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ATTACHMENT 10 COLLOCATION - NV

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NEVADA/LIBERTY TELECOM LLC

ATTACHMENT 10

COLLOCATION

ATTACHMENT 10 COLLOCATION - NV

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NEVADA/LIBERTY TELECOM LLC

Collocation

Introduction

This Attachment 10 sets forth the descriptions and requirements for Collocation that NEVADA agrees to offer CLEC under this Agreement. CLEC may use Collocation to provide any feature, function, or service option that Collocation is capable of providing or any feature, function, or service option that is described in the relevant technical references, or as may otherwise be designated by CLEC consistent with the Act, the regulations thereunder and relevant Commission decisions.

Collocation

2.1

Definitions:

2.1.1

Physical collocation is defined in 47 C.F. §. 51.5.

2.1.2

Virtual collocation is defined in 47 C.F. § 51.5.

2.2

Technical Requirements

2.2.1

NEVADA will provide for Physical Collocation and Virtual Collocation of CLEC’s transport facilities and termination equipment necessary for interconnection of CLEC’s network facilities to NEVADA’s network or access to unbundled network elements. Such collocation shall be provided at the rates specified in Attachment 8 and on a non-discriminatory basis in accordance with the requirements of the Act and the FCC’s rules thereunder. If CLEC chooses to subcontract with NEVADA for the construction of the Physical Collocation arrangements as specified in 2.2.9 following, then the charges will be determined on an Individual Case Basis. Collocation shall be established within the time frames provided in NEVADA’s FCC Tariff No. 1, Section 18 as the same may be amended from time to time, which time frame is currently 180 days in most cases. NEVADA will promptly notify CLEC upon completion of construction of Collocation arrangements and will permit CLEC’s use thereof as soon as such arrangements are available.

2.2.2

NEVADA shall permit collocation of any type of equipment used or useful for interconnection or access to Unbundled Network Elements, in accordance with the Act and sections 579 through 582 of the FCC’s First Interconnection Order. Such equipment includes but is not limited to transmission equipment, such as optical terminating equipment and multiplexers, equipment for the termination of basic transmission facilities, Remote Switching Modules (RSM), and such additional types of equipment that may

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be agreed to by the Parties or designated in future FCC or Commission rulings. CLEC will list all of its equipment and facilities that will be placed within the collocated space and the associated power requirements, floor loading and heat release of each piece on the physical collocation application form. If a request by CLEC to collocate is denied on the basis of the equipment to be installed by CLEC, NEVADA shall prove to the Commission that such equipment is not “necessary” as defined by the FCC for interconnection or access to unbundled network elements.

2.2.3

When NEVADA provides Physical Collocation, Virtual Collocation or both to CLEC, NEVADA shall provide an interconnection point or points, physically accessible by both NEVADA and CLEC, at which the cable carrying CLEC’s circuits can enter NEVADA’s premises, provided that NEVADA will designate interconnection points as close as reasonably possible to its premises. NEVADA will provide at least two such interconnection points at each NEVADA premise at which there are at least two entry points for NEVADA’s cable facilities and at which space is available for new facilities in at least two of those entry points. Upon request by CLEC, NEVADA will permit Physical Collocation of microwave transmission facilities, except where such Physical Collocation is not practical for technical reasons or because of space limitation, in which case NEVADA will permit Virtual Collocation of such facilities where technically feasible.

2.2.4

When providing Virtual Collocation, NEVADA will, at a minimum, install, maintain, and repair collocated equipment for CLEC within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of NEVADA; provided, if CLEC utilizes non- standard equipment or equipment not used by NEVADA at the same location, CLEC shall pay for (a) any special equipment NEVADA must purchase, and (b) the training of NEVADA personnel required for NEVADA to install or maintain such non- standard or special equipment.

2.2.5

NEVADA will make space available within or on its premises to CLEC and other requesting telecommunications carriers on a first-come, first-served basis, provided, however, that NEVADA will not be required to lease or construct additional space to provide for Physical Collocation when existing space has been exhausted. To the extent possible, NEVADA will make contiguous space available to CLEC if CLEC seeks to expand an existing collocation space. When planning renovations of existing facilities or constructing or leasing new facilities, NEVADA shall take into account projected demand for collocation space. NEVADA may retain a limited

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amount of floor space for NEVADA’s own specific future uses for a time period up to one year on terms no more favorable to NEVADA than those that apply to other telecommunications carriers seeking to reserve collocation space for their own future use. NEVADA shall relinquish any space held for future use before denying a request for Virtual Collocation on grounds of space limitations, unless NEVADA proves to the Commission that Virtual Collocation at that point is not technically feasible. NEVADA may impose reasonable restrictions on its provision of additional unused collocation space (“warehousing”) as described in Section 586 of the First Interconnection Order to collocating telecommunications carriers, provided, however, that NEVADA shall not set a maximum space limitation on CLEC unless NEVADA proves to the Commission that space constraints make such restrictions necessary.

2.2.6

NEVADA will permit CLEC to collocate equipment and use such equipment to access unbundled Network Elements obtained from NEVADA and will not require CLEC to bring its own transmission facilities to NEVADA’s premises in which CLEC seeks to collocate equipment for purposes of access to unbundled Network Elements.

2.2.7

NEVADA will permit CLEC to interconnect its network with that of another collocating telecommunications carrier at NEVADA’s premises and to connect its collocated equipment to the collocated equipment of another telecommunications carrier within the same premises provided that the collocated equipment is also used for interconnection with NEVADA or for access to NEVADA’s Unbundled Network Elements. NEVADA will provide the connection between the equipment in the collocated spaces of two or more telecommunications carriers via EISCC and any necessary DCS or other equipment at the requesting competitive local carrier’s expense, unless NEVADA permits one or more of the collocating parties to provide this connection for themselves. NEVADA need not permit collocating telecommunications carriers to place their own connecting transmission facilities within NEVADA’s premises outside of the actual Physical Collocation space.

2.2.8

To ensure a smooth transition from current access services to EISCC, CLEC must provide forecasts of its future needs for EISCC capacity by location in advance of its desired transition date. Transferring CLEC interconnection from NEVADA’s current access service transport or entrance facilities to EISCC will be accomplished within a mutually agreed-upon time frame.

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2.2.9

NEVADA will permit CLEC to subcontract the construction of Physical Collocation arrangements with contractors approved by NEVADA, provided that NEVADA will not unreasonably withhold approval of contractors. Approval by NEVADA will be based on the same criteria NEVADA uses in approving contractors for its own purposes.

2.2.10

NEVADA shall provide an EISCC for intraoffice cross-connect as requested by CLEC at any transmission rate NEVADA has available, to meet CLEC’s need for placement of equipment, interconnection, or provision of service at rates specified in Attachment 8.

2.2.11

Other than reasonable security restrictions described in Attachment 16, NEVADA shall place no restriction on access to the CLEC collocated space by CLEC’s employees and designated agents. Such space shall be available to CLEC designated agents twenty four (24) hours per day each day of week. NEVADA will not impose unreasonable security restrictions at the premises. CLEC personnel may, with an escort provided by NEVADA, inspect equipment in a Virtual Collocation location upon and after installation.

2.2.12

CLEC shall have the right, at the point of termination for the EISCC, to assign which tie pair facilities and which channels on multiplexers, concentrators or other equipment under CLEC’s control are used for service in the collocated space.

2.2.13

NEVADA shall allow CLEC to select its own vendors for all required engineering and installation services associated with its collocated equipment (e.g., NEVADA shall not require CLEC to utilize NEVADA’s internal engineering or installation work forces for the engineering and installation of CLEC’s collocated equipment). Installation of equipment in the collocated space must comply with NEVADA’s Installation and Job Acceptance Handbook, which has been provided to CLEC.

2.2.14

CLEC may install monitoring equipment in the collocated space to carry performance, environmental, and security data back to CLEC’s work center for analysis.

2.2.15

At CLEC’s request, NEVADA shall provide POTS with a connection jack for the collocated space. Upon CLEC’s request, this service shall be available at the CLEC collocated space on the day that the space is turned over to CLEC by NEVADA.

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2.2.16

NEVADA shall provide adequate lighting, ventilation, power, heat, air conditioning, and other environmental conditions for CLEC’s space or equipment. These environmental conditions shall adhere to Bell Communication Research (Bellcore) Network Equipment- Building System (NEBS) standards.

2.2.17

NEVADA agrees to negotiate requests by CLEC for diversity of fiber or power cabling on an individual case basis.

2.2.18

NEVADA shall protect as proprietary to CLEC all information provided by CLEC in requesting or maintaining a collocation arrangement. NEVADA shall not provide such information to any third parties and shall limit access to the information to NEVADA employees having a need to know.

2.2.19

NEVADA will complete a Environmental Health & Safety Questionnaire for each building that collocated space is provided in. CLEC may provide this questionnaire with its collocation request and NEVADA shall return it to CLEC no later than the first meeting between representatives of CLEC and NEVADA scheduled to discuss implementation of a collocation application, which generally shall be scheduled within thirty (30) days after CLEC’s collocation request (“First Customer Implementation Meeting”).

2.2.20

NEVADA shall provide CLEC with written notice five (5) business days prior to those instances where NEVADA or its subcontractors may be undertaking a major construction project in the general area of the collocated space occupied by CLEC or in the general area of the AC and DC power plants which support CLEC equipment. NEVADA will inform CLEC by telephone of any emergency related activity that NEVADA or its subcontractors may be performing in the general area of the collocated space occupied by CLEC or in the general area of the AC and DC power plants which support CLEC equipment. Notification of any emergency related activity shall be made immediately prior to the start of the activity so that CLEC can take any action required to monitor or protect its service.

2.2.21

NEVADA shall construct the collocated space in compliance with CLEC’s collocation request and NEVADA’s collocation standards for cable holes, ground bars, doors, and convenience outlets.

2.2.22

CLEC and NEVADA will complete an acceptance walk through of all collocated space requested from NEVADA . Exceptions that are noted during this acceptance walk through shall be corrected by NEVADA within five (5) days after the walk through. The correction

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of these exceptions from the original collocation request shall be at NEVADA’s expense. On a case-by-case basis NEVADA will compensate CLEC $1,000 per day for the delay in cage turnover beyond the negotiated turnover date. This will only apply if NEVADA is negligent, and does not apply for any delays caused by a force majeure condition described in Section 14 of the Main Agreement.

2.2.23

NEVADA shall provide the following to CLEC no later than the first customer meeting:

2.2.23.1

Non-architectural drawings depicting the exact location and dimensions of the collocated space and any physical obstructions

2.2.23.2

NEVADA or Industry technical publication guidelines that impact the design of collocated equipment on NEVADA premises.

2.2.23.3

Work restriction guidelines.

2.2.23.4

Escalation process for the NEVADA representatives (names, telephone numbers, escalation order) for any disputes or problems that might arise pursuant to CLEC’s collocation.

2.2.23.5

NEVADA contacts (name and telephone number) for the following areas:

2.2.23.5.1

Engineering

2.2.23.5.2

Provisioning

2.2.23.5.3

Physical and logical security

2.2.23.5.4

Billing

2.2.23.5.5

Operations

2.2.23.5.6

Site and/or Building Managers

2.2.24

NEVADA shall provide positive confirmation to CLEC when construction of CLEC Collocated space is underway. No later than the Second Customer Implementation Meeting, NEVADA shall notify CLEC of the scheduled completion and turnover dates, and shall provide CLEC the following:

2.2.24.1

Drawings depicting the exact path, with dimensions, for CLEC’s outside plant fiber ingress/egress into CLEC space.

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2.2.24.2

Power cabling connectivity information, including drawings, identifying the sizes and number of power feeders.

2.2.25

Power as referenced in this document refers to any electrical power source supplied by NEVADA for CLEC equipment or Network Elements. Power supplied by NEVADA will support Network Elements or CLEC equipment at equipment specific DC and AC voltages. At a minimum, the power supplied to CLEC, should be at parity with NEVADA. Where NEVADA performance, availability, restoration, etc. falls below industry standards, NEVADA shall bring itself into compliance with such industry standards as soon as technologically feasible. Where CLEC installs equipment requiring unique or additional power requirements, NEVADA will work with CLEC to accommodate such request at CLEC’s expense.

2.2.25.1

Central office power supplied by NEVADA into the CLEC equipment area, should be supplied in the form of power feeders (cables) on cable racking into the designated CLEC equipment area. The power feeders (cables) should efficiently and economically support the requested quantity and capacity of CLEC equipment. The termination location should be as requested by CLEC. The number of feeder cables requested by CLEC, in order to provide maximum reliability to customers, is directly dependent upon the power requirements of the equipment and facilities collocated by CLEC. The number of feeder cables shall be determined by the manufacturer’s recommendation as provided in equipment specifications.

2.2.25.2

NEVADA and CLEC will negotiate resolution of CLEC requests for specific size and amperage of power feed based on standard engineering practices.

2.2.25.3

NEVADA power equipment supporting CLEC’s equipment shall:.

2.2.25.3.1

Comply with applicable industry standards (Bellcore, NEBS, IEEE, etc.) for equipment

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installation, cabling practices, and physical equipment layout;

2.2.25.3.2

Have redundant power feeds with physical diversity where practical and battery back-up at minimum at parity with that provided for similar NEVADA equipment;

2.2.25.3.3

Provide central office ground to each CLEC collocated space via industry standard cable located within the CLEC collocated space at a level above the top of CLEC equipment +/- 2 feet to the left or right of CLEC’s final request provided no structural or physical barrier prevents this from being accomplished, in which case the Parties will mutually agree on the ground location;

2.2.25.3.4

Provide feeder capacity and quantity to support the ultimate equipment layout for CLEC equipment in accordance with CLEC’s collocation request;

2.2.25.3.5

Provide documentation submitted to and received from contractors for any contractor bids for any work being done on behalf of CLEC (this includes but is not limited to power supplies, and cage construction);

2.2.25.3.6

Provide an installation sequence and access that will allow installation efforts in parallel without jeopardizing personnel safety or existing CLEC services;

2.2.25.3.7

Provide power plant alarms that adhere to Bell Communication Research (Bellcore) Network Equipment-Building System (NEBS) standards TR-OP-000063; and

2.2.25.3.8

Provide cabling that adheres to Bell Communication Research (Bellcore) Network Equipment-Building System (NEBS) standards TR-OP-000063.

2.2.25.4

NEVADA will provide CLEC with written notification within ten (10) business days of any scheduled AC or DC power work or related activity in the collocated facility that will cause an outage or any type of power disruption to CLEC

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equipment located in NEVADA facility. NEVADA shall provide CLEC immediate notification by telephone of any emergency power activity that would impact CLEC equipment.

2.2.25.5

NEVADA employees with keys to the collocation area will be permitted to enter the CLEC collocated space only during an emergency, or for annual compliance reviews of the work areas.

2.2.25.6

NEVADA shall ensure that the collocation equipment areas comply with all applicable fire and safety codes.

2.3

Technical References.

NEVADA shall provide Collocation in accordance with applicable published technical references.

ATTACHMENT 11 PROVISIONING AND ORDERING - NV

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NEVADA/LIBERTY TELECOM LLC

ATTACHMENT 11

PROVISIONING AND ORDERING

ATTACHMENT 11 PROVISIONING AND ORDERING - NV

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NEVADA/LIBERTY TELECOM LLC

TABLE OF CONTENTS


1. Network Deployment		3

2. General Provisioning Requirements		3

3. Specific Provisioning Process Requirements		4

4. General Ordering Requirements		6

5. Ordering Interfaces		7

6. NEVADA Provision of Information		8

7. Order Format and Data Elements for Individual Network Elements AND Combinations		8

8. Performance Requirements		10

9. Provisioning Intervals		12

10. Account Maintenance		13

Appendix A

Exhibit 1

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PROVISIONING AND ORDERING

Network Deployment

Throughout the term of this Agreement, the quality of the technology, equipment, facilities, processes, and techniques (including, without limitation, such new architecture, equipment, facilities, and interfaces as NEVADA may deploy) that NEVADA provides to CLEC under this Agreement must be at least equal in quality to that provided by NEVADA to itself,

General Provisioning Requirements

2.1.

Subject to the requirements of Attachment 6, CLEC may order Network Elements either individually or in any combination. Combinations consist of multiple Network Elements to enable CLEC to provide service in a geographic area or to a specific customer and that are placed on the same order by CLEC. To the extent that Combinations or Unbundled Network Elements are related and logically associated with one another, Combinations may be ordered with a single order.

2.2.

Combinations shall be identified and described by CLEC in this Agreement, so that they can be ordered and provisioned together and shall not require the enumeration of each Network Element within that Combination on each provisioning order.

2.3.

NEVADA shall provide all provisioning services to CLEC during the same business hours that NEVADA provisions similar services for its end user customers. 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. CLEC may request NEVADA to provide Saturday, Sunday, holiday, and/or off-hour provisioning services. If CLEC requests that NEVADA perform provisioning services at times or on days other than as required in the preceding sentence, NEVADA shall provide CLEC a quote for such services at rates set forth Attachment 8 of this Agreement. If CLEC accepts NEVADA’s quote, NEVADA shall perform such provisioning services.

2.4.

NEVADA’s LSC is the Single Point of Contact (SPOC) for all ordering contacts and order flow involved in the purchase of Network Elements or Combinations. The SPOC shall provide an electronic interface twenty-four (24) hours a day, seven (7) days a week for all ordering order flows at parity with that NEVADA provides to itself or affiliates. Currently, several systems are less than twenty-four (24) hours per day seven (7) days per week. These systems, without limitation, and their current hours, are as follows:

2.4.1.

CESAR/CLEO, Monday through Friday 7 am to 11 PM, Saturday 7 AM through 5 PM

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2.4.2.

PREMIS, Monday through Saturday 6 AM through 11 PM

2.4.3.

BOSS, Monday through Saturday 6 AM through 11 PM

2.4.4.

SORD, Monday through Friday, 6 AM through 11 PM, Saturday 6 AM through 7 PM

2.4.5.

Scheduled Maintenance, one Sunday per month

2.4.6.

Scheduled changes to all systems, e.g., CESAR 7 PM every third Wednesday, etc.

2.5.

The SPOC shall also provide to CLEC a toll-free nation-wide telephone number (operational during the same hours as NEVADA provides to its own end user customers, currently from 8:00 a.m. to 5:00 p.m., Monday through Friday) which will be answered by capable staff trained to answer questions and resolve problems in connection with the provisioning of Local Service, Network Elements or Combinations. In the event NEVADA changes its hours of operations, NEVADA will notify CLEC of such change in writing.

2.6.

NEVADA and CLEC shall mutually agree upon interface contingency and disaster recovery plans for the ordering and provisioning of Local Service, Network Elements or Combinations.

2.7.

NEVADA will recognize CLEC as the customer of record of all Network Elements or Combinations ordered by CLEC and will send all notices, invoices and pertinent information directly to CLEC.

Specific Provisioning Process Requirements

3.1.

Subject to Attachment 6, when CLEC orders the LSNE (either individually or as part of a Combination), CLEC may also obtain all currently deployed features and functions from the specified NEVADA switch. If CLEC requests a feature or function that is technically available but not deployed in a particular switch, NEVADA shall provide CLEC a quote pursuant to Section 1.6 of Attachment 6. If CLEC accepts the quote, NEVADA shall deploy the feature pursuant to the time frames and charges set forth in the quote. In the event that the Parties cannot agree on the deployment of, or price for such features CLEC may seek Alternative Dispute Resolution pursuant to Attachment 3 of the Agreement.

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3.2.

When requested by CLEC and at CLEC’s option, NEVADA will schedule installation appointments (NEVADA employee dispatch) with NEVADA’s representative on the line with CLEC’s representative or provide CLEC access to NEVADA’s scheduling system through a mutually agreed upon Electronic Interface. NEVADA will provide appropriate training to all NEVADA employees who may communicate, either by telephone or face-to-face, with CLEC customers. 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.

3.3.

Upon request from CLEC, NEVADA will provide an intercept referral message for LSNE that includes any CLEC telephone number on the same basis as such service is available for similarly situated NEVADA 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.

3.4.

NEVADA will provide CLEC with a Firm Order Confirmation (FOC) upon NEVADA’s receipt of each accurate and complete electronically submitted order or reject for each order as specified in Attachment 17, Section A. The Parties agree to accurately define and determine the appropriate form of measurement to be added to Attachment 17, Section A. In the case of Network Elements or Combinations, the FOC must contain an enumeration of CLEC’s ordered Network Elements or Combinations (and the specific NEVADA naming convention applied to that Network Element or Combination), features, options, physical interconnection, quantity, and NEVADA commitment date for order completion (Committed Due Date).

3.5.

Upon completion of the order, NEVADA will provide CLEC electronically (unless otherwise notified by CLEC) with an Order Completion per order that states when that order was completed. NEVADA shall respond with specific order detail as enumerated on the FOC and shall state any additional charges (e.g., Time and Cost charges) up to a previously agreed upon limit associated with that order.

3.6.

For new Network Elements developed based on Section 1.6 of Attachment 6, the Parties will mutually agree on the testing to be used.

3.7.

When CLEC electronically orders a Local Service, Network Element or Combination, NEVADA shall provide notification electronically of any instances when (1) NEVADA’s .Committed Due Dates are in jeopardy of not being met by NEVADA on any Network Element or feature contained in any order for Local Service, Network Elements or Combinations or (2) an order contains Rejections/Errors in any of the data element(s) fields.

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Such notice will be made as soon as the jeopardy or reject is identified. When EDI is available and CLEC elects to place a manual order, NEVADA may notify CLEC of a jeopardy or reject condition via facsimile or telephone call to the CLEC contact identified on the order. In all cases, NEVADA shall concurrently indicate its new committed due date.

3.8.

At CLEC’s request, NEVADA will perform co-operative testing with CLEC (including trouble shooting to isolate any problems) to test Local Service, Network Elements or Combinations purchased by CLEC in order to identify any performance problems identified at turn-up of the service.

3.9.

NEVADA shall inform CLEC if a customer action results in reassignment of an AIN trigger from a CLEC AIN application to some other service provider’s application. Such notification shall be completed within twenty-four (24) hours of the action via electronic interface as described in the Account Maintenance requirements specified in this Attachment.

3.10.

Testing of AIN based services in NEVADA’s AIN test laboratory will identify feature interactions with existing switch-based or other types of services. NEVADA will provide CLEC with a list of feature interactions uncovered during testing of any services. Disclosure of feature interactions to CLEC’s end user will be CLEC’s sole responsibility.

3.11.

NEVADA shall provision correct AIN triggers based on services ordered by CLEC on its provisioning order.

General Ordering Requirements

4.1.

Upon CLEC’s request through a Suspend/Restore Order for LSNE or a Combination containing LSNE, NEVADA shall suspend or restore the functionality of any Network Element or Combination to the extent technically feasible. NEVADA shall implement any restoration priority on a per Network Element or Combination basis in a manner that conforms with CLEC requested priorities and any applicable regulatory policy or procedures. The charges for a Suspend/Restore are set forth in Attachment 8.

4.2.

NEVADA shall provide to CLEC the functionality of blocking calls (e.g., 900 or international calls) by line.

4.3.

Subject to Section 271(e)(2)(B), when intraLATA presubscription is permissible in Nevada, when ordering a Local Switching Element, CLEC may order from NEVADA separate interLATA and intraLATA routing (i.e., 2 PICs where available) on a line.

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4.4.

As directed by CLEC, when CLEC orders a Network Element or Combination, all pre-assigned trunk or telephone numbers currently associated with that Network Element or Combination shall be retained, if directed by CLEC, without loss of feature capability and without loss of associated Ancillary Functions including, but not limited to, Directory Assistance and 911/E911 capability, unless technically infeasible.

4.5.

When CLEC orders Network Elements or Combinations that are currently interconnected and functional, such Network Elements and Combinations will remain interconnected and functional without any disconnection or disruption of functionality. This shall be known as Contiguous Network Interconnection of network elements. Rates to migrate such interconnection are set forth in Attachment 8.

Ordering Interfaces

5.1.

NEVADA shall provide to CLEC an Electronic Data Interface (EDI) for transferring and receiving orders, FOCs, Service Completions, and other provisioning data and materials as set forth in Appendix A and at the rates set forth in Attachment 8. If NEVADA does not meet its scheduled date for deployment of EDI, CLEC may apply to the Commission to impose the most cost-effective and appropriate interim solution in an expedited proceeding.

5.2.

When ordering a LSNE, subject to the implementation as set forth in Appendix A, CLEC’s representatives will have real-time access to NEVADA customer information systems which will allow the CLEC representatives to perform the following tasks:

5.2.1.

Obtain customer service record, including customer name, billing and service 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;

5.2.2.

Obtain information on all features and services available, in end- office where customer is provisioned;

5.2.3.

Enter the order for the desired features and services;

5.2.4.

Provide an assigned telephone number (if the customer does not have one assigned). Reservation and aging of these numbers remain NEVADA’s responsibility;

5.2.5.

Establish the appropriate directory listing;

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5.2.6.

Provide service availability dates to the customer;

5.2.7.

Provide information regarding dispatch/installation schedule, if applicable;

5.2.8.

Order local, intraLATA toll and access to long distance service in a single, unified order;

5.2.9.

Suspension, termination, or restoral of service where technically feasible.

NEVADA Provision of Information

6.1.

NEVADA shall provide to CLEC upon request:

6.1.1.

A list of all services and features technically available from each switch that NEVADA may use to provide a Local Switching Element, by switch CLLI;

6.1.2.

A listing by street address detail, of the service coverage area of each wire center;

6.1.3.

All engineering design and layout information for each Network Element and Combination, in response to an order for the Network Element or Combination;

6.1.4.

A listing of all technically available functionalities for each Network Element or Combination, in response to an order for the Network Element or Combination; and

6.1.5.

As long as Pacific Bell remains the code administrator for NEVADA, Pacific Bell will provide notice of any NPA relief planning meetings so that CLEC may participate in those meetings to reach industry consensus on NPA code relief.

Order Format and Data Elements for Individual Network Elements and Combinations

7.1.

In ordering Network Elements or Combinations, CLEC and NEVADA will utilize standard industry order formats and data elements developed by the Alliance for Telecommunications Industry Solutions (ATIS), including without limitation the Order and Billing Forum (OBF). Industry standards do not currently exist for the ordering of all Network Elements or Combinations. Therefore, until such standard industry order formats and data elements are developed by the ATIS for a particular Network

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Element or Combination, CLEC and NEVADA will use the same format used between CLEC and Pacific Bell to address the specific data requirements necessary for the ordering of those Network Elements or Combinations. In the case where a format does not exist between CLEC and Pacific Bell, CLEC and NEVADA will mutually agree to the appropriate format to be used. There currently exist OBF formats for INP and the following Network Elements: Links, Ports, and Transport. When an ATIS standard or format is subsequently adopted, the Parties will use such standard or format in lieu of any standard or format set forth in this Attachment, unless the Parties mutually agree to continue to use the standard or format set forth herein.

7.2.

CLEC and NEVADA shall use the same ordering and provisioning codes used between CLEC and Pacific Bell for each Network Element or Combination. In the case where ordering and provisioning codes do not exist between CLEC and Pacific Bell, CLEC and NEVADA will mutually agree upon the appropriate codes to be used. These codes shall be known as data elements.

7.3.

Each order for a Network Element or a Combination will contain the following order-level sections, as defined by the OBF or as mutually agreed to by the Parties: Administration, Bill, Contact, and End User Information, e.g. Local Service Request (LSR) form, Access Service Request (ASR) form, End User Information (EU) form.

7.4.

In the absence of an adopted industry standard, the Parties will mutually agree on the ordering vehicle, either ASR or LSR, based on the direction of the industry standards being developed, generally 90 days in advance of placing the first order. Currently, the LSR ordering standards and process seem to be in support of “customer-specific” elements, e.g., local loops whereas ASR ordering standards and processes are being used to support “network type” elements, e.g., interoffice transport.

7.5.

When ordering a Network Element (individually or as part of a Combination), the interconnection and functionality internal to that Network Element will not be specifically ordered by CLEC and will automatically be provided by NEVADA. For example, when ordering the element DT (Dedicated Transport), the use of Digital Cross Connects that might be necessary to provide the connectivity between two interconnection locations will not be described on CLEC’s order.

7.6.

CLEC may purchase Network Elements either individually or in combinations. Combinations of Contiguous Network Elements can be ordered (i) on a case-by-case basis for those Network Elements that are customer-specific; or (ii) on a common-use basis for those Network Elements that are shared by multiple customers.

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7.7.

When ordering either customer-specific or common-usage Combinations, CLEC may specify the functionality of that Combination without the need to specify the configuration of the individual Network Elements needed to perform that functionality. For example: CLEC may also choose to purchase from NEVADA a loop and switching Combination which would be comprised of the Network Elements Local Loop and Local Switching. This Combination would allow CLEC to purchase switching features (such as CLASS features) and functionalities on a per-customer basis.

Performance Requirements

8.1.

Provisioning Intervals: Basic and Assured Links are provided within the same period of time NEVADA provisions its like exchange service in the same area using similar facilities requiring field work (wiring) in most cases. When available, ISDN/xDSL Links and 4-wire Digital Links will have intervals identical to the intervals for NEVADA’s provisioning of its like services. Intervals for a project (7 or more lines to a single end user MPOE on a single service request) are established on a negotiated interval basis between CLEC and NEVADA’s Local Service Center (LSC).

8.2.

Local Interconnection and Local Switching trunks (associated with Options A, B and C) will be provided in the same interval as offered for switched access (FG-B & FG-D) trunks.

8.3.

LIDB/800 database access (DB) is provided on a per call basis with appropriate SS7 interconnection. No additional interval is required.

8.4.

Standard Service Coordination. Link Service will be provided on the due date and, if requested, will be provided during a 4-hour window (either 8 a.m. to 12 p.m. or 1 p.m. to 5 p.m.), on a single service request. The disconnection of service on a line to the connection of the Link to the CLEC collocation arrangement or transport is 5 minutes per link. Additional service coordination is charged as additional labor billing as set forth in Attachment 8 of this Agreement. Links are normally provisioned from 8 a.m. to 5 p.m. Monday through Friday.

Project Service Coordination. The following coordination procedures apply only to Basic Links ordered as a project (7 or more lines to a single end user MPOE on a single service request, or 7 or more lines to a single end user customer at multiple MPOE locations where cutover coordination is related): On each Link order in a Wire Center, CLEC will contact NEVADA and the Parties will agree on a cutover time at least two business days before that cutover time. The cutover time will be defined as a half (1/2) hour window (normally provisioned from 8 a.m. to 5 p.m. Monday through Friday), within which both the CLEC and NEVADA personnel will make telephone contact to begin the cutover activity. Coordination for Basic Links meeting the definition of a project (in this

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paragraph) will be provided by the Parties at no charge unless NEVADA incurs additional costs to accommodate CLEC’s request.

Within the appointed half (1/2) hour cutover time, the CLEC person will call the LOC and when the LOC is reached in that interval such work will begin. If the CLEC person fails to call or is not ready within the appointed interval and if CLEC had not called to reschedule the work at least two hours prior to the start of the interval, CLEC and NEVADA will reschedule the work order on a mutually negotiated basis and CLEC will pay the Service Date Change charge as set forth in Attachment 8 of this Agreement to reschedule the appointment.

If the LOC is not available or not ready when the CLEC person calls during the half (1/2) hour interval, NEVADA will not bill the Service Date Change charge for the Link or Links scheduled for that interval and will reschedule the installation on a mutually negotiated basis. The standard time expected from disconnection of service on a line to the connection of the Link to the CLEC collocation arrangement or transport is 5 minutes. Delays caused by the customer are the responsibility of CLEC.

8.5.

If CLEC has placed an order for Unbundled Network Elements or combinations thereof and subsequently cancels the order, Nevada will bill CLEC cancellation charges according to the work that has been performed by Nevada, as set forth in Attachment 8 of this Agreement.

8.6.

Once an order for Local Service, Network Elements, or combinations of Network Elements has been issued by CLEC and CLEC subsequently requires a new due date the Service Date Change charge as set forth in Attachment 8 of this Agreement shall apply.

8.7.

CLEC and NEVADA will agree to mutual escalation procedures and contacts. Each Party shall notify the other Party of any modifications to these contacts within one (1) week of such modifications.

8.8.

When CLEC requests shorter than standard intervals, i.e. expedites, on a case-by-case-basis, CLEC will pay for all additional costs for performance in excess of NEVADA’s intervals for comparable services at rates as set forth in Attachment 8 of this Agreement. NEVADA agrees to charge CLEC for such services comparable with how NEVADA treats its own end user customers.

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Table A PROVISIONING INTERVALS FOR UNE

Provisioning Intervals

Where comparable retail products or services exist in NEVADA, NEVADA will report provisioning performance monthly as defined in Attachment 17, Parity of Service Performance (these measures will be reflected in Attachment 17 within 30 days of the first order for UNE). Where a comparable retail product or service does not exist, the stated or ICB interval will be used.


UNE	Comparable Measure	Interval
LOOP

Basic Exchange		5bd

Business	• Fieldwork Resale/Retail Business Access Line New Install	4bd

Residence	• Fieldwork Resale/Retail Residence Line New Install	4bd

Four Wire	• Voice grade private line - retail	8bd

ISDN	• BRI ISDN - Retail w/o design (currently available with Centrex only)	5bd after loop qualification

	• PRI ISDN & BRI w/ design - Retail	15bd after AE & customer coordinate 8bd

DS1	• DS1 HICAP - Retail

LOCAL SWITCHING

Local Switch Port		Next Available

Business	Non-Fieldwork Resale/Retail Business Access Line New Install	2bd

Residence	Non-Fieldwork Resale/Retail Residence Line New Install	<2bd

Local Switch Trunks (Opt A, B, or C) LSNE Opt A	Switch Access FG B&D	12bd

LSNE Opt B&C	Stated Interval (per central office) Project-specific interval	45days ICB

DIRECT TRANSPORT

DSO, DS1,	New Install Retail DSO, DS1, Dedicated Line	DSO 8bd DS1

STS-1, DS3	New Install Retail STS-1, DS3, Dedicated Line	10-12bd

SIGNALING SYSTEMS	-

SS7 Port	New Install of a SS7 Port including Screening - Project Specific Interval	Project Specific

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UNE	Comparable Measure	Interval
SIGNALING LINKS

SS7 Transport	New Install of a SS7 A or D Link	28bd

DATABASE

LIDB/800 Database Access	If SS7 interconnection is established with LIDB/800 query access, no additional interval is required. If SS7 interconnection is established and LIDB/800 was part of the original questionnaire, then a translation only order will apply; if not included, then the SS7 Port interval will apply.	23bd

TANDEM SWITCHING

Tandem Switching - Trunks (TS Standard) TS Option 1&2 TS Option 3	Switched Access FGB and FGD Trunk Order Interval if Tandem Configuration is in place Stated Interval Project specific interval	6wks 60 days 30 days Project Specific

10.

Account Maintenance

NEVADA and CLEC agree to the following account maintenance procedures:

10.1

OUTPLOC Transaction Feed

OUTPLOC means when a an CLEC Local Service or LSNE changes from CLEC local exchange service to another local exchange carrier. NEVADA will notify CLEC using a 4205 or a mutually agreed-upon CARE-like electronic record, as required to meet OBF standards, when a customer changes from CLEC Local to a new Local Service provider, NEVADA will provide 4205 or a mutually agreed-upon CARE-like record as required to meet OBF standards six days a week, Monday - Friday (Saturday (when change activity occurs), via the CONNECT:Direct interface. Electronic records will be sent within twenty-four (24) hours of the switch being provisioned for the customer change. CLEC understands that NEVADA may send other CARE-like electronic records on CLEC Local customers based upon mutual agreement of the Parties.

10.2

Change Request Implementation

NEVADA will cease billing CLEC effective as of the date of the customer’s change request. If there is a delay in NEVADA’s implementation of the customer’s change request, NEVADA will issue a credit to CLEC for any

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amounts billed to CLEC with respect to that customer following the date of the customer’s change request.

10.3

Use of Service Order for PIC-only Change

When a an CLEC Local Customer contacts CLEC Local only to request a change of Primary Interexchange Carrier (PIC) from one IEC to another IEC, NEVADA will accept the PIC-only change request from CLEC local on the current service order feed. NEVADA will charge its current tariffed rate applicable to PIC-only changes.

10.4

IEC PIC Change Request

NEVADA will not accept a PIC change request from a Long Distance carrier for CLEC Local customers. NEVADA will return such requests to the IEC indicating CLEC’s Operating Company Number (OCN) utilizing an industry standard CARE-like electronic record.

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OPERATION SUPPORT SYSTEMS

Preordering

1.1

Transaction-Based Information Exchange

The Parties agree that preordering information exchange will be transmitted over the same interfaces according to the same content definition for both resold NEVADA services and those provided using UNE.

1.2

Initial Systems

Prior to implementation of EDI, CLEC will utilize various manual methods, or mechanized methods as the Parties shall mutually agree, of preordering information exchange. The manual methods will include monthly diskettes, facsimile, and/or telephone.

1.3

Long Term Systems

Subsequent to Pacific Bell’s implementation of EDI and thirty (30) days after request from CLEC, NEVADA will implement the transaction of preorder information to CLEC via that same network interface and in accordance with the same format content agreed to between CLEC and Pacific Bell. The EDI will be used to perform inquiries, including inquiries for Switch/Feature Availability, Address Verification, Telephone Number Assignment, Appointment Scheduling, and Customer Service Record requests.

CLEC and NEVADA will translate preordering data elements used in their internal processes into the agreed upon formats, for Electronic Data Interchange (EDI).

Ordering and Provisioning

2.1

CLEC Resells NEVADA Telecommunications Service(s)

The exchange of information relating to the ordering and provisioning of local service, when CLEC is the customer of record for the resold service(s), will be based on the most current industry order formats and data elements developed in the ATIS/Ordering and Billing Forum (OBF).

2.1.1

Initial Systems

In the event that an EDI interface has not been deployed prior to CLEC’s intent to enter the NEVADA market, within 30 days of a written request from CLEC, NEVADA will provide CLEC the ability to order appropriate resale services with the Electronic Interface

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known as Resale Mechanized Interface/Network Data Mover (RMI/NDM) for transmitting and receiving Service Requests and related information such as Firm Order Confirmations (FOC, Jeopardies, Rejects, and Completions) using the same file formats, record layouts and network interfaces in place between CLEC and Pacific Bell. CLEC and NEVADA will develop a mutually agreeable schedule for transmissions throughout the day using the CONNECT: Direct protocol.

For the ordering of products not supported by RMI/NDM, NEVADA will provide CLEC with other technologies mutually agreed to by the Parties.

2.1.2

Long Term Systems

NEVADA agrees to upgrade the ordering information exchange mechanism according to the Telecommunications Industry Forum (TCIF) for Electronic Data Interchange (EDI) agreed to by CLEC and Pacific Bell. CLEC and NEVADA mutually agree that the information exchange will be forms based, including the use of the Local Services Request (LSR) Form, the End User Information Form and the Resale Information Form developed by the OBF. CLEC and NEVADA will use a mutually agreeable X.25 or TCP/IP based transport network for exchange of transactions. CLEC and NEVADA will translate ordering and provisioning requests originating in their internal processes into agreed upon formats and EDI transactions. Implementation dates are based solely on Pacific Bell’s schedule and will be implemented by the applicable “Start Date” specified on Exhibit 1 of Appendix A to this Attachment.

2.2

CLEC Provides Service Using NEVADA Unbundled Network Elements

2.2.1

Initial Systems

CLEC and NEVADA will use two types of orders, an Infrastructure Provisioning order and a Customer Specific Provisioning order to order and provision Network Elements and Combinations.

The Infrastructure Provisioning Footprint order notifies NEVADA of the commonly used (across CLEC Retail Customers) Network Elements and Combinations that CLEC will require, and identifies the geographic area CLEC expects to serve through the Network Elements and Combinations ordered. NEVADA and CLEC will utilize the same ordering process and forms used for Exchange Access products as is agreed to between CLEC and Pacific Bell. If no process exists between CLEC and Pacific Bell, CLEC and NEVADA will mutually agree to adopt a process until the ATIS/OBF

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has adopted an acceptable alternative method. In addition NEVADA will accept a modified version of the Translation Questionnaire (TQ) adopted by the OBF. The modified TQ will be sent to NEVADA, and NEVADA will modify the routing tables for its end offices to accommodate the treatment of customer calling associated with the combination of Network Elements and Combinations that CLEC is employing to deliver service. CLEC will provide the Infrastructure Footprint Order and all associated ASR forms. NEVADA will accept delivery of the Infrastructure Provisioning Forms through the ASR process.

The customer specific provisioning order will be based upon OBF LSR Forms. NEVADA agrees that the information exchange will be forms based using the Local Service Request Form, End User Information Form, Loop Element Form (formerly Loop Service form), and Switch Element Form (formerly Port Form) developed by the OBF. Such customer specific elements include, but are not limited to, the customer loop, the network interface device, the customer dedicated portion of the local switch, and any combination thereof.

For ordering of products not supported by Electronic Data Interface, NEVADA will provide CLEC with other technologies mutually agreed to by the Parties.

2.2.2

Long Term Systems

NEVADA agrees to upgrade the ordering information exchange mechanism according to the Telecommunications Industry Forum (TCIF) for Electronic Data Interchange (EDI) for the Customer Specific Provisioning orders agreed to by CLEC and Pacific Bell. CLEC and NEVADA mutually agree that the information exchange will be forms based. CLEC and NEVADA will use a mutually agreeable X.25 or TCP/IP based transport network for exchange of transactions. CLEC and NEVADA will translate ordering and provisioning requests originating in their internal processes into agreed upon formats and EDI transactions. Implementation dates are based solely on Pacific Bell’s schedule and will be implemented by the applicable “Start Date” specified on Exhibit 1 of Appendix A to this Attachment.

2.3

Batch Data Exchange

Unless another mutually agreed to alternative exists between NEVADA and CLEC, CLEC will use the same types of orders as it uses with Pacific Bell for Batch Data Exchange.

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Testing and Acceptance

CLEC and NEVADA agree that no interface will be represented as either generally available or as operational until end-to-end functionality testing, as agreed to in a Joint Implementation Agreement or other mutually acceptable document are completed to the satisfaction of both Parties. The Parties agree to meet 30 days prior to the start of Network Validation Testing to plan, schedule and coordinate test scenarios and contacts related to test activities. The intent of the end-to-end functionality testing is to establish, through the submission and processing of test scenarios, that transactions agreed to by CLEC and NEVADA will successfully process, in a timely and accurate manner, through both Parties’ support of OSS as well as the interfaces. CLEC will provide load forecasts by transaction type. NEVADA will provide documentation to assure the ability to handle the expected load, such as system simulation models. The testing will include the use of mutually agreeable test transactions, designed to represent no less than 95 percent of the transaction types that CLEC expects to send and receive through the interface undergoing end-to-end testing. In addition, CLEC and NEVADA will establish either a mutually agreeable testing environment or an audit process sufficient to demonstrate that the interfaces established between CLEC and NEVADA have the capability and capacity to exchange busy period transaction volumes reasonably projected to occur during the forward-looking twelve month period following implementation of the interface. The test environment or audit process, which ever is utilized, must validate that NEVADA can accept and process the anticipated busy period load without degradation of overall end-to-end performance of the information exchange delivered to CLEC even when other CLC transactions are simultaneously processed by NEVADA. Before testing begins, the Parties will mutually agree upon testing entrance and exit criteria.

Joint Implementation Agreement Development

CLEC and NEVADA recognize that this Attachment is not sufficient to fully resolve all technical and operational details related to the interfaces described. Therefore, CLEC and NEVADA agree to conform and comply with the technical and operational details documented in any applicable Joint Implementation Agreement between Pacific Bell and CLEC. The JIA will be amended to include unique NEVADA conditions such as testing strategies, test dates, amended tests, test period, etc. The Parties agree to document the unique NEVADA conditions for additional technical and operational details in the form of a Joint Implementation Agreement (JIA). The JIA’s for each interface will become a legally binding addendum to this Attachment. These JIA’s may be modified over the course of this Agreement without subjecting the balance of the Agreement to re-negotiation or modification. Both Parties further agree that any technical, operational or implementation issues, once identified at the working team level, may be escalated by the initiative of either Party thirty (30) days after an issue is identified if no plan for resolution has been agreed to. The escalation will proceed first to the senior management of each company who will seek to

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resolve the issue. If an issue is not resolved within thirty (30) days following receipt of the issue by senior management, either Party may submit the issue to the dispute resolution procedures of Attachment 3 for binding resolution. In addition, CLEC and NEVADA will document both a topical outline for the JIAs as well as establish a schedule for identifying, discussing, resolving and documenting resolution of issues related to each aspect of the JIA topical outline for each interface discussed in this document. In no case, will either end-to-end integrity testing or load testing begin without both Parties mutually agreeing that each interface JIA documents the intended operation of the interface scheduled for testing. Any issues identified and subsequently resolved through either the end-to-end integrity or load testing processes will be incorporated into the impacted interface JIA within thirty (30) days of issue resolution. System databases and information interfaces described in this Agreement will permit CLEC to have parity access to NEVADA’s operating systems as NEVADA enjoys.

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OPERATION SUPPORT SYSTEMS

IMPLEMENTATION DATES

(INITIAL SYSTEMS)


PROCESS	INITIAL SYSTEMS	START DATE
Ordering

Total Services Resale	RMI/NDM	within 30 days of a written request from CLEC

Interim Number Portability	CESAR prior to 12/31/97	Currently Available

Network Elements • Customer Specific	CESAR prior to 12/31/97	Currently Available

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OPERATION SUPPORT SYSTEMS IMPLEMENTATION DATES

(LONG TERM SYSTEMS)


PROCESS	LONG TERM SYSTEMS	START DATE
Ordering

Total Services Resale	EDI	Upon implementation at Pacific Bell

Interim Number Portability	EDI	Upon implementation at Pacific Bell*

Network Elements • Customer Specific	EDI	Upon implementation at Pacific Bell*

• Infrastructure/Network • Set Up	ASR/NDM	Upon implementation at Pacific Bell

Pre-Ordering

All Resale All Network Elements	EDI	Upon implementation at Pacific Bell

However, if the long term system has not been made available by January 2,1998, CLEC may, at any time, apply to the Commission to impose the most cost-effective and appropriate interim solution in an expedited proceeding.

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ATTACHMENT 12

MAINTENANCE

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MAINTENANCE

NEVADA shall provide repair, maintenance, testing and surveillance for all Local Services and Unbundled Network Elements and Combinations in accordance with the terms and conditions of this Attachment.

NEVADA and CLEC shall mutually agree on appropriate maintenance standards for all Local Services and Unbundled Network Elements and Combinations ordered under this Agreement. Such maintenance standards shall include, without limitation, standards for testing, network management, call gapping, and notification of upgrades as they become available. Such maintenance standards shall be set forth in Attachment 17 to this Agreement.

Maintenance and Repair Functions

3.1.

Initial Electronic Bonding Interface Functions

NEVADA will put in place a real time electronic system-to-system interface EBI, consistent with ATIS industry standards, to enable CLEC to perform any necessary maintenance and repair functions, including the ability to enter a new trouble ticket into the NEVADA maintenance system for an CLEC Customer; the ability to retrieve and track current status on all CLEC Customer repair tickets; the ability to schedule maintenance appointments by day and time on a real-time basis and the ability to verify that the trouble has been resolved by work completed on the Customer’s premises to the Minimum Point of Entry (MPOE) (collectively “EBI Functions”). Deployment of EBI within NEVADA will be no later than thirty (30) days after CLEC’s request for deployment, provided that such request shall be made subsequent to any EBI deployment within PACIFIC’s territory or January 2, 1998, whichever is later. Prior to implementation of EBI, NEVADA will offer CLEC the use, at CLEC’s option, of two interim interfaces for the performance of EBI Functions: (i) an 800 number and (ii) access to Pacific Bell’s Service Manager (PBSM) system when available in NEVADA. NEVADA will structure these interim interfaces so that CLEC will be able to perform all EBI Functions on an interim basis using the 800 number and the majority of the EBI using PBSM.

3.2.

Additional Maintenance Functions

Prior to the development of ATIS standards for adding to EBI (a) the ability to retrieve MLT results, (b) the ability to retrieve “Dispatch In-Dispatch Out” codes, and (c) the ability to retrieve all applicable time and material charges at the time of ticket closure (itemized by customer for

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each repair incident to show time spent, nature of trouble, how trouble was resolved, charges for individual items such as materials, if any, and total charges) (collectively “Maintenance Functions”), NEVADA and CLEC will mutually agree on a process to accomplish CLEC’s request, if a process is not already deployed in Pacific Bell’s territory, for the Maintenance Functions on an interim, pre-EBI basis, and the cost, if any, to provide the Maintenance Functions.

EBI Implementation

4.1.

Maintenance and repair information exchange relating to all Local Services, Network Elements and Combinations provided under this Agreement will be transmitted over the same platform and network interface according to the same content definition implemented between CLEC and Pacific Bell. CLEC and NEVADA will, for the purpose of exchanging fault management information, establish an EBI, based upon ANSI standards T1.227-1995 and T1.228-1995, and Electronic Communication Implementation Committee (ECIC) Trouble Report Format Definition (TRFD) Number 1 as defined in ECIC document ECIC/TRA/95-003, and all standards referenced within those documents. The Parties agree to adopt for EBI the functions currently implemented for reporting access circuit troubles. These functions include Enter Trouble, Request Trouble Report Status, Add Trouble Information, Modify Trouble Report Attributes, Trouble Report Attribute Value Change Notification and Cancel Trouble Report, all of which are fully explained in clauses 6 and 9 of ANSI T1.228-1995.

4.2.

CLEC and NEVADA will exchange requests over the same network established between CLEC and Pacific Bell. CLEC and NEVADA will translate maintenance requests or responses originating in their internal processes into the agreed upon attributes and elements. Both will be in accordance with those agreed to between CLEC and Pacific Bell. Changes to Network Operations Forum (NOF), ECIC or T1M1 standards, to the extent local service maintenance and repair are affected, will be implemented based upon a mutually agreeable schedule, but in no case will the time for adoption, including testing of the changes introduced, extend more than thirty (30) days beyond the date of implementation of the same standards by Pacific Bell.

In the event a NEVADA employee misses a scheduled repair appointment on behalf of CLEC, NEVADA will notify CLEC within one (1) hour of the missed appointment, either by EBI or by telephone.

NEVADA technicians shall provide repair service to CLEC Customers that is equal in quality to that provided to NEVADA customers. Trouble calls from CLEC shall receive response time priority that is at least equal to that of

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NEVADA customers and shall be handled on a first-come, first-served basis regardless of whether the customer is an CLEC Customer or a NEVADA customer. Prior to EBI, CLEC may ask NEVADA to reprioritize a an CLEC customer trouble report among CLEC’s other customer trouble reports and NEVADA will reprioritize CLEC’s various customer reports as requested by CLEC, if possible.

NEVADA shall provide CLEC with the same scheduled and non-scheduled maintenance, including, without limitation, required and recommended maintenance intervals and procedures, for all Local Services, Network Elements and Combinations provided to CLEC under this Agreement that it currently provides for the maintenance of its own network. NEVADA shall provide CLEC at least ten (10) business days advance notice of any scheduled maintenance activity which may impact CLEC Customers, when such activity is scheduled 10 or more days in advance. For maintenance activity scheduled less than 10 days in advance, NEVADA will notify CLEC as soon as the activity is scheduled. Scheduled maintenance shall include, without limitation, such activities as switch software retrofits, power tests, major equipment replacements and cable rolls. Plans for scheduled maintenance shall include, at a minimum, the following information: location and type of facilities, specific work to be performed, date and time work is scheduled to commence, work schedule to be followed, date and time work is scheduled to be completed, and estimated number of work hours for completion.

NEVADA shall advise CLEC of non-scheduled maintenance, testing, monitoring, and surveillance activity to be performed by NEVADA on any Network Element, including, without limitation, any hardware, equipment, software, or system providing service functionality which may potentially impact CLEC Customers. NEVADA shall provide the maximum advance notice of such non-scheduled maintenance and testing activity possible, under the circumstances; provided, however, that NEVADA shall provide emergency maintenance as promptly as possible to maintain or restore service and shall advise CLEC promptly of any such actions it takes.

NEVADA shall provide CLEC with a detailed description of any and all emergency restoration plans and disaster recovery plans, however denominated, which are in place during the term of this Agreement. Such plans shall include, at a minimum, the following: (i) procedures for prompt notification to CLEC of the existence, location, and source of any emergency network outage potentially affecting a an CLEC Customer, as defined in Appendix A to this Agreement, via the EBI to be established pursuant to Sections 3 and 4; (ii) establishment of a Single Point of Contact responsible for initiating and coordinating the restoration of all Local Services and Network Elements or Combinations; (iii) methods and procedures to provide CLEC with real-time access to information relating to the status of restoration efforts and problem resolution during the restoration process; (iv) methods and procedures for reprovisioning of all Local Services and

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Network Elements or Combinations after initial restoration; (v) equal priority, as between CLEC Customers and NEVADA customers, for restoration efforts, consistent with FCC Service Restoration guidelines, including, without limitation, deployment of repair personnel, and access to spare parts and components; and (vi) a mutually agreeable process for escalation of maintenance problems, including a complete, up-to-date list of responsible contacts, each available twenty-four (24) hours per day, seven (7) days per week. Said plans shall be modified and updated as needed. NEVADA shall notify CLEC, within one hour, if possible, of all Category I Equipment and/or facility failures affecting CLEC customer service as itemized in Pacific Bell reference S.I. 131, as amended from time to time. A copy of the relevant portion of S.I. 131 in effect on the effective date of this Agreement is attached as Appendix A.

10.

NEVADA and CLEC shall establish mutually acceptable methods and procedures for referring callers to the 800/888 number supplied by the other Party for purposes of receiving misdirected calls from customers requesting repair.

11.

NEVADA’s Local Operations Center (LOC) shall conform to the performance and service quality standards set forth in Attachment 17 when providing repair and maintenance to CLEC and CLEC Customers under this Agreement.

11.1.

If service is provided to CLEC Customers before EBI is established between CLEC and NEVADA, CLEC will transmit its repair calls to the NEVADA LOC by telephone.

11.2.

LOC, and Electronic Bonding, once deployed, shall be on-line and operational and the interim interfaces described in Section 3 preceding shall be operational twenty-four (24) hours per day, seven (7) days per week.

11.3.

Progress reports and status of repair efforts shall be available to CLEC through EBI. On an interim basis before implementation of EBI, NEVADA shall provide progress reports and status of repair efforts to CLEC via an 800 number supplied by NEVADA or PBSM, when available in NEVADA, at CLEC’s option.

11.4.

Within thirty (30) days after the execution of this Agreement, NEVADA shall provide CLEC with written escalation procedures to be followed if, in CLEC’s reasonable judgment, any individual trouble ticket or tickets are not resolved in a timely manner. Resolution shall be deemed untimely if delayed beyond NEVADA’s best practices for resolution of troubles reported by NEVADA’s own customers.

11.5.

In the event NEVADA shall fail to conform to the performance standards in Attachment 17, CLEC may request, and NEVADA shall perform an

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analysis of the reason behind NEVADA’s failure to conform, and NEVADA shall correct said cause as soon as reasonably practical, at its own expense.

11.6.

Maintenance charges for premises visits by NEVADA technicians shall be billed by CLEC to its Customer, and not by NEVADA. All forms, business cards or other materials furnished by NEVADA technicians to CLEC Customers will contain no brand. If the CLEC Customer is not at home when the NEVADA technician arrives, the NEVADA technician shall leave on the premises “not-at-home” cards that are unbranded but include a contact number for CLEC. The NEVADA technician will not leave on the premises a NEVADA-branded “not-at-home card”.

11.7.

Dispatching of NEVADA technicians to CLEC Customer premises shall be accomplished by NEVADA pursuant to a request received from CLEC.

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CATEGORY I		EQUIPMENT AND/OR FACILITY FAILURES AFFECTING CUSTOMER SERVICE.

Types of Customer Service Quality Failure Reports and Criteria		CATEGORY I BROADBAND • Frame Relay - A failure of one or more channelized T1 carrier systems or two or more non-channelized T1 carrier systems.

		CATEGORY I NARROWBAND • 5 T1 carrier systems (120 or more voice grade channels) failure. • 500 or more voice grade radio channels failure. • A community isolation. • E911 • A transport equipment failure that isolates a central office from the E911 network. (Local switch to the tandem e.g. DACS, OC12, DEXCS failure, etc.) • A transport equipment failure that isolates a Public Safety Answering Point (PSAP) from the E911 tandem. • A transport equipment failure that results in the loss of 25% or more of the trunks/circuits (aggregate) from an E911 tandem to the PSAPs served by that tandem. CATEGORY I CABLE • Local - 200 or more working pairs are affected. • Toll - 120 or more interoffice trunks are affected. • Fiber - Any working fiber providing customer service that fails without protection. • E911 • A transport cable failure that isolates a central office from the E911 network. (Local switch to the E911 tandem) • A transport cable failure that isolates a PSAP from the E911 tandem. • A transport cable failure that results in the loss of 25% or more of the trunks/circuits (aggregate from an E911 tandem to the PSAPs served by that tandem.

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CATEGORY I

EQUIPMENT AND/OR FACILITY FAILURES AFFECTING CUSTOMER SERVICE.

CATEGORY I SWITCHING MACHINES

• Any switch congestion that results in 40% or more dial tone delay lasting 15 minutes or longer.

• Complete loss of inward and/or outward call processing capability from a central office lasting 5 minutes or longer.

• Any service interruption resulting in 50 or more customer reports.

• A duplex connectivity failure to the SS7 network, e.g. MSB7/LPP frame, link set, CNI, etc.

• Loss of interoffice calling from more than 10 minutes.

• An FYI report should be filed anytime a central office has been on battery power >30 minutes, when it is not part of a routine test.

• E911

• A central office isolated from the E911 network for 15 minutes or longer.

• Loss of 25% or more of the trunking capability from an E911 tandem to the PSAPs it serves for 15 minutes or longer (e.g. translations, trunk frame failure, etc.).

• A PSAP isolation from the E911 network for 15 minutes or longer (e.g. translations, trunking problem, etc.)

• CATEGORY I COMMUNITY ISOLATION

• A community isolation occurs when no incoming or outgoing toll service is available and the community is cut off from the outside world by rural geography. A central office failure within a metropolitan area is not considered a community isolation since the community can more easily reach phone service in the adjacent central office serving area.

CATEGORY I MEDIA INTEREST

• Any interruption or outage that may cause public or news media attention.

CATEGORY I TANDEM/TOPS

• Failures or potential loss of call completions/processing.

• Failures affecting Operator Service capabilities.

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		CATEGORY I SS7

		• Loss of mated pair of STP or SCP. Any SS7 failure causing 50 customer reports from a single central office or 100 customer reports from several central offices within a maintenance center.

		CATEGORY I PUBLIC SAFETY/SERVICE AGENCIES

		• Federal Government, equipment or facility affecting 5 or more military special communications, isolations of FAA location or air ground facilities.

		• State and local agencies interruptions seriously affecting service to police, fire departments, hospitals, press, military, and PBSs.