Sample Business Contracts


Agreement [Attachment 13-14] - Liberty Telecom LLC and Nevada Bell

Services Forms

ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


ATTACHMENT 13


CONNECTIVITY BILLING AND RECORDING


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC.


TABLE OF CONTENTS


1. General

  3

2. Billing Format

  3

3. Billable Information And Charges

  3

4. Meet Point Billing

  6

5. Collocation

  8

6. Mutual Compensation

  8

7. Issuance of Connectivity Bills - General

  8

8. Electronic Transmissions

  10

9. Tape or Paper Transmissions

  10

10. Testing Requirements

  12

11. Bill Accuracy Certification

  13

12. Additional Requirements

  13

13. Payment Of Charges

  14

14. Billing Disputes

  14

15. Late Payment Charges

  15

16. Adjustments

  16

17. Recording Of Call Information

  16

18. No Netting of Amounts Due

  17

Appendix A:

Pre-Bill Certification Operating Agreement


Appendix B:

Schedule For Agreement on Specifications for Electronic Transmission and Start Date for Implementation of Transmission Method


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADALiberty Telecom LLC.


CONNECTIVITY BILLING AND RECORDING


1. General

This Attachment describes the requirements for NEVADA to bill and record all charges CLEC incurs for purchasing Local Services for resale and for Network Elements and combinations, and describes the requirements for NEVADA and CLEC to bill and record all charges incurred to provide Meet Point Billing and Mutual Compensation. In addition to the terms and conditions set forth in this Attachment 13, CLEC and NEVADA will use their best efforts to complete and sign a Pre-Bill Certification Operating Agreement by June 30, 1998 at CLEC’s request, which, when executed by both Parties, will signify the completion of the project plan to develop a working Pre-Bill Certification process to ensure the accuracy and timeliness of billing prior to the issuance of the bill to CLEC and will become Appendix A to this Attachment 13. The performance measurements applicable to Connectivity Billing and Recording are set forth in Attachment 17.


2. Billing Format

NEVADA shall provide billing for Unbundled Network Elements, Combinations, and local resale in the same electronic format as provided by Pacific Bell pursuant to the CLEC/Pacific Bell Interconnection Agreement and as may be modified from time to time.


2.1 Each Party agrees to deliver billing information in a format based on industry standards implemented by CLEC and Pacific Bell.


3. Billable Information And Charges

 3.1 NEVADA will bill and record in accordance with this Attachment those charges CLEC incurs as a result of CLEC purchasing from NEVADA Network Elements, Combinations and Local Services, as set forth in this Agreement (hereinafter “Connectivity Charges”). The Parties agree that, except as expressly provided in this Attachment, CABS or predecessor billing systems will comply with OBF standards.

 3.2 

Each bill for Connectivity Charges (hereinafter “Connectivity Bill”) shall be formatted in accordance with CABS, CRIS or FABS, as appropriate. Each Element, Combination, or Local Service, purchased by CLEC shall be assigned a separate and unique billing code in the form agreed to by the Parties and such code shall be provided to CLEC on each Connectivity Bill in which charges for such Elements, Combinations, or Local Services appear. Each such billing code shall enable CLEC to identify the Element(s), or Combinations and Options as described in Attachment 11 to this Agreement ordered by CLEC, or Local Services ordered or utilized


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


 

by CLEC in which Connectivity Charges apply pursuant to this Agreement. Each Connectivity Bill shall set forth the quantity and description of each such Element, Combination, or Local Service provided and billed to CLEC. All Connectivity Charges billed to CLEC must indicate the state from which such charges were incurred.


 3.3 NEVADA shall provide CLEC monthly Connectivity Bills that include all Connectivity Charges incurred by and credits and/or adjustments due to CLEC for those Elements or Combination thereof, ordered, established, utilized, discontinued or performed pursuant to this Agreement. Each Connectivity Bill provided by NEVADA to CLEC shall include: (1) all non- usage sensitive charges incurred for the period beginning with the day after the current bill date and extending to, and including, the next bill date, (2) any known unbilled non-usage sensitive charges for prior periods, (3) unbilled usage sensitive charges for the period beginning with the last bill date and extending up to, but not including, the current bill date, (4) any known unbilled usage sensitive charges for prior periods, and (5) any known unbilled adjustments.

 3.4 The Bill Date, as defined herein, must be present on each bill transmitted by NEVADA to CLEC.

 3.5 Subject to Section 3.5.3, 3.5.4 and 3.5.5, NEVADA shall not provide any Connectivity Bills to CLEC having a Bill Date any later than the following dates:

 3.5.1. Ninety (90) days following the recording date for all resale usage and LSNE usage, except for calls requiring data exchange with third party carriers, e.g., intraLATA O+ calls made within another state, which calls are subject to Section 3.5.2.

 3.5.2. One hundred and twenty (120) days following the recording date for calls requiring data exchange with third-party carriers.

 3.5.3. For all other Network Elements, Combinations and all Non-Usage resale or LSNE charges, two alternative time limits shall apply:

 (a)six (6)months from the date the charges were incurred (this time limit applies for the first year of the Agreement); and

 (b)one hundred twenty (120) days from the date the charges were incurred (this time limit applies beginning with the second year of the Agreement).


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NEVADA/LIBERTY TELECOM LLC


 3.5.4 The time limits set forth in Sections 3.5.1 and 3.5.2 are effective immediately. The time limit set forth in Section 3.5.3 will be effective six (6) months following the effective date of the Agreement.

 3.5.5 If any billing error is identified, quantified and communicated in writing by NEVADA to CLEC within the time periods set forth in Sections 3.5.3 above after Connectivity Charges are incurred, NEVADA will have a maximum of ninety (90) additional days after the otherwise applicable date under Section 3.5.3 to render correct Connectivity Bills therefor.

 3.5.6. No payment shall be due from CLEC for any Connectivity Bill received by CLEC from NEVADA that fails to meet the timeliness requirements of Sections 3.5.1 through 3.5.5 of this Attachment, provided that CLEC continues to participate in the Pre-Bill Certification Procedures described in Appendix A to this Attachment.

 3.5.7 On each bill where “Jurisdiction” is identified, local and local toll charges shall be identified as “Local” and not as interstate, interstate/interLATA, intrastate, or intrastate/intraLATA.

 3.6. NEVADA shall bill CLEC for each Element, Combination thereof, or Local Service, supplied by NEVADA to CLEC pursuant to this Agreement at the rates set forth in Attachment 8. NEVADA will bill CLEC based on the actual Connectivity Charges incurred, provided, however, for those usage- based Connectivity Charges where actual charge information is not determinable by NEVADA because the jurisdiction (i.e., interstate, interstate/interLATA, intrastate, intrastate/intraLATA, local) of the traffic is unidentifiable, the Parties will jointly develop a process to determine the appropriate charges.

 3.7. 

Each Party shall be responsible for all costs and expenses it incurs in complying with its obligations under this Attachment. CLEC will be responsible for the development, modification, technical installation and maintenance of any CLEC systems or other CLEC infrastructure which CLEC requires to comply with and to continue complying with its responsibilities and obligations under this Agreement. NEVADA shall be responsible for any development, modification, technical installation and maintenance of any NEVADA systems or NEVADA infrastructure which NEVADA requires to comply with and to continue complying with this Agreement, subject to the Act, regulations thereunder and relevant FCC or Commission decisions. Each Party shall provide the other Party at no additional charge a contact person for the handling of any Connectivity


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


 

Billing questions or problems that may arise during the implementation and performance of the terms and conditions of this Attachment.


4. Meet Point Billing

 4.1. CLEC and NEVADA will establish meet-point billing (“MPB”) arrangements for jointly provided switched access to an IEC, in accordance with the Meet Point Billing guidelines adopted by and contained in the OBF’s MECAB and MECOD documents, except as modified herein. Both Parties will use their best reasonable efforts, individually and collectively, to maintain provisions in their respective federal and state access tariffs, and provisions within the National Exchange Carrier Association (NECA) Tariff No. 4, or any successor tariff to reflect the MPB arrangements identified in this Agreement, in MECAB and in MECOD.

 4.2. CLEC and NEVADA will implement the “Multiple Bill/Single Tariff” option or a mutually agreed upon billing arrangement in order to bill any Interexchange Carrier (IEC) for that portion of the network elements provided by CLEC or NEVADA. For all traffic carried over the MPB arrangement, CLEC and NEVADA shall each bill the IEC for its own portion of the applicable elements.

 4.3. Each Party shall provide the billing name, billing address, and Carrier Identification Code (CIC) of the lECs that may utilize any portion of CLEC’s network in a CLEC/NEVADA MPB arrangement in order to comply with the MPB Notification process as outlined in the MECAB document. Each Party will be entitled to reject a record that does not contain a CIC code. Such information shall be provided by each Party to the other Party in the format and via the medium that the Parties agree to.

 4.4. The Parties agree to comply with the currently effective MECAB guidelines as mutually adopted by the Parties.

 4.5. The Parties further agree that in those MPB situations where one Party subtends the other Party’s access tandem, the Party providing the access tandem is only entitled to bill the access tandem fee and any associated local transport charges. The Parties also agree that the Party who provides the end office switching is entitled to bill end office switching fees, local transport charges, RIC and CCL charges, as appropriate, and such other applicable charges.

 4.6. 

NEVADA and CLEC will record and transmit MPB information in accordance with the standards and in the format set forth in this Attachment. NEVADA and CLEC will coordinate and exchange the Billing


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


 

Account Reference (BAR) and Billing Account Cross Reference (BACR) numbers for the MPB arrangements described in this Agreement. Each Party will notify the other if the level of billing or other BAR/BACR elements change, resulting in a new BAR/BACR number.


 4.7. The secondary billing company will provide to the initial billing company any necessary AMA records (in standard EMR format) within fourteen (14) days of the recording date. The Initial billing company will provide the secondary billing company the necessary summary records with fourteen (14) days of the initial company’s bill date.

 4.8. If MPB data is not submitted by either Party within the period set forth in Section 4.7, or is not in the proper format as set forth in this Agreement, and if as a result the other Party is delayed in billing the IEC for the appropriate charges it incurs, the delaying Party shall pay the other Party a late MPB data delivery charge which will be the total amount of the delayed charges times the highest interest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the date the MPB charges should have been received to and including the date the MPB charge information is actually received.

 4.9. Failure of secondary billing company to provide the necessary AMA records (in standard EMR format) within sixty (60) days of the recording date, or of the initial billing company to provide the necessary summary records within sixty (60) days of the initial billing company’s bill date, will result in the Party failing to deliver the data to be liable to the other Party for any charges the other Party is unable to bill the IEC.

 4.10. Errors in MPB data exchanged by the Parties may be discovered by CLEC, NEVADA or the billable IEC. Both CLEC and NEVADA agree to provide the other Party with notification of any discovered errors within ten (10) business days of the discovery. The other Party shall correct the error within twenty (20) business days of notification and resubmit the data. In the event the errors cannot be corrected within the time period specified above, the erroneous data shall be considered lost. If either Party fails to provide MPB data due to loss, uncorrectable errors or otherwise, the Parties shall follow the procedures set forth in Attachment 14, Section 6, for compensation of lost, damaged or destroyed Recorded Usage Data and compensate the other for the lost MPB billing data.

 4.11. Both Parties will provide the other a Single Point of Contact to handle any MPB questions.


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NEVADA/LIBERTY TELECOM LLC


5. Collocation

When CLEC collocates with NEVADA in LEC’s facility as described in this Agreement, capital expenditures (e.g costs associated with building the “cage”), shall not be included in the Connectivity Bill provided to CLEC pursuant to this Attachment. All such capital expenses shall be billed through FABS, identified as capital expense charges and given a unique and consistent BAN. All invoices for capital expenses shall be sent to the location specified by CLEC for payment. Ail other non-capital recurring collocation expenses shall be billed to CLEC in accordance with this Agreement. The CABS Billing Output Specifications (BOS) documents provide the guidelines on how to bill the Connectivity Charges associated with collocation. The bill label for those collocation charges shall be entitled “Expanded Interconnection Service.”


6. Mutual Compensation

The Parties shall bill each other call termination charges for local exchange traffic, using a CABS like format, in accordance with the standards set forth in this Agreement for traffic terminated to the other Party’s customer, where both such customers bear NPA-NXX designations associated with the same LATA or other authorized area (e.g extended area service zones in adjacent local calling areas). Where required, such traffic shall be recorded and transmitted to CLEC in accordance with this Attachment. Further, the traffic exchanged pursuant to this Attachment shall be measured in billing minutes of use and shall be in actual conversation seconds. The total conversation seconds per chargeable traffic type will be totaled for the entire monthly billing cycle and then rounded to the next whole conversation minute. Reciprocal compensation for the termination of this traffic shall be charged at rates specified in Attachment 18 to this Agreement.


7. Issuance of Connectivity Bills - General

 7.1. NEVADA and CLEC will issue all Connectivity Bills in accordance with the terms and conditions set forth in this Section.

 7.2. NEVADA and CLEC will establish monthly billing dates (Bill Date) for each Billing Account Number (BAN) or Billed Telephone Number (BTN) (collectively referred to as “Account Number”), as further defined in the CABS documents, which Bill Date shall be the same day month to month. Each Account Number shall remain constant from month to month, unless changed as agreed to by the Parties. Each Party shall provide the other Party at least thirty (30) calendar days written notice prior to changing, adding or deleting an Account Number. The Parties will provide one Connectivity Billing invoice associated with each Account Number.


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NEVADA/LIBERTY TELECOM LLC


 7.3. All Connectivity Bills must be received by the other Party no later than ten (10) calendar days from Bill Date and at least twenty (20) calendar days prior to the payment due date (as described in this Attachment), whichever is earlier. Any Connectivity Bill received on a Saturday, Sunday or a day designated as a holiday by the Chase Manhattan Bank of New York (or such other bank as CLEC shall specify) will be deemed received the next business day. If either Party fails to receive Connectivity Billing data and information within the time period specified above, the payment due date will be extended by the number of days the Connectivity Bill is late.

 7.4. NEVADA and CLEC shall issue all Connectivity Bills containing such billing data and information in accordance with OBF standards, except that if the Parties enter into a meet-point billing arrangement, such Connectivity Billing data and information shall also conform to the standards set forth in the MECAB document, or such later versions as are adopted by OBF, or its successor. To the extent that there are no OBF or MECAB standards governing the formatting of certain data, such data shall be issued in the format mutually agreed by the Parties.

 7.5. Each Party will provide the other Party written notice of which Connectivity Bills are to be deemed the official bills to assist the Parties in resolving any conflicts that may arise between the official bills and other bills received via a different media which purportedly contain the same charges as are on the official bill. If either Party requests an additional copy(ies) of a bill, such Party shall pay the other Party a reasonable fee per additional bill copy as set forth in applicable tariffs or as mutually agreed, unless such copy was requested due to errors, omissions, or corrections or the failure of the transmission to comply with the specifications set forth in this Agreement.

 7.6. To avoid transmission failures or the receipt of Connectivity Billing information that cannot be processed, the Parties shall provide each other with their respective process specifications and edit requirements. CLEC shall comply with NEVADA’s processing specifications when CLEC transmits Connectivity Billing data to NEVADA. NEVADA shall comply with CLEC’s processing specifications when NEVADA transmits Connectivity Billing data to CLEC. CLEC and NEVADA shall provide each other reasonable notice if a Connectivity Billing transmission is received that does not meet such Party’s specifications or that such Party cannot process. Such transmission shall be corrected and resubmitted to the other Party, at the resubmitting Party’s sole expense, in a form that can be processed. The payment due date for such resubmitted transmissions will be twenty (20) days from the date that the transmission is received in a form that can be processed and that meets the specifications set forth in this Attachment.


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


8. Electronic Transmissions

 8.1. NEVADA and CLEC agree that upon request and on a mutually agreed to date, each Party will transmit Connectivity Billing information and data in the CABS format electronically via Connect:Direct (formerly known as Network Data Mover) to the other Party at the location specified by such Party. The Parties agree that a T1.5 or 56kb circuit to Gateway for Connect:Direct is required. CLEC data centers will be responsible for originating the calls for data transmission via switched 56kb or T1.5 lines. If NEVADA has an established Connect:Direct link with CLEC, that link can be used for data transmission if the location and applications are the same for the existing link. Otherwise, a new link for data transmission must be established. NEVADA must provide CLEC its Connect:Direct Node ID and corresponding VTAM APPL ID before the first transmission of data via Connect:Direct. CLEC’s Connect:Direct Node ID and VTAM APPL ID must be provided to NEVADA and included in NEVADA’s Connect:Direct software. CLEC will supply to NEVADA its RACF ID and password before the first transmission of data via Connect: Direct. Any changes to either Party’s Connect:Direct Node ID must be sent to the other Party no later than twenty-one (21) calendar days before the changes take effect.

 8.2. The Connectivity Billing information and data will be sent using the current OBF format implemented by mutual agreement of both Parties.

9. Tape or Paper Transmissions

 9.1. In the event either Party does not have Connect:Direct capabilities upon the effective date of this Agreement, such Party agrees to establish Connect:Direct transmission capabilities with the other Party within the time period mutually agreed and at the establishing Party’s expense. Until such time, the Parties will transmit billing information to each other via magnetic tape or paper (as agreed to by CLEC and NEVADA). Connectivity billing information and data contained on magnetic tapes or paper for payment shall be sent to the Parties at the following locations. The Parties acknowledge that all tapes transmitted to the other Party via U.S. Mail or Overnight Delivery and which contain Connectivity Billing data will not be returned to the sending Party.

To CLEC:


Test Tapes, Cassettes and Diskettes  

David S. Trandal, Manager

Liberty Telecom LLC

316 California Street, Suite 149

Reno, NV 89509


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


Production Tapes and Cassettes via Overnight Delivery and U.S. Mail  

David S. Trandal, Manager

Liberty Telecom LLC

316 California Street, Suite 149

Reno, NV 89509

Production, Diskettes & Paper Bills and Paper EAS/AS Bills via U.S. Mail  

David S. Trandal, Manager

Liberty Telecom LLC

316 California Street, Suite 149

Reno, NV 89509

Production Diskettes & Paper Bills and Paper EAS/AS Bills via Overnight Delivery Service  

David S. Trandal, Manager

Liberty Telecom LLC

316 California Street, Suite 149

Reno, NV 89509


To NEVADA:


Tape Transmissions:

  

To be specified by Nevada Bell when it elects tape transmission.

Attn:

Paper Transmissions:

  

Nevada Bell

Account Manager

370 3rd St., Rm 716

San Francisco, CA 94107


 9.2. Each Party will adhere to the tape packaging requirements set forth in this subsection. Where magnetic tape shipping containers are transported in freight compartments, adequate magnetic field protection shall be provided by keeping a typical 6-inch distance from any magnetic field generating device (except a magnetron-tape device). The Parties agree that they will only use those shipping containers that contain internal insulation to prevent damage. Each Party will clearly mark on the outside of each shipping container its name, contact and return address. Each Party further agrees that it will not ship any Connectivity Billing tapes in tape canisters.

 9.3. All billing data transmitted via tape must be provided on a cartridge (cassette) tape and must be of high quality, conform to the Parties’ record and label standards, 9-track, odd parity, 6250 BPI, group coded recording mode and extended binary-coded decimal interchange code (“EBCDIC”). Each reel of tape must be 100% tested at 20% or better “clipping” level with full width certification and permanent error free at final inspection. CLEC reserves the right to destroy a tape that has been determined to have unrecoverable errors. CLEC also reserves the right to replace a tape with one of equal or better quality.


ATTACHMENT 13 CONNECTIVITY BILLING AND RECORDING - NV

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NEVADA/LIBERTY TELECOM LLC


 9.4. Billing data tapes shall have the following record and label standards. The dataset serial number on the first header record of an IBM standard tape label also shall have the following format.

  CABS BOS

Record Length

Blocking Factor

Block size

Labels

 

225 bytes (fixed length)

84 records per block

18,900 bytes per block

Standard IBM Operating

System


 9.5. A single 6-digit serial number must appear on the external (flat) surface of the tape for visual identification. This number shall also appear in the “dataset serial number field” of the first header record of the IBM standard tape label. This serial number shall consist of the character “V” followed by the reporting location’s four-digit Originating Company Code and a numeric character chosen by the sending company. The external and internal label shall be the same. The dataset name shall appear on the flat side of the reel and also in the “data set name field” on the first header record of the IBM standard tape label. NEVADA’S name, address, and contact shall appear on the flat side of the cartridge or reel.

 9.6. All labeling of tapes shall comply with OBF standards.

10. Testing Requirements

 10.1. At least thirty (30) days prior to any billing system change there will be a thirty (30) day test period to ensure that bills can be processed by the Parties.

 10.2. 

For CLEC, NEVADA will send CLEC a mechanized Connectivity Bill for the first time via electronic transmission, or tape, or at least thirty (30) days prior to changing mechanized formats , (i.e., changes as implemented by Pacific Bell pursuant to the CLEC/Pacific Bell Interconnection Agreement and as may be modified from time to time), NEVADA shall send to CLEC Connectivity Bill data in the appropriate mechanized format for testing to ensure that the bills can be processed and that the bills comply with the requirements of this Attachment. NEVADA shall also provide to CLEC’s Company Manager, located at 500 North Point Parkway, FLOC B1104B, Alpharetta, Georgia 30005, NEVADA’s originating or state level company code so that it may be added to CLEC’s internal tables at least thirty (30) calendar days prior to testing or a change in the NEVADA’s originating or state level company code. CLEC will notify NEVADA within the time period agreed to by the Parties if Connectivity Billing transmission fails to meet CLEC’s testing


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NEVADA/LIBERTY TELECOM LLC


 

specifications. NEVADA shall make the necessary corrections within the time period agreed to with CLEC to ensure that billing transmissions meet CLEC’s testing specifications. NEVADA shall not send CLEC a mechanized Connectivity Bill (except for testing) until such bills meet CLEC’s testing specifications. If NEVADA meets CLEC’s testing specifications, NEVADA may begin sending CLEC mechanized Connectivity Bills on the next Bill Date, or within ten (10) days, whichever is later.


 10.3. During the testing period, NEVADA shall transmit to CLEC Connectivity Billing data and information via paper transmission. Test tapes shall be sent to CLEC at the following location

Test Tapes  

David S. Trandal, Manager

Liberty Telecom LLC

316 California Street, Suite 149

Reno, NV 89509


11. Bill Accuracy Certification

The Parties agree that in order to ensure the proper performance and integrity of the entire Connectivity Billing process, the sending Party is responsible and accountable for transmitting to the receiving Party an accurate and current bill. NEVADA agrees to implement control mechanisms and procedures to render a bill that accurately reflects the Network Elements, Combination and Local Services ordered and used by CLEC. These processes and methodology will be set forth in a Pre-Bill Certification Operating Agreement and will be attached to this Attachment 13 as Appendix A.


12. Additional Requirements

NEVADA agrees that if it transmits data to CLEC in a mechanized format, NEVADA will also comply with the following specifications which are not contained in OBF guidelines but which are necessary for CLEC to process Connectivity Billing information and data:


 The BAN shall not contain embedded spaces or low values.

 The Bill Date shall not contain spaces or non-numeric values.

 Each Connectivity Bill must contain at least one detail record.

 Any “From” Date should be less than the associated “Thru” Date and neither date can contain spaces.

 The Invoice Number must not have embedded spaces or low values.


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NEVADA/LIBERTY TELECOM LLC


13. Payment Of Charges

 13.1. For mechanized bills subject to the terms of this Agreement, CLEC and NEVADA will pay each other within thirty (30) calendar days from the Bill Date, or twenty (20) calendar days from the receipt of the bill, whichever is later. For bills rendered by NEVADA to CLEC in a non-mechanized format or a mechanized format other than agreed to by the Parties, CLEC will pay NEVADA within sixty (60) calendar days from the Bill Date, or fifty (50) calendar days from the receipt of the bill, whichever is later. If the payment due date is a Sunday or is a Monday that has been designated a bank holiday by the Chase Manhattan Bank of New York (or such other bank as CLEC specifies), payment will be made the next business day. If the payment due date is a Saturday or is on a Tuesday, Wednesday, Thursday or Friday that has been designated a bank holiday by the Chase Manhattan Bank of New York (or such other bank as CLEC specifies), payment will be made on the preceding business day.

 13.2. Payments shall be made in U.S. Dollars via Electronic Funds Transfer (EFT) to the other Party’s bank account. At least thirty (30) days prior to the first transmission of Connectivity Billing data and information for payment, NEVADA and CLEC shall provide each other the name and address of its bank, its account and routing number and to whom Connectivity Billing payments should be made payable. If such banking information changes, each Party shall provide the other Party at least sixty (60) days written notice of the change and such notice shall include the new banking information. CLEC will provide NEVADA with one address to which such payments shall be rendered and NEVADA will provide to CLEC with only one address to which such payments shall be rendered. In the event CLEC receives multiple Connectivity Bills from NEVADA which are payable on the same date, CLEC may remit one payment for the sum of all Connectivity Bills payable to NEVADA’s bank account specified in this subsection. Each Party shall provide the other Party with a contact person for the handling of Connectivity Billing payment questions or problems.

14. Billing Disputes

Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Bill Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. Bill closure procedures agreed to by the Parties will be set forth in the Pre-bill Certification Operating Agreement, to be attached to this Attachment as Exhibit A. Closure of a specific billing period will


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NEVADA/LIBERTY TELECOM LLC


occur by joint agreement of the Parties whereby the Parties agree that such billing period is closed to any future analysis and financial transactions, except those resulting from an Audit as described in Section 10 of the General Section of this Agreement. Closure will take place within three (3) months of the close of the applicable billing period. The month being closed represents those Connectivity Charges that were billed or should have been billed by the respective Bill Date. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin:


 14.1. If the dispute is not resolved within sixty (60) days of the Bill Date, the dispute will be escalated to the manager for each of the respective Parties for resolution.

 14.2. If the dispute is not resolved within ninety (90) days of the Bill Date, the dispute will be escalated to the Director for each of the respective Parties for resolution.

 14.3. If the dispute is not resolved within one hundred and twenty (120) days of the Bill Date, the dispute will be escalated to the Vice President level for each of the respective Parties for resolution.

 14.4. If the dispute is not resolved within one hundred and fifty (150) days of the Bill Date, the dispute will be resolved in accordance with the alternative dispute resolution procedures set forth in Attachment 3.

 14.5. If a Party disputes a Connectivity Charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes Connectivity Charges and the dispute is resolved in favor of such Party, the other Party shall credit the Connectivity Bill of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Bill Date after the resolution of the dispute. Accordingly, if a Party disputes Connectivity Charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second bill payment due date after the resolution of the dispute. In no event, however, shall any late payment charges be assessed on any previously assessed late payment charges.

15. Late Payment Charges

If either Party fails to remit payment for any Connectivity Charges described in this Attachment by the payment due date, or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment


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or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment penalty shall be assessed. The late payment charge shall be calculated based on the applicable tariffs of the billing Party, and the portion of the payment not received by the payment date times the highest interest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment date to and including the date that payment is actually made. In no event, however, shall interest be assessed on any previously assessed late payment charges.


16. Adjustments

 16.1 Subject to the terms of this Attachment, NEVADA will debit or credit CLEC for incorrect Connectivity Billing charges; overcharges; Local Services Elements, or any Combination thereof, ordered or requested but not delivered; interrupted Local Services associated with any Element, or combination thereof; ordered or requested Local Services, Elements, or Combination thereof, of poor quality; and installation problems if caused by NEVADA, adjustments will be administered per the applicable tariff or by mutual agreement. Such reimbursements shall be identified as an adjustment on the Connectivity Bill.

 16.2. Subject to the terms of this Attachment, CLEC will debit or credit NEVADA for incorrect charges; overcharges; under charges for mutual compensation as required or permitted by the applicable tariff or by mutual agreement. Such reimbursements shall be identified as such on the Bill.

17. Recording Of Call Information

17.1. The Parties agree to record call information in accordance with this subsection. These records shall be provided at a Party’s request and shall be formatted pursuant to Bellcore standards if such standards exist, and otherwise as agreed by the Parties. These records shall be transmitted to the other Party daily in EMR format via Connect: Direct, provided however that if CLEC and NEVADA do not have Connect: Direct capabilities, such records shall be transmitted as the Parties agree. NEVADA and CLEC agree that they will retain, at each Party’s sole expense, copies of all AMA records transmitted to the other party at least seven (7) calendar days after transmission to the other Party.

17.2 

NEVADA shall provide to CLEC the Switched Access Detail Usage Data (Category 11-01-xx records) via Connect:Direct on a daily basis within fourteen (14) days of the last day of the billing period. The data will be in


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a separate dataset from the usage records associated with the CLEC Resale access lines. File name and attributes will be specified by CLEC.


 17.3. CLEC shall provide to NEVADA the Summary Usage Data (Category 11-50-xx records) via Connect:Direct on a daily basis within fourteen (14) days of the last day of the billing period. The data will be in a separate dataset from the usage records associated with the CLEC Resale access lines. File name and attributes will be specified by NEVADA.

18. No Netting of Amounts Due

The Parties agree that there shall be no netting of amounts due under this Agreement with any other amounts due related to any other services provided under separate agreements. Further, Resale bills, Access bills, and bills for Unbundled Network Elements will be provided as separate bills with separate amounts due that shall not be netted.


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ATTACHMENT 13


Appendix A


Pre-Bill Certification Operating Agreement to be provided when executed by the Parties


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ATTACHMENT 14


PROVISION OF CUSTOMER USAGE DATA


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PROVISION OF CUSTOMER USAGE DATA


1. Introduction

This Attachment sets forth the terms and conditions for NEVADA’s provision of recorded usage data to CLEC. NEVADA will record and provide to CLEC unrated usage data when CLEC purchases Unbundled Switching Elements or Local Service from NEVADA (“Recorded Usage Data”).


2. General Requirements for Recorded Usage Data

 2.1 NEVADA shall provide CLEC with Recorded Usage Data. NEVADA will conform to the format, generic contents, and transmission medium for providing Recorded Usage Data as specified in the Bellcore EMR standard (Bellcore Practice BR010-200-010), as modified in Appendix A to this Attachment 14, which shall be updated periodically by mutual agreement, in writing.

 2.2 NEVADA’s provision of Recorded Usage Data to CLEC shall be in accordance with the performance standards set forth in Attachment 17. NEVADA shall retain Recorded Usage Data in accordance with applicable law and regulation.

3. Usage Data Specifications

 3.1 Subject to Section 3.4, when CLEC purchases from NEVADA Local Service or LSNE, NEVADA will provide to CLEC all Recorded Usage Data relating to local call and IntraLATA toll calls originating from CLEC Customers (business and residence), including, but not limited to, the categories of information listed below. In addition, subject to Section 3.4, when CLEC purchases from NEVADA LSNE, NEVADA will provide to CLEC all available Recorded Usage Data relating to switched access calls terminating to CLEC Customers (business and residence), including, but not limited to, the categories of information listed below.

 3.1.1 Data to be supplied both for calls originating from CLEC customers (business and residence) and for switched access calls terminating to CLEC customers (business and residence):

 3.1.1.1. All available Call Attempts data

 3.1.1.2. Completed Calls


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 3.1.2 Data to be supplied for calls originating from CLEC customers (Business and Residence):

 3.1.2.1. Use of CLASS/LASS/Custom Features which are sold on any available pay- per- use basis

 3.1.2.2 Calls to directory assistance and calls completed by directory assistance where NEVADA provides such service to CLEC’s local service customer

 3.1.2.3 Calls completed via NEVADA-provided operator services where NEVADA provides such service to CLEC’s local service customer

 3.1.2.4 For NEVADA-provided CENTREX service, station level detail

 3.1.2.5 Data to be supplied for switched access calls terminating to CLEC customers

 3.1.2.6 Data identifying the CIC of the originating IEC; and

 3.1.2.7 Where available, data identifying the Calling Party Number.

 3.2 Records shall include complete call detail and complete timing information.

 3.3 NEVADA shall provide to CLEC Recorded Usage Data for CLEC’s customers only. NEVADA will not submit other carriers’ local usage data as part of the CLEC Recorded Usage Data. Error procedures set forth in Appendix I to this Attachment, Section IV, paragraph 1.1.4. shall apply to any data of other carriers sent in error to CLEC.

 3.4 Additional Provisions Regarding Call Detail

 3.4.1 Local Service

 3.4.1.1 

NEVADA represents that as of the effective date of this Agreement it does not record local usage for its own flat rate customers in the ordinary course of business. There are certain exceptions where special study or call detail analysis is performed, e.g., in cases where an incident of telephone harassment is under investigation. If NEVADA


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begins recording local usage for its own flat rate customers in the ordinary course of business at a future date, NEVADA will simultaneously begin such recording for CLEC resold flat rate customers, at no additional charge. If at a future date NEVADA begins recording local usage for its own flat rate customers served by a particular switch, NEVADA will simultaneously begin such recording for CLEC resold flat rate customers served by that switch, at no additional charge.


 3.4.1.2 If CLEC asks NEVADA to develop the capability to provide CLEC local usage data on resold flat local service, and NEVADA does not record local usage for its own flat rate customers in the ordinary course of business, NEVADA shall develop such capability consistent with Section 1.6 of Attachment 6. In such event, NEVADA shall be entitled to track and recover applicable development costs as set forth in Attachment 8.

 3.4.1.3 As of the effective date of this Agreement, in some NEVADA switches, the terminating number for measured local calls may not be recorded during periods of high volume usage. If and when the limitation described in this Section is removed, NEVADA will provide, in the appropriate field of the EMR, to CLEC at no additional cost, the terminating number for all measured local calls, including calls made during periods of high volume usage.

 3.4.2 LSNE

When CLEC purchases a LSNE from NEVADA, that LSNE as provided by NEVADA will include all the functions and capabilities of the switch and the software deployed at that time within the switch relating to recording of usage data, including the capability to record all local usage and the terminating number. The charge, if any, for the recording of usage data shall be included in the charge for the LSNE set forth in Attachment 8.


4. Recorded Usage Data Format

 4.1 NEVADA will provide Recorded Usage Data in the EMR format and by category, group and record type, as specified in the CLEC Usage Requirements document, dated November 1996 (“Data Requirements”), which is attached hereto and incorporated herein as Appendix I.


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 4.2 NEVADA shall include the Working Telephone Number (WTN) of the call originator on each EMR call record.

 4.3 End user customer usage records and station level detail records shall be in packs in accordance with EMR standards.

 4.4 NEVADA shall append the recording point identification or some other code that specifically identifies the central office switch that is mutually agreeable to both Parties to each EMR call record.

5. Recorded Usage Data Reporting Requirements

 5.1 NEVADA shall segregate and organize the Recorded Usage Data in a format mutually agreed to in writing by the Parties.

 5.2 NEVADA shall provide segregated Recorded Usage Data to multiple CLEC biller locations as mutually agreed by the Parties.

 5.3 NEVADA, at no cost to CLEC, shall transmit to CLEC Recorded Usage Data in Bellcore EMR format, as modified by Appendix I to this Attachment, via Connect:Direct. If CLEC requests Recorded Usage Data in a format customized for CLEC, NEVADA may charge CLEC pursuant to Attachment 8.

 5.4 CLEC will test and certify the Connect:Direct interface to ensure the accurate receipt of Recorded Usage Data. NEVADA shall make any changes necessary in the Connect:Direct interface to meet the requirements of this Attachment.

 5.5 NEVADA shall provide Recorded Usage Data to CLEC once a day Monday through Friday, excluding mutually designated holidays. NEVADA shall provide to CLEC the Recorded Usage Data for a Local Service within the time period specified in Attachment 17 to this Agreement.

 5.6 Each Party will establish a single point of contact to respond to CLEC call usage, data error, and record transmission inquiries from the other Party.

 5.7 The Recorded Usage Data EMR format, content, and transmission process will be tested by CLEC for compliance with industry standards.


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6. Recording Failures (Recording Failures applying CLEC and NEVADA)

 6.1 CLEC Recorded Usage Data determined to have been lost, damaged or destroyed as a result of an error or omission by NEVADA in its performance of the recording function or due to an aberrant switch overload of limited duration and frequency, shall, upon CLEC’s request, be recovered by NEVADA at no charge to CLEC, Upon discovery of such failures, NEVADA shall notify CLEC. In the event the data cannot be recovered by NEVADA, NEVADA shall estimate the messages and associated revenue, with assistance from CLEC, based upon the method described below. This method will be applied on a consistent basis, subject to modifications agreed to by NEVADA and CLEC. This estimate will be used by the Parties to determine any amounts owed to CLEC. NEVADA will provide this amount to CLEC via a check accompanied by a statement that clearly identifies the purpose of the check.

 6.1.1 Partial Loss - NEVADA shall review its daily controls to determine if data has been lost. When there has been a partial loss, actual message and minute volumes shall be reported, if possible. Where actual data are not available, a full day shall be estimated for the recording entity, as outlined in Section 6.1.3 following. The amount of the partial loss is then determined by subtracting the data actually recorded for such day from the estimated total for such day.

 6.1.2 Complete Loss - Estimated message and minute volumes for each loss consisting of an entire AMA tape or entire data volume due to its loss prior to or during processing, loss after receipt, degaussed before processing, receipt of a blank or unreadable tape, or lost for other causes, shall be reported.

 6.1.3 Estimated Volumes - From message and minute volume reports for the entity experiencing the loss, NEVADA shall secure message and minute counts for the four corresponding days of the prior week in which the loss occurred and compute an average of these volumes.

 6.1.4 Net Loss Calculation - The amount due to CLEC will be calculated based on the Average Revenue Per Minute (ARPM) minus the Average Charge Per Minute (ACPM) that CLEC would have paid to NEVADA, times the estimated lost minutes. The Parties shall agree upon the appropriate ARPM and ACPM to apply.


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Exceptions:


 6.1.4.1 If the day of loss is not a holiday but one (1) (or more) of the preceding corresponding days is a holiday, use additional preceding weeks in order to procure volumes for two (2) non-holidays in the previous two (2) weeks that correspond to the day of the week that is the day of the loss.

 6.1.4.2 If the loss occurs on a weekday that is a holiday (except Christmas), NEVADA shall use volumes from the two (2) preceding Sundays.

 6.1.4.3 If the loss occurs on Mother’s Day, Christmas or the Monday after Thanksgiving, NEVADA shall use volumes from that day in the preceding year.

 6.2 CLEC may also request data be provided that has previously been successfully provided by NEVADA to CLEC, provided the request is received within forty-five (45) days of original processing. NEVADA reserves the right to bill CLEC for its direct costs of providing such data if CLEC makes such a request more than forty-five (45) days after original processing.

7. Clearinghouse Procedures

The Parties acknowledge that calls will be placed using the local service of one Party that will be billable to the customer for local service of another Party. In order to ensure that these calls are properly accounted for and billed to the appropriate customer, the Parties have established clearinghouse procedures to accomplish these objectives in separate agreements entitled Data Exchange Agreement for the distribution of IntraLATA Message Detail and/or the Settlement of IntraLATA Message Revenue The Parties intend to use best efforts to sign that Agreement within six (6) months after the Effective Date of this Agreement.


 7.1 CLEC may identify a CMDS host for transmitting and receiving in-collect and out-collect local and intraLATA messages.

 7.2 In the event CLEC fails to designate a CMDS host, NEVADA agrees on an interim basis, if requested by CLEC, to serve as CLEC’s CMDS host for out-collect billing subject to the rates, terms and conditions as mutually agreed by the Parties.


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APPENDIX I


TO


ATTACHMENT 14


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CLEC USAGE REQUIREMENTS


November 1996


TABLE OF CONTENTS


SECTION 1 - SCOPE


1. General

 1.1 Usage Summary

 1.2 Attachment Content

SECTION II - NEVADA USAGE TO BE PROVISIONED TO CLEC


1. General

 1.1 Usage to be Transferred to CLEC

 1.1.1 CLEC Usage to be Transferred

 1.2 CLEC Usage

SECTION III - NEVADA TO CLEC USAGE FEED


1. General

 1.1 Detailed EMR Record Edits

 1.2 Duplicate Record Checks

 1.3 NEVADA to CLEC Usage Feed


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 1.3.1 Usage Date Transport Requirements

 1.3.2 Physical Characteristics

 1.3.3 Data Delivery Schedules

 1.3.4 Resending Data

 1.3.5 Pack Rejection

 1.3.6 Held Packs and Messages

 1.3.7 Data Content Requirements

 1.3.8 Packing Requirements

 1.3.9 Dataset Naming Convention

 1.3.10 Control Reports

 1.4 Message Validation Reports

 1.4.1 Message Validation Pack Reject Report (A7287)

 1.4.2 Message Validation Pack Accepted Report (A7288)

 1.4.3 Message Validation Detail Error Report (A7289)


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SECTION IV - CLEC PROCESSING REQUIREMENTS


1. General

 1.1 CLEC Rating Process

 1.1.1 Message Rating

 1.1.2 Application of Taxes/Fees/Surcharges

 1.1.3 Duplicate Messages

 1.1.4 Record Edits

 1.1.4.1 CLEC Record Edits

 1.1.4.2 NEVADA Record Edits

 1.1.5 CLEC to NEVADA Message Returns

SECTION V - TEST PLANS AND ACTIVITIES


1. General

 1.1 Interface Testing

 1.2 Operational Test

 1.3 Test File Transport


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SECTION VI - POST DEPLOYMENT ACTIVITIES


1. General

 1.1 Control Maintenance and Review

 1.1.1 Periodic Review

 1.1.2 Retention of Records

 1.2 NEVADA Software Changes

 1.3 Requested Changes

 1.4 CLEC Software Changes

 1.5 Post Conversion Test Plan

 1.5.1 NEVADA System Change Description

 1.5.2 Change Negotiations

 1.5.3 Control Change Analysis

 1.5.4 Verification of Changes

 1.5.5 Introduction of Changes


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SECTION VII - APPENDICES


Summary of Appendices


APPENDIX A


PHYSICAL CHARACTERISTICS OF DATA TAPES/CARTRIDGES


APPENDIX B


SPECIAL FEATURES STAR SERVICES/PAY-PER-USE FEATURES


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SECTION I


SCOPE


1. General

This Attachment addresses the transmission by NEVADA of CLEC usage to CLEC.


 1.1 Usage Summary

Messages will be transmitted, via a direct feed, to CLEC in standard EMR format.


The following is a list of EMR records that CLEC can expect to receive from NEVADA:


 Header Record 20-21-01

 Trailer Record 20-21-02

 Detail Records* 01-01-01, 16, 18,     ,80, 81,

 10-01-01, 16 (when available and as mutually agreed), 18, 31, 32, 35, 37,80,81

 Credit Records 03-01-XX

 Rated Credits 41-01-XX

* Category 01 is utilized for Rated Messages; Category 10 is utilized for Unrated Messages

NEVADA will provide the above list of detail records as part of its resale offering. NEVADA shall make available to CLEC additional detail records as additional products are added to NEVADA’S resale offer.


Using the above list as a model, the Parties shall identify by mutual agreement what detail records shall be provided by NEVADA to CLEC in connection with the provision of unbundled elements.


Additional detail records provided by NEVADA to CLEC in the future, whether as part of NEVADA’S resale offering or in connection with the provision of unbundled elements, may have identification numbers different from those listed above.


In addition, NEVADA shall provide a 10-01-18 Specialized Service record to support the Special Features Star Services/Pay- Per- Use Features if these features are part of NEVADA’s offering.


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For detailed information regarding EMR, refer to the current version of the Bellcore Practice BR010-200-010 Appendix. Also, for purposes of resale usage, see Appendix A of Section VII of Appendix I, “Physical Characteristics of Data Tapes/Cartridges.”


 1.2 Attachment Content

This Attachment describes baseline requirements for the transfer of NEVADA recorded, unrated usage to CLEC. Testing requirements and the reports needed to ensure data integrity are also included. Additional requirements and implementation details may be identified for conditions unique to NEVADA. Modifications and/or exceptions to this Attachment must be negotiated and mutually agreed upon by NEVADA and CLEC.


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SECTION II

RECORDED USAGE TO BE TRANSMITTED TO CLEC


1. General

This section addresses the types of usage to be transmitted by NEVADA to CLEC.


 1.1 Usage To Be Transferred To CLEC

 1.1.1 CLEC Usage To Be Transferred

The following messages recorded by NEVADA are to be transmitted to CLEC. NEVADA recorded usage is defined as:


  intraLATA - Local (including DA and Operator Services)

  intraLATA - Toll (including DA and Operator Services)

Note: Rated incollect messages should be transmitted via the direct feed and can be intermingled with the unrated messages. No special packing is needed.


NEVADA is working with Pacific Bell in the developing of a direct return feed. CLEC may return via direct return feed, once developed, any of the above mentioned messages that cannot be rated and/or billed by CLEC, for reasons specified in the returns process. Returned messages will be sent to NEVADA in EMR format. Standard EMR return codes will be utilized.


File transfer specifications are included within Section III.


 1.2 CLEC Usage

The Recorded Usage Data in a local resale environment includes all intraLATA toll and local usage. NEVADA will provide CLEC with unrated EMR records associated with all intraLATA toll and local usage which NEVADA records on CLEC’s behalf.


Any Category, Group and/or Record types approved in the future for NEVADA will be included if they fall within the definition of this local resale phase. NEVADA will give CLEC one hundred twenty (120) days’ advance notification of NEVADA’s intended implementation of additional Category, Group and/or Record types.


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NOTE: NEVADA messages will be packed using the packing criteria outlined in Appendix 1A, Section VII. NEVADA shall pack records for rated messages and non-rated messages in separate packages. Any request by CLEC for packing in a different arrangement (for example, using CLEC’s RAO) shall be separately negotiated by the Parties and shall be at a reasonable additional charge to CLEC.


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SECTION III

NEVADA TO CLEC USAGE FEED


1. General

This section contains the information required for NEVADA to transmit the usage defined in Section 2 of Appendix I to CLEC. This section specifically addresses the dataset requirements and processing.


 1.1 Detailed EMR Record Edits

CLEC will perform detailed record edits on the unrated and rated messages upon receipt from NEVADA. Messages that fail these edits may be returned to NEVADA with mutually agreed upon standard EMR return codes designated. If an excessive number of the records contain errors, CLEC may request re-transmission of data and NEVADA shall correct and re-transmit accurate data.


 1.2 Duplicate Record Checks

CLEC may perform record checks on the unrated and rated messages to validate that duplicate messages are not sent by NEVADA to CLEC, except where valid duplicate messages are applicable, e.g., ISDN bonded. NEVADA shall perform record checks to validate that duplicate messages are not sent to CLEC in accordance with CMDS standards.


 1.3 NEVADA To CLEC Usage Feed

 1.3.1 Usage Data Transport Requirements

NEVADA will provide the transport facility between the NEVADA location and the CLEC location. It is CLEC’s intent that usage data be transmitted via Connect:Direct whenever possible. In the event usage transfer cannot be accommodated by Connect:Direct because of extended (one business day or longer) facility outages, or if facilities do not exist, NEVADA will contract for a courier service to transport the data via tape.


NEVADA will provide CLEC with contacts, Remote Identifiers (IDs), and expected usage data volumes for each sending location.


CLEC will provide contacts responsible for:


  Receiving usage transmitted by NEVADA.

  Receiving usage tapes from a courier service in the event of a facility outage.


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 1.3.2 Physical Characteristics

In the event the electronic system for data transmission malfunctions, by mutual agreement NEVADA shall provide the data to CLEC on tape or cartridge by courier. Such data will have the physical characteristics indicated in Appendix A. CLEC’s intent is for variable block format (2,476 bytes) with a LRECL of 2472.


 1.3.3 Data Delivery Schedules

Data will be delivered to CLEC by NEVADA daily (Monday through Friday) or as negotiated. CLEC and/or NEVADA Data Center holidays are excluded. NEVADA and CLEC will exchange schedules of designated Data Center holidays.


 1.3.4 Resendinq Data

CLEC will notify NEVADA as promptly as possible upon discovery of resend requirements if a pack or entire dataset must be replaced due to pack rejection, damage in transit, dataset name failure, etc.


 1.3.5 Pack Rejection

Critical edit failure on the Pack Header or Pack Trailer records will result in pack rejection (e.g., detail record count not equal to grand total included in the pack trailer). Notification of pack rejection will be made by CLEC within one business day of processing. Rejected packs will be retransmitted to CLEC by NEVADA.


 1.3.6 Held Packs And Messages

CLEC and NEVADA will track pack number to control input based upon invoice sequencing criteria. NEVADA will be notified of sequence failures identified by CLEC and resend procedures are to be invoked.


 1.3.7 Data Content Requirements

EMR is the format to be used for usage data provided to CLEC.


 1.3.8 Packing Requirements

A pack shall contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. A file transmission contains a maximum of 99 packs. A dataset shall contain a minimum of one pack. NEVADA will provide CLEC one dataset per sending location with the agreed upon OCN populated in the Header and Trailer records.


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Within the Header and Trailer records, the FROM RAO identifies the location that will be sending usage to CLEC. NEVADA will populate the FROM RAO field with the unique numeric value identifying the location that is sending the data to CLEC. Also, Pack Header and Trailer will have the OCN appropriately populated.


The FROM RAO, OCN, and Remote Identifiers will be used by CLEC to control invoice sequencing and each will have its own invoice controls. The FROM RAO will also be used to determine where the message returns file, containing any misdirected and unguidable usage, will be sent.


The file’s Record Format (RECFM) will be Variable Block (VB) Size 2,476 and the Logical Record Length (LRECL) will be 2,472 bytes.


CLEC has no special sort requirements for the packs sent by NEVADA.


 1.3.9 Dataset Naming Convention

NEVADA will transmit the usage to CLEC using the following dataset naming conventions:


NODE 1BB03PXNN*


NODE 2.IBMUP


NODE 3 (To be determined during negotiations)


NODE 4.USAGE


NODE 5.GNNNNVNN* (Generational Dataset to be incremented by sender).


* The italicized “N” represents numeric fields determined during negotiations.

 1.3.10 Control Reports

CLEC will accept input data provided by NEVADA in EMR format in accordance with the requirements and specifications detailed in this section of the attachment. In order to ensure the overall integrity of the usage being transmitted from NEVADA to CLEC,


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data transfer control reports will be required. These reports shall be provided by CLEC to NEVADA on a daily or otherwise negotiated basis and reflect the results of the processing for each pack transmitted by NEVADA.


 1.4 MESSAGE VALIDATION REPORTS

CLEC will provide the following three daily (or otherwise negotiated) Message Validation reports to the designated NEVADA System Control Coordinator. These reports will be provided for all data received within NEVADA Local Resale Feed and will be transmitted Monday through Friday whether or not there have been any files transmitted.


 1.4.1 MESSAGE VALIDATION PACK REJECT REPORT (A7287)

This report provides information on packs rejected by CLEC. It lists the header and trailer record of each rejected pack and indicates the error codes and the associated error message which explains why the pack was rejected.


 1.4.2 MESSAGE VALIDATION PACK ACCEPTED REPORT (A7288)

This report provides vital statistics and control totals by Record ID, Type of Service, Message Counts and Record Counts, for all valid, rejected and dropped messages. The information is provided in the following report formats and control levels:


 1. NEVADA Total Messages

 2. NEVADA Total Records

 3. RAO Total Messages

 4. RAO Total Records

 5. Pack Total (Record Counts and Message Counts)

The first four report formats include percentages that indicate the relationship of the daily input volume by Record ID and Type of Record to the total input volume provided by an RAO and NEVADA.


 1.4.3 MESSAGE VALIDATION DETAIL ERROR REPORT (A7289)

An EMR detailed error report is generated for each pack/ invoice that is received and processed by CLEC. The report lists, in


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vertical format, the complete 175 byte EMR record that has failed to pass the initial edit criteria. It prints this detailed information only for the first five EMR records that share a common error condition. The error condition is flagged on the report by one of two possible error codes preceding the field value. The error codes are:


 (C) DENOTES CRITICAL ERRORS

 (I) DENOTES INFORMATION ERRORS

The last two pages of the report for a given pack/invoice provide the following control totals:


Total Errors for each Field


Total Records Received


Total Records Dropped


Total Records rejected to MIU


Pack Reject Rate


Total Default Count (represents the number of Files on all of the input records that had to be programmatically altered to meet the EMR standards and specifications.)


If the entire pack/invoice has been rejected because of a Critical Error Rate greater than 0.5%, the last page of the report will display such a statement enclosed in asterisks.


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SECTION IV

CLEC PROCESSING REQUIREMENTS


1. General

This section contains requirements for CLEC processing of Recorded Usage Data that has been transmitted to CLEC for billing.


 1.1 CLEC Rating Process

 1.1.1 Message Rating

CLEC will rate any individual messages (as defined in Section II), that have not already been rated by NEVADA (information provider messages will be rated by NEVADA), prior to transmitting the usage to a billing environment within CLEC.


 1.1.2 Application Of Taxes/Fees/Surcharges

CLEC will apply taxes, fees and surcharges as appropriate for the individual messages and/or customer accounts. The application of all taxes, fees and surcharges will be applied on all intraLATA local and toll usage received from NEVADA.


 1.1.3 Duplicate Messages

CLEC has existing duplicate checks as part of their message processing or billing functions. CLEC will perform these checks on the rated/unrated messages sent by NEVADA. CLEC will identify duplicate message disposition procedures and reports will be identified by CLEC during negotiations.


 1.1.4 Record Edits

 1.1.4.1 CLEC Record Edits

CLEC will perform detailed record edits on the rated and unrated messages prior to transmitting them to the billing environment. Rated & unrated records that do not pass CLEC edits will be returned to NEVADA within thirty (30) days of the file date.


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 1.1.4.2 NEVADA Record Edits

If NEVADA has existing detailed record edits for rated and unrated messages, NEVADA is to perform these edits.


Rated and unrated records that do not pass CLEC edits will be returned to NEVADA. NEVADA will attempt to perform error correction on all records requiring such action as agreed upon through the detailed negotiations process. If errors can not be corrected, NEVADA shall adjust settlements and billing accordingly.


NEVADA will investigate and correct the root cause for the errors.


 1.1.5 CLEC To NEVADA Message Returns

At the discretion of CLEC, messages that have been sent to CLEC by NEVADA that cannot be guided to an CLEC billed account or error in processing due to an error by NEVADA will be returned to NEVADA with the appropriate negotiated return codes.


 1.2 CLEC Specific Processing

Records that are accepted into CLEC’s system (i.e., after passing the initial edits) are converted into another format. CLEC does not retain all of the information contained on the original EMR, so only certain fields will be populated in the returned records that fail age edits or are misguided. CLEC will work with NEVADA to provide the necessary level of detail in order for NEVADA to process these records.


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SECTION V


TEST PLANS AND ACTIVITIES


1. GENERAL

This section defines the NEVADA and CLEC activities which are required prior to implementation. The tests and activities described are necessary to ensure a smooth, accurate and well-programmed conversion. Specific test dates will be identified through the negotiations process.


 1.1 INTERFACE TESTING

The purpose of this test is to ensure that the usage described in Section II can be sent by NEVADA to CLEC and can be accepted and processed by CLEC. NEVADA will provide a test file to CLEC’s designated Regional Processing Center (RPC) in the format that will be used for live day-to-day processing. The file will contain one full day’s production usage. The format of the file will conform to the requirements shown in Section III. CLEC will review the file and verify that it conforms to its data center requirements. CLEC will notify NEVADA in writing whether the format is acceptable. CLEC will also provide NEVADA with the agreed-upon control reports as part of this test.


 1.2 OPERATIONAL TEST

The purpose of this test is to ensure that volumes of usage in consecutive sequence can be extracted, distributed, and processed by NEVADA and CLEC.


NEVADA is required to provide CLEC with NEVADA recorded, unrated intraLATA local and toll usage (as defined in Section II) for a minimum of five (5) consecutive days. CLEC will provide NEVADA with the message validation reports associated with test usage.


CLEC will rate and process the unrated intraLATA toll and local usage. CLEC will process this data to test bills. CLEC may request that the test usage contain specific usage volumes and characteristics to ensure a complete test. Specific usage volumes and characteristics will be discussed during detailed negotiations.


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 1.3 TEST FILE TRANSPORT

Test data should be transported via CONNECT:Direct whenever possible. In the event that courier service must be used to transport test media, the physical tape characteristics to be used are described in Appendix A.


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SECTION VI


POST DEPLOYMENT ACTIVITIES


1. General

Requirements for ongoing maintenance of the usage feeds between CLEC and NEVADA are described in this section. Included are minimal requirements for day-to-day control of the regularly scheduled transfer of NEVADA unrated and rated usage data and procedures for introducing and verifying CLEC/NEVADA System Changes.


 1.1 Control Maintenance And Review

 1.1.1 Periodic Review

Control procedures for all usage transferred between NEVADA and CLEC will require periodic review. This review may be included as part of an annual audit of NEVADA by CLEC or as part of the normal production interface management function. Breakdowns which impact the flow of usage between NEVADA and CLEC must be identified and jointly resolved as they occur. The resolution may include changes to control procedures, as similar problems would be avoided in the future. Any changes to control procedures would need to be mutually agreed upon by CLEC and NEVADA.


 1.1.2 Retention Of Records

NEVADA shall maintain a machine readable back-up copy of the message detail provided to CLEC for a minimum of forty-five (45) calendar days. CLEC will maintain the message detail received from NEVADA for a minimum period of forty-five (45) calendar days. Designated CLEC personnel will provide these records to NEVADA or its authorized agents upon written request. NEVADA will also provide any data back to CLEC upon their written request.


 1.2 NEVADA Software Changes

When NEVADA plans to introduce any software changes which impact the format or content structure of the usage data feed to CLEC, designated NEVADA personnel shall notify CLEC of such changes within any time period specified by the FCC or Commission for that purpose, and in any event will use reasonable best efforts to notify CLEC no less than one hundred twenty (120) calendar days before such changes are implemented.


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NEVADA will communicate the projected changes to the appropriate groups in CLEC so that potential impacts on CLEC processing can be determined.


CLEC personnel will review the impact of the change on the entire control structure as described in Section 1.5.3, Post Conversion Test Plan. CLEC will negotiate any perceived problems with NEVADA and will arrange to have the data tested utilizing the modified software.


If it is necessary for NEVADA to request changes in the schedule, content or format of usage data transmitted to CLEC, NEVADA will notify CLEC.


 1.3 Requested Changes

If it is necessary for either Party to request changes in the schedule, content, or format of the usage data transmitted from NEVADA, the requesting Party will notify the other Party and the terms and conditions of the change shall be mutually agreed upon pursuant to the process set forth in Section 1.5.2.


When the negotiated changes are to be implemented, CLEC and/or NEVADA will arrange for testing of the modified data as described in Section 1.5, Post Conversion Test Plan.


 1.4 CLEC Software Changes

When CLEC plans to introduce any software changes which may impact the format or content structure of the usage data transmitted from NEVADA, CLEC will use reasonable best efforts to notify the designated NEVADA personnel, no less than one hundred twenty (120) calendar days before such changes are implemented.


The CLEC contact will communicate the projected changes to the appropriate groups in NEVADA so that potential impacts on NEVADA processing can be determined.


CLEC will negotiate any perceived problems with NEVADA and will arrange to have the data tested utilizing the modified software.


Altering the one hundred twenty (120) day window for introducing software changes can be negotiated by both companies, dependent upon the scope and impact of the change.


 1.5 Post-Conversion Test Plan

The test plan described below is designed to encompass all types of changes to the usage data transferred by NEVADA to CLEC and the methods of transmission for that data.


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 1.5.1 NEVADA System Change Description

For a NEVADA system change that would be reasonably likely to impact CLEC, NEVADA shall provide CLEC with an overall description of the change, stating the objective and a brief explanation of the reasons for the change.


During the initial negotiations regarding the change, NEVADA shall provide a list of the specific records and/or systems impacted by the change to designated CLEC personnel.


Finally, NEVADA shall also provide CLEC a detailed description of the changes to be implemented. It shall include sufficient detail for designated CLEC personnel to analyze and estimate the effects of the changes and to design tests to verify the accuracy of the implementation.


 1.5.2 Change Negotiations

NEVADA will notify CLEC in writing of all proposed change negotiations initiated by NEVADA. In turn, CLEC will notify NEVADA in writing of proposed change negotiations initiated by CLEC.


After formal notification of planned changes, whether originated by NEVADA or CLEC, negotiation meetings shall be scheduled between designated CLEC and NEVADA personnel. The first meeting should produce the overall change description (if not previously furnished) and the list of records and/or systems affected.


In subsequent meetings, the Parties shall jointly develop a detailed description of changes to be implemented and a detailed test procedure.


 1.5.3 Control Change Analysis

Based on the detailed description of the changes and review thereof by the Parties in negotiation meetings, designated CLEC personnel will:


 1.5.3.1 Determine the impact of the changes on the overall structure.

 1.5.3.2 Determine whether any single change has a potential control impact (i.e., High error rate on individual records that might result in pack rejection).


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 1.5.3.3 Determine whether any controls might be adversely affected.

 1.5.3.4 Arrange for appropriate control structure changes to meet any of the above conditions.

 1.5.4 Verification Of Changes

Based on the detailed description of changes and review thereof in negotiation meetings, designated CLEC personnel will:


 1.5.4.1 Determine the type of change(s) to be implemented.

 1.5.4.2 Develop a comprehensive test plan.

 1.5.4.3 Negotiate scheduling and transfer of modified data with NEVADA.

 1.5.4.4 Negotiate testing of modified data with the appropriate CLEC department

 1.5.4.5 Negotiate processing of verified data through the CLEC billing system with the appropriate department.

 1.5.4.6 Arrange for review and verification of testing with appropriate CLEC groups.

 1.5.4.7 Arrange for review of modified controls, if applicable.

 1.5.5 Introduction Of Changes

When all the testing requirements have been met and the results reviewed and accepted, designated CLEC personnel will:


 1.5.5.1 Negotiate an implementation schedule.

 1.5.5.2 Verify the existence of a contingency plan with the appropriate CLEC department.

 1.5.5.3 Arrange for the follow-up review of changes with appropriate CLEC personnel.

 1.5.5.4 Arrange for appropriate changes in control program, if applicable.


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 1.5.5.5 Arrange for long-term functional review of impact of changes on the CLEC billing system, i.e., accuracy, timeliness, and completeness.


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SECTION VII


APPENDICES


SUMMARY OF APPENDICES


  APPENDIX A

  PHYSICAL CHARACTERISTICS OF DATA TAPES/CARTRIDGES

  APPENDIX B

  SPECIAL FEATURES STAR FEATURES/PAY-PER-USE FEATURES


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APPENDIX A


PHYSICAL CHARACTERISTICS OF DATA TAPES/CARTRIDGES


Data transported to CLEC by NEVADA, or to NEVADA by CLEC, on tape or cartridge via a courier will have the following physical characteristics:


Tape:  9-track, 6250 (or 1600) BPI (Bytes per inch)
Cartridge:  38,000 BPI (Bytes per inch)
LRCEL:  2,472 bytes
Parity:  Odd
Character Set:  Extended Binary Coded Decimal Interchange Code (EBCDIC)
External labels:  Exchange Carrier name, Dataset Name (DSN) and volume serial number
Internal labels:  IBM Industry OS labels will be used. They consist of a single volume label and two sets of header and trailer labels.
One file per sending location with variable length records:  104 bytes EMR compacted format plus modules as applicable.


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APPENDIX B


SPECIAL FEATURES STAR SERVICES/PAY-PER-USE FEATURES


The following are CLASS subscription or “pay per use” (STAR) Services supported by these Local Resale requirement to date. When identified, additional services can be negotiated to be included in this Resale offer.


1) Auto Redial/Call Return

  This feature allows a customer to redial a number when a Busy signal is encountered.

2) Auto Call Back/Repeat Dialing

  This feature allows a customer to automatically return the most recent incoming call, even if it is not answered.

The following CLASS subscription service is available for Local Resale. CLEC requires a usage record in order to provide call trace information to law enforcement authorities.


1) Call Trace

  This feature allows the tracing of nuisance calls.

The following are CLASS services only available through monthly subscription and are available for Local Resale only on a monthly subscription basis.


1) 3-Way Calling

  This feature allows for three (3) Parties to communicate on one line.

2) Automatic Redial

  This feature allows a customer to automatically redial the last number dialed.


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To provide for the transfer and billing of these features the following requirements apply:


For the following CLASS subscription and “per use” (STAR) Features the ‘Miscellaneous Charge Line Summary Non-Detail Charge’ 10-01-18 record should be used and be populated as follows:


CONNECT TIME  POSITIONS 55 - 60  MUST BE POPULATED
TO PLACE/ST.  POSITIONS 135 - 146  

1)      AUTO REDIAL/CALL RETURN

      

         Feature Code 32, 62, 60

TO PLACE/ST.  POSITIONS 135 - 146  

2)      AUTO CALL BACK/REPEAT DIALING

      

         POPULATE WITH Feature Code 33, 61,63

TO PLACE/ST.  POSITIONS 135 - 146  

3)      CALL TRACE

      

         POPULATE WITH Feature Code 70

TO PLACE/ST.  POSITIONS 135 - 146  

4)      3-Way Calling

      

NOT APPLICABLE

TO PLACE/ST.  POSITIONS 135 - 146  

5)      AUTOMATIC REDIAL

      

NOT APPLICABLE


NOTE: For fields not specifically defined, the standard EMR format for a 10-01-08 record should be used.


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