Sample Business Contracts

Master Network Interconnection and Resale Agreement [Part D-E] - Liberty Telecom LLC and Central Telephone Co.-Nevada d/b/a Sprint of Nevada

Services Forms

Sponsored Links

Part A (Definitions), Part B (General Terms and Conditions)
Part C (General Principles)
Part D (Local Resale), Part E (Network Elements)
Part F (Interconnection), Part G (Interim Number Portability), Part H (Local Number Portability), Part I (General Business Requirements)
Part K (Collocation)

PART D - LOCAL RESALE

39.

TELECOMMUNICATIONS SERVICES PROVIDED FOR RESALE

39.1.

At the request of CLEC, and pursuant to the requirements of the Act, and FCC and Commission Rules and Regulations, Sprint shall make available to CLEC for resale Telecommunications Services that Sprint currently provides or may provide hereafter at retail to subscribers who are not telecommunications carriers. Such resale may be as allowed by the FCC and Commission. The Telecommunications Services provided by Sprint to CLEC pursuant to this Part D are collectively referred to as “Local Resale.”

39.2.

Such resale may be as allowed by the FCC and Commission. The Telecommunications Services provided pursuant to this Part D are collectively referred to as “Local Resale.”

39.3.

To the extent that this Part describes services which Sprint shall make available to CLEC for resale pursuant to this Agreement, this list of services is neither all-inclusive nor exclusive.

40.

GENERAL TERMS AND CONDITIONS

40.1.

Pricing. The prices charged to CLEC for Local Resale are set forth in Part C of this Agreement.

40.1.1.

CENTREX Requirements

40.1.1.1.

At CLEC’s option, CLEC may purchase the entire set of CENTREX features or a subset of any such features.

40.1.1.2.

All features and functions of CENTREX Service, including CENTREX Management System (CMS), whether offered under tariff or otherwise, shall be available to CLEC for resale.

40.1.1.3.

Sprint shall make information required for an “as is” transfer of CENTREX subscriber service, features, functionalities and CMS capabilities available to CLEC.

40.1.1.4.

Consistent with Sprint’s tariffs, CLEC, at its expense, may collect all data and aggregate the CENTREX local exchange, and IntraLATA traffic usage of CLEC subscribers to qualify for volume discounts on the basis of such aggregated usage.

40.1.1.5.

CLEC may request that Sprint suppress the need for CLEC subscribers to dial “9” when placing calls outside the CENTREX System. Should CLEC request this capability for its subscriber, the subscriber will not be able to use 4-digit dialing.

40.1.1.6.

CLEC may resell call forwarding in conjunction with CENTREX Service.

40.1.1.7.

CLEC may purchase any CENTREX Service for resale subject to the requirements of Sprint’s tariff.

40.1.1.8.

Sprint shall make available to CLEC for resale intercom calling within the same CENTREX system. To the extent that Sprint offers its own subscribers intercom calling between different CENTREX systems, Sprint shall make such capability available to CLEC for resale.

40.1.1.9.

CLEC may resell Automatic Route Selection (“ARS”). CLEC may aggregate multiple CLEC subscribers on dedicated access facilities where such aggregation is allowed by law, rule or regulation.

40.1.2.

Voluntary Federal and State Subscriber Financial Assistance Programs

40.1.2.1.

Subsidized local Telecommunications Services are provided to low-income subscribers pursuant to requirements established by the appropriate state regulatory body, and include programs such as Voluntary Federal Subscriber Financial Assistance Program and Link-Up America. Voluntary Federal and State Subscriber Financial Assistance Programs are not Telecommunications Services that are available for resale under this Agreement. However, when a Sprint subscriber who is eligible for such a federal program or other similar state program chooses to obtain Local Resale from CLEC and CLEC serves such subscriber via Local Resale, Sprint shall identify such subscriber’s eligibility to participate in such programs to CLEC in accordance with the procedures set forth herein.

40.1.3.

Grandfathered Services. Sprint shall offer for resale to CLEC all Grandfathered Services solely for the existing grandfathered base on a customer specific basis. Sprint shall make reasonable efforts to provide CLEC with advance copy of any request for the termination of service and/or grandfathering to be filed by Sprint with the Commission.

40.1.4.

Contract Service Arrangements, Special Arrangements, and Promotions. Sprint shall offer for resale all of its Telecommunications Services available at retail to subscribers who are not Telecommunications Carriers, including but not limited to Contract Service Arrangements (or ICB), Special Arrangements (or ICB), and Promotions in excess of ninety (90) days, all in accordance with FCC and Commission Rules and Regulations.

40.1.5.

Public Telephone Access Lines will not be resold to payphone service providers at wholesale prices under this Agreement.

40.1.6.

Voice Mail Service is not a Telecommunications Service available for resale under this Agreement. However, where available, Sprint shall make available for Local Resale the SMDI-E (Station Message Desk Interface-Enhanced), or SMDI, Station Message Desk Interface where SMDI-E is not available, feature capability allowing for Voice Mail Services. Sprint shall make available the MWI (Message Waiting Indicator) interrupted dial tone and message waiting light feature capabilities where technically available. Sprint shall make available CF-B/DA (Call Forward on Busy/Don’t Answer), CF/B (Call Forward on Busy), and CF/DA (Call Forward Don’t Answer) feature capabilities allowing for Voice Mail services.

40.1.7.

Hospitality Service. Sprint shall provide all blocking, screening, and all other applicable functions available for hospitality lines under tariff.

40.1.8.

LIDB Administration

40.1.8.1.

Sprint shall maintain customer information for CLEC customers who subscribe to resold Sprint local service dial tone lines, in Sprint’s LIDB in the same manner that it maintains information in LIDB for its own similarly situated end-user subscribers. Sprint shall update and maintain the CLEC information in LIDB on the same schedule that it uses for its own similarly situated end-user subscribers.

40.1.8.2.

Until such time as Sprint’s LIDB has the software capability to recognize a resold number as CLEC’s, Sprint shall store the resold number in its LIDB at no charge and shall retain revenue for LIDB look-ups to the resold number.

PART E - NETWORK ELEMENTS

41.

GENERAL

41.1.

Pursuant to the following terms, Sprint will unbundle and separately price and offer Unbundled Network Elements (“UNEs”) such that CLEC will be able to subscribe to and interconnect to whichever of these unbundled elements CLEC requires for the purpose of providing local telephone service to its end users. CLEC shall pay Sprint each month for the UNEs provisioned, and shall pay the non-recurring charges listed in Table 1 or agreed to by the Parties. It is CLEC’s obligation to combine Sprint-provided UNEs with any facilities and services that CLEC may itself provide. Sprint will continue to offer the UNEs enumerated below subject to further determinations as to which UNEs ILECs are required to offer under the Act, at which time the Parties agree to modify this section pursuant to the obligations set forth in Part B, §3.2 of this Agreement.

42.

UNBUNDLED NETWORK ELEMENTS

42.1.

Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunication Services to CLEC subscribers. Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non- discriminatory in accordance with the terms and conditions of this Agreement. UNEs include:

42.1.1.

Network Interface Device (“NID”)

42.1.2.

Local Loop

42.1.3.

Sub Loop

42.1.4.

Switching Capability (Except for switching used to serve end users with four or more lines in access density zone 1, in the top 50 Metropolitan Statistical Areas where Sprint provides non-discriminatory access to the enhanced extended link.)

42.1.4.1.

Local Switching

42.1.4.2.

Tandem Switching

42.1.5.

Interoffice Transport Facilities

42.1.5.1.

Common

42.1.5.2.

Dedicated

42.1.5.3.

Dark Fiber

42.1.6.

Signaling Networks & Call Related Databases

42.1.7.

Operations Support Systems

42.2.

CLEC may use one or more UNEs to provide any feature, function, capability, or

service option that such UNE(s) is (are) technically capable of providing. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party

42.3.

Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, including but not limited to levels and types of redundant equipment and facilities for power, diversity and security, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other entity.

43.

BONA FIDE REQUEST PROCESS FOR FURTHER UNBUNDLING

43.1.

The receiving Party shall promptly consider and analyze access to categories of UNEs not covered in this Agreement, and requests where facilities and necessary equipment are not available with the submission of a Network Element Bona Fide Request hereunder.

43.2.

A UNE Bona Fide Request (“BFR”) shall be submitted in writing on the Sprint Standard BFR Form and shall include a clear technical description of each requested UNE.

43.3.

The requesting Party may cancel a UNE Bona Fide Request at any time, but shall pay the other Party’s reasonable and demonstrable costs of processing and/or implementing the UNE Bona Fide Request up to the date of cancellation.

43.4.

Within five (5) business days of its receipt, the receiving Party shall acknowledge receipt of the UNE Bona Fide Request.

43.5.

Except under extraordinary circumstances, within thirty (30) days of its receipt of a UNE Bona Fide Request, the receiving Party shall provide to the requesting Party a preliminary analysis of such UNE Bona Fide Request. The preliminary analysis shall confirm whether the receiving Party will offer access to the UNE, including whether it is technically or operationally feasible.

43.6.

Upon receipt of the preliminary analysis, the requesting Party shall, within thirty (30) days, notify the receiving Party, in writing, of its intent to proceed or not to proceed.

43.7.

Except under extraordinary circumstances, upon receipt of written authorization from the requesting Party, the receiving Party shall, within 30 days develop the applicable prices.

43.8.

Within thirty (30) days of receipt of the price quote, the requesting Party shall, if it wishes to proceed, notify the receiving Party in writing of its acceptance of the price quote and authorization to proceed.

43.9.

As soon as feasible, but not more than sixty (60) days after receipt of the acceptance of the price quote and written authorization to proceed with developing and provisioning the service(s) in the UNE Bona Fide Request, the

receiving Party shall provide to the requesting Party the date by which the service(s) can be provided by Sprint.

43.10.

Within thirty (30) days of its receipt of the date by which the UNE service(s) can be provisioned, the requesting Party must either confirm, in writing, its order for the UNE service(s), or if a disagreement arises, seek resolution of the dispute under the Dispute Resolution procedures in §23 of this Agreement.

43.11.

If a Party to a UNE Bona Fide Request believes that the other Party is not requesting, negotiating or processing the UNE Bona Fide Request in good faith, or disputes a determination, or price or cost quote, such Party may seek resolution of the dispute pursuant to the Dispute Resolution provisions in §23 of this Agreement.

44.

NETWORK INTERFACE DEVICE

44.1.

Sprint will offer unbundled access to the network interface device element (NID). The NID is defined as any means of interconnection of end-user customer premises wiring to an incumbent LECs distribution plant, such as a cross connect device used for that purpose. This includes all features, functions, and capabilities of the facilities used to connect the loop to end-user customer premises wiring, regardless of the specific mechanical design.

44.2.

The function of the NID is to establish the network demarcation point between a carrier (ILEC/CLEC) and its subscriber. The NID provides a protective ground connection, protection against lightning and other high voltage surges and is capable of terminating cables such as twisted pair cable.

44.3.

CLEC may connect its NID to Sprint’s NID; may connect an unbundled loop to its NID; or may connect its own Loop to Sprint’s NID. Sprint will provide one NID termination of each loop. If additional NID terminations are required, CLEC may request them pursuant to process detailed in Section 43 herein.

44.4.

Sprint will provide CLEC with information that will enable their technician to locate end user inside wiring at NIDs terminating multiple subscribers. Sprint will dispatch a technician and tag the wiring at the CLEC’s request. In such cases the charges specified in Table 1 will apply.

44.5.

Sprint will not provide specialized (Sprint non-standard) NIDS.

44.6.

The Sprint NID shall provide a clean, accessible point of connection for the inside wiring and for the Distribution Media and/or cross connect to CLEC’s NID and shall maintain a connection to ground that meets applicable industry standards. Each party shall ground its NID independently of the other party’s NID.

45.

LOOP

45.1.

The definition of the loop network element includes all features, functions, and capabilities of the transmission facilities, including dark fiber and attached

electronics (except those used for the provision of advanced services, such as DSLAMS) owned by Sprint, between a Sprint central office and the loop demarcation point at the customer premises. Terms and conditions for the provision of dark fiber are set forth in §53 of this Agreement. The demarcation point is that point on the loop where the telephone company’s control of the facility ceases, and the End User Customer’s control of the facility begins. This includes, but is not limited to, two-wire and four-wire copper analog voice-grade loops and two-wire and four-wire conditioned loops.

45.2.

Conditioned Loops. Sprint will condition loops at CLEC’s request. Conditioned loops are copper loops from which excessive bridge taps, load coils, low-pass filters, range extenders, load coils and similar devices have been removed to enable the delivery of high-speed wireline telecommunications capability, including DSL. Sprint will assess charges for loop conditioning in accordance with the prices listed in Table 1. Conditioning charges apply to all loops irrespective of the length of the loop.

45.3.

At CLEC’s request, and if technically feasible, Sprint will test and report trouble on conditioned loops for all of the line’s features, functions, and capabilities, and will not restrict its testing to voice-transmission only. Testing shall include Basic Testing and Cooperative Testing. Basic Testing shall include simple metallic measurements only, performed by accessing the loop through the voice switch.

45.3.1.

Basic Testing does not include cooperative efforts that require Sprint’s technician to work jointly with CLEC’s staff (“Cooperative Testing”).

45.3.2.

Cooperative testing will be provided by Sprint at CLEC’s expense. Sprint technicians will try to contact CLEC’s representative at the conclusion of installation. If the CLEC does not respond within 3 minutes, Sprint may, in its sole discretion, abandon the test and CLEC will be charged for the test.

45.3.3.

Sprint will charge CLEC at the rates set out on Table 1, when the location of the trouble on a CLEC-reported ticket is determined to be in CLEC’s network.

45.4.

Voice Grade Loop Capabilities

45.4.1.

Voice grade loops are analog loops that facilitate the transmission of analog voice grade signals in the 300-3000 Hz range and terminates in a 2-wire or 4-wire electrical interface at the CLEC’s customer’s premises. CLEC shall not install equipment on analog loops that exceeds the specified bandwidth.

45.4.2.

If Sprint uses Digital Loop Carrier or other similar remote concentration devices, and if facilities are available, Sprint will make alternative arrangements at CLEC’s request and option, to provide an unbundled voice grade loop. Alternative arrangement may include copper facilities, dedicated transmission equipment or the deployment of newer devices providing for multiple hosting.

45.4.3.4

Where facilities and necessary equipment are not available, CLEC requests will be processed through the BFR process. CLEC agrees to reimburse Sprint for the actual cost of the modifications necessary to make the alternative arrangements available.

45.5.

Non-Voice Grade Loops

45.5.1.

Sprint will provide non-voice grade loops on the basis of the service that will be provisioned over the loop. Sprint requires CLEC to provide in writing (via the service order) the spectrum management class (SMC), as defined in the TlEl.4/2000-002R2 Draft and subsequent updates, of the desired loop, so that the loop and/or binder group may be engineered to meet the appropriate spectrum compatibility requirements. CLEC must disclose to Sprint every SMC that the CLEC has implemented on Sprint’s facilities to permit effective Spectrum Management. If CLEC requires a change in the SMC of a particular loop, CLEC shall notify Sprint in writing of the requested change in SMC (via a service order). On non-voice grade loops, both standard and non-standard, Sprint will only provide electrical continuity and line balance.

45.5.2.

Sprint shall employ industry accepted standards and practices to maximize binder group efficiency through analyzing the interference potential of each loop in a binder group, assigning an aggregate interference limit to the binder group, and then adding loops to the binder group until that limit is met. Disputes regarding the standards and practices employed in this regard shall be resolved through the Dispute Resolution Process set forth in §23 of this Agreement.

45.5.3.

If Sprint uses Digital Loop Carrier or other similar remote concentration devices, and if facilities and necessary equipment are available, Sprint will make alternative arrangements available to CLEC at CLEC’s request, to provide an unbundled voice grade loop. Alternative arrangements may include existing copper facilities, dedicated transmission equipment or the deployment of newer devices providing for multiple hosting.

45.5.4.

45.5.5.

CLEC will submit a BFR for non-voice grade loops that are not currently price listed.

45.5.6.

the outside location to the Sprint host or remote central office must be a facility dedicated to ADSL transmission only and not part of Sprint’s regular feeder or distribution plant.

45.5.7.

CLEC shall meet the power spectral density requirement given in the respective technical references listed below:

45.5.7.1.

For Basic Rate ISDN: Telcordia TR-NWT-000393 Generic Requirements for ISDN Basic Access Digital Subscriber Lines.

45.5.7.2.

For HDSL installations: Telcordia TA-NWT-001210 Generic Requirements for High-Bit-Rate Digital Subscriber Lines. Some fractional T1 derived products operating at 768 Kbps may use the same standard.

45.5.7.3.

For ADSL: ANSI TI. 413- 1998 (Issue 2 and subsequent revisions) Asymmetrical Digital Subscriber Line (ADSL) Metallic Interface.

45.5.7.4.

As an alternative to § 45.5.7.1 CLEC may meet the requirements given in ANSI document TIE1.4/2000-002R2 dated May 1, 2000. “Working Draft of Spectrum Management Standard”, and subsequent revisions of this document.

45.6.

Non-Standard Non-Voice Grade Loops

45.6.1.

If CLEC requests a xDSL loop, for which the effective loop length exceeds the xDSL standard of 18 kft (subject to gauge design used in an area), Sprint will only provide a Non-Standard Non-Voice Grade Loop. Additional non-recurring charges for conditioning will apply. Non-Standard Non-Voice Grade Loops will not be subject to performance measurements or technical specifications; however, all of the SMC requirements set forth in §45.5 are applicable.

45.7.

Adherence to National Industry Standards

45.7.1.

In providing advanced service loop technology, Sprint shall allow CLEC to deploy underlying technology that does not significantly interfere with other advanced services and analog circuit-switched voice band transmissions.

45.7.2.

Until long term industry standards and practices can be established, a particular technology shall be presumed acceptable for deployment under certain circumstances. Deployment that is consistent with at least one of the following circumstances presumes that such loop technology will not significantly degrade the performance of other advanced services or impair traditional analog circuit-switched voice band services:

45.7.2.1.

Complies with existing industry standards, including an industry-standard PSD mask, as well as modulation schemes and electrical characteristics;

45.7.2.2.

Is approved by an industry standards body, the FCC, or any state commission or;

45.7.2.3.

Has been successfully deployed by any carrier without significantly degrading the performance of other services; provided however, where CLEC seeks to establish that deployment of a technology falls within the presumption of acceptability under this paragraph 45.7.2.3, the burden is on CLEC to demonstrate to the state commission that its proposed deployment meets the threshold for a presumption of acceptability and will not, in fact, significantly degrade the performance of other advanced services or traditional voice band services.

45.7.3.

If a deployed technology significantly degrades other advanced services, the affected Party will notify the interfering party and give them a reasonable opportunity to correct the problem. The interfering Party will immediately stop any new deployment until the problem is resolved to mitigate disruption of other carrier services. If the affected parties are unable to resolve the problem, they will present factual evidence to the State Commission for review and determination. If the Commission determines that the deployed technology is the cause of the interference, the deploying party will remedy the problem by reducing the number of existing customers utilizing the technology or by migrating them to another technology that does not disturb.

45.7.4.

When the only degraded service itself is a known disturber and the newly deployed technology is presumed acceptable pursuant to § 45.7.2, the degraded service shall not prevail against the newly deployed technology.

45.7.5.

If Sprint denies a request by CLEC to deploy a technology, it will provide detailed, specific information providing the reasons for the rejection.

45.7.6.

Parties agree to abide by national standards as developed by ANSI, i.e., Committee TIE1.4 group defining standards for loop technology. At the time the deployed technology is standardized by ANSI or the recognized standards body, the CLEC will upgrade its equipment to the adopted standard within 60 days of the standard being adopted.

45.8.

Information to be Provided for Deployment of Advanced Services.

45.8.1.

In connection with the provision of advanced services, Sprint shall provide to CLEC:

45.8.1.1.

information with respect to the spectrum management procedures and policies that Sprint uses in determining which services can be deployed;

45.8.1.2.

information with respect to the rejection of CLEC’s provision of advanced services, together with the specific reason for the rejection; and

45.8.1.3.

information with respect to the number of loops using advanced services technology within the binder and type of technology deployed on those loops.

45.8.2.

In connection with the provision of advanced services, CLEC shall provide to Sprint the following information on the type of technology that CLEC seeks to deploy where CLEC asserts that the technology it seeks to deploy fits within a generic Power Spectral Density (PSD) mask:

45.8.2.1.

information in writing (via the service order) regarding the Spectrum Management Class (SMC), as defined in the TIEI.4/2000-002R2 Draft, of the desired loop so that the loop and/or binder group may be engineered to meet the appropriate spectrum compatibility requirements;

45.8.2.2.

the SMC (i.e. PSD mask) of the service it seeks to deploy, at the time of ordering and if CLEC requires a change in the SMC of a particular loop, CLEC shall notify Sprint in writing of the requested change in SMC (via a service order);

45.8.2.3.

to the extent not previously provided CLEC must disclose to Sprint every SMC that the CLEC has implemented on Sprint’s facilities to permit effective Spectrum Management.

45.8.3.

In connection with the provision of HFS UNE, if CLEC relies on a calculation-based approach to support deployment of a particular technology, it must provide Sprint with information on the speed and power at which the signal will be transmitted.

45.9.

At CLEC’s request, Sprint will tag and label unbundled loops at the Network Interface Device (NID). Tag and label may be ordered simultaneously with the ordering of the loop or as a separate service subsequent to the ordering of the loop.

45.9.1.

Sprint will include the following information on the label: order number, due date, CLEC name, and the circuit number.

45.9.2.

Tag and Label is available on the following types of loops: 2- and 4- wire analog loops, 2- and 4-wire xDSL capable loops, DSO 2- and 4-wire loops, and DSI 4-wire loops.

45.9.3.

CLEC must specify on the order form whether each loop should be tagged and labeled.

45.10.

The rates for loop tag and label and related services are set forth on Table I, which is incorporated into and made a part of this agreement.

46.

SUBLOOPS

46.1.

Sprint will offer unbundled access to subloops, or portions of the loop, at any accessible terminal in Sprint’s outside loop plant. Such locations include, for example, a pole or pedestal, the network interface device, the minimum point of entry to the customer premises, and the feeder distribution interface located in, for example, a utility room, a remote terminal, or a controlled environment vault or at the MDF.

46.2.

An accessible terminal is any point on the loop where technicians can access the wire or fiber within the cable (e.g., via screw posts, terminals, patch panels) without removing a splice case to reach the wire or fiber within.

46.3.

Initially Sprint will consider all requests for access to subloops on an individual case basis due to the wide variety of interconnections available and the lack of standards. A written response will be provided to CLEC covering the interconnection time intervals, prices and other information based on the BFR process as set forth in §43 of this Agreement. Typical arrangements and corresponding prices will be developed after a substantial number have been provided and a pattern exists.

46.4.

Reverse ADSL Loops. If a CLECs ADSL Transmission Unit (including those integrated into DSLAMs) is attached to Sprint’s Network and if an ADSL copper loop should start at an outside location, and is looped through a host or remote, and then to the subscriber, the copper plant from the outside location to the Sprint host or remote central office must be a facility dedicated to ADSL transmission only and not part of Sprint’s regular feeder or distribution plant.

46.5.

To the extent Sprint owns inside wire and related maintenance for itself and its customers, Sprint will provide CLEC existing inside wire, including intrabuilding and interbuilding cable, at any accessible point, where technically feasible. Where available, inside wire is offered separate from the UNE loop, and the rates for inside wire are distinct from the loop rates.

46.5.1.

Inside wire is the wire, owned by Sprint, and located on the customer’s side of the network interface (NI), as defined in C.F.R. §51.319(a)(2)(i). Inside wire also includes interbuilding and intrabuilding cable. Interbuilding cable means the cable between buildings in a campus setting (i.e. between multiple buildings at a customer location).

46.5.1.1.

Intrabuilding cable means the cable running vertically and horizontally within a building.

46.5.1.2.

Intrabuilding cable includes riser cable and plenum cable.

46.5.2.

Sprint will not provide or maintain inside wire in situations where it determines there are health or safety concerns in doing so.

46.6.

Requests for inside wire, including ordering and provisioning, will be handled on an Individual Case Basis (ICB) due to the uniqueness of each instance where

Sprint may own inside wire. The application of prices for inside wire will be matched to the specific facilities located at the site where it is being sold. The prices for inside wire are reflected in the standardized price list for the components for inside wire, including interbuilding cable, intrabuilding cable, SAI, riser cable and plenum cable. Non-recurring interconnection costs and charges will be determined on a site-specific basis and are dependent upon the facilities present at the location. The purchase of inside wire may necessitate the purchase of other facilities, including but not limited to, loop, network interface devices (NIDs), building terminals, and/or serving area interfaces (SAIs).

47.

LOCAL SWITCHING

47.1.

Local Switching is the Network Element that provides the functionality required to connect the appropriate lines or trunks wired to the Main Distributing Frame (MDF) or Digital Cross Connect (DSX) panel to a desired line or trunk. Such functionality shall include all of the features, functions, and capabilities that the underlying Sprint switch providing such Local Switching function provides for Sprint’s own services. Functionality may include, but is not limited to: line signaling and signaling software, digit reception, dialed number translations, call screening, routing, recording, call supervision, dial tone, switching, telephone number provisioning, announcements, calling features and capabilities (including call processing), Centrex, or Centrex like services, Automatic Call Distributor (ACD), CLEC presubscription (e.g., long distance Carrier, intraLATA toll), Carrier Identification Code (CIC) portability capabilities, testing and other operational features inherent to the switch and switch software. Since Sprint will offer EELs, Sprint is not required to provide local switching under this Section 47 for switching used to serve end users with four or more lines in access density zone I, in the top 50 Metropolitan Statistical Areas.

47.2.

Sprint will provide customized routing at CLECs request where technically feasible. Customized routing enables the CLEC to route their customer’s traffic differently than normally provided by Sprint. For example, customized routing will allow the CLEC to route their customer’s operator handled traffic to a different provider. CLEC requests will be processed through the BFR process. Pricing will be on a time and materials basis.

47.3.

Technical Requirements

47.3.1.

Sprint shall provide its standard recorded announcements (as designated by CLEC) and call progress tones to alert callers of call progress and disposition. CLEC will use the BFR process for unique announcements.

47.3.2.

Sprint shall change a subscriber from Sprint’s Telecommunications Services to CLECs Telecommunications Services without loss of feature functionality unless expressly agreed otherwise by CLEC.

47.3.3.

Sprint shall control congestion points such as mass calling events, and network routing abnormalities, using capabilities such as Automatic Call

Gapping, Automatic Congestion Control, and Network Routing Overflow. Application of such control shall be competitively neutral and not favor any user of unbundled switching or Sprint.

47.3.4.

Sprint shall offer all Local Switching features that are technically feasible and provide feature offerings at Parity with those provided by Sprint to itself or any other party.

47.4.

Interface Requirements. Sprint shall provide the following interfaces:

47.4.1.

Standard Tip/Ring interface including loopstart or groundstart, on-hook signaling (e.g., for calling number, calling name and message waiting lamp);

47.4.2.

Coin phone signaling;

47.4.3.

Basic and Primary Rate Interface ISDN adhering to ANSI standards Q.931, Q.932 and appropriate Telcordia Technical Requirements;

47.4.4.

Two-wire analog interface to PBX to include reverse battery, E&M, wink start and DID;

47.4.5.

Four-wire analog interface to PBX to include reverse battery, E&M, wink start and DID; and

47.4.6.

Four-wire DSI interface to PBX or subscriber provided equipment (e.g., computers and voice response systems).

47.5.

Sprint shall provide access to interfaces, including but not limited to:

47.5.1.

SS7 Signaling Network, Dial Pulse or Multi-Frequency trunking if requested by CLEC;

47.5.2.

Interface to CLEC operator services systems or Operator Services through appropriate trunk interconnections for the system; and

47.5.3.

Interface to CLEC directory assistance services through the CLEC switched network or to Directory Services through the appropriate trunk interconnections for the system; and 950 access or other CLEC required access to interexchange carriers as requested through appropriate trunk interfaces.

48.

TANDEM SWITCHING

48.1.

Tandem Switching is the function that establishes a communications path between two switching offices (connecting trunks to trunks) through a third switching office (the tandem switch) including but not limited to CLEC, Sprint, independent telephone companies, IXCs and wireless Carriers. A host/remote end office configuration is not a Tandem Switching arrangement.

48.2.

Technical Requirements

48.2.1.

The requirements for Tandem Switching include, but are not limited to, the following:

48.2.1.1.

Interconnection to Sprint tandem(s) will provide CLEC local interconnection for local service purposes to the Sprint end offices and NXXs which subtend that tandem(s), where local trunking is provided, and access to the toll network.

48.2.1.2.

Interconnection to a Sprint tandem for transit purposes will provide access to telecommunications carriers which are connected to that tandem.

48.2.1.3.

Where a Sprint Tandem Switch also provides End-Office Switch functions, interconnection to a Sprint tandem serving that exchange will also provide CLEC access to Sprint’s end offices.

48.2.2.

Tandem Switching shall preserve CLASS/LASS features and Caller ID as traffic is processed.

48.2.3.

To the extent technically feasible, Tandem Switching shall record billable events for distribution to the billing center designated by CLEC.

48.2.4.

Tandem Switching shall control congestion using capabilities such as Automatic Congestion Control and Network Routing Overflow. Congestion control provided or imposed on CLEC traffic shall be at Parity with controls being provided or imposed on Sprint traffic (e.g., Sprint shall not block CLEC traffic and leave its traffic unaffected or less affected).

48.2.5.

The Local Switching and Tandem Switching functions may be combined in an office. If this is done, both Local Switching and Tandem Switching shall provide all of the functionality required of each of those Network Elements in this Agreement.

48.2.6.

Tandem Switching shall provide interconnection to the E911 PSAP where the underlying Tandem is acting as the E911 Tandem.

48.3.

Interface Requirements

48.3.1.

Direct trunks will be utilized for interconnection to Sprint Tandems, excluding transit traffic via common trunks as may be required under the Act.

48.3.2.

Sprint shall provide all signaling necessary to provide Tandem Switching with no loss of feature functionality.

49.

PACKET SWITCHING

49.1.

Sprint will provide CLEC unbundled packet switching if all of the following conditions are met:

49.1.1.

Sprint has deployed digital loop carrier systems, including but not limited to, integrated digital loop carrier or universal digital loop carrier systems, or has deployed any other system in which fiber optic facilities replace copper facilities in the distribution section (e.g., end office to remote terminal, pedestal or environmentally controlled vault);

49.1.2.

There are no spare cooper loops cable of supporting the xDSL services the requesting carrier seeks to offer;

49.1.3.

Sprint has not permitted the requesting carrier to deploy a Digital Subscriber Line Access Multiplexer (DSLAM) at the remote terminal, pedestal or environmentally controlled vault or other interconnection point, nor has the requesting carrier obtained a virtual collocation arrangement at these sub-loop interconnection points as defined by 47 C.F.R.§51.319(b); and

49.1.4.

Sprint has deployed packet switching capability for its own use.

50.

TRANSPORT

50.1.

Shared Transport. Sprint will offer unbundled access to shared transport where unbundled local circuit switching is provided. Shared Transport is shared between multiple carriers and must be switched at a tandem. Shared transport is defined as transmission facilities shared by more than one carrier, including Sprint, between end office switches, between end office switches and tandem switches, and between tandem switches in the Sprint network.

50.1.1.

Sprint may provide Shared Transport at DS-0, DS-l, DS-3, STS-1 or higher transmission bit rate circuits.

50.1.2.

Sprint shall be responsible for the engineering, provisioning, and maintenance of the underlying Sprint equipment and facilities that are used to provide Shared Transport.

50.2.

Dedicated Transport. Sprint will offer unbundled access to dedicated interoffice transmission facilities, or transport, including dark fiber. Terms and conditions for providing dark fiber are set forth in §53. Dedicated transport is limited to the use of a single carrier and does not require switching at a tandem. Dedicated interoffice transmission facilities are defined as Sprint transmission facilities dedicated to a particular customer or carrier that provide Telecommunications Services between wire centers owned by Sprint or requesting telecommunications carriers, or between switches owned by Sprint or requesting telecommunications carriers.

50.2.1.

Technical Requirements

50.2.1.1.

Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:

50.2.1.1.1.

When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-l, DS-3, STS-1) shall be dedicated to CLEC designated traffic.

50.2.1.1.2.

Where Sprint has technology available, Sprint shall offer Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bidirectional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONET (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.

51.

SIGNALING SYSTEMS AND DATABASES

51.1.

Sprint will offer unbundled access to signaling links and signaling transfer points (STPs) in conjunction with unbundled switching, and on a stand-alone basis. The signaling network element includes, but is not limited to, signaling links and STPs. Sprint will offer unbundled access to call-related databases, including, but not limited to, the Line Information database (LIDB), Toll Free Calling database, Number Portability database, Calling Name (CNAM) database, Advanced Intelligent Network (AIN) databases, and the AIN platform and architecture. Sprint reserves the right to decline to offer unbundled access to certain AIN software that qualifies for proprietary treatment. The access to the above call related databases are not required based on this contract. If through

51.3.2.3.1.

CLEC shall specify each point within the Client’s networks that may originate queries to Sprint’s LIDB. This shall be communicated to the Sprint network point of contact via the format in Appendix C.

51.3.2.4.

Sprint shall provide access to Sprint’s SS7 gateway to other non-Sprint LIDB providers.

51.3.2.5.

Sprint shall process CLEC’s subscribers’ records in LIDB at Parity with Sprint subscriber records, with respect to other LIDB functions Sprint shall indicate to CLEC what additional functions (if any) are performed by LIDB in their network.

51.3.2.6.

Sprint shall perform backup and recovery of all of CLEC’s data in LIDB at Parity with backup and recovery of all other records in the LIDB, including sending to LIDB all changes made since the date of the most recent backup copy.

51.3.3.

Compensation and Billing

51.3.3.1.

Access by CLEC to LIDB information in Sprint’s LIDB Database - CLEC shall pay a per query charge as detailed in Sprint’s applicable tariff or published price list.

51.3.3.2.

Access to Other Companies’ LIDB Database - Access to other companies’ LIDB shall be provided at a per query rate established for hubbing of $0.0035 and a rate for LIDB queries and switching of $0,065 for a combined rate of $0.0685.

51.3.3.3.

Billing - Invoices will be sent out by the 15^th of each month on a LIDB specific invoice.

51.3.3.4.

Late Payments - All charges and fees not paid by CLEC to Sprint within thirty (30) days of the due date shall bear late payment penalties, from and after the expiration of that 30 day period, of one percent (1%) per month (calculated on the basis of a 30 day month for payments during any month), compounded monthly. Payments shall be applied to the oldest outstanding amount first.

51.3.3.5.

Disputes - If CLEC has any dispute associated with the invoice, CLEC shall notify Sprint in writing within sixty (60) calendar days of receipt of the invoice or the dispute shall be waived; except that in the event, following CLEC’s receipt of any such invoice, Sprint fails for any reason to provide CLEC access to data and records, the foregoing sixty (60) day period shall automatically extend to sixty (60) days following Sprint’s provision to CLEC. The Parties agree to proceed under the Dispute Resolution Process as provided in §23. All invoices must

be paid in full and any adjustments relating to a dispute amount shall be reflected on the Statement issued after resolution.

51.3.4.

Authorized Uses of Sprint’s LIDB Database - Use of Sprint’s LIDB Database by CLEC and CLEC’s customers is limited to obtaining information, on a call-by-call basis, for delivery of name with Caller ID functions and shall not be stored or resold by CLEC or its customers in any form.

51.4.

Calling Name Database (CNAM)

51.4.1.

The CNAM database is a transaction-oriented database accessible CCS network. It contains records associated with subscribers’ Line Numbers and Names. CNAM accepts queries from other Network Elements, or CLEC’s network, and provides the calling name. The query originator need not be the owner of CNAM data. CNAM provides the calling parties name to be delivered and displayed to the terminating caller with ‘Caller ID with Name’.

51.4.2.

Technical Requirements

51.4.2.1.

Storage of CLEC Caller Names in the Sprint CNAM Database is available under the terms of a separate contract.

51.4.2.2.

Sprint shall provide access to Sprint CNAM database for purpose of receiving and responding to Calling Name Service Queries.

51.4.2.2.1

CLEC shall specify each point within the CLEC’s networks that may originate queries to Sprint’s CNAM database. This shall be communicated to the Sprint network point of contact via the format in Appendix C.

51.4.2.3.

Sprint shall provide access to Sprint’s SS7 gateway to other non-Sprint CNAM providers for the purpose of receiving and responding to Calling Name Queries where the names are stored in other non-Sprint databases.

51.4.3.

Compensation and Billing

51.4.3.1.

Access by CLEC to CNAM information in Sprint’s CNAM Database - CLEC shall pay a per query charge as detailed in Sprint’s applicable tariff or published price list.

51.4.3.2.

Access to Other Companies’ CNAM Database - Access to other companies CNAM shall be provided at a per query rate established for hubbing of $0.0035 and a rate for CNAM queries and switching of $0,016 for a combined rate of $0.0195.

51.4.3.3.

Billing - Invoices will be sent out by the I5^th of each month on a CNAM specific invoice.

51.4.3.4.

Late Payments - All charges and fees not paid by CLEC to Sprint within thirty (30) days of the due date shall bear late penalties, from and after the expiration of that 30 day period, of a one percent (1%) per month (calculated on the basis of a 30 day month for payments during any month), compounded monthly. Payments shall be applied to the oldest outstanding amount first.

51.4.3.5.

Disputes - If CLEC has any dispute associated with the invoice, CLEC shall notify Sprint in writing within sixty (60) calendar days of receipt of the invoice or the dispute shall be waived; except that in the event, following CLEC’s receipt of any such invoice, Sprint fails for any reason to provide CLEC access to data and records, the foregoing sixty (60) days following Sprint’s provision to CLEC. The Parties agree to proceed under the Dispute Resolution Process as provided in §23. All invoices must be paid in full and any adjustments relating to a dispute amount shall be reflected on the Statement issued after resolution.

51.4.4.

Authorized Uses of Sprint’s CNAM Database - Use of Sprint’s CNAM Database by CLEC and its customers is limited to obtaining information, on a call-by-call basis, for delivery of name with Caller ID functions and shall not be stored or resold by CLEC or its customers in any form.

51.5.

Toll Free Number Database

51.5.1.

The Toll Free Number Database provides functionality necessary for toll free (e.g., 800 and 888) number services by providing routing information and additional vertical features (i.e., time of day routing by location, by carrier and routing to multiple geographic locations) during call setup in response to queries from STPs. The Toll Free records stored in Sprint’s database are downloaded from the SMS/800. Sprint shall provide the Toll Free Number Database in accordance with the following:

51.5.1.1

Technical Requirements

51.5.1.1.1.

Sprint shall make the Sprint Toll Free Number Database available for CLEC to query, from CLEC’s designated switch including Sprint unbundled local switching with a toll-free number and originating information.

51.5.1.1.2.

The Toll Free Number Database shall return CLEC identification and, where applicable, the queried toll free number, translated numbers and instructions as it would in response to a query from a Sprint switch.

51.5.1.2.

Interface Requirements. The signaling interface between the CLEC or other local switch and the Toll-Free Number database shall use the TCAP protocol, together with the signaling network interface.

51.5.2.

Compensation and Billing

51.5.2.1.

Access by CLEC to the Toll Free Number Database Information - CLEC shall pay a per query charge as detailed in Sprint’s applicable tariff or published price list.

51.5.2.2.

Billing - Invoices will be sent out by the 15^th of each month on a Toll Free Number Database specific invoice.

51.5.2.3.

51.5.2.4.

51.5.3.

Authorized Uses of Sprint’s Toll Free Database - Use of Sprint’s Toll Free Database by CLEC and its customers is limited to obtaining information,

on a call-by-call basis, for proper routing of calls in the provision of toll free exchange access service or local toll free service.

51.6.

Local Number Portability Local Routing Query Service

51.6.1.

TCAP messages originated by CLEC’s SSPs and received by Sprint’s database will be provided a response upon completion of a database lookup to determine the LRN. This information will be populated in industry standard format and returned to CLEC so that it can then terminate the call in progress to the telephone number now residing in the switch designated by the LRN. Sprint shall provide the LNP Query Service in accordance with the following:

51.6.1.1.

Technical Requirements

51.6.1.1.1.

CLEC agrees to obtain, prior to the initiation of any query or other service under this Agreement, a NPAC/SMS User Agreement with Lockheed. CLEC will maintain the NPAC/SMS User Agreement with the Lockheed, or its successor, as long as it continues to make LNP queries to the Sprint database. Failure to obtain and maintain the NPAC/SMS User Agreement is considered a breach of this Agreement and is cause for immediate termination of service. Sprint shall not be liable for any direct or consequential damages due to termination because of lack of a NPAC/SMS User Agreement.

51.6.1.1.2.

First Usage Notification - Sprint will provide CLEC with notification of the first ported number order processed in each NPA/NXX eligible for porting. This shall be provided via E-mail to CLEC’s designee on a mutually agreeable basis.

51.6.2.

Compensation and Billing

51.6.2.1.

Access by CLEC to the LNP Database information — CLEC shall pay a per query charge as detailed in Sprint’s applicable tariff or published price list.

51.6.2.2.

Billing – Invoices will be sent out by the 15^th of each month on a LNP specific invoice.

51.6.2.3.

Late Payments – All charges and fees not paid by CLEC to Sprint within thirty (30) days of the due date shall bear late payment penalties, from and after the expiration of that 30 day period, of one percent (1%) per month (calculated on the basis of a 30 day month for payments during any month), compounded monthly. Payments shall be applied to the oldest outstanding amount first.

51.6.2.4.

Disputes – If CLEC has any dispute associated with the invoice, CLEC shall notify Sprint in writing within sixty (60) calendar days of receipt of the invoice or the dispute shall be waived; except that in the event, following CLEC’s receipt of any such invoice, Sprint fails for any reason to provide CLEC access to data and records, the forgoing sixty (60) day period shall automatically extend to sixty (60) days following Sprint’s provision to CLEC. The Parties agree to proceed under the Dispute Resolution Process as provided in §23. All invoices must be paid in full and any adjustments relating to a disputed amount shall be reflected on the Statement issued after resolution.

51.6.2.5.

NPAC Costs – Sprint’s LNP Database service offering does not include the cost of any charges or assessments by Number Portability Administrative Centers, whether under the NPAC/SMS User Agreement with Lockheed, or otherwise, or any charges assessed directly against CLEC as the result of the FCC LNP Orders or otherwise by any third-party. These costs include the costs assessed against telecommunications carriers to pay for NPAC functions as permitted by the FCC and applicable legal or regulatory bodies. Sprint shall have no liability to CLEC or the NPAC for any of these fees or charges applicable to CLEC, even though it may pay such charges for other Sprint companies.

52.

OPERATIONS SUPPORT SYSTEMS (OSS)

52.1.

Sprint will offer unbundled access to Sprint’s operations support systems to the extent technically feasible in a non-discriminatory manner at Parity. OSS consists of pre-ordering, ordering, provisioning, maintenance and repair, and billing functions supported by Sprint’s databases and information. The OSS element includes access to all loop qualification information contained in Sprint’s databases or other records, including information on whether a particular loop is capable of providing advanced services. The prices for loop qualification information are included in Table 1 of this Agreement.

53.

DARK FIBER

53.1.

General Rules and Definition

53.1.1.

Dark fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. It is fiber optic cable that connects two points within Sprint’s network that has not been activated through connection to the electronics that “light” it and render it capable of carrying telecommunications services.

53.1.2.

Sprint will unbundle dark fiber for the dedicated transport, loop and sub-loop network elements in accordance with the FCC’s Third Report and Order (CC Docket No. 96-98). Dark fiber is not a separate network element, but a subset of dedicated transport and loop network elements. In addition to the terms in this section, any rules, guidelines and Agreement provisions for these network elements, including accessibility, will apply to dark fiber.

53.2.

Fiber Availability

53.2.1.

Spare fibers in a sheath are not considered available if Sprint has an established project to put the fiber in use within the current year and the following year.

53.2.2.

Sprint will also maintain fibers to facilitate maintenance, rearrangements and changes. Sprint will generally reserve 8% of fibers in a sheath for maintenance, subject to a minimum of 4 fibers and a maximum of 12 fibers.

53.2.3.

Dark fiber requests will be handled on a first come first served basis, based on the date the Dark Fiber Application (DFA) is received.

53.2.4.

Sprint will not restrict the use of leased dark fiber.

53.3.

Interconnection Arrangements

53.3.1.

Rules for gaining access to unbundled network elements apply to dark fiber. Virtual and physical collocation arrangements may be used by CLEC to locate the optical electronic equipment necessary to “light” leased dark fiber.

53.3.2.

The CLEC that requests dark fiber must be able to connect to the Sprint fiber by means of fiber patch panel.

53.3.3.

If fiber patch panels (FPPs) are not located within close enough proximity for a fiber patch cord, Sprint will purchase and install intraoffice cabling at the CLEC’s expense. The process is outside the scope of this agreement.

53.3.4.

Establishment of applicable fiber optic transmission equipment or intermediate repeaters needed to power the unbundled dark fiber in order to carry telecommunications services is the responsibility of the CLEC.

53.4.

Dark Fiber Application and Ordering Procedure

53.4.1.

CLEC will submit a Dark Fiber Application (DFA) and application fee to request that Sprint verify availability of dark fiber between the CLEC-specified locations. See Table 1 for application fee amount.

53.4.2.

Within 20 business days of receipt of DFA, Sprint will provide CLEC with a response regarding fiber availability and price.

53.4.2.1.

If dark fiber is not available, Sprint will notify CLEC of the DFA rejection.

53.4.2.2.

CLEC will follow the Dispute Resolution Process outlined in §23 of this Agreement if they wish to contest the rejection.

53.4.3.

If dark fiber is available, CLEC will notify Sprint of acceptance/rejection of dark fiber quote, via a firm order, within 10 business days of receipt of quote. Sprint will reserve the requested dark fiber for the CLEC during these 10 business days. If, however, CLEC does not submit a firm order by the 10^th business day, the fiber will no longer be reserved.

53.4.4.

After 10 business days of receipt of the price quote, if CLEC has not accepted, CLEC must submit another DFA and application fee.

53.4.5.

The CLEC will submit a firm order for dark fiber via the local service request (LSR) or access service request (ASR), as appropriate.

53.4.6.

By submitting the dark fiber firm order, the CLEC agrees to pay quoted monthly recurring and non-recurring charges. See Table 1 for monthly recurring and non-recurring charges.

53.4.7.

Sprint shall use reasonable efforts to provide dark fiber to CLEC within 20 business days after it receives firm order from CLEC. Billing of the monthly recurring and non-recurring charges will begin upon completion of dark fiber order.

53.5.

Maintenance and Testing

53.5.1.

Sprint is only responsible for maintaining the facilities that it owns.

53.5.2.

Sprint will conduct an end-to-end test of dark fiber after receipt of the firm order.

53.5.3.

For meetpoint arrangements, Sprint will conduct cooperative testing with another carrier at CLEC’s request. Additional rates and charges will apply.

53.5.4.

Sprint does not guarantee that the transmission characteristics of the dark fiber will remain unchanged over time.

53.5.5.

Sprint is not responsible for determining whether the transmission characteristics of the dark fiber will accommodate the CLEC requirements.

53.6.

Rules for Take Back

53.6.1.

Sprint reserves the right to take back dark fiber to meet its carrier of last resort obligations.

53.6.2.

Sprint will provide CLEC 12 months written notice prior to taking back fiber.

53.6.3.

If multiple CLECs have leased fiber within a single sheath, Sprint will take back the fiber that was the last to be leased.

53.6.4.

Sprint will provide the CLEC with alternative transport arrangements when Sprint takes back working fiber.

53.6.5.

The Dispute Resolution Procedures found in §23 of this Agreement will be followed if CLEC wishes to contest Sprint’s decision to take back its leased fiber.

54.

LOOP FREQUENCY UNBUNDLING

54.1.

General Terms

54.1.1.

Sprint shall make available as a separate unbundled network element the HFS UNE for line sharing by CLEC. Prices for each of the separate components offered in association with the HFS UNE are reflected in Table 1 to this Agreement unless otherwise noted.

54.1.2.

Pursuant to FCC rules and orders as applicable under the provisions of Paragraph 3.3 of this Agreement, Sprint shall provide unbundled access to the HFS UNE at its central office locations and at any accessible terminal in the outside loop plant, subject to the execution by CLEC of a collocation agreement and the availability of space.

54.1.3.

Sprint shall make the HFS UNE available to CLEC in only those instances when Sprint is the provider of analog circuit-switched voice band service on that same copper loop to the same End User.

54.1.3.1.

Sprint’s HFS UNE unbundling obligation does not apply where copper facilities do not exist.

54.1.3.2.

When requested, Sprint will move an end user’s analog circuit switched voice band service from digital loop carrier derived service to spare copper facilities, if available, via the non-recurring charges listed in Table 1 at CLEC’s expense.

54.1.4.

Reverse ADSL Loops. If a CLEC’s ADSL Transmission Unit (including those integrated into DSLAMs) is attached to Sprint’s Network and if an ADSL copper loop should start at an outside location, and is looped through a host or remote, and then to the subscriber, the copper plant from the outside location to the Sprint host or remote central office must be a facility dedicated to ADSL transmission only and not part of Sprint’s regular feeder or distribution plant.

54.1.5.

In the event that the End User being served by CLEC via HFS UNE terminates its Sprint-provided analog circuit-switched voice band service, or when Sprint provided analog circuit switched voice band service is disconnected due to “denial for non-pay”, Sprint shall provide reasonable notice to CLEC prior to disconnect. CLEC shall have the option of purchasing an entire stand-alone UNE Non-Voice Grade loop if it wishes to continue to provide advanced services to that End User. If CLEC notifies Sprint that it chooses this option, CLEC and Sprint shall cooperate to transition DSL service from the HFS UNE to the stand-alone loop without any interruption of service pursuant to the provisions set forth below If CLEC declines to purchase the entire stand alone UNE Non-Voice Grade loop, Sprint may terminate the HFS UNE.

54.1.6.

Sprint will use reasonable efforts to accommodate the continued use by CLEC as a stand-alone UNE Non-Voice Grade loop of the copper loop facilities over which CLEC is provisioning advanced services at the time that the Sprint-provided analog circuit-switched voice band service terminates; provided that:

54.1.6.1.

adequate facilities are available to allow the provisioning of voice service over such other facilities, and

54.1.6.2.

CLEC agrees to pay any additional ordering charges associated with the conversion from the provisioning of HFS UNE to a stand alone unbundled non-voice grade loop as specified in the Existing Interconnection Agreement (excluding conditioning charges).

54.1.7.

If facilities do not exist and the End User being served by CLEC via HFS UNE has its Sprint-provided analog circuit-switched voice band service terminated and another carrier (“Voice CLEC”) seeks to purchase the copper loop facilities (either as resale or a UNE) over which CLEC is provisioning advanced services at the time that the Sprint-provided analog circuit-switched voice band service terminates, Sprint will continue to allow the provision of advanced services by CLEC over the copper facilities as an entire stand-alone UNE Non-Voice Grade loop until such time as the Voice CLEC certifies to Sprint that the End User has chosen the Voice CLEC for the provision of voice service over the existing facilities. Sprint will provide reasonable notice to CLEC prior to disconnection.

54.1.8.

Sprint will offer as a UNE or a combination of UNEs, line sharing over fiber fed loops, including loops behind DLCs, under the following conditions:

54.1.8.1.

Sprint must first have deployed the applicable technology in the Sprint Network and be providing service to its End Users over such facilities employing the technology;

54.1.8.2.

There must be a finding that the provision of High Frequency Spectrum Network Element in this fashion is technically feasible and, to the extent that other UNEs are involved in the provision of such service, that the combination of such elements as are necessary to provide the service is required under the Act.

54.1.8.3.

The pricing as set forth in this Agreement would not apply to the provision of such services and appropriate pricing would have to be developed, as well as operational issues associated with the provision of the service.

54.2.

Information to be Provided

54.2.1.

In connection with the provision of HFS UNE, Sprint shall provide to CLEC:

54.2.1.1.

information with respect to the spectrum management procedures and policies that Sprint uses in determining which services can be deployed;

54.2.1.2.

information with respect to the rejection of CLEC’s provision of advanced services, together with the specific reason for the rejection; and

54.2.1.3.

information with respect to the number of loops using advanced services technology within the binder and type of technology deployed on those loops.

54.2.2.

In connection with the provision of HFS UNE, CLEC shall provide to Sprint the following information on the type of technology that CLEC seeks to deploy where CLEC asserts that the technology it seeks to deploy fits within a generic Power Spectral Density (PSD) mask:

54.2.2.1.

information in writing (via the service order) regarding the Spectrum Management Class (SMC), as defined in the TIEI.4/2000-002R2 Draft and subsequent updates, of the desired loop so that the loop and/or binder group may be engineered to meet the appropriate spectrum compatibility requirements;

54.2.2.2.

54.2

2.3. to the extent not previously provided CLEC must disclose to Sprint every SMC that the CLEC has implemented on Sprint’s facilities to permit effective Spectrum Management.

54.2.3.

54.3.

Conditioning, Testing, Maintenance

54.3.1.

Sprint will condition loops at the request of CLEC. Conditioned loops are copper loops from which excessive bridge taps, load coils, low-pass filters, range extenders, load coils and similar devices have been removed to enable the delivery of high-speed wireline telecommunications capability, including DSL. Sprint will assess charges for loop conditioning in accordance with the prices listed in Table 1. Conditioning charges apply to all loops irrespective of the length of the loop. Sprint will not condition the loop if such activity significantly degrades the quality of the analog circuit-switched voice band service on the loop.

54.3.2.

If Sprint declines a CLEC request to condition a loop and Sprint is unable to satisfy CLEC of the reasonableness of Sprint’s justification for such refusal, Sprint must make a showing to the relevant state commission that conditioning the specific loop in question will significantly degrade voiceband services.

54.3.3.

If CLEC requests an ADSL loop, for which the effective loop length exceeds the ADSL standard of 18 kft (subject to gauge design used in an area), additional non-recurring charges for engineering and load coil removal will apply, plus trip charges and any applicable maintenance charges as set forth in Table 1 to this Agreement. Non-standard non-voice grade loops will not be subject to performance measurements (unless required by the Commission) or technical specifications, however all of the SMC requirements set forth in §45.5 above are applicable. On conditioned non-voice grade loops, both standard (under 18 kft) and non-standard (over 18 kft), Sprint will provide electrical continuity and line balance.

54.3.4.

At the installation of the analog circuit-switched voice band service, and in response to reported trouble, Sprint will perform basic testing (simple metallic measurements) by accessing the loop through the voice switch. Sprint expects the CLEC to deploy the testing capability for its own specialized services. If CLEC requests testing other than basic installation testing as indicated above, Sprint and CLEC will negotiate terms and charges for such testing.

54.3.5.

In the event both Sprint’s analog circuit-switched voice services and the CLEC’s services using the high frequency portion of the loop are harmed

through no fault of either Party, or if the high frequency portion of the loop is harmed due to any action of Sprint other than loop maintenance and improvements, Sprint will remedy the cause of the outage at no cost to the CLEC. Any additional maintenance of service conducted at CLEC’s request by Sprint on behalf of the CLEC solely for the benefit of the CLEC’s services will be paid for by CLEC at prices negotiated by Sprint and CLEC.

54.4.

Deployment and Interference

54.4.1.

In providing services utilizing the high frequency spectrum network element, sprint shall allow CLEC to deploy underlying technology that does not significantly interfere with other advanced services and analog circuit-switched voice band transmissions.

54.4.2.

54.4.3.

Until long term industry standards and practices can be established, a particular technology using the high frequency portion of the loop shall be presumed acceptable for deployment under certain circumstances. Deployment that is consistent with at least one of the following circumstances presumes that such loop technology will not significantly degrade the performance of other advanced services or impair traditional analog circuit-switched voice band services:

54.4.3.1.

Complies with existing industry standards, including an industry-standard PSD mask, as well as modulation schemes and electrical characteristics;

54.4.3.2.

Is approved by an industry standards body, the FCC, or any state commission or;

54.4.3.3.

Has been successfully deployed by any carrier without significantly degrading the performance of other services; provided however, where CLEC seeks to establish that deployment of a technology falls within the presumption of acceptability under this paragraph 54.4.3.3, the burden is on CLEC to demonstrate to the state commission that its proposed deployment meets the threshold for a presumption of acceptability and will not, in fact, significantly degrade the performance of other advanced services or traditional voice band services.

54.5.

If a deployed technology significantly degrades traditional analog circuit-switched

voice band services, Sprint will notify the CLEC and give them a reasonable opportunity to correct the problem. CLEC will immediately stop any new deployment until the problem is resolved to mitigate disruption of Sprint and other carrier services. If Sprint and the CLEC are unable to resolve the problem, they will present factual evidence to the State Commission for review and determination. If the Commission determines that the CLECs technology is the cause of the interference, the CLEC will remedy the problem by reducing the number of existing customers utilizing the technology or by migrating them to another technology that does not disturb.

54.6.

54.7.

When the only degraded service itself is a known disturber and the newly deployed technology is presumed acceptable pursuant to 54.4.3, the degraded service shall not prevail against the newly deployed technology.

54.8.

If Sprint denies a request by CLEC to deploy a technology, it will provide detailed, specific information providing the reasons for the rejection.

54.9.

Splitters

54.9.1.

In providing access to the High Frequency Spectrum Network Element, CLEC will purchase, install and maintain the splitter in their caged or cageless collocation space, unless Sprint and CLEC negotiate other network architecture options for the purchase, installation and maintenance of the Splitter. All wiring connectivity from the CLEC DSLAM (Sprint analog voice input to the splitter and combined analog voice/data output from the splitter) will be cabled out to the Sprint distribution frame for cross connection with jumpers. Prices for these services are reflected in Table 1. Sprint will provide and, if requested, install the cabling from the CLEC collocation area to Sprint’s distribution frame and be reimbursed, as applicable, per the normal collocation process, except that no charges shall apply for any reassignment of carrier facilities (“CFA”) or reduction of existing facilities. CLEC will make all cable connections to their equipment.

55.

FORECAST

55.1.

CLEC will provide monthly forecast information to Sprint updated quarterly on a rolling twelve-month basis for requests for Voice Grade Loops (including Subloops), Non-Voice Grade Loops (including Subloops), and HFS UNEs. An initial forecast meeting should be held soon after the first implementation meeting. A forecast should be provided at or prior to the first implementation meeting. The forecasts shall project the gain/loss of shared lines on a monthly basis by Sprint wire center and shall include a description of any major network projects planned by CLEC that will affect the demand. Forecast information shall be subject to the confidentiality provisions of this Agreement. Forecast information will be used solely for network planning and operations planning and shall not be disclosed within Sprint except as required for such purposes. Under no circumstances shall CLEC specific forecast information be disclosed to Sprint’s retail organization (excluding solely those operational personnel engaged in network and operations planning), product planning, sales or marketing.

55.2.

Upon request of either Party, the Parties shall meet to review their forecasts going forward if forecasts vary significantly from actual results.

55.3.

Each Party shall provide a specified point of contact for planning purposes.

56.

INDEMNIFICATION

56.1.

Each Party, whether a CLEC or Sprint, agrees that should it cause any non-standard DSL technologies to be deployed or used in connection with or on Sprint facilities, that Party will pay all costs associated with any damage, service interruption or other telecommunications service degradation, or damage to the other Party’s facilities.

56.2.

For any technology, CLEC represents that its use of any Sprint network element, or of its own equipment or facilities in conjunction with any Sprint network element, will not materially interfere with or impair service over any facilities of Sprint, its affiliated companies or connecting and concurring carriers, cause damage to Sprint’s plan, impair the privacy of any communications carried over Sprint’s facilities or create hazards to employees or the public. Upon reasonable written notice and after a reasonable opportunity to cure, Sprint may discontinue or refuse service if CLEC violates this provision, provided that such termination of service will be limited to CLEC’s use of the element(s) causing the violation. Sprint will not disconnect the elements causing the violation if, after receipt of written notice and opportunity to cure, CLEC demonstrates that their use of the network element is not the cause of the network harm.

57.

LOOP MAKE-UP INFORMATION

57.1.

To the extent technically feasible, CLEC will be given access to Loop Qualification and OSS interfaces that Sprint is providing any other CLEC and/or Sprint or its affiliates. Sprint shall make available this Loop Qualification in a non-discriminatory manner at Parity with the data and access it gives itself and other CLECs, including affiliates. The charges for Loop Qualification are set forth in Table 1 to this Agreement.

57.2.

Subject to §57.1 above, Sprint’s Loop Qualification will provide response to CLEC queries. Until replaced with automated OSS access, Sprint will provide Loop Qualification access on a manual basis.

57.3.

Information provided to the CLEC will not be filtered or digested in a manner that it would affect the CLECs ability to qualify the loop for advanced services. Sprint will not refuse to supply information based on the availability of products offered by Sprint.

57.4.

Sprint shall provide Loop Qualification based on the individual telephone number or address of an end-user in a particular wire center or NXX code. Loop Qualification requests will be rejected if the service address is not found within existing serving address information, if the telephone number provided is not a working number or if the POI identified is not a POI where the requesting CLEC connects to the Sprint LTD network.

57.5.

Errors identified in validation of the Loop Qualification inquiry order will be passed back to the CLEC.

57.6.

Sprint may provide the requested Loop Qualification information to the CLECs in whatever manner Sprint would provide to their own internal personnel, without jeopardizing the integrity of proprietary information (i.e. – fax, intranet inquiry, document delivery, etc.). If the data is provided via fax, CLEC must provide a unique fax number used solely for the receipt of Loop Qualification information.

57.7.

If CLEC does not order Loop Qualification prior to placing an order for a loop for the purpose of provisioning of an advanced service and the advanced service cannot be successfully implemented on that loop, CLEC agrees that:

57.7.1.

CLEC will be charged a Trouble Isolation Charge to determine the cause of the failure;

57.7.2.

If Sprint undertakes Loop Qualification activity to determine the reason for such failure, CLEC will be charged a Loop Qualification Charge; and

57.7.3.

If Sprint undertakes Conditioning activity for a particular loop to provide for the successful installation of advanced services, CLEC will pay applicable conditioning charges as set forth in Table 1 pursuant to §45 of this Agreement.

58.

VOICE UNE-P AND EEL

58.1.

Combination of Network Elements

58.1.1.

CLEC may order Unbundled Network Elements either individually or in the combinations of VOICE UNE-P and EEL as specifically set forth in this Section of the Agreement.

58.2.

Definitions

58.2.1.

EEL - Enhanced Extended Link (EEL). EEL for purposes of this Agreement refer to the existing unbundled network elements, specifically NID, loop, multiplexing (MUX) if necessary and transport, in the Sprint Network.

58.2.2.

VOICE UNE-P - Voice Unbundled Network Element Platform (VOICE UNE-P). VOICE UNE-P for purposes of this Agreement refers to the existing unbundled network elements, specifically NID, Loop, Local Switch Port, Local Circuit Switching, Shared Transport, and Local Tandem Switching, in the Sprint Network and is used to carry traditional POTS analog circuit-switched voice band transmissions.

58.3.

General Terms and Conditions

58.3.1.

Sprint will allow CLEC to order each Unbundled Network Element individually in order to permit CLEC to combine such Network Elements with other Network Elements obtained from Sprint as provided for herein, or with network components provided by itself or by third parties to provide telecommunications services to its customers, provided that such combination is technically feasible and would not impair the ability of other carriers to obtain access to other unbundled network elements or to interconnect with Sprint’s network or in combination with any other Network Elements that are currently combined in Sprint’s Network.

58.3.2.

Sprint will provide CLEC access to VOICE UNE-P and EEL as provided in this Agreement. CLEC is not required to own or control any of its own local exchange facilities before it can purchase or use VOICE UNE-P or EEL to provide a telecommunications service under this Agreement. Any request by CLEC for Sprint to provide combined UNEs that are not otherwise specifically provided for under this Agreement will be made in accordance with the BFR process described in §43 and made available to CLEC upon implementation by Sprint of the necessary operational modifications.

58.3.3.

The provisioning of VOICE UNE-P and EEL combinations is limited to existing facilities and Sprint is not obligated to construct additional facilities to accommodate any request by CLEC.

58.3.4.

Notwithstanding Sprint’s general duty to unbundle local Circuit Switching, Sprint shall not be required to unbundle local Circuit Switching, nor provide VOICE UNE-P for CLEC when CLEC serves end-users with four or more voice grade (DS0) equivalents or lines provided that Sprint provides nondiscriminatory access to combinations of unbundled loops and transport (EELs) throughout Density Zone 1, when Sprint’s local circuit switches are located in the top 50 Metropolitan Statistical Areas as set forth in Appendix B of the Third Report and Order and Fourth Further Notice of Proposed Rulemaking in CC Docket 96-98, and in Density Zone 1, as defined in §69.123 on January 1, 1999 (the Exemption). Sprint may audit CLEC’s UNE-P customer base in accordance with §7 of the Agreement to ensure CLEC’s adherence to the Exemption.

58.4.

Specific Combinations and Pricing

58.4.1

In order to facilitate the provisioning of VOICE UNE-P and EEL Sprint shall support the ordering and provisioning of these specific combinations as set forth below.

58.4.2.

The Parties agree to negotiate an acceptable interim solution and support the development of industry standards for joint implementation. Ordering and provisioning for VOICE UNE-P and EEL will be converted to industry standards within a reasonable period of time after those standards have been finalized and Sprint has had the opportunity to implement necessary operation modifications.

58.5.

Sprint Offers the Following Combinations of Network Elements

58.5.1.

Voice Unbundled Network Element Platform (UNE-P). VOICE UNE-P is the combination of the NID, Loop, Local Circuit Switching, Shared Transport, and Local Tandem Switching network elements.

58.5.1.1.

Sprint will offer the combination of the NID, Loop, Local Circuit Switching, Local Switch Port, Shared Transport, and Local Tandem Switching (where Sprint is the provider of Shared Transport and Local Tandem Switching) unbundled network elements to provide VOICE UNE-P at the applicable recurring charges and non-recurring charges as specified in Table 1 for VOICE UNE-P plus the applicable Service Order Charge. Sprint will also bill CLEC for applicable Usage Data Recording and Transmission Charges as indicated in Table 1.

58.5.1.2.

Until such time as Sprint can bill the recurring charges for usage based VOICE UNE-P elements (Local Circuit Switching, Shared Transport, Local Tandem Switching), these charges will be billed to CLEC at the recurring flat rate charge reflected in Table 1. Upon the implementation of the necessary operational modifications, Sprint will convert from billing CLEC based on this flat rated monthly charge to applicable usage based charges for the VOICE UNE-P elements.

58.5.1.3.

Sprint will provide originating and terminating access records to CLEC for access usage over UNE-P. CLEC will be responsible for billing the respective originating and/or terminating access charges directly to the IXC.

58.5.1.4.

Sprint will provide CLEC toll call records that will allow it to bill its end users for toll charges. Such record exchange will be in industry standard EMI format at the charges set forth in Table 1. Any non-standard requested format would be handled through the BFR process as set forth in §43 of this Agreement.

58.5.2.

EEL is the combination of the NID, Loop, and Dedicated Transport network elements.

58.5.2.1.

Sprint will offer the combination of unbundled loops with unbundled dedicated transport as described herein to provide EEL at the applicable recurring and non-recurring charges as specified in Table 1 for EEL, the applicable recurring and nonrecurring charges for cross connects and Service Order Charges. Sprint will provide cross-connect unbundled 2 or 4-wire analog or 2-wire digital loops to unbundled voice grade/DS0, DS1, or DS3 dedicated transport facilities (DS0 dedicated transport is only available between Sprint central offices) for CLEC’s provision of circuit switched telephone exchange service to CLEC’s own end user customers.

58.5.2.2.

Multiplexing shall be provided as necessary as part of dedicated transport.

58.5.2.3.

In order to obtain EELs a requesting carrier must be providing a “significant amount of local exchange service” over the proposed EEL to the end user customer, as that phrase is defined by the FCC.

58.5.2.4.

Sprint reserves the right, upon thirty (30) days notice, to audit CLEC’s local usage information when Sprint reasonably believes that CLEC has not met the local usage criteria defined by the FCC. Sprint will hire and pay for an independent auditor to perform the audit, CLEC will reimburse Sprint if the audit results confirm CLEC’s non-compliance with the local usage criteria. Sprint will not request more than one audit in a calendar year unless an audit finds non-compliance, in which case, Sprint shall have the right to request an audit one additional time during that same calendar year. Sprint shall continue to have the additional audit right described above, so long as the Sprint audits indicate CLEC non-compliance. In the instance of non-compliance, CLEC shall convert the loop-transport combination to special access. This is in addition to Sprint’s audit rights pursuant to §7.

58.5.2.5.

Notwithstanding the above limitations, pursuant to §58 of this Agreement, Sprint will offer EELs where the component UNEs are not previously or currently combined where Sprint is not required to provide local switching for switching used to serve end users with four or more lines in access density zone 1, in the top 50 Metropolitan Statistical Areas.