Exchange Services, for the provision of 911/E911 services and
for access to all subtending PSAPs. The dedicated trunks shall be, at a
minimum, DS-0 level trunks configured as a 2-wire analog interface or as
part of a digital (1.544 Mbps) interface in which all circuits are
dedicated to 9-1-1 traffic. Either configuration shall use CAMA type
signaling with multifrequency ("MF") tones that will deliver ANI with the
voice portion of the call. GTE will provide ACI with the appropriate CLLI
codes and specifications of the tandem office serving area or the location
of the primary PSAP when there is no 911 routing in that 911 district. If
an ACI central office serves end users in an area served by more than one
(1) GTE 911/E911 selective router, ACI will install a minimum of two (2)
dedicated trunks in accordance with this Section to each of such 911/E911
selective routers or primary PSAP.
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4.2 TRANSPORT. If ACI desires to obtain transport from GTE to the GTE 911
selective routers, ACI may purchase such transport from GTE at the rates
set forth in Appendix G.
4.3 COOPERATION AND LEVEL OF PERFORMANCE. The Parties agree to provide access
to 911 /E911 in a manner that is transparent to the end user. The Parties
will work together to facilitate the prompt, reliable and efficient
interconnection of ACI's systems to the 911/E911 platforms, with a level of
performance that will provide the same grade of service as that which GTE
provides to its own end users. To this end, GTE will provide documentation
to ACI showing the correlation of its rate centers to its E911 tandems at
rates set forth in Appendix G.
4.4 BASIC 911 AND E911 GENERAL REQUIREMENTS:
4.4.1 Basic 911 and E911 provides a caller access to the appropriate
emergency service bureau by dialing a 3-digit universal telephone
number (911).
4.4.2 Where GTE has a 911 selective router installed in the network
serving the 911 district, GTE shall use subscriber data derived
from the Automatic Location Identification/Database Management
System (ALI/DMS) to selectively route the 911 call to the Public
Safety Answering Point (PSAP) responsible for the caller's
location.
4.4.3 All requirements for E911 also apply to the use of SS7 as a type of
signaling used on the interconnection trunks from the local switch
to an end office or a selective router.
4.4.4 Basic 911 and E911 functions provided to ACI shall be at least at
parity with the support and services that GTE provides to its
subscribers for such similar functionality.
4.4.5 Basic 911 and E911 access from Local Switching shall be provided to
ACI in accordance with the following:
4.4.5.1 GTE and ACI shall conform to all state regulations concerning
emergency services.
4.4.5.2 For E911, both ACI and GTE shall use their respective service
order processes to update access line subscriber data for
transmission to the database management systems. Validation will
be done via MSAG comparison listed in Section 4.4.5.5.
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4.4.5.3 If legally required by the appropriate jurisdiction, GTE shall
provide or overflow 911 traffic to be routed to GTE Operator
Services or, at ACI's discretion, directly to ACI Operator
Services.
4.4.5.4 Basic 911 and E911 access from the ACI local switch shall be
provided from GTE to ACI in accordance with the following:
4.4.5.4.1 If required by ACI and technically feasible, GTE shall
interconnect direct trunks from the ACI network to the
E911 PSAP, or to the E911 selective routers as
designated by ACI. Such trunks may alternatively be
provided by ACI.
4.4.5.4.2 In government jurisdictions where GTE has obligations
under existing Agreements as the primary provider of
the 911 System to the county (i.e., "lead telco"), ACI
shall participate in the provision of the 911 System as
follows:
4.4.5.4.2.1 Each Party shall be responsible for those portions of
the 911 System for which it has control, including any
necessary maintenance to each Party's portion of the
911 System.
4.4.5.4.2.2 ACI and GTE recognize that the lead telco in a 911
district has the responsibility of maintaining the ALI
database for that district. Each company will provide
its access line subscriber records to the database
organization of that lead telco. ACI and GTE will be
responsible for correcting errors when notified by
either the 911 district or its customer, and then
submitting the corrections to the lead telco. Lead
telco database responsibilities are covered in Section
4.4.5.5 of this Article.
4.4.5.4.2.3 ACI shall have the right to verify the accuracy of
information regarding ACI customers in the ALI database
using methods and procedures mutually agreed to by the
Parties. The fee for this service shall be determined
based upon the agreed upon solution.
4.4.5.4.3 If a Third Party is the primary service provider to a
911 district, ACI shall negotiate separately with such
Third Party with regard to the provision of 911 service
to the agency. All relations between such Third Party
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and ACI are totally separate from this Agreement and
GTE makes no representations on behalf of the Third
Party.
4.4.5.4.4 If ACI or Affiliate is the primary service provider to
a 911 district, ACI and GTE shall negotiate the
specific provisions necessary for providing 911 service
to the agency and shall include such provisions in an
amendment to this Agreement.
4.4.5.4.5 Interconnection and database access shall be at rates
as set forth in Appendix G.
4.4.5.4.6 GTE shall comply with established, competitively
neutral intervals for installation of facilities,
including any collocation facilities, diversity
requirements, etc.
4.4.5.4.7 In a resale situation, where it may be appropriate for
GTE to update the ALI database, GTE shall update such
database with ACI data in an interval no less than is
experienced by GTE subscribers, or than for other
carriers, whichever is faster, at no additional cost.
4.4.5.5 The following are Basic 911 and E911 Database Requirements:
4.4.5.5.1 The ALI database shall be managed by GTE, but is the
property of GTE and any participating LEC or CLEC which
provides their records to GTE.
4.4.5.5.2 Copies of the MSAG shall be provided within five (5)
business days after the date the request is received
and provided on diskette or paper copy at the rates set
forth in Appendix G.
4.4.5.5.3 ACI shall be solely responsible for providing ACI
database records to GTE for inclusion in GTE's ALI
database on a timely basis.
4.4.5.5.4 GTE and ACI shall arrange for the automated input and
periodic updating of the E911 database information
related to ACI end users. GTE shall work cooperatively
with ACI to ensure the accuracy of the data transfer by
verifying it against the Master Street Address Guide
("MSAG"). GTE shall accept
VIII-5
electronically transmitted files or magnetic tape that
conform to National Emergency Number Association ("NENA")
Version #2 format.
4.4.5.5.5 ACI shall assign an E911 database coordinator charged
with the responsibility of forwarding ACI end user ALI
record information to GTE or via a third-party entity,
charged with the responsibility of ALI record transfer.
ACI assumes all responsibility for the accuracy of the
data that ACI provides to GTE.
4.4.5.5.6 GTE shall update the database within one (1) business
day of receiving the data from ACI. If GTE detects an
error in the ACI provided data, the data shall be
returned to ACI within one day from when it was
provided to GTE. ACI shall respond to requests from
GTE to make corrections to database record errors by
uploading corrected records within one day. Manual
entry shall be allowed only in the event that the
system is not functioning properly.
4.4.5.5.7 GTE agrees to treat all data on ACI subscribers
provided under this Agreement as strictly confidential
and to use data on ACI subscribers only for the purpose
of providing E911 services.
4.4.5.5.8 GTE shall adopt use of a Carrier Code (NENA standard
five-character field) on all ALI records received from
ACI. The Carrier Code will be used to identify the
carrier of record in NP configurations. The ▇▇▇▇
▇▇▇▇▇▇▇ Code for ACI is "ACI"; the ▇▇▇▇ ▇▇▇▇▇▇▇ Code
for GTE is "GTE."
4.4.5.6 GTE and ACI will comply with the following requirements for
network performance, maintenance and trouble notification.
4.4.5.6.1 Equipment and circuits used for 911 shall be monitored
at all times. Monitoring of circuits shall be done to
the individual trunk level. Monitoring shall be
conducted by GTE for trunks between the selective
router and all associated PSAPs.
4.4.5.6.2 Repair service shall begin immediately upon report of a
malfunction. Repair service includes testing and
diagnostic service from a remote location, dispatch of
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or in-person visit(s) of personnel. Where an on-site
technician is determined to be required, a technician
will be dispatched without delay.
4.4.5.6.3 GTE shall notify ACI forty-eight (48) hours in advance
of any scheduled testing or maintenance affecting ACI
911 service. GTE shall provide notification as soon as
possible of any unscheduled outage affecting ACI 911
service.
4.4.5.6.4 All 911 trunks must be capable of transporting Baudot
Code necessary to support the use of Telecommunications
Devices for the Deaf ("TTY/TDDs").
4.4.5.7 Basic 911 and E911 Additional Requirements
4.4.5.7.1 All ACI lines that have been ported via INP shall reach
the correct PSAP when 911 is dialed. Where GTE is the
lead telco and provides the ALI, the ALI record will
contain both the ACI number and GTE ported number. The
PSAP attendant shall see both numbers where the PSAP is
using a standard ALI display screen and the PSAP
extracts both numbers from the data that is sent. GTE
shall cooperate with ACI to ensure that 911 service is
fully available to all ACI end users whose telephone
numbers have been ported from GTE, consistent with
State provisions.
4.4.5.7.2 ACI and GTE shall be responsible for reporting all
errors, defects and malfunctions to one another. GTE
and ACI shall provide each other with a point of
contact for reporting errors, defects, and malfunctions
in the service and shall also provide escalation
contacts.
4.4.5.7.3 ACI may enter into subcontracts with third parties,
including ACI Affiliates, for the performance of any of
ACI's duties and obligations stated herein.
4.4.5.7.4 Where GTE is the lead telco, GTE shall provide ACI with
notification of any pending selective router moves
within at least ninety (90) days in advance..
VIII-7
4.4.5.7.5 Where GTE is the lead telco, GTE shall establish a
process for the management of NPA splits by populating
the ALI database with the appropriate new NPA codes.
4.4.5.7.6 Where GTE is the lead telco, GTE shall provide the
ability for ACI to update 911 database with end user
information for lines that have been ported via INP or
LNP.
4.4.6 Basic 911 and E911 Information Exchanges and interfaces. Where GTE
is the lead telco:
4.4.6.1 GTE shall provide ACI access to the ALI Gateway which interfaces
to the ALI/DMS database. GTE shall provide error reports from
the ALI/DMS database to ACI within one (1) day after ACI inputs
information into the ALI/DMS database. Alternately, ACI may
utilize GTE or a Third Party entity to enter subscriber
information into the database on a demand basis, and validate
subscriber information on a demand basis. The rates are set
forth in Appendix G.
4.4.6.2 GTE and ACI shall arrange for the automated input and periodic
updating of the E911 database information related to ACI end
users. GTE shall work cooperatively with ACI to ensure the
accuracy of the data transfer by verifying it against the Master
Street Address Guide ("MSAG"). GTE shall accept electronically
transmitted files or magnetic tape that conform to National
Emergency Number Association ("NENA") Version #2 format.
4.4.6.3 Updates to MSAG. Upon receipt of an error recording an ACI
subscriber's address from GTE, and where GTE is the lead telco,
it shall be the responsibility of ACI to ensure that the address
of each of its end users is included in the Master Street Address
Guide ("MSAG") via information provided on ACI's Local Service
Request ("LSR") or via a separate feed established by ACI
pursuant to Section 4.4.5.7 of this Article.
4.4.6.4 The ALI database shall be managed by GTE, but is the property of
GTE and all participating telephone companies. The interface
between the E911 Switch or Tandem and the ALI/DMS database for
ACI subscriber shall meet industry standards.
4.5 COMPENSATION. In situations in which GTE is responsible for maintenance of
the 911 /E911 database and can be compensated for maintaining ACI's
information by the municipality, GTE will seek such compensation from the
municipality.
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GTE will seek compensation from ACI only if and to the extent that GTE is
unable to obtain such compensation from the municipality. GTE shall
charge ACI a portion of the cost of the shared 911 /E911 selective router
as set forth in Appendix G.
5. INFORMATION SERVICES TRAFFIC.
5.1 ROUTING. Each Party shall route traffic for Information Services (I.E.,
900-976, Internet, weather lines, sports providers, etc.) which originates
on its network to the appropriate Information Service Platform.
5.2 BILLING AND COLLECTION AND INFORMATION SERVICE PROVIDER (ISP) REMUNERATION.
5.2.1 In the event GTE performs switching of ISP traffic associated with
resale or unbundled network elements for ACI, GTE shall provide to
ACI GTE's standard call detail records so as to allow ACI to ▇▇▇▇
its end users. GTE shall not be responsible or liable to ACI or
ISP for Billing and Collection and/or any receivables of
Information Service Providers.
5.2.2 Notwithstanding and in addition to Article III, Section 24, GTE
shall be indemnified and held harmless by ACI from and against any
and all suits, actions, losses, damages, claims, or liability of
any character, type, or description, including all expenses of
litigation and court cost which may arise as a result of the
provisions contained in Section 5.2.1 supra. The indemnity
contained in this section shall survive the termination of this
Agreement, for whatever reason.
5.2.3 GTE agrees to notify ACI in writing within working days, by
registered or certified mail at of any claim made
against GTE on the obligations indemnified against pursuant to this
Section 5.
5.2.4 It is understood and agreed that the indemnity provided for in this
Section 5 is to be interpreted and enforced so as to provide
indemnification of liability to GTE to the fullest extent now or
hereafter permitted by law.
5.3 900-976 CALL BLOCKING. GTE shall not unilaterally block 900-976 traffic in
which GTE performs switching associated with resale or unbundled network
elements. GTE will block 900-976 traffic when requested to do so, in
writing, by ACI. ACI shall be responsible for all cost associated with the
900-976 call blocking request. GTE reserves the right to block any and all
calls which may harm or damage its network.
5.4 MISCELLANEOUS. GTE reserves the right to provide to any Information
Service Provider a list of any and all Telecommunications Providers doing
business with GTE.
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6. TELEPHONE RELAY SERVICE. Local and intraLATA Telephone Relay Service
("TRS") enables deaf, hearing-impaired, or speech-impaired TRS users to
reach other telephone users. With respect to resold services, ACI's end
users will have access to the state authorized TRS provider to the extent
required by the Commission, including any applicable compensation
surcharges.
7. DIRECTORY ASSISTANCE (DA) AND OPERATOR SERVICES (OS). Where ACI is
providing local service with its own switch, upon ACI's request GTE will
provide to ACI rebranded or unbranded directory assistance services and/or
operator services pursuant to separate contracts to be negotiated in good
faith between the Parties. If ACI so requests directory assistance
services and/or operator services, such contracts shall provide for the
following:
7.1 DIRECTORY ASSISTANCE CALLS. GTE directory assistance centers shall provide
number and addresses to ACI end users in the same manner that number and
addresses are provided to GTE end users. If information is provided by an
automated response unit ("ARU"), such information shall be repeated twice
in the same manner in which it is provided to GTE end users. Where
available, GTE will provide call completion to ACI end users in the same
manner that call completion is provided to GTE end users. GTE will provide
its existing services to ACI end users consistent with the service provided
to GTE end users.
7.2 OPERATOR SERVICES CALLS. GTE operator services provided to ACI end users
shall be provided in the same manner GTE operator services are provided to
GTE end users. In accordance with GTE practices and at GTE rates, GTE will
offer to ACI end users collect, person-to-person, station-to-station
calling, Third Party billing, emergency call assistance, calling card
services, credit for calls, time and charges, notification of the length of
call, and real time rating. GTE operators shall also have the ability to
quote ACI rates upon request but only if there is appropriate cost recovery
to GTE and to the extent it can be provided within the technical
limitations of GTE's switches. GTE will provide its existing services to
ACI end users consistent with the service GTE provides to its own end
users.
8. DIRECTORY ASSISTANCE LISTINGS INFORMATION. GTE will include listings in
its directory assistance database for ACI end users in the same geographic
area as GTE provides directory assistance for GTE end users as specified in
Article VI, Section ?.
8.1 GTE shall provide to ACI, at ACI's request, for purposes of ACI providing
ACI-branded directory assistance services to its local customers, within
sixty (60) Business Days after an order for such tape is received, all
published DA listings for that specific state via magnetic tape. Such
listings will be Confidential Information under this Agreement and ACI will
use the listings only for its directory assistance services to its end
users. If ACI uses a Third Party directory assistance service to its end
users, ACI will ensure that such Third Party likewise
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treats the listings as Confidential Information under this Agreement,
and uses them only for such directory assistance. Changes to the DA
Listing Information shall be updated on a daily basis through the same
means used to transmit the initial list. DA Listing Information provided
shall indicate whether the customer is a residence or business customer.
The rate to be paid by ACI to GTE will be reasonable and mutually agreed.
8.2 The Parties will not release DA Listing Information that includes the other
Party's end user information to Third Parties without the other Party's
written approval. The other Party will inform the Releasing Party if it
desires to have the Releasing Party provide the other Party's DA Listing
Information to the Third Party, in which case, the Releasing Party shall
provide the other Party's DA Listing Information at the same time as the
Releasing Party provides the Releasing Party's DA Listing Information to
the Third Party. The rate to be paid by the Releasing Party to the other
Party shall be no more than the direct costs of compiling such
information. The other Party shall be responsible for billing the Third
Party.
8.3 The Parties will work together to identify and develop procedures for
database error corrections.
9. DIRECTORY LISTINGS AND DIRECTORY DISTRIBUTION. ACI will be required to
negotiate a separate agreement for directory listings and directory
distribution, except as set forth below, with GTE's directory publication
company.
LISTINGS. ACI agrees to supply GTE on a regularly scheduled
basis, at no charge, and in a mutually agreed upon format (e.g.
Ordering and Billing Forum developed), all listing information
for ACI's subscribers who wish to be listed in any GTE published
directory for the relevant operating area. Listing information
will consist of names, addresses (including city, state and zip
code) and telephone numbers. Nothing in this Agreement shall
require GTE to publish a directory where it would not otherwise
do so.
Listing inclusion in a given directory will be in accordance
with GTE's solely determined directory configuration, scope,
and schedules, and listings will be treated in the same manner
as GTE's listings.
DISTRIBUTION. Upon directory publication, GTE will arrange for
the initial distribution of the directory to service subscribers
in the directory coverage area at no charge.
ACI will supply GTE in a timely manner with all required
subscriber mailing information including non-listed and
non-published subscriber mailing information, to enable GTE to
perform its distribution responsibilities.
VIII-11
10. BUSY LINE VERIFICATION AND BUSY LINE VERIFICATION INTERRUPT. Each Party
shall establish procedures whereby its operator assistance bureau will
coordinate with the operator assistance bureau of the other Party to
provide Busy Line Verification ("BLV") and Busy Line Verification and
Interrupt ("BLVI") services on calls between their respective end users.
Each Party shall route BLV and BLVI inquiries over separate inward operator
services trunks. Each Party's operator assistance bureau will only verify
and/or interrupt the call and will not complete the call of the end user
initiating the BLV or BLVI. Each Party shall charge the other for the BLV
and BLVI services at the rates contained in APPENDIX ?, or if there is no
applicable rate listed in APPENDIX ?, at the rates in their respective
tariffs.
11. SAG. GTE will provide to ACI upon request the Street Address Guide at a
reasonable charge. Two companion files will be provided with the SAG which
lists all services and features at all LSOs, and lists services and
features that are available in a specific LSO.
12. DIALING FORMAT CHANGES. GTE will provide reasonable notification to ACI of
changes to local dialing format, I.E., 7 to 10 digit, by end office.
13. OPERATIONAL SUPPORT SYSTEMS (OSS). GTE shall provide OSS functions to ACI
for ordering, provisioning and billing that are generally available as
described in APPENDIX H attached to this Agreement and consistent with
Commission and FCC decisions applicable to the Parties.
VIII-12
ARTICLE IX
COLLOCATION
1. PHYSICAL COLLOCATION. GTE shall provide to ACI physical collocation of
equipment pursuant to 47 CFR Section 51.323 necessary for interconnection
or for access to unbundled network elements.GTE will work with ACI to
install physical collocation arrangements within 120 calendar days absent
extenuating circumstances. GTE will provide such collocation for purposes
of interconnection or access to unbundled network elements pursuant to the
terms and conditions in the applicable federal and state EIS tariffs.
If GTE demonstrates that physical collocation is not practical because of
technical reasons or space limitations, as provided in Section 251(c)(6)
of the Act, GTE will provide ACI an alternative arrangement as described
in 2. below, subject to the Parties good faith resolution of
implementation issues.
1.1 SPACE PLANNING. In addition to such provisions for space planning and
reservation as may be set forth in the applicable GTE federal and state EIS
tariffs, the parties agree to the following terms and conditions.
1.1.1 GTE has the right to reasonably reserve space within its central
offices for its own use based on future plans. If GTE denies ACI's
application for initial or growth collocation space based on
reserving space for GTE's future needs, and ACI disagrees with
GTE's denial for space, GTE agrees to demonstrate to the Commission
proper justification for GTE's reservation of space.
1.1.2 GTE will notify ACI if it plans to build an addition to a central
office where ACI has collocated facilities, if such addition would
result in a material increase of space available for collocation.
1.1.3 Should ACI submit to GTE a two-year forecast for space planning for
collocated facilities in a central office, GTE will, in good faith,
consider and discuss such forecast with ACI when considering space
planning or utilization decisions for such central office;
provided, however that any final space planning or utilization
decision shall be made by GTE in its sole discretion in light of
GTE requirements.
1.1.4 Subject to technical feasibility and space limitations, GTE will
make available at applicable federal and state EIS tariffs such
intraoffice facilities as may be necessary to accommodate projected
volumes of ACI traffic.
IX-1
1.2 CONNECTION TO CUSTOMER LOOPS AND PORTS. Facilities for cross-connection to
unbundled loops and ports shall be provided under the applicable GTE
federal tariff for Special Access Cross Connect, until such time as a local
tariff applicable to the facilities used for such cross-connection is
filed.
1.3 CONNECTION TO OTHER COLLOCATED CARRIERS. Subject to technical feasibility
and space limitations, ACI may interconnect with other carriers collocated
at a GTE central office at which ACI has collocated facilities; provided,
however, that ACI and such other carriers must be collocated at the GTE
central office for the primary purpose of interconnecting with GTE or
accessing GTE's unbundled network elements. If ACI wants to interconnect
with other carriers collocated at a GTE central office, ACI must provide
GTE with thirty Business Days' prior written notice, during which time GTE
may elect to provide the facilities necessary to accomplish such
interconnection. ACI and the other collocated carriers may provide the
necessary interconnection facilities only if GTE elects not to provide such
facilities or fails to so elect within the thirty day notice period. If
GTE elects to provide interconnection facilities under this section, GTE
will provide this cross connection under the GTE federal tariff for Special
Access Cross Connect, until such time as a local tariff applicable to the
facilities used for such interconnection facilities is filed.
1.4 CHOICE OF VENDOR. ACI may use the vendor of its choice to install,
maintain and repair equipment within ACI's collocated space. Access by the
employees, agents or contractors of such vendor shall be subject to the
same restrictions on access by employees, agents or contractors of ACI
imposed under the applicable GTE federal and state EIS tariffs, including
but not limited to certification and approval by GTE.
1.5 MONITORING. Subject to technical feasibility and space limitations, ACI
may extend its own facilities for remote monitoring of its collocated
equipment to its collocated space. ACI may request that GTE provide the
facilities necessary for such remote monitoring, at which time GTE and ACI
will negotiate in good faith the price, terms and conditions of remote
monitoring by GTE.
1.6 PHONE SERVICE. Upon ordering collocated space, ACI may order that its
collocation cage be provided with plain old telephone service (POTS) and/or
ISDN, if available, commencing at such time as GTE has completed
construction of the collocated space. ACI shall pay separately for any
ordered POTS or ISDN service.
1.7 INTRAOFFICE DIVERSITY. At ACI's request, GTE will provide diversity for
ingress/egress fiber and power cables where such diversity is available and
subject to technical feasibility and space limitations.
IX-2
1.8 NOTIFICATION OF MODIFICATIONS. GTE will notify ACI of modifications to
collocation space in accord with the terms of applicable GTE state and
federal EIS tariffs. Additionally, GTE shall notify ACI when major
upgrades are made to the power plants supporting ACI's collocation space.
The following shall constitute such major upgrades:
(a) replacement of a rectifier;
(b) addition or replacement of a new fusing module;
(c) addition or replacement of a power distribution unit frame; or
(d) addition or replacement of modular rectifiers.
1.9 DRAWINGS. When ACI orders collocated space, GTE and ACI will hold a
GTE/Customer meeting in accord with applicable GTE state and federal EIS
tariffs. At such meeting, GTE will provide such drawings of GTE's central
office facility as may be necessary to adequately depict ACI's proposed
collocation space.
1.10 CONSTRUCTION OF SPACE. GTE, or a GTE approved contractor selected by ACI,
will construct ACI's collocation space in accord with the terms and
conditions set forth in the applicable GTE state and federal EIS tariff.
Additionally, GTE agrees to the following terms and conditions regarding
construction of collocated space:
1.10.1 Space will be constructed in 100 square foot increments, and shall
be designed so as to prevent unauthorized access.
1.10.2 A standard 100 square foot cage shall have the following standard
features:
(a) eight-foot high, nine gauge chain link panels;
(b) three of the panels listed at (a) above shall measure eight by
ten feet, the fourth panel shall measure eight by seven feet;
(c) the door to the cage shall measure eight by three feet and shall
also consist of nine gauge chain link;
(d) the cage shall be provided with one padlock set, with GTE
retaining one master key;
(e) one ac electrical outlet;
(f) one charger circuit system;
IX-3
(g) one electrical sub-panel;
(h) such additional lighting as may be necessary;
(i) one fire detection requirement evaluation;
(j) grounding for the cage consistent with COEI.
1.10.3 Modifications to the standard configuration set forth in Section
1.10.2 can be made on an individual case basis. If modifications
are agreed upon and made by the Parties, GTE will work with ACI to
implement such additional modifications as may be necessary to
ensure that ACI's collocated space is protected from unauthorized
access.
1.10.4 At such time as construction of ACI's collocation space is
approximately 50 percent completed, GTE will give ACI notification,
and such notification shall include scheduled completion and
turnover dates.
1.10.5 Upon completion of construction of collocated space, GTE will
conduct a walk through of the collocated space with ACI. Should
ACI note any deviations from the plan agreed upon by GTE and ACI at
the customer meeting, and if such deviations were not requested by
ACI or not required by law, GTE shall correct such deviations at
its own expense within 5 Business Days.
1.11 CONNECTION EQUIPMENT. ACI may provision equipment for the connection of
ACI termination equipment to GTE equipment using either of the following
methods:
1.11.1 ACI may extend an electrical or optical cable from the terminal
within ACI's collocation cage and terminate that cable at GTE's
network.
1.11.2 ACI may install a patch panel within its collocation cage and then
hand the cabling to GTE to extend to and have GTE terminate that
cable at GTE's network.
1.12 ACCESS TO ACI COLLOCATION SPACE. The terms and conditions of access to
CLEC's collocation space shall be as set forth in applicable GTE state and
federal EIS tariffs. ACI shall have access to its collocated equipment on a
twenty-four hour, seven-days-a-week basis subject to reasonable security
and safety controls. Additionally, GTE agrees that the following terms and
conditions shall apply to access:
1.12.1 GTE shall implement adequate measures to control access to
collocation cages.
IX-4
1.12.2 Collocation space shall comply with all applicable fire and safety
codes.
1.12.3 Doors with removable hinges or inadequate strength shall be
monitored by an alarm connected to a manned site. All other alarms
monitoring ACI collocation space provided by GTE shall also be
connected to a manned site. ACI may, at its option, provide its
own intrusion alarms for its collocated space.
1.12.4 GTE shall control janitorial access to collocation cages, and
restrict such access to approved and certified employees, agents or
contractors.
1.12.5 GTE shall establish procedures for access to collocation cages by
GTE and non-GTE emergency personnel, and shall not allow access by
security guards unless such access comports with this section and
is otherwise allowed under applicable GTE state and federal EIS
tariffs.
1.12.6 GTE shall retain a master key to ACI's collocation space for use
only in event of emergency as detailed in applicable GTE state and
federal tariffs. At ACI's option, the Parties shall review key
control procedures no more frequently than once in any twelve month
period. At any time, ACI may elect to change keys if it suspects
key control has been lost, provided, however, that GTE will be
provided with a master key in accord with this section.
1.12.7 Not more frequently than once a year, ACI may audit the security
and access procedures and equipment applicable to its collocated
space and the central office housing the collocation space. Access
by personnel necessary to conduct such an audit shall be limited as
set forth in applicable GTE state and federal EIS tariffs. Should
ACI identify deficiencies in security and access procedures and
equipment as a result of such audit, the cost, terms and conditions
of the correction of such deficiencies shall be negotiated in good
faith between the parties.
1.14 COMMON COLLOCATION SPACE. Where sufficient space exists and upon request,
GTE will provide for collocation on a shared or common space basis, with
each collocator's area defined within the common space. Space for common
collocation will be allocated within the same secured space as other forms
of physical collocation; ie, caged collocation. Space will be made
available in single frame bay increments and requests for multiple bay
space will be provided n adjacent bays where possible. Space will be
provided utilizing standard equipment bay configurations in which the
collocator can place and maintain its
IX-5
own equipment. Access to the common collocation space will be on the
same terms as physical caged collocation in the same wire center. Each
collocator shall be responsible for providing any additional security
measures to protect its equipment. The rates, terms, and conditions that
apply specifically to common collocation are TBD. To the extent not
inconsistent with these requirements, the remaining rates, terms, and
conditions for physical collocation shall apply to common collocation.
2. ACCESS TO UNBUNDLED ELEMENTS. In order to provide the capability for ACI
to connect its facilities to GTE's unbundled elements at the wire center
where the elements are resident, the Parties agree to use the following
heirarchy of collocation options and alternatives to collocation:
2.1 If space is available, ACI will use physical (caged) collocation as
described in Section 1. above.
2.2 If space is not available for physical collocation, ACI will use common
collocation as described in Section 1.14 above, provided that (1) common
collocation is either currently available or can be made available within
120 days, and (2) sufficient space is available to meet ACI's reasonable
needs.
2.3 If space is not available for physical or common collocation, GTE will work
with ACI to provide an alternate arrangement to access unbundled elements.
Such arrangements may include, but are not limited to, those described
below. GTE's ability to provide any specific arrangement or technology may
vary by location. Unless provided by GTE tariff, the technical
requirements and the rates, terms, and conditions of each arrangement
will be established on an individual case basis.
2.3.1 VIRTUAL COLLOCATION. Virtual collocation is provided pursuant to GTE
Tariff.
2.3.2 CONNECTION TO AN INTERMEDIARY DISTRIBUTION FRAME. GTE will provide a
dedicated intermediary distribution frame (IDF) or dedicated space
on a shared IDF for ACI. ACI will be required to provide copper cable
facilities to connect the IDF to ACI's network. ACI will not have
access to GTE's building. ACI will hand off the building entrance
cable to GTE at the nearest man hole to GTE's building or another
mutually agreed upon location. GTE will pull the cable into GTE's
building and terminate it on the IDF. GTE will connect the IDF to
GTE's main distribution frame (MDF). Standard EIS cross connect
charges will apply to connect UNEs to the termination at the MDF.
2.3.3 CONNECTION TO THE MAIN DISTRIBUTION FRAME. GTE will provide
dedicated copper cable facilities necessary to connect GTE's MDF
with ACI's network. GTE and ACI facilities will be connected at a
meet point in the nearest man hole to GTE's building or at another
mutually agreed upon location. GTE will
IX-6
terminate the cable on the MDF. ACI will not have access to GTE's
building or GTE's cable other than at the meet point. Standard EIS
cross connect charges will apply to connect UNEs to the termination
at the MDF.
IX-7
ARTICLE X
ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY
To the extent required by the Act, GTE and ACI shall each afford to the other
access to the poles, ducts, conduits and rights of way it owns or controls on
terms, conditions and prices comparable to those offered to any other entity
pursuant to each Parties tariffs and/or standard agreements. Accordingly, if
either Party desires access to the other Party's poles, ducts, or rights of way,
GTE and ACI shall execute pole attachment and conduit occupancy agreements.
X-1
IN WITNESS WHEREOF, each Party has executed this Agreement to be effective as
of the date first above written.
GTE ACI
By /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By /s/ ▇▇▇▇ ▇. ▇▇▇▇
------------------------ ----------------------------
Name ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name ▇▇▇▇ ▇. ▇▇▇▇
------------------------ ----------------------------
Title Assistant Vice President Title VP and GM
Wholesale Markets-Interconnection ----------------------------
------------------------
Date December 1, 1998 Date November 13, 1998
------------------------ ----------------------------
APPENDIX A
SERVICE MATRIX
Date
-------------------------
Service Location Services
(identified by IP (identified by __________)
tandem serving area) (identified by CLLI code)
------------------------------------------------------------------------------
A-1
APPENDIX B
INTERCONNECTION, TELECOMMUNICATIONS SERVICES
AND FACILITIES AGREEMENT
BETWEEN
GTE __________ INCORPORATED
___________________________
AMENDMENT NO. _____
THIS AMENDMENT (herein so called) is made effective as of ___________________,
199___, by and between GTE ________________________ Incorporated ("GTE") and
_______________________________ ("ACI"). GTE and ACI are sometimes referred to
herein collectively as the "PARTIES" and individually as a "PARTY." Either GTE
or ACI may be referred to as "PROVIDER" or "CUSTOMER" as the context requires.
WHEREAS, Provider is providing to Customer and Customer is purchasing from
Provider those Services described in that certain Interconnection,
Telecommunications Services and Facilities Agreement for the State of
____________ by and between GTE and ACI dated effective as of _______________,
199___ (the "AGREEMENT"); and
WHEREAS, the Parties desire to amend the Agreement as provided in this
Amendment.
NOW, THEREFORE, in consideration of the terms and conditions contained in this
Amendment, the Parties agree as follows:
1.
2. ADDITIONAL SERVICES [IF APPLICABLE]
2.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following services under the terms and conditions
set forth in the Agreement and within the service attachment listed
below and attached to this Amendment:
Service Attachment _____ - ________________________
2.2 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, __________________ is made a part of
the Services provided under the Agreement and Service Attachment _____
shall be deemed to be a Service Attachment to the Agreement.
B-1
2.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, APPENDIX A, Service Matrix, to the
Agreement is hereby deleted and APPENDIX A, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect the additional
Services and related Service Locations.
3. SERVICE LOCATIONS [IF APPLICABLE]
3.1 Provider agrees to provide to Customer and Customer agrees to purchase
from Provider the following Services in the following locations:
Service Location IP Services
(identified by tandem (identified by CLLI (identified by Service
serving area) code) Attachment Number)
---------------------------------------------------------------------------
3.2 As of the effective date of this Amendment, the locations set forth in
Section 3.1 above shall be deemed Service Locations under the
Agreement.
3.3 As of the effective date of this Amendment, and continuing through the
remaining term of the Agreement, APPENDIX A, Service Matrix, to the
Agreement is hereby deleted and APPENDIX A, Service Matrix, to this
Amendment is hereby inserted in lieu thereof to reflect additional
Service Locations.
4. INTERPRETATION
All capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Agreement.
5. EFFECT
Except as modified herein, the Agreement shall remain in full force
and effect.
6. AUTHORITY
Each person whose signature appears below represents and warrants that
he or she has the authority to bind the Party on whose behalf he or
she has executed this Amendment.
B-2
7. MULTIPLE COUNTERPARTS
This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one
and the same instrument.
8. NO OFFER
Submission of this Amendment for examination or signature does not
constitute an offer by Provider for the provision of the products or
services described herein. This Amendment will be effective only upon
execution by both Provider and Customer.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date or
dates written below effective as of the date first above written.
GTE __________ INCORPORATED
----------------------------------------
By By
------------------------------ ------------------------------------
Name Name
------------------------------ ------------------------------------
Title Title
------------------------------ ------------------------------------
Date Date
------------------------------ ------------------------------------
B-3
APPENDIX C
RATES AND CHARGES FOR
TRANSPORT AND TERMINATION OF TRAFFIC
GENERAL. The rates contained in this APPENDIX C are the rates as defined in
Article V and are subject to change resulting from future Commission or other
proceedings, including but not limited to any generic proceeding to determine
GTE's unrecovered costs (e.g., historic costs, contribution, undepreciated
reserve deficiency, or similar unrecovered GTE costs (including GTE's interim
Universal Service Support Surcharge)), the establishment of a competitively
neutral universal service system, or any appeal or other litigation.
Each Party will ▇▇▇▇ the other Party as appropriate:
A. The Local Interconnection rate element that applies to Local
Traffic on a minute of use basis that each Party switches for
termination purposes at its wire centers. The local
interconnection rate is $0.0053123.
B. The Tandem Switching rate element that applies to tandem routed
Local Traffic on a minute of use basis. The tandem switching
rate is $0.0013054.
C. The Common Transport Facility rate element that applies to
tandem routed Local Traffic on a per minute/per mile basis.
The Common Transport Facility rate is $0.0000029.
D. The Common Transport Terminal element that applies to tandem
routed Local Traffic on a per minute/per termination basis.
The Common Transport Termination rate is $0.0001670.
E. The Tandem Transiting Charge is comprised of the following rate
elements:
Tandem Switching: = $0.0013054
Tandem Transport (10 mile average): 10 x $0.0000029 = $0.0000290
Transport Termination (2 Terminations): 2 x $0.0001670 = $0.0003340
Transiting Charge: = $0.0016684
C-1
APPENDIX D
RATES AND CHARGES FOR INTERIM NUMBER PORTABILITY USING RCF
GENERAL. GTE provides interim number portability using remote call forwarding
technology in it's tariff Cal. P.U.C. No. K-4. ACI agrees to use the same terms,
conditions, and charges when providing interim number portability using remote
call forwarding technology to GTE.
In addition, as defined in Article V, Section 3.2.3, the Party providing the
ported number will pay the other Party the rate per line per month for each
ported business line and the rate per line per month for each ported residential
line for the sharing of Access Charges on calls to ported numbers.
Business Rate Per Line Per Month: $4.00
Residential Rate Per Line Per Month: $2.50
D-1
APPENDIX E
(Reserved For Future Use)
E-1
APPENDIX F
PRICES FOR UNBUNDLED ELEMENTS
GENERAL. The rates contained in this APPENDIX F are the rates as defined in
Article VII, VII and are subject to change resulting from future Commission or
other proceedings, including but not limited to any generic proceeding to
determine GTE's unrecovered costs (e.g., historic costs, contribution,
undepreciated reserve deficiency, or similar unrecovered GTE costs (including
GTE's interim Universal Service Support Surcharge)), the establishment of a
competitively neutral universal service system, or any appeal or other
litigation.
GTE will offer unbundled loops and ports under the following conditions:
GTE assesses a separate interim universal service fund surcharge for loops and
ports to provide continued universal service support that is implicit in GTE's
current retail services prices; and to respect the careful distinctions Congress
has drawn between access to UNEs, on the one hand, and the purchase at wholesale
rates of GTE services on the other. This surcharge is being addressed (or will
be addressed) by the Commission or a court of competent jurisdiction. The
parties agree that GTE will offer the port and loop UNEs at the rates set forth
below in Appendix F without the interim surcharge, but subject to the following
terms and conditions:
A. ACI agrees that within thirty (30) days after the effective date
of a Commission or court order affirming GTE's interim surcharge,
ACI will (i) begin paying the monthly interim surcharge in accord
with Appendix F, and (ii) to the extent required by the terms of
a Commission or court order relating to the interim surcharge,
ACI will make a lump sum payment to GTE of the total interim
surcharges retroactive to the effective date of this Agreement.
B. Notwithstanding any provision in this Agreement, GTE may, at its
sole discretion and at any time, seek injunctive or other relief
(i) requiring ACI to pay GTE's interim surcharge or (ii)
requiring the Commission to immediately impose the interim
surcharge.
C. Nothing in this Agreement shall restrict or impair GTE from
seeking injunctive relief or any other remedy at any time and in
any court regarding GTE's interim surcharge or the Commission's
rejection or modification of GTE's interim surcharge.
F-2
MONTHLY RECURRING CHARGES
LOCAL LOOPS
2 Wire Analog Voice Grade Loop $ 30.00
4 Wire Analog Voice Grade Loop $ 48.00
2 Wire Digital Loop $ 30.00
4 Wire Digital Loop $ 48.00
DS-1 Loop $ TBD
DS-3 Loop $ TBD
Mid-Span Repeater $ TBD
NETWORK INTERFACE DEVICE
Basic NID $ 2.80
12 x NID $ 3.00
LOCAL SWITCHING (must purchase port)
Ports
2 Wire Analog Line Port $ 6.70
2 Wire ISDN Digital Line Port $ TBD
DS-1 Digital Trunk Port $ 129.90
4 Wire ISDN Digital DS-1 Port $ TBD
Local Switching, average per MOU $0.0053123
Shared Transport
Transport Termination MOU/Term $0.0001670
Transport Facility MOU/Mile $0.0000029
Tandem Switching MOU $0.0013054
VERTICAL FEATURES See Attached
DEDICATED TRANSPORT
CLEC Dedicated Transport
2 Wire Voice $ 30.00
4 Wire Voice $ 48.00
DS1 Standard 1st System $ 240.00
DS1 Standard Add'l System $ 130.00
DS3 Protected, Electrical $ 1,194.94
DS1 to Voice Multiplexing $ 262.85
DS3 to Voice Multiplexing $ 373.55
Interoffice Dedicated Transport
Voice Facility Per ALM $ 5.00
DS1 Facility Per ALM $ 5.00
DS1 Per Termination $ 37.97
DS3 Facility Per ALM $ 30.00
DS3 Per Termination $ 344.54
UNIVERSAL SERVICE SUPPORT (USF) SURCHARGE
Per Loop $ TBD
Per Port $ TBD
EIS CROSS CONNECTION
DS0 Level Connection Tariff
DS1 Level Connection Tariff
F-3
NON-RECURRING CHARGES
SERVICE ORDERING (loop or port)
Initial Service Order, per order $ 47.25
Transfer of Services Charge, per order $ 16.00
Subsequent Service Order, per order $ 24.00
Customer Service Record Research, per request $ 5.25
INSTALLATION
Unbundled Loop, per loop $ 14.25
Unbundled Port, per port $ 14.25
LOOP FACILITY CHARGE, per order $ 79.75
This charge will apply when field work is required
for establishment of new unbundled loop service.
F-4
ATTACHMENT 1
CALIFORNIA UNBUNDLED VERTICAL FEATURES
(Subject to
VERTICAL FEATURES Availability)
----------------- -------------
Three Way Calling $/line/month $1.13
Call Forwarding Variable $/line/month $1.23
Cust. Changeable Speed Calling 1-Digit $/line/month $0.90
Cust. Changeable Speed Calling 2-Digit $/line/month $0.92
Call Waiting $/line/month $0.73
Cancel Call Waiting $/line/month $0.25
Automatic Callback $/line/month $0.41
Automatic Recall $/line/month $0.32
Calling Number Delivery $/line/month $4.01
Calling Number Delivery Blocking $/line/month $0.62
Distinctive Ringing / Call Waiting $/line/month $1.96
Customer Originated Trace $/line/month $0.47
Selective Call Rejection $/line/month $2.53
Selective Call Forwarding $/line/month $2.94
Selective Call Acceptance $/line/month $7.43
Call Forwarding Variable CTX $/line/month $0.92
Call Forwarding Incoming Only $/line/month $0.26
Call Forwarding Within Group Only $/line/month $0.25
Call Forwarding Busy Line $/line/month $0.26
Call Forwarding Don't Answer All Calls $/line/month $0.48
Remote Call Forward $/line/month $1.11
Call Waiting Originating $/line/month $0.33
Call Waiting Terminating $/line/month $0.71
Cancel Call Waiting CTX $/line/month $0.25
Three Way Calling CTX $/line/month $1.38
Call Transfer Individual All Calls $/line/month $0.31
Add-on Consultation Hold Incoming Only $/line/month $0.25
Speed Calling Individual 1-Digit $/line/month $0.63
Speed Calling Individual 2-Digit $/line/month $0.64
Direct Connect $/line/month $0.42
Distinctive Alerting/Call Waiting Indicator $/line/month $1.46
Call Hold $/line/month $0.59
F-5
(Subject to
VERTICAL FEATURES Availability)
----------------- -------------
Semi-Restricted (Orig/Term) $/line/month $ 1.85
Fully-Restricted (Orig/Term) $/line/month $ 1.85
Toll Restricted Service $/line/month $ 0.26
Call Pick-up $/line/month $ 0.34
Directed Call Pick-up w/Barge-In $/line/month $ 0.40
Directed Call Pick-up w/o Barge-In $/line/month $ 0.39
Special Intercept Announcements $/line/month $ 8.49
Conference Calling -- 6-Way Station Cont. $/line/month $ 4.24
Station Message Detail Recording $/line/month $ 1.61
Station Message Detail Recording to Premises $/line/month $ 3.12
Fixed Night Service -- Key $/line/month $ 3.05
Attendant Camp-on (Non-DI Console) $/line/month $ 1.36
Attendant Busy Line Verification $/line/month $ 4.45
Control of Facilities $/line/month $ 0.25
Fixed Night Service -- Call Forwarding $/line/month $ 0.32
Attendant Conference $/line/month $12.88
Circular Hunting $/line/month $ 2.95
Preferential Multiline Hunting $/line/month $ 0.45
Uniform Call Distribution $/line/month $ 3.42
Stop ▇▇▇▇ Key $/line/month $ 0.25
Make Busy Key $/line/month $ 0.60
Queuing $/line/month $ 1.10
Automatic Route Selection $/line/month $ 0.35
Facility Restriction Level $/line/month $ 0.25
Expansive Route Warning Tone $/line/month $ 0.25
Time-of-Day Routing Control $/line/month $ 0.31
Foreign Exchange Facilities $/line/month $13.40
Anonymous Call Rejection $/line/month $ 5.31
Basic Business Group Sta-Sta ICM $/line/month $10.23
Basic Business Group CTX $/line/month $ 1.76
Basic Business Group DOD $/line/month $ 0.71
Basic Business Auto ID Outward Dialing $/line/month $ 0.25
F-6
(Subject to
VERTICAL FEATURES Availability)
----------------- -------------
Basic Business Group DID $/line/month $ 0.25
Business Set Group Intercom All Calls $/line/month $ 7.55
Dial Call Waiting $/line/month $ 0.57
Loudspeaker Paging $/line/month $12.38
Recorded Telephone Dictation $/line/month $13.28
On-Hook Queuing for Outgoing Trunks $/line/month $ 4.46
Off-Hook Queuing for Outgoing Trunks $/line/month $ 1.54
Teen Service $/line/month $ 0.82
Bg -- Automatic Call Back $/line/month $ 0.83
Voice/Data Protection $/line/month $ 0.25
Authorization Codes for Afr $/line/month $ 0.36
Account Codes for Afr $/line/month $ 0.59
Code Restriction Diversion $/line/month $ 0.37
Code Calling $/line/month $14.60
Meet-Me Conference $/line/month $ 5.93
Call Park $/line/month $ 0.25
Executive Busy Override $/line/month $ 0.25
Last Number Redial $/line/month $ 0.50
Direct Inward System Access $/line/month $ 0.25
Authorization Code Immediate Dialing $/line/month $ 0.25
Bg -- Speed Calling Shared $/line/month $ 0.25
Attendant Recall from Satellite $/line/month $ 0.25
Bg -- Speed Calling 2-Shared $/line/month $ 0.25
Business Set -- Call Pick-up $/line/month $ 0.25
Authorization Code for Mdr $/line/month $ 0.25
Locked Loop Operation $/line/month $ 0.25
Attendant Position Busy $/line/month $ 0.25
Two-Way Splitting $/line/month $ 0.84
Call Forwarding -- All (Fixed) $/line/month $ 1.75
Business Group Call Waiting $/line/month $ 0.25
Music on Hold $/line/month $ 6.41
Automatic Alternate Routing $/line/month $ 4.95
F-7
(Subject to
VERTICAL FEATURES Availability)
----------------- -------------
DTMF Dialing $/line/month $ 0.25
BG DTMF Dialing $/line/month $ 0.25
Business Set Access to Paging $/line/month $ 3.97
Call Flip-Flop (Ctx-A) $/line/month $ 3.52
Selective Calling Waiting (Class) $/line/month $ 2.80
Direct Inward Dialing $/line/month $11.85
Customer Dialed Account Recording $/line/month $ 3.37
Deluxe Automatic Route Selection $/line/month $ 0.68
MDC Attendant Console $/line/month $63.74
Warm Line $/line/month $ 0.25
Calling Name Delivery $/line/month $ 0.25
F-8
APPENDIX G
RATES AND CHARGES FOR 911/E911 ARRANGEMENTS
The following services are offered by GTE for purchase by ACI, where an
individual item is not superseded by a tariffed offering.
NRC MRC
--- ---
1. 9-1-1 Selective Router Map $125.00 n/a
Provided is a color map showing a selective
router's location and the GTE central offices that
send their 9-1-1 call to it. The selective router
and central office information will include CLLI
codes and NPA/NXXs served. The map will include
boundaries of each central office and show major
streets and the county boundary. Permission to
reproduce within ACI for its internal use is
granted without further fee. Non-tariffed price.
2. 9-1-1 Selective Router Pro-Rata Fee/trunk $0 $100.77
This fee covers the cost of selective routing
switch capacity per trunk to cover investment to
handle the additional capacity without going to the
9-1-1 districts for additional funding.
3. PS ALI Software $790.80
A personal computer software program running on
Windows 3.1-TM- for formatting subscriber records
into NENA Verison #2 format to create files for
uploading to GTE's ALI Gateway. Fee includes
software, warranty and ▇ ▇▇▇ ▇▇▇-▇▇▇▇ support at no
additional cost.
4. ALI Gateway Service $135.00 $36.12
Interface for delivery of ALI records to GTE's Data
Base Management System. This provides a computer
access port for ACI to transmit daily subscriber
record updates to GTE for loading into ALI
databases. It includes support at ▇ ▇▇▇ ▇▇▇-▇▇▇▇
at no additional cost.
5. 9-1-1 Interoffice Trunk Tariff Tariff
This is a tariffed offering, to be found in each
state's Emergency Number Service Tariff.
G-1
NRC MRC
--- ---
6. ALI Database Tariff Tariff
This is a tariffed offering, to be found in each
state's Emergency Number Service Tariff.
7. Selective Router Database per Record Charge Tariff Tariff
Fee for each ALI record used in a GTE selective
router. This is a tariffed offering, to be found
in each state's Emergency Number Service Tariff.
8. MSAG Copy
Production of one copy of a 9-1-1 Customer's Master
Street Address Guide, postage paid.
a. Copy provided in paper format $238.50 $54.00
b. Copy provided in flat ASCII file on a 3 1/2" diskette $276.00 $36.00
APPENDIX H
SERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE
1. SERVICE ORDERING, SERVICE PROVISIONING, AND BILLING SYSTEMS GENERALLY.
The following describes generally the operations support systems that
GTE will use and the related functions that are available for
ordering, provisioning and billing for resold services,
interconnection facilities and services and unbundled network
elements. Except as specifically provided otherwise in this
Agreement, service ordering, provisioning, billing and maintenance
shall be governed by the GTE Guide. Before orders can be taken, ACI
will provide GTE with its Operating Company Number ("OCN") and Company
Code ("CC") as follows:
(a) ACI must provide their OCN (four-digit alpha-numeric assigned by
Bellcore or number administrator) on the CLEC Profile. The GTE
Guide provides the necessary information for ACI to contact
Bellcore to obtain the OCN. There are no optional fields on the
Profile.
(b) Before the Local Service Request ("LSR") and Directory Service
Request ("DSR") order forms can be processed ACI must provide the
OCN and Customer Carrier Name Abbreviation ("CCNA").
1.1 OPERATIONS SUPPORT SYSTEMS FOR TRUNK-SIDE INTERCONNECTION
1.1.1 ACI will be able to order trunk-side interconnection
services and facilities from GTE through a direct electronic
interface over the GTE Network Data Mover ("NDM") in a
nondiscriminatory manner. Orders for trunk-side
interconnection will be initiated by an Access Service
Request ("ASR") sent electronically by ACI over the NDM.
ASRs for trunk-side interconnection will be entered
electronically into GTE's Carrier Access Management System
("CAMS") to validate the request, identify any errors, and
resolve any errors back to ACI. CAMS is a family of GTE
systems comprised primarily of EXACT/TUF, SOG/SOP, and CABS.
1.1.2 The use of CAMS to support ACI's requests for trunk-side
interconnection will operate in the following manner: GTE
will route the ASR through its data center to one of two
National Access Ordering Centers ("NACC"). The ASR will be
entered electronically into the EXACT/TUF system for
validation and correction of errors. Errors will be
referred back to ACI. ACI then will correct any errors that
GTE has identified and resubmit the request to GTE
electronically through a supplemental ASR, without penalty
or charge (e.g., order modification charge) to ACI.
Similarly, errors committed by GTE subsequent to the receipt
of a valid ASR from
H-1
ACI will be expeditiously identified and corrected by GTE
without the need for ACI's submission of a supplemental ASR.
GTE then will translate the ASR into a service order for
provisioning and billing. In order to convert the ASR into
a service order, GTE personnel must apply the necessary
elements to provision the service and include the billable
elements necessary for GTE to ▇▇▇▇ ACI for the services
provided. This application also requires a determination of
the access tandem to end office relationships with the
service requested.
1.1.3 At the next system level, translated service orders will be
distributed electronically through the SOG/SOP systems to
several destinations. The SOG/SOP system will begin the
actual provisioning of the service for ACI. Other GTE
provisioning systems are CNAS and ACES. The GTE Database
Administrative Group ("DBA") and the Special Services
Control Center ("SSCC") will be the two most important
destinations at this level. The DBA location will identify
codes for the appropriate GTE switch in order to provide the
functions required by the ASR. The SSCC will provide the
engineering for the facilities over which the services will
be handled. Information from these two groups (and others)
then will be transmitted electronically to GTE's field
service personnel (Customer Zone Technicians or "CZTs") who
will establish the trunks and facilities, thus connecting
the GTE facilities to a connecting company, if one is
required, and to ACI. GTE's CZTs also will contact ACI
directly to perform testing, and upon acceptance by ACI,
will make the necessary entries into the GTE system to
complete the order. The completed orders then will pass to
GTE's Carrier Access Billing System ("CABS") which will
generate the ▇▇▇▇ to ACI. The billing process under CABS
requires coordination with several other systems.
1.1.4 Billing for transport and termination services cannot be
accomplished without call records from GTE's central office
switches. Records of usage will be generated at GTE's end
office switches or the access tandems. Call usage records
will be transmitted electronically from GTE's switches
through GTE's Billing Intermediate Processor ("BIP"). This
system will collect the call records, perform limited
manipulations to the record and transfer them to a
centralized data center where they will be processed through
the Universal Measurement System ("UMS") to determine the
validity and accuracy of the records. UMS also will sort
the records and send them to the CABS billing system, from
which GTE will produce a ▇▇▇▇ and send it to ACI.
H-2
1.2 OPERATIONS SUPPORT SYSTEMS FOR RESOLD SERVICES AND UNBUNDLED ELEMENTS
1.2.1 ACI will also be able to order services for resale and
unbundled network elements, as well as interim number
portability, directly from GTE through an electronic
interface. To initiate an order for these services or
elements, ACI will submit a Local Service Request ("LSR")
from its data center to GTE's Data Center using the same
electronic NDM interface used for trunk-side
interconnection. If no NDM interface exists or if ACI
chooses to establish a separate NDM interface, ACI must
request an NDM facility. For new entrants that elect not to
interface electronically, GTE will accommodate submission of
LSR orders by facsimile, E-mail, Internet or a dial NDM
arrangement. An LSR is very similar to an ASR, except that
it will be used exclusively for line-side interconnection
requests. GTE will transfer LSRs to GTE's NOMC centralized
service order processing center electronically.
1.2.2 Most LSRs will be used either to transfer an existing GTE
customer to ACI or to request service for a new customer who
is not an existing GTE customer. Depending on the
situation, different information will be required on the
LSR. LSRs for a conversion of a GTE local customer to ACI
must include information relating to all existing, new and
disconnected services for that customer, including the
customer's name, type of service desired, location of
service and features or options the customer desires. ACI
will be able to obtain this customer information after GTE
has received the customer's written consent as specified in
Article VI.?. For service to a new customer who is not an
existing GTE customer, the LSR must contain the customer's
name, service address, service type, services, options,
features and ALEC data. If known, the LSR should include
the telephone number and due date/desired due date.
1.2.3 While ACI would have its own customer information and may
have the SAG/GTE products on tape from GTE, ACI would not
have the due date or new telephone number for new customers
since that information is contained in GTE's systems.
Therefore, a process is required to provide this information
to ACI. GTE itself does not have uniform access to this
information electronically. Until GTE and ACI have agreed
and established electronic interfaces, ACI agrees that an
800 number is the method that will be used. The 800
telephone number will connect ACI directly to GTE's NOMC
service representatives. When ACI receives a request for
basic services from a new local service customer, ACI will
call GTE's NOMC through the 800 number, and, while the new
customer is on
H-3
hold, GTE will provide the due date for service and the new
telephone number for that customer. At the same time, ACI
will give GTE the new customer's name, service address and
type of requested service (i.e., ▇▇, ▇▇). GTE will enter
that information into its SORCES or SOLAR service ordering
systems to be held in suspense until ACI sends the
confirming LSR. ACI will then return to its customer
holding on the line and provide the due date and new
telephone number.
1.2.4 After concluding the telephone call with the new customer,
ACI will complete a confirming LSR for the new service and
send it electronically to GTE's data center for processing.
Upon receipt, GTE will match the LSR with the service order
suspended in GTE's system, and if there is a match, GTE will
process the LSR. After the LSR is processed, GTE will
transmit confirmation electronically to ACI through the NDM
that the LSR has been processed, providing a record of the
telephone number and due date. ACI will be required to
submit the confirming LSR by 12:00 p.m. each day local time,
as defined by the location of the service address. If ACI
fails to submit the LSR in a timely manner, the suspended
LSR will be considered in jeopardy, at which time GTE will
assign a new due date upon receipt of the delayed LSR for
such customer requests and notify ACI of the change.
1.2.5 Number assignments and due date schedules for services other
than single line service and ▇▇▇▇ groups up to 12 lines will
be assigned within approximately twenty-four (24) hours
after GTE's receipt of the LSR using the standard Local
Service Confirmation ("LSC") report sent electronically to
ACI over the NDM, thereby providing a record of the newly
established due date. An exception would be a multi-line
▇▇▇▇ group for 12 lines or fewer. The other numbers then
will be provided through the normal electronic confirmation
process.
1.2.6 The processing of specifically requested telephone numbers
(called "vanity numbers") is as follows. GTE will work with
ACI on a real time interface to process vanity numbers while
ACI's customer is still on the line. If a number solution
can be established expeditiously, it will be done while the
customer is still on the line. If extensive time will be
required to find a solution, GTE service representatives
will work with ACI representatives off line as GTE would for
its own customers. For all of this, the basic tariff
guidelines for providing telephone numbers will be followed.
H-4
1.2.7 Once the order for line-side interconnection service is
established, it is moved for provisioning to the next system
level. Here, GTE will validate and process the LSR to
establish an account for ACI and, if GTE continues to
provide some residual services to the customer, GTE will
maintain a GTE account. In GTE's system, GTE's account is
called the Residual Account and ACI's account is referred to
as the ACI Account. If any engineering for the service is
necessary, the account would be distributed to the SSCC.
Otherwise, it will be distributed for facility assignment.
1.2.8 With the account established and any engineering and
facility assignment complete, GTE then will transmit
electronically a record to GTE's CZT field personnel if
physical interconnection or similar activity is required.
The CZTs will provision the service and then electronically
confirm such provision in the SOLAR/SORCES system when
completed. The accounts then will be transmitted to GTE's
Customer Billing Services System ("CBSS"). GTE shall provide
to ACI a service completion report. Call records for actual
service provided to ACI's customers on GTE facilities will
be transmitted from GTE's switches through some usage rating
systems (BIP, UMS), screened and eventually delivered to
CBSS for the generation of bills.
1.2.9 CBSS is a different system than CABS, and it is the one that
GTE will utilize to produce the required bills for resold
services, unbundled elements and local number portability.
CBSS will create a ▇▇▇▇ to ACI for resold services and
unbundled elements along with a summary ▇▇▇▇ master. Daily
unrated records for intraLATA toll usage and local usage
(incollect usage data will be provided on rated basis) on
ACI's accounts will be generated and transmitted
electronically to ACI.
1.2.10 On resold accounts, GTE will provide usage in EMR format per
existing file exchange schedules. The usage billing will be
in agreed upon level of detail for ACI to issue a ▇▇▇▇ to
its end users.
1.2.11 GTE will provide ACI with detailed monthly billing
information in a paper format until an agreed upon
Electronic Data Interchange 811 electronic ▇▇▇▇ format is
operational.
1.2.12 State or sub-state level billing will include up to ten (10)
summary ▇▇▇▇ accounts.
1.2.13 GTE accepts ACI's control reports and agrees to utilize
industry standard return codes for unbillable messages.
Transmission will
H-5
occur via the NDM. Tape data will conform to Attachment "A"
of the LRDTR. Data will be delivered Monday through Friday
except for Holidays as agreed. Data packages will be
tracked by invoice sequencing criteria. GTE contacts will
be provided for sending/receiving usage files.
1.2.14 GTE will retain data backup for 45 Business Days. To the
extent this retention is exclusively for ACI, ACI shall
reimburse GTE for all expenses related to this retention.
1.2.15 In addition to the LSR delivery process, ACI will distribute
directory assistance and directory listing information
(together sometimes referred to hereafter as "DA/DL
information") to GTE via the LSR ordering process over the
NDM. GTE will provide listings service via its "listing
continuity" offering.
1.2.16 Charges and credits for PIC changes ordered via an LSR will
appear on the wholesale ▇▇▇▇. As ACI places a request for a
PIC change via LSR, the billing will be made on ACI account
associated with each individual end user. GTE will process
all PIC changes from IXCs that are received for ACI end
users by rejecting back to the IXC with the ACI OCN. Detail
is provided so that ACI can identify the specific charges
for rebilling to their end user.
1.2.17 CMDS. The parties will provide for the distribution of
intraLATA CMDS incollect messages and/or selected local
measured service messages as follows:
1.2.17.1 MESSAGES TO BE SCREENED. GTE receives CMDS I
transmissions containing intraLATA incollect
messages from the state RBOC CMDS host each
business day. Per ACI's request, GTE will
screen the incollects by NPA and line number and
accumulate the Collect, Third Number Billed and
Credit Card (collectively called incollects)
messages in a data file. The screening will be
for end users who have chosen ACI as their local
service provider through a Resale or Unbundled
Network arrangement. The screened incollect
messages and any Local Measured Service (LMS)
usage will be accumulated and forwarded to ACI.
The Parties will mutually agree on the frequency
of the data exchange and the method of
transmission (i.e., magnetic tape or direct
electronic transmission). GTE will forward the
screened messages in the industry standard EMR
format. GTE intraLATA toll
H-6
messages that are recorded by GTE and dialed on
a one plus or zero plus basis are not part of
this section and will not be screened.
1.2.17.2 COMPENSATION. GTE will ▇▇▇▇ ACI monthly for all
services related to the screening, accumulating,
processing and transmitting of incollect
messages and LMS usage, if applicable, at a
reasonable and mutually agreeable charge. In
addition, any message processing fee associated
with ACI's incollect messages that are charged
to GTE by the CMDS Host will be passed on to ACI
on the monthly statement. All revenue,
surcharges, taxes and any other amounts due to
the CMDS Host for ACI's incollect messages will
be billed on the monthly statement. It is ACI's
responsibility to ▇▇▇▇ and collect all incollect
and LMS amounts due from its end users. The
incollect and LMS revenue amounts that are
listed on the monthly invoice are payable to GTE
in total. The Parties agree that the
arrangement for invoicing the incollect and LMS
revenue amounts due GTE is not a settlement
process with ACI.
1.2.17.3 ADMINISTRATION. The Parties agree to develop a
process whereby ACI's end user information is
available in a timely manner to allow GTE to
build tables to screen the CMDS incollect files
and LMS files on behalf of ACI.
1.2.18 BACKBILLING. GTE shall ▇▇▇▇ ACI on a timely basis. In no
case shall GTE ▇▇▇▇ ACI for previously unbilled charges that
are for more than one year prior to the current ▇▇▇▇ date.
1.3 ORDER PROCESSING.
1.3.1 ORDER EXPECTATIONS. ACI agrees to warrant to GTE that it is
a certified provider of telecommunications service. ACI
will document its Certificate of Operating Authority on the
CLEC Profile and agrees to update this CLEC Profile as
required to reflect its current certification. The Parties
agree to exchange and to update end user contact and
referral numbers for order inquiry, trouble reporting,
billing inquiries, and information required to comply with
law enforcement and other security agencies of the
government. The Parties also agree to exchange and to
update internal order, repair and billing point of contacts.
Prior to submitting an order
H-7
under this Agreement, ACI shall obtain such documentation as
may be required by state and federal laws and regulations.
1.3.2 GTE shall provide ACI with a specified customer contact
center for purposes of placing service orders and
coordinating the installation of services. These activities
shall be accomplished by telephone call or facsimile until
electronic interface capability has been established. The
Parties adopt the OBF LSR and DSR forms for the ordering,
confirmation and billing of resale and unbundled services.
The Parties adopt the OBF ASR forms for the ordering,
confirmation and billing of trunk-side interconnection.
1.3.3 GTE will process such service orders during normal operating
hours, at a minimum on each Business Day between the hours
of 8 a.m. to 8 p.m. Eastern Time and shall implement service
orders within the same time intervals used to implement
service orders for similar services for its own users.
1.3.4 GTE will provide current GTE customer proprietary network
information (name, address, telephone number and description
of services provided by GTE including PIC and white page
directory listing information) as provided in Article VI,
Section ?. The return of customer information will be via
facsimile or via electronic transmission.
1.3.5 Transfer Between Local Service Providers - GTE will provide
a displacement/out service report to a Local Service
Provider (LSP) whenever an end user leaves that LSP and
procures service from another LSP. When a ACI end user
changes to another LSP, GTE will notfiy ACI when such
activity occurs the day after completion or within 48 hours
of such disconnect.
2. MAINTENANCE SYSTEMS.
2.1 GENERAL OVERVIEW
2.1.1 If ACI requires maintenance for its local service customers,
ACI will initiate a request for repair (sometimes referred
to as a "trouble report") by calling GTE's Customer Care
Repair Center. During this call, GTE service representatives
will verify that the end-user is a ACI customer and will
then obtain the necessary information from ACI to process
the trouble report. While the ACI representatives are still
on the line, GTE personnel will perform an initial analysis
of the problem and remote line testing for resale services.
If engineered services are involved, the call will be made
to the GTE
H-8
SSCC for handling. If no engineering is required and the
line testing reveals that the trouble can be repaired remotely,
GTE personnel will correct the problem and close the trouble
report while ACI representatives are still on the line. If
on-line resolution is not possible, GTE personnel will provide
ACI representatives a commitment time for repair, and the GTE
personnel then will enter the trouble ticket into the GTE
service dispatch queue. ACI's repair service commitment times
will be within the same intervals as GTE provides to its own
end users. Maintenance and repair of GTE facilities is the
responsibility of GTE and will be performed at no incremental
charge to ACI. If, as a result of a ACI-initiated trouble
report, trouble is found to be the responsibility of ACI (e.g.,
non-network cause) GTE will charge ACI for trouble isolation.
ACI will have the ability to report trouble for its end users
to appropriate trouble reporting centers 24 hours a day, 7 days
a week. ACI will be assigned a customer contact center when
initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be
processed in essentially the same manner as those by the GTE
Customer Care Center. GTE personnel will analyze the
problem, provide the ACI representative with a commitment
time while they are still on the line, and then place the
trouble ticket in the dispatch queue.
2.1.3 GTE then will process all ACI trouble reports in the
dispatch queue along with GTE trouble reports in the order
they were filed (first in, first out), with priority given
to out-of-service conditions. If, at any time, GTE would
determine that a commitment time given to ACI becomes in
jeopardy, GTE service representatives will contact ACI by
telephone to advise of the jeopardy condition and provide a
new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted
electronically to GTE CZT service technicians who will
repair the service problems and clear the trouble reports.
For cleared ACI trouble reports, GTE service technicians
will make a telephone call to ACI directly to clear the
trouble ticket. GTE service technicians will make the
confirmation call to the telephone number provided by ACI.
If ACI is unable to process the call or places the GTE
technician on hold, the call will be terminated. To avoid
disconnect, ACI may develop an answering system, such as
voice mail, to handle the confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to operation
support systems functions which provide the capability to
initiate, status
H-9
and close a repair trouble ticket. GTE will not provide to
ACI real time testing capability on ACI end user services.
GTE will not provide to ACI an interface for network
surveillance (performance monitoring).
2.1.6 GTE will resolve repair requests by or for ACI local service
customers using GTE's existing repair system in parity with
repair requests by GTE end users. GTE will respond to
service requests for ACI using the same time parameters and
procedures that GTE uses. ACI then would call GTE's
Customer Care Center or SSCC while the customers were on
hold.
2.2 NETWORK MANAGEMENT CONTROLS.
2.2.1 NETWORK MAINTENANCE AND MANAGEMENT. The Parties will work
cooperatively to install and maintain a reliable network.
2.2.2 Neither Party shall be responsible to the other if necessary
changes in network configurations render any facilities of
the other obsolete or necessitate equipment changes.
2.2.3 NETWORK MANAGEMENT CONTROLS. Each Party shall provide a
24-hour contact number for Network Traffic Management issues
to the other's network surveillance management center. A
fax number must also be provided to facilitate event
notifications for planned mass calling events.
Additionally, both Parties agree that they shall work
cooperatively that all such events shall attempt to be
conducted in such a manner as to avoid degradation or loss
of service to other end users. Each Party shall maintain
the capability of respectively implementing basic protective
controls such as "Cancel To" and "Call Gap."
3. ELECTRONIC INTERFACE. The Parties shall work cooperatively in the
implementation of electronic gateway access to GTE operational support
systems functions in the long-term in accordance with established
industry standards.
3.1 ACI shall have immediate access to the following OSS electronic
interfaces that will provide functionality to enable ACI to service
customers in an equal and non-discriminatory manner:
3.1.1 Pre-Order functions, e.g., TN Assignment, DD Reservation,
Address Validation, Product Availability, that are available
on a dial-up or dedicated basis using the Secure Integrated
Gateway System (SIGS).
H-10
3.1.2 Order functions that are available on a dial-up or dedicated
basis using CONNECT: Mail file transfer.
3.1.3 Initial trouble reports via SIGS.
3.1.4 Electronic transfer of the ACI ▇▇▇▇ in electronic data 811
format.
3.2 ACI may migrate to fully interactive system to system
interconnectivity. GTE, with input from ACI and other carriers, shall
provide general interface specifications for electronic access to this
functionality. These specifications will be provided to enable ACI to
design system interface capabilities. Development will be in
accordance with applicable national standards committee guidelines.
Such interfaces will be available as expeditiously as possible.
3.3 All costs and expenses for any new or modified electronic interfaces
exclusively to meet ACI requirements that GTE determines are
technically feasible and GTE agrees to develop will be paid by ACI.
Costs for development of systems intended for common use by competing
carriers will be assessed based on a mutually agreed method of cost
recovery.
3.4 ACI shall be responsible for modifying and connecting any of its
pre-ordering and ordering systems with GTE provided interfaces as
described in this Appendix.
4. GTE INITIATED ELECTRONIC SYSTEM REDESIGNS. GTE will not charge ACI
when GTE initiates its own electronic system
redesigns/reconfigurations.
H-11
APPENDIX I
(Reserved For Future Use)
I-1
APPENDIX J
(Reserved For Future Use)
J-1
APPENDIX K
(Reserved For Future Use)
K-1
APPENDIX L
COMPENSATION FOR EXCHANGE OF TRAFFIC USING UNBUNDLED ELEMENTS
1. This Appendix describes the compensation terms that apply for exchanging
local, intraLATA, toll and interexchange traffic when ACI uses GTE-provided
unbundled ports, local switching and shared transport to provide service to
ACI's end users. Reciprocal compensation does not apply in a resale
environment.
2. Compensation for ACI's Purchase of GTE's unbundled local switching.
A. FOR LOCAL INTRA-SWITCH CALLS between lines connected to GTE's switch
where ACI has purchased GTE's unbundled local switching, the Parties
agree to impose no call termination charges on each other. GTE's
local switching charge will apply as described below where the call
is:
1. Originated by ACI's customer using GTE's unbundled local
switching and completed to a GTE customer:
a. (For use of the local switch): local switching charge
the originating office will apply to ACI.
2. Originated by ACI's customer using GTE's unbundled local
switching and completed to the customer of a third party
LEC (not affiliated with ACI) using GTE'S unbundled local
switching.
a. (For use of the local switch): local switching
charge at the originating office will apply to ACI.
3. Originated by ACI's customer using GTE's unbundled local
switching and completed to another ACI's customer using
GTE's unbundled local switching.
a. (For use of the local switch): local switching
charge at the originating office will apply to ACI.
4. Originated by a GTE customer and terminated to ACI's
customer using GTE's unbundled local switching.
a. No local switching charge will apply to ACI.
5. Originated by the customer of a third-party LEC (not
affiliated with ACI) using GTE's unbundled local
switching and terminated to ACI's customers using GTE's
unbundled local switching.
a. No local switching charge will apply to ACI.
L-1
B. FOR LOCAL INTER-SWITCH CALLS where *CLEC has purchased GTE's unbundled
local switching. GTE's charges will apply to CLEC as described below
where the call is:
1. Originated from ACI's end user customer using GTE's
unbundled local switching and completed to a GTE customer:
a. (For use of the local switch): local switching
charge at the originating office.
b. A mileage-based transport charge will apply when ACI
uses GTE's transport.
c. Tandem Switching, if applicable.
d. (For call termination): Charges for local
interconnection/call termination, when applicable
2. Originated from ACI's customer using GTE's unbundled
local switching and completed to a third-party LEC (not
affiliated with ACI) customer using GTE's unbundled local
switching.
a. (For use of the local switch): local switching
charge at the originating office.
b. A mileage-based transport charge will apply when ACI
uses GTE's transport.
c. Tandem Switching, if applicable.
3. Originated from ACI's customer using GTE's unbundled
local switching and completed to the interconnected
network of a third-party LEC (not affiliated with ACI).
a. (For use of the local switch): local switching
charge at the originating office.
b. A mileage-based transport charge will apply when ACI
uses GTE's transport, and mileage shall be measured
between the originating office and the IP of the
Third Party's network.
c. Tandem Switching, if applicable.
4. Originated from ACI's customer using GTE's unbundled
local switching and completed to ACI's customer using
GTE's unbundled local switching.
L-2
a. (For use of the local switch): local switching
charge at the originating office.
b. A mileage-based transport charge will apply when ACI
uses GTE's transport.
c. Tandem Switching, if applicable.
d. (For use of the local switch):Local switching charge
at the terminating office.
5. Originated by a GTE customer and terminated to ACI's
customer using GTE's unbundled local switching.
a. (For use at local switch): local switching charge at
the terminating office.
b. (For call termination): ACI shall charge GTE for
local interconnection/call termination, when
applicable.
6. Originated by a customer of a third-party LEC using GTE's
unbundled local switching and terminated to ACI's
customer using GTE's unbundled local switching.
a. (For use of the local switch): local switching
charge at the terminating office.
7. Originated by a customer of the interconnected network of
a third-party LEC and terminated to ACI's customers using
GTE's unbundled local switching.
a. (For use of the local switch): local switching
charge at the terminating office.
C. FOR INTRALATA TOLL CALLS where ACI has purchased GTE's unbundled local
switching, charges shall apply as follows:
1. Originated by ACI's customer and completed to a GTE customer:
a. (For use of the local switch): local switching
charge at the originating office.
b. Shared transport charge between the two offices will
apply when ACI uses GTE's transport.
L-3
c. Tandem Switching, if applicable.
d. (For call termination): End Office Switching charge
at the terminating office (Switched Access Rate).
2. Originated by ACI's customer and completed to the
customer of a third-party LEC using GTE's unbundled local
switching in a distant end office.
a. (For use of the local switch): local switching
charge at the originating office.
b. Shared transport charge between the two offices will
apply when ACI uses GTE's transport.
c. Tandem Switching, if applicable.
3. Originated by ACI's customer and completed to the network
of a third-party LEC interconnected with GTE's network.
a. (For use of the local switch): local switching
charge at the originating office.
b. Common transport charge will apply when ACI uses
GTE's transport, and mileage shall be measured
between the originating office and the IP of the
Third Party's network.
c. Tandem Switching, where applicable.
4. Originated by ACI's customer and completed by another of
ACI's customers being served through GTE's unbundled
local switching in a distant office.
a. (For use of the local switch): local switching
charge at the originating office.
b. Shared transport charge between the two offices will
apply when ACI uses GTE's transport.
c. Tandem Switching, if applicable.
d. (For use of the local switch): local switching
charge at the terminating office.
5. Originated by a GTE customer and terminated to ACI's
customer using GTE's unbundled local switching.
L-4
a. (For use of the local switch): local switching
charge at the terminating office.
b. (For call termination): ACI will charge GTE local
switching at the terminating office.
6. Originated by a customer of a third-party LEC (not
affiliated with ACI) using GTE's unbundled local
switching in a distant end office and terminated to ACI's
customers using GTE's unbundled local switching.
a. (For use of the local switch): local switching
charge at the terminating office.
7. Originated by a customer of the network of a third-party
LEC interconnected with GTE's network and terminated to
ACI's customers using GTE's unbundled local switching.
a. (For use of the local switch): local switching
charge at the terminating office.
D. FOR INTRASTATE SWITCHED ACCESS CALLS where ACI is using GTE's
unbundled local switching for calls originated from or terminated to
an IXC for completion:
1. For calls originated from ACI's customer to an IXC switch
for completion.
a. (For use of the local switch): local switching
charge at the office.
b. Shared Transport;
c. Tandem Switching
2. For calls terminating to ACI's end user customer from an
IXC switch for completion.
a. (For use of the local switch): local switching
charge at the terminating office.
b. Shared Transport;
c. Tandem Switching
L-5
E. FOR INTERSTATE SWITCHED ACCESS CALLS where ACI is using GTE's
unbundled local switching for calls originated from or
terminated to an IXC for completion:
1. For calls originated from ACI's customer to an IXC
switch for completion.
a. (For use of the local switch): local switching
charge at the originating office.
b. Shared Transport;
c. Tandem Switching
2. For calls terminating to ACI's customer from an IXC
switch for completion:
a. (For use of the local switch): local switching
charge at the terminating office.
b. Shared Transport;
c. Tandem Switching
3. Unbundled local switching will be billed on a per minute
of use basis and applied to all originating and
interswitch terminating traffic, including, but not
limited to local, toll, operator services, directory
assistance, 911/E911, 500, 700, 800/888, 900, 950, 976,
busy calls, no answer, incomplete. Where
non-conversation time cannot be measured, the parties
will mutually agree on the appropriate measure and
charge. Where measurement of terminating local switching
minutes is not available, the number of minutes billed
for terminating usage will be equal to the number of
originating minutes. The Parties will mutually agree on
a method and procedure to periodically sample and
validate or adjust the ratio of originating to
terminating minutes for billing purposes.
▇-▇
▇▇▇▇▇▇▇▇ ▇▇▇
GTE/ACI OPT-IN NEGOTIATION ISSUES
MCI TERMS
Pursuant to Section 46 of Article III of this Agreement and subject to all of
the terms and conditions thereof, the following MCI Terms referred to in Section
46 will be substituted for the specified terms of this Agreement which are set
out below as and when Section 46 calls for them to be substituted.
Issue MCI Agreement
Description Reference
----------- ---------
1. The rates for the transport and The following rates in Attachment I to
termination of local traffic Appendix C of the MCI Agreement will
provided in Appendix C of this apply instead of Appendix C of this
Agreement Agreement:
Local Interconnection $.0036286
Tandem Switching .0015000
Common Transport Facility .0000212
Common Transport Termination .0001943
Tandem Transit Charge .0021006
2. The rates for unbundled network The following rates in Attachments I and
elements provided in Appendix F II to Appendix C of the MCI Agreement
of this Agreement. will apply instead of Appendix F of this
Agreement:
Monthly Recurring Charges
Local Loops
2 Wire Analog Voice Grade Loop $16.81
4 Wire Analog Voice Grade Loop $31.85
2 Wire Digital Loop $16.81
4 Wire Digital Loop $31.85
Local Switching The rates in Sections 3 and 5 of
(All elements) Attachment I.
46A-1
Vertical Features The rates in Section 3 of Attachment I.
(All elements)
Dedicated Transport The rates in Section 5 of Attachment I.
(All elements)
Non-Recurring Charges The rates in Section 1 of Attachment II.
(All elements)
46A-2
APPENDIX 46B
GTE/ACI OPT-IN NEGOTIATION ISSUES
GTE TERMS
Pursuant to Section 46 of Article III of this Agreement, the following terms
shall be applied in the event the MCI Terms are deemed to be unlawful, or are
stayed or enjoined by a court or commission of competent jurisdiction.
Issue GTE Agreement
Description Reference
----------- ---------
1. The rates for the transport and The rates in Appendix C of this
termination of local traffic. Agreement will apply.
2. The rates for unbundled network The rates in Appendix F of this
elements. Agreement will apply.
46B-1