Exhibit 10.63


INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE

TELECOMMUNICATIONS ACT OF 1996


Dated as of June 24, 2002


by and between


VERIZON NEW YORK INC.


and


TELEPORT COMMUNICATIONS GROUP INC.





TABLE OF CONTENTS


	
  

 	
  

 	
  

 	
  

 
	
 1.0

 	
 DEFINITIONS

 	
  

 	
 1

 
	
  

 	
  

 	
  

 	
  

 
	
 2.0

 	
 INTERPRETATION AND CONSTRUCTION

 	
  

 	
 11

 
	
  

 	
  

 	
  

 	
  

 
	
 3.0

 	
 SCOPE

 	
  

 	
 12

 
	
  

 	
  

 	
  

 	
  

 
	
 4.0

 	
 INTERCONNECTION PURSUANT TO SECTION 251(c)(2)

 	
  

 	
 13

 
	
 4.1

 	
 Scope

 	
  

 	
 13

 
	
 4.2

 	
 Interconnection Methods

 	
  

 	
 15

 
	
 4.3

 	
 Mid-Span Fiber Meets

 	
  

 	
 18

 
	
 4.4

 	
 Other Interconnection Methods

 	
  

 	
 18

 
	
 4.5

 	
 Interconnection in Additional LATAs

 	
  

 	
 18

 
	
  

 	
  

 	
  

 	
  

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

 	
  

 	
 19

 
	
 5.1

 	
 Scope of Traffic

 	
  

 	
 19

 
	
 5.2

 	
 Trunk Group Connections and Ordering

 	
  

 	
 19

 
	
 5.3

 	
 Additional Switching System Hierarchy and Trunking
 Requirements

 	
  

 	
 19

 
	
 5.4

 	
 Signaling

 	
  

 	
 20

 
	
 5.5

 	
 Grades of Service

 	
  

 	
 20

 
	
 5.6

 	
 Measurement and Billing (excluding Meet Point
 Billing)

 	
  

 	
 20

 
	
 5.7

 	
 Reciprocal Compensation Arrangements Under Section
 251(b)(5) and Intercarrier Compensation Arrangements

 	
  

 	
 22

 
	
 5.8

 	
 Customer Usage Detail

 	
  

 	
 24

 
	
  

 	
  

 	
  

 	
  

 
	
 6.0

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

 	
  

 	
 25

 
	
 6.1

 	
 Scope of Traffic

 	
  

 	
 25

 
	
 6.2

 	
 Trunk Group Architecture and Traffic Routing

 	
  

 	
 25

 
	
 6.3

 	
 Meet Point Billing Arrangements

 	
  

 	
 25

 
	
 6.4

 	
 Toll Free Service Access Code (e.g., 800/888/877)
 Traffic

 	
  

 	
 29

 
	
  

 	
  

 	
  

 	
  

 
	
 7.0

 	
 TRANSPORT AND TERMINATION OF OTHER TYPES OF TRAFFIC

 	
  

 	
 30

 
	
 7.1

 	
 Information Services Traffic

 	
  

 	
 30

 
	
 7.2

 	
 Transient Tandem Service

 	
  

 	
 32

 
	
 7.3

 	
 911/E911 Arrangements

 	
  

 	
 32

 
	
  

 	
  

 	
  

 	
  

 
	
 8.0

 	
 NUMBER RESOURCES, RATE CENTERS AND RATING POINTS

 	
  

 	
 34

 
	
  

 	
  

 	
  

 	
  

 
	
 9.0

 	
 NETWORK MAINTENANCE AND MANAGEMENT; OUTAGES

 	
  

 	
 35

 
	
 9.1

 	
 Cooperation

 	
  

 	
 35

 
	
 9.2

 	
 Responsibility for Following Standards

 	
  

 	
 35

 


- i -









	
  

 	
  

 	
  

 	
  

 
	
 9.3

 	
 Interference or Impairment

 	
  

 	
 35

 
	
 9.4

 	
 Outage Repair Standard

 	
  

 	
 36

 
	
 9.5

 	
 Notice of Changes — Section 251(c)(5)

 	
  

 	
 36

 
	
  

 	
  

 	
  

 	
  

 
	
 10.0

 	
 JOINT NETWORK IMPLEMENTATION AND GROOMING PROCESS

 	
  

 	
 36

 
	
 10.1

 	
 Joint Network Implementation And Grooming Process:
 Installation, Maintenance, Testing and Repair

 	
  

 	
 36

 
	
 10.2

 	
 Installation, Maintenance, Testing and Repair

 	
  

 	
 37

 
	
 10.3

 	
 Forecasting Requirements for Trunk Provisioning

 	
  

 	
 38

 
	
  

 	
  

 	
  

 	
  

 
	
 11.0

 	
 UNBUNDLED ACCESS

 	
  

 	
 39

 
	
 11.1

 	
 Verizon’s Provision of Network Elements

 	
  

 	
 39

 
	
 11.2

 	
 Loops, Sub-Loops, Dark Fiber, Line Sharing, Line
 Splitting, and House and Riser

 	
  

 	
 40

 
	
 11.3

 	
 Network Interface Device

 	
  

 	
 40

 
	
 11.4

 	
 Unbundled Switching Elements

 	
  

 	
 41

 
	
 11.5

 	
 Unbundled InterOffice Transmission Facilities

 	
  

 	
 42

 
	
 11.6

 	
 Operations Support Systems

 	
  

 	
 44

 
	
 11.7

 	
 Limitations on Unbundled Access

 	
  

 	
 44

 
	
 11.8

 	
 Availability of Other Network Elements on an Unbundled
 Basis

 	
  

 	
 45

 
	
 11.9

 	
 Conversion of
 Live Telephone Exchange Service to Analog 2W Loops

 	
  

 	
 46

 
	
 11.10

 	
 Testing, Trouble Isolation and Dispatch Associated
 with Maintenance of Unbundled Network Elements

 	
  

 	
 47

 
	
 11.11

 	
 Rates

 	
  

 	
 48

 
	
 11.12

 	
 Combinations

 	
  

 	
 48

 
	
 11.13

 	
 Demand Management Forecasts

 	
  

 	
 49

 
	
 11.14

 	
 Enhanced Cooperative Testing

 	
  

 	
 49

 
	
  

 	
  

 	
  

 	
  

 
	
 12.0

 	
 RESALE - SECTIONS 251(c)(4) and 251(b)(1)

 	
  

 	
 49

 
	
 12.1

 	
 Availability of Retail Services/Wholesale Rates for
 Resale

 	
  

 	
 49

 
	
 12.2

 	
 Customer Specific Offerings

 	
  

 	
 50

 
	
 12.3

 	
 Availability of Branding for Resale

 	
  

 	
 50

 
	
 12.4

 	
 Customer of Record

 	
  

 	
 50

 
	
 12.5

 	
 Discontinuance of Verizon Services

 	
  

 	
 50

 
	
 12.6

 	
 Additional Terms Governing Resale and Use of Verizon
 Services

 	
  

 	
 51

 
	
  

 	
  

 	
  

 	
  

 
	
 13.0

 	
 COLLOCATION — SECTION 251(c)(6)

 	
  

 	
 55

 
	
  

 	
  

 	
  

 	
  

 
	
 14.0

 	
 NUMBER PORTABILITY - SECTION 251(b)(2)

 	
  

 	
 56

 
	
 14.1

 	
 Scope

 	
  

 	
 56

 
	
 14.2

 	
 Procedures for Providing LNP (Long-term Number
 Portability)

 	
  

 	
 56

 
	
 14.3

 	
 Procedures for Providing NP Through Full NXX Code
 Migration

 	
  

 	
 59

 
	
 14.4

 	
 Transition from Interim Number Portability (INP) to
 LNP

 	
  

 	
 59

 
	
 14.5

 	
 Pricing

 	
  

 	
 59

 
	
  

 	
  

 	
  

 	
  

 
	
 15.0

 	
 DIALING PARITY — SECTION 251(b)(3)

 	
  

 	
 59

 


- ii -









	
  

 	
  

 	
  

 	
  

 
	
 16.0

 	
 ACCESS TO RIGHTS-OF-WAY — SECTION 251(b)(4)

 	
  

 	
 59

 
	
  

 	
  

 	
  

 	
  

 
	
 17.0

 	
 DATABASES AND SIGNALING

 	
  

 	
 60

 
	
  

 	
  

 	
  

 	
  

 
	
 18.0

 	
 COORDINATED SERVICE ARRANGEMENTS

 	
  

 	
 61

 
	
 18.1

 	
 Intercept and Referral Announcements

 	
  

 	
 61

 
	
 18.2

 	
 Customer Contact, Coordinated Repair Calls and
 Misdirected Inquiries

 	
  

 	
 61

 
	
 18.3

 	
 Customer Authorization

 	
  

 	
 62

 
	
 18.4

 	
 Cooperation With Law Enforcement

 	
  

 	
 64

 
	
 18.5

 	
 Resolution of Annoyance/Harassing Calls

 	
  

 	
 64

 
	
 18.6

 	
 Customer Credit History

 	
  

 	
 65

 
	
  

 	
  

 	
  

 	
  

 
	
 19.0

 	
 DIRECTORY SERVICES ARRANGEMENTS

 	
  

 	
 65

 
	
 19.1

 	
 Directory Listings and Directory Distributions

 	
  

 	
 65

 
	
 19.2

 	
 Service Information Pages

 	
  

 	
 66

 
	
 19.3

 	
 Directory Publication

 	
  

 	
 67

 
	
 19.4

 	
 Other Directory Services

 	
  

 	
 67

 
	
 19.5

 	
 Directory Assistance (DA) and Operator Services (OS)

 	
  

 	
 67

 
	
  

 	
  

 	
  

 	
  

 
	
 20.0

 	
 RATES AND CHARGES; ASSURANCE OF PAYMENT

 	
  

 	
 67

 
	
  

 	
  

 	
  

 	
  

 
	
 21.0

 	
 INSURANCE

 	
  

 	
 69

 
	
  

 	
  

 	
  

 	
  

 
	
 22.0

 	
 TERM AND TERMINATION; DEFAULT

 	
  

 	
 70

 
	
  

 	
  

 	
  

 	
  

 
	
 23.0

 	
 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

 	
  

 	
 72

 
	
  

 	
  

 	
  

 	
  

 
	
 24.0

 	
 INDEMNIFICATION

 	
  

 	
 72

 
	
  

 	
  

 	
  

 	
  

 
	
 25.0

 	
 LIMITATION OF LIABILITY

 	
  

 	
 74

 
	
  

 	
  

 	
  

 	
  

 
	
 26.0

 	
 SERVICE QUALITY MEASUREMENT REPORTS, STANDARDS AND
 REMEDIES

 	
  

 	
 76

 
	
  

 	
  

 	
  

 	
  

 
	
 27.0

 	
 COMPLIANCE WITH LAWS; REGULATORY APPROVAL

 	
  

 	
 76

 
	
  

 	
  

 	
  

 	
  

 
	
 28.0

 	
 MISCELLANEOUS

 	
  

 	
 77

 
	
 28.1

 	
 Authorization

 	
  

 	
 77

 
	
 28.2

 	
 Independent Contractor

 	
  

 	
 77

 
	
 28.3

 	
 Force Majeure

 	
  

 	
 78

 
	
 28.4

 	
 Good Faith Performance

 	
  

 	
 78

 
	
 28.5

 	
 Confidentiality

 	
  

 	
 78

 
	
 28.6

 	
 Choice of Law

 	
  

 	
 80

 
	
 28.7

 	
 Taxes

 	
  

 	
 81

 
	
 28.8

 	
 Assignment and Delegation

 	
  

 	
 83

 
	
 28.9

 	
 Billing and Payment; Disputed Amounts

 	
  

 	
 84

 


- iii -









	
  

 	
  

 	
  

 	
  

 
	
 28.10

 	
 Audits

 	
  

 	
 85

 
	
 28.11

 	
 Dispute Resolution

 	
  

 	
 86

 
	
 28.12

 	
 Notices

 	
  

 	
 93

 
	
 28.13

 	
 252(i) Obligations

 	
  

 	
 94

 
	
 28.14

 	
 Joint Work Product

 	
  

 	
 94

 
	
 28.15

 	
 No Third Party Beneficiaries; Disclaimer of Agency

 	
  

 	
 94

 
	
 28.16

 	
 No Licenses

 	
  

 	
 95

 
	
 28.17

 	
 Technology Upgrades

 	
  

 	
 96

 
	
 28.18

 	
 Survival

 	
  

 	
 96

 
	
 28.19

 	
 Entire Agreement

 	
  

 	
 97

 
	
 28.20

 	
 Counterparts

 	
  

 	
 97

 
	
 28.21

 	
 Modification, Amendment, Supplement, or Waiver

 	
  

 	
 97

 
	
 28.22

 	
 Successors and Assigns

 	
  

 	
 97

 
	
 28.23

 	
 Publicity and Use of Trademarks or Service Marks

 	
  

 	
 97

 
	
 28.24

 	
 Severability

 	
  

 	
 97

 
	
 28.25

 	
 Subcontracting

 	
  

 	
 98

 
	
 28.26

 	
 [Intentionally deleted]

 	
  

 	
 98

 
	
 28.27

 	
 CLEC Certification

 	
  

 	
 98

 
	
 28.28

 	
 Nonexclusive Remedies

 	
  

 	
 98

 
	
  

 	
  

 	
  

 	
  

 
	
 EXHIBITS AND SCHEDULES

 
	
  

 	
  

 	
  

 	
  

 
	
 EXHIBIT A

 	
  

 	
 100

 
	
 APPENDIX A TO
 EXHIBIT A

 	
  

 	
 108

 
	
  

 	
  

 	
  

 	
  

 
	
 SCHEDULE 5.6

 	
  

 	
 135

 
	
  

 	
  

 	
  

 	
  

 
	
 SCHEDULE 5.6.7

 	
  

 	
 137

 
	
  

 	
  

 	
  

 
	
 SCHEDULE 7.1.4

 	
  

 	
 138

 
	
  

 	
  

 	
  

 
	
 SCHEDULE 11

 	
  

 	
 141

 
	
  

 	
  

 	
  

 
	
 SCHEDULE 26.0

 	
  

 	
 147

 
	
 APPENDIX A

 	
  

 	
 148

 
	
 APPENDIX B

 	
  

 	
 189

 


- iv -





INTERCONNECTION
AGREEMENT UNDER SECTIONS 251 AND 252

OF THE TELECOMMUNICATIONS ACT OF 1996


          This
Interconnection Agreement under Sections 251 and 252 of the Telecommunications
Act of 1996, is effective as of the 24th day of June, 2002 (the “Effective
Date”), by and between Verizon New York Inc. (“Verizon”), a New York
corporation with offices at 1095 Avenue of the Americas, New York, New York
10036, and Teleport Communications Group Inc. (“TCG”), a New York corporation
with offices at 32 Avenue of the Americas, New York, New York 10013 (the
“Parties”).


          WHEREAS,
the Federal Communications Commission (the “FCC”) has issued rules to implement
the Telecommunications Act of 1996 (as amended or modified from time to time,
the “Act”) (including In the Matter of the Local Competition Provisions in the
Telecommunications Act of 1996, FCC 96-325 (hereinafter, as amended, modified,
stayed or reconsidered from time to time, the “Order”); and


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


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


	
  

 	
  

 
	
 1.0

 	
 DEFINITIONS

 



          As
used in this Agreement, the following terms shall have the meanings specified
below in this Section 1. All capitalized terms used but not defined shall have
the meanings set forth in the Act, or the FCC’s or Commission’s applicable
rules, regulations or orders. Where a term is defined in both this Agreement
and in a Verizon Tariff governing the provision of any services, arrangements,
or facilities provided hereunder, the term as defined in the Verizon Tariff
shall control, except as otherwise provided pursuant to an order by the New
York State Public Service Commission (“Commission”) in an arbitration
proceeding between the Parties pursuant to Section 252 of the Act.


          1.1
[Intentionally deleted.]


          1.2
“Act” means the Communications Act of 1934 (47 U.S.C. 151 et seq.),
as from time to time amended (including, without limitation, by the
Telecommunications Act of 1996), and as from time to time interpreted in the
duly authorized rules and regulations of the FCC or the Commission.


          1.3
“ADSL” or “Asymmetrical Digital Subscriber Line” means a transmission
technology on twisted pair copper Loop plant, which transmits an asymmetrical
digital signal of up to 6 Mbps to the Customer and up to 640 kbps from the
Customer, as


1





specified in ANSI standards T1.413-1998 and Bell
Atlantic Technical Reference TR-72575.


          1.4
[Intentionally deleted.] 


          1.5
“Agreement” means this Interconnection Agreement including all Exhibits,
Schedules, addenda, and attachments referenced herein and/or appended hereto.


          1.6
“Ancillary Traffic,” means all traffic that is destined for ancillary services,
or that may have special billing requirements, including but not limited to the
following: BLV/BLVI, Directory Assistance, 911/E911, Operator Services (IntraLATA
call completion), IntraLATA third party, collect and calling card, 800/888
database query, LIDB, and information services requiring special billing as
described in section 7.1.


          1.7
“Applicable Laws” or “Law” means all laws, rules, regulations, and orders
(state or federal) which are applicable to each Party’s performance of its
obligations hereunder. 


          1.8
[Intentionally deleted.] 


          1.9
[Intentionally deleted.] 


          1.10
“Automatic Number Identification” or “ANI” means a signaling parameter which
refers to the number transmitted through a network identifying the billing
number of the calling party. 


          1.11
“Bona Fide Request” or “BFR” means the process as described in Verizon’s PSC NY No. 10 Tariff that prescribes the
terms and conditions relating to TCG’s request that Verizon provide an
unbundled Network Element or Interconnection that it is not otherwise required
to provide under the terms of this Agreement. 


          1.12
“Busy Line Verification” or “BLV” means an operator request for a status check
on the line of a called party. The request is made by one Party’s operator to
an operator of the other Party. The verification of the status check is
provided to the requesting operator. 


          1.13
“Busy Line Verification Interrupt” or “BLVI” means a service that may be
requested and provided when BLV has determined that a line is busy due to an
ongoing call. BLVI is an operator interruption of that ongoing call to inform
the called party that a calling party is seeking to complete his or her call to
the called party. 


          1.13a
[Intentionally Deleted.]


          1.14
“Calling Party Number” or “CPN” is a Common Channel Signaling (“CCS”) parameter
which refers to the number transmitted through a network identifying the
calling party.


2





          1.15
“Central Office Switch” means a switch used to provide Telecommunications
Services, including, but not limited to: 


          (a)
An “End Office Switch” or “End Office” which is a switching entity that is used
to terminate Customer station Loops for the purpose of interconnection to each
other and to trunks. An “End Office Host” is an End Office that has the
capability of supporting other switching entities in a Host-Remote relationship
by providing “Host” functionalities to those remote entities; “End Office
Remote” is an End Office that is not an End Office Host; and


          (b)
A “Tandem Switch” or “Tandem Office” or “Tandem” which is a switching entity
that has billing and recording capabilities and is used to connect and switch
trunk circuits between and among End Office Switches and between and among End
Office Switches and carriers’ aggregation points, points of termination, or
points of presence, and to provide Switched Exchange Access Services.


          A
Central Office Switch may also be employed as a combination End Office/Tandem
Office Switch or 911 tandem.


          1.16
“CLASS (Custom Local Access Signaling Service) Features” means certain
CCS-based features available to Customers including, but not limited to:
Automatic Call Back; Call Trace; Caller Identification, and future CCS-based
offerings.


          1.17
“Collocation” means an arrangement in which the equipment of TCG is installed
and maintained at the premises of Verizon for the purpose of Interconnection
with Verizon or access to the unbundled Network Element of Verizon. 


          1.18
“Commission” means the New York State Public Service Commission.


          1.19
“Common Channel Signaling” or “CCS” means a method of transmitting call set-up
and network control data over a digital signaling network separate from the
public switched telephone network facilities that carry the actual voice or
data traffic of the call. “SS7” means the common channel out of band signaling
protocol developed by the Consultative Committee for International Telephone
and Telegraph (“CCITT”) and the American National Standards Institute (“ANSI”).
Verizon and TCG currently utilize this out-of-band signaling protocol. “CCSAC”
or “CCSAS” means the Common Channel Signaling access connection or service,
respectively, which connects one Party’s signaling point of Interconnection
(“SPOI”) to the other Party’s STP for the exchange of SS7 messages. 


          1.20
“Competitive Local Exchange Carrier” or “CLEC” means any Local Exchange Carrier
other than Verizon, operating as such in Verizon’s certificated territory in
New York. For purposes of this Agreement, TCG is a CLEC.


          1.21
“Cross Connection” means a jumper cable, or similar connection provided with a
Collocation arrangement at the digital signal cross connect, Main Distribution
Frame or other suitable frame or panel between (i) TCG’s equipment and (ii) the
equipment or facilities of Verizon. 


3





          1.22
“Customer” means a third-party residence or business end-user subscriber to
Telecommunications Services provided by either of the Parties, provided,
however, the term “Customer” does not include a Party. 


          1.22a
“Customer Usage Detail Information” means the usage information for either a
Verizon resold local exchange dial tone line or unbundled Local Switching port
purchased by TCG under this Agreement that Verizon would record if Verizon was
furnishing such Verizon retail local exchange dial tone line service to a
Verizon end-user retail Customer.


          1.23
“Days” shall mean calendar days unless otherwise designated as “business days”.


          1.24
[Intentionally deleted.]


          1.25
[Intentionally deleted.]


          1.26
“Digital Signal Level” means one of several transmission rates in the
time-division multiplex hierarchy.


          1.27
“Digital Signal Level 0” or “DS0” means the 64 Kbps zero-level signal in the
time-division multiplex hierarchy.


          1.28
“Digital Signal Level 1” or “DS1” means the 1.544 Mbps first-level signal in
the time-division multiplex hierarchy.


          1.29
“Digital Signal Level 3” or “DS3” means the 44.736 Mbps third-level in the
time-division multiplex hierarchy


          1.30
“8YY” refers to toll free service area codes and includes the existing 800, 888,
877, 866, and 855 toll free service access codes and such other future toll
free service access codes as may be approved by the Industry Numbering
Committee or its successor.


          1.31
“Entrance Facility” means the facility between a Party’s designated premises
and the Central Office serving that designated premises.


          1.32
“Exchange Message Interface” or “EMI” means the standard used for exchange of
Telecommunications message information among Telecommunications Carriers for
billable, non-billable, sample, settlement, and study data. EMI format is
contained in SR-320 published by the Alliance for Telecom Industry Solutions.


          1.33
“FCC” means the Federal Communications Commission.


          1.33a
“FCC Internet Order” means the Order on Remand and Report and Order, In the
Matter of Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996, Intercarrier Compensation for ISP Bound
Traffic, FCC 01-131, CC Docket Nos. 96-98 and 99-68, (adopted April 18, 2001).


4





          1.34
“FCC Regulations” means the regulations duly and lawfully promulgated by the
FCC, as in effect from time to time. 


          1.35
“HDSL” or “High-Bit Rate Digital Subscriber Line” means a transmission
technology which transmits up to a DS-1-level signal using any one of the
following line codes: 2 Binary / 1 Quartenary (“2B1Q”). Carrierless AM/PM,
Discrete Multitone (“DMT”), or 3 Binary / 1 Octal (“3B1Q”).


          1.36
[Intentionally deleted.]


          1.37
“Independent Telephone Company” or “ITC” means any entity other than Verizon
which, with respect to its operations within New York, is an Incumbent Local
Exchange Carrier. 


          1.38
“Information Services Traffic” means Reciprocal Compensation Traffic or
IntraLATA Toll Traffic which originates on a Telephone Exchange Service line
and which is addressed to an information service provided over a Party’s
information services platform (e.g., 540, 550, 976, 940, and 970). 


          1.39
“Inside Wire” or “Inside Wiring” means all wire, cable, terminals, hardware,
and other equipment or materials on the Customer’s side of the Rate Demarcation
Point.


          1.40
“Integrated Digital Loop Carrier” or “IDLC” means a subscriber Loop carrier
system which integrates within the switch at a DS1 level that is twenty-four
(24) Loop transmission paths combined into a 1.544 Mbps digital signal.


          1.41
“Integrated Services Digital Network” or “ISDN” means a switched network
service providing end-to-end digital connectivity for the simultaneous
transmission of voice and data. Basic Rate Interface-ISDN (“BRI-ISDN”) provides
for digital transmission of two 64 kbps bearer channels and one 16 kbps data
and signaling channel (2B+D). Primary Rate Interface-ISDN (“PRI-ISDN”) provides
for digital transmission of twenty three (23) 64 kbps bearer channels and one
(1) 64 kbps data and signaling channel (23 B+D).


          1.42
[Intentionally deleted.]


          1.43
“Interexchange Carrier” or “IXC” means a carrier that provides, directly or
indirectly, interLATA and in some instances intraLATA Telephone Toll Services. 


          1.44
“Interim Number Portability” or “INP” means the use of existing and available
call routing, forwarding, and addressing capabilities (e.g. remote call
forwarding) to enable a Customer to receive Telephone Exchange Service provided
by any Local Exchange Carrier operating within the exchange area with which the
Customer’s telephone number(s) is associated, without having to change the
telephone number presently assigned to the Customer and regardless of whether
the Customer’s chosen Local Exchange Carrier is the carrier that originally
assigned the number to the Customer. 


5





          1.44a
“Internet Service Provider (“ISP”)” is an entity that provides its customers
the ability to obtain on-line information through the Internet.


          1.45
“Internet Traffic” means any traffic that is transmitted to or returned from
the Internet at any point during the duration of the transmission.


          1.46
“IntraLATA Toll Traffic” means those intraLATA calls, if any, that are not
defined as Reciprocal Compensation Traffic in this Agreement. 


          1.47
“Line sharing” is an arrangement by which Verizon facilitates TCG’s provision
of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with
T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or
any other xDSL technology that is presumed to be acceptable for shared line
deployment in accordance with FCC rules, to a particular Customer location over
an existing copper Loop that is being used simultaneously by Verizon to provide
analog circuit-switched voice grade service to that Customer by making
available to TCG, solely for TCG’s own use for provisioning those Advanced
Services that are presumed to be acceptable for shared line deployment in
accordance with FCC rules (“Advanced Services”), the frequency range above the
voice band on the same copper Loop required by TCG to provide such services.
This Agreement addresses line sharing over loops that are entirely copper
loops. The Parties do not intend anything in this Agreement to prejudice either
TCG’s position that line sharing may occur on loops constructed of fiber optic
cable, digital loop carrier electronics, and copper distribution cable or Verizon’s
position that line sharing can only occur over copper loops or copper
sub-loops.


          1.48
“Line Side” means an End Office Switch connection that provides transmission,
switching and optional features suitable for Customer connection to the public
switched network, including loop start supervision, ground start supervision,
and signaling for basic rate ISDN service.


          1.49
“Line Splitting” is an arrangement
by which TCG, at its Collocation arrangement or the Collocation arrangement provided
by Verizon to another CLEC, facilitates that CLEC’s provision of ADSL (in
accordance with T1.413) or any other xDSL technology that is presumed to be
acceptable for shared line deployment in accordance with FCC rules, to a
particular TCG Customer over the high frequency range portion of an existing
copper xDSL compatible Loop (i.e. compatible with an xDSL service that is
presumed to be acceptable for shared line deployment in accordance with FCC
rules) (“data channel”) provided by Verizon that is used simultaneously by TCG
to provide analog circuit-switched voice grade service to that Customer through
the provision of unbundled Local Switching.


          1.50
[Intentionally deleted]


          1.51
[Intentionally deleted]


          1.51
“Loop” means a transmission path that extends from a Main Distribution Frame,
DSX panel or functionally comparable piece of equipment in a Customer’s serving
End Office to the Rate Demarcation Point (or NID if installed at the Rate


6





Demarcation Point) in or at the Customer’s premises.
The actual transmission facilities used to provide a Loop may utilize any of
several technologies.


          1.51a
“Loop Demarcation Point” or “Rate Demarcation Point” means the physical point
in a Verizon-provided network facility at which Verizon’s responsibility for
maintaining the network facility ends and the Customer’s responsibility for
maintaining the remainder of the facility begins, as set forth in Verizon’s
applicable Tariffs, if any, or as otherwise prescribed under Applicable Law.


          1.51b
“Loss” or “Losses” means any and all losses, costs (including court costs),
claims, damages (including fines, penalties, and criminal or civil judgments
and settlements), injuries, liabilities and expenses (including attorneys’
fees).


          1.52
“Main Distribution Frame” or “MDF” means the primary point at which outside
plant facilities terminate within a Wire Center for interconnection to other
telecommunications facilities within the Wire Center.


          1.53
“MECAB” means the Multiple Exchange Carrier Access Billing (MECAB) document
prepared by the Billing Committee of the Ordering and Billing Forum (“OBF”),
which functions under the auspices of the Carrier Liaison Committee (“CLC”) of
the Alliance for Telecommunications Industry Solutions (“ATIS”). The MECAB
document, published by Bellcore as Special Report SR-BDS-000983, contains the
recommended guidelines for the billing of an Exchange Access service provided
by two or more LECs, or by one LEC in two or more states, within a single LATA.


          1.54
“MECOD” means the Multiple Exchange Carriers Ordering and Design (MECOD)
Guidelines for Access Services - Industry Support Interface, a document
developed by the Ordering/Provisioning Committee under the auspices of OBF. The
MECOD document, published by Bellcore as Special Report SR-STS-002643,
establishes methods for processing orders for Exchange Access service which is
to be provided by two or more LECs.


          1.55
“Meet-Point Billing” or “MPB” means an arrangement whereby two or more LECs
jointly provide to a third party (e.g. an Interexchange Carrier) the transport
element of a Switched Exchange Access Service to one of the LECs’ End Office
Switches, with each LEC receiving an appropriate share of the transport element
revenues as defined by their effective Exchange Access tariffs, and as also
outlined in the MECAB guidelines. “Meet-Point Billing Traffic” means traffic
that is subject to an effective Meet-Point Billing arrangement. 


          1.56
[Intentionally deleted] 


          1.57
[Intentionally deleted.] 


          1.58
[Intentionally deleted.]


          1.59
“Network Interface Device” or “NID” means an interface provided by a
Telecommunications Carrier, including all features, functions and capabilities
of such


7





interface, and terminating such Carrier’s
telecommunications network on the property where a Customer’s service is
located at a point determined by such Carrier. The NID contains a FCC Part 68
registered jack from which Inside Wire may be connected to the other Party’s
network.


          1.60
“North American Numbering Plan” or “NANP” means the numbering plan used in the
United States that also serves Canada, Bermuda, Puerto Rico and certain
Caribbean Islands. The NANP format is a 10-digit number that consists of a
3-digit NPA code (commonly referred to as the area code) followed by a 3-digit
NXX code and 4-digit line number.


          1.61
“Numbering Plan Area” or “NPA” is also sometimes referred to as an area code.
There are two general categories of NPAs, “Geographic NPAs” and “Non-Geographic
NPAs.” A Geographic NPA is associated with a defined geographic area, and all
telephone numbers bearing such NPA are associated with services provided within
that geographic area. A Non-Geographic NPA, also known as a “Service Access
Code” or “SAC Code,” is typically associated with a specialized
telecommunications service which may be provided across multiple geographic NPA
areas; 8YY, 900, 700, 500 and 888 are examples of Non-Geographic NPAs. 


          1.62
“NXX,” “NXX Code,” or “End Office Code” means the three digit switch entity
indicator (i.e. the first three digits of a seven digit telephone number). 


          1.62a
“Percent Interstate Usage” or “PIU” is a factor that is used to determine the
interstate portion of minutes of traffic exchanged via Traffic Exchange Trunks.
PIU is developed from the measurement of calls in which the calling and called
parties are not located within the same state. PIU is the first such factor
applied to traffic for jurisdictional separation of traffic. 


          1.63
“Percent Local Usage” or “PLU” is a factor that is used to determine the
portion of traffic exchanged via Traffic Exchange Trunks that is made up of
Reciprocal Compensation Traffic minutes or
dial-up, switched Internet Traffic minutes (that are compensable pursuant to
the FCC Internet Order). PLU, in New York, is developed from the
measurement of calls in which the calling and called party are located within a
given LATA. The PLU factor is applied to traffic only after the PIU factor has
been applied for jurisdictional separation of traffic. 


          1.64
“Point of Interconnection” or “POI” means the physical location where the
originating Party’s facilities (owned or leased) physically interconnect with
the terminating Party’s facilities for the purpose of exchanging traffic.


          1.65
“Port Element” or “Port” means a line card (or equivalent) and associated
peripheral equipment on an End Office Switch which interconnects individual
Loops or individual Customer trunks and the switching components of an End
Office Switch and the associated switching functionality in that End Office
Switch. Each Port is typically associated with one (or more) telephone
number(s) which serves as the Customer’s


8





network address. The Port Element is part of the
provision of unbundled local Switching Element. 


          1.66
“Rate Center Area” or “Exchange Area” means the geographic area that has been
identified by a given LEC as being associated with a particular NPA-NXX code
assigned to the LEC for its provision of Telephone Exchange Services. The Rate
Center Area is the exclusive geographic area which the LEC has identified as
the area within which it will provide Telephone Exchange Services bearing the
particular NPA-NXX designation associated with the specific Rate Center Area. 


          1.66a
A “Rate Center Point” is a specific geographic point, defined by a V&H
coordinate, located within the Rate Center Area and used to measure distance
for the purpose of billing Customers for distance-sensitive Telephone Exchange
Services and Toll Traffic. 


          1.67
[Intentionally omitted] 


          1.68
“Rating Point” or “Routing Point” means a specific geographic point identified
by a specific V&H coordinate. The Routing Point is used to route inbound
traffic to specified NPA-NXXs and Rating Point is used to calculate mileage
measurements for distance-sensitive transport charges of switched access
services. Pursuant to Bellcore Practice BR-795-100-100, the Rating Point may be
an End Office location, or a “LEC Consortium Point of Interconnection.”
Pursuant to that same Bellcore Practice, examples of the latter shall be
designated by a common language location identifier (“CLLI”) code with (x)KD in
positions 9, 10, 11, where (x) may be any alphanumeric A-Z or 0-9. The Rating
Point/Routing Point must be located within the LATA in which the corresponding
NPA-NXX is located. However, the Rating Point/Routing Point associated with
each NPA-NXX need not be the same as the corresponding Rate Center Point, nor
must it be located within the corresponding Rate Center Area, nor must there be
a unique and separate Rating Point corresponding to each unique and separate
Rate Center.


          1.69
“Reciprocal Compensation” means the arrangement for recovering costs incurred
for the transport and termination of eligible IntraLATA Traffic originating on
one Party’s network and terminating on the other Party’s network and refers to
the payment arrangements set forth in Subsection 5.7 below.


          1.70
“Reciprocal Compensation Traffic” means a call completed between two Telephone
Exchange Service Customers of the Parties located in the same LATA, originated
on one Party’s network and terminated on the other Party’s network where such
call was not carried by a third party carrier during the course of the call or
carried by a Party as either a presubscribed call (1+) or a casual dialed
(10XXX or 1010XXXX) call originated by a Telephone Exchange Customer of another
carrier. Subject to the FCC Internet Order, Reciprocal Compensation Traffic
does not include Internet Traffic.


          1.71
[Intentionally deleted.]


9





          1.72
“Service” means any Interconnection arrangement, Network Element,
Telecommunications Service, Collocation arrangement, or other service, facility
or arrangement, offered for sale by a Party under this Agreement.


          1.73
“Service Control Point” or “SCP” means the node in the Common Channel Signaling
network to which informational requests for service handling, such as routing,
are directed and processed. The SCP is a real time database system that, based
on a query from a service switching point (“SSP”) and via a Signaling Transfer
Point, performs subscriber or application-specific service logic, and then
sends instructions back to the SSP on how to continue call processing.


          1.74
“Signaling Transfer Point” or “STP” means a packet switch in the CCS network
that is used to route signaling messages among SSPs, SCPs and other STPs in
order to set up calls and to query databases for advanced services. Verizon’s
network includes mated pairs of local and regional STPs. STPs are provided in
pairs for redundancy. Verizon STPs conform to ANSI T1.111-8 standards. It
provides SS7 Network Access and performs SS7 message routing and screening.


          1.74a
[Intentionally deleted.]


          1.75
“Switched Access Detail Usage Data” means a category 1101XX record as defined
in the EMI Bellcore Practice BR-010-200-010.


          1.76
“Switched Access Summary Usage Data” means a category 1150XX record as defined
in the EMI Bellcore Practice BR-010-200-010.


          1.77
“Switched Exchange Access Service” means the offering of transmission and
switching services for the purpose of the origination or termination of Toll
Traffic. Switched Exchange Access Services include but may not be limited to:
Feature Group A, Feature Group B, Feature Group D, 700 access, 8YY access, and
900 access.


          1.78
“Synchronous Optical Network” or “SONET” is
the North American standard for the transmission of high capacity bandwidth
over optical facilities.


          1.79
“Tariff” means any applicable federal or state tariff of a Party, as may be
amended by the Party from time to time, under which a Party offers a particular
service, facility, or arrangement. A Tariff shall not include any “Statement of
Generally Available Terms and Conditions” (“SGAT”) which Verizon has filed or
may file pursuant to Section 252(f) of the Communications Act of 1934, 47
U.S.C. § 252(f). 


          1.80
[Intentionally deleted.]


          1.81
[Intentionally deleted.]


          1.82
[Intentionally deleted.]


          1.83
[Intentionally deleted.]


10





          1.84
[Intentionally deleted.]


          1.85
[Intentionally deleted.]


          1.86
[Intentionally deleted.]


          1.87
[Intentionally deleted.] 


          1.87a
“Toll Traffic” means traffic that is originated by a Customer of one Party on
that Party’s network and terminates to a Customer of the other Party on that
Party’s network and is not Reciprocal Compensation Traffic or Ancillary
Traffic. Toll Traffic may be either “IntraLATA Toll Traffic” or “InterLATA Toll
Traffic,” depending on whether the originating and terminating points are
within the same LATA. 


          1.88
[Intentionally deleted.]


          1.89
“Tandem Transit Traffic” or “Transit Traffic” means the traffic that is
exchanged under the Transient Tandem Service set forth in Verizon’s PSC NY No. 8 Tariff.


          1.90
“Trunk Side” means a Central Office Switch connection that is capable of, and
has been programmed to treat the circuit as, connecting to another switching
entity (e.g. another carrier’s network). Trunk Side connections
offer those transmission and signaling features appropriate for the connection
of switching entities.


          1.91
[Intentionally deleted.]


          1.92
[Intentionally deleted.]


          1.93
“Voice Grade” means either an analog signal of 300 to 3000 Hz or a digital
signal of 56/64 kilobits per second. When referring to digital Voice Grade
service (a 56/64 kbps channel), the terms “DS-0” or “sub-DS-1” may also be
used.


          1.93a
[Intentionally deleted.]


          1.94
“Wire Center” means a building or portion of a building which serves as a
Routing Point for Switched Exchange Access Service. The Wire Center serves as
the premises for one or more Central Offices. 


	
  

 	
  

 
	
 2.0

 	
 INTERPRETATION AND CONSTRUCTION

 



          2.1 All
references to Sections, Attachments, Exhibits and Schedules shall be deemed to
be references to Sections, Attachments, Exhibits and Schedules to this Agreement
unless the context shall otherwise require or as specifically provided herein.
The headings used in this Agreement are inserted for convenience of reference
only and are not intended to be a part of or to affect the meaning of this
Agreement. Unless the context shall otherwise require or as otherwise
specifically provided herein, any reference to any technical publication,
agreement, other instrument (including Verizon or other


11





third party offerings, guides or practices), statute,
regulation, rule, order or Tariff is to such technical publication, agreement,
other instrument, statute, regulation, rule, order or Tariff, as amended and
supplemented from time to time (and, in the case of a statute, regulation, rule
or Tariff, to any successor provision). 


          2.2 The
terms and conditions of any and all Attachments, Schedules and Exhibits hereto,
as amended from time to time by mutual agreement of the Parties, are
incorporated herein by reference and shall constitute part of this Agreement as
if fully set forth herein. This Agreement shall be construed and/or interpreted
wherever possible to avoid conflict between the provisions hereof and the
Attachments, Schedules or Exhibits hereto. If any provision contained in this
main body of the Agreement and any Attachment, Schedule or Exhibit hereto
cannot be reasonably construed or interpreted to avoid conflict, the provision
contained in this main body of the Agreement shall prevail. 


          2.3 Each
Party hereby incorporates by reference those provisions of its Tariffs that
govern the provision of any of the services or facilities provided hereunder.
Subject to the terms set forth in Section 20 regarding rates and charges, to
the extent any provision of this Agreement and an applicable Tariff cannot be
reasonably construed or interpreted to avoid conflict, the provision contained
in this Agreement (including without limitation its Attachments, Exhibits and
Schedules) shall prevail. In those instances where the Tariff and the Agreement
address the same subject matter and there is no conflict, the more specific
provisions shall prevail over the more general. The fact that a condition,
right, obligation, or other term appears in this Agreement but not in any such
Tariff or in such Tariff but not in this Agreement, shall not be interpreted
as, or be deemed grounds for finding, a conflict for purposes of this Section
2. 


          2.4 Other
Definitional Provisions. The terms defined in this Agreement include
the plural as well as the singular. Unless otherwise expressly stated, the
words “herein”, “hereof”, “hereunder”, and other words of similar import refer
to this Agreement as a whole. The words “include” and “including” shall not be
construed as terms of limitation. The word “day” or “days” shall mean calendar
day(s) unless otherwise designated. 


	
  

 	
  

 
	
 3.0

 	
 SCOPE

 



          This
Agreement sets forth the terms, conditions and prices under which TCG and Verizon will offer and provide to
each other within each LATA in which the Parties operate in New York Interconnection
of their respective networks and services, as applicable, related to such
Interconnection, for their respective use in providing Telephone Exchange
Services. Additionally, this Agreement sets forth the terms, conditions, and
prices that Verizon will provide within each LATA in which it operates in New
York access to unbundled Network Elements and Resold Services (as defined in
Section 12) and ancillary services related thereto consistent with both
Parties’ rights and obligations to the extent required by Applicable Law. 


          Notwithstanding
any other provision of this Agreement, with respect to Verizon New York, the
scope of this Agreement shall include only the service territory of Verizon 


12







New York’s predecessor company prior to June 30, 2000 (i.e., Bell Atlantic – New York, Inc.).


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


          The
types of Traffic to be exchanged under this Agreement shall be Reciprocal
Compensation Traffic, Internet Traffic, IntraLATA Toll (and InterLATA Toll, as
applicable) Traffic, Tandem Transit Traffic, Meet Point Billing Traffic, and
Ancillary Traffic. Subject to the terms and conditions of this Agreement,
Interconnection of the Parties’ facilities and equipment pursuant to this
Section 4.0 for the transmission and routing of Telephone Exchange Service
traffic and Exchange Access traffic shall be established in accordance with
Sections 4.2 and 4.3 below. 


          4.1 Scope


                    4.1.1 Trunk Types. Section 4 describes the
architecture for Interconnection of the Parties’ facilities and equipment over
which the Parties shall configure the following separate and distinct trunk
groups: 


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Traffic
 Exchange Trunks for the transmission and routing of
 terminating Reciprocal Compensation Traffic, Tandem Transit Traffic,
 translated LEC IntraLATA toll free service access code (e.g., 800/888/877)
 (hereinafter, 8YY) traffic, IntraLATA Toll Traffic, and, where agreed to
 between the Parties and as set forth in Subsection 4.2.10 below, InterLATA
 Toll Traffic between their respective Telephone Exchange Service Customers
 pursuant to Section 251(c)(2) of the Act, and, Internet Traffic, all in
 accordance with Section 5 below;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Access Toll
 Connecting Trunks for the transmission and routing
 of Exchange Access traffic, including translated interLATA 8YY traffic,
 between TCG Telephone Exchange
 Service Customers and purchasers of Switched Exchange Access Service via a
 Verizon access Tandem, pursuant to Section 251(c)(2) of the Act, in
 accordance with Section 6 below; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Untranslated
 8YY Access Toll Connecting Trunks for the
 transmission and routing of untranslated 8YY traffic from TCG Telephone Exchange Service Customers
 to a single Verizon access Tandem as designated by Verizon for translation in
 accordance with Section 6 below;

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Information
 Services Trunks for the transmission and routing of
 terminating Information Services Traffic in accordance with Section 7 below; 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 911/E911
 Trunks for the transmission and routing of
 terminating E911/911 traffic, in accordance with Section 7 below; and

 



13









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Other types
 of trunk groups may be used by the Parties as provided in other Sections of
 this Agreement or in other separate agreements between the Parties (e.g.,
 Directory Assistance Trunks, Operator Services Trunks, BLV/BLVI Trunks).

 



                    4.1.2 Points of Interconnection. As and to
the extent required by Section 251 of the Act, the Parties shall provide
Interconnection of their networks at any technically feasible point (i.e.,
technically feasible POI), as described in Section 4.2. For the purpose of
delivering its originating traffic, TCG will establish at least one POI within
a LATA in which TCG offers local exchange service, and, at TCG’s discretion,
will establish multiple POIs within a LATA.


                    4.1.3 Financial Responsibility. Each Party
is responsible for delivering its Reciprocal Compensation Traffic and Internet
Traffic that is to be terminated by the other Party to the other Party’s
relevant switch. The originating Party will be financially responsible for
providing transport on its side of the other Party’s switch and the terminating
party will be responsible for providing transport on its side of its switch,
and the cost of such transport will be recovered through Reciprocal
Compensation and intercarrier compensation pursuant to the FCC’s Internet
Order, as applicable, under the terms of Section 5.7. To the extent that the
originating Party’s POI is not located at the terminating Party’s relevant
switch, the originating Party will compensate the terminating Party for
transporting its traffic to the terminating Party’s relevant switch in
accordance with this Section 4 and the rates set forth in Exhibit A.


                              4.1.3.1 In
the case of Verizon as the receiving Party for Reciprocal Compensation Traffic
and Internet Traffic delivered by TCG to Verizon, the relevant Verizon-switch
shall be either:


                    (i)
the Verizon Tandem subtended by the terminating End Office serving the Verizon
Customer; or 


                    (ii)
the Verizon End Office serving the Verizon Customer.


                              4.1.3.2 In
the case of TCG as the receiving Party for Reciprocal Compensation Traffic and
Internet Traffic delivered by Verizon to TCG, the relevant TCG switch is the
TCG switch serving the TCG customer. In the event that TCG elects to offer
service within a LATA using a switch location in another LATA, TCG agrees to
provide transport for both Parties’ traffic between the remote TCG switch and a
point (i.e., a facility point of presence) designated by TCG within the LATA in
which TCG offers service. Such facility point of presence shall be deemed to be
the relevant TCG switch for the purposes of this Section 4. 


                    4.1.4 Transition To New Interconnection Arrangements.
For transition to new Interconnection methods made available pursuant to this
Section 4, or for conversion from two-way Traffic Exchange Trunks to one-way
Traffic Exchange Trunks (collectively, “Interconnection Arrangements”), the
Parties may convert such existing affected Interconnection Arrangements in
accordance with the following:


14





                              4.1.4.1 The
Parties will mutually develop a commercially reasonable transition plan for
each LATA that will include, but not be limited to: (1) two-way trunk groups
that the Parties intend to transition to one-way trunk groups, if applicable;
(2) each Party’s plans for implementing new methods of Interconnection pursuant
to this Section 4; and (3) each Party’s POI, including any new POI, if
applicable. The Parties shall agree upon the sequence and timeframes for the
transition of existing Interconnection Arrangements to the new Interconnection
Arrangements and any special ordering and implementation procedures to be used
for such transition. 


                              4.1.4.2 Unless
otherwise agreed to by the Parties as part of the transition plan established
pursuant to Section 4.1.4.1 above, the Party requesting transition to a new
Interconnection Arrangement under this Section 4.1.4 shall pay to the other
Party any applicable charges incurred for services rendered by the other Party
in connection with the conversion from existing Interconnection Arrangements to
the new Interconnection Arrangements available under this Agreement.


                    4.1.5 The Parties will mutually agree upon where one-way Traffic Exchange
Trunks (trunks with traffic going in one direction, including one-way trunks
and uni-directional two-way trunks) and/or two-way Traffic Exchange Trunks
(trunks with traffic going in both directions) will be deployed. To the extent
the Parties agree to deploy one-way trunk groups, the Parties shall configure
separate one-way or two-way (with traffic going in one direction) trunk groups
for those trunk types described in Subsection 4.1.1 above and provision and
maintain such one-way trunk groups in accordance with Section 10 of this
Agreement. The Parties agree that Access Toll Connecting Trunks shall be
two-way trunks. If the Parties have deployed two-way Traffic Exchange Trunks
under the Interconnection arrangements in place on the Effective Date of this
Agreement, then the Parties, as soon as practicable, shall enter into good
faith negotiations to amend this Agreement to provide mutually agreed upon
terms and conditions governing such two-way Traffic Exchange Trunks. Unless
otherwise agreed to by the Parties, if, within sixty (60) days of the Effective
Date of this Agreement, the Parties have not agreed on mutually acceptable
terms and conditions for two-way Traffic Exchange Trunks, either Party may
institute an appropriate proceeding before the Commission to obtain relief.
Until the earlier of such time that the Parties have amended this Agreement to
include terms and conditions governing two-way Traffic Exchange Trunks or such
Traffic Exchange Trunks are no longer deployed, the
Parties shall continue to administer and provision such two-way Traffic Exchange Trunks existing
as of the Effective Date of this Agreement in accordance with the terms and
conditions under which they operate on the Effective Date of this Agreement.
Notwithstanding the foregoing, financial obligations for the transport of
traffic between the Parties shall be governed under Section 4.1.3.


          4.2 Interconnection Methods


                    4.2.1 TCG may specify any of the following methods for its originating traffic
for Interconnection with Verizon:


15






                              4.2.1.1 A
Collocation node TCG has established at a Verizon Wire Center pursuant to
Section 13 of this Agreement; and/or


                              4.2.1.2 A
Collocation node that has been established separately at a Verizon Wire Center
by a third party with whom TCG has contracted for such purposes; and/or


                              4.2.1.3 An
Entrance Facility, where applicable, and transport (and any necessary
multiplexing) leased from Verizon pursuant to the terms of Section 20 and
Exhibit A, Section 1(A)(I)(3), from the TCG POI to the relevant Verizon tandem
or end office; and/or


                              4.2.1.4 Intra-building
Interconnection (utilizing intra-building cable) where both Parties have a
switch or, in the case of TCG, a facility point of presence within a Verizon
Wire Center building under a condominium arrangement between the Parties;
and/or


                              4.2.1.5 To
the extent required by Applicable Law and upon receipt of a written Bona Fide
Request, Verizon will make available to TCG any other technically feasible
method of interconnection.


                    4.2.2 Verizon may specify any of the following methods for its originating
traffic for Interconnection with TCG: 


                              4.2.2.1 Interconnection
at a Collocation node that TCG has established at a Verizon Wire Center
pursuant to Section 13 of this Agreement, subject to reasonable forecasted
capacity requirements of TCG (and, for the
avoidance of any doubt, if such reasonable forecasted capacity requirements
preclude Verizon from interconnecting with TCG at an TCG Collocation node at a
Verizon Wire Center, Verizon may request a space license arrangement at an TCG
premise pursuant to Section 4.2.2.3 below and in accordance with pricing set
forth under Section 20.3 hereof); and/or


                              4.2.2.2 Interconnection
at a Collocation node that has been established separately at a Verizon Wire
Center by a third party and such third party has established facilities between
the Verizon Wire Center and the relevant TCG switch; and/or


                              4.2.2.3 Via
equipment Verizon places at the TCG premises in accordance with rates, terms
and conditions of TCG’s effective Tariff, or if no such Tariff is available, in
accordance with a mutually acceptable written agreement which the Parties shall
promptly negotiate at Verizon’s request. The terms of any such agreement shall
stipulate that it shall remain in effect only until TCG has an effective Tariff
in place. Unless otherwise agreed to by the Parties, if, within thirty (30)
days of the receipt of Verizon’s request for negotiation, the Parties have not
agreed on mutually acceptable rates, terms and conditions, or if at any time during
such 30-day period the Parties shall have ceased to negotiate such rates, terms
and conditions for a continuous period of 


16





fifteen (15)
days, either Party may institute an appropriate proceeding before the
Commission to obtain relief; and/or


                              4.2.2.4 Upon
mutual agreement of the Parties, via equipment placed by a third party at the
relevant TCG switch under separate terms and conditions between TCG and such
third party with whom Verizon has contracted for such purposes; and/or


                              4.2.2.5 An
Entrance Facility, where applicable, and transport (and any necessary
multiplexing) from the Verizon POI to the relevant TCG switch leased from TCG
pursuant to the terms of Section 20 and Exhibit A, Section 2(A)(I)(2); and/or


                              4.2.2.6
Intra-building Interconnection (utilizing intra-building cable) where both
Parties have a switch or, in the case of TCG, a facility point of presence
within a Verizon Wire Center building under a condominium arrangement between
the Parties.


                    4.2.3 Each Party may order from the other Party any of the Interconnection
methods specified above in accordance with the rates and charges, order
intervals and other terms and conditions, set forth in this Agreement, in any
applicable Tariff(s), or as may be otherwise agreed to between the Parties.


                    4.2.4 The publication “Telcordia Technical
Publication GR-342-CORE; High Capacity Digital Special Access Service,
Transmission Parameter Limits and Interface Combination” describes the
specification and interfaces generally utilized by Verizon and is referenced
herein to assist the Parties in meeting their respective Interconnection
responsibilities.


                    4.2.5 If, pursuant to Section 4.1.4, a Party
elects to provision its own one way trunks, that Party will be responsible for
the expense of providing such trunks for the delivery of Reciprocal
Compensation Traffic, Internet Traffic and IntraLATA Toll Traffic to the other
Party’s switch.


                    4.2.6 Intentionally Deleted.


                    4.2.7 In the event the traffic volume between a
receiving Party’s End Office and the originating Party’s POI, which is carried
by a Tandem-routed Meet Point B Traffic Exchange Trunk group, exceeds the CCS
busy hour equivalent of one (1) DS-1 over a one-month study period and/or
200,000 combined minutes of use for a single month the originating Party shall
promptly establish new Meet Point A one-way Traffic Exchange Trunk groups
between the receiving Party’s End Office and the originating Party’s POI. For
purposes of this paragraph, Verizon shall satisfy its End Office trunking
obligations by handing off traffic to the relevant TCG switch. 


                    4.2.8 Upon mutual agreement of the Parties and
where Verizon’s existing billing systems currently support the billing of
Reciprocal Compensation Traffic and Internet Traffic over Feature Group D
trunks carrying Switched Exchange Access Service, TCG may combine its
originating Reciprocal Compensation Traffic, Internet 


17





Traffic and IntraLATA Toll Traffic with Switched Exchange Access
Service traffic on Feature Group D trunks. TCG shall report to Verizon all
factors necessary for proper billing of such combined traffic. Such reporting
requirements are provided in 5.6 of this Agreement.


                    4.2.9 Under any of the architectures and methods
of Interconnection described in this Section 4 and subject to mutual agreement
between the Parties, either Party may utilize the Traffic Exchange Trunks for
the termination of InterLATA Toll Traffic in accordance with the terms
contained in Section 5 and pursuant to the other Party’s Switched Exchange
Access Service Tariffs. The other Party’s Switched Exchange Access Service
rates shall apply to such facilities.


          4.3 Mid-Span Fiber Meets


                    4.3.1 In addition to the foregoing methods of
Interconnection, and subject to mutual agreement of the Parties, the Parties
may agree to establish a Mid-Span Fiber Meet arrangement in accordance with the
terms of this Section 4.3 which may include a SONET backbone with either an
electrical interface at the DS-3 level or an optical interface at the OC-n
level in accordance with the terms of this Section. 


                    4.3.2 The establishment of any Mid-Span Fiber Meet
arrangement is expressly conditioned upon the Parties’ reaching prior agreement
on routing, appropriate sizing and forecasting, equipment, ordering,
provisioning, maintenance, repair, testing, augmentation, and compensation
procedures and arrangements, reasonable distance limitations, the types of
traffic carried via such Mid-Span Fiber Meet arrangement and on any other
arrangements necessary to implement the Mid-Span Fiber Meet arrangement.


          4.4 Other
Interconnection Methods


               In
addition to the interconnection methods already set forth in this Section 4,
the Parties may agree to other interconnection methods, and in addition, the
Parties shall interconnect via other interconnection methods, if any, that are
required under Applicable Law. 


          4.5
Interconnection in Additional LATAs 


                    4.5.1 If TCG determines to offer Telephone
Exchange Services and to interconnect with Verizon in any LATA in which Verizon
also offers Telephone Exchange Services and in which the Parties are not
already interconnected pursuant to this Agreement, TCG shall provide written
notice to Verizon of the need to establish Interconnection in such LATA
pursuant to this Agreement.


                    4.5.2 The notice provided in Section 4.5.1 shall
include (a) the initial Rating Point(s) TCG has designated in the new LATA; (b)
the relevant TCG switch(es) to be established in the relevant LATA in
accordance with this Agreement; (c) TCG’s intended Interconnection activation
date and (d) a forecast of TCG’s trunking requirements conforming to Section
10.3. Within ten (10) business days of Verizon’s receipt of TCG’s notice
provided for in Section 4.5.1, Verizon and TCG shall confirm the 


18





Verizon switch(es), the TCG switch(es) and the Interconnection
activation date for the new LATA.


                    4.5.3 The Interconnection activation date in a new
LATA shall be mutually agreed to by the Parties after receipt by Verizon of all
necessary information. Unless otherwise agreed to by the Parties, such
Interconnection activation date shall not be earlier than sixty (60) days, and
not later than one hundred eighty (180) days, after receipt by Verizon of all
necessary information. This subsection 4.5.3 shall not apply to Mid-Span Fiber
Meet arrangements set forth in Section 4.3. 


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


          5.1 Scope of Traffic


          Section
5 prescribes parameters for trunk groups (the “Traffic Exchange Trunks”) used
for Interconnection pursuant to Section 4 for the transmission and routing of
Reciprocal Compensation Traffic, Internet Traffic, Transit Traffic, translated
LEC IntraLATA 8YY Traffic, InterLATA Toll Traffic (to the extent applicable),
and IntraLATA Toll Traffic between the Parties’ respective Telephone Exchange
Service Customers.


          5.2 Trunk Group Connections and Ordering


                    5.2.1
Traffic
Exchange Trunk group connections will be made at a DS-1 or DS-3 level. Higher
speed connections shall be made, when and where available, in accordance with
the Joint Implementation and Grooming Process prescribed in Section 10. When
Traffic Exchange Trunks are terminated using a DS-3 interface facility at a
Verizon Wire Center location, TCG shall order the DS-3 to DS-1 multiplexing at
such Verizon Wire Center location, provided however, that TCG has provided
Verizon with timely notice of its forecasted DS-3 multiplexing requirements.


                    5.2.2 Each Party will identify its Carrier Identification Code, a three or four
digit numeric obtained from Telecordia, to the other Party when ordering a
trunk group.


                    5.2.3 Unless mutually agreed to by both
Parties, each Party will outpulse ten (10) digits to the other Party. The
Parties shall use GR-394-CORE format for IXC-bound calls and use GR-317-CORE
format for LEC-bound calls.


                    5.2.4 Each Party will use commercially
reasonable efforts to monitor its trunk groups and to augment those groups
using generally accepted trunk engineering standards so as to not exceed
blocking objectives. Each Party agrees to use modular trunk engineering
techniques for trunks subject to this Agreement, with the exception of (a)
E911/911 trunks; (b) BLV/BLVI trunks; and any other trunk types as mutually
agreed to by the Parties.


          5.3 Additional Switching System Hierarchy and Trunking
Requirements


19





          For
purposes of routing traffic to the other Party, both Parties agree to use the
Local Exchange Routing Guide (LERG). 


          5.4 Signaling


          Each
Party will provide the other Party with signaling necessary for the routing and
completion of the other Party’s traffic in accordance with the provisions
contained in Section 17 below.


          5.5 Grades of Service


          Each
Party shall engineer and shall monitor and service all trunk groups under its
control consistent with the Joint Implementation and Grooming Process as set
forth in Section 10. 


          5.6 Measurement and Billing (excluding Meet Point
Billing)


                    5.6.1 Terms and Conditions for Meet Point Billing are addressed in Section 6
only.


                    5.6.2 Intentionally Deleted.


                    5.6.3 Bills will be provided by each Party on a monthly basis and shall
include: (a) all non-usage sensitive charges incurred for the period beginning
with the current bill date and extending up to, but not including, the next
bill date, (b) any known unbilled non-usage sensitive charges for prior
periods, (c) unbilled usage sensitive charges for the period beginning with the
last bill date and extending up to, but not including, the current bill date,
(d) any known unbilled usage sensitive charges for prior periods, and (e) any
known unbilled adjustments. Each bill shall set forth the quantity and
description of each such Unbundled Network Element, Combination,
Interconnection, Reciprocal Compensation Charges, or Resold Service. A CSR
(Customer Service Record) will automatically be included with each monthly Verizon
bill for each applicable Billing Account Number (BAN). The CSR is an inventory
of recurring network elements and/or Resold Services provided to the CLEC and,
in addition to other information, includes for each such recurring network
element and/or Resold Service the quantity, the Universal Service Order Code
(USOC), description and monthly recurring charge.


                    5.6.4 The Bill Date, as defined in Schedule 5.6,
must be present on each bill transmitted by the billing Party. 


                    5.6.5 Each Party shall provide the other Party at
no additional charge applicable contact numbers for the handling of any billing
questions or problems that may arise during the implementation and performance
of the terms and conditions of this Section and Schedule 5.6.


                    5.6.6 For billing purposes, each Party shall pass
Calling Party Number (“CPN”) information on each call carried over the Traffic
Exchange Trunks.


20





                              5.6.6.1 If
the originating Party passes CPN on ninety percent (90%) or more of its calls,
the receiving Party shall bill the originating Party the Reciprocal
Compensation Traffic termination rates, Internet Traffic rates, intrastate
Switched Exchange Access Service rates, intrastate/interstate Transit Traffic
rates, or interstate Switched Exchange Access Service rates applicable to each
relevant minute of traffic, as provided in Exhibit A and applicable Tariffs,
for which CPN is passed. For the remaining (up to ten percent (10%)) calls without
CPN information, the receiving Party shall bill the originating Party for such
traffic at Reciprocal Compensation Traffic termination rates, Internet Traffic
rates, intrastate Switched Exchange Access Service rates, intrastate/interstate
Transit Traffic rates, or interstate Switched Exchange Access Service rates
applicable to each relevant minute of traffic, as provided in Exhibit A and
applicable Tariffs, in direct proportion to the minutes of use of calls passed
with CPN information. 


                              5.6.6.2 Except
as provided in Section 5.6.6.3 below, if the originating Party passes CPN on
less than ninety percent (90%) of its calls, the receiving Party shall bill the
higher of its intrastate Switched Exchange Access Service rates or its
interstate Switched Exchange Access Service rates for that traffic except
Internet Traffic passed without CPN which exceeds ten percent (10%), unless the
Parties mutually agree that such other rates should apply to such traffic. For
any remaining (up to ten percent (10%)) calls without CPN information, the
receiving Party shall bill the originating Party for such traffic at Reciprocal
Compensation Traffic termination rates, Internet Traffic rates, intrastate
Switched Exchange Access Service rates, intrastate/interstate Transit Traffic
rates, or interstate Switched Exchange Access Service rates applicable to each
relevant minute of traffic, as provided in Exhibit A and applicable Tariffs, in
direct proportion to the minutes of use of calls passed with CPN information.


                              5.6.6.3 If the originating Party passes CPN
on less than ninety percent (90%) of its calls, the originating Party must
provide a reasonable explanation for the missing CPN information. As long as
the originating Party provides a reasonable explanation to the receiving Party
of why CPN is not supplied for any of its calls, then the originating Party may
request that the Parties negotiate a reasonable estimate (“Surrogate CPN
Percentage”) to apply to the affected calls, based upon historical CPN
information. The Surrogate CPN Percentage shall remain in effect for no longer
than sixty (60) days, unless otherwise mutually agreed to by the Parties.


                    5.6.7 At such time as a receiving Party has the capability, on an automated
basis, to use such CPN information to classify traffic delivered by the other
Party as either Reciprocal Compensation Traffic, Internet Traffic or Toll
Traffic, such receiving Party shall bill the originating Party the Reciprocal
Compensation Traffic termination rates, Internet Traffic rates, intrastate
Switched Exchange Access Service rates, or interstate Switched Exchange Access
Service rates applicable to each relevant minute of Traffic for which CPN is
passed, as provided in Exhibit A and applicable Tariffs. If the receiving Party
lacks the capability to use CPN information to classify, on an automated basis,
traffic delivered by the other Party as either Reciprocal Compensation Traffic,
Internet Traffic or Toll Traffic, the originating Party will supply an
auditable Percent Local Use (“PLU”) and Percent Interstate Use (“PIU”) factor
on a 


21





quarterly basis, based on the previous three months’ traffic, and
applicable to the following three months. The PIU and PLU factors applicable upon
the Effective Date are specified in Schedule 5.6.7. Such factors may be updated
by the originating Party quarterly by written notification. 


                    5.6.8
Measurement of billing minutes for purposes of determining terminating
compensation shall be in conversation seconds. Measurement of billing minutes
for originating toll free service access code (e.g., 8YY) calls shall be in
accordance with applicable tariffs.


          5.7 Reciprocal Compensation Arrangements Under Section
251(b)(5) and Intercarrier Compensation Arrangements


                    5.7.1 Reciprocal
Compensation arrangements address the transport and termination of Reciprocal
Compensation Traffic over the terminating carrier’s switch in accordance with
Section 251 (b)(5) of the Act. Verizon’s delivery of Reciprocal Compensation
Traffic to TCG that originates with a third party carrier is addressed in
Section 7.2. Intercarrier compensation arrangements address the transport and
delivery of Internet Traffic that is compensable pursuant to the FCC Internet
Order. Compensation for the transport and termination of traffic not
specifically addressed in this Section 5.7 shall be as provided elsewhere in
this Agreement, or, if not so provided, as required by the Tariffs of the Party
transporting and/or terminating the traffic. 


                    5.7.2 Nothing
in this Agreement shall be construed to limit either Party’s ability to
designate the areas within which that Party’s Customers may make calls which
that Party rates as “local” in its Customer Tariffs.


                    5.7.3 The
Parties shall compensate each other for the transport and termination of
Reciprocal Compensation Traffic at the rates specified in the Detailed Schedule
of Itemized Charges (Exhibit A hereto), as may be amended from time to time in
accordance with Exhibit A and Section 20 or, if not set forth therein, in the
applicable Tariff(s) of the terminating Party, as the case may be. Except as
expressly specified in this Agreement, no additional charges, including port or
transport charges, shall apply for the termination of Reciprocal Compensation
Traffic delivered to the Verizon switch or the TCG switch by the other Party.
When Reciprocal Compensation Traffic is terminated over the same trunks as Toll
Traffic, any port or transport or other applicable access charges related to
the delivery of Toll Traffic shall be prorated to be applied only to the Toll
Traffic. 


                              5.7.3.1 TCG will pay Verizon for
termination of Reciprocal Compensation Traffic at the Tandem Office (Meet Point
B) rate (including both transport and End Office termination) for Reciprocal
Compensation Traffic TCG delivers to Verizon at Verizon’s Tandem. TCG will pay
Verizon for termination of Reciprocal Compensation Traffic at the End Office
(Meet Point A) rate for Reciprocal Compensation Traffic TCG delivers to Verizon
at Verizon’s End Office. Verizon will pay TCG the Tandem Office (Meet Point B)
rate for Reciprocal Compensation Traffic Verizon delivers to TCG.


22





                    5.7.4 No
Reciprocal Compensation shall apply to Internet Traffic. The determination of
whether traffic is Reciprocal Compensation Traffic or Internet Traffic shall be
performed in accordance with Paragraphs 8 and 79, and other applicable
provisions, of the FCC Internet Order (including, but not limited to, in
accordance with the rebuttable presumption established by the FCC Internet
Order that traffic delivered to a carrier that exceeds a 3:1 ratio of
terminating to originating traffic is Internet Traffic, and in accordance with
the process established by the FCC Internet Order for rebutting such
presumption before the Commission). Notwithstanding any other provision of the
Agreement (but subject to the change of law provisions of this Agreement), Reciprocal
Compensation Traffic does not include any Internet Traffic. Notwithstanding any
other provision of this Agreement, the Parties’ rights and obligations with
respect to any intercarrier compensation that may be due in connection with
their exchange of Internet Traffic shall be governed by the FCC Internet Order;
as a convenience to the Parties, the rates for the exchange of Internet Traffic
that is compensable pursuant to the FCC Internet Order are set out in Exhibit
A.


                    5.7.5 Transport
and termination of the following types of traffic shall not be subject to the
Reciprocal Compensation arrangements set forth in this Section 5.7, but instead
shall be treated as described or referenced below:


                              5.7.5.1 No
Reciprocal Compensation shall apply to special access, private line, or any
other traffic that is not switched by the terminating Party.


                              5.7.5.2 IntraLATA
intrastate alternate-billed calls (e.g., collect, calling card, and third-party
billed calls originated or authorized by the Parties’ respective Customers in
New York) shall be treated in accordance with an arrangement mutually agreed to
by the Parties.


                              5.7.5.3 Switched
Exchange Access Service and InterLATA Toll shall continue to be governed by the
applicable federal and state Tariffs and, where applicable, by a Meet-Point
Billing arrangement in accordance with Section 6.3. IntraLATA Toll Traffic
shall be governed by Applicable Law.


                                        5.7.5.3.1 The
originating Party will receive a credit for Reciprocal Compensation in those
instances:


	
  

 	
  

 	
  

 
	
  

 	
 (i)

 	
 where
 IntraLATA 8YY Toll Traffic calls are translated by the originating Party
 prior to delivery by that Party of such traffic to the terminating Party, and
 

 
	
  

 	
  

 	
  

 
	
  

 	
 (ii)

 	
 where the
 terminating Party bills the originating Party Reciprocal Compensation in
 error for such IntraLATA 8YY Toll Traffic; and

 



23









	
  

 	
  

 	
  

 
	
  

 	
 (iii)

 	
 where the
 originating Party provides appropriate records to the terminating Party to
 substantiate each request for credit.

 



As soon as
practicable, subsequent to the Effective Date of this Agreement, the Parties
shall negotiate a mutually acceptable settlement process for Reciprocal
Compensation credits in accordance with this Section 5.7.5.3.1.


                    5.7.6 Each Party reserves the right to
audit all Traffic, up to a maximum of two audits per calendar year, to ensure
that proper rates are being applied appropriately, provided, however, that
either Party shall have the right to conduct additional audit(s) if the
preceding audit disclosed material errors or discrepancies. Each Party agrees
to provide the necessary Traffic data in conjunction with any such audit in a
timely manner. Except as otherwise provided herein, audits shall be conducted
pursuant to Section 28.10. 


          5.8 Customer Usage Detail 


                    5.8.1 Verizon will provide Customer Usage
Detail Information originating from TCG customers using certain Verizon Network
Elements or Verizon Telecommunications Services with no rounding of billable
time on unrated usage to full minutes. Customer Usage Detail Information
generally includes, but is not limited to, the following categories of
information where Verizon currently records such data in the ordinary course of
its business: (i) completed calls, including 800 calls and alternately billed
calls; (ii) calls to directory assistance; and (iii) calls to and completed by
Operator Services where Verizon provides such service to an TCG Customer.


                    5.8.2 These records shall be transmitted to
the other Party daily, Monday through Friday, except holidays observed by
either Party’s data centers. These records shall be transmitted in EMI format
via Connect:Direct, provided however that if TCG and Verizon do not have
Connect:Direct capabilities, such records shall be transmitted as the parties
agree. Verizon and TCG agree that they will retain, at each party’s sole
expense, copies of all EMI records transmitted to the other party for at least
seven (7) calendar days after transmission to the other party.


                    5.8.3 Each Party will provide the other
Party with EMI records formatted in accordance with EMI industry standard
guidelines adopted by and contained in the Ordering and Billing Forum’s MECAB
and MECOD documents.


                              5.8.3.1 Until (and so long
as) Verizon implements the Ordering and Billing Forum’s solutions and
recommendations, in place on December 5, 2001, for providing operating company
numbers (“OCNs”) (i.e., OBF Issues 1921 and 2139), Verizon shall be liable to
TCG for TCG’s uncollectibles to the extent that they are caused by Verizon’s
own failure to provide to TCG accurate information (pursuant to the OBF Billing
Committee resolutions to OBF Issues 1921 and 2139) TCG needs to bill third
party carriers. Verizon shall satisfy any such obligation by paying amounts 


24





submitted by
TCG to Verizon, pursuant to the billing and payment terms of Section 28.9, that
accurately reflect the amount of such uncollectibles.


6.0 TRANSMISSION AND ROUTING OF EXCHANGE
ACCESS TRAFFIC PURSUANT TO 251(C)(2)


          6.1 Scope of Traffic


          Section
6 prescribes parameters for certain trunks to be established over the
Interconnections specified in Section 4 for the transmission and routing of
traffic between TCG Telephone Exchange Service Customers and Interexchange
Carriers (“Access Toll Connecting Trunks”), in any case where TCG elects to
have its End Office Switch subtend a Verizon Tandem. This includes
casually-dialed (10XXX and 101XXXX) traffic. 


          6.2 Trunk Group Architecture and Traffic Routing


                    6.2.1 TCG shall establish Access Toll
Connecting Trunks pursuant to applicable access tariffs by which it will
provide tandem-transported Switched Exchange Access Services to Interexchange
Carriers to enable such Interexchange Carriers to originate and terminate
traffic to and from TCG’s Customers.


                    6.2.2 Access Toll Connecting Trunks shall
be used solely for the transmission and routing of Exchange Access to allow
TCG’s Customers to connect to or be connected to the interexchange trunks of
any Interexchange Carrier which is connected to a Verizon access tandem. 


                    6.2.3 Except as provided in Section 6.2.5,
the Access Toll Connecting Trunks shall be two-way trunks. Such trunks shall
connect the End Office TCG utilizes to provide Telephone Exchange Service and
Switched Exchange Access to its Customers in a given LATA to the Tandem Verizon
utilizes to provide Exchange Access in such LATA. 


                    6.2.4 If TCG chooses to subtend a Verizon
access Tandem, then TCG’s NPA/NXX must be assigned by TCG to subtend the same
Verizon access Tandem that a Verizon NPA/NXX serving the same Rate Center
subtends as identified in the LERG.


                    6.2.5 The Untranslated 8YY Access Toll
Connecting Trunks will be established by TCG as a one-way trunk to enable TCG
to deliver untranslated 8YY traffic to Verizon’s designated access Tandem in
the LATA.


          6.3 Meet Point Billing Arrangements


                    6.3.1 TCG and Verizon will establish
Meet-Point Billing (“MPB”) arrangements in order to provide a common transport
option to Switched Exchange Access Services Customers via a Verizon access
Tandem Switch in accordance with the Meet-Point Billing guidelines contained in
the OBF’s MECAB and MECOD documents, except as modified herein, and Verizon’s
applicable Tariffs. The arrangements described 


25





in this
Section 6 are intended to be used to provide Switched Exchange Access Service
that originates and/or terminates on Telephone Exchange Service that is
provided by either Party, where the transport component of the Switched
Exchange Access Service is routed through a Tandem Switch that is provided by
Verizon. 


                    6.3.2 In each LATA, the Parties shall
establish MPB arrangements between the applicable Rating Point/Verizon serving
Wire Center combinations. 


                    6.3.3 Interconnection for the MPB
arrangement shall occur at the Verizon access tandems in the LATA, unless
otherwise agreed to by the Parties or unless as otherwise required by
Applicable Law. 


                    6.3.4 TCG and Verizon will use reasonable
efforts, individually and collectively, to maintain provisions in their
respective state access Tariffs, and/or provisions within the National Exchange
Carrier Association (“NECA”) Tariff No. 4, or any successor Tariff sufficient
to reflect the MPB arrangements established pursuant to this Agreement. 


                    6.3.5 In general, there are four
alternative Meet-Point Billing arrangements possible, which are: Single
Bill/Single Tariff, Multiple Bill/Single Tariff, Multiple Bill/Multiple Tariff
and Single Bill/Multiple Tariff, as outlined in the OBF MECAB Guidelines. Each
Party shall implement the Multiple Bill/Single Tariff or Multiple Bill/Multiple
Tariff option, as appropriate, in order to bill an IXC for the portion of the
jointly provided Telecommunications Service provided by that Party. Alternatively,
in former Bell Atlantic service areas, upon agreement of the Parties, each
Party may use the New York State Access Pool on its behalf to implement Single
Bill/Multiple Tariff or Single Bill/Single Tariff option, as appropriate, in
order to bill an IXC for the portion of the jointly provided telecommunications
service provided by each Party.


                    6.3.6 The rate elements to be billed by
each Party shall be as set forth in that Party’s applicable Tariffs. The actual
rate values for each Party’s affected Switched Exchange Access Service rate
element shall be the rates contained in that Party’s own effective federal and
state access Tariffs, or other document that contains the terms under which
that Party’s access services are offered. The MPB billing percentages for each
Routing Point/Verizon serving Wire Center combination shall be calculated in
accordance with the formula set forth in Section 6.3.15. 


                    6.3.7 Each Party shall provide the other
Party with the billing name, billing address, and Carrier Identification Code
(“CIC”) of the IXC, and identification of the IXC’s serving Wire Center in
order to comply with the MPB notification process as outlined in the MECAB
document via facsimile or such other media as the Parties may agree to. If
either Party does not initially record sufficient bill detail for any IXC
traffic that will utilize a portion of its network in an TCG/Verizon MPB
arrangement, and for whom either Party must supply to the other MPB billing
information, each Party agrees that it will assist the other Party in resolving
these billing matters to allow that Party to obtain reimbursement from the IXC
by providing as much billing detail as is available to 


26





the other
Party, and by participating in any studies or discussions required to obtain
supporting detail.


                    6.3.8 Verizon shall provide TCG with the
Switched Access Detail Usage Data (EMI category 1101XX records) on magnetic
tape or via such other media as the Parties may agree to, no later than ten
(10) business days after the date the usage occurred. 


                    6.3.9 TCG shall provide Verizon with the
Switched Access Summary Usage Data (EMI category 1150XX records) on magnetic
tape or via such other media as the Parties may agree, no later than ten (10)
business days after the date of its rendering of the bill to the relevant IXC,
which bill shall be rendered no less frequently than monthly. 


                    6.3.10 All usage data to be provided
pursuant to Subsections 6.3.8 and 6.3.9 above shall be sent to the following
addresses:


	
  

 	
 To TCG:



 	
  

 
	
  

 	
  

 	
 New York
 Access Billing c/o ACM Inc.

 
	
  

 	
  

 	
 120 Erie
 Blvd.

 
	
  

 	
  

 	
 Schenectady,
 NY 12305

 
	
  

 	
  

 	
 Phone: (518)
 374 -5720

 
	
  

 	
  

 	
  

 
	
  

 	
 To Verizon:



 	
  

 
	
  

 	
  

 	
 New York
 Access Billing c/o ACM Inc.

 
	
  

 	
  

 	
 120 Erie
 Blvd.

 
	
  

 	
  

 	
 Schenectady,
 NY 12305

 
	
  

 	
  

 	
 ATTN: Mark
 Ferri

 
	
  

 	
  

 	
 Facsimile: (518) 374-7511

 



Either Party
may change its address for receiving usage data by notifying the other Party in
writing pursuant to Section 28.12.


                    6.3.11 Each Party shall coordinate and
exchange the billing account reference (“BAR”) and billing account cross
reference (“BACR”) numbers or Operating Company Number (“OCN”), as appropriate,
for the MPB arrangements described in this Section 6. Each Party shall notify
the other if the level of billing or other BAR/BACR elements change, resulting
in a new BAR/BACR number, or if the OCN changes. 


                    6.3.12 Each Party agrees to provide the
other Party with notification of any errors it discovers in MPB data within 30
calendar days of the receipt of the original data. The other party shall
attempt to correct the error and resubmit the data within ten (10) business
days of the notification. In the event the errors cannot be corrected within
such ten (10) business day period, the erroneous data will be considered lost.
In the event of a loss of data, whether due to uncorrectable errors or
otherwise, both Parties shall cooperate to reconstruct the lost data and, if
such reconstruction is not possible, the 


27






Parties shall
mutually agree to a reasonable estimate of the lost data based upon prior usage
data, and a payment based on such estimated amount shall be made.


                    6.3.13 Either Party may request a review or
audit of the various components of access recording up to a maximum of two (2)
audits per calendar year. All costs associated with each review and audit shall
be borne by the requesting Party. Such review or audit shall be conducted
subject to Section 28.10 of this Agreement and during regular business hours. A
Party may conduct additional audits, at its expense, upon the other Party’s
consent, which consent shall not be unreasonably withheld.


                    6.3.14 Except as may otherwise be set forth
in Section 6.3.12 above, nothing contained in this Section 6.3 shall
create any liability for damages, losses, claims, costs, injuries, expenses or
other liabilities whatsoever on the part of either Party (other than as may be
set forth in MECAB or in any applicable Tariff subject to the limitations on
liability set forth in this Agreement). 


                    6.3.15 MPB will apply for all traffic
bearing the 500, 900, toll free service access code (e.g., 800/888/877) (to the
extent provided by an IXC) or any other non-geographic NPA which may be
designated for such traffic in the future. In the event TCG determines to offer
Telephone Exchange Services in another LATA in New York in which Verizon
operates an access Tandem Switch, Verizon shall permit and enable TCG to
subtend the Verizon access Tandem Switch(es) designated for the Verizon End
Offices in the area where the TCG Rating Point(s) associated with the
NPA-NXX(s) to/from which the Switched Exchange Access Services are homed. The
MPB billing percentages for each Routing Point/Verizon Serving Wire Center
combination shall be calculated according to the following formula:


	
  

 	
  

 	
  

 
	
  

 	
 a / (a + b)
 = TCG Billing Percentage

 	
  

 
	
  

 	
 and

 	
  

 
	
  

 	
 b / (a + b)
 = Verizon Billing Percentage

 	
  

 



                              where:


                              a
= the airline mileage between the TCG Routing Point and the actual point of
interconnection for the MPB arrangement; and


                              b
= the airline mileage between the Verizon serving Wire Center and the actual
point of interconnection for the MPB arrangement. 


          By
way of illustration, when TCG provides all the transport facilities in a MPB
arrangement between the TCG End Office and the relevant Verizon access Tandem
Switch, TCG will bill the IXC for 100% of such transport; similarly, when
Verizon provides all the transport facilities in a MPB arrangement between the
TCG End Office and the relevant Verizon access Tandem Switch, Verizon will bill
the IXC for 100% of such transport.


                    6.3.16 TCG shall inform Verizon of each LATA in which it intends to offer
Telephone Exchange Services and its calculation of the billing percentages which


28






should apply for such arrangement. Within ten (10) business days of TCG’s
delivery of notice to Verizon, Verizon and TCG shall confirm the Routing Point/Verizon
serving Wire Center combination and billing percentages.


          6.4 Toll Free Service Access Code (e.g., 800/888/877) Traffic


          The
following terms shall apply when either Party delivers toll free service access
code (8YY) calls to the other Party for completion. For the purposes of this
Section 6, the terms “translated” and “untranslated” refer to those toll free
service access code calls that have been queried (“translated”) or have not
been queried (“untranslated”) to an 8YY database.


                    6.4.1 When TCG delivers translated 8YY calls to Verizon for
completion


                    (a) to an IXC, TCG shall:


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (i)

 	
 provide an
 appropriate MPB record in EMI format to Verizon for processing and Meet Point
 Billing in accordance with Section 6.3 above; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (ii)

 	
 bill the IXC
 the appropriate TCG query charge associated with the call.

 



                    (b)
as an IntraLATA call to Verizon or another LEC that is a toll free service
access code service provider in the LATA:


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (i)

 	
 TCG shall
 provide an appropriate copy record in EMI format to the toll free service
 access code service provider; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (ii)

 	
 TCG shall
 assess to the toll free service access code service provider TCG’s Tariffed
 Feature Group D (“FGD”) Switched Exchange Access or Reciprocal Compensation
 charges, in accordance with Applicable Law, and the TCG query charge; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (iii)

 	
 In the case
 of such call to another LEC, Verizon shall assess applicable Transient Tandem
 Service charges and associated passthrough charges to TCG.

 



                    6.4.2 When
Verizon delivers translated 8YY calls originated by Verizon’s or another LEC’s
Customers to TCG for completion and when Verizon performs the query and where
the queried call is an IntraLATA call handed off to TCG in its capacity as a
toll free service access code service provider,


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (i)

 	
 Verizon
 shall bill TCG the Verizon query charge associated with the call as specified
 in Exhibit A; and

 



29









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (ii)

 	
 Verizon
 shall provide an appropriate EMI record to TCG; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (iii)

 	
 Verizon
 shall bill TCG Verizon’s Intrastate Tariffed FGD Switched Exchange Access
 charges or Reciprocal Compensation charges, in accordance with Applicable
 Law.

 



                    6.4.3 When TCG delivers untranslated 8YY calls originated by TCG’s Customers to
Verizon for completion to an IXC:


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (i)

 	
 Verizon will
 query the call and route the call to the appropriate IXC; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (ii)

 	
 Verizon
 shall provide an appropriate EMI record to TCG to facilitate billing to the
 IXC; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (iii)

 	
 Verizon
 shall bill the IXC the Verizon query charge associated with the call and any
 other applicable charges.

 



                    6.4.4 When the untranslated 8YY call is an IntraLATA call routed to Verizon or
another LEC that is a toll free service access code service provider in the
LATA:


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (i)

 	
 Verizon will
 query the call and route the call to the appropriate LEC toll free service
 access code service provider; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (ii)

 	
 Verizon
 shall provide an appropriate EMI record to TCG to facilitate billing to the
 LEC toll free service access code service provider; and

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 (iii)

 	
 Verizon
 shall bill the LEC toll free service access code service provider the query
 charge associated with the call and any other applicable Verizon charges.

 



                    6.4.5 Verizon will query untranslated toll free service access code calls
before routing resulting translated calls to TCG.


7.0 TRANSPORT
AND TERMINATION OF OTHER TYPES OF TRAFFIC 


          7.1
Information Services Traffic


          For
purposes of this Agreement, information services and Information Services
Traffic refer to switched voice traffic, delivered to information service
providers who offer recorded voice announcement information or open vocal
discussion programs to the general public. Information Services Traffic does
not include Internet Traffic. Information Services Traffic also does not
include 555 traffic or similar traffic with AIN


30







service
interfaces, which traffic shall be subject to separate arrangements between the
Parties. 


          The
following provisions shall apply only to TCG-originated Information Services
Traffic directed to an information service platform connected to Verizon’s
network. At such time as TCG connects information services platforms to its
network, the Parties shall agree upon a comparable arrangement for
Verizon-originated Information Services Traffic. 


                    7.1.1
TCG shall have the option to route Information
Services Traffic that originates on its own network to the appropriate
information services platform(s) connected to Verizon’s network. In the event
TCG exercises such option, TCG will establish dedicated Information Services
Trunk(s) to the Verizon information services serving switch. Such Information
Services Trunk(s) will be utilized to allow TCG to route Information Service
Traffic originated on its network to Verizon. 


          Where
TCG serves a Customer through the purchase of a Verizon unbundled Local
Switching Element, Information Service Traffic from that Customer may be routed
over Verizon information service trunks on a shared basis. 


                    7.1.2
Nothing in this Agreement shall restrict, obviate, or
otherwise affect either Party’s rights or obligations, if any, under Applicable
Law, to offer to its Telephone Exchange Service Customers the ability to block
the completion of Information Services Traffic.


                    7.1.3
For fixed rated Information Services Traffic (i.e. 976
service in NY), TCG shall bill and collect the information services provider
charges as stated in Verizon’s applicable retail Tariff, as may be amended from
time to time, from its Customers. Verizon will bill TCG for such charges less the
Billing and Collection Fee set forth in Exhibit A. TCG shall pay Verizon such
charges in full regardless of whether or not it collects charges for such calls
from its own Customers. Upon request from Verizon, TCG shall provide Verizon
with recorded call information for specified Information Services Traffic calls
which TCG shall provide in unrated EMI format via electronic file transfer or
other medium mutually agreed to by the Parties. Verizon shall pay TCG the
Customer Usage Detail charges specified in Exhibit A for such call information.
This subsection shall apply to fixed rate Information Services Traffic
regardless of whether TCG serves its Customer utilizing its own switching
facilities or through the provision by Verizon of unbundled Local Switching.


                    7.1.4
For variable rated Information Services Traffic (e.g., NXX 550, 540, 976, 970,
940 as applicable), TCG shall bill and collect information services provider
charges from its Customers. The Parties shall exchange call detail information
and handle adjustments, according to the terms set forth in Schedule 7.1.4.
Prior to accessing the variable-rated services, TCG shall complete acceptance
testing of its billing process with Verizon. Verizon shall charge TCG Customer
Usage Detail rates as specified in Exhibit A.


31





                    7.1.5
Verizon shall accept no more than two (2) adjustments
per originating end user line number from TCG for Information Services Traffic
originated by TCG Customers. In order for Verizon to pass through
uncollectibles and other Customer adjustments to the appropriate information
services provider, TCG shall provide to Verizon sufficient information
regarding such uncollectibles and other Customer adjustments.


          7.2
Transient Tandem Service 


                    7.2.1
TCG may purchase Transient Tandem Service from Verizon
to the extent that Verizon makes such service available under its tariffs and,
in such case, in accordance with the rates, terms and conditions of such
tariffs (it being agreed by the Parties that, as of June 24, 2002, Verizon
makes available Transient Tandem Service in accordance with the rates, terms
and conditions set forth in Verizon’s PSC NY No. 8 Tariff).


          7.3
911/E911 Arrangements 


                    7.3.1
TCG may, at its option, interconnect to the Verizon
911/E911 selective router or 911 Tandem Offices, as appropriate, that serve the
areas in which TCG provides Telephone Exchange Services, for the provision of
911/E911 services and for access to all subtending Public Safety Answering
Points (“PSAP”). In such situations, Verizon will provide TCG with the
appropriate CLLI codes and specifications of the Tandem Office serving area. In
areas where E911 is not available, TCG and Verizon will negotiate arrangements
to connect TCG to the 911 service in accordance with applicable state law.


                    7.3.2
Path and route diverse Interconnections for 911/E911
shall be made at the TCG switch(es), the Verizon switch(es), or other points as
necessary and mutually agreed, and as required by law or regulation.


                    7.3.3
Within thirty (30) days of its receipt of a request
from TCG and to the extent authorized by the relevant federal, state, and local
authorities, Verizon will provide TCG with the following at no charge: 


                    (a)
a file via electronic medium containing the Master Street Address Guide
(“MSAG”) for each county within the LATA(s) where TCG is providing, or
represents to Verizon that it intends to provide within sixty (60) days of
TCG’s request, local exchange service, which MSAG shall be updated as the need
arises and a complete copy of which shall be made available on an annual basis;



                    (b)
a list of the address and CLLI code of each 911/E911 selective router or 911
Tandem office(s) in the area in which TCG plans to offer Telephone Exchange
Service; 


                    (c)
a list of geographical areas, e.g., LATAs, counties or municipalities, with the
associated 911 tandems, as applicable. 


32





                    (d)
a list of Verizon personnel who currently have responsibility for 911/E911
requirements, including a list of escalation contacts should the primary
contacts be unavailable. 


                    (e)
any special 911 trunking requirements for each 911/E911 selective router or 911
Tandem Office; 


                    (f)
prompt return of any TCG 911/E911 data entry files containing errors, so that
TCG may ensure the accuracy of the Customer records. 


                    7.3.4
TCG shall use, where available, the Private
Switch/Automatic Location Identification (“PS/ALI”) electronic interface
through which TCG shall input and provide a daily update of 911/E911 database
information related to appropriate TCG Customers. In those areas where the PS/ALI
electronic interface is not available, TCG shall provide Verizon with all
appropriate 911/E911 information such as name, address, and telephone number
via facsimile for Verizon’s entry into the 911/E911 database system. Any
911/E911-related data exchanged between the Parties prior to the availability
of an electronic interface shall conform to Verizon standards, whereas
911/E911-related data exchanged electronically shall conform to the National
Emergency Number Association standards. TCG may also use the PS/ALI electronic
interface, where available, to query the 911/E911 database to verify the
accuracy of TCG Customer information.


                    7.3.5
Verizon and TCG will use commercially reasonable
efforts to facilitate the prompt, robust, reliable and efficient
interconnection of TCG systems to the 911/E911 platforms.


                    7.3.6
TCG shall be responsible for providing facilities from
the TCG End Office to the 911 Tandem. TCG shall deploy diverse routing of 911
trunk pairs to the 911 tandem or selective router.


                    7.3.7
The Parties acknowledge that until Local Number
Portability (“LNP”) with full 911/E911 compatibility is utilized for all ported
telephone numbers, the use of Interim Number Portability (“INP”) creates a
special need to have the Automatic Location Identification (“ALI”) screen
reflect two numbers: the “old” number and the “new” number assigned by TCG.
Therefore, for those ported telephone numbers using INP, TCG will provide the
911/E911 database with both the forwarded number and the directory number, as
well as all other required information including the appropriate address
information for the customer for entry into the 911/E911 database system.
Further, TCG will outpulse the telephone number to which the call has been
forwarded (that is, the Customer’s ANI) to the 911 Tandem office. TCG will
include their NENA five character Company Identification (“COID”) for inclusion
in the ALI display. 


                    7.3.8
TCG is required to enter data into the 911/E911
database under the NENA Standards for LNP. This includes, but is not limited
to, using TCG’s NENA COID to lock and unlock records and the posting of TCG’s
NENA COID to the ALI 


33





record where
such locking and migrating feature for 911/E911 records is available or as
defined by local standards. 


                    7.3.9
Verizon and TCG will work cooperatively to arrange
meetings with PSAPs to answer any technical questions the PSAPs, or county or
municipal coordinators may have regarding the 911/E911 arrangements. 


                    7.3.10
TCG will compensate Verizon for connections to its
911/E911 pursuant to Exhibit A.


                    7.3.11
TCG and Verizon will comply with all applicable rules
and regulations pertaining to the provision of 911/E911 services in New York. 


8.0 NUMBER RESOURCES, RATE CENTERS AND RATING
POINTS 


          8.1
Nothing in this Agreement shall be construed to limit
or otherwise adversely affect in any manner either Party’s right to employ or
to request and be assigned any Central Office (NXX) Codes pursuant to the
Central Office Code Assignment Guidelines, and any relevant FCC or Commission
orders as may be amended from time to time, or to establish, by Tariff or
otherwise, Rate Centers and Rating Points corresponding to such NXX codes. 


          8.2
It shall be the responsibility of each Party to
program and update its own switches and network systems in accordance with the
Local Exchange Routing Guide (“LERG”) in order to recognize and route traffic
to the other Party’s assigned NXX codes at all times. Neither Party shall
impose any fees or charges whatsoever on the other Party for such activities,
except as expressly set forth in this Agreement. The Parties will work
cooperatively to implement NXX code activation in a manner consistent with
industry standards as part of the Joint Grooming Plan process as set forth in
Section 10 of this Agreement.


          8.3
Upon discovering that either Party’s network does not
properly recognize an NXX code assigned to the other Party, the discovering
Party shall notify the other Party. The Party whose network is malfunctioning
will promptly initiate appropriate procedures to locate the source of, and
resolve, the problem. The Parties shall work cooperatively to promptly correct
all causes of the problem so identified. 


          8.4
Unless mandated otherwise by a Commission order, the
Rate Center Areas will be the same for each Party. During the term of this
Agreement, TCG shall adopt the Rate Center Areas and Rate Center Points that
the Commission has approved for Verizon, in all areas where Verizon and TCG service areas overlap, and TCG shall
assign whole NPA-NXX codes to each Rate Center Area unless the LEC industry
adopts alternative methods of utilizing NXXs in the manner adopted by the NANP.



          8.5
TCG will
also designate a Routing Point for each assigned NXX code. TCG shall designate
one location for each Rate Center Area as the Routing Point for the NPA-NXXs
associated with that Area, and such Routing Point shall be within the same LATA
as the Rate Center Area but not necessarily within the Rate Center Area itself.



34






          8.6
Notwithstanding anything to the contrary contained
herein, nothing in this Agreement is intended to, and nothing in this Agreement
shall be construed to, in any way constrain TCG’s choices regarding the size of
the local calling area(s) that TCG may establish for its Customers, which local
calling areas may be larger than, smaller than, or identical to, Verizon’s
local calling areas. 


9.0 NETWORK MAINTENANCE AND MANAGEMENT; OUTAGES 


          9.1 Cooperation 


          The
Parties will work cooperatively to install and maintain a reliable network. TCG
and Verizon will exchange appropriate information (e.g., maintenance contact numbers,
escalation procedures, network information, information required to comply with
law enforcement and other security agencies of the Government) to achieve and
maintain this desired reliability. In addition, the Parties will work
cooperatively to apply sound network management principles to alleviate or to
prevent congestion and to minimize fraud associated with third number billed
calls, calling card calls, and any other services related to this Agreement. 


          9.2
Responsibility for Following Standards 


          Each
Party recognizes a responsibility to follow the standards (including any
standards set forth in this Agreement) agreed to between the Parties and to
employ characteristics and methods of operation that will not interfere with or
impair the service or any facilities of the other or any third parties
connected with or involved directly in the network of the other Party. 


          9.3
Interference or Impairment 


          If
Party A reasonably determines that the characteristics, facility, service or
methods of operation used by Party B will or are likely to materially interfere
with or impair Party A’s provision of services to any individual Customer or
carrier, Party A may, to the limited extent required to address the particular
condition, interrupt or temporarily suspend any service or facilities provided
to Party B that gives rise to or is likely to give rise to such interference or
impairment subject to the following: 


                    9.3.1
Except in emergency situations, Party A shall have
given Party B at least ten (10) days’ prior written notice of the material
interference or impairment or potential material interference or impairment and
the need to correct the condition within said time period;


                    9.3.1a If Party B corrects the condition in
the ten (10)-day time period, Party A shall not interrupt or temporarily
suspend the affected services or facilities provided by Party A to Party B; and



                    9.3.2
Upon correction of the interference or impairment that
caused Party A to interrupt or temporarily suspend the service or facility,
Party A will promptly restore the interrupted or temporarily suspended service
or facility. During such period 


35





of suspension
or interruption, there will be no compensation or credit allowance by Party A
to Party B.


          9.4
Outage Repair Standard 


          In
the event of an outage or trouble in any arrangement, facility, or service
being provided by a Party hereunder, the providing Party will follow procedures
for isolating and clearing the outage or trouble that are no less rigorous than
Verizon’s standard procedures. TCG and Verizon may agree to modify those
procedures from time to time based on their experience with comparable
Interconnection arrangements with other carriers. 


          9.5
Notice of Changes — Section 251(c)(5) 


          If
a Party makes a change in the information necessary for the transmission and
routing of services using that Party’s network, or any other change in its
network which it believes may materially affect the interoperability of its
network with the other Party’s network, the Party making the change shall
publish notice at least ninety (90) days in advance of such change, and shall
use all reasonable efforts to publish at least one hundred eighty (180) days in
advance where practicable; provided, however, that if a longer period of notice
is required by the FCC’s or Commission’s rules, including, e.g., the Network
Disclosure rules set forth in the FCC Regulations, the Party will comply with
such rules. 


10.0 JOINT NETWORK IMPLEMENTATION AND
GROOMING PROCESS 


          10.1
Joint Network Implementation And Grooming Process: Installation, Maintenance,
Testing and Repair 


                    10.1.1
Upon request of either Party, TCG and Verizon shall
jointly develop an implementation and grooming process (the “Joint Grooming
Process”), which may define in detail, among other things, the following:


                              10.1.1.1
The physical architecture consistent with Section 4.0.


                              10.1.1.2
A blocking standard of one half of one percent (B.005)
shall be maintained during the average Time Consistent Busy Hour for final
Access Toll Connecting Trunk groups carrying traffic between an TCG end office
and a Verizon access tandem. All final Traffic Exchange Trunk groups are to be
engineered with an average Time Consistent Busy Hour blocking standard of one
percent (B.01). 


                              10.1.1.3
The respective duties and responsibilities of the
Parties with respect to the administration and maintenance of the trunk groups,
including, but not limited to, standards and procedures for notification and
discoveries of trunk disconnects. 


                              10.1.1.4
Disaster recovery provision escalations. 


36





                              10.1.1.5
A procedure for escalating any emergency or urgent
matters and personnel that can be reached on a 7 x 24 basis. 


                              10.1.1.6
Such other matters as the Parties may agree,
including, e.g., End Office to End Office high usage trunks as good engineering
practices may dictate. 


                    10.1.2
In those cases where either Party’s equipment will not
support 64K Clear Channel Capability (“CCC”), the Parties agree to establish
AMI line coding.


          10.2
Installation, Maintenance, Testing and Repair 


          Unless
otherwise agreed to by the Parties, Interconnection shall be equal in quality
to that provided by each of the Parties to itself, any subsidiary, affiliate,
or third party, to the extent required by Applicable Law. Without affecting any
liability it may otherwise have to the other Party hereunder, if either Party
is unable to fulfill its obligations under this subsection 10.2, it shall notify
the other Party of its inability to do so and will negotiate alternative
intervals in good faith. The Parties agree that the standards to be used by
each Party for isolating and clearing any disconnections and/or other outages
or troubles shall be at parity with standards used by each Party with respect
to itself, any subsidiary, affiliate or third party, to the extent required by
Applicable Law.


                    10.2.1
Trunk Provisioning 


                              10.2.1.1
Notwithstanding any other provision of this Agreement,
each Party shall control the timing and sizing of one-way originating trunks it
provisions for terminating traffic to the other Party. Both Parties will manage
the capacity of their interconnection trunk groups. Each Party’s trunking
requirements for a direct end office or a tandem trunk group should be based on
reasonable engineering principles and be kept to a minimum quantity of trunks,
based on blocking standards identified in Section 10.1.1.2. Either Party may
place an order to add or disconnect trunks in a trunk group that are under its
control as long as engineering parameters, e.g., design blocking objective,
ECCS, utilization, are reasonably met. 


                              10.2.1.2
The Parties will review all Tandem and End Office
one-way Traffic Exchange Trunk groups that reach a utilization level of seventy
percent (70%), or greater, to determine whether those groups should be
augmented. TCG will promptly augment all Tandem and End Office one-way Traffic
Exchange Trunk groups that reach a utilization level of eighty percent (80%) by
submitting ASRs for additional trunks sufficient to attain a utilization level
of approximately seventy percent (70%), unless the Parties agree that
additional trunking is not required. For each Tandem and End Office one-way
Traffic Exchange Trunk group carrying TCG-originated traffic with a utilization
level of less than sixty percent (60%) for three consecutive months, unless TCG
in good faith provides Verizon with information (e.g., new customer contracts
or new product offerings) that TCG expects will produce traffic volumes that
will bring the utilization level over sixty percent (60%) within the next three
months or the Parties agree otherwise, TCG will promptly submit ASRs to disconnect
a sufficient number of 


37





Traffic
Exchange Trunks to attain a utilization level of approximately sixty percent
(60%) for each respective group. If the Parties agree to revise the utilization
percentages in this Section 10.2.1.2, the Parties shall amend this Agreement to
include mutually agreed upon terms and conditions governing such revised
utilization levels. 


                              10.2.1.3
Unless the Parties agree otherwise, the Parties will
adhere to the ordering and provisioning guidelines of the OBF for trunk
ordering and servicing as implemented by Verizon in accordance with the Change
Management Process, as amended, modified, clarified, or supplemented from time
to time. 


                              10.2.1.4
At either Party’s request, the Parties shall work
cooperatively to coordinate major large network interconnection projects that
require related work activities between and among Verizon and TCG work groups. 


                    10.2.2
Network Management 


                              10.2.2.1
Protective Protocols — Either Party may use
protective network traffic management controls such as 7-digit and 10-digit
code gaps on traffic toward the other Party’s network, when required to protect
the public switched network from congestion due to facility failures, switch
congestion or failure, or focused overload. Each Party will provide appropriate
industry standard notification to the other Party of any such protective
control action which has been executed by that Party. To the extent that prior
notification is commercially reasonable and consistent with industry practice,
each Party will provide prompt notification to the other Party of any such
protective control action which will be executed by the Party. 


                              10.2.2.2
Expansive Protocols — Originating or terminating
traffic reroutes may be implemented by either Party to temporarily relieve
network congestion due to facility failures or abnormal calling patterns. 


                              10.2.2.3
Mass Calling — TCG and Verizon shall cooperate
regarding cross-network call-ins expected to generate large or focused
temporary increases in call volumes, to prevent or mitigate the impact of these
events on the public switched network. 


          10.3
Forecasting Requirements for Trunk Provisioning 


                    10.3.1
Except as otherwise set forth in Section 10.3.2.1 and
Section 10.3.3.1 (i.e., where only one Party provides a forecast), each Party
shall provide the other Party a two (2) year non-binding traffic forecast of
outbound trunks. The forecast shall be updated and provided on an as-needed
basis but no less frequently than semiannually. All forecasts shall comply with
the Verizon CLEC Interconnection Trunking Forecast Guide and shall include,
Access Carrier Terminal Location (“ACTL”), traffic type (traffic carried via
Traffic Exchange Trunks, traffic carried via Access Toll Connecting Trunks,
Operator Services traffic, 911 traffic, etc.), 2/6 code (identifies trunk
group), A location/Z location, interface type (e.g., DS1), and trunks in
service (cumulative).


38





                    10.3.2
Initial Forecasts/Trunking Requirements 


                              10.3.2.1
For those LATAs where the Parties have not provisioned
Traffic Exchange Trunks, TCG shall provide (in accordance with Section 10.3.1)
and, Verizon will generally utilize, a non-binding trunk forecast (for both
inbound and outbound traffic) to assist Verizon in determining the timing and
sizing of the Verizon Traffic Exchange Trunks used to terminate traffic to TCG,
provided, that TCG’s forecast is based on reasonable engineering criteria. 


                    10.3.3
Monitoring and Adjusting Forecasts 


                              10.3.3.1
For those LATAs where the Parties have previously provisioned Traffic Exchange
Trunks, if the volume of traffic exchanged (i.e., the actual number of minutes
exchanged in a particular month) between the Parties is out of balance (which,
for the purposes of this Section 10.3.3 shall be defined as the volume of such
traffic originating on one Party’s network being greater than three times the
volume of such traffic originated on the other Party’s network), then the Party
originating the lesser volume of traffic (“Party A”) shall provide the other Party
(“Party B”) a non-binding trunk forecast in accordance with Section 10.3.1 for
traffic in the inbound direction (i.e., terminating to Party A’s network). 


11.0 UNBUNDLED ACCESS 


          Subject
to the conditions set forth in Section 11, Verizon shall offer to TCG
nondiscriminatory access to Network Elements and Combinations as set forth
below on an unbundled basis at any technically feasible point pursuant to, and
in accordance with the terms and provisions of this Agreement and Applicable
Law (including, without limitation, as set forth in the FCC’s Third Report and
Order and Fourth Further Notice of Proposed Rulemaking in CC Docket No. 96-98,
released November 5, 1999, and in FCC Rule 51.315(b), as each may be in effect
from time to time); but, notwithstanding any other provision of this Agreement,
only to the extent provision of such Network Elements and Combinations on an
unbundled basis is required by Applicable Law. Such access to Network Elements
and Combinations shall include all of the Network Element’s features, functions
and capabilities in a manner that allows TCG to provide any Telecommunications
Service that can be offered by means of the Network Element consistent with
Applicable Law. 


          11.1
Verizon’s Provision of Network Elements 


          Subject
to the conditions set forth in Section 11, Verizon shall provide TCG access to
the following: 


                    11.1.1
Loops, Sub-Loops, Dark Fiber, Line Sharing, Line
Splitting, and House and Riser, as set forth in Section 11.2;


                    11.1.2
The Network Interface Device, as set forth in Section
11.3;


39





                    11.1.3
Switching Capability, as set forth in Section 11.4;


                    11.1.4
Interoffice Transmission Facilities, as set forth in
Section 11.5;


                    11.1.5
Signaling Links and Call-Related Databases, as set
forth in Section 11.5A and Section 17;


                    11.1.6
Operations Support Systems, as set forth in Section
11.6;


                    11.1.7
Other Network Elements in accordance with Section 11.8
below. 


          11.2
Loops, Sub-Loops, Dark Fiber, Line Sharing, Line Splitting, and House and Riser



                    11.2.1
Subject to the conditions set forth in Section 11,
Verizon shall allow TCG to access Loops unbundled from local switching and
local transport as required by Applicable Law, in accordance with the rates,
terms and conditions set forth in Verizon’s PSC NY No. 10 Tariff, as amended
from time to time. To the extent required by Applicable Law, Verizon shall
provide access to the unbundled Sub-Loop Network Element in accordance with the
rates, terms and conditions set forth in Verizon’s PSC NY No. 10 Tariff, as
amended from time to time.


                    11.2.2
Dark Fiber. Subject to the conditions set forth in
Section 11 and upon request, Verizon shall provide to TCG access to unbundled
Dark Fiber Loops (as such term is hereinafter defined) in accordance with, and
subject to, the rates, terms and provisions of Verizon’s PSC NY No. 10 Tariff, as
amended from time to time.


                    11.2.3
House and Riser. Subject to the conditions set forth
in Section 11 and upon request, Verizon shall provide to TCG access to a House
and Riser Cable (as such term is hereinafter defined) in accordance with, and
subject to, the rates, terms and provisions of Verizon’s PSC NY No. 10 Tariff,
as amended from time to time. 


                    11.2.4
Line Sharing. Subject to the conditions set forth in
Section 11 and upon request, Verizon shall make Line Sharing available to TCG
in accordance with, and subject to, the rates, terms and provisions of
Verizon’s PSC NY No. 10 Tariff, as amended from time to time.


                    11.2.5
Line Splitting. Subject to the conditions set forth in
Section 11 and upon request, Verizon shall make Line Splitting available to TCG
in accordance with, and subject to, the rates, terms and provisions of
Verizon’s PSC NY No. 10 Tariff, as amended from time to time. 


          11.3
Network Interface Device 


                    Subject
to the conditions set forth in Section 11 and at the request of TCG, Verizon
shall permit TCG to connect a carrier’s Loop to the Inside Wiring of a
Customer’s premises through Verizon’s Network Interface Device (NID) at the
rates, 


40






terms and conditions set forth in Verizon’s PSC NY No. 10 Tariff, as amended from time to time. 


          11.4 Unbundled Switching Elements 


                    Subject
to the conditions set forth in Section 11 and at the request of TCG, Verizon
shall make available to TCG the Local Switching Element and Tandem Switching
Element unbundled from shared interoffice transport and local Loop
transmission, or other services, in accordance with Applicable Law, at the
rates, terms and conditions set forth in Verizon’s PSC NY No. 10 Tariff, as
amended from time to time. Additionally, TCG may request and shall pay Verizon
for the development, activation, and any associated fees and charges relating
to any latent switch features that it orders under the terms of this Agreement
(i.e., via the BFR process). 


                    11.4A
Packet Switching 


                    11.4A.1
The Packet Switching capability network element is defined as the basic packet
switching function of routing or forwarding packets, frames, cells or other
data units based on address or other routing information contained in the
packets, frames, cells or other data units, and the functions performed by
Digital Subscriber Line Access Multiplexers (DSLAMs), including but not limited
to: 


	
  

 	
  

 	
  

 
	
  

 	
 (i)

 	
 the ability
 to terminate copper customer loops (which includes both a low band voice
 channel and a high-band data channel, or solely a data channel); 

 
	
  

 	
  

 	
  

 
	
  

 	
 (ii)

 	
 the ability
 to forward the voice channels, if present, to a circuit switch or multiple
 circuit switches; 

 
	
  

 	
  

 	
  

 
	
  

 	
 (iii)

 	
 the ability
 to extract data units from the data channels on the loops, and

 
	
  

 	
  

 	
  

 
	
  

 	
 (iv)

 	
 the ability
 to combine data units from multiple loops onto one or more trunks connecting
 to a packet switch or packet switches.

 



                    11.4A.2
To the extent required by Applicable Law (including without limitation F.C.C.
Rule 51.319 (c)(5) as amended from time to time) and subject to the conditions
set forth in Section 11, Verizon shall provide access to unbundled Packet
Switching capability only where each of the following conditions are satisfied:



	
  

 	
  

 	
  

 
	
  

 	
 (i)

 	
 Verizon has
 deployed digital loop carrier systems, including but not limited to,
 integrated digital loop carrier or universal digital loop carrier systems; or
 has deployed any other system in which fiber optic facilities replace copper
 facilities in the distribution section, (e.g., end office to remote terminal,
 pedestal or environmentally controlled vault); 

 


41









	
  

 	
  

 	
  

 
	
  

 	
 (ii)

 	
 There are no
 spare copper loops capable of supporting xDSL services TCG seeks to offer; 

 
	
  

 	
  

 	
  

 
	
  

 	
 (iii)

 	
 Verizon has
 not permitted TCG to deploy a Digital Subscriber Line Access Multiplexer in
 the remote terminal, pedestal or environmentally controlled vault or other
 interconnection point, nor has TCG obtained a virtual collocation arrangement
 at these subloop interconnection points; and 

 
	
  

 	
  

 	
  

 
	
  

 	
 (iv)

 	
 Verizon (the
 ILEC) or Verizon Advanced Data Inc. (“VADI”), an affiliated ILEC in New York,
 has deployed packet switching capability for its own use. 

 



                    11.4A.3
To the extent Verizon is required by Applicable Law to provide Packet Switching
capability to TCG, Verizon shall provide access to Packet Switching capability
subject to charges based on rates and/or rate structures that are consistent
with Applicable Law (“Packet Switching Rates”). TCG acknowledges that the
Packet Switching Rates are not set forth in Exhibit A as of the Effective Date.
At such time that Verizon is required to provide access to Packet Switching
capability, Verizon shall develop Packet Switching Rates and shall notify TCG
in writing of such Packet Switching Rates in accordance with, and subject to,
the notices provision of this Agreement and thereafter shall bill TCG, and TCG
shall pay to Verizon, for Packet Switching capability provided under this
Agreement in accordance with such Packet Switching Rates. In addition, such
Packet Switching Rates shall be superseded, on a prospective basis (unless the
Commission, the FCC or other governmental body of competent jurisdiction orders
that such new Packet Switching Rates be applied on other than a prospective
basis (e.g., retroactive true-up), in which case the Parties shall comply with
the terms of such order, to the extent that it is effective), by any new Packet Switching Rates when
such new rates are required by any order of the Commission, the FCC or other
governmental body of competent jurisdiction, approved by the Commission, the
FCC or other governmental body of competent jurisdiction, or otherwise allowed
to go into effect, provided such new Packet Switching Rates are not subject to
a stay issued by any court of competent jurisdiction. Any notice provided by
Verizon to TCG pursuant to this Section 11.4A.3 shall be deemed to be a part of
Exhibit A immediately upon receipt of such notice by TCG and thereafter. 


          11.5
Unbundled InterOffice Transmission Facilities 


                              11.5.1.1
Subject to the conditions set forth in Section 11,
where facilities are available, Verizon shall make available to TCG unbundled
interoffice transmission facilities in accordance with Applicable Law, at the
rates, terms and conditions set forth in Verizon’s PSC NY No. 10 Tariff, as
amended from time to time. 


          11.5A
Call Related Databases and AIN 


42





                    11.5A.1 Verizon shall provide access to
call related databases to the extent required by Applicable Law, including but
not limited to, FCC Rule 51.319(e). Verizon shall provide such access in
accordance with Section 17 of this Agreement. Call related databases include,
but are not limited to: Line Information Database, Calling Name Database, Toll
Free Number Database, and Advanced Intelligent Network Databases. 


                    11.5A.2 [Intentionally deleted.] 


                    11.5A.3 [Intentionally deleted.]


                    11.5A.4 Line
Information Data Base (LIDB)


                              11.5A.4.1 Verizon shall permit TCG access
to the validation data in the Verizon LIDB database for use in TCG’s provision
of local exchange services. To the extent TCG provides local switching
utilizing its own switch, TCG may request that Verizon store its calling card,
toll billing exception and payphone number validation data in the Verizon LIDB
database pursuant to a separate agreement or an amendment to this Agreement
negotiated by the Parties. 


                              11.5A.4.2 Upon reasonable request by TCG,
Verizon shall provide TCG with a list of the end user data which TCG is
required to provide in order to support toll billing exception and calling card
validation. 


                              11.5A.5 Calling
Name Database


                                        11.5A.5.1 Verizon shall permit TCG to
transmit a query to Verizon’s CNAM database for the purpose of obtaining the
name associated with a line number for delivery to TCG’s local exchange
customers. To the extent TCG provides local switching utilizing its own switch,
TCG may request that Verizon provide CNAM database storage and validation
services pursuant to a separate agreement or an amendment to this Agreement
negotiated by the Parties. 


                    11.5A.6 Toll
Free Number Database


                              11.5A.6.1 Verizon shall provide access to
Verizon’s toll free number database to allow TCG to transmit a query to
determine the carrier selection and other routing instructions (e.g., POTS
translation, time of day, day of week, originating call number). 


                     11.5A.7 Advanced
Intelligent Network (AIN) Access, Service Creation Environment and Service
Management System (SCE/SMS) Advanced Intelligent Network Access.


                              11.5A.7.1 Verizon shall provide access to
any and all non-proprietary Verizon service applications resident in Verizon’s
SCP. Such access may be from TCG’s switch or Verizon’s unbundled Local
Switching element. SCE/SMS AIN access shall provide TCG the ability to create
service applications in the Verizon SCE 


43





and deploy
those applications via the Verizon SMS to the Verizon SCP consistent with the
way Verizon creates and deploys such applications. Verizon shall make SCE
hardware, software, testing and technical support (e.g., help desk, system
administrator) resources available to TCG. The Verizon SCE/SMS shall allow for
multi-user access by TCG personnel. AIN service applications and process flow
design developed in the SCE by an TCG service designer/creator to provide AIN
based services will be provided to TCG. Verizon shall provide management and
other logical security functions. When TCG selects SCE/SMS AIN access, Verizon
shall provide for a secure, controlled access environment on-site as well as
via remote data connections (i.e., ISDN circuit switched data) and shall allow
TCG to transfer data forms and/or tables to the Verizon SCP via the ILEC SMS
(e.g., service customization and subscriber subscription) in a manner
consistent with how Verizon provides that capability to itself. 


          11.6
Operations Support Systems 


          Subject
to the conditions set forth in Section 11 and Schedule 11 of this Agreement,
Verizon shall provide TCG with access via electronic interfaces to databases
required for pre-ordering, ordering, provisioning, maintenance and repair, and
billing. All such transactions shall be submitted by TCG through such
electronic interfaces unless otherwise agreed to by the Parties. 


                    11.6A
Operator Service and Directory Assistance
Service 


                              11.6A.1
To the extent required by Applicable Law and pursuant to FCC Rule 51.319(f) and
the rates, terms and conditions set forth in Verizon’s PSC NY No. 10 Tariff, as
amended from time to time, Verizon shall provide nondiscriminatory access to
Operator Services and Directory Assistance on an unbundled basis to TCG for the
provision of a Telecommunications Service only where Verizon does not provide,
upon request by TCG, customized routing or a compatible signaling protocol of
OS/DA. Operator Services (“OS”) are any automatic or live assistance to a
consumer to arrange for billing or completion, or both, of a telephone call.
Directory Assistance (“DA”) is a service that allows subscribers to retrieve
telephone numbers of other subscribers. 


          11.7
Limitations on Unbundled Access 


                    11.7.1
Notwithstanding any other provision of this Agreement: 


                              (a)
To the extent that Verizon is required by a change in Applicable Law to provide
a Network Element on an unbundled basis or a Combination to TCG, the terms,
conditions and prices for such Network Element or Combination (including, but
not limited to, the terms and conditions defining the Network Element or
Combination and stating when and where the Network Element or Combination will
be available and how it will be used, and terms, conditions and prices for
pre-ordering, ordering, provisioning, repair, maintenance and billing) shall be
as provided in an applicable Tariff of Verizon (a “Verizon UNE Tariff”) or, in
the absence of such a Tariff, as mutually agreed to by the Parties pursuant to
Section 27.4 hereof. 


44





                    11.7.2
Without limiting Verizon’s rights pursuant to
Applicable Law or this Agreement to terminate its provision of a Network
Element or a Combination, if Verizon provides a Network Element or Combination
to TCG, and the Commission, the FCC, a court or other governmental body of
appropriate jurisdiction determines or has determined that Verizon is not
required by Applicable Law to provide such Network Element or Combination,
Verizon may terminate its provision of such Network Element or Combination to
TCG. If Verizon terminates its provision of a Network Element or a Combination
to TCG pursuant to this Section 11.7.2 and TCG elects to purchase other
services offered by Verizon in place of such Network Element or Combination,
then: (a) Verizon shall reasonably cooperate with TCG to coordinate the
termination of such Network Element or Combination and the installation of such
services to minimize the interruption of service to customers of TCG; and, (b)
TCG shall pay all applicable charges for such services.


                    11.7.3
Nothing contained in this Agreement shall be deemed to
constitute an admission by Verizon that any item identified in this Agreement
as a Network Element is (i) a Network Element under Applicable Law, or (ii) a
Network Element Verizon is required by Applicable Law to provide to TCG on an
unbundled basis. Nothing contained in this Agreement shall limit either Party’s
right to appeal, seek reconsideration of, or otherwise seek to have stayed,
modified, reversed or invalidated any order, rule, regulation, decision,
ordinance, or statute issued by the Commission, the FCC, any court, or any
other governmental authority related to, concerning or that may affect a
Party’s rights or obligations under this Agreement or under Applicable Law.


                    11.7.4
Except as otherwise required by Applicable Law
(including, without limitation, Verizon Communications, Inc. v. F.C.C., 122
S.Ct. 1646 (2002)): (a) Verizon shall be obligated to provide a UNE or Combination pursuant to this
Agreement only to the extent such UNE or Combination, and the equipment and
facilities necessary to provide such UNE or Combination, are available in
Verizon’s network; (b) Verizon shall have no obligation to construct or deploy
new facilities or equipment to offer any UNE or Combination.


               11.8
Availability of Other Network Elements on an Unbundled Basis 


                    11.8.1
Verizon shall, upon request of TCG and to the extent
required by Applicable Law, provide to TCG access to its Network Elements on an
unbundled basis for the provision of TCG’s Telecommunications Service. Any
request by TCG for access to a Verizon Network Element not provided pursuant to
this Agreement or pursuant to another interconnection agreement in accordance
with the terms and conditions of Section 28.13 hereof shall be treated as a
Network Element Bona Fide Request.


                    11.8.2
A Network Element obtained by TCG from Verizon under
this Section 11.8 may be used in combination with the facilities of TCG only to
provide a Telecommunications Service.


45





                    11.8.3
Notwithstanding anything to the contrary in this
Section 11.8, Verizon shall not be required to provide a proprietary Network
Element to TCG under this Section 11.8 except as required by Applicable Law.


          11.9
Conversion of Live Telephone Exchange Service to Analog 2W Loops 


          The
following coordination procedures shall apply to “live” cutovers of Verizon
Customers who are converting their Telephone Exchange Services to TCG Telephone
Exchange Services provisioned over Analog 2W unbundled Local Loops (“Analog 2W
Loops”) to be provided by Verizon to TCG. 


                    11.9.1 Coordinated cutover charges,
including but not limited to outside dispatch charges, where applicable, shall
apply to conversions of live Telephone Exchange Services to Analog 2W Loops, as
set forth in Exhibit A. If TCG does not request a coordinated cutover, Verizon
will process TCG’s order as a new installation subject to applicable standard provisioning
intervals. 


                    11.9.2 TCG shall request Analog 2W Loops
for coordinated cutover from Verizon by delivering to Verizon a valid Local
Service Request (“LSR”) in accordance with the terms of Section 11.6. TCG shall
designate the requested date and time for conversion on the LSR (“Scheduled
Conversion Time”) subject to Verizon standard provisioning intervals, as may be
revised from time to time. Subject to the immediately preceding sentence,
Verizon agrees to accept from TCG the Scheduled Conversion Time, provided that
such designation is within the regularly scheduled operating hours of the
Verizon Regional CLEC Control Center (“RCCC”) and subject to the availability
of Verizon’s work force. In the event that Verizon’s work force is not
available, TCG and Verizon shall mutually agree on a New Conversion Time, as
defined below. Within three (3) business days of Verizon’s receipt of a valid
LSR, except as otherwise required by Applicable Law, Verizon shall provide TCG
the scheduled due date by which the Analog 2W Loops covered by such LSR will be
converted. 


                    11.9.3 TCG shall provide dial tone at the
TCG Collocation site prior to the Scheduled Conversion Time such that Verizon
may verify dial tone as provided herein. Verizon shall verify dial tone on the
loop scheduled to be migrated to TCG and shall also verify TCG dial tone from
the TCG Collocation cage. If Verizon is unable to verify such dial tone,
Verizon shall take appropriate steps to address the problem, including promptly
notifying TCG, as may be required. 


                    11.9.4 Either Party may contact the other
Party to negotiate a new Scheduled Conversion Time (the “New Conversion Time”),
provided, however, that each Party shall use commercially reasonable efforts to
provide four (4) business hours’ advance notice to the other Party of its
request for a New Conversion Time. Any Scheduled Conversion Time or New
Conversion Time may not be rescheduled more than one (1) time in a business
day, and any two New Conversion Times for a particular Analog 2W Loops shall
differ by at least eight (8) hours, unless otherwise agreed to by the Parties. 


46





                              11.9.4.1 If the New Conversion Time is more
than one (1) business hour from the original Scheduled Conversion Time or from
the previous New Conversion Time, the Party requesting such New Conversion Time
shall be subject to the following: 


          (i)
If Verizon requests to reschedule outside of the one (1) hour time frame above,
the Analog 2W Loops Service Order Charge for the original Scheduled Conversion
Time or the previous New Conversion Time shall be waived, and 


          (ii)
If TCG requests to reschedule outside the one (1) hour time frame above, TCG
shall be charged an additional Analog 2W Loops Service Order Charge for
rescheduling the conversion to the New Conversion Time. 


                    11.9.5 If TCG is not ready to accept
service at the Scheduled Conversion Time or at a New Conversion Time, as
applicable, an additional Service Order Charge shall apply. If Verizon is not
available or ready to perform the conversion within thirty (30) minutes of the
Scheduled Conversion Time or New Conversion Time, as applicable, Verizon and
TCG will reschedule and Verizon will waive the Analog 2W Loop Service Order
Charge for the original Scheduled Conversion Time. 


                    11.9.6 Conversions involving LNP will be
completed according to North American Numbering Council (“NANC”) standards, via
the regional Number Portability Administration Center (“NPAC”). 


                    11.9.7 If TCG requires Analog 2W Loop
conversions outside of the regularly scheduled Verizon RCCC operating hours,
such conversions shall be separately negotiated. Additional charges (e.g.,
overtime labor charges) may apply for desired dates and times outside of
regularly scheduled RCCC operating hours. 


                    11.9.8 After receiving notification of
completion of the hot cut by Verizon, TCG will confirm operation of the loop.
In the event the loop is not functional, TCG may submit the necessary trouble
ticket to initiate a request for repair. 


                    11.9.9 If TCG and Verizon cannot isolate
and fix the problem, TCG may request that the Customer be restored to service
on the Verizon network. Such restoration shall occur within a commercially
reasonable time period. 


          11.10
Testing, Trouble Isolation and Dispatch Associated with Maintenance of
Unbundled Network Elements 


          If
(a) TCG reports to Verizon a Customer trouble, (b) TCG requests a dispatch, (c)
Verizon dispatches a technician, and (d) such trouble was not caused by
Verizon’s facilities or equipment in whole or in part, then TCG shall pay
Verizon a charge set forth in Exhibit A for time associated with said dispatch.
In addition, this charge also applies when the Customer contact as designated
by TCG is not available at the appointed time. TCG accepts responsibility for
initial trouble isolation (except where technically infeasible) and providing
Verizon with appropriate dispatch information based on test results resulting
from such initial trouble isolation. For the purposes of this Section 11.10 


47





only,
“technically infeasible” trouble isolation (i.e., when TCG is absolved of this
responsibility) is defined as follows: (a) those situations where TCG, as a
result of circumstances beyond its control (i.e., a Force Majeure Event) is
unable to gain access to TCG physical collocation arrangements; (b) those
situations where Verizon is unable to provide testing capability pursuant to
Section 11.10.1 below; or (c) those situations for which Verizon and TCG
mutually agree upon. In those instances identified in (a), (b) and (c)
preceding where trouble isolation is technically infeasible for TCG, Verizon
shall, where technically feasible, perform testing at TCG’s request, and supply
the test results to TCG. If, as a direct result of TCG instructions, Verizon
erroneously dispatches to a site on Verizon company premises (“dispatch in”), a
charge set forth in Exhibit A will be assessed per occurrence to TCG by
Verizon. If as a direct result of TCG instructions, Verizon erroneously
dispatches to a site outside of Verizon company premises (“dispatch out”), a
charge set forth in Exhibit A will be assessed per occurrence to TCG by
Verizon. TCG will not be subject to such charges if Verizon dispatches its
technicians to an incorrect location not designated by TCG. Verizon agrees to
respond to TCG trouble reports on a non-discriminatory basis consistent with
the manner in which it provides service to its own retail Customers or to any
other similarly situated Telecommunications Carrier. 


                              11.10.1
Verizon shall provide TCG access to the mechanized
loop test (“MLT”), where such capability is available, for testing of the
UNE-Platform. Where access to MLT is not available for UNE-Platform, Verizon
shall perform such testing at TCG’s request, and supply the test results to
TCG.


                              11.10.2 To the extent the initial trouble
isolation activities have been completed pursuant to this Section 11.10 and,
TCG requires additional assistance from Verizon to complete a maintenance
request of unbundled Network Elements (e.g., cooperative testing, vendor meet),
and such assistance is reasonably determined by Verizon to be within its normal
effort with respect to testing, maintenance or repair of unbundled Network
Elements, Verizon shall cooperatively work with TCG to complete such reasonable
request for assistance in accordance with the terms set forth in this Section
11.10. 


          11.11
Rates 


                    11.11.1
Verizon shall charge, and TCG shall pay, the
non-recurring and monthly recurring rates for Network Elements set forth in the
applicable Verizon Tariff or, if not set forth in a Verizon Tariff, as set
forth in Exhibit A. If the Commission adopts permanent rates consistent with
the requirements of the FCC Regulations (to the extent it has not already done
so), then such permanent rates shall be applied in the manner described in
Exhibit A and Section 20.2 below. 


          11.12
Combinations 


                    11.12.1
Subject to the conditions set forth in Section 11,
Verizon shall be obligated to provide combinations of unbundled Network
Elements 


48





(“Combinations”)
in accordance with Applicable Law, at the rates, terms and conditions set forth
in Verizon’s PSC NY No. 10 Tariff, as amended from time to time. 


          11.13
Demand Management Forecasts 


                    In
addition to any other forecasts required by this Agreement, upon reasonable
request by Verizon, TCG shall provide to Verizon non-binding good faith demand
management forecasts regarding the services that TCG expects to purchase from
Verizon, including, but not limited to, forecasts regarding the types and
volumes of services that TCG expects to purchase and the locations where such
services will be purchased. Such forecasts shall be requested by Verizon no
more frequently than semi-annually and shall be subject to the confidentiality
provisions set forth in Section 28.5.2 of this Agreement and the information
contained in such forecasts will only be used to provide services pursuant to
this Agreement. Such forecasts shall not be a commitment by TCG to order any
specified amount of services. Nor do such forecasts expand or otherwise
increase (i) Verizon’s obligations to provide services pursuant to this
Agreement or (ii) any performance standards, measurements, or remedies, if any,
that may apply pursuant to Section 26 of this Agreement. 


          11.14
Enhanced Cooperative Testing 


                    11.14.1 For the purposes of this Agreement,
“Enhanced Cooperative Testing” is defined as additional testing, maintenance or
repair of unbundled Network Elements which is in addition to normal effort
required to test, maintain or repair such unbundled Network Elements or
comparable facilities or equipment used by Verizon when providing Tariffed
services to its retail Customers. 


                    11.14.2
Pursuant to methods and procedures developed as part of the DSL Provisioning
Process in New York, at TCG’s request, TCG and Verizon shall perform
cooperative testing (as such testing is defined in the New York DSL
Collaborative) of DSL-capable Loops. 


                    11.14.3
To the extent TCG requires Enhanced Cooperative Testing of unbundled Network
Elements (with the exception of DSL-capable Loops which are addressed in
Section 11.14.2 above) and methods and procedures to perform such Enhanced
Cooperative Testing have not been developed by other industry forums or
collaborative proceedings in New York, the Parties, upon written request of
TCG, shall enter into good faith negotiations to determine appropriate rates,
if any, terms and conditions applicable to such Enhanced Cooperative Testing. 


12.0 RESALE - SECTIONS 251(C)(4) AND
251(B)(1) 


          12.1
Availability of Retail Services/Wholesale Rates for Resale 


          As
and to the extent required by Applicable Law, Verizon, directly or (at
Verizon’s option, in the case of Advanced Services — as such term is defined
by the FCC) through Verizon Advanced Data Inc. (“VADI”), a New York affiliate
subject to 


49






Section 251(c) of the Act, will make available to TCG, for resale, Verizon’s  Telecommunications
Services (As Defined in the Act) (collectively, “Resold Services”), subject to
and in accordance with the terms and conditions, including discount rates, of Verizon P.S.C. Resale Tariff No. 9 (the
“Resale Tariff”) and, in the case of Advanced Services, VADI’s federal and
state tariffs (the “VADI Tariff”)(as such tariffs are amended or otherwise in
effect from time to time); and the terms and conditions of this Section 12. To
the extent required by Applicable Law, Verizon or VADI, as applicable, shall
make available such Resold Services at the retail prices set forth in Verizon’s
or VADI’s tariffs, as applicable, less the wholesale discount set forth in
Exhibit A. 


          12.2
Customer Specific Offerings 


          To
the extent required by Applicable Law, Verizon
Resold Services shall include contract and other Customer-specific offerings.
Upon written request by TCG, Verizon shall promptly provide TCG with summaries
of contracts and Customer-specific offerings describing prices, terms and
conditions that TCG may make available for resale to its Customers. In the
event that there is a change in Applicable Law, such that Verizon’s obligation
to provide TCG with resale of contracts and other Customer-specific offerings
is reduced or eliminated, TCG will promptly comply with such change in
Applicable Law. 


          12.3
Availability of Branding for Resale 


          To
the extent required by Applicable Law, upon request by TCG and at prices, terms
and conditions to be negotiated by TCG and Verizon, Verizon shall provide
Verizon Resold Services that are identified by TCG’s trade name, or that are
not identified by trade name, trademark or service mark. 


          12.4
Customer of Record 


                    12.4.1
TCG shall establish telephone numbers at which TCG’s
customers may communicate with TCG and shall make reasonable efforts to advise
TCG’s Customers who may wish to communicate with TCG of these telephone
numbers. 


                    12.4.2
Verizon employees who are reasonably likely to
communicate, either by telephone or face-to-face, with TCG’s Customers of
Resold Services during the service provisioning or maintenance processes shall
or have received such training as reasonably necessary for those employees to
conform to the requirements of this Agreement with regard to their contact with
TCG Customers.


          12.5
Discontinuance of Verizon Services 


                    To
the extent required by Applicable Law, where Verizon discontinues a Verizon
Resale Telecommunications Service, TCG shall be subject to the same limitations
and rights (e.g. if Verizon
allows for any transition or grandfathered period) that Verizon’s own retail
Customers may be subject to with respect to any 


50







Telecommunications
Service that Verizon may, in its discretion and to the extent not prohibited by
Applicable Law, discontinue offering. 


          12.6 Additional Terms Governing Resale and Use of
Verizon Services


                    12.6.1 TCG shall not be eligible to participate in any Verizon plan or program
under which Verizon end user retail Customers may obtain products or
merchandise, or services which are not Telecommunications Services, in return
for TCG’s trying, agreeing to purchase, purchasing, or using Telecommunications
Services.


                    12.6.2 Neither Verizon nor TCG may offer services to its end users or others
under any of the brand names of the other Party or any of its parents,
subsidiaries or affiliates, regardless of whether or not such brand names are
registered trademarks or servicemarks, without the other Party’s written
authorization. Notwithstanding the foregoing, Verizon shall not be required to
remove (or remove references to) the brand name or logo “Verizon” or similar
names or connotations of brand identifying Verizon or its parents, subsidiaries
or affiliates from any items or services which it provides, except insofar as
Verizon’s obligation, pursuant to Applicable Law, to re-brand (with the TCG
identification) and except that (x) Verizon shall not provide to TCG’s end user
Customer a copy of its branded time and material rates authorization form, (y)
to the extent Verizon provides a “left in dial tone” recording (applicable to
inactive telephone lines that have access solely to 8YY, local business office
or 911 service) it shall provide a statement that the end-user should contact
its local service provider (without reference to Verizon) to activate service
and (z) Verizon may include on the “no access” cards left by Verizon personnel
at Customer premises responding to activation or maintenance service requests
the following statement: 


               “Verizon
was here on behalf of your service provider to address your activation or
maintenance request. Please re-contact your service provider to arrange for a
future appointment.” 


          or
such other substantially similar statement as will not bear the logo or brand
name of Verizon other than to simply identify the personnel leaving such card.
The brand name of Verizon shall appear on any “no access” card with no greater
prominence than the remainder of the printed statement. 


                    12.6.3 Upon rendering of a final bill by Verizon to its end-user Customer who
has switched from Verizon and now subscribes to services TCG provides using
Resold Services, Verizon shall remove any Verizon-assigned telephone calling
card number from the LIDB for such Customer’s Verizon calling card issued in
connection with that Customer’s local exchange service. Nothing contained in
this Agreement shall preclude the marketing of Verizon calling cards to these
end-user Customers, subject to the restrictions set forth in Section 28.5 of
this Agreement. 


                    12.6.4 Alternate
Billing to Third Numbers 


                              12.6.4.1 Calls
on Verizon resold Lines using Verizon’s Operator Services. The following
procedures shall apply for Alternately Billed Calls 


51





which are
local calls or IntraLATA toll calls carried by Verizon and originating or
terminating over a Verizon line (a) which has been resold by TCG pursuant to
the terms of this Agreement and (b) for which Verizon is providing operator and
directory assistance services.


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


                                        12.6.4.1.2 Verizon
Originating Call charged to TCG Customer.


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


                                        12.6.4.1.3
TCG Originating Call charged to Other Carrier.


                                        In
the case of a call which originates from an TCG Customer Resold Line which is
charged to a customer of a third party telecommunications carrier outside of
Verizon New York Territory, Verizon may record and process such call and transmit
to TCG an unrated call record, at which point Verizon shall have no further
responsibility for rating, billing, or collecting for such call. TCG shall pay
Verizon for such call at the wholesale discount rate set forth in Exhibit A as
billed on the wholesale bill.


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


52





                                        12.6.4.2.1 TCG
Originating Call Charged to Verizon Customer. In the case of a call which
originates from an TCG Customer Resold Line and is charged to a Verizon retail
Customer within Verizon New York Territory, TCG shall record and process such
call at its OSPS and rate such call for purposes of charging Verizon’s Customer
and send such rated record to Verizon in billable form for billing and
collection purposes, at which point TCG shall have no further responsibility
for billing or collecting for such call. Verizon shall pay TCG for such call
the billed amount less the billing and collection fee as specified in Exhibit
A. 


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


                                        12.6.4.2.3 TCG
Originating Call charged to Other Carrier. In the case of a call which
originates from an TCG Customer Resold Line which is charged to a customer of a
third party telecommunications carrier providing services outside of Verizon
New York Territory, TCG shall record and process such call. 


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


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


                              12.6.4.4
Administrative Matters


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


53





                              12.6.5 E911/911 Services


                                        12.6.5.1 Where
and to the extent that Verizon provides E911/911 call routing to a Public
Safety Answering Point (“PSAP”) to Verizon’s own end user retail Customers,
Verizon will provide to TCG, for resold Verizon Retail Telecommunications
Service dial tone lines, E911/911 call routing to the appropriate PSAP. Verizon
will provide TCG Customer information for resold Verizon Retail
Telecommunications Service dial tone lines to the PSAP as that information is
provided to Verizon by TCG where and to the same extent that Verizon provides
Verizon end user retail Customer information to the PSAP. Verizon will update
and maintain, on the same schedule that Verizon uses with Verizon’s own end
user retail Customers, for TCG Customers served by resold Verizon Retail
Telecommunications Service dial tone lines, TCG Customer information in
Verizon’s E911/911 databases. 


                                        12.6.5.2 TCG
shall provide to Verizon the name, telephone number and address, of all TCG
Customers, and such other information as may be requested by Verizon, for
inclusion in E911/911 databases. Any change in TCG Customer name, address or
telephone number information (including addition or deletion of an TCG
Customer, or a change in TCG’s Customer name, telephone number or address), or
in other E911/911 information supplied by TCG to Verizon, shall be reported to
Verizon by TCG within one (1) day after the change.


                                        12.6.5.3 To
the extent that it is necessary (whether as a requirement of Applicable Law or
otherwise) for TCG to enter into any agreements or other arrangements with
governmental entities (or governmental entity contractors) related to E911/911
in order for TCG to provide Telecommunications Services, TCG shall at TCG’s
expense enter into such agreements and arrangements.


                              12.6.6 Emergency Listings Service


                                        12.6.6.1 Verizon,
upon receipt of written request from TCG, shall negotiate a separate agreement
with TCG to set forth the rates, terms and conditions for the provision by
Verizon to TCG of emergency listings service (i.e., emergency public agency (e.g.,
police, fire, ambulance) telephone numbers linked to NPA-NXXs in New York
State), provided that Verizon offers such emergency listings service in New
York State.


                              12.6.7 Pal Lines


                                        12.6.7.1 The
Parties agree that TCG may only purchase Verizon Public Access Line (“PAL”)
services in the form in which such services are offered under Verizon’s
applicable retail tariffs. TCG as a Telecommunications Carrier may purchase PAL
service for resale to Independent Public Payphone Providers (“IPPPs”),
including affiliates of TCG, provided that such affiliates purchase PAL service
on the same terms and conditions as are offered by TCG to non-affiliate IPPPs.


                              12.6.8 Vertical Features, Voice Mail and Voice
UNE-Platform


54





                              12.6.8.1 The vertical features that Verizon makes
available under its retail tariffs to its end user Customers shall be available
to TCG to purchase for resale (at the appropriate wholesale discount set forth
in Exhibit A) to TCG Customers who are being provided voice service through the
use of the UNE-Platform; provided, however, that, except as otherwise may be
provided by Applicable Law, any TCG request for Verizon voice mail service as a
Resold Service for use by TCG voice UNE-Platform Customers shall be treated as
a Bona Fide Request. 


                    12.7 Demand
Management Forecasts


                              12.7.1 In
addition to any other forecasts required by this Agreement, upon reasonable
request by Verizon, TCG shall provide to Verizon non-binding good faith demand
management forecasts regarding the services that TCG expects to purchase from
Verizon, including, but not limited to, forecasts regarding the types and
volumes of services that TCG expects to purchase and the locations where such
services will be purchased. Such forecasts shall be requested by Verizon no
more frequently than semi-annually and shall be subject to the confidentiality
provisions set forth in Section 28.5.2 of this Agreement and the information
contained in such forecasts will only be used to provide services pursuant to
this Agreement. Such forecasts shall not be a commitment by TCG to order any
specified amount of services. Nor do such forecasts expand or otherwise
increase (i) Verizon’s obligations to provide services pursuant to this
Agreement or (ii) any performance standards, measurements, or remedies, if any,
that may apply pursuant to Section 26 of this Agreement.


	
  

 	
  

 
	
 13.0

 	
 COLLOCATION — SECTION 251(C)(6)

 



          13.1 To
the extent required by Applicable Law, Verizon shall provide Collocation for
the purpose of facilitating TCG’s Interconnection with facilities or services
of Verizon or access to unbundled Network Elements of Verizon, except as
otherwise mutually agreed to in writing by the Parties. Such Collocation shall
be provided pursuant to Verizon’s applicable federal and state Tariffs as
amended from time to time.


          13.2
[Intentionally omitted] 


          13.3 In
the course of implementing a Collocation project, Verizon shall:


          (a)
identify the Collocation project manager assigned to the project;


          (b)
develop a written comprehensive “critical tasks” timeline detailing the work
(and relative sequence thereof) that is to be performed by each Party or
jointly by both Parties; and


          (c)
provide TCG with the relevant engineering requirements.


55





          13.4 TCG
shall purchase Cross Connection to Verizon services or facilities as described
in Verizon’s applicable Tariffs.


          13.5
Intentionally Deleted. 


          13.6 Verizon
shall allow TCG to collocate equipment in a Verizon remote terminal equipment
enclosure in accordance with, and subject to, the rates, terms and conditions
set forth in applicable Verizon tariffs, as amended from time to time, and
Verizon shall do so regardless of whether or not such rates, terms and
conditions are effective. Notwithstanding anything else set forth in this
Agreement, Verizon shall allow TCG to collocate equipment in a Verizon remote
terminal equipment enclosure in accordance with, but only to the extent
required by, Applicable Law.


          13.7 When
TCG and Verizon are located in a Verizon Wire Center building that includes an
TCG/Verizon “condominium” arrangement, i.e., where both Parties have a switch
or, in the case of TCG, a facility point of presence within the Verizon Wire
Center building, TCG may use, to the extent that Verizon is required to permit
such use under Applicable Law, any equipment that it may locate in the TCG Wire
Center in that building to interconnect with Verizon for the exchange of the
Parties’ traffic under this Agreement and/or to access Verizon’s unbundled
Network Elements for TCG’s own use, via intra-building cabling (as and where
technically feasible), to be terminated at a point of termination (“POT”) bay
designated by Verizon in its generally available collocation space. Such
equipment located in the TCG Wire Center in the condominium arrangement
interconnected via intra-building cabling shall be treated as collocated
equipment in accordance with Applicable Law. TCG shall perform such
intra-building cabling in accordance with Verizon’s applicable Collocation
tariffs, including paying Verizon’s generally applicable Collocation tariff
rates and charges for any services provided in connection with the foregoing
intra-building cabling.


	
  

 	
  

 
	
 14.0

 	
 NUMBER PORTABILITY - SECTION 251(B)(2) 

 



          14.1 Scope 


          The
Parties shall provide Number Portability (“NP”) in accordance with the
requirements of the Act and applicable rules and regulations as from time to
time prescribed by the FCC and/or the Commission to the extent such Commission
has jurisdiction over the subject matter.


          14.2 Procedures for Providing LNP (Long-term Number
Portability) 


          The
Parties will follow the LNP provisioning process and procedures recommended by
the North American Numbering Council (NANC) and adopted by the FCC, as well as
those established by the East Coast Local Number Portability Operations Team.
In addition, the Parties agree to follow the NP ordering procedures established
at the Ordering and Billing Forum (OBF). The Parties shall provide LNP on a
reciprocal basis.


56





                    14.2.1 A Customer of one Party (“Party A”) elects to
become a Customer of the other Party (“Party B”). The Customer elects to
utilize the original telephone number(s) corresponding to the Telephone
Exchange Service(s) it previously received from Party A, in conjunction with the
Telephone Exchange Service(s) it will now receive from Party B. After Party B
has received appropriate authorization in accordance with Applicable Law from
an end user customer and sends an LSR to Party A, Parties A and B will work
together to port the customer’s telephone number(s) from Party A’s network to
Party B’s network. It is Party B’s responsibility to maintain a file of all
such authorizations and Party A may request, upon reasonable notice,
verification of the applicable authorization. 


                    14.2.2 When
a telephone number is ported out of Party A’s network, Party A will remove any
non-proprietary line based calling card(s) associated with the ported number(s)
from its Line Information Database (“LIDB”). Reactivation of the line-based
calling card in another LIDB, if desired, is the responsibility of Party B or
Party B’s customer.


                    14.2.3 When
a customer of Party A ports their telephone numbers to Party B and the customer
has previously secured a reservation of line numbers from Party A for possible
activation at a future point, these reserved but inactive numbers may be ported
along with the active numbers to be ported provided the numbers have been
reserved for the customer. Party B may request that Party A port all reserved
numbers assigned to the customer or that Party A port only those numbers listed
by Party B. As long as Party B maintains reserved but inactive numbers ported
for the customer, Party A shall not reassign those numbers. Party B shall not
reassign the reserved numbers to another end user customer.


                    14.2.4 When
a customer of Party A ports their telephone numbers to Party B, in the process
of porting the customer’s telephone numbers, Party A shall implement the
10-digit unconditional trigger feature where it is available. When Party A
receives the porting request, the 10-digit unconditional trigger shall be
applied to the customer’s line no later than 11:59 p.m. (local time) on the
business day preceding the scheduled port date and Party A shall leave the
10-digit unconditional trigger in place until 11:59 p.m. (local time) of the
confirmed due date. Such use of the 10-digit unconditional trigger is
considered a non-coordinated number port and will enable Party B to satisfy its
customers’ requests for weekend or off-business hours porting without
coordinated assistance from Party A.


                    14.2.5 When
the 10-digit unconditional trigger is not available, Party A and Party B must
coordinate the disconnect activity. For the purposes of such coordination and
in response to a specific Customer request for special handling where issues of
public safety are involved, either Party may request weekend or off-business
hour coordination of LNP. In such instances and subject to the limitations
identified in Subsection 14.2.5.1 below, either Party, as applicable, will
process LNP orders, port numbers during off-business hours on weekdays,
Saturdays, and Sundays, and provide off-business hours technical and
operational support to resolve problems that may occur


57





during such
coordinated number porting activity as it would do so for its own Customers
that are similarly situated.


                              14.2.5.1 The
availability of weekend and/or off-business hours coordination of LNP is
subject to each of the following limitations:


	
  

 	
  

 	
  

 
	
  

 	
 (i)

 	
 Weekend and/or off-business hour porting will only be considered on
 orders that require coordination, i.e., where no 10-digit unconditional
 trigger is available.

 
	
  

 	
  

 	
  

 
	
  

 	
 (ii)

 	
 Requests for weekend and non-business hour due dates on number
 portability orders must be negotiated in advance of submitting the LSR.

 
	
  

 	
  

 	
  

 
	
  

 	
 (iii)

 	
 Both Parties shall maintain personnel to perform the tasks required
 during the weekend and off-business hour porting to which they agree,
 including the removal of the telephone number translations at a specified
 time and restoration of original service if the problems occur during the
 porting process.

 
	
  

 	
  

 	
  

 
	
  

 	
 (iv)

 	
 Number porting may not be available certain hours on Sundays due to
 NPAC maintenance down time as reported by NPAC.

 
	
  

 	
  

 	
  

 
	
  

 	
 (v)

 	
 If either
 Party schedules system maintenance during off-business hours that impacts the
 ability to complete the work involved for a scheduled porting event, such
 Party will advise the other of the system down time and reschedule the
 porting activity to a mutually agreeable date.

 



                    14.2.6 The Parties shall furnish each other with the
Jurisdiction Information Parameter (JIP) in the Initial Address Message (IAM),
containing a Local Exchange Routing Guide (LERG)-assigned NPA-NXX (6 digits)
identifying the originating switch on calls originating from LNP capable
switches.


                    14.2.7 Where LNP is commercially available, the NXXs in
the office shall be defined as portable, except as noted in 14.2.8, and
translations will be changed in the Parties’ switches to open those NXXs for
database queries in all applicable LNP capable offices within the LATA of the
given switch(es). On a prospective basis, all newly deployed switches will be
equipped with LNP capability and so noted in the LERG. 


                    14.2.8 All
NXXs assigned to LNP capable switches are to be designated as portable unless a
NXX(s) has otherwise been designated as non-portable. Non-portable NXXs include
NXX codes assigned to paging, cellular and wireless services; codes assigned
for internal testing and official use and any other NXX codes required to be
designated as non-portable by the rules and regulations of the FCC. NXX codes
assigned to mass calling on a choked network may not be ported using LNP
technology but are portable using methods established by the NANC and adopted
by the FCC. On a


58





prospective
basis, newly assigned codes in switches capable of porting shall become
commercially available for porting with the effective date in the network.


                    14.2.9 Both
Parties’ use of LNP shall meet the performance criteria specified by the FCC.
Both Parties will act as the default carrier for the other Party in the event
that either Party is unable to perform the routing necessary for LNP. 


                    14.2.10 TCG
and Verizon may mutually agree to additional or different terms for the use of
the LRN 10-digit unconditional trigger. 


          14.3 Procedures for Providing NP Through Full NXX Code
Migration 


          Where
a Party has activated an entire NXX for a single Customer, activated a portion
of the NXX for a single customer with the remaining numbers in that NXX
reserved for future use by that Customer, or activated at least eighty percent
(80%) of an NXX for a single Customer, with the remaining numbers in that NXX
unused, if such Customer chooses to receive Telephone Exchange Service from the
other Party, the first Party shall cooperate with the second Party to have the
entire NXX reassigned in the LERG (and associated industry databases, routing
tables, etc.) to an End Office operated by the second Party. Such transfer will
be accomplished with appropriate coordination between the Parties and subject
to appropriate industry lead-times for movements of NXXs from one switch to
another. Neither Party shall charge the other in connection with this
coordinated transfer.


          14.4 Transition from Interim Number Portability (INP)
to LNP


          To the
extent that, notwithstanding the foregoing, LNP is not available with respect
to a particular Verizon Central Office, the Parties shall promptly negotiate in
good faith terms and conditions governing the provision of Interim Number
Portability with respect to such Central Office which shall apply until such
time as LNP is available.


          14.5 Pricing


          Charges
for LNP are set forth in Exhibit A.


	
  

 	
  

 
	
 15.0

 	
 DIALING PARITY — SECTION 251(B)(3) 

 



          15.1 Verizon
and TCG shall each provide the other with Dialing Parity, and with
nondiscriminatory access to such services and information as are necessary to
allow the other Party to implement Dialing Parity, for Telephone Exchange
Service, operator services, directory assistance, and directory listing
information, with no unreasonable dialing delays, as required under Section
251(b)(3) of the Act.


	
  

 	
  

 
	
 16.0

 	
 ACCESS TO RIGHTS-OF-WAY — SECTION 251(B)(4)

 



          To
the extent required by Applicable Law and where facilities are available, each
Party (“Licensor”) shall provide the other Party (“Licensee”) access for
purposes of making attachments to the poles, ducts, rights-of-way and conduits
it owns or controls,


59





pursuant to
any existing or future license agreement between the Parties. Such access shall
be in conformance with 47 U.S.C. § 224 and on terms, conditions and prices
comparable to those offered to any other entity pursuant to each Party’s
applicable Tariffs (including generally available license agreements). 


	
  

 	
  

 
	
 17.0

 	
 DATABASES AND SIGNALING

 



          17.1 Subject
to the terms and conditions set forth in Section 11.5A above, each Party
shall provide the other Party with access to databases and associated signaling
necessary for call routing and completion by providing SS7 Common Channel
Signaling (CCS) Interconnection in accordance with existing Tariffs and
the terms of this Agreement, and Interconnection and access to 8YY databases,
LIDB, and any other necessary databases in accordance with existing Tariffs and
the terms of this Agreement and/or agreements with other unaffiliated
carriers, at the rates set forth in Exhibit A. Alternatively, either Party may
secure CCS Interconnection from a commercial SS7 hub provider, and in that case
the other Party will permit the purchasing Party to access the same databases
as would have been accessible if the purchasing Party had connected directly to
the other Party’s CCS network. In either case, TCG shall comply with Verizon’s
SS7 certification requirements prior to establishing CCS interconnection with
Verizon. Within a commercially reasonable period of time after TCG requests the
CCS certification requirements from Verizon with respect to a particular TCG
switch(es), Verizon shall provide TCG with written updates identifying any
material changes to Verizon’s SS7 certification requirements since the last SS7
certification conducted by the Parties in the Verizon service territory. 


          17.2 The
Parties will provide CCS Signaling to each other, where and as available, in
conjunction with all Reciprocal Compensation Traffic, Internet Traffic, Toll
Traffic, Meet Point Billing Traffic, and Transit Traffic. The Parties will
cooperate on the exchange of TCAP messages to facilitate interoperability of
CCS-based features between their respective networks, including all CLASS
features and functions, to the extent each Party offers such features and
functions to its Customers. All CCS Signaling parameters will be provided upon
request (where available), including called party number, calling party number,
originating line information, calling party category, and charge number. All
privacy indicators will be honored. The Parties will follow all Ordering and
Billing Forum-adopted standards pertaining to CIC/OZZ codes. TCG may order
in-band multi-frequency (MF) wink start signaling for their trunk groups only
where CCS signaling is not available. In such an arrangement, each Party will
outpulse the full ten-digit telephone number of the called party to the other
Party. MF and CCS signaling trunk groups may not be combined or receive traffic
from each other. 


          17.3 The
following publications describe the practices, procedures and specifications
generally utilized by Verizon for signaling purposes and are listed herein to
assist the Parties in their respective Interconnection responsibilities related
to Signaling:


          (a)
The Telcordia Technologies document GR-905-CORE, Common Channel Signaling
Network Interface Specification (CCSNIS) Supporting Network Interconnection,
Message Transfer Part (MTP), and Integrated Services Digital Network


60





(ISDN) User
Part (ISUP) provide a detailed description of current industry practices
regarding CCS Network architecture, and defines specifications relating to CCS
Network Interconnection.


          (b)
Verizon Supplement Common Channel Signaling Network Interface Specification
(Verizon-905) which describes Verizon’s specific requirements in providing
interface capabilities to ICNs (Interconnecting Networks, i.e., Interexchange,
Independent, Reseller, etc.) for connecting to Verizon’s CCS network for those
capabilities and optional parameters which GR-905-CORE defines as being
negotiable between a BOC and the ICN.


          The Parties
may also utilize other industry documents to assist each of them
in their respective interconnection responsibilities related to Signaling. 


          17.4 Each
Party shall charge the other Party rates for CCS signaling, 8YY and access to
databases in accordance with the charges set forth in Exhibit A. 


	
  

 	
  

 
	
 18.0

 	
 COORDINATED SERVICE ARRANGEMENTS

 



          18.1 Intercept and Referral Announcements 


          When
a Customer changes its service provider from Verizon to TCG, or from TCG to
Verizon, and does not retain its original telephone number, the Party formerly
providing service to such Customer shall provide a referral announcement
(“Referral Announcement”) on the abandoned telephone number which provides
details on the Customer’s new number or provide other appropriate information
to the extent known. When a Customer changes its local service provider from
TCG to Verizon or from TCG to a CLEC, where TCG was providing service to the
Customer through unbundled Local Switching, and the Customer does not retain
its original telephone number, TCG shall order the Referral Announcement from
Verizon on behalf of the Customer. Referral Announcements shall be provided
reciprocally, free of charge to either the other Party or the Customer to the
extent the providing Party does not charge its own Customers for such service,
for the time period required under Applicable Law, but in no event less than
six (6) months after the date the Customer changes its telephone number in the
case of business Customers and not less than thirty (30) days after the date
the Customer changes its telephone number in the case of residential Customers.
However, if either Party provides Referral Announcements for different periods
than the above respective periods when its Customers change their telephone
numbers, such Party shall provide the same level of service to Customers of the
other Party. The periods for referral announcement may be shorter if a number
shortage condition is in effect for a particular NXX code and any such shorter
periods are not precluded by Applicable Law. 


          18.2 Customer Contact, Coordinated Repair Calls and
Misdirected Inquiries


                    18.2.1 Verizon will recognize TCG as the
customer of record of all Services ordered by TCG under this Agreement. TCG
shall be the single point of contact for TCG Customers with regard to all
services, facilities or products provided by Verizon


61





to TCG and
other services and products which they wish to purchase from TCG or which they
have purchased from TCG. Communications by TCG Customers with regard to all
services, facilities or products provided by Verizon to TCG and other services
and products which they wish to purchase from TCG or which they have purchased
from TCG, shall be made to TCG, and not to Verizon. TCG shall instruct TCG
Customers that such communications shall be directed to TCG.


                    18.2.2 Requests by TCG Customers for
information about or provision of products or services which they wish to
purchase from TCG, requests by TCG Customers to change, terminate, or obtain
information about, assistance in using, or repair or maintenance of, products
or services which they have purchased from TCG, and inquiries by TCG Customers
concerning TCG’s bills, charges for TCG’s products or services, and, if the TCG
Customers receive dial tone line service from TCG, annoyance calls, shall be
made by the TCG Customers to TCG, and not to Verizon.


                    18.2.3 TCG and Verizon will employ the
following procedures for handling misdirected repair calls:


                              18.2.3.1 TCG and Verizon will educate their
respective Customers as to the correct telephone numbers to call in order to
access their respective repair bureaus.


                              18.2.3.2 To
the extent Party A is identifiable as the correct provider of service to
Customers that make misdirected repair calls to Party B, Party B will
immediately refer the Customers to the telephone number provided by Party A, or
to an information source that can provide the telephone number of Party A, in a
courteous manner and at no charge. In responding to misdirected repair calls,
neither Party shall make disparaging remarks about the other Party, its
services, rates, or service quality. 


                              18.2.3.3 TCG
and Verizon will provide their respective repair contact numbers to one another
on a reciprocal basis.


                    18.2.4 In addition to section 18.2.3 addressing misdirected repair calls, the
Party receiving other types of misdirected inquiries from the other Party’s
Customer shall not in any way disparage the other Party. 


          18.3 Customer Authorization 


                    18.3.1 Without in any way limiting either Party’s obligations under Subsection
27.1, each Party shall comply with Applicable Laws with regard to Customer
selection of a primary Telephone Exchange Service provider. Until the
Commission and/or FCC adopts regulations and/or orders applicable to Customer
selection of a primary Telephone Exchange Service provider, each Party shall
adhere to the rules and procedures set forth in Section 64.1100 through 1190 of
the FCC Rules, 47 CFR § 64.1100 through 1190, in effect on the Effective Date
hereof when ordering, terminating, or otherwise changing Telephone Exchange
Service on behalf of the other Party’s or another carrier’s Customers.


62






                    18.3.2 In the event either Party requests that the other Party install, provide,
change, or terminate a Customer’s Telecommunications Service (including, but
not limited to, a Customer’s selection of a primary Telephone Exchange Service
Provider) and (a) fails to provide documentary evidence of the Customer’s
primary Telephone Exchange Service Provider selection upon reasonable request,
or (b) fails to obtain authorization from the Customer for such installation,
provision, selection, change or termination in accordance with Applicable Law,
then in addition to any other rights or remedies available to the other Party,
the requesting Party shall be liable to the other Party for all charges that
would be applicable to the Customer for the initial change in the Customer’s
Telecommunications Service and any charges for restoring the Customer’s
Telecommunications Service to its Customer-authorized condition, including to
the appropriate primary Telephone Exchange Service provider. 


                    18.3.3 Without in any way limiting either Party’s obligations under Subsection
27.1, both Parties shall comply with Applicable Laws with regard to Customer
Proprietary Network Information, including, but not limited to, 47 U.S.C.
§ 222. TCG shall not access (including, but not limited to, through
Verizon OSS as defined in Schedule 11), use, or disclose Customer Proprietary
Network Information made available to TCG by Verizon pursuant to this Agreement
unless TCG has obtained any Customer authorization for such access, use and/or
disclosure required by Applicable Laws. By accessing, using or disclosing
Customer Proprietary Network Information, TCG represents and warrants that it
has obtained authorization for such action from the applicable Customer in the
manner required by Applicable Law and this Agreement. TCG shall, upon
reasonable request by Verizon, provide proof of such authorization (including a
copy of any written authorization). In the event TCG makes available an TCG
operations support system for access and use by Verizon, Verizon agrees that
the same conditions that apply to TCG in this Subsection 18.3.3 for accessing,
using or disclosing Customer Proprietary Network Information made available to
TCG shall apply to Verizon when accessing, using or disclosing CPNI made
available to Verizon. 


                    18.3.4 Verizon shall have the right to monitor and/or audit TCG’s access to and
use and/or disclosure of Customer Proprietary Network Information that is made
available by Verizon to TCG pursuant to this Agreement to ascertain whether TCG
is complying with the requirements of Applicable Law and this Agreement with
regard to such access, use, and/or disclosure. Verizon may exercise this right
to audit once annually upon reasonable written notice to TCG. Verizon may also
employ such assistance as it deems desirable to conduct such audits (such as an
outside auditor) so long as the party providing assistance agrees to be bound
by a confidentiality agreement containing terms substantially similar to the
terms in Section 28.5 of this Agreement. To the extent permitted by Applicable
Law, the foregoing rights shall include, but not be limited to, the right to
electronically monitor TCG’s access to and use of Customer Proprietary Network
Information that is made available by Verizon to TCG pursuant to this
Agreement. The results of any audit and/or monitoring of TCG’s access to and/or
use of CPNI pursuant to this Section 18.3.4 shall be subject to the
confidentiality provisions (Section 28.5) of this Agreement and shall not be
used by Verizon for any marketing purposes, except as permitted by Applicable
Law. 


63





                    18.3.5 At such time that TCG provides access to TCG Customer Proprietary Network
Information, TCG shall have the right to monitor and/or audit Verizon’s access
to and use and/or disclosure of TCG’s Customer Proprietary Network Information,
on the same terms as provided in Section 18.3.4 above.


          18.4 Cooperation With Law Enforcement


                    18.4.1 Each Party may cooperate with law enforcement authorities to the full
extent required or permitted by Applicable Law in matters related to services
provided by each Party hereunder, including, but not limited to, the production
of records; the establishment of new lines or the installation of new services
on an existing line in order to support law enforcement operations; and the
installation of wiretaps, trap-or-trace devices and pen registers. Neither
Party shall have the obligation to inform the other Party nor the other Party’s
Customers of such law enforcement requests, except to the extent required by
Applicable Law Where a law enforcement request relates to the establishment of
new lines (including, but not limited to, lines established to support
interception of communications on other lines), or the installation of services
on existing lines, either Party may take measures to prevent other LECs from
obtaining access to information concerning such lines or services through
operations support system interfaces, whenever an appropriate governmental
authority so requests. A request that the existence of the lines or services
not be disclosed shall be interpreted as including a request to block access to
information concerning the lines or services through operations support system
interfaces. Neither Party will be liable to any person for any economic harm,
personal injury, invasion of any right of privacy, or any other harm, loss or
injury, caused or claimed to be caused, directly or indirectly, by actions
taken by that Party to block, or by its failure to block, access to information
concerning particular lines or services through operations support systems
interfaces or otherwise.


                    18.4.2 Each Party shall bill the appropriate law enforcement agency for these
services under its customary practices. Where the law enforcement agency will
not reimburse the Party for its compliance with a court order or other request
for information, each Party shall be responsible for its own costs associated
with compliance or assisting the other Party to comply.


                    18.4.3 Each Party shall provide the other Party with a Single Point of Contact
(“SPOC”) with whom to interface on a twenty-four (24) hour, seven (7) days a
week basis on law enforcement issues. A Party may designate a SPOC at one or
more centers that such Party utilizes for purposes of law enforcement
inquiries.


                    18.4.4 Where one Party requests the assistance of the other Party in responding
to a request from law enforcement authorities, the Parties shall cooperate in
responding to such request to the extent permitted by Applicable Law. 


          18.5 Resolution of Annoyance/Harassing Calls


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          Each
Party will work cooperatively and jointly with the other Party in resolving
annoyance/harassing calls to a Party’s Customer where the services or
information of one or both Parties is needed to resolve the annoyance/harassing
calls. 


          18.6 Customer Credit History


          Nothing
in this Agreement shall preclude disclosure between the Parties of information
on end user customer credit histories consistent with Applicable Law. 


	
  

 	
  

 
	
 19.0

 	
 DIRECTORY SERVICES ARRANGEMENTS

 



          Upon
request, Verizon will provide certain directory services to TCG in accordance
with the terms as set forth herein. In this Section 19 of this Agreement,
references to TCG Customer’s “primary listing” shall mean such Customer’s
primary name, address, and telephone number, which number falls within the NXX
code directly assigned to TCG or is retained by TCG on the Customer’s behalf
pursuant to Number Portability arrangements with Verizon or any other carrier
within the geographic area covered in the relevant Verizon directory. 


          19.1 Directory Listings and Directory Distributions


                    19.1.1 Verizon will include, at such rates permitted by Applicable Law, TCG’s
Customer’s primary listing in the appropriate “White Pages” directories
(residence and business listings) and “Yellow Pages” directories (business
listings), as well as in electronic directories in which Verizon’s own
customers are ordinarily included and directory assistance databases. Verizon
will distribute such directories, at such rates permitted by Applicable Law, to
such Customers, in an identical manner in which it provides those functions for
its own Customers. Listings of TCG’s Customers will be interfiled with listings
of Verizon’s Customers and the Customers of other LECs included in the Verizon
directories. Where required, TCG will pay Verizon such rates permitted by
Applicable Law for providing, as the case may be, for additional and foreign
white page listings and other white pages services for TCG’s Customers. Verizon
will not require a minimum number of listings per order. 


                    19.1.2 Upon
request by TCG, Verizon will make available to TCG a directory list of relevant
NXX codes, the close dates, publishing data, yellow page headings and call
guide close dates on the same basis as such information is provided to
Verizon’s own business offices. 


                    19.1.3 TCG
shall provide Verizon with daily listing information on all new TCG Customers
in the format required by Verizon or a mutually-agreed upon industry standard
format, at no charge. The information shall include the Customer’s name,
address, telephone number, the delivery address and number of directories to be
delivered, and, in the case of a business listing, the primary business heading
under which the business Customer desires to be placed, and any other
information necessary for the publication and delivery of directories. TCG will
also provide Verizon with daily listing information showing Customers that have
disconnected or terminated their service with


65





TCG. Verizon
will promptly provide TCG with confirmation of listing order activity, either
through a verification report or a query on any listing which was not
acceptable. 


                    19.1.4 Verizon
will accord TCG’s directory listing information the same level of
confidentiality which Verizon accords its own directory listing information,
and Verizon shall ensure that access to TCG’s directory listing information
will be used solely for the purpose of providing directory services; provided,
however, that should it determine to do so, Verizon may use or license
information contained in its directory listings for direct marketing purposes
so long as the TCG Customers are not separately identified as such; and
provided further that TCG may identify those of its Customers that request that
their names not be sold for direct marketing purposes, and Verizon will honor
such requests to the same extent as it does for its own Customers.


                    19.1.5 Both
Parties shall use commercially reasonable efforts to ensure the accurate
listing of TCG Customer listings. At TCG’s request, Verizon shall provide TCG
with a report of all TCG Customer listings normally no more than ninety (90)
days and no less than thirty (30) days prior to the service order close date
for the applicable directory. Verizon will process any corrections made by TCG
with respect to its listings, provided such corrections are received prior to
the close date of the particular directory. Verizon will provide appropriate
advance notice of applicable close dates.


                    19.1.6 Verizon’s
liability to TCG in the event of a Verizon error in or omission of a listing
shall be the same as Verizon’s liability to its own end user Customers for such
errors in or omissions of listings. In addition, TCG agrees to take, with
respect to its own Customers, all reasonable steps to ensure that its and
Verizon’s liability to TCG’s Customers in the event of a Verizon error in or
omission of a listing shall be subject to the same limitations that Verizon’s
liability to its own Customers are subject to. 


                    19.1.7 TCG
will adhere to all practices, standards, and ethical requirements of Verizon
with regard to listings, and, by providing Verizon with listing information,
warrants to Verizon that TCG has the right to place such listings on behalf of
its Customers. Verizon will provide TCG, upon request, a copy of the Verizon
listings standards and specifications manual. TCG agrees to release, defend,
hold harmless and indemnify Verizon from and against any and all claims,
losses, damages, suits, or other actions, or any liability whatsoever,
suffered, made, instituted, or asserted by any person arising out of Verizon’s
listing of the listing information provided by TCG hereunder, except for any
actions arising from Verizon’s willful misconduct. 


          19.2 Service Information Pages


Verizon will
include all TCG NXX codes associated with the areas to which each directory
pertains, to the extent it does so for Verizon’s own NXX codes, in any lists of
such codes which are contained in the general reference portions of the
directories. TCG’s NXX codes shall appear in such lists in the same manner as
Verizon’s NXX information. In addition, when TCG is authorized to, and is
offering, local service to


66





end-users
located within the geographic region covered by a specific directory, at TCG’s
request, Verizon will include in the “Customer Guide” or comparable section of
the applicable white pages directories: listings provided by TCG for TCG’s
installation; repair and customer service; and other local service oriented information
(including appropriate identifying logo) as agreed to by the Parties. Such
contact information shall appear alphabetically by local exchange carrier and
in accordance with Verizon’s generally applicable policies. TCG will be
responsible for providing the necessary information to Verizon by the
applicable close date for the particular directory. Verizon will provide TCG
with the close dates and reasonable notice of any changes in said dates.
Verizon shall not charge TCG for inclusion of this local service oriented
information, but reserves the right to impose charges on other information TCG
may elect to submit and Verizon may elect to accept for inclusion in Verizon’s
white pages directories. 


          19.3 Directory Publication


Nothing in
this Agreement shall require Verizon to publish a directory where it would not
otherwise do so.


          19.4 Other Directory Services


TCG
acknowledges that if TCG desires directory services in addition to those
described herein, such additional services must be obtained under separate
agreement with Verizon’s directory publishing company.


          19.5 Directory Assistance (DA) and Operator Services
(OS) 


                    19.5.1 Either
Party may request that the other Party provide the requesting Party with
nondiscriminatory access to the other Party’s directory assistance services
(DA), IntraLATA operator call completion services (OS) and/or directory
assistance listings database. If either Party makes such a request, the Parties
shall enter into a mutually acceptable written agreement or a mutually
acceptable amendment to this Agreement for such access.


                    19.5.2 TCG
shall arrange, at its own expense, the trunking and other facilities required
to transport traffic to and from the designated DA and OS switch locations. 


	
  

 	
  

 
	
 20.0

 	
 RATES AND CHARGES; ASSURANCE OF PAYMENT

 



          20.1 Except
as provided in Sections 11 and 20 hereof, the rates and charges set forth in
Exhibit A hereto shall apply to the services, facilities, and arrangements provided
hereunder. 


          20.2 Where
there is an applicable Tariff, the rates and charges contained in that Tariff
shall apply except if the Parties agree in writing that other rates and charges
shall apply or if the Commission issues an effective order that other rates and
charges shall


67





apply. In
addition, the rates and charges set forth in Exhibit A shall be superseded, on
a prospective basis (unless the Commission, the FCC or other governmental body
of competent jurisdiction orders that such new rates or charges be applied on
other than a prospective basis (e.g., retroactive true-up), in which case the
Parties shall comply with the terms of such order, to the extent that it is
effective), by any new rate or charge when such new rate or charge is required
by any order of the Commission, the FCC or other governmental body of competent
jurisdiction, approved by the Commission, the FCC or other governmental body of
competent jurisdiction, or otherwise allowed to go into effect, provided such
new rates or charges are not subject to a stay issued by any court of competent
jurisdiction.


          20.3 Notwithstanding
any other provision of this Agreement, TCG may not charge Verizon a rate higher
than the Verizon rates and charges for the comparable services, facilities and
arrangements (and, for the avoidance of any
doubt and for purposes of this Section, space license arrangements that Verizon
uses at an TCG premises in accordance with Section 4.2.2.3 are considered
comparable to collocation arrangements that TCG uses at a Verizon Wire Center),
except if and, to the extent that, TCG has submitted a cost study for the
subject rate(s), the Commission has approved such higher rate(s) and the higher
rate(s) is not subject to a stay issued by a court of competent jurisdiction. 


          20.4 If
rates and charges for a service provided under this Agreement are not specified
in this Agreement (including, without limitation, by the absence of such rates
and charges in a Party’s Tariffs), the rates and charges for the service shall
be as mutually agreed to by the Parties in writing, subject to the
requirements, if any, of Applicable Law; provided, however, that if the Parties
are unable to mutually agree to a rate or charge, the matter shall be subject
to Dispute Resolution under Section 28.11 of this Agreement.


          20.5 Notwithstanding
any other provision of this Agreement, each Party reserves its respective
rights to institute an appropriate proceeding with the FCC, the Commission or
other governmental body of appropriate jurisdiction: (a) with regard to the
rates and charges for its services (including, but not limited to, a proceeding
to change the rates and charges for its services, whether provided for in any
of its Tariffs, in Exhibit A or otherwise); and (b) with regard to the rates
and charges of the other Party (including, but not limited to, a proceeding to
obtain a reduction in such rates and charges and a refund of any amounts paid
in excess of any rates and charges that are reduced).


          20.6 Upon
request by Verizon, TCG shall, at any time and from time to time, provide to
Verizon adequate assurance of payment of amounts due (or to become due) to
Verizon hereunder. Assurance of payment of charges may be requested by Verizon
if TCG (a) in Verizon’s reasonable judgment, at the Effective Date or at any
time thereafter, is unable to demonstrate that it is creditworthy, (b) fails to
timely pay a bill (in respect of amounts not subject to a bona fide dispute) rendered
to TCG by Verizon, (c) in Verizon’s reasonable judgment, at the Effective Date
or at any time thereafter, does not have established credit with Verizon or (d)
admits its inability to pay its debts as such debts become due, has commenced a
voluntary case (or has had a case commenced against it) under the U.S.
Bankruptcy Code or any other law relating to bankruptcy,


68





insolvency,
reorganization, winding-up, composition or adjustment of debts or the like, has
made an assignment for the benefit of creditors or is subject to a receivership
or similar proceeding. Unless otherwise agreed by the Parties, the assurance of
payment shall, at Verizon’s option, consist of (i) a cash security deposit in
U.S. dollars held in an account by Verizon or (ii) an unconditional,
irrevocable standby letter of credit naming Verizon as the beneficiary thereof
and otherwise in form and substance satisfactory to Verizon from a financial
institution acceptable to Verizon, in either case in an amount equal to two (2)
months anticipated charges (including, without limitation, both recurring and
non-recurring charges), as reasonably determined by Verizon, for the services,
facilities or arrangements to be provided by Verizon to TCG in connection with
this Agreement. To the extent that Verizon opts for a cash deposit, the Parties
intend that the provision of such deposit shall constitute the grant of a
security interest pursuant to Article 9 of the Uniform Commercial Code as in
effect in any relevant jurisdiction. If required by an applicable Verizon
Tariff or by Applicable Law, interest will be paid on any such deposit held by
Verizon at the higher of the stated interest rate in such Tariff or in the
provisions of Applicable Law. Verizon may (but is not obligated to) draw on the
letter of credit or funds on deposit in the account, as applicable, upon notice
to TCG in respect of any amounts billed hereunder that are not paid within
thirty (30) days of the date of the applicable statement of charges prepared by
Verizon. The fact that a security deposit or a letter of credit is requested by
Verizon hereunder shall in no way relieve TCG from compliance with Verizon’s
regulations as to advance payments and payment for service, nor constitute a
waiver or modification of the terms herein pertaining to the discontinuance of
service for nonpayment of any sums due to Verizon for the services, facilities
or arrangements rendered.


	
  

 	
  

 
	
 21.0

 	
 INSURANCE 

 



          21.1 Each
Party shall secure and maintain at its expense during the term of this
Agreement all insurance and/or bonds required to satisfy its obligations under
this Agreement (including, without limitation, its obligations set forth in
Section 24 hereof) and all insurance and/or bonds required by Applicable Law.
At a minimum and without limiting the foregoing covenant, each Party shall
maintain the following insurance:


          (a)
Commercial General Liability Insurance, on an occurrence basis, including but
not limited to, premises-operations, broad form property damage,
products/completed operations, contractual liability, independent contractors,
and personal injury, with limits of at least $2,000,000 combined single limit
for each occurrence.


          (b)
Commercial Automobile Liability insurance covering all owned, non-owned and
hired vehicles for a minimum combined single limit of $1,000,000 per
occurrence, 


          (c)
Excess Liability, in umbrella form, with limits of at least $10,000,000 for
each occurrence.


69





          (d)
Worker’s Compensation Insurance as required by Applicable Law and Employer’s
Liability Insurance with limits of not less than $2,000,000 per occurrence.


          21.2 TCG
shall name Bell Atlantic Corporation and Verizon as additional insureds on the
foregoing insurance, except with respect to Workers’ Compensation Insurance.


          21.3 All
insurers must be licensed to do business in the state in which the work is to
be performed and/or services rendered, and must have an A.M. Best Rating AX or
better. TCG shall, within two (2) weeks of the date hereof and on a semi-annual
basis thereafter, furnish ACORD certificates or other proof of the foregoing
insurance acceptable to Verizon. The certificates or other proof of the
foregoing insurance shall be sent to: Director - Contract Performance and
Administration; Verizon Wholesale Markets; 600 Hidden Ridge; HQEWMNOTICES;
Irving, TX 75038. In addition, TCG shall require its agents, representatives,
and contractors, if any, that may enter upon the premises of Verizon or
Verizon’s affiliated companies to maintain similar and appropriate insurance
and, if requested, to furnish Verizon certificates or other adequate proof of
such insurance acceptable to Verizon. Certificates furnished by TCG or TCG’s
agents, representatives, or contractors shall contain a clause stating:
“Verizon New York Inc. shall be notified in writing at least thirty (30) days
prior to cancellation of, or any material change in, the insurance.”


          21.4 No
Limitation. Each Party is responsible for determining whether the
above minimum insurance coverages are adequate to protect its interests. The
above minimum coverages do not constitute limitations upon either Party’s
liability.


          21.5 Verizon
and TCG agree that each Party may satisfy the requirements of this Section 21
through self-insurance; provided that, upon request from one Party to the
self-insuring Party, the self-insuring Party shall provide to the requesting
Party a letter of self insurance or other documentation of self insurance
satisfactory to the requesting Party.


          21.6 Upon
request from TCG, Verizon shall provide a certificate of insurance or other
acceptable proof of the foregoing insurance which shall be sent to: 


	
  

 	
  

 
	
  

 	
 Risk
 Management Department

 
	
  

 	
 295 N. Maple
 Avenue

 
	
  

 	
 Room 7146K2

 
	
  

 	
 Basking
 Ridge, NJ 07920-1002

 






	
  

 	
  

 
	
 22.0

 	
 TERM AND TERMINATION; DEFAULT

 



          22.1 This
Agreement shall be effective as of the date first above written and, unless
terminated earlier in accordance with the terms hereof, shall continue in
effect until June 23, 2005 (the “Initial Term”), and thereafter
the Agreement shall continue in force and effect on a month-to-month basis
unless and until terminated as provided herein. 


70





          22.2
[Intentionally deleted]


          22.3 Either
TCG or Verizon may terminate this Agreement, effective upon the expiration of
the Initial Term or effective upon any date after expiration of the Initial
Term, by providing written notice of termination at least ninety (90) days, but
not greater than nine (9) months, in advance of the date of termination. In the
event of such termination, if neither Party has requested renegotiation of a
successor interconnection agreement pursuant to Section 22.4, the service
arrangements made available under this Agreement and existing at the time of
termination shall, unless otherwise agreed to by the Parties, continue without
interruption under (a) standard Interconnection terms and conditions approved
and made generally effective by the Commission, (b) Tariff terms and conditions
generally available to CLECs or (c) if none of the above is available, under the
terms of this Agreement on a month-to-month basis until such time as a new
agreement is entered into, or if no agreement is entered into, until (a) or (b)
becomes available. 


          22.4 TCG
(i) may make, at its option, nine (9) months prior to the expiration of the
Initial Term, or (ii) shall make, at Verizon’s request, but no earlier than
nine (9) month prior to the end of the Initial Term, a written request to
Verizon to renegotiate the terms of this Agreement pursuant to Section
251(c)(1) of the Act (“Request for Renegotiation”). The date of receipt of such
Request for Renegotiation shall be the “Renegotiation Request Date”. Any such
Request for Renegotiation shall be deemed by both Parties to be
notice of termination of this Agreement and a good faith request for
Interconnection pursuant to Section 252 of the Act (or any successor
provision). The terms and conditions of this Agreement shall remain in effect
during the period of renegotiations; provided, however, if the Parties do not
execute a new interconnection agreement within one hundred and sixty (160) days
after the Renegotiation Request Date, the terms and conditions of this
Agreement shall continue in full force and effect only if TCG files an
arbitration petition pursuant to Section 252(b) of the Act, in which case, this
Agreement shall remain in effect until the Parties execute a successor
agreement. 


                    22.4.1 If
either Party defaults in the payment of any amount due hereunder, except for
amounts subject to a bona fide dispute pursuant to Section 28.9 hereof with
respect to which the disputing party has complied with the requirements of
Section 28.9 in its entirety or if either Party materially violates any other
material provision of this Agreement, and such default or violation shall
continue for sixty (60) days after written notice thereof, the other Party may
terminate this Agreement or suspend the provision of any or all services
hereunder by providing written notice to the defaulting Party. At least
twenty-five (25) days prior to the effective date of such termination or
suspension, the other Party must provide the defaulting Party and the
appropriate federal and/or state regulatory bodies with written notice of its
intention to terminate the Agreement or suspend service if the default is not
cured. Notice shall be posted by overnight mail, return receipt requested. If
the defaulting Party cures the default or violation within the sixty (60) day
period, the other Party shall not terminate the Agreement or suspend service provided
hereunder but shall be entitled to recover all reasonable costs, if any,
incurred by it in connection with the default or violation,


71






including,
without limitation, costs incurred to prepare for the termination of the
Agreement or the suspension of service provided hereunder. 


                    22.4.2 If a good faith dispute arises
between the Parties as to whether the breaching Party has materially violated a
material provision of this Agreement (other than an obligation to make payment
of any amount billed under this Agreement, in which case, Section 28.9 shall
apply) and the dispute resolution process identified in Section 28.11 applies
to the subject matter of such dispute, the alleged breach or violation shall
not constitute cause for termination of this Agreement or suspension of the
provision of services hereunder, if: (a) within thirty (30) days of the date
that the other Party gives the breaching Party written notice of such alleged
breach or violation, the breaching Party gives the other Party written notice
of the dispute, including the basis therefor, and initiates the process for
resolution of disputes identified in Section 28.11; (b) the breaching Party
complies with and completes the process identified in Section 28.11 for
resolution of the dispute; and, (c) within thirty (30) days after the
completion of such process for resolution of the dispute identified in Section
28.11 (or such longer period as may be agreed to by the Parties or allowed
pursuant to the dispute resolution process), the breaching Party cures any
breach that has been determined in the dispute resolution process to have
occurred, and takes any other action to resolve the dispute agreed upon by the
Parties or as directed in accordance with the dispute resolution process. The
existence of such a dispute shall not relieve the breaching Party of its duty
to otherwise comply with this Agreement and to perform all of its other
obligations under this Agreement. 


          22.5 Upon the termination or expiration of
this Agreement, TCG may itself provide or retain another vendor to provide
Resold Services, Network Elements, Combinations or other services comparable to
those furnished under the terms of this Agreement. Verizon agrees to cooperate
with TCG and to use commercially reasonable efforts to effect an orderly and
efficient transition to TCG or TCG’s new vendor. 


23.0 DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES 


          EXCEPT
AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT (OR AS MAY BE PROVIDED UNDER
APPLICABLE LAW), NEITHER PARTY MAKES OR RECEIVES ANY WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES, FACILITIES OR ARRANGEMENTS PROVIDED
HEREUNDER OR CONTEMPLATED BY THIS AGREEMENT AND THE PARTIES DISCLAIM ANY OTHER
WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. 


24.0 INDEMNIFICATION 


          24.1 Each Party (“Indemnifying Party”)
shall indemnify, defend and hold harmless the other Party (“Indemnified Party”)
from and against any and all Losses that arise out of bodily injury to or death
of any person, or damage to, or destruction or loss of, tangible real and/or
personal property of any person, to the extent such injury, death, 


72





damage,
destruction or loss, was proximately caused by the negligent or otherwise
tortious acts or omissions in connection with this Agreement of the
Indemnifying Party, or the directors, officers, employees, agents, or
contractors (excluding the Indemnified Party), of the Indemnifying Party. 


          24.2 Nothing in Section 24.0 shall affect
or limit any claims, remedies, or other actions the Indemnifying Party may have
against the Indemnified Party under this Agreement, any other contract, any
applicable Tariff(s), or Applicable Law, relating to the Indemnified Party’s
provision of services, facilities or arrangements to the Indemnifying Party
under this Agreement. 


          24.3 An Indemnifying Party’s obligation to
indemnify, defend and hold harmless the Indemnified Party as provided in this
Section 24.0 shall be conditioned upon the following: 


          a)
The Indemnified Party shall promptly notify the Indemnifying Party of any
action taken against the Indemnified Party relating to the Indemnifying Party’s
obligations under this Section 24.0. However, the failure to give such notice
shall release the Indemnifying Party from its obligations under this Section
24.0 only to the extent the failure to give such notice has prejudiced the
Indemnifying Party. 


          b)
The Indemnifying Party shall have sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Party may engage
separate legal counsel only at the Indemnified Party’s sole cost and expense. 


          c)
In no event shall the Indemnifying Party settle or consent to any judgment in
an action without the prior written consent of the Indemnified Party, which
consent shall not be unreasonably withheld. However, in the event the
settlement or judgment requires a contribution from or affects the rights of
the Indemnified Party, the Indemnified Party shall have the right to refuse
such settlement or judgment and, at its own cost and expense, take over the
defense against such Loss, provided that in such event the Indemnifying Party
shall not be responsible for, nor shall it be obligated to indemnify the
Indemnified Party against, the Loss for any amount in excess of such refused
settlement or judgment. 


          d)
The Indemnified Party shall, in all cases, assert any and all provisions in its
Tariffs that limit liability to third parties as a bar to any recovery by the
third party claimant in excess of such limitation of liability. 


          e)
The Indemnified Party shall offer the Indemnifying Party all reasonable
cooperation and assistance in the defense of any such action. 


          24.4 Each Party agrees that it will not
implead or bring any action against the other Party or its affiliates, or any
of their respective directors, officers, agents or employees, based on any
claim by any person for personal injury or death that occurs in the course or
scope of employment of such person by the other Party and that arises out of
performance of this Agreement. 


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          24.5 In addition to the other obligations
under this Section 24.0, each Party shall, to the extent allowed by Applicable
Law, provide in its Tariffs that, except for gross negligence or willful
misconduct, in no case shall such Party or any of its agents, contractors or
others retained by such Party be liable to any Customer or third party for (i)
any loss relating to or arising out of the services, facilities or arrangements
obtained or provided under this Agreement, whether in contract or tort, that
exceeds the amount such Party would have charged the applicable Customer for
the service(s) or function(s) that gave rise to such loss, and (ii)
Consequential Damages. 


          24.6 Notwithstanding any other provision of
this Agreement, with respect to Verizon’s provision of Line Sharing to TCG
hereunder, each Party shall release, indemnify, defend and hold harmless the
other Party for any Loss suffered, made, instituted, or asserted by the other
Party’s Customer(s) that arise from disruptions to that Customer’s service or
from any violation of Applicable Law governing the privacy of the Customer’s
communications, and that are proximately caused by the grossly negligent or
willful acts or omissions of the Indemnifying Party in connection with a Line
Sharing arrangement. 


25.0 LIMITATION OF LIABILITY 


          25.1 As used in this Section 25, “Service
Failure” means a failure to comply with a direction to install, restore or
terminate Services under this Agreement, a failure to provide Services under
this Agreement, and failures, mistakes, omissions, interruptions, delays,
errors, defects or the like, occurring in the course of the provision of any
Services under this Agreement. 


          25.2 Except as otherwise stated in Section
25.5, the liability, if any, of a Party, a Party’s Affiliates, and the
directors, officers and employees of a Party and a Party’s Affiliates, to the
other Party, the other Party’s Customers, and to any other person, for Claims
arising out of a Service Failure shall not exceed an amount equal to the pro
rata applicable monthly charge for the Services that are subject to the Service
Failure for the period in which such Service Failure occurs. 


          25.3 Except as otherwise stated in Section
25.5, a Party, a Party’s Affiliates, and the directors, officers and employees
of a Party and a Party’s Affiliates, shall not be liable to the other Party,
the other Party’s Customers, or to any other person, in connection with this
Agreement (including, but not limited to, in connection with a Service Failure
or any breach, delay or failure in performance, of this Agreement) for special,
indirect, incidental, consequential, reliance, exemplary, punitive, or like
damages, including, but not limited to, damages for lost revenues, profits or
savings, or other commercial or economic loss, even if the person whose
liability is excluded by this Section has been advised of the possibility of
such damages. 


          25.4 The limitations and exclusions of
liability stated in Sections 25.1 through 25.3 shall apply regardless of the
form of a claim or action, whether statutory, in contract, warranty, strict
liability, tort (including, but not limited to, negligence of a Party), or
otherwise. 


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          25.5 Nothing contained in Sections 25.1
through 25.4 shall exclude or limit liability: 


                    25.5.1 under Sections 24, Indemnification
or 28.7, Taxes. 


                    25.5.2 for any obligation to indemnify,
defend and/or hold harmless that a Party may have under this Agreement. 


                    25.5.3 for damages arising out of or
resulting from bodily injury to or death of any person, or damage to, or
destruction or loss of, tangible real and/or personal property of any person,
or Toxic or Hazardous Substances, to the extent such damages are otherwise
recoverable under Applicable Law; 


                    25.5.4 for a claim for infringement of any
patent, copyright, trade name, trade mark, service mark, or other intellectual
property interest; 


                    25.5.5 under Section 258 of the Act or any
order of FCC or the Commission implementing Section 258; 


                    25.5.6 under the financial incentive or
remedy provisions of any service quality plan required by the FCC or the
Commission; 


                    25.5.7 for bill credit remedies and damages
in connection with failure to meet the carrier-to-carrier service quality
standards set forth in Schedule 26.0 to this Agreement; 


                    25.5.8 for remedies, relief or sanctions
that are ordered pursuant to Section 28.11 (Dispute Resolution) of this
Agreement; 


                    25.5.9 for any liability Verizon may have
under Section 5.8.3.1 of this Agreement; or 


                    25.5.10 for a Party’s willful misconduct.


          25.6 In the event that the liability of a
Party, a Party’s Affiliate, or a director, officer or employee of a Party or a
Party’s Affiliate, is limited and/or excluded under both this Section 25 and a
provision of an applicable Tariff, the liability of the Party or other person
shall be limited to the larger of the amounts for which such Party or other
person would be liable under this Section or the Tariff provision. 


          25.7 Each Party shall, in its Tariffs
provide that in no case shall the other Party, the other Party’s Affiliates, or
the directors, officers or employees of the other Party or the other Party’s
Affiliates, be liable to such Customers or other third-persons for any special,
indirect, incidental, consequential, reliance, exemplary, punitive or other
damages, arising out of a Service Failure. 


          25.8 For purposes of this Agreement,
“Claims” shall mean any and all claims, demands, suits, actions, settlements,
judgments, fines, penalties, liabilities, injuries, 


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damages,
losses, costs (including, but not limited to court costs), and expenses
(including, but not limited to, reasonable attorney’s fees). 


26.0 SERVICE QUALITY MEASUREMENT REPORTS,
STANDARDS AND REMEDIES 


          26.1 Verizon shall provide services,
facilities and arrangements under this Agreement in accordance with the
performance standards required by Applicable Law, including, but not limited
to, Section 251(c) of the Act. 


                    26.1.1 Schedule 26.0, “Unbundled Network
Element Performance Standard Categories and Remedies” is made a part of this
Agreement. 


          26.2 To the extent required by Applicable
Law, Verizon shall provide performance measurement reports and remedies
payments to TCG in accordance with the Performance Assurance Plan filed by
Verizon with the Commission pursuant to the Commission’s orders in Case
99-C-0949, Petition Filed by Bell
Atlantic-New York for Approval of a Performance Assurance Plan and Change
Control Assurance Plan, filed in C 97-C-0271 (and successor
proceedings before the Commission), as such Performance Assurance Plan may be
modified from time-to-time. In addition to the foregoing, Verizon shall comply
with its reporting and bill credit requirements set forth in Schedule 26.0. 


27.0 COMPLIANCE WITH LAWS; REGULATORY
APPROVAL 


          27.1 Each Party shall remain in compliance
with all Applicable Law in the course of performing this Agreement. Each Party
shall promptly notify the other Party in writing of any governmental action
that suspends, cancels, withdraws, limits, or otherwise materially affects its
ability to perform its obligations hereunder. 


          27.2 Each Party shall reasonably cooperate
with the other in obtaining and maintaining any required regulatory approvals
for which the Party is responsible in connection with the performance of its
obligations under this Agreement.


          27.3 Each Party covenants and agrees to
fully support approval of this Agreement by the Commission or the FCC under
Section 252 of the Act without modification, subject to the rights of the
Parties to appeal or challenge arbitrated provisions or arbitration decisions.
The Parties also reserve the right to seek regulatory relief and otherwise seek
redress from each other regarding performance and implementation of this Agreement.
In the event the Commission, the FCC or any court rejects this Agreement in
whole or in part, the Parties agree to meet and negotiate in good faith to
arrive at a mutually acceptable modification of the rejected portion(s). 


          27.4 In the event that any legislative,
regulatory, judicial or other legal action materially affects any material term
of this Agreement or the rights or obligations of either TCG or Verizon
hereunder or the ability of TCG or Verizon to perform any material provision hereof,
the Parties shall renegotiate in good faith such affected 


76





provisions
with a view toward agreeing to acceptable new terms as may be required or
permitted as a result of such legislative, regulatory, judicial or other legal
action. Either Party may request such renegotiation by written notice to the
other Party. The Parties shall thereafter renegotiate in good faith such
mutually acceptable new or revised terms as may be required. Unless otherwise
agreed to by the Parties, if, within thirty (30) days of the receipt of the
request for renegotiation, the Parties have not agreed on mutually acceptable
new or revised terms, or if at any
time during such 30-day period the Parties shall have ceased to negotiate such
new or revised terms for a continuous period of fifteen (15) days, either Party
may pursue any remedies available to it under this Agreement, at law, in
equity, or otherwise, including, but not limited to, instituting an appropriate
proceeding before the Commission, the FCC, or a court of competent
jurisdiction.


                    27.4.1 During the pendency of any
renegotiation or dispute resolution pursuant to Section 27.4 above, the Parties
shall continue to perform their obligations in accordance with the terms and
conditions of this Agreement, unless the Commission, the Federal Communications
Commission, or a court of competent jurisdiction determines that modifications
to this Agreement are required to bring it into compliance with the Act, in
which case the Parties shall perform their obligations in accordance with such
determination or ruling. 


          27.5 The Parties understand and agree that
this Agreement will be filed with the Commission. 


28.0 MISCELLANEOUS 


          28.1 Authorization 


                    28.1.1 Verizon represents and warrants that
it is a corporation duly organized, validly existing and in good standing under
the laws of New York and has full power and authority to execute and deliver
this Agreement and to perform the obligations hereunder.


                    28.1.2 TCG represents and warrants that it
is a corporation duly organized, validly existing and in good standing under
the laws of the State of New York, and has full power and authority to execute
and deliver this Agreement and to perform its obligations hereunder.


          28.2 Independent Contractor 


          Each
Party shall perform services hereunder as an independent contractor and nothing
herein shall be construed as creating any other relationship between the
Parties. Each Party and each Party’s contractor shall be solely responsible for
the withholding or payment of all applicable federal, state and local income
taxes, social security taxes and other payroll taxes with respect to their
employees, as well as any taxes, contributions or other obligations imposed by
applicable state unemployment or workers’ compensation acts. Each Party has
sole authority and responsibility to hire, fire and otherwise control its
employees. 


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          28.3 Force Majeure 


                    28.3.1 Neither Party shall be responsible
for delays or failures in performance of any part of this Agreement resulting
from acts or occurrences beyond the reasonable control of such Party,
regardless of whether such delays or failures in performance were foreseen or
foreseeable as of the date of this Agreement, including, without limitation:
acts of nature, unusually severe weather conditions, riot, sabotage, volcano,
military authority, fire, explosion, power failure, acts of God, war,
revolution, civil commotion, or acts of public enemies; any law, order,
regulation, ordinance or requirement of any government or legal body; labor
unrest, including, without limitation, strikes, slowdowns, picketing or
boycotts; or delays caused by the other Party or by other service or equipment
vendors; or any other acts or occurrences beyond the Party’s reasonable control
(any of the foregoing, a “Force Majeure Event”). In such event, the
non-performing Party shall, upon giving prompt notice to the other Party, be
excused from such performance on a day-to-day basis to the extent of such
interferences (and the other Party shall likewise be excused from performance
of its obligations on a day-to-day basis to the extent such Party’s obligations
relate to the performance so interfered with). The non-performing Party shall
use commercially reasonable efforts to avoid or remove the cause(s) of
non-performance (which, in the case of a Force Majeure Event due to a delay
caused by a service or equipment vendor, includes, but is not limited to,
retaining replacement vendor(s)) and both Parties shall proceed to perform with
dispatch once the cause(s) are removed or cease. Notwithstanding the above, in
no case shall a Force Majeure Event excuse either Party from the obligation to
pay money when due under this Agreement, nor require the non-performing Party
to settle any labor dispute except as the non-performing Party, in its sole
discretion, determines appropriate.


                    28.3.2 [Intentionally omitted.] 


                    28.3.3 The Parties shall cooperate to limit
the impact of a Force Majeure
Event. Such cooperation shall include taking such actions as agreed in the
Joint Grooming Process and providing notification of a Force Majeure Event, if
possible and commercially reasonable. 


          28.4 Good Faith Performance 


          In the
performance of their obligations under this Agreement, the Parties shall act in
good faith and consistently with the intent of the Act. Except as otherwise
expressly stated in this Agreement (including, but not limited to, where
consent, approval, agreement or a similar action is stated to be within a
Party’s sole discretion), where consent, approval, mutual agreement or a
similar action is required by any provision of this Agreement, such action
shall not be unreasonably withheld, conditioned or delayed. 


          28.5 Confidentiality 


                    28.5.1 Confidential Information means all
information, including but not limited to specifications, microfilm,
photocopies, magnetic disks, magnetic tapes, drawings, sketches, models,
samples, tools, technical information, data, employee 


78





records, maps,
financial reports, and market data, furnished or made available by one Party
(the “Disclosing Party”) to the other Party (the “Receiving Party”): (i) in
written, graphic, electromagnetic, or other tangible form and marked at the
time of delivery as “Confidential” or “Proprietary,” (ii) communicated orally
and declared to the Receiving Party at the time of delivery, and by written
notice given to the Receiving Party within ten (10) days after delivery, to be
“Confidential” or “Proprietary”, or (iii) which contains Customer specific,
facility specific, or usage specific information, other than Customer
information communicated for the purpose of publication or directory database
inclusion (any of the foregoing, “Confidential Information”). Each Party shall
have the right to correct an inadvertent failure to identify information as
Confidential Information pursuant to (i) above by giving written notification
to the Receiving Party within ten (10) days after the information is disclosed.
The Receiving Party shall, from that time forward, treat such information as
Confidential Information.


                    28.5.2 Verizon shall not use any
information provided by TCG regarding TCG’s customers for any marketing purpose
or disclose such information to anyone in a marketing capacity except to the
extent permitted by Applicable Law. Each Party shall keep all of the other
Party’s Confidential Information confidential in the same manner it holds its
own Confidential Information confidential (which in all cases shall be no less
than in a commercially reasonable manner) and shall use the other Party’s
Confidential Information only for the purpose of performing under this
Agreement. Neither Party shall use the other Party’s Confidential Information
for any other purpose except upon such terms and conditions as may be agreed
upon between the Parties in writing or to enforce its rights hereunder
(provided that the Party wishing to disclose the other Party’s Confidential
Information submits the same to the Commission or courts of competent
jurisdiction, as applicable, under a request for a protective order). The
Receiving Party agrees to restrict disclosure of the Disclosing Party’s
Confidential Information to the directors, officers, agents, contractors, and
employees of the Receiving Party and the Receiving Party’s Affiliates having a
need to know the Confidential Information for the purpose of performing under
this Agreement. If the Receiving Party wishes to disclose the Disclosing
Party’s Confidential Information to a third party agent or contractor, such
agent or contractor shall be required by the Receiving Party to comply with the
provisions of this Section 28.5 in the same manner as the Receiving Party. 


                    28.5.3 Unless otherwise agreed, the
obligations of confidentiality and non-use set forth in this Agreement do not
apply to such Confidential Information that: 


                              (a)
was, at the time of receipt, already known to the Receiving Party free of any
obligation to keep it confidential as evidenced by written records prepared
prior to delivery by the Disclosing Party; or 


                              (b)
is or becomes publicly known through no wrongful act of or breach of this
Agreement by the Receiving Party or the Receiving Party’s affiliates, or the
directors, officers, agents, employees, or contractors of the Receiving Party
or the Receiving Party’s affiliates; or 


79





                              (c)
is rightfully received from a third person having no direct or indirect secrecy
or confidentiality obligation to the Disclosing Party with respect to such
information; or 


                              (d)
is independently developed by an employee, agent, or contractor of the
Receiving Party that is not involved in any manner with the provision of
services pursuant to this Agreement and does not have any direct or indirect
access to the Confidential Information; or 


                              (e)
is approved for release by written authorization of the Disclosing Party; or 


                              (f)
is required to be made public by the Receiving Party pursuant to any governmental
authority or by Applicable Law, provided that the Receiving Party shall have
made commercially reasonable efforts to give adequate notice of the requirement
prior to the disclosure of the Confidential Information to the Disclosing Party
to enable the Disclosing Party to seek protective orders. 


                    28.5.4 In addition to any requirements
imposed by Applicable Law, including, but not limited to, 47 U.S.C. § 222, the
Parties shall maintain in confidence all Confidential Information for a period
of three (3) years from the date of disclosure of such Confidential
Information. Each Party’s obligations to safeguard Confidential Information
disclosed prior to the expiration, cancellation or termination of this
Agreement shall survive such expiration, cancellation or termination. 


                    28.5.5 All Confidential Information shall
remain the property of the Disclosing Party. Following the expiration or
termination of this Agreement and upon request by the Disclosing Party, the
Receiving Party shall return or destroy within sixty (60) days of such a request,
all Confidential Information, whether written, graphic, electromagnetic or
otherwise.


                    28.5.6 Each Party agrees that the
Disclosing Party may be irreparably injured by a breach of this Section 28.5 by
the Receiving Party, the Receiving Party’s Affiliates, or the directors,
officers, employees, agents or contractors of the Receiving Party or the
Receiving Party’s Affiliates, and that the Disclosing Party may be entitled to
seek equitable relief, including injunctive relief and specific performance, in
the event of any breach of the provisions of this Section 28.5. 


                    28.5.7 The provisions of this Section shall
not be construed to be in derogation of, or to constitute a waiver by a Party
of, any right with regard to protection of the confidentiality of information
of the Party or its customers provided by Applicable Law, including but not
limited to 47 U.S.C. Section 222 and any FCC Regulations issued pursuant
thereto. Each Party will comply fully with its obligations under Applicable Law
(i) to protect the confidentiality of CPNI, and (ii) to disclose CPNI to the
other Party.


          28.6 Choice of Law 


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          The
construction, interpretation and performance of this Agreement shall be
governed by and construed in accordance with the laws of the United States of
America and the laws of the State of New York, except for its conflicts of laws
provisions. 


          28.7 Taxes 


                    28.7.1 In General. With respect to any
purchase hereunder of services, facilities or arrangements, if any federal,
state or local tax, fee, surcharge or other tax-like charge (a “Tax”) is
required or permitted by Applicable Law to be collected from the purchasing
Party by the providing Party, then (i) the providing Party, as a separately
stated item on the applicable bill, shall properly bill the purchasing Party
for such Tax, (ii) the purchasing Party shall timely remit such Tax to the
providing Party and (iii) the providing Party shall timely remit such collected
Tax to the applicable taxing authority.


                    28.7.2 The purchasing Party will provide to
the providing Party notice of its intent to pay taxes based on receipts
(“Receipts Taxes”) on services which it provides to end users which services
incorporate, resell or otherwise utilize services provided by the providing
Party under this agreement. 


                    28.7.3 Taxes Imposed on Customers. With
respect to any purchase hereunder of services, facilities or arrangements that
are resold to a third party, if any federal, state or local Tax is imposed by
Applicable Law on the subscriber, end-user, Customer or ultimate consumer
(“Subscriber”) of the purchasing Party in connection with any such purchase,
which a Telecommunications Company is required to impose and/or collect from a
Subscriber, then the purchasing Party (i) shall be required to impose and/or
collect such Tax from the Subscriber and (ii) shall timely remit such Tax to
the applicable taxing authority. 


                    28.7.4 If the providing Party has not
received an exemption certificate and fails to collect any Tax as required by
Subsection 28.7.1, then, as between the providing Party and the purchasing
Party, (i) the purchasing Party shall remain liable for such uncollected Tax
and (ii) the providing Party shall be liable for any interest assessed thereon
and any penalty assessed with respect to such uncollected Tax by such
authority. Notwithstanding this section 28.7, however, the purchasing Party’s
liability for uncollected surcharges intended to allow the providing Party to
recover tax expense associated with a Receipts Tax imposed upon the providing
Party shall not extend beyond the time limitations provided in Section 28.9.2
of this agreement. If the providing Party, in compliance with Applicable Law,
properly bills the purchasing Party for a Tax but the purchasing Party fails to
remit such Tax to the providing Party as required by Subsection 28.7.1, then,
as between the providing Party and the purchasing Party, the purchasing Party shall
be liable for such uncollected Tax and any interest assessed thereon, as well
as any penalty assessed with respect to such uncollected Tax by the applicable
taxing authority. If the providing Party does not collect any Tax as required
by Subsection 28.7.1 because the purchasing Party has provided such providing
Party with an exemption certificate that is later found to be inadequate by the
applicable taxing authority, then, as between the providing Party and the
purchasing Party, the purchasing Party shall be liable for such uncollected Tax
and any interest assessed thereon, as well as 


81





any penalty
assessed with respect to such uncollected Tax by the applicable taxing
authority. Except as provided in Subsection 28.7.6, if the purchasing Party
fails to pay the Receipts Tax which it has given notice of its intent to pay
pursuant to Subsection 28.7.2 then, as between the providing Party and the
purchasing Party, (x) the providing Party shall be liable for any Tax imposed
on its receipts and (y) the purchasing Party shall be liable for any interest
assessed thereon and any penalty assessed upon the providing Party with respect
to such Tax by such authority. If the purchasing Party fails to impose and/or
collect any Tax from Subscribers as required by Subsection 28.7.3, then, as
between the providing Party and the purchasing Party, the purchasing Party
shall remain liable for such uncollected Tax and any interest assessed thereon,
as well as any penalty assessed with respect to such uncollected Tax by the applicable
taxing authority. With respect to any Tax that the purchasing Party has agreed
to pay, is responsible for because the purchasing party received a discount in
price on services attributable to related Tax savings by the providing Party,
or is required to impose on and/or collect from Subscribers, the purchasing
Party agrees to indemnify and hold the providing Party harmless on an after-tax
basis for any costs incurred by the providing Party as a result of actions
taken by the applicable taxing authority to recover the Tax from the providing
Party due to the failure of the purchasing Party to timely pay, or collect and
timely remit, such Tax to such authority. In the event either Party is audited
by a taxing authority, the other Party agrees to reasonably cooperate with the
Party being audited in order to respond to any audit inquiries in a proper and
timely manner so that the audit and/or any resulting controversy may be
resolved expeditiously. 


                    28.7.5 Tax Exemptions and Exemption Certificates. If
Applicable Law exempts a purchase hereunder from a Tax, and if such Law also
provides an exemption procedure, such as an exemption-certificate requirement,
then, if the purchasing Party complies with such procedure, the providing Party
shall not collect such Tax during the effective period of such exemption. Such
exemption shall be effective upon receipt of the exemption certificate or
affidavit in accordance with the terms set forth in Subsection 28.7.6. If
Applicable Law exempts, or excludes, a purchase hereunder from a Tax, but does
not also provide an exemption procedure, then the providing Party shall not
collect such Tax if the purchasing Party (i) furnishes the providing Party with
a letter signed by an officer of the purchasing Party claiming an exemption or
exclusion, and citing the provision in the Law which allows such exemption or
exclusion, and (ii) supplies the providing Party with an indemnification
agreement, reasonably acceptable to the providing Party (e.g., an agreement commonly
used in the industry), which holds the providing Party harmless on an after-tax
basis with respect to its forbearing to collect such Tax. 


                    28.7.6 If any discount or portion of a
discount in price provided to the purchasing Party under this Agreement
(including, but not limited to, a wholesale discount provided for in Exhibit A)
represents Tax savings to the providing Party which it was assumed the
providing Party would receive, because it was anticipated that receipts from
sales of services (that would otherwise be subject to a Tax on such receipts)
could be excluded from such Tax under Applicable Law, either because the
services would be sold (i) for resale or (ii) to a Telecommunications Services
provider, and the providing Party is, in fact, required by Applicable Law to
pay such Tax on receipts from sales of 


82





services to
the purchasing Party then, as between the providing Party and the purchasing
Party, the purchasing Party shall be liable for, and shall indemnify and hold harmless
the providing Party against (on an after tax basis), any such Tax and any
interest and/or penalty assessed by the applicable taxing authority on either
the purchasing Party or the providing Party with respect to the Tax on the
providing Party’s receipts. 


                    28.7.7 All notices, affidavits,
exemption-certificates or other communications required or permitted to be
given by either Party to the other, for purposes of this Subsection 28.7, shall
be made in writing and shall be delivered in person or sent by certified mail,
return receipt requested, or registered mail, or a courier service providing
proof of service, and sent to the addressees set forth in Subsection 28.12 as
well as to the following:


	
  

 	
  

 	
  

 	
  

 
	
  

 	
 To Verizon:



 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Tax Administration

 
	
  

 	
  

 	
  

 	
 Verizon
 Communications

 
	
  

 	
  

 	
  

 	
 1095 Avenue
 of the Americas

 
	
  

 	
  

 	
  

 	
 Room 3109

 
	
  

 	
  

 	
  

 	
 New York, NY
 10036

 
	
  

 	
 To TCG:



 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Tax
 Vice-President

 
	
  

 	
  

 	
  

 	
 State and
 Local Taxes

 
	
  

 	
  

 	
  

 	
 TCG

 
	
  

 	
  

 	
  

 	
 Room S284

 
	
  

 	
  

 	
  

 	
 412 Mt.
 Kemble Avenue

 
	
  

 	
  

 	
  

 	
 Morristown,
 New Jersey 07960

 



          Either
Party may from time to time designate another address or other addressees by
giving notice is accordance with the terms of this Subsection 28.7. Any notice
or other communication shall be deemed to be given when received.


          28.8 Assignment and Delegation 


                    28.8.1 Neither Party may assign this
Agreement or any of its rights or interests hereunder, nor delegate any of its
obligations under this Agreement, to a third party without the prior written
consent of the other Party, which consent will not be unreasonably withheld;
provided, however, that either Party may assign this Agreement to an affiliate,
with the other Party’s prior written consent, upon the provision of reasonable
evidence by the proposed assignee that it has the resources, ability, and
authority to provide satisfactory performance under this Agreement and that the
proposed assignee is in good standing with Verizon or TCG, as applicable. Any
assignment or delegation in violation of this subsection 28.8 shall be void and
ineffective and constitute a default of this Agreement. For the purposes of
this Section, the term “affiliate” shall mean any entity that controls, is
controlled by, or is under common control with the assigning Party. 


83







          28.9
Billing and Payment; Disputed Amounts 


                    28.9.1
Except as may otherwise be provided in this Agreement, each Party shall submit
on a monthly basis an itemized statement of charges incurred by the other Party
during the preceding month(s) for services rendered hereunder. Payment of
billed amounts under this Agreement, whether billed on a monthly basis or as
otherwise provided herein, shall be due, in immediately available U.S. funds,
within thirty (30) days of the date of such statement unless the billed Party
is able to establish that the bill was not timely received (i.e., at least
twenty (20) days prior to the payment date) in which case the payment date
shall be twenty (20) calendar days from the receipt of the bill. If such
payment date would cause payment to be due on a Saturday, Sunday or Legal
Holiday, payment for such bills will be due from the billed Party as follows:
(i) if such payment date falls on a Sunday or on a Legal Holiday which is
observed on a Monday, the payment date shall be the first non-Holiday day
following such Sunday or Legal Holiday; (ii) if such payment date falls on a
Saturday or on a Legal Holiday which is observed on Tuesday, Wednesday,
Thursday or Friday, the payment date shall be the last non-Holiday day
preceding such Saturday or Legal Holiday. For purposes of this section, a
“Legal Holiday” is defined as a day other than Saturday or Sunday on which
Verizon is normally closed. 


                    28.9.2
Although it is the intent of both Parties to submit timely and accurate
statements of charges, failure by either Party to present statements to the
other Party in a timely manner shall not constitute a breach or default, or a
waiver of the right to payment of the incurred charges, by the billing Party
under this Agreement, and, except for assertion of a provision of Applicable
Law that limits the period in which a suit or other proceeding can be brought
before a court or other governmental entity of appropriate jurisdiction to
collect amounts due, the billed Party shall not be entitled to dispute the
billing Party’s statement(s) based on the billing Party’s failure to submit
them in a timely fashion. Upon request by either Party, the Parties shall
participate in good faith negotiations to establish bill closure procedures
unless, at the time of such request, an industry forum has been established to
address such requested bill closure, in which event each of the Parties shall
participate in such forum. 


                    28.9.3
If any portion of an amount due to a Party (the “Billing Party”) under this
Agreement is subject to a bona fide dispute between the Parties, the Party
billed (the “Non-Paying Party”) shall within sixty (60) days of its receipt of
the invoice containing such disputed amount give notice to the Billing Party of
the amounts it disputes (“Disputed Amount”) and include in such notice the
specific details and reasons for disputing each item. Subject to Section
28.9.3.1 below, the Non-Paying Party shall pay when due (i) all undisputed
amounts to the Billing Party and (ii) all Disputed Amounts into an interest
bearing escrow account with a third party escrow agent mutually agreed upon by
the Parties. Nothing herein shall limit the time under Applicable Law within
which either Party may dispute any bill, it being understood that payment of
any amounts under this Section, unless otherwise indicated, does not constitute
a waiver of either Party’s rights under Applicable Law to contest its
obligation to pay any amounts allegedly owed under this Agreement. 


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                              28.9.3.1
The Non-Paying Party shall not be required to place a Disputed Amount in
escrow, as required by Section 28.9.3 above, if the Non-Paying Party: (a) does
not have a proven history of late payments; and (b) has established a minimum
of twelve (12) consecutive months good credit history with the Billing Party
(prior to the date it notifies the Billing Party of its current billing
dispute) (including without limitation and for the avoidance of any doubt, that
the Non-Paying Party has not failed to pay any amounts during such twelve (12)
month period that were not the subject of a bona fide dispute). 


                    28.9.4
If the Parties are unable to resolve the issues related to the Disputed Amounts
in the normal course of business within sixty (60) days after delivery to the
Billing Party of notice of the Disputed Amount, each of the Parties shall
appoint a designated representative that has authority to settle the dispute
and that is at a higher level of management than the persons with direct
responsibility for administration of this Agreement. The designated
representatives shall meet as often as they reasonably deem necessary in order
to discuss the dispute and negotiate in good faith in an effort to resolve such
dispute. The specific format for such discussions will be left to the
discretion of the designated representatives, however all reasonable requests
for relevant information made by one Party to the other Party shall be honored.



                    28.9.5
If the Parties are unable to resolve issues related to the Disputed Amount
within forty-five (45) days after the Parties’ appointment of designated
representatives pursuant to Subsection 28.9.4, or if either Party fails to
appoint a designated representative within thirty (30) days of the end of the
sixty (60) day period referred to Section 28.9.4, then either Party may pursue
dispute resolution pursuant to Section 28.11. 


                    28.9.6
The Parties agree that all negotiations pursuant to this Subsection 28.9 shall
remain confidential and shall be treated as compromise and settlement
negotiations for purposes of the Federal Rules of Evidence and state rules of
evidence. 


                    28.9.7
Charges which are not paid by the payment date as set forth in Section 28.9.1
above, shall be subject to a late payment charge. The late payment charge shall
be an amount specified by the Billing Party which shall not exceed a rate of
one and one half percent (1 1/2%) of the overdue amount (including any unpaid
previously billed late payment charges) per month. If the Non-Paying Party
disputes charges in accordance with this Section 28.9, and the dispute is
finally resolved in favor of such Party, the Billing Party shall credit the account
of the Non-Paying Party for the subject amount (including any applicable late
payment charges assessed thereon) finally adjudged in its favor and, if the
Non-Paying Party in any case paid to the Billing Party some or all of such
subject amount (including any applicable late payment charges assessed thereon)
finally adjudged in its favor, the Billing Party shall refund such amount to
the Non-Paying Party. 


          28.10
Audits 


85





                    28.10.1
Except as may be otherwise specifically provided in this Agreement, either
Party (“Auditing Party”) may audit the other Party’s (“Audited Party”) books,
records, documents, facilities and systems for the purpose of evaluating the
accuracy of the Audited Party’s bills. Such audits may be performed once in
each Calendar Year; provided, however, that audits may be conducted more
frequently (but no more frequently than once in each Calendar Quarter) if the
immediately preceding audit found previously uncorrected net inaccuracies in
billing in favor of the Audited Party having an aggregate value of at least
$1,000,000. 


                    28.10.2
The audit shall be performed by the Auditing Party, at
its sole option, either with or without independent certified public
accountants (“Accountants “) selected and paid by the Auditing Party. If the
Auditing Party chooses to use Accountants, they shall be reasonably acceptable
to the Audited Party. Prior to commencing the audit, the Accountants shall
execute an agreement with the Audited Party in a form reasonably acceptable to
the Audited Party that protects the confidentiality of the information
disclosed by the Audited Party to the Accountants. The audit shall take place
at a time and place agreed upon by the Parties; provided, that the Auditing
Party may require that the audit commence no later than sixty (60) days after
the Auditing Party has given notice of the audit to the Audited Party. 


                    28.10.3
Each Party shall cooperate fully in any such audit, providing reasonable access
to any and all employees, books, records, documents, facilities and systems,
reasonably necessary to assess the accuracy of the Audited Party’s bills. 


                    28.10.4
Audits shall be performed at the Auditing Party’s expense, provided that there
shall be no charge for reasonable access to the Audited Party’s employees,
books, records, documents, facilities and systems necessary to assess the
accuracy of the Audited Party’s bills. 


          28.11
Dispute Resolution 


               28.11.1
General


                    1.
Purpose This Section is intended to provide for the expeditious
resolution of all disputes between Verizon and TCG arising under this Agreement
as well as any disputes that are deemed to have arisen under the
interconnection agreement between the Parties that this Agreement supercedes,
and to do so in a manner that permits uninterrupted high quality services to be
furnished to each Party’s Customers. 


                    2.
Exclusive Remedy


                    (a)
Dispute resolution under the procedures provided in this Section 28.11 shall be
the exclusive remedy for all disputes between Verizon and TCG arising out of
this Agreement or its breach. Verizon and TCG agree not to resort to any court,
agency, or private group with respect to such disputes except in accordance
with this Section 28.11. 


86





                    (b)
If, for any reason, certain claims or disputes are deemed to be non-arbitrable,
the non-arbitrability of those claims or disputes shall in no way affect the
arbitrability of any other claims or disputes. 


                    (c)
Nothing in this Section 28.11 shall limit the right of either Verizon or TCG to
obtain provisional remedies (including injunctive relief) from a court before,
during or after the pendency of any arbitration proceeding brought pursuant to
this Section 28.11. However, once a decision is reached by the Arbitrator, such
decision shall supersede any provisional remedy. 


                    (d)
If, for any reason, the Commission or any other federal or state regulatory
agency exercises jurisdiction over and decides any dispute related to this
Agreement and, as a result, a claim is adjudicated in both an agency proceeding
and an arbitration proceeding under this Section 28.11, the following
provisions shall apply: 


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 i)

 	
 The agency
 ruling shall be binding upon the Parties. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ii)

 	
 If an agency
 ruling does not cover all the issues raised in an arbitration proceeding
 under this Section 28.11, the arbitration rulings rendered pursuant to this
 Section 28.11 shall: (a) be binding upon the Parties for purposes of
 establishing their respective contractual rights and obligations under this
 Agreement and (b) survive, in each case to the extent they can be reconciled
 with the agency decision. Disputes over whether an arbitration decision can
 be reconciled with an agency decision shall be subject to this Section 28.11.
 

 



                    3.
Public Service Commission. 


                    (a)
In the event of a dispute between Verizon and TCG arising under this Agreement,
if both Parties agree, the dispute may be submitted for resolution to the
Commission. The Commission may determine that it will not exercise its
jurisdiction. 


                    (b)
If a Party does not agree to submit a dispute to the Commission, it must inform
the other Party within five days of the other Party’s request to submit the
dispute to the Commission. 


                    (c)
In the event both Parties do not agree to present the dispute to the
Commission, or in the event the Parties agree to submit the dispute to the
Commission, but the Commission determines not to exercise its jurisdiction at
that time, then the provisions described herein shall apply. 


87






                    4.
Informal Resolution of Disputes.


                    (a)
Prior to initiating an arbitration pursuant to the American Arbitration
Association (“AAA”) rules for commercial disputes, as described below, the
Parties to this Agreement shall submit any dispute between Verizon and TCG for resolution
to an Inter-Company Review Board consisting of one representative each from TCG
and Verizon at the vice-president-or-above level (or at such lower level as the
Parties agree to designate). 


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 i)

 	
 Each Party
 must designate its initial representative to the Inter-Company Review Board
 within fifteen days of the Effective Date of this Agreement. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 ii)

 	
 A
 representative shall be entitled to appoint a delegate to act in his or her
 place as a Party’s representative on the Inter-Company Review Board for any
 specific dispute brought before the Board. 

 



                    (b)
From time to time the Parties may also agree to other informal resolution
processes for specific circumstances. 


                    (c)
The Parties may enter into a settlement of any dispute at any time. The
settlement agreement shall be in writing, and shall identify how the
Arbitrator’s fee for the particular proceeding, if any, will be apportioned. 


                    (d)
By mutual agreement, the Parties may agree to submit a dispute to mediation
prior to initiating arbitration. 


                    (e)
At no time, for any purposes, may a Party introduce into evidence or inform the
Arbitrator of any statement or other action of a Party said or done during any
meeting, mediation or negotiation sessions between the Parties pursuant to
subsection 4(a) of this Section 28.11.1 without each Party’s consent. 


                    5.
Initiation of an Arbitration. 


                    (a)
If the Inter-Company Review Board is unable to resolve a non-service affecting
dispute within thirty days (or such longer period as agreed to in writing by
the Parties) of such submission, the Parties shall initiate an arbitration in
accordance with the AAA rules for commercial disputes. Any dispute over a
matter which directly affects the ability of a Party to continue providing high
quality services to its Customers, i.e.,
a service-affecting dispute, will be governed by the procedures described in
Section 28.11.2 hereof. In the event the Parties, in good faith, do not agree
that a service-affecting dispute exists, the dispute will be assumed to be a
service-affecting dispute. 


88





                    (b)
In the event the Parties initiate an arbitration, the Parties must notify the
Secretary to the Commission of the arbitration proceeding within 48 hours of
the determination to arbitrate. 


                    6.
Governing Rules for Arbitration. Unless the Parties otherwise agree, the
rules set forth below and the rules of the AAA shall govern all arbitration
proceedings initiated pursuant to this Section 28.11; however, such arbitration
proceedings shall not be conducted under the auspices of the AAA unless the
Parties mutually agree. This restriction does not affect the rights of any
Party to request an Arbitrator from the AAA, pursuant to subsection
28.11.1.7(d) below. Where any of the rules set forth herein conflict with the
rules of the AAA, the rules set forth in this Section 28.11 shall prevail. 


                    7.
Appointment and Removal of Arbitrator. 


                    (a)
Unless otherwise mutually agreed upon by the Parties, the standard rules for
selecting an arbitrator set forth in the Commercial Arbitration Rules of the
AAA shall be followed by the Parties for each dispute subject to arbitration
under this Section 28.11. 


                    (b)
The Parties may, by mutual written agreement, remove an Arbitrator at any time,
and shall provide prompt written notice of removal to such Arbitrator.
Notwithstanding the foregoing, any Arbitrator may be removed unilaterally at
any time by either Party as permitted in the rules of the AAA. 


                    (c)
In the event that an Arbitrator resigns, is removed pursuant to subsection 7(b)
of this Section, or becomes unable to discharge his or her duties, the Parties
shall, by mutual written agreement, appoint a replacement Arbitrator within
thirty days after such resignation, removal, or inability, unless a different
time period is mutually agreed upon in writing by the Parties or is required by
AAA rules. Any matters pending before the Arbitrator at the time he or she
resigns, is removed, or becomes unable to discharge his or her duties, will be
assigned to the replacement Arbitrator as soon as the replacement Arbitrator is
appointed. 


                    (d)
In the event that the Parties do not appoint an Arbitrator as set forth in this
Section 28.11.1, or a replacement Arbitrator within the time limit set forth in
subsection 28.11.1.7(c), either Party may apply to the AAA for appointment of
an Arbitrator. Prior to filing an application with the AAA, the Party filing
such application shall provide fifteen days prior written notice to the other
Party to this Agreement. 


89





                    8.
Duties and Powers of the Arbitrator. 


                    (a)
The Arbitrator shall receive complaints and other permitted pleadings, oversee
discovery, administer oaths and subpoena witnesses pursuant to the United
States Arbitration Act, hold hearings, issue decisions, and maintain a record
of proceedings. The Arbitrator shall have the power to award any remedy or
relief that a court with jurisdiction over this Agreement could order or grant,
including, without limitation, the awarding of damages, pre-judgment interest,
specific performance of any obligation created under the Agreement, issuance of
an injunction, or imposition of sanctions for abuse or frustration of the
arbitration process except as limited by Section 25 of this Agreement. 


                    (b)
The Arbitrator shall not have the authority to limit, expand, or otherwise
modify the terms of this Agreement. 


                    9.
Discovery. Verizon and TCG shall attempt, in good faith, to agree on a
plan for document and information discovery. Should they fail to agree, either
Verizon or TCG may request a joint meeting or conference call with the
Arbitrator. The Arbitrator shall resolve any disputes between Verizon and TCG,
and such resolution with respect to the scope, manner, and timing of discovery
shall be final and binding. 


                    10.
Privileges. The Arbitrator shall, in all cases, apply the
attorney-client privilege and the work product immunity. 


                    11.
Location of Hearing. Unless both Parties agree otherwise, any hearings
shall take place in New York City, New York. 


                    12.
Decision


                    (a)
The Arbitrator’s decision and award shall be in writing. 


                    (b)
Within thirty days of the decision and award, the Arbitrator’s decision must be
submitted to the Commission for review. Each Party must also submit its
position on the award and statement as to whether the Party agrees to be bound
by it or seeks to challenge it. 


                    (c)
The Commission will determine whether or not to review the dispute within
fifteen days of the date of receipt of the decision submitted for review. If
the Commission does not exercise its jurisdiction within fifteen days of
receipt, the Arbitrator’s decision and award shall be final and binding on the
Parties, except as provided below. Judgment upon the award rendered by the
Arbitrator may be entered in any court having 


90 





jurisdiction
thereof. Either Party may apply to the United States District Court for the
district in which the hearing occurred for an order enforcing the decision. 


                    (d)
A decision of the Arbitrator shall not be final in the event the dispute
concerns the misappropriation or use of intellectual property rights of a
Party, including, but not limited to, the use of the trademark, tradename,
trade dress or service mark of a Party, and the decision and award is appealed
by a Party to a federal or state court with jurisdiction over the dispute. 


                    (e)
Each Party agrees that any permitted appeal must be commenced within thirty
days after the Arbitrator’s decision in the arbitration proceeding becomes
final and binding. 


                    (f)
In the event an agency or court agrees to hear the matter on appeal, a Party
may request a stay of the effect of the Arbitrator’s decision; absent such a
stay, it must comply with the results of the arbitration process during the
appeal process. 


                    13.
Fees


                    (a)
The Arbitrator’s fees and expenses that are directly related to a particular
proceeding dispute shall be paid by the losing Party. In cases where the
Arbitrator determines that neither Party has, in some material respect,
completely prevailed or lost in a proceeding, the Arbitrator shall, in his or
her discretion, apportion fees and expenses to reflect the relative success of
each Party. Those fees and expenses not directly related to a particular
proceeding dispute shall be shared equally. In accordance with subsection 4(c)
of this Section 28.11.1, in the event that the Parties settle a dispute before
the Arbitrator reaches a decision with respect to that dispute, the Settlement
Agreement must specify how the Arbitrator’s fees for the particular proceeding
will be apportioned. 


                    (b)
In an action to enforce a decision of the Arbitrator, the prevailing Party
shall be entitled to its reasonable attorneys’ fees, expert fees, costs, and
expenses without regard to the local rules of the district in which the suit is
brought. 


                    14.
Confidentiality


                    (a)
Verizon, TCG, and the Arbitrator will treat the arbitration proceedings,
including the hearings and conferences, discovery, or other related events, as
confidential, except as necessary in connection with a judicial challenge to,
or enforcement of, an award, or unless otherwise required by an order or lawful
process of a court or governmental body. 


91





                    (b)
In order to maintain the privacy of all arbitration conferences and hearings,
the Arbitrator shall have the power to require the exclusion of any person,
other than a Party, counsel thereto, or other essential persons. 


                    (c)
To the extent that any information or materials disclosed in the course of an
arbitration proceeding contain proprietary, trade secret or confidential
information of either Party, it shall be safeguarded in accordance with an
appropriate agreement for the protection of proprietary, trade secret or
confidential information that the Parties agree to negotiate. However, nothing
in such negotiated agreement shall be construed to prevent either Party from
disclosing the other Party’s information to the Arbitrator in connection with
or in anticipation of an arbitration proceeding. In addition, the Arbitrator
may issue orders to protect the confidentiality of proprietary information,
trade secrets, or other sensitive information in the event the Parties cannot
agree upon an agreement to govern the handling of such information. 


                    15.
Service of Process


                    (a)
Service may be made by submitting one copy of all pleadings and attachments and
any other documents requiring service to each Party and one copy to the
Arbitrator. Service shall be deemed made (i) upon receipt if delivered by hand;
(ii) after three business days if sent by first class certified U.S. mail;
(iii) the next business day if sent by overnight courier service; (iv) upon
confirmed receipt if transmitted by facsimile. If service is by facsimile, a
copy shall be sent the same day by hand delivery, first class U.S. mail, or
overnight courier service. 


                    (b)
Service by TCG to Verizon and by Verizon to TCG at the address designated for
delivery of notices in this Agreement shall be deemed to be service to Verizon
or TCG, respectively. 


                    (c)
The Parties shall notify each other within three days of the Effective Date of
the initial address for service of documents pursuant to this Section. 


          28.11.2
Expedited Procedure for Resolution of Service-Affecting Disputes 


          1.
Purpose. This Section 28.11.2 describes the procedures for an expedited
resolution of disputes between Verizon and TCG arising under this Agreement
which directly affect the ability of a Party to provide uninterrupted, high
quality services to its Customers, and which cannot be resolved using the
procedures for informal resolution of disputes contained in Section 28.11.1. 


          2.
Initiation of the Expedited Dispute Resolution Process. If the
Inter-Company Review Board is unable to resolve a service-affecting dispute
within two business days (or such longer period as agreed to in writing by the
Parties) of submission 


92 





to it of the
dispute, and the Parties have not otherwise entered into a settlement of their
dispute, a Party may utilize the Commission’s Expedited Dispute Resolution
(“EDR”) process as it is described in Case 99-C-1529, Notice Regarding
Expedited Dispute Resolution (issued November 18, 1999). Invocation of the EDR
process by either Party requires the other Party to participate in good faith.
Use of the EDR process shall be limited to service-affecting disputes as
defined in Section 28.11.2(1) above. However, nothing in this section precludes
either Party from submitting related disputes, including claims for monetary
damages, to arbitration in accordance with the general procedures described in
Section 28.11.1 rather than through EDR. 


          28.12
Notices 


          Except
as otherwise provided in this Agreement, notices given by one Party to the
other Party under this Agreement shall be in writing and shall be (a) delivered
personally, (b) delivered by express delivery service, (c) mailed, certified
mail or first class U.S. mail postage prepaid, return receipt requested, or (d)
delivered by telecopy (with a follow up copy promptly sent by first class mail)
to the following addresses of the Parties: 


	
  

 	
  

 	
  

 
	
  

 	
 To TCG:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Teleport
 Communications Group Inc.

 
	
  

 	
  

 	
 3033 Chain
 Bridge Road, Suite D325

 
	
  

 	
  

 	
 Oakton, VA
 22185

 
	
  

 	
  

 	
 Attn:
 Regional Vice President

 
	
  

 	
  

 	
 Facsimile:
 (703) 277-7902

 
	
  

 	
  

 	
  

 
	
  

 	
 with a copy
 to:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Teleport
 Communications Group Inc.

 
	
  

 	
  

 	
 32 Avenue of
 the Americas

 
	
  

 	
  

 	
 New York,
 N.Y. 10013

 
	
  

 	
  

 	
 Attn:
 Regional V.P. – Law and Government Affairs

 
	
  

 	
  

 	
 Facsimile:
 (212) 387-6441

 
	
  

 	
  

 	
  

 
	
  

 	
 To Verizon:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Director -
 Contract Performance & Administration

 
	
  

 	
  

 	
 Verizon
 Wholesale Markets

 
	
  

 	
  

 	
 600 Hidden
 Ridge

 
	
  

 	
  

 	
 HQEWMNOTICES

 
	
  

 	
  

 	
 Irving, TX
 75038

 
	
  

 	
  

 	
 Facsimile:
 972/719-1519

 
	
  

 	
  

 	
 Telephone
 Number: 972-718-5988

 
	
  

 	
  

 	
  

 
	
  

 	
 with a copy
 to:

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Vice
 President & Associate General Counsel

 


93









	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon
 Wholesale Markets

 
	
  

 	
  

 	
 1515 North
 Court House Road

 
	
  

 	
  

 	
 Suite 500

 
	
  

 	
  

 	
 Arlington,
 VA 22201

 
	
  

 	
  

 	
 Facsimile:
 703-351-3664

 



or to such
other address as either Party shall designate by proper notice. Notices will be
deemed given as of the earlier of (i) the date of actual receipt, (ii) the next
business day when notice is sent via express mail or personal delivery, (iii)
three (3) days after mailing in the case of first class or certified U.S. mail,
or (iv) on the date set forth on the confirmation in the case of telecopy. 


          28.13
252(i) Obligations 


                    28.13.1
To the extent required by Applicable Law, each Party shall comply with Section
252(i) of the Act and Appendix D, Sections 30 through 32, of the Merger Order
(“Merger Order MFN Provisions”). 


                    28.13.2
If TCG wishes to exercise any rights it may have under Section 252(i), TCG
shall provide written notice thereof to Verizon. Upon Verizon’s receipt of said
notice, in accordance with Section 252(i), the Parties shall promptly amend
this Agreement in writing (“252 Amendment”) to appropriately reflect the
Interconnection, services, and Network Elements, that TCG has elected to adopt
pursuant to Section 252(i), provided that TCG has a right under Section 252(i)
to make such adoption as of the date of Verizon’s receipt of said notice;
provided further that, unless otherwise mutually agreed to by the Parties, the
252 Amendment shall be effective as of the date of Verizon’s receipt of
effective notice thereof. 


                    28.13.3
If TCG wishes to exercise any rights it may have under the Merger Order MFN
Provisions, TCG shall provide written notice thereof to Verizon. Upon Verizon’s
receipt of said notice, in accordance with the Merger Order MFN Provisions, the
Parties shall promptly amend this Agreement in writing (“Merger Amendment”) to
appropriately reflect the interconnection arrangements or unbundled Network
Elements, that TCG has elected to adopt pursuant to the Merger Order MFN
Provisions, provided that TCG has a right under the Merger Order MFN Provisions
to make such adoption as of the date of Verizon’s receipt of said notice;
provided further that, unless otherwise mutually agreed to by the Parties, the
Merger Amendment shall be effective as of the date of Verizon’s receipt of effective
notice thereof. 


          28.14
Joint Work Product 


          This
Agreement is the joint work product of the Parties and has been negotiated by
the Parties and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences
shall be drawn against either Party. 


          28.15
No Third Party Beneficiaries; Disclaimer of Agency 


94





          This
Agreement is for the sole benefit of the Parties and their permitted assigns, and
nothing herein expressed or implied shall create or be construed to create any
third-party beneficiary rights hereunder. Except for provisions herein
expressly authorizing a Party to act for another, nothing in this Agreement
shall constitute a Party as a legal representative or agent of the other Party,
nor shall a Party have the right or authority to assume, create or incur any
liability or any obligation of any kind, expressed or implied, against or in
the name or on behalf of the other Party unless otherwise expressly permitted
by such other Party. Except as otherwise expressly provided in this Agreement,
no Party undertakes to perform any obligation of the other Party, whether
regulatory or contractual, or to assume any responsibility for the management
of the other Party’s business. 


          28.16
No Licenses 


                    28.16.1
Except as may be required by Applicable Law, nothing in this Agreement shall be
construed as the grant of a license, either express or implied, with respect to
any patent, copyright, trade name, trade mark, service mark, trade secret, or
any other proprietary interest or intellectual property, now or hereafter
owned, controlled or licensable by either Party. Except as may be required by
Applicable Law, neither Party may use any patent, copyrightable materials,
trademark, trade name, trade secret or other intellectual property right of the
other Party except in accordance with the terms of a separate license agreement
between the Parties granting such rights. 


                    28.16.2
Except as stated in Section 28.16.4 and/or as otherwise may be required by
Applicable Law, neither Party shall have any obligation to defend, indemnify or
hold harmless, or acquire any license or right for the benefit of, or owe any other
obligation or have any liability to, the other Party or its Customers based on
or arising from any claim, demand, or proceeding by any third party alleging or
asserting that the use of any circuit, apparatus, or system, or the use of any
software, or the performance of any service or method, or the provision of any
facilities by either Party under this Agreement, alone or in combination with
that of the other Party, constitutes direct, vicarious or contributory
infringement or inducement to infringe, misuse or misappropriation of any
patent, copyright, trademark, trade secret, or any other proprietary or
intellectual property right of any Party or third party. Each Party, however,
shall offer to the other reasonable cooperation and assistance in the defense
of any such claim. 


                    28.16.3
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT
NEITHER PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY, EXPRESS OR
IMPLIED, THAT THE USE BY EACH PARTY OF THE OTHER’S FACILITIES, ARRANGEMENTS, OR
SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT GIVE RISE TO A CLAIM OF
INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT. 


                    28.16.4
TCG acknowledges that services and facilities to be provided by Verizon
hereunder may use or incorporate products, services or information 


95 





proprietary to
third party vendors and may be subject to third party intellectual property
rights. In the event that proprietary rights restrictions in agreements with
such third party vendors (1) do not permit Verizon to provide to TCG, without
additional actions or costs, particular unbundled Network Element(s) otherwise
required to be made available to TCG under this Agreement, or (2) limit
(without additional actions or costs) TCG’s co-extensive use of such rights in
connection with such particular unbundled Network Elements, then, as may be
required by Applicable Law: 


                    a)
Verizon agrees to notify TCG, directly or through a third party, of such
restrictions that extend beyond restrictions otherwise imposed under this
Agreement or applicable Tariff restrictions; and 


                    b)
Verizon shall use its best efforts, as commercially practical, to procure
rights or licenses to allow Verizon to provide to TCG the particular unbundled
Network Element(s), on terms comparable to terms provided to Verizon, directly
or on behalf of TCG (“Additional Rights/Licenses”). Costs associated with the
procurement of Additional Rights/Licenses shall be recovered as agreed by the
Parties and, absent such agreement, pursuant to the Dispute Resolution
procedures set forth in Section 28.11 of this Agreement; and 


                    c)
If, pursuant to Section 28.16.4(b), Verizon is unsuccessful in its attempt to
procure Additional Rights/Licenses, then Verizon shall provide prompt written
notification to TCG of such results. Such notification shall: (1) identify the
specific facilities or equipment (including software) that Verizon is unable to
provide pursuant to the license, as well as identify any and all related
facilities or equipment affected by the lack of Additional Rights/Licenses; (2)
identify the extent to which Verizon asserts TCG’s use has exceeded the scope
of the license; and (3) identify the specific circumstances that prevented
Verizon from obtaining the Additional Rights/Licenses. 


          28.17
Technology Upgrades 


          Notwithstanding
any other provision of this Agreement, except as may be prohibited or
conditioned under Applicable Law, each Party shall have the right to deploy,
upgrade, migrate and maintain its network at its discretion, including without
limitation through the incorporation of new equipment and/or new software. For
the avoidance of any doubt, Verizon’s obligations with respect to OSS under the
Change Management Process are not implicated in this Section and accordingly
are unaffected by this Section. 


          28.18
Survival 


          The
Parties’ obligations under this Agreement which by their nature are intended to
continue beyond the termination or expiration of this Agreement (including,
without limitation, the obligation to pay amounts owed hereunder (to include
indemnification obligations) and the obligation to protect the other Party’s
Confidential or Proprietary Information) shall survive the termination or
expiration of this Agreement. 


96





          28.19
Entire Agreement 


          The
terms contained in this Agreement and any Schedules, Exhibits, tariffs and
other documents or instruments referred to herein, which are incorporated into
this Agreement by this reference, constitute the entire agreement between the
Parties with respect to the subject matter hereof, superseding all prior
understandings, proposals and other communications, oral or written. Neither
Party shall be bound by any preprinted terms additional to or different from
those in this Agreement that relate to the subject matter of this Agreement
that may appear subsequently in the other Party’s form documents, purchase
orders, quotations, acknowledgments, invoices or other communications unless
the document otherwise comports with Section 28.21. 


          28.20
Counterparts 


          This
Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument. 


          28.21
Modification, Amendment, Supplement, or Waiver 


          No
modification, amendment, supplement to, or waiver of the Agreement or any of
its provisions shall be effective and binding upon the Parties unless it is
made in writing and duly signed by the Parties. A failure or delay of either
Party to enforce any of the provisions hereof, to exercise any option which is
herein provided, or to require performance of any of the provisions hereof
shall in no way be construed to be a waiver of such provisions or options. 


          28.22
Successors and Assigns 


          This
Agreement shall be binding on and inure to the benefit of the Parties and their
respective legal successors and permitted assigns. 


          28.23
Publicity and Use of Trademarks or Service Marks 


          Neither
Party nor its subcontractors or agents shall use the other Party’s trademarks,
service marks, logos or other proprietary trade dress in any advertising, press
releases, publicity matters or other promotional materials without such Party’s
prior written consent; provided, however, that nothing herein shall be deemed
to preclude either Party from engaging in lawful comparative advertising. 


          28.24
Severability 


          If
any provision of this Agreement shall be invalid or unenforceable under
Applicable Law, such invalidity or unenforceability shall not invalidate or
render unenforceable any other provision of this Agreement, and this Agreement
shall be construed as if it did not contain such invalid or unenforceable
provision; provided, that if the invalid or unenforceable provision is a
material provision of this Agreement, or the invalidity or unenforceability
materially affects the rights or obligations of a Party 


97 





hereunder or
the ability of a Party to perform any material provision of this Agreement, the
Parties shall promptly renegotiate in good faith and amend in writing this
Agreement in order to make such mutually acceptable revisions to this Agreement
as may be required in order to conform the Agreement to Applicable Law. 


          28.25
Subcontracting 


          If
any obligation under this Agreement is performed through a subcontractor, the
subcontracting Party shall remain fully responsible for the performance of this
Agreement in accordance with its terms, including any obligations it performs
through the subcontractor. The subcontracting Party shall be solely responsible
for payments due its subcontractors. Except as may be specifically set forth in
this Agreement, no subcontractor shall be deemed a third party beneficiary for
any purposes under this Agreement. 


          28.26
[Intentionally deleted] 


          28.27
CLEC Certification 


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


          28.28
Nonexclusive Remedies 


          Except
as otherwise expressly provided in this Agreement, each of the remedies
provided under this Agreement is cumulative and is in addition to any remedies
that may be available at law or in equity. 


98






          IN
WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the date first written above. 


	
  

 	
  

 	
  

 
	
 TELEPORT COMMUNICATIONS GROUP INC.

 	
  

 	
 VERIZON NEW YORK INC.

 
	
  

 	
  

 	
  

 
	
 By: /s/ Bruce W. Cooper

 	
  

 	
 By: /s/ Jeffrey Masoner

 
	
 


 	
  

 	
 


 
	
  

 	
  

 	
  

 
	
 Printed:
 Bruce W. Cooper

 	
  

 	
 Printed: Jeffrey Masoner

 
	
  

 	
  

 	
  

 
	
 Title: Regional
 Vice President

 	
  

 	
 Title: Vice
 President,

 
	
  

 	
  

 	
           Wholesale
 Markets

 


99







EXHIBIT A 


EXHIBIT A


VERIZON NEW YORK AND TCG


DETAILED SCHEDULE OF ITEMIZED CHARGES


1. VERIZON SERVICES, FACILITIES, AND ARRANGEMENTS: 


	
  

 	
  

 
	
 A.

 	
 INTERCONNECTION 

 
	
  

 	
  

 
	
 I.

 	
 Rates for Transport & Termination of Reciprocal Compensation
 Traffic (Reciprocal Compensation Rates)

 






	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 Rates for
 Reciprocal Compensation Traffic pursuant to Section 5.7.3.1 of this
 Agreement.

 	
  

 	
 Per PSC NY
 No. 8 Tariff

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 End Office
 rate (“Meet Point A arrangement”)

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 Tandem rate
 (“Meet Point B arrangement”)

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 Access
 charges for termination of intrastate and interstate Toll Traffic

 	
  

 	
 Per Verizon
 FCC No. 11 interstate and PSC NY No. 11 intrastate access tariffs (charged in
 conjunction with Reciprocal Compensation Traffic, using PLU and PIU factors,
 as appropriate)

 
	
  

 	
  

 	
  

 	
  

 
	
 3.

 	
 Entrance
 facilities, and transport, as appropriate, for Interconnection at Verizon End
 Office, Tandem Office, or other Point of Interconnection

 	
  

 	
 Per PSC NY
 No. 8 tariff, Sections 35.6.4 and 35.7.1, Verizon FCC No. 11 interstate and
 PSC NY No 11 intrastate access Tariffs (using PLU and PIU factors, as
 appropriate)

 


 100





EXHIBIT A 


	
  

 	
  

 
	
 II.

 	
 Intercarrier Compensation Rates for the Exchange of Internet Traffic1

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 (1)

 	
 Intercarrier
 compensation rates for the exchange of Internet Traffic delivered at the
 relevant Verizon switch.2

 	
  

 	
 Recurring Charges:

 	
  

 	
 Non-Recurring 

 Charges:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 June 14,
 2001 through December13, 2001

 	
  

 	
 $0.0015 per
 minute of use

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 December 14,
 2001 through June13, 2003

 	
  

 	
 $0.0010 per
 minute of use

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 June 14,
 2003 and thereafter

 	
  

 	
 $0.0007 per
 minute of use

 	
  

 	
  

 






	
  

 	
  

 
	

 


 	
  

 
	
           1
 The rates for the exchange of Internet Traffic that is compensable pursuant
 to the FCC Internet Order set out in this Section 1.A.II (1), “Intercarrier
 Compensation rates for the exchange of Internet Traffic delivered at the
 relevant Verizon switch”, are included in this Exhibit A as a convenience to
 the Parties. Notwithstanding any other provision of this Agreement, the
 Parties’ rights and obligations with respect to any intercarrier compensation
 that may be due in connection with their exchange of Internet Traffic shall
 be governed by the FCC Internet Order. Notwithstanding any other provision of
 the Agreement (but subject to the change of law provisions of this
 Agreement), Reciprocal Compensation Traffic does not include any Internet
 Traffic. 

 
	
  

 
	
           2
 The rates for the exchange of Internet Traffic that is compensable pursuant
 to the FCC Internet Order set out in this Section 1.A.II (1), “Intercarrier
 Compensation rates for the exchange of Internet Traffic delivered at the
 relevant Verizon switch,” are adopted pursuant to Paragraphs 77 through 88 of
 the FCC’s Order on Remand and Report and Order, In the Matter of Implementation of the Local Competition Provisions
 in the Telecommunications Act of 1996, Intercarrier Compensation for
 ISP-Bound Traffic, FCC 01-131, CC Docket Nos. 96-98 and 99-68
 (4/18/01). The dates shown in this Exhibit A are not intended to modify the
 Term of the Agreement or to affect either Party’s right to exercise any right
 of termination it may have under the Agreement. 

 


101





EXHIBIT A 


	
  

 	
  

 
	
 II.

 	
 Transient Tandem Service 

 
	
  

 	
  

 
	
  

 	
 a. Transient Tandem Service

 
	
  

 	
  

 
	
  

 	
 The rate(s)
 for Transient Tandem Service is based upon the rates set forth in PSC NY No.
 8 Tariff, as amended from time to time. 

 
	
  

 
	
 B. UNBUNDLED NETWORK ELEMENTS 

 
	
  

 
	
 I.

 	
 Unbundled Database Access 

 
	
  

 	
  

 
	
  

 	
 a. 800/888 Database 

 
	
  

 	
  

 
	
  

 	
 Reciprocal
 Compensation (refer to I above) in accordance with the terms of Section 6.4
 of this Agreement. 

 
	
  

 	
  

 
	
  

 	
 800 Database
 inquiry: as set forth in the PSC NY No. 10 Tariff, Section 5.7.7 (B) and PSC
 NY No. 8 Tariff, Section 35.9, as amended from time to time. 

 
	
  

 	
  

 
	
  

 	
 b. LIDB 

 
	
  

 	
  

 
	
  

 	
 LIDB
 Database Query as set forth in the PSC NY No. 10 Tariff, Section 5.7.7 (C)
 and PSC NY No. 8 Tariff, Section 35.10, as amended from time to time. 

 
	
  

 	
  

 
	
 II.

 	
 Unbundled Local Loops 

 
	
  

 	
  

 
	
  

 	
 Rates for
 all ULL types are as set forth in Verizon’s PSC NY No. 10 Tariff, Section
 5.5.2, as amended from time to time, subject to the provisions of Section 11
 of this Agreement. 

 
	
  

 	
  

 
	
 III.

 	
 Unbundled IOF

 
	
  

 	
  

 
	
  

 	
 Rates for
 all unbundled IOF elements are as set forth in Verizon’s PSC NY No. 10
 Tariff, Section 5.3.4, as amended from time to time, subject to the
 provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 IV.

 	
 Unbundled Common Channel Signaling and Call-Related Database Access 

 
	
  

 	
  

 
	
  

 	
 Rates for
 all unbundled Common Channel Signaling and Call-related Database Access are
 as set forth in Verizon’s PSC NY No. 10 Tariff, Section 5.7.7 and PSC NY No.
 8 Tariff, Section 35.8, as amended from time to time, subject to the
 provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 V.

 	
 Unbundled Local Switching 

 


102





EXHIBIT A 


	
  

 	
  

 
	
  

 	
 Rates for
 all unbundled local switching elements are as set forth in Verizon’s PSC NY
 No. 10 Tariff, Section 5.6.1.7, as amended from time to time, subject to the
 provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 VI.

 	
 Unbundled Tandem Switching 

 
	
  

 	
  

 
	
  

 	
 Rates for
 all unbundled tandem switching elements are as set forth in Verizon’s PSC NY
 No. 10 Tariff, Section 5.4.4, as amended from time to time, subject to the
 provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 VII.

 	
 Unbundled Network Interface Device and House and Riser Cable 

 
	
  

 	
  

 
	
  

 	
 Rates for
 unbundled network interface device as set forth in Verizon’s PSC NY No. 10
 Tariff, Section 5.2.3, as amended from time to time, subject to the
 provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 VIII.

 	
 Intrastate Collocation 

 
	
  

 	
  

 
	
  

 	
 The rates
 for Intrastate Collocation are based upon the rates set forth in PSC NY No. 8
 Tariff, as amended from time to time. 

 
	
  

 	
  

 
	
 IX.

 	
 Line Sharing 

 
	
  

 	
  

 
	
  

 	
 Rates for
 Line Sharing are as set forth in Verizon’s PSC NY No. 10 Tariff, Section
 5.18.4, as amended from time to time, subject to the provisions of Section 11
 of this Agreement. 

 
	
  

 	
  

 
	
 IX(a).

 	
 Line Splitting 

 
	
  

 	
  

 
	
  

 	
 Rates for
 Line Splitting are as set forth in Verizon’s PSC NY No. 10 Tariff, Section
 5.22.4, as amended from time to time, subject to the provisions of Section 11
 of this Agreement. 

 
	
  

 	
  

 
	
 X.

 	
 Combinations of Unbundled Network Elements - Platform, Trunk Port,
 Link, and Other 

 
	
  

 	
  

 
	
  

 	
 Rates for
 combination types are as set forth in Verizon’s PSC NY No. 10 Tariff,
 Sections 5.12, 5.13, 5.14 and 5.15, as amended from time to time, subject to
 the provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 XI.

 	
 Unbundled Sub-Loop Arrangements (USLA) 

 
	
  

 	
  

 
	
  

 	
 Rates for
 USLA are as set forth in Verizon’s PSC NY No. 10 Tariff, Section 5.19.4, as
 amended from time to time, subject to the provisions of Section 11 of this
 Agreement. 

 
	
  

 	
  

 
	
 XI(a).

 	
 Unbundled Feeder Sub-Loops 

 


103





EXHIBIT A 


	
  

 	
  

 	
  

 
	
  

 	
 Rates for
 unbundled Feeder Sub-Loops are as set forth in Verizon’s PSC NY No. 10
 Tariff, Section 5.21.4, as amended from time to time, subject to the
 provisions of Section 11 of this Agreement. 

 
	
  

 	
  

 
	
 XII.

 	
 Dark Fiber 

 
	
  

 	
  

 
	
  

 	
 Rates for
 Dark Fiber are as set forth in Verizon’s PSC NY No. 10 Tariff, Section
 5.20.4, as amended from time to time, subject to the provisions of Section 11
 of this Agreement. 

 
	
  

 	
  

 
	
 C. RESALE 

 
	
  

 
	
 I. Wholesale Discounts 

 
	
  

 	
  

 
	
  

 	
 Wholesale
 discounts are as set forth in the PSC NY Tariff No. 9, Section 10.6.1, as
 amended from time to time. 

 
	
  

 	
  

 
	
  

 	
 Month- to-
 month discounts: 

 
	
  

 	
  

 
	
  

 	
 a. Where TCG
 purchases Verizon-provided Operator Services 

 
	
  

 	
  

 
	
  

 	
  

 	
 (1) Business

 
	
  

 	
  

 
	
  

 	
  

 	
 (2)
 Residence

 
	
  

 	
  

 
	
  

 	
 b. Where TCG
 does not purchase Verizon Operator Services 

 
	
  

 	
  

 
	
  

 	
  

 	
 (1) Business

 
	
  

 	
  

 
	
  

 	
  

 	
 (2) Residence

 
	
  

 	
  

 	
  

 
	
 D.

 	
 CUSTOMER USAGE DETAIL CHARGES 

 
	
  

 	
  

 
	
  

 	
 Rates for
 Customer Usage Detail are as set forth in Verizon’s PSC NY No. 10 Tariff,
 Section 5.6.1.7(I) and PSC NY No. 9 Tariff, Section 10.9.1, as amended from
 time to time. 

 
	
  

 	
  

 
	
 E.

 	
 TIME AND MATERIALS CHARGES 

 
	
  

 	
  

 
	
  

 	
 Rates for
 Time and Materials are as set forth in Verizon’s PSC NY No. 10 Tariff, as
 amended from time to time. 

 
	
  

 	
  

 
	
 F.

 	
 911/E911 INTERCONNECTION 

 
	
  

 	
  

 
	
  

 	
 Rates for
 interconnection to Verizon 911 or E911 hub tandem and access to subtending PSAPs
 are as set forth in Verizon’s PSC NY No. 8, Section 35.11.1, as amended from
 time to time. 

 
	
  

 	
  

 
	
 G.

 	
 OPERATIONS SUPPORT SYSTEMS 

 
	
  

 	
  

 	
  

 
	
  

 	
 a.

 	
 Rates for
 all access to, development, maintenance and use of Operations Support
 Systems, as related to the provision of unbundled Network Elements, are as
 set forth in Verizon’s PSC NY No. 10 Tariff, as amended 

 


104





EXHIBIT A


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 from time to
 time, subject to the provisions of Section 11 and Schedule 11 of this
 Agreement.

 
	
  

 	
  

 	
  

 
	
  

 	
 b.

 	
 Rates for
 all access to, development, maintenance and use of Operations Support
 Systems, as related to the provision of Resale, are as set forth in Verizon’s
 PSC NY No. 9 Tariff, as amended from time to time, subject to the provisions
 of Section 12 and Schedule 11 of this Agreement. 

 
	
  

 	
  

 	
  

 
	
  

 	
 c.

 	
 Rates for
 all access to, development, maintenance and use of Operations Support
 Systems, as related to the provision of Interconnection are as set forth in
 Verizon’s PSC NY No. 8 Tariff, as amended from time to time, subject to the
 provisions of this Agreement. 

 
	
  

 	
  

 	
  

 	
  

 
	
 H.

 	
 BILLING AND COLLECTION FEE

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Recurring
 Charge:

 	
 $0.05/Call

 
	
  

 	
  

 	
 Non-Recurring
 Charge:

 	
 Not
 Applicable

 


105





EXHIBIT A 


2. TCG SERVICES, FACILITIES, AND
ARRANGEMENTS: 


	
  

 	
  

 
	
 A.

 	
 INTERCONNECTION

 
	
  

 	
  

 
	
 I.

 	
 Rates for Transport & Termination of Reciprocal Compensation
 Traffic (Reciprocal Compensation Rates) 

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring

 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 (1) Rate for
 Reciprocal Compensation Traffic pursuant to Section 5.7.3.1 of this
 Agreement.

 	
  

 	
 Available at
 TCG’s tariffed or otherwise generally available rates, not to exceed Verizon
 rates for equivalent services available to TCG pursuant to Section 20.3 of
 this Agreement.

 
	
  

 	
  

 
	
 Tandem Rate
 (“Meet Point B arrangement”)

 	
  

 
	
  

 	
  

 	
  

 
	
 (2) Entrance
 facilities, and transport, as appropriate, for Interconnection at TCG End
 Office, Tandem Office, or other Point of Interconnection.

 	
  

 	
 Available at
 TCG’s tariffed or otherwise generally available rates (using PLU and PIU
 factors, as appropriate), not to exceed Verizon rates for equivalent services
 available to TCG pursuant to Section 20.3 of this Agreement.

 






	
  

 	
  

 
	
 II.

 	
 Intercarrier Compensation Rates for the Exchange of Internet Traffic3

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring

 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 (1)
 Intercarrier compensation rates for the exchange of Internet Traffic
 delivered at the relevant TCG switch.4

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 June 14,
 2001 through December 13, 2001

 	
  

 	
 $0.0015 per
 minute of use

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 December 14,
 2001 through June 13, 2003

 	
  

 	
 $0.0010 per
 minute of use

 	
  

 	
 Not Applicable

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 June 14,
 2003 and thereafter

 	
  

 	
 $0.0007 per
 minute of use

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 
	

 


 	
  

 
	
           3
 The rates for the exchange of Internet Traffic that is compensable pursuant
 to the FCC Internet Order set out in this Section 2.A.II (1), “Intercarrier
 Compensation rates for the exchange of Internet Traffic delivered at the
 relevant TCG switch”, are included in this Exhibit A as a convenience to the
 Parties. Notwithstanding any other provision of this Agreement, the Parties’
 rights and obligations with respect to any intercarrier compensation that may
 be due in connection with their exchange of Internet Traffic shall be
 governed by the FCC Internet Order. Notwithstanding any other provision of
 the Agreement (but subject to the change of law provisions of this
 Agreement), Reciprocal Compensation Traffic does not include any Internet
 Traffic. 

 


106





EXHIBIT A 


	
  

 	
  

 
	
 III.

 	
 Exchange Access Service 

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Service or
 Element Description:

 	
  

 	
 Recurring
 Charges:

 	
  

 	
 Non-Recurring

 Charges:

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
      Interstate

 	
  

 	
 Per TCG FCC
 exchange access tariff as amended from time to time (using PLU and PIU
 factors, as appropriate).

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
      Intrastate

 	
  

 	
 Per TCG NY
 exchange access tariff as amended from time to time (using PLU and PIU
 factors, as appropriate).

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 B. All Other TCG Services Available to Verizon for Purposes of
 Effectuating Local Exchange Competition

 	
  

 	
 Available at
 TCG’s tariffed or otherwise generally available rates, not to exceed Verizon
 rates for equivalent services available to TCG pursuant to Section 20.3 of
 this Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 C. Billing and Collection Fee

 	
  

 	
 $.05/Call 

 	
  

 	
 No Charge

 






	
  

 	
  

 
	

 


 	
  

 
	
 4 The rates for the exchange of Internet Traffic that
 is compensable pursuant to the FCC Internet Order set out in this Section
 2.A.II (1), “Intercarrier Compensation rates for the exchange of Internet
 Traffic delivered at the relevant TCG switch,” are adopted pursuant to
 Paragraphs 77 through 88 of the FCC’s Order on Remand and Report and Order. In the Matter of Implementation of the Local
 Competition Provisions in the Telecommunications Act of 1996, Intercarrier
 Compensation for ISP-Bound Traffic, FCC 01-131, CC Docket Nos.
 96-98 and 99-68 (4/18/01). Notwithstanding any other provision of this
 Agreement, the rates for the exchange of Internet Traffic that is compensable
 pursuant to the FCC Internet Order set out in Section 2.A.II (1) are intended
 to be the same as the rates that Verizon bills to TCG for the exchange of
 Internet Traffic that is compensable pursuant to the FCC Internet Order set
 out in Section 1.A.II (1). Except as may otherwise be required by Applicable
 law, (i) in the event of any change in the rates for the exchange of Internet
 Traffic that is compensable pursuant to the FCC Internet Order set out in
 Section 1.A.II (1), the rates for the exchange of Internet Traffic that is
 compensable pursuant to the FCC Internet Order set out in this Section 2.A.II
 (1) shall automatically change to be the same as the rates for the exchange
 of Internet Traffic that is compensable pursuant to the FCC Internet Order
 set out in Section 1.A.II (1), and (ii) the per minute of use rates billed by
 TCG to Verizon for the exchange of Internet Traffic that is compensable
 pursuant to the FCC Internet Order shall not exceed the same per minute of
 use rates for the exchange of Internet Traffic that is compensable pursuant
 to the FCC Internet Order billed by Verizon to TCG. The dates shown in this
 Exhibit A are not intended to modify the Term of the Agreement or to affect
 either Party’s right to exercise any right of termination it may have under
 the Agreement. 

 


107





EXHIBIT A 


APPENDIX A TO EXHIBIT A


LOCAL AND TOLL CALL FLOWS AND USAGE BILLING
IN CONJUNCTION WITH UNE-PLATFORM


This Appendix
A to Exhibit A includes twenty five (25) specifically identified call flow diagrams
which serve as the primary source for pricing purposes of unbundled local usage
charges that are billed to TCG by Verizon in respect of the specific call flows
included in this Appendix A to Exhibit A. These call flow diagrams are not to
be considered determinative of all possible calling scenarios between TCG and
Verizon. They represent only some call flows and resulting usage and associated
call detail record charges, and as such, they are not intended to control for
any other pricing purposes. Notwithstanding any references to Resold Services,
nothing in this Appendix A shall govern or otherwise affect the terms and
conditions of Verizon’s offering of Resold Services. 


The charges
described in this Appendix A reflect only applicable unbundled local usage
charges and applicable Customer Usage Detail record charges. Flat rated,
monthly recurring charges and non-recurring charges for unbundled Network
Elements and exchange access services are not noted in these diagrams. Nothing
in this Appendix A shall preclude either Party from billing third parties for
usage associated with these call scenarios where multiple carriers interact to
originate, transmit and terminate a single call.


108






Appendix A to Exhibit A 


CALL FLOWS – ACRONYMS 


The following terms, used in
this Call Flows Appendix A to Exhibit A, shall have the meanings specified below. 


“AEU” means CLEC A End User 


“ALP” means CLEC A Line Port


“BEU” means CLEC B End User 


“BLIC” means a Busy Line Interrupt Charge 


“BLVC” means a Busy Line Verification Charge 


“BSC” means Branding Surcharge 


“CCSC” means Call Completion Surcharge 


“CLBS” means CLEC B owned Switch 


“DAC” means Directory Assistance Charge 


“EU” means End User 


“IXC POP” means Interexchange Carrier Point of Presence 


“STP” means Shared Trunk Port 


“TTSC” means Transit Tandem Switching Charge 


“UCRCC” means Unbundled CLEC Reciprocal Compensation Charge 


“UIC” means Unbundled ISUP (ISDN User Part) Charge 


“ULCTC” or “UCTC” means
Unbundled Local Common Transport Charge (a.k.a. Verizon Shared Transport) 


“ULSC-O” means Unbundled Local Switching Charge - Originating 


“ULSC-T” means Unbundled Local Switching Charge - Terminating 


“UNRCC” means Unbundled Verizon North Reciprocal Compensation Charge 


“USTPC” means Unbundled Shared Trunk Port Charge 


“UTC” means Unbundled TCAP Charge 


“UTTC” means Unbundled Tandem Transport Charge 


“VZNEOS” means Verizon North End Office Switch 


“VZNEU” means Verizon North End User 


“VZNLP” means Verizon North Line Port 


“VZNTOPS” means Verizon North TOPS (Traffic Operator Position System) 


“VZNTS” means Verizon North Tandem Switch 


109






Appendix A to Exhibit A 


Local Calls Originating and Terminating in the Same Verizon NY Switch


	
  

 	
  

 
	
 Scenario 1

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Intra-Switch

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 Verizon NY, CLEC UNE,
 Resale End User

 






TCG bills the TCG UNE-P end
user Customer.


VERIZON bills TCG ULSC-O and
Customer Usage Detail charges apply pursuant to the rates and terms of this Agreement.


110





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 2

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Intra-Switch

 
	
 From:

 	
 Verizon NY, CLEC UNE,
 Resale End User

 
	
 To:

 	
 TCG UNE-P End User

 






VERIZON bills the Verizon NY
end user Customer. 


No unbundled local usage
charges apply to TCG.


111





Appendix A to Exhibit A 


Local Calls Originating and Terminating in
Different Switches


	
  

 	
  

 
	
 Scenario 4

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Inter-Switch

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 Verizon NY End User

 
	
 Call Routing:

 	
 Direct or via Verizon NY
 Tandem

 






TCG bills the TCG UNE-P end
user Customer.


VERIZON bills TCG ULSC-O,
UIC, ULCTC, UNRCC and Customer Usage Detail charges apply pursuant to the rates
and terms of this Agreement.


112





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 7

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Inter-Switch

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 CLEC B End User served by
 CLEC B Switch

 
	
 Call Routing:

 	
 Direct or via Verizon NY
 Tandem

 






TCG bills the TCG UNE-P end
user Customer.


VERIZON bills TCG ULSC-O,
UIC, ULCTC, UCRCC and Customer Usage Detail charges apply pursuant to the rates
and terms of this Agreement.


113





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 8

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Inter-Switch

 
	
 From:

 	
 Verizon NY End User

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Direct or via Verizon NY
 Tandem

 






VERIZON bills the VERIZON NY
end user Customer. 


VERIZON does not bill TCG
unbundled local usage charges.


114





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 11B

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Inter-Switch

 
	
 From:

 	
 CLEC B End User served by
 CLEC B Switch

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Tandem

 






CLEC B bills the CLEC B end
user Customer.


VERIZON bills CLEC B
Reciprocal Compensation under VERIZON/CLEC B Agreement No unbundled local usage
charges apply to TCG UNEP.


115





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 11C

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Local Inter-Switch

 
	
 From:

 	
 CLEC B End User served by
 CLEC B Switch

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Direct

 






CLEC B bills the CLEC B end
user Customer.


VERIZON bills CLEC B
Reciprocal Compensation under VERIZON/CLEC B Agreement No unbundled local usage
charges apply to TCG UNEP.


116





Appendix A to Exhibit A 


IntraLATA Toll Calls


	
  

 	
  

 
	
 Scenario 12A

 	
  

 
	
  

 	
  

 
	
 Call
 Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 3rd Party
 Carrier

 
	
 Call
 Routing:

 	
 Direct

 
	
 LPIC:

 	
 All 3rd Party
 IntraLATA Carriers*

 






3rd Party Carrier bills the
end user Customer. 


VERIZON bills TCG ULSC-O,
USTPC, UIC. 


TCG bills 3rd Party Carrier
State Access Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


*NOTE:
This diagram does not apply to TCG UNE-P when the LPIC has been designated as a
Verizon LPIC (e.g., “0698”). See Call Flow 15NY for an example of when the
Verizon LPIC has been selected.


117





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 12BB

 	
  

 
	
  

 	
  

 
	
 Call
 Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 3rd Party
 Carrier

 
	
 Call
 Routing:

 	
 Tandem

 
	
 LPIC:

 	
 All 3rd Party
 IntraLATA Carriers*

 






3rd Party Carrier bills the
end user Customer.


VERIZON bills TCG ULSC-O,
UIC, USTPC, UTTC1, TTSC. 


TCG bills 3rd Party Carrier
State Access Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


*NOTE:
This diagram does not apply to TCG UNE-P when the LPIC has been designated as a
Verizon LPIC (e.g., “0698”). See Call Flow 15NY for an example of when the
Verizon LPIC has been selected.


118





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 12CC

 	
  

 
	
  

 	
  

 
	
 Call
 Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 3rd Party
 Carrier

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call
 Routing:

 	
 Direct

 






3rd Party Carrier bills the
end user Customer. 


VERIZON bills TCG UIC,
ULSC-T, USTPC. 


TCG bills 3rd Party Carrier
State Access Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


119





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 12DD

 	
  

 
	
  

 	
  

 
	
 Call
 Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 3rd Party
 Carrier

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call
 Routing:

 	
 Tandem

 






3rd Party Carrier bills the end user Customer.


VERIZON bills TCG ULSC-T, USTPC, UTTC2, TTSC and UIC.


TCG bills 3rd Party Carrier State Access Charges.


Customer Usage Detail charges apply pursuant to the rates and terms of this Agreement.


120






Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 15 NY

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 Verizon NY End User

 
	
 Call Routing:

 	
 Direct or via Verizon NY
 Tandem

 






TCG bills the TCG UNE-P end
user Customer.


VERIZON bills TCG ULSC-O,
UIC, ULCTC, UNRCC and Customer Usage Detail charges apply pursuant to the rates
and terms of this Agreement.


NOTE:
This Call Flow 15NY is an example of when TCG designates Verizon as the LPIC
(e.g., “0698”)


121





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 17A

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 Verizon NY End User

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Direct or via a Verizon NY
 Tandem

 






VERIZON bills the VERIZON NY
end user Customer 


VERIZON does not bill TCG
unbundled local usage charges


122





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 18A

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 CLEC B End User served by
 CLEC B Switch

 
	
 Call Routing:

 	
 Direct or via a Verizon NY
 Tandem

 






TCG bills the TCG UNE-P end
user Customer.


VERIZON bills TCG ULSC-O,
UIC, ULCTC, UCRCC and Customer Usage Detail charges apply pursuant to the rates
and terms of this Agreement.


123





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 18B

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 CLEC B End User served by
 CLEC B Switch

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Tandem

 






CLEC B bills the CLEC B end
user Customer.


VERIZON bills CLEC B
Reciprocal Compensation under VERIZON/CLEC B Agreement.

No Network Element
usage charges apply to TCG UNEP.


124





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 18BB

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 IntraLATA Toll Call

 
	
 From:

 	
 CLEC B End User served by
 CLEC B Switch

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Direct

 






CLEC B bills the CLEC B end
user Customer.


VERIZON bills CLEC B
Reciprocal Compensation under VERIZON/CLEC B Agreement.

No Network Element
usage charges apply to TCG UNEP.


125





Appendix A to Exhibit A 


InterLATA Toll Calls


	
  

 	
  

 
	
 Scenario 19A

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 InterLATA Toll Call

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 IXC

 
	
 Call Routing:

 	
 Direct

 
	
 PIC:

 	
 All InterLATA Carriers

 






IXC bills the IXC end user
Customer. 


VERIZON bills TCG ULSC-O,
USTPC, UIC. 


TCG bills IXC Access
Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


126





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 19B

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 InterLATA Toll Call

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 IXC

 
	
 Call Routing:

 	
 Tandem

 
	
 PIC:

 	
 All InterLATA Carriers

 






IXC bills the IXC end user
Customer.


VERIZON bills TCG ULSC-O,
UIC, USTPC, UTTC1, TTSC. 


TCG bills IXC Access Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


127





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 21A

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 InterLATA Toll Call

 
	
 From:

 	
 IXC

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing:

 	
 Direct

 
	
 PIC:

 	
 All InterLATA Carriers

 






IXC bills the IXC end user
Customer.


VERIZON bills TCG ULSC-T,
USTPC and UIC. 


TCG bills IXC Carrier Access
Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


128





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 21B

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 InterLATA Toll Call

 
	
 From:

 	
 IXC

 
	
 To:

 	
 TCG UNE-P End User

 
	
 Call Routing

 	
 Tandem

 
	
 PIC

 	
 All InterLATA Carriers

 






IXC bills the IXC end user
Customer.


VERIZON bills TCG ULSC-T,
USTPC, TTSC, UTTC2 and UIC. 


TCG bills IXC Carrier Access
Charges.


Customer Usage Detail
charges apply pursuant to the rates and terms of this Agreement.


129





Appendix A to Exhibit A 


PhoneSmart Activation


	
  

 	
  

 
	
 Scenario 30

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Call Trace,
 Call Return or Repeat Dialing

 
	
 From:

 	
 TCG UNE-P
 End User dials *57, *69, or *66

 






In Scenario 30 TCG owns
call, receives call record and is billed UTC and Customer Usage Detail charges
apply pursuant to the rates and terms of this Agreement. NOTE: A separate unrelated call record will
be generated, when PhoneSmart activation results in a regular completed call.


130





Appendix A to Exhibit A 


Directory Assistance and Operator Services


	
  

 	
  

 
	
 Scenario 33

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Directory
 Assistance

 
	
 From:

 	
 TCG UNE-P
 End User

 
	
 To:

 	
 Verizon NY
 TOPS

 
	
 Trunk Port

 	
 Shared

 
	
 Branding:

 	
 Yes

 
	
 Call Completed:

 	
 No

 






In Scenario 33 TCG owns
call, receives call record and is billed ULSC-O, USTPC, DAC (unbranded) and BSC
and Customer Usage Detail charges apply pursuant to the rates and terms of this
Agreement.


131





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 34

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Busy Line
 Verify

 
	
 From:

 	
 TCG UNE-P
 End User

 
	
 To:

 	
 Verizon NY
 TOPS

 
	
 Trunk Port:

 	
 Shared

 
	
 Branding:

 	
 Yes

 






In Scenario 34 TCG owns
call, receives call record and is billed ULSC-O, USTPC, BLVC and BSC and
Customer Usage Detail charges apply pursuant to the rates and terms of this
Agreement.


132





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 35

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Busy Line Verify &
 Interrupt

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 Verizon NY TOPS

 
	
 Trunk Port

 	
 Shared

 
	
 Branding:

 	
 Yes

 






In Scenario 35 TCG owns
call, receives call record and is billed ULSC-O, USTPC, BLIC and BSC and
Customer Usage Detail charges apply pursuant to the rates and terms of this
Agreement.


133





Appendix A to Exhibit A 


	
  

 	
  

 
	
 Scenario 39

 	
  

 
	
  

 	
  

 
	
 Call Type:

 	
 Directory Assistance Call
 Completion

 
	
 From:

 	
 TCG UNE-P End User

 
	
 To:

 	
 Any End User

 
	
 Trunk Port:

 	
 Shared

 
	
 Routing:

 	
 Verizon NY TOPS

 






	
  

 	
  

 	
  

 
	
  

 	
 In Scenario 39 TCGowns
 call, receives call record and is billed ULSC-O, USTPC, UIC, UTTC 1, CCSC,
 TTSC, UTTC 2 and UNRCC or UCRCC (depending on ownership of terminating end
 office) and Customer Usage Detail charges apply pursuant to the rates and
 terms of this Agreement. The above charges are billed in addition to the
 charges already applicable to the original DA query (Scenario 33).

 
	
  

 	
  

 	
  

 
	
  

 	
 3 separate
 call records are generated for Scenario 33 and Scenario 39, as follows: 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 • DA Query
 Record (33) 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 • DA Call
 Completion Record (39) 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 • Completed
 Call Record (39)

 






134






Schedule 5.6


SCHEDULE 5.6 


Bills


1. Issuance of Bills - General 


          1.1 Verizon and TCG will issue all bills in
accordance with the terms and conditions set forth in this Agreement. Verizon
and TCG will establish monthly billing dates (“Bill Date”) for each Billing
Account Number (“BAN”), which Bill Date shall be the same day month to month.
Each BAN shall remain constant from month to month, unless changed as agreed to
by the parties. Each Party shall provide the other Party at least thirty (30) calendar
days written notice prior to changing, adding or deleting a BAN. The Parties
will provide one billing invoice associated with each BAN. 


          1.2 [Intentionally
deleted] 


          1.3 Each Party will provide the other Party
written notice of which bills are to be deemed the official bills to assist the
Parties in resolving any conflicts that may arise between the official bills
and other bills received via a different media which purportedly contain the
same charges as are on the official bill. If either Party requests an
additional copy(ies) of a bill, such Party shall pay the other Party a
reasonable fee per additional bill copy, unless such copy was requested due to
errors, omissions, or corrections or the failure of the transmission to comply
with the specifications set forth in this Agreement. 


          1.4 TCG and Verizon shall provide each
other reasonable notice if a billing transmission is received and cannot be
processed. Such transmission shall be corrected and resubmitted to the other
Party, at the resubmitting Party’s sole expense, in a form that can be
processed. If the fault in the transmission is due to an error by the billing
Party, the payment due date for such resubmitted transmission(s) will be thirty
(30) days from the date of the corrected transmission. 


2. Electronic Transmissions 


          2.1 Verizon and TCG agree that each Party
will transmit billing information and data in CABS:BOS format electronically
via Connect: Direct to the other Party at the location specified by such Party.
The parties agree that a T1.5 or 56kb circuit for Connect: Direct is required.
TCG data centers will be responsible for originating the calls for data
transmission via switched 56kb or T1.5 lines. If Verizon has an established
Connect: Direct link with TCG, that link can be used for data transmission if
the location and applications are the same for the existing link. Otherwise, a
new link for data transmission must be established. Verizon must provide TCG
its Connect: Direct Node ID and corresponding VTAM APPL ID before the first
transmission of data via Connect: Direct. TCG will supply to Verizon its RACF ID
and password before the first transmission of data via Connect: Direct. Each
Party shall provide to the other Party, in written form, all applicable dataset
format information. Any changes to either Party’s 


135





Schedule 5.6 


Connect:
Direct Node ID must be sent to the other Party no later than twenty-one (21)
calendar days before the changes take effect. 


3. Tape or Paper Transmissions 


          3.1 In the event that electronic
transmission of billing information and data via Connect: Direct is unavailable
due to service outage, or as otherwise mutually agreed to by the Parties, the
Parties will transmit billing information and data to each other via cartridge
tape, paper or such other medium as agreed to by TCG and Verizon for the
duration of the service outage. Within a reasonable time period following
service restoration, electronic transmission of billing information and data
via Connect: Direct shall resume. Each Party shall notify the other Party of the
correct billing address(es). 


4. Testing Requirements 


          4.1 At least fifteen (15) days prior to
either Party sending the other Party a mechanized bill for the first time via
electronic transmission, or at least fifteen (15) days prior to changing
mechanized formats, Verizon shall send to TCG bill data in the appropriate
mechanized format for testing to ensure that the bills can be processed. 


          4.2 During the testing period, the billing
Party shall transmit to the other Party billing data and information via paper
transmission. 


5. Additional Requirements 


          5.1 The Parties agree that if the billing
Party transmits data to the other Party in a mechanized format, the billing
Party will also comply with the following specifications: 


	
  

 	
  

 	
  

 
	
  

 	
 a.

 	
 The BAN
 shall not contain embedded spaces or low values. 

 
	
  

 	
  

 	
  

 
	
  

 	
 b.

 	
 The Bill
 Date shall not contain spaces or non-numeric values. 

 
	
  

 	
  

 	
  

 
	
  

 	
 c.

 	
 Each bill
 must contain at least one detail record. 

 
	
  

 	
  

 	
  

 
	
  

 	
 d.

 	
 Any “From”
 Date should be less than the associated “Through” Date and neither date can
 contain spaces. 

 



6. Bill Accuracy Certification 


          The
Parties agree that in order to ensure the proper performance and integrity of
the entire billing process, each Party will be responsible and accountable for
transmitting to the other Party an accurate and current bill. The Parties may
mutually agree to implement control mechanisms and procedures to render a bill
that accurately reflects the Unbundled Network Element, Combination,
Interconnection or Resold Service ordered and used by the other Party.


136






Schedule 5.6.7 


SCHEDULE 5.6.7 


APPLICABLE FACTORS


          PIU
and PLU factors may be reported at the state or LATA level. 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 FOR TRAFFIC

 ORIGINATING

 FROM:

 	
  

 	
 AND

 TERMINATING

 TO:

 	
  

 	
 LATA

 	
  

 	
 PIU (%)

 	
  

 	
 PLU (%)

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 
	
 Verizon

 	
  

 	
 TCG

 	
  

 	
 ALL

 	
  

 	
 The percentage currently in use as of the Effective Date of this
 Agreement.

 	
  

 	
 The percentage currently in use as of the Effective Date of this
 Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 TCG

 	
  

 	
 Verizon

 	
  

 	
 ALL

 	
  

 	
 The percentage currently in use as of the Effective Date of this
 Agreement.

 	
  

 	
 The percentage currently in use as of the Effective Date of this
 Agreement.

 


137






Schedule 7.1.4 


SCHEDULE 7.1.4 


Billing Process for Variable-Rated Information Services Calls 


          Verizon
offers the following billing process for TCG and Verizon to jointly ensure that
the TCG Customers making calls to the information services provider programs on
the Verizon platform are billed at correct rates, and that the information
services providers they call are reimbursed for the use of their services.
Prior to establishing working interconnection to the variable-rated services,
TCG must complete acceptance testing with Verizon for the billing process as
described below. Where TCG does not establish a billing arrangement, TCG agrees
that its Customers will not be able to complete calls to variable-rated
Information Service providers on the Bell Atlantic platform, regardless of
whether the Customers are served by TCG switching facilities, or by Unbundled
Network Element(s) purchased by TCG. 


“Information
Mass Announcement Service” (“IMAS”) is unique to the New York Metropolitan LATA
(132), and is not offered elsewhere in New York State or in any other state.
The billing process described below does not apply to IMAS traffic, which is
not a variable-rated Information Service. 


INFORMATION PROVIDER SERVICES BILLING PROCESS


	
  

 	
  

 	
  

 
	
  

 	
 A. Usage Processing

 
	
  

 	
  

 	
  

 
	
  

 	
 1a.

 	
 TCG, using
 its own facilities, records originating call detail and delivers Information
 Services Traffic to Verizon over a dedicated IP trunk. Verizon makes
 terminating recordings. Using the called number, TCG identifies the call as a
 variable-rated IP call. TCG sends the call detail record to Verizon in
 unrated EMI format.

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon
 rates correctly-formatted messages at the price set by the information
 services provider, and bills TCG for the full value of the call less the Billing and Collection Fee
 (“B&C Fee”) stated in Exhibit A. Incorrectly formatted records are not
 rated and no B&C Fee is applied. Rated messages are returned to TCG in
 rated EMI format. 

 
	
  

 	
  

 	
  

 
	
 —or—

 
	
  

 	
  

 	
  

 
	
  

 	
 1b.

 	
 TCG, using
 Verizon Unbundled Network Elements for Local Switching, receives originating
 call detail from Verizon in unrated EMI format. Using the called number, TCG
 identifies the call as a variable-rated IP call. TCG sends the call detail
 record to Verizon in unrated EMI format. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Verizon
 rates correctly-formatted messages at the price set by the information
 services provider, and bills TCG for the full value of the call less the Billing and Collection Fee
 (“B&C Fee”) stated in Exhibit A. 

 


138





Schedule 7.1.4 


	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Incorrectly
 formatted records are not rated and no B&C Fee is applied. Rated messages
 are returned to TCG in rated EMI format.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 Unless
 otherwise agreed to by the Parties, Verizon will not charge TCG for rating
 correctly-formatted messages. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Error
 messages will be returned in either unrated or rated EMI format, depending on
 the nature of the error. Appropriate indicators in the record will define the
 error. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 “Killer”
 calls, i.e. calls where the originating end user has disconnected within a
 Tariff-specified time limit in order to avoid charges, are returned with a
 special locally defined indicator. A Billing and Collection Fee as set forth
 in Exhibit A is credited to TCG for these calls, although there are no
 charges billable to the TCG Customer.

 
	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 TCG bills
 its Customer for the full value of the call as shown in the rated EMI record,
 calculates and collects appropriate state and local taxes. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Verizon uses
 the rated message to calculate the payment due the information services
 provider, and remits that amount to the information services provider. The
 information services provider is charged for “killer” calls according to
 Tariff regulations. 

 
	
  

 	
  

 	
  

 
	
  

 	
 B. Adjustments

 
	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 Using the
 called number, TCG identifies the call as a variable-rated IP call and sends
 a rated adjustment EMI format record to Verizon.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 TCG must
 provide the following information when requesting an adjustment from Verizon
 for information service provider call made by one of TCG’s Customers: 

 






	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 originating
 line number 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 the dialed
 IP subscriber number 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 the amount
 to be adjusted, not including tax 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 message date

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 connect time
 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 conversation
 time 

 






	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Verizon will
 follow its policy of allowing two (2) adjustments per line per year on
 eligible information service provider calls. Once two adjustments have been
 made for an originating end user line number, no further adjustments will be
 made to TCG’s account. 

 
	
  

 	
  

 	
  

 
	
  

 	
 C. Acceptance Testing

 


139





Schedule 7.1.4


	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 Acceptance
 testing between Verizon and TCG will demonstrate that both Parties are ready
 to deliver, process and receive usage and billing data as required, and that
 each has a Single Point of Contact (“SPOC”) available to the other. 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.

 	
 TCG will
 provide a sufficient volume of unrated usage data for testing various call
 scenarios, formatted and delivered to reflect the anticipated production
 environment. 

 
	
  

 	
  

 	
  

 
	
  

 	
 3.

 	
 Verizon will
 examine, process, and edit such data to produce a return data set of rated
 records, for delivery to TCG. 

 
	
  

 	
  

 	
  

 
	
  

 	
 4.

 	
 TCG will
 receive and process the Verizon data. 

 
	
  

 	
  

 	
  

 
	
  

 	
 5.

 	
 Both Parties
 will communicate and resolve testing issues until they mutually agree that
 each is able to format, deliver, receive and process data at an acceptable
 standard. 

 


140






Schedule 11


SCHEDULE 11


ACCESS TO OPERATIONS SUPPORT SYSTEMS


1.0 Definitions


          As
used in this Schedule 11, the following terms shall have the meanings stated
below: 


          1.1 “Verizon Operations Support Systems” or
“Verizon OSS” means Verizon interfaces for access to pre-ordering,
ordering/provisioning, maintenance and repair, and billing generally available
to all CLECs. 


          1.2 “Verizon OSS Services” means access to
Verizon Operations Support Systems functions of Pre-Ordering, Ordering/Provisioning,
Maintenance and Repair, and Billing. The term “Verizon OSS Services” includes,
but is not limited to: (a) Verizon’s provision of Customer Usage Detail
Information to TCG pursuant to this Agreement; and, (b) “Verizon OSS
Information”, as defined in Section 1.3 below. 


          1.3 “Verizon OSS Information” means any
information accessed by, or disclosed or provided to, TCG through or as a part
of Verizon OSS Services. The term “Verizon OSS Information” includes, but is
not limited to: (a) any Customer Information related to a Verizon Customer or
an TCG Customer accessed by, or disclosed or provided to, TCG through or as a
part of Verizon OSS Services; and, (b) any TCG Customer Usage Detail
Information (as defined in Section 1 of the General Terms and Conditions)
accessed by, or disclosed or provided to, TCG. 


2.0 General Conditions


          2.1
This Schedule 11 sets forth the terms and conditions under which Verizon will
provide electronic access to the following Verizon Operations Support Systems
and Verizon OSS Services. Verizon will provide such access to TCG through the
interfaces listed below or any other generally available Verizon OSS interfaces
(e.g., Web GUI) for pre-ordering, ordering, provisioning, maintenance and
repair, and billing in accordance with guidelines published by Verizon and
which are consistent with the Change Management Process described below. 


	
  

 	
  

 	
  

 
	
 Interface

 	
  

 	
 Function

 
	

 


 	
  

 	

 


 
	
 CORBA

 	
  

 	
 Pre-order

 
	
 EDI

 	
  

 	
 Ordering, Provisioning

 
	
 EBI

 	
  

 	
 Maintenance & Repair

 
	
 Connect: Direct

 	
  

 	
 Billing

 



          2.2
TCG agrees to access the Verizon OSS and utilize
Verizon OSS Services, only for the purposes of establishing and maintaining
Services provided to TCG by 


141





Schedule 11


Verizon.
Except as may be mutually agreed to by the Parties in writing, TCG agrees that
such use will comply with the security requirements of Verizon. 


          2.3
By accessing customer service records pursuant to this Schedule, TCG represents
and warrants that it has obtained any customer authorization or approval
(written, verbal or electronic) required by Applicable Law in order to receive
such information. TCG shall receive and retain such information in conformance
with the requirements of 47 USC 222 (and implementing FCC regulations
thereunder) and in accordance with Section 18.3. 


          2.4
Verizon will provide TCG with access to Verizon OSS in
accordance with Verizon’s published availability schedule, subject to changes
to such schedule made in accordance with the Change Management Process. 


          2.5
Each Party shall provide designated contacts for technical issues related to
this Schedule. Verizon shall also publish or otherwise provide to TCG toll-free
nation-wide telephone numbers (and applicable hours of operation) which will be
answered by capable staff trained to answer questions and resolve technical
problems related to this Schedule or other matters associated with the
provision of Verizon OSS Services. 


          2.6
Verizon and TCG may, upon mutual agreement jointly establish interface contingency
plans for access to Verizon OSS. 


          2.7
The Parties agree that the Change Management Process as established between
Verizon and participating CLECs, as may be amended from time to time, will be
used to manage changes to Verizon OSS interfaces. For purposes of this
Schedule, “Change Management Process” means the documented process that Verizon
and CLECs follow to facilitate communication about Verizon OSS changes, new
interfaces and retirement of old interfaces, as well as the implementation timeframes;
which includes such provisions as a developmental view, release announcements,
comments and reply cycles, new entrant and new release testing processes and
regularly scheduled change management meetings. 


          2.8
Notwithstanding any other provision of this Agreement, if any provision
contained in this Schedule 11 (and/or Section 11.6 of this Agreement) conflicts
with any term or condition of the Application of GTE Corporation, Transferor
and Bell Atlantic Corporation, Transferee, Memorandum Opinion and Order,
Appendix D, CC Docket No. 98-184, FCC 00-221 (rel. June 16, 2000)(“Merger
Conditions”) or otherwise would require Verizon, prior to the time period
contained in the Merger Conditions or in a manner inconsistent with the Merger
Conditions, to implement any Verizon OSS process, interface, or business rule,
including but not limited to the Change Management Process, or any Verizon OSS
Services as those terms are defined in this Agreement, the term or condition
contained in the Merger Conditions shall prevail. If any provision contained in
this Schedule 11 (and/or Section 11.6 of this Agreement) and any provision of
the agreement entered into by Verizon and others (including TCG) on August 20,
1999 (in settlement of MCI Worldcom, Inc.
and TCG Corp. v. Bell Atlantic Corp., FCC File No. EAD-99-0003), as
may be amended from time to time, and any collaborative proceedings 


142





Schedule 11 


or arbitrated
decisions arising from that settlement agreement (“Settlement Agreement”)
cannot be reasonably construed or interpreted to avoid conflict, the terms of
the Settlement Agreement shall prevail. Conflicts among this Schedule 11
(and/or Section 11.6 of this Agreement), the Settlement Agreement, and the
Merger Conditions shall be resolved in accordance with the following order of
precedence, where the document identified in subsection “(a)” shall have the
highest precedence: (a) the Settlement Agreement; (b) the Merger Conditions;
and (c) this Schedule 11 (and/or Section 11.6 of this Agreement). 


          2.9
In ordering Services, TCG and Verizon will utilize standard industry order
formats and data elements developed by the Alliance for Telecommunications
Industry Solutions (ATIS), including without limitation the Ordering and
Billing Forum (OBF); provided, however, Verizon shall not be required to
implement a version of an industry standard or may modify its use of such
industry standards subject to notice in accordance with the Change Management
Process, as may be amended from time to time. Verizon may also modify its use
of such industry standards (i) in order to be consistent with the terms of the
Settlement Agreement; or (ii) consistent with any collaborative proceedings
pursuant to the Merger Conditions. Furthermore, industry standards do not currently
exist for the ordering of all Services. Therefore, until such standard industry
order formats and data elements are developed by the OBF for a particular
Service, TCG and Verizon will use the Change Management Process to agree on a
format or data elements to be used to address the specific data requirements
necessary for the ordering of those Services. When an OBF standard or format is
subsequently adopted, the Parties will use such standard or format in lieu of
any other standard or format, unless, pursuant to the Change Management
Process, there is agreement to continue to use a non-OBF standard or format.
Nothing in this Section 2.9 shall require Verizon to implement an industry
standard prior to the time period required by the Merger Conditions or in a
manner inconsistent with the Merger Conditions. Verizon reserves the right to
establish non-standard Verizon OSS interfaces if required by law, regulation or
collaborative proceeding. 


          3.0
Access to and Use of Verizon OSS


          3.1
Verizon OSS may be accessed and used by TCG only to the extent necessary for
TCG’s access to and use of Verizon OSS Services pursuant to the Agreement. 


          3.2 TCG shall restrict access to and use of
Verizon OSS to TCG. This Schedule 11 does not grant to TCG any right or license
to grant sublicenses to other persons, or permission to other persons (except
TCG’s employees, agents and contractors, in accordance with Section 3.6 below),
to access or use Verizon OSS. 


          3.3
TCG shall not (a) alter, modify or damage the Verizon OSS (including, but not
limited to, Verizon software), (b) copy, remove, derive, reverse engineer, or
decompile, software from the Verizon OSS, or (c) obtain access through Verizon
OSS to Verizon databases, facilities, equipment, software, or systems, which
are not offered for TCG’s use under this Schedule 11. 


143





Schedule 11


          3.4
Except as may be otherwise mutually agreed to by the Parties in writing, TCG
shall comply with all practices and procedures established by Verizon for
access to and use of Verizon OSS (including, but not limited to, Verizon
practices and procedures with regard to security and use of access and user
identification codes). 


          3.5
All practices and procedures for access to and use of Verizon OSS, and all
access and user identification codes for Verizon OSS: (a) shall remain the
property of Verizon; (b) shall be used by TCG only in connection with TCG’s use
of Verizon OSS permitted by this Schedule 11; (c) shall be treated by TCG as Confidential
Information of Verizon pursuant to subsection 28.5 of the Agreement; and, (d)
shall be destroyed or returned by TCG to Verizon upon the earlier of request by
Verizon or the expiration or termination of the Agreement. 


          3.6
TCG’s employees, agents and contractors may access and use Verizon OSS only to
the extent necessary for TCG’s access to and use of the Verizon OSS permitted
by this Agreement. Any access to or use of Verizon OSS by TCG’s employees,
agents, or contractors, shall be subject to the provisions of the Agreement,
including, but not limited to, subsection 28.5 thereof and Section 3.5 of this
Schedule 11. 


          4.0
Verizon OSS Information


          4.1
All Verizon OSS Information shall at all times remain the property of Verizon.
Except as expressly stated in this Schedule 11, TCG shall acquire no rights in
or to any Verizon OSS Information. 


          4.2
The provisions of this Section 4.2 shall apply to all Verizon OSS Information,
except (a) TCG Customer Usage Detail Information, (b) CPNI of TCG, and (c) CPNI
of a Verizon Customer or a TCG Customer, to the extent the Customer has
authorized TCG to use the Customer Information. 


                    4.2.1
TCG’s employees, agents and contractors may access, use and disclose Verizon
OSS Information only to the extent necessary for TCG’s access to, and use and
disclosure of, Verizon OSS Information permitted by this Schedule 11. Any
access to, or use or disclosure of, Verizon OSS Information by TCG’s employees,
agents or contractors, shall be subject to the provisions of this Agreement,
including, but not limited to, subsection 28.5 of the Agreement. 


                    4.2.2
Unless sooner terminated or suspended in accordance with the Agreement or this
Schedule 11 (including, but not limited to, Section 22 of the Agreement and
Section 5.1 following), TCG’s access to Verizon OSS Information through Verizon
OSS Services shall terminate upon the expiration or termination of the
Agreement. All Verizon OSS Information received by TCG shall be destroyed or
returned by TCG to Verizon, upon expiration, suspension or termination of this
Agreement. 


          5.0 Liabilities and Remedies 


144





Schedule 11


          5.1
Any breach by TCG, or TCG’s employees, agents or contractors, of the provisions
of Sections 3 or 4 above shall be deemed a material breach of the Agreement. In
addition, if TCG or an employee, agent or contractor of TCG at any time
breaches a provision of Sections 3 or 4 above and such breach continues for
more than ten (10) days after written notice thereof from Verizon, then, except
as otherwise required by Applicable Law, Verizon shall have the right, upon
notice to TCG, to suspend access to Verizon OSS and the provision of Verizon
OSS Services, in whole or in part. 


          5.2
TCG agrees that Verizon may be irreparably injured by a breach of Sections 3 or
4 above by TCG or the employees, agents or contractors of TCG, and that Verizon
shall be entitled to seek equitable relief, including injunctive relief and
specific performance, in the event of any such breach. Such remedies shall not
be deemed to be the exclusive remedies for any such breach, but shall be in
addition to any other remedies available under this Agreement or at law or in
equity. 


          6.0 Relation to Applicable Law


          The
provisions of Sections 3, 4 and 5 above shall be in addition to and not in
derogation of any provisions of Applicable Law, including, but not limited to,
47 U.S.C. § 222, and are not intended to constitute a waiver by Verizon of any
right with regard to protection of the confidentiality of the information of
Verizon or Verizon Customers provided by Applicable Law. 


          7.0
Verizon Access to Information Related to TCG Customers


          7.1
Verizon shall have the right to access, use and disclose information related to
TCG Customers that is in Verizon’s possession to the extent such access, use
and/or disclosure has been authorized by the TCG Customer in the manner
required by Applicable Law. 


          8.0 Application-to-Application
Interface Testing for Ordering/Provisioning


          8.1 The Parties shall conduct
application-to-application interface testing prior to TCG’s initial live access
to Verizon OSS. Additionally, the Parties may agree to conduct application-to-application
interface testing to test new releases of Verizon OSS software. Any
application-to-application interface testing shall be pursuant to Verizon CLEC
Test Environment (CTE) guidelines published by Verizon consistent with the
Change Management Process. Application-to-application interface testing will
allow for the testing of the systems, interfaces, and processes for the
Ordering and Provisioning functions. If TCG wishes to conduct Friendlies-type
application-to-application testing, the Parties shall negotiate a separate test
agreement that addresses the terms and conditions applicable to such testing. 


          8.2
Notwithstanding any other provision of this Agreement, TCG shall not send any
orders into production until such time that TCG has successfully completed
testing in the Verizon CTE in New York except as otherwise mutually agreed to
by the Parties. TCG agrees that it will only send orders into production
containing features, 


145






Schedule 11


services
and/or elements for which it has successfully completed testing in New York in
the Verizon CLEC Test Environment except as otherwise mutually agreed to by the
Parties. 


          8.3
Prior to initial access to Verizon OSS, TCG will complete applicable user
education classes, as offered by Verizon, for Verizon-provided interfaces. Such
user education classes will be available in accordance with rates published by
Verizon. 


          8.4
TCG agrees that personnel from other competitive Local Service Providers may be
scheduled into any class. Class availability is first-come, first served. 


          8.5
Class dates will be in accordance with Verizon’s published schedule. Special
classes may be arranged as mutually agreed to by the Parties. 


          8.6
TCG agrees that TCG personnel attending classes are to utilize only training
databases and training presented to them in class. Attempts to access any other
Verizon system are strictly prohibited. 


          8.7
Nothing in this Section 8 shall require Verizon to offer non-scheduled user education
classes to TCG except as may be mutually agreed to by the Parties or as
otherwise generally offered to other CLECs. 


9.0 Prices/Rates


          9.1
TCG will pay Verizon for access to the Verizon OSS according to the prices set
forth in Exhibit A (Pricing Schedule) of this Agreement or as otherwise
determined by the Commission. 


10.0 Local Account Maintenance 


          10.1
Where Verizon’s existing PIC Change process currently supports the option of
either having Verizon reject or process PIC changes requested by intraLATA toll
or interLATA (or international, where applicable) carriers (“Carriers”) on
TCG’s Customers’ accounts, TCG may make its election regarding this option upon
establishing its account with Verizon and on an as needed basis thereafter. In
such case, if TCG elects to have Verizon reject these PIC changes under this
option, or where Verizon does not currently support this option, Verizon shall
so notify Carriers by creating the appropriate reject transaction record
pursuant to Customer Account Record Exchange (CARE) record formats approved by
the Ordering and Billing Forum (OBF). 


146






Schedule 26.0


SCHEDULE 26.0


Unbundled Network Element 

Performance Standard Categories 

and Remedies


147





Schedule 26.0 - Appendix A 


SCHEDULE 26.0


APPENDIX A


NOTES


“VZ—NY” and
“VERIZON” refer to Verizon New York Inc. 


“RVZ-NY1”—Reported
by VZ-NY on a statewide basis. 


“RVZ-NY2”—Reported
by VZ-NY for four regional reporting areas: (1) Manhattan (south of 59th
Street); (2) Greater Metro (remaining New York City area—exclusive of Manhattan
south of 59th Street); Suburban (Suffolk, Nassau, Westchester, Putnam
and Rockland Counties); and, State (remaining New York State). 


“RVZ-NY3—Reported
by VZ-NY for two regional reporting areas: (1) LATA 132; and, (2) remaining New
York State. 


“NR”—Not
reported by VERIZON. Not included in the calculation of the bill credits
provided for in Appendix B. These standards, however, remain in Appendix A so
that TCG may invoke other remedies, if appropriate. 


“NBC”—Not
included in computation of the bill credits provided for in Appendix B. 


148





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 1. Pre-Order Process:

 	
  

 	
  

 	
  

 	
  

 
	
 1.1 OSS Response Time

 	
  

 	
  

 	
  

 	
  

 
	
    1.1.1.
 PERFORMANCE OF OSS SYSTEMS

 	
  

 	
  

 	
  

 	
 Reported for CLEC aggregate only.

 
	
  

 	
 1.1.1.1
 Pre-Order Response Time by Transaction type:

 	
  

 	
 parity to VZ retail plus not more than 4 seconds (applies to
 application to application interface)

 	
  

 	
 Response
 time by Transaction type measured in seconds from the time the query hits
 DCAS system until the data is received back by transaction type.

 Methodology: VZ-NY to sample 10 transactions per hour from 8 a.m. to 5
 p.m. Monday through Friday via Sentinel system. Sentinel will replicate the
 transaction of a VZ-NY service representative going directly to the OSS as
 well as a CLEC representative coming in to DCAS to the OSS.

 
	
  

 	
 •

 	
 Customer
 Service Records

 	
  

 	
  

 
	
  

 	
 •

 	
 Due Date
 Availability

 	
  

 	
  

 
	
  

 	
 •

 	
 Product
 & Service Availability Information

 	
  

 	
  

 
	
  

 	
 •

 	
 Address
 Validation

 	
  

 	
  

 
	
  

 	
 •

 	
 Telephone
 number availability and reservation

 	
  

 	
  

 
	
  

 	
 
  RVZ-NY 1

 	
  

 	
       NOTE: Standard

 subject to CORBA development. After CORBA is implemented for pre-order
 transactions between TCG and VZ-NY, the appropriate subject matter experts
 from each company will agree to the absolute standard for the difference in
 response time.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.1.1.2
 Availability of VZ-NY interface to OSS access:
          RVZ-NY   1

 	
  

 	
 24 hours X 7
 days a week access to DCAS gateway

 	
  

 	
 OSS systems
 will be available to CLEC representatives during the same hours that they are
 available to VZ-NY representatives.

 


149





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.2 Contact Center Availability

 	
  

 	
  

 	
  

 	
  

 
	
 1.2.1 ALL
 PRE-ORDERING FUNCTIONS:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.

 	
 Availability:
 (National Market Center [NMC]):
a)     Center
 hours of operation:
  NR

 	
  

 	
 24 hours X 7 days a week access to Call Center for assistance

 	
  

 	
 For VZ-NY,
 contact with CLECs is designed to take place via direct access systems.
 Carrier support centers such as the NMC are designed to handle fall-out and
 not large call volume. Call management
 system is under development.

 
	
  

 	
  

 	
  

 	
  

 	
  

 


150






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 2. Ordering Process:



 	
  

 	
  

 	
  

 	
 

Time from
 receipt of request electronically to order confirmation or reject. Intervals
 apply only to orders sent electronically.

 NOTE: SR’s received after 3 PM will be considered received at 8 AM
 the next business day. UNE–Switching assumes switch activation – following
 joint planning process.

 
	
 2.1 Order Confirmation / Reject Timeliness:

 	
  

 	
 90% according to schedule below:

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.1.1
 Timeliness of Service Request (“SR”) Order Confirmation / Reject:

 	
  

 	
  

 	
  

 
	
  

 	
 4.



 	
 RVZ-NY 1

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 Less Than 10
 Lines - UNE (POTS Platform, POTS Loop, Pre-Qualified 2 wire xDSL Loop, 2 wire
 Digital Loop, Pre-Qualified Line Sharing/Line Splitting5):

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Flow Through
 Orders

 	
  

 	
 2 hours

 	
  

 
	
  

 	
  

 	
 •

 	
 Other Orders

 	
  

 	
 24 hours

 	
  

 
	
  

 	
 b)

 	
 Less Than 10
 Lines – UNE (Specials):

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Flow Through
 Orders

 	
  

 	
 2 hours

 	
  

 
	
  

 	
  

 	
 •

 	
 Other Orders

 	
  

 	
 48 hours

 	
  

 
	
  

 	
 c)

 	
 10 or
 greater lines - UNE (POTS /Spec.-includes facility check) (also includes
 services requiring manual loop qualification):

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 All Orders

 	
  

 	
 72 hours

 	
  

 








          5
For measures in this Appendix A that list more than one UNE, the measure will
include and report the combined performance data for all of the UNEs listed for
the measure. For example, this measure will include and report the combined
performance data for UNE POTS Platform, POTS Loop, Pre-Qualified 2 wire xDSL
Loop, 2 wire Digital Loop, and Pre-Qualified Line Sharing/Line Splitting. A
measure where the listed UNEs are “UNE Loop – POTS, 2 wire digital & 2 wire
xDSL - Loops,” will include and report the combined performance data for POTS
Loops, 2 wire Digital Loops, and 2 wire xDSL Loops. A measure where the listed
UNEs are “Line Sharing/Line Splitting” will include and report the combined
performance data for Line Sharing and Line Splitting.


151





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.2 Completions:

 	
  

 	
 95% According to Status Below


Completed at
 turn up next business day by noon

 	
  

 	
 Timeliness
 of receipt of notice of completion of service order request

 
	
  

 	
  

 	
 2.2.1
 Timeliness of Notice of Completion: RVZ – NY 1

 	
  

 	
  

 	
 Mechanized
 notification under development acceptance serial # or initials provided by
 ordering carrier. The performance for Unbundled Element - Hot Cuts and
 Unbundled Element – Other will be reported on a combined basis.

 
	
  

 	
  

 	
 •

 	
 Unbundled
 Element – Hot Cuts

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Unbundled
 Element – Other

 	
  

 	
  

 
	
  

 	
 2.3 Jeopardy Status:

 	
  

 	
 90% According to Status Below:

 	
  

 	
 Timeliness
 of receipt of notice of jeopardy of service order request (missed commitment
 with new date/time)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.3.1 Timeliness of Notice of jeopardy

 	
  

 	
 2 Hours before commitment time frame

 	
  

 	
 In case
 where jeopardy situation is identified. Mechanized notification under
 development.

 
	
  

 	
  

 	
  

 	
 NR

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 



152





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 3. Provisioning Process

 	
  

 	
  

 	
  

 	
  

 
	
 3.1 Completion Intervals:

 	
  

 	
  

 	
  

 	
  

 
	
 3.1.1 Completion
 Interval -UNE POTS Platform - Business:

 	
  

 	
 Parity

 	
  

 	
 Compared to POTS Retail Business Services.

 
	
  

 	
  

 	
 RVZ-NY 2

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a)
 Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered 1-5 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered 6-9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered > 9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed 1-5 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed 6-9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed > 9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 1 day (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 2 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 3 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b)
 Non-Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 same day

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 1 day

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 2 days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 3 days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 c) All
 Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 4 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 5 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 6 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 


153





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.1.1 Completion
 Interval –UNE POTS Platform - Residence:

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services.

 
	
  

 	
  

 	
 RVZ-NY 2

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a)
 Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered 1-5 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered 6-9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered > 9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed 1-5 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed 6-9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed > 9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 1 day (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 2 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 3 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b)
 Non-Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 same day

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 1 day

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 2 days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 3 days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 c) All
 Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 4 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 5 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 6 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 


154





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.1.1 Completion
 Interval -UNE Loop – POTS (Analog) Loop (new)

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Services. UNE Hot Cuts are not included in these performance
 measurements.

 
	
  

 	
  

 	
 RVZ-NY 2

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a) Dispatched
 Orders:

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered 1-5 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered 6-9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered > 9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed 1-5 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed 6-9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Avg.
 interval completed > 9 lines

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 1 day (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 2 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 3 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b) All
 Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 4 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 5 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 6 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 


155





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.1.1 Completion
 Interval -UNE Loop – 2 wire Digital & 2 wire
 xDSL

 	
  

 	
 95%

 	
  

 	
 Excludes 2 wire analog (POTS) Loop

 
	
  

 	
  

 	
 RVZ-NY 2

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 6 days (1-5 lines)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.1.1 Completion
 Interval -UNE – Line Sharing/Line Splitting:

 	
  

 	
 Parity

 	
  

 	
 Compared to Retail/VADI6 Line Sharing

 
	
  

 	
  

 	
 RVZ-NY 2

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a)
 Non-Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 % completed
 in 3 days

 	
  

 	
  

 	
  

 	
  

 








          6
VADI is defined as the separate Verizon office/division that provides retail
xDSL services through Line Sharing. The Parity comparison is to Line Sharing
provided by Verizon to VADI. If Verizon discontinues providing Line Sharing to
VADI, then the Parity comparison will be to Verizon Retail Line Sharing.


156





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
  

 	
 3.1.2 Completion Interval- UNE Specials

 	
  

 	
 Parity

 	
  

 	
 Compared to Special (Designed) Retail Services

 
	
 RVZ –NY3

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 All
 Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 b)

 	
 All
 Non-Dispatched Orders:

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 10.

 	
  

 	
 c) DS0

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 11.

 	
  

 	
 d) DS1

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval completed

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 e) DS3

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 interval offered

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Average
 internal completed

 	
  

 	
  

 	
  

 	
  

 


 157






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.2 On Time Commitment

 	
  

 	
  

 	
  

 	
 Measured in
 Missed Committed Appointments



 
	
      3.2.1
 On Time Commitment –UNE POTS Platform – Business: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services.

 
	
  

 	
  

 	
 a)

 	
 % Missed
 Appointment

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Non-Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b)

 	
 Average
 Delay Days – All Orders (Dispatched and Non-Dispatched combined)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.2.1
 On Time Commitment –UNE POTS Platform – Residence: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services.

 
	
  

 	
  

 	
 a)

 	
 % Missed
 Appointment

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Non-Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b)

 	
 Average
 Delay Days – All Orders (Dispatched and Non-Dispatched combined)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.2.1
 On Time Commitment –UNE Loop – (new) POTS, 2 wire xDSL & 2 wire Digital
 Loop: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Services. UNE Hot Cuts are not included in these performance
 measurements. (See Section 3.2.3 for “On Time Commitment-UNE Hot Cuts”.)

 
	
  

 	
 a)

 	
 % Missed Appointment

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Dispatched
 Orders

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Non-Dispatched
 Orders

 	
  

 	
  

 	
  

 
	
  

 	
 b)

 	
 Average
 Delay Days – All Orders (Dispatched and Non-Dispatched combined)

 	
  

 	
  

 	
  

 


158





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.2.1
 On Time Commitment – UNE - Line Sharing/Line Splitting: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI7 Line Sharing

 
	
  

 	
 a)

 	
 % Missed
 Appointment

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Non-Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 b)

 	
 Average Delay Days – All Orders (Dispatched and Non-Dispatched combined)

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.2.2 On
 Time Commitment-UNE Specials RVZ – NY 3

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Special (Designed) Retail Services.

 
	
  

 	
 a)

 	
 % Missed Appointment

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Non-Dispatched
 Orders

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 DS0

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 DS1

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 DS3

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 b)

 	
 Average
 Delay Days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 DS0

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 DS1

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 DS3

 	
  

 	
  

 	
  

 	
  

 








          7
VADI is defined as the separate Verizon office/division that provides retail
xDSL services through Line Sharing. The Parity comparison is to Line Sharing
provided by Verizon to VADI. If Verizon discontinues providing Line Sharing to
VADI, then the Parity comparison will be to Verizon Retail Line Sharing. 


159






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.2.3 On
 Time Commitment – UNE Hot Cuts RVZ – NY-2

           a) %
 On Time Performance – Hot Cut

 	
  

 	
 95%
 completed within window.

 

 Standard for Cut-Over Window: Amount of time from start to completion of
 physical cut-over of lines:

 

 one (1) to nine (9) lines: one (1) Hour

 

 10 to 49 lines: two (2) Hours

 

 50 to 99 lines: three (3) Hours

 

 100 to 199 lines: four (4) Hours

 

 200 plus lines: eight (8) Hours

 

 If IDLC is involved – Four (4) hour window (8:00AM to 12:00PM (Noon) or
 1:00PM to 5:00PM)8. Four (4)hour window applies to start time.

 	
  

 	
 Percent of
 all UNE Loop orders completed within the cut-over window. Start time specified
 on LSR. For UNE Loops, includes both Loop only and Loop & Number
 Portability. Orders disconnected early, and orders cancelled during or after a
 defective cut due to Verizon reasons are considered not met.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Exclusions:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 VZ Test
 Orders

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Verizon
 Administrative orders

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Additional
 segments on orders (parts of a whole order are included in the whole)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Orders that
 are not complete. (Orders are included in the month that they are complete)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 If TCG
 cancels an order before the start of a Hot Cut window and VZ performs the Hot
 Cut, this VZ error will result in a retail trouble report and need not be
 reflected elsewhere.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 








          8 Only
applicable if Verizon New York notified CLEC by 2:30PM Eastern Time on DD-2
that the service was on IDLC. 


160






Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 3.3 Facility Delays Held Orders:

 	
  

 	
  

 	
  

 	
 Measured in
 % of orders missed due to lack of VZ-NY facilities

 
	
      3.3.1
 Facility Delays - UNE – POTS Platform - Business RVZ –NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services.

 
	
  

 	
 •

 	
 % Missed
 Appointment – Facilities – Dispatched

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Average
 Delay Days – Facility Misses

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.3.1
 Facility Delays - UNE – POTS Platform – Residence RVZ –NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services.

 
	
  

 	
 •

 	
 % Missed
 Appointment – Facilities – Dispatched

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Average
 Delay Days – Facility Misses

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.3.1
 Facility Delays - UNE Loop – (new) POTS, 2 wire xDSL & 2 wire Digital
 Loop RVZ –NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Services.

 
	
  

 	
 •

 	
 % Missed
 Appointment – Facilities – Dispatched

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Average
 Delay Days – Facility Misses

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.3.1
 Facility Delays - UNE – Line Sharing/Line Splitting: RVZ –NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI9 Line Sharing

 
	
  

 	
 •

 	
 % Missed
 Appointment – Facilities – Dispatched

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Average
 Delay Days – Facility Misses

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
           3.3.2
 Facility Delays - UNE –Specials RVZ-NY
 3

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Special (Designed) Retail Services

 
	
  

 	
 •

 	
 % Missed
 Appointment – Facilities – Dispatched

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Average
 Delay Days – Facility Misses

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 
	

 


 
	
           9
 VADI is defined as the separate Verizon office/division that provides retail
 xDSL services through Line Sharing. The Parity comparison is to Line Sharing
 provided by Verizon to VADI. If Verizon discontinues providing Line Sharing
 to VADI, then the Parity comparison will be to Verizon Retail Line Sharing. 

 


161





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.4 Installation Quality:

 	
  

 	
  

 	
  

 	
 General
 Comments:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Note: For POTS services, the percent of
 lines/circuits/trunks installed where a reported trouble was found in the
 network within seven (7) days. This includes Disposition Codes 03 (Drop
 Wire), 04 (Cable) and 05 (Central Office). Disposition Code 05 includes
 translation troubles closed via STARMEM automatically by CLEC.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Exclusions:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Subsequent
 reports (additional customer calls while the trouble is pending).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 closed due to customer action.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 reported by Verizon employees in the course of performing preventative
 maintenance, where no customer has
 reported a trouble.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.4.1
 Installation Quality – UNE – POTS Platform – Residence RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 7 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.4.1
 Installation Quality – UNE – POTS Platform – Business RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 7 days

 	
  

 	
  

 	
  

 	
  

 	
  

 


162





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.4.1
 Installation Quality – UNE Loop – (new) POTS, 2 wire xDSL & 2 wire
 Digital RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail POTS Dispatched Services

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 % Installation
 Troubles reported within 7 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.4.1
 Installation Quality – UNE –Line Sharing/Line Splitting RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI10 Line Sharing

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 7 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.4.1
 Installation Quality – UNE Hot Cut Loop RVZ
 – NY2

 	
  

 	
 £ 2%

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 7 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.4.2
 Installation Quality – UNE – Specials RVZ-NY
 3

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Special (Designed) Retail Services

 
	
  

 	
 •

 	
 %
 Installation Troubles reported within 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.5 TC Performance Indicators:

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      3.5.1
 TC Order Quality Performance: RVZ –
 NY1, NBC

 	
  

 	
  

 	
  

 	
 Used as
 indicators of TC performance and customer communication to identify areas for
 discussion and possible improvement.

 
	
  

 	
 •

 	
 % Missed
 Appointment - Customer Reasons

 	
  

 	
  

 	
  

 






	
  

 	
  

 
	

 


 
	
           10
 VADI is defined as the separate Verizon office/division that provides retail
 xDSL services through Line Sharing. The Parity comparison is to Line Sharing
 provided by Verizon to VADI. If Verizon discontinues providing Line Sharing
 to VADI, then the Parity comparison will be to Verizon Retail Line Sharing.

 


163





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4. Trouble Reporting and Maintenance Process

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.1 OSS – Performance

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.1.1
 Performance of OSS Systems

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.1.1.1
 Response Time by Transaction type: RVZ-NY1

 	
  

 	
  

 	
  

 	
 Upon written
 request by TCG to implement the application to application interface for TCG
 access to VZ-NY OSS systems for maintenance, the Parties will negotiate in
 good faith measurements and standards for the response time by transaction
 type performance of VZ-NY OSS systems for maintenance. If the Parties do not
 reach agreement in writing on such measurements and /or standards within
 thirty (30) days after TCG commences regular commercial use of the TCG
 application to application interface to access VZ-NY’s OSS systems for
 maintenance, either Party may seek resolution of the dispute pursuant to
 Section 28.11 of the Agreement.

 
	
  

 	
 •

 	
 Create
 Trouble

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Status
 Trouble

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Modify
 Trouble

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Request
 Cancellation of Trouble

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble
 Report history (by TN/circuit)

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Test (POTS
 only)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 


164





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 4.1.1.2 Availability of VZ –NY Interface to OSS Access 

 RVZ-NY 1

 	
  

 	
 24 hours X 7 days a week access to gateway

 	
  

 	
 OSS systems
 will be available to CLEC representatives during the same hours that they are
 available to VZ-NY repair representatives.

 
	
 4.2 Contact Center Availability

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.2.1
 Availability (Regional CLEC Maintenance Center [RCMC]):

 	
  

 	
 24 hours X 7 days a week access to Call Center for assistance

 	
  

 	
 Contact with
 CLECs is designed to take place via direct access systems. Carrier support
 centers, such as the RCMC, are designed to handle fall-out and not large call
 volume. VZ- NY Call management system is
 under development.

 
	
      4.2.1.1
 Center hours of operation

 	
  

 	
  

 
	
 NR

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.3 Network/Element Performance

 	
  

 	
 Note: For
 trouble report rate measures only, the minimum sample size requirement of 10
 will apply to the numerator (trouble reports), rather than to the
 denominator.

 	
  

 	
 General
 Comments:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 This metric
 measures the total initial customer direct or referred troubles reported,
 where the trouble disposition was found to be in the network, per 100
 lines/circuits/trunks in service. Loop equals Drop wire plus Outside Plant
 Loop. Network Trouble means a trouble with Disposition Codes of 03
 (Drop-wire), 04 (Outside Plant Loop), or 05 (Central Office).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Exclusions:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
  Report rate excludes subsequent reports (additional customer
 calls while the trouble is pending)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
  Troubles reported on VZ official service (administrative lines)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
  Troubles closed due to customer action

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
  Troubles reported by VZ employees in the course of performing
 preventative

 


165





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 maintenance,
 where no customer reported a trouble

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Excluded
 from Total and Loop/CO report rates:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Customer
 Premises Equipment (CPE) troubles

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 reported but not found (FOK and TOK)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.3.1Reliability
 Performance-UNE-POTS – Platform – Residence: RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services

 
	
  

 	
 •

 	
 Trouble
 Report Rate – Loop

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble
 Report Rate –Central Office

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.3.1 Reliability
 Performance-UNE-POTS- Platform - Business: RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services

 
	
  

 	
 •

 	
 Trouble
 Report Rate – Loop

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble Report
 Rate –Central Office

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.3.1 Reliability
 Performance- UNE Loop (POTS, 2 wire xDSL & 2 wire Digital): RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Services (combined Residence & Business)

 
	
  

 	
 •

 	
 Trouble
 Report Rate – Loop

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble Report
 Rate –Central Office

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.3.1 Reliability
 Performance-UNE-Line Sharing/Line Splitting: RVZ – NY2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI11 Line Sharing

 
	
  

 	
 •

 	
 Trouble
 Report Rate – Loop

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble
 Report Rate –Central Office

 	
  

 	
  

 	
  

 	
  

 	
  

 






	
  

 
	

 


 
	
           11
 VADI is defined as the separate Verizon office/division that provides retail
 xDSL services through Line Sharing. The Parity comparison is to Line Sharing
 provided by Verizon to VADI. If Verizon discontinues providing Line Sharing
 to VADI, then the Parity comparison will be to Verizon Retail Line Sharing. 

 


166





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.3.2
 Reliability Performance- UNE- Specials: RVZ-NY3

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Special (Designed) Retail Services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble
 Report Rate - DS0

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble
 Report Rate – DS1

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Trouble
 Report Rate - DS3

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.3.3
 Switching Performance NR

 	
  

 	
 Parity

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 Switching
 Performance - PSC Standards

 	
  

 	
  

 	
  

 	
 NY PSC
 Standards

 
	
  

 	
  

 	
 •

 	
 Percent
 Blockages & Failures

 	
  

 	
 0.0 - 1.0
 (weak spot > 2.1)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Percent
 Incoming Matching Loss

 	
  

 	
 0.0 - 2.1
 (weak spot > 2.8)

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Percent Dial
 Tone Speed over 3 Seconds

 	
  

 	
 0.0 - 1.5
 (weak spot > 2.6)

 	
  

 	
  

 	
  

 


167





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 4.3.4
Switching Performance Index Plan –1/1AESS NR 

 	
  

 	
  

 	
  

 	
 This is an
 overall measure of switch performance. The switching index takes a number of
 factors, weighs them and calculates an overall score. The overall objective
 is 95.5 and up for each switch. Individual performances may fall below
 threshold, but not necessarily drop the index below.

 Thresholds based on industry standard guidelines.

 The performance is grouped into two categories, machine access and machine
 switching.


           Machine access
 measurements are designed to reflect difficulties experienced by the customer
 in obtaining service from the switching equipment.

           Machine switching
 measurements measure customers’ call attempts (or incoming call attempts from
 another switch) that failed during call processing.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 Threshold

 	
  

 
	
  

 	
 a) 

 	
 Machine
 Access

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Cust.
 Receiver Digit Overflow

 	
  

 	
 1.00

 	
  

 
	
  

 	
  

 	
 •

 	
 Blocked Dial
 Tone

 	
  

 	
 8.00

 	
  

 
	
  

 	
  

 	
 •

 	
 Receiver
 Attachment Delay Receiver

 	
  

 	
 0.20

 	
  

 
	
  

 	
 b)

 	
 Machine
 Switching

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Cutoff Call
 Failures

 	
  

 	
 0.15

 	
  

 
	
  

 	
  

 	
 •

 	
 F-SCAN
 Failure

 	
  

 	
 0.65

 	
  

 
	
  

 	
  

 	
 •

 	
 Hardware
 Lost Calls

 	
  

 	
 22.00

 	
  

 
	
  

 	
  

 	
 •

 	
 Load Balance

 	
  

 	
 90.00

 	
  

 
	
  

 	
  

 	
 •

 	
 Matching
 Loss

 	
  

 	
 1.80

 	
  

 
	
  

 	
  

 	
 •

 	
 Maintenance
 Interrupts

 	
  

 	
 0.40

 	
  

 
	
  

 	
  

 	
 •

 	
 Equipment
 Outage

 	
  

 	
 0.60

 	
  

 
	
  

 	
  

 	
 •

 	
 Trunk to
 Trunk Memory Overflow

 	
  

 	
 0.01

 	
  

 


168





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.3.5
 Switching Performance -Index Plan 5ESS NR

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 Machine
 Access

 	
  

 	
 Threshold

 	
  

 	
 (See
 explanation in Section 4.3.4 notes above) 16.

 
	
  

 	
  

 	
 •

 	
 Tone Decoder
 Overflow

 	
  

 	
 1.00

 	
  

 
	
  

 	
  

 	
 •

 	
 Tone Decoder
 Attached Delay

 	
  

 	
 0.10

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Dial Tone
 Speed

 	
  

 	
 33.34

 	
  

 	
  

 	
  

 
	
  

 	
 b)

 	
 Machine
 Switching

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Facility
 Cutoff Calls

 	
  

 	
 2.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Remote
 Module Stand Alone Time

 	
  

 	
 0.50

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Initializations
 SM/RSM

 	
  

 	
 1.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Interrupts
 (AM)

 	
  

 	
 80.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Maintenance
 Usage

 	
  

 	
 50.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Audits

 	
  

 	
 10.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Equipment
 Outage

 	
  

 	
 1.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Equal Access

 	
  

 	
 100.00

 	
  

 	
  

 	
  

 


169





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 4.3.6
 Switching Performance –Index Plan DMS100 NR

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 Machine
 Access

 	
  

 	
 Threshold

 	
  

 	
 (See
 explanation in Section 4.3.4 notes above)

 
	
  

 	
  

 	
 •

 	
 Dial Tone
 Speed

 	
  

 	
 33.34

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Receiver
 Queue

 	
  

 	
 0.00

 	
  

 	
  

 	
  

 
	
  

 	
 b)

 	
 Machine
 Switching

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Transmitter
 Time-outs

 	
  

 	
 16.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Errors

 	
  

 	
 50.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Equal Access

 	
  

 	
 100.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Equipment
 Outage

 	
  

 	
 1.00

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 RLCM RSC
 Emergency Stand Alone

 	
  

 	
 5.00

 	
  

 	
  

 	
  

 
	
 4.4 Time to Restore

 	
  

 	
  

 	
  

 	
 General
 Comments:

 

 This metric measures trouble duration intervals.

 

 Mean Time to Repair:
 (MTTR) For Network Trouble reports, the average duration time from trouble
 receipt to trouble clearance. Includes Disposition Codes 03 (Drop Wire), 04
 (Cable) and 05 (Central Office).

 

 Out of Service Intervals:
 The percent of Network Troubles that indicate an Out-Of- Service (OOS)
 condition which was repaired and cleared more than “y” hours after receipt of
 trouble report. OOS means that there is no dial tone, the customer cannot
 call out, or the customer cannot be called. The OOS period commences when the
 trouble is entered into VZ’s designated trouble-reporting interface either
 directly by TCG or by a VZ representative upon notification. OOS intervals
 are measured

 


170





Schedule 26.0 - Appendix A 

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 using the
 same duration calculations that apply to Mean Time to Repair metrics for the
 applicable product. Includes Disposition Codes 03 (Drop Wire), 04 (Cable) and
 05 (Central Office). Note: “y”
 equals hours OOS (4, 12 or 24 hours).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Excludes:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Subsequent
 reports (additional customer calls while the trouble is pending)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Customer
 Premises Equipment (CPE) troubles

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 reported but not found (Found OK and Test OK).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 closed due to customer action.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 reported by Verizon employees in the course of performing preventative
 maintenance, where no customer reported a trouble.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 For the
 Sub-metric Time to Restore –UNE Loop – POTS - Loops, Mean Time to Repair -
 Central Office Only: exclude redirected troubles.
 A trouble ticket is considered a redirect if
 it was dispatched IN once and OUT once, and the trouble was found on
 the second dispatch (due to a CLEC error in the initial dispatch direction).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 For troubles
 where the stop clock is used:
 the time period from when the stop clock is
 initiated until the time when the clock resumes.

 


171






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4.1Time to
 Restore - UNE – POTS Platform – Residence: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services

 
	
  

 	
  

 	
 •

 	
  Mean Time to Repair – Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  Mean Time to Repair – Central Office

 	
  

 	
  

 	
  

 	
 For UNE Platform, trouble duration intervals
 are measured on a running clock
 basis. Run clock includes weekends and holidays.

 
	
  

 	
  

 	
 •

 	
  % Out of Service >4 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >12 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >24 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % All Troubles Cleared w/in 24 hours

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4.1Time to
 Restore - UNE – POTS Platform – Business: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services

 
	
  

 	
  

 	
 •

 	
 Mean Time to
 Repair – Loop

 	
  

 	
  

 	
  

 	
 For UNE Platform, trouble duration intervals
 are measured on a running clock
 basis. Run clock includes weekends and holidays.

 
	
  

 	
  

 	
 •

 	
  Mean Time to Repair – Central Office

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % Out of Service >4 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >12 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >24 hours

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % All Troubles Cleared w/in 24 hours

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4.1Time to
 Restore - UNE Loop– POTS, 2 wire digital & 2
 wire xDSL - Loops: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail (Business & Residence Combined) Services

 
	
  

 	
  

 	
 •

 	
  Mean Time to Repair – Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  Mean Time to Repair – Central Office

 	
  

 	
  

 	
  

 	
 For UNE Loop, trouble duration intervals are measured on a limited stop clock basis. A stop clock is used when the customer
 premises access, provided by TCG and its end user, is after the offered
 repair interval. For example, if
 customer premises access is not available on a weekend, the clock stops at
 5:00PM Friday, and resumes at 08:00AM Monday. This applies to dispatched out
 tickets only.

 
	
  

 	
  

 	
 •

 	
  % Out of Service >4 hours - Loop

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >12 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >24 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % All Troubles Cleared w/in 24 hours

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Verizon uses
 a single ticket process for

 


172





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 misdirected
 troubles on UNE POTS voice loops (only). This process enables Verizon to
 redirect a trouble to the opposite end of the circuit after TCG made an error
 in the initial dispatch direction.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4.1Time to Restore - UNE – Line
 Sharing/Line Splitting: RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI12 Line Sharing

 
	
  

 	
  

 	
 •

 	
  Mean Time to Repair – Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
 Mean Time to
 Repair – Central Office

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % Out of Service >4 hours

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >12 hours

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % OOS >24 hours

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 •

 	
  % All Troubles Cleared w/in 24 hours

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 	
  

 
	

 


 	
  

 
	
           12
 VADI is defined as the separate Verizon office/division that provides
 retail xDSL services through Line Sharing. The Parity comparison is to Line
 Sharing provided by Verizon to VADI. If Verizon discontinues providing Line
 Sharing to VADI, then the Parity comparison will be to Verizon Retail Line
 Sharing.

 


173





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4.2 Time
 to Restore – UNE – Specials RVZ – NY 3

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Special (Designed) Retail Services.

 
	
  

 	
  

 	
  

 	
 •

 	
 Mean Time to
 Repair – DS0

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
 Mean Time to
 Repair –DS1

 	
  

 	
  

 	
  

 	
 For Special Services type services, this is
 measured on a stop clock basis (e.g., the clock is stopped when TCG testing is occurring, VZ is
 awaiting carrier acceptance, or VZ is
 denied access).

 
	
  

 	
  

 	
  

 	
 •

 	
  Mean time to Repair – DS3

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
  % OOS > 4 hours - DS0

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
  %OOS > 4 hours - DS1

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
  % OOS > 4 hours - DS3

 	
  

 	
  

 	
  

 	
 For Special Services: An OOS condition is
 defined as follows: Troubles where, in the initial contact with the customer,
 it is determined that the circuit is completely OOS and not just an
 intermittent problem (osi = ‘y’), and the trouble completion code indicated
 that a trouble was found within the Verizon network.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
  % OOS > 24 hours – DS0

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
  % OOS > 24 hours – DS1

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 •

 	
  % OOS > 24 hours – DS3

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.5 On Time Commitment

 	
  

 	
  

 	
  

 	
 General
 Comments:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 These
 metrics measure the percent of reported Network Troubles not repaired and
 cleared by the date and time committed. Also referred to as percent of
 customer troubles not resolved within estimate. Appointment intervals vary
 with force availability in the POTS environment. Includes Disposition Codes
 03 (Drop Wire), 04 (Cable) and 05 (Central Office). Loop is defined as
 Disposition Codes 03 plus 04. These troubles are always dispatched.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Verizon uses
 a single ticket process for misdirected troubles on UNE POTS voice loops
 (only). This process enables Verizon to redirect a trouble to the opposite
 end of the circuit after

 


174





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 TCG made an
 error in the initial dispatch direction.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 Exclusions:

 
	
  

 	
  

 	
 •

 	
 Missed
 appointments where the CLEC or end-user causes the missed appointment or
 required access was not available during appointment interval

 
	
  

 	
  

 	
 •

 	
 Excludes
 subsequent reports (additional customer calls while the trouble is pending)

 
	
  

 	
  

 	
 •

 	
 Customer Premises Equipment (CPE) troubles

 
	
  

 	
  

 	
 •

 	
 Troubles
 reported but not found (Found OK (FOK) and Test OK (TOK)).

 
	
  

 	
  

 	
 •

 	
 Troubles
 closed due to customer action.

 
	
  

 	
  

 	
 •

 	
 Troubles
 reported by Verizon employees in the course of performing preventative
 maintenance, where no customer reported a trouble.

 
	
  

 	
  

 	
 •

 	
 Sub-metric
 On Time Commitment – UNE Loop - POTS – Loops,% Missed Repair Appointments-CO
 Only: exclude redirected troubles. A trouble ticket is considered a
 redirect if it was dispatched IN once and OUT once, and the
 trouble was found on the second dispatch (due to a TCG error in the initial
 dispatch direction).

 
	
  

 	
  

 	
 Note: The following No Access Rule applies to Missed Repair Appointments sub-metrics:
 Exclude records where Verizon dispatches a technician prior to the
 appointment date, and encounters a No
 Access situation.

 


175





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.5.1 On
 Time Commitment- UNE –POTS Platform – Residence RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services

 
	
  

 	
 •

 	
  % Missed Repair Appointments - Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
  % Missed Repair Appointments – CO

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.5.1 On
 Time Commitment- UNE – POTS Platform – Business RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services

 
	
  

 	
 •

 	
  % Missed Repair Appointments - Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
  % Missed Repair Appointments – CO

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.5.1 On
 Time Commitment- UNE Loop– POTS, 2 wire digital
 & 2 wire xDSL - Loops RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Services (Business & Residence Combined)

 
	
  

 	
 •

 	
  % Missed Repair Appointments – Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
  % Missed Repair Appointments – CO

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.5.1 On
 Time Commitment- UNE – Line Sharing/Line Splitting RVZ – NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI13 Line Sharing

 
	
  

 	
 •

 	
  % Missed Repair Appointments – Loop

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
  % Missed Repair Appointments - CO

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 
	

 


 	
  

 
	
           13
 VADI is defined as the separate Verizon office/division that provides retail
 xDSL services through Line Sharing. The Parity comparison is to Line Sharing
 provided by Verizon to VADI. If Verizon discontinues providing Line Sharing
 to VADI, then the Parity comparison will be to Verizon Retail Line Sharing. 

 


176





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed
 Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 4.6 Maintenance Quality:

 	
  

 	
  

 	
  

 	
 General Comments:

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 This metric
 measures the percent of troubles cleared that have an additional trouble reported/cleared
 within 30 days for which a network trouble (Disposition Codes 03, 04, or 05)
 is found. A repeat trouble report is defined as a trouble on the same
 line/circuit/trunk as a previous trouble report that occurred within the last
 30 calendar days of the previous trouble. Any trouble, regardless of the
 original Disposition Code, that repeats as a Disposition Code 03, 04, or 05
 will be classified as a repeat report with the exception of those exclusions
 listed in Section A below.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 The identification
 of a repeat report and the scoring (number of days since original report) is
 based on the Close Date of the original report (often referred to as the
 “OR”) to the Close Date of the repeater.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Exclusions:

 
	
  

 	
  

 	
  

 	
  

 	
 Section A:

 
	
  

 	
  

 	
  

 	
  

 	
 A report is
 not scored as a repeat when the
 original reports are:

 
	
  

 	
  

 	
  

 	
  

 	
 •

 	
  For
 Loop troubles (e.g. analog loop, 2 wire
 digital loops and 2 wire xDSL loops) a repeat is not scored when
 the original report is no access or misdirected.

 
	
  

 	
  

 	
  

 	
  

 	
 •

 	
  An
 initial trouble may only be closed to a No
 Access disposition code if access is not

 


177





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 available
 within the appointment window.14

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 An original
 report that was closed to No Trouble Found (NTF), Found OK (FOK), or Customer
 Premises Equipment (CPE) is deemed to have been misdirected if the trouble is found in a second report
 that was dispatched in the opposite direction.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Section B:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Excluded
 from the repeat reports are:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Subsequent
 reports (additional customer calls while the trouble is pending)

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 CPE troubles

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 reported but not found upon dispatch (Found OK and Test OK).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 closed due to customer action.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 reported by Verizon employees in the course of performing preventative
 maintenance, where no customer reported a trouble.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 •

 	
 Troubles
 that are reported in the % Installation Troubles Reported within 30 and/or 7
 Days metric.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.6.1
 Maintenance Quality - UNE – POTS Platform-Residence: RVZ-NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Residence Services.

 
	
  

 	
 •

 	
  Repeat Reports w/in 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.6.1
 Maintenance Quality - UNE – POTS Platform-Business: RVZ-NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Business Services.

 
	
  

 	
 •

 	
   Repeat Reports
 w/in 30 days

 	
  

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 
	

 


 	
  

 
	
           14
 Verizon will provide, at TCG’s request, analysis and supporting detail of no
 access troubles excluded from performance.

 


178





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.6.1
 Maintenance Quality - UNE Loop– POTS, 2 wire digital & 2 wire xDSL
 Loops: RVZ-NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 POTS Retail Services (Business & Residence Combined)

 
	
  

 	
 •

 	
 Repeat Reports
 w/in 30 days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.6.1
 Maintenance Quality - UNE – Line Sharing/Line Splitting: RVZ-NY 2

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Retail/VADI15 Line Sharing

 
	
  

 	
 •

 	
 Repeat
 Reports w/in 30 days

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
      4.6.2
 Maintenance Quality - UNE –Specials RVZ-NY 3

 	
  

 	
 Parity

 	
  

 	
 Compared to
 Special (Designed) Retail Services.

 
	
  

 	
 •

 	
 Repeat
 Reports w/in 30 days – DS0

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Repeat
 Reports w/in 30 days – DS1

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 •

 	
 Repeat
 Reports w/in 30 days – DS3

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.7 

 	
 Completions/Jeopardy Reports:

 	
  

 	
 90% According to Schedule Below:

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.7.1 Timeliness of Notice of Trouble Closure
 - Interim Process: NR

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 Trouble
 Closure Status: Trouble Management System updated by technician. CLEC must
 monitor status. Additionally, Trouble Closure Status via call to CLEC from
 VZ-NY RCMC

 	
  

 	
 % within 2 hours of clearing trouble

 	
  

 	
  

 






	
  

 	
  

 
	

 


 	
  

 
	
           15
 VADI is defined as the separate Verizon office/division that provides retail
 xDSL services through Line Sharing. The Parity comparison is to Line Sharing
 provided by Verizon to VADI. If Verizon discontinues providing Line Sharing
 to VADI, then the Parity comparison will be to Verizon Retail Line Sharing. 

 


179





Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York 


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.7.2 Timeliness of Notice of Trouble Closure
 - Under Development: NR

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 a)

 	
 Trouble
 Closure Status: Trouble Management System updated by technician. Secure WEB
 page updated with closed Troubles - Every 2 hrs.

 	
  

 	
 % within 2 hours of clearing trouble

 	
  

 	
  

 
	
  

 	
 b)

 	
 Jeopardy
 Reports: Summary of Troubles that may not be cleared by the commitment Time.
 Secure WEB page updated at least every 2 hours.

 	
  

 	
 % within 2 hours of commitment time

 	
  

 	
  

 


180






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 


 	
  

 	

 


 	
  

 	

 


 
	
 5. Billing
 Process:

 	
  

 	
  

 	
  

 	
  

 
	
 5.1     Timeliness
 of Delivery
5.1.1.
 Timeliness of Carrier Bill Delivery

 	
  

 	
  

 	
  

 	
  

 
	
 5.1.1.1 Timeliness of Carrier Bill Delivery
 RVZ-NY 1

 	
  

 	
 10 Business Days after the bill closure date

 	
  

 	
  Bill ready for distribution. Carrier bill
 includes CSRs, Recurring and Non-Recurring charges (including Time &
 Material charges) as well as total usage billed to carrier.

 
	
 5.2 Timeliness of Usage Information

 	
  

 	
  

 	
  

 	
  

 
	
 5.2.1 Timeliness of Usage Information
 - Switching Elements 

 RVZ-NY1

                     •          %
 Usage sent in 3 business days

                     •          %
 Usage sent in 4 business days

                     •          %
 Usage sent in 5 business days

                     •          %
 Usage sent in 8 business days

 	
  

 	
 parity

 	
  

 	
 Pursuant to
 the interconnection agreement, the appropriate local and Interexchange access
 usage records (both end user usage records and carrier minutes of use usage
 records) will be provided to CLECs each business day. The EMI usage process
 starts with collection of usage information from the switch. Most offices
 have this information teleprocessed to VZ-NY’s data center. Other offices transport
 usage over the road to the data center. Not all offices poll usage every
 business day. Weekend and holiday usage is captured on the next business day.
 VZ-NY collects CLEC usage for all CLECs at the same time and will measure all
 CLECs compared to VZ-NY usage processing. Usage ready for distribution.

 


181






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 5.3. Accuracy

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 5.3.1 Billing Accuracy: NR

 	
  

 	
  

 	
  

 	
 Accuracy of
 billing information will be measured by monitoring 8 control points for UNE.
 VZ-NY created these control points (similar to the way access information is
 assured) in a collaborative process with AT&T, MCI, Sprint and Worldcom
 in June 1996. No accuracy reports will be created. CLECs will be kept
 informed of problems and related fixes.

 
	
  

 	
  

 	
  

 	
  

 	
 1.

 	
 VZ-NY
 monitors the level of service order errors with the potential of delaying
 usage feeds.

 
	
  

 	
  

 	
  

 	
  

 	
 2.

 	
 VZ-NY
 monitors the timeliness of the usage feed to the process on a daily basis.

 
	
  

 	
  

 	
  

 	
  

 	
 3.

 	
 VZ-NY offers
 its Reseller and CLEC customers the option of receiving EMI usage feeds
 through the Network Data Mover (NDM) process to increase the timeliness of
 delivery.

 


182






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Proposed Service Quality Measurement

 	
  

 	
 Standard

 	
  

 	
 NOTES

 
	

 

 

 	
  

 	

 


 	
  

 	

 


 
	
 6. Operator
 Services Processes and Databases:

 	
  

 	
  

 	
  

 	
  

 
	
 6.1Operator
 Timeliness

 	
  

 	
  

 	
  

 	
  

 
	
 6.1.1 Operator Assistance Calls (Call Completion Services)

 	
  

 	
 Regulatory Standard

 	
  

 	
 VZ-NY’s
 Operator Call Distribution Systems handle all traffic on a first come first
 serve basis, regardless of VZ or CLEC or originating trunk group.
 (Identification of CLEC for branding and billing does not impact call
 distribution.) VZ-NY measures Average speed of answer for Operator Services
 and utilizes individual state standards for Speed of Answer.

 
	
 NR

 	
  

 	
 NY < 2.8 seconds

 	
  

 
	
           6.1.1.1 Average Speed of Answer

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 
	
 6.1.2.1 Directory Assistance Call NR

 	
  

 	
 Regulatory Standard

 	
  

 	
 (See explanation in 6.1.1 notes above.)

 
	
         6.1.2.1 Average Speed of Answer

 	
  

 	
 NY < 6.3 seconds

 	
  

 	
  

 


183






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 6.1.3 Performance LIDB, routing, OS/DS
 platforms NR

 	
  

 	
  

 	
  

 	
  

 
	
 6.1.3.1 LIDB performance

 	
  

 	
 Bellcore produced standard

 	
  

 	
 VZ-NY’s LIDB
 is engineered to be unavailable for a maximum of 12 hours a year as per
 GR-1158-CORE. The LIDB is designed to respond to all query attempts if
 properly formatted and overload conditions are not invoked. Since VZ-NY’s
 network does not originate all query attempts, VZ-NY can not be held
 responsible for external networks query formatting and network transport.
 VZ-NY’s LIDB does not prioritize query messages.

 
	
  

 	
 a)     LIDB reply rate to all query attempts

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 


184






Schedule 26.0 - Appendix A

UNE Performance Standards – Verizon New York



	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 b)    LIDB query time-out

 	
  

 	
 Bellcore produced standard

 	
  

 	
 LIDB query
 timeouts are setable at the operator services switch. VZ-NY’s OSSs use two
 seconds as the time out. GR-954-CORE sets an objective of 144 milliseconds
 for one way internetwork signaling as an objective. GR-1158-CORE sets the
 mean processing time at the LIDB to be no more than .25 - .5 second and not
 to exceed 1 second for 99% of all messages during normal operating
 conditions. Since LIDB queries can leave the VZ-NY network, this is somewhat
 out of VZ-NY’s control. VZ-NY’s LIDB does not prioritize query messages.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 c)    Unexpected data values in replies for all LIDB queries

 	
  

 	
 2%

 	
  

 	
 Acceptable
 at 2%

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 d)    Group troubles in all LIDB queries Delivery to OS platform -

 	
  

 	
 2%

 	
  

 	
 Acceptable
 at 2%

 


185





Schedule 26.0 - Appendix A


DEFINITIONS


	
  

 	
  

 	
  

 	
  

 
	
 Metrics:

 	
  

 	
 Definition:

 
	

 


 	
  

 	

 


 
	
 •

 	
 Number of
 Installation Orders

 	
  

 	
 Total orders
 received and completed. Note: there may be multiple orders per TC Purchase
 Order Number.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Average
 Interval - Offered

 	
  

 	
 Average
 number of days between application date and committed due date. For orders
 received after 3 p.m., the next business day is considered the Day 0
 application date. The application date is the date that a valid service
 request is received. Separate reporting by volume of lines for POTS service.
 The denominator excludes Hot Cuts and lines on orders where the customer
 requests service beyond the offered interval (“x” dated orders).

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Average
 Interval - Completed

 	
  

 	
 Average
 number of days between application date and completed date. Completion date
 is the date noted on Service Order as completed. The denominator excludes Hot
 Cuts and lines on orders where the customer requests service beyond the
 offered interval (“x” dated orders).

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % completed
 in 1, 2 or 3 business days – Dispatch

 	
  

 	
 For those
 orders requiring physical outside dispatch with 1 to 5 lines per order, the %
 of all lines (on orders with 1 to 5 lines per order) that are actually
 completed in 1, 2 or 3 business days. The denominator excludes Hot Cuts and
 lines on orders where the customer requests service beyond the offered
 interval (“x” dated orders).

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % completed
 in 1, 2 or 3 business days – No Dispatch

 	
  

 	
 Similar to
 previous metric, except for those orders not requiring a physical outside
 dispatch. 

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % completed
 in 4, 5 or 6 business days – Total

 	
  

 	
 All orders,
 1 to 5 lines per order, the number of lines completed in 4, 5 or 6 days.
 Excludes “x” dated orders and Hot Cuts.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Missed
 Appointment – VZ-NY

 	
  

 	
 % of all lines ordered, the % where there was a missed
 appointment due to a VZ-NY problem.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Missed
 Appointment – VZ-NY – Dispatch

 	
  

 	
 Same as
 previous. However, only for those lines where dispatch was required to
 complete the order.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Missed
 Appointment – VZ-NY – No Dispatch

 	
  

 	
 Same as
 previous. No dispatch required.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Missed
 Appointment – Facilities

 	
  

 	
 % of orders with missed appointments due to lack of
 facilities.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Average
 Delay Days – Facilities Miss

 	
  

 	
 For Orders
 with Facility misses, the average number of days between committed due date
 and actual completion date.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 %
 Installation Troubles w/in 7 or 30 days

 	
  

 	
 For
 Lines/Circuits Installed, the % of lines where a Network Trouble is reported
 within the first 7 or 30 days.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Missed
 Appointment – Customer Reasons

 	
  

 	
 % of all lines ordered where there was a missed
 appointment for customer reasons.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Trouble
 Report Rate

 (Network Trouble Report Rate)

 	
  

 	
 Total
 Initial Customer Troubles reported by customer, where the trouble disposition
 was found to be a network problem (Disposition Codes 3, 4 and 5) per 100
 line/circuits in service. Excludes Subsequent Trouble Reports, CPE Troubles
 and No Trouble Found.

 


186






Schedule 26.0 - Appendix A


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Metrics:

 	
  

 	
 Definition:

 	
  

 
	

 


 	
  

 	

 


 	
  

 
	
 •

 	
 Trouble
 Report Rate – Loop 

 (Network Trouble Report Rate – Loop)

 	
  

 	
 Same as
 above. Disposition Codes 3 and 4 only.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Trouble
 Report Rate – Central Office 

 (Network Trouble Report Rate – Central Office)

 	
  

 	
 Same as
 above. Disposition
 Code 5 only.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Mean Time To
 Repair - Total

 	
  

 	
 For Initial
 Customer Trouble Reports, found to be network troubles, the average time from
 trouble receipt to trouble clear time. Disposition Codes 3, 4 and 5.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Mean Time To
 Repair - Loop

 	
  

 	
 Same as
 previous, but only those troubles that are closed to disposition codes 3 and
 4. These troubles generally require an outside dispatch.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Mean Time To
 Repair - Central Office

 	
  

 	
 Same as
 previous, but only those troubles that are closed to disposition code 5.
 These troubles generally do not require an outside dispatch. 

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Out of
 Service > 4, 12 or 24 Hours

 	
  

 	
 The percent
 of network troubles out of service cleared in greater than 4, 12 or 24 hours.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % All
 Troubles Cleared within 24 Hours

 	
  

 	
 The percent
 of all troubles (found to be network troubles) cleared in 24 hours.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Missed
 Repair Appointments

 	
  

 	
 For Initial
 Customer Trouble Reports found to be network troubles (Disposition Codes 3, 4
 and 5), where the actual restoration time occurs after the committed
 restoration time.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 % Repeat
 Reports w/in 30 days

 	
  

 	
 The percent
 of troubles that originated as any disposition code (< 14) that have an
 additional trouble within 30 days that has a disposition code of 3, 4 or 5.
 Initial troubles. Excludes customer action, front end closeouts (VZ-NY) and
 CPE Troubles.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Subsequent
 Trouble Reports

 	
  

 	
 Additional
 customer originated trouble reports reported while trouble is still pending
 resolution.

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 CPE Troubles

 	
  

 	
 Troubles
 reported where the found trouble is a CPE disposition (disposition code 12 or
 13).

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 No Trouble
 Found

 	
  

 	
 Troubles
 reported where there is no trouble found or a test OK (disposition code 7, 8
 and 9).

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 No Access

 	
  

 	
 Troubles
 where there is no customer access available before the commitment time
 (disposition code 6).

 	
  

 



For the
purposes of this Schedule 26.0, the services are defined below:


	
  

 	
  

 	
  

 	
  

 
	
 Products:

 	
  

 	
 Definition:

 
	

 


 	

 


 	
  

 	

 


 
	
 •

 	
 POTS
 services

 	
  

 	
 All
 non-designed circuits that originate on an OE (Switch Office Equipment) and
 terminate at a customer’s premise. All others are considered Specials. Includes
 Analog Centrex, Basic ISDN and PBX trunks. For POTS UNE Platform, POTS
 services include associated transport.
 

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 Specials

 	
  

 	
 Special
 services are services or elements that require design intervention. These
 include such services/elements as high 

 


187







Schedule 26.0 - Appendix A


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 capacity
 links (DS1 or DS3), Primary Rate ISDN, digital services16,
 multiplexing, foreign served services links or analog private links.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 UNE Platform

 	
  

 	
 POTS service
 that originates on an OE (Switch Office Equipment) and terminates at a
 customer’s premise. Platform is further disaggregated into Business and
 Residence in certain metrics.

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 UNE Loop

 	
  

 	
 UNE Loop
 includes 2 wire loops. This includes analog (POTS), 2 wire xDSL and 2 wire
 digital loops. New Loops would exclude Hot Cut Loops (migrated through a
 coordinated conversion)

 
	
  

 	
  

 	
  

 	
  

 
	
 •

 	
 UNE Line
 Sharing/ Line Splitting

 	
  

 	
 xDSL
 services provided over a line that is also used for voice grade service. Line
 Sharing involves Verizon provided voice grade service. Line Splitting involves
 CLEC provided voice grade service.

 






	
  

 	
  

 	
  

 	
  

 
	
 Regional
 Reporting Areas

 	
  

 	
 Definition:
 consistent with VZ-NY operational boundaries in NY

 
	

 


 	

 


 	
  

 	

 


 
	
 •

 	
 Manhattan

 	
  

 	
 Manhattan
 south of 59th Street

 
	
 •

 	
 Greater
 Metro

 	
  

 	
 Remaining NY
 City area (exclusive of Manhattan south of 59th St.)

 
	
 •

 	
 Suburban

 	
  

 	
 Suffolk,
 Nassau, Westchester, Putnam and Rockland Counties

 
	
 •

 	
 State Area

 	
  

 	
 Remaining NY
 state area (exclusive of NY City and suburban)

 






	
  

 	
  

 
	

 


 	
  

 



          16
Notwithstanding the above, in order to avoid a double counting of Verizon’s
performance, Verizon’s performance for digital service UNEs (such as, 2 wire
Digital Loops, 2 wire xDSL Loops, Line Sharing or Line Splitting) that is
measured under a performance standard that has been assigned to the
Provisioning-UNE POTS category (Appendix B, Footnote 18) or to the
Maintenance-UNE POTS/Billing Category (Appendix B, Footnote 19) will not be
measured under UNE Specials. 


188






Schedule 26.0 - Appendix B


APPENDIX B


COMPLIANCE WITH PERFORMANCE STANDARDS


                    VERIZON
will abide by the monthly Performance Standards for unbundled network elements
as set forth in Appendix A. The following measures will be employed to foster
compliance with the standards. 


I. Forecasts


                    TCG
will provide VERIZON with demand forecasts which VERIZON needs in order to plan
and operate its network effectively. The companies will work cooperatively to
identify the types of forecasts required and the timing and format for the
provision of such forecasts. 


II. Meetings


                    The
companies will meet at least quarterly to review compliance with the
Performance Standards and forecasting requirements and to identify and resolve
any concerns that might arise in these areas. If either company is not
satisfied with the progress being made toward resolving its concerns, it may
call additional meetings and/or escalate the matters to higher levels of
management. 


III. Corrective
Action Plans


                    If
a Performance Standard is missed for three consecutive months or for three out
of the last six months, within 15 days of the end of the trigger month, Verizon
will develop and begin implementing a corrective action plan. Verizon will also
review the corrective action plan with TCG and consider any suggestions TCG may
have. The corrective action plan will include a description of the cause of the
problem, the corrective steps being taken, and a timetable for meeting the
performance standards. Verizon will provide TCG with written monthly progress
reports until the Performance Standard is consistently met. TCG will provide
Verizon with all 


189





Schedule 26.0 - Appendix B


information
and support reasonably requested to enable the cause of the problem to be
identified and a corrective action plan to be developed and implemented. 


IV. Bill
Credits


                    TCG
may be eligible to receive bill credits for missed Performance Standards. The
bill credits will be calculated by Regional Reporting Areas defined as follows:
(1) for the Ordering—UNE POTS and Ordering—UNE Specials categories, New York
State; (2) for the Provisioning—UNE POTS and Maintenance—UNE POTS/Billing
categories, Manhattan (South of 59th Street), Greater Metro (Remaining NY City
area - exclusive of Manhattan South of 59th Street), Suburban (Suffolk, Nassau,
Westchester, Putnam and Rockland Counties), and State (Remaining New York
State); and, (3) for the Provisioning—UNE Specials and Maintenance—UNE Specials/Billing
categories, LATA 132, and remaining New York State. Company-wide results (or
CLEC-aggregate results) may be used within each area in the case of standards
that are not required by the Interim Guidelines approved by the Commission on
March 16, 1998 in Case 97-C-0139 to be measured and reported by Regional
Reporting Area or by specific CLEC. The following process will be used to
calculate the bill credits: 


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 a.

 	
 Each
 Performance Standard will be assigned to one of the following six categories:
 Ordering—UNE POTS; Ordering—UNE Specials17; 

 






	
  

 	
  

 
	

 


 	
  

 
	
           17
 Each “Performance of OSS Systems” standard (Appendix A, Section 1.1.1) will
 be assigned to the Ordering—UNE POTS category. Those same “Performance of OSS
 Systems” standards (Appendix A, Section 1.1.1) will also be assigned to the
 Ordering—UNE Specials category, except that in the case of the “Pre-Order
 Response Time by Transaction Type” standards (Appendix A, Section 1.1.1.1)
 only the “Customer Service Records” and “Address Validation” standards shall
 apply to the Ordering—UNE Specials category. 

 



          The
“Timeliness of Service Request (“SR”) Order Confirmation/Reject”, “Less Than 10
Lines - UNE (POTS Platform, POTS Loop, Pre-Qualified 2 wire xDSL Loop, 2 wire
Digital Loop, Pre-Qualified Line Sharing/Line Splitting)” standard (Appendix A,
Section 2.1.1(a)) and the “Timeliness of Notice of Completion”, “Unbundled
Element - Hot Cuts” standard (Appendix A, Section 2.2.1) will be assigned to
the Ordering UNE—POTS category. 


190





Schedule 26.0 - Appendix B


	
  

 	
  

 	
  

 	

	
 

 	
 

 	
 

 	
 Provisioning—UNE
 POTS18; Provisioning—UNE Specials; Maintenance—UNE POTS/Billing19;
 or, Maintenance—UNE Specials/Billing20. The 

 






	
  

 	
  

 
	

 


 	
  

 
	
           The
 “Timeliness of Service Request (“SR”) Order Confirmation/Reject”, “Less than
 10 Lines – UNE (Specials)” standard (Appendix A, Section 2.1.1(b)) will be
 assigned to the Ordering UNE—Specials category.

 
	
  

 
	
           The
 “Timeliness of Service Request (“SR”) Order Confirmation/Reject”, “10 or
 greater lines – UNE (POTS/Spec.-includes facility check) (also includes
 services requiring manual loop qualification)” standard (Appendix A, Section
 2.1.1(c)) and the “Timeliness of Notice of Completion”, “Unbundled Element -
 Other” standard (Appendix A, Section 2.2.1), will be assigned to both the Ordering—UNE
 POTS category and the Ordering UNE—Specials category.

 
	
  

 
	
           18
 Provisioning standards for the following UNEs will be assigned to the
 Provisioning-UNE POTS category: UNE POTS Platform, UNE POTS Loop, UNE Hot
 Cuts, UNE Hot Cut Loop, UNE 2 wire Digital Loops, UNE 2 wire xDSL Loops, and
 UNE Line Sharing/Line Splitting. Provisioning standards for these UNEs will
 not be assigned to the Provisioning-UNE Specials category.

 
	
  

 
	
           19
 Maintenance standards for the following UNEs will be assigned to the
 Maintenance-UNE POTS/Billing category: UNE POTS Platform, UNE POTS Loop, UNE
 2 wire Digital Loops, UNE 2 wire xDSL Loops, and UNE Line Sharing/Line
 Splitting. Maintenance standards for these UNEs will not be assigned to the
 Maintenance-UNE Specials/Billing category.

 
	
  

 
	
           20
 Each “Performance of OSS Systems” standard (Appendix A, Section 4.1.1) will
 be assigned to the Maintenance—UNE POTS/Billing category. Those same
 “Performance of OSS Systems” standards (Appendix A, Section 4.1.1) will also
 be assigned to the Maintenance—UNE Specials/Billing category, except that in
 the case of the “Response Time by Transaction Type” standards (Appendix A,
 Section 4.1.1.1) the “Test (POTS only)” standard shall not apply to the
 Maintenance—UNE Specials/Billing category.

 



          Each
“Billing Process”, “Timeliness of Delivery” and “Timeliness of Usage
Information” standard (Appendix A, Sections 5.1 and 5.2, respectively), will be
assigned to the Maintenance—UNE POTS/Billing category. The “Billing Process”, “Timeliness
of Delivery” standard (Appendix A, Section 5.1) will also be assigned to the
Maintenance—UNE Specials/Billing 


191





Schedule 26.0 - Appendix B


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 Ordering
 categories include the standards relating to pre-service ordering and service
 ordering functions. The Provisioning categories include the standards
 relating to service provisioning. The Maintenance/Billing categories include
 the standards relating to trouble reporting, repair, and billing functions.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 b.

 	
 For each
 Performance Standard within each category, a “sigma 2” statistical test
 (actually 1.645 for a one-tailed test as is appropriate here) will be applied
 each month to determine, with a 95% confidence level, whether performance in
 providing UNEs to TCG is statistically worse than VERIZON’s provisioning for
 its own retail customers. The intent of the statistical test is to determine
 if the variation between the TCG and VERIZON mean that is observed is due
 entirely to sampling error, or due partly to sampling error and partly to a
 lack of parity. For each carrier to carrier performance standard within each
 category, VERIZON will report the mean performance level to itself and to
 TCG. The statistical test will determine whether the TCG measurement could be
 viewed as coming from a sample of the same underlying process that produced
 the VERIZON measurements. The standard sampling error of the measurement, or
 “sigma value”, will be calculated by dividing the standard deviation of the
 individual observations used to calculate the VERIZON mean measurement by the
 square root of the number of TCG observations.

     For “measured” variables
 (those for which the measurement is expressed as a magnitude on some scale,
 such as elapsed time) with sample sizes of greater than 30, a cutoff value of
 1.645 sigma units will be used, and for measured variables with sample sizes
 between 10 and 30, cutoff values will be taken from the t-table. For counted
 variables (those for which measurements are obtained by counting how many
 times an event has 

 






	
  

 	
  

 
	

 


 	
  

 
	
 category.
 The “Billing Process”, “Timeliness of Usage Information” standards (Appendix
 A, Section 5.2) will not be assigned to the Maintenance—UNE Specials/Billing
 category. 

 


192





Schedule 26.0 - Appendix B


	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 occurred),
 the determination of parity will be made by using 1.645 sigma units, in a “z”
 comparability computation, for all sample sizes greater than 10 that are
 large enough to make the quantity np(1-p) equal to or greater than 5 (where n
 is the sample size and p is the service measurement). For counted variables
 sample sizes of greater than 10, but less than the quantity 5/(p(1-p)), the
 cutoff value will be computed directly using the binomial distribution.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
      In
 order to determine if the standard was missed, for both measured and counted
 variables, the TCG measurement will be compared to the VERIZON measurement,
 adjusted for the cutoff values as specified in the paragraphs above.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
      Each
 “absolute” quantity Performance Standard within each category shall be
 treated as follows for comparison purposes in Section IV(c) below: The
 Performance Standard should be treated in an analogous manner to the VERIZON
 mean measurement. Performance measurement means and standard deviations shall
 be calculated for TCG’s measured variables. Cutoff values for the proxy
 around the VERIZON mean (the absolute standard) shall be developed as
 described in the paragraphs above, except that the sampling error will be
 calculated based on the standard deviation of the TCG observations as opposed
 to the standard deviation of the VERIZON observations.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 c.

 	
 If the
 standard was met, a value of 0% will be assigned to that standard. If the
 standard was not met, a value will be assigned to that standard which is
 equal to the percentage by which the standard was missed after applying the
 “sigma” test described in b. above. For instance, if the VERIZON measurement
 for a measured item is 10 hours, the TCG measurement is 14 hours and the
 sampling standard error is 1.5 hours, TCG’s 14 hour measurement will be compared
 to the adjusted VERIZON measure of 12.468 hours (10 + [1.645x1.5]). The
 percentage missed in this case is 12.287% ([14-12.468]÷12.468). If the
 VERIZON measure for a counted 

 


193





Schedule 26.0 - Appendix B


	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 item was 95%
 made, the TCG measurement was 90%, and the sampling standard error was 1%,
 then the percentage miss would be 3.355% (95%-91.645%=3.355%) (90%+1.645x1%=91.645%).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 d.

 	
 In the
 computation of each Performance Standard, there must be at least ten (10)
 measurable events, or that Performance Standard will not be included in the
 computation of the category score as provided in §IV(e).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 e.

 	
 A score will
 be calculated for each category by summing the values assigned to each
 Performance Standard in (c) above and by dividing that sum by the number of
 Performance Standards within the category. That is, the average (mean)
 percentage miss will be computed for each category.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 f.

 	
 The scores
 calculated in (e) above will determine the percentage bill credits applicable
 to each category, as follows:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 1.

 	
 Ordering—UNE
 POTS Category, Ordering—UNE Specials Category, Provisioning—UNE POTS Category,
 and Provisioning—UNE Specials Category:

 
	
  

 	
  

 	
  

 	
  

 	
  

 






	
  

 	
  

 	
  

 	
  

 
	
 CATEGORY

 SCORE

 	
 PERCENTAGE

 BILL CREDIT

 
	

 


 	

 


 
	
  

 
	
 >0% - 5%

 	
 10% 

 
	
 5.01% - 10%

 	
 25% 

 
	
 10.01% - 20%

 	
 50%

 
	
 Over 20%

 	
 100% 

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 2.

 	
 Maintenance—UNE
 POTS/Billing Category and Maintenance—UNE Specials/Billing Category:

 






	
  

 	
  

 	
  

 	
  

 
	
 CATEGORY

 SCORE

 	
 PERCENTAGE

 BILL CREDIT

 
	

 


 	

 


 
	
  

 
	
 Less than or
 equal to 0.25%

 	
 0% 

 
	
 0.26% -
 0.35%

 	
 1%

 
	
 0.36% -
 0.45%

 	
 2% 

 
	
 0.46% -
 0.55%

 	
 4% 

 


194





Schedule 26.0 - Appendix B


	
  

 	
  

 	
  

 	
  

 
	
 0.56% -
 0.65%

 	
 6%

 
	
 0.66% -
 0.75%

 	
 8%

 
	
 0.76% - 5.0%

 	
 10%

 
	
 5.01% - 10%

 	
 25%

 
	
 10.01% - 20%

 	
 50%

 
	
 Over 20%

 	
 100%

 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 If the
 Maintenance-UNE POTS/Billing Category category score equals or exceeds 0.6%
 for any two (2) consecutive months, the bill credits for the second month go
 to the 10% bill credit level (unless a higher bill credit level is warranted
 based on the category score for the measured month) and will remain at that
 level (unless a higher bill credit level is warranted based on the category
 score for the measured month) until the Maintenance-UNE POTS/Billing Category
 category score is below 0.6%.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 If the
 Maintenance-UNE Specials/Billing Category category score equals or exceeds
 0.6% for any two (2) consecutive months, the bill credits for the second
 month go to the 10% bill credit level (unless a higher bill credit level is
 warranted based on the category score for the measured month) and will remain
 at that level (unless a higher bill credit level is warranted based on the
 category score for the measured month) until the Maintenance-UNE Specials/Billing
 Category category score is below 0.6%.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 g.

 	
 The
 percentage credits determined in (f) above will be applied to TCG’s bills, as
 follows21:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 (1)

 	
 Ordering—UNE
 POTS category: (1) to that month’s total usage and/or monthly charges for UNE
 POTS pre-ordering and ordering and (2) to the non-recurring charges and the
 first month’s recurring charges for all UNE POTS services ordered that month;

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 (2)

 	
 Ordering—UNE
 Specials category: (1) to that month’s total usage and/or monthly charges for
 UNE Specials pre-ordering and ordering and (2) to the non-recurring charges
 and the first month’s recurring charges for all UNE Specials services ordered
 that month;

 






	
  

 	
  

 
	

 


 	
  

 
	
           21
 For the purposes of this subsection “g.”, charges for “UNE POTS” shall
 include charges for the following: UNE POTS Platform, UNE POTS Loop, UNE Hot
 Cuts, UNE Hot Cut Loop, UNE 2 wire Digital Loops, UNE 2 wire xDSL Loops, UNE
 Line Sharing, and UNE Line Splitting. 

 


195





Schedule 26.0 - Appendix B


	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 (3)

 	
 Provisioning—UNE
 POTS category: (1) to that month’s UNE POTS non-recurring charges and (2) to
 the first month’s recurring charges for all UNE POTS services that were
 initially scheduled to be provisioned that month;

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 (4)

 	
 Provisioning—UNE
 Specials category: (1) to that month’s UNE Specials non-recurring charges and
 (2) to the first month’s recurring charges for all UNE Specials services that
 were initially scheduled to be provisioned that month; 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 (5)

 	
 Maintenance—UNE
 POTS/Billing category: to that month’s monthly recurring charges for all UNE
 POTS services. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 (6)

 	
 Maintenance—UNE
 Specials/Billing category: to that month’s monthly recurring charges for all
 UNE Specials services. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 h.

 	
 Maximum
 Credits: If TCG qualifies for percentage bill credits in more than one
 category in a given month, VERIZON’s obligation to issue a bill credit for
 any single unit of unbundled network element is limited to 100% of the tariff
 charge for that element. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 i.

 	
 Credits for
 Service Interruptions: In addition to the compliance measures described
 above, TCG will continue to be eligible for Credits for Service Interruptions
 pursuant to applicable Verizon tariffs. Verizon will not be required,
 however, to issue Performance Credits for recurring charges and Credits for
 Service Interruptions that exceed TCG’s recurring charges in a given month. 

 



          Verizon
may, if and to the extent permitted by the arbitrator under the ADR provisions
of this Agreement, exclude from the computation of bill credits the impacts of
(i) a failure by TCG to perform an obligation set forth in this Agreement; (ii)
a delay, act or failure to act by TCG or a customer, agent, affiliate,
representative or subcontractor of TCG; (iii) a delay, 


196





Schedule 26.0 - Appendix B


act or failure
to act by an unaffiliated equipment or service vendor to Verizon; (iv) a force
majeure event; or (v) such other delay, act or failure to act upon which the
companies may agree. 


197