INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996

 

Exhibit 10.11.1

 

INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE

TELECOMMUNICATIONS ACT OF 1996

 

Dated as of November 24, 1998

 

by and between

 

NEW YORK TELEPHONE COMPANY,

 

d/b/a

 

BELL ATLANTIC - NEW YORK

 

and

 

PAETEC COMMUNICATIONS, INC.

 

 

INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE

TELECOMMUNICATIONS ACT OF 1996

 

This Interconnection Agreement (this “Agreement”), under Sections 251 and 252 of the Telecommunications Act of 1996 (the “Act”), is effective as of the 24th day of November, 1998 (the “Effective Date”), by and between New York Telephone Company, d/b/a Bell Atlantic - New York (“BA”), a New York corporation with offices at 1095 Avenue of the Americas, Room 1423, New York, New York 10036, and PaeTec Communications, Inc. (“PaeTec”), a Delaware corporation with offices at 290 Woodcliff Drive, Fairport, New York, New York 14450 (each a “Party” and, collectively, the “Parties”).

 

WHEREAS, PaeTec has requested that BA make available to PaeTec Interconnection, service and unbundled Network Elements upon the same terms and conditions as provided in the Interconnection Agreement (and amendments thereto) between ACC National Telecom Corp. and BA, dated as of November 11, 1997, for the State of New York, approved by the Commission under Section 252 of the Act (the “Separate Agreement”) and attached as Appendix 1 hereto; and

 

WHEREAS, BA has undertaken to make such terms and conditions available to PaeTec hereby only because and, to the extent required by, Section 252(i) of the Act.

 

NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PaeTec and BA hereby agree as follows:

 

1.0

Incorporation of Appendices by Reference

 

1.1 Except as expressly stated herein, the terms and conditions of the Separate Agreement (as set forth in Appendix 1 hereto), as it is in effect on the date hereof after giving effect to operation of law, and of the other Appendix hereto are incorporated by reference in their entirety herein and form an integral part of this Agreement.

 

1.2 References in Appendix 1 hereto to ACC National Telecom Corp. or to ACC shall for purposes of this Agreement be deemed to refer to PaeTec.

 

1.3 References in Appendix 1 hereto to the “Effective Date”, the date of effectiveness thereof and like provisions shall for purposes of this Agreement be deemed to refer to the date first written above. Unless terminated earlier in accordance with the terms of Appendix 1 hereto, this Agreement shall continue in effect until the Separate Agreement expires or is otherwise terminated.

 

1.4 References in Appendix 1 hereto to “800/888” be deleted in their entirety and replaced with the following: “800/888/877”.

 

1.5 The following language shall be deleted from Section 1.1.40 of Appendix 1 hereto: “within three (3) months of the Effective Date which is substantially similar to the template provided by NYNEX to ANTC on or about March 5, 1997”. This language shall be replaced by the following: “in accordance with Sections 4 and 12 of this Agreement”.

 

1.6 The second sentence of Section 12.1 of Appendix 1 hereto shall be deleted and replaced in its entirety with the following:

 

“ The Parties shall enter into good faith negotiations with the goal of establishing a Joint Grooming Plan within sixty (60) days of the filing of this Agreement with the Commission.”

 

1.7 Reference to “B.01” in Section 4.3.1 of Appendix 1 hereto shall be deleted and replaced with the following: “P.01”.

 

1.8 Reference to “April 1, 1998” in the second paragraph of Section I of Attachment PA (Pricing Schedule) of Appendix 1 hereto, shall be deleted and replaced with the following: “May 1, 1999”.

 

1.9 Notwithstanding Section 33.7.2.1 of Appendix 1 hereto, at such time as BA makes available the Performance Monitoring Reports set forth in the Memorandum Opinion and Order adopted by the FCC on August 14, 1997 (the “FCC Merger Order”) to other Telecommunications Carriers purchasing Interconnection from BA, BA shall provide PaeTec with the Performance Monitoring Reports applicable to PaeTec in accordance with the requirements of said FCC Merger Order.

 

1.10 All notices, affidavits, exemption-certificates or other communications to PaeTec under Section 41.6 of Appendix 1 hereto shall be sent to the following address:

 

PaeTec Communications, Inc.

Attn: Ms. VanDruff

Manager of Tax and Accounting

290 Woodcliff Drive

Fairport, New York 14450

Facsimile: (716) 385-8994

Phone: (716) 340-2500

 

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1.11 All notices, affidavits, exemption-certificates or other communications to BA under Section 41.6 of Appendix 1 hereto shall be sent to the following address:

 

Tax Administration

Bell Atlantic Corporation

1095 Avenue of the Americas

Room 3109

New York, New York 10036

 

1.12 Notices to PaeTec under Section 41.9 of Appendix 1 hereto shall be sent to the following address:

 

PaeTec Communications, Inc.

Attn: Mr. Ambrosi

    Manager of Regulatory Affairs

290 Woodcliff Drive

Fairport, New York 14450

Facsimile: (716) 340-2563

Phone: (716) 340-2500

 

1.13 Notices to BA under Section 41.9 of Appendix 1 hereto shall be sent to the following address:

 

President - Telecom Industry Services

Bell Atlantic Corporation

1095 Avenue of the Americas

40 ^th Floor

New York, New York 10036

Facsimile: (212) 597-2585

 

with a copy to:

 

Bell Atlantic Network Services, Inc.

Attn: Mr. Jack H. White,

    Associate General Counsel

1320 N. Court House Road, 8 ^th Floor

Arlington, Virginia 22201

Facsimile: (703) 974-0744

 

with a copy to:

 

Vice President and General Counsel

Bell Atlantic - New York

1095 Avenue of the Americas

40 ^th Floor

New York, New York

Facsimile: (212) 597-2560

 

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1.14 Attachment 4.0 set forth at Appendix 2 hereto shall replace and supersede in it’s entirety Attachment Schedule 4.0 of Appendix 1 hereto.

 

2.0

Clarifications

 

2.1 BA has entered into this Agreement in accordance with the requirements of 47 USC § 252(i), but has advised PaeTec that BA disputes the applicability of the Separate Agreement’s Reciprocal Compensation arrangements to Internet traffic (herein the “Disputed Issue”). PaeTec believes that the Separate Agreement’s Reciprocal Compensation arrangements apply to Internet traffic, but acknowledges that PaeTec and BA disagree as to the meaning of the Separate Agreement with respect to the Disputed Issue, and that BA’s execution of this Agreement does not constitute a voluntary adoption or reaffirmation of the Separate Agreement, an admission that any provision of the Separate Agreement (or PaeTec’s interpretation thereof) is lawful or reasonable, or a release or waiver of BA’s claims and defenses pertaining to the Disputed Issue. The entry into, filing and performance by the Parties of this Agreement does not in any way constitute a waiver by either Party of any of the rights and remedies it may have to seek review of any of the provisions of this Agreement or the Separate Agreement, or to petition the Commission, other administrative body or court for reconsideration or reversal of any determination made by any of them, or to seek enforcement or review in any way of any portion of this Agreement or the Separate Agreement in connection with the Disputed Issue or PaeTec’s election under 47 USC § 252(i).

 

2.2 Notwithstanding any provision of this Agreement, the BA shall have no obligation to perform under this Agreement until such time as PaeTec has obtained a Certificate of Public Convenience and Necessity (CPCN) or such other Commission authorization as may be required by law as a condition for conducting business in the State of New York as a local exchange carrier.

 

[Intentionally Left Blank]

 

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of this 24th day of November, 1998.

 

PAETEC COMMUNICATIONS, INC.						BELL ATLANTIC - NEW YORK
By:		/s/ Richard Ottalagana				By:		/s/ Jeffrey A. Masoner
Printed:		Richard Ottalagana				Printed:		Jeffrey A. Masoner
Title:		Executive Vice President				Title:		Vice-President - Interconnection Services Policy & Planning

 

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Appendix 1

 

 

NEW YORK INTERCONNECTION AGREEMENT

UNDER SECTIONS 251 AND 252

OF THE TELECOMMUNICATIONS ACT OF 1996

 

Dated as of November 11, 1997

 

by and between

 

NEW YORK TELEPHONE COMPANY (d/b/a BELL ATLANTIC – NEW YORK)

 

and

 

ACC NATIONAL TELECOM CORP.

 

 

TABLE OF CONTENTS

 

 

i

 

ii

 

 

iii

 

NEW YORK INTERCONNECTION AGREEMENT

UNDER SECTIONS 251 AND 252

OF THE TELECOMMUNICATIONS ACT OF 1996

 

This Interconnection Agreement under Sections 251 and 252 of the Telecommunications Act of 1996 is effective the 11th day of November, 1997 (the “Effective Date”), by and between ACC National Telecom Corp. (“ANTC”) 400 West Avenue, Rochester, NY 14611 and New York Telephone Company d/b/a, Bell Atlantic — New York (“NYNEX” or “NYT”), a New York corporation with offices at 1095 Avenue of the Americas, New York, NY 10036.

 

WHEREAS, the Parties want to interconnect their networks at mutually agreed upon points of interconnection to provide Telephone Exchange Services (as defined below) and Exchange Access (as defined below) to their respective Customers.

 

WHEREAS, ANTC wishes to purchase, and NYNEX wishes to provide, Unbundled Network Elements (as defined below) and Wholesale Services (as defined below) and other facilities and services as provided hereunder as prescribed by the Act.

 

WHEREAS, the Parties are entering into this Agreement to set forth the respective obligations of the Parties and the terms and conditions under which the Parties will interconnect their networks and provide other services as required by the Act (as defined below) and additional services as set forth herein.

 

NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ANTC and NYNEX hereby agree as follows:

 

1.0	DEFINITIONS

 

1.1 As used in this Agreement, the following terms shall have the meanings specified below in this Section 1.1. For convenience of reference only, the definitions of certain terms that are As Defined in the Act (as defined below) are set forth in Attachment 1.0.

 

1.1.1 “Act” or the “Telecommunications Act” means the Communications Act of 1934 (47 U.S.C. 151), as amended by the Telecommunications Act of 1996, and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the PSC.

 

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1.1.2 “ADSL” or “Asymmetrical Digital Subscriber Line” means a transmission technology which transmits an asymmetrical digital signal using one of a variety of line codes as specified in ANSI standards T1.413-1995-007R2.

 

1.1.3 “Agreement” means this Interconnection Agreement under Sections 251 and 252 of the Telecommunications Act of 1996 by and between NYT and ANTC dated as of the date first above written, including all attachments hereto.

 

1.1.4 “Affiliate” is As Defined in the Act.

 

1.1.5 “As Defined in the Act” means as specifically defined by the Act and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the PSC.

 

1.1.6 “As Described in the Act” means as described in or required by the Act and as from time to time interpreted in the duly authorized rules and regulations of the FCC or the PSC.

 

1.1.7 “Attachment” means any attachment referenced in and appended to this Agreement and made a part hereof. The Attachments are as follows:

 

 

1.1.8 “Automatic Number Identification” or “ANI” means a Feature Group D signaling parameter which refers to the number transmitted through a network identifying the billing number of the calling party.

 

1.1.9 “Busy Line Verification/Busy Line Verification Interrupt Traffic” or “BLV/BLVI Traffic” means an operator service call in which the caller inquires as to the busy status of or requests an interruption of a call on another Customer’s Telephone Exchange Service line.

 

1.1.10 “Calling Party Number” or “CPN” is a Common Channel Interoffice Signaling (“CCIS”) parameter which refers to the number transmitted through a network identifying the calling party.

 

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1.1.11 “Central Office Switch” means a switch used to provide Telecommunications Services, including, but not limited to:

 

(a) “End Office Switches” which are used to terminate Customer station Links for the purpose of interconnection to each other and to trunks; and

 

(b) “Tandem Office Switches” (“Tandems”) which are used to connect and switch trunk circuits between and among other Central Office Switches.

 

A Central Office Switch may also be employed as a combination End Office/Tandem Office Switch.

 

1.1.12 “CCS” means one hundred (100) call seconds.

 

1.1.13 “CLASS Features” means certain CCIS-based features available to Customers including, but not limited to: Automatic Call Back; Call Trace; Caller Identification; Call Return and future CCIS-based offerings.

 

1.1.14 “Collocation” means an arrangement whereby the facilities of one Party (the “Collocating Party”) are terminated in its equipment necessary for Interconnection or for access to Network Elements on an unbundled basis which equipment has been installed and maintained at the premises of a second Party (the “Housing Party”). For purposes of Collocation, the “premises” of a Housing Party are limited to the structure or portion thereof in which such Housing Party has the exclusive right of occupancy, or where such right does not exist, exercises such control that it has the right to permit the Collocating Party to collocate facilities and equipment at the premises. To the extent the proposed collocation space is leased to NYNEX, ANTC’s right to occupy such space (or a portion thereof) is subject in all respects to NYNEX’s rights with respect to such leased premises under such lease. NYNEX shall have the right to vacate such leased space (in whole or in part) or to modify, alter or amend the lease in any manner, including in such manner which would modify ANTC’s rights with respect to such collocation space, or which would preclude NYNEX from sub leasing or licensing use of such space to ANTC; provided, however, NYNEX shall not base its decision to vacate such space or to agree to a modification, alteration or amendment of the lease for the primary purpose of denying ANTC its right to collocate in such space; and provided, however, further, that NYNEX shall in good faith seek to preserve in its lease any right NYNEX may have to allow ANTC to collocate in such space.

 

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1.1.15 “Commission” or “PSC” means the New York Public Service Commission.

 

1.1.16 “Common Channel Interoffice Signaling” or ”CCIS” means the signaling system, developed for use between switching systems with stored-program control, in which all of the signaling information for one or more groups of trunks is transmitted over a dedicated high-speed data link rather than on a per-trunk basis and, unless otherwise agreed by the Parties, the CCIS used by the Parties shall be SS7.

 

1.1.17 “Cross Connection” means a connection provided pursuant to Collocation at the Digital Signal Cross Connect, Main Distribution Frame or other suitable frame or panel between (i) the Collocating Party’s equipment and (ii) the equipment or facilities of the Housing Party.

 

1.1.18 “Customer” means a Telecommunications Carrier or end user that subscribes to residence or business Telecommunications Services provided by either of the Parties.

 

1.1.19 “Days” shall mean calendar days unless otherwise designated as “business days”.

 

1.1.20 “Dialing Parity” is As Defined in the Act. As used in this Agreement, Dialing Parity refers to both Local Dialing Parity and Toll Dialing Parity. “Local Dialing Parity” is As Defined in the Act and means the ability of Telephone Exchange Service Customers of a LEC to select a provider and make local calls without dialing extra digits. “Toll Dialing Parity” is As Defined in the Act and means the ability of Telephone Exchange Service Customers of a LEG to place toll calls (interLATA or intraLATA) which are routed to a toll carrier (intraLATA or interLATA) of their selection without dialing access codes or additional digits and with no unreasonable dialing delay. “Toll Dialing Parity” provides a Party’s Customer with the ability to select a carrier as its interLATA toll provider and select the same or a different carrier as its intraLATA provider.

 

1.1.21 “Digital Signal Level” means one of several transmission rates in the time-division multiplex hierarchy.

 

1.1.22 “Digital Signal Level 0” or “DS0” means the 64 Kbps zero-level signal in the time-division multiplex hierarchy.

 

1.1.23 “Digital Signal Level 1” or ”DS1” means the 1.544 Mbps first-level signal in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS1 is the initial level of multiplexing.

 

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1.1.24 “Digital Signal Level 3” or “DS3” means the 44.736 Mbps third-level in the time-division multiplex hierarchy. In the time-division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing.

 

1.1.25 “Direct Customer Access Service” or “DCAS” is an electronic interface system provided by NYNEX to facilitate the ordering, provisioning and maintenance of various facilities, features and services provided by NYNEX including: interconnection arrangements, unbundled network elements, resale of retail services provided at wholesale rates and other offerings.

 

1.1.26 “Exchange Message Record” or “EMR” means the standard used for the exchange of Telecommunications message information among Telecommunications providers for billable, non-billable, sample, settlement and study data. EMR format is contained in Bellcore Practice BR-010-200-010 CRIS Exchange Message Record.

 

1.1.27 “Exchange Access” is As Defined in the Act.

 

1.1.28 “FCC” means the Federal Communications Commission.

 

1.1.29 “Fiber-Meet” means an Interconnection architecture method limited only by technical feasibility (other than Collocation) whereby the Parties physically Interconnect their networks via an optical fiber interface (as opposed to an electrical interface) at a mutually agreed upon location.

 

1.1.30 “High-Bit Rate Digital Subscriber Line” or “HDSL” means a transmission technology which transmits over two (2) twisted cable pairs up to a DS1-level signal, using any one of the following line codes: 2 Binary /1 Quartenary (“2B1Q”), Carrierless AM/PM, Discrete Multitone (“DMT”), or 3 Binary /1 Octel (“3BO”). Only unloaded and non-repeated twisted cable pairs that do not exceed a technical length limitation can support HDSL capabilities.

 

1.1.31 “Information Service” is As Defined in the Act.

 

1.1.32 “Information Service Traffic” means Local Traffic or IntraLATA Toll Traffic which originates on a Telephone Exchange Service line and which is addressed to an Information Service provided over a Party’s information services platform.

 

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1.1.33 “Integrated Digital Loop Carrier” means a subscriber loop carrier system which integrates within the switch, generally at a DS1 level, twenty-four (24) local Link voice grade equivalent transmission paths combined into a 1.544 Mbps digital signal.

 

1.1.34 “Interconnection” is As Described in the Act and refers to the connection of a network, equipment, or facilities of one Telecommunications Carrier with the network, equipment, or facilities of another Telecommunications Carrier for the purpose of transmission and routing of Telephone Exchange Service traffic and Exchange Access traffic.

 

1.1.35 “Interexchange Carrier” or “IXC” means a carrier that provides, directly or indirectly, interLATA or intraLATA Telephone Toll Services.

 

1.1.36 “Interim Telecommunications Number Portability” or “INP” is As Described in the Act.

 

1.1.37 “InterLATA Service” is As Defined in the Act.

 

1.1.38 “Integrated Services Digital Network” or “ISDN” means a switched network service that provides end-to-end digital connectivity for the simultaneous transmission of voice and data. Basic Rate Interface-ISDN (“BRI-ISDN”) provides for a digital transmission of two 64 Kbps bearer channels and one 16 Kbps data channel (“2B+D”).

 

1.1.39 “IntraLATA Toll Traffic” means those intraLATA station calls that are not defined as Local Traffic in this Agreement.

 

1.1.40 “Joint Grooming Plan” means the initial plan agreed to by the Parties within three (3) months of the Effective Date which is substantially similar to the template provided by NYNEX to ANTC on or about March 5, 1997, as modified from time to time as mutually agreed to by the Parties.

 

1.1.41 “Laws” means any statute, rule, regulation, applicable ruling of a court of competent jurisdiction, or any FCC or PSC decision, order, or ruling.

 

1.1.42 “Local Access and Transport Area” or “LATA” As Defined in the Act means a contiguous geographic area:

 

(a) established before the date of the enactment of the Telecommunications Act of 1996 by a Bell Operating Company such that no exchange area includes points within more than one (1) metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or

 

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(b) established or modified by a Bell Operating Company after such date of enactment and approved by the PSC.

 

For purposes of this Agreement, NYNEX operates in six discrete LATAs within New York State. They are:

 

 

In addition, the Rochester area is considered a separate, seventh LATA; however, NYNEX currently does not operate in that area of the State. Telephone calls that originate and terminate within any one of the seven New York State LATAs are classified as IntraLATA intrastate calls. Telephone calls that originate in one of the seven LATAs and terminate in another of these seven LATAs are classified as InterLATA intrastate calls. Calls that originate in any one of these seven LATAs and terminate in a different LATA in any other state or in a foreign country are classified as InterLATA interstate calls.

 

1.1.43 “Local Exchange Carrier” or “LEC” is As Defined in the Act.

 

1.1.44 “Local Link Transmission” or “Link” means the entire transmission path which extends from the network interface/demarcation point at a Customer’s premises to the Main Distribution Frame or other designated frame or panel in a Party’s Wire Center which serves the Customer. Links are defined by the electrical interface rather than the type of facility used.

 

1.1.45 “Loss” or “Losses” means any and all losses, costs (including court costs), claims, damages (including fines, penalties, and criminal or civil judgments and settlements), injuries, liabilities and expenses (including attorneys’ fees).

 

1.1.46 “Main Distribution Frame” or “MDF” means the distribution frame of the Party providing the Link used to interconnect cable pairs and line and trunk equipment terminals on a switching system.

 

1.1.47 “Meet-Point Billing” means the process whereby each Party bills the appropriate tariff rate for its portion of a jointly provided Switched Exchange Access Service as agreed to pursuant to Section 8.3.

 

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1.1.48 “Network Element” is As Defined in the Act.

 

1.1.49 “Network Element Bona Fide Request” means the process described in Attachment BFR that prescribes the terms and conditions relating to a Party’s request that the other Party provide a Network Element not otherwise provided by the terms of this Agreement.

 

1.1.50 “North American Numbering Plan” or “NANP”, as defined in “Bellcore Special Report SR-TSV-002275, BOC Notes on the LEC Networks - Signaling” means the numbering plan used in the United States, Canada, Bermuda, Puerto Rico and other defined areas. The NANP format is a 10-digit number that consists of a 3-digit NPA code (commonly referred to as the area code), followed by a 3-digit NXX code and 4-digit line number.

 

1.1.51 “Number Portability” is As Defined in the Act.

 

1.1.52 “NXX” means the three-digit code which appears as the first three digits of a seven digit telephone number.

 

1.1.53 “Party” means either NYNEX or ANTC, and “Parties” means NYNEX and ANTC.

 

1.1.54 “Port” means a termination on a Central Office Switch that permits Customers to send or receive Telecommunications over the public switched network, but does not include switch features or switching functionality.

 

1.1.55 “Point of Termination Bay” or “POT Bay” means the intermediate distributing frame system which serves as the point of demarcation for collocated interconnection.

 

1.1.56 “Rate Center” means the specific geographic point which has been designated by a given LEC as being associated with a particular NPA-NXX code which has been assigned to the LEC for its provision of Telephone Exchange Service. The Rate Center is the finite geographic point identified by a specific V&H coordinate, which is used by that LEC to measure, for billing purposes, distance-sensitive transmission services associated with the specific Rate Center. Rate Centers will be identical for each Party until such time as ANTC is permitted by an appropriate regulatory body to establish its own Rate Centers within an area.

 

1.1.57 “Reciprocal Compensation” is As Described in the Act.

 

1.1.58 “Reciprocal Compensation Call” or “Reciprocal Compensation Traffic” means a Telephone Exchange Service Call completed

 

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between the Parties which qualifies for Reciprocal Compensation pursuant to the terms of this Agreement and any applicable Law.

 

1.1.59 “Route Indexing” means the provision of Interim Number Portability through the use of direct trunks provisioned between end offices of NYNEX and ANTC over which inbound traffic to a ported number will be routed.

 

1.1.60 “Routing Point” means a location which a LEC has designated on its own network as the homing (routing) point for inbound traffic to one or more of its NPA-NXX codes. The Routing Point is used to calculate mileage measurements for the distance-sensitive transport element charges of Switched Exchange Access Service. Pursuant to Bell Communications Research, Inc. (“Bellcore”) Practice BR 795-100-100 (the “Bellcore Practice”), the Routing Point (referred to as the “Rating Point” in such Bellcore Practice) may be an End Office Switch location or a “LEC Consortium Point of Interconnection.”

 

1.1.61 “Service Control Point” or “SCP” means a component of the signaling network that acts as a database to provide information to another component of the signaling network (i.e., Service Switching Point or another SCP) for processing or routing certain types of network calls. A query/response mechanism is typically used in communicating with an SCP.

 

1.1.62 “Signaling Transfer Point” or “STP” means a component of the signaling network that performs message routing functions and provides information for the routing of messages between signaling network components. An STP transmits, receives and processes CCIS messages.

 

1.1.63 “Switched Exchange Access Service” means the offering of transmission or switching services to Telecommunications Carriers for the purpose of the origination or termination of Telephone Toll Service. Switched Exchange Access Services include: Feature Group A, Feature Group B, Feature Group D, 800/888 access, and 900 access and their successors or similar Switched Exchange Access services.

 

1.1.64 “Synchronous Optical Network” or “SONET” means an optical interface standard that allows inter-networking of transmission products from multiple vendors. The base transmission rate is 51.84 Mbps (“OC-1/STS-1”) and higher rates are direct multiples of the base rate.

 

1.1.65 “Technically Feasible Point” is As Described in the Act.

 

1.1.66 “Telecommunications” is As Defined in the Act.

 

1.1.67 “Telecommunications Carrier” is As Defined in the Act.

 

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1.1.68 “Telecommunications Service” is As Defined in the Act.

 

1.1.69 “Telephone Exchange Service” is As Defined in the Act.

 

1.1.70 “Telephone Exchange Service Call” or “Telephone Exchange Service Traffic” means a call completed between two Telephone Exchange Service Customers of the Parties located in the same LATA, originated on one Party’s network and terminated on the other Party’s network where such call was not carried by a third party as either a presubscribed call (1+) or a casual dialed (10XXX) or (101XXX) call. Telephone Exchange Service Traffic is transported over Traffic Exchange Trunks and qualifies for Reciprocal Compensation pursuant to the terms of this Agreement.

 

1.1.71 “Telephone Toll Service” is As Defined in the Act.

 

1.1.72 “Unbundled Network Element” or “UNE” is As Defined by the Act.

 

1.1.73 “Wholesale Service” shall mean any Telecommunications Service that NYNEX provides at retail to subscribers who are not Telecommunications Carriers and which is provided to Telecommunications Carriers pursuant to Section 251 (c)(4) of the Act.

 

1.1.74 “Wire Center” means an occupied structure or portion thereof in which a Party has the exclusive right of occupancy (or where such right does not exist, exercises such control that it has the right to permit the Collocating Party to collocate facilities and equipment at the premises subject to the limitations set forth in Section 1.1.14 hereof) and is the premises at which is located one or more local End Office Switches and is a point at which Links (loops) used to provision end user’s Local Exchange Service converge for a given area.

 

1.2 Other Definitional Provisions .

 

The terms defined in this Article include the plural as well as the singular. Unless otherwise expressly stated, the words “herein”, “hereof”, “hereunder”, and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision. Article, Section, Paragraph and Attachment references refer to Articles, Sections and Paragraphs of, and Attachments to, this Agreement. The words “include” and “including” shall not be construed as terms of limitation.

 

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2.0	INTERPRETATION AND CONSTRUCTION

 

All references to Sections and Attachments shall be deemed to be references to Sections of, and Attachments to, this Agreement unless the context shall otherwise require. The headings of the Sections and the terms defined in Attachment 1.0 are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of this Agreement. Unless otherwise stated, any reference to any agreement, other instrument (including NYNEX or other third party offerings, guides or practices), or tariff is for convenience of reference only and is not intended to be a part of, or incorporated into, this Agreement.

 

The terms and conditions of any and all Attachments hereto as amended from time to time by mutual agreement of the Parties are incorporated herein by reference and shall constitute part of this Agreement as if fully set forth herein. This Agreement shall be construed and/or interpreted wherever possible to avoid conflict between the provisions hereof and the Attachments hereto, provided that if such a conflict shall arise with any Attachment, the provisions of this Agreement shall control, unless otherwise designated.

 

3.0

SCOPE

 

This Agreement sets forth the terms and conditions under which ANTC and NYNEX will interconnect their respective networks to enable ANTC to provide Telecommunications Services consistent with the rights and obligations set forth in Sections 251 and 252 of the Act.

 

4.0	INTERCONNECTION PURSUANT TO SECTION 251(c)(2)

 

Subject to the terms and conditions of this Agreement, Interconnection of the Parties’ facilities and equipment pursuant to Section 4 for the transmission and routing of Telephone Exchange Service traffic and Exchange Access traffic shall be established on or before the corresponding “Interconnection Activation Date” shown for each such LATA within the State of New York on Attachment 4.0. Attachment 4.0 may be revised and supplemented from time to time upon the mutual agreement of the Parties by attaching a supplementary attachment to Attachment 4.0. Interconnection in a LATA shall be accomplished through either (i) a Fiber-Meet as provided in Section 4.2, (ii) Collocation as provided in Section 18, (iii) any other Interconnection method allowed by applicable tariff, Act, rule or regulation, or (iv) any other Interconnection method to which the Parties may agree.

 

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4.1 Scope

 

The physical architecture for Interconnection of the Parties’ facilities and equipment for the transmission and routing of Telephone Exchange Service Traffic and Exchange Access traffic pursuant to Section 251(c)(2) of the Act shall be configured as set forth in the Parties’ Joint Grooming Plan. The configuration of specific logical trunk groups (and traffic routing parameters) and the physical connections described herein related to the transmission and routing of Telephone Exchange Service Traffic and Exchange Access traffic, respectively shall also be set forth in the Parties’ Joint Grooming Plan. Other trunk groups, as described in this Agreement, may be configured using this architecture.

 

4.2 Physical Architecture

 

In each LATA identified on Attachment 4.0, ANTC and NYNEX shall configure network interconnection arrangements as set forth in the Parties’ Joint Grooming Plan. Both Parties, to the extent technically feasible, will provide a diverse, reliable network that incorporates, where available, the most advanced, practicable technologies.

 

4.2.1 The network architecture established in the Joint Grooming Plan will meet the following minimum criteria:

 

(a) The Parties shall establish physical interconnection points at the locations designated on Attachment 4.0. Points on the ANTC network from which ANTC will provide transport and termination of traffic are designated as the ANTC Interconnection Points (“A-IP”). Points on the NYNEX network from which NYNEX will provide transport and termination of traffic are designated as the NYNEX Interconnection Points (“N-IP”). Consistent with the Act, ANTC may designate any additional interconnection points at any technically feasible location on NYNEX’s network.

 

(b) Each Party will provide owned or leased facilities to deliver traffic originated on its respective networks to the designated interconnection points of the other Party’s network. The Party terminating the traffic will be responsible for all transport and termination of calls beyond the designated interconnection point.

 

4.2.2 The Parties may implement one of the following configurations, unless an alternative plan is mutually agreed to by both parties. NYNEX may not unreasonably disagree to any technically feasible alternative plan.

 

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(a) A jointly maintained SONET network, in which each Party is responsible for the procurement, installation, and maintenance of mutually agreed-upon Optical Line Terminating Multiplexer (“OLTM”) equipment at its respective premises. Additionally, each Party will be responsible for the installation and maintenance of one-half of a fiber optic ring; or

 

(b) Interconnection of networks at an optical level via a Fiber Meet or other comparable means.

 

4.2.3 The Parties agree to allow interim alternatives to the architecture described in Section 4.2, utilizing electrical hand-offs, provided the Parties mutually develop and agree on a plan to fully transition to an arrangement reflective of Section 4.2 in that LATA within one hundred and eighty (180) Days following the Interconnection Activation Date listed for that LATA in Attachment 4.0.

 

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4.3 Technical Specifications

 

4.3.1 ANTC and NYNEX shall cooperate to install and maintain a reliable network such that each of the Parties shall maintain a grade of service of at least B.01 with respect to exchanged traffic. ANTC and NYNEX shall exchange appropriate information (e.g., maintenance contact numbers, network and traffic load information, information required to comply with law enforcement and other security agencies of the Government and such other information as the Parties shall mutually agree) to achieve this desired reliability. The Parties will designate within 30 Days of the Effective Date the necessary contact persons and timing requirements for the exchange of such information, which shall be set forth in the Joint Grooming Plan.

 

4.3.2 ANTC and NYNEX shall apply sound network management principles by invoking network management controls to alleviate or to prevent congestion.

 

4.3.3 The Parties shall implement, to the extent technically feasible, the practices, procedures, specifications and interfaces established in the publication “Bellcore Technical Publication TR-INS-000342; High Capacity Digital Special Access Service, Transmission Parameter Limits and Interface Combinations” in meeting their respective Interconnection responsibilities related to Electrical/Optical Interfaces.

 

4.4 Interconnection in Additional LATAs

 

4.4.1 If ANTC decides to offer Telephone Exchange Services in any other LATA not identified in Attachment 4.0 in which NYNEX also offers Telephone Exchange Services in New York State, ANTC shall provide written notice to NYNEX of the need to establish Interconnection in such LATA pursuant to this Agreement.

 

4.4.2 The notice provided in Section 4.4.1 shall include (i) the initial Routing Point ANTC has designated in the new LATA; (ii) ANTC’s requested Interconnection Activation Date; and (iii) a non-binding forecast of ANTC’s trunking requirements.

 

4.4.3 Unless otherwise agreed by the Parties, the Parties shall designate the Wire Center ANTC has identified as its initial Routing Point in the LATA as the A-IP in that LATA and shall designate the NYNEX Tandem Office Wire Center within the LATA nearest to the A-IP (as measured in airline miles utilizing the V&H coordinates method) as the N-IP in that LATA.

 

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4.4.4 Unless otherwise agreed by the Parties, the Interconnection Activation Date in each new LATA shall be the earlier of (i) the date mutually agreed by the Parties or (ii) the date that is one-hundred and fifty (150) Days after the date on which ANTC delivered notice to NYNEX pursuant to Section 4.4.1. Within ten (10) business days of NYNEX’s receipt of ANTC’s notice, NYNEX and ANTC shall confirm the N-IP, the A-IP and the Interconnection Activation Date for the new LATA by attaching a supplementary schedule to Attachment 4.0.

 

5.0	TRANSMISSION AND ROUTING OF TELEPHONE EXCHANGE SERVICE TRAFFIC PURSUANT TO SECTION 251(c)(2)

 

5.1 Scope of Traffic

 

Section 5 generally prescribes parameters for trunk groups (the “Traffic Exchange Trunks”) used for the transmission and routing of Local Traffic and Intra LATA Toll Traffic or any other use allowed by the Act between the Parties’ respective Telephone Exchange Service Customers and where such traffic is not presubscribed for carriage by a third party carrier nor carried by a third party carrier as casual dialed (10XXX and 101XXXX) traffic.

 

5.2 Switching System Hierarchy

 

5.2.1 For purposes of this Section 5, each of the following Central Office Switches shall be designated as a “Primary Switch”:

 

(a)

Each Access Tandem NYNEX operates in a LATA;

 

(b)

The initial switch ANTC employs to provide Telephone Exchange Service in a LATA;

 

(c)

Any Access Tandem ANTC may establish for provision of Exchange Access in a LATA;

 

(d)

Any additional switch ANTC may subsequently employ to provide Telephone Exchange Service in a LATA which ANTC may at its sole option designate as a Primary Switch; provided that the total number of ANTC Primary Switches for a LATA may not exceed the total number of NYNEX Primary Switches for that LATA. To the extent ANTC chooses to designate any additional switch as a Primary Switch, it shall provide notice to NYNEX of such designation at least ninety (90) Days in advance of the date on which ANTC activates such switch as a Primary Switch; and

 

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(e)

Any additional tandem switch NYNEX may subsequently employ to provide access and/or sector traffic capacity within a LATA. Traffic destined to sub-tending Secondary Switches routed via such a tandem(s) would be determined by network requirements and notice made available to all LECs at least one hundred and eighty (180) Days prior to service introduction.

 

5.2.2 Each Central Office Switch operated by the Parties which is not designated as a Primary Switch pursuant to Section 5.2.1 shall be designated as a “Secondary Switch”.

 

5.2.3 For purposes of ANTC routing traffic to NYNEX, sub-tending arrangements between NYNEX Primary Switches and NYNEX Secondary Switches shall be the same as the Access Tandem/End Office sub-tending arrangements which NYNEX maintains for those switches. For purposes of NYNEX routing traffic to ANTC, sub-tending arrangements between ANTC Primary Switches and ANTC Secondary Switches shall be the same as the Access Tandem/End Office sub-tending arrangements which ANTC maintains for those switches.

 

5.3 Trunk Group Architecture and Traffic Routing

 

The Parties shall jointly engineer and configure Traffic Exchange Trunks over the physical Interconnection arrangements for the transport and termination of Telephone Exchange Service Traffic or any other use allowed under the Act, as follows:

 

5.3.1 The Parties shall initially configure a separate two-way trunk group, and operate as one-way or two-way as mutually agreed to by both Parties, as a direct transmission path between each ANTC Primary Switch and each NYNEX Primary Switch.

 

5.3.2 Notwithstanding anything to the contrary in this Section 5, if the two-way traffic volumes between any two Central Office Switches (whether Primary-Primary, Primary-Secondary or Secondary-Secondary) exceed the CCS busy hour equivalent of one DS1 on a regular or consistent basis, the Parties shall add trunks or establish new direct trunk groups as soon as feasible after such occurrence (but in no case later than the time periods set forth in Attachment SQ) consistent with the grades of service and quality parameters set forth in the Joint Grooming Plan.

 

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5.4 Signaling

 

5.4.1 Where available, CCIS signaling shall be used by the Parties to set up calls between the Parties’ Telephone Exchange Service networks. If CCIS signaling is unavailable, MF (Multi-Frequency) signaling shall be used by the Parties. Each Party shall charge the other Party equal and reciprocal rates for CCIS signaling based on (at ANTC’s sole option): (i) applicable tariffs, or (ii) ANTC’s selection of another carrier’s rates for signaling, subject to the same terms and conditions, unless otherwise agreed to in writing. During the term of this Agreement neither Party shall charge the other Party additional usage-sensitive rates for SS7 queries (including, but not limited to Transactional Capabilities Application Part (“TCAP”) and Integrated Services Digital Network User Part (“ISUP”) made for Local Traffic interexchanged between the Parties.

 

5.4.2 Each Party shall comply with the practices, procedures and specifications established in the following Bellcore publication “Bellcore Special Report SR-TSV-002275, BOC Notes on the LEC Networks - Signaling,” at least to the extent reasonably necessary to allow the other Party to meet its respective Interconnection responsibilities related to signaling.

 

5.4.3 The Parties will cooperate in the exchange of TCAP messages to facilitate interoperability of CCIS-based features between their respective networks, including all CLASS features and functions, to the extent each Party offers such features and functions to its Customers, subsidiaries or affiliates, or to the extent allowed by Law. If a Party provides CCIS signaling, it shall provide all CCIS signaling parameters including calling party number (“CPN”), originating line information (“OLI”), calling party category and charge number.

 

5.4.4 Each Party shall provide trunk groups where facilities are available that are configured utilizing the B8ZS ESF protocol for 64 Kbps clear channel transmission (or an other appropriate and agreed upon method) to allow for ISDN interoperability between the Parties’ respective networks.

 

5.5 Grades of Service

 

The Parties shall initially engineer and shall jointly monitor and enhance all trunk groups consistent with the grade of service set forth in (i) Section 4.3, (ii) Attachment SQ and (iii) any standards established by the Joint Grooming Plan, as may be modified by the PSC in the, NY PSC Case No. 97-C-0139, hereinafter “Service Quality Proceeding”.

 

6.0	MEASUREMENT AND BILLING

 

This Section 6 shall apply to all Services and facilities (including Wholesale Service) offered hereunder, unless otherwise noted.

 

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6.1 For purposes of billing interconnection traffic only, each Party shall pass Calling Party Number (CPN) information on each call carried over the Local/lntraLATA Trunks; provided that so long as the percentage of calls passed with CPN is greater than ninety percent (90%), all calls exchanged without CPN information shall be billed as either Local Traffic or IntraLATA Toll Traffic in direct proportion to the minutes of use of calls exchanged with CPN information.

 

6.2 For terminating Reciprocal Compensation and for Call Usage Detail Services (“CUDS”) records, measurement of billing minutes shall be in actual conversation seconds.

 

6.3 Originating FGB 800/888 calls will be measured ( i.e. , recorded) by the Parties, and service chargeable originating access minutes will be derived from recorded minutes as described in the following steps:

 

6.3.1 Parties shall obtain recorded originating FGB 800/888 minutes and messages from the appropriate recording data. The Parties shall derive the total attempts by dividing the originating measured messages by the Completion Ratio (“CR”). CRs are obtained separately for 800/888 traffic from a sample study which analyzes the ultimate completion status for the total attempts which receive acknowledgment from Customer [Measured Message divided by CR = Total Attempts]

 

6.3.2 The Parties shall obtain the total Non-Conversion Time Additive (“NCTA”) by multiplying the Total Attempts by the NCTA per attempt ratio. The NCTA per attempt ratio is obtained from the sample study identified above by measuring the non-conversation time associated with both complete and incomplete attempts. The NCTA is the time on a completed attempt from customer acknowledgment of receipt of call to called party answer (set up and ringing) plus the time on an uncompleted attempt from customer acknowledgment of call until the access tandem or end office receives a disconnect signal (ring-no answer, busy or network blockage). [Total Attempts x NCTA = Total NCTA]

 

6.3.3 The Parties shall obtain total chargeable originating access minutes by adding the total NCTA to the recorded originating measured minutes. [Measured Minutes + NCTA = Chargeable Originating Access Minutes.]

 

6.3.4 For FGB 800/888 calls, usage measurement begins when the originating FGB entry switch receives answer supervision from the Customer’s point of termination, indicating the called party has answered. The measurement of call usage over FGB ends when the originating FGB entry switch receives disconnect supervision from either (a) the originating end user’s

 

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end office, indicating the originating end user has disconnected, or (b) the customer’s point of termination, whichever is recognized first by the entry switch.

 

6.4 Where CPN is not available in a LATA for greater than ten percent (10%) of the traffic, the Party sending the traffic shall provide factors to determine the jurisdiction, as well as local vs. toll distinction, of the traffic. Such factors shall be supported by call record details that will be made available for review upon request. Both Parties are responsible for maintaining applicable call record detail. If a Party is not properly receiving the information, it must notify the Party passing CPN in a prompt fashion. Where a Party is passing CPN but the receiving Party is not properly receiving or recording the information, the Parties shall cooperatively work to correctly identify the traffic, and establish a mutually agreeable mechanism that will prevent improperly rated traffic. Notwithstanding this, if any improperly rated traffic occurs, the Parties agree to reconcile it. Any amounts in dispute shall be resolved pursuant to Section 37.2 (Dispute Resolution).

 

6.5 Call Detail Provisioning

 

6.5.1 The Parties shall provide the relevant call detail on at least a twice monthly basis. A Party shall honor a written request to increase the frequency as the volume of call detail increases. Should a Party make such a request, the other Party shall respond within three (3) weeks to address the request and shall comply, where technically feasible, within six (6) weeks of the request.

 

6.5.2 For Wholesale Services, alternatively billed calls, operator services and 800 traffic, the call detail recipient agrees to give the call detail provider notification within two weeks of receipt of data of any discrepancy uncovered, including but not limited to unusable data or data that falls outside of the parameters established by historic averages. Within five (5) business days of receipt of such notification from the call detail recipient, the call detail provider will furnish correct data or notify the call detail recipient that a root cause analysis will be conducted by the call detail provider. The results of the root cause analysis shall be furnished to the call detail recipient within the subsequent ten (10) business days. If the results demonstrate either an isolated or systemic problem with the provision of accurate call detail information, the call detail provider shall take all steps necessary to correct the problem within twenty (20) business days (e.g. provide, where available, all relevant call detail and implement procedures to insure that systemic problems are corrected.) Within this same time, the call detail recipient shall use all commercially reasonable efforts to determine if the cause of the problem is internal to the call detail recipient’s network.

 

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6.5.3 No further action will be required of either Party if the call detail provider is unable to provide the call detail recipient with the correct data within the time period specified in Subsection 6.5.2. and the call detail provider is unable to render a bill to the call detail recipient for usage relating to such data.

 

6.5.4 In the event that (a) the call detail provider fails to take corrective action as required by Subsection 6.5.2, or (b) if the call detail provider is unable to provide the call detail information to the call detail recipient as a result of the call detail provider’s gross negligence or willful misconduct, and a bill for such usage is issued by the call detail provider, the call detail recipient may seek to withhold payment of the bill and contest its obligation to pay such amounts pursuant to the terms of Section 37.2 of this Agreement (except for Wholesale Services billing disputes, which shall be governed by the provisions of Section 16.7 of this Agreement). Notwithstanding the call detail provider’s inability to provide call detail information to the call detail recipient, the call detail recipient shall use reasonable efforts in accordance with industry practice to attempt to bill and collect for such calls from its Customer. In addition, the call detail recipient shall pay the call detail provider for usage to the extent the call detail recipient is able to collect such amounts from its Customer.

 

6.6 The Parties shall provide invoices and bills as follows:

 

6.6.1. The Parties shall provide monthly invoices in an industry standard format, unless otherwise agreed to by the parties. If the Parties elect an alternative billing format they shall establish that format within forty-five (45) Days of such election. The Parties shall also provide, when necessary, call detail as set forth in Subsection 6.5 above.

 

6.6.2. If a Party cannot provide a monthly invoice (the “Invoice”) within ninety (90) Days of usage of a service or the provision of a element or a facility, that Party (the “Billing Party”) shall notify the other Party (the “Billed Party”) and shall use best efforts to submit a statement (the “Estimated Bill”) that is a reasonable estimate of such usage within one-hundred twenty (120) Days of usage of a service or provision of an element or facility. The Estimated Bill will be clearly marked as an Estimated Bill, that the same is being provided by the Billing Party to the Billed Party for information purposes only and that the Billed Party has no obligation to pay the Estimated Bill. If the Billing Party provides an Invoice after 120 Days of usage of a service or the provision of an element or facility the Billing Party shall, to the extent requested by the Billed Party, furnish the necessary backup and support for the Invoice. The Billing Party shall provide such information at the time the Billed Party makes such request, or if such backup or support information is not readily available as soon thereafter as reasonably possible. If the amount of the Invoice is 50 percent (50%) or more above the amount of the Estimated Bill, the Billed Party shall have seventy-five

 

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(75) Days from the date of the Invoice to pay the Invoice without incurring late payment charges. Notwithstanding any language in this Section 6.6.2 to the contrary, nothing in this section shall limit or otherwise constitute a waiver of either Party’s rights under applicable Law.

 

6.6.3. The Parties shall cooperate to facilitate the exchange of electronic versions of the bills and invoices when facilities are available and functional. Until such time the Parties shall provide the bills and invoices in a hard copy format.

 

6.6.4. At least once a year, and more frequently if requested by either Party (but in no case more frequently than four (4) times a year), ANTC and NYNEX shall review the current invoicing and billing format and shall cooperate in optimizing, and if necessary modifying, the timing, location, format and delivery of the bills and invoices.

 

6.6.5. The Parties shall specifically set forth on any and all invoices, any credits (and applicable tax refunds) owed to the other Party for that billing period.

 

6.6.6. The Parties shall specifically set forth on any and all invoices the applicable rate at which the call or service is being billed.

 

6.6.7. The Parties shall not impose any fee for the above services that is not set forth in the Pricing Attachment or mutually agreed to by the Parties.

 

6.6.8. The Parties shall provide each other with a designated individual or individuals that can address any billing or invoice problem, question, or potential dispute.

 

6.6.9. At ANTC’s request, NYNEX shall provide the same level of call detail, availability to billing and measurement interfaces and information, and invoice format that NYNEX provides to any other carrier. ANTC may request, and NYNEX must provide, to the extent not proprietary, models of such information and information regarding alternative billing, measurement and call detail options. If there are costs associated with the development and running of such model, including but not limited to software changes to existing programs, NYNEX shall provide ANTC with an estimate of the costs prior to developing the model and ANTC shall have the option of retracting its request.

 

6.7 Sections 6.5 and 6.6 (except for Subsection 6.6.9) shall remain in effect and enforceable after the termination of this Agreement for any traffic or

 

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usage prior to the termination of the Agreement or period covered by Subsection 27 of the Agreement.

 

6.8 The Parties shall have audit rights as set forth in Section 40 for all billing and performance measurement reporting.

 

7.0	RECIPROCAL COMPENSATION ARRANGEMENTS — SECTION 251(b)(5)

 

7.1 Reciprocal Compensation only applies to the transport and termination of Reciprocal Compensation Traffic billable by NYNEX or ANTC which a Telephone Exchange Service Customer originates on NYNEX’s or ANTC’s network for termination on the other Party’s network, and such other traffic as the FCC may designate or allow, except as provided in Section 7.6 below.

 

7.2 The Parties shall compensate each other for transport and termination of Reciprocal Compensation Traffic in an equal and symmetrical manner at the rate provided in the Pricing Attachment. This rate is to be applied at the A-IP for traffic delivered by NYNEX, and at the N-IP for traffic delivered by ANTC. No additional charges, including port or transport charges, shall apply for the termination of Reciprocal Compensation Traffic delivered to the A-IP or the N-IP. When Reciprocal Compensation Traffic Calls are terminated over the same trunks as Switched Exchange Access Service, any port or transport or other applicable access charges related to the Switched Exchange Access Service shall be prorated to be applied only to the Switched Exchange Access Service.

 

7.3 The Reciprocal Compensation arrangements set forth in this Agreement are not applicable to Switched Exchange Access Service, InterLATA Service or to any IntraLATA calls originated on a third party carrier’s network on a 1+ presubscribed basis or a casual dialed (10XXX or 101XXXX) basis. All Switched Exchange Access Service and all InterLATA Toll Traffic shall continue to be governed by the terms and conditions of the applicable federal and state tariffs.

 

7.4 The rates for termination of Reciprocal Compensation Traffic are set forth in the Pricing Attachment.

 

7.5 Compensation for transport and termination of all traffic which has been subject to performance of INP by one Party for the other Party pursuant to Section 19 shall be as specified in Section 19.6.

 

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7.6 When either Party delivers seven (7) or ten (10) digit translated IntraLATA 800/888 service to the other Party for termination, the originating Party shall provide the terminating Party with billing records in industry standard format (EMR) if required by the terminating Party. When the originating Party provides the record, the originating Party may bill its record provisioning charge. The originating Party may bill the terminating Party for the delivery of the traffic at local Reciprocal Compensation rates. The terminating Party may not bill the originating Party Reciprocal Compensation under this Agreement. The Party that is providing the 800/888 service shall pay the database inquiry charge per the Pricing Attachment to the Party that performed the database inquiry.

 

7.7 The provisions set forth herein are subject to and conditioned on the provisions set forth in Sections 37 (Dispute Resolution) and 40 (Audit Rights).

 

8.0	TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO SECTION 251(c)(2)

 

8.1 Scope of Traffic

 

Section 8 generally prescribes parameters for certain trunk groups (“Access Toll Connecting Trunks”) to be established over the Interconnections specified in Section 4 for the transmission and routing of Exchange Access traffic between ANTC Telephone Exchange Service Customers and IXCs.

 

8.2 Trunk Group Architecture and Traffic Routing

 

8.2.1 The Parties shall jointly establish Access Toll Connecting Trunks by which they will jointly provide tandem-transported Switched Exchange Access Services to Interexchange Carriers to enable such Interexchange Carriers to originate and terminate traffic from/to each Party’s Customers (i.e. each Party shall share equally in the responsibilities, costs and obligations associated with establishing Access Toll Connecting Trunks).

 

8.2.2 Access Toll Connecting Trunks shall be used solely for the transmission and routing of Exchange Access to allow the Parties’ Customers to connect to or be connected to the interexchange trunks of any Interexchange Carrier which is connected to either Party’s Access Tandem.

 

8.2.3 The Access Toll Connecting Trunks shall be two-way trunks, and operated as one-way or two-way as mutually agreed by both Parties, connecting an End Office Switch utilized to provide Telephone Exchange Service and Switched Exchange Access in a given LATA to an Access Tandem Switch utilized to provide Exchange Access in such LATA.

 

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8.3 Meet-Point Billing Arrangements

 

8.3.1 Where ANTC has its own end office switch and NYNEX provides the tandem switch, meet point billing between the Parties for jointly-provided Switched Exchange Access Services on Access Toll Connecting Trunks will be provided as follows: (this does not apply in instances where ANTC resells NYNEX Services, purchases unbundled local switching from NYNEX, or in cases where an alternate tandem provider is involved)

 

(a) The Parties agree to exchange all data necessary to effect Meet-Point Billing on no less than a monthly basis, providing the prior month’s data, in a format in accordance with industry ordering and billing guidelines. Each Party will designate where the other Party shall send the required data.

 

(b) The Parties agree to a “multiple bill, multiple tariff” approach in which each Party presents separate bills to third party toll carriers and each Party applies rates for its portion of the services from its own tariff. The Parties may agree to a “single bill, multiple tariff” approach at a later date.

 

(c) Except as noted in Subsection 8.3.2, the Parties agree that ANTC will be responsible for billing the connecting third party toll carriers on all jointly-provided traffic (as defined in this Section) the following access charges:

 

(i) Carrier Common Line;

 

(ii) Local Switching; and

 

(iii) One Local Transport Termination

 

per ANTC’s applicable tariffs. The Parties further agree that NYNEX will be responsible for billing all other Local Transport, Tandem Switching, and Entrance Facility access charges per its applicable tariffs. Any other applicable charges not outlined in Subsections 8.3.1 or 8.3.2 shall be billed and received as agreed upon by the Parties. If either the FCC or the PSC restructures access in a manner that affects this Meet-Point Billing arrangement, the parties shall negotiate in good faith to ensure that the terms and conditions of this Agreement and the intent of the Parties is preserved.

 

(d) All revenues billed by each Party pursuant to this Section shall be retained by the billing Party.

 

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8.3.2 Until and unless changed by the FCC, on a going forward basis, ANTC shall retain one hundred percent (100%) of the Transport Interconnection Charge/Residual Interconnection Charge in instances in which ANTC provides the End Office switching.

 

8.3.3 Record charges, which are assessed per record provided to enable access billing, are to be reciprocally charged by the Parties as applicable. These charges are outlined in the Pricing Attachment.

 

9.0	TRANSPORT AND TERMINATION OF INFORMATION SERVICES TRAFFIC

 

The Parties agree that ANTC may elect when technically feasible either a bundled or an unbundled billing arrangement applicable either to Mass Service Announcements or applicable to variable rated Information Services.

 

9.1. Bundled Information Provider (“IP”) Billing Arrangement

 

9.1.1 Routing and Provisioning. Each Party shall route Information Service Traffic which originates on its own network to the appropriate information services platform(s) connected to the other Party’s network. Where ANTC uses its own network facilities, ANTC will establish a dedicated trunk group to the NYNEX information services tandem switch. This trunk group will be utilized to allow ANTC to route Information Service Traffic originated on its network to NYNEX. Where ANTC utilizes the NYNEX network through the purchase of unbundled network elements, Information Service Traffic may be routed over NYNEX information service trunks on a shared basis.

 

9.1.2 Information Mass Announcement Services ( e.g . “976” calls). This section is based on the existing regulatory structure per New York State P.S.C. No. 900 tariff, Section 13 G.

 

a) For Information Mass Announcement Service, the Party (“Originating Party”) on whose network the Information Services Traffic originated shall bill and collect such Information Provider charges and remit an amount equal to such charges to the Party (“Terminating Party”) to whose information platform the Information Service Traffic terminated less the Information Service Billing and Collection fee set forth in the Pricing Attachment. The Terminating Party may bill the Originating Party for such charges. The Originating Party shall pay the Terminating Party in full regardless of uncollectible items. This shall apply whether the Originating Party uses its own network or utilizes the other Party’s network through the purchase of unbundled network elements.

 

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b) Upon request, the Party (“Originating Party”) on whose network the Information Service Traffic originated shall provide via electronic file transfer or magnetic tape or whatever means mutually agreed to and readily available to the Parties all recorded call detail information to the Party (Terminating Party) to whose information platform the Information Service Traffic terminated, at the standard price for record transmission. This data shall be in unrated EMR format per OBF/Bellcore standards.

 

9.1.3 Variable Rated Information Services.

 

a) The Party (“Originating Party”) on whose network the Information Service Traffic originated shall provide via electronic file transfer or magnetic tape or other means as available all recorded call detail information to the Party (“Terminating Party”) to whose information platform the Information Service Traffic terminated, at the standard price for record transmission. This data shall be in unrated EMR format per OBF/Bellcore standard. This shall apply whether the Originating Party uses its own network or utilizes the other party’s network through the purchase of unbundled network elements.

 

b) The Terminating Party shall provide to the Originating Party via electronic file transfer or magnetic tape or whatever means mutually agreed to and readily available to the Parties all necessary information to bill the Information Service Traffic to the Originating Party’s Customers pursuant to the Terminating Party’s agreements with each Information Provider, at the standard price for record transmission. Information shall be provided in as timely a fashion as practical in order to facilitate record review and reflect actual prices set by the individual Information Providers. This data will consist of the EMR records previously delivered by the Originating Party, returned to the Originating Party in rated format where possible, or with appropriate indicators populated on error messages. No Billing and Collection fees will be applied to error messages. No taxes will be calculated or paid on the Originating Party’s traffic.

 

c) The Originating Party shall bill and collect such Information Provider charges and remit the amounts collected to the Terminating Party less:

 

(i) The Information Services Billing and Collection fees set forth on the Pricing Attachment; and

 

(ii) Customer adjustments provided by the Originating Party. Adjustments are made for subscriber-priced traffic only.

 

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d) The Terminating Party shall calculate these charges and bill them to the Originating Party for remittance.

 

e) The Originating Party shall provide to the Terminating Party sufficient information regarding uncollectibles and customer adjustments. The Terminating Party shall pass through the adjustments to the Information Provider. However, if the Information Provider disputes such adjustments and refuses to accept such adjustments, the Originating Party shall reimburse the Terminating Party for all such disputed adjustments. Final resolution regarding all disputed adjustments shall be solely between the Originating Party and the Information Provider.

 

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9.2 Unbundled IP Billing Arrangement

 

9.2.1 Routing and Provisioning. Each Party shall route Information Service Traffic which originates on its own network to the appropriate information services platform(s) connected to the other Party’s network. Where ANTC uses its own network facilities, ANTC will establish a dedicated trunk group to the NYNEX information services tandem switch. This trunk group will be utilized to allow ANTC to route Information Service Traffic originated on its network to NYNEX. Where ANTC utilizes the NYNEX network through the purchase of unbundled network elements, Information Service Traffic may be routed over NYNEX information service trunks on a shared basis.

 

9.2.2 Information Mass Announcement Services (e.g. “976” calls). This section is based on the existing regulatory structure per New York State P.S.C. No. 900 tariff, Section 13 G.

 

a) For Information Mass Announcement Service, the Party (“Originating Party”) on whose network the Information Services Traffic originated shall bill and collect such Information Provider charges and remit an amount equal to such charges to the Party (“Terminating Party”) to whose information platform the Information Service Traffic terminated less the Information Service Billing and Collection fee set forth in the Pricing Attachment. The Terminating Party may bill the Originating Party for such charges. The Originating Party shall pay the Terminating Party in full regardless of uncollectible items. This shall apply whether the Originating Party uses its own network or utilizes the other Party’s network through the purchase of unbundled network elements.

 

b) Upon request, the Originating Party shall provide via electronic file transfer or magnetic tape or whatever means readily available to the Parties all recorded call detail information to the Terminating Party at the standard price for record transmission. This data shall be in unrated EMR format per OBF/Bellcore standard.

 

9.2.3 Variable Rated Information Services.

 

a) The Terminating Party shall charge the Originating Party $.03 per minute of use for switching access. These charges shall be calculated by the Terminating Party and billed to the Originating Party. These charges shall apply whether the Originating Party uses its own network or utilizes the other Party’s network through the purchase of unbundled network elements. End user customer adjustments shall not apply to these charges.

 

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b) Upon request from the Originating Party, the Terminating Party shall make available its Rating Service at a charge of $0.03 per message plus a fifteen thousand dollar ($15,000) non-recurring charge. Under Rating Service, the Originating Party shall provide to the Terminating Party via electronic file transfer or magnetic tape or whatever means readily available to the Parties recorded call detail information in unrated EMR format per OBF/Bellcore standard; the Terminating Party shall rate such calls placed by the Originating Party’s Customers and terminating to Information Provider services contracted with the Terminating Party, according to the rates established by such Information Providers. The Terminating Party shall then return the call records to the Originating Party, in rated format where possible, or with appropriate indicators populated on error messages. The Rating Service fee will be applied to all messages. In addition to the charges for Rating Service, standard charges will be made by the Terminating Party for the transmission and delivery of such records and files. The Terminating Party will not bill and collect for such rated calls. The Terminating Party will not calculate or pay taxes for such rated calls.

 

c) Alternatively, at the Originating Party’s option, it may purchase a rating table from the Terminating Party at the rate set forth in the Pricing Attachment.

 

d) The Originating Party is responsible for all payments due the Information Providers to whose programs that Party’s Customer places calls, and other obligations and relationships with such Information Providers.

 

e) Resolution regarding all customer adjustments shall be solely between the Originating Party and the Information Provider.

 

9.3 Blocking. Nothing in this Agreement shall restrict either Party from offering to its Exchange Service Customers the ability to block the completion of Information Service Traffic, whether Information Mass Announcement Services or Variable Rated Information Services.

 

9.4 Billing and Usage Specifications. The Parties shall adopt an Information Provider Usage and Billing Specification Agreement prior to implementation of this billing arrangement. With the mutual consent of both Parties, the Information Provider Usage and Billing Specification Agreement may be modified in the future.

 

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10.0 TANDEM TRANSIT SERVICE

 

10.1 Transit Services

 

10.1.1 “Transit Service” means the delivery of certain traffic between ANTC and a LEC other than NYNEX by NYNEX over the Traffic Exchange Trunks. The following traffic types will be delivered: (i) Local Traffic or IntraLATA Toll Traffic originated from ANTC to such LEC and (ii) Local Traffic or IntraLATA Toll Traffic originated from such LEC and terminated to ANTC where NYNEX carries such traffic pursuant to the PSC’s primary toll carrier plan or other similar plan.

 

10.1.2 Subject to Section 10.1.3, the Parties shall compensate each other for Transit Service as follows:

 

(a)

ANTC shall pay NYNEX for Local Traffic and IntraLATA toll traffic ANTC originated over the Transit Service at the rate specified in the Pricing Attachment plus any additional charges or costs such terminating LEC imposes or levies on NYNEX for the delivery or termination of such traffic, including any InterLATA or IntraLATA switched access charges. NYNEX shall pass through any additional direct charges or costs imposed or levied by the terminating LEC without a mark-up of such costs.

 

(b)

NYNEX shall pay ANTC for Local, and IntraLATA Toll Traffic terminated to ANTC from such LEC at the appropriate reciprocal compensation rates described in Section 7, or (where NYNEX delivers such traffic pursuant to the PSC’s primary toll carrier plan or other similar plan) at ANTC’s applicable switched access rates or local termination rate, whichever is appropriate.

 

10.1.3 While the Parties agree that it is the responsibility of a LEC to enter into arrangements to deliver Telephone Exchange Service Traffic to ANTC, they acknowledge that such arrangements are not currently in place and an interim arrangement is necessary to ensure traffic completion. Accordingly, until the earlier of (i) the date on which either Party has entered into an arrangement with such LEC to deliver Telephone Exchange Service Traffic to ANTC or (ii) one hundred and eighty (180) Days after the Interconnection Activation Date, NYNEX will deliver and ANTC will terminate Telephone Exchange Service Traffic originated from such LEC without charge to one another.

 

10.1.4 NYNEX expects that all networks involved in Transit Service will deliver each call to each involved network with CCIS and the appropriate TCAP message to facilitate full interoperability of those services supported by NYNEX as noted in Section 1.1.13 and billing functions. In all cases, both

 

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NYNEX and ANTC are responsible for following the Exchange Message Record (“EMR”) standard and for exchanging records with each other and with the terminating LEC to facilitate the billing process to the originating network.

 

10.1.5 For purposes of this Section 10.1, NYNEX agrees that it shall make available to ANTC, at ANTC’s sole option, any transiting arrangement NYNEX offers to another LEC at the same rates, terms and conditions provided to such other LEC.

 

10.2 Dedicated Transit Service

 

10.2.1 “Dedicated Transit Service” provides for the dedicated connection between an ANTC collocation arrangement established pursuant to applicable tariffs and/or license agreements at a NYNEX premises and a collocation arrangement of a third party carrier that maintains a collocation arrangement at the same premises. Dedicated Transit Service shall be provided using a cross-connection (dedicated connection) using suitable NYNEX-provided cable or transmission facilities or any other mutually agreed upon arrangement.

 

10.2.2 The carrier requesting the Dedicated Transit Service shall be the customer of record for both ends of the service in terms of ordering, provisioning, maintenance, and billing. Applicable rates shall be as set forth in the Pricing Attachment. Alternative arrangements may be utilized if agreed upon by all three parties. Such agreement shall not be unreasonably withheld.

 

11.0	911/E911 ARRANGEMENTS

 

11.1 ANTC will interconnect to the NYNEX 911/E911 selective router/911 tandems which serve the areas in which ANTC provides Exchange Services, for the provision of 911/E911 services and for access to all sub-tending Public Safety Answering Points (“PSAPs”). NYNEX will provide ANTC with the appropriate CLLI codes and specifications of the tandem serving area.

 

11.2 Path and route diverse interconnections for 911/E911 shall be made at the A-IP, the N-IP, or other points as necessary and mutually agreed.

 

11.3 NYNEX will provide ANTC with an electronic interface through which ANTC shall input and provide a daily update of 911/E911 database information related to appropriate ANTC Customers. NYNEX will provide ANTC with the Master Street Address Guide (“MSAG”), updated on a regular basis, so that ANTC can ensure the accuracy of the data transfer. Additionally, NYNEX shall assist ANTC in identifying the appropriate person in each municipality for the purpose of obtaining the ten-digit Subscriber number of each PSAP.

 

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11.4 NYNEX and ANTC will use their best efforts to facilitate the prompt, robust, reliable and efficient interconnection of ANTC systems to the 911/E911 platforms.

 

11.5 NYNEX and ANTC will work cooperatively to arrange meetings with PSAPs to answer any technical questions the PSAPs, or county or municipal coordinators may have regarding the 911/E911 arrangements.

 

11.6 ANTC will compensate NYNEX for connections to its 911/E911 System pursuant to the Pricing Attachment.

 

11.7 The Parties will comply with all applicable rules and regulations pertaining to the provision of 911/E911 services in the State of New York.

 

12.0	JOINT GROOMING PLAN

 

12.1 ANTC and NYNEX shall jointly develop a Joint Grooming Plan which defines and details, among other things, the information and requirements as set forth in Sections 12.2 -12.6 herein. Given the fact that ANTC is currently operating in several LATAs in New York State, the Parties shall execute an initial Joint Grooming Plan on or before three (3) months from the Effective Date of this Agreement. The Parties shall comply with all requirements set forth in the Joint Grooming Plan.

 

12.2 The Parties shall implement Physical Architecture consistent with the guidelines defined in Section 4 and the terms and conditions set forth in the Joint Grooming Plan.

 

12.3 The Parties shall establish standards to ensure that Interconnection trunk groups experience a grade of service, availability and quality which is comparable to and on parity with the interoffice trunks within NYNEX’s network and in accord with the Joint Grooming Plan and all appropriate relevant industry-accepted quality, reliability and availability standards.

 

12.4 The Parties shall meet their respective duties and responsibilities with respect to the administration and maintenance of the trunk groups, including but not limited to standards and procedures for notification and discoveries of trunk disconnects established in the Joint Grooming Plan.

 

12.5 The Parties shall implement mutual aid and network management provisions in accordance with the terms and conditions set forth in the Joint Grooming Plan.

 

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12.6 The Parties shall set forth in the Joint Grooming Plan a procedure for escalating any emergency or urgent matters and personnel that can be reached to address such matters on a 7 x 24 hour basis when appropriate.

 

12.7 If the Parties are unable to develop or finalize any terms or conditions as required by this Section or the Joint Grooming Plan, the parties shall refer such disputes to the appropriate official in the Parties’ operational organizations for resolution. If the Parties are unable, within twenty (20) Days of a referral, to resolve the subject dispute, all arbitrable issues shall be resolved pursuant to the procedures set forth in Attachment ADR.

 

13.0	INSTALLATION, MAINTENANCE, TESTING, REPAIR AND OPERATIONS SUPPORT SYSTEMS.

 

13.1 Installation, Maintenance, Testing and Repair. NYNEX shall meet the standard intervals set forth in Attachment SQ, as may be modified by the PSC in the Service Quality Proceeding.

 

13.2 Where applicable, ANTC shall meet the same intervals for comparable installations, maintenance, joint testing, and repair of its facilities and services associated with or used in conjunction with Interconnection or shall notify NYNEX of its inability to do so and will negotiate such intervals in good faith.

 

13.3 The Parties will carefully review the Network Reliability Council’s recommendations and implement them where technically and economically feasible pursuant to the NYPSC Order released 12/2/96 in Case 96-C-0917.

 

13.4 If either Party requests or approves the other Party’s technician to perform services in excess of or not otherwise contemplated by the Line Connection Charge, either Party may charge the other Party for any additional and reasonable labor charges to perform such services at hourly rates as listed in the Pricing Attachment of this Agreement.

 

13.5 If, as the result of a Telecommunications Carrier Not Ready (“TCNR”), NYNEX cannot complete requested work activity when a technician has been dispatched to the site on Company Premises (“Dispatch In”) or off Company Premises (“Dispatch Out”), ANTC will be assessed a non-recurring charge associated with this visit. This charge will be either a TCNR-Dispatch In charge or a TCNR-Dispatch Out charge as specified in the Pricing Attachment of this Agreement.

 

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13.6 Maintenance of Unbundled Network Elements

 

13.6.1 If (i) ANTC reports to NYNEX a Customer trouble, (ii) ANTC requests a dispatch, (iii) NYNEX dispatches a technician, and (iv) such trouble was not caused by NYNEX’s facilities or equipment in whole or in part, then ANTC shall pay NYNEX a Trouble Dispatch-Misdirect charge as specified in the Pricing Attachment of this Agreement. ANTC accepts responsibility for initial trouble isolation and providing NYNEX with appropriate dispatch information based on their test results. If, as the result of ANTC instructions, NYNEX is erroneously requested to dispatch within a NYNEX Central Office or to a POT Bay (“dispatch in”), a non-recurring charge, as specified in the Pricing Attachment, per occurrence will be assessed to ANTC by NYNEX. If, as the result of ANTC instructions, NYNEX is erroneously requested to dispatch out, a charge as specified in the Pricing Attachment shall be assessed to ANTC by NYNEX. An additional non-recurring charge (specified in the Pricing Attachment) will apply when intervals shorter than those provided for normal service are requested. NYNEX shall respond to ANTC’s trouble reports on a non-discriminatory basis consistent with the manner in which it provides service to its own retail customers or any other Telecommunications Carrier.

 

13.6.2 If ANTC requests a dispatch and NYNEX dispatches a technician and the reported trouble was caused, in whole or in part, by NYNEX’s facilities or equipment, ANTC shall not be responsible for labor or maintenance charges associated with such dispatch.

 

13.7 If NYNEX files and the PSC approves rates for the above services in Section 13, then those rates will apply.

 

14.0	UNBUNDLED LINKS

 

NYNEX shall provide Links, subject to technical feasibility, as indicated below:

 

14.1 Local Link Transmission Types

 

Subject to Section 14.5, NYNEX shall allow ANTC to access the following Link types (in addition to those Links available under applicable tariffs) unbundled from local switching and local transport in accordance with the terms and conditions set forth in this Section 14.

 

14.1.1 “2-Wire Switched Analog Voice Grade Links” or “Analog 2W” (“SVGAL”) which support analog transmission of 300-3000 Hz, repeat link start, link reverse battery, or ground start seizure and disconnect in one direction (toward the End Office Switch), and repeat ringing in the other direction (toward the Customer). Analog 2W include Links sufficient for the provision of PBX trunks, pay telephone lines and electronic key system lines.

 

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14.1.2 “4-Wire Switched Analog Voice Grade Links” or “Analog 4W” (“SVGAL”) which support transmission of voice grade signals using separate transmit and receive paths and terminate in a 4-wire electrical interface.

 

14.1.3 “2-Wire ISDN Digital Grade Links” or “BRI ISDN” which support digital transmission of two 64 Kbps bearer channels and one 16 Kbps data channel. BRI ISDN is a 2B+D Basic Rate Interface-Integrated Services Digital Network (“BRI-ISDN”) Link which will meet national ISDN standards and conform to ANSI T1.601-1992 & T1E1.4 90-004R3.

 

14.2 ADSL and HDSL

 

14.2.1 The Parties acknowledge that ADSL is not currently deployed for use in the NYNEX network. NYNEX is conducting a technical trial to test ADSL technology. NYNEX will share its interim findings and conclusion and consult with ANTC regarding the issues related to deploying ADSL in NYNEX’s network. If the issues surrounding deployment of ADSL in NYNEX’s network are satisfactorily resolved and ADSL is deployed, NYNEX shall allow ANTC to access ADSL Links unbundled from local switching and local transport in accordance with the terms and conditions set forth in this Section 14.

 

14.2.2 “2-Wire ADSL-Compatible Link” or “ADSL 2W” is a transmission path which facilitates the transmission of up to a 6 Mbps digital signal downstream (toward the Customer) and up to a 640 Kbps digital signal upstream (away from the Customer) while simultaneously carrying an analog voice signal. An ADSL-2W is provided over a 2-wire non-loaded twisted copper pair provisioned using revised resistance design guidelines and meeting ANSI Standard T1.413-1995-007R2. An ADSL -2W terminates in a 2-wire electrical interface at the Customer premises and at the NYNEX Central Office frame. ADSL technology can only be deployed over Links which extend less than 18 Kft. from NYNEX’s Central Office. ADSL compatible Links are only available where existing copper facilities can meet the ANSI T1.413-1995-007R2 specifications.

 

14.2.3 “2-Wire HDSL-Compatible Link” or “HDSL 2W” is a transmission path which facilitates the transmission of a 768 Kbps digital signal over a 2-wire non-loaded twisted copper pair meeting the specifications in ANSI T1E1 Committee Technical Report Number 28 / T1E1.4/92-002R3. HDSL compatible Links are available only where existing copper facilities can meet the T1E1 Technical Report Number 28 specifications.

 

14.2.4 “4-Wire HDSL-Compatible Link” or “HDSL 4W” is a transmission path which facilitates the transmission of a 1.544 Mbps digital signal

 

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over two 2-wire non-loaded twisted copper pairs meeting the specifications in ANSI T1E1 Committee Technical Report Number 28. HDSL compatible Links are available only where existing copper facilities can meet the specifications.

 

14.2.5 HDSL and ADSL compatible links will be offered on the terms and conditions specified herein, including terms in applicable tariffs so long as they are not inconsistent with the terms and conditions set forth herein. NYNEX shall make such links available to ANTC at rates approved by the PSC, as amended from time to time, or as agreed by the Parties

 

14.3 NYNEX shall provide ANTC access to its unbundled Links at each of NYNEX’s Wire Centers. In addition, if ANTC requests one or more Links serviced by Integrated Digital Link Carrier or Remote Switching technology deployed as a Link concentrator, NYNEX shall, where available, move the requested Link(s) to a spare, existing physical Link at no charge to ANTC. If, however, no spare physical Link is available, NYNEX shall within three (3) business days of ANTC’s request notify ANTC of the lack of available facilities. ANTC may then at its discretion make a Network Element Bona Fide Request to NYNEX to provide the unbundled Link through the demultiplexing of the integrated digitized Link(s). ANTC may also make a Network Element Bona Fide Request for access to unbundled Links at the Link concentration site point. Notwithstanding anything to the contrary in this Agreement, the provisioning intervals set forth in Section 14.5 and the Performance Interval Dates and Performance Criteria set forth in Section 33 shall not apply to unbundled Links provided pursuant to a Network Element Bona Fide Request under this Section 14.3.

 

14.4 If ANTC orders a Link type and the distance requested on such Link exceeds the transmission characteristics as referenced in the corresponding Technical Reference specified below, distance extensions may be required and additional rates and charges shall apply as set forth on the Pricing Attachment. Parties agree that full technical solutions may not be available for HDSL and ADSL for these arrangements at the signing of this Agreement, but will make a good faith effort to implement such solutions.

 

 

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14.5 Provisioning of Unbundled Links

 

The following coordination procedures shall apply for new unbundled Links and the conversions of “live” Telephone Exchange Services to unbundled Links (herein after referred to as “hot cuts”):

 

14.5.1 ANTC shall request unbundled Links from NYNEX by delivering to NYNEX a valid electronic Local Service Request (“LSR”) using the NYNEX electronic ordering platform (as cooperatively designed and implemented to meet the minimum requirements for information exchange needed to order and provision services to certified local exchange carriers and enhanced to support industry standards as developed for interconnection services) or another mutually agreed upon system. Within two (2) business days of NYNEX’s receipt of an LSR, NYNEX shall provide ANTC the Firm Order Commitment (“FOC”) date according to the applicable Performance Interval Dates set forth in Attachment SQ by which the Link(s) covered by such Service Order will be installed.

 

14.5.2 NYNEX agrees to accept from ANTC at the time the LSR is submitted for scheduled conversion of hot cut unbundled Link orders, a desired date and time (the “Scheduled Conversion Time”) in the “A.M.” (12:01 a.m. to 12:00 noon) or “P.M.” (12:01 p.m. to 12:00 midnight) (as applicable, the “Conversion Window”) for the hot cut.

 

14.5.3 NYNEX shall test for ANTC dial tone at the POT Bay by testing through the tie cable provisioned between the NYNEX main distributing frame and the ANTC expanded interconnection node forty-eight (48) hours prior to the Scheduled Conversion Time.

 

14.5.4 Not less than one (1) hour prior to the Scheduled Conversion Time, either Party may contact the other Party and unilaterally designate a new Scheduled Conversion Time (the “New Conversion Time”). If the New Conversion Time is within the Conversion Window, no charges shall be assessed on or waived by either Party. If, however, the New Conversion Time is outside of the Conversion Window, the Party requesting such New Conversion Time shall be subject to the following:

 

(a)

If NYNEX requests the New Conversion Time, the applicable damages as specified in Section 33.7.1.1 (as modified by the provisions of Sections 33.1 and 33.2) shall apply.

 

(b)

If ANTC requests the New Conversion Time, ANTC shall be assessed a charge equal to twenty five percent (25%) of the applicable non-recurring charges for the first request, thirty five percent (35%) of the applicable non-recurring charges for the second request, and forty percent (40%) for the third request (as modified by the provisions of Sections 33.1 and 33.2).

 

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14.5.5

 

(a) Except as otherwise agreed by the Parties for a specific conversion such as large cutovers of ten (10) lines or more that have been negotiated, the Parties agree that the time interval expected from disconnection of NYNEX’s “live” Telephone Exchange Service to the connection of an Unbundled Network Element at the Collocation node’s POT Bay will be accomplished within a window of time through the end of this Agreement of sixty (60) minutes or less. NYNEX will perform the actual physical work per circuit (i.e. the cut down of the new cross connect per circuit basis) within five (5) minutes, thereby enabling the end-user (at a minimum) to make out-going calls. NYNEX further agrees that the translations work, if required, will be accomplished within the one-hour conversion window, thereby enabling incoming calls to be received by the end-user.

 

(b) If a Conversion exceeds this specified interval and such delay is caused by NYNEX, until the resolution of the Service Quality Proceeding, NYNEX shall pay the applicable damages as specified in Section 33.7.1.1. Upon the resolution of the Service Quality Proceeding, NYNEX shall pay any liquidated damages specified by the PSC.

 

(c) If ANTC has ordered INP with the installation of a Link, NYNEX will coordinate the implementation of INP and the Link conversion during the conversion intervals at no additional charge.

 

14.5.6 ANTC shall access NYNEX’s Unbundled Links specifically identified in this Agreement via (i) Collocation in accordance with Section 18 at the NYNEX Wire Center where those elements exist and each Link or Port shall be delivered to ANTC’s Collocation node by means of a Cross Connection which in the case of Links, is included in the rates set forth in the Pricing Attachment or (ii) via such other alternative arrangement(s) as the Parties may mutually agree, or FCC rules, the Act or PSC rules may otherwise require NYNEX to allow.

 

14.5.7 If ANTC requests or approves a NYNEX technician to perform services in excess of or not otherwise contemplated by the Line Connection Service Charge, as specified in the Pricing Attachment of this Agreement, NYNEX may charge ANTC for any reasonable additional labor charge to perform such service. The Line Connection Charge recovers those costs incurred when wiring is required in the central office.

 

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14.6 Monthly Unbundled Link Charges for New York

 

14.6.1 The monthly unbundled link rate is as set forth in the Pricing Attachment.

 

14.6.2 Nothing in this Agreement shall be construed to imply that ANTC agrees that the monthly unbundled link rate(s) referenced in Section 14.6.1 is a reasonable or appropriate charge for unbundled links.

 

14.6.3 Links will be offered on the terms and conditions specified herein. NYNEX shall make links available to ANTC at the rates specified in the Pricing Attachment, as subsequently determined by the PSC. During the Term, ANTC shall have the right to any rates established by a decision of the PSC regarding permanent monthly link rates which is issued subsequent to the date of this Agreement (as modified by any rulings by the FCC or appeals ruled upon in any federal or state court of competent jurisdiction).

 

15.0	OTHER UNBUNDLED NETWORK ELEMENTS

 

15.1 Availability of Other Network Elements on an Unbundled Basis

 

(a) NYNEX shall, upon request of ANTC, at any technically feasible point provide to ANTC access to its Network Elements on an unbundled basis for the provision of ANTC’s Telecommunications Service. Any request by ANTC for access to a NYNEX Network Element that is not already available shall be treated as a Network Element Bona Fide Request. Network Elements that are available to another Telecommunications Carrier shall be made available to ANTC either (i) through terms and conditions agreed to by the Parties or (ii) in accordance with Attachment BFR. ANTC shall provide NYNEX access to its Network Elements as mutually agreed by the Parties or as required by the Act, PSC or FCC.

 

(b) ANTC shall access NYNEX’s Unbundled Network Elements specifically identified in this Agreement via (i) Collocation in accordance with Section 18 at the NYNEX Wire Center where those elements exist and each Link or Port shall be delivered to ANTC’s Collocation node by means of a Cross Connection which in the case of Links, is included in the rates set forth in the Pricing Attachment or (ii) via such other alternative arrangement(s) as the Parties may mutually agree, or FCC rules, the Act or PSC rules may otherwise require NYNEX to allow.

 

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15.2 Unbundled Interoffice Transmission Facilities

 

During the term of this Agreement NYNEX shall provision and charge for Interoffice Transmission Facilities (“IOF”) as set forth in Attachment IOF hereto and under the terms and conditions of this Agreement.

 

16.0	RESALE — SECTIONS 251(c)(4) and 251(b)(1)

 

16.1 Except as otherwise provided in this Section 16 or in this Agreement, NYNEX shall offer to ANTC for resale at wholesale rates its local exchange telecommunications services, as described in Section 251(c)(4) of the Act, at the rates set forth in the Pricing Attachment, subject to the terms and conditions of NY PSC Tariff No. 915. ANTC may also obtain at the discount rates set forth in the Pricing Attachment any volume and discount plan offered to any other reseller (including but not limited to any LSO, special toll, single customer tariff or ICB offered).

 

16.2 Term and Volume Discounts

 

Upon request, NYNEX agrees to negotiate term and volume discounts for resold retail services. ANTC may obtain any term and volume discount made available to any other carrier on the same terms and conditions agreed to between that carrier and NYNEX.

 

16.3 Disclosure of ANTC Information to Other Resellers or to NYNEX Retail Marketing Personnel

 

16.3.1. General Rule - Subject to the following paragraph 16.3.2, and subject to the provisions set forth in Section 36 of this Agreement, neither NYNEX personnel involved in the marketing or sales of services to end user customers, nor other Resellers, will have access to information defined as Proprietary Information under Section 36 of this Agreement provided by ANTC under this Agreement.

 

16.3.2. Exceptions:

 

(1) Paragraph 16.3.1, above, shall not prohibit the disclosure to any local exchange carrier (including NYNEX or any other carrier) of the fact that a particular end user who was previously a customer of such carrier, is no longer one of its customers.

 

(2) Paragraph 16.3.1, above, shall not prohibit the use by NYNEX of aggregate data relating to sales to all resellers in a particular geographic area for any legitimate business purpose of NYNEX.

 

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(3) Paragraph 16.3.1, above, shall not preclude the disclosure to NYNEX retail marketing personnel or to other resellers of information pertaining to a reseller’s customer where the customer consents to and authorizes such disclosure pursuant to applicable Law.

 

(4) Paragraph 16.3.1, above, shall not prohibit attempts to sell NYNEX services by NYNEX service technicians or other such operational employees who have access to information relating to specific orders placed by ANTC under this agreement (or other Proprietary Information as defined in Section 36 of this Agreement), so long as:

 

(a) the employee spends a de minimis amount of his or her time involved in the marketing or sales of NYNEX services,

 

(b) the employee does not utilize ANTC information in such sales attempt.

 

(5) In the case of a customer who chooses to switch his/her/its service from a reseller to NYNEX, or to another reseller, Paragraph 16.3.1 above shall not prohibit the disclosure to NYNEX marketing personnel, or to such other reseller, of information necessary to enable NYNEX or such other reseller to assume the account, including the customer’s service configuration and Billed Name and Address.

 

(6) Paragraph 16.3.1 above shall not preclude the disclosure to NYNEX marketing personnel of the identity of the reseller providing service to an end user for the purpose of responding to a question from the end user about the identity of his/her/its service provider.

 

16.4 Disclosure of Customer Information

 

16.4.1. General Rule - Subject to the following paragraph 16.4.2, NYNEX will not provide information on any end user customer to a reseller without the consent and authorization of such customer.

 

16.4.2. Exceptions:

 

(1) If a NYNEX end user subsequently becomes an end user of a reseller, NYNEX will provide the reseller with the ability to access the CSR and all information contained therein to enable it to assume the end user’s account, including the customer’s service configuration and Billed Name and Address.

 

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(2) Paragraph 16.4.1 above shall not preclude disclosure of information pursuant to industry-wide arrangements for the exchange of information on end user credit histories, consistent with PSC requirements.

 

16.4.3. Evidence of End User Consent and Authorization. Where NYNEX identifies that end user consent is required for the disclosure of information, NYNEX will obtain consent and authorization from the end user in any manner approved by the PSC.

 

16.5 If an electronic interface used to exchange information and perform other functions as specified in Section 23 of this Agreement is rendered inoperable, the Parties will comply with the requirements of Section 23.3.

 

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16.6 Alternate Billing to Third Numbers.

 

16.6.1 Calls on NYNEX resold Lines using NYNEX’s Operator Services. The following procedures shall apply for Alternately Billed Calls which are local calls or IntraLATA toll calls carried by NYNEX and originating or terminating over a NYNEX line (a) which has been resold by ANTC pursuant to the terms of this Agreement and (b) for which NYNEX is providing operator and directory assistance services:

 

16.6.1.1 ANTC Originating Call charged to Customer Served by a NYNEX Line.

 

In the case of a call which originates from an ANTC Customer being served by a resold line in the NYNEX territory within New York (hereinafter “ANTC Customer Resold Line”) which is charged to a retail Customer served by a NYNEX line including a resold line in NYNEX territory within New York (hereinafter “NYNEX New York Territory”), NYNEX shall record and process such call, and transmit to ANTC an unrated call record. ANTC shall rate such call for purposes of charging the retail Customer and send such rated record to NYNEX or a resale carrier designated by NYNEX in billable form for billing and collection purposes, at which point ANTC shall have no further responsibility for billing or collecting for such call for NYNEX retail Customers. NYNEX, for NYNEX retail Customers only, shall pay ANTC for such call the billed amount less the billing and collection fee specified in the Pricing Attachment. ANTC shall pay NYNEX for the call at the wholesale discount rate set forth in the Pricing Attachment as billed on the wholesale bill.

 

16.6.1.2 NYNEX Originating Call charged to ANTC Customer.

 

In the case of a call which originates from a NYNEX retail Customer within New York and is charged to an ANTC Customer Resold Line, NYNEX shall record and process such call and rate such call for purposes of charging ANTC’s Customer. NYNEX shall send such rated record to ANTC in billable form for billing and collection purposes, at which point NYNEX shall have no further responsibility for billing or collecting for such call. ANTC shall pay NYNEX for such call the billed amount less the billing and collection fee specified in the Pricing Attachment.

 

16.6.1.3 ANTC Originating Call charged to Other Carrier.

 

In the case of a call which originates from an ANTC Customer Resold Line which is charged to a customer of a third party

 

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telecommunications carrier outside of NYNEX New York Territory, NYNEX shall record and process such call and transmit to ANTC an unrated call record, at which point NYNEX shall have no further responsibility for rating, billing, or collecting for such call. ANTC shall pay NYNEX for such call at the wholesale discount rate set forth in the Pricing Attachment as billed on the wholesale bill.

 

16.6.2 Calls on NYNEX Resold Lines Using Operator Services. The following procedures shall apply for Alternately Billed calls which are local calls or IntraLATA toll calls carried by NYNEX and originating or terminating over a NYNEX line (a) which has been resold by ANTC pursuant to the terms of this Agreement and (b) for which NYNEX is not providing operator and directory assistance services:

 

16.6.2.1 ANTC Originating Call Charged to NYNEX Customer. In the case of a call which originates from an ANTC Customer Resold Line and is charged to a NYNEX retail Customer within NYNEX New York Territory, ANTC shall record and process such call at its OSPS and rate such call for purposes of charging NYNEX’s Customer and send such rated record to NYNEX in billable form for billing and collection purposes, at which point ANTC shall have no further responsibility for billing or collecting for such call. NYNEX shall pay ANTC for such call the billed amount less the billing and collection fee as specified in the Pricing Attachment. ANTC shall pay charges for Customized Routing on an ICB basis. Appropriate Reciprocal Compensation charges for terminating to a NYNEX line will apply pursuant to Section 7 of this Agreement.

 

16.6.2.2 NYNEX Originating Call charged to ANTC Customer. In the case of a call which originates from a NYNEX retail Customer within New York and is charged to an ANTC Customer Resold Line, NYNEX shall record and process such call and rate such call for purposes of charging ANTC’s Customer. NYNEX shall send such rated record to ANTC in billable form for billing and collection purposes, at which point NYNEX shall have no further responsibility for billing or collecting for such call. ANTC shall pay NYNEX for such call the billed amount less the billing and collection fee specified in the Pricing Attachment.

 

16.6.2.3 ANTC Originating Call charged to Other Carrier. In the case of a call which originates from an ANTC Customer Resold Line which is charged to a customer of a third party telecommunications carrier providing services outside of NYNEX New York Territory, ANTC shall record and process such call. ANTC shall pay charges for Customized Routing on an ICB basis. Appropriate Reciprocal Compensation charges for terminating to a NYNEX line will apply pursuant to Section 7 of this Agreement.

 

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16.6.3 Calls Billed to NYNEX Resold Lines and Carried through CMDS and CATS. The following procedures shall apply for Alternately Billed Calls which are local calls or IntraLATA toll calls billed through the Centralized Message Distribution System (“CMDS”) and originating or terminating over a third company’s line and charged to a NYNEX line which has been resold by ANTC pursuant to the terms of this Agreement.

 

16.6.3.1 Calls Carried through CMDS and CATS. For a call which originates and terminates outside of NYNEX New York Territory and is charged to an ANTC Customer Resold Line, NYNEX shall provide to ANTC the information and charges with respect to such call received from the out-of-region telecommunications carrier via the daily usage feed. NYNEX shall have no further responsibility for rating, billing and collecting for such call. ANTC shall pay NYNEX for such call an amount equal to the amount charged to NYNEX through the CATS settlement process by such out-of-region telecommunications carrier with respect to such call as billed on the wholesale bill and a Call Usage Detail Service charge in accordance with the Pricing Attachment

 

16.6.4 Administrative Matters

 

All other matters relating to the rating, billing, payment and transmission of records with respect to Alternately Billed Calls which are not set forth above, including, without limitation, the timing of payments and billings, the frequency of transmission of records and the eligibility of messages for billing, shall be governed by the other applicable provisions of this Agreement.

 

16.6.5 Other Alternate Billed Calls.

 

A NYNEX territory intraregion Alternate Billed Call clearinghouse will be used for settling Alternately Billed Calls for facility-based and unbundled Network Element purposes and, to the extent it can be implemented, for calls originating or charged to an ANTC Customer Resold Line (including NYNEX lines resold by third party carries within New York).

 

16.7 The terms and conditions of the NYS PSC 915 Tariff, as may be modified from time to time, shall govern and control the provisioning of Wholesale Services, except that the parties agree that Sections 6.5.2, 6.5.3, 6.5.4, 6.6.2, 16, 26.9, 32, 33, 40 and Attachment ADR of this Agreement shall control in the event of a conflict with the terms and conditions of the NYS PSC 915 Tariff. In addition, and except as provided in Section 26.9, the Parties further agree that all payment terms and billing disputes shall be governed by the terms and conditions of the NYS PSC 915 tariff, notwithstanding anything to the contrary set forth in Section 37.2, except that the Parties agree that any unresolved dispute shall be determined in accordance with the ADR provisions of this Agreement.

 

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17.0	NOTICE OF CHANGES — SECTION 251 (c)(5)

 

If a Party makes a change in its network which it believes will materially affect the inter-operability of its network with the other Party’s network, the Party making the change shall provide at least ninety (90) Days advance written notice of such change to the other Party, or at such earlier date as the Party notifies its affiliates, customers, or other carriers.

 

18.0	COLLOCATION — SECTION 251 (c)(6)

 

18.1 Upon request, NYNEX shall provide to ANTC Physical Collocation or virtual collocation (as allowed by Law) for its transport facilities and equipment, pursuant to the rates, terms and conditions set forth herein and the relevant rates, terms and conditions set forth in NYNEX’s applicable tariffs on file with the FCC and the PSC as necessary for Interconnection (pursuant to Section 4) or for access to unbundled Links (pursuant to Section 14) or other Unbundled Network Elements (pursuant to Section 15). Upon a Network Element Bona Fide Request pursuant to Attachment BFR hereto, NYNEX shall allow alternate collocation arrangements to the extent technically practical and subject to available space, including as may be requested by ANTC to permit ANTC: (i) to occupy less than one-hundred (100) square feet of NYNEX’s standard collocation space under NYNEX’s applicable tariffs, (ii) to install ANTC owned facilities and equipment in a secure alternate enclosure that conforms with NYNEX’s standards for health, safety, security power and engineering, or (iii) such other reasonable alternate arrangements, the terms and conditions of which shall be determined pursuant to the Network Element Bona Fide Request process. NYNEX shall not unreasonably withhold agreement to provide such alternate arrangements.

 

18.2 ANTC agrees to provide pursuant to tariff, or agreement upon NYNEX’s Network Element Bona Fide Request, Collocation of NYNEX equipment for purposes of NYNEX’s Interconnection (pursuant to Section 4) at comparable rates, terms and conditions as ANTC may provide to other third parties. ANTC shall provide such Collocation subject to ANTC’s applicable tariffs or contracts.

 

18.3 The Parties agree that during the term of this Agreement ANTC may install in its collocated space remote switching modules (“RSMs”) solely for the purposes of performing concentration functions. ANTC represents to NYNEX that such equipment will not be used for or perform any switching functions. ANTC agrees that if it elects to install an RSM as a concentrator in collocation space, the terms and conditions of such collocation will be determined based upon NYNEX’s reasonable engineering standards (which generally will follow the vendor’s specifications for such equipment) to the extent those standards and

 

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their application are consistent with Section 251 (c)(6) of the Act. In addition, ANTC agrees to pay to NYNEX reasonable costs attendant with the collocation of such equipment (determined in accordance with the pricing standards of the Act), including preparation and maintenance of the space.

 

18.4 ANTC may install equipment allowed by Law inside collocation spaces in accordance with the requirements set forth in Section 251(c)(6) of the Act, NYNEX’s applicable tariffs, and NYNEX’s engineering, safety and power requirements unless and until the FCC or the PSC determines that incumbent LECs need not permit collocation of such equipment.

 

18.5 To the extent any equipment ANTC installs in the collocation space is later determined by the FCC or the PSC not to be allowed inside the collocation space, NYNEX will allow ANTC a reasonable transition period for removing or replacing such equipment.

 

18.6 To the extent ANTC elects, pursuant to Section 38 of this Agreement, other terms and conditions for collocation not specified in this Agreement, the rates, terms and conditions of Sections 18.1 and 18.3-5 herein shall be incorporated into that agreement.

 

18.7 The Collocating Party shall provide its own or leased transport facilities and terminate those transport facilities in equipment located in its Physical Collocation space at the Housing Party’s premises as described in applicable tariffs or contracts, and purchase Cross Connection to services or facilities as described in applicable tariffs or contracts. Transport facilities may be leased from NYNEX under terms and conditions set forth Subsection 15.2.

 

19.0	NUMBER PORTABILITY — SECTION 251 (b)(2)

 

19.1 Scope

 

19.1.1 The Parties shall provide Number Portability on a reciprocal basis to the extent technically feasible, and in accordance with rules and regulations as from time to time prescribed by the FCC and/or the PSC.

 

19.1.2 Until Number Portability is implemented by the industry pursuant to regulations issued by the FCC or the PSC, the Parties agree to provide Interim Telephone Number Portability (“INP”) to each other through remote call forwarding, route indexing, and full NXX code migration at the prices listed in the Pricing Attachment.

 

19.1.3 Once Number Portability is implemented pursuant to FCC or PSC regulation, either Party may withdraw, at any time and at its sole discretion,

 

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its INP offerings, subject to advance notice to the other Party and coordination to allow the seamless and transparent conversion of INP Customer numbers to Number Portability. Upon implementation of Number Portability pursuant to FCC regulation, both Parties agree to conform to and provide such Number Portability.

 

19.2 Procedures for Providing INP Through Remote Call Forwarding

 

ANTC and NYNEX will provide INP through Remote Call Forwarding as follows:

 

19.2.1 A Customer of one Party (“Party A”) elects to become a Customer of the other Party (“Party B”). The Customer elects to utilize the original telephone number(s) corresponding to the Exchange Service(s) it previously received from Party A, in conjunction with the Exchange Service(s) it will now receive from Party B. Upon Party B’s receipt of a signed letter of agency from the Customer (and an associated service order) assigning the number to Party B, Party A will implement an arrangement whereby all calls to the original telephone number(s) will be forwarded to a new telephone number(s) designated by Party B. Party A w