Sample Business Contracts

CLEC may use one or more Network Elements or unbundled Network Element Combinations to provide any Telecommunications Service. NEVADA agrees to make Combinations available which have been made

available in PACIFIC territory. If CLEC requests a Combination which has not been made available in PACIFIC territory, and for which the Parties have not agreed on methods and procedures for pre-ordering, ordering, provisioning, maintenance, billing and pricing, the Parties will meet and confer pursuant to Section 1.6, below, to establish the processes necessary to provide the combination. In the event the Parties can not agree on technical feasibility or any of the matters specified in the foregoing sentence, the Parties will follow the dispute resolution process set forth in Attachment 3 to the Agreement. Notwithstanding the foregoing, NEVADA agrees to provide, upon CLEC’s request, analog bridging, DDS hubbing, and loop conditioning options (conditioning options consist of those options generally available in NEVADA’s end-user or access tariffs) as separate unbundled elements; these elements can be ordered either individually or combined with other unbundled network elements. CLEC shall identify the general types of unbundled network element combinations it seeks to obtain from NEVADA. NEVADA must then identify all of the interconnecting facilities that would be required to combine the elements. In the event that CLEC subsequently seeks a combination that it failed to identify specifically and for which different pieces of interconnection equipment are required, NEVADA shall provide the interconnecting equipment at an appropriate price and without undue delay. Prices for Combinations shall be as set forth in Attachment 8.

Description: NID is a device or a connection point which connects the network to the Inside Wire (IW) of a facility. The IW is considered the end user’s property and can be accessed by the end user or by others with the end user’s permission. The side

connecting to NEVADA’s network is the property of NEVADA and is considered regulated. This side of the NID can only be accessed by NEVADA or its agents. Unbundling the NID makes the IW available to CLEC who will install their own device at the premises to connect to the end user’s IW.

When orders for simple unbundled NIDs are received by NEVADA, NEVADA shall make available to CLEC information, where available, indicating the type of NID currently employed (e.g., SNI, MPOE with Binding post identification, MPOE with color code identification, or neither). When orders for complex unbundled NIDs are received by NEVADA, NEVADA shall make available to CLEC information indicating the type of NID currently

employed (e.g., SNI, MPOE with Binding post identification, MPOE with color code identification, or neither).

SNI Conversion In all residential or small business locations where a protector is used to connect to the end user customer’s

inside wire instead of a SNI, at CLEC’s option, either the protector will be replaced and a SNI installed or CLEC will install its own SNI and connect the customer’s inside wire to the new SNI. If CLEC requests NEVADA to install a new SNI, NEVADA and CLEC agree that the placement of a SNI will benefit each Party, and therefore the cost of installing the new SNI will be shared equally by NEVADA and CLEC. The charges for new SNI installation are specified in Attachment 8.

2-Wire or 4-wire Analog (Assured) The NEVADA unbundled Network Element (2-wire or 4 wire) is a voice frequency channel that supports analog transmission of

300-3000 Hertz (“Hz”) with loss no greater than 5.5db measured at 1004 Hz with 900 ohms at the central office FDI and 600 ohms at the MPOE.

Additional Requirements for Special Copper Distribution Media CLEC may designate Distribution Media to be copper twisted pair which are

unfettered by any intervening equipment (e.g., filters, load coils, range extenders), so that CLEC can use these Distribution Media for a variety of services by attaching appropriate terminal equipment at the ends.

2-Wire or 4-wire Analog Basic This NEVADA unbundled Network Element is Plain Old Telephone (POTS) grade two-wire or 4-wire circuit or equivalent voice frequency channel that supports analog transmission of 300-3000 Hertz (Hz) with loss no greater than 8.0 db measured at 1004 Hz with 900 ohms at the central office POI and 600

ohms at the FDI. In addition, coin supervision and ground start signaling options are available.

2-Wire or 4-wire Analog Basic Link This NEVADA unbundled Network Element is Plain Old Telephone (POTS) grade two-wire or 4-wire circuit or equivalent voice frequency channel that supports analog transmission of 300-3000 Hertz (Hz) with loss no greater than 8.0 db measured at 1004 Hz with 900 ohms at the central office POI and 600 ohms at the MPOE. In addition, coin supervision and ground start signaling capable links will be provided where CLEC provides its own switching function or

when CLEC orders a combination of an unbundled coin or PBX switch port with a Basic Link.

Option B: NEVADA-Provided Interoffice Transport with Customized Routing-Simple and with Operator and/or Directory Assistance (DA) Services Unbundled from NEVADA’s Line Port Switching Capacity In this configuration, CLEC purchases a Line Port and receives a telephone number and a directory listing, Switching Capacity, switch features (including deployed AIN supporting capabilities) and completion to NEVADA’s interoffice trunks for all multiple-switch local calls, E-911 calls, intraLATA toll and Switched Access calls. In this configuration, intra-switch calls are also provided through NEVADA’s switch. With the exception of trunks for operator and/or directory assistance services, or both, NEVADA will be solely responsible for design and engineering of its interoffice trunks. CLEC will be required to order separate trunks for operator services provided by itself or a third party identified by CLEC to provide such services. Transport facilities may be purchased from NEVADA, or connected to CLEC’s facilities through a collocation cage by obtaining a cross connection from NEVADA. CLEC will be responsible for design and engineering of the operator and/or directory assistance trunks under this option, and shall also be responsible for designating the transport facilities it desires, if any, from NEVADA and the points where

these facilities shall terminate, in addition, CLEC shall be responsible for providing all operator and/or directory assistance services. NEVADA’s switching capacity will be programmed for CLEC to allow routing of calls to NEVADA’s shared network, except operator and/or directory assistance calls will be routed to the trunks designated by CLEC. In this configuration, the following charges specified in Attachment 8 will apply:

Option C: Customized Routing - Complex for CLEC Traffic Using Routes Designated by CLEC This option is customized routing for CLEC traffic in the manner designated by CLEC, and it requires that special customized routing programming be provided by NEVADA pursuant to CLEC’s instructions. This option will include all of the features listed in Options A and B. However, with this Option, CLEC may direct all LSNE-originated traffic on a dialed NPA-NXX basis to a trunk port other than the standard used for NEVADA’s routing. In this configuration, CLEC obtains one or more line ports and receives a telephone number and directory listing, switching capacity, switch features, including deployed AIN supporting capabilities, and transport, that will permit the completion of multiple-switch Local Calls, calls to either operator or directory assistance services,

or both, E911 calls, intraLATA toll calls, and Switched Access calls. In this configuration, intra-switch calls will be provided through NEVADA’s switch. Inter-switch calls will be provided from either shared or designated common or dedicated transport facilities. CLEC will be solely responsible for design and engineering of any dedicated transport under this option. NEVADA will be solely responsible for design and engineering of any NEVADA-provided shared or common transport used under this option. Dedicated transport may be purchased from NEVADA or CLEC may provide its own. In this configuration, the following charges will apply:

Option 2: Custom Simple-Use of NEVADA’s Common Transport This option uses screening that treats CLEC as an IEC. The Custom Simple unbundled Tandem Switching will use dedicated trunk groups towards NEVADA’s common transport that will limit calls to the single tandem serving area. This option is only able to use common transport in the terminating direction. Originating calls from NEVADA’s End Offices must use shared transport to the tandem. Custom Simple uses a Type 2A trunk port with unique screening

capabilities to route traffic to common transport trunk groups.

Customized Tandem Switching as described in Options 1 and 2 will be available for order when routing has been deployed and is similar to an arrangement deployed in PACIFIC’s territory. In such situations NEVADA will deploy Customized Tandem Switching within ninety (90) days after CLEC places an order. If the option is not similar, the date when CLEC can place such an order will be mutually agreed to by the parties. CLEC may place

an order for Customized Tandem Switching as described in Option 3 as specified in Section 7.2.1.2.3 above.

NEVADA’s current CCS/SS7 interconnect questionnaire will be revised to facilitate the exchange of routing and network architecture information between the Parties to provision unbundled signaling links and STP access. Both Parties will provide all SS7 signaling parameters, including Calling Party Number (CPN), and procedures that are implemented within both Parties’ SS7 networks and communicate relevant signaling information via the CCS/SS7 Interconnect questionnaire provided by NEVADA’s CLEC account team. All privacy indicators of the Parties will be honored. Also, CLEC will provide their SS7

network node, address information and identify the SS7 services they request using the SS7 questionnaire.

If CLEC purchases the Operator Services unbundled element, NEVADA will provide CLEC nondiscriminatory access to NEVADA’s Operator Services. The service level, including any dialing delays, of the Unbundled Operator Service provided to

CLEC shall be at parity with the Operator Service provided by NEVADA to its own customers.

NEVADA’s unbundled Directory Assistance Service provides unbundled Directory Assistance (“DA”) services to CLEC by utilizing NEVADA’s DA database. This service includes NEVADA’s listed customers and listings supplied to NEVADA for DA use by other carriers. This DA service shall be provided at

parity with NEVADA DA service and will utilize the same Directory Listing source of information as NEVADA uses for its own DA service. NEVADA’s unbundled DA has the following service attributes:

If CLEC purchases NEVADA’s unbundled DA Services element, NEVADA’s contact with CLEC’s end user customers shall be limited to that effort required to process CLEC’s end user

customers’ requests for DA services. NEVADA will not transfer, forward, or redial an CLEC’s end user customer’s call to any other location for any purpose other than the provision of DA to the customer.

Upon request, NEVADA shall provide CLEC reasonable access on a non-discriminatory and competitively neutral basis to building entrance facilities (including but not limited to cable vault, conduit, equipment rooms and telephone closets) that are owned or controlled by NEVADA, provided the security of NEVADA’s facilities is maintained at all times. For some locations, CLEC personnel must be escorted, and the Parties will

negotiate a reasonable arrangement, including administrative costs, if any, for such escorted access.

In cases where NEVADA reasonably believes that there is insufficient capacity to grant a request from CLEC for access to a ROW, conduit or pole attachment, NEVADA must take all reasonable steps to

accommodate CLEC’s request and explore potential accommodations in good faith with CLEC.

NEVADA shall provide information regarding the availability, and where known, the condition of conduit or pole attachments within ten (10)

business days of CLEC’s written request for a records based answer and twenty (20) business days of CLEC’s request for a field based answer. In the event CLEC’s written request seeks information about the availability of more than five (5) miles of conduit or more than 100 poles, NEVADA shall (1) provide an initial response within ten (10) business days; (2) use reasonable best efforts to complete its response within thirty (30) business days; and (3) if NEVADA is unable to complete its response within thirty (30) business days or if the Parties are unable to agree upon a mutually satisfactory longer time period for NEVADA’s response, NEVADA will hire outside contractors at CLEC’s expense, not to exceed NEVADA’s customary charge for the same work, provided that before proceeding with such outside hiring, NEVADA shall provide to CLEC the contractor’s work order and hourly rate.

NEVADA shall not attach, or permit other entities to attach, facilities on existing CLEC facilities without CLEC’s prior written consent, except that such consent shall not be required for attachments to facilities such as

arms and brackets that are designed for more than one cable. CLEC may, at its option, make pole attachments using CLEC or CLEC-designated personnel. CLEC shall follow the methods and procedures for making pole attachments set forth in the pertinent Commission orders and any additional standards provided to CLEC by NEVADA.

Where simultaneous access is not possible, access will next be granted to occupants according to the level of damage to its facilities and the likelihood that damage will result in service disruption. Where likelihood that damage will result is not clearly

discernible, access will be granted according to longevity in/on the structure (i.e., first in time, first in right).