Interconnection Agreement - Southwestern Bell Telephone Co. and Birch Telecom of Misouri Inc.
INDEX
Main Agreement ..................................................... 1
Appendix UNE & Price List .......................................... 2
Appendix OSS-UNE ................................................... 3
Appendix 911 ....................................................... 4
Appendix BCR ....................................................... 5
Appendix CH ........................................................ 6
Appendix DCO ....................................................... 7
Appendix FGA ....................................................... 8
Appendix Host ...................................................... 9
Appendix ITR ....................................................... 10
Appendix MAP ....................................................... 11
Appendix NIM ....................................................... 12
Appendix Port ...................................................... 13
Appendix Recording ................................................. 14
Appendix TP ........................................................ 15
Appendix Wireless .................................................. 16
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TABLE OF CONTENTS
1.0 DEFINITIONS ............................................................................................. 2
2.0 INTERPRETATION AND CONSTRUCTION ......................................................................... 6
3.0 IMPLEMENTATION SCHEDULE AND INTERCONNECTION ACTIVATION DATES ............................................ 6
4.0 INTERCONNECTION PURSUANT TO SECTION 251(c)(2) ........................................................... 7
4.1 Scope .......................................................................................... 7
4.2 Interconnection Coverage ....................................................................... 7
4.3 Methods for Interconnection .................................................................... 8
4.4 Physical Architecture .......................................................................... 9
4.5 Technical Specifications ....................................................................... 10
4.6 Interconnection in Additional Metropolitan Exchange Areas ...................................... 10
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT TO SECTION 251(c)(2) ........... 11
5.1 Scope of Traffic ............................................................................... 11
5.2 Responsibilities of the Parties ................................................................ 12
5.3 Reciprocal Compensation for Termination of Local Traffic ....................................... 12
5.4 Reciprocal Compensation for Transit Traffic .................................................... 13
5.5 Reciprocal Compensation for Termination of IntraLATA Interexchange Traffic ..................... 14
5.6 Compensation for Origination and Termination of Switched Access Service Traffic
to or From an IXC (Meet-Point Billing (MPB) Arrangements) ...................................... 15
5.7 Billing Arrangements for Compensation for Termination of IntraLATA, Local, Transit,
and Optional Calling Area Traffic .............................................................. 17
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5.8 Compensation for "Porting" Optional Calling Area Numbers ....................................... 18
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT
TO 251(c)(2) ............................................................................................ 18
6.1 Scope of Traffic ............................................................................... 18
6.2 Trunk Group Architecture Traffic Routing ....................................................... 18
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC ..................................................... 18
7.1 Information Services Traffic ................................................................... 18
7.2 Line Status Verification (LSV)/Busy Line Interrupt (BLI) Traffic ............................... 19
7.3 Wireless Traffic ............................................................................... 19
8.0 SIGNALING ............................................................................................... 19
9.0 NUMBERING ............................................................................................... 20
10.0 RESALE -- SECTIONS 251(B)1); 251(c)(4); 252(d)(3); and 271(c)(2)(B)(xiv) ................................ 21
11.0 UNBUNDLED NETWORK ELEMENTS - SECTIONS 251(c)(3), 271(c)(2)(B) (ii),(iv),(v),(vi),(x) .................... 21
12.0 NOTICE OF CHANGES -- SECTION 251(c)(5) .................................................................. 22
13.0 COLLOCATION -- SECTION 251(c)(6) ........................................................................ 22
14.0 NUMBER PORTABILITY -- SECTIONS 251(b)(2) and 271(c)(2)(B)(xi)...... ..................................... 22
15.0 DIALING PARITY -- SECTION 251(b)(3); 271(c)(2)(B)(xii); and 271(e)(2) ................................... 23
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4) and 271(c)(2)(B)(iii) ...................................... 23
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17.0 DATABASE ACCESS -- SECTION 271(c)(2)(B)(x) ............................................................. 23
18.0 INTERCEPT REFERRAL ANNOUNCEMENTS ........................................................................ 23
19.0 COORDINATED REPAIR CALLS ................................................................................ 24
20.0 OTHER SERVICES 271(c)(B)(2)(vii) and 271(c)(2)(B)(viii) ................................................. 24
20.1 White Pages .................................................................................... 24
20.2 Calling Name Information ....................................................................... 24
20.3 Billing/Collecting/Remitting ................................................................... 25
20.4 911/E911 Service ............................................................................... 25
20.5 Directory Assistance (DA) ...................................................................... 25
20.6 Direct Access (DIRECT) ......................................................................... 25
20.7 Operator Services .............................................................................. 25
20.8 Clearinghouse Services ......................................................................... 25
20.9 Hosting ........................................................................................ 25
20.10 Signaling System 7 Interconnection ............................................................. 25
21.0 GENERAL RESPONSIBILITIES OF THE PARTIES ................................................................. 25
22.0 EFFECTIVE DATE, TERM, AND TERMINATION ................................................................... 27
23.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES ............................................................ 28
24.0 CHANGES IN END USER LOCAL EXCHANGE SERVICE PROVIDER SELECTION ........................................... 28
25.0 SEVERABILITY ............................................................................................ 29
26.0 INTELLECTUAL PROPERTY ................................................................................... 29
27.0 INDEMNIFICATION ......................................................................................... 29
28.0 LIMITATION OF LIABILITY ................................................................................. 32
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29.0 LIQUIDATED DAMAGES FOR SPECIFIED ACTIVITIES ............................................................. 32
29.1 Certain Definitions ............................................................................ 32
29.2 Specified Performance Breach ................................................................... 33
29.3 Liquidated Damages ............................................................................. 33
29.4 Limitations .................................................................................... 34
29.5 Sole Remedy .................................................................................... 34
29.6 Records ........................................................................................ 34
30.0 REGULATORY APPROVAL ..................................................................................... 34
31.0 MISCELLANEOUS ........................................................................................... 35
31.1 Authorization .................................................................................. 35
31.2 Compliance and Certification ................................................................... 35
31.3 Law Enforcement ................................................................................ 35
31.4 Independent Contractor ......................................................................... 36
31.5 Force Majeure .................................................................................. 36
31.6 Confidentiality ................................................................................ 37
31.7 Governing Law .................................................................................. 38
31.8 Taxes .......................................................................................... 39
31.9 Non-Assignment ................................................................................. 41
31.10 Non-Waiver ..................................................................................... 41
31.11 Audits ......................................................................................... 41
31.12 Disputed Amounts ............................................................................... 42
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31.13 Disputed Resolutions ........................................................................... 43
31.14 Notices ........................................................................................ 43
31.15 Publicity and Use of Trademarks or Service Marks ............................................... 43
31.16 Section 252(i) Obligations ..................................................................... 44
31.17 Joint Work Product ............................................................................. 44
31.18 Intervening Law ................................................................................ 45
31.19 No Third Party Beneficiaries; Disclaimer of Agency ............................................. 45
31.20 No License ..................................................................................... 45
31.21 Survival ....................................................................................... 45
31.23 Scope of Agreement ............................................................................. 45
31.24 Entire Agreement ............................................................................... 46
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS
ACT OF 1996
BY AND BETWEEN
SOUTHWESTERN BELL TELEPHONE COMPANY
AND
BIRCH TELECOM OF MISSOURI, INC.
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS
ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 ("Agreement"), is by and between Southwestern
Bell Telephone Company, a Missouri Corporation ("SWBT"), and Birch Telecom of
Missouri, Inc. ("Birch"), a Delaware Corporation.
WHEREAS, the Parties want to interconnect their networks at mutually
agreed upon points of interconnection to provide, directly or indirectly,
Telephone Exchange Services and Exchange Access to residential and business end
users predominantly over their respective telephone exchange service facilities
in Missouri; and
WHEREAS, the Parties are entering into this Agreement to set forth the
respective obligations of the Parties and the terms and conditions under which
the Parties will interconnect their networks and provide other services as
required by the Telecommunications Act of 1996 ("the Act") and additional
services as set forth herein; and
WHEREAS, for purposes of this Agreement, the Parties intend to operate
where SWBT is the incumbent local exchange carrier and Birch, a competitive
local exchange carrier, is certified by the Missouri Public Service Commission,
as required.
NOW, THEREFORE, Birch and SWBT hereby agree as follows:
1.0 DEFINITIONS
1.1 "Act" means the Communications Act of 1934 [47 U.S.C. 151 et seq.],
as amended by the Telecommunications Act of 1996.
1.2 "Affiliate" is as defined in the Act.
1.3 "Automatic Number Identification" or "ANI" is a switching system
feature that forwards the telephone number of the calling party and is used for
screening, routing and billing purposes.
1.4 "Busy Line Interrupt" or "BLI" is performed when one Party's
operator bureau interrupts a telephone number in progress after Line Status
Verification has occurred. The operator bureau will interrupt the busy line and
inform the called party that there is a call waiting.
1.5 "Calling Party Number" or "CPN" is a feature of signaling system 7
(SS7) protocol whereby the ten (10) digit number of the calling party is
forwarded from the end office.
1.6 "Central Office Switch" means a single switching system within the
public
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
switched telecommunications network, including the following:
(i) "End Office Switches" which are Class 5
switches where end user Exchange Services
are directly connected and offered; and
(ii) "Tandem Office Switches" or "Tandems" which
are Class 4 switches used to connect and
switch trunk circuits between Central Office
Switches.
Central Office Switches may be employed as combination End Office/Tandem Office
switches (combination Class 5/Class 4).
1.7 "CLASS Features" mean certain CCS-based features available to end
users including, but not limited to: Automatic Call Back; Call Trace; Caller
Identification and related blocking features; Distinctive Ringing/Call Waiting;
Selective Call Forward; and Selective Call Rejection.
1.8 "Collocation" means an arrangement whereby one Party's (the
"Collocating Party") facilities are terminated in its equipment necessary for
Interconnection or for access to Network Elements on an unbundled basis which
has been installed and maintained at the premises of a second Party (the
"Housing Party"). Collocation may be "physical" or "virtual." In "Physical
Collocation," the Collocating Party installs and maintains its own equipment in
the Housing Party's premises. In "Virtual Collocation," the Housing Party
installs and maintains the collocated equipment in the Housing Party's premises.
Collocation includes, but is not limited to, collocation of 38 GHz basic
transmission equipment, provided it complies with the guidelines in SWBT's
current Physical Collocation Technical Publication as of the date of this
Agreement provided to Birch.
1.9 "Commission" means the Missouri Public Service Commission.
1.10 "Common Channel Signaling" or "CCS" is a special network, fully
separate from the transmission path of the public switched network, that
digitally transmits call set-up and network control data. Unless otherwise
agreed by the Parties, the CCS used by the Parties shall be SS7.
1.11 "Cross Connect" means the unbundled network element cross connect
rate element which is used to designate connection between: i) the SWBT
distribution frame and an unbundled network element component, or ii) two
unbundled network element components, or iii) the SWBT distribution frame and
the tie cable termination point for a Birch collocation.
1.12 "Dialing Parity" is as defined in the Act. As used in this
Agreement, Dialing Parity refers to both Local Dialing Parity and Toll Dialing
Parity.
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
1.13 "Digital Signal Level" means one of several transmission rates in
the time-division multiplex hierarchy.
1.14 "Digital Signal Level 0" or "DS0" means the 64 Kbps zero-level
signal in the time-division multiplex hierarchy.
1.15 "Digital Signal Level 1" or "DS1" means the 1.544 Mbps first-level
signal in the time-division multiplex hierarchy. In the time-division
multiplexing hierarchy of the telephone network, DS1 is the initial level of
multiplexing.
1.16 "Digital Signal Level 3" or "DS3" means the 44.736 Mbps
third-level signal in the time-division multiplex hierarchy. In the
time-division multiplexing hierarchy of the telephone network, DS3 is defined as
the third level of multiplexing.
1.17 "End User" means a third-party residence or business, that
subscribes to Telecommunications Services provided by either of the Parties, or
by another telecommunications service provider.
1.18 "Exchange Access" is as defined in the Act.
1.19 "Exchange Message Record" or "EMR" means the standard used for
exchange of Telecommunications message information among Telecommunications
Carriers for billable, non-billable, sample, settlement and study data. EMR
format is contained in Bellcore Practice BR-010-200-010 CRIS Exchange Message
Record.
1.20 "Fiber-Meet" means an Interconnection architecture method whereby
the Parties physically interconnect their networks via an optical fiber
interface (as opposed to an electrical interface) at a mutually agreed upon
location.
1.21 "Interconnection" is as described in the Act and refers to the
connection of separate pieces of equipment, facilities, or platforms between or
within networks for the purpose of transmission and routing of Telephone
Exchange Service traffic and Exchange Access traffic.
1.22 "Interconnection Activation Date" is the date that the
construction of the joint facility Interconnection arrangement has been
completed, trunk groups have been established, and joint trunk testing is
completed.
1.23 "Interexchange Carrier" or "IXC" means a carrier that provides,
directly or indirectly, interLATA or intraLATA Telephone Toll Services. For
purposes of Section 6.0 of this Agreement, the term "IXC" includes any entity
which purchases FGB or FGD Switched Exchange Access Service in order to
originate or terminate traffic to/from Birch's end users.
1.24 "IntraLATA Toll Traffic" means those intraLATA station calls that
are not defined as Local Traffic in this Agreement.
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
1.25 "Line Status Verification" or "LSV" or "Busy Line Verify" or "BLV"
is performed when one Party's end user requests assistance from the operator
bureau to determine if the called line of the other Party is in use.
1.26 "Local Traffic," for purposes of intercompany compensation, is if
(i) the call originates and terminates in the same SWBT exchange area; or (ii)
originates and terminates within different SWBT Exchanges that share a common
mandatory local calling area, e.g., mandatory Extended Area Service (EAS),
mandatory Extended Local Calling Service (ELCS), or other like types of
mandatory expanded local calling scopes.
1.27 "Losses" means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments and
settlements), injuries, liabilities and expenses (including attorneys' fees).
1.28 "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 access services provided to an IXC
by two or more LECs, or by one LEC in two or more states within a single LATA.
The latest release is issue No. 5, dated June 1994.
1.29 "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 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, establishes methods for processing orders for access service which
is to be provided to an IXC by two or more telecommunications providers. The
latest release is issue No. 3, dated February 1996.
1.30 "Meet-Point Billing" or "MPB" refers to a billing arrangement
whereby two or more Telecommunications Carriers jointly provide for switched
access service to an IXC, with each LEC receiving an appropriate share of its
switched access revenues as defined by its effective access tariffs.
1.31 "Metropolitan Exchange Area" means a geographical area defined in
SWBT current tariffs effective as a metropolitan exchange local calling area.
For example, Dallas, Ft. Worth, Houston, Little Rock, Oklahoma City, St. Louis
and Austin would be examples of Metropolitan Exchange Areas.
1.32 "Bona Fide Request" means the process described in Appendix UNE
that is attached hereto and incorporated herein and that is described in Section
4.36 that prescribes the
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
terms and conditions relating to a Party's request that the other Party provide
a Network Element or a form of interconnection not otherwise provided for in
this Agreement.
1.33 "Switched Exchange Access Service" means the offering of
transmission or switching services to Telecommunications Carriers for the
purpose of the origination or termination of Telephone Toll Service. Switched
Exchange Access Services include, but are not necessarily limited to: Feature
Group A, Feature Group B, Feature Group D, 800/888 access, and 900 access and
their successors or similar Switched Exchange Access services.
1.34 "Synchronous Optical Network" or "SONET" means an optical
interface standard that allows inter-networking of transmission products from
multiple vendors. The base rate is 51.84 Mbps (OC-1/STS-1) and higher rates are
direct multiples of the base rate, up to 13.22 Gpbs.
1.35 "Telephone Exchange Service" is as defined in the Act.
1.36 "Wire Center" means an occupied structure or portion thereof in
which a Party has the exclusive right of occupancy and which serves as a Routing
Point for Switched Exchange Access Service.
2.0 INTERPRETATION AND CONSTRUCTION
All references to Sections, Exhibits, Schedules, and Appendices shall
be deemed to be references to Sections of, and Exhibits, Schedules, and
Appendices to, this Agreement unless the context shall otherwise require. The
headings of the Sections are inserted for convenience of reference only and are
not intended to be a part of or to affect the meaning or interpretation of this
Agreement. Unless the context shall otherwise require, any reference to any
agreement, other instrument (including SWBT or other third party offerings,
guides or practices), statute, regulation, rule or tariff is to such agreement,
instrument, statute, regulation, rule or tariff as amended and supplemented from
time to time (and, in the case of a statute, regulation, rule or tariff, to any
successor provision). In the event of a conflict or discrepancy between the
provisions of this Agreement or the definitions contained herein and the Act, as
from time to time interpreted in the rules, as effective, the provisions and
definitions of the Act or such rules and regulations shall govern.
3.0 IMPLEMENTATION SCHEDULE AND INTERCONNECTION ACTIVATION DATES
Subject to the terms and conditions of this Agreement, Interconnection
of the Parties' facilities and equipment pursuant to Sections 4.0, 5.0 and 6.0
for the transmission and routing of Telephone Exchange Service traffic and
Exchange Access traffic shall be established on or before the corresponding
"Interconnection Activation Date" shown for each such Metropolitan Exchange Area
on Appendix DCO attached hereto and incorporated by reference. Appendix DCO may
be revised and supplemented from time to time upon the mutual agreement of the
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
Parties to reflect the Interconnection of additional Metropolitan Exchange Areas
pursuant to Section 4.6 by modifying or updating Appendix DCO.
4.0 INTERCONNECTION PURSUANT TO SECTION 251(C)(2)(A),(B),(C); 47
CFR SECTION 51.305(a)(1)
4.1 SCOPE
This Section 4.0 describes the physical architecture for
Interconnection of the Parties' facilities and equipment for the transmission
and routing of Telephone Exchange Service traffic and Exchange Access traffic
pursuant to Section 251(c)(2) of the Act. Such Interconnections shall be equal
in quality to that provided by the Parties to themselves or to any subsidiary,
affiliate or Third Party, provided however, that nothing contained in this
Section shall be construed as limiting the duties otherwise imposed by Section
29. Appendix ITR attached hereto and incorporated by reference prescribes the
specific trunk groups (and traffic routing parameters) which will be configured
over the physical connections described in this Section 4.0 to provide the
facilities for the transmission and routing of Telephone Exchange Service
traffic (as described in Section 5.0), Exchange Access traffic (as described in
Section 6.0), LSV/BLI traffic (as described in sub-section 7.2).
4.2 INTERCONNECTION COVERAGE SECTION 251(c)(2)(B) AND (C), 47
CFR SECTION51.305(A)(2)
The Parties shall provide for interoperation of their networks that is
at least equal in quality to that provided by SWBT to itself or to any
subsidiary, affiliate, or any other party to which SWBT provides interconnection
and shall interconnect at any technically feasible point in their network as
stated below:
4.2.1. Birch shall interconnect with SWBT's facilities as follows:
a. In each SWBT exchange area in which Birch chooses to
offer local exchange service, Birch, at a minimum,
will interconnect its network facilities to: (a) a
SWBT access tandem(s), and (b) to either each SWBT
local tandem(s) or each SWBT end office(s) ("EO")
subtending that local tandem(s); or as the Parties
may otherwise agree. SWBT EOs and tandems through
which Birch will terminate its traffic will be called
SWBT Interconnection Wire Centers and are identified
in Appendix DCO. As Birch initiates Exchange Service
operations in additional SWBT exchange areas, SWBT
and Birch shall agree upon additional SWBT
Interconnection Wire Centers in each new exchange
area. Birch agrees that if SWBT establishes
additional tandems in an exchange area within which
Birch offers local exchange service, Birch will
interconnect to the additional tandems.
b. Interconnection to a SWBT local tandem(s) will
provide Birch local
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
access to the SWBT end offices and NXXs which subtend
that tandem(s), and to other Local Exchange Carriers
("LECs") (subject to sub-section 5.4) which are
connected to that tandem(s). Interconnection to SWBT
EO(s) will provide Birch access only to the NXXs
served by that individual EO(s) to which Birch
interconnects.
c. Interconnection to a SWBT access tandem will provide
Birch interexchange access to SWBT, IXCs, LECs and
CRMS providers (subject to sub-section 7.3) which are
connected to that tandem. Where an access tandem also
provides local tandem functions, interconnection to a
SWBT access tandem serving that exchange will also
provide Birch access to SWBT's EOs with the same
functionality described in (b) above.
d. Where Birch requires ancillary services (e.g.,
Directory Assistance, Operator Assistance, E911/911)
additional interconnection to SWBT's Interconnection
Wire Center(s) or special trunking will be required for
interconnection to such ancillary services.
4.2.2. SWBT shall interconnect with Birch's facilities under terms and
conditions no less favorable than those identified in sub-section 4.2.1, above.
4.3 METHODS FOR INTERCONNECTION
Where the Parties interconnect, for the purpose of exchanging traffic
between networks, the Parties may use the following interconnection methods for
each Tandem and End Office identified in Appendix DCO making use of facilities
they own or lease from a third party or SWBT.
4.3.1 Physical Collocation Interconnection ("PCI") - Where
Birch provides fiber cable and connects to its equipment located in the SWBT
Wire Center. Birch owns and maintains Birch's equipment.
4.3.2 Virtual Collocation Interconnection ("VCI") - Where
Birch provides fiber cable to SWBT for connection to Birch-designated basic
transmission equipment dedicated solely for Birch's use, located in the SWBT
Interconnection Wire Center. SWBT owns and maintains the basic transmission
equipment at the SWBT Interconnection Wire Center. This option shall be
consistent with the terms of SWBT's virtual collocation tariff.
4.3.3 SONET-Based Interconnection ("SBI") - Where Birch
provides fiber cable to SWBT for connection to SWBT-designated basic
transmission equipment located at the SWBT Interconnection Wire Center and
dedicated solely for Birch's use. SWBT owns and maintains the basic transmission
equipment. This option shall be consistent with SWBT's SBI tariff.
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
4.3.4 Leased Facility Interconnection ("LFI") - Where
facilities exist, either Party may lease facilities from the other Party.
4.3.5 Mid-span Fiber Interconnection ("NIM") - Where the
Parties agree to interconnect through SONET technology, using a Fujitsu
originating line terminating multiplexer fiber optic terminal ("FOT") details of
this architecture are addressed in Appendix NIM attached hereto and incorporated
by reference. This interconnection arrangement is limited to interconnecting
trunks.
4.3.6 Other interconnection methods, as negotiated by the
parties, which interconnect Birch's and SWBT's networks (1) for the transmission
and routing of telephone exchange traffic, exchange access traffic, or both; (2)
at any technically feasible point within SWBT's network including: (i) the
line-side of a local switch; (ii) the trunk-side of a local switch, (iii) the
trunk interconnection points for a tandem switch; (iv) central office
cross-connect points; (v) out-of-band signaling transfer points necessary to
exchange traffic at these points and access call related databases, and (vi) the
points of access to unbundled network elements; (3) that is a level of quality
that is equal to that which SWBT provides itself, a subsidiary, an affiliate, or
any other party. If Birch requests, and to the extent technically feasible, SWBT
shall negotiate interconnection that is superior or lesser in quality to that
provided by SWBT to itself or any subsidiary, affiliate, or any other party to
which the incumbent LEC provides interconnection. Birch may also request
additional interconnection methods through the Bona Fide Request process as
described in Appendix UNE.
4.4 PHYSICAL ARCHITECTURE. Using one or more of the Interconnection
Methods described in Section 4.3 above, the Parties will agree on a physical
architecture plan. This plan will be documented within Appendix DCO. The Parties
agree to deploy one physical architecture plan per Metropolitan Serving Area.
The two architecture arrangements, End Point Meet and Mid-Point Meet, are
discussed below. Additional physical architectures, as yet undefined, may evolve
during the term of this Agreement. These future as yet undefined architectures
can be deployed if mutually agreed upon or secured through the Bona Fide Request
process.
4.4.1 End Point Meet. Using the "End Point Meet" architecture,
the Parties will establish transport facilities from their own Central Office(s)
to the other party's Central Office(s) utilizing any method of interconnection
described in Section 4.3 above. Unless otherwise mutually agreed upon, each
Party will use its own transport facilities to provide its trunking as set forth
in Appendix ITR. Each Party will be responsible for the appropriate sizing,
operation, and maintenance of its own transport facilities. If initially
deployed as an End Point Architecture, the deployment architecture may be
migrated or groomed, upon mutual agreement, to a Mid-Point Meet architecture.
4.4.2 Mid-Point Meet. Using the Mid-Point Meet architecture,
the Parties will agree upon a Point of Interconnection (POI). The POI functions
as a demarcation point for each Party. Each Party is responsible to transport
all trunking to its side of the POI utilizing any
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
method of interconnection described in Section 4.3 above. Each Party is
responsible for the appropriate sizing, operation, and maintenance of the
transport facility and trunking to the POI.
4.4.2.1 A second POI can be established to eliminate
a "single point of failure" when mutually agreed upon. The establishment of the
second POI should not require additional or increased trunking or facilities of
either Party. Trunking from the initial POI will be groomed or augmented to the
second POI upon mutual agreement.
4.4.2.2 When required, based on guidelines
established pursuant to Appendix ITR, either Party may trunk directly to the
other Party's EO. If the Party is virtually or physically collocated to the EO,
then that collocation will be designated a POI. This collocation will be used
for the transport of direct EO trunking, in addition to other uses. The
collocated Party is responsible for the appropriate sizing, operation, and
maintenance of the transport facility. In the instance where the Party is not
collocated, the EO trunk group will be handed off at the original POI and both
Parties will be responsible for the transport facility on their side of that
POI.
4.4.2.3 Unless otherwise mutually agreed upon, when
Mid-Point Meet architecture has been deployed, it will remain as the
architecture of choice during the term of this Agreement.
4.5 TECHNICAL SPECIFICATIONS
4.5.1 Birch and SWBT shall work cooperatively to install and
maintain a reliable network. Birch and SWBT shall exchange appropriate
information (e.g., maintenance contact numbers, network information, information
required to comply with law enforcement and other security agencies of the
Government and such other information as the Parties shall mutually agree) to
achieve this desired reliability.
4.5.2 Birch and SWBT shall work cooperatively to apply sound
network management principles by invoking network management controls to
alleviate or to prevent congestion.
4.5.3 Technical Publications describe the practices,
procedures, specifications and interfaces generally utilized by SWBT, are listed
in Appendix TP attached hereto and incorporated by reference. Appendix TP will
herein assist the Parties in meeting their respective Interconnection
responsibilities. Copies of the publications listed in Appendix TP have been or
shall be provided to Birch by SWBT.
4.6 INTERCONNECTION IN ADDITIONAL METROPOLITAN EXCHANGE AREAS
4.6.1 If Birch decides to offer Telephone Exchange Services in
any Metropolitan Exchange and Areas in which SWBT also offers Telephone Exchange
Services, Birch shall provide written notice to SWBT of the need to establish
Interconnection in such
<PAGE> 17
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
Metropolitan Exchange Areas pursuant to this Agreement.
4.6.2 The notice provided in Section 4.6.1 shall include: (i)
the initial Routing Point Birch has designated in the Metropolitan Exchange
Area; (ii) Birch's requested Interconnection Activation Date; and (iii) a
non-binding forecast of Birch's trunking requirements.
4.6.3 Unless otherwise agreed by the Parties, the Parties
shall designate the Wire Center that Birch has identified as its initial Routing
Point in the Metropolitan Exchange Area as Birch Interconnection Wire Center
(IWC) in that Metropolitan Exchange Area and shall designate the SWBT Tandem
Office Wire Center within the Metropolitan Exchange Area nearest to the IWC (as
measured in airline miles utilizing the V&H coordinates method) as the SWBT
Interconnection Wire Center (SIWC) in that Metropolitan Exchange Area.
4.6.4 Unless otherwise agreed by the Parties, the
Interconnection Activation Date in each new Metropolitan Exchange Area shall be
the one-hundred and fiftieth (150th) day following the date on which Birch
delivered notice to SWBT of the need to establish Interconnection pursuant to
Section 4.6.1 above. Within ten (10) business days of SWBT's receipt of Birch's
notice, SWBT and Birch shall confirm their respective Wire Centers to be
Interconnected and the Interconnection Activation Date for the new Metropolitan
Exchange Area by attaching a supplementary schedule to Appendix DCO.
5.0 TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT
TO SECTION 251(c)(2)(D); 252(d)(1) AND (2); 47 CFR SECTION 51.305(a)(5)
5.1 SCOPE OF TRAFFIC
This Section 5.0 prescribes parameters for Traffic Exchange trunk
groups the Parties shall establish over the Interconnections specified in
Section 4.0. The Parties shall allow for the Traffic Exchange trunk groups
specified in this Section 5.0 and in Appendix ITR for the transmission and
routing of all Local and IntraLATA Toll Traffic between the Parties' respective
Telephone Exchange Service end users.
5.1.1 For purposes of compensation under this Agreement, the
telecommunications traffic traded between Birch and SWBT will be classified as
either Local Traffic, Transit Traffic, Optional Calling Area Traffic), IntraLATA
Interexchange Traffic, InterLATA Interexchange Traffic, or FGA Traffic. The
compensation arrangement for the joint provision of Feature Group A (FGA)
Services is covered in Appendix FGA, attached hereto and incorporated herein by
reference. The Parties agree that, notwithstanding the classification of traffic
under this Agreement, either Party is free to define its own "local" calling
area(s) for purposes of its provision of Telecommunications Services to its end
users.
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SWBT/Birch
5.1.2 Calls originated by one Party's end user and terminated
to the other Party's end user will be classified as "Local Traffic" under this
Agreement if the call: (i) originates and terminates in the same SWBT exchange
area; or (ii) originates and terminates within different SWBT Exchanges that
share a common mandatory local calling area, e.g., mandatory Extended Area
Service (EAS), mandatory Extended Local Calling Service (ELCS), or other like
types of mandatory expanded local calling scopes.
THE PARTIES DISAGREE AS TO WHETHER RECIPROCAL COMPENSATION SHOULD APPLY TO ISP
TRAFFIC AND WHAT LANGUAGE, IF ANY, SHOULD ADDRESS THAT ISSUE.
5.2 RESPONSIBILITIES OF THE PARTIES
5.2.1 Each Party to this Agreement will be responsible for the
accuracy and quality of its data as submitted to the respective Parties
involved.
5.2.2 Each Party will include in the information transmitted
to the other for each call being terminated on the other's network (where
available), the originating Calling Party Number (CPN).
5.2.3 If the percentage of calls passed with CPN is greater
than ninety percent (90%), all calls exchanged without CPN information will be
billed as either Local Traffic or IntraLATA Toll Traffic in direct proportion to
the minutes of use (MOU) of calls exchanged with CPN information. If the
percentage of calls passed with CPN is less than ninety percent (90%), the
Parties shall meet to ascertain the source of the problem and correct it. The
Parties shall work together to rate correctly all calls passed without CPN.
Where CPN is not passed and no valid technical reason exists for the failure to
pass CPN, the Parties will bill switched access.
5.2.4 The type of originating calling number transmitted
depends on the protocol of the trunk signaling used for interconnection.
Traditional toll protocol will be used with Multi-Frequency (MF) signaling, and
ANI will be sent from the originating Party's end office switch to the
terminating Party's tandem or end office switch.
5.2.5 Where one Party is passing CPN but the other party is
not properly receiving information, the Parties will cooperate to rate the
traffic correctly.
5.3 RECIPROCAL COMPENSATION FOR TERMINATION OF LOCAL TRAFFIC
5.3.1 The Compensation set forth below will apply to all Local
Traffic as defined in sub-section 5.1.2 of this Agreement.
5.3.2 Applicability of Rates
i) The rates, terms, conditions in this Section
5.3 apply only to the termination of Local
Traffic, except as explicitly noted.
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
ii) The Parties agree to compensate each other
for the termination of Local Traffic on a
minute of use (MOU) basis.
5.3.3 Rate Elements
5.3.3.1 A Tandem Served rate element is applicable to
Tandem Routed Local Traffic on a terminating local MOU basis and includes
compensation for the following sub-elements:
i) Tandem Switching - compensation for the
use of tandem switching functions.
ii) Tandem Transport - compensation for
the transmission facilities between the
local tandem and the end offices
subtending that tandem.
iii) End Office Switching - compensation
for the local EO office switching and line
termination functions necessary to
complete the transmission.
5.3.3.2 An End Office Served rate element applies to
direct-routed Local Traffic on a terminating local MOU basis and includes
compensation for End Office Switching. This includes direct-routed Local Traffic
that terminates to offices that have combined tandem and End Office functions.
5.3.4 Local Traffic Interconnection Rates
Serving Method Prices Per MOU
-------------- --------------
Tandem Served $.00975
End Office Served $.00720
5.4 RECIPROCAL COMPENSATION FOR TRANSIT TRAFFIC
5.4.1 Transit Traffic allows one Party to send traffic to a
third party network through the other Party's tandem. A Transit Traffic rate
element applies to all MOUs between a Party and third party networks that
transit the other Party's tandem switch. The originating Party is responsible
for the appropriate rates unless otherwise specified. The Transit Traffic rate
element is only applicable when calls do not originate with (or terminate to)
the transit Party's end user. The two categories of Transit Traffic are: i)
Local, and ii) Optional Area. The following details when each element applies:
i) The Local Transit Traffic rate element
applies when both the
<PAGE> 20
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
originating and terminating end users are
within SWBT local and mandatory exchanges.
ii) The Optional Area Transit Traffic rate
element applies when one end user is in a
SWBT optional exchange which is listed in
Appendix Map and the other end user is within
the SWBT local or mandatory exchanges. The
Parties agree also to apply the Optional Area
Transit rate to traffic terminating to third
party incumbent LECs that share a common
mandatory local calling area with all SWBT
exchanges included in a specific metropolitan
exchange area. ILEC mandatory exchanges are
listed in Appendix Map.
5.4.1.1 The Parties acknowledge that traffic
originated in third party incumbent LEC mandatory exchange areas as
listed in Appendix Map, which is attached hereto and incorporated by
reference, may traverse the SWBT tandem and terminate in other third
party LEC exchange areas. Although direct connections could be used for
this traffic, SWBT agrees to transit this traffic for the rate of
$0.006 per MOU if the other LEC exchanges share a common mandatory
local calling area with all SWBT exchanges included in a specific
exchange area.
Type of Transit Traffic Prices Per MOU
----------------------- --------------
Local Transit $0.003
Optional Area Transit $0.004
5.4.2 All other traffic which transits a tandem shall be
treated as Meet-Point Billing Traffic as described in Section 5.6 below or as
intraLATA interexchange traffic as described in Section 5.5.3 below, unless
otherwise agreed.
5.4.3 If transit traffic is passed by Birch without authority
from a third party, SWBT shall transit such traffic and Birch shall be
responsible for reimbursing SWBT for any terminating compensation SWBT may be
required to pay as a result of transiting such traffic. Birch shall indemnify
SWBT for such terminating compensation. Traffic originated by a third party and
transiting SWBT's network shall be terminated to Birch and Birch shall be
responsible for obtaining compensation from such third party, at its discretion.
<PAGE> 21
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SWBT/Birch
5.5 RECIPROCAL COMPENSATION FOR TERMINATION OF INTRALATA
INTEREXCHANGE TRAFFIC
5.5.1 Optional Calling Area Compensation (OCA) - For the SWBT
optional calling areas listed in Appendix Map, the compensation for termination
of intercompany traffic will be at a rate of $0.0160 per MOU. This terminating
compensation rate applies to all traffic to and from the exchange(s) listed in
Appendix Map, and the associated metropolitan area. This rate is independent of
any retail service arrangement established by either Party.
5.5.2 The Parties also agree to apply the OCA compensation
rate $0.0160 per MOU for traffic terminating to Birch end users in other
incumbent LEC exchange that share a common mandatory local calling area with all
SWBT exchanges that are included in the metropolitan exchange area. Appendix Map
lists the shared mandatory local calling areas. This rate is independent of any
retail service arrangement established by either Party to their respective end
users.
5.5.3 For intrastate intraLATA interexchange service traffic,
compensation for termination of intercompany traffic will be at terminating
access rates for Message Telephone Service (MTS) and originating access rates
for 800 Service, including the Carrier Common Line (CCL) charge, as set forth in
each Party's Intrastate Access Service Tariff. For interstate intraLATA
intercompany service traffic, compensation for termination of intercompany
traffic will be at terminating access rates for MTS and originating access rates
for 800 Service including the CCL charge, as set forth in each Party's
interstate Access Service Tariff.
5.6 COMPENSATION FOR ORIGINATION AND TERMINATION OF SWITCHED
ACCESS SERVICE TRAFFIC TO OR FROM AN IXC (MEET-POINT BILLING
(MPB) ARRANGEMENTS)
5.6.1 For interLATA traffic and for intraLATA traffic (e.g.
dial around) to or from an IXC, compensation will be at access rates as set
forth in each Party's own applicable access tariffs.
5.6.2 The Parties will establish MPB arrangements in order to
provide Switched Access Services to IXCs via SWBT's access tandem switch in
accordance with the MPB guidelines adopted by and contained in the Ordering and
Billing Forum's MECOD and MECAB documents. Birch's Meet Points with SWBT shall
be those identified in Appendix DCO and any supplements thereto.
5.6.3 Billing to IXCs for the Switched Exchange Access
Services jointly provided by the Parties via Meet-Point Billing arrangement
shall be according to the multiple bill/single tariff method. As described in
the MECAB document, each Party will render a bill in accordance with its own
tariff for that portion of the service it provides. For the purpose of this
Agreement, Birch is the Initial Billing Company (IBC) and SWBT is the Subsequent
Billing Company (SBC). The assignment of revenues, by rate element, and the
Meet-Point Billing percentages applicable to this Agreement are set forth in
Appendix DCO. The actual rate values
<PAGE> 22
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
for each element shall be the rates contained in that Party's own applicable
access tariffs.
5.6.4 The Parties will maintain provisions in their respective
federal and state access tariffs, 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.
5.6.5 As detailed in the MECAB document, the Parties will, in
accordance with accepted time intervals, exchange all information necessary to
accurately, reliably and promptly bill third Parties for Switched Access
Services traffic jointly handled by the Parties via the Meet Point Arrangement.
Each Party reserves the right to charge the other Party for the
recording/processing functions it performs pursuant to the terms and conditions
of Appendix Recording attached hereto and incorporated by reference. Information
shall be exchanged in Exchange Message Record (EMR) format, on magnetic tape or
via a mutually acceptable electronic file transfer protocol.
5.6.6 Initially, billing to IXCs for the Switched Access
Services jointly provided by the parties via the MPB arrangement will be
according to the multiple bill single tariff method, as described in the MECAB
document. Each Party will render a bill to the IXC in accordance with its own
tariff for that portion of the service it provides. Each Party will bill its own
network access service rates to the IXC. The residual interconnection charge
(RIC), if any, will be billed by the Party providing the End Office function.
5.6.7 Meet-Point Billing shall also apply to all jointly
provided MOU traffic bearing the 900, 800, and 888 NPAs or any other
non-geographic NPAs which may likewise be designated for such traffic in the
future where the responsible party is an IXC. When SWBT performs 800 database
queries, SWBT will charge the provider of the Signaling Service Point for the
database query in accordance with standard industry practices.
5.6.8 Each Party shall coordinate and exchange the billing
account reference ("BAR") and billing account cross reference ("BACR") numbers
for the Meet Point Billing service. Each Party shall notify the other if the
level of billing or other BAR/BACR elements change, resulting in a new BAR/BACR
number.
5.6.9 Each Party will provide the other with the Exchange
Access detailed usage data within thirty (30) days of the end of the billing
period. SWBT will perform assembly and editing, messages processing and
provision of Access Usage Records in accordance with Appendix Recording,
attached hereto and incorporated by reference. Each Party will provide to the
other the Exchange Access summary usage data within ten (10) working days after
the date that a bill is rendered to the IXC by the initial Party. To the extent
Birch provides SWBT with Access Usage Records, SWBT will compensate Birch on the
same terms as Birch compensates SWBT per Appendix Recording. SWBT acknowledges
that currently there is no charge for Summary Usage Data Records but that such a
charge may be appropriate. At Birch's request, SWBT will negotiate a mutual and
reciprocal charge for provision of Summary Usage Data
<PAGE> 23
GENERAL TERMS AND CONDITIONS
PAGE 22 OF 48
SWBT/Birch
Records.
5.6.10 Errors may be discovered by Birch, the IXC or SWBT.
Both SWBT and Birch agree to provide the other Party with notification of any
discovered errors within two (2) business days of the discovery.
5.6.11 In the event of a loss of data, both Parties shall
cooperate to reconstruct the lost data within sixty (60) days of notification
and if such reconstruction is not possible, shall accept a reasonable estimate
of the lost data, based upon no more than three (3) to twelve (12) months of
prior usage data, if available.
5.7 BILLING ARRANGEMENTS FOR COMPENSATION FOR TERMINATION OF
INTRALATA, LOCAL, TRANSIT, AND OPTIONAL CALLING AREA TRAFFIC
5.7.1 Other than for traffic described in sub-section 5.6
above, each Party shall deliver monthly settlement statements for terminating
the other Party's traffic based on the following:
5.7.1.1 Each Party shall, unless otherwise agreed,
adhere to the detailed technical descriptions and requirements for the
recording, record exchange, and billing of traffic using the guidelines as set
forth in the Technical Exhibit Settlement Procedures (TESP), previously provided
by SWBT to Birch. Reference to this technical publication is included in
Appendix TP.
(a) Where Birch has direct/high usage trunks to
a SWBT end office with overflow trunking
through a SWBT tandem, billing for the
Tandem Traffic will be calculated as
follows:
Total Originating MOUs Recorded By Birch
Less Direct End Office Terminating MOUs
Recorded By SWBT Equals Total MOUs To Be
Compensated As Tandem Traffic.
(b) Where Birch has direct/high usage trunks to
a third party with overflow trunking
through a SWBT tandem, Birch must
differentiate the originating MOU records
for the Parties to ascertain how many MOUs
should be compensated as Transit Traffic.
If Birch is unable to so differentiate the
originating MOU records, the Parties shall
mutually agree upon a surrogate method for
calculating Transit Traffic charges owed to
SWBT.
5.7.1.2 On a monthly basis, each Party will record
its originating MOU including identification of the originating and terminating
NXX for all intercompany calls.
5.7.1.3 Each Party will transmit the summarized
originating MOU
<PAGE> 24
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
from Section 5.7.1.1 above to the transiting and/or terminating Party for
subsequent monthly intercompany settlement billing.
5.7.1.4 Bills rendered by either Party will be paid
within thirty (30) days of receipt subject to subsequent audit verification.
5.7.1.5 MOUs for the rates contained herein will be
measured in seconds by call type, and accumulated each billing period into one
(1) minute increments for billing purposes in accordance with industry rounding
standards.
5.7.1.6 Each Party will multiply the tandem routed
and end office routed terminating MOUs by the appropriate rate contained in this
Section to determine the total monthly billing to each Party.
5.8 COMPENSATION FOR "PORTING" OPTIONAL CALLING AREA NUMBERS
In those instances where an Optional Calling Area telephone number is
ported, Birch will compensate SWBT $12.40 monthly, per ported number.
5.9 COMPENSATION FOR PORTED TRAFFIC
The Parties agree that under INP, the net terminating compensation on
calls to INP numbers will be received by each end user's chosen local service
provider as if each call to the end user had been originally addressed by the
caller to a telephone number bearing an NPA-NXX directly assigned to the end
user's chosen local service provider. In order to accomplish this objective
where INP is employed, the Parties shall utilize the process set forth below (or
other mutually developed and agreed to arrangement) whereby the net terminating
compensation on calls subject to INP will be passed from the Party (the
"Performing Party") which performs the INP to the other Party (the "Receiving
Party") for whose end user the INP is provided.
5.9.1 The Parties will treat all ported calls as two separate
call segments in the interLATA and intraLATA access billing and local
interconnection settlement billing systems.
5.9.2 The Performing Party will quantify the total monthly
terminating ported minutes of use to the Receiving Party by each Performing
Party's end office.
5.9.3 The Performing Party will quantify the total monthly
interstate, intrastate, and local minutes of use in those Performing Party's end
offices in accordance with Section 5.9.2 above in order to determine the
jurisdictional percentages. The Receiving party shall have the right to audit
those percentages, not to exceed once per quarter. The Performing Party shall
provide the Receiving Party with detailed summary reporting on a total calling
area basis each month.
5.9.4 Each month, using the percentages developed pursuant to
Section 5.9.3
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GENERAL TERMS AND CONDITIONS
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SWBT/Birch
above, the Performing Party will calculate by end office the interstate and
intrastate access adjustment amounts from the initial billing amounts under
Section 5.9.1 for subsequent payment to the Receiving party. This adjustment
will be based on the Performing Party's interstate and intrastate access rates
utilizing the applicable rate elements, i.e., carrier common line (CCL),
residual interconnection charge (RIC), local switching (LS), local transport
termination (LTT), and local transport facility (LTF).
5.9.5 Each month the Performing Party will calculate a local
interconnection settlement billing credit related to the interstate and
intrastate (non-local) ported calls from the initial billing amounts under
Section 5.9.1. The billing credit for these non-local calls will be included
with the calculation under Section 5.9.4 for subsequent reimbursement to the
Performing Party on a net payment basis by the Receiving Party.
5.9.6 Each month, the Performing Party will calculate an
Optional EAS settlement additive payable to the Receiving Party applicable to
the nontoll ported volumes remaining after the computations under Sections
5.9.3, 5.9.4, and 5.9.5. This will be based on the monthly relationship of Local
and Optional EAS volumes of nonported Traffic that the Performing Party
originates to the Receiving Party. The EAS settlement additive will be included
with the calculations under 5.9.4 for subsequent reimbursement to the Receiving
Party by the Performing Party.
5.9.7 The net terminating compensation will be reflective of
the following:
(Local Traffic times the Reciprocal Compensation
Rate) plus (Optional EAS traffic times the Optional
EAS compensation rate) plus (Intrastate Access
Traffic times SWBT's applicable intrastate access
rates) plus (Interstate Access Traffic times SWBT's
applicable interstate access rates).
6.0 TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO
251(c)(2)
6.1 SCOPE OF TRAFFIC
Section 6.0 prescribes parameters for certain trunk groups ("Access
Toll Connecting Trunks") to be established over the Interconnections specified
in Section 4.0 above, for the transmission and routing of Exchange Access
traffic between Birch Telephone Exchange Service end users and IXCs via a SWBT
access tandem.
6.2 TRUNK GROUP ARCHITECTURE AND TRAFFIC ROUTING
6.2.1 The Parties shall jointly establish Access Toll
Connecting Trunks as described in Appendix ITR, by which will jointly provide
tandem-transported Switched
<PAGE> 26
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
Exchange Access Services to IXCs to enable Birch's end users to originate and
terminate traffic to/from such IXCs.
6.2.2 Access Toll Connecting Trunks shall be used solely for
the transmission and routing of Switched Exchange Access to allow Birch end
users to originate and terminate traffic to/from any IXCs which is connected to
a SWBT Access Tandem. In addition, the trunks shall be used to allow Birch's end
users to connect to, or be connected to, the 800 Services of any
Telecommunications Carrier connected to the SWBT Access Tandem.
7.0 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC
7.1 INFORMATION SERVICES TRAFFIC
7.1.1 At such time as the Parties agree to route intraLATA
Information Services Traffic to one another, they shall agree to exchange rating
and billing information to effectively allow the Parties to bill their end users
and to charge reciprocal rates.
7.2 LINE STATUS VERIFICATION (LSV)/BUSY LINE INTERRUPT (BLI)
TRAFFIC
7.2.1 Each Party's operator bureau shall accept LSV and BLI
inquiries from the operator bureau of the other Party in order to allow
transparent provision of LSV/BLI Traffic between the Parties' networks. Only one
LSV attempt will be made per end user operator bureau call, and the applicable
charge shall apply whether or not the line is busy at the time of verification
or if the called party agrees to release the line. Only one BLI attempt will be
made per end user operator telephone call, and the applicable charge shall apply
whether or not the line is in use at the to time of interrupt or the called
party releases the line.
7.2.2 Each Party shall route LSV/BLI Traffic inquiries between
the Parties' respective operator bureaus over trunks described in Appendix ITR.
7.3 WIRELESS TRAFFIC
7.3.1 Appendix Wireless, attached hereto and incorporated by
reference sets forth the terms and conditions under which the Parties will
distribute revenue from their joint provision of Wireless Interconnection
Service for mobile to landline traffic terminating through the Parties'
respective wireline switching networks within a LATA. Appendix Wireless shall be
applicable to such traffic until one Party enters into an interconnection
agreement with a CMRS provider at which time Appendix Wireless shall no longer
be applicable between the Parties with respect to such CMRS providers. Once
SWBT's currently pending wireless interconnection tariff amendment becomes
effective Appendix Wireless shall no longer apply for any CMRS providers,
regardless of whether a Party has entered into an interconnection agreement with
any such provider. At such time, intraMTA Wireless Interconnection Service
traffic from mobile to landline destined for a third party shall be treated as
transit traffic; interMTA traffic shall be treated as toll.
<PAGE> 27
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SWBT/Birch
7.3.2 Traffic from landline to mobile where either Party
transits such traffic for the party on whose network the traffic originated
shall be treated as transit traffic under Section 5.4. The originating Party
agrees to indemnify the transiting Party for any claims of compensation that may
be made by the CMRS provider against the transiting Party regarding compensation
for such traffic.
7.3.3 When traffic is originated by either Party to a CMRS
Provider, and the traffic cannot be specifically identified as wireless traffic
for purposes of compensation between SWBT and Birch, the traffic will be rated
either as Local, Optional or Access and the appropriate compensation rate shall
be paid by the originating Party to the transiting Party.
8.0 SIGNALING
8.1 The SWBT signaling publications that describe the practices,
procedures and specifications generally utilized by SWBT for signaling purposes
are listed in Appendix TP which is attached hereto and incorporated herein. A
copy of these publications has been provided to Birch.
8.2 The Parties will cooperate on the exchange of Transactional
Capabilities Application Part (TCAP) messages to facilitate interoperability of
CCS-based features between their respective networks, including all CLASS
features and functions, to the extent each Party offers such features and
functions to its end users. All CCS signaling parameters will be provided
including, without limitation, calling party number (CPN), originating line
information (OLI), calling party category and charge number.
9.0 NUMBERING
9.1 Nothing in this Agreement shall be construed to limit or otherwise
adversely impact in any manner either Party's right to employ or to request and
be assigned any North American Numbering Plan (NANP) number resources including,
but not limited to, central office (NXX) codes pursuant to the Central Office
Code Assignment Guidelines(1), or to establish, by tariff or otherwise,
Exchanges and Rating Points corresponding to such NXX codes. Each Party is
responsible for administering the NXX codes it is assigned.
9.2 At a minimum, in those Metropolitan Exchange Areas where Birch
intends to provide local exchange service, Birch shall obtain a separate NXX
code for each SWBT exchange or group of exchanges that share a common mandatory
calling scope as defined in SWBT tariffs. This will enable Birch and SWBT to
identify the jurisdictional nature of traffic
--------
1 Last published by the Industry Numbering Committee ("INC") as INC 95-0407-008,
Revision 4/7/95, formerly ICCF 93-0729-010.
<PAGE> 28
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
for intercompany compensation until such time as both Parties have implemented
billing and routing capabilities to determine traffic jurisdiction on a basis
other than NXX codes.
9.3 Each Party agrees to make available to the other, up-to-date
listings of its own assigned NPA-NXX codes, along with associated Rating Points
and Exchanges.
9.4 To the extent SWBT serves as Central Office Code Administrator for
a given region, SWBT commits to treat Birch requests for assignment of central
office code(s) in a neutral and nondiscriminatory manner, consistent with
regulatory requirements, and (NXX) Central Office Code Assignment Guidelines.
9.5 Each Party is responsible to program and update its own switches
and network systems to recognize and route traffic to the other Party's assigned
NXX codes at all times. Neither Party shall impose fees or charges on the other
Party for such required programming and updating activities.
9.6 Each Party is responsible to input required data into the Routing
Data Base Systems (RDBS) and into the Bellcore Rating Administrative Data
Systems (BRADS) or other appropriate system(s) necessary to update the Local
Exchange Routing Guide (LERG), unless negotiated otherwise.
9.7 Upon the request of Birch, SWBT shall perform LERG input for Birch.
Birch agrees to pay SWBT the sum of $110 per NXX in exchange for SWBT's input of
required data necessary to update the Local Exchange Routing Guide (LERG) on
Birch's behalf. SWBT shall not be liable for any losses or damages arising out
of errors, defects, or failures associated with the input of Birch's data into
the LERG, except for gross negligence or willful misconduct.
9.8 Neither Party is responsible for notifying the other Parties' end
users of any changes in dialing arrangements, including those due to NPA
exhaust, unless otherwise ordered by the Commission, the FCC, or a court.
9.9 NXX Migration. Where either Party has activated an entire NXX for a
single end user, or activated more than half of an NXX for a single end user
with the remaining numbers in that NXX either reserved for future use or
otherwise unused, if such end user chooses to receive service from the other
Party, the first Party shall cooperate with the second Party to have the entire
NXX reassigned in the LERG (and associated industry databases, routing tables,
etc.) to an End Office operated by the second Party. Such transfer will require
development of a transition process to minimize impact on the Network and on the
end user(s)' service and will be subject to appropriate industry lead times
(currently forty-five (45) days) for movements of NXXs from one switch to
another. The Party to whom the NXX is migrated will pay NXX migration charges of
$10,000 per NXX to the Party formerly assigned the NXX.
10.0 RESALE -- SECTIONS 251(b)(1); 251(c)(4); AND 252(d)(3)
<PAGE> 29
GENERAL TERMS AND CONDITIONS
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SWBT/Birch
10.1 AVAILABILITY OF SWBT RETAIL TELECOMMUNICATIONS SERVICES FOR RESALE
Unless and until the Parties shall enter into a resale agreement that
will be an Appendix to this Agreement, SWBT shall offer to Birch for resale at
wholesale rates its Telecommunications Services, as described in Section
251(c)(4) of the Act, pursuant to the terms and conditions of a separate resale
agreement entered into between the Parties and filed with the Commission.
10.2 AVAILABILITY OF BIRCH RETAIL TELECOMMUNICATION SERVICES FOR RESALE
Birch shall make available its Telecommunications Services for resale
at wholesale rates to SWBT in accordance with Section 251(b)(1) of the Act.
11.0 UNBUNDLED NETWORK ELEMENTS -- SECTIONS 251(c)(3)
11.1 Pursuant to Appendix UNE, which is offered to Birch pursuant to
Section 252(i) of the Act and which is based upon the SWBT/ACSI Interconnection
Agreement, and is attached hereto and made a part hereof, SWBT will provide the
Birch access to unbundled network elements for the provision of a
telecommunication service as required by Sections 251 and 252 of the Act and in
compliance with those portions of the FCC's First Report and Order in CC Docket
No. 96-98 that are in effect, subject to any modifications on reconsideration,
stay or appeal, under the terms and conditions described herein and in the
attachments hereto. Birch agrees to provide access to network elements to SWBT
under the same terms, conditions and prices contained herein. Appendix UNE is
expressly subject to Section 31.18, in light of the July 17, 1997 opinion of the
Eighth Circuit Court of Appeals in Case No. 96-3321.
12.0 NOTICE OF CHANGES -- SECTION 251(c)(5)
Nothing in this Agreement shall limit either Party's ability to upgrade
its network through the incorporation of new equipment, new software or
otherwise. If a Party makes a change in its network which it believes will
materially affect the interoperability of its network with the other Party, the
Party making the change shall provide at least ninety (90) days advance written
notice of such change to the other Party. The Party upgrading its network shall
be solely responsible for the cost and effort of accommodating such changes in
its own network. Notwithstanding the foregoing, if either Party establishes
additional tandems in an exchange area in which the other Party offers local
exchange service, that Party will provide the other Party with not less than
one-hundred eighty (180) days' advance notification of same, and with greater
notification when practicable. Both Parties agree to coordinate interconnection
matters consistent with the requirements of the Americans with Disabilities Act
(42 U.S.C. 12101) and with Sections 255 and 256 of the Act. In addition, the
Parties will comply with the Network Disclosure rules adopted by the FCC in CC
Docket No. 96-98, Second Report and Order, as may be amended from time to time.
13.0 COLLOCATION -- SECTION 251(c)(6)
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SWBT/Birch
13.1 SWBT shall provide to Birch Physical Collocation space necessary
for Interconnection (pursuant to Section 4.0 of this Agreement) or access to
Network Elements on an unbundled basis except that SWBT may provide for Virtual
Collocation if SWBT demonstrates that Physical Collocation is not practical for
technical reasons or because of space limitations, as provided in Section
251(c)(6) of the Act. SWBT shall provide such Collocation for the purpose of
Interconnection or access to Network Elements on an unbundled basis, except as
otherwise mutually agreed to in writing by the Parties or as required by the FCC
or the appropriate Commission, subject to applicable federal and state tariffs.
13.2 Except as otherwise ordered by the Commission or the FCC, or as
mutually agreed to by Birch and SWBT, Physical Collocation shall be available at
a Central Office Switch location classified as an end office location, a serving
wire center, a tandem office location, or a remote node that serves as a rating
point for special access or switched access transport.
14.0 NUMBER PORTABILITY -- SECTIONS 251(b)(2)
14.1 The Parties shall provide to each other Interim Number Portability
(INP) on a reciprocal basis. Pursuant to the provisions in the Act, and in
accordance with the terms and conditions outlined in Appendix PORT, which is
attached hereto and incorporated herein, SWBT will provide Birch Interim Number
Portability through Remote Call Forwarding and Direct Inward Dialing technology
until Permanent Number Portability is implemented.
14.2 Once Permanent Number Portability is implemented, either Party may
withdraw, at any time and at its sole discretion, its INP offerings, subject to
thirty (30) day's advance notice to the other Party to allow the seamless and
transparent conversion of INP end user numbers to Permanent Number Portability.
15.0 DIALING PARITY -- SECTION 251(b)(3)
15.1 The Parties shall provide Dialing Parity to each other as required
under Section 251(b)(3) of the Act.
16.0 ACCESS TO RIGHTS-OF-WAY -- SECTION 251(b)(4)
Each Party shall provide the other Party access to its poles, ducts,
rights-of-way and conduits it owns or controls in accordance with Section 224 of
the Act on terms, conditions and prices comparable to those offered to any other
entity pursuant to each Party's applicable tariffs and/or standard agreements.
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17.0 DATABASE ACCESS
SWBT shall provide Birch with nondiscriminatory access to databases and
associated signaling necessary for call routing and completion. When requesting
access to databases not otherwise provided for in this Agreement, or appropriate
interfaces, regardless of whether they constitute Unbundled Network Elements,
Birch will use the Network Element Bona Fide Request process. This process is
defined in Appendix UNE, which is attached hereto and incorporated herein by
reference.
18.0 INTERCEPT REFERRAL ANNOUNCEMENTS
The Party formerly providing service to an end user shall provide a
Basic Referral announcement, reciprocally and free of charge on the abandoned
telephone number. The announcement states that the called number has been
disconnected or changed and provides the end user's new telephone number to the
extent that it is listed.
(a) Basic Intercept Referral Announcements are to be provided on
residential numbers for a minimum of thirty (30) days where
facilities exist and the threat of telephone number exhaustion
is not imminent.
(b) Basic Intercept Referral Announcements for a single line
business end user and the primary listed telephone number for
DID and "Centrex-type" end users, shall be available for a
minimum of thirty (30) days or the life of the White Pages
directory, whichever is greater. If the threat of telephone
number exhaustion becomes imminent for a particular Central
Office, the service provider may reissue a disconnected number
prior to the expiration of the directory, but no earlier than
thirty (30) days after the disconnection of the business
telephone number.
19.0 COORDINATED REPAIR CALLS
To avoid and minimize the potential for end user confusion, each Party
shall inform their respective end users of their respective repair bureau
telephone number(s) to access such bureaus. In the event that either Party
receives a misdirected repair call, the Parties agree to employ the following
procedures for handling such calls:
(a) To the extent the correct provider can be determined,
misdirected repair calls will be referred to the proper
provider of local exchange service in a courteous manner, at
no charge, and the end user will be provided the correct
contact telephone number.
(b) In responding to repair calls, neither Party shall make
disparaging remarks about each other, nor shall they use these
repair calls as the basis for internal referrals or to solicit
customers or to market services, nor shall they initiate
extraneous
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SWBT/Birch
communications beyond the direct referral to the correct repair
telephone number.
20.0 OTHER SERVICES
20.1 WHITE PAGES. SWBT will make nondiscriminatory access to White
Pages service available under nondiscriminatory terms and conditions.
20.2 CALLING NAME INFORMATION. The Parties shall provide, on mutually
agreeable and reciprocal terms, each other with access to Calling Name
information of their respective end users whenever one Party initiates a query
from a Signaling System Point for such information associated with a call
terminating to an end user who subscribes to a calling name service. SWBT will
provide Calling Name Information on nondiscriminatory terms and conditions.
20.3 BILLING/COLLECTING/REMITTING. The Parties will jointly agree to
terms and conditions for Billing, Collecting and Remitting for alternated billed
local message as described in Appendix BCR, attached hereto and incorporated by
reference.
20.4 911 AND E911 SERVICES. SWBT will make nondiscriminatory access to
911 and E911 services available under the terms and conditions of Appendix 911,
attached hereto and incorporated by reference.
20.5 DIRECTORY ASSISTANCE (DA). SWBT will provide nondiscriminatory
access to DA services under nondiscriminatory terms and conditions.
20.6 DIRECT ACCESS (DIRECT). SWBT will provide nondiscriminatory access
to subscriber listing information contained in SWBT's Directory Assistance
database on nondiscriminatory terms and conditions..
20.7 OPERATOR SERVICES. SWBT shall provide nondiscriminatory access to
Operator Services on nondiscriminatory terms and conditions.
20.8 CLEARINGHOUSE SERVICES. To the extent requested by Birch, SWBT
shall provide for the tracking of message revenues from certain messages to
facilitate the transfer of revenues between the billing company the earning
company through the Clearinghouse Services provided by SWBT pursuant to the
terms and conditions in Appendix CH, attached hereto and incorporated by
reference.
20.9 HOSTING. At Birch's request, SWBT shall perform hosting
responsibilities for the provision of billable message data and/or access usage
data received from Birch for distribution to the appropriate billing and/or
processing location or for delivery to Birch of such data via SWBT's internal
network or the nationwide CMDS network pursuant to Appendix HOST, attached
hereto and incorporated by reference.
20.10 SIGNALING SYSTEM 7 INTERCONNECTION. At Birch's request, SWBT
shall perform
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SS7 interconnection services for Birch pursuant to Appendix SS7, attached hereto
and incorporated by reference.
21.0 GENERAL RESPONSIBILITIES OF THE PARTIES
21.1 IMPLEMENTATION SCHEDULE. Upon approval by the Commission, the
Parties shall convene an Implementation Team and meet to develop an
Implementation Plan whose purpose is to take all steps necessary to allow the
Parties to exchange traffic as soon as possible consistent with the Parties'
business plans.
21.2 SWBT and Birch shall each use their best efforts to meet the
Interconnection Activation Dates.
21.3 Each Party is individually responsible to provide facilities
within its network that are necessary for routing, transporting, measuring, and
billing traffic from the other Party's network and for delivering such traffic
to the other Party's network in the standard format compatible with SWBT's
network as referenced in Bellcore's BOC Notes on LEC Networks Practice No.
SR-TSV-002275, and to terminate the traffic it receives in that standard format
to the proper address on its network. The Parties are each solely responsible
for participation in and compliance with national network plans, including the
National Network Security Plan and the Emergency Preparedness Plan.
21.4 Neither Party shall use any service related to or use any of the
services or elements provided in this Agreement in any manner that interferes
with other persons in the use of their service, prevents other persons from
using their service, or otherwise impairs the quality of service to other
carriers or to either Party's end users, and either Party may discontinue or
refuse service, but only for so long as the other Party is violating this
provision. Upon such violation, either Party shall provide the other Party
notice of the violation at the earliest practicable time. The Party receiving
notice of such violation may invoke the Dispute Resolution procedures of this
Agreement and such shall not be interrupted until the Dispute Resolution
procedures are completed, provided however, that in the event the Party giving
notice of the violation reasonably believes the alleged violation of this
provision is causing imminent network harm or significantly interfering with the
Party's ability to serve its customers, the Party may discontinue or refuse to
provide service as provided for in this provision but either Party may
thereafter invoke the Dispute Resolution procedures.
21.5 Each Party is solely responsible for the services it provides to
its end users and to other Telecommunications Carriers.
21.6 The Parties shall work cooperatively to minimize fraud associated
with third-number billed calls, calling card calls, and any other services
related to this Agreement.
21.7 At all times during the term of this Agreement, each Party shall
keep and maintain in force at each Party's expense all insurance required by law
(e.g. workers' compensation
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SWBT/Birch
insurance) as well as general liability insurance for personal injury or death
to any one person, property damage resulting from any one incident, automobile
liability with coverage for bodily injury for property damage. Upon request from
the other Party, each Party shall provide to the other Party evidence of such
insurance (which may be provided through a program of self insurance).
21.8 Unless otherwise stated, each Party will render a monthly bill to
the other for service(s) provided hereunder. Remittance in full will be due
within thirty (30) days of that billing date. Interest shall apply on overdue
amounts (other than disputed amounts which are subject to Section 31.12) at the
rate specified in Section 31.12, unless otherwise specified in an applicable
tariff. Each Party reserves the right to net delinquent amounts against amounts
otherwise due the other. In the event a Party disputes an amount paid to the
other Party, and it is determined that the amount was erroneously paid or
billed, the Party receiving such payment shall return the amount along with
interest from the original date of payment.
21.9 SWBT is participating with the industry to develop standardized
methods through the OBF and shall implement ordering and billing
formats/processes consistent with industry guidelines as capabilities are
deployed. Where such guidelines are not available or SWBT decides not to fully
utilize industry guidelines, SWBT will provide Birch with information on its
ordering and billing format/process and requirements during the development of
the Implementation Plan provided for in Section 21.1 or as soon as SWBT is aware
it will not be using industry standard guidelines or such guidelines are not
available.
22.0 EFFECTIVE DATE, TERM, AND TERMINATION
22.1 This Agreement shall be effective ten (10) days after approval by
the Commission when it has determined that the Agreement complies with Sections
251 and 252 of the Act ("Effective Date").
22.2 The initial term of this Agreement shall be one (1) year (the
"Term") which shall commence on the Date of Execution. Absent the receipt by one
Party of written notice from the other Party at least sixty (60) days prior to
the expiration of the Term to the effect that such Party does not intend to
extend the Term of this Agreement, this Agreement shall automatically renew and
remain in full force and effect on and after the expiration of the Term until
terminated by either Party pursuant to Section 22.4, below.
22.3 Either Party may terminate this Agreement in the event that the
other Party fails to perform a material obligation that disrupts the operation
of either Party's network and/or end user service and fails to cure such
material nonperformance within forty-five (45) days after written notice
thereof. The Party receiving notice of such violation may invoke the Dispute
Resolution procedures of this Agreement and such forty-five (45) day period
shall not begin to run until the Dispute Resolution procedures are completed,
provided however, that in the event the Party giving notice of the violation
reasonably believes the alleged violation of the Agreement is causing imminent
network harm or significantly interfering with the Party's ability
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to serve its customers, the Party may discontinue or refuse to provide service
as provided for in Section 21.4 but either Party may thereafter invoke the
Dispute Resolution procedures.
22.4 If pursuant to Section 22.2, above, this Agreement continues in
full force and effect after the expiration of the Term, either Party may
terminate this Agreement ninety (90) days after delivering written notice to the
other Party of its intention to terminate this Agreement, subject to Section
22.6, below. Neither Party shall have any liability to the other Party for
termination of this Agreement pursuant to this Section 22.4 other than its
obligations under Section 22.5, below.
22.5 Upon termination or expiration of this Agreement in accordance
with this Section 22.0:
(a) each Party shall comply immediately with its
obligations set forth in Section 31.6, below; and
(b) each Party shall promptly pay all amounts (including
any late payment charges) owed under this Agreement;
and
(c) each Party 's indemnification obligations shall
survive.
22.6 In the event the Agreement would otherwise terminate (other than
by being superseded by a new agreement between the Parties), Birch may elect to
continue to operate under the terms and conditions of the Agreement (or upon
such other terms and conditions as the Parties may agree) during a holdover
period as herein described ("Holdover Period") provided Birch complies with the
steps detailed herein. Within ten (10) days of receiving notice of termination
from SWBT, Birch shall send a request for negotiations for a new agreement under
Sections 251 and 252 of the Communications Act. Birch may then operate under the
terms of this Agreement until the Parties reach agreement or have completed the
processes provided for in Section 252 of the Communications Act provided that if
the Parties have not reached agreement, Birch must seek arbitration at the
earliest time permitted under Section 252. In any event, SWBT may not terminate
this Agreement while any agreement between the Parties that would supersede this
Agreement is pending approval at the Commission.
22.7 Except as set forth in Section 29.5, below, no remedy set forth in
this Agreement is intended to be exclusive and each and every remedy shall be
cumulative and in addition to any other rights or remedies now or hereafter
existing under applicable law or otherwise.
23.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES,
FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY THIS AGREEMENT AND
THE PARTIES DISCLAIM THE
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SWBT/Birch
IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, NEITHER SWBT NOR BIRCH ASSUMES RESPONSIBILITY WITH REGARD TO THE
CORRECTNESS OF DATA OR INFORMATION SUPPLIED BY THE OTHER WHEN THIS DATA OR
INFORMATION IS ACCESSED AND USED BY A THIRD PARTY.
24.0 CHANGES IN END USER LOCAL EXCHANGE SERVICE PROVIDER SELECTION
Each Party will abide by applicable state or federal laws and
regulations in obtaining end user authorization prior to changing end user's
local service provider to itself and in assuming responsibility for any
applicable charges as specified in Section 258 (b) of the Telecommunications Act
of 1996. Birch shall make authorization available to SWBT upon request and at no
charge. Only an end user can initiate a challenge to a change in its local
exchange service provider. If an end user notifies SWBT or Birch that the end
user requests local exchange service, the Party receiving such request shall be
free to immediately provide service to such end user. When an end user changes
or withdraws authorization, each Party shall release customer-specific
facilities in accordance with the end user's direction or the end user's
authorized agent. Further, when an end user abandons the premise, SWBT is free
to reclaim the unbundled network element facilities for use by another customer
and is free to issue service orders required to reclaim such facilities.
25.0 SEVERABILITY
25.1 The Parties negotiated the services, arrangements,
Interconnection, terms and conditions of this Agreement by the Parties as a
total arrangement and are intended to be nonseverable, subject only to Section
31.16 of this Agreement.
25.2 In the event the Commission, the FCC, or a court rejects any
portion or determines that any provision of this Agreement is contrary to law,
or is invalid or unenforceable for any reason, the Parties shall continue to be
bound by the terms of this Agreement, insofar as possible, except for the
portion rejected or determined to be unlawful, invalid, or unenforceable. In
such event, the Parties shall negotiate in good faith to replace the rejected,
unlawful, invalid, or unenforceable provision and shall not discontinue service
to the other party during such period if to do so would disrupt existing service
being provided to an end user. Nothing in this Agreement shall be construed as
requiring or permitting either Party to contravene any mandatory requirement of
federal or state law, or any regulations or orders adopted pursuant to such law.
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26.0 INTELLECTUAL PROPERTY
Birch is responsible for obtaining any license or right to use
agreement associated with a Unbundled Network Element purchased from SWBT. SWBT
will provide a list of all known and necessary licenses or right to use
agreements applicable to the subject Network Element(s) within seven days of a
request for such a list by Birch. SWBT agrees to use its best efforts to
facilitate the obtaining of any necessary license or right to use agreement.
SWBT makes no warranties, express or implied, concerning Birch's (or any third
party's) rights with respect to intellectual property (including with
limitation, patent, copyright, and trade secret rights) or contract rights
associated with Birch's rights to interconnect with SWBT's network and to
Unbundled Network Elements.
27.0 INDEMNIFICATION
27.1 Except as otherwise provided herein or in specific appendices,
each Party shall be responsible only for service(s) and facility(ies) which are
provided by that Party, its authorized agents, subcontractors, or others
retained by such parties, and neither Party shall bear any responsibility for
the service(s) and facility(ies) provided by the other Party, its agents,
subcontractors, or others retained by such parties.
27.2 Except as otherwise provided herein or in specific appendices, and
to the extent not prohibited by law and not otherwise controlled by tariff, each
Party (the "Indemnifying Party") shall defend and indemnify the other Party (the
"Indemnified Party") and hold such Indemnified Party harmless against any Loss
to a third party arising out of the negligence or willful misconduct by such
Indemnifying Party, its agents, its end user, contractors, or others retained by
such parties, in connection with the provision of services or functions under
this Agreement.
27.3 In the case of any Loss alleged or made by an end user of either
Party, the Party whose end user alleged or made such Loss (Indemnifying Party)
shall defend and indemnify the other Party (Indemnified Party) against any and
all such claims or Loss by its end users regardless of whether the underlying
service was provided or unbundled element was provisioned by the Indemnified
Party, unless the Loss was caused by the gross negligence or intentional
misconduct of the other (Indemnified) Party.
27.4 Birch agrees to indemnify, defend and hold harmless SWBT from any
Loss arising out of SWBT's provision of 911 services or out of Birch's end
users' use of the 911 service, whether suffered, made, instituted, or asserted
by Birch or its end users, including for any personal injury or death of any
person or persons, except for Loss which is the direct result of SWBT's own
negligence or willful misconduct.
27.5 SWBT shall not be liable for damages to an end user's premises
resulting from the furnishing of unbundled elements, including the installation
and removal of equipment and associated wiring, unless the damage is caused by
SWBT's negligence or willful misconduct.
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SWBT does not guarantee or make any warranty with respect to unbundled elements
when used in an explosive atmosphere.
27.6 Each Party shall be indemnified, defended and held harmless by the
other Party against any Loss arising from a Party's use of services or elements
provided under this Agreement involving: tort claims, including claims for
libel, slander, invasion of privacy, or infringement of copyright arising from a
Party's own communications. This includes, but is not limited to, suits arising
from disclosure of any customer-specific information associated with either the
originating or terminating numbers used to provision unbundled elements provided
hereunder or all other claims arising out of any act or omission in the course
of using services or functions provided pursuant to this Agreement.
27.7 The Indemnifying Party agrees to defend any suit brought against
the Indemnified Party for any Loss identified in this Section or specific
appendices. The Indemnified Party agrees to notify the Indemnifying Party
promptly in writing of any written claims, lawsuits or demands for which the
Indemnifying Party may be responsible under this Agreement. The Indemnified
Party shall cooperate in every reasonable way to facilitate defense or
settlement. The Indemnifying Party shall have the right to control and conduct
the defense and settlement of any action or claim subject to the consultation of
the Indemnified Party. The Indemnifying Party shall not be responsible for any
settlement unless the Indemnifying Party approved such settlement in advance and
agrees to be bound by the settlement agreement.
27.8 Birch acknowledges that its right under this contract to
interconnect with SWBT's network and to unbundle and/or combine SWBT's network
elements (including combining with Birch's network elements) may be subject to
or limited by intellectual property (including, without limitation, patent,
copyright, and trade secret rights) and contract rights of third parties. It is
the sole obligation of Birch to obtain any consents, authorizations, or licenses
under intellectual property or proprietary rights held by third parties that may
be necessary for its use of SWBT network facilities under this Agreement. SWBT
hereby conveys no licenses to use such intellectual property rights and makes no
warranties, express or implied, concerning Birch's (or any third party's) rights
with respect to such intellectual property and contract rights, including,
without limitation, whether such rights will be violated by such interconnection
or unbundling and/or combining or elements (including combining with Birch's
network elements) in SWBT's network. SWBT does not and shall not indemnify or
defend, nor be responsible for indemnifying or defending, Birch for any
liability losses, claims, costs, damages, demand, penalties, or other expenses
arising out of, caused by, or relating to Birch's interconnection with SWBT's
network and unbundling and/or combining SWBT's network elements (including
combining with Birch's network elements).
27.9 Birch agrees to indemnify and hold SWBT harmless from and against
all liability, losses, claims, costs, damages, demand, penalties, or other
expenses, including but not limited to costs of litigation and reasonable
attorneys fees, arising out of, caused by, or relating to any real or potential
claim, demand, or action that Birch's interconnection with SWBT's network, or
Birch's use of services or functions offered hereunder, or unbundling and/or
combining of
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SWBT's network elements (including combining with Birch's network elements)
violates or infringes upon any intellectual property rights of any third party
or constitutes a breach of contract. Birch shall notify SWBT in writing within
ten (10) days after Birch receives notification of any claim or suit subject to
this provision. Birch shall undertake and control the defense and settlement of
any such claim or suit and SWBT shall cooperate fully with Birch in connection
therewith. In no event shall SWBT be liable for any consequential damages or
loss of profits which Birch may suffer arising out of same.
27.10 Birch shall reimburse SWBT for damages to SWBT facilities
utilized to provide unbundled elements hereunder caused by the negligence or
willful act of Birch or resulting from Birch's unauthorized or negligent use of
SWBT facilities, or due to malfunction of any facilities or equipment provided
by other than SWBT. Nothing in the foregoing provision shall be interpreted to
hold Birch liable for another local service provider or end user's actions. Upon
reimbursement for damages, SWBT will cooperate with Birch in prosecuting a claim
against the person causing such damage. Birch shall be subrogated to the right
of recovery by SWBT for the damages to the extent of such payment.
28.0 LIMITATION OF LIABILITY
28.1 Except for indemnity obligations under this Agreement, grossly
negligent or willful misconduct, or except as otherwise provided in specific
appendices, each Party's liability to the other Party for any Loss relating to
or arising out of any negligent act or omission in its performance under this
Agreement, whether in contract or tort, shall not exceed in total the amount
SWBT or Birch has or would have charged the other Party for the affected
service(s) or function(s) which were not performed or were otherwise improperly
performed.
28.2 Except for Losses alleged or made by an end user of either Party,
or except as otherwise provided in specific appendices, in the case of any Loss
alleged or made by a third party arising under the negligence or willful
misconduct of both Parties, each Party shall bear, and its obligation under this
Section shall be limited to, that portion (as mutually agreed to by the Parties)
of the resulting expense caused by its own negligence or willful misconduct or
that of its agents, servants, contractors, or others acting in aid or concert
with it.
28.3 In no event shall either Party have any liability whatsoever to
the other Party for any indirect, special, consequential, incidental, or
punitive damages, including but not limited to, loss of anticipated profits or
revenue or other economic loss in connection with or arising from anything said,
omitted, or done hereunder (collectively, "Consequential Damages"), even if the
Party has been advised of the possibility of such damages; provided that the
foregoing shall not limit a Party's obligation under this Agreement to
indemnify, defend, and hold the other Party harmless against any amounts payable
to a third party, including any losses, costs, fines, penalties, criminal or
civil judgments or settlements, expenses (including attorney's fees) and
Consequential Damages of such third party unless the other Party has engaged in
gross negligence or willful misconduct.
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29.0 LIQUIDATED DAMAGES FOR SPECIFIED ACTIVITIES
29.1 CERTAIN DEFINITONS. When used in this Section 29.0, the following
terms shall have the meanings indicated:
29.1.1 "SPECIFIED PERFORMANCE BREACH" means the failure by
SWBT to meet the Performance Criteria for any Specified Activity for a period of
three (3) consecutive calendar months.
29.1.2 "Specified Activity" means any of the following
activities:
(i) the installation by SWBT of unbundled loops
associated with Birch end user Lines;
(ii) SWBT's provision of Interim Number
Portability; or
(iii) the repair of out of service problems for
Birch ("Out of Service Repairs").
29.1.3 "Performance Criteria" means, with respect to each
calendar month during the term of this Agreement, the performance by SWBT during
such month of each Specified Activity shown below within the time interval shown
in at least eighty percent (80%) of the covered instances:
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SPECIFIED ACTIVITY PERFORMANCE INTERVAL DATE
(i) Birch End User Lines
1-10 Lines per Service Order Five (5) business days from SWBT's Receipt
of valid Service Order
11-20 Lines per Service Order Ten (10) business days from SWBT's Receipt
of valid Service Order
21+ Lines per Service Order To Be Negotiated
(ii) Interim Number Portability
1-10 Numbers per Service Order Five (5) business days from SWBT's Receipt
of valid Service Order
11-20 Numbers per Service Order Ten (10) business days from SWBT's Receipt
of valid Service Order
21+ Numbers per Service Order To be Negotiated
(iii) Out-of-Service Repairs Less than twenty-four (24) hours from SWBT's
Receipt of Notification of Out-of-Service
Condition
29.2 SPECIFIED PERFORMANCE BREACH. In recognition of the: (1) loss of
end user opportunities, revenues and goodwill which Birch might sustain in the
event of a Specified Performance Breach; (2) the uncertainty, in the event of
such a Specified Performance Breach, of Birch having available to it customer
opportunities similar to those opportunities currently available to Birch; and
(3) the difficulty of accurately ascertaining the amount of damages Birch would
sustain in the event of such a Specified Performance Breach, SWBT agrees to pay
Birch, subject to Section 29.4 below, damages as set forth in Section 29.3 below
in the event of the occurrence of a Specified Performance Breach.
29.3 LIQUIDATED DAMAGES. The damages payable by SWBT to Birch as a
result of a Specified Performance Breach shall be $75,000 for each Specified
Performance Breach (collectively, the "Liquidated Damages"). Birch and SWBT
agree and acknowledge that: (a) the Liquidated Damages are not a penalty and
have been determined based upon the facts and circumstances of Birch and SWBT at
the time of the negotiation and entering into of this Agreement, with due regard
given to the performance expectations of each Party; (b) the Liquidated Damages
constitute a reasonable approximation of the damages Birch would sustain if its
damages were readily ascertainable; and (c) Birch shall not be required to
provide any proof of the Liquidated Damages.
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29.4 LIMITATIONS. In no event shall SWBT be liable to pay the
Liquidated Damages if SWBT's failure to meet or exceed any of the Performance
Criteria is caused, directly or indirectly, by a Delaying Event. A "Delaying
Event" means: (a) a failure by Birch to perform any of its obligations set forth
in this Agreement (including, without limitation, the Implementation Schedule
and the Joint Implementation Process); (b) any delay, act or failure to act by
an end user, agent or subcontractor of Birch; (c) any Force Majeure Event; or
(d) for INP, where memory limitations in the switch in the SWBT serving office
cannot accommodate the request. If a Delaying Event: (i) prevents SWBT from
performing a Specified Activity, then such Specified Activity shall be excluded
from the calculation of SWBT's compliance with the Performance Criteria; or (ii)
only suspends SWBT's ability to timely perform the Specified Activity, the
applicable time frame in which SWBT's compliance with the Performance Criteria
is measured shall be extended on an hour-for-hour or day-for-day basis, as
applicable, equal to the duration of the Delaying Event.
29.5 SOLE REMEDY. The Liquidated Damages shall be the sole and
exclusive remedy of Birch for SWBT's breach of the Performance Criteria or a
Specified Performance Breach as described in this Section 29.0 and shall be in
lieu of any other damages or credit Birch might otherwise seek for such breach
of the Performance Criteria or a Specified Performance Breach through any claim
or suit brought under any contract or tariff.
29.6 RECORDS. SWBT shall maintain complete and accurate records, on a
monthly basis, of its performance under this Agreement of each Specified
Activity and its compliance with the Performance Criteria. SWBT shall provide to
Birch such records in a self-reporting format on a monthly basis.
Notwithstanding Section 31.6.1, below, the Parties agree that such records shall
be deemed "Proprietary Information" under Section 31.6, below.
30.0 REGULATORY APPROVAL
30.1 The Parties understand and agree that this Agreement will be filed
with the Commission and may thereafter be filed with the FCC. The Parties
believe in good faith and agree that the services to be provided under this
Agreement satisfy the specifically mentioned sections of the Act and are in the
public interest. Each Party covenants and agrees to fully support approval of
this Agreement by the Commission or the FCC under Section 252 of the Act without
modification.
31.0 MISCELLANEOUS
31.1 AUTHORIZATION
(a) SWBT is a corporation duly organized, validly
existing and in good standing under the laws of the
State of Missouri and has full power and authority
to execute and deliver this Agreement and to perform
the obligations hereunder.
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(b) Birch is a corporation duly organized, validly
existing and in good standing under the laws of the
State of Delaware and has full power and authority
to execute and deliver this Agreement and to perform
its obligations hereunder.
31.2 COMPLIANCE AND CERTIFICATION
31.2.1 Each Party is responsible for its own compliance with
all federal, state, and local laws, rules, and regulations applicable to its
performance under this Agreement.
31.2.2 Each Party warrants that it has obtained all necessary
state certification required in those states in which it has ordered services
from the other Party pursuant to this Agreement. Upon request by any state
governmental entity, each Party shall provide proof of certification.
31.2.3 Each Party represents and warrants that any equipment,
facilities or services provided to the other Party under this Agreement comply
with the Communications Law Enforcement Act ("CALEA"). Each Party shall
indemnify and hold the other Party harmless from any and all penalties imposed
upon the other Party for such noncompliance and shall at the non-compliant
Party's sole cost and expense, modify or replace any equipment, facilities or
services provided to the other Party under this Agreement to ensure that such
equipment, facilities and services fully comply with CALEA.
31.3 LAW ENFORCEMENT
31.3.1 SWBT and Birch shall handle law enforcement requests as
follows:
(a) Intercept Devices: Local and federal law
enforcement agencies periodically request
information or assistance from local telephone
service providers. When either Party receives a
request associated with an end user of the
other Party, it shall refer such request to the
Party that serves such end user, unless the
request directs the receiving Party to attach a
pen register, trap-and-trace or form of
intercept on the Party's facilities, in which
case that Party shall comply with any valid
request.
(b) Subpoenas: If a Party receives a subpoena for
information concerning an end user the Party
knows to be an end user of the other Party, it
shall refer the subpoena to the requesting
party with an indication that the other Party
is the responsible company, unless the subpoena
requests records for a period of time during
which the Party was the end user's service
provider, in which case the Party will respond
to any valid request.
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(c) Emergencies: If a Party receives a request
from a law enforcement agency for temporary
number change, temporary disconnect, or
one-way denial of outbound calls for an end
user of the other Party by the receiving
Party's switch, that Party will comply with
an valid emergency request. However, neither
Party shall be held liable for any claims or
damages arising from compliance with such
requests on behalf of the other Party's end
user and the Party serving such end user
agrees to indemnify and hold the other Party
harmless against any and all such claims.
31.4 INDEPENDENT CONTRACTOR. Each Party and each Party's contractor
shall be solely responsible for the withholding or payment of all applicable
federal, state and local income taxes, social security taxes and other payroll
taxes with respect to its employees, as well as any taxes, contributions or
other obligations imposed by applicable state unemployment or workers'
compensation acts. Each Party has sole authority and responsibility to hire,
fire and otherwise control its employees.
31.5 FORCE MAJEURE. Neither Party shall be liable for any delay or
failure in performance of any part of this Agreement from any cause beyond its
control and without its fault or negligence including, without limitation, acts
of nature, acts of civil or military authority, government regulations,
embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, work stoppages, equipment failure, cable
cuts, power blackouts, volcanic action, other major environmental disturbances,
unusually severe weather conditions, inability to secure products or services of
other persons or transportation facilities or acts or omissions of
transportation carriers In such event, the Party affected shall, upon giving
prompt notice to the other Party, be excused from such performance on a
day-to-day basis to the extent of such interference (and the other Party shall
likewise be excused from performance of its obligations on a day-for-day basis
to the extent such Party's obligations related to the performance so interfered
with). The affected Party shall use its best efforts to avoid or remove the
cause of nonperformance and both Parties shall proceed to perform with dispatch
once the causes are removed or cease.
31.6 CONFIDENTIALITY
31.6.1 All information, including but not limited to specifications, microfilm,
photocopies, magnetic disks, magnetic tapes, drawings, sketches, models,
samples, tools, technical information, data, employee records, maps, financial
reports, and market data; (i) furnished by one Party (the "Disclosing Party") to
the other Party (the "Receiving Party") dealing with customer-specific,
facility-specific, or usage-specific information, other than customer
information communicated for the purpose of publication or directory database
inclusion, 911, call processing, billing or settlement or as otherwise mutually
agreed upon; or (ii) in written, graphic, electromagnetic, or other tangible
form and marked at the time of delivery as "Confidential" or "Proprietary;" or
(iii) communicated orally and declared to the Receiving Party as confidential or
proprietary prior to disclosure of the actual Proprietary Information to enable
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the Receiving Party to determine whether it will accept such Proprietary
Information and, if accepted, confirmed by written notice given to the Receiving
Party within ten (10) days after declaration to be "Confidential" or
"Proprietary" (collectively referred to as "Proprietary Information"), shall
remain the property of the Disclosing Party.
31.6.2 (a) If a Receiving Party desires to disclose or provide
to the Commission or the FCC any Proprietary Information of the Disclosing
Party, such Receiving Party shall, prior to and as a condition of such
disclosure, (i) provide the Disclosing Party with written notice and the form of
such proposed disclosure as soon as possible but in any event early enough to
allow the Disclosing Party to protect its interests in the Proprietary
Information to be disclosed and (ii) attempt to obtain in accordance with the
applicable procedures of the intended recipient of such Proprietary Information
an order, appropriate protective relief or other reliable assurance that
confidential treatment shall be accorded to such Proprietary Information.
(b) If a Receiving Party is required by any
governmental authority or by applicable law to disclose any Proprietary
Information, then such Receiving Party shall provide the Disclosing Party with
written notice of such requirement as soon as possible and prior to such
disclosure. The Disclosing Party may then either seek appropriate protective
relief from all or part of such requirement or, if it fails to successfully do
so, it shall be deemed to have waived the Receiving Party's compliance with this
Section 31.6 with respect to all or part of such requirement. The Receiving
Party shall use all commercially reasonable efforts to cooperate with the
Disclosing Party in attempting to obtain any protective relief which such
Disclosing Party chooses to obtain.
31.6.3 Upon request by the Disclosing Party, the Receiving
Party shall return all tangible copies of Proprietary Information, whether
written, graphic, or otherwise. In the event of the expiration or termination of
this Agreement for any reason whatsoever, each Party shall return to the other
Party or destroy all Proprietary Information and other documents, work papers
and other material (including all copies thereof) obtained from the other Party
in connection with this Agreement.
31.6.4 Each Party shall keep all the other Party's Proprietary
Information confidential in the same manner in which it keeps its own
Proprietary Information confidential, and shall use the other Party's
Proprietary Information only for performing the covenants contained in the
Agreement and shall disclose such Proprietary Information only to those
employees, contractors, agents or Affiliates who have a need to know. Neither
Party shall use the other Party's Proprietary Information for any other purpose
except upon such terms and conditions as may be agreed upon between the Parties
in writing.
31.6.5 Unless otherwise agreed, the obligations of
confidentiality and nonuse set forth in the Agreement do not apply to such
Proprietary Information that:
(a) was at the time of receipt, already known to the
Receiving Party, free of
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any obligation to keep confidential and evidenced by
written records prepared prior to delivery by the
Disclosing Party;
(b) is, or becomes publicly known through no wrongful act
of the receiving Party;
(c) is rightfully received from a third person having no
direct or indirect secrecy or confidentiality
obligation to the Disclosing Party with respect to
such information;
(d) is independently developed by an employee, agent, or
contractor of the Receiving Party which individual is
not involved in any manner with the provision of
services pursuant to the Agreement and does not have
any direct or indirect access to the Proprietary
Information;
(e) is disclosed to a third person by the Disclosing
Party without similar restrictions on such third
person's rights;
(f) is approved for release by written authorization of
the Disclosing Party;
(g) is required to be made public by the Receiving Party
pursuant to applicable law or regulation provided
that the Receiving party shall provide the Disclosing
Party with written notice of such requirement as soon
as possible and prior to such disclosure. The
Disclosing Party may then either seek appropriate
protective relief from all or part of such
requirement or, if it fails to successfully do so, it
shall be deemed to have waived the Receiving Party's
compliance with Section 31.6 with respect to all or
part of such requirement. The Receiving Party shall
use all commercially reasonable efforts to cooperate
with the Disclosing Party in attempting to obtain any
protective relief which such Disclosing Party chooses
to obtain. Notwithstanding the foregoing, SWBT shall
be entitled to disclose confidential information on a
confidential basis to regulatory agencies upon
request for information as to SWBT's activities under
the Act.
31.6.6 Notwithstanding any other provision of this Agreement,
the Proprietary Information provisions of this Agreement shall apply to all
information furnished by either Party to the other in furtherance of the purpose
of this Agreement, even if furnished before the date of this Agreement.
31.6.7 Pursuant to Section 222(b) of the Act, both parties
agree to limit their use of Proprietary Information received from the other to
the permitted purposed identified in the Act.
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31.7 GOVERNING LAW. For all claims under this Agreement that are based
upon issues within the jurisdiction (primary or otherwise) of the FCC, the
exclusive jurisdiction and remedy for all such claims shall be as provided for
by the FCC and the Act. For all claims under this Agreement that are based upon
issues within the jurisdiction (primary or otherwise) of the Commission, the
exclusive jurisdiction for all such claims shall be with such Commission, and
the exclusive remedy for such claims shall be as provided for by such
Commission. In all other respects, this Agreement shall be governed by the
domestic laws of the State of Missouri without reference to conflict of law
provisions.
31.8 TAXES
31.8.1 Each Party purchasing services hereunder shall pay or
otherwise be responsible for all federal, state, or local sales, use, excise,
gross receipts, transaction or similar taxes, fees, or surcharges (hereinafter
"Tax") imposed on or with respect to the services provided by or to such Party,
except for any Tax on either party's corporate existence, status, or income.
Whenever possible, these amounts shall be billed as a separate item on the
invoice. To the extent a sale is claimed to be for resale tax exemption, the
purchasing party shall furnish the providing party a proper resale tax exemption
certificate as authorized or required by statute or regulation by the
jurisdiction providing said resale tax exemption. Failure to timely provide said
resale tax exemption certificate will result in no exemption being available to
the purchasing Party until such time as the purchasing Party presents a valid
certification. Failure to timely provide said resale tax exemption certificate
will result in no exemption being available to the purchasing Party until such
time as the purchasing Party presents a valid certificate.
31.8.2 With respect to any purchase of services, facilities or
other arrangements, if any Tax is required or permitted by applicable law to be
collected from the purchasing party by the providing party, then: (i) the
providing party shall bill the purchasing party for such Tax; (ii) the
purchasing party shall remit such Tax to the providing party; and (iii) the
providing party shall remit such collected Tax to the applicable taxing
authority.
31.8.3 With respect to any purchase hereunder of services,
facilities or arrangements that are resold to a third party, if any Tax is
imposed by applicable law on the end user in connection with any such purchase,
then: (i) the purchasing party shall be required to impose and/or collect such
Tax from the end user; and (ii) the purchasing party shall remit such Tax to the
applicable taxing authority. The purchasing party agrees to indemnify and hold
harmless the providing party on an after-tax basis for any costs incurred by the
providing party as a result of actions taken by the applicable taxing authority
to collect the Tax from the providing party due to the failure of the purchasing
party to pay or collect and remit such tax to such authority.
31.8.4 If the providing party fails to collect any Tax as
required herein, then, as between the providing party and the purchasing party:
(i) the purchasing party shall remain liable for such uncollected Tax; and (ii)
the providing party shall be liable for any penalty and
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SWBT/Birch
interest assessed with respect to such uncollected Tax by such authority.
However, if the purchasing party fails to pay any taxes properly billed, then,
as between the providing party and the purchasing party, the purchasing party
will be solely responsible for payment of the taxes, penalty and interest.
31.8.5 If the purchasing party fails to impose and/or collect
any Tax from end users as required herein, then, as between the providing party
and the purchasing party, the purchasing party shall remain liable for such
uncollected Tax and any interest and penalty assessed thereon with respect to
the uncollected Tax by the applicable taxing authority. With respect to any Tax
that the purchasing party has agreed to pay or impose on and/or collect from end
users, the purchasing party agrees to indemnify and hold harmless the providing
party on an after-tax basis for any costs incurred by the providing party as a
result of actions taken by the applicable taxing authority to collect the Tax
from the providing Party due to the failure of the purchasing party to pay or
collect and remit such Tax to such authority.
31.9 NON-ASSIGNMENT. Each Party covenants that, if it sells or
otherwise transfers to a third party its Telephone Exchange and Exchange Access
network facilities within any territory within which SWBT is an Incumbent Local
Exchange Carrier as of the date of this Agreement (the SWBT Territory), or any
portion thereof, to a third party, it will require as a condition of such
transfer that the transferee agree to be bound by this Agreement with respect to
services provided over the transferred facilities. Except as provided in this
paragraph, neither Party may assign or transfer (whether by operation of law or
otherwise) this Agreement (or any rights or obligations hereunder) to a third
party without the prior written consent of the other Party; provided that each
Party may assign this Agreement to a corporate Affiliate or an entity under its
common control or an entity acquiring all or substantially all of its assets or
equity by providing prompt written notice to the other Party of such assignment
or transfer. Any attempted assignment or transfer that is not permitted is void
ab initio. Without limiting the generality of the foregoing, this Agreement
shall be binding upon and shall inure to the benefit of the Parties' respective
successors and assigns.
31.10 NON-WAIVER. Failure of either Party to insist on performance of
any term or condition of this Agreement or to exercise any right or privilege
hereunder shall not be construed as a continuing or future waiver of such term,
condition, right or privilege.
31.11 AUDITS. Each Party to this Agreement will be responsible for the
accuracy and quality of its data as submitted to the respective Parties
involved.
31.11.1 Upon reasonable written notice and at its own expense,
each Party or its authorized representative (providing such authorized
representative does not have a conflict of interest related to other matters
before one of the Parties) shall have the right to conduct an audit of the other
Party to give assurances of compliance with the provisions of this Agreement;
provided, that neither Party may request more than two (2) such audits within
any twelve (12) month period. This includes on-site audits at the other Party's
or the Party's vendor locations. Each Party, whether or not in connection with
an audit, shall maintain reasonable records for a
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minimum of twenty-four (24) months and provide the other Party with reasonable
access to such information as is necessary to determine amounts receivable or
payable under this Agreement. Each Party's right to access information for audit
purposes is limited to data not in excess of twenty-four (24) months in age.
31.12 DISPUTED AMOUNTS
31.12.1 No claims, under this Agreement or its Appendices,
shall be brought for disputed amounts more than twenty-four (24) months from the
date of occurrence which gives rise to the dispute. Under this Section 30.12, if
any portion of an amount due to a Party (the "Billing Party") under this
Agreement is subject to a bona fide dispute between the Parties, the Party
billed (the "Non-Paying Party") shall within sixty (60) days of its receipt of
the invoice containing such disputed amount give notice to the Billing Party of
the amounts it disputes ("Disputed Amounts") and include in such notice the
specific details and reasons for disputing each item. The Non-Paying Party shall
pay when due: (i) all undisputed amounts to the Billing Party; and (ii) all
Disputed Amounts to Billing Party.
31.12.2 If the Parties are unable to resolve the issues
related to the Disputed Amounts in the normal course of business within sixty
(60) days after delivery to the Billing Party of notice of the Disputed Amounts,
each of the Parties shall appoint a designated representative who has authority
to settle the dispute and who is at a higher level of management than the
persons with direct responsibility for administration of this Agreement. The
designated representatives shall meet as often as they reasonably deem necessary
in order to discuss the dispute and negotiate in good faith in an effort to
resolve such dispute.
31.12.3 If the Parties are unable to resolve issues related to
the Disputed Amounts within forty-five (45) days after the Parties' appointment
of designated representatives pursuant to Section 31.12.2, above, then either
Party may file a complaint with the Commission to resolve such issues or proceed
with any other remedy pursuant to law or equity.
31.12.4 The Parties agree that all negotiations pursuant to
this Section 31.12 shall remain confidential and shall be treated as compromise
and settlement negotiations for purposes of the Federal Rules of Evidence and
state rules of evidence.
31.12.5 Any undisputed amounts not paid when due shall accrue
interest from the date such amounts were due at the lesser of: (i) one and
one-half percent (1-1/2%) per month; or (ii) the highest rate of interest that
may be charged under applicable law.
31.13 DISPUTE RESOLUTION
31.13.1 No claims shall be brought for disputes arising under
this Agreement or its Appendices more than twenty-four (24) months from the date
of occurrence which gives rise to the dispute.
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31.13.2 For disputes other than disputed amounts under this
Agreement or its Appendices, each Party shall appoint a designated
representative as set forth in Section 31.12.2, above, and if unable to resolve
the dispute, proceed as set forth in Section 31.12.3, above.
31.14 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 the recipient if delivered by regular 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. Notice may also be provided by facsimile, which
shall be effective on the next Business Day following the date of transmission
as reflected in the facsimile confirmation sheet. "Business Day" shall mean
Monday through Friday, SWBT/Birch holidays excepted. 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,
except that notices to a Party's twenty-four (24) hour contact number shall be
by telephone and/or facsimile and shall be deemed to have been received on the
date transmitted.
NOTICE CONTACT Birch CONTACT SWBT CONTACT
------------------------------------------- ---------------------------- -------------------------------------
NAME/TITLE Greg Lawhon/ Senior Vice General Manager-CPAT
President
------------------------------------------- ---------------------------- -------------------------------------
STREET ADDRESS 1000 Walnut, One Bell Plaza, Room 525
Suite 1220
------------------------------------------- ---------------------------- -------------------------------------
CITY, STATE, ZIP CODE Kansas City, MO 64106 Dallas, TX 75202
------------------------------------------- ---------------------------- -------------------------------------
TELEPHONE NUMBER 1-888-842-7590 1-214-464-8145
------------------------------------------- ---------------------------- -------------------------------------
FAX NUMBER 1-888-842-7595 1-214-464-1486
------------------------------------------- ---------------------------- -------------------------------------
------------------------------------------- ----------------------------- -------------------------------------
24-HOUR NETWORK MGMT CONTACT Birch CONTACT SWBT CONTACT
------------------------------------------- ----------------------------- -------------------------------------
NAME/TITLE Michael Griess/Vice NSMC Control
President Engineering
------------------------------------------- ----------------------------- -------------------------------------
TELEPHONE NUMBER 1-888-842-7590 1-800-792-2662
------------------------------------------- ----------------------------- -------------------------------------
FAX NUMBER 1-888-842-7595
------------------------------------------- ----------------------------- -------------------------------------
31.15 PUBLICITY AND USE OF TRADEMARKS OR SERVICE MARKS.
31.15.1 The Parties agree not to use in any advertising or
sales promotion, press releases, or other publicity matters any endorsements,
direct or indirect quotes, or pictures implying endorsement by the other Party
or any of its employees without such Party's prior written approval. The Parties
will submit to each other for written approval, prior to publication,
all publicity matters that mention or display one another's name and/or
marks or contain
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language from which a connection to said name and/or marks may be inferred or
implied; the Party to whom a request is directed shall respond promptly. Nothing
herein, however, shall be construed as preventing either Party from publicly
stating the fact that it has executed this Agreement with the other Party.
31.15.2 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 commercial purposes without prior written approval.
31.16 SECTION 252(i) OBLIGATIONS. If either Party enters into an
agreement (the "Other Agreement") approved by the Commission or FCC pursuant to
Section 252 of the Act (regardless of whether the approved agreement was
negotiated or arbitrated) which provides for the provision of arrangements
covered in this Agreement to another requesting Telecommunications Carrier,
including an Affiliate, such Party shall make available to the other Party such
arrangements upon the same rates, terms and conditions as those provided in the
Other Agreement. At its sole option, the other Party may avail itself of either:
(i) the Other Agreement in its entirety; or (ii) the prices, terms and
conditions of the Other Agreement that directly relate to any of the following
duties as a whole:
(a) Interconnection (including compensation for delivery of
traffic and intellectual property rights)
(b) Exchange Access
(c) Unbundled Network Elements (including intellectual property
rights)
(d) Resale
(e) Collocation
(f) Number Portability
(g) Database Access
(h) Access to Rights of Way
(i) Operator Services
(j) Directory Assistance
31.17 JOINT WORK PRODUCT. This Agreement is the joint work product of
the Parties and has been negotiated by the Parties and their respective counsel
and shall be fairly interpreted in accordance with its terms and, in the event
of any ambiguities, no inferences shall be drawn against either Party.
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31.18 INTERVENING LAW. This Agreement is entered into as a result of
both private negotiation between the Parties and the incorporation of some of
the results of arbitration by the Commission. If the actions of Missouri or
federal legislative bodies, courts, or regulatory agencies of competent
jurisdiction invalidate, modify, or stay the enforcement of laws or regulations
that were the basis for a provision of the contract, the affected provision
shall be invalidated, modified, or stayed, consistent with the action of the
legislative body, court, or regulatory agency. In such event, the Parties shall
expend diligent efforts to arrive at an agreement respecting the modifications
to the Agreement. If negotiations fail, disputes between the Parties concerning
the interpretation of the actions required or provisions affected by such
governmental actions shall be resolved pursuant to the dispute resolution
process provided for in this Agreement.
31.19 NO THIRD PARTY BENEFICIARIES; DISCLAIMER OF AGENCY. This
Agreement is for the sole benefit of the Parties and their permitted assigns,
and nothing herein express or implied shall create or be construed to create any
third-party beneficiary rights hereunder. Except for provisions herein expressly
authorizing a Party to act for another, nothing in this Agreement shall
constitute a Party as a legal representative or agent of the other Party, nor
shall a Party have the right or authority to assume, create or incur any
liability or any obligation of any kind, express or implied, against or in the
name or on behalf of the other Party unless otherwise expressly permitted by
such other Party. Except as otherwise expressly provided in this Agreement, no
Party undertakes to perform any obligation of the other Party, whether
regulatory or contractual, or to assume any responsibility for the management of
the other Party's business.
31.20 NO LICENSE. No license under patents, copyrights or any other
intellectual property right (other than the limited license to use consistent
with the terms, conditions and restrictions of this Agreement) is granted by
either Party or shall be implied or arise by estoppel with respect to any
transactions contemplated under this Agreement.
31.21 SURVIVAL. The Parties' obligations under this Agreement which by
their nature are intended to continue beyond the termination or expiration of
this Agreement shall survive the termination or expiration of this Agreement.
31.23 SCOPE OF AGREEMENT. This Agreement is intended to describe and
enable specific Interconnection and compensation arrangements between the
Parties. This Agreement does not obligate either Party to provide arrangements
not specifically provided herein.
31.24 ENTIRE AGREEMENT. The terms contained in this Agreement and any
Schedules, Exhibits, Appendices, tariffs and other documents or instruments
referred to herein, which are incorporated into this Agreement by this
reference, constitute the entire agreement between the Parties with respect to
the subject matter hereof, superseding all prior understandings, proposals and
other communications, oral or written. Neither Party shall be bound by any
preprinted terms additional to or different from those in this Agreement that
may appear subsequently in the other Party's form documents, purchase orders,
quotations, acknowledgments, invoices or other
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communications. This Agreement may only be modified by a writing signed by an
officer of each Party.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of this 21st day of May, 1998.
BIRCH TELECOM OF MISSOURI, INC. SOUTHWESTERN BELL TELEPHONE COMPANY*
Signature:/s/Gregory C. Lawhon Signature:/s/Sandy Kinney
_____________________________________ ______________________________________
Name: Gregory C. Lawhon Name: Sandy Kinney
_____________________________________ ______________________________________
(Print or Type) (Print or Type)
Title: Senior Vice President Title: VP-GM Industry Markets.
_____________________________________ ______________________________________
(Print or Type) (Print or Type)
*SWBT is entering into this agreement in compliance with the Commission's
Arbitration Order of April 23, 1997. SWBT's execution of this agreement is
expressly subject to its Application For Rehearing and right of appeal.
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APPENDIX UNE
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APPENDIX: UNBUNDLED NETWORK ELEMENTS (UNE)
I. Introduction
A. This Appendix Unbundled Network Elements to the
Agreement sets forth the unbundled Network Elements
that SWBT agrees to offer to LSP. The specific terms
and conditions that apply to the unbundled Network
Elements are described below. The prices for Network
Elements are set forth in UNE Attachment 1.
II. General Terms and Conditions
A. SWBT and LSP may agree to connect LSP's facilities
with SWBT's network at any technically feasible point
for access to unbundled Network Elements for the
provision by LSP of a Telecommunications Service.
Unbundled Network Elements may not be connected to or
combined with SWBT access services or other SWBT
tariffed service offerings with the exception of
tariffed collocation services.
B. SWBT will provide LSP access to the unbundled Network
Elements to permit LSP to combine such Network
Elements with other Network Elements obtained from
SWBT or with network components provided by itself to
provide Telecommunications Services to its customers,
provided that such combination is technically
feasible and would not impair the ability of other
carriers to obtain access to other unbundled network
elements or to interconnect with SWBT's network. When
LSP recombines unbundled elements to create services
identical to SWBT's retail offerings, the prices
charged to LSP for the rebundled services will be
computed as SWBT's retail prices less the wholesale
discount and offered under the same terms and
conditions, including the application of access
charges. In this situation, "identical" means that
LSP is not using its own switching or other
functionality or capability together with the
unbundled elements in order to produce its service.
Any request by LSP for SWBT to provide a type of
connection between Network Elements that is not
currently being utilized in the SWBT network and is
not otherwise provided for under this Agreement will
be made in accordance with the Bona Fide Request
process described in Section III.
C. When LSP orders unbundled network elements, SWBT will
perform the functions necessary to combine unbundled
network elements in any manner required by law, even
if those elements are not ordinarily combined in
SWBT's network, provided that such combination is a)
technically feasible; and b) would not impair the
ability of other carriers to obtain access to
unbundled network elements or to interconnect with
SWBT's network as provided in F.C.C. Rule 51.315 (c).
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D. LSP is responsible to designate each network element
being ordered from SWBT and how those network
elements are to be combined. Where multiple SWBT
network elements are to be combined, LSP must
designate the order in which the elements are to be
connected. Where SWBT network elements are to be
connected to another carrier's network element(s),
LSP will designate how SWBT network element(s) are to
be connected (i.e., cross connected) to the network
element(s) of the other telecommunications carrier.
E. Various subsections below list the Network Elements
that LSP and SWBT have identified as of the Effective
Date of this Agreement. SWBT will upon request of LSP
and to the extent technically feasible provide LSP
additional Network Elements or modifications to
previously identified Network Elements for the
provision by LSP of a Telecommunications Service.
Such requests will be processed in accordance with
the Bona Fide Request process.
F. Unbundled Network Elements are provided under this
Agreement over such routes, technologies, and
facilities as SWBT may elect at its own discretion.
If LSP requests special facilities, equipment or
routing of unbundled network elements such requests
will be handled under the Bona Fide Request process.
G. Subject to the terms herein, SWBT is responsible only
for the installation, operation and maintenance of
the Network Elements it provides. SWBT is not
otherwise responsible for the Telecommunications
Services provided by LSP through the use of those
elements.
H. Where unbundled elements provided to LSP are
dedicated to a single end user, if such elements are
for any reason disconnected they will be made
available to SWBT for future provisioning needs.
Provided that the replacement end user does not
subscribe to LSP's local services, LSP agrees to
relinquish control of any such unbundled element
concurrent with the disconnection of a LSPs end
user's service.
I. LSP will, upon request of SWBT, and to the extent
technically feasible, provide SWBT access to Network
Elements for the provision of SWBT's
telecommunications services in accordance with the
Act. Such request by SWBT will be processed in
accordance with the Bona Fide Request process.
J. Each Party is solely responsible for the services it
provides to its end users and to other
Telecommunications Carriers.
K. Network elements provided to LSP under the provisions
of this Appendix will remain the property of SWBT.
L. SWBT will provide network elements where technically
feasible. Where facilities
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and equipment are not available, LSP may request and,
to the extent required by law and as SWBT may
otherwise agree, SWBT may provide Network Elements
through the Bona Fide Request process.
M. The elements provided pursuant to this Agreement will
be available to SWBT at times mutually agreed upon in
order to permit SWBT to make tests and adjustments
appropriate for maintaining the services in
satisfactory operating condition. No credit will be
allowed for any interruptions involved during such
tests and adjustments.
N. LSP's use of any SWBT network element, or of its own
equipment or facilities in conjunction with any SWBT
network element, will not materially interfere with
or impair service over any facilities of SWBT, its
affiliated companies or its connecting and concurring
carriers involved in its services, cause damage to
their plant, impair the privacy of any communications
carried over their facilities or create hazards to
the employees of any of them or the public. Upon
reasonable written notice and opportunity to cure,
SWBT may discontinue or refuse service if LSP
violates this provision.
O. When converting a SWBT account to an LSP account or
between LSP and another provider, the conversion will
be handled as a disconnect of the current account and
a new connect of the unbundled network elements
account.
P. Performance of Network Elements
1. Each Network Element provided by SWBT to LSP
will meet applicable regulatory performance
standards and be at least equal in quality
and performance as that which SWBT provides
to itself. Each Network Element will be
provided in accordance with SWBT Technical
Publications or other written descriptions,
if any, as changed from time to time by SWBT
at its sole discretion. LSP may request, and
SWBT will provide, to the extent technically
feasible, Network Elements that are superior
or lesser in quality than SWBT provides to
itself and such service will be requested
pursuant to the Bona Fide Request process.
2. Nothing in this Agreement will limit either
Party's ability to modify its network
through the incorporation of new equipment,
new software or otherwise. Each Party will
provide the other Party written notice of
any such upgrades in its network which will
materially impact the other Party's service
consistent with the timelines established by
the FCC in the Second Report and Order, CC
Docket 96-98. LSP will be solely
responsible, at its own expense, for the
overall design of its telecommunications
services and for any redesigning or
rearrangement of its telecommunications
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services which may be required because of
changes in facilities, operations or
procedure of SWBT, minimum network
protection criteria, or operating or
maintenance characteristics of the
facilities.
Q. LSP will connect equipment and facilities that are
compatible with the SWBT Network Elements and will
use Network Elements in accordance with the
applicable regulatory standards and requirements
referenced in paragraph II, Q.
III. Bona Fide Request
A. Sections IV - XI below identify specific unbundled
Network Elements and provide the terms and conditions
on which SWBT will offer them to LSP. Any request by
LSP for an additional unbundled Network Element, or
modifications to previously identified Network
Elements, both to the extent technically feasible,
will be considered under this Bona Fide Request
process. Where facilities and equipment are not
available, LSP may request and SWBT may agree to
provide, Network Elements through the Bona Fide
Request process.
B. Each Party will promptly consider and analyze access
to new unbundled Network Element with the submission
of a Network Element Bona Fide Request hereunder. The
Network Element Bona Fide Request process set forth
herein does not apply to those services requested
pursuant to Report & Order and Notice of Proposed
Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259
and n. 603 and subsequent rulings.
C. A Network Element Bona Fide Request will be submitted
in writing and will include a technical description
of each requested Network Element, the date when
interconnection is requested and the projected
quantity of interconnection points ordered with a
demand forecast.
D. The requesting Party may cancel a Network Element
Bona Fide Request at any time, but will pay the other
Party's reasonable and demonstrable costs of
processing and/or implementing the Network Element
Bona Fide Request up to the date of cancellation.
E. Within ten (10) business days of its receipt, the
receiving Party will acknowledge receipt of the
Network Element Bona Fide Request.
F. Except under extraordinary circumstances, within
thirty (30) days of its receipt of a Network Element
Bona Fide Request, the receiving Party will provide
to the requesting Party a preliminary analysis of
such Network Element Bona Fide Request. The
preliminary analysis will confirm that the receiving
Party will offer access to the Network Element or
will provide a detailed explanation that access to
the Network Element is not technically feasible
and/or that the request does not qualify as a Network
Element that is required to be provided under the
Act.
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G. If the receiving Party determines that the Network
Element Bona Fide Request is technically feasible and
otherwise qualifies under the Act, it will promptly
proceed with developing the Network Element Bona Fide
Request upon receipt of written authorization from
the requesting Party. When it receives such
authorization, the receiving Party shall promptly
develop the requested services, determine their
availability, calculate the applicable prices and
establish installation intervals.
H. Unless the Parties otherwise agree, the Network
Element Bona Fide Request must be priced in
accordance with Section 252(d)(1) of the Act.
I. As soon as feasible, but not more than ninety (90)
days after its receipt of authorization to proceed
with developing the Network Element Bona Fide
Request, the receiving Party shall provide to the
requesting Party a Network Element Bona Fide Request
quote which will include, at a minimum, a description
of each Network Element, the availability, the
applicable rates and the installation intervals.
J. Within thirty (30) days of its receipt of the Network
Element Bona Fide Request quote, the requesting Party
must either confirm its order for the Network Element
Bona Fide Request pursuant to the Network Element
Bona Fide Request quote or seek arbitration by the
Commission pursuant to Section 252 of the Act.
K. If a Party to a Network Element Bona Fide Request
believes that the other Party is not requesting,
negotiating or processing the Network Element Bona
Fide Request in good faith, or disputes a
determination, or price or cost quote, such Party may
seek mediation or arbitration by the Commission
pursuant to Section 252 of the Act.
IV. Network Interface Device
A. The Network Interface Device (NID) element is a
cross-connect used to connect LSP provided loop
facilities to inside wiring. The fundamental function
of the NID is to establish the official network
demarcation point between a carrier and its end-user
customer. The NID contains the appropriate and
accessible connection points or posts to which the
service provider and the end-user customer each make
its connections.
B. LSP may connect to the customer's inside wire at the
SWBT NID, as is, at no charge. Any repairs, upgrade
and rearrangements required by LSP will be performed
by SWBT based on time and material charges.
C. LSP will provide its own NID and will interface to
the customer's premises wiring through connections in
the customer chamber of the SWBT NID.
D. With respect to multiple dwelling units or
multiple-unit business premises, LSP will provide its
own NID, will connect directly with the customer's
inside wire and will not require any connection to
the SWBT NID, unless such
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premises are served by "single subscriber" type NIDs.
E. The SWBT NIDs that LSP uses under this Appendix will
be those installed by SWBT to serve its customers.
F. LSP will not attach to or disconnect SWBT's ground.
LSP will not cut or disconnect SWBT's loop from its
protector. LSP will not cut any other leads in the
NID. LSP will protect all disconnected leads with
plastic sleeves and will store them within the NID
enclosure. LSP will tighten all screws or lugs
loosened by LSP in the NID's enclosure and replace
all protective covers.
V. Local Loop
A. A "loop" is a dedicated transmission facility
(including use of SWBT NID) between a distribution
frame (or its equivalent) in a SWBT central office
and an end user customer premises.
B. SWBT will provide at the rates, terms, and conditions
set out in UNE Attachment 1 the following:
1. The 2-Wire analog loop supports analog voice
frequency, voice band services with loop
start signaling within the frequency
spectrum of approximately 300 Hz and 3000
Hz.
2. SWBT will offer 5 dB conditioning on a
2-wire analog loop as the standard
conditioning option available.
3. The 4-Wire analog loop provides a
non-signaling voice band frequency spectrum
of approximately 300 Hz to 3000 Hz. The
4-Wire analog loop provides separate
transmit and receive paths.
4. The 2-Wire digital loop 160 Kbps supports
Basic Rate ISDN (BRI) digital exchange
services. The 2-Wire digital loop 160 Kbps
supports usable bandwidth up to 160 Kbps.
5. The 4-Wire digital loop 1.544 Mbps will
support DS1 service including Primary Rate
ISDN (PRI). The 4-wire digital loop 1.544
Mbps supports usable bandwidth up to 1.544
Mbps.
C. If LSP requests one or more unbundled Loops serviced by
Integrated Digital Loop Carrier (IDLC) or Remote Switching
technology, SWBT will, where available, move the requested
unbundled Loop(s) to a spare, existing physical or a universal
digital loop carrier unbundled Loop at no additional charge to
LSP. If, however, no spare unbundled Loop is available, SWBT
will within two business days, excluding weekends and
holidays, of LSP's request notify LSP of the lack of available
facilities. LSP may request alternative arrangements through
the Bona Fide Request process.
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D. In addition to any liability provisions in this agreement,
SWBT does not guarantee or make any warranty with respect to
unbundled loops when used in an explosive atmosphere. LSP will
indemnify, defend and hold SWBT harmless from any and all
claims by any person relating to LSP's or LSP end user's use
of unbundled loops in an explosive atmosphere.
VI. Local Switching
A. The local switching element encompasses line-side and trunk
side facilities plus the features, functions and capabilities
of the switch. The line side facilities include the connection
between a loop termination at, for example, a main
distribution frame (MDF), and a switch line card. Trunk-side
facilities include the connection between, for example, trunk
termination at a trunk-side cross-connect panel and a trunk
card. The local switching element includes all features,
functions, and capabilities of the local switch, including but
not limited to the basic switching function of connecting
lines to lines, lines to trunks, trunks to lines and trunks to
trunks. It also includes the same basic capabilities that are
available to SWBT customers, such as a telephone number, dial
tone, signaling and access to 911, operator services,
directory assistance, and features and functions necessary to
provide services required by law. In addition, the local
switching element includes all vertical features that the
switch is capable of providing, including custom calling,
CLASS features, and centrex-like capabilities.
B. SWBT will route InterLATA calls as defined by the exchange
dialing plan via the existing PIC process when LSP uses Local
Switching elements. Until such time that the commission
mandates intraLATA presubscription, SWBT will route IntraLATA
Toll calls as defined by the exchange dialing plan when LSP
uses Local Switching elements and will provide intraLATA toll
to LSP without other usage sensitive charges. When the
commission mandates intraLATA presubscription, SWBT will route
IntraLATA Toll calls to the presubscribed carrier.
C. When LSP requests Unbundled Common Transport, SWBT's Local
Switching element will route local calls on SWBT's common
network to the appropriate trunk or lines for call origination
or termination.
D. SWBT will provide the Local Switching element only with
standard central office treatments (e.g., busy tones, vacant
codes, fast busy, etc.), supervision and announcements.
E. SWBT will control congestion points such as those caused by
radio station call-ins, and network routing abnormalities,
using capabilities such as Automatic Call Gapping, Automatic
Code Gapping, Automatic Congestion Control, and Network
Routing Overflow. LSP agrees to respond to SWBT's
notifications regarding network congestion.
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F. SWBT will provide switch interfaces to adjuncts in the same
manner it provides them to itself. LSP requests for use of
SWBT adjuncts will be handled through the Bona Fide Request
process.
G. SWBT will allow LSP to designate the features and functions
that are activated on a particular unbundled switch port to
the extent such features and functions are available or as may
be requested by the Bona Fide Request process.
H. Switch Ports
1. Analog Line Port: A line side switch connection
available in either a loop or ground start signaling
configuration used primarily for Switched voice
communications.
2. Analog (DID) Trunk Port: A trunk side switch
connection used for voice communications via customer
premises equipment primarily provided by a Private
Branch Exchange (PBX) switch.
3. ISDN Basic Rate Interface (BRI) Port: A line side
switch connection which provides ISDN Basic Rate
Interface (BRI) based capabilities.
4. ISDN Primary Rate Interface (PRI) Trunk Side Port:
trunk side switch connection which provides Primary
Rate Interface (PRI) ISDN Exchange Service
capabilities.
VII. Tandem Switching
A. Tandem Switching is defined as: (1) trunk-connect facilities,
including but not limited to the connection between trunk
termination at a cross-connect panel and a switch trunk card,
(2) the basic switching function of connecting trunks to
trunks; and (3) all technically feasible functions that are
centralized in tandem switches (as distinguished from separate
end-office switches), including but not limited to call
recording, the routing of calls to operator services, and
signaling conversion features.
B. Tandem Switching will provide trunk to trunk connections for
local calls between two end offices.
C. To the extent all signaling is SS7, Tandem Switching will
preserve CLASS/LASS features and Caller ID as traffic is
processed. Additional signaling information and requirements
are provided in Section IX.
VIII. Interoffice Transport
A. The Interoffice Transport network element is defined as SWBT
interoffice transmission facilities dedicated to a particular
customer or carrier, or shared by more than one customer or
carrier, that provide telecommunications between wire centers
owned by SWBT or LSP, or between switches owned by SWBT or
LSP. Interoffice Transport includes
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Common Transport and Dedicated Transport.
B. SWBT will be responsible for the engineering, provisioning,
and maintenance of the underlying equipment and facilities
that are used to provide Interoffice Transport.
C. Common Transport - Common Transport is a shared interoffice
transmission path between SWBT switches. Common Transport will
permit LSP to connect its Unbundled Local Switching element
purchased from SWBT with Common Transport to transport the
local call dialed by the Unbundled Local Switching element to
its destination through the use of SWBT's common transport
network. Common Transport will also permit LSP to utilize
SWBT's common network between a SWBT tandem and a SWBT end
office.
D. Dedicated Transport
1. Dedicated Transport is an interoffice transmission
path dedicated to a particular customer or carrier
that provides telecommunications between wire centers
owned by SWBT or LSP, or between switches owned by
SWBT or LSP.
2. SWBT will offer Dedicated Transport as a circuit
(e.g., DS1, DS3) dedicated to LSP.
3. SWBT will provide Dedicated Transport at the
following speeds: DS1 (1.544 Mbps), DS3 (45 Mbps),
OC3 (155.520 Mbps) and OC12 (622.080 Mbps). In
addition, SWBT offers OC48 (2488.320 Mbps) bandwidth
as an option for interoffice capacity.
4. In addition to any liability provisions in this
agreement, SWBT does not guarantee or make any
warranty with respect to entrance facilities when
used in an explosive atmosphere. LSP will indemnify,
defend and hold SWBT harmless from any and all claims
by any person relating to LSP's or LSP end user's use
of unbundled loops in an explosive atmosphere.
E. Digital Cross-Connect System (DCS) - SWBT will offer Digital
Cross-Connect System (DCS) in conjunction with the unbundled
dedicated transport element with the same functionality that
is offered to interexchange carriers.
IX. Signaling Networks and Call-Related Databases - Signaling Networks and
Call-Related Databases are Network Elements that include Signaling Link
Transport, Signaling Transfer Points, and Service Control Points and
Call-Related Databases. Access to SWBT's signaling network and call
related databases will be provided as described in the following
Appendices: SS7, LIDB Validation, LIDB, CNAM, 800, and AIN.
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X. Operations Support Systems Functions
A. Operations Support Systems Functions consist of pre-ordering,
ordering, provisioning, maintenance and repair, and billing
functions supported by SWBT's databases and information.
B. SWBT will provide LSP access to its Operations Support Systems
Functions as outlined in Appendix OSS.
XI. Cross Connects
A. The cross connect is the media between the SWBT distribution
frame and an LSP designated collocation or to other SWBT
unbundled network elements purchased by LSP.
B. SWBT offers a choice of four types of cross connects with each
unbundled loop type. The applicable cross connects are as
follows:
1. Cross connect to DCS
2. Cross connect to MUX
3. Cross connect to Collocation
4. Cross connect to Switch Port
C. Cross connects must also be ordered with Unbundled Dedicated
Transport (UDT).
1. The LSP must specify when placing an UDT order, in
what order the unbundled network components are to be
connected.
2. The Cross Connect being requested must have a
compatible interface to each of the elements which
the Cross Connect is joining together.
3. The following cross connects are available with UDT:
a) Voice Grade 2-Wire
b) Voice Grade 4-Wire
c) DS0 - DCS to Collocation
d) DS1
e) DS3
f) OC3
g) OC12
h) OC48
XII. Pricing
A. Attached hereto as UNE Attachment 1 is a schedule which
reflects the prices at which SWBT agrees to furnish Unbundled
Network Elements to LSP. LSP agrees to compensate SWBT for
unbundled Network elements at the rates contained in this
Appendix. Unbundled Network Elements are available from SWBT
on a per unbundled Network Element basis at prices as
contained in UNE Attachment 1.
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B. For any rate element and/or charge contained in or referenced
to in this Appendix that are not listed in the attached UNE
Attachment 1, including Bona Fide Requests, SWBT and LSP will
negotiate prices.
C. Unless otherwise stated, SWBT will render a monthly bill for
Network Elements provided hereunder. Remittance in full will
be due within thirty (30) days of receipt of invoice. Interest
will apply on overdue amounts.
D. SWBT will recover the costs of modifying its outside plant
facilities for LSP space requirements. These costs will be
recovered via the Bona Fide Request process described herein.
E. Recurring Charges
1. Unless otherwise listed below, where Rates are shown
as monthly, a month will be defined as a calendar
month. The minimum term for each monthly rated
element will be one (1) month. After the initial
month, billing will be on the basis of whole or
fractional months used. The minimum service period
for elements provided under the Bona Fide Request
process may be longer.
2. When an unbundled network element with a minimum
period greater than one month is discontinued prior
to the expiration of the minimum period, the
applicable charge will be the total monthly charges,
for the remainder of the minimum period.
3. The minimum service period for unbundled dedicated
transport element at the DS3 level and above is 12
months.
4. Where rates will be based on minutes of use, usage
will be accumulated at the end office or other
measurement point without any per call rounding and
total minutes by end office are rounded to the next
higher minute. LSP will pay for all usage on such
calls including those that are not completed due to
busy or don't answer conditions.
5. Where rates are based on miles, the mileage will be
calculated on the airline distance involved between
the locations. To determine the rate to be billed,
SWBT will first compute the mileage using the V&H
coordinates method, as set forth in the National
Exchange Carrier Association, Inc. Tariff F.C.C. No
4. When the calculation results in a fraction of a
mile, SWBT will round up to the next whole mile
before determining the mileage and applying rates.
F. Non-Recurring Charges
1. There are non-recurring charges for the first
connection on an LSP order as well as separate
non-recurring charges for each additional connection
associated with the same LSP order at the same LSP
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specified premises. When converting the SWBT account
to LSP or between LSP and another local service
provider, the conversion will be handled as a
disconnect of the current account and a new connect
of the unbundled network element account.
2. LSP will pay a non-recurring charge when an LSP adds
or removes a signaling point code. The rates and
charges for Signaling Point Code(s) are identified in
the Pricing Schedule. This charge also applies to
point code information provided by LSP allowing other
telecommunications providers to use LSP's SS7
signaling network.
3. A service order processing (Service Order) charge
will apply for each service order issued by SWBT to
process a request for installation, disconnection,
rearrangement, changes to or record orders for
unbundled elements.
G. Maintenance of Elements
1. The network elements provided by SWBT pursuant to
this Appendix will be maintained by SWBT. LSP or
others may not rearrange, move, disconnect, remove or
attempt to repair any facilities provided by SWBT,
other than by connection or disconnection to any
interface means used, except with the written consent
of SWBT.
2. If trouble occurs with unbundled network elements
provided by SWBT, LSP will first determine whether
the trouble is in LSP's own equipment and/or
facilities or those of the end user. If LSP
determines the trouble is in SWBT's equipment and/or
facilities, LSP will issue a trouble report to SWBT.
3. LSP will pay Time and Material charges when LSP
reports a suspected failure of a network element and
SWBT dispatches personnel to the end user's premises
or a SWBT central office and trouble was not caused
by SWBT's facilities or equipment. Time and Material
charges will include all technicians dispatched,
including technicians dispatched to other locations
for purposes of testing.
4. LSP will pay Time and Material charges when SWBT
dispatches personnel and the trouble is in equipment
or communications systems provided an entity by other
than SWBT or in detariffed CPE provided by SWBT,
unless covered under a separate maintenance
agreement.
5. If LSP issues a trouble report allowing SWBT access
to the end user's premises and SWBT personnel are
dispatched but denied access to the premises, then
Time and Material charges will apply for the period
of time that SWBT personnel are dispatched.
Subsequently, if SWBT personnel are allowed access to
the premises, the charges
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discussed herein will still apply.
6. Time and Material charges apply on a first and
additional basis for each half hour or fraction
thereof. If more than one technician is dispatched in
conjunction with the same trouble report, the total
time for all technicians dispatched will be
aggregated prior to the distribution of time between
the "First Half Hour or Fraction Thereof" and "Each
Additional Half Hour or Fraction Thereof" rate
categories. Basic Time is work related efforts of
SWBT performed during normally scheduled working
hours on a normally scheduled work day. Overtime is
work related efforts of SWBT performed on a normally
scheduled work day, but outside of normally scheduled
working hours. Premium Time is work related efforts
of SWBT performed other than on a normally scheduled
work day.
7. If LSP requests or approves a SWBT technician to
perform services in excess of or not otherwise
contemplated by the nonrecurring charges herein, LSP
will pay for any additional work to perform such
services, including requests for installation or
conversion outside of normally scheduled working
hours.
H. Other Pricing Terms and Conditions for Unbundled Local
Switching (ULS)
1. When LSP purchases Unbundled Local Switching, SWBT
will provide LSP the vertical features that the
switch is equipped to provide, as part of the usage
charges associated with ULS. LSP will pay
non-recurring charges to activate such features in
association with a particular ULS Port type. There
are two levels of non-recurring charges. The first
will apply when the features are activated at the
same time the port is established. A different
non-recurring charge applies when the feature is
activated subsequent to initial installation of the
port.
2. When the NXX of the telephone number provided to LSP
is one associated with an optional EAS arrangement,
LSP will pay a flat-rated monthly port additive for
the optional EAS toll package(s) inherent in the
telephone number.
3. LSP will pay the Toll Free Database query rate for
each query received and processed by SWBT's database.
When applicable, the charge for the additional
features (Designated 10-Digit Translation, Call
Validation and Call Handling and Destination) are per
query and in addition to the Toll Free Database query
charge, and will also be paid by LSP.
4. Use of SWBT's SS7 signaling network will be provided
for unbundled local switching as set forth in
Appendix SS7. LSP does not
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separately order SS7 under this method. LSP will be
charged for the use of the SWBT SS7 network on a per
call basis when the SS7 network is used in
conjunction with unbundled local switching.
5. With Unbundled Local Switching, SWBT will make
available features that require resources outside the
switch, but LSP will pay additional charges (e.g.,
TCAP messages, SS7 Signaling, database queries, etc.)
for such features.
6. Associated with Unbundled Local Switching, LSP will
pay a non-recurring and a monthly recurring charge
for the establishment of common block for a
particular end user served by LSP. LSP will also pay
a non-recurring charge for activation of features
associated with individual ports and for subsequent
changes to features associated with individual ports.
These non-recurring charges are separate from the
service charges for service order processing.
I. Temporary Rate Structure for Unbundled Local Switching (ULS)
1. LSP will be charged a per minute rate for each local
call generated by an unbundled local ULS port, when
both the originating and terminating telephone number
are in the same 11 digit CLLI end office. When LSP
uses a ULS port to initiate a call to a terminating
number associated with a different 11 digit CLLI, LSP
will pay a rate per minute for ULS plus a rate per
minute for UCT transport. The parties agree to assume
that SWBT's common transport network is used in this
latter case.
J. Standard Interim Structure for ULS
1. Intra Switch Calls - On calls originating and
terminating in the same switch:
a) LSP will pay ULS-O for a call originating
from an ULS line or trunk port that
terminates to a SWBT end user service line
or any other unbundled line or trunk port
which is connected to the same end office
switch.
b) LSP will pay ULS-O for a centrex-like ULS
intercom call in which the LSP's user dials
from one centrex-like station to another
centrex-like station in the same common
block defined system.
c) SWBT will not bill ULS-T for calls
originating from a bundled line port (a line
port associated with the provision of resold
local service by SWBT, or associated with
local service to SWBT end user) and
terminating to a ULS Port.
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d) SWBT will not bill ULS-T for Intraswitch
calls originated by an unbundled ULS port
even when the line to which the call is
terminated is another ULS Port.
2. Inter Switch Calls - On calls not originating and
terminating in the same switch:
a) When a call originates from an ULS Port and
is routed to SWBT's public network via a
connection to UCT, ULS-O will apply. Charges
for UCT as outlined below will also apply.
b) When an InterLATA toll call is initiated
from an ULS port it will be routed to the
end user PIC choice. ULS-O usage charges
will apply to LSP in such event.
c) Until IntraLATA Dialing Parity, all
intraLATA toll calls initiated by ULS Port
will be routed to SWBT. The LSP will pay
IntraLATA toll rates for such calls. No ULS
usage charges will apply to LSP in such
event.
d) After IntraLATA Dialing Parity, IntraLATA
toll calls from ULS Ports will be routed to
the end user PIC choice. ULS-O charges will
apply.
e) When LSP uses ULS Ports to initiate an
800/888 call, SWBT will perform the
appropriate database query and route the
call to the indicated IXC. No ULS-O charges
will apply to the ULS Port.
f) When a call that has been routed through
SWBT's public network terminates to an ULS
Port, from another of the same LSP's ports
or another LSP's ULS Port, ULS-T charges
will apply.
g) When a call that has been routed through
SWBT's public network terminates to an ULS
Port, from the bundled local exchange
service of SWBT, ULS-T charges will apply.
h) When a call terminates to an ULS Port via
terminating access services provided by SWBT
(e.g., FGA, FGB, FGD, WATS etc.) SWBT will
assess ULS-T charges.
i) When a call which has been routed from
another network terminates to an ULS line
port, ULS-T charges will apply.
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APPENDIX OSS-UNE
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APPENDIX OSS
ACCESS TO OPERATIONS SUPPORT SYSTEMS FUNCTIONS
1. GENERAL CONDITIONS
1.1 This Appendix sets forth the terms and conditions under which SWBT
provides nondiscriminatory access to SWBT's operations support systems (OSS)
"functions" to LSP for pre-ordering, ordering, provisioning, maintenance /
repair, and billing. Such functions will be made available for Unbundled Network
Elements ("UNE") in a non-discriminatory manner under the terms of the governing
Interconnection Agreement and appendices.
1.2 The functions, for UNE, will be accessible via electronic
interface, as described herein, where such functions are available. Manual
access will be available to all pre-ordering, ordering, provisioning, and
billing functions via the Local Service Provider Service Center (LSPSC). LSP may
continue to use manual processes through SWBT to access OSS functions even after
the electronic interfaces are available. The provisions governing use of
electronic interfaces will apply at such time as LSP begins to utilize the
electronic interface. LSP may utilize this manual process for some OSS functions
and electronic access for other OSS functions. Repair and maintenance functions
are available via manual handling by the Local Service Provider Center (LSPC).
1.3 LSP agrees to utilize SWBT electronic interfaces, as SWBT defines
in its requirements, only for the functions described herein for the purposes of
establishing and maintaining UNE. In addition, LSP agrees that such use will
comply with the summary of SWBT's Operating Practice No. 113, Protection of
Electronic Information, titled Competitive Local Exchange Carrier Security
Policies and Guidelines.
1.4 LSP's access to OSS functions will only be utilized to view an end
user's Customer Proprietary Network Information (CPNI) under the conditions set
forth and agreed to in Exhibit A and elsewhere in this Appendix. Once the
conditions set forth in Appendix A are satisfied, LSP may access the end user's
CPNI pursuant to this Section 1.4.
1.5 By utilizing electronic interfaces to access OSS functions, LSP
acknowledges and agrees to perform accurate and correct ordering as it relates
to SWBT billing functions per the terms of this Agreement. Further, LSP
recognizes that such billing functions for conversion orders require viewing
CPNI as described in Section 1.4 above. All exception handling must be requested
manually from the LSC.
1.6 In areas where UNE order functions are not available via an
electronic interface for the pre-order, ordering and provisioning processes,
SWBT and LSP will utilize manual processes until such time as the transactions
can be electronically transmitted, subject to Section 1.2.
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1.7 SWBT will provide a help desk function for electronic system
interfaces.
1.8 SWBT and LSP will jointly establish interface contingency and
disaster recovery plans for the pre-order, ordering and provisioning of UNE.
1.9 SWBT reserves the right to modify or discontinue the use of any
system or interface as it deems appropriate.
1.10 If LSP elects to utilize electronic interfaces based upon industry
guidelines for UNE, SWBT and LSP agree to work together to implement the
guidelines issued by the Order and Billing Forum (OBF) and the
Telecommunications Industry Forum (TCIF) and conform to uniform industry
guidelines for electronic interfaces for pre-order, ordering, and provisioning.
Neither Party waives its rights in such forums in the implementation of the
standards. To achieve industry standard system functionality as quickly as
possible, the Parties acknowledge that SWBT may deploy these interfaces with
requirements developed in advance of industry guidelines. Thus, subsequent
modifications may be necessary to comply with emerging standards. LSP and SWBT
are individually responsible for evaluating the risk of developing their
respective systems in advance of standards and agree to support their own system
modifications to comply with new requirements.
1.11 If LSP determines that additional or different information and/or
functionality is required or desirable with respect to any of the OSS functions,
whether covered by this Agreement or otherwise, LSP shall request such
information or functionality from SWBT.
1.12 To the extent LSP feels that outages affecting its access to OSS
are excessive, the Parties agree that this matter may be raised as a dispute to
be handled per the Dispute Resolution Process of the Interconnection Agreement
without prejudice to the other rights of either party.
2. PRE-ORDER
2.1 SWBT will provide real time access to pre-order functions to
support LSP ordering of UNE via several electronic interfaces. The Parties
acknowledge that ordering requirements necessitate the use of current, real time
pre-order information to accurately build service orders. The following lists
represent pre-order functions that are available to LSP so that LSP order
requests may be created to comply with SWBT ordering requirements.
2.2 PRE-ORDERING FUNCTIONS FOR UNE INCLUDE:
2.2.1 customer name, billing address and residence or business
address, billed telephone numbers and features and services available in the end
office where the customer is provisioned;
2.2.2 features and services to which the customer subscribes
(LSP agrees that LSP's representatives will not access the information specified
in this Subsection until after the
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customer requests that the customer's local exchange service provider be changed
to LSP, and such request complies with conditions of Exhibit A of this
Appendix.)
2.2.3 telephone number (if the customer does not have one
assigned) with the customer on-line;
2.2.4 PIC options for intraLATA toll (when available) and
interLATA toll;
2.2.5 address verification;
2.2.6 channel facility assignment (CFA), network channel (NC),
and network channel interface (NCI) data;
2.3. ELECTRONIC ACCESS TO PRE-ORDER FUNCTIONS: Upon request by
LSP for electronic access to pre-ordering functions, SWBT will provide LSP
access to one or more of the following systems:
2.3.1 UNE PRE-ORDER SYSTEM AVAILABILITY:
2.3.1.1 DataGate is a transaction-based data query system
through which SWBT will provide LSP access for the functions of gathering
pre-ordering information to support industry standardized ordering processes for
Residential and Business Resale services. When ordering UNE services, LSP's
representatives will have access to a pre-order electronic gateway provided by
SWBT for both consumer and business customers that provides real-time access to
SWBT's operations systems. This gateway shall be a Transmission Control
Protocol/Internet Protocol (TCP/IP) gateway and will allow the LSP
representatives to perform the pre-order functions for Resale services, as
described above. SWBT and LSP agree to work together to develop and implement an
electronic communication interface that will replace this initial pre-order
electronic interface consistent with industry guidelines developed by the OBF
and the TCIF.
2.3.1.2 VERIGATE is an Access Service Pre-order system that
will also provide access to the pre-ordering functions for UNE Services.
VERIGATE may be used in connection with electronic or manual ordering. VERIGATE
preorder functionality "features and services to which the customer currently
subscribes" will be made available by third quarter 1997.
2.4 OTHER PRE-ORDER FUNCTION AVAILABILITY:
2.4.1 Where due dates are not available electronically, SWBT
will provide LSP with due date interval for inclusion in the service order
request.
2.4.2 In addition to electronic interface access to pre-order
information, upon request, SWBT will provide LSP pre-order information in batch
transmission for the purposes of
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back-up data for periods of system unavailability. The parties recognize such
information must be used to construct order requests only in exception handling
situations.
2.5 The provisions of Section 1.2 shall apply with respect to the
functions addressed in this Section 2.
3. ORDERING/PROVISIONING
3.1 SWBT will provide access to ordering functions to support LSP
provisioning of UNE services via one or more electronic interfaces. Upon request
for electronic access to ordering functions, SWBT will provide LSP access to one
or more of the following systems or interfaces:
3.2 UNE SERVICE ORDER REQUEST ORDERING SYSTEM AVAILABILITY:
3.2.1 In ordering and provisioning UNE, LSP and SWBT will
utilize mutually agreeable standard industry order formats and data elements
developed by OBF and TCIF EDI. Where industry standards do not currently exist
for the ordering and provisioning of UNE, LSP and SWBT agree to jointly develop
a form for ordering Common-Use UNE. Common-Use UNE, including, without
limitation, tandem switching, signaling and call-related databases, Operator
Services and DA, and Operations Support Systems, shall be ordered in a manner
that is consistent with OBF Access Service Request Process; in addition
customized routing will be ordered in the same manner. Customer Specific UNE,
including, Local Loop (which includes NID), and unbundled Local Switching, and
Interim Number Portability will be ordered consistent with the OBF Local Service
Request (LSR) process.
3.3 SWBT will provision UNE as prescribed in LSP order requests. Access
to status on such orders of UNE will be provided via the following electronic
interfaces:
3.3.1 Order Status will allow LSP to check service order
status.
3.3.2 In cases of EDI ordering, SWBT will provide to LSP an
EDI electronic interface for transferring and receiving orders, Firm Order
Confirmation (FOC), service completion, and, as available, other provisioning
data and information. SWBT provides LSP with a FOC for each Resale and UNE
service request. The FOC includes but is not necessarily limited to: purchase
order number, telephone number, Local Service Request number, due date, Service
Order number, and completion date. Upon work completion, SWBT will provide LSP
with an 855 EDI transaction-based Order Completion that states when that order
was completed. LSP may submit supplement requests via the 860 EDI transaction,
and, where available, SWBT will provide LSP an 865 EDI transaction-based
Completion notice.
3.4 The provisions of Section 1.2 shall apply with respect to access to
the functions described in this Section 3.
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4. MAINTENANCE/REPAIR
4.1 Two real time electronic interfaces are accessible to place, and
check the status of, trouble reports for UNE. Upon request, LSP may access these
functions via the following methods:
4.1.1 Trouble Administration (TA) system access provides LSP
with SWBT software that allows LSP to submit trouble reports and subsequently
check status on trouble reports for LSP end-users. TA will provide the ability
to review the maintenance history of a converted Resale LSP account.
4.1.2 Electronic Bonding Interface (EBI) is an interface that
is available for trouble report submission and status updates. This EBI will
conform to ANSI guidelines T1:227:1995 and T1.228:1995, Electronic
Communications Implementation Committee (ECIC) Trouble Report Format Definition
(TFRD) Number 1 as defined in ECIC document ECIC/TRA/95-003, and all guidelines
referenced within those documents, as mutually agreed upon by LSP and SWBT.
Functions currently implemented will include Enter Trouble, Request Trouble
Report Status, Add Trouble Information, Modify Trouble Report Attributes,
Trouble Report Attribute Value Change Notification, and Cancel Trouble Report,
as explained in 6 and 9 of ANSI T1.228:1995. LSP. SWBT will exchange requests
over a mutually agreeable X.25-based network.
4.2 The provisions of Section 1.2 shall apply with respect to access to
the functions described in this Section 4.
5. BILLING
5.1 SWBT shall bill LSP for UNE. SWBT shall send associated billing
information to LSP as necessary to allow LSP to perform billing functions. At
minimum SWBT will provide LSP billing information in a paper format or via
magnetic tape, as agreed to between LSP and SWBT.
5.2 ELECTRONIC ACCESS TO BILLING INFORMATION FOR UNE WILL ALSO BE
AVAILABLE VIA THE FOLLOWING INTERFACES:
5.2.1 SWBT makes available to LSPs a local Bill Data Tape to
receive data in an electronic format from its CABS database, the same
information that would appear on its paper bill.
5.2.2 LSP may also view billing information through the Bill
Information interface. Bill Information will be accessible via SWBT Toolbar.
5.2.3 SWBT shall provide LSPs a Usage Extract Feed
electronically, on a daily basis, with information on the usage billed to its
accounts for UNE in the industry standardized
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Exchange Message Record (EMR) format.
5.2.4 LSP may receive Local Disconnect Report records (via
CARE records) electronically that indicate when LSP's customers, utilizing SWBT
ports, change their Competitive Local Exchange Carrier.
5.3 The provisions of Section 1.2 shall apply with respect to access to
the functions described in this Section 5.
6. REMOTE ACCESS FACILITY
6.1 LSP must access the following SWBT OSS interfaces via a LSP Remote
Access Facility (LRAF) located in Dallas, Texas: R-EASE; B-EASE; Trouble
Administration; DataGate; and VERIGATE. Connection to the LRAF will be
established via a "port" either through dial-up or direct connection as
described in Section 6.2. LSP may utilize a port to access these interfaces to
perform the supported functions in any SWBT state where LSP has executed an
Appendix OSS and purchases System Access in that state.
6.2 LSP may use three types of access: Switched, Private Line, and
Frame Relay. For Private Line and Frame Relay connections, LSP shall provide its
own router, circuit, and two Channel Service Units/Data Service Units (CSU/DSU).
The demarcation point shall be the router interface at the LRAF. Switched Access
connections require LSP to provide its own modems and connection to the SWBT
LRAF. LSP shall pay the cost of the call if Switched Access is used.
6.3 LSP must use TCP/IP to access SWBT OSS via the LRAF. In addition,
each LSP shall have one valid Internet Protocol (IP) network address. A user-id
/password unique to each individual accessing an OSS shall be maintained to
access SWBT OSS. Prior to establishing connectivity, and as needed thereafter,
LSP must provide estimates regarding its volume of transactions, number of
concurrent users, desired number of private line or dial-up (switched)
connections, and length of a typical session.
6.4 LSP shall attend and participate in implementation meetings to
discuss LSP LRAF access plans in detail and schedule testing of such
connections. SWBT shall make a Help Desk function available to assist LSP on an
ongoing basis in accessing SWBT OSS's over the LRAF.
7. OPERATIONAL READINESS TEST (ORT) FOR ORDERING/PROVISIONING AND REPAIR/
MAINTENANCE INTERFACES
7.1 If and when LSP uses electronic interfaces, LSP must participate
with SWBT in Operational Readiness Testing (ORT), which will allow for the
testing of the systems, interfaces, and processes for the ordering and
provisioning of Resale services. ORT will be completed in conformance with
agreed upon implementation dates. LSP and SWBT will also engage in such
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testing as may be necessary for successful implementation of the manual
processes contemplated by Section 1.2.
7.2 Prior to live system usage, LSP must complete user training
sessions for SWBT-provided interfaces that affect SWBT network. Currently,
training is available and required for R-EASE, B-EASE, LEX, and Trouble
Administration. Training is also available for Order Status and VERIGATE.
Charges apply to training delivery.
8. RATES
8.1 LSP requesting access to one or more of the SWBT OSS functions
(i.e., preordering, ordering / provisioning, maintenance / repair, billing)
agrees to pay the following rate:
System Access $ 3,345.00 / month
8.2 LSP requesting functions via interfaces that require connection to
the Remote Access Facility, as described in Section 6, agrees to pay the
following rate(s) depending upon on method of access utilized:
Remote Access Facility Access Methods
Direct Connection Per Port $ 1,580.00 / month
Dial Up Per Port $ 316.00 / month
8.3 The rates specified in Sections 8.1 and 8.2 shall not be charged if
LSP is already paying them under a separate OSS agreement.
8.4 LSP requesting the billing function for Usage Billable Records, as
described in 5.2.4 and 5.3.3, agrees to pay $.003 per message transmitted.
8.5 LSP requesting the Local Disconnect Report, as described in 5.2.5
and 5.3.4, agrees to pay $0.10 per record transmitted.
8.6 Should unforeseen modifications and costs to provision OSS
functions become required by SWBT or industry guidelines, or by regulatory
rulings, SWBT reserves the right to modify its rate structure. In addition,
should LSP request custom development of an exclusive interface to support OSS
functions, such development will be considered by SWBT on an Individual Case
Basis (ICB) and priced as such.
9. EFFECTIVE DATE, TERM
9.1 The Term of this Appendix OSS will be coincident with the term of
the underlying Interconnection Agreement between the Parties and will be
effective upon approval by the Commission when it approves it as a part of the
Interconnection Agreement.
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APPENDIX 911-MOKA
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APPENDIX 911 - MISSOURI
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APPENDIX 911-MOKA
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APPENDIX 911 - MISSOURI
TERMS AND CONDITIONS FOR PROVIDING CONNECTION
TO E911 UNIVERSAL EMERGENCY NUMBER SERVICE
This appendix between SWBT and LSP sets forth the terms and conditions upon
which SWBT will provide LSP's connection to E911 Universal Emergency Number
Service.
I. DEFINITIONS
A. The definition of IEC in the Missouri General Exchange Tariff
referenced below is modified as follows:
1. Independent Exchange Company (IEC): A local exchange
telephone company, including Local Service Providers
(LSPs) who are certified by the state commission,
other than Southwestern Bell Telephone Company.
II. TERMS AND CONDITIONS
A. The following are in addition to those terms and conditions in
the Missouri General Exchange Tariff referenced below:
1. SWBT shall provide LSP with a file containing the
Master Street Address Guide (MSAG) for the exchanges
or communities specified in Exhibit I, in accordance
with the methods and procedures described in the
document "Universal Emergency Number Service - Local
Service Providers". SWBT shall provide LSP additional
files with the entire MSAG, including subsequent
additions or updates to the MSAG in accordance with
the intervals specified in Exhibit I. In addition,
SWBT shall provide LSP with a statistical report in a
timely fashion and in accordance with the methods and
procedures described in the above mentioned document,
for each file downloaded by LSP to SWBT's DBMS, so
that LSP may ensure the accuracy of the end user
records. LSP will attest it has been provided a copy
of the document referenced above.
2. At a reasonable time prior to the establishment of
E911 Service, LSP shall download and maintain
thereafter all information required to establish
records necessary for furnishing connection to E911
Service and shall promptly notify SWBT in writing of
any changes to be made to such records. LSP shall
adopt and comply with operating methods applicable to
downloading and maintaining LSP's end user records in
SWBT's DBMS, as set forth in the document referenced
in the paragraph above.
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3. LSP acknowledges that its end users in a single local
calling scope may be served by different PSAPs, and
LSP shall be responsible for providing facilities to
route calls from its end users to the proper E911
Control Office(s).
4. LSP shall connect its switches to the E911 Control
Office by one-way outgoing CAMA trunks dedicated for
originating 911 emergency service calls.
5. The parties agree that the E911 service is provided
for the use of the E911 Customer, and recognizes the
authority of the E911 Customer to establish service
specifications and grant final approval (or denial)
of service configurations offered by SWBT and the
LSP. The terms and conditions of this appendix
represent a plan for providing E911 service, for
which LSP must obtain documentation of approval from
the appropriate E911 Customer(s) which have
jurisdiction in the area(s) in which LSP's customers
are located. LSP shall provide such documentation to
SWBT prior to the use of LSP's E911 connection for
actual emergency calls.
6. Both parties agree to designate a representative who
shall have the authority to execute additional
exhibits to this Appendix when necessary to
accommodate expansion of the geographic area of LSP
into the jurisdiction of additional PSAPs or to
increase the number of CAMA trunks. The designated
representative for SWBT is Pat Halbach and for LSP is
Michael Griess.
7. The terms and conditions of this Appendix are subject
to renegotiation in the event that the E911 Customer
orders changes to the E911 service that necessitate
revision of this Appendix.
III. RATES, TERMS AND CONDITIONS
E911 Universal Emergency Number Service will be provided utilizing the
rates, terms and conditions set forth in the following state tariffs,
in addition to those terms and conditions described previously in this
Appendix:
Missouri: SWBT's General Exchange Tariff (Mo. P.S.C. No. 35) Section 28
- Universal Emergency Number Service (9-1-1)
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APPENDIX BCR
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APPENDIX BCR
BILLING, COLLECTING AND REMITTING
This Appendix sets forth the terms and conditions that apply to those
telecommunications services for which charges are billed and collected by one
Local Exchange Carrier (LEC) or LSP but earned by another LEC; and to establish
procedures for the billing, collecting and remitting of such charges and for
compensation for the services performed in connection with the billing,
collecting and remitting of such charges.
I. DEFINITIONS
A. BellCore Client Company Calling Card and Third Number
Settlement (BCC CATS) System - Nationwide system used to
produce information reports that are used in the settlement of
LEC revenues recorded by one BCC (or LEC) and billed to an end
user of another BCC (or LEC) as described in accordance with
the BellCore Practice BR 981-200-110.
B. Charges - the amount approved or allowed by the appropriate
regulatory authority to be billed to an end user for any of
the services described in Section II., rendered by a LEC to an
end user.
C. Compensation - the amount to be paid by one Party to the other
Party for billing, collecting and remitting of charges as set
forth in Section IV.
D. IntraLATA - within a Local Access Transport Area (LATA) -
IntraLATA messages are those messages, either intrastate or
interstate, which originate and terminate within a LATA. The
term "IntraLATA messages," as used herein, shall only include
those that qualify for the BellCore Client Company BCC CATS
process.
E. InterLATA - between Local Access and Transport Areas (LATAs)
as defined in the FCC's CC Docket No. 78-72. InterLATA
messages are those messages which originate in one LATA and
terminate in a different LATA. The term "InterLATA messages"
as used herein, shall only include those that qualify for the
BellCore Client Company BCC CATS process.
F. Local Exchange Carrier (LEC) - as used in this Appendix shall
mean those Local Exchange Carriers or Local Service Providers
using BCC CATS as a message tracking system.
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G. Local Message - Local messages are those messages which
originate and terminate within the area defined as the local
service area of the station from which the message originates.
H. Revenues - the sum of all or part of the charges as defined
above.
II. SCOPE OF APPENDIX
This Appendix shall apply to procedures for the billing, collecting and
remitting of revenues (and compensation to either Party for billing,
collecting and remitting of such revenues) derived from the following
services:
A. LEC-carried (traffic transported by facilities belonging to a
LEC) local messages of the following types:
1. Local Message Service Charges Billed to a Calling
Card or to a Third Number.
2. Directory Assistance Calls Charged to a Calling Card
or to a Third Number.
3. Public Land Mobile Radiotelephone Transient-Unit
Local Message Service (Mobile Channel Usage Link
Charge).
4. Maritime Mobile Radiotelephone Service and Aviation
Radiotelephone Service (Marine, Aircraft, High Speed
Train Radio Link Charges).
B. LEC-carried Interstate IntraLATA and Interstate InterLATA
telecommunications services that qualify for and flow through
the BCC CATS process as addressed in the BellCore Practice BR
981-200-110, of the following types:
1. Interstate IntraLATA Toll Service carried by an LEC
and charged to a Calling Card or a Third Number.
2. Interstate InterLATA Toll Service carried by an LEC
and charged to a Calling Card or a Third Number.
3. Radio Link Charges where service is provided by one
LEC and billed by another LEC.
<PAGE> 85
APPENDIX BCR
PAGE 4 OF 5
III. RESPONSIBILITIES OF THE PARTIES
A. LSP agrees to bill, collect and remit to SWBT the charges for
the services described in Section II which charges are earned
by any LEC (including SWBT), but which are to be billed to end
users of LSP.
B. In those cases in which the charges for the services listed in
Section II above are due any LEC other than SWBT, SWBT will
arrange to transfer these charges to the appropriate company
in accordance with accepted industry standards.
C. Charges for the services listed in Section II above to be
billed, and collected by LSP for SWBT's benefit, shall be
remitted by LSP to SWBT within thirty (30) days of the date of
SWBT's bill to LSP for such services.
D. SWBT agrees to bill and collect (or to have another LEC bill
and collect, where appropriate), and to remit to LSP, the
charges for the services described in Section II above, which
charges are earned by LSP, but which are to be billed by
another LEC (including SWBT) to the end users of that LEC.
E. Charges for the services listed in Section II above to be
billed, collected and remitted by SWBT or another LEC for
LSP's benefit, shall be remitted by SWBT to LSP within thirty
(30) days of the date of LSP's bill to SWBT for such services.
F. The full amount of the charges transmitted to either Party for
billing, collecting and remitting shall be remitted by the
other Party, without setoff, abatement or reduction for any
purpose, other than to deduct the compensation, as described
in Section IV below, due the Party for performing the end user
billing function. The Party billing the end user shall be
responsible for all uncollectible amounts related to the
services described remitted in Section II above.
Notwithstanding this paragraph, SWBT may net amounts due to
LSP under this Appendix against amounts owed to SWBT when SWBT
renders a bill to LSP hereunder.
G. Each Party will furnish to the other such information as may
be required for monthly billing and remitting purposes.
IV. COMPENSATION
A Party performing the services described in Section II.A. above will
compensate the other Party in the amount of $.08 for each charge billed
for any service described in Section II.A. above and subsequently
remitted pursuant to this Appendix by such other Party to the Party
performing the services described in Section II.A above. A Party
performing the services described in Section II.B. above will
compensate the other Party in the amount of $.05 for each charge billed
for any service described in Section II.B.
<PAGE> 86
APPENDIX BCR
PAGE 5 OF 5
above and subsequently remitted pursuant to this Appendix by such other
Party to the Party performing the services described in Section II.B.
above. Such compensation shall be paid (unless a Party has collected
such compensation as described in Section III.F. above) within thirty
(30) days of the date of a bill for such compensation by the Party
performing (or which has another LEC perform for it), the billing,
collecting and remitting functions described in Section III.
V. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
SWBT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR
FITNESS FOR INTENDED OR PARTICULAR PURPOSE WITH RESPECT TO SERVICES
PROVIDED HEREUNDER. ADDITIONALLY, SWBT ASSUMES NO RESPONSIBILITY WITH
REGARD TO THE CORRECTNESS OF THE DATA SUPPLIED BY LSP WHEN THIS DATA IS
ACCESSED AND USED BY A THIRD PARTY.
<PAGE> 87
APPENDIX CH
PAGE 1 OF 4
APPENDIX CH
<PAGE> 88
APPENDIX CH
PAGE 2 OF 4
APPENDIX CLEARINGHOUSE (CH)
WHEREAS, SWBT operates a Clearinghouse (CH), as described below, for its own
behalf and that of participating LECs and LSPs, including LSP; and
WHEREAS, LSP wants to participate in the CH on the terms set forth herein;
The Parties agree to the following:
I. CLEARINGHOUSE DESCRIPTION
SWBT operates a CH for the purpose of facilitating the
exchange of certain alternatively billed intrastate intraLATA message
toll call records and the reporting of settlement revenues owed by and
among participating LECs and LSPs, including SWBT and LSP.
II. QUALIFYING MESSAGE CRITERIA
The only toll call messages that qualify for submission to
SWBT for CH processing are: (a) intrastate intraLATA sent collect
(including calling card, collect and third number) messages which are
originated in one LEC or LSP exchange, exclusively carried by a LEC or
LSP over LEC or LSP facilities and billed to a customer located in a
second LEC's or LSP exchange within the same state; or (b) intrastate
intraLATA sent collect (but limited to calling card and third number)
messages originated in one of SWBT's operating areas (located in parts
of Texas, Arkansas, Kansas, Missouri or Oklahoma), exclusively carried
by a LEC or LSP over LEC or LSP facilities, and billed to a customer
located in a second LEC's or LSP exchange and not in the originating
State.
III. RESPONSIBILITIES OF THE PARTIES
A. LSP agrees that it will provide SWBT with billing records for
CH processing that are in an industry standard format
acceptable to SWBT and at a minimum will display the telephone
number of the end user to whom the call is to be billed, and
data about the call sufficient for a carrier to comply with
all applicable state regulatory requirements. For purposes of
this Appendix, these records ("CH Records") will detail
intraLATA toll calls which were originated by use of the
single digit access code (i.e., 0+ and 0-) in one LEC or LSP
exchange but are to be billed to an end user in a second LEC's
or LSP exchange. Such records are referred to as category
ninety-two (92) records for CH processing purposes. The term
"CH Record" will mean the call detail attributed to a single
completed toll message.
LSP agrees that all CH Records it generates will display
indicators denoting
<PAGE> 89
APPENDIX CH
PAGE 3 OF 4
whether category ninety-two (92) Records should be forwarded
to SWBT's CH. LSP will retain its originating records for
ninety (90) days such that the category ninety-two (92)
Records can be retransmitted to SWBT for CH processing, if
needed.
B. SWBT will provide and maintain such systems as it believes are
required to furnish the CH service described herein. SWBT, in
its capacity as operator of the CH, agrees to retain all CH
Records processed through the CH for two (2) years.
C. LSP will timely furnish to SWBT all CH Records required by
SWBT to provide the CH service in accordance with the
Technical Exhibit Settlement Procedures (TESP) dated
DD/MM/YEAR, or as otherwise mutually agreed upon by the
Parties. SWBT will provide the CH service in accordance with
the TESP, and such modifications as are subsequently agreed
upon.
D. Presently, in operating the CH, SWBT relies upon NXX codes to
identify messages for transmission to participating billing
companies. To the extent any subprocesses are required to
settle CH messages due to the use of ported numbers, such
subprocessing will be the responsibility of the porting
entity.
IV. PROCESSING CHARGE
LSP agrees to pay SWBT a processing charge in consideration of
SWBT's performance of CH services. This charge is two cents ($.02) per
originated CH Record processed on behalf of LSP.
V. BILLING CHARGE
LSP agrees to pay a five cents ($.05) per message charge to
the LEC or LSP responsible for billing the message, including SWBT,
when SWBT bills the message.
VI. SETTLEMENT REPORT
SWBT will issue monthly reports containing the results of the
processing of CH Records to each participating LEC and LSP. These
reports list the: (a) amounts owed by LSP for billing messages
originated by others; (b) amounts due to LSP for LSP originated
messages billed by others; (c) applicable billing charges; and (d)
processing charges.
VII. RETROACTIVE AND LOST MESSAGES
The Parties agree that processing of retroactive messages
through the CH is acceptable, if such messages utilize the industry
standard format for call records, pursuant to Section III of this
Appendix. The Parties agree that lost messages are the complete
responsibility of the originating LEC or LSP. If messages are lost by
any Party, and
<PAGE> 90
APPENDIX CH
PAGE 4 OF 4
cannot be recreated or retransmitted, the originating LEC or LSP will
estimate messages, minutes, and associated revenues based on the best
available data. No estimate will be made for messages which are more
than two years old at the time the estimate is made. The estimates will
be off-line calculations (i.e., not part of the routine CH processing)
and will be included as a supplement to the monthly settlement report.
VIII. LIMITATION OF LIABILITY
A. By agreeing to operate the CH, SWBT assumes no liability for
any LEC's or LSP's receipt of appropriate revenues due to it
from any other entity. LSP agrees that SWBT will not be liable
to it for damages (including, but not limited to, lost profits
and exemplary damages) which may be owed to it as a result of
any inaccurate or insufficient information resulting from any
entity's actions, omissions, mistakes, or negligence and upon
which SWBT may have relied in preparing settlement reports or
performing any other act under this Appendix.
B. LSP agrees to indemnify and hold SWBT harmless against and
with respect to any and all third party claims, demands,
liabilities or court actions arising from any of its actions,
omissions, mistakes or negligence occurring during the course
of SWBT's performance of CH processing pursuant to this
Appendix.
C. SWBT will not be liable for any losses or damages arising out
of errors, interruptions, defects, failures, or malfunction of
the CH services provided pursuant to this Appendix, including
those arising from associated equipment and data processing
systems, except such losses or damages caused by the sole
negligence of SWBT. Any losses or damage for which SWBT is
held liable under this Appendix will in no event exceed the
amount of processing charges incurred by LSP for the CH
services provided hereunder during the period beginning at the
time SWBT receives notice of the error, interruption, defect,
failure or malfunction, to the time service is restored.
IX. DISCLAIMER OF WARRANTIES
SWBT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO
MERCHANTABILITY OR FITNESS FOR INTENDED OR PARTICULAR PURPOSE WITH
RESPECT TO SERVICES PROVIDED HEREUNDER. ADDITIONALLY, SWBT ASSUMES NO
RESPONSIBILITY WITH REGARD TO THE CORRECTNESS OF THE DATA SUPPLIED BY
LSP WHEN THIS DATA IS ACCESSED AND USED BY A THIRD PARTY.
<PAGE> 91
APPENDIX DCO
INTERCONNECTION SCHEDULE
LSP SWBT
Interconnection Interconnection
Metropolitan Wire Center Wire Center Interconnection
Exchange Area Direction(1) (IIWC)(2) (SIWC)(3) POI(4) Activation Date
------------- ------------ --------------- --------------- ------ ---------------
St. Joseph LSP TO SWBT STJSMO?? STJSMODN03T STJSMODN03T
INTRALATA, (St. Joe DMS100)
INTERLATA, INTRALATA
800
CHOKE
LOCAL
LSP TO SWBT STJSMO?? STJSMODN03T STJSMODN03T
TOPS (St. Joe DMS100)
LSP TO SWBT STJSMO?? KSCYKSJO07T6 STJSMODN03T
911
SWBT TO LSP STJSMO?? STJSMODN03T STJSMODN03T
INTRALATA, INTERLATA, (St. Joe DMS100)
LOCAL
(1) This column will be completed by indicating the direction of the
terminating traffic (e.g., either LSP to SWBT or SWBT to LSP).
(2) LSP INTERCONNECTION WIRE CENTER (IIWC) - The address of the LSP
location that will house the interconnection equipment and through which SWBT
will terminate traffic on LSP's network.
(3) SWBT INTERCONNECTION WIRE CENTER (SIWC) - The address of the SWBT
end office or tandem through which LSP will terminate traffic on SWBT's network.
(4) POINT OF INTERCONNECTION (POI) - The POI is the location where SWBT
and LSP facilities connect. The POI will be identified by address and V&H
Coordinates. The POI for traffic going from LSP to SWBT and going from SWBT to
LSP could be different. Where the physical interface occurs at a SWBT end office
or tandem, the POI shall be located at the SIWC. Where the physical interface
occurs at the LSP location, the POI for that interconnection shall be located at
the LSP location.
(5) For the purposes of IntraLata Meet Point Billing, the billing
percentages will be 50% for SWBT and 50% for LSP. For InterLata Meet Point
Billing, the percentages be 100% for LSP, except in Houston, which will be 50%
for SWBT and 50% for LSP. As LSP enters additional markets, the Meet Point
Billing Percentages will be negotiated based on ownership of facilities.
(6) SWBT agrees to carry 911 traffic to Kansas City 911 tandem from St.
Joe in exchange for Birch providing facilities from collocation cage in St. Joe
central office to Birch's switch for SWBT's trunk groups. The parties agree that
the trunking and compensation agreed upon herein is based upon the forecasted
facilities projected by SWBT and Birch. The parties agree that this arrangement
shall be used in St. Joe for other ancillary services or in future metropolitan
areas for ancillary services traffic unless the serving arrangements in such
other metropolitan areas necessitate another arrangement.
<PAGE> 92
APPENDIX FGA
PAGE 1 OF 5
APPENDIX FGA
<PAGE> 93
APPENDIX FGA
PAGE 2 OF 5
APPENDIX FGA
This Appendix sets forth the terms and conditions under which the Parties will
distribute revenue from the joint provision of Feature Group A (FGA) Switched
Access Services.
These services will be provided within a Local Access and Transport Area (LATA)
and/or an Extended Area Service (EAS) arrangement. The Primary Company will
compensate the Secondary Company only to the extent that it has not already been
compensated under its interstate or intrastate access service tariffs or other
settlement/contract arrangements. This Appendix is subject to applicable
tariffs.
I. DEFINITIONS
A. Local Access and Transport Area (LATA) means a pre-established
geographic area encompassing one or more local exchange areas
within which a Party may provide telecommunications services.
B. The term Extended Area Service (EAS) as used in this Appendix
means the provision of message telephone exchange service
between two or more local exchange service areas without a
toll charge.
C. Subscriber Access Lines will mean a communication facility
provided under a general and/or exchange service tariff
extended from a customer premise to a central office switch
which may be used to make and receive exchange service calls,
intrastate toll service or interstate toll service calls.
D. Feature Group A Switched Access Service includes all
facilities and services rendered in furnishing FGA access
service, both in EAS and non-EAS (i.e., LATA wide
terminations) areas, in accordance with the schedule or
charges, regulations, terms and conditions stated in the
interstate or intrastate access service tariffs of the
Parties.
E. The Primary Company denotes the Party with the Primary
office(s).
F. The Primary Office is an office which: (1) directly or jointly
connects to an interexchange carrier and /or end user; and (2)
provides joint FGA switched access service to that
interexchange carrier and/or end user with other end offices.
G. The Secondary Company denotes the Party with the secondary
office(s).
H. The Secondary Office is any office involved in providing joint
FGA switched access to an Interexchange carrier and /or end
user through the switching facilities of the Primary office.
<PAGE> 94
APPENDIX FGA
PAGE 3 OF 5
I. Revenues under this Appendix are those FGA Switched Access
amounts due the Primary and Secondary Companies under their
applicable tariffs, less uncollectible revenues. Revenues for
any other services are not included. Uncollectible revenues
are those revenues the Primary Company is unable to collect,
using its regular established collection procedures. The
Primary Company may offset uncollectibles against current
revenue distribution.
J. Access Minutes or Minutes of Use (MOUs) are those minutes of
use as described in Part 69 of the Federal Communications
Commissions Rules, and are limited to those FGA MOUs which
originate and /or terminate in the Secondary Office(s) covered
by this Appendix.
K. Currently Effective Tariff Rate means the approved tariff rate
effective on the first day of the month for which compensation
is being calculated.
II. UNDERTAKING OF THE PARTIES
A. The Secondary Company will notify the Primary Company of all
tariff rate revisions, affecting this Appendix which the FCC
or other appropriate regulatory authority allows to take
effect, at least thirty (30) days in advance of their
effective date. Revenue distribution will be based on the
revised rates forty-five (45) days after the effective date of
the tariff revisions. However, if the secondary Company fails
to notify the Primary Company of a new rate within thirty (30)
days of its effective date, the Primary company may delay
implementation of the new rate until the next month's revenue
distribution cycle, and will not be required to adjust the
previous bills retroactive.
B. Each party will furnish to the other such information as may
reasonably be required for the administration, computation and
distribution of revenue, or otherwise to execute the
provisions of this Appendix.
III. ADMINISTRATION OF REVENUE DISTRIBUTION
The Primary Company will be responsible for the administration,
computation and distribution of the FGA access service revenues
collected on behalf of the Secondary Company.
IV. MINUTES OF USE (MOU'S) DEVELOPMENT
A. The Parties will calculate the amount of FGA revenues due each
Party, by determining the amount of FGA MOUs attributable to
each Party as described below. The Primary Company will then
multiply the MOUs by the rates in the Secondary Company's
applicable tariff to determine the amounts tentatively due to
the Secondary Company.
<PAGE> 95
APPENDIX FGA
PAGE 4 OF 5
V. TERMINATING MOU'S DEVELOPMENT
A. Actual monthly premium (charged at equal access end office)
and non-premium (charged at non-equal access end offices)
terminating FGA access MOUs for each office in the LATA or a
FGA access EAS area will be measured by the Primary Company.
B. Where the Primary Company cannot measure or identify the
terminating FGA MOUs by end office, terminating MOUs will be
total unmeasured MOUs allocated to the LATA. In this event,
those MOUs will be distributed based upon the ratio of each
Party's subscriber access lines, as identified in Exhibit B,
which is attached hereto and made a part hereof, to the total
subscriber access lines in the FGA access area as determined
by the Primary Company.
VI. ORIGINATING MOU'S DEVELOPMENT
A. The Primary Company will derive and distribute monthly
originating FGA access MOUs, billed by the Primary Company, to
each Secondary Company's end office in the EAS calling area,
as identified in Exhibit A, which is attached hereto and made
a part hereof, based upon a ratio of each Party's subscriber
access lines to the total subscriber access lines in the
appropriate EAS area as determined by the Primary Company.
B. The Parties recognize that since originating non-EAS calls to
the FGA service area are rated and billed as intraLATA toll,
such usage is assumed to be minimal. Therefore, originating
FGA access MOUs will not be distributed to end offices outside
an EAS calling area.
VII. CALCULATION OF REVENUE DISTRIBUTION
A. The amount of premium or non-premium revenues due each party
each month will be equal to the sum of Originating and
Terminating premium or non-premium revenue for each end
office. These revenues will be calculated by the Primary
Company by multiplying each of the Secondary Company's
effective interstate and/or intrastate FGA switched access
tariff rate elements (except the Local Transport element
described below) by the appropriate MOU calculation under
Sections 4.2.A. and B. above.
B. Local Transport (or its equivalent under the Secondary
Company's tariff and called Transport in this Appendix)
compensation will be determined for each company by
multiplying each of the Secondary Company's Transport rates by
the appropriate MOUs (as calculated under Sections 4.2.A. and
B. above) by the Secondary Company's percentage ownership of
facilities agreed on by the Parties and set out in Exhibit B,
which is attached hereto and made a part hereof.
<PAGE> 96
APPENDIX FGA
PAGE 5 OF 5
VIII. REVENUE DISTRIBUTION AMOUNTS, MONTHLY STATEMENTS AND PAYMENTS
A. The Primary Company each month will calculate and prepare a
monthly compensation statement reflecting the revenue
distribution amounts for FGA, both EAS and non-EAS, access
service due the Secondary Company.
B. The monthly compensation statement will show, for each
Secondary Office, separately:
1. The total number of non-premium or premium
terminating MOUs and revenue.
2. The total number of non-premium or premium
originating MOUs and revenues.
3. The total compensation due the Secondary Company, by
rate element.
4. The number of terminating MOUs recorded by the
Primary Company.
5. The number of originating MOUs estimated by the
Primary Company pursuant to Section 4.3 contained
herein.
6. The number of access lines used to prorate
originating usage pursuant to Section 4.3 contained
herein.
7. The percent ownership factor, if any, used to prorate
Local Transport revenues.
8. Adjustments for uncollectibles.
C. Within sixty (60) Calendar days after the end of each billing
period, the Primary Company will remit the compensation amount
due the Secondary Company. Where more than one compensation
amount is due, they may be combined into a single payment.
IX. MISCELLANEOUS PROVISIONS
A. This Appendix will remain in effect until terminated by thirty
(30) calendar days' notice by either Party to the other.
<PAGE> 97
APPENDIX FGA - EXHIBIT A
PAGE 1 OF 1
EXHIBIT A
EAS Locations for Originating and Terminating
Feature Group A Access Service
Primary Office Company Secondary Office Company
CLLI CODE NPA-NXX CLLI CODE NPA-NXX ACCESS LINE
<PAGE> 98
APPENDIX FGA - EXHIBIT B
PAGE 1 OF 1
EXHIBIT B
Location for LATA Wide Termination
of Feature Group A Access Service in
Non-EAS Calling Areas
SECONDARY OFFICE COMPANY
% Ownership of
CLLI CODE NPA-NXX Access Line Transport Facilities LATA
<PAGE> 99
APPENDIX HOST
PAGE 1 OF 5
APPENDIX HOST
<PAGE> 100
APPENDIX HOST
PAGE 2 OF 5
APPENDIX HOST
This Appendix sets forth the terms and conditions under which SWBT will perform
hosting responsibilities for LSP for: (1) the provision of billable message data
and/or access usage data received from such LSP for distribution to the
appropriate billing and/or processing location via SWBT's in-region network or
via the nationwide Centralized Message Distribution System (CMDS); or (2)
billable message data and/or access usage data received from other Local
Exchange Carriers (LECs) or LSPs or from CMDS to be distributed to such LSP.
This Appendix covers hosting in region (i.e., Missouri, Arkansas, Kansas,
Oklahoma and Texas) and hosting out of region. Hosting out of region is only
available to an LSP that is a Full Status Revenue Accounting Office (RAO)
company.
I. DEFINITIONS
A. Access Usage Record (AUR) - a message record which contains
the usage measurement reflecting the service feature group,
duration and time of day for a message which is subsequently
used by a LEC to bill access to an Interexchange Carrier
(IXC).
B. Bellcore Client Company Calling Card and Third Number
Settlement (BCC CATS) System - nationwide system used to
produce information reports that are used in the settlement of
LEC or LSP revenues recorded by one BCC (or LEC or LSP within
the territory of that BCC) and billed to a customer of another
BCC (or LEC or LSP within the territory of that BCC) as
described in accordance with the Bellcore Practice BR
981-200-110.
C. Billable Message Record - a message record containing details
of a completed call which has been carried by a LEC over its
facilities or by LSP over its facilities and such record is to
be used to bill an end user.
D. Centralized Message Distribution System (CMDS) - the national
network of private line facilities used to exchange Exchange
Message Record (EMR) formatted billing data between a company
originating a message and the company billing for a message.
E. Exchange Message Record (EMR) - industry standard message
format as described in accordance with the Bellcore Practice
BR 010-200-010 which was developed to facilitate the exchange
of telecommunications message information.
F. Full Status Revenue Accounting Office (RAO) - an LSP or LEC
that is responsible for formatting EMR records, and for
editing and packing of such detail records into files for
distribution.
G. In-Region Hosting - includes the transport, using Hosting
Company network, of
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APPENDIX HOST
PAGE 3 OF 5
(1) billable message record data for LEC or LSP transported
messages and/or access usage record data that originate in a
region and are delivered by the LSP to SWBT at a mutually
agreed upon location within the territory of SWBT to be sent
to another LEC or LSP for billing; and (2) billable message
record data and/or access usage data received from CMDS or
another LEC or LSP to be delivered to the LSP for billing to
its end user located within the five state territory of SWBT.
H. Out-of-Region Hosting - includes the transport, using the
national CMDS network, of (1) billable message record data for
LEC or LSP transported messages and/or access usage record
data that originate out of region and are delivered by the LSP
to SWBT and are to be sent to another LEC or LSP for billing;
and (2) billable message record data and/or access usage data
received from CMDS or another LEC or LSP to be delivered to
the LSP for billing to its end user located outside SWBT's
five state territory.
I. Non-Full Status Revenue Accounting Office (RAO) - An LSP or
LEC that has assigned responsibility to SWBT for editing,
sorting and placing billing message record detail and/or
access usage record detail into packs for distribution.
II. RESPONSIBILITIES OF THE PARTIES
A. All data forwarded from LSP must be in the industry standard
EMR format in accordance with Bellcore Practice BR
010-200-010. The LSP is responsible to ensure all appropriate
settlement plan indicators are included in the message detail,
i.e., the Bellcore Client Company Calling Card and Third
Number Settlement (BCC CATS) System. The LSP acknowledges that
the only message records subject to this Hosting Appendix are
those that arise from LEC or LSP transported billable messages
and/or access usage records to be used by a LEC or LSP for the
purpose of billing access to an IXC.
B. When LSP delivers billable message data and/or access usage
data to SWBT which must be forwarded to another location for
billing purposes, SWBT will accept data from the LSP, perform
edits to make message detail and access usage records
consistent with CMDS specifications, and use its in region
data network to forward this data to the appropriate billing
company or to access the national CMDS network in order to
deliver this data to the appropriate billing and/or processing
company.
If LSP is not a Full Status RAO Company, SWBT will also sort
billable message detail and access usage record detail by
Revenue Accounting Office, Operating Company Number or Service
Bureau and split data into packs for invoicing prior to using
its in region network to forward this data to the appropriate
billing company or to access the national CMDS network in
order to deliver such data to the appropriate billing company.
<PAGE> 102
APPENDIX HOST
PAGE 4 OF 5
C. For billable message data and/or access usage data received by
SWBT for delivery to an LSP location, SWBT will use its in
region data network to receive this data from other LECs or
LSPs or from CMDS in order to deliver such billable message
data and/or access usage data to the agreed upon billing LSP
location.
III. BASIS OF COMPENSATION
A. LSP agrees to pay SWBT a per record charge for billable
message records and/or access usage records that are received
from LSP and destined for delivery to another location for
billing, at the rates listed below:
Per Record Charge
Full Status RAO Company
Hosting Company Network $.002
National CMDS Network $.005
Non-Full Status RAO Company
Hosting Company Network $.007
National CMDS Network $.010
B. As part of this per record charge, SWBT will provide
Confirmation and/or Error Reports and any Intercompany
Settlement (ICS) Reports, such as the Bellcore Client Company
Calling Card and Third Number Settlement System (BCC CATS), as
needed.
C. LSP agrees to pay SWBT a per record charge for billable
message records and/or access usage records which are entered
on a magnetic tape or data file for delivery to the LSP, at
the rate listed below:
Per Record Charge $.003
IV. LIABILITY
A. Any failure to populate accurate information in accordance
with Section II.A. above, will be the responsibility of the
LSP.
B. SWBT will not be liable for any costs incurred by the LSP when
the LSP is transmitting data files via data lines and a
transmission failure results in the non-receipt of data by
SWBT.
C. SWBT SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH, THIS
APPENDIX.
D. SWBT shall not be liable for any losses or damages arising out
of errors,
<PAGE> 103
APPENDIX HOST
PAGE 5 OF 5
interruptions, defects, failures, or malfunction of the
services provided hereunder, including any and all associated
equipment and data processing systems, except such losses or
damages caused by the sole negligence of SWBT. Any losses or
damage for which SWBT is held liable under this Appendix shall
in no event exceed the amount of charges made for the services
provided hereunder during the period beginning at the time
SWBT receives notice of the error, interruption, defect,
failure or malfunction to the time service is restored.
E. The LSP agrees to release, defend, indemnify, and hold
harmless SWBT from any and all losses, damages, or other
liability, including attorney fees, that it may incur as a
result of claims, demands, or other suits brought by any party
that arise out of the use of this service by the LSP. The LSP
shall defend SWBT against all end user claims just as if LSP
had provided such service to its end users with its own
employees.
F. The LSP also agrees to release, defend, indemnify and hold
harmless SWBT from any claim, demand or suit that asserts any
infringement or invasion of privacy or confidentiality of any
person(s), caused or claimed to be caused, directly or
indirectly, by SWBT employees and equipment associated with
provision of this service. This includes, but is not limited
to suits arising from disclosure of any customer specific
information associated with either the originating or
terminating numbers used to provision this service.
VI. DISCLAIMER OF WARRANTIES
SWBT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR
FITNESS FOR INTENDED OR PARTICULAR PURPOSE WITH RESPECT TO SERVICES
PROVIDED HEREUNDER. ADDITIONALLY, SWBT ASSUMES NO RESPONSIBILITY WITH
REGARD TO THE CORRECTNESS OF THE DATA SUPPLIED BY LSP WHEN THIS DATA IS
ACCESSED AND USED BY A THIRD PARTY.
<PAGE> 104
APPENDIX ITR
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APPENDIX ITR
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APPENDIX ITR
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APPENDIX ITR
(TRUNKING REQUIREMENTS)
This Appendix provides descriptions of the trunking requirements for the LSP and
SWBT interconnection. The attached scenarios depict the recommended trunk groups
for local, intraLATA toll, interLATA "meet point", mass calling, E911 and
Operator Services interconnection. All references to incoming and outgoing trunk
groups are from the perspective of the LSP.
I. LOCAL TRAFFIC AND INTRALATA TOLL TRAFFIC
A. LSP Originating (LSP to SWBT)
When SWBT has a combined local and access tandem in an
exchange, IntraLATA Toll Traffic may be combined with the
Local Traffic on the same trunk group. When SWBT has more than
one combined local and access tandem in an exchange, the LSP
shall provide a separate trunk group to each SWBT tandem. When
there are separate SWBT access and local tandems in an
exchange, a separate local trunk group shall be provided to
the local tandem and a separate IntraLATA toll trunk group
shall be provided to the access tandem. This trunk group(s)
shall be one-way or two-way directionalized outgoing only and
will utilize Signaling System 7 (SS7) or multifrequency (MF)
protocol signaling.
B. LSP Terminating (SWBT to LSP)
When SWBT has a combined local and access tandem, SWBT shall
normally combine the Local and IntraLATA Toll Traffic over a
single trunk group to the LSP. When SWBT has a separate access
and local tandem in an exchange, a trunk group shall be
established from each tandem to the LSP. This trunk group(s)
shall be one-way or two-way directionalized incoming only and
will utilize SS7 or MF protocol signaling.
C. Direct End Office Trunking
The Parties shall establish direct end office primary high
usage trunk groups for Local Traffic and/or IntraLATA Toll
Traffic when end office traffic requires twelve or more trunks
on a shared facility or 24 trunks on a dedicated facility. If
LSP has established collocation to the end office, the trunks
shall be provisioned over the LSP collocation facility. If the
LSP has no collocation facilities, SWBT shall provision the
trunks from the POI to the end office. IntraLATA Toll Traffic
shall be provided over a separate trunk group to the SWBT
access tandem.
D. Two Way Trunking
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Directionalized trunking specified in paragraphs I.A through
I.C above may be converted to two way trunking after an
initial period of traffic assessment no less than 6 months nor
more than 12 months unless otherwise mutually agreed upon.
Conversion to two way trunking is also conditional on both
parties agreeing to exchange traffic data and having
implemented such an exchange using the Data Interexchange
Carrier (DIXC) process via a Network Data Mover (NDM) or FTP
computer to computer file transfer interface. The traffic data
to be exchanged will be the Peg Count, Usage (measured in
one-hundred call seconds), Overflow and Maintenance Usage from
each end of the two way trunk group on a 7 day per week, 24
hour per day, 52 weeks per year basis. Two way trunking will
be jointly provisioned and maintained. Both Parties will agree
on who will have administrative control for the purpose of
issuing ASRs.
II. ACCESS TOLL CONNECTING TRUNKS
InterLATA traffic shall be transported between the LSP Central Office
and the SWBT access tandem over a "meet point" trunk group separate
from local and intraLATA toll traffic. The access toll connecting trunk
group will be established for the transmission and routing of Exchange
Access traffic between the LSP's end users and interexchange carriers
via a SWBT access tandem. When SWBT has more than one access tandem
within an exchange, the LSP shall utilize a single access toll
connecting trunk group to one SWBT tandem within the exchange. This
trunk group may be set up as one-way or two-way (two-way is preferred)
and will utilize SS7 or MF protocol signaling. The traffic use code and
modifier for this trunk group should be MDJ (see Scenario 1, 2, 3, or
4).
III. 800 (888) TRAFFIC
A. If the LSP chooses SWBT to handle 800 (888) database queries
from its central office switches, all the LSP originating 800
(888) service queries will be routed over the InterLATA
Interexchange Carrier (MDJ) trunk group. This traffic will
include a combination of both Interexchange Carrier 800 (888)
service and LEC 800 (888) service that will be identified and
segregated by carrier through the database query handled
through the SWBT tandem switch.
B. A separate trunk group from each Party to the other will be
required for IntraLATA 800 service if either Party chooses to
handle the 800 database queries from its switch location. The
purpose of the separate trunk group is to provide for the
segregation of originating 800 IntraLATA call volumes to
ensure the proper billing of intercompany settlement
compensation.
C. The trunk group shall be set up as one-way outgoing only and
will utilize SS7 protocol signaling. The traffic use code and
modifier for this trunk group should be DD800J (see Scenario
1, 2, 3, or 4).
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IV. E911
A segregated trunk group will be required to each appropriate E911
tandem within the exchange in which the LSP offers the Exchange
Service. This trunk group shall be set up as a one-way outgoing only
and shall utilize MF CAMA signaling. The traffic use code and modifier
for this trunk group shall be ESJ (see Scenario 1, 2, 3, or 4).
V. MASS CALLING (PUBLIC RESPONSE CHOKE NETWORK)
A. A segregated trunk group shall be required to the designated
Public Response Choke Network tandem in each serving area.
This trunk group shall be one-way outgoing only and shall
utilize MF signaling. It is recommended that this group be
sized as follows:
<15001 access lines (AC) 2 trunks (min)
15001 to 25000 AC 3 trunks
25001 to 50000 AC 4 trunks
50001 to 75000 AC 5 trunks
>75000 AC 6 trunks (max)
B. The traffic use code and modifier for this trunk group shall
be TOCRJ (see Scenario 1, 2, 3, or 4).
VI. OPERATOR SERVICES
A. No Operator Contract:
Inward Operator Assistance (Toll Center (TC) Code plus 121) -
LSP may choose from two interconnection options for Inward
Operator Assistance as follows:
1. Option 1 - Interexchange Carrier (IXC) Carrier
LSP may utilize the Interexchange Carrier Network
(see Scenario 6). LSP operator will route its calls
requiring inward operator assistance through its
designated IXC POP to SWBT's TOPS tandem. SWBT shall
route its calls requiring inward operator assistance
to the LSP's Designated Operator Switch (TTC) through
the designated IXC POP.
2. Option 2 - LSP Operator Switch
LSP reports its switch as the designated serving
operator switch (TTC) for its NPA-NXXs and requests
SWBT to route its calls requiring inward operator
assistance to the LSP. This option requires a
segregated two-way (with MF signaling) trunk group
from SWBT's Access Tandem to the LSP switch. The
traffic use code and modifier for this trunk group
should
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be OAJ (see Scenario 7). LSP's operator will route
its calls requiring inward operator assistance to
SWBT's operator over an IXC network.
B. Operator Contract with SWBT:
1. Directory Assistance (DA):
LSP may contract for DA services only. A segregated
trunk group for these services would be required to
SWBT's TOPS tandem. This trunk group is set up as
one-way outgoing only and utilizes MF and Operator
Services signaling. The traffic use code and modifier
for this trunk group should be DAJ (see Scenario 5).
2. Directory Assistance Call Completion (DACC):
LSP contracting for DA services may also contract for
DACC. This requires a segregated one-way trunk group
to SWBT's TOPS tandem. This trunk group is set up as
one-way outgoing only and utilizes MF signaling. The
traffic use code and modifier for this trunk group
should be DACCJ (see Scenario 5).
3. Busy Line Verification:
When SWBT's operator is under contract to verify the
LSP's end user loop, SWBT will utilize a segregated
one-way with MF signaling trunk group from SWBT's
Access Tandem to the LSP switch. The traffic use
code and modifier for this trunk group should be VRJ
(see Scenario 5).
4. Operator Assistance (0+, 0-):
This service requires a one-way trunk group from
the LSP switch to SWBT's TOPS tandem. Two types of
trunk groups may be utilized. If the trunk group
transports DA/DACC, the trunk group will be
designated as ETCMFJ (0-, 0+, DA, DACC) (see Scenario
5). If DA is not required or is transported on a
segregated trunk group, then the group will be
designated as ETCM2J (see Scenario 5). MF and
Operator Services signaling will be required on the
trunk group.
VII. TRUNK DESIGN BLOCKING CRITERIA
Trunk forecasting and servicing for the Local and IntraLATA Toll trunk
groups shall be based on the industry standard objective of two percent
(2%) overall time consistent average busy season busy hour loads (one
percent (1%) from the End Office to the Tandem and one percent (1%)
from the Tandem to the End Office based on Neil Wilkinson B.01M [Medium
Day-to-Day Variation] until traffic data is available). Listed
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below are the trunk group types and their objectives:
Trunk Group Type Blocking Objective (Neil Wilkinson M)
---------------- -------------------------------------
Local Tandem 1%
Local Direct 2%
IntraLATA Interexchange 1%
911 1%
Operator Services (DA/DACC) 1%
Operator Services (0+, 0-) 0.5%
InterLATA Tandem 0.5%
VIII. FORECASTING/SERVICING RESPONSIBILITIES
A. Both Parties agree to provide an initial forecast for
establishing the initial interconnection facilities.
Subsequent forecasts will be provided no less than on a
semi-annual basis (concurrent with the publication of the SWBT
General Trunk Forecast including yearly forecasted trunk
quantities for all trunk groups described in this Appendix for
a minimum of three years and the use of Common Language
Location Identifier (CLLI-MSG) which is described in Bellcore
documents BR795-100-100 and BR795-400-100) or as mutually
agreed between the Parties. Trunk analyses will be performed
on a monthly basis at a minimum.
B. SWBT shall be responsible for forecasting and servicing the
trunk groups terminating to the LSP. LSP shall be responsible
for forecasting and servicing the trunk groups terminating to
SWBT end users and/or to be used for tandem transit to other
provider's networks, operator services and DA service, and
interLATA toll service. Standard trunk traffic engineering
methods will be used as described in Bell Communications
Research, Inc. (Bellcore) document SR-TAP-000191, Trunk
Traffic Engineering Concepts and Applications.
IX. TRUNK SERVICING
A. Orders between the Parties to establish, add, change or
disconnect trunks shall be processed by use of an Access
Service Request ("ASR").
B. All Parties shall jointly manage the capacity of local
Interconnection Trunk Groups. Either Party may send the other
Party an ASR to initiate changes to the Local Interconnection
Trunk Groups that the ordering Party desires based on the
ordering Party's capacity assessment. The receiving Party will
issue a Firm Order Confirmation ("FOC") and a Design Layout
Record ("DLR") to the ordering Party within five (5) business
days after receipt of the ASR.
C. Orders that comprise a major project (i.e., 5 DS1s or more)
shall be submitted in a timely fashion, and their
implementation shall be jointly planned and coordinated.
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D. SWBT will process trunk service requests submitted via a
properly completed ASR within twenty (20) business days of
receipt of such ASR. Facilities must also be in place before
trunk orders can be completed.
E. In the event that a Party requires trunk servicing within
shorter time intervals than those provided for in this Article
IX due to a bona fide end user demand, such Party may
designate its ASR as an "Expedite" and the other Party shall
use best efforts to issue its FOC and DLR and install service
within the requested interval.
F. Each Party shall be responsible for engineering their networks
on their side of the POI.
X. SERVICING OBJECTIVE/DATA EXCHANGE
Each Party agrees to service trunk groups to the foregoing blocking
criteria in a timely manner when trunk groups exceed measured blocking
thresholds on an average time consistent busy hour for a 20 business
day study period. Upon request, each Party will make available to the
other, trunk group measurement reports for trunk groups terminating in
the requesting Party's network. These reports will contain offered
load, measured in CCS (100 call seconds), that has been adjusted to
consider the effects of overflow, retrials and day-to-day variation.
They will also contain overflow CCS associated with the offered load,
day-to-day variation, peakedness factor, the date of the last week in
the four week study period and the number of valid days of measurement.
These reports shall be made available at a minimum on a semi-annual
basis upon request.
XI. SPECIFICATIONS
All DS-1 and DS-3 facilities utilized for trunking established or
employed by the Parties for purposes of this Appendix shall meet the
specifications set forth in SWBT's TP-76625 dated June, 1990 and
TP-76839 dated January, 1996.
XII. TRUNK FACILITY UNDER UTILIZATION
A. At least once a year the Parties shall exchange trunk group
measurement reports as detailed above for trunk groups
terminating to the other Party's network. Each Party will
determine the required trunks for each of the other Party's
trunk groups for the previous twelve (12) months. Required
trunks will be based on the Blocking Objectives under "Trunk
Design Blocking Criteria" above and time consistent average
busy hour usage measurements from the highest four (4)
consecutive week (twenty (20) business day) study. Trunk
groups with excess capacity will be identified to the other
Party as eligible for downsizing. Excess capacity exists when
a trunk group, on a modular trunk group design basis, has
forty-eight (48) trunks (two (2) modular digroups) or ten
percent (10%), whichever is larger, over the required number
of trunks.
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B. The party with excess trunking capacity will assess the trunk
capacity based on forecasted requirements and agrees to
disconnect trunks in excess of forecasted requirements for the
next twelve (12) months. If after twelve (12) months the trunk
group continues to have excess capacity the Party agrees to
take timely steps to disconnect all excess capacity.
C. Where available and upon the request of the other Party, each
Party shall cooperate to ensure that its trunk groups are
configured utilizing the B8ZS ESF protocol for 64 kbps clear
channel transmission to allow for ISDN interoperability
between the Parties' respective networks.
D. Installation, Maintenance, Testing and Repair. SWBT's standard
intervals for Feature Group D Switched Exchange Access
Services will be used for Interconnection trunks as specified
in the most current SWBT Accessible Letter, currently
SWA96-036, dated April 15, 1996. LSP shall meet the same
intervals for comparable installations, maintenance, joint
testing, and repair of its facilities and services associated
with or used in conjunction with Interconnection or shall
notify SWBT of its inability to do so and will negotiate such
intervals in good faith.
<PAGE> 112
APPENDIX ITR-SCENARIOS
PAGE 1 OF 7
SWBT/BIRCH
SCENARIO 1
SINGLE RATE AREA - COMBINED SWBT LOCAL/ACCESS TANDEM
WITHOUT DIRECT END OFFICE, ILEC OR IXC TRUNKING
[FLOW CHART]
TRAFFIC USE/MODIFIER DESCRIPTION
-------------------- -----------
1. DDJ INTRALATA AND LOCAL (SS7 SIGNALING)
2. TCJ INTRALATA AND LOCAL (SS7 SIGNALING)
3. TOCRJ MASS CALLING (MF SIGNALING)
4. DD800J INTRALATA 800 (MAXIMIZER 800)(SS7 SIGNALING)#
5. MDJ INTERLATA ONLY (MF SIGNALING)@
6. MDJ INTERLATA ONLY (SS7 SIGNALING)
7. ESJ EMERGENCY SERVICE (MF SIGNALING)
@ Required at the Dallas 4 ESS switch only for 10XXXX # cut through and Feature
Group B over D
# Required if SWBT does not perform database query for the LSP
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APPENDIX ITR-SCENARIOS
PAGE 2 OF 7
SWBT/BIRCH
SCENARIO 2
SINGLE RATE AREA - COMBINED SWBT LOCAL/ACCESS TANDEM
WITH SOME DIRECT END OFFICE, ILEC AND IXC TRUNKING
[FLOW CHART]
TRAFFIC USE/MODIFIER DESCRIPTION
-------------------- -----------
1. IEJ LOCAL ONLY (SS7 SIGNALING)
2. IEJ LOCAL ONLY (SS7 SIGNALING)
3. DDJ INTRALATA AND LOCAL (SS7 SIGNALING)
4. TCJ INTRALATA AND LOCAL (SS7 SIGNALING)
5. TOCRJ MASS CALLING (MF SIGNALING)
6. DD800J INTRALATA 800 (MAXIMIZER 800) (SS7 SIGNALING)#
7. MDJ INTERLATA ONLY (MF SIGNALING)@
8. MDJ INTERLATA ONLY (SS7 SIGNALING)
9. ESJ EMERGENCY SERVICE (MF SIGNALING)
@ Required at the Dallas 4 ESS switch only for 10XXXX# cut through and Feature
Group B over D
# Required if SWBT does not perform the database query for the LSP
<PAGE> 114
APPENDIX ITR - SCENARIOS
PAGE 3 OF 7
SWBT/BIRCH
SCENARIO 3
SINGLE RATE AREA - SEPARATE SWBT LOCAL AND ACCESS
TANDEMS WITHOUT DIRECT END OFFICE, ILEC OR IXC TRUNKING
[FLOW CHART]
TRAFFIC USE/MODIFIER DESCRIPTION
-------------------- ---------------------------------------------
1. TOJ LOCAL ONLY (SS7 SIGNALING)
2. TGJ LOCAL ONLY (SS7 SIGNALING)
3. TOCRJ MASS CALLING (MF SIGNALING)
4. DD800J INTRALATA 800 (MAXIMIZER 800) (SS7 SIGNALING)#
5. DDJ INTRALATA ONLY (SS7 SIGNALING)
6. TCJ INTRALATA ONLY (SS7 SIGNALING)
7. MDJ INTERLATA ONLY (SS7 SIGNALING)
8. ESJ EMERGENCY SERVICE (MF SIGNALING)
# Required if SWBT does not perform the database query for the LSP.
<PAGE> 115
APPENDIX ITR-SCENARIOS
PAGE 4 OF 7
SWBT/BIRCH
SCENARIO 4
SINGLE RATE AREA - SEPARATE SWBT LOCAL AND ACCESS
TANDEMS WITH SOME DIRECT END OFFICE, ILEC AND IXC TRUNKING
[FLOW CHART]
TRAFFIC USE/MODIFIER DESCRIPTION
1. IEJ LOCAL ONLY (SS7 SIGNALING)
2. IEJ LOCAL ONLY (SS7 SIGNALING)
3. TOJ LOCAL ONLY (SS7 SIGNALING)
4. TGJ LOCAL ONLY (SS7 SIGNALING)
5. TOCRJ MASS CALLING (MF SIGNALING)
6. DD800J INTRALATA 800 (MAXIMIZER 800) (SS7 SIGNALING)#
7. DDJ INTRALATA ONLY (SS7 SIGNALING)
8. TCJ INTRALATA ONLY (SS7 SIGNALING)
9. MDJ INTERLATA ONLY (SS7 SIGNALING)
10. ESJ EMERGENCY SERVICE (MF SIGNALING)
# Required if SWBT does not perform database query for the LSP
<PAGE> 116
APPENDIX ITR -- SCENARIOS
PAGE 5 OF 7
SWBT/BIRCH
SCENARIO 5
SINGLE RATE AREA - COMBINED SWBT LOCAL/ACCESS TANDEM
WHERE SWBT IS THE OPERATOR SERVICES PROVIDER FOR THE LSP
[FLOW CHART]
TRAFFIC USE/MODIFIER DESCRIPTION
-------------------- -----------------------------------------------------
1. VRJ BUSY LINE VERIFICATION (MF SIGNALING)#
2. DAJ or DACCJ DIRECTORY ASSISTANCE or DIRECTORY ASSISTANCE CALL
COMPLETION (MF SIGNALING, OPERATOR SERVICES SIGNALING)
3. ETCM2J 0-, 0+ COMBINED COIN AND NONCOIN
(MF SIGNALING, OPERATOR SERVICES SIGNALING)
4. ETCMFJ 0-, 0+ DA, DACC COMBINED COIN AND NONCOIN
(MF SIGNALING, OPERATOR SERVICES SIGNALING)
# Busy Line Verification is sometimes trunked out from the TOPS Tandem rather
than the Access Tandem.
Revised 1/7/97
LSP5.AF3
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APPENDIX ITR - SCENARIOS
PAGE 6 OF 7
SWBT/BIRCH
SCENARIO 6
SINGLE RATE AREA - COMBINED SWBT LOCAL/ACCESS TANDEM
WHERE SWBT IS NOT THE OPERATOR SERVICES PROVIDER FOR THE LSP
121 INWARD OPERATOR ASSISTANCE
[Flow Chart]
NOTE: THIS SCENARIO WOULD USE EXISTING INTEREXCHANGE CARRIER NETWORK.
<PAGE> 118
APPENDIX ITR - SCENARIOS
PAGE 7 OF 7
SWBT/BIRCH
SCENARIO 7
SINGLE RATE AREA - COMBINED SWBT LOCAL/ACCESS TANDEM
WHERE SWBT IS NOT THE OPERATOR SERVICES PROVIDE
FOR THE LSP AND THE LSP'S SWITCH IS THE DESIGNATED
OPERATOR SWITCH (TTC) FOR 121 INWARD ASSISTANCE
[FLOW CHART]
TRAFFIC USE/MODIFIER DESCRIPTION
-------------------- ----------------------------------------------
1. OAJ ACCESS TO INWARD OPERATOR (121) (MF SIGNALING)
<PAGE> 119
APPENDIX MAP
KANSAS CITY, MISSOURI
SWBT OPTIONAL CALLING AREAS
- FARLEY
- SMITHVILLE
EXCELSIOR SPRINGS
RICHMOND
GRAIN VALLEY
GREENWOOD
ARCHIE
ILEC MANDATORY AREAS
- FERRELVIEW
<PAGE> 120
APPENDIX MAP
ST. LOUIS, MISSOURI
SWBT OPTIONAL CALLING AREAS
- PORTAGE DES SIOUX
ST. CHARLES
CHESTERFIELD
MANCHESTER
VALLEY PARK
FENTON
MAXVILLE
IMPERIAL
- HARVESTER
POND
EUREKA
HIGH RIDGE
ANTONIA
HERCULANEUM
GRAY SUMMIT
PACIFIC
CEDAR HILL
WARE
HILLSBORO
FESTUS
DESOTO
<PAGE> 121
APPENDIX NIM
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APPENDIX NIM
<PAGE> 122
APPENDIX NIM
PAGE 2 OF 6
APPENDIX NETWORK INTERCONNECTION METHODS (NIM)
This Appendix NIM designates Network Interconnection Methods (NIMs) to
be used by the Parties. These include, but are not limited to: MidSpan Fiber
Interconnection (MSFI); Virtual Collocation Interconnection; SONET Based
Interconnection; Physical Collocation Interconnection; leasing of SWBT
facilities; and other methods as mutually agreed to by the Parties.
I. MID-SPAN FIBER INTERCONNECTION (MSFI)
Mid-Span Fiber Interconnection (MSFI) between Southwestern Bell
Telephone (SWBT) and LSP can occur at any mutually agreeable,
economically and technically feasible point between LSP's premises and
a SWBT tandem or end office. This interconnection will be on a
point-to-point SONET system over single mode fiber optic cable.
MSFI may be used to provide interconnection trunking as defined in
Appendix ITR.
A. There are two basic mid-span interconnection designs:
1. Design One: LSP's fiber cable and SWBT's fiber cable
are connected at an economically and technically
feasible point between the LSP location and the last
entrance manhole at the SWBT central office.
The Parties may agree to a location with access to an
existing SWBT fiber termination panel. In these
cases, the network interconnection point (POI) shall
be designated outside of the SWBT building, even
though the LSP fiber may be physically terminated on
a fiber termination panel inside of a SWBT building.
In this instance, LSP will not incur fiber
termination charges and SWBT will be responsible for
connecting the cable to the SWBT facility.
The Parties may agree to a location with access to an
existing LSP fiber termination panel. In these cases,
the network interconnection point (POI) shall be
designated outside of the LSP building, even though
the SWBT fiber may be physically terminated on a
fiber termination panel inside of an LSP building. In
this instance, SWBT will not incur fiber termination
charges and LSP will be responsible for connecting
the cable to the LSP facility.
If a suitable location with an existing fiber
termination panel cannot be agreed upon, LSP and SWBT
shall mutually determine provision of a fiber
termination panel housed in an outside, above ground,
cabinet placed at the physical POI. Ownership and the
cost of provisioning the panel will be negotiated
between the two parties.
<PAGE> 123
APPENDIX NIM
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2. Design Two: LSP will provide fiber cable to the last
entrance manhole at the SWBT tandem or end office
switch with which LSP wishes to interconnect. LSP
will provide a sufficient length of fiber optic cable
for SWBT to pull the fiber cable to the SWBT cable
vault for termination on the SWBT fiber distribution
frame (FDF). In this case the POI shall be at the
manhole location.
Each Party is responsible for designing,
provisioning, ownership and maintenance of all
equipment and facilities on its side of the POI. Each
Party is free to select the manufacturer of its Fiber
Optic Terminal (FOT). Neither Party will be allowed
to access the Data Communication Channel (DCC) of the
other Party's FOT. The Parties will work
cooperatively to achieve equipment compatibility.
B. The Parties will mutually agree upon the precise terms of each
mid-span interconnection facility. These terms will cover the
technical details of the interconnection as well as other
network interconnection, provisioning and maintenance issues.
C. The LSP location includes FOTs, multiplexing and fiber
required to take the optical signal handoff from SWBT for
interconnection trunking as outlined in Appendix ITR.
D. The fiber connection point may occur at several locations:
1. a location with an existing SWBT fiber termination
panel. In this situation, the POI shall be outside
the SWBT building which houses the fiber termination
panel;
2. a location with access to an existing LSP fiber
termination panel. In these cases, the network
interconnection point (POI) shall be designated
outside of the LSP building, even though the SWBT
fiber may be physically terminated on a fiber
termination panel inside a LSP building;
3. a location with no existing SWBT fiber termination
panel. In this situation, SWBT and LSP will negotiate
provisioning, maintenance and ownership of a fiber
termination panel and above ground outside cabinet as
a POI and for connection of the fiber cables;
4. a manhole outside of the SWBT central office. In this
situation, LSP will provide sufficient fiber optic
cable for SWBT to pull the cable into the SWBT cable
vault for termination on the SWBT FDF. The POI will
be at the manhole and SWBT will assume maintenance
responsibility for the
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APPENDIX NIM
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fiber cabling from the manhole to the FDF.
E. The SWBT tandem or end office switch includes all SWBT FOT,
multiplexing and fiber required to take the optical signal
hand-off provided from LSP for interconnection trunking as
outlined in Appendix ITR. This location is SWBT's
responsibility to provision and maintain.
F. In both designs, LSP and SWBT will mutually agree on the
capacity of the FOT(s) to be utilized. The capacity will be
based on equivalent DS1s that contain trunks and interLATA
traffic. Each Party will also agree upon the optical frequency
and wavelength necessary to implement the interconnection. The
Parties will develop and agree upon methods for the capacity
planning and management for these facilities, terms and
conditions for over provisioning facilities, and the necessary
processes to implement facilities as indicated below. These
methods will meet quality standards as mutually agreed to by
LSP and SWBT.
II. AVOIDANCE OF OVER PROVISIONING
Underutilization is the inefficient deployment and use of the network
due to forecasting a need for more capacity than actual usage requires,
and results in unnecessary costs for SONET systems. To avoid over
provisioning, the Parties will agree to joint facility growth planning
as detailed below.
III. JOINT FACILITY GROWTH PLANNING
The initial fiber optic system deployed for each interconnection shall
be the smallest standard available, unless otherwise agreed. For SONET
this is an OC-3 system. The following list the criteria and processes
needed to satisfy additional capacity requirements beyond the initial
system.
A. Criteria:
1. Investment is to be minimized;
2. Facilities are to be deployed in a "just in time"
fashion.
B. Processes
1. discussions to provide relief to existing facilities
will be triggered when either Party recognizes that
the overall system facility (DS1s) is at 90%
capacity;
2. both Parties will perform a joint validation to
ensure current trunks have
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APPENDIX NIM
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not been over-provisioned. If any trunk groups are
over-provisioned, trunks will be turned down as
appropriate. If any trunk resizing lowers the fill
level of the system below 90%, the growth planning
process will be suspended and will not be reinitiated
until a 90% fill level is achieved. Trunk design
blocking criteria described in Appendix ITR will be
used in determining trunk group sizing requirements
and forecasts;
3. if based on the forecasted equivalent DS1 growth, the
existing fiber optic system is not projected to
exhaust within one year, the Parties will suspend
further relief planning on this interconnection until
a date one year prior to the projected exhaust date.
If growth patterns change during the suspension
period, either Party may re-initiate the joint
planning process;
4. if the placement of a minimum size FOT will not
provide adequate augmentation capacity for the joint
forecast over a two year period, and the forecast
appears reasonable based upon history, the next
larger system may be deployed. In the case of a SONET
system, the OC-3 system could be upgraded to an
OC-12. If the forecast does not justify a move to the
next larger system, another minimal size system (such
as on OC-3) could be placed. This criteria assumes
both Parties have adequate fibers for either
scenario. If adequate fibers do not exist, both
Parties would negotiate placement of additional
fibers;
5. both Parties will negotiate a project service date
and corresponding work schedule to construct relief
facilities in an effort to achieve "just in time"
deployment;
6. the joint planning process/negotiations should be
completed within two months of identification of 90%
fill.
IV. VIRTUAL COLLOCATION INTERCONNECTION
The description of Virtual Collocation Interconnection is contained in
SWBT's Virtual Collocation tariffs (i.e., SWBT's Tariff F.C.C. No. 73).
V. SONET-BASED INTERCONNECTION
The description of SONET-Based Interconnection is contained in SWBT's
Sonet-Based Interconnection tariffs (i.e., SWBT's Tariff F.C.C. No.
73).
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VI. PHYSICAL COLLOCATION INTERCONNECTION
SWBT will provide Physical Collocation Interconnection on
nondiscriminatory terms and conditions at the time LSP requests such
interconnection.
VII. LEASING OF SWBT'S FACILITIES
LSP's leasing of SWBT's facilities for purposes of network
interconnection will be subject to the agreement of the Parties.
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APPENDIX PORT
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APPENDIX PORT
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APPENDIX PORT
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APPENDIX PORT
I. GENERAL
SWBT and LSP will provide Interim Number Portability (INP) in
accordance with requirements of the Act. INP will be provided by each
Party to the other upon request. INP will be provided with minimum
impairment of functionality, quality, reliability and convenience to
subscribers of LSP or SWBT. The Parties will provide Permanent Number
Portability (PNP) as soon as it is technically feasible, in conformance
with FCC rules and the Act, and will participate in development of PNP
in the state, in accordance with the FCC's First Report and Order in
Docket No. 95-116 (hereinafter called the Number Portability Order). As
described herein, INP is a service arrangement whereby an end user, who
switches subscription of exchange service from one provider to another
is permitted to retain, for its use, the existing assigned number
provided that the end user remains in the same serving wire center.
II. TERMS, CONDITIONS UNDER WHICH SWBT SHALL PROVIDE INP
A. Service Provided
1. SWBT shall only provide INP, as described herein, to
LSP.
2. SWBT shall only provide INP services and facilities
where technically feasible, subject to the
availability of facilities, and only from properly
equipped central offices. SWBT does not offer INP
services and facilities for NXX codes 555, 976, 950.
3. SWBT shall not provide INP services for end user
accounts where the end user's payments are thirty
(30) days or more in arrears, or where contract
termination liabilities would be assessed by SWBT to
the end user, unless full payment is made, or an
agreement is reached where LSP agrees to make full
payment on the end user's behalf, including any
termination amounts due or the Parties otherwise
agree.
4. When the exchange service offerings associated with
INP service are provisioned using remote switching
arrangements, SWBT shall make INP service available
from, or to the host central offices.
B. Obligations Of SWBT
SWBT's sole responsibility is to comply with the service
requests it receives from LSP and to provide INP in accordance
with this Appendix.
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C. Obligations Of LSP
1. LSP shall coordinate the provision of service with
SWBT to assure that LSP's switch is capable of
accepting INP ported traffic.
2. LSP is solely responsible to provide equipment and
facilities that are compatible with SWBT's service
parameters, interfaces, equipment and facilities. LSP
shall provide sufficient terminating facilities and
services at the terminating end of an INP call to
adequately handle all traffic to that location and
shall ensure that its facilities, equipment and
services do not interfere with or impair any
facility, equipment or service of SWBT or any of its
end users. In the event that SWBT determines in its
sole judgment that LSP will likely impair or is
impairing, or interfering with any equipment,
facility or service of SWBT or any of its end users,
SWBT may either refuse to provide INP service or
terminate it in accordance with other provisions of
this Agreement or SWBT's tariffs.
3. LSP shall provide an appropriate intercept
announcement service for any telephone numbers
subscribed to INP service for which LSP is not
presently providing exchange service or terminating
to an end user, to the extent LSP desires such an
announcement.
4. Where LSP chooses to disconnect or terminate any INP
service, LSP shall designate which standard SWBT
intercept announcement SWBT shall provide for
disconnected number.
5. LSP shall designate to SWBT at the time of its
initial service request for INP service one of the
following options for handling and processing of
Calling Card, Collect, Third Party, and other
operator handled non-sent paid calls from or to LSP
assigned telephone numbers:
a. LSP may elect to block the completion of
third number and calling card calls through
the use of LIDB to select ported numbers.
b. For non-sent paid calls billed to INP
assigned numbers, a separate
sub-clearinghouse billing arrangement must
be established which will provide for the
transmission of the EMR 01-01-01 billing
records, and settlement of toll revenues.
D. Limitations Of Service
1. SWBT is not responsible for adverse effects on any
service, facility or equipment from the use of INP
service.
2. End-to-end transmission characteristics may vary
depending on the
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APPENDIX PORT
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distance and routing necessary to complete calls over
INP facilities and the fact that another carrier is
involved in the provisioning of service. Therefore,
end-to-end transmission characteristics cannot be
specified by SWBT for such calls.
E. Service Descriptions
1. INP-REMOTE. INP-Remote is a service whereby a call
dialed to an INP-Remote equipped telephone number,
assigned to SWBT, is automatically forwarded to an
LSP-assigned, 7 or 10 digit telephone number. The
forwarded-to number is specified by LSP at the same
location.
a. INP-Remote provides an initial call path and
two additional paths for the forwarding of
no more than three (3) simultaneous calls to
LSP's specified forwarded-to number.
Additional call paths are available on a per
path basis.
b. The LSP-assigned forwarded-to number shall
be treated as two separate calls with
respect to interconnection compensation, end
user toll billing and intercompany
settlement and access billing, i.e., an
incoming call to the SWBT ported number
shall be handled like any other SWBT call
being terminated to that end office and the
ported call to LSP assigned telephone number
in LSP switch shall be handled as any local
calls between SWBT and LSP.
c. Where facilities exist, SWBT will provide
identification of the originating telephone
number, via SS7 signaling, to LSP.
2. INP-DIRECT. INP-Direct is a service which provides
for the delivery of the called (dialed) number to
LSP's switching (central office or premises)
equipment for identification and subsequent routing
and call completion.
a. INP-Direct is available either on a per
voice grade channel basis or a per DS1 (24
equivalent voice grade channels) basis.
(1) Where the location of LSP's
switching equipment to which SWBT is
providing voice grade or DS1
INP-Direct service resides outside
the exchange or central office
serving area from which the
INP-Direct service is purchased, LSP
shall pay applicable interoffice
mileage charges as specified in the
applicable state Special Access
Tariff.
b. INP-Direct service must be established with
a minimum configuration of two (2) voice
grade channels and one unassigned telephone
number per SWBT switch. Transport facilities
arranged
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for INP-Direct may not be mixed with any
other type of trunk group. Outgoing calls
may not be placed over facilities arranged
for INP-Direct service.
c. SS7 Signaling is not available on the
INP-Direct facilities.
F. Pricing
1. The Parties will comply with all effective FCC,
Commission and/or court Orders governing INP cost
recovery and compensation. The Parties acknowledge
that the Telephone Number Portability Order is
subject to pending Petitions for Reconsideration and
may be subject to appeal. As such, the Number
Portability Order may be reconsidered, revised and
remanded, or vacated, subject to further proceedings
before the FCC. As such, until a final decision is
rendered on INP cost recovery, the Parties agree to
track the costs associated with the implementation
and provision of INP and to "true-up" INP-related
accruals to reflect the final terms of any such
order.
2. Neither Party waives its rights to advocate its views
on INP cost recovery, or to present before any
appropriate regulatory agency or court its views on
FCC or Commission actions pertaining to INP cost
recovery.
<PAGE> 132
LSP SERVING AREA DESCRIPTION AND E9-1-1 INTERCONNECTION DETAILS
LSP NAME & CONTACTS LSP "OCN" LSP Switch Name & Addr. Switch Type LSP NPA/NXX(s) included
CLLI Code # 9-1-1 Trunks Requested
E9-1-1 Manager LSP Telco ID
"Connect Signal" Digits (4) "Default" PSAP
1 - 1
Database Administrator Estimated # of EAAs ETST Code
LSP Service Area Definition:
Switch Site Contact
SWBT E9-1-1 SYSTEM CONFIGURATION ASSOCIATED WITH DESIGNATED E9-1-1 CONTROL OFFICE
E9-1-1 CONTROL OFFICE: PSAPs INCLUDED IN COMMUNITY E9-1-1 CUSTOMER and
CLLI Code: 9-1-1 SERVICE PLAN for MSAG PULL (3) AGENCY TYPE (see legend below)
E9-1-1 Features Required:
# of 9-1-1 Trunks from LSP:
MSAG Update Interval: Monthly
<FN>
FOOTNOTES: (1)
(2)
(3) MSAG will only include addresses within SWBT exchanges, unless specifically stated
otherwise.
(4) Refer to network interface specifications in Exhibit III.
</FN>
"TYPE of AGENCY" LEGEND:
HRC = Home Rule City
ECD = Emergency Communications District
COG = Council of Governments or Regional Planning Commission
GLC = General Law City
Cnty = County with special provisions (only applies to Dallas County)
Date Prepared
<PAGE> 133
APPENDIX TP
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APPENDIX TP
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APPENDIX TP
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ELECTRICAL/OPTICAL INTERFACES:
- SWBT Technical Publication TP-76839 - SONET Transmission Requirements
Performance and Interface Specifications, Issue 1, January 1996, or the most
current version.
- SWBT Technical Publication TP-76625 - High Capacity Digital Service
1.544 Mbs and 44.736 Mbs Requirements and Transmission Limits, Issue 1, June
1990, or the most current version.
INTERCONNECTION RESPONSIBILITIES RELATED TO SIGNALING:
- SWBT Technical Publication, TP-76638 - Common Channel Signaling Network
Interface Specifications
- GR-000246-CORE, Bell Communications Research Specifications of
Signaling System 7
- GR-000317-CORE, Switching System Requirements for Call Control Using
the Integrated Services Digital Network User Part
- GR-000394-CORE, Switching System Requirements for Interexchange Carrier
Interconnection Using the Integrated Services Digital Network User Part
- GR-000606-CORE, LATA Switching Systems Generic Requirements-Common
Channel Signaling-Section 6.5
- GR-000905-CORE, Common Channel Signaling Network Interface
Specification Supporting Network Interconnection Message Transfer Part (MTP) and
Integrated Digital Services Network User Part (ISDNUP)
COLLOCATION
- SWBT's Technical Publication for Physical Collocation (sixth revision
dated 2-18-97)
TECHNICAL EXHIBIT SETTLEMENT PROCEDURES
- TESP
<PAGE> 135
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APPENDIX RECORDING
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APPENDIX RECORDING
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APPENDIX RECORDING
RECORDING, MESSAGE PROCESSING AND
PROVISION OF INTEREXCHANGE CARRIER TRANSPORTED
MESSAGE DETAIL APPENDIX
This Appendix sets forth the terms and conditions under which SWBT will provide
recording, message processing and message detail services as described in total
in Exhibit I, SERVICES AND ASSOCIATED CHARGES, and those services specifically
selected by LSP as described in Exhibit II, SELECTED SERVICE OPTIONS AND METHOD
OF PROVISION, at the rates set forth in Exhibit III, BASIS OF COMPENSATION.
Exhibits I, II and III are attached hereto and made a part of this Appendix by
reference.
I. DEFINITIONS
As used herein and for the purposes of this Appendix, the following
terms shall have the meanings set forth below:
A. Access Usage Record (AUR) - a message record which contains
the usage measurement reflecting the service feature group,
duration and time of day for a message and is subsequently
used to bill access to Interexchange Carriers (IXCs).
B. Assembly and Editing - the aggregation of recorded customer
message details to create individual message records and the
verification that all necessary information required to ensure
all individual message records meet industry specifications is
present.
C. Billing Company - the company that bills end users for the
charges incurred in originating and terminating IXC
transported calls.
D. Centralized Message Distribution System (CMDS) - the national
network of private line facilities used to exchange Exchange
Message Records (EMR) formatted billing data between SWBT and
the Billing Company.
E. Data Transmission - the forwarding by SWBT of IXC transported
toll message detail and/or access usage record detail in EMR
format over data lines or on magnetic tapes to the appropriate
Billing Company.
F. Exchange Message Record (EMR) - Industry standard message
format as described in accordance with the Bellcore Practice
BR010-200-010 developed for the interexchange of
telecommunications message information.
G. Interexchange Carrier (IXC) - A third party transmission
provider that carries long distance voice and non-voice
traffic between user locations for a related recurring
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APPENDIX RECORDING
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fee. IXCs provide service interstate and intrastate. In some
states IXCs are permitted to operate within a LATA.
H. Interexchange Carrier Transported - telecommunications
services provided by an IXC or traffic transported by
facilities belonging to an IXC.
I. Message Processing - the creation of individual EMR formatted
billable message detail records from individual recordings
that reflect specific billing detail for use in billing the
end user and/or access usage records from individual
recordings that reflect the service feature group, duration
and time of day for a message, Carrier Identification Code,
among other fields, for use in billing access to the
Interexchange Carriers. Message Processing includes performing
CMDS online edits required to ensure message detail and access
usage records are consistent with CMDS specifications.
J. Originating Local Exchange Carrier Company - the company whose
local exchange telephone network is used to originate calls
thereby providing originating exchange access to IXCs.
K. Provision of Message Detail - the sorting of all billable
message detail and access usage record detail by Revenue
Accounting Office, Operating Company Number or Service Bureau,
splitting of data into packs for invoicing, and loading of
data into files for data transmission to LSP for those records
created internally or received from other Local Exchange
Carrier Companies or Interexchange Carriers through SWBT's
internal network or national CMDS.
L. Record - a logical grouping of information as described in the
programs that process information and create the magnetic
tapes or data files.
M. Recording - the creation and storage on magnetic tape or other
medium of the basic billing details of a message in Automatic
Message Accounting (AMA) format.
N. Service Switching Point (SSP) - a signaling point that can
launch queries to databases and receive/interpret responses
used to provide specific customer services.
O. Switching Control Point (SCP) - the real time database system
that contains routing instructions for 800 calls. In addition
to basic routing instructions, the SCP may also provide
vertical feature translations, i.e., time of day, day of week
routing, out of area screening and/or translation of the
dialed 800 number to its assigned working telephone number.
P. 800 SCP Carrier Access Usage Summary Record (SCP Record) - a
summary record which contains information concerning the
quantity and types of queries
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APPENDIX RECORDING
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launched to a SWBT SCP. In those situations where charges are
applicable for the production and delivery of SCP records,
such charges will be those specified in Exhibit III-A
pertaining to the production and forwarding of AUR data.
Q. Terminating Local Exchange Carrier Company - the company whose
local exchange telephone network is used to terminate calls
thereby providing terminating exchange access to IXCs.
II. RESPONSIBILITIES OF THE PARTIES
A. SWBT will record all IXC transported messages for LSP carried
over all Feature Group Switched Access Services that are
available to SWBT-provided recording equipment or operators.
Unavailable messages (i.e., certain operator messages which
are not accessible by SWBT-provided equipment or operators)
will not be recorded. The recording equipment will be provided
at locations selected by SWBT.
B. SWBT will perform assembly and editing, message processing and
provision of applicable access usage record detail for IXC
transported messages if the messages are recorded by SWBT.
C. SWBT will provide access usage records that are generated by
SWBT.
D. Assembly and editing will be performed on all IXC transported
messages recorded by SWBT, during the billing period
established by SWBT and selected by LSP from Exhibit III-B.
E. Standard EMR record formats for the provision of billable
message detail and access usage record detail will be
established by SWBT and provided to LSP.
F. Recorded access usage record detail will not be sorted to
furnish detail by specific end users, by specific groups of
end users, by office, by feature group or by location.
G. SWBT will provide message detail to LSP either on magnetic
tapes or in data files, depending on the option contracted for
by LSP in Exhibit III. Only ONE method may be selected by LSP.
1. Magnetic Tapes
a. SWBT will supply the magnetic tapes, which
will be provided without the return of
previously supplied tapes.
b. LSP will specify one of the following
options for provision of tapes:
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APPENDIX RECORDING
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1) SWBT may send the tapes to LSP via
first class U.S. Mail Service or an
equivalent service of SWBT's
choice, or
2) LSP may pick up the magnetic tapes
at a location designated by SWBT.
3) If, at the request of LSP,
overnight delivery other than those
provided in 1 & 2 above is
requested, the cost of this
delivery will be at the expense of
LSP.
2. Data Files
The message detail may be transmitted to LSP in data
files via data lines using software and hardware
acceptable to both parties.
H. In Exhibit III, LSP will identify separately the location
where the tapes and any data transmissions should be sent (as
applicable) and the number of times each month the information
should be provided. SWBT reserves the right to limit the
frequency of transmission to existing SWBT processing and work
schedules, holidays, etc.
I. SWBT will determine the number of magnetic tapes or data files
required to provide the access usage record detail to LSP.
J. Recorded access usage record detail previously provided LSP
and lost or destroyed through no fault of SWBT will not be
recovered and made available to LSP except on an individual
case basis at a cost determined by SWBT.
K. When SWBT receives rated billable messages from an IXC or
another Local Exchange Carrier (LEC) that are to be billed by
LSP, SWBT will forward those messages to LSP.
L. When SWBT has rated billable message detail originating from
LSP's end users requiring billing by another LEC or LSP, SWBT
will forward such messages to the appropriate Billing Company.
M. SWBT will record the applicable detail necessary to generate
access usage records and forward them to LSP for its use in
billing access to the IXC.
III. BASIS OF COMPENSATION
A. Compensation for recording, assembly and editing, rating,
message processing and provision of messages provided
hereunder by SWBT for LSP shall be based upon the rates and
charges set forth in Exhibit III, BASIS OF COMPENSATION.
B. When message detail is entered on a magnetic tape or data file
for provision of
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APPENDIX RECORDING
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message detail to LSP, a per record charge will apply for each
record processed. SWBT will determine the charges based on its
count of the records processed.
IV. LIABILITY
A. Except as otherwise provided herein, neither party shall be
liable to the other for any special, indirect, or
consequential damage of any kind whatsoever. A party shall not
be liable for its inability to meet the terms of this Appendix
where such inability is caused by failure of the first party
to comply with the obligations stated herein. Each party is
obliged to use its best efforts to mitigate damages.
B. When SWBT is notified that, due to error or omission,
incomplete data has been provided to LSP, SWBT will make
reasonable efforts to locate and/or recover the data and
provide it to LSP at no additional charge. Such requests to
recover the data must be made within 30 days from the date the
details initially were made available to LSP. If written
notification is not received within 30 days, SWBT shall have
no further obligation to recover the data and shall have no
further liability to LSP.
C. If, despite timely notification by LSP, message detail is lost
and unrecoverable as a direct result of SWBT having lost or
damaged tapes or incurred system outages while performing
recording, assembly and editing, rating, message processing,
and/or transmission of message detail, SWBT will estimate the
volume of lost messages and associated revenue based on
information available to it concerning the average revenue per
minute for the average interstate and/or intrastate call. In
such events, SWBT's liability to LSP shall be limited to the
granting of a credit adjusting amounts otherwise due from it
equal to the estimated net lost revenue associated with the
lost message detail.
D. SWBT will not be liable for any costs incurred by LSP when LSP
is transmitting data files via data lines and a transmission
failure results in the non-receipt of data by SWBT.
E. LSP agrees to defend, indemnify, and hold harmless SWBT from
any and all losses, damages, or other liability, including
attorney fees, that it may incur as a result of claims,
demands, or other suits brought by any party that arise out of
the use of this service by LSP, its customers or end users.
LSP shall defend against all end users' claims just as if LSP
had provided such service to its end users with its own
employees.
F. LSP also agrees to release, defend, indemnify and hold
harmless SWBT from any claim, demand or suit that asserts any
infringement or invasion of privacy or confidentiality of any
person(s), caused or claimed to be caused, directly or
indirectly, by SWBT employees and equipment associated with
provision of this service. This includes, but is not limited
to suits arising from disclosure of any
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customer specific information associated with either the
originating or terminating numbers used to provision this
service.
SWBT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR INTENDED OR
PARTICULAR PURPOSE WITH RESPECT TO SERVICES PROVIDED HEREUNDER. ADDITIONALLY,
SWBT ASSUMES NO RESPONSIBILITY WITH REGARD TO THE CORRECTNESS OF THE DATA
SUPPLIED BY LSP WHEN THIS DATA IS ACCESSED AND USED BY A THIRD PARTY.
<PAGE> 142
APPENDIX RECORDING - EXHIBIT I
PAGE 1 OF 3
EXHIBIT I
EXPLANATION OF SERVICE OPTIONS
The attached pages of this Exhibit I show the service options that are offered
under this Appendix and the charges that are associated with each option.
Alphabetical and numerical references in the CHARGES columns are to rates and
charges set forth in Exhibit III, BASIS OF COMPENSATION.
ORIGINATING 1+ DDD RECORDINGS - IXC TRANSPORTED MESSAGE DETAIL AND ACCESS USAGE
RECORDS
OPTION #1: SWBT performs recording, assembly and editing, rating of
billable message detail and creates an Access Usage Record
(AUR) for all 1+ Interexchange Carrier (IXC) transported
messages originating from LSP end office telephone network and
forwards both billable message detail records and AUR records
to LSP.
OPTION #2: SWBT performs recording, assembly and editing of the billable
message detail and extracts that detail to the IXC for all 1+
IXC transported messages originating from LSP end office. SWBT
creates Access Usage Records for this traffic and forwards
those AUR records to LSP.
OPTION #3: The IXCs do their own billable message recording for their 1+
IXC transported messages originating from LSP end office. SWBT
performs recording for Access purposes only, assembles and
edits this data, creates AURs and forwards the AUR records to
LSP.
ORIGINATING OPERATOR RECORDINGS - IXC TRANSPORTED MESSAGE DETAIL AND ACCESS
USAGE RECORDS
OPTION #4: LSP Non-Equal Access End Office - The IXCs do their own
billable message recording. SWBT performs local and intraLATA
operator services for LSP. SWBT performs recording at the
operator switch for all 0+, 0-, Coin Sent Paid, CAMA and
International IXC transported messages. SWBT assembles and
edits this data, creates AURs and forwards the AUR records to
LSP.
OPTION #5: LSP Equal Access End Office - The IXCs do their own billable
message recording. SWBT performs local and intraLATA operator
services for LSP. SWBT performs recording at the operator
switch for 0- only IXC transported messages. SWBT assembles
and edits this data, creates AURs and forwards the AUR records
to LSP.
OPTION #6: LSP Equal or Non-Equal Access End Office - The IXCs do their
own billable message recording. LSP chooses to have SWBT
purchase source information
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APPENDIX RECORDING - EXHIBIT I
PAGE 2 OF 3
from IXC in order to have information required to create
Access Usage Records. SWBT assembles and edits this data,
creates AURs and forwards the AUR records to LSP.
OPTION #7: The IXCs do their own billable message recording and forward
to SWBT the billable message detail for assembly and editing
and rating of these operator service IXC transported messages.
SWBT forwards the rated billable message detail to the
appropriate billing company, creates an AUR and forwards the
AUR records to LSP. This situation occurs when LSP has not
signed a rating takeback waiver with the IXC.
800 RECORDINGS - IXC TRANSPORTED MESSAGE DETAIL
OPTION #8: SWBT performs SSP function for LSP end office and bills query
charge to the appropriate IXC. SWBT performs recording for
Access purposes only, assembles and edits this data, creates
AURs and forwards AUR records to LSP.
OPTION #9: SWBT performs SSP function for LSP end office. LSP performs
billing of query charge to the appropriate IXC. SWBT performs
recording at the SSP for Access purposes only, assembles and
edits this data, creates AURs and forwards AUR records to LSP.
SWBT performs recording at the SCP for query billing purposes
only, assembles and edits this data, creates SCP records and
forwards SCP records to LSP.
OPTION 10: SWBT performs SCP function for LSP. SWBT performs recording at
the SCP, assembles and edits this data, creates SCP records
and forwards SCP records to LSP.
TERMINATING RECORDINGS - IXC TRANSPORTED ACCESS USAGE RECORDS
OPTION 11: SWBT provides tandem function for LSP. LSP requests SWBT to
provide all Feature Group B, Feature Group C and Feature Group
D terminating usage recordings including Feature Group B over
D and Feature Group C over D. SWBT creates terminating AURs
for this data and forwards AUR records to LSP.
OPTION 12: SWBT provides tandem function for LSP. LSP requests SWBT to
provide all Feature Group B terminating usage recordings
excluding B over D. SWBT creates terminating AURs for this
data and forwards AUR records to LSP.
OPTION 13: SWBT provides tandem function for LSP. LSP requests SWBT to
provide all Feature Group B terminating usage recordings
including Feature Group B over D. SWBT creates terminating
AURs for this data and forwards AUR records to LSP.
OPTION 14: SWBT provides tandem function for LSP. LSP requests SWBT to
provide all Feature Group D terminating usage recordings
including B over D and C over D.
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APPENDIX RECORDING - EXHIBIT I
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SWBT creates terminating AURs for this data and forwards AUR
records to LSP.
OPTION 15: SWBT provides tandem function for LSP. LSP requests SWBT to
provide all Feature Group D terminating usage recordings
including B over D. SWBT creates terminating AURs for this
data and forwards AUR records to LSP.
MESSAGE PROVISIONING:
OPTION 16: SWBT will forward all IXC transported message detail records
or access usage records to LSP generated internally within
SWBT system or received via CMDS from an IXC or another Local
Exchange Carrier or LSP. LSP forwards rated IXC transported
message detail or access usage detail to SWBT for distribution
to the appropriate billing company through SWBT's internal
network or using the CMDS network.
There is no charge for this option under this
Appendix if LSP has also executed, as part of an
agreement executed pursuant to this Statement, an
Appendix for SWBT to provide "Hosting" services to
LSP, of if LSP has executed a separate agreement with
SWBT for "Hosting" services to be provided from SWBT
to LSP.
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SELECTED SERVICE OPTIONS
AND
METHOD OF PROVISION
The service options and method of provision selected by LSP under this Appendix
are as indicated on page two, attached, of this Exhibit II. Numerical references
are to service options shown in Exhibit I.
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APPENDIX RECORDING
EXHIBIT II
PAGE 2 OF 2
SELECTED SERVICE OPTIONS
AND METHOD OF PROVISION
EFFECTIVE DATE:
MESSAGE
1+DDD OPERATOR HANDLED 800 SERVICE TERMINATING AUR PROVISIONING
OPTIONS OPTIONS OPTIONS OPTIONS OPTIONS
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NPA/NXX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
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Numerical references are to specific service options listed in Exhibit I.
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BASIS OF COMPENSATION [RATES TO BE CONSISTENT WITH ORDER.]
EFFECTIVE: _____________________
LSP shall pay SWBT the following amounts for services provided under the
Recording, Message Processing and Provision of Message Detail Appendix.
TYPE OF ACTIVITY RATE
A. Recording
Per AUR $.0100
B. Assembly and Editing
Per Message and/or AUR $.0050
C. Rating
Per Message $.0050
D. Message Processing
Per Message and/or AUR $.0050
E. Provision of Message Detail
Per Record $.0030
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INVOICE DESIGNATION
COMPANY NAME: _______________________________________________________
EXCHANGE COMPANY I.D. NUMBER (OCN): _____ _____ _____ _____
BILLABLE INVOICE INTERVAL:
Check One:
Daily (Full Status RAO Companies will receive
billable messages daily.)
Bill period (A maximum of five dates may be chosen.)
A file is created five workdays from each bill period
date, and three additional days should be allowed for
distribution. Circle a maximum of five bill period
dates:
1 3 5 7 9 11 13 15 17 19 21 23 25 27 29
TAPE MAILING ADDRESS: (Full RAO Companies will receive AURs at the same address
as billable message toll.)
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AUR INVOICE INTERVAL:
Check One:
Daily (Full Status RAO Companies will receive AURs
daily.)
Bill period (A maximum of five dates may be chosen.)
A file is created five workdays from each bill period
date, and three additional days should be allowed for
distribution. Circle a maximum of five bill period
dates:
1 3 5 7 9 11 13 15 17 19 21 23 25 27 29
TAPE MAILING ADDRESS: (Full RAO Companies will receive AURs at the same address
as billable message toll.)
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APPENDIX WIRELESS
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APPENDIX WIRELESS
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APPENDIX WIRELESS
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APPENDIX WIRELESS
This Appendix sets forth the terms and conditions under which the
Parties will distribute revenue from their joint provision of Wireless
Interconnection Service for traffic originated on a Commercial Mobile Radio
Service (CMRS) Provider's network and terminating through the Parties'
respective wireline switching networks within a Local Access and Transport Area
(LATA). The Parties will be compensated under this Appendix only to the extent
that they are not compensated for Wireless Interconnection Service under other
tariffs, settlement agreements, contracts or other mechanism. This Appendix is
subject to the terms and conditions of applicable tariffs.
I. DEFINITIONS
A. Wireless Interconnection Service - The interchange of traffic
originated from a Commercial Mobile Radio Service (CMRS) Provider's
Mobile Telephone Switching Office (MTSO) through SWBT's or LSP's
point of switching for termination on the relevant Party's wireline
switching network.
B. Commercial Mobile Radio Service (CMRS) Provider - A radio common
carrier provider of domestic public cellular telecommunication
service, as defined in Part 22, Part 24, or Part 90 of the FCC
Rules and Regulations.
C. End Office - SWBT or LSP switching system where exchange service
customer station loops are terminated for the purpose of
interconnection to each other and to the network.
D. Local Access and Transport Area ("LATA") - A geographic area
marking the boundaries beyond which a Bell Operating Company
formerly could not carry telephone calls pursuant to the terms of
the Modification of Final Judgment (MFJ), U.S. vs. American Tel. &
Tel. Co., 552 F. Supp. 131 (D.D.C. 1983), affirmed sub nom.
Maryland v. United States, 460 U.S. 1001 (1983).
E. Local Calling Area or Local Calling Scope - That area in which the
message telephone exchange service between two or more end offices,
without a toll charge, is provided.
F. Minutes of Use (MOU) - For the purposes of this Appendix, MOU means
the Terminating Traffic as recorded by the Primary Company or MOU
provided by the CMRS Provider to the Primary Company where the
Primary Company is unable to measure the actual terminating usage.
G. Mobile Telephone Switching Office ("MTSO") - A CMRS Provider's
switching equipment or terminal used to provide CMRS Provider's
switching services or,
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alternatively, any other point of termination designated by the CMRS
Provider. The MTSO directly connects the CMRS Provider's customers
within its licensed serving area to the Primary Company's facilities.
H. Primary Company - The Party that provides the End Office or Tandem
Office where the CMRS Provider chooses to connect terminating traffic.
The Primary Company also bills the CMRS Provider for Wireless
Interconnection Service.
I. Revenues - Those monies the Primary Company bills and collects from
the CMRS Provider for jointly provided Wireless Interconnection
Service.
J. Secondary Company - The Party that receives Terminating Traffic from
the Primary Company.
K. Tandem Office - a Party's switching system that provides an
intermediate switching point for traffic between end offices or the
network.
L. Terminating Traffic - That traffic which is delivered by a CMRS
Provider to the Primary Company for termination at a point on the
intraLATA wireline switching network.
II. ADMINISTRATION OF REVENUE DISTRIBUTION
A. The Primary Company will compute, bill, collect and distribute the
revenue for jointly provided Wireless Interconnection Service for
calls terminating within a LATA. On jointly provided Wireless
Interconnection Service, the Primary Company will distribute a portion
of the Local Transport (LT) Revenues as described below with the
Secondary Company for its part in terminating traffic from the CMRS
Provider. The Primary Company will distribute applicable Local
Switching (LS) and Carrier Common Line (CCL) charges which are
collected from the CMRS Provider to the Secondary Company, as
described below.
B. Distribution of revenues will be computed using the rate elements as
defined in SWBT's applicable Wireless Interconnection Tariff.
C. For terminating traffic, actual monthly wireless MOU will be measured
by the Primary Company for each office in the LATA or provided to the
Primary Company by the CMRS Provider in those cases where the Primary
Company is unable to measure the actual terminating usage.
D. Each month, the amount of CCL and LS revenue (based on the rates in
the Primary Company's applicable tariffs) due the Secondary Company
from the Primary Company will be determined by totaling the actual
terminating MOU associated with each of the Secondary Company's end
offices and multiplying those MOU by the appropriate rates as set out
above. The LT revenues due to the
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Secondary Company will be determined for each Secondary Company end
office by multiplying the billed MOU by the appropriate LT rate
multiplied by the applicable end office percentage ownership of
facilities listed in Exhibit A to this Appendix.
E. The Primary Company will prepare a revenue and usage statement on a
monthly basis. Within 90 calendar days after the end of each billing
period, except in cases of disputes, the Primary Company will remit
the compensation amount due the Secondary Company. When more than one
compensation amount is due, they may be combined into a single
payment. No distribution will be made for the revenue the Primary
Company is unable to collect.
F. The revenue and usage statement will contain the following
information:
1. The number of MOU for each of the Secondary Company's end
offices, the corresponding rate elements to be applied to the MOU
for each end office, and the resulting revenues;
2. The total of the MOU and revenues for the Secondary Company;
3. The percent ownership factor used to calculate the distribution
of Local Transport revenues; and,
4. Adjustments for uncollectibles.
G. The Parties agree that revenue distribution under this Appendix will
apply as of the effective date of this Agreement. The Primary Company
will start revenue distribution on usage within 60 calendar days from
the date this Appendix is effective.
III. TERMINATION PROVISIONS
A. This Appendix shall remain in effect until terminated by either Party
upon a minimum of 30 calendar days' written notice by such Party to
the designated representative of the other.
B. This Appendix may be terminated by an order of an appropriate
regulatory commission or a court of competent jurisdiction.
IV. MISCELLANEOUS PROVISIONS
A. Exhibit A to this Appendix is attached and incorporated into this
Appendix by reference. From time to time, by written agreement of both
parties, new Exhibits may be substituted for the attached Exhibit A,
superseding and canceling the Exhibit A previously in effect.
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B. Each party will promptly upon request, furnish to the other such
information as may be required to perform under this Appendix.
V. NOTICE
In the event any notices are required under the terms of this Appendix,
they shall be sent by registered mail, return receipt requested to:
if to SWBT _____________________________________
if to LSP _____________________________________
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APPENDIX WIRELESS
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EXHIBIT A TO APPENDIX WIRELESS
END OFFICE PERCENT OWNERSHIP OF LOCAL TRANSPORT FACILITIES
CLLI CODE NPA-NXX % OWNERSHIP OF TRANSPORT FACILITIES