RECITALS 1
ARTICLE I DEFINITIONS AND CONSTRUCTION 1
1.1 Structure 1
1.2 Defined Terms 1
1.3 Interpretation 2
1.4 Joint Work Product 2
ARTICLE II GENERAL SERVICE-RELATED PROVISIONS 2
2.1 Interconnection Activation Date 2
2.2 Bona Fide Request 2
2.3 Technical References 2
2.4 Availability of Services 3
ARTICLE III INTERCONNECTION PURSUANT TO SECTION 251(c)(2) 3
3.1 Scope 3
3.2 Interconnection Points and Methods 3
3.3 FiberMeet 4
3.4 Leased Facilities 6
3.5 Other Interconnection Methods 6
3.6 Network Implementation 6
3.4 Existing Network Interconnection Points 6
3.8 Additional Interconnection in Existing LATA 6
3.9 Nondiscriminatory Interconnection 7
3.10 Network Management 7
3.11 Standards of Performance 8
3.12 E911 Service 8
3.13 Mass Calling Trunk Groups 11
3.14 Network to Network Interconnection (NNI) 12
ARTICLE IV TRANSMISSION AND ROUTING OF TRAFFIC PURSUANT TO SECTION 251(c)(2) 12
4.1 Scope of Traffic 12
4.2 Limitations 12
4.3 Trunk Group Architecture and Traffic Routing 12
4.4 Signaling 13
4.5 Grades of Service 14
4.6 Measurement and Billing 14
4.7 Reciprocal Compensation Arrangements -- Section 251(b)(5) 14
4.8 Bill and Keep Option 15
4.9 Network Servicing Transport Capacity Management 15
4.10 Trunk Capacity Management 15
4.11 Reciprocal Servicing Objective/Traffic Data Exchange 15
4.12 In A Blocking Situation 16
4.13 Underutilization 16
4.14 Servicing Processes I.E. ASR/TGSR Order Administration 16
ARTICLE V TRANSMISSION AND ROUTING OF EXCHANGE ACCESS TRAFFIC PURSUANT TO 251(c)(2) 17
5.1 Scope of Traffic 17
5.2 Trunk Group Architecture and Traffic Routing 17
5.3 Trunk Groups 17
5.4 End Office Access 17
ARTICLE VI MEETPOINT BILLING ARRANGEMENTS 17
6.1 Meet-Point Billing Services 17
6.2 Data Format and Data Transfer 18
6.3 Errors or Loss of Access Usage Data 19
6.4 Payment 19
6.5 Additional Limitation of Liability Applicable to Meet-Point Billing Arrangements 19
ARTICLE VII BLV/BLVI TRAFFIC 20
7.1 Busy Line Verification 20
7.2 Busy Line Verification Interrupt 20
7.3 BLV/BLVI Traffic 20
7.4 BLV/BLVI Compensation 20
ARTICLE VIII TRANSIT SERVICE 20
8.1 Transit Service 20
8.2 Transit Service Defined 20
8.3 Compensation for Transit Service 20
8.4 Duration of Obligation 21
8.5 Signaling 22
8.6 Obligations of Terminating Carrier 22
ARTICLE IX UNBUNDLED ACCESS SECTION 251(c)(3) 22
9.1 Access to Network Elements 22
9.2 Network Elements 23
9.3 Combination of Network Elements 23
9.4 Nondiscriminatory Access to and Provision of Network Elements 25
9.5 Provisioning of Network Elements 25
9.6 Availability of Additional or Different Quality Network Elements 26
9.7 Pricing of Unbundled Network Elements 26
9.8 Billing 26
9.9 Maintenance of Unbundled Network Elements 26
9.10 Standards of Performance 27
ARTICLE X RESALE AT WHOLESALE RATES -- SECTION 251(c)(4) RESALE AT RETAIL RATES -- SECTION 251(b)(1) 27
10.1 Telecommunications Services Available for Resale at Wholesale Rates 27
10.2 Telecommunications Services Available for Resale at Retail Rates 28
10.3 Limitations on Availability of Resale Services 28
10.4 Additional Charges for Resale Services 29
10.5 Restrictions on Resale Services 29
10.6 New Resale Services; Changes in Provision of Resale Services 30
10.7 Operations Support Systems Functions 30
10.8 Nondiscriminatory Provision of Resale Services 30
10.9 Standards of Performance 31
10.10 Branding 31
10.11 Primary Local Exchange and Interexchange Carrier Selections 33
10.12 Functionality Required To Support Resale Service 34
10.13 Service Functions 35
10.14 Responsibilities of SBCT 36
10.15 Responsibilities of CBT 37
10.16 Exchange of Billing Information 38
10.17 Use of Service 38
ARTICLE XI NOTICE OF CHANGES SECTION 251(c)(5) 39
ARTICLE XII COLLOCATION SECTION 251(c)(6) 39
12.1 Physical Collocation 39
12.2 Nondiscriminatory Collocation 42
12.3 Eligible Equipment 42
12.4 Transmission Facility Options 43
12.5 Interconnection with other Collocated Carriers 43
12.6 Interconnection Points and Cables 44
12.7 Reservation of Space 44
12.8 Protection of Service and Property 45
12.9 Subcontractor and Vendor Approval 47
12.10 Delivery of Collocated Space 47
12.11 Terms of Collocation 51
12.12 Terms of Virtual Collocation 52
12.13 Common Requirements 54
12.14 Additional Physical Collocation Requirements 57
12.15 Indemnification 58
12.16 Pricing 58
12.17 Cancellation 58
12.18 Casualty Loss 58
ARTICLE XIII NUMBER PORTABILITY SECTION 251(b)(2) 59
13.1 Provision of Local Number Portability 59
13.2 Procedures for Providing LNP 59
13.2 Mass Calling Codes 61
ARTICLE XIV DIALING PARITY -- SECTION 251(b)(3) 61
ARTICLE XV DIRECTORY LISTINGS -- SECTION 251(b)(3) AND DIRECTORY ASSISTANCE LISTINGS 61
15.1 Directory Listings 61
15.2 Directory Assistance Listings 63
ARTICLE XVI ACCESS TO POLES, DUCTS, CONDUITS AND RIGHTS-OF-WAY - SECTIONS 251(b)(4) AND 224 65
16.1 Structure Availability 65
16.2 Franchises, Permits and Consents 66
16.3 Access and Modifications 66
16.4 Installation and Maintenance Responsibility 67
16.5 Emergency Repairs 67
16.6 Installation and Maintenance Standards 69
16.7 Implementation Team 69
16.8 Attachment Requests 69
16.9 Unused Space 69
16.10 Maintenance Ducts 69
16.11 Applicability 70
16.12 Other Arrangements 70
16.13 Cost of Certain Modifications 70
16.14 Maps and Records 70
16.15 SBCT Access 70
16.16 Occupancy Permit 70
16.17 Inspections 71
16.18 Damage to Attachments 71
16.19 Charges 71
16.20 Nondiscrimination 71
16.21 Interconnection 71
16.22 Cost Imputation 71
16.23 Structure Leasing Coordinator 72
16.24 State Regulation 72
16.25 Abandonments, Sales or Dispositions 72
ARTICLE XVII SERVICE PERFORMANCE MEASUREMENT AND CREDITS 72
17.1 Service Performance Records and Reporting 72
17.2 Service Credits 73
ARTICLE XVIII IMPLEMENTATION TEAM 76
ARTICLE XIX GENERAL RESPONSIBILITIES OF THE PARTIES 76
19.1 Compliance with Implementation Schedule 76
19.2 Compliance with Applicable Law 76
19.3 Necessary Approvals 76
19.4 Environmental Hazards 76
19.5 Forecasting Requirements 77
19.6 Certain Network Facilities 77
19.7 Traffic Management and Network Harm 77
19.8 Insurance 78
19.9 Labor Relations 78
19.10 Good Faith Performance 78
19.11 Responsibility to Customers 78
19.12 Unnecessary Facilities 78
19.13 Fraud 78
19.14 NXX Code Administration 78
19.15 LERG Listings 78
19.16 LERG Use 78
19.17 Switch Programming 79
19.18 Transport Facilities 79
19.19 Time is of the Essence 79
19.20 Interconnectivity 79
19.21 Numbering 79
ARTICLE XX PROPRIETARY INFORMATION 80
20.1 Definition of Proprietary Information 80
20.2 Disclosure and Use 81
20.3 Government Disclosure 82
20.4 Ownership 83
20.5 Equitable Relief 83
ARTICLE XXI TERM AND TERMINATION 84
21.1 Term 84
21.2 Renegotiation of Certain Terms 84
21.3 Default 84
21.4 Transitional Support 85
21.5 Payment Upon Expiration or Termination 85
ARTICLE XXII DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 85
ARTICLE XXIII CANCELLATION CHARGES 85
ARTICLE XXIV SEVERABILITY 86
24.1 Severability 86
24.2 Non-Contravention of Laws 86
ARTICLE XXV INDEMNIFICATION 86
25.1 General Indemnity Rights 86
25.2 Intellectual Property Rights 87
25.3 Environmental Contamination 87
25.4 Indemnification Procedures 87
ARTICLE XXVI LIMITATION OF LIABILITY 88
26.1 Limited Responsibility 88
26.2 Apportionment of Fault 88
26.3 Damages 88
26.4 Remedies 88
ARTICLE XXVII BILLING 89
27.1 Billing 89
27.2 Recording 89
27.3 Payment of Charges 89
27.4 Late Payment Charges 90
27.5 Failure to Pay 90
27.6 Termination for Nonpayment 90
27.7 Adjustments 90
27.8 Interest on Unpaid or Overbilled Amounts 91
27.9 Single Point of Contact 91
ARTICLE XXVIII DISPUTED AMOUNTS, AUDIT RIGHTS AND DISPUTE RESOLUTION 91
28.1 Disputed Amounts 91
28.2 Audit Rights 92
28.3 Dispute Escalation and Resolution 93
28.4 Other Relief 94
ARTICLE XXIX REGULATORY APPROVAL 94
29.1 Commission Approval 94
29.2 Tariffs 95
29.3 Amendment or Other Changes to the Act; Reservation of Rights 95
29.4 Regulatory Changes 95
29.5 Interim Rates 95
ARTICLE XXX REFERRAL ANNOUNCEMENT 96
ARTICLE XXXI MISCELLANEOUS 96
31.1 Authorization 96
31.2 Designation of Affiliate 96
31.3 Subcontracting 97
31.4 Independent Contractor 97
31.5 Force Majeure 97
31.6 Governing Law 97
31.7 Taxes 98
31.8 Non-Assignment 98
31.9 Non-Waiver 98
31.10 Notices 98
31.11 Publicity and Use of Trademarks or Service Marks 99
31.12 Nonexclusive Dealings 100
31.13 Section 252(i) Obligations 100
31.14 No Third Party Beneficiaries; Disclaimer of Agency 100
31.15 No License 100
31.16 Survival 100
31.17 Scope of Agreement 100
31.18 Counterparts 100
31.19 Entire Agreement 100
A. CBT is an Incumbent Local Exchange Carrier, as defined by the Act, authorized to provide certain Telecommunications Services within the state of Ohio, more particularly described as LATA 922.
3.2.3 Within ten (10) Business Days of a Party's request of any Interconnection Point, the other Party shall provide any information in its possession or of which it is actually aware regarding the environmental conditions of the Interconnection Point, including the existence and condition of asbestos, lead paint, hazardous substance contamination or radon. The Parties acknowledge that a Party's obligation under this Section 3.2.3 shall only require such Party to review any existing internal records of such Party. Nothing in this Section 3.2.3 shall require a Party to investigate and/or monitor, contain, clean, remove, restore or perform any remedial work of any kind or nature with respect to any environmental condition in or on such Interconnection Point, other than as required by Applicable Law.
3.3.6 The Parties will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. The Parties will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement said facilities.
3.3.7.2 DESIGN TWO. SBCT shall designate a manhole or other suitable entry way immediately outside the MISC as a Fiber Meet entry point and shall make all necessary preparations to receive, and to allow and enable CBT to deliver, fiber optic facilities into that manhole with sufficient spare length for SBCT to pull the fiber cable to the SBCT cable vault and there splice the cable for connectivity with the OLTM equipment SBCT has installed in the MISC. CBT shall deliver and maintain such strands wholly at its own expense. Upon verbal request by CBT to SBCT, SBCT will allow CBT access to the Fiber-Meet entry point for maintenance purposes as promptly as possible after SBCTs receipt of such request. The Interconnection Point will be defined as the designated manhole or entry-way.
(3) Provisioning of specific E9-1-1 routing information on each access line; Storing the names, service addresses, and associated telephone numbers from SBCT’s exchanges in the electronic data processing database for the E9-1-1 DBMS.
(h) In the event of a CBT or SBCT E9-1 1 trunk group failure, the Party that owns the trunk group will notify, on a priority basis, the other Party of such failure, which notification shall occur within two (2) hours of the occurrence or sooner if required under Applicable Law. The Parties will exchange a list containing the names and telephone numbers of the support center personnel responsible for maintaining the E9 1 1 Service between the Parties.
4.8.1 By mutual agreement the Parties may elect to institute a bill and keep compensation plan under which neither Party will charge the other Party for call transport and termination compensation for Local Traffic between the Parties.