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BELLSOUTHMary K. KeyerGeneral Counsel/KentuckyBellSouth Telecommunications, Inc.601 W. Chestnut StreetRoom 407Louisville, KY 40203502 582 8219Fax 502 582 1573Mary.Keyer@BellSouth.comOctober 26, 2006Ms. Beth 0 DonnellExecutive DirectorPublic Service Commission211 Sower BoulevardP. 0. Box 615Frankfort, KY 40602RECEIVEDOCT 2 7 2006PUBLIC SERVICECOMMISSIONRe: Filing of Interconnection and Resale Agreements/AmendmentsDear Ms. O’Donnell:Enclosed for filing is a CD-ROM containing the following Agreements/Amendments.These documents have been electronically filed with the Commission.Access Point, Inc.Interconnection AgreementCase No. 00343AT&T Communications of the South CentralStates, LLC2 Interconnection AmendmentsCase No. 2004-00234 & 00139BellSouth Long Distance, Inc.Interconnection AmendmentCase No. 00279Express Phone Service, Inc.Resale AgreementCase No. 00451MCI metro Access Transmission Services,LLCInterconnection AgreementCase No. 00038Megagate Broadband, Inc.Interconnection AgreementPaeTec Communications, Inc.Interconnection AmendmentCase No. 00391SBC Long Distance, LLCInterconnection AmendmentCase No. 00808TCG Ohio2 Interconnection AmendmentsCase No. 2004-00234 & 00132Telrite CorporationInterconnection AgreementUS LEC Communications, Inc.Interconnection AmendmentCase No. 00576
Ms. Beth O’DonnellOctober 26, 2006Page 2Regarding the Agreement with MClmetro, BellSouth is also filing a copy of thatAgreement in Case No. 2005-00371 today.Should you have any questions, please do not hesitate to contact me.Sincerely,Mary K. KEnclosure655267er
BELLSOUTH / CLEC Agreement Customer Name: MCImetro Access Transmission Services, L.L.C.MCImetro TRRO Compliant Agreement - KY2Table of Contents3General Terms and Conditions5Signature Page23Att 1 - Resale24Att 1 - Resale Discounts & Rates43Att 2 - Network Services & Other Elements44Att 2 - Network Element Rates - Exhibit A90Att 2 - Network Element Rates - Exhibit B104Att 3 - Network Interconnection106Att 3 - Network Interconnection Rates138Att 4 - Collocation140Att 4 - Collocation Rates - Exhibit B192Att 5 - Access to Numbers & Number Portability198Att 6 - Pre-Ordering, Ordering, Provisioning, Maintenance and Repair203Att 7- Billing223Att 7 - Late Payment Charge Reference Matrix - Exhibit A237Att 7 - Credit Profile - Exhibit B238Att 8 - Rights of Way240Att 9 - Performance Measurements270Att 10 - Disaster Recovery Plan484Att 11 - BFR & NBR Process493Note: This page is not part of the actual signed contract/amendment, but is present for record keeping purposes only.
Interconnection AgreementBetweenBellSouth Telecommunications, Inc.andMCImetro Access Transmission Services, L.L.C.CCCS 2 of 496
TABLE OF CONTENTSGeneral Terms and nsCLEC CertificationTerm of the AgreementNondiscriminatory Access.Court Ordered Requests for Call Detail Records and Other SubscriberInformationLiability and IndemnificationIntellectual Property Rights and IndemnificationProprietary and Confidential InformationResolution of DisputesTaxesForce MajeureAdoption of AgreementsModification of AgreementLegal ng LawAssignments and TransfersNoticesRule of ConstructionHeadings of No Force or EffectMultiple CounterpartsFiling of AgreementCompliance with LawNecessary ApprovalsGood Faith PerformanceRatesRate True-UpSurvivalEntire AgreementVersion 2Q06 Standard ICA06/13/06CCCS 3 of 496
TABLE OF CONTENTS (cont’d)Attachment 1 - ResaleAttachment 2 - Network Elements and Other ServicesAttachment 3 - Network InterconnectionAttachment 4 - CollocationAttachment 5 - Access to Numbers and Number PortabilityAttachment 6 – Pre-Ordering, Ordering, Provisioning and Maintenance and RepairAttachment 7 - BillingAttachment 8 - Rights-of-Way, Conduits and Pole AttachmentsAttachment 9 - Performance MeasurementsAttachment 10- BellSouth Disaster Recovery PlanAttachment 11–Bona Fide Request and New Business Request ProcessVersion 2Q06 Standard ICA06/13/06CCCS 4 of 496
General Terms and ConditionsGENERAL TERMS AND CONDITIONSCCCS 5 of 496
General Terms and ConditionsPage 2TABLE OF CONTENTS1CERTIFICATION. 42TERM OF THE AGREEMENT. 53.NONDISCRIMATORY ACCESS . 54COURT ORDERED REQUESTS FOR CALL DETAIL RECORDS AND OTHER SUBSCRIBERINFORMATION . 65.LIABILITY AND INDEMNIFICATION. 66.INTELLECTUAL PROPERTY RIGHTS AND INDEMNIFICATION . 87.PROPRIETARY AND CONFIDENTIAL INFORMATION. 98.RESOLUTION OF DISPUTES . 109TAXES. 1010.FORCE MAJEURE . 1211.ADOPTION OF AGREEMENTS. 1312.MODIFICATION OF AGREEMENT . 1313.NON-WAIVER OF LEGAL RIGHTS . 1314.SEVERABILITY. 1315.WAIVERS . 1416.GOVERNING LAW . 1417.ASSIGNMENTS. 1418.NOTICES . 1419.RULE OF CONSTRUCTION. 1520.HEADINGS OF NO FORCE OR EFFECT . 1521.MULTIPLE COUNTERPARTS. 1522.FILING OF AGREEMENT. 1623.COMPLIANCE WITH APPLICABLE LAW. 1624.NECESSARY APPROVALS . 1625.GOOD FAITH PERFORMANCE. 1626.NONEXCLUSIVE DEALINGS . 1627.RATE TRUE-UP . 1628.SURVIVAL. 1729.ENTIRE AGREEMENT. 1730.MISCELLANEOUS . 17CCCS 6 of 496
General Terms and ConditionsPage 3THIS AGREEMENT is made by and between BellSouth Telecommunications, Inc., (BellSouth), aGeorgia corporation, and MCImetro Access Transmission Services, L.L.C. (MCI), a Delaware limited liabilitycompany, and shall be effective on the Effective Date, as defined herein. This Agreement may refer to eitherBellSouth or MCI or both as a “Party” or “Parties.”WITNESSETHWHEREAS, BellSouth is a local exchange telecommunications company authorized to providetelecommunications services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, NorthCarolina, South Carolina and Tennessee; andWHEREAS, MCI is or seeks to become a Telecommunications Carrier authorized to provideTelecommunications Services in the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, NorthCarolina, South Carolina, and Tennessee; andWHEREAS, MCI wishes to resell BellSouth’s telecommunications services and purchase networkelements and other services, and, solely in connection therewith, may wish to utilize collocation space as set forthin Attachment 4 of this Agreement; andWHEREAS, the Parties wish to interconnect their facilities and exchange traffic pursuant to Sections251 and 252 of the Act.NOW THEREFORE, in consideration of the mutual agreements contained herein, BellSouth andMCI agree as follows:Definitions Terms used in this Agreement shall have the meanings specified below, or as definedin the Act, or if neither of the foregoing apply, then they shall have their ordinary meanings.Affiliate is defined as a person that (directly or indirectly) owns or controls, is owned orcontrolled by, or is under common ownership or control with, another person. For purposes ofthis paragraph, the term “own” means to own an equity interest (or equivalent thereof) of morethan ten (10) percent.Commission is defined as the appropriate regulatory agency in each state of BellSouth’s ninestate region (Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina,South Carolina, and Tennessee).Competitive Local Exchange Carrier (CLEC) means a telephone company certificated by theCommission to provide local exchange service within BellSouth's franchised area.Customer means the purchaser of a Telecommunication Service.Customer of Record means the entity responsible for placing application for Service; requestingadditions, rearrangements, maintenance or discontinuance of Service; payment in full of chargesincurred for Services such as nonrecurring (NRC) or monthly recurring (MRC).Day is defined to mean calendar day, unless otherwise expressly noted.Deposit means assurance provided by a customer in the form of cash, surety bond or bank letterof credit to be held by BellSouth.CCCS 7 of 496
General Terms and ConditionsPage 4Effective Date is defined as the date that the Agreement is effective for purposes of rates, termsand conditions and shall be thirty (30) calendar days after the date of the last signature executingthe Agreement. Future amendments for rate changes will also be effective thirty (30) calendardays after the date of the last signature executing the amendment.End User Customer Location means the physical location of the premises where an End Usermakes use of the telecommunications services.FCC means the Federal Communications Commission.General Terms and Conditions means this document including all of the terms, provisions andconditions set forth herein.National Holiday means New Year's Day, Martin Luther King Jr. Day, President'sDay/Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day,Veterans' Day, Thanksgiving Day, Christmas Day. In the calculation of intervals of less than ten(10) calendar days national holidays will be excluded.New Services means functions, features or capabilities that are not currently offered byBellSouth. This includes packaging of existing services or combining a new function, feature orcapability with an existing service.Resale means an activity wherein a certificated CLEC, such as MCI, subscribes to thetelecommunications services of BellSouth and then offers those telecommunications services tothe public.Services means all services provided under this Agreement (individually referred to as the“Service” or collectively as the “Services.”)Telecommunications means the transmission, between or among points specified by the user, ofinformation of the user’s choosing, without change in the form or content of the information assent and received.Telecommunications Service means the offering of telecommunications for a fee directly to thepublic, or to such classes of users as to be effectively available directly to the public, regardless ofthe facilities used.Telecommunications Act of 1996 (Act) means Public Law 104-104 of the United StatesCongress effective February 8, 1996. The Act amended the Communications Act of 1934 (47U.S.C. Section 1 et. seq.).“Except as expressly provided for in this Agreement, the use of the terms "end user" and"customer" shall not be construed or interpreted to limit those types of customers to which MCImay sell services in accordance with Applicable Law. In no event may MCI or its customers useUNEs for the exclusive provision of mobile wireless services or interexchange services.”1CertificationEach Party has a continuing obligation to comply with state and federal certificationrequirements and will provide documentation of such compliance upon request.To the extent MCI is not certified as a Telecommunications Carrier in each state covered by thisAgreement as of the execution hereof, MCI will notify and provide BellSouth in writing MCI’sTelecommunications Carrier certification when MCI becomes certified to operate in any otherCCCS 8 of 496
General Terms and ConditionsPage 5state covered by this Agreement. Upon such notification, BellSouth will file this Agreement withthe appropriate Commission for approval.2Term of the Agreement2.1The term of this Agreement shall be three (3) years, beginning on the Effective Date and shallapply to the BellSouth territory in the state(s) of Alabama, Florida, Georgia, Kentucky,Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee.2.2The Parties agree that by no later than two hundred seventy (270) calendar days prior to theexpiration of this Agreement, they shall commence negotiations for a new agreement to beeffective beginning on the expiration date of this Agreement (Subsequent Agreement).2.3If, within one hundred and thirty-five (135) calendar days of commencing the negotiationreferred to in Section 2.2 above, the Parties are unable to negotiate new terms, conditions andprices for a Subsequent Agreement, either Party may petition the Commission to establishappropriate terms, conditions and prices for the Subsequent Agreement pursuant to 47 U.S.C.252. The Parties agree that, in such event, they shall encourage the Commission to issue its orderregarding the Subsequent Agreement no later than the expiration date of this Agreement. TheParties further agree that in the event the Commission does not issue its Arbitration order prior tothe expiration date of this Agreement, or if the Parties continue beyond the expiration date of thisAgreement to negotiate the Subsequent Agreement, the Subsequent Agreement ultimatelyordered by the Commission, or negotiated by the Parties, will be effective upon the effective dateset forth in the Subsequent Agreement.2.4Notwithstanding the foregoing and except as set forth in Section 2.4.1 below, if, as of the date ofthe expiration of this Agreement and extension of this Agreement pending replacement with asubsequent agreement, the Parties are not actively negotiating pursuant to Sections 251 and 252of the Act for a Subsequent Agreement and no arbitration proceeding has been filed inaccordance with Section 252 of the Act, then either Party may terminate this Agreement uponsixty (60) calendar days notice to the other Party. In the event that BellSouth terminates thisAgreement as provided above, BellSouth shall continue to offer services to, and accept ordersfrom, MCI pursuant to BellSouth's then current standard interconnection agreement or MCI mayexercise its rights under Section 252(i) of the Act. In the event that BellSouth's standardinterconnection agreement becomes effective as between the Parties or MCI adopts anotheragreement pursuant to Section 252(i) of the Act, the Parties may continue to negotiate aSubsequent Agreement, and the terms of such Subsequent Agreement shall be effective as of theeffective date stated in such Subsequent Agreement.2.4.1If a Subsequent Agreement is being negotiated in accordance with Sections 251 and 252 of theAct, but negotiations are not completed, or if an arbitration proceeding has been filed inaccordance with Section 252 of the Act, and if the Commission does not issue its order prior tothe expiration of this Agreement, this Agreement shall be deemed extended and amendments canbe negotiated to it until the Subsequent Agreement becomes effective. The terms of suchSubsequent Agreement shall be effective as of the effective date stated in such SubsequentAgreement and shall not be applied retroactively to the expiration date of this Agreement unlessthe Parties agree otherwise. Unless provided otherwise in this Agreement, neither Party shallrefuse to provide services to the other Party or to accept orders from the other Party during thegood faith negotiation of the Subsequent Agreement or during the transition from this Agreementto the Subsequent Agreement or BellSouth’s standard interconnection agreement.3Nondiscriminatory Access3.1When MCI purchases Telecommunications Services from BellSouth pursuant to Attachment 1 ofthis Agreement for the purposes of resale to customers, such services shall be equal in quality,CCCS 9 of 496
General Terms and ConditionsPage 6subject to the same conditions, and provided within the same provisioning time intervals thatBellSouth provides to its Affiliates, subsidiaries and customers. To the extent technicallyfeasible, the quality of a Network Element, as well as the quality of the access to such NetworkElement provided by BellSouth to MCI shall be at least equal in quality to that which BellSouthprovides to itself, its Affiliates or any other Telecommunications carrier. The quality of theinterconnection between the network of BellSouth and the network of MCI shall be at a level thatis equal to that which BellSouth provides itself, a subsidiary, an Affiliate, or any other party.4Court Ordered Requests for Call Detail Records and Other Subscriber Information4.1Subpoenas Directed to BellSouth. Where BellSouth provides resold services or local switchingfor MCI, BellSouth shall respond to subpoenas and court ordered requests delivered directly toBellSouth for the purpose of providing call detail records when the targeted telephone numbersbelong to MCI customers. Billing for such requests will be generated by BellSouth and directedto the law enforcement agency initiating the request. BellSouth shall maintain such informationfor MCI customers for the same length of time it maintains such information for its owncustomers.4.2Subpoenas Directed to MCI. Where BellSouth is providing to MCI TelecommunicationsServices for resale or providing to MCI the local switching function, then MCI agrees that inthose cases where MCI receives subpoenas or court ordered requests regarding targeted telephonenumbers belonging to MCI customers, and where MCI does not have the requested information,MCI will advise the law enforcement
MCI metro Access Transmission Services, LLC US LEC Communications, Inc. Interconnection Agreement Interconnection Amendment Case No. 00038 Case No. 00576. Ms. Beth O Donnell October 26, 2006 Page 2 Regarding the Agreement with MClmetro, BellSouth is also filing a copy of that Agreement in Cas
