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Agreement [Attachment 1-5] - Liberty Telecom LLC and Nevada Bell

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ATTACHMENT 1 DEFINITIONS - NV

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NEVADA/LIBERTY TELECOM LLC

ATTACHMENT 1

DEFINITIONS

ATTACHMENT 1 DEFINITIONS - NV

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NEVADA/LIBERTY TELECOM LLC

DEFINITIONS

“Access Tandem Switches” are switches used to connect End Offices to Interexchange Carrier switches. NEVADA’s Access Tandem Switch is also used to connect and switch traffic between and among Central Office Switches.

“Act” means the Communications Act of 1934, 47 U.S.C. 151 et seq., as amended by the Telecommunications Act of 1996, and as interpreted from time to time in the duly authorized rules and regulations of the FCC or the Commission.

“Advanced Intelligent Network (AIN) Trigger Capability” is a network functionality that permits specific conditions to be programmed into a switch which, when met, directs the switch to suspend call processing and to receive special instructions for further call handling in order to enable carriers to offer advanced features and services.

“AMA” means the Automated Message Accounting structure inherent in switch technology that initially records telecommunication message information. AMA format is contained in the Automated Message Accounting document, published by Bellcore as GR-1100-CORE which defines the industry standard for message recording.

“Ancillary Functions” are services or facilities that NEVADA offers to CLEC so that CLEC may obtain and use unbundled Network Elements or NEVADA services to provide telecommunications services to CLEC’s customers. Ancillary Functions include collocation and rights of way, and may include other services or facilities as mutually agreed to by the Parties.

“Applicable Law” shall mean all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits and approvals of any Governmental Authority, including without limitation those relating to the environment, health and safety, which apply or relate to Work Locations or the subject matter of this Agreement.

“CLEC Customer” means the relationship for a specific service with any business or residential customer to the extent such customer purchases CLEC services.

“Automatic Number Identification” or “ANI” means a Feature Group D signaling parameter that refers to the number transmitted through the network identifying the billing number of the calling party. “ANI” is also used to identify the calling number to 911 PSAPs.

“Automatic Location Identification/(ALI)” means the feature of E911 that displays at the PSAP the address of the calling telephone number. This feature requires a

ATTACHMENT 1 DEFINITIONS - NV

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NEVADA/LIBERTY TELECOM LLC

data storage and retrieval system for translating telephone numbers to the associated address. ALI information may include Emergency Service Number (ESN), street address, room or floor, and names of the enforcement, fire and medical agencies with jurisdictional responsibility for the address. The Management System (E911) database is used to update the Automatic E911 Location Identification (ALI) databases.

10.

“Automatic Route Selection (ARS)” is a service feature that provides for automatic selection of the most appropriate outbound route for each call based on criteria programmed into the system.

11.

“Busy Line Verification” or “BLV” means a service in which an end user requests an operator to confirm the busy status of a line.

12.

“Busy Line Verification and Interrupt” or “BLVI” means a service in which an end user requests an operator to confirm the busy status of a line and requests an interruption of the call.

13.

“CABS” means the Carrier Access Billing System.

14.

“Calling Party Number (CPN)” means a Common Channel Signaling parameter which refers to the number transmitted through the network identifying the calling party.

15.

“Central Office Switch” or “Central Office” means a switching entity within the public switched telecommunications network, including but not limited to End Office Switches and Tandem Switches. Central Office Switches may be employed as combination End Office/Tandem Switches.

16.

“CLC Operations Handbook” means Sections 16.6 and 16.7 of the CLC Handbook, which address NEVADA’S Operations and Administration interfaces for local interconnection and SS7.

17.

“Centralized Message Distribution System (CMDS)” means the transport system that LECs use to exchange outcollect and CABS access messages among each other and other parties connected to CMDS.

18.

“Charge Number” means a CCS signaling parameter that refers to the number transmitted through the network identifying the billing number of the calling party.

19.

“Centrex” means a Telecommunications Service that uses central office switching equipment for call routing to handle direct dialing of calls, and to provide many private branch exchange-like features.

20.

“CLASS (Custom Local Area Signaling Service) and Custom Calling Features” means a grouping of optional enhancements to basic local exchange service that

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offers special call handling features to end users (e.g., call waiting, call forwarding and automatic redial).

21.

“Combination” shall have the meaning set forth in 47 C.F.R. Section 51.315.

22.

“Commission” means the Public Service Commission of Nevada.

23.

“Common Channel Signaling” or “CCS” means a method of digitally transmitting call set-up and network control data over a special network fully separate from the public switched network elements that carry the actual call. Signaling System 7 (SS7) is the CCS network presently used by telecommunications carriers.

24.

“Competitive Local Carrier (CLC)” or “Competitive Local Exchange Carrier (CLEC)” is a carrier who competes in the provision of local exchange telecommunications service and is not an Incumbent LEC as defined by 47 U.S.C., Section 251 (h) of the Act.

25.

“Conduit” means a tube or similar enclosure that may be used to house communication or communications-related power cables. Conduit may be underground or above ground (for example, inside buildings) and may contain one or more inner ducts. An inner duct means a separate tube or enclosure within a conduit.

26.

“Confidential Information” has the meaning set forth in Section 18.1 of the General Terms and Conditions.

27.

“Contract Year” means a twelve (12) month period during the term of the contract commencing on the Effective Date and each anniversary thereof.

28.

“Control Office” means an exchange carrier center or office designated as its company’s single point of contact for the provisioning and maintenance of its portion of interconnection arrangements

29.

“Cross Connection” means an intra-wire center channel connecting separate pieces of telecommunications equipment

30.

“Customer Usage Data” means the local Telecommunications Services usage data of an CLEC Customer, measured in minutes, sub-minute increments, message units, or otherwise, that is recorded by NEVADA and forwarded to CLEC.

31.

“Directory Number Call Forwarding (DNCF)” means an interim form of Service Provider Number Portability (SPNP) which is provided through existing and available call routing and call forwarding capabilities. DNCF will forward calls dialed to an original telephone number to a new telephone number on a multi-path basis. DNCF is not limited to listed directory numbers.

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NEVADA/LIBERTY TELECOM LLC

32.

“Discloser” means that Party to this Agreement which has disclosed Confidential Information to the other Party.

33.

“DSX Panel” means a cross-connect bay or panel used for the termination of equipment and facilities operating at digital rates.

34.

“DS-0” means a digital signal rate of 64 Kilobits per second (kbps).

35.

“DS-1” means a digital signal rate of 1.544 Megabits Per Second (Mbps).

36.

“DS-3” means a digital signal rate of 44.736 Mbps.

37.

“E911 Management System (MS)” A system of computer programs used by NEVADA to create, store and update the data that provides Selective Routing ^(SM) and / or Automatic Location Identification (ALI).

38.

“E911 Management System Gateway” is a processor that can relieve the host computer (management system) of performing certain tasks, such as message handling, code conversion, error control and application functions.

39.

“E911 Service” is a method of routing 911 calls to a PSAP that uses customer location data in the ALI/DMS to determine the PSAP to which a call should be routed.

40.

“Effective Date” is the date indicated in the Preface on which the Agreement shall become effective.

41.

“EISCC” or “Expanded Interconnection Service Cross Connect” means the connection between the collocation Point of Termination (POT) and the unbundled Network Element or interconnection point to a switched or dedicated service in NEVADA’S network.

42.

“Electronic File Transfer” means any system or process that utilizes an electronic format and protocol to send or receive data files.

43.

“End Office Switches” are switches from which end users’ Exchange services are directly connected and offered.

44.

“Environmental Hazard” means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, Superfund Amendment and Reauthorization Act, Resource Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, state and local jurisdictions)

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or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law.

45.

“Exchange Message Record” or “EMR” means the standard used for exchange of telecommunications message information among LECs for billable, non-billable, sample, settlement and study data. EMR format is contained in BR-010-200-010 CRIS Exchange Message Record, a Bellcore document which defines industry standards for exchange message records.

46.

“Exchange Service” is as defined in the Act.

47.

“FCC” means the Federal Communications Commission.

48.

“First Interconnection Order” means the First Report and Order issued In the Matter of Implementation of the Local Competition provision in the Telecommunications Act of 1996 (CC Docket No. 96-98, FCC 96-325) (released August 8, 1996).

49.

“Governmental Authority” means any federal, state, local, foreign or international court, government, department, commission, board, bureau, agency, official, or other regulatory, administrative, legislative or judicial authority with jurisdiction.

50.

“ILEC” shall mean “Incumbent Local Exchange Carrier” as defined in the Act.

51.

“Interconnection” is as described in the Act.

52.

“Interexchange Carrier (IEC or IXC)” means a provider of interexchange telecommunications services.

53.

“Interim Number Portability” or “INP” means the delivery of service provider Number Portability capabilities through the use of switch-based call routing as described in 47 C.F.R. Section 52.7.

54.

“Integrated Services Digital Network” or “ISDN” means a digital switched network service. “Basic Rate ISDN” provides for channelized (2 bearer and 1 data) end-to- end digital connectivity for the transmission of voice or data on either or both bearer channels and packet data on the data channel. “Primary Rate ISDN” provides for 23 bearer and 1 data channels.

55.

“LEC” shall mean “Local Exchange Carrier” as defined in the Act.

56.

“Line Information Data Base(s) (LIDB)” means one or all, as the context may require, of the Line Information Databases owned individually by ILECs and other entities which provide, among other things, calling card validation functionality for

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NEVADA/LIBERTY TELECOM LLC

telephone line number cards issued by ILECs and other entities. A LIDB also contains validation data for collect and third number-billed calls, which include billed number screening.

57.

“Line Side” refers to End Office switch connections that have been programmed to treat the circuit as a local line connected to a terminating station (e.g., an ordinary subscriber’s telephone station set, a PBX, answering machine, facsimile machine or computer). Line Side connections offer only those transmission and signal features appropriate for a connection between an End Office and such terminating station.

58.

“Link” has the meaning set forth in Attachment 6, Section 6.

59.

“Local Calls” are calls that are completed where there is no charge for the completion of the call in NEVADA’s serving territory as defined by the Commission.

60.

“Local Exchange Routing Guide” or “LERG” means a Bellcore Reference Document used by LECs and IXCs to identify NPA-NXX routing and homing information as well as Network Element and equipment designations, and office functionality.

61.

“Local Exchange Traffic” means traffic originated on the network of a LEC in a LATA and completed directly between that LEC’s network and the network of another LEC in that same LATA, including intraLATA toll traffic and traffic originated to or terminated from LECs not party to this Agreement. Local Exchange Traffic does not include traffic that is routed to or terminated from the network of an IXC.

62.

“Local Interconnection Trunks/Trunk Groups” are used for the termination of Local Exchange Traffic, using Bellcore Technical Reference GR-317-CORE (“GR-317”).

63.

“Local Loop” shall have the meaning set forth in 47 C.F.R. Section 51.319(a).

64.

“Local Number Portability (LNP)” means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.

65.

“Local Service” has the meaning set forth in Attachment 5, Section 1.1.

66.

“Loop” has the meaning set forth in Attachment 6, Section 6.

67.

“MECAB” means the Multiple Exchange Carrier Access Billing document prepared under the direction of the Billing Committee of the Ordering and Billing Forum “OBF”, which functions under the auspices of the Carrier Liaison Committee of the

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Alliance for Telecommunications Industry Solutions (ATIS), Section 23.1 of Part 1. The MECAB document, published by Bellcore as Special Report SR-BDS-000983, contains the recommended guidelines for the billing of access and other connectivity services provided by two or more LECs (including LECs and CLCs), or by one LEC or CLEC in two or more states within a single LATA.

68.

“Meet Point Trunks/Trunk Groups (MPTGs)” are used for the joint provision of Switched Access services, utilizing Bellcore Technical References GR-394-CORE (“GR-394”) and GR-317 CORE (“GR-317”). MPTGs are those between a local End Office and an Access Tandem as described in FSD 20-24-0000 and 20-24-0300.

69.

“MECOD” means the Multiple Exchange Carriers Ordering and Design Guidelines for Access Services - Industry Support Interface, a document developed by the Ordering/Provisioning Committee under the auspices of the OBF, which functions under the auspices of the Carrier Liaison Committee of the ATIS. The MECOD document, published by Bellcore as Special Report SR STS-002643, establishes methods for processing orders for access and other connectivity service which is to be provided by two or more local carriers (including a LEC and a CLC), or by one LEC or CLC in two or more states within a single LATA.

70.

“Mid-Span Meet” means an interconnection between two LECs whereby each provides its own cable and equipment up to the meet point of the cable facilities. The meet point is the demarcation establishing ownership of and responsibility for each LECs portion of the transmission facility.

71.

“911 Service” means a universal telephone number which gives the public direct access to the PSAP. Basic 911 service collects 911 calls from one or more local exchange switches that serve a geographic area. The calls are then sent to the authority designated to receive such calls.

72.

“Network Element” is as defined in the Act.

73.

“NEVADA” means Nevada Bell.

74.

“North American Numbering Plan (NANP)” means the system of telephone numbering employed in the United States, Canada, and certain Caribbean countries.

75.

“Numbering Plan Area (NPA)” is also sometimes referred to as an area code and the three digit indicator that is defined by the “A”, “B” and “C” digits of each 10-digit telephone number within the NANP. Each NPA contains 800 possible NXX Codes. There are two general categories of NPA. “Geographic NPA” is associated with a defined geographic area, and all telephone numbers bearing such NPA are associated with services provided within that Geographic area. A

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“Non-Geographic NPA,” also known as a “Service Access Code” (SAC Code), is typically associated with a specialized telecommunications service which may be provided across multiple geographic NPA areas; 500, Toll Free Service NPAs, 700, and 900 are examples of Non-Geographic NPAs.

76.

“Number Portability” is as defined in the Act.

77.

“NXX”, “NXX Code” or “Central Office Code” means the three-digit switch entity indicator that is defined by the “D”, “E” and “F” digits of a 10-digit telephone number within the NANP. Each NXX Code contains 10,000 station numbers.

78.

“OBF” means 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).

79.

“Originating Line Information (OLI)” is an SS7 Feature Group D signaling parameter which refers to the number transmitted through the network identifying the billing number of the calling party.

80.

“Party” means either CLEC or NEVADA. “Parties” means CLEC and NEVADA.

81.

“Percent Local Usage” or “PLU” means a percentage amount that represents the ratio of the local minutes to the sum of local and intraLATA toll minutes sent between the Parties over Local Interconnection Trunks. Directory Assistance, BLV/BLVI, 900, transiting calls from other LECs, WSP traffic and interLATA Switched Access calls are not included in the calculation of PLU.

82.

“Permanent Number Portability (PNP)” means a long-term solution to provide LNP for all customers and all providers consistent with the Act and implementing regulations.

83.

“Physical Collocation” shall have the meaning set forth in 47 C.F.R. Section 51.5.

84.

“Point of Interconnection” or “POI” means a physical location at which the Parties’ networks meet for the purpose of establishing interconnection. POIs include a number of different technologies and technical interfaces based on the Parties’ mutual agreement.

85.

“Pole Attachment” means the connection of a facility to a utility pole. Some examples of facilities are mechanical hardware, grounding and transmission cable, and equipment boxes.

86.

“Port” means a termination point in the end office switch. For purposes of general illustration, a Port includes a line card and associated peripheral equipment on an End Office Switch which serves as the hardware termination for line or trunk side facilities connected to the End Office switch. Each line side Port is typically

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associated with one or more telephone numbers that serve as the customer’s network address.

87.

“Public Safety Answering Point (PSAP)” means the designated agency to which calls to E911/911- services are routed.

88.

“Rate Center” identifies the specific geographic point and corresponding geographic area which are associated with one or more particular NPA-NXX codes which have been assigned to a LEC (or CLC) for its provision of Exchange Services. The rate point is a geographic location identified by specific V&H (Vertical and Horizontal) coordinates, which are used to measure distance sensitive end user traffic to/from the particular NPA-NXX designations with the specific Rate Center.

89.

“Rating Point” means the Vertical and Horizontal (V&H) coordinates associated with a particular telephone number for rating purposes.

90.

“Real Time” means the actual time in which an event takes place, with the reporting on or the recording of the event practically simultaneous with its occurrence.

91.

“Recipient” means that Party to this Agreement to which Confidential Information has been disclosed by the other Party.

92.

“Recorded Usage Data” has the meaning set forth in Attachment 14.

93.

“Release” means any release, spill, emission, leaking, pumping, injection, deposit, disposal, discharge, dispersal, leaching, or migration, including without limitation, the movement of Environmental Hazards through or in the air, soil, surface water or groundwater, or any action or omission that causes Environmental Hazards to spread or become more toxic or more expensive to investigate or remediate.

94.

“Right of Way (ROW)” means the right to use the land or other property of a third party or governmental authority to place poles, conduits, cables, other structures and equipment, or to provide passage to access such structures and equipment. A ROW may run under, on, or above public or private property (including air space above public or private property) and may include the right to use discrete space in buildings, building complexes or other locations.

95.

“Routing Point” means a location which a LEC has designated on its own network as the homing or routing point for traffic inbound to Exchange Service provided by the LEC which bears a certain NPA-NXX designation. The Routing Point is employed to calculate mileage measurements for the distance-sensitive transport element charges of Switched Access services. The Routing Point need not be

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the same as the Rating Point, nor must it be located within the Rate Center area, but must be in the same LATA as the NPA-NXX.

96.

“Served Premises” means collectively, the CLEC designated locations to which CLEC orders Network Elements, Ancillary Functions or Combinations.

97.

“Service Control Point” or “SCP” means a node in the CCS network to which information requests for service handling, such as routing, are directed and processed. The SCP is a real time database system that, based on a query from a Service Switching Point (SSP), performs subscriber or application-specific service logic and then sends instructions back to the SSP on how to continue call processing.

98.

“Service Provider Local Number Portability” shall have the same meaning as Number Portability as defined in the Act and FCC regulations thereunder.

99.

“Signal Transfer Point” or “STP” means equipment that performs a packet switching function that routes signaling messages among SSPs, SCPs, Signaling Points (SPs), and other STPs in order to set up calls and to query databases for advanced services.

100.

“Special Construction” shall have the meaning set forth in NEVADA’s PUC OF NEVADA Tariff No. A4.2. as of the Effective Date of this Agreement and shall not be subject to change except upon mutual agreement of the Parties (even if the underlying tariff changes), provided that CLEC will be treated no less favorably than NEVADA treats its own end-user customers.

101.

“Switched Access” service means an offering of access to services or facilities for the purpose of the origination or termination of traffic from or to Exchange Service customers in a given area pursuant to a Switched Access tariff. Switched Access services includes: Feature Group A (FGA), Feature Group B (FGB), Feature Group C (FGC), Feature Group D (FGD), Toll Free Service, 700 and 900 access. Switched Access service does not include traffic exchanged between LECs for purposes of local exchange interconnection.

102.

“Switched Access Meet Point Billing” means a billing arrangement used when two or more LECs jointly provide a Switched Access service over Meet Point Trunks, with each LEC receiving an appropriate share of the revenues. The access services will be billed using Switched Access rate structures, and the LECs will decide whether a single bill or multiple bill will be sent. If the LECs cannot agree, multiple bills will be sent.

103.

“Tandem Switches” are switches that are used to connect and switch trunk circuits between and among Central Office Switches.

104.

“Toll Traffic” means IntraLATA traffic falling outside of the normal free calling area as defined by the Commission.

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105.

“Toll Free Service” means service provided with any dialing sequence that invokes toll-free, i.e., 800-like, service processing. Toll Free Service includes calls to the Toll Free Service 800/888 NPA SAC codes.

106.

“Transit Rate” is the rate that applies to local and toll calls sent between a LEC and a CLC destined for a third-party LEC or CLC.

107.

“Trunk-Side” refers to a Central Office switch connection that is capable of, and has been programmed to treat the circuit as connecting to another switching entity, for example, another Central Office switch. Trunk-Side connections offer those transmission and signaling features appropriate for the connection of switching entities and cannot be used for the direct connection of ordinary telephone station sets.

108.

“Unbundled Services Cross Connect” or “USCC” is a connection between an unbundled link, which terminates at the distribution frame, and the digital cross connect system, for the purpose of combining an unbundled link and NEVADA unbundled transport when multiplexing is required.

109.

“Virtual Collocation” shall have the meaning set forth in 47 C.F.R. Section 51.5.

110.

“Voluntary Federal Customer Financial Assistance Programs” are Telecommunications Services provided to low-income subscribers, pursuant to requirements established by the appropriate state regulatory body.

111.

“Waste” means all hazardous and non-hazardous substances and materials which are intended to be discarded, scrapped, or recycled, associated with activities CLEC or NEVADA or their respective contractors or agents perform at Work Locations. It shall be presumed that all substances or materials associated with such activities, that are not in use or incorporated into structures (including without limitation damaged components or tools, leftovers, containers, garbage, scrap, residues or by-products), except for substances and materials that CLEC, NEVADA or their respective contractors or agents intend to use in their original form in connection with similar activities, are Waste. Waste shall not include substances, materials or components incorporated into structures (such as cable routes) even after such components or structure are no longer in current use.

112.

“Wire Center” denotes a building or space within a building which serves as an aggregation point on a given carrier’s network, where transmission facilities and circuits are connected or switched. A NEVADA Bell Wire Center can also denote a building in which one or more Central Offices, used for the provision of Exchange Services and access services, are located. However, for purposes of collocation, Wire Center shall mean those points eligible for such connections as specified in FCC Docket No. 91-141, and rules adopted pursuant thereto, as modified by subsequent FCC decisions.

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113.

“Wireless Service Provider” or “WSP” means a provider of Commercial Mobile Radio Services (CMRS) e.g., cellular service provider, Personal Communications Services provider, or paging service provider.

114.

“Work Locations” means any real estate that CLEC or NEVADA, as appropriate, owns, leases or licenses or in which it holds easements or other rights to use, or does use, in connection with this Agreement.

ATTACHMENT 2 ACRONYMS - NV

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ATTACHMENT 2

ACRONYMS

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ACRONYMS


ACRONYM		DEFINITION
AAA		American Arbitration Association
AIN		Advanced Intelligent Network
ALI		Automatic Location Identification
ALI/DMS		Automatic Location Identification/Data Management System
AMA		Automated Message Accounting
AMI		Alternate Mark Inversion
ANSI		American National Standards Institute
APTOS		Automated Pricing, Terminals, Options and Services
ARPM		Average Revenue Per Message
ATIS		Alliance for Telecommunications Industry Solutions
ATM		Asynchronous Transfer Mode
B8ZS		Bipolar 8 Zero Substitution
BICI		Broadband Inter-Carrier Interface
BITS		Building Integrated Timing Supply
BLV/BLVI		Busy Line Verification/Interrupt
BOSS		Billing & Ordering Support System
BRCS		Business and Residential Customer Service
C		Network Element Combination
C-DTTA		Combination of Dedicated Transport & Tandem
C-LPLS		Combination of Loop & Local Switching
C-LSCTSSDBTS		Combination Local Service, Common Transport Signaling, Databases and/or Tandem Switching
CABS		Carrier Access Billing System
CAMA ANI		Centralized Automatic Message Accounting - Automatic Number Identification
CAP		Competitive Access Provider
CCITT		Consultative Committee on International Telegraph & Telephone
CCS		Communications Channel Signaling
CCSNIS		Common Channel Signaling Network Interface Specification
CESAR		Customers’ Enhanced System for Access Requests
CIC		Carrier Identification Code
CLASS		Custom Local Area Signaling Service
CLC/CLEC		Competitive Local Exchange Carrier
CLEO		Cleopatra (subsystem of CESAR)
CLFI		Common Language Facility Interface
CLLI		Common Language Location identifier
CMDS		Centralized Message Distribution Systems
CMIP		Coded Mark Inversion Protocol
CO		Central Office
CPE		Customer Premises Equipment
CPN		Calling Party Number

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ACRONYM		DEFINITION
CRDD		Customer Requested Due Dates
CT		Common Transport
CY		Current Year
D4		Digital Channel Bank Type 4
DA		Directory Assistance
DACS		Digital Access CrossConnect Systems
DB		Database
DB		Service Central Points/Databases
DCC		Data Communications Channel
DCP		Designated Carrier Plan
DCS		Digital Cross-Connect System
DF		Distribution Frame
DID		Direct Inward Dialing
DLC		Digital Loop Carrier
DLCI		Data Link Connection Identifier
DMOQs		Direct Measures of Quality
DN		Directory Numbers
DN-RI		Directory Number - Route Index
DS-1		Digital Signal Level One
DS-3		Digital Signal Level Three
DSO		Digital Signal Level Zero
DSN		Data Set Name
DSX		Digital Cross Connect
DT		Dedicated Transport
DTMF		Dual-Tone Multi Frequency
E		Network Element
E&M		Ear & Mouth Signaling
E-LP		Element Loop
EAMF		Equal Access Multi-Frequency
EBCDIC		Extended Binary-Coded Decimal Interexchange Code
EBI		Electronic Bonding Interface
EFT		Electronic Fund Transfer
El		Electronic Interface
EISCC		Expanded Interconnection Service Cross Connection
EMR		Exchange Message Record
EO		End Office
ESF		Extended Super Frame
ESL		Essential Service Line
ESN		Emergency Service Number
ETTR		Estimated Time to Repair
FCC		Federal Communications Commission
FDI		Feeder Distribution Interface

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ACRONYM		DEFINITION
FN		Fiber Node
FOC		Firm Order Confirmation
FRF		Frame Relay Forum
FUNI		Framebased User to Network Interface
GTT		Global Title Translation
HDT		Host Digital Terminal
HFC		Hybrid Fiber Coax
HFC-HDT		Hybrid Fiber Coax - Host Digital Terminal
ID		Remote Identifiers
IEC		Interexchange Carrier
lECs		Interexchange Carriers
IEEE		Institute of Electrical and Electronic Engineers
IISP		Interim Interswitch Signaling Protocol
ILEC		Incumbent Local Exchange Carrier
IN		Intelligent Network
INA		Integrated Network Access
INP		Interim Number Portability
ISDN		Integrated Services Digital Network
ISDNUP		Integrated Services Digital Network User Part
ISNI		Intermediate Signal Network Identifier
ISO		International Standardization Organization
ISUP		Integrated Services User Part
ITU		International Telecommunications Union
IVMS		Interswitch Voice Messaging Service
LARG		LIDB Access Routing Guide
LASS		Local Area Signaling Services
LATA		Local Access Transport Area
LC		Loop Concentrator/Multiplexer
LCC		Line Class Code
LD		Loop Distribution
LEC		Local Exchange Carrier
LEC DA		LEC Directory Assistance
LEC SCE		LEC Service Creation Environment
LEC SCP		LEC Service Control Point
LEC SMS		LEC Service Management System
LEC SSP		LEC Service Switching Point
LERG		Local Exchange Carrier Routing Guide
LF		Loop Feeder
LFACS		Loop Facilities Assignment and Control System
LGX		Lightguide Cross-Connect
LIDB		Line Information Data Base
LIDB/AS		Line Information Data Base Administrative System

ATTACHMENT 2 ACRONYMS - NV

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ACRONYM		DEFINITION
LI OFFICE		Local Interconnection Office
LSC		Local Service Center
LMI		Local Management Interface
LNP		Local Number Portability
LOC		Local Operations Center
LP		Loop
LPIC		LATA Presubscribed Interexchange Carrier
LRECL		Logical Record Length
LRN		Local Routing Number
LS		Local Switching
LSNE		Local Switching Network Element
LSO		Local Serving Office
LSP		Local Service Provider
LSSGR		LATA Switching Systems Generic Requirements
MDF		Main Distribution Frame
MDU		Multiple Dwelling Unit
MDU/BCL		Multiple Dwelling Unit/Business Customer Location
MECAB		Multiple Exchange Carrier Billing
MECOD		Multiple Exchange Carrier Ordering and Design
MF		Multi-Frequency
MIB		Management Information Base
MLT		Mechanized Loop Tests
MOP		Methods of Procedure
MOS		Modified Operator Services
MOU		Minutes of Use
MR		Modification Request
MRVT		MTP Routing Verification Test
MSAG		Master Street & Address Guide
MTP		Message Transfer Port
NANP		North American Numbering Plan
NBSM		Nevada Bell Service Manager
NDM		Network Data Mover
NEBS		Network Equipment Building System
NENA		National Emergency Number Association
NI		Network Interface Device
NID		Network Interface Device
NIU		Network Interface Unit
NMS		Network Management System
NNI		Network to Network Interface
NPA		Numbering Plan Area
NVT		Network Validation Test
OA		Operator Assistance

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ACRONYM		DEFINITION
OAM		Operation and Maintenance
OAM&P		Operations Administration Maintenance & Provisioning
OBF		Ordering & Billing Forum
OC		Optical Carrier
OC3		Optical Carrier Level 3
ODS		Optical Distribution
OLI		Originating Line Indicator
OMAP		Operations, Maintenance & Administration Part
ORT		Operational Readiness Test
OS		Operator Services
OSS		Operations Support Systems
OSSGR		Operator Services Systems Generic Requirements
PBX		Private Branch Exchange
PDH		Plesiochronous Digital Hierarchy
PEC		Primary Exchange Carrier
PIC		Primary Interexchange Carrier
PLU		Percent Local Usage
PNP		Permanent Number Portability
POI		Point of Interface
POI		Points of Interconnection
POT		Point of Termination
POTS		Plain Old Telephone Service
PREMIS		Premise Information System
PRI		Primary Rate Interface
PSAP		Public Safety Answering Point
PUC		Public Service Commission of Nevada
RAO		Regional Accounting Office
RCF		Remote Call Forwarding
RECFM		Record Format
RI		Route Index
RI-PH		Route Index - Portability Hub
ROW		Right of Way
RPC		Regional Processing Center
RSM		Remote Switch Module
RT		Remote Terminal
SAC		Service Area Code
SAG		Street Address Guide
SCCP		Signaling Connection Control Point
SCE		Service Creation Environment
SCP		Service Control Points
SDH		Synchronous Digital Hierarchy
SECAB		Small Exchange Carrier Access Billing

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ACRONYM		DEFINITION
SL		Signaling Link Transport
SMDI-E		Standard Message Desk Interface - Enhanced
SMS		Service Management System
SNI		Simple Network Interface
SNMP		Simple Network Management Protocol
SONET		Synchronous Optical Network
SORD		Service Order Retrieval and Distribution
SPOC		Single Point of Contact
SPOI		Signaling Point of Interconnection
SRVT		SCCP Routing Verification Test
SS7		Signaling System 7
SSP		Service Switching Points
STP		Signaling Transfer Point
STS		Synchronous Transport Signal
STS-1		Synchronous Transport Signal Level 1
STSN		Synchronous Transport Signal Level N
SWF-DSI		Switched Functional DS1 Service Capability
T1.5		T Carrier Transport @ 1.544 mbps
T3		T Carrier Transport @ 45 mbps
T&M		Time & Material
TBD		To Be Determined
TCAP		Transaction Capabilities Application Port
TDEV		Time Deviation
TDI		Tie Down Information
TIA/EIA		Telecommunications Industries Association/Electronic Industries Association
TR		Technical Requirements
TS		Tandem Switching
TSG		Trunk Sub-Group
TSGR		Transport System Generic Requirements
TSLRIC		Total Service Long Run Incremental Cost
TSP		Telecommunications Services Priority
UNI		User to Network Interface
USCC		Unbundled Services Cross Connector
V&H		Vertical & Horizontal
VB		Variable Block
VCI		Virtual Channel Identifier
VF		Voice Frequency
WDM		Wavelength Division Multiplexing
WSP		Wireless Service Provider
WTN		Working Telephone Number

ATTACHMENT 3 ALTERNATIVE DISPUTE RESOLUTION - NV

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NEVADA/LIBERTY TELECOM LLC

ATTACHMENT 3

ALTERNATIVE DISPUTE RESOLUTION

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ATTACHMENT 3: TABLE OF CONTENTS


ALTERNATIVE DISPUTE RESOLUTION		3

1. Purpose		3

2. Exclusive Remedy		3

3. Informal Resolution of Disputes		4

4. Initiation of an Arbitration		4

5. Governing Rules for Arbitration		4

6. Appointment and Removal of Arbitrator		4

7. Duties and Powers of the Arbitrator		5

8. Discovery		5

9. Privileges		6

10. Location of Hearing		6

11. Decision		6

12. Fees		6

13. Confidentiality		6

14. Service of Process		7

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ALTERNATIVE DISPUTE RESOLUTION

Purpose

This Attachment 3 is intended to provide for the expeditious, economical, and equitable resolution of disputes between NEVADA and CLEC arising under this Agreement.

Exclusive Remedy

2.1

Except for disputes or matters (i) for which the total value of the amount in controversy exceeds One Million Dollars ($1,000,000), (ii) for which this Agreement or the Telecommunications Act of 1996 specifies a particular remedy or procedure, (iii) for which a Party seeks injunctive relief and/or specific performance in any Court of competent jurisdiction, or (iv) which are covered by the Billing Disputes provisions contained in Attachment 13 (Connectivity Billing and Recording), informal resolution and arbitration under the procedures provided herein shall be the exclusive remedy for all disputes between NEVADA and CLEC arising out of this Agreement or its breach. NEVADA and CLEC agree not to resort to any court, agency, or private group with respect to such disputes except in accordance with this Attachment.

2.1.1

If, for any reason, certain claims or disputes are deemed to be non-arbitrable, the non-arbitrability of those claims or disputes shall in no way affect the arbitrability of any other claims or disputes.

2.1.2

If, for any reason, the FCC or any other federal or state regulatory agency exercises jurisdiction over and decides any dispute related to this Agreement, or to the Telecommunications Act of 1996, or to any tariff and, as a result, a claim is adjudicated in both an agency proceeding and an arbitration proceeding under this Attachment 3, the following provisions shall apply:

2.1.2.1

To the extent required by law, the agency ruling shall be binding upon the Parties and shall take precedence over any contrary ruling of the arbitrator for those matters within the jurisdiction and authority of such agency.

2.1.2.2

The arbitration ruling rendered pursuant to this Attachment 3 shall be binding upon the Parties for purposes of establishing their respective contractual rights and obligations under this Agreement.

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Informal Resolution of Disputes

3.1

Prior to initiating an arbitration pursuant to the American Arbitration Association (AAA) rules, as described below, the Parties to this Agreement shall submit any dispute between NEVADA and CLEC for resolution to an Inter-Company Review Board consisting of one representative from CLEC at the Director-or-above level and one representative from NEVADA at the Vice-President-or-above level (or at such lower level as each Party may designate).

3.2

The Parties may enter into a settlement of any dispute at any time. The Settlement Agreement shall be in writing, and shall identify how the Arbitrator’s fee for the particular proceeding, if any, will be apportioned.

3.3

At no time, for any purposes, may a Party introduce into evidence or inform the Arbitrator of any statement or other action of a Party in connection with negotiations between the Parties pursuant to the Informal Resolution of Disputes provision of this Attachment 3.

Initiation of an Arbitration

If the Inter-Company Review Board is unable to resolve the dispute within 30 days (or such longer period as agreed to in writing by the Parties) of such submission, and the Parties have not otherwise entered into a settlement of their dispute, either Party may initiate an arbitration in accordance with the AAA rules.

Governing Rules for Arbitration

The rules set forth below and the rules of the AAA shall govern all arbitration proceedings initiated pursuant to this Attachment; however, such arbitration proceedings shall not be conducted under the auspices of the AAA unless the Parties mutually agree. Where any of the rules set forth herein conflict with the rules of the AAA, the rules set forth in this Attachment shall prevail.

Appointment and Removal of Arbitrator

6.1

A sole Arbitrator (the “Arbitrator”) will preside over each dispute submitted for arbitration under this Agreement.

6.2

The Parties shall appoint each Arbitrator. Each Arbitrator will serve until a decision is rendered. Each appointment will be made by mutual agreement in writing within thirty (30) days after the Parties have initiated an arbitration proceeding (or such longer period as the Parties may mutually agree to in writing).

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6.3

In the event that an Arbitrator resigns or becomes unable to discharge his or her duties, the Parties shall, by mutual written Agreement, appoint a replacement Arbitrator within thirty (30) days after such resignation, removal, or inability, unless a different time period is mutually agreed upon in writing by the Parties. Any matters pending before the Arbitrator at the time he or she resigns, is removed, or becomes unable to discharge his or her duties, will be assigned to the replacement Arbitrator as soon as the replacement Arbitrator is appointed.

6.4

In the event that the Parties do not appoint an Arbitrator within the time limit set forth in Section 6.2 of this Attachment 3, or a replacement Arbitrator within the time limit set forth in Section 6.3 of this Attachment 3, either Party may apply to AAA for appointment of such Arbitrator. Prior to filing an application with the AAA, the Party filing such application shall provide ten (10) days prior written notice to the other Party to this Agreement.

Duties and Powers of the Arbitrator

7.1

The Arbitrator shall receive complaints, and other permitted pleadings, oversee any discovery which is permitted, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, 9 U.S.C. Section 1 et seq., hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, or imposition of sanctions for abuse or frustration of the arbitration process, except that the Arbitrator may not award injunctive relief, punitive damages or any remedy rendered unavailable to the Parties pursuant to Sections 9.3 of this Agreement.

7.2

The Arbitrator shall not have the authority to limit, expand, or otherwise modify the terms of this Agreement.

Discovery

There shall be no discovery except for the exchange of documents deemed necessary by the Arbitrator to an understanding and determination of the dispute. NEVADA and CLEC shall attempt, in good faith, to agree on a plan for document discovery. Should they fail to agree, either NEVADA or CLEC may request a joint meeting or conference call with the Arbitrator. The Arbitrator shall resolve any disputes between NEVADA and CLEC, and such resolution with respect to the need, scope, manner, and timing of discovery shall be final and binding.

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Privileges

Although conformity to formal rules of evidence may not be necessary in connection with arbitrations initiated pursuant to this Attachment, the Arbitrator shall, in all cases, apply the attorney-client privilege and the work product immunity doctrine.

10.

Location of Hearing

Unless both Parties agree otherwise, any arbitration hearings will be held in Reno, Nevada.

11.

Decision

The Arbitrator’s decision and award shall be final and binding, and shall be in writing unless the Parties mutually agree in writing to waive the requirement of a written opinion. Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof. Either Party may apply to the United States District Court for the district in which the hearing occurred for an order enforcing the decision.

12.

Fees

12.1

The Arbitrator shall, in his or her discretion, apportion the Arbitrator’s fees and expenses to reflect the relative success of each Party. In accordance with Section 3.2. of this Attachment 3, in the event that the Parties settle a dispute before the Arbitrator reaches a decision with respect to that dispute, the Settlement Agreement must specify how the Arbitrator’s fees for the particular proceeding will be apportioned.

12.2

In an action to enforce or confirm a decision of the Arbitrator, the prevailing Party shall be entitled to its reasonable attorneys’ fees, costs, and expenses necessarily incurred in the enforcement proceedings without regard to the local rules of the district in which the suit is brought.

13.

Confidentiality

13.1

NEVADA, CLEC, and the Arbitrator will treat the arbitration proceeding, including the hearings and conferences, discovery, or other related events, as confidential, except as necessary in connection with a judicial challenge to, or enforcement of, an award, or unless otherwise required by an order or lawful process of a court or governmental body.

13.2

In order to maintain the privacy of all arbitration conferences and hearings, the Arbitrator shall have the power to require the exclusion of any person, other than a Party, counsel thereto, or other essential persons.

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13.3

To the extent that any information or materials disclosed in the course of an arbitration proceeding contains proprietary or confidential information (Confidentiality Information) of either Party, it shall be safeguarded in accordance with Section 16 of the General Terms and Conditions of this Agreement. However, nothing in Section 16 of the General Terms and Conditions of this Agreement shall be construed to prevent either Party from disclosing the other Party’s Confidential Information to the Arbitrator in connection with or in anticipation of an arbitration proceeding. In addition, the Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information.

14.

Service of Process

Service may be made by submitting one copy of all pleadings and attachments and any other documents requiring service to each Party and one copy to the Arbitrator. Service shall be deemed made (i) upon receipt if delivered by hand; (ii) the next business day if sent by overnight courier service; or (iii) upon confirmed receipt if transmitted by facsimile. If service is by facsimile, a copy shall be sent the same day by hand delivery or overnight courier service.

Service by CLEC to NEVADA and by NEVADA to CLEC at the address designated for delivery of notices in this Agreement shall be deemed to be service to NEVADA or CLEC, respectfully.

ATTACHMENT 4 DIRECTORY LISTING REQUIREMENTS - NV

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NEVADA/LIBERTY TELECOM LLC

ATTACHMENT 4

DIRECTORY LISTING REQUIREMENTS

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ATTACHMENT 4

DIRECTORY LISTING REQUIREMENTS

General

NEVADA shall make available to CLEC, for CLEC customers, non-discriminatory access to its telephone number and address directory listings (“Directory Listings”), under the following terms and conditions:

White and Yellow Page Listings

NEVADA contracts the publishing and distribution of white and yellow pages directories. With respect to those directories, upon receipt of the necessary customer information from CLEC, NEVADA will include a standard, basic listing of CLEC’s residence customers in the appropriate white pages directory and, for business customers, NEVADA will provide a standard, basic listing of CLEC’s customers for inclusion in the appropriate white pages and yellow pages directories at no charge. Additionally, CLEC’s customers each will have delivered to them at no charge one copy of appropriate white and yellow pages directories. Where an CLEC Customer has two numbers for a line due to the implementation of Interim Local Number Portability, the second number shall be considered part of the one White Pages basic listing. NEVADA shall permit CLEC two options for non-published service:


Option 1		The non-published listing of CLEC’s customer will be included in the non-published directory information database. Option 1 will be provided at the same price Nevada charges its end user customers for the same option.

Option 2		The non-published listing of CLEC’s customer will not be included in the non-published directory information database. Option 2 will be provided at no additional cost to CLEC.

NEVADA shall include in its master subscriber list database all Subscriber Listing Information for CLEC customers, except those utilizing Option 2; NEVADA’s use of CLEC Subscriber Listing information is subject to Section 6 of this Attachment 4.

Directories

3.1

Subject to the limitations set forth in this section, NEVADA shall deliver Directory Listings in book form (“Telephone Directories”) to each of CLECs exchange service customers with or without charge on the same basis that it delivers Telephone Directories to its own customers with or

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NEVADA/LIBERTY TELECOM LLC

without charge. Timing of such delivery and the determination of which Telephone Directories shall be delivered (whether by customer address, NPA/NXX or other criteria), and the number of Telephone Directories to be provided per customer, shall be provided under the same terms that NEVADA delivers Telephone Directories to its own local service customers provided, however, that NEVADA will deliver all directory listings in book form to CLEC for those CLEC customers receiving non-published service Option 2. NEVADA shall bulk deliver these “Option 2” directories to one location in NEVADA’s serving territory to be mutually agreed to by the Parties

3.2

NEVADA shall make available recycling services for Telephone Directories to CLEC customers under the same terms and conditions that NEVADA makes such services available to its own local service customers.

Directory Listing Criteria

The general terms relating to joint user listings, directory listings, and non-published listings set forth in NEVADA’s PUC Tariff No. A, Sections 5.6 and 5.7 shall be available at wholesale rates as specified in Attachment 8 and shall be no less favorable than the wholesale rates made available by NEVADA to similarly situated CLCs. Information relating to paid advertising, publication schedules and coverage of specific directories may be obtained by CLEC from NEVADA’s electronic CLC handbook. NEVADA will automatically update the CLC Handbook as product offerings or product process changes are made. Listing handbook updates will be available automatically and will include all changes to the directory listing criteria. Until such time as NEVADA’s CLC handbook is available through LI-OFFICE, NEVADA shall provide an updated paper copy of the CLC Listings Handbook on a quarterly basis starting not later than thirty (30) days after the Effective Date of this Agreement. Once the CLC Handbook is available electronically, NEVADA will cease providing CLEC with paper copies thereof.

Customer Guide Pages

The Parties agree that all Parties shall have the opportunity to have customer service pages published in the appropriate directories. These pages are found in the front section of the directory and provide customer service information, phone numbers, etc. A maximum of two free pages (equivalent of one published page front and back), will be provided without charge to CLEC. CLEC shall be treated in a non-discriminatory manner and pages in excess of two will be charged at parity with the rate NEVADA pays its directory publisher for the same service. The rate for each page is based on the current directory configuration of two customer guide sections, “Reno/Carson City and Surrounding Areas” and the “Out State”. The rate is per page and will be printed in both sections. The

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first two pages will be free. The Customer Guide Page rate is based on NEVADA’s cost for each page and is available upon request. The form and content of such customer information section shall be determined by CLEC and shall be provided by CLEC to NEVADA. However, neither Party’s content can contain puffery or rate comparisons with other companies. At CLEC’s option, the form and content of this customer information may very per community directory. The rate for each additional Customer Guide Page is based on NEVADA’s cost for each page and is available upon request.

Sale of CLEC Subscriber Listing Information

NEVADA will include Subscriber List Information of published CLEC local exchange customers in NEVADA’s Telephone Directory Reproductions Rights Service, unless instructed in writing by CLEC not to release Subscriber List Information to independent directory publications. NEVADA will include the Subscriber List Information of CLEC local exchange customers in NEVADA’s voice and electronic Directory Assistance Services.

ATTACHMENT 5 LOCAL SERVICES RESALE - NV

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ATTACHMENT 5

LOCAL SERVICES RESALE

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LOCAL SERVICES RESALE

Telecommunications Services Provided for Resale

1.1.

This Attachment describes several services which NEVADA shall make available to CLEC for resale pursuant to this Agreement. This list of services is neither all inclusive nor exclusive. All Telecommunications Services or offerings of NEVADA which are to be offered for resale at wholesale rates pursuant to the Act, regulations thereunder, and relevant Commission decisions, are subject to the terms herein, even though they are not specifically enumerated or described. NEVADA shall also provide support functions and service functions, as set forth in Sections 4 and 5 of this Attachment 5. The Telecommunications Services provided for resale, and the service functions and support functions provided by NEVADA to CLEC pursuant to this Agreement are collectively referred to as “Local Service.” NEVADA shall make promotional offerings available to CLEC for resale. NEVADA shall apply the wholesale discount to the retail price or ordinary rate for a retail service rather than a special promotional rate when such promotions will be in effect for no more than 90 days and NEVADA does not use such promotional offerings to evade its wholesale rate obligations. If NEVADA offers a new service or a service which has not been tariffed on a short-term promotional basis, it must establish the standard retail price or ordinary rate for those services and make those services available to CLEC at that price less the wholesale discount. NEVADA will not use such promotional offerings to evade the wholesale rate obligation, for example by making available a sequential series of 90-day promotional rates.

1.2.

The rights, obligations and duties set forth in this Attachment are subject to the Act, regulations thereunder, and relevant Commission decisions.

General Terms and Conditions for Resale

2.1.

Pricing

The prices charged to CLEC for resold Local Service are set forth in Attachment 8 of this Agreement. All Telecommunications Services, including without limitation, promotions, pricing plans, Lifeline Services custom offers and discounts for volume and term commitments, shall be available to CLEC at wholesale rates as specified in Attachment 8, and shall be no less favorable than the wholesale rates made available by NEVADA to similarly situated CLCs; provided, however, pursuant to Section 252 of the Act, implementing regulations and any court or Commission decisions applicable thereto, NEVADA shall make available

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to CLEC, without unreasonable delay, any Local Service contained in any agreement to which NEVADA is a party that has been filed and approved by the Commission. NEVADA shall also make available custom offers at wholesale rates, provided, however, that custom offers shall only be available for resale to similarly situated customers and further provided that avoided costs for such custom offers shall be determined by the methodology adopted by the Commission. CLEC shall receive the same volume discounts from NEVADA for Telecommunications Services, including CENTREX, based on its wholesale volume that NEVADA provides to its retail customers based on their retail volume without regard to the number of customers to which CLEC resells such service. In no event shall CLEC be required to agree to volume or term commitments (other than those which may be applicable to NEVADA’S end user customers) as a condition for obtaining Local Service at wholesale rates.

2.2.

Resale Restrictions

To the extent consistent with applicable rules and regulations of the FCC and the Commission, CLEC may resell Local Services to provide Telecommunications Services. NEVADA will not impose unreasonable or discriminatory conditions or limitations on the resale of its Telecommunications Services. Services that NEVADA has grandfathered or grandfathers in the future may only be resold to end-user customers already subscribing to those same services. Lifeline Service may be resold only to end-user customers who would be eligible to receive Lifeline Service from NEVADA.

2.3.

Dialing and Service Parity; Number Retention

2.3.1.

Unless technically infeasible, for resold service, NEVADA shall ensure that all

CLEC customers experience the same dialing parity as similarly-situated NEVADA customers, such that, for all call types: (i) an CLEC customer is not required to dial any greater number of digits than a similarly-situated NEVADA customer; (ii) the CLEC customer may retain its local telephone number with no loss of features and functionalities; and (iii) the post-dial delay (time elapsed between the last digit dialed and the first network response), call completion rate and transmission quality experienced by an CLEC customer is at least equal in quality to that experienced by a similarly-situated NEVADA customer. This subsection shall apply to 1+ intraLATA calls on the availability date resulting from any Commission order authorizing or requiring intraLATA toll dialing parity in Nevada.

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2.3.2.

For resold services, NEVADA shall ensure that all CLEC customers experience the same service levels as similarly situated NEVADA customers, and, unless technically infeasible, that there is no loss of features or functionalities, including, but not limited to: same dial tone and ringing; same capability for either dial pulse or touch tone recognition; flat and measured services; speech recognition as available; same extended local free calling area; 1+ IntraLATA toll calling; InterLATA toll calling and international calling; 500, 700, 800/888, 900, and dial around (10XXX/101XXX) services; and restricted collect and third number billing.

2.4.

Changes in Retail Service

NEVADA will notify CLEC of any changes in the terms and conditions under which it offers Local Telecommunications Services at retail to subscribers who are not telecommunications service providers or carriers, at least 60 days prior to the effective date of such change.

2.5.

Primary Local Exchange Carrier Selection

NEVADA shall apply the principles set forth in Section 64.1100 of the FCC Rules (47 C.F.R. Section 64.1100) to the process for end-user selection of a primary local exchange carrier. NEVADA shall not require a written letter of authorization from the customer, and shall not require a disconnect order from the customer, another carrier, or another entity, in order to process an CLEC order for Local Service for the customer.

2.6.

Forecasts

CLEC shall provide to NEVADA forecasts of the number of Resale Services at a LATA level on a semi-annual basis. CLEC will provide the first such forecast prior to submitting the first Link order. Where and when CLEC has forecasts for Links at a more discrete level, CLEC will provide such forecasts to NEVADA.

Requirements for Specific Services

3.1.

CENTREX Requirements

3.1.1.

At CLEC’s option, CLEC may purchase the entire set of CENTREX features or a subset of any one or any combination of such features. The CENTREX Service provided for resale will meet the following requirements:

3.1.1.1.

All deployed features and functions of CENTREX Service offered to any NEVADA customer, whether offered under tariff or otherwise filed with the Commission, shall be available to CLEC, where deployed, for resale, without any customer class restrictions other than those which may be

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imposed by applicable orders of the FCC or the Commission.

3.1.1.2.

NEVADA shall provide to CLEC a list of all CENTREX features and functions offered by NEVADA within thirty (30) days or less of the Effective Date of this Agreement.

3.1.1.3.

All service levels and features of CENTREX Service provided by NEVADA for resale by CLEC shall be at parity to those provided to NEVADA’s end user customers.

3.1.1.4.

CLEC shall pay a one time, non-recurring charge, as set forth in Attachment 8 of this Agreement to pay for the cost of suppressing the need for CLEC customers to dial “9” (“Assumed Dial 9”) when placing calls outside the CENTREX System.

3.1.1.5.

CLEC may utilize Automatic Route Selection (ARS).

3.1.1.6.

CLEC may aggregate the CENTREX local exchange and IntraLATA traffic usage of CLEC Customers to qualify for volume discounts on the basis of such aggregated usage.

3.1.1.7.

CLEC may aggregate multiple CLEC Customers on dedicated access facilities. CLEC shall pay the rates for DS-1 termination set forth in Attachment 8 of this Agreement for such service.

3.2.

CLASS and Custom Calling Features Requirements

Where deployed and offered, CLEC may purchase the entire set of CLASS and Custom Calling features and functions, or any one or any combination of such features, on a customer-specific basis, without restriction on the minimum or maximum number of lines or features that may be purchased. NEVADA shall provide to CLEC a list of all such CLASS and Custom features and functions within thirty (30) days or less of the Effective Date of this agreement.

3.3.

Exception Account Notification

3.3.1.

An end-user customer account may be considered an “Exception Account,” for purposes of this Agreement, when certain conditions exist (e.g. the LifeLine Service rate is billed, Deaf and Disabled equipment has been provided, tax exemptions exist, participation in other programs which provide for reduced or special rates, or subsidies).

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3.3.2.

NEVADA shall forward the account information to CLEC which identifies a specific end-user as currently eligible and participating in such programs, in an electronic format in accordance with the procedures set forth in this Attachment and Attachment 11.

3.3.3.

NEVADA shall provide Lifeline Service to CLEC for resale until such time as CLEC becomes eligible to receive support from the federal Lifeline subsidy program. Thereafter, NEVADA shall provide CLEC the capabilities required for Lifeline Service at parity with the Lifeline Service offered to NEVADA’s end-user customers.

3.4.

Intercept and Transfer Services

Upon request from CLEC, NEVADA will provide an intercept referral message that includes any new CLEC telephone number for the same period of time as Nevada provides to its existing end user customers, and NEVADA will provide directory updates at the next publication. This intercept referral message shall be approved by CLEC and shall be similar in format to the intercept referral messages currently provided by NEVADA for its own end users.

3.5.

E911/911 Services

NEVADA shall provide to CLEC, for CLEC customers, E911/911 call routing to the appropriate Public Safety Answering Point (PSAP) at parity to that provided to NEVADA’s end-user customers. NEVADA’s ALI database shall provide the PSAP with CLEC customer information. Nevada will assist the PSAP in determining the appropriate CLC to contact in the case of misrouted calls belonging to each CLC. NEVADA will provide CLEC with access to NEVADA’s Master Street Address Guide (MSAG), in paper form and magnetic tape, for purposes of allowing CLEC to update and validate customer records in the E911 Management System (E911 MS) database used to support E911/911 services. NEVADA will provide CLEC revised copies of the MSAG on a quarterly basis until such time as it is electronically available through EDI, at which time NEVADA will no longer provide CLEC with paper or tape copies thereof. NEVADA will offer to CLEC a diskette version of the MSAG, when available. NEVADA will use all reasonable efforts to maintain the MSAG database consistent with correct information in the PREMIS database. Nothing in this Agreement precludes CLEC from establishing and updating its own ALI/DMS data base.

Support Functions for Resold Services:

4.1.

The following support functions are offered in conjunction with a resold service: Operator Services. Operator Services consists of Directory Assistance and Operator Assistance.

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4.2.

Routing to Operator Services

Where CLEC purchases resold Local Service, at CLEC’s option, NEVADA will provide the functionality and features required to modify the originating subscriber’s line at NEVADA’s local switch (LS) or, when intraLATA presubscription is implemented, NEVADA’s Access Tandem (AT) to route all calls to the CLEC Network for Operator Services. Such routing to CLEC’s Operator Services shall be available as specified in Attachment 6, Section 7.1.4.

4.2.1.

Operator Services:

Operator Assistance calls which, at CLEC’s option, are routed to NEVADA will meet the following requirements:

4.2.1.1.

The calls will be unbranded, with no reference, express or implied, to NEVADA. When technically feasible the calls will be branded “CLEC” or such other brand as may be requested by CLEC.

4.2.1.2.

NEVADA will provide the following services to CLEC’s end users at no charge in parity with the information NEVADA provides its own end users:

4.2.1.2.1

For intraLATA rates where CLEC concurs with NEVADA’s rates, NEVADA will quote call time and charges for CLEC’s end users.

4.2.1.2.2

For intraLATA rates where CLEC does not concur with NEVADA’s rates, NEVADA will transfer CLEC’s end user to the number supplied by CLEC for such requests.

4.2.1.2.3

For interLATA rate information and calling plan rate information, NEVADA will provide CLEC’s end user with appropriate dialing instructions to reach their carrier for such information.

4.2.1.3.

NEVADA will provide Operator Services to CLEC which are at parity with services which NEVADA provides to itself and its own end-user customers.

4.2.2.

Directory Assistance:

4.2.2.1.

In accordance with the availability as specified in Section 7.1.4 of Attachment 6 to this Agreement, at CLEC’s option,

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NEVADA shall route local Directory Assistance calls dialed by CLEC customers directly to the specified CLEC trunk group. With implementation of IntraLATA Presubscription, intraLATA foreign NPA calls will be routed based upon the end user’s intraLATA PIC.

4.2.2.2.

Subject to the conditions set forth in Attachment 4, Sections 2 and 3, NEVADA will include the CLEC customer’s listing in its Directory Assistance database as part of the Service Order process. NEVADA will honor CLEC customer’s preferences for listing status, including non-published, as noted on the Service Order Request or similar form and will ensure that the listing appears as CLEC requested in the NEVADA database which is used to perform Directory Assistance functions.

4.3.

Operator Assistance:

4.3.1.

NEVADA will provide the full range of Operator Assistance, at the rates set forth in Attachment 8, including, but not limited to, collect, person-to-person, station-to-station, bill-to-third party, busy line verification and busy line interrupt, handicapped caller assistance, and emergency call assist.

4.3.1.1.

At CLEC’s option, and consistent with the implementation schedule set forth in Attachment 6, Section 7.1.4, NEVADA shall route local Operator Assistance calls (0+, 0- ) dialed by CLEC customers directly to the CLEC Local Operator Assistance platform. Such traffic shall be routed over trunk groups specified by CLEC which connect NEVADA end offices and the CLEC Local Operator Assistance platform, using standard Operator Assistance dialing protocols of 0+ or 0-.

4.3.1.2.

NEVADA will provide the functionality and features within its Local Switch (LS) to route CLEC customer dialed 0- and 0+ IntraLATA calls to the CLEC designated trunk on the Main Distribution Frame (MDF) or Digital Cross Connect (DSX) panel via Modified Operator Services Signaling (MOSS) Feature Group C signaling. In all cases, NEVADA will provide post-dial delay at least equal to that provided by NEVADA for its end user customers.

In addition and at CLEC’s request, when intraLATA presubscription is implemented, NEVADA will provide the functionality and features within its Access Tandem to

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route CLEC customer dialed 0- calls to the CLEC designated trunk on the Main Distributing Frame (MDF) or Digital Cross Connect (DSX) panel via Feature Group D signaling to CLEC. On 0+ calls NEVADA will route the calls to the presubscribed carrier of CLEC’s end user customer.

4.3.1.3.

NEVADA will warm-line transfer any CLEC customer requesting rate information to CLEC, as follows:

4.3.1.3.1.

Warm-line transfers without charge: NEVADA will warm-line transfer any CLEC customer requesting intraLATA rate information (except calling plan information), at no charge to CLEC.

4.3.1.3.2.

Warm-line transfers are unavailable under general tariff. At CLEC’s request, subject to a mutually agreed upon contract, NEVADA will warm-line transfer any CLEC customer requesting interLATA, interstate or international rate information, as well as intraLATA calling plan information, and charge CLEC the mutually agreed upon rate for carrier-to-carrier warm-line transfers.

4.3.2.

Repair Calls:

Either Party shall refer repair calls dialed by the other Party’s end-user customer to the repair number supplied by the appropriate Party. When technically feasible at CLEC’s option NEVADA shall provide the ability to route 611 repair calls directly to CLEC’s repair services platform.

4.3.3.

Non-discriminatory Treatment:

All direct routing capabilities described herein shall permit CLEC customers to dial the same telephone numbers for CLEC Directory Assistance or Local Operator that similarly-situated NEVADA customers dial for reaching equivalent NEVADA services. Such non-discriminatory dialing to reach CLEC’s Directory Assistance or Local Operator shall be available consistent with the implementation schedule in Attachment 6, Section 7.1.4.

4.3.4.

Emergency Calls:

NEVADA, no later than ten (10) business days after the Effective Date, shall provide to CLEC the emergency public agency (e.g., police, fire, ambulance) telephone numbers linked to each NPA-NXX. Such data will be transmitted via the Electronic Interface

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described in Attachment 11, or by an interim means agreed by the Parties. NEVADA will electronically transmit to CLEC, in a timely manner, all changes, alterations, modifications and updates to such data. NEVADA shall accurately transmit information provided to NEVADA by the emergency public agency, but assumes no liability for the accuracy of such information.

4.4.

Busy Line Verification and Emergency Line Interrupt

Until such time as an electronic interface is made available by NEVADA to access NEVADA’s switch for Operator Services, if CLEC has purchased the resale line without NEVADA’s Operator Services, NEVADA will offer Operator-to-Operator BLV/BLVI to CLEC on a non-discriminatory basis, in accordance with LERG instructions. NEVADA requires that a reciprocal BLV/BLVI network be established between NEVADA and CLEC’s operator service provider.

4.5.

Access to the Line Information Database

NEVADA shall update and maintain CLEC customer information in the Line Information Database (“LIDB”) in the same manner and on the same schedule that it maintains information in LIDB for NEVADA customers.

4.6.

Telephone Line Number Calling Cards

Effective as of the date of an end-user’s subscription to CLEC Service, NEVADA will remove any NEVADA-assigned telephone line calling card number (including area code) (“TLN”) from the LIDB.

4.7.

Call Blocking

Upon CLEC’s request, NEVADA will provide blocking on a line by line basis of an CLEC customer’s access to any or all of the following call types: 900, bill to third and collect, and such other call types for which NEVADA provides blocking to similarly situated customers.

4.8.

Pay Phone Services

4.8.1.

“Pay Phone Service” is defined by Section 276 of the Act and any FCC and Commission regulations adopted thereto. These services may include the provision of service from public pay telephones, the provision of inmate telephone service in correctional institutions, and the provision of any ancillary services within the meaning of Section 276 of the Act.

4.8.2.

Pay phone lines are defined as the loop from the pay phone set point of demarcation to the Serving Wire Center. Pay phone lines are attached to coinless and coin pay phone sets (e.g. NEVADA’s COPT service).

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4.8.3.

NEVADA will provide CLEC all retail telecommunications functions and features provided by NEVADA through pay phone lines, in the same form, made available by NEVADA to customers for its pay phone line customers (e.g. COPT providers).

4.8.4.

Each Party will comply with Section 276 of the Act and FCC regulations adopted thereunder in connection with selection of carriers for intraLATA, interLATA and international telephone services from pay phone sets.

Service Functions

5.1.

Electronic Interface

5.1.1.

In the event that an EDI interface has not been deployed prior to CLEC’s intent to enter the NEVADA market, NEVADA shall provide an interim electronic interface known as Resale Mechanized Interface/Network Data Mover (“RMI/NDM”) for transferring and receiving all Service Orders and related information such as Firm Order Confirmations (FOC), Jeopardies, Rejects, Simple and Complex Completions. The NDM network interface shall be administered through a gateway that will serve as a single point of contact for the transmission of data from CLEC to NEVADA, and from NEVADA to CLEC. The requirements and implementation of such a data transfer system are/will be set forth in Attachment 11 and are incorporated by this reference as though fully set forth herein. An NDM interface will be made available within thirty (30) days of NEVADA’s receipt of a written request from CLEC to make such interface available or upon implementation at Pacific Bell, whichever is earlier. It is understood that this interface will be the same as that implemented within Pacific Bell.

5.1.2.

For the Long Term, NEVADA and CLEC agree to adopt an Electronic Interface (“El”) standard to transmit and receive Pre-Order, Order and Provisioning data in a “real time” environment. CLEC and NEVADA will exchange requests and responses over the EDI interface established between CLEC and Pacific Bell. Both companies agree that this solution is in their mutual best interest and will negotiate in good faith for the earliest possible deployment of an El standard, as set forth in Attachment 11. It is understood that this interface will be the same as that implemented within Pacific Bell, and that deployment within NEVADA will be in conjunction with deployment in Pacific Bell.

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5.2.

Work Order Processes

5.2.1.

NEVADA shall ensure that all work order processes used to provision Local Service to CLEC for resale meet the service parity requirements set forth in this Agreement or its Attachments

5.2.2.

Additional Service Ordering, Provisioning, Maintenance, Billing and Customer Usage Data requirements and procedures are set forth in Attachments 11, 12, 13 and 14.

5.3.

Point of Contact for CLEC Customers

5.3.1.

Except as otherwise provided in this Agreement, CLEC shall be the single and sole point of contact for all CLEC customers.

5.3.2.

Each Party shall refer all questions regarding the other Party’s service or product directly to the other Party at a telephone number specified by the other Party.

5.3.3.

Each Party shall ensure that all their representatives who receive inquiries regarding the other Party’s services: (i) provide such numbers to callers who inquire about the other Party’s services or products; and (ii) do not in any way disparage or discriminate against the other Party, or its products or services; (iii) shall not use these misdirected calls as opportunities to solicit the move from one company to another.

5.4.

Single Point of Contact

Each Party shall provide the other Party with a Single Point of Contact (SPOC) for all inquiries regarding the implementation of this Attachment. Each Party shall accept all inquiries from the other Party and provide timely responses.

5.5.

Pre-Service Order Information

To facilitate the ordering of new service for resale or changes to such service to an CLEC customer (Service Order), NEVADA shall provide, consistent with the information exchange as set forth in Attachment 11, Appendix A, CLECs representatives with access to NEVADA’S address, telephone number, and switch feature information. This will allow CLEC to perform functions such as, but not limited to, Telephone Number Assignment, an LSO to address correlation, service and feature availability by Switch type and other such functions which are deemed

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necessary to provide the customer with a common experience when dealing with CLEC. NEVADA shall comply with CLEC requests to:

5.5.1.

Obtain customer information, including customer name, billing and residence address, billing telephone number(s), current participation in Voluntary Federal Customer Financial Assistance Program if available, Telephone Relay, and other similar services, and identification of NEVADA features and services subscribed to by customer;

5.5.2.

Obtain information on all features and Local Telecommunication Services available for resale by switch CLLI/NPA-NXX. This information will be provided monthly on diskette. When the interfaces specified in Section 5.1.2 are implemented for real-time access via an electronic interface, NEVADA will no longer provide CLEC with a monthly diskette;

5.5.3.

Enter the CLEC customer order for all desired features and services;

5.5.4.

Assign a telephone number (if the CLEC customer does not have one assigned);

5.5.5.

Identify the appropriate primary directory for each end-user location;

5.5.6.

Identify “next available due date” for service installation;

5.5.7.

Provide service availability dates;

5.5.8.

Order local, intraLATA toll service, and enter CLEC customer’s choice of primary interexchange carrier on a single, unified order;

5.5.9.

Suspend or terminate service to an CLEC customer for non payment and restore service, as appropriate, at parity with NEVADA’s ability to suspend or terminate service;

5.5.10.

Obtain street address information for address verification and street-address-to-wire-center correlation; and,

5.5.11.

Obtain Directory Book Codes and Publication Close Dates by NPA-NXX and Service Area Name. This information is available in NEVADA’s CLC Handbook.

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5.6.

Provisioning

After receipt and acceptance of a Service Order, NEVADA shall provision such Service Order in accordance with the performance standards set forth in Attachment 17 and as set forth below:

5.6.1.

NEVADA shall provide CLEC with service status notices, within mutually agreed-upon intervals. Such status notices shall include the following:

5.6.1.1.

Firm order confirmation, including service availability date, and the need for a service dispatch;

5.6.1.2.

Order completion notification of installation which details the work performed, date completed and any additional information, such as material charges;

5.6.1.3.

Rejections/errors in Service Orders;

5.6.1.4.

Jeopardies and missed appointments;

5.6.1.5.

Charges associated with necessary construction;

5.6.1.6.

Except for basic exchange service, order status at critical intervals;

5.6.1.7.

Except for basic exchange service, test results, where available, will be provided in a form mutually agreeable.

5.6.2.

Where NEVADA provides installation, NEVADA shall advise an CLEC customer to notify CLEC immediately if the CLEC customer requests a service change at the time of installation.

5.6.3.

NEVADA shall provide provisioning support to CLEC at parity with the normal business hours it supports its own retail unit. Currently, those hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. PST. In the event NEVADA changes its hours of operations, NEVADA will notify CLEC of such change in writing.

5.6.4.

NEVADA shall provide training for all NEVADA employees who may communicate, either by telephone or face-to-face, with CLEC customers, during the provisioning process. Such training shall instruct the NEVADA employees not to disparage or discriminate against CLEC, its products or services, and shall comply with the branding requirements of this Agreement.

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5.6.5.

At CLEC’s option, CLEC may designate directory listings (Directory Assistance listing and Telephone Directory listing) for existing customers be migrated “as is”, with no additional information required.

5.7.

Maintenance

Maintenance shall be provided in accordance with the requirements and standards set forth in Attachment 12. Maintenance will be provided by NEVADA in accordance with the service parity requirements set forth in this Attachment.

5.8.

Provision of Customer Usage Data

NEVADA shall provide the Customer Usage Data recorded by NEVADA. Such data shall include CLEC customer Usage Data for Local Service, including both local and intraLATA toll service, all in accordance with the terms and conditions set forth in Attachment 14.

5.9.

Service/Operation Readiness Testing

5.9.1.

In addition to testing described elsewhere in this Section, NEVADA shall test the systems used to perform the following functions sixty (60) days or less if mutually agreed to by the Parties, prior to commencement of NEVADA’s provision of Local Service to CLEC, in order to establish system readiness capabilities:

5.9.1.1.

All interfaces between CLEC and NEVADA work centers for Service Order, Provisioning;

5.9.1.2.

Maintenance, Billing and Customer Usage Data;

5.9.1.3.

The process for NEVADA to provide customer service records;

5.9.1.4.

The installation scheduling process;

5.9.1.5.

Telephone number assignment;

5.9.1.6.

Procedures for communications and coordination between CLEC SPOC and NEVADA’s Local Operations Center (LOC);

5.9.1.7.

Procedures for transmission of Customer Usage Data; and

5.9.1.8.

Procedures for transmitting bills to CLEC for Local Service.

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5.9.2.

The functionalities identified above shall be tested in order to determine whether NEVADA performance meets the applicable service parity requirements and other performance standards set forth herein. NEVADA and CLEC shall make available sufficient technical staff to perform such testing. NEVADA and CLEC technical staffs shall be available to meet as necessary to facilitate testing. NEVADA and CLEC shall mutually agree on the schedule for such testing.

5.9.3.

At either Party’s request, each Party shall provide to the other Party any results of the testing performed pursuant to the terms of this Attachment. Either Party may review such results and shall notify the other Party of any failures to meet the requirements of this Agreement.

5.9.4.

During the term of this Agreement, NEVADA shall participate in cooperative testing within 30 days of CLEC’s request, whenever it is deemed necessary by CLEC to ensure service performance, reliability and customer serviceability. Additional optional testing, above and beyond that which is normally required to assure NEVADA’s service performance, reliability and customer serviceability, requested by CLEC, will be billed according to the rates outlined in Attachment 8 to this Agreement.

5.10.

Billing For Local Service

5.10.1.

NEVADA shall bill CLEC for Local Service provided by NEVADA to CLEC pursuant to the terms of this Attachment, and in accordance with the terms and conditions for Connectivity Billing and Recording in Attachment 13.

5.10.2.

NEVADA shall recognize CLEC as the customer of record for all Resold Local Service and will send all notices, bills and other pertinent information directly to CLEC unless CLEC specifically requests otherwise.