Sample Business Contracts
Agreement [Attachment 18 Appendix] - Liberty Telecom LLC and Nevada Bell
Services Forms
ATTACHMENT 18 INTERCONNECTION APPENDIX A – NV
PAGE 1 OF 1
NEVADA/LIBERTY TELECOM LLC
APPENDIX A
Local Interconnection Trunking Arrangements
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CLEC Switch |
CLEC Routing Point |
POI |
NEVADA Access Tandem | |||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 1 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| 1 | Internetwork provisioning information and guidelines. | CLC Handbook-LISA, Section 5E, Provisions of LISA. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| LISA Interface Specification, Section 2, Architecture | ||||||||
| Interconnection Agreement between and Nevada, 1998 | ||||||||
| 2 | SS7 and other critical internetwork compatibility testing. |
CLC Operations Handbook-SS7, Sec. 3, Pre-service/Protocol Tests. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CCS Network Interface, Section 6.3, Protocol Compatibility Testing. | CCNIS CCS Network Interface Specification | |||||||
| NOF Handbook, Section III, 3G, SS7 Compatibility Testing. | ||||||||
| 3 | Special protocol implementation agreements. | CCS Network Interface, Section 2.3, Interface Protocol Messages. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| TR-246, T1.114 (SCCP) & T1.116 (SCCP); GR-317 and GR-394. | CCNIS CCS Network Interface Specification | |||||||
| CCS Questionnaire, Sec IV, D-2 Switch Parameters. | ||||||||
| 4 | Diversity requirements. | CCS Network Interface, Section 4.1, Diversity Definition. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Handbook-911, Section 7A4, Limitations, Terms & Conditions. | ||||||||
| NOF Handbook, Section III, 2D, Link Responsibilities - Diversity. | CCNIS CCS Network Interface Specification | |||||||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 2 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| 5 | Installation, maintenance guidelines and responsibilities. | CLC Operations Handbook-LISA, Section 2, Responsibilities. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations Handbook-SS7, Section 2, Responsibilities. | ||||||||
| CLC Handbook-Link, Pgs 1-2, CLEC & PB Responsibilities. | ||||||||
| 6 | Network security requirements. | CLC Operations HB-LISA, 4L-M, Call Trace (Emergency & Fraud). |
AT&T Corporate Security Guidelines CSI-1.01 Admission to AT&T Premises CSI-1.10 Physical Security-Spaces CSI-1.13 Phy Sec Netwrk Elements | Interconnection Agreement Between AT&T and Nevada Bell. | ||||
| 7 | Performance standards and service level agreements. | LISA Interface Specification, Sec 4, Performance. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| 8 | Specific versions/issues of protocol or interface specifications. | CCS Network Interface, Section 1.4, Related Documents. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | CCNIS CCS Network Interface Specification | ||||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 3 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| 9 | Maintenance procedures, including trouble reporting, status, etc. | CLC Operations Handbook-LISA, Section 4, Maintenance |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations Handbook-SS7, Section 4, Maintenance | ||||||||
| 10 | Internetwork trouble resolution and escalation procedures. | CLC Operations HB-LISA, Sec 4C, Sectionalization; Sec 6 Escalations. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations HB-SS7, Sec 4C, Sectionalization; Sec 6 Escalations. | ||||||||
| Interconnection Agreement between and Nevada, 1998 | ||||||||
| 11 | In-depth root cause analysis of significant failures. | S.I. 131 - Customer Service Quality Failure Report (Analysis). | Interconnection Agreement between AT&T and Nevada Bell, 1998. Supplier Performance Report | |||||
| 12 | Explicit forecasting information re: direct and subtending traffic. | CLC HB, Section 9, Appendix F, Interconnection Forecasts. | Interconnection Agreement between AT&T and Nevada Bell, 1998 | |||||
| 13 | Explicit expectations regarding interoperabiliy testing requirements. | CLC Operations Handbook-SS7, Sec. 3, Pre-service/Protocol Tests. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 4 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| CCS Network Interface, Section 6.3, Protocol Compatibility Testing. |
Bellcore Signaling Spec SS7 Bellcore Signaling Network Interface Specification MTP/ISUP | |||||||
| 14 | Network management (network element growth, NPA splits, etc.). | CLC Operations HB-LISA, Section 2E, Network Managem’t Guidelines. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| NOF Handbook, Section VI, Network Management Guidelines. | ||||||||
| Interconnection Agreement between _____ and Nevada, _____ 1998 | ||||||||
| 15 | Operating procedures. | CLC Operations Handbook - LISA (all sections). |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations Handbook - SS7, (all sections). | ||||||||
| 16 | Routing and screening administration. | LISA Interface Specification, Section 2.2, Routing & Screening. |
TR-54020 Vol. 1&2 A T&T specification of Common Channel Signaling System No. 7. | |||||
| CCS Network Interface, Section 2.2, Routing & Screening (MTP/SCCP). |
Bellcore Signaling Spec SS7 Bellcore Signaling Network Interface Specification MTP/ISUP | |||||||
| Interconnection Agreement between _____ and Nevada, _____ 1998 | ||||||||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 5 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| 17 | Synchronization design and Company-wide coordinator(s). | CLC Operations Handbook-SS7, Section 3E, Synchronization. |
AT&T TR-60110 Digital Synchronization Network Plan AT&T Practice 365-575-100 TR-NWT-001244 Clocks for the Synchronized Network: Common Generic Criteria |
ANSI T1.101, T1-105.03 Bellcore GR253 Core SONET Bellcore TR1244 Clocks for Synchronous Networks ANSI Approved Draft Standard T1.105.09 SONET: Timing and Synchronization | ||||
| 18 | Performance requirements. | LISA Interface Specification, Sec 4, Performance. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| 19 | Responsibility assignment (facility assignment, testing, control, etc.). | CLC Operations Handbook - LISA (throughout). |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations Handbook - SS7, (throughout). | ||||||||
| Interconnection Agreement between _____ and Nevada, _____ 1998 | ||||||||
| 20 | Information sharing for analysis and problem identification. | CLC Oprs HB-LISA, Sec4C Sectionalization & 5 Intercarrier Testing. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| NOF Handbook, Section VII, Information Sharing. | ||||||||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 6 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| 21 | Network transition and service rearrangement management. | CLC Operations Handbook-LISA, Sec 3G, Rearrangements. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations HB-SS7, Sec 31, Signaling Link Rearrangements. | ||||||||
| CCS Questionnaire, Sec III, 2 Trunk Conversion Considerations. | ||||||||
| 22 | Calling Party Number privacy management. | CLC HB-LISA, Section 5E, Prerequisites, Limitations & Restrictions. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| 23 | Traffic engineering design criteria and capacity management. | Interconnection Agreement between _____ and Nevada, _____ 1998 |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| 24 | Tones and announcements for unsuccessful call attempts. | CLC Operations HB-LISA, Section 9D, Tones and Announcements. | Compatibility Bulletin 154 Specifications for Special Information Tones(SIT) for Encoding Recorded Announcements | |||||
| CCS Network Interface, Section 3.4, Tones and Announcements. | ||||||||
| NOF Handbook, Section III, Pg 17, Tones and Announcements. | ||||||||
| 25 | Mutual aid agreement(s). | CLC Handbook, Section 7B1, Emergency Preparedness. | PATH Network Capacity Management Disaster Management Plan | |||||
ATTACHMENT 18 INTERCONNECTION APPENDIX B – NV
PAGE 7 OF 7
NEVADA/LIBERTY TELECOM LLC
Bilateral Agreement Template
|
Topic |
Nevada Bell Reference(s) |
CLC Reference(s) |
Notes / Status | |||||
| Agreement between BCCs for Nat’l Security Emergency Preparedness. | ||||||||
| Mutual Aid Agreement Among IEC and LEC Carriers in California | ||||||||
| 26 | Emergency communications plan. | Emergency Preparedness & Response Program, Tab 4, Communications. | Customer Connectivity Emergency Response Plan-CNSC Disaster Management Plan, Disaster Restoration Pre-Plans AT&T/Nevada Bell. | |||||
| NOF Handbook, Section III, Pg 16, Emergency Communications. | ||||||||
| CLC Operations HB-SS7, Sec 9b, CCS Emergency Communications. | ||||||||
| 27 | Billing records data exchange. | Interconnection Agreement between AT&T and Nevada Bell, 1998 | ||||||
|
Bellcore Practice BR010-200-010 Customer Usage Data Transfer Req.’s | ||||||||
| 28 | Pre-cutover internetwork trunk testing. | CCS Network Interface, Section 6.3, Protocol Compatibility Testing. |
TR-54020 Vol. 1&2 AT&T specification of Common Channel Signaling System No. 7. | |||||
| CLC Operations HB-LISA, Sec 3B & 3C Pre-Service/Acceptance Tests. | ||||||||
| CLC Operations HB-SS7, Sec 3B & 3C Protocol/Acceptance Tests. | ||||||||
CERTIFICATE OF SERVICE
Docket No. -
I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding by delivering a copy thereof in person to or by mailing a copy thereof, properly addressed, with postage prepaid to:
Via Hand Delivery:
|
Public Utilities Commission of Nevada Jeanne Reynolds, Secretary (Orig +10) 1150 E. William Street Carson City, NV 89701 |
Public Utilities Commission of Nevada Staff Counsel (1) 1150 E.William Street Carson City, NV 89701 | |
|
Office of the Attorney General Bureau of Consumer Protection Fred Schmidt, Esq. (1) 1000 E. William Street, Suite 200 Carson City, NV 89701 | ||
Via U.S. Mail, Postage Pre-paid:
|
Sprint/Central-Nevada Ann Poncracz, Esq. 330 S. Valley View Blvd. Las Vegas, NV 89512 |
Sprint Communications Richard A. Purkey 1850 Gateway Drive, 7th Flr San Mateo, CA 94404-2467 | |
|
Crowell, Susich, Owen, & Tackes, Ltd Steven E. Tackes, Esq. P. O. Box 1000 Carson City, NV 89702 |
MCI Telecommunications Anthony DiTirro 201 Spear Street, 9th Flr San Francisco, CA 94105 | |
|
AT&T Communications William A. Ettinger 795 Folsom Street San Francisco, 94107 |
Humboldt County Commission 50 West Fifth Street, Rm 205 Winnemucca, NV 89445 | |
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Nye County Commission P.O. Box 153 Tonopah, NV 89049 |
City Manager - Carson City 201 N. Carson Street Carson City, NV 89701-4264 | |
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White Pine County Commission 953 Campton Street Ely, NV 89301 |
Storey County Commission Drawer D Virginia City, NV 89440 | |
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Pershing County Commission P. O. Box 820 Lovelock, NV 89419 |
Lyon County Commission 31 South Main Street Yerington, NV 89447 | |
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Lincoln County Commission P. O. Box 278 Pioche, NV 89043 |
Churchill County Commission 10 West Williams Fallon, NV 89406 | |
|
Mineral County Clerk P. O. Box 1450 Hawthorne, NV 89415 |
Washoe County Commission P. O. Box 11130 Reno, NV 89502 | |
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Esmeralda County Commission Fish Lake Valley Dyer, NV 89010 |
Lander County Commission 315 South Humboldt Battle Mountain, NV 89823 | |
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Eureka County Clerk P. O. Box 677 Eureka, NV 89316 |
Douglas County Commission P. O. Box 218 Minden, NV 89423 | |
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Clark County Commission 500 South Grand Central Parkway Las Vegas, NV 89106 |
Elko County Commission 569 Court Street Elko, NV 89801 | |
|
GTE Kurt Rasmussen One GTE Place, CA500GCF Thousand Oaks, CA 91362 |
Citizens Communications Aloa Stevens 9670 South 700 East, Suite 101 Sandy, UT 84070-3455 | |
|
Gem State Utilities Jon Erickson 111 A Street Cheney, WA 99004 |
Rural Telephone Company James Martell P. O. Box 969 Glenns Ferry, ID 93623 | |
|
Dennis R. Haney & Associates Philip J. Dabney, Esq. 301 E. Clark Avenue, Suite 700 Las Vegas, NV 89101 |
McDonald, Carano, Wilson, & McCune John Frankovich, Esq. 241 Ridge Street, 4th Flr Reno, NV 89505 | |
|
LDDS WorldCom Dougals F. Brent, Regulatory Affairs 9300 Shelbyville Road, Suite 700 Louisville, KY 40222 |
Churchill County Telephone Don Mello P.O.Box 1390 Fallon, NV 89406 | |
|
Filer Mutual John Gunn P. O. Box 89 Filer, ID 82238 |
Lincoln County Telephone Company John W. Christian, III P.O. Box 150 Pioche,NV 89043 | |
|
Beehive Telephone Company Art Brothers 5160 Wiley Post Way, Suite 220 Salt Lake City, UT 84116-2871 |
State of Nevada Department of Information Services 505 E. King Street Carson City, NV 89701 | |
|
AT&T Communications of Nevada Jim Endres 5250 South Viriginia Street, Suite 370 Reno,NV 89502 |
Kilpatrick, Johnston, & Adler Robert G. Johnston, Esq. 412 North Division Street Carson City, NV 89703 | |
|
Golden Tel, Inc. George J. Vasilakos 3675 W. Harmon Avenue Las Vegas, NV 89103 |
Allison, MacKenzie, Hartman Karen Peterson P. O. Box 646 Carson City, NV 89702 | |
|
David S. Trandal, Manager 3463 State Street, No. 260 Santa Barbara, CA 93105 |
Kelley Drye & Warrent LLP Edward A. Yorkgitis, Jr 1200 19th Street, N.W., Suite 500 Washington, D.C. 20036 | |
Dated at Reno, Nevada this 27th day of May, 1999.
|
/s/ Beth Freemont |
|
Beth Freemont |
APPENDIX DA (CALIFORNIA)
PAGE 1 OF 5
PACIFIC/CLEC
031599
APPENDIX DA
Proprietary: Not for Use or Disclosure Outside the Southwestern Bell Corporation Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
APPENDIX DA (CALIFORNIA)
PAGE 2 OF 5
PACIFIC/CLEC
031599
APPENDIX DA
DIRECTORY ASSISTANCE SERVICE
This Appendix sets forth the terms and conditions under which PACIFIC BELL (PACIFIC) agrees to provide Directory Assistance Services (DA Services) for CLEC (“Competitive Local Exchange Carrier”).
| I. | SERVICES |
PACIFIC will provide the following DA Services:
| A. | DIRECTORY ASSISTANCE (DA) - consists of providing subscriber listing information (name, address, and published telephone number or an indication of “non-published status”) to CLEC’s end users who dial 411 or NPA+555+1212. |
| B. | EXPRESS CALL COMPLETION (ECC) - a service, where available, in which PACIFIC completes an intraLATA call to the requested number on behalf of CLEC’s end user, utilizing an automated voice system or with operator assistance. |
| C. | DIRECTORY ASSISTANCE – Nationwide Listing Service (NLS) – a service in which PACIFIC provides listed telephone information (name, address and telephone numbers) for residential, business and government listings throughout the 50 states to CLEC end users who dial 411 or when applicable NPA+555+1212. |
| II. | DEFINITIONS |
The following terms are defined as set forth below:
| A. | DA Only Telephone Number - a telephone number that, at the request of the telephone subscriber, is not published in a telephone directory, but is available by calling a PACIFIC DA operator. |
| B. | Non-Published Number - a telephone number that, at the request of the telephone subscriber, is neither published in a telephone directory nor provided by a PACIFIC DA operator. |
| C. | Published Number - a telephone number that is published in a telephone directory and is available upon request by calling a PACIFIC DA operator. |
| D. | Call Branding - the procedure of identifying a providers name audibly and distinctly to the consumer at the beginning of each DA Services call. |
Proprietary: Not for Use or Disclosure Outside the Southwestern Bell Corporation Family of Companies Except Under Written Agreement. The term conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document.
APPENDIX DA (CALIFORNIA)
PAGE 3 OF 5
PACIFIC/CLEC
031599
| III. | CALL BRANDING AND RATE REFERENCE REQUIREMENTS |
| A. | Call Branding- Where available, PACIFIC will brand DA in CLEC’s name based upon the criteria outlined below: |
| 1. | Where PACIFIC provides CLEC OS and DA services via the same trunk, both the OS and DA calls will be branded with the same brand. Where PACIFIC is only providing DA service on behalf of the CLEC, specific DA branding can be provided upon request. |
| 2. | CLEC will provide PACIFIC with a recorded announcement of its company name to be used to brand the CLEC’s DA calls in accordance with the process outlined in the Operator Services Translations Questionnaire. |
| 3. | An initial non-recurring charge applies per brand, per TOPS switch, for the establishment of Call Branding as well as a charge per subsequent changes to the brand per TOPS switch. Prices for Call Branding are as outlined in Exhibit I, attached hereto and incorporated herein. |
| B. | Directory Assistance (DA) Rate/Reference Information- PACIFIC’s DA operator will provide the CLEC’s end user with rate information for the DA per call charge. The CLEC must provide the rate information to PACIFIC on the initial rate charge form. Any subsequent changes must be submitted to PACIFIC on the rate change form (see CLEC Handbook). All rates require thirty (30) days to process. |
| IV. | RESPONSIBILITIES OF THE PARTIES |
| A. | PACIFIC will be the sole provider of DA Services for CLEC’s local serving area(s) beginning on the service effective date of this agreement. |
| B. | CLEC will be responsible for providing the equipment and facilities necessary for signaling and routing calls with Automatic Number Identification (ANI) to each PACIFIC operator switch unless CLEC is using LISA trunks to deliver traffic to PACIFIC’s DA Service. Any service that requires ANI, such as branding and call completion, can not be provided when CLEC utilizes a LISA trunking arrangement. LISA trunks for DA will be eliminated when all of PACIFIC’s #5XB ACD switches are eliminated. At such time, CLEC will be responsible for providing direct trunks to each PACIFIC operator switch. Should CLEC seek to provide interexchange DA Service under this agreement it is responsible for ordering the necessary facilities through PACIFIC’s interstate or intrastate Access Service tariffs. Nothing in this agreement in any way changes the manner in which an interexchange Carrier obtains access service for the purpose of originating or terminating interexchange traffic. |
Proprietary: Not for Use or Disclosure Outside the Southwestern Bell Corporation Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document.
APPENDIX DA (CALIFORNIA)
PAGE 4 OF 5
PACIFIC/CLEC
031599
| C. | Except where CLEC is purchasing PACIFIC’s LSNE, CLEC must separately purchase TOPS Trunk Ports to connect its switch to PACIFIC’s TOPS switch for purposes of delivering operator traffic. CLEC may purchase transport facilities from PACIFIC to connect to the TOPS Trunk Ports or it may use EISCC to connect to the TOPS Trunk Ports from its collocation arrangement in the Wire Center where PACIFIC’s TOPS switch is located. TOPS Trunk Ports are described in Appendix ITR. |
| D. | Facilities necessary for the provision of DA Services shall be provided by the parties hereto, using standard trunk traffic engineering procedures to insure that the objective grade of service is met. Each party shall bear the costs for its own facilities and equipment. |
| E. | CLEC will furnish in writing to PACIFIC, forty-five (45) days in advance of the date when the DA Services are to be undertaken all information required by PACIFIC to provide the DA Services. CLEC will send the DA listing records to PACIFIC via electronic white page gateway as described in Appendix OSS – Resale & UNE. |
| F. | CLEC will provide PACIFIC timely updates to the Operator Services Translations Questionnaire when changes are necessary. |
| G. | PACIFIC will accumulate and provide CLEC such data as necessary for CLEC to bill its end users as described in attachment Data Exchange. |
| V. | METHODS AND PRACTICES |
PACIFIC will provide the DA Services to CLEC’s end users in accordance with PACIFIC’s DA methods and practices that are in effect at the time the DA call is made, unless otherwise agreed in writing by both parties.
| VI. | PRICING |
Pricing for DA Services shall be based on the rates specified in Exhibit I, PRICING, which is attached hereto and made part of this Appendix. The prices will apply from the service effective date through the term of this agreement as specified in paragraph IX. A. below. Beyond the specified term of this Appendix, PACIFIC may change the prices for the provision of DA Services upon one hundred-twenty (120) days’ notice to CLEC.
Proprietary: Not for Use or Disclosure Outside the Southwestern Bell Corporation Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document.
APPENDIX DA (CALIFORNIA)
PAGE 5 OF 5
PACIFIC/CLEC
031599
| VII. | MONTHLY BILLING |
PACIFIC will render monthly billing statements to CLEC, and remittance in full will be due within thirty (30) days of receipt.
| VIII. | LIABILITY |
The limitation of liability and indemnification provisions of the Agreement shall govern performance under this Appendix. CLEC also agrees to release, defend, indemnify, and hold harmless PACIFIC from any claim, demand or suit that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly, or indirectly, by CLEC employees and equipment associated with provision of the DA Services. This provision includes but is not limited to suits arising from disclosure of the telephone number, address, or name associated with the telephone called or the telephone used to call the DA Services.
| IX. | TERMS OF APPENDIX |
| A. | This Appendix will continue in force for the length of the Interconnection Agreement, but no less than 12 months. Thereafter, either Party may terminate this agreement upon 90 days written notice to the other Party. |
| B. | If CLEC terminates this agreement prior to the agreed-upon term of this Appendix, CLEC shall pay PACIFIC, within thirty (30) days of the issuance of a final bill by PACIFIC, all amounts due for actual services provided under this Appendix, plus estimated monthly charges for the remainder of the term. Estimated charges will be based on an average of the actual monthly amounts billed by PACIFIC pursuant to this Appendix prior to its termination. |
| C. | The rates applicable for determining the amount(s) under the terms outlined in this Section are those specified in Exhibit I. |
| X. | APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS |
This appendix, and every interconnection, service and network element provided hereunder, shall be subject to all rates, terms and conditions contained in this Agreement or any other appendices or attachments to this Agreement which are legitimately related to such interconnection, service or network element; and all such rates, terms and conditions are incorporated by reference herein and as part of every interconnection, service and network element provided hereunder. Without limiting the general applicability of the foregoing, the following terms and conditions of the General Terms and Conditions are specifically agreed by the Parties to be legitimately related to, and to be applicable to, each interconnection, service and network element provided hereunder: definitions, interpretation and construction, notice of changes, general responsibilities of the Parties, effective date, term, termination, disclaimer of representations and warranties, changes in end user local exchange service provider selection, severability, intellectual property, indemnification, limitation of liability, force majeure, confidentiality, audits, disputed amounts, dispute resolution, intervening law and miscellaneous.
Proprietary: Not for Use or Disclosure Outside the Southwestern Bell Corporation Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document.
APPENDIX OS (CALIFORNIA)
PAGE 1 OF 9
PACIFIC/CLEC
031599
APPENDIX OS
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
APPENDIX OS (CALIFORNIA)
PAGE 2 OF 9
PACIFIC/CLEC
031599
APPENDIX OS
OPERATOR SERVICES
This Appendix sets forth the terms and conditions under which PACIFIC agrees to provide Operator Services for CLEC (“CLEC”).
| I. | SERVICES |
PACIFIC will provide the following Operator Services:
| A. | FULLY AUTOMATED CALL PROCESSING - Allows the caller to complete a call utilizing equipment without the assistance of a PACIFIC operator, hereafter called “Operator.” |
This allows the caller the option of completing calls through an automated alternate billing system (AABS). Automated functions can only be activated from a touch-tone telephone. Use of a rotary telephone and failure or low response by the caller to the audio prompts will bridge the caller to an Operator for assistance. The called party must also have Touch-tone service to automatically accept calls that are billed collect or to a third number.
| B. | OPERATOR-ASSISTED CALL PROCESSING - Allows the caller to complete a call by receiving assistance from an Operator. |
| II. | DEFINITIONS |
| A. | FULLY AUTOMATED CALL PROCESSING |
PACIFIC will support the following fully automated call types for CLEC:
| 1. | FULLY AUTOMATED CALLING CARD STATION-TO-STATION - This service is provided when the caller dials zero (0), plus the desired telephone number and the telecommunications calling card number to which the call is to be charged. The call is completed without the assistance of an Operator. An authorized telecommunications calling card for the purpose of this Appendix, is one for which PACIFIC can perform billing validation. Fully-Automated Calling Card Call Service may also include the following situations: |
| a. | When an individual with a disability dials zero (0) and identifies himself or herself as disabled, he or she will provide the Operator the desired telephone number and the calling card number to which the call is to be billed. |
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
APPENDIX OS (CALIFORNIA)
PAGE 3 OF 9
PACIFIC/CLEC
031599
| b. | When due to trouble on the network, or lack of service components (facilities to the AABS network), the automated call processing cannot be completed without assistance from an Operator. |
| c. | When an Operator reestablishes an interrupted call that meets any of the situations described in this call type. |
| 2. | FULLY AUTOMATED STATION-TO-STATION - This service is limited to those calls placed collect or billed to a third number. The caller dials zero (0) plus the telephone number desired, the service selection codes and/or billing information as instructed by the automated equipment. The call is completed without the assistance of an Operator. Fully Automated Station-to-Station service may also include the following situations: |
| a. | When an individual with a disability identifies himself or herself as disabled and provides the Operator the number to which the call is to be billed (either collect or third number). |
| b. | When due to trouble on the network or lack of service components, the automated call cannot be completed without assistance from an Operator. |
| c. | When an Operator reestablishes an interrupted call that meets any of the situations described in this call type. |
| B. | OPERATOR-ASSISTED CALL PROCESSING |
PACIFIC will support the following operator-assisted call types for CLEC:
| 1. | SEMI-AUTOMATED STATION-TO-STATION - A service provided when the caller dials zero (0) plus the telephone number desired and the call is completed with the assistance of an Operator. Semi-Automated Station-to-Station service may also include the following situations: |
| a. | Where the caller does not dial zero (0) prior to calling the number desired from a public or semi-public telephone, or from a telephone where the call is routed directly to an Operator (excluding calling card calls). |
| b. | When an Operator re-establishes an interrupted call that meets any of the situations described in this call type. |
| 2. | SEMI-AUTOMATED PERSON-TO-PERSON - A service in which the caller dials zero (0) plus the telephone number desired and specifies to the Operator the particular person to be reached or a particular PBX station, |
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
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department or office to be reached through a PBX attendant. This service applies even if the caller agrees, after the connection is established, to speak to any party other than the party previously specified. Semi-Automated Person-to-Person service may also include:
| a. | Where the caller does not dial a zero (0) prior to dialing the number from a public or semi-public telephone, or where the call is routed directly to an Operator. |
| b. | When an operator reestablishes an interrupted call that meets any of the situations described in this call type. |
| 3. | SEMI-AUTOMATED CALLING CARD STATION-TO-STATION - A service provided when the caller dials zero (0) plus the desired telephone number and provides the Operator the calling card number to which the call is to be charged. Semi-Automated Calling Card Station-to-Station service may also include the following situations: |
| a. | When the caller does not dial zero (0) prior to dialing the number desired from a public or semi-public telephone, or from a telephone that is directly routed to an Operator, and the call is billed to a calling card. |
| b. | When an Operator reestablishes an interrupted call that meets any of the situations described in this call type. |
| 4. | STATION-TO-STATION (OPERATOR HANDLED) - A service provided when the caller dials zero (0) and places a sent paid, collect, third number or calling card station-to-station call using an Operator’s assistance. These calls may originate from a private, public or semi-public telephone. The service may also include the situation when an Operator reestablishes an interrupted call that meets any of the situations described in this call type. |
| 5. | PERSON-TO-PERSON (OPERATOR HANDLED) - A service in which the caller dials zero (0) and specifies to the Operator the number desired and the person to be reached, or a particular PBX station, department or office to be reached through a PBX attendant. The call remains a person- to-person call even if the caller agrees, after the connection is established, to speak to any party other than the party previously specified. The service may also include situations when an Operator reestablishes an interrupted call that meets any of the situations described in this call type. |
| 6. | LINE STATUS VERIFICATION - A service in which the caller asks the Operator to determine the condition of a telephone line. |
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
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| 7. | BUSY LINE INTERRUPT - A service in which the caller asks the Operator to interrupt a conversation in progress, to determine if one of the parties is willing to speak to the caller requesting the interrupt. A Busy Line Interrupt charge will apply even if no conversation is in progress at the time of the interrupt attempt, or when the parties interrupted refuse to terminate the conversation in progress. |
| 8. | OPERATOR TRANSFER SERVICE (OTS) - A service offered by PACIFIC for transfer requests to those who purchase Operator Transfer Service via the tariff. PACIFIC will provide OTS to the CLEC’s End Users in accordance with PACIFIC’S existing OTS tariff offering. CLEC agrees to obtain and be responsible for all necessary compensation arrangements between CLEC and participating carriers. |
| 9. | MISCELLANEOUS - Includes the following call types: General Assistance 800, 888 and connections to all other Toll Free services, CLEC Repair Bureau and Business Office requests, credit requests, NPA-NXX location requests, and all other 0- No Attempt services. |
| III. | CALL BRANDING AND RATE REFERENCE REQUIREMENTS |
| A. | Call Branding- PACIFIC will brand Operator Services in CLEC’s name based upon the criteria outlined below: |
| 1. | CLEC will provide PACIFIC with written specification of its company name to be used in creating CLEC specific branding messages for its OS calls. |
| 2. | An initial non-recurring charge will apply per brand, per TOPS switch, for the establishment of Call Branding as well as a charge per subsequent changes to the brand per TOPS switch. |
| B. | Operator Services (OS) Rate/Reference Information- When technically feasible, PACIFIC will provide Operator Services Rate/Reference Information based upon the criteria outlined below. |
| 1. | CLEC will furnish OS Rate and Reference Information in a mutually agreed to format or media thirty (30) days in advance of the date when the Operator Services are to be undertaken. |
| 2. | CLEC will inform PACIFIC, in writing, of any changes to be made to such Rate/Reference Information ten (10) working days prior to the effective Rate/Reference change date. CLEC acknowledges that it is responsible to provide PACIFIC updated Rate/Reference Information in advance of when the Rates/Reference Information is to become effective. |
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
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| 3. | An initial non-recurring charge will apply for loading of CLEC’s Operator Services Rate/Reference Information as will as a charge for each subsequent change to either CLEC’s Operator Services Rate or Reference Information. |
| 4. | In the interim, when a PACIFIC Operator receives a rate request from a CLEC end user, PACIFIC will warm-line transfer the CLEC end user to the CLEC as follows for rate quotes. When PACIFIC has the capability to quote CLEC rates and reference information the parties agree that the warm-line transfer option will be eliminated. |
Warm-line transfers without charge: PACIFIC will warm-line transfer any CLEC end user requesting intraLATA rate information (except calling plan information), at no charge to the CLEC.
Warm-line transfers at tariffed rate: PACIFIC will warm-line transfer any CLEC end user requesting interLATA, interstate or international rate information, as well as intraLATA calling plan information, and charge the CLEC the tariffed rate for carrier to carrier warm-line transfers.
| IV. | HANDLING OF EMERGENCY CALLS TO OPERATOR |
To the extent CLEC’s NXX encompasses multiple emergency agencies, PACIFIC will agree to query the caller on his/her community and to transfer the caller to the appropriate emergency agency for the caller’s area. CLEC must provide PACIFIC with the correct information to enable the transfer. CLEC will also provide default emergency agency numbers to use when the customer is unable to provide his/her community. When the assistance of another Carrier’s operator is required, PACIFIC will attempt to reach the appropriate operator if the network facilities for inward assistance exist. CLEC agrees to indemnify PACIFIC for any misdirected calls.
| V. | RESPONSIBILITIES OF THE PARTIES |
| A. | PACIFIC will be the sole provider of Operator Services for CLEC’s local service area(s) beginning on the service effective date of this agreement. PACIFIC will provide Operator Services only where the necessary physical facilities are available and in place and under conditions stated in this Appendix. |
| B. | CLEC will be responsible for providing the equipment and facilities necessary for signaling and routing calls with Automatic Number Identification (ANI) to each PACIFIC operator switch. Should CLEC seek to provide interexchange Operator Services under this agreement, it is responsible for ordering the necessary facilities through PACIFIC’S interstate or intrastate Access Service tariffs. |
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
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Nothing in this agreement in any way changes the manner in which an interexchange Carrier obtains access service for the purpose of originating or terminating interexchange traffic.
| C. | Except where CLEC is purchasing LSNE, CLEC must separately purchase TOPS Trunk Ports to connect its switch to PACIFIC’S TOPS switch for purposes of delivering operator traffic. CLEC may purchase transport facilities from PACIFIC to connect to the TOPS Trunk Ports or it may use EISCC to connect to the TOPS Trunk Ports from its collocation arrangement in the Wire Center where PACIFIC’s TOPS switch is located. TOPS Trunk Ports are described in Appendix ITR. |
| D. | Facilities necessary for the provision of Operator Services shall be provided by the parties hereto, using standard trunk traffic engineering procedures to insure that the objective grade of service is met. Each party shall bear the costs for its own facilities and equipment. |
| E. | CLEC will furnish to PACIFIC a completed Operator Services questionnaire, forty-five (45) days in advance of the date when the Operator Services are to be undertaken, unless otherwise agreed to by the Parties. |
| F. | CLEC will provide PACIFIC timely updates to the OS questionnaire when changes are necessary. CLEC will provide any necessary records and changes to PACIFIC in writing or in any other mutually agreeable format. |
| G. | PACIFIC will accumulate and provide the CLEC such data as necessary for the CLEC to bill its end users of the Data Exchange agreement which will be separately executed. |
| VI. | METHODS AND PRACTICES |
PACIFIC will provide the Operator Services to CLEC’s end users in accordance with PACIFIC’s OS methods and practices in effect for PACIFIC at the time the OS call is made, unless otherwise agreed in writing by both parties.
| VII. | PRICING |
Pricing for Operator Services shall be based on the rates specified in Exhibit I, PRICING, which is attached and made part of this Appendix. The rates will apply from the service effective date through the term of this agreement as specified in paragraph X. A. below. At any time beyond the specified or the term of this Appendix, PACIFIC may change the prices for the provision of OS upon one hundred-twenty (120) days’ notice to CLEC.
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document
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| VIII. | MONTHLY BILLING |
PACIFIC will render monthly billing statements to CLEC, and remittance in full will be due within thirty (30) days of receipt.
| IX. | LIABILITY |
In addition to the limitation of liability and indemnification, provisions of the Agreement shall govern performance under this Appendix. CLEC also agrees to release, defend, indemnify, and hold harmless PACIFIC from any claim, demand or suit that asserts any infringement or invasion of privacy or confidentiality of any person or persons caused or claimed to be caused, directly, or indirectly, by PACIFIC employees and equipment associated with provision of the Operator Services. This provision includes but is not limited to suits arising from disclosure of the telephone number, address, or name associated with the telephone called or the telephone used to call the Operator Services.
X. TERMS OF APPENDIX
| A. | This Appendix will continue in force for the length of the Interconnection Agreement, but no less than 12 months. Thereafter, either Party may terminate this agreement upon 90 days written notice to the other Party. |
| B. | If CLEC terminates this agreement prior to the first twelve (12) months the, CLEC shall pay, within thirty (30) days of the issuance of a final bill by PACIFIC, all amounts due for actual services provided under this Appendix, plus estimated monthly charges for the remainder of the term. Estimated charges will be based on an average of the actual monthly amounts billed by PACIFIC pursuant to this Appendix prior to its termination. |
| C. | The rates applicable for determining the amount(s) under the terms outlined in this Section are those specified in Exhibit I attached hereto and incorporated by reference. |
| XL. | APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS |
This appendix, and every interconnection, service and network element provided hereunder, shall be subject to all rates, terms and conditions contained in this Agreement or any other appendices or attachments to this Agreement which are legitimately related to such interconnection, service or network element; and all such rates, terms and conditions are incorporated by reference herein and as part of every interconnection, service and network element provided hereunder. Without limiting the general applicability of the foregoing, the following terms and conditions of the General Terms and Conditions are specifically agreed by the Parties to be legitimately related to, and to be applicable to, each interconnection, service and network element provided hereunder: definitions, interpretation and construction, notice of changes, general responsibilities of the Parties, effective date, term, termination, disclaimer of representations and warranties, changes in end user local exchange service provider selection, severability, intellectual property, indemnification, limitation of liability, force majeure, confidentiality, audits, disputed amounts, dispute resolution, intervening law and miscellaneous
Proprietary: Not for Use or Disclosure Outside the SBC Communications Inc. Family of Companies Except Under Written Agreement. The terms, conditions, and prices contained herein are subject to negotiation by both Parties, and therefore, subject to change or modification, until such time as both Parties agree on the entire agreement and indicate such agreement by signing the document