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S. C. PUBLIC SERVICE COMNSSION
JN 0 6 i999
RESALE AGREEMENT
S. C. p
BETWEEN
GTE SOUTH INCORPORATED
AND
UNITED STATES TELECOMMUNICATIONS, INC.
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TABLE OF CONTENTS
ARTICLE I
SCOPE AND INTENT OF AGREEMENT
ARTICLE II
DEFINITIONS .
General Definitions1.11.21.31.41.51.61.71.81.91.101.111.121.131.141.151.161.171.181.19
.. 1.201.211.221.231.241.251.261.271.281.291.301.31
ARTICLE III
GENERAL PROVISIONS
Act .
Applicable LawAss Transfer (AIT)Basic Local Exchange ServiceBusiness DayCentralMed Message Distribution System (CMDS) ..Commission .
Competitive Local Exchange Carrier (CLEC) .
Currently AvailabieCustomer .
E-911 ServiceExchange Ilessage Record (EMR)Exchange ServiceFCC ................. —.:...GTE GuideGTOC ........................................Incumbent Local Exchange Carrier {ILEC) .
Interexchange Carrier (IXC)Line Information Data Base (UDB)Local Exchange Carrier (LEC)Local Number Portability (LNP)Local Traffic911 ServiceNumbering Plan Area (NPA)NXX, NXX Code, Central Office Code or CO Code ..Party/PartiesProvider .
SubsidiaryTelecommunications ServicesUndefined Terms ...........Vertical Features (including CLASS Features)
II-1
II-1
II-1
... II-1
II-1
...II-1
...II-1
...II-1. II-1
... II-1
... II-1
... II-1
... II-2
... Il-2
... II-2
... II-2
... II-2
... II-2
.. II-2... II-2... II-2
... II-2
... II-2
... 9-3
... II-3
... II-3.. II-3
. II-3
... II-3
... II-3
... 8-3
...II-3
1. S of General Provisions
2.42.5
Termination U n SaleLiabiT u n Terminafion
3. Amendments
Term andXerminafion2.1 Term2.2 Post-Termination Arra ements2.3 Termination U n Default
III-1
III-1
III-1
III-1
III-1
fil-1
fil-2
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5. AutoNY
6. es nsibiT for Pa ent
III-2
III-2
~Bill EP t.7.1 ~Dis ute7.2 Late Pa ent Char e7.3 Que Date7.4 Audits
8. ~iCh Eff~ .
9. Ca 'lanni and For
III-2
lll-2III-2III-2III-2
III-3
III-3
10. Com Hence with Laws and R ulations
11. Confidential Information11.1 Idenfiflcadon11.2 ~Handlin '1.3
~E
1124 Survival
III-3
lll-3III-3III-3III-4III-4
12. Consent III-4
13.
14. Reimbursement of nses
15. ~Ot R15.1 Alternative to
' ationt 5.2 ~N
15.3 Arbitration .
154 Ex itedArbitra5on Procedures15.5 Costs15.6 Continuous Seivlce .
15. E~EA t .
17. Bmenses
18. ~P* *M '9.
Good Faith Peiformance ..
20. ~Bi 1
21. Standard Pracdces
III-4III-4
III-5
lil-5III-5III-5ill-5
III-5
III-6
III-6
lll6
ill-6
. Ill-6
22. ~Headin
23. Inde nd n Contractor Relationshi
ill-6
III-6
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24. Law Enforcement Interface III-7
25.25.1 Indemnifieation .
252 End User and Content-ReiaterLCIatms25.3 ~DiscUIIME254 ~U'I 3 IUSMI25.5 l~tll 5 I P
III-715-75I-75I-85I-85I-8
26. Multi le Counter arts
27. No Third Pa Beneficiaries
28. blo5ces
III-8
5I4
5l-8
29. Pretec5on .
29.1 Im irment of Senric29.2 Resolution .
30. Pubticuf
31. Re ulato A en Control.
32. Chan esinLe alR uirements
t5-9t5-9I5-9
III-9
15-9
5I-10
33. Effective Date.
34. ~RI t Msl
35. Rule of Construction
38. Section References
5I-1 0
I5-10
III-10
III-10
37. Service Standards
33. ~SMIIII-10
III-10
39. Subcontractors .
45. ~sbs t 5
III-10
41. Taxes41.1 Tax .
41.2 Fees/Re ulato Surchar es
III-11lil-11ill-11
42. Trademarks and Trade Names
43. Waiver
44. TBD Prices
5l-11
ARTICLE IVGENERAL RULES GOVERNING RESOLD SERVICES . IV-1
1. General IV-1
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2. ~LI bBTI II GGTTEE
2.1 Ina licebiT of Tariff Liebil'2
USTELCOM Tariffs or Contracts2.3 Li bil' E
IV-1IV-1IV-1IV-1
3. U autho'd Chan es3.1 Procedures
IV-1IV-1
4. Im ct of Pa ent of Char es on Seniice .
5. Unlawful Use of Service
B. ~tf Ll IV-3
T. P ocedures For Preorderin Orderin Provisionin Etc IV-3
9. Customer Contacts IV-3
ARTICLE VRESALE OF SERVICES
1. General
2. Terms and Conditions2.1 Restrictions on Resale2.2 Interim Universal Service Su rt Char e for Resale Services ..2.3 Restrictions on Discount of Retail Senrices2.4 Resale to Other Camera
V-1
V-1
V-1V-1V-1V-2V-2
G~d' Bill V-23.13.23.33.43.53.63.73.83.9
Local Service R uestCertificate of 0 rati Autho 'irecteAssistance DA Listin sNonrecumn Char esTransfers Between USTELCQM and Another Reseller of GTE Services~LIE II 2 I ll
ProceduresLIDB0 'natin Line Number Screenin OLhlS
V-2V-2V-2V-2V-3
V-3V-3
Maintenance4.1 Maintenance Testin and Re air4.2 S cifics and Procedures for Maintenance
5. Seniices Available for Resale5.1 Descri 'on of Loca! Exchan e Services Available for Resale52 Other Senrices Available for Resale5.3 Rates5 4 Grandfathered Services5.55.6 0 rater Senrices OS and Directe ~nce A .
V-3V-3V-3
V-3V-3V-4V-4V-4V-4V-4
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6. Misdirected Calls
911/E911 Arran ements7.1 Descri 6on ofService .
7.2 Coo ration end evel of Performance7.3 U ates to Master Stre t Address Gu e SAG
7.5 C~ti*7.6 ~a@liat .
8. Dialin Format Chan es
APPENDIX ASERVICES AVAILABLE FOR RESALE
APPENDIX BSERVICE ORDERING, PROVISIONING, BILLING AND MAINTENANCE ..
APPENDIX CRATES/CHARGES FOR MISCELLANEOUS 911/E911 ITEMS .
V-5
V-5V-5V-5V-5V-5V-6V6
V-6
A-1
APPENDIX 45AGTE/USTELCOM OPT-IN NEGOTIATION ISSUES
APPENDIX 45BGTE/USTELCOM OPT-IN NEGOTIATION ISSUESATST/GTE TERMS
45A-1
456-1
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This Resale Agreement (the "Agreement"), is by and between GTE South Incorporated, with its address forpurposes of this Agreement at 600 Hidden Ridge Drive, Irving, Texas 75038 ("GTE"), and United StatesTelecommunications, Inc., in its capacity as a cerfified provider of local two-way wireline dial-tone service("USTELCOM"), viith its address for this Agreement at 13902 N. Dalemabry, Suite 212, Tampa, Florida,33618 (GTE and USTELCOM being referred to collectively as the "Parties" and individually as a "Party").This Agreement covers services in the state of South Carolina only (the "State").
WHEREAS, Section 251 of the Telecommunications Act of 1996 (the "Act") imposes specific obligations onLECs with respect to the resale of telecommunications services; and
WHEREAS, GTE is entering into certain aspects of this Agreement which provide USTELCOM with theoption of replacing certain rates set forth in this Agreement with the rates from a particular Commission-approved arbitrated agreement between GTE and AT&T, pursuant to Article III, Section 45 herein. GTEhas entered into such terms, which may cause adverse results from an arbitrated agreement to beincorporated into this Agreement at a future date, in order to avoid the expense of arbitration while at thesame time preserving its legal positions, rights and remedies;
NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good andvaluable consideration, the receipt and sufficiency of which are hereby acknowledged, GTE andUSTELCOM hereby covenant and agree as follows:
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ARTICLE I
SCOPE AND INTENT OF AGREEMENT
Pursuant to this Agreement, the Parties will extend certain arrangements to one another within each area inwhich they both operate within the State for the purchase of certain telecemmunicsfien senrices. ThisAgreement also governs the purchase by USTELCOM of certain telecommunications services provided byGTE in its franchise areas for resale by USTELCOM. This Agreement is an integrated package that refiectsa balancing of interests cdTical to the Parties. This Agreement will be submitted to the South CarolinaPublic Service Commission (the "Commission") for approval. The Parfies agree that their entrance into thisAgreement Is without prejudice to and does not waive any posrTions they may have taken previously, or maytake in the future, in any legislative, regulatory, Judicial or other public forum addressing any matters,including matters related to the same types of arrangements and/or matters related to GTE's cost recoverycovered in this Agreement. USTELCOM agrees to negotiate reciprocal terms and condiTions with GTEbased on this Agreement. GTE's execution of this Agreement is not a concession or waiver in any mannerconcerning ils position that certain of the rates, terms and conditions contained herein are unlawful, illegaland improper.
The services and facilities to be provided to USTELCOM by QTE in satisfaction of this Agreement may beprovided pursuant to GTE tariffs and then current practices. Should such services and facilities be modifiedby tariff or by Order, including any modifications resulting from other Commission proceedings, federalcourt review or other judicial acfion, and unless otherwise specified herein, such modifi'cations will bedeemed to automatically supersede any rates and terms and condiTions of this Agreement. The Partiesshafi cooperate with one another for the purpose of incorporating required modifications into thisAgreement.
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ARTICLE 5
DEFINITIONS
General Definitions. Except as otherwise spedfied herein, the following definiTions shall apply to afi
Articles snd Appehdices contained in this Agreement, Additional definTiions that are speclfic te (hematters covered in a parbcular Article may appear in that Article. To the extent that there may beany conflict between a definition set forth in this Article 5 and any definition in a specffic Ar(lcle orAppendix, the definition set forth in the specific Article or Appendix shall control with respect to thatArbcle or Appendix.
1.1 Act - the Telecommunications Act ef 1996, Public Law 104-1 04 of the 104th United StatesCongress effective February 8, 1996.
1.2 Applicable Law - all laws, statutes, common law, regula5ons, ordinances, codes, rules,guidelines, orders, peimits, and approvals of any Governmental Authority, which apply orrelate to the subject matter of this Agreement.
1.3 As4s Transfer (AIT) - the transfer of afi telecommunications senrices and featuresavailable for resale, that are currently being provided for a speclfic account, without therequirements of a specific enumeration of the senrices and features on the Local ServiceRequest (LSR).
1.4 Basic Local Exchange Service-voice grade acsessto the network that provides: theability to place and receive calls; touch-tone senrice, access to operator senrices; access to
directory assistance; access to emerg'ency senrices (E-911); access to telephone relayservice (TRS); access to interexchange carriers of the customer's choice; standard white
pages directory listing; and toll blocking for low-income sonsumers parficipafing in Lifeline
(subject to technical feasibfiity).
1.5 Business Day - Monday thr'ough Friday, except for holidays on whtch the U.S. mail is notdelivered.
1.6 Centraliied Message Distribution System (CMDS) - the billing record and clearinghouse transport system that the Regional Bell Operating Companies (RBOCs) and otherincumbent LECs use to effigently exchange out collects and in collects as well as CarrierAccess Billing System (CABS) records.
1.7 Commission -the South Caiolina Public Senrice Commission
1.8 Competitive Local Exchange Gamer (CLEC) - any company or person authorized toprovide local exchange services in competition with an ILEC.
1.9 Currently Available - existing as part of GTE's network at the time of the requested orderor service and does not include ahy senrice, feature, function or capabiTity that GTE eitherdoes not provide to itself or to its own end users, or does not have the capabfiity to provide.
1.10 Customer - GTE oi USTELCOM depending on the context and which Party is receMng theservice from the ether Party.
1 11 E-911 Service - a method of rou5ng 911 calls to a Pubfic Service Answering Point thatuses a eustemer location database to determine the location to which a call should berouted. E-9-1-1 service includes the forwarding of the cafier's Automatic NumberIdentification (ANI) to the PSAP where the ANI is used to retrieve and display the Automafic
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Location Identification (ALI) on a terminal screen at the answering Attendant's posiTion. tt
usually includes selective routing.
1.12 Exchange Nlessage Record (EMR) - an industry standard record used to exchangetelecommunications message information among CLECs for billable, non:bi1!able, sample,settlement and study data. EMR format is defined in BR-010-200-010 GRIS ExchangeMessage Record, published by Bellcore.
1.1 3 Exchange Service - all basic access line senriees, or any other senrices offered to endusers which provide end users with a telephonic connection to, and a unique telephonenumber address on, the Public Switched Telecommunications Network (PSTN), and whichenable such end users to place or receive calls to all other stations on the PSTN.
1.14 FCC - the Federal Communica5ons Commission.
1.16 GTE Guide - the GTE Open Market Transibon Order/Processing Guide, LSR Guide, andProducts and Senrices Guide which contain GTE's operating procedures for ordering,provisioning, trouble reporfing and repair for resold services and unbundled elements andGTE's CLEC Interconnection Guide which provides guidelines for obtaining interconnectionof GTE's Switched Network vrith the networks of all cerfified CLECs for reciprocalexchange of traffic. Except as specifically provided otherwise in this Agreement, serviceordering, provisioning, billing and maintenance shall be governed by the Guide which maybe amended from time to time by GTE as needed.
1.16 GTOC - GTE Telephone Operating Co'mpany.
1.17 Incumbent Local Exchange Carrier (ILEC) - any local exchange carrier that was as ofFebruary 8, 1996, deemed to be a member of the Exchange Carrier Association as setforth in 47 C.F.R. ()69.601 (b) of the FCC's regulations.
1.18 Interexchange Carrier gXC) - a telecommunications senrice provider authorized by theFCC to provide interstate iong distance communications services between LATAs and areauthorized by the State to provide inter- and/or intraLATA long distance communicationsservices within the State.
1.19 Line Information Data Base (LIDB) — one or all, as the context may require, of the LineInformation databases owned individually by GTE and other entifies which provide, amongother things, calling card validation functionality for telephone line number cards issued byGTE and other entities. A LIDB also contains validation data for collect and third number-billed calls; i.e., Billed Number Screening.
1.20 Local Exchange Carrier (LEC) - any company certified by the Commission to providelocal exchange telecommunicatrons service. This includes the Parfies to this Agreement.
1.21 Local Number PortabiTity (LNP) — the ability of users of telecommunications services toreta'in, at the same location, exisfing telecommunications numbem without impairment ofquality, reliability, or convenrence when switching from one telecommunications carrier toanother.
Local Traffic - traffic that is originated by an end user of one Party and terminates to theend user of the other Party within GTE's then current local senring area, includingmandatory local calling scope arrangements. A mandatory local calling scopearrangement is an arrangement that provides end users a local calling scope, ExtendedArea Service (EAS), beyond their basic exchange serving area. Local Traffic does ~oinclude optional local calling scopes (i.e,, optional rate packages that permit the end user
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to choose a local calling scope beyond their basic exchange serving area for an addTiienal
fee), referred to hereafter as "optional EAS". Local Traffic excludes Enhanced ServiceProvider (ESP) traflic (e.g. Internet, 900-976, etc.) ahd Internet Protocol based voice or faxtelephony.
1.23 911 Service — a universal telephone number which gives the public direct access to thePSAP. Basic 911 service collects 911 calls froin one or more local exchange switches thatserve a geographic area. The calls are then sent to the correct authortty designated toreceive such calls.
1.24 Numbering Plan Area (NPA) - also sometimes referred to as an area code, is the threedigit indicator which is defined by the A", B", and C digits of each 10-digit telephonenumber within the NANP. Each NPA contains 800 possible NXX Codes. There are two
1 I tw 'NPA,'~Gi NPA'' ' .AGeographic NPA is associated with i defined geographic area, and all telephone numbersbearing such NPA are associated with services provided within that geographic area. ANon-Geographic NPA, also known as a Service A Code" or "SAC~de" is typicallyassociated with a specialized teleceinmunications service which may be provided acrossmultiple geographic NPA areas. 800, 900, 700, and 888 are examples of Non-GeographicNPAs.
1.25 NXX, NXX Code, Central Office Code or CO Code - the three digit switch entity indicatorwhich is defined by the "D", "E", and F digits of a 10-digit telephone number wit'hin theNANP. Each NXX Coda contaTns 10;000 station numbem.
1.26
1.27
Party/Parties — GTE and/or USTELCOM.
Provider- GTE or USTELCOM depending on the context and which Party is providing theservice to the other Party.
1.28 Subsidiary - a coiponition or other legal entity that is majerity owned by a Party.
1.29 Telecommunica'tions Services - the offering of telecommunications for a fee directly tothe public, or to such classes of users as to be effectively available directly to the public,regardless of the faciliTies used.
1.30 Undefined Teims - temis that may appear in this Agreement which are not defined.Parties acknowledge and agiee that any such terms shall be construed in accerdance withcustomary usage in the telecommunications industry as of the effective date of tliTs
Agreement.
1.31 Vertical Features (incIuding CLASS Features) - vertical services and switchfunctionalities provided by GTE, including: Automatic Call Back; Automatic Recall; CallForwarding Busy Une/Don't Answer; Call Forwarding Don't Answer; Call ForwardingVariable; Cail Forwarding - Busy Line; Call Trace; Call Waiting; Call Number DeliveryBlocking Per Gall; Calling Number Blocking Per Line; Carisel Cali Wa/Ting; DistinctiveRinging/Call Waiting; Incoming Call Line idenuiicalion Delivery; Selective Call Forward;Selective Call Rejectien; Speed Calling; and Three Way Calling/Call Transfer.
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ARTICLE fil
GENERAL PROVISIONS
1, Sco of General Provisions. Except as may otherwise be set forth in a parficular Article orAppendix of this Agreement, in which case the provisions of such Article or Appendix shall control,these General Provisions apply to afi Articles and Appendices of this Agreement.
Term and Termination
2.1 Term. Subject to the termination provisions contained in this Agreement, the term of thisAgreement shall be two (2) years from the effective date of this Agreement and shallcontinue in effect for consecutive one (1) year terms un51 either Paity gives the other Partyat least ninety (90) calendar days written notice of termination, which terminafion shall beeffective at the end of the then-current term. In the event notice is given less than 90calendar days prior to the end of the current term, this Agreement shall remain in effect for90 calendar days after such netice is received, provided, that In rio case shall the term beextended beyond 90 calendar days after the end of the current term.
2.2 Post Termination Arran ernents. Except in the case of termination as a result of eitherParty's default or a termination upon sale, for senriice arrangements made available undertliis Agreement and existing at the 5me of termination, those arrangements may continuewithout interruption (a) under a new agreement voluntarily executed by the Parfiies; (b)standard terms and conditions approved and made generally effecbve by the Commission,if any; (c) tariff terms and condilioris made generally available to all CLECs; or (d) anyrights under Secfion 252(i) of the Act.
2.3 Termination U n Default. Either Party mayterminate this Agreement in whole or in part inthe event of a default by the other Party; provided however, that the non-defaul5ng Party
. nofifies the defaulting party in wntihg of the alleged default and that the defaulting Partydoes not cure the alleged default within sixty (60) calendar days of receipt of written noticethereof. Default is defined to include:
(a) A Party's insolvency or the infilafion of bankruptcy or receivership proceedings by oragainst the Party; or
(b) A Parly's refusal or failure in any material respect properly to perform its obligationsunder this Agreement, or the violation any of the material terms or condfilons of thisAgreement.
Termination U n Sale. Notwithstanding anything to the contrary contained herein, a Partymay terminate this Agreement as to a specific operating area or porbon thereof if suchParty sells or otherwise transfers the area or portion thereof. The selling or transferringParty shall provide the other Party with at least ninety (90) calendar days'rior writtennotice of such termination, which shall be effective on the date specified in the notice.Notwithstanding terminafion of this Agreement as to a specific opera5ng area, thisAgreement shall remain in full force and effect in the remaining operating areas.
2.5 Liabil' n Termination. Termination of this Agreement, or any part hereof, for anycause shall riot release either Party from any liability which at the fime of termina5on hadalready accrued to the other Party or which thereafter accrues in any respect to any act oromission occurring prior to the termination or from an obliga5on which is expressly stated inthis Agreement to survive termination.
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3. Amendments. Any amendment, modification, or supplement to this Agreement must be in wrifingand signed by an authorized representafive of each Party. The term this Agreement" shall includefuture amendments, modifications, arid Eupplements.
h~t. h y ~ tby dh P dy t ydtht, bt'g tt, ddy,t M t t p dof any interest, without the written consent of the other Party shall be void, except that either Partymay assign all of its rights, and delegate its obligations, liabilTiies and dufies under this Agreement,either in whole or in part, to any entity that is, or that was immediately preceding such assighment, aSubsidiary or Affiliate of that Party without consent, but with written nofifica5on. The effectivenessof an assignment shall be condiTioned upon the assigiree's written assumpbon of the rights,obligations, and duties of the assigning Party.
A~utho' Each person whose signature appears on this Agreement represents and warrants that
he or she has authority to bind the Party on whose behalf he or she has executed this Agreement.Each Party represents he or she has had the opportunity to consult with legal counsei of his or herchoosing and has not relied on GTE counsel, pursuant to this Agreement.
Res onsibil'or Pa ment. GTE may charge USTELCOM and USTELCOM will pay GTE adeposit before GTE is required to perform under this agreement if USTELCOM has not establisheda good payment history with GTE. Such deposit will be calculated based on GTE's estimated two-menth charges to USTELCOM using USTEt.COM's forecast of resale lines and unbundled loopsand ports. Interest will be paid on the depo'sit in accordance with state requirements for end userdeposits.
~Bill dp t.d pt p Md t h t th'tp t dW ppy btconformance with Multiple Exchange Carrier Access Billing (MECAB) guidelines and MultipleExchange Carriers Ordering and Design Guidelines for Access Services-lndusby Support-interface(MECOD) guidelines, USTELCOM and GTE agree to exchange all informafion to accurately,reliably, and properly order and bill for features, funcfions and services rendered under thisAgreement.
7.1 ~Dis ute. If one Party disputes a billing statement issued by the other Party, the bfiled Partyshall notify Provider in wriTing regarding the nature and the basis of the dispute within six (6)months of the statement date or the dispute shall be waived. The Parties shall diligenfiywork toward resolution af all billing issues.
7.2 Late&a ment Char e. If any undisputed amount due on the billing statement is notreceived by Provider on the payment due date, Provider may charge, and Customeragrees to pay, at Provider's option, interest on the past due balance at a rate equal to thelesser of the interest rates set forth in the applicable GTE/Centel state access tariffs or theGTOC/GSTC FCC No. 1 tariff, one and one-half percent (1 yfy'k) per month or themaximum nonusurious rate of interest un'der applicable law. Late payment charges shallbe included on the next statement.
7.3 Due Date. Payment is due thirty (30) calendar days from the bill date.
7.4 Audits. Either Party may conduct an audit of the other Party's books and recerds pertainingto the services provided under this Agreement, no more frequently than once per twelve(12) month period, to evaluate the other Party's accuracy of billing, data and invoicing inaccordance with this Agreement. Any audit shall be performed as follows-. Oi following atleast thirty (30) Business Days'rior written notice to the audited Party; QE subject to thereasonable scheduling requirements and limitations of the audited Party: (g at the audmngParty's sole cost and expense; (iv) of a reasonable scope and dura5on; (v) in a manner soas not to interfere with the audited Party's business operations;- and (w) in compliance withthe audited Party's security rules.
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8. ~BCh E!! d. Th'g ! h!!! ! C!!! d! ! Ih ! !! !!h p d'uccess&rsand permitted assigns of the Parties.
Ca 'lannin and Forecastin . Within thirty (30) days from the effective date of thisAgreement, the ParTtes agree to have metand developed joint planning and forecastingtesponsibiliTies which are applicable to local services. GTE may delay processing USTELCOMservice orders should the Parties not perform obligations as speclfied in this Section 9. SuchresponsibiliTies shall include but are not limited to the following:
9.1 USTELCOM will furnish to GTE informatio'n that provides for state-wide annual forecasts ofoider activity, in-service quantity forecasts, and facility/demand forecasts.
9 2 USTELCOM shall notify GTE promptly of changes greater than ten percent (10%) tocurrent foiecasts (increase or decrease) that generate a shfit ki the demand curve for thefollowing forecasting period.
10. Com lienee with Laws a d R ulations. Each Party shall complywith all federal, state, and localstatutes, regulations, Ivies, ordinances, judicial decisions, and administrative rulings applicable toits performance under this Agreement.
Confidential Information.
11,1 identification. Either Parly may disclose to the other proprietary or confidential customer,technical, or business infoimatio'n in wntten, graphic, eral or other tangible or intangibleforms ("Confidential information"). In order fer information to he considered ConfidentialInformation undei this Agreement, it must be marked "Cenfidential" or "Proprietary," orbear a marking of similar import. Orally or visually disclosed information sbafi be deemedConfidential Information only if contemporaneously identified as such and reduced towriting and delivered to the other Party with a statement or marking of confidentiality within
- thirty (30) cal'endar days afier oral or visual disclosure.
Notviithstanding the foregoing, preorders and all orders for services placed by USTELCOMpursuant to this Agreement, and information that would constitute customer proprietarynetwork informatien of USTELCOM end user customers pursuant to the Act and the rulesand regulations of the FCC, as well as recorded usage information with respect toUSTELCOM end users, whether disclosed by USTELCOM to GTE or otherwise acquiredby GTE in the course of its performance under this Agreement, and where GTE is theNorth American Nurnberirig Plan (NANP) Number Plan Administrator, USTELCOMinformation submitted to GTE in connectioii with such responsibilities shall be deemedConfide'nfial Information of USTELCOM for afi purposes unde/ this Agreement whether ornot specifically marked or designated as confidenfial or proprietary.
11.2 ~Handlin . In order to protect such Corifidential Information from improper disclosure, eachParty agrees:
(a) That all Confidentla! Information shall be and shall remain the exclusive property ofthe soufcb;
(b) To limit access to such Confidential Informabon to authorized employees who havea need to know the Confidential Information for performance of this Agreement;
(c) To keep such Confidential Information confidenfial and to use the same level of careto preve'nt disclosure or unauthorized use of the received Confidential Information asit exercises in protecbng its own Confidential Information of a similar nature;
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(d) Not to copy, publish, or disclose such Confidential Information to others er authorizeanyone els5 to copy, publish, or disclose such Confidenfial Informabon to otherswthout the prior writteh approval of the source;
(e) To return promptly any copies of such Confidential Information to the source at itsrequest; and
(I) To use such Coniidential Informafion only for purposes of ful55ing work or servicesperformed hereunder and for other purposes only upon such terms as may beagreed upon between the Parbes in writing.
11.3 ~Ef . yh bbb I' II R PPhtt yh IR 3' l I ~ Ih tlegally in the recipient's possession piio'r to receipt from the source, was received in goodfaith from a third party not subject to a confiden5al obligation to the source, now is or laterbecomes publicly known through no breach of confidentjat obligafion by the redpient, wasdeveloped by the recipient without the developing persons having access to any of theConfidential Informafion received in confidence from the source, or that is required to bedisctosed pursuant to subpoena or other process issued by a court or administrativeagency having appropriate jurisdicfion, provided, however, that the redpient shall give priornotice to the source and shall reasonably cooperate if the source deems it necessary toseek protective arrangements.
11.4 Survival. The obligafion of cenfidentiality and use with respect to Confidential lnforrna5endisclosed by one Party to the o(her shall survive any termination of this Agreement for eperiod of three (3) yeais from the date of the initial disclosure of the ConfidentialInformation.
12. Consent. Where consent, approval, or mutual agreement is required of a Party, it shall not beconditional, urireasonably viithheld, or delayed.
13. Coo ration on Fraud Minimizafion. USTELCOM assumes responsibility for afi fraud associatedwith ils end u'ser customers and accounts. GTE shall have no responsibility for, ner is it required toinvestigate or make adjustments to USTELCOM's account in cases ef fraud. The Parties agreethat they shall cooperate with one another te resolve cases of fraud. The Parties'raudminimization procedures are to be cost effective and implemented so as not to unduly burden orharm one Party as compared to the other.
14. Reimbursement of Ex nses. In performing under this Agreement GTE may be required to makeexpenditures or otherwise incur costs that are not otherwise reimbursed under this Agreement. Insuch event GTE is enfitled to reimbursement from USTELCOM for afi such costs. For afi suchcosts and expenses GTE shall receive through NRCs the actual costs and expenses incurred,including labor costs and expenses, overhead and fixed charges, and may include a reasonablecontribution to GTE's common costs.
~DI R
15.1 Alternative to"
atien, Except as provided under Section 252 of the Ast with respect tothe approval of this Agreement by the Commission, the Parties deere to resolve disputesarising out of or relafing to this Agreement without libgation. Accordingly, except for actionseeking a temporary restraining order or an injuncbon related to the purposes of thisAgreement, or suit to compel compliance with this dispute resolu5on process, the Parbesagree to use the following alternative dispute resolution procedures as the sole remedywith respect to any controversy or claim arising out of or relating to this Agreement or itsbreach.
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15.2 ~N5 li . Atlh wNt eq tof P +, hP lly ll ppd t k A&g bl,responsible representative to meet and negotiate in good faith to resolve any disputearising out of or relafing to this Agreement. The Parbes intend that these negotiafions beconducted by non-lawyer, business representatives. The location, format, frequency,duration, and conclusion of these discussions shall be left to the discretion of therepresentatives. Upon agreement, the representafives may uffiize other alternative disputeresolution procedures such as mediation to assist in the negofiafions. Discussions andcorrespondence among the representatives for purposes of these negotiations shall betreated as confidential information developed for purposes of setfiement, exempt fromdiscoveiy, and shall not be admissibte in the arbitration described below or in any lawsuitwithout the concurrence of afi Parfies. Documents idenbfied in or provided with suchcommunications, which are not prepared for purposes of the negotiations, are not soexempted and may, if otherwise discoverable, be discovered or otherwise admissible, beadmitted in evidence, in the arbitration or lawsuit.
15 Arbitration. If the negofiations do not resolve the dispute wilhin sbdy (60) Business Days ofthe inifial written request, the dispute shatl be submitted to binding arbitration by a singlearbitrator pursuant to the Commercial Arbitration Rules of the American ArbitrationAssociation except that the Parfies may select an arbitrator outside American ArbitrationAssociation rules upon mutual agreement. A Party may demand such arbitration in
accordance with the procedures set out in those rules. Discovery shall be sontrofied by thearbitrator and shall be permitted to the extent sst out in this section. Each Party maysubmit in wriTing to a Party, and that Party shall so respond to, a maximum of anycombination of thirty-five (35) (none of wtfich may have subparts) of the fallowing:interrogatories, demands to produce documents, or requests for admission. Each Party isalso entitled to take the oral deposifion of one individual of another Party. AddiTionaldiscovery may be permitted upon mutual agreement of the Parfies. The arbitrafion hearingshall be commenced within sixty (60) Business Days of the demand for arbitration. Thearbitration shall be held in a mutually agreeable city. The arbfirator shall control the
. scheduling so as to process the matter expediTfiously. The Parbes may submit writtenbriefs. The arbitrator shall rule on the dispute by issuing a written opinion within thirty (30)Business Days aRer the close of hearings. The times specified in this secfion may beextended upon mutual agreement of the Parties or by the arbitrator upon a showing ofgood cause. Judgment upon the award rendered by the arbitrator may be entered in anycourt having jurisdiction.
15.4 Ex ited Arbitration Procedures. If the issue to be resolved through the negotiationsreferenced in Section 15.2 directly and materially affects service to either Party's end usercustomers, then the period of resofufion of the dispute through negotiations before thedispute is to be submitted to binding arbitration shall be five (5) Business Days. Once sucha service affecting dispute is submitted to arbitration, the arbitration shall be conductedpursuant to the expedited procedures rules of the Commercial Arbitration Rules ef theAmerican Arbitration Association (i.e., rules 53 through 57).
15.5 Coals. Each Party shall bear its own costs of these procedures. A Party seeking discoveryshall reimbuise the rsspdnding Party the costs of producfion of documents (includingsearch time and reprioductlon costs). The Parties shall equally split the fees of thearbitrafion and the arbitrator.
15.6 Conlinuous Senrice. The Parties shall continue providing services to each other during thependency of any dispute resolution procedure, and the Parties shall confinue to performtheir obligations (including making payments in accordance with Article IV, Section 4) in
accordance with this Agreement.
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16. EE~T g t. Th Ag t MtM lh lt g * t fth P tg ppGMI gtplhsubject matter of this Agreement and supersedes all prior agreements, negotiations, proposals,and representations, whether written or oral, and all contemporaneous oral agreements,negotiations, proposals, and representa5ons concerning such subject matter. No representations,understandings, agreements, or warranties, expressed or implied, have been made or relied uponin the making of this Agreement other than those specificagy set forth herein.
17.
18.
~Ex nse . Except as specmcaliy set out in this Agreement, each Party shall be solely responsiblefor 5s own expenses involved in all actMTies related to the subject of this Agreement.
~PM . Mlh Mp d fib'g t, % bl'g lt h d*,h gdirectly or indirectly prevented, restricted, or Interfered with by reason of 5re, flood, earthquake orlikes acts of God, wars, revelugon, civil commotion, explosion, acts of public enemy, embargo, actsof the government in its sovereign capacity, labor difficukies, including without limita5on, strikes,slowdowns, picketing, or boycotts, unavailab55y of equipment from vendor, changes requested byCustoiner, or any other circumstances beyond the reasonable control snd without the fault ornegligence of the Party affected, the Party affected, upon gMng prompt notice to the other Party,shall be excused from such performance on a day-to-day basis to the extent of such prevention,restriction, or interference (and the other Party shall likewise be excused from performance of 5sobligations on a day-to-day basis until the delay, restricbon or interference has ceased); providedhowever, that the Party so affected shall use diligent efforts to avoid or remove such causes ofnonperformance and both Parties shall proceed whenever such causes are removed or cease.
20.
Good Faith Performance. In the performance of their obligafions under this Agreement, the Par5esshall act in good faith. In situations in which notice, consent, approval or similar action by a Party ispermiited or required by any provision of this Agreement, such action shall not be unreasonablydelayed, withheld or condiTioned.
G~iL . Th'P tbh llbbg &bf d M Mi td MthlhTelecommunications Act of 1996, applicable federal and (to the extent not inconsistent therewith)domestic laws of the state where the services are provided or the faciliTies reside and shall besubject to the exclusive junsdiction of the courts therein.
21. Standard Prac5ces. The Par5es acknowledge that GTE shall be adop5ng some industry standardprac5ces and/or establishing its own standard practices to various requirements hereunderapplicable to the CLEC industry which may be added in the Guide. USTELCOM agrees that GTEmay implement such practices to satisfy any GTE obligations under this Agreement.
~Headin . The headings in this Agreement are inserted for convenience and identigcation only andshall not be considered in the interpretation of this Agreement.
23. Inde ndent Contractor Rela5onshi . The persons provided by each Party shall be solely thatParty's employees and shall be under the sole and exclusive direction and control of that Party.They shall not be considered employees of the other Party for any purpose. Each Party shallremain an independent contractor with respect to the other and shall be responsible for compliancewith ag laws, rules and regulations involving, but not limited to, employment of labor, hours of labor,health and safety, woiking conditions and payment ef wages. Each Party shall also be responsiblefor payment of taxes, including federal, state and municipal taxes, chargeable or assessed withrespect to its employees, such as Social Security, unemployment, workers'ompensagon, disabilityinsurance, snd federal and state withholding. Each Party shall indemnify thb bther for any loss,damage, liability, claim, demand, or penalty that may be sustained by reason of its failure to complywith this provision.
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24. Law Enforceme t Interface.
24.1 Except to the extent not available in connection with GTE's operation of its own business,GTE shall provide seven day a week/twenty-four hour a day assistance to law enforcementpersons for emergency traps, assistance invoMng emergency traces and emergencyinformafion retrieval on customer invoked CLASS services.
242 GTE agrees to work jointly with USTELCOM in security matters to support lawenforcement agency requirements for taps, traces, court orders, etc. Charges for
providing such services for USTELCOM customers will be bfiled to USTELCOM.
24.3 GTE will, in non emergency situations, inform the requesting law enforcement agenciesthat the end-user to be wire tapped, traced, etc. is a USTELCOM Customer and shall referthem to USTELCQM.
24.4 Subsequent to the execution and approval of this Agreement by the Commission, theparties shafi establish a separate contract or authortzafion agreement specific to theNuisance Call Bureau (NCB) and Security Control Center (SCC) for CLEC procedureswhich will be in compliance with applicable stats and federal laws.
25.
25.1 Indemnification. Subject to the limitations set forth in Section 25.4 of this Article fil, eachParty agrees to release, indemnify, d'efend, and hold harmless the other Party from all
losses, claims, demands, damages, expenses, suits, or other actions, or any liabiTity
whatsoever, including, but not limited to, costs and attorney's fees, whether suffered,made, instituted, or asserted by any other party or person, for invasion of privacy, personalinjury to or death of any person or persons, or for losses, damages, or destruction ofproperty, whether or not owned by others, proximately caused by the indemnifying Parly's
. negligence or willful misconduct, regardless of form of action. The indemnified Partyagrees to notify the other Party promptly, in wriling, of any written claims, lawsuits, ordemands for which it is claimed that the indemnifying Party is responsible under thisSection and to cooperate In every reasonable way to facilitate defense or settlement ofclaims. The indemnifying Party shall have complete control over defense of the case andover the terms of any proposed settlement or compromise thereof. The indemnifying Partyshall not be liable under this Section for settlement by the indemnified Party or any claim,lawsuit, or demand, if the indemnifying Party has not approved the settlement in advance,unless the indemnifying Party has had the defense of the claim, lawsuit, or demandtendered to it in wrifiing and has failed to assume such defense. In the event of such failureto assume defense, the indemnifying Party shall be liable for any reasonable settlementmade by the indemnified Party without approval of the indemnifying Party.
25.2 End User and Content-Related Claims. The IndemniTying Party agrees to release,indemnify, defend, and hold harmless the other Party, its affiliates, and any third-partyprovider or operator of faciliTies involved in the provision of services (cofiectively, the"Indemnified Part/) from afi losses, claims, demands, damages, expenses, sufis, or otheractions, or any liability whatsoever, including, but not limited to, costs and attorney's fees,suffered, made, instituted, or asserted by the Indemnifying Party's end users against anIndemnified Party arising from services. The Indemnifying Party further agrees to release,indemnify, defend, and hold harmless the Indemnified Party from all losses, claims,demands, damages, expenses, suits, or other actions, or any liability whatsoever, including,but not limited to, cosh and attorney's fees, suffered, made, instituted, or asserted by anythird party against an Indemnified Party arising from or in any way related to actual orafieged defamafion, libel, slander, interference with or misappropriation of proprietary orcreative right, or any other injury to any person or property arising out of content
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transmitted by the Indemnifying Party and the Indemnified Party or such Party's end usersor any other act or omission of the Indemnified Party or such Part//s end users.
25.3 DISCLAIMER. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THISAGREEMENT, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES TOCUSTOMER CONCERNING THE SPECIFIC QUAUTY OF ANY SERVICES PROVIDEDUNDER THIS AGREEMENT. PROVIDER DISCLAIMS, WITHOUT LIMITATION, ANYWARRANTY OR GUARANTEE OF MERCHAhiTABILITY OR FITNESS FOR APARTICULAR PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE OFDEALING, OR FROM USAGES OF TRADE.
255 ~Uhb* ihi hT . 5 hP dy'l hTdyW Ih I I N I 5 Ih, ', h llhhlimited to direct damages, which shall not exceed the monthly charges, plus any relatedcosts/expenses GTE may recover, including those under Secfion 14 above, for the servicesfor the month during which the claim of fiabfifiy arose. Under no circumstance shalt eitherParty be responsible or liable for indirect, incidental, or consequenfial damages, including,but not limited to, economic loss or lost business or profits, damages arising from the useor performance of equipment or solbvare, or the loss of use of software or equipment, orany accessories attached thereto, delay, error, or loss of data. Should either Party provideadvice, make recommendations, or supply other analysis related to the services describedin this Agreement, this limitation of liability shall apply to provision of such advice,recommendations, and analysis.
25.5 ~It@I 5 IP . hl '5 P tly*h llh y hl'5 5 t d I d,i d hy h Id
harmless, or acquire any license or right for the benefit of, or owe any other obligation orhave any liabiTty to, the other based on or arising from any claim, demand, er proceedingby any third party alleging or asserfing that the use of any circuit, apparatus, or system, orthe use of any software, or the performance of any senirce or method, or the provision oruse of any facilities by either Party under this Agreement constitutes direct or contributoryinfringement, or misuse or misappropriation of any patent, copyright, trademark. tradesecret, or any other proprietary or intellectual property right of any third party.
26. Multi le Counte arts. This Agreement may be executed in mul5ple counterparts, each of whichshall be deemed an original, but all of which shall together constitute but one and the samedocument.
27. No Third Pa Beneficiaries. Except as may be speciiically set forth in this Agreement, thisAgreement does not provide and shall not be construed to provide third parties with any remedy,claim, liabiifiy, reimbursement, cause of action, or other right or privilege.
28. Notices. Any notice to a Party required or permitted under this Agreement shall be in wriTing andshall be deemed to have been received on the date of service if served personally, on the datereceipt is acknowledged in writing by the recipient if delivered by regular U.S. mail, or on the datestated on the receipt if delivered by certified or registered mail or by a courier service that obtains awritten receipt. Upon prior immediate orat agreement of the parties'esignated recipients iden5fiedbelow, notice may also be provided by facsimfie, Internet or electronic messaging system, whichshall be effective if sent before 5:00 p.m. on that day, or if sent after 5:00 p.m. it will be effecbve onthe next Business Day following the date sent. Any notice shall be delivered using ene of thealternatives mentioned in this section and shall be directed to the applicable address or Internet IDindicated below or such address as the Party to be notified has designated by giving notice incompliance with this secfion:
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If to GTE: GTE South IncorporatedAttention: Assistant Vice President/Associate General CounselBusiness Development 8 Integration600 Hidden Ridge - HQEWMNOTICESIrving, TX 75038Telephone number: 972/718-6361Facsimile number: 972/718-3403Internet Address: [email protected]
GTE South IncorporatedAttn: Director-Wholesale Contract ComplianceNetwork Senrices600 Hidden Ridge - HQEWMNOTICESIrving, TX 75038Telephone Number. 972/718-5988Facsimile Number. 972/719-1 519Internet Address: [email protected]
If to USTELCOM: United States Telecommunications, Inc.Attention: Mr. Joseph Cifio, Vice President13902 N. Dalemabry, Suite 213Tampa, FL 33618Telephone Number. St 3/9630004Facsimile Number: 813/961-1460
29. Protection.
29.1 Im airment of Senrice. The characteristics and methods of operation of any circuits,facilities or equipment of either Party connected with the services, faciTities or equipment ofthe other Party pursuant to this Agreement shall not interfere with or impair service overany faciliTies of the other Party, its affiliated companies, or its connecbng and concurringcarriers involved in its services, cause damage to its plant, violate any applicable law orregulation regarding the invasion of privacy of any communications carried over the Party'facilities or create hazards to the employees of either Party or to the public (eachhereinafter referred to as an "Impairment of Service").
29.2 Resolution. If either Party causes an Impairment in Service, the Party whose network orservice is being impaired (the "Impaired Pa~ shall promptly notify the Party causing theImpairment of Senrice (the "Impairing Pa~ of the nature and location of the problem andthat, unless promptly rectified, a temporary discontinuance of the use of any circuit, facilityor equipment may be required. The Impairing Party and the Impaired Parly agree to worktogether to attempt to promptly resolve the Impairment of Service. If the Impairing Party isunable to promptly remedy the Impairment of Service, then the Impaired Party may at itsoption temporarily discontinue the use of the affected circuit, facility or equipment.
30, ~Publi'
Any news release, public announcement, advertising, or any form of publicity pertainingto this Agreement, provision of services pursuant to it, or association of the Parties with respect toprovision of the services described in this Agreement shall be subject to prior written approval ofboth GTE and USTELCOM.
31. Re ulato en Control. This Agreement shall at afi times be subject to changes,modifications, orders, and rulings by the Federal Communications Commission and/or the
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applicable state 05lity regulatory commission to the extent the substance of this Agreement is orbecomes subject to the jurisdiction of such agency.
32. Chan es in L al R uirements. GTE and USTELCOM further agree that the terms andconditions of this Agreement were composed in order to effectuate the legal requirements in effectat the time the Agreement was produced. Any modi5ca5ons to those requirements will be deemedto automatically supersede any terms and conditions of this Agreement.
33. Effective Date. This Agreement will be effective only upon execution by both Par5es and approvalby the Commission in accordance with Section 252 of the Act. The effec5ve date'f thisAgreement for such purposes will be as established by the Commission approval order. TheParties agree orders for services will not be submitted or accepted within the 5rst ten (I 0) businessdays after the agreement is effective.
34 E~tt M It . 6 hP Ilykh ltt P'bl f bt I I g dk Pt gt ff C IIPCC,
state regulatory commission, franchise authorky and other regulatory approvais that may berequired in connec5on with the performance of its obligations under this Agreement.
35. Rule of Construc5on. No rule of construction requiring interpretation against the drafbng Partyhereof shall apply in the interpretation of this AgreemenL
36. Section References. Except as otherwise specNed, references within an Article of this Agreementto a Section refer to Secbons within that same Article.
37. Service Standards.
37.1 The Par5es wil! provide a level of service to each other with respect to Resale under thisAgreement in compliance with the non-discnlmina5on requirements of the Act. GTE willuse appropriate statistical tests or performance criterion to include detailed investigation,where required, to veril'y such non-.discriminatory level of service.
37.2 Each Party may provide input to the various telecommunications industry forums definingnational standards for methods of quality measurement. Subsequent to adoption ofstandard industry measurements the Parties shall work towards implementing thosemutually agreed upon GTE supported measurements necessary for their quality assurancerelationship of services supplied by GTE. Prior to adoption of industry guidelines GTE willmake available, upon request through GTE's account management, monthly CLECstandard reports with comparisons in performance compiled on a rolling three-monthbasis.
37.3 The parties will alert each other to any network events that can result or have resulted inservice interruption, blocked calls, and/or changes in network performance.
36. ~hbif .If yp 'tht pg t'ldby 6 gltE g M I pt tjurisdiction to be unenforceable, the rest of the Agreement shall remain in full force and effect andshall not be affected unless removal of that provision results, in the opinion of either Party, in amaterial change to this Agreement. If a material change as described in this paragraph occurs asa result of action by a court or regulatory agency, the Parties shall nego5ate in good faith forreplacement language. If replacement language cannot be agreed upon within a reasonableperiod, either Party may terminate this Agreement without penalty or liability for such terminationupon written notice to the other Party.
39. Subcontractors. Provider may enter into subcontracts with third parties or affiliates for theperformance of any of Provider's duties or obligations under this Agreement.
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40. Subse~un gw. The terms and condiTions of this Agreement shall be subject to any and allapplicable laws, rules, or regulations that subsequently may be prescribed by any federal, state orlocal governmental authority. To the extent required by any such subsequently prescribed Iaw,rule, or regulation, the Parties agree to modify, in writing, the affected term(s) and condition(s) ofthis Agreement to bring them into compliance with such law, rule, or regulation.
41. Taxes. Any state or local excise, sales, or use taxes (excluding any taxes levied on income)resulting from the performance of this Agreement shall be home by the Party upon which theobligation for payment is imposed under applicable law, even if the obligation to collect and remitsuch taxes is placed upon the other Party. The collecbng Party shall charge and collect from theobligated Party, and the obligated Party agrees to pay to the collec5ng Party, al! applicable taxes,except to the extent that the obligated Party notifies the collecting Party and provides to thecollecting Party appropriate documentation as GTE requires that qualifies the obligated Party for afull or parbal exemption. Any such taxes shall be shown as separate items on applicable billingdocuments between the Parties. The obligated Party may contest the same in good faith, at ils ownexpense, and shall be entiUed to the benefit of any refund or recovery, provided that such Partyshall not permit any lien to exist on any asset of the other Party by reason of the contest. Thecollecbng Party shall cooperate in any such contest by the other Party. The other Party will
indemnify the collecting Party from any sales or use taxes that may be subsequently levied onpayments by the other Party by the collecting Party.
41.1 Tax - A charge which is statutorily imposed by the state or local jurisdiction and is either(a) imposed on the seller with the seller having the right or responsibility to pass thecharge(s) on to the purchaser and the seller is responsible for remitting the charge(s) tothe state or local jurisdiction or (b) imposed on the purchaser with the seller having anobligation to collect the charge(s) from the purchaser and remit the charge(s) to the stateor local jurisdiction.
Taxes shall include but not be limited to: federal excise tax, state/local sales and use tax,stateAocal utility user tax, state/local telecommunication excise tax, state/local grossreceipts tax, and local school taxes. Taxes shall not include income, income-like, grossreceipts on the revenue of a provider, or property taxes. Taxes shall not include payrollwithholding taxes unless specifically required by statute or ordinance.
41.2 Fees/R ulato Surchar es - A charge imposed by a regulatory authority, other agency,or resulting from a contractual obligation, in which the seller is responsible or required tocollect the fee/surcharge from the purchaser and the seller is responsible for remitting thecharge to the regulatory authority, other agency, or contracting party.
42. Trademarks and Trade Names. Except as specifically set out in this Agreement, nothing in thisAgreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks,service marks, or trade names of the other for any purpose whatsoever.
43. Waiver. The failure of either Party to insist upon the performance of any provision of thisAgreement, or to exercise any right or privilege granted to it under this Agreement, shall not beconstrued as a waiver of such provision or any provisions of this Agreement, and the same shallcontinue in full force and effect.
44. TBD Prices. Numerous provisions in this Agreement and its Attachments refer to pricing principles.If a provision references prices in an Attachment and there are no corresponding prices in suchAttachment, such price shall be considered "To Be Determined" (TBD). With respect to all TBDprices, prior to USTELCOM ordering any such TBD item, the Parties shall meet and confer toestablish a price. If the Parbes are unable to reach agreement on a price for such item, an interimprice shall be set for such item that is equal to the price for the nearest analogous item for which aprice has been established (for example, if there is not an established price for a non recumng
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charge (NRC) for a specific service, ths Parties would use the NRC for the most analogous retaitservice for which there is an established price). Any interim prices so set shall be subject tomodlfication by any subsequent decision of the Commission. If an interim price Is different from therate subsequently established by the Commission, any underpayment shall be paid by USTELCOMto GTE, and any overpayment shall be refunded by GTE to VSTELCOM, within 45 Business Daysafier the establishment of the pnce by the Commission.
45. Arnendmen of Certain Rates Terms and Condfiisns. The Parties agree as follows with respect tomodification of the rates, terms and conditions inifiafiy provided for herein:
The rates, terms and conditions that are specified in Appendix 45A (the GTE Terms ) may bereplaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale andUnbundling Agreement (ths AT8 7 Agreement), respecbvely, that are specffied in Appendix 45B(the "AT&T Terms") if and when the AT& T Agreement becomes effecfive after approval by orderof the Commission in Case No. 2180-MA-1 00. The rates, terms and conditions that are specified in
Appendix 45B (ths 'AT& T Terms') shall not take effect for purposes of this Agreement unS thirty(30) days following GTE's receipt of vnttten notice of USTELCOIVfs elecfion to replace the specified'GTE Terms with the specified "AT&T Terms", which notice may be given no earfier than the datethe AT8 T Agreement is approved by the Commission and effective. GTE and USTELCOM agreethat if the "AT&T Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified,in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall bedeemed to have been amended accordingly, by modification of the 'AT&T Terms or, asappropriate, the substitution of "GTE Terms "for all stayed or enjoined 'AT&T Terms', and suchamendment shall be effective retroacfive to tfl'e Effective Date of the 'AT&T Terms."
GTE and USTELCOM further agree that ths terms and condilions of this Agreement reflect certainrequirements of the FCC's First Report and Order in CC Docket No. 96-98. The terms andconditions of this Agreement shall be subject to any and all actions by any court or othergovernmental authorily that invafidate, stay, vacate or otheiwise modify the FCC's First Report andOrder, in whole or in part {'action ). To the extent warranted by any such action, the parties agreethat this Agreement shall be deemed to have been modified accordingly as in the first paragraph ofthis Section 45. The parfies agree to immediately apply any affected terms and conditions,including any in other sections and articles of this Agreement consistent with such action, and withina reasonable time incorporate such modified terms and condilions in writing into the Agreement. If
the AT&T Terms are affected by such action and GTE determines they cannot be consistentlyapplied therewith, the GTE Terms shall apply. USTELCOM acknowledges that GTE may seek toenforce such action before a commission or court of competent jurisdiction. GTE does not waiveany position regarding the illegality or inappropriateness of the FCC's First Report and Order.
The rates, terms and conditions (including rates which may be applicable under true-up) specifiedin both the "GTE Terms" and the "AT&T Terms" are further subject to amendment, retroactive tothe Effecfive Date of the Agreement, to provide for charges or rate adjustments resulting fromfuture Commission or other proceedings, including but not limited to any generic proceeding todetermine GTE's unrecovered costs (e.g., historic costs, contiibufion, undepreciated reservedeficiency, or similar unrecovered GTE costs (including GTE's end user surcharge)), theestablishment ef a competitively neutral uffiversal service system, or any appeal or other liTigation.
If the Commission (or any other commission or federal or state court) in reviewing this Agreementpursuant to applicable state or federal laws, including Section 252(e) of the TelecommunicationsAct of 1996, deletes or modifies in any way this Section 45, USTELCOM agrees that this enfirsAgreement Is void and will not become effective, and USTELCOM agrees to withdraw thisAgreement from consideration by the Commission (or any other commission or federal orstatscourt).
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ARTICLE NGENERAL RULES GOVERNING RESOLD SERVICES
General. General regulations, terms and condiTions governing rate applicafions, technicalparameters, seniice availability, definmons and feature interactions, as described in the appropriateGTE intrastate local, toll and access tariffs, apply to retail seniices made available by GTE toUSTELCOM for resale provided by GTE to USTELCOM, when appropriate, unless otherwisespeciTied in this Agreement. As applied to services under this Agreement, the term "Customer"contained in the GTE Retail Tariff shall be deemed to mean "USTELCOM" as defined in thisAgreement.
2. ~l'T fGTE.
2.1 lna licabil'f Tariff LiabTi . GTE's general liability, as described in the GTE RetailTariff, does not extend to USTELCOlvfs customers or any other third party. Liability of GTEto USTELCOM resumng from any and all causes arising out of services, or any other itemsrelafing to this Agreement shalt be governed by the liability provisions contained in thisAgreement and no other liability whatsoever shall attach to GTE. GTE shall be liable forthe individual services, facilities or elements that it separately provides to USTELCOM andshall not be liable for the integration of components combined by USTELCOM.
2.2 USTELCOM Tariffs or Contracts. USTELCOM shall, in its tariffs or other contracts ferservices provided to its end users using services obtained from GTE, provide that in nocase shall GTE be liable to USTELCOM's end users or any third paifies for any indirect,special or consequential damages, including, but not limited to, economic loss or lostbusiness or proes, whether foreseeable or not, and regardless of nofilication byUSTELCOM of the possibility of such damages snd USTELCOM shall indemnify and holdGTE harmless from any and all claims, demands, causes of action and liabilities based on
. any reason whatsoever from its customers as provided in this Agreement. Nothing in thisAgreement shall be deemed to create a third-party beneficiary relationship withUSTELCOM's end users.
2.3 ~NU Ill' E . GTE'tl pl f '1 k tk t pp l GTE'hf p,pll 2other information databases, or for incorrect referrals of end users to USTELCOM for anyongoing USTELCOM servrce, sates or repair inquiries, and with respectto such mistakes orincorrect referrals, USTELCOM shall indemnify and hold GTE harmless from any and allclaims, demands, causes of action and liabfiTiies whatsoever, including costs, expensesand reasonable attorney's fees incurred on account thereof, by third parlies, includingUSTELCOM's end users or employees. For purposes ofthis Sedion 2.3, mistakes andincorrect referrals shall not include matters arising out of'the willful misconduct of GTE orits employees or agents.
Unauthorized Chan es.
3.1 Procedures. If USTELCOM submits an order for resold senriices under this Agreement inorder to provide service to an end user that at the time the order is submitted is obtaining itslocal services from GTE or another LEC using GTE resold services, and the end usernotifies GTE that the end user did not authorize USTELCOM to provide local exchangeservices to the end user, USTELCOM must provide GTE with written documentation ofauthorization from that end user within thirly (30) Business Days of notification by GTE. IfUSTELCOM cannot provide written documentation of authorization within such time frame,USTELCOM must wfihin three (3) Business Days thereafter:
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(a) nofify GTE to change the end user back to the LEC providing service to the end userbefore the change to USTELCOM was made; and
{b) provide any end user information and biiling records USTELCOM has obtainedrelating to the end user to the LEC previousty serving the end user; and
(c) notify the end user and GTE that the change back to the previous LEC has beenmade.
Furthermore, GTE will bill USTELCOM fifty dollars ($50.00) per affected line tocompensate GTE for sviitching the end user back to the orfginal LEC.
im ct of P ent of Char es on Service. USTELCOM is solely responsible for the payment of allcharges for all services, facilities and elements furnished under this Agreement, including, but notlimited to, calls originated or accepted at its or its end-users'eniice locations. If USTELCOM failsto pay when due any and all charges billed to USTELCOM under this Agreement, including anylate payment charges (collectively, "unpaid charges"), and any or all such charges remain unpaidmore than forty-five (45) calendar days after the bill date of such unpaid charges excepfingpreviously disputed charges for which USTELCOM may withhold payment, GTE shall notifyUSTELCOM in vniting that it must pay all unpaid charges to GTE within seven (7) Business Days. If
USTELCOM disputes the billed charges, it shall, within said seven (7) day period, inform GTE inwriting ofwhich portion of the unpaid charges it disputes, including the specific detafis and reasonsfor the dispute, unless such reasons have been previously provided, and shall immediately pay toGTE all undisputed charges. If USTELCDM and GTE are unable, within thirty (30) Business Daysthereafier, to resolve issues related to the disp'uted charges, then either USTELCOM or GTE mayfile a request for arbitration under Arlicle III of this Agreement to resolve those Issues. Uponresolution of any dispute hereunder, if USTELCOM owes payment it shall make such payment toGTE with any late payment ch'arge under Arficle ill, Section 72, fiom the original payment duedate. If USTELCOM owes no payment, but has previously paid GTE such disputed payment, thenGTE shall credit such payment including any late payment charges. If USTELCOM fails to pay anyundisputed unpaid charges, USTELCOM shall, at ils sole expense, within five (5) Business Daysnotify its end-users that their service may be disconnected for USTELCOM's failure to pay unp'aidcharges, and that its end-users must select a new provider of local exchange services. GTE maydiscontinue service to USTELCOM upon failure to pay undisputed charges as provided in thisSection 4, and shall have no liability to USTELCOM or USTELCOM's end-useis in the event ofsuch disconnection. If USTELCOM fails to provide such notification or any of USTELCOM's end-users fail to select a new provider of services within the applicable time period, GTE may providelocal exchange services to USTELCOM's end-users under GTE's applicable end-user tariff at thethen current charges for the services being provided. In thfs circumstance, othenvise applicableservice establishment charges will not apply to USTELCOM's end-user, but vnil be assessed toUSTELCOM.
Unlawful Use of Service. Services provided by GTE pursuant to this Agreement shall not be usedby USTELCOM or its end users for any purpose in violation of law. USTELCOM, and not GTE,shall be responsible to ensure that USTELCOM and its end users use of senrices providedhereunder comply at all times with all applicable laws. GTE may refuse to furnish service toUSTELCOM or disconnect particular services provided under thia Agreement to USTELCOM or, asappropriate, USTELCOM's end user when (i) an order is issued by a court of competent juiisdicfionfinding that probable cause exists to believe that the use made or to be made of the senrice isprohibited by law or (s) GTE is notified in writing by a law enforcement agency acting within fisjurisdicfion that any facility furnished by GTE is being used or will be used for the purpose oftransmitting or receMng gambling information in interstate or foreign commerce in violation of law.Terminabon of service shall take place after reasonable no5ce is provided to USTELCOM, or asordered by the court. If facilities have been physically disconnected by law enforcement oflicials atthe premises where located, and if there is not presented to GTE the written finding of a court, then
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upon request of USTELCOM and agreement to pay rsstoral of servkxt charges and otherapplicable service charges, GTE shall promptly restore such senrice.
l~ifM .Wfh pehGTE Id & t I I ').h g bl ~
begins when a connection is established between the calling station and the called station.Chargeable time ends when the calling station "hangs up," thereby releasing the networkconnection. If the called station "hangs up" but the calling stafion does not, chargeabie time endswhen the network connection is released by automatic timing equipment in the network.
ProceduresFor Preordsrin Orderin Provisionin Etc. Ceriain procedures for preordering,ordering, provisioning, maintenance and billing and electronic interfaces for many of thesefuncfions ars described in Appendix B. In accordance with Appendix B, GTE will not process resaleor unbundled network element orders until the USTELCOM Profile has been completed andreturned; and, if required, an advanced deposit paid. All costs and expenses for any new ormodified electronic interfaces USTELCOM requires that GTE determines are Currently Availableand GTE agrees to develop will be paid by USTELCOM pursuant to Appendix B. The schedule forimplementation of any new or modified electronic interfaces will be developed by GTE according toindustry standards and will be based upon the amount of work needed to design, test andimplement the new or modified interface.
8. Letter of Authorization
8.t GTE will not release the Customer Service Record (CSR) containing Customer PriorityNetwork Information (CPN!) to USTELCOM on GTE end user customer accounts unlessUSTELCOM first provides to GTE a wittten Letter of Authorization (LOA), signed by the enduser customer, authorizing the release of such inforination to USTELCOM or ifstate orfederal law provides otherwise, in accordance with such law.
8.2 An LOA will be required before GTE wilt process an order for services provided in cases in-. which the subscriber currently receives Exchange Service from GTE or from a local servtce
provider other than USTELCOM. Such LOA may be a blanket LOA or such other form asagreed upon between GTE and USTELCOM.
Customer Contacts. Except as otherwise provided in this Agreement or as agreed to in a separatewriting by USTELCOM, USTELCOM shall provide the exclusive interface with USTELCOM's enduser customers in connection with the markefing or offering of USTELCOM services. Except asotherwise provided in this Agreement, in those instances in which GTE persennel are requiredpursuant to this Agreement to interface directly with USTELCOM's end-users, such personnel shallnot identify themselves as representing GTF Afi forms, business cards er other business materialsfurnished by GTE to USTELCOM end users shall be genenc in nature. In no event shall GTEpersonnel acting on behalf of USTELCOM pursuant to this Agreement provide information toUSTELCOM end users about GTE products or ssnrices unless otherwise authorized byUSTELCOM.
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ARTICLE VRESALE OF SERVICES
General. The purpose of this Ai5cfe V is to define the Exchange Services and related VerbcalFeatures and other services (cogecgvely referred to for purposes of this Article V as the "services )that may be purchased ffom GTE and resold by USTELCOM and the terms and condiTionsapplicable to such resold services. Except as sped5cagy provided otherwise in this Agreement,provisioning of Exchange Seivices for resale will be governed by the GTE Guide. GTE will makeavailable to USTELCOM for resale any Telecommunicagons Senriice that GTE currently offers, ormay offer hereafter, on a retail basis to subscribers that are not telecommunications camera,except as quailgad by Sec5on 2.1 below.
Terms and Conditions.
2.1 . The following restricgons shall apply to the resale of retail servicesby USTELCOM.
2.1,1 USTELCOM shag not resell to one class of customers a service that is offered byGTE only to another class of customers in accordance with state requirements(e.g., R-1 to B-1, disabled senrices or lifeline senriices to non-qualifying customers).
2.1.2 USTELCOM shall not resell lifeline services and services for the disabled
2.1.3 USTELCOM shall not resell p'romotional offerings of 90 days or less in duration.These promo5onal offerings are not available to USTELCOM for resale. GTE will
apply any applicable resale discount to the ordinary rate for a retail service ratherthan the special promotional rate.
2.2 . Interim Universal Service Su rt Char e for Resale Services USTELCOM wishes toresell GTE's Basic Exchange Residential and Business services. It is GTE's position thatGTE's current intraLATA toll rates include implicit subsidies that support below-cost pdcesfor other services and thus promote universal senrice. This universal service support is lostwhere a CLEC resells GTE's local senrice but does not resell GTE's intraLATA toll service.For this reason, GTE will not resell Basic Exchange Residential or Business servicesunless USTELCOM pays the monthly interim universal service support charge set foith in
Appendix A. GTE believes that this interim surcharge is required by state and federal law.
The lawfulness of GTE's interim surcharge is being addressed (or will be addressed) bythe Commission or a court ofcompetent jurisdic5on. The parties agree that GTE will offerfor resale Basic Local Exchange Residen5sl and Business senrices at the avoided costdiscount rate set forth in Appendix A without the interim surcharge, but subject to thefo! lowing terms and condklons:
2.2.1 USTELCOM agrees that within thirty (30) days ager the effective date of aCommission or court order aflirming GTE's interim surcharge, USTELCOM will (i)begin paying the monthly interim surcharge in accord with Appendix A, and (5)make a lump sum payment to GTE of the total interim surcharges retroactive tothe effective date of Ibis agreement.
22.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discrefionsnd at any time, seek injunctive or other relief Qi requiring the CLEC to pay GTE'sinterim surcharge or (ii) requiring the Commission to immediately impose theinterim surcharge.
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2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive reliefor any other remedy at any fime and in any court regarding GTE's interimsurcharge or the Commission's rejection or modification of GTE's interimsurcharge.
2,3 Restrictions on Discount of Retail Services. The discount specified in Secfion 5.3 hereinshall apply to afi retail services except fer the following:
2.3.1 USTELCOM may resell services that are provided at a volume discount inaccordance with terms and condTiions of applicable tariff. USTELCOM shall notaggregate end user lines and/or traflic in order to qualify for volume discount.
2.32 USTELCOM may resell ICB/Contract services without a discount and only to enduser customers that already have such servkxis.
2.3.3 USTELCOM may resell COCOT coin er soinless line, however, no discountapplies.
2.3.4 USTELCOM may resell special access; however, no discount applies.
2.3.5 USTELCOM may resell operator services and directory assistance as specified inSection 5.B herein; however, rio discount applies.
2,4 Resale to Other Carriers. Senrices available for resale may not be used by USTELCOM teprovide access to the local network aa an alternative to tariffed switched and specialaccess by other carriers, including, but not limited to: interexchange caniers, viirelesscarriers, competitive access provide/a, or other retell telecommunications providers.
~oe'
Bill
3.1 Local Service Re uest. Orders for resale of services will be placed utfiizing standard LocalService Request (LSR) forms. GTE will continue to par5cipate in industry forums fordeveloping service order/disconnect order formats and will incorporate appropriate industrystandards. Complete and accurate LSR forms (containing the requisite end userinformation as described in the Guide) must be provided by USTELCOM before a requestcan be processed.
3.1.1 GTE will accept orders for As-Is Transfer (AIT) of services from GTE toUSTELCOM where GTE is the end user's current local exchange company. GTEcannot provide an AIT of service from another CLEC selling GTE's services toUSTELCOM.
3.2 Certificate of 0 ratin Autho ' When ordering, USTELCOM must represent andwarrant to GTE that it is a certified provider of local dial-tone service. USTELCOM willprovide a copy of its Cerhficate of Operating Aulhority or other evidence of its status to GTEupon request.
3.3 Directe Assistance DA Ustin s. GTE shall include a USTELCOM customer listing in itsDA database as part of the LSR process. GTE will honor USTELCOM Customer'preferences for listing status, including non-published and unlisted, and will enter the listingin the GTE database which is used to perform DA functions as it appears on the LSR.
3.4 Nonrecurrin Char es. USTELCOM shall be responsible for the payment of afinonrecumng charges (NRCs) applicable to resold services (e.g., instafia5on, changes,ordering charges) as listed in Appendix A. In addifion, NRCs for Field Service work
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installation/Repair requiring on site visits will be charged from the appropriate tariff. Nodiscount applies to nonrecurring charges.
3.5 Transfers Between USTEI.COM and Another Reseller of GTE Services. WhenUSTELCOM has obtained an end user customer from another reseller of GTE services,USTELCOM will inform GTE of the transfer by submNing standard LSR forms to GTE.
3.5.1 GTE cannot accept an order for AIT of service from one CLEC reselling GTEservices to another reseller of GTE services.
3.6
3.7
,LLIG III G 11. g Ptf Ih dt Ih wh «dd hlocal service is available to end users, monthly billing to USTELCOM does not include localcalling detail. However, USTELCOM may request and GTE shall consider developing thecapabilities te provide local calling detail in those areas where measured local service isnot available for a mutually agreeable charge.
! .Ah 'th I! d f P d 'g, d 'g,gdthhig dbilling for resold services are outlined in Appendix B attached hereto and made a parthereof.
3.8 LIDB. For resale services, the LSR will generate updates to GTE's LIDB for validation ofcalling card, collect, and third number billed calls.
3.9 On inatin Line Number Screenin OLNS . Upon request, GTE will update the databaseto provkle OL)ti8 which indicates to ari'operator the acceptable billing methods for callsoriginating from the calling number (e.g., penal institutions, COCOTS).
Maintenance.
4.1 - Maintenance Testin andRe air. GTE will providerepairandmaintenanceseMcestoOBTELCOM and its end user customers for resold services in accordance with the samestandards and charges used for such services provided to GTE end user customers. GTEwill not initiate a maintenance caIl or take acfion in response to a trouble report from aUSTELCOM end user until such time as trouble is reported to GTE by USTELCOM.USTELCOM must provide to GTE all end user information necessary for the installation,repair and servicing of any faciliTies used for resold services according to the proceduresdescribed in the Guide.
4.2 S ecifics and Procedures for Maintenance. An overview of the procedures formaintenance of resold services and additional matters agreed to by the Parties concerning
I t tf dh I A~d'.Services Available for Resale
5.1 Descri tion of Local Exchan e Services Available for Resale. Resold basic ExchangeService includes, but B not limited to, the following elements:
(a) Voice Grade Local Exchange Access Line - includes a telephone number and dialtone.
(b) Local Calling- at local usage measured rates if applicable to the end user customer.
(c) Access to long distance carriers
(d) E-911 Emergency Dialing
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(e) Access to Service Access Codes - e.g., 800, 888, 900
(I) Use of Alii Services (those Currently Available to end users)
(g) End-User Private Une Services
(h) Usting of telephone number in appropriate "white pages" directory; and
(i) Copy of INhite Pages" and Yellow Pages" directories for the appropriate GTEservice area
5 IntraLATA toll
5.2 Other Services Available for Resale. GTE will provide resold services at retail less theavoided cost discount as defined in Arficie V, Secfion 5.3. Subject to the limitationsenumerated in Article V of this Agreement, the type of resold services made available toUSTELCOM are those telecommunication services described in GTE's retail tariffs, asamended from time to time. Any new retail services that GTE offers in such tariffs tocustomers who are not telecommunications carriers may also be available to USTELCOMfor resale under the same terms and condilions contained in this Agreement.
5.2.1 Promotional Senrices. GTE shall make available for resale, those promotionalofferings that are greater than 90 days in duration and the special promotional ratewill be subject to the applicable resale discount.
5.3 Rates. The prices charged to USTELCOM for local services shall be calculated as follows:
5.3.1 Avoided Cost Discount as shown on Appendix A shall appty to all retail seniicesexcept those services listed in Section 2.1 and Section 2.3 herein.
5,3.2 The discount dollar amount calculated under Section 5.3.1 above will be deductedfrom the retail rate.
5.3.3 The resulting rate is the resale rate.
5.4 Grandfathered Services. Services identified in GTE Tariffs as grandfathered in anymanner are available for resale only to end user customers that already have suchgrandfathered senrice. An existing end user customer may not move a grandfatheredservice to a new service locafion. Grandfathered services are subject to a resale discount.
5.5 Access. GTE retains all revenue due from other carriers for access to GTE facilifies,including both switched and special access charges.
5.6 0 rater Services OS and Directo Assistance DA . OS for locat and toll assistance(for example, call completion, busy line verification and emergency interruption) and DA(e.g., 411 calls) are provided as a part of Exchange Services offered for resale. GTE maybrand this service as GTE. USTELCOM wilt be billed in accordance with GTE's retafi tariff.
5.6.1 If USTELCOM requests branding or unbranding, GTE wfil provide such unbrandingor rebranding with USTELCOM's name.
5.62 USTELCOM will be billed a charge for unbranding or rebranding and customizedrouting.
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5.6.3 For those oifices that USTELCOM has requested GTE to rebrand and/or unbrandOS and DA, GTE will provide it where GTE pe/forms ils own OS and DA servicesubject to capability and capacity fimitafions where customized routing is CurrentlyAvailable. If GTE uses a third-party contractor to provide OS or DA, GTE will notprovide branding nor will GTE negotiate it with a third party on behalf ofUSTELCOM. USTFLCOM must negotiate with the third party. In these instances,USTELCOM will need to purchase customized routing and dedicated trunking todifferentiate ils OS/DA traflic from GTE's.
Misdirected Calls. The Parties will employ the following procedures for handling any misdirectedcalls (e.g., Business oflice, repair bureau, etc.).
6.1 To the extent the correct provider can be determined, each Party will refer misdirectedcalls to the proper provider of local exchange service. When refemng such calls, bothParfies agree to do so in a courteous manner at no charge.
For misdirected repair calls, the Parties wfil provide their respecfive repair bureau contactnumber to each other on a reciprocal basis and provide the end user the correct contactnumber.
6.3 In responding to misdirected calls, n'either Party shall make disparaging remarks abouteach other, nor shall they use these calls as a basis for internal referrals or to solicri endusers or to market services.
91 1/E911 Arran ernents.
7.1 Descri tion of Service. Where GTE is the 911 service provider, GTE shall provide 911Senrice as described in this Section as an element of local exchange services available forresale.
7.1.1 GTE will provide 911 map as described in Appendix C
7.2 Coo ration and Level of Performance. The Parties agree to provide access to 911/E911jri a manner that is transparent to the end user. The Parfies will work together to facilitatethe prompt, reliable and efficient level of performance that will provide the same grade ofservice as that which GTE provides to its own end use/a.
7.3
7A
U ates to Master Street Address Guide SAG . It shall be the responsibility ofUSTELCOM to ensure that the address of each of its end users is included in the MSAG.Where GTE is the lead telco, GTE will accept address records provided on USTELCOM'sLSR. GTE and USTELCOM will work together to develep the process by which LSR errorsout of the MSAG will be handled, with appropriate cost recovery to GTE. Where GTE is notthe lead telco, GTE has no action and USTELCOM must establish a separate relationshipwith the lead telco to submit records for MSAG validation. Where GTE is the lead telco, itwill have a copy of the MSAG and will provide a copy to USTELCOM upon request at therate in Appendix C.
~Ut t 9 t 9 * . Th*911IE911d I 9 'll! EddtM~UETELCCIE duser 911/E911 informafion. If USTELCOM provides its updated data to GTE as frequentlyas does GTE's internal systems, the update will be as timely. In any case, GTE vn1I notupdate the ALI database any later than one working day subsequent to receipt of data fromUSTELCOM.
7.5 CCC
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7.5.1 In situations in which GTE is responsible for maintenance of the 911/E-911database and can be compensated for maintaining USTELCOM's informagon bythe 911 district, GTE will seek such compensagon from the 911 district. GTE willseek compensation from USTELCOM only if and to the extent that GTE is unableto obtain such compensation from the 911 disbict.
7.5.2 Comps'nsation to GTE for provision of services it provides USTELCOM hereundershall be according to reasonable rates developed by GTE and agreed upon byUSTELCOM.
7.6 ~abil' GTE will not be liable for errors with respect to 911/E911 services except for ilsgrass negligence as addressed in applicable tariffs.
Dialln Form t Chan es. QTEwill provide reasonable nogltcagonto USTELCOMofchangestolocal dialing format, /.e., 7 to 10 digit, by end oflice.
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IN WITNESS WHEREOF, each Party has executed this Agreement.
GTE SOUTH INCORPORATED UNITED STATES TELECONIINUNICATIONS,
N
Titl
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APPENDIX ASERVICES AVAIIABLE FOR RESALE
General. The rates contained in this Aggendix A are based upon an avoided cost discount from GTE'sretail rates as provided in Arficle V, Section 5.3 of the Agreement to which this Ag~ndix is attached. Theavoided cost discount is based upon GTE's most current available cost studies and are subject to changeresulting from future Commission or other proceedings, including but not fimited to any generic proceeifingto determine GTE's unrecovered costs (e.g., historic costs, contribufion, undepreciated reserve defidency,or similar unrecovered GTE costs (including GTE's interim Universal Service Support Surcharge)), theestablishment of a competrTively neutral universal service system, or any appeal or other lifigation.
GTE assesses a separate interim universal service fund surcharge for resale of Basic Local ExchangeResidential and Business Services at the avoided cost discount set forth to provide continued universalservice support that is implicit in GTE's current retail services prices. This surcharge is being addressed (orwill be addressed) by the Commission or a court of competent jurisdiction. The parbes agree that GTE will
offer for resale Basic Local Exchange Residential and Business Senriices set forth in Appendix A without theinterim surcharge, but subject to the following terms and condTiions:
A. USTELCOM agrees that within thirty (30) days after the effective date of aCommission or court order aflirming GTE's interim surcharge, USTELCOM will Qi
begin paying the monthly interim surcharge in accord with Appendix C, and Qx
make a lump sum payment to GTE of the total interim surcharges retroactive tothe effective date of this Agreement
B. Notwithstanding any provision in this Agreement, GTE may, at its sole discretionand at any time, seek injunctive or other relief (i) requiring USTELCOM to payGTE's interim surcharge or (ii) requiring the Commission to immediately imposethe interim surcharge.
Nothing in this Agreement shall restrict or impair GTE from seeking injunctive reliefor any other remedy at any time and in any court regarding GTE's interimsurcharge or the Commission's rejection or modification of GTE's interimsurcharge.
The avoided cost discount for all services, excluding OS/DA, is 11.8%.
Non-Recurring Charges for Resale ServicesInitial Service Order (per order)Transfer of Senrice Charges (per order)Subsequent Senrice Order (per order)Customer Service Record Research (per request)Resale Une Installation (per line)Outside Facility Connection Charge
$47.25$16.00$24.00$ 5.25$25.00$67.00
'er Tariff: This charge will apply when field work is required for establishment of new resale service. Theterms, conditions and rates that apply for this work are described in GTE's retail local service tariffs.
Universal Service Fund (USF) Support SurchargeResidential (per line)Business (per line)
$ 1.84$ 1.97
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APPENDIX BSERVICE ORDERING, PROVISIOt4NG, BILLING AND MAINTENANCE
Senrice Orderin Service Provisionin and Bifiin tems General The following describesgenerally the operations support systems that GTE will use and the related funcfions that areavafiable for ordering, provisioning and billing for resold senrices. Except as specifically providedotherwise in this Agreement, service ordering, provisioning, billing and maintenance shall begoverned by the GTE Guide. Before orders can be taken, the USTELCOM Profile must becompleted and returned; and, if required, an advanced deposit paid. USTELCOM will provide GTEwith its Operating Company Number (OCN) and Company Code (CC) as follows:
(a) USTELCOM must provide its OCN (four-digit alpha-numeric assigned by NECA or numberadministrator) on the USTELCOM Profile. The GTE Guide provides the necessaryinformation for USTELCOM to contact NECA to obtain the OCN. There are no optionalfields on the Profile.
(b) Before the LSR and Directory Service Request (DSR) order forms can be processedUSTELCOM must provide the OCN and Customer Carrier Name Abbreviation (CCNA).
0 rations Su rt S tems for Resold Services
1.1.1 USTELCOM will also be able to order services for resale, as well as interimnumber portability, directly fr'om GTE through an electronic interface. To initiate anotder for these sen/tees, USTELCOM will submit a Local Service Request ("LSR")from its data center to GTE's Data Center using an electronic NDM interface. If noNDM interface exists or if USTELCDM chooses to establish a separate NDMinterface, USTELCOM must requeat an NDM facilily. For new entrants that electnot to interface electronically, GTE will accommodate submission of LSR ordersby E-mail, Internet or a dial NDM arrangement. An LSR is very similar to an ASR,except that it will be used exclusively for line-side interconnecfion requests. GTEwill transfer LSRs to GTE's NOMC centralized service order processing centerelectronically.
1.1.2 Most LSRs will be used either to transfer an existing GTE customer to USTELCOMor to request service for a new customer who is not an existing GTE customer.Depending on the situation, different information will be required on the LSR.LSRs for a conversion of a GTE local customer to USTELCOM must includeinformafion relating to afi exisfing, new and disconnected services for thatcustomer, including the customer's name, type of service desired, location ofservice and features or options the customer desires. USTELCOM will be able toobtain this customer informafion after GTE has received the customer's writtenconsent as specified in Arbcle IV, Section 8. For senrice to a new customer who isnot an existing GTE customer, the LSR must contain the customer's name, serviceaddress, service type, senrices, options, features and Senrices data. If known, theLSR should include the telephone number and due date/desired due date.
1.1.3 While USTELCOM would have its own customer information and may have theSAG/GTE products on tape from GTE, USTELCOM woukl not have the due dateor new telephone number for new customers since that information Is contained inGTE's systems. Therefore, a process is required to provide this information toUSTELCOM. GTE itself does not have uniform access to this informationelectronically. Until GTE and USTELCOM have agreed and established electronicinterfaces, USTELCOM agrees that an 800 number is the method that will be
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used. The 800 telephone number will connect USTFLCOM directly to GTE'sNOMC senrice representatives. When USTELCOM receives a request for basicservices from a new local senriice customer, USTELCOM will call GTE's NOMCthrough the 800 number, and, while the new customer is on hotd, GTE will providethe due date for service and the new telephone number for that customer. At thesame lime, USTELCOM will give GTE the new customer's name, service addressand type of requested service (i.e., R1, B1). GTE will enter that informa5sn into fisSORCES or SOLAR service ordering systems to be hekl in suspense untilUSTELCOM sends the confirming LSR. USTELCOM will then return to fiscustomer holding on the line and provide the due date and new telephonenumber.
After concluding the telephone call with the new customer, USTELCOIVI wfilcomplete s confirming LSR for the nsw service and send it electronically to GTE'sdata center for processing. Upon receipt, GTE will match the LSR with the serviceorder suspended in GTE's system, and if there Is a match, GTE wfil process theLSR. Alter the LSR is processed, GTE will transmit confirma5on electroificafiy toUSTELCOM through the NDM that the LSR has been processed, providing arecord of the telephone number and due date. USTELCOM will be required tosubmit ths confirming LSR by 12:00 p.m. each day local time, as defined by thelocation of the senrice address. If USTELCOM fails to submit the LSR in a 5melymanner, the suspended LSR will be considered in jeopardy, at which time GTE willassign a new due date upon receipt of the delayed LSR for such customerrequests and notify USTELCOM of the change.
Number assignments and due date schedules for senriices other than single lineservice snd hunt groups up to 12 lines will be assigned within approximatelytwenty-four (24) hours atter GTE's receipt of the LSR using the standard LocalSenrice Confirmation ("LSC") report sent eiectronicafiy to USTELCOM over theNDM, thereby providing a record of the newly established due date. An exceptionwould be s multi-line hunt group for 12 lines or fewer. The other numbers then wfilbe provided through the normal electronic confirmation process.
The processing of specificafiy requested telephone numbers (cafied Vanitynumbers") is as follows. GTE wifi work with USTELCOM on a real time interfaceto process vanity numbers while USTELCOM's customer is still on the line. If anumber solution can be established expeditiously, it will be done while thecustomer is still on the line. If extensive time will be required to find a solution,GTE service representatives will work with USTELCOM representatives off line asGTE would for its own customers. For afi of this. the basic taNT guidelines forproviding telephone numbers will be followed.
Once the order for resold senrice is established, it is moved for provisioning to thenext system level. Here, GTE will validate and process the LSR to establish anaccount for USTELCOM and, if GTE continues to provide some residual servicesto the customer, GTE will maintain a GTE account. In GTE's system„GTE'saccount is cafied the Residual Account and USTELCOM's account is referred toas the USTELCOM Account If any engineering for the service is necessary, theaccount would be distributed to the SSCC. Otherwise, it wfil be distributed forfacility assignment.
With the account established and any engineering and facility assignmentcomplete, GTE then will transmit electronically a record to GTE's CZT fieldpersonnel if physical interconnecbon or similar activity is required. The CZTs wfilprovision the service and then siectronicsfiy confirm such provision in the
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SOLAR/SORCES system when compieted. The accounts then will be transmiltedto GTE's Customer Billing Services System ("CBSS"). GTE shal! provide toUSTELCOM a senrice completion report. Cag records for actual senrice providedto USTELCOM's customers on GTE facilities will be transmitted from GTE'sswitches through some usage rating systems (BIP, UMS), screened and eventuallydelivered to CBSS for the generagon of bills.
1.1.9 CBSS is a different system than CABS, and it is the one that GTE will utiTize toproduce the required
trit
l for reso/d services and local number portability. CBSSwill create a bill to USTELCOM for resold services along with a summary billmaster. Daily unrated records for intraLATA toll usage and local usage (incollectusage data will be provided on rated bash) on USTELCOIVfs accounts will begenerated and transmitted electronically to USTELCOM.
1.1.10 On resold accounts, GTE will provide usage in EMR format per existing 8leexchange schedules. The usage billing will be in agreed upon level of detail forUSTELCOM to issue a bill to Its end users.
1.1.11 GTE will provide USTELCOM with detailed monthly biBing informafion in a paperformat until an agreed upon Electronic Data Interchange 811 electronic bill formatis operational.
1.1.12 State or sub-state level billing will include up to ten (1 0) summary bill accounts
1.1.13 GTE accepts USTELCOM's control reporis and agrees to utilize industry standardreturn codes for unbillable messages. Transmission will occur via the NDM. Tapedata will conform to Attachment A" of the LRDTR. Data wril be delivered Mondaythrough Friday except for Holidays as agreed. Data packages will be tracked byinvoice sequencing criteria. GTE contacts will be provided for sending/receivingusage glee.
1.1.14 GTE will retain data backup for 45 Business Days. To the extent USTELCOMrequires a longer retention period, USTELCOM shalt reimburse GTE for allexpenses related to that retention.
1.1.15 In addition to the LSR delivery process, USTELCOM will distribute DA anddirectory listing information (together sometimes referred to hereafter as "DA/DLinformation") to GTE via the LSR ordering process over the NDM. GTE wi11
provide listings service via its "listing continuity" offering.
1.1.1 6 Chaiges snd credits for PIC changes ordered via an LSR will appear on the resalebill. As USTELCOM places a request for a PIC change via LSR, the billing wilt bemade on USTELCOM account associated viith each individual end user. GTE willprocess all PIC changes from IXCs that are received for USTELCOM end users byrejecting back to the IXC with the USTELCOM OCN. Detail is provided so thatUSTELCOM can identify the specigc charges for rebilling to ils end user.
1.1.17 CMDS. The pan1es will provide for the distribution of intraLATA CMDS incollectniessages and/or selected local measured senrice messages as follows:
1.1.17.1 Messa es to be Screened. GTE receives CMDS I transmissionscontaining intra(ATA incollect messages from the state RBOC CMDShost each Business Day. Per USTELCCS/fs request, GTE will screenthe incollecis by NPA and line number and accumulate the Collect,Third Nur'nber Billed and Credit Card (collectivefy called incollecis)
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messages in a data file. The screening wfil be for end users who havechosen USTELCOM as their local service provider through a Resaleor Unbundled Network arrangement. The screened incofiectmessages and any Local Measured Service (LMS) usage will beaccumulated and forwarded to USTELCOM. The Parties will mutuallyagree on the frequency of the data exchange and the method oftransmission (Le., magnefic tape or direct electronic transmission).GTE will forward the screened messages in the indusby standardEMR format. GTE intraLATA toll messages that are recorded by GTEand dialed on a one plus or zero plus basis are not part of this sectionand will not be screened.
1.1.17.2 C~h. GTE 'IIMIIUSTELCOM Ihtytrelated to the screening, accumulating, processing and transmitting ofincollect messages and LMS usage, if ipplicable, at a reasonable andmutually agreeable charge. tn addi5on, any message processing feeassociated with USTELCOhfs incofiect messages that are charged toGTE by the CMDS Host will be passed on to USTELCOM on themonthly statement. Afi revenue, surcharges, taxes and any otheramounts due to the CMDS Host for USTELCOM's incofiect messageswill be billed on the monthly statement. It is USTELCOM'sresponsibility to bill and collect all incollect and LMS amounts duefrom ils end users. The incoflect and LMS revenue amounts that arelisted on the mo'nthly invoice are payable to GTE in totaL The Partiesagree that the arrangement for invoicing the incofiect and LMSrevenue amounts due GTE is not a settlement process withUSTEI.COM.
11\2 ~IM kMIS . GTE h II I'l USTELCQM 1 Myt'
I h IIGTEbill USTELCOM for previously unbilled charges that are for more than one yearprior to the current bill date.
1.2 O~SP
1.21 O~dE d ll . USTELCOM 2 t tt GTEth th'hllddprovider of telecommunications service. USTELCOM will document its Cerfificateof Operating Authority on the USTELCOM Profile and agrees to update thisUSTELCOM Profile as required to reflect ils current certifica5on. The Partiesagree to exchangewnd to update end user contact and referral numbers for orderinquiry, trouble reporfing, bilfing inquiries, and infonnafion required to comply withlaw enforcement and other security agencies of the government The Parties alsoagree to exchange and to update internal order, repair and billing point of contacts.Prior to submitting an order under this Agreement, USTELCOM shall obtain suchdocumentafion as may be required by state and federal laws and regulations.
12.2 GTE shall provide USTELCOM with a specified customer contact center forpurposes of placing service orders and coordina5ng the installation of services.These actMTies shall be accomplished by telephone call or facsimile untilelectronic interface capability has been established. The Parties adopt the OBFLSR and DSR forms for the ordering, confirmation and billing of resale senrices.
1.2.3 GTE will process such service orders during normal operafing hours, and shallimplement service orders within the same time intervals used to implement serviceordeis for similar senrices for its own users.
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12.4 GTE will provide current GTE customer proprietary network informa5on (name,address, telephone number and description of services provided by GTE includingPIC and white page directory listing information) as provided In Arficte V, Sectkm 3.The return of customer information will be via facsimile or via electronictransmission.
2.1 General Overview
2.1.1 If USTELCOM requires maintenance for its local seniice customers, USTELCOMwill initiate s request for repair (sometimes referred to as a "trouble reporf) bycalling GTE's Customer Care Repair Center. During this call, GTE servherepresenta5ves will verify that the end-user is a USTELCOM customer and willthen obtain the necessary information from USTELCOM to process the troublereport While USTELCOM representatives are sfifi on the line, GTE personnel willperform sn inNal analysis of the problem and remote line testing for resaleservices. If engineered services are involved, the call will bs made to the GTESSCC for handling. If no engineering is requfred and the line testing reveals thatthe trouble can be repaired remotely, GTE personnel will correct the problem andclose the trouble report while USTELCOM representatives are still on the line. Ifon-line resolution is not possible, GTE personnel will provide USTELCOMrepresentafives a commitment time for repair, and the GTE personnel then willenter the trouble ticket into the GTE senrice dispatch queue. USTELCOivfs repairservice commitment times will be within the same intervals as GTE provides to ilsown end users. Maintenance and repair of GTE facilNes is the responsibility ofGTE and will be performed at no incremental charge to USTELCOM. If, as aresult of USTELCOM-iniTiated trouble report, trouble is found to be theresponsibility of USTELCOM (e.g., non-network cause) GTE will chargeUSTELCOM for trouble isolation. USTELCOM will have the ability to report troublefor its end users to appropriate trouble reporting centers 24 hours a day, 7 days aweek. USTELCOM will be assigned a customer contact center when initial seiviceagreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be processed in essenfiallythe same manner as those by the GTE Customer Care Center. GTE personnelwill analyze tlie problem, provide the USTELCOM representative with acommitment time while they are still on the line, and then place the trouble ticket inthe dispatch queue.
2.1.3 GTE then will process afi USTELCOM trouble reports in the dispatch queue alongwith GTE trouble repdris in the order they were Sled (first in, first out), with prioritygiven to out-of-senrice conditions. If, at any time, GTE would determine that acommitmeht time givsri to USTELCOM becomes in jeopardy, GTE servicerepresentatives will contact USTELCOM by telephone to advise of ths jeopardycondNon and provide a new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted electronically to GTECZT service technicians who will repair the service problems and clear the troublereporis. For cleared USTELCOM trouble reports. GTE service technicians willmake a telephone call to USTELCOM directly to clear the trouble 5ckst. GTEservice technicians will make the confirmation call to the telephone numberprovided by USTELCOM. If USTELCOM is unable to process the call or placesthe GTE technician on hold, the cail will be terminated. To avoid disconnect,
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USTELCOM may develop an answering system, such as voice mail, to handle theconfirmation cags expeditiously.
2.1.5 GTE will provide electronic interface access to opera5on support systemsfunctions which provide the capability to initiate, status and close a repair troubleticket. GTE will not provkfe to USTELCOM real 5me tes5ng capability onUSTELCOM end user services. GTE'will not provide to USTELCQM an interfacefor network surveillance (performance monitoring).
Electronic interface. The Parbes shall work cooperatively in the implementabon of electronicgateway access to GTE opera5onal support systems functions in the long-term in accordance withestablished industry standards.
3.1 USTELCOM shall have immediate access te the fallowing OSS electronic interfaces thatwill provide funcfionality to enable USTELCOM te service customers in an equal and non-discriminatory manner:
3.1.1 Pre-Order func5ons, e.g., TN Assignment, DD Resenration, Address Validation,Product Availability, that are available en a dial-up or dedicated basis using theSecure Integrated Gateway System (SIGS).
3.1.2 Order fu'nctions that are available on a dial-up er dedicated basis usingCONNECT: Mail file transfer:
3.1.3 Initial trouble reports via SIGS.
3.1.4 Electronic transfer of the USTELCOM bill in electronic data 811 format.
3.2 USTELCOM may migrate to fully interactive system to system interconnecbvity. GTE, w5h-input from USTELCOM and other carriers, shall provide general interface specifications forelectronic access to this functionality. These specl5ca5ons will be provided to enableUSTELCOM to design system interface capabiliTies. Development will be in accordancewith applicable nabonal standards committee guidelines. Such interfaces will be avaigableas expeditiously as possible.
3.3 All costs and expenses for any new or modified electronic interfaces exclusively to meetUSTELCOM requirements that GTE determines are Currently Availabte and GTE agreeste develop will be paid by USTELCOM.
3.4 USTELCOM shall be respensible for modifying and connec5ng any of its pre-ordeiing andordering systems with GTE provided interfaces as described in this Appendix.
GTE Inl5ated Electronic S tern Redesi ns. GTE will not charge USTELCOM when GTE inTiiatesits own electronic system redesignslreconfigura5ons.
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APPENDIX CRATES/CHARGES FOR MISCELlANEOUS 911/E911 ITEMS
The following services are offered by GTE when USTELCOM resells GTE's local exchange services wherean item is not superseded by a tariffed offering:
A. 9-1-1 Seiecfive Router Map
Provided is a color map showing a selec5ve router'slocation and the GTE central offices that send 9-1-1 callsto it. The selecgve router and central of5ce informationwill include CLLI codes add NPA/NXXs served. Themap will include boundaries of each central of5ce andshow major streets and the county boundary.Permission to repioduce by USTELCOM for its internaluse is granted without further fee. Non-tariffed price.
$125.00 N/A
MSAG Copy
Producbon of one copy'of a 911 Customer'Master Street Address Guide, postage paid
1. Copy provided in proper for'mat
- 2. Copy provided in flatASCII 5le on a 3 1/2" diskette$238.50 $ 54.00$276.00 $36.00
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APPENDIX 45AGTE/USTELCOM OPT-IN NEGOTIATION ISSUES
GTE TERMS
Pursuant to Arbcle III, Secgon 45 of this Agreement, the following tenne shalt be applied in place of theterms in Appendix 458 (ATItT Terms) in the event the terms from the selected arbitrated agreement aredeemed to be unlawful, or are stayed or enjoined by a court or commission of competent jurisdicbon.
The Resale Terms in Article V will apply.
The Resale Discount in Appendix A will apply.
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APPENDIX 45BGTE/USTELCOM OPT-IN NEGOTIATION ISSUES
AT&T/GTE TERMS
Pursuant to Section 45 of Article III of this Agreement and subject to all of the terms and conditionsthereof, and after notice as called for in Section 45, the following AT&T TERMS will be substituted forthe GTE TERMS which are set out in Appendix 45A. The Parties shall modify this Appendix withspecific rates and terms and conditions of the AT&T Agreement ifAvhen the Commission approvesthe AT& T arbitrated agreement.
ISSUENUMBE
R
ISSUEDESCRIPTION
AGREEMENT REFERENCE
The arbitrated rates for:
Resale Avoided Cost Discounthlonrecurring Charges
Whether, if any, of the following arbitratedresale restrictions or discounts, except forcross class selling, may be removed..
Services not available for resale: lifelineservices, services for the disabled, andpromotional offenngs of 90 days or less in.duration.
The resale discount percentage(s) orderedin the final Agreement for the specificAvoided Cost Discount in Appendix A.
The services that were ordered in the 5nalAgreement to be made available for resalewhich would otherwise be excluded fromavailable resale services under Article VSections 2.1 and 2.2 of this Agreement.
Basic Exchange Residential and BusinessServices not available for resale unlessUSTELCOM pays monthly interimuniversal senric support charge.
Seniices available for resale but not at adiscount: services provided at a volumediscount which cannot be aggregated toquafify for volume discount, ICBs/ContractServices, COCOT coin or coinless,special access, operator services anddirectory assistance, and nonrecurringcharges (including ordering charges).
The senrices that were ordered in the finalAgreement to be made available for resaleat a discount which would otherwise bemade available but not at a discount underArticle V, Section 2.3 of this Agreement.
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