Transcription
AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION,UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES,AND RESALE OF TELECOMMUNICATION SERVICESBETWEENQWEST CORPORATIONANDMCIMETRO ACCESS TRANSMISSION SERVICES LLCIN THE STATE OF NEBRASKA
TABLE OF CONTENTSSECTION 1.0 - GENERAL TERMS .1SECTION 2.0 - INTERPRETATION AND CONSTRUCTION .5SECTION 3.0 - CLEC INFORMATION .7SECTION 4.0 - DEFINITIONS .9SECTION 5.0 - TERMS AND 5.255.265.275.285.295.305.315.32GENERAL PROVISIONS . 29TERM OF AGREEMENT . 30PROOF OF AUTHORIZATION. 30PAYMENT . 31TAXES . 33INSURANCE . 33FORCE MAJEURE . 34LIMITATION OF LIABILITY . 34INDEMNITY . 35INTELLECTUAL PROPERTY . 36WARRANTIES . 39ASSIGNMENT . 39DEFAULT . 40DISCLAIMER OF AGENCY . 40SEVERABILITY . 40NONDISCLOSURE . 40SURVIVAL . 43DISPUTE RESOLUTION . 43CONTROLLING LAW . 45RESPONSIBILITY FOR ENVIRONMENTAL CONTAMINATION . 45NOTICES. 46RESPONSIBILITY OF EACH PARTY . 47NO THIRD PARTY BENEFICIARIES . 47RESERVED FOR FUTURE USE. . 47PUBLICITY . 47EXECUTED IN COUNTERPARTS . 48COMPLIANCE . 48COMPLIANCE WITH THE COMMUNICATIONS ASSISTANCE LAW ENFORCEMENT ACTOF 1994 . 48COOPERATION . 48AMENDMENTS . 48ENTIRE AGREEMENT . 48RESERVED FOR FUTURE USE. . 48SECTION 6.0 – RESALE.496.16.26.36.46.56.6DESCRIPTION. 49TERMS AND CONDITIONS . 49RATES AND CHARGES . 53ORDERING PROCESS . 55BILLING . 56MAINTENANCE AND REPAIR . 56June 30, 2006/ccd/NEQwest/MCI Negotiated AgreementCDS –060420-0008-i-
SECTION 7.0 - INTERCONNECTION .577.17.27.37.47.57.67.7INTERCONNECTION FACILITY OPTIONS . 57EXCHANGE OF TRAFFIC . 59RECIPROCAL COMPENSATION . 68ORDERING . 74JOINTLY PROVIDED SWITCHED ACCESS SERVICES . 75TRANSIT RECORDS . 75LOCAL INTERCONNECTION DATA EXCHANGE FOR BILLING . 76SECTION 8.0 - COLLOCATION .778.18.28.38.48.58.6DESCRIPTION. 77TERMS AND CONDITIONS . 79RATE ELEMENTS . 95ORDERING . 101BILLING . 114MAINTENANCE AND REPAIR . 115SECTION 9.0 - UNBUNDLED NETWORK ENERAL TERMS . 117UNBUNDLED LOOPS . 121SUBLOOP UNBUNDLING . 137INTENTIONALLY LEFT BLANK . 148NETWORK INTERFACE DEVICE (NID) . 148UNBUNDLED DEDICATED INTEROFFICE TRANSPORT (UDIT). 152UNBUNDLED DARK FIBER . 159INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167INTENTIONALLY LEFT BLANK . 167ADDITIONAL UNBUNDLED ELEMENTS . 167CONSTRUCTION CHARGES. 167INTENTIONALLY LEFT BLANK . 167LINE SPLITTING . 167RESERVED FOR FUTURE USE. . 171UNBUNDLED NETWORK ELEMENTS COMBINATIONS (UNE COMBINATIONS) . 171LOOP SPLITTING . 184SECTION 10.0 - ANCILLARY SERVICES .18910.110.210.310.410.510.6RESERVED FOR FUTURE USE . 189LOCAL NUMBER PORTABILITY . 189911/E911 SERVICE . 196WHITE PAGES DIRECTORY LISTINGS . 200DIRECTORY ASSISTANCE . 204DIRECTORY ASSISTANCE LIST. 207June 30, 2006/ccd/NEQwest/MCI Negotiated AgreementCDS –060420-0008- ii -
10.7 TOLL AND ASSISTANCE OPERATOR SERVICES . 21010.8 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS OF W AY. 214SECTION 11.0 - NETWORK SECURITY.227SECTION 12.0 - ACCESS TO OPERATIONAL SUPPORT SYSTEMS (OSS) .23212.1 DESCRIPTION. 23212.2 OSS SUPPORT FOR PRE-ORDERING, ORDERING AND PROVISIONING . 23212.3 MAINTENANCE AND REPAIR . 244SECTION 13.0 - ACCESS TO TELEPHONE NUMBERS .255SECTION 14.0 - LOCAL DIALING PARITY .256SECTION 15.0 - QWEST DEX .257SECTION 16.0 - REFERRAL ANNOUNCEMENT.258SECTION 17.0 - BONA FIDE REQUEST PROCESS .259SECTION 18.0 - AUDIT PROCESS.262SECTION 19.0 - CONSTRUCTION CHARGES.265SECTION 20.0 - SERVICE PERFORMANCE.266SECTION 21.0 - NETWORK STANDARDS.267SECTION 22.0 - SIGNATURE PAGE .271June 30, 2006/ccd/NEQwest/MCI Negotiated AgreementCDS –060420-0008- iii -
TABLE OF CONTENTS FOR EXHIBITSEXHIBIT ARatesEXHIBIT BService Performance IndicatorsEXHIBIT CService Interval TablesEXHIBIT DQwest Right of Way, Pole Attachment and/or Innerduct OccupancyGeneral Information DocumentEXHIBIT EVertical Switch Features for UNE SwitchingEXHIBIT FSpecial Request ProcessEXHIBIT GChange Management Process (CMP)EXHIBIT HReserved for Future UseEXHIBIT IIndividual Case Basis (ICB)EXHIBIT JIntentionally Left BlankEXHIBIT KPerformance Assurance PlanEXHIBIT LAdvice Adoption LetterEXHIBIT MInterim Advice Adoption LetterEXHIBIT NList of Former MCI Competitive Local Exchange Carrier EntitiesJune 30, 2006/ccd/NEQwest/MCI Negotiated AgreementCDS –060420-0008- iv -
Section 1General TermsSection 1.0 - GENERAL TERMS1.1This Agreement for Interconnection, Unbundled Network Elements, ancillaryservices, and resale of Telecommunications Services is between and Qwest Corporation(“Qwest”), a Colorado Corporation with offices at 1801 California Street, Denver, Colorado80202, and MCImetro Access Transmission Services LLC (“Surviving Entity” or “CLEC” or“MCI”) for itself and as successor-in-interest to the CLEC business operations of its current andformer affiliates (each, a “Merged Entity,” collectively, the “Merged Entities” as listed in ExhibitN), pursuant to Section 252(a)(1) of the Telecommunications Act of 1996, effective as of thedate of Commission approval (“Effective Date”). Qwest and MCI are each a Party and may bereferred to as the Parties.1.2This Agreement (sometimes also referred to herein as the “SuccessorAgreement”) sets forth the terms, conditions and pricing under which Qwest will provide toCLEC network Interconnection, access to Unbundled Network Elements, ancillary services, andTelecommunications Services available for resale within the geographical areas in which Qwestis providing local Exchange Service at that time, and for which Qwest is the incumbent LocalExchange Carrier within the state of Nebraska, for purposes of providing localTelecommunications Services.1.3This Agreement replaces the following previous interconnection agreements(each, a “Prior Agreement”) entered into between Qwest and MCI or one of the Merged Entities.Each and all of the Prior Agreements listed below shall be deemed to be terminated by mutualconsent of the Parties as of the Effective Date of this Agreement. Arbitrated Interconnection Agreement Between MCImetro AccessTransmission Services, Inc. and U S WEST Communications, Inc. for theState of Nebraska, originally executed on May 5, 2000.1.4Notwithstanding Section 1.3 above, the following amendments to the PriorAgreement, each of which have been previously filed with and approved by the Commission,shall be incorporated into this Successor Agreement and remain in full force and effect pursuantto those terms and conditions. Expedites for Design Services Amendment, originally executed on February 3,2005, as part of the Prior Agreement; Commercial Line-Sharing Amendment, originally executed on February 3,2005, as part of the Prior Agreement; LIS Forecasting Amendment, originally executed on September 5, 2001, aspart of the Prior Agreement; Amendment for Relative Use Factor, originally executed on April 14, 2005, aspart of the Prior Agreement; Single Point of Presence In The Local Access Transport Area ("SPOP")Amendment, originally executed on March 25, 2003, as part of the PriorAgreement;June 30, 2006/ccd/NEQwest/MCI Negotiated AgreementCDS –060420-0008-1-
Section 1General Terms Collocation Available Inventory Amendment, originally executed on July 30,2003, as part of the Prior Agreement; Interim Amendment For Certain Disputed Traffic, originally executed onNovember 16, 2004 as part of the Prior Agreement; Amendment to Interconnection Agreement for Elimination of UNE-P andImplementation of Batch Hot Cut Process and Discounts, originally executedon July 16, 2004, as part of the Prior Agreement.For administrative ease, the Parties have not undertaken a completerationalization of the remaining language in the body of this Agreement and in each of theAmendments. The Parties acknowledge and agree that certain inconsistencies or conflicts mayexist between language in the Agreement, including without limitation the Exhibits to theAgreement, on the one hand, and language in the Amendments, on the other. In all cases, it isthe Parties’ intention that in the event of a conflict, inconsistency, ambiguity or other differencebetween the language in the body of the Agreement, including without limitation the Exhibits,and the Amendments, that the terms and provisions of the Amendments shall be deemed toamend, modify, and replace for the term of the Agreement (including without limitation anyevergreen or renewal term) any conflicting, similar, inconsistent, contradictory or otherwisedifferent term or provision in the body of the Agreement, including without limitation, theExhibits.1.5Reservation of Rights.As of the date of signature of this Successor Agreement, Qwest and MCI havedisputes or are engaged in dispute resolution (either through business-to-business negotiationsand escalations or through formal dispute-resolution proceedings) with respect to the followingissues: Under the Prior Agreements, MCI and Qwest have an outstanding businessdispute regarding the amount of money, if any, owed to MCI by Qwest forreciprocal compensation, including without limitation for calls to ISPs, from andafter April 1, 2004, through the Effective Date of the Successor Agreement (“RCDispute”). As of the date of signature of the Successor Agreement, Qwest andCLEC are engaged in formal dispute resolution of the RC Dispute. Those disputeresolution proceedings contemplate a potential award in arbitration adjudicatingthe amount of money, if any, owed to MCI by Qwest for reciprocal compensationincluding without limitation for calls to ISPs from and after April 1, 2004, throughthe Effective Date of the Successor Agreement. Nothing in this SuccessorAgreement is intended to resolve, settle, release, or otherwise affect in any waythose dispute resolution proceedings or the RC Dispute for the period from April 1,2004, through the Effective Date of the Successor Agreement. MCI and Qwest disagree regarding the compensation arrangements that shouldgovern the exchange of ISP-bound traffic (including without limitation ISP-boundtraffic originated on Qwest’s network from a Local Calling Area (“LCA”) to an NPANXX obtained by MCI and filed in the Local Exchange Routing Guide (“LERG”) asbeing associated to a rate center within the LCA b
80202, andMCImetro Access Transmission Services LLC (“Surviving Entity” or “CLEC” or “MCI”) for itself and as successor-in-interest to the CLEC business operations of its current and former affiliates (each, a “Merged Entity,”
